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propriate declaratory and injunctive relief against any in-
surer who violates the requirements of section 3.
(c) INSURER LIABILITY.—An insurer shall be respon-
sible under subsections (a) and (b) for any violation of
a statistical agent acting on behalf of the insurer.
SEC. 10. SUNSET.
(a) EXPIRATION.—Except as provided in subsection
(b), this Act shall not be in effect after the expiration of
5 years from its effective date. Prior to the expiration of
4 years from such date, the Secretary shall report to the
Energy and Commerce Committee of the House of Rep-
resentatives and the appropriate committee of the Sen-
ate—
(1) the quality of data received under section 3
and the effectiveness of the data requirement, in-
cluding the relation between the cost of such data
gathering and the benefits from having such data
available,
(2) the appropriateness of the geographic data
reporting units,
(3) the need for continued reporting by the des-
ignated insurers in urban areas,
(4) the efforts of insurers to meet the insurance
needs of minority and low-income neighborhoods,
and
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(5) such other information as the Secretary de-
termines will assist in considering an extension of
this Act.
(b) EXTENSION.—Based on the Secretary’s report on
the need described in subsection (a)(3) and the informa-
tion described in subsection (a)(5), the Secretary may ex-
tend this Act for one period of 2 years.
SEC. 11. STUDIES.
(a) STUDY OF INFORMATION ON INSURANCE APPLI-
CANTS.—
(1) IN GENERAL.—The Secretary shall conduct
a study to determine the feasibility and utility of the
collection of information with respect to the charac-
teristics of applicants for insurance and reasons for
rejection of applicants. The study shall examine the
extent to which—
(A) oral applications or representations are
used by insurers and agents in making deter-
minations regarding whether or not to insure a
prospective insured,
(B) written applications are used by insur-
ers and agents in making determinations re-
garding whether or not to insure a prospective
insured,
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(C) written applications are submitted
after the insurer or agent has already made a
determination to provide insurance to a pro-
spective insured or has determined that the pro-
spective insured is eligible for insurance, and
(D) prospective insureds are discouraged
from submitting applications for insurance
based, in whole or in part, on—
(i) the location of the risk to be in-
sured,
(ii) the race or ethnicity of the pro-
spective insured,
(iii) the racial or ethnic composition of
the neighborhood in which the risk to be
insured is located, and
(iv) in the case of residential property
insurance, the age and value of the risk to
be insured.
(2) REPORT.—The Secretary shall report the
results of the study under paragraph (1) to the
Committee on Energy and Commerce of the House
of Representatives and the appropriate Committee of
the Senate within 18 months of the date of the en-
actment of this Act.
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(b) STUDY OF INSURER ACTIONS TO MEET INSUR-
ANCE NEEDS OF CERTAIN NEIGHBORHOODS.—The Sec-
retary shall conduct a study of various practices, actions,
programs, and methods undertaken by insurers to meet
the property and casualty insurance needs of residents of
low- and moderate-income neighborhoods, minority neigh-
borhoods, and small businesses located in such neighbor-
hoods. The Secretary may establish a task force of inter-
ested parties, including representatives of insurance com-
panies, insurance agents, including minority agents, and
consumer representatives to discuss additional practices,
actions, programs, and methods to meet these needs. The
Secretary shall report the results of the study, including
any recommendations, to the Committee on Energy and
Commerce of the House of Representatives and the appro-
priate Committee of the Senate no later than 2 years after
the date of the enactment of this Act.
SEC. 12. DEFINITIONS.
For purposes of this Act:
(1) The term ‘‘commercial insurance’’ means
any line of property and casualty insurance, except
private passenger automobile and homeowner’s in-
surance.