(6) the number and total coverage amount of
insurance policies by designated line for which the
insurer received a completed application for renewal
and which were not renewed, in such MSA;
(7) the number and total coverage amount of
insurance policies by designated line which were can-
celed by the insurer, in such MSA;
(8) the number of agents of such insurer whose
principal place of business is located in such MSA
and the number within each census tract or county,
as applicable, in such MSA and with respect to each
such agent, whether such agent is an employee,
independent contractor working exclusively for such
insurer, or an independent contractor appointed to
represent such insurer on a nonexclusive basis;
(9) the number of agents of such insurer whose
principal place of business was located in such MSA
but which was relocated outside such MSA or whose
agency was terminated, and the number of such
agents for each census tract or county, as applicable,
in such MSA; and
(10) the number of agents of such insurer
whose principal place of business was established at
a location in such MSA and the number of such
agents for each census tract or county, as applicable,
in such MSA.
(b) NONDESIGNATED INSURERS.—Except as pro-
vided in section 404(e), every insurer which sells an insur-
ance policy in a designated line of insurance in an MSA
and which is not a designated insurer in such MSA shall
report for each calendar year to the Administrator (in ac-
cordance with section 406 and regulations of the Adminis-
trator) the number of insurance policies in a designated
line sold in such MSA on an annualized basis which ad-
justs for varying durations of insurance policies sold—
(1) itemized by census tract for policies sold
within any county with a population of more than
30,000 within the MSA; or
(2) by county for insurance policies sold within
any other county in such MSA.
Such information shall be made available to the public on
a timetable determined by the Administrator but not later
than September 1 of the calendar year following the cal-
endar year for which the information is required to be re-
ported.
SEC. 404. REQUIREMENTS.
(a) CONTENT.—The information required to be main-
tained and made available under section 403(a) shall—
(1) be itemized in order to clearly and conspicu-
ously disclose the number and coverage amount for
each line of insurance for which information is re-
quired by—
(A) census tracts for insurance policies
within any county with a population of more
than 30,000 within the MSA; or
(B) county for insurance policies within
any other county within such MSA;
(2) disclose for each designated line of insur-
ance in an MSA and, with respect to each such line,
for each census tract or county, as applicable, in the
MSA—
(A) the total number of claims made which
with respect to property insurance shall be
disaggregated by the type and use of the prop-
erty insured, which types and uses shall in-
clude—
(i) properties consisting of 1 to 4
dwelling units;
(ii) properties consisting of more than
4 dwelling units;
(iii) owner-occupied properties;
(iv) rental properties; and
(v) vacant properties; and
(B) the total amount paid in claims which
with respect to property insurance shall be
disaggregated by the type and use of the prop-
erty insured, which types and uses shall include
the types and uses described in clauses (i)
through (v) of subparagraph (A);
(3) disclose the standards and criteria used in
underwriting each designated line of insurance; and
(4) be made available to the public on a time-
table determined by the Administrator but not later
than September 1 of the calendar year following the
calendar year for which the information is required
to be made available.
(b) ITEMIZATION OF DATA.—With respect to insur-
ance and applications for which information is required
to be maintained and made available under section 403(a),
the following information shall be maintained and made
available for each policy and each completed application:
(1) The MSA for which such insurance is is-
sued or applied and within such MSA the census
tract or county, as applicable, for which such insur-
ance is issued or requested.
(2) The designated insurer who issued such in-
surance or to whom the application was made.
(3) The date of the issuance of such insurance.
(4) The line of the insurance which is des-
ignated and any subline or class of such insurance.
(5) The type of insurance or policy form for
which applications are made and the types of insur-
ance and policy forms which are issued.
(6) The amount of coverage provided under
such insurance and any applicable deductibles.
(7) The amount of the premiums for such in-
surance.
(8) The durations of such insurance.
(9) The gender and racial characteristics of the
applicants for such insurance.
(10) A notation if such insurance was issued in
a voluntary or residual market.
(11) The date of, and reason for, any declina-
tion, cancellation, or nonrenewal made for such in-
surance.
(12) With respect to property insurance, the
market value of the property insured and the type
and use of property insured.
(c) PERIOD OF MAINTENANCE.—Any information re-
quired to be compiled and made available under section
403 shall be maintained and made available for a period
of 5 years after the close of the first year during which
(f) 
DEFINITION.—For 
purposes 
of 
subsection
(a)(2)(A), an adverse underwriting decision means any of
the following actions with respect to insurance trans-
actions involving insurance coverage which is individually
underwritten:
(1) A declination of insurance coverage.
(2) A termination of insurance coverage.
(3) Failure of an agent to apply for insurance
coverage with a specific insurance entity which the
agent represents and which is requested by the ap-
plicant.
(4) In the case of property or casualty insur-
ance coverage—
(A) placement by an insurance entity or
agent of a risk with a residual market mecha-
nism, an unauthorized insurer, or an insurance
entity which specializes in substandard risks; or
(B) the charging of higher rates on the
basis of information which differs from that
which the applicant or policyholder furnished.
SEC. 409. TERMINATION OF AGENTS.
(a) REGULATIONS.—Except as provided in subsection
(d), the Administrator shall, by regulation issued under
section 553 of title 5, United States Code, ensure that
the practices of insurers in terminating agents who handle
private mortgage insurance or property or casualty insur-
ance do not result in an inappropriate effect on the avail-
ability or affordability of insurance from such insurers.
Such regulations shall specifically ensure that such prac-
tices do not result in unfair discrimination against agents
as a result of their geographic locations or of the geo-
graphic locations of their clients. Regulations under this
subsection shall be stated in terms of minimum standards.
(b) PREEMPTION.—Subsection (a) may not be con-
strued to preempt any State from imposing on insurers
requirements of the type stated in such subsection, includ-
ing requirements which are more stringent or more com-
prehensive.
(c) ENFORCEMENT.—The Administrator may dele-
gate to the States the enforcement of such regulations.
(d) EXEMPTION.—A regulation issued under sub-
section (a) may not apply to insurance provided under a
program underwritten or administered by the United
States, including the national flood insurance program
under the National Flood Insurance Act of 1968, the pro-
gram for insurance against burglary and theft under title
XII of the National Housing Act, and mortgage insurance
under the National Housing Act.
SEC. 410. IMPLEMENTATION.
(a) IN GENERAL.—The Administrator shall prescribe
such regulations as may be necessary to carry out sections
403 through 406. Such regulations may contain such clas-
sifications, differentiations, or other provisions, and may
provide for such adjustments and exceptions for any class
of transactions, as in the judgment of the Administrator
are necessary and proper to effectuate the purposes of
such section and to prevent circumvention or evasion
thereof or to facilitate compliance therewith.
(b) BURDENS.—In prescribing regulations under sub-
section (a), the Administrator shall take into consideration
the administrative, paperwork, and other burdens on in-
surance agents, including independent insurance agents,
involved in complying with the requirements of sections
403 through 406 and shall minimize the burdens imposed
by such requirements with respect to such agents.
SEC. 411. IMPROVED METHODS.
The Administrator shall develop, or assist in the im-
provement of, methods of matching addresses and census
tracts to facilitate compliance by insurers, in as economi-
cal a manner as possible, with the requirements of this
title.
SEC. 412. COMPILATION OF AGGREGATE DATA.
(a) SCOPE OF DATA AND TABLES.—The Adminis-
trator shall compile each year, for each MSA, aggregate
data by census tract for all insurers who are subject to
section 403 or who are exempt from section 403 under
the provisions of section 404(e)(1) of such section. The
Administrator shall also produce tables indicating, for
each MSA, aggregate insurance underwriting patterns for
various categories of census tracts grouped according to
location, age of property, income level, and racial charac-
teristics.
(b) AVAILABILITY TO PUBLIC.—The data compiled
and the tables produced pursuant to subsection (a) shall
be made available to the public on a timetable determined
by the Administrator but not later than December 1 of
the year following the calendar year on which the data
and tables are based. The data shall be made available
using the system implemented under section 405, in the
forms required under such section, and subject to the pro-
visions of such section.
SEC. 413. TESTERS.
The Administrator may utilize employees and officers
of the Federal Insurance Administration and may provide
advice and technical assistance to State and local govern-
ment agencies and public and private entities (including
nonprofit organizations), to develop, implement, carry out,
or coordinate programs or activities designed to—
(1) prevent or eliminate discriminatory insur-
ance practices; or
(2) obtain enforcement of Federal and State
laws prohibiting discriminatory insurance practices.
SEC. 414. REPORT.
The Administrator shall report to the Committee on
Banking, Finance and Urban Affairs of the House of Rep-
resentatives and the Committee on Banking, Housing, and
Urban Affairs of the Senate on the implementation of this
title, any activities carried out pursuant to section 413,
and shall make recommendations to such committees on
such additional legislation as the Administrator deems ap-
propriate to carry out this title.
SEC. 415. ENFORCEMENT.
(a) CIVIL PENALTIES.—An insurer who does not
comply with the requirements of sections 403 through
406, or a regulation issued under section 408 or 409, shall
be subject to a civil penalty of not to exceed $5,000 for
each day during which such violation continues.
(b) INJUNCTION.—The district courts of the United
States shall have jurisdiction over a petition of the Admin-
istrator to enjoin an insurer from actions which are in vio-
lation of the requirements of sections 403 through 406
or of a regulation issued under section 408 or 409.
SEC. 416. RELATION TO STATE LAWS.
This title does not annul, alter, affect, or exempt the
obligation of any insurer subject to this title to comply
with the laws of any State or subdivision thereof with re-
spect to public disclosure and recordkeeping.
SEC. 417. DEFINITIONS.
For purposes of this title:
(1) The term ‘‘Administrator’’ means the Fed-
eral Insurance Administrator.
(2) The term ‘‘commercial insurance’’ means
any line of property and casualty insurance, except
private passenger automobile and homeowner’s in-
surance.
(3) The term ‘‘designated insurer’’ means an
insured designated by the Administrator under sec-
tion 407(a).
(4) The term ‘‘designated line’’ means a line of
insurance designated by the Administrator under
section 407(b).
(5) The term ‘‘insurer’’ means any corporation,
association, society, order, firm, company, partner-
ship, individual, or aggregation of individuals which
is subject to examination or supervision by any State
insurance regulator, or which is doing or represents
an insurance business.