I 

110TH CONGRESS 

2D SESSION H. R. 5633 

To amend the Fair Credit Reporting Act to prohibit certain discriminatory 

uses of consumer reports and consumer information in connection with 

certain personal lines of insurance, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 13, 2008 

Mr. GUTIERREZ (for himself, Mr. WATT, and Mr. FRANK of Massachusetts) 

introduced the following bill; which was referred to the Committee on Financial Services 

A BILL 

To amend the Fair Credit Reporting Act to prohibit certain 

discriminatory uses of consumer reports and consumer 

information in connection with certain personal lines of 

insurance, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Nondiscriminatory Use 

5 of Consumer Reports and Consumer Information Act of 

6 2008’’. 


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1 SEC. 2. USE OF CONSUMER REPORTS AND CONSUMER IN2 FORMATION IN A DISCRIMINATORY MANNER 

3 PROHIBITED. 

4 (a) IN GENERAL.—Section 604 of the Fair Credit 

5 Reporting Act (15 U.S.C. 1681b) is amended— 

6 (1) in subsection (a), by striking ‘‘Subject to 

7 subsection (c)’’ and inserting ‘‘Subject to subsections 

8 (c) and (h)’’; and 

9 (2) in subsection (c)(1), by striking ‘‘A con10 sumer reporting agency’’ and inserting ‘‘Subject to 

11 subsection (h), a consumer reporting agency’’. 

12 (b) PROHIBITION ON CERTAIN DISCRIMINATORY

13 USES OF CONSUMER REPORTS AND CONSUMER INFORMA14 TION IN CONNECTION WITH INSURANCE.—Section 604 of 

15 the Fair Credit Reporting Act (15 U.S.C. 1681b) is 

16 amended by adding at the end the following new sub17 section: 

18 ‘‘(h) PROHIBITION ON CERTAIN DISCRIMINATORY

19 USES OF CONSUMER REPORTS AND CONSUMER INFORMA20 TION IN CONNECTION WITH INSURANCE.— 

21 ‘‘(1) IN GENERAL.—No consumer reporting 

22 agency may furnish a consumer report or consumer 

23 information with respect to any consumer to any 

24 person for use in making any decision to underwrite 

25 or rate any personal lines of insurance, and no per26 son shall use or obtain a consumer report or conVerDate Aug 31 2005 00:33 Mar 15, 2008 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5633.IH H5633

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1 sumer information with respect to any consumer in 

2 connection with the underwriting or rating of any 

3 personal line of insurance, for which the Commission 

4 determines, including any finding or determination 

5 made in any study for which a report is submitted 

6 to the Congress, that any such use of the consumer 

7 report or the consumer information— 

8 ‘‘(A) results in racial or ethnic discrimina9 tion; or 

10 ‘‘(B) represents a proxy or proxy effect for 

11 race or ethnicity. 

12 ‘‘(2) INSURANCE INFORMATION NOT IN13 CLUDED.—Information derived from the following 

14 data bases shall not be treated as a consumer report 

15 or consumer information for purposes of paragraph 

16 (1): 

17 ‘‘(A) Databases that contain information 

18 on property loss data regarding personal lines 

19 of insurance, such as the Comprehensive Loss 

20 Underwriting Exchange (CLUE) and Auto21 mobile-Property Loss Underwriting System (A– 

22 PLUS). 

23 ‘‘(B) Databases that contain information 

24 on driver history, such as accidents or moving 


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1 violations, typically maintained at State depart2 ments of motor vehicles. 

3 ‘‘(C) Databases that contain information 

4 on a consumer’s medical history, to the extent 

5 such access and use for purposes described in 

6 paragraph (1) is consistent with the require7 ments of section 604(g). 

8 ‘‘(3) EFFECT ON STATE LAWS.—Notwith9 standing section 625(b)(3)(C), no provision of this 

10 section shall be construed as limiting or superseding 

11 the application of any State laws or regulations that 

12 restrict or prohibit the use of consumer reports or 

13 consumer information in the underwriting or rating 

14 of any personal lines of insurance. 

15 ‘‘(4) DEFINITIONS.—For purposes of this sub16 section, the following definitions shall apply: 

17 ‘‘(A) CONSUMER INFORMATION.—The 

18 term ‘consumer information’ means any infor19 mation from the file on any consumer at a con20 sumer reporting agency, or any product derived 

21 from any such information. 

22 ‘‘(B) PERSONAL LINE OF INSURANCE.— 

23 The term ‘personal line of insurance’ means 

24 any personal automobile or homeowners line of 

25 insurance, as defined in the Uniform Property 


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1 and Casualty Product Coding Matrix estab2 lished and maintained by the National Associa3 tion of Insurance Commissioners (or any suc4 cessor to such document). 

5 ‘‘(C) PROXY FOR RACE OR ETHNICITY.— 

6 The term ‘proxy for race or ethnicity’ means a 

7 substitute or stand-in for race or ethnicity, ei8 ther by design or in effect, without regard to 

9 the extent of the effect.’’. 

Æ 


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