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 Fi-
nancial 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Nondiscriminatory Use 
of Consumer Reports and Consumer Information Act of 
2008’’. 
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SEC. 2. USE OF CONSUMER REPORTS AND CONSUMER IN-
FORMATION IN A DISCRIMINATORY MANNER 
PROHIBITED. 
(a) IN GENERAL.—Section 604 of the Fair Credit 
Reporting Act (15 U.S.C. 1681b) is amended— 
(1) in subsection (a), by striking ‘‘Subject to 
subsection (c)’’ and inserting ‘‘Subject to subsections 
(c) and (h)’’; and 
(2) in subsection (c)(1), by striking ‘‘A con-
sumer reporting agency’’ and inserting ‘‘Subject to 
subsection (h), a consumer reporting agency’’. 
(b) PROHIBITION
ON
CERTAIN
DISCRIMINATORY 
USES OF CONSUMER REPORTS AND CONSUMER INFORMA-
TION IN CONNECTION WITH INSURANCE.—Section 604 of 
the Fair Credit Reporting Act (15 U.S.C. 1681b) is 
amended by adding at the end the following new sub-
section: 
‘‘(h) PROHIBITION
ON CERTAIN DISCRIMINATORY 
USES OF CONSUMER REPORTS AND CONSUMER INFORMA-
TION IN CONNECTION WITH INSURANCE.— 
‘‘(1) IN
GENERAL.—No consumer reporting 
agency may furnish a consumer report or consumer 
information with respect to any consumer to any 
person for use in making any decision to underwrite 
or rate any personal lines of insurance, and no per-
son shall use or obtain a consumer report or con-
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sumer information with respect to any consumer in 
connection with the underwriting or rating of any 
personal line of insurance, for which the Commission 
determines, including any finding or determination 
made in any study for which a report is submitted 
to the Congress, that any such use of the consumer 
report or the consumer information— 
‘‘(A) results in racial or ethnic discrimina-
tion; or 
‘‘(B) represents a proxy or proxy effect for 
race or ethnicity. 
‘‘(2) 
INSURANCE
INFORMATION
NOT
IN-
CLUDED.—Information derived from the following 
data bases shall not be treated as a consumer report 
or consumer information for purposes of paragraph 
(1): 
‘‘(A) Databases that contain information 
on property loss data regarding personal lines 
of insurance, such as the Comprehensive Loss 
Underwriting Exchange (CLUE) and Auto-
mobile-Property Loss Underwriting System (A– 
PLUS). 
‘‘(B) Databases that contain information 
on driver history, such as accidents or moving 
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