[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5633 Introduced in House (IH)]







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.

    Be it enacted by the Senate and House of Representatives 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''.

SEC. 2. USE OF CONSUMER REPORTS AND CONSUMER INFORMATION 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 consumer 
        reporting agency'' and inserting ``Subject to subsection (h), a 
        consumer reporting agency''.
    (b) Prohibition on Certain Discriminatory Uses of Consumer Reports 
and Consumer Information 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 subsection:
    ``(h) Prohibition on Certain Discriminatory Uses of Consumer 
Reports and Consumer Information 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 
        person shall use or obtain a consumer report or consumer 
        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 discrimination; 
                or
                    ``(B) represents a proxy or proxy effect for race 
                or ethnicity.
            ``(2) Insurance information not included.--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 Automobile-Property Loss 
                Underwriting System (A-PLUS).
                    ``(B) Databases that contain information on driver 
                history, such as accidents or moving violations, 
                typically maintained at State departments of motor 
                vehicles.
                    ``(C) Databases that contain information on a 
                consumer's medical history, to the extent such access 
                and use for purposes described in paragraph (1) is 
                consistent with the requirements of section 604(g).
            ``(3) Effect on state laws.--Notwithstanding section 
        625(b)(3)(C), no provision of this section shall be construed 
        as limiting or superseding the application of any State laws or 
        regulations that restrict or prohibit the use of consumer 
        reports or consumer information in the underwriting or rating 
        of any personal lines of insurance.
            ``(4) Definitions.--For purposes of this subsection, the 
        following definitions shall apply:
                    ``(A) Consumer information.--The term `consumer 
                information' means any information from the file on any 
                consumer at a consumer reporting agency, or any product 
                derived from any such information.
                    ``(B) Personal line of insurance.--The term 
                `personal line of insurance' means any personal 
                automobile or homeowners line of insurance, as defined 
                in the Uniform Property and Casualty Product Coding 
                Matrix established and maintained by the National 
                Association of Insurance Commissioners (or any 
                successor to such document).
                    ``(C) Proxy for race or ethnicity.--The term `proxy 
                for race or ethnicity' means a substitute or stand-in 
                for race or ethnicity, either by design or in effect, 
                without regard to the extent of the effect.''.
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