[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6062 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 6062

To amend the Fair Credit Reporting Act to prohibit the use of consumer 
reports and consumer information in making any determination involving 
 personal lines of insurance with respect to a consumer, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 15, 2008

  Ms. Waters (for herself, Mr. Gutierrez, 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 the use of consumer 
reports and consumer information in making any determination involving 
 personal lines of insurance with respect to a consumer, 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 ``Personal Lines of Insurance Fairness 
Act of 2008''.

SEC. 2. USE OF CONSUMER REPORTS AND CONSUMER INFORMATION FOR CERTAIN 
              INSURANCE PURPOSES PROHIBITED.

    (a) In General.--Section 604(a)(3)(C) of the Fair Credit Reporting 
Act (15 U.S.C. 1681b(a)(3)(C)) is amended by inserting ``, except 
personal lines of insurance'' before the semicolon.
    (b) Rule of Construction.--Section 604 of the Fair Credit Reporting 
Act (15 U.S.C. 1681(b)) is amended by adding at the end the following 
new subsection:
    ``(h) Certain Lines of Insurance Not an Authorized Business 
Purpose.--
            ``(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 consumer in connection with a 
        transaction involving personal lines of insurance.
            ``(2) Insurance information not included.--Information 
        derived from the following databases 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) Definitions.--For purposes of this subsection, the 
        following definitions shall apply:
                    ``(A) Consumer information.--The term `consumer 
                information' means any information from the file of any 
                consumer at a consumer reporting agency, or any product 
                derived from any such information such as consumer 
                credit reports or credit scores or other risk score or 
                predictor on any consumer.
                    ``(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 
                document.''.
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