Protect Children from Theft Act of 2017

“605C. Additional protections for credit reports of minor consumers

“(a) In general—A consumer reporting agency described in section 603(p) shall, upon request by a covered guardian of a minor consumer, create a blocked file for the minor consumer or convert a file of the minor consumer already in existence to a blocked file.

“(b) Requirements—The Bureau, by rule, shall establish procedures—

“(1) for a consumer reporting agency described in section 603(p) to properly identify the covered guardian and the minor consumer prior to creating, converting, or unblocking a blocked file for such minor consumer;

“(2) for such a consumer reporting agency to create a blocked file for a minor consumer or to convert a file of a minor consumer already in existence to a blocked file; and

“(3) consistent with subsection (c), for a covered guardian to unblock a file.

“(c) Unblocking a file

“(1) In general—A consumer reporting agency described in section 603(p) shall unblock a blocked file upon request by a covered guardian or on the date of the 18th birthday of the minor consumer.

“(2) Alert statement—An alert statement shall be included in a file unblocked pursuant to paragraph (1) if the minor consumer was a victim of fraud or identity theft before the date of the 18th birthday of the minor consumer as follows:

“(A) For a file unblocked upon request by a covered guardian, for a period of time beginning on the date such file is unblocked and ending on the date that is 1 year after the date of the 18th birthday of the minor consumer.

“(B) For a file unblocked on the date of the 18th birthday of the minor consumer, for a period of 1 year after such date.

“(3) Duty of reseller—With respect to information concerning a consumer whose file contains an alert statement, a reseller shall include such alert statement when furnishing such information.

“(d) Fees

“(1) In general—The Bureau shall determine if a fee may be charged, and the amount of the fee charged, by a consumer reporting agency described in section 603(p) to create, convert, or unblock a file.

“(2) Fees prohibited—A consumer reporting agency described in section 603(p) may not charge a fee to a minor consumer who was a victim of fraud or identity theft prior to the date of the minor’s 18th birthday, to create, convert, or unblock a file.

“(e) Exceptions—No provision of this section shall be construed as requiring a consumer reporting agency described in section 603(p) to prevent a Federal, State, or local law enforcement agency from accessing a blocked file.

“(f) Definitions—In this section the following definitions shall apply:

“(1) Alert statement—The term alert statement means a statement that—

“(A) notifies all prospective users of a consumer report relating to the consumer that the consumer may be a victim of fraud, including identity theft; and

“(B) is presented in a manner that facilitates a clear and conspicuous view of the statement described in subparagraph (A) by any person requesting such consumer report.

“(2) Blocked file—The term blocked file means a file of a minor consumer in which, pursuant to this section, a consumer reporting agency—

“(A) maintains a file with the name, social security number, date of birth, and, if applicable, any credit information of the minor consumer;

“(B) may not provide any person with a consumer report of the minor consumer; and

“(C) blocks the input of any information into the file, except with permission from a covered guardian of the minor consumer.

“(3) Covered guardian—The term covered guardian means—

“(A) the legal guardian of a minor child;

“(B) the custodian of a minor child; or

“(C) in the case of a child in foster care, the State agency or Indian tribe or tribal organization responsible for the child’s foster care.

“(4) Minor consumer—The term minor consumer means a consumer who has not attained 18 years of age.”