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Title IX — Miscellaneous

H.R. 3621 · 116th Congress · Jan 30, 2020 · Lineage

IX Miscellaneous

Sec. 901 Definitions

Section 603 of the Fair Credit Reporting Act (15 U.S.C. 1681a), as amended by section 302, is further amended by adding at the end the following:

“(dd) Definitions related to days

“(1) Calendar day; day—The term calendar day or day means a calendar day, excluding any federally recognized holiday.

“(2) Business day—The term business day means a day between and including Monday to Friday, and excluding any federally recognized holiday.”

Sec. 902 Technical correction related to risk-based pricing notices

Section 615(h)(8) of the Fair Credit Reporting Act (15 U.S.C. 1681m) is amended—
(1)
in subparagraph (A), by striking “this section” and inserting “this subsection”; and
(2)
in subparagraph (B), by striking “This section” and inserting “This subsection”.

Sec. 903 FCRA findings and purpose; voids certain contracts not in the public interest

(a)
FCRA findings and purpose— Section 602 of the Fair Credit Reporting Act (15 U.S.C. 1681(a)) is amended—
(1)
in subsection (a)—
(A)
by amending paragraph (1) to read as follows:

“(1) Many financial and non-financial decisions affecting consumers’ lives depend upon fair, complete, and accurate credit reporting. Inaccurate and incomplete credit reports directly impair the efficiency of the financial system and undermine the integrity of using credit reports in other circumstances, and unfair credit reporting and credit scoring methods undermine the public confidence which is essential to the continued functioning of the financial services system and the provision of many other consumer products and services.”

(B)
in paragraph (4), by inserting after “agencies” the following: “, furnishers, and credit scoring developers”; and
(2)
in subsection (b)—
(A)
by striking “It is the purpose of this title to require” and inserting the following:

“(1) To require”

(B)
by adding at the end the following:

“(2) To prohibit any practices and procedures with respect to credit reports and credit scores that are not in the public interest.”

(b)
Voiding of certain contracts not in the public interest— The Fair Credit Reporting Act (15 U.S.C. 1681 et seq.), as amended by section 703, is further amended—
(1)
by adding at the end the following new section:

“634. Voiding of certain contracts not in the public interest

“(a) In general—Any provision contained in a contract that requires a person to not follow a provision of this title, that is against the public interest, or that otherwise circumvents the purposes of this title shall be null and void.

“(b) Rule of construction—Nothing in subsection (a) shall be construed as affecting other provisions of a contract that are not described under subsection (a).”

(2)
in the table of contents for such Act, by inserting after the item relating to section 633 the following new item:

Sec. 904 GAO study on the use of credit in housing determinations

(a)
Study— The Comptroller General of the United States shall carry out a study of the use of consumer reports and credit scores in housing determinations to determine whether consumer reports or credit scores are being used as tools to perform the equivalent of banned red-lining.
(b)
Contents of study— In carrying out the study required under subsection (a), the Comptroller General shall—
(1)
examine both rental applications and mortgage applications; and
(2)
include a demographic breakdown by race, gender, age, sexual orientation, city/suburban/rural, socioeconomic status, and any other demographic that the Comptroller General determines appropriate.
(c)
Report— The Comptroller General shall issue a report to the Congress containing all findings and determinations made in carrying out the study required under subsection (a).

Sec. 905 GAO study on the effects of credit scores impacted by a student borrower’s defaulted or delinquent private education loan

(a)
Study— The Comptroller General of the United States shall carry out a study on how credit scores impacted by a student borrower’s defaulted or delinquent private education loan impacts applying for future loans, including information on the treatment of different demographic populations.
(b)
Report— The Comptroller General shall issue a report to the Congress containing all findings and determinations made in carrying out the study required under subsection (a).

Sec. 906 GAO study on consumer reporting agency compliance with consent orders

(a)
Study— The Comptroller General of the United States shall carry out a study of the compliance by consumer reporting agencies that compile and maintain files on consumers on a nationwide basis with consent orders, and the impact such compliance has on consumers.
(b)
Report— Not later than the end of the 180-day period beginning on the date of enactment of this Act, the Comptroller General shall issue a report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate containing all findings and determinations made in carrying out the study required under subsection (a).
(c)
Definitions— In this section, the terms “consumer” and “consumer reporting agency that compiles and maintains files on consumers on a nationwide basis” have the meaning given those terms, respectively, under section 603 of the Fair Credit Reporting Act.

Sec. 907 Protections for active duty uniformed consumer

(a)
Definitions— Section 603 of the Fair Credit Reporting Act (15 U.S.C. 1681a) is amended—
(1)
in subsection (q), by amending paragraph (1) to read as follows:

“(1) Active duty uniformed consumer—The term “active duty uniformed consumer” means a consumer who is—

“(A) in military service and on active service (as defined in section 101(d) of title 10, United States Code); or

“(B) a member of the uniformed services (as defined in section 101(a) of title 10, United States Code) who is not a member of the armed forces and is on active service.”

(2)
by inserting after subsection (dd) (as added by section 901) the following:

“(ii) Extended active duty uniformed consumer—The term “extended active duty uniformed consumer” means an active duty uniformed consumer that is deployed—

“(1) in a combat zone (as defined under section 112(c) of the Internal Revenue Code of 1986); or

“(2) aboard a United States vessel.”

(b)
Prohibition on including certain adverse information in consumer reports— Section 605 of the Fair Credit Reporting Act (15 U.S.C. 1681c) is amended—
(1)
in subsection (a), as amended by section 809, by adding at the end the following:

“(19) Any item of adverse information about a consumer, if the action or inaction that gave rise to the item occurred while the consumer was an extended active duty uniformed consumer.”

(2)
by inserting after subsection (h) (as added by section 705) the following:

“(i) Notice of status as an extended active duty uniformed consumer—With respect to an item of adverse information about a consumer, if the action or inaction that gave rise to the item occurred while the consumer was an extended active duty uniformed consumer, the consumer may provide appropriate proof, including official orders, to a consumer reporting agency that the consumer was an extended active duty uniformed consumer at the time such action or inaction occurred. The consumer reporting agency shall promptly delete that item of adverse information from the file of the consumer and notify the consumer and the furnisher of the information of the deletion.”

(c)
Communications between the consumer and consumer reporting agencies— Section 605A of the Fair Credit Reporting Act (15 U.S.C. 1681c–1) is amended—
(1)
in subsection (c), as amended by section 803, by adding at the end the following:

“(2) Negative information alert—Any time a consumer reporting agency receives an item of adverse information about a consumer, if the consumer has provided appropriate proof that the consumer is an extended active duty uniformed consumer, the consumer reporting agency shall promptly notify the consumer—

“(A) that the agency has received such item of adverse information, along with a description of the item; and

“(B) the method by which the consumer can dispute the validity of the item.

“(3) Contact information for extended active duty uniformed consumers—With respect to any consumer that has provided appropriate proof to a consumer reporting agency that the consumer is an extended active duty uniformed consumer, if the consumer provides the consumer reporting agency with separate contact information to be used when communicating with the consumer while the consumer is an extended active duty uniformed consumer, the consumer reporting agency shall use such contact information for all communications while the consumer is an extended active duty uniformed consumer.”

(2)
in subsection (e), by amending paragraph (3) to read as follows:

“(3) subparagraphs (A) and (B) of subsection (c)(1), in the case of a referral under subsection (c)(1)(C).”

(d)
Conforming amendment— The Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) is amended by striking “active duty military” each place such term appears and inserting “active duty uniformed”.
(e)
Sense of Congress— It is the sense of Congress that any person making use of a consumer report containing an item of adverse information should, if the action or inaction that gave rise to the item occurred while the consumer was an extended active duty uniformed consumer, take such fact into account when evaluating the creditworthiness of the consumer.

Sec. 908 Positive credit reporting permitted

(a)
In general— Section 623 of the Fair Credit Reporting Act (15 U.S.C. 1681s–2), as amended by section 103, is further amended by adding at the end the following new subsection:

“(g) Full-File credit reporting

“(1) In general—Subject to the requirements of paragraphs (2) through (5) and notwithstanding any other provision of law, a person that has obtained the written authorization of a consumer may furnish to a consumer reporting agency information relating to the performance of a consumer in making payments—

“(A) under a lease agreement with respect to a dwelling; or

“(B) pursuant to a contract for services provided by a utility or telecommunication firm.

“(2) Limitations

“(A) Withheld payments due to habitability or sanitary conditions—No person shall furnish or threaten to furnish negative information relating to the performance of a consumer in making payments under a lease agreement with respect to a dwelling if the consumer has withheld payment pursuant to—

“(i) any right or remedy for breach of the warranty of habitability; or

“(ii) any violation of a Federal, State, or municipal law, code, or regulation regarding sanitary conditions.

“(B) Services provided by a utility or telecommunication firm—Information about a consumer’s usage of any services provided by a utility or telecommunication firm may be furnished to a consumer reporting agency only to the extent that such information relates to—

“(i) payment by the consumer for such services; or

“(ii) other terms of the provision of such services to the consumer, including any deposit, discount, or conditions for interruption or termination of such services.

“(3) Payment plan—A utility or telecommunication firm may not report payment information to a consumer reporting agency with respect to an outstanding balance of a consumer as late if—

“(A) the utility or telecommunication firm and the consumer have entered into a payment plan (including a deferred payment agreement, an arrearage management program, or a debt forgiveness program) with respect to such outstanding balance; and

“(B) the consumer is meeting the obligations of the payment plan, as determined by the utility or telecommunication firm.

“(4) Prohibition on use by debt collectors—A debt collector (as defined in section 803(6) of the Fair Debt Collection Practices Act) may not use the information described in paragraph (1).

“(5) Relation to State law—Notwithstanding section 625, this subsection shall not preempt any law of a State with respect to furnishing to a consumer reporting agency information relating to the performance of a consumer in making payments pursuant to a lease agreement with respect to a dwelling or a contract for a utility or telecommunications service. For purposes of this paragraph, the term law of a State shall include all laws, decisions, rules, regulations, or other State action having the effect of law, as issued by a State, any political subdivisions thereof, or any agency or instrumentality of either the State or a political subdivision thereof.

“(6) Utility or telecommunication firm defined—In this subsection, the term utility or telecommunication firm—

“(A) means an entity that provides utility services to the public through pipe, wire, landline, wireless, cable, or other connected facilities, or radio, electronic, or similar transmission (including the extension of such facilities); and

“(B) includes an entity that provides natural gas or electric service to consumers.”

(b)
GAO study and report— Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the impact on consumers of furnishing information pursuant to subsection (g) of section 623 of the Fair Credit Reporting Act (15 U.S.C. 1681s–2), as added by subsection (a).

Sec. 909 Sense of Congress

It is the sense of Congress that efforts to enhance cybersecurity and implement routine security updates of databases maintained by the nationwide consumer reporting agencies that contain sensitive consumer data, including the credit history and personal information of millions of Americans, is critical to the national interest of the United States.

Sec. 910 Cybersecurity supervision and examination of large consumer reporting agencies

(a)
In general— The Fair Credit Reporting Act (15 U.S.C. 1681 et seq.), as amended by section 706, is further amended by adding at the end the following:

“638. Cybersecurity supervision and examination of large consumer reporting agencies

“(a) In general—Consumer reporting agencies described under section 603(p) shall be subject to cybersecurity supervision and examination by the Bureau.

“(b) Minimum training requirements—Consumer reporting agencies described under section 603(p) shall meet minimum training and ongoing certification requirements with respect to cybersecurity at regular intervals, as established by the Director of the Bureau.”

(b)
Clerical amendment— The table of contents of the Fair Credit Reporting Act, as amended by section 706, is further amended by adding at the end the following: