II 

118TH CONGRESS 

2D SESSION S. 4455 

To amend the Fair Credit Reporting Act to prohibit consumer reporting 

agencies from furnishing consumer reports containing adverse items of 

information about a consumer that resulted from that consumer being 

unlawfully or wrongfully detained abroad or held hostage abroad. 

IN THE SENATE OF THE UNITED STATES 

JUNE 4, 2024 

Mr. COONS (for himself and Mr. TILLIS) introduced the following bill; which 

was read twice and referred to the Committee on Banking, Housing, and 

Urban Affairs 

A BILL 

To amend the Fair Credit Reporting Act to prohibit consumer reporting agencies from furnishing consumer reports containing adverse items of information about a 

consumer that resulted from that consumer being unlawfully or wrongfully detained abroad or held hostage 

abroad. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Fair Credit for Amer5 ican Hostages Act’’. 


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1 SEC. 2. ADVERSE INFORMATION ABOUT CONSUMERS UN2 LAWFULLY OR WRONGFULLY DETAINED 

3 ABROAD OR HELD HOSTAGE ABROAD. 

4 (a) IN GENERAL.—The Fair Credit Reporting Act 

5 (15 U.S.C. 1681 et seq.) is amended by inserting after 

6 section 605C the following: 

7 ‘‘§ 605D. Adverse information about consumers un8 lawfully or wrongfully detained abroad 

9 or held hostage abroad 

10 ‘‘(a) DEFINITIONS.—In this section: 

11 ‘‘(1) COVERED CONSUMER.—The term ‘covered 

12 consumer’ means an individual who has been— 

13 ‘‘(A) a United States national unlawfully 

14 or wrongfully detained abroad, as determined 

15 under section 302(a) of the Robert Levinson 

16 Hostage Recovery and Hostage-Taking Ac17 countability Act (22 U.S.C. 1741(a)); or 

18 ‘‘(B) a United States national taken hos19 tage abroad, as determined by the Hostage Re20 covery Fusion Cell (as described in section 304 

21 of the Robert Levinson Hostage Recovery and 

22 Hostage-Taking Accountability Act (22 U.S.C. 

23 1741b). 

24 ‘‘(2) DETENTION OR HOSTAGE DOCUMENTA25 TION.—The term ‘detention or hostage documenta26 tion’ means— 


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1 ‘‘(A) documentation of a determination 

2 that a consumer is a covered consumer, includ3 ing the time period during which the consumer 

4 was a covered consumer made by a Federal en5 tity; and 

6 ‘‘(B) documentation that identifies items 

7 of adverse information that should not be fur8 nished by a consumer reporting agency because 

9 the items were about a consumer during the 

10 time period the consumer was a covered con11 sumer. 

12 ‘‘(b) ADVERSE INFORMATION.—A consumer report13 ing agency may not furnish a consumer report containing 

14 any adverse item of information about a covered consumer 

15 if the covered consumer has provided detention or hostage 

16 documentation to the consumer reporting agency. 

17 ‘‘(c) RULEMAKING.— 

18 ‘‘(1) IN GENERAL.—Not later than 180 days 

19 after the date of the enactment of this section, the 

20 Director shall issue rules to implement subsection 

21 (a). 

22 ‘‘(2) CONTENTS.—The rules issued pursuant to 

23 paragraph (1) shall establish a method by which 

24 consumers or legal representatives of consumers 


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1 shall submit detention or hostage documentation to 

2 consumer reporting agencies.’’. 

3 (b) TABLE OF CONTENTS AMENDMENT.—The table 

4 of contents of the Fair Credit Reporting Act is amended 

5 by inserting after the item relating to section 605C the 

6 following: 

‘‘605D. Adverse information about consumers unlawfully or wrongfully detained 

abroad or held hostage abroad.’’. 

7 (c) APPLICATION.—The amendments made by this 

8 section shall apply on the date that is 30 days after the 

9 date on which the Director of the Bureau of Consumer 

10 Financial Protection issues a rule pursuant to section 

11 605D(c) of the Fair Credit Reporting Act, as added by 

12 subsection (a) of this section. Any rule issued by the Di13 rector to implement such section 605D shall be limited 

14 to preventing a consumer reporting agency from fur15 nishing a consumer report containing any adverse item of 

16 information about a covered consumer (as such terms are 

17 defined, respectively, in section 603 the Fair Credit Re18 porting Act (15 U.S.C. 1681a)). 

Æ 


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