IB 

Union Calendar No. 429 

115TH CONGRESS 

2D SESSION H. R. 435 

[Report No. 115–568] 

To amend the Fair Credit Reporting Act to clarify Federal law with respect 

to reporting certain positive consumer credit information to consumer 

reporting agencies, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 11, 2017 

Mr. ELLISON (for himself, Mr. PITTENGER, Mrs. CAROLYN B. MALONEY of 

New York, Mr. DUFFY, Mr. AL GREEN of Texas, Mr. STIVERS, Mr. 

MEEKS, Mrs. LOVE, Mr. CAPUANO, Mr. RENACCI, Ms. MOORE, Mr. 

JONES, Mr. CONYERS, Mr. GRIJALVA, and Ms. SCHAKOWSKY) introduced 

the following bill; which was referred to the Committee on Financial Services 

FEBRUARY 16, 2018 

Additional sponsors: Mr. CRIST, Mr. COHEN, Mr. GONZALEZ of Texas, Mr. 

TIPTON, Mr. BARR, Mr. ROSS, Mr. RASKIN, Mr. MCNERNEY, Ms. NORTON, Mr. ROYCE of California, Ms. BLUNT ROCHESTER, Ms. EDDIE

BERNICE JOHNSON of Texas, Mr. CICILLINE, Mrs. WATSON COLEMAN, 

Mr. BISHOP of Georgia, and Mr. MESSER

FEBRUARY 16, 2018 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Insert the part printed in italic] 


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•HR 435 RH

A BILL 

To amend the Fair Credit Reporting Act to clarify Federal 

law with respect to reporting certain positive consumer 

credit information to consumer reporting agencies, and 

for other purposes. 


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•HR 435 RH

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 ‘‘The Credit Access and 

5 Inclusion Act of 2017’’. 

6 SEC. 2. POSITIVE CREDIT REPORTING PERMITTED. 

7 (a) IN GENERAL.—Section 623 of the Fair Credit 

8 Reporting Act (15 U.S.C. 1681s–2) is amended by adding 

9 at the end the following new subsection: 

10 ‘‘(f) FULL-FILE CREDIT REPORTING.— 

11 ‘‘(1) IN GENERAL.—Subject to the limitation in 

12 paragraph (2) and notwithstanding any other provi13 sion of law, a person or the Secretary of Housing 

14 and Urban Development may furnish to a consumer 

15 reporting agency information relating to the per16 formance of a consumer in making payments— 

17 ‘‘(A) under a lease agreement with respect 

18 to a dwelling, including such a lease in which 

19 the Department of Housing and Urban Devel20 opment provides subsidized payments for occu21 pancy in a dwelling; or 

22 ‘‘(B) pursuant to a contract for a utility or 

23 telecommunications service. 

24 ‘‘(2) LIMITATION.—Information about a con25 sumer’s usage of any utility services provided by a 


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•HR 435 RH

1 utility or telecommunication firm may be furnished 

2 to a consumer reporting agency only to the extent 

3 that such information relates to payment by the con4 sumer for the services of such utility or tele5 communication service or other terms of the provi6 sion of the services to the consumer, including any 

7 deposit, discount, or conditions for interruption or 

8 termination of the services. 

9 ‘‘(3) PAYMENT PLAN.—An energy utility firm 

10 may not report payment information to a consumer 

11 reporting agency with respect to an outstanding bal12 ance of a consumer as late if— 

13 ‘‘(A) the energy utility firm and the con14 sumer have entered into a payment plan (in15 cluding a deferred payment agreement, an ar16 rearage management program, or a debt for17 giveness program) with respect to such out18 standing balance; and 

19 ‘‘(B) the consumer is meeting the obliga20 tions of the payment plan, as determined by the 

21 energy utility firm. 

22 ‘‘(4) DEFINITIONS.—In this subsection, the fol23 lowing definitions shall apply: 

24 ‘‘(A) ENERGY UTILITY FIRM.—The term 

25 ‘energy utility firm’ means an entity that proVerDate Sep 11 2014 21:12 Feb 16, 2018 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H435.RH H435

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•HR 435 RH

1 vides gas or electric utility services to the pub2 lic. 

3 ‘‘(B) UTILITY OR TELECOMMUNICATION

4 FIRM.—The term ‘utility or telecommunication 

5 firm’ means an entity that provides utility serv6 ices to the public through pipe, wire, landline, 

7 wireless, cable, or other connected facilities, or 

8 radio, electronic, or similar transmission (in9 cluding the extension of such facilities).’’. 

10 (b) LIMITATION ON LIABILITY.—Section 623(c) of 

11 the Consumer Credit Protection Act (15 U.S.C. 1681s– 

12 2(c)) is amended— 

13 (1) in paragraph (2), by striking ‘‘or’’ at the 

14 end; 

15 (2) by redesignating paragraph (3) as para16 graph (4); and 

17 (3) by inserting after paragraph (2) the fol18 lowing new paragraph: 

19 ‘‘(3) subsection (f) of this section, including any 

20 regulations issued thereunder; or’’. 

21 (c) GAO STUDY AND REPORT.—Not later than 2 years 

22 after the date of the enactment of this Act, the Comptroller 

23 General of the United States shall submit to Congress a re24 port on the impact of furnishing information pursuant to 

25 subsection (f) of section 623 of the Fair Credit Reporting 


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•HR 435 RH

1 Act (15 U.S.C. 1681s–2) (as added by this Act) on con2 sumers. 


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Union Calendar No. 429 

115TH CONGRESS 

2D SESSION H. R. 435 

[Report No. 115–568] 

A BILL 

To amend the Fair Credit Reporting Act to clarify 

reporting agencies, and for other purposes. positive consumer credit information to consumer Federal law with respect to reporting certain 

FEBRUARY 16, 2018 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


daltland on DSKBBV9HB2PROD with BILLS