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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1015 Engrossed in House (EH)]

103d CONGRESS
  2d Session
                                H. R. 1015

_______________________________________________________________________

                                 AN ACT

 
 To amend the Fair Credit Reporting Act to assure the completeness and 
    accuracy of consumer information maintained by credit reporting 
agencies, to better inform consumers of their rights under the Act, and 
            to improve enforcement, and for other purposes.

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

            TITLE I--AMENDMENTS TO FAIR CREDIT REPORTING ACT

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Consumer Reporting Reform Act of 
1994''.

SEC. 102. DEFINITIONS.

    (a) Adverse Action.--Section 603 of the Fair Credit Reporting Act 
(15 U.S.C. 1681a) is amended by adding at the end the following new 
subsection:
    ``(k) The term `adverse action'--
            ``(1) has the meaning given to such term in section 
        701(d)(6) of the Equal Credit Opportunity Act; and
            ``(2) includes--
                    ``(A) any denial of, increase in any charge for, or 
                reduction in the amount of, insurance for personal, 
                family, or household purposes made in connection with 
                the underwriting of insurance;
                    ``(B) any denial of employment or any other 
                decision for employment purposes which adversely 
                affects any current or prospective employee; and
                    ``(C) any action taken or determination made--
                            ``(i) in connection with an application 
                        which was made by, or a transaction which was 
                        initiated by, any consumer; and
                            ``(ii) which is adverse to the interest of 
                        the consumer.''.
    (b) Firm Offer of Credit.--Section 603 of the Fair Credit Reporting 
Act (15 U.S.C. 1681a) is further amended by adding after subsection (k) 
(as added by subsection (a) of this section) the following:
    ``(l) The term `firm offer of credit'--
            ``(1) means any offer of credit to a consumer that, except 
        as provided in paragraph (2), will be honored if the consumer 
        is determined, based on information in a consumer report on the 
        consumer, to meet the specific criteria used to select the 
        consumer for the offer; and
            ``(2) includes an offer of credit described in paragraph 
        (1) for which extension of credit may be conditioned solely on 
        any combination of the following:
                    ``(A) The consumer being determined, based on 
                information in the consumer's application for the 
                credit, to meet specific criteria bearing on 
                creditworthiness that are established--
                            ``(i) before selection of the consumer for 
                        the offer; and
                            ``(ii) for the purpose of determining 
                        whether to extend credit pursuant to the offer.
                    ``(B) Verification--
                            ``(i) that the consumer continues to meet 
                        the specific criteria used to select the 
                        consumer for the offer, by using information in 
                        a consumer report on the consumer, information 
                        in the consumer's application for the credit, 
                        or other information bearing on the 
                        creditworthiness of the consumer; or
                            ``(ii) of the information in the consumer's 
                        application for the credit, to determine that 
                        the consumer meets the specific criteria 
                        bearing on creditworthiness.
                    ``(C) The consumer furnishing any collateral that 
                is a requirement for the extension of the credit that 
                was--
                            ``(i) established before selection of the 
                        consumer for the offer of credit; and
                            ``(ii) described to the consumer in the 
                        offer of credit.''.
    (c) Credit Transaction Which Is Not Initiated by the Consumer.--
Section 603 of the Fair Credit Reporting Act (15 U.S.C. 1681a) is 
further amended by adding after subsection (l) (as added by subsection 
(b) of this section) the following:
    ``(m) The term `credit transaction which is not initiated by the 
consumer' does not include the use of a consumer report by a person 
with which the consumer has an account, for purposes of--
            ``(1) reviewing the account; or
            ``(2) collecting the account.''.
    (d) State.--Section 603 of the Fair Credit Reporting Act (15 U.S.C. 
1681a) is further amended by adding after subsection (m) (as added by 
subsection (c) of this section) the following:
    ``(n) The term `State' means any State, the Commonwealth of Puerto 
Rico, the District of Columbia, and any territory or possession of the 
United States.''.
    (e) Exclusions From Definition of Consumer Report.--Section 603(d) 
of the Fair Credit Reporting Act (15 U.S.C. 1681a(d)) is amended in the 
second sentence in clause (A)--
            (1) by inserting ``(i)'' after ``(A)'';
            (2) by inserting before the semicolon at the end the 
        following: ``, (ii) any communication of that information among 
        persons related by common ownership or affiliated by corporate 
        control, or (iii) any communication of information from a 
        credit application by a consumer among persons related by 
        common ownership or affiliated by corporate control if it is 
        clearly and conspicuously disclosed (I) with the application 
        that the information may be communicated among such persons and 
        the consumer consents, or (II) with respect to existing 
        customers, at any time prior to the time that the information 
        is initially communicated, that such information may be 
        communicated among such persons and the consumer is given the 
        opportunity, prior to the time that the information is 
        initially communicated, to direct in writing that such 
        information not be communicated among such persons'';
            (3) in clause (B) by striking ``or'' after the semicolon at 
        the end;
            (4) in clause (C) by striking the period and inserting a 
        semicolon; and
            (5) by adding at the end the following: ``or (D) any 
        communication of information about a consumer between persons 
        who are affiliated by common ownership or common corporate 
        control and in connection with a credit transaction which is 
        not initiated by the consumer, if either of those persons has 
        complied with section 615(d)(4)(B) with respect to a consumer 
        report from which the information is taken and the consumer has 
        consented to use of the report for the transaction, or with 
        respect to existing customers, the consumer has not directed in 
        writing that the report may not be used for the transaction, in 
        accordance with section 615(d)(4)(C).''.
    (f) Exclusion of Certain Communications by Employment Agencies From 
Definition of Consumer Report.--Section 603 of the Fair Credit 
Reporting Act (15 U.S.C. 1681(a)) is further amended--
            (1) in subsection (d), as amended by subsection (e) of this 
        section, by adding at the end the following: ``The term also 
        does not include a communication described in subsection 
        (o).''; and
            (2) by adding at the end the following:
    ``(o) Communications by Employment Agencies Excluded From 
Definition of Consumer Report.--A communication is described in this 
subsection if it is a communication--
            ``(1) that, but for the 3rd sentence of subsection (d), 
        would be an investigative consumer report;
            ``(2) that is made to a prospective employer for the 
        purpose of--
                    ``(A) procuring an employee for the employer, or
                    ``(B) procuring an opportunity for a natural person 
                to work for the employer;
            ``(3) that is made by a person that regularly performs such 
        procurement;
            ``(4) that is not used by any person for any purpose other 
        than a purpose described in paragraph (2) (A) or (B);
            ``(5) with respect to which--
                    ``(A) the consumer who is the subject of the 
                communication--
                            ``(i) consents orally or in writing to the 
                        nature and scope of the communication, before 
                        the collection of any information for the 
                        purpose of making the communication;
                            ``(ii) consents orally or in writing to the 
                        making of the communication to a prospective 
                        employer, before the making of the 
                        communication; and
                            ``(iii) in the case of consent under clause 
                        (i) or (ii) given orally, is provided written 
                        confirmation of that consent by the person 
                        making the communication, within 3 business 
                        days after the receipt of the consent by that 
                        person;
                    ``(B) the person that makes the communication does 
                not, for the purpose of making the communication, make 
                any inquiry that if made by a prospective employer of 
                the consumer who is the subject of the communication 
                would violate any applicable Federal or State equal 
                employment opportunity law or regulation; and
                    ``(C) the person that makes the communication--
                            ``(i) discloses in writing to the consumer 
                        who is the subject of the communication, within 
                        5 business days after receiving any request 
                        from the consumer for such disclosure, the 
                        nature and substance of all information in the 
                        consumer's file at the time of the request, 
                        except that the sources of information that is 
                        acquired solely for use in making the 
                        communication and actually used for no other 
                        purpose need not be disclosed other than under 
                        appropriate discovery procedures in the court 
                        in which an action is brought; and
                            ``(ii) notifies the consumer that is the 
                        subject of the communication, in writing, of 
                        the consumer's right to request the information 
                        described in clause (i).''.
    (g) Clerical Amendment.--Section 603(d) of the Fair Credit 
Reporting Act (15 U.S.C. 1681a(d)) is amended in the first sentence--
            (1) by inserting ``(1)'' after ``in whole or in part for''; 
        and
            (2) by striking ``(1)'' before ``credit or insurance''.

SEC. 103. FURNISHING CONSUMER REPORTS; USE FOR EMPLOYMENT PURPOSES.

    (a) Furnishing Consumer Reports for Business Transactions.--Section 
604 of the Fair Credit Reporting Act (15 U.S.C. 1681b) is amended--
            (1) by inserting ``(a) In General.--'' before ``A consumer 
        reporting agency''; and
            (2) in subsection (a)(3) (as designated by paragraph (1) of 
        this subsection) by amending subparagraph (E) to read as 
        follows:
            ``(E) otherwise has a legitimate business need for the 
        information in connection with a business transaction that is 
        initiated by the consumer.''.
    (b) Furnishing and Using Consumer Reports for Employment 
Purposes.--Section 604 of the Fair Credit Reporting Act (15 U.S.C. 
1681b) is further amended by adding at the end the following new 
subsection:
    ``(b) Conditions for Furnishing and Using Consumer Reports for 
Employment Purposes.--
            ``(1) Certification from user.--A consumer reporting agency 
        may furnish a consumer report for employment purposes only if--
                    ``(A) the person who obtains such report from the 
                agency certifies to the agency that--
                            ``(i) the person has complied with 
                        paragraph (2) with respect to the consumer 
                        report, and the person will comply with 
                        paragraph (3) with respect to the consumer 
                        report if paragraph (3) becomes applicable; and
                            ``(ii) information from the consumer report 
                        will not be used in violation of any applicable 
                        Federal or State equal employment opportunity 
                        law or regulation; and
                    ``(B) the consumer reporting agency provides with 
                the report a summary of the consumer's rights under 
                this title, as prescribed by the Federal Trade 
                Commission under section 609(c)(3).
            ``(2) Disclosure to consumer.--A person may not procure a 
        consumer report, or cause a consumer report to be procured, for 
        employment purposes with respect to any consumer unless--
                    ``(A) a clear and conspicuous disclosure has been 
                made in writing to the consumer at any time before the 
                report is procured or caused to be procured, in a 
                document that consists solely of the disclosure, that a 
                consumer report may be obtained for employment 
                purposes; and
                    ``(B) the consumer has authorized in writing the 
                procurement of the report by that person.
            ``(3) Conditions on use for adverse actions.--In using a 
        consumer report for employment purposes, before taking any 
        adverse action based in whole or in part on the report a person 
        shall provide to the consumer to whom the report relates--
                    ``(A) a copy of the report;
                    ``(B) a description in writing of the consumer's 
                rights under this title, as prescribed by the Federal 
                Trade Commission under section 609(c)(3); and
                    ``(C) a reasonable period (not required to exceed 5 
                business days following receipt of the report by the 
                consumer) to respond to any information in the report 
                that is disputed by the consumer, and notice in writing 
                of the opportunity for the consumer to respond in that 
                period.
            ``(4) Limitation on purposes.--Subject to paragraph (1), a 
        consumer reporting agency may furnish a consumer report, and a 
        person may use a consumer report, for employment purposes only 
        under the following circumstances:
                    ``(A) The employment requires or is expected to 
                require a security clearance issued by an agency of the 
                United States as a condition for employment.
                    ``(B) The employment requires or is expected to 
                require an employee to be covered by a fidelity bond.
                    ``(C) The employment requires or is expected to 
                require an employee, on a regular basis and as part of 
                the normal duties of employment--
                            ``(i) to handle or otherwise have access to 
                        substantial amounts of cash or other things of 
                        value of the employer: or
                            ``(ii) to engage in any conduct or activity 
                        with respect to which the employee has a 
                        fiduciary duty.''.

SEC. 104. AMENDMENTS RELATING TO USE OF CONSUMER REPORTS FOR 
              PRESCREENING; PROHIBITION ON UNAUTHORIZED OR UNCERTIFIED 
              USE OF INFORMATION.

    (a) In General.--Section 604 of the Fair Credit Reporting Act (15 
U.S.C. 1681b), as amended by section 103, is further amended--
            (1) in subsection (a) by striking ``A consumer reporting 
        agency'' and inserting ``Subject to subsection (c), any 
        consumer reporting agency''; and
            (2) by adding after subsection (b) (as added by section 
        103(b)) the following new subsections:
    ``(c) Furnishing Reports in Connection With Credit Transactions Not 
Initiated by the Consumer.--
            ``(1) In general.--A consumer reporting agency may furnish 
        a consumer report relating to any consumer pursuant to 
        subsection (a)(3)(A) in connection with any credit transaction 
        which is not initiated by the consumer only if--
                    ``(A) the consumer authorizes the agency to provide 
                such report to such person; or
                    ``(B)(i) the transaction consists of a firm offer 
                of credit;
                    ``(ii) the consumer reporting agency has complied 
                with subsection (d); and
                    ``(iii) the consumer has not elected in accordance 
                with subsection (d)(1) to have the consumer's name and 
                address excluded from lists of names provided by the 
                agency pursuant to this paragraph.
            ``(2) Limits on information received under paragraph 
        (1)(B).--A person may receive pursuant to paragraph (1)(B) 
        only--
                    ``(A) the name and address of a consumer;
                    ``(B) an identifier that is not unique to the 
                consumer and is used by the person solely for the 
                purpose of verifying the identity of the consumer; and
                    ``(C) information pertaining to a consumer that is 
                not identified or identifiable with the consumer.
            ``(3) Information regarding inquiries.--Except as provided 
        in section 609(a)(5), a consumer reporting agency shall not 
        furnish to any person a record of inquiries in connection with 
        credit transactions which are not initiated by a consumer.
    ``(d) Election of Consumer To Be Excluded From Lists.--
            ``(1) In general.--A consumer may elect to have his or her 
        name and address excluded from any list provided by a consumer 
        reporting agency in connection with a credit transaction which 
        is not initiated by the consumer, by--
                    ``(A) notifying the agency, through the 
                notification system maintained by the agency under 
                paragraph (3), that the consumer does not consent to 
                any use of consumer reports relating to the consumer in 
                connection with any credit transaction which is not 
                initiated by the consumer; and
                    ``(B) returning to the agency a signed written 
                notice of the election, if provided by the agency in 
                accordance with paragraph (2).
            ``(2) Provision of written notice to consumer.--A consumer 
        reporting agency shall provide to a consumer a written notice 
        for purposes of paragraph (1)(B), by not later than 5 business 
        days after being notified of the election of the consumer in 
        accordance with paragraph (1)(A).
            ``(3) Notification system.--Each consumer reporting agency 
        which furnishes a consumer report in connection with any credit 
        transaction which is not initiated by a consumer, shall--
                    ``(A) establish and maintain a notification system, 
                including a toll-free telephone number, which permits 
                any consumer whose consumer report is maintained by the 
                agency to notify the agency, with appropriate 
                identification, of the consumer's election to have the 
                consumer's name and address excluded from any list of 
                names and addresses provided by the agency for such a 
                transaction; and
                    ``(B) publish by not later than 12 months after the 
                date of the enactment of the Consumer Reporting Reform 
                Act of 1994, and at least annually thereafter, in a 
                publication of general circulation in the area served 
                by the agency--
                            ``(i) a notification that information in 
                        consumer files maintained by the agency may be 
                        used in connection with such transactions; and
                            ``(ii) the address and toll-free telephone 
                        number for consumers to use to notify the 
                        agency of the consumer's election under 
                        subparagraph (A).
        Establishment and maintenance of a notification system 
        (including a toll-free telephone number) and publication by a 
        consumer reporting agency on its own behalf and on behalf of 
        any of its affiliates in accordance with this paragraph is 
        deemed to be compliance with this paragraph by each of those 
        affiliates.
            ``(4) Agencies which operate nationwide.--Each consumer 
        reporting agency which compiles and maintains files on 
        consumers on a nationwide basis shall establish and maintain a 
        notification system for purposes of paragraph (3) jointly with 
        other such consumer reporting agencies.
            ``(5) Effectiveness of election.--An election of a consumer 
        under paragraph (1)--
                    ``(A) shall be effective with respect to a consumer 
                reporting agency beginning on the later of--
                            ``(i) the date on which the consumer 
                        notifies the agency in accordance with 
                        paragraph (1)(A); or
                            ``(ii) the date on which the consumer 
                        returns to the agency a signed written 
                        notification of the election in accordance with 
                        paragraph (1)(B), if provided by the agency;
                    ``(B) shall not be effective after the date on 
                which the consumer notifies the agency (through the 
                system established by the agency under paragraph (3)) 
                that the election is no longer effective; and
                    ``(C) shall be effective with respect to each 
                affiliate of the agency.''.
    (b) Furnishing Consumer Reports for Certain Direct Marketing 
Transactions Prohibited.--Section 604 of the Fair Credit Reporting Act 
(15 U.S.C. 1681b) is further amended by adding after subsection (d) (as 
added by subsection (a) of this section) the following new subsection:
    ``(e) Furnishing Consumer Reports for Certain Direct Marketing 
Transactions Prohibited.--Except as provided in subsection (a)(2) and 
subsection (c), a consumer reporting agency may not furnish a consumer 
report for use for a direct marketing transaction which is not 
initiated by the consumer to whom the report relates.''.
    (c) Use of Information Obtained From Reports.--Section 604 of the 
Fair Credit Reporting Act (15 U.S.C. 1681b) is further amended by 
adding after subsection (e) (as added by subsection (b) of this 
section) the following new subsection:
    ``(f) Certain Use or Obtaining of Information Prohibited.--A person 
shall not use or obtain information from a consumer report for any 
purpose unless--
            ``(1) it is obtained for a purpose for which the consumer 
        report is authorized to be furnished under subsection (a); and
            ``(2) the purpose is certified in accordance with section 
        607 by a prospective user of the report.''.
    (d) First Notifications by Consumers.--A consumer may notify a 
consumer reporting agency through a notification system established and 
maintained by the agency under section 604(d) of the Fair Credit 
Reporting Act, as amended by subsection (a), on or after the date which 
is 455 days after the date of the enactment of this Act.

SEC. 105. CONSUMER CONSENT REQUIRED TO FURNISH CONSUMER REPORT 
              CONTAINING MEDICAL INFORMATION.

    Section 604 of the Fair Credit Reporting Act (15 U.S.C. 1681b), as 
amended by sections 103 and 104, is further amended by adding at the 
end the following:
    ``(g) Furnishing Reports Containing Medical Information.--A 
consumer reporting agency shall not furnish for employment purposes, or 
in connection with a credit transaction, a consumer report which 
contains medical information about a consumer, unless the consumer 
consents to the furnishing of the report.''.

SEC. 106. AMENDMENTS RELATING TO OBSOLETE INFORMATION AND INFORMATION 
              CONTAINED IN CONSUMER REPORTS.

    (a) Repeal Large-Dollar Exceptions.--Section 605 of the Fair Credit 
Reporting Act (15 U.S.C. 1681c) is amended--
            (1) in subsection (a) by striking ``(a) Except as 
        authorized under subsection (b), no'' and inserting ``(a) 
        Information Excluded From Consumer Reports.--No''; and
            (2) by striking subsection (b).
    (b) Clarification of Reporting Period.--Section 605 of the Fair 
Credit Reporting Act (15 U.S.C. 1681c), as amended by subsection (a), 
is further amended by adding at the end the following new subsection:
    ``(b) Running of Reporting Period.--(1) The 7-year period referred 
to in paragraphs (4) and (6) of subsection (a) shall begin, with 
respect to any delinquent account which is placed for collection 
(internally or by referral to a 3d party, whichever is earlier), 
charged to profit and loss, or subjected to any similar action, upon 
the expiration of the 180-day period beginning on the date of the 
commencement of the delinquency which immediately preceded the 
collection activity, charge to profit and loss, or similar action.
    ``(2) Paragraph (1) applies only to items of information added to a 
consumer report on or after the date that is 455 days after the date of 
the enactment of the Consumer Reporting Reform Act of 1994.''.
    (c) Additional Information on Bankruptcy Filings Required.--Section 
605 of the Fair Credit Reporting Act (15 U.S.C. 1681c) is further 
amended by adding after subsection (b) (as added by subsection (b) of 
this section) the following new subsection:
    ``(c) Information Required To Be Disclosed.--Any consumer reporting 
agency which furnishes a consumer report which contains information 
regarding any case involving the consumer which arises under title 11, 
United States Code, shall include in the report an identification of 
the chapter of such title 11 under which such case arises if provided 
by the source of the information. If any case arising or filed under 
title 11, United States Code, is withdrawn by the consumer prior to a 
final judgment, the consumer reporting agency shall include in the 
report that such case or filing was withdrawn upon receipt of 
documentation certifying such withdrawal.''.
    (d) Indication of Closure of Account; Indication of Dispute by 
Consumer.--Section 605 of the Fair Credit Reporting Act (15 U.S.C. 
1681c) is further amended by adding after subsection (c) (as added by 
subsection (c) of this section) the following new subsections:
    ``(d) Indication of Closure of Account by Consumer.--If a consumer 
reporting agency is notified pursuant to section 623(a)(4) that a 
credit account of a consumer was voluntarily closed by the consumer, 
the agency shall indicate that fact in any consumer report that 
includes information related to the account.
    ``(e) Indication of Dispute by Consumer.--If a consumer reporting 
agency is notified pursuant to section 623(a)(3) that information 
regarding a consumer that was furnished to the agency is disputed by 
the consumer, the agency shall indicate that fact in each consumer 
report that includes the disputed information.''.
    (e)  Prohibition on Maintaining or Furnishing Certain Account 
Information.--
            (1) In general.--Section 605 of the Fair Credit Reporting 
        Act (15 U.S.C. 1681c) is further amended by adding at the end 
        the following new subsection:
    ``(f) Certain Account Information.--
            ``(1) Exclusion from consumer report.--A consumer reporting 
        agency shall not maintain in the file of a consumer, or furnish 
        a consumer report on a consumer which contains, any information 
        regarding a failure of the consumer to make any payment on an 
        account of the consumer that became due in a period during 
        which the consumer was receiving assistance pursuant to a 
        declaration of an emergency by the President under The Robert 
        T. Stafford Disaster Relief and Emergency Assistance Act, or 
        unemployment compensation under the laws of any State (or but 
        for the exhaustion of benefits would be entitled to receive 
        such compensation), if--
                    ``(A) the consumer requests in writing that the 
                consumer reporting agency exclude the information from 
                either the file or such reports;
                    ``(B) the consumer provides to the agency 
                appropriate documentation which demonstrates that the 
                consumer was receiving such assistance or was receiving 
                (or would so be entitled to receive) such compensation 
                during that period; and
                    ``(C) the account is maintained in a current status 
                during the 1-year period ending on the date of the 
                submittal of the request.
            ``(2) Appropriate documentation.--The Federal Trade 
        Commission shall prescribe what constitutes appropriate 
        documentation for purposes of paragraph (1).''.
    (g) Clerical Amendments.--
            (1) The heading for section 605 of the Fair Credit 
        Reporting Act (15 U.S.C. 1681c) is amended by striking 
        ``Obsolete information'' and inserting ``Requirements relating 
        to information contained in consumer reports''.
            (2) The table of sections at the beginning of the Fair 
        Credit Reporting Act (15 U.S.C. 1681a et seq.) is amended by 
        striking the item relating to section 605 and inserting the 
        following:

``605. Requirements relating to information contained in consumer 
                            reports.''.

SEC. 107. AMENDMENTS RELATING TO COMPLIANCE PROCEDURES.

    (a) Disclosure of Consumer Reports by Users.--Section 607 of the 
Fair Credit Reporting Act (15 U.S.C. 1681e) is amended by adding at the 
end the following new subsection:
    ``(c) Disclosure of Consumer Reports by Users Allowed.--A consumer 
reporting agency may not prohibit a user of a consumer report furnished 
by the agency on a consumer from disclosing the contents of the report 
to the consumer, if adverse action against the consumer has been taken, 
or is contemplated, by the user based in whole or in part on the 
report.''.
    (b) Notice to Users and Providers of Information To Ensure 
Compliance.--Section 607 of the Fair Credit Reporting Act (15 U.S.C. 
1681e) is further amended by adding after subsection (c) (as added by 
subsection (a) of this section) the following new subsection:
    ``(d) Notice to Users and Furnishers of Information.--
            ``(1) Notice requirement.--A consumer reporting agency 
        shall provide to any person--
                    ``(A) who regularly and in the ordinary course of 
                business furnishes information to the agency with 
                respect to any consumer; or
                    ``(B) to whom a consumer report is provided by the 
                agency;
        a notice of such person's responsibilities under this title.
            ``(2) Content of notice.--The Federal Trade Commission 
        shall prescribe the content of notices under paragraph (1).''.
    (c) Record of Identity of Users and Purposes Certified by Users of 
Reports.--Section 607 of the Fair Credit Reporting Act (15 U.S.C. 
1681e) is further amended by adding after subsection (d) (as added by 
subsection (b) of this section) the following new subsection:
    ``(e) Procurement of Consumer Report for Resale.--
            ``(1) Disclosure.--A person may not procure a consumer 
        report for purposes of reselling the report (or any information 
        in the report) unless the person discloses to the consumer 
        reporting agency which originally furnishes the report--
                    ``(A) the identity of the ultimate end-user of the 
                report (or information), and
                    ``(B) each permissible purpose under section 604 
                for which the report is furnished to the ultimate end-
                user of the report (or information).
            ``(2) Responsibilities of procurers for resale.--A person 
        which procures a consumer report for purposes of reselling the 
        report (or any information in the report) shall--
                    ``(A) establish and comply with reasonable 
                procedures designed to ensure that the report (or 
                information) is resold by the person only for a purpose 
                for which the report may be furnished under section 
                604, including by requiring that each person to which 
                the report (or information) is resold--
                            ``(i) identifies each prospective user of 
                        the resold report (or information);
                            ``(ii) certifies each purpose for which the 
                        report (or information) will be used; and
                            ``(iii) certifies that the report (or 
                        information) will be used for no other purpose; 
                        and
                    ``(B) before reselling the report, make reasonable 
                efforts to verify the identifications and 
                certifications made under subparagraph (A).''.

SEC. 108. AMENDMENTS RELATING TO CONSUMER DISCLOSURES.

    (a) All Information in Consumer's File Required To Be Disclosed.--
Section 609(a)(1) of the Fair Credit Reporting Act (15 U.S.C. 
1681g(a)(1)) is amended to read as follows:
            ``(1) All information in the consumer's file at the time of 
        the request.''.
    (b) More Information Concerning Recipients of Reports Required.--
Section 609(a)(3) of the Fair Credit Reporting Act (15 U.S.C. 1681g(a)) 
is amended to read as follows:
            ``(3)(A) Identification of each person (including each 
        ultimate end-user identified under section 607(e)(1)) who 
        procured a consumer report--
                    ``(i) for employment purposes within the 2-year 
                period preceding the request; or
                    ``(ii) for any other purpose within the 1-year 
                period preceding the request.
            ``(B) An identification of a person under subparagraph (A) 
        shall include--
                    ``(i) the name of the person or, if applicable, the 
                trade name (written in full) under which such person 
                conducts business; and
                    ``(ii) upon request of the consumer, the address 
                and telephone number of the person.''.
    (c) Disclosure of Permissible Purposes.--Section 609(a) of the Fair 
Credit Reporting Act (15 U.S.C. 1681g(a)) is further amended by adding 
at the end the following:
            ``(4) The permissible purpose for which each person 
        identified under paragraph (3) procured a consumer report.''.
    (d) Information Regarding Inquiries.--Section 609(a) of the Fair 
Credit Reporting Act (15 U.S.C. 1681g(a)) is amended by adding after 
paragraph (4) (as added by subsection (c) of this section) the 
following:
            ``(5) A record of all inquiries received by the agency in 
        the 1-year period preceding the request that identified the 
        consumer in connection with a credit transaction which was not 
        initiated by the consumer.''.
    (e) Disclosing the Facts Regarding Checks Upon Which Adverse 
Characterization Is Based.--Section 609(a) of the Fair Credit Reporting 
Act (15 U.S.C. 1681g(a)) is amended by adding after paragraph (5) (as 
added by subsection (d) of this section) the following:
            ``(6) The dates, original payees, and amounts of any checks 
        upon which is based any adverse characterization of the 
        consumer included in the file at the time of the disclosure.''.
    (f) Summary of Rights Required To Be Included With Disclosure.--
            (1) In general.--Section 609 of the Fair Credit Reporting 
        Act (15 U.S.C. 1681g) is amended by adding at the end the 
        following new subsection:
    ``(c) Summary of Rights Required To Be Included With Disclosure.--
            ``(1) Summary of rights.--A consumer reporting agency shall 
        provide to a consumer, with each written disclosure by the 
        agency to the consumer under this section--
                    ``(A) a written summary of all rights the consumer 
                has under this title; and
                    ``(B) in the case of a consumer reporting agency 
                that compiles and maintains files on consumers on a 
                nationwide basis, the toll-free telephone number 
                established by the agency pursuant to section 607(f).
            ``(2) Specific items required to be included.--The summary 
        of rights required under paragraph (1) shall include--
                    ``(A) a brief description of this title and all 
                rights of consumers under this title;
                    ``(B) an explanation of how the consumer may 
                exercise the rights of the consumer under this title;
                    ``(C) a list of all Federal agencies responsible 
                for enforcing any provision of this title and the 
                address and any appropriate phone number of each such 
                agency, in a form that will assist the consumer in 
                selecting the appropriate agency; and
                    ``(D) a statement that a consumer reporting agency 
                is not required to remove accurate derogatory 
                information from a consumer's file, unless the 
                information is outdated under section 605 or cannot be 
                verified.
            ``(3) Form of summary of rights.--For purposes of this 
        subsection and any disclosure by a consumer reporting agency 
        required under this title with respect to consumers' rights, 
        the Federal Trade Commission (after consultation with each 
        Federal agency referred to in section 621(b)) shall prescribe 
        the form and content of any disclosure of the rights of 
        consumers required under this title.''.
            (2) Technical amendment.--Section 606(a)(1)(B) of the Fair 
        Credit Reporting Act (15 U.S.C. 1681d(a)(1)(B)) is amended by 
        inserting ``and the written summary of the rights of the 
        consumer prepared pursuant to section 609(c)'' before the 
        semicolon.
    (g) Form of Disclosures.--
            (1) In general.--Subsections (a) and (b) of section 610 of 
        the Fair Credit Reporting Act (15 U.S.C. 1681h) are amended to 
        read as follows:
    ``(a) In General.--
            ``(1) Proper identification.--A consumer reporting agency 
        shall require, as a condition of making the disclosures 
        required under section 609, that the consumer furnish proper 
        identification.
            ``(2) Disclosure in writing.--Except as provided in 
        subsection (b), the disclosures required to be made under 
        section 609 shall be provided under that section in writing.
    ``(b) Other Forms of Disclosure.--
            ``(1) In general.--If authorized by a consumer, a consumer 
        reporting agency may make the disclosures required under 609--
                    ``(A) other than in writing; and
                    ``(B) in such form as may be--
                            ``(i) specified by the consumer in 
                        accordance with paragraph (2); and
                            ``(ii) available from the agency.
            ``(2) Form.--A consumer may specify pursuant to paragraph 
        (1) that disclosures under section 609 shall be made--
                    ``(A) in person, upon the appearance of the 
                consumer at the place of business of the consumer 
                reporting agency where disclosures are regularly 
                provided, during normal business hours, and on 
                reasonable notice;
                    ``(B) by telephone, if the consumer has made a 
                written request for disclosure by telephone;
                    ``(C) by electronic means, if available from the 
                agency; or
                    ``(D) by any other reasonable means that is 
                available from the agency.''.
            (2) Simplified disclosure.--Section 610 of the Fair Credit 
        Reporting Act (15 U.S.C. 1681h) is amended by adding at the end 
        the following:
    ``(f) Simplified Disclosure.--The Federal Trade Commission shall 
prescribe the form in which a consumer reporting agency shall make the 
disclosures required under section 609(a), for the purpose of 
maximizing the comprehensibility and standardization of such 
disclosures.''.
            (3) Conforming amendments.--
                    (A) Section 609(a) of the Fair Credit Reporting Act 
                (15 U.S.C. 1681h(a)) is amended in the matter preceding 
                paragraph (1) by striking ``and proper identification 
                of any consumer'' and inserting ``and subject to 
                section 610(a)(1)''.
                    (B) Section 610 of the Fair Credit Reporting Act 
                (15 U.S.C. 1681h) is amended in the heading for the 
                section by inserting ``and form'' after ``Conditions''.
                    (C) The table of sections at the beginning of the 
                Fair Credit Reporting Act (15 U.S.C. 1681a et seq.) is 
                amended in the item relating to section 610 by 
                inserting ``and form'' after ``Conditions''.

SEC. 109. AMENDMENTS RELATING TO PROCEDURES IN CASE OF THE DISPUTED 
              ACCURACY OF ANY INFORMATION IN A CONSUMER'S FILE.

    (a) In General.--Section 611(a) of the Fair Credit Reporting Act 
(15 U.S.C. 1681i(a)) is amended to read as follows:
    ``(a) Reinvestigations of Disputed Information.--
            ``(1) Reinvestigation required.--
                    ``(A) In general.--If the completeness or accuracy 
                of any item of information contained in any consumer's 
                file at any consumer reporting agency is disputed by 
                the consumer and the consumer notifies the agency 
                directly of such dispute, the agency shall 
                reinvestigate free of charge and record the current 
                status of the disputed information, or delete the item 
                from the file in accordance with paragraph (5), before 
                the end of the 30-day period beginning on the date the 
                agency receives the notice of the dispute from the 
                consumer.
                    ``(B) Extension of period to reinvestigate.--Except 
                as provided in subparagraph (C), the 30-day period 
                described in subparagraph (A) may be extended if--
                            ``(i) the consumer reporting agency 
                        receives information from the consumer within 
                        that 30-day period that is relevant to the 
                        reinvestigation; and
                            ``(ii) the consumer reporting agency has 
                        provided clear and conspicuous notice to the 
                        consumer, in a disclosure under section 609(c), 
                        of the circumstances that may cause such an 
                        extension.
                The period, as extended, shall end not later than 15 
                days after the last date the agency receives such 
                information.
                    ``(C) Limitations on extension of period to 
                reinvestigate.--Subparagraph (B) shall not apply to any 
                reinvestigation in which, in the 30-day period 
                described in subparagraph (A), the information that is 
                the subject of the reinvestigation is found to be 
                inaccurate or incomplete or cannot be verified.
            ``(2) Prompt notice of dispute to furnisher of 
        information.--
                    ``(A) In general.--Before the end of the 5-day 
                period beginning on the date a consumer reporting 
                agency receives notice of a dispute from any consumer 
                in accordance with paragraph (1), the agency shall 
                provide notification of the dispute to any person that 
                provided any item of information in dispute, at the 
                address and in the manner established with the person. 
                The notice shall include disclosure of the date on 
                which the consumer reporting agency received notice of 
                the dispute from the consumer and all relevant 
                information regarding the dispute that the agency has 
                received from the consumer.
                    ``(B) Provision of other information from 
                consumer.--The consumer reporting agency shall promptly 
                provide to the person that provided the information in 
                dispute all relevant information regarding the dispute 
                that is received by the agency from the consumer after 
                the period referred to in subparagraph (A) and before 
                the end of the period referred to in paragraph (1)(A).
            ``(3) Determination that dispute is frivolous or 
        irrelevant.--
                    ``(A) In general.--Notwithstanding paragraph (1), a 
                consumer reporting agency may terminate a 
                reinvestigation of information disputed by a consumer 
                under that paragraph if the agency reasonably 
                determines that the dispute by the consumer is 
                frivolous or irrelevant, including by reason of a 
                failure by a consumer to provide sufficient information 
                to investigate the disputed information.
                    ``(B) Notice of determination.--Upon making any 
                determination in accordance with subparagraph (A) that 
                a dispute is frivolous or irrelevant, a consumer 
                reporting agency shall notify the consumer within 5 
                days of such determination, by mail or, if authorized 
                by the consumer for that purpose, by any other means 
                available to the agency.
                    ``(C) Contents of notice.--A notice under 
                subparagraph (B) shall include--
                            ``(i) the reasons for the determination 
                        under subparagraph (A); and
                            ``(ii) identification of any information 
                        required to investigate the disputed 
                        information.
            ``(4) Consideration of consumer information.--In conducting 
        any reinvestigation under paragraph (1) with respect to 
        disputed information in the file of any consumer, the consumer 
        reporting agency shall review and consider all relevant 
        information submitted by the consumer in the period described 
        in paragraph (1)(A) with respect to such disputed information.
            ``(5) Treatment of inaccurate or unverifiable 
        information.--
                    ``(A) In general.--If, after any reinvestigation 
                under paragraph (1) of any information disputed by a 
                consumer, an item of the information is found to be 
                inaccurate or incomplete or cannot be verified, the 
                consumer reporting agency shall promptly delete that 
                item of information from the consumer's file. The 
                information deleted shall consist solely of the 
                information that was disputed by the consumer and shall 
                not include any portion of the same item that was not 
                disputed.
                    ``(B) Requirements relating to reinsertion of 
                previously deleted material.--
                            ``(i) Certification of accuracy of 
                        information.--If any information is deleted 
                        from a consumer's file pursuant to subparagraph 
                        (A), the information may not be reinserted in 
                        the file by the consumer reporting agency 
                        unless the person who furnishes the information 
                        certifies that the information is complete and 
                        accurate.
                            ``(ii) Notice to consumer.--If any 
                        information which has been deleted from a 
                        consumer's file pursuant to subparagraph (A) is 
                        reinserted in the file, the consumer reporting 
                        agency shall promptly notify the consumer of 
                        the reinsertion in writing or, if authorized by 
                        the consumer for that purpose, by any other 
                        means available to the agency.
                            ``(iii) Additional information.--As part of 
                        or in addition to the notice under clause (ii), 
                        a consumer reporting agency shall provide to a 
                        consumer in writing within the 5-day period 
                        beginning on the date of the reinsertion--
                                    ``(I) a statement that the disputed 
                                information has been reinserted;
                                    ``(II) a notice to the consumer 
                                that if requested by the consumer the 
                                agency shall provide to the consumer, 
                                within 15 days after the date of the 
                                request, the name, business address, 
                                and telephone number of any furnisher 
                                of information contacted, or of any 
                                furnisher of information which 
                                contacted the consumer reporting 
                                agency, in connection with the 
                                reinsertion of such information;
                                    ``(III) the toll-free telephone 
                                number of the consumer reporting agency 
                                if the agency is required to maintain 
                                such a number under section 607(f), or 
                                a telephone number that the consumer 
                                can use to contact the agency with 
                                respect to obtaining the information 
                                described in subclause (II); and
                                    ``(IV) a notice that the consumer 
                                has the right to add a statement to the 
                                consumer's file disputing the accuracy 
                                or completeness of the disputed 
                                information.
                    ``(C) Procedures to prevent reappearance.--A 
                consumer reporting agency shall maintain reasonable 
                procedures designed to prevent the reappearance in a 
                consumer's file, and in consumer reports on the 
                consumer, of information that is deleted pursuant to 
                this paragraph (other than information that is 
                reinserted in accordance with subparagraph (B)(i)).
                    ``(D) Free consumer report during 12-month period 
                after deletion of information.--Upon the request of a 
                consumer, a consumer reporting agency shall make all 
                disclosures pursuant to section 609 without charge to 
                that consumer at least once during the 12-month period 
                after the consumer receives a notification under 
                paragraph (6) or paragraph (8) of the deletion of 
                information that is found to be inaccurate or cannot be 
                verified.
                    ``(E) Any nationwide consumer reporting agency that 
                maintains files on a consumer on a nationwide basis 
                that is subject to this section, shall report the 
                results of a reinvestigation that finds incomplete or 
                inaccurate information in a consumer's file to all 
                other such agencies.
            ``(6) Notice of results of reinvestigation.--
                    ``(A) In general.--A consumer reporting agency 
                shall provide written notice to a consumer of the 
                results of a reinvestigation under this subsection 
                within 5 days after the completion of the 
                reinvestigation, by mail or, if authorized by the 
                consumer for that purpose, by other means available to 
                the agency.
                    ``(B) Contents.--As part of or in addition to the 
                notice under subparagraph (A), a consumer reporting 
                agency shall provide to a consumer in writing within 
                the 5-day period referred to in subparagraph (A)--
                            ``(i) a statement that the reinvestigation 
                        is completed;
                            ``(ii) a consumer report that is based upon 
                        the consumer's file as that file is revised as 
                        a result of the reinvestigation;
                            ``(iii) a description or indication of any 
                        changes made in the consumer report as a result 
                        of those revisions to the consumer's file;
                            ``(iv) a notice that, if requested by the 
                        consumer, a description of the procedure used 
                        to determine the accuracy and completeness of 
                        the information shall be provided to the 
                        consumer by the agency, including the name, 
                        business address, and telephone number of any 
                        furnisher of information contacted in 
                        connection with such information;
                            ``(v) a notice that the consumer has the 
                        right to add a statement to the consumer's file 
                        disputing the accuracy or completeness of the 
                        information; and
                            ``(vi) a notice that the consumer has the 
                        right to request under subsection (d) that the 
                        consumer reporting agency furnish notifications 
                        under that subsection.
            ``(7) Description of reinvestigation procedure.--A consumer 
        reporting agency shall provide to a consumer a description 
        referred to in paragraph (6)(B)(iv) by not later than 15 days 
        after receiving a request from the consumer for that 
        description.
            ``(8) Expedited dispute resolution.--If a dispute regarding 
        an item of information in a consumer's file at a consumer 
        reporting agency is resolved in accordance with paragraph 
        (5)(A) by the deletion of the disputed information by not later 
        than 3 business days after the date on which the agency 
        receives notice of the dispute from the consumer in accordance 
        with paragraph (1)(A), then the agency shall not be required to 
        comply with paragraphs (2), (6), and (7) with respect to that 
        dispute if the agency--
                    ``(A) provides prompt notice of the deletion to the 
                consumer by telephone;
                    ``(B) includes in that notice, or in a written 
                notice that accompanies a confirmation and consumer 
                report provided in accordance with subparagraph (C), a 
                statement of the consumer's right to request under 
                subsection (d) that the agency furnish notifications 
                under that subsection; and
                    ``(C) provides written confirmation of the deletion 
                and a copy of a consumer report on the consumer which 
                is based on the consumer's file after the deletion, 
                within 5 days after making the deletion.''.
    (b) Conforming Amendment.--Subsection (d) of section 611 of the 
Fair Credit Reporting Act (15 U.S.C. 1681i(d)) is amended by striking 
``The consumer reporting agency shall clearly'' and all that follows 
through the end of the subsection.

SEC. 110. AMENDMENT RELATING TO CHARGES FOR DISCLOSURE.

    Section 612 of the Fair Credit Reporting Act (15 U.S.C. 1681j) is 
amended to read as follows:
``Sec. 612. Charges for certain disclosures
    ``(a) Reasonable Charges Allowed for Certain Disclosures.--Except 
as provided in subsections (b), (c), (d), and (f), a consumer reporting 
agency may impose a reasonable charge on a consumer--
            ``(1) for making a disclosure to the consumer pursuant to 
        section 609, which--
                    ``(A) shall not exceed $8; and
                    ``(B) shall be indicated to the consumer prior to 
                making disclosure; and
            ``(2) for furnishing a notification, statement, summary, or 
        codification to any person designated by the consumer pursuant 
        to section 611(d), which--
                    ``(A) shall not exceed the charge that the agency 
                would impose on each designated recipient for a 
                consumer report; and
                    ``(B) shall be indicated to the consumer prior to 
                furnishing such information.
    ``(b) Free Consumer Report After Adverse Notice to Consumer.--Each 
consumer reporting agency that maintains a file on a consumer shall 
make all disclosures pursuant to section 609 without charge to the 
consumer if, within 60 days after receipt by such consumer of a 
notification pursuant to section 615 or of a notification from a debt 
collection agency affiliated with that consumer reporting agency 
stating that the consumer's credit rating may be or has been adversely 
affected, the consumer makes a request under section 609.
    ``(c) Free Consumer Report Under Certain Other Circumstances.--Upon 
the request of the consumer, a consumer reporting agency shall make all 
disclosures pursuant to section 609 without charge to that consumer if 
the consumer certifies in writing that the consumer--
            ``(1) is unemployed and intends to apply for employment in 
        the 60-day period beginning on the date the certification is 
        made;
            ``(2) is a recipient of public welfare assistance; or
            ``(3) has reason to believe that the file on the consumer 
        at the agency contains inaccurate information due to fraud.
    ``(d) Charge for Certain Notices Prohibited.--A consumer reporting 
agency shall not impose any charge for--
            ``(1) providing any notice to a consumer required under 
        section 611; or
            ``(2) notifying a person pursuant to section 611(d) of the 
        deletion of information which is found to be inaccurate or 
        which can no longer be verified, if the consumer designates 
        that person to the agency before the end of the 30-day period 
        beginning on the date of the notification of the consumer under 
        section 611(a)(6) or 611(a)(8).
    ``(e) Refund of Charge in Case of Dispute.--A consumer reporting 
agency shall refund to a consumer any charge assessed to the consumer 
for providing a consumer report in the 60-day period ending on the date 
on which the consumer notifies the agency in accordance with section 
611(a)(1), if after a reinvestigation under that section any 
information in the file of the consumer is found to be incomplete or 
inaccurate.
    ``(f) Annual Consumer Report Upon Request at Specified Charge.--
            ``(1) In general.--Upon the written request of a consumer, 
        a consumer reporting agency that maintains a file on the 
        consumer shall make all disclosures pursuant to section 609 
        once in any 12-month period, at the charge specified in 
        paragraph (2).
            ``(2) Charge specified.--The charge for disclosures under 
        paragraph (1) shall be an amount that does not exceed the 
        lesser of--
                    ``(A) the total cost incurred by the consumer 
                reporting agency in making the disclosures; or
                    ``(B) $3.''.

SEC. 111. AMENDMENTS RELATING TO DUTIES OF USERS OF CONSUMER REPORTS 
              AND DUTIES OF AFFILIATES SHARING CERTAIN INFORMATION.

    (a) Duties of Users Taking Adverse Actions.--Section 615(a) of the 
Fair Credit Reporting Act (15 U.S.C. 1681m(a)) is amended to read as 
follows:
    ``(a) Duties of Users Taking Adverse Actions on the Basis of 
Information Contained in Consumer Reports.--If any person takes any 
adverse action with respect to any consumer in connection with any 
transaction initiated by the consumer or any employment determination, 
which is based in whole or in part on any information contained in a 
consumer report, the person shall--
            ``(1) provide written notice of the adverse action to the 
        consumer;
            ``(2) provide to the consumer in writing, the name, 
        address, and telephone number of the consumer reporting agency 
        (including any toll-free telephone number established by the 
        agency pursuant to section 607(f)) which furnished the report 
        to the person; and
            ``(3) provide to the consumer a written notice of the 
        consumer's right--
                    ``(A) to obtain, under section 612, a free copy of 
                a consumer report on the consumer, from the consumer 
                reporting agency referred to in paragraph (2) and from 
                any other consumer reporting agency that maintains a 
                file on the consumer and maintains files on consumers 
                on a nationwide basis, which notice shall include an 
                indication of the 60-day period under that section for 
                obtaining such a copy; and
                    ``(B) to dispute, under section 611, with a 
                consumer reporting agency the accuracy or completeness 
                of any information in a consumer report furnished by 
                the agency.''.
    (b) Duties of Users Who Make Certain Credit Solicitations.--Section 
615 of the Fair Credit Reporting Act (15 U.S.C. 1681m) is amended by 
adding at the end the following new subsection:
    ``(d) Duties of Users Who Make Written Credit Solicitations on the 
Basis of Information Contained in Consumer Files.--
            ``(1) In general.--Any person who uses a consumer report on 
        any consumer in connection with any credit transaction which is 
        not initiated by the consumer and which consists of a firm 
        offer of credit shall provide with any written solicitation 
        made to the consumer regarding the transaction a clear and 
        conspicuous statement that--
                    ``(A) information contained in the consumer's 
                consumer report was used in connection with the 
                transaction;
                    ``(B) the consumer received the offer of credit 
                because the consumer satisfied the criteria for 
                creditworthiness under which the consumer was selected 
                for the offer;
                    ``(C) if applicable, the credit may not be extended 
                if, after the consumer responds to the offer, the 
                consumer does not meet the criteria used to select the 
                consumer for the offer or any applicable criteria 
                bearing on creditworthiness or does not furnish any 
                required collateral;
                    ``(D) the consumer has a right to prohibit 
                information contained in the consumer's file with any 
                consumer reporting agency from being used in connection 
                with any credit transaction which is not initiated by 
                the consumer; and
                    ``(E) the consumer may exercise the right referred 
                to in subparagraph (D) by notifying a notification 
                system established under section 604(d).
            ``(2) Disclosure of address and telephone number.--A 
        statement under paragraph (1) shall include the address and 
        toll-free telephone number of the appropriate notification 
        system established under section 604(d).
            ``(3) Maintaining criteria on file.--A person who makes an 
        offer of credit to a consumer under a credit transaction 
        described in paragraph (1) shall maintain on file the criteria 
        used to select the consumer to receive the offer, all criteria 
        bearing on creditworthiness that are the basis for determining 
        whether or not to extend credit pursuant to the offer, and any 
        requirement for the furnishing of collateral as a condition of 
        the extension of credit, until the end of the 3-year period 
        beginning on the date on which the offer is made to the 
        consumer.
            ``(4) Limitation on application.--Paragraph (1) does not 
        apply to the use of a consumer report by a person if--
                    ``(A) the person is affiliated by common ownership 
                or by common corporate control with the person who 
                procured the report;
                    ``(B) the person who procured the report clearly 
                and conspicuously disclosed to the consumer to whom the 
                report relates, before the report is provided to the 
                person using the report, that the report might be 
                provided to and used by other persons who are 
                affiliated in the manner described in subparagraph (A) 
                to the person who procured the report; and
                    ``(C) the provision and use of the report is--
                            ``(i) consented to by the consumer in 
                        writing, or
                            ``(ii) with respect to existing customers, 
                        the consumer has been afforded the opportunity 
                        to direct in writing that the report may not be 
                        provided to or used by persons who are 
                        affiliated in the manner described in 
                        subparagraph (A) and has not done so.''.
    (c) Adverse Actions by Affiliates Based on Certain Information.--
Section 615 of the Fair Credit Reporting Act (15 U.S.C. 1681m) is 
further amended by adding after subsection (d), as added by subsection 
(b) of this section, the following new subsection:
    ``(e) Duties of Affiliates Taking Adverse Actions Based on Certain 
Information.--Whenever an adverse action is taken in connection with 
any transaction initiated by a consumer or any employment 
determination, which is based in whole or in part on information that 
was furnished to the user of the information, other than in a consumer 
report, by a person related by common ownership or affiliated by common 
corporate control to the user and that bears upon the consumer's credit 
worthiness, credit standing, credit capacity, character, general 
reputation, personal characteristics, or mode of living, the user of 
the information shall--
            ``(1) notify the consumer in writing of the action, 
        including a statement that the consumer may obtain the 
        information in accordance with paragraph (2) and may contact 
        the toll-free telephone number required by paragraph (3);
            ``(2) upon a written request from the consumer received 
        within 60 days after transmittal of the notice required by 
        paragraph (1), disclose to the consumer in writing the nature 
        of the information on which the adverse action was based by not 
        later than 30 days after receipt of the request; and
            ``(3) make available a toll-free number at which personnel 
        are available to communicate with the consumer regarding the 
        action during normal business hours.''.
    (d) Conforming Amendment.--Section 615(c) of the Fair Credit 
Reporting Act (15 U.S.C. 1681m(c)) is amended by striking ``subsections 
(a) and (b)'' and inserting ``this section''.

SEC. 112. AMENDMENTS RELATING TO CIVIL LIABILITY.

    (a) Civil Liability for Willful Noncompliance, Generally.--Section 
616 of the Fair Credit Reporting Act (15 U.S.C. 1681n) is amended by 
striking ``Any consumer reporting agency or user of information which'' 
and inserting ``(a) In General.--Any person who''.
    (b) Minimum Civil Liability for Willful Noncompliance.--Section 
616(1) of the Fair Credit Reporting Act (15 U.S.C. 1681n(1)) is amended 
to read as follows:
            ``(1)(A) any actual damages sustained by the consumer as a 
        result of the failure; or
            ``(B) in the case of liability of a natural person for 
        obtaining a consumer report under false pretenses or knowingly 
        without a permissible purpose, such damages or $1,000, 
        whichever is greater;''.
    (c) Civil Liability for Negligent Noncompliance.--Section 617 of 
the Fair Credit Reporting Act (15 U.S.C. 1681o) is amended by striking 
``Any consumer reporting agency or user of information which'' and 
inserting ``(a) In General.--Any person who''.
    (d) Attorney's Fees.--
            (1) Willful noncompliance.--Section 616 of the Fair Credit 
        Reporting Act (15 U.S.C. 1681n) is amended by adding at the end 
        the following:
    ``(b) Attorney's Fees.--On a finding by the court that an 
unsuccessful pleading, motion, or other paper filed in connection with 
an action under this section was filed in bad faith or for purposes of 
harassment, the court shall award to the prevailing party attorney's 
fees reasonable in relation to the work expended in responding to the 
pleading, motion, or other paper.''.
            (2) Negligent noncompliance.--Section 617 of the Fair 
        Credit Reporting Act (15 U.S.C. 1681o) is amended by adding at 
        the end the following:
    ``(b) Attorney's Fees.--On a finding by the court that an 
unsuccessful pleading, motion, or other paper filed in connection with 
an action under this section was filed in bad faith or for purposes of 
harassment, the court shall award to the prevailing party attorney's 
fees reasonable in relation to the work expended in responding to the 
pleading, motion, or other paper.''.

SEC. 113. AMENDMENTS RELATING TO RESPONSIBILITIES OF PERSONS WHO 
              FURNISH INFORMATION TO CONSUMER REPORTING AGENCIES.

    (a) In General.--The Fair Credit Reporting Act (15 U.S.C. 1681 et 
seq.) is amended by redesignating section 623 as section 624 and 
inserting after section 622 the following new section:
``Sec. 623. Responsibilities of furnishers of information to consumer 
              reporting agencies
    ``(a) Duty of Furnishers of Information To Provide Complete and 
Accurate Information.--
            ``(1) Prohibitions.--A person shall not furnish any 
        information to any consumer reporting agency if the person 
        knows or should have known the information is incomplete or 
        inaccurate.
            ``(2) Duty to correct and update information.--A person 
        who--
                    ``(A) regularly and in the ordinary course of 
                business furnishes information to one or more consumer 
                reporting agencies about the person's transactions or 
                experiences with any consumer; and
                    ``(B) has furnished to a consumer reporting agency 
                information that the person determines is not complete 
                or accurate;
        shall promptly notify the consumer reporting agency of that 
        determination and provide to the agency any corrections to that 
        information, or any additional information, that is necessary 
        to make the information provided by the person to the agency 
        complete and accurate, and shall not thereafter furnish to the 
        agency any of the information that remains not complete or 
        accurate.
            ``(3) Duty to provide notice of dispute.--If the 
        completeness or accuracy of any information furnished by any 
        person to any consumer reporting agency is disputed to such 
        person by a consumer, the person may not furnish the 
        information to any consumer reporting agency without notice 
        that such information is disputed by the consumer.
            ``(4) Duty to provide notice of closed accounts.--A person 
        who regularly and in the ordinary course of business furnishes 
        information to a consumer reporting agency regarding a consumer 
        who has a credit account with that person shall notify the 
        agency of the voluntary closure of the account by the consumer, 
        in information regularly furnished for the period in which the 
        account is closed.
            ``(5) Duty to provide notice of delinquency of accounts.--A 
        person who furnishes information to a consumer reporting agency 
        regarding a delinquent account being placed for collection, 
        charged to profit or loss, or subjected to any similar action 
        shall, by not later than 90 days after furnishing the 
        information, notify the agency of the month and year of the 
        commencement of the delinquency which immediately preceded the 
        action.
    ``(b) Duties of Furnishers of Information Upon Notice of Dispute.--
            ``(1) In general.--After receiving notice pursuant to 
        section 611(a)(2) of a dispute with regard to the completeness 
        or accuracy of any information provided by a person to a 
        consumer reporting agency, the person shall--
                    ``(A) complete an investigation with respect to the 
                disputed information;
                    ``(B) review all relevant information provided by 
                the consumer reporting agency pursuant to section 
                611(a)(2);
                    ``(C) report the results of the investigation to 
                the consumer reporting agency; and
                    ``(D) if the investigation finds that the 
                information is incomplete or inaccurate, report those 
                results to all other consumer reporting agencies to 
                which the person furnished the information.
            ``(2) Deadline.--A person shall complete all 
        investigations, reviews, and reports required under paragraph 
        (1) regarding information provided by the person to a consumer 
        reporting agency, before the end of the period under section 
        611(a)(1) within which the consumer reporting agency is 
        required to complete actions required by that section regarding 
        that information.
    ``(c) Limitation on Liability.--Sections 616 and 617 do not apply 
to any failure to comply with subsection (a), except as provided in 
section 621(c)(1)(B).''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
the Fair Credit Reporting Act (15 U.S.C. 1681a et seq.) is amended by 
striking the item relating to section 623 and inserting the following:

``623. Responsibilities of furnishers of information to consumer 
                            reporting agencies.
``624. Relation to State laws.''.

SEC. 114. INVESTIGATIVE CONSUMER REPORTS.

    Section 606 of the Fair Credit Reporting Act (15 U.S.C. 1681d) is 
amended--
            (1) in subsection (a)(1) by striking ``or'' after the 
        semicolon at the end and inserting ``and'';
            (2) by striking subsection (a)(2) and inserting the 
        following:
            ``(2) the person certifies to the consumer reporting agency 
        that--
                    ``(A) the person has made the disclosures to the 
                consumer required by paragraph (1); and
                    ``(B) the person will comply with subsection 
                (b).'';
            (3) in subsection (b) by striking ``shall'' the second 
        place it appears; and
            (4) by adding at the end the following:
    ``(d) Prohibitions.--
            ``(1) Certification.--A consumer reporting agency shall not 
        prepare or furnish an investigative consumer report unless the 
        agency has received a certification under subsection (a)(2) 
        from the person who requested the report.
            ``(2) Inquiries.--A consumer reporting agency shall not 
        make an inquiry for the purpose of preparing a consumer report 
        on a consumer if the making of the inquiry by an employer or 
        prospective employer of the consumer would violate any 
        applicable Federal or State equal employment opportunity law or 
        regulation.
            ``(3) Public record information.--A consumer reporting 
        agency shall not furnish an investigative consumer report which 
        includes information which is a matter of public record unless 
        the agency has verified the accuracy of the information within 
        the 30-day period ending on the date the report is furnished.
            ``(4) Certain adverse information.--A consumer reporting 
        agency shall not prepare or furnish an investigative consumer 
        report on a consumer that contains information that is adverse 
        to the interest of the consumer and that is obtained through a 
        personal interview with a neighbor, friend, or associate of the 
        consumer or with another person with whom the consumer is 
        acquainted or who has knowledge of such item of information, 
        unless--
                    ``(A) the agency has followed reasonable procedures 
                to obtain confirmation of the information, from an 
                additional source that has independent and direct 
                knowledge of the information; or
                    ``(B) the person interviewed is the best possible 
                source of the information.''.

SEC. 115. INCREASED CRIMINAL PENALTIES FOR OBTAINING INFORMATION UNDER 
              FALSE PRETENSES.

    (a) Obtaining Information Under False Pretenses.--Section 619 of 
the Fair Credit Reporting Act (15 U.S.C. 1681q) is amended by striking 
``fined not more than $5,000 or imprisoned not more than one year, or 
both'' and inserting ``fined under title 18, United States Code, 
imprisoned for not more than 2 years, or both''.
    (b) Unauthorized Disclosures by Officers or Employees.--Section 620 
of the Fair Credit Reporting Act (15 U.S.C. 1681r) is amended by 
striking ``fined not more than $5,000 or imprisoned not more than one 
year, or both'' and inserting ``fined under title 18, United States 
Code, imprisoned for not more than 2 years, or both''.

SEC. 116. ADMINISTRATIVE ENFORCEMENT.

    (a) Available Enforcement Powers.--The 2d sentence of section 
621(a) of the Fair Credit Reporting Act (15 U.S.C. 1681s(a)) is 
amended--
            (1) by striking ``Act and shall be subject to enforcement 
        by the Federal Trade Commission under section 5(b) thereof with 
        respect to any consumer reporting agency or person subject to 
        enforcement by the Federal Trade Commission pursuant to this 
        subsection, irrespective'' and inserting ``Act. All functions 
        and powers of the Federal Trade Commission under the Federal 
        Trade Commission Act shall be available to the Commission to 
        enforce compliance with this title by any person subject to 
        enforcement by the Federal Trade Commission pursuant to this 
        subsection and not subject to enforcement pursuant to section 8 
        of the Federal Deposit Insurance Act, irrespective''; and
            (2) by inserting ``, including the power to enforce the 
        provisions of this title in the same manner as if the violation 
        had been a violation of any Federal Trade Commission trade 
        regulation rule'' before the period.
    (b) Agencies Responsible for Enforcement.--Section 621 of the Fair 
Credit Reporting Act (15 U.S.C. 1681s) is amended--
            (1) in subsection (a), by inserting ``Enforcement by 
        Federal Trade Commission.--'' before ``Compliance with the 
        requirements''; and
            (2) in subsection (b), by striking the matter preceding 
        paragraph (1) and inserting the following:
    ``(b) Enforcement by Other Agencies.--Compliance with the 
requirements imposed under this title with respect to consumer 
reporting agencies, persons who use consumer reports from such 
agencies, persons who furnish information to such agencies, and users 
of information who are subject to section 615(e) shall be enforced 
under--''.

SEC. 117. STATE ENFORCEMENT OF FAIR CREDIT REPORTING ACT.

    Section 621 of the Fair Credit Reporting Act (15 U.S.C. 1681s) is 
amended by redesignating subsection (c) as subsection (d) and inserting 
after subsection (b) the following new subsection:
    ``(c) State Action for Violations.--
            ``(1) Authority of states.--In addition to such other 
        remedies as are provided under State law, whenever the chief 
        law enforcement officer of a State, or an official or agency 
        designated by a State, has reason to believe that any person 
        has violated or is violating this title, the State--
                    ``(A) may bring an action to enjoin such violation 
                in any appropriate United States district court or in 
                any other court of competent jurisdiction;
                    ``(B) may bring an action on behalf of its 
                residents to recover--
                            ``(i) damages for which the person is 
                        liable to such residents under sections 616 and 
                        617 as a result of the violation;
                            ``(ii) in the case of a violation of 
                        section 623(a), damages for which the person 
                        would, but for section 623(c), be liable to 
                        such residents as a result of the violation; or
                            ``(iii) damages of not more than $1,000 for 
                        each willful or negligent violation; and
                    ``(C) in the case of any successful action under 
                subparagraph (A) or (B), shall be awarded the costs of 
                the action and reasonable attorney fees as determined 
                by the court.
            ``(2) Rights of commission.--The State shall serve prior 
        written notice of any such action upon the Federal Trade 
        Commission or the appropriate Federal regulator determined 
        under subsection (b) and provide the Commission or appropriate 
        Federal regulator with a copy of its complaint, except in any 
        case where such prior notice is not feasible, in which case the 
        State shall serve such notice immediately upon instituting such 
        action. The Commission or appropriate Federal regulator shall 
        have the right (A) to intervene in the action, (B) upon so 
        intervening, to be heard on all matters arising therein, and 
        (C) to file petitions for appeal.
            ``(3) Investigatory powers.--For purposes of bringing any 
        action under this subsection, nothing in this subsection shall 
        prevent the chief law enforcement officer, or an official or 
        agency designated by a State, from exercising the powers 
        conferred on the chief law enforcement officer or such official 
        by the laws of such State to conduct investigations or to 
        administer oaths or affirmations or to compel the attendance of 
        witnesses or the production of documentary and other evidence.
            ``(4) Limitation.--Whenever the Federal Trade Commission or 
        the appropriate Federal regulator has instituted a civil action 
        for violation of this title, no State may, during the pendency 
        of such action, bring an action under this section against any 
        defendant named in the complaint of the Commission or the 
        appropriate Federal regulator for any violation of this title 
        that is alleged in that complaint.''.

SEC. 118. FEDERAL RESERVE BOARD AUTHORITY.

    Section 621 of the Fair Credit Reporting Act (15 U.S.C. 1681s), is 
further amended by adding after subsection (d) (as redesignated by 
section 117) the following new subsection:
    ``(e) Interpretive Authority.--The Federal Reserve Board may issue 
interpretations of any provision of this title as it may apply to any 
persons identified under subsection (b) (1), (2), and (3), or to the 
holding companies and affiliates of such persons, in consultation with 
Federal agencies identified in subsection (b) (1), (2), and (3).''.

SEC. 119. ESTABLISHMENT OF TOLL-FREE TELEPHONE NUMBER.

    Section 607 of the Fair Credit Reporting Act (15 U.S.C. 1681e) is 
amended by adding after subsection (e) (as added by section 107(c) of 
this Act) the following new subsection:
    ``(f) Establishment of Toll-Free Telephone Number.--Each consumer 
reporting agency that compiles and maintains files on consumers on a 
nationwide basis shall establish (and thereafter maintain) a toll-free 
telephone number for the purpose of making agency personnel accessible 
to consumers for communicating with the agency during normal business 
hours.''.

SEC. 120. PREEMPTION OF STATE LAW.

    Section 624 of the Fair Credit Reporting Act, as redesignated by 
section 113(a) of this Act, is further amended--
            (1) by striking ``This title'' and inserting ``(a) In 
        General.--Except as provided in subsections (b) and (c), this 
        title''; and
            (2) by adding at the end the following:
    ``(b) General Exceptions.--No requirement or prohibition may be 
imposed under the laws of any State--
            ``(1) with respect to any subject matter regulated under--
                    ``(A) subsection (c) or (d) of section 604, 
                relating to the prescreening of consumer reports;
                    ``(B) section 611, relating to the time by which a 
                consumer reporting agency must take any action, 
                including the provision of notification to a consumer 
                or other person, in any procedure related to the 
                disputed accuracy of information in a consumer's file, 
                except that this subparagraph does not apply to any 
                State law in effect on the date of the enactment of the 
                Consumer Reporting Reform Act of 1994;
                    ``(C) section 615(a), relating to the duties of a 
                person who takes any adverse action with respect to a 
                consumer on the basis of information contained in a 
                consumer report;
                    ``(D) section 615(d), relating to the duties of 
                persons who use a consumer report of a consumer in 
                connection with any credit transaction which is not 
                initiated by the consumer and which consists of a firm 
                offer of credit;
                    ``(E) section 605, relating to obsolete 
                information, except that this subparagraph does not 
                apply to any State law in effect on the date of the 
                enactment of the Consumer Reporting Reform Act of 1994; 
                or
                    ``(F) section 623(b)(2), relating to the time by 
                which a person must take any action required under 
                section 623(b)(1) with respect to an investigation of 
                information furnished by the person to a consumer 
                reporting agency, except that this subparagraph does 
                not apply to any State law in effect on the date of the 
                enactment of the Consumer Reporting Reform Act of 1994;
            ``(2) with respect to the exchange of information among 
        persons affiliated by common ownership or common corporate 
        control; or
            ``(3) with respect to the form and content of any 
        disclosure required to be made under section 609(c).
    ``(c) Definition of Firm Offer of Credit.--Notwithstanding any 
definition of the term `firm offer of credit' (or any equivalent term) 
under the laws of any State, the definition of that term contained in 
section 603(l) shall be construed to apply in the enforcement and 
interpretation of the laws of any State governing consumer reports.
    ``(d) Limitations.--Subsections (b) and (c)--
            ``(1) do not affect any settlement, agreement, or consent 
        judgment between any State Attorney General and any consumer 
        reporting agency in effect on the date of the enactment of the 
        Consumer Reporting Reform Act of 1994; and
            ``(2) do not apply to any provision of State law (including 
        any provision of a State constitution) that--
                    ``(A) is enacted after January 1, 2003;
                    ``(B) states explicitly that the provision is 
                intended to supplement this Act; and
                    ``(C) gives greater protection to consumers than is 
                provided under this Act.''.

SEC. 121. ACTION BY FTC.

    (a) Modification of Requirements by FTC Authorized.--
            (1) In general.--Section 621 of the Fair Credit Reporting 
        Act (15 U.S.C. 1681s), is further amended by adding after 
        subsection (e) (as added by section 118 of this Act) the 
        following:
    ``(f) Modification of Requirements by FTC Authorized.--If it 
considers such action necessary for the protection of consumers, the 
Federal Trade Commission may, after consultation with each Federal 
agency referred to in section 621(b) and with appropriate State 
regulatory and law enforcement agencies, promulgate regulations in 
accordance with section 553 of title 5, United States Code, to impose 
requirements--
            ``(1) that are more stringent than those imposed under--
                    ``(A) section 611, relating to the time by which a 
                consumer reporting agency must take any action, 
                including the provision of notification to a consumer 
                or other person, in any procedure related to the 
                disputed accuracy of information in a consumer's file;
                    ``(B) section 615(a), relating to the duties of a 
                person who takes any adverse action with respect to a 
                consumer on the basis of information contained in a 
                consumer report;
                    ``(C) section 615(d), relating to the duties of 
                persons who use a consumer report on a consumer in 
                connection with any credit transaction which is not 
                initiated by the consumer and that consists of a firm 
                offer of credit; or
                    ``(D) section 623(b)(2), relating to the time by 
                which a person must take any action required under 
                section 623(b)(1) with respect to an investigation of 
                information furnished by the person to a consumer 
                reporting agency; and
            ``(2) with respect to the form and content of any 
        disclosure required to be made under section 609(c).''.
            (2) Clerical amendments.--
                    (A) The heading for section 621 of the Fair Credit 
                Reporting Act (15 U.S.C. 1681s) is amended to read as 
                follows:
``Sec. 621. Administrative enforcement and authorities; State 
              actions''.
                    (B) The table of contents at the beginning of the 
                Fair Credit Reporting Act is amended by striking the 
                item relating to section 621 and inserting the 
                following:

``621. Administrative enforcement and authorities; State actions.''.
    (b) Deadline to Prescribe Matters.--The Federal Trade Commission 
shall prescribe all matters required by this title (including the 
amendments made by this title) to be prescribed by that Commission, 
before the end of the 300-day period beginning on the date of the 
enactment of this Act.

SEC. 122. EFFECTIVE DATES OF AMENDMENTS.

    (a) In General.--Except as provided in subsection (b), the 
amendments made by this title shall be effective after the 455-day 
period beginning on the date of the enactment of this Act.
    (b) Exceptions.--
            (1) Notification system.--Section 604(d)(3) of the Fair 
        Credit Reporting Act, as amended by section 104(a), shall be 
        effective after the 365-day period beginning on the date of the 
        enactment of this Act.
            (2) FTC authority.--Subsection (a) shall not affect the 
        authority of the Federal Trade Commission to prescribe matters 
        under the amendments made by this title.

SEC. 123. FURNISHING CONSUMER REPORTS TO FEDERAL BUREAU OF 
              INVESTIGATION FOR COUNTERINTELLIGENCE PURPOSES.

    (a) Permissible Purpose.--Section 604 of the Fair Credit Reporting 
Act (15 U.S.C. 1681b) is amended in subsection (a) (as designated by 
section 103(a)(1) of this Act) by adding at the end the following:
    ``(4) To the Federal Bureau of Investigation in response to a court 
order issued under section 625.''.
    (b) Requirements for Federal Bureau of Investigation To Obtain and 
Use Consumer Reports.--
            (1) In general.--The Fair Credit Reporting Act (15 U.S.C. 
        1601 et seq.) is amended by adding at the end the following new 
        section:
``Sec. 625. Requirements for Federal Bureau of Investigation to obtain 
              and use consumer reports
    ``(a) Court Order.--If requested in writing by the Director of the 
Federal Bureau of Investigation or a designee of the Director, a court 
may issue an order ex parte directing a consumer reporting agency to 
furnish a consumer report to the Federal Bureau of Investigation, upon 
a showing in camera that--
            ``(1) the consumer report is necessary for the conduct of 
        an authorized foreign counterintelligence investigation; and
            ``(2) there are specific and articulable facts giving 
        reason to believe that the consumer whose consumer report is 
        sought--
                    ``(A) is an agent of a foreign power; and
                    ``(B) is engaging or has engaged in international 
                terrorism (as that term is defined in section 101(c) of 
                the Foreign Intelligence Surveillance Act of 1978 (50 
                U.S.C. 1801(c))) or clandestine intelligence activities 
                that involve or may involve a violation of criminal 
                statutes of the United States.
    ``(b) Use of Consumer Reports Procured by Federal Bureau of 
Investigation.--
            ``(1) Limitation on use and furnishing of consumer reports 
        by fbi.--The Federal Bureau of Investigation--
                    ``(A) shall not use a consumer report procured 
                under section 604(a)(4) for any purpose other than the 
                investigation for which the consumer report was 
                procured; and
                    ``(B) shall not furnish the consumer report or any 
                information obtained from the consumer report to any 
                other person, except to an officer or employee of the 
                Department of Justice as necessary for approval or 
                conduct of the investigation.
            ``(2) Limitation on further dissemination by department of 
        justice.--An officer or employee of the Department of Justice 
        shall not provide a consumer report or information obtained 
        from a consumer report to any person except for purposes of the 
        investigation for which the consumer report was procured under 
        section 604(a)(4).
            ``(3) Notification regarding completion of investigation.--
        The Federal Bureau of Investigation, within 6 months after the 
        completion of an investigation for which a consumer report is 
        procured under section 604(a)(4), shall notify the consumer 
        reporting agency that furnished the report that the 
        investigation is completed.
            ``(4) Furnishing information pursuant to subpoena, court 
        order, or enforcement proceeding not prohibited.--Nothing in 
        paragraph (1) or (2) shall be construed to prohibit the 
        furnishing of information pursuant to a subpoena or court 
        order, or in connection with a court proceeding to enforce this 
        title.
    ``(c) Prohibitions on Disclosure.--
            ``(1) Court officer or employee.--An officer or employee of 
        a court shall not disclose to any person that the Federal 
        Bureau of Investigation has sought or obtained a consumer 
        report under section 604(a)(4), except to the court or another 
        officer or employee of the court in connection with the 
        issuance of an order under subsection (a) with respect to the 
        report.
            ``(2) Consumer reporting agency officer or employee.--An 
        officer or employee of a consumer reporting agency shall not 
        disclose to any person that the Federal Bureau of Investigation 
        has sought or obtained a consumer report under section 
        604(a)(4), except--
                    ``(A) for the purpose of furnishing the report to 
                the Federal Bureau of Investigation; or
                    ``(B) to the court or an officer or employee of the 
                court in connection with the issuance of an order under 
                subsection (a) with respect to the report.
            ``(3) Penalty.--A person that knowingly and willfully 
        violates paragraph (1) or (2) shall be fined under title 18, 
        United States Code, or imprisoned not more than 2 years, or 
        both.
    ``(d) Disclosure to Consumer.--
            ``(1) Notice of completion of investigation required.--
        Notwithstanding section 609(a)(3) and subject to paragraph (2), 
        a consumer reporting agency shall not disclose under that 
        section the identity of the Federal Bureau of Investigation or 
        that the agency has furnished a consumer report to the Federal 
        Bureau of Investigation, unless the consumer reporting agency 
        has received from the Federal Bureau of Investigation a notice 
        under subsection (b)(3) of the completion of the investigation 
        with respect to which the report was furnished.
            ``(2) Disclosures required.--A consumer reporting agency 
        shall include with a disclosure to a consumer under section 
        609(a) information in its files on the consumer regarding the 
        furnishing of a consumer report to, or the making of any 
        inquiry by, the Federal Bureau of Investigation with respect to 
        an investigation for which the consumer reporting agency 
        received from the Federal Bureau of Investigation a notice of 
        completion of the investigation in the year preceding the 
        request from the consumer for the disclosure.
    ``(e) Civil Liability for Violations.--For each violation of 
subsection (b) (1) or (2) with respect to a consumer report on a 
consumer, the Federal Bureau of Investigation or the Department of 
Justice, respectively, is liable to the consumer for an amount equal to 
the sum of--
            ``(1) the greater of--
                    ``(A) actual damages sustained by the consumer as a 
                result of the violation and such amount of punitive 
                damages as the court may allow; or
                    ``(B) $500; plus
            ``(2) in a successful action to enforce any liability under 
        this section, the costs of the action and reasonable attorneys' 
        fees as determined by the court.
    ``(f) Injunctive Relief.--Any person may bring an action to enjoin 
a violation of this section.
    ``(g) Exclusive Remedies.--No action for relief for a violation of 
subsection (b) (1) or (2) may be brought except under subsection (e) or 
(f).
    ``(h) Semiannual Reports.--The Attorney General shall, on a 
semiannual basis, fully inform the Permanent Select Committee on 
Intelligence and the Committee on Banking, Finance and Urban Affairs of 
the House of Representatives and the Select Committee on Intelligence 
and the Committee on Banking, Housing, and Urban Affairs of the Senate 
concerning all requests made by the Director of the Federal Bureau of 
Investigation or a designee of the Director for a court to issue an 
order under this section directing a consumer reporting agency to 
furnish a consumer report to the Federal Bureau of Investigation.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of the Fair Credit Reporting Act (15 U.S.C. 1681a et 
        seq.), as amended by section 113(b) of this Act, is further 
        amended by adding at the end the following:

``625. Requirements for Federal Bureau of Investigation to obtain and 
                            use consumer reports.''.
    (c) Repeal of Provisions.--
            (1) Repeal.--The following provisions of the Fair Credit 
        Reporting Act, as amended by this section, are repealed:
                    (A) Section 604(a)(4).
                    (B) Section 625.
                    (C) In the table of contents at the beginning of 
                the Fair Credit Reporting Act, the item relating to 
                section 625.
            (2) Effective date.--Paragraph (1) shall take effect on the 
        date that is 5 years after the date of the enactment of this 
        Act.

                 TITLE II--CREDIT REPAIR ORGANIZATIONS

SEC. 201. REGULATION OF CREDIT REPAIR ORGANIZATIONS.

    Title IV of the Consumer Credit Protection Act is amended to read 
as follows:

                ``TITLE IV--CREDIT REPAIR ORGANIZATIONS

``Sec.
``401. Short title.
``402. Findings and purposes.
``403. Definitions.
``404. Prohibited practices.
``405. Disclosures.
``406. Credit repair organizations contracts.
``407. Right to cancel contract.
``408. Noncompliance with this title.
``409. Civil liability.
``410. Administrative enforcement.
``411. Statute of limitations.
``412. Relation to State law.
``413. Effective date.

``SEC. 401. SHORT TITLE.

    ``This title may be cited as the `Credit Repair Organizations Act'.

``SEC. 402. FINDINGS AND PURPOSES.

    ``(a) Findings.--The Congress makes the following findings:
            ``(1) Consumers have a vital interest in establishing and 
        maintaining their creditworthiness and credit standing in order 
        to obtain and use credit. As a result, consumers who have 
        experienced credit problems may seek assistance from credit 
        repair organizations which offer to improve the credit standing 
        of such consumers.
            ``(2) Certain advertising and business practices of some 
        companies engaged in the business of credit repair services 
        have worked a financial hardship upon consumers, particularly 
        those of limited economic means and who are inexperienced in 
        credit matters.
    ``(b) Purposes.--The purposes of this title are as follows:
            ``(1) To ensure that prospective buyers of the services of 
        credit repair organizations are provided with the information 
        necessary to make an informed decision regarding the purchase 
        of such services.
            ``(2) To protect the public from unfair or deceptive 
        advertising and business practices by credit repair 
        organizations.

``SEC. 403. DEFINITIONS.

    ``For purposes of this title--
            ``(1) Consumer.--The term `consumer' means an individual.
            ``(2) Consumer credit transaction.--The term `consumer 
        credit transaction' means any transaction in which credit is 
        offered or extended to an individual for personal, family, or 
        household purposes.
            ``(3) Credit repair organization.--The term `credit repair 
        organization'--
                    ``(A) means any person who uses any instrumentality 
                of interstate commerce or the mails to sell, provide, 
                or perform (or represent that such person can or will 
                sell, provide, or perform) any service, in return for 
                the payment of money or other valuable consideration, 
                for the express or implied purpose of--
                            ``(i) improving any consumer's credit 
                        record, credit history, or credit rating; or
                            ``(ii) providing advice or assistance to 
                        any consumer with regard to any activity or 
                        service described in clause (i); and
                    ``(B) does not include--
                            ``(i) any nonprofit organization which is 
                        exempt from taxation under section 501(c)(3) of 
                        the Internal Revenue Code of 1986; or
                            ``(ii) any attorney-at-law who is a member 
                        of the bar of the highest court of any State or 
                        otherwise licensed under the laws of any State, 
                        with respect to services rendered which are 
                        within the scope of regulations applicable to 
                        members of such bar or such licensees.
            ``(4) Credit.--The term `credit' has the meaning given to 
        such term in section 103(e) of this Act.

``SEC. 404. PROHIBITED PRACTICES.

    ``(a) In General.--No person may--
            ``(1) make any statement, or counsel or advise any consumer 
        to make any statement, which is untrue or misleading (or which, 
        upon the exercise of reasonable care, should be known by the 
        credit repair organization, officer, employee, agent, or other 
        person to be untrue or misleading) with respect to any 
        consumer's creditworthiness, credit standing, or credit 
        capacity to--
                    ``(A) any consumer reporting agency (as defined in 
                section 603(f) of this Act); or
                    ``(B) any person--
                            ``(i) who has extended credit to the 
                        consumer; or
                            ``(ii) to whom the consumer has applied or 
                        is applying for an extension of credit;
            ``(2) make any statement, or counsel or advise any consumer 
        to make any statement, the intended effect of which is to alter 
        the consumer's identification to prevent the display of the 
        consumer's credit record, history, or rating for the purpose of 
        concealing adverse information that is accurate and not 
        obsolete to--
                    ``(A) any consumer reporting agency;
                    ``(B) any person--
                            ``(i) who has extended credit to the 
                        consumer; or
                            ``(ii) to whom the consumer has applied or 
                        is applying for an extension of credit;
            ``(3) make or use any untrue or misleading representation 
        of the services of the credit repair organization; or
            ``(4) engage, directly or indirectly, in any act, practice, 
        or course of business that constitutes or results in the 
        commission of, or an attempt to commit, a fraud or deception on 
        any person in connection with the offer or sale of the services 
        of the credit repair organization.
    ``(b) Payment in Advance.--No credit repair organization may charge 
or receive any money or other valuable consideration for the 
performance of any service which the credit repair organization has 
agreed to perform for any consumer before such service is fully 
performed.

``SEC. 405. DISCLOSURES.

    ``(a) Disclosure Required.--Any credit repair organization shall 
provide any consumer with the following written statement before any 
contract or agreement between the consumer and the credit repair 
organization is executed:

       ```Consumer Credit File Rights Under State and Federal Law

    ```You have a right to dispute inaccurate information in your 
credit report by contacting the credit bureau directly. However, 
neither you nor any ``credit repair'' company or credit repair 
organization has the right to have accurate, current, and verifiable 
information removed from your credit report. The credit bureau must 
remove accurate, negative information from your report only if it is 
over 7 years old. Bankruptcy information can be reported for 10 years.
    ```You have a right to obtain a copy of your credit report from a 
credit bureau. You may be charged a reasonable fee. There is no fee, 
however, if you have been turned down for credit, employment, 
insurance, or a rental dwelling because of information in your credit 
report within the preceding 60 days. The credit bureau must provide 
someone to help you interpret the information in your credit file. You 
are entitled to receive a free copy of your credit report if you are 
unemployed and intend to apply for employment in the next 60 days, if 
you are a recipient of public welfare assistance, or if you have reason 
to believe that there is inaccurate information in your credit report 
due to fraud.
    ```You have a right to sue a credit repair organization that 
violates the Credit Repair Organization Act. This law prohibits 
deceptive practices by credit repair organizations.
    ```You have the right to cancel your contract with any credit 
repair organization for any reason within 3 business days from the date 
you signed it.
    ```Credit bureaus are required to follow reasonable procedures to 
ensure that the information they report is accurate. However, mistakes 
may occur.
    ```You may, on your own, notify a credit bureau in writing that you 
dispute the accuracy of information in your credit file. The credit 
bureau must then reinvestigate and modify or remove inaccurate or 
incomplete information. The credit bureau may not charge any fee for 
this service. Any pertinent information and copies of all documents you 
have concerning an error should be given to the credit bureau.
    ```If the credit bureau's reinvestigation does not resolve the 
dispute to your satisfaction, you may send a brief statement to the 
credit bureau, to be kept in your file, explaining why you think the 
record is inaccurate. The credit bureau must include a summary of your 
statement about disputed information with any report it issues about 
you.
    ```The Federal Trade Commission regulates credit bureaus and credit 
repair organizations. For more information contact:

                      The Public Reference Branch

                        Federal Trade Commission

                        Washington, D.C. 20580'.

    ``(b) Separate Statement Requirement.--The written statement 
required under this section shall be provided as a document which is 
separate from any written contract or other agreement between the 
credit repair organization and the consumer or any other written 
material provided to the consumer.
    ``(c) Retention of Compliance Records.--
            ``(1) In general.--The credit repair organization shall 
        maintain a copy of the statement signed by the consumer 
        acknowledging receipt of the statement.
            ``(2) Maintenance for 2 years.--The copy of any consumer's 
        statement shall be maintained in the organization's files for 2 
        years after the date on which the statement is signed by the 
        consumer.

``SEC. 406. CREDIT REPAIR ORGANIZATIONS CONTRACTS.

    ``(a) Written Contracts Required.--No services may be provided by 
any credit repair organization for any consumer--
            ``(1) unless a written and dated contract (for the purchase 
        of such services) which meets the requirements of subsection 
        (b) has been signed by the consumer; or
            ``(2) before the end of the 3-business-day period beginning 
        on the date the contract is signed.
    ``(b) Terms and Conditions of Contract.--No contract referred to in 
subsection (a) meets the requirements of this subsection unless such 
contract includes the following information (in writing):
            ``(1) The terms and conditions of payment, including the 
        total amount of all payments to be made by the consumer to the 
        credit repair organization or to any other person.
            ``(2) A full and detailed description of the services to be 
        performed by the credit repair organization for the consumer, 
        including--
                    ``(A) all guarantees of performance; and
                    ``(B) an estimate of--
                            ``(i) the date by which the performance of 
                        the services (to be performed by the credit 
                        repair organization or any other person) will 
                        be complete; or
                            ``(ii) the length of the period necessary 
                        to perform such services.
            ``(3) The credit repair organization's name and principal 
        business address.
            ``(4) A conspicuous statement in bold face type, in 
        immediate proximity to the space reserved for the consumer's 
        signature on the contract, which reads as follows: `You may 
        cancel this contract without penalty or obligation at any time 
        before midnight of the 3rd business day after the date on which 
        you signed the contract. See the attached notice of 
        cancellation form for an explanation of this right.'.

``SEC. 407. RIGHT TO CANCEL CONTRACT.

    ``(a) In General.--Any consumer may cancel any contract with any 
credit repair organization without penalty or obligation by notifying 
the credit repair organization of the consumer's intention to do so at 
any time before midnight of the 3rd business day which begins after the 
date on which the contract or agreement between the consumer and the 
credit repair organization is executed or would, but for this 
subsection, become enforceable against the parties.
    ``(b) Cancellation Form and Other Information.--Each contract shall 
be accompanied by a form, in duplicate, which has the heading `Notice 
of Cancellation' and contains in bold face type the following 
statement:
            ```You may cancel this contract, without any penalty or 
        obligation, at any time before midnight of the 3rd day which 
        begins after the date the contract is signed by you.
            ```To cancel this contract, mail or deliver a signed, dated 
        copy of this cancellation notice, or any other written notice 
        to [ name of credit repair organization ] at [ address of 
        credit repair organization ] before midnight on [ date ]
            ```I hereby cancel this transaction,
            [ date ]
            [ purchaser's signature ].'.
    ``(c) Consumer Copy of Contract Required.--Any consumer who enters 
into any contract with any credit repair organization shall be given, 
by the organization--
            ``(1) a copy of the completed contract and the disclosure 
        statement required under section 405; and
            ``(2) a copy of any other document the credit repair 
        organization requires the consumer to sign,
at the time the contract or the other document is signed.

``SEC. 408. NONCOMPLIANCE WITH THIS TITLE.

    ``(a) Consumer Waivers Invalid.--Any waiver by any consumer of any 
protection provided by or any right of the consumer under this title--
            ``(1) shall be treated as void; and
            ``(2) may not be enforced by any Federal or State court or 
        any other person.
    ``(b) Attempt To Obtain Waiver.--Any attempt by any person to 
obtain a waiver from any consumer of any protection provided by or any 
right of the consumer under this title shall be treated as a violation 
of this title.
    ``(c) Contracts Not in Compliance.--Any contract for services which 
does not comply with the applicable provisions of this title--
            ``(1) shall be treated as void; and
            ``(2) may not be enforced by any Federal or State court or 
        any other person.

``SEC. 409. CIVIL LIABILITY.

    ``(a) Liability Established.--Any person who fails to comply with 
any provision of this title with respect to any other person shall be 
liable to such person in an amount equal to the sum of the amounts 
determined under each of the following paragraphs:
            ``(1) Actual damages.--The greater of--
                    ``(A) the amount of any actual damage sustained by 
                such person as a result of such failure; or
                    ``(B) any amount paid by the person to the credit 
                repair organization.
            ``(2) Punitive damages.--
                    ``(A) Individual actions.--In the case of any 
                action by an individual, such additional amount as the 
                court may allow.
                    ``(B) Class actions.--In the case of a class 
                action, the sum of--
                            ``(i) the aggregate of the amount which the 
                        court may allow for each named plaintiff; and
                            ``(ii) the aggregate of the amount which 
                        the court may allow for each other class 
                        member, without regard to any minimum 
                        individual recovery.
            ``(3) Attorneys' fees.--In the case of any successful 
        action to enforce any liability under paragraph (1) or (2), the 
        costs of the action, together with reasonable attorneys' fees.
    ``(b) Factors To Be Considered in Awarding Punitive Damages.--In 
determining the amount of any liability of any credit repair 
organization under subsection (a)(2), the court shall consider, among 
other relevant factors--
            ``(1) the frequency and persistence of noncompliance by the 
        credit repair organization;
            ``(2) the nature of the noncompliance;
            ``(3) the extent to which such noncompliance was 
        intentional; and
            ``(4) in the case of any class action, the number of 
        consumers adversely affected.

``SEC. 410. ADMINISTRATIVE ENFORCEMENT.

    ``(a) In General.--Compliance with the requirements imposed under 
this title with respect to credit repair organizations shall be 
enforced under the Federal Trade Commission Act by the Federal Trade 
Commission.
    ``(b) Violations of This Title Treated as Violations of Federal 
Trade Commission Act.--
            ``(1) In general.--For the purpose of the exercise by the 
        Federal Trade Commission of the Commission's functions and 
        powers under the Federal Trade Commission Act, any violation of 
        any requirement or prohibition imposed under this title with 
        respect to credit repair organizations shall constitute an 
        unfair or deceptive act or practice in commerce in violation of 
        section 5(a) of the Federal Trade Commission Act.
            ``(2) Enforcement authority under other law.--All functions 
        and powers of the Federal Trade Commission under the Federal 
        Trade Commission Act shall be available to the Commission to 
        enforce compliance with this title by any person subject to 
        enforcement by the Federal Trade Commission pursuant to this 
        subsection, including the power to enforce the provisions of 
        this title in the same manner as if the violation had been a 
        violation of any Federal Trade Commission trade regulation 
        rule, without regard to whether the credit repair 
        organization--
                    ``(A) is engaged in commerce; or
                    ``(B) meets any other jurisdictional tests in the 
                Federal Trade Commission Act.
    ``(c) State Action For Violations.--
            ``(1) Authority of states.--In addition to such other 
        remedies as are provided under State law, whenever the chief 
        law enforcement officer of a State, or an official or agency 
        designated by a State, has reason to believe that any person 
        has violated or is violating this title, the State--
                    ``(A) may bring an action to enjoin such violation;
                    ``(B) may bring an action on behalf of its 
                residents to recover damages for which the person is 
                liable to such residents under section 409 as a result 
                of the violation; and
                    ``(C) in the case of any successful action under 
                subparagraph (A) or (B), shall be awarded the costs of 
                the action and reasonable attorney fees as determined 
                by the court.
            ``(2) Rights of commission.--
                    ``(A) Notice to commission.--The State shall serve 
                prior written notice of any civil action under 
                paragraph (1) upon the Federal Trade Commission and 
                provide the Commission with a copy of its complaint, 
                except in any case where such prior notice is not 
                feasible, in which case the State shall serve such 
                notice immediately upon instituting such action.
                    ``(B) Intervention.--The Commission shall have the 
                right--
                            ``(i) to intervene in any action referred 
                        to in subparagraph (A);
                            ``(ii) upon so intervening, to be heard on 
                        all matters arising in the action; and
                            ``(iii) to file petitions for appeal.
            ``(3) Investigatory powers.--For purposes of bringing any 
        action under this subsection, nothing in this subsection shall 
        prevent the chief law enforcement officer, or an official or 
        agency designated by a State, from exercising the powers 
        conferred on the chief law enforcement officer or such official 
        by the laws of such State to conduct investigations or to 
        administer oaths or affirmations or to compel the attendance of 
        witnesses or the production of documentary and other evidence.
            ``(4) Limitation.--Whenever the Federal Trade Commission 
        has instituted a civil action for violation of this title, no 
        State may, during the pendency of such action, bring an action 
        under this section against any defendant named in the complaint 
        of the Commission for any violation of this title that is 
        alleged in that complaint.

``SEC. 411. STATUTE OF LIMITATIONS.

    ``Any action to enforce any liability under this title may be 
brought before the later of--
            ``(1) the end of the 2-year period beginning on the date of 
        the occurrence of the violation involved; or
            ``(2) in any case in which any credit repair organization 
        has materially and willfully misrepresented any information 
        which--
                    ``(A) the credit repair organization is required, 
                by any provision of this title, to disclose to any 
                consumer; and
                    ``(B) is material to the establishment of the 
                credit repair organization's liability to the consumer 
                under this title,
        the end of the 2-year period beginning on the date of the 
        discovery by the consumer of the misrepresentation.

``SEC. 412. RELATION TO STATE LAW.

    ``This title shall not annul, alter, affect, or exempt any person 
subject to the provisions of this title from complying with any law of 
any State except to the extent that such law is inconsistent with any 
provision of this title, and then only to the extent of the 
inconsistency.

``SEC. 413. EFFECTIVE DATE.

    ``This title shall apply after the end of the 6-month period 
beginning on the date of the enactment of the Credit Repair 
Organizations Act, except with respect to contracts entered into by a 
credit repair organization before the end of such period.''.

            Passed the House of Representatives June 13, 1994.

            Attest:

                                                                 Clerk.
                                     

103d CONGRESS

  2d Session

                               H. R. 1015

_______________________________________________________________________

                                 AN ACT

 To amend the Fair Credit Reporting Act to assure the completeness and 
    accuracy of consumer information maintained by credit reporting 
agencies, to better inform consumers of their rights under the Act, and 
            to improve enforcement, and for other purposes.
```