I 

114TH CONGRESS 

2D SESSION H. R. 5010 

To amend the Fair Credit Reporting Act to require the inclusion of credit 

scores with free annual credit reports provided to consumers, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 20, 2016 

Mr. COHEN (for himself, Ms. NORTON, Mr. GRIJALVA, Ms. TSONGAS, Mr. 

CONYERS, and Mr. VISCLOSKY) introduced the following bill; which was 

referred to the Committee on Financial Services 

A BILL 

To amend the Fair Credit Reporting Act to require the 

inclusion of credit scores with free annual credit reports 

provided to consumers, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Fair Access to Credit 

5 Scores Act of 2016’’. 

6 SEC. 2. CREDIT SCORES INCLUDED IN FREE ANNUAL DIS7 CLOSURES. 

8 (a) IN GENERAL.—Section 609 of the Fair Credit 

9 Reporting Act (15 U.S.C. 1681g) is amended— 

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1 (1) in subsection (a)(1)— 

2 (A) by striking ‘‘and’’ at the end and in3 serting a period; 

4 (B) by striking ‘‘except that—’’ and all 

5 that follows through ‘‘(A) if the’’ and inserting 

6 ‘‘except that if the’’; and 

7 (C) by striking subparagraph (B); 

8 (2) in subsection (a), by adding at the end the 

9 following: 

10 ‘‘(7) If the consumer reporting agency is a con11 sumer reporting agency that compiles and maintains 

12 files on consumers on a nationwide basis as de13 scribed in section 603(p), each such agency shall dis14 close a current credit score generated using the scor15 ing algorithm, formula, model, program, or mecha16 nism that is most frequently used to generate credit 

17 scores sold to creditors, subject to regulations of the 

18 Bureau, along with any information in the con19 sumer’s file at the time of the request concerning 

20 credit scores or any other risk scores or other pre21 dictors relating to the consumer, if such request is 

22 made in connection with a free annual disclosure 

23 made pursuant to section 612(a). 

24 ‘‘(8) Such other consumer information as the 

25 Bureau considers appropriate with respect to conmstockstill on DSK3G9T082PROD with BILLS

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1 sumer financial education, including the information 

2 required by subsection (f)(1), information describing 

3 the credit score of the consumer with respect to a 

4 range of possible credit scores, and the general fac5 tors contributing to the credit scores of consumers.’’; 

6 and 

7 (3) in subsection (f)— 

8 (A) in paragraph (1)— 

9 (i) by striking ‘‘, a consumer report10 ing agency’’ and all that follows through 

11 ‘‘shall include—’’ and inserting ‘‘or a risk 

12 score, a consumer reporting agency shall 

13 supply to the consumer—’’; and 

14 (ii) by amending subparagraph (A) to 

15 read as follows: 

16 ‘‘(A) any credit score or risk score in the 

17 file of the consumer at the consumer reporting 

18 agency;’’; 

19 (B) in paragraph (2)— 

20 (i) by redesignating subparagraph (B) 

21 as subparagraph (C); and 

22 (ii) by striking subparagraph (A) and 

23 inserting the following: 

24 ‘‘(A) CREDIT SCORE.—The term ‘credit 

25 score’ means a numerical value or a categorizamstockstill on DSK3G9T082PROD with BILLS

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1 tion derived from a statistical tool or modeling 

2 system used by a person who makes or ar3 ranges a loan to predict the likelihood of certain 

4 credit behaviors, including default. 

5 ‘‘(B) RISK SCORE.—The term ‘risk score’ 

6 means a numerical value or a categorization de7 rived from a statistical tool or modeling system 

8 based upon information from a consumer report 

9 for the purpose of predicting the likelihood of 

10 certain behaviors or outcomes, and includes 

11 scores used for the underwriting of insurance.’’; 

12 (C) by striking paragraph (6) and insert13 ing the following: 

14 ‘‘(6) MAINTENANCE OF CREDIT SCORES.—All 

15 consumer reporting agencies shall maintain in the 

16 consumer’s file credit scores or any other risk scores 

17 or other predictors relating to the consumer for a 

18 period of not less than 1 year beginning on the date 

19 on which such information is generated.’’; 

20 (D) by striking paragraph (7) and redesig21 nating paragraphs (8) and (9) as paragraphs 

22 (7) and (8), respectively; and 

23 (E) in paragraph (7) (as so redesignated), 

24 by inserting before the period at the end the 

25 following: ‘‘, except that a consumer reporting 

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1 agency described in section 603(p) shall provide 

2 a credit score without charge to the consumer 

3 if the consumer is requesting the score in con4 nection with a free annual disclosure made pur5 suant to section 612(a)’’. 

6 (b) INCLUSION IN FREE REPORTS.—Section 612(g) 

7 of the Fair Credit Reporting Act (15 U.S.C. 1681j(g)) is 

8 amended— 

9 (1) in paragraph (1)— 

10 (A) by striking ‘‘free credit report’’ and in11 serting ‘‘free or low cost credit report or credit 

12 score’’; and 

13 (B) by inserting ‘‘and free credit scores’’ 

14 after ‘‘free credit reports’’; and 

15 (2) in paragraph (2), by inserting ‘‘or free cred16 it score, as applicable,’’ after ‘‘free credit report’’. 

17 (c) TECHNICAL CORRECTIONS.—The Fair Credit Re18 porting Act (15 U.S.C. 1681a et seq.) is amended— 

19 (1) in section 603 (15 U.S.C. 1681a)— 

20 (A) in subsection (d)(2)(D), by striking 

21 ‘‘(x)’’ and inserting ‘‘(y)’’; 

22 (B) in subsection (q)(5), by striking 

23 ‘‘103(i)’’ and inserting ‘‘103(j)’’; and 

24 (C) in subsection (v), by striking ‘‘Bureau’’ 

25 and inserting ‘‘Federal Trade Commission’’; 

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1 (2) in section 604 (15 U.S.C. 1681b)— 

2 (A) in subsection (b)— 

3 (i) in paragraph (2)(B)(i), by striking 

4 ‘‘section 615(a)(3)’’ and inserting ‘‘section 

5 615(a)(4)’’; 

6 (ii) in paragraph (3)(B)(ii), by strik7 ing ‘‘clause (B)(i)(IV)’’ and inserting 

8 ‘‘clause (i)(IV)’’; 

9 (iii) in paragraph (4)(A)(ii), by insert10 ing ‘‘and’’ after the semicolon; and 

11 (iv) by striking ‘‘section 609(c)(3)’’ 

12 each place that term appears and inserting 

13 ‘‘section 609(c)’’; and 

14 (B) in subsection (g)(5), by striking 

15 ‘‘PARAGRAPH (2).—’’ and all that follows 

16 through ‘‘The Bureau’’ and inserting ‘‘PARA17 GRAPH (2).—The Bureau’’; 

18 (3) in section 605 (15 U.S.C. 1681c)— 

19 (A) in subsection (f), by striking ‘‘who’’ 

20 and inserting ‘‘which’’; and 

21 (B) in subsection (h)(2)(A)— 

22 (i) by striking ‘‘shall,,’’ and inserting 

23 ‘‘shall,’’; and 

24 (ii) by striking ‘‘Commission,,’’ and 

25 inserting ‘‘Commission,’’; 

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1 (4) in section 605A(h)(1)(A) (15 U.S.C. 1681c– 

2 1(h)(1)(A)), by striking ‘‘103(i)’’ and inserting 

3 ‘‘103(j)’’; 

4 (5) in section 607(e)(3)(A) (15 U.S.C. 

5 1681e(e)(3)(A)), by striking ‘‘section 

6 604(b)(4)(E)(i)’’ and inserting ‘‘section 

7 604(b)(4)(D)(i)’’; 

8 (6) in section 609 (15 U.S.C. 1681g)— 

9 (A) in subsection (a)(3)(C)(i), by striking 

10 ‘‘section 604(b)(4)(E)(i)’’ and inserting ‘‘sec11 tion 604(b)(4)(D)(i)’’; 

12 (B) in subsection (c)(1)— 

13 (i) in the paragraph heading, by strik14 ing ‘‘COMMISSION’’ and inserting ‘‘BU15 REAU’’; and 

16 (ii) in subparagraph (B)(vi), by strik17 ing ‘‘603(w)’’ and inserting ‘‘603(x)’’; 

18 (C) in subsection (e)(2)(B)(ii)(II), by strik19 ing ‘‘an’’; and 

20 (D) by striking ‘‘The Commission’’ each 

21 place that term appears and inserting ‘‘The Bu22 reau’’; 

23 (7) in section 610 (15 U.S.C. 1681h)— 

24 (A) in subsection (b)(1), by inserting ‘‘sec25 tion’’ after ‘‘under’’; and 

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1 (B) in subsection (e), by inserting a 

2 comma after ‘‘on the report’’; 

3 (8) in section 611 (15 U.S.C. 1681i), by strik4 ing ‘‘The Commission’’ each place that term appears 

5 and inserting ‘‘The Bureau’’; 

6 (9) in section 612 (15 U.S.C. 1681j)— 

7 (A) in subsection (a)(1)— 

8 (i) in subparagraph (A), by striking 

9 ‘‘(w)’’ and inserting ‘‘(x)’’; and 

10 (ii) in subparagraph (C), by striking 

11 ‘‘603(w)’’ each place that term appears 

12 and inserting ‘‘603(x)’’; 

13 (B) in subsection (g)(2), by striking 

14 ‘‘televison’’ and inserting ‘‘television’’; and 

15 (C) by striking ‘‘The Commission’’ each 

16 place that term appears and inserting ‘‘The Bu17 reau’’; and 

18 (10) in section 621 (15 U.S.C. 1681s)— 

19 (A) in subsection (a)(1), in the first sen20 tence, by striking ‘‘, subsection (b)’’; 

21 (B) in subsection (e)(2), by inserting a pe22 riod after ‘‘provisions of this title’’; and 

23 (C) in subsection (f)(2), by striking ‘‘The 

24 Commission’’ and inserting ‘‘The Bureau’’. 

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