I 

118TH CONGRESS 

1ST SESSION H. R. 5180 

To amend the Fair Credit Reporting act to restore the impaired credit 

of victims of predatory activities and unfair consumer reporting practices, 

to expand access to tools to protect vulnerable consumers from identity 

theft, fraud, or a related crime, and protect victims from further harm, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

AUGUST 8, 2023 

Ms. TLAIB introduced the following bill; which was referred to the Committee 

on Financial Services 

A BILL 

To amend the Fair Credit Reporting act to restore the impaired credit of victims of predatory activities and unfair 

consumer reporting practices, to expand access to tools 

to protect vulnerable consumers from identity theft, 

fraud, or a related crime, and protect victims from further harm, 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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Restoring Unfairly Impaired Credit and Protecting Con6 sumers Act’’. 


pbinns on DSKJLVW7X2PROD with $$_JOB
2 

•HR 5180 IH

1 (b) TABLE OF CONTENTS.—The table of contents for 

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

Sec. 3. Effective date. 

Sec. 4. General Bureau rulemaking. 

TITLE I—RESTORING THE IMPAIRED CREDIT OF VICTIMS OF 

PREDATORY ACTIVITIES AND UNFAIR CONSUMER REPORTING 

PRACTICES 

Sec. 101. Shortens the time period that most adverse credit information stays 

on consumer reports. 

Sec. 102. Mandates the expedited removal of fully paid or settled debt from 

consumer reports. 

Sec. 103. Prohibits the appearance of medical debt on consumer reports. 

Sec. 104. Provides credit restoration for victims of predatory mortgage lending 

and servicing. 

Sec. 105. Provides credit relief for private education loans borrowers who were 

defrauded or mislead by proprietary education institution or 

career education programs. 

Sec. 106. Establishes right for victims of financial abuse to have adverse information removed from their consumer reports. 

Sec. 107. Prohibits treatment of credit restoration or rehabilitation as adverse 

information. 

TITLE II—EXPANDING ACCESS TO TOOLS TO PROTECT VULNERABLE CONSUMERS FROM IDENTITY THEFT, FRAUD, OR A RELATED CRIME, AND PROTECT VICTIMS FROM FURTHER HARM 

Sec. 201. Identity theft report definition. 

Sec. 202. Amendment to protection for files and credit records of protected 

consumers. 

Sec. 203. Enhances fraud alert protections. 

Sec. 204. Amendment to security freezes for consumer reports. 

Sec. 205. Clarification of information to be included with agency disclosures. 

Sec. 206. Provides access to fraud records for victims. 

Sec. 207. Requires Bureau to set procedures for reporting identity theft, fraud, 

and other related crime. 

Sec. 208. Establishes the right to free credit monitoring and identity theft protection services for certain consumers. 

Sec. 209. Ensures removal of inquiries resulting from identity theft, fraud, or 

other related crime from consumer reports. 

TITLE III—MISCELLANEOUS 

Sec. 301. Definitions. 

Sec. 302. Technical correction related to risk-based pricing notices. 

Sec. 303. FCRA findings and purpose; voids certain contracts not in the public 

interest. 

3 SEC. 2. FINDINGS. 

4 Congress finds the following: 


pbinns on DSKJLVW7X2PROD with $$_JOB
3 

•HR 5180 IH

1 (1) GENERAL FINDINGS.— 

2 (A) Consumer reports play an increasingly 

3 important role in the lives of American con4 sumers. Most creditors, for example, review 

5 these reports to make decisions about whether 

6 to extend credit to consumers and what terms 

7 and conditions to offer them. As such, informa8 tion contained in these reports affects whether 

9 a person is able to get a private education loan 

10 to pay for college costs, to secure a mortgage 

11 loan to buy a home, or to obtain a credit card, 

12 as well as the terms and conditions under which 

13 consumer credit products or services are offered 

14 to them. 

15 (B) Credit reports are also increasingly 

16 used for many noncredit decisions, including by 

17 landlords to determine whether to rent an 

18 apartment to a prospective tenant and by em19 ployers to decide whether to hire potential job 

20 applicants or to offer a promotion to existing 

21 employees. 

22 (C) Consumer reporting agencies 

23 (‘‘CRAs’’) have a statutory obligation to verify 

24 independently the accuracy and completeness of 


pbinns on DSKJLVW7X2PROD with $$_JOB
4 

•HR 5180 IH

1 information included on the reports that they 

2 provide. 

3 (D) The nationwide CRAs have failed to 

4 establish and follow reasonable procedures, as 

5 required by existing law, to establish the max6 imum level of accuracy of information contained 

7 on consumer reports. Given the repeated fail8 ures of these CRAs to comply with accuracy re9 quirements on their own, this legislation is in10 tended to provide them with detailed guidance 

11 improving the accuracy and completeness of in12 formation contained in consumer reports, in13 cluding procedures, policies, and practices that 

14 these CRAs should already be following to en15 sure full compliance with their existing obliga16 tions. 

17 (E) The presence of inaccurate or incom18 plete information on these reports can result in 

19 substantial financial and emotional harm to 

20 consumers. Credit reporting errors can lead to 

21 the loss of a new employment opportunity or a 

22 denial of a promotion in an existing job, stop 

23 someone from being able to access credit on fa24 vorable terms, prevent a person from obtaining 

25 rental housing, or even trigger mental distress. 


pbinns on DSKJLVW7X2PROD with $$_JOB
5 

•HR 5180 IH

1 (F) Current industry practices impose an 

2 unfair burden of proof on consumers trying to 

3 fix errors on their reports. 

4 (G) Consumer reports containing inac5 curate or incomplete credit information also un6 dermine the ability of creditors and lenders to 

7 effectively and accurately underwrite and price 

8 credit. 

9 (H) Recognizing that credit reporting af10 fects the lives of almost all consumers in this 

11 country and that the consequences of errors on 

12 a consumer report can be catastrophic for a 

13 consumer, the Bureau of Consumer Financial 

14 Protection (‘‘Consumer Bureau’’) began accept15 ing consumer complaints about credit reporting 

16 shortly after its inception. 

17 (I) The Consumer Bureau receives hun18 dreds of thousands of credit or consumer re19 porting complaints each year, making credit re20 porting consistently the most-complained-about 

21 subject matter on which the Consumer Bureau 

22 accepts consumer complaints. 

23 (J) The majority of credit reporting com24 plaints received by the Consumer Bureau in25 volve incorrect information on consumer reVerDate Sep 11 2014 23:09 Aug 24, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5180.IH H5180

pbinns on DSKJLVW7X2PROD with $$_JOB
6 

•HR 5180 IH

1 ports, with consumers frequently expressing 

2 their frustrations about the burdensome and 

3 time-consuming process to disputing items. 

4 (K) Other common types of credit report5 ing complaints submitted to the Consumer Bu6 reau relate to the improper use of a report, 

7 trouble obtaining a report or credit score, 

8 CRAs’ investigations, and credit monitoring or 

9 identity protection. 

10 (L) Unlike most other business relation11 ships, where consumers can register their satis12 faction or unhappiness with a particular credit 

13 product or service simply by taking their busi14 ness elsewhere, consumers have no say in 

15 whether their information is included in the 

16 CRAs databases and limited legal remedies to 

17 hold the CRAs accountable for inaccuracies or 

18 poor service. 

19 (M) Accordingly, despite the existing statu20 tory mandate for CRAs to follow reasonable 

21 procedures to assure the maximum possible ac22 curacy of the information whenever they pre23 pare consumer reports, numerous studies, the 

24 high volume of consumer complaints submitted 

25 to the Consumer Bureau about incorrect inforVerDate Sep 11 2014 23:09 Aug 24, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H5180.IH H5180

pbinns on DSKJLVW7X2PROD with $$_JOB
7 

•HR 5180 IH

1 mation on consumer reports, and supervisory 

2 activities by the Consumer Bureau demonstrate 

3 that CRAs continue to skirt their obligations 

4 under the law. 

5 (2) PRIVATE EDUCATION LOANS.— 

6 (A) Many private education loan bor7 rowers, who have sought to negotiate a modified 

8 repayment plan when they were experiencing a 

9 period of financial distress, have been unable to 

10 get assistance from their loan holders, which 

11 often results in them defaulting on their loans. 

12 (B) Although private student loan holders 

13 may allow a borrower to postpone payments 

14 while enrolled in school full-time, many limit 

15 this option to a certain time period. This period 

16 may not be sufficient for those who need addi17 tional time to obtain their degree or who want 

18 to continue their education by pursing a grad19 uate or professional degree. Borrowers who are 

20 unable to make payments often default or have 

21 their accounts sent to collections before they are 

22 even able to graduate. 

23 (3) DECEPTIVE PRACTICES AT CERTAIN PRO24 PRIETARY EDUCATION INSTITUTIONS AND CAREER

25 EDUCATION PROGRAMS.— 


pbinns on DSKJLVW7X2PROD with $$_JOB
8 

•HR 5180 IH

1 (A) Observers have repeatedly noted the 

2 pervasive problem of for-profit schools targeting 

3 low-income students with deceptive high-pres4 sure sales techniques involving inflated job 

5 placement rates and misleading data on grad6 uate wages, and false representations about the 

7 transferability of credits and the employability 

8 of graduates in occupations that require licen9 sure. Student loan borrowers at these schools 

10 may be left with nothing but worthless creden11 tials and large debt. 

12 (B) Attending a two-year, for-profit college 

13 costs, on average, four times as much as at14 tending a community college. Students at for15 profit colleges represent only about 9 percent of 

16 the total higher education population but a 

17 startling 46 percent of all Federal student loan 

18 defaults. 

19 (C) A disproportionate number of for-prof20 it students are low-income and people of color. 

21 For-profit schools target veterans, working par22 ents, first-generation students, and non-English 

23 speaking students, who may be more likely than 

24 their public or private nonprofit school counterVerDate Sep 11 2014 23:09 Aug 24, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H5180.IH H5180

pbinns on DSKJLVW7X2PROD with $$_JOB
9 

•HR 5180 IH

1 parts to drop out, incur enormous student debt, 

2 and default on this debt. 

3 (4) MEDICAL DEBT.— 

4 (A) Research by the Consumer Bureau has 

5 found that the inclusion of medical collections 

6 on consumer reports has unfairly reduced con7 sumers’ credit scores. 

8 (B) Credit scores may underestimate a 

9 person’s creditworthiness by up to 10 points for 

10 those who owe medical debt, and may under11 estimate a person’s creditworthiness by up to 

12 22 points after the medical debt has been paid, 

13 according to findings from the Consumer Bu14 reau. 

15 (C) The Consumer Bureau has found that 

16 half of all collections trade lines that appear on 

17 consumer reports are related to medical bills 

18 claimed to be owed to hospitals and other med19 ical providers. These trade lines affect the re20 ports of nearly 1/5 of all consumers in the cred21 it reporting system. 

22 (D) The Consumer Bureau has found that 

23 there are no objective or enforceable standards 

24 that determine when a debt can or should be 

25 reported as a collection trade line. Because debt 


pbinns on DSKJLVW7X2PROD with $$_JOB
10 

•HR 5180 IH

1 buyers and collectors determine whether, when, 

2 and for how long to report a collection account, 

3 there is only a limited relationship between the 

4 time period reported, the severity of a delin5 quency, and when or whether a collection trade 

6 line appears on a consumer’s credit report. 

7 (E) Medical bills can be complex and con8 fusing for many consumers, which results in 

9 consumers’ uncertainty about what they owe, to 

10 whom, when, or for what, that may cause some 

11 people, who ordinarily pay their bills on time, to 

12 delay or withhold payments on their medical 

13 debts. This uncertainty can also result in med14 ical collections appearing on consumer reports. 

15 Unlike with most credit products or services, 

16 that have contractual account disclosures de17 scribing the terms and conditions of use, most 

18 consumers are not told what their out-of-pocket 

19 medical costs will be in advance. Consumers 

20 needing urgent or emergency care rarely know, 

21 or are provided, the cost of a medical treatment 

22 or procedure before the service is rendered. 

23 (F) The presence of medical collections is 

24 less predictive of future defaults or serious deVerDate Sep 11 2014 23:09 Aug 24, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H5180.IH H5180

pbinns on DSKJLVW7X2PROD with $$_JOB
11 

•HR 5180 IH

1 linquencies than the presence of a nonmedical 

2 collection. 

3 (G) Medical debt is regularly incurred in4 voluntarily, for necessary and often life-saving 

5 medical services, and is therefore unlike other 

6 debt. 

7 (H) Given the research showing there is 

8 little predictive value in medical debt informa9 tion, and the unique nature of medical debt, the 

10 reporting of medical debt on credit reports 

11 should be prohibited. 

12 (5) FINANCIAL ABUSE BY KNOWN PERSONS.— 

13 (A) Financial abuse and exploitation are 

14 frequently associated with domestic violence. 

15 This type of abuse may result in fraudulent 

16 charges to a credit card or having fraudulent 

17 accounts created by the abuser in the survivor’s 

18 name. Financial abuse may also result in the 

19 survivor’s inability to make timely payments on 

20 their valid obligations due to loss or changes in 

21 income that can occur when their abuser steals 

22 from or coerces the survivor to relinquish their 

23 paychecks or savings. 

24 (B) By racking up substantial debts in the 

25 survivor’s name, abusers are able to exercise fiVerDate Sep 11 2014 23:09 Aug 24, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H5180.IH H5180

pbinns on DSKJLVW7X2PROD with $$_JOB
12 

•HR 5180 IH

1 nancial control over their survivors to make it 

2 economically difficult for the survivor, whose 

3 credit is often destroyed, to escape the situa4 tion. 

5 (C) Domestic abuse survivors with poor 

6 credit are likely to face significant obstacles in 

7 establishing financial independence from their 

8 abusers. This can be due, in part, because con9 sumer reports may be used when a person at10 tempts to obtain a checking account, housing, 

11 insurance, utilities, employment, and even a se12 curity clearance as required for certain jobs. 

13 (D) Providing documentation of identity 

14 (‘‘ID’’) theft in order to dispute information on 

15 one’s consumer report can be particularly chal16 lenging for those who know their financial 

17 abuser. 

18 (E) While it is easier for consumers who 

19 obtain a police report to remove fraudulent in20 formation from their consumer report and pre21 vent it from reappearing in the future, safety 

22 and other noncredit concerns may impact the 

23 capacity of a survivor of financial abuse com24 mitted by a known person to turn to law en25 forcement to get a police report. 


pbinns on DSKJLVW7X2PROD with $$_JOB
13 

•HR 5180 IH

1 (F) Domestic abuse survivors, seeking to 

2 remove adverse information stemming from fi3 nancial abuse by contacting their furnishers di4 rectly, often face skepticism about claims of ID 

5 theft perpetrated by a partner because of an as6 sumption that they are aware of, and may have 

7 been complicit in, the activity which the sur8 vivor alleges stems from financial abuse. 

9 (6) DECEPTIVE AND MISLEADING MARKETING

10 PRACTICES.— 

11 (A) The three nationwide CRAs have faced 

12 millions of dollars in fines and civil monetary 

13 penalties for deceptive practices, including en14 ticing consumers into purchasing products and 

15 services that they may not want or need, in 

16 some instances by advertising products or serv17 ices ‘‘free’’ that automatically converted into an 

18 ongoing subscription service at the regular price 

19 unless cancelled by the consumer. Codifying the 

20 duties of CRAs is an appropriate way to ensure 

21 these companies do not engage in such mis22 leading behaviors in the future. 

23 (B) Given the ubiquitous use of consumer 

24 reports in consumers’ lives and the fact that 

25 consumers’ participation in the credit reporting 


pbinns on DSKJLVW7X2PROD with $$_JOB
14 

•HR 5180 IH

1 system is involuntary, CRAs should also 

2 prioritize providing consumers with the effective 

3 means to safeguard their personal and financial 

4 information and improve their credit standing, 

5 rather than seeking to exploit consumers’ con6 cerns and confusion about credit reporting and 

7 scoring, to boost their companies’ profits. 

8 (C) Vulnerable consumers, who have legiti9 mate concerns about the security of their per10 sonal and financial information, deserve clear, 

11 accurate, and transparent information about 

12 the credit reporting tools that may be available 

13 to them, such as fraud alerts and freezes. 

14 (7) PROTECTIONS FOR CONSUMERS’ CREDIT IN15 FORMATION.— 

16 (A) Despite heightened awareness, inci17 dents of ID theft continue to rise. As these inci18 dents increase, consumers experience significant 

19 financial loss and emotional distress from the 

20 inability to safeguard effectively and inexpen21 sively their credit information from bad actors. 

22 (B) Children are much more likely than 

23 adults to have their identities stolen. Child iden24 tities are valuable to thieves because most chil25 dren do not have existing files, and their parVerDate Sep 11 2014 23:09 Aug 24, 2023 Jkt 039200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H5180.IH H5180

pbinns on DSKJLVW7X2PROD with $$_JOB
15 

•HR 5180 IH

1 ents may not notice fraudulent activity until 

2 their child applies for a student loan, a job, or 

3 a credit card. As a result, the fraudulent activ4 ity of the bad actors may go undetected for 

5 years. 

6 (C) Despite the increasing incidents of 

7 children’s ID theft, parents who want to 

8 proactively prevent their children from having 

9 their identity stolen, may not be able to do so. 

10 Nationwide Federal law to address this issue is 

11 lacking. 

12 (D) Each year, more than 10 million 

13 American consumers are victims of identity 

14 theft, costing them roughly $20 billion annu15 ally. 

16 (E) American consumers spend billions of 

17 dollars annually on products aimed at pro18 tecting their identity. As risks to consumers’ 

19 personal and financial information continue to 

20 grow, consumers need additional protections to 

21 ensure that they have fair and reasonable ac22 cess to the full suite of ID theft and fraud pre23 vention measures that may be right for them. 


pbinns on DSKJLVW7X2PROD with $$_JOB
16 

•HR 5180 IH

1 SEC. 3. EFFECTIVE DATE. 

2 Except as otherwise specified, the amendments made 

3 by this Act shall take effect 2 years after the date of the 

4 enactment of this Act. 

5 SEC. 4. GENERAL BUREAU RULEMAKING. 

6 Except as otherwise provided, not later than the end 

7 of the 2-year period beginning on the date of the enact8 ment of this Act, the Bureau of Consumer Financial Pro9 tection shall issue final rules to implement the amend10 ments made by this Act. 

11 TITLE I—RESTORING THE IM12 PAIRED CREDIT OF VICTIMS 

13 OF PREDATORY ACTIVITIES 

14 AND UNFAIR CONSUMER RE15 PORTING PRACTICES 

16 SEC. 101. SHORTENS THE TIME PERIOD THAT MOST AD17 VERSE CREDIT INFORMATION STAYS ON CON18 SUMER REPORTS. 

19 (a) IN GENERAL.—Section 605 of the Fair Credit 

20 Reporting Act (15 U.S.C. 1681c) is amended— 

21 (1) in subsection (a)— 

22 (A) by striking ‘‘Except as authorized 

23 under subsection (b), no’’ and inserting ‘‘No’’; 

24 (B) in paragraph (1), by striking ‘‘10 

25 years’’ and inserting ‘‘7 years’’; 


pbinns on DSKJLVW7X2PROD with $$_JOB
17 

•HR 5180 IH

1 (C) in paragraph (2), by striking ‘‘Civil 

2 suits, civil judgments, and records’’ and insert3 ing ‘‘Records’’; 

4 (D) in paragraph (3), by striking ‘‘seven 

5 years’’ and inserting ‘‘4 years’’; 

6 (E) in paragraph (4), by striking ‘‘seven 

7 years’’ and inserting ‘‘4 years, except as pro8 vided in paragraph (8), (10), (11), (12), or 

9 (13), or if deletion is required by section 605D, 

10 605E, or 605F’’; 

11 (F) in paragraph (5)— 

12 (i) by striking ‘‘, other than records of 

13 convictions of crimes’’; and 

14 (ii) by striking ‘‘seven years’’ and in15 serting ‘‘4 years, except if deletion is re16 quired by section 605D, 605E, or 605F’’; 

17 and 

18 (G) by adding at the end the following new 

19 paragraphs: 

20 ‘‘(9) Civil suits and civil judgments (except as 

21 provided in paragraph (8)) that, from date of entry, 

22 antedate the report by more than 4 years or until 

23 the governing statute of limitations has expired, 

24 whichever is the longer period. 

25 ‘‘(10) A civil suit or civil judgment— 


pbinns on DSKJLVW7X2PROD with $$_JOB
18 

•HR 5180 IH

1 ‘‘(A) brought by a private education loan 

2 holder that, from the date of successful comple3 tion of credit restoration or rehabilitation in ac4 cordance with the requirements of section 

5 605E, antedates the report by 45 calendar 

6 days; or 

7 ‘‘(B) brought by a lender with respect to 

8 a covered residential mortgage loan where the 

9 consumer has obtained relief pursuant to sec10 tion 605D that antedates the report by 45 cal11 endar days. 

12 ‘‘(11) Records of convictions of crimes which 

13 antedate the report by more than 7 years. 

14 ‘‘(12) Any other adverse item of information re15 lating to the collection of debt that did not arise 

16 from a contract or an agreement to pay by a con17 sumer, including fines, tickets, and other assess18 ments, as determined by the Bureau, excluding tax 

19 liability.’’; 

20 (2) by striking subsection (b) and redesignating 

21 subsections (c) through (h) as subsections (b) 

22 through (g), respectively; and 

23 (3) in subsection (b) (as so redesignated), by 

24 striking ‘‘7-year period referred to in paragraphs (4) 


pbinns on DSKJLVW7X2PROD with $$_JOB
19 

•HR 5180 IH

1 and (6)’’ and inserting ‘‘4-year period referred to in 

2 paragraphs (4) and (5)’’. 

3 (b) CONFORMING AMENDMENTS.—The Fair Credit 

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

5 (1) in section 616(d), by striking ‘‘section 

6 605(g)’’ each place that term appears and inserting 

7 ‘‘section 605(f)’’; and 

8 (2) in section 625(b)(5)(A), by striking ‘‘section 

9 605(g)’’ and inserting ‘‘section 605(f)’’. 

10 SEC. 102. MANDATES THE EXPEDITED REMOVAL OF FULLY 

11 PAID OR SETTLED DEBT FROM CONSUMER 

12 REPORTS. 

13 Section 605(a) of the Fair Credit Reporting Act (15 

14 U.S.C. 1681c(a)), as amended by section 101(a)(1), is fur15 ther amended by adding at the end the following new para16 graph: 

17 ‘‘(13) Any other adverse item of information re18 lated to a fully paid or settled debt that had been 

19 characterized as delinquent, charged off, or in collec20 tion which, from the date of payment or settlement, 

21 antedates the report by more than 45 calendar 

22 days.’’. 


pbinns on DSKJLVW7X2PROD with $$_JOB
20 

•HR 5180 IH

1 SEC. 103. PROHIBITS THE APPEARANCE OF MEDICAL DEBT 

2 ON CONSUMER REPORTS. 

3 (a) PROHIBITION ON REPORTING MEDICAL PROCE4 DURES.—Section 605(a) of the Fair Credit Reporting Act 

5 (15 U.S.C. 1681c(a)), as amended by section 102, is fur6 ther amended by adding at the end the following new para7 graph: 

8 ‘‘(14) Any information related to a debt arising 

9 from a medical procedure.’’. 

10 (b) TECHNICAL AMENDMENT.—Section 604(g)(1)(C) 

11 of the Fair Credit Reporting Act (15 U.S.C. 

12 1681b(g)(1)(C)) is further amended by striking ‘‘devises’’ 

13 and inserting ‘‘devices’’. 

14 SEC. 104. PROVIDES CREDIT RESTORATION FOR VICTIMS 

15 OF PREDATORY MORTGAGE LENDING AND 

16 SERVICING. 

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

18 (15 U.S.C. 1681 et seq.) is amended by inserting after 

19 section 605C the following new section: 

20 ‘‘§ 605D. Credit restoration for victims of predatory 

21 mortgage lending 

22 ‘‘(a) IN GENERAL.—A consumer reporting agency 

23 may not furnish any consumer report containing any ad24 verse item of information relating to a covered residential 

25 mortgage loan (including the origination and servicing of 

26 such a loan, any loss mitigation activities related to such 


pbinns on DSKJLVW7X2PROD with $$_JOB
21 

•HR 5180 IH

1 a loan, and any foreclosure, deed in lieu of foreclosure, 

2 or short sale related to such a loan), if the action or inac3 tion to which the item of information relates— 

4 ‘‘(1) resulted from an unfair, deceptive, or abu5 sive act or practice, or a fraudulent, discriminatory, 

6 or illegal activity of a financial institution, as deter7 mined by the Bureau or a court of competent juris8 diction; or 

9 ‘‘(2) is related to an unfair, deceptive, or abu10 sive act, practice, or a fraudulent, discriminatory, or 

11 illegal activity of a financial institution that is the 

12 subject of a settlement agreement initiated on behalf 

13 of a consumer or consumers and that is between the 

14 financial institution and an agency or department of 

15 a local, State, or Federal Government, regardless of 

16 whether such settlement includes an admission of 

17 wrongdoing. 

18 ‘‘(b) COVERED RESIDENTIAL MORTGAGE LOAN DE19 FINED.—In this section, the term ‘covered residential 

20 mortgage loan’ means any loan primarily for personal, 

21 family, or household use that is secured by a mortgage, 

22 deed of trust, or other equivalent consensual security in23 terest on a dwelling (as defined in section 103(w) of the 

24 Truth in Lending Act), including a loan in which the pro25 ceeds will be used for— 


pbinns on DSKJLVW7X2PROD with $$_JOB
22 

•HR 5180 IH

1 ‘‘(1) a manufactured home (as defined in sec2 tion 603 of the Housing and Community Develop3 ment Act of 1974 (42 U.S.C. 5402)); 

4 ‘‘(2) any installment sales contract, land con5 tract, or contract for deed on a residential property; 

6 or 

7 ‘‘(3) a reverse mortgage transaction (as defined 

8 in section 103 of the Truth in Lending Act).’’. 

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

10 of contents of the Fair Credit Reporting Act is amended 

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

12 following new item: 

‘‘605D. Credit restoration for victims of predatory mortgage lending.’’. 

13 (c) EFFECTIVE DATE.—The amendments made by 

14 this section shall take effect at the end of the 18-month 

15 period beginning on the date of the enactment of this Act. 

16 SEC. 105. PROVIDES CREDIT RELIEF FOR PRIVATE EDU17 CATION LOANS BORROWERS WHO WERE DE18 FRAUDED OR MISLEAD BY PROPRIETARY 

19 EDUCATION INSTITUTION OR CAREER EDU20 CATION PROGRAMS. 

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

22 (15 U.S.C. 1681 et seq.), as amended by section 104, is 

23 further amended by inserting after section 605D the fol24 lowing new section: 


pbinns on DSKJLVW7X2PROD with $$_JOB
23 

•HR 5180 IH

1 ‘‘§ 605E. Private education loan credit restoration for 

2 defrauded student borrowers who attend 

3 certain proprietary educational institu4 tion or career education programs 

5 ‘‘(a) PROCESS FOR CERTIFICATION AS A QUALIFYING

6 PRIVATE EDUCATION LOAN BORROWER.— 

7 ‘‘(1) IN GENERAL.—A consumer may submit a 

8 request to the Bureau, along with a defraudment 

9 claim, to be certified as a qualifying private edu10 cation loan borrower with respect to a private edu11 cation loan. 

12 ‘‘(2) CERTIFICATION.—The Bureau shall certify 

13 a consumer described in paragraph (1) as a quali14 fying private education loan borrower with respect to 

15 a private education loan if the Bureau or a court of 

16 competent jurisdiction determines that the consumer 

17 has a valid defraudment claim with respect to such 

18 loan. 

19 ‘‘(b) REMOVAL OF ADVERSE INFORMATION.—Upon 

20 receipt of a notice described in subsection (d)(5), a con21 sumer reporting agency shall remove any adverse informa22 tion relating to any private education loan with respect 

23 to which a consumer is a qualifying private education loan 

24 borrower from any consumer report within 45 calendar 

25 days of receipt of such notification. 


pbinns on DSKJLVW7X2PROD with $$_JOB
24 

•HR 5180 IH

1 ‘‘(c) DISCLOSURE.—The Bureau shall disclose the re2 sults of a certification determination in writing to the con3 sumer that provides a clear and concise explanation of the 

4 basis for the determination of whether such consumer is 

5 a qualifying private education loan borrower with respect 

6 to a private education loan and, as applicable, an expla7 nation of the consumer’s right to have adverse information 

8 relating to such loan removed from their consumer report 

9 by a consumer reporting agency. 

10 ‘‘(d) PROCEDURES.—The Bureau shall— 

11 ‘‘(1) establish procedures for a consumer to 

12 submit a request described in subsection (a); 

13 ‘‘(2) establish procedures to efficiently review, 

14 accept, and process such a request; 

15 ‘‘(3) develop ongoing outreach initiatives and 

16 education programs to inform consumers of the cir17 cumstances under which such consumer may be eli18 gible to be certified as a qualifying private education 

19 loan borrower with respect to a private education 

20 loan; 

21 ‘‘(4) establish procedures, including the man22 ner, form, and content of the notice informing a pri23 vate educational loan holder of the prohibition on re24 porting any adverse information relating to a private 


pbinns on DSKJLVW7X2PROD with $$_JOB
25 

•HR 5180 IH

1 education loan with respect to which a consumer is 

2 a qualifying private education loan borrower; and 

3 ‘‘(5) establish procedures, including the man4 ner, form, and content of the notice informing a con5 sumer reporting agency of the obligation to remove 

6 any adverse information as described in subsection 

7 (c). 

8 ‘‘(e) STANDARDIZED REPORTING CODES.—A con9 sumer reporting agency shall develop standardized report10 ing codes for use by private education loan holders to iden11 tify and report a qualifying private education loan bor12 rower’s status of a request to remove any adverse informa13 tion relating to any private education loan with respect 

14 to which such consumer is a qualifying private education 

15 loan borrower. A consumer report in which a person fur16 nishes such codes shall be deemed to comply with the re17 quirements for accuracy and completeness required under 

18 sections 623(a)(1) and 630. Such codes shall not appear 

19 on any report provided to a third party, and shall be re20 moved from the consumer’s credit report upon the success21 ful restoration of the consumer’s credit under this section. 

22 ‘‘(f) DEFRAUDMENT CLAIM DEFINED.—For pur23 poses of this section, the term ‘defraudment claim’ means 

24 a claim made with respect to a consumer who is a bor25 rower of a private education loan with respect to a propriVerDate Sep 11 2014 23:09 Aug 24, 2023 Jkt 039200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H5180.IH H5180

pbinns on DSKJLVW7X2PROD with $$_JOB
26 

•HR 5180 IH

1 etary educational institution or career education program 

2 in which the consumer alleges that— 

3 ‘‘(1) the proprietary educational institution or 

4 career education program— 

5 ‘‘(A) engaged in an unfair, deceptive, or 

6 abusive act or practice, or a fraudulent, dis7 criminatory, or illegal activity— 

8 ‘‘(i) as defined by State law of the 

9 State in which the proprietary educational 

10 institution or career education program is 

11 headquartered or maintains or maintained 

12 significant operations; or 

13 ‘‘(ii) under Federal law; 

14 ‘‘(B) is the subject of an enforcement 

15 order, a settlement agreement, a memorandum 

16 of understanding, a suspension of tuition assist17 ance, or any other action relating to an unfair, 

18 deceptive, or abusive act or practice that is be19 tween the proprietary educational institution or 

20 career education program and an agency or de21 partment of a local, State, or Federal Govern22 ment; or 

23 ‘‘(C) misrepresented facts to students or 

24 accrediting agencies or associations about grad25 uation or gainful employment rates in recogVerDate Sep 11 2014 23:09 Aug 24, 2023 Jkt 039200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H5180.IH H5180

pbinns on DSKJLVW7X2PROD with $$_JOB
27 

•HR 5180 IH

1 nized occupations or failed to provide the 

2 coursework necessary for students to success3 fully obtain a professional certification or de4 gree from the proprietary educational institu5 tion or career education program; or 

6 ‘‘(2) the consumer has submitted a valid de7 fense to repayment claim with respect to such loan, 

8 as determined by the Secretary of Education.’’. 

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

10 of contents of the Fair Credit Reporting Act is amended 

11 by inserting after the item relating to section 605D (as 

12 added by section 104) the following new item: 

‘‘605E. Private education loan credit restoration for defrauded student borrowers who attend certain proprietary educational institution 

or career education programs.’’. 

13 SEC. 106. ESTABLISHES RIGHT FOR VICTIMS OF FINANCIAL 

14 ABUSE TO HAVE ADVERSE INFORMATION RE15 MOVED FROM THEIR CONSUMER REPORTS. 

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

17 (15 U.S.C. 1681 et seq.), as amended by section 105, is 

18 further amended by inserting after section 605E the fol19 lowing: 

20 ‘‘§ 605F. Adverse information in cases of financial 

21 abuse 

22 ‘‘(a) IN GENERAL.—A consumer reporting agency 

23 may not furnish a consumer report containing any adverse 

24 item of information about a consumer that resulted from 


pbinns on DSKJLVW7X2PROD with $$_JOB
28 

•HR 5180 IH

1 financial abuse if the consumer has provided documenta2 tion of financial abuse to the consumer reporting agency. 

3 ‘‘(b) RULEMAKING.— 

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

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

6 Director shall issue rules to implement this section. 

7 ‘‘(2) CONTENTS.—Any rule issued pursuant to 

8 paragraph (1) shall establish a method by which 

9 consumers shall submit documentation of financial 

10 abuse to consumer reporting agencies. 

11 ‘‘(c) DEFINITIONS.—In this section: 

12 ‘‘(1) DOCUMENTATION OF FINANCIAL ABUSE.— 

13 The term ‘documentation of financial abuse’ 

14 means— 

15 ‘‘(A) documentation of— 

16 ‘‘(i) a determination by a Federal or 

17 State government entity that a consumer is 

18 a victim of domestic violence, dating vio19 lence, abuse in later life, or child abuse 

20 and neglect; 

21 ‘‘(ii) a determination by a court of 

22 competent jurisdiction that a consumer is 

23 a victim of domestic violence, dating vio24 lence, abuse in later life, or child abuse 

25 and neglect; 


pbinns on DSKJLVW7X2PROD with $$_JOB
29 

•HR 5180 IH

1 ‘‘(iii) written verification from a 

2 Qualified Third Party to whom the con3 sumer reported financial abuse; or 

4 ‘‘(iv) any other documentation the 

5 Bureau may prescribe; and 

6 ‘‘(B) documentation that identifies items 

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

9 the items resulted from the financial abuse of 

10 which such consumer is a victim. 

11 ‘‘(2) FINANCIAL ABUSE.—The term ‘financial 

12 abuse’ has the meaning given ‘economic abuse’ (as 

13 defined in 40002 of the Violence Against Women 

14 Act of 1994), except such term is not limited to the 

15 context of domestic violence, dating violence, and 

16 abuse in later life. 

17 ‘‘(3) QUALIFIED THIRD PARTY.—The term 

18 ‘Qualified Third Party’ means— 

19 ‘‘(A) a law enforcement officer; 

20 ‘‘(B) a person employed by or working on 

21 behalf of a government agency or nonprofit or22 ganization that provides services to victims of 

23 domestic violence, child abuse or neglect, elder 

24 abuse, economic abuse, or abuse in later life; 


pbinns on DSKJLVW7X2PROD with $$_JOB
30 

•HR 5180 IH

1 ‘‘(C) a member of the clergy of a church, 

2 religious society, or denomination; 

3 ‘‘(D) a physician, psychiatrist, psycholo4 gist, social worker, registered nurse, therapist, 

5 or clinical professional counselor licensed to 

6 practice in any State; or 

7 ‘‘(E) any other person as determined by 

8 the Director of the Bureau. 

9 ‘‘(4) OTHER DEFINITIONS.—The terms ‘abuse 

10 in later life’, ‘child abuse and neglect’, ‘dating vio11 lence’, ‘domestic abuse’, ‘economic abuse’, and ‘elder 

12 abuse’— 

13 ‘‘(A) have the meanings given, respectively, 

14 in section 40002 of the Violence Against 

15 Women Act of 1994; or 

16 ‘‘(B) if such a term, as defined by a State, 

17 affords greater protection to an individual than 

18 the protection provided under this section, have 

19 the meanings given by the relevant State.’’. 

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

21 of contents of the Fair Credit Reporting Act is amended 

22 by inserting after the item relating to section 605E (as 

23 added by section 105) the following new item: 

‘‘605F. Adverse information in cases of financial abuse.’’. 

24 (c) EFFECTIVE DATE.—The amendments made by 

25 this section shall apply on the date that is 30 days after 


pbinns on DSKJLVW7X2PROD with $$_JOB
31 

•HR 5180 IH

1 the date on which the Director of the Bureau of Consumer 

2 Financial Protection issues a rule pursuant to section 

3 605F(b) of the Fair Credit Reporting Act, as added by 

4 this section. 

5 SEC. 107. PROHIBITS TREATMENT OF CREDIT RESTORA6 TION OR REHABILITATION AS ADVERSE IN7 FORMATION. 

8 The Fair Credit Reporting Act (15 U.S.C. 1681 et 

9 seq.) is amended— 

10 (1) by adding at the end the following new sec11 tion: 

12 ‘‘§ 630. Prohibition of certain factors related to Fed13 eral credit restoration or rehabilitation 

14 ‘‘(a) RESTRICTION ON CREDIT SCORING MODELS.— 

15 A credit scoring model may not— 

16 ‘‘(1) take into consideration, in a manner ad17 verse to a consumer’s credit score, any information 

18 in a consumer report concerning the consumer’s par19 ticipation in credit restoration or rehabilitation 

20 under section 605D, 605E, or 605F; or 

21 ‘‘(2) treat negatively, in a manner adverse to a 

22 consumer’s credit score, the absence of payment his23 tory data for an existing account, whether the ac24 count is open or closed, where the absence of such 

25 information is the result of a consumer’s participaVerDate Sep 11 2014 23:09 Aug 24, 2023 Jkt 039200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\H5180.IH H5180

pbinns on DSKJLVW7X2PROD with $$_JOB
32 

•HR 5180 IH

1 tion in credit restoration or rehabilitation under sec2 tion 605D, 605E, or 605F. 

3 ‘‘(b) RESTRICTION ON PERSONS OBTAINING CON4 SUMER REPORTS.—A person who obtains a consumer re5 port may not— 

6 ‘‘(1) take into consideration, in a manner ad7 verse to a consumer, any information in a consumer 

8 report concerning the consumer’s participation in 

9 credit restoration or rehabilitation under section 

10 605D, 605E, or 605F; or 

11 ‘‘(2) treat negatively the absence of payment 

12 history data for an existing account, whether the ac13 count is open or closed, where the absence of such 

14 information is the result of a consumer’s participa15 tion in credit restoration or rehabilitation under sec16 tion 605D, 605E, or 605F. 

17 ‘‘(c) PROHIBITION RELATED TO ADVERSE ACTIONS

18 AND RISK-BASED PRICING DECISIONS.—No person shall 

19 use information related to a consumer’s participation in 

20 credit restoration or rehabilitation under section 605D, 

21 605E, or 605F in connection with any determination of— 

22 ‘‘(1) the consumer’s eligibility or continued eli23 gibility for an extension of credit; 

24 ‘‘(2) the terms and conditions offered to a con25 sumer regarding an extension of credit; or 


pbinns on DSKJLVW7X2PROD with $$_JOB
33 

•HR 5180 IH

1 ‘‘(3) an adverse action made for employment 

2 purposes.’’; and 

3 (2) in the table of contents for such Act, by 

4 adding at the end the following new item: 

‘‘630. Prohibition of certain factors related to Federal credit restoration or rehabilitation.’’. 

5 TITLE II—EXPANDING ACCESS 

6 TO TOOLS TO PROTECT VUL7 NERABLE CONSUMERS FROM 

8 IDENTITY THEFT, FRAUD, OR 

9 A RELATED CRIME, AND PRO10 TECT VICTIMS FROM FUR11 THER HARM 

12 SEC. 201. IDENTITY THEFT REPORT DEFINITION. 

13 Paragraph (4) of section 603(q) of the Fair Credit 

14 Reporting Act (15 U.S.C. 1681a(q)(4)) is amended to 

15 read as follows: 

16 ‘‘(4) IDENTITY THEFT REPORT.—The term 

17 ‘identity theft report’ has the meaning given that 

18 term by rule of the Bureau, and means, at a min19 imum, a report— 

20 ‘‘(A) that is a standardized affidavit that 

21 alleges that a consumer has been a victim of 

22 identity theft, fraud, or a related crime, or has 

23 been harmed by the unauthorized disclosure of 

24 the consumer’s financial or personally identifiVerDate Sep 11 2014 23:09 Aug 24, 2023 Jkt 039200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\H5180.IH H5180

pbinns on DSKJLVW7X2PROD with $$_JOB
34 

•HR 5180 IH

1 able information, that was developed and made 

2 available by the Bureau; or 

3 ‘‘(B)(i) that alleges an identity theft, 

4 fraud, or a related crime, or alleges harm from 

5 the unauthorized disclosure of the consumer’s 

6 financial or personally identifiable information; 

7 ‘‘(ii) that is a copy of an official, valid re8 port filed by a consumer with an appropriate 

9 Federal, State, or local law enforcement agency, 

10 including the United States Postal Inspection 

11 Service, or such other government agency 

12 deemed appropriate by the Bureau; and 

13 ‘‘(iii) the filing of which subjects the per14 son filing the report to criminal penalties relat15 ing to the filing of false information if, in fact, 

16 the information in the report is false.’’. 

17 SEC. 202. AMENDMENT TO PROTECTION FOR FILES AND 

18 CREDIT RECORDS OF PROTECTED CON19 SUMERS. 

20 (a) AMENDMENT TO DEFINITION OF FILE.—Section 

21 603(g) of the Fair Credit Reporting Act (15 U.S.C. 

22 1681a(g)) is amended by inserting ‘‘, except that such 

23 term excludes a record created pursuant to section 

24 605A(j)’’ after ‘‘stored’’. 


pbinns on DSKJLVW7X2PROD with $$_JOB
35 

•HR 5180 IH

1 (b) AMENDMENT TO PROTECTION FOR FILES AND

2 CREDIT RECORDS.—Section 605A(j) of the Fair Credit 

3 Reporting Act (15 U.S.C. 1681c–1(j)) is amended— 

4 (1) in paragraph (1)— 

5 (A) in subparagraph (B)(ii), by striking 

6 ‘‘an incapacitated person or a protected person’’ 

7 and inserting ‘‘a person’’; and 

8 (B) by amending subparagraph (E) to read 

9 as follows: 

10 ‘‘(E) The term ‘security freeze’— 

11 ‘‘(i) has the meaning given in sub12 section (i)(1)(C); and 

13 ‘‘(ii) with respect to a protected con14 sumer for whom the consumer reporting 

15 agency does not have a file, means a 

16 record that is subject to a security freeze 

17 that a consumer reporting agency is pro18 hibited from disclosing to any person re19 questing the consumer report for the pur20 pose of opening a new account involving 

21 the extension of credit.’’; and 

22 (2) in paragraph (4)(D), by striking ‘‘a pro23 tected consumer or a protected consumer’s rep24 resentative under subparagraph (A)(i)’’ and insert25 ing ‘‘a protected consumer described under subparaVerDate Sep 11 2014 23:09 Aug 24, 2023 Jkt 039200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\H5180.IH H5180

pbinns on DSKJLVW7X2PROD with $$_JOB
36 

•HR 5180 IH

1 graph (A)(ii) or a protected consumer’s representa2 tive’’. 

3 SEC. 203. ENHANCES FRAUD ALERT PROTECTIONS. 

4 Section 605A of the Fair Credit Reporting Act (15 

5 U.S.C. 1681c–1) is amended— 

6 (1) in subsection (a)— 

7 (A) in the subsection heading, by striking 

8 ‘‘ONE-CALL’’ and inserting ‘‘ONE-YEAR’’; 

9 (B) in paragraph (1)— 

10 (i) in the paragraph heading, by strik11 ing ‘‘INITIAL ALERTS’’ and inserting ‘‘IN

12 GENERAL’’; 

13 (ii) by inserting ‘‘or harmed by the 

14 unauthorized disclosure of the consumer’s 

15 financial or personally identifiable informa16 tion,’’ after ‘‘identity theft,’’; 

17 (iii) in subparagraph (A), by striking 

18 ‘‘and’’ at the end; 

19 (iv) in subparagraph (B)— 

20 (I) by inserting ‘‘1-year’’ before 

21 ‘‘fraud alert’’; and 

22 (II) by striking the period at the 

23 end and inserting ‘‘; and’’; and 

24 (v) by adding at the end the following 

25 new subparagraph: 


pbinns on DSKJLVW7X2PROD with $$_JOB
37 

•HR 5180 IH

1 ‘‘(C) upon the expiration of the 1-year pe2 riod described in subparagraph (A) or a subse3 quent 1-year period, and in response to a direct 

4 request by the consumer or such representative, 

5 continue the fraud alert for a period of 1 addi6 tional year if the information asserted in this 

7 paragraph remains applicable.’’; and 

8 (C) in paragraph (2)— 

9 (i) by inserting ‘‘1-year’’ before 

10 ‘‘fraud alert’’; 

11 (ii) in subparagraph (A), by inserting 

12 ‘‘and credit score’’ after ‘‘file’’; and 

13 (iii) in subparagraph (B), by striking 

14 ‘‘any request described in subparagraph 

15 (A)’’ and inserting ‘‘the consumer report16 ing agency includes the 1-year fraud alert 

17 in the file of a consumer’’; 

18 (2) in subsection (b)— 

19 (A) in the subsection heading, by striking 

20 ‘‘EXTENDED’’ and inserting ‘‘SEVEN-YEAR’’; 

21 (B) in paragraph (1)— 

22 (i) in subparagraph (B)— 

23 (I) by striking ‘‘5-year period be24 ginning on the date of such request’’ 


pbinns on DSKJLVW7X2PROD with $$_JOB
38 

•HR 5180 IH

1 and inserting ‘‘such 7-year period’’; 

2 and 

3 (II) by striking ‘‘and’’ at the end; 

4 (ii) in subparagraph (C)— 

5 (I) by striking ‘‘extended’’ and 

6 inserting ‘‘7-year’’; and 

7 (II) by striking the period at the 

8 end and inserting ‘‘; and’’; and 

9 (iii) by adding at the end the fol10 lowing new subparagraph: 

11 ‘‘(D) upon the expiration of such 7-year 

12 period or a subsequent 7-year period, and in re13 sponse to a direct request by the consumer or 

14 such representative, continue the fraud alert for 

15 a period of 7 additional years if the consumer 

16 or such representative submits an updated iden17 tity theft report.’’; and 

18 (C) in paragraph (2), by amending sub19 paragraph (A) to read as follows: 

20 ‘‘(A) disclose to the consumer that the con21 sumer may request a free copy of the file and 

22 credit score of the consumer pursuant to section 

23 612(d) during each 12-month period beginning 

24 on the date on which the 7-year fraud alert was 

25 included in the file and ending on the date of 


pbinns on DSKJLVW7X2PROD with $$_JOB
39 

•HR 5180 IH

1 the last day that the 7-year fraud alert applies 

2 to the consumer’s file; and’’; 

3 (3) in subsection (c)— 

4 (A) by redesignating paragraphs (1), (2), 

5 and (3), as subparagraphs (A), (B), and (C), 

6 respectively (and conforming the margins ac7 cordingly); 

8 (B) by striking ‘‘Upon the direct request’’ 

9 and inserting: 

10 ‘‘(1) IN GENERAL.—Upon the direct request’’; 

11 and 

12 (C) by adding at the end the following new 

13 paragraph: 

14 ‘‘(2) ACCESS TO FREE REPORTS AND CREDIT

15 SCORES.—If a consumer reporting agency includes 

16 an active duty alert in the file of an active duty mili17 tary consumer, the consumer reporting agency 

18 shall— 

19 ‘‘(A) disclose to the active duty military 

20 consumer that the active duty military con21 sumer may request a free copy of the file and 

22 credit score of the active duty military con23 sumer pursuant to section 612(d), during each 

24 12-month period beginning on the date that the 

25 activity duty military alert is requested and 


pbinns on DSKJLVW7X2PROD with $$_JOB
40 

•HR 5180 IH

1 ending on the date of the last day the active 

2 duty alert applies to the file of the active duty 

3 military consumer; and 

4 ‘‘(B) provide to the active duty military 

5 consumer all disclosures required to be made 

6 under section 609, without charge to the con7 sumer, not later than 3 business days after any 

8 request described in subparagraph (A).’’; 

9 (4) by amending subsection (d) to read as fol10 lows: 

11 ‘‘(d) PROCEDURES.—Each consumer reporting agen12 cy described in section 603(p) shall include on the 

13 webpage required under subsection (i) policies and proce14 dures to comply with this section, including policies and 

15 procedures— 

16 ‘‘(1) that inform consumers of the availability 

17 of 1-year fraud alerts, 7-year fraud alerts, active 

18 duty alerts, and security freezes (as applicable); 

19 ‘‘(2) that allow consumers to request 1-year 

20 fraud alerts, 7-year fraud alerts, and active duty 

21 alerts (as applicable) and to place, temporarily lift, 

22 or fully remove a security freeze in a simple and 

23 easy manner; and 

24 ‘‘(3) for asserting in good faith a suspicion that 

25 the consumer has been or is about to become a vicVerDate Sep 11 2014 23:09 Aug 24, 2023 Jkt 039200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\H5180.IH H5180

pbinns on DSKJLVW7X2PROD with $$_JOB
41 

•HR 5180 IH

1 tim of identity theft, fraud, or a related crime, or 

2 harmed by the unauthorized disclosure of the con3 sumer’s financial or personally identifiable informa4 tion, for a consumer seeking a 1-year fraud alert or 

5 security freeze.’’; 

6 (5) in subsection (e)— 

7 (A) by inserting ‘‘1-year or 7-year’’ before 

8 ‘‘fraud alert’’; and 

9 (B) by amending paragraph (3) to read as 

10 follows: 

11 ‘‘(3) subparagraphs (A) and (B) of subsection 

12 (c)(1), in the case of a referral under subsection 

13 (c)(1)(C).’’; 

14 (6) in subsection (f), by striking ‘‘or active duty 

15 alert’’ and inserting ‘‘, active duty alert, or security 

16 freeze (as applicable)’’; 

17 (7) in subsection (g)— 

18 (A) by inserting ‘‘or has been harmed by 

19 the unauthorized disclosure of the consumer’s 

20 financial or personally identifiable information, 

21 or to inform such agency of the consumer’s par22 ticipation in credit restoration or rehabilitation 

23 under section 605D, 605E, or 605F,’’ after 

24 ‘‘identity theft,’’; and 


pbinns on DSKJLVW7X2PROD with $$_JOB
42 

•HR 5180 IH

1 (B) by inserting ‘‘or security freezes’’ after 

2 ‘‘request alerts’’; 

3 (8) in subsection (h)— 

4 (A) in paragraph (1)— 

5 (i) in the paragraph heading, by strik6 ing ‘‘INITIAL’’ and inserting ‘‘1-YEAR’’; and 

7 (ii) by striking ‘‘initial’’ and inserting 

8 ‘‘1-year’’ each place such term appears; 

9 and 

10 (B) in paragraph (2)— 

11 (i) in the paragraph heading, by strik12 ing ‘‘EXTENDED’’ and inserting ‘‘7-YEAR’’; 

13 and 

14 (ii) by striking ‘‘extended’’ and insert15 ing ‘‘7-year’’ each place such term appears; 

16 and 

17 (9) in subsection (i)(4)— 

18 (A) by striking subparagraphs (E) and (I); 

19 and 

20 (B) by redesignating subparagraphs (F), 

21 (G), (H), and (J) as subparagraphs (E), (F), 

22 (G), and (H), respectively. 


pbinns on DSKJLVW7X2PROD with $$_JOB
43 

•HR 5180 IH

1 SEC. 204. AMENDMENT TO SECURITY FREEZES FOR CON2 SUMER REPORTS. 

3 (a) IN GENERAL.—Section 605A(i) of the Fair Credit 

4 Reporting Act (15 U.S.C. 1681c–1(i)) is amended— 

5 (1) by amending the subsection heading to read 

6 as follows: ‘‘SECURITY FREEZES FOR CONSUMER

7 REPORTS’’; 

8 (2) in paragraph (3)(E), by striking ‘‘Upon re9 ceiving’’ and all that follows through ‘‘subparagraph 

10 (C),’’ and inserting ‘‘Upon receiving a direct request 

11 from a consumer for a temporary removal of a secu12 rity freeze, a consumer reporting agency shall’’; and 

13 (3) by adding at the end the following: 

14 ‘‘(7) RELATION TO STATE LAW.—This sub15 section does not modify or supersede the laws of any 

16 State relating to security freezes or other similar ac17 tions, except to the extent those laws are incon18 sistent with any provision of this title, and then only 

19 to the extent of the inconsistency. For purposes of 

20 this subsection, a term or provision of a State law 

21 is not inconsistent with the provisions of this sub22 section if the term or provision affords greater pro23 tection to the consumer than the protection provided 

24 under this subsection as determined by the Bu25 reau.’’. 


pbinns on DSKJLVW7X2PROD with $$_JOB
44 

•HR 5180 IH

1 (b) AMENDMENT TO WEB PAGE REQUIREMENTS.— 

2 Section 605A(i)(6)(A) of the Fair Credit Reporting Act 

3 (15 U.S.C. 1681c–1(i)(6)(A)) is amended— 

4 (1) in clause (ii), by striking ‘‘initial fraud 

5 alert’’ and inserting ‘‘1-year fraud alert’’; 

6 (2) in clause (iii), by striking ‘‘extended fraud 

7 alert’’ and inserting ‘‘7-year fraud alert’’; and 

8 (3) in clause (iv), by striking ‘‘fraud’’. 

9 (c) AMENDMENT TO EXCEPTIONS FOR CERTAIN

10 PERSONS.—Section 605A(i)(4)(A) of the Consumer Cred11 it Protection Act (15 U.S.C. 1681c–1(i)(4)(A)) is amend12 ed to read as follows: 

13 ‘‘(A) A person, or the person’s subsidiary, 

14 affiliate, agent, subcontractor, or assignee with 

15 whom the consumer has, or prior to assignment 

16 had, an authorized account, contract, or debtor17 creditor relationship for the purposes of review18 ing the active account or collecting the financial 

19 obligation owed on the account, contract, or 

20 debt.’’. 

21 (d) EFFECTIVE DATE.—The amendments made by 

22 subsection (a) shall take effect on the date of the enact23 ment of this Act. 


pbinns on DSKJLVW7X2PROD with $$_JOB
45 

•HR 5180 IH

1 SEC. 205. CLARIFICATION OF INFORMATION TO BE IN2 CLUDED WITH AGENCY DISCLOSURES. 

3 Section 609(c)(2) of such Act (15 U.S.C. 

4 1681g(c)(2)) is amended— 

5 (1) in subparagraph (B)— 

6 (A) by striking ‘‘consumer reporting agen7 cy described in section 603(p)’’ and inserting 

8 ‘‘consumer reporting agency described in sub9 section (p) or (x) of section 603’’; 

10 (B) by striking ‘‘the agency’’ and inserting 

11 ‘‘such an agency’’; and 

12 (C) by inserting ‘‘and an Internet website 

13 address’’ after ‘‘hours’’; and 

14 (2) in subparagraph (E), by striking ‘‘outdated 

15 under section 605 or’’ and inserting ‘‘outdated, re16 quired to be removed, or’’. 

17 SEC. 206. PROVIDES ACCESS TO FRAUD RECORDS FOR VIC18 TIMS. 

19 Section 609(e) of the Fair Credit Reporting Act (15 

20 U.S.C. 1681g(e)) is amended— 

21 (1) in paragraph (1)— 

22 (A) by striking ‘‘resulting from identity 

23 theft’’; 

24 (B) by striking ‘‘claim of identity theft’’ 

25 and inserting ‘‘claim of fraudulent activity’’; 

26 and 


pbinns on DSKJLVW7X2PROD with $$_JOB
46 

•HR 5180 IH

1 (C) by striking ‘‘any transaction alleged to 

2 be a result of identity theft’’ and inserting ‘‘any 

3 fraudulent transaction’’; 

4 (2) in paragraph (2)(B)— 

5 (A) by striking ‘‘identity theft, at the elec6 tion of the business entity’’ and inserting 

7 ‘‘fraudulent activity’’; 

8 (B) by amending clause (i) to read as fol9 lows: 

10 ‘‘(i) a copy of an identity theft report; 

11 or’’; and 

12 (C) by amending clause (ii) to read as fol13 lows: 

14 ‘‘(ii) an affidavit of fact that is ac15 ceptable to the business entity for that 

16 purpose.’’; 

17 (3) in paragraph (3)(C), by striking ‘‘identity 

18 theft’’ and inserting ‘‘fraudulent activity’’; 

19 (4) by striking paragraph (8) and redesignating 

20 paragraphs (9) through (13) as paragraphs (8) 

21 through (12), respectively; and 

22 (5) in paragraph (10) (as so redesignated), by 

23 striking ‘‘or a similar crime’’ and inserting ‘‘, fraud, 

24 or a related crime’’. 


pbinns on DSKJLVW7X2PROD with $$_JOB
47 

•HR 5180 IH

1 SEC. 207. REQUIRES BUREAU TO SET PROCEDURES FOR 

2 REPORTING IDENTITY THEFT, FRAUD, AND 

3 OTHER RELATED CRIME. 

4 Section 621(f)(2) of the Fair Credit Reporting Act 

5 (15 U.S.C. 1681s(f)(2)) is amended— 

6 (1) in the paragraph heading, by striking 

7 ‘‘MODEL FORM’’ and inserting ‘‘STANDARDIZED AF8 FIDAVIT’’; 

9 (2) by striking ‘‘The Commission’’ and insert10 ing ‘‘The Bureau’’; 

11 (3) by striking ‘‘model form’’ and inserting 

12 ‘‘standardized affidavit’’; 

13 (4) by inserting after ‘‘identity theft’’ the fol14 lowing: ‘‘, fraud, or a related crime, or otherwise are 

15 harmed by the unauthorized disclosure of the con16 sumer’s financial or personally identifiable informa17 tion,’’; and 

18 (5) by striking ‘‘fraud.’’ and inserting ‘‘identity 

19 theft, fraud, or other related crime. Such standard20 ized affidavit and procedures shall not include a re21 quirement that a consumer obtain a police report.’’. 

22 SEC. 208. ESTABLISHES THE RIGHT TO FREE CREDIT MONI23 TORING AND IDENTITY THEFT PROTECTION 

24 SERVICES FOR CERTAIN CONSUMERS. 

25 (a) ENFORCEMENT OF CREDIT MONITORING FOR

26 SERVICEMEMBERS.— 


pbinns on DSKJLVW7X2PROD with $$_JOB
48 

•HR 5180 IH

1 (1) IN GENERAL.—Subsection (k) of section 

2 605A (15 U.S.C. 1681c–1(a)) is amended by strik3 ing paragraph (4). 

4 (2) EFFECTIVE DATE.—This subsection and the 

5 amendments made by this subsection shall take ef6 fect on the date of the enactment of this Act. 

7 (b) FREE CREDIT MONITORING AND IDENTITY

8 THEFT PROTECTION SERVICES FOR CERTAIN CON9 SUMERS.—Subsection (k) of section 605A (15 U.S.C. 

10 1681c–1), is amended to read as follows: 

11 ‘‘(k) CREDIT MONITORING AND IDENTITY THEFT

12 PROTECTION SERVICES.— 

13 ‘‘(1) IN GENERAL.—Upon the direct request of 

14 a consumer, a consumer reporting agency described 

15 in section 603(p) that maintains a file on the con16 sumer and has received appropriate proof of the 

17 identity of the requester (as described in section 

18 1022.123 of title 12, Code of Federal Regulations) 

19 shall provide the consumer with credit monitoring 

20 and identity theft protection services not later than 

21 1 business day after receiving such request sent by 

22 postal mail, toll-free telephone, or secure electronic 

23 means as established by the agency. 

24 ‘‘(2) FEES.— 


pbinns on DSKJLVW7X2PROD with $$_JOB
49 

•HR 5180 IH

1 ‘‘(A) CLASSES OF CONSUMERS.—The Bu2 reau may establish classes of consumers eligible 

3 to receive credit monitoring and identity theft 

4 protection services free of charge. 

5 ‘‘(B) NO FEE.—A consumer reporting 

6 agency described in section 603(p) may not 

7 charge a consumer a fee to receive credit moni8 toring and identity theft protection services if 

9 the consumer or a representative of the con10 sumer— 

11 ‘‘(i) asserts in good faith a suspicion 

12 that the consumer has been or is about to 

13 become a victim of identity theft, fraud, or 

14 a related crime, or harmed by the unau15 thorized disclosure of the consumer’s fi16 nancial or personally identifiable informa17 tion; 

18 ‘‘(ii) is unemployed and intends to 

19 apply for employment in the 60-day period 

20 beginning on the date on which the request 

21 is made; 

22 ‘‘(iii) is a recipient of public welfare 

23 assistance; 

24 ‘‘(iv) is an active duty military con25 sumer or a member of the National Guard 


pbinns on DSKJLVW7X2PROD with $$_JOB
50 

•HR 5180 IH

1 (as defined in section 101(c) of title 10, 

2 United States Code); 

3 ‘‘(v) is 65 years of age or older; or 

4 ‘‘(vi) is a member of a class estab5 lished by the Bureau under subparagraph 

6 (A). 

7 ‘‘(3) BUREAU RULEMAKING.—The Bureau shall 

8 issue regulations— 

9 ‘‘(A) to define the scope of credit moni10 toring and identity theft protection services re11 quired under this subsection; and 

12 ‘‘(B) to set a fair and reasonable fee that 

13 a consumer reporting agency may charge a con14 sumer (other than a consumer described under 

15 paragraph (2)(B)) for such credit monitoring 

16 and identity theft protection services. 

17 ‘‘(4) RELATION TO STATE LAW.—This sub18 section does not modify or supersede of the laws of 

19 any State relating to credit monitoring and identity 

20 theft protection services or other similar actions, ex21 cept to the extent those laws are inconsistent with 

22 any provision of this title, and then only to the ex23 tent of the inconsistency. For purposes of this sub24 section, a term or provision of a State law is not in25 consistent with the provisions of this subsection if 


pbinns on DSKJLVW7X2PROD with $$_JOB
51 

•HR 5180 IH

1 the term or provision affords greater protection to 

2 the consumer than the protection provided under 

3 this subsection as determined by the Bureau.’’. 

4 SEC. 209. ENSURES REMOVAL OF INQUIRIES RESULTING 

5 FROM IDENTITY THEFT, FRAUD, OR OTHER 

6 RELATED CRIME FROM CONSUMER REPORTS. 

7 Section 605(a) of the Fair Credit Reporting Act (15 

8 U.S.C. 1681c(a)), as amended by section 103, is further 

9 amended by adding at the end the following: 

10 ‘‘(17) Information about inquiries made for a 

11 credit report based on requests that the consumer 

12 reporting agency verifies were initiated as the result 

13 of identity theft, fraud, or other related crime.’’. 

14 TITLE III—MISCELLANEOUS 

15 SEC. 301. DEFINITIONS. 

16 Section 603 of the Fair Credit Reporting Act (15 

17 U.S.C. 1681a) is further amended by adding at the end 

18 the following: 

19 ‘‘(bb) DEFINITIONS RELATED TO DAYS.— 

20 ‘‘(1) CALENDAR DAY; DAY.—The term ‘calendar 

21 day’ or ‘day’ means a calendar day, excluding any 

22 federally recognized holiday. 

23 ‘‘(2) BUSINESS DAY.—The term ‘business day’ 

24 means a day between and including Monday to FriVerDate Sep 11 2014 23:09 Aug 24, 2023 Jkt 039200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\H5180.IH H5180

pbinns on DSKJLVW7X2PROD with $$_JOB
52 

•HR 5180 IH

1 day, and excluding any federally recognized holi2 day.’’. 

3 SEC. 302. TECHNICAL CORRECTION RELATED TO RISK4 BASED PRICING NOTICES. 

5 Section 615(h)(8) of the Fair Credit Reporting Act 

6 (15 U.S.C. 1681m) is amended— 

7 (1) in subparagraph (A), by striking ‘‘this sec8 tion’’ and inserting ‘‘this subsection’’; and 

9 (2) in subparagraph (B), by striking ‘‘This sec10 tion’’ and inserting ‘‘This subsection’’. 

11 SEC. 303. FCRA FINDINGS AND PURPOSE; VOIDS CERTAIN 

12 CONTRACTS NOT IN THE PUBLIC INTEREST. 

13 (a) FCRA FINDINGS AND PURPOSE.—Section 602 of 

14 the Fair Credit Reporting Act (15 U.S.C. 1681(a)) is 

15 amended— 

16 (1) in subsection (a)— 

17 (A) by amending paragraph (1) to read as 

18 follows: 

19 ‘‘(1) Many financial and non-financial decisions af20 fecting consumers’ lives depend upon fair, complete, and 

21 accurate credit reporting. Inaccurate and incomplete cred22 it reports directly impair the efficiency of the financial sys23 tem and undermine the integrity of using credit reports 

24 in other circumstances, and unfair credit reporting and 

25 credit scoring methods undermine the public confidence 


pbinns on DSKJLVW7X2PROD with $$_JOB
53 

•HR 5180 IH

1 which is essential to the continued functioning of the fi2 nancial services system and the provision of many other 

3 consumer products and services.’’; and 

4 (B) in paragraph (4), by inserting after 

5 ‘‘agencies’’ the following: ‘‘, furnishers, and 

6 credit scoring developers’’; and 

7 (2) in subsection (b)— 

8 (A) by striking ‘‘It is the purpose of this 

9 title to require’’ and inserting the following: 

10 ‘‘The purpose of this title is the following: 

11 ‘‘(1) To require’’; and 

12 (B) by adding at the end the following: 

13 ‘‘(2) To prohibit any practices and procedures 

14 with respect to credit reports and credit scores that 

15 are not in the public interest.’’. 

16 (b) VOIDING OF CERTAIN CONTRACTS NOT IN THE

17 PUBLIC INTEREST.— 

18 The Fair Credit Reporting Act (15 U.S.C. 1681 

19 et seq.), as amended by section 107, is further 

20 amended— 

21 (1) by adding at the end the following new sec22 tion: 


pbinns on DSKJLVW7X2PROD with $$_JOB
54 

•HR 5180 IH

1 ‘‘§ 631. Voiding of certain contracts not in the public 

2 interest 

3 ‘‘(a) IN GENERAL.—Any provision contained in a 

4 contract that requires a person to not follow a provision 

5 of this title, that is against the public interest, or that 

6 otherwise circumvents the purposes of this title shall be 

7 null and void. 

8 ‘‘(b) RULE OF CONSTRUCTION.—Nothing in sub9 section (a) shall be construed as affecting other provisions 

10 of a contract that are not described under subsection 

11 (a).’’; and 

12 (2) in the table of contents for such Act, by 

13 adding at the end the following new item: 

‘‘631. Voiding of certain contracts not in the public interest.’’. 

Æ 


pbinns on DSKJLVW7X2PROD with $$_JOB