178 
(2) in the table of contents for such Act by add-
ing at the end the following new item: 
‘‘636. Nationwide consumer reporting agencies registry.’’. 
SEC. 707. PROTECTION FOR CERTAIN CONSUMERS AF-
FECTED BY A SHUTDOWN. 
(a) DEFINITION
OF EMPLOYEE AFFECTED
BY
A 
SHUTDOWN.—Section 603 of the Fair Credit Reporting 
Act (15 U.S.C. 1681a), as amended by section 901, is fur-
ther amended by adding at the end the following: 
‘‘(ff) EMPLOYEE AFFECTED
BY
A SHUTDOWN.— 
With respect to a shutdown, the term ‘employee affected 
by a shutdown’ means a consumer who— 
‘‘(1) is an employee of— 
‘‘(A) the Federal Government, and who is 
furloughed or excepted from a furlough during 
the shutdown; 
‘‘(B) the District of Columbia, and who is 
furloughed or excepted from a furlough during 
the shutdown; 
‘‘(C) the District of Columbia Courts, and 
who is furloughed or excepted from a furlough 
during the shutdown; 
‘‘(D) the Public Defender Service for the 
District of Columbia, and who is furloughed or 
excepted from a furlough during the shutdown; 
or
179 
‘‘(E) a Federal contractor (as defined 
under section 7101 of title 41, United States 
Code) or other business, and who has experi-
enced a substantial reduction in pay (directly or 
indirectly) due to the shutdown; and 
‘‘(2) who— 
‘‘(A) is listed in the database established 
under section 63; or 
‘‘(B) has self-certified pursuant to such 
section. 
‘‘(gg) SHUTDOWN.—The term ‘shutdown’ means any 
period in which there is more than a 24-hour lapse in ap-
propriations as a result of a failure to enact a regular ap-
propriations bill or continuing resolution. 
‘‘(hh) COVERED SHUTDOWN PERIOD.—The term 
‘covered shutdown period’ means, with respect to a shut-
down, the period beginning on the first day of the shut-
down and ending on the date that is 90 days after the 
last day of the shutdown.’’. 
(b) EXCLUSION FOR EMPLOYEES AFFECTED BY A 
SHUTDOWN.—Section 605(a) of the Fair Credit Reporting 
Act (15 U.S.C. 1681c(a)), as amended by section 809, is 
further amended by adding at the end the following: 
‘‘(18) Any adverse item of information with re-
spect to an action or inaction taken during a covered
180 
shutdown period by an employee affected by a shut-
down.’’. 
(c) AMENDMENT TO SUMMARY OF RIGHTS FOR EM-
PLOYEES AFFECTED BY A SHUTDOWN.—Section 609(a) 
of the Fair Credit Reporting Act (15 U.S.C. 1681g(a)) 
is amended by adding at the end the following: 
‘‘(7) Information on the rights of an employee 
affected by a shutdown, including which consumers 
may be an employee affected by a shutdown and the 
process for a consumer to self-certify as an employee 
affected by a shutdown under section 637.’’. 
(d) DATABASE AND SELF-CERTIFICATION FOR EM-
PLOYEES AFFECTED BY A SHUTDOWN.— 
(1) IN GENERAL.—The Fair Credit Reporting 
Act (15 U.S.C. 1681 et seq.), as amended by section 
706, is further amended by adding at the end the 
following new section: 
‘‘§ 637. Database and self-certification for employees 
affected by a shutdown 
‘‘(a) DATABASE.— 
‘‘(1) IN GENERAL.—With respect to each shut-
down, the consumer reporting agencies described in 
section 603(p) shall jointly establish a database that 
includes employees affected by the shutdown as re-
ported pursuant to paragraph (2).
181 
‘‘(2) CONTENTS OF DATABASE.— 
‘‘(A) FURLOUGHED EMPLOYEES AND CON-
TRACTORS.—Each authority of the executive, 
legislative, or judicial branch of the Federal 
Government or District of Columbia shall pro-
vide to the consumer reporting agencies de-
scribed in section 603(p) a list identifying— 
‘‘(i) employees of such authority that 
are furloughed, excepted from furlough, or 
not receiving pay because of a shutdown; 
and 
‘‘(ii) to the extent practicable, employ-
ees of contractors of such authority. 
‘‘(B) 
SELF-CERTIFIED
CONSUMERS.—A 
consumer that self-certifies as an employee af-
fected by a shutdown pursuant to subsection 
(b) shall be included in the database, unless the 
Bureau determines such consumer is not an 
employee affected by a shutdown. 
‘‘(3) ACCESS TO DATABASE.—The consumer re-
porting agencies described in section 603(p) shall 
make the database established under this subsection 
available to the Bureau, other consumer reporting 
agencies, furnishers of information to consumer re-
porting agencies, and users of consumer reports. A
182 
consumer reporting agency described in section 
603(x) shall periodically access the database to con-
firm the accuracy of information such an agency has 
that identifies a consumer as an employee affected 
by a shutdown. 
‘‘(b) SELF-CERTIFICATION PROCESS.—A consumer 
shall be deemed to be an employee affected by a shutdown 
if such consumer self-certifies through— 
‘‘(1) the website established under subsection 
(c); or 
‘‘(2) a toll-free telephone number established by 
a consumer reporting agency. 
‘‘(c) WEBSITE.—The consumer reporting agencies 
described in section 603(p) shall jointly establish a website 
for a consumer to self-certify as an employee affected by 
a shutdown. Such website may not include any advertise-
ment or other solicitation. 
‘‘(d) OPT-OUT.—The consumer reporting agencies 
described in section 603(p) shall provided a process 
through the website described under subsection (c) for 
consumers to opt-out of having their name included in the 
database established under this section.’’. 
(2) TABLE OF CONTENTS AMENDMENT.—The 
table of contents of the Fair Credit Reporting Act,
183 
as amended by section 706, is further amended by 
adding at the end the following new item: 
‘‘637. Database and self-certification for employees affected by a shutdown.’’. 
(e) PROHIBITION ON ADVERSE ACTIONS AGAINST 
EMPLOYEES AFFECTED BY A SHUTDOWN.—Section 604 
of the Fair Credit Reporting Act (15 U.S.C. 1681b) is 
amended by adding at the end the following: 
‘‘(h) PROHIBITION ON ADVERSE ACTIONS AGAINST 
EMPLOYEES AFFECTED BY A SHUTDOWN.—If a user of 
a consumer report knows that a consumer is an employee 
affected by a shutdown, such user may not take an adverse 
action based on— 
‘‘(1) any adverse item of information contained 
in such report with respect to an action or inaction 
taken during a covered shutdown period by the em-
ployee; or 
‘‘(2) information on the consumer included in 
the database established under section 637.’’. 
(f) BUREAU
REGULATIONS
OR
GUIDANCE.—Not 
later than 30 days after the date of the enactment of this 
Act, the Director of the Bureau of Consumer Financial 
Protection shall issue rules or guidance, as appropriate, 
to carry out the requirements of this Act.
184 
TITLE 
VIII—PROTECTIONS 
AGAINST 
IDENTITY 
THEFT, 
FRAUD, 
OR 
A 
RELATED 
CRIME 
SEC. 801. IDENTITY THEFT REPORT DEFINITION. 
(a) IN GENERAL.—Paragraph (4) of section 603(q) 
of the Fair Credit Reporting Act (15 U.S.C. 1681a(q)(4)) 
is amended to read as follows: 
‘‘(4) IDENTITY
THEFT
REPORT.—The term 
‘identity theft report’ has the meaning given that 
term by rule of the Bureau, and means, at a min-
imum, a report— 
‘‘(A) that is a standardized affidavit that 
alleges that a consumer has been a victim of 
identity theft, fraud, or a related crime, or has 
been harmed by the unauthorized disclosure of 
the consumer’s financial or personally identifi-
able information, that was developed and made 
available by the Bureau; or 
‘‘(B)(i) that alleges an identity theft, 
fraud, or a related crime, or alleges harm from 
the unauthorized disclosure of the consumer’s 
financial or personally identifiable information; 
‘‘(ii) that is a copy of an official, valid re-
port filed by a consumer with an appropriate
185 
Federal, State, or local law enforcement agency 
(including the United States Postal Inspection 
Service), or such other government agency 
deemed appropriate by the Bureau; and 
‘‘(iii) the filing of which subjects the per-
son filing the report to criminal penalties relat-
ing to the filing of false information if the in-
formation in the report is actually false.’’. 
(b) RULEMAKING.—Not later than the end of the 2- 
year period beginning on the date of enactment of this 
Act, the Director of the Bureau of Consumer Financial 
Protection shall issue final rules to carry out the amend-
ment made by subsection (a). 
SEC. 802. AMENDMENT TO PROTECTION FOR FILES AND 
CREDIT 
RECORDS 
OF 
PROTECTED 
CON-
SUMERS. 
(a) AMENDMENT TO DEFINITION OF ‘‘FILE’’.—Sec-
tion 603(g) of the Fair Credit Reporting Act (15 U.S.C. 
1681a(g)) is amended by inserting ‘‘, except that such 
term excludes a record created pursuant to section 
605A(j)’’ after ‘‘stored’’. 
(b) AMENDMENT TO PROTECTION FOR FILES AND 
CREDIT RECORDS.—Section 605A(j) of the Fair Credit 
Reporting Act (15 U.S.C. 1681c–1(j)) is amended— 
(1) in paragraph (1)—
186 
(A) in subparagraph (B)(ii), by striking 
‘‘an incapacitated person or a protected person’’ 
and inserting ‘‘a person’’; and 
(B) by amending subparagraph (E) to read 
as follows: 
‘‘(E) The term ‘security freeze’— 
‘‘(i) has the meaning given in sub-
section (i)(1)(C); and 
‘‘(ii) with respect to a protected con-
sumer for whom the consumer reporting 
agency does not have a file, means a 
record that is subject to a security freeze 
that a consumer reporting agency is pro-
hibited from disclosing to any person re-
questing the consumer report for the pur-
pose of opening a new account involving 
the extension of credit.’’; and 
(2) in paragraph (4)(D), by striking ‘‘a pro-
tected consumer or a protected consumer’s rep-
resentative under subparagraph (A)(i)’’ and insert-
ing ‘‘a protected consumer described under subpara-
graph (A)(ii) or a protected consumer’s representa-
tive’’.
187 
SEC. 803. ENHANCEMENT TO FRAUD ALERT PROTECTIONS. 
Section 605A of the Fair Credit Reporting Act (15 
U.S.C. 1681c–1) is amended— 
(1) in subsection (a)— 
(A) in the subsection heading, by striking 
‘‘ONE-CALL’’ and inserting ‘‘1-YEAR’’; 
(B) in paragraph (1)— 
(i) in the paragraph heading, by strik-
ing ‘‘INITIAL ALERTS’’ and inserting ‘‘IN 
GENERAL’’; 
(ii) by inserting ‘‘or has been or is 
about to be harmed by the unauthorized 
disclosure of the consumer’s financial or 
personally identifiable information,’’ after 
‘‘identity theft,’’; 
(iii) in subparagraph (A)— 
(I) by inserting ‘‘(which period 
may be extended upon request of the 
consumer or such representative)’’ 
after ‘‘1 year’’; and 
(II) by striking ‘‘and’’ at the end; 
(iv) in subparagraph (B)— 
(I) by inserting ‘‘1-year’’ before 
‘‘fraud alert’’; and 
(II) by striking the period at the 
end and inserting ‘‘; and’’; and
188 
(v) by adding at the end the following 
new subparagraph: 
‘‘(C) upon the expiration of the period de-
scribed in subparagraph (A) or any extension of 
such period, and in response to a direct request 
by the consumer or such representative, con-
tinue the fraud alert for a period of 1 addi-
tional year if the information asserted in this 
paragraph remains applicable.’’; and 
(C) in paragraph (2)— 
(i) in the paragraph heading, by in-
serting ‘‘AND
CREDIT
OR
EDUCATIONAL 
CREDIT SCORES’’ after ‘‘REPORTS’’; 
(ii) by inserting ‘‘1-year’’ before 
‘‘fraud alert’’; 
(iii) in subparagraph (A), by inserting 
‘‘and credit score or educational credit 
score’’ after ‘‘file’’; and 
(iv) in subparagraph (B), by striking 
‘‘any request described in subparagraph 
(A)’’ and inserting ‘‘the consumer report-
ing agency includes the 1-year fraud alert 
in the file of a consumer’’; 
(2) in subsection (b)—
189 
(A) in the subsection heading, by striking 
‘‘EXTENDED’’ and inserting ‘‘7-YEAR’’; 
(B) in paragraph (1)— 
(i) in subparagraph (A), by inserting 
‘‘(which period may be extended upon re-
quest of the consumer or such representa-
tive)’’ after ‘‘7-year period beginning on 
the date of such request’’; 
(ii) in subparagraph (B)— 
(I) by striking ‘‘the 5-year period 
beginning on the date of such re-
quest’’ and inserting ‘‘such 7-year pe-
riod (including any extension of such 
period)’’; and 
(II) by striking ‘‘and’’ at the end; 
(iii) in subparagraph (C)— 
(I) by striking ‘‘extended’’ and 
inserting ‘‘7-year’’; and 
(II) by striking the period at the 
end and inserting ‘‘; and’’; and 
(iv) by adding at the end the following 
new subparagraph: 
‘‘(D) upon the expiration of such 7-year 
period or any extension of such period, and in 
response to a direct request by the consumer or
190 
such representative, continue the fraud alert for 
a period of 7 additional years if the consumer 
or such representative submits an updated iden-
tity theft report.’’; and 
(C) in paragraph (2)— 
(i) in the paragraph heading, by in-
serting ‘‘AND
CREDIT
OR
EDUCATIONAL 
CREDIT SCORES’’ after ‘‘REPORTS’’; and 
(ii) by amending subparagraph (A) to 
read as follows: 
‘‘(A) disclose to the consumer that the con-
sumer may request a free copy of the file and 
credit score or educational credit score of the 
consumer pursuant to section 612(d) during 
each 12-month period beginning on the date on 
which the 7-year fraud alert was included in the 
file and ending on the date of the last day that 
the 7-year fraud alert applies to the consumer’s 
file; and’’; 
(3) in subsection (c)— 
(A) in paragraph (1), by inserting ‘‘or edu-
cational credit score’’ after ‘‘credit score’’; 
(B) by redesignating paragraphs (1), (2), 
and (3), as subparagraphs (A), (B), and (C),
191 
respectively (and conforming the margins ac-
cordingly); 
(C) by striking ‘‘Upon the direct request’’ 
and inserting: 
‘‘(1) IN GENERAL.—Upon the direct request’’; 
and 
(D) by adding at the end the following new 
paragraph: 
‘‘(2) ACCESS TO FREE REPORTS AND CREDIT 
OR EDUCATIONAL CREDIT SCORES.—If a consumer 
reporting agency includes an active duty alert in the 
file of an active duty uniformed consumer, the con-
sumer reporting agency shall— 
‘‘(A) disclose to the active duty uniformed 
consumer that the active duty uniformed con-
sumer may request a free copy of the file and 
credit score or educational credit score of the 
active duty uniformed consumer pursuant to 
section 612(d), during each 12-month period 
beginning on the date that the activity duty 
alert is requested and ending on the date of the 
last day the active duty alert applies to the file 
of the active duty uniformed consumer; and 
‘‘(B) provide to the active duty uniformed 
consumer all disclosures required to be made
192 
under section 609, without charge to the con-
sumer, not later than 3 business days after any 
request described in subparagraph (A).’’; 
(4) by amending subsection (d) to read as fol-
lows: 
‘‘(d) PROCEDURES.—Each consumer reporting agen-
cy described in section 603(p) shall include on the 
webpage required under subsection (i) policies and proce-
dures to comply with this section, including policies and 
procedures— 
‘‘(1) that inform consumers of the availability 
of 1-year fraud alerts, 7-year fraud alerts, active 
duty alerts, and security freezes (as applicable); 
‘‘(2) that allow consumers to request 1-year 
fraud alerts, 7-year fraud alerts, and active duty 
alerts (as applicable) and to place, temporarily lift, 
or fully remove a security freeze in a simple and 
easy manner; and 
‘‘(3) for asserting in good faith a suspicion that 
the consumer has been or is about to become a vic-
tim of identity theft, fraud, or a related crime, or 
harmed by the unauthorized disclosure of the con-
sumer’s financial or personally identifiable informa-
tion, for a consumer seeking a 1-year fraud alert or 
security freeze.’’;
193 
(5) in subsection (e), by inserting ‘‘1-year or 7- 
year’’ before ‘‘fraud alert’’; 
(6) in subsection (f), by striking ‘‘or active duty 
alert’’ and inserting ‘‘active duty alert, or security 
freeze (as applicable)’’; 
(7) in subsection (g)— 
(A) by inserting ‘‘or has been harmed by 
the unauthorized disclosure of the consumer’s 
financial or personally identifiable information, 
or to inform such agency of the consumer’s par-
ticipation in credit restoration or rehabilitation 
under section 605C, 605D, or 605E,’’ after 
‘‘identity theft,’’; and 
(B) by inserting ‘‘or security freezes’’ after 
‘‘request alerts’’; 
(8) in subsection (h)— 
(A) in paragraph (1)— 
(i) in the paragraph heading, by strik-
ing ‘‘INITIAL’’ and inserting ‘‘1-YEAR’’; and 
(ii) by striking ‘‘initial’’ and inserting 
‘‘1-year’’ each place such term appears; 
and 
(B) in paragraph (2)—
194 
(i) in the paragraph heading, by strik-
ing ‘‘EXTENDED’’ and inserting ‘‘7-YEAR’’; 
and 
(ii) by striking ‘‘extended’’ and insert-
ing ‘‘7-year’’ each place such term appears; 
and 
(9) in subsection (i)(4)— 
(A) by striking subparagraphs (E) and (I); 
and 
(B) by redesignating subparagraphs (F), 
(G), (H), and (J) as subparagraphs (E), (F), 
(G), and (H), respectively. 
SEC. 804. AMENDMENT TO SECURITY FREEZES FOR CON-
SUMER REPORTS. 
(a) IN GENERAL.—Section 605A(i) of the Fair Credit 
Reporting Act (15 U.S.C. 1681c–1(i)) is amended— 
(1) by amending the subsection heading to read 
as follows: ‘‘SECURITY FREEZES
FOR CONSUMER 
REPORTS’’; 
(2) in paragraph (3)(E), by striking ‘‘Upon re-
ceiving’’ and all that follows through ‘‘subparagraph 
(C),’’ and inserting ‘‘Upon receiving a direct request 
from a consumer for a temporary removal of a secu-
rity freeze, a consumer reporting agency shall’’; 
(3) by adding at the end the following:
195 
‘‘(7) RELATION
TO
STATE
LAW.—This sub-
section does not modify or supersede the laws of any 
State relating to security freezes or other similar ac-
tions, except to the extent those laws are incon-
sistent with any provision of this title, and then only 
to the extent of the inconsistency. For purposes of 
this subsection, a term or provision of a State law 
is not inconsistent with the provisions of this sub-
section if the term or provision affords greater pro-
tection to the consumer than the protection provided 
under this subsection as determined by the Bu-
reau.’’. 
(b) AMENDMENT TO WEBPAGE REQUIREMENTS.— 
Section 605A(i)(6)(A) of the Fair Credit Reporting Act 
(15 U.S.C. 1681c–1(i)(6)(A)) is amended— 
(1) in clause (ii), by striking ‘‘initial fraud 
alert’’ and inserting ‘‘1-year fraud alert’’; 
(2) in clause (iii), by striking ‘‘extended fraud 
alert’’ and inserting ‘‘7-year fraud alert’’; and 
(3) in clause (iv), by striking ‘‘fraud’’. 
(c) AMENDMENT
TO EXCEPTIONS
FOR CERTAIN 
PERSONS.—Section 605A(i)(4)(A) of the Fair Credit Re-
porting Act (15 U.S.C. 1681c–1(i)(4)(A)) is amended to 
read as follows:
196 
‘‘(A) A person, or the person’s subsidiary, 
affiliate, agent, subcontractor, or assignee with 
whom the consumer has, or prior to assignment 
had, an authorized account, contract, or debtor- 
creditor relationship for the purposes of review-
ing the active account or collecting the financial 
obligation owed on the account, contract, or 
debt.’’. 
(d) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect on the date of the enact-
ment of this Act. 
SEC. 805. CLARIFICATION OF INFORMATION TO BE IN-
CLUDED WITH AGENCY DISCLOSURES. 
Section 609(c)(2) of the Fair Credit Reporting Act 
(15 U.S.C. 1681g(c)(2)) is amended— 
(1) in subparagraph (B)— 
(A) by striking ‘‘consumer reporting agen-
cy described in section 603(p)’’ and inserting 
‘‘consumer reporting agency described in sub-
section (p) or (x) of section 603’’; 
(B) by striking ‘‘the agency’’ and inserting 
‘‘such an agency’’; and 
(C) by inserting ‘‘and an Internet website 
address’’ after ‘‘hours’’; and
197 
(2) in subparagraph (E), by striking ‘‘outdated 
under section 605 or’’ and inserting ‘‘outdated, re-
quired to be removed, or’’. 
SEC. 806. PROVIDES ACCESS TO FRAUD RECORDS FOR VIC-
TIMS. 
Section 609(e) of the Fair Credit Reporting Act (15 
U.S.C. 1681g(e)) is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘resulting from identity 
theft’’; 
(B) by striking ‘‘claim of identity theft’’ 
and inserting ‘‘claim of fraudulent activity’’; 
and 
(C) by striking ‘‘any transaction alleged to 
be a result of identity theft’’ and inserting ‘‘any 
fraudulent transaction’’; 
(2) in paragraph (2)(B)— 
(A) by striking ‘‘identity theft, at the elec-
tion of the business entity’’ and inserting 
‘‘fraudulent activity’’; 
(B) by amending clause (i) to read as fol-
lows: 
‘‘(i) a copy of an identity theft report; 
or’’; and
198 
(C) by amending clause (ii) to read as fol-
lows: 
‘‘(ii) an affidavit of fact that is ac-
ceptable to the business entity for that 
purpose.’’; 
(3) in paragraph (3), by striking ‘‘identity 
theft’’ and inserting ‘‘fraudulent activity’’; 
(4) by striking paragraph (8) and redesignating 
paragraphs (9) through (13) as paragraphs (8) 
through (12), respectively; and 
(5) in paragraph (10) (as so redesignated), by 
striking ‘‘or a similar crime’’ and inserting ‘‘, fraud, 
or a related crime’’. 
SEC. 807. REQUIRED BUREAU TO SET PROCEDURES FOR 
REPORTING IDENTITY THEFT, FRAUD, AND 
OTHER RELATED CRIME. 
Section 621(f)(2) of the Fair Credit Reporting Act 
(15 U.S.C. 1681s(f)(2)) is amended— 
(1) in the paragraph heading, by striking 
‘‘MODEL FORM’’ and inserting ‘‘STANDARDIZED AF-
FIDAVIT’’; 
(2) by striking ‘‘The Commission’’ and insert-
ing ‘‘The Bureau’’; 
(3) by striking ‘‘model form’’ and inserting 
‘‘standardized affidavit’’;
199 
(4) by inserting after ‘‘identity theft’’ the fol-
lowing: ‘‘, fraud, or a related crime, or otherwise are 
harmed by the unauthorized disclosure of the con-
sumer’s financial or personally identifiable informa-
tion,’’; and 
(5) by striking ‘‘fraud.’’ and inserting ‘‘identity 
theft, fraud, or other related crime. Such standard-
ized affidavit and procedures shall not include a re-
quirement that a consumer obtain a police report.’’. 
SEC. 808. ESTABLISHES THE RIGHT TO FREE CREDIT MONI-
TORING AND IDENTITY THEFT PROTECTION 
SERVICES FOR CERTAIN CONSUMERS. 
(a) ENFORCEMENT
OF CREDIT MONITORING
FOR 
SERVICEMEMBERS.— 
(1) IN
GENERAL.—Subsection (k) of section 
605A (15 U.S.C. 1681c–1(a)) is amended by strik-
ing paragraph (4). 
(2) EFFECTIVE DATE.—This subsection and the 
amendment made by this subsection shall take effect 
on the date of the enactment of this Act. 
(b) FREE
CREDIT
MONITORING
AND
IDENTITY 
THEFT
PROTECTION
SERVICES
FOR
CERTAIN
CON-
SUMERS.—Subsection (k) of section 605A (15 U.S.C. 
1681c–1), is amended to read as follows:
200 
‘‘(k) CREDIT MONITORING AND IDENTITY THEFT 
PROTECTION SERVICES.— 
‘‘(1) IN GENERAL.—Upon the direct request of 
a consumer, a consumer reporting agency described 
in section 603(p) that maintains a file on the con-
sumer and has received appropriate proof of the 
identity of the requester (as described in section 
1022.123 of title 12, Code of Federal Regulations) 
shall provide the consumer with credit monitoring 
and identity theft protection services not later than 
1 business day after receiving such request sent by 
postal mail, toll-free telephone, or secure electronic 
means as established by the agency. 
‘‘(2) FEES.— 
‘‘(A) CLASSES OF CONSUMERS.—The Bu-
reau may establish classes of consumers eligible 
to receive credit monitoring and identity theft 
protection services free of charge. 
‘‘(B) NO
FEE.—A consumer reporting 
agency described in section 603(p) may not 
charge a consumer a fee to receive credit moni-
toring and identity theft protection services if 
the consumer or a representative of the con-
sumer—
201 
‘‘(i) asserts in good faith a suspicion 
that the consumer has been or is about to 
become a victim of identity theft, fraud, or 
a related crime, or harmed by the unau-
thorized disclosure of the consumer’s fi-
nancial or personally identifiable informa-
tion; 
‘‘(ii) is unemployed and intends to 
apply for employment in the 60-day period 
beginning on the date on which the request 
is made; 
‘‘(iii) is a recipient of public welfare 
assistance; 
‘‘(iv) is an active duty uniformed con-
sumer or a member of the National Guard 
(as defined in section 101(c) of title 10, 
United States Code); 
‘‘(v) is 65 years of age or older; or 
‘‘(vi) is a member of a class estab-
lished by the Bureau under subparagraph 
(A). 
‘‘(3) BUREAU RULEMAKING.—The Bureau shall 
issue regulations—
202 
‘‘(A) to define the scope of credit moni-
toring and identity theft protection services re-
quired under this subsection; and 
‘‘(B) to set a fair and reasonable fee that 
a consumer reporting agency may charge a con-
sumer (other than a consumer described under 
paragraph (2)(B)) for such credit monitoring 
and identity theft protection services. 
‘‘(4) RELATION
TO
STATE
LAW.—This sub-
section does not modify or supersede of the laws of 
any State relating to credit monitoring and identity 
theft protection services or other similar actions, ex-
cept to the extent those laws are inconsistent with 
any provision of this title, and then only to the ex-
tent of the inconsistency. For purposes of this sub-
section, a term or provision of a State law is not in-
consistent with the provisions of this subsection if 
the term or provision affords greater protection to 
the consumer than the protection provided under 
this subsection as determined by the Bureau.’’. 
(c) RULEMAKING.—Not later than the end of the 2- 
year period beginning on the date of enactment of this 
Act, the Director of the Bureau of Consumer Financial 
Protection shall issue final rules to carry out the amend-
ment made by subsection (b).
203 
SEC. 809. ENSURES REMOVAL OF INQUIRIES RESULTING 
FROM IDENTITY THEFT, FRAUD, OR OTHER 
RELATED CRIME FROM CONSUMER REPORTS. 
Section 605(a) of the Fair Credit Reporting Act (15 
U.S.C. 1681c(a)), as amended by section 403, is further 
amended by adding at the end the following: 
‘‘(17) Information about inquiries made for a 
credit report based on requests that the consumer 
reporting agency verifies were initiated as the result 
of identity theft, fraud, or other related crime.’’. 
TITLE IX—MISCELLANEOUS 
SEC. 901. DEFINITIONS. 
Section 603 of the Fair Credit Reporting Act (15 
U.S.C. 1681a), as amended by section 302, is further 
amended by adding at the end the following: 
‘‘(dd) DEFINITIONS RELATED TO DAYS.— 
‘‘(1) CALENDAR DAY; DAY.—The term ‘calendar 
day’ or ‘day’ means a calendar day, excluding any 
federally recognized holiday. 
‘‘(2) BUSINESS DAY.—The term ‘business day’ 
means a day between and including Monday to Fri-
day, and excluding any federally recognized holi-
day.’’.
204 
SEC. 902. TECHNICAL CORRECTION RELATED TO RISK- 
BASED PRICING NOTICES. 
Section 615(h)(8) of the Fair Credit Reporting Act 
(15 U.S.C. 1681m) is amended— 
(1) in subparagraph (A), by striking ‘‘this sec-
tion’’ and inserting ‘‘this subsection’’; and 
(2) in subparagraph (B), by striking ‘‘This sec-
tion’’ and inserting ‘‘This subsection’’. 
SEC. 903. FCRA FINDINGS AND PURPOSE; VOIDS CERTAIN 
CONTRACTS NOT IN THE PUBLIC INTEREST. 
(a) FCRA FINDINGS AND PURPOSE.—Section 602 of 
the Fair Credit Reporting Act (15 U.S.C. 1681(a)) is 
amended— 
(1) in subsection (a)— 
(A) by amending paragraph (1) to read as 
follows: 
‘‘(1) Many financial and non-financial decisions af-
fecting consumers’ lives depend upon fair, complete, and 
accurate credit reporting. Inaccurate and incomplete cred-
it reports directly impair the efficiency of the financial sys-
tem and undermine the integrity of using credit reports 
in other circumstances, and unfair credit reporting and 
credit scoring methods undermine the public confidence 
which is essential to the continued functioning of the fi-
nancial services system and the provision of many other 
consumer products and services.’’; and
205 
(B) in paragraph (4), by inserting after 
‘‘agencies’’ the following: ‘‘, furnishers, and 
credit scoring developers’’; and 
(2) in subsection (b)— 
(A) by striking ‘‘It is the purpose of this 
title to require’’ and inserting the following: 
‘‘The purpose of this title is the following: 
‘‘(1) To require’’; and 
(B) by adding at the end the following: 
‘‘(2) To prohibit any practices and procedures 
with respect to credit reports and credit scores that 
are not in the public interest.’’. 
(b) VOIDING OF CERTAIN CONTRACTS NOT IN THE 
PUBLIC INTEREST.—The Fair Credit Reporting Act (15 
U.S.C. 1681 et seq.), as amended by section 703, is fur-
ther amended— 
(1) by adding at the end the following new sec-
tion: 
‘‘§ 634. Voiding of certain contracts not in the public 
interest 
‘‘(a) IN GENERAL.—Any provision contained in a 
contract that requires a person to not follow a provision 
of this title, that is against the public interest, or that 
otherwise circumvents the purposes of this title shall be 
null and void.
206 
‘‘(b) RULE
OF CONSTRUCTION.—Nothing in sub-
section (a) shall be construed as affecting other provisions 
of a contract that are not described under subsection 
(a).’’; and 
(2) in the table of contents for such Act, by in-
serting after the item relating to section 633 the fol-
lowing new item: 
‘‘634. Voiding of certain contracts not in the public interest.’’. 
SEC. 904. GAO STUDY ON THE USE OF CREDIT IN HOUSING 
DETERMINATIONS. 
(a) STUDY.—The Comptroller General of the United 
States shall carry out a study of the use of consumer re-
ports and credit scores in housing determinations to deter-
mine whether consumer reports or credit scores are being 
used as tools to perform the equivalent of banned red-lin-
ing. 
(b) CONTENTS OF STUDY.—In carrying out the study 
required under subsection (a), the Comptroller General 
shall— 
(1) examine both rental applications and mort-
gage applications; and 
(2) include a demographic breakdown by race, 
gender, age, sexual orientation, city/suburban/rural, 
socioeconomic status, and any other demographic 
that the Comptroller General determines appro-
priate.
207 
(c) REPORT.—The Comptroller General shall issue a 
report to the Congress containing all findings and deter-
minations made in carrying out the study required under 
subsection (a). 
SEC. 905. GAO STUDY ON THE EFFECTS OF CREDIT SCORES 
IMPACTED BY A STUDENT BORROWER’S DE-
FAULTED OR DELINQUENT PRIVATE EDU-
CATION LOAN. 
(a) STUDY.—The Comptroller General of the United 
States shall carry out a study on how credit scores im-
pacted by a student borrower’s defaulted or delinquent 
private education loan impacts applying for future loans, 
including information on the treatment of different demo-
graphic populations. 
(b) REPORT.—The Comptroller General shall issue a 
report to the Congress containing all findings and deter-
minations made in carrying out the study required under 
subsection (a). 
SEC. 906. GAO STUDY ON CONSUMER REPORTING AGENCY 
COMPLIANCE WITH CONSENT ORDERS. 
(a) STUDY.—The Comptroller General of the United 
States shall carry out a study of the compliance by con-
sumer reporting agencies that compile and maintain files 
on consumers on a nationwide basis with consent orders, 
and the impact such compliance has on consumers.
208 
(b) REPORT.—Not later than the end of the 180-day 
period beginning on the date of enactment of this Act, the 
Comptroller General shall issue a report to the Committee 
on Financial Services of the House of Representatives and 
the Committee on Banking, Housing, and Urban Affairs 
of the Senate containing all findings and determinations 
made in carrying out the study required under subsection 
(a). 
(c) DEFINITIONS.—In this section, the terms ‘‘con-
sumer’’ and ‘‘consumer reporting agency that compiles 
and maintains files on consumers on a nationwide basis’’ 
have the meaning given those terms, respectively, under 
section 603 of the Fair Credit Reporting Act. 
SEC. 907. PROTECTIONS FOR ACTIVE DUTY UNIFORMED 
CONSUMER. 
(a) DEFINITIONS.—Section 603 of the Fair Credit 
Reporting Act (15 U.S.C. 1681a) is amended— 
(1) in subsection (q), by amending paragraph 
(1) to read as follows: 
‘‘(1) ACTIVE DUTY UNIFORMED CONSUMER.— 
The term ‘active duty uniformed consumer’ means a 
consumer who is— 
‘‘(A) in military service and on active serv-
ice (as defined in section 101(d) of title 10, 
United States Code); or
209 
‘‘(B) a member of the uniformed services 
(as defined in section 101(a) of title 10, United 
States Code) who is not a member of the armed 
forces and is on active service.’’; and 
(2) by inserting after subsection (dd) (as added 
by section 901) the following: 
‘‘(ii) EXTENDED ACTIVE DUTY UNIFORMED CON-
SUMER.—The term ‘extended active duty uniformed con-
sumer’ means an active duty uniformed consumer that is 
deployed— 
‘‘(1) in a combat zone (as defined under section 
112(c) of the Internal Revenue Code of 1986); or 
‘‘(2) aboard a United States vessel.’’. 
(b) PROHIBITION ON INCLUDING CERTAIN ADVERSE 
INFORMATION IN CONSUMER REPORTS.—Section 605 of 
the Fair Credit Reporting Act (15 U.S.C. 1681c) is 
amended— 
(1) in subsection (a), as amended by section 
809, by adding at the end the following: 
‘‘(19) Any item of adverse information about a 
consumer, if the action or inaction that gave rise to 
the item occurred while the consumer was an ex-
tended active duty uniformed consumer.’’; and 
(2) by inserting after subsection (h) (as added 
by section 705) the following:
210 
‘‘(i) NOTICE OF STATUS AS AN EXTENDED ACTIVE 
DUTY UNIFORMED CONSUMER.—With respect to an item 
of adverse information about a consumer, if the action or 
inaction that gave rise to the item occurred while the con-
sumer was an extended active duty uniformed consumer, 
the consumer may provide appropriate proof, including of-
ficial orders, to a consumer reporting agency that the con-
sumer was an extended active duty uniformed consumer 
at the time such action or inaction occurred. The con-
sumer reporting agency shall promptly delete that item of 
adverse information from the file of the consumer and no-
tify the consumer and the furnisher of the information of 
the deletion.’’. 
(c) COMMUNICATIONS BETWEEN
THE CONSUMER 
AND CONSUMER REPORTING AGENCIES.—Section 605A 
of the Fair Credit Reporting Act (15 U.S.C. 1681c–1) is 
amended— 
(1) in subsection (c), as amended by section 
803, by adding at the end the following: 
‘‘(2) NEGATIVE
INFORMATION
ALERT.—Any 
time a consumer reporting agency receives an item 
of adverse information about a consumer, if the con-
sumer has provided appropriate proof that the con-
sumer is an extended active duty uniformed con-
211 
sumer, the consumer reporting agency shall prompt-
ly notify the consumer— 
‘‘(A) that the agency has received such 
item of adverse information, along with a de-
scription of the item; and 
‘‘(B) the method by which the consumer 
can dispute the validity of the item. 
‘‘(3) CONTACT INFORMATION FOR EXTENDED 
ACTIVE
DUTY
UNIFORMED
CONSUMERS.—With re-
spect to any consumer that has provided appropriate 
proof to a consumer reporting agency that the con-
sumer is an extended active duty uniformed con-
sumer, if the consumer provides the consumer re-
porting agency with separate contact information to 
be used when communicating with the consumer 
while the consumer is an extended active duty uni-
formed consumer, the consumer reporting agency 
shall use such contact information for all commu-
nications while the consumer is an extended active 
duty uniformed consumer.’’; and 
(2) in subsection (e), by amending paragraph 
(3) to read as follows: 
‘‘(3) subparagraphs (A) and (B) of subsection 
(c)(1), in the case of a referral under subsection 
(c)(1)(C).’’.
212 
(d) CONFORMING AMENDMENT.—The Fair Credit 
Reporting Act (15 U.S.C. 1681 et seq.) is amended by 
striking ‘‘active duty military’’ each place such term ap-
pears and inserting ‘‘active duty uniformed’’. 
(e) SENSE OF CONGRESS.—It is the sense of Con-
gress that any person making use of a consumer report 
containing an item of adverse information should, if the 
action or inaction that gave rise to the item occurred while 
the consumer was an extended active duty uniformed con-
sumer, take such fact into account when evaluating the 
creditworthiness of the consumer. 
SEC. 908. POSITIVE CREDIT REPORTING PERMITTED. 
(a) IN GENERAL.—Section 623 of the Fair Credit 
Reporting Act (15 U.S.C. 1681s–2), as amended by sec-
tion 103, is further amended by adding at the end the 
following new subsection: 
‘‘(g) FULL-FILE CREDIT REPORTING.— 
‘‘(1) IN
GENERAL.—Subject to the require-
ments of paragraphs (2) through (5) and notwith-
standing any other provision of law, a person that 
has obtained the written authorization of a con-
sumer may furnish to a consumer reporting agency 
information relating to the performance of a con-
sumer in making payments—
213 
‘‘(A) under a lease agreement with respect 
to a dwelling; or 
‘‘(B) pursuant to a contract for services 
provided by a utility or telecommunication firm. 
‘‘(2) LIMITATIONS.— 
‘‘(A) WITHHELD PAYMENTS DUE TO HAB-
ITABILITY OR SANITARY CONDITIONS.—No per-
son shall furnish or threaten to furnish negative 
information relating to the performance of a 
consumer in making payments under a lease 
agreement with respect to a dwelling if the con-
sumer has withheld payment pursuant to— 
‘‘(i) any right or remedy for breach of 
the warranty of habitability; or 
‘‘(ii) any violation of a Federal, State, 
or municipal law, code, or regulation re-
garding sanitary conditions. 
‘‘(B) SERVICES PROVIDED BY A UTILITY 
OR
TELECOMMUNICATION
FIRM.—Information 
about a consumer’s usage of any services pro-
vided by a utility or telecommunication firm 
may be furnished to a consumer reporting agen-
cy only to the extent that such information re-
lates to—
214 
‘‘(i) payment by the consumer for 
such services; or 
‘‘(ii) other terms of the provision of 
such services to the consumer, including 
any deposit, discount, or conditions for 
interruption or termination of such serv-
ices. 
‘‘(3) PAYMENT
PLAN.—A utility or tele-
communication firm may not report payment infor-
mation to a consumer reporting agency with respect 
to an outstanding balance of a consumer as late if— 
‘‘(A) the utility or telecommunication firm 
and the consumer have entered into a payment 
plan (including a deferred payment agreement, 
an arrearage management program, or a debt 
forgiveness program) with respect to such out-
standing balance; and 
‘‘(B) the consumer is meeting the obliga-
tions of the payment plan, as determined by the 
utility or telecommunication firm. 
‘‘(4) PROHIBITION ON USE BY DEBT COLLEC-
TORS.—A debt collector (as defined in section 
803(6) of the Fair Debt Collection Practices Act) 
may not use the information described in paragraph 
(1).
215 
‘‘(5) RELATION
TO
STATE
LAW.—Notwith-
standing section 625, this subsection shall not pre-
empt any law of a State with respect to furnishing 
to a consumer reporting agency information relating 
to the performance of a consumer in making pay-
ments pursuant to a lease agreement with respect to 
a dwelling or a contract for a utility or telecommuni-
cations service. For purposes of this paragraph, the 
term ‘law of a State’ shall include all laws, decisions, 
rules, regulations, or other State action having the 
effect of law, as issued by a State, any political sub-
divisions thereof, or any agency or instrumentality of 
either the State or a political subdivision thereof. 
‘‘(6) UTILITY
OR
TELECOMMUNICATION
FIRM 
DEFINED.—In this subsection, the term ‘utility or 
telecommunication firm’— 
‘‘(A) means an entity that provides utility 
services to the public through pipe, wire, 
landline, wireless, cable, or other connected fa-
cilities, or radio, electronic, or similar trans-
mission (including the extension of such facili-
ties); and 
‘‘(B) includes an entity that provides nat-
ural gas or electric service to consumers.’’.
216 
(b) GAO STUDY AND REPORT.—Not later than 2 
years after the date of enactment of this Act, the Comp-
troller General of the United States shall submit to Con-
gress a report on the impact on consumers of furnishing 
information pursuant to subsection (g) of section 623 of 
the Fair Credit Reporting Act (15 U.S.C. 1681s–2), as 
added by subsection (a). 
SEC. 909. SENSE OF CONGRESS. 
It is the sense of Congress that efforts to enhance 
cybersecurity and implement routine security updates of 
databases maintained by the nationwide consumer report-
ing agencies that contain sensitive consumer data, includ-
ing the credit history and personal information of millions 
of Americans, is critical to the national interest of the 
United States. 
SEC. 910. CYBERSECURITY SUPERVISION AND EXAMINA-
TION 
OF 
LARGE 
CONSUMER 
REPORTING 
AGENCIES. 
(a) IN GENERAL.—The Fair Credit Reporting Act 
(15 U.S.C. 1681 et seq.), as amended by section 706, is 
further amended by adding at the end the following:
217 
‘‘SEC. 638. CYBERSECURITY SUPERVISION AND EXAMINA-
TION 
OF 
LARGE 
CONSUMER 
REPORTING 
AGENCIES. 
‘‘(a) IN GENERAL.—Consumer reporting agencies de-
scribed under section 603(p) shall be subject to cybersecu-
rity supervision and examination by the Bureau. 
‘‘(b) MINIMUM TRAINING REQUIREMENTS.—Con-
sumer reporting agencies described under section 603(p) 
shall meet minimum training and ongoing certification re-
quirements with respect to cybersecurity at regular inter-
vals, as established by the Director of the Bureau.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
of the Fair Credit Reporting Act, as amended by section 
706, is further amended by adding at the end the fol-
lowing: 
‘‘638. Cybersecurity supervision and examination of large consumer reporting 
agencies.’’. 
Passed the House of Representatives January 29, 
2020. 
Attest: 
Clerk.
116TH CONGRESS 
2D SESSION 
H. R. 3621 
AN ACT 
To amend the Fair Credit Reporting Act to remove 
adverse information for certain defaulted or de-
linquent private education loan borrowers who 
demonstrate a history of loan repayment, and for 
other purposes.