I 
116TH CONGRESS 
2D SESSION 
H. R. 8039 
To require the Bureau of Consumer Financial Protection to conduct an 
assessment of the use of certain educational data in determining the 
creditworthiness of an applicant, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
AUGUST 14, 2020 
Ms. FUDGE (for herself and Mrs. BEATTY) introduced the following bill; which 
was referred to the Committee on Financial Services 
A BILL 
To require the Bureau of Consumer Financial Protection 
to conduct an assessment of the use of certain edu-
cational data in determining the creditworthiness of an 
applicant, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Examining Edu-
cational Redlining in Lending Act’’. 
SEC. 2. ASSESSMENT OF CERTAIN EDUCATIONAL DATA. 
(a) ASSESSMENT.—Not later than 180 days after the 
date of the enactment of this Act and annually thereafter, 
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the Bureau of Consumer Financial Protection (referred to 
in this section as the ‘‘Bureau’’) shall, in coordination with 
relevant executive agencies and national civil rights stake-
holders, assess— 
(1) the use of certain educational data by cov-
ered persons in determining the creditworthiness of 
an applicant; 
(2) the use of an underwriting process that in-
volves gathering data points and creating applicant 
profiles, including automated or algorithmic proc-
esses, and the risks of such use, by covered persons 
to determine the creditworthiness of an applicant; 
and 
(3) what policies and guidelines are in place to 
ensure decisions do not result in a disparate impact 
on a protected class. 
(b) REPORT TO CONGRESS.—Not later than 60 days 
after the completion of each assessment required under 
subsection (a) and annually thereafter, the Bureau shall 
submit to the Committee on Financial Services of the 
House of Representatives and the Committee on Banking, 
Housing, and Urban Affairs of the Senate the findings 
of such assessment and any recommendations based on 
such findings. 
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(c) PUBLICATION.—Not later than 30 days after the 
completion of the assessment required under subsection 
(a), the Bureau shall make available on a publicly acces-
sible website— 
(1) the findings of the assessment under sub-
section (a); 
(2) a list of all covered persons that use certain 
educational data; and 
(3) a list of all covered persons that use an un-
derwriting process that involves gathering data 
points and creating applicant profiles, including 
automated or algorithmic processes, to determine the 
creditworthiness of an applicant. 
(d) DEFINITIONS.—In this section: 
(1) APPLICANT’S
BACKGROUND.—The term 
‘‘applicant’s background’’ includes data related to or 
derived from the following: 
(A) Attendance at an academic institution. 
(B) Academic majors pursued at an aca-
demic institution. 
(C) Grades or test scores from or used for 
admission into an academic institution. 
(D) Educational attainment. 
(2) CERTAIN EDUCATIONAL DATA.—The term 
‘‘certain educational data’’ means data, including 
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non-individualized data, that indicates or is created, 
derived, or inferred from an applicant’s background 
including whether an applicant has attended any of 
the following: 
(A) An eligible institution. 
(B) A junior or community college. 
(3) COVERED
PERSON.—The term ‘‘covered 
person’’ has the meaning given such term in section 
1002 of the Consumer Financial Protection Act of 
2010 (12 U.S.C. 5481). 
(4) ELIGIBLE INSTITUTION.—The term ‘‘eligi-
ble institution’’ has the meaning given that term in 
section 371(a) of the Higher Education Act of 1965 
(20 U.S.C. 1067q(a)). 
(5) JUNIOR
OR
COMMUNITY
COLLEGE.—The 
term ‘‘junior or community college’’ has the meaning 
given that term in section 312(f) of the Higher Edu-
cation Act of 1965 (20 U.S.C. 1058(f)). 
Æ 
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