194 
(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 
(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 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— 
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(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’’; 
(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. 
Section 605A of the Fair Credit Reporting Act (15 
U.S.C. 1681c–1(a)), as amended by section 804, is further 
amended by adding at the end the following: 
‘‘(j) CREDIT MONITORING
AND IDENTITY THEFT 
PROTECTION SERVICES.— 
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‘‘(1) IN GENERAL.—Upon the direct request of 
a consumer, or individual acting on behalf of or as 
a personal representative of a consumer, a consumer 
reporting agency described in section 603(p) that 
maintains a file on the consumer 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— 
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‘‘(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 military con-
sumer; 
‘‘(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— 
‘‘(A) to define the scope of credit moni-
toring and identity theft protection services re-
quired under this subsection; and 
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‘‘(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 annul, alter, or affect in any man-
ner the meaning, scope or applicability of the laws 
of any State relating to credit monitoring and iden-
tity theft protection services or other similar actions, 
except 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 and 
benefit to the consumer than the protection and ben-
efit provided under this subsection as determined by 
the Bureau, on its own motion or upon the petition 
of any interested party.’’. 
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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 308, is further 
amended by adding at the end the following: 
‘‘(14) 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 RELATED TO DAYS. 
Section 603 of the Fair Credit Reporting Act (15 
U.S.C. 1681a), as amended by section 601, is further 
amended by adding at the end the following: 
‘‘(bb) 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.’’. 
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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 
affecting consumers’ lives depend upon fair, com-
plete, and accurate credit reporting. Inaccurate and 
incomplete credit reports directly impair the effi-
ciency of the financial system and undermine the in-
tegrity of using credit reports in other cir-
cumstances, and unfair credit reporting and credit 
scoring methods undermine the public confidence 
which is essential to the continued functioning of the 
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financial services system and the provision of many 
other consumer products and services.’’; and 
(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 further 
amended— 
(1) by adding at the end the following new sec-
tion: 
‘‘§ 636. 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 
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of this title, that is against the public interest, or that 
otherwise circumvents the purposes of this title shall be 
null and void. 
‘‘(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 
adding at the end the following new item: 
‘‘636. Voiding of certain contracts not in the public interest.’’. 
SEC. 904. GENERAL BUREAU RULEMAKING. 
Except as otherwise provided, not later than the end 
of the 2-year period beginning on the date of the enact-
ment of this Act, the Bureau of Consumer Financial Pro-
tection shall issue final rules to implement the amend-
ments made by this Act. 
Æ 
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