SEC. 2. OFFICE OF FAIR LENDING TESTING. 
(a) ESTABLISHMENT.—There is established within 
the Bureau of Consumer Financial Protection an Office 
of Fair Lending Testing (hereinafter referred to as the 
‘‘Office’’). 
(b) DIRECTOR.—The head of the Office shall be a 
Director, who shall— 
(1) be appointed to a 5-year term by, and re-
port to, the Director of the Bureau of Consumer Fi-
nancial Protection; 
(2) appoint and fix the compensation of such 
employees as are necessary to carry out the duties 
of the Office under this section; and 
(3) provide an estimated annual budget to the 
Director of the Bureau of Consumer Financial Pro-
tection. 
(c) CIVIL SERVICE POSITION.—The position of the 
Director shall be a career position within the civil service. 
(d) TESTING.— 
(1) IN GENERAL.—The Office, in consultation 
with the Attorney General and the Secretary of 
Housing and Urban Development, shall conduct 
testing of compliance with the Equal Credit Oppor-
tunity Act by creditors, through the use of individ-
uals who, without any bona fide intent to receive a 
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loan, pose as prospective borrowers for the purpose 
of gathering information. 
(2) REFERRAL OF VIOLATIONS.—If, in carrying 
out the testing described under paragraph (1), the 
Office believes a person has violated the Equal Cred-
it Opportunity Act, the Office shall refer such viola-
tion in writing to the Attorney General for appro-
priate action. 
(e) REPORT
TO CONGRESS.—Section 707 of the 
Equal Credit Opportunity Act (15 U.S.C. 1691f) is 
amended by adding at the end the following: ‘‘In addition, 
each report of the Bureau shall include an analysis of the 
testing carried out pursuant to section 2 of the Fair Lend-
ing for All Act, and each report of the Bureau and the 
Attorney General shall include a summary of criminal en-
forcement actions taken under section 706A.’’. 
SEC. 3. PROHIBITION ON CREDIT DISCRIMINATION. 
Subsection (a) of section 701 of the Equal Credit Op-
portunity Act (15 U.S.C. 1691) is amended to read as 
follows: 
‘‘(a) It shall be unlawful for any creditor to discrimi-
nate against any applicant, with respect to any aspect of 
a credit transaction— 
‘‘(1) on the basis of race, color, religion, na-
tional origin, sex (including sexual orientation and 
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gender identity), marital status, or age (provided the 
applicant has the capacity to contract); 
‘‘(2) on the basis of the applicant’s zip code, or 
census tract; 
‘‘(3) because all or part of the applicant’s in-
come derives from any public assistance program; or 
‘‘(4) because the applicant has in good faith ex-
ercised any right under the Consumer Credit Protec-
tion Act.’’. 
SEC. 4. CRIMINAL PENALTIES FOR VIOLATIONS OF THE 
EQUAL CREDIT OPPORTUNITY ACT. 
(a) IN GENERAL.—The Equal Credit Opportunity 
Act (15 U.S.C. 1691 et seq.) is amended by inserting after 
section 706 the following: 
‘‘§ 706A. Criminal penalties 
‘‘(a) INDIVIDUAL VIOLATIONS.—Any person who 
knowingly and willfully violates this title shall be fined not 
more than $50,000, or imprisoned not more than 1 year, 
or both. 
‘‘(b) PATTERN OR PRACTICE.— 
‘‘(1) IN GENERAL.—Any person who engages in 
a pattern or practice of knowingly and willfully vio-
lating this title shall be fined not more than 
$100,000 for each violation of this title, or impris-
oned not more than twenty years, or both. 
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‘‘(2) PERSONAL LIABILITY OF EXECUTIVE OFFI-
CERS AND DIRECTORS OF THE BOARD.—Any execu-
tive officer or director of the board of an entity who 
knowingly and willfully causes the entity to engage 
in a pattern or practice of knowingly and willfully 
violating this title (or who directs another agent, 
senior officer, or director of the entity to commit 
such a violation or engage in such acts that result 
in the director or officer being personally unjustly 
enriched) shall be— 
‘‘(A) fined in an amount not to exceed 100 
percent of the compensation (including stock 
options awarded as compensation) received by 
such officer or director from the entity— 
‘‘(i) during the time period in which 
the violations occurred; or 
‘‘(ii) in the one to three year time pe-
riod preceding the date on which the viola-
tions were discovered; and 
‘‘(B) imprisoned for not more than 5 
years.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
for the Equal Credit Opportunity Act (15 U.S.C. 1691 
et seq.) is amended by inserting after the item relating 
to section 706 the following: 
‘‘706A. Criminal penalties.’’. 
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SEC. 5. REVIEW OF LOAN APPLICATIONS. 
(a) IN GENERAL.—Subtitle C of the Consumer Fi-
nancial Protection Act of 2010 (12 U.S.C. 5531 et seq.) 
is amended by adding at the end the following: 
‘‘SEC. 1038. REVIEW OF LOAN APPLICATIONS. 
‘‘(a) IN GENERAL.—The Bureau shall carry out re-
views of loan applications and the process of taking loan 
applications being used by covered persons to ensure such 
applications and processes do not violate the Equal Credit 
Opportunity Act or any other Federal consumer financial 
law. 
‘‘(b) PROHIBITION AND ENFORCEMENT.—If the Bu-
reau determines under subsection (a) that any loan appli-
cation or process of taking a loan application violates the 
Equal Credit Opportunity Act or any other Federal con-
sumer financial law, the Bureau shall— 
‘‘(1) prohibit the covered person from using 
such application or process; and 
‘‘(2) take such enforcement or other actions 
with respect to the covered person as the Bureau de-
termines appropriate.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1 of the Dodd-Frank Wall Street Reform and 
Consumer Protection Act is amended by inserting after 
the item relating to section 1037 the following: 
‘‘Sec. 1038. Review of loan applications.’’. 
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