Credit Access and Inclusion Act of 2021
Bill: S.2417 | Sponsor: Sen. Scott, Tim (R-SC)
Policy area: Finance and Financial Sector

Summary:
Credit Access and Inclusion Act of 2021
This bill allows for the reporting of certain positive consumer-credit information to consumer reporting agencies. Specifically, a person or the Department of Housing and Urban Development may report information related to a consumer's performance in making payments either under a lease agreement for a dwelling or pursuant to a contract for a utility or telecommunications service. However, information about a consumer's usage of any utility or telecommunications service may be reported only to the extent that the information relates to payment by the consumer for such service or other terms of the provision of that service. Furthermore, an energy-utility firm may not report a consumer's outstanding balance as late if the firm and the consumer have entered into a payment plan and the consumer is meeting the obligations of that plan.
Specified provisions that establish civil liability with respect to furnishers of information to consumer reporting agencies shall not apply to any violation of the bill.
The Government Accountability Office must report on the consumer impact of such reporting.

To amend the Fair Credit Reporting Act to clarify Federal law with 
 respect to reporting certain positive consumer credit information to 
          consumer reporting agencies, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Credit Access and Inclusion Act of 
2021''.

SEC. 2. POSITIVE CREDIT REPORTING PERMITTED.

    (a) In General.--Section 623 of the Fair Credit Reporting Act (15 
U.S.C. 1681s-2) is amended by adding at the end the following:
    ``(f) Full-File Credit Reporting.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Energy utility firm.--The term `energy 
                utility firm' means an entity that provides gas or 
                electric utility services to the public.
                    ``(B) Utility or telecommunication firm.--The term 
                `utility or telecommunication firm' means an entity 
                that provides utility services to the public through 
                pipe, wire, landline, wireless, cable, or other 
                connected facilities, or radio, electronic, or similar 
                transmission (including the extension of such 
                facilities).
            ``(2) Information relating to lease agreements, utilities, 
        and telecommunications services.--Subject to the limitation in 
        paragraph (3) and notwithstanding any other provision of law, a 
        person or the Secretary of Housing and Urban Development may 
        furnish to a consumer reporting agency information relating to 
        the performance of a consumer in making payments--
                    ``(A) under a lease agreement with respect to a 
                dwelling, including such a lease in which the 
                Department of Housing and Urban Development provides 
                subsidized payments for occupancy in a dwelling; or
                    ``(B) pursuant to a contract for a utility or 
                telecommunications service.
            ``(3) Limitation.--Information about the usage by a 
        consumer of any utility service provided by a utility or 
        telecommunication firm may be furnished to a consumer reporting 
        agency only to the extent that the information relates to the 
        payment by the consumer for the service of the utility or 
        telecommunication service or other terms of the provision of 
        the services to the consumer, including any deposit, discount, 
        or conditions for interruption or termination of the service.
            ``(4) Payment plan.--An energy utility firm may not report 
        payment information to a consumer reporting agency with respect 
        to an outstanding balance of a consumer as late if--
                    ``(A) the energy utility 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 
                outstanding balance; and
                    ``(B) the consumer is meeting the obligations of 
                the payment plan, as determined by the energy utility 
                firm.''.
    (b) Limitation on Liability.--Section 623(c) of the Fair Credit 
Reporting Act (15 U.S.C. 1681s-2(c)) is amended--
            (1) in paragraph (2), by striking ``or'' at the end;
            (2) by redesignating paragraph (3) as paragraph (4); and
            (3) by inserting after paragraph (2) the following:
            ``(3) subsection (f) of this section, including any 
        regulations issued thereunder; or''.
    (c) GAO Study and Report.--Not later than 2 years after the date of 
the enactment of this Act, the Comptroller General of the United States 
shall submit to Congress a report on the impact of furnishing 
information pursuant to subsection (f) of section 623 of the Fair 
Credit Reporting Act (15 U.S.C. 1681s-2), as added by subsection (a) of 
this Act, on consumers.
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