Debt Bondage Repair Act

Bill: 117-hr-2332
Sponsor: full_name: Rep. McHenry, Patrick T. [R-NC-10]
Introduced: 2021-04-01
Policy area: Finance and Financial Sector
Subjects: Administrative law and regulatory procedures

Consumer Financial Protection Bureau

Consumer credit

Crime victims

Human trafficking

Sex offenses

Smuggling and trafficking
Latest action: action_date: 2021-06-16
text: Received in the Senate and Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.

Summaries:
action_date: 2021-04-01
action_desc: Introduced in House
text: <p><strong>Debt Bondage Repair Act </strong></p> <p>This bill prohibits a consumer reporting agency from reporting adverse credit information about a consumer that is the result of severe human trafficking or sex trafficking. A court of competent jurisdiction must determine that the consumer is a victim of trafficking. </p>

action_date: 2021-06-15
action_desc: Passed House
text: <p><strong>Debt Bondage Repair Act </strong></p> <p>This bill prohibits a consumer reporting agency from reporting adverse credit information about a consumer that is the result of severe human trafficking or sex trafficking. A court of competent jurisdiction or a federal or state government entity must determine that the consumer is a victim of trafficking. </p>

tv_txt: I 117th CONGRESS 1st Session H. R. 2332 IN THE HOUSE OF REPRESENTATIVES April 1, 2021 Mr. McHenry (for himself, Mrs. Wagner , Mr. Gonzalez of Ohio , Mr. Taylor , and Mr. Hill ) introduced the following bill; which was referred to the Committee on Financial Services A BILL To prohibit consumer reporting agencies from furnishing a consumer report containing any adverse item of information about a consumer if such consumer is a victim of trafficking, and for other purposes.

1. Short title This Act may be cited as the Debt Bondage Repair Act . 2. Adverse information in cases of trafficking (a) In general The Fair Credit Reporting Act ( 15 U.S.C. 1681 et seq.) is amended by inserting after section 605B the following: 605C Adverse information in cases of trafficking (a) In general A consumer reporting agency may not furnish a consumer report containing any adverse item of information about a consumer that resulted from a severe form of trafficking in persons or sex trafficking if a court of competent jurisdiction, in a lawsuit that is not a class action lawsuit, has determined that the consumer is a victim of trafficking. (b) Rulemaking (1) In general The Director shall, not later than 180 days after the date of the enactment of this section, issue a rule to implement subsection (a). (2) Contents The rule issued pursuant to paragraph (1) shall establish a method by which consumers may submit documentation to consumer reporting agencies, including— (A) documentation of a determination by a court of competent jurisdiction that such consumer is a victim of trafficking; and (B) documentation that identifies items of adverse information that should not be furnished by the consumer reporting agency because the items resulted from the severe form of trafficking in persons or sex trafficking of which the consumer is a victim. (c) Victim of trafficking defined For the purposes of this section, the term “victim of trafficking” means a person who— (1) is a victim of a severe form of trafficking in persons or sex trafficking, as such terms are defined in section 103 of the Trafficking Victims Protection Act of 2000; and (2) has been listed as a victim in a criminal case against a person who has been found guilty of a severe form of trafficking in persons or sex trafficking. . (b) Table of contents amendment The table of contents of the Fair Credit Reporting Act is amended by inserting after the item relating to section 605B the following new item: 605C. Adverse information in cases of trafficking. . (c) Effective date The amendments made by this section shall apply on the sooner of— (1) the date that is 30 days after the date on which the Director of the Bureau of Consumer Financial Protection issues a rule pursuant to section 605C(b) of the Fair Credit Reporting Act; or (2) the date that is 2 years after the date of the enactment of section 605C of the Fair Credit Reporting Act.

tv_txt: I 117th CONGRESS 1st Session H. R. 2332 IN THE HOUSE OF REPRESENTATIVES AN ACT To prohibit consumer reporting agencies from furnishing a consumer report containing any adverse item of information about a consumer if such consumer is a victim of trafficking, and for other purposes.

1. Short title This Act may be cited as the Debt Bondage Repair Act . 2. Adverse information in cases of trafficking (a) In general The Fair Credit Reporting Act ( 15 U.S.C. 1681 et seq.) is amended by inserting after section 605B the following: 605C Adverse information in cases of trafficking (a) In general A consumer reporting agency may not furnish a consumer report containing any adverse item of information about a consumer that resulted from a severe form of trafficking in persons or sex trafficking if the consumer has provided trafficking documentation to the consumer reporting agency. (b) Rulemaking (1) In general The Director shall, not later than 180 days after the date of the enactment of this section, issue a rule to implement subsection (a). (2) Contents The rule issued pursuant to paragraph (1) shall establish a method by which consumers shall submit trafficking documentation to consumer reporting agencies. (c) Definitions (1) Trafficking documentation The term trafficking documentation means— (A) documentation of either— (i) a determination by a Federal or State government entity that a consumer is a victim of trafficking; or (ii) a determination by a court of competent jurisdiction that a consumer is a victim of trafficking; and (B) documentation that identifies items of adverse information that should not be furnished by a consumer reporting agency because the items resulted from the severe form of trafficking in persons or sex trafficking of which such consumer is a victim. (2) Victim of trafficking For the purposes of this section, the term “victim of trafficking” means a person who is a victim of a severe form of trafficking in persons or sex trafficking, as such terms are defined in section 103 of the Trafficking Victims Protection Act of 2000. . (b) Table of contents amendment The table of contents of the Fair Credit Reporting Act is amended by inserting after the item relating to section 605B the following new item: 605C. Adverse information in cases of trafficking. . (c) Effective date The amendments made by this section shall apply on the date that is 30 days after the date on which the Director of the Bureau of Consumer Financial Protection issues a rule pursuant to section 605C(b) of the Fair Credit Reporting Act. (d) Determination of budgetary effects The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.

Passed the House of Representatives June 15, 2021. Cheryl L. Johnson, Clerk.

tv_txt: IIB 117th CONGRESS 1st Session H. R. 2332 IN THE SENATE OF THE UNITED STATES June 16, 2021 Received; read twice and referred to the Committee on Banking, Housing, and Urban Affairs AN ACT To prohibit consumer reporting agencies from furnishing a consumer report containing any adverse item of information about a consumer if such consumer is a victim of trafficking, and for other purposes.

1. Short title This Act may be cited as the Debt Bondage Repair Act . 2. Adverse information in cases of trafficking (a) In general The Fair Credit Reporting Act ( 15 U.S.C. 1681 et seq.) is amended by inserting after section 605B the following: 605C Adverse information in cases of trafficking (a) In general A consumer reporting agency may not furnish a consumer report containing any adverse item of information about a consumer that resulted from a severe form of trafficking in persons or sex trafficking if the consumer has provided trafficking documentation to the consumer reporting agency. (b) Rulemaking (1) In general The Director shall, not later than 180 days after the date of the enactment of this section, issue a rule to implement subsection (a). (2) Contents The rule issued pursuant to paragraph (1) shall establish a method by which consumers shall submit trafficking documentation to consumer reporting agencies. (c) Definitions (1) Trafficking documentation The term trafficking documentation means— (A) documentation of either— (i) a determination by a Federal or State government entity that a consumer is a victim of trafficking; or (ii) a determination by a court of competent jurisdiction that a consumer is a victim of trafficking; and (B) documentation that identifies items of adverse information that should not be furnished by a consumer reporting agency because the items resulted from the severe form of trafficking in persons or sex trafficking of which such consumer is a victim. (2) Victim of trafficking For the purposes of this section, the term “victim of trafficking” means a person who is a victim of a severe form of trafficking in persons or sex trafficking, as such terms are defined in section 103 of the Trafficking Victims Protection Act of 2000. . (b) Table of contents amendment The table of contents of the Fair Credit Reporting Act is amended by inserting after the item relating to section 605B the following new item: 605C. Adverse information in cases of trafficking. . (c) Effective date The amendments made by this section shall apply on the date that is 30 days after the date on which the Director of the Bureau of Consumer Financial Protection issues a rule pursuant to section 605C(b) of the Fair Credit Reporting Act. (d) Determination of budgetary effects The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.

Passed the House of Representatives June 15, 2021. Cheryl L. Johnson, Clerk.