Credit Access and Inclusion Act of 2018
This bill amends the Fair Credit Reporting Act to allow 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 of the Consumer Credit Protection Act 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.
[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3040 Introduced in Senate (IS)]
<DOC>
115th CONGRESS
2d Session
S. 3040
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 11, 2018
Mr. Scott (for himself and Mr. Manchin) introduced the following bill;
which was read twice and referred to the Committee on Banking, Housing,
and Urban Affairs
_______________________________________________________________________
A BILL
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
2018''.
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, the following
definitions shall apply:
``(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 a consumer's usage 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 Consumer Credit
Protection 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.
<all>
Introduced in Senate
Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.
Committee on Banking, Housing, and Urban Affairs. Hearings held. Hearings printed: S.Hrg. 115-361.
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