US HB3621 | 2019-2020 | 116th Congress

Status

Spectrum: Partisan Bill (Democrat 2-0)
Status: Engrossed on January 30 2020 - 50% progression, died in chamber
Action: 2020-01-30 - Received in the Senate.
Text: Latest bill text (Engrossed) [PDF]

Summary

Provides for additional consumer credit protections, sets forth requirements for credit reporting agencies, and prohibits the inclusion of specified information on credit reports. TITLE I—IMPROVEMENTS TO THE DISPUTE PROCESS The dispute process for consumers challenging information contained on their credit report is revised for challenges (1) through the credit reporting agency, and (2) through the furnisher of credit information. Credit reporting agencies must disclose to consumers how to dispute this information. If a credit report is revised as a result of a dispute, the credit reporting agency must provide the consumer a free copy of the revised report and credit score. Furnishers of credit information must maintain all records to substantiate the credit information provides to credit reporting agencies. Consumers must be notified when a furnisher provides specific negative credit information within five business days of it being reported to a credit reporting agency. The bill also establishes an appeals process for disputed credit information and sets forth procedures for the credit reporting agencies and furnishers of this information. Credit reporting agencies must identify disputed information on a credit report and ensure accuracy and completeness in credit reports. The bill also establishes the right for courts to award injunctive relief to require compliance with consumer credit laws. TITLE II—FREE CREDIT SCORES FOR CONSUMERS The bill requires credit reporting agencies to provide free credit scores to consumers along with their free annual credit reports. The bill also provides for additional free credit scores and credit reports when a consumer is disputing information contained on their credit report or has had previously removed information reinserted into their report, and automatic free credit scores and credit reports to consumers who have obtained a fraud alert or security freeze. Credit reporting agencies must provide consumers with additional information regarding the calculation of their credit score, including factors that adversely effected the score, and specific actions a consumer may take to improve the score. The bill establishes educational credit scores to be used by a consumer in understanding how a lender or creditor may use the information contained in a consumer's credit report if a current credit score is not available. Private education lenders, motor vehicle lenders, indirect auto lenders, and residential mortgage lenders must give consumers free copies of consumer reports or credit scores used for making underwriting decisions before consumers sign the respective loan agreements. TITLE III—STUDENT BORROWER CREDIT IMPROVEMENT ACT The bill prohibits a credit reporting agency from furnishing a credit report containing any adverse item of information relating to a delinquent or defaulted private education loan of a borrower who has a specified demonstrated history of loan repayment. TITLE IV—CREDIT RESTORATION FOR VICTIMS OF PREDATORY ACTIVITIES AND UNFAIR CONSUMER REPORTING PRACTICES The bill revises the information included on a credit report by requiring removal of adverse information that resulted from fraudulent lending activity regarding private education loans and residential mortgage loans, expediting the removal of debt that is no longer owed, prohibiting the inclusion of an arrest that did not result in conviction, in general reducing the time period adverse information stays on a credit report from seven years to four years, and limiting the inclusion of certain medical debt. TITLE V—CLARITY IN CREDIT SCORE FORMATION The Consumer Financial Protection Bureau (CFPB) must regulate credit score models by establishing standards for validating the accuracy and predictive value of these models. The bill also gives the CFPB the authority to prohibit the use of certain factors in credit score models. The CFPB must report on the impact of the inclusion of nontraditional data in these models. TITLE VI—RESTRICTIONS ON CREDIT CHECKS FOR EMPLOYMENT DECISIONS A credit reporting agency is prohibited from providing a consumer's credit information for employment purposes, unless the information is for a national security investigation, for a background check or investigation required by regulation, or otherwise required by law. TITLE VII—PROHIBITION ON MISLEADING AND UNFAIR CONSUMER REPORTING PRACTICES The bill prohibits automatic renewals for promotional consumer credit products and services, allows the CFPB to set maximum fees for products and services offered by credit reporting agencies, and allows for multiple credit inquiries of the same type without penalty to a consumer's credit score. Additionally, the bill directs the CFPB to issue rules to provide for access to consumer reporting information for nonnative English speakers, the visually impaired, and the hearing impaired; and the registration of credit reporting agencies. The bill also establishes credit protections for consumers affected by a government shutdown. TITLE VIII—PROTECTIONS AGAINST IDENTITY THEFT, FRAUD, OR A RELATED CRIME The bill revises fraud alert protections to allow for an extension of these protections upon request of the consumer if the threat of fraud is ongoing. The bill also requires a credit reporting agency to provide free credit monitoring and identity theft protection services to victims of fraud, the unemployed, recipients of public assistance, active duty uniformed consumer, and those 65 years of age and older. The bill expands to victims of fraud existing consumer protections applicable to victims of identity theft, including free credit scores, additional free credit reports, and access to records of fraudulent activity. The CFPB must develop procedures for reporting fraud and other related crime. TITLE IX—MISCELLANEOUS Contract provisions that violate specified consumer protections or that are against the public interest are null and void. The Government Accountability Office (GAO) must study (1) the use of credit reports and credit scores in housing determinations, (2) the effects on future lending of credit scores impacted by defaulted or delinquent private student loans, and (3) credit reporting agency compliance with consent orders. The bill revises consumer credit protections for servicemembers. The bill (1) extends consumer credit protections to certain active duty uniformed consumers in a combat zone or aboard a U.S. vessel, (2) prohibits the inclusion on a credit report of adverse credit information that occurred while a uniformed consumer was engaged in that type of active duty, and (3) provides for negative credit information alerts to such consumers. The bill also adds to those groups covered by specified active duty credit protections individuals in the commissioned corps of the National Oceanic and Atmospheric Administration and the Public Health Service. The bill allows for the reporting of certain positive consumer credit information to credit reporting agencies. Specifically, a person 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. The GAO must report on the consumer impact of such reporting. Nationwide credit reporting agencies are subject to supervision and examination by the CFPB with respect to cybersecurity.

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Title

Comprehensive CREDIT Act of 2020 Comprehensive Credit Reporting Enhancement, Disclosure, Innovation, and Transparency Act of 2020

Sponsors


Roll Calls

2020-01-29 - House - On passage RC# 31 (Y: 221 N: 189 NV: 0 Abs: 19) [PASS]
2020-01-29 - House - On motion to recommit with instructions RC# 30 (Y: 201 N: 208 NV: 0 Abs: 20) [FAIL]
2020-01-29 - House - On agreeing to the Brown (MD) amendment (A013) H.Amdt.765 RC# 29 (Y: 376 N: 38 NV: 0 Abs: 21) [PASS]
2020-01-29 - House - On agreeing to the Clay amendment H.Amdt.756 RC# 28 (Y: 231 N: 185 NV: 0 Abs: 19) [PASS]

History

DateChamberAction
2020-01-30SenateReceived in the Senate.
2020-01-29HouseMotion to reconsider laid on the table Agreed to without objection.
2020-01-29HouseOn passage Passed by the Yeas and Nays: 221 - 189 (Roll no. 31).
2020-01-29HouseOn motion to recommit with instructions Failed by the Yeas and Nays: 201 - 208 (Roll no. 30).
2020-01-29HouseThe previous question on the motion to recommit with instructions was ordered without objection.
2020-01-29HouseDEBATE - The House proceeded with 10 minutes of debate on the Hill (AR) motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment to add a subsection at the end of Title V entitled "Limitation with Respect to Protected Expressions".
2020-01-29HouseMr. Hill (AR) moved to recommit with instructions to the Committee on Financial Services. (text: CR H698-699)
2020-01-29HouseThe House adopted the amendments en gross as agreed to by the Committee of the Whole House on the state of the Union.
2020-01-29HouseThe previous question was ordered pursuant to the rule.
2020-01-29HouseThe House rose from the Committee of the Whole House on the state of the Union to report H.R. 3621.
2020-01-29HouseH.Amdt.765 On agreeing to the Brown (MD) amendment (A013) Agreed to by recorded vote: 376 - 38 (Roll no. 29).
2020-01-29HouseH.Amdt.756 On agreeing to the Clay amendment Agreed to by recorded vote: 231 - 185 (Roll no. 28).
2020-01-29HouseThe House resolved into Committee of the Whole House on the state of the Union for further consideration.
2020-01-29HouseConsidered as unfinished business. (consideration: CR H697-701)
2020-01-29HouseCommittee of the Whole House on the state of the Union rises leaving H.R. 3621 as unfinished business.
2020-01-29HouseOn motion that the Committee rise Agreed to by voice vote.
2020-01-29HouseMr. Lawson (FL) moved that the Committee rise.
2020-01-29HouseH.Amdt.766 On agreeing to the Panetta amendment (A014) Agreed to by voice vote.
2020-01-29HouseDEBATE - Pursuant to the provisions of H. Res. 811, the Committee of the Whole proceeded with 10 minutes of debate on the Panetta amendment No. 14.
2020-01-29HouseH.Amdt.766 Amendment (A014) offered by Mr. Panetta. (consideration: CR H695-697; text: CR H695)
2020-01-29HousePOSTPONED PROCEEDINGS - At the conclusion of debate on the Brown (MD) amendment, the Chair put the question on agreeing to the amendment, and by voice vote announced that the ayes had prevailed. Mr. Brown (MD) demanded a recorded vote and the Chair postponed further proceedings on agreeing to the amendment until a time to be announced.
2020-01-29HouseDEBATE - Pursuant to the provisions of H. Res. 811, the Committee of the Whole proceeded with 10 minutes of debate on the Brown (MD) amendment No. 13.
2020-01-29HouseH.Amdt.765 Amendment (A013) offered by Mr. Brown (MD). (consideration: CR H694-695, H698; text: CR H694-695)
2020-01-29HouseH.Amdt.764 On agreeing to the Takano amendment (A012) Agreed to by voice vote.
2020-01-29HouseDEBATE - Pursuant to the provisions of H. Res. 811, the Committee of the Whole proceeded with 10 minutes of debate on the Takano amendment No. 12.
2020-01-29HouseH.Amdt.764 Amendment (A012) offered by Mr. Takano. (consideration: CR H693-694; text: CR H693)
2020-01-29HouseH.Amdt.763 On agreeing to the Cohen amendment (A011) Agreed to by voice vote.
2020-01-29HouseDEBATE - Pursuant to the provisions of H. Res. 811, the Committee of the Whole proceeded with 10 minutes of debate on the Cohen amendment No. 11.
2020-01-29HouseH.Amdt.763 Amendment (A011) offered by Mr. Cohen. (consideration: CR H692-693; text: CR H692)
2020-01-29HouseH.Amdt.762 On agreeing to the Cohen amendment (A010) Agreed to by voice vote.
2020-01-29HouseDEBATE - Pursuant to the provisions of H. Res. 811, the Committee of the Whole proceeded with 10 minutes of debate on the Cohen amendment No. 10.
2020-01-29HouseH.Amdt.762 Amendment (A010) offered by Mr. Cohen. (consideration: CR H691-692; text: CR H691)
2020-01-29HouseH.Amdt.761 On agreeing to the Sanchez amendment (A009) Agreed to by voice vote.
2020-01-29HouseDEBATE - Pursuant to the provisions of H. Res. 811, the Committee of the Whole proceeded with 10 minutes of debate on the Sanchez amendment No. 9.
2020-01-29HouseH.Amdt.761 Amendment (A009) offered by Ms. Sanchez. (consideration: CR H689-691; text: CR H689-690)
2020-01-29HouseH.Amdt.760 On agreeing to the King (IA) amendment (A008) Agreed to by voice vote.
2020-01-29HouseDEBATE - Pursuant to the provisions of H. Res. 811, the Committee of the Whole proceeded with 10 minutes of debate on the King (IA) amendment No. 8.
2020-01-29HouseH.Amdt.760 Amendment (A008) offered by Mr. King (IA). (consideration: CR H688-689; text: CR H688)
2020-01-29HouseH.Amdt.759 On agreeing to the Kildee amendment (A007) Agreed to by voice vote.
2020-01-29HouseDEBATE - Pursuant to the provisions of H. Res. 811, the Committee of the Whole proceeded with 10 minutes of debate on the Kildee amendment No. 7.
2020-01-29HouseH.Amdt.759 Amendment (A007) offered by Mr. Kildee. (consideration: CR H687-688; text: CR H687)
2020-01-29HouseH.Amdt.758 On agreeing to the Gottheimer amendment (A006) Agreed to by voice vote.
2020-01-29HouseDEBATE - Pursuant to the provisions of H.Res. 811, the Committee of the Whole proceeded with 10 minutes of debate on the Gottheimer amendment No. 6.
2020-01-29HouseH.Amdt.758 Amendment (A006) offered by Mr. Gottheimer. (consideration: CR H685-687; text: CR H685)
2020-01-29HouseH.Amdt.757 On agreeing to the Steil amendment (A005) Agreed to by voice vote.
2020-01-29HouseDEBATE - Pursuant to the provisions of H.Res. 811, the Committee of the Whole proceeded with 10 minutes of debate on the Steil amendment No. 5.
2020-01-29HouseH.Amdt.757 Amendment (A005) offered by Mr. Steil. (consideration: CR H685; text: CR H685)
2020-01-29HousePOSTPONED PROCEEDINGS - At the conclusion of debate on the Clay amendment, the Chair put the question on adoption of the amendment, and by voice vote announced that the ayes had prevailed. Mr. Clay demanded a recorded vote and the Chair postponed further proceedings until a time to be announced.
2020-01-29HouseDEBATE - Pursuant to the provisions of H.Res. 811, the Committee of the Whole proceeded with 10 minutes of debate on the Clay amendment No. 4.
2020-01-29HouseH.Amdt.756 Amendment (A004) offered by Mr. Clay. (consideration: CR H683-685, H697-698; text: CR H683-684)
2020-01-29HouseH.Amdt.755 On agreeing to the Timmons amendment (A003) Agreed to by voice vote.
2020-01-29HouseDEBATE - Pursuant to the provisions of H.Res. 811, the Committee of the Whole proceeded with 10 minutes of debate on the Timmons amendment No. 3.
2020-01-29HouseH.Amdt.755 Amendment (A003) offered by Mr. Timmons. (consideration: CR H682-683; text: CR H682-683)
2020-01-29HouseH.Amdt.754 On agreeing to the Shalala amendment (A002) Agreed to by voice vote.
2020-01-29HouseDEBATE - Pursuant to the provisions of H.Res. 811, the Committee of the Whole proceeded with 10 minutes of debate on the Shalala amendment No. 2.
2020-01-29HouseH.Amdt.754 Amendment (A002) offered by Ms. Shalala. (consideration: CR H682; text: CR H682)
2020-01-29HouseH.Amdt.753 On agreeing to the DeSaulnier amendment (A001) Agreed to by voice vote.
2020-01-29HouseDEBATE - Pursuant to the provisions of H.Res. 811, the Committee of the Whole proceeded with 10 minutes of debate on the DeSaulnier amendment No. 1.
2020-01-29HouseH.Amdt.753 Amendment (A001) offered by Mr. DeSaulnier. (consideration: CR H681; text: CR H681)
2020-01-29HouseGENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 3621.
2020-01-29HouseThe Speaker designated the Honorable Gregorio Kilili Camacho Sablan to act as Chairman of the Committee.
2020-01-29HouseHouse resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 811 and Rule XVIII.
2020-01-29HouseRule provides for consideration of H.R. 3621. The resolution makes in order a motion that the House concur in the Senate amendment with amendments to H.R. 550. The resolution provides for H.R. 3621 under a structured rule.
2020-01-29HouseConsidered under the provisions of rule H. Res. 811. (consideration: CR H653-697; text: CR H661-681)
2020-01-28HouseRule H. Res. 811 passed House.
2020-01-27HouseRules Committee Resolution H. Res. 811 Reported to House. Rule provides for consideration of H.R. 3621. The resolution makes in order a motion that the House concur in the Senate amendment with amendments to H.R. 550. The resolution provides for H.R. 3621 under a structured rule.
2019-12-09HousePlaced on the Union Calendar, Calendar No. 266.
2019-12-09HouseReported (Amended) by the Committee on Financial Services. H. Rept. 116-331.
2019-07-16HouseOrdered to be Reported (Amended) by the Yeas and Nays: 33 - 25.
2019-07-16HouseCommittee Consideration and Mark-up Session Held.
2019-07-05HouseReferred to the House Committee on Financial Services.
2019-07-05HouseIntroduced in House

Same As/Similar To

HR811 (Related) 2020-01-28 - Motion to reconsider laid on the table Agreed to without objection.
HB3614 (Related) 2019-11-21 - Placed on the Union Calendar, Calendar No. 246.
HB3618 (Related) 2019-11-21 - Placed on the Union Calendar, Calendar No. 247.
HB3622 (Related) 2019-12-23 - Placed on the Union Calendar, Calendar No. 287.
HB3629 (Related) 2019-11-21 - Placed on the Union Calendar, Calendar No. 248.
HB3642 (Related) 2019-12-23 - Placed on the Union Calendar, Calendar No. 288.
HB3621 (Related) 2020-01-30 - Received in the Senate.
HB4328 (Related) 2020-12-08 - Placed on the Union Calendar, Calendar No. 520.
HB5677 (Related) 2020-01-24 - Referred to the House Committee on Financial Services.

Subjects

Administrative law and regulatory procedures
Appropriations
Banking and financial institutions regulation
Business records
Civil actions and liability
Computer security and identity theft
Congressional oversight
Consumer affairs
Consumer credit
Consumer Financial Protection Bureau
Contracts and agency
Credit and credit markets
Crime victims
Criminal investigation, prosecution, interrogation
Criminal justice information and records
Debt collection
Department of Commerce
Department of Health and Human Services
Employee hiring
Employment discrimination and employee rights
Executive agency funding and structure
Finance and financial sector
Foreign language and bilingual programs
Fraud offenses and financial crimes
Government employee pay, benefits, personnel management
Government information and archives
Government studies and investigations
Health care costs and insurance
Health personnel
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Higher education
Immigration status and procedures
Licensing and registrations
Low- and moderate-income housing
Marketing and advertising
Military personnel and dependents
Minority and disadvantaged businesses
Public contracts and procurement
Racial and ethnic relations
Refugees, asylum, displaced persons
Right of privacy
Rural conditions and development
Sex, gender, sexual orientation discrimination
Student aid and college costs
Urban and suburban affairs and development
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