[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3040 Introduced in Senate (IS)]

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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.
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