[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2631 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                S. 2631

 To amend the Fair Credit Reporting Act to accurately report identity 
   theft transactions in the credit histories of criminal defendants.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 17, 2019

   Mr. Scott of Florida (for himself, Mrs. Capito, Mrs. Fischer, Mr. 
 Rubio, Mr. Cotton, and Mrs. Blackburn) 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 accurately report identity 
   theft transactions in the credit histories of criminal defendants.

    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 ``Identity Theft Victims Protection 
Act of 2019''.

SEC. 2. ACCURATE REPORTING OF CREDIT HISTORY INFORMATION RELATED TO 
              IDENTITY THEFT.

    (a) In General.--The Fair Credit Reporting Act (15 U.S.C. 1681 et 
seq.) is amended by inserting after section 605B (15 U.S.C. 1681c-2) 
the following:

``SEC. 605C. ACCURATE REPORTING OF CREDIT HISTORY INFORMATION RELATED 
              TO IDENTITY THEFT.

    ``(a) Purpose.--The purpose of this section is--
            ``(1) to prevent information that is the result of identity 
        theft from appearing in the credit history of a victim 
        consumer; and
            ``(2) to accurately report the information in the credit 
        history of the confirmed perpetrator of identity theft 
        following a finding of guilt for a violation of section 
        1028(a)(7) or 1028A(a) of title 18, United States Code.
    ``(b) Transfer of Identity Theft Credit Information.--Upon direct 
request of a victim consumer, or an individual acting on behalf of or 
as a personal representative of a victim consumer, a consumer reporting 
agency described in section 603(p) that maintains a file on the 
consumer and has received appropriate proof of an act or acts of 
identity theft, as described in subsection (c), shall--
            ``(1) remove any information in the file of a victim 
        consumer confirmed to be the result of identity theft; and
            ``(2) add the removed information to the file of the 
        defendant found guilty of the identity theft.
    ``(c) Information Necessary to Effect Transfer.--The direct request 
of a victim consumer, or an individual acting on behalf of or as a 
personal representative of a victim consumer under subsection (b), 
shall include the following information:
            ``(1) A certified copy of the indictment, information, or 
        charging instrument filed in a court of competent jurisdiction 
        alleging 1 or more acts of identity theft, in violation of 
        section 1028 or 1028A(a) of title 18, United States Code, by a 
        named defendant against a named victim consumer.
            ``(2) Appropriate proof of the identity of the defendant.
            ``(3) Appropriate proof of the identity of the victim 
        consumer.
            ``(4) A certified copy of the judgment entered by a court 
        of competent jurisdiction declaring the defendant guilty of 1 
        or more acts of identity theft or aggravated identity theft, as 
        alleged in the indictment, information, or charging instrument, 
        against the victim consumer.
            ``(5) Identification by the victim consumer of the 
        information related to the confirmed act or acts of identity 
        theft or aggravated identity theft by the defendant.
            ``(6) A statement by the victim consumer that the 
        information is not information relating to any transaction by 
        the consumer.
    ``(d) Authority To Request Additional Information.--A consumer 
reporting agency may request additional information from the individual 
or entity submitting information under subsection (b) if such 
additional information is necessary to confirm--
            ``(1) the identity of the victim consumer or the defendant;
            ``(2) the authenticity of any court document; or
            ``(3) the information in the file of the victim consumer 
        requested to be removed.
    ``(e) Notification to Furnishers of Information.--A consumer 
reporting agency shall promptly notify the furnisher of information 
identified by the victim consumer under subsection (b)--
            ``(1) that the information is the result of a judicially 
        confirmed act of identity theft by the named defendant;
            ``(2) that the information identified as the result of 
        identity theft has been removed from the file of the victim 
        consumer, and the information has been added to the file of the 
        defendant; and
            ``(3) the effective date of the addition of the information 
        to the file of the defendant.
    ``(f) Notification to Consumer Reporting Agencies.--A consumer 
reporting agency described in section 603(p) that maintains a file on 
the consumer and has received the materials and information described 
in subsection (c) shall refer such information to each of the other 
consumer reporting agencies described in subsection 603(p), in 
accordance with procedures developed under section 621(f).
    ``(g) Definition.--In this section, the term `victim consumer' has 
the meaning given the term `victim' in section 609(e).''.
    (b) Technical and Conforming Amendment.--The table of contents for 
the Fair Credit Reporting Act is amended by inserting after the item 
relating to section 605B the following:

``605C. Accurate reporting of credit history information related to 
                            identity theft.''.
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