[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4560 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 4560

 To amend the Fair Credit Reporting Act to prohibit consumer reporting 
 agencies that furnish consumer reports for tenant screening purposes 
  from providing certain information, to establish duties of users of 
     consumer reports for housing purposes, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 11, 2023

   Ms. Pressley (for herself, Ms. Tlaib, Ms. Lee of California, Ms. 
Ocasio-Cortez, Ms. Schakowsky, Ms. Norton, Mr. Gomez, Mr. McGovern, Mr. 
 Frost, Mr. Bowman, Ms. Clarke of New York, Mr. Casar, Mr. Johnson of 
 Georgia, Ms. Omar, Ms. Bush, and Ms. Lee of Pennsylvania) introduced 
 the following bill; which was referred to the Committee on Financial 
                                Services

_______________________________________________________________________

                                 A BILL


 
 To amend the Fair Credit Reporting Act to prohibit consumer reporting 
 agencies that furnish consumer reports for tenant screening purposes 
  from providing certain information, to establish duties of users of 
     consumer reports for housing purposes, 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 ``Housing for Formerly Incarcerated 
Reentry and Stable Tenancy Act'' or the ``Housing FIRST Act''.

SEC. 2. DEFINITION OF TENANT SCREENING PURPOSES.

    (a) Definition of Tenant Screening Purposes.--Section 603(h) of the 
Fair Credit Reporting Act (15 U.S.C. 1681a(h)) is amended--
            (1) by inserting ``Employment Purposes and Tenant Screening 
        Purposes.--'' before ``The term'';
            (2) by striking ``The term'' and inserting the following:
            ``(1) Employment purposes.--The term''; and
            (3) by adding at the end the following new paragraph:
            ``(2) Tenant screening purposes.--The term `tenant 
        screening purposes' when used in connection with a consumer 
        report means a report used for the purpose of evaluating a 
        consumer for rental housing or retention as a renter or 
        tenant.''.
    (b) Conforming Amendments.--The Fair Credit Reporting Act (15 
U.S.C. 1681 et seq.) is amended--
            (1) in section 603--
                    (A) in subsection (d)(1)(B), by inserting ``or 
                tenant screening purposes'' after ``employment 
                purposes''; and
                    (B) in subsection (k)--
                            (i) in clause (iii), by striking ``and'' at 
                        the end;
                            (ii) in clause (iv)(II), by striking the 
                        period at the end and inserting ``; and''; and
                            (iii) by adding at the end the following:
                            ``(v) a denial of housing or any other 
                        decision related to the provision of rental 
                        housing that adversely affects any current or 
                        prospective tenant or renter.'';
            (2) in section 604(a)(3)(B), by inserting ``or tenant 
        screening purposes'' after ``employment purposes'';
            (3) in section 605A(i)(4)(I), by striking ``employment, 
        tenant, or background screening purposes'' and inserting 
        ``employment purposes, tenant screening purposes, or background 
        screening purposes'';
            (4) in section 606(d)(2)--
                    (A) by inserting ``or tenant screening purposes'' 
                after ``employment purposes'';
                    (B) by striking ``of the consumer'' and inserting 
                ``of the consumer, or by a housing provider or a 
                prospective housing provider (as applicable)''; and
                    (C) by inserting ``or fair housing'' after ``equal 
                employment opportunity'';
            (5) in section 609(a)(3)(A)(i), by inserting ``or tenant 
        screening purposes'' after ``employment purposes''; and
            (6) in section 613--
                    (A) in the section heading, by inserting ``or 
                tenant screening purposes'' after ``employment 
                purposes''; and
                    (B) in subsection (a)--
                            (i) in the matter preceding paragraph (1), 
                        by inserting ``or tenant screening purposes'' 
                        after ``employment purposes''; and
                            (ii) by inserting ``or rental housing, as 
                        applicable,'' after ``obtain employment'' each 
                        place it appears.

SEC. 3. PROHIBITION ON INFORMATION INCLUDED IN CONSUMER REPORTS 
              FURNISHED FOR TENANT SCREENING PURPOSES.

    The Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) is amended 
by inserting after section 605C the following new section:
``Sec. 605D. Consumer reports for tenant screening purposes
    ``A consumer reporting agency that furnishes a consumer report for 
tenant screening purposes shall not include any information relating to 
the following:
            ``(1) A record for an arrest.
            ``(2) Any juvenile adjudication or conviction, including 
        convictions or adjudications in which a juvenile was tried as 
        an adult.
            ``(3) Non-criminal citations by State or local law 
        enforcement agencies.
            ``(4) Any criminal case resolved through successful 
        completion of diversion, deferred adjudication, deferred entry 
        of judgment, drug court, or a similar judicial program 
        established under State law.
            ``(5) A conviction for which--
                    ``(A) the consumer was sentenced and for which the 
                consumer has completed the sentence; or
                    ``(B) the consumer is on probation or parole.
            ``(6) An offense or offenses related to fees or back 
        payments associated with court costs or incarceration.
            ``(7) A record of a conviction or arrest that has been 
        expunged, sealed, vacated, set aside, or subject to similar 
        relief, or any conviction for which a consumer has been 
        pardoned or granted clemency.''.

SEC. 4. CONDITIONS FOR FURNISHING AND USING CONSUMER REPORTS FOR TENANT 
              SCREENING PURPOSES.

    Section 604(b) of the Fair Credit Reporting Act (15 U.S.C. 
1681b(b)) is amended--
            (1) in the subsection heading, by inserting ``or Tenant 
        Screening Purposes'' after ``Employment Purposes'';
            (2) in paragraph (1)--
                    (A) in the matter preceding subparagraph (A), by 
                inserting ``or tenant screening purposes'' after 
                ``employment purposes''; and
                    (B) in subparagraph (A)(ii), by inserting ``or fair 
                housing'' after ``equal employment opportunity'';
            (3) in paragraph (2)(A)--
                    (A) in the matter preceding clause (i), by 
                inserting ``or tenant screening purposes'' after 
                ``employment purposes''; and
                    (B) in clause (i), by inserting ``or tenant 
                screening purposes'' after ``employment purposes''; and
            (4) in paragraph (3)(A), by inserting ``or tenant screening 
        purposes'' after ``employment purposes''.

SEC. 5. CLARIFICATION FOR SOURCES OF INFORMATION.

    Section 609(a)(2) of the Fair Credit Reporting Act (15 U.S.C. 
1681g(a)(2)) is amended by inserting ``(including any entity from whom 
the consumer reporting agency received such information)'' after ``the 
information''.

SEC. 6. DUTIES OF USERS OF CONSUMER REPORTS FOR HOUSING PURPOSES.

    Section 615 of the Fair Credit Reporting Act (15 U.S.C. 1681m) is 
amended by adding at the end the following new subsection:
    ``(i) Duties of Users for Tenant Screening Purposes.--If a person 
who has procured a consumer report of a consumer for tenant screening 
purposes or takes any adverse action, including denial of rental 
housing, against such consumer based wholly or in part on the report, 
the person--
            ``(1) shall provide to the consumer to whom the report 
        relates a notice containing the information described in 
        subsection (a) within 3 days after such adverse action; and
            ``(2) shall provide the specific reasons for such adverse 
        action, including the information contained in the consumer 
        report that resulted in the adverse action.''.

SEC. 7. PROHIBITION ON STATE REGULATION OF TIME LIMITS FOR INFORMATION 
              EXCLUDED FROM CONSUMER REPORTS.

    Section 625(b)(1)(E) of the Fair Credit Reporting Act (15 U.S.C. 
1681t(b)(1)(E)) is amended--
            (1) by inserting ``the time after which'' after ``relating 
        to''; and
            (2) by inserting ``becomes obsolete'' after ``consumer 
        reports''.

SEC. 8. ADDITIONAL EXCLUSION OF INFORMATION FROM CONSUMER REPORTS.

    Section 605(a)(5) of the Fair Credit Reporting Act (15 U.S.C. 
1681c(a)(5)) is amended by striking ``, other than records of 
convictions of crimes''.

SEC. 9. TECHNICAL AMENDMENT.

    Section 615(h)(8) of the Fair Credit Reporting Act (15 U.S.C. 
1681m(h)(8)) is amended--
            (1) in subparagraph (A), by striking ``this section'' and 
        inserting ``this subsection''; and
            (2) in subparagraph (B), by striking ``This section'' and 
        inserting ``This subsection''.
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