[Congressional Record Volume 164, Number 106 (Monday, June 25, 2018)]
[House]
[Pages H5586-H5587]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




              THE CREDIT ACCESS AND INCLUSION ACT OF 2017

  Mr. HILL. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 435) 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, as 
amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                H.R. 435

       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 ``The Credit Access and 
     Inclusion Act of 2017''.

     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 new subsection:
       ``(f) Full-File Credit Reporting.--
       ``(1) In general.--Subject to the limitation in paragraph 
     (2) 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.
       ``(2) Limitation.--Information about a consumer's usage of 
     any utility services provided by a utility or 
     telecommunication firm may be furnished to a consumer 
     reporting agency only to the extent that such information 
     relates to payment by the consumer for the services of such 
     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 services.
       ``(3) 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

[[Page H5587]]

       ``(B) the consumer is meeting the obligations of the 
     payment plan, as determined by the energy utility firm.
       ``(4) 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).''.
       (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 new 
     paragraph:
       ``(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 this Act) on consumers.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Arkansas (Mr. Hill) and the gentleman from Minnesota (Mr. Ellison) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Arkansas.


                             General Leave

  Mr. HILL. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days in which to revise and extend their remarks and 
include extraneous material on this bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Arkansas?
  There was no objection.
  Mr. HILL. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, H.R. 435, introduced by my good friend from Minnesota, 
Keith Ellison, The Credit Access and Inclusion Act of 2017, would amend 
the Fair Credit Reporting Act to authorize the Department of Housing to 
furnish consumer credit reports to include an individual's payment 
history from rental payments for a dwelling, including HUD-subsidized 
properties, and payment history for utility and telecommunications 
contracts.
  I want to thank my friend for this great piece of work on his part on 
making credit more accessible, making it easier to get the data that 
consumers need to build a credit record. It is not all just credit card 
payments, Mr. Speaker, or payments to banks.
  This kind of work that my friend from Minnesota has tackled improves 
consumers' ability to build that very, very important thing in our 
society, which is access to credit.
  Mr. Speaker, I reserve the balance of my time.
  Mr. ELLISON. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I want to thank my friend from Arkansas and the 
bipartisan group that came together to make this passage of The Credit 
Access and Inclusion Act possible.
  Mr. Speaker, let me just ask you, and anyone, a question. If you 
could help millions of people get access to an apartment, get a lower-
cost loan, a lower phone or utility deposit all without creating a new 
government program, without spending any government money, without a 
government mandate, and virtually no new tax dollars, would you take 
that deal?
  I think that is a good deal. This is what we are proposing here. I 
know I would take that deal.
  Mr. Speaker, I am urging all Members to vote in favor of the passage 
of The Credit Access and Inclusion Act, because that is what it would 
do simply by saying we are going to use all the data that consumers 
rely on now that is not necessarily credit related but does show that 
they pay their bills to be included in the construction of that credit 
score.
  That is why I am proud to be here today, because the passage of this 
bipartisan Credit Access and Inclusion Act is going to help Americans 
be more successful in this economy. It will reward people who pay their 
utility and their phone bills on time, because it is important to note 
that when those bills are not paid on time, they are already reported.
  People get credit, under this bill, for the bills that they pay on 
time, and still are able and in a position to be able to get perhaps 
lower interest rates, get lower deposits they have to put down, and be 
able to lead more prosperous economic lives.
  This bill is about bringing some basic fairness to the credit scoring 
system. I mean, credit is currently a currency in our society. It 
unlocks access to goods and services hardworking Americans need to 
build some economic security for themselves and their families.
  But there are currently, Mr. Speaker, 26 million, or at least one in 
ten Americans, who do not have a credit record. They are what they call 
invisibles. Another 19 million Americans do not have enough information 
to score. Low-income individuals and racial and ethnic minorities are 
often in the worst shape.
  If we want to do something about closing the wealth gap between 
different peoples of different backgrounds and really bringing economic 
opportunity to all, this is the right bill to take a step.
  About one in four Latinos and African Americans either don't have a 
credit record or don't have enough of a record to score, and almost 
half of the residents of low-income communities do not have a score.
  That doesn't mean they don't have needs, Mr. Speaker. That doesn't 
mean they don't get phones and they don't pay bills and they don't get 
apartments. It just means they tend to pay more for them.
  In fact, we have heard the old adage that the poor pay more. It is 
expensive to be poor. Those things are true. This bill can make that a 
little less true and bring a little bit more happiness and economic 
prosperity to people.
  This bill allows credit rating agencies to use on-time rent, phone, 
and utility payments when determining credit scores. As a result, more 
than a third of previously unscoreable Americans will now have access 
to prime credit and the opportunities that come with it.
  This bill isn't just about access to credit, though. It is about a 
little bit more than that. It is also about saving hardworking 
Americans real money, thousands of dollars, Mr. Speaker, on their car 
loans and on their mortgages, because if you are unscoreable or if your 
score is unnecessarily high because that non-loan data is not counted, 
you may get the loan, but you will pay more for it.
  That is money that could be used to help build a family's wealth, 
create some savings, Mr. Speaker, so that when you get into an 
emergency, you can use your own money as opposed to going to a payday 
lender.
  This is a good bill. That is why it has bipartisan support and that 
is why I am glad that Congressman French Hill and I were able to work 
together on it.
  Mr. Speaker, I ask for a favorable vote, and I yield back the balance 
of my time.
  Mr. HILL. Mr. Speaker, I again want to thank my friend from 
Minnesota. We have worked together on this bill during the year. I am 
pleased to see it back on the floor today.
  Mr. Speaker, I urge bipartisan support for helping all American 
consumers have a new and better way to help build their credit and get 
access to credit to preserve the American Dream.
  Mr. Speaker, we have no other speakers on this side, and I yield back 
the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Arkansas (Mr. Hill) that the House suspend the rules and 
pass the bill, H.R. 435, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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