[Congressional Record Volume 167, Number 198 (Monday, November 15, 2021)]
[Senate]
[Page S8097]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 4572. Mr. CORNYN (for himself, Ms. Cortez Masto, and Mr. Lujan)
submitted an amendment intended to be proposed to amendment SA 3867
submitted by Mr. Reed and intended to be proposed to the bill H.R.
4350, to authorize appropriations for fiscal year 2022 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. _____. ADVERSE INFORMATION IN CASES OF TRAFFICKING.
(a) In General.--The Fair Credit Reporting Act (15 U.S.C.
1681 et seq.) is amended by inserting after section 605B the
following:
``Sec. 605C Adverse information in cases of trafficking
``(a) Definitions.--In this section:
``(1) Trafficking documentation.--The term `trafficking
documentation' means--
``(A) documentation of--
``(i) a determination by a Federal, State, or Tribal
governmental entity that a consumer is a victim of
trafficking; or
``(ii) a determination by a court of competent jurisdiction
that a consumer is a victim of trafficking; and
``(B) documentation that identifies items of adverse
information that should not be furnished by a consumer
reporting agency because the items resulted from the severe
form of trafficking in persons or sex trafficking of which
the consumer is a victim.
``(2) Victim of trafficking.--The term `victim of
trafficking' means a person who is a victim of a severe form
of trafficking in persons or sex trafficking, as those terms
are defined in section 103 of the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7102).
``(b) Adverse Information.--A consumer reporting agency may
not furnish a consumer report containing any adverse item of
information about a consumer that resulted from a severe form
of trafficking in persons or sex trafficking if the consumer
has provided trafficking documentation to the consumer
reporting agency.
``(c) Rulemaking.--
``(1) In general.--Not later than 180 days after the date
of the enactment of this section, the Director shall
promulgate regulations to implement subsection (a).
``(2) Contents.--The regulations issued pursuant to
paragraph (1) shall establish a method by which consumers
shall submit trafficking documentation to consumer reporting
agencies.''.
(b) Table of Contents Amendment.--The table of contents of
the Fair Credit Reporting Act is amended by inserting after
the item relating to section 605B the following:
``605C. Adverse information in cases of trafficking.''.
(c) Effective Date.--The amendments made by this section
shall apply on the date that is 30 days after the date on
which the Director of the Bureau of Consumer Financial
Protection issues a rule pursuant to section 605C(c) of the
Fair Credit Reporting Act, as added by subsection (a) of this
section. Any rule issued by the Director to implement such
section 605C shall be limited to preventing a consumer
reporting agency from furnishing a consumer report containing
any adverse item of information about a consumer that
resulted from trafficking.
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