[House Report 116-653]
[From the U.S. Government Publishing Office]


116th Congress    }                                    {        Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                    {       116-653

======================================================================



 
          CONSUMER PROTECTION FOR MEDICAL DEBT COLLECTIONS ACT

                                _______
                                

 December 15, 2020.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

  Ms. Waters, from the Committee on Financial Services, submitted the 
                               following

                              R E P O R T

                             together with

                             MINORITY VIEWS

                        [To accompany H.R. 5330]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Financial Services, to whom was referred 
the bill (H.R. 5330) to amend the Fair Debt Collection 
Practices Act to provide a timetable for verification of 
medical debt and to increase the efficiency of credit markets 
with more perfect information, to prohibit consumer reporting 
agencies from issuing consumer reports containing information 
about debts related to medically necessary procedure, about and 
for other purposes, having considered the same, reports 
favorably thereon with amendments and recommends that the bill 
as amended do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     3
Background and Need for Legislation..............................     3
Section-by-Section Analysis......................................     4
Hearings.........................................................     4
Committee Consideration..........................................     5
Committee Votes..................................................     5
Statement of Oversight Findings and Recommendations of the 
  Committee......................................................     8
Statement of Performance Goals and Objectives....................     8
New Budget Authority and CBO Cost Estimate.......................     8
Committee Cost Estimate..........................................    10
Unfunded Mandate Statement.......................................    10
Advisory Committee...............................................    10
Application of Law to the Legislative Branch.....................    10
Earmark Statement................................................    11
Duplication of Federal Programs..................................    11
Changes to Existing Law..........................................    11

    The amendments are as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Consumer Protection for Medical Debt 
Collections Act''.

SEC. 2. AMENDMENTS TO THE FAIR DEBT COLLECTION PRACTICES ACT.

  (a) Definition.--Section 803 of the Fair Debt Collection Practices 
Act (15 U.S.C. 1692a) is amended by adding at the end the following:
                  ``(9) The term `medical debt' means a debt arising 
                from the receipt of medical services, products, or 
                devices.''.
  (b) Unfair Practices.--Section 808 of the Fair Debt Collection 
Practices Act (15 U.S.C. 1692f) is amended by adding at the end the 
following:
                  ``(9) Engaging in activities to collect or attempting 
                to collect a medical debt owed or due or asserted to be 
                owed or due by a consumer, before the end of the 2-year 
                period beginning on the date that the first payment 
                with respect to such medical debt is due.''.

SEC. 3. PROHIBITION ON CONSUMER REPORTING AGENCIES REPORTING CERTAIN 
                    MEDICAL DEBT.

  (a) Definition.--Section 603 of the Fair Credit Reporting Act (15 
U.S.C. 1681a) is amended by adding at the end the following:
  ``(bb) Medical Debt.--The term `medical debt' means a debt arising 
from the receipt of medical services, products, or devices.
  ``(cc) Medically Necessary Procedure.--The term `medically necessary 
procedure' means--
          ``(1) health care services or supplies needed to diagnose or 
        treat an illness, injury, condition, disease, or its symptoms 
        and that meet accepted standards of medicine; and
          ``(2) health care to prevent illness or detect illness at an 
        early stage, when treatment is likely to work best (including 
        preventive services such as pap tests, flu shots, and screening 
        mammograms).''.
  (b) In General.--Section 605(a) of the Fair Credit Reporting Act (15 
U.S.C. 1681c(a)) is amended by adding at the end the following new 
paragraphs:
          ``(9) Any information related to a debt arising from a 
        medically necessary procedure.
          ``(10) Any information related to a medical debt, if the date 
        on which such debt was placed for collection, charged to profit 
        or loss, or subjected to any similar action antedates the 
        report by less than 365 calendar days.''.

SEC. 4. REQUIREMENTS FOR FURNISHERS OF MEDICAL DEBT INFORMATION.

  (a) Additional Notice Requirements for Medical Debt.--Section 623 of 
the Fair Credit Reporting Act (15 U.S.C. 1681s-2) is amended by adding 
at the end the following:
  ``(f) Additional Notice Requirements for Medical Debt.--Before 
furnishing information regarding a medical debt of a consumer to a 
consumer reporting agency, the person furnishing the information shall 
send a statement to the consumer that includes the following:
          ``(1) A notification that the medical debt--
                  ``(A) may not be included on a consumer report made 
                by a consumer reporting agency until the later of the 
                date that is 365 days after--
                          ``(i) the date on which the person sends the 
                        statement;
                          ``(ii) with respect to the medical debt of a 
                        borrower demonstrating hardship, a date 
                        determined by the Director of the Bureau; or
                          ``(iii) the date described under section 
                        605(a)(10); and
                  ``(B) may not ever be included on a consumer report 
                made by a consumer reporting agency, if the medical 
                debt arises from a medically necessary procedure.
          ``(2) A notification that, if the debt is settled or paid by 
        the consumer or an insurance company before the end of the 
        period described under paragraph (1)(A), the debt may not be 
        reported to a consumer reporting agency.
          ``(3) A notification that the consumer may--
                  ``(A) communicate with an insurance company to 
                determine coverage for the debt; or
                  ``(B) apply for financial assistance.''.
  (b) Furnishing of Medical Debt Information.--Section 623 of the Fair 
Credit Reporting Act (15 U.S.C. 1681s-2), as amended by subsection (a), 
is further amended by adding at the end the following:
  ``(g) Furnishing of Medical Debt Information.--
          ``(1) Prohibition on reporting debt related to medically 
        necessary procedures.--No person shall furnish any information 
        to a consumer reporting agency regarding a debt arising from a 
        medically necessary procedure.
          ``(2) Treatment of other medical debt information.--With 
        respect to a medical debt not described under paragraph (1), no 
        person shall furnish any information to a consumer reporting 
        agency regarding such debt before the end of the 365-day period 
        beginning on the later of--
                  ``(A) the date on which the person sends the 
                statement described under subsection (f) to the 
                consumer;
                  ``(B) with respect to the medical debt of a borrower 
                demonstrating hardship, a date determined by the 
                Director of the Bureau; or
                  ``(C) the date described in section 605(a)(10).
          ``(3) Treatment of settled or paid medical debt.--With 
        respect to a medical debt not described under paragraph (1), no 
        person shall furnish any information to a consumer reporting 
        agency regarding such debt if the debt is settled or paid by 
        the consumer or an insurance company before the end of the 365-
        day period described under paragraph (2).
          ``(4) Borrower demonstrating hardship defined.--In this 
        subsection, and with respect to a medical debt, the term 
        `borrower demonstrating hardship' means a borrower or a class 
        of borrowers who, as determined by the Director of the Bureau, 
        is facing or has experienced unusual extenuating life 
        circumstances or events that result in severe financial or 
        personal barriers such that the borrower or class of borrowers 
        does not have the capacity to repay the medical debt.''.

SEC. 5. EFFECTIVE DATE.

  This Act and the amendments made by this Act shall take effect on the 
date that is 180 days after the date of enactment of this Act.

    Amend the title so as to read:
    A bill to amend the Fair Debt Collection Practices Act to 
provide a timetable for the collection of medical debt by debt 
collectors, to amend the Fair Credit Reporting Act to prohibit 
consumer reporting agencies from issuing consumer reports 
containing information about debts related to medically 
necessary procedures, and for other purposes.

                          Purpose and Summary

    On December 5, 2019, Congresswoman Rashida Tlaib introduced 
H.R. 5330, the ``Consumer Protection for Medical Debt 
Collections Act,'' which would bar entities from collecting 
medical debt or reporting it to a consumer reporting agency 
without giving a consumer notice about their rights under Fair 
Debt Collection Practices Act (FDCPA) and Fair Credit Reporting 
Act (FCRA) related to that debt, including a minimum one-year 
delay before adverse information is reported to a consumer 
reporting agency. This legislation outright bans the reporting 
of medical debt arising from medically necessary procedures.

                  Background and Need for Legislation

    Debt collectors increasingly contact individuals for their 
medical bills than other forms of debt. Fifty-nine percent of 
consumers received calls and letters related to collections of 
medical debt. The costs of treating illnesses and other medical 
conditions can cause consumers to avoid healthcare services and 
rely on over-the-counter drugs rather than seeing a medical 
provider. Medical bills can be expensive for households, and 
the delinquency of payments has led to individuals falling into 
bankruptcy and hurting their credit report. The American 
Journal of Public Health conducted a survey of 2013-2016 
bankruptcy filers and found that 59% of respondents agreed that 
medical debt played a role in their bankruptcy.
    The Consumer Financial Protection Bureau has also found 
that the medical pricing, billing, and reimbursement process 
lacks transparency and is prone to consumer confusion, which 
can result in consumers delaying or withholding payments until 
they have adequate time to clarify or resolve disputes with 
their insurance companies or medical service providers about 
what they actually owe.

                      Section-by-Section Analysis


Section 1. Short title

    This section provides that H.R. 5330 may be cited as the 
``Consumer Protections for Medical Debt Collections Act''.

Section 2. Amendments to the Fair Debt Collection Practices Act

    This section amends Section 809 of the Fair Debt Collection 
Practices Act.
    This section provides a definition for medical debt and 
references the statutory definition of a Consumer Reporting 
Agency (CRA). This section also requires that the entity 
reporting the medical debt of a consumer to a consumer 
reporting agency will, prior to reporting the debt, send the 
consumer a disclosure that informs the consumer that medical 
debt may not be reported to a CRA until the end of the one year 
period of the medical debt statement or the last day a consumer 
made a payment on the medical debt. The entity must also send a 
notification to the consumer that says if the debt is paid or 
settled by the consumer or insurance company before the end of 
the one year period described above, the debt may not be 
reported to a CRA and that the consumer has the right to 
contact their insurance agency to determine debt coverage. This 
section also bans debt collectors from engaging in activities 
to collect or attempt to collect medical debt owed within the 
one-year period described above.

Section 3. Prohibition on reporting medically necessary procedures

    This section amends section 605(a) of the Fair Credit 
Reporting Act.
    This section bans an entity from reporting information 
related to a debt arising from a medically necessary procedure.

                                Hearings

    For the purposes of section 103(i) of H. Res. 6 for the 
116th Congress--
    (1) On September 26, 2019, the Committee on Financial 
Services held a hearing entitled, ``Examining Legislation to 
Protect Consumers and Small Business Owners from Abusive Debt 
Collection Practices'' to discuss three bills and seven 
discussion drafts. A discussion draft of HR 5330, the 
``Examining Legislation to Protect Consumers and Small Business 
Owners from Abusive Debt Collection Practices'', was 
considered. This single-panel hearing consisted of witnesses 
from the Federal Trade Commission, consumer advocates, consumer 
law centers, and debt collection attorneys. The hearing allowed 
members to hear from witnesses about predatory debt collection 
practices and discuss the limitations of the Fair Debt 
Collection Practices Act.
    (2) The Committee on Financial Services held a hearing, 
entitled ``Who's Keeping Score? Holding Credit Bureaus 
Accountable and Repairing a Broken System'' to consider the 
``Comprehensive Consumer Credit Reporting Reform Act of 2019'' 
on February 26, 2019. The two-panel hearing consisted of first 
the three CEOs of the three largest Credit Reporting Agencies: 
Equifax, TransUnion, and Experian. Witnesses on the second 
panel included representatives from the National Fair Housing 
Alliance, the National Consumer Law Center, UnidosUS, U.S. 
Public Interest Research Group (PIRG), and a Paul Hastings 
partner and attorney. The hearing allowed Members of the 
Financial Services Committee to hear from witnesses about the 
continuing challenges modernizing the Fair Credit Reporting Act 
to better protect consumers and their data, as well as other 
legislation to help overcome those challenges.

                        Committee Consideration

    The Committee on Financial Services met in open session on 
December 11, 2019 and ordered H.R. 5330 to be reported 
favorably to the House as amended in the nature of a substitute 
by a recorded vote of 31 yeas and 24 neas, a quorum being 
present.

                  Committee Votes and Roll Call Votes

    In compliance with clause 3(b) of rule XIII of the Rules of 
the House of Representatives, the Committee advises that the 
following roll call votes occurred during the Committee's 
consideration of H.R. 5330:


		[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


  Statement of Oversight Findings and Recommendations of the Committee

    In compliance with clause 3(c)(1) of rule XIII and clause 
2(b)(1) of rule X of the Rules of the House of Representatives, 
the Committee's oversight findings and recommendations are 
reflected in the descriptive portions of this report.

             Statement of Performance Goals and Objectives

    Pursuant to clause (3)(c) of rule XIII of the Rules of the 
House of Representatives, the goals of H.R. 5330 are to ensure 
consumers suffering from medical emergencies or conditions have 
an opportunity to repay that debt before it negatively impacts 
their credit scores and access to credit.

               New Budget Authority and CBO Cost Estimate

    Pursuant to clause 3(c)(2) of rule XIII of the Rules of the 
House of Representatives and section 308(a) of the 
Congressional Budget Act of 1974, and pursuant to clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 402 of the Congressional Budget Act 
of 1974, the Committee has received the following estimate for 
H.R. 5330 from the Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                                    Washington, DC.
Hon. Maxine Waters,
Chairwoman, Committee on Financial Services,
House of Representatives, Washington, DC.
    Dear Madam Chairwoman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 5330, the Consumer 
Protection for Medical Debt Collections Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is David Hughes.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.

    	      [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
    

    H.R. 5330 would amend the Fair Debt Collection Practices 
Act (FDCPA) to require debt collectors to wait at least two 
years after the first payment of a medical debt is due before 
engaging in activities to collect that debt. Under the bill, 
consumer reporting agencies (CRAs) would be prohibited from 
assembling consumer reports that contain information about a 
medical debt arising from a medically necessary procedure or a 
medical debt placed for collection less than one year preceding 
the report's creation. The bill would place similar 
prohibitions upon entities that furnish information about 
medical debt to CRAs.
    The Federal Trade Commission (FTC) is primarily responsible 
for enforcing violations of the FDCPA. Using information from 
the FTC, CBO estimates that it would cost the FTC less than 
$500,000 over the 2021-2025 period to enforce potential 
violations of the amended statute. Any spending would be 
subject to the availability of appropriated funds.
    The Consumer Financial Protection Bureau (CFPB) is 
responsible for issuing regulations to implement the FDCPA. 
Using information from the CFPB, CBO estimates that the bureau 
would require three employees at a cost of $220,000 per 
employee to issue rules prohibiting debt collectors and CRAs 
from engaging in the newly restricted activities under the 
bill. On that basis, CBO estimates that enacting H.R. 5330 
would cost the CFPB $1 million over the 2021-2030 period. The 
CFPB has permanent authority, not subject to annual 
appropriation, to spend amounts transferred from the Federal 
Reserve.
    The bill would impose intergovernmental and private-sector 
mandates, as defined in the Unfunded Mandates Reform Act 
(UMRA). CBO estimates the cost to comply with private-sector 
mandates would exceed the threshold established in UMRA ($168 
million in 2020, adjusted annually for inflation). However, the 
cost to comply with the intergovernmental mandates would not 
exceed the threshold established in UMRA ($84 million in 2020, 
adjusted annually for inflation).
    The bill would prohibit debt collectors from collecting 
amounts owed for medical debt for at least two years after the 
first payment on that debt is due. Using information from 
industry sources, the CFPB, and an analysis of state laws 
governing the statute of limitations for medical debt, CBO 
estimates that the cost of the mandate, in the form of foregone 
and delayed collections by debt collectors, would be 
substantially over the threshold.
    H.R. 5530 also would prohibit CRAs from issuing consumer 
reports containing information on debts for medically necessary 
procedures and medical debt that has been in collections for 
less than a year. CBO estimates that the cost for CRAs to 
comply with the prohibitions would be small.
    The FDCPA preempts state laws that conflict with its 
provisions and any amendments that would broaden its scope 
would be an intergovernmental mandate as defined in UMRA. H.R. 
5330 would expand the FDCPA to include certain medical debt 
collections. Although the bill would limit the application of 
state laws, it would impose no duty on states that would result 
in additional spending or loss of revenue. Consequently, the 
cost would not exceed the threshold established in the UMRA for 
intergovernmental mandates.
    The CBO staff contacts for this estimate are David Hughes 
(for federal costs) and Rachel Austin (for mandates). The 
estimate was reviewed by H. Samuel Papenfuss, Deputy Assistant 
Director for Budget Analysis.

                        Committee Cost Estimate

    Clause 3(d)(1) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison of the 
costs that would be incurred in carrying out H.R. 5330. 
However, clause 3(d)(2)(B) of that rule provides that this 
requirement does not apply when the committee has included in 
its report a timely submitted cost estimate of the bill 
prepared by the Director of the Congressional Budget Office 
under section 402 of the Congressional Budget Act, which is 
attached.

                       Unfunded Mandate Statement

    Pursuant to Section 423 of the Congressional Budget and 
Impoundment Control Act (as amended The Committee adopts as its 
own the estimate of federal mandates regarding H.R. 5330, as 
amended, prepared by the Director of the Congressional Budget 
Office.

                           Advisory Committee

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

              Application of Law to the Legislative Branch

    Pursuant to section 102(b)(3) of the Congressional 
Accountability Act, Pub. L. No. 104-1 H.R. 5330, as amended, 
does not apply to terms and conditions of employment or to 
access to public services or accommodations within the 
legislative branch.

                           Earmark Statement

    In accordance with clause 9 of rule XXI of the Rules of the 
House of Representatives, H.R. 5330 does not contain any 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as described in clauses 9(e), 9(f), and 9(g) of rule 
XXI.

                    Duplication of Federal Programs

    Pursuant to clause 3(c)(5) of rule XIII of the Rules of the 
House of Representatives, the Committee states that no 
provision of H.R. 5330 establishes or reauthorizes a program of 
the Federal Government known to be duplicative of another 
federal program, a program that was included in any report from 
the Government Accountability Office to Congress pursuant to 
section 21 of Public Law 111-139, or a program related to a 
program identified in the most recent Catalog of Federal 
Domestic Assistance.

                        Changes to Existing Law

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, H.R. 5330, as reported, are shown as follows:

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italics and existing law in which no change is 
proposed is shown in roman):

                   FAIR DEBT COLLECTION PRACTICES ACT

TITLE VIII--DEBT COLLECTION PRACTICES

           *       *       *       *       *       *       *


Sec. 803. Definitions

   As used in this title--
          (1) The term ``Bureau'' means the Bureau of Consumer 
        Financial Protection.
          (2) The term ``communication'' means the conveying of 
        information regarding a debt directly or indirectly to 
        any person through any medium.
          (3) The term ``consumer'' means any natural person 
        obligated or allegedly obligated to pay any debt.
          (4) The term ``creditor'' means any person who offers 
        or extends credit creating a debt or to whom a debt is 
        owed, but such term does not include any person to the 
        extent that he receives an assignment or transfer of a 
        debt in default solely for the purpose of facilitating 
        collection of such debt for another.
          (5) The term ``debt'' means any obligation or alleged 
        obligation of a consumer to pay money arising out of a 
        transaction in which the money, property, insurance, or 
        services which are the subject of the transaction are 
        primarily for personal, family, or household purposes, 
        whether or not such obligation has been reduced to 
        judgment.
          (6) The term ``debt collector'' means any person who 
        uses any instrumentality of interstate commerce or the 
        mails in any business the principal purpose of which is 
        the collection of any debts, or who regularly collects 
        or attempts to collect, directly or indirectly, debts 
        owed or due or asserted to be owed or due another. 
        Notwithstanding the exclusion provided by clause (F) of 
        the last sentence of this paragraph, the term includes 
        any creditor who, in the process of collecting his own 
        debts, uses any name other than his own which would 
        indicate that a third person is collecting or 
        attempting to collect such debts. For the purpose of 
        section 808(6), such term also includes any person who 
        uses any instrumentality of interstate commerce or the 
        mails in any business the principal purpose of which is 
        the enforcement of security interests. The term does 
        not include--
                  (A) any officer or employee of a creditor 
                while, in the name of the creditor, collecting 
                debts for such creditor;
                  (B) any person while acting as a debt 
                collector for another person, both of whom are 
                related by common ownership or affiliated by 
                corporate control, if the person acting as a 
                debt collector does so only for persons to whom 
                it is so related or affilated and if the 
                principal business of such person is not the 
                collection of debts;
                  (C) any officer or employee of the United 
                States or any State to the extent that 
                collecting or attempting to collect any debt is 
                in the performance of his official duties;
                  (D) any person while serving or attempting to 
                serve legal process on any other person in 
                connection with the judicial enforcement of any 
                debt;
                  (E) any nonprofit organization which, at the 
                request of consumers, performs bona fide 
                consumer credit counseling and assists 
                consumers in the liquidation of their debts by 
                receiving payments from such consumers and 
                distributing such amounts to creditors;
                  (F) any person collecting or attempting to 
                collect any debt owed or due or asserted to be 
                owed or due another to the extent such activity 
                (i) is incidental to a bona fide fiduciary 
                obligation or a bona fide escrow arrangement; 
                (ii) concerns a debt which was originated by 
                such person; (iii) concerns a debt which was 
                not in default at the time it was obtained by 
                such person; or (iv) concerns a debt obtained 
                by such person as a secured party in a 
                commercial credit transaction involving the 
                creditor.
          (7) The term ``location information'' means a 
        consumer's place of abode and his telephone number at 
        such place, or his place of employment.
          (8) The term ``State'' means any State, territory, or 
        possession of the United States, the District of 
        Columbia, the Commonwealth of Puerto Rico, or any 
        political subdivision of any of the foregoing.
          (9) The term ``medical debt'' means a debt arising 
        from the receipt of medical services, products, or 
        devices.

           *       *       *       *       *       *       *


Sec. 808. Unfair practices

   A debt collector may not use unfair or unconscionable means 
to collect or attempt to collect any debt. Without limiting the 
general application of the foregoing, the following conduct is 
a violation of this section:
          (1) The collection of any amount (including any 
        interest, fee, charge, or expense incidental to the 
        principal obligation) unless such amount is expressly 
        authorized by the agreement creating the debt or 
        permitted by law.
          (2) The acceptance by a debt collector from any 
        person of a check or other payment instrument postdated 
        by more than five days unless such person is notified 
        in writing of the debt collector's intent to deposit 
        such check or instrument not more than ten nor less 
        than three business days prior to such deposit.
          (3) The solicitation by a debt collector of any 
        postdated check or other postdated payment instrument 
        for the purpose of threatening or instituting criminal 
        prosecution.
          (4) Depositing or threatening to deposit any 
        postdated check or other postdated payment instrument 
        prior to the date on such check or instrument.
          (5) Causing charges to be made to any person for 
        communications by concealment of the true purpose of 
        the communication. Such charges include, but are not 
        limited to, collect telephone calls and telegram fees.
          (6) Taking or threatening to take any nonjudicial 
        action to effect dispossession or disablement of 
        property if--
                  (A) there is no present right to possession 
                of the property claimed as collateral through 
                an enforceable security interest;
                  (B) there is no present intention to take 
                possession of the property; or
                  (C) the property is exempt by law from such 
                dispossession or disablement.
          (7) Communicating with a consumer regarding a debt by 
        post card.
          (8) Using any language or symbol, other than the debt 
        collector's address, on any envelope when communicating 
        with a consumer by use of the mails or by telegram, 
        except that a debt collector may use his business name 
        if such name does not indicate that he is in the debt 
        collection business.
          (9) Engaging in activities to collect or attempting 
        to collect a medical debt owed or due or asserted to be 
        owed or due by a consumer, before the end of the 2-year 
        period beginning on the date that the first payment 
        with respect to such medical debt is due.

           *       *       *       *       *       *       *

                              ----------                              


                       FAIR CREDIT REPORTING ACT

TITLE VI--CONSUMER CREDIT REPORTING

           *       *       *       *       *       *       *


Sec. 603. Definitions and rules of construction

  (a) Definitions and rules of construction set forth in this 
section are applicable for the purposes of this title.
  (b) The term ``person'' means any individual, partnership, 
corporation, trust, estate, cooperative, association, 
government or governmental subdivision or agency, or other 
entity.
  (c) The term ``consumer'' means an individual.
  (d) Consumer Report.--
          (1) In general.--The term ``consumer report'' means 
        any written, oral, or other communication of any 
        information by a consumer reporting agency bearing on a 
        consumer's credit worthiness, credit standing, credit 
        capacity, character, general reputation, personal 
        characteristics, or mode of living which is used or 
        expected to be used or collected in whole or in part 
        for the purpose of serving as a factor in establishing 
        the consumer's eligibility for--
                  (A) credit or insurance to be used primarily 
                for personal, family, or household purposes;
                  (B) employment purposes; or
                  (C) any other purpose authorized under 
                section 604.
          (2) Exclusions.--Except as provided in paragraph (3), 
        the term ``consumer report'' does not include--
                  (A) subject to section 624, any--
                          (i) report containing information 
                        solely as to transactions or 
                        experiences between the consumer and 
                        the person making the report;
                          (ii) communication of that 
                        information among persons related by 
                        common ownership or affiliated by 
                        corporate control; or
                          (iii) communication of other 
                        information among persons related by 
                        common ownership or affiliated by 
                        corporate control, if it is clearly and 
                        conspicuously disclosed to the consumer 
                        that the information may be 
                        communicated among such persons and the 
                        consumer is given the opportunity, 
                        before the time that the information is 
                        initially communicated, to direct that 
                        such information not be communicated 
                        among such persons;
                  (B) any authorization or approval of a 
                specific extension of credit directly or 
                indirectly by the issuer of a credit card or 
                similar device;
                  (C) any report in which a person who has been 
                requested by a third party to make a specific 
                extension of credit directly or indirectly to a 
                consumer conveys his or her decision with 
                respect to such request, if the third party 
                advises the consumer of the name and address of 
                the person to whom the request was made, and 
                such person makes the disclosures to the 
                consumer required under section 615; or
                  (D) a communication described in subsection 
                (o) or (x).
          (3) Restriction on sharing of medical information.--
        Except for information or any communication of 
        information disclosed as provided in section 604(g)(3), 
        the exclusions in paragraph (2) shall not apply with 
        respect to information disclosed to any person related 
        by common ownership or affiliated by corporate control, 
        if the information is--
                  (A) medical information;
                  (B) an individualized list or description 
                based on the payment transactions of the 
                consumer for medical products or services; or
                  (C) an aggregate list of identified consumers 
                based on payment transactions for medical 
                products or services.
  (e) The term ``investigative consumer report'' means a 
consumer report or portion thereof in which information on a 
consumer's character, general reputation, personal 
characteristics, or mode of living is obtained through personal 
interviews with neighbors, friends, or associates of the 
consumer reported on or with others with whom he is acquainted 
or who may have knowledge concerning any such items of 
information. However, such information shall not include 
specific factual information on a consumer's credit record 
obtained directly from a creditor of the consumer or from a 
consumer reporting agency when such information was obtained 
directly from a creditor of the consumer or from the consumer.
  (f) The term ``consumer reporting agency'' means any person 
which, for monetary fees, dues, or on a cooperative nonprofit 
basis, regularly engages in whole or in part in the practice of 
assembling or evaluating consumer credit information or other 
information on consumers for the purpose of furnishing consumer 
reports to third parties, and which uses any means or facility 
of interstate commerce for the purpose of preparing or 
furnishing consumer reports.
  (g) The term ``file'', when used in connection with 
information on any consumer, means all of the information on 
that consumer recorded and retained by a consumer reporting 
agency regardless of how the information is stored.
  (h) The term ``employment purposes'' when used in connection 
with a consumer report means a report used for the purpose of 
evaluating a consumer for employment, promotion, reassignment 
or retention as an employee.
  (i) Medical Information.--The term ``medical information''--
          (1) means information or data, whether oral or 
        recorded, in any form or medium, created by or derived 
        from a health care provider or the consumer, that 
        relates to--
                  (A) the past, present, or future physical, 
                mental, or behavioral health or condition of an 
                individual;
                  (B) the provision of health care to an 
                individual; or
                  (C) the payment for the provision of health 
                care to an individual.
          (2) does not include the age or gender of a consumer, 
        demographic information about the consumer, including a 
        consumer's residence address or e-mail address, or any 
        other information about a consumer that does not relate 
        to the physical, mental, or behavioral health or 
        condition of a consumer, including the existence or 
        value of any insurance policy.
  (j) Definitions Relating to Child Support Obligations.--
          (1) Overdue support.--The term ``overdue support'' 
        has the meaning given to such term in section 466(e) of 
        the Social Security Act.
          (2) State or local child support enforcement 
        agency.--The term ``State or local child support 
        enforcement agency'' means a State or local agency 
        which administers a State or local program for 
        establishing and enforcing child support obligations.
  (k) Adverse Action.--
          (1) Actions included.--The term ``adverse action''--
                  (A) has the same meaning as in section 
                701(d)(6) of the Equal Credit Opportunity Act; 
                and
                  (B) means--
                          (i) a denial or cancellation of, an 
                        increase in any charge for, or a 
                        reduction or other adverse or 
                        unfavorable change in the terms of 
                        coverage or amount of, any insurance, 
                        existing or applied for, in connection 
                        with the underwriting of insurance;
                          (ii) a denial of employment or any 
                        other decision for employment purposes 
                        that adversely affects any current or 
                        prospective employee;
                          (iii) a denial or cancellation of, an 
                        increase in any charge for, or any 
                        other adverse or unfavorable change in 
                        the terms of, any license or benefit 
                        described in section 604(a)(3)(D); and
                          (iv) an action taken or determination 
                        that is--
                                  (I) made in connection with 
                                an application that was made 
                                by, or a transaction that was 
                                initiated by, any consumer, or 
                                in connection with a review of 
                                an account under section 
                                604(a)(3)(F)(ii); and
                                  (II) adverse to the interests 
                                of the consumer.
          (2) Applicable findings, decisions, commentary, and 
        orders.--For purposes of any determination of whether 
        an action is an adverse action under paragraph (1)(A), 
        all appropriate final findings, decisions, commentary, 
        and orders issued under section 701(d)(6) of the Equal 
        Credit Opportunity Act by the Bureau or any court shall 
        apply.
  (l) Firm Offer of Credit or Insurance.--The term ``firm offer 
of credit or insurance'' means any offer of credit or insurance 
to a consumer that will be honored if the consumer is 
determined, based on information in a consumer report on the 
consumer, to meet the specific criteria used to select the 
consumer for the offer, except that the offer may be further 
conditioned on one or more of the following:
          (1) The consumer being determined, based on 
        information in the consumer's application for the 
        credit or insurance, to meet specific criteria bearing 
        on credit worthiness or insurability, as applicable, 
        that are established--
                  (A) before selection of the consumer for the 
                offer; and
                  (B) for the purpose of determining whether to 
                extend credit or insurance pursuant to the 
                offer.
          (2) Verification--
                  (A) that the consumer continues to meet the 
                specific criteria used to select the consumer 
                for the offer, by using information in a 
                consumer report on the consumer, information in 
                the consumer's application for the credit or 
                insurance, or other information bearing on the 
                credit worthiness or insurability of the 
                consumer; or
                  (B) of the information in the consumer's 
                application for the credit or insurance, to 
                determine that the consumer meets the specific 
                criteria bearing on credit worthiness or 
                insurability.
          (3) The consumer furnishing any collateral that is a 
        requirement for the extension of the credit or 
        insurance that was--
                  (A) established before selection of the 
                consumer for the offer of credit or insurance; 
                and
                  (B) disclosed to the consumer in the offer of 
                credit or insurance.
  (m) Credit or Insurance Transaction That Is Not Initiated by 
the Consumer.--The term ``credit or insurance transaction that 
is not initiated by the consumer'' does not include the use of 
a consumer report by a person with which the consumer has an 
account or insurance policy, for purposes of--
          (1) reviewing the account or insurance policy; or
          (2) collecting the account.
  (n) State.--The term ``State'' means any State, the 
Commonwealth of Puerto Rico, the District of Columbia, and any 
territory or possession of the United States.
  (o) Excluded Communications.--A communication is described in 
this subsection if it is a communication--
          (1) that, but for subsection (d)(2)(D), would be an 
        investigative consumer report;
          (2) that is made to a prospective employer for the 
        purpose of--
                  (A) procuring an employee for the employer; 
                or
                  (B) procuring an opportunity for a natural 
                person to work for the employer;
          (3) that is made by a person who regularly performs 
        such procurement;
          (4) that is not used by any person for any purpose 
        other than a purpose described in subparagraph (A) or 
        (B) of paragraph (2); and
          (5) with respect to which--
                  (A) the consumer who is the subject of the 
                communication--
                          (i) consents orally or in writing to 
                        the nature and scope of the 
                        communication, before the collection of 
                        any information for the purpose of 
                        making the communication;
                          (ii) consents orally or in writing to 
                        the making of the communication to a 
                        prospective employer, before the making 
                        of the communication; and
                          (iii) in the case of consent under 
                        clause (i) or (ii) given orally, is 
                        provided written confirmation of that 
                        consent by the person making the 
                        communication, not later than 3 
                        business days after the receipt of the 
                        consent by that person;
                  (B) the person who makes the communication 
                does not, for the purpose of making the 
                communication, make any inquiry that if made by 
                a prospective employer of the consumer who is 
                the subject of the communication would violate 
                any applicable Federal or State equal 
                employment opportunity law or regulation; and
                  (C) the person who makes the communication--
                          (i) discloses in writing to the 
                        consumer who is the subject of the 
                        communication, not later than 5 
                        business days after receiving any 
                        request from the consumer for such 
                        disclosure, the nature and substance of 
                        all information in the consumer's file 
                        at the time of the request, except that 
                        the sources of any information that is 
                        acquired solely for use in making the 
                        communication and is actually used for 
                        no other purpose, need not be disclosed 
                        other than under appropriate discovery 
                        procedures in any court of competent 
                        jurisdiction in which an action is 
                        brought; and
                          (ii) notifies the consumer who is the 
                        subject of the communication, in 
                        writing, of the consumer's right to 
                        request the information described in 
                        clause (i).
  (p) Consumer Reporting Agency That Compiles and Maintains 
Files on Consumers on a Nationwide Basis.--The term ``consumer 
reporting agency that compiles and maintains files on consumers 
on a nationwide basis'' means a consumer reporting agency that 
regularly engages in the practice of assembling or evaluating, 
and maintaining, for the purpose of furnishing consumer reports 
to third parties bearing on a consumer's credit worthiness, 
credit standing, or credit capacity, each of the following 
regarding consumers residing nationwide:
          (1) Public record information.
          (2) Credit account information from persons who 
        furnish that information regularly and in the ordinary 
        course of business.
  (q) Definitions Relating to Fraud Alerts.--
          (1) Active duty military consumer.--The term ``active 
        duty military consumer'' means a consumer in military 
        service who--
                  (A) is on active duty (as defined in section 
                101(d)(1) of title 10, United States Code) or 
                is a reservist performing duty under a call or 
                order to active duty under a provision of law 
                referred to in section 101(a)(13) of title 10, 
                United States Code; and
                  (B) is assigned to service away from the 
                usual duty station of the consumer.
          (2) Fraud alert; active duty alert.--The terms 
        ``fraud alert'' and ``active duty alert'' mean a 
        statement in the file of a consumer that--
                  (A) notifies all prospective users of a 
                consumer report relating to the consumer that 
                the consumer may be a victim of fraud, 
                including identity theft, or is an active duty 
                military consumer, as applicable; and
                  (B) is presented in a manner that facilitates 
                a clear and conspicuous view of the statement 
                described in subparagraph (A) by any person 
                requesting such consumer report.
          (3) Identity theft.--The term ``identity theft'' 
        means a fraud committed using the identifying 
        information of another person, subject to such further 
        definition as the Bureau may prescribe, by regulation.
          (4) Identity theft report.--The term ``identity theft 
        report'' has the meaning given that term by rule of the 
        Bureau, and means, at a minimum, a report--
                  (A) that alleges an identity theft;
                  (B) that is a copy of an official, valid 
                report filed by a consumer with an appropriate 
                Federal, State, or local law enforcement 
                agency, including the United States Postal 
                Inspection Service, or such other government 
                agency deemed appropriate by the Bureau; and
                  (C) the filing of which subjects the person 
                filing the report to criminal penalties 
                relating to the filing of false information if, 
                in fact, the information in the report is 
                false.
          (5) New credit plan.--The term ``new credit plan'' 
        means a new account under an open end credit plan (as 
        defined in section 103(i) of the Truth in Lending Act) 
        or a new credit transaction not under an open end 
        credit plan.
  (r) Credit and Debit Related Terms--
          (1) Card issuer.--The term ``card issuer'' means--
                  (A) a credit card issuer, in the case of a 
                credit card; and
                  (B) a debit card issuer, in the case of a 
                debit card.
          (2) Credit card.--The term ``credit card'' has the 
        same meaning as in section 103 of the Truth in Lending 
        Act.
          (3) Debit card.--The term ``debit card'' means any 
        card issued by a financial institution to a consumer 
        for use in initiating an electronic fund transfer from 
        the account of the consumer at such financial 
        institution, for the purpose of transferring money 
        between accounts or obtaining money, property, labor, 
        or services.
          (4) Account and electronic fund transfer.--The terms 
        ``account'' and ``electronic fund transfer'' have the 
        same meanings as in section 903 of the Electronic Fund 
        Transfer Act.
          (5) Credit and creditor.--The terms ``credit'' and 
        ``creditor'' have the same meanings as in section 702 
        of the Equal Credit Opportunity Act.
  (s) Federal Banking Agency.--The term ``Federal banking 
agency'' has the same meaning as in section 3 of the Federal 
Deposit Insurance Act.
  (t) Financial Institution.--The term ``financial 
institution'' means a State or National bank, a State or 
Federal savings and loan association, a mutual savings bank, a 
State or Federal credit union, or any other person that, 
directly or indirectly, holds a transaction account (as defined 
in section 19(b) of the Federal Reserve Act) belonging to a 
consumer.
  (u) Reseller.--The term ``reseller'' means a consumer 
reporting agency that--
          (1) assembles and merges information contained in the 
        database of another consumer reporting agency or 
        multiple consumer reporting agencies concerning any 
        consumer for purposes of furnishing such information to 
        any third party, to the extent of such activities; and
          (2) does not maintain a database of the assembled or 
        merged information from which new consumer reports are 
        produced.
  (v) Commission.--The term ``Commission'' means the Bureau.
  (w) The term ``Bureau'' means the Bureau of Consumer 
Financial Protection.
  (x) Nationwide Specialty Consumer Reporting Agency.--The term 
``nationwide specialty consumer reporting agency'' means a 
consumer reporting agency that compiles and maintains files on 
consumers on a nationwide basis relating to--
          (1) medical records or payments;
          (2) residential or tenant history;
          (3) check writing history;
          (4) employment history; or
          (5) insurance claims.
  (y) Exclusion of Certain Communications for Employee 
Investigations.--
          (1) Communications described in this subsection.--A 
        communication is described in this subsection if--
                  (A) but for subsection (d)(2)(D), the 
                communication would be a consumer report;
                  (B) the communication is made to an employer 
                in connection with an investigation of--
                          (i) suspected misconduct relating to 
                        employment; or
                          (ii) compliance with Federal, State, 
                        or local laws and regulations, the 
                        rules of a self-regulatory 
                        organization, or any preexisting 
                        written policies of the employer;
                  (C) the communication is not made for the 
                purpose of investigating a consumer's credit 
                worthiness, credit standing, or credit 
                capacity; and
                  (D) the communication is not provided to any 
                person except--
                          (i) to the employer or an agent of 
                        the employer;
                          (ii) to any Federal or State officer, 
                        agency, or department, or any officer, 
                        agency, or department of a unit of 
                        general local government;
                          (iii) to any self-regulatory 
                        organization with regulatory authority 
                        over the activities of the employer or 
                        employee;
                          (iv) as otherwise required by law; or
                          (v) pursuant to section 608.
          (2) Subsequent disclosure.--After taking any adverse 
        action based in whole or in part on a communication 
        described in paragraph (1), the employer shall disclose 
        to the consumer a summary containing the nature and 
        substance of the communication upon which the adverse 
        action is based, except that the sources of information 
        acquired solely for use in preparing what would be but 
        for subsection (d)(2)(D) an investigative consumer 
        report need not be disclosed.
          (3) Self-regulatory organization defined.--For 
        purposes of this subsection, the term ``self-regulatory 
        organization'' includes any self-regulatory 
        organization (as defined in section 3(a)(26) of the 
        Securities Exchange Act of 1934), any entity 
        established under title I of the Sarbanes-Oxley Act of 
        2002, any board of trade designated by the Commodity 
        Futures Trading Commission, and any futures association 
        registered with such Commission.
  (z) Veteran.--The term ``veteran'' has the meaning given the 
term in section 101 of title 38, United States Code.
  (aa) Veteran's Medical Debt.--The term ``veteran's medical 
debt''--
          (1) means a medical collection debt of a veteran owed 
        to a non-Department of Veterans Affairs health care 
        provider that was submitted to the Department for 
        payment for health care authorized by the Department of 
        Veterans Affairs; and
          (2) includes medical collection debt that the 
        Department of Veterans Affairs has wrongfully charged a 
        veteran.
  (bb) Medical Debt.--The term ``medical debt'' means a debt 
arising from the receipt of medical services, products, or 
devices.
  (cc) Medically Necessary Procedure.--The term ``medically 
necessary procedure'' means--
          (1) health care services or supplies needed to 
        diagnose or treat an illness, injury, condition, 
        disease, or its symptoms and that meet accepted 
        standards of medicine; and
          (2) health care to prevent illness or detect illness 
        at an early stage, when treatment is likely to work 
        best (including preventive services such as pap tests, 
        flu shots, and screening mammograms).

           *       *       *       *       *       *       *


Sec. 605. Requirements relating to information contained in consumer 
                    reports

  (a) Information Excluded From Consumer Reports.--Except as 
authorized under subsection (b), no consumer reporting agency 
may make any consumer report containing any of the following 
items of information:
  (1) Cases under title 11 of the United States Code or under 
the Bankruptcy Act that, from the date of entry of the order 
for relief or the date of adjudication, as the case may be, 
antedate the report by more than 10 years.
  (2) Civil suits, civil judgments, and records of arrest that, 
from date of entry, antedate the report by more than seven 
years or until the governing statute of limitations has 
expired, whichever is the longer period.
  (3) Paid tax liens which, from date of payment, antedate the 
report by more than seven years.
  (4) Accounts placed for collection or charged to profit and 
loss which antedate the report by more than seven years.
  (5) Any other adverse item of information, other than records 
of convictions of crimes which antedates the report by more 
than seven years.
          (6) The name, address, and telephone number of any 
        medical information furnisher that has notified the 
        agency of its status, unless--
                  (A) such name, address, and telephone number 
                are restricted or reported using codes that do 
                not identify, or provide information sufficient 
                to infer, the specific provider or the nature 
                of such services, products, or devices to a 
                person other than the consumer; or
                  (B) the report is being provided to an 
                insurance company for a purpose relating to 
                engaging in the business of insurance other 
                than property and casualty insurance.
          (7) With respect to a consumer reporting agency 
        described in section 603(p), any information related to 
        a veteran's medical debt if the date on which the 
        hospital care, medical services, or extended care 
        services was rendered relating to the debt antedates 
        the report by less than 1 year if the consumer 
        reporting agency has actual knowledge that the 
        information is related to a veteran's medical debt and 
        the consumer reporting agency is in compliance with its 
        obligation under section 302(c)(5) of the Economic 
        Growth, Regulatory Relief, and Consumer Protection Act.
          (8) With respect to a consumer reporting agency 
        described in section 603(p), any information related to 
        a fully paid or settled veteran's medical debt that had 
        been characterized as delinquent, charged off, or in 
        collection if the consumer reporting agency has actual 
        knowledge that the information is related to a 
        veteran's medical debt and the consumer reporting 
        agency is in compliance with its obligation under 
        section 302(c)(5) of the Economic Growth, Regulatory 
        Relief, and Consumer Protection Act.
          (9) Any information related to a debt arising from a 
        medically necessary procedure.
          (10) Any information related to a medical debt, if 
        the date on which such debt was placed for collection, 
        charged to profit or loss, or subjected to any similar 
        action antedates the report by less than 365 calendar 
        days.
  (b) The provisions of paragraphs (1) through (5) of 
subsection (a) are not applicable in the case of any consumer 
credit report to be used in connection with--
          (1) a credit transaction involving, or which may 
        reasonably be expected to involve, a principal amount 
        of $150,000 or more;
          (2) the underwriting of life insurance involving, or 
        which may reasonably be expected to involve, a face 
        amount of $150,000 or more; or
          (3) the employment of any individual at an annual 
        salary which equals, or which may reasonably be 
        expected to equal $75,000, or more.
  (c) Running of Reporting Period.--
          (1) In general.--The 7-year period referred to in 
        paragraphs (4) and (6) of subsection (a) shall begin, 
        with respect to any delinquent account that is placed 
        for collection (internally or by referral to a third 
        party, whichever is earlier), charged to profit and 
        loss, or subjected to any similar action, upon the 
        expiration of the 180-day period beginning on the date 
        of the commencement of the delinquency which 
        immediately preceded the collection activity, charge to 
        profit and loss, or similar action.
          (2) Effective date.--Paragraph (1) shall apply only 
        to items of information added to the file of a consumer 
        on or after the date that is 455 days after the date of 
        enactment of the Consumer Credit Reporting Reform Act 
        of 1996.
  (d) Information Required To Be Disclosed.--
          (1) Title 11 information.--Any consumer reporting 
        agency that furnishes a consumer report that contains 
        information regarding any case involving the consumer 
        that arises under title 11, United States Code, shall 
        include in the report an identification of the chapter 
        of such title 11 under which such case arises if 
        provided by the source of the information. If any case 
        arising or filed under title 11, United States Code, is 
        withdrawn by the consumer before a final judgment, the 
        consumer reporting agency shall include in the report 
        that such case or filing was withdrawn upon receipt of 
        documentation certifying such withdrawal.
          (2) Key factor in credit score information.--Any 
        consumer reporting agency that furnishes a consumer 
        report that contains any credit score or any other risk 
        score or predictor on any consumer shall include in the 
        report a clear and conspicuous statement that a key 
        factor (as defined in section 609(f)(2)(B)) that 
        adversely affected such score or predictor was the 
        number of enquiries, if such a predictor was in fact a 
        key factor that adversely affected such score. This 
        paragraph shall not apply to a check services company, 
        acting as such, which issues authorizations for the 
        purpose of approving or processing negotiable 
        instruments, electronic fund transfers, or similar 
        methods of payments, but only to the extent that such 
        company is engaged in such activities.
  (e) Indication of Closure of Account by Consumer.--If a 
consumer reporting agency is notified pursuant to section 
623(a)(4) that a credit account of a consumer was voluntarily 
closed by the consumer, the agency shall indicate that fact in 
any consumer report that includes information related to the 
account.
  (f) Indication of Dispute by Consumer.--If a consumer 
reporting agency is notified pursuant to section 623(a)(3) that 
information regarding a consumer who was furnished to the 
agency is disputed by the consumer, the agency shall indicate 
that fact in each consumer report that includes the disputed 
information.
  (g) Truncation of Credit Card and Debit Card Numbers.--
          (1) In general.--Except as otherwise provided in this 
        subsection, no person that accepts credit cards or 
        debit cards for the transaction of business shall print 
        more than the last 5 digits of the card number or the 
        expiration date upon any receipt provided to the 
        cardholder at the point of the sale or transaction.
          (2) Limitation.--This subsection shall apply only to 
        receipts that are electronically printed, and shall not 
        apply to transactions in which the sole means of 
        recording a credit card or debit card account number is 
        by handwriting or by an imprint or copy of the card.
          (3) Effective date.--This subsection shall become 
        effective--
                  (A) 3 years after the date of enactment of 
                this subsection, with respect to any cash 
                register or other machine or device that 
                electronically prints receipts for credit card 
                or debit card transactions that is in use 
                before January 1, 2005; and
                  (B) 1 year after the date of enactment of 
                this subsection, with respect to any cash 
                register or other machine or device that 
                electronically prints receipts for credit card 
                or debit card transactions that is first put 
                into use on or after January 1, 2005.
  (h) Notice of Discrepancy in Address.--
          (1) In general.--If a person has requested a consumer 
        report relating to a consumer from a consumer reporting 
        agency described in section 603(p), the request 
        includes an address for the consumer that substantially 
        differs from the addresses in the file of the consumer, 
        and the agency provides a consumer report in response 
        to the request, the consumer reporting agency shall 
        notify the requester of the existence of the 
        discrepancy.
          (2) Regulations.--
                  (A) Regulations required.--The Bureau shall,, 
                in consultation with the Federal banking 
                agencies, the National Credit Union 
                Administration, and the Federal Trade 
                Commission,, prescribe regulations providing 
                guidance regarding reasonable policies and 
                procedures that a user of a consumer report 
                should employ when such user has received a 
                notice of discrepancy under paragraph (1).
                  (B) Policies and procedures to be included.--
                The regulations prescribed under subparagraph 
                (A) shall describe reasonable policies and 
                procedures for use by a user of a consumer 
                report--
                          (i) to form a reasonable belief that 
                        the user knows the identity of the 
                        person to whom the consumer report 
                        pertains; and
                          (ii) if the user establishes a 
                        continuing relationship with the 
                        consumer, and the user regularly and in 
                        the ordinary course of business 
                        furnishes information to the consumer 
                        reporting agency from which the notice 
                        of discrepancy pertaining to the 
                        consumer was obtained, to reconcile the 
                        address of the consumer with the 
                        consumer reporting agency by furnishing 
                        such address to such consumer reporting 
                        agency as part of information regularly 
                        furnished by the user for the period in 
                        which the relationship is established.

           *       *       *       *       *       *       *


SEC. 623. RESPONSIBILITIES OF FURNISHERS OF INFORMATION TO CONSUMER 
                    REPORTING AGENCIES.

  (a) Duty of Furnishers of Information To Provide Accurate 
Information.--
          (1) Prohibition.--
                  (A) Reporting information with actual 
                knowledge of errors.--A person shall not 
                furnish any information relating to a consumer 
                to any consumer reporting agency if the person 
                knows or has reasonable cause to believe that 
                the information is inaccurate.
                  (B) Reporting information after notice and 
                confirmation of errors.--A person shall not 
                furnish information relating to a consumer to 
                any consumer reporting agency if--
                          (i) the person has been notified by 
                        the consumer, at the address specified 
                        by the person for such notices, that 
                        specific information is inaccurate; and
                          (ii) the information is, in fact, 
                        inaccurate.
                  (C) No address requirement.--A person who 
                clearly and conspicuously specifies to the 
                consumer an address for notices referred to in 
                subparagraph (B) shall not be subject to 
                subparagraph (A); however, nothing in 
                subparagraph (B) shall require a person to 
                specify such an address.
                  (D) Definition.--For purposes of subparagraph 
                (A), the term ``reasonable cause to believe 
                that the information is inaccurate'' means 
                having specific knowledge, other than solely 
                allegations by the consumer, that would cause a 
                reasonable person to have substantial doubts 
                about the accuracy of the information.
                  (E) Rehabilitation of private education 
                loans.--
                          (i) In general.--Notwithstanding any 
                        other provision of this section, a 
                        consumer may request a financial 
                        institution to remove from a consumer 
                        report a reported default regarding a 
                        private education loan, and such 
                        information shall not be considered 
                        inaccurate, if--
                                  (I) the financial institution 
                                chooses to offer a loan 
                                rehabilitation program which 
                                includes, without limitation, a 
                                requirement of the consumer to 
                                make consecutive on-time 
                                monthly payments in a number 
                                that demonstrates, in the 
                                assessment of the financial 
                                institution offering the loan 
                                rehabilitation program, a 
                                renewed ability and willingness 
                                to repay the loan; and
                                  (II) the requirements of the 
                                loan rehabilitation program 
                                described in subclause (I) are 
                                successfully met.
                          (ii) Banking agencies.--
                                  (I) In general.--If a 
                                financial institution is 
                                supervised by a Federal banking 
                                agency, the financial 
                                institution shall seek written 
                                approval concerning the terms 
                                and conditions of the loan 
                                rehabilitation program 
                                described in clause (i) from 
                                the appropriate Federal banking 
                                agency.
                                  (II) Feedback.--An 
                                appropriate Federal banking 
                                agency shall provide feedback 
                                to a financial institution 
                                within 120 days of a request 
                                for approval under subclause 
                                (I).
                          (iii) Limitation.--
                                  (I) In general.--A consumer 
                                may obtain the benefits 
                                available under this subsection 
                                with respect to rehabilitating 
                                a loan only 1 time per loan.
                                  (II) Rule of construction.--
                                Nothing in this subparagraph 
                                may be construed to require a 
                                financial institution to offer 
                                a loan rehabilitation program 
                                or to remove any reported 
                                default from a consumer report 
                                as a consideration of a loan 
                                rehabilitation program, except 
                                as described in clause (i).
                          (iv) Definitions.--For purposes of 
                        this subparagraph--
                                  (I) the term ``appropriate 
                                Federal banking agency'' has 
                                the meaning given the term in 
                                section 3 of the Federal 
                                Deposit Insurance Act (12 
                                U.S.C. 1813); and
                                  (II) the term ``private 
                                education loan'' has the 
                                meaning given the term in 
                                section 140(a) of the Truth in 
                                Lending Act (15 U.S.C. 
                                1650(a)).
          (2) Duty to correct and update information.--A person 
        who--
                  (A) regularly and in the ordinary course of 
                business furnishes information to one or more 
                consumer reporting agencies about the person's 
                transactions or experiences with any consumer; 
                and
                  (B) has furnished to a consumer reporting 
                agency information that the person determines 
                is not complete or accurate,
        shall promptly notify the consumer reporting agency of 
        that determination and provide to the agency any 
        corrections to that information, or any additional 
        information, that is necessary to make the information 
        provided by the person to the agency complete and 
        accurate, and shall not thereafter furnish to the 
        agency any of the information that remains not complete 
        or accurate.
          (3) Duty to provide notice of dispute.--If the 
        completeness or accuracy of any information furnished 
        by any person to any consumer reporting agency is 
        disputed to such person by a consumer, the person may 
        not furnish the information to any consumer reporting 
        agency without notice that such information is disputed 
        by the consumer.
          (4) Duty to provide notice of closed accounts.--A 
        person who regularly and in the ordinary course of 
        business furnishes information to a consumer reporting 
        agency regarding a consumer who has a credit account 
        with that person shall notify the agency of the 
        voluntary closure of the account by the consumer, in 
        information regularly furnished for the period in which 
        the account is closed.
          (5) Duty to provide notice of delinquency of 
        accounts.--(A) In general.--A person who furnishes 
        information to a consumer reporting agency regarding a 
        delinquent account being placed for collection, charged 
        to profit or loss, or subjected to any similar action 
        shall, not later than 90 days after furnishing the 
        information, notify the agency of the date of 
        delinquency on the account, which shall be the month 
        and year of the commencement of the delinquency on the 
        account that immediately preceded the action.
                  (B) Rule of construction.--For purposes of 
                this paragraph only, and provided that the 
                consumer does not dispute the information, a 
                person that furnishes information on a 
                delinquent account that is placed for 
                collection, charged for profit or loss, or 
                subjected to any similar action, complies with 
                this paragraph, if--
                          (i) the person reports the same date 
                        of delinquency as that provided by the 
                        creditor to which the account was owed 
                        at the time at which the commencement 
                        of the delinquency occurred, if the 
                        creditor previously reported that date 
                        of delinquency to a consumer reporting 
                        agency;
                          (ii) the creditor did not previously 
                        report the date of delinquency to a 
                        consumer reporting agency, and the 
                        person establishes and follows 
                        reasonable procedures to obtain the 
                        date of delinquency from the creditor 
                        or another reliable source and reports 
                        that date to a consumer reporting 
                        agency as the date of delinquency; or
                          (iii) the creditor did not previously 
                        report the date of delinquency to a 
                        consumer reporting agency and the date 
                        of delinquency cannot be reasonably 
                        obtained as provided in clause (ii), 
                        the person establishes and follows 
                        reasonable procedures to ensure the 
                        date reported as the date of 
                        delinquency precedes the date on which 
                        the account is placed for collection, 
                        charged to profit or loss, or subjected 
                        to any similar action, and reports such 
                        date to the credit reporting agency.
          (6) Duties of furnishers upon notice of identity 
        theft-related information.--
                  (A) Reasonable procedures.--A person that 
                furnishes information to any consumer reporting 
                agency shall have in place reasonable 
                procedures to respond to any notification that 
                it receives from a consumer reporting agency 
                under section 605B relating to information 
                resulting from identity theft, to prevent that 
                person from refurnishing such blocked 
                information.
                  (B) Information alleged to result from 
                identity theft.--If a consumer submits an 
                identity theft report to a person who furnishes 
                information to a consumer reporting agency at 
                the address specified by that person for 
                receiving such reports stating that information 
                maintained by such person that purports to 
                relate to the consumer resulted from identity 
                theft, the person may not furnish such 
                information that purports to relate to the 
                consumer to any consumer reporting agency, 
                unless the person subsequently knows or is 
                informed by the consumer that the information 
                is correct.
          (7) Negative information.--
                  (A) Notice to consumer required.--
                          (i) In general.--If any financial 
                        institution that extends credit and 
                        regularly and in the ordinary course of 
                        business furnishes information to a 
                        consumer reporting agency described in 
                        section 603(p) furnishes negative 
                        information to such an agency regarding 
                        credit extended to a customer, the 
                        financial institution shall provide a 
                        notice of such furnishing of negative 
                        information, in writing, to the 
                        customer.
                          (ii) Notice effective for subsequent 
                        submissions.--After providing such 
                        notice, the financial institution may 
                        submit additional negative information 
                        to a consumer reporting agency 
                        described in section 603(p) with 
                        respect to the same transaction, 
                        extension of credit, account, or 
                        customer without providing additional 
                        notice to the customer.
                  (B) Time of notice.--
                          (i) In general.--The notice required 
                        under subparagraph (A) shall be 
                        provided to the customer prior to, or 
                        no later than 30 days after, furnishing 
                        the negative information to a consumer 
                        reporting agency described in section 
                        603(p).
                          (ii) Coordination with new account 
                        disclosures.--If the notice is provided 
                        to the customer prior to furnishing the 
                        negative information to a consumer 
                        reporting agency, the notice may not be 
                        included in the initial disclosures 
                        provided under section 127(a) of the 
                        Truth in Lending Act.
                  (C) Coordination with other disclosures.--The 
                notice required under subparagraph (A)--
                          (i) may be included on or with any 
                        notice of default, any billing 
                        statement, or any other materials 
                        provided to the customer; and
                          (ii) must be clear and conspicuous.
                  (D) Model disclosure.--
                          (i) Duty of bureau.--The Bureau shall 
                        prescribe a brief model disclosure that 
                        a financial institution may use to 
                        comply with subparagraph (A), which 
                        shall not exceed 30 words.
                          (ii) Use of model not required.--No 
                        provision of this paragraph may be 
                        construed to require a financial 
                        institution to use any such model form 
                        prescribed by the Bureau.
                          (iii) Compliance using model.--A 
                        financial institution shall be deemed 
                        to be in compliance with subparagraph 
                        (A) if the financial institution uses 
                        any model form prescribed by the Bureau 
                        under this subparagraph, or the 
                        financial institution uses any such 
                        model form and rearranges its format.
                  (E) Use of notice without submitting negative 
                information.--No provision of this paragraph 
                shall be construed as requiring a financial 
                institution that has provided a customer with a 
                notice described in subparagraph (A) to furnish 
                negative information about the customer to a 
                consumer reporting agency.
                  (F) Safe harbor.--A financial institution 
                shall not be liable for failure to perform the 
                duties required by this paragraph if, at the 
                time of the failure, the financial institution 
                maintained reasonable policies and procedures 
                to comply with this paragraph or the financial 
                institution reasonably believed that the 
                institution is prohibited, by law, from 
                contacting the consumer.
                  (G) Definitions.--For purposes of this 
                paragraph, the following definitions shall 
                apply:
                          (i) Negative information.--The term 
                        ``negative information'' means 
                        information concerning a customer's 
                        delinquencies, late payments, 
                        insolvency, or any form of default.
                          (ii) Customer; financial 
                        institution.--The terms ``customer''and 
                        ``financial institution'' have the same 
                        meanings as in section 509 Public Law 
                        106-102.
          (8) Ability of consumer to dispute information 
        directly with furnisher.--
                  (A) In general.--The Bureau shall, in 
                consultation with the Federal Trade Commission, 
                the Federal banking agencies, and the National 
                Credit Union Administration, prescribe 
                regulations that shall identify the 
                circumstances under which a furnisher shall be 
                required to reinvestigate a dispute concerning 
                the accuracy of information contained in a 
                consumer report on the consumer, based on a 
                direct request of a consumer.
                  (B) Considerations.--In prescribing 
                regulations under subparagraph (A), the 
                agencies shall weigh--
                          (i) the benefits to consumers with 
                        the costs on furnishers and the credit 
                        reporting system;
                          (ii) the impact on the overall 
                        accuracy and integrity of consumer 
                        reports of any such requirements;
                          (iii) whether direct contact by the 
                        consumer with the furnisher would 
                        likely result in the most expeditious 
                        resolution of any such dispute; and
                          (iv) the potential impact on the 
                        credit reporting process if credit 
                        repair organizations, as defined in 
                        section 403(3), including entities that 
                        would be a credit repair organization, 
                        but for section 403(3)(B)(i), are able 
                        to circumvent the prohibition in 
                        subparagraph (G).
                  (C) Applicability.--Subparagraphs (D) through 
                (G) shall apply in any circumstance identified 
                under the regulations promulgated under 
                subparagraph (A).
                  (D) Submitting a notice of dispute.--A 
                consumer who seeks to dispute the accuracy of 
                information shall provide a dispute notice 
                directly to such person at the address 
                specified by the person for such notices that--
                          (i) identifies the specific 
                        information that is being disputed;
                          (ii) explains the basis for the 
                        dispute; and
                          (iii) includes all supporting 
                        documentation required by the furnisher 
                        to substantiate the basis of the 
                        dispute.
                  (E) Duty of person after receiving notice of 
                dispute.--After receiving a notice of dispute 
                from a consumer pursuant to subparagraph (D), 
                the person that provided the information in 
                dispute to a consumer reporting agency shall--
                          (i) conduct an investigation with 
                        respect to the disputed information;
                          (ii) review all relevant information 
                        provided by the consumer with the 
                        notice;
                          (iii) complete such person's 
                        investigation of the dispute and report 
                        the results of the investigation to the 
                        consumer before the expiration of the 
                        period under section 611(a)(1) within 
                        which a consumer reporting agency would 
                        be required to complete its action if 
                        the consumer had elected to dispute the 
                        information under that section; and
                          (iv) if the investigation finds that 
                        the information reported was 
                        inaccurate, promptly notify each 
                        consumer reporting agency to which the 
                        person furnished the inaccurate 
                        information of that determination and 
                        provide to the agency any correction to 
                        that information that is necessary to 
                        make the information provided by the 
                        person accurate.
                  (F) Frivolous or irrelevant dispute.--
                          (i) In general.--This paragraph shall 
                        not apply if the person receiving a 
                        notice of a dispute from a consumer 
                        reasonably determines that the dispute 
                        is frivolous or irrelevant, including--
                                  (I) by reason of the failure 
                                of a consumer to provide 
                                sufficient information to 
                                investigate the disputed 
                                information; or
                                  (II) the submission by a 
                                consumer of a dispute that is 
                                substantially the same as a 
                                dispute previously submitted by 
                                or for the consumer, either 
                                directly to the person or 
                                through a consumer reporting 
                                agency under subsection (b), 
                                with respect to which the 
                                person has already performed 
                                the person's duties under this 
                                paragraph or subsection (b), as 
                                applicable.
                          (ii) Notice of determination.--Upon 
                        making any determination under clause 
                        (i) that a dispute is frivolous or 
                        irrelevant, the person shall notify the 
                        consumer of such determination not 
                        later than 5 business days after making 
                        such determination, by mail or, if 
                        authorized by the consumer for that 
                        purpose, by any other means available 
                        to the person.
                          (iii) Contents of notice.--A notice 
                        under clause (ii) shall include--
                                  (I) the reasons for the 
                                determination under clause (i); 
                                and
                                  (II) identification of any 
                                information required to 
                                investigate the disputed 
                                information, which may consist 
                                of a standardized form 
                                describing the general nature 
                                of such information.
                  (G) Exclusion of credit repair 
                organizations.--This paragraph shall not apply 
                if the notice of the dispute is submitted by, 
                is prepared on behalf of the consumer by, or is 
                submitted on a form supplied to the consumer 
                by, a credit repair organization, as defined in 
                section 403(3), or an entity that would be a 
                credit repair organization, but for section 
                403(3)(B)(i).
          (9) Duty to provide notice of status as medical 
        information furnisher.--A person whose primary business 
        is providing medical services, products, or devices, or 
        the person's agent or assignee, who furnishes 
        information to a consumer reporting agency on a 
        consumer shall be considered a medical information 
        furnisher for purposes of this title, and shall notify 
        the agency of such status.
  (b) Duties of Furnishers of Information Upon Notice of 
Dispute.--
          (1) In general.--After receiving notice pursuant to 
        section 611(a)(2) of a dispute with regard to the 
        completeness or accuracy of any information provided by 
        a person to a consumer reporting agency, the person 
        shall--
                  (A) conduct an investigation with respect to 
                the disputed information;
                  (B) review all relevant information provided 
                by the consumer reporting agency pursuant to 
                section 611(a)(2);
                  (C) report the results of the investigation 
                to the consumer reporting agency;
                  (D) if the investigation finds that the 
                information is incomplete or inaccurate, report 
                those results to all other consumer reporting 
                agencies to which the person furnished the 
                information and that compile and maintain files 
                on consumers on a nationwide basis; and
                  (E) if an item of information disputed by a 
                consumer is found to be inaccurate or 
                incomplete or cannot be verified after any 
                reinvestigation under paragraph (1), for 
                purposes of reporting to a consumer reporting 
                agency only, as appropriate, based on the 
                results of the reinvestigation promptly--
                          (i) modify that item of information;
                          (ii) delete that item of information; 
                        or
                          (iii) permanently block the reporting 
                        of that item of information.
          (2) Deadline.--A person shall complete all 
        investigations, reviews, and reports required under 
        paragraph (1) regarding information provided by the 
        person to a consumer reporting agency, before the 
        expiration of the period under section 611(a)(1) within 
        which the consumer reporting agency is required to 
        complete actions required by that section regarding 
        that information.
  (c) Limitation on Liability.--Except as provided in section 
621(c)(1)(B), sections 616 and 617 do not apply to any 
violation of--
          (1) subsection (a) of this section, including any 
        regulations issued thereunder;
          (2) subsection (e) of this section, except that 
        nothing in this paragraph shall limit, expand, or 
        otherwise affect liability under section 616 or 617, as 
        applicable, for violations of subsection (b) of this 
        section; or
          (3) subsection (e) of section 615.
  (d) Limitation on Enforcement.--The provisions of law 
described in paragraphs (1) through (3) of subsection (c) 
(other than with respect to the exception described in 
paragraph (2) of subsection (c)) shall be enforced exclusively 
as provided under section 621 by the Federal agencies and 
officials and the State officials identified in section 621.
  (e) Accuracy Guidelines and Regulations Required.--
          (1) Guidelines.--The Bureau shall, with respect to 
        persons or entities that are subject to the enforcement 
        authority of the Bureau under section 621--
                  (A) establish and maintain guidelines for use 
                by each person that furnishes information to a 
                consumer reporting agency regarding the 
                accuracy and integrity of the information 
                relating to consumers that such entities 
                furnish to consumer reporting agencies, and 
                update such guidelines as often as necessary; 
                and
                  (B) prescribe regulations requiring each 
                person that furnishes information to a consumer 
                reporting agency to establish reasonable 
                policies and procedures for implementing the 
                guidelines established pursuant to subparagraph 
                (A).
          (2) Criteria.--In developing the guidelines required 
        by paragraph (1)(A), the Bureau shall--
                  (A) identify patterns, practices, and 
                specific forms of activity that can compromise 
                the accuracy and integrity of information 
                furnished to consumer reporting agencies;
                  (B) review the methods (including 
                technological means) used to furnish 
                information relating to consumers to consumer 
                reporting agencies;
                  (C) determine whether persons that furnish 
                information to consumer reporting agencies 
                maintain and enforce policies to ensure the 
                accuracy and integrity of information furnished 
                to consumer reporting agencies; and
                  (D) examine the policies and processes that 
                persons that furnish information to consumer 
                reporting agencies employ to conduct 
                reinvestigations and correct inaccurate 
                information relating to consumers that has been 
                furnished to consumer reporting agencies.
  (f) Additional Notice Requirements for Medical Debt.--Before 
furnishing information regarding a medical debt of a consumer 
to a consumer reporting agency, the person furnishing the 
information shall send a statement to the consumer that 
includes the following:
          (1) A notification that the medical debt--
                  (A) may not be included on a consumer report 
                made by a consumer reporting agency until the 
                later of the date that is 365 days after--
                          (i) the date on which the person 
                        sends the statement;
                          (ii) with respect to the medical debt 
                        of a borrower demonstrating hardship, a 
                        date determined by the Director of the 
                        Bureau; or
                          (iii) the date described under 
                        section 605(a)(10); and
                  (B) may not ever be included on a consumer 
                report made by a consumer reporting agency, if 
                the medical debt arises from a medically 
                necessary procedure.
          (2) A notification that, if the debt is settled or 
        paid by the consumer or an insurance company before the 
        end of the period described under paragraph (1)(A), the 
        debt may not be reported to a consumer reporting 
        agency.
          (3) A notification that the consumer may--
                  (A) communicate with an insurance company to 
                determine coverage for the debt; or
                  (B) apply for financial assistance.
  (g) Furnishing of Medical Debt Information.--
          (1) Prohibition on reporting debt related to 
        medically necessary procedures.--No person shall 
        furnish any information to a consumer reporting agency 
        regarding a debt arising from a medically necessary 
        procedure.
          (2) Treatment of other medical debt information.--
        With respect to a medical debt not described under 
        paragraph (1), no person shall furnish any information 
        to a consumer reporting agency regarding such debt 
        before the end of the 365-day period beginning on the 
        later of--
                  (A) the date on which the person sends the 
                statement described under subsection (f) to the 
                consumer;
                  (B) with respect to the medical debt of a 
                borrower demonstrating hardship, a date 
                determined by the Director of the Bureau; or
                  (C) the date described in section 605(a)(10).
          (3) Treatment of settled or paid medical debt.--With 
        respect to a medical debt not described under paragraph 
        (1), no person shall furnish any information to a 
        consumer reporting agency regarding such debt if the 
        debt is settled or paid by the consumer or an insurance 
        company before the end of the 365-day period described 
        under paragraph (2).
          (4) Borrower demonstrating hardship defined.--In this 
        subsection, and with respect to a medical debt, the 
        term ``borrower demonstrating hardship'' means a 
        borrower or a class of borrowers who, as determined by 
        the Director of the Bureau, is facing or has 
        experienced unusual extenuating life circumstances or 
        events that result in severe financial or personal 
        barriers such that the borrower or class of borrowers 
        does not have the capacity to repay the medical debt.

           *       *       *       *       *       *       *


                             MINORITY VIEWS

    Democrats continue to try to socialize the health care and 
credit reporting industries--costing Americans their access to 
medical treatments and necessary credit at a time when they can 
least afford it--instead of working with Republicans to find 
solutions for those most in need.
    For millions of Americans, an unexpected medical bill can 
be devastating to their financial health. Now, due to the 
COVID-19 pandemic, even more people find themselves facing an 
unplanned hospital stay, procedure, or repeated doctor's 
visits. This is a serious problem impacting communities across 
our country, but H.R. 5330 is not the solution.
    This bill will increase the overall cost of health care at 
a time when Americans can least afford it. Eliminating debt for 
one group of individuals only shifts the costs to others--
making the overall cost of healthcare more expensive. It also 
increases the costs of medical procedures as well as limits 
access to necessary procedures. Consider this, healthcare 
providers who are not paid for their services ultimately limit 
the services they provide while at the same time making them 
more expensive--this will impact the patients who need these 
services the most.
    H.R. 5330 would also jeopardize the credit of millions of 
low-to-moderate income families' who are on the bubble. H.R. 
5330 would fundamentally alter the ability of credit markets to 
determine risk by removing predictive information--in other 
words, remove their ability to assess how likely someone is to 
repay a debt--from credit modeling paradigms. The inability to 
determine risk in turn raises the costs of credit for all 
Americans--jeopardizing access to credit for those who need it 
most.
    Committee Republicans recognize the need to address 
unplanned medical debt and support a more responsible approach. 
Rep. Barry Loudermilk (R-GA) offered an amendment during the 
markup of this bill, which would have excluded information 
related to non-elective, medically necessary paid debt from 
consumer reports more than a year old. That amendment was 
defeated along party lines by a vote of 24-32.
    Republicans want to preserve access to credit for low- and 
moderate-income Americans, particularly during this time of 
economic uncertainty. Committee Republicans also support 
providing a path to quickly remove paid medical debt from 
consumer reports after one year, instead of having negative 
data reported for seven years, which is the current practice.
    However, Democrats refuse to work with Republicans to 
identify bipartisan solutions that will help consumers who need 
it the most. Republicans will continue to advocate for policies 
that ensure Americans have access to affordable healthcare and 
credit.
    For these reasons, Committee Republicans oppose H.R. 5330.

                                   Patrick T. McHenry.
                                   Bill Posey.
                                   Bill Huizenga.
                                   Ann Wagner.
                                   Scott R. Tipton.
                                   J. French Hill.
                                   Lee M. Zeldin.
                                   Alexander X. Mooney.
                                   Ted Budd.
                                   Trey Hollingsworth.
                                   John W. Rose (TN).
                                   Lance Gooden.
                                   William R. Timmons, IV.
                                   Frank D. Lucas.
                                   Blaine Luetkemeyer.
                                   Steve Stivers.
                                   Andy Barr.
                                   Roger Williams.
                                   Tom Emmer.
                                   Barry Loudermilk.
                                   Warren Davidson.
                                   David Kustoff.
                                   Anthony Gonzalez (OH).
                                   Bryan Steil.
                                   Denver Riggleman.
                                   Van Taylor.

                                  [all]