117th CONGRESS 1st Session |
To prohibit consumer reporting agencies from furnishing a consumer report containing any adverse item of information about a consumer if such consumer is a victim of trafficking, and for other purposes.
April 1, 2021
Mr. McHenry (for himself, Mrs. Wagner, Mr. Gonzalez of Ohio, Mr. Taylor, and Mr. Hill) introduced the following bill; which was referred to the Committee on Financial Services
To prohibit consumer reporting agencies from furnishing a consumer report containing any adverse item of information about a consumer if such consumer is a victim of trafficking, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
This Act may be cited as the “Debt Bondage Repair Act”.
SEC. 2. Adverse information in cases of trafficking.
(a) In general.—The Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) is amended by inserting after section 605B the following:
Ҥ 605C Adverse information in cases of trafficking
“(a) In general.—A consumer reporting agency may not furnish a consumer report containing any adverse item of information about a consumer that resulted from a severe form of trafficking in persons or sex trafficking if a court of competent jurisdiction, in a lawsuit that is not a class action lawsuit, has determined that the consumer is a victim of trafficking.
“(1) IN GENERAL.—The Director shall, not later than 180 days after the date of the enactment of this section, issue a rule to implement subsection (a).
“(2) CONTENTS.—The rule issued pursuant to paragraph (1) shall establish a method by which consumers may submit documentation to consumer reporting agencies, including—
“(A) documentation of a determination by a court of competent jurisdiction that such consumer is a victim of trafficking; and
“(B) documentation that identifies items of adverse information that should not be furnished by the consumer reporting agency because the items resulted from the severe form of trafficking in persons or sex trafficking of which the consumer is a victim.
“(c) Victim of trafficking defined.—For the purposes of this section, the term “victim of trafficking” means a person who—
“(1) is a victim of a severe form of trafficking in persons or sex trafficking, as such terms are defined in section 103 of the Trafficking Victims Protection Act of 2000; and
“(2) has been listed as a victim in a criminal case against a person who has been found guilty of a severe form of trafficking in persons or sex trafficking.”.
(b) Table of contents amendment.—The table of contents of the Fair Credit Reporting Act is amended by inserting after the item relating to section 605B the following new item:
“605C. Adverse information in cases of trafficking.”.
(c) Effective date.—The amendments made by this section shall apply on the sooner of—
(1) the date that is 30 days after the date on which the Director of the Bureau of Consumer Financial Protection issues a rule pursuant to section 605C(b) of the Fair Credit Reporting Act; or
(2) the date that is 2 years after the date of the enactment of section 605C of the Fair Credit Reporting Act.