[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4455 Introduced in Senate (IS)]
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118th CONGRESS
2d Session
S. 4455
To amend the Fair Credit Reporting Act to prohibit consumer reporting
agencies from furnishing consumer reports containing adverse items of
information about a consumer that resulted from that consumer being
unlawfully or wrongfully detained abroad or held hostage abroad.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 4, 2024
Mr. Coons (for himself and Mr. Tillis) introduced the following bill;
which was read twice and referred to the Committee on Banking, Housing,
and Urban Affairs
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A BILL
To amend the Fair Credit Reporting Act to prohibit consumer reporting
agencies from furnishing consumer reports containing adverse items of
information about a consumer that resulted from that consumer being
unlawfully or wrongfully detained abroad or held hostage abroad.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fair Credit for American Hostages
Act''.
SEC. 2. ADVERSE INFORMATION ABOUT CONSUMERS UNLAWFULLY OR WRONGFULLY
DETAINED ABROAD OR HELD HOSTAGE ABROAD.
(a) In General.--The Fair Credit Reporting Act (15 U.S.C. 1681 et
seq.) is amended by inserting after section 605C the following:
``Sec. 605D. Adverse information about consumers unlawfully or
wrongfully detained abroad or held hostage abroad
``(a) Definitions.--In this section:
``(1) Covered consumer.--The term `covered consumer' means
an individual who has been--
``(A) a United States national unlawfully or
wrongfully detained abroad, as determined under section
302(a) of the Robert Levinson Hostage Recovery and
Hostage-Taking Accountability Act (22 U.S.C. 1741(a));
or
``(B) a United States national taken hostage
abroad, as determined by the Hostage Recovery Fusion
Cell (as described in section 304 of the Robert
Levinson Hostage Recovery and Hostage-Taking
Accountability Act (22 U.S.C. 1741b).
``(2) Detention or hostage documentation.--The term
`detention or hostage documentation' means--
``(A) documentation of a determination that a
consumer is a covered consumer, including the time
period during which the consumer was a covered consumer
made by a Federal entity; and
``(B) documentation that identifies items of
adverse information that should not be furnished by a
consumer reporting agency because the items were about
a consumer during the time period the consumer was a
covered consumer.
``(b) Adverse Information.--A consumer reporting agency may not
furnish a consumer report containing any adverse item of information
about a covered consumer if the covered consumer has provided detention
or hostage documentation to the consumer reporting agency.
``(c) Rulemaking.--
``(1) In general.--Not later than 180 days after the date
of the enactment of this section, the Director shall issue
rules to implement subsection (a).
``(2) Contents.--The rules issued pursuant to paragraph (1)
shall establish a method by which consumers or legal
representatives of consumers shall submit detention or hostage
documentation to consumer reporting agencies.''.
(b) Table of Contents Amendment.--The table of contents of the Fair
Credit Reporting Act is amended by inserting after the item relating to
section 605C the following:
``605D. Adverse information about consumers unlawfully or wrongfully
detained abroad or held hostage abroad.''.
(c) Application.--The amendments made by this section shall apply
on the date that is 30 days after the date on which the Director of the
Bureau of Consumer Financial Protection issues a rule pursuant to
section 605D(c) of the Fair Credit Reporting Act, as added by
subsection (a) of this section. Any rule issued by the Director to
implement such section 605D shall be limited to preventing a consumer
reporting agency from furnishing a consumer report containing any
adverse item of information about a covered consumer (as such terms are
defined, respectively, in section 603 the Fair Credit Reporting Act (15
U.S.C. 1681a)).
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