II

113TH CONGRESS 1ST SESSION

S. 1613

To amend the Fair Credit Reporting Act to clarify Federal law with respect to reporting full-file alternative data, including positive and negative consumer credit information to consumer reporting agencies by public utility or telecommunications companies, and for other purposes.

IN THE SENATE OF THE UNITED STATES
OCTOBER 30, 2013 Mr. KIRK (for himself and Mr. MANCHIN) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs

A BILL
To amend the Fair Credit Reporting Act to clarify Federal law with respect to reporting full-file alternative data, including positive and negative consumer credit information to consumer reporting agencies by public utility or telecommunications companies, and for other purposes. 1 Be it enacted by the Senate and House of Representa-

2 tives of the United States of America in Congress assembled, 3 4
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SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘The Credit Access and

5 Inclusion Act’’.

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S1613

2 1 2 3 4
SEC. 2. FULL-FILE ALTERNATIVE DATA, INCLUDING POSITIVE AND NEGATIVE CREDIT REPORTING PERMITTED.

(a) IN GENERAL.—Section 623 of the Fair Credit

5 Reporting Act (15 U.S.C. 1681s–2) is amended by adding 6 at the end the following new subsection: 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23
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‘‘(f) FULL-FILE CREDIT REPORTING.— ‘‘(1) RULE
OF CONSTRUCTION.—Nothing

in

this Act, or any regulation or rule established pursuant to this Act, shall be construed as to prohibit a person from furnishing the following information relating to a consumer to a consumer reporting agency: ‘‘(A) IDENTIFYING
INFORMATION.—A

con-

sumer’s full name, telephone number, mother’s maiden name, address, zip code, date of birth, any generational designation, social security number, or any other similar consumer identifiers or combination thereof. ‘‘(B) TRANSACTIONS
OR EXPERIENCES.—

Information solely as to transactions or experiences between the consumer and the person furnishing the information. ‘‘(C) PUBLIC
INFORMATION.—Public

24 25

record information.

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3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ‘‘(D) PERFORMANCE
OF CONSUMER.—The

performance of a consumer making payments under a real property lease or pursuant to a contract for a utility or telecommunication service. ‘‘(2) LIMITATIONS.—Information about a consumer’s usage of any public utility service may be furnished to a consumer reporting agency only to the extent that such information relates to payment by the consumer for the services of such public utility or other terms of the provision of services to the consumer, including any deposit, discount, or the conditions for interruption or termination of the services. ‘‘(3) UTILITY
ICE.—For OR TELECOMMUNICATION SERV-

purposes of this subsection, the term

‘utility or telecommunication service’ means an entity that provides utility services to the public through pipe, wire, landline, wireless, cable, or other connected facilities, or radio, electronic, or similar transmission (including the extension of such facilities).’’.

Æ
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