Debt Bondage Repair Act

II 117TH CONGRESS 1ST SESSION S. 2040 To prohibit consumer reporting agencies from furnishing a consumer report containing any adverse item of information about a consumer if the consumer is a victim of trafficking, and for other purposes. IN THE SENATE OF THE UNITED STATES JUNE 14, 2021 Mr. CORNYN introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To prohibit consumer reporting agencies from furnishing a consumer report containing any adverse item of informa- tion about a consumer if the consumer is a victim of trafficking, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Debt Bondage Repair 4 Act’’. 5 VerDate Sep 11 2014 07:06 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2040.IS S2040 kjohnson on DSK79L0C42PROD with BILLS 2 •S 2040 IS SEC. 2. ADVERSE INFORMATION IN CASES OF TRAF- 1 FICKING. 2 (a) IN GENERAL.—The Fair Credit Reporting Act 3 (15 U.S.C. 1681 et seq.) is amended by inserting after 4 section 605B the following: 5 ‘‘§ 605C. Adverse information in cases of trafficking 6 ‘‘(a) DEFINITIONS.—In this section: 7 ‘‘(1) TRAFFICKING DOCUMENTATION.—The 8 term ‘trafficking documentation’ means— 9 ‘‘(A) documentation of— 10 ‘‘(i) a determination by a Federal or 11 State governmental entity that a consumer 12 is a victim of trafficking; or 13 ‘‘(ii) a determination by a court of 14 competent jurisdiction that a consumer is 15 a victim of trafficking; and 16 ‘‘(B) documentation that identifies items 17 of adverse information that should not be fur- 18 nished by a consumer reporting agency because 19 the items resulted from the severe form of traf- 20 ficking in persons or sex trafficking of which 21 the consumer is a victim. 22 ‘‘(2) VICTIM OF TRAFFICKING.—The term ‘vic- 23 tim of trafficking’ means a person who is a victim 24 of a severe form of trafficking in persons or sex traf- 25 ficking, as those terms are defined in section 103 of 26 VerDate Sep 11 2014 07:06 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2040.IS S2040 kjohnson on DSK79L0C42PROD with BILLS 3 •S 2040 IS the Trafficking Victims Protection Act of 2000 (22 1 U.S.C. 7102). 2 ‘‘(b) ADVERSE INFORMATION.—A consumer report- 3 ing agency may not furnish a consumer report containing 4 any adverse item of information about a consumer that 5 resulted from a severe form of trafficking in persons or 6 sex trafficking if the consumer has provided trafficking 7 documentation to the consumer reporting agency. 8 ‘‘(c) RULEMAKING.— 9 ‘‘(1) IN GENERAL.—Not later than 180 days 10 after the date of the enactment of this section, the 11 Director shall promulgate regulations to implement 12 subsection (a). 13 ‘‘(2) CONTENTS.—The regulations issued pur- 14 suant to paragraph (1) shall establish a method by 15 which consumers shall submit trafficking docu- 16 mentation to consumer reporting agencies.’’. 17 (b) TABLE OF CONTENTS AMENDMENT.—The table 18 of contents of the Fair Credit Reporting Act is amended 19 by inserting after the item relating to section 605B the 20 following: 21 ‘‘605C. Adverse information in cases of trafficking.’’. (c) APPLICABILITY.—The amendments made by this 22 section shall apply to any trafficking documentation, as 23 defined in section 605C(a) of the Fair Credit Reporting 24 Act, as added by subsection (a) of this section, provided 25 VerDate Sep 11 2014 07:06 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2040.IS S2040 kjohnson on DSK79L0C42PROD with BILLS 4 •S 2040 IS on or after the date that is 30 days after the date on which 1 the Director of the Bureau of Consumer Financial Protec- 2 tion promulgates regulations pursuant to subsection (c) of 3 section 605C. 4 Æ VerDate Sep 11 2014 07:06 Jun 23, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\S2040.IS S2040 kjohnson on DSK79L0C42PROD with BILLS