Identity Theft Victims Protection Act of 2019

II 116TH CONGRESS 1ST SESSION S. 2631 To amend the Fair Credit Reporting Act to accurately report identity theft transactions in the credit histories of criminal defendants. IN THE SENATE OF THE UNITED STATES OCTOBER 17, 2019 Mr. SCOTT of Florida (for himself, Mrs. CAPITO, Mrs. FISCHER, Mr. RUBIO, Mr. COTTON, and Mrs. BLACKBURN) 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 accurately report identity theft transactions in the credit histories of crimi- nal defendants. 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 ‘‘Identity Theft Victims 4 Protection Act of 2019’’. 5 VerDate Sep 11 2014 03:42 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2631.IS S2631 kjohnson on DSK79L0C42 with BILLS 2 •S 2631 IS SEC. 2. ACCURATE REPORTING OF CREDIT HISTORY IN- 1 FORMATION RELATED TO IDENTITY THEFT. 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 (15 U.S.C. 1681c–2) the following: 5 ‘‘SEC. 605C. ACCURATE REPORTING OF CREDIT HISTORY 6 INFORMATION RELATED TO IDENTITY 7 THEFT. 8 ‘‘(a) PURPOSE.—The purpose of this section is— 9 ‘‘(1) to prevent information that is the result of 10 identity theft from appearing in the credit history of 11 a victim consumer; and 12 ‘‘(2) to accurately report the information in the 13 credit history of the confirmed perpetrator of iden- 14 tity theft following a finding of guilt for a violation 15 of section 1028(a)(7) or 1028A(a) of title 18, 16 United States Code. 17 ‘‘(b) TRANSFER OF IDENTITY THEFT CREDIT INFOR- 18 MATION.—Upon direct request of a victim consumer, or 19 an individual acting on behalf of or as a personal rep- 20 resentative of a victim consumer, a consumer reporting 21 agency described in section 603(p) that maintains a file 22 on the consumer and has received appropriate proof of an 23 act or acts of identity theft, as described in subsection (c), 24 shall— 25 VerDate Sep 11 2014 03:42 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2631.IS S2631 kjohnson on DSK79L0C42 with BILLS 3 •S 2631 IS ‘‘(1) remove any information in the file of a vic- 1 tim consumer confirmed to be the result of identity 2 theft; and 3 ‘‘(2) add the removed information to the file of 4 the defendant found guilty of the identity theft. 5 ‘‘(c) INFORMATION NECESSARY TO EFFECT TRANS- 6 FER.—The direct request of a victim consumer, or an indi- 7 vidual acting on behalf of or as a personal representative 8 of a victim consumer under subsection (b), shall include 9 the following information: 10 ‘‘(1) A certified copy of the indictment, infor- 11 mation, or charging instrument filed in a court of 12 competent jurisdiction alleging 1 or more acts of 13 identity theft, in violation of section 1028 or 14 1028A(a) of title 18, United States Code, by a 15 named defendant against a named victim consumer. 16 ‘‘(2) Appropriate proof of the identity of the de- 17 fendant. 18 ‘‘(3) Appropriate proof of the identity of the 19 victim consumer. 20 ‘‘(4) A certified copy of the judgment entered 21 by a court of competent jurisdiction declaring the 22 defendant guilty of 1 or more acts of identity theft 23 or aggravated identity theft, as alleged in the indict- 24 VerDate Sep 11 2014 03:42 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2631.IS S2631 kjohnson on DSK79L0C42 with BILLS 4 •S 2631 IS ment, information, or charging instrument, against 1 the victim consumer. 2 ‘‘(5) Identification by the victim consumer of 3 the information related to the confirmed act or acts 4 of identity theft or aggravated identity theft by the 5 defendant. 6 ‘‘(6) A statement by the victim consumer that 7 the information is not information relating to any 8 transaction by the consumer. 9 ‘‘(d) AUTHORITY TO REQUEST ADDITIONAL INFOR- 10 MATION.—A consumer reporting agency may request addi- 11 tional information from the individual or entity submitting 12 information under subsection (b) if such additional infor- 13 mation is necessary to confirm— 14 ‘‘(1) the identity of the victim consumer or the 15 defendant; 16 ‘‘(2) the authenticity of any court document; or 17 ‘‘(3) the information in the file of the victim 18 consumer requested to be removed. 19 ‘‘(e) NOTIFICATION TO FURNISHERS OF INFORMA- 20 TION.—A consumer reporting agency shall promptly notify 21 the furnisher of information identified by the victim con- 22 sumer under subsection (b)— 23 VerDate Sep 11 2014 03:42 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2631.IS S2631 kjohnson on DSK79L0C42 with BILLS 5 •S 2631 IS ‘‘(1) that the information is the result of a judi- 1 cially confirmed act of identity theft by the named 2 defendant; 3 ‘‘(2) that the information identified as the re- 4 sult of identity theft has been removed from the file 5 of the victim consumer, and the information has 6 been added to the file of the defendant; and 7 ‘‘(3) the effective date of the addition of the in- 8 formation to the file of the defendant. 9 ‘‘(f) NOTIFICATION TO CONSUMER REPORTING 10 AGENCIES.—A consumer reporting agency described in 11 section 603(p) that maintains a file on the consumer and 12 has received the materials and information described in 13 subsection (c) shall refer such information to each of the 14 other consumer reporting agencies described in subsection 15 603(p), in accordance with procedures developed under 16 section 621(f). 17 ‘‘(g) DEFINITION.—In this section, the term ‘victim 18 consumer’ has the meaning given the term ‘victim’ in sec- 19 tion 609(e).’’. 20 (b) TECHNICAL AND CONFORMING AMENDMENT.— 21 The table of contents for the Fair Credit Reporting Act 22 is amended by inserting after the item relating to section 23 605B the following: 24 VerDate Sep 11 2014 03:42 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2631.IS S2631 kjohnson on DSK79L0C42 with BILLS 6 •S 2631 IS ‘‘605C. Accurate reporting of credit history information related to identity theft.’’. Æ VerDate Sep 11 2014 03:42 Oct 22, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\S2631.IS S2631 kjohnson on DSK79L0C42 with BILLS