,,ii  #aaeth ,,congress  #ast ,session  
,s4 #aihb  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,october #ah1  
#bjag,mr4 ,perdue introduced the        
following bill2 which was read twice and
 referred to the ,committee on ,banking1
 ,housing1 and ,urban ,affairs  ,a      
,,bill  ,to amend the ,fair ,credit     
,reporting ,act to establish a national 
security freeze standard1 and for other 
purposes4  #a4 ,short title ,this ,act  
may be cited as the ,promoting          
,responsible ,oversight of ,transactions
 and ,examinations of ,credit           
,technology ,act of #bjag or the        
,,protect ,act of #bjag4  ,i ,national  
,security ,freeze  #aja4 ,national      
security freeze and additional          
protections for files and credit records
 of protected consumers ,section #fje of
 the ,fair ,credit ,reporting ,act 7#ae 
,u4,s4,c4 #afha;c7 is amended by adding 
at the end the following3  7i7 ,national
 security freeze and additional         
protections for files and credit records

 of protected consumers  7#a7           
,definitions ,for purposes of this      
subsection3 7,a7 ,the term proper       
identification has the meaning of such  
term as used under section #faj4  7,b7  
,the term consumer reporting agency     
means a consumer reporting agency that  
compiles and maintains files on         
consumers on a nationwide basis4  7,c7  
,the term security freeze means a       
restriction placed on making consumer   
reports of a consumer1 at the request of
 the consumer1 that prohibits a consumer
 reporting agency from making a consumer
 report with respect to the consumer to 
any person for the purpose of opening a 
new account involving the extension of  
credit4  7#b7 ,request for security     
freeze1 processing time1 confirmation of
 freeze and personal identification     
number or password  7,a7 ,request ,a    
consumer may request that a consumer    
reporting agency place a security freeze
 by sending a request via mail1         
telephone1 facsimile1 internet1 or other

 electronic media to the consumer       
reporting agency in a manner designated 
by the consumer reporting agency to     
receive such requests4  7,b7 ,placement 
of security freeze ,a consumer reporting
 agency shall place a security freeze no
 later than #e business days after      
receiving from the consumer--  7i7 a    
request described under subparagraph    
7,a72  7ii7 proper identification2 and  
7iii7 payment of the required fee1 if   
applicable4  7,c7 ,confirmation and     
additional information ,not later than  
#aj business days after placing a       
security freeze1 the consumer reporting 
agency shall--  7i7 send confirmation of
 the placement to the consumer2  7ii7   
inform the consumer of the process by   
which the consumer may temporarily lift 
the security freeze and allow the       
consumer reporting agency to make a     
consumer report with respect to the     
consumer for a specific entity or a     
specific period of time2  7iii7 provide 
the consumer with a unique personal     

identification number or password to be 
used with the process described under   
subparagraph 7,b72 and  7iv7 inform the 
consumer of the process by which the    
consumer may remove the security freeze4
  7,d7 ,notice to third parties ,a      
consumer reporting agency may advise a  
third party that a security freeze has  
been placed with respect to a consumer4 
7#c7 ,requests to temporarily lift      
freeze1 timing1 request procedures  7,a7
 ,in general ,if a consumer with a      
security freeze in place wishes to      
temporarily allow a consumer reporting  
agency to make a consumer report with   
respect to the consumer for a specific  
entity or a specific period of time1 the
 consumer may notify the consumer       
reporting agency using a method of      
contact designated by the consumer      
reporting agency1 requesting that the   
freeze be temporarily lifted1 and       
providing1 to complete the request1 all 
of the following3  7i7 ,proper          
identification4  7ii7 ,the unique       

personal identification number or       
password provided by the consumer       
reporting agency pursuant to paragraph  
7#b77;,c74  7iii7 ,the applicable       
information regarding the entity or time
 period with respect to which the       
consumer wishes the security freeze to  
be lifted4  7iv7 ,the required fee1 if  
applicable4  7,b7 ,temporary lifting of 
security freeze ,a consumer reporting   
agency that receives a request described
 under subparagraph 7,a7 shall comply   
with the request not later than #c      
business days after receiving the       
request4  7,c7 ,procedures ,a consumer  
reporting agency may develop procedures 
involving the use of telephone1         
facsimile1 the internet1 or other       
electronic media to receive and process 
a request from a consumer described     
under subparagraph 7,a7 in an expedited 
manner4  7#d7 ,mandatory removal or     
temporary lifting of freeze1 notice to  
consumer1 and third-party requests  7,a7
 ,in general ,a consumer reporting      

agency shall remove or temporarily lift 
a freeze placed on the consumer report  
of a consumer only in the following     
cases3  7i7 ,upon consumer request4     
7ii7 ,the security freeze was placed due
 to a material misrepresentation of fact
 by the consumer4  7,b7 ,notice if      
removal not by request ,if a consumer   
reporting agency intends to remove a    
security freeze with respect to a       
consumer1 and is not doing so at the    
request of the consumer1 the consumer   
reporting agency shall notify the       
consumer in writing prior to removing   
the security freeze4  7,c7 ,third-party 
requests ,if a third party requests     
access to a consumer report of a        
consumer with respect to which a        
security freeze is in effect1 where such
 request is in connection with an       
application for credit or any other use1
 and the consumer does not allow such   
consumer report to be accessed1 the     
third party may treat the application as
 incomplete4  7#e7 ,removal of freeze by

 consumer request ,a security freeze    
shall remain in place until the consumer
 requests1 using a method of contact    
designated by the consumer reporting    
agency1 that the security freeze be     
removed4 ,a consumer reporting agency   
shall remove a security freeze within #c
 business days of receiving such a      
request for removal from the consumer1  
who provides along with it--  7,a7      
proper identification2  7,b7 the unique 
personal identification number or       
password provided by the consumer       
reporting agency pursuant to paragraph  
7#b77;,c72 and  7,c7 the required fee1  
if applicable4  7#f7 ,exceptions ,a     
security freeze shall not apply to the  
making of a consumer report for use by  
the following3  7,a7 ,a person or       
entity1 or a subsidiary1 affiliate1 or  
agent of that person or entity1 or an   
assignee of a financial obligation owed 
by the consumer to that person or       
entity1 or a prospective assignee of a  
financial obligation owed by the        

consumer to that person or entity in    
conjunction with the proposed purchase  
of the financial obligation1 with which 
the consumer has or had prior to        
assignment an account or contract       
including a demand deposit account1 or  
to whom the consumer issued a negotiable
 instrument1 for the purposes of        
reviewing the account or collecting the 
financial obligation owed for the       
account1 contract1 or negotiable        
instrument4 ,for purposes of this       
subparagraph1 reviewing the account     
includes activities related to account  
maintenance1 monitoring1 credit line    
increases1 and account upgrades and     
enhancements4  7,b7 ,a subsidiary1      
affiliate1 agent1 assignee1 or          
prospective assignee of a person to whom
 access has been granted for purposes of
 facilitating the extension of credit or
 other permissible use4  7,c7 ,any      
,federal1 ,state or local agency1 law   
enforcement agency1 trial court1 or     
private collection agency acting        

pursuant to a court order1 warrant1 or  
subpoena4  7,d7 ,a child support agency 
acting pursuant to part ,d of title ,,iv
 of the ,social ,security ,act4  7,e7 ,a
 ,state or its agents or assigns acting 
to investigate fraud or acting to       
investigate or collect delinquent taxes 
or unpaid court orders or to fulfill any
 of its other statutory                 
responsibilities1 provided such         
responsibilities are consistent with a  
permissible purpose under section #fjd4 
7,f7 ,a person using credit information 
for the purposes described under section
 #fjd7;c74  7,g7 ,any person or entity  
administering a credit file monitoring  
subscription or similar service to which
 the consumer has subscribed4  7,h7 ,any
 person or entity for the purpose of    
providing a consumer with a copy of the 
consumer's consumer report or credit    
score1 upon the request of the consumer4
  7,i7 ,any person using the information
 in connection with the underwriting of 
insurance4  7,j7 ,any person using the  

information for employment1 tenant1 or  
background screening purposes4  7#g7    
,fees  7,a7 ,in general ,a consumer     
reporting agency may charge a fee of no 
more than #e to a consumer for each     
security freeze1 removal of a security  
freeze1 or temporary lifting of a       
security freeze4  7,b7 ,exception ,a    
consumer reporting agency shall not     
charge any fee described under          
subparagraph 7,a7 to-- 7i7 a victim of  
identity theft who has submitted1 at the
 time the security freeze is requested1 
a copy of a valid investigative or      
incident report or complaint with a law 
enforcement agency about the unlawful   
use of the victim's identifying         
information by another person2  7ii7    
except as provided in subsection 7j71 a 
consumer who is a minor or #fe years of 
age or older for the initial placement  
and removal of a security freeze2 or    
7iii7 a consumer who has submitted a    
copy of the consumer's orders calling   
the service member to military service  

and any orders further extending the    
service member's period of service if   
currently active4  7#h7 ,modification of
 official information  7,a7 ,in general 
,if a security freeze is in place1 a    
consumer reporting agency shall not     
change any of the following official    
information in the file of a consumer   
without sending confirmation of the     
change to the consumer within #cj days  
of the change being posted to the file  
of the consumer3  7i7 ,name4  7ii7 ,date
 of birth4  7iii7 ,social ,security     
number4  7iv7 ,address4  7,b7 ,exception
 for technical modifications            
,subparagraph 7,a7 shall not apply to   
technical modifications of official     
information of a consumer1 including    
name and street abbreviations1 complete 
spellings1 or transposition of numbers  
or letters4  7,c7 ,address changes ,in  
the case of an address change1 the      
confirmation described under            
subparagraph 7,a7 shall be sent to both 
the new address and to the former       

address4  7#i7 ,notice of rights ,at any
 time a consumer is required to receive 
a summary of rights required under      
section #fji1 the following notice shall
 be included3  ,consumers ,have the     
,right ,to ,obtain a ,security          
,freeze--,you have a right to place a   
security freeze on your credit report1  
which will prohibit a consumer reporting
 agency from releasing information in   
your credit report without your express 
authorization4 ,the security freeze is  
designed to prevent credit1 loans1 and  
services from being approved in your    
name without your consent4 ,however1 you
 should be aware that using a security  
freeze to take control over who gets    
access to the personal and financial    
information in your credit report may   
delay1 interfere with1 or prohibit the  
timely approval of any subsequent       
request or application you make         
regarding a new loan1 credit1 mortgage1 
government services or payments1 rental 
housing1 employment1 investment1        

license1 cellular phone1 utilities1     
digital signature1 internet credit card 
transaction1 or other services1         
including an extension of credit at     
point of sale4 ,when you place a        
security freeze on your credit report1  
you will be provided a personal         
identification number or password to use
 if you choose to remove the security   
freeze on your credit report or         
authorize the release of your credit    
report to a particular entity or for a  
period of time after the freeze is in   
place4 ,to provide that authorization   
you must contact the consumer reporting 
agency by one of the methods that it    
requires1 and provide all of the        
following3  7#a7 ,the personal          
identification number or password4  7#b7
 ,proper identification to verify your  
identity4  7#c7 ,the applicable         
information regarding the entity or time
 period with respect to which the       
consumer wishes the security freeze to  
be lifted4  7#d7 ,the payment of the    

appropriate fee1 if applicable4  ,a     
consumer reporting agency must authorize
 the release of your credit report no   
later than #c business days after       
receiving all of the above items by any 
method that the consumer reporting      
agency allows4  ,a security freeze does 
not apply to a person or entity1 or its 
affiliates1 or collection agencies      
acting on behalf of the person or       
entity1 with which you have an existing 
account that requests information in    
your credit report for the purposes of  
reviewing or collecting the account4    
,reviewing the account includes         
activities related to account           
maintenance1 monitoring1 credit line    
increases1 and account upgrades and     
enhancements4  ,you have a right to     
bring a civil action against anyone1    
including a consumer reporting agency1  
who willfully or negligently fails to   
comply with the ,federal law on security
 freezes 7section #fje;,c of the ,fair  
,credit ,reporting ,act74  ,a consumer  

reporting agency has the right to charge
 you up to ,five ,dollars 7#e4jj7 to    
place a security freeze1 up to ,five    
,dollars 7#e4jj7 to temporarily lift a  
security freeze1 and up to ,five        
,dollars 7#e4jj7 to remove a security   
freeze4 ,however1 you shall not be      
charged any fee if you are a victim of  
identity theft who has submitted1 at the
 time the security freeze is requested1 
a copy of a valid investigative or      
incident report or complaint with a law 
enforcement agency about the unlawful   
use of your identifying information by  
another person1 or if you are a minor or
 sixty-five 7#fe7 years of age or older 
for the initial placement and removal of
 a security freeze4  4  7j7 ,national   
protections for files and credit records
 of protected consumers  7#a7           
,definitions ,as used in this           
subsection3 7,a7 ,the term consumer     
reporting agency means a consumer       
reporting agency that compiles and      
maintains files on consumers on a       

nationwide basis4  7,b7 ,the term       
protected consumer means an individual  
who is-- 7i7 under the age of #af years 
at the time a request for the placement 
of a security freeze is made2 or  7ii7  
an incapacitated person or a protected  
person for whom a guardian or           
conservator has been appointed4  7,c7   
,the term record means a compilation of 
information that-- 7i7 identifies a     
protected consumer2  7ii7 is created by 
a consumer reporting agency solely for  
the purpose of complying with this      
subsection2 and  7iii7 may not be       
created or used to consider the         
protected consumer's credit worthiness1 
credit standing1 credit capacity1       
character1 general reputation1 personal 
characteristics1 or mode of living4     
7,d7 ,the term representative means a   
person who provides to a consumer       
reporting agency sufficient proof of    
authority to act on behalf of a         
protected consumer4  7,e7 ,the term     
security freeze means-- 7i7 if a        

consumer reporting agency does not have 
a file pertaining to a protected        
consumer1 a restriction that--  7,i7 is 
placed on the protected consumer's      
record in accordance with this          
subsection2 and  7,,ii7 prohibits the   
consumer reporting agency from releasing
 the protected consumer's record except 
as provided in this subsection2 or  7ii7
 if a consumer reporting agency has a   
file pertaining to the protected        
consumer1 a restriction that-- 7,i7 is  
placed on the protected consumer's      
consumer report in accordance with this 
subsection2 and  7,,ii7 prohibits the   
consumer reporting agency from releasing
 the protected consumer's consumer      
report except as provided in this       
subsection4  7,f7 ,the term sufficient  
proof of authority means documentation  
that shows a representative has         
authority to act on behalf of a         
protected consumer and includes--  7i7  
an order issued by a court of law2  7ii7
 a lawfully executed and valid power of 

attorney2 or  7iii7 a written1 notarized
 statement signed by a representative   
that expressly describes the authority  
of the representative to act on behalf  
of a protected consumer4  7,g7 ,the term
 sufficient proof of identification     
means information or documentation that 
identifies a protected consumer or a    
representative of a protected consumer  
and includes--  7i7 a ,social ,security 
number or a copy of a ,social ,security 
card issued by the ,social ,security    
,administration2  7ii7 a certified or   
official copy of a birth certificate    
issued by the entity authorized to issue
 the birth certificate2 or  7iii7 a copy
 of a driver's license1 an              
identification card issued by the motor 
vehicle administration1 or any other    
government issued identification4  7#b7 
,exceptions ,this subsection shall not  
apply to the making of a consumer report
 for use by the following3 7,a7 ,a      
person or entity1 or a subsidiary1      
affiliate1 or agent of that person or   

entity1 or an assignee of a financial   
obligation owed by the consumer to that 
person or entity1 or a prospective      
assignee of a financial obligation owed 
by the consumer to that person or entity
 in conjunction with the proposed       
purchase of the financial obligation1   
with which the consumer has or had prior
 to assignment an account or contract   
including a demand deposit account1 or  
to whom the consumer issued a negotiable
 instrument1 for the purposes of        
reviewing the account or collecting the 
financial obligation owed for the       
account1 contract1 or negotiable        
instrument4 ,for purposes of this       
subparagraph1 reviewing the account     
includes activities related to account  
maintenance1 monitoring1 credit line    
increases1 and account upgrades and     
enhancements4  7,b7 ,a subsidiary1      
affiliate1 agent1 assignee1 or          
prospective assignee of a person to whom
 access has been granted for purposes of
 facilitating the extension of credit or

 other permissible use4  7,c7 ,any      
,federal1 ,state or local agency1 law   
enforcement agency1 trial court1 or     
private collection agency acting        
pursuant to a court order1 warrant1 or  
subpoena4  7,d7 ,a child support agency 
acting pursuant to part ,d of title ,,iv
 of the ,social ,security ,act4  7,e7   
,the ,state or its agents or assigns    
acting to investigate fraud or acting to
 investigate or collect delinquent taxes
 or unpaid court orders or to fulfill   
any of its other statutory              
responsibilities1 provided such         
responsibilities are consistent with a  
permissible purpose under section #fjd4 
7,f7 ,a person using credit information 
for the purposes described under section
 #fjd7;c74  7,g7 ,any person or entity  
administering a credit file monitoring  
subscription or similar service to which
 the consumer has subscribed4  7,h7 ,any
 person or entity for the purpose of    
providing a consumer with a copy of the 
consumer's consumer report or credit    

score1 upon the request of the consumer4
  7,i7 ,any person using the information
 in connection with the underwriting of 
insurance4  7,j7 ,any person using the  
information for employment1 tenant or   
background screening purposes4  7#c7    
,placing a freeze for a protected       
consumer  7,a7 ,in general ,a consumer  
reporting agency shall place a security 
freeze for a protected consumer if-- 7i7
 the consumer reporting agency receives 
a request from the protected consumer's 
representative for the placement of the 
security freeze under this subsection2  
and  7ii7 the protected consumer's      
representative-- 7,i7 submits the       
request to the consumer reporting agency
 at the address or other point of       
contact and in the manner specified by  
the consumer reporting agency2  7,,ii7  
provides to the consumer reporting      
agency sufficient proof of              
identification of the protected consumer
 and the representative2  7,,iii7       
provides to the consumer reporting      

agency sufficient proof of authority to 
act on behalf of the protected consumer2
 and  7,,iv7 pays to the consumer       
reporting agency a fee as provided under
 this subsection2  7,b7 ,creation of    
file ,if a consumer reporting agency    
does not have a file pertaining to a    
protected consumer when the consumer    
reporting agency receives a request     
under subparagraph 7,a71 the consumer   
reporting agency shall create a credit  
record for the protected consumer4  7,c7
 ,placement of security freeze ,within  
#c days after receiving a request       
described under subparagraph 7,a71 a    
consumer reporting agency shall place a 
security freeze for the protected       
consumer4  7#d7 ,prohibition on release 
of record or file of protected consumer 
,unless a security freeze for a         
protected consumer is removed in        
accordance with this subsection1 a      
consumer reporting agency may not       
release the protected consumer's        
consumer report1 any information derived

 from the protected consumer's consumer 
report1 or any record created for the   
protected consumer4  7#e7 ,timeline for 
a freeze for a protected consumer ,a    
security freeze for a protected consumer
 placed under this subsection shall     
remain in effect until--  7,a7 the      
protected consumer or the protected     
consumer's representative requests the  
consumer reporting agency to remove the 
security freeze in accordance with      
paragraph 7#f72 or  7,b7 the security   
freeze is removed in accordance with    
paragraph 7#i74  7#f7 ,removal of a     
protected consumer security freeze ,if a
 protected consumer or a protected      
consumer's representative wishes to     
remove a security freeze for the        
protected consumer1 the protected       
consumer or the protected consumer's    
representative shall--  7,a7 submit a   
request for the removal of the security 
freeze to the consumer reporting agency 
at the address or other point of contact
 and in the manner specified by the     

consumer reporting agency2  7,b7 provide
 to the consumer reporting agency-- 7i7 
in the case of a request by the         
protected consumer--  7,i7 proof that   
the sufficient proof of authority for   
the protected consumer's representative 
to act on behalf of the protected       
consumer is no longer valid2 and  7,,ii7
 sufficient proof of identification of  
the protected consumer2 or  7ii7 in the 
case of a request by the representative 
of a protected consumer--  7,i7         
sufficient proof of identification of   
the protected consumer and the          
representative2 and  7,,ii7 sufficient  
proof of authority to act on behalf of  
the protected consumer2 and  7iii7 pay  
to the consumer reporting agency a fee1 
if applicable1 as provided in paragraph 
7#h74  7#g7 ,timing of removal of a     
protected consumer freeze ,within #c    
days after receiving a request described
 under paragraph 7#f71 the consumer     
reporting agency shall remove the       
security freeze for the protected       

consumer4  7#h7 ,fees for a protected   
consumer freeze  7,a7 ,in general       
,except as provided in subparagraph     
7,b71 a consumer reporting agency may   
not charge a fee for any service        
performed under this subsection4  7,b7  
,reasonable fee permitted ,a consumer   
reporting agency may charge a reasonable
 fee1 not exceeding #e1 for each        
placement or removal of a security      
freeze for a protected consumer4  7,c7  
,exceptions ,notwithstanding            
subparagraph 7,b71 a consumer reporting 
agency may not charge any fee under this
 subsection if--  7i7 the protected     
consumer's representative has obtained a
 police report or affidavit of alleged  
identity fraud against the protected    
consumer and provides a copy of the     
report to the consumer reporting agency2
 or  7ii7 a request for the placement or
 removal of a security freeze is for a  
protected consumer who is under the age 
of sixteen years of age at the time of  
the request and the consumer reporting  

agency has a consumer report pertaining 
to the protected consumer4  7#i7        
,deletion of file or record created     
based on a material misrepresentation ,a
 consumer reporting agency may remove a 
security freeze for a protected consumer
 or delete a record of a protected      
consumer if the security freeze was     
placed or the record was created based  
on a material misrepresentation of fact 
by the protected consumer or the        
protected consumer's representative4  4 
,,ii ,credit rating agency use of social
 security numbers  #bja4 ,prohibition on
 the use of social security numbers  7a7
 ,in general ,section #fje of the ,fair 
,credit ,reporting ,act 7#ae ,u4,s4,c4  
#afha;c71 as amended by title ,,ii1 is  
amended by adding at the end the        
following3  7k7 ,prohibition on the use 
of social security numbers ,a consumer  
reporting agency that compiles and      
maintains files on consumers on a       
nationwide basis-- 7#a7 may not make any
 consumer report containing a ,social   

,security number2 and  7#b7 may not use 
the ,social ,security number of a       
consumer as a method to identify the    
consumer1 or for any other purpose4  4  
7b7 ,conforming amendment ,section      
#fji7;a77#a7 of the ,fair ,credit       
,reporting ,act 7#ae ,u4,s4,c4          
#afha;g7a77#a77 is amended by striking  
except that-- and all that follows      
through 7,b7 nothing and inserting      
except that nothing4  7c7 ,effective    
date ,the amendments made by this       
section shall take effect on ,january   
#a1 #bjbj4