,,ii #aaeth ,,congress #b;d ,session ,s4 #bcge ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #e1 #bjah ,mr4 ,brown 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 allow consumers to prohibit certain consumer reporting agencies from releasing any information in the files of those consumers1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,equifax ,consumer ,protection and ,data ,empowerment ,act of #bjah4 #b4 ,credit locks 7a7 ,in general ,the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afha et seq47 is amended by inserting after section #fje;,b 7#ae ,u4,s4,c4 #afha;c-#b7 the following3 #fje;,c4 ,protection of credit information of consumers 7a7 ,secure1 convenient1 accessible1 and cost-,free file locks for consumers 7#a7 ,in general ,subject to paragraph 7#b71 each consumer reporting agency described in section #fjc7p7 shall provide to any consumer a secure1 convenient1 accessible1 and cost-free method that1 with the express authorization of the consumer1 allows that consumer reporting agency to release1 or prevents that consumer reporting agency from releasing1 any information in the file of the consumer for the purpose of-- 7,a7 the marketing or extension of credit or insurance2 or 7,b7 opening any financial account4 7#b7 ,prohibitions ,with respect to the method described in paragraph 7#a7-- 7,a7 the method may not be used by the consumer reporting agency that provides the method1 or by any other person1 to collect any information on a consumer that is not necessary for the purposes of preventing the release of information described in that paragraph2 7,b7 no information collected under the method may be used for any purpose other than a purpose described in subparagraph 7,a72 7,c7 in offering the method1 a credit reporting agency described in section #fjc7p7 may not require a consumer to-- 7i7 waive any rights of the consumer2 or 7ii7 indemnify the credit reporting agency with respect to any liabilities that arise from offering the method2 and 7,d7 the method may not be used by any person to market or advertise any product or service4 7#c7 ,release of information ,nothing in this subsection shall affect the ability of a person with whom a consumer has an account1 contract1 or debtor-creditor relationship to obtain information regarding the consumer for the purposes of reviewing the account or collecting on the account4 7b7 ,regulations ,not later than #ah months after the date of enactment of this section1 the ,bureau shall prescribe regulations carrying out this section4 4 7b7 ,table of contents amendment ,the table of contents for the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afha et seq47 is amended by inserting after the item relating to section #fje;,b the following3 #fje;,c4 ,protection of credit information of consumers4 4 #c4 ,permissible purposes of credit reports2 disclosure to consumers 7a7 ,in general ,the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afha et seq47 is amended-- 7#a7 in section #fjd 7#ae ,u4,s4,c4 #afha;b7-- 7,a7 in subsection 7a7-- 7i7 in the matter preceding paragraph 7#a7-- 7,i7 by striking ,subject to subsection 7c71 any and inserting ,any2 and 7,,ii7 by striking a consumer report and inserting information from the file of a consumer2 7ii7 in paragraph 7#c7-- 7,i7 by striking subparagraphs 7,a7 and 7,c72 7,,ii7 by redesignating subparagraph 7,b7 as subparagraph 7,a72 7,,iii7 by redesignating subparagraphs 7,d7 through 7,g7 as subparagraphs 7,b7 through 7,e71 respectively2 and 7,,iv7 in subparagraph 7,d71 as so redesignated1 by striking information-- and all that follows through the period at the end of clause 7ii7 and inserting the following3 information to review an account to determine whether the consumer continues to meet the terms of the account2 or2 and 7iii7 by adding at the end the following3 7#g7 ,pursuant to the express authorization of a consumer1 subject to the method provided under section #fje;,c7a7 in the case of a consumer reporting agency described in section #fjc7p74 2 7,b7 by striking subsection 7c72 and 7,c7 by redesignating subsections 7d7 through 7g7 as subsections 7c7 through 7f71 respectively2 7#b7 in section #fji7;a77#a7 7#ae ,u4,s4,c4 #afha;g7a77#a771 by striking request1 except that-- and all that follows through the period at the end of subparagraph 7,b7 and inserting the following3 request1 without regard to whether the information is held by a parent1 subsidiary1 or affiliate of the consumer reporting agency42 7#c7 in section #fab7;a77#a77;,a7 7#ae ,u4,s4,c4 #afha;j7a77#a77;,a771 by striking once during any #ab-month period2 and 7#d7 in section #fae 7#ae ,u4,s4,c4 #afham7-- 7,a7 by striking subsection 7d72 and 7,b7 by redesignating subsections 7e7 through 7h7 as subsections 7d7 through 7g71 respectively4 7b7 ,regulations ,not later than #ah months after the date of enactment of this ,act1 the ,bureau of ,consumer ,financial ,protection shall issue regulations carrying out section #fji7;a77#a7 of the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afha;g7a77#a771 as amended by subsection 7a77#b74 7c7 ,technical and conforming amendments 7#a7 ,consumer ,financial ,protection ,act of #bjaj ,section #ajjb7ab77;,f7 of the ,consumer ,financial ,protection ,act of #bjaj 7#ab ,u4,s4,c4 #edha7ab77;,f77 is amended-- 7,a7 by striking #fae7;e7 and inserting #fae7;d72 and 7,b7 by striking #afham7e7 and inserting #afham7d74 7#b7 ,fair ,credit ,reporting ,act ,the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afha et seq47 is amended-- 7,a7 in section #fjc 7#ae ,u4,s4,c4 #afha;a7-- 7i7 in subsection 7d77#c71 in the matter preceding subparagraph 7,a71 by striking section #fjd7;g77#c7 and inserting section #fjd7;f77#c72 and 7ii7 in subsection 7k77#a77;,b7-- 7,i7 in clause 7iii71 by striking section #fjd7;a77#c77;,d7 and inserting section #fjd7;a77#c77;,b72 and 7,,ii7 in clause 7iv77,i71 by striking section #fjd7;a77#c77;,f77ii7 and inserting section #fjd7;a77#c77;,d72 7,b7 in section #fba 7#ae ,u4,s4,c4 #afhas7-- 7i7 in subsection 7b77#a71 in the matter preceding subparagraph 7,a71 by striking persons who furnish information to such agencies1 and users of information that are subject to section #fae7;d7 and inserting and persons who furnish information to such agencies2 and 7ii7 in subsection 7e77#a71 in the first sentence1 by striking #fae7;e7 and inserting #fae7;d72 7,c7 in section #fbc7;c77#c7 7#ae ,u4,s4,c4 #afhas-#b7;c77#c771 by striking subsection 7e7 and inserting subsection 7d72 and 7,d7 in section #fbe7;b7 7#ae ,u4,s4,c4 #afhat7b77-- 7i7 in paragraph 7#a7-- 7,i7 in subparagraph 7,a71 by striking subsection 7c7 or 7e7 of section #fjd and inserting section #fjd7;d72 7,,ii7 by striking subparagraph 7,d72 7,,iii7 by redesignating subparagraphs 7,e7 through 7,i7 as subparagraphs 7,d7 through 7,h71 respectively2 and 7,,iv7 in subparagraph 7,h71 as so redesignated1 by striking section #fae7;h7 and inserting section #fae7;g72 and 7ii7 in paragraph 7#e77;,f71 by striking 7e71 7f71 and 7g7 and inserting 7d71 7e71 and 7f74 #d4 ,enhancement of fraud alert protections 7a7 ,in general ,section #fje;,a of the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afha;c-#a7 is amended-- 7#a7 by striking subsection 7a72 7#b7 by redesignating subsections 7b7 through 7h7 as subsections 7a7 through 7g71 respectively2 7#c7 in subsection 7a71 as so redesignated-- 7,a7 in the subsection heading1 by striking ,extended and inserting ,fraud2 and 7,b7 in paragraph 7#a7-- 7i7 in the matter preceding subparagraph 7,a71 by striking submits an identity theft report and inserting asserts in good faith a suspicion that the consumer has been or is about to become a victim of fraud or related crime1 including identity theft1 or has been or will be harmed by the unauthorized disclosure of the financial or personally identifiable information of the consumer12 7ii7 in subparagraph 7,a71 by striking #g-year and inserting #aj-year2 7iii7 by striking subparagraph 7,b72 7iv7 by redesignating subparagraph 7,c7 as subparagraph 7,b72 7v7 in subparagraph 7,b71 as so redesignated-- 7,i7 by striking extended2 and 7,,ii7 by striking the period at the end and inserting 2 and2 and 7vi7 by adding at the end the following3 7,c7 upon the expiration of the period described in subparagraph 7,a71 or a subsequent #aj-year period1 and in response to a direct request by the consumer or such representative1 continue the fraud alert for an additional period of #aj years if the consumer or such representative submits an identity theft report4 2 7#d7 in subsection 7b71 as so redesignated-- 7,a7 by striking paragraph 7#b72 7,b7 by redesignating paragraphs 7#a7 and 7#c7 as subparagraphs 7,a7 and 7,b71 respectively1 and adjusting the margins accordingly2 7,c7 in the matter preceding subparagraph 7,a71 as so redesignated1 by striking ,upon the direct request and inserting the following3 7#a7 ,in general ,upon the direct request 2 and 7,d7 by adding at the end the following3 7#b7 ,access to free reports ,if a consumer reporting agency includes an active duty alert in the file of an active duty military consumer1 the consumer reporting agency shall-- 7,a7 disclose to the active duty military consumer that the active duty military consumer may request a free copy of the file of the active duty military consumer under section #fab7;d7 during each #a-year period beginning on the date on which the activity duty military alert is requested and ending on the date of the last day that the active duty alert applies to the file of the active duty military consumer2 and 7,b7 not later than #c business days after the date on which the active duty military consumer makes a request described in subparagraph 7,a71 provide to the active duty military consumer all disclosures required to be made under section #fji1 without charge to the active duty military consumer4 2 7#e7 by amending subsection 7c71 as so redesignated1 to read as follows3 7c7 ,procedures ,each consumer reporting agency described in section #fjc7p7 shall establish and make available to the public on the ,internet website of the consumer reporting agency policies and procedures to comply with this section1 including policies and procedures-- 7#a7 that inform consumers of the availability of fraud alerts1 active duty alerts1 or the method provided under section #fje;,c7a71 as applicable2 7#b7 that allow consumers to request fraud alerts and active duty alerts in a simple and easy manner2 and 7#c7 for asserting in good faith a suspicion that the consumer has been or is about to become a victim of fraud or related crime1 including identity theft1 or has been or will be harmed by the unauthorized disclosure of the financial or personally identifiable information of the consumer1 for a consumer requesting a fraud alert4 2 7#f7 in subsection 7d71 as so redesignated1 by striking paragraphs 7#a71 7#b71 and 7#c7 and inserting the following3 7#a7 paragraphs 7#a77;,a71 7#a77;,c71 and 7#b7 of subsection 7a71 in the case of a referral under subsection 7a77#a77;,b72 and 7#b7 subsection 7b77#a77;,a71 in the case of a referral under subsection 7b77#a77;,b74 2 7#g7 in subsection 7f71 as so redesignated1 by inserting #8#8or has been or will be harmed by the unauthorized disclosure of the financial or personally identifiable information of the consumer1'' after identity theft12 and 7#h7 in subsection 7g71 as so redesignated-- 7,a7 in paragraph 7#a7-- 7i7 in the paragraph heading1 by striking initial and inserting fraud alerts2 7ii7 in subparagraph 7,a71 by striking initial2 and 7iii7 in subparagraph 7,b77i71 by striking an initial and inserting a2 and 7,b7 in paragraph 7#b7-- 7i7 in the paragraph heading1 by striking extended and inserting fraud2 7ii7 in subparagraph 7,a71 in the matter preceding clause 7i71 by striking extended and inserting fraud2 and 7iii7 in subparagraph 7,b71 by striking an extended and inserting a4 7b7 ,technical and conforming amendment ,section #fab7;d7 of the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afha;j7d77 is amended by striking subsections 7a77#b7 and 7b77#b7 of section #fje;,a1 as applicable and inserting section #fje;,a7a77#b74