,i #aafth ,,congress #ast ,session ,h4 ,r4 #aff ,,in ,,the ,,house ,,of ,,representatives ,january #c1 #bjai,mr4 ,green of ,texas introduced the following bill2 which was referred to the ,committee on ,financial ,services ,a ,,bill ,to establish an ,office of ,fair ,lending ,testing to test for compliance with the ,equal ,credit ,opportunity ,act1 to strengthen the ,equal ,credit ,opportunity ,act and to provide for criminal penalties for violating such ,act1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,fair ,lending for ,all ,act4 #b4 ,office of ,fair ,lending ,testing 7a7 ,establishment ,there is established within the ,bureau of ,consumer ,financial ,protection an ,office of ,fair ,lending ,testing 7hereinafter referred to as the ,office74 7b7 ,director ,the head of the ,office shall be a ,director1 who shall-- 7#a7 be appointed to a #e-year term by1 and report to1 the ,director of the ,bureau of ,consumer ,financial ,protection2 7#b7 appoint and fix the compensation of such employees as are necessary to carry out the duties of the ,office under this section2 and 7#c7 provide an estimated annual budget to the ,director of the ,bureau of ,consumer ,financial ,protection4 7c7 ,civil service position ,the position of the ,director shall be a career position within the civil service4 7d7 ,testing 7#a7 ,in general ,the ,office1 in consultation with the ,attorney ,general and the ,secretary of ,housing and ,urban ,development1 shall conduct testing of compliance with the ,equal ,credit ,opportunity ,act by creditors1 through the use of individuals who1 without any bona fide intent to receive a loan1 pose as prospective borrowers for the purpose of gathering information4 7#b7 ,referral of violations ,if1 in carrying out the testing described under paragraph 7#a71 the ,office believes a person has violated the ,equal ,credit ,opportunity ,act1 the ,office shall refer such violation in writing to the ,attorney ,general for appropriate action4 7e7 ,report to ,congress ,section #gjg of the ,equal ,credit ,opportunity ,act 7#ae ,u4,s4,c4 #afia;f7 is amended by adding at the end the following3 ,in addition1 each report of the ,bureau shall include an analysis of the testing carried out pursuant to section #b of the ,fair ,lending for ,all ,act1 and each report of the ,bureau and the ,attorney ,general shall include a summary of criminal enforcement actions taken under section #gjf;,a44 #c4 ,prohibition on credit discrimination ,subsection 7a7 of #gja of the ,equal ,credit ,opportunity ,act 7#ae ,u4,s4,c4 #afia7 is amended to read as follows3 7a7 ,it shall be unlawful for any creditor to discriminate against any applicant1 with respect to any aspect of a credit transaction-- 7#a7 on the basis of race1 color1 religion1 national origin1 sex 7including sexual orientation and gender identity71 marital status1 or age 7provided the applicant has the capacity to contract72 7#b7 on the basis of the applicant's zip code1 or census tract2 7#c7 because all or part of the applicant's income derives from any public assistance program2 or 7#d7 because the applicant has in good faith exercised any right under the ,consumer ,credit ,protection ,act4 4 #d4 ,criminal penalties for violations of the ,equal ,credit ,opportunity ,act 7a7 ,in general ,the ,equal ,credit ,opportunity ,act 7#ae ,u4,s4,c4 #afia et seq47 is amended by inserting after section #gjf the following3 #gjf;,a4 ,criminal penalties 7a7 ,individual violations ,any person who knowingly and willfully violates this title shall be fined not more than #ej1jjj1 or imprisoned not more than #a year1 or both4 7b7 ,pattern or practice 7#a7 ,in general ,any person who engages in a pattern or practice of knowingly and willfully violating this title shall be fined not more than #ajj1jjj for each violation of this title1 or imprisoned not more than twenty years1 or both4 7#b7 ,personal liability of executive officers and directors of the board ,any executive officer or director of the board of an entity who knowingly and willfully causes the entity to engage in a pattern or practice of knowingly and willfully violating this title 7or who directs another agent1 senior officer1 or director of the entity to commit such a violation or engage in such acts that result in the director or officer being personally unjustly enriched7 shall be-- 7,a7 fined in an amount not to exceed #ajj percent of the compensation 7including stock options awarded as compensation7 received by such officer or director from the entity-- 7i7 during the time period in which the violations occurred2 or 7ii7 in the one to three year time period preceding the date on which the violations were discovered2 and 7,b7 imprisoned for not more than #e years4 4 7b7 ,clerical amendment ,the table of contents for the ,equal ,credit ,opportunity ,act 7#ae ,u4,s4,c4 #afia et seq47 is amended by inserting after the item relating to section #gjf the following3 #gjf;,a4 ,criminal penalties4 4 #e4 ,review of loan applications 7a7 ,in general ,subtitle ,c of the ,consumer ,financial ,protection ,act of #bjaj 7#ab ,u4,s4,c4 #eeca et seq47 is amended by adding at the end the following3 #ajch4 ,review of loan applications 7a7 ,in general ,the ,bureau shall carry out reviews of loan applications and the process of taking loan applications being used by covered persons to ensure such applications and processes do not violate the ,equal ,credit ,opportunity ,act or any other ,federal consumer financial law4 7b7 ,prohibition and enforcement ,if the ,bureau determines under subsection 7a7 that any loan application or process of taking a loan application violates the ,equal ,credit ,opportunity ,act or any other ,federal consumer financial law1 the ,bureau shall-- 7#a7 prohibit the covered person from using such application or process2 and 7#b7 take such enforcement or other actions with respect to the covered person as the ,bureau determines appropriate4 4 7b7 ,clerical amendment ,the table of contents in section #a of the ,dodd-,frank ,wall ,street ,reform and ,consumer ,protection ,act is amended by inserting after the item relating to section #ajcg the following3 ,sec4 #ajch4 ,review of loan applications4 4 #f4 ,mortgage data collection 7a7 ,in general ,section #cjd7;b77#d7 of the ,home ,mortgage ,disclosure ,act of #aige 7#ab ,u4,s4,c4 #bhjc7;b77#d77 is amended by striking census tract1 income level1 racial characteristics1 age1 and gender and inserting the applicant or borrower's zip code1 census tract1 income level1 race1 color1 religion1 national origin1 sex1 marital status1 sexual orientation1 and age4 7b7 ,protection of privacy interests ,section #cjd7;h77#c77;,a7 of the ,home ,mortgage ,disclosure ,act of #aige 7#ab ,u4,s4,c4 #bhjc7;h77#c77;,a77 is amended-- 7#a7 in clause 7i71 by striking and at the end2 7#b7 by redesignating clause 7ii7 as clause 7iii72 and 7#c7 by inserting after clause 7i7 the following3 7ii7 zip code1 census tract1 and any other category of data described in subsection 7b77#d71 as the ,bureau determines to be necessary to satisfy the purpose described in paragraph 7#a77;,e71 and in a manner consistent with that purpose2 and 4