,,ii #aafth ,,congress #ast ,session ,s4 #abje ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #aa1 #bjai ,mrs4 ,gillibrand 7for herself1 ,ms4 ,klobuchar1 ,mr4 ,wyden1 and ,mr4 ,blumenthal7 introduced the following bill2 which was read twice and referred to the ,committee on ,banking1 ,housing1 and ,urban ,affairs ,a ,,bill ,to amend the ,equal ,credit ,opportunity ,act to require creditors to request demographic information from applicants for certain types of credit in order to prevent discriminatory lending practices with respect to those applicants1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,protections in ,consumer ,lending ,act4 #b4 ,collection of demographic information 7a7 ,in general ,the ,equal ,credit ,opportunity ,act 7#ae ,u4,s4,c4 #afia et seq47 is amended by inserting after section #gjd;,b 7#ae ,u4,s4,c4 #afia;c-#b7 the following3 #gjd;,c4 ,collection of demographic information 7a7 ,definitions ,in this section-- 7#a7 the terms annual percentage rate and interest have the meanings given those terms in section #ihg7;i7 of title #aj1 ,united ,states ,code2 7#b7 the term covered transaction means-- 7,a7 the extension of credit with respect to the purchase of a motor vehicle2 7,b7 the extension of credit with respect to which the annual percentage rate of interest imposed is greater than #cf percent2 7,c7 the extension of credit-- 7i7 in an amount that is less than #ae1jjj2 or 7ii7 with respect to which the period of repayment is less than #c years2 and 7,d7 the opening of a credit card account2 and 7#c7 the term covered year means a year in which a creditor engages in a covered transaction4 7b7 ,purpose2 sense of ,congress 7#a7 ,purpose ,the purpose of this section is to provide the ,bureau and the public with data that can be used to-- 7,a7 help determine whether creditors are serving the credit-lending needs of the communities in which the creditors are located2 and 7,b7 assist in-- 7i7 identifying possible discriminatory lending patterns2 and 7ii7 enforcing antidiscrimination statutes1 including this title4 7#b7 ,sense of ,congress ,it is the sense of ,congress that nothing in this section is intended to encourage unsound lending practices or the allocation of credit4 7c7 ,collection of information 7#a7 ,in general ,subject to the other provisions of this section1 after a creditor decides whether to approve an application submitted by an applicant with respect to a covered transaction1 the creditor-- 7,a7 shall-- 7i7 request from the applicant the information described in paragraph 7#b7 with respect to the applicant2 7ii7 when collecting information under clause 7i71 provide a disclaimer to the applicant regarding-- 7,i7 the purposes of the collection of the information2 and 7,,ii7 the right of the applicant under paragraph 7#c72 7iii7 itemize the information with respect to the application1 including any information collected under clause 7i71 in order to clearly and conspicuously disclose-- 7,i7 the number of the application and the date on which the application was received2 7,,ii7 the type and purpose of the covered transaction2 7,,iii7 the amount of the credit or credit limit applied for with respect to the covered transaction2 7,,iv7 if applicable1 the amount of the credit or credit limit approved for the applicant with respect to the covered transaction2 7,v7 the type of action taken with respect to the application1 the date on which that action is taken1 and1 if the action taken is to reject the application1 the reason for that rejection2 7,,vi7 the originator of the covered transaction2 7,,vii7 the credit score and debt to income ratio of the applicant2 7,,viii7 if the covered transaction is a loan1 whether or not the loan is amortizing2 and 7,,ix7 any additional data that the ,bureau determines would aid in fulfilling the purposes of this section2 and 7iv7 in accordance with subsection 7e71 submit any information collected under clause 7i7 and the information itemized under clause 7iii7 to the ,bureau1 which shall-- 7,i7 store and maintain that information2 7,,ii7 make the information available online in accordance with subsection 7e77#e72 and 7,,iii7 take the action described in subsection 7f7 with respect to the information2 and 7,b7 in carrying out subparagraph 7,a71 may not include in any record the name1 specific address1 telephone number1 electronic mail address1 or any other personally identifiable information of the applicant4 7#b7 ,information described ,the information described in this paragraph shall include1 with respect to an applicant who submits an application to a creditor in connection with a covered transaction-- 7,a7 the age of the applicant2 7,b7 the race of the applicant2 7,c7 the color of the applicant2 7,d7 the sex of the applicant2 7,e7 the marital status of the applicant2 7,f7 the sexual orientation of the applicant2 and 7,g7 the gender identity of the applicant4 7#c7 ,right to refuse ,an applicant with respect to a covered transaction may refuse to provide any information requested under paragraph 7#a7 with respect to the covered transaction4 7d7 ,no access by underwriters 7#a7 ,limitation ,where feasible1 and subject to paragraph 7#b71 no loan underwriter or other officer or employee of a creditor1 or any affiliate of a creditor1 involved in making any determination concerning an application with respect to a covered transaction may have access to any information provided by the applicant with respect to that covered transaction pursuant to a request for information under subsection 7c77#a77;,a77i7 in connection with that application4 7#b7 ,limited access ,if a creditor determines that a loan underwriter or other officer or employee of the creditor1 or any affiliate of the creditor1 involved in making any determination concerning an application with respect to a covered transaction should have access to any information provided by the applicant with respect to that covered transaction pursuant to a request for information under subsection 7c77#a77;,a77i7 in connection with that application1 the creditor shall provide notice to the applicant-- 7,a7 regarding the access of the underwriter to that information2 and 7,b7 that the creditor may not discriminate on the basis of that information4 7e7 ,disclosure of information to ,bureau 7#a7 ,in general ,not later than ,march #a of the year after a covered year for a creditor1 the creditor shall submit to the ,bureau all of the information that the creditor collected under clause 7i7 of subsection 7c77#a77;,a7 and itemized under clause 7iii7 of that subsection during that covered year4 7#b7 ,information retained ,each creditor that submits information to the ,bureau under paragraph 7#a7 shall retain a copy of that information in the records of the creditor for not less than #c years after the date on which the creditor submits the information4 7#c7 ,prohibition ,a creditor that collects information under subsection 7c77#a77;,a7 may not-- 7,a7 share1 exchange1 transfer1 sell1 disclose1 or otherwise permit access to that information except as provided in this subsection2 or 7,b7 use that information for any purpose1 including for a purpose relating to marketing1 except as provided in this subsection4 7#d7 ,disclosure statement ,the ,bureau shall make available a disclosure statement based on the information that each creditor submits for a covered year under paragraph 7#a71 which-- 7,a7 shall include-- 7i7 the number of applications for covered transactions that the creditor received and approved during that covered year2 and 7ii7 the zip code and ,state of residence for each applicant with respect to an application for a covered transaction received by the creditor during that covered year2 and 7,b7 may not include any information described in subsection 7c77#a77;,b74 7#e7 ,online disclosure ,the ,bureau shall-- 7,a7 post a general notice regarding the availability of the information received by the ,bureau under paragraph 7#a72 7,b7 in the notice posted under subparagraph 7,a71 clearly convey that the information described in that subparagraph is available on the website of the ,bureau2 and 7,c7 when making the information received under paragraph 7#a7 available on the website of the ,bureau1 ensure that-- 7i7 the information is easy for members of the public to access and understand2 and 7ii7 accessing and reading the information does not require the use of any advanced computer program or software4 7f7 ,bureau action 7#a7 ,ensuring no discrimination 7,a7 ,in general ,the ,bureau shall examine the information submitted to the ,bureau under subsection 7e7 or subparagraph 7,b71 as applicable1 to ensure that-- 7i7 each creditor makes a decision regarding whether to approve an application for a covered transaction based on the internal requirements and policies of the creditor with respect to the extension of credit2 and 7ii7 no creditor with respect to a covered transaction discriminates against an applicant with respect to that covered transaction on the basis of any characteristic of the applicant described in subsection 7c77#b74 7,b7 ,information from other government entities ,for the purposes of subparagraph 7,a71 the ,bureau may rely on information that is collected by another ,federal1 ,state1 or local government agency and submitted to the ,bureau if the ,director of the ,bureau determines that-- 7i7 relying on that information promotes transparency2 and 7ii7 the information collected by that other agency is substantially similar to the information that is submitted to the ,bureau under subsection 7e74 7#b7 ,enforcement 7,a7 ,in general ,the ,bureau may take such action as the ,bureau determines to be necessary or appropriate to carry out paragraph 7#a77;,a71 including by-- 7i7 imposing a civil penalty in an amount described in section #gjf7;b7 against a creditor that violates that paragraph2 and 7ii7 as appropriate1 referring a matter to the ,attorney ,general4 7,b7 ,rules of construction regarding bona fide errors 7i7 ,unintentional errors ,an error by a creditor in compiling or recording information1 including an incorrect entry for a census tract number1 may not be construed as a violation of this section if the error is unintentional and occurs despite the maintenance of procedures by the creditor that are reasonably adapted to avoid those errors4 7ii7 ,inaccurate or incomplete information ,if a creditor1 not later than #cj days after the end of each calendar quarter1 makes a good faith effort to record all information required to be collected under clause 7i7 of subsection 7c77#a77;,a7 and itemized under clause 7iii7 of that subsection during that quarter and some of that information is nevertheless inaccurate or incomplete1 the error or omission1 as applicable1 may not be construed to violate this section if the creditor corrects or completes the information before submitting the information to the ,bureau under subsection 7e74 7g7 ,reporting requirement ,not later than #a year after the date of enactment of this section1 and annually thereafter1 the ,bureau shall submit to ,congress a report regarding the efforts of the ,bureau in carrying out this section4 4 7b7 ,technical and conforming 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 #gjd;,b 7#ae ,u4,s4,c4 #afia;c-#b7 the following3 #gjd;,c4 ,collection of demographic information4 4