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HR 3316 IH

To amend the Fair Credit Reporting Act to provide individuals the ability to control access to their credit reports, and for other purposes.

August 2, 2007

Mrs. MALONEY of New York (for herself and Mr. GILLMOR) introduced the following bill; which was referred to the Committee on Financial Services

To amend the Fair Credit Reporting Act to provide individuals the ability to control access to their credit reports, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Identity Theft Protection Act of 2007'.

SEC. 2. PROTECTION OF DATA THROUGH SECURITY FREEZE.

(a) In General- The Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) is amended by inserting after section 605B (relating to block resulting from identity theft) the following new section:

`Sec. 605C. Protection of data through security freeze

`(a) In General-

`(1) EMPLACEMENT-

`(A) CONSUMER REQUEST- A consumer may place a security freeze on the consumer report of the consumer by making a request to a consumer reporting agency in writing, by telephone, by fax, or by a secure electronic method.

`(B) AVAILABILITY OF METHODS FOR MAKING REQUESTS- A consumer reporting agency shall maintain, in addition to a mailing address, telephone, fax, and electronic communication access for consumers to make requests for--

`(i) security freezes under this paragraph; and

`(ii) removal or temporary suspensions of existing security freezes under subsection (c).

`(C) CONFIRMATION OF ACTION ON REQUEST- With respect to each request under subparagraph (A) for a security freeze, a consumer reporting agency shall--

`(i) send a written confirmation of the security freeze to the consumer within 3 business days of placing the freeze; and

`(ii) at the same time shall provide the consumer with a unique personal identification number (hereafter in this section referred to as a `PIN') or password to be used by the consumer when providing authorization for the release of the credit report or information from it for a specific period of time.

`(2) CENTRALIZED SOURCE FOR FREEZE PLACEMENT-

`(A) IN GENERAL- The Commission shall prescribe regulations applicable to consumer reporting agencies to require the establishment of--

`(i) a centralized source, that meets the requirements of subparagraph (B), through which consumers can make a single request for--

`(I) a security freeze on the consumer report of the consumer as provided in paragraph (1)(A) from each consumer reporting agency; or

`(II) the suspension or removal of such freeze under subsection (c); and

`(ii) a standardized form for a consumer to make such a request for a security freeze on the consumer report of the consumer, or the suspension or removal of such freeze, in writing, by telephone, by fax, and by secure electronic method.

`(B) REQUIREMENTS FOR CENTRALIZED SOURCE SYSTEM- A centralized source established pursuant to subparagraph (A) meets the requirements of this subparagraph if--

`(i) the consumer is not required to request the placement, suspension, or removal of the security freeze from such centralized source and shall be able to use any means specified in subsection (a)(1)(A) to request the placement, suspension, or removal of the security freeze from each such consumer reporting agency individually;

`(ii) the centralized source may be used solely for consumer requests to place, suspend, or remove a security freeze and to provide information about placement, suspension, or removal of the freeze; and

`(iii) the centralized source, with respect to a single request for the placement, suspension, or removal of a security freeze under paragraph (1)(A) or subsection (c) by a consumer, provides for such request to be made in all of the following methods, at the discretion of the consumer:

`(I) A toll-free telephone for such purpose.

`(II) Use of a secure Internet web site for such purpose.

`(III) A process for submitting a written request for such purpose.

`(IV) A process for use of toll-free fax number for such purpose.

`(C) INFORMATION ABOUT PLACEMENT, SUSPENSION OR REMOVAL- For purposes of subparagraph (B)(ii), the term `information about placement, suspension or removal'--

`(i) includes--

`(I) general information about the security freeze;

`(II) information on how to place, suspend or remove a security freeze;

`(III) information on the benefits of placing a security freeze;

`(IV) information about Federal and State consumer security freeze rights, including fee waivers;

`(V) information about a consumer's right to a free annual credit report from the credit reporting agencies provided for by section 612; and

`(VI) other information related to the function, placement, and use of the freeze; and

`(ii) does not include any information about products or services other than or in addition to the security freeze offered by the credit reporting agency or third parties for a fee, links to web sites of such credit reporting agencies or third parties offering products or services for a fee, or other marketing information.

`(3) CONSUMER DISCLOSURE- If a consumer requests a security freeze, the consumer reporting agency shall disclose to the consumer--

`(A) the process of placing and removing the security freeze;

`(B) the potential consequences of the security freeze; and

`(C) the following statement:

`DISCLOSURE RELATING TO SECURITY FREEZE- A security freeze gives you the ability to `freeze' or prevent access to your credit file by anyone trying to open up a new account or to receive new credit in your name. Before you place a security freeze you should have a clear understanding of how a freeze works and the consequences. When a security freeze is in place, an identity thief cannot open a new account in your name because the potential creditor or seller of services will not be able to check your credit file. When you are applying for credit, you can temporarily lift the freeze using a personal identification number (PIN) so that legitimate applications for credit or services can be processed. Without lifting the freeze, you will not be able to get new credit. A freeze does not affect your ability to use your existing lines of credit such as your present credit cards, mortgage, or car loan.'.

`(b) Effect of Security Freeze-

`(1) RELEASE OF INFORMATION BLOCKED- If a security freeze is in place on a consumer report of a consumer, a consumer reporting agency may not release the consumer report or information from the consumer report to a third party without prior express authorization from the consumer.

`(2) INFORMATION PROVIDED TO THIRD PARTIES- Paragraph (1) shall not be construed as preventing a consumer reporting agency from advising a third party that a security freeze is in effect with respect to a consumer report of a consumer.

`(3) TREATMENT AS INCOMPLETE APPLICATION- If a third party, in connection with an application for credit, requests access to a consumer report on which a security freeze is in place, the third party may treat the application as incomplete.

`(c) Removal; Temporary Suspensions-

`(1) IN GENERAL- Except as provided in paragraph (4) or (5), a security freeze shall remain in place until the consumer requests that the security freeze be removed in any manner in which a security freeze may be requested under subsection (a)(1)(A) or through a centralized source established under subsection (a)(2).

`(2) CONDITIONS- A consumer reporting agency may remove a security freeze placed on the consumer report of a consumer only--

`(A) upon the consumer's request, pursuant to paragraph (1) if accompanied by appropriate identification of the consumer and the appropriate unique PIN or password provided in accordance with subsection (a)(1)(C)(ii); or

`(B) if the agency determines that the consumer report of a consumer was frozen due to a material misrepresentation of fact by the consumer.

`(3) NOTIFICATION TO CONSUMER- If a consumer reporting agency intends to remove a freeze upon the consumer report of a consumer pursuant to paragraph (2)(B), the consumer reporting agency shall notify the consumer in writing prior to removing the freeze on the consumer report.

`(4) TEMPORARY SUSPENSION FOR SPECIFIED TIME PERIOD- A consumer may have a security freeze on the consumer report of the consumer temporarily suspended for a specified period of time by making a request to a consumer reporting agency--

`(A) in any manner in which a security freeze may be requested under subsection (a)(1)(A) or through a centralized source established under subsection (a)(2), if accompanied by appropriate identification of the consumer and the appropriate unique PIN or password provided in accordance with subsection (a)(1)(C)(ii); and

`(B) specifying the beginning and ending dates for the period during which the security freeze is not to apply to the consumer report of the consumer.

`(5) CONFIRMATION- Whenever a consumer reporting agency removes or temporarily suspends a security freeze on the consumer report of a consumer at the request of that consumer under this subsection, the consumer reporting agency shall send a written confirmation of such action to the consumer within 3 business days after removing or temporarily suspending the security freeze on the consumer report.

`(d) Use of Identification Information-

`(1) IN GENERAL- Any information requested by a consumer reporting agency for the purpose of identifying a consumer in order to place, lift, or remove a security freeze or to replace a lost PIN or password may not be used by the consumer reporting agency for any other purpose.

`(2) RULE OF CONSTRUCTION- Paragraph (1) shall not be construed as limiting the use by a consumer reporting agency of information described in such paragraph that was acquired by the consumer reporting agency in any other manner or for any other purpose.

`(e) Response Times-

`(1) IN GENERAL- A consumer reporting agency shall--

`(A) place a security freeze on the consumer report of a consumer in accordance with subsection (a) not later than 1 business day after receiving a request from the consumer under subsection (a)(1); and

`(B) remove, or temporarily suspend, a security freeze in accordance with subsection (c) within 1 business day after--

`(i) receiving a request by mail or fax for removal or temporary suspension of the freeze from the consumer under subsection (c); or

`(ii) receiving such a request from a consumer by telephone, fax, or a secure electronic method in any case in which paragraph (2)(A) does not apply pursuant to paragraph (2)(B).

`(2) FAST RESPONSE TO REQUEST BY TELEPHONE OR A SECURE ELECTRONIC METHOD-

`(A) IN GENERAL- Subject to subparagraph (B), a consumer reporting agency shall remove, or temporarily suspend, a security freeze in accordance with subsection (c) within 15 minutes of receiving a request for removal or temporary suspension of the freeze from the consumer by telephone or a secure electronic method.

`(B) EXCEPTION- Subparagraph (A) shall not apply to a request by consumer if--

`(i) the consumer fails to meet the requirements of paragraph (2)(A), (4), or (5) of subsection (c); or

`(ii) the ability of the consumer reporting agency to remove the security freeze within 15 minutes is prevented by--

`(I) an act of God, including fire, earthquakes, hurricanes, storms, or similar natural disaster or phenomena;

`(II) unauthorized or illegal acts by a third party, including terrorism, sabotage, riot, vandalism, labor strikes or disputes disrupting operations, or similar occurrence;

`(III) operational interruption, including electrical failure, unanticipated delay in equipment or replacement part delivery, computer hardware or software failures inhibiting response time, or similar disruption;

`(IV) governmental action, including emergency orders or regulations, judicial or law enforcement action, or similar directives;

`(V) regularly scheduled maintenance, during other than normal business hours, of, or updates to, the consumer reporting agency's systems; or

`(VI) commercially reasonable maintenance of, or repair to, the consumer reporting agency's systems that is unexpected or unscheduled.

`(f) Exceptions- This section shall not apply to the use of a consumer credit report by any of the following:

`(1) A person or entity, or an affiliate or agent of that person or entity, or an assignee of a financial obligation owing by the consumer to that person or entity, or a prospective assignee of a financial obligation owing by the consumer to that person or entity in conjunction with the proposed purchase of the financial obligation, with which the consumer has or had prior to assignment an account or contract, including a demand deposit account, or to whom the consumer issued a negotiable instrument, for the purposes of reviewing the account or collecting the financial obligation owing for the account, contract, or negotiable instrument.

`(2) Any Federal, State or local agency, law enforcement agency, trial court, or private collection agency acting pursuant to a court order, warrant, or subpoena.

`(3) A child support agency or its agents or assigns acting pursuant to subtitle D of title IV of the Social Security Act or similar State law.

`(4) The Department of Health and Human Services, a similar State agency, or the agents or assigns of the Federal or State agency acting to investigate medicare or medicaid fraud.

`(5) The Internal Revenue Service or a State or municipal taxing authority, or a State department of motor vehicles, or any of the agents or assigns of these Federal, State, or municipal agencies acting to investigate or collect delinquent taxes or unpaid court orders or to fulfill any of their other statutory responsibilities.

`(6) The use of consumer credit information for the purposes of prescreening as provided under this title.

`(7) Any person or entity administering a credit file monitoring subscription to which the consumer has subscribed.

`(8) Any person or entity for the purpose of providing a consumer with a copy of his or her credit report or credit score upon the consumer's request.

`(g) Fees-

`(1) IN GENERAL-

`(A) CERTAIN REASONABLE FEES ALLOWED- Except as provided in paragraph (2), a consumer reporting agency may charge--

`(i) a fee of not to exceed $10 for placing a security freeze on the consumer report of a consumer; and

`(ii) an annual renewal fee of not to exceed $10 for maintaining such security freeze after the first year.

`(B) OTHER FEES PROHIBITED- No fee may be charged for any service in connection with a security freeze, including for removing or temporarily suspending the security freeze, except the fees authorized under subparagraph (A).

`(2) ID THEFT VICTIMS-

`(A) IN GENERAL- A consumer reporting agency may not charge a fee for placing or maintaining a security freeze on the consumer report of a consumer if--

`(i) the consumer--

`(I) is a victim of identity theft; and

`(II) has filed a police report, investigative report, or complaint made to a police department with respect to the theft; or

`(ii) the consumer is the recipient of a notice that a breach of data security has occurred with respect to sensitive personal information of the consumer.

`(B) LIABILITY OF RESPONSIBLE ENTITY FOR COSTS- Any person or entity who commits identity theft or is responsible for a breach of data security with respect to any consumer referred to in subparagraph (A) shall be liable to any consumer reporting agency for the cost of placing and maintaining a security freeze on the consumer report of the consumer.

`(h) Notice to Consumers of Freeze Option-

`(1) IN GENERAL- Each consumer reporting agency that makes information publicly available on the World Wide Web shall include, at the first location accessible by the general consumer public, a link to a location at which the consumer can place the security freeze by a secure electronic connection and a link to a location where the consumer can review instructions to obtain the security freeze by all available methods for obtaining such a freeze.

`(2) FORMAT REQUIREMENTS- The link referred to in paragraph (1) shall be at least as conspicuous, including in size, font, color and visibility, as any other service which is marketed or offered to consumers at the first location accessible by the general consumer public.

`(i) Limitation on Information Changes in Frozen Reports-

`(1) IN GENERAL- If a security freeze is in place on the consumer report of a consumer, a consumer reporting agency may not change any of the following official information in that consumer report without sending a written confirmation of the change to the consumer within 30 days after the change is made:

`(A) Name.

`(B) Date of birth.

`(C) Social Security number.

`(D) Address.

`(2) CONFIRMATION-

`(A) IN GENERAL- Paragraph (1) shall not be construed as requiring written confirmation for technical modifications of a consumer's official information, including name and street abbreviations, complete spellings, or transposition of numbers or letters.

`(B) OLD AND NEW ADDRESSES- In the case of an address change, the written confirmation shall be sent to both the new address and to the former address.

`(j) Certain Exemptions-

`(1) AGGREGATORS AND OTHER AGENCIES-

`(A) IN GENERAL- The provisions of subsections (a) through (h) shall not apply to a consumer reporting agency that acts only as a reseller of credit information by assembling and merging information contained in the data base of another consumer reporting agency or multiple consumer reporting agencies, and does not maintain a permanent data base of consumer information from which new consumer reports are produced.

`(B) FURTHER DISTRIBUTION PROHIBITED- Each consumer reporting agency described in subparagraph (A) shall be subject to the security freeze placed on the consumer report of any consumer and no such agency may distribute any information from the consumer report of such consumer in contravention of the security freeze while such freeze is in effect.

`(2) OTHER EXEMPTED ENTITIES- The following entities shall not be required to place a security freeze in a consumer report under this section:

`(A) A check services or fraud prevention services company, which issues reports on incidents of fraud or authorizations for the purpose of approving or processing negotiable instruments, electronic funds transfers, or similar methods of payments.

`(B) A deposit account information service company, which issues reports regarding account closures due to fraud, substantial overdrafts, automated teller machine abuse, or similar negative information regarding a consumer, to inquiring depository institutions or other financial institutions for use only in reviewing a consumer request for a deposit account at the inquiring depository institution or other financial institution.

`(3) EXEMPTED DATABASES- This section shall not apply a database or file maintained by a consumer reporting agency that is used solely for any of the following purposes:

`(A) Criminal record information.

`(B) Fraud prevention or detection.

`(C) Tenant screening.

`(D) Employee screening.'.

(b) Effective Date- The amendment made by subsection (a) shall take effect at the end of the 6-month period beginning on the date of the enactment of this Act.