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H.R. 435 (115th): The Credit Access and Inclusion Act of 2017

The text of the bill below is as of Jan 11, 2017 (Introduced).



1st Session

H. R. 435


January 11, 2017

(for himself, Mr. Pittenger, Mrs. Carolyn B. Maloney of New York, Mr. Duffy, Mr. Al Green of Texas, Mr. Stivers, Mr. Meeks, Mrs. Love, Mr. Capuano, Mr. Renacci, Ms. Moore, Mr. Jones, Mr. Conyers, Mr. Grijalva, and Ms. Schakowsky) introduced the following bill; which was referred to the Committee on Financial Services


To amend the Fair Credit Reporting Act to clarify Federal law with respect to reporting certain positive consumer credit information to consumer reporting agencies, and for other purposes.


Short title

This Act may be cited as the The Credit Access and Inclusion Act of 2017.


Positive credit reporting permitted


In general

Section 623 of the Fair Credit Reporting Act (15 U.S.C. 1681s–2) is amended by adding at the end the following new subsection:


Full-File credit reporting


In general

Subject to the limitation in paragraph (2) and notwithstanding any other provision of law, a person or the Secretary of Housing and Urban Development may furnish to a consumer reporting agency information relating to the performance of a consumer in making payments—


under a lease agreement with respect to a dwelling, including such a lease in which the Department of Housing and Urban Development provides subsidized payments for occupancy in a dwelling; or


pursuant to a contract for a utility or telecommunications service.



Information about a consumer’s usage of any utility services provided by a utility or telecommunication firm may be furnished to a consumer reporting agency only to the extent that such information relates to payment by the consumer for the services of such utility or telecommunication service or other terms of the provision of the services to the consumer, including any deposit, discount, or conditions for interruption or termination of the services.


Payment plan

An energy utility firm may not report payment information to a consumer reporting agency with respect to an outstanding balance of a consumer as late if—


the energy utility firm and the consumer have entered into a payment plan (including a deferred payment agreement, an arrearage management program, or a debt forgiveness program) with respect to such outstanding balance; and


the consumer is meeting the obligations of the payment plan, as determined by the energy utility firm.



In this subsection, the following definitions shall apply:


Energy utility firm

The term energy utility firm means an entity that provides gas or electric utility services to the public.


Utility or telecommunication firm

The term utility or telecommunication firm means an entity that provides utility services to the public through pipe, wire, landline, wireless, cable, or other connected facilities, or radio, electronic, or similar transmission (including the extension of such facilities).



Limitation on liability

Section 623(c) of the Consumer Credit Protection Act (15 U.S.C. 1681s–2(c)) is amended—


in paragraph (2), by striking or at the end;


by redesignating paragraph (3) as paragraph (4); and


by inserting after paragraph (2) the following new paragraph:


subsection (f) of this section, including any regulations issued thereunder; or