[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4220 Introduced in House (IH)]
108th CONGRESS
2d Session
H. R. 4220
To amend the Fair Credit Reporting Act to protect the credit records of
consumers who are affected by federally declared disasters, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 27, 2004
Ms. Bordallo (for herself, Mr. Sherman, Mrs. Christensen, Mr.
Faleomavaega, Mr. McIntyre, Ms. Norton, and Mr. Owens) introduced the
following bill; which was referred to the Committee on Financial
Services
_______________________________________________________________________
A BILL
To amend the Fair Credit Reporting Act to protect the credit records of
consumers who are affected by federally declared disasters, 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 ``Federal Disaster Consumer Protection
Act''.
SEC. 2. PROHIBITION ON INCLUDING LATE PAYMENTS IN CREDIT REPORTS THAT
WERE LATE DUE SOLELY TO DECLARED DISASTERS.
(a) In General.--Section 605(a) of the Fair Credit Reporting Act
(15 U.S.C. 1681c(a)) is amended by adding at the end the following new
paragraph:
``(7) Any reference to a late payment that was due solely
to a disruption caused by a declared disaster for which the
agency receives notice under subsection (i).''.
(b) Procedure for Striking Adverse Information Due to Declared
Disaster.--Section 605 of the Fair Credit Reporting Act (15 U.S.C.
1681c) is amended by adding at the end the following new subsection:
``(i) Procedure for Striking Adverse Information Due to Declared
Disaster.--
``(1) Notice from consumer.--Any consumer who--
``(A) resides in an area which has been declared a
disaster area by the President under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act;
``(B) fails to make a payment on an obligation by
the due date (of the payment) that falls within the
grace period described in paragraph (4); and
``(C) pays the obligation within 30 days of the due
date referred to in subparagraph (B),
may notify the creditor at any time during the 2-year period following
the end of the grace period, with respect to such obligation, that the
late payment was due to the occurrence of the declared disaster.
``(2) Notice to consumer reporting agency.--Any creditor
which receives a notice from a consumer under paragraph (1)
shall notify any consumer reporting agency to which the
creditor furnished information on the late payment described in
such paragraph that the late payment was due to a disruption
caused by a declared disaster.
``(3) Responsibilities of the secretary of the treasury.--
The Secretary of the Treasury may designate a grace period for
purposes of paragraph (1) if, after consultation with the Under
Secretary for Emergency Preparedness and Response of the
Department of Homeland Security, the Secretary determines
that--
``(A) a disaster, as declared by the President
under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act has caused damage to the
infrastructure affecting banking, credit, and other
financial services and transactions in a specified
geographic region; and
``(B) the damage sustained could disrupt the
provision of financial services and the efficient
execution of financial transactions for a period longer
than the period described in paragraph (4)(A).
``(4) Grace period described.--For purposes of paragraph
(1), the grace period, with respect to any consumer, means the
longer of--
``(A) the 7-day period that begins on the effective
date of the declaration, by the President, of the
disaster area in which the consumer resides; and
``(B) the period, if any, prescribed by the
Secretary of the Treasury under paragraph (3).
``(5) Due date.--The term `due date' means the first date
upon which a late fee or other penalty may be imposed on a
consumer for a failure of the consumer to make a periodic
payment that is due on a debt.''.
(c) Report to the Congress.--Before the end of the 2-year period
beginning on the date of the enactment of this Act, the Secretary of
the Treasury shall submit a report to the Congress containing--
(1) a detailed description of the actions taken to
implement the requirements of the amendments made by this Act
and prevent evasions of such requirements;
(2) pertinent information on the impact of such
requirements on the financial services; and
(3) such recommendations for legislative or administrative
actions as the Secretary may determine to be appropriate.
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