[Page S3990]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2447. Mr. MERKLEY submitted an amendment intended to be proposed 
by him to the bill H.R. 1, to provide for reconciliation pursuant to 
title II of H. Con. Res. 14; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. END JUNK FEES FOR RENTERS.

       (a) Definitions.--In this section:
       (1) Appropriate regulator.--The term ``appropriate 
     regulator'' means--
       (A) the Secretary of Housing and Urban Development, with 
     respect to covered dwelling units described in--
       (i) paragraph (2)(A);
       (ii) paragraph (2)(B), to the extent the Federally backed 
     mortgage loan referred to in such paragraph is described in 
     subparagraph (A), (B), or (C) of paragraph (3); or
       (iii) paragraph (2)(B), to the extent the Federally backed 
     mortgage loan referred to in such paragraph is described in 
     paragraph (4) and is made in whole or in part, or insured, 
     guaranteed, supplemented, or assisted in any way under or in 
     connection with a housing or urban development program 
     administered by the Secretary of Housing and Urban 
     Development;
       (B) the Secretary of Veterans Affairs, with respect to 
     covered dwelling units described in paragraph (2)(B), to the 
     extent the Federally backed mortgage loan referred to in such 
     paragraph is described in--
       (i) paragraph (3)(D); or
       (ii) paragraph (4) and is made in whole or in part, or 
     insured, guaranteed, supplemented, or assisted in any way, by 
     the Secretary of Veterans Affairs or under or in connection 
     with a housing or related program administered by Secretary 
     of Veterans Affairs;
       (C) the Secretary of Agriculture, with respect to covered 
     dwelling units described in paragraph (2)(B), to the extent 
     the Federally backed mortgage loan referred to in such 
     paragraph is described in--
       (i) subparagraph (E) or (F) of paragraph (3); or
       (ii) paragraph (4) and is made in whole or in part, or 
     insured, guaranteed, supplemented, or assisted in any way, by 
     the Secretary of Agriculture or under or in connection with a 
     housing or related program administered by Secretary of 
     Agriculture; and
       (D) the Director of the Federal Housing Finance Agency, 
     with respect to covered dwelling units described in paragraph 
     (2)(B), to the extent the Federally backed mortgage loan 
     referred to in such paragraph is described in--
       (i) paragraph (3)(G); or
       (ii) paragraph (4) and is purchased or securitized by the 
     Federal Home Loan Mortgage Corporation or the Federal 
     National Mortgage Association.
       (2) Covered dwelling unit.--The term ``covered dwelling 
     unit'' means a dwelling unit that--
       (A) is provided assistance within the jurisdiction of the 
     Department, as defined in section 102(m) of the Department of 
     Housing and Urban Development Reform Act of 1989 (42 U.S.C. 
     3545(m)); or
       (B) is subject to, or is on or in a property that is 
     subject to, a Federally backed single-family mortgage loan or 
     a Federally backed multifamily mortgage loan.
       (3) Federally backed single-family mortgage loan.--The term 
     ``Federally backed single-family mortgage loan'' includes any 
     loan that is secured by a first or subordinate lien on 
     residential real property (including individual units of 
     condominiums and cooperatives) designed principally for the 
     occupancy of from 1- to 4-families that is--
       (A) insured by the Federal Housing Administration under 
     title II of the National Housing Act (12 U.S.C. 1707 et 
     seq.);
       (B) insured under section 255 of the National Housing Act 
     (12 U.S.C. 1715z-20);
       (C) guaranteed under section 184 or 184A of the Housing and 
     Community Development Act of 1992 (12 U.S.C. 1715z-13a, 
     1715z-13b);
       (D) guaranteed or insured by the Department of Veterans 
     Affairs;
       (E) guaranteed or insured by the Department of Agriculture;
       (F) made by the Department of Agriculture; or
       (G) purchased or securitized by the Federal Home Loan 
     Mortgage Corporation or the Federal National Mortgage 
     Association.
       (4) Federally backed multifamily mortgage loan.--The term 
     ``Federally backed multifamily mortgage loan'' includes any 
     loan (other than temporary financing such as a construction 
     loan) that--
       (A) is secured by a first or subordinate lien on 
     residential multifamily real property designed principally 
     for the occupancy of 5 or more families, including any such 
     secured loan, the proceeds of which are used to prepay or pay 
     off an existing loan secured by the same property; and
       (B) is made in whole or in part, or insured, guaranteed, 
     supplemented, or assisted in any way, by any officer or 
     agency of the Federal Government or under or in connection 
     with a housing or urban development program administered by 
     the Secretary of Housing and Urban Development or a housing 
     or related program administered by any other such officer or 
     agency, or is purchased or securitized by the Federal Home 
     Loan Mortgage Corporation or the Federal National Mortgage 
     Association.
       (5) Owner.--The term ``owner'' means, with respect to a 
     dwelling unit, any private person or entity, including a 
     cooperative, an agency of the Federal Government, or a public 
     housing agency, having the legal right to lease or sublease 
     the dwelling unit.
       (b) Rental Junk Fees.--
       (1) Application fees.--The appropriate regulator shall 
     prohibit the owner of a covered dwelling unit from assessing 
     or collecting a fee or charge, from any household in 
     connection with the submission of an application for rental 
     of the dwelling unit.
       (2) Tenant screening fees.--The appropriate regulator shall 
     prohibit the owner of a covered dwelling unit from assessing 
     to or collecting from any household applying to rent the 
     dwelling unit any fee or charge for costs of conducting any 
     criminal history, tenant screening, consumer report, or other 
     background check of the household.
       (3) Late fees.--The appropriate regulator shall require 
     that owners of covered dwelling units--
       (A) only impose fees or charges on tenants in connection 
     with the late payment of rent for a covered dwelling unit if 
     the amount of the fee or charge is less than 3 percent of the 
     monthly rent the tenant pays for the covered dwelling unit;
       (B) only impose fees or charges on tenants in connection 
     with the late payment of rent for a covered dwelling unit if 
     15 days have elapsed since the date on which the rent was 
     due; and
       (C) disclose the requirements imposed under subparagraphs 
     (A) and (B) in any lease entered for a covered dwelling unit 
     on or after the date on which rules are issued under 
     subsection (c).
       (4) Required disclosures.--The appropriate regulator shall 
     require each owner of a covered dwelling unit to disclose to 
     the tenant before a lease is signed--
       (A) the total amount due each month, including any fees;
       (B) to the degree practicable, a summary of any past 
     litigation between the the owner and any former or current 
     tenants;
       (C) a description of any ongoing pest and maintenance 
     issues; and
       (D) the amount rent increase for the property in each of 
     the 10 previous years.
       (c) Rulemaking.--Not later than 180 days after the date of 
     enactment of this Act, the Bureau of Consumer Financial 
     Protection and the Federal Trade Commission shall issue a 
     rule that--
       (1) defines the term ``junk fee'' with respect to rental 
     housing; and
       (2) finds the furnishing of any information about a unpaid 
     junk fee (as such term is defined pursuant to paragraph (1)) 
     to a consumer reporting agency to be a unfair or 
     unconscionable means to collect or attempt to collect debt in 
     violation of section 808 of the Fair Debt Collection 
     Practices Act (15 U.S.C. 1692f).
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