H.R. 166House116th Congress (2019-2021)In Committee

Fair Lending for All Act

Sponsored by Al GreenRep. Al Green (D-TX)
Introduced January 3, 2019

AI-Generated Summary

Updated April 13, 2026 at 11:41 PM UTC

The Fair Lending for All Act establishes a new Office of Fair Lending Testing within the CFPB to secretly test lenders for compliance with the Equal Credit Opportunity Act. It widens the prohibited bases for credit discrimination, adds criminal penalties (including personal liability for executives) for violations, mandates CFPB reviews of loan application forms and processes, and expands mortgage data‑collection requirements. The bill targets banks, mortgage lenders, and other credit providers, aiming to strengthen fair‑lending protections for borrowers.

Key Provisions

  • Creates an Office of Fair Lending Testing inside the Consumer Financial Protection Bureau to conduct secret‑shopping tests of lenders for compliance with the Equal Credit Opportunity Act (ECOA).
  • Expands the list of prohibited discrimination factors in the ECOA to include zip code or census tract, receipt of public assistance, and exercising rights under the Consumer Credit Protection Act, in addition to race, color, religion, national origin, sex (including sexual orientation and gender identity), marital status, and age.
  • Adds new criminal penalties for ECOA violations, with fines up to $50,000 for individual violations and up to $100,000 per violation (plus possible imprisonment) for patterns or practices, and holds senior officers personally liable for up to 100% of their compensation and up to five years in prison.
  • Requires the CFPB to review loan applications and the processes used by covered entities to ensure they do not violate the ECOA or other consumer finance laws, and to ban or enforce against non‑compliant applications or processes.
  • Broadens the data that must be reported under the Home Mortgage Disclosure Act to include zip code, census tract, income level, race, color, religion, national origin, sex, marital status, sexual orientation, and age.

Legislative Activity

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1 earlier action
HouseIntro Referral Latest Action

Referred to the House Committee on Financial Services.

January 3, 2019

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HouseIntro Referral

Introduced in House

January 3, 2019

HouseIntro Referral

Referred to the House Committee on Financial Services.

January 3, 2019

Floor Debate

1 member

What members said about H.R. 166 on the floor

1 Democrat
Al Green
Rep. Al GreenD-TX-9 · May 1, 2019

Mr. Speaker, it is always an honor to stand here in the House of Representatives, to have the opportunity to address colleagues, friends, and the Nation. I especially thank the leadership for…

Bill Text

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Introduced in HouseIssued January 3, 2019

I

116th CONGRESS

1st Session

H. R. 166

IN THE HOUSE OF REPRESENTATIVES

January 3, 2019

Mr. Green of Texas introduced the following bill; which was referred to the Committee on Financial Services

A BILL

To establish an Office of Fair Lending Testing to test for compliance with the Equal Credit Opportunity Act, to strengthen the Equal Credit Opportunity Act and to provide for criminal penalties for violating such Act, and for other purposes.

1.

Short title

This Act may be cited as the Fair Lending for All Act.

2.

Office of Fair Lending Testing

(a)

Establishment

There is established within the Bureau of Consumer Financial Protection an Office of Fair Lending Testing (hereinafter referred to as the Office).

(b)

Director

The head of the Office shall be a Director, who shall—

(1)

be appointed to a 5-year term by, and report to, the Director of the Bureau of Consumer Financial Protection;

(2)

appoint and fix the compensation of such employees as are necessary to carry out the duties of the Office under this section; and

(3)

provide an estimated annual budget to the Director of the Bureau of Consumer Financial Protection.

(c)

Civil service position

The position of the Director shall be a career position within the civil service.

(d)

Testing

(1)

In general

The Office, in consultation with the Attorney General and the Secretary of Housing and Urban Development, shall conduct testing of compliance with the Equal Credit Opportunity Act by creditors, through the use of individuals who, without any bona fide intent to receive a loan, pose as prospective borrowers for the purpose of gathering information.

(2)

Referral of violations

If, in carrying out the testing described under paragraph (1), the Office believes a person has violated the Equal Credit Opportunity Act, the Office shall refer such violation in writing to the Attorney General for appropriate action.

(e)

Report to Congress

Section 707 of the Equal Credit Opportunity Act (15 U.S.C. 1691f) is amended by adding at the end the following: In addition, each report of the Bureau shall include an analysis of the testing carried out pursuant to section 2 of the Fair Lending for All Act, and each report of the Bureau and the Attorney General shall include a summary of criminal enforcement actions taken under section 706A..

3.

Prohibition on credit discrimination

Subsection (a) of 701 of the Equal Credit Opportunity Act (15 U.S.C. 1691) is amended to read as follows:

(a)

It shall be unlawful for any creditor to discriminate against any applicant, with respect to any aspect of a credit transaction—

(1)

on the basis of race, color, religion, national origin, sex (including sexual orientation and gender identity), marital status, or age (provided the applicant has the capacity to contract);

(2)

on the basis of the applicant’s zip code, or census tract;

(3)

because all or part of the applicant's income derives from any public assistance program; or

(4)

because the applicant has in good faith exercised any right under the Consumer Credit Protection Act.

.

4.

Criminal penalties for violations of the Equal Credit Opportunity Act

(a)

In general

The Equal Credit Opportunity Act (15 U.S.C. 1691 et seq.) is amended by inserting after section 706 the following:

706A.

Criminal penalties

(a)

Individual violations

Any person who knowingly and willfully violates this title shall be fined not more than $50,000, or imprisoned not more than 1 year, or both.

(b)

Pattern or practice

(1)

In general

Any person who engages in a pattern or practice of knowingly and willfully violating this title shall be fined not more than $100,000 for each violation of this title, or imprisoned not more than twenty years, or both.

(2)

Personal liability of executive officers and directors of the board

Any executive officer or director of the board of an entity who knowingly and willfully causes the entity to engage in a pattern or practice of knowingly and willfully violating this title (or who directs another agent, senior officer, or director of the entity to commit such a violation or engage in such acts that result in the director or officer being personally unjustly enriched) shall be—

(A)

fined in an amount not to exceed 100 percent of the compensation (including stock options awarded as compensation) received by such officer or director from the entity—

(i)

during the time period in which the violations occurred; or

(ii)

in the one to three year time period preceding the date on which the violations were discovered; and

(B)

imprisoned for not more than 5 years.

.

(b)

Clerical amendment

The table of contents for the Equal Credit Opportunity Act (15 U.S.C. 1691 et seq.) is amended by inserting after the item relating to section 706 the following:

706A. Criminal penalties.

.

5.

Review of loan applications

(a)

In general

Subtitle C of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5531 et seq.) is amended by adding at the end the following:

1038.

Review of loan applications

(a)

In general

The Bureau shall carry out reviews of loan applications and the process of taking loan applications being used by covered persons to ensure such applications and processes do not violate the Equal Credit Opportunity Act or any other Federal consumer financial law.

(b)

Prohibition and enforcement

If the Bureau determines under subsection (a) that any loan application or process of taking a loan application violates the Equal Credit Opportunity Act or any other Federal consumer financial law, the Bureau shall—

(1)

prohibit the covered person from using such application or process; and

(2)

take such enforcement or other actions with respect to the covered person as the Bureau determines appropriate.

.

(b)

Clerical amendment

The table of contents in section 1 of the Dodd-Frank Wall Street Reform and Consumer Protection Act is amended by inserting after the item relating to section 1037 the following:

Sec. 1038. Review of loan applications.

.

6.

Mortgage data collection

(a)

In general

Section 304(b)(4) of the Home Mortgage Disclosure Act of 1975 (12 U.S.C. 2803(b)(4)) is amended by striking census tract, income level, racial characteristics, age, and gender and inserting the applicant or borrower’s zip code, census tract, income level, race, color, religion, national origin, sex, marital status, sexual orientation, and age.

(b)

Protection of privacy interests

Section 304(h)(3)(A) of the Home Mortgage Disclosure Act of 1975 (12 U.S.C. 2803(h)(3)(A)) is amended—

(1)

in clause (i), by striking and at the end;

(2)

by redesignating clause (ii) as clause (iii); and

(3)

by inserting after clause (i) the following:

(ii)

zip code, census tract, and any other category of data described in subsection (b)(4), as the Bureau determines to be necessary to satisfy the purpose described in paragraph (1)(E), and in a manner consistent with that purpose; and

.