[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5677 Introduced in House (IH)]
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116th CONGRESS
2d Session
H. R. 5677
To amend the Fair Credit Reporting Act to provide protections for
extended active duty uniformed consumers, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 24, 2020
Ms. Sanchez introduced the following bill; which was referred to the
Committee on Financial Services
_______________________________________________________________________
A BILL
To amend the Fair Credit Reporting Act to provide protections for
extended active duty uniformed consumers, 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 ``Fair Credit Reporting for
Servicemembers Act''.
SEC. 2. PROTECTIONS FOR ACTIVE DUTY UNIFORMED CONSUMER.
(a) Definitions.--Section 603 of the Fair Credit Reporting Act (15
U.S.C. 1681a) is amended--
(1) in subsection (q), by amending paragraph (1) to read as
follows:
``(1) Active duty uniformed consumer.--The term `active
duty uniformed consumer' means a consumer who is--
``(A) in military service and on active service (as
defined in section 101(d) of title 10, United States
Code); or
``(B) a member of the uniformed services (as
defined in section 101(a) of title 10, United States
Code) who is not a member of the armed forces and is on
active service.''; and
(2) by adding at the end the following:
``(bb) Extended Active Duty Uniformed Consumer.--The term `extended
active duty uniformed consumer' means an active duty uniformed consumer
that is deployed--
``(1) in a combat zone (as defined under section 112(c) of
the Internal Revenue Code of 1986); or
``(2) aboard a United States vessel.''.
(b) Prohibition on Including Certain Adverse Information in
Consumer Reports.--Section 605 of the Fair Credit Reporting Act (15
U.S.C. 1681c) is amended--
(1) in subsection (a), by adding at the end the following:
``(9) Any item of adverse information about a consumer, if
the action or inaction that gave rise to the item occurred
while the consumer was an extended active duty uniformed
consumer.''; and
(2) by adding at the end the following:
``(i) Notice of Status as an Extended Active Duty Uniformed
Consumer.--With respect to an item of adverse information about a
consumer, if the action or inaction that gave rise to the item occurred
while the consumer was an extended active duty uniformed consumer, the
consumer may provide appropriate proof, including official orders, to a
consumer reporting agency that the consumer was an extended active duty
uniformed consumer at the time such action or inaction occurred. The
consumer reporting agency shall promptly delete that item of adverse
information from the file of the consumer and notify the consumer and
the furnisher of the information of the deletion.''.
(c) Communications Between the Consumer and Consumer Reporting
Agencies.--Section 605A of the Fair Credit Reporting Act (15 U.S.C.
1681c-1) is amended--
(1) in subsection (c)--
(A) by striking ``Upon'' and inserting the
following:
``(1) In general.--Upon'';
(B) by redesignating paragraphs (1), (2), and (3)
as subparagraphs (A), (B), and (C), and moving such
redesignated subparagraphs 2 ems to the right; and
(C) by adding at the end the following:
``(2) Negative information alert.--Any time a consumer
reporting agency receives an item of adverse information about
a consumer, if the consumer has provided appropriate proof that
the consumer is an extended active duty uniformed consumer, the
consumer reporting agency shall promptly notify the consumer--
``(A) that the agency has received such item of
adverse information, along with a description of the
item; and
``(B) the method by which the consumer can dispute
the validity of the item.
``(3) Contact information for extended active duty
uniformed consumers.--With respect to any consumer that has
provided appropriate proof to a consumer reporting agency that
the consumer is an extended active duty uniformed consumer, if
the consumer provides the consumer reporting agency with
separate contact information to be used when communicating with
the consumer while the consumer is an extended active duty
uniformed consumer, the consumer reporting agency shall use
such contact information for all communications while the
consumer is an extended active duty uniformed consumer.''; and
(2) in subsection (e), by amending paragraph (3) to read as
follows:
``(3) subparagraphs (A) and (B) of subsection (c)(1), in
the case of a referral under subsection (c)(1)(C).''.
(d) Conforming Amendment.--The Fair Credit Reporting Act (15 U.S.C.
1681 et seq.) is amended by striking ``active duty military'' each
place such term appears and inserting ``active duty uniformed''.
(e) Sense of Congress.--It is the sense of Congress that any person
making use of a consumer report containing an item of adverse
information should, if the action or inaction that gave rise to the
item occurred while the consumer was an extended active duty uniformed
consumer, take such fact into account when evaluating the
creditworthiness of the consumer.
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