[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5048 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5048

To amend the Servicemembers Civil Relief Act to enhance the protection 
  of credit ratings of servicemembers serving on active duty, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 15, 2010

 Mr. Brady of Pennsylvania (for himself, Mr. Bartlett, and Mr. Spratt) 
 introduced the following bill; which was referred to the Committee on 
                           Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
To amend the Servicemembers Civil Relief Act to enhance the protection 
  of credit ratings of servicemembers serving on active duty, 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 ``National Heroes Credit Protection 
Act''.

SEC. 2. PROTECTION OF CREDIT RATINGS OF SERVICEMEMBERS SERVING ON 
              ACTIVE DUTY.

    (a) In General.--Title II of the Servicemembers Civil Relief Act 
(50 U.S.C. App. 521 et seq.) is amended by adding at the end the 
following new section:

``SEC. 208. PROTECTION OF CREDIT RATINGS OF SERVICEMEMBERS SERVING ON 
              ACTIVE DUTY.

    ``(a) Request for Military Service Deployment Alert.--After serving 
on active duty for a period of more than 180 days, a servicemember may 
submit a request directly to a consumer reporting agency that it 
include a military service deployment alert in the file of that 
servicemember at the consumer reporting agency.
    ``(b) Responsibilities of Consumer Reporting Agencies.--Upon 
receiving a request from a servicemember under subsection (a), a 
consumer reporting agency shall perform the following:
            ``(1) Include a military service deployment alert in the 
        file of that servicemember and provide the military service 
        deployment alert to each person who requests the credit score 
        or consumer report of the servicemember until the date that is 
        the earlier of--
                    ``(A) the date that is seven years after the date 
                on which the servicemember requests the military 
                service deployment alert; or
                    ``(B) the date on which--
                            ``(i) the servicemember submits directly to 
                        the consumer reporting agency a request stating 
                        that such military service deployment alert be 
                        removed from such file; and
                            ``(ii) the agency receives proof of the 
                        identity of the servicemember making such 
                        request.
            ``(2) Develop and maintain procedures for the referral to 
        other such agencies of any military service deployment alert 
        received by the agency.
    ``(c) Duty of Reseller To Reconvey Military Service Deployment 
Alert.--A reseller shall include in any consumer report of the reseller 
on a servicemember any military service deployment alert placed in the 
file of that servicemember by another consumer reporting agency 
pursuant to this section.
    ``(d) Acknowledgment of Military Service Deployment Alert.--Any 
prospective user of a consumer credit report containing a military 
service deployment alert shall acknowledge to the servicemember the 
receipt of such military service deployment alert.
    ``(e) Definitions.--For the purposes of this section:
            ``(1) The term `active duty' has the meaning given that 
        term under section 101(d)(1) of title 10, United States Code.
            ``(2) The term `consumer reporting agency' has the meaning 
        given the term `consumer reporting agency that compiles and 
        maintains files on consumers on a nationwide basis' under 
        section 603(p) of the Fair Credit Reporting Act (15 U.S.C. 
        1681a(p)).
            ``(3) The term `military service deployment alert' means a 
        code generated by a consumer reporting agency that is delivered 
        in conjunction with a consumer report or credit score to a user 
        of the consumer report or credit score to indicate that the 
        consumer report or credit score of the consumer may have been 
        adversely affected during a period in which the consumer was a 
        servicemember serving on active duty.
            ``(4) The term `reseller' has the meaning given that term 
        under section 603(u) of the Fair Credit Reporting Act (15 
        U.S.C. 1681a(u)).''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
such Act is amended by inserting after the item relating to section 207 
the following new item:

``Sec. 208. Protection of credit ratings of servicemembers serving on 
                            active duty.''.
    (c) Military Service Deployment Alert Not To Affect Certain Future 
Transactions.--Section 108 of such Act (50 U.S.C. App. 518) is amended 
in the matter preceding paragraph (1) by inserting after ``liability of 
that servicemember'' the following: ``, or the inclusion of a military 
service deployment alert in a file of the servicemember at a consumer 
reporting agency pursuant to section 208,''.
    (d) Effective Date.--The amendments made by this section shall take 
effect on the date that is 180 days after the date of the enactment of 
this Act.
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