I 111th CONGRESS 2d Session H. R. 5048 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.

1.

Short title

This Act may be cited as the National Heroes Credit Protection Act.

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:

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.