[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2456 Introduced in Senate (IS)]

113th CONGRESS
  2d Session
                                S. 2456

   To amend the Fair Credit Reporting Act to provide protections for 
        active duty military consumers, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 10, 2014

 Mr. Menendez (for himself, Mr. Brown, and Mr. Booker) introduced the 
 following bill; which was read twice and referred to the Committee on 
                  Banking, Housing, and Urban Affairs

_______________________________________________________________________

                                 A BILL


 
   To amend the Fair Credit Reporting Act to provide protections for 
        active duty military 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. NOTICE OF STATUS AS AN ACTIVE DUTY MILITARY CONSUMER.

    The Fair Credit Reporting Act (15 U.S.C. 1681 et seq.) is amended--
            (1) in section 605, by adding at the end the following:
    ``(i) Notice of Status as an Active Duty Military Consumer.--With 
respect to an adverse item of information about a consumer, if the 
action or inaction that gave rise to the item occurred while the 
consumer was an active duty military consumer, the consumer may provide 
appropriate proof, including official orders, to a consumer reporting 
agency that the consumer was an active duty military consumer at the 
time such action or inaction occurred, and any consumer report provided 
by the consumer reporting agency that includes the item shall clearly 
and conspicuously disclose that the consumer was an active duty 
military consumer when the action or inaction that gave rise to the 
item occurred.''; and
            (2) in section 605A(c)--
                    (A) by redesignating paragraphs (1), (2), and (3) 
                as subparagraphs (A), (B), and (C), respectively, and 
                moving such redesignated subparagraphs 2 ems to the 
                right;
                    (B) in the matter preceding subparagraph (A), as so 
                redesignated, by striking ``Upon'' and inserting the 
                following:
            ``(1) In general.--Upon'';
                    (C) by adding at the end the following:
            ``(2) Negative information alert.--If a consumer reporting 
        agency receives an adverse item of information about a consumer 
        who has provided appropriate proof that the consumer is an 
        active duty military consumer, the consumer reporting agency 
        shall promptly notify the consumer--
                    ``(A) that the consumer reporting agency has 
                received the adverse item of information, along with a 
                description of the item; and
                    ``(B) the method by which the consumer may dispute 
                the validity of the item.
            ``(3) Contact information for active duty military 
        consumers.--If a consumer who has provided appropriate proof to 
        a consumer reporting agency that the consumer is an active duty 
        military consumer provides the consumer reporting agency with 
        contact information for the purpose of communicating with the 
        consumer while the consumer is an active military consumer, the 
        consumer reporting agency shall use such contact information 
        for all communications while the consumer is an active military 
        consumer.
            ``(4) Sense of congress.--It is the sense of Congress that 
        any person making use of a consumer report that contains an 
        adverse item of information should, if the action or inaction 
        that gave rise to the item occurred while the consumer was an 
        active duty military consumer, take such fact into account when 
        evaluating the creditworthiness of the consumer.''; and
                    (D) in section 611(a)(1), by adding at the end the 
                following:
                    ``(D) Notice of dispute related to active duty 
                military consumers.--With respect to an item of 
                information described under subparagraph (A) that is 
                under dispute, if the consumer to whom the item relates 
                has notified the consumer reporting agency, and has 
                provided appropriate proof, that the consumer was an 
                active duty military consumer at the time the action or 
                inaction that gave rise to the disputed item occurred, 
                the consumer reporting agency shall--
                            ``(i) include such fact in the file of the 
                        consumer; and
                            ``(ii) indicate such fact in each consumer 
                        report that includes the disputed item.''.
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