I 

115TH CONGRESS 

1ST SESSION H. R. 4313 

To amend the Fair Credit Reporting Act to provide protections for active 

duty military consumers, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 8, 2017 

Ms. SA ́NCHEZ 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 active duty military consumers, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Fair Credit Reporting 

5 for Servicemembers Act’’. 

6 SEC. 2. NOTICE OF STATUS AS AN ACTIVE DUTY MILITARY 

7 CONSUMER. 

8 The Fair Credit Reporting Act (15 U.S.C. 1681 et 

9 seq.) is amended— 


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1 (1) in section 603(q)(1)(B), by inserting before 

2 the period the following: ‘‘for a period of not less 

3 than 90 days’’; 

4 (2) in section 605, by adding at the end the fol5 lowing: 

6 ‘‘(i) NOTICE OF STATUS AS AN ACTIVE DUTY MILI7 TARY CONSUMER.—With respect to an item of adverse in8 formation about a consumer, if the action or inaction that 

9 gave rise to the item occurred while the consumer was an 

10 active duty military consumer, the consumer may provide 

11 appropriate proof, including official orders, to a consumer 

12 reporting agency that the consumer was an active duty 

13 military consumer at the time such action or inaction oc14 curred, and any consumer report provided by the con15 sumer reporting agency that includes such item of infor16 mation shall clearly and conspicuously disclose that the 

17 consumer was an active duty military consumer when the 

18 action or inaction that gave rise to the item occurred.’’; 

19 (3) in section 605A— 

20 (A) in subsection (c)— 

21 (i) by striking ‘‘Upon’’ and inserting 

22 the following: 

23 ‘‘(1) IN GENERAL.—Upon’’; 

24 (ii) by redesignating paragraphs (1), 

25 (2), and (3) as subparagraphs (A), (B), 


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1 and (C), and moving such redesignated 

2 subparagraphs 2 ems to the right; and 

3 (iii) by adding at the end the fol4 lowing: 

5 ‘‘(2) NEGATIVE INFORMATION ALERT.—Any 

6 time a consumer reporting agency receives an item 

7 of adverse information about a consumer, if the con8 sumer has provided appropriate proof that the con9 sumer is an active duty military consumer, the con10 sumer reporting agency shall promptly notify the 

11 consumer— 

12 ‘‘(A) that the agency has received such 

13 item of adverse information, along with a de14 scription of the item; and 

15 ‘‘(B) the method by which the consumer 

16 can dispute the validity of the item. 

17 ‘‘(3) CONTACT INFORMATION FOR ACTIVE DUTY

18 MILITARY CONSUMERS.—With respect to any con19 sumer that has provided appropriate proof to a con20 sumer reporting agency that the consumer is an ac21 tive duty military consumer, if the consumer pro22 vides the consumer reporting agency with separate 

23 contact information to be used when communicating 

24 with the consumer while the consumer is an active 

25 duty military consumer, the consumer reporting 


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1 agency shall use such contact information for all 

2 communications while the consumer is an active 

3 duty military consumer. 

4 ‘‘(4) SENSE OF CONGRESS.—It is the sense of 

5 Congress that any person making use of a consumer 

6 report containing an item of adverse information 

7 should, if the action or inaction that gave rise to the 

8 item occurred while the consumer was an active duty 

9 military consumer, take such fact into account when 

10 evaluating the creditworthiness of the consumer.’’; 

11 and 

12 (B) in subsection (e), by amending para13 graph (3) to read as follows: 

14 ‘‘(3) subparagraphs (A) and (B) of subsection 

15 (c)(1), in the case of a referral under subsection 

16 (c)(1)(C).’’; and 

17 (4) in section 611(a)(1), by adding at the end 

18 the following: 

19 ‘‘(D) NOTICE OF DISPUTE RELATED TO

20 ACTIVE DUTY MILITARY CONSUMERS.—With re21 spect to any item of information described 

22 under subparagraph (A) that is under dispute, 

23 if the consumer has notified the consumer re24 porting agency, and provided appropriate proof, 

25 that the consumer was an active duty military 


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1 consumer at the time the action or inaction that 

2 gave rise to the disputed item occurred, the 

3 consumer reporting agency shall include such 

4 fact in the consumer’s file and shall indicate 

5 that fact in each consumer report that includes 

6 the disputed item.’’. 

Æ 


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