```

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 895 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                 S. 895

  To allow members of the Armed Forces to defer principal on Federal 
student loans for a certain period in connection with receipt of orders 
for mobilization for war or national emergency, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

               March 27 (legislative day, March 26), 2015

  Mr. Tester introduced the following bill; which was read twice and 
             referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL

 
  To allow members of the Armed Forces to defer principal on Federal 
student loans for a certain period in connection with receipt of orders 
for mobilization for war or national emergency, 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 ``Servicemember and Veteran Protection 
Act of 2015''.

SEC. 2. DEFERRAL OF STUDENTS LOANS FOR CERTAIN PERIOD IN CONNECTION 
              WITH RECEIPT OF ORDERS FOR MOBILIZATION FOR WAR OR 
              NATIONAL EMERGENCY.

    (a) Federal Family Education Loans.--Section 428(b)(1)(M) of the 
Higher Education Act of 1965 (20 U.S.C. 1078(b)(1)(M)) is amended--
            (1) in the matter preceding clause (i), by striking ``, 
        during any period'';
            (2) in clause (i), by striking ``during which'' and 
        inserting ``during any period during which'';
            (3) in clause (ii), by striking ``during which'' and 
        inserting ``during any period during which'';
            (4) in clause (iii)--
                    (A) by striking ``during which'' and inserting 
                ``during any period during which''; and
                    (B) in the matter following subclause (II), by 
                striking ``or'' after the semicolon;
            (5) by redesignating clause (iv) as clause (vi);
            (6) by inserting after clause (iii) the following:
                            ``(iv) in the case of any borrower who has 
                        received a call or order to duty described in 
                        subclause (I) or (II) of clause (iii), during 
                        the shorter of--
                                    ``(I) the period beginning on the 
                                date such call or order to duty is 
                                received by the borrower and ending on 
                                the first day of the service described 
                                in subclause (I) or (II) of clause 
                                (iii); and
                                    ``(II) the 180-day period preceding 
                                the first day of such service;
                            ``(v) notwithstanding clause (iv)--
                                    ``(I) in the case of any borrower 
                                described in such clause whose call or 
                                order to duty is cancelled before the 
                                first day of the service described in 
                                subclause (I) or (II) of clause (iii) 
                                because of a personal injury in 
                                connection with training to prepare for 
                                such service, during the period 
                                described in clause (iv) and during an 
                                additional period equal to the duration 
                                of such service, as specified by or 
                                otherwise determined in the original 
                                call or order to duty; and
                                    ``(II) in the case of any borrower 
                                whose call or order to duty is 
                                cancelled before the first day of such 
                                service for a reason other than an 
                                injury described in subclause (I), 
                                during the period beginning on the date 
                                the call or order to duty is received 
                                by the borrower and ending on the date 
                                that is 14 days after such call or 
                                order to duty is cancelled; and''; and
            (7) in clause (vi) (as redesignated by paragraph (5)), by 
        striking ``not in excess'' and inserting ``during any period 
        not in excess''.
    (b) Direct Loans.--Section 455(f)(2) of the Higher Education Act of 
1965 (20 U.S.C. 1087e(f)(2)) is amended--
            (1) in the matter preceding subparagraph (A), by striking 
        ``during any period'';
            (2) in subparagraph (A), by striking ``during which'' and 
        inserting ``during any period during which'';
            (3) in subparagraph (B), by striking ``not in excess'' and 
        inserting ``during any period not in excess'';
            (4) in subparagraph (C)--
                    (A) by striking ``during which'' and inserting 
                ``during any period during which''; and
                    (B) in the matter following clause (ii), by 
                striking ``or'' after the semicolon;
            (5) by redesignating subparagraph (D) as subparagraph (F);
            (6) by inserting after subparagraph (C) the following:
                    ``(D) in the case of any borrower who has received 
                a call or order to duty described in clause (i) or (ii) 
                of subparagraph (C), during the shorter of--
                            ``(i) the period beginning on the date such 
                        call or order to duty is received by the 
                        borrower and ending on the first day of the 
                        service described in clause (i) or (ii) of 
                        subparagraph (C); and
                            ``(ii) the 180-day period preceding the 
                        first day of such service;
                    ``(E) notwithstanding subparagraph (D)--
                            ``(i) in the case of any borrower described 
                        in such subparagraph whose call or order to 
                        duty is cancelled before the first day of the 
                        service described in clause (i) or (ii) of 
                        subparagraph (C) because of a personal injury 
                        in connection with training to prepare for such 
                        service, during the period described in 
                        subparagraph (D) and during an additional 
                        period equal to the duration of such service, 
                        as specified by or otherwise determined in the 
                        original call or order to duty; and
                            ``(ii) in the case of any borrower whose 
                        call or order to duty is cancelled before the 
                        first day of such service for a reason other 
                        than an injury described in clause (i), during 
                        the period beginning on the date the call or 
                        order to duty is received by the borrower and 
                        ending on the date that is 14 days after such 
                        call or order to duty is cancelled; and''; and
            (7) in subparagraph (F) (as redesignated by paragraph (5)), 
        by striking ``not in excess'' and inserting ``during any period 
        not in excess''.
    (c) Perkins Loans.--Section 464(c)(2)(A) of the Higher Education 
Act of 1965 (20 U.S.C. 1087dd(c)(2)(A)) is amended--
            (1) in the matter preceding clause (i), by striking 
        ``during any period'';
            (2) in clause (i), by striking ``during which'' and 
        inserting ``during any period during which'';
            (3) in clause (ii), by striking ``not in excess'' and 
        inserting ``during any period not in excess'';
            (4) in clause (iii), by striking ``during which'' and 
        inserting ``during any period during which'';
            (5) by redesignating clauses (iv) and (v) as clauses (vi) 
        and (vii), respectively;
            (6) by inserting after clause (iii) the following:
                    ``(iv) in the case of any borrower who has received 
                a call or order to duty described in subclause (I) or 
                (II) of clause (iii), during the shorter of--
                            ``(I) the period beginning on the date such 
                        call or order to duty is received by the 
                        borrower and ending on the first day of the 
                        service described in subclause (I) or (II) of 
                        clause (iii); and
                            ``(II) the 180-day period preceding the 
                        first day of such service;
                    ``(v) notwithstanding clause (iv)--
                            ``(I) in the case of any borrower described 
                        in such clause whose call or order to duty is 
                        cancelled before the first day of the service 
                        described in subclause (I) or (II) of clause 
                        (iii) because of a personal injury in 
                        connection with training to prepare for such 
                        service, during the period described in clause 
                        (iv) and during an additional period equal to 
                        the duration of such service, as specified by 
                        or otherwise determined in the original call or 
                        order to duty; and
                            ``(II) in the case of any borrower whose 
                        call or order to duty is cancelled before the 
                        first day of such service for a reason other 
                        than an injury described in subclause (I), 
                        during the period beginning on the date the 
                        call or order to duty is received by the 
                        borrower and ending on the date that is 14 days 
                        after such call or order to duty is 
                        cancelled;'';
            (7) in clause (vi) (as redesignated by paragraph (5)), by 
        striking ``not in excess'' and inserting ``during any period 
        not in excess''; and
            (8) in clause (vii) (as redesignated by paragraph (5)), by 
        striking ``during which'' and inserting ``during any period 
        during which''.
    (d) Rule of Construction.--Nothing in the amendments made by this 
section shall be construed to authorize any refunding of any repayment 
of a loan.
    (e) Applicability.--The amendments made by this section shall apply 
with respect to all loans made, insured, or guaranteed under title IV 
of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.).
    (f) Conforming Amendments.--Title IV of the Higher Education Act of 
1965 (20 U.S.C. 1070 et seq.) is further amended--
            (1) in section 428B(d)(1)(A)(ii) (20 U.S.C. 1078-
        2(d)(1)(A)(ii)), by striking ``428(b)(1)(M)(i)(I)'' and 
        inserting ``or clause (i)(I), (iv), or (v) of section 
        428(b)(1)(M)''; and
            (2) in section 493D(a) (20 U.S.C. 1098f(a)), by striking 
        ``section 428(b)(1)(M)(iii), 455(f)(2)(C), or 
        464(c)(2)(A)(iii)'' and inserting ``clause (iii) or (iv) of 
        section 428(b)(1)(M), subparagraph (C) or (D) of section 
        455(f)(2), or clause (iii) or (iv) of section 464(c)(2)(A)''.

SEC. 3. MODIFICATION OF BASIS FOR ANNUAL ADJUSTMENTS IN AMOUNTS OF 
              EDUCATIONAL ASSISTANCE FOR MEMBERS OF THE SELECTED 
              RESERVE.

    (a) In General.--Section 16131(b)(2) of title 10, United States 
Code, is amended by striking ``equal to'' and all that follows and 
inserting the following: ``not less than the percentage by which--
            ``(A) the average cost of undergraduate tuition in the 
        United States, as determined by the National Center for 
        Education Statistics, for the last academic year preceding the 
        beginning of the fiscal year for which the increase is made, 
        exceeds
            ``(B) the average cost of undergraduate tuition in the 
        United States, as so determined, for the academic year 
        preceding the academic year described in subparagraph (A).''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on October 1, 2015, and shall apply to adjustments in 
amounts of educational assistance for members of the Selected Reserve 
that are made for fiscal years beginning on or after that date.

SEC. 4. CREDIT PROTECTIONS FOR SERVICEMEMBERS.

    (a) Active Duty Freeze Alerts.--Section 605A of the Fair Credit 
Reporting Act (15 U.S.C. 1681c-1) is amended--
            (1) in the heading for such section, by striking ``and 
        active duty alerts'' and inserting ``, active duty alerts, and 
        active duty freeze alerts'';
            (2) by redesignating subsections (d) through (h) as 
        subsections (e) through (i), respectively;
            (3) by inserting after subsection (c) the following:
    ``(d) Active Duty Freeze Alerts.--Upon the direct request of an 
active duty military consumer, or an individual acting on behalf of or 
as a personal representative of an active duty military consumer, a 
consumer reporting agency described in section 603(p) that maintains a 
file on the active duty military consumer and has received appropriate 
proof of the identity of the requester shall--
            ``(1) include an active duty freeze alert in the file of 
        that active duty military consumer, and also provide that alert 
        along with any credit score generated in using that file, 
        during a period of not less than 12 months, or such longer 
        period as the Bureau shall determine, by regulation, beginning 
        on the date of the request, unless the active duty military 
        consumer or such representative requests that such freeze alert 
        be removed before the end of such period, and the agency has 
        received appropriate proof of the identity of the requester for 
        such purpose;
            ``(2) during the 2-year period beginning on the date of 
        such request, exclude the active duty military consumer from 
        any list of consumers prepared by the consumer reporting agency 
        and provided to any third party to offer credit or insurance to 
        the consumer as part of a transaction that was not initiated by 
        the consumer, unless the consumer requests that such exclusion 
        be rescinded before the end of such period; and
            ``(3) refer the information regarding the active duty 
        freeze alert to each of the other consumer reporting agencies 
        described in section 603(p), in accordance with procedures 
        developed under section 621(f).'';
            (4) in subsection (e), as so redesignated--
                    (A) by striking ``extended, and active duty 
                alerts'' and inserting ``extended, active duty, and 
                active duty freeze alerts''; and
                    (B) by striking ``extended, or active duty alerts'' 
                and inserting ``extended, active duty, or active duty 
                freeze alerts'';
            (5) in subsection (f), as so redesignated--
                    (A) in the matter preceding paragraph (1), by 
                striking ``or active duty alert'' and inserting 
                ``active duty alert, or active duty freeze alert'';
                    (B) in paragraph (2), by striking ``; and'' and 
                inserting a semicolon;
                    (C) in paragraph (3), by striking the period and 
                inserting ``; and''; and
                    (D) by adding at the end the following:
            ``(4) paragraphs (1) and (2) of subsection (d), in the case 
        of a referral under subsection (d)(3).'';
            (6) in subsection (g), as so redesignated, by striking ``or 
        active duty alert'' and inserting ``active duty alert, or 
        active duty freeze alert''; and
            (7) in subsection (i), as so redesignated, by adding at the 
        end the following:
            ``(3) Requirements for active duty freeze alerts.--
                    ``(A) Notification.--Each active duty freeze alert 
                under this section shall include information that 
                notifies all prospective users of a consumer report on 
                the consumer to which the freeze alert relates that the 
                consumer does not authorize the establishment of any 
                new credit plan or extension of credit, including any 
                credit under an open-end credit plan (as defined in 
                section 103(i)), in the name of the consumer, or 
                issuance of an additional card on an existing credit 
                account requested by a consumer, or any increase in 
                credit limit on an existing credit account requested by 
                a consumer.
                    ``(B) Prohibition on users.--No prospective user of 
                a consumer report that includes an active duty freeze 
                alert in accordance with this section may establish a 
                new credit plan or extension of credit, including any 
                credit under an open-end credit plan (as defined in 
                section 103(i)), in the name of the consumer, or issue 
                an additional card on an existing credit account 
                requested by a consumer, or grant any increase in 
                credit limit on an existing credit account requested by 
                a consumer.''.
    (b) Rulemaking.--The Bureau of Consumer Financial Protection shall 
prescribe regulations to define what constitutes appropriate proof of 
identity for purposes of section 605A(d) of the Fair Credit Reporting 
Act, as amended by this Act.
    (c) Technical Amendment.--Section 603(q)(2) of the Fair Credit 
Reporting Act (15 U.S.C. 1681a(q)(2)) is amended--
            (1) in the heading for such paragraph, by striking ``active 
        duty alert'' and inserting ``active duty alert; active duty 
        freeze alert''; and
            (2) by inserting ``and `active duty freeze alert''' before 
        ``mean''.

SEC. 5. REPORT ON EFFECT ON PRIVACY OF VETERANS BY USE OF SOCIAL 
              SECURITY NUMBERS TO UNIQUELY IDENTIFY VETERANS.

    (a) In General.--Not later than 120 days after the date of the 
enactment of this Act, the Secretary of Veterans Affairs shall submit 
to the Committee on Veterans' Affairs of the Senate and the Committee 
on Veterans' Affairs of the House of Representatives a report on the 
effect on the privacy of veterans of the use of social security numbers 
to uniquely identify veterans.
    (b) Contents.--The report required by subsection (a) shall include 
the following:
            (1) A description of such actions as the Secretary may have 
        taken to transition the Department of Veterans Affairs from the 
        use of social security numbers to uniquely identify veterans to 
        the use of alternative and safer unique identifiers.
            (2) A description of such actions as the Secretary may have 
        taken to integrate the use by the Department of Veterans 
        Affairs of such alternative and safer unique identifiers with 
        the usage of unique identifiers by the Department of Defense.
            (3) In a case in which the Secretary has not taken any 
        actions described in paragraph (1) or (2), an explanation as to 
        why such actions have not been taken and a description of the 
        actions the Secretary will take to protect the privacy of 
        veterans.
                                 <all>
```