I 
117TH CONGRESS 
1ST SESSION H. R. 3439 
To amend the Fair Credit Reporting Act to provide protections for extended 
active duty uniformed consumers, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 20, 2021 
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 protec-
tions for extended active duty uniformed consumers, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Fair Credit Reporting 
for Servicemembers Act’’. 
SEC. 2. PROTECTIONS FOR ACTIVE DUTY UNIFORMED CON-
SUMER. 
(a) DEFINITIONS.—Section 603 of the Fair Credit 
Reporting Act (15 U.S.C. 1681a) is amended— 
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(1) in subsection (q), by amending paragraph 
(1) to read as follows: 
‘‘(1) ACTIVE DUTY UNIFORMED CONSUMER.— 
The term ‘active duty uniformed consumer’ means a 
consumer who is— 
‘‘(A) in military service and on active serv-
ice (as defined in section 101(d) of title 10, 
United States Code); or 
‘‘(B) a member of the uniformed services 
(as defined in section 101(a) of title 10, United 
States Code) who is not a member of the armed 
forces and is on active service.’’; and 
(2) by adding at the end the following: 
‘‘(bb) EXTENDED ACTIVE DUTY UNIFORMED CON-
SUMER.—The term ‘extended active duty uniformed con-
sumer’ means an active duty uniformed consumer that is 
deployed— 
‘‘(1) in a combat zone (as defined under section 
112(c) of the Internal Revenue Code of 1986); or 
‘‘(2) aboard a United States vessel.’’. 
(b) PROHIBITION ON INCLUDING CERTAIN ADVERSE 
INFORMATION IN CONSUMER REPORTS.—Section 605 of 
the Fair Credit Reporting Act (15 U.S.C. 1681c) is 
amended— 
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(1) in subsection (a), by adding at the end the 
following: 
‘‘(9) Any item of adverse information about a 
consumer, if the action or inaction that gave rise to 
the item occurred while the consumer was an ex-
tended active duty uniformed consumer.’’; and 
(2) by adding at the end the following: 
‘‘(i) NOTICE OF STATUS AS AN EXTENDED ACTIVE 
DUTY UNIFORMED CONSUMER.—With respect to an item 
of adverse information about a consumer, if the action or 
inaction that gave rise to the item occurred while the con-
sumer was an extended active duty uniformed consumer, 
the consumer may provide appropriate proof, including of-
ficial orders, to a consumer reporting agency that the con-
sumer was an extended active duty uniformed consumer 
at the time such action or inaction occurred. The con-
sumer reporting agency shall promptly delete that item of 
adverse information from the file of the consumer and no-
tify the consumer and the furnisher of the information of 
the deletion.’’. 
(c) COMMUNICATIONS BETWEEN
THE CONSUMER 
AND CONSUMER REPORTING AGENCIES.—Section 605A 
of the Fair Credit Reporting Act (15 U.S.C. 1681c–1) is 
amended— 
(1) in subsection (c)— 
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(A) by striking ‘‘Upon’’ and inserting the 
following: 
‘‘(1) IN GENERAL.—Upon’’; 
(B) by redesignating paragraphs (1), (2), 
and (3) as subparagraphs (A), (B), and (C), 
and moving such redesignated subparagraphs 2 
ems to the right; and 
(C) by adding at the end the following: 
‘‘(2) NEGATIVE
INFORMATION
ALERT.—Any 
time a consumer reporting agency receives an item 
of adverse information about a consumer, if the con-
sumer has provided appropriate proof that the con-
sumer is an extended active duty uniformed con-
sumer, the consumer reporting agency shall prompt-
ly notify the consumer— 
‘‘(A) that the agency has received such 
item of adverse information, along with a de-
scription of the item; and 
‘‘(B) the method by which the consumer 
can dispute the validity of the item. 
‘‘(3) CONTACT INFORMATION FOR EXTENDED 
ACTIVE
DUTY
UNIFORMED
CONSUMERS.—With re-
spect to any consumer that has provided appropriate 
proof to a consumer reporting agency that the con-
sumer is an extended active duty uniformed con-
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sumer, if the consumer provides the consumer re-
porting agency with separate contact information to 
be used when communicating with the consumer 
while the consumer is an extended active duty uni-
formed consumer, the consumer reporting agency 
shall use such contact information for all commu-
nications while the consumer is an extended active 
duty uniformed consumer.’’; and 
(2) in subsection (e), by amending paragraph 
(3) to read as follows: 
‘‘(3) subparagraphs (A) and (B) of subsection 
(c)(1), in the case of a referral under subsection 
(c)(1)(C).’’. 
(d) CONFORMING AMENDMENT.—The Fair Credit 
Reporting Act (15 U.S.C. 1681 et seq.) is amended by 
striking ‘‘active duty military’’ each place such term ap-
pears and inserting ‘‘active duty uniformed’’. 
(e) SENSE OF CONGRESS.—It is the sense of Con-
gress that any person making use of a consumer report 
containing an item of adverse information should, if the 
action or inaction that gave rise to the item occurred while 
the consumer was an extended active duty uniformed con-
sumer, take such fact into account when evaluating the 
creditworthiness of the consumer. 
Æ 
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