S.Amdt. 4211

SA 4211. Mr. TESTER submitted an amendment intended to be proposed by
him to the bill S. 2943, to authorize appropriations for fiscal year
2017 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle F of title VI, add the following:

SEC. 673. 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, at no cost to the active duty
military consumer while the consumer is deployed, shall--
``(1) include an active duty freeze alert in the file of
that active duty military consumer 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that such exclusion be rescinded before the end of such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 subsection (a).
(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''.
(d) Effective Date.--This Act, and any amendment made by
this Act, shall take effect 1 year after the date of
enactment of this Act.
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