H.Amdt. 761House116th Congress (2019-2021)

An amendment numbered 9 printed in Part B of House Report 116-383 to allow for extended active duty uniformed consumers, including members of the National Guard, to dispute an adverse action or inaction on their credit report that occurred while they were in a combat zone or aboard a U.S. vessel. Also, if a credit reporting agency has knowledge that the consumer was an extended active duty uniformed consumer at the time such action or inaction occurred, the credit reporting agency would have to promptly notify the consumer and inform them how to dispute the adverse information, and includes a budgetary offset.

What it does: 10 changes: inserts text, replaces text in 7 places, strikes text, adds a section
Submitted January 29, 2020

What it changes

10 changes to H.R. 3621

Inserts textReplaces text in 7 placesStrikes textAdds a section

We couldn't match these changes to the text of H.R. 3621, so they're shown as written.

  1. Change 1: Inserts “(increased by $1,000,000)” before the period at the end

    InsertsPage 44, line 18Printed page

    Inserted: (increased by $1,000,000)

    Original wording

    Page 44, line 18, before the period insert “(increased by $1,000,000)”.

  2. Change 2: Replaces “military” with “uniformed”

    ReplacesPage 182, line 8Printed page

    [struck: military][inserted: uniformed]

    Original wording

    Page 182, line 8, strike “military” and insert “uniformed”.

  3. Change 3: Replaces “military” with “uniformed”

    ReplacesPage 182, line 10Printed page

    [struck: military][inserted: uniformed]

    Original wording

    Page 182, line 10, strike “military” and insert “uniformed”.

  4. Change 4: Replaces “military” with “uniformed”

    ReplacesPage 182, line 11Printed page

    [struck: military][inserted: uniformed]

    Original wording

    Page 182, line 11, strike “military” and insert “uniformed”.

  5. Change 5: Replaces “military” with “uniformed”

    ReplacesPage 182, line 14Printed page

    [struck: military][inserted: uniformed]

    Original wording

    Page 182, line 14, strike “military” and insert “uniformed”.

  6. Change 6: Strikes “military”

    StrikesPage 182, line 16Printed page

    Struck: military

    Original wording

    Page 182, beginning on line 16, strike “military”.

  7. Change 7: Replaces “military” with “uniformed”

    ReplacesPage 182, line 19Printed page

    [struck: military][inserted: uniformed]

    Original wording

    Page 182, line 19, strike “military” and insert “uniformed”.

  8. Change 8: Replaces “military” with “uniformed”

    ReplacesPage 182, line 21Printed page

    [struck: military][inserted: uniformed]

    Original wording

    Page 182, line 21, strike “military” and insert “uniformed”.

  9. Change 9: Replaces “military” with “uniformed”

    ReplacesPage 192, line 7Printed page

    [struck: military][inserted: uniformed]

    Original wording

    Page 192, line 7, strike “military” and insert “uniformed”.

  10. Change 10: Adds SEC. 904. PROTECTIONS FOR ACTIVE DUTY UNIFORMED CONSUMER at the end of title IX

    Adds a section

    Inserted: SEC. 904. PROTECTIONS FOR ACTIVE DUTY UNIFORMED CONSUMER.

    Inserted: (a) Definitions.--Section 603 of the Fair Credit Reporting Act (15 U.S.C. 1681a) is amended--

    Inserted: (1) in subsection (q), by amending paragraph (1) to read as follows:

    Inserted: "(1) Active duty uniformed consumer.--The term 'active duty uniformed consumer' means a consumer who is--

    Inserted: "(A) in military service and on active service (as defined in section 101(d) of title 10, United States Code); or

    Inserted: "(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

    Inserted: (2) by inserting after subsection (dd) (as added by section 901) the following:

    Inserted: "(ee) Extended Active Duty Uniformed Consumer.--The term 'extended active duty uniformed consumer' means an active duty uniformed consumer that is deployed--

    Inserted: "(1) in a combat zone (as defined under section 112(c) of the Internal Revenue Code of 1986); or

    Inserted: "(2) aboard a United States vessel.".

    Inserted: (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--

    Inserted: (1) in subsection (a), as amended by section 809, by adding at the end the following:

    Show 13 more inserted paragraphs

    Inserted: "(18) 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 extended active duty uniformed consumer."; and

    Inserted: (2) by inserting after subsection (h) (as added by section 705) the following:

    Inserted: "(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 consumer was an extended active duty uniformed consumer, the consumer may provide appropriate proof, including official orders, to a consumer reporting agency that the consumer was an extended active duty uniformed consumer at the time such action or inaction occurred. The consumer reporting agency shall promptly delete that item of adverse information from the file of the consumer and notify the consumer and the furnisher of the information of the deletion.".

    Inserted: (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--

    Inserted: (1) in subsection (c), as amended by section 803, by adding at the end the following:

    Inserted: "(2) Negative information alert.--Any time a consumer reporting agency receives an item of adverse information about a consumer, if the consumer has provided appropriate proof that the consumer is an extended active duty uniformed consumer, the consumer reporting agency shall promptly notify the consumer--

    Inserted: "(A) that the agency has received such item of adverse information, along with a description of the item; and

    Inserted: "(B) the method by which the consumer can dispute the validity of the item.

    Inserted: "(3) Contact information for extended active duty uniformed consumers.--With respect to any consumer that has provided appropriate proof to a consumer reporting agency that the consumer is an extended active duty uniformed consumer, if the consumer provides the consumer reporting agency with separate contact information to be used when communicating with the consumer while the consumer is an extended active duty uniformed consumer, the consumer reporting agency shall use such contact information for all communications while the consumer is an extended active duty uniformed consumer."; and

    Inserted: (2) in subsection (e), by amending paragraph (3) to read as follows:

    Inserted: "(3) subparagraphs (A) and (B) of subsection (c)(1), in the case of a referral under subsection (c)(1)(C).".

    Inserted: (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 appears and inserting "active duty uniformed".

    Inserted: (e) Sense of Congress.--It is the sense of Congress 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 consumer, take such fact into account when evaluating the creditworthiness of the consumer.

    Original wording

    In title IX, add at the end the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

Page 44, line 18, before the period insert “(increased by $1,000,000)”.

Page 182, line 8, strike “military” and insert “uniformed”.

Page 182, line 10, strike “military” and insert “uniformed”.

Page 182, line 11, strike “military” and insert “uniformed”.

Page 182, line 14, strike “military” and insert “uniformed”.

Page 182, beginning on line 16, strike “military”.

Page 182, line 19, strike “military” and insert “uniformed”.

Page 182, line 21, strike “military” and insert “uniformed”.

Page 192, line 7, strike “military” and insert “uniformed”.

In title IX, add at the end the following:

SEC. 904. PROTECTIONS FOR ACTIVE DUTY UNIFORMED CONSUMER.

(a) Definitions.--Section 603 of the Fair Credit Reporting Act (15 U.S.C. 1681a) is amended--

(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 service (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 inserting after subsection (dd) (as added by section 901) the following:

“(ee) Extended Active Duty Uniformed Consumer.--The term ‘extended active duty uniformed consumer' 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--

(1) in subsection (a), as amended by section 809, by adding at the end the following:

“(18) 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 extended active duty uniformed consumer.”; and

(2) by inserting after subsection (h) (as added by section 705) 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 consumer was an extended active duty uniformed consumer, the consumer may provide appropriate proof, including official orders, to a consumer reporting agency that the consumer was an extended active duty uniformed consumer at the time such action or inaction occurred. The consumer reporting agency shall promptly delete that item of adverse information from the file of the consumer and notify 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), as amended by section 803, 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 consumer has provided appropriate proof that the consumer is an extended active duty uniformed consumer, the consumer reporting agency shall promptly notify the consumer--

“(A) that the agency has received such item of adverse information, along with a description 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 respect to any consumer that has provided appropriate proof to a consumer reporting agency that the consumer is an extended active duty uniformed consumer, if the consumer provides the consumer reporting agency with separate contact information to be used when communicating with the consumer while the consumer is an extended active duty uniformed consumer, the consumer reporting agency shall use such contact information for all communications 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 appears and inserting “active duty uniformed”.

(e) Sense of Congress.--It is the sense of Congress 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 consumer, take such fact into account when evaluating the creditworthiness of the consumer.

Legislative Activity

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5 earlier actions
Floor Latest Action

House amendment offered

January 29, 2020

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Floor

House amendment offered

January 29, 2020

Not Used

Amendment agreed to Committee of the Whole

January 29, 2020 • 3:34 PM

Floor

House amendment agreed to: On agreeing to the Sanchez amendment (A009) Agreed to by voice vote.

January 29, 2020 • 3:34 PM

Not Used

House amendment offered/reported by: Amendment (A009) offered by Ms. Sanchez.

January 29, 2020 • 3:26 PM

Floor

Amendment (A009) offered by Ms. Sanchez. (consideration: CR H689-691; text: CR H689-690)

January 29, 2020 • 3:26 PM

Floor

On agreeing to the Sanchez amendment (A009) Agreed to by voice vote.

January 29, 2020 • 3:34 PM