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Code · STATUTE-COMPILATIONS · Economic Growth, Regulatory Relief, and Consumer Protection Act · Sec. 302

Sec. 302. PROTECTING VETERANS’ CREDIT

1,412 words·~6 min read·/statute-compilations/comps-15539/sec-302

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

## SEC. 302 PROTECTING VETERANS’ CREDIT ###
(a)Purposes The purposes of this section are— ####
(1)to rectify problematic reporting of medical debt included in a consumer report of a veteran due to inappropriate or delayed payment for hospital care, medical services, or extended care services provided in a non-Department of Veterans Affairs facility under the laws administered by the Secretary of Veterans Affairs; and ####
(2)to clarify the process of debt collection for such medical debt. ###
(b)Amendments to Fair Credit Reporting Act ####
(1)Veteran’s medical debt defined Section 603 of the Fair Credit Reporting Act (15 U.S.C. 1681a) is amended by adding at the end the following: > > ### “(z) Veteran > > The term ‘veteran’ has the meaning given the term in section 101 of title 38, United States Code. > > > ### “(aa) Veteran’s Medical Debt > > The term ‘veteran’s medical debt’— > > > #### “(1) > > means a medical collection debt of a veteran owed to a non-Department of Veterans Affairs health care provider that was submitted to the Department for payment for health care authorized by the Department of Veterans Affairs; and > > > #### “(2) > > includes medical collection debt that the Department of Veterans Affairs has wrongfully charged a veteran.” > . ####
(2)Exclusion for veteran’s medical debt Section 605(a) of the Fair Credit Reporting Act (15 U.S.C. 1681c(a)) is amended by adding at the end the following: > > #### “(7) > > With respect to a consumer reporting agency described in section 603(p), any information related to a veteran’s medical debt if the date on which the hospital care, medical services, or extended care services was rendered relating to the debt antedates the report by less than 1 year if the consumer reporting agency has actual knowledge that the information is related to a veteran’s medical debt and the consumer reporting agency is in compliance with its obligation under section 302(c)(5) of the Economic Growth, Regulatory Relief, and Consumer Protection Act. > > > #### “(8) > > With respect to a consumer reporting agency described in section 603(p), any information related to a fully paid or settled veteran’s medical debt that had been characterized as delinquent, charged off, or in collection if the consumer reporting agency has actual knowledge that the information is related to a veteran’s medical debt and the consumer reporting agency is in compliance with its obligation under section 302(c)(5) of the Economic Growth, Regulatory Relief, and Consumer Protection Act.” > . ####
(3)Removal of veteran’s medical debt from consumer report Section 611 of the Fair Credit Reporting Act (15 U.S.C. 1681i) is amended— #####
(A)in subsection (a)(1)(A), by inserting “and except as provided in subsection (g)” after “subsection (f)”; and #####
(B)by adding at the end the following: > > ### “(g) Dispute Process for Veteran’s Medical Debt > > > #### “(1) In general > > With respect to a veteran’s medical debt, the veteran may submit a notice described in paragraph (2), proof of liability of the Department of Veterans Affairs for payment of that debt, or documentation that the Department of Veterans Affairs is in the process of making payment for authorized hospital care, medical services, or extended care services rendered to a consumer reporting agency or a reseller to dispute the inclusion of that debt on a consumer report of the veteran. > > > #### “(2) Notification to veteran > > The Department of Veterans Affairs shall submit to a veteran a notice that the Department of Veterans Affairs has assumed liability for part or all of a veteran’s medical debt. > > > #### “(3) Deletion of information from file > > If a consumer reporting agency receives notice, proof of liability, or documentation under paragraph (1), the consumer reporting agency shall delete all information relating to the veteran’s medical debt from the file of the veteran and notify the furnisher and the veteran of that deletion.” > . ###
(c)Verification of Veteran’s Medical Debt **[**[15 U.S.C. 1681c note](/us/usc/t15/s1681c)**]** ####
(1)Definitions For purposes of this subsection— #####
(A)the term “consumer reporting agency” means a consumer reporting agency described in section 603(p) of the Fair Credit Reporting Act (15 U.S.C. 1681a(p)); and #####
(B)the terms “veteran” and “veteran’s medical debt” have the meanings given those terms in section 603 of the Fair Credit Reporting Act (15 U.S.C. 1681a), as added by subsection (b)(1). ####
(2)Establishment Not later than 1 year after the date of enactment of this Act, the Secretary of Veterans Affairs shall establish a database to allow consumer reporting agencies to verify whether a debt furnished to a consumer reporting agency is a veteran’s medical debt. ####
(3)Database features The Secretary of Veterans Affairs shall ensure that the database established under paragraph (2), to the extent permitted by law, provides consumer reporting agencies with— #####
(A)sufficiently detailed and specific information to verify whether a debt being furnished to the consumer reporting agency is a veteran’s medical debt; #####
(B)access to verification information in a secure electronic format; #####
(C)timely access to verification information; and #####
(D)any other features that would promote the efficient, timely, and secure delivery of information that consumer reporting agencies could use to verify whether a debt is a veteran’s medical debt. ####
(4)Stakeholder input Prior to establishing the database for verification under paragraph (2), the Secretary of Veterans Affairs shall publish in the Federal Register a notice and request for comment that solicits input from consumer reporting agencies and other stakeholders. ####
(5)Verification Provided the database established under paragraph
(2)is fully functional and the data available to consumer reporting agencies, a consumer reporting agency shall use the database as a means to identify a veteran’s medical debt pursuant to paragraphs
(7)and
(8)of section 605(a) of the Fair Credit Reporting Act (15 U.S.C. 1681c(a)), as added by subsection (b)(2). ###
(d)Credit Monitoring ####
(1)In general Section 605A of the Fair Credit Reporting Act (15 U.S.C. 1681c-1), as amended by section 301(a), is amended by adding at the end the following: > > ### “(k) Credit Monitoring > > > #### “(1) Definitions > > In this subsection: > > > ##### “(A) > > The term ‘active duty military consumer’ includes a member of the National Guard. > > > ##### “(B) > > The term ‘National Guard’ has the meaning given the term in section 101(c) of title 10, United States Code. > > > #### “(2) Credit monitoring > > A consumer reporting agency described in section 603(p) shall provide a free electronic credit monitoring service that, at a minimum, notifies a consumer of material additions or modifications to the file of the consumer at the consumer reporting agency to any consumer who provides to the consumer reporting agency— > > > ##### “(A) > > appropriate proof that the consumer is an active duty military consumer; and > > > ##### “(B) > > contact information of the consumer. > > > #### “(3) Rulemaking > > Not later than 1 year after the date of enactment of this subsection, the Federal Trade Commission shall promulgate regulations regarding the requirements of this subsection, which shall at a minimum include— > > > ##### “(A) > > a definition of an electronic credit monitoring service and material additions or modifications to the file of a consumer; and > > > ##### “(B) > > what constitutes appropriate proof. > > > #### “(4) Applicability > > > ##### “(A) > > Sections 616 and 617 shall not apply to any violation of this subsection. > > > ##### “(B) > > This subsection shall be enforced exclusively under section 621 by the Federal agencies and Federal and State officials identified in that section.” > . ####
(2)Conforming amendment Section 625(b)(1) of the Fair Credit Reporting Act (15 U.S.C. 1681t(b)(1)), as amended by section 301(b), is amended by adding at the end the following: > > ##### “(K) > > subsection
(k)of section 605A, relating to credit monitoring for active duty military consumers, as defined in that subsection;” > . ###
(e)Effective Date **[**[15 U.S.C. 1681a note](/us/usc/t15/s1681a)**]** The amendments made by this section shall take effect on the date that is 1 year after the date of enactment of this Act.
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Citation graph
cites case law
Sec. 302
PROTECTING VETERANS’ CREDIT
U.S.C.§ 1681a
U.S.C.§ 1681c
U.S.C.§ 1681i
U.S.C.§ 1681c–1
U.S.C.§ 1681t
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