[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5003 Referred in Senate (RFS)]
<DOC>
116th CONGRESS
2d Session
H. R. 5003
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 3, 2020
Received; read twice and referred to the Committee on Banking,
Housing, and Urban Affairs
_______________________________________________________________________
AN ACT
To amend the Fair Debt Collection Practices Act to provide enhanced
protection against debt collector harassment of members of the Armed
Forces, 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 ``Fair Debt Collection Practices for
Servicemembers Act''.
SEC. 2. ENHANCED PROTECTION AGAINST DEBT COLLECTOR HARASSMENT OF
SERVICEMEMBERS.
(a) Communication in Connection With Debt Collection.--Section 805
of the Fair Debt Collection Practices Act (15 U.S.C. 1692c) is amended
by adding at the end the following:
``(e) Communications Concerning Servicemember Debts.--
``(1) Definition.--In this subsection, the term `covered
member' means--
``(A) a covered member or a dependent as defined in
section 987(i) of title 10, United States Code; and
``(B)(i) an individual who was separated,
discharged, or released from duty described in such
section 987(i)(1), but only during the 365-day period
beginning on the date of separation, discharge, or
release; or
``(ii) a person, with respect to an individual
described in clause (i), described in subparagraph (A),
(D), (E), or (I) of section 1072(2) of title 10, United
States Code.
``(2) Prohibitions.--A debt collector may not, in
connection with the collection of any debt of a covered
member--
``(A) threaten to have the covered member reduced
in rank;
``(B) threaten to have the covered member's
security clearance revoked; or
``(C) threaten to have the covered member
prosecuted under chapter 47 of title 10, United States
Code (the Uniform Code of Military Justice).''.
(b) Unfair Practices.--Section 808 of the Fair Debt Collection
Practices Act (15 U.S.C. 1692f) is amended by adding at the end the
following:
``(9) The representation to any covered member (as defined
under section 805(e)(1)) that failure to cooperate with a debt
collector will result in--
``(A) a reduction in rank of the covered member;
``(B) a revocation of the covered member's security
clearance; or
``(C) prosecution under chapter 47 of title 10,
United States Code (the Uniform Code of Military
Justice).''.
SEC. 3. GAO STUDY.
The Comptroller General of the United States shall conduct a study
and submit a report to Congress on the impact of this Act on--
(1) the timely delivery of information to a covered member
(as defined in section 805(e) of the Fair Debt Collection
Practices Act, as added by this Act);
(2) military readiness; and
(3) national security, including the extent to which
covered members with security clearances would be impacted by
uncollected debt.
SEC. 4. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the House Budget Committee,
provided that such statement has been submitted prior to the vote on
passage.
Passed the House of Representatives March 2, 2020.
Attest:
CHERYL L. JOHNSON,
Clerk.