[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1430 Introduced in Senate (IS)]
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117th CONGRESS
1st Session
S. 1430
To amend the Small Business Act to prevent predatory debt collectors
from receiving paycheck protection program loans, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 28, 2021
Mr. Heinrich (for himself, Mr. Wyden, and Mr. Lujan) introduced the
following bill; which was read twice and referred to the Committee on
Small Business and Entrepreneurship
_______________________________________________________________________
A BILL
To amend the Small Business Act to prevent predatory debt collectors
from receiving paycheck protection program loans, 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 ``Ceasing Undeserved Relief Benefits
for Debt Collectors Act for 2021'' or the ``CURB Debt Collectors Act''.
SEC. 2. DEBT COLLECTORS INELIGIBLE FOR PAYCHECK PROTECTION PROGRAM
LOANS.
(a) In General.--Section 7(a) of the Small Business Act (15 U.S.C.
636(a)) is amended--
(1) in paragraph (36), by adding at the end the following:
``(W) Debt collectors ineligible.--An individual or
entity shall be ineligible to receive a covered loan
if--
``(i) the individual or entity is a debt
collector, as defined in section 803 of the
Fair Debt Collection Practices Act (15 U.S.C.
1692a);
``(ii) the individual or entity has been
found to have violated of any provision of the
Fair Debt Collection Practices Act (15 U.S.C.
1692 et seq.) pursuant to--
``(I) an adjudication by a Federal
agency or an action brought in a court
of competent jurisdiction if the
adjudication or action constitutes an
exercise of enforcement authority under
section 814 of such Act (15 U.S.C.
1692l); or
``(II) any other action brought in
a court of competent jurisdiction;
``(iii) the adjudication or action
described in clause (ii) was not resolved by a
settlement agreement or consent decree that
remains in effect as of the date on which the
individual or entity applies for the covered
loan if the adjudication or action was brought
by a Federal agency; and
``(iv) a final order or final judgment
against the individual or entity pursuant to an
adjudication or action described in clause
(ii), as appropriate--
``(I) is issued or entered, as
appropriate, during the 10-year period
ending on the date on which the
individual or entity applies for the
covered loan;
``(II) has not been overturned; and
``(III) is no longer subject to
appeal.''; and
(2) in paragraph (37)(A)(iv)(III)--
(A) in item (dd), by striking ``or'' at the end;
(B) in item (ee), by striking ``; and'' and
inserting ``; or'' ; and
(C) by adding at the end the following:
``(ff) an individual or
entity that, under subparagraph
(W) of paragraph (36), is
ineligible for a covered loan
under such paragraph; and''.
(b) Applicability.--The amendments made by subsection (a) shall not
apply with respect to any loan made prior to date of enactment of this
Act.
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