[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2396 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 2396

  To provide enhanced protection against debt collector harassment of 
                      members of the Armed Forces.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 19, 2023

    Mr. Warnock (for himself, Mr. Brown, Mr. Budd, and Mr. Cornyn) 
introduced the following bill; which was read twice and referred to the 
            Committee on Banking, Housing, and Urban Affairs

_______________________________________________________________________

                                 A BILL


 
  To provide enhanced protection against debt collector harassment of 
                      members of the Armed Forces.

    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;
                    ``(B) 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
                    ``(C) a person, with respect to an individual 
                described in subparagraph (B), 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.
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