[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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