IIB 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Fair Debt Collection 

3 Practices for Servicemembers Act’’. 

4 SEC. 2. ENHANCED PROTECTION AGAINST DEBT COL5 LECTOR HARASSMENT OF 

6 SERVICEMEMBERS. 

7 (a) COMMUNICATION IN CONNECTION WITH DEBT

8 COLLECTION.—Section 805 of the Fair Debt Collection 

9 Practices Act (15 U.S.C. 1692c) is amended by adding 

10 at the end the following: 

11 ‘‘(e) COMMUNICATIONS CONCERNING SERVICEMEM12 BER DEBTS.— 

13 ‘‘(1) DEFINITION.—In this subsection, the term 

14 ‘covered member’ means— 

15 ‘‘(A) a covered member or a dependent as 

16 defined in section 987(i) of title 10, United 

17 States Code; and 

18 ‘‘(B)(i) an individual who was separated, 

19 discharged, or released from duty described in 

20 such section 987(i)(1), but only during the 365- 

21 day period beginning on the date of separation, 

22 discharge, or release; or 

23 ‘‘(ii) a person, with respect to an individual 

24 described in clause (i), described in subpara25 graph (A), (D), (E), or (I) of section 1072(2) 

26 of title 10, United States Code. 


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1 ‘‘(2) PROHIBITIONS.—A debt collector may not, 

2 in connection with the collection of any debt of a 

3 covered member— 

4 ‘‘(A) threaten to have the covered member 

5 reduced in rank; 

6 ‘‘(B) threaten to have the covered mem7 ber’s security clearance revoked; or 

8 ‘‘(C) threaten to have the covered member 

9 prosecuted under chapter 47 of title 10, United 

10 States Code (the Uniform Code of Military Jus11 tice).’’. 

12 (b) UNFAIR PRACTICES.—Section 808 of the Fair 

13 Debt Collection Practices Act (15 U.S.C. 1692f) is amend14 ed by adding at the end the following: 

15 ‘‘(9) The representation to any covered member 

16 (as defined under section 805(e)(1)) that failure to 

17 cooperate with a debt collector will result in— 

18 ‘‘(A) a reduction in rank of the covered 

19 member; 

20 ‘‘(B) a revocation of the covered member’s 

21 security clearance; or 

22 ‘‘(C) prosecution under chapter 47 of title 

23 10, United States Code (the Uniform Code of 

24 Military Justice).’’. 


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1 SEC. 3. GAO STUDY. 

2 The Comptroller General of the United States shall 

3 conduct a study and submit a report to Congress on the 

4 impact of this Act on— 

5 (1) the timely delivery of information to a cov6 ered member (as defined in section 805(e) of the 

7 Fair Debt Collection Practices Act, as added by this 

8 Act); 

9 (2) military readiness; and 

10 (3) national security, including the extent to 

11 which covered members with security clearances 

12 would be impacted by uncollected debt. 

13 SEC. 4. DETERMINATION OF BUDGETARY EFFECTS. 

14 The budgetary effects of this Act, for the purpose of 

15 complying with the Statutory Pay-As-You-Go Act of 2010, 

16 shall be determined by reference to the latest statement 

17 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 

18 Act, submitted for printing in the Congressional Record 

19 by the Chairman of the House Budget Committee, 


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1 provided that such statement has been submitted prior to 

2 the vote on passage. 

Passed the House of Representatives March 2, 

2020. 

Attest: CHERYL L. JOHNSON, 

Clerk. 


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