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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2547 Reported in House (RH)]

<DOC>

                                                  Union Calendar No. 10
117th CONGRESS
  1st Session
                                H. R. 2547

                          [Report No. 117-23]

   To expand and enhance consumer, student, servicemember, and small 
business protections with respect to debt collection practices, and for 
                            other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 15, 2021

    Ms. Waters (for herself, Mr. Meeks, Ms. Dean, Mr. Cleaver, Ms. 
Velazquez, Mr. Auchincloss, Ms. Pressley, and Ms. Tlaib) introduced the 
   following bill; which was referred to the Committee on Financial 
                                Services

                             April 30, 2021

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on April 
                               15, 2021]

_______________________________________________________________________

                                 A BILL

 
   To expand and enhance consumer, student, servicemember, and small 
business protections with respect to debt collection practices, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Comprehensive Debt 
Collection Improvement Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.

              TITLE I--SMALL BUSINESS LENDING FAIRNESS ACT

Sec. 101. Short title.
Sec. 102. Obligor transactions.
Sec. 103. Enforcement of security interests.

    TITLE II --FAIR DEBT COLLECTION PRACTICES FOR SERVICEMEMBERS ACT

Sec. 201. Short title.
Sec. 202. Enhanced protection against debt collector harassment of 
                            servicemembers.
Sec. 203. GAO study and report.

            TITLE III--PRIVATE LOAN DISABILITY DISCHARGE ACT

Sec. 301. Short title.
Sec. 302. Protections for obligors and cosigners in case of death or 
                            total and permanent disability.

     TITLE IV--CONSUMER PROTECTION FOR MEDICAL DEBT COLLECTIONS ACT

Sec. 401. Short title.
Sec. 402. Amendments to the Fair Debt Collection Practices Act.
Sec. 403. Prohibition on consumer reporting agencies reporting certain 
                            medical debt.
Sec. 404. Requirements for furnishers of medical debt information.

             TITLE V--ENDING DEBT COLLECTION HARASSMENT ACT

Sec. 501. Short title.
Sec. 502. Consumer protections relating to debt collection practices.

                TITLE VI--STOP DEBT COLLECTION ABUSE ACT

Sec. 601. Short title.
Sec. 602. Definitions.
Sec. 603. Debt collection practices for debt collectors hired by 
                            Federal agencies.
Sec. 604. Unfair practices.
Sec. 605. GAO study and report.

         TITLE VII--DEBT COLLECTION PRACTICES HARMONIZATION ACT

Sec. 701. Short title.
Sec. 702. Award of damages.
Sec. 703. Prohibition on the referral of emergency individual 
                            assistance debt.

 TITLE VIII--NON-JUDICIAL FORECLOSURE DEBT COLLECTION CLARIFICATION ACT

Sec. 801. Short title.
Sec. 802. Enforcement of security interests.

                        TITLE IX--EFFECTIVE DATE

Sec. 901. Effective date.

              TITLE I--SMALL BUSINESS LENDING FAIRNESS ACT

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Small Business Lending Fairness 
Act''.

SEC. 102. OBLIGOR TRANSACTIONS.

    (a) In General.--Chapter 2 of the Truth in Lending Act (15 U.S.C. 
1631 et seq.) is amended by adding at the end the following:
``Sec. 140B. Unfair credit practices
    ``(a) In General.--In connection with the extension of credit or 
creation of debt in or affecting commerce, as defined in section 4 of 
the Federal Trade Commission Act (15 U.S.C. 44), including any advance 
of funds or sale or assignment of future income or receivables that may 
or may not be credit, no person may directly or indirectly take or 
receive from another person or seek to enforce an obligation that 
constitutes or contains a cognovit or confession of judgment (for 
purposes other than executory process in the State of Louisiana), 
warrant of attorney, or other waiver of the right to notice and the 
opportunity to be heard in the event of suit or process thereon.
    ``(b) Exemption.--The exemptions described in section 104 shall not 
apply to this section.''.
    (b) Technical and Conforming Amendments.--
            (1) Section 130 of the Truth in Lending Act (15 U.S.C. 
        1640) is amended by adding at the end the following:
    ``(m) Creditor.--In this section, the term `creditor' refers to any 
person charged with compliance that is not the obligor.''.
            (2) The table of sections in chapter 2 of the Truth in 
        Lending Act (15 U.S.C. 1631 et seq.) is amended by adding at 
        the end the following:

``140B. Unfair credit practices.''.

SEC. 103. ENFORCEMENT OF SECURITY INTERESTS.

    Section 103 of the Truth in Lending Act (15 U.S.C. 1602) is amended 
by adding at the end the following:
    ``(ff) The term `debt' means any obligation of a person to pay to 
another person money--
            ``(1) regardless of whether such obligation is absolute or 
        contingent;
            ``(2) that includes the right of the person providing the 
        money to an equitable remedy for breach of performance if the 
        breach gives rise to a right to payment; and
            ``(3) regardless of whether the obligation or right to an 
        equitable remedy described in paragraph (2) has been reduced to 
        judgment, fixed, contingent, matured, unmatured, disputed, 
        undisputed, recourse, nonrecourse, secured, or unsecured.''.

    TITLE II --FAIR DEBT COLLECTION PRACTICES FOR SERVICEMEMBERS ACT

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Fair Debt Collection Practices for 
Servicemembers Act''.

SEC. 202. 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. 203. GAO STUDY AND REPORT.

    (a) Study.--The Comptroller General of the United States shall 
conduct a study on the impact of debt collection on covered members (as 
defined under section 805(e)(1) of the Fair Debt Collection Practices 
Act, as added by section 202), which shall--
            (1) identify types of false, deceptive, misleading, unfair, 
        abusive, and harassing debt collection practices experienced by 
        covered members and make recommendations to eliminate these 
        practices;
            (2) identify collection practices of creditors and debt 
        collectors experienced by covered members;
            (3) discuss the effect of these practices on military 
        readiness; and
            (4) discuss any national security implications, including 
        the extent to which covered members with security clearances 
        would be impacted by uncollected debt.
    (b) Report.--Not later than one year after the date of enactment of 
this Act, the Comptroller General of the United States shall submit to 
Congress a report on the completed study required under subsection (a).

            TITLE III--PRIVATE LOAN DISABILITY DISCHARGE ACT

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Private Loan Disability Discharge 
Act of 2021''.

SEC. 302. PROTECTIONS FOR OBLIGORS AND COSIGNERS IN CASE OF DEATH OR 
              TOTAL AND PERMANENT DISABILITY.

    (a) In General.--Section 140(g) of the Truth in Lending Act (15 
U.S.C. 1650(g)) is amended--
            (1) in paragraph (2)--
                    (A) in the heading, by striking ``in case of death 
                of borrower'';
                    (B) in subparagraph (A), by inserting after ``of 
                the death'', the following: ``or total and permanent 
                disability''; and
                    (C) in subparagraph (C), by inserting after ``of 
                the death'', the following: ``or total and permanent 
                disability''; and
            (2) by adding at the end the following:
            ``(3) Discharge in case of death or total and permanent 
        disability of borrower.--The holder of a private education loan 
        shall, when notified of the death or total and permanent 
        disability of a student obligor, discharge the liability of the 
        student obligor on the loan and may not, after such 
        notification--
                    ``(A) attempt to collect on the outstanding 
                liability of the student obligor; and
                    ``(B) in the case of total and permanent 
                disability, monitor the disability status of the 
                student obligor at any point after the date of 
                discharge.
            ``(4) Private discharge in cases of certain discharge for 
        death or disability.--The holder of a private education loan 
        shall, when notified of the discharge of liability of a student 
        obligor on a loan described under section 108(f)(5)(A) of the 
        Internal Revenue Code of 1986, discharge any liability of the 
        student obligor (and any cosigner) on any private education 
        loan which the private education loan holder holds and may not, 
        after such notification--
                    ``(A) attempt to collect on the outstanding 
                liability of the student obligor; and
                    ``(B) in the case of total and permanent 
                disability, monitor the disability status of the 
                student obligor at any point after the date of 
                discharge.
            ``(5) Total and permanent disability defined.--For the 
        purposes of this subsection and with respect to an individual, 
        the term `total and permanent disability' means the individual 
        is totally and permanently disabled, as such term is defined in 
        section 685.102(b) of title 34, Code of Federal Regulations.''.
    (b) Rulemaking.--The Director of the Bureau of Consumer Financial 
Protection may issue rules to implement the amendments made by 
subsection (a) as the Director determines appropriate.

     TITLE IV--CONSUMER PROTECTION FOR MEDICAL DEBT COLLECTIONS ACT

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Consumer Protection for Medical 
Debt Collections Act''.

SEC. 402. AMENDMENTS TO THE FAIR DEBT COLLECTION PRACTICES ACT.

    (a) Definition.--Section 803 of the Fair Debt Collection Practices 
Act (15 U.S.C. 1692a) is amended by adding at the end the following:
            ``(9) The term `medical debt' means a debt arising from the 
        receipt of medical services, products, or devices.''.
    (b) Unfair Practices.--Section 808 of the Fair Debt Collection 
Practices Act (15 U.S.C. 1692f), as amended by section 202(b), is 
amended by adding at the end the following:
            ``(10) Engaging in activities to collect or attempting to 
        collect a medical debt owed or due or asserted to be owed or 
        due by a consumer, before the end of the 2-year period 
        beginning on the date that the first payment with respect to 
        such medical debt is due.''.

SEC. 403. PROHIBITION ON CONSUMER REPORTING AGENCIES REPORTING CERTAIN 
              MEDICAL DEBT.

    (a) Definition.--Section 603 of the Fair Credit Reporting Act (15 
U.S.C. 1681a) is amended by adding at the end the following:
    ``(bb) Medical Debt.--The term `medical debt' means a debt arising 
from the receipt of medical services, products, or devices.
    ``(cc) Medically Necessary Procedure.--The term `medically 
necessary procedure' means--
            ``(1) health care services or supplies needed to diagnose 
        or treat an illness, injury, condition, disease, or its 
        symptoms and that meet accepted standards of medicine; and
            ``(2) health care to prevent illness or detect illness at 
        an early stage, when treatment is likely to work best 
        (including preventive services such as pap tests, flu shots, 
        and screening mammograms).''.
    (b) In General.--Section 605(a) of the Fair Credit Reporting Act 
(15 U.S.C. 1681c(a)) is amended by adding at the end the following new 
paragraphs:
            ``(9) Any information related to a debt arising from a 
        medically necessary procedure.
            ``(10) Any information related to a medical debt, if the 
        date on which such debt was placed for collection, charged to 
        profit or loss, or subjected to any similar action antedates 
        the report by less than 365 calendar days.''.

SEC. 404. REQUIREMENTS FOR FURNISHERS OF MEDICAL DEBT INFORMATION.

    (a) Additional Notice Requirements for Medical Debt.--Section 623 
of the Fair Credit Reporting Act (15 U.S.C. 1681s-2) is amended by 
adding at the end the following:
    ``(f) Additional Notice Requirements for Medical Debt.--Before 
furnishing information regarding a medical debt of a consumer to a 
consumer reporting agency, the person furnishing the information shall 
send a statement to the consumer that includes the following:
            ``(1) A notification that the medical debt--
                    ``(A) may not be included on a consumer report made 
                by a consumer reporting agency until the later of the 
                date that is 365 days after--
                            ``(i) the date on which the person sends 
                        the statement;
                            ``(ii) with respect to the medical debt of 
                        a borrower demonstrating hardship, a date 
                        determined by the Director of the Bureau; or
                            ``(iii) the date described under section 
                        605(a)(10); and
                    ``(B) may not ever be included on a consumer report 
                made by a consumer reporting agency, if the medical 
                debt arises from a medically necessary procedure.
            ``(2) A notification that, if the debt is settled or paid 
        by the consumer or an insurance company before the end of the 
        period described under paragraph (1)(A), the debt may not be 
        reported to a consumer reporting agency.
            ``(3) A notification that the consumer may--
                    ``(A) communicate with an insurance company to 
                determine coverage for the debt; or
                    ``(B) apply for financial assistance.''.
    (b) Furnishing of Medical Debt Information.--Section 623 of the 
Fair Credit Reporting Act (15 U.S.C. 1681s-2), as amended by subsection 
(a), is further amended by adding at the end the following:
    ``(g) Furnishing of Medical Debt Information.--
            ``(1) Prohibition on reporting debt related to medically 
        necessary procedures.--No person shall furnish any information 
        to a consumer reporting agency regarding a debt arising from a 
        medically necessary procedure.
            ``(2) Treatment of other medical debt information.--With 
        respect to a medical debt not described under paragraph (1), no 
        person shall furnish any information to a consumer reporting 
        agency regarding such debt before the end of the 365-day period 
        beginning on the later of--
                    ``(A) the date on which the person sends the 
                statement described under subsection (f) to the 
                consumer;
                    ``(B) with respect to the medical debt of a 
                borrower demonstrating hardship, a date determined by 
                the Director of the Bureau; or
                    ``(C) the date described in section 605(a)(10).
            ``(3) Treatment of settled or paid medical debt.--With 
        respect to a medical debt not described under paragraph (1), no 
        person shall furnish any information to a consumer reporting 
        agency regarding such debt if the debt is settled or paid by 
        the consumer or an insurance company before the end of the 365-
        day period described under paragraph (2).
            ``(4) Borrower demonstrating hardship defined.--In this 
        subsection, and with respect to a medical debt, the term 
        `borrower demonstrating hardship' means a borrower or a class 
        of borrowers who, as determined by the Director of the Bureau, 
        is facing or has experienced extenuating life circumstances or 
        events that result in severe financial or personal barriers 
        such that the borrower or class of borrowers does not have the 
        capacity to repay the medical debt.''.

             TITLE V--ENDING DEBT COLLECTION HARASSMENT ACT

SEC. 501. SHORT TITLE.

    This title may be cited as the ``Ending Debt Collection Harassment 
Act of 2021''.

SEC. 502. CONSUMER PROTECTIONS RELATING TO DEBT COLLECTION PRACTICES.

    (a) Reports on Debt Collection Complaints and Enforcement 
Actions.--
            (1) Semi-annual report.--Section 1016(c) of the Consumer 
        Financial Protection Act of 2010 (12 U.S.C. 5496(c)) is 
        amended--
                    (A) in paragraph (8), by striking ``and'' at the 
                end;
                    (B) in paragraph (9), by striking the period at the 
                end and inserting a semicolon; and
                    (C) by adding at the end the following:
            ``(10) an analysis of the consumer complaints received by 
        the Bureau with respect to debt collection, including a State-
        by-State breakdown of such complaints; and
            ``(11) a list of enforcement actions taken against debt 
        collectors during the preceding year.''.
            (2) Annual report.--Section 815(a) of the Fair Debt 
        Collection Practices Act (15 U.S.C. 1692m(a)) is amended by 
        adding at the end the following new sentence: ``Each such 
        report shall also include an analysis of the impact of 
        electronic communications by debt collectors on consumer 
        experiences with debt collection, including a consideration of 
        consumer complaints about the use of electronic communications 
        in debt collection.''.
    (b) Limitation on Debt Collection Rules.--Section 1022 of the 
Consumer Financial Protection Act of 2010 (12 U.S.C. 5512) is amended 
by adding at the end the following:
    ``(e) Limitation on Debt Collection Rules.--The Director may not 
issue any rule with respect to debt collection that allows a debt 
collector to send unlimited email and text messages to a consumer.''.
    (c) Protection of Consumers From Unlimited Texts and Emails Used in 
Debt Collection.--Section 806 of the Fair Debt Collection Practices Act 
(15 U.S.C. 1692d) is amended by adding at the end the following new 
paragraph:
            ``(7) Contacting the consumer electronically (including by 
        email or text message) without consent of the consumer to 
        communicate via that method, after such consent has been 
        withdrawn, or more frequently than the consumer consents to be 
        contacted.''.
    (d) Ensuring Consumers Receive Notice of Debt Collection 
Protections.--Section 809(a) of the Fair Debt Collection Practices Act 
(15 U.S.C. 1692g(a)) is amended in the matter preceding paragraph (1)--
            (1) by striking ``Within five days'' and all that follows 
        through ``any debt,'' and inserting the following: ``Notice of 
        Debt; Contents.--Within five days after the initial 
        communication with a consumer in connection with the collection 
        of any debt,''; and
            (2) by striking ``, unless the following information is 
        contained in the initial communication or the consumer has paid 
        the debt,''.
    (e) Improved Limitations on Debt Collection Rules.--Section 814(d) 
of the Fair Debt Collection Practices Act (15 U.S.C. 1692l(d)) is 
amended by adding at the end the following: ``Such rules--
            ``(1) may not allow a debt collector to send unlimited 
        electronic communications to a consumer;
            ``(2) shall require debt collectors to obtain consent 
        directly from consumers before contacting them using a method 
        other than by postal mail or by phone;
            ``(3) may not waive the requirements of the Electronic 
        Signatures in Global and National Commerce Act (15 U.S.C. 7001 
        et seq.); and
            ``(4) shall allow consumers to opt out of any method of 
        communication that the debt collector uses to communicate with 
        consumers, including a method for which such consumer had given 
        prior consent.''.

                TITLE VI--STOP DEBT COLLECTION ABUSE ACT

SEC. 601. SHORT TITLE.

    This title may be cited as the ``Stop Debt Collection Abuse Act of 
2021''.

SEC. 602. DEFINITIONS.

    Section 803 of the Fair Debt Collection Practices Act (15 U.S.C. 
1692a) is amended--
            (1) in paragraph (4), by striking ``facilitating collection 
        of such debt for another'' and inserting ``collection of such 
        debt'';
            (2) by amending paragraph (5) to read as follows:
            ``(5) The term `debt' means any obligation or alleged 
        obligation of a consumer--
                    ``(A) to pay money arising out of a transaction in 
                which the money, property, insurance or services which 
                are the subject of the transaction are primarily for 
                personal, family, or household purposes, whether or not 
                such obligation has been reduced to judgment;
                    ``(B) to pay a loan, overpayment, fine, penalty, 
                restitution, fee, or other money currently or 
                originally owed to or guaranteed by a Federal or State 
                government, including any courts or agencies; or
                    ``(C) which is secured by real or personal property 
                that is used or was obtained primarily for personal, 
                family, or household purposes, where such property is 
                subject to forfeiture or repossession upon nonpayment 
                of the obligation or alleged obligation.''; and
            (3) in paragraph (6)--
                    (A) by redesignating subparagraphs (A) through (F) 
                as clauses (i) through (vi), respectively;
                    (B) in clause (iii), as so redesignated, by 
                inserting ``(not including an independent contractor)'' 
                after ``any State'';
                    (C) by amending clause (vi), as so redesignated, to 
                read as follows:
                    ``(vi) any person collecting or attempting to 
                collect any debt owed or due or asserted to be owed or 
                due another to the extent such activity--
                            ``(I) is incidental to a bona fide 
                        fiduciary obligation or a bona fide escrow 
                        arrangement;
                            ``(II) concerns a debt which was originated 
                        by such person;
                            ``(III) concerns a debt which was not in 
                        default at the time it was obtained by such 
                        person; or
                            ``(IV) concerns a debt obtained by such 
                        person as a secured party in a commercial 
                        credit transaction involving the creditor.'';
                    (D) by striking the paragraph designation and the 
                first and second sentences and inserting the following:
            ``(6)(A) The term `debt collector' means--
                    ``(i) any person who uses any instrumentality of 
                interstate commerce or the mails in any business the 
                principal purpose of which is the collection of any 
                debts;
                    ``(ii) any person who regularly collects or 
                attempts to collect, directly or indirectly, by the 
                person's own means or by hiring another debt collector, 
                debts owed or due or asserted to be owed or due another 
                or that have been obtained by assignment or transfer 
                from another;
                    ``(iii) any person who regularly collects debts 
                currently or originally owed or allegedly owed to a 
                Federal or State agency or court; or
                    ``(iv) notwithstanding subparagraph (B)(vi), any 
                creditor who in the process of collecting debts of such 
                creditor, uses another name that would indicate that a 
                third person is collecting or attempting to collect 
                such debts.''; and
                    (E) in the fourth sentence, by striking ``The term 
                does not include'' and inserting the following:
            ``(B) The term does not include''.

SEC. 603. DEBT COLLECTION PRACTICES FOR DEBT COLLECTORS HIRED BY 
              FEDERAL AGENCIES.

    (a) In General.--The Fair Debt Collection Practices Act (15 U.S.C. 
1692 et seq.) is amended by inserting after section 812 (15 U.S.C. 
1692j) the following:
``Sec. 812A. Debt collection practices for debt collectors hired by 
              Federal agencies
    ``(a) Limitation on Time To Turn Debt Over to Debt Collector.--A 
Federal agency that is a creditor may sell or transfer a debt described 
in section 803(5)(B) to a debt collector not earlier than 90 days after 
the date on which the obligation or alleged obligation becomes 
delinquent or defaults.
    ``(b) Required Notice.--
            ``(1) In general.--Before transferring or selling a debt 
        described in section 803(5)(B) to a debt collector or 
        contracting with a debt collector to collect such a debt, a 
        Federal agency shall notify the consumer not fewer than 3 times 
        that the Federal agency will take such action.
            ``(2) Frequency of notifications.--The second and third 
        notifications described in paragraph (1) shall be made not less 
        than 30 days after the date on which the previous notification 
        is made.''.
    (b) Clerical Amendment.--The table of contents for the Fair Debt 
Collection Practices Act is amended by inserting after the item 
relating to section 812 the following:

``812A. Debt collection practices for debt collectors hired by Federal 
                            agencies.''.

SEC. 604. UNFAIR PRACTICES.

    Section 808 of the Fair Debt Collection Practices Act (15 U.S.C. 
1692f) is amended by striking paragraph (1) and inserting the 
following:
            ``(1) The collection of any amount (including any interest, 
        fee, charge, or expense incidental to the principal obligation) 
        unless--
                    ``(A) such amount is expressly authorized by the 
                agreement creating the debt or permitted by law; and
                    ``(B) in the case of any amount charged by a debt 
                collector collecting a debt described in section 
                803(5)(B), such amount is--
                            ``(i) reasonable in relation to the actual 
                        costs of the collection;
                            ``(ii) authorized by a contract between the 
                        debt collector and the Federal or State 
                        government; and
                            ``(iii) not greater than 10 percent of the 
                        amount collected by the debt collector.''.

SEC. 605. GAO STUDY AND REPORT.

    (a) Study.--The Comptroller General of the United States shall 
commence a study on the use of debt collectors by Federal, State, and 
local government agencies, including--
            (1) the powers given to the debt collectors by Federal, 
        State, and local government agencies;
            (2) the contracting process that allows a Federal, State, 
        or local government agency to award debt collection to a 
        certain company, including the selection process;
            (3) any fees charged to debtors in addition to principal 
        and interest on the outstanding debt;
            (4) how the fees described in paragraph (3) vary from State 
        to State;
            (5) consumer protection at the State level that offer 
        recourse to those whom debts have been wrongfully attributed;
            (6) the revenues received by debt collectors from Federal, 
        State, and local government agencies;
            (7) the amount of any revenue sharing agreements between 
        debt collectors and Federal, State, and local government 
        agencies;
            (8) the difference in debt collection procedures across 
        geographic regions, including the extent to which debt 
        collectors pursue court judgments to collect debts;
            (9) information regarding the amount collected by Federal, 
        State, and local government agencies through debt collectors, 
        including the total amount and the percentage of the amount 
        referred to the debt collectors;
            (10) the full cost of outsourcing collection to debt 
        collectors;
            (11) government agency oversight of debt collectors to 
        ensure that the rights of a consumer (as defined in section 
        803(3) of the Fair Debt Collection Practices Act (15 U.S.C. 
        1692a(3))) are protected and that any debt relief and payment 
        options legally available to consumers is effectively 
        communicated and made available;
            (12) the extent to which Federal, State, and local 
        contracts with debt collectors reflect or omit effective 
        measures to encourage debt collectors to align their practices 
        with public policy concerns (including relief for consumers 
        experiencing financial hardship) beyond maximizing debt 
        collection;
            (13) the extent to which debt collectors induce payment 
        through use or threat of adverse government actions, such as 
        arrest warrants or suspension of licenses or vehicle 
        registration; and
            (14) demographic data, including race and income 
        information, regarding the individuals subject to private 
        collection of debts owed to government entities.
    (b) Report.--Not later than one year after the date of enactment of 
this Act, the Comptroller General of the United States shall submit to 
Congress a report on the completed study required under subsection (a).

         TITLE VII--DEBT COLLECTION PRACTICES HARMONIZATION ACT

SEC. 701. SHORT TITLE.

    This title may be cited as the ``Debt Collection Practices 
Harmonization Act''.

SEC. 702. AWARD OF DAMAGES.

    (a) Additional Damages Indexed for Inflation.--
            (1) In general.--Section 813 of the Fair Debt Collection 
        Practices Act (15 U.S.C. 1692k) is amended--
                    (A) in subsection (a)(2)--
                            (i) in subparagraph (A), by striking ``; 
                        or'' and inserting the following: ``with 
                        respect to any one action taken by a debt 
                        collector in violation of this subchapter; 
                        or'';
                            (ii) in subparagraph (B)(ii), by striking 
                        ``or 1 per centum of the net worth of the debt 
                        collector; and'' and inserting the following: 
                        ``or 5 percent of the gross annual revenue of 
                        the debt collector; and'';
                    (B) in subsection (b), by inserting ``the maximum 
                amount of statutory damages at the time of 
                noncompliance,'' before ``the frequency'' each place it 
                appears; and
                    (C) by adding at the end the following:
    ``(f) Adjustment for Inflation.--
            ``(1) Initial adjustment.--Not later than 90 days after the 
        date of the enactment of this subsection, the Bureau shall 
        provide a percentage increase (rounded to the nearest multiple 
        of $100 or $1,000, as applicable) in the amounts set forth in 
        this section equal to the percentage by which--
                    ``(A) the Consumer Price Index for All Urban 
                Consumers (all items, United States city average) for 
                the 12-month period ending on the June 30 preceding the 
                date on which the percentage increase is provided, 
                exceeds
                    ``(B) the Consumer Price Index for the 12-month 
                period preceding January 1, 1978.
            ``(2) Annual adjustments.--With respect to any fiscal year 
        beginning after the date of the increase provided under 
        paragraph (1), the Bureau shall provide a percentage increase 
        (rounded to the nearest multiple of $100 or $1,000, as 
        applicable) in the amounts set forth in this section equal to 
        the percentage by which--
                    ``(A) the Consumer Price Index for All Urban 
                Consumers (all items, United States city average) for 
                the 12-month period ending on the June 30 preceding the 
                beginning of the fiscal year for which the increase is 
                made, exceeds
                    ``(B) the Consumer Price Index for the 12-month 
                period preceding the 12-month period described in 
                subparagraph (A).''.
            (2) Applicability.--The increases made under section 813(f) 
        of the Fair Debt Collection Practices Act, as added by 
        paragraph (1)(C) of this subsection, shall apply with respect 
        to failures to comply with a provision of such Act (15 U.S.C. 
        1601 et seq.) occurring on or after the date of enactment of 
        this section.
    (b) Injunctive Relief.--Section 813(d) of the Fair Debt Collection 
Practices Act (15 U.S.C. 1692k(d)) is amended by adding at the end the 
following: ``In a civil action alleging a violation of this title, the 
court may award appropriate relief, including injunctive relief.''.

SEC. 703. PROHIBITION ON THE REFERRAL OF EMERGENCY INDIVIDUAL 
              ASSISTANCE DEBT.

    Chapter 3 of title 31, United States Code, is amended--
            (1) in subchapter II, by adding at the end the following:
``Sec. 334. Prohibition on the referral of emergency individual 
              assistance debt
    ``With respect to any assistance provided by the Federal Emergency 
Management Agency to an individual or household pursuant to the Robert 
T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5122 et seq.), if the Secretary of the Treasury seeks to recoup any 
amount of such assistance because of an overpayment, the Secretary may 
not contract with any debt collector as defined in section 803(6) of 
the Fair Debt Collection Practices Act (15 U.S.C. 1692a(6)) or other 
private party to collect such amounts, unless the overpayment occurred 
because of fraud or deceit and the recipient of such assistance knew or 
should have known about such fraud or deceit.''; and
            (2) in the table of contents for such chapter, by inserting 
        after the item relating to section 333 the following:

``334. Prohibition on the referral of emergency individual assistance 
                            debt.''.

 TITLE VIII--NON-JUDICIAL FORECLOSURE DEBT COLLECTION CLARIFICATION ACT

SEC. 801. SHORT TITLE.

    This title may be cited as the ``Non-Judicial Foreclosure Debt 
Collection Clarification Act''.

SEC. 802. ENFORCEMENT OF SECURITY INTERESTS.

     Section 803(6) of the Fair Debt Collection Practices Act (15 
U.S.C. 1692a(6)) is amended by striking ``For the purpose of section 
808(6), such term also includes any person who uses any instrumentality 
of interstate commerce or the mails in any business the principal 
purpose of which is the enforcement of security interests.''.

                        TITLE IX--EFFECTIVE DATE

SEC. 901. EFFECTIVE DATE.

    This Act and the amendments made by this Act shall take effect on 
the date that is 180 days after the date of enactment of this Act.
                                                  Union Calendar No. 10

117th CONGRESS

  1st Session

                               H. R. 2547

                          [Report No. 117-23]

_______________________________________________________________________

                                 A BILL

   To expand and enhance consumer, student, servicemember, and small 
business protections with respect to debt collection practices, and for 
                            other purposes.

_______________________________________________________________________

                             April 30, 2021

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
```