Fair Debt Collection Practices for Servicemembers Act

Bill: 116-hr-5003
Sponsor: full_name: Rep. Dean, Madeleine [D-PA-4]
Introduced: 2019-11-08
Policy area: Finance and Financial Sector
Subjects: Congressional oversight

Consumer credit

Criminal investigation, prosecution, interrogation

Debt collection

Government studies and investigations

Intelligence activities, surveillance, classified information

Military law

Military personnel and dependents

Military readiness

National Guard and reserves
Latest action: action_date: 2020-03-03
text: Received in the Senate and Read twice and referred to the Committee on Banking, Housing, and Urban Affairs.

Summaries:
action_date: 2019-11-08
action_desc: Introduced in House
text: <p><b>Fair Debt Collection Practices for Servicemembers Act </b></p> <p>This bill prohibits a debt collector from (1) representing to servicemembers that failure to cooperate with a debt collector will result in a reduction of rank, a revocation of security clearance, or military prosecution; or (2) communicating with a servicemember's superiors in the chain of command. </p>

action_date: 2020-03-02
action_desc: Passed House
text: <p><b>Fair Debt Collection Practices for Servicemembers Act </b></p> <p>This bill prohibits a debt collector from representing to servicemembers that failure to cooperate with a debt collector will result in a reduction of rank, a revocation of security clearance, or military prosecution. The Government Accountability Office must report on the impact of this prohibition on the timely delivery of information to servicemembers, military readiness, and national security.</p>

tv_txt: I 116th CONGRESS 1st Session H. R. 5003 IN THE HOUSE OF REPRESENTATIVES November 8, 2019 Ms. Dean introduced the following bill; which was referred to the Committee on Financial Services A BILL 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. Short title This Act may be cited as the Fair Debt Collection Practices for Servicemembers Act . 2. Enhanced protection against debt collector harassment of members of the Armed Forces (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 — (A) has the meaning given the term in section 987(i)(1) of title 10, United States Code; and (B) means 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. (2) Prohibitions A debt collector may not, in connection with the collection of any debt of a covered member— (A) communicate with any individual above a covered member in the chain of command, including for the purpose of acquiring location information about the covered member; (B) threaten to have the covered member reduced in rank; or (C) threaten to have the covered member’s security clearance revoked. . (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). .

tv_txt: I 116th CONGRESS 2d Session H. R. 5003 IN THE HOUSE OF REPRESENTATIVES 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. Short title This Act may be cited as the Fair Debt Collection Practices for Servicemembers Act . 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; 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). . 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. 4. Determination of budgetary effects The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.

Passed the House of Representatives March 2, 2020. Cheryl L. Johnson, Clerk.

tv_txt: 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. Short title This Act may be cited as the Fair Debt Collection Practices for Servicemembers Act . 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; 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). . 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. 4. Determination of budgetary effects The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.

Passed the House of Representatives March 2, 2020. Cheryl L. Johnson, Clerk.