S.Amdt. 2693Senate115th Congress (2017-2019)2nd degree
S.Amdt. 2693
Sponsored by
Sen. Bill Nelson (D-FL)
Submitted June 11, 2018
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Senate amendment submitted
June 11, 2018
Text
Submitted
SA 2693. Mr. NELSON submitted an amendment intended to be proposed to amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) to the bill H.R. 5515, to authorize appropriations for fiscal year 2019 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the end of title VI, add the following: Subtitle E--Military Lending Act and Related Matters SEC. 641. SHORT TITLE. This subtitle may be cited as the ``Military Lending Improvement Act of 2018''. SEC. 642. DECREASE IN MAXIMUM AUTHORIZED ANNUAL PERCENTAGE RATE ON CREDIT FOR MEMBERS OF THE ARMED FORCES. (a) Decrease in Rate.--Section 987(b) of title 10, United States Code, is amended by striking ``36 percent'' and inserting ``24 percent''. (b) Effective Date.--The amendment made by subsection (a) shall take effect on the date that is 180 days after the date of the enactment of this Act, and shall apply with respect to consumer credit extended on or after such effective date. SEC. 643. 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' has the meaning given the term in section 987(i) of title 10, United States Code. ``(2) Prohibition.--A debt collector may not communicate, in connection with the collection of any debt, with the commanding officer or officer in charge of any covered member, including for the purpose of acquiring location information about the covered member.''. (b) False or Misleading Representations.--Section 807 of the Fair Debt Collection Practices Act (15 U.S.C. 1692e) is amended by adding at the end the following: ``(17) The false representation to any covered member, as defined in section 987(i) of title 10, United States Code, that failure to cooperate with a debt collection will result in prosecution under chapter 47 of title 10, United States Code (the Uniform Code of Military Justice).''. SEC. 644. DATA PROTECTION STANDARDS FOR CREDIT REPORTING AGENCIES THAT USE DEPARTMENT OF DEFENSE PERSONNEL DATA. (a) Determination on Adequacy of Data Protection Standards.--Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall, in consultation with the Federal Trade Commission, determine whether or not each entity that downloads Military Lender Act bulk data from the Defense Manpower Data Center uses adequate safeguards to protect the downloaded data against breach or other potential misuse. The Secretary shall make the determination using a study of the practices of such entities conducted by the Secretary for purposes of this subsection. (b) Termination of Access to Bulk Data.--If pursuant to subsection (a), the Secretary determines that the safeguards of an entity described in that subsection are not adequate as described in that subsection, the Secretary shall terminate the access of the entity to bulk data described in that subsection by not later than 30 days after the date of the determination. (c) Restoration of Access to Bulk Data.--If access of an entity to bulk data is terminated pursuant to subsection (b), the Secretary may subsequently restore access of the entity to bulk data if the Secretary determines that the entity has taken remedial measures to ensure that any data downloaded from such bulk data is adequately protected against breach or other potential misuse. ______