S.Amdt. 3266Senate118th Congress (2023-2025)
S.Amdt. 3266
Sponsored by
Sen. Raphael G. Warnock (D-GA)
Submitted September 12, 2024
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Senate amendment submitted
September 12, 2024
Text
Submitted
SA 3266. Mr. WARNOCK (for himself and Mr. Budd) submitted an amendment intended to be proposed by him to the bill S. 4638, to authorize appropriations for fiscal year 2025 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 appropriate place, insert the following: DIVISION _____--FAIR DEBT COLLECTION PRACTICES FOR SERVICEMEMBERS SEC. ___01. SHORT TITLE. This division may be cited as the ``Fair Debt Collection Practices for Servicemembers Act''. SEC. ___02. 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. ___03. GAO STUDY. The Comptroller General of the United States shall conduct a study and submit a report to Congress on the impact of this division 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 division); (2) military readiness; and (3) national security, including the extent to which covered members with security clearances would be impacted by uncollected debt. SEC. ___04. RULE OF CONSTRUCTION. Nothing in this division shall be construed to prevent legally informing servicemembers of their debt and collecting the debt from servicemembers through legal means. ______