House Report 117-29 - PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2547) TO EXPAND AND ENHANCE CONSUMER, STUDENT, SERVICEMEMBER, AND SMALL BUSINESS PROTECTIONS WITH RESPECT TO DEBT COLLECTION PRACTICES, AND FOR OTHER PURPOSES; PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1065) TO ELIMINATE DISCRIMINATION AND PROMOTE WOMEN'S HEALTH AND ECONOMIC SECURITY BY ENSURING REASONABLE WORKPLACE ACCOMMODATIONS FOR WORKERS WHOSE ABILITY TO PERFORM THE FUNCTIONS OF A JOB ARE LIMITED BY PREGNANCY, CHILDBIRTH, OR A RELATED MEDICAL CONDITION; AND FOR OTHER PURPOSES

[House Report 117-29]
[From the U.S. Government Publishing Office]

117th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 117-29

======================================================================

PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 2547) TO EXPAND AND
ENHANCE CONSUMER, STUDENT, SERVICEMEMBER, AND SMALL BUSINESS
PROTECTIONS WITH RESPECT TO DEBT COLLECTION PRACTICES, AND FOR OTHER
PURPOSES; PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1065) TO
ELIMINATE DISCRIMINATION AND PROMOTE WOMEN'S HEALTH AND ECONOMIC
SECURITY BY ENSURING REASONABLE WORKPLACE ACCOMMODATIONS FOR WORKERS
WHOSE ABILITY TO PERFORM THE FUNCTIONS OF A JOB ARE LIMITED BY
PREGNANCY, CHILDBIRTH, OR A RELATED MEDICAL CONDITION; AND FOR OTHER
PURPOSES

_______

May 11, 2021.--Referred to the House Calendar and ordered to be printed

_______

Mr. Perlmutter, from the Committee on Rules,
submitted the following

R E P O R T

[To accompany H. Res. 380]

The Committee on Rules, having had under consideration
House Resolution 380, by a record vote of 8 to 4, report the
same to the House with the recommendation that the resolution
be adopted.

SUMMARY OF PROVISIONS OF THE RESOLUTION

The resolution provides for consideration of H.R. 2547, the
Comprehensive Debt Collection Improvement Act, under a
structured rule. The resolution provides one hour of general
debate equally divided and controlled by the chair and ranking
minority member of the Committee on Financial Services or their
designees. The resolution waives all points of order against
consideration of the bill. The resolution provides that the
amendment in the nature of a substitute recommended by the
Committee on Financial Services now printed in the bill,
modified by the amendment printed in part A of this report,
shall be considered as adopted and the bill, as amended, shall
be considered as read. The resolution waives all points of
order against provisions in the bill, as amended. The
resolution provides that following debate, each further
amendment printed in part B of this report not earlier
considered as part of amendments en bloc pursuant to section 3
shall be considered only in the order printed in this report,
may be offered only by a Member designated in this report,
shall be considered as read, shall be debatable for the time
specified in this report equally divided and controlled by the
proponent and an opponent, may be withdrawn by the proponent at
any time before the question is put thereon, shall not be
subject to amendment, and shall not be subject to a demand for
division of the question. The resolution provides that at any
time after debate the chair of the Committee on Financial
Services or her designee may offer amendments en bloc
consisting of further amendments printed in part B of this
report not earlier disposed of. Amendments en bloc shall be
considered as read, shall be debatable for 20 minutes equally
divided and controlled by the chair and ranking minority member
of the Committee on Financial Services or their designees,
shall not be subject to amendment, and shall not be subject to
a demand for division of the question. The resolution waives
all points of order against the amendments printed in part B of
this report or amendments en bloc described in section 3 of the
resolution. The resolution provides one motion to recommit. The
resolution provides for consideration of H.R. 1065, the
Pregnant Workers Fairness Act, under a closed rule. The
resolution provides one hour of general debate equally divided
and controlled by the chair and ranking minority member of the
Committee on Education and Labor or their designees. The
resolution waives all points of order against consideration of
the bill. The resolution provides that the amendment in the
nature of a substitute recommended by the Committee on
Education and Labor now printed in the bill shall be considered
as adopted and the bill, as amended, shall be considered as
read. The resolution waives all points of order against
provisions in the bill, as amended. The resolution provides one
motion to recommit. The resolution provides that at any time
through the legislative day of Friday, May 14, 2021, the
Speaker may entertain motions offered by the Majority Leader or
a designee that the House suspend the rules with respect to
multiple measures that were the object of motions to suspend
the rules on the legislative days of May 11 or 12, 2021, and on
which the yeas and nays were ordered and further proceedings
postponed. The Chair shall put the question on any such motion
without debate or intervening motion, and the ordering of the
yeas and nays on postponed motions to suspend the rules with
respect to such measures is vacated. The resolution provides
that House Resolution 379 is hereby adopted.

EXPLANATION OF WAIVERS

The waiver of all points of order against consideration of
H.R. 2547 includes waivers of the following:
--Clause 10 of rule XXI, which prohibits consideration of a
measure that has a net effect of increasing the deficit or
reducing the surplus over the five- or 10-year period; however,
the budgetary effects of the bill are fully offset over the 10-
year period.
--Section 302(f)(1) of the Congressional Budget Act, which
prohibits consideration of legislation providing new budget
authority in excess of a 302(a) or 302(b) allocation of such
authority.
Although the resolution waives all points of order against
provisions in H.R. 2547, as amended, the Committee is not aware
of any points of order. The waiver of all points of order
prophylactic in nature.
Although the resolution waives all points of order against
the amendments printed in part B of this report or against
amendments en bloc described in section 3 of the resolution,
the Committee is not aware of any points of order. The waiver
is prophylactic in nature.
Although the resolution waives all points of order against
consideration of H.R. 1065, the Committee is not aware of any
points of order. The waiver is prophylactic in nature.
Although the resolution waives all points of order against
provisions in H.R. 1065, as amended, the Committee is not aware
of any points of order. The waiver is prophylactic in nature.

COMMITTEE VOTES

The results of each record vote on an amendment or motion
to report, together with the names of those voting for and
against, are printed below:

Rules Committee record vote No. 74

Motion by Mr. Cole to add language to the rule that would
eliminate the tolling of days for Resolutions of Inquiry.
Defeated: 4-8

----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mrs. Torres..................................... Nay Mr. Cole.......................... Yea
Mr. Perlmutter.................................. Nay Mr. Burgess....................... Yea
Mr. Raskin...................................... Nay Mr. Reschenthaler................. Yea
Ms. Scanlon..................................... Nay Mrs. Fischbach.................... Yea
Mr. Morelle..................................... Nay
Mr. DeSaulnier.................................. Nay
Ms. Ross........................................ Nay
Mr. McGovern, Chairman.......................... Nay
----------------------------------------------------------------------------------------------------------------

Rules Committee record vote No. 75

Motion by Mr. Cole to report an open rule for H.R. 2547 and
H.R. 1065. Defeated: 4-8

Rules Committee record vote No. 76

Motion by Mrs. Fischbach to amend the rule to H.R. 1065 to
make in order amendment #1, offered by Rep. Foxx (NC), which
includes the text of H.R. 1065 and adds Section 702(a) of Title
VII of the Civil Rights Act of 1964 to ensure religious
organizations can make religiously based employment decisions.
Defeated: 4-8

Rules Committee record vote No. 77

Motion by Mr. Perlmutter to report the rule. Adopted: 8-4

----------------------------------------------------------------------------------------------------------------
Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Mrs. Torres..................................... Yea Mr. Cole.......................... Nay
Mr. Perlmutter.................................. Yea Mr. Burgess....................... Nay
Mr. Raskin...................................... Yea Mr. Reschenthaler................. Nay
Ms. Scanlon..................................... Yea Mrs. Fischbach.................... Nay
Mr. Morelle..................................... Yea
Mr. DeSaulnier.................................. Yea
Ms. Ross........................................ Yea
Mr. McGovern, Chairman.......................... Yea
----------------------------------------------------------------------------------------------------------------

SUMMARY OF THE AMENDMENT TO H.R. 2547 IN PART A CONSIDERED AS ADOPTED

1. Waters (CA): Adds and refines certain definitions, makes
a number of other minor changes and technical corrections, and
includes additional revenue measures.

SUMMARY OF THE AMENDMENTS TO H.R. 2547 IN PART B MADE IN ORDER

1. Bonamici (OR), Cohen (TN): Expands requirements debt
collectors must meet to take legal action on a debt, including
providing advanced notice of commencing legal action and
updates FDCPA to require proof that a debt is legally owed and
due. (10 minutes)
2. Adams (NC), Williams (GA): Provides private student loan
borrowers the same protections as federal borrowers, with
regards to prohibiting servicers and credit reporting agencies
from reporting adverse information and directs the credit
reporting agencies to remove any adverse information. (10
minutes)
3. Bowman (NY): Ensure that debt collectors would not be
allowed to contact consumers via social media unless explicitly
provided written consent. (10 minutes)
4. Burgess (TX): Prior to enacting this legislation, the
Treasury Secretary shall certify that this legislation will not
limit the availability of debt products or increase their cost
for Americans without a credit history, Americans with poor
credit history, or Americans from lower socio-economic
backgrounds. (10 minutes)
5. Bush, Cori (MO): Requires the CFPB report to Congress in
6 months analyzing consumer complaint data relating to debt
collection practices (including debt collection practices as it
relates to medical debt and debts owed by servicemembers)
during the pandemic, as well as a list of enforcement actions
taken by CFPB relating to debt collection during the pandemic.
The report must also outline a strategy on how the CFPB will
utilize regulatory, supervisory and enforcement tools to combat
predatory debt collection practices identified during the
pandemic and the CFPB would be required to request debt
collectors covered by their larger participant rule provide to
the Bureau information about their default judgements pursued
through litigation during the pandemic. (10 minutes)
6. Cohen (TN), Ocasio-Cortez (NY), Bonamici (OR): Adds
language that would explicitly prohibit debt collectors from
collecting or attempting to collect debt from consumers which
the statute of limitations has expired and would also prohibit
a debt collector from bringing, or threatening to bring, legal
action against any consumer on a debt in which the statute of
limitations has expired. (10 minutes)
7. Craig (MN): Adds a new section entitled the ``Ryan
Frascone Memorial Student Loan Relief Act of 2021'' to release
cosigners of private student loan agreements in the event of
the death of the borrower, which will align current law with
loans made prior to enactment of the Economic, Growth,
Regulatory Relief, and Consumer Protection Act (P.L. 115-174).
The amendment also creates the Treasury Loan Purchase Program
administered by the Dept. of Treasury that would allow private
student loan providers who sustain significant financial injury
from releasing cosigners retroactively as provided in the
amendment to apply to the Secretary of the Treasury to have the
Secretary purchase and retire such loan. (10 minutes)
8. Luetkemeyer (MO): Directs the GAO to study and report to
Congress within 1-year about how restricting debt collection
will impact low- to moderate-income and minority borrowers with
the bill becoming effective upon date of the report's release.
(10 minutes)
9. McHenry (NC): Replaces the underlying bill with targeted
approaches to improve the debt collection and credit reporting
framework which will ensure the financial system remains safe
and sound while protecting and introducing options for
consumers. (10 minutes)
10. Newman (IL): Requires the CFPB to create a page on
their website with a consumer bill of rights for abusive debt
collectors and resources, as well as directing it to be offered
in different languages. (10 minutes)
11. Omar (MN): Directs the CFPB to study and report to
Congress within 18 months about the consumer experiences and
financial impacts of debt collection practices on student loan
borrowers with private education loans, and requires an
analysis on the practices of private student lenders
challenging undue hardship petitions. (10 minutes)
12. Payne, Jr. (NJ): Requires the CFPB to report to
Congress on the number of people unable to pay a debt because a
debt collector is unable to accept a cash payment. (10 minutes)
13. Ross, Deborah (NC): Directs the GAO to (1) analyze the
trends and impacts associated with the use of electronic and
telephone communications in the debt collection industry, and
(2) recommend regulatory and legislative proposals to reduce
the annoyance, abuse, and harassment of consumers by debt
collectors, including the frequency of electronic and telephone
communications by debt collectors to consumers. (10 minutes)
14. Williams (GA): Commissions a report that identifies and
analyzes racial disparities relating to debt collection
practices and provides administrative and legislative
recommendations to address such disparities. (10 minutes)

PART A--TEXT OF AMENDMENT TO H.R. 2547 CONSIDERED AS ADOPTED

Strike page 5, line 19 through page 6, line 7.
On page 6, after line 7 insert the following:
``(ff) The term `debt' means any obligation of a person to
pay to another person money--
``(1) that includes the right of the person providing
the money to a legal or an equitable remedy for breach
of performance if the breach gives rise to a right to
payment; and
``(2) regardless of whether the obligation or right
to a remedy described in paragraph (1) is absolute or
contingent, has been reduced to judgment, is fixed,
matured, unmatured, disputed, undisputed, recourse,
nonrecourse, secured, or unsecured''.
On page 10, line 12, insert ``(and any cosigner)'' after
``student obligor''.
On page 12, starting on line 20, strike ``owed or due or
asserted to be owed or due by a consumer,''.
On page 18, line 18, strike ``that allows'' and insert ``that
does not prohibit''.
On page 20, line 4, strike ``phone'' and insert
``telephone''.
On page 21, strike line 19 and insert the following:
``alleged obligation.''.
On page 21, after line 19, insert the following:
``The enforcement of a debt described in subparagraph
(C) is deemed to be a collection of a debt.''; and
On page 24, line 5, insert ``not'' after ``may''.
On page 24, line 6, strike ``not'' after ``debt collector''.
On page 25, line 24, strike ``Federal, State, and local'' and
insert ``Federal and State''.
On page 26, line 2, strike ``Federal, State, and local'' and
insert ``Federal and State''.
On page 26, lines 3 through 4, strike ``Federal, State, or
local'' and insert ``Federal or State''.
On page 26, line 11, insert ``Federal and'' before ``State''.
On page 26, line 15, strike ``Federal, State, and local'' and
insert ``Federal and State''.
On page 26, lines 17 through 18, strike ``Federal, State, and
local'' and insert ``Federal and State''.
On page 26, line 24, strike ``Federal, State, and local'' and
insert ``Federal and State''.
On page 27, line 12, strike `` Federal, State, and local''
and insert ``Federal and State''.
On page 28, after line 4, insert the following:
(c) State Defined.--For the purposes of this section, the
term ``State'' has the meaning given the term section 803 of
the Fair Debt Collection Practices Act.
On page 32, line 9, insert ``further'' before ``amended''.
On page 32, line 14, strike ``EFFECTIVE DATE'' and insert
``MISCELLANEOUS PROVISIONS''.
On page 32, after line 14, insert the following:

SEC. 901. DISCRETIONARY SURPLUS FUNDS.

(a) In General.--The dollar amount specified under section
7(a)(3)(A) of the Federal Reserve Act (12 U.S.C. 289(a)(3)(A))
is reduced by $2,900,000,000.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on September 30, 2031.

PART B--TEXT OF AMENDMENTS TO H.R. 2547 MADE IN ORDER

1. An Amendment To Be Offered by Representative Bonamici of Oregon or
Her Designee, Debatable for 10 Minutes

Redesignate title IX as title X.
Redesignate section 901 as section 1001.
After title VIII insert the following:

TITLE IX--SECURING CONSUMERS AGAINST MISREPRESENTED DEBT ACT

SEC. 901. SHORT TITLE.

This Act may be cited as the ``Securing Consumers Against
Misrepresented Debt Act of 2021'' or the ``SCAM Debt Act''.

SEC. 902. LEGAL ACTIONS BY DEBT COLLECTORS.

Section 811 of the Fair Debt Collections Practices Act (15
U.S.C. 1692i) is amended--
(1) by redesignating subsection (b) as subsection
(c); and
(2) by inserting after subsection (a) the following
new subsection:
``(b) Requirements for Debt Collectors.--A debt collector
that takes legal action to collect or attempt to collect a debt
shall comply with the following requirements:
``(1) Provide the consumer written notice of the
intent to take legal action, sent to the consumer's
last known address at least 30 days and not later than
60 days in advance of commencing the legal action, that
shall include--
``(A) all methods that the consumer can use
to contact the debt collector; and
``(B) all information contained in the notice
required under section 809(a) (excluding the
information described in paragraphs (3), (4),
and (5) of such section), updated to ensure
correctness.
``(2) In the initial pleading filed by a debt
collector to commence a legal action to collect a debt,
include--
``(A) all information contained in the notice
required under section 809(a) (excluding the
information described in paragraphs (3), (4),
and (5) of such section), except any account
numbers and any personally identifiable
information, updated to ensure correctness;
``(B) the last four digits of the account
number of the original debt;
``(C) admissible documentary evidence of--
``(i) the written agreement,
contract, or instrument creating the
debt, if any, or other documents
showing that the consumer agreed to the
agreement, contract, or instrument
creating the debt;
``(ii) any terms and conditions
relevant to the debt;
``(iii) that the consumer incurred
the debt and the amount owed; and
``(iv) that there is a chain of title
of the ownership of debt and the right
to collect the debt, including
documents showing the date of each
transfer of ownership of the debt and
the identity of each owner of the debt;
and
``(D) a sworn affidavit stating--
``(i) that the applicable statute of
limitations for collecting the debt has
not expired and the date on which such
statute of limitations expires; and
``(ii) that the debt collector
personally reviewed all applicable
records and documents relating to the
debt to be collected.''.
----------

2. An Amendment To Be Offered by Representative Adams of North Carolina
or Her Designee, Debatable for 10 Minutes

Redesignate title IX as title X.
Redesignate section 901 as section 1001.
In section 1001, as redesignated, strike ``This Act'' and
insert ``Except as otherwise provided in this Act, this Act''.
After title VIII insert the following:

TITLE IX--TEMPORARY RELIEF FOR PRIVATE STUDENT LOAN BORROWERS

SEC. 901. TEMPORARY RELIEF FOR PRIVATE STUDENT LOAN BORROWERS.

(a) In General.--A servicer of a private education loan
shall not report an adverse item of information relating to the
nonpayment of a private education loan that occurred during the
covered period.
(b) Consumer Reporting Agencies.--During the covered
period, a consumer reporting agency--
(1) may not make a consumer report containing adverse
information relating to the nonpayment of a private
education loan by a covered borrower; and
(2) shall promptly remove, in a period of time as
determined by the Director of the Consumer Financial
Protection Bureau, from a consumer report any such
adverse information reported during the covered period.
(c) Implementation.--The Director of the Consumer Financial
Protection Bureau may issue guidance or rules to implement this
section, including--
(1) requiring any notifications and other
requirements that may be necessary to carry out this
section; and
(2) ensuring a covered borrower is aware of their
rights under this section relating to the exclusion or
removal of any relevant adverse information the
consumer report of the consumer.
(d) Effective Date.--This section shall take effect 30 days
after the date of the enactment of this Act.
(e) Definitions.--In this section:
(1) Covered borrower.--The term ``covered borrower''
means a borrower of a private education loan.
(2) Covered period.--The term ``covered period''
means the period beginning on March 13, 2020 (the date
the President declared the emergency under section 501
of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 4121 et seq.) relating to the
Coronavirus Disease 2019 (COVID-19) pandemic) and
ending on the date that is 30 days after the end of the
incident period for such emergency.
(3) Fair credit reporting act definitions.--The terms
``consumer report'' and ``consumer reporting agency''
have the meanings given, respectively, in section 603
of the Fair Credit Reporting Act (15 U.S.C. 1681a).
(4) Private education loan.--The term ``private
education loan'' has the meaning given the term in
section 140 of the Truth in Lending Act (15 U.S.C.
1650).
----------

3. An Amendment To Be Offered by Representative Bowman of New York or
His Designee, Debatable for 10 Minutes

On page 18, line 19, strike `` email and text messages''
and insert ``email, text messages, and direct messages through
social media''.
On page 18, line 21, strike ``TEXTS AND EMAILS'' and insert
``TEXTS, EMAILS, AND SOCIAL MEDIA MESSAGES''.
On page 19, strike lines 1 through 5 and insert the
following:
``(7) Contacting the person electronically, including
by email, text message, and direct message through
social media, if--
``(A) the communication is required to be in
writing and the person has not consented to
receive the communication electronically in
accordance with the requirements of the
Electronic Signatures in Global and National
Commerce Act;
``(B) the communication is governed by the
Telephone Consumer Protection Act and the
person has not consented to receive such
communication in accordance with the
requirements of such Act;
``(C) consent by the person to receive the
communication was not provided directly to the
debt collector;
``(D) consent by the person to receive the
communication electronically has been
withdrawn; or
``(E) the frequency of contact by the debt
collector is greater than consented to by the
person.''.
On page 19, after line 5 insert the following:
(d) Protection of Consumers From Social Media
Communications in Debt Collection.--Section 808(7) of the Fair
Debt Collection Practices Act (15 U.S.C. 1692f) is amended by
inserting the following before the period: ``or through a
social media platform if the communication is viewable by the
general public or the person's social media contacts''.
On page 19, line 6, strike ``(d)'' and insert ``(e)''.
On page 19, line 19, strike ``(e)'' and insert ``(f)''.
----------

4. An Amendment To Be Offered by Representative Burgess of Texas or His
Designee, Debatable for 10 Minutes

Strike section 901 and insert the following:

SEC. 901 EFFECTIVE DATE.

This Act and the amendments made by this Act shall take
effect on the date that is the later of--
(1) the date that is 180 days after the date of the
enactment of this Act; and
(2) the date on which the Secretary of the Treasury
certifies to Congress that the enactment of this Act
will not--
(A) limit the availability of debt products
for Americans who do not have a credit history,
who have a poor credit history, or who are from
lower socio-economic backgrounds'' part to
apply to both parts; or
(B) increase the cost of debt products for
Americans who do not have a credit history, who
have a poor credit history, or who are from
lower socio-economic backgrounds.
----------

5. An Amendment To Be Offered by Representative Bush of Missouri or Her
Designee, Debatable for 10 Minutes

Redesignate title IX as title X.
Redesignate section 901 as section 1001.
After title VIII insert the following:

TITLE IX--REPORTS

SEC. 901 REPORT ON COVID-19 PANDEMIC DEBT COLLECTION PRACTICES.

(a) In General.--Not later than 6 months after the date of
the enactment of this section, the Director of the Bureau of
Consumer Financial Protection shall submit a report to
Financial Services Committee of the House of Representatives
and Banking Committee of the Senate that--
(1) analyzes available data relating to consumer
complaints about debt collection practices during the
COVID-19 pandemic, including the collection of medical
debt and the collection of debt from servicemembers;
(2) lists all enforcement actions taken by the Bureau
during the COVID-19 pandemic that related to debt
collection; and
(3) describes how the Bureau will use regulatory,
supervisory and enforcement tools to combat predatory
debt collection practices identified during the COVID-
19 pandemic.
(b) Additional Required Information.--
(1) In general.--The Director shall require each
larger participant in the consumer debt collection
market (as such term is defined in section 1090 of
title 12 of the Code of Federal Regulations to provide
to the Director information about any default
judgements pursued by such larger participant through
litigation during the COVID-19 pandemic.
(2) Inclusion in report.--The Director shall compile
all information received from larger participants under
paragraph (1) and shall include such information in the
report required under subsection (a)
(c) Definitions.--In this section:
(1) The term ``Director'' means the Director of the
Bureau of Consumer Financial Protection.
(2) The term ``Bureau'' means the Bureau of Consumer
Financial Protection.
----------

6. An Amendment To Be Offered by Representative Cohen of Tennessee or
His Designee, Debatable for 10 Minutes

Redesignate title IX as title X.
Redesignate section 901 as section 1001.
After title VIII insert the following:

TITLE IX--FAIR DEBT COLLECTION IMPROVEMENT ACT

SEC. 901. SHORT TITLE.

This title may be cited as the ``Fair Debt Collection
Improvement Act''.

SEC. 902. PROHIBITION ON COLLECTING TIME-BARRED DEBT.

(a) In General.--The Fair Debt Collection Practices Act (15
U.S.C. 1692 et seq.) is amended by inserting after section 811
the following:

``Sec. 811A. Prohibition on collecting time-barred debt

``A debt collector may not collect, or attempt to collect,
any debt of a consumer with respect to which the statute of
limitations has expired.''.
(b) Clerical Amendment.--The table of contents for the Fair
Debt Collection Practices Act is amended by inserting after the
item relating to section 811 the following:
``811A. Prohibition on collecting time-barred debt.''.
----------

7. An Amendment To Be Offered by Representative Craig of Minnesota or
Her Designee, Debatable for 10 Minutes

Add at the end the following:

TITLE X--RELEASE OF COSIGNERS ON PRIVATE STUDENT LOANS ON DEATH OF
BORROWER

SEC. 1001. SHORT TITLE.

This title may be cited as the ``Ryan Frascone Memorial
Student Loan Relief Act of 2021''.

SEC. 1002. APPLICABILITY OF CERTAIN AMENDMENTS TO THE TRUTH IN LENDING
ACT.

(a) In General.--Effective on the date of enactment of the
Economic Growth, Regulatory Relief, and Consumer Protection Act
(Public Law 115-174), section 601(b) of such Act is amended to
read as follows:
``(b) Applicability.--The amendments made by subsection (a)
shall apply to private education loan agreements entered into
before, on, or after the date of enactment of this Act.''.
(b) Treasury Loan Purchase Program.--
(1) In general.--The Secretary of the Treasury shall
establish a program under which the Secretary shall
purchase and retire outstanding private education
loans--
(A) where the borrower on such loan is
deceased;
(B) where there remains a cosigner on the
loan;
(C) that were entered into before the date
that is 180 days after the date of enactment of
the Economic Growth, Regulatory Relief, and
Consumer Protection Act; and
(D) only upon an application from a holder of
such loan pursuant to paragraph (2) that
demonstrates the holder has suffered financial
injury as a result of the amendment made by
subsection (a).
(2) Application.--The holder of a loan described
under paragraph (1) may apply to the Secretary of the
Treasury to have the Secretary purchase and retire such
loan by submitting an application in such form and
manner as the Secretary may require.
(3) Authorization of appropriation.--There is
authorized to be appropriated to the Secretary of the
Treasury $5,000,000 to carry out this subsection.
(4) Truth in lending act terms.--In this subsection,
the terms ``cosigner'' and ``private education loan''
have the meaning given those terms, respectively, under
section 140 of the Truth in Lending Act (15 U.S.C.
1650)
(c) Severability.--The provisions of this Act are severable.
If any part of this Act is declared invalid or
unconstitutional, that declaration shall not affect the part
which remains.
----------

8. An Amendment To Be Offered by Representative Luetkemeyer of Missouri
or His Designee, Debatable for 10 Minutes

Redesignate title IX as title X.
Redesignate section 901 as section 1001.
Strike section 1001 and insert the following:

SEC. 1001. EFFECTIVE DATE.

This Act and the amendments made by this Act shall take
effect on the date on which the Comptroller General of the
United States issues a report pursuant to section 901.
After title VIII insert the following:

TITLE IX--REPORTS

SEC. 901. GAO REPORT.

The Comptroller General of the United States shall, not later
than 1 year after the date of the enactment of this Act submit
to the Financial Services Committee of the House of
Representatives and the Banking Committee of the Senate a study
that identifies any impacts that imposing restrictions on debt
collection will have on low- to moderate-income and minority
borrowers.
----------

9. An Amendment To Be Offered by Representative McHenry of North
Carolina or His Designee, Debatable for 10 Minutes

Strike all after the enacting clause and insert the
following:

SECTION 1. REQUIREMENT FOR CONFESSIONS OF JUDGEMENT.

(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

``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 take
or receive from another person 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 unless the other person provides to the lender a
written affidavit describing the nature of the default and the
date on which such default occurred.''.
(b) Technical and Conforming Amendments.--The Truth in
Lending Act (15 U.S.C. 1601 et seq.) is amended--
(1) in section 103, 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 if the understanding between the
parties is that any part of the money shall be or may
be returned;
``(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, secured, or
unsecured.''; and
(2) in section 130(a), by striking ``creditor'' each
place the term appears and inserting ``person''.

SEC. 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).''.

SEC. 3. 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 201), 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).

SEC. 4. PROTECTIONS FOR OBLIGORS AND COSIGNERS IN CASES OF DEATH OR
TOTAL AND PERMANENT DISABILITY.

(a) In General.--Section 140(g) of the Truth in Lending Act
(15 U.S.C. 1650) 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 may, upon request of the estate
of a deceased student obligor or, in the case of a
student obligor who incurs a total and permanent
disability, upon certification by a medical
professional of such total and permanent disability,
discharge the liability of the student obligor on the
loan and may not, after such a discharge--
``(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) 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 of the 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.
(c) Effective Date.--The amendments made by this section
shall take effect 1 year after the date of the enactment of
this Act.

SEC. 5. EXCLUSION OF PAID MEDICAL DEBT.

Section 605(a) of the Fair Credit Reporting Act (15 U.S.C.
1681c(a)) is amended by adding at the end the following:
``(9) Paid debt arising from the receipt of medically
necessary, non-elective medical services, products, or
devices which from the date of payment, antedate the
report by more than 1 year.''.

SEC. 6. OPT-OUT NOTICE FOR ELECTRONIC COMMUNICATIONS OR ATTEMPTS TO
COMMUNICATE.

Section 805 of the Fair Debt Collection Practices Act (15
U.S.C. 1692c), as amended by this Act, is further amended by
adding at the end the following new subsection:
``(f) Opt-out Notice for Electronic Communications or
Attempts to Communicate.--A debt collector who communicates or
attempts to communicate with a consumer electronically in
connection with the collection of a debt using a specific email
address, telephone number for text messages, or other
electronic-medium address shall include in such communication
or attempt to communicate a clear and conspicuous statement
describing a reasonable and simple method by which the consumer
can opt out of further electronic communications or attempts to
communicate by the debt collector to that address or telephone
number. The debt collector may not require, directly or
indirectly, that the consumer, in order to opt out, pay any fee
to the debt collector or provide any information other than the
consumer's opt-out preferences and the email address, telephone
number for text messages, or other electronic-medium address
subject to the opt-out request.''.

SEC. 7. EFFECTIVE DATE.

Except as otherwise provided, 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.
----------

10. An Amendment To Be Offered by Representative Newman of Illinois or
Her Designee, Debatable for 10 Minutes

Redesignate title IX as title X.
Redesignate section 901 as section 1001.
After title VIII insert the following:

TITLE IX--CONSUMER BILL OF RIGHTS

SEC. 901 CONSUMER BILL OF RIGHTS AGAINST ABUSIVE DEBT COLLECTION
PRACTICES.

(a) In General.--The Director shall, in consultation with
relevant stakeholders and experts that specialize in consumer
financial protection with respect to debt collection practices,
maintain a webpage on the website of the Bureau that outlines
consumer rights, protections, and remedies with respect to debt
collection practices.
(b) Accessibility.--
(1) In general.--The Director shall ensure that the
webpage established pursuant to subsection (a) is
easily accessible and understandable.
(2) Languages.--The Director may, as determined
appropriate by the Director, make the website available
in languages other than English.
(c) Contents.--The website established pursuant to subsection
(a) may include--
(1) a description of acceptable and unacceptable
practices that debt collectors may engage in while
attempting to collect debt; and
(2) know your rights information that--
(A) outlines actions a consumer may take if
they are experiencing abusive or inappropriate
debt collection practices;
(B) provides resources to take action to
prevent or stop abusive or inappropriate debt
collection practices;
(C) contact information and other available
resources for a consumer to learn more to
prevent or stop such abusive practices; and
(D) any other information the Bureau deems
appropriate to better inform consumers of their
rights with respect to debt collection
practices.
(d) Definitions.--In this section:
(1) The term ``Director'' means the Director of the
Bureau of Consumer Financial Protection.
(2) The term ``Bureau'' means the Bureau of Consumer
Financial Protection.
----------

11. An Amendment To Be Offered by Representative Omar of Minnesota or
Her Designee, Debatable for 10 Minutes

TITLE IX--REPORT ON EXPERIENCES OF DELINQUENT BORROWERS OF PRIVATE
EDUCATION LOANS

SEC. 901. REPORT ON EXPERIENCES OF DELINQUENT STUDENT LOAN BORROWERS.

Not later than 18 months after the date of the enactment of
this Act, the Director of the Bureau of Consumer Financial
Protection Bureau shall carry out a study and submit to
Congress a report on the consumer experiences and financial
impacts of debt collection practices on delinquent borrowers of
private education loans (as defined in section 140(a) of the
Truth in Lending Act (15 U.S.C. 1650(a)) and such report shall
include an analysis of--
(1) the frequency and nature of private student
lenders challenging undue hardship bankruptcy petitions
made by borrowers of private education loans; and
(2) whether private student lenders
disproportionately challenge undue hardship petitions
made by low-income or otherwise vulnerable borrowers of
private education loans.
----------

12. An Amendment To Be Offered by Representative Payne, Jr of New
Jersey or his Designee, Debatable for 10 Minutes

Page 17, line 24 strike ``and''.
Page 17, after line 24 add the following:
``(11) an analysis of the number of people unable to
pay a debt because a debt collector is unable to accept
a cash payment; and''.
Page 18, line 1, strike ``(11)'' and insert ``(12)''.
----------

13. An Amendment To Be Offered by Representative Ross of North Carolina
or Her Designee, Debatable for 10 Minutes

Redesignate title IX as title X.
Redesignate section 901 as section 1001.
After title VIII insert the following:

TITLE IX--REPORTS

SEC. 901. REPORT ON USE OF ELECTRONIC AND TELEPHONE COMMUNICATIONS IN
THE DEBT COLLECTION INDUSTRY.

Not later than 12 months after the date of the enactment of
this section, the Comptroller General of the United States
shall submit a report to the Committee on Financial Services of
the House of Representatives and the Committee on Banking,
Housing, and Urban Affairs of the Senate that--
(1) analyzes trends and impacts associated with the
use of electronic and telephone communications in the
debt collection industry, including a study of the
annoyance, abuse, and harassment of consumers by debt
collectors, and methods for reducing the frequency of
electronic and telephone communications by debt
collectors to consumers; and
(2) contains specific regulatory and legislative
proposals to accomplish those goals.
----------

14. An Amendment To Be Offered by Representative Williams of Georgia or
Her Designee, Debatable for 10 Minutes

Redesignate title IX as title X.
Redesignate section 901 as section 1001.
After title VIII insert the following:

TITLE IX--REPORTS

SEC. 901 REPORT ON DEBT COLLECTION PRACTICES AND RACIAL DISPARITIES.

Not later than 18 months after the date of the enactment of
this section, the Director of the Bureau of Consumer Financial
Protection shall submit a report to the Financial Services
Committee of the House of Representatives and Banking Committee
of the Senate that--
(1) identifies and analyzes racial disparities
relating to debt collection practices; and
(2) provides administrative and legislative
recommendations to address such disparities.