Congressional Record, House, May 13, 2021 — H.R. 2547 Comprehensive Debt Collection Improvement Act
Summary
Page H2276 of the House section of the Congressional Record for May 13, 2021, carrying the opening text of H.R. 2547, the Comprehensive Debt Collection Improvement Act. The table of contents lists Title I, the Small Business Lending Fairness Act, with sections on obligor transactions and enforcement of security interests, and Title II, the Fair Debt Collection Practices for Servicemembers Act. Mr. Meuser, during National Police Week, honors the men and women in blue, and another speaker says Biden administration policies are encouraging people to stay out of the workforce, which is that speaker's view. The page ends with a roll call listing Members answering present.
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“Congressional Record, House, May 13, 2021 — H.R. 2547 Comprehensive Debt Collection Improvement Act.”
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H2276 CONGRESSIONAL RECORD — HOUSE May 13, 2021
It defies all principles of free-market Law enforcement has faced unrelent- H.R. 2547
economics that we see ‘‘help wanted’’ ing political attacks as part of the Be it enacted by the Senate and House of Rep-
signs in shop windows across America defund the police movement. This is a resentatives of the United States of America in
the same day the Biden administration dangerous proposition that has already Congress assembled,
posted one of the worst jobs reports in proven to leave communities less safe. SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
recent memory. I respect, of course, the service and (a) SHORT TITLE.—This Act may be cited as
Why is that? At a time when over 150 sacrifices of our first responders, and I the ‘‘Comprehensive Debt Collection Improve-
million Americans have received vac- ment Act’’.
will continue to support them.
(b) TABLE OF CONTENTS.—The table of con-
cinations, and we are finally emerging f tents for this Act is as follows:
from the pandemic, why is the econ-
HONORING ALL MEN AND WOMEN Sec. 1. Short title; table of contents.
omy going in the wrong direction at an
IN BLUE TITLE I—SMALL BUSINESS LENDING
accelerating rate?
(Mr. MEUSER asked and was given FAIRNESS ACT
It is simple. Biden administration
policies are incentivizing people to re- permission to address the House for 1 Sec. 101. Short title.
minute and to revise and extend his re- Sec. 102. Obligor transactions.
main out of the workforce. Our govern- Sec. 103. Enforcement of security interests.
ment should be encouraging people to marks.)
Mr. MEUSER. Mr. Speaker, I rise TITLE II —FAIR DEBT COLLECTION
work, not implementing policies that PRACTICES FOR SERVICEMEMBERS ACT
jeopardize the livelihoods of Ameri- today, during this National Police
Week, to honor and thank all men and Sec. 201. Short title.
cans. Sec. 202. Enhanced protection against debt col-
f
women in blue who dutifully protect
lector harassment of
and serve our communities.
SAYING YES TO MOVING servicemembers.
Public safety is the most important Sec. 203. GAO study and report.
FORWARD TOGETHER factor in quality of life. In recent
TITLE III—PRIVATE LOAN DISABILITY
(Mr. RYAN asked and was given per- years, antipolice rhetoric and violence DISCHARGE ACT
mission to address the House for 1 have increased dramatically. In 2020
Sec. 301. Short title.
minute and to revise and extend his re- alone, 128 police officers were fallen Sec. 302. Protections for obligors and cosigners
marks.) and died in the line of duty, one of the in case of death or total and per-
Mr. RYAN. Mr. Speaker, we are at a deadliest in history for law enforce- manent disability.
crossroads coming out of this pan- ment. TITLE IV—CONSUMER PROTECTION FOR
demic. We are either going to decide, Fully aware of these dangers, more MEDICAL DEBT COLLECTIONS ACT
as a country, whether we are going to than 800,000 brave police officers across Sec. 401. Short title.
move forward together, or we are going America still faithfully put their lives Sec. 402. Amendments to the Fair Debt Collec-
to double down on the past and the bad on the line to protect each of us every tion Practices Act.
economy. day. That is 0.25 percent who protects Sec. 403. Prohibition on consumer reporting
In the rescue package, 2.3 million all the rest. agencies reporting certain medical
Ohioan children will get $3,000 or $3,600 On Tuesday, I was honored to join po- debt.
lice officers from Lebanon County, in Sec. 404. Requirements for furnishers of medical
to stabilize themselves, to pull them
my district, at a ceremony honoring of- debt information.
out of poverty. And the Republicans
ficers who made the ultimate sacrifice. TITLE V—ENDING DEBT COLLECTION
said no.
I thank Pier Hess Graf, the Lebanon HARASSMENT ACT
We had pension reform in that.
Forty-thousand Ohioans will now be County district attorney, for handling, Sec. 501. Short title.
running, and emceeing the event. Sec. 502. Consumer protections relating to debt
made whole instead of losing half their collection practices.
pension. Republicans said no. I joined many Republican colleagues
this morning on a bike rally led by TITLE VI—STOP DEBT COLLECTION ABUSE
We want to do infrastructure. Repub-
ACT
licans said no. Leader MCCARTHY to the National Law
We want money for State and local Enforcement Officers Memorial, where Sec. 601. Short title.
Sec. 602. Definitions.
governments for hazard pay. Repub- we honored our Nation’s fallen police
Sec. 603. Debt collection practices for debt col-
licans say no. officers. lectors hired by Federal agencies.
Mr. Speaker, if we removed the word As the son of a police officer, Detec- Sec. 604. Unfair practices.
‘‘no’’ from the vocabulary of the people tive Stanley Meuser, I know well the Sec. 605. GAO study and report.
of the United States, the Republicans tremendous sacrifices our police offi- TITLE VII—DEBT COLLECTION PRACTICES
would be speechless. cers and their loved ones make. This HARMONIZATION ACT
f week, and always, we all owe our police Sec. 701. Short title.
officers and their families all of our Sec. 702. Award of damages.
RESPECTING SERVICE OF FIRST support. Sec. 703. Prohibition on the referral of emer-
RESPONDERS gency individual assistance debt.
f
(Mr. BILIRAKIS asked and was given TITLE VIII—NON-JUDICIAL FORECLOSURE
permission to address the House for 1 COMPREHENSIVE DEBT DEBT COLLECTION CLARIFICATION ACT
minute and to revise and extend his re- COLLECTION IMPROVEMENT ACT
Sec. 801. Short title.
marks.) Ms. WATERS. Mr. Speaker, pursuant Sec. 802. Enforcement of security interests.
Mr. BILIRAKIS. Mr. Speaker, I rise to House Resolution 380, I call up the TITLE IX—MISCELLANEOUS PROVISIONS
today to acknowledge National Police bill (H.R. 2547) to expand and enhance Sec. 901. Discretionary surplus funds.
Week. consumer, student, servicemember, and Sec. 902. Effective date.
There have been 124 police officers small business protections with respect TITLE I—SMALL BUSINESS LENDING
killed in the line of duty this year, un- to debt collection practices, and for FAIRNESS ACT
fortunately, including two of my con- other purposes, and ask for its imme- SEC. 101. SHORT TITLE.
stituents, Deputy Michael Magli and diate consideration in the House. This title may be cited as the ‘‘Small Business
Master Patrol Officer Jesse Madsen. The Clerk read the title of the bill. Lending Fairness Act’’.
I went to the funeral services of our The SPEAKER pro tempore (Mr.
SEC. 102. OBLIGOR TRANSACTIONS.
heroes, Mr. Speaker, and shared the an- STANTON). Pursuant to House Resolu-
(a) IN GENERAL.—Chapter 2 of the Truth in
guish of their loved ones. They leave tion 380, the amendment in the nature Lending Act (15 U.S.C. 1631 et seq.) is amended
behind a distinguished legacy of serv- of a substitute recommended by the by adding at the end the following:
ice and sacrifice that deserves to be Committee on Financial Services, ‘‘§ 140B. Unfair credit practices
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honored. printed in the bill, modified by the
‘‘(a) IN GENERAL.—In connection with the ex-
This week, I was proud to cosponsor amendment printed in part A of House tension of credit or creation of debt in or affect-
legislation that would increase pen- Report 117–29, is adopted and the bill, ing commerce, as defined in section 4 of the Fed-
alties for crimes targeting law enforce- as amended, is considered read. eral Trade Commission Act (15 U.S.C. 44), in-
ment and strengthen funding for law The text of the bill, as amended, is as cluding any advance of funds or sale or assign-
enforcement programs. follows: ment of future income or receivables that may or
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May 13, 2021 CONGRESSIONAL RECORD — HOUSE H2277
may not be credit, no person may directly or in- ‘‘(A) a reduction in rank of the covered mem- is totally and permanently disabled, as such
directly take or receive from another person or ber; term is defined in section 685.102(b) of title 34,
seek to enforce an obligation that constitutes or ‘‘(B) a revocation of the covered member’s se- Code of Federal Regulations.’’.
contains a cognovit or confession of judgment curity clearance; or (b) RULEMAKING.—The Director of the Bureau
(for purposes other than executory process in ‘‘(C) prosecution under chapter 47 of title 10, of Consumer Financial Protection may issue
the State of Louisiana), warrant of attorney, or United States Code (the Uniform Code of Mili- rules to implement the amendments made by
other waiver of the right to notice and the op- tary Justice).’’. subsection (a) as the Director determines appro-
portunity to be heard in the event of suit or SEC. 203. GAO STUDY AND REPORT. priate.
process thereon. (a) STUDY.—The Comptroller General of the TITLE IV—CONSUMER PROTECTION FOR
‘‘(b) EXEMPTION.—The exemptions described United States shall conduct a study on the im- MEDICAL DEBT COLLECTIONS ACT
in section 104 shall not apply to this section.’’. pact of debt collection on covered members (as SEC. 401. SHORT TITLE.
(b) TECHNICAL AND CONFORMING AMEND- defined under section 805(e)(1) of the Fair Debt
MENTS.—
This title may be cited as the ‘‘Consumer Pro-
Collection Practices Act, as added by section tection for Medical Debt Collections Act’’.
(1) Section 130 of the Truth in Lending Act (15 202), which shall—
U.S.C. 1640) is amended by adding at the end SEC. 402. AMENDMENTS TO THE FAIR DEBT COL-
(1) identify types of false, deceptive, mis- LECTION PRACTICES ACT.
the following: leading, unfair, abusive, and harassing debt col-
‘‘(m) CREDITOR.—In this section, the term (a) DEFINITION.—Section 803 of the Fair Debt
lection practices experienced by covered mem-
‘creditor’ refers to any person charged with Collection Practices Act (15 U.S.C. 1692a) is
bers and make recommendations to eliminate
compliance that is not the obligor.’’. amended by adding at the end the following:
these practices;
(2) The table of sections in chapter 2 of the ‘‘(9) The term ‘medical debt’ means a debt
(2) identify collection practices of creditors
Truth in Lending Act (15 U.S.C. 1631 et seq.) is arising from the receipt of medical services,
and debt collectors experienced by covered mem-
amended by adding at the end the following: products, or devices.’’.
bers;
(b) UNFAIR PRACTICES.—Section 808 of the
‘‘140B. Unfair credit practices.’’. (3) discuss the effect of these practices on mili-
Fair Debt Collection Practices Act (15 U.S.C.
SEC. 103. ENFORCEMENT OF SECURITY INTER- tary readiness; and
1692f), as amended by section 202(b), is amended
ESTS. (4) discuss any national security implications,
by adding at the end the following:
Section 103 of the Truth in Lending Act (15 including the extent to which covered members
‘‘(10) Engaging in activities to collect or at-
U.S.C. 1602) is amended by adding at the end with security clearances would be impacted by
tempting to collect a medical debt before the end
the following: uncollected debt.
of the 2-year period beginning on the date that
‘‘(ff) The term ‘debt’ means any obligation of (b) REPORT.—Not later than one year after
the first payment with respect to such medical
a person to pay to another person money— the date of enactment of this Act, the Comp-
debt is due.’’.
‘‘(1) that includes the right of the person pro- troller General of the United States shall submit
SEC. 403. PROHIBITION ON CONSUMER REPORT-
viding the money to a legal or an equitable rem- to Congress a report on the completed study re-
ING AGENCIES REPORTING CERTAIN
edy for breach of performance if the breach quired under subsection (a). MEDICAL DEBT.
gives rise to a right to payment; and TITLE III—PRIVATE LOAN DISABILITY (a) DEFINITION.—Section 603 of the Fair Cred-
‘‘(2) regardless of whether the obligation or DISCHARGE ACT it Reporting Act (15 U.S.C. 1681a) is amended by
right to a remedy described in paragraph (1) is
SEC. 301. SHORT TITLE. adding at the end the following:
absolute or contingent, has been reduced to ‘‘(bb) MEDICAL DEBT.—The term ‘medical
This title may be cited as the ‘‘Private Loan
judgment, is fixed, matured, unmatured, dis- debt’ means a debt arising from the receipt of
Disability Discharge Act of 2021’’.
puted, undisputed, recourse, nonrecourse, se- medical services, products, or devices.
cured, or unsecured’’. SEC. 302. PROTECTIONS FOR OBLIGORS AND CO-
SIGNERS IN CASE OF DEATH OR ‘‘(cc) MEDICALLY NECESSARY PROCEDURE.—
TITLE II —FAIR DEBT COLLECTION TOTAL AND PERMANENT DIS- The term ‘medically necessary procedure’
PRACTICES FOR SERVICEMEMBERS ACT ABILITY. means—
SEC. 201. SHORT TITLE. (a) IN GENERAL.—Section 140(g) of the Truth ‘‘(1) health care services or supplies needed to
This title may be cited as the ‘‘Fair Debt Col- in Lending Act (15 U.S.C. 1650(g)) is amended— diagnose or treat an illness, injury, condition,
lection Practices for Servicemembers Act’’. (1) in paragraph (2)— disease, or its symptoms and that meet accepted
SEC. 202.
ENHANCED PROTECTION AGAINST (A) in the heading, by striking ‘‘IN CASE OF standards of medicine; and
DEBT COLLECTOR HARASSMENT OF DEATH OF BORROWER’’; ‘‘(2) health care to prevent illness or detect ill-
SERVICEMEMBERS. (B) in subparagraph (A), by inserting after ness at an early stage, when treatment is likely
(a) COMMUNICATION IN CONNECTION WITH ‘‘of the death’’, the following: ‘‘or total and per- to work best (including preventive services such
DEBT COLLECTION.—Section 805 of the Fair Debt manent disability’’; and as pap tests, flu shots, and screening mammo-
Collection Practices Act (15 U.S.C. 1692c) is (C) in subparagraph (C), by inserting after grams).’’.
amended by adding at the end the following: ‘‘of the death’’, the following: ‘‘or total and per- (b) IN GENERAL.—Section 605(a) of the Fair
‘‘(e) COMMUNICATIONS CONCERNING SERVICE- manent disability’’; and Credit Reporting Act (15 U.S.C. 1681c(a)) is
MEMBER DEBTS.— (2) by adding at the end the following: amended by adding at the end the following
‘‘(1) DEFINITION.—In this subsection, the term ‘‘(3) DISCHARGE IN CASE OF DEATH OR TOTAL new paragraphs:
‘covered member’ means— AND PERMANENT DISABILITY OF BORROWER.—The ‘‘(9) Any information related to a debt arising
‘‘(A) a covered member or a dependent as de- holder of a private education loan shall, when from a medically necessary procedure.
fined in section 987(i) of title 10, United States notified of the death or total and permanent dis- ‘‘(10) Any information related to a medical
Code; and ability of a student obligor (and any cosigner), debt, if the date on which such debt was placed
‘‘(B)(i) an individual who was separated, dis- discharge the liability of the student obligor on for collection, charged to profit or loss, or sub-
charged, or released from duty described in such the loan and may not, after such notification— jected to any similar action antedates the report
section 987(i)(1), but only during the 365-day pe- ‘‘(A) attempt to collect on the outstanding li- by less than 365 calendar days.’’.
riod beginning on the date of separation, dis- ability of the student obligor; and SEC. 404. REQUIREMENTS FOR FURNISHERS OF
charge, or release; or ‘‘(B) in the case of total and permanent dis- MEDICAL DEBT INFORMATION.
‘‘(ii) a person, with respect to an individual ability, monitor the disability status of the stu- (a) ADDITIONAL NOTICE REQUIREMENTS FOR
described in clause (i), described in subpara- dent obligor at any point after the date of dis- MEDICAL DEBT.—Section 623 of the Fair Credit
graph (A), (D), (E), or (I) of section 1072(2) of charge. Reporting Act (15 U.S.C. 1681s-2) is amended by
title 10, United States Code. ‘‘(4) PRIVATE DISCHARGE IN CASES OF CERTAIN adding at the end the following:
‘‘(2) PROHIBITIONS.—A debt collector may not, DISCHARGE FOR DEATH OR DISABILITY.—The ‘‘(f) ADDITIONAL NOTICE REQUIREMENTS FOR
in connection with the collection of any debt of holder of a private education loan shall, when MEDICAL DEBT.—Before furnishing information
a covered member— notified of the discharge of liability of a student regarding a medical debt of a consumer to a
‘‘(A) threaten to have the covered member re- obligor on a loan described under section consumer reporting agency, the person fur-
duced in rank; 108(f)(5)(A) of the Internal Revenue Code of nishing the information shall send a statement
‘‘(B) threaten to have the covered member’s 1986, discharge any liability of the student obli- to the consumer that includes the following:
security clearance revoked; or gor (and any cosigner) on any private education ‘‘(1) A notification that the medical debt—
‘‘(C) threaten to have the covered member loan which the private education loan holder ‘‘(A) may not be included on a consumer re-
prosecuted under chapter 47 of title 10, United holds and may not, after such notification— port made by a consumer reporting agency until
States Code (the Uniform Code of Military Jus- ‘‘(A) attempt to collect on the outstanding li- the later of the date that is 365 days after—
tice).’’. ability of the student obligor; and ‘‘(i) the date on which the person sends the
(b) UNFAIR PRACTICES.—Section 808 of the ‘‘(B) in the case of total and permanent dis- statement;
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Fair Debt Collection Practices Act (15 U.S.C. ability, monitor the disability status of the stu- ‘‘(ii) with respect to the medical debt of a bor-
1692f) is amended by adding at the end the fol- dent obligor at any point after the date of dis- rower demonstrating hardship, a date deter-
lowing: charge. mined by the Director of the Bureau; or
‘‘(9) The representation to any covered mem- ‘‘(5) TOTAL AND PERMANENT DISABILITY DE- ‘‘(iii) the date described under section
ber (as defined under section 805(e)(1)) that fail- FINED.—For the purposes of this subsection and 605(a)(10); and
ure to cooperate with a debt collector will result with respect to an individual, the term ‘total ‘‘(B) may not ever be included on a consumer
in— and permanent disability’ means the individual report made by a consumer reporting agency, if
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H2278 CONGRESSIONAL RECORD — HOUSE May 13, 2021
the medical debt arises from a medically nec- (b) LIMITATION ON DEBT COLLECTION RULES.— (3) in paragraph (6)—
essary procedure. Section 1022 of the Consumer Financial Protec- (A) by redesignating subparagraphs (A)
‘‘(2) A notification that, if the debt is settled tion Act of 2010 (12 U.S.C. 5512) is amended by through (F) as clauses (i) through (vi), respec-
or paid by the consumer or an insurance com- adding at the end the following: tively;
pany before the end of the period described ‘‘(e) LIMITATION ON DEBT COLLECTION (B) in clause (iii), as so redesignated, by in-
under paragraph (1)(A), the debt may not be re- RULES.—The Director may not issue any rule serting ‘‘(not including an independent con-
ported to a consumer reporting agency. with respect to debt collection that does not pro- tractor)’’ after ‘‘any State’’;
‘‘(3) A notification that the consumer may— hibit a debt collector to send unlimited email (C) by amending clause (vi), as so redesig-
‘‘(A) communicate with an insurance com- and text messages to a consumer.’’. nated, to read as follows:
pany to determine coverage for the debt; or (c) PROTECTION OF CONSUMERS FROM UNLIM- ‘‘(vi) any person collecting or attempting to
‘‘(B) apply for financial assistance.’’. ITED TEXTS AND EMAILS USED IN DEBT COLLEC- collect any debt owed or due or asserted to be
(b) FURNISHING OF MEDICAL DEBT INFORMA- TION.—Section 806 of the Fair Debt Collection owed or due another to the extent such activ-
TION.—Section 623 of the Fair Credit Reporting Practices Act (15 U.S.C. 1692d) is amended by ity—
Act (15 U.S.C. 1681s-2), as amended by sub- adding at the end the following new paragraph: ‘‘(I) is incidental to a bona fide fiduciary obli-
section (a), is further amended by adding at the ‘‘(7) Contacting the consumer electronically gation or a bona fide escrow arrangement;
end the following: (including by email or text message) without ‘‘(II) concerns a debt which was originated by
‘‘(g) FURNISHING OF MEDICAL DEBT INFORMA- consent of the consumer to communicate via such person;
TION.— that method, after such consent has been with- ‘‘(III) concerns a debt which was not in de-
‘‘(1) PROHIBITION ON REPORTING DEBT RE- drawn, or more frequently than the consumer fault at the time it was obtained by such person;
LATED TO MEDICALLY NECESSARY PROCEDURES.— consents to be contacted.’’. or
No person shall furnish any information to a (d) ENSURING CONSUMERS RECEIVE NOTICE OF ‘‘(IV) concerns a debt obtained by such person
consumer reporting agency regarding a debt DEBT COLLECTION PROTECTIONS.—Section 809(a) as a secured party in a commercial credit trans-
arising from a medically necessary procedure. of the Fair Debt Collection Practices Act (15 action involving the creditor.’’;
‘‘(2) TREATMENT OF OTHER MEDICAL DEBT IN- U.S.C. 1692g(a)) is amended in the matter pre- (D) by striking the paragraph designation and
FORMATION.—With respect to a medical debt not ceding paragraph (1)— the first and second sentences and inserting the
described under paragraph (1), no person shall (1) by striking ‘‘Within five days’’ and all that
following:
furnish any information to a consumer report- follows through ‘‘any debt,’’ and inserting the
‘‘(6)(A) The term ‘debt collector’ means—
ing agency regarding such debt before the end following: ‘‘NOTICE OF DEBT; CONTENTS.—With- ‘‘(i) any person who uses any instrumentality
of the 365-day period beginning on the later of— in five days after the initial communication
of interstate commerce or the mails in any busi-
‘‘(A) the date on which the person sends the with a consumer in connection with the collec-
ness the principal purpose of which is the collec-
statement described under subsection (f) to the tion of any debt,’’; and
(2) by striking ‘‘, unless the following infor- tion of any debts;
consumer; ‘‘(ii) any person who regularly collects or at-
‘‘(B) with respect to the medical debt of a bor- mation is contained in the initial communica-
tempts to collect, directly or indirectly, by the
rower demonstrating hardship, a date deter- tion or the consumer has paid the debt,’’.
(e) IMPROVED LIMITATIONS ON DEBT COLLEC- person’s own means or by hiring another debt
mined by the Director of the Bureau; or collector, debts owed or due or asserted to be
‘‘(C) the date described in section 605(a)(10). TION RULES.—Section 814(d) of the Fair Debt
Collection Practices Act (15 U.S.C. 1692l(d)) is owed or due another or that have been obtained
‘‘(3) TREATMENT OF SETTLED OR PAID MEDICAL by assignment or transfer from another;
DEBT.—With respect to a medical debt not de- amended by adding at the end the following:
‘‘Such rules— ‘‘(iii) any person who regularly collects debts
scribed under paragraph (1), no person shall currently or originally owed or allegedly owed
furnish any information to a consumer report- ‘‘(1) may not allow a debt collector to send
unlimited electronic communications to a con- to a Federal or State agency or court; or
ing agency regarding such debt if the debt is set- ‘‘(iv) notwithstanding subparagraph (B)(vi),
tled or paid by the consumer or an insurance sumer;
‘‘(2) shall require debt collectors to obtain con- any creditor who in the process of collecting
company before the end of the 365-day period debts of such creditor, uses another name that
sent directly from consumers before contacting
described under paragraph (2). would indicate that a third person is collecting
‘‘(4) BORROWER DEMONSTRATING HARDSHIP DE- them using a method other than by postal mail
or by telephone; or attempting to collect such debts.’’; and
FINED.—In this subsection, and with respect to a
‘‘(3) may not waive the requirements of the (E) in the fourth sentence, by striking ‘‘The
medical debt, the term ‘borrower demonstrating term does not include’’ and inserting the fol-
Electronic Signatures in Global and National
hardship’ means a borrower or a class of bor- lowing:
Commerce Act (15 U.S.C. 7001 et seq.); and
rowers who, as determined by the Director of ‘‘(4) shall allow consumers to opt out of any ‘‘(B) The term does not include’’.
the Bureau, is facing or has experienced extenu- method of communication that the debt collector SEC. 603. DEBT COLLECTION PRACTICES FOR
ating life circumstances or events that result in uses to communicate with consumers, including DEBT COLLECTORS HIRED BY FED-
severe financial or personal barriers such that a method for which such consumer had given ERAL AGENCIES.
the borrower or class of borrowers does not have prior consent.’’. (a) IN GENERAL.—The Fair Debt Collection
the capacity to repay the medical debt.’’. Practices Act (15 U.S.C. 1692 et seq.) is amended
TITLE VI—STOP DEBT COLLECTION ABUSE
TITLE V—ENDING DEBT COLLECTION ACT by inserting after section 812 (15 U.S.C. 1692j)
HARASSMENT ACT the following:
SEC. 601. SHORT TITLE.
SEC. 501. SHORT TITLE. This title may be cited as the ‘‘Stop Debt Col- ‘‘§ 812A. Debt collection practices for debt col-
This title may be cited as the ‘‘Ending Debt lection Abuse Act of 2021’’. lectors hired by Federal agencies
Collection Harassment Act of 2021’’. SEC. 602. DEFINITIONS. ‘‘(a) LIMITATION ON TIME TO TURN DEBT
SEC. 502. CONSUMER PROTECTIONS RELATING Section 803 of the Fair Debt Collection Prac- OVER TO DEBT COLLECTOR.—A Federal agency
TO DEBT COLLECTION PRACTICES. that is a creditor may not sell or transfer a debt
tices Act (15 U.S.C. 1692a) is amended—
(a) REPORTS ON DEBT COLLECTION COM- (1) in paragraph (4), by striking ‘‘facilitating described in section 803(5)(B) to a debt collector
PLAINTS AND ENFORCEMENT ACTIONS.— collection of such debt for another’’ and insert- earlier than 90 days after the date on which the
(1) SEMI-ANNUAL REPORT.—Section 1016(c) of ing ‘‘collection of such debt’’; obligation or alleged obligation becomes delin-
the Consumer Financial Protection Act of 2010 (2) by amending paragraph (5) to read as fol- quent or defaults.
(12 U.S.C. 5496(c)) is amended— lows: ‘‘(b) REQUIRED NOTICE.—
(A) in paragraph (8), by striking ‘‘and’’ at the ‘‘(5) The term ‘debt’ means any obligation or ‘‘(1) IN GENERAL.—Before transferring or sell-
end; alleged obligation of a consumer— ing a debt described in section 803(5)(B) to a
(B) in paragraph (9), by striking the period at ‘‘(A) to pay money arising out of a trans- debt collector or contracting with a debt col-
the end and inserting a semicolon; and action in which the money, property, insurance lector to collect such a debt, a Federal agency
(C) by adding at the end the following: or services which are the subject of the trans- shall notify the consumer not fewer than 3 times
‘‘(10) an analysis of the consumer complaints action are primarily for personal, family, or that the Federal agency will take such action.
received by the Bureau with respect to debt col- household purposes, whether or not such obliga- ‘‘(2) FREQUENCY OF NOTIFICATIONS.—The sec-
lection, including a State-by-State breakdown of tion has been reduced to judgment; ond and third notifications described in para-
such complaints; and ‘‘(B) to pay a loan, overpayment, fine, pen- graph (1) shall be made not less than 30 days
‘‘(11) a list of enforcement actions taken alty, restitution, fee, or other money currently after the date on which the previous notifica-
against debt collectors during the preceding or originally owed to or guaranteed by a Fed- tion is made.’’.
year.’’. eral or State government, including any courts
(2) ANNUAL REPORT.—Section 815(a) of the (b) CLERICAL AMENDMENT.—The table of con-
or agencies; or tents for the Fair Debt Collection Practices Act
Fair Debt Collection Practices Act (15 U.S.C. ‘‘(C) which is secured by real or personal
1692m(a)) is amended by adding at the end the is amended by inserting after the item relating
property that is used or was obtained primarily
to section 812 the following:
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following new sentence: ‘‘Each such report shall for personal, family, or household purposes,
also include an analysis of the impact of elec- where such property is subject to forfeiture or ‘‘812A. Debt collection practices for debt collec-
tronic communications by debt collectors on con- repossession upon nonpayment of the obligation tors hired by Federal agencies.’’.
sumer experiences with debt collection, includ- or alleged obligation. SEC. 604. UNFAIR PRACTICES.
ing a consideration of consumer complaints ‘‘The enforcement of a debt described in sub- Section 808 of the Fair Debt Collection Prac-
about the use of electronic communications in paragraph (C) is deemed to be a collection of a tices Act (15 U.S.C. 1692f) is amended by striking
debt collection.’’. debt.’’; and paragraph (1) and inserting the following:
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May 13, 2021 CONGRESSIONAL RECORD — HOUSE H2279
‘‘(1) The collection of any amount (including (1) IN GENERAL.—Section 813 of the Fair Debt ‘‘334. Prohibition on the referral of emergency
any interest, fee, charge, or expense incidental Collection Practices Act (15 U.S.C. 1692k) is individual assistance debt.’’.
to the principal obligation) unless— amended— TITLE VIII—NON-JUDICIAL FORECLOSURE
‘‘(A) such amount is expressly authorized by (A) in subsection (a)(2)— DEBT COLLECTION CLARIFICATION ACT
the agreement creating the debt or permitted by (i) in subparagraph (A), by striking ‘‘; or’’
SEC. 801. SHORT TITLE.
law; and and inserting the following: ‘‘with respect to
‘‘(B) in the case of any amount charged by a any one action taken by a debt collector in vio- This title may be cited as the ‘‘Non-Judicial
debt collector collecting a debt described in sec- lation of this subchapter; or’’; Foreclosure Debt Collection Clarification Act’’.
tion 803(5)(B), such amount is— (ii) in subparagraph (B)(ii), by striking ‘‘or 1 SEC. 802. ENFORCEMENT OF SECURITY INTER-
‘‘(i) reasonable in relation to the actual costs per centum of the net worth of the debt col- ESTS.
of the collection; lector; and’’ and inserting the following: ‘‘or 5 Section 803(6) of the Fair Debt Collection
‘‘(ii) authorized by a contract between the percent of the gross annual revenue of the debt Practices Act (15 U.S.C. 1692a(6)) is further
debt collector and the Federal or State govern- collector; and’’; amended by striking ‘‘For the purpose of section
ment; and (B) in subsection (b), by inserting ‘‘the max- 808(6), such term also includes any person who
‘‘(iii) not greater than 10 percent of the imum amount of statutory damages at the time uses any instrumentality of interstate commerce
amount collected by the debt collector.’’. of noncompliance,’’ before ‘‘the frequency’’ each or the mails in any business the principal pur-
SEC. 605. GAO STUDY AND REPORT. place it appears; and pose of which is the enforcement of security in-
(a) STUDY.—The Comptroller General of the (C) by adding at the end the following: terests.’’.
United States shall commence a study on the use ‘‘(f) ADJUSTMENT FOR INFLATION.— TITLE IX—MISCELLANEOUS PROVISIONS
of debt collectors by Federal and State govern- ‘‘(1) INITIAL ADJUSTMENT.—Not later than 90 SEC. 901. DISCRETIONARY SURPLUS FUNDS.
ment agencies, including— days after the date of the enactment of this sub-
(1) the powers given to the debt collectors by (a) IN GENERAL.—The dollar amount specified
section, the Bureau shall provide a percentage
Federal and State government agencies; under section 7(a)(3)(A) of the Federal Reserve
increase (rounded to the nearest multiple of $100
(2) the contracting process that allows a Fed- Act (12 U.S.C. 289(a)(3)(A)) is reduced by
or $1,000, as applicable) in the amounts set forth
eral and State government agency to award debt $2,900,000,000.
in this section equal to the percentage by
collection to a certain company, including the (b) EFFECTIVE DATE.—The amendment made
which—
selection process; by subsection (a) shall take effect on September
‘‘(A) the Consumer Price Index for All Urban
(3) any fees charged to debtors in addition to 30, 2031.
Consumers (all items, United States city aver-
principal and interest on the outstanding debt; age) for the 12-month period ending on the June SEC. 902. EFFECTIVE DATE.
(4) how the fees described in paragraph (3) 30 preceding the date on which the percentage This Act and the amendments made by this
vary from State to State; increase is provided, exceeds Act shall take effect on the date that is 180 days
(5) consumer protection at the Federal and after the date of enactment of this Act.
‘‘(B) the Consumer Price Index for the 12-
State level that offer recourse to those whom
month period preceding January 1, 1978. The SPEAKER pro tempore. The bill,
debts have been wrongfully attributed; ‘‘(2) ANNUAL ADJUSTMENTS.—With respect to
(6) the revenues received by debt collectors as amended, shall be debatable for 1
any fiscal year beginning after the date of the
from Federal and State government agencies; hour equally divided and controlled by
(7) the amount of any revenue sharing agree- increase provided under paragraph (1), the Bu-
reau shall provide a percentage increase (round- the chair and ranking minority mem-
ments between debt collectors and Federal and ber of the Committee on Financial
State government agencies; ed to the nearest multiple of $100 or $1,000, as
(8) the difference in debt collection procedures applicable) in the amounts set forth in this sec- Services.
across geographic regions, including the extent tion equal to the percentage by which— The gentlewoman from California
to which debt collectors pursue court judgments ‘‘(A) the Consumer Price Index for All Urban (Ms. WATERS) and the gentleman from
to collect debts; Consumers (all items, United States city aver- North Carolina (Mr. MCHENRY) each
(9) information regarding the amount col- age) for the 12-month period ending on the June will control 30 minutes.
lected by Federal and State government agencies 30 preceding the beginning of the fiscal year for
The Chair recognizes the gentle-
through debt collectors, including the total which the increase is made, exceeds
‘‘(B) the Consumer Price Index for the 12- woman from California.
amount and the percentage of the amount re-
ferred to the debt collectors; month period preceding the 12-month period de- b 1230
(10) the full cost of outsourcing collection to scribed in subparagraph (A).’’.
(2) APPLICABILITY.—The increases made under GENERAL LEAVE
debt collectors;
(11) government agency oversight of debt col- section 813(f) of the Fair Debt Collection Prac- Ms. WATERS. Mr. Speaker, I ask
lectors to ensure that the rights of a consumer tices Act, as added by paragraph (1)(C) of this unanimous consent that a1l Members
(as defined in section 803(3) of the Fair Debt subsection, shall apply with respect to failures may have 5 legislative days within
Collection Practices Act (15 U.S.C. 1692a(3))) are to comply with a provision of such Act (15 which to revise and extend their re-
protected and that any debt relief and payment U.S.C. 1601 et seq.) occurring on or after the
marks on H.R. 2547 and to include ex-
options legally available to consumers is effec- date of enactment of this section.
(b) INJUNCTIVE RELIEF.—Section 813(d) of the traneous material thereon.
tively communicated and made available;
(12) the extent to which Federal and State Fair Debt Collection Practices Act (15 U.S.C. The SPEAKER pro tempore. Is there
contracts with debt collectors reflect or omit ef- 1692k(d)) is amended by adding at the end the objection to the request of the gentle-
fective measures to encourage debt collectors to following: ‘‘In a civil action alleging a violation woman from California?
align their practices with public policy concerns of this title, the court may award appropriate There was no objection.
(including relief for consumers experiencing fi- relief, including injunctive relief.’’. Ms. WATERS. Mr. Speaker, I yield
nancial hardship) beyond maximizing debt col- SEC. 703. PROHIBITION ON THE REFERRAL OF myself such time as I may consume.
lection; EMERGENCY INDIVIDUAL ASSIST-
ANCE DEBT. Mr. Speaker, I rise in strong support
(13) the extent to which debt collectors induce
payment through use or threat of adverse gov- Chapter 3 of title 31, United States Code, is of my legislation, H.R. 2547, the Com-
ernment actions, such as arrest warrants or sus- amended— prehensive Debt Collection Improve-
pension of licenses or vehicle registration; and (1) in subchapter II, by adding at the end the ment Act.
(14) demographic data, including race and in- following: H.R. 2547 is a package of bills de-
come information, regarding the individuals ‘‘§ 334. Prohibition on the referral of emer- signed to bring new protections, fair-
subject to private collection of debts owed to gency individual assistance debt ness, accuracy, and transparency to
government entities. ‘‘With respect to any assistance provided by the debt collection industry.
(b) REPORT.—Not later than one year after the Federal Emergency Management Agency to
the date of enactment of this Act, the Comp-
Individuals and families across this
an individual or household pursuant to the country have long struggled with debt,
troller General of the United States shall submit Robert T. Stafford Disaster Relief and Emer-
to Congress a report on the completed study re- including medical debt, student loan
gency Assistance Act (42 U.S.C. 5122 et seq.), if
quired under subsection (a). the Secretary of the Treasury seeks to recoup debt, and other debts. They often face
(c) STATE DEFINED.—For the purposes of this difficult decisions regarding how to pay
any amount of such assistance because of an
section, the term ‘‘State’’ has the meaning given off their debts.
overpayment, the Secretary may not contract
the term section 803 of the Fair Debt Collection During the pandemic crisis, which
with any debt collector as defined in section
Practices Act.
803(6) of the Fair Debt Collection Practices Act has harmed all of our communities,
TITLE VII—DEBT COLLECTION PRACTICES (15 U.S.C. 1692a(6)) or other private party to col- debt collectors have earned record
HARMONIZATION ACT
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lect such amounts, unless the overpayment oc- profits. Their tactics are often divisive
SEC. 701. SHORT TITLE. curred because of fraud or deceit and the recipi-
This title may be cited as the ‘‘Debt Collection
and predatory. Many debt collectors
ent of such assistance knew or should have
Practices Harmonization Act’’. known about such fraud or deceit.’’; and
harass consumers with frequent phone
SEC. 702. AWARD OF DAMAGES. (2) in the table of contents for such chapter, calls, make threats, and provide mis-
(a) ADDITIONAL DAMAGES INDEXED FOR INFLA- by inserting after the item relating to section 333 leading information to consumers. The
TION.— the following: debt collection industry is also plagued
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H2280 CONGRESSIONAL RECORD — HOUSE May 13, 2021
by poor recordkeeping, resulting in Once again, under the guise of con- I think that bill makes sense, right?
many consumers being harassed for sumer support, Democrats are trying If people repay their medical debt, I
debts they do not owe. to implement their long-held partisan think we should acknowledge that on
Debt collection is among the top priorities. That is what we have seen a credit reports.
issues that the Consumer Financial lot of in this Congress. But if it’s elective surgery or if it is
Protection Bureau receives the most Democrats are trying to sell H.R. 2547 perhaps something medically of their
complaints about from consumers, and to the American people as a necessary own choosing, I think they should have
those complaints have risen since 2019. action to help families and small busi- to pay for that. And if they don’t pay
This bill, H.R. 2547, brings new ac- nesses hardest hit by the economic im- for those services, it should be on their
countability to the debt collection in- pacts of COVID–19. It is not. credit report. I think these things
dustry and stronger protections for The truth is, this bill is just a redo of make sense. I think there are ways we
consumers from harassment and abuse, several partisan bills that we had from can ensure we have accurate reporting.
including by banning abusive confes- last Congress, pre-COVID. If there was Accurate reporting and full repay-
sions of judgment that have hurt small any question as to whether or not ment allows the credit markets to
businesses, prohibiting debt collectors Democrats viewed the pandemic as a work smoothly and to accurately ac-
from harassing and threatening serv- ‘‘tremendous opportunity to restruc- count for risk. This, in turn, allows the
financial system to continue to provide
icemembers, barring collection of med- ture things to fit their vision,’’ this bill
low-cost credit to those who need it
ical debts from 2 years after the debt is proves it.
most.
incurred, prohibiting debt collectors This bill is more about catering to
Democrats also want to undermine
from contacting consumers by email or progressive lobbyists and stakeholders the CFPB’s work to finalize its debt
text message without a consumer’s af- who have long sought to tear down the collection rule last fall. This rule was
firmative consent, limiting egregious pillars of our credit markets and finan- the result of more than 7 years of re-
debt collection fees that have dis- cial system. search, analysis, data collection; and it
proportionately hurt low-income and First, it is clear that progressives clarifies the allowable uses of modern
minority borrowers, and protecting want to eliminate a fundamental part communication technology. I think it
consumers during a nonjudicial fore- of our free market system, the belief is a proper update to these long-held
closure proceeding. that you should be paid for services consumer protection laws that we have
Taken together, these protections provided in a timely manner. The fact on the books.
will help the most vulnerable con- is, limiting the ability of businesses This bill eliminates this positive step
sumers, including servicemembers, stu- and individuals to be repaid for their forward. This bill prohibits debt collec-
dent borrowers, people of color, and services already provided will not ben- tors from using 21st century methods
those struggling under the weight of efit anyone. This is especially true for of communication to reach consumers.
medical debt during this unprecedented small businesses that have been hard- That is insane. That is bad. That goes
pandemic. est hit, frankly, from the pandemic all against the whole movement post-
None of this is to say that people who shutdowns. COVID or in the midst of COVID, that
owe lawful debts shouldn’t pay them, If enacted, this bill will also drive up we digitize our communication tools
but all Americans deserve to be free the cost of credit for all borrowers, es- and enable people to do things more
from harassment, undue pressure tac- pecially low-income borrowers, as well cheaply via technology.
tics, bullying, false information, as limit their credit options. This bill includes stopping consumers
threats, coercion, and other bad prac- There are commonsense ways to up- from being contacted via email or text
tices that debt collectors have used date and improve the process for col- message without explicit prior consent.
with relative impunity. lecting payments and to modernize the Consumers should be able to commu-
The last time Congress made major credit reporting regimes. This includes nicate about their payment options
updates to Federal laws on debt collec- identifying ways to protect consumers privately in the way they prefer. This
tion was 1978, over 40 years ago. It is and encourage them and their service bill eliminates that choice. Restricting
long overdue for Congress to act to pro- providers or lenders to work out repay- options like that makes it more dif-
vide stronger protections from abusive ment plans. ficult to contact consumers. It doesn’t
debt collection for consumers. In fact, just last month, the entire help anyone.
This comprehensive package includes House voted to support the gentle- Perhaps the consumer doesn’t know
a number of bills authored by several woman from Pennsylvania, Represent- that they missed the payment, and this
hardworking members of the Financial ative DEAN’s bill to ensure that mem- bill would say you can’t text them to
Services Committee, specifically bills bers of our military are not threatened let them know they missed their pay-
sponsored by Representative with service-related consequences as ment. That is absurd. I don’t think
VELÁZQUEZ, Representative DEAN, Rep- they work to repay debts owed. That that is the bill author’s intent, but
resentative TLAIB, Representative makes sense. It was a bipartisan bill that is the impact in the real market.
Just to reiterate, limiting the ability
PRESSLEY, Representative CLEAVER, with a great result.
But the further you dig into this bill, of individuals and businesses to seek
Representative MEEKS, and Represent- repayment for services provided will
ative AUCHINCLOSS. the more problematic it gets. For ex-
undermine the ability to underwrite
I would like to thank all of them for ample, this bill will actually make
and thereby increase the risk to the fi-
their work on these bills, their con- healthcare in this country more expen-
nancial system.
tributions to this legislative package, sive and will limit the medical services If you can’t price for risk, you are
and their leadership on these impor- provided to those who need it most. I going to have more risk. If we have
tant reforms that will provide des- don’t think that is the intention, but more risk that is not appropriately
perately needed relief and protection that is, in fact, the impact. priced, we will get bad outcomes in the
to consumers. Making it more difficult for medical financial system. This ultimately
I would urge all of my colleagues to providers to seek payment for their makes extending credit more expensive
support this legislation. services does not make them free, does for all borrowers and may push the
Mr. Speaker, I reserve the balance of not make the system less expensive. lowest income borrowers out of the
my time. And excluding medical debt from an in- system entirely.
Mr. MCHENRY. Madam Speaker, I dividual’s credit report is not a way to That is a bad result. That is not what
yield myself such time as I may con- support consumers or our healthcare we want. Either side of the aisle, we
sume. providers, who have been, frankly, on don’t want that. This bill has that
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Madam Speaker, I rise in opposition the front lines of the COVID pandemic. harmful impact.
to H.R. 2547. I have a bill that allows medical debt We all agree that consumers who owe
Let’s just start off and call the bill that results from nonelective services a debt should be treated with respect
what it is. It is another attempt by to be protected, and ensures that if it and dignity and not be subject to abu-
Democrats to socialize our financial is repaid, it is eliminated from a con- sive or harassing behavior. The law al-
system. sumer credit report’s adverse actions. ready upholds this. This bill is a Big
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May 13, 2021 CONGRESSIONAL RECORD — HOUSE H2281
Government, anti-consumer, anti- debt collectors, especially when those my colleague, Mr. MCHENRY, was high-
small business solution in search of a debt collectors have been hired by the lighting. While I think we can all agree
problem. United States Federal Government. that debt collectors should be forbid-
I urge my colleagues to oppose this This bill strengthens consumer pro- den from carrying out abusive prac-
bill and the harmful impacts herein. tections by rectifying loopholes in ex- tices, we should certainly not forbid
Madam Speaker, I reserve the bal- isting Federal law that enables private them from using traditional commu-
ance of my time. companies hired by the Federal Gov- nication tools that are likely to suc-
Ms. WATERS. Madam Speaker, I ernment to unnecessarily harass indi- ceed in contacting the person that
yield 3 minutes to the gentleman from viduals. owes the debt.
Missouri (Mr. CLEAVER). If Congress is going to set up fair Additionally, in October of 2020, the
Mr. CLEAVER. Madam Speaker, let debt collection practices to hold the CFPB issued a rule to modernize debt
me, first of all, thank Chairwoman private sector accountable, the Federal collection practices, and this rule re-
WATERS for including my legislation, agency collecting a debt from con- flects the technical precision needed to
my Debt Collection Improvement Act, sumers should be held to the same ensure that both consumers and debt
into the Stop Debt Collection Abuse standard. collectors are protected. Rather than
Act, which would, among other things, tying the hands of debt collectors, like
extend the protections in the Fair Debt b 1245 this bill does, we should push for con-
Collection Practices Act to debt owed Mr. MCHENRY. Madam Speaker, I sistency with that CFPB rule from last
to a Federal, State, territory, District yield 3 minutes to the gentleman from fall.
of Columbia, and local government Ohio (Mr. DAVIDSON), my friend and In closing, I believe we should be
agency, and limit the excessive fees colleague. clear on something. Consumers who
that debt collectors may charge. Mr. DAVIDSON. Madam Speaker, I owe a debt and businesses that are un-
The Fair Debt Collection Practices appreciate the surface-level intentions able to collect the debt are both at a
Act was enacted in 1978 to eliminate of those who support this bill, things disadvantage when debt collectors are
abusive debt collection practices by like checking the abuse of the Federal prohibited from contacting consumers.
debt collectors and to ensure that Government’s power. But this com- Madam Speaker, I urge opposition to
those debt collectors who refrain from prehensive package would leave both this bill.
using abusive debt collection practices consumers and creditors worse off than Ms. WATERS. Madam Speaker, I
were not competitively disadvantaged. they are today. yield 2 minutes to the gentlewoman
Congress has found abundant evi- Certainly, there are elements that I from New York (Ms. VELÁZQUEZ).
dence of the use of abusive, deceptive, do support, notably, language from the Ms. VELÁZQUEZ. Madam Speaker, I
and unfair debt collection practices by Fair Debt Collection Practices for am a proud original cosponsor of H.R.
many debt collectors, and Congress ex- Servicemembers Act. I was proud to co- 2547 and rise in its strong support. This
pressly found that abusive debt collec- sponsor that particular bill when intro- important legislation contains my bill,
tion practices contribute to social ills. the Small Business Lending Fairness
duced by Ms. DEAN from Pennsylvania,
Those findings are still true today. Act, that prohibits the use of a confes-
which passed the House last month.
Unfortunately, when Congress en- sion of judgment in commercial loans
acted the Fair Debt Collection Prac- The Fair Debt Collection Practices for
Servicemembers Act would ensure that at the Federal level.
tices Act in 1978, it did not apply the As chair of the House Small Business
law to debt collectors hired by Federal debt collectors won’t be able to threat-
Committee, I understand better than
Government entities. As one witness en military servicemembers with a re-
most how the COVID–19 pandemic has
before the Financial Services Com- duction in rank or have their security
restricted access to capital and forced
mittee pointed out, extending the Fair clearances revoked. Frankly, that
the closure of many of America’s small
Debt Collection Practices Act to debt keeps our military focused on fighting
businesses.
collectors hired by government entities and winning our wars, instead of being Unfortunately, some lenders and debt
is important because collection by or co-opted into debt collection. collectors are seeking to cash in on the
on behalf of the government is already But this is a truly partisan bill as pandemic. Whether it is a taxi driver in
unusually coercive as a result of the packaged together, and it exemplifies New York City pursuing the American
government’s immense and unrivaled what good work we can do when we Dream or a small business owner try-
police power and other means of seizing work together in a bipartisan fashion, ing to make payroll, predatory lenders
citizens’ assets. to see some of the components of it, and collectors have been targeting
This title within the bill also ensures and what can be done to undermine small businesses with loans that have
that fees from debt collectors working that work when it is all put together in excessively high interest rates and un-
on behalf of the Federal Government the final package that we have before fair and abusive terms, like a confes-
cannot be unreasonable, and requires us here today. sion of judgment.
the GAO to conduct a study into the Once I took a look and saw the rest Because cash flow is so vital to a
use of third-party debt collectors by of this bill, the excitement I had for business’ survival, many owners feel
State and local governments. This title the components that I do support they have no choice but to sign away
within the bill is supported by more quickly dissipated. Taken as a whole, their rights to save their businesses
than 20 civil rights organizations and this overwhelmingly partisan bill and provide for their employees. By
consumer rights groups across the Na- amounts to a direct attack on creditors signing a confession of judgment, bor-
tion. and an indirect attack on consumers. rowers essentially waive the legal
The Comprehensive Debt Collection This bill would distort credit his- rights regarding any legal dispute that
Improvement Act before us is a timely tories by removing predictive informa- might arise. And if one does arise, the
piece of legislation. America’s hard- tion from credit reports, including lender can unilaterally declare a de-
working families, small businesses, and medical debt. While I recognize the im- fault and take actions against the
students deserve to be treated with re- plications that such information has small business owner.
spect, integrity, and fairness, including on credit history, we must understand Often, small business borrowers only
those who owe debt to the Federal Gov- that removing predictive information find out about a judgment against
ernment. only increases the cost of credit. When them after the lender begins to seize
Americans currently find themselves uncertainty is higher, it is priced into bank accounts or other assets.
in greater debt than at any other time the cost, for individuals as well as all While confessions of judgment have
in history, including prior to the great consumers with low or moderate in- been banned at the Federal level for
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financial crisis of 2008. The debt burden come. consumer loans since 1985, these pro-
stands at approximately $14.56 trillion Furthermore, this bill restricts the tections have not been extended to
and includes all types of consumer se- ability of debt collectors to collect on commercial loans. Passing this legisla-
cured and unsecured loans. unpaid debt. It does this by forbidding tion here today will bring us one step
No American should have to deal debt collectors from contacting con- closer to finally ending this abusive
with abusive, predatory practices from sumers via simple communications, as practice.
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H2282 CONGRESSIONAL RECORD — HOUSE May 13, 2021
I want to thank Chairwoman WATERS forced to take on significant debt to credit products we use. Chairman
for including this important language survive. WATERS’ bill, the Comprehensive Debt
in her bill, and I urge my colleagues to This is especially true during times Collection Improvement Act, provides
vote ‘‘yes.’’ of crisis, and debt collectors prey on much-needed updates to the FDCPA to
Mr. MCHENRY. Madam Speaker, I that reality. They are making record fit the needs of consumers today, not
yield myself such time as I may con- profits during a pandemic, using ag- in 1977.
sume. gressive tactics to scare and to exploit This legislation includes my bill, the
Madam Speaker, I must say, for the people. Non-Judicial Foreclosure Debt Collec-
RECORD, that I believe the bill’s spon- Consumer complaints of shaming tac- tion Clarification Act, which closes the
sors are of sincere purpose here, but I tics, of intimidation, of harassment, es- gap in the FDCPA so that homeowners
am pointing out what I think are the pecially from our elders, continue to facing non-judicial foreclosure pro-
deficiencies that we could have worked rise year after year. This bill provides ceedings are protected under the law.
through in a bipartisan way if there the needed protection from mistreat- The FDCPA sets procedures for the
was a goal to have a bipartisan out- ment and harassment. way that debt collectors interact with
come for this bill. I urge my colleagues to vote ‘‘yes.’’ consumers to protect their rights and
So while I oppose the bill, it is not Mr. MCHENRY. Madam Speaker, I their privacy. This includes ensuring
for a lack of ideas on this side on how yield 3 minutes to the gentleman from that debtors aren’t paying more than
to improve it and actually how to come Wisconsin (Mr. STEIL). they owe, that their debt information
up with something reasonable to help Mr. STEIL. Madam Speaker, I rise in won’t be shared with their boss, and
our people and update our technology opposition to this act. that they will not be harassed by col-
and laws. American families’ access to afford- lectors. These protections should not
Madam Speaker, I yield 21⁄2 minutes able loans depends on ensuring finan- be limited to foreclosure proceedings
to the gentleman from Minnesota (Mr. cial institutions have accurate credit that take place in a courtroom.
EMMER), the ranking member of the history and can collect debts. The legislation we are considering
Task Force on Financial Technology. The bill undermines both of those today includes other necessary con-
Mr. EMMER. Madam Speaker, I rise core requirements of our financial sys- sumer protection bills, like Congress-
today in opposition to the Comprehen- tem. By making it harder for lenders to woman DEAN’s Fair Debt Collection
sive Debt Collection Improvement Act, learn about borrowers and collect these Practices for Servicemembers Act,
a partisan package of bills which unpaid loans, the bill will actually end which would prohibit debt collectors
threatens to limit access to credit and up reducing access to credit and in- from threatening a servicemember’s
other financial products that Ameri- creasing prices. Let me repeat that. It rank to collect a debt, and Congress-
cans from all walks of life rely on. is actually going to end up reducing ac- woman’s PRESSLEY’s bill, the Ending
Simply put, this legislation under- cess to credit and is going to increase Debt Collection Harassment Act, which
mines the collections process, the very prices. would prohibit debt collectors from
system that ensures that Americans In other words, the bill before us contacting consumers electronically
can access credit in the first place. today will actually hurt the very peo- without consent.
Without a collections process, con- ple it is intended to help. I think that We cannot rebuild an economy that
sumers’ ability to obtain credit cards is a really critical point here. By actu- works for everyone without protecting
or other forms of credit would be re- ally implementing this bill, what we consumers. Making sure borrowers are
stricted, and, in many cases, limited to are going to do is see higher prices, treated with dignity and protected
a cash-only basis. If adopted, this bill make it more difficult for individuals from unwanted and unnecessary prac-
will limit Americans’ options and to obtain loans, and actually hurt tices is an important step to ensuring
weaken our standard of living, a stand- those people that this bill is intended economic fairness moving forward. I
ard that every American deserves. to help. am proud to support the bill, and I urge
I urge my colleagues to oppose this I want more American families to my colleagues to do the same.
misguided, partisan legislation and in- have responsible access to the loans Mrs. WAGNER. Madam Speaker, I re-
stead support policies that expand fi- they need to be able to achieve their serve the balance of my time.
nancial inclusion, strengthen our sys- dreams. Ms. WATERS. Madam Speaker, I
tem of credit, and support businesses As anyone who has bought a home or yield 3 minutes to the gentlewoman
that fuel our economy. a car or started a small business from Pennsylvania (Ms. DEAN).
Ms. DEAN. Madam Speaker, I rise in
Ms. WATERS. Madam Speaker, I knows, access to affordable credit can
support of H.R. 2547.
yield 2 minutes to the gentlewoman be a critical lifeline. First, I would like to thank and lift
from Massachusetts (Ms. PRESSLEY). But, unfortunately, my colleagues on
up Chairwoman WATERS for bringing
Ms. PRESSLEY. Madam Speaker, I the other side of the aisle, and in this
up and authoring this important pack-
rise today in support of the Com- bill in particular, they think that
age, H.R. 2547, the Comprehensive Debt
prehensive Debt Collection Improve- sometimes they know best. This bill, as
Collection Improvement Act, and for
ment Act, which includes my bill—and a result, will actually hurt American
including two of my bills in this legis-
I thank the chairwoman for that—the families, it will hurt small businesses,
lation. We must work to ensure that
Ending Debt Collection Harassment and it will hurt the financial stability
debt collection is fair, transparent, and
Act. of our financial system. I urge my col-
free from harassment.
Like many, my mother took pride in leagues to oppose this legislation. One of my two bills is in this pack-
paying her bills and paying them on Ms. WATERS. Madam Speaker, I age. It is the Fair Debt Collection
time. But after several life-disruptive yield 2 minutes to the gentleman from Practices for Servicemembers Act. It
events—the death of an immediate Massachusetts (Mr. AUCHINCLOSS). will protect our heroes from unfair and
family member, a layoff, and a manda- Mr. AUCHINCLOSS. Madam Speaker, aggressive debt harassment. These debt
tory surgery—there came a point Congress passed the American Rescue collection practices are manipulative
where she could no longer afford it. No Plan, a tremendous investment to sup- and can interfere with soldiers’ careers,
matter how hard she worked, we owed port millions of workers without a pay- like contacting their superior officers
everyone—the utility company, the check and behind on bills. As we begin or threatening a rank reduction.
landlord, the bank—and we were fre- work to build back a stronger economy Unfortunately, these practices do not
quently harassed by debt collectors. post-pandemic, we must ensure that stop with the servicemember. Debt col-
Our story is the story of millions of consumers are protected from bad faith lectors also target military spouses,
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families. debt collectors. unfairly burdening our military fami-
Due to poverty wages, a lack of af- The Fair Debt Collection Practices lies who have sacrificed so much.
fordable healthcare, the absence of Act was enacted in 1977, almost 45
paid leave, and other policy failures years ago. Since then, much has b 1300
which push working people to the mar- changed, including the way we commu- The language in this bill would spe-
gins, millions of people in America are nicate, how we purchase goods, and the cifically prohibit debt collectors from
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May 13, 2021 CONGRESSIONAL RECORD — HOUSE H2283
conveying any threat to a servicemem- sumer Protection for Medical Debt Col- Ms. WATERS. Mr. Speaker, I yield 1
ber, or his or her dependents, to have lection Act. minute to the gentlewoman from Geor-
his or her rank reduced, their security Nearly 20 percent of adults have one gia (Ms. WILLIAMS).
clearance revoked, or prosecution or more medical debt collections listed Ms. WILLIAMS of Georgia. Mr.
occur under the Uniform Code of Mili- on their credit reports. That means one Speaker, I rise today in support of
tary Justice. in five of our neighbors across the Chair WATERS’ Comprehensive Debt
These tactics must stop; our service- country may be denied housing, trans- Collection Improvement Act and
members, men and women, make ex- portation, or other necessities because amendments that I have been able to
traordinary sacrifices on our behalf. I of a sudden health crisis or visit to the make to the bill.
thank all the veterans and service- emergency room. That hits particu- Our work in Congress must focus on
members who work in my office, Tim, larly hard in communities like mine, how to make life better for the most
Dave, and Timmy, and my own two where residents already face so many marginalized in our communities. This
brothers who have fought to protect challenges with access to credit. bill centers that goal by ensuring fair
our country. Treating medical debt the same as debt collection and consumer protec-
I recognize and appreciate the bipar- other debt is just not right. It leads to tion. Today, I am offering two amend-
tisan support for this bill. irreparable harm to residents who sim- ments to further advance that work.
My second bill in this package was ply just needed health and medical Currently, a borrower’s credit score
written to correct an unfair practice a care. isn’t negatively affected if they miss a
Medical debt is the leading cause of Federal student loan payment during
constituent brought to our office’s at-
personal bankruptcy in our country, the pandemic. This protection was
tention. A constituent reached out for
and the pandemic has only made the made possible with bipartisan support.
help getting a private student loan dis-
medical debt crisis worse; 2.5 million It is time that we extend the same pro-
charged because her daughter had be-
people saw medical debt enter collec- tection to private student loan bor-
come completely and totally perma- rowers, and I am happy to have
nently disabled. The mother was left tions since the pandemic began, total-
ing $2.2 billion in medical debt. partnered with Congresswoman ALMA
with the remaining balance of the ADAMS to advance an amendment that
daughter’s private student loans as a H.R. 2547 will provide protections and
safeguards to our neighbors who, does just that.
cosigner. I also authored an amendment that
The lending company said it was through no fault of their own, got sick
commissions a report to analyze racial
their policy to forgive the debt for the and could not afford medical care due
disparities in debt collection practices
borrower but not for the cosigner of to the broken healthcare system.
and recommend solutions. Additional
the original agreement. Further re- This bill would prevent the collection
study in this area will help us ensure
search by my office staff revealed there of medical debt for 2 years from the
greater equity going forward.
was no legal operating standard for dis- date of medical billing and prohibits I urge my colleagues to support these
charging private student loans for co- credit agencies from reporting all med- amendments and the overall bill before
signers after a permanent and total ical collections for a year. us today.
disability. Medical bills and reimbursements are Mrs. WAGNER. Mr. Speaker, I yield
This is wrong. No one can anticipate often vague and confusing, so this gives myself the balance of my time.
permanent disability, and we should our neighbors time to figure out what I urge my colleagues to oppose H.R.
work to decrease the burden that these they actually do owe. 2547.
Finally, this bill would ban medical This bill is misguided. It will not im-
people and their families face, which is
debt from a medically necessary proce- prove debt collection or credit report-
what the Private Loan Disability Dis-
dure from ever appearing on your cred- ing but will instead harm consumers
charge Act will accomplish.
This legislation will require private it report. and small businesses.
No one chooses to get sick. Under- This bill would make extending cred-
student loan lenders to discharge the
going a medically necessary procedure it more expensive for everyone, espe-
loan balance for both the borrower and
should never haunt someone finan- cially lower-income borrowers with
the cosigner if the borrower becomes
cially. It has no place on our credit re- thin or no credit files and who need it
totally and permanently disabled.
ports. the most.
This bill does not punish private I thank Chairwoman WATERS for her
lenders; it ensures all lenders are fol- This bill is yet another giveaway to
leadership on this vital legislation, and progressives who want to eliminate the
lowing the same rules. I urge my colleagues to support it.
Both of these bills are about fairness core foundation of our credit market
Mrs. WAGNER. Mr. Speaker, I re- and financial system.
and respect to the lender and con- serve the balance of my time. I urge my colleagues to vote ‘‘no’’ on
sumer, following the spirit of the en- Ms. WATERS. Mr. Speaker, I yield 1 H.R. 2547, and I yield back the balance
tire Comprehensive Debt Collection minute to the gentleman from Texas of my time.
Improvement Act. (Mr. GREEN). Ms. WATERS. Mr. Speaker, may I in-
This bill would protect servicemem- Mr. GREEN of Texas. Mr. Speaker, as quire as to how much time I have re-
bers, small and minority-owned busi- a practitioner, I rise. maining.
nesses, student loan borrowers, and Having practiced law, I saw firsthand The SPEAKER pro tempore (Mr.
those with disabilities, medical debt, how predatory debt collection works. I SUOZZI). The gentlewoman has 101⁄2
and more. know of the threats to get persons de- minutes remaining.
This package will place consumers moted. I know of the threats to cause Ms. WATERS. Mr. Speaker, this bill
and people first. people to lose their jobs. I know of the provides urgently needed protections
Again, I thank Chairwoman WATERS many threats to cause people to go to to individuals and families from unfair
for her leadership, and I urge all of our jail if they didn’t pay a debt. and abusive debt collection practices.
colleagues to join me in supporting This is unlawful. It ought not hap- Consumers should not have to face
this important consumer and con- pen, but it does. We know that there is harassment or threats from abusive
stituent protection legislation. no debtors’ prison in this country, but debt collectors, especially in the midst
Mrs. WAGNER. Mr. Speaker, I re- people still threaten people with going of this unprecedented pandemic. It is
serve the balance of my time. to jail if they don’t pay debts. long overdue for Congress to bring new
Ms. WATERS. Mr. Speaker, I yield 3 Yes, servicemembers ought to be pro- accountability to the debt collection
minutes to the gentlewoman from tected. I stand for them. But I also industry.
Michigan (Ms. TLAIB). stand with the hardworking Americans Because of the strong protections the
ctelli on DSK11ZRN23PROD with HOUSE
Ms. TLAIB. Mr. Speaker, this bill is who, through no fault of their own, will bill creates for consumers, the Com-
critically important to our families sometimes find themselves owing prehensive Debt Collection Improve-
across the country. debts. ment Act is supported by more than 85
I am proud that this bill includes a This must pass. I support H.R. 2547. consumer, civil rights, and small busi-
provision that I have introduced the Mrs. WAGNER. Mr. Speaker, I re- ness organizations, including Ameri-
past two sessions of Congress, the Con- serve the balance of my time. cans for Financial Reform, Center for
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H2284 CONGRESSIONAL RECORD — HOUSE May 13, 2021
Responsible Lending, Color of Change, read, shall be debatable for the time ‘‘(B) the last four digits of the account
Leadership Conference on Civil and specified in the report equally divided number of the original debt;
Human Rights, National Consumer and controlled by the proponent and an ‘‘(C) admissible documentary evidence of—
‘‘(i) the written agreement, contract, or in-
Law Center, New York Taxi Workers opponent, may be withdrawn by the
strument creating the debt, if any, or other
Alliance, Public Citizen, Small Busi- proponent at any time before the ques- documents showing that the consumer
ness Majority, and Student Borrower tion is put thereon, shall not be subject agreed to the agreement, contract, or instru-
Protection Center. to amendment, and shall not be subject ment creating the debt;
Mr. Speaker, you have heard the de- to a demand for division of the ques- ‘‘(ii) any terms and conditions relevant to
bate and the discussion on this bill tion. the debt;
today. My colleagues on the opposite It shall be in order at any time for ‘‘(iii) that the consumer incurred the debt
side of the aisle have tried in their the chair of the Committee on Finan- and the amount owed; and
cial Services or her designee to offer ‘‘(iv) that there is a chain of title of the
presentation to have the people listen-
amendments en bloc consisting of fur- ownership of debt and the right to collect
ing to this debate believe that the bill the debt, including documents showing the
would hurt consumers. That is abso- ther amendments printed in part B of
date of each transfer of ownership of the debt
lutely not true. My friends on the op- House Report 117–29, not earlier dis- and the identity of each owner of the debt;
posite side of the aisle seem more in- posed of. Amendments en bloc shall be and
terested in protecting the debt collec- considered as read, shall be debatable ‘‘(D) a sworn affidavit stating—
tors. for 20 minutes equally divided and con- ‘‘(i) that the applicable statute of limita-
As I mentioned, we are still in the trolled by the chair and ranking minor- tions for collecting the debt has not expired
midst of a pandemic. Many of our con- ity member of the Committee on Fi- and the date on which such statute of limita-
nancial Services or their respective tions expires; and
sumers have been laid off from their ‘‘(ii) that the debt collector personally re-
jobs. Some businesses have closed designees, shall not be subject to
viewed all applicable records and documents
down. amendment, and shall not be subject to relating to the debt to be collected.’’.
Americans like to pay their bills. a demand for division of the question.
AMENDMENT NO. 2 OFFERRED BY MS. ADAMS OF
They want to pay their bills. If they AMENDMENTS EN BLOC NO. 1 OFFERED BY MS.
NORTH CAROLINA
cannot pay their bills, we should not WATERS OF CALIFORNIA
Redesignate title IX as title X.
have debt collectors who are harassing Ms. WATERS. Mr. Speaker, pursuant Redesignate section 901 as section 1001.
them, calling the commanders of serv- to section 3 of House Resolution 380, I In section 1001, as redesignated, strike
icemembers and threatening to have offer amendments en bloc No. 1. ‘‘This Act’’ and insert ‘‘Except as otherwise
them penalized in some way, using all The SPEAKER pro tempore. The provided in this Act, this Act’’.
Clerk will designate the amendments After title VIII insert the following:
the different platforms to harass.
One of the Members on the opposite en bloc. TITLE IX—TEMPORARY RELIEF FOR
Amendments en bloc No. 1 consisting PRIVATE STUDENT LOAN BORROWERS
side of the aisle tried to make us be-
of amendment Nos. 1, 2, 3, 5, 6, 7, 10, 11, SEC. 901. TEMPORARY RELIEF FOR PRIVATE STU-
lieve that somehow we are saying you DENT LOAN BORROWERS.
12, 13, and 14, printed in part B of House
can’t use any of the platforms on the (a) IN GENERAL.—A servicer of a private
Report 117–29, offered by Ms. WATERS of
internet. We are not saying that. We education loan shall not report an adverse
California:
are saying don’t misuse them, don’t item of information relating to the non-
AMENDMENT NO. 1 OFFERED BY MS. BONAMICI OF
abuse them. We are saying that this is OREGON
payment of a private education loan that oc-
about the Members of Congress who are curred during the covered period.
Redesignate title IX as title X. (b) CONSUMER REPORTING AGENCIES.—Dur-
sent here to represent their constitu- Redesignate section 901 as section 1001. ing the covered period, a consumer reporting
ents being able to represent them at After title VIII insert the following:
agency—
one of the most important times in TITLE IX—SECURING CONSUMERS (1) may not make a consumer report con-
this economy. AGAINST MISREPRESENTED DEBT ACT taining adverse information relating to the
I would ask all Members, despite SEC. 901. SHORT TITLE. nonpayment of a private education loan by a
what you have heard from the opposite This Act may be cited as the ‘‘Securing covered borrower; and
side of the aisle, to rise to this occa- Consumers Against Misrepresented Debt Act (2) shall promptly remove, in a period of
sion and show our consumers we care of 2021’’ or the ‘‘SCAM Debt Act’’. time as determined by the Director of the
SEC. 902. LEGAL ACTIONS BY DEBT COLLECTORS. Consumer Financial Protection Bureau,
about them and do not want them to be
Section 811 of the Fair Debt Collections from a consumer report any such adverse in-
harassed and abused. Practices Act (15 U.S.C. 1692i) is amended— formation reported during the covered pe-
These predatory debt collectors must (1) by redesignating subsection (b) as sub- riod.
stop the way that they are harassing section (c); and (c) IMPLEMENTATION.—The Director of the
our consumers and work with them. (2) by inserting after subsection (a) the fol- Consumer Financial Protection Bureau may
They should be doing workouts. If you lowing new subsection: issue guidance or rules to implement this
can’t pay $50 a month, you can have a ‘‘(b) REQUIREMENTS FOR DEBT COLLEC- section, including—
workout that says you can pay $10 a TORS.—A debt collector that takes legal ac- (1) requiring any notifications and other
tion to collect or attempt to collect a debt requirements that may be necessary to carry
month or $15 a month on your debt. Of
shall comply with the following require- out this section; and
course, the predatory debt collectors ments: (2) ensuring a covered borrower is aware of
can do this if they wish. ‘‘(1) Provide the consumer written notice their rights under this section relating to
One of the things you must under- of the intent to take legal action, sent to the the exclusion or removal of any relevant ad-
stand is they have earned more in prof- consumer’s last known address at least 30 verse information the consumer report of the
its during this pandemic than any days and not later than 60 days in advance of consumer.
other time in recent years, so they are commencing the legal action, that shall in- (d) EFFECTIVE DATE.—This section shall
gouging, and they are harassing need- clude— take effect 30 days after the date of the en-
lessly so. ‘‘(A) all methods that the consumer can actment of this Act.
use to contact the debt collector; and (e) DEFINITIONS.—In this section:
I would ask the Members of Congress
‘‘(B) all information contained in the no- (1) COVERED BORROWER.—The term ‘‘cov-
to please join us and vote ‘‘aye’’ on this tice required under section 809(a) (excluding ered borrower’’ means a borrower of a pri-
very important legislation. I yield the information described in paragraphs (3), vate education loan.
back the balance of my time. (4), and (5) of such section), updated to en- (2) COVERED PERIOD.—The term ‘‘covered
The SPEAKER pro tempore. All time sure correctness. period’’ means the period beginning on
for debate has expired. ‘‘(2) In the initial pleading filed by a debt March 13, 2020 (the date the President de-
Each further amendment printed in collector to commence a legal action to col- clared the emergency under section 501 of
part B of House Report 117–29 not ear- lect a debt, include— the Robert T. Stafford Disaster Relief and
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lier considered as part of amendments ‘‘(A) all information contained in the no- Emergency Assistance Act (42 U.S.C. 4121 et
tice required under section 809(a) (excluding seq.) relating to the Coronavirus Disease 2019
en bloc pursuant to section 3 of House
the information described in paragraphs (3), (COVID–19) pandemic) and ending on the
Resolution 380, shall be considered only (4), and (5) of such section), except any ac- date that is 30 days after the end of the inci-
in the order printed in the report, may count numbers and any personally identifi- dent period for such emergency.
be offered only by a Member designated able information, updated to ensure correct- (3) FAIR CREDIT REPORTING ACT DEFINI-
in the report, shall be considered as ness; TIONS.—The terms ‘‘consumer report’’ and
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May 13, 2021 CONGRESSIONAL RECORD — HOUSE H2285
‘‘consumer reporting agency’’ have the collection market (as such term is defined in (2) APPLICATION.—The holder of a loan de-
meanings given, respectively, in section 603 section 1090 of title 12 of the Code of Federal scribed under paragraph (1) may apply to the
of the Fair Credit Reporting Act (15 U.S.C. Regulations to provide to the Director infor- Secretary of the Treasury to have the Sec-
1681a). mation about any default judgements pur- retary purchase and retire such loan by sub-
(4) PRIVATE EDUCATION LOAN.—The term sued by such larger participant through liti- mitting an application in such form and
‘‘private education loan’’ has the meaning gation during the COVID-19 pandemic. manner as the Secretary may require.
given the term in section 140 of the Truth in (2) INCLUSION IN REPORT.—The Director (3) AUTHORIZATION OF APPROPRIATION.—
Lending Act (15 U.S.C. 1650). shall compile all information received from There is authorized to be appropriated to the
AMENDMENT NO. 3 OFFERED BY MR. BOWMAN OF larger participants under paragraph (1) and Secretary of the Treasury $5,000,000 to carry
NEW YORK shall include such information in the report out this subsection.
required under subsection (a) (4) TRUTH IN LENDING ACT TERMS.—In this
On page 18, line 19, strike ‘‘email and text
(c) DEFINITIONS.—In this section: subsection, the terms ‘‘cosigner’’ and ‘‘pri-
messages’’ and insert ‘‘email, text messages,
(1) The term ‘‘Director’’ means the Direc- vate education loan’’ have the meaning given
and direct messages through social media’’.
tor of the Bureau of Consumer Financial those terms, respectively, under section 140
On page 18, line 21, strike ‘‘TEXTS AND
Protection. of the Truth in Lending Act (15 U.S.C. 1650)
EMAILS’’ and insert ‘‘TEXTS, EMAILS,
(2) The term ‘‘Bureau’’ means the Bureau (c) SEVERABILITY.—The provisions of this
AND SOCIAL MEDIA MESSAGES’’.
of Consumer Financial Protection. Act are severable. If any part of this Act is
On page 19, strike lines 1 through 5 and in-
sert the following: AMENDMENT NO. 6 OFFERED BY MR. COHEN OF declared invalid or unconstitutional, that
‘‘(7) Contacting the person electronically, TENNESSEE declaration shall not affect the part which
including by email, text message, and direct Redesignate title IX as title X. remains.
message through social media, if— Redesignate section 901 as section 1001.
After title VIII insert the following: AMENDMENT NO. 10 OFFERED BY MS. NEWMAN OF
‘‘(A) the communication is required to be
ILLINOIS
in writing and the person has not consented TITLE IX—FAIR DEBT COLLECTION
to receive the communication electronically IMPROVEMENT ACT Redesignate title IX as title X.
in accordance with the requirements of the SEC. 901. SHORT TITLE. Redesignate section 901 as section 1001.
Electronic Signatures in Global and National This title may be cited as the ‘‘Fair Debt
Commerce Act; After title VIII insert the following:
Collection Improvement Act’’.
‘‘(B) the communication is governed by the SEC. 902. PROHIBITION ON COLLECTING TIME- TITLE IX—CONSUMER BILL OF RIGHTS
Telephone Consumer Protection Act and the BARRED DEBT.
person has not consented to receive such (a) IN GENERAL.—The Fair Debt Collection SEC. 901 CONSUMER BILL OF RIGHTS AGAINST
communication in accordance with the re- ABUSIVE DEBT COLLECTION PRAC-
Practices Act (15 U.S.C. 1692 et seq.) is TICES.
quirements of such Act; amended by inserting after section 811 the
‘‘(C) consent by the person to receive the following: (a) IN GENERAL.—The Director shall, in
communication was not provided directly to ‘‘§ 811A. Prohibition on collecting time-barred consultation with relevant stakeholders and
the debt collector; debt experts that specialize in consumer financial
‘‘(D) consent by the person to receive the protection with respect to debt collection
‘‘A debt collector may not collect, or at-
communication electronically has been with- practices, maintain a webpage on the website
tempt to collect, any debt of a consumer
drawn; or of the Bureau that outlines consumer rights,
with respect to which the statute of limita-
‘‘(E) the frequency of contact by the debt protections, and remedies with respect to
tions has expired.’’.
collector is greater than consented to by the (b) CLERICAL AMENDMENT.—The table of debt collection practices.
person.’’. contents for the Fair Debt Collection Prac- (b) ACCESSIBILITY.—
On page 19, after line 5 insert the fol- tices Act is amended by inserting after the (1) IN GENERAL.—The Director shall ensure
lowing: item relating to section 811 the following: that the webpage established pursuant to
(d) PROTECTION OF CONSUMERS FROM SO- ‘‘811A. Prohibition on collecting time-barred subsection (a) is easily accessible and under-
CIAL MEDIA COMMUNICATIONS IN DEBT COLLEC- debt.’’. standable.
TION.—Section 808(7) of the Fair Debt Collec- (2) LANGUAGES.—The Director may, as de-
AMENDMENT NO. 7 OFFERED BY MS. CRAIG OF
tion Practices Act (15 U.S.C. 1692f) is amend- termined appropriate by the Director, make
MINNESOTA
ed by inserting the following before the pe- the website available in languages other
riod: ‘‘or through a social media platform if Add at the end the following:
than English.
the communication is viewable by the gen- TITLE X—RELEASE OF COSIGNERS ON
eral public or the person’s social media con- PRIVATE STUDENT LOANS ON DEATH OF (c) CONTENTS.—The website established
tacts’’. BORROWER pursuant to subsection (a) may include—
On page 19, line 6, strike ‘‘(d)’’ and insert (1) a description of acceptable and unac-
SEC. 1001. SHORT TITLE.
‘‘(e)’’. ceptable practices that debt collectors may
This title may be cited as the ‘‘Ryan
On page 19, line 19, strike ‘‘(e)’’ and insert engage in while attempting to collect debt;
Frascone Memorial Student Loan Relief Act
‘‘(f)’’. and
of 2021’’.
(2) know your rights information that—
AMENDMENT NO. 5 OFFERED BY MS. BUSH OF SEC. 1002. APPLICABILITY OF CERTAIN AMEND-
(A) outlines actions a consumer may take
MISSOURI MENTS TO THE TRUTH IN LENDING
ACT. if they are experiencing abusive or inappro-
Redesignate title IX as title X. priate debt collection practices;
(a) IN GENERAL.—Effective on the date of
Redesignate section 901 as section 1001. (B) provides resources to take action to
After title VIII insert the following: enactment of the Economic Growth, Regu-
latory Relief, and Consumer Protection Act prevent or stop abusive or inappropriate debt
TITLE IX—REPORTS (Public Law 115–174), section 601(b) of such collection practices;
SEC. 901 REPORT ON COVID-19 PANDEMIC DEBT Act is amended to read as follows: (C) contact information and other avail-
COLLECTION PRACTICES. ‘‘(b) APPLICABILITY.—The amendments able resources for a consumer to learn more
(a) IN GENERAL.—Not later than 6 months made by subsection (a) shall apply to private to prevent or stop such abusive practices;
after the date of the enactment of this sec- education loan agreements entered into be- and
tion, the Director of the Bureau of Consumer fore, on, or after the date of enactment of (D) any other information the Bureau
Financial Protection shall submit a report this Act.’’. deems appropriate to better inform con-
to Financial Services Committee of the (b) TREASURY LOAN PURCHASE PROGRAM.— sumers of their rights with respect to debt
House of Representatives and Banking Com- (1) IN GENERAL.—The Secretary of the collection practices.
mittee of the Senate that— Treasury shall establish a program under (d) DEFINITIONS.—In this section:
(1) analyzes available data relating to con- which the Secretary shall purchase and re- (1) The term ‘‘Director’’ means the Direc-
sumer complaints about debt collection tire outstanding private education loans— tor of the Bureau of Consumer Financial
practices during the COVID-19 pandemic, in- (A) where the borrower on such loan is de- Protection.
cluding the collection of medical debt and ceased; (2) The term ‘‘Bureau’’ means the Bureau
the collection of debt from servicemembers; (B) where there remains a cosigner on the of Consumer Financial Protection.
(2) lists all enforcement actions taken by loan;
AMENDMENT NO. 11 OFFERED BY MS. OMAR OF
the Bureau during the COVID-19 pandemic (C) that were entered into before the date
MINNESOTA
that related to debt collection; and that is 180 days after the date of enactment
ctelli on DSK11ZRN23PROD with HOUSE
(3) describes how the Bureau will use regu- of the Economic Growth, Regulatory Relief, Redesignate title IX as title X.
latory, supervisory and enforcement tools to and Consumer Protection Act; and Redesignate section 901 as section 1001.
combat predatory debt collection practices (D) only upon an application from a holder
identified during the COVID-19 pandemic. of such loan pursuant to paragraph (2) that In section 1001, as redesignated, strike
(b) ADDITIONAL REQUIRED INFORMATION.— demonstrates the holder has suffered finan- ‘‘This Act’’ and insert ‘‘Except as otherwise
(1) IN GENERAL.—The Director shall require cial injury as a result of the amendment provided in this Act, this Act’’.
each larger participant in the consumer debt made by subsection (a). After title VIII insert the following:
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H2286 CONGRESSIONAL RECORD — HOUSE May 13, 2021
TITLE IX—REPORT ON EXPERIENCES OF WATERS) and the gentlewoman from who need it the most. Many of these
DELINQUENT BORROWERS OF PRIVATE Missouri (Mrs. WAGNER) each will con- amendments were not even considered
EDUCATION LOANS trol 10 minutes. during markup, and could result in un-
SEC. 901. REPORT ON EXPERIENCES OF DELIN- The Chair recognizes the gentle- intended consequences and conflict
QUENT STUDENT LOAN BOR-
ROWERS. woman from California. with existing law and regulations.
Not later than 18 months after the date of b 1315 For example, this en bloc makes it
the enactment of this Act, the Director of harder to collect on payment for serv-
the Bureau of Consumer Financial Protec- Ms. WATERS. Mr. Speaker, I yield ices. It creates more confusion. This en
tion Bureau shall carry out a study and sub- myself as much time as I may con- bloc requires duplicative actions and is
mit to Congress a report on the consumer ex- sume. in conflict with current CFPB rules.
periences and financial impacts of debt col- Mr. Speaker, I rise in support of this This results in consumers receiving
lection practices on delinquent borrowers of set of amendments that will strengthen varying and inconsistent information.
private education loans (as defined in section the protections in my bill, H.R. 2547,
140(a) of the Truth in Lending Act (15 U.S.C.
It also imposes specific requirements
the Comprehensive Debt Collection Im- on the process and content of legal ac-
1650(a)) and such report shall include an
provement Act. tions—some in direct conflict with ex-
analysis of—
(1) the frequency and nature of private stu- I thank Representatives ADAMS, isting laws and court procedures.
dent lenders challenging undue hardship BONAMICI, BOWMAN, BUSH, COHEN, All of these have potential con-
bankruptcy petitions made by borrowers of CRAIG, NEWMAN, OCASIO-CORTEZ, OMAR, sequences and deserve to be debated
private education loans; and PAYNE, ROSS, and WILLIAMS for their through regular order, not in the 11th
(2) whether private student lenders dis- work on their amendments to improve hour on the floor.
proportionately challenge undue hardship the bill and provide additional protec- Mr. Speaker, this en bloc continues
petitions made by low-income or otherwise tions for consumers.
vulnerable borrowers of private education the Democrats’ goal of bringing all stu-
These amendments would create a dent loan borrowers under the Federal
loans.
Consumer Bill of Rights Against Abu- student loan portfolio, this time under
AMENDMENT NO. 12 OFFERED BY MR. PAYNE OF
sive Debt Collection Practices, putting the guise of COVID relief. In expanding
NEW JERSEY
in plain language what debt collection the Federal student loan profile, this
Page 17, line 24 strike ‘‘and’’.
Page 17, after line 24 add the following: protections and remedies a consumer en bloc fails to address the underlying
‘‘(11) an analysis of the number of people has; require CFPB strategy to use their issues related to the Federal student
unable to pay a debt because a debt collector enforcement and other tools to combat loan debt crisis, which was already ex-
is unable to accept a cash payment; and’’. abusive debt collection during the pan- acerbated by the Democrats’ goal of
Page 18, line 1, strike ‘‘(11)’’ and insert demic; study racial disparities in debt nationalizing student lending in 2010.
‘‘(12)’’. collection and develop solutions to ad- This en bloc fails to recognize the
AMENDMENT NO. 13 OFFERED BY MS. ROSS OF dress these disparities. success of the private student loan
NORTH CAROLINA Several amendments would also help market. Approximately 98 percent of
Redesignate title IX as title X. students by providing private student student loans are repaid in the private
Redesignate section 901 as section 1001. loan borrowers with the same credit re-
After title VIII insert the following: market.
porting protections that Federal stu- This en bloc continues to ignore the
TITLE IX—REPORTS
dent loan borrowers have during the work that the CFPB did when it final-
SEC. 901. REPORT ON USE OF ELECTRONIC AND pandemic; releasing cosigners in the
TELEPHONE COMMUNICATIONS IN ized its debt collection rule last fall.
THE DEBT COLLECTION INDUSTRY. event of the death of a private student This final rule reflects more than 7
Not later than 12 months after the date of loan borrower, regardless of when that years of research and analysis, and
the enactment of this section, the Comp- debt occurred; studying practices and clarifies the allowable uses of modern
troller General of the United States shall additional reforms to better protect communication technology.
submit a report to the Committee on Finan- private student loan borrowers. This en bloc prohibits debt collectors
cial Services of the House of Representatives Finally, these amendments address from contacting consumers by email or
and the Committee on Banking, Housing, new forms of communication specifi-
and Urban Affairs of the Senate that—
text message without explicit prior
(1) analyzes trends and impacts associated
cally prohibiting debt collectors from consent from the consumer. Under this
with the use of electronic and telephone harassing a consumer on social media, amendment, social media messages are
communications in the debt collection in- and studying electronic communica- also prohibited. This approach ignores
dustry, including a study of the annoyance, tions and developing recommendations the fact that the final rule allows con-
abuse, and harassment of consumers by debt to further protect consumers from har- sumers to opt out of specific means of
collectors, and methods for reducing the fre- assment. communications used by debt collec-
quency of electronic and telephone commu- Together, these amendments will tors.
nications by debt collectors to consumers; protect our constituents from abusive Republicans believe that consumers
and
debt collectors. So I urge Members to should be able to communicate about
(2) contains specific regulatory and legisla-
tive proposals to accomplish those goals. vote ‘‘yes.’’ their payment options privately and
AMENDMENT NO. 14 OFFERED BY MS. WILLIAMS
Mr. Speaker, I reserve the balance of using the methods that they want to
OF GEORGIA my time. communicate.
Redesignate title IX as title X.
Mrs. WAGNER. Mr. Speaker, I yield This is yet another example of Demo-
Redesignate section 901 as section 1001. myself such time as I may consume. I crats attempting to hamstring the
After title VIII insert the following: claim the time in opposition, and I am ability to modernize the regulatory
TITLE IX—REPORTS opposed to this en bloc. framework to account for modern tech-
SEC. 901 REPORT ON DEBT COLLECTION PRAC- Mr. Speaker, there is no doubt that nology and consumer preference.
TICES AND RACIAL DISPARITIES. people are hurting. There is no doubt Finally, this en bloc requires the
Not later than 18 months after the date of that many Americans continue to feel CFPB to produce a prescriptive report
the enactment of this section, the Director the weight of the pandemic in their on the debt collection process. The
of the Bureau of Consumer Financial Protec- daily lives. Yet Republicans know that CFPB, in consultation with the FTC,
tion shall submit a report to the Financial preventing individuals and businesses already issues an annual oversight re-
Services Committee of the House of Rep-
from being paid for services rendered port on debt collection, which includes
resentatives and Banking Committee of the
Senate that— will not help those individuals and data on consumer complaints and en-
(1) identifies and analyzes racial dispari- families who need it the most. forcement actions.
ties relating to debt collection practices; and This bill will not benefit consumers The point is, constraining debt col-
ctelli on DSK11ZRN23PROD with HOUSE
(2) provides administrative and legislative or businesses, particularly those small lection will undermine the under-
recommendations to address such dispari- businesses that are the backbone of our writing system and increase risk to the
ties. economy. In fact, if enacted, this bill financial system. This ultimately
The SPEAKER pro tempore. Pursu- and the amendments will drive up the makes extending credit more expensive
ant to House Resolution 380, the gen- cost for all borrowers and will make for all borrowers and may exclude the
tlewoman from California (Ms. credit less accessible to the borrowers lowest income borrowers entirely.
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May 13, 2021 CONGRESSIONAL RECORD — HOUSE H2287
There are commonsense ways to up- every day by people across this coun- they don’t really know the facts, the
date and improve the process for debt try. amounts, and all of that. So if a debt is
collection and credit reporting. My amendment to this bill would re- over the statute, this prohibits the
Republicans believe that consumers quire the Consumer Financial Protec- debt collectors from going after some-
who owe a debt should be treated with tion Bureau to present a report to Con- one.
respect and dignity and are not sub- gress that analyzes debt collection I think I found this about 8 years ago
jected to abusive or harassing behav- practices using consumer complaint in an AARP magazine, which I read,
iors. While there are commonsense data. Debt collectors should not be able and they said how awful this was. And
ways to update and improve the debt to call, email, text you to the point of I thought it was, too. It took 8 years to
collection process, the law already up- harassment. Your medical debt should get it here because it took a Demo-
holds this notion. not be reported on your credit, espe- cratic team to bring it to the floor to
Mr. Speaker, this en bloc is another cially in the wake of a global pan- look out for debtors.
partisan wish list of progressive poli- demic. Mr. Speaker, I appreciate all the sup-
cies in search of a problem. I urge my The CFPB has an obligation to pro- port we have got from my cosponsors,
colleagues to oppose this en bloc. tect our seniors, protect our frontline and I hope we pass the bill.
Mr. Speaker, I reserve the balance of workers, protect our service workers, Mrs. WAGNER. Mr. Speaker, I con-
my time. and protect our families by developing tinue to reserve the balance of my
Ms. WATERS. Mr. Speaker, I yield 1 tools to combat predatory debt collec- time.
minute to the gentlewoman from Or- tion practices. Ms. WATERS. Mr. Speaker, I yield 2
egon (Ms. BONAMICI). Mrs. WAGNER. Mr. Speaker, I con- minutes to the gentlewoman from Min-
Ms. BONAMICI. Mr. Speaker, I rise in tinue to reserve the balance of my nesota (Ms. CRAIG).
support of this en bloc amendment. time. Ms. CRAIG. Mr. Speaker, I thank
I have done financial counseling for Ms. WATERS. Mr. Speaker, I yield 1 Chairwoman WATERS for yielding and
low-income clients at Legal Aid and I minute to the gentleman from New for including my amendment in this en
learned firsthand that people don’t York (Mr. BOWMAN). bloc.
struggle by choice. Mr. BOWMAN. Mr. Speaker, I thank
Mr. Speaker, years ago, a bright and
I was an attorney at the Federal the chairwoman for yielding.
Mr. Speaker, 80 percent of Americans talented young man from Eagan named
Trade Commission where my work in- Ryan Frascone took out student loans
volved enforcing the Fair Debt Collec- have debt, and we punish people for it.
But the shame should actually be on to enroll in classes at Metro State Uni-
tion Practices Act. I have seen how versity. Ryan studied engineering. He
predatory debt collection tactics hurt policies that incentivize debt and pred-
atory behavior in debt collection. The was a kind, engaging, and hardworking
our families and our communities. Con- young man. But, in 2013, Ryan passed
sumers face harassment at home and at lack of protections in place for bor-
rowers is a reflection of those harmful away—one of thousands who have trag-
work. They frequently get misinforma- ically fallen victim to the opioid epi-
tion about debts they might not even policies.
Debt collectors today can use vir- demic plaguing this Nation.
legally owe. The problems around debt
tually any means available to harass b 1330
collection are pervasive.
borrowers, even in the middle of a glob- In the midst of that tragedy, I am
Data from the Urban Institute shows
al pandemic that has taken nearly sure student loans were the last thing
that 68 million Americans had a debt in
600,000 American lives, increased unem- on his parents, Julie and Mark’s minds.
collection before the pandemic, and
ployment, and left millions unsure of But to this day, 8 years after losing
most consumers sued by collection
how they will put food on the table. their son Ryan, his parents must still
agencies don’t have legal representa- Debt collectors can call you, email
tion. write a check every month to pay for
you, text you, and even contact you on
My amendment will update the law his student loans.
social media. My amendment will help
so consumers get advance notice of I think we can all agree that the last
rein in this endless harassment by pro-
legal action against them and accurate thing that any American parent should
hibiting collectors from contacting
details about what they legally owe. have to undergo is a monthly reminder
borrowers on social media without ex-
Strengthening protections for con- of such tragedy and loss in the form of
plicit permission.
sumers will help individuals and fami- a student loan payment. Today, we
Mr. Speaker, while there is still more
lies get through this economic crisis have an opportunity to right that
work to be done on this front, this an
and beyond. wrong with this amendment.
important place to start, and I encour-
Mr. Speaker, I encourage all of my Please join me in supporting the
age my colleagues to support the
colleagues to support the en bloc Ryan Frascone Memorial Student Loan
amendment.
amendment and the underlying bill. I Mrs. WAGNER. Mr. Speaker, I re- Relief Act. And to Mark and Julie, I
thank Chairwoman WATERS and Chair- serve the balance of my time. want to say to you, on the anniversary
man PERLMUTTER for their leadership. Ms. WATERS. Mr. Speaker, I yield 1 of his death this week, we are going to
Mrs. WAGNER. Mr. Speaker, I con- minute to the gentleman from Ten- make this right in this country.
tinue to reserve the balance of my nessee (Mr. COHEN). Mrs. WAGNER. Mr. Speaker, I re-
time. Mr. COHEN. Mr. Speaker, I thank serve the balance of my time.
Ms. WATERS. Mr. Speaker, I yield 1 Chairwoman WATERS for her important Ms. WATERS. Mr. Speaker, I yield
minute to the gentlewoman from Mis- work on this bill and for helping with myself the balance of my time.
souri (Ms. BUSH). my amendment to be included therein. Mr. Speaker, these amendments of-
Ms. BUSH. Mr. Speaker, I thank The amendment that I have is co- fered by our colleagues make H.R. 2547
Chairwoman WATERS for her and the sponsored by Representatives OCASIO- even stronger for our constituents who
committee’s leadership on this bill. CORTEZ and BONAMICI. It adds a section deserve to be treated fairly. I would
Mr. Speaker, St. Louis and I rise to the law that says, if you have got a like to again thank Representatives
today in support of the Comprehensive debt that is beyond the statute of limi- ADAMS, BONAMICI, BOWMAN, BUSH,
Debt Collection Improvement Act, crit- tations, that debt collection companies COHEN, CRAIG, NEWMAN, OCASIO-CORTEZ,
ical legislation that would enhance can’t go after you. OMAR, PAYNE, ROSS, and WILLIAMS for
debt collection protections for con- There is a statute of limitations be- their work on these amendments to
sumers, students, servicemembers, and cause sometimes over a period of time, H.R. 2547.
small businesses. the facts become kind of vague in peo- Mr. Speaker, I urge my colleagues to
ctelli on DSK11ZRN23PROD with HOUSE
This pandemic has devastated Black ple’s minds. So the proof isn’t strong, support these amendments, and I yield
and Brown communities, like mine in and they want to make sure that this back the balance of my time.
St. Louis. As someone who was unin- could be an appropriate subject matter Mrs. WAGNER. Mr. Speaker, I yield
sured during this pandemic, got sick, for a court case. myself the balance of my time, and I
and is still struggling with those med- Also, sometimes debts are sold and urge my colleagues to oppose this en
ical bills, I know the hardship faced debt collection agencies buy them, and bloc.
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H2288 CONGRESSIONAL RECORD — HOUSE May 13, 2021
Mr. Speaker, this en bloc will not im- TITLE IX—REPORTS Mrs. WAGNER. Mr. Speaker, I yield
prove debt collection or credit report- SEC. 901. GAO REPORT. myself such time as I may consume. I
ing, but will instead harm consumers The Comptroller General of the United am not opposed to this en bloc.
and small businesses. It will make ex- States shall, not later than 1 year after the Mr. Speaker, these amendments will
date of the enactment of this Act submit to ensure that we know the true con-
tending credit more expensive for ev- the Financial Services Committee of the
eryone, especially lower income bor- House of Representatives and the Banking
sequences of this bill before it is en-
rowers with thin or no credit files and Committee of the Senate a study that identi- acted into law. These amendments di-
who need it the most. fies any impacts that imposing restrictions rect the Treasury Department and the
The intent is clear, the Democrats on debt collection will have on low- to mod- GAO to separately study the impacts
want to eliminate the core foundation erate-income and minority borrowers. this bill will have on low-to-moderate
of our credit market and financial sys- The SPEAKER pro tempore. Pursu- income, minority, or thin-or no-credit-
tem. ant to House Resolution 380, the gen- file consumers.
Mr. Speaker, I urge my colleagues to tlewoman from California (Ms. Payment for services rendered is a
vote ‘‘no’’ on this en bloc, and I yield WATERS) and the gentlewoman from fundamental premise of our free mar-
back the balance of my time. Missouri (Mrs. WAGNER) each will con- ket system. Republicans understand
The SPEAKER pro tempore. Pursu- trol 10 minutes. this concept and work hard to ensure
The Chair recognizes the gentle- legislation does not cut off access to
ant to House Resolution 380, the pre-
woman from California. credit or price large swaths of Ameri-
vious question is ordered on the Ms. WATERS. Mr. Speaker, I yield
amendments en bloc offered by the cans out of the consumer credit mar-
myself such time as I may consume. ket.
gentlewoman from California (Ms. Mr. Speaker, I rise in opposition to
WATERS). Moreover, we should not be limiting
the amendments offered by Representa- small businesses’ ability to collect pay-
The question is on the amendments tives LUETKEMEYER and BURGESS. Rep-
en bloc. ments at any time, but especially when
resentative BURGESS’ amendment does they are already hurting from the pan-
The question was taken; and the not provide any new protections for demic-related shutdowns.
Speaker pro tempore announced that low-income consumers or consumers The point is, constraining debt col-
the ayes appeared to have it. with no credit or poor credit history. lection will undermine the under-
Mrs. WAGNER. Mr. Speaker, on that Instead, this is an attempt to prevent writing system and increase risk to the
I demand the yeas and nays. my bill, H.R. 2547, from being imple- financial system. This ultimately
The SPEAKER pro tempore. Pursu- mented at all. Under the guise of a cer- makes extending credit more expensive
ant to section 3(s) of House Resolution tification standard, Mr. BURGESS’ for all borrowers, and may exclude the
8, the yeas and nays are ordered. amendment would create a legal loop- lowest income borrowers entirely.
Pursuant to clause 8 of rule XX, fur- hole for unscrupulous debt collectors There is bipartisan consensus that a
ther proceedings on this question are to challenge and potentially block not consumer who owes a debt should be
postponed. just some, but all of the protections in- treated with respect and dignity and
AMENDMENTS EN BLOC NO. 2 OFFERED BY MS. cluded in this bill for servicemembers, not be subjected to abusive or
WATERS OF CALIFORNIA student borrowers, borrowers with a harassing behavior. The law already
Ms. WATERS. Mr. Speaker, pursuant medical debt, and so many more. upholds this notion.
to section 3 of House Resolution 380, I This is not a serious attempt to have Mr. Speaker, I urge my colleagues to
offer amendments en bloc No. 2. low-income borrowers, it is an attempt support this en bloc, and I reserve the
The SPEAKER pro tempore. The to protect debt collectors who are mak- balance of my time.
Clerk will designate the amendments ing record profits during this pan- Ms. WATERS. Mr. Speaker, I yield 2
en bloc. demic. minutes to the gentlewoman from
I do not support this poison pill Texas (Ms. JACKSON LEE).
Amendments en bloc No. 2 consisting
amendment. Representative LUETKE- Ms. JACKSON LEE. Mr. Speaker, let
of amendment Nos. 4 and 8, printed in
MEYER’s amendment to study and delay
part B of House Report 117–29, offered me thank the chairwoman, the gentle-
misses the mark on what is needed to woman from California for yielding.
by Ms. WATERS of California: protect consumers from the harm of
AMENDMENT NO. 4 OFFERED BY MR. BURGESS OF
Mr. Speaker, this is a stupendous ef-
ongoing, unfair debt collection prac- fort, and I did not want to miss the op-
TEXAS
tices. portunity to speak on behalf of my
Strike section 901 and insert the following: Copious research has been shown
SEC. 901 EFFECTIVE DATE.
constituents, for debt blocks you from
that debt collection harassment and living your life as a family, as a recent
This Act and the amendments made by mistreatment have created undue
this Act shall take effect on the date that is college graduate, as a veteran, and as
stress and financial burdens on con-
the later of— an enlisted person. All of these people
sumers, especially for low-income peo-
(1) the date that is 180 days after the date are in my congressional district. Texas
ple, and in communities of color.
of the enactment of this Act; and
My bill does not restrict debt collec- has the highest number of military per-
(2) the date on which the Secretary of the sonnel.
Treasury certifies to Congress that the en- tion, but rather ensures consumer pro-
tection for those who are facing harass- Have you ever had them come into
actment of this Act will not— your house, excuse me, into your of-
(A) limit the availability of debt products ment or other abusive tactics used by
debt collectors. fice—sometimes it is like my house be-
for Americans who do not have a credit his-
tory, who have a poor credit history, or who Millions of consumers are still strug- cause I live there, almost—and tell you
are from lower socio-economic backgrounds’’ gling to make ends meet during this about the inability to access credit, or
part to apply to both parts; or tragic public health pandemic. Instead the eviction notice, or the repossessing
(B) increase the cost of debt products for of considering the amount of stress of the car, and therefore, impacting on
Americans who do not have a credit history, consumers feel when they get sick, their credit, but more importantly,
who have a poor credit history, or who are being threatened to lose benefits by
need medical care, and face harassment
from lower socio-economic backgrounds. outside debt collectors.
from a debt collector, Mr. LUETKE-
AMENDMENT NO. 8 OFFERED BY MR. So the legislation here, and might I
MEYER’s amendment would commission
LUETKEMEYER OF MISSOURI rise to oppose the amendments that are
a study and delay implementation of
Redesignate title IX as title X. my bill by a full year. en bloc at this time, but I thought it
Redesignate section 901 as section 1001. H.R. 2547 would already provide the was important to be able to discuss the
Strike section 1001 and insert the fol- importance of this particular combina-
lowing:
Consumer Financial Protection Bureau
with a sensible 6-month implementa- tion of legislation that goes to the very
ctelli on DSK11ZRN23PROD with HOUSE
SEC. 1001. EFFECTIVE DATE.
tion period, during which the Bureau needs and hearts of our district by pro-
This Act and the amendments made by
can give all stakeholders guidance on hibiting the use of confession of judg-
this Act shall take effect on the date on
which the Comptroller General of the United how to comply. ment as an unfair credit practice, and
States issues a report pursuant to section Mr. Speaker, I urge my colleagues to providing the opportunity, as I said, to
901. oppose both of these amendments, and ensure that we are protecting those in-
After title VIII insert the following: I reserve the balance of my time. dividuals that are military.
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May 13, 2021 CONGRESSIONAL RECORD — HOUSE H2289
According to the CFPB, in the past Debt in collection can wreak havoc on indi- As we work to bolster our national economic
year, debt collection accounted for 27 viduals, subjecting them to harassing debt col- recovery, Americans must have better safe-
percent of all complaints received, 49 lection calls and potential lawsuits. guards against predatory debt collection ac-
percent of which were for attempts to Annually, hundreds of thousands of individ- tions like this.
collect a debt not owed. During uals face threats, harassment at home and the This bill offers comprehensive reforms
COVID–19 people suffered economi- workplace, and abusive litigation from unscru- against predatory debt collection efforts in sev-
cally. pulous debt collectors. eral ways, and I would like to touch on two
For example, in April 2020, Kate While all Americans are covered by laws protections included in these reforms—those
Boatswain, Texas resident and grand- barring debt collectors from overly aggressive reforms offered for our small business owners
mother of three, had been laid off from or deceptive tactics, these laws are insufficient and members of the military.
work due to the pandemic. Her savings in many cases, and protections for Americans Since at least 2018, an arcane legal docu-
account had held a $4,900 tax refund. must be improved. ment called a confession of judgment has tar-
But when she checked her account, it Debt collectors use predatory tactics that geted our hard-working small businesses and
showed a negative balance. Ms. Boat- undermine citizens’ rights with misleading and forced financial ruin on tens of thousands of
swain drove to her credit union to find confusing information. contractors and small business owners.
out what happened, only to be told that Each year, millions of lawsuits are filed by Before many small business owners get a
staff members were not allowed to ex- ‘‘lawsuit mills,’’ and in some cases, thousands loan, they are forced to sign a statement
plain. She was given a number to a of affidavits are filed in a single day that have called a confession of judgment which gives
debt collection law firm. They had inaccurate information about the debt and the up their right to defend themselves if the lend-
taken her money. debtors. er takes them to court.
So this legislation that protects mili- Consumers are often not even given the Armed with this confession of judgment, a
tary persons, grandmothers, small chance to defend themselves because collec- lender can, without proof, accuse borrowers of
business owners, is extremely crucial, tors hire process servers that falsely certify not paying and legally seize their assets be-
and I ask my colleagues to support this documents have been delivered. fore they know what has happened—a prac-
legislation, H.R. 2547. Let’s stop debt Most consumers are not represented by an tice that has not surprisingly been abused by
and let’s make sure Americans can attorney and debt collectors overwhelmingly some lenders.
seek default judgments against them in these Then, without contacting the borrower, lend-
thrive.
cases. ers can immediately withdraw the value of the
Mr. Speaker, I rise today to discuss the rule
This past year has seen a rise in aggressive loan, including the full interest payments, from
governing debate of H.R. 2547, the ‘‘Com-
debt collections due to the impact of COVID– their accounts.
prehensive Debt Collection Improvement Act,’’
19, according to the Consumer Financial Pro- By requiring the borrower to accept any and
which is an incredibly important comprehen-
tection Bureau (‘‘CFPB’’). all liabilities and damages pertaining to the
sive bill that clarifies and expands the rights of Despite the enactment of the FDCPA in loan, it undermines and circumvents the entire
Americans facing all forms of debt collection, 1977, debt collection remains a frequent judicial process.
and also extends existing consumer protec- source of complaints to the CFPB. The borrower has no legal right to dispute
tions to small businesses, prohibits debt col- According to the CFPB, in the past year these claims or prove their compliance with
lectors from threatening service members with debt collection accounted for 27 percent of all the terms of the loan contract, making them
a reduction in rank or loss of security clear- complaints received, 49 percent of which were virtually powerless to reclaim—what often
ance, restricts contact to consumers by email for attempts to collect a debt not owed. ends up being—their life’s savings.
or text messages, and requires discharge of These trends devastate communities across Although Congress banned the use of con-
private student loans in the case of permanent the country as unmanageable debt and house- fessions of judgment for consumers in 1985,
disability for the borrower. hold financial crises become ubiquitous across small businesses were left exposed and re-
H.R. 2547 better protects vulnerable con- the country during this pandemic, and they im- main particularly susceptible to this unfair debt
sumers by enacting a wide variety of critical pact Black and LatinX communities most collection practice.
reforms, including: harshly due to longstanding racial and ethnic H.R. 2547 fixes this oversight by extending
Prohibiting the use of confessions of judg- gaps in poverty and wealth. the ban on confessions of judgment to com-
ment as an unfair credit practice that eliminate The COVID–19 pandemic has been among mercial loans nationally by amending the Truth
notice and the right to be heard; the most disruptive long-term events we will in Lending Act and closing the loophole that
Prohibiting certain abusive collection prac- see in our lifetimes, and it is not surprising has allowed thousands of American small
tices directed at servicemembers, including that the shockwaves it sent across the planet businesses to be seized and brought down by
threats to reduce rank or revoke security were felt deeply in the consumer financial dishonest lenders.
clearance; marketplace. Military members and their families face par-
Requiring discharge of private student loans Texans have the second-highest rate of ticular financial challenges requiring extra pro-
due to total and permanent disability; debt in collections in the country and are tections: in service to their country, they relo-
Prohibiting collection of medical debt for the uniquely vulnerable because the state’s con- cate frequently, deploy overseas and are a
first two years and credit reporting of debt sumer protections for bank account garnish- prime target for scammers.
arising from any medically necessary proce- ments are virtually nonexistent. Military members are also more vulnerable
dures; For example, in April 2020 Kate Boatswain, to debt collectors in some instances, and debt
Requiring debt collectors to obtain consent Texas resident and grandmother of three, had collectors have taken advantage of this vulner-
before using electronic communications and been laid off work due to the pandemic. ability by targeting members of the Armed
provide written validation notices; Her savings account had held a $4,900 tax Services through calling their superior officers,
Amending the FDCPA to expand and clarify refund, but when she checked her account, it threatening reduction in rank and even courts-
coverage, including extending coverage for all showed a negative balance. martial.
federal, state, and local debts collected by Ms. Boatswain drove to her credit union to Nearly 40 percent of complaints filed by
debt collectors; find out what happened, only to be told that servicemembers with the CFPB concern debt
Adjusting statutory damages in the FDCPA staff members were not allowed to explain collection—as compared to only 26 percent by
for inflation and indexing them to index for in- why. non-servicemembers.
flation in the future; and She was given a number to a debt collec- Our servicemen and servicewomen make
Clarifying FDCPA coverage for non-judicial tion law firm, and a man at the firm tersely ex- extraordinary sacrifices on our behalf, and
foreclosures. plained that she had owed money to Wells they should not be forced to confront aggres-
An estimated 77 million Americans have a Fargo since 2006. sive and manipulative debt collectors who cap-
debt that has been turned over to a private The debt was now owned by a client of the italize on the strains required of them in the
collection agency, and predatory debt collec- law firm who was trying to collect, and the cli- course of their duties.
ctelli on DSK11ZRN23PROD with HOUSE
tion affects communities and families across ent was not interested in solutions—telling Ms. We must address this fact and protect the
the country. Boatswain that, ‘‘We already have your women and men who have served our country
The debts owed can be as small as a few money.’’ and remove the unethical methods debt col-
dollars, and they can involve every kind of In a time of national crisis and economic lectors use to prey upon our servicemembers.
consumer debt, from car payments to utility hardship, Ms. Boatswain was left without Mr. Speaker, I encourage all members to
bills to student loans to medical fees. money for her mortgage and for her family. support this legislation, because it is critical for
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H2290 CONGRESSIONAL RECORD — HOUSE May 13, 2021
the United States’ Congress to stand with our SECTION 1. REQUIREMENT FOR CONFESSIONS ‘‘(9) The representation to any covered
OF JUDGEMENT. member (as defined under section 805(e)(1))
small business owners, students, the women
(a) IN GENERAL.—Chapter 2 of the Truth in that failure to cooperate with a debt col-
and men who have served our country, and Lending Act (15 U.S.C. 1631 et seq.) is amend- lector will result in—
millions of Americans to address unfair and ed by adding at the end the following: ‘‘(A) a reduction in rank of the covered
predatory debt collection efforts. ‘‘§ 140B. Unfair credit practices member;
Mrs. WAGNER. Mr. Speaker, I yield ‘‘(B) a revocation of the covered member’s
‘‘In connection with the extension of credit
myself the balance of my time. or creation of debt in or affecting commerce, security clearance; or
Mr. Speaker, this en bloc will ensure as defined in section 4 of the Federal Trade ‘‘(C) prosecution under chapter 47 of title
that we know the true consequences of Commission Act (15 U.S.C. 44), including any 10, United States Code (the Uniform Code of
this bill before it becomes effective. advance of funds or sale or assignment of fu- Military Justice).’’.
Payment for services rendered is a fun- ture income or receivables that may or may SEC. 3. GAO STUDY AND REPORT.
damental premise of our credit-based not be credit, no person may take or receive (a) STUDY.—The Comptroller General of
free market system. from another person an obligation that con- the United States shall conduct a study on
stitutes or contains a cognovit or confession the impact of debt collection on covered
Republicans want to ensure legisla-
of judgment (for purposes other than execu- members (as defined under section 805(e)(1)
tion passed by this House will not limit tory process in the State of Louisiana), war- of the Fair Debt Collection Practices Act, as
access to credit, price large swaths of rant of attorney, or other waiver of the right added by section 201), which shall—
Americans out of the consumer credit to notice and the opportunity to be heard in (1) identify types of false, deceptive, mis-
market, or restrict small businesses’ the event of suit or process thereon unless leading, unfair, abusive, and harassing debt
ability to collect payments for services the other person provides to the lender a collection practices experienced by covered
provided. written affidavit describing the nature of the members and make recommendations to
Mr. Speaker, I urge my colleagues to default and the date on which such default eliminate these practices;
occurred.’’. (2) identify collection practices of creditors
support this en bloc, and I yield back
(b) TECHNICAL AND CONFORMING AMEND- and debt collectors experienced by covered
the balance of my time. MENTS.—The Truth in Lending Act (15 U.S.C. members;
Ms. WATERS. Mr. Speaker, I yield 1601 et seq.) is amended— (3) discuss the effect of these practices on
myself the balance of my time. (1) in section 103, by adding at the end the military readiness; and
Mr. Speaker, Representatives BUR- following: (4) discuss any national security implica-
GESS and LUETKEMEYER’ proposed ‘‘(ff) The term ‘debt’ means any obligation tions, including the extent to which covered
amendments would not provide strong- of a person to pay to another person money— members with security clearances would be
er protections for consumers who are ‘‘(1) regardless of whether such obligation impacted by uncollected debt.
is absolute or contingent if the under- (b) REPORT.—Not later than one year after
saddled with debt, while navigating the
standing between the parties is that any part the date of enactment of this Act, the Comp-
various challenges they have faced, of the money shall be or may be returned; troller General of the United States shall
through no fault of their own, by this ‘‘(2) that includes the right of the person submit to Congress a report on the com-
terrible pandemic. providing the money to an equitable remedy pleted study required under subsection (a).
Instead, these amendments would for breach of performance if the breach gives SEC. 4. PROTECTIONS FOR OBLIGORS AND CO-
needlessly delay or prevent my bill, rise to a right to payment; and SIGNERS IN CASES OF DEATH OR
H.R. 2547, the Comprehensive Debt Col- ‘‘(3) regardless of whether the obligation or TOTAL AND PERMANENT DIS-
right to an equitable remedy described in ABILITY.
lection Improvement Act, from being
paragraph (2) has been reduced to judgment, (a) IN GENERAL.—Section 140(g) of the
implemented. Truth in Lending Act (15 U.S.C. 1650) is
fixed, contingent, matured, unmatured, dis-
Mr. Speaker, I urge my colleagues to puted, undisputed, secured, or unsecured.’’; amended—
reject these amendments, and I yield and (1) in paragraph (2)—
back the balance of my time. (2) in section 130(a), by striking ‘‘creditor’’ (A) in the heading, by striking ‘‘IN CASE OF
The SPEAKER pro tempore. Pursu- each place the term appears and inserting DEATH OF BORROWER’’;
ant to House Resolution 380, the pre- ‘‘person’’. (B) in subparagraph (A), by inserting after
vious question is ordered on the SEC. 2. ENHANCED PROTECTION AGAINST DEBT ‘‘of the death’’, the following: ‘‘or total and
amendments en bloc offered by the COLLECTOR HARASSMENT OF permanent disability’’; and
SERVICEMEMBERS. (C) in subparagraph (C), by inserting after
gentlewoman from California (Ms. ‘‘of the death’’, the following: ‘‘or total and
(a) COMMUNICATION IN CONNECTION WITH
WATERS). DEBT COLLECTION.—Section 805 of the Fair permanent disability’’; and
The question is on the amendments Debt Collection Practices Act (15 U.S.C. (2) by adding at the end the following:
en bloc. 1692c) is amended by adding at the end the ‘‘(3) DISCHARGE IN CASE OF DEATH OR TOTAL
The question was taken; and the following: AND PERMANENT DISABILITY OF BORROWER.—
Speaker pro tempore announced that ‘‘(e) COMMUNICATIONS CONCERNING SERVICE- The holder of a private education loan may,
the noes appeared to have it. MEMBER DEBTS.— upon request of the estate of a deceased stu-
Mrs. WAGNER. Mr. Speaker, on that ‘‘(1) DEFINITION.—In this subsection, the dent obligor or, in the case of a student obli-
term ‘covered member’ means— gor who incurs a total and permanent dis-
I demand the yeas and nays. ability, upon certification by a medical pro-
‘‘(A) a covered member or a dependent as
The SPEAKER pro tempore. Pursu- defined in section 987(i) of title 10, United fessional of such total and permanent dis-
ant to section 3(s) of House Resolution States Code; and ability, discharge the liability of the student
8, the yeas and nays are ordered. ‘‘(B)(i) an individual who was separated, obligor on the loan and may not, after such
Pursuant to clause 8 of rule XX, fur- discharged, or released from duty described a discharge—
ther proceedings on this question are in such section 987(i)(1), but only during the ‘‘(A) attempt to collect on the outstanding
postponed. 365-day period beginning on the date of sepa- liability of the student obligor; and
ration, discharge, or release; or ‘‘(B) in the case of total and permanent
b 1345 ‘‘(ii) a person, with respect to an individual disability, monitor the disability status of
described in clause (i), described in subpara- the student obligor at any point after the
AMENDMENT NO. 9 OFFERED BY MRS. WAGNER graph (A), (D), (E), or (I) of section 1072(2) of date of discharge.
The SPEAKER pro tempore. It is now title 10, United States Code. ‘‘(4) TOTAL AND PERMANENT DISABILITY DE-
in order to consider amendment No. 9 ‘‘(2) PROHIBITIONS.—A debt collector may FINED.—For the purposes of this subsection
printed in part B of House Report 117– not, in connection with the collection of any and with respect to an individual, the term
debt of a covered member— ‘total and permanent disability’ means the
29. individual is totally and permanently dis-
‘‘(A) threaten to have the covered member
Mrs. WAGNER. Mr. Speaker, I rise as reduced in rank; abled, as such term is defined in section
the designee of Ranking Member ‘‘(B) threaten to have the covered mem- 685.102(b) of title 34 of the Code of Federal
MCHENRY, and I have an amendment at ber’s security clearance revoked; or Regulations.’’.
the desk. ‘‘(C) threaten to have the covered member (b) RULEMAKING.—The Director of the Bu-
ctelli on DSK11ZRN23PROD with HOUSE
The SPEAKER pro tempore. The prosecuted under chapter 47 of title 10, reau of Consumer Financial Protection may
Clerk will designate the amendment. United States Code (the Uniform Code of issue rules to implement the amendments
The text of the amendment is as fol- Military Justice).’’. made by subsection (a) as the Director deter-
(b) UNFAIR PRACTICES.—Section 808 of the mines appropriate.
lows: Fair Debt Collection Practices Act (15 U.S.C. (c) EFFECTIVE DATE.—The amendments
Strike all after the enacting clause and in- 1692f) is amended by adding at the end the made by this section shall take effect 1 year
sert the following: following: after the date of the enactment of this Act.
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May 13, 2021 CONGRESSIONAL RECORD — HOUSE H2291
SEC. 5. EXCLUSION OF PAID MEDICAL DEBT. targeted approaches to improve the Mr. MCHENRY’s partisan proposal is a
Section 605(a) of the Fair Credit Reporting debt collection and credit reporting nonstarter and not a serious attempt
Act (15 U.S.C. 1681c(a)) is amended by adding framework. to find common ground with bipartisan
at the end the following:
First, this amendment requires the support. The Republican substitute
‘‘(9) Paid debt arising from the receipt of
medically necessary, non-elective medical inclusion of a clear disclosure when a amendment does not include several
services, products, or devices which from the confession of judgment, or COJ, is part important elements of my bill, H.R.
date of payment, antedate the report by of a business lending contract. It also 2547, and fundamentally weakens many
more than 1 year.’’. requires lenders to obtain a written af- essential protections in the few provi-
SEC. 6. OPT-OUT NOTICE FOR ELECTRONIC COM- fidavit containing the date and nature sions he included.
MUNICATIONS OR ATTEMPTS TO of a borrower’s default in order to exe- For example, Mr. MCHENRY included
COMMUNICATE.
cute a confession of judgment. This a prohibition on confessions of judg-
Section 805 of the Fair Debt Collection
will help to ensure small businesses ment based on title I. However, he in-
Practices Act (15 U.S.C. 1692c), as amended
by this Act, is further amended by adding at know the full terms and conditions of cluded a harmful provision related to
the end the following new subsection: their agreement and help to crack written affidavits, effectively under-
‘‘(f) OPT-OUT NOTICE FOR ELECTRONIC COM- down on reported misuse of COJs while mining the prohibition on confessions
MUNICATIONS OR ATTEMPTS TO COMMU- allowing these important repayment of judgment, and severely reducing pro-
NICATE.—A debt collector who communicates tools to remain in use. tections for small businesses struggling
or attempts to communicate with a con- This amendment preserves the serv- during this pandemic.
sumer electronically in connection with the icemember protection bill sponsored by The Federal Trade Commission
collection of a debt using a specific email ad- the gentlewoman from Pennsylvania. banned confessions of judgment more
dress, telephone number for text messages,
or other electronic-medium address shall in-
In fact, I would remind my colleagues than 35 years ago in 1985 for consumer
clude in such communication or attempt to that we just passed this bill on suspen- loans. Our committee learned that
communicate a clear and conspicuous state- sion 3 weeks ago. We should focus on small business owners, like taxicab
ment describing a reasonable and simple getting this bill enacted into law rath- drivers, have unwittingly waived their
method by which the consumer can opt out er than packaging it up in a wish list of typical due process rights when it
of further electronic communications or at- partisan policies. comes to debt collection because these
tempts to communicate by the debt collector This amendment would allow the es- harmful confessions of judgment terms
to that address or telephone number. The tate of a deceased or permanently dis- were tucked into their small business
debt collector may not require, directly or
abled student loan borrower to request loan.
indirectly, that the consumer, in order to
opt out, pay any fee to the debt collector or a discharge of the student loan debt. Representative VELÁZQUEZ has been
provide any information other than the con- This change would codify the current leading the effort on this in the House,
sumer’s opt-out preferences and the email practice used by private lenders to en- working in a bipartisan fashion with
address, telephone number for text messages, sure that student loan borrowers are Senators BROWN and RUBIO. However, if
or other electronic-medium address subject indeed protected. we take the approach proposed by Mr.
to the opt-out request.’’. This amendment would also address MCHENRY, small businesses will con-
SEC. 7. EFFECTIVE DATE. concerns with medical debt. It would tinue to be ripped off.
Except as otherwise provided, this Act and eliminate the inclusion of paid, medi- Moreover, I would add H.R. 2547 in-
the amendments made by this Act shall take cally necessary, nonelective medical cludes several other bipartisan provi-
effect on the date that is 180 days after the debt in credit reports. This provision is sions, including title II, which is based
date of enactment of this Act.
a responsible way to address the chal- on a bill by Representative DEAN to
The SPEAKER pro tempore. Pursu- lenges that many face in repaying med- protect servicemembers from harass-
ant to House Resolution 380, the gen- ical debt. At the same time, it does not ment and threats from debt collectors.
tlewoman from Missouri (Mrs. WAG- make healthcare more expensive or The House has unanimously passed
NER) and a Member opposed each will services less available. title II as a standalone bill twice, both
control 5 minutes. Finally, this amendment acknowl- last year and this year.
The Chair recognizes the gentle- edges the work of the CFPB. What my Additionally, title VI would enhance
woman from Missouri. colleagues won’t tell you is that the protections related to Federal agency
Mrs. WAGNER. Mr. Speaker, I yield final debt collection rule was the cul- debts based on a bill by Representative
myself such time as I may consume. mination of more than 7 years of re- CLEAVER that has been bipartisan for a
Mr. Speaker, since taking the major- search and analysis. It clarified the al- number of years, but when we tried to
ity in the House last Congress, Demo- lowable uses of modern communication move it on the suspension calendar last
crats have attempted to undermine the technology. year, Republicans changed their mind.
financial system through a partisan This amendment, unlike the under- Unfortunately, at a time when con-
wish list that is focused on one thing: lying bill, is a commonsense approach sumers are suffering while debt collec-
undermining the pillars of our finan- to improve the consumer experience in tors make record profits during the
cial system. Now with one party domi- debt collection and credit reporting. It pandemic, the House Republican alter-
nating, they are jamming through a will strengthen our financial system native is not a serious effort to reform
bill that will not only hurt the very while increasing options and choices and modernize our debt collection laws.
borrowers they claim they are trying for consumers when they owe debt. So, Mr. Speaker, I urge my col-
to help, but it will bring down our cred- I hope my colleagues on the other leagues to reject the McHenry sub-
it markets. side of the aisle will recognize this ef- stitute amendment, and I reserve the
There is no doubt that individuals fort to make improvements that will balance of my time.
and families are hurting. There is no benefit consumers and small busi- Mrs. WAGNER. Mr. Speaker, I con-
doubt that the pandemic brought on nesses. tinue to reserve the balance of my
additional challenges. But under- Mr. Speaker, I urge support for the time.
mining our financial system is not the ranking member’s amendment, and I Ms. WATERS. Mr. Speaker, I yield 2
way to help Americans. reserve the balance of my time. minutes to the gentleman from Massa-
Our financial system needs strong Ms. WATERS. Mr. Speaker, I rise in chusetts (Mr. AUCHINCLOSS).
underwriting practices to keep it opposition to the amendment. Mr. AUCHINCLOSS. Mr. Speaker, I
strong and reduce risk when extending The SPEAKER pro tempore. The gen- reject the amendment from the rank-
credit. This is what makes credit more tlewoman from California is recognized ing member, and I urge my colleagues
available at a lower cost to more bor- for 5 minutes. to do the same. I reject it because it
ctelli on DSK11ZRN23PROD with HOUSE
rowers. This is not to say that the sys- Ms. WATERS. Mr. Speaker, I yield undermines the premise of the chair-
tem is perfect. Republicans agree there myself such time as I may consume. woman’s bill. The premise of the chair-
are some improvements that can be Mr. Speaker, I rise in opposition to woman’s bill is not prudential under-
made to the way the system operates. the substitute amendment offered by writing as a core premise of our econ-
The gentleman’s amendment would our committee’s ranking member, Mr. omy which, of course, we need. It is not
replace the underlying bill with several MCHENRY. about payments for goods and services
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H2292 CONGRESSIONAL RECORD — HOUSE May 13, 2021
which is obviously a pillar of the Mrs. WAGNER. Mr. Speaker, on that Sewell Swalwell Veasey
Sherman Takano Vela
United States system of business. I demand the yeas and nays. Sherrill Thompson (CA) Velázquez
It is about fairness. It is about fair- The SPEAKER pro tempore. Pursu- Sires Thompson (MS) Wasserman
ness in the allocation of credit and ant to section 3(s) of House Resolution Slotkin Titus Schultz
fairness in the collection of debt. 8, the yeas and nays are ordered. Smith (WA) Tlaib Waters
Soto Tonko Watson Coleman
What the chairwoman has put for- Pursuant to clause 8 of rule XX, fur- Spanberger Torres (CA) Welch
ward and what the amendment from ther proceedings on this question are Speier Torres (NY)
Wexton
the ranking member would undermine postponed. Stanton Trahan
Williams (GA)
Stevens Trone
is a bill that recognizes that people AMENDMENTS EN BLOC NO. 1 OFFERED BY MS. Strickland Underwood
Wilson (FL)
should not be punished for cir- WATERS OF CALIFORNIA Suozzi Vargas Yarmuth
cumstances outside of their control. The SPEAKER pro tempore. Pursu- NAYS—202
They should not be precluded from ac- ant to clause 8 of rule XX, the unfin- Aderholt Gohmert Moolenaar
cessing credit for something that hap- ished business is the question on the Allen Gonzales, Tony Mooney
pened to them that they did not wish adoption of amendments en bloc No. 1, Amodei Gonzalez (OH) Moore (AL)
upon themselves, and that they had no printed in part B of House Report 117– Armstrong Good (VA) Moore (UT)
volition in doing. Arrington Gooden (TX) Mullin
29, on which further proceedings were Babin Gosar Murphy (NC)
For example, this bill would ensure postponed and on which the yeas and Bacon Granger Nehls
that medical debts do not prohibit peo- nays were ordered. Baird Graves (LA) Newhouse
ple’s access to credit. The senior Sen- The Clerk will redesignate the Balderson Graves (MO) Norman
Banks Green (TN) Nunes
ator from my home State of Massachu- amendments en bloc. Barr Greene (GA) Obernolte
setts famously demonstrated that med- The Clerk redesignated the amend- Bentz Griffith Owens
ical bankruptcies were plaguing the ments en bloc. Bergman Grothman Palazzo
middle class and the working class in Bice (OK) Guest Palmer
The SPEAKER pro tempore. The Biggs Guthrie
this country. Indeed, the Consumer Fi- Pence
question is on the amendments en bloc Bilirakis Hagedorn Perry
nancial Protection Bureau has reported offered by the gentlewoman from Cali- Bishop (NC) Harris Pfluger
that medical debt has a significant im- fornia (Ms. WATERS). Boebert Harshbarger Posey
Bost Hartzler
pact on consumer credit. After Ameri- The vote was taken by electronic de- Brady Hern
Reed
Reschenthaler
cans undergo lifesaving treatment, vice, and there were—yeas 210, nays Brooks Herrell Rice (SC)
they should not have to worry about 202, not voting 18, as follows: Buchanan Herrera Beutler Rodgers (WA)
the impact of a necessary medical pro- Buck Hice (GA) Rogers (AL)
[Roll No. 138] Bucshon Higgins (LA)
cedure that they will have to stay at Rogers (KY)
YEAS—210 Budd Hill Rose
home to convalesce will have on their Burchett Hinson Rosendale
Adams Doggett Lynch
ability to then restart their life, start Aguilar Doyle, Michael Malinowski
Burgess Hollingsworth
Rouzer
Calvert Hudson
a business, or care for their family. Allred F. Maloney, Cammack Huizenga
Roy
H.R. 2547 seeks to give consumers Auchincloss Escobar Carolyn B. Rutherford
Carl Issa
Axne Eshoo Maloney, Sean Salazar
time to fully recover until they are Carter (GA) Jackson
Scalise
Barragán Espaillat Manning Carter (TX) Johnson (LA)
able to pay their bills. Nobody chooses Bass Evans Matsui Schweikert
Cawthorn Johnson (OH)
to get sick, Mr. Speaker, and being Beatty Fletcher McBath Chabot Johnson (SD)
Scott, Austin
sick should not show up on your credit Bera Foster McCollum Sessions
Cheney Jordan
Bishop (GA) Frankel, Lois McEachin Smith (MO)
report as you seek to access credit in Blumenauer Gallego McGovern
Cline Joyce (OH)
Smith (NE)
Cloud Joyce (PA)
the future. Blunt Rochester Garamendi McNerney Clyde Katko Smith (NJ)
This bill is also about fairness in how Bonamici Garcı́a (IL) Meeks Cole Keller Smucker
we collect debts. There, of course, Bourdeaux Garcia (TX) Meng Crawford Kelly (PA) Spartz
Bowman Gomez Mfume Crenshaw Kim (CA) Stauber
should be payments for goods and serv- Boyle, Brendan Gonzalez, Morelle Steel
Curtis Kinzinger
ices, but there does not need to be and F. Vicente Moulton Davidson Kustoff Stefanik
there should not be harassment. Brown Gottheimer Mrvan DesJarlais LaMalfa Steil
Brownley Green, Al (TX) Nadler Steube
As a former marine officer, it deeply Bush Grijalva Napolitano
Diaz-Balart Lamborn
Donalds Latta Stewart
concerns me that servicemembers who Bustos Harder (CA) Neal Taylor
Duncan LaTurner
need to concentrate on the mission at Butterfield Hayes Neguse Dunn Letlow Tenney
hand might be distracted, and, indeed, Carbajal Higgins (NY) Newman Emmer Long Thompson (PA)
Cárdenas Himes Norcross Estes Loudermilk Tiffany
might even be demoted for debts out- Carson Horsford O’Halleran Timmons
Fallon Lucas
side of their control. Carter (LA) Houlahan Ocasio-Cortez Feenstra Luetkemeyer Turner
Mrs. WAGNER. Mr. Speaker, I yield Cartwright Hoyer Omar Ferguson Mace Upton
myself the balance of my time. Case Huffman Pallone Fischbach Malliotakis Valadao
Casten Jackson Lee Panetta Fitzgerald Mann Van Drew
Mr. Speaker, this amendment re- Castor (FL) Jacobs (CA) Pappas Van Duyne
Fitzpatrick Massie
places the underlying bill with tar- Castro (TX) Jayapal Pascrell Fleischmann Mast Wagner
geted approaches to improve the debt Chu Jeffries Payne Fortenberry McCarthy Walberg
Cicilline Johnson (GA) Perlmutter Walorski
collection and credit reporting frame- Clark (MA) Johnson (TX) Peters
Foxx McCaul
Franklin, C. McClain Waltz
work. This amendment preserves op- Clarke (NY) Kahele Phillips Weber (TX)
Scott McClintock
tions for consumers and ensures that Cleaver Kaptur Pingree Fulcher McHenry Wenstrup
small businesses are paid for services Clyburn Keating Pocan Gaetz McKinley Westerman
Cohen Kelly (IL) Porter Gallagher Meijer Williams (TX)
that they provide. This amendment Connolly Khanna Pressley Garbarino Meuser Wittman
will ensure our financial system re- Cooper Kildee Price (NC) Garcia (CA) Miller (IL) Womack
mains safe and sound. Correa Kilmer Quigley Gibbs Miller (WV) Young
Costa Kim (NJ) Raskin
Mr. Speaker, I urge my colleagues to Courtney Kind Rice (NY)
Gimenez Miller-Meeks Zeldin
vote ‘‘yes’’ on this amendment, and I Craig Kirkpatrick Ross NOT VOTING—18
yield back the balance of my time. Crist Krishnamoorthi Roybal-Allard
Beyer Kelly (MS) Murphy (FL)
Ms. WATERS. Mr. Speaker, I yield Crow Kuster Ruiz
Comer LaHood Simpson
Cuellar Lamb Ruppersberger
back the balance of my time. Davids (KS) Langevin Rush
Davis, Rodney Lesko Stivers
The SPEAKER pro tempore. Pursu- Golden Lieu Webster (FL)
Davis, Danny K. Larsen (WA) Ryan
Jacobs (NY) Lowenthal Wild
ant to House Resolution 380, the pre- Dean Larson (CT) Sánchez
Jones Moore (WI) Wilson (SC)
vious question is ordered on the DeFazio Lawrence Sarbanes
b 1430
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DeGette Lawson (FL) Scanlon
amendment offered by the gentle- DeLauro Lee (CA) Schakowsky
woman from Missouri (Mrs. WAGNER). DelBene Lee (NV) Schiff Mr. MEIJER changed his vote from
The question is on the amendment. Delgado Leger Fernandez Schneider ‘‘yea’’ to ‘‘nay.’’
The question was taken; and the Demings Levin (CA) Schrader Ms. DEAN and Mr. HORSFORD
DeSaulnier Levin (MI) Schrier
Speaker pro tempore announced that Deutch Lofgren Scott (VA) changed their vote from ‘‘nay’’ to
the noes appeared to have it. Dingell Luria Scott, David ‘‘yea.’’
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May 13, 2021 CONGRESSIONAL RECORD — HOUSE H2293
So the en bloc amendments were Katko Moore (AL) Smith (NE) Smith (WA) Titus Velázquez
Keller Moore (UT) Smith (NJ) Soto Tlaib Wasserman
agreed to. Kelly (PA) Mullin Smucker Speier Tonko Schultz
The result of the vote was announced Kim (CA) Murphy (NC) Spanberger Stanton Torres (CA) Waters
as above recorded. Kinzinger Nehls Spartz Stevens Torres (NY) Watson Coleman
A motion to reconsider was laid on Kustoff Newhouse Stauber Strickland Trahan Welch
LaHood Norman Steel Suozzi Trone Wexton
the table. LaMalfa Nunes Swalwell Underwood Wild
Stefanik
Stated for: Lamborn Obernolte Steil Takano Vargas Williams (GA)
Ms. WILD. Madam Speaker, I arrived a mo- Latta Owens Steube Thompson (CA) Veasey Wilson (FL)
LaTurner Palazzo Thompson (MS) Vela Yarmuth
ment too late to vote. Had I been present, I Lesko Palmer
Stewart
would have voted ‘‘yea’’ on rollcall No. 138. Stivers NOT VOTING—8
Letlow Pence Taylor
Mr. JONES. Madam Speaker, due to per- Long Perry
Tenney Brady Jacobs (NY) Thompson (PA)
sonal reasons, I was unable to record my Loudermilk Pfluger Crawford Kelly (MS) Webster (FL)
Tiffany
Lucas Posey Golden Murphy (FL)
vote. Had I been present, I would have voted Luetkemeyer Reed
Timmons
‘‘yea’’ on rollcall No. 138. Turner
Mace Reschenthaler
Malliotakis Rice (SC)
Upton b 1502
MEMBERS RECORDED PURSUANT TO HOUSE Valadao
Mann Rodgers (WA)
RESOLUTION 8, 117TH CONGRESS
Massie Rogers (AL) Van Drew Mr. TAKANO, Mses. PRESSLEY,
Allred (Stevens) Kirkpatrick Ruppersberger Mast Rogers (KY) Van Duyne SLOTKIN, CASTOR of Florida, Messrs.
Cárdenas (Stanton) (Raskin) McCarthy Rose Wagner NEAL, COOPER, RYAN, SUOZZI, Ms.
(Gallego) Lawson (FL) Rush McCaul Rosendale Walberg
Walorski SCHAKOWSKY, Messrs. CASTRO of
Correa (Vargas) (Evans) (Underwood) McClain Rouzer
Crenshaw Lofgren (Jeffries) Sewell (DelBene) McClintock Roy Waltz Texas and SEAN PATRICK MALONEY
(Pfluger) McEachin Strickland McHenry Rutherford Weber (TX) of New York changed their vote from
Eshoo (Wexton) (DelBene) McKinley Salazar Wenstrup ‘‘yea’’ to ‘‘nay.’’
(Thompson Meng (Clark Torres (CA) Meijer Scalise Westerman
(CA)) (MA)) (Barragán) Meuser Schweikert Williams (TX) Messrs. GROTHMAN, ARRINGTON,
Grijalva (Garcı́a Napolitano (Chu) Van Drew Miller (IL) Scott, Austin Wilson (SC) BARR, LOUDERMILK, and ROUZER
(IL)) Payne (Pallone) (Norman) Miller (WV) Sessions Wittman changed their vote from ‘‘nay’’ to
Johnson (TX) Porter (Wexton) Wilson (FL) Miller-Meeks Sherrill Womack ‘‘yea.’’
(Jeffries) Ruiz (Aguilar) (Hayes) Moolenaar Simpson Young
Mooney Smith (MO) Zeldin So the en bloc amendments were re-
AMENDMENTS EN BLOC NO. 2 OFFERED BY MS. jected.
WATERS OF CALIFORNIA NAYS—214 The result of the vote was announced
The SPEAKER pro tempore. Pursu- Adams Doyle, Michael Maloney, as above recorded.
ant to clause 8 of rule XX, the unfin- Aguilar F. Carolyn B. A motion to reconsider was laid on
ished business is the question on the Allred Escobar Maloney, Sean the table.
adoption of amendments en bloc No. 2, Auchincloss Eshoo Manning
Axne Espaillat Matsui MEMBERS RECORDED PURSUANT TO HOUSE
printed in part B of House Report 117– Barragán Evans McBath RESOLUTION 8, 117TH CONGRESS
29, on which further proceedings were Bass Fletcher McCollum Allred (Stevens) Kirkpatrick Porter (Wexton)
postponed and on which the yeas and Beatty Foster McEachin (Stanton) Ruiz (Aguilar)
Cárdenas
Bera Frankel, Lois McGovern
nays were ordered. Beyer Gallego McNerney
(Gallego) Lawson (FL) Ruppersberger
Correa (Vargas) (Evans) (Raskin)
The Clerk will redesignate the Biggs Garamendi Meeks Lieu (Beyer)
Crenshaw Rush
amendments en bloc. Bishop (GA) Garcı́a (IL) Meng
(Pfluger) Lofgren (Jeffries) (Underwood)
The Clerk redesignated the amend- Blumenauer Garcia (TX) Mfume Lowenthal Sewell (Del
Blunt Rochester Gomez Moore (WI) Eshoo
ments en bloc. (Thompson (Beyer) Bene)
Bonamici Gonzalez, Morelle McEachin Strickland
The SPEAKER pro tempore. The Bourdeaux Vicente Moulton (CA))
(Wexton) (DelBene)
question is on the amendments en bloc Bowman Green, Al (TX) Mrvan Grijalva (Garcı́a
Meng (Clark Torres (CA)
Boyle, Brendan Grijalva Nadler (IL))
offered by the gentlewoman from Cali- F. Harder (CA) Napolitano Johnson (TX)
(MA)) (Barragán)
Moore (WI) Van Drew
fornia (Ms. WATERS). Brown Hayes Neal (Jeffries) (Beyer) (Norman)
The vote was taken by electronic de- Brownley Higgins (NY) Neguse Jones (Jacobs Napolitano (Chu) Wilson (FL)
vice, and there were—yeas 208, nays Bush Himes Newman (CA)) Payne (Pallone) (Hayes)
Bustos Horsford Norcross
214, not voting 8, as follows: Butterfield Houlahan O’Halleran AMENDMENT NO. 9 OFFERED BY MRS. WAGNER
[Roll No. 139] Carbajal Hoyer Ocasio-Cortez
Cárdenas Huffman Omar
The SPEAKER pro tempore (Ms. JA-
YEAS—208 Carson Jackson Lee Pallone COBS of California). Pursuant to clause
Aderholt Clyde Good (VA) Carter (LA) Jacobs (CA) Panetta 8 of rule XX, the unfinished business is
Allen Cole Gooden (TX) Cartwright Jayapal Pappas the question on amendment No. 9,
Amodei Comer Gosar Case Jeffries Pascrell
Armstrong Crenshaw Gottheimer Casten Johnson (GA) Payne printed in part B of House Report 117–
Arrington Curtis Granger Castor (FL) Johnson (TX) Perlmutter 29, on which further proceedings were
Babin Davidson Graves (LA) Castro (TX) Jones Peters postponed and on which the yeas and
Bacon Davis, Rodney Graves (MO) Chu Kahele Phillips
Baird DesJarlais Green (TN) Cicilline Kaptur Pingree
nays were ordered.
Balderson Diaz-Balart Greene (GA) Clark (MA) Keating Pocan The Clerk will redesignate the
Banks Donalds Griffith Clarke (NY) Kelly (IL) Porter amendment.
Barr Duncan Grothman Cleaver Khanna Pressley The Clerk redesignated the amend-
Bentz Dunn Guest Clyburn Kildee Price (NC)
Bergman Emmer Guthrie Cohen Kilmer Quigley ment.
Bice (OK) Estes Hagedorn Connolly Kim (NJ) Raskin The SPEAKER pro tempore. The
Bilirakis Fallon Harris Cooper Kind Rice (NY) question is on the amendment offered
Bishop (NC) Feenstra Harshbarger Correa Kirkpatrick Ross
Boebert Ferguson Hartzler Costa Krishnamoorthi Roybal-Allard
by the gentlewoman from Missouri
Bost Fischbach Hern Courtney Kuster Ruiz (Mrs. WAGNER).
Brooks Fitzgerald Herrell Craig Lamb Ruppersberger The vote was taken by electronic de-
Buchanan Fitzpatrick Herrera Beutler Crist Langevin Rush vice, and there were—yeas 199, nays
Buck Fleischmann Hice (GA) Crow Larsen (WA) Ryan
Bucshon Fortenberry Higgins (LA) Cuellar Larson (CT) Sánchez 224, not voting 7, as follows:
Budd Foxx Hill Davids (KS) Lawrence Sarbanes [Roll No. 140]
Burchett Franklin, C. Hinson Davis, Danny K. Lawson (FL) Scanlon
Burgess Scott Hollingsworth Dean Lee (CA) Schakowsky
YEAS—199
Calvert Fulcher Hudson DeFazio Lee (NV) Schiff Aderholt Bentz Bucshon
Cammack Gaetz Huizenga DeGette Leger Fernandez Schneider Allen Bergman Budd
ctelli on DSK11ZRN23PROD with HOUSE
Carl Gallagher Issa DeLauro Levin (CA) Schrader Amodei Bice (OK) Burchett
Carter (GA) Garbarino Jackson DelBene Levin (MI) Schrier Arrington Bilirakis Burgess
Carter (TX) Garcia (CA) Johnson (LA) Delgado Lieu Scott (VA) Babin Bishop (NC) Calvert
Cawthorn Gibbs Johnson (OH) Demings Lofgren Scott, David Bacon Bost Cammack
Chabot Gimenez Johnson (SD) DeSaulnier Lowenthal Sewell Baird Brady Carl
Cheney Gohmert Jordan Deutch Luria Sherman Balderson Brooks Carter (GA)
Cline Gonzales, Tony Joyce (OH) Dingell Lynch Sires Banks Buchanan Carter (TX)
Cloud Gonzalez (OH) Joyce (PA) Doggett Malinowski Slotkin Barr Buck Case
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H2294 CONGRESSIONAL RECORD — HOUSE May 13, 2021
Cawthorn Hice (GA) Owens Levin (CA) Panetta Smith (WA) The SPEAKER pro tempore. Pursu-
Chabot Higgins (LA) Palazzo Levin (MI) Pappas Soto
Cheney Hill Palmer Lieu Pascrell Spanberger
ant to section 3(s) of House Resolution
Cline Hinson Pence Lofgren Payne Speier 8, the yeas and nays are ordered.
Cloud Hollingsworth Pfluger Lowenthal Perlmutter Stanton The vote was taken by electronic de-
Clyde Hudson Posey Luria Perry Stauber
Cole Huizenga Lynch Peters
vice, and there were—yeas 215, nays
Reed Stevens
Comer Issa Reschenthaler Malinowski Phillips Strickland
207, not voting 8, as follows:
Crawford Jackson Rice (SC) Maloney, Pingree [Roll No. 141]
Suozzi
Crenshaw Johnson (LA) Rodgers (WA) Carolyn B. Pocan
Swalwell
Curtis Johnson (OH) Rogers (KY) Maloney, Sean Porter YEAS—215
Manning Pressley Takano
Davidson Johnson (SD) Rose Adams Gomez Ocasio-Cortez
Davis, Rodney Jordan Massie Price (NC) Thompson (CA)
Rosendale Thompson (MS) Aguilar Gonzalez, Omar
DesJarlais Joyce (OH) Rouzer Matsui Quigley Allred Vicente
Titus Pallone
Diaz-Balart Joyce (PA) Rutherford McBath Raskin Auchincloss Gottheimer
Tlaib Panetta
Donalds Katko Salazar McClintock Rice (NY) Axne Green, Al (TX)
Tonko Pappas
Duncan Keller McCollum Ross Barragán Grijalva
Scalise Pascrell
Dunn Kelly (PA) McEachin Roy Torres (CA)
Schrader Bass Harder (CA) Payne
Emmer Kim (CA) McGovern Roybal-Allard Torres (NY)
Schweikert Beatty Hayes Perlmutter
Estes Kinzinger McNerney Ruiz Trahan Bera Higgins (NY)
Scott, Austin Peters
Fallon Kustoff Meeks Ruppersberger Trone Beyer Himes
Sessions Phillips
Feenstra LaHood Meng Rush Underwood Bishop (GA) Horsford
Simpson Pingree
Ferguson LaMalfa Mfume Ryan Vargas Blumenauer Houlahan
Smith (MO) Moore (WI) Sánchez Pocan
Fischbach Lamborn Veasey Blunt Rochester Hoyer
Smith (NE) Morelle Sarbanes Porter
Fitzgerald Latta Vela Bonamici Huffman
Smith (NJ) Moulton Scanlon Pressley
Fitzpatrick LaTurner Velázquez Bourdeaux Jackson Lee
Fleischmann Lesko Smucker Mrvan Schakowsky Price (NC)
Spartz Wasserman Bowman Jacobs (CA)
Fortenberry Letlow Nadler Schiff Quigley
Steel Schultz Boyle, Brendan Jayapal
Foxx Long Napolitano Schneider Raskin
Stefanik Waters F. Jeffries
Franklin, C. Loudermilk Neal Schrier Rice (NY)
Steil Watson Coleman Brown Johnson (GA)
Scott Lucas Neguse Scott (VA) Ross
Steube Welch Brownley Johnson (TX)
Fulcher Luetkemeyer Newman Scott, David Roybal-Allard
Stewart Wexton Bush Jones
Gaetz Mace Norcross Sewell Bustos Kahele Ruiz
Gallagher Malliotakis Stivers O’Halleran Sherman Wild Ruppersberger
Taylor Williams (GA) Butterfield Kaptur
Garbarino Mann Ocasio-Cortez Sherrill Carbajal Keating Rush
Garcia (CA) Mast Tenney Omar Sires Wilson (FL) Ryan
Thompson (PA) Cárdenas Kelly (IL)
Gibbs McCarthy Pallone Slotkin Yarmuth Sánchez
Tiffany Carson Khanna
Gimenez McCaul Carter (LA) Kildee Sarbanes
Gohmert McClain Timmons NOT VOTING—7 Scanlon
Turner Cartwright Kilmer
Gonzales, Tony McHenry Golden Kelly (MS) Webster (FL) Case Kim (NJ) Schakowsky
Gonzalez (OH) McKinley Upton Gosar Murphy (FL) Schiff
Valadao Casten Kind
Gooden (TX) Meijer Jacobs (NY) Rogers (AL) Castor (FL) Kirkpatrick Schneider
Granger Meuser Van Drew
Schrier
Graves (LA) Miller (IL) Van Duyne b 1535 Castro (TX)
Chu
Krishnamoorthi
Kuster Scott (VA)
Graves (MO) Miller (WV) Wagner
Mr. NORCROSS changed his vote Cicilline Lamb Scott, David
Green (TN) Miller-Meeks Walberg
Clark (MA) Langevin Sewell
Griffith Moolenaar Walorski from ‘‘yea’’ to ‘‘nay.’’ Sherman
Clarke (NY) Larsen (WA)
Grothman Mooney Waltz Messrs. GROTHMAN and TIMMONS Cleaver Larson (CT) Sherrill
Guest Moore (AL) Weber (TX)
Wenstrup
changed their vote from ‘‘nay’’ to Clyburn Lawrence Sires
Guthrie Moore (UT) Cohen Lawson (FL)
Hagedorn Mullin Westerman ‘‘yea.’’ Slotkin
Connolly Lee (CA) Smith (WA)
Harris Murphy (NC) Williams (TX) So the amendment was rejected. Cooper Lee (NV) Soto
Harshbarger Nehls Wilson (SC) The result of the vote was announced Correa Leger Fernandez Spanberger
Hartzler Newhouse Wittman
Womack
as above recorded. Costa Levin (CA) Speier
Hern Norman Courtney Levin (MI)
Herrell Nunes Young A motion to reconsider was laid on Stanton
Craig Lieu Stevens
Herrera Beutler Obernolte Zeldin the table. Crist Lofgren Strickland
Stated for: Crow Lowenthal Suozzi
NAYS—224 Mr. STAUBER. I was recorded as a ‘‘no’’ Cuellar Luria Swalwell
Adams Cohen Gottheimer roll-call 140 and intended as a ‘‘yes.’’ Davids (KS) Lynch Takano
Aguilar Connolly Green, Al (TX) Davis, Danny K. Malinowski Thompson (CA)
MEMBERS RECORDED PURSUANT TO HOUSE Dean Maloney,
Allred Cooper Greene (GA) Thompson (MS)
Armstrong Correa Grijalva RESOLUTION 8, 117TH CONGRESS DeFazio Carolyn B.
Titus
Auchincloss Costa Harder (CA) Allred (Stevens) Kirkpatrick Porter (Wexton) DeGette Maloney, Sean
Tlaib
Axne Courtney Hayes Cárdenas (Stanton) Ruiz (Aguilar) DeLauro Manning
Tonko
Barragán Craig Higgins (NY) Lawson (FL) DelBene Matsui
(Gallego) Ruppersberger Torres (CA)
Bass Crist Himes (Evans) Delgado McBath
Correa (Vargas) (Raskin) Torres (NY)
Beatty Crow Horsford Lieu (Beyer) Demings McCollum
Crenshaw Rush DeSaulnier McEachin Trahan
Bera Cuellar Houlahan (Pfluger) Lofgren (Jeffries) (Underwood) Trone
Beyer Davids (KS) Hoyer Lowenthal Deutch McGovern
Eshoo Sewell (DelBene) Dingell McNerney Underwood
Biggs Davis, Danny K. Huffman (Beyer) Vargas
(Thompson Strickland Doggett Meeks
Bishop (GA) Dean Jackson Lee McEachin Veasey
(CA)) (DelBene) Doyle, Michael Meng
Blumenauer DeFazio Jacobs (CA) (Wexton)
Grijalva (Garcı́a Torres (CA) F. Mfume Vela
Blunt Rochester DeGette Jayapal Meng (Clark
(IL)) (Barragán) Escobar Moore (WI) Velázquez
Boebert DeLauro Jeffries (MA))
Johnson (TX) Van Drew Eshoo Morelle Wasserman
Bonamici DelBene Johnson (GA) Moore (WI)
(Jeffries) (Norman) Espaillat Moulton Schultz
Bourdeaux Delgado Johnson (TX) (Beyer)
Jones (Jacobs Wilson (FL) Evans Mrvan Waters
Bowman Demings Jones Napolitano (Chu)
(CA)) (Hayes) Fletcher Nadler Watson Coleman
Boyle, Brendan DeSaulnier Kahele Payne (Pallone)
F. Deutch Kaptur Foster Napolitano Welch
Frankel, Lois Neal Wexton
Brown Dingell Keating The SPEAKER pro tempore. The pre- Wild
Brownley Doggett Kelly (IL) Gallego Neguse
vious question is ordered on the bill, as Garamendi Newman Williams (GA)
Bush Doyle, Michael Khanna
Bustos F. Kildee amended. Garcı́a (IL) Norcross Wilson (FL)
Butterfield Escobar Kilmer The question is on the engrossment Garcia (TX) O’Halleran Yarmuth
Carbajal Eshoo Kim (NJ) and third reading of the bill. NAYS—207
Cárdenas Espaillat Kind
Carson Evans Kirkpatrick
The bill was ordered to be engrossed Aderholt Bice (OK) Burchett
Carter (LA) Fletcher Krishnamoorthi and read a third time, and was read the Amodei Biggs Burgess
Cartwright Foster Kuster third time. Armstrong Bilirakis Calvert
Casten Frankel, Lois Lamb The SPEAKER pro tempore. The Arrington Bishop (NC) Cammack
ctelli on DSK11ZRN23PROD with HOUSE
Castor (FL) Gallego Langevin Babin Boebert Carl
Castro (TX) Garamendi Larsen (WA) question is on the passage of the bill. Bacon Bost Carter (GA)
Chu Garcı́a (IL) Larson (CT) The question was taken; and the Baird Brady Carter (TX)
Cicilline Garcia (TX) Lawrence Speaker pro tempore announced that Balderson Brooks Cawthorn
Clark (MA) Gomez Lawson (FL) Banks Buchanan Chabot
Clarke (NY) Gonzalez, Lee (CA)
the ayes appeared to have it. Barr Buck Cheney
Cleaver Vicente Lee (NV) Ms. WATERS. Madam Speaker, on Bentz Bucshon Cline
Clyburn Good (VA) Leger Fernandez that I demand the yeas and nays. Bergman Budd Cloud
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May 13, 2021 CONGRESSIONAL RECORD — HOUSE H2295
Clyde Hinson Pence Meng (Clark Ruppersberger Torres (CA) Katko Miller-Meeks Scott, David
Cole Hollingsworth Perry (MA)) (Raskin) (Barragán) Keating Moolenaar Sherman
Comer Hudson Pfluger Moore (WI) Rush Van Drew Keller Mooney Sherrill
Crawford Huizenga Posey (Beyer) (Underwood) (Norman) Kelly (PA) Moore (AL) Simpson
Crenshaw Issa Reed Napolitano (Chu) Sewell (DelBene) Wilson (FL) Khanna Moore (UT) Sires
Curtis Jackson Reschenthaler Payne (Pallone) Strickland (Hayes) Kildee Morelle Slotkin
Davidson Johnson (LA) Rice (SC) Porter (Wexton) (DelBene) Kilmer Moulton Smith (MO)
Davis, Rodney Johnson (OH) Rodgers (WA) Ruiz (Aguilar) Kim (CA) Mrvan Smith (NE)
DesJarlais Johnson (SD) Rogers (AL) Kim (NJ) Mullin Smith (NJ)
Diaz-Balart Jordan Rogers (KY) f Kind Murphy (NC) Smucker
Donalds Joyce (OH) Kinzinger Nadler
Rose Soto
Duncan Joyce (PA) Kirkpatrick Napolitano
Dunn Katko
Rosendale BEHAVIORAL INTERVENTION Krishnamoorthi Neal
Spanberger
Rouzer GUIDELINES ACT OF 2021 Spartz
Emmer Keller Kuster Neguse
Roy Stanton
Estes Kelly (PA) Kustoff Nehls
Fallon Kim (CA) Rutherford The SPEAKER pro tempore (Mr. LaHood Newhouse Stauber
Salazar Steel
Feenstra Kinzinger CUELLAR). Pursuant to clause 8 of rule LaMalfa Norcross
Ferguson Kustoff Scalise Lamb Nunes Stefanik
Schrader XX, the unfinished business is the vote Steil
Fischbach LaHood Lamborn Obernolte
Fitzgerald LaMalfa Schweikert on the motion to suspend the rules and Langevin Owens Steube
Fitzpatrick Latta Scott, Austin pass the bill (H.R. 2877) to amend the Larsen (WA) Palazzo Stevens
Fleischmann LaTurner Sessions Latta Pallone Stewart
Fortenberry Lesko Simpson
Public Health Service Act to direct the LaTurner Palmer Stivers
Foxx Letlow Smith (MO) Secretary of Health and Human Serv- Lee (NV) Panetta Suozzi
Franklin, C. Long Smith (NE) ices to develop best practices for the Leger Fernandez Pappas Swalwell
Scott Loudermilk Smith (NJ) Lesko Pascrell Takano
Fulcher Lucas
establishment and use of behavioral Letlow Pence
Smucker Taylor
Gaetz Luetkemeyer Spartz intervention teams at schools, and for Levin (CA) Perlmutter Tenney
Gallagher Mace Stauber other purposes, on which the yeas and Lieu Peters Thompson (CA)
Garbarino Malliotakis Steel Lofgren Pfluger Thompson (PA)
Garcia (CA) Mann
nays were ordered. Long Phillips
Stefanik Tiffany
Gibbs Massie Steil The Clerk read the title of the bill. Loudermilk Pingree Timmons
Gimenez Mast Steube The SPEAKER pro tempore. The Lowenthal Porter Tonko
Gohmert McCarthy Stewart Lucas Posey Torres (CA)
Gonzales, Tony McCaul question is on the motion offered by Luetkemeyer Price (NC)
Stivers Trahan
Gonzalez (OH) McClain Taylor the gentleman from New Jersey (Mr. Luria Reed Trone
Good (VA) McClintock PALLONE) that the House suspend the Lynch Reschenthaler Turner
Tenney
Gooden (TX) McHenry Mace Rice (NY)
Thompson (PA) rules and pass the bill. Underwood
Gosar McKinley Malinowski Rice (SC)
Tiffany Upton
Granger Meijer
Timmons
The vote was taken by electronic de- Malliotakis Rodgers (WA)
Valadao
Graves (LA) Meuser vice, and there were—yeas 323, nays 93, Maloney, Rogers (AL)
Turner Van Drew
Graves (MO) Miller (IL) Carolyn B. Rogers (KY)
Upton answered ‘‘present’’ 2, not voting 12, as Van Duyne
Green (TN) Miller (WV) Maloney, Sean Ross
Valadao Vargas
Greene (GA) Miller-Meeks
Van Drew
follows: Mann Rouzer
Veasey
Griffith Moolenaar Manning Roybal-Allard
Grothman Mooney Van Duyne [Roll No. 142] Mast Ruiz Wagner
Guest Moore (AL) Wagner Matsui Ruppersberger Walberg
YEAS—323 Walorski
Guthrie Moore (UT) Walberg McBath Rutherford
Hagedorn Mullin Walorski Adams Cohen Garbarino McCarthy Ryan Waltz
Harris Murphy (NC) Waltz Aderholt Cole Garcı́a (IL) McCaul Salazar Wasserman
Harshbarger Nehls Weber (TX) Aguilar Comer Gibbs McClain Sánchez Schultz
Hartzler Newhouse Wenstrup Allen Connolly Gimenez McCollum Sarbanes Welch
Hern Norman Westerman Allred Cooper Gohmert McHenry Scalise Wenstrup
Herrell Nunes Williams (TX) Amodei Correa Gomez McKinley Schakowsky Westerman
Herrera Beutler Obernolte Wittman Armstrong Costa Gonzales, Tony McNerney Schiff Williams (TX)
Hice (GA) Owens Womack Arrington Craig Gonzalez (OH) Meeks Schneider Wilson (SC)
Higgins (LA) Palazzo Young Auchincloss Crawford Gonzalez, Meijer Schrader Wittman
Hill Palmer Zeldin Axne Crenshaw Vicente Meng Schrier Womack
Babin Crist Gooden (TX) Meuser Schweikert Yarmuth
NOT VOTING—8 Bacon Crow Gottheimer Miller (WV) Scott, Austin Young
Baird Cuellar Granger
Allen Kelly (MS) Webster (FL) Balderson Curtis Graves (LA)
Golden Lamborn Wilson (SC)
NAYS—93
Barr Davids (KS) Graves (MO)
Jacobs (NY) Murphy (FL) Bentz Davis, Rodney Griffith Banks Evans Moore (WI)
Bera Dean Grijalva Barragán Foxx Newman
Bass Frankel, Lois
b 1607 Bergman DeFazio Guest
Beatty Gaetz
Norman
Bice (OK) DeGette Guthrie Ocasio-Cortez
Mr. SCHRADER changed his vote Bilirakis DelBene Hagedorn Beyer Gallego Omar
Bishop (GA) Delgado Harder (CA) Biggs Garcia (TX) Payne
from ‘‘yea’’ to ‘‘nay.’’ Bishop (NC) Good (VA)
Bost Demings Harshbarger Perry
Messrs. VEASEY, COSTA, and Bourdeaux DesJarlais Hartzler Blumenauer Gosar Pocan
Blunt Rochester Green (TN)
KEATING changed their vote from Brady Deutch Hern
Boebert Green, Al (TX)
Pressley
Brownley Diaz-Balart Herrell Raskin
‘‘nay’’ to ‘‘yea.’’ Buchanan Dingell Herrera Beutler Bonamici Greene (GA)
Rose
So the bill was passed. Bucshon Doggett Hice (GA) Bowman Grothman
Rosendale
Budd Donalds Higgins (LA) Boyle, Brendan Harris
The result of the vote was announced F. Hayes Roy
Burgess Doyle, Michael Higgins (NY)
as above recorded. Bustos F. Hill Brooks Horsford Rush
Brown Huffman Scanlon
A motion to reconsider was laid on Butterfield Duncan Himes
Scott (VA)
Calvert Dunn Hinson Buck Jackson Lee
the table. Burchett Jayapal Sessions
Cammack Emmer Hollingsworth
Stated against: Carbajal Eshoo Houlahan Bush Jones Sewell
Cárdenas Jordan Smith (WA)
Mr. ALLEN. Mr. Speaker, had I been Carl Estes Hoyer
Carter (LA) Kelly (IL)
Carson Fallon Hudson Strickland
present, I would have voted ‘‘nay’’ on rollcall Carter (GA) Feenstra Huizenga Chu Larson (CT) Thompson (MS)
No. 141. Carter (TX) Ferguson Issa Clarke (NY) Lawrence Titus
Cartwright Fischbach Jackson Cline Lawson (FL) Tlaib
MEMBERS RECORDED PURSUANT TO HOUSE Cloud Lee (CA)
Case Fitzgerald Jacobs (CA) Velázquez
RESOLUTION 8, 117TH CONGRESS Courtney Levin (MI)
Casten Fitzpatrick Jeffries Waters
Allred (Stevens) Grijalva (Garcı́ Lawson (FL) Castor (FL) Fleischmann Johnson (GA) Davidson Massie Watson Coleman
Cárdenas (IL)) (Evans) Cawthorn Fletcher Johnson (LA) Davis, Danny K. McClintock
Wexton
(Gallego) Johnson (TX) Lieu (Beyer) Chabot Fortenberry Johnson (OH) DeLauro McEachin
Wild
DeSaulnier McGovern
ctelli on DSK11ZRN23PROD with HOUSE
Correa (Vargas) (Jeffries) Lofgren (Jeffries) Cheney Foster Johnson (SD) Williams (GA)
Crenshaw Cicilline Franklin, C. Johnson (TX) Escobar Mfume
Jones (Jacobs Lowenthal Wilson (FL)
(Pfluger) Clark (MA) Scott Joyce (OH) Espaillat Miller (IL)
(CA)) (Beyer)
Eshoo Kirkpatrick McEachin Cleaver Fulcher Joyce (PA)
(Thompson Clyburn Gallagher Kahele
ANSWERED ‘‘PRESENT’’—2
(Stanton) (Wexton)
(CA)) Clyde Garamendi Kaptur Castro (TX) Torres (NY) –
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