CURB Debt Collectors Act

I 117TH CONGRESS 1ST SESSION H. R. 2296 To amend the Small Business Act to prevent predatory debt collectors from receiving paycheck protection program loans, and for other purposes. IN THE HOUSE OF REPRESENTATIVES APRIL 1, 2021 Ms. BONAMICI (for herself, Ms. NEWMAN, Mr. COHEN, Mr. NADLER, Mr. TAKANO, Mr. BLUMENAUER, Ms. WILLIAMS of Georgia, Mr. GARCI´A of Illinois, Mr. COOPER, and Mrs. HAYES) introduced the following bill; which was referred to the Committee on Small Business A BILL To amend the Small Business Act to prevent predatory debt collectors from receiving paycheck protection program loans, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Ceasing Undeserved 4 Relief Benefits for Debt Collectors Act for 2021’’ or the 5 ‘‘CURB Debt Collectors Act’’. 6 VerDate Sep 11 2014 03:02 Jun 02, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2296.IH H2296 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 2296 IH SEC. 2. DEBT COLLECTORS INELIGIBLE FOR PAYCHECK 1 PROTECTION PROGRAM LOANS. 2 (a) IN GENERAL.—Section 7(a) of the Small Busi- 3 ness Act (15 U.S.C. 636(a)), as amended by the Economic 4 Aid to Hard-Hit Small Businesses, Nonprofits, and 5 Venues Act (Public Law 116–260), is amended— 6 (1) in paragraph (36), by adding at the end the 7 following new subparagraph: 8 ‘‘(W) DEBT COLLECTORS INELIGIBLE.— 9 An individual or entity shall be ineligible to re- 10 ceive a covered loan if— 11 ‘‘(i) such individual or entity is a debt 12 collector (as defined in section 803 of the 13 Fair Debt Collection Practices Act (15 14 U.S.C. 1692a)); 15 ‘‘(ii) such individual or entity has 16 been found to have violated of any provi- 17 sion of the Fair Debt Collection Practices 18 Act (15 U.S.C. 1692 et seq.) pursuant 19 to— 20 ‘‘(I) an adjudication by a Federal 21 agency or an action brought in a 22 court of competent jurisdiction if such 23 adjudication or action constitutes an 24 exercise of enforcement authority 25 VerDate Sep 11 2014 03:02 Jun 02, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2296.IH H2296 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 2296 IH under section 814 of such Act (15 1 U.S.C. 1692l); or 2 ‘‘(II) any other action brought in 3 a court of competent jurisdiction; 4 ‘‘(iii) the adjudication or action de- 5 scribed in clause (ii) was not resolved by a 6 settlement agreement or consent decree 7 that remains in effect as of the date on 8 which such individual or entity applies for 9 the covered loan if the adjudication or ac- 10 tion was brought by a Federal agency; and 11 ‘‘(iv) a final order or final judgment 12 against such individual or entity pursuant 13 to an adjudication or action described in 14 clause (ii), as appropriate— 15 ‘‘(I) is issued or entered, as ap- 16 propriate, during the 10-year period 17 ending on the date on which such in- 18 dividual or entity applies for the cov- 19 ered loan; 20 ‘‘(II) has not been overturned; 21 and 22 ‘‘(III) is no longer subject to ap- 23 peal.’’; and 24 (2) in paragraph (37)(A)(iv)(III)— 25 VerDate Sep 11 2014 03:02 Jun 02, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2296.IH H2296 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 2296 IH (A) in item (dd), by striking ‘‘or’’ at the 1 end; 2 (B) in item (ee), by striking ‘‘; and’’ and 3 inserting ‘‘; or’’ ; and 4 (C) by adding at the end the following new 5 item: 6 ‘‘(ff) an individual or entity 7 that, under subparagraph (W) of 8 paragraph (36), is ineligible for a 9 covered loan under such para- 10 graph; and’’. 11 (b) APPLICABILITY.—The amendments made by sub- 12 section (a) shall not apply with respect to any loan made 13 prior to date of the enactment of this Act. 14 Æ VerDate Sep 11 2014 03:02 Jun 02, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H2296.IH H2296 pbinns on DSKJLVW7X2PROD with BILLS