CURB Debt Collectors Act

II 117TH CONGRESS 1ST SESSION S. 1430 To amend the Small Business Act to prevent predatory debt collectors from receiving paycheck protection program loans, and for other purposes. IN THE SENATE OF THE UNITED STATES APRIL 28, 2021 Mr. HEINRICH (for himself, Mr. WYDEN, and Mr. LUJA´N) introduced the fol- lowing bill; which was read twice and referred to the Committee on Small Business and Entrepreneurship 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 03:24 May 22, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1430.IS S1430 kjohnson on DSK79L0C42PROD with BILLS 2 •S 1430 IS 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)) is amended— 4 (1) in paragraph (36), by adding at the end the 5 following: 6 ‘‘(W) DEBT COLLECTORS INELIGIBLE.— 7 An individual or entity shall be ineligible to re- 8 ceive a covered loan if— 9 ‘‘(i) the individual or entity is a debt 10 collector, as defined in section 803 of the 11 Fair Debt Collection Practices Act (15 12 U.S.C. 1692a); 13 ‘‘(ii) the individual or entity has been 14 found to have violated of any provision of 15 the Fair Debt Collection Practices Act (15 16 U.S.C. 1692 et seq.) pursuant to— 17 ‘‘(I) an adjudication by a Federal 18 agency or an action brought in a 19 court of competent jurisdiction if the 20 adjudication or action constitutes an 21 exercise of enforcement authority 22 under section 814 of such Act (15 23 U.S.C. 1692l); or 24 ‘‘(II) any other action brought in 25 a court of competent jurisdiction; 26 VerDate Sep 11 2014 03:24 May 22, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1430.IS S1430 kjohnson on DSK79L0C42PROD with BILLS 3 •S 1430 IS ‘‘(iii) the adjudication or action de- 1 scribed in clause (ii) was not resolved by a 2 settlement agreement or consent decree 3 that remains in effect as of the date on 4 which the individual or entity applies for 5 the covered loan if the adjudication or ac- 6 tion was brought by a Federal agency; and 7 ‘‘(iv) a final order or final judgment 8 against the individual or entity pursuant to 9 an adjudication or action described in 10 clause (ii), as appropriate— 11 ‘‘(I) is issued or entered, as ap- 12 propriate, during the 10-year period 13 ending on the date on which the indi- 14 vidual or entity applies for the covered 15 loan; 16 ‘‘(II) has not been overturned; 17 and 18 ‘‘(III) is no longer subject to ap- 19 peal.’’; and 20 (2) in paragraph (37)(A)(iv)(III)— 21 (A) in item (dd), by striking ‘‘or’’ at the 22 end; 23 (B) in item (ee), by striking ‘‘; and’’ and 24 inserting ‘‘; or’’ ; and 25 VerDate Sep 11 2014 03:24 May 22, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1430.IS S1430 kjohnson on DSK79L0C42PROD with BILLS 4 •S 1430 IS (C) by adding at the end the following: 1 ‘‘(ff) an individual or entity 2 that, under subparagraph (W) of 3 paragraph (36), is ineligible for a 4 covered loan under such para- 5 graph; and’’. 6 (b) APPLICABILITY.—The amendments made by sub- 7 section (a) shall not apply with respect to any loan made 8 prior to date of enactment of this Act. 9 Æ VerDate Sep 11 2014 03:24 May 22, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\S1430.IS S1430 kjohnson on DSK79L0C42PROD with BILLS