[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1430 Introduced in Senate (IS)]

<DOC>






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. Lujan) introduced the 
 following 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Ceasing Undeserved Relief Benefits 
for Debt Collectors Act for 2021'' or the ``CURB Debt Collectors Act''.

SEC. 2. DEBT COLLECTORS INELIGIBLE FOR PAYCHECK PROTECTION PROGRAM 
              LOANS.

    (a) In General.--Section 7(a) of the Small Business Act (15 U.S.C. 
636(a)) is amended--
            (1) in paragraph (36), by adding at the end the following:
                    ``(W) Debt collectors ineligible.--An individual or 
                entity shall be ineligible to receive a covered loan 
                if--
                            ``(i) the individual or entity is a debt 
                        collector, as defined in section 803 of the 
                        Fair Debt Collection Practices Act (15 U.S.C. 
                        1692a);
                            ``(ii) the individual or entity has been 
                        found to have violated of any provision of the 
                        Fair Debt Collection Practices Act (15 U.S.C. 
                        1692 et seq.) pursuant to--
                                    ``(I) an adjudication by a Federal 
                                agency or an action brought in a court 
                                of competent jurisdiction if the 
                                adjudication or action constitutes an 
                                exercise of enforcement authority under 
                                section 814 of such Act (15 U.S.C. 
                                1692l); or
                                    ``(II) any other action brought in 
                                a court of competent jurisdiction;
                            ``(iii) the adjudication or action 
                        described in clause (ii) was not resolved by a 
                        settlement agreement or consent decree that 
                        remains in effect as of the date on which the 
                        individual or entity applies for the covered 
                        loan if the adjudication or action was brought 
                        by a Federal agency; and
                            ``(iv) a final order or final judgment 
                        against the individual or entity pursuant to an 
                        adjudication or action described in clause 
                        (ii), as appropriate--
                                    ``(I) is issued or entered, as 
                                appropriate, during the 10-year period 
                                ending on the date on which the 
                                individual or entity applies for the 
                                covered loan;
                                    ``(II) has not been overturned; and
                                    ``(III) is no longer subject to 
                                appeal.''; and
            (2) in paragraph (37)(A)(iv)(III)--
                    (A) in item (dd), by striking ``or'' at the end;
                    (B) in item (ee), by striking ``; and'' and 
                inserting ``; or'' ; and
                    (C) by adding at the end the following:
                                            ``(ff) an individual or 
                                        entity that, under subparagraph 
                                        (W) of paragraph (36), is 
                                        ineligible for a covered loan 
                                        under such paragraph; and''.
    (b) Applicability.--The amendments made by subsection (a) shall not 
apply with respect to any loan made prior to date of enactment of this 
Act.
                                 <all>