[Congressional Record Volume 164, Number 94 (Thursday, June 7, 2018)]
[Senate]
[Pages S3323-S3324]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2410. Mr. NELSON submitted an amendment intended to be proposed to
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain)
and intended to be proposed to the bill H.R. 5515, to authorize
appropriations for fiscal year 2019 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of title VI, add the following:
Subtitle E--Military Lending Act and Related Matters
SEC. 641. SHORT TITLE.
This subtitle may be cited as the ``Military Lending
Improvement Act of 2018''.
[[Page S3324]]
SEC. 642. EXPANSION AND IMPROVEMENT OF CONSUMER CREDIT
PROTECTIONS FOR MEMBERS OF THE ARMED FORCES.
(a) Extension of Applicability to Individuals Recently
Discharged or Released From the Armed Forces.--Paragraph (1)
of subsection (i) of section 987 of title 10, United States
Code, is amended to read as follows:
``(1) Covered member.--The term `covered member' means the
following:
``(A) A member of the armed forces who is--
``(i) on active duty under a call or order that does not
specify a period of 30 days or less; or
``(ii) on active Guard and Reserve duty.
``(B) An individual who was separated, discharged, or
released from duty described in subparagraph (A), but only
during the 365-day period beginning on the date of
separation, discharge, or release.''.
(b) Decease in Maximum Authorized Annual Percentage Rate on
Credit.--
(1) Decrease in rate.--Subsection (b) of such section is
amended by striking ``36 percent'' and inserting ``24
percent''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on the date that is 180 days after the date
of the enactment of this Act, and shall apply with respect to
consumer credit extended on or after such effective date.
(c) Prohibition on Creditor Use of Auto Tracking or Kill
Switches.--Subsection (e) of such section is amended--
(1) in paragraph (6), by striking ``or'' at the end;
(2) in paragraph (7), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following new paragraph:
``(8) the creditor demands, as a condition for the credit,
the application of--
``(A) a device that can locate or adjust the operations of
the borrower's motor vehicle by a third party; or
``(B) any other device or instrument that may pose a safety
hazard or compromise the borrower's privacy, as determined by
the Secretary of Defense, in consultation with the Federal
Trade Commission.''.
(d) Extension of Coverage to Credit for Cars and Other
Personal Property.--
(1) Coverage.--Subsection (i)(6) of such section is amended
by striking ``(A) a residential mortgage'' and all that
follows and inserting ``a residential mortgage.''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on the date that is 180 days after the date
of the enactment of this Act, and shall apply with respect to
consumer credit extended on or after such effective date.
(e) Regulations.--The Secretary of Defense shall modify the
regulations prescribed to carry out section 987 of title 10,
United States Code, to take into account the amendments made
by subsections (a) through (d) by not later than 180 days
after the date of the enactment of this Act.
SEC. 643. ENHANCED PROTECTION AGAINST DEBT COLLECTOR
HARASSMENT OF MEMBERS OF THE ARMED FORCES.
(a) Communication in Connection With Debt Collection.--
Section 805 of the Fair Debt Collection Practices Act (15
U.S.C. 1692c) is amended by adding at the end the following:
``(e) Communications Concerning Servicemember Debts.--
``(1) Definition.--In this subsection, the term `covered
member' has the meaning given the term in section 987(i) of
title 10, United States Code.
``(2) Prohibition.--A debt collector may not communicate,
in connection with the collection of any debt, with the
commanding officer or officer in charge of any covered
member, including for the purpose of acquiring location
information about the covered member.''.
(b) False or Misleading Representations.--Section 807 of
the Fair Debt Collection Practices Act (15 U.S.C. 1692e) is
amended by adding at the end the following:
``(17) The false representation to any covered member, as
defined in section 987(i) of title 10, United States Code,
that failure to cooperate with a debt collection will result
in prosecution under chapter 47 of title 10, United States
Code (the Uniform Code of Military Justice).''.
SEC. 644. DATA PROTECTION STANDARDS FOR CREDIT REPORTING
AGENCIES THAT USE DEPARTMENT OF DEFENSE
PERSONNEL DATA.
(a) Determination on Adequacy of Data Protection
Standards.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall, in
consultation with the Federal Trade Commission, determine
whether or not each entity that downloads Military Lender Act
bulk data from the Defense Manpower Data Center uses adequate
safeguards to protect the downloaded data against breach or
other potential misuse. The Secretary shall make the
determination using a study of the practices of such entities
conducted by the Secretary for purposes of this subsection.
(b) Termination of Access to Bulk Data.--If pursuant to
subsection (a), the Secretary determines that the safeguards
of an entity described in that subsection are not adequate as
described in that subsection, the Secretary shall terminate
the access of the entity to bulk data described in that
subsection by not later than 30 days after the date of the
determination.
(c) Restoration of Access to Bulk Data.--If access of an
entity to bulk data is terminated pursuant to subsection (b),
the Secretary may subsequently restore access of the entity
to bulk data if the Secretary determines that the entity has
taken remedial measures to ensure that any data downloaded
from such bulk data is adequately protected against breach or
other potential misuse.
______