[Congressional Record Volume 164, Number 96 (Monday, June 11, 2018)]
[Senate]
[Pages S3692-S3693]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2694. Mr. NELSON submitted an amendment intended to be proposed to 
amendment SA 2282 submitted by Mr. Inhofe (for himself and Mr. McCain) 
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''.

     SEC. 642. 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

[[Page S3693]]

     in prosecution under chapter 47 of title 10, United States 
     Code (the Uniform Code of Military Justice).''.

     SEC. 643. 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.
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