,i #aafth ,,congress #b;d ,session ,h4 ,r4 #fcfa ,,in ,,the ,,house ,,of ,,representatives ,march #bc1 #bjbj ,mr4 ,perlmutter introduced the following bill2 which was referred to the ,committee on ,financial ,services ,a ,,bill ,to provide loan and obligation payment relief for small businesses and nonprofits affected by the ,,covid-#ai emergency1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,relief for ,small ,businesses and ,nonprofits ,act4 #b4 ,loan and obligation payment relief for affected small businesses and nonprofits 7a7 ,in general 7#a7 ,in general ,during the ,,covid-#ai emergency1 a debt collector may not1 with respect to a debt of a small business or nonprofit 7other than debt related to a federally related mortgage loan7-- 7,a7 capitalize unpaid interest2 7,b7 apply a higher interest rate triggered by the nonpayment of a debt to the debt balance2 7,c7 charge a fee triggered by the nonpayment of a debt2 7,d7 sue or threaten to sue for nonpayment of a debt2 7,e7 continue litigation to collect a debt that was initiated before the date of enactment of this section2 7,f7 submit or cause to be submitted a confession of judgment to any court2 7,g7 enforce a security interest through repossession1 limitation of use1 or foreclosure2 7,h7 take or threaten to take any action to enforce collection1 or any adverse action for nonpayment of a debt1 or for nonappearance at any hearing relating to a debt2 7,i7 commence or continue any action to cause or to seek to cause the collection of a debt1 including pursuant to a court order issued before the end of the #abj-;day period following the end of the ,,covid-#ai emergency1 from wages1 ,federal benefits1 or other amounts due to a small business or nonprofit by way of garnishment1 deduction1 offset1 or other seizure2 7,j7 cause or seek to cause the collection of a debt1 including pursuant to a court order issued before the end of the #abj-;day period following the end of the ,,covid-#ai emergency1 by levying on funds from a bank account or seizing any other assets of a small business or nonprofit2 7,k7 commence or continue an action to evict a small business or nonprofit from real or personal property2 or 7,l7 disconnect or terminate service from utility service1 including electricity1 natural gas1 telecommunications or broadband1 water1 or sewer4 7#b7 ,rule of construction ,nothing in this subsection may be construed to prohibit a small business or nonprofit from voluntarily paying1 in whole or in part1 a debt4 7#c7 ,repayment period ,after the expiration of the ,,covid-#ai emergency1 with respect to a debt described under paragraph 7#a71 a debt collector-- 7,a7 may not add to the debt balance any interest or fee prohibited by paragraph 7#a72 7,b7 shall1 for credit with a defined term or payment period1 extend the time period to repay the debt balance by #a payment period for each payment that a small business or nonprofit missed during the ,,covid-#ai emergency1 with the payments due in the same amounts and at the same intervals as the pre-existing payment schedule2 7,c7 shall1 for an open end credit plan 7as defined under section #ajc of the ,truth in ,lending ,act7 or other credit without a defined term1 allow the small business or nonprofit to repay the debt balance in a manner that does not exceed the amounts permitted by formulas under section #agj7;c7 of the ,truth in ,lending ,act and regulations promulgated thereunder2 and 7,d7 shall1 when the small business or nonprofit notifies the debt collector1 offer reasonable and affordable repayment plans1 loan modifications1 refinancing1 options with a reasonable time in which to repay the debt4 7#d7 ,communications in connection with the collection of a debt 7,a7 ,in general ,during the ,,covid-#ai emergency1 without prior consent of a small business or nonprofit given directly to a debt collector during the ,,covid-#ai emergency1 or the express permission of a court of competent jurisdiction1 a debt collector may only communicate in writing in connection with the collection of any debt 7other than debt related to a federally related mortgage loan74 7,b7 ,required disclosures 7i7 ,in general ,all written communications described under subparagraph 7,a7 shall inform the small business or nonprofit that the communication is for informational purposes and is not an attempt to collect a debt4 7ii7 ,requirements ,the disclosure required under clause 7i7 shall be made-- 7,i7 in type or lettering not smaller than #ad-point bold type2 7,,ii7 separate from any other disclosure2 7,,iii7 in a manner designed to ensure that the recipient sees the disclosure clearly2 7,,iv7 in ,english and ,spanish and in any additional languages in which the debt collector communicates1 including the language in which the loan was negotiated1 to the extent known by the debt collector2 and 7,v7 may be provided by first-class mail or electronically1 if the borrower has otherwise consented to electronic communication with the debt collector and has not revoked such consent4 7iii7 ,oral notification ,any oral notification shall be provided in the language the debt collector otherwise uses to communicate with the borrower4 7iv7 ,written translations ,in providing written notifications in languages other than ,english in this section1 a debt collector may rely on written translations developed by the ,bureau of ,consumer ,financial ,protection4 7#e7 ,violations 7,a7 ,in general ,any person who violates this section shall be subject to civil liability in accordance with section #hac of the ,fair ,debt ,collection ,practices ,act1 as if the person is a debt collector for purposes of that section4 7,b7 ,predispute arbitration agreements ,notwithstanding any other provision of law1 no predispute arbitration agreement or predispute joint-action waiver shall be valid or enforceable with respect to a dispute brought under this section1 including a dispute as to the applicability of this section1 which shall be determined under ,federal law4 7#f7 ,tolling ,except as provided in paragraph 7#g77;,d71 any applicable time limitations1 including statutes of limitations1 related to a debt under ,federal or ,state law shall be tolled during the ,,covid-#ai emergency4 7#g7 ,claims of affected creditors and debt collectors 7,a7 ,valuation of property ,with respect to any action asserting a taking under the ,fifth ,amendment of the ,constitution of the ,united ,states as a result of this section or seeking a declaratory judgment regarding the constitutionality of this section1 the value of the property alleged to have been taken without just compensation shall be evaluated-- 7i7 with consideration of the likelihood of full and timely payment of the obligation without the actions taken pursuant to this section2 and 7ii7 without consideration of any assistance provided directly or indirectly to the small business or nonprofit from other ,federal1 ,state1 and local government programs instituted or legislation enacted in response to the ,,covid-#ai emergency4 7,b7 ,scope of just compensation ,in an action described in subparagraph 7,a71 any assistance or benefit provided directly or indirectly to the person from other ,federal1 ,state1 and local government programs instituted in or legislation enacted response to the ,,covid-#ai emergency1 shall be deemed to be compensation for the property taken1 even if such assistance or benefit is not specifically provided as compensation for property taken by this section4 7,c7 ,appeals ,any appeal from an action under this section shall be treated under section #aeh of title #bh1 ,united ,states ,code1 as if it were an appeal in a case under title #aa1 ,united ,states ,code4 7,d7 ,repose ,any action asserting a taking under the ,fifth ,amendment to the ,constitution of the ,united ,states as a result of this section shall be brought within not later than #ahj days after the end of the ,,covid-#ai emergency4 7#h7 ,definitions ,in this section3 7,a7 ,,covid-#ai emergency ,the term ,,covid-#ai emergency means the period that begins upon the date of the enactment of this ,act and ends on the date of the termination by the ,federal ,emergency ,management ,agency of the emergency declared on ,march #ac1 #bjbj1 by the ,president under the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #daba et seq47 relating to the ,coronavirus ,disease #bjai 7,,covid-#ai7 pandemic4 7,b7 ,creditor ,the term creditor means-- 7i7 any person who offers or extends credit creating a debt or to whom a debt is owed or other obligation for payment2 7ii7 any lessor of real or personal property2 or 7iii7 any provider of utility services4 7,c7 ,debt ,the term debt-- 7i7 means any obligation or alleged obligation-- 7,i7 for which the original agreement1 or if there is no agreement1 the original obligation to pay was created before or during the ,,covid-#ai emergency1 whether or not such obligation has been reduced to judgment2 and 7,,ii7 that arises out of a transaction with a small business or nonprofit2 and 7ii7 does not include a federally related mortgage loan4 7,d7 ,debt collector ,the term debt collector means a creditor1 and any person or entity that engages in the collection of debt1 including the ,federal ,government and a ,state government1 irrespective of whether the debt is allegedly owed to or assigned to that person or to the entity4 7,e7 ,federally related mortgage loan ,the term federally related mortgage loan has the meaning given that term under section #c of the ,real ,estate ,settlement ,procedures ,act of #aigd 7#ab ,u4,s4,c4 #bfjb74 7,f7 ,nonprofit ,the term nonprofit means an organization described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf and exempt from taxation under section #eja7;a7 of such ,code4 7,g7 ,small business ,the term small business has the meaning given the term small business concern under section #c of the ,small ,business ,act4 7b7 ,credit facility for other purposes ,the ,board of ,governors of the ,federal ,reserve ,system shall establish a facility that the ,board of ,governors shall use to make payments to holders of loans or obligations to compensate such holders for documented financial losses-- 7#a7 with respect to a loan or obligation made to an individual1 small business1 or nonprofit2 and 7#b7 where such losses were caused by a suspension of payments required under ,federal law in connection with the ,,covid-#ai emergency4