Limitations on Terms of Consumer Credit Extended to Service Members and Dependents-Military Lending Act Database; Notice of Database Update, 73263 [2021-28034]

Download as PDF Federal Register / Vol. 86, No. 245 / Monday, December 27, 2021 / Notices Dated: December 21, 2021. Tracey L. Thompson, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2021–28014 Filed 12–23–21; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF DEFENSE Office of the Secretary Limitations on Terms of Consumer Credit Extended to Service Members and Dependents—Military Lending Act Database; Notice of Database Update The Office of the Under Secretary of Defense for Personnel and Readiness, Department of Defense (DoD). ACTION: Notice of database update. AGENCY: The Department of Defense (the Department) is providing notice to the public of a scheduled change to the Military Lending Act (MLA) Database. This update adds cadets and midshipmen attending Military Service Academies of the Armed Forces, who are covered borrowers under the MLA, to the population of covered borrowers identified in the MLA database, thereby correcting an error in the database’s original development. The MLA applies to consumer credit extended to members of the Armed Forces and their dependents, as enacted by Congress in the National Defense Authorization Act for Fiscal Year 2013. The MLA statute requires the Secretary of Defense to prescribe regulations to carry out the MLA, and such regulations were published on July 22, 2015. This change to the MLA database is administrative in nature and does not change the current MLA regulation nor does it change the status of the cadets and midshipmen attending the Military Service Academies of the Armed Forces. Therefore, this announcement is not subject to notice and comment rulemaking under the Administrative Procedures Act (APA). DATES: This change to the database will be effective February 1, 2022. FOR FURTHER INFORMATION CONTACT: Andrew Cohen, (703) 692–5286. SUPPLEMENTARY INFORMATION: The MLA statute and regulation applies to consumer credit extended to members of the armed forces and their dependents, otherwise known as a ‘‘covered borrower’’ as enacted by Congress in the National Defense Authorization Act for Fiscal Year 2013. The MLA statute requires the Secretary of Defense to prescribe regulations to carry out 10 U.S.C. 987. The Secretary khammond on DSKJM1Z7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 19:11 Dec 23, 2021 Jkt 256001 of Defense prescribed required regulations published in 32 CFR part 232 on July 22, 2015. In prescribing regulations to implement the statute, the Department provided creditors an optional safe harbor provision if they conclusively determined whether credit is offered or extended to a ‘‘covered borrower’’, and thus may be subject to 10 U.S.C. 987 and the requirements of this part, by assessing the status of a consumer in accordance with the regulation. See 32 CFR 232.5. A ‘‘covered borrower’’ is a consumer who, at the time the consumer becomes obligated on a consumer credit transaction or establishes an account for consumer credit, is a ‘‘covered member’’ or a dependent of a covered member. See 32 CFR 323.3. The regulation provides a creditor two methods to conclusively determine whether credit being offered or extended to an individual is a covered borrower for the purpose of the MLA. These methods are: A. The use of the Department’s MLA database. ‘‘[A] creditor may verify the status of a consumer by using information relating to that consumer, if any, obtained directly or indirectly from the database maintained by the Department, available at https:// www.dmdc.osd.mil/mla/welcome.xhtml. A search of the Department’s database requires the entry of the consumer’s last name, date of birth, and Social Security number.’’ See 32 CFR 232.5(b)(2)(i)(A). Or, B. The use of a consumer report from a nationwide consumer reporting agency. ‘‘To determine whether a consumer is a covered borrower, a creditor may verify the status of a consumer by using a statement, code, or similar indicator describing that status, if any, contained in a consumer report obtained from a consumer reporting agency that compiles and maintains files on consumers on a nationwide basis, or a reseller of such a consumer report (as each of those terms is defined in the Fair Credit Reporting Act (15 U.S.C. 1681a) and any implementing regulation (12 CFR part 1022)).’’ See 32 CFR 232.5(b)(2)(ii). While the cadets and midshipmen of the military academies of the armed forces meet the requirement of being a ‘‘member of the armed forces who is serving on—‘‘(i) Active duty pursuant to title 10, title 14, or title 32, United States Code, under a call or order that does not specify a period of 30 days or fewer’’, they are currently not included in the population of the MLA database as they should be. This change remediates that condition. PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 73263 Dated: December 20, 2021. Aaron T. Siegel, Alternate OSD Federal Register, Liaison Officer, Department of Defense. [FR Doc. 2021–28034 Filed 12–23–21; 8:45 am] BILLING CODE 5001–06–P DEPARTMENT OF EDUCATION [Docket No.: ED–2021–SCC–0143] Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; International Resource Information System (IRIS) Office of Postsecondary Education (OPE), Department of Education (ED). ACTION: Notice. AGENCY: In accordance with the Paperwork Reduction Act of 1995, ED is proposing an extension without change of a currently approved collection. DATES: Interested persons are invited to submit comments on or before January 26, 2022. ADDRESSES: Written comments and recommendations for proposed information collection requests should be sent within 30 days of publication of this notice to www.reginfo.gov/public/ do/PRAMain. Find this information collection request by selecting ‘‘Department of Education’’ under ‘‘Currently Under Review,’’ then check ‘‘Only Show ICR for Public Comment’’ checkbox. Comments may also be sent to ICDocketmgr@ed.gov. FOR FURTHER INFORMATION CONTACT: For specific questions related to collection activities, please contact Sara Starke, (202) 453–7681. SUPPLEMENTARY INFORMATION: The Department of Education (ED), in accordance with the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3506(c)(2)(A)), provides the general public and Federal agencies with an opportunity to comment on proposed, revised, and continuing collections of information. This helps the Department assess the impact of its information collection requirements and minimize the public’s reporting burden. It also helps the public understand the Department’s information collection requirements and provide the requested data in the desired format. ED is soliciting comments on the proposed information collection request (ICR) that is described below. The Department of Education is especially interested in public comment addressing the following issues: (1) Is this collection SUMMARY: E:\FR\FM\27DEN1.SGM 27DEN1

Agencies

[Federal Register Volume 86, Number 245 (Monday, December 27, 2021)]
[Notices]
[Page 73263]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-28034]


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DEPARTMENT OF DEFENSE

Office of the Secretary


Limitations on Terms of Consumer Credit Extended to Service 
Members and Dependents--Military Lending Act Database; Notice of 
Database Update

AGENCY: The Office of the Under Secretary of Defense for Personnel and 
Readiness, Department of Defense (DoD).

ACTION: Notice of database update.

-----------------------------------------------------------------------

SUMMARY: The Department of Defense (the Department) is providing notice 
to the public of a scheduled change to the Military Lending Act (MLA) 
Database. This update adds cadets and midshipmen attending Military 
Service Academies of the Armed Forces, who are covered borrowers under 
the MLA, to the population of covered borrowers identified in the MLA 
database, thereby correcting an error in the database's original 
development. The MLA applies to consumer credit extended to members of 
the Armed Forces and their dependents, as enacted by Congress in the 
National Defense Authorization Act for Fiscal Year 2013. The MLA 
statute requires the Secretary of Defense to prescribe regulations to 
carry out the MLA, and such regulations were published on July 22, 
2015. This change to the MLA database is administrative in nature and 
does not change the current MLA regulation nor does it change the 
status of the cadets and midshipmen attending the Military Service 
Academies of the Armed Forces. Therefore, this announcement is not 
subject to notice and comment rulemaking under the Administrative 
Procedures Act (APA).

DATES: This change to the database will be effective February 1, 2022.

FOR FURTHER INFORMATION CONTACT: Andrew Cohen, (703) 692-5286.

SUPPLEMENTARY INFORMATION: The MLA statute and regulation applies to 
consumer credit extended to members of the armed forces and their 
dependents, otherwise known as a ``covered borrower'' as enacted by 
Congress in the National Defense Authorization Act for Fiscal Year 
2013. The MLA statute requires the Secretary of Defense to prescribe 
regulations to carry out 10 U.S.C. 987. The Secretary of Defense 
prescribed required regulations published in 32 CFR part 232 on July 
22, 2015.
    In prescribing regulations to implement the statute, the Department 
provided creditors an optional safe harbor provision if they 
conclusively determined whether credit is offered or extended to a 
``covered borrower'', and thus may be subject to 10 U.S.C. 987 and the 
requirements of this part, by assessing the status of a consumer in 
accordance with the regulation. See 32 CFR 232.5. A ``covered 
borrower'' is a consumer who, at the time the consumer becomes 
obligated on a consumer credit transaction or establishes an account 
for consumer credit, is a ``covered member'' or a dependent of a 
covered member. See 32 CFR 323.3. The regulation provides a creditor 
two methods to conclusively determine whether credit being offered or 
extended to an individual is a covered borrower for the purpose of the 
MLA.
    These methods are:
    A. The use of the Department's MLA database. ``[A] creditor may 
verify the status of a consumer by using information relating to that 
consumer, if any, obtained directly or indirectly from the database 
maintained by the Department, available at https://www.dmdc.osd.mil/mla/welcome.xhtml. A search of the Department's database requires the 
entry of the consumer's last name, date of birth, and Social Security 
number.'' See 32 CFR 232.5(b)(2)(i)(A). Or,
    B. The use of a consumer report from a nationwide consumer 
reporting agency. ``To determine whether a consumer is a covered 
borrower, a creditor may verify the status of a consumer by using a 
statement, code, or similar indicator describing that status, if any, 
contained in a consumer report obtained from a consumer reporting 
agency that compiles and maintains files on consumers on a nationwide 
basis, or a reseller of such a consumer report (as each of those terms 
is defined in the Fair Credit Reporting Act (15 U.S.C. 1681a) and any 
implementing regulation (12 CFR part 1022)).'' See 32 CFR 
232.5(b)(2)(ii).
    While the cadets and midshipmen of the military academies of the 
armed forces meet the requirement of being a ``member of the armed 
forces who is serving on--``(i) Active duty pursuant to title 10, title 
14, or title 32, United States Code, under a call or order that does 
not specify a period of 30 days or fewer'', they are currently not 
included in the population of the MLA database as they should be. This 
change remediates that condition.

    Dated: December 20, 2021.
Aaron T. Siegel,
Alternate OSD Federal Register, Liaison Officer, Department of Defense.
[FR Doc. 2021-28034 Filed 12-23-21; 8:45 am]
BILLING CODE 5001-06-P

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