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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3310 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 3310

To provide for additional protections and disclosures to consumers when 
 financial products or services are related to the consumers' military 
              or Federal pensions, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 23, 2013

 Mr. Cartwright (for himself, Mr. Connolly, Mr. Grayson, Mr. Conyers, 
Mr. Grijalva, Ms. Kaptur, Ms. Kelly of Illinois, Ms. Lee of California, 
  Mr. Takano, Ms. Slaughter, Ms. Eddie Bernice Johnson of Texas, Mr. 
   McGovern, Ms. Shea-Porter, Mr. Moran, Mr. Farr, Mr. Cummings, Mr. 
 Hinojosa, Mr. Lewis, Mrs. Negrete McLeod, Ms. Speier, Mr. Thompson of 
Mississippi, Mr. Langevin, Mr. Blumenauer, Ms. Fudge, Mr. George Miller 
  of California, Mr. Cohen, Mr. Gene Green of Texas, Ms. DeLauro, Mr. 
 Enyart, Mr. Pocan, Mr. Lynch, Ms. Hahn, Ms. McCollum, Mr. Waxman, Mr. 
  Delaney, Mr. Nadler, Ms. Michelle Lujan Grisham of New Mexico, Ms. 
 Norton, Mrs. Kirkpatrick, and Mr. Lowenthal) introduced the following 
bill; which was referred to the Committee on Financial Services, and in 
 addition to the Committees on Veterans' Affairs, Armed Services, and 
   Oversight and Government Reform, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

 
To provide for additional protections and disclosures to consumers when 
 financial products or services are related to the consumers' military 
              or Federal pensions, 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 ``Annuity Safety and Security Under 
Reasonable Enforcement Act of 2013'' or the ``ASSURE Act of 2013''.

SEC. 2. CONSIDERATION OF FEDERAL AND MILITARY PENSIONS IN EXTENSIONS OF 
              CREDIT.

    The Truth in Lending Act (15 U.S.C. 1601 et seq.) is amended--
            (1) in section 104(3), by inserting after ``other than'' 
        the following: ``payments described under section 126(a) and'';
            (2) by inserting after section 125 the following:
``Sec. 126. Payments in consideration of Federal and military pensions
    ``(a) Disclosure.--The Bureau shall issue regulations requiring any 
payment to a benefit recipient, whether or not such payment is an 
extension of credit, that diminishes the benefit recipient's ability to 
control the payments from their Federal or military pension in any way, 
to be treated as an extension of credit for purposes of the disclosures 
required under this title.
    ``(b) Interest Rate Cap.--With respect to a payment to a benefit 
recipient described under subsection (a)--
            ``(1) if such payment is an extension of consumer credit, a 
        creditor may not impose an annual percentage rate of interest 
        greater than the Federal funds rate plus 6 percent; and
            ``(2) if such payment is not an extension of consumer 
        credit, the Bureau shall issue regulations requiring that the 
        aggregate amount of cash and property paid in exchange for such 
        payment may not exceed an amount that is equivalent to the 
        interest rate described under paragraph (1).
    ``(c) Definitions.--For purposes of this section:
            ``(1) Benefit recipient.--The term `benefit recipient' 
        means a person who is entitled to payments under a Federal or 
        military pension.
            ``(2) Federal or military pension.--The term `Federal or 
        military pension' means--
                    ``(A) a benefit described under section 5301(a) of 
                title 38, United States Code;
                    ``(B) retired pay to an enlisted member of the 
                Army, Navy, Air Force, or Marine Corps; and
                    ``(C) an annuity described under section 8345 or 
                8465 of title 5, United States Code.
            ``(3) Federal funds rate.--For purposes of this section, 
        the term `Federal funds rate' means the Federal funds rate 
        published in the Federal Reserve Statistical Release on 
        selected interest rates (daily or weekly), and commonly 
        referred to as the H.15 release (or any successor 
        publication).''; and
            (3) in the table of contents for chapter 2 of such Act, by 
        inserting after the item relating to section 125 the following:

``126. Consideration of Federal pensions in extensions of credit''.

SEC. 3. CLARIFICATION OF ASSIGNMENTS; PRIVATE RIGHTS OF ACTIONS.

    (a) Veterans Benefits.--Section 5301 of title 38, United States 
Code, is amended by adding at the end the following:
    ``(f) Private Right of Action.--
            ``(1) In general.--A benefit recipient may bring an action 
        against a pension assignee in the appropriate Federal or State 
        court and recover--
                    ``(A) three times the damages suffered due to the 
                assignment made in violation of this section;
                    ``(B) court costs; and
                    ``(C) reasonable attorneys' fees and expenses.
            ``(2) Definitions.--For purposes of this subsection:
                    ``(A) Benefit recipient.--The term `benefit 
                recipient' means a person with respect to which 
                payments of benefits described under this section are 
                due or are to become due.
                    ``(B) Pension assignee.--With respect to a benefit 
                recipient, the term `pension assignee' means a person 
                who has been assigned the benefits of the benefit 
                recipient in violation of this section.''.
    (b) Military Retired Pay.--Section 701 of title 37, United States 
Code, is amended by adding at the end the following:
    ``(f) Clarification on Non-Assignment of Retired Pay for Enlisted 
Members.--
            ``(1) In general.--For purposes of this subsection (c), in 
        any case where an enlisted member is entitled to retired pay 
        and enters into an agreement with another person under which 
        agreement such other person acquires for consideration the 
        right to receive payment of such retired pay, whether by 
        payment from the member to such other person, deposit into an 
        account from which such other person may make withdrawals, or 
        otherwise, such agreement shall be deemed to be an assignment 
        and is prohibited. Any agreement or arrangement for collateral 
        for security for an agreement that is prohibited under the 
        previous sentence is also prohibited.
            ``(2) Private right of action.--
                    ``(A) In general.--A retired pay recipient may 
                bring an action against a retired pay assignee in the 
                appropriate Federal or State court and recover--
                            ``(i) three times the damages suffered due 
                        to the assignment of retired pay made in 
                        violation of this section;
                            ``(ii) court costs; and
                            ``(iii) reasonable attorneys' fees and 
                        expenses.
                    ``(B) Definitions.--For purposes of this 
                subsection:
                            ``(i) Retired pay recipient.--The term 
                        `retired pay recipient' means a person with 
                        respect to which retired pay described under 
                        this section is due or is to become due.
                            ``(ii) Retired pay assignee.--With respect 
                        to a retired pay recipient, the term `retired 
                        pay assignee' means a person who has been 
                        assigned or allotted the retired pay of the 
                        retired pay recipient in violation of this 
                        section.''.
    (c) CSRS Annuities.--Section 8345(h) of title 5, United States 
Code, is amended to read as follows:
    ``(h) Non-Assignment of Annuities.--
            ``(1) In general.--An individual entitled to an annuity 
        from the Fund may not make allotments or assignments of amounts 
        from such annuity.
            ``(2) Construction.--For purposes of this subsection--
                    ``(A) in any case where an individual entitled to 
                an annuity from the Fund enters into an agreement with 
                another person under which agreement such other person 
                acquires for consideration the right to receive payment 
                of such annuity, whether by payment from the individual 
                to such other person, deposit into an account from 
                which such other person may make withdrawals, or 
                otherwise, such agreement shall be deemed to be an 
                assignment and is prohibited; and
                    ``(B) any agreement or arrangement for collateral 
                for security for an agreement that is prohibited under 
                subparagraph (A) is also prohibited.
            ``(3) Exception.--Paragraphs (1) and (2) shall not apply to 
        amounts used to pay dues to unions or other employee 
        organizations.
            ``(4) Private right of action.--
                    ``(A) In general.--An annuity recipient may bring 
                an action against an annuity assignee in the 
                appropriate Federal or State court and recover--
                            ``(i) three times the damages suffered due 
                        to the assignment made in violation of this 
                        subsection or the regulations issued pursuant 
                        to this subsection;
                            ``(ii) court costs; and
                            ``(iii) reasonable attorneys' fees and 
                        expenses.
                    ``(B) Definitions.--For purposes of this paragraph:
                            ``(i) Annuity assignee.--With respect to an 
                        annuity recipient, the term `annuity assignee' 
                        means a person who has been assigned or 
                        allotted all or part of an annuity from the 
                        Fund in violation of this subsection or the 
                        regulations issued pursuant to this subsection.
                            ``(ii) Annuity recipient.--The term 
                        `annuity recipient' means an individual 
                        entitled to an annuity from the Fund.''.
    (d) FERS Annuities.--Section 8465(b) of title 5, United States 
Code, is amended to read as follows:
    ``(b) Non-Assignment of Annuities.--
            ``(1) In general.--An individual entitled to an annuity 
        from the Fund may not make allotments or assignments of amounts 
        from such annuity.
            ``(2) Construction.--For purposes of this subsection--
                    ``(A) in any case where an individual entitled to 
                an annuity from the Fund enters into an agreement with 
                another person under which agreement such other person 
                acquires for consideration the right to receive payment 
                of such annuity, whether by payment from the individual 
                to such other person, deposit into an account from 
                which such other person may make withdrawals, or 
                otherwise, such agreement shall be deemed to be an 
                assignment and is prohibited; and
                    ``(B) any agreement or arrangement for collateral 
                for security for an agreement that is prohibited under 
                subparagraph (A) is also prohibited.
            ``(3) Exception.--Paragraphs (1) and (2) shall not apply to 
        amounts used to pay dues to unions or other employee 
        organizations.
            ``(4) Private right of action.--
                    ``(A) In general.--An annuity recipient may bring 
                an action against an annuity assignee in the 
                appropriate Federal or State court and recover--
                            ``(i) three times the damages suffered due 
                        to the assignment made in violation of this 
                        subsection or the regulations issued pursuant 
                        to this subsection;
                            ``(ii) court costs; and
                            ``(iii) reasonable attorneys' fees and 
                        expenses.
                    ``(B) Definitions.--For purposes of this paragraph:
                            ``(i) Annuity assignee.--With respect to an 
                        annuity recipient, the term `annuity assignee' 
                        means a person who has been assigned or 
                        allotted all or part of an annuity from the 
                        Fund in violation of this subsection or the 
                        regulations issued pursuant to this subsection.
                            ``(ii) Annuity recipient.--The term 
                        `annuity recipient' means an individual 
                        entitled to an annuity from the Fund.''.

SEC. 4. BUREAU OF CONSUMER FINANCIAL PROTECTION PROVISIONS.

    (a) Regulation of Federal or Military Pension-Related Products.--
Section 1032(f) of the Consumer Financial Protection Act of 2010 (12 
U.S.C. 5532(f)) is amended by adding at the end the following:
    ``(g) Regulation of Federal or Military Pension-Related Products.--
            ``(1) In general.--The Bureau shall issue regulations to 
        require a person offering a Federal or military pension-related 
        product to provide additional disclosures when advertising or 
        selling such product, sufficient to allow consumers to 
        understand how their pension relates to the product.
            ``(2) Definitions defined.--For purposes of this 
        subsection:
                    ``(A) Federal or military pension.--The term 
                `Federal or military pension' means--
                            ``(i) a benefit described under section 
                        5301(a) of title 38, United States Code;
                            ``(ii) retired pay to an enlisted member of 
                        the Army, Navy, Air Force, or Marine Corps; and
                            ``(iii) an annuity described under section 
                        8345 or 8465 of title 5, United States Code.
                    ``(B) Federal or military pension-related 
                product.--The term `Federal or military pension-related 
                product' means a financial product or service related 
                to a Federal or military pension, including any 
                extension of credit if the creditor, when determining a 
                consumer's ability to repay the extension of credit, 
                takes the pension into consideration.''.
    (b) Study by the Bureau.--
            (1) In general.--The Bureau of Consumer Financial 
        Protection shall carry out a study of financial products and 
        services that target military retirees and Federal employee 
        retirees.
            (2) Report.--Not later than the end of the 3-month period 
        beginning on the date of the enactment of this Act, the Bureau 
        shall issue a report to the Congress containing all findings 
        and determinations made in carrying out the study required 
        under this subsection.
                                 <all>
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