ASSURE Act of 2013

Bill: 113-hr-3310
Sponsor: full_name: Rep. Cartwright, Matt [D-PA-17]
Introduced: 2013-10-23
Policy area: Finance and Financial Sector
Subjects: Administrative law and regulatory procedures

Banking and financial institutions regulation

Civil actions and liability

Consumer Financial Protection Bureau

Consumer credit

Financial services and investments

Government employee pay, benefits, personnel management

Government studies and investigations

Interest, dividends, interest rates

Legal fees and court costs

Veterans' pensions and compensation
Latest action: action_date: 2014-02-03
text: Referred to the Subcommittee on Disability Assistance and Memorial Affairs.

Summaries:
action_date: 2013-10-23
action_desc: Introduced in House
text: <p>Annuity Safety and Security Under Reasonable Enforcement Act of 2013 or the ASSURE Act of 2013 - Amends the Truth in Lending Act to direct the Bureau of Consumer Financial Protection (CFPB) to issue regulations requiring any payment to a recipient of a federal or military pension (a benefit recipient) that diminishes the benefit recipient's ability to control payments from such pension to be treated as an extension of credit.</p> <p>Requires financial institutions to include the terms of such credit in consumer information disclosures.</p> <p>Prohibits the annual percentage rate of interest on such arrangements from exceeding the federal funds rate plus 6% or an equivalent aggregate amount of cash and property. </p> <p>Specifies conditions under which payment of consideration in exchange for the retired pay of enlisted military members is prohibited from assignment under veterans' benefits laws.</p> <p>Prohibits individuals from making allotments or assignments from annuities under the Civil Service Retirement System (CSRS) or the Federal Employees' Retirement System (FERS), including any agreement under which another person acquires for consideration the right to receive payment from such annuities as well as any arrangement for collateral for security for such an agreement. Exempts union dues or payments to employee organizations from such prohibitions.</p> <p>Authorizes benefit recipients, individuals entitled to military retired pay, and annuity recipients to bring a private legal action in federal or state court against an assignee engaging in prohibited assignments.</p> <p>Amends the Consumer Financial Protection Act of 2010 to direct the CFPB to issue regulations requiring persons offering federal or military pension-related products to provide additional disclosures when advertising or selling such products to allow consumers to understand how their pension relates to the product.</p>

tv_txt: I 113th CONGRESS 1st Session H. R. 3310 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.

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 . 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: 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 . 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. . 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.