Ability to Repay Verification Enabling Act

Bill: 113-hr-2722
Sponsor: full_name: Rep. Ellison, Keith [D-MN-5]
Introduced: 2013-07-18
Policy area: Labor and Employment
Subjects: Administrative law and regulatory procedures

Consumer affairs

Consumer credit

Department of Labor

Government information and archives

Unemployment
Latest action: action_date: 2013-07-18
text: Referred to the House Committee on Ways and Means.

Summaries:
action_date: 2013-07-18
action_desc: Introduced in House
text: <p>Ability to Repay Verification Enabling Act - Prohibits the Secretary of Labor from implementing, enforcing, or administering the requirement in the Unemployment Insurance Program Letter No. 19-12, dated May 23, 2012, that a third-party consumer reporting agency obtain an informed consent agreement from an individual in order to obtain from a state agency confidential unemployment compensation information about the individual, if the consumer reporting agency: (1) serves only as a secure conduit to data from state unemployment compensation agencies, and (2) is not an agent of the individual.</p>

tv_txt: I 113th CONGRESS 1st Session H. R. 2722 IN THE HOUSE OF REPRESENTATIVES July 18, 2013 Mr. Ellison (for himself and Mr. Renacci ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To prohibit the Secretary of Labor from enforcing any requirement that consumer reporting agencies that serve only as a secure conduit to data from State unemployment compensation agencies obtain and maintain an individual’s informed consent agreement when verifying income and employment with such agencies, and for other purposes.

1. Short title This Act may be cited as the Ability to Repay Verification Enabling Act . 2. Findings Congress finds the following: (1) Economic growth requires access to affordable credit which depends on consumers’ ability to understand the terms of any loans they make and the ability of lenders to have an understanding of the consumers’ ability and willingness to repay loans. (2) New laws enacted by Congress require lenders to ascertain borrowers’ willingness and ability to repay prior to making a loan. (3) Lenders and consumers receive benefits such as quicker approval, lower interest rates, protection of privacy, and stronger anti-fraud protections from automatic underwriting utilizing existing databases. (4) Eleven States (Alabama, California, Florida, Georgia, Indiana, Louisiana, Missouri, New York, Ohio, Oregon, and Virginia) passed enabling legislation or rules enabling consumers who request that third parties using consumer report information for purposes of eligibility determination have efficient access to this information from the State’s unemployment insurance database. (5) Fair Credit Reporting Act requirements already require third parties using consumer report information for purposes of eligibility determination to obtain and maintain consent agreements. 3. Prohibition on requirement for onward transfer of consent agreements Notwithstanding any other provision of law, the Secretary of Labor may not— (1) take any action to implement or enforce the requirement described in the Unemployment Insurance Program Letter No. 19–12, dated May 23, 2012, that a third-party consumer reporting agency that serves only as a secure conduit to data from State unemployment compensation agencies and that is not an agent of an individual obtain and maintain an informed consent agreement from such individual if the third-party consumer reporting agency seeks to obtain confidential unemployment compensation information with respect to such individual from a State; or (2) issue, implement, administer, or enforce any rule or other guidance that is the same as, or similar in effect to, the requirement described in paragraph (1).