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SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Consumer Lending Education And 
Reform Act'' and the ``C.L.E.A.R. Act''.

SEC. 2. PROTECTIONS FOR CONSUMERS.

    (a) In General.--Chapter 2 of the Truth in Lending Act (15 U.S.C. 
1631 et seq.) is amended by inserting after section 129A the following 
new section:
``Sec. 129B Protections for consumers
    ``(a) Definitions.--For purposes of this section, the following 
definitions shall apply:
            ``(1) Affiliate.--The term `affiliate' has the same meaning 
        as in section 129(k).
            ``(2) Electronic signature.--The term `electronic 
        signature' means a signatures in digital or other electronic 
        form that meets the validity requirements of the Electronic 
        Signatures in Global and National Commerce Act.
            ``(3)  Extended payment plan.--The term `extended payment 
        plan' means an amendment to the payday loan that is signed in 
        person or electronically by both the consumer and the creditor 
        reflecting an agreement that the consumer pay the outstanding 
        balance on a payday loan in 4 equal payments, where the period 
        between each payment may not be less than the duration of the 
        original payday loan.
            ``(4) Home state.--
                    ``(A) In general.--The term `home State' means, 
                with respect to any creditor or any affiliate of a 
                creditor, the State in which the primary home office of 
                the creditor or any affiliate of the creditor is 
                located.
                    ``(B) Home office.--The term `home office' means 
                the office that houses a majority of the applicable 
                party's day-to-day management and administrative 
                support functions.
            ``(5) Interest and fees.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the term `interest and fees' includes 
                any charge payable directly or indirectly by the 
                consumer and imposed directly or indirectly by the 
                creditor as an incident to or a condition of the 
                extension of credit.
                    ``(B) Charges not included.--The term `interest and 
                fees' does not include--
                            ``(i) any charge for a default, 
                        delinquency, or similar occurrence; or
                            ``(ii) any charge imposed when, if for any 
                        reason, funds are not made available to pay an 
                        item or authorization delivered to the creditor 
                        in the manner described in subparagraph (A) or 
                        (B) of paragraph (1) to the extent that--
                                    ``(I) the charge does not exceed 
                                the greater of $25 or the amount 
                                charged to the creditor by the 
                                creditor's financial institution; and
                                    ``(II) the charge is only imposed 
                                once per each item or authorization 
                                regardless of whether the item or 
                                authorization is presented for payment 
                                more than once.
            ``(6) Loan store.--The term `loan store' means each 
        location operated by a creditor at which applications for 
        payday loans are received or the proceeds of payday loans are 
        disbursed.
            ``(7) Payday loan; loan.--The terms `payday loan' and 
        `loan' mean a closed-end credit transaction, evidenced by a 
        loan agreement signed by the creditor and the consumer, in 
        person or electronically, unsecured by any interest in the 
        consumer's tangible personal property with a term of at least 7 
        and not more than 90 days in which the amount financed does not 
        exceed $2,000 with a finance charge exceeding an annual 
        percentage rate of 36 percent, and the consumer--
                    ``(A) receives funds from and incurs interest or a 
                fee payable to a creditor, and contemporaneously with 
                the receipt of funds, provides a check or other payment 
                instrument to the creditor who agrees with the consumer 
                not to deposit or present the check or payment 
                instrument for more than 1 day; or
                    ``(B) receives funds from and incurs interest or a 
                fee payable to a creditor, and contemporaneously with 
                the receipt of funds, authorized the creditor to 
                initiate a debt or debits to the consumer's deposit 
                account (by electronic fund transfer or remotely 
                created check) after 1 or more days.
            ``(8) Payday lender.--The term `payday lender' means any 
        creditor with respect to a payday loan.
            ``(9) Refinancing.--The term `refinancing' means the use of 
        the proceeds of 1 payday loan obtained from a creditor to pay 
        off any amount due to that creditor.
    ``(b) Protections for Consumers.--
            ``(1) Interest and fee cap.--A payday lender may not--
                    ``(A) require a consumer to pay--
                            ``(i) in the case of any original payday 
                        loan, interest and other fees and charges that 
                        total more than 15 cents for every dollar 
                        loaned; and
                            ``(ii) in the case of an original payday 
                        loan originated over the Internet, an 
                        additional origination fee in excess of 5 
                        percent of the original principal loan amount;
                    ``(B) require a consumer to pay interest and fees 
                that, combined, total more than--
                            ``(i) in the case of the 1st refinancing of 
                        an outstanding payday loan, 15 cents for every 
                        dollar of the outstanding original principal 
                        loan amount; and
                            ``(ii) in the case of the 2nd refinancing 
                        of an outstanding payday loan, 10 cents for 
                        every dollar of the outstanding original 
                        principal loan amount; or
                    ``(C) require a consumer to pay an origination fee 
                for a payday loan that is refinanced.
            ``(2) Mandatory disclosures.--A payday lender may not make 
        or refinance a payday loan unless the creditor has first 
        provided the consumer with a copy of a written loan agreement, 
        which shall be signed by the creditor and by the consumer and 
        shall include the following information in English and in the 
        language in which the loan was negotiated:
                    ``(A) A clear and conspicuous description of the 
                terms of the loan, including the total cost of all fees 
                and other charges in connection with the loan stated as 
                a dollar amount, and the consumer's payment obligations 
                under the loan.
                    ``(B) The name, address and telephone number of the 
                creditor making the loan, and the name of title of the 
                individual employee of the creditor who signs the loan 
                agreement on behalf of the creditor.
                    ``(C) The following statements, in at least 14-
                point bold face type:
                            ``(i) Warning.--This loan is not intended 
                        to meet long-term financial needs. This loan 
                        should be used only to meet short-term cash 
                        needs.
                            ``(ii) Credit counseling availability.--You 
                        should consider contacting an independent, 
                        nonprofit credit counseling agency approved by 
                        the National Foundation for Credit Counseling 
                        (NFCC) or by a State or Federal Government 
                        agency. You may obtain information on how to 
                        contact an approved counselor near you by 
                        calling the National Foundation for Credit 
                        Counseling at 1-800-388-2227.
                            ``(iii) No criminal prosecution or security 
                        interest.--You cannot be prosecuted in criminal 
                        court to collect this loan, and the creditor 
                        may not take or attempt to take an interest in 
                        any of your personal property to secure his 
                        loan.
            ``(3) Additional public disclosures.--A payday lender may 
        not make or refinance a payday loan to any consumer unless the 
        following notices are posted conspicuously in English and 
        Spanish and in not less than 1-inch bold print in the 
        creditor's public lending area in each loan store, or, if the 
        loan is made using the Internet, fax or other means, are posted 
        conspicuously on the creditor's public internet site relating 
        to any such payday loan:
                    ``(A) Warning.--This loan is not intended to meet 
                long-term financial needs. This loan should be used 
                only to meet short-term cash needs.
                    ``(B) Credit counseling availability.--You should 
                consider contacting an independent, nonprofit credit 
                counseling agency approved by the National Foundation 
                for Credit Counseling (NFCC) or by a State or Federal 
                Government agency. You may obtain information on how to 
                contact an approved counselor near you by calling the 
                National Foundation for Credit Counseling at 1-800-388-
                2227.
                    ``(C) No criminal prosecution or security 
                interest.--You cannot be prosecuted in criminal court 
                to collect this loan, and the creditor may not take or 
                attempt to take an interest in any of your personal 
                property to secure his loan.
            ``(4) Creditor surety bond requirements.--
                    ``(A) In general.--A payday lender may not make or 
                refinance a payday loan unless the creditor has 
                obtained and filed, in accordance with subparagraph 
                (B), a surety bond in the following amount:
                            ``(i) A surety bond in the amount of 
                        $100,000 for each loan store operated by the 
                        creditor, if the creditor operates fewer than 
                        10 loan stores and does not offer any payday 
                        loans over the Internet.
                            ``(ii) A surety bond in the amount of 
                        $1,000,000, if the creditor operates 10 or more 
                        loan stores or offers loans over the Internet.
                            ``(iii) Such greater amount as may be 
                        required by applicable State law.
                    ``(B) Bond requirements.--The surety bond obtained 
                by a payday lender to meet the requirements of 
                subparagraph (A) shall be filed with, and for the 
                benefit of, the State attorney general in the 
                creditor's home state.
                    ``(C) Aggregation of lender and affiliate under 
                certain circumstances.--For purposes of this paragraph, 
                a creditor and each affiliate of a creditor which has 
                the same home State as the creditor may aggregate the 
                loan stores operated by such creditor and any such 
                affiliate for purposes of determining the amount of the 
                surety bond required to be filed under subparagraph 
                (A).
            ``(5) Extended payment plan.--
                    ``(A) In general.--A payday lender may not make or 
                refinance a payday loan unless the terms of the loan 
                require the creditor, upon receiving notice from the 
                consumer of an inability to repay prior to close of 
                business on the last business day before the original 
                due date of the loan, provides the consumer with notice 
                of and the right to opt into an extended payment plan, 
                without charge, 1 time in any 12 month period.
                    ``(B) Limitation during extended payment plan.--A 
                creditor may not engage in any collection activity (or 
                procure the services of any other for such purpose) 
                during the term of any extended payment plan.
            ``(6) Refinancing.--A payday lender may not--
                    ``(A) refinance a payday loan for less than 7 days;
                    ``(B) refinance a payday loan more than 2 
                consecutive times; refinance a payday loan without 
                terminating the previous agreement and entering into a 
                new agreement that the creditor and consumer each sign 
                in person or with an electronic signature; or
                    ``(C) require a consumer to pay interest and fees 
                in connection with a refinancing that, combined, total 
                more than the amount permitted under paragraph 
                (1)(B).''.
    (b) Technical and Conforming Amendments.--
            (1) Disclosures.--Section 128(a)(4) of the Truth in Lending 
        Act (U.S.C. 1638(a)(4)) is amended--
                    (A) by striking ``or'' after ``does not exceed 
                $5,'' and
                    (B) by inserting ``, or if the loan is subject to 
                section 129B''.
            (2) Effect on other laws.--Section 111 of the Truth in 
        Lending Act (U.S.C. 1610) is amended--
                    (A) in subsection (b), by inserting ``subsection 
                (f) of this section and'' after ``Except as provided 
                in''; and
                    (B) by adding at the end the following new 
                subsection:
    ``(f) Payday Loans.--
            ``(1) In general.--The following provisions of the law of 
        any State shall not apply to any payday loan, or any 
        refinancing of a payday loan, that is subject to section 129B:
                    ``(A) Any provision requiring minimum loan terms.
                    ``(B) Any provision prohibiting, defining or 
                limiting any refinancing.
                    ``(C) Any provision prohibiting or limiting the use 
                of a check or debit authorization to originate a payday 
                loan.
                    ``(D) Any provision prohibiting or mandating 
                extended payment plans.
                    ``(E) Any provision limiting the rate or amount of 
                interest and fees or default, delinquency or not 
                sufficient fund fees or other charges which may be 
                taken, received or reserved by creditors for payday 
                loans or any refinancing of a payday loan.
            ``(2) Enforcement.--Notwithstanding paragraph (1), any 
        State may employ or establish State laws for the purpose of 
        enforcing the requirements of section 129B.''.
    (c) Clerical Amendment.--The table of sections for chapter 2 of the 
Truth in Lending Act is amended by inserting after the item relating to 
section 129 the following new items:

``129A. Fiduciary duty of servicers of pooled residential mortgages.
``129B. Protections for consumers.''.
Consumer Lending Education And Reform Act or the C.L.E.A.R. Act - Amends the Truth in Lending Act to limit the interest, fees and charges that a payday lender may require a consumer to pay with respect to an original payday loan and a refinanced payday loan.

Prohibits a payday lender from: (1) requiring a consumer to pay an origination fee for a payday loan that is refinanced; or (2) making or refinancing a payday loan unless the creditor has first provided the consumer with a copy of a written loan agreement, signed by the creditor and by the consumer, which includes specified information in English and in the language in which the loan was negotiated.

Requires a payday lender to file a surety bond.

Prohibits a payday lender from making or refinancing a payday loan unless the terms of the loan require the creditor, upon receiving notice of consumer's inability to repay, to provide the consumer with notice of and the right to opt into an extended payment plan, without charge, one time in any 12-month period.

Prohibits a creditor from engaging in any collection activity (or procuring the services of any other for such purpose) during the term of any extended payment plan.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Prevention of Escapement of 
Genetically Altered Salmon in the United States Act''.

SEC. 2. PROHIBITION ON SALE OF GENETICALLY ALTERED SALMON.

    (a) Prohibition.--It shall be unlawful for a person--
            (1) to ship, transport, offer for sale, sell, or purchase a 
        covered fish, or a product containing covered fish, in 
        interstate or foreign commerce;
            (2) to have custody, control, or possession of, with the 
        intent to ship, transport, offer for sale, sell, or purchase a 
        covered fish, or a product containing covered fish, in 
        interstate commerce;
            (3) to engage in net-pen aquaculture of covered fish;
            (4) to release a covered fish into a natural environment; 
        or
            (5) to have custody, control, or possession of a covered 
        fish with the intent to release it into a natural environment.
    (b) Exception.--Subsection (a) shall not apply to a fish, fish 
part, or product--
            (1) under confined use, or intended for confined use, for 
        scientific research;
            (2) collected for the purpose of enforcing this Act; or
            (3) if the Under Secretary of Commerce for Oceans and 
        Atmosphere, in consultation with the Director of the United 
        States Fish and Wildlife Service and any other Federal, State, 
        or tribal entity the Under Secretary considers appropriate, 
        reviews any application requesting an action by a department or 
        agency of the Federal government to permit an act prohibited 
        under subsection (a), including any environmental assessment 
        prepared as part of that application, and--
                    (A) prepares a finding of no significant impact in 
                accordance with the National Environmental Policy Act 
                of 1969 (42 U.S.C. 4321 et seq.); or
                    (B) finds the application to be consistent with an 
                environmental impact statement prepared by the Under 
                Secretary in accordance with section 102(2)(C) of the 
                National Environmental Policy Act of 1969 (42 U.S.C. 
                4332) that includes--
                            (i) an environmental risk analysis that 
                        assesses the potential direct and indirect 
                        impacts from escapement of covered fish on wild 
                        and cultured fish stocks and environments that 
                        may be exposed to such covered fish;
                            (ii) a failure mode and effects analysis 
                        that quantitatively assesses the best- and 
                        worst-case probabilities of failure of each 
                        applicable confinement technique;
                            (iii) an assessment of the costs of control 
                        or eradication of escaped covered fish; and
                            (iv) an assessment of the potential 
                        economic damage in terms of loss of production 
                        or sales to relevant wild and cultured fish 
                        stocks and environments from the escapement of 
                        covered fish.
    (c) Environmental Impact Considerations.--
            (1) Notice.--Each agency, department, or other unit of the 
        Federal Government shall promptly notify the Under Secretary of 
        Commerce for Oceans and Atmosphere when an action involving 
        covered fish, or a product containing covered fish is first 
        identified by such unit.
            (2) Ensuring compliance.--The Under Secretary of Commerce 
        for Oceans and Atmosphere, in cooperation with each Federal, 
        State, or tribal entity that the Under Secretary considers 
        appropriate, may monitor any mitigation measures proposed under 
        subsection (b)(3) to ensure implementation and compliance 
        therewith.
            (3) Provisions as complementary.--The provisions of this 
        Act are in addition to, and shall not affect the operation of, 
        other Federal, State, or local laws regulating a covered fish, 
        or a product containing covered fish.
    (d) Rules and Regulations.--The Secretary shall prescribe such 
rules and regulations as the Secretary considers necessary to carry out 
the provisions of this Act.

SEC. 3. ENFORCEMENT AND PENALTIES.

    (a) Enforcement.--The Secretary of Commerce may enforce section 2 
in the same manner, by the same means, and with the same jurisdiction, 
powers, and duties provided under sections 308, 309, 310, and 311 of 
the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 
1858, 1859, 1860, and 1861).
    (b) Penalties.--A person who violates section 2 shall be subject to 
the penalties, and entitled to the privileges and immunities, under 
sections 308, 309, 310, and 311 of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1858, 1859, 1860, and 1861).

SEC. 4. REPORT ON RISKS TO WILD FISH STOCKS.

    Not later than 180 days after the date of enactment of this Act, 
the Under Secretary of Commerce for Oceans and Atmosphere shall 
transmit to the Committee on Commerce, Science, and Transportation of 
the Senate and the Committee on Natural Resources of the House of 
Representatives the report under section 1007 of the Food and Drug 
Administration Amendments Act of 2007 (21 U.S.C. 2106).

SEC. 5. DEFINITIONS.

    In this Act:
            (1) Confined use.--The term ``confined use'' means any 
        operation, undertaken within a secured, land-based facility, 
        that involves a covered fish controlled by specific measures 
        that effectively prevent the covered fish from having contact 
        with and impact on the external environment, including 
        biological and physical confinement measures.
            (2) Covered fish.--The term ``covered fish'' means any 
        finfish, live or dead, including the gametes, fertilized eggs, 
        offspring, and descendants thereof, that is modified or 
        produced through the application of recombinant 
        deoxyribonucleic acid (DNA) technologies, using DNA from an 
        organism's own genome or that of another species, that overcome 
        natural physiological reproductive barriers and that are not 
        techniques used in traditional breeding and selection.
            (3) Finding of no significant impact.--The term ``finding 
        of no significant impact'' has the meaning given the term in 
        section 1508.13 of title 40, Code of Federal Regulations.
            (4) Product.--The term ``product'' means an item 
        manufactured or produced for sale or use as food.
Prevention of Escapement of Genetically Altered Salmon in the United States Act  This bill prohibits a person from:   shipping, transporting, offering for sale, selling, or purchasing a genetically altered finfish, or a food product containing those fish, in commerce;  having custody, control, or possession of those fish or food products with the intent to ship, transport, offer for sale, sell, or purchase them in commerce;  engaging in net-pen aquaculture (pens of fish contained by nets) of those fish;  releasing those fish into a natural environment; or  having custody, control, or possession of those fish with the intent to release them into a natural environment.    Fish, fish parts, or products confined for scientific research or collected to enforce this Act are exempted from the prohibition. An additional exemption is established if the National Oceanic and Atmospheric Administration (NOAA): (1) prepares a finding of no significant impact in accordance with the National Environmental Policy Act of 1969 after reviewing an application requesting a federal agency to permit activity prohibited by this Act, or (2) finds the application to be consistent with an environmental impact statement that includes an environmental risk analysis and specified assessments of costs and potential economic damage. Each federal agency must promptly notify NOAA when an action involving those fish or food products is first identified by the agency. The Department of Commerce may enforce penalties for violations of this Act under specified provisions of the Magnuson-Stevens Fishery Conservation and Management Act.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Volcano Early Warning and 
Monitoring System Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Director of the United 
        States Geological Survey.
            (2) System.--The term ``System'' means the National Volcano 
        Early Warning and Monitoring System established under section 
        3(a)(1).

SEC. 3. NATIONAL VOLCANO EARLY WARNING AND MONITORING SYSTEM.

    (a) Establishment.--
            (1) In general.--The Secretary shall establish within the 
        United States Geological Survey a system, to be known as the 
        ``National Volcano Early Warning and Monitoring System'', to 
        monitor, warn, and protect citizens of the United States from 
        undue and avoidable harm from volcanic activity.
            (2) Purposes.--The purposes of the System are--
                    (A) to organize, modernize, standardize, and 
                stabilize the monitoring systems of the volcano 
                observatories in the United States, which includes the 
                Alaska Volcano Observatory, California Volcano 
                Observatory, Cascades Volcano Observatory, Hawaiian 
                Volcano Observatory, and Yellowstone Volcano 
                Observatory; and
                    (B) to unify the monitoring systems of volcano 
                observatories in the United States into a single 
                interoperative system.
            (3) Objective.--The objective of the System is to monitor 
        all the volcanoes in the United States at a level commensurate 
        with the threat posed by the volcanoes by--
                    (A) upgrading existing networks on monitored 
                volcanoes;
                    (B) installing new networks on unmonitored 
                volcanoes; and
                    (C) employing geodetic and other components when 
                applicable.
    (b) System Components.--
            (1) In general.--The System shall include--
                    (A) a national volcano watch office that is 
                operational 24 hours a day and 7 days a week;
                    (B) a national volcano data center; and
                    (C) an external grants program to support research 
                in volcano monitoring science and technology.
            (2) Modernization activities.--Modernization activities 
        under the System shall include the comprehensive application of 
        emerging technologies, including digital broadband 
        seismometers, real-time continuous Global Positioning System 
        receivers, satellite and airborne radar interferometry, 
        acoustic pressure sensors, and spectrometry to measure gas 
        emissions.
    (c) Management.--
            (1) Management plan.--
                    (A) In general.--Not later than 180 days after the 
                date of enactment of this Act, the Secretary shall 
                submit to Congress a 5-year management plan for 
                establishing and operating the System.
                    (B) Inclusions.--The management plan submitted 
                under subparagraph (A) shall include--
                            (i) annual cost estimates for modernization 
                        activities and operation of the System;
                            (ii) annual milestones, standards, and 
                        performance goals; and
                            (iii) recommendations for, and progress 
                        towards, establishing new, or enhancing 
                        existing, partnerships to leverage resources.
            (2) Advisory committee.--The Secretary shall establish an 
        advisory committee to assist the Secretary in implementing the 
        System, to be comprised of representatives of relevant agencies 
        and members of the scientific community, to be appointed by the 
        Secretary.
            (3) Partnerships.--The Secretary may enter into cooperative 
        agreements with institutions of higher education and State 
        agencies designating the institutions of higher education and 
        State agencies as volcano observatory partners for the System.
            (4) Coordination.--The Secretary shall coordinate the 
        activities under this Act with the heads of relevant Federal 
        agencies, including--
                    (A) the Secretary of Transportation;
                    (B) the Administrator of the Federal Aviation 
                Administration;
                    (C) the Administrator of the National Oceanic and 
                Atmospheric Administration; and
                    (D) the Director of the Federal Emergency 
                Management Administration.
    (d) Annual Report.--Annually, the Secretary shall submit to 
Congress a report that describes the activities carried out under this 
Act.

SEC. 4. FUNDING.

    (a) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this Act $55,000,000 for the period of fiscal 
years 2019 through 2023.
    (b) Effect on Other Sources of Federal Funding.--Amounts made 
available under this section shall supplement, and not supplant, 
Federal funds made available for other United States Geological Survey 
hazards activities and programs.

            Passed the Senate May 17, 2018.

            Attest:

                                                             Secretary.
115th CONGRESS

  2d Session

                                 S. 346

_______________________________________________________________________

                                 AN ACT

To provide for the establishment of the National Volcano Early Warning 
                         and Monitoring System.

National Volcano Early Warning and Monitoring System Act (Sec. 3) This bill directs the United States Geological Survey (USGS) to establish the National Volcano Early Warning and Monitoring System to monitor, issue warnings of, and protect U.S. citizens from undue and avoidable harm from, volcanic activity.  The purposes of the system are to: (1) organize, modernize, standardize, and stabilize the monitoring systems of U.S. volcano observatories; and (2) unify such systems into a single interoperative system. The objective of the system is to monitor all U.S. volcanoes at a level commensurate with the threat posed by the volcanoes by: (1) upgrading existing networks on monitored volcanoes, (2) installing new networks on unmonitored volcanoes, and (3) employing geodetic and other components when applicable. The system shall include: (1) a national volcano watch office that is operational 24 hours a day and 7 days a week, (2) a national volcano data center, (3) an external grants program to support research in volcano monitoring science and technology, and (4) modernization activities including the comprehensive application of emerging technologies. The USGS must: (1) submit to Congress a five-year management plan for establishing and operating the system, (2) establish an advisory committee to assist in implementing the system, and (3) report to Congress annually describing the activities carried out under this bill. The USGS may enter into cooperative agreements designating institutions of higher education and state agencies as volcano observatory partners for the system. (Sec. 4) The bill authorizes appropriations for FY2019-FY2023.