In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.

[Q]: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Opioid Use Disorder Treatment 
Expansion and Modernization Act''.

SEC. 2. FINDING.

    The Congress finds that opioid use disorder has become a public 
health epidemic that must be addressed by increasing awareness and 
access to all treatment options for opioid use disorder, overdose 
reversal, and relapse prevention.

SEC. 3. OPIOID USE DISORDER TREATMENT MODERNIZATION.

    (a) In General.--Section 303(g)(2) of the Controlled Substances Act 
(21 U.S.C. 823(g)(2)) is amended--
            (1) in subparagraph (B), by striking clauses (i), (ii), and 
        (iii) and inserting the following:
            ``(i) The practitioner is a qualifying practitioner (as 
        defined in subparagraph (G)).
            ``(ii) With respect to patients to whom the practitioner 
        will provide such drugs or combinations of drugs, the 
        practitioner has the capacity to provide directly, by referral, 
        or in such other manner as determined by the Secretary--
                    ``(I) all schedule III, IV, and V drugs, as well as 
                unscheduled medications approved by the Food and Drug 
                Administration, for the treatment of opioid use 
                disorder, including such drugs and medications for 
                maintenance, detoxification, overdose reversal, and 
                relapse prevention, as available; and
                    ``(II) appropriate counseling and other appropriate 
                ancillary services.
            ``(iii)(I) The total number of such patients of the 
        practitioner at any one time will not exceed the applicable 
        number. Except as provided in subclause (II), the applicable 
        number is 30.
            ``(II) The applicable number is 100 if, not sooner than 1 
        year after the date on which the practitioner submitted the 
        initial notification, the practitioner submits a second 
        notification to the Secretary of the need and intent of the 
        practitioner to treat up to 100 patients.
            ``(III) The Secretary may by regulation change such total 
        number.
            ``(IV) The Secretary may exclude from the applicable number 
        patients to whom such drugs or combinations of drugs are 
        directly administered by the qualifying practitioner in the 
        office setting.
            ``(iv) If the Secretary by regulation increases the total 
        number of patients which a qualifying practitioner is permitted 
        to treat pursuant to clause (iii)(II), the Secretary shall 
        require such a practitioner to obtain a written agreement from 
        each patient, including the patient's signature, that the 
        patient--
                    ``(I) will receive an initial assessment and 
                treatment plan and periodic assessments and treatment 
                plans thereafter;
                    ``(II) will be subject to medication adherence and 
                substance use monitoring;
                    ``(III) understands available treatment options, 
                including all drugs approved by the Food and Drug 
                Administration for the treatment of opioid use 
                disorder, including their potential risks and benefits; 
                and
                    ``(IV) understands that receiving regular 
                counseling services is critical to recovery.
            ``(v) The practitioner will comply with the reporting 
        requirements of subparagraph (D)(i)(IV).'';
            (2) in subparagraph (D)--
                    (A) in clause (i), by adding at the end the 
                following:
            ``(IV) The practitioner reports to the Secretary, at such 
        times and in such manner as specified by the Secretary, such 
        information and assurances as the Secretary determines 
        necessary to assess whether the practitioner continues to meet 
        the requirements for a waiver under this paragraph.'';
                    (B) in clause (ii), by striking ``Upon receiving a 
                notification under subparagraph (B)'' and inserting 
                ``Upon receiving a determination from the Secretary 
                under clause (iii) finding that a practitioner meets 
                all requirements for a waiver under subparagraph (B)''; 
                and
                    (C) in clause (iii)--
                            (i) by inserting ``and shall forward such 
                        determination to the Attorney General'' before 
                        the period at the end of the first sentence; 
                        and
                            (ii) by striking ``physician'' and 
                        inserting ``practitioner'';
            (3) in subparagraph (G)--
                    (A) by amending clause (ii)(IV) to read as follows:
                    ``(IV) The physician has, with respect to the 
                treatment and management of opiate-dependent patients, 
                completed not less than 8 hours of training (through 
                classroom situations, seminars at professional society 
                meetings, electronic communications, or otherwise) that 
                is provided by the American Society of Addiction 
                Medicine, the American Academy of Addiction Psychiatry, 
                the American Medical Association, the American 
                Osteopathic Association, the American Psychiatric 
                Association, or any other organization that the 
                Secretary determines is appropriate for purposes of 
                this subclause. Such training shall address--
                            ``(aa) opioid maintenance and 
                        detoxification;
                            ``(bb) appropriate clinical use of all 
                        drugs approved by the Food and Drug 
                        Administration for the treatment of opioid use 
                        disorder;
                            ``(cc) initial and periodic patient 
                        assessments (including substance use 
                        monitoring);
                            ``(dd) individualized treatment planning; 
                        overdose reversal; relapse prevention;
                            ``(ee) counseling and recovery support 
                        services;
                            ``(ff) staffing roles and considerations;
                            ``(gg) diversion control; and
                            ``(hh) other best practices, as identified 
                        by the Secretary.''; and
                    (B) by adding at the end the following:
            ``(iii) The term `qualifying practitioner' means--
                    ``(I) a qualifying physician, as defined in clause 
                (ii); or
                    ``(II) during the period beginning on the date of 
                the enactment of the Opioid Use Disorder Treatment 
                Expansion and Modernization Act and ending on the date 
                that is 3 years after such date of enactment, a 
                qualifying other practitioner, as defined in clause 
                (iv).
            ``(iv) The term `qualifying other practitioner' means a 
        nurse practitioner or physician assistant who satisfies each of 
        the following:
                    ``(I) The nurse practitioner or physician assistant 
                is licensed under State law to prescribe schedule III, 
                IV, or V medications for the treatment of pain.
                    ``(II) The nurse practitioner or physician 
                assistant satisfies one or more of the following:
                            ``(aa) Has completed not fewer than 24 
                        hours of initial training addressing each of 
                        the topics listed in clause (ii)(IV) (through 
                        classroom situations, seminars at professional 
                        society meetings, electronic communications, or 
                        otherwise) provided by the American Society of 
                        Addiction Medicine, the American Academy of 
                        Addiction Psychiatry, the American Medical 
                        Association, the American Osteopathic 
                        Association, the American Nurses Credentialing 
                        Center, the American Psychiatric Association, 
                        the American Association of Nurse 
                        Practitioners, the American Academy of 
                        Physician Assistants, or any other organization 
                        that the Secretary determines is appropriate 
                        for purposes of this subclause.
                            ``(bb) Has such other training or 
                        experience as the Secretary determines will 
                        demonstrate the ability of the nurse 
                        practitioner or physician assistant to treat 
                        and manage opiate-dependent patients.
                    ``(III) The nurse practitioner or physician 
                assistant is supervised by or works in collaboration 
                with a qualifying physician, if the nurse practitioner 
                or physician assistant is required by State law to 
                prescribe medications for the treatment of opioid use 
                disorder in collaboration with or under the supervision 
                of a physician.
        The Secretary may review and update the requirements for being 
        a qualifying other practitioner under this clause.''; and
            (4) in subparagraph (H)--
                    (A) in clause (i), by inserting after subclause 
                (II) the following:
            ``(III) Such other elements of the requirements under this 
        paragraph as the Secretary determines necessary for purposes of 
        implementing such requirements.''; and
                    (B) by amending clause (ii) to read as follows:
    ``(ii) Not later than 1 year after the date of enactment of the 
Opioid Use Disorder Treatment Expansion and Modernization Act, the 
Secretary shall update the treatment improvement protocol containing 
best practice guidelines for the treatment of opioid-dependent patients 
in office-based settings. The Secretary shall update such protocol in 
consultation with experts in opioid use disorder research and 
treatment.''.
    (b) Recommendation of Revocation or Suspension of Registration in 
Case of Substantial Noncompliance.--The Secretary of Health and Human 
Services may recommend to the Attorney General that the registration of 
a practitioner be revoked or suspended if the Secretary determines, 
according to such criteria as the Secretary establishes by regulation, 
that a practitioner who is registered under section 303(g)(2) of the 
Controlled Substances Act (21 U.S.C. 823(g)(2)) is not in substantial 
compliance with the requirements of such section, as amended by this 
Act.
    (c) Opioid Defined.--Section 102(18) of the Controlled Substances 
Act (21 U.S.C. 802(18)) is amended by inserting ``or `opioid''' after 
``The term `opiate'''.
    (d) Reports to Congress.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act and not less than over every 5 years 
        thereafter, the Secretary of Health and Human Services, in 
        consultation with the Drug Enforcement Administration and 
        experts in opioid use disorder research and treatment, shall--
                    (A) perform a thorough review of the provision of 
                opioid use disorder treatment services in the United 
                States, including services provided in opioid treatment 
                programs and other specialty and nonspecialty settings; 
                and
                    (B) submit a report to the Congress on the findings 
                and conclusions of such review.
            (2) Contents.--Each report under paragraph (1) shall 
        include an assessment of--
                    (A) compliance with the requirements of section 
                303(g)(2) of the Controlled Substances Act (21 U.S.C. 
                823(g)(2)), as amended by this Act;
                    (B) the measures taken by the Secretary of Health 
                and Human Services to ensure such compliance;
                    (C) whether there is further need to increase or 
                decrease the number of patients a waivered practitioner 
                is permitted to treat, as provided for by the amendment 
                made by subsection (a)(1);
                    (D) the extent to which, and proportions with 
                which, the full range of Food and Drug Administration-
                approved treatments for opioid use disorder are used in 
                routine health care settings and specialty substance 
                use disorder treatment settings;
                    (E) access to, and use of, counseling and recovery 
                support services, including the percentage of patients 
                receiving such services;
                    (F) changes in State or local policies and 
                legislation relating to opioid use disorder treatment;
                    (G) the use of prescription drug monitoring 
                programs by practitioners who are permitted to dispense 
                narcotic drugs to individuals pursuant to a waiver 
                under section 303(g)(2) of the Controlled Substances 
                Act (21 U.S.C. 823(g)(2));
                    (H) the findings resulting from inspections by the 
                Drug Enforcement Administration of practitioners 
                described in subparagraph (G); and
                    (I) the effectiveness of cross-agency collaboration 
                between Department of Health and Human Services and the 
                Drug Enforcement Administration for expanding effective 
                opioid use disorder treatment.

SEC. 4. SENSE OF CONGRESS.

    It is the Sense of Congress that, with respect to the total number 
of patients that a qualifying physician (as defined in subparagraph 
(G)(iii) of section 303(g)(2) of the Controlled Substances Act (21 
U.S.C. 823(g)(2)) can treat at any one time pursuant to such section, 
the Secretary of Health and Human Services should consider raising such 
total number to 250 patients following a third notification to the 
Secretary of the need and intent of the physician to treat up to 250 
patients that is submitted to the Secretary not sooner than 1 year 
after the date on which the physician submitted to the Secretary a 
second notification to treat up to 100 patients.

SEC. 5. PARTIAL FILLS OF SCHEDULE II CONTROLLED SUBSTANCES.

    (a) In General.--Section 309 of the Controlled Substances Act (21 
U.S.C. 829) is amended by adding at the end the following:
    ``(f) Partial Fills of Schedule II Controlled Substances.--
            ``(1) Partial fills.--
                    ``(A) In general.--A prescription for a controlled 
                substance in schedule II may be partially filled if--
                            ``(i) it is not prohibited by State law;
                            ``(ii) the prescription is written and 
                        filled in accordance with the Controlled 
                        Substances Act (21 U.S.C. 801 et seq.), 
                        regulations prescribed by the Attorney General, 
                        and State law;
                            ``(iii) the partial fill is requested by 
                        the patient or the practitioner that wrote the 
                        prescription; and
                            ``(iv) the total quantity dispensed in all 
                        partial fillings does not exceed the total 
                        quantity prescribed.
                    ``(B) Other circumstances.--A prescription for a 
                controlled substance in schedule II may be partially 
                filled in accordance with section 1306.13 of title 21, 
                Code of Federal Regulations (as in effect on the date 
                of enactment of the Reducing Unused Medications Act of 
                2016).
            ``(2) Remaining portions.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), remaining portions of a partially 
                filled prescription for a controlled substance in 
                schedule II--
                            ``(i) may be filled; and
                            ``(ii) shall be filled not later than 30 
                        days after the date on which the prescription 
                        is written.
                    ``(B) Emergency situations.--In emergency 
                situations, as described in subsection (a), the 
                remaining portions of a partially filled prescription 
                for a controlled substance in schedule II--
                            ``(i) may be filled; and
                            ``(ii) shall be filled not later than 72 
                        hours after the prescription is issued.''.
    (b) Rule of Construction.--Nothing in this section shall be 
construed to affect the authority of the Attorney General to allow a 
prescription for a controlled substance in schedule III, IV, or V of 
section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)) to 
be partially filled.

            Passed the House of Representatives May 11, 2016.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.
[A]: Opioid Use Disorder Treatment Expansion and Modernization Act (Sec. 3) This bill amends the Controlled Substances Act to revise the requirements for a practitioner to administer, dispense, or prescribe narcotic drugs for maintenance or detoxification treatment in an office-based opioid treatment program. Currently, a practitioner must notify the Department of Health and Human Services (HHS) and certify that he or she is a qualifying physician (i.e., a state-licensed physician with certain expertise), has the capacity to refer patients for appropriate counseling and ancillary services, and will comply with a patient limit. The patient limit is how many patients the practitioner can treat under the office-based treatment program at one time. This legislation expands qualifying practitioners to include nurse practitioners and physician assistants who are licensed in a state, have expertise (such as relevant training or expertise), and prescribe medications for opioid use disorder in collaboration with or under the supervision of a qualifying physician if state law requires physician oversight of prescribing authority. Additionally, it requires a qualifying practitioner to also certify that he or she will comply with reporting requirements and has the capacity to provide directly or by referral, or in another manner prescribed by HHS, all drugs approved by the Food and Drug Administration to treat opioid use disorder. HHS may issue regulations to change the maximum patient limit for a qualifying practitioner. If HHS increases the limit, then a qualifying practitioner must additionally certify that he or she will obtain written consent from each patient regarding available treatment options. HHS must update the treatment improvement protocol containing best practice guidelines for the treatment of opioid-dependent patients in office-based settings. HHS may recommend revoking or suspending the registration of a practitioner who fails to comply with the requirements of this Act. (Sec. 4) The bill expresses the sense of Congress that HHS should consider raising from 100 to 250 the maximum patient limit for a qualifying physician. (Sec. 5) It amends the Controlled Substances Act to allow a pharmacist to partially fill a prescription for a schedule II controlled substance (such as a prescription opioid painkiller) if: (1) it is not prohibited by state law, (2) it is prescribed in accordance with existing laws and regulations, (3) it is requested by the patient or prescribing practitioner, and (4) the total quantity dispensed in partial fillings does not exceed the total quantity prescribed. Additionally, a pharmacist may partially fill a prescription for a schedule II controlled substance in other circumstances in accordance with existing Drug Enforcement Administration (DEA) regulations. (Current DEA regulations permit partial fills when a pharmacist cannot supply a full quantity, a patient resides in a long-term care facility, or a patient is terminally ill.) The remaining of a partially filled prescription may be filled within 30 days or, in the case of an emergency situation, within 72 hours.


[Q]: 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.''.
[A]: 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.


[Q]: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Upper Connecticut River Partnership 
Act''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress finds that--
            (1) the upper Connecticut River watershed in the States of 
        New Hampshire and Vermont is a scenic region of historic 
        villages located in a working landscape of farms, forests, and 
        the mountainous headwaters and broad fertile floodplains of New 
        England's longest river, the Connecticut River;
            (2) the River provides outstanding fish and wildlife 
        habitat, recreation, and hydropower generation for the New 
        England region;
            (3) the upper Connecticut River watershed has been 
        recognized by Congress as part of the Silvio 0. Conte National 
        Fish and Wildlife Refuge, established by the Silvio O. Conte 
        National Fish and Wildlife Refuge Act (16 U.S.C. 668dd note; 
        Public Law 102-212);
            (4) the demonstrated interest in stewardship of the River 
        by the citizens living in the watershed led to the Presidential 
        designation of the River as 1 of 14 American Heritage Rivers on 
        July 30, 1998;
            (5) the River is home to the bistate Connecticut River 
        Scenic Byway, which will foster heritage tourism in the region;
            (6) each of the legislatures of the States of Vermont and 
        New Hampshire has established a commission for the Connecticut 
        River watershed, and the 2 commissions, known collectively as 
        the ``Connecticut River Joint Commissions''--
                    (A) have worked together since 1989; and
                    (B) serve as the focal point for cooperation 
                between Federal agencies, States, communities, and 
                citizens;
            (7) in 1997, as directed by the legislatures, the 
        Connecticut River Joint Commissions, with the substantial 
        involvement of 5 bistate local river subcommittees appointed to 
        represent riverfront towns, produced the 6-volume Connecticut 
        River Corridor Management Plan, to be used as a blueprint in 
        educating agencies, communities, and the public in how to be 
        good neighbors to a great river;
            (8) this year, by Joint Legislative Resolution, the 
        legislatures have requested that Congress provide for 
        continuation of cooperative partnerships and support for the 
        Connecticut River Joint Commissions from the New England 
        Federal Partners for Natural Resources, a consortium of Federal 
        agencies, in carrying out recommendations of the Connecticut 
        River Corridor Management Plan;
            (9) this Act effectuates certain recommendations of the 
        Connecticut River Corridor Management Plan that are most 
        appropriately directed by the States through the Connecticut 
        River Joint Commissions, with assistance from the National Park 
        Service and United States Fish and Wildlife Service; and
            (10) where implementation of those recommendations involves 
        partnership with local communities and organizations, support 
        for the partnership should be provided by the Secretary.
    (b) Purpose.--The purpose of this Act is to authorize the Secretary 
to provide to the States of New Hampshire and Vermont (including 
communities in those States), through the Connecticut River Joint 
Commissions, technical and financial assistance for management of the 
River.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) River.--The term ``River'' means the Connecticut River.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (3) State.--The term ``State'' means--
                    (A) the State of New Hampshire; or
                    (B) the State of Vermont.

SEC. 4. ASSISTANCE FOR STATES.

    The Secretary of the Interior may provide to the States, through 
the Connecticut River Joint Commissions, technical and financial 
assistance in managing the River, including assistance in--
            (1) developing a joint policy for water quality, flow 
        management, and recreational boating for the portion of the 
        River that is common to the States;
            (2) developing protection plans for water quality in the 
        tributaries that flow into the River;
            (3) developing a coordinated, collaborative approach on the 
        part of the States for monitoring the quality of the River for 
        human use and ecological health;
            (4) restoring and protecting priority riverbanks to improve 
        water quality and aquatic and riparian habitat;
            (5) encouraging and assisting communities, farmers, and 
        other riverfront landowners in--
                    (A) establishing and protecting riparian buffers; 
                and
                    (B) preventing nonpoint source pollution;
            (6) encouraging and assisting communities in--
                    (A) protecting shoreland, wetland, and flood 
                plains; and
                    (B) managing and treating stormwater runoff;
            (7) in cooperation with dam owners--
                    (A) evaluating the decommissioning of uneconomic 
                dams in the watershed; and
                    (B) restoring natural riverine habitat;
            (8) protecting and restoring the habitat of native trout, 
        anadromous fisheries, and other outstanding fish and wildlife 
        resources;
            (9) encouraging new and improved markets for local 
        agricultural products;
            (10) encouraging the protection of farm land and 
        economically sustainable agriculture;
            (11) developing and promoting locally planned, approved, 
        and managed networks of heritage trails and water trails in the 
        River valley;
            (12) coordinating and fostering opportunities for heritage 
        tourism and agritourism through the Connecticut River Scenic 
        Byway;
            (13) demonstrating economic development based on heritage 
        tourism;
            (14) supporting local stewardship;
            (15) strengthening nonregulatory protection of heritage 
        resources;
            (16) encouraging the vitality of historically compact 
        village and town centers;
            (17) establishing indicators of sustainability; and
            (18) monitoring the impact of increased tourism and 
        recreational use on natural and historic resources.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this Act.
[A]:
Upper Connecticut River Partnership Act - Authorizes the Secretary of the Interior, through the Connecticut River Joint Commissions, to provide technical and financial assistance in managing the River to the States of New Hampshire and Vermont.