[Congressional Record Volume 163, Number 127 (Thursday, July 27, 2017)]
[Senate]
[Pages S4426-S4431]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. REED (for himself, Mr. Casey, Mrs. Gillibrand, Ms. Hassan,
and Mr. Whitehouse):
S. 1651. A bill to provide for temporary financing of short-time
compensation programs; to the Committee on Finance.
Mr. REED. Mr. President, today I am joined by Senators Casey,
Gillibrand, Hassan, and Whitehouse to introduce the Layoff Prevention
Act of 2017. This bill renews and extends Federal support for State
short-time compensation--or work sharing--programs, which help avert
layoffs and the economic effects of long-term unemployment.
Work sharing is a proven concept that is endorsed by economists
across the political spectrum. When business slows down, employers feel
pressure to lay off employees. Under work sharing, employers may
instead opt to reduce hours across-the-board, and employees may then
collect a pro-rata unemployment compensation check for the hours they
lost. This prevents layoffs, lowers employers' rehiring and training
expenses, and costs States only a fraction of what they would pay if
workers went on full unemployment.
The Middle Class Tax Relief and Job Creation Act of 2012 included my
Layoff Prevention Act, which modernized
[[Page S4427]]
Federal work sharing laws. Partly as a result of this increased Federal
support for work sharing, State work sharing programs helped to save
over 130,000 jobs between 2012 and the expiration of Federal incentives
in 2015.
The legislation I am introducing today would renew incentives so that
States with existing work sharing programs, and those considering
enacting a program, can qualify for Federal support. Our economy has
come a long way in recent years, and we should invest in proven
programs like work sharing to ensure we do not experience again the
same scale of job loss that we endured during the Great Recession.
I urge my colleagues to join me in supporting passage of this bill to
keep American workers on the job, save taxpayers money, and provide
employers with a practical, positive, and cost-effective alternative to
layoffs.
______
By Mr. LEE (for himself, Mr. Leahy, Mr. Heller, Mrs. Shaheen, Mr.
Daines, Mr. Blumenthal, Mr. Gardner, and Mr. Franken):
S. 1654. A bill to amend title 18, United States Code, to update the
privacy protections for electronic communications information that is
stored by third-party service providers in order to protect consumer
privacy interests while meeting law enforcement needs, and for other
purposes; to the Committee on the Judiciary.
Mr. Leahy. Six years ago, Senator Lee and I first joined together to
reform our outdated digital privacy laws. We recognized that our
Nation's privacy rules failed to account for how we live our lives
today and provided little protection for Americans' electronic
information.
Most Americans are shocked to learn that a law dating back to the
Reagan administration governs when the government can read their emails
and texts, view their photos, obtain their location information, and
even inspect their Internet browsing history. Thirty-one years ago, I
led efforts to write the Electronic Communications Privacy Act (ECPA).
At the time, computers were an emerging technology and there was little
understanding of the Internet, let alone cloud computing. ECPA was
significant and forward-looking legislation in 1986, but it was not
intended to get us through 30 years of technological innovations.
Modern technology and digital communications have transformed our
society. It is past time for Congress to catch up.
ECPA no longer makes any sense in our digital world. When Senator Lee
and I first set out to modernize the statute, we focused on one
critical reform: enacting a clear, uniform rule that the government
must obtain a warrant supported by probable cause whenever it seeks the
content of our emails, texts, photos, and other electronic documents
stored in the cloud. This is what the Constitution requires; and this
is what Vermonters, Utahns, and Americans across the Country expect.
But even in the six years since we first introduced legislation to
reform ECPA, it has become increasingly clear that broader reforms are
necessary to ensure that the statute adequately addresses the privacy
and technological challenges of the modern world. When the U.S. Court
of Appeals for the Sixth Circuit held in 2010 that email was fully
protected by the Fourth Amendment, the court cautioned that ``the
Fourth Amendment must keep pace with the inexorable march of
technological progress, or its guarantees will wither and perish.'' The
bill we introduce today would ensure our laws keep pace.
The ECPA Modernization Act of 2017 introduces a broad set of reforms
to our digital privacy statutes. Like legislation we introduced in
previous Congresses, this bill would create a foundational requirement
that the government obtain a warrant when it seeks the content of our
electronic communications from third-party service providers. The bill
also goes further by addressing the unique privacy concerns associated
with Americans' location information. Following the example set by
States like Vermont, Utah, and California, our bill would require that
the government obtain a warrant when it seeks stored or real-time
location information from third-party service providers, or uses IMSI-
catchers or stingrays to get location data from individuals' own cell
phones.
The ECPA Modernization Act additionally would require law enforcement
to notify individuals when their communications or location information
is obtained from third-party service providers. The bill would also add
new privacy protections related to government requests for customer
records and metadata; a suppression remedy for illegally obtained
electronic data; and reform the pen register and trap and trace device
statutes to bring them in line with other laws.
Senator Lee and I are proud to introduce this bill with the support
of a broad range of stakeholders, including the Center for Democracy &
Technology, the ACLU, the Constitution Project, New America's Open
Technology Institute, the Electronic Frontier Foundation, the American
Library Association, the R Street Institute, TechFreedom, FreedomWorks,
Google, Engine, BSA/The Software Alliance, and many others.
Today Senator Lee and I are also introducing the Email Privacy Act,
companion legislation to the bill introduced in the House of
Representatives by Congressmen Yoder and Polis. The Email Privacy Act
passed the House by voice vote earlier this year, and received an
overwhelming 419 to 0 vote last congress. I commend Representatives
Yoder and Polis for their efforts, and also commend House Judiciary
Committee Chairman Goodlatte and Ranking Member Conyers for reaching a
historic compromise that led to unanimous support for this bill in the
House.
When the House passed the Email Privacy Act last year, I was hopeful
that the Senate would follow suit to protect Americans' digital privacy
and swiftly pass the bill so that it would be enacted into law. I was
disappointed when instead of working in a bipartisan fashion, certain
Republicans on the Senate Judiciary Committee threatened to use it as a
vehicle to push poison pill amendments on controversial National
security matters, effectively killing the bill for their own political
purposes.
The Email Privacy Act is a good bill that is unanimously supported by
the House of Representatives. That legislation does not include all the
reforms that I believe are necessary to bring our digital privacy laws
into the modern age, but it takes a significant step toward ensuring
that ECPA complies with the Fourth Amendment by requiring a warrant
whenever the government seeks the contents of Americans' emails and
electronic communication. I have worked for years to see this critical
reform implemented into law, and I will take every opportunity to see
that it reaches the President's desk.
But make no mistake: I believe our work must not stop there.
Americans deserve Fourth Amendment protections for their location
information, notice when law enforcement obtains their content or
location data, and strong protections governing the acquisition of
metadata and records. I will keep fighting for the protections we have
now set forth in the ECPA Modernization Act. I will keep pushing the
Senate to advance legislation that keeps pace with Americans'
expectations of privacy. The American people expect these protections,
and they deserve them.
______
By Mr. DURBIN (for himself and Ms. Duckworth):
S. 1658. A bill to amend the Carl D. Perkins Career and Technical
Education Act of 2006 to give the Department of Education the authority
to award competitive grants to eligible entities to establish, expand,
or support school-based mentoring programs to assist at-risk students
in middle school and high school in developing cognitive and social-
emotional skills to prepare them for success in high school,
postsecondary education, and the workforce; to the Committee on Health,
Education, Labor, and Pensions.
Mr. DURBIN, Mr. President, today I introduce the Mentoring to Succeed
Act, a bill that would break down the walls of access and meet at-risk
youth where they are, in school, to give them the support and guidance
they need to be successful.
Barriers such as childhood poverty, inadequate schools, chronic
absenteeism, adverse childhood experiences,
[[Page S4428]]
community violence, exclusionary discipline policies, and juvenile
justice involvement can lead to poor academic achievement and life
outcomes. Students who grow up facing these challenges without a strong
support system often struggle to transition to high school, college,
and the workforce. School-based mentoring programs are an effective
strategy to help at-risk students thrive in school, careers, and life.
According to a 2014 study, there are an estimated 16 million young
people, including 9 million at-risk youth, who will reach the age of 19
without ever having a mentor. As a result, these youth will miss out on
the powerful effects of mentoring that are linked to significant
outcomes. Youth who have mentors are 52 percent less likely to skip a
day of school; 55 percent more likely to be enrolled in college; 81
percent more likely to participate regularly in sports or
extracurricular activities; 78 percent more likely to volunteer
regularly in their communities; and 130 percent more likely to hold
leadership positions.
Researchers at the University of Chicago found that Youth Guidance's
school-based mentoring program, Becoming a Man, reduced arrests for
violent crime, improved school engagement, and increased high school
graduation rates.
Mentoring programs can help youth develop the skills employers are
seeking. A 2016 study found that 8 in 10 employers say social and
emotional skills are the most important to success, and are the most
difficult skills to find in job applicants.
In Illinois, an estimated 55,000 youth are formally matched with a
mentor, with 68 percent residing in Metro Chicago. Last year, it cost
the State of Illinois an average of $172,000 to incarcerate one youth,
compared to an average of $6,000 for one youth in an intensive youth
development program, and only $2,300 per youth in a formal mentoring
program. In 2012, the University of Chicago Crime Lab found that
benefits to society compared to mentoring program costs in Illinois
measured as high as $31 for every $1 dollar invested.
Lakeisha Steele, a member of my staff that has been working on this
issue, is a testament to the powerful effect mentorship can have. She
lost her oldest brother, Lewis Williams III, to gun violence on July
10, 1996. He was 24 years old and studying to become a welder while
preparing for the birth of his only son, his namesake, who would be
born a month after his death. The loss of her brother's life rocked
Lakeisha's family to its core. There were limited resources in her
community (she is from Kankakee, Illinois) and her family could not
afford to see a grief counselor. She went through her freshman year
grieving the loss of her brother and it impacted her school work. A
once A-student brought home Cs and Ds. She credits her high school
guidance counselor, Paul Meyer of Kankakee High School, for helping her
cope with the trauma of losing her brother and keeping her focused on
her education and future. She says she wouldn't be here today without
his mentorship.
The Mentoring to Succeed Act would help break down the barriers that
make it difficult for far too many of our children and youth to
succeed, especially our students of color. This bill would provide
high-need school districts, schools, and local governments with the
funding they need to create, expand, and support school-based mentoring
programs to improve the academic, social, and workforce skills of at-
risk students. It would support partnerships with non-profit,
community-based, and faith-based organizations to serve more at-risk
students. In addition, it would support youth job training by
partnering with local businesses and private companies to provide at-
risk students with internships and career exploration activities.
Further, this bill would provide funding to train mentors on trauma and
toxic stress to increase student resilience and promote social and
emotional development.
Last year, the City of Chicago announced a bold and innovative
mentoring initiative to help Chicago's most at-risk youth. By the year
2018, the City's goal is to reach 7,200 8th, 9th, and 10th grade boys
in 22 of Chicago's highest poverty and highest violence neighborhoods.
This bill would support the City of Chicago and other local
governments, schools, and school districts who have undertaken efforts
to help at-risk youth by creating or expanding school-based mentoring
programs. I would like to thank my colleague, Senator Tammy Duckworth
from Illinois for joining me in this effort. I hope my other colleagues
will join me to strengthen investments in school-based mentoring
programs to help at-risk youth develop the academic, social, and
workforce skills that lead to success.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 1658
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mentoring to Succeed Act of
2017''.
SEC. 2. PURPOSE.
The purpose of this Act is to make assistance available for
school-based mentoring programs for at-risk students in order
to--
(1) establish, expand, or support school-based mentoring
programs;
(2) assist at-risk students in middle school and high
school in developing cognitive and social-emotional skills;
and
(3) prepare such at-risk students for success in high
school, postsecondary education, and the workforce.
SEC. 3. SCHOOL-BASED MENTORING PROGRAM.
Part C of title I of the Carl D. Perkins Career and
Technical Education Act of 2006 (20 U.S.C. 2351 et seq.) is
amended by adding at the end the following:
``SEC. 136. DISTRIBUTION OF FUNDS FOR SCHOOL-BASED MENTORING
PROGRAMS.
``(a) Definitions.--In this Act:
``(1) At-risk student.--The term `at-risk student' means a
student who--
``(A) is failing academically or at risk of dropping out of
school;
``(B) is pregnant or a parent;
``(C) is a gang member;
``(D) is a child or youth in foster care or a youth who has
been emancipated from foster care but is still enrolled in
high school;
``(E) is or has recently been a homeless child or youth;
``(F) is chronically absent;
``(G) has changed schools 3 or more times in the past 6
months;
``(H) has come in contact with the juvenile justice system
in the past;
``(I) has a history of multiple suspensions or disciplinary
actions;
``(J) is an English learner;
``(K) has 1 or both parents incarcerated;
``(L) has experienced 1 or more adverse childhood
experiences, traumatic events, or toxic stressors, as
assessed through an evidence-based screening; or
``(M) lives in a high-poverty area with a high rate of
community violence.
``(2) Eligible entity.--The term `eligible entity'--
``(A) means a high-need local educational agency, high-need
school, or local government entity; and
``(B) may include a partnership between an entity described
in subparagraph (A) and a nonprofit, community-based, or
faith-based organization, or institution of higher education
(as defined in section 101 of the Higher Education Act of
1965 (20 U.S.C. 1001)).
``(3) English learner.--The term `English learner' has the
meaning given the term in section 8101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 7801).
``(4) Foster care.--The term `foster care' has the meaning
given the term in section 1355.20 of title 45, Code of
Federal Regulations.
``(5) High-need local educational agency.--The term `high-
need local educational agency' means a local educational
agency that serves at least 1 high-need school.
``(6) High-need school.--The term `high-need school' has
the meaning given the term in section 2211 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C. 6631).
``(7) Homeless children and youths.--The term `homeless
children and youths' has the meaning given the term in
section 725 of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11434a).
``(8) School-based mentoring.--The term `school-based
mentoring' means a structured, managed, evidenced-based
program conducted in partnership with teachers,
administrators, school psychologists, school social workers
or counselors, and other school staff, in which at-risk
students are appropriately matched with screened and trained
professional or volunteer mentors who provide guidance,
support, and encouragement, involving meetings, group-based
sessions, and educational and workforce-related activities on
a regular basis to prepare at-risk students for success in
high school, postsecondary education, and the workforce.
``(b) School-Based Mentoring Competitive Grant Program.--
``(1) In general.--The Secretary shall award grants on a
competitive basis to eligible entities to establish, expand,
or support school-based mentoring programs that--
[[Page S4429]]
``(A) are designed to assist at-risk students in high-need
schools in developing cognitive skills and promoting social-
emotional learning to prepare them for success in high
school, postsecondary education, and the workforce by linking
them with mentors who--
``(i) have received mentor training, including on trauma-
informed practices and youth engagement; and
``(ii) have been screened using appropriate reference
checks and criminal background checks;
``(B) provide coaching and technical assistance to mentors
in such mentoring program;
``(C) provide at-risk students with a positive relationship
with a skilled adult offering support and guidance;
``(D) improve the academic achievement of at-risk students;
``(E) foster positive relationships between at-risk
students and their peers, teachers, other adults, and family
members;
``(F) reduce dropout rates and absenteeism and improve
school engagement of at-risk students and their families;
``(G) reduce juvenile justice involvement of at-risk
students;
``(H) develop the cognitive and social-emotional skills of
at-risk students;
``(I) develop the workforce readiness skills of at-risk
students;
``(J) encourage at-risk students to participate in
community service activities; and
``(K) encourage at-risk students to set goals and plan for
their futures, including encouraging such students to make
plans for postsecondary education and the workforce.
``(2) Duration.--The Secretary shall award grants under
this section for a period not to exceed 5 years.
``(3) Application.--To receive a grant under this section,
an eligible entity shall submit to the Secretary an
application that includes--
``(A) a needs assessment that includes baseline data on the
measures described in paragraph (6)(A)(ii); and
``(B) a plan to meet the requirements of paragraph (1).
``(4) Priority.--In selecting grant recipients, the
Secretary shall give priority to applicants that--
``(A) serve children and youth with the greatest need
living in high-poverty, high-crime areas, rural areas, or who
attend schools with high rates of community violence;
``(B) provide at-risk students with opportunities for job
training, professional development, work shadowing,
internships, networking, resume writing and review, interview
preparation, college application assistance, college visits,
and leadership development through community service,
including through partnerships with the private sector and
local businesses to provide internship and career exploration
activities and resources; and
``(C) seek to provide match lengths between at-risk
students and mentors of not less than 8 months.
``(5) Use of funds.--An eligible entity that receives a
grant under this section may use such funds to--
``(A) develop and carry out regular training for mentors,
including on--
``(i) the impact of adverse childhood experiences;
``(ii) trauma-informed practices and interventions;
``(iii) supporting homeless children and youths;
``(iv) supporting children and youth in foster care or
youth who have been emancipated from foster care but are
still enrolled in high school;
``(v) cultural competency;
``(vi) confidentiality requirements for working with
children and youth in foster care; and
``(vii) working in coordination with a public school
system;
``(B) recruit, screen, match, and train mentors;
``(C) hire staff to perform or support the objectives of
the school-based mentoring program;
``(D) provide youth engagement activities, such as--
``(i) enrichment field trips to cultural destinations; and
``(ii) career or academic exploration activities; and
``(E) conduct program evaluation, including by acquiring
and analyzing the data described under paragraph (6).
``(6) Reporting requirements.--
``(A) In general.--Not later than 6 months after the end of
each academic year during the grant period, an eligible
entity receiving a grant under this section shall submit to
the Secretary a report that includes--
``(i) the number of students who participated in the
school-based mentoring program that was funded in whole or in
part with the grant funds;
``(ii) data on the academic achievement, dropout rates,
truancy, absenteeism, outcomes of arrests for violent crime,
summer employment, and college enrollment of students in the
program;
``(iii) the number of group sessions and number of one-to-
one contacts between students in the program and their
mentors;
``(iv) the average attendance of students enrolled in the
program;
``(v) data on social emotional development of students as
assessed with a validated social emotional assessment tool;
and
``(vi) any other information that the Secretary may require
to evaluate the success of the school-based mentoring
program.
``(B) Student privacy.--An eligible entity shall ensure
that the report submitted under subparagraph (A) is prepared
in a manner that protects the privacy rights of each student
in accordance with section 444 of the General Education
Provisions Act (commonly referred to as the `Family
Educational Rights and Privacy Act of 1974') (20 U.S.C.
1232g).
``(7) Mentoring resources and community service
coordination.--
``(A) Best practices.--The Secretary shall work with the
Office of Juvenile Justice and Delinquency Prevention to--
``(i) refer grantees under this section to the National
Mentoring Resource Center to obtain resources on best
practices and research related to mentoring and to request
no-cost training and technical assistance; and
``(ii) provide grantees under this section with information
to promote positive youth development, including transitional
services for at-risk students returning from correctional
facilities.
``(B) Technical assistance.--The Secretary shall coordinate
with the Corporation for National and Community Service,
including through entering into an interagency agreement or a
memorandum of understanding, to provide technical assistance
and other resources to support grantees under this section as
they provide mentoring and community service-related
activities for at-risk students.
``(c) Authorization of Funds.--There are authorized to be
appropriated to carry out this section such sums as may be
necessary for each of fiscal years 2018 through 2023.''.
SEC. 4. INSTITUTE OF EDUCATION SCIENCES STUDY ON SCHOOL-BASED
MENTORING PROGRAMS.
(a) In General.--The Secretary of Education, acting through
the Director of the Institute of Education Sciences, shall
conduct a study to--
(1) identify successful school-based mentoring programs and
effective strategies for administering and monitoring such
programs;
(2) evaluate the role of mentors in promoting cognitive
development and social-emotional learning to enhance academic
achievement and to improve workforce readiness; and
(3) evaluate the effectiveness of the grant program under
section 136 of the Carl D. Perkins Career and Technical
Education Act of 2006, as added by section 3, on student
academic outcomes and youth career development.
(b) Timing.--Not later than 3 years after the date of
enactment of this Act, the Secretary of Education, acting
through the Director of the Institute of Education Sciences,
shall submit the results of the study to the appropriate
Congressional committees.
______
By Mr. DURBIN (for himself, Mr. Merkley, Mr. Whitehouse, Mr.
Blumenthal, Mrs. Gillibrand, and Mr. Franken):
S. 1659. A bill to amend the Truth in Lending Act to establish a
national usury rate for consumer credit transactions; to the Committee
on Banking, Housing, and Urban Affairs.
Mr. DURBIN. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 1659
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Protecting Consumers from
Unreasonable Credit Rates Act of 2017''.
SEC. 2. FINDINGS.
Congress finds that--
(1) attempts have been made to prohibit usurious interest
rates in America since colonial times;
(2) at the Federal level, in 2006, Congress enacted a
Federal 36 percent annualized usury cap for servicemembers
and their families for covered credit products, as defined by
the Department of Defense, which curbed payday, car title,
and tax refund lending around military bases;
(3) notwithstanding such attempts to curb predatory
lending, high-cost lending persists in all 50 States due to
loopholes in State laws, safe harbor laws for specific forms
of credit, and the exportation of unregulated interest rates
permitted by preemption;
(4) due to the lack of a comprehensive Federal usury cap,
consumers annually pay approximately $14,000,000,000 on high-
cost overdraft loans, as much as approximately $7,000,000,000
on storefront and online payday loans, $3,800,000,000 on car
title loans, and additional amounts in unreported revenues on
high-cost online installment loans;
(5) cash-strapped consumers pay on average approximately
400 percent annual interest for payday loans, 300 percent
annual interest for car title loans, up to 17,000 percent or
higher for bank overdraft loans, and triple-digit rates for
online installment loans;
(6) a national maximum interest rate that includes all
forms of fees and closes all loopholes is necessary to
eliminate such predatory lending; and
(7) alternatives to predatory lending that encourage small
dollar loans with minimal
[[Page S4430]]
or no fees, installment payment schedules, and affordable
repayment periods should be encouraged.
SEC. 3. NATIONAL MAXIMUM INTEREST RATE.
Chapter 2 of the Truth in Lending Act (15 U.S.C. 1631 et
seq.) is amended by adding at the end the following:
``SEC. 140B. MAXIMUM RATES OF INTEREST.
``(a) In General.--Notwithstanding any other provision of
law, no creditor may make an extension of credit to a
consumer with respect to which the fee and interest rate, as
defined in subsection (b), exceeds 36 percent.
``(b) Fee and Interest Rate Defined.--
``(1) In general.--For purposes of this section, the fee
and interest rate includes all charges payable, directly or
indirectly, incident to, ancillary to, or as a condition of
the extension of credit, including--
``(A) any payment compensating a creditor or prospective
creditor for--
``(i) an extension of credit or making available a line of
credit, such as fees connected with credit extension or
availability such as numerical periodic rates, annual fees,
cash advance fees, and membership fees; or
``(ii) any fees for default or breach by a borrower of a
condition upon which credit was extended, such as late fees,
creditor-imposed not sufficient funds fees charged when a
borrower tenders payment on a debt with a check drawn on
insufficient funds, overdraft fees, and over limit fees;
``(B) all fees which constitute a finance charge, as
defined by rules of the Bureau in accordance with this title;
``(C) credit insurance premiums, whether optional or
required; and
``(D) all charges and costs for ancillary products sold in
connection with or incidental to the credit transaction.
``(2) Tolerances.--
``(A) In general.--With respect to a credit obligation that
is payable in at least 3 fully amortizing installments over
at least 90 days, the term `fee and interest rate' does not
include--
``(i) application or participation fees that in total do
not exceed the greater of $30 or, if there is a limit to the
credit line, 5 percent of the credit limit, up to $120, if--
``(I) such fees are excludable from the finance charge
pursuant to section 106 and regulations issued thereunder;
``(II) such fees cover all credit extended or renewed by
the creditor for 12 months; and
``(III) the minimum amount of credit extended or available
on a credit line is equal to $300 or more;
``(ii) a late fee charged as authorized by State law and by
the agreement that does not exceed either $20 per late
payment or $20 per month; or
``(iii) a creditor-imposed not sufficient funds fee charged
when a borrower tenders payment on a debt with a check drawn
on insufficient funds that does not exceed $15.
``(B) Adjustments for inflation.--The Bureau may adjust the
amounts of the tolerances established under this paragraph
for inflation over time, consistent with the primary goals of
protecting consumers and ensuring that the 36 percent fee and
interest rate limitation is not circumvented.
``(c) Calculations.--
``(1) Open end credit plans.--For an open end credit plan--
``(A) the fee and interest rate shall be calculated each
month, based upon the sum of all fees and finance charges
described in subsection (b) charged by the creditor during
the preceding 1-year period, divided by the average daily
balance; and
``(B) if the credit account has been open less than 1 year,
the fee and interest rate shall be calculated based upon the
total of all fees and finance charges described in subsection
(b)(1) charged by the creditor since the plan was opened,
divided by the average daily balance, and multiplied by the
quotient of 12 divided by the number of full months that the
credit plan has been in existence.
``(2) Other credit plans.--For purposes of this section, in
calculating the fee and interest rate, the Bureau shall
require the method of calculation of annual percentage rate
specified in section 107(a)(1), except that the amount
referred to in that section 107(a)(1) as the `finance charge'
shall include all fees, charges, and payments described in
subsection (b)(1) of this section.
``(3) Adjustments authorized.--The Bureau may make
adjustments to the calculations in paragraphs (1) and (2),
but the primary goals of such adjustment shall be to protect
consumers and to ensure that the 36 percent fee and interest
rate limitation is not circumvented.
``(d) Definition of Creditor.--As used in this section, the
term `creditor' has the same meaning as in section 702(e) of
the Equal Credit Opportunity Act (15 U.S.C. 1691a(e)).
``(e) No Exemptions Permitted.--The exemption authority of
the Bureau under section 105 shall not apply to the rates
established under this section or the disclosure requirements
under section 127(b)(6).
``(f) Disclosure of Fee and Interest Rate for Credit Other
Than Open End Credit Plans.--In addition to the disclosure
requirements under section 127(b)(6), the Bureau may
prescribe regulations requiring disclosure of the fee and
interest rate established under this section.
``(g) Relation to State Law.--Nothing in this section may
be construed to preempt any provision of State law that
provides greater protection to consumers than is provided in
this section.
``(h) Civil Liability and Enforcement.--In addition to
remedies available to the consumer under section 130(a), any
payment compensating a creditor or prospective creditor, to
the extent that such payment is a transaction made in
violation of this section, shall be null and void, and not
enforceable by any party in any court or alternative dispute
resolution forum, and the creditor or any subsequent holder
of the obligation shall promptly return to the consumer any
principal, interest, charges, and fees, and any security
interest associated with such transaction. Notwithstanding
any statute of limitations or repose, a violation of this
section may be raised as a matter of defense by recoupment or
setoff to an action to collect such debt or repossess related
security at any time.
``(i) Violations.--Any person that violates this section,
or seeks to enforce an agreement made in violation of this
section, shall be subject to, for each such violation, 1 year
in prison and a fine in an amount equal to the greater of--
``(1) 3 times the amount of the total accrued debt
associated with the subject transaction; or
``(2) $50,000.
``(j) State Attorneys General.--An action to enforce this
section may be brought by the appropriate State attorney
general in any United States district court or any other
court of competent jurisdiction within 3 years from the date
of the violation, and such attorney general may obtain
injunctive relief.''.
SEC. 4. DISCLOSURE OF FEE AND INTEREST RATE FOR OPEN END
CREDIT PLANS.
Section 127(b)(6) of the Truth in Lending Act (15 U.S.C.
1637(b)(6)) is amended by striking ``the total finance charge
expressed'' and all that follows through the end of the
paragraph and inserting ``the fee and interest rate,
displayed as `FAIR', established under section 141.''.
______
By Mr. CORNYN (for himself and Mr. Kaine):
S. 1664. A bill to amend section 5307 of title 49, United States
Code, with respect to the treatment of communities as urbanized areas
following a major disaster; to the Committee on Banking, Housing, and
Urban Affairs.
Mr. CORNYN. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 1664
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Relief for Recovering
Communities Act''.
SEC. 2. DEFINITION OF URBANIZED AREAS FOLLOWING A MAJOR
DISASTER.
Section 5307 of title 49, United States Code, is amended by
adding at the end the following:
``(i) Urbanized Areas Following a Major Disaster.--
``(1) Defined term.--In this section, the term `major
disaster' has the meaning given such term in section 102(2)
of the Disaster Relief Act of 1974 (42 U.S.C. 5122(2)).
``(2) Urbanized area major disaster population criteria.--
Notwithstanding section 5302, the Secretary shall treat an
area as an `urbanized area' for purposes of this section
until the second decennial census conducted after a major
disaster in such area if--
``(A) the area was defined and designated as an `urbanized
area' by the Secretary of Commerce in the decennial census
immediately preceding such major disaster, effective with the
2000 decennial census; and
``(B) the population of the area fell below 50,000 as a
result of such major disaster.
``(3) Population calculation.--An area treated as an
`urbanized area' under this subsection shall be assigned the
population and square miles of the urban cluster designated
by the Secretary of Commerce in the most recent decennial
census.
``(4) Savings provision.--Nothing in this subsection may be
construed to affect apportionments made under this chapter
before the date of the enactment of this subsection.''.
______
By Mrs. FEINSTEIN (for herself and Ms. Duckworth):
S. 1667. A bill to amend the Public Health Service Act to provide
protections for consumers against excessive, unjustified, or unfairly
discriminatory increases in premium rates; to the Committee on Health,
Education, Labor, and Pensions.
Mrs. FEINSTEIN. Mr. President, I rise today to introduce the
Protecting Consumers from Unreasonable Rates Act. This critical health
care reform bill would address the soaring cost of insurance premiums.
Many factors contribute to increasing premiums, from the increased
prevalence of chronic disease to the consolidation of the insurance
market. But no matter the root cause of premium hikes, it is important
that rate increases are reviewed to ensure they are fair. When
consumers see insurance premiums increase by double digits, it can add
an additional burden on top of
[[Page S4431]]
mortgage payments, childcare, and student loans. If rates are
unreasonable, they should be blocked or modified.
The Protecting Consumers from Unreasonable Rates Act would allow the
Secretary of Health and Human Services to act on behalf of consumers to
protect them against egregious increases in health insurance rates in
States that do not take this action.
In California and several other States across the Nation, State
regulators lack the authority to block or modify extreme health
insurance rate increases. This legislation does not change any State's
ability to take this action. Rather, it simply allows the Secretary of
Health and Human Services to help fill in the gaps in the health care
regulatory space so consumers in all States would have adequate
protections against this type of price gouging.
The Affordable Care Act slowed the growth of premium increases and
improved the value of health insurance--including how much of premiums
insurers must spend on actual medical care and ensuring rate increases
are at least reviewed. These were good first steps, but more needs to
be done. Far too many Americans are facing rate increases and full
consumer protections must be in place to ensure that prices reflect
true cost and not simply profits. Providing all Americans with
affordable, quality healthcare is of the utmost importance and Congress
ought to be building on the successes of the Affordable Care Act while
making improvements where necessary.
This bill provides a straightforward, direct enforcement mechanism to
ensure that insurers may not impose unreasonably high costs on
consumers, by empowering the Secretary of Health and Human Services to
step in when State regulators do not, or are unable to.
I urge my colleagues to support this legislation to protect Americans
from unreasonable rate hikes and move toward real, commonsense health
care solutions.
______
By Mr. SCHUMER:
S. 1668. A bill to rename a waterway in the State of New York as the
``Joseph Sanford Jr. Channel''; to the Committee on Commerce, Science,
and Transportation.
Mr. SCHUMER. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 1668
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. JOSEPH SANFORD JR. CHANNEL.
(a) In General.--The waterway in the State of New York
designated as the ``Negro Bar Channel'' shall be known and
redesignated as the ``Joseph Sanford Jr. Channel''.
(b) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
waterway referred to in subsection (a) shall be deemed to be
a reference to the ``Joseph Sanford Jr. Channel''.
____________________