,,ii #aafth ,,congress #ast ,session ,s4 #achi ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #i1 #bjai,mr4 ,sanders 7for himself and ,mr4 ,whitehouse7 introduced the following bill2 which was read twice and referred to the ,committee on ,banking1 ,housing1 and ,urban ,affairs ,a ,,bill ,to protect consumers from usury4 #a4 ,short title ,this ,act may be cited as the ,loan ,shark ,prevention ,act4 #b4 ,interest rate reduction 7a7 ,national consumer credit usury rate ,section #ajg of the ,truth in ,lending ,act 7#ae ,u4,s4,c4 #afjf7 is amended by adding at the end the following new subsection3 7f7 ,national consumer credit usury rate 7#a7 ,limitation established 7,a7 ,in general ,notwithstanding subsection 7a7 or any other provision of law1 but except as provided in paragraph 7#b71 the annual percentage rate applicable to any extension of credit may not exceed the lesser of-- 7i7 #ae percent on unpaid balances1 inclusive of all finance charges2 or 7ii7 the maximum rate permitted by the laws of the ,state in which the consumer resides4 7,b7 ,other fees ,any fees that are not considered finance charges under section #ajf7;a7 may not be used to evade the limitations of this paragraph1 and the total sum of such fees may not exceed the total amount of finance charges assessed4 7#b7 ,exceptions 7,a7 ,board authority ,the ,board may establish1 after consultation with the appropriate committees of ,congress1 the ,secretary of the ,treasury1 and any other interested ,federal financial institution regulatory agency1 an annual percentage rate of interest ceiling exceeding the #ae-percent annual rate under paragraph 7#a7 for periods of not to exceed #ah months1 upon a determination that-- 7i7 money market interest rates have risen over the preceding #f-month period2 and 7ii7 prevailing interest rate levels threaten the safety and soundness of individual lenders1 as evidenced by adverse trends in liquidity1 capital1 earnings1 and growth4 7,b7 ,treatment of credit unions ,the limitation in paragraph 7#a7 does not apply with respect to any extension of credit by an insured credit union1 as that term is defined in section #aja of the ,federal ,credit ,union ,act 7#ab ,u4,s4,c4 #ageb74 7#c7 ,penalties for charging higher rates 7,a7 ,violation ,the taking1 receiving1 reserving1 or charging of an annual percentage rate or fee greater than that permitted by paragraph 7#a71 when knowingly done1 shall be deemed a violation of this title1 and a forfeiture of the entire interest which the note1 bill1 or other evidence of the obligation carries with it1 or which has been agreed to be paid thereon4 7,b7 ,refund of interest amounts ,if an annual percentage rate or fee greater than that permitted under paragraph 7#a7 has been paid1 the person by whom it has been paid1 or the legal representative thereof1 may1 by bringing an action not later than #b years after the date on which the usurious collection was last made1 recover back from the lender in an action in the nature of an action of debt1 the entire amount of interest1 finance charges1 or fees paid4 7#d7 ,civil liability ,any creditor who violates this subsection shall be subject to the provisions of section #acj4 7g7 ,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 section4 4 7b7 ,civil liability conforming amendment ,section #acj7;a7 of the ,truth in ,lending ,act 7#ae ,u4,s4,c4 #afdj7;a77 is amended by inserting section #ajg7;f71 before this chapter4