SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Communities Committed to College Tax
Credit Act of 2008''.

SEC. 2. CREDIT FOR CONTRIBUTIONS TO A TRUST USED TO PROVIDE NEED-BASED
              COLLEGE SCHOLARSHIPS.

    (a) In General.--Subpart B of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to other credits) is
amended by adding at the end the following new section:

``SEC. 30D. CONTRIBUTIONS TO TRUST USED TO PROVIDE NEED-BASED COLLEGE
              SCHOLARSHIPS.

    ``(a) Allowance of Credit.--In addition to any deduction allowable
under this title, there shall be allowed as a credit against the tax
imposed by this chapter for the taxable year an amount equal to 50
percent of designated qualified college scholarship funding
contributions made by the taxpayer during the taxable year.
    ``(b) Designated Qualified College Scholarship Funding
Contribution.--For purposes of this section--
            ``(1) In general.--The term `designated qualified college
        scholarship funding contribution' means any charitable
        contribution (as defined in section 170(c))--
                    ``(A) which is paid in cash by the taxpayer to a
                qualified scholarship funding trust, and
                    ``(B) which is designated by the trust for purposes
                of this section.
            ``(2) Qualified scholarship funding trust.--The term
        `qualified scholarship funding trust' means a trust--
                    ``(A) which is established and maintained in the
                United States by an organization--
                            ``(i) described in section 501(c)(3) and
                        exempt from tax under section 501(a), and
                            ``(ii) organized primarily for educational
                        purposes,
                    ``(B) which is part of a plan of one or more local
                education agencies (as defined in section 9101 of the
                Elementary and Secondary Education Act of 1965) of the
                State in which such trust is established and maintained
                to provide scholarships to children of such agencies,
                and
                    ``(C) the written governing instrument of which--
                            ``(i) requires that the income of the trust
                        be used exclusively to provide qualified
                        scholarships (as defined in section 117(b)) to
                        individuals who--
                                    ``(I) are candidates for a degree
                                at an institution of higher education
                                (within the meaning given such term by
                                section 101 of the Higher Education Act
                                of 1965 (20 U.S.C. 1001)), and
                                    ``(II) have demonstrated financial
                                need in accordance with section 471 of
                                such Act (20 U.S.C. 1087kk), and
                            ``(ii) requires that the assets of the
                        trust not be distributed for any purpose.
    ``(c) Limitations.--
            ``(1) In general.--There is a national qualified college
        scholarship funding contribution limitation of $1,000,000,000.
            ``(2) Allocation of limitation.--
                    ``(A) In general.--Such national limitation shall
                be allocated by the Secretary among the qualified
                scholarship funding trusts which have registered with
                the Secretary on or before the 180th day after the date
                of the enactment of this section. Each trust's share of
                such national limitation shall be the amount which
                bears the same ratio to such limitation as the number
                of school age children of such trust's sponsoring
                agencies bears to the aggregate number of school age
                children of the sponsoring agencies of all trusts which
                have so registered with the Secretary.
                    ``(B) School age children of sponsoring agencies.--
                For purposes of subparagraph (A), the number of school
                age children of a trust's sponsoring agencies is the
                number of children of the local education agencies
                referred to in subsection (b)(2)(B) who have attained
                age 5 but not age 18 for the most recent fiscal year
                ending before the date the allocations under this
                paragraph are made.
            ``(3) Designation subject to allocated limitation amount.--
        The amount of contributions made to a qualified scholarship
        funding trust which may be designated by such trust for
        purposes of this section shall not exceed the limitation amount
        allocated to such trust under paragraph (2).
            ``(4) Maximum allocation per trust.--The maximum qualified
        college scholarship funding contribution limitation which may
        be allocated to each trust is $200,000,000. An amount which may
        not be allocated to a trust by reason of the preceding sentence
        shall be allocated as provided in paragraph (2) among
        registered qualified scholarship funding trusts whose allocated
        limitation (without regard to this sentence) does not exceed
        $200,000,000.
    ``(d) Application With Other Credits.--The credit allowed under
subsection (a) for any taxable year shall not exceed the excess (if
any) of--
            ``(1) the regular tax liability (as defined in section
        26(b)) reduced by the sum of the credits allowable under
        subpart A and sections 27, 30, 30B, and 30C, over
            ``(2) the tentative minimum tax for the taxable year.
    ``(e) Application of Section.--This section shall apply only to
contributions made during the 3-year period beginning on the 180th day
after the date of the enactment of this section.''.
    (b) Clerical Amendment.--The table of sections for subpart B of
part IV of subchapter A of chapter 1 of such Code is amended by adding
at the end the following new item:

``Sec. 30D. Contributions to trust used to provide need-based college
                            scholarships.''.
    (c) Effective Date.--The amendments made by this section shall
apply to contributions made on or after the 180th day after the date of
the enactment of this Act in taxable years ending after such date.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Concussion Awareness and Education
Act of 2015''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents of this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Findings; purposes.
Sec. 4. Surveillance of sports-related concussions.
Sec. 5. Research.
Sec. 6. Dissemination of information.
Sec. 7. Concussion Research Commission.

SEC. 3. FINDINGS; PURPOSES.

    (a) Findings.--The Congress finds as follows:
            (1) There is currently no comprehensive system for
        acquiring accurate data on the incidence of sports- and
        recreation-related concussions across youth age groups and
        sports.
            (2) Overall, according to a report entitled ``Sports-
        Related Concussions in Youth: Improving the Science, Changing
        the Culture'', issued by the National Academies in 2013, each
        year in the United States, there are approximately 1.6 to 3.8
        million sports- and recreation-related traumatic brain
        injuries, including concussions and other head injuries. These
        figures are based on conservative estimates.
            (3) Between 2001 and 2009, the reported number of our youth
        ages 21 and under treated in an emergency department for
        concussion and other non-fatal sports and recreation-related
        traumatic brain injuries increased from 150,000 to 250,000.
            (4) Over the same time period between 2001 and 2009, the
        rate of emergency room visits for concussive injuries increased
        by 57 percent.
            (5) Yet, according to the National Academies there
        currently is--
                    (A) a lack of data to accurately estimate the
                incidence of sports-related concussions across a
                variety of sports and for youth across the pediatric
                age spectrum; and
                    (B) no comprehensive system for acquiring accurate
                data on the incidence of sports- and recreation-related
                concussions across all youth age groups and sports.
            (6) Currently, there are significant information gaps in
        the proper protocol for diagnosis and treatment of sports-
        related concussions and more research desperately is needed.
    (b) Purposes.--The purposes of this Act are--
            (1) to increase awareness and knowledge about concussions
        through development of, implementation of, and evaluation of
        the effectiveness of, large-scale collaborative efforts and
        research by entities including, but not limited to, national
        sports associations, State high school associations, trainers'
        associations, appropriate Federal entities, and other
        stakeholders such as parents, coaches, and students; and
            (2) to change the culture (including social norms,
        attitudes, and behaviors) surrounding concussions among
        elementary school youth and their parents, coaches, sports
        officials, educators, trainers, and health care professionals,
        taking into account demographic variations across population
        groups, where appropriate.

SEC. 4. SURVEILLANCE OF SPORTS-RELATED CONCUSSIONS.

    Title III of the Public Health Service Act is amended by inserting
after section 317T of such Act (42 U.S.C. 247b-22) the following:

``SEC. 317U. SURVEILLANCE OF SPORTS-RELATED CONCUSSIONS.

    ``(a) In General.--The Secretary of Health and Human Services,
acting through the Director of the Centers for Disease Control and
Prevention, and taking into account other Federal data collection
efforts, shall--
            ``(1) establish and oversee a national system to accurately
        determine the incidence of sports-related concussions among
        youth; and
            ``(2) begin implementation of such system not later than 1
        year after the date of enactment of the Concussion Awareness
        and Education Act of 2015.
    ``(b) Data To Be Collected.--The data collected under subsection
(a) shall, to the extent feasible, include each of the following:
            ``(1) The incidence of sports related concussions in
        individuals 5 through 21 years of age.
            ``(2) Demographic information of the injured individuals,
        including age, sex, race, and ethnicity.
            ``(3) Pre-existing conditions of the injured individuals,
        such as attention deficit hyperactivity disorder and learning
        disabilities.
            ``(4) The concussion history of the injured individuals,
        such as the number and dates of prior concussions.
            ``(5) The use of protective equipment and impact monitoring
        devices.
            ``(6) The qualifications of personnel diagnosing the
        concussions.
            ``(7) The cause, nature, and extent of the concussive
        injury, including--
                    ``(A) the sport or activity involved;
                    ``(B) the recreational or competitive level of the
                sport or activity involved;
                    ``(C) the event type involved, including whether it
                was practice or competition;
                    ``(D) the impact location on the body;
                    ``(E) the impact nature, such as contact with a
                playing surface, another player, or equipment; and
                    ``(F) signs and symptoms consistent with a
                concussion.''.

SEC. 5. RESEARCH.

    Part B of title IV of the Public Health Service Act (42 U.S.C. 284
et seq.) is amended by adding at the end the following:

``SEC. 409K. RESEARCH ON CONCUSSIONS IN YOUTH.

    ``Beginning not later than 1 year after the date of enactment of
the Concussion Awareness and Education Act of 2015, the Director of NIH
shall conduct or support--
            ``(1) research designed to inform the creation of age-
        specific, evidence-based guidelines for the management of
        short- and long-term sequelae of concussion in youth;
            ``(2) research on the effects of concussions and repetitive
        head impacts on quality of life and the activities of daily
        living;
            ``(3) research to identify predictors, and modifiers of
        outcomes, of concussions in youth, including the influence of
        socioeconomic status, race, ethnicity, sex, and comorbidities;
        and
            ``(4) research on age- and sex-related biomechanical
        determinants of injury risk for concussion in youth, including
        how injury thresholds are modified by the number of and time
        interval between head impacts and concussions.''.

SEC. 6. DISSEMINATION OF INFORMATION.

    (a) In General.--The Secretary of Health and Human Services, acting
through the Director of the Centers for Disease Control and Prevention,
shall develop and disseminate to the public information regarding
concussions.
    (b) Arrangements With Other Entities.--In carrying out paragraph
(1), the Secretary may disseminate information through arrangements
with nonprofit organizations, consumer groups, Federal, State, or local
agencies, or the media.

SEC. 7. CONCUSSION RESEARCH COMMISSION.

    (a) Establishment.--There is established a Concussion Research
Commission (referred to in this section as the ``Commission'').
    (b) Membership.--
            (1) Appointment.--The Commission shall be composed of the
        following nine members:
                    (A) Five shall be appointed by the President.
                    (B) One shall be appointed by the Speaker of the
                House of Representatives.
                    (C) One shall be appointed by the minority leader
                of the House of Representatives.
                    (D) One shall be appointed by the majority leader
                of the Senate.
                    (E) One shall be appointed by the minority leader
                of the Senate.
            (2) Qualifications.--To be eligible for appointment under
        paragraph (1), an individual shall--
                    (A) have experience with research, treatment, and
                prevention with respect to all types of concussive
                injuries; and
                    (B) be a leading medical or scientific expert, or
                an otherwise authoritatively qualified expert, in one
                or more relevant fields.
            (3) Terms.--Each member of the Commission shall be
        appointed for the life of the Commission.
            (4) Vacancies.--Any member appointed to fill a vacancy
        occurring before the expiration of the term for which the
        member's predecessor was appointed shall be appointed only for
        the remainder of that term. A member may serve after the
        expiration of that member's term until a successor has taken
        office. A vacancy in the Commission shall be filled in the
        manner in which the original appointment was made.
            (5) No pay.--The members of the Commission shall serve
        without pay. Members of the Commission who are full-time
        officers or employees of the United States or Members of
        Congress may not receive additional pay, allowances, or
        benefits by reason of their service on the Commission.
            (6) Travel expenses.--Each member of the Commission shall
        receive travel expenses, including per diem in lieu of
        subsistence, in accordance with applicable provisions under
        subchapter I of chapter 57 of title 5, United States Code.
            (7) Resources.--The Secretary shall ensure that appropriate
        personnel, funding, and other resources are provided to the
        Committee to carry out its responsibilities.
    (c) Meetings.--The Commission shall meet at least 4 times each
year.
    (d) Staff of Federal Agencies.--Upon request of the Commission, the
head of any Federal department or agency may detail, without
reimbursement, any of the personnel of that department or agency to the
Commission to assist in carrying out this section.
    (e) Study.--The Commission shall--
            (1) study the programs and activities conducted pursuant to
        this Act; and
            (2) based on the results of such programs and activities,
        formulate systemic recommendations for furthering the purposes
        of this Act, as described in section 3(b).
    (f) Review of National Academies Report.--The Commission shall
review the report of the National Academies entitled ``Sports-Related
Concussions in Youth: Improving the Science, Changing the Culture'' and
recommend corrections or updates to such report, as the Commission
determines appropriate.
    (g) Reporting.--
            (1) Interim reports.--Every 6 months, the Commission shall
        submit to the appropriate committees of Congress an interim
        report on the Commission's activities.
            (2) Final report.--Not later than 36 months after the date
        of enactment of this Act, the Commission shall submit to the
        appropriate committees of Congress, and make available to the
        public, a final report on the results of the Commission's study
        under subsection (e) and review under subsection (f).
    (h) Termination.--The Commission shall terminate upon the date of
submission of the final report required by subsection (g)(2), unless
the Secretary of Health and Human Services chooses to maintain the
Commission beyond such date.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Confederate Commemorative Works
Inventory and Joint Resource Study Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The American Civil War was fought between 1861 and
        1865.
            (2) As early as 1864, efforts were underway to preserve
        places that had been the location of pivotal battles during the
        Civil War, even before surrender occurred.
            (3) The National Park Service preserves unimpaired the
        natural and cultural resources and values of the National Park
        System for the enjoyment, education, and inspiration of this
        and future generations, including sites dedicated to the
        interpretation of the American Civil War.
            (4) The National Park Service, the Department of Veterans
        Affairs, and the Department of Defense administer public lands
        that are responsible for Confederate commemorative works.
            (5) There are 147 national cemeteries in the United States.
        Fourteen are maintained by the Department of the Interior,
        through the National Park Service. The Department of Veterans
        Affairs, through the National Cemetery Administration,
        administers 131 cemeteries. The Department of Defense, through
        the Army, administers 2 cemeteries.
            (6) The Department of Defense has jurisdiction over--
                    (A) 10 major United States military installations
                named in honor of Confederate military leaders; and
                    (B) Navy ships named after Confederate victories.

SEC. 3. DEFINITIONS.

    For the purposes of this Act:
            (1) Confederate commemorative work.--The term ``Confederate
        commemorative work''--
                    (A) means any work that mentions individuals or
                units who participated or served in the advancement of
                Confederate efforts; and
                    (B) includes the Confederate flag and any other
                symbols or signage that honors the Confederacy,
                including any monument, statue, or plaque that honors a
                Confederate leader, soldier, or supporter of the
                Confederate States of America.
            (2) Confederate flag.--The term ``Confederate flag''--
                    (A) means the national flag of the Confederacy from
                1861 through 1865; and
                    (B) includes the Stars and Bars, the Stainless
                Banner, the Blood-Stained Banner, the Confederate
                States Navy flag, the battle flag of the Army of
                Northern Virginia, any State or regimental flag as such
                flag was depicted during 1861-1865, and modern
                representations of the Confederate battle flag.
            (3) Director.--The term ``Director'' means the Director of
        the National Park Service.
            (4) Secretary concerned.--The term ``Secretary concerned''
        means the Secretary of the Interior, the Secretary of Defense,
        and the Secretary of Veterans Affairs, each in reference to
        Federal land under the jurisdiction of that Secretary.

SEC. 4. INVENTORY AND RESOURCE STUDY.

    (a) In General.--Each Secretary concerned shall--
            (1) conduct a full inventory of Confederate commemorative
        works under the administrative jurisdiction of that Secretary;
        and
            (2) submit a copy of that inventory to the Director.
    (b) Contents of Study.--Using the inventories received pursuant to
subsection (a), the Director shall conduct a special resource study
that--
            (1) examines works, commemorating and interpreting the
        Civil War, the commemoration thereof, the soldiers, people on
        the home front and battle lines, and the related locations in
        the United States from 1861 through 1865; and
            (2) identifies--
                    (A) a historical assessment, based on extensive
                research, of each inventoried Confederate commemorative
                work;
                    (B) an evaluation of the suitability and
                feasibility of retaining the Confederate commemorative
                work;
                    (C) the identification of properties that could
                meet criteria for listing in the National Register of
                Historic Places or criteria for designation as National
                Historic Landmarks or if the Confederate commemorative
                work is already on the or part of, another designation
                or district;
                    (D) an evaluation of relevant historical research
                on, education about, interpretation of, and public
                awareness of the Confederate commemorative work; and
                    (E) any other matters that the Director determines
                to be appropriate for this study.
    (c) Report.--Not later than 2 years after funds are made available
for the study, the Secretary of the Interior shall submit to the
Committee on Natural Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate a report
containing the findings of the study required under subsection (b) and
any related recommendations.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Connect with Veterans Act of 2014''.

SEC. 2. VOLUNTARY NATIONAL DIRECTORY OF VETERANS.

    (a) Program Required.--
            (1) In general.--The Secretary of Veterans Affairs, in
        coordination with the Secretary of Defense, shall establish a
        program to facilitate outreach to veterans by covered entities.
            (2) Covered entities.--For purposes of this section, a
        covered entity is any of the following:
                    (A) The Department of Veterans Affairs.
                    (B) The agency or department of a State that is the
                primary agency or department of the State for the
                administration of benefits and services for veterans in
                the State.
                    (C) A political subdivision of a State.
                    (D) An Indian tribe (as defined in section 4 of the
                Indian Self-Determination and Education Assistance Act
                (25 U.S.C. 450b)).
            (3) National directory.--To carry out the program required
        by paragraph (1), the Secretary shall--
                    (A) establish a national directory of veterans as
                described in subsection (b); and
                    (B) share information in the directory in
                accordance with subsection (c).
    (b) National Directory.--
            (1) In general.--The Secretary of Veterans Affairs shall
        establish the national directory required by subsection (a)(3)
        using information received from the Secretary of Defense under
        subsection (d)(4).
            (2) Updates.--The Secretary of Veterans Affairs shall
        ensure that the national directory includes a mechanism by
        which a participating individual can update the information in
        the national directory that pertains to the participating
        individual.
            (3) Disenrollment.--The Secretary shall establish a
        mechanism by which a participating individual can indicate to
        the Secretary that the individual would no longer like to
        receive information from participating entities under the
        program.
            (4) Reenrollment.--The Secretary shall establish a
        mechanism for the inclusion of information in the national
        directory of individuals who were previously participating
        individuals but who had made an indication under paragraph (3)
        and subsequently indicate that they would like to receive
        information from participating entities under the program.
            (5) Privacy and security.--The Secretary shall take such
        actions as the Secretary considers appropriate to protect--
                    (A) the privacy of individuals participating in the
                program; and
                    (B) the security of the information stored in the
                national directory.
            (6) Ebenefits.--The Secretary of Veterans Affairs may use
        the system and architecture of the eBenefits Internet website
        of the Department of Veterans Affairs to support and operate
        the national directory as the Secretary considers appropriate.
    (c) Outreach.--
            (1) Sharing of directory information.--
                    (A) In general.--Except as provided in paragraph
                (2), in order to connect participating individuals with
                information about the programs they could be eligible
                for or services, support, and information they may be
                interested in receiving, the Secretary of Veterans
                Affairs may share, under the program established under
                subsection (a)(1), information in the national
                directory concerning such individuals with entities
                applicable to participating individuals.
                    (B) Entities applicable to participating
                individuals.--For purposes of this subsection, an
                entity that is applicable to a participating individual
                is a covered entity from whom a participating
                individual has expressed interest in receiving
                information under the program.
                    (C) Updated information.--In a case in which a
                participating individual updates the information
                pertaining to the participating individual under
                subsection (b)(2), the Secretary shall transmit such
                information to each entity applicable to the
                participating individual.
                    (D) Notification of disenrollment.--In a case in
                which a participating individual indicates to the
                Secretary under subsection (b)(3) that the individual
                would no longer like to receive information from
                participating entities under the program, the Secretary
                shall inform each entity applicable to the
                participating individual that the individual would no
                longer like to receive information from the entity
                under the program.
            (2) Limitations.--
                    (A) Limitations on the secretary.--
                            (i) Information shared.--Under the program,
                        the Secretary of Veterans Affairs may only
                        share from the national directory the
                        following:
                                    (I) The name of a participating
                                individual.
                                    (II) The e-mail address of a
                                participating individual.
                                    (III) The postal address of a
                                participating individual.
                                    (IV) The phone number of a
                                participating individual.
                            (ii) Prohibition on sale of information.--
                        The Secretary may not sell any information
                        collected under this section.
                            (iii) Entities.--The Secretary may not
                        share any information collected under the
                        program with any entity that is not a
                        participating entity.
                    (B) Limitations on participating entities.--
                            (i) Sharing with third-party and for-profit
                        entities.--As a condition of participation in
                        the program, a participating entity shall agree
                        not to share any information the participating
                        entity receives under the program with any
                        third-party or for-profit entities.
                            (ii) Purchases of products or services.--As
                        a condition of participation in the program, a
                        participating entity shall agree not to include
                        in any information sent by the participating
                        entity to a participating individual a
                        requirement that the participating individual
                        or the family of the participating individual
                        purchase a product or service.
                            (iii) Political communication.--As a
                        condition of participation in the program, a
                        participating entity shall agree not to use any
                        information received under the program for any
                        political communication.
            (3) Disenrollment by participating entities.--The Secretary
        shall establish a mechanism by which a participating entity may
        indicate to the Secretary that the participating entity would
        no longer like to receive information about participating
        individuals from the national directory.
            (4) Sense of congress.--
                    (A) Consolidation of requests.--It is the sense of
                Congress that covered entities described in subsection
                (a)(2)(C) who are located in the same region should
                work together in a manner such that only one of them
                requests receipt of information under the program.
                    (B) Collaboration.--It is the sense of Congress
                that covered entities described in subsection (a)(2)(C)
                should work with third parties, such as veterans
                service organizations, military community groups, and
                other entities with an interest in assisting veterans,
                to develop the information the covered entities send to
                participating individuals under the program.
            (5) Publicity.--The Secretary shall develop a plan to
        publicize the program and inform covered entities of the
        benefits of participating in the program.
    (d) Collection of Contact Information.--
            (1) In general.--To each member of the Armed Forces
        separating from service in the Armed Forces, the Secretary of
        Defense shall provide a form for the collection of information
        to be included in the national directory established under
        subsection (a).
            (2) Form.--
                    (A) Development.--The Secretary of Defense shall,
                in consultation with the Secretary of Veterans Affairs,
                develop the form provided under paragraph (1).
                    (B) Elements.--The form developed under
                subparagraph (A) shall allow a member of the Armed
                Forces who is in the process of separating from service
                in the Armed Forces to indicate the following:
                            (i) Where the member intends to reside
                        after separation.
                            (ii) How the individual can best be
                        contacted, such as a telephone number, an e-
                        mail address, or a postal address.
                            (iii) For which types of benefits and
                        services the member would like to receive
                        communication and outreach, such as health
                        care, education, employment, and housing.
                            (iv) From which of the following the member
                        would like to receive the communication and
                        outreach specified under clause (iii):
                                    (I) The Department of Veterans
                                Affairs.
                                    (II) The agency or department of
                                the State in which the member intends
                                to reside after separation that is the
                                primary agency or department of the
                                State for the administration of
                                benefits and services for veterans in
                                the State.
                                    (III) A political subdivision of a
                                State.
                    (C) Notice.--The form developed under subparagraph
                (A) shall include notice of the following:
                            (i) Information provided to agencies and
                        departments described in subparagraph
                        (B)(iv)(III) will only be provided as
                        authorized and upon request by such agencies
                        and departments.
                            (ii) Political subdivisions of States that
                        receive information under the program
                        established under subsection (a) may--
                                    (I) share such information with
                                such nonprofit organizations as the
                                political subdivisions consider
                                appropriate; and
                                    (II) work with such organizations
                                to provide the veterans with relevant
                                information about benefits and services
                                offered by such organizations.
                            (iii) Information provided on the form
                        developed under subparagraph (A) will never be
                        sold, provided to a for-profit entity, or used
                        to send any sort of political communication.
                    (D) Manner.--The Secretary of Defense shall ensure
                that the form provided under paragraph (1) is not
                primarily electronic in nature.
            (3) Voluntary participation.--The Secretary of Defense
        shall ensure that completion of the form provided under
        paragraph (1) is voluntary and submittal of such form to the
        Secretary by a member of the Armed Forces shall be considered
        an indication to the Secretary that the member would like to
        receive information from participating entities under the
        program.
            (4) Transmittal of information to secretary of veterans
        affairs.--Not later than 30 days after the date on which a
        member of the Armed Forces who submitted information to the
        Secretary of Defense under this subsection separates from
        service in the Armed Forces, the Secretary of Defense shall
        transmit such information to the Secretary of Veterans Affairs.
            (5) Privacy and security.--The Secretary of Defense shall
        take such actions as the Secretary considers appropriate to
        protect--
                    (A) the privacy of individuals who submit
                information under this subsection; and
                    (B) the security of such information--
                            (i) while it is in the possession of the
                        Secretary; and
                            (ii) while it is in transit to the
                        Secretary of Veterans Affairs.
            (6) Integration with transition assistance program.--The
        Secretary of Defense and the Secretary of Labor shall jointly
        take such actions as the secretaries consider appropriate to
        integrate the collection of information under this subsection
        into the Transition Assistance Program.
    (e) Report.--
            (1) In general.--Not later than 180 days after the date of
        the enactment of this Act, the Secretary of Veterans Affairs
        and the Secretary of Defense shall jointly submit to the
        appropriate committees of Congress a report on the program
        established under subsection (a)(1).
            (2) Contents.--The report submitted under paragraph (1)
        shall include an examination and assessment of the following:
                    (A) The signup process and the effectiveness of the
                forms developed and provided under subsection (d).
                    (B) The ways in which contact information is
                transferred from the Secretary of Defense to the
                Secretary of Veterans Affairs under the program and the
                plans of the secretaries to overcome challenges
                encountered by the secretaries in transferring such
                information.
                    (C) The number of covered entities described in
                subsection (a)(2)(C) participating in the program and
                any challenges they report in receiving the contact
                information from the Secretary of Veterans Affairs
                under the program.
                    (D) The effectiveness of efforts of the Secretary
                of Veterans Affairs and the Secretary of Defense to
                protect the personal information of participating
                individuals.
                    (E) The effectiveness of efforts of covered
                entities described in subsection (a)(2)(C) to protect
                the personal information of participating individuals.
                    (F) Whether additional limitations on the use of
                information collected under the program are necessary
                to protect participating individuals from unwanted
                contact, or contact that is inconsistent with the
                program.
                    (G) Whether participating individuals are
                benefitting by participating in the program and whether
                changing the program would improve such benefits.
                    (H) The overall participation in the program,
                utilization of the program, and how such participation
                and utilization could be improved.
                    (I) Such other matters as the secretaries consider
                appropriate.
            (3) Appropriate committees of congress defined.--In this
        subsection, the term ``appropriate committees of Congress''
        means the following:
                    (A) The Committee on Veterans' Affairs, the
                Committee on Armed Services, and the Subcommittee on
                Military Construction, Veterans Affairs, and Related
                Agencies of the Committee on Appropriations of the
                Senate.
                    (B) The Committee on Veterans' Affairs, the
                Committee on Armed Services, and the Subcommittee on
                Military Construction, Veterans Affairs and Related
                Agencies of the Committee on Appropriations of the
                House of Representatives.
    (f) Definitions.--In this section:
            (1) Participating entity.--The term ``participating
        entity'' means a covered entity that has indicated to the
        Secretary of Veterans Affairs that the covered entity would
        like to receive information about participating individuals
        from the national directory and has made no subsequent
        indication that the covered entity would like to stop receiving
        such information.
            (2) Participating individual.--The term ``participating
        individual'' means an individual with respect to whom
        information is stored in the national directory and who has
        indicated to the Secretary of Veterans Affairs or the Secretary
        of Defense that the individual would like to receive
        information from participating entities under the program and
        has made no subsequent indication that the individual would
        like to stop receiving such information.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Construction Quality Assurance Act
of 2009''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) In the construction industry, specialty subcontractors
        now perform the majority of construction work, in certain cases
        100 percent of the work, under the management of a prime
        contractor, making the subcontractors' price and performance
        the key determinant in the overall cost of construction
        projects, including those performed for the Federal Government.
            (2) Detrimental practices known as ``bid shopping'' and
        ``bid peddling'' exist in the construction industry, including
        construction projects for the Federal Government.
            (3) ``Bid shopping'' occurs when a contractor, after award
        of a contract, contracts with subcontractors at a price less
        than the quoted price of the subcontractor upon which the
        contractor's fixed bid price was based, in order to increase
        the contractor's profit on the project without any benefit to
        the entity for which the contract is being performed.
            (4) ``Bid peddling'' occurs when a subcontractor that is
        not selected for inclusion in a contractor's team seeks to
        induce the contractor, after award of the contract, to
        substitute the subcontractor for another subcontractor whose
        bid price was reflected in the successful bid of the contractor
        by offering to reduce its price for performance of the
        specified work, suggesting that the previous offer of the
        subcontractor was padded or incorrect.
            (5) Bid shopping and bid peddling--
                    (A) threaten the integrity of the competitive bid
                system for construction that benefits the Federal
                Government, the construction industry, and the economy
                of the United States as a whole;
                    (B) compromise national security by promoting
                uncertainty about which contractors actually perform
                work on critical infrastructure projects;
                    (C) deprive taxpayers of the benefits of full and
                open competition among prospective contractors and
                subcontractors for the performance of Federal
                construction projects;
                    (D) expose Federal construction projects to the
                dangers of substandard performance, substitution of
                lower quality materials, and other detrimental cost-
                cutting practices by an unscrupulous substituted
                subcontractor; and
                    (E) can be effectively deterred in Federal
                construction by modifying the Federal Acquisition
                Regulation to require bid listing, which is the
                practice of requiring each offeror for a Federal
                construction contract to list the subcontractors whose
                performance is reflected in the bid price, procedures
                for the substitution of listed subcontractors for good
                cause, and other deterrents to abuse.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Contract.--The term ``contract'' means any contract
        with the Federal Government, exceeding $1,000,000 in amount,
        for the construction, alteration, or repair of any public
        building or public work of the United States.
            (2) Contractor.--The term ``contractor'' means an
        individual or entity that has been awarded or is seeking to be
        awarded a construction contract by the Federal Government.
            (3) Subcontractor.--The term ``subcontractor'' means an
        individual or entity that subcontracts with a contractor in an
        amount in excess of $100,000 for work on a contract.

SEC. 4. REQUIREMENTS REGARDING SUBCONTRACTORS FOR FEDERAL CONTRACTORS
              ON CONSTRUCTION PROJECTS.

    (a) Requirement To List Subcontractors.--
            (1) In general.--Each solicitation by an executive agency
        for the procurement of construction in an amount in excess of
        $1,000,000 shall require each bidder to submit as part of its
        bid the name, location of the place of business, and nature of
        the work of each subcontractor with whom the bidder, if awarded
        the contract, will subcontract for work in an amount in excess
        of $100,000 on the contract.
            (2) Requirements for specific categories.--
                    (A) Except as provided in subparagraphs (B) and
                (C), the bidder shall list only one subcontractor for
                each category of work as defined by the bidder in its
                bid or proposal.
                    (B) A bidder may list multiple subcontractors for a
                category of work if each such subcontractor is listed
                to perform a discrete portion of the work within a
                category.
                    (C) A bidder may list itself for any portion of
                work under the contract, which shall be deemed a
                representation by the bidder that it is fully qualified
                to perform that portion of the work itself and that the
                bidder will perform that portion itself.
            (3) Result of failure to list subcontractors.--An executive
        agency shall consider any bidder that fails to list
        subcontractors in accordance with this Act and the regulations
        promulgated pursuant to section 7 of this Act to be non-
        responsive and bids by such bidders shall not be considered.
    (b) Procedures for Substitution of a Listed Subcontractor.--
            (1) Consent and good cause required.--No contractor shall
        substitute a subcontractor in place of the subcontractor listed
        in the original bid or proposal, except with the consent of the
        contracting officer for good cause.
            (2) Examples of good cause.--Good cause under paragraph (1)
        shall include the following:
                    (A) Failure of the subcontractor to execute a
                written contract after a reasonable period if such
                written contract, based upon the terms, conditions,
                plans, and specifications of the contract and the terms
                of the subcontractor's bid or proposal, is presented to
                the subcontractor by the contractor.
                    (B) Bankruptcy of the subcontractor.
                    (C) The death or physical disability of the
                subcontractor, if the subcontractor is an individual.
                    (D) Dissolution of the subcontractor, if the
                subcontractor is a corporation or partnership.
                    (E) Failure of a subcontractor to meet the surety
                bond requirements specified by the bidder as a
                condition of the subcontractor to perform on the
                contract, if awarded to the bidder.
                    (F) The subcontractor is ineligible to perform on
                the subcontract because the subcontractor is suspended,
                debarred, or otherwise ineligible to perform.
                    (G) A series of failures by the subcontractor to
                perform in accordance with the specification, terms,
                and conditions of its subcontract resulting in the
                withholding of amounts requested by the subcontractor
                in accordance with section 3905 of title 31, United
                States Code, and the regulations implementing such
                section.
                    (H) Failure of the subcontractor to comply with a
                requirement of law applicable to the subcontractor.
                    (I) Failure or refusal of the subcontractor to
                perform the subcontract.
            (3) Requests for substitution.--A request of a contractor
        for a substitution of a listed subcontractor shall be submitted
        in writing to the contracting officer and shall include the
        reasons for the request. The contractor shall provide a copy of
        its request for substitution to the listed subcontractor by any
        means that provides written third-party verification of
        delivery to the last known address of the subcontractor. A
        subcontractor who has been so notified shall have five working
        days within which to submit written objections to the
        substitution to the contracting officer. Failure to file such
        written objections shall constitute the consent of the listed
        subcontractor to the substitution.
    (c) Limitation on Assignment, Transfer, or Substitution.--
            (1) Limitation on assignment or transfer.--No contractor
        shall permit any subcontract to be voluntarily assigned or
        transferred or to be performed by any entity other than the
        subcontractor listed in the bid or proposal without the consent
        of the contracting officer. Consent of the contracting officer
        to a contractor for a substitution shall--
                    (A) be promptly made in writing; and
                    (B) be included in the contract file.
            (2) Limitation on substitution.--No contractor that listed
        itself for a portion of the work under the contract shall
        subcontract any portion of the work for which it listed itself,
        unless authorized by the contracting officer to substitute one
        or more subcontractors to perform such work.

SEC. 5. PENALTIES.

    (a) In General.--
            (1) A contractor shall be subject to penalties if, without
        obtaining the approval of the contracting officer, the
        contractor--
                    (A) replaces a listed subcontractor for a contract
                with an executive agency; or
                    (B) awards a subcontract to a subcontractor to
                perform work which the contractor had identified as
                work to be performed directly by the contractor.
            (2) A subcontractor shall also be subject to penalties if
        the subcontractor is determined to have knowingly participated
        in the failure of the contractor to comply with the regulatory
        provisions relating to the substitution of a listed
        subcontractor.
    (b) Amount of Penalties To Be Imposed.--The amount of penalties
imposed under this section shall be equal to the greater of--
            (1) 10 percent of the amount of the bid by the listed
        subcontractor;
            (2) the difference between the amount of the bid by the
        listed subcontractor and the amount of the bid by the
        substituted subcontractor; or
            (3) the difference between the amount of the bid by a
        substituted subcontractor and the dollar value specified by the
        contractor for the work which the contractor had listed for its
        own performance.
    (c) Source of Funds for Penalties.--Penalties assessed pursuant to
this section shall be deducted from the remaining unpaid contract
balance and deposited into the fund from which the contract was
awarded.

SEC. 6. GROUNDS FOR SUSPENSION OR DEBARMENT.

    The imposition of penalties on a contractor or subcontractor for
failure to comply with the procedures for the substitution of
subcontractors on 2 contracts within a 3-year period shall be deemed to
be adequate evidence of the commission of an offense indicating a lack
of business integrity or business honesty that seriously and directly
affects the present responsibility of a Government contractor within
the meaning of part 9.4 of the Federal Acquisition Regulation
(Debarment, Suspension, and Eligibility) (48 CFR 9.4).

SEC. 7. IMPLEMENTATION THROUGH THE FEDERAL ACQUISITION REGULATION.

    (a) Proposed Revisions.--Proposed revisions to the Government-wide
Federal Acquisition Regulation to implement the provisions in this Act
shall be published not later than 120 days after the date of the
enactment of this Act and provide not less than 60 days for public
comment.
    (b) Final Regulations.--Final regulations shall be published not
less than 180 days after the date of the enactment of this Act and
shall be effective on the date that is 30 days after the date of
publication.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Consumer Affordable Transaction
Account Act of 2001''.

SEC. 2. AFFORDABLE BANKING SERVICES.

    (a) In General.--Except as otherwise provided in this section, each
insured depository institution shall make available to consumers a
consumer transaction account, to be known as an ``affordable
transaction account'', with the following features to be prescribed
jointly by the Federal banking agencies, by regulation:
            (1) Initial deposit.--The maximum amount which an insured
        depository institution may require as an initial deposit, if
        any.
            (2) Minimum balance.--The maximum amount an insured
        depository institution may require as a minimum balance, if
        any, to maintain such account.
            (3) Minimum number of free withdrawals.--A minimum of 8
        withdrawal transactions, including withdrawals by negotiable or
        transferable instruments for the purpose of making payments to
        third parties and electronic fund transfers, during any
        periodic cycle at no additional charge to the account holder.
            (4) Maximum monthly service charge.--The maximum amount an
        insured depository institution may charge per periodic cycle
        for the use of such account.
    (b) Fees for Withdrawal Transactions in Excess of Minimum Number of
Free Withdrawals.--
            (1) In general.--Subject to paragraph (2), in the case of
        any affordable transaction account--
                    (A) an insured depository institution may impose a
                reasonable per-transaction charge for any withdrawal
                transaction described in subsection (a)(3) other than a
                transaction required under such subsection to be
                provided free; or
                    (B) the depository institution may impose the fees
                and charges normally applied to other consumer
                transaction accounts available at that depository
                institution.
            (2) Limitations.--
                    (A) Periodic cycle fee adjustment.--The amount of
                any charge per periodic cycle imposed by an insured
                depository institution on any affordable transaction
                account pursuant to paragraph (1)(B) shall be reduced
                by the charge imposed under subsection (a)(4).
                    (B) Maximum amount.--At no time shall the total
                amount of fees and charges imposed by an insured
                depository institution on any affordable transaction
                account exceed the total amount of fees and charges
                that is normally applied to other consumer transaction
                accounts available at the depository institution.
    (c) Conditions for Opening Any Affordable Transaction Account.--An
insured depository institution may require as a condition for opening
or maintaining any affordable transaction account that--
            (1) the holder of the account be a resident of the State in
        which the account is opened or maintained; and
            (2) the deposits to the account of recurring payments such
        as Social Security, wage, or pension payments be made by direct
        deposit if that form of deposit is available to both the
        consumer and the depository institution.
    (d) Other Terms and Conditions.--
            (1) In general.--Except as provided in this section and any
        regulations prescribed under this section, any affordable
        transaction account may be offered by an insured depository
        institution subject to the same rules, conditions, and terms
        normally applicable to other consumer transaction accounts
        offered by the depository institution.
            (2) Prohibition on discrimination against affordable
        transaction account holders in providing other services.--The
        amount of any fee or charge imposed on a holder of any
        affordable transaction account by an insured depository
        institution for specific services provided to such account
        holder which are not directly related to the maintenance of
        such account may not exceed the fee or charge imposed by the
        depository institution for providing the same services in
        connection with other consumer transaction accounts offered by
        the depository institution.
    (e) Affordable Transaction Accounts Not Required for Individuals
Who Maintain Other Transaction Accounts.--An insured depository
institution shall not be required to permit any person to open or
maintain an affordable transaction account pursuant to this section if
such person maintains another consumer transaction account either at
that depository institution or any other insured depository
institution.
    (f) Alternative Arrangements.--In lieu of the affordable
transaction account required by this section, an insured depository
institution may make available an alternative form of account or other
banking services if the appropriate Federal banking agency determines
that such alternative form of account or services are at least as
advantageous to consumers as the affordable transaction account.
    (g) Disclosure Requirements.--
            (1) Posted notices.--If an insured depository institution
        posts in the public area of any office of the institution a
        notice of the availability of other consumer transaction
        accounts, the depository institution shall also post equally
        conspicuous notice in such public area and in the same manner
        the availability of its affordable transaction accounts.
            (2) Printed material.--If an insured depository institution
        makes available in the public area of any office of the
        institution printed material describing the terms of its other
        consumer transaction accounts, the depository institution shall
        also make comparable descriptive printed material concerning
        the affordable transaction accounts available in the same such
        area and in the same manner.
    (h) Definitions.--For purposes of this section, the following
definitions shall apply:
            (1) Consumer transaction account.--For purposes of this
        section, the term ``consumer transaction account'' means a
        demand deposit account, negotiable order of withdrawal account,
        share draft account, or any similar transaction account used
        primarily for personal, family or household purposes.
            (2) Depository institution.--The term ``depository
        institution'' has the same meaning as in section 19(b)(1)(A) of
        the Federal Reserve Act.
            (3) Federal banking agency.--The term ``Federal banking
        agency''--
                    (A) has the same meaning as in section 3(z) of the
                Federal Deposit Insurance Act; and
                    (B) includes the National Credit Union
                Administration Board.
            (4) Insured depository institution.--The term ``insured
        depository institution''--
                    (A) has the same meaning as in section 3(c)(2) of
                the Federal Deposit Insurance Act; and
                    (B) includes an insured credit union (as defined in
                section 101(7) of the Federal Credit Union Act).
    (i) Compliance With More Stringent State Law.--If a depository
institution operates in a State the laws of which, including
regulations, require a depository institution operating in such State
to meet requirements for affordable transaction accounts which are more
advantageous to the consumer than the requirements of this section or
the regulations prescribed under this section, such depository
institution may not be treated as a qualified depository institution
for purposes of section 19(b)(12) of the Federal Reserve Act, unless
such depository institution meets the requirements of this section and
the requirements of such State law.
    (j) Rule of Construction.--No provision of this section, title LXII
of the Revised Statutes of the United States, the Home Owners' Loan
Act, the Bank Enterprise Act of 1991, the Alternative Mortgage
Transaction Parity Act of 1982, or any other Federal law may be
construed as preempting, or providing any basis for the Comptroller of
the Currency or the Director of the Office of Thrift Supervision to
conclude that Federal law in any way preempts, the law of any State
which requires depository institution operating in that State to
provide affordable transaction accounts, including the Omnibus Consumer
Protection and Banking Deregulation Act of 1994 of the State of New
York and the New Jersey Consumer Checking Account Act (as in effect on
the date of the enactment of this Act).
    (k) Coordination of Regulations.--Each Federal banking agency
shall--
            (1) consult and coordinate with other Federal banking
        agencies to ensure that regulations prescribed by each such
        agency are consistent with and comparable to the regulations
        prescribed by each other such agency; and
            (2) prescribe regulations in final form to implement this
        section before the end of the 6-month period beginning on the
        date of the enactment of this Act.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Consumer Checking Account Fairness
Act''.

SEC. 2. ADJUSTMENT OF CHECK HOLD PERIODS REQUIRED.

    (a) In General.--Section 603(d) of the Expedited Funds Availability
Act (12 U.S.C. 4002(d)) is amended by adding at the end the following
new paragraph:
            ``(3) Coordination with check clearing for the 21st century
        act.--
                    ``(A) In general.--The Board shall prescribe
                regulations under paragraph (1)--
                            ``(i) to reduce the time periods under
                        subsections (a), (b), or (e), in accordance
                        with the requirements of paragraph (1), to take
                        into account the time within which any
                        receiving institution can reasonably expect to
                        learn of the nonpayment of most items for each
                        category of checks under the Checking Clearing
                        for the 21st Century Act or the regulations
                        implementing such Act; and
                            ``(ii) to eliminate distinctions between
                        the schedules established under subsections
                        (a), (b), or (e) if the Board finds that such
                        distinctions no longer have any significance
                        for any category of checks under the Checking
                        Clearing for the 21st Century Act or the
                        regulations implementing such Act.
                    ``(B) Paragraph (2) adjustments.--The Board shall,
                by regulation, eliminate the extension provided under
                paragraph (2) for deposits of any category of checks if
                the Board finds that the extension has no substantial
                usefulness under the Checking Clearing for the 21st
                Century Act or the regulations implementing such
                Act.''.
    (b) Regulations.--The Board shall prescribe the regulations
required under the amendment made by subsection (a) in final form
before the end of the 6-month period beginning on the date of the
enactment of this Act.

SEC. 3. AMENDMENTS RELATING TO CHECKING ACCOUNT CONSUMERS.

    (a) Deposits at Proprietary ATMs.--Section 603(a)(2) of the
Expedited Funds Availability Act (12 U.S.C. 4002(a)(2)) is amended--
            (1) in subparagraphs (B)(ii) and (C)(ii), by inserting ``or
        is deposited at a proprietary ATM'' before the semicolon at the
        end of each such subparagraph; and
            (2) in subparagraph (E), by inserting ``, or a check
        deposited at a proprietary ATM,'' after ``deposited in a branch
        of a depository institution''.
    (b) Limitation on Certain Fees During Check Hold Period.--Section
607 of the Expedited Funds Availability Act (12 U.S.C. 4006) is amended
by adding at the end the following new subsection:
    ``(f) Limitation on Certain Fees During Check Hold Period.--If a
receiving depository institution has received a provisional or final
settlement with respect to a check deposited in an account at the
depository institution and such depository institution has not yet made
the proceeds of the deposit available to the accountholder, the
receiving depository institution may not assess any fee for an
overdraft, or any fee associated with the payment of an overdraft, that
would not have occurred if such funds so deposited were available.''.
    (c) Credits Required to Be Posted Before Debits.--Section 607 of
the Expedited Funds Availability Act (12 U.S.C. 4006) is amended by
inserting after subsection (f) (as added by subsection (b) of this
section) the following new subsection:
    ``(g) Order of Posting.--In the process of posting credits and
debits against a checking account used primarily for personal, family,
or household purposes after the close of any business day, the
receiving depository institution shall credit all deposits to the
account before debiting any check drawn on the account and presented to
the depository institution for payment.''.
    (d) Saturdays May Be Treated as Business Days.--Section 602(3) of
the Expedited Funds Availability Act (12 U.S.C. 4001(3)) is amended by
adding at the end the following new sentence: ``For purposes of this
title, however, Saturday shall be treated as a business day in the
calculation of any period within which funds deposited in an account at
a receiving depository institution are required be made available under
this title, if with respect to checks received by the depository
institution for which it is the originating institution, the depository
institution debits accounts on Saturdays for such checks.''.
    (e) Reduction in Check Holds for Nonlocal Check Deposits.--Section
603(b)(2) of the Expedited Funds Availability Act (12 U.S.C.
4002(b)(2)) is amended by striking ``not more than 4 business days
shall intervene between'' and inserting ``funds shall be made available
on the 2nd business day after''.
    (f) Adjustment for Inflation for Large Check Limitation.--
            (1) In general.--Section 604(a)(3) of the Expedited Funds
        Availability Act (12 U.S.C. 4003(a)(3)) is amended by striking
        ``$5,000'' each place such term appears and inserting
        ``$7,500''.
            (2) Clerical amendment.--The paragraph heading for section
        604(a)(3) of the Expedited Funds Availability Act is amended by
        striking ``$5,000'' and inserting ``$7,500''.
    (g) Adjustment for Small Deposit Availability.--
            (1) In general.--Section 603(a)(2)(D) of of the Expedited
        Funds Availability Act (12 U.S.C. 4002(a)(2)(D)) is amended by
        striking ``$100'' and inserting ``$500''.
            (2) Technical and conforming amendment.--The heading for
        subparagraph (C) of section 603(b)(3) of the Expedited Funds
        Availability Act (12 U.S.C. 4002(b)(3)(C)) is amended by
        striking ``$100 availability'' and inserting ``Coordination
        with other amount available''.
    (h) Fees for Services not Requested.--Section 607 of the Expedited
Funds Availability Act (12 U.S.C. 4006) is amended by inserting after
subsection (g) (as added by subsection (c) of this section) the
following new subsection:
    ``(h) Fees for Services not Requested.--No depository institution
may impose any fee for paying any check drawn on an account in spite of
a lack of sufficient funds in the account to pay such check or any
similar activity (commonly referred to as `bounce protection') unless
the accountholder has affirmatively requested such service.''.
    (i) Clarification of Preemption.--Section 608 of the Expedited
Funds Availability Act (12 U.S.C. 4007) is amended--
            (1) in subsection (b)--
                    (A) by inserting ``or (c)'' after ``subsection
                (a)''; and
                    (B) by inserting ``, but only to the extent of any
                such inconsistency'' before the period at the end; and
            (2) by adding at the end the following new subsection:
    ``(c) Clarification of Inconsistency.--A State law shall not be
construed as inconsistent with this title, or any regulation prescribed
under this title, if the protection such law affords the consumer by
such law is greater than the protection afforded by this title. For
purposes of determining congressional intent with respect to
preemption, the purpose of this title shall be construed to be the
establishment of a minimum basis of protection for the consumer and not
the creation of a uniform national rule.''.

SEC. 4. RECREDIT FOR ALL CONSUMERS UNLESS SUBSTITUTE CHECKS ARE
              PROVIDED WITHOUT COST UPON REQUEST.

    Section 7(b) of the Checking for the 21st Century Act (12 U.S.C.
5006(b)) is amended by adding at the end the following new paragraph:
            ``(3) Fees for substitute checks.--If any bank that holds
        the account of a consumer imposes any fee for producing a copy
        of a substitute check for such consumer with respect to such
        account, the expedited recredit process established under this
        section shall be available for all charges initiated by check
        against any such account regardless of whether a substitute
        check was involved or was provided to the consumer.''.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Consumer Protection and Choice
Act''.

SEC. 2. DEFERRED PRESENTMENT TRANSACTION REQUIREMENTS.

    (a) In General.--Chapter 2 of the Truth in Lending Act is amended
by inserting after section 128A (15 U.S.C. 1638A) the following new
section:
``Sec. 128B. Deferred presentment transaction requirements
    ``(a) Prohibition on Deferred Presentment Transactions.--A deferred
presentment transaction is prohibited except as authorized by this
section.
    ``(b) Regulation of Deferred Presentment Transactions and Deferred
Presentment Providers.--If the Director of the Bureau determines that a
State has in effect a covered deferred presentment law, any regulations
of the Bureau with respect to deferred presentment transactions and
deferred presentment providers shall not apply in such State.
    ``(c) Covered Deferred Presentment Law Defined.--For purposes of
this section, the term `covered deferred presentment law' means a law
or regulation of a State that provides for the licensing of deferred
presentment providers and the regulation of deferred presentment
transactions, which may be accomplished through existing State
authority, and that meets the following requirements:
            ``(1) Database.--The law or regulation must establish a
        database of deferred presentment transactions to assist
        deferred presentment providers with complying with the
        requirements of this section, which may be operated by a
        private company selected by the State.
            ``(2) Deferred presentment provider requirements.--The law
        or regulation must require a deferred presentment provider to--
                    ``(A) be licensed by the State;
                    ``(B) provide to the State the results of a
                background check, including fingerprinting, of each
                officer and principal of the deferred presentment
                provider;
                    ``(C) secure a copy of a valid State-issued form of
                identification from a consumer before entering into a
                deferred presentment transaction;
                    ``(D) verify through the State deferred presentment
                transaction database that a consumer entering into a
                deferred presentment transaction with the deferred
                presentment provider--
                            ``(i) does not have an outstanding deferred
                        presentment transaction; and
                            ``(ii) did not have an outstanding deferred
                        presentment transaction within the previous 24-
                        hour period; and
                    ``(E) report to the State deferred presentment
                transaction database operator immediately--
                            ``(i) upon entering into a deferred
                        presentment transaction agreement--
                                    ``(I) the name of the consumer that
                                provided a check or other payment
                                instrument for deferred presentment;
                                    ``(II) the consumer's social
                                security number or employment
                                authorization alien number;
                                    ``(III) the consumer's address;
                                    ``(IV) the consumer's driver's
                                license number or identifier from other
                                valid State-issued form of
                                identification;
                                    ``(V) the amount of the deferred
                                presentment transaction;
                                    ``(VI) the date such deferred
                                presentment transaction is made and the
                                date on which repayment of the deferred
                                presentment transaction is due; and
                                    ``(VII) such other information as
                                the State determines appropriate; and
                            ``(ii) upon repayment by the consumer of
                        the amount owed under a deferred presentment
                        transaction agreement or after such deferred
                        presentment transaction agreement is otherwise
                        settled, the date and time on which the amount
                        owed under such deferred presentment
                        transaction agreement is satisfied.
            ``(3) Deferred presentment transaction agreement
        requirements.--The law or regulation must require that the
        terms of a deferred presentment transaction agreement--
                    ``(A) limit the total amount of all interest and
                fees that may be charged to a consumer by a deferred
                presentment provider with respect to a deferred
                presentment transaction to no more than 10 percent of
                the amount of such a deferred presentment transaction
                and no more than a $5 processing fee;
                    ``(B) limit the duration of the deferred
                presentment transaction to a period no longer than 31
                days or less than 7 days;
                    ``(C) limit the amount of the deferred presentment
                transaction to no more than $500, exclusive of allowed
                fees;
                    ``(D) be in writing;
                    ``(E) provide that the consumer shall--
                            ``(i) have the right to rescind any
                        deferred presentment transaction agreement
                        within the first 24 hours of the deferment
                        period; and
                            ``(ii) pay any allowable processing fee
                        regardless of such rescission; and
                    ``(F) include such other information as the State
                determines to be appropriate.
            ``(4) Treatment of past-due amounts.--The law or regulation
        must require that if a consumer fails to repay the amount due
        pursuant to a deferred presentment transaction agreement by the
        contractual repayment date, a deferred presentment provider
        shall provide an additional 60-day grace period, without any
        additional charge, for the consumer to repay such amount before
        the deferred presentment provider may request payment for the
        check or other payment instrument or pursue other civil
        remedies, subject to the conditions that the grace period
        will--
                    ``(A) terminate immediately if, before the end of
                the 7-day period beginning on the date of the
                contractual repayment date, the consumer failed to make
                an appointment to attend a course with a consumer
                credit counseling agency and inform the deferred
                presentment provider of such appointment; and
                    ``(B) be deemed to have terminated at the end of
                the 7-day period beginning on the date of the
                contractual repayment date if, before the end of the
                60-day period beginning on the date of the contractual
                repayment date, the consumer failed to complete a
                course with a consumer credit counseling agency and
                inform the deferred presentment provider of the
                completion of such course.
    ``(d) Compliance.--A deferred presentment transaction that complies
with the requirements of this section and applicable State law shall
not be considered to be an unfair, deceptive, or abusive act or
practice.
    ``(e) Effective Date.--The requirements of this section shall take
effect on the date that is 24 months after the date of the enactment of
this section.
    ``(f) Definitions.--For purposes of this section:
            ``(1) Deferment period.--The term `deferment period' means
        the number of days a deferred presentment provider agrees to
        wait before depositing, presenting, or redeeming a consumer's
        check or other payment instrument under a deferred presentment
        transaction agreement.
            ``(2) Deferred presentment provider.--The term `deferred
        presentment provider' means a person who holds a license to be
        a deferred presentment provider in the State in which a
        deferred presentment transaction agreement is entered into and
        who provides currency or other payment instrument to a consumer
        as part of a deferred presentment transaction.
            ``(3) Deferred presentment transaction.--The term `deferred
        presentment transaction' means a transaction in which currency
        or other payment instrument is provided to a consumer in
        exchange for a consumer's check or other payment instrument and
        an agreement that such consumer's check or other payment
        instrument shall be held for a deferment period prior to
        presentment, deposit, or redemption.
            ``(4) Deferred presentment transaction agreement.--The term
        `deferred presentment transaction agreement' means the
        underlying agreement establishing a deferred presentment
        transaction.
            ``(5) Other payment instrument.--The term `other payment
        instrument' means a draft, warrant, money order, traveler's
        check, or electronic instrument (other than currency).
            ``(6) State.--The term `State' means each of the several
        States, the District of Columbia, and each territory and
        possession of the United States.
            ``(7) State deferred presentment transaction database.--The
        term `State deferred presentment transaction database' means
        the database established by the State that issued the
        consumer's form of identification.''.
    (b) Clerical Amendment.--The table of contents at the beginning of
chapter 2 of the Truth in Lending Act is amended by inserting after the
item relating to section 128A the following new item:

``128B. Deferred presentment transaction requirements.''.

SEC. 3. MORATORIUM AND SAFE HARBOR.

    (a) Moratorium.--The Bureau of Consumer Financial Protection may
not promulgate or enforce any regulation related to deferred
presentment providers with respect to deferred presentment transactions
during the 24-month period beginning on the date of enactment of this
Act.
    (b) Safe Harbor.--The Bureau of Consumer Financial Protection may
not impose any additional requirements related to deferred presentment
providers with respect to deferred presentment transactions in a State
if such State has enacted a covered deferred presentment law by the
effective date in subsection (e) of section 128B of the Truth in
Lending Act, as added by section 2(a).
    (c) Payday Loans.--The Bureau of Consumer Financial Protection--
            (1) may not regulate payday loans during the 24-month
        period beginning on the date of enactment of this Act; and
            (2) may regulate payday loans in a State after such period
        only if such State has not enacted a covered deferred
        presentment law.
    (d) Definitions.--For purposes of this section:
            (1) TILA definitions.--The terms ``covered deferred
        presentment law'', ``deferred presentment provider'',
        ``deferred presentment transaction'', and ``State'' shall have
        the meanings given such terms under section 128B of the Truth
        in Lending Act, as added by section 2(a).
            (2) Payday loan.--The term ``payday loan'' means a loan
        described under section 1024(a)(1)(E) of Public Law 111-203 (12
        U.S.C. 5514(a)(1)(E)), except that such term does not include a
        deferred presentment transaction.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Consumer and Community Choice in
Access Act of 1999''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) As cable, telecommunications and Internet lines of
        business merge, cable operators are upgrading their cable
        systems to offer 2-way communications on their cable networks,
        including high-speed broadband access to the Internet.
            (2) Upgraded cable systems are now offering Internet access
        up to 1,000 times faster than traditional phone lines, and up
        to 100 times faster than integrated services digital network
        (``ISDN'') lines.
            (3) Some cable operators are requiring their customers to
        obtain broadband access only through their affiliated Internet
        service provider (``ISP'').
            (4) Citizens who need or desire Internet access through the
        significantly faster cable network, but who choose not to use
        the cable operators' affiliated ISP must pay twice (once to the
        cable operator's ISP, once to their own ISP), in order to
        access the ISP of their choice.
            (5) Some in the cable industry, utilizing both their
        affiliated ISP and considerable market power, will not allow
        open and direct access to unaffiliated ISPs and their customers
        via the broadband cable platform.
            (6) The initial design of broadband cable modem Internet
        access has also created technological barriers to open access
        that need to be addressed.
            (7) In their federally recognized roles as local cable
        franchising authorities, local communities across the country
        are now confronted with the question of whether to allow their
        cable operators to restrict unaffiliated ISP from gaining
        direct, open access to their customers on the regulated cable
        network. In Oregon, the city of Portland and Multnomah County
        have already faced this situation, and decided that the public
        interest requires open access. This decision has been upheld by
        a Federal court.
            (8) However, some have expressed concern that allowing
        localities the ability to promote competition by requiring open
        access will delay the deployment of cable broadband Internet
        access services.
            (9) Local jurisdictions that choose to impose a
        procompetitive open access requirement serve the important
        public purpose of serving as ``laboratories'' for field trials
        to develop true competition on the cable Internet gateway.
            (10) Clearly, the possible development of a monopoly
        bottleneck to high-speed Internet access is a critical public
        policy issue that Congress, the Federal Communications
        Commission, and local franchising authorities need to address.

SEC. 3. NONDISCRIMINATORY REQUIREMENTS FOR INTERCONNECTION TO THE
              INTERNET.

    (a) Reallocation of Authority.--Section 624 of the Communications
Act of 1934 (47 U.S.C. 544) is amended--
            (1) in subsection (b)(1), by striking ``or other
        information services''; and
            (2) by adding at the end the following new subsection:
    ``(j) Internet Access.--The Commission may require cable operators
that provide interconnection, using cable system facilities, with the
Internet to offer such interconnection on terms and conditions that are
fair, reasonable, and nondiscriminatory. Such requirements shall
include the obligation to provide direct or indirect interconnection
with the facilities and equipment of any Internet service provider on
terms and conditions that are functionally and economically equivalent
to the interconnection provided to any other Internet service provider,
whether or not affiliated with the cable operator. If the Commission
determines, after notice and comment, that a cable operator is not
complying with such obligation, the Commission may establish the terms
and conditions of such interconnection.''.

SEC. 4. LEASED ACCESS AMENDMENT.

    Section 612 of the Communications Act of 1934 (47 U.S.C. 532) is
amended--
            (1) in subsection (b)(5), by inserting ``or other cable
        service'' after ``provision of video programming'';
            (2) in subsection (c)(2), by inserting ``or other cable
        service'' after ``over any video programming''; and
            (3) by adding at the end the following new subsection:
    ``(k) Treatment of High-Speed Data Services.--Until the Commission
establishes open access or interconnection standards and obligations
under section 624(j), a service that provides high-speed data service
(as such term is defined in regulations of the Commission) and that
seeks to obtain channel capacity under this section may,
notwithstanding subsection (b)(5), be treated as seeking channel
capacity for a commercial use.''.

SEC. 5. CLARIFICATION OF LIMITATION ON COMMON CARRIER REGULATION.

    Section 621(c) of the Communications Act of 1934 (47 U.S.C. 541(c))
is amended by adding at the end the following new sentence: ``A
telecommunications service that is provided by a cable system is
subject to regulation as a common carrier service.''.

SEC. 6. RULES OF CONSTRUCTION.

    Nothing in this Act--
            (1) restricts or limits the authority of a State or
        franchising authority; or
            (2) shall be construed to affect any civil action that is
        pending in any Federal or State court on the date of enactment
        of this Act.


SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Continued Participation Pension Act
of 1996''.

SEC. 2. CONTINUED PARTICIPATION IN DEFINED BENEFIT PLANS.

    Part 2 of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1051 et seq.) is amended by redesignating section 211 as section
212 and by inserting after section 210 (29 U.S.C. 1060) the following
new section:

     ``continued participation in defined benefit plans for certain
                              individuals

    ``Sec. 211. (a) In General.--A defined benefit plan shall provide,
in accordance with this section, that each qualified beneficiary who
would lose eligibility to accrue benefits under the plan as a result of
a qualifying event, may elect, within the election period, continued
participation under the plan.
    ``(b) Continued Participation.--For purposes of this section, the
term `continued participation' means continued accrual of benefits by a
qualified beneficiary in accordance with section 204(b)(1), if the
following requirements are met:
            ``(1) Determination of service.--A participant shall be
        treated as having not incurred a break in service with the
        employer or employers maintaining the plan. The period of
        continued participation shall be deemed to constitute service
        with the employer or employers maintaining the plan for the
        purpose of determining the nonforfeitability of the qualified
        beneficiary's accrued benefits and for the purpose of
        determining the accrual of benefits. The period of continued
        participation shall be deemed to be service with the employer
        under the terms of the plan or any applicable collective
        bargaining agreement.
            ``(2) Terms of continued participation.--For purposes of
        determining the amount of any liability and any obligation of
        the plan, earnings and forfeitures shall not be included. In
        the case of a multiemployer plan, any liability of the plan
        described in this section shall be allocated--
                    ``(A) by the plan in such manner as the sponsor
                maintaining the plan shall provide; or
                    ``(B) if the sponsor does not so provide, to the
                last employer employing the person before the
                qualifying event.
            ``(3) Period of continued participation.--The period of
        participation shall extend for the period beginning on the date
        of the qualifying event and ending not earlier than the
        earliest of the following:
                    ``(A) Maximum required period.--The date on which
                the participant reaches (or would have reached) normal
                retirement age under the plan.
                    ``(B) End of plan.--The date on which the employer
                ceases to provide any defined benefit plan to any
                employee.
                    ``(C) Failure to pay contribution.--The date on
                which benefits cease to accrue under the plan by reason
                of a failure to make timely payment of any contribution
                required under the plan with respect to the qualified
                beneficiary.
            ``(4) Contribution requirements.--
                    ``(A) In general.--A qualified beneficiary electing
                continued participation is liable to the defined
                benefit plan for funding any obligation of the plan to
                provide the benefits described in paragraph (1). The
                plan shall allocate to qualified beneficiaries the
                amount of applicable contribution attributable to
                employer contributions and mandatory employee
                contributions under the plan, in the same manner that
                employer contributions and mandatory employee
                contributions are allocated to similarly situated
                beneficiaries with respect to whom a qualifying event
                has not occurred. The plan shall provide for benefit
accruals attributable to voluntary employee contributions only to the
extent such benefit accruals attributable to such contributions were
available to the participant prior to the qualifying event. For
purposes of computing the beneficiary's contributions, the participant
shall be deemed to have received compensation during the period of
continued participation, at the rate in effect prior to the occurrence
of the qualifying event, as if the participant had continued in service
under the plan at the rate of 1,000 hours of work during any 12-month
period.
                    ``(B) Limitation.--For any period of continued
                participation, the contribution made by the qualified
                beneficiary--
                            ``(i) shall not exceed 102 percent of the
                        applicable contribution for such period, and
                            ``(ii) may, at the election of the payor,
                        be made in monthly installments.
                In no event may the plan require the payment of any
                contribution before the day which is 45 days after the
                day on which the qualified beneficiary made the initial
                election for continued participation.
    ``(c) Election Period.--
            ``(1) In general.--The election period--
                    ``(A) begins not later than the date on which
                benefits accrual would, but for continued participation
                in accordance with the section, cease, and
                    ``(B) is of at least 90 days' duration.
            ``(2) Effect of election on other beneficiaries.--Except as
        otherwise specified in an election, any election of continued
        participation by a qualified beneficiary shall be deemed to
        include an election of continued participation on behalf of any
        other qualified beneficiary who would cease to be a beneficiary
        under the plan by reason of the qualifying event.
    ``(d) Exception for Certain Plans.--Subsection (a) shall not apply
to any defined benefit plan for any calendar year if all employers
maintaining such plan normally employed fewer than 20 employees on a
typical business day during the preceding calendar year.
    ``(e) Definitions.--For purposes of this section--
            ``(1) Applicable contribution.--The applicable contribution
        for any period of continued participation of qualified
        beneficiaries shall be equal to the actuarial value of benefit
        accruals attributable to the period of continued participation,
        as determined under regulations of the Secretary.
            ``(2) Qualified beneficiary.--The term `qualified
        beneficiary' means any beneficiary under the plan on the day
        before the qualifying event, including the participant in the
        case of a qualifying event described in paragraph (3)(A).
            ``(3) Qualifying event.--The term `qualifying event' means
        any of the following events occurring within seven years of
        attainment by the participant of normal retirement age, which,
        but for the continued participation provided under this
        section, would result in the cessation of benefit accruals of a
        qualified beneficiary:
                    ``(A) The termination (other than by reason of such
                employee's gross misconduct), or reduction of hours, of
                the participant's employment.
                    ``(B) The death of the participant.''.

SEC. 3. EFFECTIVE DATES.

    (a) General Rule.--This Act shall apply to plan years beginning on
or after July 1, 1996.
    (b) Special Rule for Collective Bargaining Agreements.--In the case
of a defined benefit plan maintained pursuant to one or more collective
bargaining agreements between employee representatives and one or more
employers ratified before the date of the enactment of this Act, this
section shall not apply to plan years beginning before the later of--
            (1) the date on which the last of the collective bargaining
        agreements relating to the plan terminates (determined without
        regard to any extension thereof agreed to after the date of the
        enactment of this Act), or
            (2) January 1, 2000.