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SECTION 1. SHORT TITLE.

This Act may be cited as the ''Government Accountability Office
Improvement Act of 2008''.

SEC. 2. AUTHORITY TO OBTAIN RECORDS.

(a) Authority To Obtain Records.--Section 716 of title 31, United
States Code, is amended in subsection (a)--
(1) by striking ''(a)'' and inserting ''(2)''; and
(2) by inserting after the section heading the following:
''(a)(1) The Comptroller General is authorized to obtain such
agency records as the Comptroller General requires to discharge his
duties (including audit, evaluation, and investigative duties),
including through the bringing of civil actions under this section. In
reviewing a civil action under this section, the court shall recognize
the continuing force and effect of the authorization in the preceding
sentence until such time as the authorization is repealed pursuant to
law.''.
(b) Interviews.--Section 716(a) of title 31, United States Code, as
amended by subsection (a), is further amended in the second sentence of
paragraph (2) by inserting ''and interview agency officers and
employees'' after ''agency record''.

SEC. 3. ADMINISTERING OATHS.

Section 711 of title 31, United States Code, is amended by striking
paragraph (4) and inserting the following:
''(4) administer oaths to witnesses, except that, in
matters other than auditing and settling accounts, the
authority of an officer or employee to administer oaths to
witnesses pursuant to a delegation under paragraph (2) shall
not be available without the prior express approval of the
Comptroller General (or a designee).''.

SEC. 4. ACCESS TO CERTAIN INFORMATION.

(a) Access to Certain Information.--Subchapter II of chapter 7 of
title 31, United States Code, is amended by adding at the end the
following:
''Sec. 721. Access to certain information
''(a) No provision of the Social Security Act shall be construed to
limit, amend, or supersede the authority of the Comptroller General to
obtain any information, to inspect any record, or to interview any
officer or employee under section 716 of this title, including with
respect to any information disclosed to or obtained by the Secretary of
Health and Human Services under part C or D of title XVIII of the
Social Security Act.
''(b) No provision of the Federal Food, Drug, and Cosmetic Act
shall be construed to limit, amend, or supersede the authority of the
Comptroller General to obtain any information, to inspect any record,
or to interview any officer or employee under section 716 of this
title, including with respect to any information concerning any method
or process which as a trade secret is entitled to protection.
''(c) No provision of the Hart-Scott-Rodino Antitrust Improvements
Act of 1976 and the amendments made by that Act shall be construed to
limit, amend, or supersede the authority of the Comptroller General to
obtain any information, to inspect any record, or to interview any
officer or employee under section 716 of this title, including with
respect to any information disclosed to the Assistant Attorney General
of the Antitrust Division of the Department of Justice or the Federal
Trade Commission for purposes of pre-merger review under section 7A of
the Clayton Act (15 U.S.C. 18a).
''(d)(1) The Comptroller General shall prescribe such policies and
procedures as are necessary to protect from public disclosure
proprietary or trade secret information obtained consistent with this
section.
''(2) Nothing in this section shall be construed--
''(A) to alter or amend the prohibitions against the
disclosure of trade secret or other sensitive information
prohibited by section 1905 of title 18 and other applicable
laws; or
''(B) to affect the applicability of section 716(e) of this
title, including the protections against unauthorized
disclosure contained in that section, to information obtained
consistent with this section.''.
(b) Clerical Amendment.--The analysis for chapter 7 of title 31,
United States Code, is amended by inserting after the item relating to
section 720 the following:

''721. Access to certain information.''.

SEC. 5. COMPTROLLER GENERAL REPORTS.

Section 719 of title 31, United States Code, is amended--
(1) in subsection (b)(1)(B), by striking ''and'' at the
end;
(2) in subsection (b)(1)(C), by striking the period at the
end and inserting ''; and'';
(3) by adding at the end of subsection (b)(1) the
following:
''(D) for agencies subject to sections 901 to 903 and other
agencies designated by the Comptroller General, an assessment
of their overall degree of cooperation in making personnel
available for interview, providing written answers to
questions, submitting to an oath authorized by the Comptroller
General under section 711, granting access to records,
providing timely comments to draft reports, adopting
recommendations in reports and responding to such other matters
as the Comptroller General deems appropriate.'';
(4) in subsection (c)(2)(B), by striking ''and'' at the
end;
(5) in subsection (c)(3), by striking the period at the end
and inserting ''; and'', and
(6) by adding at the end of subsection (c) the following:
''(4) as soon as practicable when an agency does not,
within a reasonable time, respond to a request by the
Comptroller General regarding any matter described in
subsection (b)(1)(D).''.

Passed the House of Representatives July 29, 2008.

Attest:

LORRAINE C. MILLER,

Clerk.
Government Accountability Office Improvement Act of 2008 - Authorizes the Comptroller General to: (1) obtain federal agency records required to discharge his or her duties, including through bringing civil actions under this Act; (2) interview agency officers and employees to get information about agency duties, powers, activities, organization, and financial transactions; and (3) administer oaths to witnesses (currently, the Comptroller General may administer oaths to witnesses when auditing and settling accounts).

Requires the Comptroller General to prescribe such policies and procedures as are necessary to protect from public disclosure proprietary or trade secret information obtained under this Act.

Declares that no provision of the Social Security Act, the Federal Food, Drug, and Cosmetic Act, or the Hart-Scott-Rodino Antitrust Improvements Act of 1976 shall be construed to limit, amend, or supersede the authority of the Comptroller General to obtain information, inspect records, or interview specified agency officers or employees, including with respect to: (1) information disclosed to or obtained by the Secretary of Health and Human Services under the Social Security Act; (2) information concerning any method or process protected as a trade secret; and (3) information disclosed to the Assistant Attorney General of the Antitrust Division of the Department of Justice (DOJ) or the Federal Trade Commission (FTC) for purposes of pre-merger review under the Clayton Act. Declares that this Act shall not be construed to: (1) alter or amend the prohibitions against the disclosure of trade secret or other sensitive information; and (2) affect the applicability of requirements governing the availability of agency information to information obtained.

Requires the Comptroller General to: (1) report annually on the cooperation of agencies subject to the Chief Financial Officers Act of 1990 and other agencies designated by the Comptroller General in making personnel available for interviews, providing written answers to questions, submitting to an oath authorized by the Comptroller General, granting access to records, providing timely comments to draft reports, adopting report recommendations, and responding to such matters as the Comptroller General deems appropriate; and (2) report to Congress when agencies do not respond to requests regarding such matters.

SECTION 1. SHORT TITLE.

This Act may be cited as the ''Justice for Victims of Fraud Act of
2016''.

SEC. 2. FINDINGS.

The Congress finds the following:
(1) The Bureau of Consumer Financial Protection found that
Wells Fargo management implemented sales incentives, including
an incentive-compensation program, in part to increase the
number of banking products and services that its employees sold
to its customers.
(2) The Bureau of Consumer Financial Protection found that
Wells Fargo employees engaged in improper sales practices to
satisfy sales goals under Wells Fargo's incentive compensation
program, including opening as many as 1,534,280 checking
accounts and 565,443 credit card accounts using consumers'
information without their knowledge or consent between May 2011
and July 2015.
(3) Wells Fargo successfully claimed in Jabbari v. Wells
Fargo that customers had signed away their rights to hold Wells
Fargo accountable in court for claims of fraud because those
customers were bound to a forced arbitration clause for their
legitimate accounts.
(4) After Wells Fargo publicly entered a settlement with
Federal regulators for the opening of thousands of unauthorized
customer accounts, Wells Fargo claimed in Mitchell et. al. v.
Wells Fargo et. al. that customers' fraud claims must continue
to be forced into arbitration.
(5) Several courts have determined that despite claims of
fraud over unauthorized accounts opened without customer
knowledge or consent, those customers are still bound by
contracts forcing those claims into arbitration based on the
courts' interpretation of the Federal Arbitration Act.
(6) The Federal Arbitration Act (now codified as chapter 1
of title 9, United States Code) was intended to apply to
disputes between commercial entities of generally similar
sophistication and bargaining power, but a series of decisions
by the Supreme Court of the United States have interpreted the
Federal Arbitration Act as applicable to claims of fraud.
(7) Consumers have no meaningful choice whether to submit
their claims to arbitration and are typically unaware that they
have given up their rights to file claims in court.

SEC. 3. ARBITRATION OF CONSUMER DISPUTES RELATED TO CREDIT CARD
ACCOUNTS.

Chapter 2 of the Truth in Lending Act (15 U.S.C. 1631 et seq.) is
amended by adding at the end the following (and the table of contents
for such chapter is conformed accordingly):
''Sec. 140B. Validity and enforceability
''(a) Definitions.--In this section--
''(1) the term 'covered dispute' means a dispute that is
not subject to a final judgment by a court; and
''(2) the term 'predispute arbitration agreement' means any
agreement between a person and a consumer providing for
arbitration of any future dispute between the parties.
''(b) Validity and Enforceability.--No predispute arbitration
agreement shall be valid or enforceable in a covered dispute that is
related to a credit card that was not issued in response to a request
or application for that credit card account.
''(c) Applicability.--The applicability of this section to a
predispute arbitration agreement shall be determined by a State or
Federal court of competent jurisdiction.''.

SEC. 4. ARBITRATION OF CONSUMER DISPUTES RELATED TO COVERED ACCOUNTS.

The Electronic Fund Transfer Act (15 U.S.C. 1693 et seq.) is
amended by inserting after section 920 (15 U.S.C. 1693o-2) the
following:

''SEC. 920A. VALIDITY AND ENFORCEABILITY.

''(a) Definitions.--In this section--
''(1) the term 'covered account'--
''(A) means a demand deposit, savings deposit, or
other asset account (other than an occasional or
incidental credit balance in an open end credit plan as
defined in section 103(i)), as described in regulations
of the Bureau, established primarily for personal,
family, or household purposes, including demand
accounts, time accounts, negotiable order of withdrawal
accounts, and share draft accounts; and
''(B) does not include an account held by a
financial institution pursuant to a bona fide trust
agreement;
''(2) the term 'covered dispute' means a dispute that is
not subject to a final judgment by a court; and
''(3) the term 'predispute arbitration agreement' means any
agreement between a financial institution and a consumer
providing for arbitration of any future dispute between the
parties.
''(b) Validity and Enforceability.--No predispute arbitration
agreement shall be valid or enforceable in a covered dispute that is
related to a covered account that was not issued in response to a
request or application for that covered account.
''(c) Applicability.--The applicability of this section to a
predispute arbitration agreement shall be determined by a State or
Federal court of competent jurisdiction.''.

SEC. 5. RULE OF CONSTRUCTION.

Nothing in the amendments made by this Act shall be construed--
(1) to authorize the imposition of a requirement to submit
a dispute to arbitration; or
(2) to restrict any court from ruling that a requirement to
submit a dispute to arbitration is invalid or unenforceable.
Justice for Victims of Fraud Act of 2016 This bill amends the Truth in Lending Act and the Electronic Fund Transfer Act to prohibit predispute arbitration agreements with consumers (i.e., agreements to arbitrate any future disputes between parties instead of pursuing the claims in court) from being valid or enforceable in disputes related to credit card accounts or personal bank accounts that are not subject to a final judgment by a court if the credit card or bank account was not issued in response to a request or application for that account. The bill excludes from this prohibition accounts held by a financial institution pursuant to a bona fide trust agreement.

SECTION 1. SHORT TITLE.

This Act may be cited as the ''Emergency Child Care for the Gulf
Coast Region Act of 2006''.

SEC. 2. FINDINGS.

The Congress finds as follows:
(1) Studies have stated that reopening child care
facilities was crucial for helping parents get back to work and
businesses to recover.
(2) Studies have shown that without available and
affordable child care economic recovery will be greatly impeded
and lead to a reduction in worker productivity.
(3) In New Orleans before Hurricanes Katrina and Rita, the
city had 1,912 day-care slots at 266 licensed centers, but now
80 percent of those centers and 75 percent of those slots are
gone.
(4) The National Association of Child Care Resource and
Referral Agencies reported in a study published by the
Mississippi State University Early Childhood Institute that
between 62 to 94 percent of the licensed child care slots in
the three coastal counties hardest hit by Hurricanes Katrina
and Rita in Mississippi were lost.
(5) In Jackson County, Mississippi, initial assessment
found that one-fourth of the county's licensed centers were
damaged beyond repair, representing 11 percent of the county's
licensed child care capacity. Another 39 percent of centers
needed repairs.

TITLE I--EMERGENCY CHILD CARE BUSINESS INCENTIVE GRANT PROGRAM FOR THE
GULF COAST REGION

SEC. 101. ESTABLISHMENT.

The Secretary of Health and Human Services shall establish a
program to make grants to--
(1) businesses and consortia in the Gulf Coast Region--
(A) to pay start-up costs incurred to provide child
care services; or
(B) to provide additional child care services
needed by the employees of such businesses; and
(2) nonprofit business organizations in the Gulf Coast
Region to provide technical information and assistance to
enable businesses to provide child care services.

SEC. 102. ELIGIBILITY TO RECEIVE GRANTS.

To be eligible to receive a grant under section 101, a business,
nonprofit business organization, or consortium shall submit to the
Secretary an application in accordance with section 103.

SEC. 103. APPLICATION.

The application required by section 102 shall be submitted by a
business, nonprofit business organization, or consortium at such time,
in such form, and containing such information as the Secretary may
require by rule, except that such application shall contain--
(1) an assurance that the applicant shall expend, for the
purpose for which such grant is made, an amount not less than
10 percent of the amount of such grant;
(2) an assurance that such applicant will expend such grant
for the use specified in paragraph (1) or (2) of section 101,
as the case may be;
(3) an assurance that such applicant will employ strategies
to ensure that child care services provided by such applicant,
or provided with the technical information and assistance made
available by such applicant, are provided at affordable rates,
and on an equitable basis, to low- and moderate-income
employees;
(4) an assurance that such applicant--
(A) in the case of a business or consortium, will
comply with all State and local licensing requirements
applicable to such business or consortium concerning
the provision of child care services; or
(B) in the case of a nonprofit business
organization, will employ procedures to ensure that
technical information and assistance provided under
this title by such business organization will be
provided only to businesses that provide child care
services in compliance with all State and local
licensing requirements applicable to child care
providers in such State; and
(5) in the case of a business or consortium, an assurance
that if the employees of such applicant do not require all the
child care services for which such grant and the funds required
by paragraph (1) are to be expended by such applicant, the
excess of such child care services shall be made available to
families in the community in which such applicant is located.

SEC. 104. SELECTION OF GRANTEES.

For purposes of selecting applicants to receive grants under this
title, the Secretary shall give priority to businesses that have fewer
than 200 full-time employees. To the extent practicable, the Secretary
shall--
(1) make grants equitably under this title to applicants
located in all geographical regions of the United States; and
(2) give priority to applicants for grants under section
101(1).

SEC. 105. DEFINITIONS.

As used in this title:
(1) Business.--The term ''business'' means a person engaged
in commerce whose primary activity is not providing child care
services.
(2) Child care services.--The term ''child care services''
means care for a child that is--
(A) provided on the site at which a parent of such
child is employed or at a site nearby in the community;
and
(B) subsidized at least in part by the business
that employs such parent.
(3) Consortium.--The term ''consortium'' means 4 or more
businesses acting jointly. A consortium may also include a
nonprofit private organization.
(4) Secretary.--The term ''Secretary'' means the Secretary
of Health and Human Services.
(5) Gulf coast region.--The term ''Gulf Coast Region''
means the area in which the President has declared that a major
disaster exists, in accordance with section 401 of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5170), as a consequence of Hurricanes Katrina and Rita.

SEC. 106. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated to carry out this title
$1,500,000 for each of the fiscal years 2007 through 2009.

TITLE II--EMERGENCY DEVELOPMENT OF A CHILD CARE TRAINING INFRASTRUCTURE
IN THE GULF COAST REGION

SEC. 201. GRANTS.

(a) Authority.--The Secretary of Health and Human Services shall
award grants to eligible entities to develop distance learning child
care training technology infrastructures in the Gulf Coast Region and
to develop model technology-based training courses for child care
providers and child care workers in the Gulf Coast Region, to be
provided through distance learning programs made available through the
infrastructure. The Secretary shall, to the maximum extent possible,
ensure that such grants are awarded in those areas of the Gulf Coast
Region with the fewest training opportunities for child care providers.
(b) Eligibility Requirements.--To be eligible to receive a grant
under subsection (a), an entity shall--
(1) develop the technological and logistical aspects of the
infrastructure described in this section and have the
capability of implementing and maintaining the infrastructure;
(2) to the maximum extent possible, develop partnerships
with secondary schools, institutions of higher education, State
and local government agencies, and private child care
organizations for the purpose of sharing equipment, technical
assistance, and other technological resources, including--
(A) developing sites from which individuals may
access the training;
(B) converting standard child care training courses
to programs for distance learning; and
(C) promoting ongoing networking among program
participants; and
(3) develop a mechanism for participants to--
(A) evaluate the effectiveness of the
infrastructure, including the availability and
affordability of the infrastructure, and the training
offered through the infrastructure; and
(B) make recommendations for improvements to the
infrastructure.
(c) Application.--To be eligible to receive a grant under
subsection (a), an entity shall submit an application to the Secretary
at such time and in such manner as the Secretary may require, and that
includes--
(1) a description of the partnership organizations through
which the distance learning programs will be made available;
(2) the capacity of the infrastructure in terms of the
number and type of distance learning programs that will be made
available;
(3) the expected number of individuals to participate in
the distance learning programs; and
(4) such additional information as the Secretary may
require.
(d) Limitation on Fees.--No entity receiving a grant under this
section may collect fees from an individual for participation in a
distance learning program funded in whole or in part under this section
that exceed the pro rata share of the amount expended by the entity to
provide materials for the program and to develop, implement, and
maintain the infrastructure (minus the amount of the grant awarded
under this section).
(e) Rule of Construction.--Nothing in this section shall be
construed as requiring a child care provider to subscribe to or
complete a distance learning program made available under this section.

SEC. 202. DEFINITION.

In this title, the term ''Gulf Coast Region'' means the area in
which the President has declared that a major disaster exists, in
accordance with section 401 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5170), as a consequence of
Hurricanes Katrina and Rita.

SEC. 203. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated to carry out this title
$1,000,000 for each of fiscal years 2007 through 2009.

TITLE III--EMERGENCY CHILD CARE PROVIDER DEVELOPMENT AND RETENTION
GRANT PROGRAM IN THE GULF COAST REGION

SEC. 301. GRANTS.

(a) In General.--The Secretary of Health and Human Services shall
make grants available to eligible child care providers in the Gulf
Coast Region in accordance with this section, to improve the
qualifications and promote the retention of qualified child care
providers.
(b) Eligibility To Receive Grants.--To be eligible to receive a
grant under this section, a child care provider shall--
(1) have a child development associate credential (or
equivalent), an associate of the arts degree in the area of
child development or early child education, a baccalaureate
degree in the area of child development or early child
education, or a baccalaureate degree in an unrelated field; and
(2) be employed as a child care provider for not less than
1 calendar year, or (if the provider is employed on the date of
the eligibility determination in a child care program that
operates for less than a full calendar year) the program
equivalent of 1 calendar year, ending on the date of the
application for such grant, except that not more than 3 months
of education related to child development or to early child
education obtained during the corresponding calendar year may
be treated as employment that satisfies the requirements of
this paragraph.
(c) Preservation of Eligibility.--A State shall not take into
consideration whether a child care provider is receiving, may receive,
or may be eligible to receive any funds or benefits under any other
provision of this Act for purposes of selecting eligible child care
providers to receive grants under this section.

TITLE IV--CHILD CARE PROVIDER SCHOLARSHIP PROGRAM

SEC. 401. SCHOLARSHIP GRANTS.

(a) In General.--The Secretary of Health and Human Services shall
make scholarship grants available to eligible child care providers in
accordance with this section to improve their educational
qualifications to provide child care services.
(b) Eligibility Requirement for Scholarship Grants.--To be eligible
to receive a scholarship grant under this section, a child care
provider shall be employed as a child care provider for not less than 1
calendar year, or (if the provider is employed on the date of the
eligibility determination in a child care program that operates for
less than a full calendar year) the program equivalent of 1 calendar
year, ending on the date of the application for such grant.
(c) Selection of Grantees.--For purposes of selecting eligible
child care providers to receive scholarship grants under this section
and determining the amounts of such grants, a State shall not--
(1) take into consideration whether a child care provider
is receiving, may receive, or may be eligible to receive any
funds or benefits under any other provision of this Act, or
under any other Federal or State law that provides funds for
educational purposes; or
(2) consider as resources of such provider any funds such
provider is receiving, may receive, or may be eligible to
receive under any other provision of this Act, under any other
Federal or State law that provides funds for educational
purposes, or from a private entity.
(d) Cost-Sharing Required.--The amount of a scholarship grant made
under this section to an eligible child care provider shall be equal to
or less than the cost of the educational or training program for which
such grant is made.
(e) Annual Maximum Scholarship Grant Amount.--The maximum aggregate
dollar amount of a scholarship grant made to an eligible child care
provider under this section in a fiscal year shall be $7,500.
Emergency Child Care for the Gulf Coast Region Act of 2006 - Requires the Secretary of Health and Human Services to establish grant programs for: (1) businesses and consortia in the Gulf Coast Region to pay start-up costs and to provide additional child care services for employees; (2) nonprofit business organizations in the Region to provide technical assistance to such businesses for child care services; (3) entities to develop distance learning child care training technology infrastructures and model technology-based training courses for child care providers and workers in the Region; and (4) child care providers in the Region to improve the qualifications and promote the retention of such providers. Defines "Gulf Coast Region" to mean the area declared by the President to be a major disaster as a consequence of Hurricanes Katrina and Rita.

Requires the Secretary of Health and Human Services to make scholarship grants to child care providers to improve their educational qualifications to provide services.