instruction:
In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
question:
SECTION 1. SHORT TITLE.

This Act may be cited as the ''Teacher and Nurse Support Act of
2007''.

SEC. 2. FINDINGS AND PURPOSE.

(a) Findings.--Congress finds the following:
(1) According to the National Center for Education
Statistics, over the next 10 years, the United States will need
more than 2,000,000 new teachers to replace the teachers who
are retiring or leaving the classroom for other careers.
(2) The Hart-Rudman National Security Report on education
recommended that the President direct the Department of
Education to work with the States to devise a comprehensive
plan to avert a looming shortage of high-quality teachers.
(3) According to the National Center for Education
Statistics, 20 percent of all new teachers leave the teaching
profession within 3 years. Providing loan forgiveness or loan
cancellation is one step that would help retain high-quality
teachers in schools that need teachers.
(4) The American Hospital Association has reported more
than 118,000 unfilled registered nurse positions in hospitals
in the United States. Additionally, the National Commission on
Nursing Workforce for Long-Term Care released a report in May,
2005, stating that there are nearly 100,000 vacant nursing
positions in long-term care facilities on any given day, and
the nurse turnover rate exceeds 50 percent. The shortage is
costing long-term care facilities an estimated $4 billion a
year in recruitment and training expenses.
(5) College loans are more of a burden than ever for
students and families. According to a recent United States
Public Interest Research Group report, average student loan
debt almost doubled from $9,200 in 1992-1993 to $16,928 in
1999-2000.
(b) Purpose.--The purpose of this Act is to improve access to, and
the delivery of, high-quality educational and health services
throughout the United States by reducing the shortage of qualified
teachers and nurses.

SEC. 3. LOAN FORGIVENESS.

(a) Loan Forgiveness.--Section 428J of the Higher Education Act of
1965 (20 U.S.C. 1078-10) is amended to read as follows:

''SEC. 428J. LOAN FORGIVENESS FOR TEACHERS AND NURSES.

''(a) Statement of Purpose.--It is the purpose of this section to
encourage individuals to enter and continue in the teaching and nursing
professions.
''(b) Program Authorized.--
''(1) In general.--The Secretary shall carry out a program
to forgive, in accordance with this section, the student loan
debt of any borrower who has one or more loans described under
paragraph (2) made on or after October 1, 1998, and who--
''(A) has been employed--
''(i) as a full-time teacher--
''(I) in a school that qualifies
under section 465(a)(2)(A) for loan
cancellation for Perkins loan
recipients who teach in those schools;
''(II) if employed as a secondary
school teacher, is teaching a subject
area that is relevant to the borrower's
academic major as certified by the
chief administrative officer of the
public or nonprofit private secondary
school in which the borrower is
employed; and
''(III) if employed as an
elementary school teacher, has
demonstrated, as certified by the chief
administrative officer of the public or
nonprofit private elementary school in
which the borrower is employed,
knowledge and teaching skills in
reading, writing, mathematics, and
other areas of the elementary school
curriculum; or
''(ii) as a full-time eligible nurse--
''(I) in a clinical setting; or
''(II) as a member of the nursing
faculty at an accredited school of
nursing (as those terms are defined in
section 801 of the Public Health
Service Act (42 U.S.C. 296)); and
''(B) is not in default on a loan for which the
borrower seeks forgiveness.
''(2) Method of loan forgiveness.--To provide the loan
forgiveness authorized in paragraph (1), the Secretary shall,
subject to paragraph (3), carry out a program--
''(A) through the holder of the loan, to assume the
obligation to repay a qualified loan amount (as
determined under subsection (c)) for a loan made under
section 428 or 428H of this part; and
''(B) to cancel a qualified loan amount (as so
determined) for a Federal Direct Stafford Loan or a
Federal Direct Unsubsidized Stafford Loan made under
part D of this title;
''(3) Treatment of consolidation loans.--A loan amount for
a loan made under section 428C or section 455(g) may be a
qualified loan amount for the purposes of paragraph (2) only to
the extent that such loan amount was used to repay a loan made
under section 428 or 428H, a Federal Direct Stafford Loan, or a
Federal Direct Unsubsidized Stafford Loan for a borrower who
meets the requirements of paragraph (1), as determined in
accordance with regulations prescribed by the Secretary.
''(c) Qualified Loan Amount.--
''(1) In general.--
''(A) Aggregate amount.--The Secretary shall, in
installments in accordance with subparagraph (B),
forgive under this section not more than $17,500 in the
aggregate of the student loan obligation of a borrower.
''(B) Annual installments.--The Secretary shall
forgive the student loan obligation of a borrower in
annual installments after each of 5 years of service
described in clause (i) or (ii) of subsection
(b)(1)(A)(i) in an amount not to exceed the lesser of
the remaining outstanding obligation of the borrower
or--
''(i) $2,000 at the completion of the first
year of such service;
''(ii) $2,500 at the completion of the
second year of such service;
''(iii) $3,500 at the completion of the
third year of such service;
''(iv) $4,500 at the completion of the
fourth year of such service; and
''(v) $5,000 at the completion of the fifth
year of such service.
''(2) Forbearance on qualified loan amount.--A holder of a
loan on which a borrower is seeking forgiveness under this
section--
''(A) shall grant forbearance, at the request of
the borrower, in annual increments for each of the
years of qualifying service if the holder believes, at
the time of the borrower's annual request, that the
amount expected to be forgiven under this section at
the completion of the period of qualifying service will
satisfy the anticipated remaining outstanding balance
on the loan; and
''(B) may offer other forbearance options to the
borrower.
''(d) Regulations.--The Secretary is authorized to issue such
regulations as may be necessary to carry out the provisions of this
section.
''(e) Construction.--Nothing in this section shall be construed to
authorize any refunding of any repayment of a loan.
''(f) List of Schools.--If the list of schools in which a teacher
may perform service pursuant to subsection (b)(1)(A)(i) is not
available before May 1 of any year, the Secretary may use the list for
the year preceding the year for which the determination is made to make
the service determination.
''(g) Additional Eligibility Provisions.--
''(1) Continued eligibility for teachers.--Any teacher who
performs service in a school that--
''(A) meets the requirements of subsection
(b)(1)(A)(i)(I) in any year during such service; and
''(B) in a subsequent year fails to meet the
requirements of that subsection,
may continue to teach in the school and shall be eligible for
loan forgiveness pursuant to subsection (b).
''(2) Prevention of double benefits.--No borrower may, for
the same service, receive a benefit under both this subsection
and--
''(A) subtitle D of title I of the National and
Community Service Act of 1990 (42 U.S.C. 12571 et
seq.); or
''(B) section 846 of the Public Health Service Act
(42 U.S.C. 297n).
''(h) Definitions.--In this section:
''(1) Eligible nurse.--The term 'eligible nurse' means a
nurse who meets all of the following:
''(A) The nurse graduated from--
''(i) an accredited school of nursing (as
those terms are defined in section 801 of the
Public Health Service Act (42 U.S.C. 296));
''(ii) a nursing center; or
''(iii) an academic health center that
provides nurse training.
''(B) The nurse holds a valid and unrestricted
license to practice nursing in the State in which the
nurse practices in a clinical setting.
''(C) The nurse holds 1 or more of the following:
''(i) A graduate degree in nursing or
equivalent degree.
''(ii) A nursing degree from a collegiate
school of nursing (as defined in section 801 of
the Public Health Service Act (42 U.S.C. 296)).
''(iii) A nursing degree from an associate
degree school of nursing (as defined in section
801 of the Public Health Service Act (42 U.S.C.
296)).
''(iv) A nursing degree from a diploma
school of nursing (as defined in section 801 of
the Public Health Service Act (42 U.S.C. 296)).
''(2) Year.--The term 'year', where applied to service as a
teacher (or service as a member of the nursing faculty at an
accredited school of nursing (as those terms are defined in
section 801 of the Public Health Service Act (42 U.S.C. 296))),
means an academic year as defined by the Secretary.''.
(b) Repeal of Loan Cancellation Provision.--Section 460 of the
Higher Education Act of 1965 (20 U.S.C. 1087j) is repealed.

SEC. 4. PHASE OUT OF CURRENT PROGRAM.

An individual who began the required period of teaching described
in section 428J(b)(1) or 460(b)(1)(A) of the Higher Education Act of
1965 (20 U.S.C. 1078-10 and 1087j) as such sections were in effect on
the day before the date of enactment of this Act, shall--
(1) be eligible to receive loan forgiveness or loan
cancellation in the amount described in, and in accordance with
the requirements of, such sections as in effect on the day
before the date of enactment of this Act; and
(2) not be eligible to receive loan forgiveness under
section 428J of the Higher Education Act of 1965 as in effect
on the date of enactment of this Act.
answer:
Teacher and Nurse Support Act of 2007 - Amends the Higher Education Act of 1965 to increase to a maximum of $17,500 the aggregate student loan obligation eligible for forgiveness or cancellation under the Federal Family Education Loan or Direct Loan programs for teachers who serve full-time in certain elementary or secondary schools that enroll a high proportion of disadvantaged students.

Includes, under these student loan forgiveness and cancellation programs, nurses who serve in a clinical setting or as a member of the nursing faculty at an accredited school of nursing. Directs the Secretary of Education to repay such loan obligation in annual installments up to specified maximum amounts after each of five years of such service.

question:
SECTION 1. SHORT TITLE.

This Act may be cited as the ''Drug Trafficking Vessel Interdiction
Act of 2008''.

TITLE I--CRIMINAL PROHIBITION

SEC. 101. FINDINGS AND DECLARATIONS.

Congress finds and declares that operating or embarking in a
submersible vessel or semi-submersible vessel without nationality and
on an international voyage is a serious international problem,
facilitates transnational crime, including drug trafficking, and
terrorism, and presents a specific threat to the safety of maritime
navigation and the security of the United States.

SEC. 102. OPERATION OF SUBMERSIBLE VESSEL OR SEMI-SUBMERSIBLE VESSEL
WITHOUT NATIONALITY.

(a) In General.--Chapter 111 of title 18, United States Code, is
amended by adding at the end the following new section:
''Sec. 2285. Operation of submersible vessel or semi-submersible vessel
without nationality
''(a) Offense.--Whoever knowingly operates, or attempts or
conspires to operate, by any means, or embarks in any submersible
vessel or semi-submersible vessel that is without nationality and that
is navigating or has navigated into, through, or from waters beyond the
outer limit of the territorial sea of a single country or a lateral
limit of that country's territorial sea with an adjacent country, with
the intent to evade detection, shall be fined under this title,
imprisoned not more than 15 years, or both.
''(b) Evidence of Intent To Evade Detection.--For purposes of
subsection (a), the presence of any of the indicia described in
paragraph (1)(A), (E), (F), or (G), or in paragraph (4), (5), or (6),
of section 70507(b) of title 46 may be considered, in the totality of
the circumstances, to be prima facie evidence of intent to evade
detection.
''(c) Extraterritorial Jurisdiction.--There is extraterritorial
Federal jurisdiction over an offense under this section, including an
attempt or conspiracy to commit such an offense.
''(d) Claim of Nationality or Registry.--A claim of nationality or
registry under this section includes only--
''(1) possession on board the vessel and production of
documents evidencing the vessel's nationality as provided in
article 5 of the 1958 Convention on the High Seas;
''(2) flying its nation's ensign or flag; or
''(3) a verbal claim of nationality or registry by the
master or individual in charge of the vessel.
''(e) Affirmative Defenses.--
''(1) In general.--It is an affirmative defense to a
prosecution for a violation of subsection (a), which the
defendant has the burden to prove by a preponderance of the
evidence, that the submersible vessel or semi-submersible
vessel involved was, at the time of the offense--
''(A) a vessel of the United States or lawfully
registered in a foreign nation as claimed by the master
or individual in charge of the vessel when requested to
make a claim by an officer of the United States
authorized to enforce applicable provisions of United
States law;
''(B) classed by and designed in accordance with
the rules of a classification society;
''(C) lawfully operated in government-regulated or
licensed activity, including commerce, research, or
exploration; or
''(D) equipped with and using an operable automatic
identification system, vessel monitoring system, or
long range identification and tracking system.
''(2) Production of documents.--The affirmative defenses
provided by this subsection are proved conclusively by the
production of--
''(A) government documents evidencing the vessel's
nationality at the time of the offense, as provided in
article 5 of the 1958 Convention on the High Seas;
''(B) a certificate of classification issued by the
vessel's classification society upon completion of
relevant classification surveys and valid at the time
of the offense; or
''(C) government documents evidencing licensure,
regulation, or registration for commerce, research, or
exploration.
''(f) Federal Activities Excepted.--Nothing in this section applies
to lawfully authorized activities carried out by or at the direction of
the United States Government.
''(g) Applicability of Other Provisions.--Sections 70504 and 70505
of title 46 apply to offenses under this section in the same manner as
they apply to offenses under section 70503 of such title.
''(h) Definitions.--In this section, the terms 'submersible
vessel', 'semi-submersible vessel', 'vessel of the United States', and
'vessel without nationality' have the meaning given those terms in
section 70502 of title 46.''.
(b) Clerical Amendment.--The chapter analysis for chapter 111 of
title 18, United States Code, is amended by inserting after the item
relating to section 2284 the following:

''2285. Operation of submersible vessel or semi-submersible vessel
without nationality.''.

SEC. 103. SENTENCING GUIDELINES.

(a) In General.--Pursuant to its authority under section 994(p) of
title 28, United States Code, and in accordance with this section, the
United States Sentencing Commission shall promulgate sentencing
guidelines (including policy statements) or amend existing sentencing
guidelines (including policy statements) to provide adequate penalties
for persons convicted of knowingly operating by any means or embarking
in any submersible vessel or semi-submersible vessel in violation of
section 2285 of title 18, United States Code.
(b) Requirements.--In carrying out this section, the United States
Sentencing Commission shall--
(1) ensure that the sentencing guidelines and policy
statements reflect the serious nature of the offense described
in section 2285 of title 18, United States Code, and the need
for deterrence to prevent such offenses;
(2) account for any aggravating or mitigating circumstances
that might justify exceptions, including--
(A) the use of a submersible vessel or semi-
submersible vessel described in section 2285 of title
18, United States Code, to facilitate other felonies;
(B) the repeated use of a submersible vessel or
semi-submersible vessel described in section 2285 of
title 18, United States Code, to facilitate other
felonies, including whether such use is part of an
ongoing criminal organization or enterprise;
(C) whether the use of such a vessel involves a
pattern of continued and flagrant violations of section
2285 of title 18, United States Code;
(D) whether the persons operating or embarking in a
submersible vessel or semi-submersible vessel willfully
caused, attempted to cause, or permitted the
destruction or damage of such vessel or failed to heave
to when directed by law enforcement officers; and
(E) circumstances for which the sentencing
guidelines (and policy statements) provide sentencing
enhancements;
(3) ensure reasonable consistency with other relevant
directives, other sentencing guidelines and policy statements,
and statutory provisions;
(4) make any necessary and conforming changes to the
sentencing guidelines and policy statements; and
(5) ensure that the sentencing guidelines and policy
statements adequately meet the purposes of sentencing set forth
in section 3553(a)(2) of title 18, United States Code.

TITLE II--CIVIL PROHIBITION

SEC. 201. OPERATION OF SUBMERSIBLE VESSEL OR SEMI-SUBMERSIBLE VESSEL
WITHOUT NATIONALITY.

(a) Finding and Declaration.--Section 70501 of title 46, United
States Code, is amended--
(1) by inserting ''(1)'' after ''that''; and
(2) by striking ''States.'' and inserting ''States and (2)
operating or embarking in a submersible vessel or semi-
submersible vessel without nationality and on an international
voyage is a serious international problem, facilitates
transnational crime, including drug trafficking, and terrorism,
and presents a specific threat to the safety of maritime
navigation and the security of the United States.''.

SEC. 202. OPERATION PROHIBITED.

(a) In General.--Chapter 705 of title 46, United States Code, is
amended by adding at the end thereof the following:
''Sec. 70508. Operation of submersible vessel or semi-submersible
vessel without nationality
''(a) In General.--An individual may not operate by any means or
embark in any submersible vessel or semi-submersible vessel that is
without nationality and that is navigating or has navigated into,
through, or from waters beyond the outer limit of the territorial sea
of a single country or a lateral limit of that country's territorial
sea with an adjacent country, with the intent to evade detection
''(b) Evidence of Intent To Evade Detection.--In any civil
enforcement proceeding for a violation of subsection (a), the presence
of any of the indicia described in paragraph (1)(A), (E), (F), or (G),
or in paragraph (4), (5), or (6), of section 70507(b) may be
considered, in the totality of the circumstances, to be prima facie
evidence of intent to evade detection.
''(c) Defenses.--
''(1) In general.--It is a defense in any civil enforcement
proceeding for a violation of subsection (a) that the
submersible vessel or semi-submersible vessel involved was, at
the time of the violation--
''(A) a vessel of the United States or lawfully
registered in a foreign nation as claimed by the master
or individual in charge of the vessel when requested to
make a claim by an officer of the United States
authorized to enforce applicable provisions of United
States law;
''(B) classed by and designed in accordance with
the rules of a classification society;
''(C) lawfully operated in government-regulated or
licensed activity, including commerce, research, or
exploration; or
''(D) equipped with and using an operable automatic
identification system, vessel monitoring system, or
long range identification and tracking system.
''(2) Production of documents.--The defenses provided by
this subsection are proved conclusively by the production of--
''(A) government documents evidencing the vessel's
nationality at the time of the offense, as provided in
article 5 of the 1958 Convention on the High Seas;
''(B) a certificate of classification issued by the
vessel's classification society upon completion of
relevant classification surveys and valid at the time
of the offense; or
''(C) government documents evidencing licensure,
regulation, or registration for research or
exploration.
''(d) Civil Penalty.--A person violating this section shall be
liable to the United States for a civil penalty of not more than
$1,000,000.''
(b) Conforming Amendments.--
(1) The chapter analysis for chapter 705 of title 46,
United States Code, is amended by inserting after the item
relating to section 70507 the following:

''70508. Operation of submersible vessel or semi-submersible vessel
without nationality.''.
(2) Section 70504(b) of title 46, United States Code, is
amended by inserting ''or 70508'' after ''70503''.
(3) Section 70505 of title 46, United States Code, is
amended by striking ''this title'' and inserting ''this title,
or against whom a civil enforcement proceeding is brought under
section 70508,''.

SEC. 203. SUBMERSIBLE VESSEL AND SEMI-SUBMERSIBLE VESSEL DEFINED.

Section 70502 of title 46, United States Code, is amended by adding
at the end thereof the following:
''(f) Semi-Submersible Vessel; Submersible Vessel.--In this
chapter:
''(1) Semi-submersible vessel.--The term 'semi-submersible
vessel' means any watercraft constructed or adapted to be
capable of operating with most of its hull and bulk under the
surface of the water, including both manned and unmanned
watercraft.
''(2) Submersible vessel.--The term 'submersible vessel'
means a vessel that is capable of operating completely below
the surface of the water, including both manned and unmanned
watercraft.''.
answer:
Drug Trafficking Vessel Interdiction Act of 2008 - Amends the federal criminal code to impose a fine and/or prison term of up to 15 years for knowingly operating or attempting or conspiring to operate by any means, or for embarking in, any submersible or semi-submersible vessel that is without nationality and that is navigating or has navigated into, through, or from waters beyond the outer limit of the territorial sea of a single country or a lateral limit of that country's territorial sea with an adjacent country, with the intent to avoid detection. Imposes an additional civil fine of up to $1 million for violations.

question:
SECTION 1. SHORT TITLE.

This Act may be cited as the ''Consumer Debit Card Protection
Act''.

SEC. 2. CONGRESSIONAL FINDINGS.

The Congress finds the following:
(1) There has been a recent trend toward issuing debit
cards which can be used like credit cards, largely as
replacements for debit cards which could be used only with a
personal identification number at automated teller machines and
a limited number of retail establishments.
(2) According to industry analysts, as many as 1,300,000
new debit cards which can be used like credit cards are issued
each month.
(3) If current trends continue, debit cards that can be
used like credit cards will soon rival the popularity of credit
cards and some banking experts predict that more than /3\ of
the households in the United States will have such a card by
the year 2000.
(4) Many times, debit cards that can be used like credit
cards have been issued without providing adequate disclosure
that--
(A) the card may be used to initiate an electronic
fund transfer without the use of a personal
identification number or similar code or means of
access; and
(B) even though the card may carry a logo
associated with credit cards, the card is not a credit
card and the consumer may bear a significantly larger
liability for an unauthorized transaction involving
such debit card than would be the case for a similar
unauthorized transaction involving a credit card.
(5) Thus, millions of Americans are--
(A) receiving cards in a form they didn't request;
and
(B) are carrying such cards around with them--
(i) without realizing that the cards have
an expanded capability without the protections
against unauthorized transfers which are
typical of cards issued to make cash
withdrawals from automated teller machines; and
(ii) without fully appreciating the risks
associated with such cards.
(5) Economic stimulation would be enhanced and competition
among the various financial institutions and other companies
which issue debit cards would be strengthened by the informed
use of debit cards by consumers.

SEC. 3. DEBIT CARD CONSUMER PROTECTION.

(a) Issuance of Debit Cards.--Section 911 of the Electronic Fund
Transfer Act (15 U.S.C. 1693i) is amended by adding at the end the
following new subsections:
''(d) Warning to Consumer.--
''(1) In general.--If, in response to a request or
application by a consumer for a card for use in initiating
electronic fund transfers at automated teller machines and
other electronic terminals which require a code or other unique
form of identification in order to access the account of the
consumer, a financial institution issues a card which can be
used to initiate electronic fund transfers from the account of
the consumer without the protection of a code or other means of
access which uniquely identifies the consumer, the issuer of
such card shall include a statement in bold type in a prominent
and conspicuous location on such card, or on a notice
accompanying the card, which warns the consumer that such card
can be used without a code or means of access which uniquely
identifies the consumer and protects the consumer from
unauthorized transfers.
''(2) Replacement cards.--Paragraph (1) shall not apply
with respect to a card issued as a replacement for, or in
renewal of, a card previously issued to the consumer which can
be used to initiate electronic fund transfers from the account
of the consumer without the protection of a code or other means
of access which uniquely identifies the consumer.
''(3) Signature not treated as means of access which
uniquely identifies consumer.--A signature shall not be treated
as a means of access which uniquely identifies the consumer for
purposes of this section.
''(e) Preference of Consumer.--If--
''(1) in response to a request or application by a consumer
for a card for use in initiating electronic fund transfers at
automated teller machines and other electronic terminals which
requires a code or other unique form of identification in order
to access the account of the consumer, a financial institution
issues a card which can be used to initiate electronic fund
transfers from the account of the consumer without the
protection of a code or other means of access which uniquely
identifies the consumer; and
''(2) the consumer refuses to accept the card as issued,
the issuer shall promptly issue such consumer a card which requires a
code or other unique form of identification in order to access the
account of the consumer.''.
(b) Liability of Consumer for Unauthorized Transfers.--
(1) Consumer liability limited to $50.--Section 909(a) of
the Electronic Fund Transfer Act (15 U.S.C. 1693g(a)) is
amended by striking the penultimate sentence and the last
sentence.
(2) Consumer not liable if the only form of identification
required is a signature.--The 1st sentence of section 909(a) of
the Electronic Fund Transfer Act (15 U.S.C. 1693g(a)) is
amended by striking ''signature, photograph,'' and inserting
''photograph''.
(c) Provisional Recredit Provisions.--
(1) Provisional recredit after 3 days.--Section 908(c) of
the Electronic Fund Transfer Act (15 U.S.C. 1693f(c)) is
amended by striking ''ten business days'' and inserting ''3
business days''.
(2) Provisional recredit required upon notice of error
involving transactions initiated without code or unique
access.--
(A) In general.--Section 908(c) of the Electronic
Fund Transfer Act (as amended by paragraph (1) of this
subsection) is amended--
(i) by striking ''(c) If a financial
institution'' and inserting ''(c) Provisional
Recredit in Case of Error.--
''(1) In general.--If a financial institution''; and
(ii) by adding at the end the following new
paragraph:
''(2) Provisional recredit required upon notice of error
involving transactions initiated without code or unique
access.--Notwithstanding any other provision of this section,
if a financial institution receives notice of an error
involving an electronic fund transfer initiated by the use of a
card without a code or means of access which uniquely
identifies the consumer--
''(A) the financial institution shall provisionally
recredit the consumer's account for the amount alleged
to be in error, subject to section 909, including
interest where applicable, before the end of the 3-
business-day period beginning on the date the
institution receives such notice;
''(B) the institution shall complete an
investigation and make a determination of whether an
error has occurred before the end of the 45-day period
beginning on such date; and
''(C) the consumer shall have full use of the funds
provisionally recredited until such determination is
made.''.
(B) Technical and conforming amendment.--The last
sentence of section 908(a) is amended by striking
''subsection (c), nor shall the financial institution
be'' and inserting ''subsection (c) until such written
confirmation is received, and the financial institution
shall not be''.
(d) Requirement Relating to Consumer Inquiries and Notices.--
Section 906(c)(4) of the Electronic Fund Transfer Act (15 U.S.C.
1693d(c)(4)) is amended by striking ''the address and telephone
number'' and all that follows through the 1st period and inserting
''the address and telephone number at which the financial institution
can be contacted directly by the consumer for purposes of notifying the
institution of an error (including an unauthorized transaction) with
regard to the consumer's account, for purposes of notifying the
institution of the loss or theft of a card, code, or other means of
access to such account, or for purposes of making any inquiry with
regard to the statement or the account. The information provided under
this paragraph shall include a detailed description of the procedures
required to be followed by the consumer in providing any such notice,
any requirement that any such notice be in writing, any applicable time
limits for providing any such notice and the consequences of any
failure by the consumer to meet any such time limit, and any other
information the Board may require, by regulation, in order to ensure
that the rights of the consumer under this title are fully
protected.''.
(e) Disclosures Required as Precondition for Consumer Liability for
Unauthorized Transfers.--The 1st sentence of section 909(a) of the
Electronic Fund Transfer Act (15 U.S.C. 1693g(a)) (as amended by
subsection (b)(2) of this section) is amended--
(1) by striking ''means of access and if the issuer'' and
inserting ''means of access, if the issuer''; and
(2) by inserting '', if, in the most recent statement of
account, such issuer has provided the consumer with the
information required under section 906(c)(4), and if, in the
case of an unauthorized transfer initiated by the use of a card
without the protection of a code or other means of access which
uniquely identifies the consumer, the issuer complied with the
requirements of section 911(d)(1) at the time such card (or any
card for which such card is a replacement) was issued to the
consumer'' before the period at the end of such sentence.
(f) Prohibition on Fees for Insufficient Funds in Case of Certain
Unauthorized Transfers.--Section 909 of the Electronic Fund Transfer
Act (15 U.S.C. 1693g) is amended by adding at the end the following new
subsection:
''(f) Prohibition on Certain Fees.--
''(1) In general.--A consumer shall not be liable for any
fee imposed by a financial institution for insufficient funds
in the account of the consumer if the lack of sufficient funds
in such account is due to an unauthorized electronic fund
transfer (from such account) initiated by the use of a card
without the protection of a code or other means of access which
uniquely identifies the consumer.
''(2) Prompt recredit of prior fees.--Upon receiving notice
from a consumer of an alleged unauthorized transaction, a
financial institution shall promptly credit the account of a
consumer for any fee described in paragraph (1) which was
imposed before such notice was received.''.
answer:
Consumer Debit Card Protection Act - Amends the Electronic Fund Transfer Act with respect to a financial institution which issues electronic fund transfer cards for consumer accounts without a means of unique individual identification. Requires such an institution to include on the card a prominent and conspicuous consumer protection warning that the card can be used without a code or unique identifier. Provides that, if a consumer applies for a card requiring a code or other unique identifier, the institution issues a card without such an identifier, and the consumer refuses to accept it, the institution shall promptly issue the consumer a card which does require such a code or identifier to access a consumer account. Declares that a signature shall not be treated as a unique identifier.
Repeals guidelines governing consumer reimbursement and maximum liability for losses caused by the consumer's failure to timely report unauthorized electronic fund transfers. Limits consumer liability to a $50 maximum in all circumstances.
Excepts a consumer from liability for unauthorized electronic fund transfers if the only required form of identification is a signature.
Reduces from ten to three business days the period within which a financial institution may provide a provisional recredit of a consumer's account upon timely notice of error. Mandates provisional recredit of a consumer's account, including interest, upon receipt of notice of an error involving an electronic fund transfer initiated by the use of a card without a means of access which uniquely identifies the consumer.
Modifies the loss or theft of card notification information required on monthly account statements as a precondition for consumer liability for unauthorized transfers.
Precludes consumer liability for fees for insufficient funds due to an unauthorized electronic fund transfer executed by the use of a card lacking a protective device to serve as a unique identifier of the rightful consumer. Requires prompt recrediting of the consumer's account for any fee imposed before receipt of the consumer's notice of an unauthorized electronic fund transfer.