United States · United States Congress · 15 June 1995
TABLE OF CONTENTS: Title I: Reductions in Government Overregulation Subtitle A: The Home Mortgage Process Subtitle B: Community Reinvestment Act Amendments Subtitle C: Consumer Banking Reforms Subtitle D: Equal Credit Opportunity Act Amendments Subtitle E: Consumer Leasing Act Amendments Subtitle F: Federal Home Loan Bank Amendments Title II: Streamlining Government Regulations Subtitle A: Regulatory Approval Issues Subtitle B: Streamlining of Government Regulations; Miscellaneous Provisions Title III: Lender Liability Financial Institutions Regulatory Relief Act of 1995 - Title I: Reductions in Government Overregulation - Subtitle A: The Home Mortgage Process - Amends the Real Estate Settlement Procedures Act (RESPA) to transfer regulatory authority from the Secretary of Housing and Urban Development to the Board of Governors of the Federal Reserve System (the Board). Eliminates redundant regulators by adding certain administrative enforcement provisions. (Sec. 102) Amends the Truth in Lending Act (TILA) and RESPA to provide for comparability of terms. (Sec. 103) Provides for increased regulatory flexibility and exemptive authority for the Board under TILA. (Sec. 104) Amends RESPA to repeal requirements that for certain federally related mortgage loans the lender disclose: (1) that it has previously assigned, sold, or transferred the servicing of such loans, or, during the most recent three-year period, a specified percentage of them; and (2) in the case of a lender who does not service federally related loans, a present intent to assign, sell or transfer them. Repeals the mandate for model disclosure statements. Excises from the definition of "federally related mortgage loan" any loan secured by a subordinate lien on residential real property (thereby removing second mortgages from RESPA restrictions). Directs the Board to ensure that regulations pertaining to business credit exemption from RESPA jurisdiction include all business credit exempted from TILA. (Sec. 105) Permits alternative disclosures for adjustable rate home mortgages which state that a monthly payment may increase or decrease significantly due to annual percentage rate increases. (Current law requires table illustrations of how a rate increase or decrease affects monthly payments.) Grants creditors the option of disclosing, in any variable interest rate residential mortgage transaction secured by the consumer's principal dwelling with greater than a one-year term, either a statement that the monthly payment may change substantially, or an historical example illustrating the effects of interest rate changes implemented according to the loan program. (Sec. 106) Excludes from the determination of finance charges (thereby exempting them from TILA disclosure requirements) those fees imposed by unaffiliated third parties that are neither expressly required nor retained by the creditor (including settlement agents, attorneys, and escrow and title companies). Exempts from the required computation of finance charge: (1) certain taxes on security instruments or evidences of indebtedness (if they are otherwise itemized and disclosed); and (2) fees for preparation of loan documents, as well as appraisal fees related to pest infestations, premises and structural inspections, and flood hazards. (Sec. 107) Denies the right of rescission to certain refinancings or consolidations of debt that are secured by a lien on a consumer's principal dwelling. (Sec. 108) Permits finance charge disclosures for certain consumer credit transactions to vary within a specified accuracy tolerance range. Sets disclosure accuracy guidelines for per diem interest rates. (Sec. 109) Amends TILA to establish certain limitations on liability, including: (1) limitations on liability for disclosures relating to certain fees and charges other than finance charges; and (2) an exemption from liability for finance charge disclosures within specified tolerance limits. (Sec. 111) Sets forth a limitation on the rescission period under TILA. (Sec. 112) Revises TILA provisions for the calculation of actual damages. (Sec. 113) States that the servicer of a consumer obligation arising from a consumer credit transaction shall not be treated as an assignee of an obligation unless the servicer owns it. (Sec. 114) Revises certain TILA provisions for recovery of fees. (Sec. 115) Amends the Housing and Urban Development Act of 1968 to repeal the mandate for homeownership debt counseling availability notification. (Sec. 116) Amends the Home Mortgage Disclosure Act of 1975 to increase the maximum asset-size of institutions exempt from its purview from $10 million to $50 million. Authorizes the Board to exempt from the Act's disclosure requirements institutions whose asset-size is over $50 million if the burden of compliance outweighs the usefulness of the requisite information, unless it is reasonable to believe that the institution is not fulfilling its obligations to serve the housing needs of the communities and neighborhoods in which it is located. Declares that a depository institution shall be deemed to have satisfied the public availability notification requirements for its mortgage loan transactions if its branch offices provide notice of the availability upon request of the information from the home office. Subtitle B: Community Reinvestment Act Amendments - Amends the Community Reinvestment Act of 1977 (CRA) to revise the expression of congressional intent to prohibit a supervisory agency from imposing additional burdens, recordkeeping, or reporting when examining financial institutions. (Sec. 122) Exempts a regulated financial institution from the examination requirements of, or any regulations issued under, CRA if: (1) its main office (and each branch) is located in a local government unit, outside a metropolitan statistical area, with a population of not more than 30,000; and (2) the institution and its parent bank holding company have aggregate assets of not more than $100 million. (Sec. 123) Provides for self-certification of CRA compliance by certain "satisfactory" or "outstanding" financial institutions with assets of $250 million or less, subject to certain public notice requirements. (Sec. 124) Sets forth community input and conclusive rating requirements, including requirements for publication of exam schedule, opportunity for comment, evaluation by the appropriate Federal financial supervisory agency of how the institution meets community needs, and procedures for requests for reconsideration of the resulting rating. (Sec. 125) Defines a "special purpose bank" as one that does not generally accept retail deposits, such as a credit card bank or a trust bank. Mandates that, in conducting assessments of financial institutions, the appropriate Federal regulatory agency: (1) take into consideration the nature of the businesses of special purpose banks; and (2) develop standards under which they may be deemed to comply with CRA requirements that are consistent with the specific nature of such businesses. (Sec. 126) Gives institutions credit, for purposes of satisfying CRA requirements, for investments in, and loans, to minority or women's depository institutions and joint ventures or other entities or projects providing benefits to distressed communities, whether such institutions or communities are located within or outside of the regulated financial institution's service area. (Sec. 127) Prohibits regulations requiring certain additional recordkeeping and reporting under CRA. (Sec. 128) Applies a requirement of metropolitan area distinctions, with respect to the public section of written institution evaluations, only to institutions that maintain domestic branches in two or more States. (Sec. 129) Amends the Federal Home Loan Bank Act to make certain community investment or service reporting requirements inapplicable to members receiving an outstanding or satisfactory grade under specified CRA provisions. Subtitle C: Consumer Banking Reforms - Amends the Truth in Savings Act (TISA) to: (1) repeal the finding of the Congress that uniformity in the disclosure of terms and conditions on which interest is paid and fees are assessed would strengthen consumer ability to verify deposit accounts and make informed decisions; and (2) replace the current purpose requiring clear, uniform disclosure of interest rates and fees, with one requiring depository institutions to pay interest on the daily full amount of principal in interest-bearing consumer deposit accounts at the agreed-upon rate of interest. (Sec. 131) Repeals TISA disclosure requirements pertaining to interest rates and terms of accounts, including: (1) account schedules; (2) disclosure requirements for certain accounts; (3) schedule distribution; (4) clear and conspicuous disclosure in periodic statements of interest earned and charges imposed; (5) guidelines for Board regulations, including model forms and clauses for common disclosures to facilitate compliance; (6) civil liability for non-compliance with disclosure requirements; and (7) preemption of State law disclosure requirements. Excises the following definitions to reflect repeals made by this Act: (1) annual percentage yield; (2) annual rate of simple interest; (3) deposit broker; and (4) multiple rate account. (Sec. 132) Amends the Electronic Fund Transfer Act (EFTA) and TILA to identify conditions giving rise to cardholder liability for unauthorized electronic fund transfers or unauthorized use of credit cards. (Sec. 134) Amends the Federal Deposit Insurance Act (FDIA) to allow depository institutions (including affiliates and subsidiaries) to exchange information without limitation if such information sharing is disclosed and the consumer has opportunity beforehand to direct that the information not be communicated. (Sec. 135) Revises EFTA definitions of: (1) accepted card or other means of access; and (2) account. Subtitle D: Equal Credit Opportunity Act Amendments - Equal Credit Opportunity Act Amendments of 1995 - States that the purpose of this Act is to combine the adverse action notification requirements of the Equal Credit Opportunity Act (ECOA) and the Fair Credit Reporting Act (FCRA) with respect to consumer credit applications and to make information which must be furnished more understandable. (Sec. 143) Revises ECOA notification requirements regarding adverse actions against credit applicants. Shields from liability for non-compliance persons who show by a preponderance of the evidence that they maintained reasonable procedures to assure compliance with such requirements at the time of the alleged violation. (Sec. 144) Revises specified FCRA disclosure requirements for users of consumer reports to eliminate such requirements for credit denials and adverse actions based on reports of persons other than consumer reporting agencies. (Sec. 145) Amends ECOA and the Fair Housing Act to add incentives for self-testing by prohibiting review, examination, or acquisition by: (1) an applicant in any legal proceeding of a creditor's self-procured test or review of its lending activities; or (2) an applicant or aggrieved party of a person's self-procured test or review of its residential real estate or real estate-related activities. (Sec. 146) Provides that creditors shall be deemed in compliance with ECOA nondiscrimination requirements with respect to any credit decision based solely on the use of an empirically derived, demonstrably and statistically sound, credit scoring system if such system does not use: (1) any protected category of applicant; or (2) any criterion so directly associated as to be a functional equivalent of such a category (does not preclude using age as a factor in such a system as otherwise permitted under ECOA). Subtitle E: Consumer Leasing Act Amendments - Consumer Leasing Act Amendments of 1995 - Amends the Consumer Credit Protection Act (CCPA) to direct the Board to: (1) write regulations or staff commentary to update and clarify requirements and definitions for lease disclosures, contracts, and other issues related to consumer leasing which would carry out the purposes of the Consumer Leasing Act; and (2) publish model disclosure forms and clauses to facilitate compliance with such disclosure requirements and aid the consumer in understanding the transaction. (Sec. 154) Revises CCPA provisions for consumer lease disclosures to require prior separate leasing disclosures of specified items in a tabular format. (Sec. 155) Revises CCPA provisions relating to consumer lease advertising, repealing special requirements for radio advertisements. Subtitle F: Federal Home Loan Bank Amendments - Amends the Federal Home Loan Bank Act (FHLBA) to revise an FHLB system membership eligibility location requirement. (Sec. 162) Revises FHLBA audit provisions to: (1) prohibit the FHFB from participating in the hiring of external auditors by banks; (2) permit the FHFB to establish requirements for external audit contracts and accounting standards; and (3) require all 12 banks to contract for an annual audit with a single provider. Title II: Streamlining Government Regulations - Subtitle A: Regulatory Approval Issues - Amends the Bank Holding Company Act (BHCA) to identify criteria for a well-capitalized and well-managed banking organization under which an acquisition of shares in a nonbanking or another banking organization by a bank holding company, or a merger or consolidation between registered bank holding companies, shall be deemed to be approved. (Current law requires prior Board approval.) (Sec. 203) Amends the FDIA to cite conditions under which prior approval is not required for any merger, consolidation, asset acquisition, or liabilities assumption, involving only insured depository institution subsidiaries of the same depository institution holding company. (Sec. 204) Permits any insured depository institution to participate in optional conversion transactions between members of the Bank Insurance Fund and the Savings Association Insurance Fund (Oakar transactions) without the prior written approval of the responsible agency. Repeals guidelines for agency approval of such transactions (but retains the proscription against transactions which result in the transfer of any insured depository institution's Federal deposit insurance from one Federal deposit insurance fund to the other). (Sec. 205) Amends the Home Owners' Loan Act to remove from its regulatory purview a bank holding company subject to the BHCA. Revises the definition of "savings and loan holding company" to exclude a bank holding company under BHCA jurisdiction. Provides that acquisition of a savings association by a bank holding company under BHCA jurisdiction obviates approval by the Director of the Office of Thrift Supervision. (Sec. 206) Amends the BHCA to repeal the provision that shares transferred by a bank holding company to a transferee under its control are deemed to be under such holding company's control unless the Board determines otherwise and approves the divestiture. (Sec. 207) Amends the Revised Statutes, the Federal Reserve Act (FRA), and the FDIA to delineate conditions under which prior approval is not required for well-capitalized and well-managed banks within their purview to establish and operate a branch or seasonal agency. (Sec. 208) Amends the Revised Statutes and the FDIA to exclude from the definition of "branch" an automated teller machine or remote service unit (thus removing those entities from such Acts' approval requirements). (Sec. 209) Amends the FRA to exempt well-capitalized and well-managed banks from the approval requirement for investments in bank premises. (Sec. 210) Amends the FDIA to repeal the requirement that the appropriate Federal banking agency be notified prior to the appointment or addition of a new director or senior executive officer if the affected insured depository institution or depository institution holding company has: (1) been chartered less than two years; or (2) undergone a change in control within the preceding two years. (Sec. 211) Repeals the requirement for a hearing in the determination of new nonbanking activities. Subtitle B: Streamlining of Government Regulations; Miscellaneous Provisions - Amends the Revised Statutes to repeal the aggregate minimum per-branch capital requirements imposed upon a national banking association and its branches. (Sec. 222) Amends the FDIA to exclude automated teller machines and bank branches in specified merger or relocation situations from the definition of "bank branch" (thus exempting them from Federal bank closure notification requirements). Makes such exemption retroactive to the enactment of the Federal Deposit Insurance Corporation Improvement Act of 1991. (Sec. 223) Amends the Depository Institutions Management Interlocks Act to exempt management officials of depository institutions or holding companies with small (under 20 percent) market shares from prohibitions against dual service with unaffiliated institutions or companies in the same geographic banking market. Raises from $1 billion to $2 billion the asset-size ceiling beneath which a depository institution or depository holding company may retain directors and management officials performing dual service for nonaffiliated institutions whose total assets do not exceed $1 billion (currently $500 million). Authorizes Federal regulatory agencies to adjust such ceiling annually for cost-of-living increases. Extends a specified grandfather exemption which allows certain management officials to continue dual service despite interlocks prohibitions (thus permitting them to continue their dual service permanently). (Sec. 224) Abolishes the Appraisal Subcommittee established under the Federal Financial Institutions Council Act of 1978, and consolidates its functions with the Financial Institutions Examination Council. Amends the Financial Institutions Reform, Recovery and Enforcement Act of 1989 (FIRREA) to revise provisions relating to rosters of State certified or licensed appraisers. Provides for reduction of assessments on appraisers. (Sec. 225) Amends the FRA to exempt from its proscription against preferential lending terms to executive officers, directors, or principal shareholders (insider lending) loans made pursuant to a benefit or compensation program widely available to employees of the member bank. Expands the Board's authority to waive the proscription against such preferential terms for certain executive officers and directors of subsidiary banks. Repeals the requirement that: (1) an executive officer indebted to a bank over a certain lawful amount submit a written report of such debt to the board of directors; and (2) a member bank include in its condition of report all loans to executive officers made since its previous report. Amends the FDIA to repeal Federal banking agency authority to require banks to disclose loans made to their executive officers or principal shareholders. Amends the Bank Holding Company Act Amendments of 1970 to repeal the requirement that bank executive officers and stockholders who own more than a ten percent controlling interest report to the bank's board of directors those loans made to them by a bank maintaining a correspondent account. (Sec. 226) Amends the FDIA to: (1) expand from 18 to 24 months the discretionary timeframe for mandatory on-site examinations of certain small-sized depository institutions; and (2) allow the appropriate Federal banking agency to increase from $175 million to $250 million the asset-size ceiling on such small institutions. (Sec. 227) Amends the Right to Financial Privacy Act to require a Government authority to reimburse a financial institution for assembling or providing the financial records of corporate customers. (Sec. 228) Amends specified Federal monetary law to repeal the Secretary of the Treasury's authority to require financial institutions to identify nonbank financial institution customers. (Sec. 229) Requires each appropriate Federal banking agency to conduct a paperwork reduction review, and eliminate any requirements for unnecessary internal written policies. (Sec. 230) Amends the Federal Deposit Insurance Corporation Improvement Act of 1991 to repeal the mandate that: (1) insured depository institutions annually include information on small businesses and small farm lending in their reports of condition; and (2) the Board publish annually information on credit availability to small businesses. (Sec. 231) Instructs the Secretary of the Treasury to revise the daily confirmation requirement under the Securities Exchange Act of 1934 concerning hold-in custody repurchase agreements to permit the counterparty to the agreement to waive such confirmation upon receipt of certain disclosures. (Sec. 232) Requires the Financial Institutions Examination Council to review regulations within every ten-year period and report thereon to the Congress. (Sec. 233) Amends the International Lending Supervision Act to change from mandatory to discretionary the duty of each appropriate Federal banking agency to: (1) require a banking institution to maintain a special reserve whenever the quality of its assets has been impaired by protracted inability of debtors in a foreign country to make payments; (2) analyze the results of foreign loan rescheduling negotiations and attendant loan risks; and (3) ensure that bank capital and reserve positions are adequate to accommodate potential losses on foreign loans. Repeals the mandate for Federal banking regulatory agencies to: (1) review foreign country loan risks incurred by domestic banks; and (2) provide direction to such institutions regarding additions to bank-maintained general reserves for potential loan losses arising from such risks. (Sec. 234) Amends FDIA financial management accountability guidelines to: (1) repeal certain internal control evaluation and reporting attestation requirements for independent public accountants; (2) eliminate the use of independent public accountants to detect and report violations of law by an insured depository institution or depository institution holding company; (3) alter the makeup of independent audit committees from being composed entirely of outside directors independent of institution management, to being composed of a majority of independent directors; and (4) require each appropriate Federal banking agency to exempt from independent audit committee requirements any insured depository institution that has encountered hardships in retaining competent directors on such committee. (Sec. 235) Amends the FDIA and the Federal Credit Union Act to: (1) reinstate a showing of irreparable and immediate harm as a prerequisite to attachment of assets by the Federal Deposit Insurance Corporation (FDIC) and other injunctive relief; and (2) confer oversight authority on the FDIC to prohibit removal of assets in cease and desist proceedings if it results in immediate and irreparable harm. (Sec. 236) Amends the FDIA to: (1) exclude outside directors from the primary definition of an "institution-affiliated party" but include them in such definition as independent contractors if they have knowingly or recklessly participated in certain prohibited activities; and (2) revise the definition of "deposit broker" to specify any institution that is undercapitalized (currently any institution that is not well capitalized). (Sec. 238) Amends the Riegle Community Development and Regulatory Improvement Act of 1994 to extend the transition period for new regulations. (Sec. 239) Amends the International Banking Act of 1978 to: (1) change from required to discretionary current criteria governing Board approval of foreign bank applications to establish a U.S. presence; and (2) make the purpose of the Board's review a determination whether application approval would place at risk the safe and sound operation of the domestic banking system. (Sec. 240) Replaces the current requirement that the Board coordinate foreign bank examinations with the Comptroller of the Currency, the FDIC, and the appropriate State bank supervisor with a requirement merely to rely upon their examination reports. Subjects foreign banks to the same on-site examination schedule and examination fee collections as apply to domestic banks. (Sec. 241) Amends TILA to redefine "mortgage" as a consumer credit transaction secured by a subordinate mortgage on the consumer's principal dwelling. Repeals the exclusion of a residential mortgage transaction from such definition (thus permitting its inclusion). (Sec. 242) Prohibits: (1) the Comptroller of the Currency from taking any action (or inaction) which would have the effect of permitting a national bank to provide insurance as principal, agent or broker; and (2) a national bank from engaging in any such activity (except to the extent that it was authorized for national banks as of June 12, 1995). Title III: Lender Liability - Amends the FDIA to prescribe guidelines for lender, fiduciary, and Federal banking and lending agency environmental liabilities.
United States · United States Congress · 15 June 1995
Employment Non-Discrimination Act of 1995 - Prohibits employment discrimination on the basis of sexual orientation by covered entities, including an employing authority to which specified provisions of the Government Employee Rights Act of 1991 or the Congressional Accountability Act of 1995 apply. Declares that: (1) this Act does not apply to the provision of employee benefits for the benefit of an employee's partner; and (2) a disparate impact does not establish a prima facie violation of this Act. Prohibits quotas and preferential treatment. Declares that this Act does not apply to: (1) religious organizations (except in their for-profit activities); (2) the armed forces; or (3) laws creating special rights or preferences for veterans. Provides for enforcement. Disallows State immunity. Makes the United States liable for all remedies (except punitive damages) to the same extent as a private person. Allows recovery of attorney's fees. Prohibits retaliation and coercion. Requires posting notices for employees and applicants.
United States · United States Congress · 14 June 1995
Establishes the Yellowstone Headwaters National Recreation Area within the Gallatin and Custer National Forests in Montana. Requires the Secretary of Agriculture to: (1) administer the Area in accordance with this Act and with the provisions of law generally applicable to national forest system units; (2) develop a management plan for the Area to reflect its establishment and to conform to this Act; and (3) acquire lands or interests in lands within the Area's boundaries that are necessary to carry out the purposes of this Act. Withdraws such lands from U.S. mining laws, mineral and geothermal leasing laws, and from disposal of mineral materials under the Materials Act of 1947. Prohibits: (1) a patent from being issued after June 14, 1995, for any location or claim made in the Area under U.S. mining laws; (2) Federal lands from being used in connection with any mining or mining-related activity within the Area; and (3) such activities involving any surface disturbance of lands or waters within such Area, except in accordance with requirements imposed by the Secretary. Requires: (1) the Secretary to complete an expedited program to examine all unpatented mining claims within the Area; and (2) if the Secretary of the Interior determines that a claim is invalid, to declare it to be null and void. Prohibits a Federal department or agency from issuing authorizations to persons for mining or mining-related activities within the Area until the Secretary has determined that previous mining related environmental damage that has occurred on lands owned or used by such person or any person who controls, is controlled by, or under common control with, such person has been remediated in accordance with applicable Federal and State requirements. Authorizes appropriations.
United States · United States Congress · 8 June 1995
Medicaid Certification Act of 1995 - Makes certain technical corrections to title XIX (Medicaid) of the Social Security Act, allowing, among other changes, for physician reimbursement for certified osteopathic physician services provided to children and pregnant women enrolled in Medicaid. Makes this Act effective as if included in the Omnibus Budget Reconciliation Act of 1990.
United States · United States Congress · 7 June 1995
Black Revolutionary War Patriots Commemorative Coin Act - Directs the Secretary of the Treasury to mint and issue one-dollar silver coins emblematic of the Black Revolutionary War Patriots Memorial in Washington, D.C. Directs that coin sale surcharges be paid to the Black Revolutionary War Patriots Foundation for raising an endowment to support construction of the Memorial.
United States · United States Congress · 7 June 1995
Franked Mail Savings Act - Amends the Legislative Branch Appropriations Act, 1991 to establish an Official Mass Mailing Allowance for Members of the House of Representatives. Requires the Official Mass Mailing Allowance to be: (1) available only for postage for any mass mailing sent by a Member as franked mail; (2) the sole source of funding for any such postage; and (3) available in a session of Congress in an amount that does not exceed the total amount allocated to the Official Mail Allowance of a Member in such session. Treats the Official Mass Mailing Allowance and mass mailings separately from the Official Mail Allowance. Continues the applicability of current provisions of law relating to mass mailings sent by a Member or Member-elect. Prohibits a mass mailing from being sent if it would be postmarked during any session that begins in an even-numbered calendar year, except mail matter sent after election day, mailed by a chairperson of a congressional committee, or which relates to an emergency or disaster declared by the President. Sets forth requirements for the submission of samples of mass mailings to the House Commission on Congressional Mailing Standards. Revises the formula for determining the Official Mail Allowance (thereby reducing the maximum allocation allowed). Prohibits the transfer of any amount (except for amounts from the Official Mass Mailing Allowance) to or from the Official Mail Allowance of a Member. (Currently, transfers up to a specified amount are allowed from the Official Expenses and Clerk Hire Allowances.)
United States · United States Congress · 24 May 1995
Homesteading and Neighborhood Restoration Act of 1995 - Directs the Secretary of Housing and Urban Development to make equal grants to Habitat for Humanity International and other national or regional organizations or consortia for the construction of new, safe, and sanitary dwellings in the United States, including land acquisitions and infrastructure improvement. Amends the Housing Act of 1949 to extend the time period in which the Secretary is authorized to insure and make commitments to insure loans made under the multifamily rural housing program. Allows any interest in the ownership of a project for which a loan is made or insured under to be transferred only if the Secretary determines that such a transfer would be in the best interest of the tenants of the housing. Repeals provisions which prohibit the Secretary from denying loans because an area is excessively remote. Requires the Secretary to establish objective procedures to identify the counties and communities that have the greatest need for rental housing assistance and designate those counties and communities to receive assistance. Amends the Housing Act of 1949 to deny equity loans to extend low income use unless the Secretary determines that other incentives available are not adequate to provide a fair return on the investment of the borrower, to prevent prepayment of the loan, or to prevent displacement of tenants of the housing for which the loan was made. Authorizes the Secretary to make commitments to nonprofit organizations, an agency or body of any State government, or a private entity to guarantee loans from lenders approved by the Secretary for the development costs of housing and related facilities that consists of five or more adequate dwellings available for occupancy only by low or moderate income families or persons, and will remain available according to commitments required by the Secretary. Terminates guarantee authority after September 30, 1995. Authorizes appropriations.
United States · United States Congress · 23 May 1995
James Madison Commemorative Coin Act - Directs the Secretary of the Treasury to issue commemorative one-dollar silver coins emblematic of the 250th anniversary of the birth of James Madison and the life and achievements of the fourth President of the United States. Requires the Secretary to turn over proceeds from surcharges to the National Trust for Historic Preservation to be used to: (1) establish an endowment as a permanent source for Montpelier (home of James Madison and a museum); and (2) fund capital restoration projects at Montpelier.
United States · United States Congress · 12 May 1995
TABLE OF CONTENTS: Title I: Cancellation and Suspension Title II: Minor Use Crop Protection Act of 1995 Title III: Data Collection Activities to Assure the Health of Infants and Children and Other Measures Title IV: Amendments to the Federal Food, Drug, and Cosmetic Act Food Quality Protection Act of 1995 - Title I: Cancellation and Suspension - Amends provisions of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) relating to cancellations, changes in classifications, or other terms of registration with respect to the authority of the Administrator of the Environmental Protection Agency. Requires that a rulemaking under such provisions be based on a validated test or other significant evidence raising prudent concerns of unreasonable adverse effects to man or to the environment. Denies registration applications that are not in compliance with this Act. Title II: Minor Use Crop Protection Act of 1995 - Minor Use Crop Protection Act of 1995 - Amends FIFRA to define "minor use" as the use of a pesticide on an animal or commercial agricultural crop or site or for public health protection where: (1) the total U.S. acreage for the crop is less than 300,000 acres; or (2) the Administrator determines that the use does not provide sufficient economic incentive to support the initial or continuing registration of a pesticide for such use and there are insufficient alternatives available for the use, the alternatives pose greater environmental or health risks, or the pesticide plays or will play a significant part in managing pest resistance or in an integrated pest management program. Extends the period of exclusive data use for data submitted to support original registration applications for pesticides for an additional year for each three minor uses registered after this Act's enactment and before the expiration of the period of exclusive use, up to a total of three additional years for all minor uses registered by the Administrator if the Administrator determines that: (1) there are insufficient alternatives available for the use or the alternatives pose greater environmental or health risks; or (2) the pesticide plays or will play a significant part in managing pest resistance or in an integrated pest management program. Requires the Administrator, upon the request of a registrant, to extend the deadline for the production of residue chemistry data required solely to support a minor use subject to specified conditions. Applies the same extension conditions to data for reregistrations. Authorizes the Administrator to modify or revoke such extensions if the use may cause unreasonable adverse environmental effects. Permits the Administrator, in handling the registration of a pesticide for a minor use, to waive applicable data requirements if the absence of data will not prevent the Administrator from determining the risk presented by the pesticide and that the risk would not have an adverse environmental effect. Provides for expedited review (within one year of submission) of applications to support minor use pesticide registrations. Sets forth conditions for extensions of registrations for unsupported minor uses. Provides a procedure for meeting data requirements where a registrant has voluntarily cancelled a registration and another application is pending for registration of a pesticide that is for a minor use and is identical or substantially similar to, or for an identical or substantially similar use as, the cancelled pesticide. Directs the Administrator to establish a minor use program. Directs the Secretary of Agriculture to establish a Department of Agriculture minor use program and a separate matching fund program. Requires the matching fund program to be utilized to ensure the continued availability of minor use crop protection chemicals. Authorizes appropriations. Title III: Data Collection Activities to Assure the Health of Infants and Children and Other Measures - Directs the Secretary of Agriculture, in consultation with the Administrator and the Secretary of Health and Human Services, to coordinate the development and implementation of survey procedures to ensure collection of adequate data on food consumption patterns of infants and children. Requires residue surveillance activities of the Department of Agriculture to provide for the improved surveillance of pesticide residues, including increased sampling of foods most likely consumed by infants and children. Directs the Secretary of Agriculture to: (1) collect pesticide use data of statewide or regional significance for all the major crops and crops of dietary significance; and (2) in cooperation with the Administrator, implement research, demonstration, and education programs to support adoption of integrated pest management. Requires Federal agencies to use and promote integrated pest management techniques. Title IV: Amendments to the Federal Food, Drug, and Cosmetic Act - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to redefine "pesticide chemical," subject to exception, as any substance that is a pesticide, or any active ingredient thereof, within the meaning of FIFRA. Defines "pesticide chemical residue," subject to exception, as a residue in or on a raw agricultural commodity or processed food of a pesticide chemical or any other added substance present as a result of a pesticide chemical's metabolism or other degradation. Deems a processed food not to be adulterated, within the meaning of FDCA, if there are present pesticide chemical residues at tolerance levels not considered unsafe. (Current law treats only raw agricultural commodities in this manner.) Sets forth requirements relating to tolerances and exemptions from tolerances for pesticide chemical residues in food, including residues of degradation products, which allow the presence in processed food at the tolerance applicable to the raw agricultural commodity from which the processed food is made. Prohibits establishment of a tolerance that is more stringent than a level the Administrator determines is adequate to protect the public health (i.e., if the dietary risk posed by such level of residues is negligible). Allows a greater than negligible dietary risk if: (1) use protects from greater adverse health effects to humans or the environment; (2) use avoids greater risks from another pesticide; or (3) the unavailability of the pesticide would reduce the availability of an adequate, wholesome, and economical domestic supply of the food. Prohibits issuance of a final rule that revokes, modifies, or suspends a tolerance or exemption until the Administrator has taken any necessary action under FIFRA with respect to the registration of the pesticide involved. Requires the Administrator, where a pesticide is labeled for use on a particular food, to: (1) revoke any tolerance or exemption that allows the presence of a particular chemical or its residue in or on such food if the Administrator cancels the registration of each pesticide that contains the chemical or modifies it to prohibit the pesticide's use in connection with such food; and (2) suspend any such tolerance or exemption upon the suspension of the use of each pesticide that contains the chemical. Provides for: (1) tolerances for unavoidable residues in the case of a residue of a canceled or suspended pesticide chemical that will unavoidably persist in the environment and be present in or on a food; and (2) residues resulting from an application which was lawful at the time of application but with respect to which the tolerance or exemption has since been revoked, suspended, or modified. Prohibits, subject to exception, a State from enforcing any limit on a qualifying pesticide chemical residue (as defined in this Act) in or on any food which is not identical to Federal requirements. Prohibits a State, absent an unreasonable dietary risk, from enforcing a limit on the level of residues in any food if the sale of such food containing such residue level was lawful at the time of application of the pesticide. Authorizes appropriations for increased monitoring of pesticide residues in imported and domestic food.
United States · United States Congress · 3 May 1995
False Identification Act of 1995 - Amends the Federal criminal code to reduce the minimum number of documents to three (currently, five) for certain offenses involving fraud and related activity in connection with identification documents. Sets criminal penalties for knowingly sending through the mails or producing, with the intention or knowledge that it will be deposited for mailing, any unverified identification document that bears a birth date showing the individual named in the document to be 21 years of age or older, when in fact that individual has not attained age 21.
United States · United States Congress · 7 April 1995
Propane Education and Research Act of 1995 - Authorizes the qualified industry organizations (the National Propane Gas Association, the Gas Processors Association, or successor organizations, or a group of retail marketers or producers who collectively represent at least 25 percent of the volume of propane sold or produced in the United States) to conduct, at their own expense, a referendum among producers and retail marketers for the creation of a Propane Education and Research Council. Directs the Council, if established, to develop programs (including programs to enhance consumer and employee safety and training) and enter into contracts for: (1) propane research and development; (2) consumer education; and (3) payment for program costs with funds collected under this Act. Requires the Council to reimburse the Secretary of Energy annually for any costs incurred by the United States, but not to exceed the average annual salary of Department of Energy employees. Prescribes guidelines under which the Council shall set annual assessments on odorized propane to cover program costs. Directs the Council to establish a program to coordinate its operations with any State propane education and research council. Prohibits Council funds from being used for lobbying activities. Directs the Secretary of Commerce to annually prepare and make available to the Council, the Secretary of Energy (Secretary), and the public, an analysis of changes in propane prices relative to other energy resources. Requires the Council to restrict its activities to research and development, training, and safety whenever in any year the five-year average rolling price index of consumer grade propane exceeds by more than 10.1 percent the five-year rolling average price composite index of residential electricity, residential natural gas, and refiner price to end users of Number 2 fuel oil. Requires the price of propane to be determined by market forces in all cases. Prohibits the Council from taking action to pass the cost of the annual assessments to consumers. Requires the Secretary of Commerce to report biennially to the Congress and the Secretary on: (1) whether operation of the Council, in conjunction with the cumulative effects of market changes and Federal programs, has had an effect on propane consumers, including residential, agriculture, process, and nonfuel users; and (2) whether there have been long-term and short-term effects on propane prices as a result of Council activities and Federal programs.
United States · United States Congress · 7 April 1995
TABLE OF CONTENTS: Title I: Designation of Wilderness Title II: Administrative Provisions America's Red Rock Wilderness Act of 1995 - Title I: Designation of Wilderness - Designates specified lands in the following areas of Utah as components of the National Wilderness Preservation System: (1) Great Basin wilderness areas; (2) Zion and Mojave Desert wilderness areas; (3) the Grand Staircase Wilderness and the Kaiparowits Plateau Wilderness; (4) Escalante Canyon wilderness areas; (5) the Henry Mountains Wilderness; (6) the Dirty Devil River Wilderness; (7) Cedar Mesa wilderness areas; (8) Canyonlands wilderness areas; (9) San Rafael Swell wilderness areas; and (10) Book Cliffs and Uinta Basin wilderness areas. Title II: Administrative Provisions - Reserves the Federal Government's rights to a quantity of water sufficient for each wilderness area designated by this Act.
United States · United States Congress · 5 April 1995
United States Peace Tax Fund Act - Establishes the United States Peace Tax Fund to receive payments designated by qualified individuals to be used for nonmilitary purposes. Directs the Secretary of the Treasury to report annually to the Congress on amounts transferred into the Fund. Requires the information to be printed in the Congressional Record. Permits conscientious objectors to designate on their income tax returns that any tax liability be paid into the Fund. Makes this designation procedure available to any individual who has demonstrated himself or herself, by reason of religious training and belief, to be opposed to participation in war in any form. Requires every taxpayer who makes such a designation for any taxable year to file a questionnaire return for the purpose of determining eligibility for such status. Permits the setting aside of criminal or civil penalties imposed upon a taxpayer for nonpayment of tax prior to enactment of this Act if the taxpayer pays the tax due (with interest) and establishes to the satisfaction of the Secretary of the Treasury that the nonpayment was due to religious beliefs. Authorizes corresponding procedures in connection with estate and gift tax payments, under conditions prescribed by the Secretary. Directs the Comptroller General to determine the percentage of actual appropriations made by the United States from the Federal budget during the preceding year for military purposes. Requires publication of this information in the Congressional Record. Authorizes a portion of the Fund (corresponding to amounts expended for military purposes) to be appropriated each fiscal year for the following programs and activities: (1) the Special Supplemental Food Program for Women, Infants and Children (WIC); (2) Head Start; (3) the United States Institute of Peace; and (4) the Peace Corps.
United States · United States Congress · 3 April 1995
Truth in Lending Class Action Relief Act of 1995 - Amends the Truth in Lending Act to declare a moratorium between the enactment of this Act and October 1, 1995, on court certifications of any class in any action brought under such Act with respect to any credit transaction: (1) not under an open end credit plan secured by a first lien on real property or a dwelling, which constitutes a refinancing or consolidation of an existing extension of credit; and (2) based on the alleged failure of a creditor to include in the disclosed finance charge a charge actually incurred in connection with the transaction, or to properly make any other required disclosure as a result of such failure, or to provide proper notice of rescission rights owing to selection by the creditor of the incorrect form from among prescribed model forms (or forms based on them). Specifies exceptions to such moratorium.
United States · United States Congress · 30 March 1995
TABLE OF CONTENTS: Title I: Reductions in Government Overregulation Subtitle A: The Home Mortgage Process Subtitle B: Community Reinvestment Act Amendments Subtitle C: Consumer Banking Reforms Subtitle D: Equal Credit Opportunity Act Amendments Subtitle E: Consumer Leasing Act Amendments Subtitle F: Federal Home Loan Bank Amendments Title II: Streamlining Government Regulations Subtitle A: Regulatory Approval Issues Subtitle B: Streamlining of Government Regulations; Miscellaneous Provisions Title III: Lender Liability Financial Institutions Regulatory Relief Act of 1995 - Title I: Reductions in Government Overregulation - Subtitle A: The Home Mortgage Process - Amends the Real Estate Settlement Procedures Act (RESPA) to transfer regulatory authority to the Board of Governors of the Federal Reserve System (the Board) from the Secretary of Housing and Urban Development. Eliminates redundant regulators by adding certain administrative enforcement provisions. (Sec. 102) Amends the Truth in Lending Act (TILA) and RESPA to provide for comparability of terms. (Sec. 103) Provides for increased regulatory flexibility and exemptive authority for the Board under TILA. (Sec. 104) Provides for reductions in RESPA regulatory burdens with respect to: (1) lenders' disclosures to federally related mortgage loan applicants relating to assignment, sale, or transfer of loan servicing; (2) second mortgages; and (3) consistency of RESPA and TILA exemption of business loans. (Sec. 105) Provides for alternative disclosures for adjustable rate mortgages under TILA. (Sec. 106) Amends TILA with respect to treatment of certain charges, including third party fees, taxes on security instruments or evidences of indebtedness, preparation of loan documents, and fees relating to pest infestations, inspections, and hazards. (Sec. 107) Exempts from rescission, under TILA, certain transactions (other specified types of mortgages) which constitute refinancings or consolidations of existing extensions of credit and which are secured by a first lien. (Sec. 108) Adds to TILA provisions relating to tolerances for accuracy and to the basis of disclosure for per diem interest. (Sec. 109) Amends TILA to establish certain limitations on liability, including: (1) limitations on liability for disclosures relating to certain fees and charges other than finance charges; and (2) an exemption from liability for finance charge disclosures within tolerance limits. (Sec. 111) Sets forth a limitation on the rescission period under TILA. (Sec. 112) Revises TILA provisions for the calculation of actual damages. (Sec. 113) Makes assignees liable, under specified TILA provisions, only if violations are apparent on the face of transaction documents. Provides that a servicer of a consumer credit transaction shall not be treated as: (1) an assignee for liability purposes unless the servicer is the owner of the obligation; or (2) the owner on the basis of an assignment for administrative convenience. (Sec. 114) Revises certain TILA provisions for recovery of fees. (Sec. 115) Repeals a provision of the Housing and Urban Development Act of 1968 for homeownership debt counseling notification. (Sec. 116) Amends the Home Mortgage Disclosure Act of 1975 to revise exemption provisions. Exempts from coverage under such Act specified types of institutions with total assets, in their last full fiscal year, of $50 million or less (currently $10 million or less). Authorizes the Board to exempt those with greater assets where the burden of compliance outweighs the usefulness of the information required to be disclosed. Provides that a depository institution satisfies certain public availability of information requirements if: (1) such information is kept at the home office; (2) notice that such information is available through request to the home office is posted at the specified branch locations; and (3) the information is supplied to the requester in a paper copy or, if acceptable to the requester, via a form of electronic medium. Subtitle B: Community Reinvestment Act Amendments - Amends the Community Reinvestment Act of 1977 (CRA) to revise the expression of congressional intent. (Sec. 122) Exempts a regulated financial institution from the examination requirements of, or any regulations issued under, CRA if: (1) its main office (and each branch) is located in a local government unit with a population of not more than 30,000, which is not part of a metropolitan statistical area; and (2) the institution and its parent bank holding company have aggregate assets of not more than $100 million (to be adjusted annually by the annual percentage increase in the consumer price index for urban wage earners and clerical workers). (Sec. 123) Provides for self-certification of CRA compliance by qualifying financial institutions, with certain public notice requirements. (Sec. 124) Adds provisions for community input and conclusive rating, including requirements for publication of exam schedule, opportunity for comment, evaluation by the appropriate Federal financial supervisory agency, and procedures for requests for reconsideration of rating. (Sec. 125) Directs Federal financial supervisory agencies, in conducting certain CRA assessments, to develop compliance standards consistent with the specific nature of special purpose banks (which do not generally accept retail deposits, such as credit card banks and trust banks). (Sec. 126) Gives institutions credit, for purposes of satisfying CRA requirements, for investments in, and loans, to: (1) minority or women's depository institutions; and (2) joint ventures or other entities or projects providing benefits to distressed communities (whether such institutions or communities are located within or outside of the regulated financial institution's service area. (Sec. 127) Prohibits regulations requiring certain additional recordkeeping and reporting under CRA. (Sec. 128) Applies a requirement of metropolitan area distinctions only to institutions that maintain domestic branches in two or more States. (Sec. 129) Amends the Federal Home Loan Bank Act to make certain reporting requirements inapplicable to members receiving an outstanding or satisfactory grade under specified CRA provisions. Subtitle C: Consumer Banking Reforms - Amends the Truth in Savings Act (TISA) to prohibit depository institutions or deposit broker from making misleading or inaccurate advertisements or disclosures. Repeals TISA provisions relating to disclosure of interest rates and terms of accounts, account schedules, disclosure requirements for certain accounts, distribution of schedules, periodic statements, civil liability, and effect on State law. Revises provisions for regulations and definitions. (Sec. 132) Amends the Electronic Fund Transfer Act (EFTA) to revise provisions relating to unauthorized electronic fund transfers. (Sec. 133) Amends TILA to add provisions relating to cardholder liability for unauthorized use of credit cards. (Sec. 134) Amends the Federal Deposit Insurance Act to revise provisions for regulations governing insured banks to allow depository institutions or their affiliates or subsidiaries to transfer information among themselves without any restriction or limitation if such possible information sharing is disclosed and the consumer is given the opportunity to direct that such information not be so communicated, prior to initial communication. (Sec. 135) Revises EFTA definitions of: (1) accepted card or other means of access; and (2) account. Subtitle D: Equal Credit Opportunity Act Amendments - Equal Credit Opportunity Act Amendments of 1995 - Combines and simplifies the adverse action notification requirements of the Equal Credit Opportunity Act (ECOA) and the Fair Credit Reporting Act (FCRA). (Sec. 143) Revises ECOA requirements for written notifications of, and statements of reasons for, adverse actions to be given to credit applicants. Exempts from liability for a violation of such requirements any persons who show by a preponderance of the evidence that at the time of the alleged violation they maintained reasonable procedures to assure compliance with such requirements. (Sec. 144) Revises specified FCRA requirements on users of consumer reports to eliminate coverage of credit denials and of adverse actions based on reports of persons other than consumer reporting agencies. (Sec. 145) Amends ECOA and the Fair Housing Act to add incentives for self-testing. (Sec. 146) Provides that creditors shall be deemed in compliance with ECOA nondiscrimination requirements with respect to any credit decision based solely on the use of an empirically derived, demonstrably and statistically sound, credit scoring system if such system does not use: (1) any protected category; or (2) any criterion so directly associated as to be a functional equivalent of such a category. (Does not preclude using age as a factor in such a system as otherwise permitted under ECOA.) Subtitle E: Consumer Leasing Act Amendments - Consumer Leasing Act Amendments of 1995 - Amends the Consumer Credit Protection Act (CCPA) to direct the Board to: (1) write regulations or staff commentary to update and clarify requirements and definitions for lease disclosures, contracts, and other issues related to consumer leasing which would carry out the purposes of the Consumer Leasing Act; and (2) publish model disclosure forms and clauses to facilitate compliance with such disclosure requirements and aid the consumer in understanding the transaction. (Sec. 154) Revises CCPA provisions for consumer lease disclosures to require prior separate leasing disclosures of specified items in a tabular format. (Sec. 155) Revises CCPA provisions relating to consumer lease advertising. Subtitle F: Federal Home Loan Bank Amendments - Amends the Federal Home Loan Bank Act (FHLBA) to revise an FHLB system membership eligibility location requirement to allow institutions to apply for membership in an adjoining district, for the institution's convenience, with Federal Housing Finance Board (FHFB) approval. (Sec. 162) Revises FHLBA audit provisions to: (1) prohibit the FHFB from participating in the hiring of external auditors by banks; (2) permit the FHFB to establish requirements for external audit contracts and accounting standards; and (3) require all 12 banks to contract for an annual audit with a single provider. Title II: Streamlining Government Regulations - Subtitle A: Regulatory Approval Issues - Amends the Bank Holding Company Act (BHCA) to revise and streamline notice and other requirements relating to both nonbanking and bank acquisitions by well-capitalized and well-managed banking organizations. (Sec. 203) Amends the Federal Deposit Insurance Act to eliminate: (1) Bank Merger Act filing and approval requirements for insured depository institutions already controlled by the same holding company; and (2) redundant approval requirements for "Oakar" transactions (generally, conversion, by acquisition or similar means, of a Bank Insurance Fund member to a Savings Association Insurance Fund member, or vice versa). (Sec. 205) Amends the Home Owners' Loan Act to eliminate duplicative requirements imposed on bank holding companies. (Sec. 206) Eliminates a BHCA requirement that approval be obtained for divestitures. (Sec. 207) Eliminates specified requirements for certain branch applications by: (1) national banking associations, under the Revised Statutes relating to banks and banking; (2) State member banks, under the Federal Reserve Act (FRA); and (3) State nonmember banks, under the Federal Deposit Insurance Act (FDIA). (Sec. 208) Eliminates branch applications and requirements for automatic teller machines (ATMs) and similar facilities, under the Revised Statutes and FDIA. (Sec. 209) Eliminates a requirement for approval of investments in bank premises for well-capitalized and well-managed banks. (Sec. 210) Eliminates specified filing requirements under FDIA for officer and director appointments. (Sec. 211) Streamlines the BHCA process for determining new nonbanking activities. Subtitle B: Streamlining of Government Regulations; Miscellaneous Provisions - Eliminates the per-branch capital requirement for national banks and State member banks under the Revised Statutes. (Sec. 222) Revises FDIA requirements relating to notification of branch closures to exempt specified entities under certain conditions. (Sec. 223) Amends the Depository Institutions Management Interlocks Act to exempt management officials of depository institutions or holding companies with small market shares from prohibitions against dual service with unaffiliated institutions or companies in the same area, town, or village. Revises provisions relating to dual service among larger organizations. Extends a specified grandfather exemption which allows certain management officials to continue to serve despite interlocks prohibitions. (Sec. 224) Abolishes the Appraisal Subcommittee established under the Federal Financial Institutions Council Act of 1978, and consolidates its functions into the Financial Institutions Examination Council. Amends the Financial Institutions Reform, Recovery and Enforcement Act of 1989 (FIRREA) to revise provisions relating to rosters of State certified or licensed appraisers. Provides for reduction of assessments on appraisers. (Sec. 225) Eliminates certain recordkeeping and reporting requirements relating to loans to executive officers under FRA and BHCA. Permits extensions of credit made under certain FRA provisions pursuant to a benefit or compensation program widely available to employees of the member bank. (Sec. 226) Amends FDIA to provide for expanded regulatory discretion for small bank examinations. (Sec. 227) Amends the Right to Financial Privacy Act to revise cost reimbursement provisions to specifically include corporate customers under references to customer records. (Sec. 228) Amends specified Federal law relating to money and finance to eliminate certain provisions requiring depository institutions to identify their nonbank financial institution customers. (Sec. 229) Requires each appropriate Federal banking agency to conduct a paperwork reduction review. (Sec. 230) Repeals certain reporting requirements under the Federal Deposit Insurance Corporation Improvement Act of 1991. (Sec. 231) Directs the Secretary of the Treasury to revise a specified regulation under the Securities Exchange Act of 1934 to provide for daily confirmations for hold-in-custody repurchase transactions. (Sec. 232) Requires the Financial Institutions Examining Council to carry out, and report to the Congress on, a regulatory review of regulations. (Sec. 233) Amends the International Lending Supervision Act to: (1) grant Federal banking agencies discretion in imposing certain country risk requirements with respect to reserves; and (2) repeal certain additional country risk reserve requirements. (Sec. 234) Revises specified FDIA audit provisions with respect to exemptions due to costs. Authorizes the Federal Deposit Insurance Corporation and the appropriate Federal banking agency to designate certain information in such audits as privileged, confidential, and not available to the public. (Sec. 235) Sets forth certain due process protections under FDIA and the Federal Credit Union Act. (Sec. 236) Revises FDIA provisions relating to: (1) culpability standards for outside directors; and (2) rules on deposit taking. (Sec. 238) Amends the Riegle Community Development and Regulatory Improvement Act of 1994 to revise the transition period for new regulations. (Sec. 239) Amends the International Banking Act of 1978 to revise provisions relating to foreign bank applications and examinations. (Sec. 241) Amends TILA to revise provisions relating to second mortgages. Title III: Lender Liability - Amends FDIA to add provisions relating to lender, fiduciary, and Government agency environmental liabilities.
United States · United States Congress · 16 March 1995
Declares that it is the sense of the House of Representatives that the Government should not establish any policy restricting medical professionals from providing women full and accurate medical information on their reproductive health options, including the provision of nondirective abortion counseling.
United States · United States Congress · 13 March 1995
Prohibits (until enactment of a law that is a successor to the Food, Agriculture, Conservation, and Trade Act of 1990) the Secretary of Agriculture, the Secretary of the Army, and the Administrator of the Environmental Protection Agency from delineating wetlands to carry out subtitle C (Wetland Conservation) of title XII of the Food Security Act of 1985 and provisions of the Federal Water Pollution Control Act relating to permits for dredged or fill material.
United States · United States Congress · 10 March 1995
Captive Exotic Animal Protection Act of 1995 - Amends the Federal criminal code to prohibit and set penalties for knowingly transferring, transporting, or possessing a confined exotic animal for purposes of allowing the killing or injuring of that animal for entertainment or the collection of a trophy.
United States · United States Congress · 10 March 1995
Hazardous Materials Regulatory Relief Act of 1995 - Directs the Secretary of Transportation to exclude from specified Code of Federal Regulations hazardous material transportation requirements any cargo tank vehicle of 3500 gallons or less used to transport petroleum products in intrastate or interstate transportation within 100 air miles of the principal place of business of the owner or lessee of the vehicle.
United States · United States Congress · 9 March 1995
Truth in Lending Act Amendments of 1995 - Amends the Truth in Lending Act pertaining to consumer credit cost disclosure to exclude from the determination of finance charges: (1) charges imposed by third parties not affiliated with the creditor (including settlement agents, attorneys, and escrow and title companies) if the creditor does not expressly require the imposition of such charges and does not retain them; (2) taxes levied on security instruments or evidences of indebtedness if payment is a precondition for recording such an instrument; (3) fees, for preparation of loan-related documents and attending or conducting settlement in extensions of credit secured by interest in real property; and (4) fees related to pest infestation on premises, structural inspections, and flood hazards. (Sec. 3) Excludes from a consumer's statutory right of rescission certain refinancings or consolidations of debt secured by a first lien. (Sec. 4) Increases the allowable tolerances for accuracy pertaining to the annual percentage rate disclosure requirements on consumer credit transactions. Provides that the disclosure for per diem interest shall be deemed to be accurate if it is based on information actually known to the creditor at the time that the disclosure documents are being prepared for the consummation of the transaction. (Sec. 5) Sets forth liability limitations for: (1) a creditor's treatment, for disclosure purposes, of specified taxes, fees, and charges other than finance charges; and (2) a creditor's finance charge disclosures within specified tolerance limits. (Sec. 7) Provides that the statute of limitations on a consumer's right of rescission is absolute and acts as a bar to any subsequent assertion of such rescission in State or Federal court. (Sec. 8) Narrows the civil liability guidelines for consumer credit disclosures to: (1) declare a creditor liable for actual damages sustained by a person to the extent such person demonstrates reliance on the inaccurate disclosure which prevented the person from accepting better credit terms actually available from another creditor; (2) revise the general rules for liability of a creditor's voluntary assignee for a violation apparent on the face of the disclosure statement; and (3) declare that a servicer of a consumer obligation shall not be treated as an assignee unless the servicer is the owner of the obligation.
United States · United States Congress · 8 March 1995
Bosnia and Herzegovina Self-Defense Act of 1995 - Directs the President to terminate the U.S. arms embargo of the Government of Bosnia and Herzegovina on the date of receipt of a request from such government for assistance in exercising its right of self-defense under the United Nations Charter or on May 1, 1995, whichever comes first.
United States · United States Congress · 3 March 1995
Medical Procedures Innovation and Affordability Act - Prohibits the issuance of a patent for any invention or discovery of a technique, method, or process for performing a surgical or medical procedure, administering a surgical or medical therapy, or making a medical diagnosis. Provides that if a technique, method, or process is performed by or as a necessary component of a machine, manufacture, or composition of matter or improvement which is itself patentable subject matter, the patent on such machine, manufacture, or composition may claim the technique, method, or process.
United States · United States Congress · 1 March 1995
TABLE OF CONTENTS: Title I: Richmond National Battlefield Title II: Shenandoah National Park Title III: Colonial National Historical Park Title IV: Shenandoah Valley National Battlefields Title I: Richmond National Battlefield - Amends Federal law to remove certain conditions for the establishment of the Richmond National Battlefield Park. Repeals a provision authorizing the Secretary of the Interior to accept donations of land, buildings, and other structures toward the establishment of the Park. Title II: Shenandoah National Park - Modifies the boundary of the Shenandoah National Park. Directs the Secretary to transfer to Virginia all U.S. rights and interest to all country road corridors located within such Park on the day before the enactment of this Act and removed from the Park due to the boundary modifications made herein. Title III: Colonial National Historical Park - Modifies the boundaries of the Colonial National Historical Park (authorizing the Secretary to acquire and include within the Park certain lands and interests as part of such boundary modification). (Sec. 302) Authorizes the Secretary to transfer to York County, Virginia, any portion of the existing sewage disposal system owned by the United States and located within the Park, together with necessary rights-of-way. Authorizes the Secretary to enter into a cooperative agreement for the repair and rehabilitation of the system, limiting such costs to $110,000. Authorizes appropriations to carry out this title. Title IV: Shenandoah Valley National Battlefields - Shenandoah Valley National Battlefields Partnership Act of 1995 - Makes certain congressional findings with respect to the historical significance of various Civil War sites, battlefields, and structures within the Shenandoah Valley. Establishes in Virginia the Shenandoah Valley National Battlefields. Directs the Secretary to administer the Battlefields in accordance with laws generally applicable to the national park system. Authorizes the Secretary to acquire lands within the Battlefields or a historic core area around the Battlefields (core area). Directs the Secretary to allow living history demonstrations or battlefield reenactments at Battlefield sites. Requires the Battlefields to be managed pursuant to a Shenandoah Valley National Battlefields plan developed by the Shenandoah Valley National Battlefields Commission. (Sec. 407) Authorizes the Secretary to: (1) establish partnerships and enter into cooperative agreements concerning lands and interests within the Battlefields and core area with other Federal, State, or local agencies, and private persons and organizations; and (2) award grants and provide technical assistance for the preservation and interpretation of natural, cultural, and historical resources within the Battlefields and core area (requiring Commission review of grants awarded). Establishes the Shenandoah Valley National Battlefields Commission to: (1) develop and draft the Battlefields plan; (2) advise the Secretary on Battlefields administration; (3) assist in the management, protection, and interpretation of the natural, cultural, and historical resources within the Battlefields and core area; and (4) take appropriate action to encourage the protection of such resources by landowners, local governments, organizations, and businesses. Terminates the Commission 45 days after plan approval by the Secretary. (Sec. 411) Authorizes appropriations to carry out this title, limiting to $250,000 the funds that may be appropriated to establish and operate the Commission.
United States · United States Congress · 27 February 1995
TABLE OF CONTENTS: Title I: Bank Securities Activities and Affiliations Subtitle A: Securities Activities Subtitle B: Brokers and Dealers Subtitle C: Bank Investment Company Activities Subtitle D: Financial Activities Financial Services Competitiveness Act of 1995 - Title I: Bank Securities Activities and Affiliations With Securities Firms and Other Financial Companies - Subtitle A: Securities Activities - Amends the Banking Act of 1933 (Glass-Steagall Act) to repeal the proscription against affiliation of any member bank of the Federal Reserve System with an entity engaged principally in securities activities (securities affiliate). Permits an officer, director, or employee of a securities affiliate to serve simultaneously as an officer, director or employee of a member bank affiliated with such securities affiliate. (Sec. 102) Amends the Bank Holding Company Act of 1956 to authorize financial services holding companies (FSHCs) to own shares of a securities affiliate. (Sec. 103) Delineates the activities permissible for securities affiliates. Cites circumstances under which the Board of Governors of the Federal Reserve System (the Board) may permit an FSHC to: (1) acquire more than five percent of, or all or substantially all of, the voting shares or assets of a securities affiliate; (2) make additional investments that are considered capital for purposes of statutory capital requirements in a securities affiliate under its control; and (3) permit its securities affiliate to underwrite or deal in any security for a maximum aggregate period of two years. Excludes a securities affiliate's assets and liabilities (except those related to nonsecurities activities) from the determination of whether an FSHC is adequately capitalized. Delineates restrictions under which: (1) a well capitalized insured depository institution may extend credit to acquire or sell securities, or enhance the marketability of securities underwritten by a securities affiliate; (2) an FSHC or its subsidiary may extend credit or make payments to finance the purchase of a security underwritten by one of its securities affiliates; (3) directors and senior executive officer interlocks may be permitted between a securities affiliate and certain small FSHCs; and (4) a securities affiliate may underwrite securities secured by, or representing an interest in, obligations originated or purchased by an affiliated insured depository institution or its subsidiary. Prescribes guidelines under which each appropriate Federal banking agency and the Securities and Exchange Commission (SEC) shall establish information sharing and compliance programs and coordinate their activities to enforce this Act. Prohibits an FSHC that acquires control of a securities affiliate from permitting any depository institution of which it has control, or any subsidiary of that institution, from engaging in underwriting or dealing in certain securities originated or purchased by the institution or its affiliates. Requires the Board to deny any notice or application by an FSHC to engage in, or acquire shares of a company engaged in, underwriting or dealing in securities in the United States, except as permissible for a national bank to underwrite or deal in. Sets forth conditions under which an FSHC may own or control shares of any company engaged in underwriting or investment banking activities that are currently prohibited as an interest in a nonbanking organization. Amends the Federal Power Act to exempt from its prohibition against interlocking directorates certain persons currently serving or proposing to serve as directors or officers of a public utility and a banking firm permitted to underwrite or participate in the marketing of public utility securities, if that banking firm does not underwrite or participate in the marketing of securities of the same public utility. Amends the Bank Holding Company Act to set forth circumstances under which securities companies that become FSHCs may retain ownership of financial and nonfinancial companies. Identifies conditions which permit joint marketing of products or services between an insured depository institution and an affiliate owned by an FSHC. Amends the Bank Holding Company Act of 1956 to permit certain banks to increase their assets beyond a specified annual rate. Sets forth criteria under which banks controlled by certain companies that are not treated as bank holding companies are exempt from statutory limitations on their activities. (Sec. 104) Amends the Home Owners' Loan Act with respect to the regulation of savings and loan holding companies to set forth parameters for unitary thrift holding companies. (Sec. 105) Amends the Federal Deposit Insurance Act to set forth parameters within which certain insured depository institutions may be affiliates of a company acting as a securities underwriter or dealer. (Sec. 106) Amends the International Banking Act of 1978 to set a termination date for any (grandfathered) authority conferred upon a foreign bank or company regarding its affiliate engaged in securities activities after the Board determines that such activity is authorized for domestic FSHCs. (Sec. 107) Amends the Bank Holding Company Act of 1956 to preclude the States from prohibiting or limiting the affiliation of a bank or FSHC with a securities affiliate solely because the securities affiliate is engaged in specified activities. (Sec. 108) Amends the Revised Statutes to set criteria for certain well capitalized national banking associations to deal in, underwrite, and purchase municipal securities. (Sec. 109) Amends the Bank Holding Company Act of 1956 to set forth permissible affiliations for investment bank holding companies, including certain insurance underwriting activities. (Sec. 110) Amends the Federal Reserve Act to prescribe procedural guidelines and requirements for membership as a wholesale financial institution in the Federal Reserve System. Amends the Federal Deposit Insurance Act to prescribe a procedure by which an insured State-chartered bank or a national bank may voluntarily terminate its status as an insured depository institution. Requires any such terminated bank to become a wholesale financial institution in order to accept any deposits. Subtitle B: Brokers and Dealers - Amends the Securities Exchange Act of 1934 to modify the definitions of "broker" and "dealer" to reflect the provisions of this Act. (Sec. 123) Exempts loans made to a broker or dealer by a member bank from Board-prescribed margin requirements if the loan proceeds are to be used in the ordinary course of business (other than for the purpose of funding securities purchases for the account of such broker or dealer). Subtitle C: Bank Investment Company Activities - Amends the Investment Company Act of 1940 to permit a bank affiliate to serve as custodian of a registered investment company's assets. (Sec. 131) Prohibits a registered investment company from: (1) acquiring any security, during the existence of an underwriting or selling syndicate, whose proceeds will be used to retire an indebtedness owed to an affiliated person of such company; and (2) borrowing from a bank (or person affiliated with such bank) serving as an affiliated promoter, organizer, sponsor, or principal underwriter for such company, except if permitted by the SEC as in the public interest and consistent with the protection of investors. (Sec. 133) Modifies the definition of "interested person" with respect to an investment company to specify the kinds of transactions and services taking place during the preceding six months which would make a person an affiliated person of a broker or dealer. Prohibits a registered investment company from having a majority of its board of directors consisting of personnel or senior officers of the subsidiaries of any one bank, or of any single financial services holding company (and its affiliates and subsidiaries). (Sec. 134) Modifies the guidelines pertaining to unlawful misrepresentation of guarantees and the deceptive use of names. (Sec. 135) Modifies the definition of "broker" to state that it does not include any person solely by reason of the fact that such person is an underwriter for one or more investment companies. (Sec. 136) Modifies the definition of "dealer" to exclude an insurance or an investment company. (Sec. 137) Amends the Investment Advisers Act of 1940 to modify the definitions of investment adviser to remove the exclusion from such definition of an investment adviser for banks that advise investment companies. Revises the definitions of broker and dealer. (Sec. 140) Mandates interagency consultation between the appropriate Federal banking agency and the SEC regarding examination results and other information pertaining to the investment advisory activities of any registered bank holding company and its departments or divisions. (Sec. 141) Amends the Securities Act of 1933 and the Securities Exchange Act of 1934 to revise the exclusion from their purview of certain bank common trust funds to specify the exclusion of any interest or participation in any common trust fund or similar fund that is excluded from the definition of "investment company" under the Investment Company Act of 1940. Amends the Investment Company Act of 1940 to revise such exclusion guidelines for certain bank common trust funds. Expresses the sense of the Congress that the public interest would be furthered by amending the Internal Revenue Code to provide that conversion, mergers, or reorganization of certain taxable common trust funds shall not result in a gain or loss to the fund participants. (Sec. 142) Amends the Investment Company Act of 1940 to prescribe guidelines concerning: (1) controlling interests held by an investment adviser to a registered investment company in a fiduciary capacity; and (2) the purchase of investment company securities by an investment adviser acting as fiduciary for the account of a beneficiary. (Sec. 143) Amends the Federal Deposit Insurance Act to require the appropriate Federal banking agency to examine purchases made by an insured depository institution's trust department or division of the securities of an affiliated investment company, or an investment company that is an affiliated person of an affiliated person of the institution, in order to assure compliance with applicable Federal and State trust laws. Subtitle D:: Financial Activities - Amends the Bank Holding Company Act of 1956 to exempt from its proscription against interests in nonbanking organizations any activity that the Board has determined to be financial in nature or incidental to financial activities. (Sec. 150) Repeals the mandate that the Board consider, when determining whether a particular activity is a proper incident to banking, if its performance by a bank holding company affiliate is such that the public interest benefit outweighs any possible adverse effects (such as undue concentration of resources, decreased or unfair competition, conflicts of interests, or unsound banking practices). Permits Board regulations to differentiate between activities commenced by affiliates of different classes of banks. (Sec. 151) Sets forth criteria for statutory approval, without prior notice to the Board, of proposals by well capitalized and well managed FSHCs to engage in specified transactions and acquisitions. Sets forth expedited procedures for FSHCs to acquire companies engaged in new activities. (Sec. 152) Makes technical and conforming amendments to the Bank holding Company Act of 1956 and the Bank Holding Company Act of 1970. (Sec. 154) Amends the Federal Deposit Insurance Act to set forth conditions under which insured depository institutions that are subsidiaries of the same depository institution holding company are exempt from specified strictures concerning mergers.
United States · United States Congress · 24 February 1995
Authorizes and directs standing committees of the House of Representatives with subject matter jurisdiction over laws under which Federal agencies prescribe rules and regulations to report legislation during this congressional session which would cause those agencies to amend or repeal rules or regulations in order to: (1) reduce the cost of regulatory compliance to State and local governments and the private sector; (2) reduce or eliminate unfunded or partially funded Federal mandates; (3) streamline administrative processes; (4) require cost-benefit analyses and risk assessments; and (5) require periodic assessment of those rules and regulations. Requires the reporting of legislation to eliminate or consolidate Federal entities as well.
United States · United States Congress · 23 February 1995
Ricky Ray Hemophilia Relief Fund Act of 1995 - Establishes in the U.S. Treasury the Ricky Ray Hemophilia Relief Fund. Authorizes appropriations. Specifies that any individual who submits to the Attorney General written medical documentation that the individual has a human immunodeficiency virus (HIV) infection shall receive $125,000 from amounts available in the Fund if the individual: (1) has a blood-clotting disorder and was treated with blood-clotting agents between January 1, 1980, and December 31, 1987; (2) is the lawful spouse of such individual or the former lawful spouse and was the lawful spouse of the individual at any time after a date within such period on which the individual was treated; or (3) acquired the HIV infection through perinatal transmission from a parent who is such an individual. Requires that a claim for payment be filed with the Attorney General by or on behalf of such individual and that the Attorney General determine that the claim meets the requirements of this Act. Specifies that a claim under this Act shall not be assignable or transferable. Sets limits regarding the number of claims per victim. Prohibits the Attorney General from paying claims filed under this Act unless filed within three years after this Act's enactment.
United States · United States Congress · 23 February 1995
Amends the Nuclear Waste Policy Act of 1982 to revise and rename it the Integrated Spent Nuclear Fuel Management Act of 1995. (Sec. 1) Instructs the Secretary of Energy (the Secretary) to accept spent nuclear fuel and high-level radioactive waste by not later than January 31, 1998. Entitles contract holders to specified remedies for the Secretary's failure to meet service contract obligations, or to accept spent nuclear fuel and high-level radioactive waste as mandated under this Act. States that the Nuclear Waste Fund shall fund the execution of service contract and implementation of the Secretary's responsibilities, including the acceptance of spent nuclear fuel and high-level radioactive waste at contract holder sites and transporting such fuel or waste to a private storage facility. Establishes an integrated spent nuclear fuel management system for spent nuclear fuel and high-level radioactive waste, including its storage, transportation, and disposal. Prescribes procedural guidelines for the use of: (1) railroads; (2) transportation planning and requirements; (3) multi-purpose canister systems; (4) interim storage facilities; (5) permanent disposal; (6) land withdrawal; and (7) private storage facilities. Prescribes consultation and assistance guidelines between the Secretary and the State of Nevada. Prescribes budget priorities for purposes of annual requests for appropriations from the Waste Fund. Prescribes a fee schedule for electricity and nuclear fuel used to generate electricity in a civilian nuclear power reactor. Sets forth advance contract prerequisites for utilization or production facility license renewals. Reestablishes the Nuclear Waste Fund and the Office of Civilian Radioactive Waste Management. Directs the Secretary to: (1) establish by rule the appropriate portion of the costs of managing high-level radioactive waste and spent nuclear fuel allocable to the interim storage or permanent disposal of high-level radioactive waste and spent nuclear fuel from atomic energy defense activities; and (2) advise the Congress annually of the amount of high-level radioactive waste and spent nuclear fuel from atomic energy defense activities requiring management in the integrated spent nuclear fuel management system. Subjects the Secretary to all Federal, State, and local environmental or land use laws and regulations, with specified exceptions. Grants the U.S. courts of appeals original and exclusive jurisdiction over civil actions under this Act. Provides that upon a contract holder's request, the Secretary shall take title to or possession of spent nuclear fuel or high-level radioactive waste without removing it from the contract holder's designated storage site if the Secretary cannot accept such items within the contract's acceptance schedule. Requires the NRC to promulgate regulatory guidelines for: (1) financial assurances for low-level radioactive waste site closures; and (2) training and qualification of civilian nuclear powerplant personnel. Reestablishes the Nuclear Waste Technical Review Board. Authorizes appropriations. Directs the Secretary to take action as necessary to improve the management of the civilian radioactive waste management program to ensure that it is operated to the maximum extent like a private business. States that the program is not subject to civil service regulations. Abolishes the Interim Storage Fund, the Monitored Retrievable Storage Commission, the Office of Subseabed Disposal Research, and the Office of Nuclear Waste Negotiator. Repeals all references to the Yucca Mountain site. Requires the Secretary to report to the Congress whether particular milestones have been reached with respect to: (1) multi-purpose canister systems; (2) land withdrawals; (3) interim storage facilities; and (4) acceptance of spent nuclear fuel from contract holders. Directs the Secretary to: (1) create a value engineering function within the Office of Civilian Radioactive Waste Management; and (2) employ on an on-going basis, integrated performance modeling regarding site characterization. (Sec. 2) Sets forth transition provisions for the continuation of: (1) contracts; (2) Nuclear Waste Fund; (3) Office of Civilian Radioactive Waste Management; and (4) Nuclear Waste Technical Review Board. (Sec. 3) Mandates that amounts in the Nuclear Waste Fund be appropriated exclusively for certain authorized purposes cited in the Nuclear Waste Policy Act of 1982. Precludes such appropriations from being taken into account for any budget enforcement procedures under the Balanced Budget and Emergency Deficit Control Act of 1985. Amends such Act to provide that appropriations to the Nuclear Waste Fund are not subject to its discretionary spending limits or to a certain allocation of the Energy and Waster Development Subcommittee of the Appropriations Committee. Reduces specified discretionary spending limits under the Congressional Budget Act of 1974.
United States · United States Congress · 21 February 1995
ERISA Targeted Health Insurance Reform Act of 1995 - Title I: Improved Access to Affordable Health Plan Coverage - Subtitle A: Increased Availability and Continuity of Group Health Plan Coverage for Employees and Their Families - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to provide for access to, and continuity of, group health plan coverage. (Sec. 1001) Provides for: (1) nondiscrimination and limitations on preexisting condition exclusions; (2) portability; (3) requirements for renewability of coverage; and (4) group health plan participation standards. Encourages private standards-setting organizations for provider networks and utilization review under group health plans. Establishes standards applicable to insurers offering health insurance coverage to group health plans. Provides for enforcement with respect to insurers offering health insurance coverage to group health plans. Preempts State laws that differ from such uniform national standards under ERISA. Subtitle B: Requirements for Insurers Offering Health Insurance Coverage to Group Health Plans of Small Employers - Establishes ERISA requirements for insurers offering health insurance coverage to group health plans of small employers. (Sec. 1101) Requires insurers to offer general, catastrophic, and optional medisave coverage to small employers. Requires use of fair rating, uniform marketing materials, and miscellaneous consumer protections. Authorizes States to implement and enforce such uniform national standards. Grants States that elect to implement such standards the exclusive authority to enforce them as they apply to insurers only, and not to the group health plans purchasing health insurance coverage. Allows a three-year phase-in period during which States can conform existing standards with such uniform standards. Preempts differing standards after such period. Subtitle C: Encouragement of Multiple Employer Health Plans and Preemption - Limits the scope of State regulation. Prohibits: (1) State benefit mandates for group health plans; and (2) State prohibition of employer groups purchasing health insurance. Preempts State anti-managed care laws. (Sec. 1202) Preempts State laws for multiple employer health plans meeting Federal standards. Relieves exempted multiple employer health plans of certain restrictions on preemption of State law. Treats such plans as employee welfare benefit plans. Sets forth an exemption procedure and eligibility requirements, as well as additional requirements applicable to exempted multiple employer health plans. Requires: (1) disclosure to participating employers by arrangements providing medical care; (2) maintenance of reserves; and (3) notice for voluntary termination. Sets forth provisions for: (1) corrective actions and mandatory termination; (2) expiration, suspension, or revocation of exemption; and (3) review of actions of the Secretary of Labor. (Sec. 1203) Revises provisions relating to: (1) the scope of preemption rules; (2) treatment of single employer arrangements; and (3) treatment of certain collectively bargained arrangements. (Sec. 1206) Sets forth requirements for employee leasing health care arrangements. (Sec. 1207) Sets forth enforcement provisions relating to multiple employer welfare arrangements and employee leasing health care arrangements. (Sec. 1208) Sets forth filing requirements for multiple employer welfare arrangements offering health benefits. (Sec. 1209) Provides for cooperation between Federal and State authorities. (Sec. 1210) Revises provisions for treatment of employer health coalitions and health maintenance organizations. (Sec. 1211) Requires a single annual filing for all participating employers. Subtitle D: Remedies and Enforcement with Respect to Group Health Plans - Sets forth a claims procedure for group health plans, as well as court remedies for claims disputes. Subtitle E: Funding and Plan Termination Requirements for Self-Insured Group Health Plans - Sets forth special rules for funding and plan termination for self-insured group health plans. Subtitle F: General Provisions - Declares that nothing in this Act may be construed to require the coverage of any specific procedure, treatment, or service as part of a group health plan or health insurance coverage under this Act or through regulation.
United States · United States Congress · 21 February 1995
Amends title XVIII (Medicare) of the Social Security Act to limit Medicare coverage of chiropractic services to certain services for the treatment of spinal conditions that are conducted by State-licensed doctors of chiropractic legally authorized by the State to provide them.
United States · United States Congress · 13 February 1995
Volunteer Protection Act of 1995 - Prescribes circumstances under which volunteers working for nonprofit organizations or government entities shall be immune from personal financial liability for acts on behalf of the organization or entity. Sets forth exceptions and conditions that a State may impose on the granting of such immunity. Requires the Secretary of Health and Human Services to increase by one percent the fiscal year allotment which would otherwise be made to a State to carry out the Social Services Block Grant Program under title XX of the Social Security Act if such State has, within two years, certified to the Secretary that it has enacted a State law which provides such immunity. Provides for the continuation of such increase based on an annual recertification.
United States · United States Congress · 10 February 1995
Directs the Secretary of the Navy to provide for the retroactive award of the Navy Combat Ribbon with respect to participation in ground or surface combat during any period after July 4, 1943, and before March 1, 1961.
United States · United States Congress · 8 February 1995
Firefighters Pay Fairness Act of 1995 - Amends Federal law to provide that, for Federal fire fighters, the annual rate of basic pay shall be calculated on the basis of 26 administrative biweekly work periods of up to 106 hours each. Prescribes a formula for computing the basic biweekly pay of Federal employees who are not fire fighters but perform fire fighting duties. Extends existing biweekly pay period and pay computation requirements to Federal fire fighters and employees in and under the judicial branch. Removes employees of the District of Columbia government from coverage by such requirements. Repeals the current exception from such requirements for employees on the Isthmus of Panama in the service of the Panama Canal Commission. Requires compensation at time-and-a-half per hour for any hours worked in excess of 106 during a biweekly pay period by fire fighters subject to the Fair Labor Standards Act of 1938. Prescribes basic rates of pay for fire fighters: (1) promoted to a supervisory position; and (2) selected and assigned for training. Adds certain pay retention rights for Federal firefighters subject to a reduction or termination of a rate of pay established under this Act. Authorizes a Federal agency to pay cash awards of up to five percent of basic pay to fire fighters or other employees performing fire fighting duties who make substantial use of: (1) special skills, such as handling hazardous materials; or (2) a certification or license, such as certification as an emergency medical technician. Requires the Office of Personnel Management to report to the Congress with respect to transition and funding increase plans and regulatory or legislative modifications necessary to prevent diminution in retirement benefits under this Act.
United States · United States Congress · 7 February 1995
Truth in Budgeting Act - Prohibits the receipts and disbursements of the Highway Trust Fund, the Airport and Airway Trust Fund, the Inland Waterways Trust Fund, and the Harbor Maintenance Trust Fund from being included in either the Federal budget as submitted by the President or in the congressional budget. Exempts such trust funds from any general statutory budget limitation. (Sec. 3) Amends Federal transportation law to require the Secretary of Transportation to estimate annually what, but for this Act, would be at the close of the next fiscal year: (1) the amount of unfunded aviation authorizations; and (2) the net aviation receipts. Requires the Secretary to: (1) determine the amount by which unfunded aviation authorizations does or does not exceed net aviation receipts; and (2) make appropriate adjustments to amounts authorized to be appropriated and the amounts available for obligation from the Airport and Airway Trust Fund based on the difference. (Sec. 4) Sets forth similar provisions with respect to the Inland Waterways and the Harbor Maintenance Trust Funds.
United States · United States Congress · 6 February 1995
Family Planning Amendments Act of 1995- Amends the Public Health Service Act to require family planning grant and contract recipients to provide nondirective counseling and referrals regarding: (1) prenatal care and delivery; (2) infant care, foster care, and adoption; and (3) termination of pregnancy. Allows a provider who objects, on religious or moral grounds, to providing such counseling and referrals to refer the woman to another provider. Requires recipients to: (1) comply with State parental notification or consent laws; and (2) distribute only those condoms meeting current quality and labeling requirements and provide information regarding condom use benefits and risks. Authorizes appropriations. Authorizes appropriations for grants and contracts concerning: (1) training to provide family planning services; and (2) informational and educational materials regarding family planning and population growth.
United States · United States Congress · 3 February 1995
Expresses the sense of the Congress that the current link should be maintained between: (1) the levels of earnings allowed for blind individuals entitled to disability insurance benefits; and (2) the exempt amounts allowed for purposes of the social security earnings test for individuals who have attained retirement age.
United States · United States Congress · 1 February 1995
Tax Fairness for Agriculture Act of 1995 - Amends the Internal Revenue Code to prohibit agricultural or horticultural organization member dues (limited to a specified amount) from being treated as unrelated business taxable income for purposes of the tax on unrelated business income.
United States · United States Congress · 1 February 1995
Code of Conduct on Arms Transfers Act of 1995 - Prohibits U.S. military assistance and arms transfers to a foreign government unless the President certifies to the Congress that the government: (1) meets specified conditions regarding democracy, including that it was chosen by free and fair elections and promotes civilian control of the military, the rule of law, and respect for individual rights; (2) does not engage in human rights violations, investigates and prosecutes those responsible for human rights violations, permits access to political prisoners by international organizations, and provides access to such organizations in situations of conflict or famine; (3) is not engaged in acts of armed aggression in violation of international law; and (4) is participating in the United Nations Register of Conventional Arms. Authorizes an exemption from such prohibition for a fiscal year if: (1) the President requests an exemption from the Congress stating that it is in the national security interest to provide military assistance and arms transfers to a government; and (2) the Congress enacts a law approving such request. Requires the President to submit initial certifications and requests for exemptions in conjunction with the submission of the annual request for enactment of authorizations and appropriations for foreign assistance. Expresses the sense of the Congress that the House International Relations Committee and the Senate Foreign Relations Committee should hold hearings on controversial certifications and all requests for exemptions.
United States · United States Congress · 31 January 1995
Shenandoah Valley National Battlefields Partnership Act of 1995 - Establishes the Shenandoah Valley National Battlefields in Virginia. Directs the Secretary of the Interior to protect, manage, and administer the Battlefields for the purposes of preserving and interpreting their natural, cultural, and historical resources and of providing for public understanding and appreciation of the Battlefields in such a manner as to perpetuate these qualities and values for future generations. Authorizes the Secretary to acquire lands within the boundaries of the Battlefields, subject to specified requirements. Directs the Secretary to allow at Battlefield locations any living history demonstrations and battlefield reenactments that occurred during the 12 months prior to enactment of this Act or that are otherwise determined appropriate. (Sec. 6) Requires that the Battlefields be managed by the Secretary pursuant to this Act and the Shenandoah Valley National Battlefields plan (plan) to be developed by the Shenandoah Valley National Battlefields Commission (to be established under this Act) and approved by the Secretary. (Sec. 7) Authorizes the Secretary to establish partnerships and enter into cooperative agreements concerning lands within the Battlefields and historic core areas with other Federal, State, or local agencies and private persons and organizations. (Sec. 8) Authorizes the Secretary: (1) to award grants and provide technical assistance to owners of property located within the battlefields and historic core areas to provide for the preservation and interpretation of natural, cultural, and historical resources; and (2) to award grants and provide technical assistance to governmental entities to assist with the planning, development, and implementation of comprehensive plans, land use guidelines, regulations, ordinances, or other appropriate documents that are consistent with and designed to protect the historic character of the Battlefields and historic core areas. Directs the Commission to conduct a regular review of approved plans, guidelines, regulations, ordinances, or documents (documents), and where appropriate, to recommend that the Secretary withdraw approval and suspend any grant authority pursuant to this section. Terminates the Commission 45 days after plan approval by the Secretary. Directs the Secretary to suspend grants awarded upon determining that such documents are modified in a manner that is inconsistent with the protection of the historic character of the Battlefields and historic core areas. Specifies that the Federal share of any grant made under this section may not exceed the amount of the non-Federal funds provided. (Sec. 10) Directs the Commission to: (1) advise the Secretary on the administration of the Battlefields; (2) assist Virginia or any political subdivision thereof in the management, protection, and interpretation of the natural, cultural, and historical resources within the historic core areas; and (3) take appropriate action to encourage protection of the natural, cultural, and historical resources within the Battlefields and historic core areas by landowners, local governments, organizations, and businesses. Authorizes the Commission to assist any nonprofit organization in the management, protection, and interpretation of the natural, cultural, and historical resources within the historic core areas. (Sec. 11) Authorizes appropriations.
United States · United States Congress · 27 January 1995
TABLE OF CONTENTS: Title I: Establishment of Commission Title II: Transfers of Functions Title III: Federal Financial Markets Coordinating Council Title IV: Administrative Provisions Title V: Transitional, Savings, and Conforming Provisions Title VI: Effective Date Markets and Trading Reorganization and Reform Act - Title: Establishment of Commission - Establishes the Markets and Trading Commission (the Commission) as an independent regulatory body. Title II: Transfers of Functions - Transfers to the Commission: (1) all functions of the Commodity Futures Trading Commission and of the Securities and Exchange Commission; and (2) the margin authority of the Board of Governors of the Federal Reserve System. Empowers the Commission to adjust and prescribe margin levels with respect to futures contracts. Title III: Federal Financial Markets Coordinating Council - Establishes the Federal Financial Markets Coordinating Council to: (1) coordinate the regulatory operations of the Federal regulatory agencies represented on the Council; and (2) establish an advisory committee composed of representatives of the futures, commodities, options, securities exchanges, and the banking industry; and (3) present biennial status reports to the Congress. Title IV: Administrative Provisions - Sets forth guidelines for Commission personnel and administration. Title V: Transitional, Savings, and Conforming Provisions - Prescribes procedural guidelines for the transfer and allocation of appropriations and personnel. Title VI: Effective Date - Sets forth the effective date of this Act.
United States · United States Congress · 23 January 1995
Staff Protection Act of 1995 - Amends the Federal criminal code to include members of staffs of Federal officials (whether paid or unpaid) within the scope of protections regarding influencing, impeding, or retaliating against a Federal official by threatening or injuring a family member.
United States · United States Congress · 23 January 1995
Declares that, for the purposes of any constitutional amendment requiring a balanced budget, the appropriate committees of the House and the Senate shall report to their respective Houses implementing legislation to achieve a balanced budget without increasing the receipts or reducing the disbursements of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund to achieve that goal.
United States · United States Congress · 19 January 1995
Directs the Secretary of the Interior to convey, without reimbursement, all U.S. interest in: (1) the Fairport National Fish Hatchery to Iowa for use by the State for fishery resources management purposes; (2) the New London National Fish Hatchery production facility to Minnesota for its fishery resources management program; and (3) the Corning National Fish Hatchery (popularly known as the William H. Donham State Fish Hatchery) to Arkansas for use by the Arkansas Game and Fish Commission as part of the Arkansas fish culture program.
United States · United States Congress · 19 January 1995
Directs the Secretary of the Interior to convey without reimbursement all U.S. interest in the Fairport National Fish Hatchery to Iowa for fishery resources management purposes.
United States · United States Congress · 17 January 1995
Amends Federal transportation law to exempt farmers or retail farm suppliers transporting agricultural commodities or farm supplies from requirements limiting the maximum driving and on-duty time for drivers used by motor carriers if such transportation occurs within a 100-air mile radius of the source of such commodities or the distribution point for such farm supplies.
United States · United States Congress · 17 January 1995
Church Retirement Benefits Simplification Act of 1995 - Amends the Internal Revenue Code to recodify and revise qualifications for church retirement and pension plans. Makes employee contributions to such plans nonforfeitable. Requires the plan to meet minimum vesting requirements. Recodifies the authority of a church or a convention or association of churches to be treated as an employer making contributions to retirement income accounts. Subjects church-related hospitals and universities to certain coverage and related rules in the case of a contract purchased by a church. Requires distributions from retirement income accounts provided by churches to be in accordance with distributions under cash or deferred arrangements. Provides for determining the beginning date for such distributions. Allows self-employed ministers and chaplains who work for non-church employers to participate in their church plans. Provides that certain rules aggregating employees do not apply to churches. Restores qualified voluntary employee contributions to church plans. Treats self-employed ministers as employees for purposes of certain welfare benefit plans and retirement income accounts. Allows a deduction for contributions to retirement income accounts by such ministers. Provides that a church plan maintained by more than one employer shall not be treated as a single plan. Provides that accounting methods of deferred compensation plans of State and local governments and tax-exempt organizations do not apply to a church plan. Exempts a church plan from the requirement to maintain separate accounts for medical benefits for key employees. Provides that the special rules for computing employee contributions to pension plans do not apply to certain foreign missionaries. Repeals the elective deferral catch-up limitation for church retirement income accounts. Allows church plans to annuitize benefits and increase benefit payments. Provides that rules for self-insured medical reimbursement plans are not applicable to church plans. Provides that retirement benefits of ministers are not subject to the tax on net earnings from self-employment.
United States · United States Congress · 9 January 1995
Requires the head of any Federal agency to differentiate between fats, oils, and greases of animal, marine, or vegetable origin, and other oils and greases in issuing certain regulations.
![Official portrait of Rep. Leach, James A. [R-IA-2]](https://www.congress.gov/img/member/l000169_200.jpg)