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Bill· HRH.R. 243 (106th)referred
United States · United States Congress · 6 January 1999
Older and Disabled Americans Criminal Protection Act of 1998 - Defines a "shared housing arrangement" as a residential arrangement under which one person provides care or other services for the owner or lessee of a dwelling unit in exchange for free occupancy or a reduced cost for occupancy of that unit or other remuneration. Authorizes: (1) a shared housing referral agency to request the Attorney General to conduct and share criminal background checks respecting shared housing caretaker applicants; and (2) the Attorney General to charge a fee for such service. Provides a criminal penalty for the knowing use of such information for other than housing determinations. States that an agency that reasonably relies upon such information shall not be liable for damages based on such information's inaccuracy.
Bill· HRH.R. 21 (106th)open
United States · United States Congress · 6 January 1999
Homeowners' Insurance Availability Act of 1999 - Directs the Secretary of the Treasury to carry out a program under this Act to make reinsurance coverage available for purchase by: (1) eligible State programs; and (2) private insurers and reinsurers, State insurance and reinsurance programs, and other interested entities through auctions. Requires that such program shall be designed to improve the availability of homeowners' insurance for the purpose of facilitating the pooling, and spreading the risk, of catastrophic financial losses from natural disasters and to improve the solvency of homeowners' insurance markets. Directs the Secretary to offer reinsurance coverage through contracts with covered purchasers which shall: (1) not displace or compete with the private insurance, reinsurance, or capital markets; (2) minimize the administrative costs of the Federal Government; and (3) provide coverage based solely on insured losses within the State of the eligible State program purchasing the contract or within the region for which the auction for contract purchase is held. (Sec. 4) Sets forth: (1) qualified lines of coverage; and (2) covered perils. (Sec. 6) Describes requirements for eligible State programs, including that such programs: (1) be State-operated insurance programs (or reinsurance programs designed to improve private insurance markets) that offer coverage for homes and the contents of apartments based on a finding that such programs are necessary to provide for the continued availability of coverage for all residents; (2) are structured to be exempt from Federal taxation; (3) cover only a single peril; (4) require at least ten percent of net investment income to be used for programs to mitigate disaster losses, with an exception; and (5) meet specified coverage requirements. Establishes one-year contract terms. Sets forth considerations to be made by the Secretary in determining the cost of reinsurance coverage and requires the cost to consist of a risk-based price, risk load, and administrative costs. Grants purchasers whose coverage is exhausted before contract termination the option of making a single purchase for the remaining contract term. Makes State programs eligible to purchase contracts only if a State has in effect laws to prohibit price gouging, during the term of coverage, in disaster areas. (Sec. 7) Sets forth: (1) requirements for regional auctions for the purchase of reinsurance contracts; and (2) contract terms and conditions, including maximum one-year terms and prohibitions on price gouging. (Sec. 8) Requires eligible State programs to sustain an amount of retained losses from a single event of a covered peril of at least the greater of: (1) $2 billion; (2) the program's claims-paying capacity; and (3) an amount determined by the Secretary sufficient to cover eligible losses in the State during a 12-month period for all events having a likelihood of occurrence once every 100 years. Applies the requirements of (1) and (3) above to auctioned contracts as well. Establishes transitional requirements for the minimum level of retained losses applicable to certain existing and new State programs. Authorizes the Secretary to raise the minimum level of retained losses annually. Limits the maximum annual amount paid by the Secretary pursuant to claims under contracts to: (1) $25 billion, as adjusted for inflation; or (2) for any year during the four-year period beginning on the date contracts are first made available for purchase, an amount that the Secretary shall establish and revise, not exceeding $25 billion. Requires claimants to receive prorated portions of the amount available for claims in any year in which claims exceed such maximum amount. Limits contracts to 50 percent of the risk of insured losses in excess of retained losses for States or regions. (Sec. 9) Establishes, within the Treasury, the Disaster Reinsurance Fund. Specifies: (1) the amounts with which the Fund shall be credited; and (2) the uses of the amounts in the Fund. (Sec. 10) Directs the Secretary to establish the National Commission on Catastrophe Risks and Insurance Loss Costs. Requires the Commission to meet for the sole purpose of advising the Secretary regarding the estimated loss costs associated with the reinsurance contracts and carrying out this Act's functions. Authorizes appropriations. Provides for an offset amount to be obtained from purchasers of reinsurance coverage and deposited in the Fund. (Sec. 12) Terminates reinsurance coverage ten years after this Act's enactment. Provides a five-year extension of such deadline if the Secretary determines such coverage necessary because of insufficient growth of capacity in the private homeowners' insurance market. (Sec. 13) Requires the Secretary to report annually to the Congress on the cost and availability of homeowners' insurance for losses resulting from catastrophic natural disasters covered by the reinsurance program under this Act.
Bill· HRH.R. 202 (106th)referred
United States · United States Congress · 6 January 1999
TABLE OF CONTENTS: Title I: Conversion of Financing Title II: Authorization of Appropriations Title III: Program Amendments Preserving Affordable Housing for Senior Citizens into the 21st Century Act - Title I: Conversion of Financing - Authorizes the Secretary of Housing and Urban Development, with owner consent, to convert certain housing projects for the elderly from direct loan financing to rental assistance contract financing. Authorizes related debt forgiveness and section 8 contract cancellation. Title II: Authorization of Appropriations - Amends the Housing Act of 1959 to authorize appropriations for the supportive housing for elderly persons program. Amends the Cranston-Gonzalez National Affordable Housing Act to authorize appropriations for the supportive housing for persons with disabilities program. Title III: Program Amendments - Amends the Housing Act of 1959 with respect to the supportive housing for the elderly program to: (1) eliminate the requirement that acquired structures be from the Resolution Trust Corporation; (2) permit mixed funding sources; and (3) permit mixed income occupancy in certain high vacancy projects. Amends the Cranston-Gonzalez National Affordable Housing Act to permit mixed funding sources in the housing for persons with disabilities program.
Bill· HRH.R. 10 (106th)open
United States · United States Congress · 6 January 1999
TABLE OF CONTENTS: Title I: Facilitating Affiliation Among Securities Firms, Insurance companies, and Depository Institutions Subtitle A: Affiliations Subtitle B: Streamlining Supervision of Financial Holding Companies Subtitle C: Subsidiaries of National Banks Subtitle D: Wholesale Financial Holding Companies; Wholesale Financial Institutions Subtitle E: Preservation of FTC Authority Subtitle F: Applying the Principles of National Treatment and Equality of Competitive Opportunity to Foreign banks and Foreign Financial Institutions Subtitle G: Federal Home Loan Bank System Modernization Subtitle H: Direct Activities of Banks Subtitle I: Deposit Insurance Funds Subtitle J: Effective Date of Title Title II: Functional Regulation Subtitle A: Brokers and Dealers Subtitle B: Bank Investment Company Activities Subtitle C: Securities and Exchange Commission Supervision of Investment Bank Holding Companies Subtitle D: Studies Title III: Insurance Subtitle A: State Regulation of Insurance Subtitle B: Redomestication of Mutual Insurance Subtitle C: National Association of Registered Agents and Brokers Title IV: Unitary Savings and Loan Holding Companies Financial Services Act of 1999 - Title I: Facilitating Affiliation Among Securities Firms, Insurance Companies, and Depository Institutions - Subtitle A: Affiliations - Amends the Banking Act of 1933 (Glass-Steagall Act) to repeal the prohibitions: (1) against affiliation of any Federal Reserve member bank with an entity engaged principally in securities activities (securities affiliate); and (2) against simultaneous service by any officer, director, or employee of a securities firm as an officer, director, or employee of any member bank (interlocking directorates). (Sec. 102) Amends the Bank Holding Company Act of 1956 (BHCA) to exempt from its prohibition against interests in nonbanking organizations the shares of any company whose activities had been determined by the Board of Governors of the Federal Reserve System (the Board), as of the day before the date of enactment of this Act, to be so closely related to banking as to be a proper incident thereto. (Sec. 103) Creates a statutory mechanism for the establishment of financial holding companies (FHCs) whose subsidiary depository institutions are well-capitalized and well-managed and meet other specified criteria. Instructs the Board to establish and apply comparable capital standards to a foreign bank with a subsidiary bank or commercial lending company in the United States. Permits an FHC and a Board-supervised investment bank holding company (BHC) to engage in any activity and acquire the shares of any company whose activities have been determined by the Board to be either financial in nature, or incidental to financial activities. Mandates consultation and coordination, according to specified guidelines, between the Board and the Department of the Treasury regarding determination of whether an activity is financial in nature, or incidental to financial activities. Includes among such activities any investments, lending, insurance, securities transactions, certain financial operations abroad, and ownership or control of banking interests. Requires an FHC to make assurances that risk management procedures adequately protect insured depository institution subsidiaries, including reasonable measures to preserve separate corporate identity and limited liability. Mandates notification to the Board of certain large business combinations with FHCs or wholesale FHCs. Cites circumstances under which an FHC (and its foreign counterpart) may engage in nonfinancial activities. Permits FHCs which were not BHCs or foreign banks before becoming FHCs to retain limited non-financial activities and affiliations. Sets forth cross-marketing restrictions for FHC-controlled depository institutions. (Sec. 104) Preempts State anti-affiliation laws restricting transactions among insured depository institutions, wholesale financial institutions, insurance concerns, and national banks. Cites exceptions to such preemption, especially for State regulation of the business of insurance, including the retention of State capitalization requirements for an insurance entity acquired by another entity, and specified consumer protections. Declares that this Act shall not affect State antitrust and general corporate law. Retains State oversight authority over specified financial activities other than insurance. Prohibits State regulation of the insurance activities of an insured depository institution or wholesale financial institution in any way that discriminates adversely between insured depository institutions or wholesale financial institutions and other entities engaged in insurance activities. (Sec. 105) Requires that mutual bank holding companies be regulated on the same terms as bank holding companies. (Sec. 106) Amends the Riegle-Neal Interstate Banking and Branching Efficiency Act of 1994 (RNIBBEA) to apply its prohibition against deposit production offices to interstate branches acquired or established under this Act, including all branches of a bank owned by an out-of-State BHC. (Sec. 107) Amends the Federal Deposit Insurance Act (FDIA) to apply to any branch of a bank controlled by an out-of-State BHC certain requirements for branch closures by an interstate bank. (Sec. 108) Authorizes well-capitalized and well-managed limited purpose banks to engage in any banking activity. (Maintains the restriction that such banks may accept demand deposits or make commercial loans, but not both.) Prohibits such banks from permitting any overdraft (including intraday overdrafts), or incurring overdrafts in their accounts at a Federal Reserve Bank, on behalf of an affiliate, with certain exceptions. Permits such banks to: (1) issue corporate credit cards; (2) cross market affiliates; and (3) avoid divestiture by correcting violations within six months of receiving notice from the Board. (Sec. 109) Directs the Federal Trade Commission (FTC) to present interim reports to Congress regarding an ongoing multistage study of consumer privacy issues. (Sec. 110) Directs the Comptroller General to study and report to Congress on the projected impact that the enactment of this Act will have on financial institutions with total assets of $100 million or less. Subtitle B: Streamlining Supervision of Financial Holding Companies - Prohibits the Board from imposing any capital or capital adequacy criteria upon a non-depository institution FHC subsidiary that is in compliance with State or Federal capitalization rules, or is registered under the Investment Advisers Act of 1940. Prohibits the Board, in developing capital adequacy requirements, from taking into consideration any affiliated investment company which is not a bank holding company nor controlled by one holding 25 percent or more shares of the investment company worth more than $1 million. Authorizes the Board to transfer its BHC oversight authority to the appropriate Federal banking agency if a BHC is not significantly engaged in non-banking activities. Mandates Board deference to the SEC and relevant State securities and insurance authorities with respect to interpretations and enforcement of activities (functional regulation) within their respective jurisdictions. (Sec. 112) Provides that a declaration filed by a company seeking to be an FHC shall satisfy BHC registration requirements but not any requirement to file an application to acquire a bank. Revises BHCA divestiture procedures to permit a BHC to elect divestiture of either a nonbanking subsidiary or an insured depository institution. (Sec. 113) Declares ineffective and non-enforceable any Board actions requiring an insurance company BHC or a registered securities broker-dealer BHC to provide assets to a subsidiary insured depository institution if the State insurance authority, or the SEC, determines in writing that such actions would have a material adverse effect on the BHC's financial condition. Permits the Board to order divestiture of the subsidiary in lieu of other action. (Sec. 114) Authorizes the Board to restrict relationships or transactions between: (1) a BHC depository institution subsidiary and its affiliates (other than a subsidiary of the institution); and (2) a foreign bank and its U.S. affiliates. (Sec. 115) Grants the SEC exclusive authority to examine and inspect any non-BHC registered investment company. Prohibits a Federal banking agency from inspecting or examining such a non-BHC company. Permits the Federal Deposit Insurance Corporation (FDIC) to examine the affiliate of an insured depository institution in order to disclose fully the impact of their relationship upon such institution. (Sec. 116) Prohibits the Board from taking any action under the BHCA or the FDIA against a BHC-regulated subsidiary unless it is necessary to prevent or redress an unsafe or unsound practice or breach of fiduciary duty by the subsidiary that poses a material risk to the financial safety, soundness or stability of an affiliated depository institution or to the domestic or international payment systems. (Sec. 117) Declares it is the intent of Congress that the Board and State insurance regulators should: (1) coordinate their respective supervision of companies that control a depository institution and a company engaged in insurance activities; and (2) share relevant information on a confidential basis (including information regarding the financial health of the consolidated organization, and transactions and relationships between insurance companies and affiliated depository institutions). States that Federal banking agencies for depository institutions should also share information with State insurance regulators on a confidential basis regarding transactions and relationships between depository institutions and affiliated companies engaged in insurance activities. Sets forth guidelines for such information exchange and confidentiality. (Sec. 118) Declares that BHCA restrictions placed upon Board authority over bank holding companies and their nonbank subsidiaries shall also limit the authority of the FDIC with respect to such companies and their nonbank subsidiaries. (Sec. 119) Amends the FDIA to prohibit the use of the Bank Insurance Fund (BIF) and the Savings Association Insurance Fund (SAIF) to benefit any affiliates or subsidiaries of certain insured depository institutions in receivership, in default, or in danger of default, or of any insured depository institution in such circumstances that is acquiring another insured depository institutions. Subtitle C: Subsidiaries of National Banks - Amends Federal law governing national banks to prohibit a subsidiary of a national bank from engaging in any activity, or owning any shares of a company engaged in any activity, that a national bank is not permitted to engage in directly, or that is conducted under terms or conditions other than those that would govern the conduct of the activity by a national bank. Authorizes a national bank to own a subsidiary engaged in activities that are not permissible for a national bank only if a national bank is specifically authorized by the express terms of a Federal statute to own or control the subsidiary. (Sec. 121) Authorizes a national bank, with Comptroller of the Currency approval, to control a company that engages in agency activities determined to be financial in nature or incidental to such activities if: (1) the company engages in such activities solely as agent and not directly or indirectly as principal; and (2) the national bank and all its depository institution affiliates are well-capitalized and well-managed and have achieved a satisfactory or better record of meeting community credit needs under the Community Reinvestment Act of 1977 (CRA) at the institution's most recent examination. (Sec. 122) Amends Federal criminal law to proscribe misrepresentations regarding depository institution liability for obligations of affiliates. (Sec. 123) Amends the Federal Reserve Act to repeal: (1) the Board's power to restrict the percentage of individual bank capital and surplus represented by loans secured by stock or bond collateral; and (2) the Board's duty to establish such restrictions with a view to preventing the undue use of bank loans for the speculative carrying of securities. Subtitle D: Holding Companies; Wholesale Financial Institutions - Chapter 1: Wholesale Financial Holding Companies - Sets forth a statutory mechanism for regulation of wholesale financial holding companies that do not control a bank other than a wholesale financial institution (WFI) or specified, limited-purpose institutions. Requires such a company to be a registered bank holding company predominantly engaged in certain financial activities, and in control of one or more WFIs. Specifies the limits of Board examinations of such companies. Prohibits the Board, in developing capital adequacy requirements, from taking into consideration any affiliated investment company which is not a bank holding company nor controlled by one holding 25 percent or more shares of the investment company worth more than $1 million. Specifies the kinds of nonfinancial activities in which Board-supervised companies may engage. Sets forth guidelines for the treatment of certain nonfinancial investments and affiliations of foreign banks operating within the United States as Board-supervised wholesale financial holding companies. Chapter 2: Wholesale Financial Institutions - Amends the Revised Statutes to permit a national bank to operate as a noninsured national WFI subject to FRA and the regulatory authority of the Comptroller of the Currency. Amends FRA to prescribe procedural guidelines for State bank membership as a noninsured WFI in the Federal Reserve System, subject to FDIA enforcement authority and prompt corrective action requirements. Subjects such institutions to the Community Reinvestment Act of 1977. Prohibits a WFI from receiving initial deposits of $100,000 or less except on an incidental and occasional basis. Limits incidental deposits of $100,000 or less to a maximum five percent of a WFI's total deposits. Sets forth capital and managerial requirements for certain WFIs controlled by companies under the jurisdiction of either the SEC or the BHCA. Empowers the Comptroller of the Currency (in the case of a national WFI) and the Board to direct a WFI conservator or receiver to file a petition under title II of the Federal bankruptcy code. Amends FDIA to prescribe procedures whereby 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 WFI in order to accept any deposits. Subjects a State bank that is a WFI to the Community Reinvestment Act of 1977. Amends Federal bankruptcy law to prescribe WFI liquidation guidelines. Subtitle E: Preservation of FTC Authority - Amends the BHCA to require the Board to notify the FTC of its approval of a proposed acquisition, merger, or consolidation which involves acquisition of nonbanking interests. (Sec. 142) Directs certain Federal banking agencies to make data available to the Attorney General and the FTC that they deem necessary for antitrust review under specified statutes. (Sec. 143) Excludes from FTC jurisdiction any nondepository institution subsidiary or affiliate of a bank or savings association. Amends the Clayton Act to apply its premerger notification and waiting period requirements to any portion of a merger or acquisition transaction that does require notice under BHCA but does not require approval. (Sec. 144) Instructs the Comptroller General to report annually to the Congress on market concentration in the financial services industry and its impact on consumers. Subtitle F: Applying the Principles of National Treatment and Equality of Competitive Opportunity to Foreign Banks and Foreign Financial Institutions - Amends the International Banking Act of 1978 (IBA) to terminate the grandfathered authority of a foreign bank or company under the IBA to engage in any financial activity, if it files a BHCA declaration to function as a qualified BHC (QBHC). (Consequently, foreign banks with grandfathered affiliates would be permitted to keep them on the same terms and conditions that govern domestic banking organizations.) (Sec. 152) Amends the FDIA to allow insured foreign banks and foreign WFIs to terminate deposit insurance voluntarily in the same manner and to the same extent as insured State or national banks. (Sec. 153) Amends the International Banking Act of 1978 to authorize the Board to examine any affiliate of a foreign bank conducting business in any State in which the Board deems it necessary to determine and enforce compliance with Federal banking law. Subtitle G: Federal Home Loan Bank System Modernization - Federal Home Loan Bank System Modernization Act of 1999 - Amends the Federal Home Loan Bank Act (FHLBA) to expand Federal Home Loan Bank (FHLB) membership parameters to make a Federal savings association's membership in the FHLB system voluntary instead of mandatory. Permits such an association to withdraw its membership (currently such withdrawal is prohibited). (Sec. 164) Modifies guidelines governing long-term advances to: (1) allow advances to any community financial institution for small businesses, agricultural, rural development, or low-income community development lending; (2) make the cash (as well as the deposits) of an FHLB eligible collateral for securing a bank's interest in a loan or advance; and (3) repeal the 30 percent of capital cap on the aggregate amount of outstanding advances secured by real estate related collateral. Includes within the categories of collateral eligible for bank loan secured loans for small business, agriculture, rural development, or low-income community development, or securities representing a whole interest in such secured loans, in the case of any community financial institution. Authorizes an FHLB to renew certain advances on its own determination without concurrence by the Federal Housing Finance Board (FHFB). Requires an FHLB member with an advance secured by insufficient eligible collateral to reduce its level of outstanding advances according to a schedule determined by the FHLB (currently, by the FHF Board). Authorizes such Board to: (1) review the collateral standards applicable to each Federal home loan bank for designated classes of collateral; and (2) require an increase in such standards for safety and soundness purposes. (Sec. 165) Revises eligibility criteria to permit certain community financial institutions to gain FHLB membership regardless of the percentage of total assets represented by residential mortgage loans. (Sec. 166) Amends the FHLBA to increase from two years to four years the term of an elective director of a Federal home loan bank. Repeals the mandates for: (1) a procedure for informal review of certain supervisory decisions; and (2) the Housing Opportunity Hotline program. Repeals: (1) the prohibition against an FHLB's acquisition of a bank building by purchase or over ten-year lease; (2) the requirement for FHFB approval of personnel decisions as well as the exercise of corporate powers by any FHLB; and (2) authorization for an FHLB president to be a member of the FHLB board. Grants the FHFB power to: (1) issue charges upon an FHLB or any executive officer or director for violation of law or regulation in connection with the granting of any application or other request by the bank, or any written agreement between the bank and the FHFB, and take affirmative action to correct conditions resulting from violations or practices, or to limit FHLB activities; (2) address insufficiencies in capital levels resulting from automatic membership of a Federal savings association in the local FHLB; and (3) sue and be sued. Repeals FHFB jurisdiction to approve the granting by an FHLB of a member's application to secure an advance. Expands the mandate of FHLB Affordable Housing Programs to include providing subsidies (in addition to subsidized interest rates) on advances for member lending for low- and moderate-income housing. Authorizes each FHLB board of directors to approve member requests for Affordable Housing Program subsidies. Revises guidelines governing reserves and dividends to permit dividend payments out of previously retained earnings or current net earnings (currently, only out of net earnings). Repeals the requirement for: (1) FHFB approval for such dividend payments; and (2) investment of FHLB reserves exclusively in U.S. obligations or certain other Federal Government-related securities. (Sec. 167) States that FHLB payments to the Resolution Funding Corporation to cover interest payments on obligations shall be a specified percentage of net earnings (currently an aggregate sum certain). Subtitle H: Direct Activities of Banks - Amends Federal banking law to provide that limitations placed on securities transactions by a national banking association for its own account do not apply to State, local, or municipal bond transactions by a well-capitalized national banking association. Subtitle I: Deposit Insurance Funds - Directs the Board of Directors of the Federal Deposit Insurance Corporation to study and report to Congress on specified issues regarding the BIF and the SAIF, including their safety and soundness, and the adequacy of their reserve requirements in light of mergers and consolidations within the industry. (Sec. 187) Amends the FDIA and the Deposit Insurance Funds Act of 1996 to eliminate the Special Reserve of the Savings Association Insurance Fund (SAIF), and the Deposit Insurance Fund (DIF), respectively (established to provide emergency funds if the reserve ratio of either fund remains below 50 percent of its designated ratio for one year). Subtitle J: Effective Date of Title - Sets forth the effective date of title I of this Act. Title II: Functional Regulation - Subtitle A: Brokers and Dealers - Amends the Securities Exchange Act of 1934 (Exchange Act) to include certain bank activities within the definition of "broker" and "dealer" (thus subjecting them to registration requirements and regulation under the Exchange Act). (Sec. 203) Requires a registered securities association to create a limited qualification category, without a testing requirement, for certain bank employees effecting sales as part of a non-public primary securities offering (private placement sales). (Sec. 204) Amends the FDIA to direct the appropriate Federal banking agencies to: (1) promulgate regulations and complaint procedures applicable to retail transactions, solicitations, advertising, or offers of any security by any insured depository institution or affiliate other than a registered broker or dealer; (2) jointly establish a grievance process for customer complaints against banks or bank employees arising in connection with securities sales or purchases; and (3) establish recordkeeping requirements for banks relying on exceptions and exemptions from the definitions of broker and dealer under the Exchange Act. (Sec. 206) Defines traditional banking product. Amends the Securities Exchange Act of 1934 to authorize the SEC to determine by regulation that a bank that effects transaction in, or buys or sells, a new product should be subject to certain registration requirements. Sets forth procedural guidelines for the filing of a petition for judicial review by the Board of Governors of the Federal Reserve System or any aggrieved party. (Sec. 207) Amends the Securities Exchange Act of 1934 to define: (1) derivative instrument so as to exclude a traditional banking product; (2) qualified investor; and (3) government security, so as to include a qualified Canadian government obligation. Subtitle B: Bank Investment Company Activities - Amends the Investment Company Act of 1940 to authorize the SEC to prescribe conditions under which a bank or its affiliate serving as promoter, organizer, or principal underwriter for a registered management company or a registered unit investment trust may also serve as custodian of such company or trust. Permits the SEC to bring a civil action against a custodian for a registered investment company for breach of fiduciary duty involving personal misconduct. (Sec. 212) Declares it is unlawful for an affiliate, promoter, or principal underwriter for a registered investment company to lend to it or its subsidiaries in contravention of SEC prescriptions. (Sec. 213) Modifies the definition of "interested person" to identify transactions, services, and loans taking place during the six months preceding determination of an interested person 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 BHC, its affiliates and subsidiaries. (Sec. 214) Modifies guidelines pertaining to unlawful misrepresentation of guarantees and the deceptive use of names. (Sec. 215) Modifies the definition of "broker" to exclude any person who would be deemed a broker solely by reason of the fact that such person is an underwriter for one or more investment companies. (Sec. 216) Modifies the definition of "dealer" to exclude an insurance or an investment company. (Sec. 217) Amends the Investment Advisers Act of 1940 to modify the definition of investment adviser to remove the exclusion for banks that advise investment companies. Revises the definitions of broker and dealer. (Sec. 220) Mandates interagency sharing between the appropriate Federal banking agency and the SEC of examination results and other information pertaining to the investment advisory activities of a registered BHC and its separately identifiable departments or divisions. (Sec. 221) 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. (Sec. 222) Amends the Investment Company Act of 1940 to prescribe circumstances under which an investment adviser holding shares of an investment company in a fiduciary capacity must transfer the power to vote such shares to the beneficial owners or to another non-affiliated fiduciary. Subtitle C: SEC Supervision of Investment Bank Holding Companies - Amends the Securities Exchange Act of 1934 to permit certain investment bank holding companies that do not have a bank or savings association affiliate to elect SEC supervision. (Sec. 231) Provides for voluntary withdrawal from SEC supervision by specified investment bank holding companies. Sets forth the parameters of SEC supervision of investment bank holding companies, including authority to set capital adequacy standards. Instructs the SEC, in developing its rules, to consider use of debt and other liabilities (double leverage) by the supervised investment BHC in order to fund capital investments in affiliates. Prohibits the SEC from imposing capital adequacy requirements on regulated nonbanking entities (other than a broker or a dealer) that are in compliance with the capital requirements of another Federal regulatory body or State insurance authority. Mandates SEC deference to appropriate regulatory banking agencies and State insurance regulators with respect to the banking and insurance laws under their purviews. Grants the SEC backup inspection authority for certain wholesale financial holding companies for monitoring and compliance enforcement purposes. Subtitle D: Studies - Directs the Comptroller General to report to Congress on the efficacy, costs, and benefits of requiring a federally-insured depository institution to disclose to its retail consumers through the use of a logo or seal that its investment or insurance products are not FDIC-insured. (Sec. 242) Directs the Comptroller General to report to Congress regarding the efficacy and benefits of uniformly limiting commissions and costs incurred by customers in the acquisition of financial products. Title III: Insurance - Subtitle A: State Regulation of Insurance - Declares that the McCarran-Ferguson Act remains the law of the United States. (Sec. 302) Mandates: (1) State licensure of any entity providing insurance in a State as principal or agent; and (2) State functional regulation of insurance sales activity. (Sec. 304) Prohibits a national bank and its subsidiaries from providing insurance as principal in a State, except for certain authorized products (which may not include title insurance or taxable annuity contracts). (Sec. 305) Prohibits national banks and subsidiaries from selling or underwriting title insurance, except for certain grandfathered banks and subsidiaries already doing so. (Sec. 306) Establishes expedited dispute resolution for regulatory conflicts between State insurance regulators and Federal financial regulators. (Sec. 307) Requires each Federal banking agency to: (1) issue consumer protection regulations (including physical segregation of banking activities from insurance product activities); and (2) prohibit discrimination against victims of domestic violence. Expresses the sense of Congress that the States should adopt regulations prohibiting such discrimination regarding insurance products that are at least as strict as those under this Act. Mandates that the Federal banking agencies jointly establish a consumer complaint mechanism to address violations of this Act expeditiously. (Sec. 308) Preempts State law restricting: (1) insurance companies or insurance affiliates from becoming a financial holding company or acquiring control of a bank; and (2) the amount of an insurer's assets that can be invested in a bank (except that the insurer's State of domicile may limit such investments to five percent (or any higher threshold) of the insurer's admitted assets). Preempts State laws that restrict reorganization by an insurer from mutual form to stock form. Subtitle B: Redomestication of Mutual Insurers - Applies this title only to a mutual insurance company in a State which has not enacted a law expressly establishing reasonable terms for a mutual insurance company domiciliary to reorganize into a mutual holding company. (Sec. 312) Authorizes a mutual insurer organized under the laws of any State to transfer its domicile to another State pursuant to a reorganization in which such insurer becomes a stock insurer that is a subsidiary of a mutual holding company. Requires prospective redomesticating insurers to comply with specified reorganization requirements of the State insurance regulator of the transferee domicile. Preempts State laws restricting such redomestication. Subtitle B: National Association of Registered Agents and Brokers - Sets forth a regulatory framework for uniform multistate licensing for insurance sales practices, to take effect only if a majority of the States have not enacted uniform laws and regulations governing the licensure of insurance sales by individuals and entities within three years after enactment of this Act. (Sec. 322) Establishes the National Association of Registered Agents and Brokers (the Association) as a non-profit, non-Federal agency, to provide a mechanism for uniform licensing, appointment, continuing education, and other insurance producer sales qualification requirements which can be adopted and applied on a multistate basis, while preserving the right of States to regulate insurance producers and insurance-related consumer protection and unfair trade practices. (Sec. 324) Subjects the Association (which shall not be considered a Federal agency or instrumentality) to regulation by the National Association of Insurance Commissioners. Requires the Association to establish an office of consumer complaints. Vests management of the Association in a board of directors. Cites circumstances under which Association rules preempt State regulation of insurance producers. Requires the Association to coordinate with the National Association of Securities Dealers in order to mitigate administrative burdens that may result from dual membership. Title IV: Unitary Savings and Loan Holding Companies - Amends the Home Owners' Loan Act to prohibit new affiliations between savings and loan holding companies and certain commercial firms, except in specified circumstances. (Sec. 402) Amends specified Federal law to declare that any depository institution the charter of which is converted from that of a Federal savings association to a national bank or a State bank after enactment of this Act may retain the term "Federal" in its name so long as it remains an insured depository institution.
Bill· HRH.R. 102 (106th)open
United States · United States Congress · 6 January 1999
National Youth Crime Prevention Demonstration Act - Directs the Attorney General to make a five-year national youth crime prevention demonstration project grant to the National Center for Neighborhood Enterprise, a not-for-profit organization incorporated in the District of Columbia. (Sec. 3) Authorizes the Center to award grants to grassroots organizations to develop youth intervention models in the following cities: (1) Washington, D.C.; (2) Detroit, Michigan; (3) Hartford, Connecticut; (4) Indianapolis, Indiana; (5) Chicago (and surrounding metropolitan area), Illinois; (6) San Antonio, Texas; (7) Dallas, Texas; and (8) Los Angeles, California. (Sec. 4) Requires eligible grassroots entities to: (1) be not-for-profit community organizations with demonstrated effectiveness in mediating and addressing youth violence by empowering at-risk youth to become agents of peace and community restoration; and (2) submit grant applications to the Center to fund intervention models that establish violence-free zones. Requires the Center to consider the grassroots entity's: (1) track record (and that of its key participating individuals) in youth group mediation and crime prevention; (2) engagement and participation with other local organizations; and (3) ability to enter into partnerships with local housing authorities, law enforcement agencies, and other public entities. (Sec. 5) Authorizes use of grant funds for youth mediation, youth mentoring, life skills training, job creation and entrepreneurship, organizational development and training, development of long-term intervention plans, collaboration with law enforcement, comprehensive support services and local agency partnerships, and activities to further community objectives in reducing youth crime and violence. Directs the Center to identify local lead grassroots entities in each designated city which include: (1) the Alliance of Concerned Men of Washington in the District of Columbia; (2) the Hartford Youth Peace Initiative in Hartford, Connecticut; (3) the Family Help-Line in Los Angeles, California; (4) the Victory Fellowship in San Antonio, Texas; and (5) similar grassroots entities in other designated cities. Requires the Center, in cooperation with the Attorney General, also to provide technical assistance for startup projects in other cities. (Sec. 6) Directs the Center to evaluate and report to the Attorney General on the effectiveness of grassroots agencies and other public entities involved in such demonstration project. (Sec. 8) Authorizes appropriations.
Bill· HRH.R. 190 (106th)referred
United States · United States Congress · 6 January 1999
Credit Opportunity Amendments Act of 1999 - Amends the Community Reinvestment Act of 1977 to repeal the requirement that the appropriate Federal financial supervisory agency take an institution's record of meeting it's entire community's credit needs into its evaluation of such institution's deposit facility application. Requires each financial institution to prepare a public description of its lending and related programs designed to enhance the availability of community credit, including low- and moderate-income neighborhoods. Amends the Consumer Credit Protection Act and the Fair Housing Act to prohibit: (1) creditor discrimination on the basis of the racial or ethnic characteristics of the applicant's surrounding neighborhood; (2) the Attorney General from initiating a civil enforcement action pursuant to the Consumer Credit Protection Act except upon referral; and (3) the use of statistical data indicating a disparate impact on various classes of applicants of a creditor's credit decisions as evidence of violations of such Act(s) unless accompanied by additional evidence demonstrating actual discrimination and intent to discriminate.
Bill· HRH.R. 91 (106th)referred
United States · United States Congress · 6 January 1999
Family and Medical Leave Improvements Act of 1999 - Amends the Family and Medical Leave Act of 1993 to extend coverage to employees at worksites where the employer employs at least 25 (currently 50) employees at the worksite and within 75 miles of that worksite. Allows employees covered by such Act to take up to four hours during any 30-day period, and up to 24 hours during any 12-month period, of parental involvement and elder care leave to: (1) participate in or attend their children's educational and extracurricular activities; (2) accompany the child to routine medical or dental appointments; and (3) accompany an elderly relative to routine medical or dental appointments or appointments for other professional services related to the elder's care, such as interviewing at nursing or group homes. Amends Federal civil service law to apply the same parental involvement and elder care leave allowance to Federal employees.
Bill· HRH.R. 176 (106th)referred
United States · United States Congress · 6 January 1999
State Occupancy Standards Affirmation Act of 1999 - Amends the Quality Housing and Work Responsibility Act of 1998 to provide that: (1) a State standard shall be considered reasonable for purposes of determining familial status discrimination; and (2) the Secretary of Housing and Urban Development, in the absence of a State standard, shall take no action respecting a two-person per bedroom standard established by a housing provider. Defines "occupancy standard."
Bill· HRH.R. 143 (106th)referred
United States · United States Congress · 6 January 1999
TABLE OF CONTENTS: Title I: Demand for Quality Child Care Title II: Supply of Quality Child Care Subtitle A: Tax Benefits for Quality Child Care Subtitle B: Child Care Quality Improvement Incentive Program Subtitle C: Distribution of Information About Quality Child Care Subtitle D: Quality Child Care Through Federal Facilities and Programs Subtitle E: Miscellaneous Provisions Creating Improved Delivery of Child Care: Affordable, Reliable, and Educational Act - CIDCARE Act - Title I: Demand for Quality Child Care - Amends the Internal Revenue Code to modify the amount of the dependent care tax credit. Defines "accredited child care center," "child care credentialing or accreditation entity," and "credentialed child care professional." Makes the credit refundable taxpayers eligible for the earned income credit. Requires an employer to make advance payments (with wage withholding payments) of dependent care amounts. (Sec. 102) Increases the dollar limits on the exclusion from employee gross income of employer payments for dependent care assistance. Includes in the definition of "dependent care assistance" payments to the employee from amounts contributed to the employee's account during the pregnancy paid within one year after contribution and while the employee, the employee's spouse, or one of their parents stays at home to care for a qualifying individual. Requires the Office of Personnel Management to establish and maintain a dependent care assistance program for employees. (Sec. 103) Amends the Social Security Act to require States to have laws requiring that child support orders enforced under certain provisions include an amount for child care services. Title II: Supply of Quality Child Care - Subtitle A: Tax Benefits for Quality Child Care - Amends the Internal Revenue Code to allow a business credit for 50 percent (with a dollar limit) of qualified child care expenses, including the acquisition, construction, rehabilitation, or expansion of property, operating costs, services contracts, and accreditation costs. Terminates the credit after 1999. (Sec. 202) Applies provisions relating to corporate charitable contributions of scientific property used for research to include contributions to: (1) accredited or certified child care centers or their support entities; (2) educational organizations; (3) certain governmental units; and (4) certain scientific research organizations. Allows the donor to repair and refurbish the property. (Sec. 203) Excludes the deduction for the accreditation and credentialing expenses for child care providers from the two-percent floor on miscellaneous itemized deductions. (Sec. 204) Allows for the care of a dependent in a home office without loss of the home office deduction. Subtitle B: Child Care Quality Improvement Incentive Program - Establishes a program of competitive grants to States to improve child care quality. Requires recipient States to: (1) establish a subsidy for certified child care providers; (2) establish a grant program to assist small businesses in operating child care programs; and (3) carry out one or more of seven specified activities. Authorizes appropriations. Subtitle C: Distribution of Information About Quality Child Care - Requires technical assistance and the collection and dissemination of information concerning the importance of high quality child care. Mandates competitive grants to certain child care credentialing or accreditation entities, with the grants used to refine and evaluate the entities' procedures. Authorizes appropriations. (Sec. 222) Mandates a grant to an eligible organization to develop and operate a technology-based child care training infrastructure in order to facilitate accreditation, credentialing, and information dissemination. Regulates grantee fund use. Authorizes appropriations. (Sec. 223) Requires that grantee to establish and operate a child care training revolving fund to make loans to enable the purchase of equipment used to disseminate training through the infrastructure. Subtitle D: Quality Child Care Through Federal Facilities and Programs - Requires the Corporation for National and Community Service and the Departments of Education, Housing and Urban Development, Justice, and Labor to ensure that any child care made available under any Federal financial assistance carried out by those agencies be provided by an accredited child care center or a credentialed child care professional. Amends title XX (Block Grants to States for Social Services) of the Social Security Act to impose similar requirements on child care services made available under certain provisions. (Sec. 233) Amends the Housing and Community Development Act of 1974 to include the establishment of accredited child care centers in activities permitted to be assisted under community development provisions. Subtitle E: Miscellaneous Provisions - Amends the Higher Education Act of 1965 to allow loan repayments or cancellation for individuals employed providing child care services who have a certificate or degree in early childhood education or development. (Sec. 242) Amends part D (Child Support and Establishment of Paternity) of title IV of the Social Security Act to require that each State case registry record include the custodial status of any child covered by the order involved. Requires that the Secretary of the Treasury have access to: (1) the National Directory of New Hires to verify information that is required on a tax return (currently, to verify a claim regarding employment in a tax return); and (2) the Federal Case Registry of Child Support Orders to administer Internal Revenue Code provisions granting tax benefits based on support and residence provided dependent children. Limits the minimum past due support to which offset procedures may be applied to not more than $150. Sets the withholding threshold at $150 (currently, $500).
Bill· HRH.R. 67 (106th)referred
United States · United States Congress · 6 January 1999
Indian Housing Loan Guarantee Extension Act of 1999 - Amends the Housing and Community Development Act of 1992, with regard to the Indian Housing Loan Guarantee Fund, to extend the: (1) authorization of appropriations; and (2) annual guarantee limitations, but bases such limitations on fiscal year appropriations.
Bill· HRH.R. 16 (106th)referred
United States · United States Congress · 6 January 1999
TABLE OF CONTENTS: Title I: Benefits and Eligibility Title II: Participation of Physicians, Dentists, Nurses, Hospitals, and Others Title III: Local Administration Title IV: State Administration Title V: National Health Insurance Board; National Advisory Medical Policy Council; General Administrative Provisions Title VI: Eligibility Determinations, Complaints, Hearings, and Judicial Review Title VII: Application of Act to Individuals Covered Under Medicare Program Title VIII: Fiscal Provisions Title IX: Miscellaneous Provisions Title X: Value Added Tax and National Health Care Trust Fund Title XI: Study and Development of Cost Control Mechanisms National Health Insurance Act - Title I: Benefits and Eligibility - Makes medical services available to eligible individuals. (Sec. 102) Authorizes the National Health Insurance Board to limit services when personnel, facilities, or funds are inadequate. (Sec. 103) Allows patient choice of physicians and hospitals. (Sec. 105) Makes Federal grants to States under the Social Security Act available to the States for services for uninsured needy individuals. Title II: Participation of Physicians, Dentists, Nurses, Hospitals, and Others - Authorizes State agreements with individuals or organizations for service provision. (Sec. 208) Regulates payment bases and rates, requiring local adjustments. (Sec. 210) Allows providers to choose their practice locality and, consistent with State law and professional ethics, reject patients. Title III: Local Administration - Decentralizes administration to local administrative committees or officers. (Sec. 303) Requires establishment in each health service area of a local area committee and local professional committees. Title IV: State Administration - Expresses the intent of the Congress that benefit provisions be administered by each State. Provides for Board administration if State plans are not approved and complied with. Title V: National Health Insurance Board; National Advisory Medical Policy Council; General Administrative Provisions - Establishes: (1) in the Department of Health and Human Services the National Health Insurance Board; and (2) the National Advisory Medical Policy Council. Title VI: Eligibility Determinations, Complaints, Hearings, and Judicial Review - Requires that the Secretary of Health and Human Services determine benefit eligibility. (Sec. 602) Describes complaint investigation procedures. Title VII: Application of Act to Individuals Covered Under Medicare Program - Limits, for individuals entitled to benefits under title XVIII (Medicare) of the Social Security Act, benefits under this Act to services for which the individual is not eligible under Medicare. (Sec. 702) Mandates a study of the relationship of this Act's program and Medicare. Title VIII: Fiscal Provisions - Makes National Health Care Trust Fund amounts available for expenditures under this Act. (Sec. 802) Directs the Board to determine amounts to be made available from the Fund and allotments to the States. (Sec. 803) Authorizes grants to: (1) educational institutions regarding the training of personnel providing or administering benefits; and (2) individuals in courses regarding the provision or administration of benefits. Requires that funds be made available. Title IX: Miscellaneous Provisions - Requires that benefits first become available on a specified date. Title X: Value Added Tax and National Health Care Trust Fund - Amends the Internal Revenue Code to impose a tax on each taxable transaction (the sale of property, performance of services, and importing of property by a taxable person in a commercial-type transaction). Sets the tax rate at zero for: (1) retail food, principal residence housing (sale and rental), and medical care; (2) certain transactions involving governmental entities; and (3) certain tax-exempt organizations. Makes the person selling the property or services liable for the tax. (Sec. 1002) Establishes the National Health Care Trust Fund. Appropriates to the Fund amounts received from the value added tax. Allows the Fund to be used only to carry out the program under this Act. Title XI: Study and Development of Cost Control Mechanisms - Directs the Secretary of Health and Human Services to: (1) conduct a study on controlling benefit costs, including malpractice claims and malpractice insurance costs; (2) report to the Congress; and (3) implement the report's recommendations.
Bill· HRH.R. 175 (106th)open
United States · United States Congress · 6 January 1999
Affordable Housing Opportunity Act of 1999 - Amends the Internal Revenue Code to increase, and link to the cost-of-living adjustment, the State low-income housing credit ceiling.
Bill· HRH.R. 152 (106th)referred
United States · United States Congress · 6 January 1999
Amends the Internal Revenue Code to disregard certain Native American housing assistance in determining whether a building is federally subsidized for low-income housing credit purposes.
Resolution· HCONRESH.Con.Res. 10 (106th)referred
United States · United States Congress · 6 January 1999
Expresses the sense of the Congress that the Government National Mortgage Association guaranty fee should not be increased.