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Bill· HRH.R. 1504 (104th)referred
United States · United States Congress · 7 April 1995
Public Pension Equity Restoration Act of 1995 - Amends the Internal Revenue Code to allow deferred compensation to be included in governmental retirement plans. Makes inapplicable to governmental plans the rule which limits benefits to 100 percent of the average compensation for the highest three years. Removes excess benefit arrangements and survivor and disability benefits from limitations on governmental plans. Provides a mechanism to pay benefits above limitations to certain employees.
Bill· HRH.R. 1469 (104th)referred
United States · United States Congress · 7 April 1995
Amends the Internal Revenue Code to prescribe rules regarding limitations on employer contributions under defined contribution plans and eligible deferred compensation plans which are required by reason of veterans' reemployment rights. Treats an employer of a veteran entitled to such rights as meeting such reemployment requirements if the employer permits certain additional elective deferrals from the date of reemployment and makes a matching contribution which would have been required during the period of military service.
Bill· SS. 709 (104th)referred
United States · United States Congress · 6 April 1995
TABLE OF CONTENTS: Title I: Amendments to Fair Credit Reporting Act Title II: Credit Repair Organizations Title III: Truth in Lending Act Title I: Amendments to Fair Credit Reporting Act - Consumer Reporting Reform Act of 1995 - Amends the Fair Credit Reporting Act (the Act) to: (1) define adverse action to include denial of credit, insurance, or employment; (2) specify that the term "credit or transaction which is not initiated by the consumer" does not include use of a consumer report (CR) by a person with which the consumer has an account for purposes of reviewing or collecting the account; (3) define the term "firm offer of credit or insurance" to mean any offer of credit or insurance to a consumer that will be honored if the consumer is determined, based on information in a CR on the consumer, to meet the specific criteria used to select the consumer for the offer, except that the offer may be further conditioned as specified; and (4) excludes certain communications by from the definition of "consumer report." (Sec. 103) Allows the furnishing of a CR for: (1) a legitimate business need in connection with a business transaction that is initiated by the consumer or is a direct marketing transaction for which the furnishing of information from a consumer's file by the agency is not prohibited, or to review an account to determine whether the consumer continues to meet the terms of the account; and (2) employment purposes only if certain disclosures are made and the consumer consents. (Sec. 104) Prohibits: (1) using or obtaining information from a CR unless it is obtained for an authorized purpose; (2) the furnishing of a CR for use in credit transactions not initiated or authorized by the consumer; and (3) a credit reporting agency (CRA), in connection with employment or credit transaction purposes, from furnishing, without the consumer's consent, a CR which contains medical information. Requires CRAs to maintain a notification system, including a toll-free telephone number, which permits any consumer to elect to be excluded from lists provided in connection with solicitations of credit or insurance not initiated by the consumer. (Sec. 106) Removes exceptions to prohibitions on reporting obsolete information. (Current law prohibits reporting information which is over a specified number of years old, except for credit transactions, life insurance, or employment involving amounts over specified limits.) Regulates the beginning of the seven-year reporting period for certain types of information. Requires CRAs to include in CRs information that a consumer voluntarily closed an account and to indicate any information that is disputed by a consumer. (Sec. 107) Prohibits a person who procures a CR from reselling the information unless the identity of the end user and the purpose is disclosed to the CRA. (Sec. 108) Requires a CRA to: (1) disclose to a consumer all information in the consumer's file, certain information about the recipients of a CR, a record of inquiries in the last year that identified the consumer in connection with a credit transaction which was not initiated by the consumer, and, with any such disclosures, a summary of the consumer's rights under the Act. (Sec. 109) Requires CRAs, unless the dispute is frivolous or irrelevant, to reinvestigate disputed information free of charge or delete the item from the file, notify the information furnisher, delete inaccurate, incomplete, or unverifiable information, and notify the consumer of the results of the reinvestigation. Requires certain CRAs to implement automated reinvestigation systems. (Sec. 110) Regulates charges by CRAs for certain disclosures. Provides for certain free disclosures to a consumer if the consumer certifies that he or she is unemployed or is a recipient of public welfare assistance or has reason to believe that the consumer file is inaccurate due to fraud. (Sec. 111) Revises current requirements on users of consumer reports and sets forth revised and additional requirements concerning the duties of users: (1) taking adverse actions on the basis of information contained in consumer reports; (2) making written credit solicitations on the basis of information contained in consumer files; and (3) making other written solicitations on the basis of information contained in consumer files. (Sec. 112) Subjects any person (currently, any CRA or user of information) to civil liability for willful or negligent noncompliance with the Act. (Sec. 113) Sets forth: (1) duties of furnishers of information to CRAs, including a prohibition on furnishing information which the furnisher should have known is incomplete or inaccurate; and (2) provisions regarding investigative consumer reports. Increases criminal penalties for obtaining information under false pretenses. (Sec. 117) Authorizes State civil actions to enforce the Act, subject to a specified limitation. (Sec. 119) Preempts any State law relating to CR and CRA requirements imposed under this Act, with specified exceptions. (Sec. 120) Allows the Federal Trade Commission (FTC) to modify or make more stringent certain requirements if found necessary for the protection of consumers. (Sec. 121) Amends the Fair Debt Collection Practices Act to provide exceptions to certain debt collection practices with respect to communications. (Sec. 122) Amends the Fair Credit Reporting Act to authorize the furnishing of consumer reports to certain officials for purposes relating to child support. (Sec. 123) Requires a CRA to identify, to the FBI, financial institutions at which a consumer maintains or has maintained an account for purposes of foreign counterintelligence investigations. Authorizes a court, if requested by the Director of the Federal Bureau of Investigation (FBI), to issue an order directing a CRA to furnish a CR to the FBI upon a showing in camera that: (1) the CR is necessary for an authorized foreign counterintelligence investigation; and (2) there are facts giving reason to believe that the consumer whose CR is sought is a foreign agent and is engaging or has engaged in international terrorism or clandestine intelligence activities that may involve a criminal violation. Limits the FBI's use of such CRs and sets forth prohibitions on disclosure. Makes an agency liable to the consumer for damages for disclosure violations. Terminates this section five years after this Act's enactment. Title II: Credit Repair Organizations - Amends the Consumer Credit Protection Act to provide that specified provisions of that Act may be cited as the Credit Repair Organizations Act. (Sec. 201) Prohibits: (1) advising any consumer to make an untrue or misleading statement, or to alter the consumer's identification to prevent the display of the consumer's credit record; (2) other fraud or deception; and (3) a credit repair organization (CRO) from charging or receiving valuable consideration for any service before such service is fully performed. Specifies a statement which a CRO must provide to consumers before an agreement is executed regarding the consumer, the CRO, and related rights, powers, and obligations. Requires written, signed contracts covering specified matters in order for a CRO to provide services. Allows a consumer to cancel a contract with a CRO within three business days of making the contract. Declares void any consumer waiver of any protection under this title. Makes an attempt to obtain a waiver a violation of this title. Voids any contract not in compliance with this title. Provides for civil liability for failing to comply with this title, including allowing punitive damages and class actions. Requires enforcement of this title under the Federal Trade Commission Act (FTCA) by the FTC. Makes: (1) a violation of this title an unfair or deceptive act or practice in violation of specified provisions of the FTCA; and (2) all functions and powers of the FTC available for enforcement of this title. Establishes a statute of limitations for actions to enforce liability under this title. Title III: Truth in Lending Act - Amends the Truth in Lending Act to include certain intangible taxes and delivery fees as finance charges for purposes of consumer credit cost disclosure. Declares that creditors have no civil or criminal liability, and that consumers have no extended rescission rights, due to a creditor's improper disclosure of such taxes and fees for transactions consummated prior to February 1, 1995.
Bill· SS. 701 (104th)referred
United States · United States Congress · 6 April 1995
Amends the Internal Revenue Code to reduce the deduction for corporate interest payments by 20 percent. Excepts small corporations and farming businesses from such reduction. Allows corporations a deduction of 50 percent of the dividends paid during a taxable year. Limits such deduction to the amount in the qualified dividend account established by the corporation for the payment of such dividends. Prohibits the following corporations from using such deduction: (1) regulated investment companies; (2) real estate investment trusts; (3) an S corporation (certain small business corporations); (4) cooperative organizations; and (5) foreign sales corporations and domestic international sales corporations. Provides for an increase in the withholding tax on dividends paid to nonresident aliens or foreign corporations to reflect the dividend paid deduction. Requires, in the case of the acquisition of assets of a corporation by another corporation, that the acquiring corporation carryover the qualified dividend account.
Bill· SS. 695 (104th)open
United States · United States Congress · 6 April 1995
Tallgrass Prairie National Preserve Act of 1995 - Establishes the Tallgrass Prairie National Preserve to provide for the preservation, restoration, and interpretation of the Spring Hill Ranch area of the Flint Hills of Kansas. Considers the Preserve a designated unit of the National Park System, including for purposes of charging entrance and admission fees under specified provisions of the Land and Water Conservation Fund Act of 1965. Requires the Secretary of the Interior to prepare and submit to specified congressional committees a general management plan for the Preserve. Authorizes the acquisition of real property and improvements thereon, and rights-of-way on roads that are not owned by Kansas, within the boundaries of the Preserve. Sets forth provisions regarding payments to local governments in lieu of taxes for such real property. Prohibits: (1) such property from being acquired without the owner's consent; and (2) U.S. acquisition of fee ownership of any lands within the Preserve other than these lands. Establishes the Tallgrass Prairie National Preserve Advisory Committee to advise the Secretary and the Director of the National Park Service on the development, management, and interpretation of the Preserve. Authorizes appropriations.
Bill· SS. 700 (104th)open
United States · United States Congress · 6 April 1995
Amends the Internal Revenue Code to provide that if a U.S. citizen relinquishes citizenship, all property held by such citizen at the time immediately before relinquishment shall be treated as sold at such time for its fair market value and any gain or loss shall be subject to U.S. income tax. Allows an expatriate to elect to have property made subject to tax in the same manner as if the individual were a U.S. citizen if the individual: (1) provides security for payment of tax; (2) consents to waiver of treaty rights that would preclude tax assessment or collection; and (3) complies with other requirements prescribed by the Secretary of the Treasury. Excludes $600,000 in gain from taxation. Limits the amount of estate, gift, and generation-skipping transfer taxes in the event of such an election. Excepts U.S. real property interests and interest in certain retirement plans. Prescribes rules for the treatment of an expatriate's interests in a trust. Terminates, on the date on which property held by an individual is treated as sold under this Act, any deferral of recognition of income or gain and any extension of time for payment of tax. Imposes a tentative tax, immediately before the expatriation date, on income required to be included equal to the amount that would be imposed if the taxable year were a short taxable year ending on the expatriation date. Treats as the basis of property of a nonresident alien individual who becomes a U.S. citizen or resident, for purposes of determining gain or loss, the property's fair market value on the date on which: (1) the individual becomes a citizen or resident; or (2) the property first becomes subject to tax by reason of being used in a trade or business or by reason of becoming a U.S. real property interest.
Bill· SS. 692 (104th)open
United States · United States Congress · 6 April 1995
TABLE OF CONTENTS: Title I: Estate Tax Provisions Title II: Income Tax Treatment Family Forestland Preservation Tax Act of 1995 - Title I: Estate Tax Provisions - Amends the Internal Revenue Code to exclude from a gross estate, for estate tax purposes, the value of a qualified conservation contribution. Provides a special estate tax valuation based on the use of a decedent's forestland in timber operations. Provides for the recapture of estate tax if such real property is disposed of by an heir or devisee and for failure to use the property in timber operations. Title II: Income Tax Treatment - Provides taxpayers a partial inflation adjustment for the deduction from gross income for qualified timber gain. Allows such deduction in computing adjusted gross income. Excludes from gross income the applicable percentage of qualified timber gain from the sale or exchange of property used in timber operations to a governmental unit for conservation purposes. Excludes from conditions of the material participation rules, for purposes of the passive loss limitations, closely held timber activity if the aggregate hours devoted to management of the activity for any year is generally fewer than 100 hours.
Bill· SS. 707 (104th)open
United States · United States Congress · 6 April 1995
TABLE OF CONTENTS: Division A: Exchange of Responsibilities for Providing Welfare Assistance and Medical Care Title I: Federal and State Responsibilities During and After the Transition Period Subtitle A: Transition Period Subtitle B: Post-Transition Period Subtitle C: Legislative Proposals Subtitle D: Health Benefits and Coverage Commission Title II: Acute Care Benefits Under the Medicare Program for Elderly Low-Income and Nonelderly Low- Income Disabled Individuals Subtitle A: Eligibility Criteria and Acute Care Benefits for Elderly Low-Income Individuals Subtitle B: Eligibility and Acute Care Benefits for Nonelderly Low-Income Disabled Individuals Subtitle C: Premiums, Coinsurance, and Deductibles Established Without Regard to Additional Costs Title III: Establishment of the Long-Term Care Program Subtitle A: Establishment Subtitle B: Providing Long-Term Care Subtitle C: Requirements for Long-Term Care Contractors Subtitle D: Establishing Long-Term Care Benefits for Certain Individuals Title IV: Ensuring Financing for Federal Health Care for Certain Elderly Low-Income and Nonelderly Low- Income Disabled Individuals Title V: Miscellaneous Provisions Division B: Tax Incentives and Standards for Long-Term Care Insurance Title I: Tax Treatment of Long-Term Care Insurance Title II: Standards for Long-Term Care Insurance Title III: Incentives to Encourage the Purchase of Private Insurance Welfare and Medicaid Responsibility Exchange Act of 1995 - Division A: Exchange of Responsibilities For Providing Welfare Assistance and Medical Care - Title I: Federal and State Responsibilities During and After the Transition Period - Subtitle A: Transition Period - Provides for the termination of AFDC (Aid to Families with Dependent Children), JOBS (Job Opportunities and Basic Skills Training Program), WIC (Special Supplemental Food Program for Women, Infants, and Children), and food stamp programs over a five- year transition period starting October 1, 1996, shifting financial responsibility to the States for providing similar assistance to low-income individuals, with such cash or non-cash assistance paid for, in part, out of equivalent to the Federal welfare savings. Requires States to provide Medicaid assistance, during such transition period, to certain otherwise eligible individuals who are not welfare- related. Subtitle B: Post-Transition Period - Requires Federal assumption, during the transition period, of Medicaid acute care benefits and long-term care benefits. Authorizes each State, after the transition period, to provide medical care to welfare-related individuals. (Sec. 121) Directs the Health Benefits and Coverage Commission (established under subtitle D of this title) to develop a legislative proposal recommending a certain grant program designed to award grant funds to those States: (1) that experience the greatest loss of Federal funds as a result of program terminations of this title; and (2) contain cities or counties among the least affluent in the United States, and have the greatest need for public services for low-income and disadvantaged individuals. Subtitle C: Legislative Proposals - Specifies other legislative proposals for the Commission to develop. Provides for congressional consideration of implementing bills. Subtitle D: Health Benefits and Coverage Commission - Establishes the Health Benefits and Coverage Commission. Authorizes appropriations. Title II: Acute Care Benefits Under the Medicare Program for Elderly Low-Income and Nonelderly Low-Income Disabled Individuals - Subtitle A: Eligibility Criteria and Acute Care Benefits for Elderly Low-Income Individuals - Requires the legislative proposal developed by the Commission under title I to recommend a category of elderly low-income individuals eligible for benefits under the Medicare program (as amended by this Act), subject to the availability of appropriations. Limits such category to: (1) the elderly individuals eligible for Supplementary Security Income (SSI) under title XVI of the Social Security Act (SSA); (2) elderly individuals who meet a Federal medically needy standard (which may be based on specified factors); and (3) individuals who would have been eligible to receive medical assistance for Medicare cost-sharing as certain kinds of beneficiaries under SSA before enactment of this Act. Requires certain cost projections to accompany such proposal, together with prescribed cost controls. (Sec. 202) Requires such proposal to include specified Medicare benefits for elderly low-income individuals. Subtitle B: Eligibility and Acute Care Benefits for Nonelderly Low-Income Disabled Individuals - Requires such legislative proposal to establish a category of nonelderly low-income disabled individuals. Requires certain cost projections to accompany such proposal, together with prescribed cost controls. (Sec. 212) Requires such proposal to include specified Medicare benefits for nonelderly low-income disabled individuals. Subtitle C: Premiums, Coinsurance, and Deductibles Established Without Regard to Additional Costs - Directs the Secretary of Health and Human Services to establish premiums, coinsurance, and deductibles for the Medicare program after the transition period without regard to the amount of additional Federal expenditures incurred for providing acute care benefits to elderly low-income and nonelderly low-income disabled individuals. Title III: Establishment of the Long-Term Care Program - Subtitle A: Establishment - Directs the Secretary to establish a long-term care program. Subtitle B: Providing Long-Term Care - Directs the Secretary to establish a procedure for making eligibility determinations under the long-term care program and for periodic reassessment (at least annually, with certain exceptions) of an individual's financial and physical condition. (Sec. 312) Authorizes the Secretary to contract on a statewide, marketwide, or regional basis with any State, local government, community or civic organization, private entity, joint public and private partnership, or fiscal intermediary meeting certain requirements to provide or deliver benefits under the long-term care program. Prescribes requirements for such contracts and contractors. (Sec. 313) Requires the Secretary to provide individuals meeting eligibility criteria with long-term care benefits through any other means if at least one long-term care contractor in their area does not enter into a program contract. (Sec. 314) Sets forth contract terms and the Secretary's powers and duties. Subtitle C: Requirements for Long-Term Care Contractors - Prescribes other general requirements for long-term care contractors, along with needs assessment and individualized plan of care requirements for beneficiaries. (Sec. 323) Requires long-term care contractors to establish: (1) procedures that assure reasonable standards of quality of care consistent with prevailing professionally recognized standards of medical practice; and (2) meaningful procedures for hearing and resolving grievances with eligible individuals. Sets forth appeal procedures for such grievances. (Sec. 325) Requires the Secretary to have access to any contractor or subcontractor records. Subtitle D: Establishing Long-Term Care Benefits for Certain Individuals - Requires the Commission's legislative proposal to recommend national eligibility criteria for elderly or disabled individuals to receive long-term bare benefits, developed according to specified guidelines, and including repeal and replacement of the current Medicaid program with a program established according to this title. Title IV: Ensuring Financing for Federal Health Care for Certain Elderly Low-Income and Nonelderly Low-Income Disabled Individuals - Requires the Secretary to report to the Congress the actual or estimated shortfall, along with a legislative proposal, if the funds appropriated for any fiscal year for acute care benefits and long-term care benefits are, or are estimated to be, insufficient to pay the total Federal expenditures for such purposes. Requires such legislative proposal to include a request for supplemental appropriations together with proposed modifications to eligibility requirements and benefits. Requires the Secretary to modify such benefits, according to specified priorities, if the Congress fails to enact legislation in response to the proposal with 45 days. Title V: Miscellaneous Provisions - Requires an individual to satisfy separately the eligibility requirements for acute care benefits under Medicare and long-term care benefits under the long- term care program. Permits such individual to use the same assets or income to meet the separate eligibility criteria. (Sec. 502) Requires the Secretary, after the transition period, to take all necessary and appropriate steps in administering the Medicare program and the long-term care program to facilitate and encourage opportunities for enrollment in private health care plans and integrated systems of managed care plans by individuals eligible for benefits under this Act. (Sec. 503) Requires the Commission's legislative proposal to recommend modifications to SSI eligibility requirements for children, alcoholics, and drug addicts so that only the most severely disabled among them are eligible for SSI benefits. (Sec. 504) Prescribes information requirements for an annual report to the Congress on implementation of this Act. (Sec. 505) Directs the Commission to study and report to Congress on what legislative and regulatory measures can be taken to integrate acute and long-term care benefits for all elderly and disabled individuals. Division B: Tax Incentives and Standards for Long-Term Care Insurance - Title I: Tax Treatment of Long-Term Care Insurance - Amends the Internal Revenue Code to make qualified long-term care expenses deductible medical care expenses. (Sec. 1003) Treats a qualified long-term care insurance policy as an accident and health insurance contract. (Sec. 1004) Excludes qualified long-term care plans from COBRA continuation requirements. (Sec. 1005) Treats any amount distributed to an individual under a life insurance contract (including accelerated death benefits) on the life of a terminally ill individual as an amount paid by reason of the insured's death. Prescribes the tax treatment of companies issuing qualified accelerated death benefit riders. Title II: Standards for Long-Term Care Insurance - Sets forth additional requirements for issuers of long-term care insurance policies. Imposes an excise tax on such issuers who fail to meet such requirements. Title III: Incentives to Encourage the Purchase of Private Insurance - Directs the Secretary to provide for a public information and education program on the benefits of securing long-term care insurance coverage and the risks of not doing so. Authorizes appropriations.
Bill· SS. 702 (104th)referred
United States · United States Congress · 6 April 1995
Amends the Internal Revenue Code, for purposes of the unrelated business income tax imposed upon tax-exempt organizations, to exclude from determinations of unrelated debt-financed income indebtedness incurred to acquire or improve real property by a private foundation meeting the following criteria: (1) at least one-half of its assets consisted at all times of real property acquired by gift or devise; (2) such property represented before the indebtedness was incurred more than ten percent of the aggregate fair market value of the foundation's non-exempt assets; and (3) no member of the foundation's governing body was disqualified during any taxable year in which the indebtedness was outstanding.
Bill· SS. 687 (104th)referred
United States · United States Congress · 6 April 1995
TABLE OF CONTENTS: Title I: Eligibility and Other Matters Concerning Child Support Enforcement Program Clients Title II: Program Administration and Funding Title III: Locate and Case Tracking Title IV: Streamlining and Uniformity of Procedures Title V: Paternity Establishment Title VI: Establishment and Modification of Support Orders Title VII: Enforcement of Support Orders Title VIII: Demonstrations Title IX: Access and Visitation Grants Title X: Effect of Enactment Child Support Enforcement Act of 1995 - Title I: Eligibility and Other Matters Concerning Child Support Enforcement Program Clients - Amends part D (Child Support and Establishment of Paternity) of title IV of the Social Security Act (SSA) to require State plans for child and spousal support, Aid to Families with Dependent Children, and Medicaid to provide that the State agency administering the plan will make a determination as to whether a recipient of such programs is cooperating with efforts to establish paternity and secure support or has good cause not to cooperate with such efforts. (Sec. 102) Requires States to have statutorily prescribed procedures to: (1) record child support orders in a central case registry; and (2) collect child support payments through a centralized collections unit. Revises the guidelines for: (1) State plans for child and spousal support; and (2) payments distribution. (Sec. 104) Requires State plans to establish procedures for: (1) notification of all proceedings and orders affecting child support obligations; (2) privacy safeguards regarding paternity and child support actions; and (3) outreach to parents designed to disseminate information about and increase access to child support enforcement services. Title II: Program Administration and Funding - Revises the formula for: (1) Federal matching payments to the States; and (2) incentive adjustments to the Federal matching rate. (Sec. 203) Requires a State plan for child and spousal support to include prescribed procedures for State reviews and audits. Revises the guidelines for Federal evaluation and audit of State programs governing paternity, child and spousal support, and parent location. (Sec. 204) Revises the automated data processing requirements for State plans to mandate a single statewide automated data processing and information retrieval system which can perform specified tasks. (Sec. 205) Mandates that: (1) a separate organizational unit within the Department of Health and Human Services which is charged with providing technical assistance to the States, develop a core curriculum, training standards, and a national training program for directors of State programs with respect to spousal and child support collection and paternity; and (2) State plans provide for the implementation of a training program compatible with the Federal training program. Directs the Secretary of Health and Human Services (the Secretary) to conduct staffing studies of each State child support enforcement program and to report the results to the Congress. (Sec. 206) Makes funds available to the Secretary for: (1) training of Federal and State staff, research and demonstration programs, and special projects of regional and national significance; and (2) operation of the Federal Parent Locator Service. (Sec. 208) Mandates that a State agency administering a child support enforcement program make information in the central State case registry available to State agencies administering income and eligibility verification systems. Title III: Locate and Case Tracking - Mandates that the single statewide automated data system function as a single central case registry of State-provided services and support orders. Delineates contents of case records and data matching activities, including data exchange with sister States. (Sec. 302) Requires State plans to include a centralized, automated unit for the collection and disbursement of support payments. (Sec. 303) Requires the States to have statutorily prescribed procedures: (1) for mandatory income withholding for support payments subject to enforcement; and (2) under which child support orders issued before October 1, 1996, shall become subject to withholding from wages if arrearages occur, without the need for a judicial or administrative hearing. Revises the procedural guidelines for income withholding for child support enforcement. (Sec. 304) Requires the States to have statutorily prescribed procedures: (1) delimiting State use of locator information from interstate networks; and (2) under which labor unions, and hiring halls of labor unions, must furnish specified member information upon the request of a State child support enforcement agency. (Sec. 305) Directs the Secretary to establish the National Child Support Information Clearinghouse, composed of the Federal Parent Locator Service following registries created by this Act: (1) the National Child Support Registry; and (2) the National Directory of New Hires. (Sec. 306) Revises the Federal Parent Locator Service to add the kinds of information which may be transmitted to locate individuals and assets for purposes of establishing parentage and executing child support obligations. (Sec. 307) Directs the Secretary to study and report to the Congress on the: (1) accessibility of Federal Parent Locator Service information to noncustodial parents; and (2) feasibility of establishing and operating electronic data interchanges between such Service and major consumer credit reporting bureaus. Requires the Secretary to make demonstration grants to the States to test the utility of automated data exchanges with State data bases in order to facilitate paternity establishment and support obligation enforcement. (Sec. 308) Requires State plans to include procedures for recording Social Security numbers on certain family legal documents and records. Title IV: Streamlining and Uniformity of Procedures - Requires each State to have the Uniform Interstate Family Support Act in effect as of January 1, 1996. Makes conforming amendments to the Federal judicial code governing full faith and credit for child support orders. (Sec. 403) Amends SSA title IV part D to revise State plan guidelines for mandatory expedited administrative and judicial procedures to include: (1) establishment and modification of support awards under all orders included in the central case registry; (2) authorized genetic testing to establish paternity; and (3) the securing of assets and increasing of monthly payments to satisfy a support arrearage. Makes conforming amendments to the U.S. bankruptcy code. Title V: Paternity Establishment - Revises the guidelines for statutorily prescribed procedures governing genetic testing and outreach for voluntary paternity acknowledgment (including proceedings to establish paternity before the birth of the child). (Sec. 503) Prescribes percentage guidelines under which Federal matching payments to a State are reduced for failure to establish paternity promptly. (Sec. 504) Permits Federal financial participation in approved State plans which provide incentive payments to families to encourage paternity establishment. Directs the Secretary to authorize three State demonstration projects providing such incentives. Title VI: Establishment and Modification of Support Orders - Authorizes the Secretary to establish the National Commission on Child Support Guidelines to consider the advisability of national child support guidelines, and propose guidelines for consideration by the Congress. Authorizes appropriations. (Sec. 602) Revises the requirements for State plan procedures for the review and adjustment of child support orders. (Sec. 603) Requires the Secretary and the Secretary of the Treasury to conduct a study to determine how tax return information may be used to facilitate the process of determining the amount by which child support awards should be modified. (Sec. 604) Requires State plans to include procedures to ensure that child support orders reflect annual cost-of-living adjustments. Title VII: Enforcement of Support Orders - Authorizes the Secretary to establish a revolving loan fund for program improvements to increase child support collections. Authorizes appropriations. (Sec. 702) Amends the Internal Revenue Code to revise the priority of refund distribution with respect to past-due support owed to individuals. (Sec. 703) Requires the Comptroller General to report to the Congress on the efficacy of IRS assistance with State child support collection processes. (Sec. 704) Amends SSA title IV part D to revise procedural guidelines for consent by the United States to income withholding, garnishment, and similar proceedings for enforcement of child support and alimony obligations of current and retired Federal employees. (Sec. 705) Requires States to have statutorily prescribed procedures for: (1) placing liens for child support arrearages on motor vehicle titles of the debtor; (2) voiding fraudulent transfers by a child support debtor; (3) suspending any driver's, business, or occupational license issued to any person who owes past-due child support; (4) reporting to credit bureaus the name of the parent in arrears for child support; (5) extending the statute of limitations for collection on child support arrearages; (6) calculating interest or penalties on such arrearage; and (7) barring failure to pay child support as a defense to the denial of visitation rights, and denial of visitation rights as a defense to failure to pay child support. (Sec. 712) Prescribes procedural guidelines for passport denial (including revocation) upon certification of nonpayment of child support. (Sec. 713) Denies Federal benefits, loans, and guarantees to persons whose child support arrearages exceed $1,000 and who are not in compliance with an arrearages repayment plan. (Sec. 714) Requires States to have statutorily prescribed procedures under which failure to pay child support arrearages results in seizure by a State agency of: (1) lottery winnings; (2) insurance settlements or payouts; (3) judicial awards; (4) sale of forfeited property; and (5) bequests. Title VIII: Demonstrations - Authorizes the Secretary to make demonstration grants to three States to determine the efficacy of programs to provide assured levels of child support to custodial parents of children for whom paternity and support obligations have been established. Authorizes appropriations. Title IX: Access and Visitation Programs - Authorizes grants to States to establish and administer programs to facilitate absent parents' access and visitation programs. Authorizes appropriations. Title X: Effect of Enactment - Sets forth effective dates for this Act.
Bill· SS. 686 (104th)referred
United States · United States Congress · 6 April 1995
Voter Turnout Enhancement Study Commission Act - Establishes the Voter Turnout Enhancement Study Commission to study the costs and benefits and the impact on voter turnout of changing the Federal income tax filing date to the Federal election date. Terminates the Commission on the date of a required report. Authorizes appropriations.
Bill· HRH.R. 1449 (104th)open
United States · United States Congress · 6 April 1995
Tallgrass Prairie National Preserve Act of 1995 - Establishes the Tallgrass Prairie National Preserve to provide for the preservation, restoration, and interpretation of the Spring Hill Ranch area of the Flint Hills of Kansas. Considers the Preserve a designated unit of the National Park System, including for purposes of charging entrance and admission fees under specified provisions of the Land and Water Conservation Fund Act of 1965. Requires the Secretary of the Interior to prepare and submit to specified congressional committees a general management plan for the Preserve. Authorizes the acquisition of real property and improvements thereon, and rights-of-way on roads that are not owned by Kansas, within the boundaries of the Preserve. Sets forth provisions regarding payments to local governments in lieu of taxes for such real property. Prohibits: (1) such property from being acquired without the owner's consent; and (2) U.S. acquisition of fee ownership of any lands within the Preserve other than these lands. Establishes the Tallgrass Prairie National Preserve Advisory Committee to advise the Secretary and the Director of the National Park Service on the development, management, and interpretation of the Preserve. Authorizes appropriations.
Bill· HRH.R. 1425 (104th)open
United States · United States Congress · 6 April 1995
Human Rights in India Act - Prohibits development assistance for India for any fiscal year unless the President certifies to the Congress that the Government of India: (1) has released all prisoners of conscience; (2) ensures that all political prisoners are brought to trial promptly and fairly or released and have access to legal counsel and family members; (3) has eliminated the practice of torture by the military and police forces; (4) impartially investigates all allegations of torture and deaths of individuals in custody; (5) has established the fate or whereabouts of all political detainees who have disappeared; (6) brings to justice members of the military and police forces responsible for torturing or improperly treating prisoners; (7) permits citizens who are critical of such Government to travel abroad and return to India; (8) ensures that human rights monitors are not targeted for arrest or harassment by the military and police forces; and (9) permits human rights organizations and television, film, and print media full access to all states in India where significant human rights problems exist. Waives such prohibition if such waiver is in the national security interest.
Bill· HRH.R. 1453 (104th)open
United States · United States Congress · 6 April 1995
Amends the Internal Revenue Code to deny tax-exempt status to any organization that promotes the legalization of any controlled substance.
Bill· HRH.R. 1442 (104th)open
United States · United States Congress · 6 April 1995
Check-Off for Our Children Act - Amends the Internal Revenue Code to allow individuals to designate on their income tax returns that a portion of any overpayment or any cash contribution shall be used to reduce the public debt. Directs the Secretary of the Treasury to transfer such amounts to the special account in the Treasury for the receipt of gifts. Requires annual reports to the Congress regarding such amounts.
Bill· HRH.R. 1424 (104th)referred
United States · United States Congress · 6 April 1995
TABLE OF CONTENTS: Title I: Tax and Insurance Provisions Subtitle A: Tax Treatment of Health Care Expenses Subtitle B: Insurance Provisions Subtitle C: Employer Provisions Subtitle D: Federal Preemption Title II: Administrative Cost Savings Subtitle A: Standardization of Claims Processing Subtitle B: Electronic Medical Data Standards Subtitle C: Development and Distribution of Comparative Value Information Subtitle D: Preemption of State Quill Pen Laws Title III: Anti-Fraud Subtitle A: Criminal Prosecution of Health Care Fraud Subtitle B: Coordination of Health Care Anti-Fraud and Abuse Activities Title IV: Antitrust Provisions Consumer Choice Health Reform Act of 1995 - Title I: Tax and Insurance Provisions - Subtitle A: Tax Treatment of Health Care Expenses - Amends the Internal Revenue Code to allow a tax credit for health care expenses based upon percentages of qualified health insurance premiums and adjusted gross income. Provides for employers to make advance payments of such credit. (Sec. 102) Allows individuals a tax credit for a percentage of contributions made to a medical care savings account established for the benefit of an eligible individual. Exempts such accounts from taxation. Establishes an excise tax for excess contributions to medical care savings accounts and makes such accounts subject to the tax on prohibited transactions. (Sec. 103) Terminates the medical expense deduction, the deduction for health insurance costs of self-employed individuals, and the exclusion for employer-provided health insurance. Subtitle B: Insurance Provisions - Part I: Federally Qualified Health Insurance Plans - Sets forth requirements for federally qualified health insurance plans, including coverage for acute medical care, cost-sharing, premium rating practices, and guaranteed issuance and renewability. Part II: Certification of Federally Qualified Health Insurance Plans - Requires States to meet standards for regulatory programs for the certification of federally qualified health insurance plans. Subtitle C: Employer Provisions - Requires employers to: (1) withhold health insurance premiums from employee wages and remit such premiums to the employee's chosen insurer; and (2) notify each employee of their right to claim an advance refundable tax credit for such premiums. (Sec. 122) Provides for the conversion of existing insurance plans to required coverage under this Act. (Sec. 125) Establishes the Benefits Cash Out Commission to propose a procedure under which individuals may cash out Federal health benefits. Provides for congressional consideration of such proposal prior to its implementation. (Sec. 126) Imposes excise taxes on employers and health insurance carriers for noncompliance with this Act. Subtitle D: Federal Preemption - Preempts specified State laws concerning health insurance. Title II: Administrative Cost Savings - Subtitle A: Standardization of Claims Processing - Directs the Secretary of Health and Human Services to adopt (taking into account the recommendations of specified taskforces) standards relating to: (1) data elements for use in paper and electronic claims processing; (2) uniform claims forms; and (3) uniform electronic transmission of the data elements. Sets forth requirements for the application of such standards and their periodic review and revision. Subtitle B: Electronic Medical Data Standards - Directs the Secretary to promulgate electronic medical data standards meeting specified criteria for hospitals and other providers. Sets a deadline for each hospital with a Medicare participation agreement to meet such standards. (Sec. 213) Authorizes the heads of appropriate Federal agencies, as of January 1, 2000, to require health care providers to present and transmit data elements electronically according to such standards. (Sec. 215) Directs the Secretary to establish an advisory commission to monitor and advise about the standards established under this subtitle and operational concerns about their implementation. Authorizes appropriations. Subtitle C: Development and Distribution of Comparative Value Information - Requires States to develop and implement a health care value information program meeting certain criteria according to a specified schedule. Authorizes the Secretary to make grants to States to enable them to develop such programs. (Sec. 222) Directs the Secretary to take necessary action to implement a comparable information program in any State that fails to develop and implement one. (Sec. 223) Requires the head of each Federal agency responsible for provision of health insurance or of health care services to individuals to develop promptly health care comparative value information. Subtitle D: Preemption of State Quill Pen Laws - Preempts any State law that requires medical or health insurance records (including billing information) to be maintained in written rather than electronic form. Title III: Anti-Fraud - Subtitle A: Criminal Prosecution of Health Care Fraud - Amends the Federal criminal code to impose penalties upon a health care provider that knowingly engages in any scheme or artifice to defraud a person in connection with the provision of health care. (Sec. 302) Authorizes the Attorney General to pay a reward of up to $10,000 to a person who furnishes information unknown to the Government relating to a possible prosecution for health care fraud, with exceptions. Subtitle B: Coordination of Health Care Anti-Fraud and Abuse Activities - Amends the Social Security Act to provide for: (1) the application of Federal health anti-fraud and abuse sanctions to all fraud and abuse against any health insurance plan; and (2) treble damages for making or causing to be made false statements or representations involving Medicare or State health care programs, for illegal remuneration, and for false statements or representations with respect to the condition or operation of health care institutions. Directs the Secretary, in consultation with State and local health care officials, to: (1) identify opportunities for the satisfaction of community service obligations that a court may impose upon the conviction of a criminal offense involving Medicare or State health care programs; and (2) make information concerning such opportunities available to Federal and State law enforcement officers and State and local health care officials. Title IV: Antitrust Provisions - Exempts from the antitrust laws specified "safe harbor" activities related to the provision of health care services. Sets forth provisions regarding the award of attorney fees and costs of suit to the prevailing party in an action based on a claim involving activity found to be exempt. (Sec. 402) Lists as safe harbors specified: (1) activities relating to health care services of combinations of health care providers with market share below a specified threshold; (2) activities of medical self-regulatory entities relating to standard setting or enforcement activities not conducted for purposes of financial gain; (3) participation of a health care provider in a written survey of the prices of services, reimbursement levels, or the compensation and benefits of employees and personnel; (4) activities relating to health care joint ventures for high technology and costly equipment and services; (5) activities relating to hospital mergers; (6) joint purchasing arrangements; and (7) negotiations. (Sec. 403) Directs the Attorney General to publish a notice in the Federal Register soliciting proposals for additional safe harbors and to review and report to the Congress on proposed safe harbors. Sets forth criteria in establishing safe harbors, including: (1) the extent to which a competitive or collaborative activity will accomplish an increase in health care access and quality, the establishment of cost efficiencies, and increased ability of health care facilities to provide services in medically underserved areas or to underserved populations; and (2) whether designation as a safe harbor will result in specified desirable outcomes. (Sec. 404) Directs the Attorney General to issue certificates of review for providers of health care services and to assist persons in applying for such certificates. Sets forth provisions regarding applications for, revocation of, and review of determinations regarding such certificates. Limits the disclosure of information. (Sec. 405) Sets forth provisions regarding notifications providing for a reduction in certain penalties under the antitrust laws for health care cooperative ventures. (Sec. 406) Directs the Attorney General to: (1) review the safe harbors and certificates of review periodically; and (2) promulgate such rules, regulations, and guidelines as necessary to carry out provisions of this title.
Bill· HRH.R. 1457 (104th)referred
United States · United States Congress · 6 April 1995
TABLE OF CONTENTS: Title I: Tax Treatment of Long-Term Care Insurance and Services Title II: Federal Standards for Private Long-Term Care Insurance Contracts Title I: Tax Treatment of Long-Term Care Insurance and Services - Amends the Internal Revenue Code to provide for the treatment of qualified long-term care insurance or plans as accident and health insurance or plans. Revises the computation of reserves for purposes of determining insurance company income. Prohibits provision of long-term care insurance under cafeteria plans. Includes in an employee's gross income employer-provided coverage for long-term care services to the extent such coverage is provided by a flexible spending arrangement. Makes inapplicable, with respect to coverage under a long-term care insurance contract, the excise tax imposed on group health plans for failure to provide continuation coverage. Makes amounts paid to relatives for long-term care services (unless they are licensed professionals with respect to such services) ineligible for the income tax deduction for medical expenses. (Sec. 103) Includes amounts paid for qualified long-term care services as medical expenses deductible from gross income. (Sec. 104) Provides for nonrecognition of gain on the exchange of a life insurance contract or an endowment or annuity contract for a long-term care insurance contract. (Sec. 105) Excludes from gross income certain amounts withdrawn from individual retirement accounts and certain employer cash or deferred arrangements to pay long-term care premiums. (Sec. 106) Excludes from gross income long-term care benefits received by terminally ill individuals. Excludes such benefits received by chronically ill individuals above a certain amount. (Sec. 107) Requires returns to be made by persons who pay long-term care benefits and statements to be supplied to persons with respect to whom information is provided. Title II: Federal Standards for Private Long-Term Care Insurance Contracts - Amends the Social Security Act to add a new title XXI, establishing Federal standards for long-term care insurance contracts. Requires the Secretary of Health and Human Services to review and approve State programs that certify compliance with these standards. Requires the Secretary to promulgate regulations, in consultation with the National Association of Insurance Commissioners (NAIC) to standardize long-term care insurance contracts and facilitate the provision of consumer information regarding public and private long-term care coverage. Requires insurers to use in contracts uniform terminology, definitions, and formats and to furnish an outline of coverage for each contract that includes at a minimum: (1) a description of benefits and exclusions; (2) conditions for cancellation; (3) a premium statement; and (4) a cost-value comparison. Prohibits contracts from imposing certain conditions on benefits. Prohibits certain limits on benefits for home care, community-based, or nursing facility services. Requires a contract to provide for treatment of mental impairments (including Alzheimer's disease) and HIV infection or AIDS that is not different from the treatment of any other medical condition for purposes of determining thresholds or amounts of benefits. Requires the Secretary, in consultation with NAIC, to promulgate regulations regarding: (1) inflation adjustments of benefits; (2) nonforfeiture benefits; and (3) procedures for renewal, replacement, conversion, and cancellation of contracts.
Bill· HRH.R. 1444 (104th)referred
United States · United States Congress · 6 April 1995
National Beverage Container Reuse and Recycling Act of 1995 - Amends the Solid Waste Disposal Act to prohibit the sale of beer, mineral water, soda water, wine coolers, or carbonated soft drinks in beverage containers by retailers and distributors unless such containers carry a refund value of ten cents. Requires distributors to collect from retailers the refund value for each beverage sold to retailers and retailers to collect from consumers the refund value for each beverage sold to consumers. Requires retailers and distributors to pay the refund on returned containers of brands (in the same kind and size of container) sold. Directs distributors to pay annually to a State unclaimed refund amounts (the amount by which the total refund value of all containers sold by distributors exceeds the amount paid by distributors to persons in that State). Makes unclaimed refunds available to a State for carrying out pollution prevention and recycling programs. Prohibits distributors and retailers from: (1) selling beverages in metal beverage containers with detachable openings; and (2) disposing of containers subject to this Act or any metal, glass, or plastic from such containers (other than the top or seal) in landfills or solid waste disposal facilities. Makes this Act inapplicable to States that have adopted requirements identical to those under this Act or that have demonstrated achievement of a recycling or reuse rate for beverage containers of at least 70 percent. Prohibits States or political subdivisions that impose taxes on the sale of beverage containers from imposing any tax on the amount attributable to the refund value of such containers. Provides for the adjustment for inflation of the ten-cent refund amount at ten-year intervals. Prescribes civil penalties for violations of this Act.
Bill· HRH.R. 1441 (104th)referred
United States · United States Congress · 6 April 1995
TABLE OF CONTENTS: Title I: General Title II: Transfer of Air Traffic Service From the Federal Aviation Administration Title III: Permanent Federal Requirements Title IV: Amendments to Federal Aviation Laws Title V: Other Applicable Statutes Title VI: Transition Provisions United States Air Traffic Service Corporation Act - Title I: General - Sets forth the findings and purposes of this Act. Title II: Transfer of Air Traffic Service From the Federal Aviation Administration - Creates the United States Air Traffic Service Corporation and transfers to it all air traffic services held by the Federal Aviation Administration (FAA). (Sec. 204) Requires the Board of Directors of the Corporation to create a Safety Committee, and any other needed committees, to supervise the aviation safety activities of the Corporation. (Sec. 207) Directs the Corporation to exercise day-to-day operational supervision and control over the movement of aircraft. (Sec. 209) Directs the Corporation to: (1) impose fees for services provided to aircraft other than public, U.S. military, and certain general aviation aircraft; and (2) study the allocation of all Corporation costs (including Department of Defense costs to produce air traffic control services for civilian aviation) to identifiable, discrete air-traffic-service categories and user categories. (Sec. 210) Exempts the Corporation from State or local taxation, with specified exceptions. (Sec. 211) Prohibits any State or political subdivision or political authority of two or more States from enacting or enforcing any law or regulation relating to air traffic services provided by the Corporation. Title III: Permanent Federal Requirements - Authorizes the President, in the event of war or national emergency, to transfer any functions of the Corporation to the Department of Defense (DOD). (Sec. 302) Grants Corporation employees the right to form a union and to bargain collectively. Establishes a Labor Resolution Board for the binding resolution of bargaining impasses. Prohibits strikes, work stoppages, and slowdowns by Corporation employees or their representative labor organization. Title IV: Amendments to Federal Aviation Laws - Amends Federal transportation law to require the Administrator of the FAA, in carrying out certain aircraft safety registration requirements, including regulation of the Corporation, to consider the requirements of national defense and commercial and general aviation, and the public right of freedom of transit through navigable airspace. (Sec. 403) Requires the Administrator of the FAA to develop safety standards and policy for the use of navigable airspace. (Sec. 405) Require the Corporation to develop plans for the effective discharge of Corporation and FAA responsibilities in the event of war. (Sec. 406) Prohibits the Corporation from taking action that would have the force and effect of law relating to a price, route, or service of an air carrier. (Sec. 407) Requires the Administrator of the FAA and the Corporation to consult and cooperate with respect to research and development activities related to the use of navigable airspace, air traffic control, and air navigation, in order to avoid duplication of research and development efforts. (Sec. 409) Authorizes and directs the Administrator of the FAA to prescribe by regulation minimum standards to assure the highest level of aviation safety in the public interest, and to insure that national defense needs are met, in actions taken by the Corporation. Title V: Other Applicable Statutes - Directs the Corporation to establish a comprehensive system for the management, compensation, and advancement of Corporation employees that best serves the needs of airspace management in the United States. (Sec. 502) Amends the Government Corporation Control Act to cover the United States Air Traffic Service Corporation, except for specified provisions. (Sec. 503) Amends the Internal Revenue Code to extend, until January 1, 1999, the tax on the sale of aviation fuel and the tax on gasoline and nongasoline fuels used in aircraft in noncommercial aviation. Decreases the air transportation tax imposed on passengers from ten percent to 1.5 percent of the amount paid for such transportation beginning on or after January 1, 1997. Decreases, as of January 1, 1997, the tax imposed: (1) upon air passengers whether within or without the United States from six dollars to 90 cents; and (2) on the transportation of property within or without the United States from 6.25 percent to .95 percent of the amount paid for such transportation. Extends such taxes through January 1, 1999. Amends the Trust Fund Code of 1981 to extend the transfer of certain aviation taxes into the Airport and Airway Trust Fund until January 1, 1999. Extends the airport and airway program through October 1, 1999. Extends the current financing rate for the Airport and Airway Trust Fund through December 31, 1998. (Sec. 504) Authorizes the transfer of amounts from the Fund to cover Corporation: (1) air traffic transition costs; (2) air facility costs; and (3) commencement services. (Sec. 505) Prohibits the Corporation's receipts and disbursements from being counted as new budget authority, outlays, receipts, or deficit or surplus with respect to: (1) the President's budget; (2) the congressional budget; or (3) the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings). (Sec. 506) Amends the Congressional Budget Act of 1974 to reduce discretionary spending limits for FY 1997 through FY 2000. Title VI: Transition Provisions - Directs the Administrator of the FAA and the Chief Executive Officer of the Corporation to jointly determine which functions and which Federal employees are to be transferred to the Corporation.
Bill· HRH.R. 1438 (104th)referred
United States · United States Congress · 6 April 1995
DeLauro-Lowey Water Pollution Control and Estuary Restoration Act - (Sec. 3) Amends the Federal Water Pollution Control Act (FWPCA) to extend the authorization of appropriations for the State water pollution control revolving fund program through FY 2002. (Sec. 4) Requires a specified percentage (increasing with each succeeding fiscal year) of such appropriations to be used for capitalization grants for estuary plans to qualified States. Makes States that fail to submit approved need estimates ineligible for assistance. Directs States to establish separate Estuary Accounts in their water pollution control revolving funds, to be used for implementing approved estuary plans. Permits loans made with Account funds to be for terms of up to 40 years or for the useful life of a facility constructed with the loan, whichever is less, if the borrower demonstrates financial hardship. Establishes a State matching requirement for deposits into Accounts. (Sec. 5) Requires the Administrator of the Environmental Protection Agency to make grants for the implementation of estuary conservation and management plans. Authorizes appropriations. Permits certain grants under the National Estuary Program to be used for interim actions adopted by management conferences to protect the water and sediment quality of estuaries. (Sec. 6) Extends the authorization of appropriations for management conferences, grants, conservation and management plans, and research under the National Estuary Program through FY 2002. (Sec. 7) Revises National Estuary Program provisions regarding management conference purposes, membership, participation, and duties to, among other things: (1) require conferences to ensure implementation of FWPCA water quality standards; (2) require inclusion as members representatives of Federal fish and wildlife agencies, the agriculture industry, municipalities, and environmental organizations; and (3) direct the Administrator to provide necessary funding, analysis of program needs, and Federal liaison activities for the program. Directs the Administrator to issue a guidance document establishing requirements for: (1) management conferences to follow in developing and monitoring conservation and management plans; (2) the implementation of interim actions to protect water quality of estuaries for which plans are developed; and (3) the Administrator to follow in approving strategies included in such plans. Sets forth conditions under which management conferences may be terminated. Revises approval and implementation procedures for estuary conservation and management plans and establishes procedures for interim actions. Prohibits any activity located in U.S. waters or which serves new development in such waters from being included in a conservation and management plan or a State needs estimate unless specified Federal officials determine that: (1) the activity is essential to reduce the discharge of pollutants into navigable waters; and (2) there is no practicable alternative to the proposed activity that would have a less adverse impact on the aquatic habitat.
Bill· HRH.R. 1431 (104th)open
United States · United States Congress · 6 April 1995
Amends the Internal Revenue Code to repeal the 30 percent limitation (relating to qualification of regulated investment companies) on gross income derived from the sale or disposition of the following held for less than three months: (1) stock or securities; (2) options, futures, or forward contracts; or (3) foreign currencies.
Bill· HRH.R. 1455 (104th)referred
United States · United States Congress · 6 April 1995
Tobacco Health Tax and Agricultural Conversion Act of 1995 - Amends the Internal Revenue Code to increase the excise tax on: (1) cigars; (2) cigarettes; (3) cigarette papers and tubes; (4) snuff; and (5) chewing and pipe tobacco. Imposes an additional tax on packs of cigarettes containing fewer than 20 cigarettes. Provides an inflation adjustment of such tax rates. Imposes a tax on the floor stocks of such tobacco products which are removed before October 1, 1995. Imposes such tax on such products entered into the United States from foreign trade zones before such date. Requires tobacco products and cigarette papers and tubes transferred or removed in bond from domestic factories and export warehouses (and thereby exempt from tax) to be appropriately labeled for export. Imposes a civil penalty on any person who sells, relands, or receives tobacco products labeled for export. Restricts the importation of previously exported tobacco products. Repeals the following exemptions from tax: (1) sales to employees of tobacco products manufacturers; (2) sales to the United States; and (3) books of cigarette papers containing 25 or fewer papers. Imposes minimum capacity or activity requirements (prescribed by the Secretary of the Treasury) for granting of a permit to commence business as a tobacco products manufacturer or export warehouse proprietor. Imposes an excise tax on the manufacture or importation of roll-your-own tobacco. Establishes in the Treasury the Tobacco Conversion and Health Education Trust Fund (consisting of a Tobacco Conversion Account and a Health Education Account), to which the Secretary shall transfer an amount equivalent to three percent of the net increase in revenues attributable to the tax increases imposed by this Act. Makes funds in the Tobacco Conversion Account available to: (1) assist farmers in converting from tobacco to other crops; and (2) provide grants and loans, including assistance to convert from tobacco production, to communities and persons involved in tobacco growing and tobacco product manufacture who are adversely affected by the tax increases in this Act. Makes funds in the Health Education Account available for expenditures to increase public awareness of health risks, including those of tobacco use. Establishes in the Treasury the National Fund for Medical Research, to which nine percent of the revenues resulting from the tax increases imposed by this Act shall be transferred for distribution to the member institutes and centers of the National Institutes of Health. Transfers the balance of the revenues from these increases to the Hospital Insurance Trust Fund.
Bill· HRH.R. 1435 (104th)referred
United States · United States Congress · 6 April 1995
Amends the Internal Revenue Code to permit the use of other agricultural products and residues in wine production, as determined by the Secretary of the Treasury. Disallows the use of wine spirits derived from other than standard wines to fortify a natural wine.
Resolution· HRESH.Res. 133 (104th)referred
United States · United States Congress · 6 April 1995
Amends rule XI of the Rules of the House of Representatives to require each report of the House Committee on Ways and Means on each revenue bill that includes any targeted tax benefit (providing a Federal tax deduction, credit, exclusion, preference, or other concession to 25 or fewer beneficiaries) to clearly identify, in a separate section, each such benefit, the number of beneficiaries, and their names (if known).
Resolution· HRESH.Res. 134 (104th)referred
United States · United States Congress · 6 April 1995
Amends rule XLIII of the Rules of the House of Representatives to revise provisions regarding the acceptance of gifts by Members, officers, or employees of the House. Prohibits Members, officers, or employees from accepting gifts from lobbyists registered under the Federal Regulation of Lobbying Act, the Foreign Agents Registration Act, or any successor statute unless: (1) the lobbyist is a member of the immediate family of the Member, officer, or employee to whom the gift was made; or (2) the Member, officer, or employee did not have reason to know that the gift was given because of his or her official position, was given through a member of the Member's, officer's, or employee's immediate family or an entity controlled by the Member, officer, or employee, or was given by a lobbyist who was reimbursed or provided compensation for the gift's value or deducted the gift's value from his or her Federal income tax liability and the Member, officer, or employee disclosed the gift to the Committee on Standards of Official Conduct. Bars House Members, officers, or employees from accepting a gift from persons other than lobbyists unless conditions described above under which gifts may be accepted from lobbyists apply to such a person or the gift: (1) consisted of a meal; (2) was a contribution to a legal defense fund established for the Member's, officer's, or employee's benefit; (3) was an extension of personal hospitality; or (4) was attendance at a charity, conference, association dinner, or other widely-attended event. Lists items that are not considered to be gifts, including: (1) informational material; (2) receptions and food and refreshments of a nominal value; (3) products from the home State of the Member which are of nominal value; (4) objects of little intrinsic value; or (5) payments or reimbursements for reasonable expenses for travel, for a period not exceeding three days within the United States or seven days outside the United States, exclusive of travel time, to events related to the Member's, officer's, or employee's official duties, subject to certain conditions. Authorizes the Committee on Standards of Official Conduct to waive gift restrictions in unusual circumstances and to make such waivers public.
Bill· SS. 681 (104th)referred
United States · United States Congress · 5 April 1995
Narcotics National Emergency Sanctions Act of 1995 - Prohibits specified types of development, economic support, military, and investment and export financing assistance to Colombia. Requires the Secretary of the Treasury to instruct the U.S. executive directors of the multilateral development banks to vote against assistance to Colombia. Prohibits appropriated funds from being obligated or expended for: (1) licensing the commercial export of items on the U.S. Munitions List to Colombia; and (2) carrying out military activities in Colombia or that benefit Colombia. Withdraws certain trade preferences for Colombia under the Andean Trade Preference Act and the Trade Act of 1974. Makes Colombia ineligible to receive preferential trade treatment under any other program. Bars Colombia from being: (1) extended tariff or quota treatment equivalent to that accorded to members of the North American Free Trade Agreement; or (2) allowed to participate in the discussion or implementation of a free trade agreement involving Western Hemisphere countries. Requires the President to ensure that public officials in Colombia who are implicated in drug-related corruption, their immediate relatives, and their business partners are not permitted entry into the United States. Applies such requirement until the completion by the Colombian Government of an investigation into the drug-related corruption of the official that is satisfactory to the Secretary of State and the Attorney General and is so certified to the President. Makes sanctions listed under this Act inapplicable during February 6, 1996, to February 5, 1997, if the President certifies to the appropriate congressional committees that the Government of Colombia has made progress in specified matters regarding investigation and law enforcement regarding drug trafficking and has: (1) reformed the penal code to increase penalties for drug traffickers and to remove opportunities for traffickers to enter into plea bargains; (2) created an investigation unit to bring to prosecution individuals who engage in corrupt activities related to drugs; (3) enacted legislation to implement the statute prohibiting money laundering that was enacted in 1994; and (4) destroyed 44,000 hectares of coca and poppy plants by January 1, 1996. Authorizes the President to impose other sanctions on Colombia if the Colombian Government is not cooperating with the United States in counter-drug activities. Lists conditions under which sanctions will be terminated, including that the Colombian Government has: (1) enacted legislation to implement the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances; (2) destroyed all remaining hectares of illicit crops; and (3) constructed an installation for the Colombia Coast Guard on San Andres Island to provide surveillance of airplane and ship traffic that departs from the island. Subjects presidential determinations regarding the termination of sanctions to congressional approval. Requires the President to transmit determinations and certifications under this Act in lieu of those required under the Foreign Assistance Act of 1961 in fiscal years in which sanctions are imposed on Colombia.
Bill· HRH.R. 1408 (104th)open
United States · United States Congress · 5 April 1995
Amends the Internal Revenue Code to allow a taxpayer reporting on the cash receipts and disbursements method of accounting to elect to include in income crop insurance proceeds and disaster payments in the year of the disaster or in the following year.
Bill· HRH.R. 1401 (104th)open
United States · United States Congress · 5 April 1995
Amends the Internal Revenue Code to apply, with limitations, an estate tax credit equivalent to the limited marital deduction to a decedent in a case in which, as of the date of the decedent's death: (1) both the decedent and the surviving spouse were noncitizens of, and not lawful permanent residents of, the United States; and (2) either the decedent or his or her surviving spouse was a qualified international organization employee. Defines a qualified international organization employee as a full-time employee of an international organization whose principal place of employment with such organization is in the United States.
Bill· HRH.R. 1402 (104th)open
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.
Bill· HRH.R. 1405 (104th)referred
United States · United States Congress · 5 April 1995
TABLE OF CONTENTS: Title I: Department of Commerce Grants Title II: Public Works and Job Restoration Subtitle A: Jobs 2000 Subtitle B: Employment in Support of Community Renewal Subtitle C: Employment Activities: Repair and Renovation of Educational Facilities Title III: General Provisions Job Creation and Infrastructure Restoration Act of 1995 - Title I: Department of Commerce Grants - Authorizes the Secretary of Commerce to make grants to any State or local government for construction, renovation, repair, restoration, or other improvement of local public works projects, including those for which Federal financial assistance is authorized under other titles or Acts. Limits the Federal share to not more than 90 percent of project cost. Prohibits any new grants after the expiration of any three-month period during which the national unemployment rate remains below five percent for each such month, or after September 30, 1999, whichever occurs first. (Sec. 103) Provides for allocation of funds and for preferences. Gives priority to State or local governments with unemployment rates higher than the national average. Requires State and local prioritization of applications. Allows localization of unemployment determinations. (Sec. 105) Sets forth general limitations, including Buy American and minority participation requirements and applicability of laws regarding individuals with disabilities. (Sec. 106) Authorizes appropriations and deems them to be emergency spending. Title II: Public Works and Job Restoration - Subtitle A: Jobs 2000 - Jobs 2000 Act of 1995 - Provides for jobs for the unemployed and underemployed, especially youth, through payments for labor and related costs for: (1) construction, repair, or rehabilitation of community and educational facilities; (2) reclamation and conservation of public lands; and (3) creation, repair, rehabilitation, and restoration of public safety, public transportation, health, social services, and recreation facilities and other activities necessary to the public welfare. (Sec. 203) Sets forth participant eligibility requirements, duration and extent of subsidized employment, participation priorities, special considerations for welfare recipients and veterans, and equal employment opportunities for traditionally underrepresented groups. (Sec. 204) Requires that at least 75 percent of funds made available to any recipient under subtitles B and C be used for wages and related employment benefits for work which the recipient certifies has been performed in authorized activities. Sets forth other limitations on use of funds, except training costs in specified circumstances. Subtitle B: Employment in Support of Community Renewal - Part A: Community Improvement Projects - Requires participants to be employed in community improvement projects in various specified activities under the categories of: (1) repair, rehabilitation, or improvement of public facilities; (2) conservation, restoration, rehabilitation, or improvement of public lands; and (3) public safety, health, social service, and other activities necessary to public welfare. (Sec. 210) Provides for joint programs, public lands projects limitations, eligibility and qualification of administrative entities, allotment of funds, requirements for receipt of funds, reports, and project design priorities and coordination. Part B: Community Improvement and Renewal Activities for Youth Trainees - Authorizes use of funds for wages and benefits for eligible youth for part-time employment up to 32 hours per week in authorized youth trainee activities at a work site of a public or private nonprofit or for-profit employer, in a manner which requires and is consistent with enrollment in high school, an equivalency program, or a program of basic skills, skills training, or employability development for at least eight hours per week. (Sec. 221) Provides for joint programs, youth eligibility requirements, exemption from unemployment duration requirements, priority for the economically disadvantaged, and equitable service for school dropouts. Part C: State Job Programs - Reserves five percent of State allotments for: (1) authorized State-administered programs and activities; (2) special assistance for areas with sudden or severe economic dislocations; (3) State-directed emergency aid to cope with natural disasters; and (4) special assistance to seasonal farmworkers and small farmers in areas with severe economic disruption. (Sec. 231) Sets forth requirements for program and activity selection and design. Subtitle C: Employment Activities: Repair and Renovation of Educational Facilities - Part A: Elementary and Secondary School Facility Improvement Jobs - Requires funds to be made available to any eligible local education agency in an eligible jurisdiction to provide employment to eligible participants in repair, renovation, restoration, or rehabilitation of public school facilities. (Sec. 241) Provides for use of quick-start projects, permitted uses of funds, tribal school projects, allotment of funds, and receipt requirements. Part B: Higher Education Facility Improvement Projects - Requires funds under this part to be made available to higher education institutions in eligible jurisdictions to provide employment to eligible participants in work on repair, restoration, renovation, or rehabilitation of academic facilities. (Sec. 251) Provides for use of quick-start projects, permitted uses of funds, selection of projects, allotment of funds, and receipt requirements. Part C: Special Definitions for Subtitle C - Sets forth special definitions for subtitle C. Part D: Authorization of Appropriations - Authorizes appropriations. Title III: General Provisions - Sets forth general requirements, including wage rates, labor standards, fiscal controls and sanctions, and judicial review procedures.
Bill· HRH.R. 1413 (104th)referred
United States · United States Congress · 5 April 1995
Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to make a State ineligible for assistance, other than essential assistance, under the Act if the State: (1) has received a loan or advance under the Act and is not in compliance with the repayment terms; and (2) in the two-year period preceding the application date for such assistance, has enacted laws that have reduced or are likely to reduce annual tax revenues received by the State by one percent or more.
Bill· HRH.R. 1409 (104th)referred
United States · United States Congress · 5 April 1995
Reduces by $2 billion the amount of FY 1996 executive branch appropriations available for entering into service contracts and increases by the same amount the funds available for pay schedule adjustments and locality-based comparability payments. Requires: (1) the Director of the Office of Management and Budget to allocate the reductions and increases among the appropriate accounts and to report to the Congress on such allocations; (2) each department, agency, and instrumentality in the executive branch to submit to the Director, within 90 days after the end of FY 1996, a certification of compliance with this Act in accordance with the required allocations; and (3) the Director to report to the Congress on such certifications.
Bill· HRH.R. 1420 (104th)referred
United States · United States Congress · 5 April 1995
Waives time limitations relating to the filing of a claim for a tax credit or refund of an overpayment of Federal income taxes by a named individual.
Resolution· HRESH.Res. 131 (104th)passed
United States · United States Congress · 5 April 1995
Directs the Comptroller General to report to the House of Representatives the Comptroller General's opinion on whether the addition of a targeted tax benefit by the conferees to the conference report on H.R. 831 (amending the Internal Revenue Code to permanently extend the deduction for the health insurance costs of self-employed individuals and repealing the provision permitting nonrecognition of gain on sales and exchanges effectuating policies of the Federal Communications Commission) violates the requirement of the Constitution that all revenue measures originate in the House.
Resolution· HRESH.Res. 129 (104th)passed
United States · United States Congress · 5 April 1995
Waives points of order against the consideration of the conference report on H.R. 889 (emergency supplemental appropriations and rescissions with respect to the Department of Defense).
Bill· SS. 665 (104th)referred
United States · United States Congress · 4 April 1995
Amends the Internal Revenue Code to increase the rate of tax on gasoline and diesel fuel. Imposes the tax on such products held in a foreign trade zone on the date of the tax increase if taxes have been determined or customs duties liquidated. Doubles the amount transferred to the Mass Transit Account of the Highway Trust Fund from revenues resulting from the tax on special motor fuels, gasoline, and diesel fuel. Establishes in such Fund the following separate accounts to which a portion of such fuel tax revenues shall be transferred for capital or capital-related expenditures before October 1, 1997: (1) an AMTRAK Account; (2) an Interstate and Federal-Aid Highway Account; and (3) a State and Local Roads and Bridges Account.
Bill· SS. 674 (104th)referred
United States · United States Congress · 4 April 1995
TABLE OF CONTENTS: Title I: Rail Investment Act of 1995 Title II: Local Rail Freight Assistance Rail Investment Act of 1995 - Title I: Rail Investment Act of 1995 - Rail Investment and Efficiency Act of 1995 - Amends Federal transportation law to add as goals for the National Railroad Passenger Corporation (AMTRAK) that, among other things, it manage its capital investment in such a way as to provide its customers with world class service and treat them with respect, courtesy, and dignity. (Sec. 104) Requires AMTRAK to include in its annual operations report to the President and to the Congress projections of anticipated and realized benefits of proposed and previously funded projects. (Sec. 105) Requires applications by a State, agency, or person for the institution of rail passenger service, or the retention of a route, train, or service which AMTRAK intends to discontinue, to include a statement that it agrees to pay in each year of service a portion of the long-term avoidable losses for each year (currently, short-term avoidable losses) of the operation of such service and the associated capital costs (currently, 50 percent of such costs). Directs the Secretary of Transportation to review and report to Congress on AMTRAK's State-assisted rail passenger services program. (Sec. 106) Directs AMTRAK to make any capital improvements for the Northeast Corridor improvement project program necessary for reliable, high-speed rail passenger service and enhancement of capacity for intercity and commuter passenger service. Repeals the current authorization of appropriations for specific projects of the program, as well as the general authorization for deferment of certain Northeast Corridor improvement projects in order to carry out others. (Sec. 107) Authorizes appropriations for: (1) AMTRAK operating expenses; (2) State requested rail passenger service; (3) capital investment; (4) construction expenses to convert the James A. Farley Post Office, New York City, into a train station and commercial center and for redevelopment of the Pennsylvania Station, New York City; (5) capital expenditures for the Northeast Corridor improvement project; and (6) certain mandatory payments. (Sec. 108) Legalizes conveyances of certain real property located in Reno, Nevada, by the Southern Pacific Transportation Company. (Sec. 109) Directs AMTRAK to report to the Congress on the feasibility of instituting rail passenger service between Kansas City, Missouri, and Omaha, Nebraska, as well as potential extensions of service in Iowa, Nebraska, Missouri, Montana, North Dakota, South Dakota, Oklahoma, and Kansas that might enhance the ridership or revenues of AMTRAK service. Authorizes appropriations. (Sec. 110) Declares, for purposes of any State or local requirement for a permit or other approval for construction of any AMTRAK improvement under the Northeast Corridor Improvement Project, that the exemptions and procedures applicable to a Federal project shall apply. (Sec. 111) Directs AMTRAK to construct the electrification system between Boston, Massachusetts, and New Haven, Connecticut, to accommodate the installation of a third mainline track between Davisville and the Boston Switch at Central Falls, Rhode Island, to be used for double-stack and tri-level automobile freight service to and from the Port of Davisville. (Sec. 112) Establishes the Capital and Equipment Acquisition Account to: (1) acquire passenger equipment and locomotives; and (2) encourage State and local investment in facilities and equipment used to provide intercity rail passenger service. (Sec. 113) Revises the composition of the board of directors of AMTRAK to include one member specially qualified to represent the interests of rail passengers, who shall be selected from a list of three qualified individuals recommended by the National Association of Railroad Passengers. (Sec. 114) Directs AMTRAK to implement a pilot program to increase non-Federal revenues through the sale of concessions and use of vending machines on trains and the sale of advertising space on trains and in rail stations. (Sec. 115) Requires AMTRAK to cooperate with the Virginia State Department of Transportation in studying the feasibility of reestablishing rail service between Washington, D.C., and Bristol, Virginia. (Sec. 116) Authorizes AMTRAK and motor carriers of passengers to: (1) combine their respective services and facilities to the public as a means of increasing revenues; and (2) coordinate schedules, routes, rates, reservations, and ticketing to provide for enhanced intermodal surface transportation. (Sec. 117) Directs AMTRAK, upon completion of the preliminary engineering and design for the rail connection between North Station and South Station in Boston, Massachusetts, to develop a plan for the construction of the Central Artery Rail Link to enable intercity and intracity passenger service between such points. Authorizes appropriations. (Sec. 118) Directs AMTRAK to form a task force to consider recommendations for improving emergency training and performance of on-board service and operating crew members. Requires the task force to report to specified congressional committees on actions implemented to date and recommended for the future. Title II: Local Rail Freight Assistance - Authorizes appropriations for local rail service assistance. (Sec. 202) Authorizes the Secretary of Transportation to provide disaster assistance for the repair of rail lines damaged as a result of a disaster. (Sec. 203) Authorizes the use of local rail freight assistance for the cost of: (1) closing or improving a railroad grade crossing or series of such crossings; and (2) creating a State supervised grain car pool. (Sec. 205) Requires amounts appropriated to AMTRAK to be paid on the first day of the fiscal year. (Sec. 206) Repeals specified sections of Federal transportation law designated obsolete or unnecessary.
Bill· SS. 670 (104th)referred
United States · United States Congress · 4 April 1995
Taxpayer Browsing Protection Act - Amends the Internal Revenue Code to impose criminal penalties upon any current or former U.S. officer or employee and specified other persons involved in the processing or examination of tax returns or return information for willfully inspecting such returns or information except as authorized. Requires, in the case of a Federal officer or employee who is convicted of violating this prohibition, the officer's or employee's dismissal from office or discharge from employment, respectively.
Bill· HRH.R. 1387 (104th)referred
United States · United States Congress · 4 April 1995
Tax Expenditure Control Act of 1995 - Amends the Congressional Budget Act of 1974 to require the concurrent resolution on the budget to include appropriate levels for tax expenditures. Requires tax expenditure analysis in the report accompanying such resolution. Requires reconciliation directives in such resolution to include changes in tax expenditures. Requires the Congressional Budget Office report to congressional budget committees with respect to fiscal policy to include a discussion of alternative ways of allocating new tax expenditures.
Bill· HRH.R. 1389 (104th)referred
United States · United States Congress · 4 April 1995
Middle Class Flexible Savings Act of 1995 - Amends the Internal Revenue Code to increase from $2,000 to $3,000 the maximum deduction allowed to individuals for contributions to individual retirement accounts (IRAs). Increases the income phaseout limits on the deduction for active participants in employer-maintained pension plans. Provides an inflation adjustment for deductible amounts and the phaseout limits beginning after 1995. Allows the full IRA deduction to a spouse who had less than $1,000 of compensation and who has a child under the age of six who is the taxpayer's dependent. Allows distributions from qualified retirement plans without penalty to: (1) pay higher education expenses or business start-up expenditures; (2) pay for certain medical expenses; (3) assist certain unemployed individuals; and (4) purchase first homes. Imposes a minimum tax on certain foreign-owned and foreign corporations.
Resolution· HRESH.Res. 128 (104th)passed
United States · United States Congress · 4 April 1995
Sets forth the modified closed rule for the consideration of H.R. 1215 (Contract With America Tax Relief Act of 1995).
Resolution· HCONRESH.Con.Res. 55 (104th)open
United States · United States Congress · 4 April 1995
Requests the President to return H.R. 831 (amending the Internal Revenue Code to permanently extend the deduction for the health insurance costs of self-employed individuals) to the House of Representatives, to remove certain provisions regarding nonrecognition of gain on sales and exchanges effectuating policies of the Federal Communications Commission.
Bill· HRH.R. 1381 (104th)referred
United States · United States Congress · 3 April 1995
TABLE OF CONTENTS: Title I: Voluntary Environmental Cleanup Title II: National Environmental Business Development Program Title III: National Environmental Response, Remediation, and Restoration Training Programs Subtitle A: National Environmental Response Training Program Subtitle B: National Environmental Remediation and Restoration Training Program Title IV: National Environment-Related Employment Program Comprehensive Economic and Environmental Recovery Act of 1995 - Title I: Voluntary Environmental Cleanup - Authorizes innocent landowners or responsible owners to submit cleanup plans for affected sites to the Administrator of the Environmental Protection Agency for approval. Defines: (1) an "affected site" as a facility that has environmental contamination that could prevent its use, development, reuse, or redevelopment and is limited in scope and can be comprehensively characterized and readily analyzed; (2) an "innocent landowner" as a person who intends to own or who owns an affected site and did not contribute to any contamination or the release of hazardous substances; and (3) a "responsible owner" as a person who owns an affected site on which industrial activities take place. Establishes a Cleanup Loan Fund to provide funding to persons undertaking the development and implementation of approved cleanup plans. Requires liens in favor of the United States to arise on contaminated property subject to a loan. Authorizes civil actions to enforce loan agreements. Provides for the annual transfer of a specified amount of funds from the Hazardous Substance Superfund to the Cleanup Loan Fund. Amends the Internal Revenue Code to include within the tax deduction allowed for trade and business expenses all amounts paid or incurred in preparing and implementing cleanup plans. Title II: National Environmental Business Development Program - Exempts wages paid to an owner-employee (any employee who is a principal shareholder) of an employer which is a new environmental business from social security taxes. Makes such exemption inapplicable to amounts after the first $100,000 paid to such employee. Defines a "new environmental business" as any corporation which: (1) is a small business concern; (2) meets requirements similar to those under the Internal Revenue Code for targeted urban areas; (3) is a new business for the calendar year; and (4) during such year, trains and certifies environmental response employees and emergency responders, employs such individuals, or performs environmental assessments, remediation, or restoration. Provides for a similar exemption from social security taxes for self-employed new environmental businesses. Terminates such exemptions after 2000. Title III: National Environmental Response, Remediation, and Restoration Training Programs - Subtitle A: National Environmental Response Training Program - Directs the Secretary of Labor to establish a National Environmental Response Training Program for purposes of: (1) training and certifying targeted urban area residents who are unemployed and underemployed to become environmental response employees and emergency responders; and (2) providing grants to environmental training providers. Requires the Secretaries of Labor and Education to develop an academic or work-site experience curriculum cooperatively with local educational agencies to enable 11th and 12th grade students to become environmental response employees or emergency responders. Provides for grants to communities for purposes of implementing such curriculum. Subtitle B: National Environmental Remediation and Restoration Training Program - Directs the Administrator to establish an education and training program in qualified institutions of higher education to enable qualified individuals to acquire career training in environmental engineering, environmental sciences, or environmental project management as it relates to hazardous waste response, cleanup, and restoration. Makes eligible for such program persons who have a high school diploma or its equivalence, are enrolled in or accepted into a qualified institution of higher education, and reside in targeted areas. Directs the Secretaries of Defense and Energy and the Administrator to provide grants to qualified institutions of higher education, subject to certain conditions. Requires such institutions to use such funds for purposes of establishing consortium programs to provide education and training in environmental restoration to qualified individuals. Title IV: National Environment-Related Employment Program - Requires Federal agencies authorized to award contracts to carry out environmental or emergency response to give preference to firms that: (1) meet the requirements of the contract; (2) are located in a targeted urban area; and (3) have a payroll in which at least 25 percent of their certified environmental response employees and responders reside in a targeted urban area or, in cases where availability of certified environmental response employees and responders does not allow firms to comply, actively participate in a youth apprenticeship program.
Bill· SS. 657 (104th)referred
United States · United States Congress · 31 March 1995
Persons With Disabilities Trusts Tax Rate Restoration Act - Amends the Internal Revenue Code to repeal the 1993 increase in the rate of income tax as applied to trusts established for: (1) individuals who are disabled; (2) support and maintenance of individuals under age 21 whose parents are deceased; and (3) higher education expenses of the grantor's children or grandchildren.
Resolution· SRESS.Res. 98 (104th)open
United States · United States Congress · 31 March 1995
Expresses the sense of the Senate that the Congress should act as quickly as possible to amend the Internal Revenue Code to end the tax avoidance by U.S. citizens who relinquish their citizenship.
Law· SS. 652 (104th)enacted
United States · United States Congress · 30 March 1995
TABLE OF CONTENTS: Title I: Transition to Competition Title II: Removal of Restrictions to Competition Subtitle A: Removal of Restrictions Subtitle B: Termination of Modification of Final Judgement Title III: An End to Regulation Title IV: Obscene, Harassing, and Wrongful Utilization of Telecommunications Facilities Telecommunications Competition and Deregulation Act of 1995 - Title I: Transition to Competition - Amends the Communications Act of 1934 (the Act) to require a local telephone exchange carrier (or class of such carriers) that is determined by the Federal Communications Commission (FCC) to have market power in providing telephone exchange service or telephone exchange access service to: (1) enter into good faith negotiations within 15 days with any telecommunications carrier requesting interconnection with the telephone exchange carrier in order to provide telephone exchange or exchange access service; and (2) provide such interconnection at reasonable, nondiscriminatory rates and in accordance with requirements of this title. Provides minimum standards for any interconnection agreement entered into, including nondiscriminatory access and high-quality interconnection between the carriers. Allows a local exchange carrier, upon receiving a request for interconnection, to negotiate and enter into a binding agreement with the telecommunications carrier without regard to such standards, as long as such agreement: (1) includes a schedule of itemized charges for each service, facility, or function included; and (2) is submitted to the State for approval. Provides for agreement: (1) arbitration by a State at any time during negotiations; and (2) intervention by a State when more than 135 days have passed since the original intervention request. Outlines duties and rights of parties in an intervention proceeding, including the duty to provide all appropriate information and the opportunity to respond. Requires the State proceeding to be conducted in accordance with rules promulgated by the FCC. Requires the State action to be completed no later than 10 months after the date on which the local exchange carrier received the original interconnection request. Outlines provisions concerning: (1) the determination during arbitration or intervention of the charges by the local exchange carrier for an unbundled (no unreasonable conditions on resale or sharing) element of the interconnection; (2) State approval or rejection of an interconnection agreement; (3) the required availability of an interconnection agreement to other telecommunications carriers on the same terms and conditions; (4) the collocation of equipment necessary for interconnection at the premises of the carrier at reasonable charges; (5) FCC promulgation of implementing regulations; (6) FCC authority to act if a State fails to carry out its arbitration or intervention responsibilities; (7) waiver or modification by the FCC or a State of minimum interconnection standards with respect to a rural telephone company; and (8) a State's authority to impose requirements on a telecommunications carrier for intrastate services to further competition in telephone exchange service or exchange access service. (Sec. 102) Prohibits a Bell operating company (BOC)(including any subsidiary and affiliate) which provides telephone exchange service from providing information services, manufacturing services, or interLATA (local access and transport area) services (with exceptions), unless it provides that service through a subsidiary that: (1) is separate from any BOC entity that provides telephone exchange service; and (2) meets specified structural and transactional requirements, such as books, records, officers, directors and employees separate from the BOC. Prohibits any discrimination between a BOC, its subsidiary or affiliate, and any other entity in the provision of goods, services, facilities, and information or in the establishment of standards. Prohibits a BOC subsidiary from marketing or selling telephone exchange services provided by the BOC unless that company permits other entities offering the same or similar services to market and sell its telephone exchange services. Outlines additional requirements for the provision of interLATA services by a BOC. Requires each BOC and its subsidiary or affiliate to protect the confidentiality of proprietary information relating to other common carriers, equipment manufacturers, and customers, with certain exceptions such as bill collection. Authorizes the FCC to grant an exception from any requirement of this section when determined necessary for the public interest, convenience, and necessity. Requires public utility companies which are registered holding companies that provide telecommunications services to provide such service through a separate subsidiary. Directs each State to determine whether public utility companies in their State which provide such service but are not registered holding companies will be required to provide such service through a separate subsidiary. (Sec. 103) Directs the FCC to institute and refer to a Federal- State joint board a proceeding to recommend rules regarding the implementation of provisions with regard to universal service (intra- and inter-state telecommunications services that the FCC determines should be provided at reasonable rates to all Americans, including those in rural and high-cost areas and those with disabilities). Requires the periodic (at least every four years) review of such implementation. Provides Joint Board and FCC deadlines with regard to the provision and implementation of appropriate recommendations. Requires the Joint Board and the FCC to base policies for the preservation and enhancement of universal service on specified principles, including quality services, affordable rates, and access in all regions of the country. Requires all telecommunications providers to contribute in the advancement of universal service. Prohibits telecommunications carriers from subsidizing competitive services with revenues from services that are not competitive. (Sec. 104) Directs the FCC (in the case of interstate service) or a State (in the case of intrastate service), when more than one telecommunications carrier serves a geographic area, to determine which carrier is best able to provide universal service to the community and to designate that carrier as an essential telecommunications carrier (ETC) for that community. Sets forth ETC obligations in the provision of such service. Allows multiple ETC designations for an area. Directs the FCC or a State, as appropriate, to establish rules for the resale of universal service, requiring the carrier whose facilities are being resold to be adequately compensated for their use. Allows, under specified rules, an ETC to relinquish such designation if another ETC is designated for the same area. Provides for: (1) enforcement proceedings against an ETC refusing to provide appropriate universal service; and (2) the designation of an ETC for interexchange services for any unserved community or portion thereof requesting such services. (Sec. 105) Makes provisions of the Act prohibiting foreign investment and ownership in telecommunications licenses, facilities, and equipment inapplicable to foreign representatives when the FCC determines that the foreign country of such representative provides equivalent market opportunities for common carriers to the United States or its citizens. Repeals such exemption when such equal opportunity ceases. (Sec. 106) Directs the FCC to prescribe regulations that require certain local telephone exchange carriers to make available to any qualifying carrier (an ETC) such public switched network infrastructure, technology, information, and telecommunications facilities and functions as may be requested for the provision of telecommunications services, or access to such services, in the service area of an ETC. Requires a local exchange carrier entering into an agreement under this section to provide to each party of the agreement timely information on the planned deployment of telecommunications services and equipment, including necessary software. Title II: Removal of Restrictions to Competition - Subtitle A: Removal of Restrictions - Amends the Act to prohibit any State or local statute or regulation from prohibiting the ability of any entity to provide any interstate or intrastate telecommunications services. Authorizes the FCC to immediately preempt the enforcement of any statute that is found to so interfere. Protects the rights of any cable operator engaged in the provision of telecommunications services, prohibiting any franchise or additional conditions from being imposed on such operator for such services. (Sec. 202) Authorizes a State, under certain conditions, to require a direct-to-home satellite service provider who is subject to the personal jurisdiction of the State to collect and remit a State and local sales tax with respect to the provision of such services. Provides nondiscrimination provisions. Exempts the direct-to-home satellite service from other local taxes or fees for such services. (Sec. 203) Provides that any telecommunications carrier, including a BOC, which carries or provides video programming provided by others through a common carrier video platform shall not be considered a cable operator providing cable service and therefore shall not be subject to certain cross-ownership restrictions under the Act. Requires BOCs, in order to receive such exemption, to: (1) provide facilities, services, or information to all programmers on the same terms and conditions as provided to its own video programming operations; and (2) not subsidize its video programming with revenues from its telecommunications services. Outlines provisions concerning rates, access, and certain procedural safeguards (through FCC regulations) and enforcement provisions with respect to the provision of video programming through a common carrier video platform. (Sec. 204) Authorizes the FCC to consider a rate for cable programming services as unreasonable only if it substantially exceeds the national average rate for comparable services. Includes as "effective competition" under the Act a situation where a local exchange carrier offers video programming services directly to subscribers, either over a common carrier video platform or as a cable operator, in the franchise area of an unaffiliated cable operator which is also providing cable service in that franchise area. (Sec. 205) Authorizes a cable television system to use utility pole attachments to provide cable service or any other telecommunications service. Requires a utility owning a pole to provide a cable television system with nondiscriminatory access to such pole for such purposes. Directs the FCC to prescribe regulations to ensure that such utilities charge just, reasonable, and nondiscriminatory rates for such pole attachments. (Sec. 206) Authorizes any utility and its subsidiary or affiliate (other than a public utility holding company that is an associate company of a registered holding company) to engage in any activity necessary or appropriate for the provision of telecommunications services, information services, or other services or products subject to FCC jurisdiction under the Act. Prohibits the Securities and Exchange Commission from regulating such activities. Allows the Federal Energy Regulatory Commission or a State commission to exercise its authority to prohibit the cross-subsidization of such activities. Requires the maintenance of separate books and accounts with regard to such activities by any subsidiary or affiliate that is an associated company of a registered holding company. Allows for independent audits, upon State request, of such subsidiaries or affiliates with respect to such activities. (Sec. 207) Authorizes the FCC, under certain conditions, to allow licensees to make use of the advanced television spectrum for the transmission of ancillary or supplementary services. Authorizes the FCC to collect fees for the use of such spectrum from licensees that charge subscribers for advanced television spectrum services. Requires such licensee to establish that such services are in the public interest. Increases from 25 to 35 percent the amount of national audience a single broadcast licensee may reach. Increases the term of license renewal for television licenses from five to ten years and for radio licenses from seven to ten years. Revises the broadcast license renewal procedures to allow such renewal if the FCC finds that: (1) the station has served the public interest, convenience, and necessity; (2) there have been no serious violations by the licensee of the Act or FCC rules and regulations; and (3) there have been no other violations which, taken together, would constitute a pattern of abuse. Subtitle B: Termination of Modification of Final Judgment - Establishes the criteria to be used by the FCC to determine when a BOC may provide interLATA services in the region in which it is the dominant provider of wireless telephone exchange service or exchange access service. Allows such BOC to provide such services only if it has reached an interconnection agreement which meets the requirements of a competitive checklist, including nondiscriminatory access to specified services. States that, until a BOC is authorized to provide interLATA services in a telephone exchange area, a telecommunications carrier may not jointly market telephone exchange or exchange access service purchased from such a BOC with interexchange services offered by that telecommunications carrier. Prohibits the FCC from limiting or extending the requirements of the competitive checklist. Outlines provisions concerning: (1) a BOC application for the provision of interLATA services in an appropriate area; (2) FCC determination and approval of such application and publication of results in the Federal Register; and (3) judicial review and judgment with respect to an approval. Requires a BOC granted such approval to provide interLATA toll dialing parity throughout the market area coincident with its exercise of authority. Authorizes a BOC or its subsidiary or affiliate to provide interLATA services in an area where it is not the dominant provider of telephone exchange or exchange access services upon the date of enactment of this Act. Authorizes such BOC to provide certain incidental services, with limitations. Provides that a person engaged in the provision of commercial mobile services shall not be required to provide equal access to interexchange telecommunications carriers unless required to do so under the Act. (Sec. 222) Provides that a BOC authorized to provide interLATA services under this Act shall be authorized by the FCC to: (1) manufacture and provide telecommunications equipment; and (2) manufacture customer premises equipment, subject to specified requirements and related regulations. Requires such manufacturing to be carried out through a separate subsidiary or affiliate of such BOC, with appropriate requirements of separation (books, accounts, officers, and employees) maintained. Requires a manufacturing subsidiary of a BOC to make available to local exchange carriers telecommunications equipment and related software that is manufactured by such subsidiary as long as there is demand for such equipment. Prohibits a BOC from discriminating among such local exchange carriers with respect to bids for services or equipment, the standards or certification of equipment, or the sale of telecommunications equipment and software. Requires the protection of proprietary information. Allows a BOC to engage in close collaboration with manufacturers of customer premises or telecommunications equipment not affiliated with a BOC during the design and development of equipment hardware and software. Provides for the administration and enforcement of such requirements through FCC regulations and appropriate civil actions. (Sec. 223) States that nothing in this Act is intended to prohibit a BOC from engaging in any activity authorized by an order pursuant to the Modification of Final Judgment, if such order was entered on or before the date of enactment of this Act. (Sec. 224) Provides specific penalties for violations of provisions of this Act relating to interconnection authority, separate subsidiary and safeguard requirements, and the authority of a BOC to provide interLATA telecommunications services. (Sec. 225) Authorizes a BOC to provide alarm monitoring services three years after the date of enactment of this Act if the BOC has been authorized by the FCC to provide interLATA services. Requires the FCC to establish rules governing the provision of such services by a BOC. Provides an exception to the three-year waiting requirement in the case of alarm monitoring services provided by a BOC that was engaged in the provision of such services as of December 31, 1994, as long as certain conditions are met. Title III: An End to Regulation - Directs the FCC and the States to: (1) provide telecommunications carriers with pricing flexibility in the rates charged to consumers for telecommunications services; (2) ensure that residential telephone rates remain just, reasonable, and affordable as competition develops for telephone exchange service and telephone exchange access service; and (3) adopt alternative forms of regulation for Tier 1 telecommunications carriers as part of a plan that includes the advancement of competition and other measures designed to protect the consumer. Authorizes the FCC and the States to establish: (1) rates for services included within universal service; and (2) a residential telephone rate where only a single carrier provides such service in a market, but to cease such rate regulation when determined no longer necessary for the protection of consumers. Provides for a transition plan. Requires local telephone exchange carriers to provide subscriber list information to anyone, upon request, on a timely, unbundled, and nondiscriminatory basis. (Sec. 302) Directs the FCC (with respect to Federal regulations) and a Federal-State Joint Board (with respect to State regulations) to biennially review and make appropriate determinations with respect to all regulations applicable to telecommunications services. (Sec. 303) Authorizes the FCC, upon making certain determinations, to forbear from applying any regulation or provision of the Act to a telecommunications carrier or service in any or some of their geographic markets. Requires the FCC, within those determinations, to consider whether such forbearance will promote competitive market conditions. (Sec. 304) Requires the FCC and each State telecommunications commission to encourage the deployment of advanced telecommunications capability to all Americans. Requires the FCC to regularly initiate a notice of inquiry concerning such availability. (Sec. 305) Directs the FCC to undertake the termination or modification of regulations and provisions of the Act as necessary to implement the changes made under this Act. (Sec. 306) Provides that any ship documented under U.S. laws operating under the Global Maritime Distress and Safety System provisions of the Safety of Life at Sea Convention shall not be required to be equipped with a radio telegraphy station operated by one or more radio officers or operators. (Sec. 307) Requires local exchange carriers to make available: (1) interim telecommunications number portability beginning on the date of enactment of this Act; and (2) final number portability when the FCC determines such to be technically feasible. Requires the neutral administration of a nationwide numbering system, with costs to be borne by all telecommunications carriers. (Sec. 308) Requires the manufacturer of telecommunications and customer premises equipment or a provider of telecommunications service to ensure that the equipment is designed, developed, and fabricated to be accessible to and usable by individuals with disabilities, if readily achievable. Sets forth standards. Requires closed captioning when readily achievable. Provides exemptions from such requirements. Provides for: (1) studies; (2) regulations; and (3) enforcement. (Sec. 309) Prohibits a State, except for the adoption of specified minimally restrictive statutes or regulations, from waiving or modifying the requirements of this Act concerning interconnection agreements. Authorizes the FCC to preempt any State statute or regulation found to be inconsistent with FCC regulations or unreasonably discriminatory in their application. (Sec. 310) Requires designated ETCs, upon request, to provide at affordable and reasonable rates: (1) telecommunications services necessary for the provision of health care services to persons residing in rural areas; and (2) universal service to elementary and secondary schools and libraries for the provision or receipt of educational services. Directs the FCC to establish rules for the enhancement of the availability of advanced telecommunications and information services to elementary and secondary school classrooms, health care providers, and libraries. Requires appropriate interconnection. (Sec. 311) Prohibits any BOC that provides payphone or telemessaging service from: (1) subsidizing such services with revenues from its telephone exchange or exchange access service; or (2) preferring or discriminating in favor of its payphone or telemessaging service. Requires implementing regulations. Title IV: Obscene, Harassing, and Wrongful Utilization of Telecommunications Facilities - Communications Decency Act of 1995 - Amends the Act to prohibit the use of any telecommunications device (currently, only the telephone) by a person not disclosing his or her identity in order to annoy, abuse, threaten, or harass any person. Prohibits the repeated use of a telecommunications device solely for harassment purposes. Prohibits a person from allowing the use of any telecommunications facility (currently, telephone facility) in his or her control for such purposes. Prohibits the use of a telecommunication device (currently, telephone) for making indecent communications for commercial purposes to children under age 18. Increases the fine and maximum sentence for such violations. Provides defenses to such violations, including one for persons whose actions are limited solely to the provision of access to certain communications. (Sec. 403) Increases from $10,000 to $100,000 the maximum fine for: (1) transmission over a cable system of obscene or otherwise unprotected material; and (2) broadcasting obscene language on the radio. (Sec. 405) Includes digital communications among those communications protected by the Act from unauthorized interception and disclosure. (Sec. 406) Prohibits a party calling a toll-free telephone number from being assessed a charge by virtue of being asked to connect or otherwise transfer to a pay-per-call service. (Sec. 407) Requires cable television operators, upon subscriber request and at no charge, to fully scramble or otherwise block the audio and video portions of programs unsuitable for children. (Sec. 408) Authorizes a cable operator to refuse to transmit any public access or leased access program or portion thereof which contains obscenity, indecency, or nudity.
Bill· SS. 650 (104th)open
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: Amendments to the Community Reinvestment Act of 1977 Subtitle C: Payment of Interest Act Title II: Streamlining Government Regulation Subtitle A: Eliminating Unnecessary Regulatory Requirements and Procedures Subtitle B: Eliminating Unnecessary Costs and Paperwork Burdens Subtitle C: Eliminating Unnecessary Reporting Requirements Subtitle D: Regulatory Micromanagement Title III: Regulatory Impact on Cost of Credit and Credit Availability Subtitle A: Lowering Compliance Costs to Promote Credit Availability Subtitle B: Disincentives to Risk-Taking Subtitle C: Miscellaneous Nonsupervisory Reforms Economic Growth and Regulatory Paperwork Reduction Act of 1995 - Title I: Reductions in Government Overregulation - Subtitle A: The Home Mortgage Process - Part I: Regulatory Simplification and Uniformity - Amends the Truth in Lending Act (TLA) and the Real Estate Settlement Procedures Act (RESPA) to require the Board of Governors of the Federal Reserve System (the Board) to: (1) eliminate, modify, or simplify disclosure requirements if such action results in uniformity with other statutory disclosure requirements relating to credit transactions; and (2) proscribe imposition of any disclosure requirement unless its effect is to eliminate, modify, or simplify any disclosure required under this Act. (Sec. 103) Exempts from TLA disclosure requirements transactions that the Board determines: (1) are not necessary to effectuate its purposes; or (2) do not provide a measurable benefit in the form of useful information or consumer protection. (Sec. 104) Amends RESPA to repeal requirements that: (1) a federally related mortgage lender disclose to a mortgage loan applicant the servicing of any such mortgages the lender has assigned, sold or transferred during the most recent three calendar years; and (2) a lender that does not service federally related loans similarly disclose any intention to assign, sell or transfer such servicing. 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 requirements). Directs the Board to ensure that regulations pertaining to the business credit exemption from RESPA jurisdiction include all business credit exempted from the TLA. Part II: Clarifications to Reduce Costs and Regulatory Burdens - Amends the TLA to exempt from its disclosure requirements any credit transactions involving consumers with an annual earned income of more than $200,000 or having net assets in excess of $1,000,000 at the time of the transaction. (Sec. 112) Revises disclosure requirements for adjustable rate home mortgages to permit as an alternative to the currently required table illustration, a statement that a monthly payment may increase or decrease significantly due to annual percentage rate increases. Grants creditors the option of disclosing, in any variable interest rate residential mortgage transaction that is not an open end credit plan, 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. 113) Excludes from the determination of the finance charge for any consumer credit transaction fees imposed by third party closing agents (including settlement agents, attorneys, escrow and title companies) that are neither expressly required nor retained by the creditor (thereby exempting such amounts from TLA disclosure requirements). Exempts from the computation of a finance charge, if they are otherwise itemized and disclosed, certain: (1) taxes on security instruments or evidences of indebtedness; and (2) fees for preparation of loan-related documents and attending or conducting settlement. (Sec. 114) Exempts from the right of rescission certain refinancings or consolidations of debt that are secured by a lien on a consumer's principal dwelling. (Sec. 115) Permits finance charge disclosures for certain consumer credit transactions secured by real property or a dwelling to vary within an accuracy tolerance range of $100. Sets guidelines for per diem interest rate disclosures consumer credit transactions. (Sec. 116) Shields a creditor or assignee from liability in connection with disclosures of: (1) certain fees and charges; and (2) finance charges that fall within certain statutory tolerance limits. (Sec. 117) Modifies the guidelines delimiting an obligor's period of rescission to preclude a consumer from asserting rescission in any action after the earlier of: (1) expiration of the three-year period beginning on the transaction consummation date; or (2) the date of the sale of the property securing an extension of credit. (Sec. 118) Modifies assignee liability guidelines to provide that a violation is apparent on the face of the disclosure statement if the disclosure does not use the format required by law. Prescribes guidelines under which the servicer of a consumer obligation arising from a consumer credit transaction shall not be treated as the assignee of such obligation. (Sec. 119) Repeals the bona fide personal financial emergency condition placed upon exercise of the Board's authority to modify or waive rescission rights arising from a consumer credit transaction. Subtitle B: Amendments to the Community Reinvestment Act of 1977 - Amends the Community Reinvestment Act of 1977 (CRA) to prohibit the appropriate Federal regulatory agency, in the course of examining a financial institution, from imposing recordkeeping or reporting requirements that do not have the effect of eliminating, streamlining, or reducing regulatory burdens upon such institution. (Sec. 132) Exempts small-sized banks with total assets under $250 million from CRA jurisdiction. (Sec. 133) Prescribes guidelines under which each appropriate Federal regulatory agency shall: (1) publish its examination schedule; and (2) provide opportunity for community comment. Authorizes the agency to reconsider, upon request, the rating of an institution. (Sec. 134) Defines a "special purpose bank" as one that does not generally accept deposits from the public in amounts less than $100,000, such as a credit card bank or a trust bank. Mandates that, in assessing the record of special purpose banks in meeting community credit needs, the appropriate Federal regulatory agency: (1) take into consideration the nature of the businesses of such banks; and (2) develop standards under which they may be deemed to comply with CRA requirements consistent with the specific nature of such businesses. Requires the agency, in assessing any financial institution, to give positive consideration to investments and loans made by such institutions that provide benefits to distressed communities, regardless of whether or not the communities are located within the service area of the financial institution. Subtitle C: Payment of Interest Act - Amends the Federal Deposit Insurance Corporation Improvement Act of 1991 to retitle the Truth in Savings Act as the "Payment of Interest Act". Repeals: (1) the finding of the Congress that uniform disclosure of interest and fees charged on consumer deposit accounts strengthens consumer ability to make informed decisions and verify deposit accounts; and (2) the stated purpose of the Truth in Savings Act requiring clear, uniform disclosure of interest rates payable on deposit accounts and the fees assessable against them. Declares instead that: (1) the Truth in Savings Act created unnecessary paperwork, compliance, and liability burdens for depository institutions without enhancing consumer ability to make informed decisions; and (2) the purpose of the Payment of Interest Act is to repeal unnecessary disclosure requirements while retaining the requirement that interest be paid on the full amount of principal in the account for each day of the stated calculation period at the interest rate disclosed by the depository institution. Repeals: (1) the uniform disclosure requirements for interest rates and fees, including annual percentage yields, minimum account and time requirements, and interest penalties; and (2) the proscription against misleading descriptions of free or no-cost accounts, and misleading or inaccurate advertisements. Repeals current law that a depository institution: (1) maintain and distribute a schedule of fees, interest rates, and account restrictions written in readily understood format for each class of accounts being offered; (2) notify account holders of any changes in the schedule; and (3) clearly and conspicuously disclose with each periodic statement to account holders the annual percentage yield earned, the amount of interest earned, the amount of fees or charges imposed, and the number of days in the reporting period. Repeals civil liability guidelines governing class actions. Modifies depository institution liability regarding: (1) notification and adjustment for errors; and (2) continuing and subsequent depository institution failure to pay interest. Title II: Streamlining Government Regulation - Subtitle A: Eliminating Unnecessary Regulatory Requirements and Procedures - Amends the Bank Holding Company Act of 1956 (BHCA) to set forth financial and managerial criteria under which an acquisition of shares 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. 202) Amends the Federal Deposit Insurance Act (FDIA) to set forth conditions under which prior approval is not required for any merger, consolidation, asset acquisition, or liabilities assumption, involving only insured depository institutions subsidiaries of the same depository institution holding company. (Sec. 203) Permits any insured depository institution to participate in optional conversion transactions between members of the Bank Insurance Fund and the Savings Association Insurance Fund without the prior written approval of the responsible agency. Repeals: (1) agency guidelines for approval; and (2) the prohibition against transactions which result in the transfer from one Federal deposit insurance fund to the other. Makes the sole criterion for authorization of a conversion transaction without approval that the acquiring, assuming, or resulting depository institution will meet all applicable capital requirements upon consummation of the transaction. (Sec. 204) Amends the Revised Statutes, the Federal Reserve Act (FRA), and the FDIA to delineate conditions under which prior approval is not required for banks under their purview to establish and operate a branch or seasonal agency. (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 Revised Statutes to repeal the aggregate minimum capital requirements imposed upon a national banking association and its branches. (Sec. 207) Amends the Revised Statutes and the FDIA to exclude from the definition of "branch" an automated teller machine or remote service unit (thus exempting those entities from the approval requirements of such Acts). (Sec. 208) Amends the FRA to prescribe regulatory approval guidelines for investments in bank premises by well capitalized and well managed banks. (Sec. 209) 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 the holding company's control (thus subject to specified approval requirements). (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: (1) has been chartered less than two years; or (2) has undergone a change in control within the preceding two years. Retains such prior notice requirement for troubled insured depository institutions or depository institution holding companies only if the agency determines that prior notice is appropriate. Extends from 30 days up to 90 days the period during which, following notice, the agency may disapprove board of directors or senior executive officer appointments by such institutions or companies. (Sec. 211) Amends the Depository Institutions Management Interlocks Act to revise the prohibition on dual service of management officials to raise the asset-size thresholds of the depository institutions or depository holding companies to which the prohibition applies. Authorizes Federal banking regulatory agencies to adjust such thresholds for inflation. Repeals the 20-year exemption from the dual service prohibition for certain grandfathered directors and management officials (thus permitting them to continue their dual service permanently). Repeals the requirement that each appropriate Federal depository institutions regulatory agency: (1) review according to prescribed criteria the petition of a management official to serve in more than one position (interlocking directorate); and (2) determine whether continuation of such dual service produces an anti-competitive effect. Repeals the criteria governing regulatory approval of management interlocks. (Sec. 212) Amends the FRA to exempt from its proscription against preferential terms in credit extensions to executive officers, directors, or principal shareholders (insider lending) any credit extensions made pursuant to a benefit or compensation program widely available to employees of the member bank. Includes such credit extensions in the Board's authority to waive the proscription against such preferential terms for certain executive officers and directors of controlling nonbank affiliates. Repeals the reporting requirement that: (1) an executive officer of a member bank indebted to another bank submit a written report of such debt to the member bank's board of directors; and (2) a member bank include in its statutory condition of report all loans made since its previous report. Amends the FDIA to repeal Federal banking agency authority to require banks to disclose credit extensions 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 regarding any credit extensions made to them by a bank maintaining a correspondent account. (Sec. 213) Amends the Federal Financial Institutions Examination Council Act of 1978 to abolish the Appraisal Subcommittee. Amends the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 to transfer the functions of the Appraisal Subcommittee to the Federal Financial Institutions Examination Council. (Sec. 214) Amends the FDIA to exclude automated teller machines and specified bank branches from the definition of "banking branch" (thus exempting them from Federal bank closure notification requirements). Makes such exemption retroactive to the effective date of the Federal Deposit Insurance Corporation Improvement Act of 1991. (Sec. 215) Amends the International Banking Act of 1978 to replace the Board's authority to order a foreign bank to terminate its branch activities in the United States with authority to recommend to the appropriate Federal or State bank official that such branch's license be terminated. Revises the examination guidelines for foreign banks to: (1) direct the Board to rely upon reports of examinations made by the Comptroller of the Currency, the Federal Deposit Insurance Corporation (FDIC), and State bank supervisors (currently the Board coordinates such examinations); and (2) subject a foreign bank to the same on-site examination schedules and cost-of-examination assessments as are imposed upon U.S. banks. Modifies procedural guidelines for Board review of foreign bank applications to establish a U.S. presence. Subtitle B: Eliminating Unnecessary Costs and Paperwork Burdens - Amends the FDIA to: (1) expand from 18 months to 24 months the discretionary timeframe for mandatory on-site examinations of certain small-sized depository institutions; and (2) increase from $175 million to $250 million the asset-size ceiling on the meaning of "small depository institution" which Federal banking agencies may in their discretion determine for examination purposes. (Sec. 222) Amends the Right to Financial Privacy Act to require a Government authority to reimburse a financial institution for assembling or providing financial records pertaining to corporate customers. (Sec. 223) Directs the Federal Financial Institutions Examinations Council, and each Federal banking agency represented on it, to review and report to the Congress on Federal banking regulations at least every ten years to identify unnecessary regulatory requirements imposed upon insured depository institutions.Requires the Council or the pertinent banking agency to eliminate unnecessary regulations to the extent appropriate. Subtitle C: Eliminating Unnecessary Reporting Requirements - Amends the Community Reinvestment Act of 1977 (CRA) to prohibit the imposition upon financial institutions of: (1) recordkeeping requirements that do not result in eliminating, streamlining or reducing regulatory burdens upon the institutions; or (2) loan data collection and reporting requirements. Prohibits public disclosure of loan data by any Federal financial supervisory agency. (Sec. 232) Amends the Federal Home Loan Bank Act (FHLBA) to exempt financial institutions meeting specified criteria from its community support requirements. (Sec. 233) Amends Federal monetary law to: (1) reduce mandatory identification procedures for monetary transactions; and (2) repeal identification reporting requirements regarding certain financial institution customers of depository institutions. (Sec. 235) Amends the Federal Deposit Insurance Corporation Improvement Act of 1991 to repeal the mandate that: (1) insured depository institutions include information on small businesses and small farm lending in their annual reports of condition; and (2) the Board publish annually information on credit availability to small businesses. (Sec. 236) Amends the Home Mortgage Disclosure Act of 1975 to increase from $10 million to $50 million the maximum asset-size of institutions exempt from its purview. Authorizes the Board to exempt from the Act's disclosure requirements institutions whose asset-size is at least $50,000000 if the burden of compliance outweighs the usefulness of the requisite information. Declares that a depository institution shall be deemed to have satisfied the public availability requirements with respect to its mortgage loan transactions if its branch offices provide notice of the availability upon request of such information from the home office. (Sec. 237) Amends FDIA guidelines governing a change in control of insured depository institutions to repeal mandatory reporting by financial institutions (or affiliates) of any loans secured by 25 percent or more of any class of shares of an insured depository institution (stock loans). Subtitle D: Regulatory Micromanagement - Amends the Revised Statutes regarding national banking association director qualifications to extend to all such associations the Comptroller of the Currency's authority to waive citizenship requirements for a minority of the association's directors. Allows the Comptroller to waive State residency requirements. (Sec. 242) Sets a deadline by which each Federal banking agency and the National Credit Union Administration Board must eliminate regulations which require insured depository institutions and credit unions to produce unnecessary internal written policies. (Sec. 243) Amends the FDIA to increase the number of members of the FDIC Board of Directors from five to six. Mandates that one director be appointed from among individuals serving as State bank commissioners or supervisors. Limits such appointment to a single two-year term served without compensation. Limits eligibility to serve as Chairperson or Vice Chairperson of the FDIC Board to residentially appointed directors. Title III: Regulatory Impact on Cost of Credit and Credit Availability - Subtitle A: Lowering Compliance Costs to Promote Credit Availability - Amends FDIA guidelines for improved accountability in financial management to: (1) eliminate the use of an independent public accountant to detect and report violations of law by an insured depository institution or depository institution holding company; (2) alter independent audit committee composition from one composed entirely of outside directors independent of institution management, to one composed of a majority of such independent directors; and (3) require each appropriate Federal banking agency to exempt from the independent audit committee requirement any insured depository institution that has encountered hardships in retaining competent directors on such committee. (Sec. 302) Amends the Equal Credit Opportunity Act and the Fair Housing Act to prohibit an enforcing agency from acquiring or using reports generated by any creditor-conducted review of lending operations to determine compliance with such Acts (thereby encouraging creditors to self-test for compliance with the Acts). (Sec. 303) Amends the Home Owners' Loan Act to revise the exemption from certain non-qualified thrift lender restrictions of specialized savings associations serving transient military personnel to repeal a specified requirement with respect to the association's savings and loan holding company. (Sec. 304) Repeals Federal savings association (association) authority to issue credit cards or engage in credit card operations. Permits an association to deal in credit card loans or education loans without being subject to a percentage-of-assets limitation. Raises from ten percent to 20 percent the percentage-of-assets-limitations ceiling placed upon commercial and agricultural loans offered by an association. Restricts loan amounts exceeding ten percent of an association's total assets to loans made to small businesses. Repeals the five-percent-of-assets loan restriction upon education loans offered by an association. Expands the scope of "qualified thrift lender" to include a domestic building and loan association. Redefines "qualified thrift investment" to cover, as assets includible without limit, educational loans, small business loans, and loans made through credit cards or credit card accounts. Removes the ten-percent-of-assets loan restriction placed upon certain personal, family, household or education loans. (Sec. 305) Amends the FRA, with respect to regulations governing payment system risk or intraday credit, to: (1) require them to include net debit caps appropriate to the credit quality of each Federal Home Loan (FHL) Bank (together with normal fees for daylight overdrafts); or (2) exempt FHL Banks from such regulations. (Sec. 306) Amends the FHLBA to: (1) revise the location requirements for FHL Banks to provide for membership-based-on-convenience; (2) mandate that the FHL Banks contract annually for an annual audit with a single auditor; and (3) preclude the Board from participation in any audit or audit contracting process (other than to establish contract and accounting requirements). (Sec. 308) Amends the BHCA to lift the growth cap restrictions placed upon banks controlled by certain bank holding companies not statutorily treated as bank holding companies. Subtitle B: Disincentives to Risk-Taking - Amends the FDIA and the Federal Credit Union Act to: (1) reinstate the requirement of a showing of irreparable and immediate harm as a prerequisite to attachment of assets and other injunctive relief when the FDIC or the National Credit Union Administration Board acts as conservator or receiver; and (2) confer oversight authority to prohibit removal of assets in cease and desist proceedings if it results in immediate and irreparable harm. Subtitle C: Miscellaneous Nonsupervisory Reforms - Amends the TLA to hold a cardholder liable for unauthorized use of a credit card if the liability exceeds $50 and the cardholder fails to timely notify the card issuer of any unauthorized transaction that appears on the account statement. Amends the Electronic Fund Transfer Act to raise from $50 to $500 a cardholder's liability for unauthorized electronic fund transfers if the cardholder substantially contributed to the unauthorized transfer, including writing on or keeping with the card or other means of access a personal identification or other security code.
Bill· HRH.R. 1362 (104th)open
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.
Bill· HRH.R. 1360 (104th)referred
United States · United States Congress · 30 March 1995
Kosova Peace, Democracy, and Human Rights Act of 1995 - Bars specified sanctions, prohibitions, or requirements with respect to Serbia or Montenegro under the National Defense Authorization Act for Fiscal Year 1994 from ceasing to be effective unless: (1) the President first submits to the Congress the certification described by this Act; and (2) such requirements are met. Describes such certification as a certification that: (1) there is substantial progress toward the realization of a separate identity for Kosova, the right of the people of Kosova to govern themselves, and the creation of an international protectorate for Kosova; (2) there is substantial improvement in the human rights situation in Kosova; and (3) international human rights observers are allowed to return to Kosova and the government of Kosova is permitted to meet and carry out its mandate as elected representatives of the people of Kosova. Directs the President to report to the Congress on: (1) the situation in Kosova; (2) measures to provide humanitarian assistance to Kosova and Kosovar refugees; (3) recommendations on what modalities may be pursued; (4) the current status of U.S. efforts to establish a U.S. Information Agency cultural center in Kosova; and (5) the presence of U.S. officials in Kosova prior to establishment of such center.
Bill· HRH.R. 1361 (104th)referred
United States · United States Congress · 30 March 1995
TABLE OF CONTENTS: Title I: Authorizations Title II: Personnel Management Improvement Title III: Navigation Safety and Waterway Services Management Title IV: Miscellaneous Title V: Coast Guard Regulatory Reform Title VI: Documentation of Vessels Title VII: Technical and Conforming Amendments Title VIII: Coast Guard Auxiliary Amendments Coast Guard Authorization Act for Fiscal Year 1996 - Title I: Authorizations - Authorizes appropriations for the Coast Guard for FY 1996 for: (1) operation and maintenance; (2) acquisition, construction, rebuilding, and improvement of aids to navigation, shore and offshore facilities, vessels, and aircraft; (3) research, development, test, and evaluation of technologies, materials, and human factors relating to the performance of the Coast Guard's mission; (4) retired pay, payments under the Retired Serviceman's Family Protection and Survivor Benefit Plans, and payments for medical care of retired personnel and their dependents; (5) alteration or removal of bridges obstructing navigation, and personnel and administrative costs associated with the bridge alteration program; and (6) environmental compliance and restoration. (Sec. 102) Authorizes: (1) an end-of-year strength for active duty personnel of 38,400 as of September 30, 1996; and (2) specified military training student loads for FY 1996. (Sec. 103) Directs the Secretary of Transportation (Secretary) to submit to specified congressional committees quarterly reports on drug interdiction. Title II: Personnel Management Improvement - Makes provisions of the National Defense Authorization Act for FY 1993 concerning homeowners assistance for certain individuals affected by Hurricane Andrew applicable to the military personnel of the Coast Guard who were assigned to, or employed at or in connection with, any Federal facility or installation in the vicinity of Homestead Air Force Base, Florida, subject to specified limitations. (Sec. 202) Excludes certain reserve members in computing the authorized strength of members on active duty or members in grade. (Sec. 203) Authorizes the Commandant of the Coast Guard to make child development services available to members of the armed forces and Federal civilian employees. (Sec. 204) Requires any officer, chief warrant officer, or enlisted member of the Coast Guard or Coast Guard Reserve to request that all information contained in the National Driver Register pertaining to the individual be made available to the Commandant. Authorizes such individual to request the chief driver licensing official of a State to provide information about the individual to the Commandant. (Sec. 205) Revises provisions regarding officer retention to provide for retention until eligible for retirement under specified conditions. Title III: Navigation Safety and Waterway Services Management - Repeals provision requiring the Secretary of Commerce to collect and pay to the Treasury foreign passenger vessel user fees. (Sec. 302) Sets forth provisions regarding: (1) the Florida Avenue Bridge in Orleans Parish, Louisiana; (2) renewal of the Houston-Galveston Navigation Safety Advisory Committee, the Lower Mississippi River Waterway Advisory Committee, the Navigation Safety Advisory Council, and the Commercial Fishing Industry Vessel Advisory Committee; (3) nondisclosure of port security plans; (4) establishment of a civil penalty to enforce maritime alcohol and dangerous drug testing; (5) withholding vessel clearance for specified violations; (6) increased civil penalties for failure to report a casualty and for operation of an uninspected vessel in violation of manning requirements; and (7) a requirement that vessels operating beyond three nautical miles from the coastline of the Great Lakes carry alerting and locating equipment, including emergency position indicating radio beacons. Title IV: Miscellaneous - Directs the Secretary of Transportation to transfer Coast Guard property in Traverse City, Michigan, and in Ketchikan, Alaska. (Sec. 403) Authorizes electronic filing of commercial instruments. (Sec. 404) Sets forth provisions regarding: (1) Board for Correction of Military Records deadlines; (2) judicial sale of documented vessels to aliens; (3) authority of the Commandant to sell recyclable material; (4) special selection boards; and (5) limits on the use of information from marine casualty investigations. (Sec. 407) Directs: (1) the Commandant to report on the recruitment of women and minorities into the Coast Guard; and (2) the Secretary to report on LORAN-C radionavigation system technology. (Sec. 408) California Cruise Industry Revitalization Act - Amends the Johnson Act to exclude certain voyages from prohibitions against manufacturing, repairing, selling, or possessing gambling devices. (Sec. 409) Revises or adds provisions regarding: (1) vessel financing; (2) availability of extrajudicial remedies for default on preferred mortgage liens on vessels; (3) implementation of water pollution laws with respect to vegetable oil; (4) limited double hull exemptions; and (5) oil spill response vessels. (Sec. 410) Expresses the sense of the Congress that all equipment and products purchased with funds made available under this Act should be American-made. Title V: Coast Guard Regulatory Reform - Coast Guard Regulatory Reform Act of 1995 - Directs the Secretary of Transportation to prescribe regulations which establish a safety management system for specified persons and vessels, including: (1) a safety and environmental protection policy; (2) instructions and procedures to ensure safe operation of those vessels and protection of the environment in compliance with international and U.S. law; (3) defined levels of authority and lines of communications between and among personnel on shore and on the vessel; and (4) procedures for reporting accidents and nonconformities with this title, preparing for and responding to emergency situations, and internal audits and management reviews of the system. Requires regulations prescribed to be consistent with the International Safety Management Code with respect to vessels engaged on a foreign voyage. Sets forth provisions regarding: (1) implementation of the safety management system; and (2) certification and enforcement. Directs the Secretary to conduct a study of the methods that may be used to implement and enforce the International Management Code for the Safe Operation of ships and for Pollution Prevention under the Annex to the International Convention for the Safety of Life at Sea, 1974. (Sec. 503) Authorizes the Secretary to rely, as evidence of compliance with this title, on reports, documents, and records of other persons and on other methods determined by the Secretary to be reliable. (Sec. 504) Revises provisions regarding: (1) equipment approval; (2) frequency of inspection; (3) certificates of inspection; and (4) delegation of authority of the Secretary to classification societies. Title VI: Documentation of Vessels - Authorizes a coastwise endorsement to be issued for a vessel that: (1) is less than 200 gross tons; (2) is eligible for documentation; (3) was built in the United States; and (4) was sold foreign in whole or in part, or placed under foreign registry. (Sec. 602) Authorizes the Secretary to issue a certificate of documentation with a coastwise endorsement for two vessels (both named Gallant Lady), subject to specified limitations on operation and conditions. (Sec. 603) Extends the deadline for conversion of the vessel M-V Twin Drill. (Sec. 604) Authorizes the Secretary to issue a certificate of documentation with appropriate endorsements for employment in the coastwise trade, Great Lakes trade, and the fisheries for the vessel Rainbow's End. Title VII: Technical and Conforming Amendments - Makes technical and conforming amendments to various laws, including the Inland Navigational Rules Act of 1980, the Longshore and Harbor Workers' Compensation Act, the Vessel Bridge-to-Bridge Radio-telephone Act, the Ports and Waterways Safety Act of 1972, the Merchant Marine Acts of 1920 and 1956, the Maritime Education and Training Act of 1980, and title 46 (shipping) of the U.S. Code. Title VIII: Coast Guard Auxiliary Amendments - Revises provisions regarding the Coast Guard Auxiliary to direct the Auxiliary, for command, control, and administrative purposes, to include such organizational elements and units as approved by the Commandant, including a national board and staff. Grants the Auxiliary organization and its officers such rights, privileges, powers, and duties as may be granted to them by the Commandant, consistent with this title and applicable law. Deems each organizational element or unit as an instrumentality of the United States for purposes of various listed statutes, with exceptions. Permits the national board, and any Auxiliary district or region, to form a corporation under State law in accordance with policies established by the Commandant. (Sec. 802) Revises or adds provisions regarding: (1) the purpose of the Auxiliary; (2) members and status of the Auxiliary; (3) assignment and performance of duties; (4) cooperation with other agencies, States, territories, and political subdivisions; (5) vessels deemed public vessels; (6) aircraft deemed public aircraft; and (7) disposal of certain material.
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