datamatters24/research-document-archive huggingface dataset:
II
104TH CONGRESS
2D SESSION
H. R. 1499
IN THE SENATE OF THE UNITED STATES
SEPTEMBER 26, 1996
Received
AN ACT
To improve the criminal law relating to fraud against
consumers.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Telemarketing Fraud
Punishment and Prevention Act of 1996’’.
HR 1499 RDS
SEC. 2. FORFEITURE OF FRAUD PROCEEDS.
Section 982(a) of title 18, United States Code, is
amended by adding at the end the following:
‘‘(6) The Court, in sentencing a defendant for
an offense under section 2326, shall order that the
defendant forfeit to the United States any real or
personal property—
‘‘(A) used or intended to be used to com-
mit or to promote the commission of such of-
fense, if the court in its discretion so deter-
mines, taking into consideration the nature,
scope, and proportionality of the use of the
property in the offense; and
‘‘(B) constituting, derived from, or trace-
able to the gross receipts that the defendant ob-
tained directly or indirectly as a result of the
offense,.’’.
SEC. 3. SENTENCING GUIDELINES CHANGES.
Pursuant to its authority under section 994(p) of title
28, United States Code, the United States Sentencing
Commission shall review and amend the sentencing guide-
lines to provide a sentencing enhancement for any offense
listed in section 2326 of title 18, United States Code—
(1) by at least 4 levels if the circumstances au-
thorizing an additional term of imprisonment under
section 2326(1) are present; and
HR 1499 RDS
(2) by at least 8 levels if the circumstances au-
thorizing an additional term of imprisonment under
section 2326(2) are present.
SEC. 4. INCREASED PUNISHMENT FOR USE OF FOREIGN
LOCATION TO EVADE PROSECUTION.
Pursuant to its authority under section 994(p) of title
28, United States Code, the United States Sentencing
Commission shall amend the sentencing guidelines to in-
crease the offense level for any fraud offense by at least
2 levels if the defendant conducted activities to further
the fraud from a foreign country.
SEC. 5. CLARIFICATION OF ENHANCEMENT OF PENALTIES.
Section 2327(a) of title 18, United States Code, is
amended by striking ‘‘under this chapter’’ and inserting
‘‘for which an enhanced penalty is provided under section
2326 of this title’’.
HR 1499 RDS
SEC. 6. ADDITION OF CONSPIRACY OFFENSES TO SECTION
2326 ENHANCEMENT.
Section 2326 of title 18, United States Code, is
amended by inserting ‘‘, or a conspiracy to commit such
an offense,’’ after ‘‘or 1344’’.
Passed the House of Representatives September 25,
1996.
Attest:
ROBIN H. CARLE,
Clerk.
By JEFF TRANDAHL,
Assistant to the Clerk.
I
104TH CONGRESS
1ST SESSION
H. R. 149
To prohibit the export of satellites intended for launch from launch vehicles
owned by the People’s Republic of China.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 4, 1995
Mr. SOLOMON introduced the following bill; which was referred to the
Committee on International Relations
A BILL
To prohibit the export of satellites intended for launch from
launch vehicles owned by the People’s Republic of China.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Chinese Long March
Act’’.
SEC. 2. PROHIBITION ON EXPORTS.
The export of any satellite of United States origin
that is intended for launch from a launch vehicle owned
by the People’s Republic of China is prohibited.
Æ
lands in the State of Utah are hereby designated as wilder-
ness and therefore as components of the National Wilder-
ness Preservation System:
Approximate
Name of Wilderness Area and Unit
Acreage
Dirty Devil Wilderness:
Dirty Devil-French Springs ......................................
175,300
Fiddler Butte ............................................................
88,200
SEC. 107. CEDAR MESA WILDERNESS AREAS.
(a) FINDINGS.—The Congress finds that over a thou-
sand years ago, the Anasazi Indian culture flourished in
the slickrock canyons and on the pinyon-covered mesas of
southeastern Utah. Evidence of their ancient presence per-
vades the Cedar Mesa area where haunting cliff dwellings,
rock art, and ceremonial kivas embellish sandstone over-
hangs and isolated benchlands. This area cries out for pro-
tection from the vandalism and theft of these unique cul-
tural resources. These wilderness areas are drawn to pro-
tect both the Nation’s archaeological heritage and extraor-
dinary wilderness scenic and ecological values.
(b) DESIGNATION.—In order to protect and manage
so as to preserve the Cedar Mesa wilderness areas and
in furtherance of the purposes of the Wilderness Act (16
U.S.C. 1131 et seq.), the following lands in the State of
Utah are hereby designated as wilderness and therefore
as components of the National Wilderness Preservation
System:
I
104TH CONGRESS
1ST SESSION
H. R. 14
To repeal the exemption from disclosure requirements for municipal securities,
and to require the Securities and Exchange Commission to publish model
disclosure forms to facilitate compliance with the disclosure requirements.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 4, 1995
Mr. LEACH introduced the following bill; which was referred to the Committee
on Commerce
A BILL
To repeal the exemption from disclosure requirements for
municipal securities, and to require the Securities and
Exchange Commission to publish model disclosure forms
to facilitate compliance with the disclosure requirements.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Municipal Securities
Reform and Simplified Disclosure Act of 1995’’.
SEC. 2. GENERAL DISCLOSURE REQUIREMENTS FOR MU-
NICIPAL SECURITIES.
Subsection 15B(d) of the Securities Exchange Act of
1934 (15 U.S.C. 78o4(d)) is amended to read as follows:
‘‘(d) IN GENERAL.—(1) Notwithstanding any other
provision of this Act and in addition to any other disclo-
sure requirements, the Commission shall, by rule or regu-
lation, publish model disclosure forms and clauses for com-
mon transactions to facilitate compliance with the disclo-
sure requirements set forth in this Act to aid issuers and
investors in municipal securities by utilizing readily under-
standable language to simplify the technical nature of the
disclosures. Such model disclosure forms and clauses shall
also be published for any application, report or document
in connection with the issuance, sale, or distribution of
such securities. No provision of this Act may be construed
to require municipal securities issuers to use any such
model form or clause prescribed by the Commission under
this section. A municipal securities issuer shall be deemed
to be in compliance with the disclosure provisions of this
Act with respect to other than numerical disclosures if the
municipal securities issuer (A) uses any appropriate model
form or clause as published by the Commission, or (B)
uses any such model form or clause and changes it by (i)
deleting any information which is not required by this sec-
tion, or (ii) rearranging the format, if in making such dele-
tion or rearranging the format, the municipal securities
issuer does not affect the substance, clarity, or meaningful
sequence of the disclosure.’’.
SEC. 3. EFFECTIVE DATE.
The amendments made by this Act and any rules or
regulations required under such amendments, shall be-
come effective not later than 180 days after the date of
enactment.
Æ
American Federation of Musicians) who have
performed on sound recordings.
‘‘(B) 21⁄2 percent of the receipts shall be
deposited in an escrow account managed by an
independent administrator jointly appointed by
copyright owners of sound recordings and the
American Federation of Television and Radio
Artists (or any successor entity) to be distrib-
uted to nonfeatured vocalists (whether or not
members of the American Federation of Tele-
vision and Radio Artists) who have performed
on sound recordings.
‘‘(C) 45 percent of the receipts shall be al-
located, on a per sound recording basis, to the
recording artist or artists featured on such
sound recording (or the persons conveying
rights in the artists’ performance in the sound
recordings).
‘‘(h) LICENSING TO AFFILIATES.—Where the copy-
right owner of a sound recording owns a controlling inter-
est in, or otherwise has the power directly or indirectly
to exercise a controlling influence over the management
or policies of, an entity engaging in digital transmissions
covered by section 106(6) and licenses to such entity the
right to publicly perform a sound recording by means of
I
104TH CONGRESS
1ST SESSION
H. R. 1505
To amend the Portal to Portal Act of 1947 to limit the award of liquidated
damages to employees of States and political subdivisions.
IN THE HOUSE OF REPRESENTATIVES
APRIL 7, 1995
Mr. MCKEON (for himself, Mr. GOODLING, Mr. CUNNINGHAM, and Mr.
RIGGS) introduced the following bill; which was referred to the Committee
on Economic and Educational Opportunities
A BILL
To amend the Portal to Portal Act of 1947 to limit the
award of liquidated damages to employees of States and
political subdivisions.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. FINDINGS.
The Congress finds that the imposition of liquidated
damages under the Fair Labor Standards Act of 1938 on
State and local governments for the nonpayment of mini-
mum wages or overtime compensation can create a wind-
fall for State and local government employees and an in-
justice to the taxpaying public if the nonpayment was a
technical, insubstantial, or unavoidable violation of such
Act.
SEC. 2. LIMIT ON LIQUIDATED DAMAGES.
Section 11 of the Portal to Portal Act of 1947 (29
U.S.C. 260) is amended by designating the text of the sec-
tion as subsection (a) and by adding at the end the follow-
ing:
‘‘(b) In any action commenced before, on, or after
the date of the enactment of this subsection against a
State or political subdivision of a State to recover unpaid
minimum wages, overtime compensation, or liquidated
damages under the Fair Labor Standards Act of 1938,
the State or political subdivision shall not be liable to pay
liquidated damages relating to such unpaid minimum
wages or overtime compensation—
‘‘(1) if the State or political subdivision shows
to the satisfaction of the court that—
‘‘(A) the minimum wages or overtime com-
pensation were paid by an instrument defined
under the laws of the State or political subdivi-
sion as negotiable, or
‘‘(B) the minimum wages or overtime com-
pensation were not paid because of insolvency
of the State or political subdivision, failure of
the State or political subdivision to enact a
420 
† HR 2642 EAS 
‘‘(B) in the case of a direct loan, has train-
ing or farming experience that the Secretary de-
termines is sufficient to ensure a reasonable 
prospect of success in the farming operation pro-
posed by the farmer; 
‘‘(2)(A) in the case of a farmer that is an indi-
vidual, if the farmer is or proposes to become an 
owner and operator of a farm that is not larger than 
a family farm; or 
‘‘(B) in the case of a lessee-operator of a farm lo-
cated in the State of Hawaii, if the Secretary deter-
mines that— 
‘‘(i) the farm is not larger than a family 
farm; 
‘‘(ii) the farm cannot be acquired in fee 
simple by the lessee-operator; 
‘‘(iii) adequate security is provided for the 
loan with respect to the farm for which the les-
see-operator applies under this chapter; and 
‘‘(iv) there is a reasonable probability of ac-
complishing the objectives and repayment of the 
loan; 
‘‘(3) in the case of a farmer that is a cooperative, 
corporation, partnership, trust, limited liability com-
pany, joint operation, or such other legal entity as the
budget, or a natural disaster or other condition
beyond the control of the State or political sub-
division;
‘‘(2) to any employee who cannot demonstrate
to the satisfaction of the court that the employee
suffered any actual harm as the result of the
nonpayment of minimum wages or overtime com-
pensation.
For purposes of paragraph (2), the term ‘actual harm’
shall be interpreted by the court to include only those cir-
cumstances where an employee has substantiated more
than a minimal monetary loss that is separate from, but
owing to, the nonpayment of minimum wages or overtime
compensation.’’.
Æ
114TH CONGRESS 
1ST SESSION H. R. 1847 
AN ACT 
To amend the Securities Exchange Act of 1934 and the 
Commodity Exchange Act to repeal the indemnification 
requirements for regulatory authorities to obtain access 
to swap data required to be provided by swaps entities 
under such Acts. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
(B) CURRENT POLICY BASELINE.—A de-
tailed display of the current policy baseline for
the current year, the budget year, and the out-
years, with an explanation of changes in the
baseline since it was last issued that includes
the effect of policy decisions made during the
intervening period and an explanation of the
differences between OMB and CBO for each
item set forth in the report.
(C) DEFICITS
ASSUMING
COMPLIANCE.—
Estimates for the budget year and each subse-
quent year through fiscal year 2002 of the defi-
cits or surpluses in the current policy baseline
assuming deficit reduction specified in section
116.
(D) DISCRETIONARY
FUNDING
LIMITS.—
(i) estimates for the current year, the budget
year, and each outyear through 2002 of the dis-
cretionary funding limits and an explanation of
each adjustment made to those limits under
section 102(b), (ii) starting with fiscal year
2002, an estimate of the aggregate first-year
spendout rate for the budget year for discre-
tionary programs, (iii) starting with budget
year 2002, an estimate for the current year and
111
on the budget containing any matter under section
301(b)(5) of that Act’’;
(4) in clause 1 by striking ‘‘, increasing or de-
creasing the statutory limit on the public debt’’;
(5) in the last sentence of clause 1 by inserting
‘‘at the same time the engrossed copy of the concur-
rent resolution on the budget is transmitted to the
Senate’’ after ‘‘transmitted to the Senate for further
legislative action’’;
(6) in the first sentence of clause 2 by striking
‘‘be as follows’’ and all that follows through the pe-
riod and inserting the following: ‘‘be the text of the
section in the concurrent resolution on the budget
included under section 301(b)(5) of the Congres-
sional Budget Act of 1974, without change.’’, and in
the second sentence by striking ‘‘budget;’’ and all
that follows through the period and inserting ‘‘budg-
et.’’; and
(7) in clause 3 by striking ‘‘301(d)’’ and insert-
ing ‘‘301(e)’’, and by striking ‘‘upon the statutory
limit on the public debt’’.
SEC. 204. AMENDMENTS TO THE STANDING RULES OF THE
SENATE.
The Standing Rules of the Senate are amended by
adding at the end the following:
305 
ginning farmer or rancher or veteran farmer or rancher 
(as defined in section 2501(e) of the Food, Agriculture, 
Conservation, and Trade Act of 1990 (7 U.S.C. 2279(e)), 
or’’ after ‘‘The interest rate on’’. 
Subtitle C—Emergency Loans 
SEC. 4201. ELIGIBILITY FOR EMERGENCY LOANS. 
Section 321(a) of the Consolidated Farm and Rural 
Development Act (7 U.S.C. 1961(a)) is amended— 
(1) by striking ‘‘owner-operators (in the case of 
loans for a purpose under subtitle A) or operators 
(in the case of loans for a purpose under subtitle 
B)’’ each place it appears and inserting ‘‘(in the 
case of farm ownership loans in accordance with 
subtitle A) owner-operators or operators, or (in the 
case of loans for a purpose under subtitle B) opera-
tors’’; 
(2) by inserting after ‘‘limited liability compa-
nies’’ the 1st place it appears the following: ‘‘, or 
such other legal entities as the Secretary deems ap-
propriate’’; 
(3) by inserting after ‘‘limited liability compa-
nies’’ the 2nd place it appears the following: ‘‘, or 
other legal entities’’;
517 
‘‘(A) the expected price established under 
existing Group Risk Income Protection or area 
wide policy offered by the Corporation for the 
applicable county (or area) and crop year; and 
‘‘(B) an expected county yield that is the 
higher of— 
‘‘(i) the expected county yield estab-
lished for the existing area-wide plans of-
fered by the Corporation for the applicable 
county (or area) and crop year (or, in geo-
graphic areas where area-wide plans are 
not offered, an expected yield determined 
in a manner consistent with those of area- 
wide plans); or 
‘‘(ii) the average of the applicable 
yield data for the county (or area) for the 
most recent 5 years, excluding the highest 
and lowest observations, from the Risk 
Management Agency or the National Agri-
cultural Statistics Service (or both) or, if 
sufficient county data is not available, such 
other data considered appropriate by the 
Secretary. 
‘‘(5) Use a multiplier factor to establish max-
imum protection per acre (referred to as a ‘protec-
Union Calendar No. 143
104TH CONGRESS
1ST SESSION
H. R. 1506
[Report No. 104–274]
A BILL
To amend title 17, United States Code, to provide
an exclusive right to perform sound recordings
publicly by means of digital transmissions, and
for other purposes.
OCTOBER 11, 1995
Reported with an amendment, committed to the Commit-
tee of the Whole House on the State of the Union, and
ordered to be printed
IB
Union Calendar No. 143
104TH CONGRESS
1ST SESSION
H. R. 1506
[Report No. 104–274]
To amend title 17, United States Code, to provide an exclusive right to
perform sound recordings publicly by means of digital transmissions,
and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 7, 1995
Mr. MOORHEAD (for himself, Mr. HYDE, Mr. CONYERS, and Mr. GEKAS) in-
troduced the following bill; which was referred to the Committee on the
Judiciary
OCTOBER 11, 1995
Additional sponsors: Mr. BONO, Mr. FATTAH, Mr. PETERSON of Minnesota,
Mr. LAHOOD, Mr. BARR, and Mr. BLILEY
OCTOBER 11, 1995
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on April 7, 1995]
A BILL
To amend title 17, United States Code, to provide an exclu-
sive right to perform sound recordings publicly by means
of digital transmissions, and for other purposes.
which sound recordings are performed is or is
about to become operational; and
‘‘(ii) in the first week of January, 2000 and
at 5-year intervals thereafter.
‘‘(B)(i) The procedures specified in paragraph
(2) shall be repeated, in accordance with regulations
that the Librarian of Congress shall prescribe, upon
the filing of a petition in accordance with section
803(a)(1) during a 60-day period commencing—
‘‘(I) six months after publication of a notice
of the initiation of voluntary negotiation pro-
ceedings under paragraph (1) pursuant to a pe-
tition under paragraph (4)(A)(i); or
‘‘(II) on July 1, 2000 and at 5-year inter-
vals thereafter.
‘‘(ii) The procedures specified in paragraph (2)
shall be concluded in accordance with section 802.
‘‘(5)(A) Any person who wishes to perform a
sound recording publicly by means of a nonexempt
subscription transmission under this subsection may
do so without infringing the exclusive right of the
copyright owner of the sound recording—
‘‘(i) by complying with such notice require-
ments as the Librarian of Congress shall pre-
gress shall prescribe, in each fifth calendar year after
1997, except to the extent that different years for the
repeating and concluding of such proceedings may be
determined in accordance with subparagraphs (B)
and (C).
‘‘(G) Except as provided in section 1002(e) of
this title, a digital phonorecord delivery licensed
under this paragraph shall be accompanied by the in-
formation encoded in the sound recording, if any, by
or under the authority of the copyright owner of that
sound recording, that identifies the title of the sound
recording, the featured recording artist who performs
on the sound recording, and related information, in-
cluding information concerning the underlying musi-
cal work and its writer.
‘‘(H)(i) A digital phonorecord delivery of a
sound recording is actionable as an act of infringe-
ment under section 501, and is fully subject to the
remedies provided by sections 502 through 506 and
section 509, unless—
‘‘(I) the digital phonorecord delivery has
been authorized by the copyright owner of the
sound recording; and
‘‘(II) the owner of the copyright in the
sound recording or the entity making the digital
HR 1507 IH1S
ing a semicolon and by adding after paragraph (5) the
following:
‘‘(6) to discriminate against any individual be-
cause such individual has opposed any act or prac-
tice made unlawful by section 6(g) or because such
individual made a charge, testified, assisted, or par-
ticipated in any manner in an investigation, proceed-
ing, or hearing under section 6(g); or
‘‘(7) to discharge or in any other manner dis-
criminate against, coerce, intimidate, threaten, or
interfere with any employee or any other person be-
cause the employee inquired about, disclosed, com-
pared, or otherwise discussed the employee’s wages
or the wages of any other employee, or because the
employee exercised, enjoyed, aided, or encouraged
any other person to exercise or enjoy any right
granted or protected by section 6(g).’’.
SEC. 5. REMEDIES.
Section 16 (29 U.S.C. 216) is amended—
(1) by adding at the end the following:
‘‘(f) In any action brought under this section for vio-
lation of section 6(g), the court shall, in addition to any
other remedies awarded to the prevailing plaintiff or plain-
tiffs, allow expert fees as part of the costs. Any such action
(1) The term ‘‘plat’’ means the plat filed in the
Office of the Surveyor of the District of Columbia
under S.O. 92–252.
(2) The term ‘‘District’’ means the District of
Columbia.
(3) The term ‘‘Islands’’ means Heritage Island
and all of that portion of Kingman Island located
south of Benning Road and within the District of
Columbia and the Anacostia River, being a portion
of United States Reservation 343, Section F, as
specified and legally described on the Survey.
(4) The term ‘‘National Children’s Island’’
means a cultural, educational, and family-oriented
recreation park, together with a children’s play-
ground, to be developed and operated in accordance
with the Children’s Island Development Plan Act of
1993, D.C. Act 10–110.
(5) The term ‘‘playground’’ means the chil-
dren’s playground that is part of National Children’s
Island and includes all lands on the Islands located
south of East Capitol Street.
(6) The term ‘‘recreation park’’ means the cul-
tural, educational, and family-oriented recreation
park that is part of National Children’s Island.
Schedule under section 5316 of title 5, United 
States Code. 
(7) TEMPORARY
AND
INTERMITTENT
SERV-
ICES.—The Co-Chairs of the Task Force may pro-
cure temporary and intermittent services under sec-
tion 3109(b) of title 5, United States Code, at rates 
for individuals which do not exceed the daily equiva-
lent of the annual rate of basic pay prescribed for 
level III of the Executive Schedule under section 
5316 of such title. 
(8) VOLUNTEER SERVICES.— 
(A) IN
GENERAL.—Notwithstanding the 
provisions of section 1342 of title 31, United 
States Code, the Co-Chairs of the Task Force 
are authorized to accept and utilize the services 
of volunteers serving without compensation. 
The Task Force may reimburse such volunteers 
for local travel and office supplies, and for 
other travel expenses, including per diem in lieu 
of substance, as authorized by section 5703 of 
title 5, United States Code. 
(B) EMPLOYEE
STATUS.—A person pro-
viding volunteer services to the Task Force 
shall be considered an employee of the Federal 
Government in the performance of those serv-
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