datamatters24/research-document-archive huggingface dataset:
H. R. 1380
One Hundred Fourth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Wednesday,
the fourth day of January, one thousand nine hundred and ninety-five
An Act
To provide a moratorium on certain class action lawsuits relating to the Truth
in Lending Act.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Truth in Lending Class Action
Relief Act of 1995’’.
SEC. 2. MORATORIUM.
Section 130 of the Truth in Lending Act (15 U.S.C. 1640)
is amended by adding at the end the following new subsection:
‘‘(i) CLASS ACTION MORATORIUM.—
‘‘(1) IN GENERAL.—During the period beginning on the date
of the enactment of the Truth in Lending Class Action Relief
Act of 1995 and ending on October 1, 1995, no court may
enter any order certifying any class in any action under this
title—
‘‘(A) which is brought in connection with any credit
transaction not under an open end credit plan which is
secured by a first lien on real property or a dwelling and
constitutes a refinancing or consolidation of an existing
extension of credit; and
‘‘(B) which is based on the alleged failure of a creditor—
‘‘(i) to include a charge actually incurred (in
connection with the transaction) in the finance charge
disclosed pursuant to section 128;
‘‘(ii) to properly make any other disclosure required
under section 128 as a result of the failure described
in clause (i); or
‘‘(iii) to provide proper notice of rescission rights
under section 125(a) due to the selection by the creditor
of the incorrect form from among the model forms
prescribed by the Board or from among forms based
on such model forms.
‘‘(2) EXCEPTIONS FOR CERTAIN ALLEGED VIOLATIONS.—Para-
graph (1) shall not apply with respect to any action—
‘‘(A) described in clause (i) or (ii) of paragraph (1)(B),
if the amount disclosed as the finance charge results in
an annual percentage rate that exceeds the tolerance pro-
vided in section 107(c); or
H. R. 1380—2
‘‘(B) described in paragraph (1)(B)(iii), if—
‘‘(i) no notice relating to rescission rights under
section 125(a) was provided in any form; or
‘‘(ii) proper notice was not provided for any reason
other than the reason described in such paragraph.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
133
tax adjustment which is allocated to the prop-
erty pursuant to this paragraph.
‘‘(B) LIMITATION.—The death tax adjust-
ment for any property shall not exceed—
‘‘(i) the net appreciation in such prop-
erty, multiplied by
‘‘(ii) the Federal marginal estate tax
rate.
‘‘(C) NET
APPRECIATION.—For purposes
of this paragraph, the net appreciation in value
of any property is the amount by which—
‘‘(i) the fair market value of such
property, exceeds
‘‘(ii) the initial basis of such property
increased by the minimum basis adjust-
ment of such property.
‘‘(4) AGGREGATE DEATH TAX ADJUSTMENT.—
In the case of any estate—
‘‘(A) IN GENERAL.—The aggregate death
tax adjustment is the product of—
‘‘(i) the aggregate net appreciation of
all properties which have net appreciation,
and
‘‘(ii) the Federal marginal estate tax
rate.
Union Calendar No. 90
104TH CONGRESS
1ST SESSION
H. R. 587
[Report No. 104–178]
A BILL
To amend title 35, United States Code, with
respect to patents on biotechnological processes.
JULY 11, 1995
Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
establish an express option for deciding those pro-
tests which the Comptroller General determines suit-
able for resolution within 65 days after the later of
(i) the date the protest is submitted to the Comp-
troller General, or (ii) the date that the Comptroller
General issues a ruling which denies a motion to dis-
miss filed by the agency in accordance with the limi-
tations of section 3554(a)(5)(A) of this title;’’.
(f) The following new subparagraph is added after
section 3554(a)(4) of title 31, United States Code:
‘‘(5)(A) The Comptroller General shall, within
20 days of receipt, resolve motions made by a Fed-
eral agency to dismiss the protest if—
‘‘(i) the motion is filed with the Comptrol-
ler General within 5 days after the Federal
agency receives notification of the protest pur-
suant to section 3553(b)(1) of this chapter and
the agency certifies that copies of the motion
have been served on all interested parties by
hand or electronically, or
‘‘(ii) the motion asserts one or more of the
following:
‘‘(I) The protest should be dismissed
pursuant to paragraph (a)(4) of this sub-
section.
‘‘§ 303M. Two-phase selection procedures
‘‘(a) AUTHORIZATION.—The contracting officer may
use the two-phase selection procedures authorized herein
for acquiring the design and construction of a public build-
ing, facility, or work when the criteria for use in sub-
section (b) are met. The two-phase selection procedures
authorized herein may also be used for entering into a con-
tract for the acquisition of property or services other than
construction services when the criteria described in sub-
section (b) are met.
‘‘(b) CRITERIA FOR USE.—The contracting officer
shall make a determination whether the authorized two-
phase selection procedures are appropriate for use when
the contracting officer anticipates that three or more of-
fers will be received for such contract, design work must
be performed before an offeror can develop a price or cost
proposal for such contract, the offeror will incur a sub-
stantial amount of expense in preparing the offer, and
after considering in individual situations information such
as the following:
‘‘(1) The extent to which the project require-
ments have been adequately defined.
‘‘(2) The time constraints for delivery of the
project.
‘‘(3) The capability and experience of potential
contractors.
‘‘(i) CLASS ACTION MORATORIUM.—
‘‘(1) IN GENERAL.—During the period begin-
ning on the date of the enactment of the Truth in
Lending Class Action Relief Act of 1995 and ending
on October 1, 1995, no court may enter any order
certifying any class in any action under this title—
‘‘(A) which is brought in connection with
any credit transaction not under an open end
credit plan which is secured by a first lien on
real property or a dwelling and constitutes a re-
financing or consolidation of an existing exten-
sion of credit; and
‘‘(B) which is based on the alleged failure
of a creditor—
‘‘(i) to include a charge actually in-
curred (in connection with the transaction)
in the finance charge disclosed pursuant to
section 128;
‘‘(ii) to properly make any other dis-
closure required under section 128 as a re-
sult of the failure described in clause (i);
or
‘‘(iii) to provide proper notice of re-
scission rights under section 125(a) due to
the selection by the creditor of the incor-
ject of the loan application, taking into consideration
the financial resources available to the applicant;
(2) the ability of the applicant to repay the loan
in a timely manner;
(3) the inability of the applicant to secure a
loan from a private lending institution or through
other means of financing;
(4) the extent to which the cleanup of the af-
fected site would reduce health and environmental
risks caused by the release of contaminants at, or
from, the affected site; and
(5) the demonstrable potential of the affected
site for stimulating economic development on com-
pletion of the cleanup.
(d) LOAN AGREEMENTS.—Each loan under this sec-
tion shall be made pursuant to a loan agreement. At a
minimum, the loan agreement shall include provisions that
address the following items:
(1) The loan shall bear interest at a rate not
to exceed 2 percent and for up to one-half of the
costs incurred for the cleanup.
(2) The loan shall be in an amount not exceed-
ing $750,000.
I
104TH CONGRESS
1ST SESSION
H. R. 1380
To provide a moratorium on certain class action lawsuits relating to the
Truth in Lending Act.
IN THE HOUSE OF REPRESENTATIVES
APRIL 3, 1995
Mr. MCCOLLUM (for himself, Mr. LEACH, Mrs. ROUKEMA, Mr. BEREUTER,
Mr. BAKER of Louisiana, Mr. ROYCE, Mr. WELLER, Mr. EHRLICH, Mr.
CHRYSLER, Mr. CREMEANS, and Mr. HEINEMAN) introduced the follow-
ing bill; which was referred to the Committee on Banking and Financial
Services
A BILL
To provide a moratorium on certain class action lawsuits
relating to the Truth in Lending Act.
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 ‘‘Truth in Lending Class
Action Relief Act of 1995’’.
SEC. 2. MORATORIUM.
Section 130 of the Truth in Lending Act (15 U.S.C.
1640) is amended by adding at the end the following new
subsection:
(3) The maturity period of the loan (as deter-
mined by the Administrator) shall not exceed 10
years.
(4) The repayment of the loan during the matu-
rity period shall be in accordance with any schedule
for payments that the Administrator may specify in
the loan agreement.
(5) Each payment referred to in paragraph (4)
shall be made to the Secretary of the Treasury for
deposit in the General Fund of the Treasury.
(6) If the sale or redevelopment of the affected
site results in a net profit to the applicant (taking
into consideration any amount of reimbursement
that may be required under this paragraph) in an
amount greater than or equal to 10 percent, in addi-
tion to paying interest on the loan (as specified in
paragraph (1)), the applicant shall make a payment
to reimburse the Federal Government for the full
and actual costs incurred by the Federal Govern-
ment of making the loan to the applicant, including
any administrative costs.
(7) The applicant shall comply with all applica-
ble Federal and State laws (including regulations)
applicable to the cleanup and shall proceed in ac-
rect form from among the model forms
prescribed by the Board or from among
forms based on such model forms.
‘‘(2) EXCEPTIONS FOR CERTAIN ALLEGED VIO-
LATIONS.—Paragraph (1) shall not apply with re-
spect to any action—
‘‘(A) described in clause (i) or (ii) of para-
graph (1)(B), if the amount disclosed as the fi-
nance charge results in an annual percentage
rate that exceeds the tolerance provided in sec-
tion 107(c); or
‘‘(B) described in paragraph (1)(B)(iii),
if—
‘‘(i) no notice relating to rescission
rights under section 125(a) was provided
in any form; or
‘‘(ii) proper notice was not provided
for any reason other than the reason de-
scribed in such paragraph.
Æ
II
104TH CONGRESS
1ST SESSION
H. R. 1380
IN THE SENATE OF THE UNITED STATES
APRIL 5, 1995
Received
APRIL 24, 1995
Read the first time
AN ACT
To provide a moratorium on certain class action lawsuits
relating to the Truth in Lending Act.
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 ‘‘Truth in Lending Class
Action Relief Act of 1995’’.
SEC. 2. MORATORIUM.
Section 130 of the Truth in Lending Act (15 U.S.C.
1640) is amended by adding at the end the following new
subsection:
•HR 1380 RDS2
‘‘(i) CLASS ACTION MORATORIUM.—
‘‘(1) IN GENERAL.—During the period begin-
ning on the date of the enactment of the Truth in
Lending Class Action Relief Act of 1995 and ending
on October 1, 1995, no court may enter any order
certifying any class in any action under this title—
‘‘(A) which is brought in connection with
any credit transaction not under an open end
credit plan which is secured by a first lien on
real property or a dwelling and constitutes a re-
financing or consolidation of an existing exten-
sion of credit; and
‘‘(B) which is based on the alleged failure
of a creditor—
‘‘(i) to include a charge actually in-
curred (in connection with the transaction)
in the finance charge disclosed pursuant to
section 128;
‘‘(ii) to properly make any other dis-
closure required under section 128 as a re-
sult of the failure described in clause (i);
or
‘‘(iii) to provide proper notice of re-
scission rights under section 125(a) due to
the selection by the creditor of the incor-
•HR 1380 RDS2
rect form from among the model forms
prescribed by the Board or from among
forms based on such model forms.
‘‘(2) EXCEPTIONS FOR CERTAIN ALLEGED VIO-
LATIONS.—Paragraph (1) shall not apply with re-
spect to any action—
‘‘(A) described in clause (i) or (ii) of para-
graph (1)(B), if the amount disclosed as the fi-
nance charge results in an annual percentage
rate that exceeds the tolerance provided in sec-
tion 107(c); or
‘‘(B) described in paragraph (1)(B)(iii),
if—
‘‘(i) no notice relating to rescission
rights under section 125(a) was provided
in any form; or
‘‘(ii) proper notice was not provided
for any reason other than the reason de-
scribed in such paragraph.
Passed the House of Representatives April 4, 1995.
Attest:
ROBIN H. CARLE,
Clerk.
Union Calendar No. 31
104TH CONGRESS
1ST SESSION
H. R. 606
[Report No. 104–58]
A BILL
To amend the Dayton Aviation Heritage
Preservation Act of 1992, and for other purposes.
FEBRUARY 28, 1995
Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
V
104TH CONGRESS
1ST SESSION
H. R. 1382
To authorize the Secretary of Transportation to issue a certificate of docu-
mentation with appropriate endorsement for employment in the coastwise
trade for the vessel AURA.
IN THE HOUSE OF REPRESENTATIVES
APRIL 3, 1995
Mr. STUDDS introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure
A BILL
To authorize the Secretary of Transportation to issue a
certificate of documentation with appropriate endorse-
ment for employment in the coastwise trade for the vessel
AURA.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
That notwithstanding section 27 of the Merchant Marine
Act, 1920 (46 App. U.S.C. 883), the Act of June 19, 1886
(46 App. U.S.C. 289), and section 12106 of title 46,
United States Code, the Secretary of Transportation may
issue a certificate of documentation with appropriate en-
dorsement for employment in the coastwise trade for the
vessel AURA (United States official number 1027807).
Æ
134
‘‘(B) LIMITATION.—The amount taken
into account under subparagraph (A)(i) shall
not exceed the taxable estate.
‘‘(C) FEDERAL
MARGINAL
ESTATE
TAX
RATE.—The term ‘Federal marginal estate tax
rate’ means the highest rate in the rate sched-
ule set forth in section 2001(c)—
‘‘(i) which is used in determining the
tentative tax under section 2001(b)(1) with
respect to the estate of the decedent, and
‘‘(ii) the amount subject to which is at
least $50,000.
In no event shall the Federal marginal estate
tax rate be less than 30 percent.
‘‘(5) ALLOCATION RULES.—The executor shall
allocate the adjustments under this subsection
among the properties on the return of the tax im-
posed by chapter 11.’’.
(c) CONFORMING AMENDMENTS.—
(1) The table of sections for part II of sub-
chapter O of chapter 1 of such Code is amended by
striking the item relating to section 1014.
(2) The heading of section 1015 of such Code
is amended to read as follows:
135
‘‘SEC. 1015. BASIS OF PROPERTY ACQUIRED BY GIFT, FROM
A DECEDENT, OR TRANSFERRED IN TRUST.’’.
(3) The table of sections for part II of sub-
chapter O of chapter 1 of such Code is amended by
striking the item relating to section 1015 and insert-
ing the following new item:
‘‘Sec. 1015. Basis of property acquired by gift, from a decedent,
or transferred in trust.’’.
(d) EFFECTIVE DATE.—The amendments made by
this section shall apply to decedents dying after December
31, 1995.
SEC. 3107. PHASE IN OF CAPITAL GAINS TAX ON INHERITED
PROPERTY.
(a) IN GENERAL.—Subsection (h) of section 1 of the
Internal Revenue Code of 1986 (relating to maximum cap-
ital gains rate) is amended to read as follows:
‘‘(h) MAXIMUM CAPITAL GAINS RATE.—
‘‘(1) IN GENERAL.—If a taxpayer has a net
capital gain for any taxable year, then the tax im-
posed by this section shall not exceed the sum of—
‘‘(A) a tax computed at the rates and in
the same manner as if this subsection had not
been enacted on the greater of—
‘‘(i) taxable income reduced by the
amount of the net capital gain, or
136
‘‘(ii) the amount of taxable income
taxed at a rate below 28 percent, plus
‘‘(B) a tax equal to the sum of—
‘‘(i) the applicable percentage of so
much of such net capital gain as is attrib-
utable to property acquired by the tax-
payer from a decedent dying after Decem-
ber 31, 1995 (or passed to the taxpayer
from such a decedent), and
‘‘(ii) 28 percent of the amount of the
taxable income in excess of the sum of the
amount determined under subparagraph
(A) and the net capital gain described in
clause (i) of this subparagraph.
‘‘(2) APPLICABLE PERCENTAGE.—For purposes
of paragraph (1), the term ‘applicable percentage’
means—
‘‘(A) 10 percent in the case of taxable
years beginning after December 31, 1994, and
before January 1, 1997,
‘‘(B) 15 percent in the case of taxable
years beginning during 1997,
‘‘(C) 20 percent in the case of taxable
years beginning during 1998, and
104TH CONGRESS
1ST SESSION
H. R. 1384
AN ACT
To amend title 38, United States Code, to exempt certain
full-time health-care professionals of the Department of
Veterans Affairs from restrictions on remunerated out-
side professional activities.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. DEPARTMENT OF VETERANS AFFAIRS PERSON-
NEL ADMINISTRATION.
(a) EXEMPTION OF CERTAIN HEALTH-CARE PRO-
FESSIONALS FROM RESTRICTIONS
ON REMUNERATED
OUTSIDE PROFESSIONAL ACTIVITIES.—Section 7423 of
title 38, United States Code, is amended—
(1) in subsection (b), by striking out paragraph
(1) and redesignating paragraphs (2), (3), (4), (5),
and (6) as paragraphs (1), (2), (3), (4), and (5), re-
spectively;
(2) by redesignating subsections (c), (d), (e),
and (f) as subsections (d), (e), (f), and (g), respec-
tively; and
(3) by inserting after subsection (b) the follow-
ing new subsection (c):
‘‘(c)(1) An employee of the Veterans Health Adminis-
tration who is covered by subsection (a) (other than a reg-
istered nurse, a physician’s assistant, or an expanded-duty
dental auxiliary) may not assume responsibility for the
medical care of any patient other than a patient admitted
for treatment at a Department facility.
‘‘(2) The limitation in paragraph (1) shall not apply
in a case in which the employee, upon request and with
the approval of the Under Secretary for Health, assumes
such responsibilities to assist communities or medical
practice groups to meet medical needs which would not
otherwise be available. The approval of the Under Sec-
retary may not be for a period in excess of 180 days, which
may be extended by the Under Secretary for additional
periods of not to exceed 180 days.’’.
(b) CROSS REFERENCE AMENDMENTS.—Subsection
(d) of such section, as redesignated by subsection (a)(2),
is amended—
(1) in the matter preceding paragraph (1), by
striking out ‘‘subsection (b)(6)’’ and inserting in lieu
thereof ‘‘subsection (b)(5)’’; and
(2) in paragraph (2), by striking out ‘‘para-
graph (1)(B)’’ and inserting in lieu thereof ‘‘section
7421(b) of this title’’.
Passed the House of Representatives October 10,
1995.
Attest:
Clerk.
Senate detailing all proposed administrative ex-
penses for such Service for the following fiscal year. 
‘‘(2) SPECIFICS OF BUDGET PROPOSAL.—Such 
proposed budget shall include the following: 
‘‘(A) A breakdown of proposed administra-
tive expenses of the Public Buildings Service 
and the expenses of the previous fiscal year, in-
cluding a breakdown of object classification and 
subclassification to include salaries, bonuses, 
travel and transportation, training, and con-
ferences. 
‘‘(B) A breakdown as described in sub-
paragraph (A) for the Public Buildings Service 
headquarters, Commissioner’s office, and each 
of the regional offices. 
‘‘(C) A breakdown of proposed staffing lev-
els, including the number of full-time equivalent 
positions and the number of Federal employees 
by job classification and title of the Public 
Buildings Service, the Service headquarters, 
Commissioner’s office, and the regional offices, 
and the numbers for the same for the previous 
fiscal year. 
VerDate Sep 11 2014 
23:32 Dec 11, 2014
Jkt 049200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H2612.RH
H2612
smartinez on DSK4TPTVN1PROD with BILLS
I
104TH CONGRESS
1ST SESSION
H. R. 1384
To amend title 38, United States Code, to exempt certain full-time health-
care professionals of the Department of Veterans Affairs from restrictions
on remunerated outside professional activities.
IN THE HOUSE OF REPRESENTATIVES
APRIL 4, 1995
Mr. HUTCHINSON (for himself, Mr. EDWARDS, and Mr. SENSENBRENNER) in-
troduced the following bill; which was referred to the Committee on Vet-
erans’ Affairs
A BILL
To amend title 38, United States Code, to exempt certain
full-time health-care professionals of the Department of
Veterans Affairs from restrictions on remunerated out-
side professional activities.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. DEPARTMENT OF VETERANS AFFAIRS PERSON-
NEL ADMINISTRATION.
Section 7423 of title 38, United States Code, is
amended—
(1) in subsection (b), by striking out paragraph
(1) and redesignating paragraphs (2), (3), (4), (5),
and (6) as paragraphs (1), (2), (3), (4), and (5), re-
spectively;
(2) by redesignating subsections (c), (d), (e),
and (f) as subsections (d), (e), (f), and (g), respec-
tively; and
(3) by inserting after subsection (b) the follow-
ing new subsection (c):
‘‘(c)(1) An employee of the Veterans Health Adminis-
tration who is covered by subsection (a) (other than a reg-
istered nurse, a physician’s assistant, or an expanded-duty
dental auxiliary) may not assume responsibility for the
medical care of any patient other than a patient admitted
for treatment at a Department facility.
‘‘(2) The limitation in paragraph (1) shall not apply
in a case in which the employee, upon request and with
the approval of the Under Secretary for Health, assumes
such responsibilities to assist communities or medical
practice groups to meet medical needs which would not
otherwise be available. The approval of the Under Sec-
retary may not be for a period in excess of 180 days, which
may be extended by the Under Secretary for additional
periods of not to exceed 180 days.’’.
Æ
I
104TH CONGRESS
1ST SESSION
H. R. 1387
To amend the Congressional Budget Act of 1974 to establish a process
to identify and control tax expenditures.
IN THE HOUSE OF REPRESENTATIVES
APRIL 4, 1995
Mr. BARRETT of Wisconsin (for himself and Mrs. MALONEY) introduced the
following bill; which was referred to the Committee on the Budget, and
in addition to the Committee on Rules, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisons as fall within the jurisdiction of the committee concerned
A BILL
To amend the Congressional Budget Act of 1974 to establish
a process to identify and control tax expenditures.
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 ‘‘Tax Expenditure Con-
trol Act of 1995’’.
SEC. 2. TAX EXPENDITURES INCLUDED IN BUDGET RESO-
LUTION.
Section 301 of the Congressional Budget Act of 1974
is amended—