114 HR 3780 IH: Putting Patients and Providers Ahead of Compressed Regulatory Timelines Act of 2015
U.S. House of Representatives
2015-10-21
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		114th CONGRESS
		1st Session
		H. R. 3780
		IN THE HOUSE OF REPRESENTATIVES

			October 21, 2015
			Mr. King of Iowa (for himself, Mrs. Blackburn, and Mr. Zinke) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such
			 provisions as fall within the jurisdiction of the committee concerned

		A BILL
		To amend title XVIII of the Social Security Act to sunset certain penalties relating to meaningful
			 electronic health records use by Medicare eligible professionals and
			 hospitals, and for other purposes.

 1.Short titleThis Act may be cited as the Putting Patients and Providers Ahead of Compressed Regulatory Timelines Act of 2015. 2.Sunsetting certain penalties relating to meaningful EHR use (a)Eligible professionals (1)In generalSection 1848(a)(7) of the Social Security Act (42 U.S.C. 1395w–4(a)(7)) is amended by striking subparagraph (A).
				(2)Effective date; rebate
 (A)Effective dateThe amendment made by paragraph (1) shall apply with respect to items and services furnished on or after January 1, 2015.
 (B)RebateWith respect to items and services furnished during the period beginning on January 1, 2015, and ending on the date of the enactment of this Act, the Secretary of Health and Human Services shall implement a method to provide eligible professionals (as defined in section 1848(o)(5)(C) of the Social Security Act (42 U.S.C. 1395w–4(o)(5)(C))) a reimbursement equal to the amount by which—
 (i)the amount of reimbursement made under section 1848 of such Act (42 U.S.C. 1395w–4), before application of this subsection, for such items and services furnished during such period by such professionals; is less than
 (ii)the amount of reimbursement that would have been made under such section, after application of this subsection, for such items and services furnished by such professionals during such period.
						(b)Eligible hospitals
 (1)In generalSection 1886(b)(3)(B) of the Social Security Act (42 U.S.C. 1395ww(b)(3)(B)) is amended by striking clause (ix).
				(2)Effective date; rebate
 (A)Effective dateThe amendment made by paragraph (1) shall apply with respect to items and services furnished on or after October 1, 2014.
 (B)RebateWith respect to items and services furnished during the period beginning on October 1, 2014, and ending on the date of the enactment of this Act, the Secretary of Health and Human Services shall implement a method to provide eligible hospitals (as defined in section 1886(n)(6)(A) of the Social Security Act (42 U.S.C. 1395ww(n)(6)(A))) a reimbursement equal to the amount by which—
 (i)the amount of reimbursement made under section 1886 of such Act (42 U.S.C. 1395ww), before application of this subsection, for such items and services furnished during such period by such hospitals; is less than
 (ii)the amount of reimbursement that would have been made under such section, after application of this subsection, for such items and services furnished by such hospitals during such period.
						(c)Critical access hospitals
 (1)In generalSection 1814(l) of the Social Security Act (42 U.S.C. 1395f(l)) is amended by striking paragraph (4).
				(2)Effective date; rebate
 (A)Effective dateThe amendment made by paragraph (1) shall apply with respect to items and services furnished during a reporting period beginning on or after October 1, 2014.
 (B)RebateWith respect to items and services furnished during the period beginning on the first day on which paragraph (1) applies, and ending on the date of the enactment of this Act, the Secretary of Health and Human Services shall implement a method to provide critical access hospitals a reimbursement equal to the amount by which—
 (i)the amount of reimbursement made under section 1814 of the Social Security Act (42 U.S.C. 1395f), before application of this subsection, for such items and services furnished during such period by such hospitals; is less than
 (ii)the amount of reimbursement that would have been made under such section, after application of this subsection, for such items and services furnished by such hospitals during such period.
						(d)Medicare Advantage
 (1)In generalSection 1853 of the Social Security Act (42 U.S.C. 1395w–23) is amended— (A)in subsection (l)—
 (i)in paragraph (1)— (I)by striking paragraphs (3) and (4) and inserting paragraph (3);
 (II)by striking sections 1848(o) and 1848(a)(7) and inserting section 1848(o); and (III)by striking and payment adjustments under paragraph (4) shall apply to; and
 (ii)by striking paragraph (4); and (B)in subsection (m)—
 (i)in paragraph (1)— (I)by striking paragraphs (3) and (4) and inserting paragraph (3);
 (II)by striking sections 1886(n) and 1886(b)(3)(B)(ix) and inserting section 1886(n); and (III)by striking and payment adjustments under paragraph (4) shall apply to; and
 (ii)by striking paragraph (4). (2)Effective date; rebate (A)Effective dateThe amendments made by paragraph (1) shall apply with respect to items and services furnished during an applicable period beginning on or after October 1, 2014.
 (B)RebateWith respect to items and services furnished during the period beginning on the first day on which paragraph (1) applies, and ending on the date of the enactment of this Act, the Secretary of Health and Human Services shall implement a method to provide MA organizations a reimbursement equal to the amount by which—
 (i)the payment amount payable under section 1853 of the Social Security Act (42 U.S.C. 1395w–23) for such organization, before application of this subsection, for such items and services furnished during such period; is less than
 (ii)the payment amount that would have been payable under such section for such organization, after application of this subsection, for such items and services furnished during such period.


113 S1859 PCS:
U.S. Senate
2013-12-20
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

IICalendar No. 287113th CONGRESS1st SessionS. 1859IN THE SENATE OF THE UNITED STATESDecember 19, 2013Mr. Reid introduced the following billDecember 20 (legislative day, December 19), 2013 Read the first timeDecember 20, 2013Read the second time and placed on the calendarA BILLTo amend the Internal Revenue Code of 1986 to extend certain expiring provisions, and for other purposes.1.Short title, etc(a)Short titleThis Act may be cited as the Tax Extenders Act of 2013.(b)Amendment of 1986 CodeExcept as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1986.(c)Table of contentsThe table of contents for this Act is as follows:Sec. 1. Short title, etc.TITLE I—Individual tax extendersSubtitle A—Extensions relating to certain health coverageSec. 101. Health care tax credit.Sec. 102. TAA pre-certification rule for purposes of determining whether there is a 63-day lapse in creditable coverage.Sec. 103. Extension of COBRA benefits for certain TAA-eligible individuals and PBGC recipients.Subtitle B—General extensionsSec. 111. Extension of deduction for certain expenses of elementary and secondary school teachers.Sec. 112. Extension of exclusion from gross income of discharge of qualified principal residence indebtedness.Sec. 113. Extension of parity for exclusion from income for employer-provided mass transit and parking benefits.Sec. 114. Extension of mortgage insurance premiums treated as qualified residence interest.Sec. 115. Extension of deduction of State and local general sales taxes.Sec. 116. Extension of special rule for contributions of capital gain real property made for conservation purposes.Sec. 117. Extension of above-the-line deduction for qualified tuition and related expenses.Sec. 118. Extension of tax-free distributions from individual retirement plans for charitable purposes.TITLE II—Business tax extendersSec. 201. Extension of research credit.Sec. 202. Extension of temporary minimum low-income tax credit rate for non-federally subsidized new buildings.Sec. 203. Extension of housing allowance exclusion for determining area median gross income for qualified residential rental project exempt facility bonds.Sec. 204. Extension of Indian employment tax credit.Sec. 205. Extension of new markets tax credit.Sec. 206. Extension of railroad track maintenance credit.Sec. 207. Extension of mine rescue team training credit.Sec. 208. Extension of employer wage credit for employees who are active duty members of the uniformed services.Sec. 209. Extension of work opportunity tax credit.Sec. 210. Extension of qualified zone academy bonds.Sec. 211. Extension of classification of certain race horses as 3-year property.Sec. 212. Extension of 15-year straight-line cost recovery for qualified leasehold improvements, qualified restaurant buildings and improvements, and qualified retail improvements.Sec. 213. Extension of 7-year recovery period for motorsports entertainment complexes.Sec. 214. Extension of accelerated depreciation for business property on an Indian reservation.Sec. 215. Extension of bonus depreciation.Sec. 216. Extension of enhanced charitable deduction for contributions of food inventory.Sec. 217. Extension of increased expensing limitations and treatment of certain real property as section 179 property.Sec. 218. Extension of election to expense mine safety equipment.Sec. 219. Extension of special expensing rules for certain film and television productions.Sec. 220. Extension of deduction allowable with respect to income attributable to domestic production activities in Puerto Rico.Sec. 221. Extension of modification of tax treatment of certain payments to controlling exempt organizations.Sec. 222. Extension of treatment of certain dividends of regulated investment companies.Sec. 223. Extension of RIC qualified investment entity treatment under FIRPTA.Sec. 224. Extension of subpart F exception for active financing income.Sec. 225. Extension of look-thru treatment of payments between related controlled foreign corporations under foreign personal holding company rules.Sec. 226. Extension of temporary exclusion of 100 percent of gain on certain small business stock.Sec. 227. Extension of basis adjustment to stock of S corporations making charitable contributions of property.Sec. 228. Extension of reduction in S-corporation recognition period for built-in gains tax.Sec. 229. Extension of empowerment zone tax incentives.Sec. 230. Extension of temporary increase in limit on cover over of rum excise taxes to Puerto Rico and the Virgin Islands.Sec. 231. Extension of American Samoa economic development credit.TITLE III—Energy tax extendersSec. 301. Extension of credit for energy-efficient existing homes.Sec. 302. Extension of credit for alternative fuel vehicle refueling property.Sec. 303. Extension of credit for 2- or 3-wheeled plug-in electric vehicles.Sec. 304. Extension of second generation biofuel producer credit.Sec. 305. Extension of incentives for biodiesel and renewable diesel.Sec. 306. Extension of production credit for Indian coal facilities placed in service before 2009.Sec. 307. Extension of credits with respect to facilities producing energy from certain renewable resources.Sec. 308. Extension of credit for energy-efficient new homes.Sec. 309. Extension of credits for energy-efficient appliances.Sec. 310. Extension of special allowance for second generation biofuel plant property.Sec. 311. Extension of placed in service date for election to expense certain refineries.Sec. 312. Extension of energy efficient commercial buildings deduction.Sec. 313. Extension of special rule for sales or dispositions to implement FERC or State electric restructuring policy for qualified electric utilities.Sec. 314. Extension of alternative fuels excise tax credits.Sec. 315. Extension of alternative fuels excise tax credits relating to liquefied hydrogen.IIndividual tax extendersAExtensions relating to certain health coverage101.Health care tax credit(a)In generalSubparagraph (B) of section 35(b)(1) is amended by striking January 1, 2014 and inserting January 1, 2015.(b)Effective dateThe amendment made by this section shall apply to coverage months beginning after December 31, 2013.102.TAA pre-certification rule for purposes of determining whether there is a 63-day lapse in creditable coverage(a)In generalThe following provisions are each amended by striking January 1, 2014 and inserting January 1, 2015:(1)Section 9801(c)(2)(D).(2)Section 701(c)(2)(C) of the Employee Retirement Income Security Act of 1974.(3)Section 2701(c)(2)(C) of the Public Health Service Act (as in effect for plan years beginning before January 1, 2014).(4)Section 2704(c)(2)(C) of the Public Health Service Act (as in effect for plan years beginning on or after January  1, 2014).(b)Effective dateThe amendments made by this section shall apply to plan years beginning after December 31, 2013.103.Extension of COBRA benefits for certain TAA-eligible individuals and PBGC recipients(a)In generalThe following provisions are each amended by striking January 1, 2014 and inserting January 1, 2015:(1)Section 4980B(f)(2)(B)(i)(V).(2)Section 4980B(f)(2)(B)(i)(VI).(3)Section 602(2)(A)(v) of the Employee Retirement Income Security Act of 1974.(4)Section 602(2)(A)(vi) of such Act.(5)Section 2202(2)(A)(iv) of the Public Health Service Act.(b)Effective dateThe amendments made by this section shall apply to periods of coverage which would (without regard to the amendments made by this section) end on or after December 31, 2013.BGeneral extensions111.Extension of deduction for certain expenses of elementary and secondary school teachers(a)In generalSubparagraph (D) of section 62(a)(2) is amended by striking or 2013 and inserting 2013, or 2014.(b)Effective dateThe amendment made by this section shall apply to taxable years beginning after December 31, 2013.112.Extension of exclusion from gross income of discharge of qualified principal residence indebtedness(a)In generalSubparagraph (E) of section 108(a)(1) is amended by striking January 1, 2014 and inserting January 1, 2015.(b)Effective dateThe amendment made by this section shall apply to indebtedness discharged after December 31, 2013.113.Extension of parity for exclusion from income for employer-provided mass transit and parking benefits(a)In generalParagraph (2) of section 132(f) is amended by striking January 1, 2014 and inserting January 1, 2015.(b)Effective dateThe amendment made by this section shall apply to months after December 31, 2013.114.Extension of mortgage insurance premiums treated as qualified residence interest(a)In generalSubclause (I) of section 163(h)(3)(E)(iv) is amended by striking December 31, 2013 and inserting December 31, 2014.(b)Effective dateThe amendments made by this section shall apply to amounts paid or accrued after December 31, 2013.115.Extension of deduction of State and local general sales taxes(a)In generalSubparagraph (I) of section 164(b)(5) is amended by striking January 1, 2014 and inserting January 1, 2015.(b)Effective dateThe amendment made by this section shall apply to taxable years beginning after December 31, 2013.116.Extension of special rule for contributions of capital gain real property made for conservation purposes(a)In generalClause (vi) of section 170(b)(1)(E) is amended by striking December 31, 2013 and inserting December 31, 2014.(b)Contributions by certain corporate farmers and ranchersClause (iii) of section 170(b)(2)(B) is amended by striking December 31, 2013 and inserting December 31, 2014.(c)Effective dateThe amendments made by this section shall apply to contributions made in taxable years beginning after December 31, 2013.117.Extension of above-the-line deduction for qualified tuition and related expenses(a)In generalSubsection (e) of section 222 is amended by striking December 31, 2013 and inserting December 31, 2014.(b)Effective dateThe amendment made by this section shall apply to taxable years beginning after December 31, 2013.118.Extension of tax-free distributions from individual retirement plans for charitable purposes(a)In generalSubparagraph (F) of section 408(d)(8) is amended by striking December 31, 2013 and inserting December 31, 2014.(b)Effective dateThe amendment made by this section shall apply to distributions made in taxable years beginning after December 31, 2013.IIBusiness tax extenders201.Extension of research credit(a)In generalSubparagraph (B) of section 41(h)(1) is amended by striking December 31, 2013 and inserting December 31, 2014.(b)Conforming amendmentSubparagraph (D) of section 45C(b)(1) is amended by striking December 31, 2013 and inserting December 31, 2014.(c)Effective dateThe amendments made by this section shall apply to amounts paid or incurred after December 31, 2013.202.Extension of temporary minimum low-income tax credit rate for non-federally subsidized new buildings(a)In generalSubparagraph (A) of section 42(b)(2) is amended by striking before January 1, 2014 and inserting before January 1, 2015.(b)Effective dateThe amendment made by this section shall take effect on January 1, 2014.203.Extension of housing allowance exclusion for determining area median gross income for qualified residential rental project exempt facility bonds(a)In generalSubsection (b) of section 3005 of the Housing Assistance Tax Act of 2008 is amended by striking January 1, 2014 each place it appears and inserting January 1, 2015.(b)Effective dateThe amendment made by this section shall take effect as if included in the enactment of section 3005 of the Housing Assistance Tax Act of 2008.204.Extension of Indian employment tax credit(a)In generalSubsection (f) of section 45A is amended by striking December 31, 2013 and inserting December 31, 2014.(b)Effective dateThe amendment made by this section shall apply to taxable years beginning after December 31, 2013.205.Extension of new markets tax credit(a)In generalSubparagraph (G) of section 45D(f)(1) is amended by striking and 2013 and inserting 2013, and 2014.(b)Carryover of unused limitationParagraph (3) of section 45D(f) is amended by striking 2018 and inserting 2019.(c)Effective dateThe amendments made by this section shall apply to calendar years beginning after December 31, 2013.206.Extension of railroad track maintenance credit(a)In generalSubsection (f) of section 45G is amended by striking January 1, 2014 and inserting January 1, 2015.(b)Effective dateThe amendment made by this section shall apply to expenditures paid or incurred in taxable years beginning after December 31, 2013.207.Extension of mine rescue team training credit(a)In generalSubsection (e) of section 45N is amended by striking December 31, 2013 and inserting December 31, 2014.(b)Effective dateThe amendment made by this section shall apply to taxable years beginning after December 31, 2013.208.Extension of employer wage credit for employees who are active duty members of the uniformed services(a)In generalSubsection (f) of section 45P is amended by striking December 31, 2013 and inserting December 31, 2014.(b)Effective dateThe amendment made by this section shall apply to payments made after December 31, 2013.209.Extension of work opportunity tax credit(a)In generalSubparagraph (B) of section 51(c)(4) is amended by striking December 31, 2013 and inserting December 31, 2014.(b)Effective dateThe amendment made by this section shall apply to individuals who begin work for the employer after December 31, 2013.210.Extension of qualified zone academy bonds(a)Extension(1)In generalParagraph (1) of section 54E(c) is amended by striking and 2013 and inserting 2013, and 2014.(2)Effective dateThe amendment made by this subsection shall apply to obligations issued after December 31, 2013.(b)Technical correction and conforming amendment(1)In generalClause (iii) of section 6431(f)(3)(A) is amended—(A)by striking 2011 and inserting years after 2010, and(B)by striking of such allocation and inserting of any such allocation.(2)Effective dateThe amendments made by this subsection shall take effect as if included in section 310 of the American Taxpayer Relief Act of 2012.211.Extension of classification of certain race horses as 3-year property(a)In generalClause (i) of section 168(e)(3)(A) is amended—(1)by striking January 1, 2014 in subclause (I) and inserting January 1, 2015, and(2)by striking December 31, 2013 in subclause (II) and inserting December 31, 2014.(b)Effective dateThe amendments made by this section shall apply to property placed in service after December 31, 2013.212.Extension of 15-year straight-line cost recovery for qualified leasehold improvements, qualified restaurant buildings and improvements, and qualified retail improvements(a)In generalClauses (iv), (v), and (ix) of section 168(e)(3)(E) are each amended by striking January 1, 2014 and inserting January 1, 2015.(b)Effective dateThe amendments made by this section shall apply to property placed in service after December 31, 2013.213.Extension of 7-year recovery period for motorsports entertainment complexes(a)In generalSubparagraph (D) of section 168(i)(15) is amended by striking December 31, 2013 and inserting December 31, 2014.(b)Effective dateThe amendment made by this section shall apply to property placed in service after December 31, 2013.214.Extension of accelerated depreciation for business property on an Indian reservation(a)In generalParagraph (8) of section 168(j) is amended by striking December 31, 2013 and inserting December 31, 2014.(b)Effective dateThe amendment made by this section shall apply to property placed in service after December 31, 2013.215.Extension of bonus depreciation(a)In generalParagraph (2) of section 168(k) is amended—(1)by striking January 1, 2015 in subparagraph (A)(iv) and inserting January 1, 2016, and(2)by striking January 1, 2014 each place it appears and inserting January 1, 2015.(b)Special rule for Federal long-Term contractsClause (ii) of section 460(c)(6)(B) is amended by striking January 1, 2014 (January 1, 2015 and inserting January 1, 2015 (January 1, 2016.(c)Extension of election To accelerate the AMT credit in lieu of bonus depreciation(1)In generalSubclause (II) of section 168(k)(4)(D)(iii) is amended by striking 2014 and inserting 2015.(2)Round 4
			 extension propertyParagraph (4) of section 168(k) is amended by
			 adding at the end the following new subparagraph:(K)Special rules
				for round 4 extension property(i)In
				generalIn the case of round 4 extension property, this paragraph
				shall be applied without regard to—(I)the limitation
				described in subparagraph (B)(i) thereof, and(II)the business
				credit increase amount under subparagraph (E)(iii) thereof.(ii)Taxpayers
				previously electing accelerationIn the case of a taxpayer who
				made the election under subparagraph (A) for its first taxable year ending
				after March 31, 2008, a taxpayer who made the election under subparagraph
				(H)(ii) for its first taxable year ending after December 31, 2008, a
				taxpayer who made the election under subparagraph (I)(iii) for its first
				taxable year ending after December 31, 2010, or a taxpayer who made the election under subparagraph (J)(iii) for its first taxable year ending after December 31, 2012—(I)the taxpayer may
				elect not to have this paragraph apply to round 4 extension property,
				but(II)if the taxpayer
				does not make the election under subclause (I), in applying this paragraph to
				the taxpayer the bonus depreciation amount, maximum amount, and maximum
				increase amount shall be computed and applied to eligible qualified property
				which is round 4 extension property.The amounts described in subclause (II)
				shall be computed separately from any amounts computed with respect to eligible
				qualified property which is not round 4 extension property.(iii)Taxpayers not
				previously electing accelerationIn the case of a taxpayer who
				neither made the election under subparagraph (A) for its first taxable year
				ending after March 31, 2008, nor made the election under subparagraph (H)(ii)
				for its first taxable year ending after December 31, 2008, nor made the
				election under subparagraph (I)(iii) for its first taxable year ending after
				December 31, 2010, nor made the election under subparagraph (J)(iii) for its first taxable year ending after December 31, 2012—(I)the taxpayer may
				elect to have this paragraph apply to its first taxable year ending after
				December 31, 2013, and each subsequent taxable year, and(II)if the taxpayer
				makes the election under subclause (I), this paragraph shall only apply to
				eligible qualified property which is round 4 extension property.(iv)Round 4
				extension propertyFor purposes of this subparagraph, the term
				round 4 extension property means property which is eligible
				qualified property solely by reason of the extension of the application of the
				special allowance under paragraph (1) pursuant to the amendments made by
				section 215(a) of the Tax Extenders Act of 2013 (and the application of such extension to this paragraph
				pursuant to the amendment made by section 215(c) of such
				Act)..(d)Conforming amendments(1)The heading for subsection (k) of section 168 is amended by striking January 1, 2014 and inserting January 1, 2015.(2)The heading for clause (ii) of section 168(k)(2)(B) is amended by striking pre-January 1, 2014 and inserting pre-January 1, 2015.(3)Subparagraph (C) of section 168(n)(2) is amended by striking January 1, 2014 and inserting January 1, 2015.(4)Subparagraph (D) of section 1400L(b)(2) is amended by striking January 1, 2014 and inserting January 1, 2015.(5)Subparagraph (B) of section 1400N(d)(3) is amended by striking January 1, 2014 and inserting January 1, 2015.(e)Effective dateThe amendments made by this section shall apply to property placed in service after December 31, 2013, in taxable years ending after such date.216.Extension of enhanced charitable deduction for contributions of food inventory(a)In generalClause (iv) of section 170(e)(3)(C) is amended by striking December 31, 2013 and inserting December 31, 2014.(b)Effective dateThe amendment made by this section shall apply to contributions made after December 31, 2013.217.Extension of increased expensing limitations and treatment of certain real property as section 179 property(a)In general(1)Dollar limitationSection 179(b)(1) is amended—(A)by striking or 2013 in subparagraph (B) and inserting 2013, or 2014, and(B)by striking 2013 in subparagraph (C) and inserting 2014.(2)Reduction in limitationSection 179(b)(2) is amended—(A)by striking or 2013 in subparagraph (B) and inserting 2013, or 2014, and(B)by striking 2013 in subparagraph (C) and inserting 2014.(b)Computer softwareSection 179(d)(1)(A)(ii) is amended by striking 2014 and inserting 2015.(c)ElectionSection 179(c)(2) is amended by striking 2014 and inserting 2015.(d)Special rules for treatment of qualified real property(1)In generalSection 179(f)(1) is amended by striking or 2013 and inserting 2013, or 2014.(2)Carryover limitation(A)In generalSection 179(f)(4) is amended by striking 2013 each place it appears and inserting 2014.(B)Conforming amendmentThe heading of subparagraph (C) of section 179(f)(4) is amended by striking 2011 and 2012 and inserting 2011, 2012, and 2013.(e)Effective dateThe amendments made by this section shall apply to taxable years beginning after December 31, 2013.218.Extension of election to expense mine safety equipment(a)In generalSubsection (g) of section 179E is amended by striking December 31, 2013 and inserting December 31, 2014.(b)Effective dateThe amendment made by this section shall apply to property placed in service after December 31, 2013.219.Extension of special expensing rules for certain film and television productions(a)In generalSubsection (f) of section 181 is amended by striking December 31, 2013 and inserting December 31, 2014.(b)Effective dateThe amendment made by this section shall apply to productions commencing after December 31, 2013.220.Extension of deduction allowable with respect to income attributable to domestic production activities in Puerto Rico(a)In generalSubparagraph (C) of section 199(d)(8) is amended—(1)by striking first 8 taxable years and inserting first 9 taxable years, and(2)by striking January 1, 2014 and inserting January 1, 2015.(b)Effective dateThe amendments made by this section shall apply to taxable years beginning after December 31, 2013.221.Extension of modification of tax treatment of certain payments to controlling exempt organizations(a)In generalClause (iv) of section 512(b)(13)(E) is amended by striking December 31, 2013 and inserting December 31, 2014.(b)Effective dateThe amendment made by this section shall apply to payments received or accrued after December 31, 2013.222.Extension of treatment of certain dividends of regulated investment companies(a)In generalParagraphs (1)(C)(v) and (2)(C)(v) of section 871(k) are each amended by striking December 31, 2013 and inserting December 31, 2014.(b)Effective dateThe amendments made by this section shall apply to taxable years beginning after December 31, 2013.223.Extension of RIC qualified investment entity treatment under FIRPTA(a)In generalClause (ii) of section 897(h)(4)(A) is amended by striking December 31, 2013 and inserting December 31, 2014.(b)Effective dateThe amendment made by this section shall take effect on January 1, 2014.224.Extension of subpart F exception for active financing income(a)Exempt insurance incomeParagraph (10) of section 953(e) is amended—(1)by striking January 1, 2014 and inserting January 1, 2015, and(2)by striking December 31, 2013 and inserting December 31, 2014.(b)Special rule for income derived in the active conduct of banking, financing, or similar businessesParagraph (9) of section 954(h) is amended by striking January 1, 2014 and inserting January 1, 2015.(c)Effective dateThe amendments made by this section shall apply to taxable years of foreign corporations beginning after December 31, 2013, and to taxable years of United States shareholders with or within which any such taxable year of such foreign corporation ends.225.Extension of look-thru treatment of payments between related controlled foreign corporations under foreign personal holding company rules(a)In generalSubparagraph (C) of section 954(c)(6) is amended by striking January 1, 2014 and inserting January 1, 2015.(b)Effective dateThe amendment made by this section shall apply to taxable years of foreign corporations beginning after December 31, 2013, and to taxable years of United States shareholders with or within which such taxable years of foreign corporations end.226.Extension of temporary exclusion of 100 percent of gain on certain small business stock(a)In generalParagraph (4) of section 1202(a) is amended—(1)by striking January 1, 2014 and inserting January 1, 2015, and(2)by striking and 2013 in the heading and inserting 2013, and 2014.(b)Effective dateThe amendments made by this section shall apply to stock acquired after December 31, 2013.227.Extension of basis adjustment to stock of S corporations making charitable contributions of property(a)In generalParagraph (2) of section 1367(a) is amended by striking December 31, 2013 and inserting December 31, 2014.(b)Effective dateThe amendment made by this section shall apply to contributions made in taxable years beginning after December 31, 2013.228.Extension of reduction in S-corporation recognition period for built-in gains tax(a)In generalSubparagraph (C) of section 1374(d)(7) is amended—(1)by striking 2012 or 2013 and inserting 2012, 2013, or 2014, and(2)by striking 2012 and 2013 in the heading and inserting 2012, 2013, and 2014.(b)Effective dateThe amendments made by this section shall apply to taxable years beginning after December 31, 2013.229.Extension of empowerment zone tax incentives(a)In generalClause (i) of section 1391(d)(1)(A) is amended by striking December 31, 2013 and inserting December 31, 2014.(b)Treatment of certain termination dates specified in nominationsIn the case of a designation of an empowerment zone the nomination for which included a termination date which is contemporaneous with the date specified in subparagraph (A)(i) of section 1391(d)(1) of the Internal Revenue Code of 1986 (as in effect before the enactment of this Act), subparagraph (B) of such section shall not apply with respect to such designation if, after the date of the enactment of this section, the entity which made such nomination amends the nomination to provide for a new termination date in such manner as the Secretary of the Treasury (or the Secretary’s designee) may provide.(c)Effective dateThe amendment made by this section shall apply to periods after December 31, 2013.230.Extension of temporary increase in limit on cover over of rum excise taxes to Puerto Rico and the Virgin Islands(a)In generalParagraph (1) of section 7652(f) is amended by striking January 1, 2014 and inserting January 1, 2015.(b)Effective dateThe amendment made by this section shall apply to distilled spirits brought into the United States after December 31, 2013.231.Extension of American Samoa economic development credit(a)In generalSubsection (d) of section 119 of division A of the Tax Relief and Health Care Act of 2006 is amended—(1)by striking January 1, 2014 each place it appears and inserting January 1, 2015,(2)by striking first 8 taxable years in paragraph (1) and inserting first 9 taxable years, and(3)by striking first 2 taxable years in paragraph (2) and inserting first 3 taxable years.(b)Effective dateThe amendments made by this section shall apply to taxable years beginning after December 31, 2013.IIIEnergy tax extenders301.Extension of credit for energy-efficient existing homes(a)In generalParagraph (2) of section 25C(g) is amended by striking December 31, 2013 and inserting December 31, 2014.(b)Effective dateThe amendment made by this section shall apply to property placed in service after December 31, 2013.302.Extension of credit for alternative fuel vehicle refueling property(a)In generalSubsection (g) of section 30C is amended by striking placed in service and all that follows and inserting placed in service after December 31, 2014..(b)Effective dateThe amendment made by this section shall apply to property placed in service after December 31, 2013.303.Extension of credit for 2- or 3-wheeled plug-in electric vehicles(a)In generalSubparagraph (E) of section 30D(g)(3) is amended by striking January 1, 2014 and inserting January 1, 2015.(b)Effective dateThe amendments made by this section shall apply to vehicles acquired after December 31, 2013.304.Extension of second generation biofuel producer credit(a)In generalClause (i) of section 40(b)(6)(J) is amended by striking January 1, 2014 and inserting January 1, 2015.(b)Effective dateThe amendment made by this subsection shall apply to fuel sold or used after December 31, 2013.305.Extension of incentives for biodiesel and renewable diesel(a)Credits for biodiesel and renewable diesel used as fuelSubsection (g) of section 40A is amended by striking December 31, 2013 and inserting December 31, 2014.(b)Excise tax credits and outlay payments for biodiesel and renewable diesel fuel mixtures(1)Paragraph (6) of section 6426(c) is amended by striking December 31, 2013 and inserting December 31, 2014.(2)Subparagraph (B) of section 6427(e)(6) is amended by striking December 31, 2013 and inserting December 31, 2014.(c)Effective dateThe amendments made by this section shall apply to fuel sold or used after December 31, 2013.306.Extension of production credit for Indian coal facilities placed in service before 2009(a)In generalSubparagraph (A) of section 45(e)(10) is amended by striking 8-year period each place it appears and inserting 9-year period.(b)Effective dateThe amendment made by this section shall apply to coal produced after December 31, 2013.307.Extension of credits with respect to facilities producing energy from certain renewable resources(a)In generalThe following provisions of section 45(d) are each amended by striking January 1, 2014 each place it appears and inserting January 1, 2015:(1)Paragraph (1).(2)Paragraph (2)(A).(3)Paragraph (3)(A).(4)Paragraph (4)(B).(5)Paragraph (6).(6)Paragraph (7).(7)Paragraph (9).(8)Paragraph (11)(B).(b)Extension of election to treat qualified facilities as energy propertyClause (ii) of section 48(a)(5)(C) is amended by striking January 1, 2014 and inserting January 1, 2015.(c)Effective datesThe amendments made by this section shall take effect on January 1, 2014.308.Extension of credit for energy-efficient new homes(a)In generalSubsection (g) of section 45L is amended by striking December 31, 2013 and inserting December 31, 2014.(b)Effective dateThe amendments made by this section shall apply to homes acquired after December 31, 2013.309.Extension of credits for energy-efficient appliances(a)In generalSubsection (b) of section 45M is amended by striking or 2013 each place it appears in paragraphs (1)(E), (2)(F), and (3)(F) and inserting 2013, or 2014.(b)Effective dateThe amendments made by this section shall apply to appliances produced after December 31, 2013.310.Extension of special allowance for second generation biofuel plant property(a)In generalSubparagraph (D) of section 168(l)(2) is amended by striking January 1, 2014 and inserting January 1, 2015.(b)Effective dateThe amendment made by this section shall apply to property placed in service after December 31, 2013.311.Extension of placed in service date for election to expense certain refineries(a)In generalSubparagraph (B) of section 179C(c)(1) is amended by striking January 1, 2014 and inserting January 1, 2015.(b)Effective dateThe amendment made by this section shall apply to property placed in service after December 31, 2013.312.Extension of energy efficient commercial buildings deduction(a)In generalSubsection (h) of section 179D is amended by striking December 31, 2013 and inserting December 31, 2014.(b)Effective dateThe amendment made by this section shall apply to property placed in service after December 31, 2013.313.Extension of special rule for sales or dispositions to implement FERC or State electric restructuring policy for qualified electric utilities(a)In generalParagraph (3) of section 451(i) is amended by striking January 1, 2014 and inserting January 1, 2015.(b)Effective dateThe amendment made by this section shall apply to dispositions after December 31, 2013.314.Extension of alternative fuels excise tax credits(a)In generalSections 6426(d)(5) and  6426(e)(3) are each amended by striking December 31, 2013 and inserting December 31, 2014.(b)Outlay payments for alternative fuelsSubparagraph (C) of section 6427(e)(6) is amended by striking December 31, 2013 and inserting December 31, 2014.(c)Effective dateThe amendments made by this section shall apply to fuel sold or used after December 31, 2013.315.Extension of alternative fuels excise tax credits relating to liquefied hydrogen(a)In generalSections 6426(d)(5) and 6426(e)(3), as amended by this Act, are each amended by striking 2014 (September 30, 2014 in the case of any sale or use involving liquefied hydrogen) and inserting 2014.(b)Outlay payments for alternative fuelsParagraph (6) of section 6427(e) is amended—(1)by striking except as provided in subparagraph (D), any in subparagraph (C), as amended by this Act, and inserting any, and(2)by striking subparagraph (D) and redesignating subparagraph (E) as subparagraph (D).(c)Effective dateThe amendments made by this section shall apply to fuels sold or used after September 30, 2014.December 20, 2013Read the second time and placed on the calendar


110 HR 1996 IH: Preservation of Federalism in Banking

U.S. House of Representatives
2007-04-23
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		110th CONGRESS
		1st Session
		H. R. 1996
		IN THE HOUSE OF REPRESENTATIVES

			April 23, 2007
			Mr. Gutierrez (for
			 himself, Mr. Paul,
			 Ms. Carson,
			 Mr. Clay, and
			 Ms. Lee) introduced the following
			 bill; which was referred to the Committee
			 on Financial Services

		A BILL
		To clarify the applicability of State law to national
		  banks and Federal savings associations, and for other
		  purposes.

		1.Short titleThis Act may be cited as the
			 Preservation of Federalism in Banking
			 Act.
		INational
			 banks
			101.State law
			 preemption standards for national banks clarified
				(a)In
			 generalChapter One of title LXII of the Revised Statutes of the
			 United States (12 U.S.C. 21 et seq.) is amended by inserting after section
			 5136B the following new section:

						5136C.State law
				preemption standards for national banks and subsidiaries clarified
							(a)State consumer
				laws of general application
								(1)In
				generalNotwithstanding any
				other provision of Federal law, any consumer protection in State consumer law
				of general application (including any law relating to unfair or deceptive acts
				or practices, any consumer fraud law and repossession, foreclosure, and
				collection) shall apply to any national bank.
								(2)National bank
				definedFor purposes of this
				section, the term national bank includes any Federal branch
				established in accordance with the International Banking Act of 1978.
								(b)State laws
				related to laws used by national banks for their benefitWhen a
				national bank avails itself of a State law for its benefit, all related
				consumer protections in State law shall apply.
							(c)State banking
				laws enacted pursuant to Federal law
								(1)In
				generalNotwithstanding any
				other provision of Federal law and except as provided in paragraph (2), any
				State law that—
									(A)is applicable to State banks; and
									(B)was enacted
				pursuant to or in accordance with, and is not inconsistent with, an Act of
				Congress, including the Gramm-Leach-Bliley Act, the Consumer Credit Protection
				Act, and the Real Estate Settlement Procedures Act, that explicitly or by
				implication, permits States to exceed or supplement the requirements of any
				comparable Federal law,
									shall
				apply to any national bank.(2)ExceptionsParagraph
				(1) shall not apply with respect to any State law if—
									(A)the State law discriminates against
				national banks; or
									(B)State law is
				inconsistent with provisions of Federal law other than this title LXII, but
				only to the extent of the inconsistency (as determined in accordance with the
				provision of the other Federal Law).
									(d)State laws
				protecting against predatory mortgage loansTo the extent not otherwise addressed in
				this section, State laws providing greater protection in high cost mortgage
				loans, however denominated, both in coverage and content, than is provided
				under the Truth in Lending Act (including the provisions amended by the Home
				Ownership and Equity Protection Act of 1994) shall apply to any national
				bank.
							(e)Comparable
				Federal regulation requiredIn relation to the regulation of consumer
				credit and deposit transactions, the Comptroller may preempt State law pursuant
				to this title only when there is a comparable Federal statute, or regulations
				pursuant to a Federal statute other than this title, expressly governing the
				activity, except in relation to interest pursuant to section 5197.
							(f)No negative
				implications for applicability of other state lawsNo
				provision of this section shall be construed as altering or affecting the
				applicability, to national banks, of any State law which is not described in
				this section.
							(g)Effect of
				transfer of transactionA transaction that is not entitled to
				preemption at the time of the origination of the transaction does not become
				entitled to preemption under this title by virtue of its subsequent acquisition
				by a national bank.
							(h)Denial of
				preemption not a deprivation of a civil rightThe preemption of any provision of the law
				of any State with respect to any national bank shall not be treated as a right,
				privilege, or immunity for purposes of section 1979 of the Revised Statutes of
				the United States (42 U.S.C. 1983).
							(i)DefinitionFor
				purposes of this section, the terms includes and
				including have the same meaning as in section 3(t) of the Federal
				Deposit Insurance
				Act.
							.
				(b)Clerical
			 amendmentThe table of sections for chapter One of title LXII of
			 the Revised Statutes of the United States is amended by inserting after the
			 item relating to section 5136B the following new item:

							5136C. State law preemption standards for
				national banks and subsidiaries
				clarified.

						.
				102.Visitorial
			 standardsSection 5136C of the
			 Revised Statutes of the United States (as added by
			 section
			 101(a) of this Act) is amended by adding at the end the
			 following new subsections:

					(j)Visitorial
				powersNo provision of this
				title which relates to visitorial powers or otherwise limits or restricts the
				supervisory, examination, or regulatory authority to which any national bank is
				subject shall be construed as limiting or restricting the authority of any
				attorney general (or other chief law enforcement officer) of any State to bring
				any action in any court of appropriate jurisdiction—
						(1)to enforce any
				applicable Federal or State law, as authorized by such law; or
						(2)on behalf of
				residents of such State, to enforce any applicable provision of any Federal or
				State law against a national bank, as authorized by such law, or to seek relief
				and recover damages for such residents from any violation of any such law by
				any national bank.
						(k)Enforcement
				actionsThe ability of the
				Comptroller to bring an enforcement action under this title or section 5 of the
				Federal Trade Commission Act does not preclude private parties from enforcing
				rights granted under Federal or State law in the
				courts.
					.
			103.Clarification
			 of law applicable to State-chartered nondepository institution
			 subsidiariesSection 5136C of
			 the Revised Statutes of the United States (as added by
			 section 101(a) of this Act) is amended by
			 inserting after subsection (k) (as added by section 102) the following new
			 subsection:

					(l)Clarification of
				law applicable to nondepository institution subsidiaries and affiliates of
				national banks; definitions
						(1)In
				generalNo provision of this
				title shall be construed as preempting the applicability of State law to any
				State-chartered nondepository institution, subsidiary, other affiliate, or
				agent of a national bank.
						(2)DefinitionsFor
				purposes of this section, the following definitions shall apply:
							(A)Depository
				institution, subsidiary, affiliateThe terms depository
				institution, subsidiary, and affiliate have
				the same meanings as in section 3 of the Federal Deposit Insurance Act.
							(B)Nondepository
				institutionThe term nondepository institution means
				any entity that is not a depository
				institution.
							.
			104.Data collection
			 and reporting
				(a)Collecting and
			 monitoring consumer complaints
					(1)In
			 generalThe Comptroller of the Currency shall record and monitor
			 each complaint received directly or indirectly from a consumer regarding a
			 national bank or any subsidiary of a national bank and record the resolution of
			 the complaint.
					(2)Factors to be
			 includedIn carrying out the requirements of paragraph (1), the
			 Comptroller of the Currency shall include—
						(A)the date the
			 consumer complaint was received;
						(B)the nature of the
			 complaint;
						(C)when and how the
			 complaint was resolved, including a brief description of the extent, and the
			 results, of the investigation made by the Comptroller into the complaint, a
			 brief description of any notices given and inquiries made to any other Federal
			 or State officer or agency in the course of the investigation or resolution of
			 the complaint, a summary of the enforcement action taken upon completion of the
			 investigation, and a summary of the results of subsequent periodic reviews by
			 the Comptroller of the extent and nature of compliance by the national bank or
			 subsidiary with the enforcement action; and
						(D)if the complaint
			 involves any alleged violation of a State law (whether or not Federal law
			 preempts the application of such State law to such national bank) by such bank,
			 a cite to and a description of the State law that formed the basis of the
			 complaint.
						(b)Report to the
			 Congress
					(1)Periodic reports
			 requiredThe Comptroller of the Currency shall submit a report
			 semi-annually to the Congress on the consumer protection efforts of the Office
			 of the Comptroller of the Currency.
					(2)Contents of
			 reportEach report submitted under paragraph (1) shall include
			 the following:
						(A)The total number of
			 consumer complaints received by the Comptroller during the period covered by
			 the report with respect to alleged violations of consumer protection laws by
			 national banks and subsidiaries of national banks.
						(B)The total number
			 of consumer complaints received during the reporting period that are based on
			 each of the following:
							(i)Each
			 title of the Consumer Credit Protection Act (reported as a separate aggregate
			 number for each such title).
							(ii)The
			 Truth in Savings Act.
							(iii)The Right to
			 Financial Privacy Act of 1978.
							(iv)The
			 Expedited Funds Availability Act.
							(v)The
			 Community Reinvestment Act of 1977.
							(vi)The
			 Bank Protection Act of 1968.
							(vii)Title LXII of
			 the Revised Statutes of the United States.
							(viii)The Federal
			 Deposit Insurance Act.
							(ix)The
			 Real Estate Settlement Procedures Act of 1974.
							(x)The
			 Home Mortgage Disclosure Act of 1975.
							(xi)Any
			 other Federal law.
							(xii)State consumer
			 protection laws (reported as a separate aggregate number for each State and
			 each State consumer protection law).
							(xiii)Any other State law (reported separately
			 for each State and each State law).
							(C)A summary
			 description of the resolution efforts by the Comptroller for complaints
			 received during the period covered, including—
							(i)the
			 average amount of time to resolve each complaint;
							(ii)the
			 median period of time to resolve each complaint;
							(iii)the average and
			 median time to resolve complaints in each category of complaints described in
			 each clause of subparagraph (B); and
							(iv)a
			 summary description of the longest outstanding complaint during the reporting
			 period and the reason for the difficulty in resolving such complaint in a more
			 timely fashion.
							(3)Disclosure of
			 report on occ websiteEach
			 report submitted to the Congress under this subsection shall be posted, by the
			 Comptroller of the Currency, in a timely fashion and maintained on the website
			 of the Office of the Comptroller of the Currency on the World Wide Web.
					IISavings
			 associations
			201.State law
			 preemption standards for federal savings associations clarified
				(a)In
			 generalThe Home Owners' Loan Act (12 U.S.C. 1461 et seq.) is
			 amended by inserting after section 5 the following new section:

						6.State law
				preemption standards for federal savings associations and affiliates
				clarified
							(a)State consumer
				laws of general applicationNotwithstanding any other provision of
				Federal law, any consumer protection in State consumer law of general
				application (including any law relating to unfair or deceptive acts or
				practices, any consumer fraud law and repossession, foreclosure, and
				collection) shall apply to any Federal savings association.
							(b)State laws
				related to laws used by Federal savings associations for their
				benefitWhen a Federal
				savings association avails itself of a State law for its benefit, all related
				consumer protections in State law shall apply.
							(c)State banking or
				thrift laws enacted pursuant to Federal law
								(1)In
				generalNotwithstanding any other provision of Federal law and
				except as provided in paragraph (2), any State law that—
									(A)is applicable to
				State savings associations (as defined in section 3 of the Federal Deposit
				Insurance Act); and
									(B)was enacted pursuant to or in accordance
				with, and is not inconsistent with, an Act of Congress, including the
				Gramm-Leach-Bliley Act, the Consumer Credit Protection Act, and the Real Estate
				Settlement Procedures Act, that explicitly or by implication, permits States to
				exceed or supplement the requirements of any comparable Federal law,
									shall
				apply to any Federal savings association.(2)ExceptionsParagraph
				(1) shall not apply with respect to any State law if—
									(A)the State law
				discriminates against Federal savings associations; or
									(B)the State law is
				inconsistent with provisions of Federal law other than this Act, but only to
				the extent of the inconsistency (as determined in accordance with the provision
				of the other Federal law).
									(d)State laws
				protecting against predatory mortgage loansTo the extent not otherwise addressed in
				this section, State laws providing greater protection in high cost mortgage
				loans, however denominated, both in coverage and content, than is provided
				under the Truth in Lending Act (including the provisions amended by the Home
				Ownership and Equity Protection Act of 1994) shall apply to any Federal savings
				association.
							(e)Comparable
				Federal regulation requiredIn relation to the regulation of consumer
				credit and deposit transactions, the Director of the Office of Thrift
				Supervision may preempt State law pursuant to this Act only when there is a
				comparable Federal statute, or regulations pursuant to a Federal statute other
				than this Act, expressly governing the activity, except in relation to interest
				pursuant to section 4(g).
							(f)No negative
				implications for applicability of other state lawsNo
				provision of this section shall be construed as altering or affecting the
				applicability, to Federal savings associations, of any State law which is not
				described in this section.
							(g)Effect of
				transfer of transactionA
				transaction that is not entitled to preemption at the time of the origination
				of the transaction does not become entitled to preemption under this Act by
				virtue of its subsequent acquisition by a Federal savings association.
							(h)Denial of
				preemption not a deprivation of a civil rightThe preemption of any provision of the law
				of any State with respect to any Federal savings association shall not be
				treated as a right, privilege, or immunity for purposes of section 1979 of the
				Revised Statutes of the United States (42 U.S.C. 1983).
							(i)DefinitionFor
				purposes of this section, the terms includes and
				including have the same meaning as in section 3(t) of the Federal
				Deposit Insurance
				Act.
							.
				(b)Clerical
			 amendmentThe table of sections for the Home Owners' Loan Act (12
			 U.S.C. 1461 et seq.) is amended by striking the item relating to section 6 and
			 inserting the following new item:

							6. State law preemption standards for
				Federal savings associations and affiliates
				clarified.

						.
				202.Visitorial
			 standardsSection 6 of the
			 Home Owners' Loan Act (as added by section 201(a) of this title) is amended by
			 adding at the end the following new subsections:

					(j)Visitorial
				powersNo provision of this
				Act shall be construed as limiting or restricting the authority of any attorney
				general (or other chief law enforcement officer) of any State to bring any
				action in any court of appropriate jurisdiction—
						(1)to enforce any
				applicable Federal or State law, as authorized by such law; or
						(2)on behalf of
				residents of such State, to enforce any applicable provision of any Federal or
				State law against a Federal savings association, as authorized by such law, or
				to seek relief and recover damages for such residents from any violation of any
				such law by any Federal savings association.
						(k)Enforcement
				actionsThe ability of the
				Director of the Office of Thrift Supervision to bring an enforcement action
				under this Act or section 5 of the Federal Trade Commission Act does not
				preclude private parties from enforcing rights granted under Federal or State
				law in the
				courts.
					.
			203.Clarification
			 of law applicable to State-chartered nondepository institution
			 subsidiariesSection 6 of the
			 Home Owners' Loan Act (as added by
			 section 201(a) of this title) is amended by
			 inserting after subsection (k) (as added by section 202) the following new
			 subsection:

					(l)Clarification of
				law applicable to nondepository institution affiliates of Federal savings
				associations
						(1)In
				generalNo provision of this
				Act shall be construed as preempting the applicability of State law to any
				State-chartered nondepository institution, subsidiary, other affiliate, or
				agent of a Federal savings association.
						(2)DefinitionsFor
				purposes of this section, the following definitions shall apply:
							(A)Depository
				institution, subsidiary, affiliateThe terms depository
				institution, subsidiary, and affiliate have
				the same meanings as in section 3 of the Federal Deposit Insurance Act.
							(B)Nondepository
				institutionThe term nondepository institution means
				any entity that is not a depository
				institution.
							.
			204.Data collection
			 and reporting
				(a)Collecting and
			 monitoring consumer complaints
					(1)In
			 generalThe Director of the
			 Office of Thrift Supervision shall record and monitor each complaint received
			 directly or indirectly from a consumer regarding a Federal savings association
			 or any subsidiary of a Federal savings association and record the resolution of
			 the complaint.
					(2)Factors to be
			 includedIn carrying out the requirements of paragraph (1), the
			 Director of the Office of Thrift Supervision shall include—
						(A)the date the
			 consumer complaint was received;
						(B)the nature of the
			 complaint;
						(C)when and how the complaint was resolved,
			 including a brief description of the extent, and the results, of the
			 investigation made by the Director into the complaint, a brief description of
			 any notices given and inquiries made to any other Federal or State officer or
			 agency in the course of the investigation or resolution of the complaint, a
			 summary of the enforcement action taken upon completion of the investigation,
			 and a summary of the results of subsequent periodic reviews by the Comptroller
			 of the extent and nature of compliance by the Federal savings association or
			 subsidiary with the enforcement action; and
						(D)if the complaint involves any alleged
			 violation of a State law (whether or not Federal law preempts the application
			 of such State law to such Federal savings association) by such savings
			 association, a cite to and a description of the State law that formed the basis
			 of the complaint.
						(b)Report to the
			 Congress
					(1)Periodic reports
			 requiredThe Director of the Office of Thrift Supervision shall
			 submit a report semi-annually to the Congress on the consumer protection
			 efforts of the Office of Thrift Supervision.
					(2)Contents of
			 reportEach report submitted under paragraph (1) shall include
			 the following:
						(A)The total number of consumer complaints
			 received by the Director during the period covered by the report with respect
			 to alleged violations of consumer protection laws by Federal savings
			 associations and subsidiaries of Federal savings associations.
						(B)The total number
			 of consumer complaints received during the reporting period that are based on
			 each of the following:
							(i)Each
			 title of the Consumer Credit Protection Act (reported as a separate aggregate
			 number for each such title).
							(ii)The
			 Truth in Savings Act.
							(iii)The
			 Right to Financial Privacy Act of 1978.
							(iv)The
			 Expedited Funds Availability Act.
							(v)The
			 Community Reinvestment Act of 1977.
							(vi)The
			 Bank Protection Act of 1968.
							(vii)The
			 Home Owners' Loan Act.
							(viii)The Federal
			 Deposit Insurance Act.
							(ix)The
			 Real Estate Settlement Procedures Act of 1974.
							(x)The
			 Home Mortgage Disclosure Act of 1975.
							(xi)Any
			 other Federal law.
							(xii)State consumer
			 protection laws (reported as a separate aggregate number for each State and
			 each State consumer protection law).
							(xiii)Any other State law (reported separately
			 for each State and each State law).
							(C)A summary
			 description of the resolution efforts by the Director for complaints received
			 during the period covered, including—
							(i)the
			 average amount of time to resolve each complaint;
							(ii)the
			 median period of time to resolve each complaint;
							(iii)the average and
			 median time to resolve complaints in each category of complaints described in
			 each clause of subparagraph (B); and
							(iv)a
			 summary description of the longest outstanding complaint during the reporting
			 period and the reason for the difficulty in resolving such complaint in a more
			 timely fashion.
							(3)Disclosure of
			 report on ots websiteEach
			 report submitted to the Congress under this subsection shall be posted, by the
			 Director of the Office of Thrift Supervision, in a timely fashion and
			 maintained on the website of the Office of Thrift Supervision on the World Wide
			 Web.