Representatives

To establish a Commission on Structural Alternatives for the Federal Courts of Appeals. (Introduced in House)
MEMORANDUM

House Passes Bill Proposing to Study Appeals Court Boundaries

On June 3, 1997, the House of Representatives passed H.R. 908, an act seeking to
establish a Commission on Structural Alternatives for the Federal Courts of Appeals.

The bill passed the House by a voice vote after a compromise that saw the number of
members on the commission reduced from 13 to 10, its funding reduced from $1.3 million to
$900,000 and the deadline for its recommendations shortened from two years to 18 months. The
bill is the result of the belief by representatives from several Western states encompassed by the
9th Circuit that the district is too large to work
efficiently. Others want to see appeals decisions from their states removed from the control of
California judges perceived as too liberal. These lawmakers wish to divide the circuit in two.

The 9th Circuit is comprised of nine Western
states: Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon and Washington.
The Bankrutpcy Courts for the Districts of Guam and the Northern Mariana Islands also fall
within the jurisdiction of the 9th Circuit.

Chairman of the House Judiciary Committee's Courts and Intellectual Property Subcommittee
Howard Coble (R-N.C.) introduced the bill on the House floor. Rep. Don Young (R-Alaska)
and Rep. Rick Hill

(R-Mont.) Both expressed concerns about the bill's scope, but supported the measure. Rep.
Young
stated his desire that the federal government simply divide the district, rather than studying it.

The measure was approved by the House Judiciary Committee in March. A similar bill (S. 956 To
establish a Commission on Structural Alternatives for the Federal Courts of Appeals.) Passed the
Senate during the last session, but the House took no action.

H.R. 900--Consumer Credit Card Protection Amendments of 1999
March 2, 1999
Section-by-section summary
Sponsor: Rep. John LaFalce
H.R. 900--Consumer Credit Card Protection Amendments of 1999
March 2, 1999

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Section-by-section summary


Sponsor: Rep. John LaFalce

Sec. 1. Short Title/References: "Consumer Credit Card Protection Amendments of 1999"

Sec. 2. Disclosures Regarding Minimum Monthly Payments: Requires new consumer disclosures regarding required minimum monthly payments-

In card agreements-how minimum payments are to be calculated;

In card solicitations--the charges or penalties to be imposed for failure to pay a minimum payment;

In billing statements-estimates of the months required and the total cost to the consumer of repaying card balance in full if payment is made only at level of the required minimum monthly payment.

Sec. 3. Disclosure of Late Payment Fees: Requires card issuers that impose a penalty on card holders that fail to make a monthly payment by a required payment due date to state the date that payment is due in bold print in a prominent place on the monthly billing statement, together with the amount of the fee or charge that will be assessed if payment is received after that date.

Sec. 4. Worldwide Web-Based Credit Card Solicitations: Requires that all disclosures regarding the terms and costs of credit card accounts that are required for direct mail solicitations also be included in solicitations on internet sites or web pages. These disclosures must be clear and conspicuous, readily accessible to consumers and updated regularly to reflect all current credit card terms and costs.

Sec. 5. Disclosures Relating to "Teaser" Rates: Require more clear and conspicuous disclosure regarding special or introductory interest rates used to entice consumers to open credit card accounts, including--

the date that the introductory "teaser" rate will expire;

the permanent rate or rates that will be applied to the account after the introductory "teaser" rate expires;

any conditions under which the "teaser" rate may be revoked or otherwise conditioned on actions by the card holder (e.g., failure to make the minimum payment or to make payment on time) and the interest rate to be applied to the account as a result of such action.

Sec. 6. Limit on Inactivity Fees: Prohibits card issuers from imposing an "inactivity" fee for any monthly billing period where a card holder has an outstanding balance that is subject to finance charges.

Sec. 7. Issuance of Credit Cards to Underage Consumers: Prohibits issuance of a credit card account to persons who have not reached the age of 21, except where the person submits a written application that is either co-signed by a parent or legal guardian or provides evidence of independent means for repaying any debt obligation.

Sec. 8. Penalties for On-Time Payment: Prohibits card issuers from canceling credit cards, reimposing annual fees, imposing maintenance fees or minimum finance charges, misrepresenting payment due dates to gain early payment on the account, or other actions which are intended to penalize any card holder solely on the basis that the card holder routinely pays off their monthly credit balances on time without incurring interest charges..

Sec. 9. Freeze on Interest Rate Terms and Fees on Canceled Cards: Requires that credit card holders who receive notice of an increase in the interest rate applicable to their account be permitted to cancel the account prior and repay any balance at the interest rate and terms applicable at the time of the rate increase. Requires card issuers to provide notice of the consumers' right to cancel the account as part of any notice of an increase in annual interest rates.

Sec. 10. Disclosures on Credit Advances through Third-Party Checks: Prohibits card issuers from providing card holders with any negotiable or transferable "convenience" check for use in making payment or transfer to a third-party unless the issuer also provides prominent notice of any additional fees and interest costs applicable to any use of these checks.

Sec. 11. Limitation on Over-The-Limit Fees: Prohibits a card issuer from charging a fee or penalty for an extension of credit that exceeds a card holder's maximum credit limit where the issuer had provided specific prior approval for the extension of credit.

Sec. 12. Unsolicited Dual Purpose Cards: Prohibits card issuers that seek to avoid current prohibitions against mailing unsolicited credit cards to consumers from sending unsolicited cards that have multiple purposes (i.e., calling cards, stored value, check guarantee, discount/award cards, etc.) but are connected to a credit plan and can be used, either initially or upon later activation, to obtain credit.

Sec. 13. Civil Liability: Extends civil liability protections under the Truth in Lending by incorporating specific references to new protections authorized by the legislation and by striking language that restricts issuer liability in credit card solicitations only to consumers that use credit cards and pay annual fees.

Sec. 14. Regulations: Requires the Federal Reserve, within six months of enactment, to issue final regulations implementing the amendments and authorizes the Fed to issue such staff commentary and publish model disclosure statements and forms as it determines necessary.

[-------------------------------]

To extend the period during which chapter 12 of title 11 of the United States (Enrolled as Agreed to or Passed by Both House and Senate)

To amend the Securities Investor Protection Act of 1970 to provide insurance coverage for certain indirect investors caught in Ponzi schemes, and for other purposes.

To amend title 11 of the United States Code with respect to modification of certain mortgages on principal residences, and for other purposes.

To provide for the continuation of agricultural programs through fiscal year 2011.

To amend title 49, United States Code, to preserve nonstop air service to and from Ronald Reagan Washington National Airport for certain communities in cases of airline bankruptcy. (Introduced in House)

To amend the Internal Revenue Code of 1986 to exclude from gross income discharges of personal indebtedness outside of bankruptcy.

To authorize 36 additional bankruptcy judgeships, and for other purposes. Bankruptcy Judgeship Act of 2003 (Introduced in House)

HR 1428 IH

 

108th CONGRESS

 

1st Session

 

H. R. 1428

To authorize 36 additional bankruptcy judgeships, and for other purposes.

 

IN THE HOUSE OF REPRESENTATIVES

 

 

March 25, 2003

Mr. KINGSTON (for himself, Mr. FOLEY, Mr. HOYER, Mr. DEUTSCH, Mr. ROGERS of Michigan, Mr. JENKINS, Mr. CASTLE, Mr. FROST, Mr. NADLER, Ms. ROS-LEHTINEN, Mr. GIBBONS, Mr. GORDON, Mr. HOEFFEL, Mr. BURNS, Mr. GINGREY, Mr. MATHESON, Mr. SCHROCK, Mr. BISHOP of Utah, Mr. COLLINS, Mr. LINCOLN DIAZ-BALART of Florida, Mr. WICKER, Mr. VAN HOLLEN, and Mr. MCINTYRE) introduced the following bill; which was referred to the Committee on the Judiciary

 

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A BILL

To authorize 36 additional bankruptcy judgeships, and for other purposes.

 

• 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 `Bankruptcy Judgeship Act of 2003'.

 

SEC. 2. AUTHORIZATION FOR ADDITIONAL BANKRUPTCY JUDGESHIPS.

 

• The following judgeship positions shall be filled in the manner prescribed in section 152(a)(1) of title 28, United States Code, for the appointment of bankruptcy judges provided for in section 152(a)(2) of such title:

 

• • (1) Two additional bankruptcy judgeships for the southern district of New York.

 

• • (2) Four additional bankruptcy judgeships for the district of Delaware.

 

• • (3) One additional bankruptcy judgeship for the district of New Jersey.

 

• • (4) One additional bankruptcy judgeship for the eastern district of Pennsylvania.

 

• • (5) Three additional bankruptcy judgeships for the district of Maryland.

 

• • (6) One additional bankruptcy judgeship for the eastern district of North Carolina.

 

• • (7) One additional bankruptcy judgeship for the district of South Carolina.

 

• • (8) One additional bankruptcy judgeship for the eastern district of Virginia.

 

• • (9) Two additional bankruptcy judgeships for the eastern district of Michigan.

 

• • (10) Two additional bankruptcy judgeships for the western district of Tennessee.

 

• • (11) One additional bankruptcy judgeship for the eastern and western districts of Arkansas.

 

• • (12) Two additional bankruptcy judgeships for the district of Nevada.

 

• • (13) One additional bankruptcy judgeship for the district of Utah.

 

• • (14) Two additional bankruptcy judgeships for the middle district of Florida.

 

• • (15) Two additional bankruptcy judgeships for the southern district of Florida.

 

• • (16) Two additional bankruptcy judgeships for the northern district of Georgia.

 

• • (17) One additional bankruptcy judgeship for the southern district of Georgia.

 

SEC. 3. TEMPORARY BANKRUPTCY JUDGESHIPS.

 

• (a) AUTHORIZATION FOR ADDITIONAL TEMPORARY BANKRUPTCY JUDGESHIPS- The following judgeship positions shall be filled in the manner prescribed in section 152(a)(1) of title 28, United States Code, for the appointment of bankruptcy judges provided for in section 152(a)(2) of such title:

 

• • (1) One additional bankruptcy judgeship for the district of Puerto Rico.

 

• • (2) One additional bankruptcy judgeship for the northern district of New York.

 

• • (3) One additional bankruptcy judgeship for the middle district of Pennsylvania.

 

• • (4) One additional bankruptcy judgeship for the district of Maryland.

 

• • (5) One additional bankruptcy judgeship for the northern district of Mississippi.

 

• • (6) One additional bankruptcy judgeship for the southern district of Mississippi.

 

• • (7) One additional bankruptcy judgeship for the southern district of Georgia.

 

• (b) VACANCIES-

 

• • (1) IN GENERAL- The first vacancy occurring in the office of bankruptcy judge in each of the judicial districts set forth in subsection (a)--

 

• • • (A) occurring 5 years or more after the appointment date of the bankruptcy judge appointed under subsection (a) to such office; and

 

• • • (B) resulting from the death, retirement, resignation, or removal of a bankruptcy judge;

 

• • shall not be filled.

 

• • (2) TERM EXPIRATION- In the case of a vacancy resulting from the expiration of the term of a bankruptcy judge not described in paragraph (1), that judge shall be eligible for reappointment as a bankruptcy judge in that district.

 

• (c) EXTENSION OF EXISTING TEMPORARY BANKRUPTCY JUDGESHIPS-

 

• • (1) IN GENERAL- The temporary bankruptcy judgeships authorized for the northern district of Alabama and the eastern district of Tennessee under paragraphs (1) and (9) of section 3(a) of the Bankruptcy Judgeship Act of 1992 (28 U.S.C. 152 note) are extended until the first vacancy occurring in the office of a bankruptcy judge in the applicable district resulting from the death, retirement, resignation, or removal of a bankruptcy judge and occurring 5 years or more after the date of enactment of this Act.

 

• • (2) APPLICABILITY OF OTHER PROVISIONS- All other provisions of section 3 of the Bankruptcy Judgeship Act of 1992 (28 U.S.C. 152 note) remain applicable to the temporary bankruptcy judgeships referred to in this subsection.

 

SEC. 4. TRANSFER OF BANKRUPTCY JUDGESHIP SHARED BY THE MIDDLE DISTRICT OF GEORGIA AND THE SOUTHERN DISTRICT OF GEORGIA.

 

• The bankruptcy judgeship presently shared by the southern district of Georgia and the middle district of Georgia shall be converted to a bankruptcy judgeship for the middle district of Georgia.

 

SEC. 5. CONVERSION OF EXISTING TEMPORARY BANKRUPTCY JUDGESHIPS.

 

• (a) DISTRICT OF DELAWARE- The temporary bankruptcy judgeship authorized for the district of Delaware pursuant to section 3 of the Bankruptcy Judgeship Act of 1992 (28 U.S.C. 152 note), shall be converted to a permanent bankruptcy judgeship.

 

• (b) DISTRICT OF PUERTO RICO- The temporary bankruptcy judgeship authorized for the district of Puerto Rico pursuant to section 3 of the Bankruptcy Judgeship Act of 1992 (28 U.S.C. 152 note), shall be converted to a permanent bankruptcy judgeship.

 

SEC. 6. TECHNICAL AMENDMENTS.

 

• Section 152(a)(2) of title 28, United States Code, is amended--

 

• • (1) in the item relating to the eastern and western districts of Arkansas, by striking `3' and inserting `4';

 

• • (2) in the item relating to the district of Delaware, by striking `1' and inserting `6';

 

• • (3) in the item relating to the middle district of Florida, by striking `8' and inserting `10';

 

• • (4) in the item relating to the southern district of Florida, by striking `5' and inserting `7';

 

• • (5) in the item relating to the northern district of Georgia, by striking `8' and inserting `10';

 

• • (6) in the item relating to the middle district of Georgia, by striking `2' and inserting `3';

 

• • (7) in the item relating to the southern district of Georgia, by striking `2' and inserting `3';

 

• • (8) in the collective item relating to the middle and southern districts of Georgia, by striking `Middle and Southern . . . . . . 1';

 

• • (9) in the item relating to the district of Maryland, by striking `4' and inserting `7';

 

• • (10) in the item relating to the eastern district of Michigan, by striking `4' and inserting `6';

 

• • (11) in the item relating to the district of Nevada, by striking `3' and inserting `5';

 

• • (12) in the item relating to the district of New Jersey, by striking `8' and inserting `9';

 

• • (13) in the item relating to the southern district of New York, by striking `9' and inserting `11';

 

• • (14) in the item relating to the eastern district of North Carolina, by striking `2' and inserting `3';

 

• • (15) in the item relating to the eastern district of Pennsylvania, by striking `5' and inserting `6';

 

• • (16) in the item relating to the district of Puerto Rico, by striking `2' and inserting `3';

 

• • (17) in the item relating to the district of South Carolina, by striking `2' and inserting `3';

 

• • (18) in the item relating to the western district of Tennessee, by striking `4' and inserting `6';

 

• • (19) in the item relating to the district of Utah, by striking `3' and inserting `4'; and

 

• • (20) in the item relating to the eastern district of Virginia, by striking `5' and inserting `6'.

 

 

 

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Amends the Higher Education Act of 1965 to require each lender entering into an educational loan arrangement with a postsecondary school to: (1) report annually to the Secretary of Education specified information concerning such arrangement\; (2) inform borrowers of their loan options under title IV (Student Assistance) before extending private educational loans for attendance at such school\; and (3) be barred by such school from marketing such loans in a manner implying the school's endorsement.