[Congressional Record Volume 144, Number 119 (Thursday, September 10, 1998)]
[Senate]
[Page S10213]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

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                 CONSUMER BANKRUPTCY REFORM ACT OF 1998
                       D'AMATO AMENDMENT NO. 3560

  (Ordered to lie on the table.)
  Mr. D'AMATO submitted an amendment intended to be proposed by him to 
the bill (S. 1301) to amend title 11, United States Code, to provide 
for consumer bankruptcy protection, and for other purposes; as follows:

       At the appropriate place, insert the following new section:

     SEC. __. PROHIBITION OF CERTAIN ATM FEES.

       (a) Definition.--Section 903 of the Electronic Fund 
     Transfer Act (15 U.S.C. 1693a) is amended--
       (1) in paragraph (10), by striking ``and'' at the end;
       (2) in paragraph (11), by striking the period at the end 
     and inserting a semicolon; and
       (3) by adding at the end the following new paragraphs:
       ``(12) the term `electronic terminal surcharge' means a 
     transaction fee assessed by a financial institution that is 
     the owner or operator of the electronic terminal; and
       ``(13) the term `electronic banking network' means a 
     communications system linking financial institutions through 
     electronic terminals.''.
       (b) Certain Fees Prohibited.--Section 905 of the Electronic 
     Fund Transfer Act (12 U.S.C. 1693c) is amended by adding at 
     the end the following new subsection:
       ``(d) Limitation on Fees.--With respect to a transaction 
     conducted at an electronic terminal, an electronic terminal 
     surcharge may not be assessed against a consumer if the 
     transaction--
       ``(1) does not relate to or affect an account held by the 
     consumer with the financial institution that is the owner or 
     operator of the electronic terminal; and
       ``(2) is conducted through a national or regional 
     electronic banking network.''.
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                       ABRAHAM AMENDMENT NO. 3561

  (Ordered to lie on the table.)
  Mr. ABRAHAM submitted an amendment intended to be proposed by him to 
the bill, S. 1301, supra; as follows:

       On p. 68, line 17, strike ``.''.'' and insert the 
     following: ``unless the court, on request of the Debtor or 
     Trustee and after notice and hearing, finds upon a showing 
     supported by the preponderance of the evidence that: (A) the 
     consideration paid by the Debtor in the transaction that 
     supports the allowed claim was so disproportionate to the 
     consideration received by the Debtor so as to render the 
     transaction rescindable by the Debtor under applicable non-
     bankruptcy law, or (B) the transaction is rescindable by the 
     Debtor under applicable non-bankruptcy law based on fraud or 
     misrepresentation.''.''
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                        GLENN AMENDMENT NO. 3562

  (Ordered to lie on the table.)
  Mr. GLENN submitted an amendment intended to be proposed by him to 
the bill, S. 1301, supra; as follows:

       On page 11, line 1, strike ``$624,019,000'' and insert 
     ``$625,019,000''.
       On page 11, line 2, after ``herein,'' insert the following: 
     ``of which at least $3,192,000 of the amounts made available 
     for fish and wildlife management within the fisheries account 
     shall be made available for aquatic nuisance control,''.
       On page 77, line 5, strike ``$353,840,000'' and insert 
     ``$352,840,000''.
       On page 77, line 10, before the colon, insert the 
     following: ``, of which $124,887,000 shall be made available 
     for road reconstruction and construction activities''.

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