datamatters24/research-document-archive huggingface dataset:
HR 4954 PCS
(c) MEDICAID PROVIDING WRAP-AROUND BENE-
FITS.—Section 1935, as so inserted and amended, is fur-
ther amended by adding at the end the following new sub-
section:
‘‘(d) ADDITIONAL PROVISIONS.—
‘‘(1) MEDICAID AS SECONDARY PAYOR.—In the
case of an individual who is entitled to qualified pre-
scription drug coverage under a prescription drug
plan under part D of title XVIII (or under a
Medicare+Choice plan under part C of such title)
and medical assistance for prescribed drugs under
this title, medical assistance shall continue to be pro-
vided under this title for prescribed drugs to the ex-
tent payment is not made under the prescription
drug plan or the Medicare+Choice plan selected by
the individual.
‘‘(2) CONDITION.—A State may require, as a
condition for the receipt of medical assistance under
this title with respect to prescription drug benefits
for an individual eligible to obtain qualified prescrip-
tion drug coverage described in paragraph (1), that
the individual elect qualified prescription drug cov-
erage under section 1860A.’’.
(d) TREATMENT OF TERRITORIES.—
HR 4954 PCS
(1) IN GENERAL.—Section 1935, as so inserted
and amended, is further amended—
(A) in subsection (a) in the matter pre-
ceding paragraph (1), by inserting ‘‘subject to
subsection (e)’’ after ‘‘section 1903(a)’’;
(B) in subsection (c)(1), by inserting ‘‘sub-
ject to subsection (e)’’ after ‘‘1903(a)(1)’’; and
(C) by adding at the end the following new
subsection:
‘‘(e) TREATMENT OF TERRITORIES.—
‘‘(1) IN
GENERAL.—In the case of a State,
other than the 50 States and the District of
Columbia—
‘‘(A) the previous provisions of this section
shall not apply to residents of such State; and
‘‘(B) if the State establishes a plan de-
scribed in paragraph (2) (for providing medical
assistance with respect to the provision of pre-
scription drugs to medicare beneficiaries), the
amount otherwise determined under section
1108(f) (as increased under section 1108(g))
for the State shall be increased by the amount
specified in paragraph (3).
‘‘(2) PLAN.—The plan described in this para-
graph is a plan that—
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HR 4954 PCS
SEC. 518. COVERAGE OF CHOLESTEROL AND BLOOD LIPID
SCREENING.
(a) COVERAGE.—Section 1861(s)(2) (42 U.S.C.
1395x(s)(2)), as amended by section 514(a), is amended—
(1) in subparagraph (V), by striking ‘‘and’’ at
the end;
(2) in subparagraph (W), by inserting ‘‘and’’ at
the end; and
(3) by adding at the end the following new sub-
paragraph:
‘‘(X) cholesterol and other blood lipid
screening tests (as defined in subsection
(XX));’’.
(b) SERVICES DESCRIBED.—Section 1861 (42 U.S.C.
1395x), as amended by section 514(b), is amended by add-
ing at the end the following new subsection:
‘‘Cholesterol and Other Blood Lipid Screening Test
‘‘(xx)(1) The term ‘cholesterol and other blood lipid
screening test’ means diagnostic testing of cholesterol and
other lipid levels of the blood for the purpose of early de-
tection of abnormal cholesterol and other lipid levels.
‘‘(2) The Secretary shall establish standards, in con-
sultation with appropriate organizations, regarding the
frequency and type of cholesterol and other blood lipid
screening tests, except that such frequency may not be
more often than once every 2 years.’’.
373
HR 4954 PCS
under the procedures that apply under subsection
(h)(1)(A) to a provider of services that is dissatisfied
with a determination by the Secretary.’’.
(b) EFFECTIVE DATES.—
(1) ENROLLMENT
PROCESS.—The Secretary
shall provide for the establishment of the enrollment
process under section 1866(j)(1) of the Social Secu-
rity Act, as added by subsection (a)(2), within 6
months after the date of the enactment of this Act.
(2) CONSULTATION.—Section 1866(j)(1)(C) of
the Social Security Act, as added by subsection
(a)(2), shall apply with respect to changes in pro-
vider enrollment forms made on or after January 1,
2003.
(3) HEARING RIGHTS.—Section 1866(j)(2) of
the Social Security Act, as added by subsection
(a)(2), shall apply to denials occurring on or after
such date (not later than 1 year after the date of
the enactment of this Act) as the Secretary specifies.
SEC. 837. PROCESS FOR CORRECTION OF MINOR ERRORS
AND OMISSIONS ON CLAIMS WITHOUT PUR-
SUING APPEALS PROCESS.
The Secretary shall develop, in consultation with ap-
propriate medicare contractors (as defined in section
1889(g) of the Social Security Act, as inserted by section
HR 4954 PCS
‘‘(i) in cases of individuals who have
and involuntarily lose prescription drug
coverage described in subsection (c)(2)(C);
‘‘(ii) in cases described in section
1837(h) (relating to errors in enrollment),
in the same manner as such section applies
to part B;
‘‘(iii) in the case of an individual who
meets such exceptional conditions (includ-
ing conditions provided under section
1851(e)(4)(D)) as the Administrator may
provide; and
‘‘(iv) in cases of individuals (as deter-
mined by the Administrator) who become
eligible for prescription drug assistance
under title XIX under section 1935(d).
‘‘(3) INFORMATION
ON
PLANS.—Information
described in section 1860C(b)(1) on prescription
drug plans shall be made available during open en-
rollment periods.
‘‘(c) GUARANTEED ISSUE; COMMUNITY RATING; AND
NONDISCRIMINATION.—
‘‘(1) GUARANTEED ISSUE.—
‘‘(A) IN GENERAL.—An eligible individual
who is eligible to elect qualified prescription
HR 4954 PCS
section (b)(3) exceeds the initial co-
payment threshold described in sub-
section (b)(2)(C); and
‘‘(II) 100 percent minus the cost-
sharing percentage specified in sub-
section (b)(2)(A)(ii)(I).
‘‘(2) CATASTROPHIC
PROTECTION.—The cov-
erage provides for beneficiaries the catastrophic pro-
tection described in subsection (b)(4).
‘‘(d) ACCESS TO NEGOTIATED PRICES.—
‘‘(1) IN GENERAL.—Under qualified prescrip-
tion drug coverage offered by a PDP sponsor or a
Medicare+Choice organization, the sponsor or orga-
nization shall provide beneficiaries with access to ne-
gotiated prices (including applicable discounts) used
for payment for covered outpatient drugs, regardless
of the fact that no benefits may be payable under
the coverage with respect to such drugs because of
the application of cost-sharing or an initial coverage
limit (described in subsection (b)(3)). Insofar as a
State elects to provide medical assistance under title
XIX for a drug based on the prices negotiated by a
prescription drug plan under this part, the require-
ments of section 1927 shall not apply to such drugs.
The prices negotiated by a prescription drug plan
385
HR 4954 PCS
and specialists) and provided for an assessment of
the proposed guidelines by the physician community;
(2) has established a plan that contains specific
goals, including a schedule, for improving the use of
such guidelines;
(3) has conducted appropriate and representa-
tive pilot projects under subsection (b) to test modi-
fications to the evaluation and management docu-
mentation guidelines;
(4) finds that the objectives described in sub-
section (c) will be met in the implementation of such
guidelines; and
(5) has established, and is implementing, a pro-
gram to educate physicians on the use of such guide-
lines and that includes appropriate outreach.
The Secretary shall make changes to the manner in which
existing evaluation and management documentation guide-
lines are implemented to reduce paperwork burdens on
physicians.
(b) PILOT PROJECTS TO TEST EVALUATION AND
MANAGEMENT DOCUMENTATION GUIDELINES.—
(1) IN GENERAL.—The Secretary shall conduct
under this subsection appropriate and representative
pilot projects to test new evaluation and manage-
280
HR 4954 PCS
(1) IN GENERAL.—Section 1871(a) (42 U.S.C.
1395hh(a)), as amended by subsection (b), is further
amended by adding at the end the following new
paragraph:
‘‘(4) If the Secretary publishes notice of proposed
rulemaking relating to a regulation (including an interim
final regulation), insofar as such final regulation includes
a provision that is not a logical outgrowth of such notice
of proposed rulemaking, that provision shall be treated as
a proposed regulation and shall not take effect until there
is the further opportunity for public comment and a publi-
cation of the provision again as a final regulation.’’.
(2) EFFECTIVE DATE.—The amendment made
by paragraph (1) shall apply to final regulations
published on or after the date of the enactment of
this Act.
SEC. 803. COMPLIANCE WITH CHANGES IN REGULATIONS
AND POLICIES.
(a) NO
RETROACTIVE
APPLICATION
OF
SUB-
STANTIVE CHANGES.—
(1) IN
GENERAL.—Section 1871 (42 U.S.C.
1395hh), as amended by section 802(a), is amended
by adding at the end the following new subsection:
‘‘(e)(1)(A) A substantive change in regulations, man-
ual instructions, interpretative rules, statements of policy,
419
HR 4954 PCS
Commission as the Commission determines to be
necessary to carry out its duties.
(6) USE OF MAILS.—The Commission may use
the United States mails in the same manner and
under the same conditions as Federal agencies and
shall, for purposes of the frank, be considered a
commission of Congress as described in section 3215
of title 39, United States Code.
(7) OBTAINING
INFORMATION.—The Commis-
sion may secure directly from any Federal agency
information necessary to enable it to carry out its
duties, if the information may be disclosed under
section 552 of title 5, United States Code. Upon re-
quest of the Chairman of the Commission, the head
of such agency shall furnish such information to the
Commission.
(8) ADMINISTRATIVE
SUPPORT
SERVICES.—
Upon the request of the Commission, the Adminis-
trator of General Services shall provide to the Com-
mission on a reimbursable basis such administrative
support services as the Commission may request.
(9) PRINTING.—For purposes of costs relating
to printing and binding, including the cost of per-
sonnel detailed from the Government Printing Of-
255
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall apply to expenses incurred after the date of
the enactment of this Act.
Æ
to a waiver application under paragraph (1);
and
‘‘(B) any reference to solvency standards
shall be treated as a reference to solvency stand-
ards established under subsection (d).
‘‘(d) SOLVENCY
STANDARDS
FOR
NON-LICENSED
SPONSORS.—
‘‘(1) ESTABLISHMENT.—The Administrator shall
establish, by not later than October 1, 2003, financial
solvency and capital adequacy standards that an en-
tity that does not meet the requirements of subsection
(a)(1) must meet to qualify as a PDP sponsor under
this part.
‘‘(2) 
COMPLIANCE
WITH
STANDARDS.—Each
PDP sponsor that is not licensed by a State under
subsection (a)(1) and for which a waiver application
has been approved under subsection (c) shall meet sol-
vency and capital adequacy standards established
under paragraph (1). The Administrator shall estab-
lish certification procedures for such PDP sponsors
with respect to such solvency standards in the manner
described in section 1855(c)(2).
‘‘(e) OTHER STANDARDS.—The Administrator shall es-
tablish by regulation other standards (not described in sub-
section (d)) for PDP sponsors and plans consistent with,
192
HR 4 EAS
‘‘(B) a description of the local officials re-
quired to be informed, the information that is to
be provided to them and the manner, which may
include traditional or electronic means, in which
it is provided;
‘‘(C) the means for receiving input from the
local officials that may include a public forum
sponsored by the Secretary or by the State, or
the submission of written comments through tra-
ditional or electronic means;
‘‘(D) the extent to which an operator of a
pipeline facility must participate in a public
forum sponsored by the Secretary or in another
means for receiving input from the local officials
or in the evaluation of that input; and
‘‘(E) the manner in which the Secretary
will notify the local officials about how their con-
cerns are being addressed.’’.
SEC. 765. ENFORCEMENT.
(a) IN GENERAL.—Section 60112 is amended—
(1) by striking subsection (a) and inserting the
following:
‘‘(a) GENERAL AUTHORITY.—After notice and an op-
portunity for a hearing, the Secretary of Transportation
Calendar No. 357
107TH CONGRESS
2D SESSION
H. R. 495
AN ACT
To designate the Federal building located in Char-
lotte Amalie, St. Thomas, United States Virgin
Islands, as the ‘‘Ron de Lugo Federal Building’’.
APRIL 25, 2002
Reported without amendment
mittee on Energy and Commerce of the House of Rep-
resentatives and the Committee on Health, Education,
Labor, and Pensions of the Senate a report on the imple-
mentation of the authority for such fees during such fiscal
year and the use, by the Food and Drug Administration,
of the fees collected during such fiscal year for which the
report is made.
SEC. 5. SUNSET.
The amendments made by section 3 shall not be in
effect after October 1, 2007, and section 4 shall not be
in effect after 120 days after such date.
Æ
I
107TH CONGRESS
2D SESSION
H. R. 4958
To amend the Internal Revenue Code of 1986 to allow a 10-year foreign
tax credit carryforward.
IN THE HOUSE OF REPRESENTATIVES
JUNE 18, 2002
Mr. PORTMAN (for himself, Mr. JEFFERSON, Mr. HOUGHTON, Mr. LEVIN, Mr.
CRANE, Mr. LEWIS of Georgia, Mr. CAMP, and Mr. TANNER) introduced
the following bill; which was referred to the Committee on Ways and
Means
A BILL
To amend the Internal Revenue Code of 1986 to allow a
10-year foreign tax credit carryforward.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 
1. 
10-YEAR 
FOREIGN 
TAX 
CREDIT
CARRYFORWARD.
(a) GENERAL RULE.—Section 904(c) of the Internal
Revenue Code of 1986 (relating to carryback and carry-
over of excess tax paid) is amended by striking ‘‘in the
first, second, third, fourth, or fifth’’ and inserting ‘‘in any
of the first 10’’.
(b) EFFECTIVE DATE.—The amendment made by
this section shall apply to excess foreign taxes which (with-
out regard to the amendment made by this section) may
be carried forward to a taxable year ending after the date
of the enactment of this Act.
Æ
SECTION 1. DESIGNATION.
The Federal building located in Charlotte Amalie, St.
Thomas, United States Virgin Islands, shall be known and
designated as the ‘‘Ron de Lugo Federal Building’’.
SEC. 2. REFERENCES.
Any reference in a law, map, regulation, document,
paper, or other record of the United States to the Federal
building referred to in section 1 shall be deemed to be
a reference to the ‘‘Ron de Lugo Federal Building’’.
Passed the House of Representatives May 21, 2001.
Attest:
Clerk.
H. R. 495
One Hundred Seventh Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the twenty-third day of January, two thousand and two
An Act
To designate the Federal building located in Charlotte Amalie, St. Thomas, United
States Virgin Islands, as the ‘‘Ron de Lugo Federal Building’’.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. DESIGNATION.
The Federal building located in Charlotte Amalie, St. Thomas,
United States Virgin Islands, shall be known and designated as
the ‘‘Ron de Lugo Federal Building’’.
SEC. 2. REFERENCES.
Any reference in a law, map, regulation, document, paper,
or other record of the United States to the Federal building referred
to in section 1 shall be deemed to be a reference to the ‘‘Ron
de Lugo Federal Building’’.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
I
107TH CONGRESS
1ST SESSION
H. R. 495
To designate the Federal building located in Charlotte Amalie, St. Thomas,
United States Virgin Islands, as the ‘‘Ron de Lugo Federal Building’’.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 7, 2001
Mrs. CHRISTENSEN (for herself, Mr. FALEOMAVAEGA, and Mr. UNDERWOOD)
introduced the following bill; which was referred to the Committee on
Transportation and Infrastructure
A BILL
To designate the Federal building located in Charlotte
Amalie, St. Thomas, United States Virgin Islands, as
the ‘‘Ron de Lugo Federal Building’’.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. DESIGNATION.
The Federal building located in Charlotte Amalie, St.
Thomas, United States Virgin Islands, shall be known and
designated as the ‘‘Ron de Lugo Federal Building’’.
SEC. 2. REFERENCES.
Any reference in a law, map, regulation, document,
paper, or other record of the United States to the Federal
building referred to in section 1 shall be deemed to be
a reference to the ‘‘Ron de Lugo Federal Building’’.
Æ
IIB
107TH CONGRESS
1ST SESSION
H. R. 495
IN THE SENATE OF THE UNITED STATES
MAY 22, 2001
Received; read twice and referred to the Committee on Environment and
Public Works
AN ACT
To designate the Federal building located in Charlotte
Amalie, St. Thomas, United States Virgin Islands, as
the ‘‘Ron de Lugo Federal Building’’.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
HR 495 RFS
SECTION 1. DESIGNATION.
The Federal building located in Charlotte Amalie, St.
Thomas, United States Virgin Islands, shall be known and
designated as the ‘‘Ron de Lugo Federal Building’’.
SEC. 2. REFERENCES.
Any reference in a law, map, regulation, document,
paper, or other record of the United States to the Federal
building referred to in section 1 shall be deemed to be
a reference to the ‘‘Ron de Lugo Federal Building’’.
Passed the House of Representatives May 21, 2001.
Attest:
JEFF TRANDAHL,
Clerk.
IB
House Calendar No. 28
107TH CONGRESS
1ST SESSION
H. R. 495
[Report No. 107–71]
To designate the Federal building located in Charlotte Amalie, St. Thomas,
United States Virgin Islands, as the ‘‘Ron de Lugo Federal Building’’.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 7, 2001
Mrs. CHRISTENSEN (for herself, Mr. FALEOMAVAEGA, and Mr. UNDERWOOD)
introduced the following bill; which was referred to the Committee on
Transportation and Infrastructure
MAY 21, 2001
Referred to the House Calendar and ordered to be printed
A BILL
To designate the Federal building located in Charlotte
Amalie, St. Thomas, United States Virgin Islands, as
the ‘‘Ron de Lugo Federal Building’’.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. DESIGNATION.
The Federal building located in Charlotte Amalie, St.
Thomas, United States Virgin Islands, shall be known and
designated as the ‘‘Ron de Lugo Federal Building’’.
SEC. 2. REFERENCES.
Any reference in a law, map, regulation, document,
paper, or other record of the United States to the Federal
building referred to in section 1 shall be deemed to be
a reference to the ‘‘Ron de Lugo Federal Building’’.
House Calendar No. 28
107TH CONGRESS
1ST SESSION
H. R. 495
[Report No. 107–71]
A BILL
To designate the Federal building located in Char-
lotte Amalie, St. Thomas, United States Virgin
Islands, as the ‘‘Ron de Lugo Federal Building’’.
MAY 21, 2001
Referred to the House Calendar and ordered to be
printed
II
Calendar No. 357
107TH CONGRESS
2D SESSION
H. R. 495
IN THE SENATE OF THE UNITED STATES
MAY 22, 2001
Received; read twice and referred to the Committee on Environment and
Public Works
APRIL 25, 2001
Reported by Mr. JEFFORDS, without amendment
AN ACT
To designate the Federal building located in Charlotte
Amalie, St. Thomas, United States Virgin Islands, as
the ‘‘Ron de Lugo Federal Building’’.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. DESIGNATION.
The Federal building located in Charlotte Amalie, St.
Thomas, United States Virgin Islands, shall be known and
designated as the ‘‘Ron de Lugo Federal Building’’.
HR 495 RS
SEC. 2. REFERENCES.
Any reference in a law, map, regulation, document,
paper, or other record of the United States to the Federal
building referred to in section 1 shall be deemed to be
a reference to the ‘‘Ron de Lugo Federal Building’’.
Passed the House of Representatives May 21, 2001.
Attest:
JEFF TRANDAHL,
Clerk.
and the provision of appropriate benefits under such
program;
(4) make recommendations for establishing in-
centives and structures to promote enhanced effi-
ciencies and ways of encouraging innovative State
policies under the medicaid program;
(5) make recommendations for establishing the
appropriate balance between benefits covered, pay-
ments to providers, State and Federal contributions
and, where appropriate, recipient cost-sharing obli-
gations;
(6) make recommendations on the impact of
promoting increased utilization of competitive, pri-
vate enterprise models to contain program cost
growth, through enhanced utilization of private
plans, pharmacy benefit managers, and other meth-
ods currently being used to contain private sector
health-care costs;
(7) make recommendations on the financing of
prescription drug benefits currently covered under
medicaid programs, including analysis of the current
Federal manufacturer rebate program, its impact
upon both private market prices as well as those
paid by other government purchasers, recent State
efforts to negotiate additional supplemental manu-
(B) such entity meets the requirements of
subsection (a) with respect to such additional
New York recovery funds.
(2) SMALL BUSINESS PROCUREMENT GOALS.—
An entity meets the requirements of this paragraph
if such entity meets the requirements of subsection
(b) determined by substituting ‘‘25 percent’’ for ‘‘23
percent’’ in paragraph (1) thereof.
(3) LIMITATIONS.—
(A) MAXIMUM AMOUNT.—The amount of
any additional New York recovery funds pro-
vided under this subsection shall not exceed 2
percent of the amount of the New York recov-
ery funds to which the additional New York re-
covery funds is in addition.
(B) NO
ADDITIONS
TO
ADDITIONS.—No
additional New York recovery funds provided
under this subsection shall be treated as New
York recovery funds for purposes of paragraph
(1).
(e) DEFINITIONS.—For purposes of this section:
(1) NEW YORK RECOVERY FUNDS.—The term
‘‘New York recovery funds’’ means any grant or
other provision of funds by a Federal department or
agency (except procurements by such department or
agency) to a non-Federal entity for the purpose of
improving or reconstructing the area in New York
damaged by the terrorist attacks perpetrated against
the United States on September 11, 2001.
(2) NEW
YORK
RECOVERY
CONTRACT.—The
term ‘‘New York recovery contract’’ means, with re-
spect to any New York recovery funds, any prime
contract for goods or services if—
(A) such contract is awarded for the pur-
pose of improving or reconstructing the area in
New York damaged by the terrorist attacks per-
petrated against the United States on Sep-
tember 11, 2001, by the entity which received
such funds; and
(B) any portion of such contract is funded
by such funds.
(3) NEW YORK CITY METROPOLITAN AREA.—
The term ‘‘New York City metropolitan area’’ means
Bronx, Delaware, Dutchess, Kings, Nassau, New
York, Orange, Putnam, Queens, Richmond, Rock-
land, Suffolk, Sullivan, Ulster, and Westchester
counties in the State of New York.
(4) NON-FEDERAL
ENTITY.—The term ‘‘non-
Federal entity’’ means any person, municipality,
State or political subdivision thereof, or other entity,
except such term does not include any Federal de-
partment or agency.
(5) SMALL
BUSINESS
CONCERN.—The term
‘‘small business concern’’ has the meaning given
such term in section 3(a) of the Small Business Act
(15 U.S.C. 632(a)).
(6) SMALL
BUSINESS
CONCERN
OWNED
AND
CONTROLLED BY SOCIALLY AND ECONOMICALLY DIS-
ADVANTAGED INDIVIDUALS.—The term ‘‘small busi-
ness concern owned and controlled by socially and
economically disadvantaged individuals’’ has the
meaning given such term in section 8(d)(3)(C) of
the Small Business Act (15 U.S.C. 637(d)(3)(C)).
(7) SMALL
BUSINESS
CONCERN
OWNED
AND
CONTROLLED BY WOMEN.—The term ‘‘small busi-
ness concern owned and controlled by women’’ has
the meaning given such term in section 3(n) of the
Small Business Act (15 U.S.C. 632(n)).
Æ