datamatters24/research-document-archive huggingface dataset:
SEC. 205. JUDICIAL REVIEW.
(a) IN GENERAL.—An action of the Secretary under
this title is not subject to judicial review until the Sec-
retary has made or failed to make a compliance determina-
tion under section 203(a) that has adversely affected the
person seeking the review. An action for review may only
be brought in the United States District Court for the Dis-
trict of Columbia. In an action seeking review of such de-
termination the person seeking review—
(1) shall have the burden of demonstrating the
actual reduction of the manufacturer’s child tobacco
use level; and
(2) may prevail only to the extent that the per-
son demonstrates that such reduction is different
than the reduction the Secretary used in making
such determination.
(b) NO STAY.—Section 705 of title 5, United States
Code, shall not apply with respect to any action under sub-
section (a).
(c) INTEREST.—If the judgment of a court in an ac-
tion under subsection (a) results in the reduction of a pay-
ment paid by a manufacturer under section 204, the man-
ufacturer shall be paid from the account referred to in
such section an amount equal to the amount of such re-
duction and interest on such amount. If the judgment of
a court in an action under subsection (a) results in the
HR 4040 RFS
‘‘(A) a detailed statement of the benefits
offered (including any maximums, limitations,
exclusions, and other definitions of benefits);
‘‘(B) the premiums charged (including any
limitations or other conditions on their subse-
quent adjustment);
‘‘(C) the terms of the enrollment period;
and
‘‘(D) such other terms and conditions as
may be mutually agreed to by the Office and
the carrier involved, consistent with the require-
ments of this chapter.
‘‘(2) PREMIUMS.—Premiums charged under
each master contract entered into under this section
shall reasonably and equitably reflect the cost of the
benefits provided, as determined by the Office. The
premiums shall not be adjusted during the term of
the contract unless mutually agreed to by the Office
and the carrier.
‘‘(3) 
NONRENEWABILITY.—Master 
contracts
under this chapter may not be made automatically
renewable.
‘‘(c) PAYMENT OF REQUIRED BENEFITS; DISPUTE
RESOLUTION.—
‘‘(3) GUARANTEED
ISSUE.—Nothing in this
chapter shall be considered to require that long-term
care insurance coverage be guaranteed to an eligible
individual.
‘‘(4) REQUIREMENT THAT CONTRACT BE FULLY
INSURED.—In addition to the requirements otherwise
applicable under section 9001(9), in order to be con-
sidered a qualified long-term care insurance contract
for purposes of this chapter, a contract must be fully
insured, whether through reinsurance with other com-
panies or otherwise.
‘‘(5) HIGHER STANDARDS ALLOWABLE.—Nothing
in this chapter shall, in the case of an individual ap-
plying for long-term care insurance coverage under
this chapter after the expiration of such individual’s
first opportunity to enroll, preclude the application of
underwriting standards more stringent than those
that would have applied if that opportunity had not
yet expired.
‘‘(e) GUARANTEED RENEWABILITY.—The benefits and
coverage made available to eligible individuals under any
insurance contract under this chapter shall be guaranteed
renewable (as defined by section 7A(2) of the model regula-
tions described in section 7702B(g)(2) of the Internal Rev-
enue Code of 1986), including the right to have insurance
I
106TH CONGRESS
2D SESSION
H. R. 4044
To amend the Internal Revenue Code of 1986 to allow all taxpayers a
credit against income tax for up to $200 of charitable contributions.
IN THE HOUSE OF REPRESENTATIVES
MARCH 21, 2000
Mr. BURTON of Indiana (for himself and Mr. PAUL) 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 all
taxpayers a credit against income tax for up to $200
of charitable contributions.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Charitable Giving Act
of 2000’’.
SEC. 2. CREDIT FOR CERTAIN CHARITABLE CONTRIBU-
TIONS.
(a) GENERAL RULE.—Subpart B of part IV of sub-
chapter A of chapter 1 of the Internal Revenue Code of
1986 is amended by adding at the end the following new
section:
‘‘SEC. 30B. CREDIT FOR CERTAIN CHARITABLE CONTRIBU-
TIONS.
‘‘(a) GENERAL RULE.—There shall be allowed as a
credit against the tax imposed by this chapter for the tax-
able year an amount equal to the charitable contributions
(as defined in section 170(c)) made in cash by taxpayer
during the taxable year.
‘‘(b) MAXIMUM CREDIT.—The credit allowed by sub-
section (a) for any taxable year shall not exceed $200.
‘‘(c) LIMITATION BASED ON LIABILITY FOR TAX.—
The credit allowed by subsection (a) for any taxable year
shall not exceed the excess (if any) of—
‘‘(1) the regular tax for the taxable year re-
duced by the sum of the credits allowable under sub-
part A and the preceding sections of this subpart,
over
‘‘(2) the tentative minimum tax for the taxable
year.
‘‘(d) SPECIAL RULES.—
‘‘(1) CREDIT
IN
LIEU
OF
DEDUCTION.—The
credit provided by subsection (a) for any charitable
contribution shall be in lieu of any deduction other-
wise allowable under this chapter for such contribu-
tion.
‘‘(2) 
ELECTION
TO
HAVE
SECTION
NOT
APPLY.—A taxpayer may elect for any taxable year
to have this section not apply.’’
(b) CLERICAL AMENDMENT.—The table of sections
for subpart B of part IV of subchapter A of chapter 1
of such Code is amended by adding at the end thereof
the following new item:
‘‘Sec. 30B. Credit for certain charitable contributions.’’
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply to taxable years beginning after
December 31, 2000.
Æ
‘‘(A) catch of non-target fish species and
non-fish species;
‘‘(B) economic and regulatory discards in-
cluding discards of target species; and
‘‘(C) fish and non-fish species that are oth-
erwise killed or injured as a result of fishing.
Such term does not include target species of fish of
a recreational catch and release fishing program
that are released alive in accordance with that pro-
gram.’’.
(c) NATIONAL STANDARDS FOR FISHERY CONSERVA-
TION AND MANAGEMENT.—Section 301(a)(9) (16 U.S.C.
1859(a)(9)) is amended by striking ‘‘, to the extent prac-
ticable, (A) minimize’’ and insert ‘‘(A) avoid’’.
(d) REQUIRED PROVISIONS OF FISHERY MANAGE-
MENT PLANS.—Section 303(a) (16 U.S.C. 1853(a)) is
amended—
(1) by amending paragraph (11) to read as fol-
lows:
‘‘(11) establish and implement an accurate and
reliable standardized reporting methodology to as-
sess the amount and type of bycatch occurring in
the fishery within 1 year after the date of enactment
of the Fisheries Recovery Act of 2000, specify objec-
tive and measurable bycatch targets that reduce by-
I
106TH CONGRESS
2D SESSION
H. R. 4045
To amend the Violent Crime Control and Law Enforcement Act of 1994
to provide enhanced penalties for crimes of violence against children
under age 13.
IN THE HOUSE OF REPRESENTATIVES
MARCH 21, 2000
Mr. CUNNINGHAM (for himself, Mr. HAYES, Mr. PACKARD, and Mr. BILBRAY)
introduced the following bill; which was referred to the Committee on the
Judiciary
A BILL
To amend the Violent Crime Control and Law Enforcement
Act of 1994 to provide enhanced penalties for crimes
of violence against children under age 13.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as ‘‘Matthew’s Law’’.
SEC. 2. ENHANCED PENALTIES FOR CRIMES OF VIOLENCE
AGAINST CHILDREN UNDER AGE 13.
(a) IN GENERAL.—Title XVII of the Violent Crime
Control and Law Enforcement Act of 1994 is amended
by adding at the end the following:
‘‘Subtitle 
C—Enhanced 
Penalties
for Crimes of Violence Against
Children Under Age 13
‘‘SEC. 170301. ENHANCED PENALTIES FOR CRIMES OF VIO-
LENCE AGAINST CHILDREN UNDER AGE 13.
‘‘(a) IN GENERAL.—The United States Sentencing
Commission shall amend the Federal sentencing guidelines
to provide a sentencing enhancement of not less than 5
levels above the offense level otherwise provided for a
crime of violence, if the crime of violence is against a child.
‘‘(b) DEFINITIONS.—In this section—
‘‘(1) the term ‘crime of violence’ means any
crime punishable by imprisonment for a term ex-
ceeding one year that has as an element the use, at-
tempted use, or threatened use of physical force
against the person of another; and
‘‘(2) the term ‘child’ means a person who has
not attained 13 years of age at the time of the of-
fense.’’.
(b) CONFORMING REPEAL.—Section 240002 of such
Act (28 U.S.C. 994 note) is repealed.
(c) CLERICAL AMENDMENT.—The table of contents
of such Act is amended by striking the item relating to
subtitle C of title XVII and the items relating to sections
170301 through 170303 and inserting the following:
‘‘Subtitle C—Enhanced Penalties for Crimes of Violence Against Children
Under Age 13
‘‘Sec. 170301. Enhanced penalties for crimes of violence against children under
age 13.’’.
SEC. 3. FEDERAL BUREAU OF INVESTIGATION ASSISTANCE
AVAILABLE TO STATE OR LOCAL LAW AU-
THORITIES 
IN 
INVESTIGATING 
POSSIBLE
HOMICIDES OF CHILDREN UNDER THE AGE
OF 13.
To the maximum extent practicable, the Federal Bu-
reau of Investigation may provide to State and local law
enforcement authorities such assistance as such authori-
ties may require in investigating the death of an individual
who has not attained 13 years of age under circumstances
indicating that the death may have been a homicide.
Æ
HR 4840 RFS 
‘‘(B) does not actively participate in the 
management of such enterprise.’’. 
(iii) Paragraph (4) of section 461(i) of 
such Code is amended by striking ‘‘section 
464(c)’’ and inserting ‘‘subsection (j)’’. 
(C) Section 464 of such Code is amend-
ed— 
(i) by striking subsections (e) and (g) 
and redesignating subsections (d) and (f) 
as subsections (c) and (d), respectively, 
and 
(ii) by adding at the end the following 
new subsection: 
‘‘(e) FARMING.—For purposes of this section, the 
term ‘farming’ means the cultivation of land or the raising 
or harvesting of any agricultural or horticultural com-
modity including the raising, shearing, feeding, caring for, 
training, and management of animals. For purposes of the 
preceding sentence, trees (other than trees bearing fruit 
or nuts) shall not be treated as an agricultural or horti-
cultural commodity.’’. 
(D) Subsection (d) of section 464 of such 
Code, as redesignated by subparagraph (C), is 
amended—
HR 4840 RFS 
(i) by striking paragraph (1) and re-
designating paragraphs (2), (3), and (4) as 
paragraphs (1), (2), and (3), respectively, 
and 
(ii) by striking ‘‘SUBSECTIONS (a) 
AND (b) TO APPLY TO’’ in the subsection 
heading. 
(E) Subparagraph (A) of section 58(a)(2) 
of such Code is amended by striking ‘‘section 
464(c)’’ and inserting ‘‘section 461(j)’’. 
(25) DEDUCTIONS
LIMITED
TO
AMOUNT
AT 
RISK.—Paragraph (3) of section 465(c) of such 
Code is amended by striking ‘‘In the case of taxable 
years beginning after December 31, 1978, this’’ and 
inserting ‘‘This’’. 
(26) NUCLEAR DECOMMISSIONING COSTS.—Sec-
tion 468A(e)(2) of such Code is amended— 
(A) by striking ‘‘at the rate set forth in 
subparagraph (B)’’ in subparagraph (A) and in-
serting ‘‘at the rate of 20 percent’’, and 
(B) by striking subparagraph (B) and by 
redesignating subparagraphs (C) and (D) as 
subparagraphs (B) and (C), respectively. 
(27) PASSIVE ACTIVITY LOSSES AND CREDITS 
LIMITED.—
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Two Strikes and
You’re Out Child Protection Act’’.
SEC. 2. MANDATORY LIFE IMPRISONMENT FOR REPEAT
SEX OFFENDERS AGAINST CHILDREN.
Section 3559 of title 18, United States Code, is
amended by adding at the end the following new sub-
section:
‘‘(e) MANDATORY LIFE IMPRISONMENT
FOR RE-
PEATED SEX OFFENSES AGAINST CHILDREN.—
‘‘(1) IN GENERAL.—A person who is convicted
of a Federal sex offense in which a minor is the vic-
tim shall be sentenced to life imprisonment if the
person has a prior sex conviction in which a minor
was the victim, unless the sentence of death is im-
posed.
‘‘(2) DEFINITIONS.—For the purposes of this
subsection—
‘‘(A) the term ‘Federal sex offense’ means
an offense under section 2241 (relating to ag-
gravated sexual abuse); 2242 (relating to sexual
abuse); 2243 (relating to sexual abuse of a
minor or ward); 2244 (relating to abusive sex-
ual contact); 2245 (relating to sexual abuse re-
sulting in death); or 2251A (relating to selling
or buying of children); or an offense under sec-
tion 2423 (relating to transportation of minors)
involving the transportation of, or the engage-
ment in a sexual act with, an individual who
has not attained 16 years of age;
‘‘(B) the term ‘prior sex conviction’ means
a conviction for which the sentence was imposed
before the conduct occurred forming the basis
for the subsequent Federal sex offense, and
which was for either—
‘‘(i) a Federal sex offense; or
‘‘(ii) an offense under State law con-
sisting of conduct that would have been a
Federal sex offense if, to the extent or in
the manner specified in the applicable pro-
vision of title 18—
‘‘(I) the offense involved inter-
state or foreign commerce, or the use
of the mails; or
‘‘(II) the conduct occurred in any
commonwealth, territory, or posses-
sion of the United States, within the
special maritime and territorial juris-
diction of the United States, in a Fed-
eral prison, on any land or building
owned by, leased to, or otherwise used
by or under the control of the Govern-
ment of the United States, or in the
Indian country as defined in section
1151;
‘‘(C) the term ‘minor’ means any person
under the age of 18 years; and
‘‘(D) the term ‘State’ means a State of the
United States, the District of Columbia, and
any commonwealth, territory, or possession of
the United States.’’.
SEC. 3. TITLE 18 CONFORMING AND TECHNICAL AMEND-
MENTS.
(a) SECTION 2247.—Section 2247 of title 18, United
States Code, is amended by inserting ‘‘, unless section
3559(e) applies’’ before the final period.
(b) SECTION 2426.—Section 2426 of title 18, United
States Code, is amended by inserting ‘‘, unless section
3559(e) applies’’ before the final period.
(c) TECHNICAL AMENDMENTS.—Sections 2252(c)(1)
and 2252A(d)(1) of title 18, United States Code, are each
amended by striking ‘‘less than three’’ and inserting
‘‘fewer than 3’’.
Passed the House of Representatives July 25, 2000.
Attest:
Clerk.
I
106TH CONGRESS
2D SESSION
H. R. 4048
To amend the Internal Revenue Code of 1986 to allow a refundable credit
to individuals who donate their organs at death.
IN THE HOUSE OF REPRESENTATIVES
MARCH 21, 2000
Mr. HANSEN (for himself, Mrs. CUBIN, Ms. ROS-LEHTINEN, Mr. CANNON,
Mr. WOLF, and Mr. WELDON of Florida) 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
refundable credit to individuals who donate their organs
at death.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Gift of Life Tax Credit
Act of 2000’’.
SEC. 2. REFUNDABLE CREDIT FOR ORGAN DONATIONS.
(a) IN GENERAL.—Subpart C of part IV of sub-
chapter A of chapter 1 of the Internal Revenue Code of
1986 (relating to refundable credits) is amended by redes-
ignating section 35 as section 36 and by inserting after
section 34 the following new section:
‘‘SEC. 35. ORGAN DONATIONS.
‘‘(a) IN GENERAL.—In the case of an eligible indi-
vidual, there shall be allowed as a credit against the tax
imposed by this subtitle the amount of $10,000 for the
taxable year which includes the date of the individual’s
death.
‘‘(b) ELIGIBLE INDIVIDUAL.—For purposes of this
section, the term ‘eligible individual’ means any individual
if any of such individual’s organs is donated at death for
transplantation under a program approved by the Sec-
retary of Health and Human Services.’’
(b) CONFORMING AMENDMENTS.—
(1) Paragraph (2) of section 1324(b) of title
31, United States Code, is amended by inserting be-
fore the period ‘‘, or from section 35 of such Code’’.
(2) The table of sections for subpart C of part
IV of subchapter A of chapter 1 of such Code is
amended by striking the last item and inserting the
following new items:
‘‘Sec. 35. Organ donations.
‘‘Sec. 36. Overpayments of tax.’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply to taxable years ending after the
date of the enactment of this Act.
Æ
HR 4051 PCS
‘‘SEC. 20355. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) AUTHORIZATIONS.—There are authorized to be
appropriated to carry out this subtitle—
‘‘(1) $10,000,000 for fiscal year 2001;
‘‘(2) $15,000,000 for fiscal year 2002;
‘‘(3) $20,000,000 for fiscal year 2003;
‘‘(4) $25,000,000 for fiscal year 2004; and
‘‘(5) $30,000,000 for fiscal year 2005.
‘‘(b) LIMITATIONS ON FUNDS.—
‘‘(1) USES OF FUNDS.—Funds made available
pursuant to this subtitle shall be used only to carry
out the purposes described in section 20352(b).
‘‘(2) NONSUPPLANTING REQUIREMENT.—Funds
made available pursuant to this section shall not be
used to supplant State funds, but shall be used to
increase the amount of funds that would, in the ab-
sence of Federal funds, be made available from
State sources.
‘‘(3) ADMINISTRATIVE COSTS.—Not more than
3 percent of the funds made available pursuant to
this section shall be available to the Attorney Gen-
eral for purposes of administration, research and
evaluation, technical assistance, and data collection.
‘‘(4) CARRYOVER OF APPROPRIATIONS.—Funds
appropriated pursuant to this section during any fis-
cal year shall remain available until expended.
I 
106TH CONGRESS 
2D SESSION 
H. R. 4054 
To provide States with loans to enable State entities or local governments 
within the States to make interest payments on qualified school construc-
tion bonds issued by the State entities or local governments, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 22, 2000 
Mrs. BIGGERT introduced the following bill; which was referred to the 
Committee on Education and the Workforce 
A BILL 
To provide States with loans to enable State entities or 
local governments within the States to make interest 
payments on qualified school construction bonds issued 
by the State entities or local governments, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Building, Renovating, 
Improving, and Constructing Kids’ Schools Act’’. 
SEC. 2. FINDINGS. 
Congress make the following findings: 
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I
106TH CONGRESS
1ST SESSION
H. R. 404
To amend title IX of the Education Amendments of 1972 to impose on
employers responsibility for conduct of their employees under certain
circumstances.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 19, 1999
Ms. NORTON (for herself and Ms. KILPATRICK) introduced the following bill;
which was referred to the Committee on Education and the Workforce
A BILL
To amend title IX of the Education Amendments of 1972
to impose on employers responsibility for conduct of their
employees under certain circumstances.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Student Protection
From Sexual Abuse Act of 1999’’.
SEC. 2. AMENDMENT.
Title IX of the Education Amendments of 1972 (20
U.S.C. 1681–1688) is amended by adding at the end the
following:
‘‘RESPONSIBILITY OF EMPLOYERS
‘‘SEC. 910. (a) Subject to subsection (b), an employer
shall be vicariously liable under this title to an individual
who is not an employee of such employer, for the conduct
of an employee if—
‘‘(1) such conduct would have violated this title
if engaged in by such employer; and
‘‘(2)(A) such employee was aided in accomplish-
ing such conduct by—
‘‘(i) the existence of an agency relationship
with such employer; or
‘‘(ii) the approval of such employer; or
‘‘(B) such employer—
‘‘(i) knew, or in the exercise of reasonable
care should have known, of such conduct; and
‘‘(ii) did not take action to cause the ces-
sation of such conduct.
‘‘(b) If the conduct referred to in subsection (a) of
an employee does not result in a tangible consequence to
the individual aggrieved by a violation of this title, it shall
be an affirmative defense to liability of an employer estab-
lished under subsection (a)(2)(A)(i) for damages that—
‘‘(1) such employer—
‘‘(A) communicated to such employee and
to the individual aggrieved by such violation,
such employer’s policy against conduct that
constitutes a violation of this title; and
‘‘(B) established, and made available to
such individual, complaint procedures to pre-
vent such conduct and such violation; and
‘‘(2) such individual did not use such proce-
dures to prevent the violation by which such individ-
ual is aggrieved.
‘‘(c) The court may award such legal and equitable
relief as may be appropriate for a claim established under
this section.’’.
Æ
I
106TH CONGRESS
2D SESSION
H. R. 4050
To amend the Internal Revenue Code of 1986 to provide that certain deduc-
tions of school bus owner-operators shall be allowable in computing
adjusted gross income.
IN THE HOUSE OF REPRESENTATIVES
MARCH 21, 2000
Mr. VITTER (for himself and Mr. BAKER) 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 provide
that certain deductions of school bus owner-operators
shall be allowable in computing adjusted gross income.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘School Bus Driver Tax
Fairness Act of 2000’’.
SEC. 2. DEDUCTIONS OF SCHOOL BUS OWNER-OPERATORS
ALLOWABLE 
IN 
COMPUTING 
ADJUSTED
GROSS INCOME.
(a) IN GENERAL.—Paragraph (2) of section 62(a) of
the Internal Revenue Code of 1986 (relating to certain
trade and business deductions of employees) is amended
by adding at the end thereof the following new subpara-
graph:
‘‘(D) CERTAIN EXPENSES OF SCHOOL BUS
OWNER-OPERATORS.—The deductions allowed
by part VI (section 161 and following) which
consist of expenses paid or incurred by the tax-
payer in connection with the performance by
the taxpayer of services as an employee while
driving a school bus (as defined in section
4221(d)(7)(C)) owned by the employee.’’
(b) EFFECTIVE DATE.—The amendments made by
this section shall apply to taxable years beginning after
December 31, 2000.
Æ
Union Calendar No. 407
106TH CONGRESS
2D SESSION
H. R. 4063
[Report No. 106–723]
A BILL
To establish the Rosie the Riveter/World War II
Home Front National Historical Park in the
State of California, and for other purposes.
JULY 11, 2000
Reported with amendments, committed to the Committee
on the Whole House on the State of the Union, and
ordered to be printed