datamatters24/research-document-archive huggingface dataset:
membership of that Indian child in the Indian tribe under
applicable tribal law or the basis for any assertion by the
tribe that the child meets the requirements of paragraph
(4)(C) of section 4.
‘‘(f) Any act or failure to act of an Indian tribe under
subsection (e) shall not—
‘‘(1) affect any placement preference or other
right of any individual under this Act;
‘‘(2) preclude the Indian tribe of the Indian
child that is the subject of an action taken by the
Indian tribe under subsection (e) from intervening in
a proceeding concerning that Indian child if a pro-
posed adoptive placement of that Indian child is
changed after that action is taken; or
‘‘(3) except as specifically provided in sub-
section (e), affect the applicability of this Act.
‘‘(g) Notwithstanding any other provision of law, no
proceeding for a voluntary termination of parental rights
or adoption of an Indian child may be conducted under
applicable State law before the date that is 30 days after
the tribe of the Indian child receives notice of that pro-
ceeding that was provided in accordance with the require-
ments of subsections (c) and (d).’’.
(B) 
by 
redesignating 
paragraphs 
(5)
through (9) as paragraphs (4) through (8), re-
spectively; and
(C) in paragraph (5) (as so redesignated),
by striking ‘‘the State or other place where the
oath is administered’’ and inserting ‘‘a State’’.
TITLE IV—MISCELLANEOUS
SEC. 401. RELATIONSHIP TO OTHER LAWS.
(a) IN GENERAL.—Any right or remedy established
by this Act is in addition to each other right and remedy
established by law.
(b) SPECIFIC LAWS.—Except as provided in section
102(a)(5), nothing in this title may be construed to au-
thorize or to require conduct prohibited under the fol-
lowing laws, or to supersede, to restrict, or to limit such
laws:
(1) The National Voter Registration Act of
1993 (42 U.S.C. 1973gg et seq.).
(2) The Voting Rights Act of 1965 (42 U.S.C.
1971 et seq.).
(3) The Rehabilitation Act of 1973 (42 U.S.C.
791 et seq.).
(4) The Americans with Disabilities Act of
1990 (42 U.S.C. 12101 et seq.).
Æ
I
107TH CONGRESS
1ST SESSION
H. R. 2641
To amend the Internal Revenue Code of 1986 to deny any deduction for
certain gifts and benefits provided to physicians by prescription drug
manufacturers.
IN THE HOUSE OF REPRESENTATIVES
JULY 25, 2001
Mr. STARK 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 deny any
deduction for certain gifts and benefits provided to physi-
cians by prescription drug manufacturers.
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 ‘‘Save Money for Pre-
scription Drug Research Act of 2001’’.
SEC. 2. FINDINGS.
The Congress finds that—
HR 2641 IH
(1) drug company expenditures on marketing
and administration are twice research and develop-
ment expenditures,
(2) 
the 
pharmaceutical 
industry 
annually
spends $12,000,000,000 promoting and marketing
their products, by way of meals, travel subsidies,
and other gifts to medical professionals,
(3) drug companies annually spend $8,000 to
$13,000 per physician on such promotions,
(4) the present extent of physician-industry
interactions appears to adversely affect prescribing
and professional behavior and should be further ad-
dressed at the level of policy and education, and
(5) research and development is a much more
needed expenditure by the pharmaceutical industry.
SEC. 3. DISALLOWANCE OF DEDUCTION FOR PHYSICIAN
GIFT EXPENSES OF PRESCRIPTION DRUG
MANUFACTURERS.
(a) GENERAL RULE.—Part IX of subchapter B of
chapter 1 of the Internal Revenue Code of 1986 (relating
to items not deductible) is amended by adding at the end
thereof the following new section:
HR 2641 IH
‘‘SEC. 280I. PHYSICIAN GIFT EXPENSES OF PRESCRIPTION
DRUG MANUFACTURERS.
‘‘(a) GENERAL RULE.—No deduction shall be allowed
under this chapter for any physician gift expense paid or
incurred by any prescription drug manufacturer.
‘‘(b) PHYSICIAN GIFT EXPENSE.—For purposes of
this section, the term ‘physician gift expense’ means any
gift provided directly or indirectly to or for the benefit of
a physician, including gifts of meals, sponsored teachings,
symposia, and travel, but not including product samples.
‘‘(c) PRESCRIPTION DRUG MANUFACTURER.—For
purposes of this section, the term ‘prescription drug man-
ufacturer’ means—
‘‘(1) any person engaged in the trade or busi-
ness of manufacturing or producing any prescription
drug, and
‘‘(2) any person who is a member of an affili-
ated group which includes a person described in
paragraph (1).
For purposes of the preceding sentence, the term ‘affili-
ated group’ means any affiliated group as defined in sec-
tion 1504 (determined without regard to paragraphs (3)
and (4) of 1504(b)).’’
(b) CLERICAL AMENDMENT.—The table of sections
for part IX of subchapter B of chapter 1 of such Code
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is amended by adding at the end thereof the following new
item:
‘‘Sec. 280I. Physician gift expenses of prescription drug manufac-
turers.’’
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply to amounts paid or incurred after
December 31, 2001.
Æ
‘‘(21) develop improved methods of serving indi-
viduals with mental illness, physical illness, disabil-
ities, substance abuse, or co-occurring disorders, to 
ensure that they remain stably housed; 
‘‘(22) promote collaboration between Federal, 
State and local agencies that are responsible for 
criminal justice, mental health, substance abuse 
treatment, medical care, employment training, and 
other systems of care that serve individuals who are 
chronically homeless to ensure that services are de-
livered in a coordinated manner that promotes hous-
ing stability; and 
‘‘(23) collaborate with the Department of Hous-
ing and Urban Development and the Health Re-
sources and Services Administration to develop a 
streamlined set of data collection, reporting, and 
performance measurements for programs that pro-
vide housing and services to homeless persons, and 
recommend to the Office of Management and Budg-
et a consistent set of performance standards for 
these programs consistent with the requirements of 
the Government Performance and Results Act.’’.
SEC. 4. GRANTS FOR SERVICES FOR CHRONICALLY HOME-
LESS INDIVIDUALS IN SUPPORTIVE HOUSING. 
Title V of the Public Health Service Act (42 U.S.C. 
290aa et seq.) is amended by adding at the end the fol-
lowing: 
‘‘PART J—GRANTS FOR SERVICES TO END 
CHRONIC HOMELESSNESS 
‘‘SEC. 596. GRANTS FOR SERVICES TO END CHRONIC HOME-
LESSNESS. 
‘‘(a) IN GENERAL.—
‘‘(1) GRANTS.—The Secretary shall make 
grants to entities described in paragraph (2) for the 
purpose of carrying out projects to provide the serv-
ices described in subsection (c) to chronically home-
less individuals in permanent supportive housing. 
‘‘(2) ELIGIBLE
ENTITIES.—For purposes of 
paragraph (1), an entity described in this paragraph 
is—
‘‘(A) a State or political subdivision of a 
State, an Indian tribe or tribal organization, or 
a public or nonprofit private entity, including a 
community-based or faith-based provider of 
homelessness services, health care, housing, or 
other services important to individuals experi-
encing chronic homelessness; or
‘‘(B) a consortium composed of entities de-
scribed in subparagraph (A), which consortium 
includes a public or nonprofit private entity 
that serves as the lead applicant and has re-
sponsibility for coordinating the activities of the 
consortium. 
‘‘(b) PRIORITIES.—In making grants under sub-
section (a), the Secretary shall give priority to applicants 
demonstrating that the applicants—
‘‘(1) target funds to individuals or families 
who—
‘‘(A) have been homeless for longer periods 
of time or have experienced more episodes of 
homelessness than are required to meet the def-
inition of chronic homelessness under this sec-
tion; 
‘‘(B) have high rates of utilization of emer-
gency public systems of care; or 
‘‘(C) have a history of interactions with 
law enforcement and the criminal justice sys-
tem; 
‘‘(2) have greater funding commitments from 
State or local government agencies responsible for 
overseeing mental health treatment, substance abuse 
treatment, medical care, and employment (including
‘‘(i) coordinate activities with States
that have organ and tissue donor registries
operated through a State agency to share
existing data; and
‘‘(ii) provide links between the Reg-
istry and such State agencies on an ongo-
ing basis.
‘‘(B) INITIAL 4-YEAR PERIOD.—The Sec-
retary, during the 4-year period after the date
of enactment of the Motor Donor Act, shall co-
ordinate activities with States to promote and
encourage the establishment of organ and tissue
donor registries through the motor vehicle driv-
er’s license process.
‘‘(2) ORGAN PROCUREMENT ORGANIZATIONS.—
The Secretary shall provide to each organ procure-
ment organization within the United States a means
by which the organization may promptly access the
Registry 24-hours a day using a password assigned
to the organization by the Secretary. In order to ob-
tain such a password, each such procurement orga-
nization shall designate staff members within the or-
ganization to receive the password and to access the
Registry.
‘‘(e) WEBSITE.—
least 1 member of the Task Force
shall have experience in organ pro-
curement.
‘‘(B) TERM.—
‘‘(i) IN
GENERAL.—Except as pro-
vided in this subparagraph, each member
of the Task Force shall be appointed for a
term of 3 years. Members of the Task
Force may be reappointed.
‘‘(ii) STAGGERED TERMS.—As so des-
ignated by the Secretary at the time of ap-
pointment, the terms of two of the initial
members shall expire at the end of 2 years.
‘‘(C) VACANCIES.—Any vacancy in the
Task Force shall not affect the Task Force’s
powers but shall be filled in the same manner
as the original appointment.
‘‘(3) FUNCTIONS.—
‘‘(A) PARTNERSHIP.—The Task Force
shall offer to enter into a partnership with the
Coalition on Donation (a national membership
organization with the sole purpose of increasing
organ and tissue donations) to incorporate into
the Coalition’s national awareness campaign an
shall take effect on the date of the enactment of this
Act.
(2) DEADLINE
FOR
PROMULGATION
OF
CER-
TAIN REGULATIONS.—The Secretary shall first issue
regulations under section 1874A(h) of the Social Se-
curity Act, as added by subsection (a), by not later
than 1 year after the date of the enactment of this
Act.
(3) APPLICATION
OF
STANDARD
PROTOCOLS
FOR
RANDOM
PREPAYMENT
REVIEW.—Section
1874A(h)(1) of the Social Security Act, as added by
subsection (a), shall apply to random prepayment re-
views conducted on or after such date (not later
than 1 year after the date of the enactment of this
Act) as the Secretary shall specify. The Secretary
shall develop and publish the standard protocol
under such section by not later than 1 year after the
date of the enactment of this Act.
SEC. 502. RECOVERY OF OVERPAYMENTS.
(a) IN GENERAL.—Section 1874A, as added by sec-
tion 301 and as amended by sections 302, 401(b)(1), 402,
and 501(a), is further amended by adding at the end the
following new subsection:
‘‘(i) RECOVERY OF OVERPAYMENTS.—
‘‘(1) USE OF REPAYMENT PLANS.—
Indian tribe and is considered by an Indian
tribe to be a part of its community;
‘‘(5) ‘Indian child’s tribe’ means—
‘‘(A) the Indian tribe in which an Indian
child is a member or eligible for membership;
‘‘(B) for an Indian child described in sub-
paragraph (C) of paragraph (4), an Indian
tribe that considers a child to be part of its
community; or
‘‘(C) in the case of an Indian child who is
a member of, eligible for membership in, or con-
sidered to be part of the community of, more
than 1 tribe, the Indian tribe with which the In-
dian child has the most significant contacts, un-
less the tribe with which the child has the most
significant contacts designates, with the consent
of the tribe to be designated as the child’s tribe,
another tribe in which the child is a member,
eligible for membership, or of which the child is
considered to be part of the community.’’.
SEC. 16. LICENSING OR APPROVAL QUALIFICATIONS FOR
ASSISTANCE.
The last sentence of section 201(b) of the Indian
Child Welfare Act of 1978 (25 U.S.C. 1931(b)) is amend-
ed by striking ‘‘For purposes’’ and inserting ‘‘Notwith-
standing any law or regulation to the contrary, for pur-
poses’’.
Æ
101
prepayment during fiscal year 1996 or a fiscal year there-
after or any insurance contract voluntary termination dur-
ing fiscal year 1996 or a fiscal year thereafter)’’.
SEC. 633. PREPAYMENT AND REFINANCING OF LOANS FOR
SECTION 202 SUPPORTIVE HOUSING.
(a) IN GENERAL.—Section 811 of the American
Homeownership and Economic Opportunity Act of 2000
(12 U.S.C. 1701q note) is amended by striking subsection
(e).
(b) EFFECTIVENESS UPON DATE OF ENACTMENT.—
The amendment made by subsection (a) of this section
shall take effect upon the date of the enactment of this
Act and the provisions of section 811 of the American
Homeownership and Economic Opportunity Act of 2000
(12 U.S.C. 1701q note), as amended by subsection (a) of
this section, shall apply as so amended upon such date
of enactment, notwithstanding—
(1) any authority of the Secretary of Housing
and Urban Development to issue regulations to im-
plement or carry out the amendments made by sub-
section (a) of this section or the provisions of section
811 of the American Homeownership and Economic
Opportunity Act of 2000 (12 U.S.C. 1701q note); or
149
Subtitle H—Other Programs
SEC. 271. WILDLIFE HABITAT INCENTIVES PROGRAM.
Section 387(c) of the Federal Agriculture Improve-
ment and Reform Act of 1996 (16 U.S.C. 3836a(c)) is
amended to read as follows:
‘‘(c) FUNDING.—To carry out this section, there shall
be made available $25,000,000 for each of fiscal years
2002 through 2011, from funds made available from the
Commodity Credit Corporation.’’.
SEC. 272. FARMLAND PROTECTION PROGRAM.
Section 388 of the Federal Agriculture Improvement
and Reform Act of 1996 (16 U.S.C. 3830 note) is amend-
ed to read as follows:
‘‘(c) FUNDING.—The Secretary shall use not more
than $50,000,000 of the funds of the Commodity Credit
Corporation in each of fiscal years 2002 through 2011 to
carry out this section.’’.
SEC. 273. RESOURCE CONSERVATION AND DEVELOPMENT
PROGRAM.
(a) PURPOSE.—Section 1528 of the Agriculture and
Food Act of 1981 (16 U.S.C. 3451) is amended—
(1) by striking the section heading and all that
follows through ‘‘SEC. 1528. It is the purpose’’ and
inserting the following:
101
HR 3061 PCS
prepayment during fiscal year 1996 or a fiscal year there-
after or any insurance contract voluntary termination dur-
ing fiscal year 1996 or a fiscal year thereafter)’’.
SEC. 633. PREPAYMENT AND REFINANCING OF LOANS FOR
SECTION 202 SUPPORTIVE HOUSING.
(a) IN GENERAL.—Section 811 of the American
Homeownership and Economic Opportunity Act of 2000
(12 U.S.C. 1701q note) is amended by striking subsection
(e).
(b) EFFECTIVENESS UPON DATE OF ENACTMENT.—
The amendment made by subsection (a) of this section
shall take effect upon the date of the enactment of this
Act and the provisions of section 811 of the American
Homeownership and Economic Opportunity Act of 2000
(12 U.S.C. 1701q note), as amended by subsection (a) of
this section, shall apply as so amended upon such date
of enactment, notwithstanding—
(1) any authority of the Secretary of Housing
and Urban Development to issue regulations to im-
plement or carry out the amendments made by sub-
section (a) of this section or the provisions of section
811 of the American Homeownership and Economic
Opportunity Act of 2000 (12 U.S.C. 1701q note); or
HR 3090 EAS
Extended Unemployment Compensation Act of 1970 (26
U.S.C. 3304 note).
SEC. 8. APPLICABILITY.
An agreement entered into under this Act shall apply
to weeks of unemployment—
(1) beginning after the date on which such agree-
ment is entered into; and
(2) ending before January 6, 2003.
Attest:
Secretary.
318
HR 2646 PCS
(b) REVIEW OF CERTAIN DECISIONS.—
(1) PLANT PROTECTION ACT.—Section 442 of
the Plant Protection Act (7 U.S.C. 7772) is amend-
ed by adding at the end following new subsection:
‘‘(f) SECRETARIAL DISCRETION.—The action of any
officer, employee, or agent of the Secretary in carrying
out this section, including determining the amount of and
making any payment authorized to be made under this
section, shall not be subject to review by any officer of
the Government other than the Secretary or the designee
of the Secretary.’’.
(2) OTHER PLANT AND ANIMAL PEST AND DIS-
EASE LAWS.—Section 11 of the Act of May 29, 1884
(21 U.S.C. 114a; commonly known as the ‘‘Animal
Industry Act’’) and the first section of the Act of
September 25, 1981 (7 U.S.C. 147b), are each
amended by adding at the end the following new
sentence: ‘‘The action of any officer, employee, or
agent of the Secretary in carrying out this section,
including determining the amount of and making
any payment authorized to be made under this sec-
tion, shall not be subject to review by any officer of
the Government other than the Secretary or the des-
ignee of the Secretary.’’.
SEC. 104. AVAILABILITY OF FIXED, DECOUPLED PAYMENTS.
(a) PAYMENT REQUIRED.—For each of the 2002
through 2011 crop years of each covered commodity, the
Secretary shall make fixed, decoupled payments to eligible
producers.
(b) PAYMENT RATE.—The payment rates used to
make fixed, decoupled payments with respect to covered
commodities for a crop year are as follows:
(1) Wheat, $0.53 per bushel.
(2) Corn, $0.30 per bushel.
(3) Grain sorghum, $0.36 per bushel.
(4) Barley, $0.25 per bushel.
(5) Oats, $0.025 per bushel.
(6) Upland cotton, $0.0667 per pound.
(7) Rice, $2.35 per hundredweight.
(8) Soybeans, $0.42 per bushel.
(9) Other oilseeds, $0.0074 per pound.
(c) PAYMENT AMOUNT.—The amount of the fixed,
decoupled payment to be paid to the eligible producers on
a farm for a covered commodity for a crop year shall be
equal to the product of the following:
(1) The payment rate specified in subsection
(b).
(2) The payment acres of the covered com-
modity on the farm.
commitments to provide Federal funds in accordance 
with subsection (e)(2)(B)(ii)); and 
‘‘(3) will provide for an increase in the number 
of units of permanent supportive housing that would 
serve chronically homeless individuals in the commu-
nity as a result of an award of a grant under sub-
section (a). 
‘‘(c) SERVICES.—The services referred to in sub-
section (a) are the following: 
‘‘(1) Services provided by the grantee or by 
qualified subcontractors that promote recovery and 
self-sufficiency and address barriers to housing sta-
bility, including but not limited to the following: 
‘‘(A) Mental health services, including 
treatment and recovery support services. 
‘‘(B) Substance abuse treatment and re-
covery support services, including counseling, 
treatment planning, recovery coaching, and re-
lapse prevention. 
‘‘(C) Integrated, coordinated treatment 
and recovery support services for co-occurring 
disorders. 
‘‘(D) Health education. 
‘‘(E) Referrals for medical and dental care.
‘‘(F) Benefits advocacy, and money man-
agement. 
‘‘(G) Life skills training. 
‘‘(H) Parental skills training and family 
support. 
‘‘(I) Self-help programs. 
‘‘(J) Engagement and motivational inter-
ventions. 
‘‘(K) Case management. 
‘‘(L) Other supportive services that pro-
mote an end to chronic homelessness. 
‘‘(2) Services, as described in paragraph (1), 
that are delivered to individuals and families who 
are chronically homeless and who are scheduled to 
become residents of permanent supportive housing 
within 90 days pending the location or development 
of an appropriate unit of housing. 
‘‘(3) For individuals and families who are oth-
erwise eligible, and who have voluntarily chosen to 
seek other housing opportunities after a period of 
tenancy in supportive housing, services, as described 
in paragraph (1), that are delivered, for a period of 
90 days after exiting permanent supportive housing 
or until the individuals have transitioned to com-
prehensive services adequate to meet their current
177
SEC. 303. EXPORT ENHANCEMENT PROGRAM.
Section 301(e)(1)(G) of the Agricultural Trade Act
of 1978 (7 U.S.C. 5651(e)(1)(G)) is amended by inserting
‘‘and for each fiscal year thereafter through fiscal year
2011’’ after ‘‘2002’’.
SEC. 304. FOREIGN MARKET DEVELOPMENT COOPERATOR
PROGRAM.
Section 703 of the Agricultural Trade Act of 1978
(7 U.S.C. 5723) is amended—
(1) by inserting ‘‘(a) PRIOR YEARS.—’’;
(2) by striking ‘‘2002’’ and inserting ‘‘2001’’;
and
(3) by adding at the end the following new sub-
section:
‘‘(b) FISCAL 2002 AND LATER.—For each of fiscal
years 2002 through 2011 there are authorized to be ap-
propriated such sums as may be necessary to carry out
this title, and, in addition to any sums so appropriated,
the Secretary shall use $35,000,000 of the funds of, or
an equal value of the commodities of, the Commodity
Credit Corporation to carry out this title.
SEC. 305. EXPORT CREDIT GUARANTEE PROGRAM.
(a) REAUTHORIZATION.—Section 211(b)(1) of the
Agricultural Trade Act of 1978 (7 U.S.C. 5641(b)(1)) is
amended by striking ‘‘2002’’ and inserting ‘‘2011’’.
184
section may be extended until the end of any transitional
benefit period established under section 11(s).’’.
(2) Section 6(c) of the Food Stamp Act of 1977 (7
U.S.C. 2015(c)) is amended by striking ‘‘No household’’
and inserting ‘‘Except in a case in which a household is
receiving transitional benefits during the transitional ben-
efits period under section 11(s), no household’’.
SEC. 404. QUALITY CONTROL SYSTEMS.
(a) TARGETED QUALITY CONTROL SYSTEM.—Sec-
tion 16(c) of the Food Stamp Act of 1977 (7 U.S.C.
2025(c)) is amended—
(1) in paragraph (1)(C)—
(A) in the matter preceding clause (i), by
inserting ‘‘the Secretary determines that a 95
percent statistical probability exists that for the
3d consecutive year’’ after ‘‘year in which’’; and
(B) in clause (i)(II)(aa) by striking ‘‘the
national performance measure for the fiscal
year’’ each place it appears and inserting ‘‘10
percent’’;
(2) in the 1st sentence of paragraph (4)—
(A) by striking ‘‘or claim’’ and inserting
‘‘claim’’; and
185
(B) by inserting ‘‘or performance under
the measures established under paragraph
(10),’’ after ‘‘for payment error,’’;
(3) in paragraph (5), by inserting ‘‘to comply
with paragraph (10) and’’ before ‘‘to establish’’;
(4) in the 1st sentence of paragraph (6), by in-
serting ‘‘one percentage point more than’’ after
‘‘measure that shall be’’; and
(5) by inserting at the end the following:
‘‘(10)(A) In addition to the measures established
under paragraph (1), the Secretary shall measure the per-
formance of State agencies in each of the following
regards—
‘‘(i) compliance with the deadlines established
under paragraphs (3) and (9) of section 11(e); and
‘‘(ii) the percentage of negative eligibility deci-
sions that are made correctly.
‘‘(B) For each fiscal year, the Secretary shall make
excellence bonus payments of $1,000,000 each to the 5
States with the highest combined performance in the 2
measures in subparagraph (A) and to the 5 States whose
combined performance under the 2 measures in subpara-
graph (A) most improved in such fiscal year.
‘‘(C) For any fiscal year in which the Secretary deter-
mines that a 95 percent statistical probability exists that