datamatters24/research-document-archive huggingface dataset:
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Drug Import Fairness
Act of 2000’’.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Pharmacists, patients, and other persons
sometimes have reason to import into the United
States drugs that have been approved by the Food
and Drug Administration (‘‘FDA’’).
(2) There have been circumstances in which—
(A) a person seeking to import such a drug
has received a notice from FDA that importing
the drug violates or may violate the Federal
Food, Drug, and Cosmetic Act; and
(B) the notice failed to inform the person
of the reasons underlying the decision to send
the notice.
(3) FDA should not send a warning notice re-
garding the importation of a drug without providing
to the person involved a statement of the underlying
reasons for the notice.
SEC. 3. CLARIFICATION OF CERTAIN RESPONSIBILITIES OF
FOOD AND DRUG ADMINISTRATION WITH RE-
SPECT TO IMPORTATION OF DRUGS INTO
UNITED STATES.
Section 801 of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 381) is amended by adding at the end the
following subsection:
‘‘(g)(1) With respect to a drug being imported or of-
fered for import into the United States, the Secretary may
not send a warning notice to a person (including a phar-
macist or wholesale importer) unless the following condi-
tions are met:
‘‘(A) The notice specifies, as applicable to the
importation of the drug, that the Secretary has
made a determination that—
‘‘(i) importation is in violation of section
801(a) because the drug is or appears to be
adulterated, misbranded, or in violation of sec-
tion 505;
‘‘(ii) importation is in violation of section
801(a) because the drug is forbidden or re-
stricted in sale in the country in which it was
produced or from which it was exported;
‘‘(iii) importation by any person other than
the manufacturer of the drug is in violation of
section 801(d); or
‘‘(iv) importation is otherwise in violation
of Federal law.
‘‘(B) The notice does not specify any provision
described in subparagraph (A) that is not applicable
to the importation of the drug.
‘‘(C) The notice states the reasons underlying
such determination by the Secretary, including a
brief application to the principal facts involved of the
provision of law described in subparagraph (A) that
is the basis of the determination by the Secretary.
‘‘(2) The term ‘warning notice’, with respect to the
importation of a drug, means a communication from the
Secretary (written or otherwise) notifying a person, or
clearly suggesting to the person, that importing the drug
is, or appears to be, a violation of this Act.’’.
Passed the House of Representatives June 29 (legis-
lative day, June 28), 2000.
Attest:
Clerk.
IIB
106TH CONGRESS
2D SESSION
H. R. 3240
IN THE SENATE OF THE UNITED STATES
JUNE 29, 2000
Received; read twice and referred to the Committee on Health, Education,
Labor, and Pensions
AN ACT
To amend the Federal Food, Drug, and Cosmetic Act to
clarify certain responsibilities of the Food and Drug Ad-
ministration with respect to the importation of drugs
into the United States.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
HR 3240 RFS
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Drug Import Fairness
Act of 2000’’.
SEC. 2. FINDINGS.
The Congress finds as follows:
(1) Pharmacists, patients, and other persons
sometimes have reason to import into the United
States drugs that have been approved by the Food
and Drug Administration (‘‘FDA’’).
(2) There have been circumstances in which—
(A) a person seeking to import such a drug
has received a notice from FDA that importing
the drug violates or may violate the Federal
Food, Drug, and Cosmetic Act; and
(B) the notice failed to inform the person
of the reasons underlying the decision to send
the notice.
(3) FDA should not send a warning notice re-
garding the importation of a drug without providing
to the person involved a statement of the underlying
reasons for the notice.
HR 3240 RFS
SEC. 3. CLARIFICATION OF CERTAIN RESPONSIBILITIES OF
FOOD AND DRUG ADMINISTRATION WITH RE-
SPECT TO IMPORTATION OF DRUGS INTO
UNITED STATES.
Section 801 of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 381) is amended by adding at the end the
following subsection:
‘‘(g)(1) With respect to a drug being imported or of-
fered for import into the United States, the Secretary may
not send a warning notice to a person (including a phar-
macist or wholesale importer) unless the following condi-
tions are met:
‘‘(A) The notice specifies, as applicable to the
importation of the drug, that the Secretary has
made a determination that—
‘‘(i) importation is in violation of section
801(a) because the drug is or appears to be
adulterated, misbranded, or in violation of sec-
tion 505;
‘‘(ii) importation is in violation of section
801(a) because the drug is forbidden or re-
stricted in sale in the country in which it was
produced or from which it was exported;
‘‘(iii) importation by any person other than
the manufacturer of the drug is in violation of
section 801(d); or
‘‘1108a. Health care coverage through Federal Employees Health Benefits pro-
gram: retirees and dependents.’’.
(2) Chapter 89 of title 5, United States Code, is
amended in section 8905(d) by inserting ‘‘or 1108a’’ after
‘‘section 1108’’.
Æ
HR 3240 RFS
‘‘(iv) importation is otherwise in violation
of Federal law.
‘‘(B) The notice does not specify any provision
described in subparagraph (A) that is not applicable
to the importation of the drug.
‘‘(C) The notice states the reasons underlying
such determination by the Secretary, including a
brief application to the principal facts involved of the
provision of law described in subparagraph (A) that
is the basis of the determination by the Secretary.
‘‘(2) The term ‘warning notice’, with respect to the
importation of a drug, means a communication from the
Secretary (written or otherwise) notifying a person, or
clearly suggesting to the person, that importing the drug
is, or appears to be, a violation of this Act.’’.
Passed the House of Representatives June 29 (legis-
lative day, June 28), 2000.
Attest:
JEFF TRANDAHL,
Clerk.
I
106TH CONGRESS
1ST SESSION
H. R. 3241
To direct the Secretary of the Interior to recalculate the franchise fee owed
by Fort Sumter Tours, Inc., a concessioner providing service to Fort
Sumter National Monument in South Carolina, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 5, 1999
Mr. SANFORD introduced the following bill; which was referred to the
Committee on Resources
A BILL
To direct the Secretary of the Interior to recalculate the
franchise fee owed by Fort Sumter Tours, Inc., a conces-
sioner providing service to Fort Sumter National Monu-
ment in South Carolina, 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. RECALCULATION OF FEES; ARBITRATION.
(a) IN GENERAL.—Not later than 30 days after the
date of the enactment of this Act, the Secretary of the
Interior shall recalculate the franchise fee allegedly owed
by Fort Sumter Tours, Inc., a concessioner providing serv-
ice to Fort Sumter National Monument in South Carolina.
(b) ARBITRATION.—
(1) IN
GENERAL.—If the recalculation con-
ducted pursuant to subsection (a) is not acceptable
to Fort Sumter Tours, Inc., the amount of the fran-
chise fee owed shall be determined through binding
arbitration as required by section 407 of the Na-
tional Parks Omnibus Management Act of 1998
(P.L. 105–391; 112 Stat. 3511). Such binding arbi-
tration shall commence not later than 30 days after
notification by Fort Sumter Tours, Inc. to the Sec-
retary that the recalculation is unacceptable.
(2) DEADLINE FOR DECISION.—The binding ar-
bitration referred to in paragraph (1) shall be com-
pleted and a decision rendered not later than 240
days after its commencement.
(3) SELECTION OF ARBITRATORS.—
(A) AGREEMENT ON ARBITRATOR.—An ar-
bitrator under this section shall be mutually
agreed upon by the Secretary and Fort Sumter
Tours, Inc.
(B) PANEL.—If either the Secretary or
Fort Sumter Tours, Inc. declares that the par-
ties are unable to agree upon an arbitrator,
then, not later than 30 days after the com-
mencement of the arbitration, the Secretary
and Fort Sumter Tours, Inc. shall each select
an arbitrator. Not later than 10 days after the
second arbitrator is chosen under the previous
sentence, the 2 arbitrators chosen under that
sentence shall select a third arbitrator and the
3 arbitrators shall preside over the arbitration.
(4) APPLICABLE LAW.—The laws applicable to
arbitration under this subsection shall be the laws
applicable to franchise fee determinations in effect
at the beginning of the period for which the fran-
chise fees would be payable. Previous decisions re-
garding the franchise fee dispute which is the sub-
ject of the arbitration may not be introduced into
evidence or considered by the arbitrators for any
purpose.
(5) FEES AND COSTS.—The arbitrator(s) shall
award Fort Sumter Tours, Inc. reasonable attor-
ney’s fees and costs for all proceedings involving the
disputed franchise fee consistent with section 504 of
title 5, United States Code, and section 2412 of title
28, United States Code.
Æ
I
106TH CONGRESS
1ST SESSION
H. R. 3242
To delay the effective date of the final rule regarding the Organ Procurement
and Transplantation Network.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 5, 1999
Mr. SCARBOROUGH (for himself and Mrs. THURMAN) introduced the following
bill; which was referred to the Committee on Commerce
A BILL
To delay the effective date of the final rule regarding the
Organ Procurement and Transplantation Network.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. NULLIFICATION AND REQUIREMENT FOR FUR-
THER RULEMAKING.
(a) LIMITATION.—Notwithstanding any other provi-
sion of law, the final rule relating to the Organ Procure-
ment and Transplantation Network, promulgated by the
Secretary of Health and Human Services and published
in the Federal Register on April 2, 1998 (63 Fed. Reg.
16296 et seq. adding part 121 to title 42, Code of Federal
Regulations) and amended on October 20, 1999 (64 Fed.
Reg. 56649 et seq.), shall have no force or legal effect.
(b) NO IMPLEMENTATION OR AUTHORITY.—The Sec-
retary of Health and Human Services shall not implement
or exercise additional regulatory authority with respect to
the Organ Procurement and Transplantation Network, as
well as regulatory authority under sections 1102, 1106,
1138, and 1871 of the Social Security Act (42 U.S.C.
1302, 1306, 1320b-8, and 1395hh), prior to the date of
enactment of amendments to reauthorize and revise part
H of title III of the Public Health Service Act (42 U.S.C.
273 et seq.).
Æ
HR 3244 EAS
(9) Trafficking includes all the elements of the
crime of forcible rape, when it involves the involun-
tary participation of another person in sex acts by
means of fraud, force, or coercion.
(10) Trafficking also involves violations of other
laws, including labor and immigration codes and
laws against kidnapping, slavery, false imprisonment,
assault, battery, pandering, fraud, and extortion.
(11) Trafficking exposes victims to serious health
risk. Women and children trafficked into the sex in-
dustry are exposed to deadly diseases, including HIV
and AIDS. Trafficking victims are sometimes worked
or physically brutalized to death.
(12) Trafficking in persons involving slavery-like
labor practices substantially affects interstate and for-
eign commerce. The United States must take action to
eradicate the substantial burdens on commerce that
result from trafficking in persons and to prevent the
channels of commerce from being used for immoral
and injurious purposes.
(13) Trafficking of persons is an evil requiring
concerted and vigorous action by countries of origin,
transit or destination, and by international organiza-
tions.
The preceding sentence shall not apply to any amount
under subsection (d) other than the $25,000 amount
under paragraph (1)(A) of such subsection.’’.
Æ
State and for coastal political subdivisions are authorized
to be used only for one or more of the following purposes:
(1) Data collection, including but not limited to
fishery or marine mammal stock surveys in State
waters or both, cooperative State, interstate, and
Federal fishery or marine mammal stock surveys or
both, cooperative initiatives with University and pri-
vate entities for fishery and marine mammal sur-
veys, activities related to marine mammal and fish-
ery interactions, and other coastal living marine re-
sources surveys.
(2) The conservation, restoration, enhancement,
or creation of coastal habitats.
(3) Cooperative Federal or State enforcement of
marine resources management statutes.
(4) Fishery observer coverage programs in
State or Federal waters.
(5) Invasive, exotic, and nonindigenous species
identification and control.
(6) Coordination and preparation of cooperative
fishery conservation and management plans between
States including the development and implementa-
tion of population surveys, assessments and moni-
toring plans, and the preparation and implementa-
HR 4837 RH 
ate all operations and maintenance expenditures for each 
individual general or flag officer quarters for the prior fis-
cal year. 
SEC. 126. None of the funds made available in this 
Act may be transferred to any department, agency, or in-
strumentality of the United States Government, except 
pursuant to a transfer made by, or transfer authority pro-
vided in, this Act or any other appropriation Act. 
SEC. 127. None of the funds made available in this 
Act under the heading ‘‘North Atlantic Treaty Organiza-
tion Security Investment Program’’, and no funds appro-
priated for any fiscal year before fiscal year 2005 for that 
program that remain available for obligation, may be obli-
gated or expended for the conduct of studies of missile 
defense. 
SEC. 128. Whenever the Secretary of Defense or any 
other official of the Department of Defense is requested 
by the chairman of the Subcommittee on Military Con-
struction of the Committee on Appropriations of the 
House of Representatives to respond to a question or in-
quiry submitted by the chairman or another member of 
that subcommittee pursuant to a subcommittee hearing or 
other activity, the Secretary (or other official) shall re-
spond to the request, in writing, within 21 days of the
HR 4837 RH 
date on which the request is transmitted to the Secretary 
(or other official). 
SEC. 129. Section 2883(g)(1) of title 10, United 
States Code, is amended by striking ‘‘$850,000,000’’ and 
inserting ‘‘$1,350,000,000’’. The amendment made by 
this section shall not be subject to scoring for purposes 
of the Congressional Budget and Impoundment Control 
Act of 1974. 
SEC. 130. The fitness center at Homestead Air Re-
serve Base, Florida, shall be known and designated as the 
‘‘Sam Johnson Fitness Center’’. Any reference to such fa-
cility in any law, regulation, map, document, record, or 
other paper of the United States shall be considered to 
be a reference to the Sam Johnson Fitness Center. 
This Act may be cited as the ‘‘Military Construction 
Appropriations Act, 2005’’.
SEC. 2. REDUCED PBGC PREMIUM FOR NEW PLANS OF
SMALL EMPLOYERS.
(a) IN GENERAL.—Subparagraph (A) of section
4006(a)(3) of the Employee Retirement Income Security
Act of 1974 (29 U.S.C. 1306(a)(3)(A)) is amended—
(1) in clause (i), by inserting ‘‘other than a new
single-employer plan (as defined in subparagraph
(F)) maintained by a small employer (as so de-
fined),’’ after ‘‘single-employer plan,’’,
(2) in clause (iii), by striking the period at the
end and inserting ‘‘, and’’, and
(3) by adding at the end the following new
clause:
‘‘(iv) in the case of a new single-employer plan
(as defined in subparagraph (F)) maintained by a
small employer (as so defined) for the plan year, $5
for each individual who is a participant in such plan
during the plan year.’’.
(b) 
DEFINITION
OF
NEW
SINGLE-EMPLOYER
PLAN.—Section 4006(a)(3) of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1306(a)(3)) is
amended by adding at the end the following new subpara-
graph:
‘‘(F)(i) For purposes of this paragraph, a single-em-
ployer plan maintained by a contributing sponsor shall be
treated as a new single-employer plan for each of its first
subsection (b)) shall apply to covered gifts and be-
quests (as defined in section 2681 of such Code, as
so added) received on or after the date of action by
the Committee on Ways and Means on this Act, re-
gardless of when the transferor expatriated.
Æ
retary administering the acquisition, by not later than 30
days after the date the Secretaries submit the list under
subsection (e) for the fiscal year, provides notice of the
proposed acquisition—
‘‘(1) in writing to each Member of and each
Delegate and Resident Commissioner to the Con-
gress elected to represent any area in which is
located—
‘‘(A) the land; or
‘‘(B) any part of any federally designated
unit that includes the land;
‘‘(2) in writing to the Governor of the State in
which the land is located;
‘‘(3) in writing to each State political subdivi-
sion having jurisdiction over the land; and
‘‘(4) by publication of a notice in a newspaper
that is widely distributed in the area under the juris-
diction of each such State political subdivision, that
includes a clear statement that the Federal Govern-
ment intends to acquire an interest in land.
‘‘(g) COMPLIANCE WITH REQUIREMENTS UNDER
FEDERAL LAWS.—
‘‘(1) IN GENERAL.—The Federal portion for a
fiscal year may not be used to acquire any interest
in land or water unless the following have occurred:
HR 3244 IH
of legislation to prohibit and punish acts of trafficking,
investigation and prosecution of traffickers, and facilities,
programs, and activities for the protection of victims.
SEC. 10. ACTIONS AGAINST GOVERNMENTS FAILING TO
MEET MINIMUM STANDARDS.
(a) STATEMENT OF POLICY.—It is the policy of the
United States not to provide nonhumanitarian foreign as-
sistance to countries which do not meet minimum stand-
ards for the elimination of trafficking.
(b) REPORTS TO CONGRESS.—
(1) ANNUAL REPORT.—Not later than April 30
of each year, the Secretary of State shall submit to
the appropriate congressional committees a report
with respect to the status of severe forms of traf-
ficking in persons which shall include a list of those
countries, if any, to which the minimum standards
for the elimination of trafficking under section 8 are
applicable and which do not meet such standards,
and which may include additional information, in-
cluding information about efforts to combat traf-
ficking and about countries which have taken appro-
priate actions to combat trafficking.
(2) INTERIM REPORTS.—The Secretary of State
may submit to the appropriate congressional com-
mittees in addition to the annual report under sub-
tion 7(a) there are authorized to be appropriated to the
Secretary of State $5,000,000 for fiscal year 2000 and
$10,000,000 for fiscal year 2001.
(d) AUTHORIZATION OF APPROPRIATIONS TO ATTOR-
NEY GENERAL.—To carry out the purposes of section 7(b)
there are authorized to be appropriated to the Attorney
General $5,000,000 for fiscal year 2000 and $10,000,000
for fiscal year 2001.
(e) AUTHORIZATION OF APPROPRIATIONS TO PRESI-
DENT.—
(1) FOREIGN
VICTIM
ASSISTANCE.—To carry
out the purposes of section 6 there are authorized to
be appropriated to the President $5,000,000 for fis-
cal year 2000 and $10,000,000 for fiscal year 2001.
(2) ASSISTANCE
TO
FOREIGN
COUNTRIES
TO
MEET MINIMUM STANDARDS.—To carry out the pur-
poses of section 9 there are authorized to be appro-
priated to the President $5,000,000 for fiscal year
2000 and $10,000,000 for fiscal year 2001.
(f) AUTHORIZATION OF APPROPRIATIONS TO THE
SECRETARY OF LABOR.—To carry out the purposes of
section 7(b) there are authorized to be appropriated to the
Secretary of Labor $5,000,000 for fiscal year 2000 and
$10,000,000 for fiscal year 2001.
Passed the House of Representatives May 9, 2000.
Attest:
Clerk.
HR 3244 IH
(A) take all appropriate measures to en-
sure that these sentencing guidelines and policy
statements applicable to the offenses described
in paragraph (1) of this subsection are suffi-
ciently stringent to deter and adequately reflect
the heinous nature of such offenses;
(B) consider conforming the sentencing
guidelines applicable to offenses involving traf-
ficking in persons to the guidelines applicable to
peonage, involuntary servitude, and slave trade
offenses; and
(C) consider providing sentencing enhance-
ments for those convicted of the offenses de-
scribed in paragraph (1) of this subsection
that—
(i) involve a large number of victims;
(ii) involve a pattern of continued and
flagrant violations;
(iii) involve the use or threatened use
of a dangerous weapon; or
(iv) result in the death or bodily in-
jury of any person.
(3) The Commission may promulgate the guide-
lines or amendments under this subsection in ac-
cordance with the procedures set forth in section
HR 3244 IH
tries of origin, transit, and destination, thereby
threatening the rule of law.
(8) Traffickers often make representations to
their victims that physical harm may occur to them
or to others should the victim escape or attempt to
escape. Such representations can have the same co-
ercive effects on victims as specific threats to inflict
such harm.
(9) Sex trafficking, when it involves the invol-
untary participation of another person in sex acts by
means of fraud, force, or coercion, includes all the
elements of the crime of forcible rape, which is de-
fined by all legal systems as among the most serious
of all crimes.
(10) Sex trafficking also involves frequent and
serious violations of other laws, including labor and
immigration codes and laws against kidnapping,
slavery, false imprisonment, assault, battery, pan-
dering, fraud, and extortion.
(11) Women and children trafficked into the
sex industry are exposed to deadly diseases, includ-
ing HIV and AIDS. Trafficking victims are some-
times worked or physically brutalized to death.
(12) Trafficking in persons substantially affects
interstate and foreign commerce. The United States
HR 3244 IH
must take action to eradicate the substantial bur-
dens on commerce that result from trafficking in
persons and to prevent the channels of commerce
from being used for immoral and injurious purposes.
(13) Trafficking of persons in all its forms is
an evil that calls for concerted and vigorous action
by countries of origin, transit countries, receiving
countries, and international organizations.
(14) Existing legislation and law enforcement in
the United States and in other nations around the
world have proved inadequate to deter trafficking
and to bring traffickers to justice, principally be-
cause such legislation and enforcement do not reflect
the gravity of the offenses involved. No comprehen-
sive law exists in the United States that penalizes
the range of offenses involved in the trafficking
scheme. Instead, even the most brutal instances of
forcible sex trafficking are often punished under
laws that also apply to far less serious offenses such
as consensual sexual activity and illegal immigration,
so that traffickers typically escape severe punish-
ment.
(15) In the United States, the seriousness of
the crime of trafficking in persons is not reflected in
current sentencing guidelines for component crimes