datamatters24/research-document-archive huggingface dataset:
I
105TH CONGRESS
1ST SESSION
H. R. 1065
To amend the Internal Revenue Code of 1986 to provide that the actual
deferral percentage test shall not apply in determining whether an ar-
rangement for restaurant employees is a qualified cash or deferred ar-
rangement.
IN THE HOUSE OF REPRESENTATIVES
MARCH 13, 1997
Mr. GILCHREST 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 the actual deferral percentage test shall not apply
in determining whether an arrangement for restaurant
employees is a qualified cash or deferred arrangement.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. ACTUAL DEFERRAL PERCENTAGE TEST NOT TO
APPLY 
IN 
DETERMINING 
WHETHER 
AR-
RANGEMENT FOR RESTAURANT EMPLOYEES
IS A QUALIFIED CASH OR DEFERRED AR-
RANGEMENT.
(a) IN GENERAL.—Paragraph (3) of section 401(k)
of the Internal Revenue Code of 1986 (relating to cash
or deferred arrangements) is amended by adding at the
end the following new subparagraph:
‘‘(G) SPECIAL RULE FOR RESTAURANT EM-
PLOYEES.—Clause (ii) of subparagraph (A)
shall not apply to an arrangement if substan-
tially all of the employees eligible to benefit
under the arrangement are employed in the
trade or business of providing food or beverages
for consumption by customers on the premises.’’
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply to years beginning after the date
of the enactment of this Act.
Æ
I
105TH CONGRESS
1ST SESSION
H. R. 1067
To prohibit the advertising of distilled spirits on radio and television.
IN THE HOUSE OF REPRESENTATIVES
MARCH 13, 1997
Mr. KENNEDY of Massachusetts (for himself, Mr. HANSEN, Mr. CONYERS,
Mr. BACHUS, Mr. DELLUMS, Mr. HINCHEY, Mr. MORAN of Virginia, Ms.
NORTON, 
Ms. 
JACKSON-LEE
of 
Texas, 
Ms. 
LOFGREN, 
Mr.
FALEOMAVAEGA, Mr. KASICH, Mr. FATTAH, Ms. KAPTUR, and Mr.
SMITH of New Jersey) introduced the following bill; which was referred
to the Committee on Commerce
A BILL
To prohibit the advertising of distilled spirits on radio and
television.
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 ‘‘Just Say No Act’’.
SEC. 2. ADVERTISING PROHIBITION.
(a) PROHIBITION.—It shall be unlawful to advertise
distilled spirits on any medium of electronic communica-
tion subject to the jurisdiction of the Federal Communica-
tions Commission.
(b) PENALTY.—Any person who violates subsection
(a) shall be subject to a fine of not more than $10,000.
Æ
I
105TH CONGRESS
1ST SESSION
H. R. 1068
To amend the Internal Revenue Code of 1986 to repeal the limitations
on the number of taxpayers who may have medical savings accounts.
IN THE HOUSE OF REPRESENTATIVES
MARCH 13, 1997
Mr. LIPINSKI (for himself, Mr. COSTELLO, and Mr. POSHARD) 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 repeal
the limitations on the number of taxpayers who may
have medical savings accounts.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. REPEAL OF LIMITATIONS ON NUMBER OF TAX-
PAYERS 
HAVING 
MEDICAL 
SAVINGS 
AC-
COUNTS.
(a) IN GENERAL.—Subsections (i) and (j) of section
220 of the Internal Revenue Code of 1986 (relating to
medical savings accounts) are hereby repealed.
HR 106 IH
SEC. 2. TEACHING HOSPITAL AND GRADUATE MEDICAL
EDUCATION TRUST FUND.
(a) IN GENERAL.—The Social Security Act (42
U.S.C. 300 et seq.) is amended by adding at the end the
following title:
‘‘TITLE XXI—TEACHING HOSPITAL AND
GRADUATE MEDICAL EDUCATION TRUST FUND
‘‘PART A—ESTABLISHMENT OF FUND
‘‘SEC. 2101. ESTABLISHMENT OF FUND.
‘‘(a) IN GENERAL.—There is established in the
Treasury of the United States a fund to be known as the
Teaching Hospital and Graduate Medical Education Trust
Fund (in this title referred to as the ‘Fund’), consisting
of amounts transferred to the Fund under subsection (c),
amounts appropriated to the Fund pursuant to sub-
sections (d) and (e)(3), and such gifts and bequests as
may be deposited in the Fund pursuant to subsection (f).
Amounts in the Fund are available until expended.
‘‘(b) EXPENDITURES FROM FUND.—Amounts in the
Fund are available to the Secretary for making payments
under section 2111.
‘‘(c) TRANSFERS TO FUND.—
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall take effect on the date of the enact-
ment of this Act.
Æ
I
105TH CONGRESS
1ST SESSION
H. R. 1069
To permit individuals to continue health plan coverage of services while
participating in approved clinical studies.
IN THE HOUSE OF REPRESENTATIVES
MARCH 13, 1997
Mrs. LOWEY introduced the following bill; which was referred to the
Committee on Commerce
A BILL
To permit individuals to continue health plan coverage of
services while participating in approved clinical studies.
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 ‘‘Improved Patient Ac-
cess to Clinical Studies Act of 1997’’.
SEC. 2. COVERAGE FOR INDIVIDUALS PARTICIPATING IN
APPROVED CLINICAL STUDIES.
(a) PERMITTING PARTICIPATION IN APPROVED CLIN-
ICAL STUDIES.—A health plan may not deny (or limit or
impose additional conditions on) coverage of items and
services furnished to an enrollee if—
(1) the enrollee is participating in an approved
clinical study,
(2) the items and services are furnished accord-
ing to the design of the study or to treat conditions
resulting from participation in the study, and
(3) the items and services would otherwise be
covered under the plan except for the fact that they
are provided in connection with participation in such
a study.
A health plan may not discriminate against an enrollee
on the basis of the enrollee’s participation in such a study.
(b) CONSTRUCTION.—Nothing in subsection (a) shall
be construed as requiring a health plan to provide for pay-
ment for items and services normally paid for as part of
an approved clinical study.
(c) APPROVED CLINICAL STUDY DEFINED.—In this
section, the term ‘‘approved clinical study’’ means—
(1) a research study approved by the Secretary
of Health and Human Services, the Director of the
National Institutes of Health, the Commissioner of
the Food and Drug Administration, the Secretary of
Veterans Affairs, the Secretary of Defense, or a
qualified nongovernmental research entity (as de-
fined in guidelines of the National Institute of
Health), or
(2) a peer-reviewed and approved research pro-
gram, as defined by the Secretary of Health and
Human Services, conducted for the primary purpose
of determining whether or not a treatment is safe,
efficacious, or having any other characteristic of a
treatment which must be demonstrated in order for
the treatment to be medically necessary or appro-
priate.
Æ
I
105TH CONGRESS
1ST SESSION
H. R. 1070
To amend the Public Health Service Act to extend the program of research
on breast cancer.
IN THE HOUSE OF REPRESENTATIVES
MARCH 13, 1997
Mrs. LOWEY (for herself and Mrs. MORELLA) introduced the following bill;
which was referred to the Committee on Commerce
A BILL
To amend the Public Health Service Act to extend the
program of research on breast cancer.
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 ‘‘Breast Cancer Re-
search Extension Act of 1997’’.
SEC. 2. EXTENSION OF PROGRAM OF RESEARCH ON
BREAST CANCER.
Section 417B(b)(1) of the Public Health Service Act
(42 U.S.C. 286a–8(b)(1)) is amended to read as follows:
‘‘(1) BREAST CANCER.—For the purpose of car-
rying out section 417(c), there are authorized to be
appropriated $590,000,000 for fiscal year 1998, and
such sums as may be necessary for each of the fiscal
years 1999 through 2002. Such authorizations of
appropriations are in addition to the authorizations
of appropriations established in subsection (a) with
respect to such purpose.’’.
Æ
(d) IMMUNITY.— The Commission is an agency of the
United States for purposes of part V of title 18, United
States Code (relating to immunity of witnesses).
(e) CONTRACT AUTHORITY.—The Commission may
contract with and compensate government and private
agencies or persons for goods and services, without regard
to section 3709 of the Revised Statutes (41 U.S.C. 5) .
SEC. 6. COMMISSION PROCEDURES.
(a) MEETINGS.—The Commission shall meet at the
call of the Chairman or a majority of its members.
(b) QUORUM.—Eight members of the Commission
shall constitute a quorum, but a lesser number may hold
hearings.
(c) DELEGATION OF AUTHORITY.—Any member or
agent of the Commission may, if authorized by the Com-
mission, take any action that the Commission is author-
ized to take by this Act.
SEC. 7. PERSONNEL MATTERS.
(a) PAY OF MEMBERS.—Members shall not be paid
by reason of their service as members.
(b) TRAVEL EXPENSES.—Each member shall receive
travel expenses, including per diem in lieu of subsistence,
in accordance with sections 5702 and 5703 of title 5,
United States Code.
sion of this title for any amount for which a credit is al-
lowed under this section.’’
(b) CARRYFORWARD, CARRYBACK, AND DEDUCTION
FOR UNUSED CREDITS.—
(1) CARRYFORWARD
AND
CARRYBACK.—Sub-
section (b) of section 38 of such Code (relating to
general business credit) is amended by striking
‘‘plus’’ at the end of paragraph (11), by striking the
period at the end of paragraph (12) and inserting ‘‘,
plus’’, and by adding at the end the following new
paragraph:
‘‘(13) the workplace safety program credit de-
termined under section 45D.’’
(2) TRANSITIONAL RULE FOR CARRYBACKS.—
Subsection (d) of section 39 of such Code (relating
to transitional rules) is amended by adding at the
end the following new paragraph:
‘‘(8) NO CARRYBACK OF SECTION 45D CREDIT
BEFORE EFFECTIVE DATE.—No portion of the un-
used business credit for any taxable year which is
attributable to the workplace safety program credit
determined under section 45D may be carried back
to a taxable year beginning on or before the date of
the enactment of section 45D.’’
(3) DEDUCTION FOR UNUSED CREDITS.—Sub-
section (c) of section 196 of such Code (relating to
deduction for certain unused business credits) is
amended by striking ‘‘and’’ at the end of paragraph
(6), by striking the period at the end of paragraph
(7) and inserting ‘‘, and’’, and by adding at the end
the following new paragraph:
‘‘(8) the workplace safety program credit deter-
mined under section 45D.’’
(c) CREDIT NOT A DEFENSE IN LEGAL ACTIONS.—
The allowance of a credit under section 45D of the Inter-
nal Revenue Code of 1986 (as added by this Act) shall
not absolve employers of their responsibilities under any
other law and shall not be construed as a defense to any
legal action (other than legal action by the Secretary of
the Treasury under such Code).
(d) CLERICAL AMENDMENT.—The table of sections
for subpart D of part IV of subchapter A of chapter 1
of such Code is amended by adding at the end the follow-
ing new item:
‘‘Sec. 45D. Workplace safety program credit.’’
(e) EFFECTIVE DATE.—The amendments made by
this section shall apply to taxable years beginning after
the date of the enactment of this Act.
Æ
I
105TH CONGRESS
1ST SESSION
H. R. 1073
To amend chapter 89 of title 5, United States Code, to encourage the
use of generic instead of nongeneric drugs.
IN THE HOUSE OF REPRESENTATIVES
MARCH 13, 1997
Mrs. MEEK of Florida introduced the following bill; which was referred to the
Committee on Government Reform and Oversight
A BILL
To amend chapter 89 of title 5, United States Code, to
encourage the use of generic instead of nongeneric drugs.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. PURPOSE.
It is the purpose of this Act to reduce the cost of
prescription medications to the United States Government
and to enrollees under the health benefits program for
Federal employees, while maintaining the quality of health
care, by requiring that generic drugs rather than non-
generic drugs be used under that program, whenever pos-
sible.
SEC. 2. GENERIC DRUGS.
(a) IN GENERAL.—Section 8902 of title 5, United
States Code, is amended by adding at the end the follow-
ing:
‘‘(o) Each contract under this chapter shall include
provisions to ensure that, to the extent possible, prescrip-
tions shall be filled by providing the generic form of the
drug involved, except if its nongeneric form is—
‘‘(1) specifically ordered by the prescribing pro-
vider; or
‘‘(2) requested by the individual for whom the
drug is prescribed.’’.
(b) EFFECTIVE DATE.—The amendment made by
this section shall apply with respect to contracts entered
into or renewed for years beginning at least 6 months
after the date of the enactment of this Act.
Æ
269
‘‘(C) A member whose dependents actually
move from their place of residence under cir-
cumstances described in section 406a of this title.
‘‘(D) A member who is without dependents
and—
‘‘(i) actually moves to a new permanent
station where the member is not assigned to
quarters of the United States; or
‘‘(ii) actually moves from a place of resi-
dence under circumstances described in section
406a of this title.
‘‘(E) A member who is ordered to move in con-
nection with the closure or realignment of a military
installation and, as a result, the member’s depend-
ents actually move or, in the case of a member with-
out dependents, the member actually moves.
‘‘(3) If a dislocation allowance is paid under this sub-
section to a member described in subparagraph (C) or
(D)(ii), the member is not entitled to another dislocation
allowance as a member described in subparagraph (A) or
(E) in connection with the same move.
‘‘(b) SECOND ALLOWANCE AUTHORIZED UNDER
CERTAIN CIRCUMSTANCES.—(1) Under regulations pre-
scribed by the Secretary concerned, whenever a member
is entitled to a dislocation allowance as a member de-
tive agreement: Provided, That amounts apportioned for 
the United States Merchant Marine Academy shall be 
available only upon allotments made personally by the Sec-
retary of Transportation or the Assistant Secretary for 
Budget and Programs: Provided further, That the Super-
intendent, Deputy Superintendent and the Director of the 
Office of Resource Management of the United States Mer-
chant Marine Academy may not be allotment holders for 
the United States Merchant Marine Academy, and the Ad-
ministrator of the Maritime Administration shall hold all 
allotments made by the Secretary of Transportation or the 
Assistant Secretary for Budget and Programs under the 
previous proviso: Provided further, That 50 percent of the 
funding made available for the United States Merchant 
Marine Academy under this heading shall be available only 
after the Secretary, in consultation with the Super-
intendent and the Maritime Administrator, completes a 
plan detailing by program or activity how such funding 
will be expended at the Academy, and this plan is sub-
mitted to the House and Senate Committees on Appro-
priations. 
SHIP DISPOSAL 
For necessary expenses related to the disposal of ob-
solete vessels in the National Defense Reserve Fleet of the
126 
receiving project or projects shall not be required to 
vacate their units in the transferring project or 
projects until new units in the receiving project are 
available for occupancy. 
(6) The Secretary determines that this transfer 
is in the best interest of the tenants. 
(7) If either the transferring project or the re-
ceiving project or projects meets the condition speci-
fied in subsection (d)(2)(A), any lien on the receiv-
ing project resulting from additional financing ob-
tained by the owner shall be subordinate to any 
FHA-insured mortgage lien transferred to, or placed 
on, such project by the Secretary, except that the 
Secretary may waive this requirement upon deter-
mination that such a waiver is necessary to facilitate 
the financing of acquisition, construction, and/or re-
habilitation of the receiving project or projects. 
(8) If the transferring project meets the re-
quirements of subsection (d)(2), the owner or mort-
gagor of the receiving project or projects shall exe-
cute and record either a continuation of the existing 
use agreement or a new use agreement for the 
project where, in either case, any use restrictions in 
such agreement are of no lesser duration than the 
existing use restrictions.
351
ations, and related responsibilities for individual programs
within the Defense Airborne Reconnaissance program re-
main within the military departments.
(3) Any functions transferred under this subsection
shall be subject to the authority, direction, and control of
the Secretary.
(c) REPORT.—(1) Not later than 90 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the committees named in paragraph (2)
a report containing the Secretary’s plan for terminating
and transferring the functions of the Defense Airborne
Reconnaissance Office.
(2) The committees referred to in paragraph (1)
are—
(A) the Committee on Armed Services and the
Select Committee on Intelligence of the Senate; and
(B) the Permanent Select Committee on Intel-
ligence and the Committee on National Security of
the House of Representatives.
(d) EFFECTIVE DATE.—Subsection (a) shall take ef-
fect at the end of the 120-day period beginning on the
date of the enactment of this Act.
I
105TH CONGRESS
1ST SESSION
H. R. 1074
To promote the fitting of firearms with child safety locks.
IN THE HOUSE OF REPRESENTATIVES
MARCH 13, 1997
Ms. MILLENDER-MCDONALD introduced the following bill; which was referred
to the Committee on the Judiciary
A BILL
To promote the fitting of firearms with child safety locks.
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 ‘‘Firearm Child Safety
Lock Act of 1997’’.
SEC. 2. PROHIBITIONS AGAINST TRANSFER OF A FIREARM
OR MANUFACTURE OF A HANDGUN WITHOUT
CHILD SAFETY LOCKS.
(a) PROHIBITION AGAINST TRANSFER OF FIREARM
WITHOUT CHILD SAFETY LOCK ATTACHED.—
(1) PROHIBITION.—It shall be unlawful for any
person, in or affecting commerce, to transfer a fire-
arm in the United States, unless a child safety lock
which meets the requirement of subsection (c) is at-
tached to, or is an integral part of, the firearm.
(2) PENALTIES.—
(A) PRIVATE TRANSFERS.—The Secretary
shall impose a civil fine of $1,000 on any per-
son, other than a licensed dealer or licensed
manufacturer, who violates paragraph (1).
(B) TRANSFERS BY FEDERALLY LICENSED
FIREARMS DEALERS.—The Secretary shall im-
pose a civil fine of $5,000 on any licensed deal-
er who violates paragraph (1), and shall revoke
any license issued under chapter 44 of title 18,
United States Code, to such a licensed dealer.
(C) TRANSFERS BY FEDERALLY LICENSED
FIREARMS
MANUFACTURERS.—The Secretary
shall impose a civil fine of $5,000 on any li-
censed manufacturer who violates paragraph
(1).
(b) PROHIBITION
AGAINST
MANUFACTURE
OF
HANDGUN WITHOUT CHILD SAFETY LOCK ATTACHED.—
(1) PROHIBITION.—It shall be unlawful for any
person, in or affecting commerce, to manufacture a
handgun in the United States, unless a child safety
lock which meets the requirement of subsection (c)
is attached to, or is an integral part of, the firearm.
(2) PENALTIES.—The Secretary shall impose a
civil fine of $5,000 on any person who violates para-
graph (1).
(c) CHILD SAFETY LOCK REQUIREMENTS.—A lock
meets the requirements of this subsection if the lock, while
activated or attached to the firearm, prevents the firearm
from being discharged.
(d) JUDICIAL REVIEW.—Not later than 60 days after
an individual receives notice from the Secretary of a deci-
sion to impose a fine on, or revoke a license of, the individ-
ual under this section, the individual may bring an action
against the Secretary in any United States district court
for de novo review of the decision.
(e) INAPPLICABILITY
TO
GOVERNMENTAL
ENTI-
TIES.—Subsections (a) and (b) of this section shall not
apply to conduct of, or authorized by, the United States
or any department or agency thereof, or any State or any
department, agency, or political subdivision thereof.
(f) DEFINITIONS.—As used in this section, the terms
‘‘State’’, ‘‘firearm’’, ‘‘handgun’’, ‘‘dealer’’, ‘‘licensed deal-
er’’, ‘‘manufacturer’’, ‘‘licensed manufacturer’’, and ‘‘Sec-
retary’’ shall have the meanings given such terms in sec-
tion 921(a) of title 18, United States Code.
Æ
(II) the proposed scope and dura-
tion of the waiver.
(C) NOTIFICATION
OF
THE
SEC-
RETARY OF THE TREASURY AND PUBLICA-
TION.—Upon granting a waiver under this
paragraph, the Trade Representative shall
promptly notify the Secretary of the Treas-
ury of the period in which the waiver will
be in effect, and shall publish notice of the
waiver in the Federal Register.
(6) EFFECTIVE DATE.—This subsection takes
effect on January 1, 2023.
SEC. 203. RULES OF ORIGIN.
(a) APPLICATION
AND INTERPRETATION.—In this
section:
(1) TARIFF
CLASSIFICATION.—The basis for
any tariff classification is the HTS.
(2) REFERENCE
TO
HTS.—Whenever in this
section there is a reference to a heading or sub-
heading, such reference shall be a reference to a
heading or subheading of the HTS.
(3) COST OR VALUE.—Any cost or value re-
ferred to in this section shall be recorded and main-
tained in accordance with the generally accepted ac-
counting principles applicable in the territory of the
SEC. 6. TERMINATION AND NONRENEWAL.
A franchisor may not terminate or refuse to renew
a franchise whose term is indeterminate without good
cause.
SEC. 7. TRANSFER.
(a) IN GENERAL.—A franchisee may transfer a
transferable interest to a transferee who meets a
franchisor’s reasonable, essential, and nondiscriminatory
standards for new franchisees or transferees, as the stand-
ards are in effect on the date the franchisee and the trans-
feree agree to the transfer. A franchisor may not withhold
its consent to such a transfer without good cause.
(b) NOTICE OF PROPOSED TRANSFER.—A franchisee
shall give a franchisor not less than 30 days written notice
of a proposed transfer of a transferable interest, and on
request shall advise the franchisor in writing of the owner-
ship interests of all persons holding or claiming an equi-
table or beneficial interest in the franchise, the franchised
business, or the franchisee.
(c) 
CONSENT
TO
PROPOSED
TRANSFER.—A
franchisor may not unreasonably withhold its consent to
a proposed transfer of a transferable interest. A transfer
is deemed approved 30 days after a franchisee submits
the proposed transaction for consent, unless the franchisor
earlier disapproves the transaction by written notice speci-
fying each basis for the disapproval or exercises a right
of 1st refusal. Such a notice is privileged against a claim
of defamation.
(d) CONDITIONS ON TRANSFER.—
(1) PERMISSIBLE
CONDITIONS.—A franchisor
may condition its consent to a proposed transfer by
a franchisee of a transferable interest on—
(A) the transferee’s successful completion
of a reasonable, essential, and nondiscrim-
inatory training program;
(B) the payment of a transfer fee to the
franchisor to reimburse it for its reasonable, ac-
tual, out-of-pocket expenses directly related to
the transfer; or
(C) the payment of any amount the
franchisee owes to the franchisor or its affiliate.
(2) IMPERMISSIBLE CONDITIONS.—A franchisor
may not condition its consent to a transfer described
in paragraph (1) on a franchisee—
(A) undertaking new or different obliga-
tions than those contained in the franchise con-
cerned;
(B) forgoing existing rights other than
those contained in the franchise concerned; or