datamatters24/research-document-archive huggingface dataset:
tive date of such amendment such additional
time as might be appropriate to meet the addi-
tional requirement of section 1932(b)(9)(C) of
the Social Security Act (relating to minimum
net worth), as added by such amendment.
SEC. 3. ASSURING THE SOLVENCY OF MEDICARE+CHOICE
ORGANIZATIONS.
(a) APPLICATION TO MEDICARE+CHOICE ORGANIZA-
TIONS.—Section 1855 of the Social Security Act (42
U.S.C. 1395w–25) is amended by adding at the end the
following new subsection:
‘‘(e) SOLVENCY-RELATED REQUIREMENTS.—
‘‘(1) IN GENERAL.—Except as provided in this
subsection, the requirements of section 1932(b)(9)
shall apply to Medicare+Choice organizations in the
same manner as they apply to medicaid managed
care organizations except that, for purposes of this
subsection, any reference in such section to a State,
title XIX, or a contract under section 1903(m) is
deemed a reference to the Secretary, this title, and
a contract under section 1857, respectively.
‘‘(2) 
RECOGNITION
OF
STATE
ENFORCE-
MENT.—Insofar as the Secretary finds that a State
under 
section 
1932(b)(9) 
is 
applying 
to 
a
Medicare+Choice organization the requirements of
such section and the organization meets such re-
quirements, the Secretary shall deem the organiza-
tion as meeting the comparable requirements that
would otherwise be imposed under paragraph (1).
‘‘(3) RELATION TO OTHER REQUIREMENTS.—
The Secretary shall waive the application of a re-
quirement of paragraph (1) to an organization inso-
far as the Secretary finds that the application of the
requirement would be duplicative of other, similar
requirements of this part and would not provide
greater protection to Medicare+Choice enrollees.’’.
(b) APPLICATION TO OTHER ORGANIZATIONS PRO-
VIDING MEDICARE BENEFITS ON A CAPITATED BASIS.—
The Secretary of Health and Human Services shall pro-
vide for the application of the requirement of section
1855(e) of the Social Security Act (as added by subsection
(a)) to organizations (other than Medicare+Choice orga-
nizations) that receive payment on a capitated basis for
provision of services under title XVIII of the Social Secu-
rity Act.
(c) EFFECTIVE DATE.—The Secretary of Health and
Human Services shall implement the amendment made by
subsection (a) and shall implement subsection (b) in a
manner similar to the manner in which the amendment
made by section 2(a) becomes effective under paragraphs
(1) and (2)(B) of section 2(b).
SEC. 4. REPORT ON PROTECTION OF HEALTH CARE PRO-
VIDERS IN CASE OF PLAN INSOLVENCY.
The Secretary of Health and Human Services shall
report to Congress, not later than 1 year after the date
of the enactment of this Act, on—
(1) the steps States are taking to guaranty
that, in the event of insolvency of a medicaid man-
aged care organization that offers coverage under
the medicaid program or a Medicare+Choice organi-
zation that offers a Medicare+Choice plan, health
care providers will be protected from financial losses;
and
(2) what additional steps the Secretary deems
appropriate for States or the Federal Government to
take to protect health care providers in the event of
such an insolvency.
Æ
I
106TH CONGRESS
2D SESSION
H. R. 3691
To provide that the inferior courts of the United States do not have
jurisdiction to hear partial-birth abortion-related cases.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 16, 2000
Mr. PAUL (for himself, Mr. BAKER, and Mr. RYUN of Kansas) introduced the
following bill; which was referred to the Committee on the Judiciary
A BILL
To provide that the inferior courts of the United States
do not have jurisdiction to hear partial-birth abortion-
related cases.
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 ‘‘Partial Birth Abortion
and Judicial Limitation Act of 2000’’.
HR 3691 IH
SEC. 2. REMOVAL OF PARTIAL-BIRTH ABORTION-RELATED
CASES FROM FEDERAL DISTRICT COURT JU-
RISDICTION.
(a) IN GENERAL.—Chapter 85 of title 28, United
States Code, is amended by adding at the end the fol-
lowing new section:
‘‘§ 1369. Removal of jurisdiction over partial-birth
abortion-related cases
‘‘(a) IN GENERAL.—The district courts of the United
States, the District Court of Guam, the District Court of
the Virgin Islands, and the District Court for the North-
ern Mariana Islands shall not have jurisdiction to hear or
determine any partial-birth abortion-related case.
‘‘(b) DEFINITION.—For purposes of this section, the
term ‘partial-birth abortion-related case’ means any action
in which any requirement, prohibition, or other provision
relating to partial-birth abortion that is contained in a
State or Federal statute is at issue.’’.
(b) CONFORMING AMENDMENT.—The table of con-
tents for chapter 85 of title 28, United States Code, is
amended by adding at the end the following new item:
‘‘1369. Removal of jurisdiction over partial-birth abortion-related cases.’’.
HR 3691 IH
SEC. 3. REMOVAL OF PARTIAL-BIRTH ABORTION-RELATED
CASES FROM FEDERAL CLAIMS COURT JU-
RISDICTION.
(a) IN GENERAL.—Chapter 91 of title 28, United
States Code, is amended by adding at the end the fol-
lowing new section:
‘‘§ 1510. Removal of jurisdiction over partial-birth
abortion-related cases
‘‘(a) IN GENERAL.—The United States Court of Fed-
eral Claims shall not have jurisdiction to hear or deter-
mine any partial-birth abortion-related case.
‘‘(b) DEFINITION.—For purposes of this section, the
term ‘partial-birth abortion-related case’ means any action
in which any requirement, prohibition, or other provision
relating to partial-birth abortion that is contained in a
State or Federal statute is at issue.’’.
(b) CONFORMING AMENDMENT.—The table of con-
tents for chapter 91 of title 28, United States Code, is
amended by adding at the end the following new item:
‘‘1510. Removal of jurisdiction over partial-birth abortion-related cases.’’.
SEC. 4. CONSTITUTIONAL JURISDICTION.
This Act is proposed in accordance with article 3, sec-
tion 2, of the Constitution of the United States of Amer-
ica.
HR 3691 IH
SEC. 5. EFFECTIVE DATE.
The amendments made by this Act shall apply to
cases filed on or after the date of the enactment of this
Act.
Æ
I
106TH CONGRESS
2D SESSION
H. R. 3692
To amend the Internal Revenue Code of 1986 to exclude from gross income
amounts received on the sale of animals which are raised and sold
as part of an educational program.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 16, 2000
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 exclude
from gross income amounts received on the sale of ani-
mals which are raised and sold as part of an educational
program.
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 ‘‘Agriculture Education
Freedom Act’’.
SEC. 2. EXCLUSION FROM GROSS INCOME FOR AMOUNTS
RECEIVED ON SALE OF ANIMALS WHICH ARE
RAISED 
AND 
SOLD 
AS 
PART 
OF 
EDU-
CATIONAL PROGRAM.
(a) IN GENERAL.—Part III of subchapter B of chap-
ter 1 of the Internal Revenue Code of 1986 (relating to
items specifically excluded from gross income) is amended
by redesignating section 139 as section 140 and by insert-
ing after section 138 the following new section:
‘‘SEC. 139. PROCEEDS OF SALE OF ANIMALS RAISED AND
SOLD AS PART OF EDUCATIONAL PROGRAM.
‘‘In the case of an individual, gross income shall not
include any gain from the sale of any animal which is
raised and sold by such individual as part of such individ-
ual’s participation in—
‘‘(1) the 4–H program under the Cooperative
State Research, Education, and Extension Service of
the Department of Agriculture,
‘‘(2) the Future Farmers of America,
‘‘(3) any program of an organization described
in section 501(c) and exempt from tax under section
501(a) which is similar to such 4–H program or the
Future Farmers of America, or
‘‘(4) any program of an educational organiza-
tion described in section 170(b)(1)(A)(ii).’’.
(b) CLERICAL AMENDMENT.—The table of sections
for such part III is amended by striking the last item and
inserting the following new items:
‘‘Sec. 139. Proceeds of sale of animals raised and sold as part of
educational program.
‘‘Sec. 140. Cross references to other Acts.’’
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply to sales in taxable years ending
after the date of the enactment of this Act.
Æ
I
106TH CONGRESS
2D SESSION
H. R. 3694
To amend rule 26 of the Federal Rules of Civil Procedure to provide for
the confidentiality of a personnel record or personal information of a
law enforcement officer.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 16, 2000
Mr. SWEENEY introduced the following bill; which was referred to the
Committee on the Judiciary
A BILL
To amend rule 26 of the Federal Rules of Civil Procedure
to provide for the confidentiality of a personnel record
or personal information of a law enforcement officer.
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 ‘‘Law Enforcement Offi-
cers Privacy Protection Act’’.
SEC. 2. AMENDMENTS.
Rule 26 of the Federal Rules of Civil Procedure (28
U.S.C. App.) is amended by inserting after subdivision
(b)(5) the following:
‘‘(6) 
LAW
ENFORCEMENT
PERSONNEL
RECORDS.—
‘‘(A) A party may obtain discovery of law
enforcement personnel records otherwise discov-
erable under subdivision (b)(1) of this rule only
upon a showing by the party seeking discovery
that there exists a reasonable basis, supported
by facts, for contending that the records sought
are necessary and material to an issue involved
in the pending action.
‘‘(B) The court may, in the court’s discre-
tion and after in camera review of such records,
order discovery of such records when the re-
quired showing has been made, subject to a
protective order.
‘‘(C) Notwithstanding subdivision (b)(1) of
this rule, a party may not obtain discovery of
any matter by reason of its relevance with re-
spect to, or its use in leading to the discovery
of admissible evidence as to, the existence of the
reasonable basis referred to in subdivision
(b)(6)(A) of this rule.
‘‘(D) For purposes of this subdivision
(b)(6), the term ‘law enforcement personnel
records’ means documents in the custody of any
public or private entity (including an individual
law enforcement officer) carrying out a law en-
forcement function, or any element of the Fed-
eral Government, a State, or a unit of local gov-
ernment by whose authority that entity carries
out that function, to the extent they contain
any of the following information:
‘‘(i) Information collected or main-
tained for the purpose of evaluating the
performance of a law enforcement officer
with respect to that officer’s continued em-
ployment or promotion.
‘‘(ii) Information collected or main-
tained for the purpose of evaluating a can-
didate for hire as a law enforcement offi-
cer.
‘‘(iii) Information of a personal nature
concerning a law enforcement officer or a
member of that officer’s immediate family.
‘‘(E) For purposes of this subdivision
(b)(6), the term ‘law enforcement officer’ means
an individual involved in crime and juvenile de-
linquency control or reduction, or enforcement
of the laws, including, but not limited to, police,
corrections, probation, parole, and judicial offi-
cers.’’.
SEC. 3. APPLICATION OF AMENDMENT.
The amendment made by this Act shall apply to any
civil action filed after the date of the enactment of this
Act.
Æ
I
106TH CONGRESS
2D SESSION
H. R. 3697
To provide for participation of certain Medicare-eligible individuals in
Department of Defense pharmacy programs.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 16, 2000
Mr. VITTER (for himself, Mr. CUNNINGHAM, Mr. HAYES, Mr. KUYKENDALL,
Mr. TAYLOR of Mississippi, and Mr. MORAN of Virginia) introduced the
following bill; which was referred to the Committee on Armed Services
A BILL
To provide for participation of certain Medicare-eligible
individuals in Department of Defense pharmacy programs.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. PARTICIPATION OF MEDICARE-ELIGIBLE BENE-
FICIARIES IN CERTAIN DEPARTMENT OF DE-
FENSE PHARMACY PROGRAMS.
(a) IN GENERAL.—Not later than October 1, 2000,
the Secretary of Defense shall—
(1) expand and make permanent the dem-
onstration project for pharmaceuticals by mail estab-
lished under subsection (a) of section 702 of the Na-
tional Defense Authorization Act for Fiscal Year
1993 (10 U.S.C. 1079 note) in order to permit indi-
viduals described in subsection (b) worldwide to ob-
tain pharmaceuticals through the project; and
(2) modify each managed health care program
which includes a managed care network of commu-
nity retail pharmacies under subsection (b) of such
section 702 to supply prescription pharmaceuticals
to the individuals described in subsection (b) of this
section through such network in the area covered by
such program.
(b) ELIGIBLE INDIVIDUALS.—An individual eligible
to obtain pharmaceuticals under this section is an
individual—
(1) who is—
(A) a member or former member of the
uniformed services described in section 1074(b)
of title 10, United States Code;
(B) a dependent of a member described in
subsection (a)(2)(B) or (b) of section 1076 of
that title; or
(C) a dependent of a member who died
while on active duty for a period of more than
30 days; and
(2) who is entitled to hospital insurance bene-
fits under part A of title XVIII of the Social Secu-
rity Act (42 U.S.C. 1395 et seq.).
(c) FEES AND CHARGES.—(1) Subject to paragraph
(2), the amount of the deductible, copayment, annual fee,
or other fee, if any, paid by an eligible individual described
in subsection (b) who obtains a pharmaceutical under this
section through the project referred to in subsection (a)(1)
or a retail pharmacy network referred to in subsection
(a)(2) shall not exceed the amount of the deductible copay-
ment, annual fee, or other fee paid by other persons for
such pharmaceutical through the project or the pharmacy
network, as the case may be.
(2) An eligible individual described in subsection (b)
shall not be charged an enrollment fee for participation
in the project or a retail pharmacy network under this sec-
tion.
(3) The Secretary of Defense may not establish or
collect any new fee or charge under the project referred
to in subsection (a)(1), or any retail pharmacy network
referred to in subsection (a)(2), by reason of the participa-
tion of eligible individuals described in subsection (b) in
the project or network under this section.
Æ
I
106TH CONGRESS
2D SESSION
H. R. 3698
To amend title XIX of the Social Security Act to continue State Medicaid
disproportionate share hospital (DSH) allotments for fiscal years 2001
and 2002 at the levels for fiscal year 2000.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 16, 2000
Mr. WHITFIELD (for himself and Mr. BILBRAY) introduced the following bill;
which was referred to the Committee on Commerce
A BILL
To amend title XIX of the Social Security Act to continue
State Medicaid disproportionate share hospital (DSH)
allotments for fiscal years 2001 and 2002 at the levels
for fiscal year 2000.
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 ‘‘Medicaid DSH Preser-
vation Act of 2000’’.
SEC. 2. FINDINGS.
Congress finds the following:
(1) In late January 2000, the Congressional
Budget Office released its revised baselines for fiscal
year 2001 spending programs and projections for
fiscal years 2001 through 2005. These figures re-
vealed that the hospital cuts imposed by the Bal-
anced Budget Act of 1997 are not only continuing,
but are having a far greater impact than originally
anticipated. In fact, the latest projections of that Of-
fice show reductions that are more than four times
the $15 billion Congress added back in fall of 1999,
as part of the bipartisan Medicare, Medicaid, and
SCHIP Balanced Budget Refinement Act of 1999.
(2) Since passage of the Balanced Budget Act
of 1997, Federal health program spending is pro-
jected to be cut by more than $226 billion—approxi-
mately $123 billion more than Congress or the Ad-
ministration ever intended. From November 19,
1999, when Congress passed the Medicare, Med-
icaid, and SCHIP Balanced Budget Refinement Act
of 1999, to the end of January 2000, the Congres-
sional Budget Office now estimates that Federal
hospital spending will be far less than originally an-
ticipated—$62 billion less than it projected just two
months ago.
(3) Additionally, during 1999 total Medicare
spending fell by almost one percent—the first abso-
lute spending reduction in Medicare history, and the
Medicare Hospital Insurance Trust Fund (which
provides payment for inpatient hospital and nursing
home services) fell by an alarming 4.4 percent.
(4) The result—despite the best efforts of many
in Congress and the Administration—is a continuing
erosion of the foundation of the nation’s hospitals
and the long term viability of our country’s health
care system.
SEC. 3. CONTINUATION OF MEDICAID DSH ALLOTMENTS AT
FY FISCAL YEAR 2000 LEVELS FOR FISCAL
YEARS 2001 AND 2002.
Section 1923(f) of the Social Security Act (42 U.S.C.
1396r–4(f)), as amended by section 601 of the Medicare,
Medicaid, and SCHIP Balanced Budget Refinement Act
of 1999 (as enacted into law by section 1000(a)(6) of Pub-
lic Law 106–113), is amended—
(1) in paragraph (2)—
(A) in the matter preceding the table, by
striking ‘‘2002’’ and inserting ‘‘2000’’;
(B) in the table in such paragraph, by
striking the columns labeled ‘‘FY 01’’ and ‘‘FY
02’’ relating to fiscal years 2001 and 2002; and
‘‘(c) Whoever, in or affecting interstate or foreign
commerce, knowingly—
‘‘(1) uses prison inmate labor, or any worker
who is registered pursuant to title XVII of the Vio-
lent Crime Control and Law Enforcement Act of
1994, for data processing of personal information
about children; or
‘‘(2) distributes or solicits any personal infor-
mation about a child, with the intent of abusing or
causing physical harm to the child or to sexually ex-
ploit the child, or having reason to believe that the
child will be so abused, harmed, or exploited as a re-
sult of that distribution or solicitation;
shall be fined under this title or imprisoned not more than
5 years, or both.
‘‘(d) Whoever, in or affecting interstate or foreign
commerce, knowingly releases personal information about
another person’s child to any entity that intends to use
the information to solicit the sale of a product or service,
without the permission of that child’s parent, shall be
fined not more than $5,000.
‘‘(e) A child or a parent of a child with respect to
whom a violation of this section occurs may in a civil ac-
tion obtain appropriate relief, including statutory money
damages of not less than $5,000. The court shall award
(2) in paragraph (3)—
(A) by striking ‘‘2003’’ in the heading and
inserting ‘‘2001’’; and
(B) by striking ‘‘2003’’ and inserting
‘‘2001’’.
Æ
(A) by striking ‘‘after December 31, 
1967,’’ in subsection (a)(2), 
(B) by striking ‘‘after October 9, 1969,’’ in 
subsection (b), and 
(C) by striking ‘‘after October 9, 1969, 
and’’ in subsection (d)(5). 
(19) SPECIAL RULES RELATING TO CORPORATE 
PREFERENCE
ITEMS.—Paragraph (4) of section 
291(a) of such Code is amended by striking ‘‘In the 
case of taxable years beginning after December 31, 
1984, section’’ and inserting ‘‘Section’’. 
(20) TAX CREDIT EMPLOYEE STOCK OWNER-
SHIP PLANS.—Section 409 of such Code is amended 
by striking subsection (q). 
(21) 
FUNDING
STANDARDS.—Section 
412(m)(4) of such Code is amended—
(A) by striking ‘‘the applicable percentage’’ 
in subparagraph (A) and inserting ‘‘25 per-
cent’’, and 
(B) by striking subparagraph (C) and by 
redesignating subparagraph (D) as subpara-
graph (C). 
(22) RETIREE
HEALTH
ACCOUNTS.—Section 
420 of such Code is amended—
(A) by striking paragraph (4) of subsection 
(b) and by redesignating paragraph (5) as para-
graph (4), and 
(B) by amending paragraph (2) of sub-
section (c) to read as follows: 
‘‘(2) REQUIREMENTS
RELATING
TO
PENSION 
BENEFITS ACCRUING BEFORE TRANSFER.—The re-
quirements of this paragraph are met if the plan 
provides that the accrued pension benefits of any 
participant or beneficiary under the plan become 
nonforfeitable in the same manner which would be 
required if the plan had terminated immediately be-
fore the qualified transfer (or in the case of a partic-
ipant who separated during the 1-year period ending 
on the date of the transfer, immediately before such 
separation).’’. 
(23) EMPLOYEE
STOCK
PURCHASE
PLANS.—
Section 423(a) of such Code is amended by striking 
‘‘after December 31, 1963,’’. 
(24) LIMITATION
ON
DEDUCTIONS
FOR
CER-
TAIN FARMING.—
(A) Section 464 of such Code is amended 
by striking ‘‘any farming syndicate (as defined 
in subsection (c))’’ both places it appears in
subsections (a) and (b) and inserting ‘‘any tax-
payer to whom subsection (d) applies’’. 
(B)(i) Subsection (c) of section 464 of 
such Code is hereby moved to the end of section 
461 and redesignated as subsection (j). 
(ii) Such subsection (j) of such Code is 
amended—
(I) by striking ‘‘For purposes of this 
section’’ in paragraph (1) and inserting 
‘‘For purposes of subsection (i)(4)’’, and 
(II) by adding at the end the fol-
lowing new paragraphs: 
‘‘(3) FARMING.—For purposes of this sub-
section, the term ‘farming’ has the meaning given to 
such term by section 464(e). 
‘‘(4) LIMITED ENTREPRENEUR.—For purposes 
of this subsection, the term ‘limited entrepreneur’ 
means a person who—
‘‘(A) has an interest in an enterprise other 
than as a limited partner, and 
‘‘(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)’’.
(B) a textile or apparel good for which a
claim has been made that is the subject of a
verification referred to in subsection (a)(1) re-
garding 
a 
claim 
described 
in 
subsection
(a)(2)(B).
SEC. 205. REGULATIONS.
The Secretary of the Treasury shall prescribe such
regulations as may be necessary to carry out—
(1) subsections (a) through (i) of section 203;
(2) amendments to existing law made by the
subsections referred to in paragraph (1); and
(3) proclamations issued under section 203(j).
TITLE III—RELIEF FROM
IMPORTS
SEC. 301. DEFINITIONS.
In this title:
(1) MOROCCAN ARTICLE.—The term ‘‘Moroccan
article’’ means an article that qualifies as an origi-
nating good under section 203(b) of this Act or re-
ceives preferential tariff treatment under paragraphs
9 through 15 of article 4.3 of the Agreement.
(2) MOROCCAN
TEXTILE
OR
APPAREL
ARTI-
CLE.—The term ‘‘Moroccan textile or apparel arti-
cle’’ means an article that—
SECTION 1. JOEL T. BROYHILL POSTAL BUILDING.
(a) DESIGNATION.—The facility of the United States
Postal Service located at 8409 Lee Highway in Merrifield,
Virginia, shall be known and designated as the ‘‘Joel T.
Broyhill Postal Building’’.
(b) REFERENCES.—Any reference in any law, map,
regulation, document, paper, or other record of the United
States to the facility referred to in subsection (a) shall
be deemed to be a reference to the ‘‘Joel T. Broyhill Postal
Building’’.
Passed the House of Representatives March 14,
2000.
Attest:
Clerk.