datamatters24/research-document-archive huggingface dataset:
connection with a use of such facility by a non-
profit organization, if—
(i) the use occurs outside of the scope
of business of the business entity;
(ii) such injury or death occurs during
a period that such facility is used by the
nonprofit organization; and
(iii) the business entity authorized the
use of such facility by the nonprofit orga-
nization.
(B) APPLICATION.—This paragraph shall
apply—
(i) with respect to civil liability under
Federal and State law; and
(ii) regardless of whether a nonprofit
organization pays for the use of a facility.
(3) LIABILITY
OF
BUSINESS
ENTITIES
PRO-
VIDING USE OF A MOTOR VEHICLE OR AIRCRAFT.—
(A) IN GENERAL.—Subject to subsection
(c), a business entity shall not be subject to
civil liability relating to any injury or death oc-
curring as a result of the operation of aircraft
or a motor vehicle of a business entity loaned
to a nonprofit organization for use outside of
the scope of business of the business entity, if—
(i) such injury or death occurs during
a period that such motor vehicle or aircraft
is used by a nonprofit organization; and
(ii) the business entity authorized the
use by the nonprofit organization of motor
vehicle or aircraft that resulted in the in-
jury or death.
(B) APPLICATION.—This paragraph shall
apply—
(i) with respect to civil liability under
Federal and State law; and
(ii) regardless of whether a nonprofit
organization pays for the use of the air-
craft or motor vehicle.
(c) EXCEPTIONS.—Subsection (b) shall not apply to
an injury or death that results from an act or omission
of a business entity that constitutes gross negligence or
intentional misconduct.
(d) SUPERSEDING PROVISION.—
(1) IN
GENERAL.—Subject to paragraph (2)
and subsection (e), this title preempts the laws of
any State to the extent that such laws are incon-
sistent with this title, except that this title shall not
preempt any State law that provides additional pro-
tection for a business entity for an injury or death
described in a paragraph of subsection (b) with re-
spect to which the conditions specified in such para-
graph apply.
(2) LIMITATION.—Nothing in this title shall be
construed to supersede any Federal or State health
or safety law.
(e) ELECTION OF STATE REGARDING NONAPPLICA-
BILITY.—A provision of this title shall not apply to any
civil action in a State court against a business entity in
which all parties are citizens of the State if such State
enacts a statute—
(1) citing the authority of this section;
(2) declaring the election of such State that
such provision shall not apply to such civil action in
the State; and
(3) containing no other provisions.
(f) EFFECTIVE DATE.—This section shall apply to in-
juries (and deaths resulting therefrom) occurring on or
after the date of the enactment of this Act.
Passed the House of Representatives July 19, 2001.
Attest:
Clerk.
107TH CONGRESS
1ST SESSION
H. R. 7
AN ACT
To provide incentives for charitable contributions
by individuals and businesses, to improve the ef-
fectiveness and efficiency of government program
delivery to individuals and families in need, and
to enhance the ability of low-income Americans
to gain financial security by building assets.
HR 7 RFS
TITLE I—CHARITABLE GIVING
INCENTIVES PACKAGE
SEC. 101. DEDUCTION FOR PORTION OF CHARITABLE CON-
TRIBUTIONS TO BE ALLOWED TO INDIVID-
UALS WHO DO NOT ITEMIZE DEDUCTIONS.
(a) IN GENERAL.—Section 170 of the Internal Rev-
enue Code of 1986 (relating to charitable, etc., contribu-
tions and gifts) is amended by redesignating subsection
(m) as subsection (n) and by inserting after subsection
(l) the following new subsection:
‘‘(m) DEDUCTION FOR INDIVIDUALS NOT ITEMIZING
DEDUCTIONS.—
‘‘(1) IN GENERAL.—In the case of an individual
who does not itemize his deductions for the taxable
year, there shall be taken into account as a direct
charitable deduction under section 63 an amount
equal to the lesser of—
‘‘(A) the amount allowable under sub-
section (a) for the taxable year for cash con-
tributions, or
‘‘(B) the applicable amount.
‘‘(2) APPLICABLE AMOUNT.—For purposes of
paragraph (1), the applicable amount shall be deter-
mined as follows:
(3) Section 3543(a) is amended by striking ‘‘the parent
or guardian for the training provided to an eligible person’’
and inserting ‘‘for the training provided to the eligible per-
son’’.
(4) Section 3543 is amended by adding at the end the
following new subsection:
‘‘(c) In a case in which the Secretary determines re-
quires a parent or guardian to make a request under section
3541(a) of this title on behalf of an eligible person, the par-
ent or guardian shall be entitled—
‘‘(1) to receive on behalf of the eligible person the
special training allowance provided for under section
3542(a) of this title;
‘‘(2) to elect an increase in the basic monthly al-
lowance provided for under such section; and
‘‘(3) to agree with the Secretary on the fair and
reasonable amounts which may be charged under sub-
section (a).’’.
SEC. 105. DISTANCE EDUCATION.
(a) IN GENERAL.—Subsection (a)(4) of section 3680A
is amended—
(1) by inserting ‘‘(A)’’ after ‘‘leading’’; and
(2) by inserting before the period the following:
‘‘, or (B) to a certificate that reflects educational at-
(A) in subsection (a)(5), by striking ‘‘clause
(4) of this subsection’’ and inserting ‘‘paragraph
(4)’’; and
(B) in subsection (b)(2), by striking
‘‘willfull’’ and inserting ‘‘willful’’.
(3) Section 4303(13) is amended by striking the
second period at the end.
(b) PUBLIC LAW 106–419.—Effective as of November
1, 2000, and as if included therein as originally enacted,
the Veterans Benefits and Health Care Improvement Act
of 2000 (Public Law 106–419) is amended as follows:
(1) Section 111(f)(3) (114 Stat. 1831) is amend-
ed by striking ‘‘3654’’ and inserting ‘‘3564’’.
(2) Section 323(a)(1) (114 Stat. 1855) is amend-
ed by inserting a comma in the second quoted matter
therein after ‘‘duty’’.
(3) Section 401(e)(1) (114 Stat. 1860) is amend-
ed by striking ‘‘this’’ both places it appears in quoted
matter and inserting ‘‘This’’.
(4) Section 402(b) (114 Stat. 1861) is amended
by striking the close quotation marks and period at
the end of the table in paragraph (2) of the matter
inserted by the amendment made that section.
(c) PUBLIC LAW 102–590.—Section 3(a)(1) of the
Homeless Veterans Comprehensive Service Programs Act of
IIB
107TH CONGRESS
1ST SESSION
H. R. 802
IN THE SENATE OF THE UNITED STATES
MARCH 22, 2001
Received; read twice and referred to the Committee on the Judiciary
AN ACT
To authorize the Public Safety Officer Medal of Valor, and
for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
‘‘(F) In the case of an insurable dependent who
is a child, the date of birth of such child or, if the
child is not the natural child of the member, the
date on which the child acquires status as an insur-
able dependent of the member.’’.
(2) Subsection (c) of such section is amended by
striking the first sentence and inserting the following: ‘‘If
a person eligible for insurance under this subchapter is
not so insured, or is insured for less than the maximum
amount provided for the person under subparagraph (A)
of subsection (a)(3), by reason of an election made by a
member under subparagraph (B) of that subsection, the
person may thereafter be insured under this subchapter
in the maximum amount or any lesser amount elected as
provided in such subparagraph (B) upon written applica-
tion by the member, proof of good health of each person
(other than a child) to be so insured, and compliance with
such other terms and conditions as may be prescribed by
the Secretary.’’.
(c) TERMINATION
OF COVERAGE.—(1) Subsection
(a) of section 1968 is amended—
(A) in the matter preceding paragraph (1), by
inserting ‘‘and any insurance thereunder on any in-
surable dependent of such a member,’’ after ‘‘any in-
HR 801 EAS
(A) in subparagraph (A), by striking
‘‘(without regard to’’ and all that follows through
‘‘this subsection’’; and
(B) by adding at the end the following new
subparagraph:
‘‘(C) The number of months of entitlement charged
under this chapter in the case of an individual who has
been paid a basic educational assistance allowance under
this subsection shall be equal to the number (including any
fraction) determined by dividing the total amount of such
educational assistance allowance paid the individual by the
full-time monthly institutional rate of educational assist-
ance which such individual would otherwise be paid under
subsection (a)(1), (b)(1), (c)(1), (d)(1), or (e)(1) of section
3015 of this title, as the case may be.’’.
(2) CONFORMING
AMENDMENTS.—(A) Section
3015 is amended—
(i) in subsections (a)(1) and (b)(1), by in-
serting ‘‘subsection (h)’’ after ‘‘from time to time
under’’; and
(ii) by striking the subsection that was in-
serted as subsection (g) by section 1602(b)(3)(C)
of the Floyd D. Spence National Defense Author-
ization Act for Fiscal Year 2001 (as enacted by
Public Law 106–398; 114 Stat. 1654A–359) and
HR 801 EAS
thereafter be insured under this subchapter in the maximum
amount or any lesser amount elected as provided in such
subparagraph (B) upon written application by the member,
proof of good health of each person (other than a child) to
be so insured, and compliance with such other terms and
conditions as may be prescribed by the Secretary.’’.
(c) TERMINATION OF COVERAGE.—(1) Subsection (a)
of section 1968 is amended—
(A) in the matter preceding paragraph (1), by
inserting ‘‘and any insurance thereunder on any in-
surable dependent of such a member,’’ after ‘‘any in-
surance thereunder on any member of the uniformed
services,’’; and
(B) by adding at the end the following new
paragraph:
‘‘(5) With respect to an insurable dependent of
the member, insurance under this subchapter shall
cease—
‘‘(A) 120 days after the date of an election
made in writing by the member to terminate the
coverage; or
‘‘(B) on the earliest of—
‘‘(i) 120 days after the date of the
member’s death;
HR 801 EAS
SEC. 5. RETROACTIVE APPLICABILITY OF INCREASE IN
MAXIMUM 
SGLI 
BENEFIT 
FOR 
MEMBERS
DYING IN PERFORMANCE OF DUTY ON OR
AFTER OCTOBER 1, 2000.
(a) APPLICABILITY OF INCREASE IN BENEFIT.—Not-
withstanding subsection (c) of section 312 of the Veterans
Benefits and Health Care Improvement Act of 2000 (Public
Law 106–419; 114 Stat. 1854), the amendments made by
subsection (a) of that section shall take effect on October
1, 2000, with respect to any member of the uniformed serv-
ices who died in the performance of duty (as determined
by the Secretary concerned) during the period beginning on
October 1, 2000, and ending at the close of March 31, 2001,
and who on the date of death was insured under the
Servicemembers’ Group Life Insurance program under sub-
chapter III of chapter 19 of title 38, United States Code,
for the maximum coverage available under that program.
(b) DEFINITIONS.—In this section:
(1) The term ‘‘Secretary concerned’’ has the
meaning given that term in section 101(25) of title
38, United States Code.
(2) The term ‘‘uniformed services’’ has the mean-
ing given that term in section 1965(6) of title 38,
United States Code.
HR 801 EAS
SEC. 6. EXPANSION OF OUTREACH EFFORTS TO ELIGIBLE
DEPENDENTS.
(a) AVAILABILITY OF OUTREACH SERVICES FOR CHIL-
DREN, SPOUSES, SURVIVING SPOUSES, AND DEPENDENT
PARENTS.—Paragraph (2) of section 7721(b) is amended
to read as follows:
‘‘(2) the term ‘eligible dependent’ means a
spouse, surviving spouse, child, or dependent parent
of a person who served in the active military, naval,
or air service.’’.
(b) IMPROVED OUTREACH PROGRAM.—(1) Subchapter
II of chapter 77 is amended by adding at the end the fol-
lowing new section:
‘‘§ 7727. Outreach for eligible dependents
‘‘(a) In carrying out this subchapter, the Secretary
shall ensure that the needs of eligible dependents are fully
addressed.
‘‘(b) The Secretary shall ensure that the availability
of outreach services and assistance for eligible dependents
under this subchapter is made known through a variety of
means, including the Internet, announcements in veterans
publications, and announcements to the media.’’.
(2) The table of sections at the beginning of that chap-
ter is amended by inserting after the item relating to section
7726 the following new item:
‘‘7727. Outreach for eligible dependents.’’.
(27) Clause (i) of section 6655(g)(1)(A) of such
Code is amended by striking ‘‘or 1201(a)’’.
(28)(A) 
The 
second 
sentence 
of 
section
7518(g)(6)(A) of such Code is amended to read as
follows:
‘‘No tax shall be imposed under the preceding
sentence with respect to the portion of any non-
qualified withdrawal made out of the capital
gain account.’’
(B) 
The 
second 
sentence 
of 
section
607(h)(6)(A) of the Merchant Marine Act, 1936, is
amended to read as follows:
‘‘No tax shall be imposed under the preceding
sentence with respect to the portion of any non-
qualified withdrawal made out of the capital
gain account.’’
(29) The table of sections for part I of sub-
chapter P of chapter 1 of such Code is amended to
read as follows:
‘‘Sec. 1201. Capital gains deduction.’’
(d) EFFECTIVE DATES.—
(1) IN
GENERAL.—Except as otherwise pro-
vided in this subsection, the amendments made by
this section shall apply to taxable years ending after
December 31, 2004.
(2) REPEAL
OF
SECTION
1(h).—The amend-
ment made by subsection (c)(1) shall apply to tax-
able years beginning after December 31, 2004.
(3) CONTRIBUTIONS.—The amendment made
by subsection (c)(4) shall apply only to contributions
on or after January 1, 2005.
(4) WITHHOLDING.—The amendment made by
subsection (c)(25) shall apply only to amounts paid
after the date of the enactment of this Act.
(5) COORDINATION
WITH
PRIOR
TRANSITION
RULE.—Any amount treated as long-term capital
gain by reason of paragraph (3) of section 1122(h)
of the Tax Reform Act of 1986 shall not be taken
into account for purposes of applying section 1201
of the Internal Revenue Code of 1986 (as added by
this section).
Æ
‘‘(C) meet such other conditions as the
Secretary may establish.
‘‘(3) SECRETARY’S OPTION FOR NONCOMPETI-
TIVE DESIGNATION.—The Secretary may designate
an entity to provide disease management services
under this section without regard to the require-
ments of section 5 of title 41, United States Code.
‘‘(h) STANDARDS.—
‘‘(1) QUALITY.—The Secretary shall establish
standards for, and procedures for assessing, the
quality of care provided by disease management or-
ganizations under this section, which shall include—
‘‘(A) performance standards with respect
to the processes or outcomes of health care or
the health status of enrolled individuals, includ-
ing procedures for establishing a baseline and
measuring changes in health care processes or
health outcomes with respect to managed dis-
eases or health conditions;
‘‘(B) such other quality standards, includ-
ing patient satisfaction, as the Secretary may
find appropriate; and
‘‘(C) a requirement that the organization
meet such licensure and other accreditation
SEC. 103. INCLUSION OF CERTAIN PRIVATE TECHNOLOGY
ENTITIES 
IN 
THE 
DEFINITION 
OF 
EDU-
CATIONAL INSTITUTION.
(a) IN GENERAL.—Sections 3452(c) and 3501(a)(6)
are each amended by adding at the end the following new
sentence: ‘‘Such term also includes any private entity (that
meets such requirements as the Secretary may establish)
that offers, either directly or under an agreement with an-
other entity (that meets such requirements), a course or
courses to fulfill requirements for the attainment of a li-
cense or certificate generally recognized as necessary to
obtain, maintain, or advance in employment in a profes-
sion or vocation in a technological occupation (as deter-
mined by the Secretary).’’.
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall apply to enrollments in courses occur-
ring on or after the date of the enactment of this Act.
SEC. 104. EXPANSION OF SPECIAL RESTORATIVE TRAINING
BENEFIT TO CERTAIN DISABLED SPOUSES OR
SURVIVING SPOUSES.
(a) IN GENERAL.—Section 3540 is amended by strik-
ing ‘‘section 3501(a)(1)(A) of this title’’ and inserting
‘‘subparagraphs (A), (B), and (D) of section 3501(a)(1)
of this title’’.
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106
(3)(A) 
Section 
1816(b)(1)(A) 
(42 
U.S.C.
1395h(b)(1)(A)) is amended by striking ‘‘after ap-
plying the standards, criteria, and procedures’’ and
inserting ‘‘after evaluating the ability of the agency
or organization to fulfill the contract performance
requirements’’.
(B) Section 1816(f)(1) (42 U.S.C. 1395h(f)(1))
is amended to read as follows:
‘‘(f)(1) 
The 
Secretary 
may 
consult 
with
Medicare+Choice organizations under part C of this title,
providers of services and other persons who furnish items
or services for which payment may be made under this
title, and organizations and agencies performing functions
necessary to carry out the purposes of this part with re-
spect to performance requirements for contracts under
subsection (a).’’.
(C) 
The 
second 
sentence 
of 
section
1842(b)(2)(A) 
(42 
U.S.C. 
1395u(b)(2)(A)) 
is
amended to read as follows: ‘‘The Secretary may
consult with Medicare+Choice organizations under
part C of this title, providers of services and other
persons who furnish items or services for which pay-
ment may be made under this title, and organiza-
tions and agencies performing functions necessary to
carry out the purposes of this part with respect to
(b) APPLICATION TO CASES.—(1) Section 2(a) shall
apply to cases pending on or after the date of the enact-
ment of this Act.
(2) The amendments made by subsections (b), (c),
and (d) of section 2 shall apply only with respect to cases
commenced on or after the date of the enactment of this
Act.
Passed the House of Representatives March 14,
2001.
Attest:
Clerk.
I 
108TH CONGRESS 
2D SESSION 
H. R. 4915
To amend the Internal Revenue Code of 1986 to encourage investment in 
small companies. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 22, 2004
Mr. FERGUSON 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 encourage 
investment in small companies.
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 ‘‘Small Investment Tax 
Relief Act of 2004’’. 
SEC. 2. EXCLUSION FOR GAIN FROM STOCK OF SMALL, 
PUBLICLY TRADED COMPANIES. 
(a) IN GENERAL.—Part 1 of subchapter P of chapter 
1 of the Internal Revenue Code of 1986 (relating to treat-
ment of capital gains) is amended by inserting after sec-
tion 1202 the following new section: 
‘‘SEC. 1203. EXCLUSION FOR GAIN FROM STOCK OF SMALL, 
PUBLICLY TRADED COMPANIES. 
‘‘(a) GENERAL RULE.—In the case of a taxpayer 
other than a corporation, gross income shall not include 
any gain from the sale or exchange of section 1203 stock 
held for more than 1 year. 
‘‘(b) LIMITATION.—The amount excluded under sub-
section (a) for a taxable year may not exceed $100,000 
($50,000 in the case of a separate return by a married 
individual). 
‘‘(c) 1203 STOCK.—For purposes of subsection (a), 
the term ‘1203 stock’ means any stock— 
‘‘(1) in a C corporation which is acquired after 
the date of the enactment of this section if—
‘‘(A) as of the date of acquisition, such 
corporation is a qualified small business, and 
‘‘(B) except as provided in subsection (e), 
such stock is acquired—
‘‘(i) in exchange for money or other 
property, or 
‘‘(ii) as compensation for services pro-
vided to such corporation (other than serv-
ices performed as an underwriter of such 
stock), and 
‘‘(2) which, at the time of sale or exchange giv-
ing rise to gain to be excluded under subsection (a), 
is publicly traded on any established domestic na-
tional or regional stock exchange or stock market, 
the Over the Counter Bulletin Board, or the Na-
tional Quotation Bureau. 
For purposes of the preceding sentence, rules similar to 
the rules of section 1202(c)(3) shall apply. 
‘‘(d) QUALIFIED SMALL BUSINESS.—For purposes of 
this section—
‘‘(1) IN GENERAL.—The term ‘qualified small 
business’ means any domestic corporation which is a 
C corporation if the market capitalization of such 
corporation (or any predecessor thereof), determined 
with respect to the date of acquisition of stock, is 
not more than $150,000,000. 
‘‘(2) DETERMINATION OF MARKET CAPITALIZA-
TION.—For purposes of paragraph (1), market cap-
italization, with respect to the date of acquisition of 
stock, shall be—
‘‘(A) the amount equal to—
‘‘(i) the closing price of a share of 
stock in the corporation as of the end of
156
publish procedures for compensating pharmacists for
providing the counseling described in paragraph (2).
‘‘(c) RULES RELATING
TO PROVISION
OF BENE-
FITS.—
‘‘(1) PROVISION OF BENEFITS.—
‘‘(A) IN GENERAL.—In providing benefits
under this part, the Secretary (directly or
through contracts) shall employ mechanisms to
provide benefits economically, including the use
of—
‘‘(i) formularies (consistent with para-
graph (2));
‘‘(ii) automatic generic medicine sub-
stitution (unless the physician specifies
otherwise, in which case a 30-day prescrip-
tion may be dispensed pending a consulta-
tion with the physician on whether a ge-
neric substitute can be dispensed in the fu-
ture);
‘‘(iii) tiered copayments (which may
include copayments at a rate higher than
20 percent) to encourage the use of the
lowest cost, on-formulary product in cases
where there is no restrictive prescription
(described in subparagraph (C)(i)); and