datamatters24/research-document-archive huggingface dataset:
‘‘(2) The cause of action established by this sub-
section shall only be available as a remedy against impair-
ing actions that would not be lawful but for subsection
(a).
‘‘(e) SUITS BY UNITED STATES.—The Attorney Gen-
eral of the United States may seek injunctive relief in the
appropriate United States district court to prevent a copy-
right owner from engaging in impairing activities that
would not be lawful but for subsection (a) if that owner
has engaged in a pattern or practice of impairing the dis-
tribution, display, performance, or reproduction of com-
puter files or data without a reasonable basis to believe
that infringement of copyright has occurred.
‘‘(f) CONSTRUCTION WITH OTHER STATUTES.—(1)
Nothing in this section shall be construed as limiting the
authority of a copyright owner to take any otherwise law-
ful action to enforce any of the exclusive rights granted
by section 106.
‘‘(2) Nothing in this section shall limit any remedies
available to a person under section 1030 of title 18, or
under any other State or Federal statute or any other law,
against a copyright owner who fails to qualify for the pro-
tections afforded under subsection (a).
‘‘(3) Actions taken by a copyright owner pursuant to
subsection (a) shall not be considered by a court for any
‘‘Sec. 12009. Report by Administrator.
‘‘Sec. 12010. Penalties.’’.
Æ
I
107TH CONGRESS
2D SESSION
H. R. 5212
To amend the Internal Revenue Code of 1986 to increase the limitation
on capital losses an individual may deduct against ordinary income,
and to adjust such amount for inflation.
IN THE HOUSE OF REPRESENTATIVES
JULY 25, 2002
Mr. ISTOOK 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 increase
the limitation on capital losses an individual may deduct
against ordinary income, and to adjust such amount
for inflation.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. TREATMENT OF CAPITAL LOSSES OF TAX-
PAYERS OTHER THAN CORPORATIONS.
(a) INCREASE IN LIMITATION ON LOSSES ALLOW-
ABLE AGAINST ORDINARY INCOME.—Paragraph (1) of
section 1211(b) of the Internal Revenue Code of 1986 (re-
lating to limitation on capital losses of taxpayers other
than corporations) is amended—
(1) 
by 
striking 
‘‘$3,000’’ 
and 
inserting
‘‘$20,000’’, and
(2) 
by 
striking 
‘‘$1,500’’ 
and 
inserting
‘‘$10,000’’.
(b) ADJUSTMENT FOR INFLATION.—Section 1211 of
such Code (relating to limitation on capital losses) is
amended by adding at the end the following new sub-
section:
‘‘(c) ADJUSTMENT FOR INFLATION.—
‘‘(1) IN GENERAL.—In the case of any taxable
year beginning in a calendar year after 2002, the
$20,000 and $10,000 amounts contained in sub-
section (b)(1) shall each be increased by an amount
equal to—
‘‘(A) such amount, multiplied by
‘‘(B) the cost-of-living adjustment deter-
mined under section 1(f)(3) for the calendar
year in which the taxable year begins by sub-
stituting ‘calendar year 2001’ for ‘calendar year
1992’ in subparagraph (B) thereof.
‘‘(2) ROUNDING.—If any increase determined
under paragraph (1) is not a multiple of $5, such
increase shall be rounded to the next highest mul-
tiple of $5.’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply to taxable years beginning after
December 31, 2001.
Æ
I
107TH CONGRESS
2D SESSION
H. R. 5213
To redesignate the Federal building located at 935 Pennsylvania Avenue
Northwest in the District of Columbia as the ‘‘Federal Bureau of Inves-
tigation Building’’.
IN THE HOUSE OF REPRESENTATIVES
JULY 25, 2002
Mr. BURTON of Indiana (for himself, Mr. LATOURETTE, Mr. SHAYS, Mr.
DELAHUNT, Mr. LEWIS of Georgia, and Mr. TIERNEY) introduced the
following bill; which was referred to the Committee on Transportation
and Infrastructure
A BILL
To redesignate the Federal building located at 935 Pennsyl-
vania Avenue Northwest in the District of Columbia as
the ‘‘Federal Bureau of Investigation Building’’.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. REDESIGNATION.
The Federal building located at 935 Pennsylvania
Avenue Northwest in the District of Columbia, commonly
known as the J. Edgar Hoover Federal Building, shall be
known and designated as the ‘‘Federal Bureau of Inves-
tigation Building’’.
SEC. 2. REFERENCES.
Any reference in a law, map, regulation, document,
paper, or other record of the United States to the Federal
building referred to in section 1 shall be deemed to be
a reference to the ‘‘Federal Bureau of Investigation Build-
ing’’.
Æ
and conditions as the Secretary of the Interior and the 
Secretary of Agriculture consider necessary, as a result 
of the environmental review under subsection (c), to pro-
tect the value of historic, cultural, and natural resources 
under the jurisdiction of the Department of the Interior 
or the Department of Agriculture
Æ
ventilation, communication, lighting, and passenger
egress upgrades.
(3) $40,000,000 for the Washington, D.C.
Union Station tunnels built in 1904 under the Su-
preme Court and House and Senate Office Buildings
to improve ventilation, communication, lighting, and
passenger egress upgrades.
(c) INFRASTRUCTURE UPGRADES.—There are au-
thorized to be appropriated to the Secretary of Transpor-
tation for the use of Amtrak for fiscal year 2003
$3,000,000 for the preliminary design of options for a new
tunnel on a different alignment to augment the capacity
of the existing Baltimore tunnels.
(d) CORRIDOR GROWTH INVESTMENT.—There are
authorized to be appropriated to the Secretary of Trans-
portation for the use of Amtrak for corridor growth invest-
ments in the Northeast Corridor—
(1) for fiscal year 2003, $200,000,000;
(2) for fiscal year 2004, $300,000,000;
(3) for fiscal year 2005, $400,000,000;
(4) for fiscal year 2006, $500,000,000; and
(5) for fiscal year 2007, $600,000,000.
(e) FINANCIAL CONTRIBUTION FROM OTHER TUN-
NEL USERS.—The Secretary shall, taking into account the
ume 482, at page 517 of the official records of the Record-
er’s Office, Mono County, California, may be used for pur-
poses other than the purpose for which those lands were
being used prior to the conveyance to the Mammoth Coun-
ty Water District and such lands may be transferred as
authorized under State law.
Æ
an appellate court designated as the ‘Supreme Court of
Guam’, a trial court designated as the ‘Superior Court of
Guam’, and such other lower local courts as may have
been or shall hereafter be established by the laws of Guam.
‘‘(2) The Supreme Court of Guam may, by rules of
such court, create divisions of the Superior Court of Guam
and other local courts of Guam.
‘‘(3) The courts of record for Guam shall be the Dis-
trict Court of Guam, the Supreme Court of Guam, the
Superior Court of Guam (except the Traffic and Small
Claims divisions of the Superior Court of Guam) and any
other local courts or divisions of local courts that the Su-
preme Court of Guam shall designate.’’.
(b) 
JURISDICTION
AND
POWERS
OF
LOCAL
COURTS.—Section 22A of the Organic Act of Guam (48
U.S.C. 1424–1) is amended to read as follows:
‘‘SEC. 22A. (a) The Supreme Court of Guam shall
be the highest court of Guam and shall—
‘‘(1) have original jurisdiction over proceedings
necessary to protect its appellate jurisdiction and su-
pervisory authority and such other original jurisdic-
tion as the laws of Guam may provide;
‘‘(2) have jurisdiction to hear appeals over any
cause in Guam decided by the Superior Court of
I
107TH CONGRESS
2D SESSION
H. R. 5218
To amend title XVIII of the Social Security Act to provide for payment
under the prospective payment system for hospital outpatient department
services under the Medicare Program for new drugs administered in
such departments as soon as the drug is approved for marketing by
the Commissioner of Food and Drugs.
IN THE HOUSE OF REPRESENTATIVES
JULY 25, 2002
Mr. CAPUANO introduced the following bill; which was referred to the Com-
mittee on Energy and Commerce, and in addition to the Committee on
Ways and Means, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned
A BILL
To amend title XVIII of the Social Security Act to provide
for payment under the prospective payment system for
hospital outpatient department services under the Medi-
care Program for new drugs administered in such depart-
ments as soon as the drug is approved for marketing
by the Commissioner of Food and Drugs.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. MEDICARE PASS-THROUGH PAYMENT UNDER
OPD PPS FOR NEW DRUGS AS OF DATE OF AP-
PROVAL FOR MARKETING.
(a) IN GENERAL.—Section 1833(t)(6)(C)(i) of the
Social Security Act (42 U.S.C. 1395l(t)(6)(C)(i)) is
amended—
(1) in subclause (II), by striking ‘‘on the first
date’’ and all that follows, and inserting the fol-
lowing: ‘‘on the first date on which the drug or bio-
logical is furnished as an outpatient hospital service
after its approval by the Secretary under section 505
of the Federal Food, Drug, and Cosmetic Act or sec-
tion 351 of the Public Health Service Act.’’; and
(2) by adding at the end the following flush
sentence:
‘‘The Secretary shall implement subclause
(II) by allowing the submission of claims
after issuance of a billing code for services
furnished prior to such issuance, or by
other appropriate means.’’.
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall apply to drugs and biologicals ap-
proved by the Secretary of Health and Human Services
on or after January 1, 2003.
Æ
(1) in section 2 (16 U.S.C. 3371) by adding at
the end the following:
‘‘(k) The term ‘prohibited wildlife species’
means any live lion, tiger, leopard, cheetah, jaguar,
cougar, or bear.’’;
(2) in section 3(a)(2) (16 U.S.C. 3372(a)(2))—
(A) in subparagraph (A) by striking ‘‘or’’
the fifth time it appears;
(B) in subparagraph (B) by striking the
semicolon and inserting ‘‘, or’’; and
(C) by adding at the end the following:
‘‘(C) any prohibited wildlife species (sub-
ject to subsection (e));’’; and
(3) by adding at the end the following:
‘‘(e)(1) Subsection (a)(2)(C) does not apply to—
‘‘(A) any zoo, circus, research facility licensed
or registered and inspected by the Federal Govern-
ment, or aquarium;
‘‘(B) any person accredited by the Association
of Sanctuaries or the American Sanctuary Associa-
tion;
‘‘(C) any State university or agency, State-li-
censed wildlife rehabilitator, or State-licensed veteri-
narian;
Guam or other courts established under the laws of
Guam;
‘‘(3) have jurisdiction to issue all orders and
writs in aid of its appellate, supervisory, and original
jurisdiction, including those orders necessary for the
supervision of the judicial branch of Guam;
‘‘(4) have supervisory jurisdiction over the Su-
perior Court of Guam and all other courts in Guam;
‘‘(5) hear and determine appeals by a panel of
three of the justices of the Supreme Court of Guam
and a concurrence of two such justices shall be nec-
essary to a decision of the Supreme Court of Guam
on the merits of an appeal;
‘‘(6) make and promulgate rules governing the
administration of the judiciary and the practice and
procedure in the courts, including procedures for the
determination of an appeal en banc; and
‘‘(7) govern attorney and judicial ethics and the
practice of law in Guam, including admission to
practice law and the conduct and discipline of per-
sons admitted to practice law.
‘‘(b) The Chief Justice of the Supreme Court of
Guam—
‘‘(1) shall preside over the Supreme Court un-
less disqualified or unable to act;
‘‘(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) a requirement that the organization
meet such licensure and other accreditation
standards as the Secretary may find appro-
priate; and
‘‘(C) such other quality standards, includ-
ing patient satisfaction, as the Secretary may
find appropriate.
‘‘(2) COST MANAGEMENT.—The Secretary shall
establish a performance standard with respect to
management or reduction of the aggregate costs of
health care items and services related to managed
health conditions furnished to enrolled individuals,
including procedures for establishing a baseline and
measuring changes in costs for such items and serv-
ices.
‘‘(i) PAYMENT.—
‘‘(1) TERMS OF PAYMENT.—The Secretary may
negotiate or otherwise establish payment terms and
rates for service packages developed under sub-
section (f)(2).
‘‘(2) WITHHOLDING OF PAYMENTS.—An agree-
ment under subsection (g) may provide that the Sec-
retary may withhold up to 10 percent of the amount
due a disease management organization under the
basis of payment established under paragraph (1)
until such time as such organization meets a stand-
ard or standards specified in such agreement.’’.
(b) COVERAGE OF DISEASE MANAGEMENT SERVICES
AS A PART B MEDICAL SERVICE.—
(1) IN GENERAL.—Section 1861(s) of the So-
cial Security Act (42 U.S.C. 1395x(s)) is amended—
(A) in the second sentence, by redesig-
nating paragraphs (16) and (17) as clauses (i)
and (ii), respectively; and
(B) in the first sentence—
(i) in paragraph (14), by striking
‘‘and’’ at the end;
(ii) in paragraph (15), by striking the
period at the end and inserting ‘‘; and’’;
and
(iii) by inserting after paragraph (15)
the following new paragraph:
‘‘(16) disease management services furnished in
accordance with section 1866C.’’.
(2) PART
B
COINSURANCE
AND
DEDUCTIBLE
NOT APPLICABLE TO DISEASE MANAGEMENT SERV-
ICES.—
(A) COINSURANCE.—Section 1833(a)(1) of
such Act (42 U.S.C. 1395l(a)(1)) is amended—
(i) by striking ‘‘and (U)’’ and insert-
ing ‘‘(U)’’; and
(ii) by inserting before the semicolon
at the end the following: ‘‘, and (V) with
respect to disease management services de-
scribed 
in 
section 
1861(s)(16), 
the
amounts paid shall be 100 percent of the
payment amounts established under section
1866C’’.
(B) DEDUCTIBLE.—The first sentence of
section 1833(b) of such Act (42 U.S.C.
1395l(b)) is amended—
(i) by striking ‘‘and (6)’’ and inserting
‘‘(6)’’; and
(ii) by inserting before the period at
the end the following: ‘‘, and (7) such de-
ductible shall not apply with respect to dis-
ease management services (as described in
section 1861(s)(16))’’.
Æ
I
107TH CONGRESS
2D SESSION
H. R. 5220
To amend the Internal Revenue Code of 1986 to allow a minimum deduction
for business use of a home, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JULY 25, 2002
Mr. COLLINS (for himself and Mr. DELAY) 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 allow a
minimum deduction for business use of a home, 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. SHORT TITLE.
This Act may be cited as the ‘‘Home Office Tax Sim-
plification Act of 2002’’.
SEC. 2. MINIMUM DEDUCTION FOR BUSINESS USE OF
HOME.
(a) IN GENERAL.—Subsection (c) of section 280A of
the Internal Revenue Code of 1986 (relating to disallow-
ance of certain expenses in connection with business use
of home, rental of vacation homes, etc.) is amended by
adding at the end the following new paragraph:
‘‘(7) MINIMUM
DEDUCTION.—The deductions
allowable by this chapter by reason of being attrib-
uted to a use referred to in paragraph (5) of a
dwelling unit (before the application of paragraph
(5)) shall not be less than $2,500.’’
(b) EFFECTIVE DATE.—The amendment made by
this section shall apply to taxable years beginning after
the date of the enactment of this Act.
SEC. 3. REPEAL OF DEPRECIATION RECAPTURE ON SALE
OF PRINCIPAL RESIDENCE.
(a) IN GENERAL.—Subsection (d) of section 121 of
the Internal Revenue Code of 1986 (relating to exclusion
of gain from sale of principal residence) is amended by
striking paragraph (6) and by redesignating paragraphs
(7), (8), and (9) and paragraphs (6), (7), and (8), respec-
tively.
(b) EFFECTIVE DATE.—The amendment made by
this section shall apply to sales and exchanges in taxable
years beginning after the date of the enactment of this
Act.
Æ
I
107TH CONGRESS
2D SESSION
H. R. 5222
To remove certain restrictions on the Mammoth Community Water District’s
ability to use certain property acquired by that District from the United
States.
IN THE HOUSE OF REPRESENTATIVES
JULY 25, 2002
Mr. DOOLITTLE (for himself and Mr. MCKEON) introduced the following bill;
which was referred to the Committee on Resources
A BILL
To remove certain restrictions on the Mammoth Community
Water District’s ability to use certain property acquired
by that District from the United States.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. REMOVAL OF CERTAIN RESTRICTIONS ON
PROPERTY.
Notwithstanding Public Law 90–171 (16 U.S.C.
484a; 81 Stat. 531), the approximately 25 acres patented
to the Mammoth County Water District (now known as
the ‘‘Mammoth Community Water District’’) by Patent
No. 04–87–0038, on June 26, 1987, and recorded in Vol-
‘‘(D) any incorporated humane society, animal
shelter, or society for the prevention of cruelty to
animals;
‘‘(E) any federally-licensed and inspected breed-
er or dealer who is conducting any breeding or deal-
ing activity with a person referred to in this para-
graph; and
‘‘(F) any person having custody of a wild ani-
mal solely for the purpose of transporting it to a
person referred to in this paragraph.
‘‘(2) The Secretary, in consultation with the heads
of other relevant Federal agencies shall, within 6 months
after the date of enactment of this subsection, issue regu-
lations describing the persons referred to in paragraph
(1).
‘‘(3) Nothing in this subsection shall be considered
or construed to preempt or supercede the authority of a
State to regulate wildlife species within that State.’’.
(b) APPLICATION.—Section 3(a)(2)(C) of the Lacey
Act Amendments of 1981, as amended by this section,
shall apply after the effective date of regulations under
section 3(e)(2) of such Act.
Æ
‘‘(e) This section shall not apply to a project or activ-
ity during a fiscal year if any other provision of law (other
than an authorization of appropriations)—
‘‘(1) makes an appropriation, makes funds
available, or grants authority for such project or ac-
tivity to continue for such period, or
‘‘(2) specifically provides that no appropriation
shall be made, no funds shall be made available, or
no authority shall be granted for such project or ac-
tivity to continue for such period.
‘‘(f) For purposes of this section, the term ‘regular
appropriation bill’ means any annual appropriation bill
making appropriations, otherwise making funds available,
or granting authority, for any of the following categories
of projects and activities:
‘‘(1) Agriculture, rural development, and re-
lated agencies programs.
‘‘(2) The Departments of Commerce, Justice,
and State, the judiciary, and related agencies.
‘‘(3) The Department of Defense.
‘‘(4) The government of the District of Colum-
bia and other activities chargeable in whole or in
part against the revenues of the District.
‘‘(5) The Departments of Labor, Health and
Human Services, and Education, and related agen-
cies.
‘‘(6) The Department of Housing and Urban
Development, and sundry independent agencies,
boards, commissions, corporations, and offices.
‘‘(7) Energy and water development.
‘‘(8) Foreign assistance and related programs.
‘‘(9) The Department of the Interior and re-
lated agencies.
‘‘(10) Military construction.
‘‘(11) The Department of Transportation and
related agencies.
‘‘(12) The Treasury Department, the U.S.
Postal Service, the Executive Office of the President,
and certain independent agencies.
‘‘(13) The legislative branch.’’.
(b) CLERICAL AMENDMENT.—The analysis of chap-
ter 13 of title 31, United States Code, is amended by in-
serting after the item relating to section 1310 the fol-
lowing new item:
‘‘1311. Continuing appropriations.’’.
(c) PROTECTION OF OTHER OBLIGATIONS.—Nothing
in the amendments made by this section shall be construed
to effect Government obligations mandated by other law,
including obligations with respect to Social Security, Medi-
care, and Medicaid.
SEC. 3. EFFECTIVE DATE AND SUNSET.
(a) EFFECTIVE DATE.—The amendments made by
this Act shall apply with respect to fiscal years beginning
with fiscal year 2003.
(b) SUNSET.—The amendments made by this Act
shall sunset and have no force or effect 3 years after the
date of enactment of this Act.
Æ
I
107TH CONGRESS
2D SESSION
H. R. 5225
To amend title XIX of the Social Security Act to provide for coverage
under the Medicaid Program of organ transplant procedures as an emer-
gency medical procedure for certain alien children.
IN THE HOUSE OF REPRESENTATIVES
JULY 25, 2002
Mr. GUTIERREZ introduced the following bill; which was referred to the
Committee on Energy and Commerce
A BILL
To amend title XIX of the Social Security Act to provide
for coverage under the Medicaid Program of organ trans-
plant procedures as an emergency medical procedure for
certain alien children.
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 ‘‘Alien Child Organ
Transplant Act of 2002’’.
SEC. 2. MEDICAID COVERAGE OF ORGAN TRANSPLANT
PROCEDURES CONSIDERED AS AN EMER-
GENCY MEDICAL PROCEDURE FOR CERTAIN
ALIENS WHO HAVE NOT ATTAINED THE AGE
OF 18 YEARS.
(a) AMENDMENT TO TITLE XIX OF THE SOCIAL SE-
CURITY ACT.—Section 1903(v)(2)(C) of the Social Secu-
rity Act (42 U.S.C. 1396b(v)) is amended to read as fol-
lows:
‘‘(C) such care and services are not related to
an organ transplant procedure, unless the organ
transplant is for an individual who has not attained
the age of 18 years and who either was residing in
the United States on the date of the enactment of
the Alien Child Organ Transplant Act of 2002; or
developed the medical condition necessitating an
organ transplant while residing in the United
States.’’.
(b) 
CONFORMING
AMENDMENT.—Section
401(b)(1)(A) of the Personal Responsibility and Work Op-
portunity 
Reconciliation 
Act 
of 
1996 
(8 
U.S.C.
1611(b)(1)(A)) is amended—
(1) by striking ‘‘1903(v)(3)’’ and inserting
‘‘1903(v)’’; and
(2) by striking ‘‘procedure,’’ and inserting ‘‘pro-
cedure (unless the alien has not attained the age of
18 years and either was residing in the United
States on the date of the enactment of the Alien
Child Organ Transplant Act of 2002 or developed
the medical condition necessitating an organ trans-
plant while residing in the United States),’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply to care and services furnished on
or after the date of the enactment of this Act.
Æ
I
107TH CONGRESS
2D SESSION
H. R. 5226
To amend the Lacey Act Amendments of 1981 to further the conservation
of certain wildlife species.
IN THE HOUSE OF REPRESENTATIVES
JULY 25, 2002
Mr. GEORGE MILLER of California introduced the following bill; which was
referred to the Committee on Resources
A BILL
To amend the Lacey Act Amendments of 1981 to further
the conservation of certain wildlife species.
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 ‘‘Captive Wildlife Safety
Act’’.
SEC. 2. PROHIBITION ON IMPORT, ETC. OF CERTAIN WILD-
LIFE.
(a) IN GENERAL.—The Lacey Act Amendments of
1981 is amended—