datamatters24/research-document-archive huggingface dataset:
the liability determination and the choice of law deter-
mination shall not be subject to further review by appeal 
or otherwise. 
‘‘(4) Any decision under this subsection concerning 
remand for the determination of damages shall not be re-
viewable by appeal or otherwise. 
‘‘(5) An action removed under this subsection shall 
be deemed to be an action under section 1369 and an ac-
tion in which jurisdiction is based on section 1368 of this 
title for purposes of this section and sections 1407, 1660, 
1697, and 1785 of this title. 
‘‘(6) Nothing in this subsection shall restrict the au-
thority of the district court to transfer or dismiss an ac-
tion on the ground of inconvenient forum.’’. 
(e) CHOICE OF LAW.— 
(1) DETERMINATION BY THE COURT.—Chapter 
111 of title 28, United States Code, is amended by 
adding at the end the following new section: 
‘‘§ 1660. Choice of law in multiparty, multiforum ac-
tions 
‘‘(a) FACTORS.—In an action which is or could have 
been brought, in whole or in part, under section 1369 of 
this title, the district court in which the action is brought 
or to which it is removed shall determine the source of 
the applicable substantive law, except that if an action is 
VerDate Aug 31 2005 
11:40 May 08, 2006
Jkt 049200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\PICKUP\H2112.EH
H2112
erjones on PROD1PC71 with BILLS
(26) Section 936(a)(3) of such Code is amended
by striking subparagraph (C), by inserting ‘‘or’’ at
the end of subparagraph (B), and by redesignating
subparagraph (D) as subparagraph (C).
(27) Section 992(d) of such Code is amended
by striking paragraph (2) and by redesignating suc-
ceeding paragraphs accordingly.
(28) Section 992(e) of such Code is amended by
striking ‘‘and section 541 (relating to personal hold-
ing company tax)’’.
(29) Section 1202(e)(8) of such Code is amend-
ed by striking ‘‘section 543(d)(1)’’ and inserting
‘‘section 553(c)(1)’’.
(30) Section 1362(d)(3)(C)(iii) of such Code is
amended by adding at the end the following new
sentence: ‘‘References to section 542 in the pre-
ceding sentence shall be treated as references to
such section as in effect on the day before its re-
peal.’’
(31) Section 1504(c)(2)(B) of such Code is
amended by adding ‘‘and’’ at the end of clause (i),
by striking clause (ii), and by redesignating clause
(iii) as clause (ii).
(32) Section 2057(e)(2)(C) of such Code is
amended by adding at the end the following new
sentence: ‘‘References to sections 542 and 543 in
the preceding sentence shall be treated as references
to such sections as in effect on the day before their
repeal.’’
(33) Sections 6422 of such Code is amended by
striking paragraph (3) and by redesignating para-
graphs (4) through (12) as paragraphs (3) through
(11), respectively.
(34) Section 6501 of such Code is amended by
striking subsection (f).
(35) Section 6503(k) of such Code is amended
by striking paragraph (1) and by redesignating
paragraphs (2) through (5) as paragraphs (1)
through (4), respectively.
(36) Section 6515 of such Code is amended by
striking paragraph (1) and by redesignating para-
graphs (2) through (6) as paragraphs (1) through
(5), respectively.
(37) Section 6501 of such Code is amended by
striking subsection (f).
(38) Section 6515 of such Code is amended by
striking paragraph (1) and by redesignating para-
graphs (2) through (6) as paragraphs (1) through
(5), respectively.
(39) Subsections (d)(1)(B) and (e)(2) of section
6662 of such Code are each amended by striking ‘‘or
a personal holding company (as defined in section
542)’’.
(40) Section 6683 of such Code is hereby re-
pealed.
(d) CLERICAL AMENDMENTS.—
(1) The table of parts for subchapter G of
chapter 1 of such Code is amended by striking the
item relating to part II.
(2) The table of sections for part IV of such
subchapter G is amended by striking the item relat-
ing to section 564.
(3) The table of sections for part I of sub-
chapter B of chapter 68 of such Code is amended
by striking the item relating to section 6683.
(e) EFFECTIVE DATE.—The amendments made by
this Act shall apply to taxable years beginning after De-
cember 31, 1999.
Æ
In the Senate of the United States,
October 27, 1999.
Resolved, That the bill from the House of Representa-
tives (H.R. 2112) entitled ‘‘An Act to amend title 28, United
States Code, to allow a judge to whom a case is transferred
to retain jurisdiction over certain multidistrict litigation cases
for trial, and to provide for Federal jurisdiction of certain
multiparty, multiforum civil actions.’’, do pass with the fol-
lowing
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Multidistrict Jurisdic-
tion Act of 1999’’.
SEC. 2. MULTIDISTRICT LITIGATION.
Section 1407 of title 28, United States Code, is
amended—
(1) in the third sentence of subsection (a), by in-
serting ‘‘or ordered transferred to the transferee or
SEC. 2. MULTIDISTRICT LITIGATION.
Section 1407 of title 28, United States Code, is
amended—
(1) in the third sentence of subsection (a), by
inserting ‘‘or ordered transferred to the transferee
or other district under subsection (i)’’ after ‘‘termi-
nated’’; and
(2) by adding at the end the following new sub-
section:
‘‘(i) Except as provided in subsection (j), any action
transferred under this section by the panel may be trans-
ferred for trial purposes, by the judge or judges of the
transferee district to whom the action was assigned, to the
transferee or other district in the interest of justice and
for the convenience of the parties and witnesses.’’.
SEC. 3. MULTIPARTY, MULTIFORUM JURISDICTION OF DIS-
TRICT COURTS.
(a) BASIS OF JURISDICTION.—
(1) IN
GENERAL.—Chapter 85 of title 28,
United States Code, is amended by adding at the
end the following new section:
‘‘§ 1369. Multiparty, multiforum jurisdiction
‘‘(a) IN GENERAL.—The district courts shall have
original jurisdiction of any civil action involving minimal
diversity between adverse parties that arises from a single
accident, where at least 25 natural persons have either
HR 2112 EAS
other district under subsection (i)’’ after ‘‘termi-
nated’’; and
(2) by adding at the end the following new sub-
section:
‘‘(i)(1) Subject to paragraph (2), any action trans-
ferred under this section by the panel may be transferred,
for trial purposes, by the judge or judges of the transferee
district to whom the action was assigned to the transferee
or other district in the interest of justice and for the conven-
ience of the parties and witnesses.
‘‘(2) Any action transferred for trial purposes under
paragraph (1) shall be remanded by the panel for the deter-
mination of compensatory damages to the district court
from which it was transferred, unless the court to which
the action has been transferred for trial purposes also finds,
for the convenience of the parties and witnesses and in the
interests of justice, that the action should be retained for
the determination of compensatory damages.’’.
HR 2112 EAS
SEC. 3. EFFECTIVE DATE.
The amendments made by this Act shall apply to any
civil action pending on or brought on or after the date of
the enactment of this Act.
Attest:
Secretary.
106TH CONGRESS 
1ST SESSION 
H. R. 2112 
AN ACT 
To amend title 28, United States Code, to allow a 
judge to whom a case is transferred to retain ju-
risdiction over certain multidistrict litigation 
cases for trial, and to provide for Federal juris-
diction of certain multiparty, multiforum civil ac-
tions. 
VerDate Aug 31 2005 
11:40 May 08, 2006
Jkt 049200
PO 00000
Frm 00001
Fmt 6651
Sfmt 6651
E:\PICKUP\H2112.EH
H2112
erjones on PROD1PC71 with BILLS
VerDate Aug 31 2005 
11:40 May 08, 2006
Jkt 049200
PO 00000
Frm 00002
Fmt 6651
Sfmt 6651
E:\PICKUP\H2112.EH
H2112
erjones on PROD1PC71 with BILLS
106TH CONGRESS 
1ST SESSION H. R. 2112 
AN ACT 
To amend title 28, United States Code, to allow a judge 
to whom a case is transferred to retain jurisdiction over 
certain multidistrict litigation cases for trial, and to pro-
vide for Federal jurisdiction of certain multiparty, 
multiforum civil actions. 
VerDate Aug 31 2005 
11:40 May 08, 2006
Jkt 049200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6652
E:\PICKUP\H2112.EH
H2112
erjones on PROD1PC71 with BILLS
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 ‘‘Multidistrict, 
Multiparty, Multiforum Trial Jurisdiction Act of 1999’’. 
SEC. 2. MULTIDISTRICT LITIGATION. 
Section 1407 of title 28, United States Code, is 
amended— 
(1) in the third sentence of subsection (a), by 
inserting ‘‘or ordered transferred to the transferee 
or other district under subsection (i)’’ after ‘‘termi-
nated’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(i)(1) Subject to paragraph (2) and except as pro-
vided in subsection (j), any action transferred under this 
section by the panel may be transferred for trial purposes, 
by the judge or judges of the transferee district to whom 
the action was assigned, to the transferee or other district 
in the interest of justice and for the convenience of the 
parties and witnesses. 
‘‘(2) Any action transferred for trial purposes under 
paragraph (1) shall be remanded by the panel for the de-
termination of compensatory damages to the district court 
from which it was transferred, unless the court to which 
VerDate Aug 31 2005 
11:40 May 08, 2006
Jkt 049200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\PICKUP\H2112.EH
H2112
erjones on PROD1PC71 with BILLS
died or incurred injury in the accident at a discrete loca-
tion and, in the case of injury, the injury has resulted in
damages which exceed $50,000 per person, exclusive of in-
terest and costs, if—
‘‘(1) a defendant resides in a State and a sub-
stantial part of the accident took place in another
State or other location, regardless of whether that
defendant is also a resident of the State where a
substantial part of the accident took place;
‘‘(2) any two defendants reside in different
States, regardless of whether such defendants are
also residents of the same State or States; or
‘‘(3) substantial parts of the accident took place
in different States.
‘‘(b) SPECIAL RULES AND DEFINITIONS.—For pur-
poses of this section—
‘‘(1) minimal diversity exists between adverse
parties if any party is a citizen of a State and any
adverse party is a citizen of another State, a citizen
or subject of a foreign state, or a foreign state as
defined in section 1603(a) of this title;
‘‘(2) a corporation is deemed to be a citizen of
any State, and a citizen or subject of any foreign
state, in which it is incorporated or has its principal
place of business, and is deemed to be a resident of
‘‘(4) To the extent permitted by joint regula-
tions, deposits may be made in excess of the limita-
tion described in paragraph (1) (and any limitation
specified in the agreement) for the taxable year if,
by reason of a change in taxable income for a prior
taxable year that has become final pursuant to a
closing agreement or other similar agreement en-
tered into during the taxable year, the amount of the
deposit could have been made for such prior taxable
year.’’.
(d) TREATMENT OF CAPITAL GAINS AND LOSSES.—
(1) Paragraph (3) of section 7518(d) of such
Code is amended to read as follows:
‘‘(3) CAPITAL
GAIN
ACCOUNT.—The capital
gain account shall consist of—
‘‘(A) amounts representing long-term cap-
ital gains (as defined in section 1222) on assets
held in the fund, reduced by
‘‘(B) amounts representing long-term cap-
ital losses (as defined in such section) on assets
held in the fund.
(2) Subparagraph (B) of section 7518(d)(4) of
such Code is amended to read as follows:
the cause of action occurred on or after the 90th day after
the date of the enactment of this Act.
Union Calendar No. 165
106TH CONGRESS
1ST SESSION
H. R. 2112
[Report No. 106–276]
A BILL
To amend title 28, United States Code, to allow a
judge to whom a case is transferred to retain ju-
risdiction over certain multidistrict litigation
cases for trial, and to provide for Federal juris-
diction of certain multiparty, multiforum civil ac-
tions.
JULY 30, 1999
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union,
and ordered to be printed
II
Calendar No. 341
106TH CONGRESS
1ST SESSION
H. R. 2112
IN THE SENATE OF THE UNITED STATES
SEPTEMBER 14, 1999
Received; read twice and referred to the Committee on the Judiciary
OCTOBER 21, 1999
Reported by Mr. HATCH, with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
AN ACT
To amend title 28, United States Code, to allow a judge
to whom a case is transferred to retain jurisdiction over
certain multidistrict litigation cases for trial, and to pro-
vide for Federal jurisdiction of certain multiparty,
multiforum civil actions.
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
‘‘Multidistrict,
Multiparty, Multiforum Trial Jurisdiction Act of 1999’’.
HR 2112 RS
SEC. 2. MULTIDISTRICT LITIGATION.
Section 1407 of title 28, United States Code, is
amended—
(1) in the third sentence of subsection (a), by
inserting ‘‘or ordered transferred to the transferee
or other district under subsection (i)’’ after ‘‘termi-
nated’’; and
(2) by adding at the end the following new sub-
section:
‘‘(i)(1) Subject to paragraph (2) and except as pro-
vided in subsection (j), any action transferred under this
section by the panel may be transferred for trial purposes,
by the judge or judges of the transferee district to whom
the action was assigned, to the transferee or other district
in the interest of justice and for the convenience of the
parties and witnesses.
‘‘(2) Any action transferred for trial purposes under
paragraph (1) shall be remanded by the panel for the de-
termination of compensatory damages to the district court
from which it was transferred, unless the court to which
the action has been transferred for trial purposes also
finds, for the convenience of the parties and witnesses and
in the interests of justice, that the action should be re-
tained for the determination of compensatory damages.’’.
HR 2112 RS
SEC. 3. MULTIPARTY, MULTIFORUM JURISDICTION OF DIS-
TRICT COURTS.
(a) BASIS OF JURISDICTION.—
(1) IN
GENERAL.—Chapter 85 of title 28,
United States Code, is amended by adding at the
end the following new section:
‘‘§ 1369. Multiparty, multiforum jurisdiction
‘‘(a) IN GENERAL.—The district courts shall have
original jurisdiction of any civil action involving minimal
diversity between adverse parties that arises from a single
accident, where at least 25 natural persons have either
died or incurred injury in the accident at a discrete loca-
tion and, in the case of injury, the injury has resulted in
damages which exceed $75,000 per person, exclusive of in-
terest and costs, if—
‘‘(1) a defendant resides in a State and a sub-
stantial part of the accident took place in another
State or other location, regardless of whether that
defendant is also a resident of the State where a
substantial part of the accident took place;
‘‘(2) any two defendants reside in different
States, regardless of whether such defendants are
also residents of the same State or States; or
‘‘(3) substantial parts of the accident took place
in different States.
HR 2163 IH
SEC. 2. REFERENCES.
Any reference in a law, map, regulation, document,
paper, or other record of the United States to the United
States courthouse referred to in section 1 shall be deemed
to be a reference to the ‘‘Ted Weiss United States Court-
house’’.
Æ
I
106TH CONGRESS
1ST SESSION
H. R. 2113
To amend title I of the Employee Retirement Income Security Act of 1974
to ensure proper disclosure to participants and beneficiaries under group
health plans covered under such title of limitations placed by such title
on certain protections that would otherwise apply under State law.
IN THE HOUSE OF REPRESENTATIVES
JUNE 9, 1999
Mr. SNYDER (for himself, Mr. GREEN of Texas, Mr. FROST, Mr. OLVER, and
Mr. HINCHEY) introduced the following bill; which was referred to the
Committee on Education and the Workforce
A BILL
To amend title I of the Employee Retirement Income Secu-
rity Act of 1974 to ensure proper disclosure to partici-
pants and beneficiaries under group health plans covered
under such title of limitations placed by such title on
certain protections that would otherwise apply under
State law.
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 ‘‘Group Health Plan
Disclosure Act of 1999’’.
SEC. 2. NOTICE TO PARTICIPANTS AND BENEFICIARIES OF
GROUP HEALTH PLANS OF EFFECT OF ERISA
LIMITATIONS ON PROTECTIONS OTHERWISE
APPLICABLE UNDER STATE LAW.
(a) IN GENERAL.—Section 102 of the Employee Re-
tirement Income Security Act of 1974 (29 U.S.C. 1022)
is amended by adding at the end the following new sub-
section:
‘‘(c) In the case of a group health plan (as defined
in section 733(a)(1)), the summary plan description shall
include a separate written notice stating that—
‘‘(1) the provision of Federal causes of action
under this title may preclude other State law causes
of action against a group health plan, or against a
health insurance issuer offering health insurance
coverage in connection with a group health plan,
which would otherwise be available to a participant
or beneficiary, and
‘‘(2) preemption of State laws under section
514 may preclude the effectiveness of certain State
mandates that would otherwise apply to group
health plans or plan benefits.
The plan administrator shall ensure that such a notice,
meeting the preceding requirements of this subsection and
written in a manner calculated to be understood by the
average plan participant, is provided to participants and
beneficiaries at least annually.’’.
(b) DAILY MONETARY PENALTIES AND OTHER RE-
LIEF FOR VIOLATIONS.—Section 502(c)(1) of such Act
(29 U.S.C. 1132(c)(1)) is amended by inserting ‘‘, section
102(c),’’ after ‘‘section 606’’.
SEC. 3. EFFECTIVE DATE.
The amendments made by this Act shall apply with
respect to plan years beginning on or after January 1,
2001.
Æ
I
106TH CONGRESS
1ST SESSION
H. R. 2114
To establish a Medicare administrative fee for submission of paper claims.
IN THE HOUSE OF REPRESENTATIVES
JUNE 9, 1999
Mr. STARK introduced the following bill; which was referred to the Committee
on Ways and Means, and in addition to the Committee on Commerce,
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 establish a Medicare administrative fee for submission
of paper claims.
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 ‘‘Medicare Paperless
Claims Promotion Act of 1999’’.
SEC. 2. ESTABLISHMENT OF MEDICARE ADMINISTRATIVE
FEE FOR SUBMISSION OF PAPER CLAIMS.
(a) IMPOSITION
OF
FEE.—Notwithstanding any
other provision of law, the Secretary of Health and
Human Services shall establish (in the form of a separate
fee or reduction of payment otherwise made under the
medicare program under title XVIII of the Social Security
Act) an administrative fee of $1 for the submission of a
claim in a paper or non-electronic form for items or serv-
ices for which payment is sought under such title.
(b) EXCEPTION AUTHORITY.—The Secretary—
(1) shall waive the imposition of a fee under
subsection (a) in cases in which there is no method
available for the submission of claims other than in
a written form; and
(2) may waive the imposition of such a fee in
such unusual cases as the Secretary finds appro-
priate.
(c) EFFECTIVE DATE.—Subsection (a) applies to
claims submitted on or after January 1, 2003.
(d) The Secretary shall make available at no charge,
public domain software to facilitate the filing of electronic
forms and claims under title XVIII and XIX of the Social
Security Act.
Æ
HR 2116 EAS
from a chronic illness and who resides primarily
at that residence; and
‘‘(C) is furnished for the purpose of helping
the individual to continue residing primarily at
that residence.’’.
(b) CONFORMING AMENDMENTS TO TITLE 38.—(1)(A)
Section 1720 is amended by striking subsection (f).
(B) The section heading of such section is amended by
striking ‘‘; adult day health care’’.
(2) Section 1720B is repealed.
(3) Chapter 17 is further amended by redesignating
sections 1720C, 1720D, and 1720E as sections 1720B,
1720C, and 1720D, respectively.
(c) CLERICAL AMENDMENTS.—The table of sections for
chapter 17 is amended—
(1) in the item relating to section 1720, by strik-
ing ‘‘; adult day health care’’; and
(2) by striking the items relating to sections
1720B, 1720C, 1720D, and 1720E and inserting the
following:
‘‘1720B. Noninstitutional alternatives to nursing home care.
‘‘1720C. Counseling and treatment for sexual trauma.
‘‘1720D. Nasopharyngeal radium irradiation.’’.
(d) ADDITIONAL CONFORMING AMENDMENT.—Section
101(g)(2) of the Veterans Health Programs Extension Act
of 1994 (Public Law 103–452; 108 Stat. 4785; 38 U.S.C.
benefits for hospital services for the treatment with re-
spect to which the waiver applies.
Æ
HR 4818 RH 
(e) SMALL BUSINESS.—In entering into multiple 
award indefinite-quantity contracts with funds appro-
priated by this Act, the United States Agency for Inter-
national Development may provide an exception to the fair 
opportunity process for placing task orders under such 
contracts when the order is placed with any category of 
small or small disadvantaged business.
(f) RECONSTITUTING CIVILIAN POLICE AUTHOR-
ITY.—In providing assistance with funds appropriated by 
this Act under section 660(b)(6) of the Foreign Assistance 
Act of 1961, support for a nation emerging from insta-
bility may be deemed to mean support for regional, dis-
trict, municipal, or other sub-national entity emerging 
from instability, as well as a nation emerging from insta-
bility. 
(g) NATIONAL ENDOWMENT
FOR DEMOCRACY.—
Funds appropriated by this Act that are provided to the 
National Endowment for Democracy may be provided not-
withstanding any other provision of law or regulation. 
(h) WORLD FOOD PROGRAM.—Of the funds managed 
by the Bureau for Democracy, Conflict, and Humanitarian 
Assistance of the United States Agency for International 
Development, from this or any other Act, not less than 
$6,000,000 shall be made available as a general contribu-
H. Res. 662
In the House of Representatives, U.S.,
June 14, 2004.
Whereas on June 14, 1777, the Stars and Stripes was offi-
cially adopted as the national flag of the United States;
Whereas in 1885, Bernard John Cigrand, a school teacher
from Waubeka, Wisconsin, urged the students at the
public school in Fredonia, Wisconsin, to observe June 14
as ‘‘Flag Birthday’’;
Whereas Mr. Cigrand placed a ten inch 38-star flag in an
inkwell and instructed his students at Stony Hill School
to write essays on what the flag meant to them;
Whereas on May 30, 1916, President Woodrow Wilson issued
a Presidential Proclamation that officially established
June 14 as Flag Day; and
Whereas on August 3, 1949, President Truman signed an
Act of Congress designating June 14 of each year as Na-
tional Flag Day: Now, therefore, be it
Resolved, That the House of Representatives—
(1) urges the people of the United States to study,
reflect on, and celebrate the importance of the flag of
the United States;
(2) encourages the people of the United States to
display the flag of the United States in accordance with
•HRES 662 EH
the provisions of chapter 1 of title 4, United States
Code; and
(3) recognizes that Flag Day originated in Ozaukee
County, Wisconsin.
Attest:
Clerk.