datamatters24/research-document-archive huggingface dataset:
123
of items or services is covered under such parts, the
following limitations apply:
‘‘(i) Upon the filing of a complaint by an
aggrieved party, such a determination shall be
reviewed by an administrative law judge of the
Social Security Administration. The administra-
tive law judge shall review the record and shall
permit discovery and the taking of evidence to
evaluate the reasonableness of the determina-
tion. In reviewing such a determination, the ad-
ministrative law judge shall defer only to the
reasonable findings of fact, reasonable interpre-
tations of law, and reasonable applications of
fact to law by the Secretary.
‘‘(ii) Such a determination may be re-
viewed by the Departmental Appeals Board of
the Department of Health and Human Services.
‘‘(iii) A decision of the Departmental Ap-
peals Board constitutes a final agency action
and is subject to judicial review.
‘‘(C) NO MATERIAL ISSUES OF FACT IN DIS-
PUTE.—In the case of review of a determination
under subparagraph (A)(i)(III) or (B)(i) where the
moving party alleges that there are no material
issues of fact in dispute, and alleges that the only
amount assigned with respect to the family pur-
suant to section 408(a)(3).
‘‘(4) FAMILIES THAT NEVER RECEIVED ASSIST-
ANCE.—In the case of any other family, the State
shall pay the amount collected to the family.
‘‘(5) FAMILIES UNDER CERTAIN AGREEMENTS.—
Notwithstanding paragraphs (1) through (4), in the
case of an amount collected for a family in accord-
ance with a cooperative agreement under section
454(33), the State shall distribute the amount col-
lected pursuant to the terms of the agreement.
‘‘(6) STATE FINANCING OPTIONS.—To the extent
that the State share of the amount payable to a fam-
ily for a month pursuant to paragraph (2)(B) of this
subsection exceeds the amount that the State estimates
(under procedures approved by the Secretary) would
have been payable to the family for the month pursu-
ant to former section 457(a)(2) (as in effect for the
State immediately before the date this subsection first
applies to the State) if such former section had re-
mained in effect, the State may elect to use the grant
made to the State under section 403(a) to pay the
amount, or to have the payment considered a quali-
fied State expenditure for purposes of section
409(a)(7), but not both.’’.
113
‘‘(ii) DEFINITION OF NATIONAL COV-
ERAGE DETERMINATION.—For purposes of
this section, the term ‘national coverage
determination’ means a determination by
the Secretary respecting whether or not a
particular item or service is covered under
this title, including such a determination
under 1862(a)(1).
‘‘(B) LOCAL
COVERAGE
DETERMINATION.—In
the case of a local coverage determination made by
a fiscal intermediary or a carrier under part A or
part B respecting whether a particular type or class
of items or services is covered under such parts, the
following limitations apply:
‘‘(i) Upon the filing of a complaint by an
aggrieved party, such a determination shall be
reviewed by an administrative law judge of the
Social Security Administration. The administra-
tive law judge shall review the record and shall
permit discovery and the taking of evidence to
evaluate the reasonableness of the determina-
tion. In reviewing such a determination, the ad-
ministrative law judge shall defer only to the
reasonable findings of fact, reasonable interpre-
(described in paragraph (1)), cost-sharing
(described in paragraph (2)), and amounts
for which benefits are not provided because
of the application of the initial coverage
limit described in paragraph (3); and
‘‘(ii) such costs shall be treated as in-
curred without regard to whether the indi-
vidual or another person, including a State
program or other third-party coverage, has
paid for such costs.
‘‘(5) ANNUAL
PERCENTAGE
INCREASE.—For
purposes of this part, the annual percentage increase
specified in this paragraph for a year is equal to the
annual percentage increase in average per capita ag-
gregate expenditures for covered outpatient drugs in
the United States for medicare beneficiaries, as de-
termined by the Medicare Benefits Administrator for
the 12-month period ending in July of the previous
year.
‘‘(c) ALTERNATIVE COVERAGE REQUIREMENTS.—A
prescription drug plan or Medicare+Choice plan may pro-
vide a different prescription drug benefit design from the
standard coverage described in subsection (b) so long as
the following requirements are met:
Union Calendar No. 459
106TH CONGRESS
2D SESSION
H. R. 4678
[Report No. 106–793, Part I]
A BILL
To provide more child support money to families
leaving welfare, to simplify the rules governing
the assignment and distribution of child support
collected by States on behalf of children, to im-
prove the collection of child support, to promote
marriage, and for other purposes.
JULY 26, 2000
Reported from the Committee on Ways and Means with
an amendment
JULY 26, 2000
Referral to the Committees on the Judiciary and Edu-
cation and the Workforce extended for a period ending
not later than July 26, 2000
JULY 26, 2000
The Committees on the Judiciary and Education and the
Workforce discharged; committed to the Committee of
the Whole House on the State of the Union and or-
dered to be printed
I
106TH CONGRESS
2D SESSION
H. R. 4679
To reauthorize appropriations from the Violent Crime Reduction Trust Fund
for the State Criminal Alien Assistance Program.
IN THE HOUSE OF REPRESENTATIVES
JUNE 15, 2000
Mrs. KELLY introduced the following bill; which was referred to the
Committee on the Judiciary
A BILL
To reauthorize appropriations from the Violent Crime Reduc-
tion Trust Fund for the State Criminal Alien Assistance
Program.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. STATE CRIMINAL ALIEN ASSISTANCE PRO-
GRAM REAUTHORIZATION.
Section 241(i)(5) of the Immigration and Nationality
Act (8 U.S.C. 1231(i)(5)) is amended—
(1) in subparagraph (E), by striking ‘‘and’’ at
the end;
(2) in subparagraph (F), by striking the period
at the end and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(G) $850,000,000 for each of fiscal years
2001 through 2004.’’.
Æ
I
106TH CONGRESS
1ST SESSION
H. R. 467
To amend section 313(p)(3) of the Tariff Act of 1930 to allow duty drawback
for Methyl Tertiary-butyl Ether (‘‘MTBE’’), a finished petroleum derivative.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 2, 1999
Mr. SAM JOHNSON of Texas introduced the following bill; which was referred
to the Committee on Ways and Means
A BILL
To amend section 313(p)(3) of the Tariff Act of 1930 to
allow duty drawback for Methyl Tertiary-butyl Ether
(‘‘MTBE’’), a finished petroleum derivative.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SUBSTITUTION OF FINISHED PETROLEUM DE-
RIVATIVES.
(a) IN GENERAL.—Section 313(p)(3)(A)(i)(I) of the
Tariff Act of 1930 (19 U.S.C. 1313(p)(3)(A)(i)(I)) is
amended by striking ‘‘and 2902’’ and inserting ‘‘2902,
and 2909.19.14’’.
(b) EFFECTIVE DATE.—The amendment made by
this section shall take effect on the date of the enactment
‘‘(B) which are not prescribed in accord-
ance with the plan or this part.
Such exclusions are determinations subject to recon-
sideration and appeal pursuant to section 1860C(f).
‘‘(5) STUDY ON INCLUSION OF DRUGS TREAT-
ING MORBID OBESITY.—The Medicare Policy Advi-
sory Board shall provide for a study on removing the
exclusion under paragraph (2)(A) for coverage of
agents used for weight loss in the case of morbidly
obese individuals. The Board shall report to Con-
gress on the results of the study not later than
March 1, 2002.
‘‘SEC. 1860C. BENEFICIARY PROTECTIONS FOR QUALIFIED
PRESCRIPTION DRUG COVERAGE.
‘‘(a) GUARANTEED
ISSUE
COMMUNITY-RELATED
PREMIUMS AND NONDISCRIMINATION.—For provisions re-
quiring guaranteed issue, community-rated premiums, and
nondiscrimination, see sections 1860A(c)(1), 1860A(c)(2),
and 1860F(b).
‘‘(b) DISSEMINATION OF INFORMATION.—
‘‘(1) GENERAL INFORMATION.—A PDP sponsor
shall disclose, in a clear, accurate, and standardized
form to each enrollee with a prescription drug plan
offered by the sponsor under this part at the time
of enrollment and at least annually thereafter, the
of this Act, and shall apply to drawback claims filed on
and after such date.
Æ
137
Secretary under subsection (l) to each individual en-
titled to benefits under this title to whom such pro-
vider of services furnishes services, upon admission
of the individual to the provider of services and upon
notice of determination to discharge the individual
from the provider of services, of the individual’s limi-
tations of liability under this section and rights of
appeal under section 1869.
‘‘(2) If the individual, prior to discharge from
the provider of services, appeals the determination to
discharge under section 1869 not later than noon of
the first working day after the date the individual
receives the notice of determination to discharge and
notice of appeal rights under paragraph (1), the pro-
vider of services shall, by the close of business of
such first working day, provide to the Secretary (or
qualified independent contractor under section 1869,
as determined by the Secretary) the records required
to review the determination.
‘‘(l) The Secretary shall develop appropriate standard
forms for individuals entitled to benefits under this title
to waive limitation of liability protections under subsection
(j) and to receive notice of discharge and appeal rights
under subsection (k). The forms developed by the Sec-
retary under this subsection shall clearly and in plain lan-
134
HR 4680 PCS
‘‘(E) 
EXPLANATION
OF
DETERMINA-
TIONS.—Any determination of a qualified inde-
pendent contractor shall be in writing, and shall
include a detailed explanation of the determina-
tion as well as a discussion of the pertinent
facts and applicable regulations applied in mak-
ing such determination.
‘‘(F) NOTICE REQUIREMENTS.—Whenever
a qualified independent contractor makes a de-
termination under this subsection, the qualified
independent contractor shall promptly notify
such individual and the entity responsible for
the payment of claims under part A or part B
of such determination.
‘‘(G) DISSEMINATION OF INFORMATION.—
Each qualified independent contractor shall,
using the methodology established by the Sec-
retary under subsection (d)(4), make available
all determinations of such qualified independent
contractors to fiscal intermediaries (under sec-
tion 1816), carriers (under section 1842), peer
review organizations (under part B of title XI),
Medicare+Choice 
organizations 
offering
Medicare+Choice plans under part C, and
other entities under contract with the Secretary
‘‘(i) during the first 12-month periods
described in subparagraphs (A) and (B)
shall not exceed $50,000,000;
‘‘(ii) during the second 12-month peri-
ods 
so 
described 
shall 
not 
exceed
$50,000,000; and
‘‘(iii) during the third 12-month peri-
ods 
so 
described 
shall 
not 
exceed
$50,000,000.
‘‘(l) MAINTENANCE OF EFFORT.—The Secretary may
not reimburse the Secretary of Veterans Affairs, from the
trust funds, for medicare health care services furnished
under the demonstration project to targeted medicare-eli-
gible veterans at a demonstration site in a year until the
expenditures during that year by the Department of Vet-
erans Affairs for such services provided at that site to in-
dividuals that meet the definition of a targeted medicare-
eligible veteran under subsection (a)(4) (without regard to
subparagraph (D) of such section) exceeds such expendi-
tures at the site for such services provided to such individ-
uals during a baseline period determined by the admin-
istering Secretaries.
‘‘(m) ANNUAL RECONCILIATION TO ASSURE NO IN-
CREASE IN COSTS TO MEDICARE PROGRAM.—
156
in coordination with the study provided for under section
213(a) of the Medicare, Medicaid, and SCHIP Balanced
Budget Refinement Act of 1999 (113 Stat. 1501A-350), as
enacted into law by section 1000(a)(6) of Public Law 106-
113.
(f) REPORT.—Not later than 6 months after the date
of the enactment of this Act, the Comptroller General shall
submit a report on the study conducted under this section,
as well as the study referred to in subsection (e). Such re-
port shall include recommendations regarding such changes
in the medicare reimbursement policies described in sub-
sections (a) and (c) as the Comptroller General deems ap-
propriate, as well as the recommendations described in sec-
tion 213(b) of the Medicare, Medicaid, and SCHIP Bal-
anced Budget Refinement Act of 1999.
Union Calendar No. 396
106TH CONGRESS
2D SESSION
H. R. 4680
[Report No. 106–703, Part I]
A BILL
To amend title XVIII of the Social Security Act to
provide for a voluntary program for prescription
drug coverage under the Medicare Program, to
modernize the Medicare Program, and for other
purposes.
JUNE 27, 2000
Reported from the Committee on Ways and Means with
an amendment
JUNE 27, 2000
Referral to the Committee on Commerce extended for a
period ending not later than June 27, 2000
JUNE 27, 2000
Committee on Commerce discharged; committed to the
Committee of the Whole House on the State of the
Union, and ordered to be printed
I
106TH CONGRESS
2D SESSION
H. R. 4683
To provide for the issuance of patents for the countries receiving trade
benefits under the Generalized System of Preferences, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 15, 2000
Mr. SAXTON (for himself and Ms. KAPTUR) introduced the following bill;
which was referred to the Committee on the Judiciary, and in addition
to the Committee on International Relations, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
A BILL
To provide for the issuance of patents for the countries
receiving trade benefits under the Generalized System
of Preferences, 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 ‘‘International Patent
Act of 2000’’.
SEC. 2. FINDINGS.
The Congress finds that—
(1) the strength and quality of United States
patents are recognized throughout the world;
(2) patents are defined under United States law
as a private property right;
(3) the United States is regarded as the world
leader in intellectual property;
(4) patents are a societal and economic good for
a country;
(5) technology enhances a country’s growth and
patents are an integral part of that growth;
(6) patents create jobs and new businesses;
(7) patents are a source of lifting the standard
of living in a country;
(8) patents and innovation are a source of in-
creasing income for business and citizens of the
country;
(9) patentable products are a source of trade
for a country; and
(10) the successful 207-year-old Federal agency
responsible for issuing patents can be a source of ex-
pertise and support for other countries.
SEC. 3. DEFINITIONS.
In this Act:
(1) DIRECTOR OF THE PATENT AND TRADE-
MARK OFFICE.—The term ‘‘Director of the Patent
Agencies Appropriations Act, 2000 (as enacted into law
by section 1000(a)(1) of Public Law 106–113) shall apply
for fiscal year 2001 and thereafter.
SEC. 109. Section 3024 of the Emergency Supple-
mental Appropriations Act, 1999 (Public Law 106–31)
shall apply for fiscal year 2001.
SEC. 110. For fiscal year 2001 and thereafter, sec-
tion 109 of Public Law 103–317 (28 U.S.C. 509 note)
shall apply only to litigation in which the United States,
or an agency or officer of the United States, is a defend-
ant. The preceding sentence shall not apply to litigation
filed before January 1, 2000, that has received funding
under section 109 of Public Law 103–317 (28 U.S.C. 509
note).
SEC. 111. Section 115 of the Departments of Com-
merce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 2000 (as enacted into law
by section 1000(a)(1) of Public Law 106–113) shall apply
for fiscal year 2001.
SEC. 112. Section 286 of the Immigration and Na-
tionality Act (8 U.S.C. 1356) is amended by adding at
the end the following new subsections:
‘‘(t) GENEALOGY FEE.—(1) There is hereby estab-
lished the Genealogy Fee for providing genealogy research
and information services. This fee shall be deposited as
HR 468 RFS
(b) SPECIAL MANAGEMENT REQUIREMENTS.—With-
in 3 years of the date of the enactment of this Act, the
Secretary shall seek to develop a management plan for the
scenic area as an amendment to the land and resources
management plan for the Hiawatha National Forest. Such
an amendment shall conform to the provisions of this Act.
Nothing in this Act shall require the Secretary to revise
the land and resource management plan for the Hiawatha
National Forest pursuant to section 6 of the Forest and
Rangeland Renewable Resources Planning Act of 1974
(16 U.S.C. 1604). In developing a plan for management
of the scenic area, the Secretary shall address the fol-
lowing special management considerations:
(1) PUBLIC
ACCESS.—Alternative means for
providing public access from the mainland to the
scenic area shall be considered, including any avail-
able existing services and facilities, concessionaires,
special use permits, or other means of making public
access available for the purposes of this Act.
(2) ROADS.—After the date of the enactment of
this Act, no new permanent roads shall be con-
structed within the scenic area.
(3) VEGETATION
MANAGEMENT.—No timber
harvest shall be allowed within the scenic area, ex-
cept as may be necessary in the control of fire, in-
HR 468 RS
Within 3 years of the acquisition of 50 percent of the land
authorized for acquisition under section 7, the Secretary
shall develop an amendment to the land and resources man-
agement plan for the Hiawatha National Forest which will
direct management of the scenic area. Such an amendment
shall conform to the provisions of this Act. Nothing in this
Act shall require the Secretary to revise the land and re-
source management plan for the Hiawatha National For-
est pursuant to section 6 of the Forest and Rangeland
Renewable Resources Planning Act of 1974 (16 U.S.C.
1604). In developing a plan for management of the scenic
area, the Secretary shall address the following special
management considerations:
(1) PUBLIC
ACCESS.—Alternative means for
providing public access from the mainland to the
scenic area shall be considered, including any avail-
able existing services and facilities, concessionaires,
special use permits, or other means of making public
access available for the purposes of this Act.
(2) ROADS.—After the date of the enactment of
this Act, no new permanent roads shall be con-
structed within the scenic area.
(3) VEGETATION
MANAGEMENT.—No timber
harvest shall be allowed within the scenic area, ex-
cept as may be necessary in the control of fire, in-
SEC. 4. REDUCTION IN PAYMENTS FOR ENROLLEE BAD
DEBT.
(a) IN GENERAL.—Section 1861(v)(1)(T)(iii) of the
Social Security Act (42 U.S.C. 1395x(v)(1)(T)(iii)) is
amended by striking ‘‘45 percent’’ and inserting ‘‘51 per-
cent’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply to cost reporting periods begin-
ning during a fiscal year beginning after September 30,
2000.
Æ
I
106TH CONGRESS
2D SESSION
H. R. 4689
To require Federal authorities to provide information in medical records
seized from a medical practice to that practice in order to enable it
to continue caring for its patients.
IN THE HOUSE OF REPRESENTATIVES
JUNE 15, 2000
Mr. WALSH (for himself, Mr. MCHUGH, Ms. SLAUGHTER, Mr. PAUL, Mr.
SOUDER, Mr. QUINN, Mr. CALVERT, Mr. COOKSEY, and Mr. HILLEARY)
introduced the following bill; which was referred to the Committee on the
Judiciary
A BILL
To require Federal authorities to provide information in med-
ical records seized from a medical practice to that prac-
tice in order to enable it to continue caring for its
patients.
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 ‘‘Medical Records Sei-
zure Act of 2000’’.
SEC. 2. SEIZED MEDICAL RECORDS.
(a) GENERAL RULE.—Whenever any Federal author-
ity seizes medical records from an active medical practice
(including a hospital), it shall be the duty of that authority
to provide the complete information contained in those
records to that practice not later than 48 hours after the
seizure occurs.
(b) CIVIL ACTION.—Any person aggrieved by a fail-
ure of a Federal authority to carry out a duty imposed
on it by subsection (a) may, in a civil action against that
authority, obtain appropriate relief, including statutory
damages in the amount of $1,000 for each 24 hours of
delay in providing the information beyond the 48 hour pe-
riod specified in subsection (a). For these purposes, if the
delay does not evenly divide into 24-hour segments, the
remainder shall count as a single segment of 24 hours.
Æ
In the Senate of the United States,
October 5 (legislative day, September 22), 2000.
Resolved, That the bill from the House of Representa-
tives (H.R. 468) entitled ‘‘An Act to establish the Saint Hel-
ena Island National Scenic Area.’’, do pass with the following
AMENDMENT:
Page 4, line 1, strike out all after ‘‘REQUIRE-
MENTS.—’’ down to and including ‘‘Forest.’’ in line 5 and
insert: Within 3 years of the acquisition of 50 percent of
the land authorized for acquisition under section 7, the Sec-
retary shall develop an amendment to the land and re-
sources management plan for the Hiawatha National Forest
which will direct management of the scenic area.
Attest:
Secretary.
H. R. 468
One Hundred Sixth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the twenty-fourth day of January, two thousand
An Act
To establish the Saint Helena Island National Scenic Area.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Saint Helena Island National
Scenic Area Act’’.
SEC. 2. ESTABLISHMENT OF SAINT HELENA ISLAND NATIONAL SCENIC
AREA, MICHIGAN.
(a) PURPOSE.—The purposes of this Act are—
(1) to preserve and protect for present and future genera-
tions the outstanding resources and values of Saint Helena
Island in Lake Michigan, Michigan; and
(2) to provide for the conservation, protection, and enhance-
ment of primitive recreation opportunities, fish and wildlife
habitat, vegetation, and historical and cultural resources of
the island.
(b) ESTABLISHMENT.—For the purposes described in subsection
(a), there shall be established the Saint Helena Island National
Scenic Area (in this Act referred to as the ‘‘scenic area’’).
(c) EFFECTIVE UPON CONVEYANCE.—Subsection (b) shall be
effective upon conveyance of satisfactory title to the United States
of the whole of Saint Helena Island, except that portion conveyed
to the Great Lakes Lighthouse Keepers Association pursuant to
section 1001 of the Coast Guard Authorization Act of 1996 (Public
Law 104–324; 110 Stat. 3948).
SEC. 3. BOUNDARIES.
(a) SAINT HELENA ISLAND.—The scenic area shall comprise
all of Saint Helena Island, in Lake Michigan, Michigan, and all
associated rocks, pinnacles, islands, and islets within one-eighth
mile of the shore of Saint Helena Island.
(b) BOUNDARIES OF HIAWATHA NATIONAL FOREST EXTENDED.—
Upon establishment of the scenic area, the boundaries of the Hia-
watha National Forest shall be extended to include all of the lands
within the scenic area. All such extended boundaries shall be
deemed boundaries in existence as of January 1, 1965, for the
purposes of section 8 of the Land and Water Conservation Fund
Act of 1965 (16 U.S.C. 460l–9).
(c) PAYMENTS TO LOCAL GOVERNMENTS.—Solely for purposes
of payments to local governments pursuant to section 6902 of title
31, United States Code, lands acquired by the United States under
this Act shall be treated as entitlement lands.