datamatters24/research-document-archive huggingface dataset:
II 
109TH CONGRESS 
1ST SESSION H. R. 4326 
IN THE SENATE OF THE UNITED STATES 
NOVEMBER 16, 2005 
Received 
AN ACT 
To authorize the Secretary of the Navy to enter into a 
contract for the nuclear refueling and complex overhaul 
of the U.S.S. Carl Vinson (CVN–70). 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
HR 4326 RDS 
SECTION 1. REFUELING AND COMPLEX OVERHAUL OF THE 
U.S.S. CARL VINSON. 
(a) CONTRACT AUTHORIZED.—Notwithstanding sec-
tion 1502 of title 31, United States Code, the Secretary 
of the Navy may, subject to subsection (c), enter into a 
contract for the nuclear refueling and complex overhaul 
of the U.S.S. Carl Vinson (CVN–70). 
(b) FISCAL YEAR 2006 LIMITATION.—Funds avail-
able to the Secretary of the Navy for fiscal year 2006 may 
be used for the commencement of work on the contract 
authorized by subsection (a) during fiscal year 2006, but 
only for obligations in an amount not to exceed 
$89,000,000. Additional amounts may be obligated for 
such work for fiscal year 2006 only to the extent to which 
authority is expressly provided by law, and funds are ap-
propriated by law, for such obligations after the date of 
the enactment of this Act. 
(c) CONDITION ON SUBSEQUENT CONTRACT PAY-
MENTS.—A contract entered into under subsection (a) 
shall provide that any obligation of the United States to 
make a payment under the contract— 
(1) for fiscal year 2006 for an amount that 
would result in the total of the amounts so paid 
being in excess of the amount specified in subsection 
(b) is subject to the availability of appropriations for 
that purpose made in an Act making appropriations
HR 4326 RDS 
for the Department of Defense for that fiscal year; 
and 
(2) for a fiscal year after fiscal year 2006 is 
subject to the availability of appropriations for that 
purpose for that fiscal year. 
(d) WAIVER
OF PROHIBITION
OF NEW STARTS 
UNDER
CONTINUING
RESOLUTION
AUTHORITY.—The 
contract authorized by this section may be entered into 
without regard to section 102(a) of Public Law 109–77 
(119 Stat. 2038). 
Passed the House of Representatives November 16, 
2005. 
Attest: 
JEFF TRANDAHL, 
Clerk.
(i) a person engaged in the business 
of extending consumer credit that—
(I) targets customers who are ac-
tive duty members of the Armed 
Forces; or 
(II) knows or has reason to know 
that more than 10 percent of the per-
son’s customers for consumer credit 
products are active duty members of 
the Armed Forces; and 
(ii) any assignee of such person with 
respect to any credit extended to any such 
customer. 
(B) 
EXCEPTION.—The 
term 
‘‘military 
lender’’ does not include any insured depository 
institution, except as provided in paragraph 
(3)(B). 
(C) TREATMENT
OF
EACH
OFFICE
AS 
LENDER.—In the case of any person engaged in 
the business of extending consumer credit from 
more than 1 office or at more than 1 location, 
each office or location at which credit is offered 
or extended or a credit transaction is con-
summated shall be treated as a separate person 
for purposes of this section.
(2) 
COVERED
LOAN.—The 
term 
‘‘covered 
loan’’—
(A) means any extension of credit to an ac-
tive duty member of the Armed Forces by a 
military lender that has an annual percentage 
rate that exceeds by more than 5 percentage 
points the average annual percentage rate for 
24-month personal loans, as published by the 
Board of Governors of the Federal Reserve Sys-
tem for the most recent calendar quarter pre-
ceding the quarter in which such extension of 
credit is made; and 
(B) does not include any extension of cred-
it on margin on securities by a broker or dealer 
registered with the Securities and Exchange 
Commission under the Securities Exchange Act 
of 1934 to the extent such extension of credit 
complies with the rules and regulations of the 
Board of Governors of the Federal Reserve Sys-
tem, the Securities and Exchange Commission, 
and any applicable self-regulatory organization 
relating to credit on margin on securities. 
(3) INSURED DEPOSITORY INSTITUTION.—
(A) IN GENERAL.—The term ‘‘insured de-
pository institution’’—
(i) has the meaning given such term 
in section 3 of the Federal Deposit Insur-
ance Act; and 
(ii) includes any insured credit union 
(as defined in section 101(7) of the Fed-
eral Credit Union Act). 
(B) EXCLUSION.—For purposes of this 
section, the term ‘‘insured depository institu-
tion’’ does not include an insured depository in-
stitution in any circumstance in which—
(i) such depository institution is ex-
tending credit pursuant to a contractual 
relationship with a third-party agent; and 
(ii) such agent would be a military 
lender, under this section, if the agent 
made the same loan as a principal. 
(4) ACTIVE
DUTY
MEMBER
OF
THE
ARMED 
FORCES.—The term ‘‘active duty member of the 
Armed Forces’’ means any member of the Armed 
Forces who is on active duty (as defined in section 
101(d)(1) of title 10, United States Code) under a 
call or order that does not specify a period of 30 
days or less. 
(5) TARGETS
CUSTOMERS.—For purposes of 
paragraph (1)(A)(i)(I), the term ‘‘targets cus-
178 
HR 3222 RS 
tion 1405(b)(8) of the National Defense Authorization 
Act for Fiscal Year 1991, Public Law 101–510, as 
amended (31 U.S.C. 1551 note): Provided, That in 
the case of an expired account, if subsequent review 
or investigation discloses that there was not in fact a 
negative unliquidated or unexpended balance in the 
account, any charge to a current account under the 
authority of this section shall be reversed and re-
corded against the expired account: Provided further, 
That the total amount charged to a current appro-
priation under this section may not exceed an 
amount equal to 1 percent of the total appropriation 
for that account. 
SEC. 8054. (a) Notwithstanding any other provision 
of law, the Chief of the National Guard Bureau may permit 
the use of equipment of the National Guard Distance Learn-
ing Project by any person or entity on a space-available, 
reimbursable basis. The Chief of the National Guard Bu-
reau shall establish the amount of reimbursement for such 
use on a case-by-case basis. 
(b) Amounts collected under subsection (a) shall be 
credited to funds available for the National Guard Distance 
Learning Project and be available to defray the costs associ-
ated with the use of equipment of the project under that
tomers’’ means to, directly or indirectly, solicit, or 
engage in other promotional activities explicitly di-
rected at, members of the Armed Forces for the pur-
pose of securing business from the recipients of such 
solicitations or promotions. 
(6) ANNUAL
PERCENTAGE
RATE.—The term 
‘‘annual percentage rate’’ has the same meaning as 
in section 107 of the Truth in Lending Act, as im-
plemented by regulations of the Board of Governors 
of the Federal Reserve System. 
(b) PROTECTION OF MILITARY SERVICEMEMBERS.—
Any military lender who makes a loan to an active duty 
member of the Armed Forces (other than a loan described 
in paragraph (2)(B)) may not, with respect to such loan—
(1) garnish any military salary or wages, or ac-
cept any assignment of or institute any allotment of 
any military salary or wages, to secure payment of 
the loan, unless any such allotment or assignment is 
voluntary and may be cancelled at any time by the 
borrower; 
(2) contact, or threaten to contact, the bor-
rower’s commanding officer or any other person in 
the borrower’s military chain of command in an ef-
fort to collect on such loan;
(3) include any provision in the loan agreement, 
or in any other instrument or agreement made in 
connection with such loan, that purports to—
(A) waive any rights of the borrower under 
any Federal or State law, including this section 
and the Servicemembers Civil Relief Act (50 
U.S.C. App. 501 et seq.); or 
(B) provide the consent of the borrower for 
any action prohibited under paragraph (1); 
(4) at any time, use oral or written representa-
tions, or use any symbols, that suggest, give the ap-
pearance, or provide reasonable cause to believe that 
any component of the Armed Forces, the Depart-
ment of Defense, or any federal entity sponsors or 
endorses the military lender, any agent of the lender, 
or any good, service, commodity, or credit that is 
sold, provided, or extended by the military lender 
(unless expressly authorized in writing by such enti-
ty); or 
(5) if such loan is a covered loan, enter into the 
loan without disclosing, prior to consummation of 
the transaction and in conspicuous form, the fol-
lowing notice: 
‘‘NOTICE TO MILITARY SERVICEMEMBERS:
‘‘You are not required to complete this 
agreement merely because you have received 
these disclosures or even if you have signed an 
application for an extension of credit. If you ob-
tain this credit to repay other loans, you may 
get into serious financial difficulties if you use 
this credit to pay off old debts and then replace 
them with other new debts. Before you complete 
this agreement, you should consider applying 
for credit through other organizations or enti-
ties. Interest-free loans or grants may be avail-
able from the Army, Air Force, or Navy-Marine 
Corps Relief Society, the United Service Orga-
nizations, or another base or military service or-
ganization for military personnel seeking short-
term credit in response to a family or other 
emergency. 
‘‘This extension of credit is not sponsored 
or endorsed by any component of the Armed 
Forces, the Department of Defense, or any 
Federal entity. 
‘‘Your lender may not garnish your salary 
or wages, or accept any assignment of or insti-
tute an allotment of your salary or wages, to se-
cure repayment of the debt, unless any such al-
I 
109TH CONGRESS 
1ST SESSION H. R. 4329 
To amend the Davis-Bacon Act to provide that a contractor under that 
Act who has repeated violations of the Act shall have its contract with 
the United States canceled and to require the disclosure under freedom 
of information provisions of Federal law of certain payroll information 
under contracts subject to the Davis-Bacon Act. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 15, 2005 
Mr. ANDREWS introduced the following bill; which was referred to the Com-
mittee on Education and the Workforce, and in addition to the Com-
mittee on Government Reform, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To amend the Davis-Bacon Act to provide that a contractor 
under that Act who has repeated violations of the Act 
shall have its contract with the United States canceled 
and to require the disclosure under freedom of informa-
tion provisions of Federal law of certain payroll informa-
tion under contracts subject to the Davis-Bacon Act. 
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 ‘‘Davis-Bacon Enforce-
ment Act of 2005’’. 
SEC. 2. REPEATED VIOLATIONS. 
Section 3144 of title 40, United States Code, is 
amended by adding at the end the following: 
‘‘(c) If the Secretary determines that a contractor 
under a contract with the United States has engaged in 
a pattern of violations of this Act, the Secretary shall can-
cel such contract and establish that such contractor is in-
eligible to receive a contract with the United States for 
a 10-year period designated by the Secretary, unless the 
contractor is able to show the Secretary that such viola-
tions were not intentional but were the result of simple 
and unsystematic errors.’’. 
SEC. 3. DISCLOSURE OF INFORMATION. 
(a) GENERAL RULE.—Section 552(a) of title 5, 
United States Code, is amended by adding at the end the 
following: 
‘‘(7) The names and addresses of employees in pay-
roll records established under a contract which is subject 
to subchapter IV of subtitle II of title 40, United States 
Code, shall be made available, notwithstanding subsection 
(b)(6), for inspection in connection with an audit to deter-
mine compliance with such Act.’’.
(b) CONSTRUCTION.—Section 552(a) of title 5, 
United States Code, shall not be construed to prevent or 
prohibit the disclosure required by section 552(a)(7) of 
title 5, United States Code, as added by the amendment 
made by subsection (a). 
Æ
lotment or assignment is voluntary and may be 
cancelled by you at any time. Your lender may 
not contact your commanding officer or anyone 
in your chain of command in an effort to collect 
on the loan. 
‘‘You and your dependents may have addi-
tional rights and protections under Federal and 
State law with respect to this loan, including 
the Servicemembers Civil Relief Act, which you 
cannot waive and which the lender may not ask 
or require you to waive.’’. 
(c) RULE OF CONSTRUCTION.—No provision of this 
section shall be construed as—
(1) authorizing any person that is not a mili-
tary lender to engage in any activity that is prohib-
ited for military lenders under this section; 
(2) creating any inference that any activity de-
scribed in subsection (b) is a lawful activity for any 
person or would be a lawful activity for a military 
lender but for this section; or 
(3) creating any inference that any right or 
protection provided for consumers under any Fed-
eral or State law can be waived by any consumer. 
(d) ENFORCEMENT.—The provisions of this section 
shall be enforced under section 917 of the Consumer Cred-
it Protection Act, in the manner provided in such section. 
For the purposes of any enforcement under such section 
917, any violation of a provision or requirement of this 
section shall be treated as a violation of a provision or 
requirement of title IX of such Act. 
(e) CIRCUMVENTION
PROHIBITED.—The Federal 
Trade Commission shall, with respect to entities and ac-
tivities under its jurisdiction, prescribe regulations to be-
come effective not later than 90 days after the date of 
the enactment of this Act to prevent a military lender from 
taking any action in connection with any loan made to 
an active duty member of the Armed Forces to structure 
a loan transaction, by structuring any loan as an open-
end credit plan (as defined in section 103 of the Truth 
in Lending Act), dividing any loan into separate trans-
actions, using a lower temporary or introductory rate of 
interest to lower the overall annual percentage rate appli-
cable for any loan, or any similar action, for the purpose 
of avoiding designation as a covered loan for purposes of
this section or otherwise circumventing or evading any re-
quirement of this title.
Passed the House of Representatives June 28, 2005. 
Attest:
Clerk.
HR 4636 RDS 
surance fund’’ each place those terms appear and in-
serting ‘‘Deposit Insurance Fund’’; 
(30) in section 18(p) (12 U.S.C. 1828(p)), by 
striking ‘‘deposit insurance funds’’ and inserting 
‘‘Deposit Insurance Fund’’; 
(31) in section 24 (12 U.S.C. 1831a)— 
(A) in subsections (a)(1) and (d)(1)(A), by 
striking ‘‘appropriate deposit insurance fund’’ 
each place that term appears and inserting 
‘‘Deposit Insurance Fund’’; 
(B) in subsection (e)(2)(A), by striking 
‘‘risk to’’ and all that follows through the pe-
riod and inserting ‘‘risk to the Deposit Insur-
ance Fund.’’; and 
(C) 
in 
subsections 
(e)(2)(B)(ii) 
and 
(f)(6)(B), by striking ‘‘the insurance fund of 
which such bank is a member’’ each place that 
term appears and inserting ‘‘the Deposit Insur-
ance Fund’’; 
(32) in section 28 (12 U.S.C. 1831e), by strik-
ing ‘‘affected deposit insurance fund’’ each place 
that term appears and inserting ‘‘Deposit Insurance 
Fund’’; 
(33) by striking section 31 (12 U.S.C. 1831h);
109TH CONGRESS 
1ST SESSION 
H. R. 458
AN ACT 
To prevent the sale of abusive insurance and invest-
ment products to military personnel, and for 
other purposes.
I 
109TH CONGRESS 
1ST SESSION 
H. R. 458 
To prevent the sale of abusive insurance and investment products to military 
personnel. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 1, 2005 
Mr. DAVIS of Kentucky (for himself, Mr. BAKER, Mr. SHIMKUS, Mr. GER-
LACH, Mr. FITZPATRICK of Pennsylvania, Mr. NORWOOD, Mr. RYUN of 
Kansas, and Mr. SHADEGG) introduced the following bill; which was re-
ferred to the Committee on Financial Services 
A BILL 
To prevent the sale of abusive insurance and investment 
products to military personnel. 
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 ‘‘Military Personnel Fi-
nancial Services Protection Act’’. 
SEC. 2. CONGRESSIONAL FINDINGS. 
The Congress finds the following:
contracts having expiration dates of 5 years, 10 years, 15 
years, or 20 years. 
(b) CONSULTATION
WITH
SECRETARY
OF
EN-
ERGY.—The Secretary shall consult with the Secretary of 
Energy regarding— 
(1) the frequency of the auctions; 
(2) the strike prices specified in the contracts; 
(3) the number of contracts to be auctioned 
with a given strike price and expiration date; and 
(4) the capacity of existing or planned facilities 
to produce coal-to-liquid fuel. 
(c) DEFINITIONS.—In this section: 
(1) COAL-TO-LIQUID FUEL.—The term ‘‘coal-to- 
liquid fuel’’ means any transportation-grade liquid 
fuel derived primarily from coal (including peat) and 
produced at a qualified coal-to-liquid facility. 
(2) COAL-TO-LIQUID PUT OPTION CONTRACT.— 
The term ‘‘coal-to-liquid put option contract’’ means 
a contract, written by the Secretary, which— 
(A) gives the holder the right (but not the 
obligation) to sell to the Government of the 
United States a certain quantity of a specific 
type of coal-to-liquid fuel produced by a quali-
fied coal-to-liquid facility specified in the con-
tract, at a strike price specified in the contract, 
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(1) Our military personnel perform great sac-
rifices in protecting our Nation in the War on Ter-
ror and promoting democracy abroad. 
(2) Our brave men and women in uniform de-
serve to be offered first-rate financial products in 
order to provide for their families and to save and 
invest for retirement. 
(3) Our military personnel are being offered 
high-cost securities and life insurance products by 
some financial services companies engaging in abu-
sive and misleading sales practices. 
(4) One securities product being offered to our 
service members, the contractual plan, has largely 
disappeared from the civilian market since the 1980s 
due to its excessive sales charges and the emergence 
of low-cost products. A 50-percent sales commission 
is typically assessed against the first year of con-
tributions made under a contractual plan, even 
though the average commission on other securities 
products such as mutual funds is less than 6 percent 
on each sale. 
(5) The excessive sales charge of the contrac-
tual plan makes it susceptible to abusive and mis-
leading sales practices.
‘‘(B) Approximately 2 miles of river, from 
a point 500 feet above its intersection with a 
logging road to saltwater, as a recreational 
river. 
‘‘(64) VIXEN
RIVER/HOFSTEAD
LAKE.—Ap-
proximately 6.5 miles of river and lake within VCU 
718 and 720 of the Tongass National Forest, from 
Hofstead Lake to saltwater, to be administered by 
the Secretary of Agriculture as a recreational river. 
‘‘(65) WILSON
RIVER
AND
LAKE.—Approxi-
mately 12 miles of river and lake within VCU 817 
and 818 of the Tongass National Forest, to be ad-
ministered by the Secretary of Agriculture as fol-
lows: 
‘‘(A) Approximately 9 miles of river, from 
Wilson Lake to the Wilderness boundary, as a 
wild river. 
‘‘(B) Approximately 3 miles of river, from 
the Wilderness boundary to saltwater, as a sce-
nic river.’’. 
SEC. 502. SPECIAL ADMINISTRATIVE PROVISIONS. 
(a) BOUNDARIES AND MANAGEMENT PLANS.—With-
in five years after the date of the enactment of this Act, 
the Secretary of Agriculture shall take such action as is 
necessary to establish detailed boundaries and formulate 
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(6) Certain life insurance products being of-
fered to our service members are being improperly 
marketed as investment products. These products 
provide very low death benefits for very high pre-
miums that are front-loaded in the first few years, 
making them completely inappropriate for most mili-
tary personnel. 
(7) Regulation of these securities and life insur-
ance products and their sale on military bases has 
been clearly inadequate and requires Congressional 
legislation to address. 
SEC. 3. PROHIBITION ON FUTURE SALES OF PERIODIC PAY-
MENT PLANS. 
(a) AMENDMENT.—Section 27 of the Investment 
Company Act of 1940 (15 U.S.C. 80a-27) is amended by 
adding at the end the following new subsection: 
‘‘(j) TERMINATION OF SALES.— 
‘‘(1) TERMINATION.—Effective 30 days after 
the date of enactment of the Military Personnel Fi-
nancial Services Protection Act, it shall be unlawful, 
subject to subsection (i)— 
‘‘(A) for any registered investment com-
pany to issue any periodic payment plan certifi-
cate; or
Calendar No. 468
106TH CONGRESS
2D SESSION
H. R. 3081
AN ACT
To amend the Internal Revenue Code of 1986 to
provide tax benefits for small businesses, to
amend the Fair Labor Standards Act of 1938 to
increase the minimum wage, and for other pur-
poses.
MARCH 23, 2000
Read the second time and placed on the calendar
186 
HR 3222 RS 
proval, Milestone B approval, or full rate production ap-
proval, or their equivalent, within the Department of De-
fense until the Chief Information Officer certifies, with re-
spect to that milestone, that the system is being developed 
in accordance with the Clinger-Cohen Act of 1996 (40 
U.S.C. 1401 et seq.). The Chief Information Officer may 
require additional certifications, as appropriate, with re-
spect to any such system. 
(2) The Chief Information Officer shall provide the 
congressional defense committees timely notification of cer-
tifications under paragraph (1). Each such notification 
shall include a statement confirming that the following 
steps have been taken with respect to the system: 
(A) Business process reengineering. 
(B) An analysis of alternatives. 
(C) An economic analysis that includes a cal-
culation of the return on investment. 
(D) Performance measures. 
(E) An information assurance strategy con-
sistent with the Department’s Global Information 
Grid. 
(d) For purposes of this section: 
(1) The term ‘‘Chief Information Officer’’ means 
the senior official of the Department of Defense des-
106TH CONGRESS
2D SESSION
H. R. 3084
AN ACT
To authorize the Secretary of the Interior to con-
tribute funds for the establishment of an inter-
pretative center on the life and contributions of
President Abraham Lincoln.