datamatters24/research-document-archive huggingface dataset:
shall be at least 100 percent, but no more than 110 
percent, of the annualized amount of contributions 
to the health opportunity account under subsection 
(d)(2)(A)(i), determined without regard to any limi-
tation described in subsection (d)(2)(C)(ii). 
‘‘(3) ACCESS TO NEGOTIATED PROVIDER PAY-
MENT RATES.— 
‘‘(A) FEE-FOR-SERVICE
ENROLLEES.—In 
the case of an individual who is participating in 
a State demonstration project and who is not 
enrolled with a medicaid managed care organi-
zation, the State shall provide that the indi-
vidual may obtain demonstration project med-
icaid services from— 
‘‘(i) any participating provider under 
this title at the same payment rates that 
would be applicable to such services if the 
deductible described in paragraph (1)(A) 
was not applicable; or 
‘‘(ii) any provider at payment rates 
that do not exceed 125 percent of the pay-
ment rate that would be applicable to such 
services furnished by a participating pro-
vider under this title if the deductible de-
scribed in paragraph (1)(A) was not appli-
cable. 
‘‘(B) TREATMENT UNDER MEDICAID MAN-
AGED CARE PLANS.—In the case of an indi-
vidual who is participating in a State dem-
onstration project and is enrolled with a med-
icaid managed care organization, the State shall 
enter into an arrangement with the organiza-
tion under which the individual may obtain 
demonstration project medicaid services from 
any provider under such organization at pay-
ment rates that do not the payment rate that 
would be applicable to such services if the de-
ductible described in paragraph (1)(A) was not 
applicable. 
‘‘(C) COMPUTATION.—The payment rates 
described in subparagraphs (A) and (B) shall 
be computed without regard to any cost-sharing 
that would be otherwise applicable under sec-
tion 1916. 
‘‘(D) DEFINITIONS.—For purposes of this 
paragraph: 
‘‘(i) The term ‘demonstration project 
medicaid services’ means, with respect to 
an individual participating in a State dem-
onstration project, services for which the 
individual would be provided medical as-
sistance under this title but for the appli-
cation of the deductible described in para-
graph (1)(A). 
‘‘(ii) The term ‘participating provider’ 
means— 
‘‘(I) with respect to an individual 
described in subparagraph (A), a 
health care provider that has entered 
into a participation agreement with 
the State for the provision of services 
to individuals entitled to benefits 
under the State plan; or 
‘‘(II) with respect to an indi-
vidual described in subparagraph (B) 
who is enrolled in a medicaid man-
aged care organization, a health care 
provider that has entered into an ar-
rangement for the provision of serv-
ices to enrollees of the organization 
under this title. 
‘‘(4) NO EFFECT ON SUBSEQUENT BENEFITS.— 
Except as provided under paragraphs (1) and (2), 
alternative benefits for an eligible individual shall
158 
Commissioner have been unable to reach agree-
ment on appropriate changes to the labeling for 
the drug that is the subject of the application, 
not later than 180 days after the date of sub-
mission of the application— 
‘‘(i) the Commissioner shall request 
that the sponsor of the application make 
any labeling change that the Commissioner 
determines to be appropriate; and 
‘‘(ii) if the sponsor of the application 
does not agree within 30 days after the 
Commissioner’s request to make a labeling 
change requested by the Commissioner, the 
Commissioner shall refer the matter to the 
Pediatric Advisory Committee. 
‘‘(B) ACTION BY THE PEDIATRIC ADVISORY 
COMMITTEE.—Not later than 90 days after re-
ceiving a referral under subparagraph (A)(ii), 
the Pediatric Advisory Committee shall— 
‘‘(i) review the pediatric study reports; 
and 
‘‘(ii) make a recommendation to the 
Commissioner concerning appropriate la-
beling changes, if any. 
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bajohnson on PROD1PC69 with BILLS
I 
109TH CONGRESS 
1ST SESSION H. R. 3121 
To amend title 39, United States Code, to prevent certain types of mail 
matter from being sent by a Member of the House of Representatives 
as part of a mass mailing. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 29, 2005 
Mr. LAHOOD introduced the following bill; which was referred to the Com-
mittee on House Administration, and in addition to the Committee on 
Government Reform, 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 39, United States Code, to prevent certain 
types of mail matter from being sent by a Member of 
the House of Representatives as part of a mass mailing. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. RESTRICTION. 
(a) IN GENERAL.—Section 3210(a) of title 39, 
United States Code, is amended by adding at the end the 
following:
‘‘(8) A Member of the House of Representatives may 
not send, as part of a mass mailing, any matter described 
in subparagraph (B), (C), or (F) of paragraph (3).’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply with respect to mail sent during 
any session of Congress beginning after the date of the 
enactment of this Act. 
Æ
I 
109TH CONGRESS 
1ST SESSION H. R. 3122 
To exempt the natural aging process in the determination of the production 
period for distilled spirits under section 263A of the Internal Revenue 
Code of 1986. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 29, 2005 
Mr. LEWIS of Kentucky introduced the following bill; which was referred to 
the Committee on Ways and Means 
A BILL 
To exempt the natural aging process in the determination 
of the production period for distilled spirits under section 
263A of the Internal Revenue Code of 1986. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. EXEMPTION OF NATURAL AGING PROCESS IN 
DETERMINATION OF PRODUCTION PERIOD 
FOR DISTILLED SPIRITS UNDER SECTION 
263A. 
(a) IN GENERAL.—Section 263A(f) of the Internal 
Revenue Code of 1986 (relating to general exceptions) is
amended by adding at the end the following new para-
graph: 
‘‘(5) EXEMPTION OF NATURAL AGING PROCESS 
IN DETERMINATION OF PRODUCTION PERIOD FOR 
DISTILLED
SPIRITS.—For purposes of this sub-
section, the production period for distilled spirits 
shall be determined without regard to any period al-
located to the natural aging process.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
this section shall apply to production periods beginning 
after the date of the enactment of this Act. 
Æ
care component of the consumer price 
index for all urban consumers. 
‘‘(iii) BUDGET
NEUTRAL
ADJUST-
MENT.—A State may provide for dollar 
limitations in excess of those specified in 
clause (i)(III) (as increased under clause 
(ii)) for specified individuals if the State 
provides assurances satisfactory to the Sec-
retary that contributions otherwise made 
to other individuals will be reduced in a 
manner so as to provide for aggregate con-
tributions that do not exceed the aggregate 
contributions that would otherwise be per-
mitted under this subparagraph. 
‘‘(D) LIMITATIONS ON FEDERAL MATCH-
ING.— 
‘‘(i) STATE CONTRIBUTION.—A State 
may contribute under subparagraph (A)(i) 
amounts to a health opportunity account in 
excess of the limitations provided under 
subparagraph (C)(i)(III), but no Federal 
financial participation shall be provided 
under section 1903(a) with respect to con-
tributions in excess of such limitations.
‘‘(ii) NO FFP FOR PRIVATE CONTRIBU-
TIONS.—No Federal financial participation 
shall be provided under section 1903(a) 
with respect to any contributions described 
in subparagraph (A)(ii) to a health oppor-
tunity account. 
‘‘(E) APPLICATION OF DIFFERENT MATCH-
ING
RATES.—The Secretary shall provide a 
method under which, for expenditures made 
from a health opportunity account for medical 
care for which the Federal matching rate under 
section 1903(a) exceeds the Federal medical as-
sistance percentage, a State may obtain pay-
ment under such section at such higher match-
ing rate for such expenditures. 
‘‘(3) USE.— 
‘‘(A) GENERAL USES.— 
‘‘(i) IN
GENERAL.—Subject to the 
succeeding provisions of this paragraph, 
amounts in a health opportunity account 
may be used for payment of such health 
care expenditures as the State specifies. 
‘‘(ii) GENERAL
LIMITATION.—In no 
case shall such account be used for pay-
ment for health care expenditures that are
not payment of medical care (as defined by 
section 213(d) of the Internal Revenue 
Code of 1986). 
‘‘(iii) STATE RESTRICTIONS.—In ap-
plying clause (i), a State may restrict pay-
ment for— 
‘‘(I) providers of items and serv-
ices to providers that are licensed or 
otherwise authorized under State law 
to provide the item or service and may 
deny payment for such a provider on 
the basis that the provider has been 
found, whether with respect to this 
title or any other health benefit pro-
gram, to have failed to meet quality 
standards or to have committed one 
or more acts of fraud or abuse; and 
‘‘(II) items and services insofar 
as the State finds they are not medi-
cally appropriate or necessary. 
‘‘(iv) ELECTRONIC
WITHDRAWALS.— 
The State demonstration program shall 
provide for a method whereby withdrawals 
may be made from the account for such 
purposes using an electronic system and
I 
109TH CONGRESS 
1ST SESSION H. R. 3123
To amend the Internal Revenue Code of 1986 to provide a shorter recovery 
period for the depreciation of certain restaurant buildings. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 29, 2005
Mr. PASCRELL 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 provide 
a shorter recovery period for the depreciation of certain 
restaurant buildings.
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 ‘‘Independent Res-
taurant Appreciation Act’’. 
SEC. 2. RECOVERY PERIOD FOR DEPRECIATION OF CER-
TAIN RESTAURANT BUILDINGS. 
(a) 10-YEAR
RECOVERY
PERIOD.—Subparagraph 
(D) of section 168(e)(3) of the Internal Revenue Code of 
1986 (relating to 10-year property) is amended by striking
‘‘and’’ at the end of clause (i), by striking the period at 
the end of clause (ii) and inserting ‘‘, and’’, and by adding 
at the end the following new clause: 
‘‘(iii) in the case of any non-franchise 
small business, any section 1250 property 
which is a retail restaurant facility.’’. 
(b) DEFINITIONS.—Subsection (e) of section 168 of 
such Code is amended by adding at the end the following 
new paragraphs: 
‘‘(8) NON-FRANCHISE SMALL BUSINESS.—The 
term ‘non-franchise small business’ means, with re-
spect to any taxable year, any corporation, partner-
ship, or sole proprietorship which—
‘‘(A) is not a party to any franchise (with-
in the meaning of section 1253(b)(1)) related to 
the furnishing of prepared meals which is in ef-
fect at any time during such year, and 
‘‘(B) meets the gross receipts test of sec-
tion 448(c) for the prior taxable year (or, in the 
case of a sole proprietorship, which would meet 
such test if such proprietorship were a corpora-
tion). 
‘‘(9) RETAIL
RESTAURANT
FACILITY.—The 
term ‘retail restaurant facility’ means any building 
if more than 50 percent of the building’s square
footage is devoted to preparation of, and seating for 
on-premises consumption of, prepared meals.’’. 
(c) ALTERNATIVE SYSTEM.—The table contained in 
section 168(g)(3)(B) of such Code is amended by inserting 
after the item relating to subparagraph (D)(ii) the fol-
lowing new item:
‘‘(D)(iii) .....................................................................................................
15’’.
(d) EFFECTIVE DATE.—The amendments made by 
this section shall apply to property placed in service, and 
improvements made, after December 31, 2005.
Æ
shall not permit withdrawals from the ac-
count in cash. 
‘‘(B) MAINTENANCE OF HEALTH OPPOR-
TUNITY
ACCOUNT
AFTER
BECOMING
INELI-
GIBLE FOR PUBLIC BENEFIT; 25 PERCENT SAV-
INGS TO GOVERNMENT.— 
‘‘(i) IN
GENERAL.—Notwithstanding 
any other provision of law, if an account 
holder of a health opportunity account be-
comes ineligible for benefits under this title 
because of an increase in income or as-
sets— 
‘‘(I) no additional contribution 
shall be made into the account under 
paragraph (2)(A)(i); 
‘‘(II) subject to clause (iii), the 
balance in the account shall be re-
duced by 25 percent; and 
‘‘(III) subject to the succeeding 
provisions of this subparagraph, the 
account shall remain available to the 
account holder for withdrawals under 
the same terms and conditions as if 
the account holder remained eligible 
for such benefits.
‘‘(ii) SPECIAL
RULES.—Withdrawals 
under this subparagraph from an ac-
count— 
‘‘(I) shall be available for the 
purchase of health insurance coverage; 
and 
‘‘(II) may, subject to clause (iv), 
be made available (at the option of 
the State) for such additional expendi-
tures (such as job training and tuition 
expenses) specified by the State (and 
approved by the Secretary) as the 
State may specify. 
‘‘(iii) EXCEPTION FROM 25 PERCENT 
SAVINGS
TO
GOVERNMENT
FOR
PRIVATE 
CONTRIBUTIONS.—Clause (i)(II) shall not 
apply to the portion of the account that is 
attributable to contributions described in 
paragraph (2)(A)(ii). For purposes of ac-
counting for such contributions, with-
drawals from a health opportunity account 
shall first be attributed to contributions 
described in paragraph (2)(A)(i). 
‘‘(iv) CONDITION
FOR
NON-HEALTH 
WITHDRAWALS.—No withdrawal may be
made from an account under clause (ii)(II) 
unless the accountholder has participated 
in the program under this section for at 
least 1 year. 
‘‘(v) NO REQUIREMENT FOR CONTINU-
ATION OF COVERAGE.—An account holder 
of a health opportunity account, after be-
coming ineligible for medical assistance 
under this title, is not required to purchase 
high-deductible or other insurance as a 
condition of maintaining or using the ac-
count. 
‘‘(4) ADMINISTRATION.—A State may coordi-
nate administration of health opportunity accounts 
through the use of a third party administrator. 
‘‘(5) TREATMENT.—Amounts in, or contributed 
to, a health opportunity account shall not be counted 
as income or assets for purposes of determining eli-
gibility for benefits under this title. 
‘‘(6) UNAUTHORIZED WITHDRAWALS.—A State 
may establish procedures— 
‘‘(A) to penalize or remove an individual 
from the health opportunity account based on 
nonqualified withdrawals by the individual from 
such an account; and
HR 3893 RFS 
title V of the Clean Air Act and corresponding require-
ments under State laws, particularly with regard to States 
that have more stringent requirements than the Federal 
Government in this area. 
(b) REPORT.—Not later than one year after the date 
of the enactment of this Act, the Administrator shall re-
port to Congress the results of the study made under sub-
section (a), together with recommendations on how to 
streamline those paperwork requirements. 
SEC. 111. RESPONSE TO BIOMASS DEBRIS EMERGENCY. 
(a) USE OF BIOMASS DEBRIS AS FUEL.—Notwith-
standing any other provision of law, the Secretary of En-
ergy may authorize any facility to use as fuel biomass de-
bris if— 
(1) the debris results from a major disaster de-
clared in accordance with section 401 of the Robert 
T. Stafford Disaster Relief and Emergency Assist-
ance Act (42 U.S.C. 5170); 
(2) the debris is located in the area for which 
the major disaster is declared; and 
(3) the requirements of subsection (b) are met. 
(b) CERTIFICATION.—A facility described in sub-
section (a)— 
(1) shall certify to the State in which the facil-
ity is located that no significant impact on meeting
‘‘(B) to recoup costs that derive from such 
nonqualified withdrawals.’’. 
Æ
Union Calendar No. 141
103D CONGRESS
1ST SESSION
H. R. 2151
[Report No. 103–251]
A BILL
To amend the Merchant Marine Act, 1936, to es-
tablish the Maritime Security Fleet program, and
for other purposes.
SEPTEMBER 22, 1993
Reported with an amendment, committed to the Commit-
tee of the Whole House on the State of the Union, and
ordered to be printed
V 
109TH CONGRESS 
1ST SESSION H. R. 3126 
To provide for the liquidation or reliquidation of certain entries. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 29, 2005 
Mr. KIRK introduced the following bill; which was referred to the Committee 
on Ways and Means 
A BILL 
To provide for the liquidation or reliquidation of certain 
entries. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. LIQUIDATION OR RELIQUIDATION OF CERTAIN 
ENTRIES OF ROLLER CHAIN. 
(a) LIQUIDATION OR RELIQUIDATION OF ENTRIES.— 
Notwithstanding sections 514 and 520 of the Tariff Act 
of 1930 (19 U.S.C. 1514 and 1520) or any other provision 
of law, the Bureau of Customs and Border Protection 
shall, not later than 90 days after the date of enactment 
of this Act, liquidate or reliquidate the entries listed in 
subsection (b) without assessment of antidumping duties
or interest and shall refund any antidumping duties or in-
terest which were previously paid. 
(b) AFFECTED ENTRIES.—The entries referred to in 
subsections (a) and (b) are the following: 
Entry number 
Date of entry 
Port 
858442975 
08/21/85 
Chicago 
868558147 
01/28/86 
Chicago 
868565499 
03/14/86 
Chicago 
858440922 
07/31/85 
Chicago 
868565499 
03/14/86 
Chicago 
868558147 
01/28/86 
Chicago 
858442975 
08/21/85 
Chicago 
858440922 
07/31/85 
Chicago 
847648353 
06/18/84 
Chicago 
858268324 
01/04/85 
Chicago 
858264302 
11/08/84 
Chicago 
858265107 
11/19/84 
Chicago 
847650150 
07/18/84 
Chicago 
847412877 
05/09/84 
Chicago 
837078386 
03/21/83 
Chicago 
837077691 
02/07/83 
Chicago 
837077701 
02/07/83 
Chicago 
826735834 
01/13/82 
Chicago 
826736309 
01/18/82 
Chicago 
821020081 
02/12/82 
Chicago 
821020052 
02/17/82 
Chicago 
821026768 
04/13/82 
Chicago 
827119569 
06/18/82 
Chicago 
837075114 
10/06/82 
Chicago 
826727088 
10/14/81 
Chicago 
837124777 
05/19/83 
Chicago 
847405240 
11/28/83 
Chicago 
837127606 
08/18/83 
Chicago 
837125132 
06/08/83 
Chicago 
847406100 
12/22/83 
Chicago 
847404034 
11/02/83 
Chicago 
837128090 
09/07/83 
Chicago 
837126762 
08/05/83 
Chicago 
837125569 
06/22/83 
Chicago 
837078991 
04/12/83 
Chicago 
837129222 
10/03/83 
Chicago 
847406414 
12/29/83 
Chicago 
847408014 
01/31/84 
Chicago 
868569204 
07/03/86 
Chicago 
868730813 
08/14/86 
Chicago 
Æ
preliminary protective hearing or equivalent, 
with separate measures of the percentages in 
which such appointments are made within es-
tablished time guidelines, within 5 days after 
the adoption petition is filed, within 6 through 
10 days after the filing, and within more than 
10 days after the filing. 
‘‘(N) The percentage of cases in which 
legal counsel for children is appointed on or be-
fore the first court appearance, and the per-
centage of cases in which legal counsel for chil-
dren changes, and the number of changes in-
volved. 
‘‘(O) The percentage of cases in which 
legal counsel for parents changes, and the num-
ber of changes involved. 
‘‘(P) The percentage of cases in which 
legal counsel for parents, children, and agencies 
are present at each hearing. 
‘‘(Q) The percentages of children for whom 
all hearings are heard by 1 or more judicial of-
ficers, and the number of judicial officers hear-
ing the case. 
‘‘(R) The average and median times from 
filing the original petition to adjudication.
‘‘(S) The average and median times from 
filing the original petition to disposition. 
‘‘(T) The percentages of cases that are ad-
judicated within 30 days after the filing of the 
dependency petition, within 60 days thereafter, 
and within 90 days thereafter. 
‘‘(U) The percentages of cases that receive 
a disposition within 10 days after the depend-
ency adjudication, within 30 days thereafter, 
and within 90 days thereafter. 
‘‘(V) The percentage of cases where chil-
dren are successfully served in the home and 
not detained; the average and median times to 
reunification; and the percentage of cases where 
children are not successfully reunified. 
‘‘(W) The average and median times from 
the filing of the original petition to permanent 
placement. 
‘‘(X) The average and median times from 
the filing of the original petition to finalized 
termination of parental rights. 
‘‘(Y) The percentages of cases for which 
the termination petition is filed within 3 months 
after the dependency disposition, within 6
months thereafter, within 12 months thereafter, 
and within 18 months thereafter. 
‘‘(Z) The percentage of cases that receive 
a termination order within 30 days after the fil-
ing of the termination petition, within 90 days 
thereafter, within 120 days thereafter, and 
within 180 days thereafter. 
‘‘(AA) The percentages of cases for which 
an adoption petition is filed within 1 month 
after the termination order, within 3 months 
thereafter, and within 6 months thereafter. 
‘‘(BB) The percentages of cases for which 
the adoption is finalized within 1 month after 
the adoption petition is filed, within 3 months 
thereafter, within 6 months thereafter, and 
within 12 months thereafter. 
‘‘(CC) The percentage of hearings (by 
hearing type) not completed within timeframes 
set forth in statute or court rules, including, 
where possible, the reason for noncompletion.’’. 
(b) GRANTS TO ENABLE COURTS TO BUILD CAPAC-
ITY TO TRACK AND ANALYZE CASELOADS.— 
(1) IN GENERAL.—The Secretary of Health and 
Human Services (in this subsection referred to as 
the ‘‘Secretary’’) shall make grants, in accordance
HR 3893 RFS 
siting of the crude oil or refined petroleum product 
pipeline facility, the Court shall remand the pro-
ceeding to the agency or official to take appropriate 
action consistent with the order of the Court. If the 
Court remands the order, action, or failure to act to 
the Federal or State administrative agency or offi-
cial, the Court shall set a reasonable schedule and 
deadline for the agency or official to act on remand. 
(3) COMMISSION’S ACTION.—For any civil ac-
tion brought under this subsection, the Commission 
shall promptly file with the Court the consolidated 
record compiled by the Commission pursuant to sub-
section (d). 
(4) EXPEDITED REVIEW.—The Court shall set 
any civil action brought under this subsection for ex-
pedited consideration. 
(5) ATTORNEY’S
FEES.—In any action chal-
lenging a Federal pipeline authorization that has 
been granted, reasonable attorney’s fees and other 
expenses of litigation shall be awarded to the pre-
vailing party. This paragraph shall not apply to any 
action seeking remedies for denial of a Federal pipe-
line authorization or failure to act on an application 
for a Federal pipeline authorization.