H. R. 4818—536
SEC. 108. Notwithstanding any other provision of law, in addi-
tion to amounts otherwise made available in the Department of
Defense Appropriations Act, 2005 (Public Law 108–287), an addi-
tional $2,000,000 is hereby appropriated and shall be made avail-
able under the heading ‘‘Shipbuilding and Conversion, Navy’’, only
for the Secretary of the Navy for the purpose of acquiring a vessel
with the Coast Guard registration number 225115: Provided, That
the Secretary of the Navy shall provide for the transportation
of the vessel from its present location: Provided further, That the
Secretary of the Navy may lend, give, or otherwise dispose of
the vessel at his election pursuant to 10 U.S.C. 2572, 7545, or
7306, or using such procedures as the Secretary deems appropriate,
and to such recipient as the Secretary deems appropriate, without
regard to these provisions.
SEC. 109. DESIGNATION OF NATIONAL TREE.
(a) DESIGNATION.—Chapter 3 of title 36, United States Code,
is amended by adding at the end the following:
‘‘§ 305. National tree
‘‘The tree genus Quercus, commonly known as the oak tree,
is the national tree.’’.
(b) CONFORMING AMENDMENTS.—Such title is amended—
(1) in the table of contents for part A of subtitle I, by
striking ‘‘, and March’’ and inserting ‘‘March, and Tree’’;
(2) in the chapter heading for chapter 3, by striking ‘‘,
AND MARCH’’ and inserting ‘‘MARCH, AND TREE’’; and
(3) in the table of sections for chapter 3, by adding at
the end the following:
‘‘305. National tree.’’.
SEC. 110. Section 204(g) of the Employee Retirement Income
Security Act of 1974, as amended (29 U.S.C. 1054(g)) shall not
apply at any time, whether before or after the enactment of this
section, to an amendment adopted prior to June 7, 2004, by a
(multiemployer) pension plan covering primarily employees working
in the State of Alaska, to the extent that such amendment—
(1) provides for the suspension of the payment of benefits,
modifies the conditions under which the payment of benefits
is suspended, or suspends actuarial adjustments in benefit
payments in accordance with section 203(a)(3)(B) of said Act
(29 U.S.C. 1053(a)(3)(B)) and applicable regulations; and
(2) applies to participants who have not retired before
the adoption of such amendment.
SEC. 111. (a) The head of each Federal agency or department
shall—
(1) provide each new employee of the agency or department
with educational and training materials concerning the United
States Constitution as part of the orientation materials pro-
vided to the new employee; and
(2) provide educational and training materials concerning
the United States Constitution to each employee of the agency
or department on September 17 of each year.
(b) Each educational institution that receives Federal funds
for a fiscal year shall hold an educational program on the United
States Constitution on September 17 of such year for the students
served by the educational institution.
(c) Title 36 of the United States Code, is amended—
H. R. 4818—537
(1) in section 106—
(A) in the heading, by inserting ‘‘Constitution Day and’’
before ‘‘Citizenship Day’’;
(B) in subsection (a), by striking ‘‘is Citizenship Day.’’
and inserting ‘‘is designated as Constitution Day and Citi-
zenship Day.’’;
(C) in subsection (b)—
(i) by inserting ‘‘Constitution Day and’’ before ‘‘Citi-
zenship Day’’;
(ii) by striking ‘‘commemorates’’ and inserting
‘‘commemorate’’; and
(iii) by striking ‘‘recognizes’’ and inserting ‘‘recog-
nize’’;
(D) in subsection (c), by inserting ‘‘Constitution Day
and’’ before ‘‘Citizenship Day’’ both places such term
appears; and
(E) in subsection (d), by inserting ‘‘Constitution Day
and’’ before ‘‘Citizenship Day’’; and
(2) in the item relating to section 106 of the table of
contents, by inserting ‘‘Constitution Day and’’ before ‘‘Citizen-
ship Day’’.
(d) This section shall be without fiscal year limitation.
SEC. 112. (a) Notwithstanding any other provision of law or
any contract: (1) the rates in effect on November 15, 2004, under
the tariff (the ‘‘tariff’’) required by FCC 94–116 (reduced three
percent annually starting January 1, 2006) shall apply beginning
45 days after the date of enactment of this Act through December
31, 2009, to the sale and purchase of interstate switched wholesale
service elements offered by any provider originating or terminating
anywhere in the area (the ‘‘market’’) described in section 4.7 of
the tariff (collectively the ‘‘covered services’’); (2) beginning April
1, 2005, through December 31, 2009, no provider of covered services
may provide, and no purchaser of such services may obtain, covered
services in the same contract with services other than those that
originate or terminate in the market, if the covered services in
the contract represent more than 5 percent of such contract’s total
value; and (3) revenues collected hereunder (less costs) for calendar
years 2005 through 2009 shall be used to support and expand
the network in the market.
(b) Effective on the date of enactment of this Act: (1) the
conditions described in FCC 95–334 and the related conditions
imposed in FCC 94–116, FCC 95–427, and FCC 96–485; and (2)
all pending proceedings relating to the tariff, shall terminate. There-
after, the State regulatory commission with jurisdiction over the
market shall treat all interexchange carriers serving the market
the same with respect to the provision of intrastate services, with
the goal of reducing regulation, and shall not require such carriers
to file reports based on the Uniform System of Accounts.
(c) Any provider may file to enforce this section (including
damages and injunctive relief) before the FCC (whose final order
may be appealed under 47 U.S.C. 402(a)) or under 47 U.S.C. 207
if the FCC fails to issue a final order within 90 days of a filing.
Nothing herein shall affect rate integration, carrier-of-last-resort
obligations of any carrier or its successor, or the purchase of covered
services by any rural telephone company (as defined in 47 U.S.C.
153(37)), or an affiliate under its control, for its provision of retail
interstate interexchange services originating in the market.