datamatters24/research-document-archive huggingface dataset:
H. R. 4636—9
required under paragraph (1), together with such recommenda-
tions for legislative or administrative action as the Board of 
Directors may determine to be appropriate. Before submitting 
the report to Congress, the Board of Directors shall provide 
a draft of the report to the Comptroller General for comment. 
(e) BASEL II STUDY.—
(1) IN
GENERAL.—Not later than 1 year after the date 
of enactment of this Act, the Comptroller General shall report 
to the Committee on Banking, Housing, and Urban Affairs 
of the Senate and the Committee on Financial Services of 
the House of Representatives on the potential impact on the 
financial system of the United States of the implementation 
of the new Basel Capital Accord (Basel II) and the proposed 
revisions to current reserve requirement regulations for non-
Basel II banks. 
(2) FACTORS TO BE INCLUDED.—The report required under 
paragraph (1) shall address the following: 
(A) The potential impact of Basel II on capital require-
ments in the United States, including—
(i) whether there would be a reduction in capital 
requirements; 
(ii) whether Basel II could hinder enforcement of 
prompt corrective action laws and regulations; and 
(iii) the potential implications any changes in cap-
ital requirements may have on the safety and sound-
ness of the financial system in the United States. 
(B) By gathering available information, the ability of 
United States banks and bank regulators to implement 
and comply with the provisions of Basel II, including—
(i) the costs of Basel II for financial institutions 
and regulators; 
(ii) the feasibility and appropriateness of Basel 
II’s statistical models; and 
(iii) the ability of regulators to oversee capital 
requirement operations of financial institutions. 
(C) The ability of the United States financial institution 
regulatory agencies—
(i) to attract and retain sufficient expertise, both 
among specialists and examiners; and 
(ii) to conduct the necessary oversight of capital 
and risk modeling by regulated financial institutions 
subject to Basel II. 
SEC. 7. BI-ANNUAL FDIC SURVEY AND REPORT ON INCREASING THE 
DEPOSIT BASE BY ENCOURAGING USE OF DEPOSITORY 
INSTITUTIONS BY THE UNBANKED. 
The Federal Deposit Insurance Act (12 U.S.C. 1811 et seq.) 
is amended by adding at the end the following new section: 
‘‘SEC. 49. BI-ANNUAL FDIC SURVEY AND REPORT ON ENCOURAGING 
USE OF DEPOSITORY INSTITUTIONS BY THE UNBANKED. 
‘‘(a) SURVEY REQUIRED.—
‘‘(1) IN
GENERAL.—The Corporation shall conduct a bi-
annual survey on efforts by insured depository institutions 
to bring those individuals and families who have rarely, if 
ever, held a checking account, a savings account or other type 
of transaction or check cashing account at an insured depository
‘‘(B) in which the sale of flood insurance 
coverage was available under the National 
Flood Insurance Act of 1968 (42 U.S.C. 4001 
et seq.) as of— 
‘‘(i) August 29, 2005, in the case of 
an area for which a declaration referred to 
in subparagraph (A) was made as a result 
of Hurricane Katrina; or 
‘‘(ii) September 23, 2005, in the case 
of an area for which a declaration referred 
to in subparagraph (A) was made as a re-
sult of Hurricane Rita. 
‘‘(2) ELIGIBLE STRUCTURE.—The term ‘eligible 
structure’ means a structure (including a manufac-
tured home) that— 
‘‘(A) sustained damage or losses from 
flooding resulting from Hurricane Katrina or 
Hurricane Rita in 2005; 
‘‘(B) is located in a covered disaster area; 
‘‘(C) is a residential structure that was 
used as the primary residence of the owner of 
the structure as of— 
‘‘(i) August 29, 2005, in the case of 
a structure damaged by flooding resulting 
from Hurricane Katrina; and
‘‘(ii) September 23, 2005, in the case 
of a structure damaged by flooding result-
ing from Hurricane Rita; 
‘‘(D) was covered by an insurance policy 
for losses caused by wind or windstorm as of— 
‘‘(i) August 29, 2005, in the case of 
a structure damaged by flooding resulting 
from Hurricane Katrina; and 
‘‘(ii) September 23, 2005, in the case 
of a structure damaged by flooding result-
ing from Hurricane Rita; 
‘‘(E) is of a type for which coverage was 
generally made available under the National 
Flood Insurance Program as of August 29, 
2005; and 
‘‘(F) is not located in an area that has 
been identified by the Director as an area hav-
ing special flood hazards (as such term is used 
for purposes of section 102 of the Flood Dis-
aster Protection Act of 1973 (42 U.S.C. 
4012a)) as of August 29, 2005. 
‘‘(3) DIRECTOR.—The term ‘Director’ means 
the Director of the Federal Emergency Management 
Agency.
‘‘(i) TERMINATION.—The Director may not provide 
any assistance under this section except pursuant to an 
application for such assistance submitted to the Director 
before the expiration of the 180-day period beginning on 
the date of the enactment of this section. 
‘‘(j) REGULATIONS.—The Director may issue any 
regulations necessary to carry out this section.’’. 
SEC. 4. HAZARD MITIGATION. 
(a) IN GENERAL.—Section 404(a) of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act 
(42 U.S.C. 5170c(a)) is amended— 
(1) in the first sentence by striking ‘‘75’’ and 
inserting ‘‘90’’; and 
(2) in the last sentence by striking ‘‘7.5’’ and 
inserting ‘‘15’’. 
(b) PROPERTY ACQUISITION AND RELOCATION AS-
SISTANCE.—Section 404(b) of such Act (42 U.S.C. 
5170c(b)) is amended by adding at the end the following: 
‘‘(4) REDUCTION.—The amount of any assist-
ance that would otherwise be provided to an owner 
of an eligible structure under section 425(c)(1)(B) 
shall be reduced by the amount of assistance the 
owner receives for such structure under such sec-
tion.’’.
(c) APPLICABILITY.—The amendments made by sub-
sections (a) and (b) shall apply with respect to a major 
disaster declared by the President on or after August 24, 
2005. 
Æ
(2) provide the Clerk and the Secretary with 
the resources and authorities needed for effective 
oversight and enforcement of that Act. 
Æ
106TH CONGRESS
1ST SESSION
H. R. 3046
AN ACT
To preserve limited Federal agency reporting re-
quirements on banking and housing matters to
facilitate congressional oversight and public ac-
countability, and for other purposes.
I 
109TH CONGRESS 
1ST SESSION H. R. 4267 
To provide for the coordination and use of the National Domestic Prepared-
ness Consortium by the Department of Homeland Security, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 9, 2005 
Mr. BEAUPREZ (for himself and Mrs. MUSGRAVE) introduced the following 
bill; which was referred to the Committee on Transportation and Infra-
structure 
A BILL 
To provide for the coordination and use of the National 
Domestic Preparedness Consortium by the Department 
of Homeland Security, 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. NATIONAL DOMESTIC PREPAREDNESS CON-
SORTIUM. 
(a) IN GENERAL.—Title V of the Homeland Security 
Act of 2002 (6 U.S.C. 311 et seq.) is amended by adding 
at the end the following:
‘‘SEC. 512. NATIONAL DOMESTIC PREPAREDNESS CONSOR-
TIUM. 
‘‘(a) IN GENERAL.—The National Domestic Pre-
paredness Consortium shall consist of— 
‘‘(1) the Center for Domestic Preparedness; 
‘‘(2) the National Energetic Materials Research 
and Testing Center, New Mexico Institute of Mining 
and Technology; 
‘‘(3) the National Center for Bio-Medical Re-
search and Training, Louisiana State University; 
‘‘(4) the National Emergency Response and 
Rescue Training Center, Texas A&M University; 
‘‘(5) the National Exercise, Test, and Training 
Center, Nevada test site; and 
‘‘(6) the Transportation Technology Center in 
Pueblo, Colorado. 
‘‘(b) USE OF CONSORTIUM.—To the fullest extent 
possible, the Under Secretary for Emergency Prepared-
ness and Response shall use the Consortium members, in-
cluding the facilities, resources, and expertise of Consor-
tium members, to support cooperative programs to achieve 
cost-effective delivery of equipment, technical assistance, 
training, and situational exercises. To maximize training 
accessibility, multiple facilities and expertise of the Con-
sortium members shall be used, requiring parallel efforts
to be coordinated between the Department and Consor-
tium members. 
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as necessary 
to carry out this section.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.— 
(1) TABLE OF CONTENTS.—The table of con-
tents under section 1(b) of the Homeland Security 
Act of 2002 (6 U.S.C. 101) is amended by inserting 
after the item relating to section 509 the following: 
‘‘Sec. 510. Procurement of security countermeasures for strategic national 
stockpile. 
‘‘Sec. 511. Urban and other high risk area communications capabilities. 
‘‘Sec. 512. National Domestic Preparedness Consortium.’’. 
(2) REDESIGNATION.—The second section 510 
of the Homeland Security Act of 2002 (6 U.S.C. 
321) (relating to urban and other high risk area 
communications capabilities) is redesignated as sec-
tion 511. 
Æ
I 
109TH CONGRESS 
1ST SESSION H. R. 4576 
To amend title 28, United States Code, with respect to the jurisdiction 
of Federal courts over certain cases and controversies involving the 
Ten Commandments, the Pledge of Allegiance, and the National Motto. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 16, 2005 
Mr. PICKERING (for himself, Mr. PITTS, Mrs. MYRICK, Mrs. JO ANN DAVIS 
of Virginia, Mr. DOOLITTLE, and Mr. WELDON of Florida) introduced the 
following bill; which was referred to the Committee on the Judiciary 
A BILL 
To amend title 28, United States Code, with respect to 
the jurisdiction of Federal courts over certain cases and 
controversies involving the Ten Commandments, the 
Pledge of Allegiance, and the National Motto. 
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 ‘‘Safeguarding Our Reli-
gious Liberties Act’’.
SEC. 2. LIMITATION ON JURISDICTION. 
(a) IN GENERAL.—Chapter 99 of title 28, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 1632. Limitation on jurisdiction 
‘‘No court created by Act of Congress shall have any 
jurisdiction, and the Supreme Court shall have no appel-
late jurisdiction, to hear or decide any question pertaining 
to the interpretation of, or the validity under the Constitu-
tion of— 
‘‘(1) the Ten Commandments, or its recitation, 
display, acknowledgement, or use; 
‘‘(2) the Pledge of Allegiance, as defined in sec-
tion 4 of title 4, or its recitation, display, acknowl-
edgement, or use; and 
‘‘(3) the National Motto, as defined in section 
302 of title 36, or its recitation, display, acknowl-
edgement, or use.’’ 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 99 of title 28, United States 
Code, is amended by adding at the end the following new 
item: 
‘‘1632. Limitation on jurisdiction.’’. 
Æ
I 
109TH CONGRESS 
1ST SESSION H. R. 4268 
To improve proficiency testing of clinical laboratories. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 9, 2005 
Mr. DEAL of Georgia (for himself, Mrs. MYRICK, and Mr. PRICE of Georgia) 
introduced the following bill; which was referred to the Committee on En-
ergy and Commerce 
A BILL 
To improve proficiency testing of clinical laboratories. 
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 ‘‘Proficiency Testing 
Improvement Act of 2005’’. 
SEC. 2. IMPROVEMENT OF PROFICIENCY TESTING OF CLIN-
ICAL LABORATORIES. 
Notwithstanding any other provision of law, the Sec-
retary of Health and Human Services— 
(1) may not, during the one-year period begin-
ning on the date of the enactment of this Act, con-
duct (or cause an entity with which the Secretary 
contracts to conduct) the proficiency testing referred 
to in section 353(f)(4)(B)(iv) of the Public Health 
Service Act (42 U.S.C. 263a(f)(4)(B)(iv)); 
(2) shall revise such proficiency testing (or 
cause such testing to be revised)— 
(A) to reflect the collaborative clinical deci-
sion-making of laboratory personnel involved in 
screening or interpreting cytological prepara-
tions; 
(B) to revise grading or scoring criteria to 
reflect current practice guidelines; 
(C) to provide for such testing to be con-
ducted no more often than every 2 years; and 
(D) to make such other revisions to the 
standards for such testing as may be necessary 
to reflect changes in laboratory operations and 
practices since such standards were promul-
gated in 1992; and 
(3) shall make the revisions required by para-
graph (2) before resuming proficiency testing re-
ferred to in such section. 
Æ
323 
a civil penalty and an opportunity for a hearing in accord-
ance with this paragraph and section 554 of title 5, United 
States Code. If upon receipt of the written notice, the per-
son to be assessed a civil penalty objects and requests a 
hearing, then in the course of any investigation related 
to such hearing, the Secretary may issue subpoenas re-
quiring the attendance and testimony of witnesses and the 
production of evidence that relates to the matter under 
investigation, including information pertaining to the fac-
tors described in paragraph (3). 
‘‘(3) The Secretary, in determining the amount of the 
civil penalty under paragraph (1), shall take into account 
the nature, circumstances, extent, and gravity of the viola-
tion or violations, including the following factors: 
‘‘(A) Whether the person submitted the adver-
tisement or a similar advertisement for review under 
section 736A. 
‘‘(B) Whether the person submitted the adver-
tisement for review if required under section 503B. 
‘‘(C) Whether, after submission of the adver-
tisement as described in subparagraph (A) or (B), 
the person disseminated or caused another party to 
disseminate the advertisement before the end of the 
45-day comment period. 
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I 
109TH CONGRESS 
1ST SESSION H. R. 4269 
To amend title XVIII of the Social Security Act to provide for cost-based 
reimbursement for ambulance services furnished directly by, or under 
arrangements with, a critical access hospital. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 9, 2005 
Mr. GORDON introduced the following bill; which was referred to the Com-
mittee on Energy and Commerce, and in addition to the Committee on 
Ways and Means, 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 XVIII of the Social Security Act to provide 
for cost-based reimbursement for ambulance services fur-
nished directly by, or under arrangements with, a critical 
access hospital. 
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 ‘‘Critical Access Hos-
pital Ambulance Payment Reform Act of 2005’’.
SEC. 2. COST-BASED CRITICAL ACCESS HOSPITAL AMBU-
LANCE SERVICES CHANGES. 
(a) IN GENERAL.—Section 1834(l)(8) of the Social 
Security Act (42 U.S.C. 1395m(l)(8)) is amended— 
(1) in subparagraph (B)— 
(A) by striking ‘‘owned and’’; and 
(B) by inserting ‘‘(including when such 
services are provided by the entity under an ar-
rangement with the hospital)’’ after ‘‘hospital’’; 
and 
(2) by striking the comma at the end of sub-
paragraph (B) and all that follows and inserting the 
period. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall apply to services furnished on or after 
January 1, 2006. 
Æ
H. Res. 270
In the House of Representatives, U. S., 
March 27, 2007.
Resolved, That at any time after the adoption of this res-
olution the Speaker may, pursuant to clause 2(b) of rule 
XVIII, declare the House resolved into the Committee of the 
Whole House on the state of the Union for consideration of 
the bill (H.R. 1401) to improve the security of railroads, pub-
lic transportation, and over-the-road buses in the United 
States, and for other purposes. The first reading of the bill 
shall be dispensed with. All points of order against consider-
ation of the bill are waived except those arising under clause 
9 or 10 of rule XXI. General debate shall be confined to the 
bill and shall not exceed one hour and 20 minutes, with one 
hour equally divided and controlled by the chairman and the 
ranking minority member of the Committee on Homeland Se-
curity and 20 minutes equally divided and controlled by the 
chairman and ranking minority member of the Committee on 
Transportation and Infrastructure. After general debate the 
bill shall be considered for amendment under the five-minute 
rule. It shall be in order to consider as an original bill for
(10) All children should have the opportunity to 
succeed with a high quality, public education. 
SEC. 3. SENSE OF CONGRESS. 
It is the sense of Congress that— 
(1) full funding should be provided to schools to 
allow them to satisfy Federal mandates required 
under the No Child Left Behind Act of 2001; and 
(2) States and school districts should have the 
necessary flexibility in implementing the No Child 
Left Behind Act of 2001 to ensure that all students 
are successful and achieve all of the goals of the law. 
SEC. 4. ADEQUATE YEARLY PROGRESS. 
(a) IN GENERAL.—Subpart 1 of part A of title I of 
the Elementary and Secondary Education Act of 1965 (20 
U.S.C. 6311 et seq.) is amended— 
(1) in section 1111(b)(2)— 
(A) in subparagraph (C), by striking 
‘‘ ‘Adequate’ ’’ and inserting ‘‘Except as pro-
vided in subparagraph (N), ‘adequate’ ’’; 
(B) in subparagraph (F), by striking ‘‘12 
years’’ and inserting ‘‘16 years’’; 
(C) in subparagraph (I)— 
(i) by striking ‘‘subparagraph (C)(v) 
must meet or exceed the objectives’’ and 
inserting ‘‘subparagraph (C)(v), subject to
subparagraph (M), must meet or exceed 
the objectives’’; and 
(ii) by striking ‘‘subparagraph (C)(v) 
does not meet those objectives’’ and insert-
ing ‘‘subparagraph (C)(v), subject to sub-
paragraph (M), does not meet those objec-
tives’’; 
(D) by adding after subparagraph (K) the 
following new subparagraphs: 
‘‘(L) SPECIAL RULE.—A State may allow 
the exclusion of one or more students from the 
calculation used to determine whether a school 
makes adequate yearly progress under this 
paragraph based on special circumstances iden-
tified by the Secretary affecting individual stu-
dents, including— 
‘‘(i) emergency medical conditions; 
‘‘(ii) exceptional or uncontrollable cir-
cumstances, such as a natural disaster or 
an incident of school violence; or 
‘‘(iii) an unusual pattern of attend-
ance as determined by the State edu-
cational agency, provided that the local 
educational agency in which the student is 
enrolled is implementing a plan to increase
participation in the assessments described 
in paragraph (3). 
‘‘(M) SINGLE COUNT OF STUDENTS.—In 
meeting the definition of adequate yearly 
progress under subparagraph (C), a State may 
allow students counted in two or more groups 
described in subparagraph (C)(v)(II) to be 
counted as an equal fraction of one for each 
such group. 
‘‘(N) OTHER
MEASURES
OF
ADEQUATE 
YEARLY
PROGRESS.—Notwithstanding 
any 
other provision of this paragraph, a State may 
establish an alternative definition of adequate 
yearly progress, subject to approval by the Sec-
retary under subsection (e) (except that such 
approval shall not apply as such definition ap-
plies to students with disabilities and limited 
English proficient students). Nothing in this 
subparagraph shall be construed as requiring a 
State that establishes an approved alternative 
definition of adequate yearly progress under 
this subparagraph to satisfy the requirements 
of adequate yearly progress defined in subpara-
graph (C). Such alternative definition may—
‘‘(i) include measures of student 
achievement over a period of time (such as 
a value added accountability system) or the 
progress of some or all of the groups of 
students described in subparagraph (C)(v) 
to the next higher level of achievement de-
scribed under subclauses (II) and (III) of 
paragraph (1)(D)(ii) as a factor in deter-
mining whether a school, local educational 
agency, or State has made adequate yearly 
progress, as described in this paragraph; 
or 
‘‘(ii) use the measures of performance 
and progress described in subparagraph 
(A) as the sole basis for determining 
whether the State, its local educational 
agencies, or schools have met adequate 
yearly progress, provided— 
‘‘(I) the primary goal of such 
definition is that all students in each 
group 
described 
in 
subparagraph 
(C)(v) meet or exceed the proficient 
level of academic achievement, estab-
lished by the State, not later than 16
years after the end of the 2001–2002 
school year; and 
‘‘(II) such definition includes in-
termediate goals, as required under 
subparagraph (H).’’; and 
(2) in section 1116(c)(10)— 
(A) by amending subparagraph (B)(ii) to 
read as follows: 
‘‘(ii) shall take corrective action with 
respect to a local educational agency— 
‘‘(I) that fails to make adequate 
yearly progress, as defined by the 
State, in the same subject and aver-
aged across all grades and in at least 
one grade span (as determined by the 
State) for a group described in section 
1111(b)(2)(C)(v) by the end of the 
second full school year after the iden-
tification of such agency under para-
graph (3); and 
‘‘(II) whose total number of stu-
dents (who are members of a group 
described in section 1111(b)(2)(C)(v)) 
who did not meet or exceed the pro-
ficient level of academic achievement
exceed 35 percent of all students en-
rolled in a school in such agency who 
took the assessment in such subject 
and averaged across all grades; and’’; 
and 
(B) by amending subparagraph (F) to read 
as follows: 
‘‘(F) DELAY.—Notwithstanding subpara-
graph (B)(ii), a State educational agency may 
delay, for a period not to exceed 1 year, imple-
mentation of corrective action under this para-
graph if the local educational agency makes 
adequate yearly progress for 1 year or its fail-
ure to make adequate yearly progress is due 
to— 
‘‘(i) exceptional or uncontrollable cir-
cumstances, such as a natural disaster; 
‘‘(ii) a precipitous and unforeseen de-
cline in the financial resources of the local 
educational agency; or 
‘‘(iii) a sudden or significant increase 
in the number or percentage of students 
represented by any group described in sec-
tion 1111(b)(2)(C)(v).’’.
324 
‘‘(D) Whether the person incorporated any com-
ments made by the Secretary with regard to the ad-
vertisement into the advertisement prior to its dis-
semination. 
‘‘(E) Whether the person ceased distribution of 
the advertisement upon receipt of the written notice 
referred to in paragraph (2) for such advertisement. 
‘‘(F) Whether the person had the advertisement 
reviewed by qualified medical, regulatory, and legal 
reviewers prior to its dissemination. 
‘‘(G) Whether the violations were material. 
‘‘(H) Whether the person who created the ad-
vertisement or caused the advertisement to be cre-
ated acted in good faith. 
‘‘(I) Whether the person who created the adver-
tisement or caused the advertisement to be created 
has been assessed a civil penalty under this provision 
within the previous 1-year period. 
‘‘(J) The scope and extent of any voluntary, 
subsequent remedial action by the person. 
‘‘(K) Such other matters, as justice may re-
quire. 
‘‘(4)(A) Subject to subparagraph (B), no person shall 
be required to pay a civil penalty under paragraph (1) if 
the person submitted the advertisement to the Secretary 
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