datamatters24/research-document-archive huggingface dataset:
owner to permit public access (including Federal, State, or 
local government access) to such private property. Nothing 
in this Act shall be construed to modify any provision of 
Federal, State, or local law with regard to public access 
to or use of private lands. 
(b) LIABILITY.—Designation of the Heritage Area 
shall not be considered to create any liability, or to have 
any effect on any liability under any other law, of any pri-
vate property owner with respect to any persons injured 
on such private property. 
(c) RECOGNITION OF AUTHORITY TO CONTROL LAND 
USE.—Nothing in this Act shall be construed to modify any 
authority of Federal, State, or local governments to regulate 
land use. 
(d) PARTICIPATION OF PRIVATE PROPERTY OWNERS 
IN HERITAGE AREAS.—Nothing in this Act shall be con-
strued to require the owner of any private property located 
within the boundaries of the Heritage Area to participate 
in or be associated with the Heritage Area. 
(e) LAND USE REGULATION.— 
(1) IN GENERAL.—The local coordinating entity 
shall provide assistance and encouragement to State 
and local governments, private organizations, and 
persons to protect and promote the resources and val-
ues of the Heritage Area. 
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(2) EFFECT.—Nothing in this Act— 
(A) affects the authority of the State or local 
governments to regulate under law any use of 
land; or 
(B) grants any power of zoning or land use 
to the local coordinating entity. 
(f) PRIVATE PROPERTY.— 
(1) IN GENERAL.—The local coordinating entity 
shall be an advocate for land management practices 
consistent with the purposes of the Heritage Area. 
(2) EFFECT.—Nothing in this Act— 
(A) abridges the rights of any person with 
regard to private property; 
(B) affects the authority of the State or 
local government regarding private property; or 
(C) imposes any additional burden on any 
property owner. 
(g) REQUIREMENTS
FOR INCLUSION
OF PRIVATE 
PROPERTY.— 
(1) NOTIFICATION AND CONSENT OF PROPERTY 
OWNERS
REQUIRED.—No privately owned property 
shall be preserved, conserved, or promoted by the 
management plan for the Heritage Area until the 
owner of that private property has been notified in 
writing by the management entity and has given 
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106TH CONGRESS
2D SESSION
H. R. 3986
AN ACT
To provide for a study of the engineering feasibility
of a water exchange in lieu of electrification of
the Chandler Pumping Plant at Prosser Diver-
sion Dam, Washington.
written consent for such preservation, conservation, or 
promotion to the management entity. 
(2) LANDOWNER WITHDRAWAL.—Any owner of 
private property included within the boundary of the 
Heritage Area shall have their property immediately 
removed from the boundary by submitting a written 
request to the management entity 
SEC. 7. SAVINGS PROVISIONS. 
(a) RULES, REGULATIONS, STANDARDS, AND PERMIT 
PROCESSES.—Nothing in this Act shall be construed to im-
pose any environmental, occupational, safety, or other rule, 
regulation, standard, or permit process in the Heritage 
Area that is different from those that would be applicable 
if the Heritage Area had not been established. 
(b) WATER AND WATER RIGHTS.—Nothing in this Act 
shall be construed to authorize or imply the reservation or 
appropriation of water or water rights. 
(c) NO DIMINISHMENT OF STATE AUTHORITY.—Noth-
ing in this Act shall be construed to diminish the authority 
of the State to manage fish and wildlife, including the regu-
lation of fishing and hunting within the Heritage Area. 
SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—There is authorized to be appro-
priated to carry out this Act $10,000,000, to remain avail-
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able until expended, of which not more than $1,000,000 
may be authorized to be appropriated for any fiscal year. 
(b) COST-SHARING
REQUIREMENT.—The Federal 
share of the total cost of any activity assisted under this 
Act shall be not more than 50 percent. 
SEC. 9. TERMINATION OF AUTHORITY. 
The authority of the Secretary to provide assistance 
under this Act terminates on the date that is 15 years after 
the date of enactment of this Act. 
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Union Calendar No. 298 
109TH CONGRESS 
2D SESSION 
H. R. 413 
[Report No. 109–534] 
A BILL 
To establish the Bleeding Kansas and the Enduring 
Struggle for Freedom National Heritage Area, 
and for other purposes. 
JUNE 28, 2006 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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I 
109TH CONGRESS 
1ST SESSION H. R. 4083 
To direct the Secretary of Homeland Security to construct a fence along 
the southern border of the United States. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 19, 2005 
Mr. GOODE (for himself, Mr. HUNTER, Mr. GINGREY, Mr. HAYWORTH, Mr. 
ROGERS of Alabama, Ms. FOXX, Mr. BARRETT of South Carolina, Mr. 
JONES of North Carolina, Mr. GARRETT of New Jersey, Mr. TANCREDO, 
Mr. NORWOOD, Mr. DEAL of Georgia, Mr. DAVIS of Kentucky, Mr. SUL-
LIVAN, Mr. BROWN of South Carolina, Mr. WILSON of South Carolina, 
Mr. SAM JOHNSON of Texas, Mr. CULBERSON, Mr. POE, Mr. CARTER, 
Mr. ROHRABACHER, Mr. RADANOVICH, Mr. HOSTETTLER, Mr. SESSIONS, 
and Mr. KING of Iowa) introduced the following bill; which was referred 
to the Committee on Homeland Security 
A BILL 
To direct the Secretary of Homeland Security to construct 
a fence along the southern border of the United States. 
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 ‘‘Border Security Im-
provement Act’’.
SEC. 2. CONSTRUCTION OF FENCE ON SOUTHERN BORDER. 
Section 102 of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 
note) is amended— 
(1) by striking ‘‘Attorney General’’ each place 
such term appears and inserting ‘‘Secretary of 
Homeland Security’’; 
(2) by redesignating subsections (c) and (d) as 
subsections (d) and (e), respectively; 
(3) in subsection (b), by striking ‘‘subsection 
(d)),’’ and inserting ‘‘subsection (e)),’’; and 
(4) by inserting after subsection (b) the fol-
lowing: 
‘‘(c) CONSTRUCTION OF FENCE ON SOUTHERN BOR-
DER.— 
‘‘(1) IN GENERAL.—In carrying out subsection 
(a), the Secretary of Homeland Security shall pro-
vide for the construction of a fence along the entire 
southern border of the United States. 
‘‘(2) AUTHORIZATION
OF
APPROPRIATIONS.— 
There 
are 
authorized 
to 
be 
appropriated 
$2,000,000,000 to carry out paragraph (1).’’. 
Æ
I 
109TH CONGRESS 
1ST SESSION H. R. 4140 
To direct the Election Assistance Commission to make grants to States 
to restore and replace election administration supplies, materials, and 
equipment which were damaged as a result of Hurricane Katrina or 
Hurricane Rita. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 25, 2005 
Ms. MILLENDER-MCDONALD introduced the following bill; which was referred 
to the Committee on House Administration 
A BILL 
To direct the Election Assistance Commission to make grants 
to States to restore and replace election administration 
supplies, materials, and equipment which were damaged 
as a result of Hurricane Katrina or Hurricane Rita. 
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 ‘‘Ensuring Ballot Access 
for Hurricanes Katrina and Rita Victims Act of 2005’’.
SEC. 2. GRANTS TO STATES FOR RESTORING AND REPLAC-
ING ELECTION ADMINISTRATION SUPPLIES, 
MATERIALS, AND EQUIPMENT DAMAGED BY 
HURRICANES KATRINA OR RITA. 
(a) AUTHORITY TO MAKE GRANTS.—The Election 
Assistance Commission shall make a grant to each eligible 
State, in such amount as the Commission considers appro-
priate, for purposes of restoring and replacing supplies, 
materials, and equipment used in the administration of 
elections in the State which were damaged as a result of 
Hurricane Katrina or Hurricane Rita, as determined on 
the basis of such criteria as the Commission may establish. 
(b) ELIGIBILITY.—A State is eligible to receive a 
grant under this Act if it submits to the Commission (at 
such time and in such form as the Commission may re-
quire) a certification that supplies, materials, and equip-
ment used in the administration of elections in the State 
were damaged as a result of Hurricane Katrina or Hurri-
cane Rita. 
SEC. 3. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated for fiscal 
year 2006 for grants under this Act $50,000,000, to re-
main available until expended. 
Æ
spect to any property, an appraisal of such 
property which— 
‘‘(I) is treated for purposes of 
this paragraph as a qualified ap-
praisal under regulations or other 
guidance prescribed by the Secretary, 
and 
‘‘(II) is conducted by a qualified 
appraiser in accordance with generally 
accepted appraisal standards and any 
regulations or other guidance pre-
scribed under subclause (I). 
‘‘(ii) QUALIFIED APPRAISER.—Except 
as provided in clause (iii), the term ‘quali-
fied appraiser’ means an individual who— 
‘‘(I) has earned an appraisal des-
ignation from a recognized profes-
sional appraiser organization or has 
otherwise met minimum education 
and experience requirements set forth 
in regulations prescribed by the Sec-
retary, 
‘‘(II) regularly performs apprais-
als for which the individual receives 
compensation, and
‘‘(III) meets such other require-
ments as may be prescribed by the 
Secretary in regulations or other guid-
ance. 
‘‘(iii) SPECIFIC APPRAISALS.—An in-
dividual shall not be treated as a qualified 
appraiser with respect to any specific ap-
praisal unless— 
‘‘(I) the individual demonstrates 
verifiable education and experience in 
valuing the type of property subject to 
the appraisal, and 
‘‘(II) the individual has not been 
prohibited from practicing before the 
Internal Revenue Service by the Sec-
retary under section 330(c) of title 
31, United States Code, at any time 
during the 3-year period ending on 
the date of the appraisal.’’. 
(2) REASONABLE
CAUSE
EXCEPTION.—Sub-
paragraphs (B) and (C) of section 6664(c)(3) of 
such Code are amended to read as follows: 
‘‘(B) QUALIFIED
APPRAISAL.—The term 
‘qualified appraisal’ has the meaning given such 
term by section 170(f)(11)(E)(i).
643 
HR 5658 PCS 
(c) LIMITATIONS.—The authorities provided by this 
section shall be subject to such limitations as may be pro-
vided in appropriations Acts. 
SEC. 1412. REVISIONS TO PREVIOUSLY AUTHORIZED DIS-
POSALS 
FROM 
THE 
NATIONAL 
DEFENSE 
STOCKPILE. 
(a) FISCAL YEAR 1999 DISPOSAL AUTHORITY.—Sec-
tion 3303(a)(7) of the Strom Thurmond National Defense 
Authorization Act for Fiscal Year 1999 (Public Law 105– 
261; 50 U.S.C. 98d note), as most recently amended by 
section 1412(b) of the National Defense Authorization Act 
for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 
418), is further amended by striking ‘‘$1,066,000,000 by 
the 
end 
of 
fiscal 
year 
2015’’ 
and 
inserting 
‘‘$1,476,000,000 by the end of fiscal year 2016’’. 
(b) FISCAL YEAR 1998 DISPOSAL AUTHORITY.—Sec-
tion 3305(a)(5) of the National Defense Authorization Act 
for Fiscal Year 1998 (Public Law 105–85; 50 U.S.C. 98d 
note), as most recently amended by section 3302(b) of the 
John Warner National Defense Authorization Act for Fis-
cal Year 2007 (Public Law 109–364; 120 Stat. 2513), is 
further amended by striking ‘‘2008’’ and inserting 
‘‘2009’’. 
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I 
109TH CONGRESS 
1ST SESSION H. R. 4141 
To amend the Help America Vote Act of 2002 to permit individuals to 
use a national write-in absentee ballot to cast votes in elections for 
Federal office, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 25, 2005 
Ms. MILLENDER-MCDONALD introduced the following bill; which was referred 
to the Committee on House Administration 
A BILL 
To amend the Help America Vote Act of 2002 to permit 
individuals to use a national write-in absentee ballot to 
cast votes in elections for Federal office, 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. USE OF NATIONAL FEDERAL WRITE-IN ABSEN-
TEE BALLOT. 
(a) IN GENERAL.—Subtitle A of title III of the Help 
America Vote Act of 2002 (42 U.S.C. 15481 et seq.) is 
amended—
(1) by redesignating sections 304 and 305 as 
sections 305 and 306; and 
(2) by inserting after section 303 the following 
new section: 
‘‘SEC. 304. USE OF NATIONAL FEDERAL WRITE-IN ABSEN-
TEE BALLOT. 
‘‘(a) IN GENERAL.—Any person who is otherwise 
qualified to vote in a Federal election in a State shall be 
permitted to use the national Federal write-in absentee 
ballot prescribed by the Election Assistance Commission 
under section 247 to cast a vote in an election for Federal 
office. 
‘‘(b) SUBMISSION AND PROCESSING.— 
‘‘(1) IN GENERAL.—Except as otherwise pro-
vided in this section, a national Federal write-in ab-
sentee ballot shall be submitted and processed in the 
manner provided under the standards prescribed by 
the Commission under section 247(b). 
‘‘(2) DEADLINE.—An otherwise eligible national 
Federal write-in absentee ballot shall be counted if 
postmarked or signed before the close of the polls on 
election day and received by the appropriate State 
election official on or before the date which is 10 
days after the date of the election or the date pro-
vided for receipt of absentee ballots under State law, 
whichever is later. 
‘‘(c) SPECIAL RULES.—The following rules shall 
apply with respect to national Federal write-in absentee 
ballots: 
‘‘(1) In completing the ballot, the voter may 
designate a candidate by writing in the name of the 
candidate or by writing in the name of a political 
party (in which case the ballot shall be counted for 
the candidate of that political party). 
‘‘(2) In the case of the offices of President and 
Vice President, a vote for a named candidate or a 
vote by writing in the name of a political party shall 
be counted as a vote for the electors supporting the 
candidate involved. 
‘‘(3) Any abbreviation, misspelling, or other 
minor variation in the form of the name of a can-
didate or a political party shall be disregarded in de-
termining the validity of the ballot.’’. 
(b) CONFORMING AMENDMENT.—Section 401 of the 
Help America Vote Act of 2002 (42 U.S.C. 15511) is 
amended by striking ‘‘and 303’’ and inserting ‘‘303, and 
304’’. 
(c) CLERICAL AMENDMENT.—The table of contents 
of the Help America Vote Act of 2002 is amended—
(1) by redesignating the items relating to sec-
tions 304 and 305 as relating to sections 305 and 
306; and 
(2) by inserting after the item relating to sec-
tion 303 the following new item: 
‘‘Sec. 304. Use of national Federal write-in absentee ballot.’’. 
SEC. 2. ESTABLISHMENT OF BALLOT AND STANDARDS. 
(a) IN GENERAL.—Subtitle C of title II of the Help 
America Vote Act of 2002 (42 U.S.C. 15381 et seq.) is 
amended— 
(1) by redesignating section 247 as section 248; 
and 
(2) by inserting after section 246 the following 
new section: 
‘‘SEC. 247. NATIONAL FEDERAL WRITE-IN ABSENTEE BAL-
LOT. 
‘‘(a) FORM OF BALLOT.—The Commission shall es-
tablish a national Federal write-in absentee ballot (includ-
ing a secrecy envelope and mailing envelope for such bal-
lot) for use in elections for Federal office. 
‘‘(b) STANDARDS.—The Commission shall prescribe 
standards for— 
‘‘(1) distributing the national Federal write-in 
absentee ballot, including standards for distributing 
such ballot through the Internet; and
‘‘(2) processing and submission of the national 
Federal write-in absentee ballot.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
of the Help America Vote Act of 2002 is amended— 
(1) by redesignating the item relating to section 
247 as relating to section 248; and 
(2) by inserting after the item relating to sec-
tion 246 the following new item: 
‘‘Sec. 247. National Federal write-in absentee ballot.’’. 
(c) EFFECTIVE
DATE.—The Election Assistance 
Commission shall establish a national Federal write-in ab-
sentee ballot under section 247(a) of the Help America 
Vote Act of 2002 (as amended by subsection (a)), and pre-
scribe standards relating to the ballot under section 
247(b) of such Act, not later than January 1, 2006. 
Æ
I 
109TH CONGRESS 
1ST SESSION H. R. 4088 
To impose limitations on the use of eminent domain for purposes of economic 
development. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 19, 2005 
Mr. PALLONE introduced the following bill; which was referred to the Com-
mittee on the Judiciary, and in addition to the Committee on Financial 
Services, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned 
A BILL 
To impose limitations on the use of eminent domain for 
purposes of economic development. 
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 ‘‘Protect Our Homes 
Act’’. 
SEC. 2. LIMITATIONS ON USE OF EMINENT DOMAIN. 
(a) IN GENERAL.—No Federal, State, or local gov-
ernmental entity may use the power of eminent domain 
to take private property for economic development pur-
poses unless the entity meets the conditions of subsection 
(b). 
(b) CONDITIONS.—To meet the conditions of this 
subsection, a Federal, State, or local governmental entity 
must be able to demonstrate the following: 
(1) The property that is subject to the taking 
constitutes a significant public health or safety risk. 
(2) The entity has examined all reasonable al-
ternatives to the taking, and has set forth its find-
ings in a series of public hearings. 
(3) The entity has provided notice of the taking 
and an opportunity for public comment. 
(4) If the property is to be used for residential 
development, the entity has required that the devel-
opment include affordable housing for individuals, 
families, and seniors in an amount proportional to 
the number of residences condemned. 
(5) If the property is to be used for commercial 
development, the entity has required the availability 
of additional affordable housing for individuals, fam-
ilies, and seniors in an amount proportional to the 
number of residences condemned to be located in a 
comparable housing market. 
(6) The entity has provided just compensation 
for the property reflecting the following:
(A) Fair market value. 
(B) Relocation costs consistent with the 
Uniform Relocation Assistance and Real Prop-
erty Acquisition Policies Act of 1970 (42 
U.S.C. 4601 et seq.). 
(C) Projected market value of the property 
after redevelopment. 
(7) The entity has disclosed its basis for deter-
mining the amount of compensation specified in 
paragraph (6). 
(8) The entity has provided a process by which 
the affected community may petition to put the pro-
posed development to a ballot initiative at the ear-
liest practicable time. 
SEC. 3. ENFORCEMENT. 
(a) INELIGIBILITY FOR FEDERAL FUNDS.—Failure 
to comply with the requirements of section 2 renders a 
State or local governmental entity ineligible for Federal 
financial assistance under any program administered by 
the Department of Housing and Urban Development. 
(b) NONCOMPLIANCE.—The Secretary of Housing 
and Urban Development shall provide for enforcement of 
the limitation contained in subsection (a). 
Æ
I 
109TH CONGRESS 
1ST SESSION H. R. 4142 
To amend title XIX of the Social Security Act to provide health information 
technology grants to States and transform the Medicaid Program by 
reducing the number of medical and medication errors, unnecessary hos-
pitalizations, infections and inappropriate care that exists within the 
current system and save thousands of lives and tens of billions of dollars 
a year. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 25, 2005 
Mr. MURPHY introduced the following bill; which was referred to the 
Committee on Energy and Commerce 
A BILL 
To amend title XIX of the Social Security Act to provide 
health information technology grants to States and trans-
form the Medicaid Program by reducing the number 
of medical and medication errors, unnecessary hos-
pitalizations, infections and inappropriate care that exists 
within the current system and save thousands of lives 
and tens of billions of dollars a year. 
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 ‘‘Medicaid Trans-
formation Grant Act of 2005’’. 
SEC. 2. MEDICAID TRANSFORMATION GRANTS. 
(a) IN GENERAL.—Section 1903 of the Social Secu-
rity Act (42 U.S.C. 1396b) is amended by adding at the 
end the following new subsection: 
‘‘(x) MEDICAID TRANSFORMATION PAYMENTS.— 
‘‘(1) IN
GENERAL.—In addition to the pay-
ments provided under subsection (a), subject to 
paragraph (4), the Secretary shall provide for pay-
ments under subsection (a) to States for the adop-
tion of innovative methods to improve the effective-
ness and efficiency in providing medical assistance 
under this title. 
‘‘(2) PERMISSIBLE USES OF FUNDS.—The fol-
lowing are examples of innovative methods for which 
funds provided under this subsection may be used: 
‘‘(A) Methods for reducing patient error 
rates through the implementation and use of 
electronic health records, electronic clinical deci-
sion support tools, or e-prescribing programs. 
‘‘(B) Methods for improving rates of collec-
tion from estates of amounts owed under this 
title.
‘‘(C) QUALIFIED
APPRAISER.—The term 
‘qualified appraiser’ has the meaning given such 
term by section 170(f)(11)(E)(ii).’’. 
(c) EFFECTIVE DATES.— 
(1) MISSTATEMENT PENALTIES.—The amend-
ments made by subsection (a) shall apply to returns 
filed after the date of the enactment of this Act. 
(2) APPRAISER PROVISIONS.—The amendments 
made by subsection (b) shall apply to appraisals pre-
pared with respect to returns or submissions filed 
after the date of the enactment of this Act. 
Æ