datamatters24/research-document-archive huggingface dataset:
106TH CONGRESS
1ST SESSION
H. R. 2910
AN ACT
To amend title 49, United States Code, to author-
ize appropriations for the National Transpor-
tation Safety Board for fiscal years 2000, 2001,
and 2002, and for other purposes.
licensed or certified by the State to engage in the 
delivery of such services in the State. 
(5) HOSPITAL.—The term ‘‘hospital’’ means 
any of the following: 
(A) Any facility defined as a hospital 
under State law and issued an operating certifi-
cate as a hospital or nursing home. 
(B) Any ambulance service which is reg-
istered or certified under State law and which 
is designed and equipped to provide definitive 
acute medical care pursuant to rules and regu-
lations of the State health agency, which must 
include the provision of advanced life support 
services. 
(C) Any community mental health center 
operated by a State or unit of local government, 
holding an operating certificate issued by the 
State mental hygiene agency. 
(D) Any certified public or voluntary non- 
profit home care service agency which possesses 
a valid certificate of approval issued under 
State public health law. 
(6) INJURY.—The term ‘‘injury’’ means any ill-
ness, disease, or other harm that is the subject of
a medical malpractice liability action or a medical 
malpractice claim. 
(7) MEDICAL MALPRACTICE CLAIM.—The term 
‘‘medical malpractice claim’’ means a claim against 
a health care professional or health care provider in 
which a claimant alleges that injury was caused by 
the provision of (or the failure to provide) health 
care services, except that such term does not in-
clude— 
(A) any claim based on an allegation of an 
intentional tort; or 
(B) any claim based on an allegation that 
a product is defective or unreasonably dan-
gerous. 
(8) MEDICAL MALPRACTICE INSURANCE.—The 
term ‘‘medical malpractice insurance’’ means insur-
ance against legal liability of the insured, and 
against loss, damage, or expense incident to a claim 
of such liability arising out of the death or injury of 
any person due to medical, dental, podiatric, cer-
tified nurse-midwifery, or hospital malpractice by 
any health care professional or health care provider. 
(9) MEDICAL
MALPRACTICE
LIABILITY
AC-
TION.—The term ‘‘medical malpractice liability ac-
tion’’ means an arbitration proceeding (or a subse-
106TH CONGRESS
2D SESSION
H. R. 2919
AN ACT
To promote preservation and public awareness of
the history of the Underground Railroad by pro-
viding financial assistance, to the Freedom Cen-
ter in Cincinnati, Ohio.
(2) COMPOSITION OF ARBITRATION PANELS.— 
Arbitration shall be conducted by one or more arbi-
trators who— 
(A) are qualified specialists or medical ex-
perts; and 
(B) are selected by agreement of the par-
ties, or, if the parties do not agree, who are 
qualified under applicable State law and se-
lected by the court. 
(3) MANDATORY
PARTICIPATION
AND
DIS-
SATISFACTION.— 
(A) MANDATORY PARTICIPATION.—Partici-
pation in arbitration to resolve a medical mal-
practice claim is mandatory, and shall be in lieu 
of any other alternative dispute resolution 
method required by any other law or by any 
contractual arrangement made by or on behalf 
of the parties to the arbitration before the com-
mencement of the action. 
(B) DISSATISFACTION.—Any party dissat-
isfied with a determination reached by a med-
ical malpractice arbitration panel with respect 
to a medical malpractice claim as a result of 
such arbitration shall not be bound by such de-
termination, and may bring a civil action in any
I 
109TH CONGRESS 
1ST SESSION H. R. 3631 
To limit the States use of eminent domain. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 29, 2005 
Mr. HEFLEY introduced the following bill; which was referred to the Com-
mittee on Transportation and Infrastructure, and in addition to the Com-
mittee 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 jurisdiction of the committee concerned 
A BILL 
To limit the States use of eminent domain. 
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 ‘‘Eminent Domain Lim-
itation Act of 2005’’. 
SEC. 2. FINDINGS. 
Congress finds that— 
(1) the protection of private property is one of 
the three basic tenets of American government;
(2) it is the constitutional duty of the Federal 
Government to defend the Constitution; 
(3) the United States Supreme Court’s decision 
of June 23, 2005 in the case of Kelo et al v. City 
of New London et al appears to expand the defini-
tion of public use under eminent domain to signifi-
cantly threaten private property rights; 
(4) economic development is not a public use, 
for the purposes of eminent domain; and 
(5) no property should be taken for a public use 
unless the need for such taking is exigent. 
SEC. 3. LIMITATIONS ON STATE USE OF EMINENT DOMAIN. 
(a) IN GENERAL.—No State shall be eligible to re-
ceive any Federal assistance for any economic development 
unless that State has in effect a law relating to takings 
meeting the criteria set forth in subsection (b). 
(b) CRITERIA.—The law relating to takings must— 
(1) prohibit the use of eminent domain for eco-
nomic development; 
(2) limit the uses for which eminent domain 
may be used to public health and safety, rights-of- 
way for public utilities and public highways and 
parks; and
(3) require the entity engaging in the taking to 
show the necessity for it and that no reasonable al-
ternatives exist. 
(c) ADMINISTRATION.—The President shall make 
rules to carry out this Act and determine which States 
are in compliance and direct appropriate agencies and en-
tities to withhold assistance accordingly. 
(d) EFFECTIVE DATE.—This section applies with re-
spect to fiscal year 2007 and succeeding fiscal years. 
Æ
Federal district court of competent jurisdiction 
within the 30-day period beginning on the date 
such determination was reached. The deter-
mination of such arbitration, and all state-
ments, offers, and communications made during 
such arbitration, shall be inadmissible for pur-
poses of adjudicating such action. 
(4) FRIVOLOUSNESS.— 
(A) FEDERAL
DISTRICT
COURT.—Except 
as provided in subparagraph (B), if a medical 
malpractice arbitration panel determines a med-
ical malpractice claim to be frivolous, the panel 
shall dismiss such claim. If such claim is dis-
missed, the claimant may bring a civil action in 
any Federal district court of competent jurisdic-
tion. If the defendant prevails in such action, 
the court may, in its discretion and as the in-
terests of justice require, assess against the 
claimant a reasonable attorney’s fee and other 
litigation costs and expenses (including expert 
fees) reasonably incurred. 
(B) EXCEPTION.—If a medical malpractice 
arbitration panel is unable to determine if a 
medical malpractice claim is frivolous, the panel 
may dismiss such claim. If such claim is dis-
missed, the claimant may bring a civil action in 
any Federal district court of competent jurisdic-
tion. If the claimant prevails in such action, 
each party shall individually be responsible for 
reasonable attorney’s fee and other litigation 
costs and expenses (including expert fees) rea-
sonably incurred. 
(5) DISCLOSURE.—Each State shall disclose to 
residents of the State the procedures relating to ar-
bitration and formal adjudication for resolution of 
medical malpractice claims. 
(6) ADDITIONAL REQUIREMENTS.—The Attor-
ney General, in consultation with the Secretary for 
Health and Human Services, shall proscribe regula-
tions to ensure that medical malpractice arbitration 
is carried out in a manner that— 
(A) is affordable for the parties involved; 
(B) encourages timely resolution of med-
ical malpractice claims; 
(C) encourages the consistent and fair res-
olution of such claims; and 
(D) provides for reasonably convenient ac-
cess to dispute resolution.
(e) EFFECTIVE DATE.—This section shall apply with 
respect to any medical malpractice claim that arises more 
than 180 days after the date of the enactment of this Act. 
SEC. 5. PREEMPTION. 
The provisions of this Act shall preempt any State 
law to the extent such law is inconsistent with the provi-
sions of this Act. 
Æ
(4) any account for Department of Energy de-
fense activities included in an Energy and Water 
Development Appropriations Act. 
(c) PROPORTIONATE APPLICATION.—Any rescission 
made by subsection (a) shall be applied proportionately— 
(1) to each discretionary account and each item 
of budget authority described in such subsection; 
and 
(2) within each such account and item, to each 
program, project, and activity (with programs, 
projects, and activities as delineated in the appro-
priation Act or accompanying reports for the rel-
evant fiscal year covering such account or item, or 
for accounts and items not included in appropriation 
Acts, as delineated in the most recently submitted 
President’s budget). 
(d) SUBSEQUENT APPROPRIATION LAWS.—In the 
case of any fiscal year 2006 appropriation Act enacted 
after the enactment of this section, any rescission required 
by subsection (a) shall take effect immediately after the 
enactment of such Act. 
(e) OMB REPORT.—Within 30 days after the enact-
ment of this section (or, if later, 30 days after the enact-
ment of any fiscal year 2006 appropriation Act), the Di-
rector of the Office of Management and Budget shall sub-
mit to the Committees on Appropriations of the House 
of Representatives and the Senate a report specifying the 
account and amount of each rescission made pursuant to 
subsection (a). 
Æ
I 
109TH CONGRESS 
1ST SESSION H. R. 3907 
To provide for the creation of an additional category of laborers or mechanics 
known as helpers under the Davis-Bacon Act. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 27, 2005 
Mrs. BLACKBURN (for herself and Mr. NORWOOD) introduced the following 
bill; which was referred to the Committee on Education and the Workforce 
A BILL 
To provide for the creation of an additional category of 
laborers or mechanics known as helpers under 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 ‘‘Helpers Job Oppor-
tunity Act’’. 
SEC. 2. APPLICATION OF DAVIS-BACON ACT. 
(a) GENERAL RULE.—Helpers of laborers and me-
chanics shall be considered to be a separate classification 
of laborers or mechanics for purposes of subchapter IV 
of chapter 31 of title 40, United States Code (40 U.S.C.
I 
109TH CONGRESS 
1ST SESSION H. R. 3633
To amend title XVIII of the Social Security Act to provide for coverage 
under the Medicare Program of immunosuppressive drugs for Medicare 
beneficiaries who receive an organ transplant without regard to when 
the transplant was received. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 29, 2005
Mr. LATOURETTE introduced the following bill; which was referred to the 
Committee on Ways and Means, and in addition to the Committee on En-
ergy and Commerce, 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 coverage under the Medicare Program of immuno-
suppressive drugs for Medicare beneficiaries who receive 
an organ transplant without regard to when the trans-
plant was received.
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 ‘‘Medicare Fairness for 
Organ Transplant Recipients Act of 2005’’.
SEC. 2. COVERAGE OF IMMUNOSUPPRESSIVE DRUGS FOR 
MEDICARE 
BENEFICIARIES 
WITHOUT 
RE-
GARD TO WHEN AN ORGAN TRANSPLANT OC-
CURRED. 
(a) IN GENERAL.—Section 1861(s)(2)(J) of the So-
cial Security Act (42 U.S.C. 1395x(s)(2)(J)) is amended 
by striking ‘‘for which payment is made under this title’’. 
(b) STYLISTIC AMENDMENT.—Such section is further 
amended by striking the comma after ‘‘furnished’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to drugs furnished on or after the 
date of the enactment of this Act.
Æ
I 
109TH CONGRESS 
1ST SESSION H. R. 3634
To establish, not less than 1 but not more than 3, National Transportation 
Security Research Centers at institutions of higher education. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 29, 2005
Ms. ZOE LOFGREN of California (for herself, Mr. THOMPSON of Mississippi, 
Ms. NORTON, and Mr. HONDA) introduced the following bill; which was 
referred to the Committee on Homeland Security 
A BILL 
To establish, not less than 1 but not more than 3, National 
Transportation Security Research Centers at institutions 
of higher education.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. NATIONAL TRANSPORTATION SECURITY RE-
SEARCH CENTERS. 
(a) ESTABLISHMENT.—The Secretary of Homeland 
Security shall establish, not less than 1 but not more than 
3, National Transportation Security Research Centers at 
institutions of higher education to conduct research and 
education, and to develop or provide professional training,
including the training of public transportation employees 
and public transportation-related professionals, with em-
phasis on utilization of intelligent transportation systems, 
technologies, and architectures. 
(b) CRITERIA.—The Secretary shall select a Center 
according to the following selection criteria: 
(1) The demonstrated commitment of the insti-
tution to transportation security issues. 
(2) The use of and experience with partnerships 
with other institutions of higher education, Federal 
laboratories, or other nonprofit laboratories. 
(3) Capability to conduct both practical and 
theoretical research and technical systems analysis. 
(4) Utilization of intelligent transportation sys-
tem technologies and architectures. 
(5) Ability to develop professional training pro-
grams. 
(6) Capability and willingness to conduct edu-
cation of transportation security professionals. 
(7) Such other criteria that the Secretary may 
designate. 
(c) DEFINITION.—The term ‘‘institution of higher 
education’’ has the meaning given such term in section 
101 of the Higher Education Act of 1965 (20 U.S.C. 
1001).
(d) REPORTING.—Not less than once each year, the 
director of each Center shall report to the appropriate 
committees of Congress regarding the effectiveness of the 
Center’s programs. 
(e) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as may be 
necessary to carry out this section.
Æ
I 
109TH CONGRESS 
1ST SESSION H. R. 3867 
To reauthorize the Congressional Award Act. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 22, 2005 
Mrs. CUBIN (for herself, Mr. WICKER, Mr. HOLT, and Mr. OWENS) introduced 
the following bill; which was referred to the Committee on Education and 
the Workforce 
A BILL 
To reauthorize the Congressional Award Act. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. REAUTHORIZATION OF THE CONGRESSIONAL 
AWARD ACT. 
(a) EXTENSION OF REQUIREMENTS REGARDING FI-
NANCIAL OPERATIONS OF CONGRESSIONAL AWARD PRO-
GRAM; NONCOMPLIANCE WITH REQUIREMENTS.—Section 
104(c)(2)(A) of the Congressional Award Act (2 U.S.C. 
804(c)(2)(A)) is amended by striking ‘‘and 2004’’ and in-
serting ‘‘2004, 2005, 2006, 2007, 2008, and 2009’’. 
(b) TERMINATION.—
(1) IN GENERAL.—Section 108 of the Congres-
sional Award Act (2 U.S.C. 808) is amended by 
striking ‘‘October 1, 2004’’ and inserting ‘‘October 
1, 2009’’. 
(2) SAVINGS PROVISION.—During the period of 
October 1, 2004, through the date of the enactment 
of this section, all actions and functions of the Con-
gressional Award Board under the Congressional 
Award Act (2 U.S.C. 801 et seq.) shall have the 
same effect as though no lapse or termination of the 
Board ever occurred. 
(c) TECHNICAL AMENDMENTS.—The Congressional 
Award Act is amended— 
(1) in section 103 (2 U.S.C. 803)— 
(A) in subparagraphs (B) and (C) of sub-
section (a)(1), by striking ‘‘a a local’’ and in-
serting ‘‘a local’’; and 
(B) in subsection (b)(3)(B), by striking 
‘‘section’’ each place it appears and inserting 
‘‘subsection’’; and 
(2) 
in 
section 
104(c)(2)(A) 
(2 
U.S.C. 
804(c)(2)(A)), by inserting a comma after ‘‘1993’’. 
Æ
I 
109TH CONGRESS 
1ST SESSION H. R. 3635
To suspend temporarily the duty on certain sardines in oil, in airtight 
containers, neither skinned nor boned. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 29, 2005
Mrs. TAUSCHER introduced the following bill; which was referred to the 
Committee on Ways and Means 
A BILL 
To suspend temporarily the duty on certain sardines in oil, 
in airtight containers, neither skinned nor boned.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. CERTAIN SARDINES IN AIRTIGHT CONTAINERS. 
(a) IN GENERAL.—Subchapter II of chapter 99 of 
the Harmonized Tariff Schedule of the United States is 
amended by inserting in numerical sequence the following 
new heading:
‘‘
9902.16.01 
Sardines, in oil, in airtight 
containers, neither skinned 
nor boned (provided for in 
subheading 1604.13.20) ......
Free 
No change 
No change 
On or before 
12/31/2008
’’.
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) applies to goods entered, or withdrawn from 
warehouse for consumption, on or after the 15th day after 
the date of enactment of this Act.
Æ
I 
109TH CONGRESS 
1ST SESSION H. R. 3868 
To increase and expand expensing under section 179 of the Internal Revenue 
Code of 1986 for property in hurricane disaster areas declared in 2005. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 22, 2005 
Mr. DOOLITTLE introduced the following bill; which was referred to the 
Committee on Ways and Means 
A BILL 
To increase and expand expensing under section 179 of the 
Internal Revenue Code of 1986 for property in hurricane 
disaster areas declared in 2005. 
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 ‘‘Gulf Region Economic 
Assistance Tax Relief Act’’. 
SEC. 2. EXPANSION AND INCREASE IN SECTION 179 EX-
PENSING FOR PROPERTY IN HURRICANE DIS-
ASTER AREAS DECLARED IN 2005. 
(a) IN GENERAL.—In the case of qualified hurricane 
recovery property, section 179 of the Internal Revenue
Code of 1986 shall be applied with the following adjust-
ments: 
(1) INCREASED DOLLAR LIMITATION; WAIVER 
OF REDUCTION.—The limitations of paragraphs (1) 
and (2) of section 179(b) of such Code shall be ap-
plied— 
(A) separately to qualified hurricane recov-
ery property and any other property, and 
(B) in the case of qualified hurricane re-
covery property, 
(i) such paragraph (1) shall be ap-
plied by substituting ‘‘$10,000,000’’ for 
‘‘$100,000’’, and 
(ii) such paragraph (2) shall not 
apply. 
(2) INCLUSION
OF
REAL
PROPERTY, ETC.— 
Paragraph (1) of section 179(d) of such Code shall 
be applied without regard to subparagraph (B) 
thereof. 
(b) QUALIFIED
HURRICANE
RECOVERY
PROP-
ERTY.—For purposes of this section— 
(1) IN GENERAL.—The term ‘‘qualified hurri-
cane recovery property’’ means any property— 
(A) placed in service by the taxpayer dur-
ing the period beginning on the date of the en-
actment of this Act and ending on December 
31, 2006, in a hurricane recovery area, and 
(B) substantially all of the use of which is 
in such area and is in the active conduct of a 
trade or business by the taxpayer in such area. 
(2) HURRICANE
RECOVERY
AREA.—The term 
‘‘hurricane recovery area’’ means any area deter-
mined by the President during 2005 to warrant indi-
vidual or individual and public assistance from the 
Federal Government under the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act by 
reason of a hurricane. 
(c) RECAPTURE.—Rules similar to the rules of sec-
tion 179(d)(10) of such Code shall apply with respect to 
qualified hurricane recovery property which ceases to be 
used in a hurricane recovery area. 
Æ
3141 et seq.), commonly known as the Davis-Bacon Act. 
A helper of a laborer or mechanic shall be paid the pre-
vailing wage of helpers of laborers or mechanics employed 
on projects which are of a character similar to the project 
on which the helper is employed and which are in the same 
city, town, or other subdivision of the State (or District 
of Columbia) in which the helper is employed. 
(b) DEFINITION.—For purposes of subsection (a), 
the term ‘‘helper’’ means a semi-skilled worker (other than 
a skilled journeyman mechanic) who— 
(1) works under the direction of and assists a 
journeyman; 
(2) under the journeyman’s direction and su-
pervision, performs a variety of duties to assist the 
journeyman, such as preparing, carrying, and fur-
nishing materials, tools, equipment, and supplies, 
maintaining them in order, cleaning and preparing 
work areas, lifting, positioning, and holding mate-
rials or tools, and other related semi-skilled tasks as 
directed by the journeyman; and 
(3) may use tools of the trade at and under the 
direction and supervision of the journeyman. 
Æ
I 
109TH CONGRESS 
1ST SESSION H. R. 3636
To suspend temporarily the duty on prepared or preserved oysters, not 
smoked. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 29, 2005
Mrs. TAUSCHER introduced the following bill; which was referred to the 
Committee on Ways and Means 
A BILL 
To suspend temporarily the duty on prepared or preserved 
oysters, not smoked.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. CERTAIN PREPARED OR PRESERVED OYSTERS. 
(a) IN GENERAL.—Subchapter II of chapter 99 of 
the Harmonized Tariff Schedule of the United States is 
amended by inserting in numerical sequence the following 
new heading:
‘‘
9902.16.02
Oysters, except smoked, pre-
pared or preserved (provided 
for in subheading 
1605.90.50) .........................
Free 
No change 
No change 
On or before 
12/31/2008
’’.
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) applies to goods entered, or withdrawn from 
warehouse for consumption, on or after the 15th day after 
the date of enactment of this Act.
Æ
Alabama’’: 98, 437, 461, 462, 469, 496, 501, 503, 504, 
507, 528, 534, 582, 644, 645, 646, 647, and 650. 
Æ
filed and made available for public inspection in the 
appropriate office of the Secretary. 
SEC. 514. ADMINISTRATION OF WILDERNESS. 
(a) MANAGEMENT.—Subject to valid existing rights, 
the land designated as wilderness or as a wilderness addi-
tion by this subtitle shall be administered by the Secretary 
in accordance with the Wilderness Act (16 U.S.C. 1131 
et seq.), except that— 
(1) any reference in that Act to the effective 
date of that Act shall be deemed to be a reference 
to— 
(A) the date of the enactment of this Act; 
or 
(B) in the case of the wilderness addition 
designated by subsection (b) of section 513, the 
date on which the notice required by such sub-
section is published in the Federal Register; 
and 
(2) any reference in that Act to the Secretary 
of Agriculture shall be deemed to be a reference to 
the Secretary that has jurisdiction over the land. 
(b) INCORPORATION OF ACQUIRED LAND AND IN-
TERESTS.—Any land within the boundaries of a wilderness 
area or wilderness addition designated by this subtitle that 
is acquired by the United States shall— 
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