datamatters24/research-document-archive huggingface dataset:
I 
109TH CONGRESS 
1ST SESSION H. R. 3593 
To prohibit the use of vending machines to sell tobacco products in all 
locations other than in locations in which the presence of minors is 
not permitted. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 28, 2005 
Mr. ROTHMAN introduced the following bill; which was referred to the 
Committee on Energy and Commerce 
A BILL 
To prohibit the use of vending machines to sell tobacco 
products in all locations other than in locations in which 
the presence of minors is not permitted. 
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 ‘‘Stop Kids From Smok-
ing Act’’. 
SEC. 2. FINDINGS. 
The Congress finds that— 
(1) almost 90 percent of adult smokers began 
at or before age 18;
(2) 35 percent of high school kids currently 
smoke cigarettes; 
(3) 
each 
year 
minors 
illegally 
purchase 
256,000,000 packs of cigarettes; 
(4) more than 5,000,000 kids alive today under 
the age of 18 will die prematurely from tobacco-re-
lated disease unless current sales are reversed; and 
(5) numerous studies and surveys show that 
significant percentages of young people are able to 
purchase cigarettes from vending machines, even in 
jurisdictions that have laws restricting the placement 
of the machines or requiring the use of locking de-
vices. 
SEC. 3. ACCESS. 
(a) VENDING MACHINES.—Vending machines may be 
used to sell tobacco products only in an area or establish-
ment from which individuals under the minimum age pre-
scribed by subsection (b) are denied access. 
(b) MINIMUM AGE.—No manufacturer, distributor, 
or retailer of tobacco products may sell a tobacco product 
to an individual who is under the age of 18, except that 
if a State or municipality has established a higher age, 
no manufacturer, distributor, or retailer of tobacco prod-
ucts may sell tobacco products in that State or munici-
pality to an individual who is less than such higher age.
(c) PREEMPTION.—This Act shall not preempt any 
State or municipal law which bans all vending machines 
that sell tobacco products, nor will it preclude any State 
or locality from enacting such a stronger ban in the future. 
SEC. 4. DEFINITION. 
For purposes of this Act, the term ‘‘tobacco product’’ 
includes cigarettes, cigars, little cigars, pipe tobacco, and 
smokeless tobacco. 
SEC. 5. PENALTY. 
Any person who violates this Act is liable to the 
United States for a civil money penalty of $1,000 for each 
violation. 
Æ
results in serious bodily injury (as defined in section 
2119(2)) be imprisoned for life or any term of years 
not less than 30; 
‘‘(3) if the crime of violence results in bodily in-
jury (as defined in section 1365) or is an offense 
under paragraphs (1), (2), or (5) of section 2244(a), 
be imprisoned for life or for any term of years not 
less than 20; 
‘‘(4) if a dangerous weapon was used during 
and in relation to the crime of violence, be impris-
oned for life or for any term of years not less than 
15; and 
‘‘(5) in any other case, be imprisoned for life or 
for any term of years not less than 10.’’. 
SEC. 303. ENSURING FAIR AND EXPEDITIOUS FEDERAL 
COLLATERAL REVIEW OF CONVICTIONS FOR 
KILLING A CHILD. 
(a) LIMITS ON CASES.—Section 2254 of title 28, 
United States Code, is amended by adding at the end the 
following: 
‘‘(j)(1) A court, justice, or judge shall not have juris-
diction to consider any claim relating to the judgment or 
sentence in an application described under paragraph (2), 
unless the applicant shows that the claim qualifies for con-
sideration on the grounds described in subsection (e)(2).
I 
109TH CONGRESS 
1ST SESSION H. R. 3595 
To amend the Omnibus Crime Control and Safe Streets Act of 1968 to 
reauthorize the Matching Grant Program for School Security. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 28, 2005 
Mr. ROTHMAN introduced the following bill; which was referred to the 
Committee on the Judiciary 
A BILL 
To amend the Omnibus Crime Control and Safe Streets 
Act of 1968 to reauthorize the Matching Grant Program 
for School Security. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. REAUTHORIZATION OF MATCHING GRANT PRO-
GRAM FOR SCHOOL SECURITY. 
Section 2705 of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3797e) is amended by 
striking ‘‘2003’’ and inserting ‘‘2008’’. 
Æ
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Justice for Peace Offi-
cers Act’’. 
SEC. 2. FINDINGS. 
The Congress finds the following: 
(1) Thousands of fugitives have fled to Mexico 
to escape prosecution in the United States, including 
individuals accused of murdering peace officers. 
(2) The United States should use all reasonable 
tools available to encourage foreign countries to 
change their extradition policies so that the possi-
bility of capital punishment or life imprisonment will 
not interfere with the timely extradition of fugitives 
of the United States. 
(3) Under Federal law, it is a crime to kill a 
Federal peace officer or State or local officers en-
gaged in a Federal investigation. 
(4) Murdering a State or local peace officer and 
fleeing the country to avoid prosecution should also 
be a Federal crime with the same penalties as the 
murder of a Federal officer. 
(5) State and local prosecutors are the best 
equipped prosecutors to prosecute crimes against 
local and State peace officers. 
(6) Cases involving the murder of local and 
State peace officers and subsequent flight to avoid
under section 920 of title 10 (article 120 of the 
Uniform Code of Military Justice), or under the 
laws of any State relating to the sexual exploi-
tation of children, such person shall be fined 
under this title and imprisoned not less than 35 
years nor more than life.’’ and inserting ‘‘life.’’; 
and 
(E) by striking ‘‘any term of years or for 
life’’ and inserting ‘‘not less than 30 years or 
for life’’. 
(2) ACTIVITIES
RELATING
TO
MATERIAL
IN-
VOLVING
THE
SEXUAL
EXPLOITATION
OF
CHIL-
DREN.—Section 2252(b) of title 18, United States 
Code, is amended— 
(A) in paragraph (1)— 
(i) by striking ‘‘paragraphs (1)’’ and 
inserting ‘‘paragraph (1)’’; 
(ii) by inserting ‘‘section 1591,’’ after 
‘‘this chapter,’’; 
(iii) by inserting ‘‘, or sex trafficking 
of children’’ after ‘‘pornography’’; 
(iv) by striking ‘‘5 years and not more 
than 20 years’’ and inserting ‘‘25 years or 
for life’’; and
(v) by striking ‘‘not less than 15 years 
nor more than 40 years.’’ and inserting 
‘‘life.’’; and 
(B) in paragraph (2)— 
(i) by striking ‘‘or imprisoned not 
more than 10 years’’ and inserting ‘‘and 
imprisoned for not less than 10 nor more 
than 30 years’’; 
(ii) by striking ‘‘, or both’’; and 
(iii) by striking ‘‘10 years nor more 
than 20 years.’’ and inserting ‘‘30 years or 
for life.’’. 
(3) ACTIVITIES RELATING TO MATERIAL CON-
STITUTING OR CONTAINING CHILD PORNOGRAPHY.— 
Section 2252A(b) of title 18, United States Code, is 
amended— 
(A) in paragraph (1)— 
(i) by inserting ‘‘section 1591,’’ after 
‘‘this chapter,’’; 
(ii) by inserting ‘‘, or sex trafficking 
of children’’ after ‘‘pornography’’; 
(iii) by striking ‘‘5 years and not more 
than 20 years’’ and inserting ‘‘25 years or 
for life’’; and
I 
109TH CONGRESS 
1ST SESSION H. R. 3599 
To amend the Internal Revenue Code of 1986 to clarify the calculation 
of the reserve allowance for medical benefits of plans sponsored by 
bona fide associations. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 28, 2005 
Mr. RYAN of Wisconsin 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 clarify 
the calculation of the reserve allowance for medical bene-
fits of plans sponsored by bona fide associations. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. ALLOWANCE OF RESERVE FOR MEDICAL BENE-
FITS OF PLANS SPONSORED BY BONA FIDE 
ASSOCIATIONS. 
(a) IN GENERAL.—Section 419A(c) of the Internal 
Revenue Code of 1986 (relating to account limit) is 
amended by adding at the end the following new para-
graph:
‘‘(6) ADDITIONAL RESERVE FOR MEDICAL BEN-
EFITS OF BONA FIDE ASSOCIATION PLANS.— 
‘‘(A) IN GENERAL.—An applicable account 
limit for any taxable year may include a reserve 
in an amount not to exceed 35 percent of the 
sum of— 
‘‘(i) the qualified direct costs, and 
‘‘(ii) the change in claims incurred, 
but unpaid, for such taxable year with re-
spect to medical benefits (other than post- 
retirement medical benefits). 
‘‘(B) APPLICABLE
ACCOUNT
LIMIT.—For 
purposes of this subsection, the term ‘applicable 
account limit’ means an account limit for a 
qualified asset account with respect to medical 
benefits provided through a plan maintained by 
a bona fide association (as defined in section 
2791(d)(3) of the Public Health Service Act 
(42 U.S.C. 300gg–91(d)(3)).’’. 
(b) EFFECTIVE DATE.—The amendment made by 
this section shall apply to taxable years ending after De-
cember 31, 2004. 
Æ
(iv) by striking ‘‘not less than 15 
years nor more than 40 years’’ and insert-
ing ‘‘life’’; and 
(B) in paragraph (2)— 
(i) by striking ‘‘or imprisoned not 
more than 10 years, or both’’ and inserting 
‘‘and imprisoned for not less than 10 nor 
more than 30 years’’; and 
(ii) by striking ‘‘10 years nor more 
than 20 years’’ and inserting ‘‘30 years or 
for life’’. 
(4) USING MISLEADING DOMAIN NAMES TO DI-
RECT CHILDREN TO HARMFUL MATERIAL ON THE 
INTERNET.—Section 2252B(b) of title 18, United 
States Code, is amended by striking ‘‘or imprisoned 
not more than 4 years, or both’’ and inserting ‘‘ and 
imprisoned not less than 10 nor more than 30 
years’’. 
(5) PRODUCTION OF SEXUALLY EXPLICIT DE-
PICTIONS OF CHILDREN.—Section 2260(c) of title 
18, United States Code, is amended by striking 
paragraphs (1) and (2) and inserting the following: 
‘‘(1) shall be fined under this title and impris-
oned for any term or years not less than 25 or for 
life; and
‘‘(2) if the person has a prior conviction under 
this chapter, section 1591, chapter 71, chapter 
109A, or chapter 117, or under section 920 of title 
10 (article 120 of the Uniform Code of Military Jus-
tice), shall be fined under this title and imprisoned 
for life.’’. 
(c) MANDATORY LIFE IMPRISONMENT FOR CERTAIN 
REPEATED SEX OFFENSES AGAINST CHILDREN.—Sec-
tion 3559(e)(2)(A) of title 18, United States Code, is 
amended— 
(1) by striking ‘‘or 2423(a)’’ and inserting 
‘‘2423(a)’’; and 
(2) by inserting ‘‘, 2423(b) (relating to travel 
with intent to engage in illicit sexual conduct), 
2423(c) (relating to illicit sexual conduct in foreign 
places), or 2425 (relating to use of interstate facili-
ties to transmit information about a minor)’’ after 
‘‘minors)’’. 
SEC. 403. SENSE OF CONGRESS WITH RESPECT TO PROS-
ECUTIONS UNDER SECTION 2422(b) OF TITLE 
18, UNITED STATES CODE. 
(a) FINDINGS.—Congress finds that— 
(1) a jury convicted Jan P. Helder, Jr., of 
using a computer to attempt to entice an individual
who had not attained the age of 18 years to engage 
in unlawful sexual activity; 
(2) during the trial, evidence showed that Jan 
Helder had engaged in an online chat with an indi-
vidual posing as a minor, who unbeknownst to him, 
was an undercover law enforcement officer; 
(3) notwithstanding, Dean Whipple, District 
Judge for the Western District of Missouri, acquit-
ted Jan Helder, ruling that because he did not, in 
fact, communicate with a minor, he did not commit 
a crime; 
(4) the 9th Circuit Court of Appeals, in United 
States v. Jeffrey Meek, specifically addressed the 
question facing Judge Whipple and concurred with 
the 5th and 11th Circuit Courts in finding that ‘‘an 
actual minor victim is not required for an attempt 
conviction under 18 U.S.C. 2422(b).’’; 
(5) the Department of Justice has successfully 
used evidence obtained through undercover law en-
forcement to prosecute and convict perpetrators who 
attempted to solicit children on the Internet; and 
(6) the Department of Justice states, ‘‘Online 
child pornography/child sexual exploitation is the 
most significant cyber crime problem confronting the 
FBI that involves crimes against children.’’.
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) it is a crime under section 2422(b) of title 
18, United States Code, to use a facility of inter-
state commerce to attempt to entice an individual 
who has not attained the age of 18 years into unlaw-
ful sexual activity, even if the perpetrator incorrectly 
believes that the individual has not attained the age 
of 18 years; 
(2) well-established caselaw has established that 
section 2422(b) of title 18, United States Code, 
criminalizes any attempt to entice a minor into un-
lawful sexual activity, even if the perpetrator incor-
rectly believes that the individual has not attained 
the age of 18 years; 
(3) the Department of Justice should appeal 
Judge Whipple’s decision in United States v. Helder, 
Jr. and aggressively continue to track down and 
prosecute sex offenders on the Internet; and 
(4) Judge Whipple’s decision in United States 
v. Helder, Jr. should be overturned in light of the 
law as it is written, the intent of Congress, and well- 
established caselaw.
compile a single administrative record which shall consoli-
date the records of the proceedings referred to in para-
graph (2). 
‘‘(4) Any Federal administrative proceeding that is 
an appeal or review of a decision made or action taken 
by a Federal administrative agency or officer (or State ad-
ministrative agency or officer acting under delegated Fed-
eral authority) with respect to the siting, construction, ex-
pansion, or operation of a liquefied natural gas import ter-
minal shall use as its exclusive record for all purposes the 
administrative record compiled by the Federal Energy 
Regulatory Commission under paragraph (3). 
‘‘(f) JUDICIAL REVIEW.—(1) Except for review by 
the Supreme Court of the United States on writ of certio-
rari, the United States Court of Appeals for the District 
of Columbia Circuit shall have original and exclusive juris-
diction to hear and determine any civil action for review 
of a decision made or action taken by a Federal adminis-
trative agency or officer (or State administrative agency 
or officer acting under delegated Federal authority) with 
respect to the siting, construction, expansion, or operation 
of a liquefied natural gas import terminal. The civil action 
shall be filed not later than 60 days after the decision or 
action described in this paragraph.
‘‘(2) If a civil action referred to in paragraph (1) is 
filed, the Federal Energy Regulatory Commission shall file 
in the United States Court of Appeals for the District of 
Columbia Circuit the single administrative record com-
piled under subsection (e)(3) with respect to the liquefied 
natural gas import terminal named in the civil action. 
‘‘(g) LEAD AGENCY.—With respect to the siting, con-
struction, expansion, or operation of a liquefied natural 
gas import terminal, the Federal Energy Regulatory Com-
mission shall be the lead Federal agency for purposes of 
complying with the National Environmental Policy Act of 
1969 (42 U.S.C. 4321 et seq.).’’. 
(b) DEFINITION.—Section 2 of the Natural Gas Act 
(15 U.S.C. 717a) is amended by adding at the end the 
following new paragraph: 
‘‘(11) ‘Liquefied natural gas import terminal’ 
includes all facilities located onshore or in State wa-
ters that are used to receive, unload, store, trans-
port, gasify, or process liquefied natural gas that is 
imported to the United States from a foreign coun-
try, but does not include the tankers used to deliver 
liquefied natural gas to such facilities.’’. 
Æ
TITLE V—FOSTER CHILD PRO-
TECTION AND CHILD SEXUAL 
PREDATOR DETERRENCE 
SEC. 501. SHORT TITLE. 
This title may be cited as the ‘‘Foster Child Protec-
tion and Child Sexual Predator Sentencing Act of 2005’’. 
SEC. 502. REQUIREMENT TO COMPLETE BACKGROUND 
CHECKS BEFORE APPROVAL OF ANY FOSTER 
OR ADOPTIVE PLACEMENT AND TO CHECK 
NATIONAL CRIME INFORMATION DATABASES 
AND STATE CHILD ABUSE REGISTRIES; SUS-
PENSION AND SUBSEQUENT ELIMINATION OF 
OPT-OUT. 
(a) REQUIREMENT
TO
COMPLETE
BACKGROUND 
CHECKS BEFORE APPROVAL OF ANY FOSTER OR ADOP-
TIVE PLACEMENT AND TO CHECK NATIONAL CRIME IN-
FORMATION DATABASES AND STATE CHILD ABUSE REG-
ISTRIES; SUSPENSION OF OPT-OUT.— 
(1) REQUIREMENT TO CHECK NATIONAL CRIME 
INFORMATION DATABASES AND STATE CHILD ABUSE 
REGISTRIES.—Section 471(a)(20) of the Social Se-
curity Act (42 U.S.C. 671(a)(20)) is amended— 
(A) in subparagraph (A)— 
(i) in the matter preceding clause 
(i)—
(I) by inserting ‘‘, including 
checks of national crime information 
databases (as defined in section 
534(e)(3)(A) of title 28, United 
States Code),’’ after ‘‘criminal records 
checks’’; and 
(II) by striking ‘‘on whose behalf 
foster care maintenance payments or 
adoption assistance payments are to 
be made’’ and inserting ‘‘regardless of 
whether foster care maintenance pay-
ments or adoption assistance pay-
ments are to be made on behalf of the 
child’’; and 
(ii) in each of clauses (i) and (ii), by 
inserting ‘‘involving a child on whose be-
half such payments are to be so made’’ 
after ‘‘in any case’’; and 
(B) by adding at the end the following: 
‘‘(C) provides that the State shall— 
‘‘(i) check any child abuse and neglect reg-
istry maintained by the State for information 
on any prospective foster or adoptive parent 
and on any other adult living in the home of 
such a prospective parent, and request any
other State in which any such prospective par-
ent or other adult has resided in the preceding 
5 years, to enable the State to check any child 
abuse and neglect registry maintained by such 
other State for such information, before the 
prospective foster or adoptive parent may be fi-
nally approved for placement of a child, regard-
less of whether foster care maintenance pay-
ments or adoption assistance payments are to 
be made on behalf of the child under the State 
plan under this part; 
‘‘(ii) comply with any request described in 
clause (i) that is received from another State; 
and 
‘‘(iii) have in place safeguards to prevent 
the unauthorized disclosure of information in 
any child abuse and neglect registry maintained 
by the State, and to prevent any such informa-
tion obtained pursuant to this subparagraph 
from being used for a purpose other than the 
conducting of background checks in foster or 
adoptive placement cases;’’. 
(2) 
SUSPENSION
OF
OPT-OUT.—Section 
471(a)(20)(B) 
of 
such 
Act 
(42 
U.S.C. 
671(a)(20)(B)) is amended—
I 
109TH CONGRESS 
1ST SESSION 
H. R. 35
To authorize the Secretary of Transportation to carry out a project to widen 
Interstate Route 35 East in Denton County, Texas. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 4, 2005
Mr. BURGESS introduced the following bill; which was referred to the 
Committee on Transportation and Infrastructure 
A BILL 
To authorize the Secretary of Transportation to carry out 
a project to widen Interstate Route 35 East in Denton 
County, Texas.
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 ‘‘North Texas Mobility 
Improvement Act of 2005’’. 
SEC. 2. HIGH PRIORITY HIGHWAY PROJECT, DENTON 
COUNTY, TEXAS. 
(a) PROJECT AUTHORIZATION.—The Secretary of 
Transportation is authorized to carry out a project to 
widen from 4 to 6 lanes Interstate Route 35 East between
Farm-to-Market Road 2181 and Lake Lewisville in Den-
ton County, Texas. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated out of the Highway Trust 
Fund (other than the Mass Transit Account) to carry out 
this section $5,000,000 for fiscal year 2006. 
(c) TREATMENT
AS HIGH PRIORITY PROJECT.—
Funds made available to carry out this section shall be 
available for obligation in the same manner as if the funds 
were allocated to a State under section 117 of title 23, 
United States Code, except that the allocation percentages 
specified in subsection (b) of that section shall not apply.
Æ
prosecution in the United States implicate Federal 
interests, and by providing Federal jurisdiction in 
such cases the Federal Government will be able to 
provide additional investigatory and prosecutorial re-
sources. 
SEC. 3. ESTABLISHMENT OF FEDERAL CRIME FOR KILLING 
PEACE OFFICERS AND TRAVELING IN FOR-
EIGN COMMERCE. 
(a) FEDERAL CRIME RELATING TO PEACE OFFI-
CERS.—Section 1121 of title 18, United States Code, is 
amended— 
(1) by redesignating subsection (c) as sub-
section (d); and 
(2) by inserting after subsection (b) the fol-
lowing new subsection: 
‘‘(c)(1) Whoever murders a peace officer engaged in, 
or on account of the performance of, the official duties 
of such officer, and moves or travels in foreign commerce 
with intent to avoid prosecution or confinement after con-
viction of that crime— 
‘‘(A) in the case of murder in the first degree, 
shall be punished by death or by imprisonment for 
life (in accordance with section 1111(b)); and
‘‘(1) The Commandant shall direct the Super-
intendent of the Academy to conduct at the Academy 
during each Academy program year an assessment to 
determine the effectiveness of the policies, training, 
and procedures of the Academy with respect to sexual 
harassment and sexual violence involving Academy 
personnel. 
‘‘(2) For the assessment at the Academy under 
paragraph (1) with respect to an Academy program 
year that begins in an odd-numbered calendar year, 
the Superintendent shall conduct a survey of Acad-
emy personnel— 
‘‘(A) to measure— 
‘‘(i) the incidence, during that pro-
gram year, of sexual harassment and sexual 
violence events, on or off the Academy res-
ervation, that have been reported to officials 
of the Academy; and 
‘‘(ii) the incidence, during that pro-
gram year, of sexual harassment and sexual 
violence events, on or off the Academy res-
ervation, that have not been reported to offi-
cials of the Academy; and 
‘‘(B) to assess the perceptions of Academy 
personnel of— 
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