datamatters24/research-document-archive huggingface dataset:
100 
HR 3920 RFS
‘‘(B) provides that, in the case of an individual 
who would not otherwise be eligible for unemploy-
ment compensation under the State law because of 
the use of a base period that does not include the 
most recently completed calendar quarter before the 
start of the benefit year, eligibility shall be deter-
mined using a base period that includes such cal-
endar quarter. 
‘‘(3) The State law of a State meets the requirements 
of this paragraph if such State law includes provisions to 
carry out at least 2 of the following subparagraphs: 
‘‘(A) An individual shall not be denied regular 
unemployment compensation under any State law 
provisions relating to availability for work, active 
search for work, or refusal to accept work, solely be-
cause such individual is seeking only part-time (and 
not full-time) work, except that the State law provi-
sions carrying out this subparagraph may exclude an 
individual if a majority of the weeks of work in such 
individual’s base period do not include part-time 
work. 
‘‘(B) An individual shall not be disqualified 
from regular unemployment compensation for sepa-
rating from employment if that separation is for 
compelling family reasons. For purposes of this sub-
VerDate Aug 31 2005 
23:49 Nov 05, 2007
Jkt 059200
PO 00000
Frm 00100
Fmt 6652
Sfmt 6201
E:\BILLS\H3920.RFS
H3920
hmoore on PRODPC68 with HMBILLS
I 
109TH CONGRESS 
1ST SESSION H. R. 3762 
To require higher standards of automobile fuel efficiency in order to reduce 
the amount of oil used for fuel by automobiles in the United States 
by 10 percent beginning in 2016, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 14, 2005 
Mr. BOEHLERT (for himself, Mr. MARKEY, Mr. PLATTS, Mr. LEWIS of Geor-
gia, Mr. KIRK, Mr. MENENDEZ, Mr. GILCHREST, Ms. ESHOO, Mr. BART-
LETT of Maryland, Mr. MILLER of North Carolina, Mr. LEACH, Mr. 
OLVER, Mr. SHAYS, Mr. CARDOZA, Mr. GERLACH, Ms. SOLIS, Mrs. 
JOHNSON of Connecticut, Mrs. CAPPS, Mr. LAHOOD, Mr. HINCHEY, Mr. 
JOHNSON of Illinois, Mr. PALLONE, and Mr. LOBIONDO) introduced the 
following bill; which was referred to the Committee on Energy and Com-
merce 
A BILL 
To require higher standards of automobile fuel efficiency 
in order to reduce the amount of oil used for fuel by 
automobiles in the United States by 10 percent beginning 
in 2016, 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. AVERAGE FUEL ECONOMY STANDARDS. 
(a) IN GENERAL.—Section 32902 of title 49, United 
States Code, is amended—
(1) in subsection (c)— 
(A) by striking ‘‘(1) Subject to paragraph 
(2) of this subsection, the’’ and inserting 
‘‘The’’; and 
(B) by striking paragraph (2); and 
(2) by redesignating subsections (i) and (j) in 
order as subsections (k) and (l), and by inserting 
after subsection (h) the following: 
‘‘(i) STANDARDS FOR MODEL YEARS AFTER 2008.— 
The Secretary of Transportation shall prescribe by regula-
tion average fuel economy standards for automobiles man-
ufactured by a manufacturer in model years after model 
year 2008, that shall— 
‘‘(1) ensure that the average fuel economy 
achieved by automobiles (including passenger auto-
mobiles) manufactured by a manufacturer in model 
years after 2015 is no less than 33 miles per gallon; 
‘‘(2) ensure that improvements to fuel economy 
standards do not degrade the safety of automobiles 
manufactured by a manufacturer; and 
‘‘(3) maximize the retention of jobs in the auto-
mobile manufacturing sector of the United States. 
‘‘(j) SIZED-BASED STANDARDS.—The Secretary may 
establish separate standards for different classes of auto-
‘‘(K) be subject to the prohibition on buy 
outs of or by the incumbent cable operator 
under section 652; and 
‘‘(L) not be subject to any other provisions 
of title VI of this Act. 
‘‘(2) DETERMINATIONS OF LOCAL SIGNALS.— 
For purposes of complying with paragraphs (1) (C) 
and (D), a competitive video service provider shall 
treat as local television stations with respect to a 
customer located within the jurisdiction of any fran-
chising authority the same stations that are treated 
as local television stations for a cable system located 
within such jurisdiction. 
‘‘(d) OTHER REGULATION PROHIBITED.—Except to 
the extent expressly provided in this title, neither the Com-
mission nor any State or political subdivision thereof may 
regulate the rates, charges, terms, or conditions for, entry 
into, exit from, deployment or provision of, or any other 
aspect of the services provided by a competitive video serv-
ices provider. 
‘‘(e) STATE
AND LOCAL GOVERNMENT AUTHOR-
ITY.—Except as provided in subsection (a), nothing in this 
section affects the authority of a State or local government 
to manage the public rights-of-way.’’.
SEC. 3. REGULATION OF COMMON CARRIERS. 
Section 651(a)(3) of the Communications Act of 
1934 (47 U.S.C. 571(a)(3)) is amended—
(1) by striking ‘‘or’’ at the end of subparagraph 
(A); 
(2) by striking the period at the end of sub-
paragraph (B) and inserting ‘‘; or’’; and 
(3) by adding at the end the following new sub-
paragraph: 
‘‘(C) if such carrier is a competitive video 
services provider providing video programming 
pursuant to title VIII of this Act, such carrier 
shall not be subject to the requirements of this 
title except as provided in title VIII.’’.
Æ
mobiles (including passenger automobiles) according to 
size.’’. 
(b) CONFORMING AMENDMENTS.—Such section is 
further amended— 
(1) in subsection (c)(1) in the first sentence by 
inserting ‘‘and subsection (i)’’ after ‘‘of this sub-
section’’; and 
(2) in subsection (k) (as redesignated by sub-
section (a)) by striking ‘‘or (g)’’ and inserting ‘‘(g), 
or (i)’’. 
SEC. 2. FUEL ECONOMY CREDIT TRADING PROGRAM. 
Section 32903 of title 49, United States Code, is 
amended by adding at the end the following new sub-
section: 
‘‘(g) CREDIT TRADING AMONG MANUFACTURERS.— 
The Secretary may establish by regulation a corporate av-
erage fuel economy credit trading program to allow a man-
ufacturer that exceeds the fuel economy standards it is 
required to meet to sell credits to another manufacturer.’’. 
Æ
HR 3893 RFS 
(3) an examination of the effects of increased 
gasoline prices and gasoline price-gouging on eco-
nomic activity in the United States; 
(4) an analysis of the overall cost of increased 
gasoline prices and gasoline price-gouging to the 
economy, including the impact on consumers’ pur-
chasing power in both declared State and National 
disaster areas and elsewhere; and 
(5) an analysis of the role and overall cost of 
credit card interchange rates on gasoline and diesel 
fuel retail prices. 
(b) SUBJECT COMPANIES.—The companies subject to 
the investigation required by this section shall be— 
(1) any company with total United States 
wholesale sales of gasoline and petroleum distillates 
for calendar year 2004 in excess of $500,000,000; 
and 
(2) any retail distributor of gasoline and petro-
leum distillates against which multiple formal com-
plaints (that identify the location of the particular 
retail distributor and provide contact information for 
the complainant) of price-gouging were filed in Au-
gust or September 2005, with a Federal or State 
consumer protection agency.
HR 3893 RFS 
(c) EVIDENCE OF PRICE-GOUGING.—In conducting 
its investigation, the Commission shall treat as evidence 
of price-gouging any finding that the average price of gas-
oline available for sale to the public in September, 2005, 
or thereafter in a market area located in an area des-
ignated as a State or National disaster area because of 
Hurricane Katrina, or in any other area where price- 
gouging complaints have been filed because of Hurricane 
Katrina with a Federal or State consumer protection 
agency, exceeded the average price of such gasoline in that 
area for the month of August, 2005, unless the Commis-
sion finds substantial evidence that the increase is sub-
stantially attributable to additional costs in connection 
with the production, transportation, delivery, and sale of 
gasoline in that area or to national or international market 
trends. 
(d) REPORTS.— 
(1) NOTIFICATION
TO
STATE
AGENCIES.—In 
any areas of markets in which the Commission de-
termines price increases are due to factors other 
than the additional costs, it shall also notify the ap-
propriate State agency of its findings. 
(2) PROGRESS AND FINAL REPORTS TO CON-
GRESS.—The Commission shall provide information 
on the progress of the investigation to the Appro-
I 
109TH CONGRESS 
1ST SESSION H. R. 3147 
To amend title 38, United States Code, to improve the Veterans Beneficiary 
Travel Program of the Department of Veterans Affairs. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 30, 2005 
Ms. GINNY BROWN-WAITE of Florida (for herself, Mr. GREEN of Wisconsin, 
Mr. OWENS, Mr. FOLEY, Ms. HARRIS, Mr. FITZPATRICK of Pennsylvania, 
and Mr. JONES of North Carolina) introduced the following bill; which 
was referred to the Committee on Veterans’ Affairs 
A BILL 
To amend title 38, United States Code, to improve the 
Veterans Beneficiary Travel Program of the Department 
of Veterans Affairs. 
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 ‘‘Veterans Road to 
Health Care Act of 2005’’. 
SEC. 2. IMPROVEMENT OF VETERANS BENEFICIARY TRAV-
EL PROGRAM. 
(a) PAYMENTS FOR CERTAIN ADDITIONAL MEDICAL 
CARE.—
(1) IN
GENERAL.—Section 111(b)(1) of title 
38, United States Code, is amended by adding at 
the end the following: 
‘‘(G) A veteran whose travel is in connection 
with treatment or care for a non-service-connected 
disability at a non-Department facility, if the treat-
ment or care— 
‘‘(i) is provided upon the recommendation 
of medical personnel of a Department medical 
center or clinic; and 
‘‘(ii) is not available at the Department 
medical center or clinic at which such rec-
ommendation is made.’’. 
(2) EFFECTIVE
DATE.—Subparagraph (G) of 
section 111(b)(1) of title 38, United States Code, as 
added by paragraph (1), shall apply only with re-
spect to travel performed on or after the later of— 
(A) October 1, 2005; or 
(B) the date of the enactment of this Act. 
(b) CALCULATION OF EXPENSES OF TRAVEL.— 
(1) IN GENERAL.—Notwithstanding any other 
provision of law, in calculating expenses of travel for 
purposes of the Veterans Beneficiary Travel Pro-
gram, the Secretary of Veterans Affairs shall use the 
mileage reimbursement rates for the use of privately
owned vehicles by Government employees on official 
business, as prescribed by the Administrator of Gen-
eral Services under section 5707(b) of title 5, United 
States Code. 
(2) DEFINITION.—In this subsection, the term 
‘‘Veterans Beneficiary Travel Program’’ means the 
program of payment or reimbursement for necessary 
expenses of travel of veterans and their beneficiaries 
prescribed under sections 111 and 1728 of title 38, 
United States Code, and under any other provision 
of law administered by the Secretary of Veterans Af-
fairs for payment or reimbursement for such ex-
penses of travel. 
Æ
I 
109TH CONGRESS 
1ST SESSION H. R. 3149
To withdraw the Los Padres National Forest in California from location, 
entry, and patent under mining laws, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 30, 2005
Mrs. CAPPS (for herself and Mr. FARR) introduced the following bill; which 
was referred to the Committee on Resources 
A BILL 
To withdraw the Los Padres National Forest in California 
from location, entry, and patent under mining laws, 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. WITHDRAWAL OF LOS PADRES NATIONAL FOR-
EST, CALIFORNIA, FROM MINING LAWS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Los Padres National Forest Conservation Act’’. 
(b) WITHDRAWAL.—Subject to valid existing rights, 
the Los Padres National Forest in California is hereby 
withdrawn from—
(1) all forms of entry, appropriation, and dis-
posal under the public land laws; 
(2) location, entry, and patent under the mining 
laws; and 
(3) operation of the mineral leasing, mineral 
materials, and geothermal leasing laws.
Æ
(3) submit to the President and Congress such 
reports as are required by this Act containing such 
findings, conclusions, and recommendations as the 
Commission shall determine, including proposing or-
ganization, coordination, planning, management ar-
rangements, procedures, rules, and regulations. 
SEC. 5. POWERS OF COMMISSION. 
(a) IN GENERAL.— 
(1) HEARINGS AND EVIDENCE.—The Commis-
sion or, on the authority of the Commission, any 
subcommittee or member thereof, may, for the pur-
pose of carrying out this Act— 
(A) hold such hearings and sit and act at 
such times and places, take such testimony, re-
ceive such evidence, administer such oaths; and 
(B) subject to paragraph (2)(A), require, 
by subpoena or otherwise, the attendance and 
testimony of such witnesses and the production 
of such books, records, correspondence, memo-
randa, papers, and documents, as the Commis-
sion or such designated subcommittee or des-
ignated member may determine advisable. 
(2) SUBPOENAS.— 
(A) ISSUANCE.—
I 
109TH CONGRESS 
1ST SESSION H. R. 3150 
To amend section 276 of the Immigration and Nationality Act to impose 
mandatory sentencing ranges with respect to aliens who reenter the 
United States after having been removed, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 30, 2005 
Mr. ISSA (for himself, Mr. SMITH of Texas, and Mr. DREIER) introduced the 
following bill; which was referred to the Committee on the Judiciary 
A BILL 
To amend section 276 of the Immigration and Nationality 
Act to impose mandatory sentencing ranges with respect 
to aliens who reenter the United States after having 
been removed, 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. SHORT TITLE. 
This Act may be cited as the ‘‘Criminal Alien Ac-
countability Act’’. 
SEC. 2. MANDATORY SENTENCING RANGES RELATED TO 
REENTRY BY REMOVED ALIEN. 
(a) FINDINGS.—The Congress finds as follows:
(1) The security of the United States is depend-
ent on the Nation’s ability to regulate the immigra-
tion of aliens into the United States. 
(2) Removal from the United States of certain 
criminal aliens is necessary, and the unauthorized 
reentry of those aliens constitutes a threat to the 
people of the United States. 
(3) The Congress should deter such reentry by 
specifying mandatory sentencing ranges for these 
crimes. 
(b) MANDATORY SENTENCING RANGES FOR REEN-
TERING ALIENS.—Section 276 of the Immigration and 
Nationality Act (8 U.S.C. 1326) is amended— 
(1) in subsection (a), in the matter following 
paragraph (2), by striking ‘‘imprisoned not more 
than 2 years,’’ and insert ‘‘imprisoned for a term of 
not less than 1 year and not more than 2 years,’’; 
and 
(2) in subsection (b)— 
(A) in paragraph (1), by striking ‘‘impris-
oned not more than 10 years,’’ and insert ‘‘im-
prisoned for a term of not less than 5 years and 
not more than 10 years,’’; 
(B) in paragraph (2), by striking ‘‘impris-
oned not more than 20 years,’’ and insert ‘‘im-
prisoned for a term of not less than 10 years 
and not more than 20 years,’’; and 
(C) in paragraph (4), by striking ‘‘impris-
oned for not more than 10 years,’’ and insert 
‘‘imprisoned for a term of not less than 5 years 
and not more than 10 years,’’. 
(c) MANDATORY SENTENCING RANGES FOR PERSONS 
AIDING OR ASSISTING CERTAIN REENTERING ALIENS.— 
Section 277 of the Immigration and Nationality Act (8 
U.S.C. 1327) is amended— 
(1) by striking ‘‘Any person’’ and inserting ‘‘(a) 
Subject to subsection (b), any person’’; and 
(2) by adding at the end the following: 
‘‘(b)(1) Any person who knowingly aids or assists any 
alien violating section 276(b) to reenter the United States, 
or who connives or conspires with any person or persons 
to allow, procure, or permit any such alien to reenter the 
United States, shall be fined under title 18, United States 
Code, or imprisoned for a term imposed under paragraph 
(2), or both. 
‘‘(2) The term of imprisonment imposed under para-
graph (1) shall be within the range to which the reentering 
alien is subject under section 276(b).’’. 
Æ
(i) IN GENERAL.—A subpoena may be 
issued under this subsection only— 
(I) by the agreement of the 
chairman and the vice chairman; or 
(II) by the affirmative vote of 6 
members of the Commission. 
(ii) SIGNATURE.—Subject to clause 
(i), subpoenas issued under this subsection 
may be issued under the signature of the 
chairman or any member designated by a 
majority of the Commission, and may be 
served by any person designated by the 
chairman or by a member designated by a 
majority of the Commission. 
(B) ENFORCEMENT.— 
(i) IN GENERAL.—In the case of con-
tumacy or failure to obey a subpoena 
issued under subsection (a), the United 
States district court for the judicial district 
in which the subpoenaed person resides, is 
served, or may be found, or where the sub-
poena is returnable, may issue an order re-
quiring such person to appear at any des-
ignated place to testify or to produce docu-
mentary or other evidence. Any failure to
I 
109TH CONGRESS 
1ST SESSION H. R. 3151
To amend part D of title XVIII of the Social Security Act to remove 
the exclusion of benzodiazepines from required coverage under the Medi-
care prescription drug program. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 30, 2005
Mr. CARDIN (for himself and Mr. RAMSTAD) introduced the following bill; 
which was referred to the Committee on Energy and Commerce, and in 
addition to the Committee on Ways and Means, for a period to be subse-
quently 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 part D of title XVIII of the Social Security 
Act to remove the exclusion of benzodiazepines from 
required coverage under the Medicare prescription drug 
program.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 
1. 
REMOVAL 
OF 
EXCLUSION 
OF 
BENZODIAZEPINES FROM REQUIRED COV-
ERAGE UNDER THE MEDICARE PRESCRIP-
TION DRUG PROGRAM. 
(a) IN GENERAL.—Section 1860D–2(e)(2) of the So-
cial Security Act (42 U.S.C. 1395w–102(e)(2)) is amend-
ed—
(1) by striking ‘‘subparagraph (E)’’ and insert-
ing ‘‘subparagraphs (E) and (J)’’; and 
(2) by inserting ‘‘and benzodiazepines’’ after 
‘‘smoking cessation agents’’. 
(b) REVIEW
OF BENZODIAZEPINE PRESCRIPTION 
POLICIES TO ASSURE APPROPRIATENESS AND TO AVOID 
ABUSE.—The Secretary of Health and Human Services 
shall review the policies of medicare prescription drug 
plans (and MA–PD plans) under parts C and D of title 
XVIII of the Social Security Act regarding the filling of 
prescriptions for benzodiazepine to ensure that these poli-
cies are consistent with accepted clinical guidelines, are 
appropriate to individual health histories, and are de-
signed to minimize long term use, guard against over-pre-
scribing, and prevent patient abuse. 
(c) DEVELOPMENT
BY MEDICARE QUALITY IM-
PROVEMENT ORGANIZATIONS OF EDUCATIONAL GUIDE-
LINES
FOR PHYSICIANS REGARDING PRESCRIBING
OF 
BENZODIAZEPINES.—The 
Secretary 
of 
Health 
and
Human Services shall provide, in contracts entered into 
with medicare quality improvement organizations under 
part B of title XI of the Social Security Act, for the devel-
opment by such organizations of appropriate educational 
guidelines for physicians regarding the prescribing of 
benzodiazepines. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall be effective as if included in the enact-
ment of the Medicare Prescription Drug, Improvement, 
and Modernization Act of 2003 (Public Law 108–173).
Æ
obey the order of the court may be pun-
ished by the court as a contempt of that 
court. 
(ii) ADDITIONAL ENFORCEMENT.—In 
the case of any failure of any witness to 
comply with any subpoena or to testify 
when summoned under authority of this 
section, the Commission may, by majority 
vote, certify a statement of fact consti-
tuting such failure to the appropriate 
United States attorney, who may bring the 
matter before the grand jury for its action, 
under the same statutory authority and 
procedures as if the United States attorney 
had received a certification under sections 
102 through 104 of the Revised Statutes 
of the United States (2 U.S.C. 192 
through 194). 
(b) CONTRACTING.—The Commission may, to such 
extent and in such amounts as are provided in appropria-
tion Acts, enter into contracts to enable the Commission 
to discharge its duties under this Act. 
(c) INFORMATION FROM FEDERAL AGENCIES.— 
(1) IN GENERAL.—The Commission is author-
ized to secure directly from any executive depart-
ment, bureau, agency, board, commission, office, 
independent establishment, or instrumentality of the 
Government, information, suggestions, estimates, 
and statistics for the purposes of this Act. Each de-
partment, bureau, agency, board, commission, office, 
independent establishment, or instrumentality shall, 
to the extent authorized by law, furnish such infor-
mation, suggestions, estimates, and statistics di-
rectly to the Commission, upon request made by the 
chairman, the chairman of any subcommittee cre-
ated by a majority of the Commission, or any mem-
ber designated by a majority of the Commission. 
(2) RECEIPT, HANDLING, STORAGE, AND DIS-
SEMINATION.—Information shall only be received, 
handled, stored, and disseminated by members of 
the Commission and its staff consistent with all ap-
plicable statutes, regulations, and Executive orders. 
(d) ASSISTANCE FROM FEDERAL AGENCIES.— 
(1) GENERAL
SERVICES
ADMINISTRATION.— 
The Administrator of General Services shall provide 
to the Commission on a reimbursable basis adminis-
trative support and other services for the perform-
ance of the Commission’s functions. 
(2) OTHER DEPARTMENTS AND AGENCIES.—In 
addition to the assistance prescribed in paragraph
HR 3893 RFS 
priations Committees of the House of Representa-
tives and the Senate, the Committee on Energy and 
Commerce of the House of Representatives, and the 
Committee on Commerce, Science, and Transpor-
tation of the Senate, every 30 days after the date of 
enactment of this Act. The Commission shall provide 
those Committees a written interim report 90 days 
after such date, and shall transmit a final report to 
those Committees, together with its findings and 
recommendations, no later than 180 days after the 
date of enactment of this Act. Such reports shall in-
clude recommendations, based on its findings, for 
any legislation necessary to protect consumers from 
gasoline price-gouging in both State and National 
disaster areas and elsewhere. 
(e) EVIDENCE OF CRIMINAL MISCONDUCT.—If, dur-
ing the investigation required by this section, the Commis-
sion obtains evidence that a person may have violated a 
criminal law, the Commission may transmit that evidence 
to appropriate Federal or State authorities. 
SEC. 404. FTC STUDY OF PETROLEUM PRICES ON EX-
CHANGE. 
Not later than 180 days after the date of enactment 
of this Act, the Federal Trade Commission shall transmit 
to Congress a report on the price of refined petroleum