datamatters24/research-document-archive huggingface dataset:
view and process applications for waivers under 
subparagraph (A). 
‘‘(3) EXAMPLES OF TYPES OF COVERAGE.—The 
benefits 
coverage 
made 
available 
through 
a 
HealthMart may include, but is not limited to, any 
of the following if it meets the other applicable re-
quirements of this title: 
‘‘(A) Coverage through a health mainte-
nance organization. 
‘‘(B) Coverage in connection with a pre-
ferred provider organization. 
‘‘(C) Coverage in connection with a li-
censed provider-sponsored organization. 
‘‘(D) Indemnity coverage through an insur-
ance company. 
‘‘(E) Coverage offered in connection with a 
contribution into a medical savings account or 
flexible spending account. 
‘‘(F) Coverage that includes a point-of- 
service option. 
‘‘(G) Any combination of such types of 
coverage. 
‘‘(4) WELLNESS BONUSES FOR HEALTH PRO-
MOTION.—Nothing in this title shall be construed as 
precluding a health insurance issuer offering health
benefits coverage through a HealthMart from estab-
lishing premium discounts or rebates for members or 
from modifying otherwise applicable copayments or 
deductibles in return for adherence to programs of 
health promotion and disease prevention so long as 
such programs are agreed to in advance by the 
HealthMart and comply with all other provisions of 
this title and do not discriminate among similarly 
situated members. 
‘‘(c) PURCHASERS; MEMBERS; HEALTH INSURANCE 
ISSUERS.— 
‘‘(1) PURCHASERS.— 
‘‘(A) IN GENERAL.—Subject to the provi-
sions of this title, a HealthMart shall permit 
any employer or any individual described in 
subsection (a)(1)(C) to contract with the 
HealthMart for the purchase of health benefits 
coverage for its employees and dependents of 
those employees or for the individual (and the 
individual’s dependents), respectively, and may 
not vary conditions of eligibility (including pre-
mium rates and membership fees) of an em-
ployer or individual to be a purchaser. 
‘‘(B) ROLE
OF
ASSOCIATIONS, BROKERS, 
AND LICENSED HEALTH INSURANCE AGENTS.—
Nothing in this section shall be construed as 
preventing an association, broker, licensed 
health insurance agent, or other entity from as-
sisting or representing a HealthMart or employ-
ers or individuals from entering into appro-
priate arrangements to carry out this title. 
‘‘(C) 
PERIOD
OF
CONTRACT.—The 
HealthMart may not require a contract under 
subparagraph (A) between a HealthMart and a 
purchaser to be effective for a period of longer 
than 24 months. The previous sentence shall 
not be construed as preventing such a contract 
from being extended for additional 24-month 
periods or preventing the purchaser from volun-
tarily electing a contract period of longer than 
24 months. 
‘‘(D) 
EXCLUSIVE
NATURE
OF
CON-
TRACT.— 
‘‘(i) IN GENERAL.—Subject to clause 
(ii), such a contract shall provide that the 
purchaser agrees not to obtain or sponsor 
health benefits coverage, on behalf of any 
eligible employees (and their dependents), 
other than through the HealthMart.
‘‘(ii) EXCEPTION IF NO COVERAGE OF-
FERED IN AREA OF RESIDENCES.—Clause 
(i) shall not apply to an eligible individual 
who resides in an area for which no cov-
erage is offered by any health insurance 
issuer through the HealthMart. 
‘‘(iii) NOTHING
PRECLUDING
INDI-
VIDUAL EMPLOYEE OPT-OUT.—Nothing in 
this subparagraph shall be construed as re-
quiring an eligible employee of a large or 
small employer that is a purchaser to ob-
tain health benefits coverage through the 
HealthMart. 
‘‘(2) MEMBERS.— 
‘‘(A) IN GENERAL.— 
‘‘(i) EMPLOYMENT
BASED
MEMBER-
SHIP.—Under rules established to carry 
out this title, with respect to an employer 
that has a purchaser contract with a 
HealthMart, individuals who are employees 
of the employer may enroll for health bene-
fits coverage (including coverage for de-
pendents of such enrolling employees) of-
fered by a health insurance issuer through 
the HealthMart.
110TH CONGRESS 
2D SESSION 
H. R. 5512 
AN ACT 
To reduce the costs of producing 1-cent and 5-cent coins, 
provide authority to the Secretary of the Treasury to 
perform research and development on new metallic con-
tent for circulating coins, and to require biennial reports 
to Congress on circulating coin production costs and 
possible alternative metallic content.
‘‘(ii) INDIVIDUALS.—Under rules es-
tablished to carry out this title, with re-
spect to an individual who has a purchaser 
contract with a HealthMart for himself or 
herself, the individual may enroll for health 
benefits coverage (including coverage for 
dependents of such individual) offered by a 
health 
insurance 
issuer 
through 
the 
HealthMart. 
‘‘(B) NONDISCRIMINATION
IN
ENROLL-
MENT.—A HealthMart may not deny enroll-
ment as a member to an individual who is an 
employee or individual (or dependent of such an 
employee or individual) eligible to be so enrolled 
based on health status-related factors, except as 
may be permitted consistent with section 
2742(b). 
‘‘(C) ANNUAL
OPEN
ENROLLMENT
PE-
RIOD.—In the case of members enrolled in 
health benefits coverage offered by a health in-
surance issuer through a HealthMart, subject 
to subparagraph (D), the HealthMart shall pro-
vide for an annual open enrollment period of 30 
days during which such members may change
the coverage option in which the members are 
enrolled. 
‘‘(D) RULES OF ELIGIBILITY.—Nothing in 
this paragraph shall preclude a HealthMart 
from establishing rules of employee or indi-
vidual eligibility for enrollment and reenroll-
ment of members during the annual open en-
rollment period under subparagraph (C). Such 
rules shall be applied consistently to all pur-
chasers and members within the HealthMart 
and shall not be based in any manner on health 
status-related factors and may not conflict with 
sections 2701 and 2702 of this Act. 
‘‘(3) HEALTH INSURANCE ISSUERS.— 
‘‘(A) PREMIUM
COLLECTION.—The con-
tract between a HealthMart and a health insur-
ance issuer shall provide, with respect to a 
member enrolled with health benefits coverage 
offered by the issuer through the HealthMart, 
for the payment of the premiums collected by 
the HealthMart (or the issuer) for such cov-
erage (less a pre-determined administrative 
charge negotiated by the HealthMart and the 
issuer) to the issuer.
‘‘(B) SCOPE OF SERVICE AREA.—Nothing 
in this title shall be construed as requiring the 
service area of a health insurance issuer with 
respect to health insurance coverage to cover 
the entire geographic area served by a 
HealthMart. 
‘‘(C) AVAILABILITY
OF
COVERAGE
OP-
TIONS.— 
‘‘(i) IN
GENERAL.—A HealthMart 
shall enter into contracts with one or more 
health insurance issuers in a manner that 
assures that at least 2 health insurance 
coverage options are made available. 
‘‘(ii) REQUIREMENT
OF
NON-NET-
WORK OPTION.—At least one of the health 
insurance coverage options made available 
under clause (i) shall be a non-network 
coverage option under which enrollees may 
obtain benefits for health care items and 
services that are not provided under a con-
tract between the provider of the service 
and the issuer involved. 
‘‘(d) PREVENTION OF CONFLICTS OF INTEREST.— 
‘‘(1) FOR BOARDS OF DIRECTORS.—A member 
of a board of directors of a HealthMart may not
‘‘(E) referral to appropriate medical care for 
any conditions needing further treatment. 
‘‘(3) POSTDEPLOYMENT MEDICAL EXAMINATIONS.—
A postdeployment medical examination shall consist of a 
self-administered survey followed by a clinical examination 
conducted by medical personnel of the Department of De-
fense. The survey and clinical examination—
‘‘(A) shall include self-reported information 
about any relevant exposures during the period of 
deployment, including witnessing or participating in 
combat and screening for post-traumatic stress dis-
order; and 
‘‘(B) shall be conducted when the member is re-
deployed or otherwise leaves an area in which the 
system is in operation (or as soon as possible there-
after).’’.
Æ
I 
109TH CONGRESS 
1ST SESSION H. R. 1983
To direct the Secretary of the Army to review a report of the Chief of 
Engineers regarding flooding in the Delaware River. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 28, 2005
Mr. FITZPATRICK of Pennsylvania (for himself, Mr. DENT, Mrs. KELLY, Mr. 
MENENDEZ, Mr. SMITH of New Jersey, Mr. HINCHEY, and Mr. HOLT) 
introduced the following bill; which was referred to the Committee on 
Transportation and Infrastructure 
A BILL 
To direct the Secretary of the Army to review a report 
of the Chief of Engineers regarding flooding in the Dela-
ware River.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
That the Secretary of the Army, acting through the Chief 
of Engineers, shall review, in consultation with the Dela-
ware River Basin Commission and the States of Delaware, 
Pennsylvania, New Jersey, and New York, the report of 
the Chief of Engineers on the Delaware River, published 
as House Document Numbered 522, 87th Congress, Sec-
ond Session, as it relates to the Mid-Delaware River Basin
from Wilmington to Port Jervis, and any other pertinent 
reports (including the strategy for resolution of interstate 
flow management issues in the Delaware River Basin 
dated August 2004 and the National Park Service Lower 
Delaware River Management Plan (1997–1999)), with a 
view to determining whether any modifications of rec-
ommendations contained in such report are advisable at 
the present time, in the interest of flood damage reduc-
tion, ecosystem restoration, and other related problems.
Æ
I 
109TH CONGRESS 
1ST SESSION H. R. 1984
To amend the Internal Revenue Code of 1986 to extend the low-income 
housing credit for certain buildings in high cost areas. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 28, 2005
Mr. GERLACH 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 extend 
the low-income housing credit for certain buildings in 
high cost areas.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. EXTENSION OF LOW-INCOME HOUSING CREDIT 
FOR CERTAIN BUILDINGS IN HIGH COST 
AREAS. 
(a) IN GENERAL.—Clause (i) of section 42(d)(5)(C) 
of the Internal Revenue Code of 1986 (relating to increase 
in credit for buildings in high cost areas) is amended to 
read as follows:
‘‘(i) IN GENERAL.—In the case of any 
building located in a qualified census tract 
or difficult development area, or in the 
case of any building that provides a com-
munity service facility and is located within 
1000 feet of a qualified census tract, which 
is designated for purposes of this subpara-
graph—
‘‘(I) in the case of a new build-
ing, the eligible basis of such building 
shall be 130 percent of such basis de-
termined without regard to this sub-
paragraph, and 
‘‘(II) in the case of an existing 
building, the rehabilitation expendi-
tures taken into account under sub-
section (e) shall be 130 percent of 
such expenditures determined without 
regard to this subparagraph.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall apply to—
(1) housing credit dollar amounts allocated 
after December 31, 2004, and 
(2) buildings placed in service after such date 
to the extent paragraph (1) of section 42(h) of the
Internal Revenue Code of 1986 does not apply to 
any building by reason of paragraph (4) thereof, but 
only with respect to bonds issued after such date.
Æ
‘‘(3) EMPLOYER; EMPLOYEE; DEPENDENT.— 
Except as the applicable Federal authority may oth-
erwise provide, the terms ‘employer’, ‘employee’, and 
‘dependent’, as applied to health insurance coverage 
offered by a health insurance issuer licensed (or oth-
erwise regulated) in a State, shall have the meanings 
applied to such terms with respect to such coverage 
under the laws of the State relating to such coverage 
and such an issuer. The term ‘dependent’ may in-
clude the spouse and children of the individual in-
volved. 
‘‘(4) HEALTH BENEFITS COVERAGE.—The term 
‘health benefits coverage’ has the meaning given the 
term group health insurance coverage in section 
2791(b)(4). 
‘‘(5) HEALTH INSURANCE ISSUER.—The term 
‘health insurance issuer’ has the meaning given such 
term in section 2791(b)(2). 
‘‘(6) HEALTH STATUS-RELATED FACTOR.—The 
term ‘health status-related factor’ has the meaning 
given such term in section 2791(d)(9). 
‘‘(7) HEALTHMART.—The term ‘HealthMart’ is 
defined in section 2901(a). 
‘‘(8) MEMBER.—The term ‘member‘‘ means, 
with respect to a HealthMart, an individual enrolled
for health benefits coverage through the HealthMart 
under section 2901(c)(2). 
‘‘(9) 
PURCHASER.—The 
term 
‘purchaser’ 
means, with respect to a HealthMart, an employer 
or individual that has contracted under section 
2901(c)(1)(A) with the HealthMart for the purchase 
of health benefits coverage.’’. 
TITLE II—HEALTH CARE ACCESS 
AND CHOICE THROUGH INDI-
VIDUAL MEMBERSHIP ASSO-
CIATIONS (IMAS) 
SEC. 201. EXPANSION OF ACCESS AND CHOICE THROUGH 
INDIVIDUAL 
MEMBERSHIP 
ASSOCIATIONS 
(IMAS). 
The Public Health Service Act, as amended by sec-
tion 101, is further amended by adding at the end the 
following new title: 
‘‘TITLE XXX—INDIVIDUAL 
MEMBERSHIP ASSOCIATIONS 
‘‘SEC. 3001. DEFINITION OF INDIVIDUAL MEMBERSHIP AS-
SOCIATION (IMA). 
‘‘(a) IN GENERAL.—For purposes of this title, the 
terms ‘individual membership association’ and ‘IMA’ 
mean a legal entity that meets the following requirements:
‘‘(1) ORGANIZATION.—The IMA is an organiza-
tion operated under the direction of an association 
(as defined in section 3004(1)). 
‘‘(2) 
OFFERING
HEALTH
BENEFITS
COV-
ERAGE.— 
‘‘(A) DIFFERENT GROUPS.—The IMA, in 
conjunction with those health insurance issuers 
that offer health benefits coverage through the 
IMA, makes available health benefits coverage 
in the manner described in subsection (b) to all 
members of the IMA and the dependents of 
such members in the manner described in sub-
section (c)(2) at rates that are established by 
the health insurance issuer on a policy or prod-
uct specific basis and that may vary only as 
permissible under State law. 
‘‘(B) NONDISCRIMINATION
IN
COVERAGE 
OFFERED.— 
‘‘(i) IN GENERAL.—Subject to clause 
(ii), the IMA may not offer health benefits 
coverage to a member of an IMA unless 
the same coverage is offered to all such 
members of the IMA. 
‘‘(ii) 
CONSTRUCTION.—Nothing 
in 
this title shall be construed as requiring or
111TH CONGRESS 
1ST SESSION H. R. 3714 
AN ACT 
To amend the Foreign Assistance Act of 1961 to include 
in the Annual Country Reports on Human Rights Prac-
tices information about freedom of the press in foreign 
countries, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
(3) CLERICAL AMENDMENT.—The table of sec-
tions for such part I is amended by adding at the 
end the following new item:
‘‘Sec. 1302. Averaging of whistleblower lost income.’’.
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect as if included in the amend-
ments made by section 1605 of the Small Business Job 
Protection Act of 1996. 
(d) WAIVER OF STATUTE OF LIMITATIONS.—If re-
fund or credit of any overpayment of tax resulting from 
the amendment made by subsection (a) or (b) is prevented 
at any time before the close of the 1-year period beginning 
on the date of the enactment of this Act by the operation 
of any law or rule of law (including res judicata), refund 
or credit of such overpayment (to the extent attributable 
to such amendment) may, nevertheless, be made or al-
lowed if claim therefor is filed before the close of such 
1-year period.
Æ
to Rico, the Virgin Islands, Guam, American Samoa, and 
the Northern Mariana Islands. 
TITLE IV—AFFORDABLE HEALTH 
COVERAGE FOR EMPLOYEES 
OF SMALL BUSINESSES 
SEC. 401. SHORT TITLE OF TITLE. 
This title may be cited as the ‘‘Small Business Access 
and Choice for Entrepreneurs Act of 2005’’. 
SEC. 402. RULES. 
(a) IN GENERAL.—Subtitle B of title I of the Em-
ployee Retirement Income Security Act of 1974 is amend-
ed by adding after part 7 the following new part: 
‘‘PART 8—RULES GOVERNING ASSOCIATION 
HEALTH PLANS 
‘‘SEC. 801. ASSOCIATION HEALTH PLANS. 
‘‘(a) IN GENERAL.—For purposes of this part, the 
term ‘association health plan’ means a group health 
plan— 
‘‘(1) whose sponsor is (or is deemed under this 
part to be) described in subsection (b); and 
‘‘(2) under which at least one option of health 
insurance coverage offered by a health insurance 
issuer (which may include, among other options, 
managed care options, point of service options, and 
preferred provider options) is provided to partici-
I 
109TH CONGRESS 
1ST SESSION H. R. 1987 
To amend the Public Health Service Act to provide for an increase in 
the number of political subdivisions directly receiving awards under the 
program for improving State and local preparedness for bioterrorism 
and other public health emergencies. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 28, 2005 
Mr. GENE GREEN of Texas introduced the following bill; which was referred 
to the Committee on Energy and Commerce 
A BILL 
To amend the Public Health Service Act to provide for 
an increase in the number of political subdivisions di-
rectly receiving awards under the program for improving 
State and local preparedness for bioterrorism and other 
public health emergencies. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. INCREASE IN NUMBER OF POLITICAL SUBDIVI-
SIONS DIRECTLY RECEIVING AWARDS UNDER 
PROGRAM 
FOR 
IMPROVING 
STATE 
AND 
LOCAL PREPAREDNESS FOR BIOTERRORISM 
AND OTHER PUBLIC HEALTH EMERGENCIES. 
Section 319C–1(b)(2) of the Public Health Service 
Act (42 U.S.C. 247d–3a(b)(2)) is amended— 
(1) by striking ‘‘COORDINATION’’ and all that 
follows through ‘‘An award’’ and inserting the fol-
lowing: 
‘‘(2) CERTAIN PROVISIONS REGARDING POLIT-
ICAL SUBDIVISIONS.— 
‘‘(A) COORDINATION
WITH
STATEWIDE 
PLANS.—An award’’; and 
(2) by adding at the end the following: 
‘‘(B) INCREASE
IN
NUMBER
OF
DIRECT 
AWARDS.—The Secretary may increase, relative 
to fiscal year 2005, the number of political sub-
divisions or consortia that receive awards pur-
suant to paragraph (1)(B), with priority given 
to political subdivisions that have a substantial 
number of residents and face a high degree of 
risk from bioterrorist attacks or other public 
health emergencies.’’. 
Æ
SEC. 3. ARTICULATION AGREEMENT PROGRAM. 
Part G of title IV of the Higher Education Act of 
1965 is amended by inserting after section 486 (20 U.S.C. 
1093) the following new section: 
‘‘SEC. 486A. ARTICULATION AGREEMENT PROGRAM. 
‘‘(a) PURPOSE; DEFINITION.—
‘‘(1) PURPOSE.—The purpose of this section is 
to strengthen and expand scientific and technological 
education capabilities of associate-degree-granting 
public institutions of higher education through the 
establishment of partnership arrangements with 
bachelor-degree-granting public institutions of higher 
education. 
‘‘(2) DEFINITION.—For the purposes of this 
section, the term ‘articulation agreement’ means an 
agreement between institutions of higher education 
that specifies the acceptability of courses in transfer 
toward meeting specific degree requirements. 
‘‘(b) PROGRAM AUTHORIZED.—
‘‘(1) GRANTS TO PUBLIC INSTITUTIONS.—From 
the sums appropriated under subsection (g), the Sec-
retary shall award grants under this section to pub-
lic institutions of higher education for the support of 
programs to establish and implement statewide ar-
ticulation agreements in accordance with subsection 
(d).
I 
109TH CONGRESS 
1ST SESSION H. R. 1988
To amend section 1369 of title 18, United States Code, to extend Federal 
jurisdiction over destruction of veterans’ memorials on State or local 
government property. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 28, 2005
Mr. GENE GREEN of Texas introduced the following bill; which was referred 
to the Committee on the Judiciary 
A BILL 
To amend section 1369 of title 18, United States Code, 
to extend Federal jurisdiction over destruction of vet-
erans’ memorials on State or local government property.
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 Veterans 
Memorials Act of 2005’’. 
SEC. 2. FINDINGS. 
Congress finds that—
(1) crimes against United States military vet-
erans’ memorials on public property dishonor all
American servicemen and women and their sacrifices 
for the Nation’s defense; and 
(2) Federal prosecution of crimes against such 
veterans’ memorials on public property is in the na-
tional interest of honoring the Nation’s military vet-
erans. 
SEC. 3. FEDERAL JURISDICTION OVER DESTRUCTION OF 
VETERANS’ MEMORIALS ON STATE OR LOCAL 
GOVERNMENT PROPERTY. 
Section 1369(b)(2) of title 18, United States Code, 
is amended by inserting ‘‘, or a State or local government’’ 
after ‘‘Federal Government’’.
Æ
shall be construed to preclude an association health 
plan, or a health insurance issuer offering health in-
surance coverage in connection with an association 
health plan, from exercising its sole discretion in se-
lecting the specific items and services consisting of 
medical care to be included as benefits under such 
plan or coverage, except (subject to section 514) in 
the case of any law to the extent that it (1) prohibits 
an exclusion of a specific disease from such cov-
erage, or (2) is not preempted under section 
731(a)(1) with respect to matters governed by sec-
tion 711 or 712. 
‘‘SEC. 806. MAINTENANCE OF RESERVES AND PROVISIONS 
FOR 
SOLVENCY 
FOR 
PLANS 
PROVIDING 
HEALTH BENEFITS IN ADDITION TO HEALTH 
INSURANCE COVERAGE. 
‘‘(a) IN GENERAL.—The requirements of this section 
are met with respect to an association health plan if— 
‘‘(1) the benefits under the plan consist solely 
of health insurance coverage; or 
‘‘(2) if the plan provides any additional benefit 
options which do not consist of health insurance cov-
erage, the plan— 
‘‘(A) establishes and maintains reserves 
with respect to such additional benefit options,
in amounts recommended by the qualified actu-
ary, consisting of— 
‘‘(i) a reserve sufficient for unearned 
contributions; 
‘‘(ii) a reserve sufficient for benefit li-
abilities which have been incurred, which 
have not been satisfied, and for which risk 
of loss has not yet been transferred, and 
for expected administrative costs with re-
spect to such benefit liabilities; 
‘‘(iii) a reserve sufficient for any other 
obligations of the plan; and 
‘‘(iv) a reserve sufficient for a margin 
of error and other fluctuations, taking into 
account the specific circumstances of the 
plan; and 
‘‘(B) establishes and maintains aggregate 
and specific excess /stop loss insurance and sol-
vency indemnification, with respect to such ad-
ditional benefit options for which risk of loss 
has not yet been transferred, as follows: 
‘‘(i) The plan shall secure aggregate 
excess /stop loss insurance for the plan 
with an attachment point which is not 
greater than 125 percent of expected gross
annual claims. The applicable authority 
may by regulation, through negotiated 
rulemaking, provide for upward adjust-
ments in the amount of such percentage in 
specified circumstances in which the plan 
specifically provides for and maintains re-
serves in excess of the amounts required 
under subparagraph (A). 
‘‘(ii) The plan shall secure specific ex-
cess /stop loss insurance for the plan with 
an attachment point which is at least equal 
to an amount recommended by the plan’s 
qualified actuary (but not more than 
$175,000). The applicable authority may 
by regulation, through negotiated rule-
making, provide for adjustments in the 
amount of such insurance in specified cir-
cumstances in which the plan specifically 
provides for and maintains reserves in ex-
cess of the amounts required under sub-
paragraph (A). 
‘‘(iii) The plan shall secure indem-
nification insurance for any claims which 
the plan is unable to satisfy by reason of 
a plan termination.