datamatters24/research-document-archive huggingface dataset:
IA 
109TH CONGRESS 
1ST SESSION 
H. J. RES. 36
Proposing an amendment to the Constitution of the United States to abolish 
the Electoral College and provide for the direct election of the President 
and Vice President by the popular vote of all citizens of the United 
States regardless of place of residence. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 2, 2005
Mr. JACKSON of Illinois (for himself and Mr. FRANK of Massachusetts) intro-
duced the following joint resolution; which was referred to the Committee 
on the Judiciary 
JOINT RESOLUTION 
Proposing an amendment to the Constitution of the United 
States to abolish the Electoral College and provide for 
the direct election of the President and Vice President 
by the popular vote of all citizens of the United States 
regardless of place of residence.
Resolved by the Senate and House of Representatives 
of the United States of America in Congress assembled
(two-thirds of each House concurring therein), That the fol-
lowing article is proposed as an amendment to the Con-
stitution of the United States, which shall be valid to all 
intents and purposes as part of the Constitution when
•HJ 36 IH 
ratified by the legislatures of three-fourths of the several 
States: 
‘‘ARTICLE —
‘‘SECTION 1. The President and Vice President shall 
be elected jointly by the direct vote of the citizens of the 
United States, without regard to whether the citizens are 
residents of a State. 
‘‘SECTION 2. The persons having the greatest number 
of votes for President and Vice President shall be elected, 
so long as such persons have a majority of the votes cast. 
‘‘SECTION 3. Congress shall have the power to en-
force and implement this article by appropriate legislation. 
‘‘SECTION 4. This article shall apply with respect to 
any election for President and Vice President held after 
the expiration of the 1-year period which begins on the 
date of the ratification of this article.’’.
Æ
102 
over such period, the use of factors described in 
paragraph (1) in a manner so that the adjustment 
factor for a State is based on a blend of such factors 
and a factor that reflects the relative actual average 
per capita costs of health services of the different 
States as of the time of enactment of this Act. 
(5) PERIODIC
ADJUSTMENT.—In establishing 
the national health security budget before the begin-
ning of each year, the Board shall provide for appro-
priate adjustments in the State adjustment factors 
under this subsection. 
(d) ADJUSTMENTS FOR RISK GROUP CLASSIFICA-
TION.— 
(1) IN GENERAL.—The Board shall develop an 
adjustment factor to the national average per capita 
costs computed under subsection (b) for individuals 
classified in each risk group (as designated under 
paragraph (2)) to reflect the difference between the 
average national average per capita costs and the 
national average per capita cost for individuals clas-
sified in the risk group. 
(2) RISK GROUPS.—The Board shall designate 
a series of risk groups, determined by age, health in-
dicators, and other factors that represent distinct 
patterns of health care services utilization and costs.
103 
(3) PERIODIC
ADJUSTMENT.—In establishing 
the national health security budget before the begin-
ning of each year, the Board shall provide for appro-
priate adjustments in the risk adjustment factors 
under this subsection. 
SEC. 603. STATE HEALTH SECURITY BUDGETS. 
(a) ESTABLISHMENT AND SUBMISSION OF BUDG-
ETS.— 
(1) IN GENERAL.—Each State health security 
program shall establish and submit to the Board for 
each year a proposed and a final State health secu-
rity budget, which specifies the following: 
(A) The total expenditures (including ex-
penditures for administrative costs) to be made 
under the program in the State for covered 
health care services under this Act, consistent 
with subsection (b), broken down as follows: 
(i) By the 4 components (described in 
section 601(a)(2)), consistent with sub-
section (b). 
(ii) Within the operating component— 
(I) expenditures for operating 
costs of hospitals and other facility- 
based services in the State;
584 
clauses (iv) and (v), respectively, and by inserting 
after clause (ii) the following new clause: 
‘‘(iii) EXCEPTION FOR CERTAIN HOUS-
ING BONDS.—For purposes of clause (i), the 
term ‘private activity bond’ shall not in-
clude any bond issued after the date of the 
enactment of this clause if such bond is— 
‘‘(I) an exempt facility bond 
issued as part of an issue 95 percent or 
more of the net proceeds of which are 
to be used to provide qualified residen-
tial rental projects (as defined in sec-
tion 142(d)), 
‘‘(II) a qualified mortgage bond 
(as defined in section 143(a)), or 
‘‘(III) a qualified veterans’ mort-
gage bond (as defined in section 
143(b)). 
The preceding sentence shall not apply to 
any refunding bond unless such preceding 
sentence applied to the refunded bond (or in 
the case of a series of refundings, the origi-
nal bond).’’. 
(2) NO
ADJUSTMENT
TO
ADJUSTED
CURRENT 
EARNINGS.—Subparagraph (B) of section 56(g)(4) is
104 
(II) expenditures for payment to 
comprehensive health service organiza-
tions; 
(III) expenditures for payment of 
services provided by health care prac-
titioners; and 
(IV) expenditures for other cov-
ered items and services. 
Amounts included in the operating compo-
nent include amounts that may be used by 
providers for capital expenditures. 
(B) The total revenues required to meet 
the State health security expenditures. 
(2) PROPOSED BUDGET DEADLINE.—The pro-
posed budget for a year shall be submitted under 
paragraph (1) not later than June 1 before the year. 
(3) FINAL BUDGET.—The final budget for a 
year shall— 
(A) be established and submitted under 
paragraph (1) not later than October 1 before 
the year, and 
(B) take into account the amounts estab-
lished under the national health security budget 
under section 601 for the year.
105 
(4) 
ADJUSTMENT
IN
ALLOCATIONS
PER-
MITTED.— 
(A) IN
GENERAL.—Subject to subpara-
graphs (B) and (C), in the case of a final budg-
et, a State may change the allocation of 
amounts among components. 
(B) NOTICE.—No such change may be 
made unless the State has provided prior notice 
of the change to the Board. 
(C) DENIAL.—Such a change may not be 
made if the Board, within such time period as 
the Board specifies, disapproves such change. 
(b) EXPENDITURE LIMITS.— 
(1) IN GENERAL.—The total expenditures speci-
fied in each State health security budget under sub-
section (a)(1) shall take into account Federal con-
tributions made under section 604. 
(2) LIMIT ON CLAIMS PROCESSING AND BILL-
ING
EXPENDITURES.—Each State health security 
budget shall provide that State administrative ex-
penditures, including expenditures for claims proc-
essing and billing, shall not exceed 3 percent of the 
total expenditures under the State health security 
program, unless the Board determines, on a case-by- 
case basis, that additional administrative expendi-
109TH CONGRESS 
1ST SESSION 
H. J. RES. 38
JOINT RESOLUTION 
Recognizing Commodore John Barry as the first 
flag officer of the United States Navy.
109TH CONGRESS 
1ST SESSION 
H. J. RES. 38
JOINT RESOLUTION 
Recognizing Commodore John Barry as the first flag officer 
of the United States Navy.
Whereas John Barry, American merchant marine captain and 
native of County Wexford, Ireland, volunteered his serv-
ices to the Continental Navy during the American War 
for Independence and was assigned by the Continental 
Congress as captain of the Lexington, taking command
•HJ 38 EH 
of that vessel on March 14, 1776, and later participating 
in the victorious Trenton campaign; 
Whereas the quality and effectiveness of Captain John Bar-
ry’s service to the American war effort was recognized 
not only by George Washington but also by the enemies 
of the new Nation; 
Whereas Captain John Barry rejected British General Lord 
Howe’s flattering offer to desert Washington and the pa-
triot cause, stating: ‘‘Not the value and command of the 
whole British fleet can lure me from the cause of my 
country.’’; 
Whereas Captain John Barry, while in command of the frig-
ate Alliance, successfully transported French gold to 
America to help finance the American War for Independ-
ence and also won numerous victories at sea; 
Whereas when the First Congress, acting under the new Con-
stitution of the United States, authorized the raising and 
construction of the United States Navy, it was to Captain 
John Barry that President George Washington turned to 
build and lead the new Nation’s infant Navy, the suc-
cessor to the Continental Navy of the War for Independ-
ence; 
Whereas Captain John Barry supervised the building of his 
flagship, the U.S.S. United States; 
Whereas on February 22, 1797, President Washington per-
sonally conferred upon Captain John Barry, by and with 
the advice and consent of the Senate, the rank of Cap-
tain, with ‘‘Commission No. 1’’, United States Navy, 
dated June 7, 1794; 
Whereas John Barry served as the senior officer of the 
United States Navy, with the title of ‘‘Commodore’’ (in
•HJ 38 EH 
official correspondence), under Presidents Washington, 
John Adams, and Jefferson; 
Whereas as commander of the first United States naval 
squadron under the Constitution of the United States, 
which included the U.S.S. Constitution (‘‘Old Ironsides’’), 
John Barry was a Commodore, with the right to fly a 
broad pendant, which made him a flag officer; and 
Whereas in this sense it can be said that Commodore John 
Barry was the first flag officer of the United States 
Navy: Now, therefore, be it
Resolved by the Senate and House of Representatives 
of the United States of America in Congress assembled, 
That Commodore John Barry is recognized, and is hereby 
honored, as the first flag officer of the United States 
Navy.
Passed the House of Representatives December 14, 
2005. 
Attest:
Clerk.
H. J. Res. 38
One Hundred Ninth Congress
of the
United States of America 
AT THE FIRST SESSION 
Begun and held at the City of Washington on Tuesday, 
the fourth day of January, two thousand and five 
Joint Resolution 
Recognizing Commodore John Barry as the first flag officer of the United States 
Navy.
Whereas John Barry, American merchant marine captain and 
native of County Wexford, Ireland, volunteered his services to 
the Continental Navy during the American War for Independence 
and was assigned by the Continental Congress as captain of 
the Lexington, taking command of that vessel on March 14, 
1776, and later participating in the victorious Trenton campaign;
Whereas the quality and effectiveness of Captain John Barry’s 
service to the American war effort was recognized not only by 
George Washington but also by the enemies of the new Nation;
Whereas Captain John Barry rejected British General Lord Howe’s 
flattering offer to desert Washington and the patriot cause, 
stating: ‘‘Not the value and command of the whole British fleet 
can lure me from the cause of my country.’’;
Whereas Captain John Barry, while in command of the frigate 
Alliance, successfully transported French gold to America to help 
finance the American War for Independence and also won 
numerous victories at sea;
Whereas when the First Congress, acting under the new Constitu-
tion of the United States, authorized the raising and construction 
of the United States Navy, it was to Captain John Barry that 
President George Washington turned to build and lead the new 
Nation’s infant Navy, the successor to the Continental Navy 
of the War for Independence;
Whereas Captain John Barry supervised the building of his flagship, 
the U.S.S. United States;
Whereas on February 22, 1797, President Washington personally 
conferred upon Captain John Barry, by and with the advice 
and consent of the Senate, the rank of Captain, with ‘‘Commission 
No. 1’’, United States Navy, dated June 7, 1794;
Whereas John Barry served as the senior officer of the United 
States Navy, with the title of ‘‘Commodore’’ (in official correspond-
ence), under Presidents Washington, John Adams, and Jefferson;
Whereas as commander of the first United States naval squadron 
under the Constitution of the United States, which included the 
U.S.S. Constitution (‘‘Old Ironsides’’), John Barry was a Com-
modore, with the right to fly a broad pendant, which made him 
a flag officer; and
H. J. Res. 38—2
Whereas in this sense it can be said that Commodore John Barry 
was the first flag officer of the United States Navy: Now, there-
fore, be it
Resolved by the Senate and House of Representatives of the 
United States of America in Congress assembled, That Commodore 
John Barry is recognized, and is hereby honored, as the first flag 
officer of the United States Navy.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
111 
(C) The extent to which debt service for 
capital expenditures has been included in the 
proposed operating budget. 
(D) The extent to which capital expendi-
tures are financed directly or indirectly through 
reductions in direct care to patients, including 
(but not limited to) reductions in registered 
nursing staffing patterns or changes in emer-
gency room or primary care services or avail-
ability. 
(E) Change in the consumer price index 
and other price indices. 
(F) The cost of reasonable compensation 
to health care practitioners; 
(G) The compensation level of the institu-
tion’s or facility’s work force. 
(H) The extent to which the institution or 
facility is providing health care services to meet 
the needs of residents in the area served by the 
institution or facility, including the institution’s 
or facility’s occupancy level. 
(I) The institution’s or facility’s previous 
financial and clinical performance, based on uti-
lization and outcomes data provided under this 
Act.
112 
(J) The type of institution or facility, in-
cluding whether the institution or facility is 
part of a clinical education program or serves 
a health professional education, research or 
other training purpose. 
(K) Technological advances or changes. 
(L) Costs of the institution or facility asso-
ciated with meeting Federal and State regula-
tions. 
(M) The costs associated with necessary 
public outreach activities. 
(N) In the case of a for-profit facility, a 
reasonable rate of return on equity capital, 
independent of those operating expenses nec-
essary to fulfill the objectives of this Act. 
(O) Incentives to facilities that maintain 
costs below previous reasonable budgeted levels 
without reducing the care provided. 
(P) With respect to facilities that provide 
mental health services and substance abuse 
treatment services, any additional costs involved 
in the treatment of dually diagnosed individ-
uals. 
The portion of such a budget that relates to expendi-
tures for health professional education shall be con-
IIA 
109TH CONGRESS 
1ST SESSION 
H. J. RES. 38 
IN THE SENATE OF THE UNITED STATES 
DECEMBER 15, 2005 
Received 
JOINT RESOLUTION 
Recognizing Commodore John Barry as the first flag officer 
of the United States Navy. 
Whereas John Barry, American merchant marine captain and 
native of County Wexford, Ireland, volunteered his serv-
ices to the Continental Navy during the American War 
for Independence and was assigned by the Continental 
Congress as captain of the Lexington, taking command
HJ 38 RDS 
of that vessel on March 14, 1776, and later participating 
in the victorious Trenton campaign; 
Whereas the quality and effectiveness of Captain John Bar-
ry’s service to the American war effort was recognized 
not only by George Washington but also by the enemies 
of the new Nation; 
Whereas Captain John Barry rejected British General Lord 
Howe’s flattering offer to desert Washington and the pa-
triot cause, stating: ‘‘Not the value and command of the 
whole British fleet can lure me from the cause of my 
country.’’; 
Whereas Captain John Barry, while in command of the frig-
ate Alliance, successfully transported French gold to 
America to help finance the American War for Independ-
ence and also won numerous victories at sea; 
Whereas when the First Congress, acting under the new Con-
stitution of the United States, authorized the raising and 
construction of the United States Navy, it was to Captain 
John Barry that President George Washington turned to 
build and lead the new Nation’s infant Navy, the suc-
cessor to the Continental Navy of the War for Independ-
ence; 
Whereas Captain John Barry supervised the building of his 
flagship, the U.S.S. United States; 
Whereas on February 22, 1797, President Washington per-
sonally conferred upon Captain John Barry, by and with 
the advice and consent of the Senate, the rank of Cap-
tain, with ‘‘Commission No. 1’’, United States Navy, 
dated June 7, 1794; 
Whereas John Barry served as the senior officer of the 
United States Navy, with the title of ‘‘Commodore’’ (in
HJ 38 RDS 
official correspondence), under Presidents Washington, 
John Adams, and Jefferson; 
Whereas as commander of the first United States naval 
squadron under the Constitution of the United States, 
which included the U.S.S. Constitution (‘‘Old Ironsides’’), 
John Barry was a Commodore, with the right to fly a 
broad pendant, which made him a flag officer; and 
Whereas in this sense it can be said that Commodore John 
Barry was the first flag officer of the United States 
Navy: Now, therefore, be it 
Resolved by the Senate and House of Representatives 
of the United States of America in Congress assembled, 
That Commodore John Barry is recognized, and is hereby 
honored, as the first flag officer of the United States 
Navy. 
Passed the House of Representatives December 14, 
2005. 
Attest: 
KAREN L. HAAS, 
Clerk.
120 
SEC. 615. PAYMENTS FOR PRESCRIPTION DRUGS. 
(a) ESTABLISHMENT OF LIST.— 
(1) IN GENERAL.—The Board shall establish a 
list of approved prescription drugs and biologicals 
that the Board determines are necessary for the 
maintenance or restoration of health or of employ-
ability or self-management and eligible for coverage 
under this Act. 
(2) EXCLUSIONS.—The Board may exclude re-
imbursement under this Act for ineffective, unsafe, 
or over-priced products where better alternatives are 
determined to be available. 
(b) PRICES.—For each such listed prescription drug 
or biological covered under this Act, for insulin, and for 
medical foods, the Board shall from time to time deter-
mine a product price or prices which shall constitute the 
maximum to be recognized under this Act as the cost of 
a drug to a provider thereof. The Board may conduct ne-
gotiations, on behalf of State health security programs, 
with product manufacturers and distributors in deter-
mining the applicable product price or prices. 
(c) CHARGES
BY INDEPENDENT PHARMACIES.— 
Each State health security program shall provide for pay-
ment for a prescription drug or biological or insulin fur-
nished by an independent pharmacy based on the drug’s 
cost to the pharmacy (not in excess of the applicable prod-
585 
amended by adding at the end the following new 
clause: 
‘‘(iii) TAX EXEMPT INTEREST ON CER-
TAIN HOUSING BONDS.—Clause (i) shall not 
apply in the case of any interest on a bond 
to which section 57(a)(5)(C)(iii) applies.’’. 
(b) ALLOWANCE OF LOW-INCOME HOUSING CREDIT 
AGAINST ALTERNATIVE MINIMUM TAX.—Subparagraph (B) 
of section 38(c)(4) (relating to specified credits) is amended 
by redesignating clauses (ii) through (iv) as clauses (iii) 
through (v) and inserting after clause (i) the following new 
clause: 
‘‘(ii) the credit determined under sec-
tion 42 to the extent attributable to build-
ings placed in service after December 31, 
2007,’’. 
(c) ALLOWANCE OF REHABILITATION CREDIT AGAINST 
ALTERNATIVE MINIMUM TAX.—Subparagraph (B) of sec-
tion 38(c)(4), as amended by subsection (b), is amended by 
striking ‘‘and’’ at the end of clause (iv), by redesignating 
clause (v) as clause (vi), and by inserting after clause (iv) 
the following new clause: 
‘‘(v) the credit determined under sec-
tion 47 to the extent attributable to quali-
fied rehabilitation expenditures properly
IA 
109TH CONGRESS 
1ST SESSION 
H. J. RES. 39 
Proposing an amendment to the Constitution of the United States relating 
to marriage. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 17, 2005 
Mr. DANIEL E. LUNGREN of California (for himself, Mr. BACHUS, Mr. 
STEARNS, Mrs. EMERSON, Mr. ROGERS of Alabama, Mr. ALEXANDER, 
Mr. BARTLETT of Maryland, Mr. DAVIS of Tennessee, Mr. TAYLOR of 
Mississippi, and Mr. GOHMERT) introduced the following joint resolution; 
which was referred to the Committee on the Judiciary 
JOINT RESOLUTION 
Proposing an amendment to the Constitution of the United 
States relating to marriage. 
Resolved by the Senate and House of Representatives 
of the United States of America in Congress assembled 
(two-thirds of each House concurring therein), That the fol-
lowing article is proposed as an amendment to the Con-
stitution of the United States, which shall be valid to all 
intents and purposes as part of the Constitution when 
ratified by the legislatures of three-fourths of the several 
States within seven years after the date of its submission 
for ratification:
•HJ 39 IH 
‘‘ARTICLE — 
‘‘SECTION 1. Marriage in the United States shall con-
sist only of a legal union of one man and one woman. 
‘‘SECTION 2. No court of the United States or of any 
State shall have jurisdiction to determine whether this 
Constitution or the constitution of any State requires that 
the legal incidents of marriage be conferred upon any 
union other than a legal union between one man and one 
woman. 
‘‘SECTION 3. No State shall be required to give effect 
to any public act, record, or judicial proceeding of any 
other State concerning a union between persons of the 
same sex that is treated as a marriage, or as having the 
legal incidents of marriage, under the laws of such other 
State.’’. 
Æ
121 
uct price established under subsection (b)) plus a dis-
pensing fee. In accordance with standards established by 
the Board, each State health security program, after con-
sultation with representatives of the pharmaceutical pro-
fession, shall establish schedules of dispensing fees, de-
signed to afford reasonable compensation to independent 
pharmacies after taking into account variations in their 
cost of operation resulting from regional differences, dif-
ferences in the volume of prescription drugs dispensed, dif-
ferences in services provided, the need to maintain expend-
itures within the budgets established under this title, and 
other relevant factors. 
SEC. 616. PAYMENTS FOR APPROVED DEVICES AND EQUIP-
MENT. 
(a) ESTABLISHMENT OF LIST.—The Board shall es-
tablish a list of approved durable medical equipment and 
therapeutic devices and equipment (including eyeglasses, 
hearing aids, and prosthetic appliances), that the Board 
determines are necessary for the maintenance or restora-
tion of health or of employability or self-management and 
eligible for coverage under this Act. 
(b) CONSIDERATIONS AND CONDITIONS.—In estab-
lishing the list under subsection (a), the Board shall take 
into consideration the efficacy, safety, and cost of each 
item contained on such list, and shall attach to any item
586 
taken into account for periods after Decem-
ber 31, 2007, and’’. 
(d) EFFECTIVE DATE.— 
(1) HOUSING
BONDS.—The amendments made 
by subsection (a) shall apply to bonds issued after the 
date of the enactment of this Act. 
(2) LOW INCOME HOUSING CREDIT.—The amend-
ments made by subsection (b) shall apply to credits 
determined under section 42 of the Internal Revenue 
Code of 1986 to the extent attributable to buildings 
placed in service after December 31, 2007. 
(3) REHABILITATION CREDIT.—The amendments 
made by subsection (c) shall apply to credits deter-
mined under section 47 of the Internal Revenue Code 
of 1986 to the extent attributable to qualified rehabili-
tation expenditures properly taken into account for 
periods after December 31, 2007. 
SEC. 3023. BONDS GUARANTEED BY FEDERAL HOME LOAN 
BANKS ELIGIBLE FOR TREATMENT AS TAX-EX-
EMPT BONDS. 
(a) IN
GENERAL.—Subparagraph (A) of section 
149(b)(3) (relating to exceptions for certain insurance pro-
grams) is amended by striking ‘‘or’’ at the end of clause 
(ii), by striking the period at the end of clause (iii) and