datamatters24/research-document-archive huggingface dataset:
(c) 10-PERCENT PENALTY
ON EARLY DISTRIBU-
TIONS NOT TO APPLY.—Section 72(t)(2)(A) of such Code 
(relating to subsection not to apply to certain distribu-
tions) is amended by striking ‘‘or’’ at the end of clause 
(vi), by striking the period at the end of clause (vii) and 
inserting ‘‘, or’’, and by inserting after clause (vii) the fol-
lowing new clause: 
‘‘(viii) a qualified HSA funding dis-
tribution (as defined by section 402(l)).’’. 
(d) CONFORMING AMENDMENTS.—
(1) Section 401(k)(2)(B)(i) of such Code (relat-
ing to cash or deferred arrangements) is amended by 
striking ‘‘or’’ at the end of subclause (III), by strik-
ing ‘‘and’’ at the end of subclause (IV) and inserting 
‘‘or’’, and by inserting after subclause (IV) the fol-
lowing new subclause: 
‘‘(V) the funding of a health sav-
ings account under section 402(l), 
and’’. 
(2) Section 402(c)(4) of such Code (relating to 
rules applicable to rollovers from exempt trusts) is 
amended by striking ‘‘and’’ at the end of subpara-
graph (B), by striking the period at the end of sub-
paragraph (C) and inserting ‘‘, and’’, and by insert-
ing after subparagraph (C) the following new sub-
paragraph: 
‘‘(D) any qualified HSA funding distribu-
tion (as defined by subsection (l)).’’. 
(3) Section 403(a) of such Code (relating to 
taxability of beneficiary under a qualified annuity 
plan) is amended by inserting after paragraph (1) 
the following new paragraph: 
‘‘(2) SPECIAL RULE FOR QUALIFIED HSA FUND-
ING DISTRIBUTION.—To the extent provided in sec-
tion 402(l), paragraph (1) shall not apply to the 
amount distributed under the contract which is oth-
erwise includible in gross income under this sub-
section.’’. 
(4) Section 403(b) of such Code (relating to 
taxability of beneficiary under annuity purchased by 
section 501(c)(3) organization or public school) is 
amended by inserting after paragraph (1) the fol-
lowing new paragraph: 
‘‘(2) SPECIAL RULE FOR QUALIFIED HSA FUND-
ING DISTRIBUTION.—To the extent provided in sec-
tion 402(l), paragraph (1) shall not apply to the 
amount distributed under the contract which is oth-
erwise includible in gross income under this sub-
section.’’.
(5) Section 457(a) of such Code (relating to 
year of inclusion in gross income) is amended by 
adding at the end the following new paragraph: 
‘‘(3) SPECIAL RULE FOR QUALIFIED HSA FUND-
ING DISTRIBUTION.—To the extent provided in sec-
tion 402(l), paragraph (1) shall not apply to 
amounts otherwise includible in gross income under 
this subsection.’’. 
(e) EFFECTIVE DATE.—The amendments made by 
this section shall apply to distributions in taxable years 
beginning after December 31, 2004.
Æ
the applicable region’s patient population or to Med-
icaid’s share of the applicable region’s health care 
costs; or 
(2) to the extent such funding directly or indi-
rectly assists community health centers or other 
Medicaid providers acquire and implement tech-
nology in order to participate in the network. 
SEC. 10. DEFINITIONS. 
In this Act: 
(1) The term ‘‘community health center’’ means 
a health center eligible for assistance under section 
330 of the Public Health Service Act (42 U.S.C. 
254b). 
(2) The term ‘‘health care provider’’ means an 
entity involved in consultation, prevention, diagnosis, 
and treatment, including but not limited to a physi-
cian group, physician in individual practice, psychol-
ogist or other mental health clinician licensed by the 
State, hospital, community health center, community 
mental health center, nursing facility, skilled nursing 
facility, laboratory, imaging center, or pharmacy. 
(3) The term ‘‘health information network’’ 
means a health information network described in 
section 3(a)(3)(A)(i).
(4) The term ‘‘health information technology’’ 
means products, devices, or systems that allow for 
the electronic collection, storage, exchange, or man-
agement of patient information. 
(5) The term ‘‘health plans’’ means a group 
health plan or a health insurance issuer that is of-
fering health insurance coverage. 
(6) The terms ‘‘health insurance coverage’’ and 
‘‘health insurance issuer’’ have the meanings given 
such terms under paragraphs (1) and (2), respec-
tively, of section 733(b) of the Employee Retirement 
Income Security Act of 1974 (29 U.S.C. 1191b(b)). 
(7) The term ‘‘group health plan’’ has the 
meaning given that term in section 733(a)(1) of the 
Employee Retirement Income Security Act of 1974 
(29 U.S.C. 1191b(a)(1)). 
(8) The term ‘‘physician’’ has the meaning 
given to that term in section 1861(r) of the Social 
Security Act (42 U.S.C. 1395x(r)). 
(9) The term ‘‘regional health information orga-
nization’’ means an organization or consortium of 
organizations that— 
(A) facilitates the drafting and implemen-
tation of a regional health information network
106TH CONGRESS
2D SESSION
H. CON. RES. 302
CONCURRENT RESOLUTION
Calling on the people of the United States to ob-
serve a National Moment of Remembrance to
honor the men and women of the United States
who died in the pursuit of freedom and peace.
plan for a given geographic area in 1 or more 
States; 
(B) includes representatives of health plans 
and other third party payers, government 
health care programs, employers, physicians, 
hospitals, other health care providers, and 
health care consumers; and 
(C) may include representatives of orga-
nized labor. 
(10) The term ‘‘small physician group’’ means 
a physician practice group of 10 or fewer physicians. 
(11) The term ‘‘State’’ includes the 50 States 
and the District of Columbia. 
Æ
Code of 1986 (relating to expenditures from High-
way Trust Fund) is amended— 
(A) in paragraph (1), by striking ‘‘June 1, 
2005’’ and inserting ‘‘October 1, 2011’’; 
(B) in paragraphs (2)(A)(i)(III), (2)(A)(ii), 
(4)(A)(i), and (5)(A), by striking ‘‘October 1, 
2005’’ and inserting ‘‘October 1, 2011’’; 
(C) in paragraph (1)— 
(i) in subparagraph (J), by striking 
‘‘or’’ at the end; 
(ii) in subparagraph (K), by striking 
the period and inserting ‘‘, or’’; 
(iii) by inserting after subparagraph 
(K) the following: 
‘‘(L) authorized to be paid out of the 
Highway Trust Fund under the Transportation 
Empowerment Act.’’; and 
(iv) by striking the last sentence and 
inserting the following new flush sentence: 
‘‘In determining the authorizations under the Acts 
referred to in the preceding subparagraphs, such 
Acts shall be applied as in effect on the date of en-
actment of the Transportation Empowerment Act.’’; 
and
(D) in paragraphs (2)(A)(i) and (3), by 
striking ‘‘July 1, 2006’’ each place it appears 
and inserting ‘‘July 1, 2011’’. 
(2) AMOUNTS AVAILABLE FOR ESSENTIAL PRO-
GRAM EXPENDITURES.—Section 9503 of such Code 
(relating to the Highway Trust Fund) is amended 
by adding at the end the following: 
‘‘(g) ESSENTIAL PROGRAMS FINANCING RATE.—For 
purposes of this section— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), in the case of gasoline, special motor 
fuels, kerosene, and diesel fuel, the essential pro-
grams financing rate is— 
‘‘(A) after September 30, 2005, and before 
October 1, 2006, so much of the rate of the 
taxes described in subparagraphs (A) and (D) 
of subsection (b)(1) transferred to the Highway 
Trust Fund as does not exceed 16.3 cents per 
gallon, 
‘‘(B) after September 30, 2006, and before 
October 1, 2007, so much of the rate of such 
taxes as does not exceed 11.3 cents per gallon, 
‘‘(C) after September 30, 2007, and before 
October 1, 2008, so much of the rate of such 
taxes as does not exceed 8.3 cents per gallon,
‘‘(D) after September 30, 2008, and before 
October 1, 2009, so much of the rate of such 
taxes as does not exceed 7.3 cents per gallon, 
and 
‘‘(E) after September 30, 2009, the rate of 
such taxes. 
‘‘(2) APPLICATION OF RATE.—In the case of 
fuels used as described in paragraph (4)(D) and 
(5)(B) of subsection (c), the essential programs fi-
nancing rate is zero.’’. 
(c) TERMINATION OF TRANSFERS TO MASS TRANSIT 
ACCOUNT.— 
(1) IN
GENERAL.—Section 9503(e)(2) of the 
Internal Revenue Code of 1986 (relating to Mass 
Transit Account) is amended by adding at the end 
the following new flush sentence: 
No transfers shall be made under this paragraph 
after September 30, 2005. 
(2) AUTHORIZATION
TO
EXPEND
REMAINING 
BALANCES IN ACCOUNT.—Section 9503(e)(3) of such 
Code is amended by striking ‘‘before June 1, 2005’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section take effect on October 1, 2005.
‘‘(iii) CONTEST.—If the individual 
contests the initial disapproval, the indi-
vidual shall submit appropriate information 
to contest such notice under the proce-
dures established by the Commissioner, in 
consultation with the Secretary of Home-
land Security, not later than 10 days after 
receiving the notice from the subject em-
ployer. 
‘‘(iv) NO CONTEST.—If the individual 
does not contest the initial disapproval no-
tice by the end of the 10-day period begin-
ning on the date on which the notice is re-
ceived from the subject employer, the dis-
approval shall become final, and the sub-
ject employer shall record on the system 
the appropriate code, in accordance with 
regulations of the Commissioner, to indi-
cate the individual did not contest the ini-
tial disapproval. An individual’s failure to 
contest an initial disapproval shall not be 
considered an admission of any fact with 
respect to any violation of this title, the 
Immigration and Nationality Act, or any 
other provision of law. 
VerDate Aug 31 2005 
05:20 Feb 29, 2008
Jkt 069200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H5515.IH
H5515
wwoods2 on PRODPC68 with BILLS
I 
109TH CONGRESS 
1ST SESSION H. R. 2235 
To amend the Federal Food, Drug, and Cosmetic Act to safeguard public 
health and provide to consumers food that is safe, unadulterated, and 
honestly presented. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 10, 2005 
Mr. PALLONE introduced the following bill; which was referred to the 
Committee on Energy and Commerce 
A BILL 
To amend the Federal Food, Drug, and Cosmetic Act to 
safeguard public health and provide to consumers food 
that is safe, unadulterated, and honestly presented. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE, REFERENCE, AND TABLE OF 
CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘National Uniform Food Safety Labeling Act’’. 
(b) REFERENCE.—Except as otherwise specified, 
whenever in this Act an amendment is expressed in terms 
of an amendment to a section or other provision, the ref-
110TH CONGRESS 
2D SESSION 
H. R. 5517 
AN ACT 
To designate the facility of the United States Postal Service 
located at 7231 FM 1960 in Humble, Texas, as the 
‘‘Texas Military Veterans Post Office’’. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
In the Senate of the United States,
September 6, 2006.
Resolved, That the bill from the House of Representa-
tives (H.R. 2066) entitled ‘‘An Act to amend title 40, United
States Code, to establish a Federal Acquisition Service, to re-
place the General Supply Fund and the Information Tech-
nology Fund with an Acquisition Services Fund, and for
other purposes.’’, do pass with the following
AMENDMENTS:
Ω1æPage 2, line 25, strike out øup to five¿
Ω2æPage 10, line 7, strike out øor¿ and all that follows
through the end of line 9, and insert:
†
HR 2066 EAS
‘‘(B) the exceptional difficulty in recruiting
or retaining a qualified employee, or
‘‘(C) a temporary emergency hiring need,
Ω3æPage 10, line 20, strike out øDecember 31, 2011.¿
and insert: December 31, 2011.’’.
Ω4æPage 10, strike out line 21 and all that follows
through page 13, line 8, and insert the following new sec-
tion and renumber subsequent section:
SEC. 5. DISPOSAL OF FEDERAL SURPLUS PROPERTY TO
HISTORIC LIGHT STATIONS.
Section 549(c)(3)(B) of title 40, United States Code,
is amended—
(1) in clause (vii), by striking ‘‘or’’ after the
semicolon;
(2) in clause (viii), by striking the period and
inserting ‘‘; or’’; and
(3) by adding at the end the following:
‘‘(ix) a historic light station as defined
under section 308(e)(2) of the National His-
toric Preservation Act (16 U.S.C. 470w–
7(e)(2)), including a historic light station
conveyed under subsection (b) of that sec-
tion, notwithstanding the number of hours
†
HR 2066 EAS
that the historic light station is open to the
public.’’.
Attest:
Secretary.
ing containing the country of origin of the perishable agri-
cultural commodity and the product derived from it. 
‘‘(3) The Secretary shall, in accordance with section 
11 of the National Uniform Food Safety Labeling Act, 
establish by regulation the labeling requirements of this 
paragraph.’’. 
SEC. 6. FRESHNESS DATE. 
Section 403 (21 U.S.C. 343), as amended by section 
5, is amended by adding at the end the following: 
‘‘(cc)(1) Unless its label or labeling bears the date 
upon which the food should no longer be sold because of 
diminution of quality, nutrient availability, or safety. The 
freshness date shall be stated in terms of the day and 
month of the year if the food will not be fresh after 3 
months on the shelf, or in terms of the month and year 
if the product will be fresh for more than 3 months on 
the shelf. The phrase ‘use by’ shall precede the date. 
‘‘(2) The Secretary shall, in accordance with section 
11 of the National Uniform Food Safety Labeling Act, 
establish by regulation the means of disclosing the 
freshness date.’’. 
SEC. 7. FOOD LABELED AS NATURAL. 
Section 403 (21 U.S.C. 343), as amended by section 
6, is amended by adding at the end the following:
ployees holding acquisition-related positions (as de-
scribed in subsection (g)(1)(A)) within such agency,
except that the authority to pay a bonus under this
subsection shall be available only if—
‘‘(A) the unusually high or unique quali-
fications of an employee or a special need of the
agency for the services of an employee makes
the retention of such employee essential; and
‘‘(B) the agency determines that, in the
absence of such a bonus, it is likely that the
employee would leave—
‘‘(i) the Federal service; or
‘‘(ii) for a different position in the
Federal service under conditions described
in regulations of the Office.
‘‘(2) SERVICE AGREEMENTS.—(A) Payment of
a bonus under this subsection shall be contingent
upon the employee entering into a written agreement
with the agency to complete a period of service with
the agency in return for the bonus.
‘‘(B)(i) The agreement shall include—
‘‘(I) the length of the period of service re-
quired;
‘‘(II) the bonus amount;
‘‘(III) the manner in which the bonus will
be paid (as described in paragraph (3)(B)); and
‘‘(IV) any other terms and conditions of
the bonus, including the terms and conditions
governing the termination of an agreement.
‘‘(3) TERMS AND CONDITIONS.—A bonus under
this subsection—
‘‘(A) may not exceed 50 percent of the
basic pay of the employee;
‘‘(B) may be paid to an employee—
‘‘(i) in installments after completion
of specified periods of service;
‘‘(ii) in a single lump sum at the end
of the period of service required by the
agreement; or
‘‘(iii) in any other manner mutually
agreed to by the agency and the employee;
‘‘(C) is not part of the basic pay of the em-
ployee; and
‘‘(D) may not be paid to an employee who
holds a position—
‘‘(i) appointment to which is by the
President, by and with the advice and con-
sent of the Senate;
‘‘(ii) in the Senior Executive Service
as a noncareer appointee (as such term is
defined under section 3132(a) of title 5,
United States Code); or
‘‘(iii) which has been excepted from
the competitive service by reason of its
confidential, 
policy-determining, 
policy-
making, or policy-advocating character.’’.
SEC. 5. EFFECTIVE DATE.
This Act and the amendments made by this Act shall
take effect 60 days after the date of the enactment of this
Act.
Passed the House of Representatives May 23, 2005.
Attest:
Clerk.
‘‘(dd)(1) If its label or labeling bears the word ‘nat-
ural’, unless— 
‘‘(A) it contains no artificial flavoring, color ad-
ditive, chemical preservative, or any other artificial 
or synthetic ingredient added after harvesting; and 
‘‘(B) it has undergone no processing other than 
minimal processing, such as the removal of inedible 
substances or the application of physical processes 
such as cutting, grinding, drying, homogenizing, or 
pulping. 
‘‘(2) This paragraph shall not apply to the use of the 
terms ‘natural flavors’ and ‘natural colors’ as approved by 
the Food and Drug Administration. 
‘‘(3) The Secretary shall, in accordance with section 
11 of the National Uniform Food Safety Labeling Act, 
establish by regulation the labeling requirements of this 
paragraph.’’. 
SEC. 8. LABELING OF KOSHER AND KOSHER-STYLE FOODS. 
Section 403 (21 U.S.C. 343), as amended by section 
7, is amended by adding at the end the following: 
‘‘(ee)(1) If it is falsely represented in the food’s label 
or labeling to be kosher, kosher for Passover, pareve, or 
as having been prepared in accordance with orthodox Jew-
ish religious standards either by direct statements, orally
or in writing, or by display of the word ‘Kosher’, ‘Kosher 
for Passover’, or ‘Pareve’; or 
‘‘(2) if the food’s label or labeling uses the term ‘Ko-
sher’ in conjunction with the words ‘style’ or ‘type’ or any 
similar expression which might reasonably be calculated 
to deceive a reasonable person to believe that a representa-
tion is being made that the food sold is kosher, kosher 
for Passover, pareve, or prepared in accordance with or-
thodox Jewish religious standards. 
‘‘(3) The Secretary shall, in accordance with section 
11 of the National Uniform Food Safety Labeling Act, 
establish by regulation provisions that implement this 
paragraph.’’. 
SEC. 9. UNIT PRICING. 
(a) IN GENERAL.—Section 403 (21 U.S.C. 343), as 
amended by section 8, is amended by adding at the end 
the following: 
‘‘(ff)(1) Unless its label or labeling bears the unit 
price and the total price of the food as provided in this 
paragraph. 
‘‘(2) As used in this paragraph: 
‘‘(A) The term ‘unit price’ of food shall mean 
the price per measure. 
‘‘(B) The term ‘price per measure’ shall 
mean—
‘‘(i) price per pound for food whose net 
quantity is expressed in units of weight, except 
for such food whose net weight is less than 1 
ounce which shall be expressed as price per 
ounce if the same unit of measure is used for 
the same food in all sizes; 
‘‘(ii) price per pint or quart for food whose 
net quantity is stated in fluid ounces, pints, 
quarts, gallons, or a combination thereof, if the 
same unit of measure is used for the same food 
in all sizes sold in the retail establishment; and 
‘‘(iii) price per 100 for food whose net 
quantity is expressed by count, except as other-
wise provided by regulation. 
‘‘(3) The Secretary shall, in accordance with section 
11 of the National Uniform Food Safety Labeling Act, 
establish by regulation a national program of pricing as 
prescribed by this paragraph.’’. 
SEC. 10. GRADES FOR FARM PRODUCTS. 
Section 403 (21 U.S.C. 343), as amended by section 
9, is amended by adding at the end the following: 
‘‘(gg)(1) Unless it bears a grade, where grading is 
customary within the industry. 
‘‘(2) The Secretary shall, in accordance with section 
11 of the National Uniform Food Safety Labeling Act,
establish by regulation a national program of grading for 
food which is customarily graded.’’. 
SEC. 11. REGULATIONS. 
(a)(1) Within 12 months after the date of the enact-
ment of this Act, the Secretary of Health and Human 
Services shall issue proposed regulations to implement 
paragraphs (y) through (gg) of section 403 of the Federal 
Food, Drug, and Cosmetic Act. The proposed regulations 
shall establish format requirements for the label state-
ments mandated by such sections. The required label 
statements shall appear in easily legible boldface print or 
type, with upper and lower case letters, and in distinct 
contrast to other printed or graphic matter. The label 
statements shall appear in a type size not less than the 
largest type found on the label, except that used for the 
brand name, product name, logo, or universal product 
code, and in any case not less than the type size required 
for the declaration of net quantity of contents statement 
as prescribed by regulation printed in 21 C.F.R. 
101.105(1). All required label statements shall be placed 
on the information panel, except for the statements re-
quired by paragraphs (bb) and (ff) of such section 403, 
which shall be placed on the principal display panel. 
(2) Not later than 24 months after the date of enact-
ment of this Act, the Secretary shall issue final regulations
to implement sections 403(dd) and 403(ee) of the Federal 
Food, Drug, and Cosmetic Act. 
(b) If the Secretary does not promulgate final regula-
tions under subsection (a)(2) upon the expiration of 24 
months after the date of the enactment of this Act, the 
proposed regulation issued in accordance with subsection 
(a)(1) shall be considered as the final regulations upon 
the expiration of such 24 months. There shall be promptly 
published in the Federal Register notice of the new status 
of the proposed regulations. 
Æ
106TH CONGRESS
2D SESSION
H. CON. RES. 302
CONCURRENT RESOLUTION
Whereas the preservation of basic freedoms and world peace
has always been a valued objective of this nation;
Whereas thousands of American men and women have self-
lessly given their lives in service as peacemakers and
peacekeepers;
SEC. 4. INFRASTRUCTURE SPECIAL ASSISTANCE FUND. 
(a) BALANCE OF ESSENTIAL PROGRAMS FINANCING 
RATE DEPOSITED IN FUND.—Section 9503 of the Inter-
nal Revenue Code of 1986 (as amended by section 3(b)(2)) 
is amended by adding at the end the following: 
‘‘(h) ESTABLISHMENT
OF INFRASTRUCTURE SPE-
CIAL ASSISTANCE FUND.— 
‘‘(1) CREATION OF FUND.—There is established 
in the Highway Trust Fund a separate fund to be 
known as the ‘Infrastructure Special Assistance 
Fund’ consisting of such amounts as may be trans-
ferred or credited to the Infrastructure Special As-
sistance Fund as provided in this subsection or sec-
tion 9602(b). 
‘‘(2) TRANSFERS TO INFRASTRUCTURE SPECIAL 
ASSISTANCE FUND.—On the first day of each fiscal 
year, the Secretary, in consultation with the Sec-
retary of Transportation, shall determine the excess 
(if any) of— 
‘‘(A) the sum of— 
‘‘(i) the amounts appropriated in such 
fiscal year to the Highway Trust Fund 
under subsection (b) which are attributable 
to the essential programs financing rate 
for such year, plus
‘‘(ii) the amounts appropriated in 
such fiscal year to the Highway Trust 
Fund under subsection (b) which are at-
tributable to taxes under sections 4051, 
4061, 4071, and 4481 for such year, over 
‘‘(B) the amount appropriated under sub-
section (c) for such fiscal year, 
and shall transfer such excess to the Infrastructure 
Special Assistance Fund. 
‘‘(3) EXPENDITURES
FROM
INFRASTRUCTURE 
SPECIAL ASSISTANCE FUND.— 
‘‘(A) TRANSITIONAL ASSISTANCE.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (iv), during fiscal years 
2006 through 2009, $1,000,000,000 in the 
Infrastructure Special Assistance Fund 
shall be available to States for transpor-
tation-related program expenditures. 
‘‘(ii) STATE SHARE.— 
‘‘(I) IN
GENERAL.—Except as 
provided in clause (v), each State is 
entitled to a share of the amount 
specified in clause (i) upon enactment 
of legislation providing 1 of the 2