datamatters24/research-document-archive huggingface dataset:
H. Con. Res. 399
Agreed to August 2, 2006
One Hundred Ninth Congress
of the
United States of America 
AT THE SECOND SESSION 
Begun and held at the City of Washington on Tuesday, 
the third day of January, two thousand and six 
Concurrent Resolution
Whereas on May 24th, 1976 in Paris, France, the premier wines 
of California and France were judged in a blind taste test by 
leading French wine experts;
Whereas the winning red wine was the 1973 Stag’s Leap Wine 
Cellars SLV Napa Valley Cabernet crafted by winemaker Warren 
Winiarski;
Whereas the winning white wine was the 1973 Chateau Montelena 
Napa Valley Chardonnay crafted by winemaker Miljenko ‘‘Mike’’ 
Grgich;
Whereas this event became known as the Tasting Heard ‘Round 
the World, and heralded the beginning of the rise to preeminence 
of California wines;
Whereas the Smithsonian Institution’s National Museum of Amer-
ican History has placed bottles of the winning wines in its perma-
nent collection;
Whereas wines from all over the United States are now enjoyed 
all over the world; and
Whereas the domestic wine industry now contributes over $50 
billion a year to the United States economy: Now, therefore, 
be it
Resolved by the House of Representatives (the Senate concur-
ring), That Congress—
(1) recognizes and honors the 30th Anniversary of the 
California victory at the 1976 Paris Wine Tasting; and
H. Con. Res. 399—2
(2) recognizes the historical significance of this event to 
the United States wine industry. 
Attest:
Clerk of the House of Representatives.
Attest:
Secretary of the Senate.
centage for all other eligible employees for the 
preceding plan year, or 
‘‘(B) the contribution percentage of non-
highly compensated employees for the preceding 
plan year exceeded 6 percent. 
‘‘(2) ALTERNATIVE
METHODS
OF
MEETING 
NONDISCRIMINATION REQUIREMENTS.— 
‘‘(A) IN GENERAL.—An arrangement shall 
be treated as meeting the requirements of para-
graph (1)(A) if such arrangement— 
‘‘(i) meets the contribution require-
ments of subparagraph (B), and 
‘‘(ii) meets the notice requirements of 
subparagraph (D). 
‘‘(B) CONTRIBUTION REQUIREMENT.—The 
requirements of this subparagraph are met if, 
under the arrangement, the employer is re-
quired to make contributions to a defined con-
tribution plan on behalf of each eligible em-
ployee who is not a highly compensated em-
ployee in an amount equal to at least 3 percent 
of the employee’s compensation. For purposes 
of this subparagraph, elective deferrals and em-
ployee contributions shall not be taken into ac-
count in determining the amount of contribu-
tions the employer makes to the plan. 
‘‘(C) SPECIAL RULES FOR MATCHING CON-
TRIBUTIONS.— 
‘‘(i) IN
GENERAL.—If an employer 
takes matching contributions into account 
for purposes of subparagraph (B), the re-
quirements of such subparagraph shall be 
treated as met only if the matching con-
tributions on behalf of each employee who 
is not a highly compensated employee are 
equal to 50 percent of the elective deferrals 
of the employee to the extent that such 
elective deferrals do not exceed 6 percent 
of the employee’s compensation. 
‘‘(ii) ALTERNATIVE PLAN DESIGNS.— 
If the rate of any matching contribution 
with respect to any rate of elective deferral 
is not equal to the percentage required 
under clause (i), an arrangement shall not 
be treated as failing to meet the require-
ments of clause (i) if— 
‘‘(I) the rate of an employer’s 
matching contribution does not in-
crease as an employee’s rate of elec-
tive contributions increases, and 
‘‘(II) the aggregate amount of 
matching contributions at such rate of 
elective contribution is at least equal 
to the aggregate amount of matching 
contributions which would be made if 
matching contributions were made on 
the basis of the percentages described 
in clause (i). 
‘‘(iii) 
RATE
FOR
HIGHLY
COM-
PENSATED
EMPLOYEES.—The 
require-
ments of this subparagraph are not met if, 
under the arrangement, the rate of match-
ing contribution with respect to any elec-
tive deferral of a highly compensated em-
ployee at any rate of elective deferral is 
greater than that with respect to an em-
ployee who is not a highly compensated 
employee. 
‘‘(D) NOTICE
REQUIREMENT.—An ar-
rangement meets the requirements of this sub-
paragraph if, under the arrangement, each em-
ployee eligible to participate is, within a reason-
able period before any year, given written notice
of the employee’s rights and obligations under 
the arrangement which— 
‘‘(i) is sufficiently accurate and com-
prehensive to apprise the employee of such 
rights and obligations, and 
‘‘(ii) is written in a manner calculated 
to be understood by the average employee 
eligible to participate. 
‘‘(E) OTHER REQUIREMENTS.— 
‘‘(i) WITHDRAWAL AND VESTING RE-
STRICTIONS.—An arrangement shall not be 
treated as meeting the requirements of 
subparagraph (B) unless the requirements 
of paragraphs (2) and (3) of subsection (b) 
are met with respect to all employer con-
tributions (including matching contribu-
tions) taken into account in determining 
whether the requirements of subparagraph 
(B) are met. 
‘‘(ii) SOCIAL SECURITY AND SIMILAR 
CONTRIBUTIONS
NOT
TAKEN
INTO
AC-
COUNT.—An arrangement shall not be 
treated as meeting the requirements of 
subparagraph (B) unless such require-
ments are met without regard to section
SEC. 
203. 
ENHANCEMENT 
OF 
PROTECTIONS 
FOR 
SERVICEMEMBERS RELATING TO MORTGAGES 
AND MORTGAGE FORECLOSURES. 
(a) EXTENSION OF PERIOD OF PROTECTIONS AGAINST 
MORTGAGE FORECLOSURES.—
(1) EXTENSION OF PROTECTION PERIOD.—Sub-
section (c) of section 303 of the Servicemembers Civil 
Relief Act (50 U.S.C. App. 533) is amended by strik-
ing ‘‘90 days’’ and inserting ‘‘9 months’’. 
(2) EXTENSION OF STAY OF PROCEEDINGS PE-
RIOD.—Subsection (b) of such section is amended by 
striking ‘‘90 days’’ and inserting ‘‘9 months’’. 
(b) TREATMENT
OF MORTGAGES
AS OBLIGATIONS 
SUBJECT TO INTEREST RATE LIMITATION.—Section 207 of 
the Servicemembers Civil Relief Act (50 U.S.C. App. 527) 
is amended—
(1) in subsection (a)(1), by striking ‘‘in excess of 
6 percent’’ the second place it appears and all that 
follows and inserting ‘‘in excess of 6 percent—
‘‘(A) during the period of military service 
and one year thereafter, in the case of an obliga-
tion or liability consisting of a mortgage, trust 
deed, or other security in the nature of a mort-
gage; or
III 
109TH CONGRESS 
2D SESSION 
H. CON. RES. 399 
IN THE SENATE OF THE UNITED STATES 
JUNE 7, 2006 
Received and referred to the Committee on Agriculture, Nutrition, and 
Forestry 
CONCURRENT RESOLUTION 
Recognizing the 30th Anniversary of the victory of United 
States winemakers at the 1976 Paris Wine Tasting 
Whereas on May 24th, 1976 in Paris, France, the premier 
wines of California and France were judged in a blind 
taste test by leading French wine experts; 
Whereas the winning red wine was the 1973 Stag’s Leap 
Wine Cellars SLV Napa Valley Cabernet crafted by wine-
maker Warren Winiarski; 
VerDate Aug 31 2005 
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HCON 399 RFS 
Whereas the winning white wine was the 1973 Chateau 
Montelena Napa Valley Chardonnay crafted by wine-
maker Miljenko ‘‘Mike’’ Grgich; 
Whereas this event became known as the Tasting Heard 
‘Round the World, and heralded the beginning of the rise 
to preeminence of California wines; 
Whereas the Smithsonian Institution’s National Museum of 
American History has placed bottles of the winning wines 
in its permanent collection; 
Whereas wines from all over the United States are now en-
joyed all over the world; and 
Whereas the domestic wine industry now contributes over $50 
billion a year to the United States economy: Now, there-
fore, be it 
Resolved by the House of Representatives (the Senate 
concurring), That Congress— 
(1) recognizes and honors the 30th Anniversary 
of the California victory at the 1976 Paris Wine 
Tasting; and 
(2) recognizes the historical significance of this 
event to the United States wine industry. 
Passed the House of Representatives June 6, 2006. 
Attest: 
KAREN L. HAAS, 
Clerk. 
VerDate Aug 31 2005 
02:40 Jun 08, 2006
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HC399
ycherry on PROD1PC64 with BILLS
401(l), and, for purposes of section 401(l), 
employer contributions under subpara-
graph (B) shall not be taken into account. 
‘‘(F) OTHER
PLANS.—An arrangement 
shall be treated as meeting the requirements of 
subparagraph (B) if any other plan maintained 
by the employer meets such requirements with 
respect to employees eligible under the arrange-
ment. 
‘‘(3) CONTRIBUTION
PERCENTAGE.—For pur-
poses of paragraph (1), the contribution percentage 
for an eligible employee for a specified group of em-
ployees for a plan year shall be the average of the 
ratios (calculated separately for each employee in 
such group) of— 
‘‘(A) the sum of the elective deferrals, 
matching contributions, employee contributions, 
and qualified nonelective contributions paid 
under the plan on behalf of each such employee 
for such plan year, to 
‘‘(B) the employee’s compensation for such 
plan year. 
‘‘(4) SPECIAL
RULES.—For purposes of this 
subsection—
‘‘(A) MULTIPLE ARRANGEMENTS.—If 2 or 
more plans which include employer retirement 
savings account arrangements are considered as 
1 plan for purposes of section 401(a)(4) or 
410(b), all such arrangements included in such 
plans shall be treated as 1 arrangement. 
‘‘(B) EMPLOYEES IN MORE THAN 1 AR-
RANGEMENT.—If any highly compensated em-
ployee is a participant under 2 or more em-
ployer retirement savings account arrangements 
of the employer, for purposes of determining 
the contribution percentage with respect to such 
employee, all such arrangements shall be treat-
ed as 1 arrangement. 
‘‘(C) USE
OF
CURRENT
YEAR.—An em-
ployer may elect to apply paragraph (1) (A) or 
(B) by using the plan year rather than the pre-
ceding plan year. An employer may change such 
an election only with the consent of the Sec-
retary. 
‘‘(D) 1ST PLAN YEAR.—In the case of the 
first plan year of any plan (other than a suc-
cessor plan), the amount taken into account as 
the contribution percentage of nonhighly com-
‘‘(B) during the period of military service, 
in the case of any other obligation or liability.’’; 
and 
(2) by striking subsection (d) and inserting the 
following new subsection: 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) INTEREST.—The term ‘interest’ includes 
service charges, renewal charges, fees, or any other 
charges (except bona fide insurance) with respect to 
an obligation or liability. 
‘‘(2) OBLIGATION OR LIABILITY.—The term ‘obli-
gation or liability’ includes an obligation or liability 
consisting of a mortgage, trust deed, or other security 
in the nature of a mortgage.’’. 
(c) EFFECTIVE DATE; SUNSET.—
(1) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on the date of the en-
actment of this Act. 
(2) SUNSET.—The amendments made by sub-
section (a) shall expire on December 31, 2010. Effec-
tive January 1, 2011, the provisions of subsections (b) 
and (c) of section 303 of the Servicemembers Civil Re-
lief Act, as in effect on the day before the date of the 
enactment of this Act, are hereby revived.
109TH CONGRESS 
1ST SESSION 
H. CON. RES. 39 
CONCURRENT RESOLUTION 
Resolved by the House of Representatives (the Senate 
concurring), That when the House adjourns on the legisla-
tive day of Wednesday, February 2, 2005, on a motion 
offered pursuant to this concurrent resolution by its Ma-
jority Leader or his designee, it stand adjourned until 2
•HCON 39 EH 
p.m. on Tuesday, February 8, 2005, or until the time of 
any reassembly pursuant to section 2 of this concurrent 
resolution, whichever occurs first. 
SEC. 2. The Speaker or his designee, after consulta-
tion with the Minority Leader, shall notify the Members 
of the House to reassemble whenever, in his opinion, the 
public interest shall warrant it. 
Passed the House of Representatives February 1, 
2005. 
Attest: 
Clerk.
109TH CONGRESS 
1ST SESSION 
H. CON. RES. 39 
CONCURRENT RESOLUTION 
Providing for an adjournment of the House of 
Representatives.
pensated employees for the preceding plan year 
shall be— 
‘‘(i) 3 percent, or 
‘‘(ii) if the employer makes an election 
under this clause, the contribution percent-
age of nonhighly compensated employees 
determined for such first plan year. 
‘‘(E) SPECIAL RULE FOR EARLY PARTICI-
PATION.—If an employer elects to apply section 
410(b)(4)(B) in determining whether an em-
ployer retirement savings account arrangement 
meets the requirements of section 410(b)(1), 
the employer may, in determining whether the 
arrangement meets the requirements of this 
subsection, exclude from consideration all eligi-
ble employees (other than highly compensated 
employees) who have not met the minimum age 
and 
service 
requirements 
of 
section 
410(a)(1)(A). 
‘‘(5) EXCEPTIONS.— 
‘‘(A) GOVERNMENTAL PLANS.—A govern-
mental plan (within the meaning of section 
414(d)) maintained by a State or local govern-
ment or political subdivision thereof (or agency
or instrumentality thereof) shall be treated as 
meeting the requirements of this subsection. 
‘‘(B) TAX EXEMPT PLANS.— 
‘‘(i) IN
GENERAL.—A plan not de-
scribed in subparagraph (A) which is 
maintained by an organization described in 
section 501(c)(3) shall be treated as meet-
ing the requirements of this subsection for 
any plan year if the plan provides that all 
employees of such organization may elect 
to have the employer make contributions of 
more than $200 pursuant to a salary re-
duction agreement if any employee of the 
organization may elect to have the organi-
zation make contributions pursuant to 
such agreement. 
‘‘(ii) EXCEPTION.—Clause (i) shall 
not apply to any plan if under the plan— 
‘‘(I) matching contributions may 
be made on behalf of any employee, or 
‘‘(II) an employee may make con-
tributions other than elective defer-
rals.
‘‘(iii) EXCLUSION.—For purposes of 
clause (i), there may be excluded any em-
ployee who is— 
‘‘(I) a participant in another em-
ployer retirement savings account ar-
rangement of the organization, 
‘‘(II) a nonresident alien de-
scribed in section 410(b)(3)(C), or 
‘‘(III) subject to the conditions 
applicable under section 410(b)(4), a 
student performing services described 
in section 3121(b)(10) or an employee 
who normally works less than 20 
hours per week. 
‘‘(6) 
COORDINATION
WITH
SUBSECTION 
(a)(4).—A cash or deferred arrangement shall be 
treated as meeting the requirements of subsection 
(a)(4) with respect to contributions if the require-
ments of paragraph (1) are met. 
‘‘(d) OTHER REQUIREMENTS.—For purposes of this 
section— 
‘‘(1) BENEFITS (OTHER THAN MATCHING CON-
TRIBUTIONS) MUST NOT BE CONTINGENT ON ELEC-
TION TO DEFER.—An employer retirement savings 
account arrangement of any employer shall not be
H. Con. Res. 39
Agreed to February 2, 2005
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
Concurrent Resolution
Resolved by the House of Representatives (the Senate concur-
ring), That when the House adjourns on the legislative day of
Wednesday, February 2, 2005, on a motion offered pursuant to
this concurrent resolution by its Majority Leader or his designee,
it stand adjourned until 2 p.m. on Tuesday, February 8, 2005,
or until the time of any reassembly pursuant to section 2 of this
concurrent resolution, whichever occurs first.
SEC. 2. The Speaker or his designee, after consultation with
the Minority Leader, shall notify the Members of the House to
reassemble whenever, in his opinion, the public interest shall war-
rant it.
Attest:
Clerk of the House of Representatives.
Attest:
Secretary of the Senate.
III 
109TH CONGRESS 
1ST SESSION 
H. CON. RES. 39
IN THE SENATE OF THE UNITED STATES 
FEBRUARY 2, 2005
Received 
CONCURRENT RESOLUTION 
Providing for an adjournment of the House of 
Representatives.
Resolved by the House of Representatives (the Senate 
concurring), That when the House adjourns on the legisla-
tive day of Wednesday, February 2, 2005, on a motion 
offered pursuant to this concurrent resolution by its Ma-
jority Leader or his designee, it stand adjourned until 2
HCON 39 RDS 
p.m. on Tuesday, February 8, 2005, or until the time of 
any reassembly pursuant to section 2 of this concurrent 
resolution, whichever occurs first. 
SEC. 2. The Speaker or his designee, after consulta-
tion with the Minority Leader, shall notify the Members 
of the House to reassemble whenever, in his opinion, the 
public interest shall warrant it.
Passed the House of Representatives February 1, 
2005. 
Attest: 
JEFF TRANDAHL, 
Clerk.
IV 
109TH CONGRESS 
1ST SESSION 
H. CON. RES. 3 
Expressing the sense of the Congress that schools in the United States 
should honor the contributions of individuals from the commonwealths, 
territories, and possessions of the United States by including such con-
tributions in the teaching of United States history. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 4, 2005 
Mrs. CHRISTENSEN submitted the following concurrent resolution; which was 
referred to the Committee on Education and the Workforce 
CONCURRENT RESOLUTION 
Expressing the sense of the Congress that schools in the 
United States should honor the contributions of individ-
uals from the commonwealths, territories, and posses-
sions of the United States by including such contribu-
tions in the teaching of United States history. 
Whereas individuals from Puerto Rico, the United States Vir-
gin Islands, American Samoa, Guam, and the Northern 
Mariana Islands have contributed to many aspects of the 
history and culture of the United States, including its 
politics, athletics, and music; 
Whereas many students do not know the location or the sig-
nificance of these places;
•HCON 3 IH 
Whereas the diversity of the citizens of the United States 
strengthens the Nation, and individuals from the com-
monwealths, territories, and possessions of the United 
States contribute to that diversity; and 
Whereas it is important for students to study the history of 
these geographic areas as part of United States history: 
Now, therefore, be it 
Resolved by the House of Representatives (the Senate 
concurring), That it is the sense of the Congress that 
schools in the United States should honor the contribu-
tions of individuals from Puerto Rico, the United States 
Virgin Islands, American Samoa, Guam, and the Northern 
Mariana Islands by including such contributions in the 
teaching of United States history. 
Æ
‘‘(iv) a simple retirement account 
(within the meaning of section 408(p).’’. 
(b) ELECTIVE DEFERRALS.—Section 402 of such 
Code is amended—
(1) in subsection (e)(3), by inserting ‘‘, an em-
ployer retirement savings account arrangement (as 
defined 
in 
section 
401A(b)),’’ 
after 
‘‘section 
401(k)(2))’’, and 
(2) in subsection (g)(3)(A), by inserting ‘‘, or 
an employer retirement savings account arrangement 
(as defined in section 401A(b)),’’ before ‘‘to the ex-
tent’’. 
(c) TERMINATION OF CONTRIBUTIONS TO OTHER 
PLANS.—
(1) 401(k) PLANS.—Section 401(k) of such 
Code is amended by adding at the end the following 
new paragraph: 
‘‘(13) TERMINATION.—This subsection shall not 
apply to any plan year beginning after December 31, 
2005.’’. 
(2) 
403(b) 
ANNUITY
CONTRACTS.—Section 
403(b) of such Code is amended by adding at the 
end the following new paragraph: 
‘‘(14) TERMINATION.—No elective deferral (as 
defined in section 402(g)(3)) may be contributed
under this subsection by an employer, and no 
amount may be transferred under an eligible roll-
over, for an annuity contract after December 31, 
2006.’’. 
(3) GOVERNMENTAL 457 PLANS.—Section 457 
of such Code is amended by adding at the end the 
following new subsection: 
‘‘(h) TERMINATION.—No amount may be deferred 
under this subsection under a plan maintained by an eligi-
ble employer described in subsection (e)(1)(A), and no 
amount may be transferred under an eligible rollover to 
an eligible deferred compensation plan maintained by such 
an employer, after December 31, 2006.’’. 
(4) SARSEPS.—Subparagraph (H) of section 
408(k)(6) of such Code is amended by adding at the 
end the following new sentence: ‘‘No amount may be 
contributed under this paragraph to a simplified em-
ployee pension by an employer, and no amount may 
be transferred to a simplified employee pension 
maintained under this paragraph under an eligible 
rollover, after December 31, 2006.’’. 
(5) SIMPLE IRAS.—Section 408(p) of such Code 
is amended by adding at the end the following new 
paragraph:
‘‘(11) TERMINATION.—No amount may be con-
tributed under this paragraph to a simple retirement 
account after December 31, 2006.’’. 
(d) OTHER CONFORMING CHANGES.— 
(1) Section 401 of such Code is amended by 
striking subsection (m). 
(2) Section 7701(j) of such Code (relating to 
tax treatment of Federal Thrift Savings Fund) is 
amended— 
(A) in paragraph (1)(C), by striking ‘‘sec-
tion 401(k)(4)(B)’’ and inserting ‘‘section 
401A(d)(1)’’, and 
(B) in paragraph (2), by striking ‘‘section 
401(k)’’ and inserting ‘‘section 401A’’. 
(3) The Secretary of the Treasury shall, not 
later than 90 days after the date of the enactment 
of this Act, submit such technical and other con-
forming changes as are necessary to carry out the 
amendments made by this section. 
(e) CLERICAL AMENDMENT.—The table of sections 
for subpart A of part 1 of subchapter D of chapter 1 of 
such Code is amended by inserting after the item relating 
to section 401 the following new item: 
‘‘Sec. 401A. Employer Retirement Savings Accounts.’’.
(f) EFFECTIVE DATE.—The amendments made by 
this section shall apply to years beginning after December 
31, 2005. 
(g) PROVISIONS
RELATING
TO
PLAN
AMEND-
MENTS.— 
(1) IN GENERAL.—If this subsection applies to 
any plan or contract amendment— 
(A) such plan or contract shall be treated 
as being operated in accordance with the terms 
of the plan during the period described in para-
graph (2)(C)(i), and 
(B) except as provided by the Secretary of 
the Treasury, such plan shall not fail to meet 
the requirements of section 401A of the Inter-
nal Revenue Code of 1986 by reason of such 
amendment. 
(2) AMENDMENTS
TO
WHICH
SECTION
AP-
PLIES.— 
(A) IN
GENERAL.—This subsection shall 
apply to any amendment to any plan or annuity 
contract which is made— 
(i) pursuant to any amendment made 
by this section, or pursuant to any regula-
tion issued by the Secretary of the Treas-
•HCON 400 EH 
dertaken by the Government of Venezuela to-
ward restoring airport security measures and 
controls that meet international standards of 
safety; and 
(F) the Secretary of State should provide 
to Congress not later than 180 days after the 
date of the adoption of this resolution a report 
on Venezuela’s compliance with its responsibil-
ities under international counternarcotics trea-
ties.
Passed the House of Representatives July 26, 2006. 
Attest:
Clerk.
ury or the Secretary of Labor under this 
section, and 
(ii) on or before the last day of the 
first plan year beginning on or after Janu-
ary 1, 2007. 
(B) GOVERNMENTAL PLAN.—In the case 
of a governmental plan (as defined in section 
414(d) of the Internal Revenue Code of 1986), 
subparagraph (A) shall be applied by sub-
stituting ‘‘2009’’ for ‘‘2007’’. 
(C) CONDITIONS.—This subsection shall 
not apply to any amendment unless— 
(i) during the period— 
(I) beginning on the date the leg-
islative or regulatory amendment de-
scribed in subparagraph (A)(i) takes 
effect (or in the case of a plan or con-
tract amendment not required by such 
legislative or regulatory amendment, 
the effective date specified by the 
plan), and 
(II) ending on the date described 
in subparagraph (A)(ii) (or, if earlier, 
the date the plan or contract amend-
ment is adopted), the plan or contract
is operated as if such plan or contract 
amendment were in effect; and 
(ii) such plan or contract amendment 
applies retroactively for such period. 
Æ