datamatters24/research-document-archive huggingface dataset:
I 
109TH CONGRESS 
1ST SESSION H. R. 3431 
To amend the Indian Gaming Regulatory Act to limit casino expansion. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 26, 2005 
Mr. DENT (for himself, Mr. EHLERS, Mr. PITTS, Mr. ROGERS of Michigan, 
Mr. AKIN, Mr. PLATTS, Mr. WOLF, Mr. GERLACH, Mr. SCHWARZ of 
Michigan, and Mr. CANTOR) introduced the following bill; which was re-
ferred to the Committee on Resources 
A BILL 
To amend the Indian Gaming Regulatory Act to limit casino 
expansion. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. LIMITATION ON INDIAN LAND ELIGIBLE FOR 
GAMING. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Limitation of Tribal Gambling to Existing Tribal Lands 
Act of 2005’’. 
(b) REPEAL
OF CERTAIN EXCEPTIONS.—Section 
20(b)(1) of the Indian Gaming Regulatory Act (25 U.S.C. 
2719(b)(1)) is amended—
(1) by striking subparagraph (B); 
(2) in subparagraph (A) by striking ‘‘; or’’ and 
inserting a period; and 
(3) by striking ‘‘Subsection (a) of this section’’ 
and all that follows through ‘‘(A) the Secretary’’ and 
inserting ‘‘Subsection (a) of this section will not 
apply when the Secretary’’. 
(c) APPROVAL
OF STATE LEGISLATURE.—Section 
20(b)(1)(A) of the Indian Gaming Regulatory Act (25 
U.S.C. 2719(b)(1)(A)) is amended by striking ‘‘only if the 
Governor’’ and inserting ‘‘only if the Governor and the leg-
islature’’. 
(d) APPLICABILITY.—The amendments made by this 
section shall take effect on the date of the enactment of 
this Act. Such amendments shall not apply to lands regu-
lated, on the date of the enactment of this Act, by a valid 
Tribal-State compact that was entered into under the In-
dian Gaming Regulatory Act before the date of the enact-
ment of this Act. 
Æ
SEC. 7. NEW SOURCE REVIEW UNDER THE CLEAN AIR ACT. 
Part A of title I of the Clean Air Act (42 U.S.C. 7401 
and following) is amended by adding the following new 
section at the end thereof: 
‘‘SEC. 132 NEW SOURCE REVIEW. 
‘‘In promulgating regulations respecting new source 
review under this Act, the Administrator shall include in 
such regulations provisions providing that routine mainte-
nance and repair shall not constitute a modification of an 
existing source requiring compliance with new source re-
view requirements. Such provisions shall provide that 
equipment replacement shall be considered routine mainte-
nance and repair if it meets each of the following require-
ments: 
‘‘(1) It does not increase actual emissions of 
any air pollutant by more than 5 percent. 
‘‘(2) It does not increase actual emissions of 
any air pollutant by more than 40 tons per year. 
Notwithstanding any other provision of this Act, no State 
may include in any State implementation plan any provi-
sions regarding new source review that are more stringent 
than those contained in the regulations of the Adminis-
trator under this section.’’.
SEC. 8. DISCOUNTED SALES OF ROYALTY-IN-KIND OIL TO 
QUALIFIED SMALL REFINERIES. 
(a) REQUIREMENT.—The Secretary of the Interior 
shall issue and begin implementing regulations by not 
later than 60 days after the date of the enactment of this 
Act, under which the Secretary shall charge a discounted 
price in any sale to a qualified small refinery of crude oil 
obtained by the United States as royalty-in-kind. 
(b) AMOUNT OF DISCOUNT.—The regulations shall 
provide that the amount of any discount applied pursuant 
to this section in any sale of crude oil to a qualified small 
refinery— 
(1) shall reflect the actual costs of transporting 
such oil from the point of origin to the qualified 
small refinery; and 
(2) shall not exceed $4.50 per barrel of oil sold. 
(c) TERMINATION OF DISCOUNT.—This section and 
any regulations issued under this section shall not apply 
on and after any date on which the Secretary of Energy 
determines that United States domestic refining capacity 
is sufficient. 
(d) QUALIFIED SMALL REFINERY.—In this section 
the term ‘‘qualified small refinery’’ means a refinery of 
a small business refiner (as that term is defined in section 
45H(c)(1) of the Internal Revenue Code of 1986) that
demonstrates to the Secretary of the Interior that it had 
unused crude oil processing capacity in 2004. 
SEC. 9. CONSTITUTIONAL AUTHORITY. 
The Constitutional authority on which this Act rests 
is the power of Congress to regulate Commerce among the 
several States as enumerated in Article I, Section 8, 
Clause 3 of the United States Constitution. 
Æ
(B) DEFINITIONS.—Section 4006(a)(3) of 
such Act (29 U.S.C. 1306(a)(3)) is amended by 
adding at the end the following new subpara-
graph: 
‘‘(G)(i) For purposes of this paragraph, a single-em-
ployer plan maintained by a contributing sponsor shall be 
treated as a new cash-or-deferred single-employer plan for 
each of its first 5 plan years if— 
‘‘(I) during the 36-month period ending on the 
date of the adoption of such plan, the sponsor or 
any member of such sponsor’s controlled group (or 
any predecessor of either) did not establish or main-
tain a plan to which this title applies with respect 
to which benefits were accrued for substantially the 
same employees as are in the new single-employer 
plan, and 
‘‘(II) throughout the period beginning with the 
date of the adoption of the plan and ending with the 
first date of such plan year, the plan has formed a 
part of an eligible combined plan (as defined in sec-
tion 210(e)(2)(A)). 
‘‘(ii)(I) For purposes of this paragraph, the term 
‘small employer’ for a plan year means an employer which 
on the first day of the plan year has, in aggregation with
all members of the controlled group of such employer, 500 
or fewer employees. 
‘‘(II) In the case of a plan maintained by two or more 
contributing sponsors that are not part of the same con-
trolled group, the employees of all contributing sponsors 
and controlled groups of such sponsors shall be aggregated 
for purposes of determining whether any contributing 
sponsor is a small employer.’’. 
(b) AMENDMENTS OF INTERNAL REVENUE CODE.— 
(1) IN GENERAL.—Section 414 of the Internal 
Revenue Code of 1986 is amended by adding at the 
end the following new subsection: 
‘‘(w) SPECIAL RULES FOR ELIGIBLE COMBINED DE-
FINED BENEFIT PLANS AND QUALIFIED CASH OR DE-
FERRED ARRANGEMENTS.— 
‘‘(1) GENERAL RULE.—Except as provided in 
this subsection, in the case of any defined benefit 
plan or applicable defined contribution plan forming 
a part of an eligible combined plan, the requirements 
of this title shall be applied to such defined benefit 
plan or applicable defined contribution plan in the 
same manner as if such plan were not a part of the 
eligible combined plan. 
‘‘(2) ELIGIBLE
COMBINED
PLAN.—For pur-
poses of this subsection—
I 
109TH CONGRESS 
1ST SESSION H. R. 3432 
To create a system of background checks for certain workers who enter 
people’s homes, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 26, 2005 
Mr. ANDREWS introduced the following bill; which was referred to the 
Committee on Energy and Commerce 
A BILL 
To create a system of background checks for certain workers 
who enter people’s homes, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Domestic Consumer 
Safety Act of 2005’’. 
SEC. 2. BACKGROUND CHECKS FOR PEOPLE WHO WORK IN 
HOMES. 
The Federal Trade Commission shall make rules, on 
the record after opportunity for an agency hearing, to as-
sure that businesses in commerce that send employees into
people’s homes perform adequate and appropriate back-
ground checks on those employees. 
SEC. 3. SANCTIONS. 
Whoever violates a rule made by the Federal Trade 
Commission under section 2 shall be liable for a civil pen-
alty of not more than $1,000,000. 
SEC. 4. DEFINITION. 
As used in this Act, the term ‘‘business in commerce’’ 
means a business that is in or affects interstate or foreign 
commerce. 
Æ
‘‘(B) in addition to communications under 
subparagraph (A), also includes any informa-
tion that provides the client’s identity or that 
provides any clue that can be used to help de-
duce the client’s identity, such as— 
‘‘(i) a first or last name; 
‘‘(ii) a home or other physical address, 
including street name and name of city or 
town; 
‘‘(iii) active duty, reservist, guard, or 
veteran status; 
‘‘(iv) assigned rate or rank; 
‘‘(v) duty station or deployment sta-
tus; 
‘‘(vi) squad, unit, company, platoon, 
ship, squadron, wing command, fleet, com-
mand, or battalion of the Army, Navy, Ma-
rine Corps, or Air Force; 
‘‘(vii) an email address or other online 
contact information, such as an instant 
messaging user identifier or a screen name 
that reveals an individual’s email address; 
‘‘(viii) a telephone number; 
‘‘(ix) a Social Security Number;
‘‘(f) NON-EFFECT OF THIS RULE ON OTHER EVI-
DENTIARY PRIVILEGES.—This rule shall not affect the ap-
plicability or enforceability of other recognized evidentiary 
privileges that, pursuant to rule 501, may be applicable 
and enforceable in any proceeding governed by these 
rules.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
for the Federal Rules of Evidence is amended by after the 
item relating to rule 501 the following new item:
‘‘Rule 502. Parent-child privilege.’’.
(c) EFFECT
OF AMENDMENTS.—The amendments 
made by this Act shall apply with respect to communica-
tions made before, on, or after the date of the enactment 
of this Act.
Æ
‘‘(x) an Internet Protocol (IP) address 
or host name that identifies an individual; 
‘‘(xi) a persistent identifier, such as a 
customer number held in a cookie or proc-
essor serial number, that is combined with 
other available data that identifies an indi-
vidual; or 
‘‘(xii) any other descriptive informa-
tion, such as grade point average, date of 
birth, academic or occupational assign-
ments or interests, athletic or extra-
curricular interests, racial or ethnic back-
ground, or religious affiliation. 
‘‘(c) WHO MAY CLAIM THE PRIVILEGE.—The privi-
lege may be claimed by the client or the guardian or con-
servator of the client. A person who may claim the privi-
lege may authorize trial counsel or defense counsel to 
claim the privilege on his or her behalf. The victim service 
organization, health care professional, or representative 
who received the communication may claim the privilege 
on behalf of the client. The authority of such an organiza-
tion, professional, representative, guardian, or conservator 
to so assert the privilege is presumed in the absence of 
evidence to the contrary.
‘‘(d) EXCEPTIONS.—There is no privilege under this 
section— 
‘‘(1) when the client is dead; 
‘‘(2) to the extent the communication reports 
child abuse; 
‘‘(3) when a victim service organization, health 
care professional, or representative believes that a 
client’s mental or emotional condition makes the cli-
ent a danger to any person, including the client; or 
‘‘(4) if the communication clearly contemplated 
the future commission of a fraud or crime or if the 
services of the victim service organization or health 
care professional are sought or obtained to enable or 
aid anyone to commit or plan to commit what the 
client knew or reasonably should have known to be 
a crime or fraud.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such subchapter is amend-
ed by adding at the end the following new item: 
‘‘941. 141. Privilege for communication with victim service organization or 
health care professional.’’. 
(b) APPLICABILITY.—Section 941 of title 10, United 
States Code, as added by subsection (a), applies to com-
munications made after the date of the enactment of this 
Act. 
Æ
‘‘(A) IN
GENERAL.—The term ‘eligible 
combined plan’ means a plan— 
‘‘(i) which consists of a defined ben-
efit plan and an applicable defined con-
tribution plan, 
‘‘(ii) the assets of which are held in a 
single trust forming part of the plan and 
are clearly identified and allocated to the 
defined benefit plan and the applicable de-
fined contribution plan to the extent nec-
essary for the separate application of this 
title under paragraph (1), and 
‘‘(iii) with respect to which the ben-
efit, contribution, vesting, and distribution 
requirements of subparagraphs (B), (C), 
(D), and (E) are met. 
‘‘(B) BENEFIT REQUIREMENTS.— 
‘‘(i) IN
GENERAL.—The benefit re-
quirements of this subparagraph are met 
with respect to the defined benefit plan 
forming part of the eligible combined plan 
if the accrued benefit of each participant 
derived from employer contributions, when 
expressed as an annual retirement benefit, 
is not less than the applicable percentage
of the participant’s final average pay. For 
purposes of this clause, final average pay 
shall be determined using the period of 
consecutive years (not exceeding 5) during 
which the participant had the greatest ag-
gregate compensation from the employer. 
‘‘(ii) APPLICABLE PERCENTAGE.—For 
purposes of clause (i), the applicable per-
centage is the lesser of— 
‘‘(I) 1 percent multiplied by the 
number of years of service with the 
employer, or 
‘‘(II) 20 percent. 
‘‘(iii) SPECIAL RULE FOR CASH BAL-
ANCE PLANS.— 
‘‘(I) IN
GENERAL.—If the de-
fined benefit plan under clause (i) is 
a cash balance plan, the plan shall be 
treated as meeting the requirements 
of clause (i) with respect to any plan 
year if the employer contribution to 
the hypothetical account balance ex-
pressed as a percentage of the partici-
pant’s compensation for the year is 
equal to the percentage of compensa-
tion determined in accordance with 
the following table: 
‘‘If the participant’s age as of the 
beginning of the year is— 
The percentage is— 
30 or less ..................................................................................
Over 30 but less than 40 .........................................................
40 or over but less than 50 .....................................................
50 or over .................................................................................
8. 
‘‘(II) CASH BALANCE PLAN DE-
FINED.—For purposes of subclause 
(I), a cash balance plan is a defined 
benefit plan that defines an employ-
ee’s benefits by reference to the em-
ployee’s hypothetical account. Such 
hypothetical account is determined by 
reference, first, to hypothetical con-
tribution allocations, and, second, to 
hypothetical interest credits (on an 
annual or more frequent basis). The 
right to future interest credits are de-
termined without regard to future 
service. 
‘‘(III) NO
PREDECESSOR
DE-
FINED
BENEFIT
PLAN.—Notwith-
standing subclause (I), the require-
ments of clause (i) shall not be treat-
ed as met if, during the 3-year period 
immediately preceding the effective
I 
109TH CONGRESS 
1ST SESSION H. R. 3434 
To amend title 38, United States Code, to establish a presumption of service- 
connection for certain veterans with Hepatitis C, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 26, 2005 
Mr. ANDREWS introduced the following bill; which was referred to the 
Committee on Veterans’ Affairs 
A BILL 
To amend title 38, United States Code, to establish a pre-
sumption of service-connection for certain veterans with 
Hepatitis C, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. PRESUMPTION OF SERVICE-CONNECTION FOR 
CERTAIN VETERANS WITH HEPATITIS C. 
(a) PRESUMPTION.—Section 1112 of title 38, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘(d)(1) For the purposes of section 1110 of this title, 
and subject to the provisions of section 1113 of this title, 
the disease Hepatitis C becoming manifest to a degree of
10 percent or more in any veteran described in paragraph 
(2) after active military, naval, or air service covered by 
that paragraph shall be considered to have been incurred 
in or aggravated by such service, notwithstanding that 
there is no record of evidence of that disease during such 
service. 
‘‘(2) Paragraph (1) applies in the case of the fol-
lowing: 
‘‘(A) Veterans who received during a period of 
service before December 31, 1992, a transfusion of 
blood or blood products. 
‘‘(B) Veterans who were exposed to blood on or 
through the skin or a mucous membrane during a 
period of service. 
‘‘(C) Veterans who underwent hemodyalisis dur-
ing a period of service. 
‘‘(D) Veterans who experienced a needle-stick 
accident or medical event involving a needle, not due 
to the veteran’s own willful misconduct, during a pe-
riod of service. 
‘‘(E) Veterans diagnosed with unexplained liver 
disease during a period of service. 
‘‘(F) Veterans who experienced an unexplained 
liver dysfunction value or test during a period of 
service.
‘‘(G) Veterans who served in a health-care posi-
tion or specialty during a period of service under 
such circumstances as the Secretary shall prescribe 
for purposes of this subsection.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on the date of the enact-
ment of this Act. No benefit may be paid or provided by 
reason of that amendment for any period before such date. 
Æ
HR 3838 IH1S 
(8) Pricing policies of individual companies in 
the petroleum and natural gas industries, actual cost 
figures for fuel and natural gas transactions, and in-
formation regarding decisions by companies to re-
duce or expand refining capacity. 
SEC. 103. COMPOSITION OF COMMISSION. 
(a) MEMBERS.—The Commission shall be composed 
of 10 members, of whom— 
(1) 1 member shall be appointed by the Presi-
dent; 
(2) 1 member shall be jointly appointed by the 
minority leader of the Senate and the minority lead-
er of the House of Representatives; 
(3) 2 members shall be appointed by the major-
ity leader of the Senate; 
(4) 2 members shall be appointed by the Speak-
er of the House of Representatives; 
(5) 2 members shall be appointed by the minor-
ity leader of the Senate; and 
(6) 2 members shall be appointed by the minor-
ity leader of the House of Representatives. 
(b) QUALIFICATIONS; INITIAL MEETING.— 
(1) NONGOVERNMENTAL APPOINTEES.—An in-
dividual appointed to the Commission may not be an
I 
109TH CONGRESS 
1ST SESSION H. R. 3438 
To provide that the Secretary of Education may give preference, in the 
distribution of certain grants under the Individuals with Disabilities 
Education Act, to local educational agencies and certain public or private 
nonprofit organizations that provide training to regular education per-
sonnel to meet the needs of children with disabilities. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 26, 2005 
Mr. CUMMINGS introduced the following bill; which was referred to the 
Committee on Education and the Workforce 
A BILL 
To provide that the Secretary of Education may give pref-
erence, in the distribution of certain grants under the 
Individuals with Disabilities Education Act, to local edu-
cational agencies and certain public or private nonprofit 
organizations that provide training to regular education 
personnel to meet the needs of children with disabilities. 
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 ‘‘Teacher Training Ex-
pansion Act of 2005’’.
SEC. 2. PREFERENCES ALLOWED IN DISTRIBUTION OF CER-
TAIN GRANTS. 
Section 662(f)(3) of the Individuals with Disabilities 
Education Act (20 U.S.C. 1462(f)(3)) is amended to read 
as follows: 
‘‘(3) PREFERENCES.—In selecting eligible enti-
ties for assistance under this section, the Secretary 
may give preference to— 
‘‘(A) institutions of higher education that 
are educating regular education personnel to 
meet the needs of children with disabilities in 
integrated settings; 
‘‘(B) institutions of higher education that 
are educating special education personnel to 
work in collaboration with regular educators in 
integrated settings; 
‘‘(C) institutions of higher education that 
are successfully recruiting and preparing indi-
viduals with disabilities and individuals from 
groups that are underrepresented in the profes-
sion for which the institution of higher edu-
cation is preparing individuals; 
‘‘(D) eligible entities described in subpara-
graphs (B), (E), and (F) of section 661(b) that 
are providing training to regular education per-
sonnel to meet the needs of children with dis-
abilities in integrated settings; and 
‘‘(E) eligible entities described in subpara-
graphs (B), (E), and (F) of section 661(b) that 
are providing training to regular education per-
sonnel to work in collaboration with special edu-
cation personnel in integrated settings.’’. 
Æ
HR 3838 IH1S 
officer or employee of the Federal Government or 
any State or local government. 
(2) OTHER QUALIFICATIONS.—Individuals ap-
pointed to the Commission should be prominent 
United States citizens, with national recognition and 
significant depth of experience in such professions as 
governmental service, public administration, govern-
ment contracting, economics, emergency response, 
and energy policy. 
(3) DEADLINE FOR APPOINTMENT.—All mem-
bers of the Commission shall be appointed within 21 
days following the date of the enactment of this Act. 
(4) CHAIRMAN
AND
VICE
CHAIRMAN.—The 
chairman and vice chairman of the Commission shall 
be elected by a majority vote of the members. 
(5) MEETINGS.—The Commission shall meet 
and begin the operations of the Commission as soon 
as practicable. After its initial meeting, the Commis-
sion shall meet upon the call of the chairman or a 
majority of its members. 
(c) QUORUM; VACANCIES.—Six members of the Com-
mission shall constitute a quorum. Any vacancy in the 
Commission shall not affect its powers, but shall be filled 
in the same manner in which the original appointment was 
made.
HR 3838 IH1S 
(d) CONFLICTS OF INTEREST.— 
(1) FINANCIAL
DISCLOSURE.—Each member 
appointed to the Commission shall submit a finan-
cial disclosure report pursuant to the Ethics in Gov-
ernment Act of 1978, notwithstanding the minimum 
required rate of compensation or time period em-
ployed. 
(2) INDEPENDENCE FROM SUBJECTS OF INVES-
TIGATIONS.—Each member appointed to the Com-
mission shall be independent of any agency, indi-
vidual, or institution that may be the subject of in-
vestigation by the Commission. 
SEC. 104. POWERS OF COMMISSION. 
(a) IN GENERAL.— 
(1) HEARINGS AND EVIDENCE.—The Commis-
sion or, on the authority of the Commission, any 
subcommittee or member thereof, may, for the pur-
pose of carrying out this title— 
(A) hold such hearings and sit and act at 
such times and places, take such testimony, re-
ceive such evidence, administer such oaths; and 
(B) subject to paragraph (2)(A), require, 
by subpoena or otherwise, the attendance and 
testimony of such witnesses and the production
HR 3838 IH1S 
of such books, records, correspondence, memo-
randa, papers, and documents, 
as the Commission or such designated subcommittee 
or designated member may determine advisable. 
(2) SUBPOENAS.— 
(A) ISSUANCE.— 
(i) IN GENERAL.—A subpoena may be 
issued under this subsection only— 
(I) by the agreement of the 
chairman and the vice chairman; or 
(II) by the affirmative vote of 6 
members of the Commission. 
(ii) SIGNATURE.—Subject to clause 
(i), subpoenas issued under this subsection 
may be issued under the signature of the 
chairman or any member designated by a 
majority of the Commission, and may be 
served by any person designated by the 
chairman or by a member designated by a 
majority of the Commission. 
(B) ENFORCEMENT.— 
(i) IN GENERAL.—In the case of con-
tumacy or failure to obey a subpoena 
issued under this subsection, the United 
States district court for the judicial district