datamatters24/research-document-archive huggingface dataset:
I 
109TH CONGRESS 
2D SESSION 
H. R. 4742 
To amend title 35, United States Code, to allow the Director of the Patent 
and Trademark Office to waive statutory provisions governing patents 
and trademarks in certain emergencies. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 14, 2006 
Mr. SMITH of Texas (for himself, Mr. BERMAN, and Mr. GOODLATTE) intro-
duced the following bill; which was referred to the Committee on the Ju-
diciary 
A BILL 
To amend title 35, United States Code, to allow the Director 
of the Patent and Trademark Office to waive statutory 
provisions governing patents and trademarks in certain 
emergencies. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. WAIVER OF PATENT AND TRADEMARK RE-
QUIREMENTS IN CERTAIN EMERGENCIES. 
Section 2 of title 35, United States Code, is amended 
by adding at the end the following new subsection: 
‘‘(e) WAIVER OF REQUIREMENTS IN CERTAIN EMER-
GENCIES.—The Director may waive statutory provisions
governing the filing, processing, renewal, and maintenance 
of patents, trademark registrations, and applications 
therefor to the extent the Director deems necessary in 
order to protect the rights and privileges of applicants and 
other persons affected by an emergency or a major dis-
aster, as those terms are defined in section 102 of the 
Robert T. Stafford Disaster Relief and Emergency Assist-
ance Act (42 U.S.C. 5122). A decision not to exercise, or 
a failure to exercise, the waiver authority provided by this 
subsection shall not be subject to judicial review.’’. 
Æ
II 
109TH CONGRESS 
2D SESSION 
H. R. 4742 
IN THE SENATE OF THE UNITED STATES 
DECEMBER 6, 2006 
Received 
AN ACT 
To amend title 35, United States Code, to allow the Director 
of the Patent and Trademark Office to waive statutory 
provisions governing patents and trademarks in certain 
emergencies. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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HR 4742 RDS
SECTION 1. WAIVER OF PATENT AND TRADEMARK RE-
QUIREMENTS IN CERTAIN EMERGENCIES. 
Section 2 of title 35, United States Code, is amended 
by adding at the end the following new subsection: 
‘‘(e) WAIVER OF REQUIREMENTS IN CERTAIN EMER-
GENCIES.—The Director may waive statutory provisions 
governing the filing, processing, renewal, and maintenance 
of patents, trademark registrations, and applications 
therefor to the extent the Director deems necessary in 
order to protect the rights and privileges of applicants and 
other persons affected by an emergency or a major dis-
aster, as those terms are defined in section 102 of the 
Robert T. Stafford Disaster Relief and Emergency Assist-
ance Act (42 U.S.C. 5122). A decision not to exercise, or 
a failure to exercise, the waiver authority provided by this 
subsection shall not be subject to judicial review.’’. 
Passed the House of Representatives December 5, 
2006. 
Attest: 
KAREN L. HAAS, 
Clerk. 
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SEC. 2. ELDERLY AND DISABLED INDIVIDUALS RECEIVING 
IN-HOME CARE UNDER CERTAIN GOVERN-
MENT PROGRAMS NOT SUBJECT TO EMPLOY-
MENT TAX PROVISIONS. 
(a) IN GENERAL.—Chapter 25 (relating to general 
provisions relating to employment taxes) is amended by 
adding at the end the following new section: 
‘‘SEC. 3511. ELDERLY AND DISABLED INDIVIDUALS RECEIV-
ING IN-HOME CARE UNDER CERTAIN GOV-
ERNMENT PROGRAMS. 
‘‘(a) IN GENERAL.—In the case of amounts paid 
under a home care service program to a home care service 
provider by the fiscal administrator of such program— 
‘‘(1) the home care service recipient shall not be 
liable for the payment of any taxes imposed under 
this subtitle with respect to amounts paid for the 
provision of services under such program, and 
‘‘(2) the fiscal administrator shall be so liable. 
‘‘(b) DEFINITIONS.—For purposes of this section— 
‘‘(1) HOME
CARE
SERVICE
PROGRAM.—The 
term ‘home care service program’ means a State or 
local government program— 
‘‘(A) any portion of which is funded with 
Federal funds, and 
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IB 
Union Calendar No. 223 
109TH CONGRESS 
2D SESSION 
H. R. 4742 
[Report No. 109–408] 
To amend title 35, United States Code, to allow the Director of the Patent 
and Trademark Office to waive statutory provisions governing patents 
and trademarks in certain emergencies. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 14, 2006 
Mr. SMITH of Texas (for himself, Mr. BERMAN, and Mr. GOODLATTE) intro-
duced the following bill; which was referred to the Committee on the Ju-
diciary 
APRIL 5, 2006 
Committed to the Committee of the Whole House on the State of the Union 
and ordered to be printed 
A BILL 
To amend title 35, United States Code, to allow the Director 
of the Patent and Trademark Office to waive statutory 
provisions governing patents and trademarks in certain 
emergencies. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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HR 4742 RH 
SECTION 1. WAIVER OF PATENT AND TRADEMARK RE-
QUIREMENTS IN CERTAIN EMERGENCIES. 
Section 2 of title 35, United States Code, is amended 
by adding at the end the following new subsection: 
‘‘(e) WAIVER OF REQUIREMENTS IN CERTAIN EMER-
GENCIES.—The Director may waive statutory provisions 
governing the filing, processing, renewal, and maintenance 
of patents, trademark registrations, and applications 
therefor to the extent the Director deems necessary in 
order to protect the rights and privileges of applicants and 
other persons affected by an emergency or a major dis-
aster, as those terms are defined in section 102 of the 
Robert T. Stafford Disaster Relief and Emergency Assist-
ance Act (42 U.S.C. 5122). A decision not to exercise, or 
a failure to exercise, the waiver authority provided by this 
subsection shall not be subject to judicial review.’’. 
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Union Calendar No. 223 
109TH CONGRESS 
2D SESSION 
H. R. 4742 
[Report No. 109–408] 
A BILL 
To amend title 35, United States Code, to allow the 
Director of the Patent and Trademark Office to 
waive statutory provisions governing patents and 
trademarks in certain emergencies. 
APRIL 5, 2006 
Committed to the Committee of the Whole House on the 
State of the Union and ordered to be printed 
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‘‘(A) the status of the individual as a 
member of an active component or reserve com-
ponent or as a veteran; 
‘‘(B) the individual’s current or most re-
cent grade, rate, or rank; 
‘‘(C) the individual’s current or most re-
cent duty station or deployment status; and 
‘‘(D) the individual’s current or most re-
cent unit at a level below regiment (or the 
equivalent), numbered air force (or the equiva-
lent), or numbered fleet (or the equivalent). 
‘‘(9) Any other information, including grade 
point average, date of birth, academic or occupa-
tional assignments or interests, athletic or extra-
curricular interests, racial or ethnic background, or 
religious affiliation, that, in combination with infor-
mation specified in any of paragraphs (1) through 
(8), would serve to identify an individual. 
‘‘§ 1817. Office of the Victims’ Advocate: victim pro-
tection actions 
‘‘(a) ORDERS OF PROTECTION.—The Director of the 
Office of the Victims’ Advocate, when authorized by a vic-
tim of sexual misconduct, sexual assault, family violence, 
domestic violence, or stalking, shall assist the victim in 
obtaining from any military command a military no-con-
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tact order or from a court of appropriate jurisdiction an 
order of protection, respectively, to safeguard the victim 
from additional physical or emotional harm. 
‘‘(b) REMOVAL OF AN ALLEGED OFFENDER.—If the 
Director determines that it is appropriate to do so in order 
to ensure the safety of a victim, the Director may request 
from the appropriate commanding officer an order for the 
relocation or reassignment of an alleged offender who is 
a member of the armed forces during an investigation, dis-
ciplinary action, or court-martial in order to ensure the 
safety of a victim. 
‘‘§ 1818. Office of the Victims’ Advocate: victims advo-
cates whistleblower protections 
‘‘(a) WHISTLEBLOWER PROTECTIONS.—(1) No per-
son may restrict a victim advocate within the Department 
of Defense in communicating with a victim or survivor of 
domestic violence, sexual assault, family violence, or stalk-
ing. 
‘‘(2) Paragraph (1) does not apply to a communica-
tion that is unlawful. 
‘‘(b) PROHIBITION
OF RETALIATORY PERSONNEL 
ACTIONS.—No person may take or threaten to take an 
unfavorable personnel action, or withhold or threaten to 
withhold a favorable personnel action, against a victim ad-
vocate as a reprisal for— 
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I 
109TH CONGRESS 
2D SESSION 
H. R. 4743 
To amend part D of title XVIII of the Social Security Act to require 
prescription drug plans to provide enrollee notice of less expensive part 
D covered drugs that may be substituted for dispensed drugs. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 14, 2006 
Mr. FORD introduced the following bill; which was referred to the Committee 
on Energy and Commerce, and in addition to the Committee on Ways 
and Means, for a period to be subsequently determined by the Speaker, 
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned 
A BILL 
To amend part D of title XVIII of the Social Security 
Act to require prescription drug plans to provide enrollee 
notice of less expensive part D covered drugs that may 
be substituted for dispensed drugs. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. ENROLLEE NOTICE OF AVAILABILITY OF LESS 
EXPENSIVE COVERED PART D DRUG. 
(a) IN GENERAL.—Section 1860D–4(a) of the Social 
Security Act (42 U.S.C. 1395w–104(a)) is amended by 
adding at the end the following new paragraph:
‘‘(5) INFORMATION ON AVAILABILITY OF LESS 
EXPENSIVE COVERED PART D DRUGS.—If a PDP 
sponsor provides an explanation of benefits to an en-
rollee under a prescription drug plan with respect to 
a covered part D drug dispensed to the enrollee and 
there is another covered part D drug that could have 
been substituted for the drug dispensed and that has 
a lower level of cost-sharing to the enrollee, the 
sponsor shall provide the enrollee, as part of such 
explanation of benefits or otherwise, with the infor-
mation on— 
‘‘(A) the name of such drug; 
‘‘(B) the lower level of cost-sharing for 
such drug; and 
‘‘(C) the reduction in cost-sharing that 
would have resulted from the substitution of 
such drug.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply with respect to information re-
lating to drugs dispensed on or after the first day of the 
first month that begins more than 60 days after the date 
of the enactment of this Act. 
Æ
I 
109TH CONGRESS 
2D SESSION 
H. R. 4744 
To designate the Department of Veterans Affairs Outpatient Clinic in Tulsa, 
Oklahoma, as the Ernest Childers Department of Veterans Affairs Out-
patient Clinic. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 14, 2006 
Mr. SULLIVAN (for himself, Mr. LUCAS, Mr. COLE of Oklahoma, Mr. BOREN, 
and Mr. ISTOOK) introduced the following bill; which was referred to the 
Committee on Veterans’ Affairs 
A BILL 
To designate the Department of Veterans Affairs Outpatient 
Clinic in Tulsa, Oklahoma, as the Ernest Childers De-
partment of Veterans Affairs Outpatient Clinic. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. DESIGNATION OF ERNEST CHILDERS DEPART-
MENT OF VETERANS AFFAIRS OUTPATIENT 
CLINIC. 
(a) DESIGNATION.—The Department of Veterans Af-
fairs Outpatient Clinic in Tulsa, Oklahoma, shall after the 
date of the enactment of this Act be known and designated
as the ‘‘Ernest Childers Department of Veterans Affairs 
Outpatient Clinic’’. 
(b) REFERENCES.—Any reference in any law, regula-
tion, map, document, record, or other paper of the United 
States to the outpatient clinic referred to in subsection 
(a) shall be considered to be a reference to the Ernest 
Childers Department of Veterans Affairs Outpatient Clin-
ic. 
Æ
109TH CONGRESS 
2D SESSION 
H. R. 4745
AN ACT 
Making supplemental appropriations for fiscal year 2006 for 
the Small Business Administration’s disaster loans pro-
gram, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for fis-
cal year 2006: 
SMALL BUSINESS ADMINISTRATION 
DISASTER LOANS PROGRAM ACCOUNT 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for ‘‘Disaster Loans Pro-
gram Account’’ for the cost of direct loans authorized by 
section 7(b) of the Small Business Act, $712,000,000, to 
remain available until expended: Provided, That such 
costs, including the cost of modifying such loans, shall be 
as defined in section 502 of the Congressional Budget Act 
of 1974: Provided further, That the amount provided 
under this heading is hereby derived by transfer from the 
amount provided for ‘‘Disaster Relief’’ in Public Law 109–
62: Provided further, That the amount provided under this 
heading is designated as an emergency requirement pursu-
ant to section 402 of H. Con. Res. 95 (109th Congress), 
the concurrent resolution on the budget for fiscal year 
2006.
Passed the House of Representatives February 15, 
2006. 
Attest:
Clerk.
109TH CONGRESS 
2D SESSION 
H. R. 4745
AN ACT 
Making supplemental appropriations for fiscal year 
2006 for the Small Business Administration’s 
disaster loans program, and for other purposes.
H. R. 4745
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 
An Act 
Making supplemental appropriations for fiscal year 2006 for the Small Business 
Administration’s disaster loans program, and for other purposes.
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That the 
following sums are appropriated, out of any money in the Treasury 
not otherwise appropriated, for fiscal year 2006: 
SMALL BUSINESS ADMINISTRATION 
DISASTER LOANS PROGRAM ACCOUNT 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for ‘‘Disaster Loans Program Account’’ 
for the cost of direct loans authorized by section 7(b) of the Small 
Business Act, $712,000,000, to remain available until expended: 
Provided, That such costs, including the cost of modifying such 
loans, shall be as defined in section 502 of the Congressional Budget 
Act of 1974: Provided further, That the amount provided under 
this heading is hereby derived by transfer from the amount provided 
for ‘‘Disaster Relief’’ in Public Law 109–62: Provided further, That 
the amount provided under this heading is designated as an emer-
gency requirement pursuant to section 402 of H. Con. Res. 95 
(109th Congress), the concurrent resolution on the budget for fiscal 
year 2006.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
I 
109TH CONGRESS 
2D SESSION 
H. R. 4745 
Making supplemental appropriations for fiscal year 2006 for the Small 
Business Administration’s disaster loans program, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 14, 2006 
Mr. LEWIS of California introduced the following bill; which was referred to 
the Committee on Appropriations, and in addition to the Committee on 
the Budget, for a period to be subsequently determined by the Speaker, 
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned 
A BILL 
Making supplemental appropriations for fiscal year 2006 for 
the Small Business Administration’s disaster loans pro-
gram, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
That the following sums are appropriated, out of any 
money in the Treasury not otherwise appropriated, for fis-
cal year 2006:
HR 4745 IH 
SMALL BUSINESS ADMINISTRATION 
DISASTER LOANS PROGRAM ACCOUNT 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for ‘‘Disaster Loans Pro-
gram Account’’ for the cost of direct loans authorized by 
section 7(b) of the Small Business Act, $712,000,000, to 
remain available until expended: Provided, That such 
costs, including the cost of modifying such loans, shall be 
as defined in section 502 of the Congressional Budget Act 
of 1974: Provided further, That the amount provided 
under this heading is hereby derived by transfer from the 
amount provided for ‘‘Disaster Relief’’ in Public Law 109– 
62: Provided further, That the amount provided under this 
heading is designated as an emergency requirement pursu-
ant to section 402 of H. Con. Res. 95 (109th Congress), 
the concurrent resolution on the budget for fiscal year 
2006. 
Æ
II 
109TH CONGRESS 
2D SESSION 
H. R. 4745 
IN THE SENATE OF THE UNITED STATES 
FEBRUARY 15, 2006 
Received 
AN ACT 
Making supplemental appropriations for fiscal year 2006 for 
the Small Business Administration’s disaster loans pro-
gram, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
That the following sums are appropriated, out of any 
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HR 4745 RDS 
money in the Treasury not otherwise appropriated, for fis-
cal year 2006: 
SMALL BUSINESS ADMINISTRATION 
DISASTER LOANS PROGRAM ACCOUNT 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for ‘‘Disaster Loans Pro-
gram Account’’ for the cost of direct loans authorized by 
section 7(b) of the Small Business Act, $712,000,000, to 
remain available until expended: Provided, That such 
costs, including the cost of modifying such loans, shall be 
as defined in section 502 of the Congressional Budget Act 
of 1974: Provided further, That the amount provided 
under this heading is hereby derived by transfer from the 
amount provided for ‘‘Disaster Relief’’ in Public Law 109– 
62: Provided further, That the amount provided under this 
heading is designated as an emergency requirement pursu-
ant to section 402 of H. Con. Res. 95 (109th Congress), 
the concurrent resolution on the budget for fiscal year 
2006. 
Passed the House of Representatives February 15, 
2006. 
Attest: 
KAREN L. HAAS, 
Clerk. 
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(D) include documentation of any history 
of training between military entities, domestic 
violence, sexual assault, or stalking service pro-
viders, courts, law enforcement agencies, com-
munity-based programs, and other entities; 
(E) provide assurances that training and 
other activities will be provided to all types of 
staff, will address appropriate practices for in-
vestigation, follow-up, screening, intake, assess-
ment, and provision of services addressing the 
safety needs of victims of domestic violence, 
sexual assault, family violence, or stalking; 
(F) describe how the training and activities 
will enhance or ensure the safety and security 
of servicemembers, families, and partners where 
both domestic violence and sexual assault oc-
curs by providing appropriate resources, protec-
tion, and support to victims; 
(G) outline methods and means partici-
pating entities will use to ensure that all serv-
ices are provided in a linguistically and cul-
turally competent manner and will use commu-
nity-based supports and resources; and 
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383 
(3) the task of preserving the safety of the food 
supply of the United States faces tremendous pres-
sures with regard to— 
(A) emerging pathogens and other con-
taminants and the ability to detect all forms of 
contamination; 
(B) an increasing volume of imported food 
from a wide variety of countries; and 
(C) a shortage of adequate resources for 
monitoring and inspection; 
(4) according to the Economic Research Service 
of the Department of Agriculture, the United States 
is increasing the amount of food that it imports such 
that— 
(A) from 2003 to 2007, the value of food 
imports has increased from $45,600,000,000 to 
$64,000,000,000; and 
(B) imported food accounts for 13 percent 
of the average American diet including 31 per-
cent of fruits, juices, and nuts, 9.5 percent of 
red meat, and 78.6 percent of fish and shellfish; 
and 
(5) the number of full-time equivalent Food and 
Drug Administration employees conducting inspec-
tions has decreased from 2003 to 2007. 
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407 
section and govern the timely submission, review, clear-
ance, and disclaimer requirements for articles. 
‘‘(c) TIMING OF SUBMISSION FOR REVIEW.—If an of-
ficer or employee, including a Staff Fellow and a con-
tractor who performs staff work, of the Food and Drug 
Administration is directed by the policies established 
under subsection (b) to submit an article to the supervisor 
of such officer or employee, or to some other official of 
the Food and Drug Administration, for review and clear-
ance before such officer or employee may seek to publish 
or present such an article at a conference, such officer 
or employee shall submit such article for such review and 
clearance not less than 30 days before submitting the arti-
cle for publication or presentation. 
‘‘(d) TIMING FOR REVIEW AND CLEARANCE.—The 
supervisor or other reviewing official shall review such ar-
ticle and provide written clearance, or written clearance 
on the condition of specified changes being made, to such 
officer or employee not later than 30 days after such offi-
cer or employee submitted such article for review. 
‘‘(e) NON-TIMELY REVIEW.—If, 31 days after such 
submission under subsection (c), the supervisor or other 
reviewing official has not cleared or has not reviewed such 
article and provided written clearance, such officer or em-
ployee may consider such article not to have been cleared 
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