datamatters24/research-document-archive huggingface dataset:
449 
other marine transportation solutions for regional 
and interstate transport of freight and passengers in 
their transportation planning; and 
‘‘(3) encourage groups of States and multi- 
State transportation entities to determine how short 
sea transportation can address congestion, bottle-
necks, and other interstate transportation chal-
lenges. 
‘‘§ 55602. Cargo and shippers 
‘‘(a) MEMORANDUMS
OF AGREEMENT.—The Sec-
retary of Transportation shall enter into memorandums 
of understanding with the heads of other Federal entities 
to transport federally owned or generated cargo using a 
short sea transportation project designated under section 
55601 when practical or available. 
‘‘(b) SHORT-TERM
INCENTIVES.—The Secretary 
shall consult shippers and other participants in transpor-
tation logistics and develop proposals for short-term incen-
tives to encourage the use of short sea transportation. 
‘‘§ 55603. Financing of short sea transportation 
projects 
‘‘(a) AUTHORITY TO MAKE LOAN GUARANTEE.—The 
Secretary of Transportation, subject to the availability of 
appropriations, may make a loan guarantee for the financ-
ing of the construction, reconstruction, or reconditioning 
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108TH CONGRESS
1ST SESSION
H. R. 3087
AN ACT
To provide an extension of highway, highway safety, motor
carrier safety, transit, and other programs funded out
of the Highway Trust Fund pending enactment of a
law reauthorizing the Transportation Equity Act for the
21st Century.
108TH CONGRESS
2D SESSION
H. R. 3104
AN ACT
To provide for the establishment of separate cam-
paign medals to be awarded to members of the
uniformed services who participate in Operation
Enduring Freedom and to members of the uni-
formed services who participate in Operation
Iraqi Freedom.
456 
‘‘(7) ‘navigable waters’ includes the territorial 
sea of the United States (as defined in Presidential 
Proclamation 5928 of December 27, 1988) and the 
internal waters of the United States;’’. 
SEC. 8453. APPLICABILITY. 
Section 3 (33 U.S.C. 1902) is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘and’’ at the end of para-
graph (3); 
(B) by striking the period at the end of 
paragraph (4) and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(5) with respect to Annex VI to the Conven-
tion, and other than with respect to a ship referred 
to in paragraph (1)— 
‘‘(A) to a ship that is in a port, shipyard, 
offshore terminal, or the internal waters of the 
United States; 
‘‘(B) to a ship that is bound for, or depart-
ing from, a port, shipyard, offshore terminal, or 
the internal waters of the United States, and is 
in— 
‘‘(i) the navigable waters of the 
United States; 
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457 
‘‘(ii) an emission control area des-
ignated pursuant to section 4; or 
‘‘(iii) any other area that the Admin-
istrator, in consultation with the Secretary 
and each State that is adjacent to any part 
of the proposed area, has designated by 
order as being an area from which emis-
sions from ships are of concern with re-
spect to protection of public health, wel-
fare, or the environment; 
‘‘(C) to a ship that is entitled to fly the 
flag of, or operating under the authority of, a 
party to Annex VI, and is in— 
‘‘(i) the navigable waters of the 
United States; 
‘‘(ii) an emission control area des-
ignated under section 4; or 
‘‘(iii) any other area that the Admin-
istrator, in consultation with the Secretary 
and each State that is adjacent to any part 
of the proposed area, has designated by 
order as being an area from which emis-
sions from ships are of concern with re-
spect to protection of public health, wel-
fare, or the environment; and 
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280 
Act (42 U.S.C. 12704), except that any ref-
erence in such section to assistance under 
title II of such Act shall for purposes of this 
section be considered to refer to assistance 
from 
affordable 
housing 
fund 
grant 
amounts; 
‘‘(B) has an initial purchase price that 
meets the requirements of section 215(b)(1) of the 
Cranston-Gonzalez National Affordable Housing 
Act; 
‘‘(C) is subject to the same resale restric-
tions established under section 215(b)(3) of the 
Cranston-Gonzalez National Affordable Housing 
Act and applicable to the participating jurisdic-
tion that is the State in which such housing is 
located; and 
‘‘(D) is made available for purchase only 
by, or in the case of assistance under this para-
graph, is made available only to, homebuyers 
who have, before purchase— 
‘‘(i) completed a program of counseling 
with respect to the responsibilities and fi-
nancial management involved in home-
ownership that is approved by the Director; 
except that the Director may, at the request
108TH CONGRESS
2D SESSION
H. R. 3104
AN ACT
To provide for the establishment of separate campaign med-
als to be awarded to members of the uniformed services
who participate in Operation Enduring Freedom and to
members of the uniformed services who participate in
Operation Iraqi Freedom.
108TH CONGRESS
2D SESSION
H. R. 3124
AN ACT
To designate the facility of the United States Geo-
logical Survey and the United States Bureau of
Reclamation located at 230 Collins Road, Boise,
Idaho, as the ‘‘F.H. Newell Building’’.
HR 3222 RH 
OTHER PROCUREMENT, ARMY 
For construction, procurement, production, and 
modification of vehicles, including tactical, support, and 
non-tracked combat vehicles; the purchase of passenger 
motor vehicles for replacement only; communications and 
electronic equipment; other support equipment; spare 
parts, ordnance, and accessories therefor; specialized 
equipment and training devices; expansion of public and 
private plants, including the land necessary therefor, for 
the foregoing purposes, and such lands and interests 
therein, may be acquired, and construction prosecuted 
thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools 
in public and private plants; reserve plant and Govern-
ment and contractor-owned equipment layaway; and other 
expenses 
necessary 
for 
the 
foregoing 
purposes, 
$11,217,945,000, to remain available for obligation until 
September 30, 2010. 
AIRCRAFT PROCUREMENT, NAVY 
For construction, procurement, production, modifica-
tion, and modernization of aircraft, equipment, including 
ordnance, spare parts, and accessories therefor; specialized 
equipment; expansion of public and private plants, includ-
ing the land necessary therefor, and such lands and inter-
ests therein, may be acquired, and construction prosecuted 
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jlentini on PROD1PC65 with BILLS
281 
of a State, waive the requirements of this 
subparagraph with respect to a geographic 
area or areas within the State if: (I) the 
travel time or distance involved in pro-
viding counseling with respect to such area 
or areas, as otherwise required under this 
subparagraph, on an in-person basis is ex-
cessive or the cost of such travel is prohibi-
tive; and (II) the State provides alternative 
forms of counseling for such area or areas, 
which may include interactive telephone 
counseling, on-line counseling, interactive 
video counseling, and interactive home 
study counseling and a program of finan-
cial literacy and education to promote an 
understanding of consumer, economic, and 
personal finance issues and concepts, in-
cluding saving for retirement, managing 
credit, long-term care, and estate planning 
and education on predatory lending, iden-
tity theft, and financial abuse schemes re-
lating to homeownership that is approved 
by the Director, except that entities pro-
viding such counseling shall not discrimi-
HR 3222 RH 
thereon prior to approval of title; and procurement and 
installation of equipment, appliances, and machine tools 
in public and private plants; reserve plant and Govern-
ment 
and 
contractor-owned 
equipment 
layaway, 
$12,470,280,000, to remain available for obligation until 
September 30, 2010. 
WEAPONS PROCUREMENT, NAVY 
For construction, procurement, production, modifica-
tion, and modernization of missiles, torpedoes, other weap-
ons, and related support equipment including spare parts, 
and accessories therefor; expansion of public and private 
plants, including the land necessary therefor, and such 
lands and interests therein, may be acquired, and con-
struction prosecuted thereon prior to approval of title; and 
procurement and installation of equipment, appliances, 
and machine tools in public and private plants; reserve 
plant and Government and contractor-owned equipment 
layaway, $2,928,126,000, to remain available for obliga-
tion until September 30, 2010. 
PROCUREMENT OF AMMUNITION, NAVY AND MARINE 
CORPS 
For construction, procurement, production, and 
modification of ammunition, and accessories therefor; spe-
cialized equipment and training devices; expansion of pub-
lic and private plants, including ammunition facilities, au-
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108TH CONGRESS
2D SESSION
H. R. 3124
AN ACT
To designate the facility of the United States Geological
Survey and the United States Bureau of Reclamation
located at 230 Collins Road, Boise, Idaho, as the ‘‘F.H.
Newell Building’’.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
201 
(3) clearly defined responsibilities and deadlines 
for States in implementing any corrective action 
plans. 
(d) OPTION FOR APPLICATION OF DATA FOR CER-
TAIN STATES UNDER THE INTERIM FINAL RULE.— 
(1) OPTION FOR STATES IN FIRST APPLICATION 
CYCLE.—After the final rule implementing the 
PERM requirements in accordance with the require-
ments of subsection (c) is in effect for all States, a 
State for which the PERM requirements were first 
in effect under an interim final rule for fiscal year 
2007 may elect to accept any payment error rate de-
termined in whole or in part for the State on the 
basis of data for that fiscal year or may elect to not 
have any payment error rate determined on the basis 
of such data and, instead, shall be treated as if fiscal 
year 2010 were the first fiscal year for which the 
PERM requirements apply to the State. 
(2) OPTION FOR STATES IN SECOND APPLICA-
TION CYCLE.—If such final rule is not in effect for 
all States by July 1, 2008, a State for which the 
PERM requirements were first in effect under an in-
terim final rule for fiscal year 2008 may elect to ac-
cept any payment error rate determined in whole or 
in part for the State on the basis of data for that 
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282 
nate against any particular form of hous-
ing; and 
‘‘(ii) demonstrated, in accordance with 
regulations as the Director shall issue set-
ting forth requirements for sufficient evi-
dence, that they are lawfully present in the 
United States; and 
‘‘(3) public infrastructure development activities 
in connection with housing activities funded under 
paragraph (1) or (2). 
‘‘(h) ELIGIBLE RECIPIENTS.—Affordable housing fund 
grant amounts of a grantee may be provided only to a re-
cipient that is an organization, agency, or other entity (in-
cluding a for-profit entity, a nonprofit entity, and a faith- 
based organization) that— 
‘‘(1) has demonstrated experience and capacity 
to conduct an eligible activity under (g), as evidenced 
by its ability to— 
‘‘(A) own, construct or rehabilitate, manage, 
and operate an affordable multifamily rental 
housing development; 
‘‘(B) design, construct or rehabilitate, and 
market affordable housing for homeownership;
361 
HR 3221 PCS
the time the Secretary has prescribed for such a hearing 
and who is aggrieved by a final order of the Secretary 
under this section may seek review of such order in the 
United States district court for the judicial district in 
which the violation allegedly took place. Review by the dis-
trict court shall be de novo. Such an action shall be barred 
unless filed within 90 days after the Secretary’s final 
order. 
‘‘(j) FAILURE TO PAY.—If any person fails to pay 
an assessment of a civil penalty under this Act— 
‘‘(1) after the order making the assessment has 
become a final order and if such person does not file 
a petition for judicial review of the order in accord-
ance with subsection (j); or 
‘‘(2) after a court in an action brought under 
subsection (j) has entered a final judgment in favor 
of the Secretary, 
the court shall have jurisdiction to award the amount as-
sessed plus interest from the date of the expiration of the 
90-day period referred to in subsection (j). Judgment by 
the court shall include an order to pay. 
‘‘(k) RELATIONSHIP TO MINERAL LEASING ACT.— 
No person shall be liable for a civil penalty under sub-
section (a) or (b) for failure to pay any rental for any 
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362 
HR 3221 PCS
lease automatically terminated pursuant to section 31 of 
the Mineral Leasing Act. 
‘‘(l) TOLLING OF STATUTES OF LIMITATION.—(1) 
Any determination by the Secretary or a designee of the 
Secretary that a person has violated subsection (a), (b)(2), 
or (b)(4) shall toll any applicable statute of limitations for 
all oil and gas leases held or operated by such person, until 
the later of— 
‘‘(A) the date on which the person corrects the 
violation and certifies that all violations of a like na-
ture have been corrected for all of the oil and gas 
leases held or operated by such person; or 
‘‘(B) the date a final, nonappealable order has 
been issued by the Secretary or a court of competent 
jurisdiction. 
‘‘(2) A person determined by the Secretary or a des-
ignee of the Secretary to have violated subsection (a), 
(b)(2), or (b)(4) shall maintain all records with respect 
to the person’s oil and gas leases until the later of— 
‘‘(A) the date the Secretary releases the person 
from the obligation to maintain such records; and 
‘‘(B) the expiration of the period during which 
the records must be maintained under section 
103(b). 
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HR 3222 RH 
cordance with the Department’s Financial Manage-
ment Modernization Plan. The Under Secretary of 
Defense (Comptroller) may require additional certifi-
cations, as appropriate, with respect to any such sys-
tem. 
(2) The Chief Information Officer shall provide 
the congressional defense committees timely notifica-
tion of certifications under paragraph (1). 
(c) CERTIFICATIONS
AS
TO
COMPLIANCE
WITH 
CLINGER-COHEN ACT.— 
(1) During the current fiscal year, a major 
automated information system may not receive Mile-
stone A approval, Milestone B approval, or full rate 
production approval, or their equivalent, within the 
Department of Defense until the Chief Information 
Officer certifies, with respect to that milestone, that 
the system is being developed in accordance with the 
Clinger-Cohen Act of 1996 (40 U.S.C. 1401 et seq.). 
The Chief Information Officer may require addi-
tional certifications, as appropriate, with respect to 
any such system. 
(2) The Chief Information Officer shall provide 
the congressional defense committees timely notifica-
tion of certifications under paragraph (1). Each 
such notification shall include a statement con-
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767 
of the loan to be guaranteed in accordance with the 
terms of the loan; and 
(3) the loan bears interest at a rate determined 
by the Secretary to be reasonable, taking into ac-
count the current average yield on outstanding obli-
gations of the United States with remaining periods 
of maturity comparable to the maturity of the loan. 
(c) CRITERIA.—In selecting recipients of loan guar-
antees from among applicants, the Secretary shall give 
preference to proposals that— 
(1) meet all applicable Federal and State per-
mitting requirements; 
(2) are most likely to be successful; and 
(3) are located in local markets that have the 
greatest need for the facility. 
(d) MATURITY.—A loan guaranteed under subsection 
(a) shall have a maturity of not more than 20 years. 
(e) TERMS AND CONDITIONS.—The loan agreement 
for a loan guaranteed under subsection (a) shall provide 
that no provision of the loan agreement may be amended 
or waived without the consent of the Secretary. 
(f) ASSURANCE
OF REPAYMENT.—The Secretary 
shall require that an applicant for a loan guarantee under 
subsection (a) provide an assurance of repayment in the 
form of a performance bond, insurance, collateral, or other 
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219 
2001)’’ in paragraph (2) and inserting ‘‘$104.9999 
cents per thousand’’. 
(c) CIGARETTE PAPERS.—Section 5701(c) of such 
Code is amended by striking ‘‘1.22 cents (1.06 cents on 
cigarette papers removed during 2000 or 2001)’’ and in-
serting ‘‘3.13 cents’’. 
(d) CIGARETTE TUBES.—Section 5701(d) of such 
Code is amended by striking ‘‘2.44 cents (2.13 cents on 
cigarette tubes removed during 2000 or 2001)’’ and in-
serting ‘‘6.26 cents’’. 
(e) SMOKELESS TOBACCO.—Section 5701(e) of such 
Code is amended— 
(1) by striking ‘‘58.5 cents (51 cents on snuff 
removed during 2000 or 2001)’’ in paragraph (1) 
and inserting ‘‘$1.50’’, and 
(2) by striking ‘‘19.5 cents (17 cents on chew-
ing tobacco removed during 2000 or 2001)’’ in para-
graph (2) and inserting ‘‘50 cents’’. 
(f) PIPE TOBACCO.—Section 5701(f) of such Code is 
amended by striking ‘‘$1.0969 cents (95.67 cents on pipe 
tobacco removed during 2000 or 2001)’’ and inserting 
‘‘$2.8126 cents’’. 
(g) ROLL-YOUR-OWN TOBACCO.—Section 5701(g) of 
such Code is amended by striking ‘‘$1.0969 cents (95.67 
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I 
108TH CONGRESS 
1ST SESSION H. R. 3133
To preserve the ability of States, Indian tribes, municipalities, and air pollu-
tion control agencies to protect the public health and the environment 
by affording them discretion as to whether or not to implement new 
source review revisions promulgated by the Environmental Protection 
Agency on August 27, 2003. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 17, 2003
Mr. UDALL of Colorado (for himself and Mr. SHAYS) introduced the following 
bill; which was referred to the Committee on Energy and Commerce 
A BILL 
To preserve the ability of States, Indian tribes, municipali-
ties, and air pollution control agencies to protect the 
public health and the environment by affording them 
discretion as to whether or not to implement new source 
review revisions promulgated by the Environmental Pro-
tection Agency on August 27, 2003.
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 ‘‘Freedom to Establish 
State High Air Quality (FrESH AIR Quality) Act’’.
299 
(II) reimburse the life insurance 
account, the health account, or both, 
for the amounts assessed on behalf of 
the annuity account. 
(iii) 
INSUFFICIENT
AMOUNT
IN 
HEALTH ACCOUNT.—If the maximum as-
sessment in any year does not provide an 
amount sufficient to make all necessary 
payments from the health account, the 
Corporation may assess the life insurance 
account, the annuity account, or both, for 
the necessary additional amount, except 
that, in each subsequent year, for so long 
as necessary, the Corporation shall assess 
up to the maximum on the health account, 
in order to— 
(I) make all necessary payments 
from the health account; and 
(II) reimburse the life insurance 
account, the annuity account, or both, 
for the amounts assessed on behalf of 
the health account. 
(C) INSUFFICIENT AMOUNT IN WORKERS’ 
COMPENSATION ACCOUNT, AUTOMOBILE INSUR-
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388 
HR 3221 PCS
construed to convey any new authority to any coastal 
State, or repeal or supersede any existing authority of any 
Federal agency, to regulate the siting, licensing, leasing, 
or permitting of alternative energy facilities in areas of 
the outer Continental Shelf under the administration of 
the Federal Government. Nothing in this section repeals 
or supersedes any existing coastal State authority pursu-
ant to State or Federal law. 
‘‘(k) PRIORITY.—Any area that is identified as suit-
able for potential alternative energy development under 
surveys developed with assistance under this section shall 
be given priority consideration by Federal agencies for the 
siting, licensing, leasing, or permitting of alternative en-
ergy facilities. Any area that is identified as unsuitable 
under surveys developed with assistance under this section 
shall be avoided by Federal agencies to the maximum ex-
tent practicable. 
‘‘(l) ASSISTANCE
BY
THE SECRETARY.—The Sec-
retary shall— 
‘‘(1) under section 307(a) and to the extent 
practicable, make available to coastal States the re-
sources and capabilities of the National Oceanic and 
Atmospheric Administration to provide technical as-
sistance to the coastal States to develop surveys 
under this section; and 
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bajohnson on PROD1PC77 with BILLS
510 
(1) IN
GENERAL.—The Secretary of Defense 
shall take all actions which may be necessary to pro-
vide, within 12 months after the date of enactment 
of this Act, for the termination of the National Se-
curity Personnel System and for the conversion of 
any employees and positions which, as of such date 
of enactment, remain subject to such System, to— 
(A) the statutory pay system and all other 
aspects of the personnel system that last ap-
plied to such employee or position (as the case 
may be) before the National Security Personnel 
System applied; or 
(B) if subparagraph (A) does not apply, 
the statutory pay system and all other aspects 
of the personnel system that would have applied 
if the National Security Personnel System had 
never been established. 
No employee shall suffer any loss of or decrease in 
pay because of the preceding sentence. 
(2) REPORT.—If the Secretary of Defense is of 
the view that the National Security Personnel Sys-
tem should not be terminated in accordance with 
paragraph (1), the Secretary shall submit to the 
President and both Houses of Congress as soon as 
practicable, but in no event later than 6 months