datamatters24/research-document-archive huggingface dataset:
can take to avoid violation of sub-
section (a)(2); 
‘‘(II) receive information, on re-
quest, subject to the exemptions speci-
fied in section 552(b) of title 5, 
United States Code, on the status of 
the species, threats to the species, and 
conservation measures, used by the 
Secretary to develop the draft biologi-
cal opinion and the final biological 
opinion, including the associated inci-
dental taking statements; and 
‘‘(III) receive a copy of the draft 
biological opinion from the Federal 
agency and, before issuance of the 
final biological opinion, submit com-
ments on the draft biological opinion 
and discuss with the Secretary and 
the Federal agency the basis for any 
finding in the draft biological opinion. 
‘‘(ii) EXPLANATION.—If reasonable 
and prudent alternatives are proposed by a 
person under clause (i) and the Secretary 
does not include the alternatives in the 
final biological opinion, the Secretary shall
explain to the person why those alter-
natives were not included in the opinion. 
‘‘(iii) PUBLIC
ACCESS
TO
INFORMA-
TION.—Comments and other information 
submitted to, or received from, any person 
(pursuant to clause (i)) who seeks author-
ization or funding for an action shall be 
maintained in a file for that action by the 
Secretary and shall be made available to 
the public (subject to the exemptions speci-
fied in section 552(b) of title 5, United 
States Code).’’.
Æ
I 
108TH CONGRESS 
1ST SESSION H. R. 2603
To impose limitations on the authority of the Secretary of the Interior 
to claim title or other rights to water absent specific direction of law 
or to abrogate, injure, or otherwise impair any right to the use of 
any quantity of water. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 25, 2003
Mr. PEARCE introduced the following bill; which was referred to the 
Committee on Resources 
A BILL 
To impose limitations on the authority of the Secretary of 
the Interior to claim title or other rights to water absent 
specific direction of law or to abrogate, injure, or other-
wise impair any right to the use of any quantity of 
water.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. DEPARTMENT OF THE INTERIOR AND WATER 
RIGHTS. 
Notwithstanding any other provision of law, the Sec-
retary of the Interior shall not—
(1) claim title or other rights to water in a 
State, other than for Indian reservation lands, ab-
sent specific direction of law; or 
(2) exercise authority so as to abrogate, injure 
or otherwise impair any right to the use of any 
quantity of water—
(A) that has been allocated—
(i) in conformance with subsections 
(a) through (c) of section 208 of the De-
partment of Justice Appropriations Act, 
1953 (43 U.S.C. 666); 
(ii) by or pursuant to interstate com-
pact; and 
(iii) by a decision of the United States 
Supreme Court; 
(B) by requiring a change in the nature of 
use or the transfer of any right to use water or 
creating a limitation on the exercise of any 
right to use water; or 
(C) by modifying the delivery, diversion, 
nondiversion, allocation, or storage of any water 
to be delivered by contract.
Æ
SECTION 1. SHORT TITLE; AMENDMENTS TO SOCIAL SECU-
RITY ACT; REFERENCES TO BIPA AND SEC-
RETARY; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Prescription Drug and Medicare Improvement Act of 
2003’’. 
(b) AMENDMENTS TO SOCIAL SECURITY ACT.—Ex-
cept as otherwise specifically provided, whenever in this 
Act an amendment is expressed in terms of an amendment 
to or repeal of a section or other provision, the reference 
shall be considered to be made to that section or other 
provision of the Social Security Act. 
(c) BIPA; SECRETARY.—In this Act: 
(1) BIPA.—The term ‘‘BIPA’’ means the 
Medicare, Medicaid, and SCHIP Benefits Improve-
ment and Protection Act of 2000, as enacted into 
law by section 1(a)(6) of Public Law 106–554. 
(2) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Health and Human Services. 
(d) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows:
Sec. 1. Short title; amendments to Social Security Act; references to BIPA and 
Secretary; table of contents. 
TITLE I—MEDICARE PRESCRIPTION DRUG BENEFIT 
Subtitle A—Medicare Voluntary Prescription Drug Delivery Program 
Sec. 101. Medicare voluntary prescription drug delivery program. 
‘‘PART D—VOLUNTARY PRESCRIPTION DRUG DELIVERY PROGRAM
I 
108TH CONGRESS 
1ST SESSION H. R. 2605
To nullify the effect of section 4 of Executive Order 13279. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 25, 2003
Mr. SCOTT of Virginia (for himself, Mr. EDWARDS, Mr. NADLER, Mr. FRANK 
of Massachusetts, Mr. VAN HOLLEN, Ms. JACKSON-LEE of Texas, Mr. 
GRIJALVA, Mr. WYNN, Mr. MCGOVERN, Mr. FARR, Mr. HINCHEY, Mr. 
PAYNE, Ms. LEE, Mr. SERRANO, Mr. REYES, Mr. CASE, Mr. WATT, Mr. 
DAVIS of Alabama, Mr. HOEFFEL, Mr. GEORGE MILLER of California, 
Mr. CONYERS, Mr. DAVIS of Illinois, Mrs. JONES of Ohio, Mr. GREEN 
of Texas, Mr. CLYBURN, and Mr. OWENS) introduced the following bill; 
which was referred to the Committee on Education and the Workforce, 
and in addition to the Committee on Government Reform, for a period 
to be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee 
concerned 
A BILL 
To nullify the effect of section 4 of Executive Order 13279.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
That section 4 of Executive Order 13279 (67 Fed. Reg. 
77141) shall not have any legal effect.
Æ
mercial application of such tools, through earth-
quake-related building codes, standards, and 
construction practices;’’; and 
(iv) by striking ‘‘The principal official 
carrying out the responsibilities described 
in this paragraph shall be at a level no 
lower than that of Associate Director.’’; 
and 
(v) in subparagraph (D), as redesig-
nated by clause (ii), by striking ‘‘National 
Science Foundation, the National Insti-
tutes of Standards and Technology’’ and 
inserting ‘‘Federal Emergency Manage-
ment Agency, the National Science Foun-
dation’’; 
(B) in paragraph (2)(A) by striking ‘‘In 
addition to the lead’’ and all that follows 
through ‘‘Agency’’ and inserting ‘‘The Director 
of the Federal Emergency Management Agency 
(in this Act referred to as the ‘Agency’)’’; 
(C) in paragraph (3)—
(i) by inserting ‘‘and other activities’’ 
after ‘‘shall conduct research’’; 
(ii) in subparagraphs (C) and (D), by 
striking ‘‘the Agency’’ both places it ap-
Americans is 8.2 percent, more than 50 percent 
higher than the rate for whites.
(4) The number of unemployed private con-
struction workers is 715,000, an 80 percent increase 
over the comparable period in calendar year 2000. 
The unemployment rate for construction workers is 
8.4 percent, 68 percent higher than the rate in May 
2000. 
(5) Similarly, the number of unemployed manu-
facturing workers is nearly 1,200,000, an increase of 
more than 25 percent since January 2001. In Janu-
ary 2003, the number of production workers in man-
ufacturing dropped below 11,000,000 for the first 
time since February 1946, and the number con-
tinues to fall. 
(6) Moreover, after workers have lost their jobs, 
they have had more trouble finding new jobs. The 
average length of unemployment is almost 20 weeks, 
the longest it has been in almost 2 decades. In the 
past 2 years, the number of workers who are unem-
ployed for longer than 6 months has increased by 
1,300,000 to more than 1,900,000, an increase of 
more than 206 percent. One-half of the unemployed 
are out of work for more than 10 weeks and one in 
5 have been out of work for more than 6 months.
subparagraph is in addition to the dollar limita-
tion for the qualified projects described in sub-
paragraph (A). 
‘‘(3) 
LIMIT
ON
BONDS
FOR
OTHER 
PROJECTS.—Not more than $100,000,000 of the 
limitation under paragraph (1) for any fiscal year 
may be designated for all qualified projects described 
in subsection (j)(1)(C). 
‘‘(4) CARRYOVER OF UNUSED LIMITATION.—If 
for any fiscal year—
‘‘(A) the limitation amount under para-
graph (1), exceeds 
‘‘(B) the amount of bonds issued during 
such year which are designated under sub-
section (e)(3), 
the limitation amount under paragraph (1) for the 
following fiscal year (through fiscal year 2016) shall 
be increased by the amount of such excess. 
‘‘(g) SPECIAL RULES RELATING TO ARBITRAGE.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), 
an issue shall be treated as meeting the require-
ments of this subsection if as of the date of 
issuance, the issuer reasonably expects—
‘‘(A) to spend at least 95 percent of the 
proceeds from the sale of the issue for 1 or
‘‘(1) IN GENERAL.—The term ‘qualified project’ 
means—
‘‘(A) the acquisition, financing, or refi-
nancing of equipment, rolling stock, and other 
capital improvements (including the introduc-
tion of new high-speed technologies such as 
magnetic levitation systems), including track or 
signal improvements or the elimination of grade 
crossings, for the northeast rail corridor be-
tween Washington, D.C., and Boston, Massa-
chusetts, 
‘‘(B) the acquisition, financing, or refi-
nancing of equipment, rolling stock, and other 
capital improvements (including the introduc-
tion of new high-speed technologies such as 
magnetic levitation systems), including develop-
ment of intermodal facilities, track or signal im-
provements, or the elimination of grade cross-
ings, for the improvement of train speeds or 
safety (or both) on the high-speed rail corridors 
designated under section 104(d)(2) of title 23, 
United States Code, as in effect on the date of 
the enactment of this section, and 
‘‘(C) the acquisition, financing, or refi-
nancing of equipment, rolling stock, and other
‘‘(3) INTERAGENCY COORDINATING COMMITTEE
ON EARTHQUAKE HAZARDS REDUCTION.—
‘‘(A) IN GENERAL.—There is established
an Interagency Coordinating Committee on
Earthquake Hazards Reduction chaired by the
Director of the National Institute of Standards
and Technology (referred to in this subsection
as the ‘Director’).
‘‘(B) MEMBERSHIP.—The committee shall
be composed of the directors of—
‘‘(i) the Federal Emergency Manage-
ment Agency;
‘‘(ii) the United States Geological
Survey;
‘‘(iii) the National Science Founda-
tion;
‘‘(iv) the Office of Science and Tech-
nology Policy; and
‘‘(v) the Office of Management and
Budget.
‘‘(C) MEETINGS.—The Committee shall
meet not less than 3 times a year at the call of
the Director.
‘‘(D) PURPOSE AND DUTIES.—The Inter-
agency Coordinating Committee shall oversee
†
HR 2608 EAS
out by Program agencies and contribute to the
Program, but are not included in the Program;
and
‘‘(F) a description of the activities, includ-
ing budgets for the current fiscal year and pro-
posed budgets for the following fiscal year, re-
lated to the grant program carried out under
subsection (b)(2)(A)(i).
‘‘(5) ADVISORY COMMITTEE.—
‘‘(A) IN GENERAL.—The Director shall es-
tablish an Advisory Committee on Earthquake
Hazards Reduction of at least 11 members, none
of whom may be an employee (as defined in sub-
paragraphs (A) through (F) of section 7342(a)(1)
of title 5, United States Code, including rep-
resentatives of research and academic institu-
tions, industry standards development organiza-
tions, State and local government, and financial
communities who are qualified to provide advice
on earthquake hazards reduction and represent
all related scientific, architectural, and engineer-
ing disciplines. The recommendations of the Ad-
visory Committee shall be considered by Federal
agencies in implementing the Program.
to the National Science Foundation for carrying out
this 
Act 
$39,000,000 
for 
fiscal 
year 
2004;
$44,000,000 for fiscal year 2005; and $47,500,000
for fiscal year 2006.’’; and
(4) in subsection (d) by adding at the end the
following: ‘‘There are authorized to be appropriated
to the National Institute of Standards and Tech-
nology for carrying out this Act $8,000,000 for fis-
cal year 2004; $9,600,000 for fiscal year 2005; and
$12,500,000 for fiscal year 2006. Of such amounts
appropriated, not less than $2,000,000 shall be
made available each such fiscal year for supporting
the development of performance-based, cost-effective,
and affordable codes for buildings, structures, and
lifelines.’’.
(b) Section 13 of the Earthquake Hazards Reduction
Act of 1977 (42 U.S.C. 7707) is amended by striking sub-
section (c).
(c) Section 14(b) of the Earthquake Hazards Reduc-
tion Act of 1977 (42 U.S.C. 7708(b)) is amended—
(1) in paragraph (3) by striking ‘‘and’’ at the
end; and
(2) by striking paragraph (4) and inserting the
following:
‘‘(4) $8,000,000 for fiscal year 2004;
†
HR 2608 EAS
striking ‘‘By January 30, 1982, and biennially thereafter’’
and inserting ‘‘By January 30 of each odd-numbered year’’.
SEC. 209. COORDINATION.
The Secretary of Commerce, the Director of the Na-
tional Institute of Standards and Technology, the Director
of the Office of Science and Technology Policy and the heads
of other Federal departments and agencies carrying out ac-
tivities under this title and the statutes amended by this
title shall work together to ensure that research, tech-
nologies, and response techniques are shared among the pro-
grams authorized in this title in order to coordinate the
Nation’s efforts to reduce vulnerability to the hazards de-
scribed in this title.
TITLE III—COMMERCIAL SPACE
TRANSPORTATION
SEC. 301. AUTHORIZATION OF APPROPRIATIONS.
Section 70119 of title 49, United States Code, is
amended by striking paragraphs (1) and (2) and inserting
the following:
‘‘(1) $11,941,000 for fiscal year 2005;
‘‘(2) $12,299,000 for fiscal year 2006;
‘‘(3) $12,668,000 for fiscal year 2007;
‘‘(4) $13,048,000 for fiscal year 2008; and
†
HR 2608 EAS
‘‘(5) $13,440,000 for fiscal year 2009.’’.
Attest:
Secretary.
IIB 
108TH CONGRESS 
1ST SESSION H. R. 2608
IN THE SENATE OF THE UNITED STATES 
OCTOBER 2, 2003
Received; read twice and referred to the Committee on Commerce, Science, 
and Transportation 
AN ACT 
To reauthorize the National Earthquake Hazards Reduction 
Program, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
‘‘(4) $8,000,000 for fiscal year 2004; 
‘‘(5) $20,000,000 for fiscal year 2005, all of 
which shall be available for operations and 
maintenance; and 
‘‘(6) $20,000,000 for fiscal year 2006, all of 
which shall be available for operations and 
maintenance.’’.
VerDate jul 14 2003 
22:13 Aug 15, 2003
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H2608
‘‘National Institute of Standards and 
Technology shall have the primary respon-
sibility for planning and coordinating the 
Program. In carrying out this paragraph, 
the Director of the Institute’’; 
(ii) by striking subparagraphs (B) and 
(C) and redesignating subparagraphs (D) 
and (E) as subparagraphs (C) and (D), re-
spectively; 
(iii) by inserting after subparagraph 
(A) the following: 
‘‘(B) support the development of perform-
ance-based seismic engineering tools, and work 
with appropriate groups to promote the com-
mercial application of such tools, through earth-
quake-related building codes, standards, and 
construction practices;’’; 
(iv) by striking ‘‘The principal official 
carrying out the responsibilities described 
in this paragraph shall be at a level no 
lower than that of Associate Director.’’; 
and 
(v) in subparagraph (D), as redesig-
nated by clause (ii), by striking ‘‘National 
Science Foundation, the National Insti-
I 
108TH CONGRESS 
1ST SESSION H. R. 2609
To amend title 11, United States Code, to provide for the avoidance of 
certain transfers, and the alternate prosecution of certain actions, relat-
ing to certain retirement benefits. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 26, 2003
Mr. CONYERS introduced the following bill; which was referred to the 
Committee on the Judiciary 
A BILL 
To amend title 11, United States Code, to provide for the 
avoidance of certain transfers, and the alternate prosecu-
tion of certain actions, relating to certain retirement 
benefits.
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 ‘‘Equal Treatment of 
Pensions and Bankruptcy Act of 2003’’.
SECTION 2. AVOIDANCE OF CERTAIN TRANSFERS; ALTER-
NATE PROSECUTION OF ACTION. 
Section 547 of title 11, United States Code, is 
amended by adding at the end the following: 
‘‘(h) Notwithstanding subsections (b) and (c), the 
trustee may avoid a transfer of a debtor’s interest in prop-
erty to any trust or similar arrangement to fund supple-
mental retirement benefits or other deferred compensation 
for the benefit of an insider or other management em-
ployee made on or within one year before the date of the 
filing of the petition. 
‘‘(i) If the trustee consents or fails to commence a 
proceeding authorized under section 506, 543, 544, 545, 
547, 548, 549, 550, 552, 553, or 724, on request of a 
party in interest or a committee of creditors appointed 
under section 1102 of this title, after notice and a hearing, 
the court may authorize such party in interest or com-
mittee of creditors to commence and prosecute such pro-
ceeding if the court finds that commencing and pros-
ecuting such proceeding is in the best interest of the estate 
and for the benefit of the estate.’’.
Æ
‘‘(E) the size and characteristics of the co-
hort of which the loan or loan guarantee is a 
member; and’’; and 
(2) by adding at the end of paragraph (4) the 
following: ‘‘A cohort may include loans and loan 
guarantees. The Secretary shall not establish any 
limit on the proportion of a cohort that may be used 
for 1 loan or loan guarantee.’’. 
(b) CONDITIONS OF ASSISTANCE.—Section 502 of 
the Railroad Revitalization and Regulatory Reform Act of 
1976 (45 U.S.C. 822) is amended—
(1) in subsection (f)(2)(A), by inserting ‘‘, if 
any’’ after ‘‘collateral offered’’; and 
(2) by adding at the end of subsection (h) the 
following: 
‘‘The Secretary shall not require an applicant for a direct 
loan or loan guarantee under this section to provide collat-
eral. The Secretary shall not require that an applicant for 
a direct loan or loan guarantee under this section have 
previously sought the financial assistance requested from 
another source. The Secretary shall require recipients of 
direct loans or loan guarantees under this section to apply 
the standards of section 26106(a)(5) of title 49, United 
States Code, to their projects, except for projects primarily 
benefiting Class III freight railroads.’’.
‘‘(B) the amount of the adjusted taxable 
gifts, over 
‘‘(2) the aggregate amount of tax paid under 
chapter 12 with respect to gifts made by the dece-
dent after December 31, 1976.’’
(C) Subsection (c) of section 2102 of such 
Code, as in effect prior to its redesignation by 
section 532(c)(7)(B) of the Economic Growth 
and Tax Relief Reconciliation Act of 2001, is 
amended—
(i) by striking ‘‘$13,000’’ each place it 
appears and inserting ‘‘$12,000’’, and 
(ii) by striking ‘‘$46,800’’ and insert-
ing ‘‘$35,000’’. 
(D) Subsection (a) of section 2201 of such 
Code is amended by striking ‘‘rate schedule set 
forth in section 2001(c)’’ and inserting ‘‘appli-
cable 
percentage 
(as 
defined 
in 
section 
2001(b)(2)’’. 
(b) GIFT TAX.—
(1) IN GENERAL.—Section 2502 of such Code 
is amended to read as follows: 
‘‘SEC. 2502. RATE OF TAX. 
‘‘(a) GENERAL RULE.—The tax imposed by section 
2501 for each calendar year shall be an amount equal to
I 
108TH CONGRESS 
1ST SESSION H. R. 2611
To amend title II of the Social Security Act to exempt from the windfall 
elimination provision of such title individuals who are entitled to retired 
pay based on at least 20 years of service as a member of a uniformed 
service. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 26, 2003
Mr. MICHAUD (for himself, Mr. BROWN of South Carolina, Mr. EVANS, Mr. 
FILNER, Mr. GUTIERREZ, Ms. CORRINE
BROWN
of Florida, Mr. 
RODRIGUEZ, Mr. RYAN of Ohio, and Mr. FROST) introduced the following 
bill; which was referred to the Committee on Ways and Means 
A BILL 
To amend title II of the Social Security Act to exempt 
from the windfall elimination provision of such title indi-
viduals who are entitled to retired pay based on at least 
20 years of service as a member of a uniformed service.
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 ‘‘Military Retirees Gov-
ernment Employment Act of 2003’’.
SEC. 2. EXEMPTION FROM WINDFALL ELIMINATION PROVI-
SION. 
(a) IN GENERAL.—Section 215(a)(7) of the Social 
Security Act (42 U.S.C. 415(a)(7) is amended by adding 
at the end the following new subparagraph: 
‘‘(F) This paragraph shall not apply in the case of 
an individual who is entitled to retired pay based on at 
least 20 years of service by such individual as a member 
of a uniformed service (as defined in section 210(m)).’’. 
(b) CONFORMING AMENDMENT.—Section 215(d)(3) 
of such Act (42 U.S.C. 415(d)(3)) is amended, in the last 
sentence, by inserting ‘‘or (F)’’ after ‘‘subparagraph (E)’’. 
SEC. 3. EFFECTIVE DATE. 
The amendments made by this Act shall apply with 
respect to monthly insurance benefits payable under title 
II of the Social Security Act for months beginning after 
180 days after the date of the enactment of this Act. Not-
withstanding section 215(f) of the Social Security Act, the 
Commissioner of Social Security shall adjust primary in-
surance amounts to the extent necessary to take into ac-
count the amendments made by section 2.
Æ
Sec. 1117. Denial of deduction for interest on underpayments attributable to 
nondisclosed reportable and noneconomic substance trans-
actions. 
Subtitle B—OTHER PROVISIONS 
Sec. 1121. Limitation on transfer or importation of built-in losses. 
Sec. 1122. Disallowance of certain partnership loss transfers. 
Sec. 1123. No reduction of basis under section 734 in stock held by partnership 
in corporate partner. 
Sec. 1124. Repeal of special rules for FASITs. 
Sec. 1125. Expanded disallowance of deduction for interest on convertible debt. 
Sec. 1126. Expanded authority to disallow tax benefits under section 269. 
Sec. 1127. Modifications of certain rules relating to controlled foreign corpora-
tions. 
Sec. 1128. Basis for determining loss always reduced by nontaxed portion of 
dividends. 
Sec. 1129. Affirmation of consolidated return regulation authority. 
Sec. 1130. Extension of customs user fees. 
Subtitle C—Prevention of Corporate Expatriation To Avoid United States 
Income Tax 
Sec. 1131. Prevention of corporate expatriation to avoid United States income 
tax.
SEC. 2. FINDINGS AND PURPOSES. 
(a) FINDINGS.—Congress finds the following: 
(1) Since January 2001, the unemployment 
rate has increased from 4.2 percent to 6.1 percent, 
the highest level since July 1994. 
(2) Since January 2001, the number of unem-
ployed people increased from 5,950,000 people to 
9,000,000, an increase of more than 3,000,000, or 
more than 50 percent. 
(3) The increase in unemployment of the last 
two and one-half years has had a disproportionate 
effect on people of color. The rate of unemployment 
for African Americans is 10.8 percent, twice the rate 
for whites. The unemployment rate for Hispanic