datamatters24/research-document-archive huggingface dataset:
‘‘(c) OTHER DEFINITIONS.—For purposes of this 
chapter, the terms ‘wages’, ‘employer’, and ‘employment’ 
have the same respective meanings as when used in chap-
ter 21: except that, for purposes of this chapter, section 
3121(a)(1) shall not apply. 
‘‘SEC. 3452. INSTRUMENTALITIES OF THE UNITED STATES. 
‘‘Notwithstanding any other provision of law (wheth-
er enacted before or after the enactment of this section) 
which grants to any instrumentality of the United States 
an exemption from taxation, such instrumentality shall 
not be exempt from the tax imposed by section 3451 un-
less such other provision of law grants a specific exemp-
tion, by reference to section 3451, from the tax imposed 
by such section.’’. 
(2) SELF-EMPLOYMENT.—Section 1401 of such 
Code is amended by redesignating subsection (c) as 
subsection (d) and by inserting after subsection (b) 
the following new subsection: 
‘‘(c) AMERICAN HEALTH BENEFITS PROGRAM.—In 
addition to other taxes, there shall be imposed for each 
taxable year, on the self-employment income of every indi-
vidual, a tax equal to 6 percent of the amount of the self-
employment income for such taxable year.’’. 
(3) CLERICAL
AMENDMENT.—The table of 
chapters for subtitle C of such Code is amended by
striking the item relating to chapter 25 and insert-
ing the following:
‘‘CHAPTER 25. AMERICAN HEALTH BENEFITS PROGRAM 
‘‘CHAPTER 26. GENERAL PROVISIONS RELATING TO EMPLOYMENT TAXES
(d) DISCLOSURE OF TAXPAYER RETURN INFORMA-
TION TO CARRY OUT COST-SHARING SUBSIDIES.—
(1) IN GENERAL.—Section 6103(l) of the Inter-
nal Revenue Code of 1986 is amended by adding at 
the end the following new paragraph: 
‘‘(21) DISCLOSURE OF RETURN INFORMATION 
TO CARRY OUT AMERICAN HEALTH BENEFITS PRO-
GRAM.—
‘‘(A) IN GENERAL.—The Secretary shall, 
upon written request from the Commissioner of 
Health Benefits, disclose to officers, employees, 
and contractors of the Health Benefits Admin-
istration return information of a taxpayer who 
is, according to the records of the Secretary, a 
cost-sharing subsidy-eligible individual (as de-
fined in section 2205(b)(7)(A) of the Social Se-
curity Act) or a family member of such an indi-
vidual. Such return information shall be limited 
to—
‘‘(i) taxpayer identity information 
with respect to such taxpayer,
I 
108TH CONGRESS 
1ST SESSION H. R. 2730
To amend the Occupational Safety and Health Act of 1970 to provide for 
an independent review of citations issued by the Occupational Safety 
and Health Administration. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 15, 2003
Mr. NORWOOD introduced the following bill; which was referred to the 
Committee on Education and the Workforce 
A BILL 
To amend the Occupational Safety and Health Act of 1970 
to provide for an independent review of citations issued 
by the Occupational Safety and Health Administration.
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 ‘‘Occupational Safety 
and Health Independent Review of OSHA Citations Act 
of 2003’’. 
SEC. 2. INDEPENDENT REVIEW. 
Section 11(a) of the Occupational Safety and Health 
Act of 1970 (29 U.S.C. 660) is amended by adding the
following at the end thereof: ‘‘The conclusions of the Com-
mission with respect to all questions of law shall be given 
deference if reasonable.’’.
Æ
IB 
108TH CONGRESS 
2D SESSION 
H. R. 2730
[Report No. 108–488, Part I] 
To amend the Occupational Safety and Health Act of 1970 to provide for 
an independent review of citations issued by the Occupational Safety 
and Health Administration. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 15, 2003
Mr. NORWOOD introduced the following bill; which was referred to the 
Committee on Education and the Workforce 
MAY 13, 2004
Additional sponsors: Mr. BOEHNER, Mrs. BIGGERT, Mr. BALLENGER, Mr. 
HOEKSTRA, Mr. KELLER, Mr. KLINE, Mrs. BLACKBURN, Mr. ISAKSON, 
Mr. MANZULLO, Mr. SCHROCK, Mr. AKIN, Mr. GERLACH, Mr. CHOCOLA, 
Mrs. MUSGRAVE, Mr. TOOMEY, Mr. BEAUPREZ, Mr. SHIMKUS, Mr. 
DEMINT, Mr. SULLIVAN, Mr. FRANKS of Arizona, Mr. SAM JOHNSON of 
Texas, Mr. WILSON of South Carolina, Mr. MCKEON, Mr. PAUL, Mr. 
OTTER, and Mr. BARRETT of South Carolina 
MAY 13, 2004
Reported with an amendment and referred to the Committee on the Judiciary 
for a period ending not later than May 17, 2004, for consideration of 
such provisions of the bill and amendment as fall within the jurisdiction 
of that committee pursuant to clause 1(k), rule X 
[Omit the part struck through and insert the part printed in italic] 
A BILL 
To amend the Occupational Safety and Health Act of 1970 
to provide for an independent review of citations issued 
by the Occupational Safety and Health Administration.
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 ‘‘Occupational Safety 
and Health Independent Review of OSHA Citations Act 
of 2003 2004’’. 
SEC. 2. INDEPENDENT REVIEW. 
Section 11(a) of the Occupational Safety and Health 
Act of 1970 (29 U.S.C. 660) is amended by adding the 
following at the end thereof: ‘‘The conclusions of the Com-
mission with respect to all questions of law shall be given 
deference if reasonable.’’.
Æ
IB 
Union Calendar No. 283
108TH CONGRESS 
2D SESSION 
H. R. 2730
[Report No. 108–488, Part I] 
To amend the Occupational Safety and Health Act of 1970 to provide for 
an independent review of citations issued by the Occupational Safety 
and Health Administration. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 15, 2003
Mr. NORWOOD introduced the following bill; which was referred to the 
Committee on Education and the Workforce 
MAY 13, 2004
Additional sponsors: Mr. BOEHNER, Mrs. BIGGERT, Mr. BALLENGER, Mr. 
HOEKSTRA, Mr. KELLER, Mr. KLINE, Mrs. BLACKBURN, Mr. ISAKSON, 
Mr. MANZULLO, Mr. SCHROCK, Mr. AKIN, Mr. GERLACH, Mr. CHOCOLA, 
Mrs. MUSGRAVE, Mr. TOOMEY, Mr. BEAUPREZ, Mr. SHIMKUS, Mr. 
DEMINT, Mr. SULLIVAN, Mr. FRANKS of Arizona, Mr. SAM JOHNSON of 
Texas, Mr. WILSON of South Carolina, Mr. MCKEON, Mr. PAUL, Mr. 
OTTER, and Mr. BARRETT of South Carolina 
MAY 13, 2004
Reported with an amendment and referred to the Committee on the Judiciary 
for a period ending not later than May 17, 2004, for consideration of 
such provisions of the bill and amendment as fall within the jurisdiction 
of that committee pursuant to clause 1(k), rule X 
[Omit the part struck through and insert the part printed in italic] 
MAY 17, 2004
Committee on the Judiciary discharged; committed to the Committee of the 
Whole House on the State of the Union and ordered to be printed
HR 2730 RH2
A BILL 
To amend the Occupational Safety and Health Act of 1970 
to provide for an independent review of citations issued 
by the Occupational Safety and Health Administration.
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 ‘‘Occupational Safety 
and Health Independent Review of OSHA Citations Act 
of 2003 2004’’. 
SEC. 2. INDEPENDENT REVIEW. 
Section 11(a) of the Occupational Safety and Health 
Act of 1970 (29 U.S.C. 660) is amended by adding the 
following at the end thereof: ‘‘The conclusions of the Com-
mission with respect to all questions of law shall be given 
deference if reasonable.’’.
Union Calendar No. 283
108TH CONGRESS 
2D SESSION 
H. R. 2730
[Report No. 108–488, Part I] 
A BILL 
To amend the Occupational Safety and Health Act 
of 1970 to provide for an independent review of 
citations issued by the Occupational Safety and 
Health Administration. 
MAY 17, 2004
Committee on the Judiciary discharged; committed to the 
Committee of the Whole House on the State of the 
Union and ordered to be printed
I 
108TH CONGRESS 
1ST SESSION H. R. 2733
To amend the Solid Waste Disposal Act to bring underground storage tanks 
into compliance with subtitle I of that Act, to promote cleanup of leaking 
underground storage tanks, to provide sufficient resources for such com-
pliance and cleanup, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 15, 2003
Mr. BURR (for himself, Mr. FOSSELLA, Mr. TOWNS, Mr. GORDON, and Mr. 
BOUCHER) introduced the following bill; which was referred to the Com-
mittee on Energy and Commerce 
A BILL 
To amend the Solid Waste Disposal Act to bring under-
ground storage tanks into compliance with subtitle I 
of that Act, to promote cleanup of leaking underground 
storage tanks, to provide sufficient resources for such 
compliance and cleanup, 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 ‘‘Underground Storage 
Tank Compliance Act of 2003’’.
SEC. 2. LEAKING UNDERGROUND STORAGE TANKS. 
Section 9004 of the Solid Waste Disposal Act (42 
U.S.C. 6991c) is amended by adding at the end the fol-
lowing: 
‘‘(f) TRUST FUND DISTRIBUTION.—
‘‘(1) IN GENERAL.—
‘‘(A) AMOUNT AND PERMITTED USES OF 
DISTRIBUTION.—The Administrator shall dis-
tribute to States not less than 80 percent of the 
funds from the Trust Fund that are made 
available to the Administrator under section 
9013(2)(A) for each fiscal year for use in pay-
ing the reasonable costs, incurred under a coop-
erative agreement with any State—
‘‘(i) actions taken by the State under 
section 9003(h)(7)(A); 
‘‘(ii) 
necessary 
administrative 
ex-
penses, as determined by the Adminis-
trator, that are directly related to correc-
tive action and compensation programs 
under subsection (c)(1); 
‘‘(iii) any corrective action and com-
pensation program carried out under sub-
section (c)(1) for a release from an under-
ground storage tank regulated under this 
subtitle to the extent that, as determined
by the State in accordance with guidelines 
developed jointly by the Administrator and 
the State, the financial resources of the 
owner or operator of the underground stor-
age tank (including resources provided by 
a program in accordance with subsection 
(c)(1)) are not adequate to pay the cost of 
a corrective action without significantly im-
pairing the ability of the owner or operator 
to continue in business; 
‘‘(iv) enforcement by the State or a 
local government of State or local regula-
tions pertaining to underground storage 
tanks regulated under this subtitle; or 
‘‘(v) State or local corrective actions 
carried out under regulations promulgated 
under section 9003(c). 
‘‘(B) USE
OF
FUNDS
FOR
ENFORCE-
MENT.—In addition to the uses of funds au-
thorized under subparagraph (A), the Adminis-
trator may use funds from the Trust Fund that 
are not distributed to States under subpara-
graph (A) for enforcement of any regulation 
promulgated by the Administrator under this 
subtitle.
gram, the surface transportation program, the con-
gestion mitigation and air quality improvement pro-
gram, the recreational trails program, the Appa-
lachian development highway system program, and 
the minimum guarantee. 
(2) IN GENERAL.—The amount that each State 
shall be apportioned under this subsection for each 
item referred to in paragraph (1) shall be deter-
mined by multiplying—
(A) the amount apportioned to the State 
under subsection (a); by 
(B) the ratio that—
(i) the amount of funds apportioned 
for the item to the State for fiscal year 
2004; bears to 
(ii) the total of the amount of funds 
apportioned for the items to the State for 
fiscal year 2004. 
(3) ADMINISTRATION OF FUNDS.—Funds au-
thorized by the amendment made under subsection 
(d) shall be administered as if the funds had been 
apportioned, allocated, deducted, or set aside, as the 
case may be, under title 23, United States Code; ex-
cept that the deductions and set-asides in the fol-
lowing sections of such title shall not apply to such
(A) be based on emerging ground-based 
and space-based communications, navigation, 
and surveillance technologies; 
(B) increase the level of safety, security, 
and efficiency of the National Airspace System; 
(C) integrate data and information flow ef-
fectively with other Federal agencies responsible 
for providing for our Nation’s defense and secu-
rity; 
(D) be scalable to accommodate and en-
courage substantial growth in domestic and 
international transportation; 
(E) anticipate and accommodate con-
tinuing technology upgrades; and 
(F) accommodate a wide range of aircraft 
operations, including airlines, air taxis, heli-
copters, general aviation, and unmanned aerial 
vehicles. 
(3) CONTENTS.—The plan shall describe, at a 
minimum—
(A) the most significant technical hurdles 
that stand in the way of achieving the goal de-
scribed in paragraph (2); 
(B) the research and development projects 
that will be carried out to overcome the tech-
that employer under section 204, 214(c), or
101(a)(15)(H)(i)(b1) during a period of at least 1
year for aliens to be employed by the employer.
‘‘(ii) If the Secretary of Labor finds, after notice and
opportunity for a hearing, a willful failure to meet a condi-
tion of paragraph (1), a willful misrepresentation of mate-
rial fact in an attestation, or a violation of clause (iv)—
‘‘(I) the Secretary of Labor shall notify the Sec-
retary of State and the Secretary of Homeland Secu-
rity of such finding and may, in addition, impose
such other administrative remedies (including civil
monetary penalties in an amount not to exceed
$5,000 per violation) as the Secretary of Labor de-
termines to be appropriate; and
‘‘(II) the Secretary of State or the Secretary of
Homeland Security, as appropriate, shall not ap-
prove petitions or applications filed with respect to
that employer under section 204, 214(c), or
101(a)(15)(H)(i)(b1) during a period of at least 2
years for aliens to be employed by the employer.
‘‘(iii) If the Secretary of Labor finds, after notice and
opportunity for a hearing, a willful failure to meet a condi-
tion of paragraph (1) or a willful misrepresentation of ma-
terial fact in an attestation, in the course of which failure
or misrepresentation the employer displaced a United
I 
108TH CONGRESS 
1ST SESSION H. R. 2736
To amend title VII of the Tariff Act of 1930 with respect to determining 
certain antidumping calculations for merchandise from former nonmarket 
economy countries. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 15, 2003
Mr. LEVIN introduced the following bill; which was referred to the Committee 
on Ways and Means 
A BILL 
To amend title VII of the Tariff Act of 1930 with respect 
to determining certain antidumping calculations for mer-
chandise from former nonmarket economy countries.
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 ‘‘Market-Based Anti-
dumping Calculations Act’’. 
SEC. 2. SPECIAL VALUATION RULES FOR FORMER NON-
MARKET ECONOMY COUNTRIES. 
Section 773 of the Tariff Act of 1930 (19 U.S.C. 
1677b) is amended by adding at the end the following:
‘‘(g) SPECIAL VALUATION RULES FOR FORMER NON-
MARKET ECONOMY COUNTRIES.—
‘‘(1) TREATMENT
OF
PRICES
OR
COSTS
DIS-
TORTED BY NONMARKET FORCES.—
‘‘(A) IN GENERAL.—If the administering 
authority determines that the prices or costs of 
a good or service within a country formerly 
classified as a nonmarket economy country are 
not determined by market-based forces of de-
mand and supply, so that accepting such prices 
or costs would distort in any material way the 
determination of normal value or cost of pro-
duction of the subject merchandise, then the 
administering authority shall disregard those 
prices or costs and instead employ the values of 
the good or service in another market economy 
country or countries considered to be appro-
priate by the administering authority. 
‘‘(B) FACTORS REGARDING MARKET-BASED 
FORCES.—The administering authority shall de-
termine that the prices or costs of a good or 
service are not determined by market-based 
forces of demand and supply under subpara-
graph (A) if any of the following factors are 
present:
1974 (19 U.S.C. 2411(d)(3)(B)(i)(IV)) is amended to 
read as follows: 
‘‘(IV) market opportunities, including 
the toleration by a foreign government of 
systematic anticompetitive activities by 
persons or among persons in one or more 
foreign countries that have the effect of re-
stricting, on a basis that is inconsistent 
with commercial considerations, access of 
United States goods or services to a for-
eign market or diverting foreign goods or 
services toward the United States mar-
ket.’’. 
SEC. 102. AMENDMENTS TO SECTION 304 OF THE TRADE 
ACT OF 1974. 
(a) DETERMINATION REGARDING PRIVATE ANTI-
COMPETITIVE CONDUCT.—Section 304(a)(1) of the Trade 
Act of 1974 (19 U.S.C. 2414(a)(1)) is amended by strik-
ing subparagraph (B) and inserting the following: 
‘‘(B) if the determination made under sub-
paragraph (A) is affirmative—
‘‘(i) determine what action, if any, the 
Trade Representative should take under 
subsection (a) or (b) of section 301; and
‘‘(i) The prices or costs in question 
are extensively controlled by a national, re-
gional, or local government. 
‘‘(ii) The prices or costs in question 
are stable over a significant period of time 
and no market-based explanation for that 
stability is demonstrated. 
‘‘(iii) The prices or costs in question 
are 
subject 
to 
monopolistic 
or 
monopsonistic forces. 
‘‘(iv) The prices or costs in question 
materially differ from prices charged by 
the same or a related supplier to a pur-
chaser in another market economy country. 
‘‘(v) Such other factors as the admin-
istering authority considers appropriate. 
‘‘(2) DETERMINATIONS
PURSUANT
TO
SUB-
SECTION (c).—
‘‘(A) TOTAL
COST
OF
MANUFACTURING 
SUBSTANTIALLY
DETERMINED
OUTSIDE
MAR-
KET
FORCES.—If the total cost of manufac-
turing of the subject merchandise calculated by 
the administering authority is substantially de-
termined by values derived from prices or costs 
outside the home market under paragraph (1),
then the administering authority shall deem the 
subject merchandise to have been produced out-
side of market-based forces of supply and de-
mand, and shall determine the normal value of 
the subject merchandise pursuant to subsection 
(c). 
‘‘(B) UNRELIABLE
FINANCIAL
DATA.—If 
in making a determination of normal value 
under this section the administering authority 
determines that the financial statements of a 
company within a country formerly classified as 
a nonmarket economy country are not in ac-
cordance with that country’s generally accepted 
accounting principles, are unreliable, or other-
wise do not reasonably reflect the costs associ-
ated with the production and sale of the subject 
merchandise, then the administering authority 
shall determine the normal value of the subject 
merchandise pursuant to subsection (c).’’. 
SEC. 3. EFFECTIVE DATE. 
The amendments made by section 2 shall apply to 
proceedings under subtitle A, B, or C of title VII of the 
Tariff Act of 1930 that are initiated on or after the date 
of the enactment of this Act.
Æ
HR 2738 PCS 
(3) DRAWBACK.—Section 313 of the Tariff Act 
of 1930 (19 U.S.C. 1313) is amended—
(A) in paragraph (4) of subsection (j)—
(i) by striking ‘‘(4)’’ and inserting 
‘‘(4)(A)’’; and 
(ii) by adding at the end the following 
new subparagraph: 
‘‘(B) Beginning on January 1, 2015, the expor-
tation to Chile of merchandise that is fungible with 
and substituted for imported merchandise, other 
than merchandise described in paragraphs (1) 
through (5) of section 203(a) of the United States-
Chile Free Trade Agreement Implementation Act, 
shall not constitute an exportation for purposes of 
paragraph (2). The preceding sentence shall not be 
construed to permit the substitution of unused draw-
back under paragraph (2) of this subsection with re-
spect to merchandise described in paragraph (2) of 
section 203(a) of the United States-Chile Free 
Trade Agreement Implementation Act.’’; 
(B) in subsection (n)—
(i) by striking ‘‘(n)’’ and inserting the 
following: 
‘‘(n) REFUNDS, WAIVERS, OR REDUCTIONS UNDER 
CERTAIN FREE TRADE AGREEMENTS.—’’;
HR 2738 PCS 
(ii) in paragraph (1)—
(I) by striking ‘‘; and’’ at the end 
of subparagraph (B); 
(II) by striking the period at the 
end of subparagraph (C) and insert-
ing ‘‘; and’’; and 
(III) by adding at the end the 
following new subparagraph: 
‘‘(D) the term ‘good subject to Chile FTA 
drawback’ has the meaning given that term in sec-
tion 203(a) of the United States-Chile Free Trade 
Agreement Implementation Act.’’; and 
(iii) by adding the following new para-
graph at the end: 
‘‘(4)(A) For purposes of subsections (a), (b), (f), (h), 
(j)(2), (p), and (q), if an article that is exported to Chile 
is a good subject to Chile FTA drawback, no customs du-
ties on the good may be refunded, waived, or reduced, ex-
cept as provided in subparagraph (B). 
‘‘(B) The customs duties referred to in subparagraph 
(A) may be refunded, waived, or reduced by—
‘‘(i) 100 percent during the 8-year period begin-
ning on January 1, 2004; 
‘‘(ii) 75 percent during the 1-year period begin-
ning on January 1, 2012;
in the Department of Commerce an office that shall be 
responsible for providing administrative assistance to pan-
els established under chapter 22 of the Agreement. The 
office may not be considered to be an agency for purposes 
of section 552 of title 5, United States Code. 
(b) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated for each fiscal year after 
fiscal year 2003 to the Department of Commerce such 
sums as may be necessary for the establishment and oper-
ations of the office under subsection (a) and for the pay-
ment of the United States share of the expenses of panels 
established under chapter 22 of the Agreement. 
SEC. 106. ARBITRATION OF CLAIMS. 
(a) SUBMISSION OF CERTAIN CLAIMS.—The United 
States is authorized to resolve any claim against the 
United States covered by article 10.15(1)(a)(i)(C) or 
10.15(1)(b)(i)(C) of the Agreement, pursuant to the In-
vestor-State Dispute Settlement procedures set forth in 
section B of chapter 10 of the Agreement. 
(b) CONTRACT CLAUSES.—All contracts executed by 
any agency of the United States on or after the date of 
entry into force of the Agreement shall contain a clause 
specifying the law that will apply to resolve any breach 
of contract claim.
SEC. 107. EFFECTIVE DATES; EFFECT OF TERMINATION. 
(a) EFFECTIVE DATES.—Except as provided in sub-
section (b), the provisions of this Act and the amendments 
made by this Act take effect on the date the Agreement 
enters into force. 
(b) EXCEPTIONS.—Sections 1 through 3 and this 
title take effect on the date of the enactment of this Act. 
(c) TERMINATION
OF
THE AGREEMENT.—On the 
date on which the Agreement ceases to be in force, the 
provisions of this Act (other than this subsection) and the 
amendments made by this Act shall cease to be effective. 
TITLE II—CUSTOMS PROVISIONS 
SEC. 201. TARIFF MODIFICATIONS. 
(a) TARIFF MODIFICATIONS PROVIDED FOR IN THE 
AGREEMENT.—
(1) PROCLAMATION
AUTHORITY.—The Presi-
dent may proclaim—
(A) such modifications or continuation of 
any duty, 
(B) such continuation of duty-free or ex-
cise treatment, or 
(C) such additional duties, 
as the President determines to be necessary or ap-
propriate to carry out or apply articles 3.3, 3.7, 3.9, 
article 3.20 (8), (9), (10), and (11), and Annex 3.3 
of the Agreement.