datamatters24/research-document-archive huggingface dataset:
H. R. 3334
One Hundred Seventh Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, two thousand and one
An Act
To designate the Richard J. Guadagno Headquarters and Visitors Center at Hum-
boldt Bay National Wildlife Refuge, California.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. DESIGNATION.
The headquarters and visitors center at Humboldt Bay National
Wildlife Refuge, located at 1020 Ranch Road in Loleta, California,
is designated as the ‘‘Richard J. Guadagno Headquarters and Visi-
tors Center’’.
SEC. 2. REFERENCES.
Any reference in a law, map, regulation, document, paper,
or other record of the United States to such building is deemed
to be a reference to the ‘‘Richard J. Guadagno Headquarters and
Visitors Center’’.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
I
107TH CONGRESS
1ST SESSION
H. R. 3334
To designate the Richard J. Guadagno Headquarters and Visitors Center
at Humboldt Bay National Wildlife Refuge, California.
NOVEMBER 16, 2001
Mr. THOMPSON of California, (for himself, Mr. HANSEN, Mr. RAHALL, Mr.
YOUNG of Alaska, Mr. HOLT, Mr. GILCHREST, Mr. UNDERWOOD, Mr.
ABERCROMBIE, Mr. ACEVEDO-VILA´, Mr. ANDREWS Mr. BACA, Mr.
BALDACCI, Mr. BECERRA, Mr. BERMAN, Mr. BERRY, Mrs. BONO, Mr.
BOSWELL, Mr. BOUCHER, Mr. BRADY of Pennsylvania, Mr. BUYER, Mr.
CALVERT, Mr. CANNON, Mrs. CAPPS, Mr. CARSON of Oklahoma, Mr.
CASTLE, Mr. CHAMBLISS, Mr. CONDIT, Mr. COX, Mr. CRAMER, Mrs.
CUBIN, Mr. CUNNINGHAM, Mrs. DAVIS of California, Mr. DEAL of Geor-
gia, Mr. DEFAZIO, Ms. DELAURO, Mr. DINGELL, Mr. DOOLEY of Cali-
fornia, Mr. DOOLITTLE, Mr. DOYLE, Mr. DREIER, Mr. DUNCAN, Ms.
ESHOO, Mr. FALEOMAVAEGA, Mr. FARR of California, Mr. FERGUSON,
Mr. FILNER, Mr. FLAKE, Mr. FLETCHER, Mr. FORD, Mr. FROST, Mr.
GALLEGLY, Mr. GIBBONS, Mr. GOODE, Mr. GUTKNECHT, Mr. HALL of
Texas, Mr. HALL of Ohio, Ms. HARMAN, Mr. HAYES, Mr. HAYWORTH,
Mr. HEFLEY, Mr. HERGER, Mr. HILL, Mr. HOLDEN, Mr. HONDA, Mr.
HORN, Mr. HUNTER, Mr. ISSA, Mr. JONES of North Carolina, Mr. KIL-
DEE, Mr. KIND, Mr. LANTOS, Ms. LEE, Mr. LEWIS of California, Ms.
LOFGREN, Mr. LUCAS of Oklahoma, Mr. MARKEY, Mr. MATSUI, Ms.
MCCOLLUM, Mr. MCGOVERN, Mr. MCINNIS, Ms. MCKINNEY, Mr. GARY
G. MILLER of California, Mr. GEORGE MILLER of California, Ms.
MILLENDER-MCDONALD, 
Mr. 
MCKEON, 
Mr. 
MURTHA, 
Mrs.
NAPOLITANO, Mr. NORWOOD, Mr. ORTIZ, Mr. OSBORNE, Mr. OSE, Mr.
OTTER, Mr. PHELPS, Mr. PICKERING, Mr. PALLONE, Mr. PASCRELL, Mr.
PASTOR, Mr. POMBO, Mr. PETERSON of Pennsylvania, Mr. PETERSON of
Minnesota, Mr. RADANOVICH, Mr. REHBERG, Mr. ROHRABACHER, Mr.
ROSS, Mr. ROYCE, Mr. RYAN of Wisconsin, Mr. RYUN of Kansas, Ms.
SANCHEZ, Mr. SANDERS, Mr. SANDLIN, Mr. SAXTON, Mr. SCHAFFER,
Mr. SCHIFF, Mr. SHERMAN, Mr. SIMPSON, Mr. SMITH of Washington,
Ms. SOLIS, Mr. SOUDER, Mr. STARK, Mr. STENHOLM, Mr. TANCREDO,
Mr. TANNER, Mrs. TAUSCHER, Mr. TAUZIN, Mr. THOMAS, Mr. THORN-
BERRY, Mr. TOWNS, Mr. TURNER, Mr. UDALL of Colorado, Mr. UDALL
of New Mexico, Mr. WALDEN, Ms. WATERS, Ms. WATSON of California,
Mr. WAXMAN, Ms. WOOLSEY, and Mr. WU) introduced the following bill;
which was referred to the Committee on Resources
A BILL
To designate the Richard J. Guadagno Headquarters and
Visitors Center at Humboldt Bay National Wildlife Ref-
uge, California.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. DESIGNATION OF RICHARD J. GUADAGNO
HEADQUARTERS AND VISITORS CENTER.
(a) DESIGNATION.—The headquarters and visitors
center at Humboldt Bay National Wildlife Refuge, located
at 1020 Ranch Road in Loleta, California, is designated
as the Richard J. Guadagno Headquarters and Visitors
Center.
(b) REFERENCES.—Any reference in a law, map, reg-
ulation, document, paper, or other record of the United
States to such building is deemed to be a reference to the
Richard J. Guadagno Headquarters and Visitors Center.
Æ
II
107TH CONGRESS
1ST SESSION
H. R. 3334
IN THE SENATE OF THE UNITED STATES
DECEMBER 19 (legislative day, DECEMBER 18), 2001
Received
AN ACT
To designate the Richard J. Guadagno Headquarters and
Visitors Center at Humboldt Bay National Wildlife Ref-
uge, California.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
HR 3334 RDS
SECTION 1. DESIGNATION.
The headquarters and visitors center at Humboldt
Bay National Wildlife Refuge, located at 1020 Ranch
Road in Loleta, California, is designated as the ‘‘Richard
J. Guadagno Headquarters and Visitors Center’’.
SEC. 2. REFERENCES.
Any reference in a law, map, regulation, document,
paper, or other record of the United States to such build-
ing is deemed to be a reference to the ‘‘Richard J.
Guadagno Headquarters and Visitors Center’’.
Passed the House of Representatives December 18,
2001.
Attest:
JEFF TRANDAHL,
Clerk.
I
107TH CONGRESS
1ST SESSION
H. R. 3336
To amend the Public Health Service Act to establish a program to provide
screenings and treatment for cancer to minority and other populations
served by health centers under section 330 of such Act, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 16, 2001
Ms. WATERS introduced the following bill; which was referred to the
Committee on Energy and Commerce
A BILL
To amend the Public Health Service Act to establish a pro-
gram to provide screenings and treatment for cancer
to minority and other populations served by health cen-
ters under section 330 of such Act, and for other pur-
poses.
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 ‘‘Cancer Testing, Edu-
cation, Screening, and Treatment Act’’.
HR 3338 EAS
ment 
of 
Defense 
Military 
Retirement 
Fund,
$20,032,704,000.
RESERVE PERSONNEL, ARMY
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Army Re-
serve on active duty under sections 10211, 10302, and 3038
of title 10, United States Code, or while serving on active
duty under section 12301(d) of title 10, United States Code,
in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while under-
going reserve training, or while performing drills or equiva-
lent duty or other duty, and for members of the Reserve
Officers’ Training Corps, and expenses authorized by sec-
tion 16131 of title 10, United States Code; and for pay-
ments to the Department of Defense Military Retirement
Fund, $2,670,197,000.
RESERVE PERSONNEL, NAVY
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Navy Re-
serve on active duty under section 10211 of title 10, United
States Code, or while serving on active duty under section
12301(d) of title 10, United States Code, in connection with
performing duty specified in section 12310(a) of title 10,
United States Code, or while undergoing reserve training,
or while performing drills or equivalent duty, and for mem-
SEC. 2. CANCER PREVENTION AND TREATMENT FOR UN-
DERSERVED MINORITY OR OTHER POPU-
LATIONS.
Part D of title III of the Public Health Service Act
(42 U.S.C. 254b et seq.) is amended by inserting after
section 330H the following:
‘‘SEC. 330I. CANCER PREVENTION AND TREATMENT FOR
UNDERSERVED MINORITY OR OTHER POPU-
LATIONS.
‘‘(a) IN GENERAL.—The Secretary may make grants
to qualifying health centers for the development, expan-
sion, or operation of programs that, for individuals other-
wise served by such centers, provide—
‘‘(1) information and education on cancer pre-
vention;
‘‘(2) screenings for cancer;
‘‘(3) counseling on cancer, including counseling
upon a diagnosis of cancer; and
‘‘(4) treatment for cancer.
‘‘(b) QUALIFYING HEALTH CENTERS.—For purposes
of this section, the term ‘qualifying health center’ means
health centers receiving grants under section 330, includ-
ing community health centers, migrant health centers,
health centers for the homeless, and health centers for
residents of public housing.
‘‘(c) PREFERENCE IN MAKING GRANTS.—In making
grants under subsection (a), the Secretary shall give pref-
erence to applicants that—
‘‘(1) have service populations under section 330
that include a significant number of low-income mi-
nority individuals who are at-risk for cancer;
‘‘(2) will, through programs under subsection
(a)—
‘‘(A) emphasize early detection of and
treatment for cancer;
‘‘(B) provide comprehensive treatment
services for cancer in its earliest stages; and
‘‘(C) carry out subparagraphs (A) and (B)
for two or more types of cancer;
‘‘(3) provide health services in a manner that is
convenient to individuals in the communities served
by the applicants; and
‘‘(4) in order to provide treatment for cancer,
have established or will establish referral arrange-
ments with entities that provide screenings for low-
income individuals.
‘‘(d) APPROPRIATE CULTURAL CONTEXT.—A condi-
tion for the receipt of a grant under subsection (a) is that
the applicant involved agree that, in the program carried
out with the grant, services will be provided in the lan-
guages and cultural contexts most appropriate for the in-
dividuals for whom the services are provided.
‘‘(e) OUTREACH SERVICES.—A condition for the re-
ceipt of a grant under subsection (a) is that the applicant
involved agree to provide outreach activities to inform the
public of the services of the program, and to provide offsite
information on cancer; and
‘‘(f) APPLICATION FOR GRANT.—A grant may be
made under subsection (a) only if an application for the
grant is submitted to the Secretary and the application
is in such form, is made in such manner, and contains
such agreements, assurances, and information as the Sec-
retary determines to be necessary to carry out this section.
‘‘(g) DESIGNATION OF TYPE OF CANCER.—In mak-
ing a grant under subsection (a), the Secretary shall des-
ignate the type or types of cancer with respect to which
the grant is being made.
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—For the
purpose of carrying out this section, there are authorized
to be appropriated such sums as may be necessary for
each of the fiscal years 2002 through 2006.’’.
Æ
I
107TH CONGRESS
1ST SESSION
H. R. 3337
To ensure that a Federal employee who takes leave without pay in order
to perform service as a member of the uniformed services or member
of the National Guard shall continue to receive pay in an amount which,
when taken together with the pay and allowances such individual is
receiving for such service, will be no less than the basic pay such
individual would then be receiving if no interruption in employment
had occurred.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 16, 2001
Mr. WEXLER (for himself, Mrs. MORELLA, Mr. WYNN, Mr. HOYER, and Mr.
FILNER) introduced the following bill; which was referred to the Com-
mittee on Government Reform
A BILL
To ensure that a Federal employee who takes leave without
pay in order to perform service as a member of the
uniformed services or member of the National Guard
shall continue to receive pay in an amount which, when
taken together with the pay and allowances such indi-
vidual is receiving for such service, will be no less than
the basic pay such individual would then be receiving
if no interruption in employment had occurred.
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 ‘‘Reservists Pay Secu-
rity Act of 2001’’.
SEC. 2. NONREDUCTION IN PAY WHILE FEDERAL EM-
PLOYEE IS PERFORMING ACTIVE SERVICE IN
THE UNIFORMED SERVICES OR NATIONAL
GUARD.
(a) IN GENERAL.—Subchapter IV of chapter 55 of
title 5, United States Code, is amended by adding at the
end the following:
‘‘§ 5538. Nonreduction in pay while serving in the
uniformed services or National Guard
‘‘(a) An employee who is absent from a position of
employment with the Federal Government in order to per-
form service in the uniformed services or the National
Guard shall be entitled to receive, for each pay period de-
scribed in subsection (b), an amount equal to the amount
by which—
‘‘(1) the amount of basic pay which would oth-
erwise have been payable to such employee for such
pay period if such employee’s civilian employment
with the Government had not been interrupted by
that service, exceeds (if at all)
‘‘(2) the amount of pay and allowances which
(as determined under subsection (d))—
HR 3338 EAS
bers of the Reserve Officers’ Training Corps, and expenses
authorized by section 16131 of title 10, United States Code;
and for payments to the Department of Defense Military
Retirement Fund, $1,650,523,000.
RESERVE PERSONNEL, MARINE CORPS
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Marine
Corps Reserve on active duty under section 10211 of title
10, United States Code, or while serving on active duty
under section 12301(d) of title 10, United States Code, in
connection with performing duty specified in section
12310(a) of title 10, United States Code, or while under-
going reserve training, or while performing drills or equiva-
lent duty, and for members of the Marine Corps platoon
leaders class, and expenses authorized by section 16131 of
title 10, United States Code; and for payments to the De-
partment 
of 
Defense 
Military 
Retirement 
Fund,
$466,300,000.
RESERVE PERSONNEL, AIR FORCE
For pay, allowances, clothing, subsistence, gratuities,
travel, and related expenses for personnel of the Air Force
Reserve on active duty under sections 10211, 10305, and
8038 of title 10, United States Code, or while serving on
active duty under section 12301(d) of title 10, United States
Code, in connection with performing duty specified in sec-
225
HR 3338 RS
and equipment, $10,742,710,000, to remain available for
obligation until September 30, 2003.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION, AIR
FORCE
For expenses necessary for basic and applied scientific
research, development, test and evaluation, including main-
tenance, rehabilitation, lease, and operation of facilities
and equipment, $13,859,401,000, to remain available for
obligation until September 30, 2003.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION,
DEFENSE-WIDE
For expenses of activities and agencies of the Depart-
ment of Defense (other than the military departments), nec-
essary for basic and applied scientific research, develop-
ment, test and evaluation; advanced research projects as
may be designated and determined by the Secretary of De-
fense, pursuant to law; maintenance, rehabilitation, lease,
and operation of facilities and equipment, $14,445,589,000,
to remain available for obligation until September 30,
2003.
OPERATIONAL TEST AND EVALUATION, DEFENSE
For expenses, not otherwise provided for, necessary for
the independent activities of the Director, Operational Test
and Evaluation in the direction and supervision of oper-
ational test and evaluation, including initial operational
OPERATION AND MAINTENANCE, MARINE CORPS
For expenses, not otherwise provided for, necessary
for the operation and maintenance of the Marine Corps,
as authorized by law, $2,939,434,000.
OPERATION AND MAINTENANCE, AIR FORCE
For expenses, not otherwise provided for, necessary
for the operation and maintenance of the Air Force, as
authorized by law; and not to exceed $7,998,000 can be
used for emergencies and extraordinary expenses, to be ex-
pended on the approval or authority of the Secretary of
the Air Force, and payments may be made on his certifi-
cate of necessity for confidential military purposes,
$25,842,968,000: Provided, That notwithstanding any
other provision of law, that of the funds available under
this heading, $750,000 shall only be available to the Sec-
retary of the Air Force for a grant to Florida Memorial
College for the purpose of funding minority aviation train-
ing.
OPERATION AND MAINTENANCE, DEFENSE-WIDE
For expenses, not otherwise provided for, necessary
for the operation and maintenance of activities and agen-
cies of the Department of Defense (other than the military
departments), as authorized by law, $12,122,590,000, of
which not to exceed $25,000,000 may be available for the
CINC initiative fund account; and of which not to exceed
ernment and contractor-owned equipment layaway; and
other expenses necessary for the foregoing purposes,
$4,103,036,000, to remain available for obligation until
September 30, 2004.
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
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,
$8,084,543,000, to remain available for obligation until
September 30, 2004.
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
245
HR 3338 RS
civil authorities in the protection or saving of life or
property or prevention of injury—
(A) Federal service under sections 331, 332,
333, or 12406 of title 10, United States Code, or
other provision of law, as applicable; or
(B) full-time military service for his or her
State, the District of Columbia, the Common-
wealth of Puerto Rico, or a territory of the
United States; and
(3) requests and is granted—
(A) leave under the authority of this section;
or
(B) annual leave, which may be granted
without regard to the provisions of sections 5519
and 6323(b) of title 5, United States Code, if
such employee is otherwise entitled to such an-
nual leave:
Provided, That any employee who requests leave under sub-
section (3)(A) for service described in subsection (2) of this
section is entitled to such leave, subject to the provisions
of this section and of the last sentence of section 6323(b)
of title 5, United States Code, and such leave shall be con-
sidered leave under section 6323(b) of title 5, United States
Code.
procurement and installation of equipment, appliances,
and machine tools in public and private plants; reserve
plant and Government and contractor-owned equipment
layaway, $1,429,492,000, to remain available for obliga-
tion until September 30, 2004.
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-
thorized by section 2854 of title 10, United States Code,
and the land necessary therefor, for the foregoing pur-
poses, and such lands and interests therein, may be ac-
quired, and construction prosecuted thereon prior to ap-
proval of title; and procurement and installation of equip-
ment, appliances, and machine tools in public and private
plants; reserve plant and Government and contractor-
owned equipment layaway; and other expenses necessary
for the foregoing purposes, $492,599,000, to remain avail-
able for obligation until September 30, 2004.
SHIPBUILDING AND CONVERSION, NAVY
For expenses necessary for the construction, acquisi-
tion, or conversion of vessels as authorized by law, includ-
ing armor and armament thereof, plant equipment, appli-
368
HR 333 EAS
the collateral made in accordance with such agree-
ment.’’.
SEC. 910. DAMAGE MEASURE.
(a) IN GENERAL.—Title 11, United States Code, is
amended—
(1) by inserting after section 561, as added by
this Act, the following:
‘‘§ 562. Damage measure in connection with swap
agreements, securities contracts, forward
contracts, commodity contracts, repur-
chase 
agreements, 
or 
master 
netting
agreements
‘‘If the trustee rejects a swap agreement, securities con-
tract (as defined in section 741), forward contract, com-
modity contract (as defined in section 761), repurchase
agreement, or master netting agreement pursuant to section
365(a), or if a forward contract merchant, stockbroker, fi-
nancial institution, securities clearing agency, repo partici-
pant, financial participant, master netting agreement par-
ticipant, or swap participant liquidates, terminates, or ac-
celerates such contract or agreement, damages shall be
measured as of the earlier of—
‘‘(1) the date of such rejection; or
‘‘(2) the date of such liquidation, termination, or
acceleration.’’; and
be transferred in at least monthly payments from 
the Federal Old-Age and Survivors Insurance Trust 
Fund to the Tier I Investment Fund, such amounts 
to be determined on the basis of estimates, by the 
Commissioner of Social Security and certified to the 
Secretary of the Treasury under part A, of the 
wages paid to, and self-employment income derived 
by, participants, and proper adjustments shall be 
made in amounts subsequently transferred to the ex-
tent prior estimates were in excess of or were less 
than actual amounts. 
‘‘(4) 
SEPARATE
ACCOUNTING
AND
CRED-
ITING.—
‘‘(A) IN GENERAL.—Subject to this para-
graph, the Board shall provide, after the close 
of each calendar year, for prompt accounting of 
the amounts deposited in the Tier I Investment 
Fund with respect to each participant during 
such calendar year to such individual’s part B 
totalization account (established under sub-
section (d)), together with properly allocated in-
creases and decreases in such amounts reflect-
ing the net returns from investment of the bal-
ance of the Fund during such year under sec-
tion 253. For purposes of determining such in-
(2) by redesignating paragraph (6) as para-
graph (5); and 
(3) by inserting after paragraph (5) (as so re-
designated) the following: 
‘‘(6) REPORT ON FAMILIES THAT BECOME IN-
ELIGIBLE TO RECEIVE ASSISTANCE.—The report re-
quired by paragraph (1) for a fiscal quarter shall in-
clude for each month in the quarter the number of 
families and total number of individuals that, during 
the month, became ineligible to receive assistance 
under the State program funded under this part 
(broken down by the number of families that become 
so ineligible due to earnings, changes in family com-
position that result in increased earnings, sanctions, 
time limits, or other specified reasons).’’. 
(d) REGULATIONS.—Section 411(a)(7) (42 U.S.C. 
611(a)(7)) is amended—
(1) by inserting ‘‘and to collect the necessary 
data’’ before ‘‘with respect to which reports’’; 
(2) by striking ‘‘subsection’’ and inserting ‘‘sec-
tion’’; and 
(3) by striking ‘‘in defining the data elements’’ 
and all that follows and inserting ‘‘, the National 
Governors’ Association, the American Public Human 
Services Association, the National Conference of
SEC. 205. RECOVERY PERIOD FOR DEPRECIATION OF CER-
TAIN LEASEHOLD IMPROVEMENTS.
(a) 15-YEAR
RECOVERY
PERIOD.—Subparagraph
(E) of section 168(e)(3) (relating to 15-year property) is
amended by striking ‘‘and’’ at the end of clause (ii), by
striking the period at the end of clause (iii) and inserting
‘‘, and’’, and by adding at the end the following new
clause:
‘‘(iv) any qualified leasehold improve-
ment property.’’
(b) QUALIFIED LEASEHOLD IMPROVEMENT PROP-
ERTY.—Subsection (e) of section 168 is amended by add-
ing at the end the following new paragraph:
‘‘(6) QUALIFIED
LEASEHOLD
IMPROVEMENT
PROPERTY.—
‘‘(A) IN
GENERAL.—The term ‘qualified
leasehold improvement property’ means any im-
provement to an interior portion of a building
which is nonresidential real property if—
‘‘(i) such improvement is made under
or pursuant to a lease (as defined in sub-
section (h)(7))—
‘‘(I) by the lessee (or any subles-
see) of such portion, or
‘‘(II) by the lessor of such por-
tion,