datamatters24/research-document-archive huggingface dataset:
286 
section (a) shall be reduced by 3 percent of the 
least of— 
‘‘(i) the oil related qualified produc-
tion activities income of the taxpayer for 
the taxable year, 
‘‘(ii) the qualified production activities 
income of the taxpayer for the taxable 
year, or 
‘‘(iii) 
taxable 
income 
(determined 
without regard to this section). 
‘‘(B) OIL
RELATED
QUALIFIED
PRODUC-
TION
ACTIVITIES
INCOME.—For purposes of 
this section, the term ‘oil related qualified pro-
duction activities income’ means for any taxable 
year the qualified production activities income 
which is attributable to the production, refining, 
processing, transportation, or distribution of oil, 
gas, or any primary product thereof during 
such taxable year. 
‘‘(C) SPECIFIED OIL COMPANY.—For pur-
poses of this section, the term ‘specified oil 
company’ means— 
‘‘(i) any major integrated oil company 
(as defined in section 167(h)(5)(B)), and 
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‘‘(i) order such holding company or 
any such nonbank subsidiary, after due no-
tice and opportunity for hearing, and after 
considering the views of the appropriate 
Federal banking agency and, if applicable, 
appropriate State bank supervisor, to ter-
minate such activities or to terminate 
(within 120 days or such longer period as 
the appropriate Federal supervisory agency 
may direct in unusual circumstances) the 
ownership or control by such holding com-
pany or nonbank subsidiary of any such de-
pository institution subsidiary either by 
sale or by distribution of the shares of the 
depository institution subsidiary, in accord-
ance with subparagraph (B), to the share-
holders of the holding company of the indus-
trial bank; or 
‘‘(ii) order the holding company of the 
industrial bank, after due notice and oppor-
tunity for hearing, and after consultation 
with the appropriate State bank supervisor 
for the industrial bank, to terminate (with-
in 120 days or such longer period as the ap-
propriate Federal supervisory agency may 
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HR 6899 PCS 
under subparagraph (A) shall contain inde-
pendent verification requirements to ensure 
that, with respect to an employee of an agen-
cy— 
‘‘(i) the eligibility of the employee for 
benefits under the program is verified by 
an official of the agency; 
‘‘(ii) employee commuting costs are 
verified by an official of the agency; and 
‘‘(iii) records of the agency are 
checked to ensure that the employee is not 
receiving parking benefits from the agency. 
‘‘(D) PROGRAM
IMPLEMENTATION
RE-
QUIREMENTS.—The guidance to be issued 
under subparagraph (A) shall contain program 
implementation requirements applicable to each 
agency to ensure that— 
‘‘(i) benefits provided by the agency 
under the program are adjusted in cases of 
employee travel, leave, or change of ad-
dress; 
‘‘(ii) removal from the program is in-
cluded in the procedures of the agency re-
lating to an employee separating from em-
ployment with the agency; and 
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†
705
HR 6 EAS2
‘‘(A) that is—
‘‘(i) contained in intermodal cargo
containers and loaded by crane on the ves-
sel; or
‘‘(ii) loaded on the vessel by means of
wheeled technology; and
‘‘(B) that is—
‘‘(i) loaded at a port in the United
States and unloaded either at another port
in the United States or at a port in Canada
located in the Great Lakes Saint Lawrence
Seaway System; or
‘‘(ii) loaded at a port in Canada lo-
cated in the Great Lakes Saint Lawrence
Seaway System and unloaded at a port in
the United States.’’.
(b) ALLOWABLE PURPOSE.—Section 53503(b) of such
title is amended by striking ‘‘or noncontiguous domestic
trade’’ and inserting ‘‘noncontiguous domestic, or short sea
transportation trade’’.
SEC. 1123. SHORT SEA TRANSPORTATION REPORT.
Not later than one year after the date of enactment
of this Act, the Secretary of Transportation, in consultation
with the Administrator of the Environmental Protection
Agency, shall submit to the Committee on Transportation
286 
HR 6899 PCS 
section (a) shall be reduced by 3 percent of the 
least of— 
‘‘(i) the oil related qualified produc-
tion activities income of the taxpayer for 
the taxable year, 
‘‘(ii) the qualified production activities 
income of the taxpayer for the taxable 
year, or 
‘‘(iii) 
taxable 
income 
(determined 
without regard to this section). 
‘‘(B) OIL
RELATED
QUALIFIED
PRODUC-
TION
ACTIVITIES
INCOME.—For purposes of 
this section, the term ‘oil related qualified pro-
duction activities income’ means for any taxable 
year the qualified production activities income 
which is attributable to the production, refining, 
processing, transportation, or distribution of oil, 
gas, or any primary product thereof during 
such taxable year. 
‘‘(C) SPECIFIED OIL COMPANY.—For pur-
poses of this section, the term ‘specified oil 
company’ means— 
‘‘(i) any major integrated oil company 
(as defined in section 167(h)(5)(B)), and 
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†
166
HR 6 PP
‘‘(4) NEIGHBORHOOD ELECTRIC VEHICLE.—The
term ‘neighborhood electric vehicle’ means a 4-wheeled
on-road or nonroad vehicle that—
‘‘(A) has a top attainable speed in 1 mile
of more than 20 mph and not more than 25 mph
on a paved level surface; and
‘‘(B) is propelled by an electric motor and
on-board, rechargeable energy storage system that
is rechargeable using an off-board source of elec-
tricity.
‘‘(5) PLUG-IN HYBRID ELECTRIC VEHICLE.—The
term ‘plug-in hybrid electric vehicle’ means a light-
duty, medium-duty, or heavy-duty on-road or
nonroad vehicle that is propelled by any combination
of—
‘‘(A) an electric motor and on-board, re-
chargeable energy storage system capable of oper-
ating the vehicle in intermittent or continuous
all-electric mode and which is rechargeable using
an off-board source of electricity; and
‘‘(B) an internal combustion engine or heat
engine using any combustible fuel.’’;
(3) in subsection (b) (as redesignated by para-
graph (1))—
if the Secretary determines that compliance with such pro-
vision would impede the timely implementation of this Act. 
Æ 
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(iii) on the south and west, by State 
Route 321. 
(M) THE TIONESTA SPECIAL AREA.—Cer-
tain land in the Allegheny National Forest, 
Bradford and Marienville Ranger Districts, Elk, 
Forest, McKean, and Warren Counties, totaling 
approximately 27,000 acres, and comprised of 
Allegheny National Forest land bounded— 
(i) on the west, by private land and 
State Route 948; 
(ii) on the northwest, by Forest Serv-
ice Road 258; 
(iii) on the north, by Hoffman Farm 
Recreation Area and Forest Service Road 
486; 
(iv) on the northeast, by private land 
and State Route 6; 
(v) on the east, by private land south 
to Forest Road 133, then by snowmobile 
trail from Forest Road 133 to Windy City, 
then by private land and Forest Road 327 
to Russell City; and 
(vi) on the southwest, by State Routes 
66 and 948. 
(19) SOUTH CAROLINA.— 
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157 
‘‘(3) AMENDMENT OF STANDARD; NEW DETER-
MINATION.— 
‘‘(A) AMENDMENT OF STANDARD.—Not later 
than 2 years after a notice is issued under para-
graph (1)(B), the Secretary shall publish a final 
rule amending the standard for the product. 
‘‘(B) NEW DETERMINATION.—Not later than 
3 years after a determination under paragraph 
(1)(A), the Secretary shall make a new deter-
mination and publication under subparagraph 
(A) or (B) of paragraph (1). 
‘‘(4) APPLICATION TO PRODUCTS.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), an amendment prescribed 
under this subsection shall apply to— 
‘‘(i) with respect to refrigerators, re-
frigerator-freezers, freezers, room air condi-
tioners, dishwashers, clothes washers, clothes 
dryers, fluorescent lamp ballasts, and kitch-
en ranges and ovens, such a product that is 
manufactured after the date that is 3 years 
after publication of the final rule estab-
lishing an applicable standard; and 
‘‘(ii) with respect to central air condi-
tioners, heat pumps, water heaters, pool
(A) 
BIG
SHOALS, 
SOUTH
CAROLINA 
AREA.—Certain land in the Sumter National 
Forest, Andrew Pickens Ranger District, in 
Oconee County, totaling approximately 2,000 
acres, known as ‘‘Big Shoals, South Carolina 
Area’’, 15 miles south of Highlands, North 
Carolina. 
(B) BRASSTOWN CREEK, SOUTH CAROLINA 
AREA.—Certain land in the Sumter National 
Forest, Andrew Pickens Ranger District, in 
Oconee County, totaling approximately 3,500 
acres, known as ‘‘Brasstown Creek, South 
Carolina Area’’, approximately 15 miles west of 
Westminster, South Carolina. 
(C) CHAUGA.—Certain land in the Sumter 
National Forest, Andrew Pickens Ranger Dis-
trict, in Oconee County, totaling approximately 
16,000 acres, known as ‘‘Chauga’’, approxi-
mately 10 miles west of Walhalla, South Caro-
lina. 
(D) DARK BOTTOMS.—Certain land in the 
Sumter National Forest, Andrew Pickens Rang-
er District, in Oconee County, totaling approxi-
mately 4,000 acres, known as ‘‘Dark Bottoms’’, 
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such term in section 9101 of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 7801). 
Æ 
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(2) by inserting after subparagraph (A) the fol-
lowing: 
‘‘(B) to develop, with the guidance of adult 
mentors and professionals, a student-driven 
methamphetamine awareness project such as a 
public service announcement or a television, 
radio, or print advertisement;’’. 
Passed the House of Representatives September 25, 
2008. 
Attest: 
Clerk.
111 
‘‘(iv) is feasible, as defined in section 
1412(b)(4)(D), to be incorporated into the 
operation of the covered water system. 
‘‘(D) APPEAL.—Before requiring, pursuant 
to subparagraph (B), the implementation of a 
method to reduce the consequences of a chem-
ical release from an intentional act, the State 
exercising primary enforcement responsibility 
for the covered water system, if the system is 
located in such a State, or the Administrator, 
if the covered water system is not located in 
such a State, shall provide such covered water 
system an opportunity to appeal the determina-
tion to require such implementation made pur-
suant to subparagraph (B) by such State or the 
Administrator. 
‘‘(4) INCOMPLETE OR LATE ASSESSMENTS.— 
‘‘(A) INCOMPLETE ASSESSMENTS.—If the 
Administrator finds that the covered water sys-
tem, in conducting its assessment under para-
graph (2), did not meet the requirements of 
paragraph (2) and the applicable regulations, 
the Administrator shall, after notifying the cov-
ered water system and the State exercising pri-
mary enforcement responsibility for that sys-
‘‘(b) REQUESTS FOR EXTENSIONS.—At the request 
of a non-Federal interest, the Secretary, acting through 
the Chief of Engineers, may extend the period during 
which the Secretary provides beach nourishment for a 
project under subsection (a) for such additional period as 
the Secretary determines necessary, except that the addi-
tional period may not exceed 50 years.’’. 
Æ 
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(42 U.S.C. 5155(b)) is amended by adding at the end the 
following: 
‘‘(4) INSURANCE DEDUCTIBLES.—This section 
shall not prohibit the provision of Federal assistance 
to a person as reimbursement for all or any part of 
the amount of a deductible the person is required to 
pay as a condition for the receipt of benefits under 
an insurance policy that has been obtained by the 
person pursuant to section 311.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
this section shall apply with respect to a major disaster 
or emergency declared by the President on or after Sep-
tember 1, 2008. 
Æ 
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138 
chapter in the same manner and based on 
the same relative percentages otherwise de-
termined under clause (ii). 
‘‘(3) DETERMINATION OF USER FEE BY COM-
PANY.— 
‘‘(A) IN GENERAL.—The total user fee to 
be paid by each manufacturer or importer of a 
particular class of tobacco products shall be de-
termined for each quarter by multiplying— 
‘‘(i) such manufacturer’s or importer’s 
percentage share as determined under 
paragraph (4); by 
‘‘(ii) the portion of the user fee 
amount for the current quarter to be as-
sessed on all manufacturers and importers 
of such class of tobacco products as deter-
mined under paragraph (2). 
‘‘(B) NO FEE IN EXCESS OF PERCENTAGE 
SHARE.—No manufacturer or importer of to-
bacco products shall be required to pay a user 
fee in excess of the percentage share of such 
manufacturer or importer. 
‘‘(4) ALLOCATION
OF
ASSESSMENT
WITHIN 
EACH CLASS OF TOBACCO PRODUCT.—The percent-
age share of each manufacturer or importer of a 
VerDate Nov 24 2008 
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vermiculite, and wollastonite, including any 
product containing calcium carbonate, olivine, 
talc, vermiculite, or wollastonite, that has been 
tested using a test method established under 
subparagraph (B) and determined to have an 
asbestos content that is less than— 
‘‘(i) 0.001 percent; or 
‘‘(ii) if a lower asbestos content level 
has been established by the Administrator 
under subparagraph (C), such level. 
‘‘(B) ASBESTOS TEST METHOD.—(i) Not 
later than 1 year after the date of enactment of 
this title, the Administrator shall issue guidance 
establishing the test method, including the sam-
pling frequency, for purposes of compliance 
with this paragraph. In developing the test 
method under this clause, the Administrator 
shall evaluate and take into account— 
‘‘(I) the most accurate and precise 
test methods for sampling and analysis of 
asbestos-containing calcium carbonate, oli-
vine, talc, vermiculite, and wollastonite; 
‘‘(II) actual and potential human ex-
posures to asbestos-containing calcium car-
VerDate Aug 31 2005 
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SECTION 1. STAFF SERGEANT NICHOLAS RAY CARNES 
POST OFFICE. 
(a) DESIGNATION.—The facility of the United States 
Postal Service located at 513 6th Avenue in Dayton, Ken-
tucky, shall be known and designated as the ‘‘Staff Ser-
geant Nicholas Ray Carnes Post Office’’. 
(b) REFERENCES.—Any reference in a law, map, reg-
ulation, document, paper, or other record of the United 
States to the facility referred to in subsection (a) shall 
be deemed to be a reference to the ‘‘Staff Sergeant Nich-
olas Ray Carnes Post Office’’. 
Passed the House of Representatives September 27, 
2008. 
Attest: 
Clerk.
110TH CONGRESS 
2D SESSION 
H. R. 6902 
AN ACT 
To designate the facility of the United States Post-
al Service located at 513 6th Avenue in Dayton, 
Kentucky, as the ‘‘Staff Sergeant Nicholas Ray 
Carnes Post Office’’.
H. R. 6902 
One Hundred Tenth Congress 
of the 
United States of America 
AT THE SECOND SESSION 
Begun and held at the City of Washington on Thursday, 
the third day of January, two thousand and eight 
An Act 
To designate the facility of the United States Postal Service located at 513 6th 
Avenue in Dayton, Kentucky, as the ‘‘Staff Sergeant Nicholas Ray Carnes Post 
Office’’. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. STAFF SERGEANT NICHOLAS RAY CARNES POST OFFICE. 
(a) DESIGNATION.—The facility of the United States Postal 
Service located at 513 6th Avenue in Dayton, Kentucky, shall 
be known and designated as the ‘‘Staff Sergeant Nicholas Ray 
Carnes Post Office’’. 
(b) REFERENCES.—Any reference in a law, map, regulation, 
document, paper, or other record of the United States to the facility 
referred to in subsection (a) shall be deemed to be a reference 
to the ‘‘Staff Sergeant Nicholas Ray Carnes Post Office’’. 
Speaker of the House of Representatives. 
Vice President of the United States and
President of the Senate.
(b) REFERENCES.—Any reference in a law, map, reg-
ulation, document, paper, or other record of the United 
States to the facility referred to in subsection (a) shall 
be deemed to be a reference to the ‘‘Staff Sergeant Nich-
olas Ray Carnes Post Office’’. 
Æ 
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II 
110TH CONGRESS 
2D SESSION 
H. R. 6902 
IN THE SENATE OF THE UNITED STATES 
SEPTEMBER 29 (legislative day, SEPTEMBER 17), 2008 
Received 
AN ACT 
To designate the facility of the United States Postal Service 
located at 513 6th Avenue in Dayton, Kentucky, as 
the ‘‘Staff Sergeant Nicholas Ray Carnes Post Office’’. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
VerDate Aug 31 2005 
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HR 6902 RDS
SECTION 1. STAFF SERGEANT NICHOLAS RAY CARNES 
POST OFFICE. 
(a) DESIGNATION.—The facility of the United States 
Postal Service located at 513 6th Avenue in Dayton, Ken-
tucky, shall be known and designated as the ‘‘Staff Ser-
geant Nicholas Ray Carnes Post Office’’. 
(b) REFERENCES.—Any reference in a law, map, reg-
ulation, document, paper, or other record of the United 
States to the facility referred to in subsection (a) shall 
be deemed to be a reference to the ‘‘Staff Sergeant Nich-
olas Ray Carnes Post Office’’. 
Passed the House of Representatives September 27, 
2008. 
Attest: 
LORRAINE C. MILLER, 
Clerk. 
VerDate Aug 31 2005 
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‘‘(4) The list will distinguish between— 
‘‘(A) diseases and conditions of urgent 
public health importance for which immediate 
action may be needed; and 
‘‘(B) diseases and conditions for which re-
porting is less urgent and mainly for the pur-
pose of monitoring trends and evaluating public 
health intervention programs. 
‘‘(c) NOTIFICATIONS TO CDC.—The process under 
subsection (a) shall provide for reporting to the Director 
of the Centers for Disease Control and Prevention as fol-
lows: 
‘‘(1) For diseases and conditions described in 
subsection (b)(4)(A), reporting will occur— 
‘‘(A) by telephone or by using a system de-
scribed in section 2821(c)(2)(B); and 
‘‘(B) within 24 hours of the State making 
a determination that a disease or condition 
meets the criteria for national reporting for 
that disease or condition. 
‘‘(2) For diseases and conditions described in 
subsection (b)(4)(B), reporting will occur— 
‘‘(A) by using a system described in sec-
tion 2821(c)(2)(B); and 
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(b) PHSA.—Section 2702(a)(2)(B) of the Public 
Health Service Act (42 U.S.C. 300gg–1(a)(2)(B)) is 
amended by inserting before the period at the end the fol-
lowing: ‘‘so long as— 
‘‘(i) such limitations and restrictions 
are explicit and clear; 
‘‘(ii) in the case of such limitations 
and restrictions in health insurance cov-
erage offered in connection with the group 
health plan, such limitations and restric-
tions have been disclosed to the plan spon-
sor in advance of the point of sale to the 
plan; 
‘‘(iii) the plan sponsor and the issuer 
of the group health insurance coverage 
make available, to participants and bene-
ficiaries in the plan in advance of the point 
of their enrollment under the plan, a de-
scription of such limitations and restric-
tions in a form that is easily understand-
able by such participants and beneficiaries; 
and 
‘‘(iv) the plan sponsor and the issuer 
of the coverage provides such description 
VerDate Aug 31 2005 
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172 
(6) an employment contract providing for direct services to a Federal 
agency by an individual; and 
(7) a contract with the United States Postal Service, the principal 
purpose of which is the operation of postal contract stations. 
§ 6703. Required contract terms 
A contract, and bid specification for a contract, to which this chapter ap-
plies under section 6702 of this title shall contain the following terms: 
(1) MINIMUM WAGE.—The contract and bid specification shall con-
tain a provision specifying the minimum wage to be paid to each class 
of service employee engaged in the performance of the contract or any 
subcontract, as determined by the Secretary or the Secretary’s author-
ized representative, in accordance with prevailing rates in the locality, 
or, where a collective-bargaining agreement covers the service employ-
ees, in accordance with the rates provided for in the agreement, includ-
ing prospective wage increases provided for in the agreement as a re-
sult of arm’s length negotiations. In any case the minimum wage may 
not be less than the minimum wage specified in section 6704 of this 
title. 
(2) FRINGE BENEFITS.—The contract and bid specification shall 
contain a provision specifying the fringe benefits to be provided to each 
class of service employee engaged in the performance of the contract 
or any subcontract, as determined by the Secretary or the Secretary’s 
authorized representative to be prevailing in the locality, or, where a 
collective-bargaining agreement covers the service employees, to be pro-
vided for under the agreement, including prospective fringe benefit in-
creases provided for in the agreement as a result of arm’s-length nego-
tiations. The fringe benefits shall include medical or hospital care, pen-
sions on retirement or death, compensation for injuries or illness result-
ing from occupational activity, or insurance to provide any of the fore-
going, unemployment benefits, life insurance, disability and sickness in-
surance, accident insurance, vacation and holiday pay, costs of appren-
ticeship or other similar programs and other bona fide fringe benefits 
not otherwise required by Federal, State, or local law to be provided 
by the contractor or subcontractor. The obligation under this para-
graph may be discharged by furnishing any equivalent combinations of 
fringe benefits or by making equivalent or differential payments in cash 
under regulations established by the Secretary. 
(3) WORKING CONDITIONS.—The contract and bid specification shall 
contain a provision specifying that no part of the services covered by 
this chapter may be performed in buildings or surroundings or under 
working conditions, provided by or under the control or supervision of 
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