datamatters24/research-document-archive huggingface dataset:
II 
Calendar No. 342
108TH CONGRESS 
1ST SESSION H. R. 2452
IN THE SENATE OF THE UNITED STATES 
OCTOBER 14, 2003
Received; read twice and referred to the Committee on Governmental Affairs 
OCTOBER 27, 2003
Reported by Ms. COLLINS, without amendment 
AN ACT 
To designate the facility of the United States Postal Service 
located at 339 Hicksville Road in Bethpage, New York, 
as the ‘‘Brian C. Hickey Post Office Building’’.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. DESIGNATION. 
The facility of the United States Postal Service lo-
cated at 339 Hicksville Road in Bethpage, New York, 
shall be known and designated as the ‘‘Brian C. Hickey 
Post Office Building’’.
SEC. 2. REFERENCES. 
Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility 
referred to in section 1 shall be deemed to be a reference 
to the ‘‘Brian C. Hickey Post Office Building’’.
Calendar No. 342
108TH CONGRESS 
1ST SESSION 
H. R. 2452
AN ACT 
To designate the facility of the United States Post-
al Service located at 339 Hicksville Road in 
Bethpage, New York, as the ‘‘Brian C. Hickey 
Post Office Building’’. 
OCTOBER 27, 2003
Reported without amendment
I 
108TH CONGRESS 
1ST SESSION H. R. 2453
To amend title XVIII of the Social Security Act to provide for coverage 
under the Medicare Program of substitute adult day care services. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 12, 2003
Mr. KLECZKA (for himself and Mr. STARK) introduced the following bill; 
which was referred to the Committee on Ways and Means, and in addi-
tion to the Committee on Energy and Commerce, for a period to be sub-
sequently determined by the Speaker, in each case for consideration of 
such provisions as fall within the jurisdiction of the committee concerned 
A BILL 
To amend title XVIII of the Social Security Act to provide 
for coverage under the Medicare Program of substitute 
adult day care services.
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 ‘‘Medicare Substitute 
Adult Day Care Services Act of 2003’’. 
SEC. 2. FINDINGS. 
Congress makes the following findings:
TITLE I—TOBACCO EQUITY 
ELIMINATION
SEC. 101. DEFINITIONS OF ACTIVE TOBACCO PRODUCER 
AND QUOTA HOLDER. 
In this title: 
(1) The term ‘‘active tobacco producer’’ means 
a owner, operator, landlord, tenant, or sharecropper 
who—
(A) shares in the risk of producing tobacco 
on a farm where tobacco is produced pursuant 
to a tobacco farm marketing quota or farm 
acreage allotment established under the Agri-
cultural Adjustment Act of 1938 (7 U.S.C. 
1281 et seq.) for the 2002 crop year; and 
(B) planted the crop, or is considered to 
have planted the crop under that Act, in 2002. 
(2) The term ‘‘tobacco quota holder’’ means an 
owner, as of July 1, 2002, of a tobacco farm mar-
keting quota or a farm acreage allotment established 
under the Agricultural Adjustment Act of 1938 (7 
U.S.C. 1281 et seq.) for the 2002 marketing year. 
SEC. 102. PAYMENTS TO TOBACCO QUOTA HOLDERS. 
(a) PAYMENT AUTHORITY.—The Secretary of Agri-
culture shall use funds of the Commodity Credit Corpora-
tion to make payments under this section to tobacco quota
(1) IN GENERAL.—Subject to paragraph (2), 
accessories, spare parts, or tools delivered with the 
good that form part of the good’s standard acces-
sories, spare parts, or tools shall—
(A) be treated as originating goods if the 
good is an originating good; and 
(B) be disregarded in determining whether 
all the nonoriginating materials used in the pro-
duction of the good undergo an applicable 
change in tariff classification set out in Annex 
3A of the Agreement. 
(2) CONDITIONS.—Paragraph (1) shall apply 
only if—
(A) the accessories, spare parts, or tools 
are not invoiced separately from the good; 
(B) the quantities and value of the acces-
sories, spare parts, or tools are customary for 
the good; and 
(C) if the good is subject to a regional 
value-content requirement, the value of the ac-
cessories, spare parts, or tools is taken into ac-
count as originating or nonoriginating mate-
rials, as the case may be, in calculating the re-
gional value-content of the good. 
(g) FUNGIBLE GOODS AND MATERIALS.—
under section 1861(m) with respect to such 
services. 
‘‘(B) 
ESTIMATION
OF
PAYMENT 
AMOUNT.—The Secretary shall estimate the 
amount that would otherwise be payable under 
this section for all home health services under 
that plan of care other than substitute adult 
day care services for a week or other period 
specified by the Secretary. 
‘‘(C) AMOUNT
OF
PAYMENT.—The total 
amount payable for home health services con-
sisting of substitute adult day care services 
under such plan of care is equal to the amount 
estimated to be payable under subparagraph 
(B) furnished under the plan by a home health 
agency. 
‘‘(2) LIMITATIONS.—
‘‘(A) IN GENERAL.—With respect to home 
health services consisting of substitute adult 
day care services, no payment may be made 
under this section for home health services con-
sisting of substitute adult day care services de-
scribed in clauses (ii) through (v) of section 
1861(ww)(1)(B).
‘‘(B) LIMITATION ON BALANCE BILLING.—
An adult day care facility shall accept as pay-
ment in full for substitute adult day care serv-
ices (including those services described in 
clauses 
(ii) 
through 
(v) 
of 
section 
1861(ww)(1)(B)) furnished by the facility to an 
individual entitled to benefits under this title 
the amount of payment provided under this sec-
tion for home health services consisting of sub-
stitute adult day care services.’’. 
(c) CONSOLIDATED BILLING.—Section 1862(a) of 
such Act (42 U.S.C. 1395y(a)), is amended—
(1) by striking ‘‘or’’ at the end of paragraph 
(20), 
(2) by striking the period at the end of para-
graph (21) and inserting ‘‘; or’’, and 
(3) by inserting after paragraph (21) the fol-
lowing new paragraph: 
‘‘(22) which are substitute adult day care serv-
ices for which payment may be made under section 
1895(f) and which are furnished to an individual by 
a substitute adult day care facility pursuant to a 
plan of care established under section 1861(m) with 
respect to such services, by an entity other than the 
substitute adult day care facility, unless the services
are furnished under arrangements (as defined in sec-
tion 1861(w)(1)) with the entity made by the sub-
stitute adult day care facility.’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall apply to items and services furnished on 
or after January 1, 2004.
Æ
revise the boundary of the Monument to exclude the land
conveyed.
(b) BOUNDARY REVISION.—Effective on the date of
the enactment of this Act, the boundary of the Monument
is revised to include an area of approximately 0.45 acres,
as shown on the map identified in subsection (a). The Sec-
retary shall administer the lands included in the boundary
as part of the national monument in accordance with ap-
plicable laws and regulations.
Passed the House of Representatives September 13,
2004.
Attest:
Clerk.
I 
108TH CONGRESS 
1ST SESSION H. R. 2457
To authorize funds for an educational center for the Castillo de San Marcos 
National Monument, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 12, 2003
Mr. MICA introduced the following bill; which was referred to the Committee 
on Resources 
A BILL 
To authorize funds for an educational center for the Castillo 
de San Marcos National Monument, 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 ‘‘Castillo de San Marcos 
National Monument Preservation and Education Act’’. 
SEC. 2. EDUCATIONAL CENTER FOR THE CASTILLO DE SAN 
MARCOS NATIONAL MONUMENT. 
(a) GRANTS AUTHORIZED.—The Secretary is author-
ized to make grants to the City and the Foundation jointly 
as follows:
HR 2457 RFS 
TITLE 
II—CASTILLO 
DE 
SAN 
MARCOS 
NATIONAL 
MONU-
MENT BOUNDARY MODIFICA-
TION 
SEC. 201. SHORT TITLE. 
This title may be cited as the ‘‘Castillo de San Marcos 
National Monument Boundary Adjustment Act of 2004’’. 
SEC. 202. FINDINGS. 
Congress finds the following: 
(1) The early defense lines for Fort Marion, 
Florida, today known as the Castillo de San Marcos 
National Monument, included defenses extending in 
a line due west to the Sebastian River, a distance of 
about one half mile. 
(2) In the 1830’s, during the Seminole Wars in 
Florida, these defensive lines were maintained, but 
as Florida became more settled they fell into dis-
repair and/or became obsolete. 
(3) In 1908 the War Department deeded much 
of the property running west to the Sebastian River 
to the St. Johns County Board of Public Instruc-
tion. The portion of this property remaining in fed-
eral ownership today is occupied by Orange Street, 
a City of St. Augustine, Florida street.
(1) LAND
ACQUISITION; DESIGN
AND
PLAN-
NING.—$2,000,000, to remain available until ex-
pended, for land acquisition for the Center from will-
ing owners only and for design and planning of the 
Center. 
(2) CONSTRUCTION.—$2,000,000, to remain 
available until expended, for construction of the Cen-
ter. 
(b) NON-FEDERAL CONTRIBUTION REQUIREMENT.—
(1) LAND, DESIGN, AND PLANNING GRANT.—
Before awarding a grant under subsection (a)(1), 
the Secretary shall ensure that the City and the 
Foundation have secured matching contributions for 
a dollar-for-dollar match of the grant. 
(2) CONSTRUCTION.—Before awarding a grant 
under subsection (a)(2), the Secretary shall ensure 
that the City and the Foundation have secured the 
following: 
(A) Matching contributions for a dollar-
for-dollar match of the grant. 
(B) The remainder of funds necessary to 
complete construction of the Center. 
(3) CONDITIONS.—Except for the funds re-
quired under paragraph (2)(B), amounts required 
under this subsection may be in the form of cash or
in-kind contributions. Such in-kind contributions 
may include the value of land designated on the Map 
if such land is donated to the Secretary by—
(A) the City; 
(B) the Foundation; or 
(C) the State of Florida, if the State has 
indicated to the Secretary in writing that such 
land was donated with the intent that the value 
of the land be counted as part of the in-kind 
contribution required under this subsection. 
(c) COOPERATIVE AGREEMENT.—Before making a 
grant under this section, the Secretary shall enter into a 
cooperative agreement with the City and the Foundation, 
jointly, regarding planning, design, construction, oper-
ation, and maintenance of the Center. 
(d) DEFINITIONS.—For the purposes of this section, 
the following definitions apply: 
(1) CENTER.—The term ‘‘Center’’ means an 
educational center for the Castillo de San Marcos 
National Monument. 
(2) CITY.—The term ‘‘City’’ means the City of 
St. Augustine, Florida. 
(3) FOUNDATION.—The term ‘‘Foundation’’ 
means the Colonial St. Augustine Preservation 
Foundation.
(4) MAP.—The term ‘‘Map’’ means the map en-
titled ‘‘The Colonial St. Augustine Preservation 
Foundation; 
Project 
Location’’, 
and 
dated 
lllllllll. 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior, acting through the Na-
tional Park Service.
Æ
IIB 
108TH CONGRESS 
2D SESSION 
H. R. 2457 
IN THE SENATE OF THE UNITED STATES 
SEPTEMBER 14, 2004 
Received; read twice and referred to the Committee on Energy and Natural 
Resources 
AN ACT 
To authorize funds for an educational center for the Castillo 
de San Marcos National Monument, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
HR 2457 RFS 
TITLE 
I—CASTILLO 
DE 
SAN 
MARCOS 
NATIONAL 
MONU-
MENT PRESERVATION ACT 
SEC. 101. SHORT TITLE. 
This title may be cited as the ‘‘Castillo de San Marcos 
National Monument Preservation and Education Act’’. 
SEC. 102. VISITOR CENTER. 
(a) AUTHORIZATION.—Subject to the availability of 
appropriations and the project being prioritized in the Na-
tional Park Services 5-year, line-item construction pro-
gram, the Secretary of the Interior (referred to in this sec-
tion as the ‘‘Secretary’’) may design and construct a Vis-
itor Center for the Castillo de San Marcos National Monu-
ment (referred to in this section as the ‘‘Monument’’). 
(b) PREFERRED ALTERNATIVE.—The Visitor Center 
authorized in subsection (a) shall be located and con-
structed in accordance with the Preferred Alternative 
identified in the Record of Decision for the General Man-
agement Plan for the Monument, expected to be signed 
in 2005. 
SEC. 103. COOPERATIVE AGREEMENT. 
The Secretary may enter into cooperative agreements 
with the City of St. Augustine, Florida, the Colonial St. 
Augustine Preservation Foundation, other Federal, State, 
and local departments or agencies, academic institutions,
HR 2457 RFS 
and non-profit entities for the planning and design, con-
struction, management, and operation of the Visitor Cen-
ter. 
SEC. 104. BOUNDARY EXPANSION. 
(a) PROPERTY ACQUISITION.—If the Preferred Alter-
native for the Visitor Center authorized by section 102 
is located outside the boundary of the Monument, the Sec-
retary is authorized to acquire the site for the Visitor Cen-
ter, from willing sellers, by donation, purchase with do-
nated or appropriated funds, or by exchange. 
(b) ADMINISTRATION OF NEWLY ACQUIRED LAND.— 
Land added to the Monument pursuant to subsection (a) 
shall be administered by the Secretary in accordance with 
applicable laws and regulations. 
(c) BOUNDARY MODIFICATION.—The boundary of 
the Monument shall be modified to reflect the acquisition 
of land authorized in subsection (a) after completion of 
the acquisition. 
SEC. 105. PROJECT APPROVAL. 
Prior to initiating any planning, design, or construc-
tion on the Visitor Center authorized by section 102, the 
project must be reviewed and approved by the National 
Park Service consistent with partnership construction 
guidelines established by that agency.
SEC. 11. INTERVENTION BY INDIAN TRIBE. 
Section 103(d) of the Indian Child Welfare Act of 
1978 (25 U.S.C. 1913(d)) is amended to read as follows: 
‘‘(e)(1) The Indian child’s tribe involved shall have 
the right to intervene at any time in a voluntary child cus-
tody proceeding in a State court only if—
‘‘(A) in the case of a voluntary proceeding to 
terminate parental rights, the Indian tribe sent a no-
tice of intent to intervene or a written objection to 
the adoptive placement to the court or to the party 
that is seeking the voluntary placement of the In-
dian child, not later than 45 days after receiving no-
tice that was provided in accordance with the re-
quirements of subsection (c) and section 114; or 
‘‘(B) in the case of a voluntary adoption pro-
ceeding, the Indian tribe sent a notice of intent to 
intervene or a written objection to the adoptive 
placement to the court or to the party that is seek-
ing the voluntary placement of the Indian child, not 
later than the later of—
‘‘(i) 100 days after receiving notice of the 
adoptive placement that was provided in accord-
ance with the requirements of subsection (c) 
and section 114; or 
‘‘(ii) 45 days after receiving a notice of the 
voluntary adoption proceeding that was pro-
HR 2457 RFS 
(4) For nearly a century, the City of St. Augus-
tine has maintained and managed Orange Street, a 
modern city street, and associated utilities in the Or-
ange Street corridor. 
(5) Any archeological remains that are still 
present on the property overlaid by Orange Street 
are adequately protected by the City’s archeological 
ordinances, and by the City having an archeologist 
on staff. 
(6) Although the city currently operates Orange 
Street under a right-of-way from the National Park 
Service, from a management perspective it is appro-
priate for the City of St. Augustine to own Orange 
Street. 
SEC. 203. BOUNDARY ADJUSTMENT. 
(a) CONVEYANCE OF LAND.—The Secretary of the 
Interior shall convey, without consideration, to the City 
of St. Augustine, Florida, all right, title, and interest of 
the United States in and to the lands known as Orange 
Street, a portion of the Castillo de San Marcos National 
Monument (Monument), consisting of approximately 3.1 
acres, as shown on the map entitled Castillo de San 
Marcos National Monument Boundary Adjustment and 
Correction, numbered 343/80060, and dated April 2003. 
Upon completion of the conveyance, the Secretary shall
HR 2457 RFS 
revise the boundary of the Monument to exclude the land 
conveyed. 
(b) BOUNDARY REVISION.—Effective on the date of 
the enactment of this Act, the boundary of the Monument 
is revised to include an area of approximately 0.45 acres, 
as shown on the map identified in subsection (a). The Sec-
retary shall administer the lands included in the boundary 
as part of the national monument in accordance with ap-
plicable laws and regulations. 
Passed the House of Representatives September 13, 
2004. 
Attest: 
JEFF TRANDAHL, 
Clerk.
I 
108TH CONGRESS 
1ST SESSION H. R. 2458
To amend the Internal Revenue Code of 1986 to exclude from gross income 
a percentage of lifetime annuity payments, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 12, 2003
Mr. POMEROY (for himself, Mr. ISAKSON, Mr. ENGLISH, and Mr. ANDREWS) 
introduced the following bill; which was referred to the Committee on 
Ways and Means 
A BILL 
To amend the Internal Revenue Code of 1986 to exclude 
from gross income a percentage of lifetime annuity pay-
ments, 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 ‘‘Secure Annuity Income 
for Life Act of 2003’’.
SEC. 2. EXCLUSION OF PERCENTAGE OF LIFETIME ANNU-
ITY PAYMENTS. 
(a) QUALIFIED PLANS.—Subsection (e) of section 
402 of the Internal Revenue Code of 1986 (relating to
exempt trusts) is amended by adding at the end the fol-
lowing: 
‘‘(7) EXCLUSION OF PERCENTAGE OF LIFETIME 
ANNUITY PAYMENTS.—
‘‘(A) IN GENERAL.—In the case of a life-
time annuity payment from a qualified trust 
(within the meaning of subsection (c)(8)(A)) to 
a qualified distributee, gross income shall not 
include 15 percent of the amount otherwise in-
cludible in gross income (determined without re-
gard to this paragraph). 
‘‘(B) DEFINITIONS AND SPECIAL RULES.—
For purposes of this paragraph—
‘‘(i) LIFETIME ANNUITY PAYMENT.—
‘‘(I) IN
GENERAL.—The term 
‘lifetime annuity payment’ means a 
distribution which is a part of a series 
of substantially equal periodic pay-
ments (made not less frequently than 
annually) made over the life of the 
qualified distributee or the joint lives 
of the qualified distributee and the 
qualified distributee’s designated ben-
eficiary.
‘‘(II) 
EXCEPTIONS.—Annuity 
payments shall not fail to be treated 
as part of a series of substantially 
equal periodic payments because the 
amount of the periodic payments may 
vary in accordance with investment 
experience, reallocations among in-
vestment options, actuarial gains or 
losses, cost of living indices, or similar 
fluctuating criteria. The availability of 
a commutation benefit, a minimum 
period of payments certain, or a min-
imum amount to be paid in any event 
shall not affect the treatment of a dis-
tribution as a lifetime annuity pay-
ment. In the case of lifetime annuity 
payments being made to a qualified 
trust, payments by the qualified trust 
to a qualified distributee of the entire 
amount received by the qualified trust 
with respect to the qualified dis-
tributee shall constitute lifetime annu-
ity payments. 
‘‘(ii) QUALIFIED DISTRIBUTEE.—The 
term ‘qualified distributee’ means the em-
I 
108TH CONGRESS 
1ST SESSION H. R. 2459
To establish the United States Consensus Council to provide for a consensus 
building process in addressing national public policy issues, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 12, 2003
Mr. REHBERG (for himself, Mr. EDWARDS, Mrs. EMERSON, Mr. WALSH, Mr. 
PLATTS, Mr. TOWNS, and Mr. STENHOLM) introduced the following bill; 
which was referred to the Committee on Government Reform 
A BILL 
To establish the United States Consensus Council to provide 
for a consensus building process in addressing national 
public policy issues, 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 ‘‘United States Con-
sensus Council Act of 2003’’. 
SEC. 2. FINDINGS AND PURPOSE. 
(a) FINDINGS.—Congress finds that—
(1) throughout the Nation there is increasing 
success in the use of collaborative and consensus-
(7) Domestic and world economic trends have 
had a disproportionately harsh impact on small fam-
ily farms and on their communities, as the number 
of tobacco farms in the United States declined by 
more than 50 percent between 1978 and 1997. 
(8) A failure to respond to the current crisis af-
fecting family farms will result in a continued reduc-
tion in the number of such farms and the jobs and 
income that they provide to their communities. 
(9) A continued program of assistance will pro-
vide many benefits to most tobacco-dependent com-
munities, particularly to small family farms. 
(10) While tobacco-growing States have some 
financial resources to support community revitaliza-
tion, few States have the resources necessary to sup-
port the transition from dependence on tobacco to a 
varied economy. 
(b) PURPOSE.—It is the purpose of this Act to pro-
vide assistance to tobacco-dependent communities, and 
particularly to those comprised of small family farms, to 
assist them in making the transition from tobacco-depend-
ent economies to a diversified economic base.
vided in accordance with the requirements of 
subsection (c) and section 114. 
‘‘(2) A State court may extend the time period in 
paragraph (1) by not more than 15 days if that court de-
termines that extenuating circumstances require such an 
extension to promote justice. 
‘‘(3)(A) Except as provided in subparagraph (B), the 
Indian child’s tribe involved shall have the right to inter-
vene at any time in a voluntary foster care placement pro-
ceeding in a State court and also in any other voluntary 
child custody proceeding in a State court in any case in 
which the Indian tribe did not receive written notice pro-
vided in accordance with the requirements of subsection 
(c) and section 114. 
‘‘(B) An Indian tribe may not intervene in any vol-
untary child custody proceeding in a State court if the 
Indian tribe gives written notice to the State court or any 
party involved of—
‘‘(i) the intent of the Indian tribe not to inter-
vene in the proceeding; or 
‘‘(ii) the determination by the Indian tribe that 
the child involved—
‘‘(I) is not a member of, or is not eligible 
for membership in, the Indian tribe, and