datamatters24/research-document-archive huggingface dataset:
163
HR 2861 PP 
mental entities in connection with the sale of single-family 
real properties owned by the Secretary and formerly in-
sured under such Act. 
In addition, for administrative expenses necessary to 
carry out the guaranteed and direct loan programs, 
$229,000,000, of which $209,000,000, shall be transferred 
to the appropriation for ‘‘Salaries and expenses’’; and of 
which $20,000,000 shall be transferred to the appropriation 
for ‘‘Office of Inspector General’’. 
In addition, for administrative contract expenses nec-
essary to carry out the guaranteed and direct loan pro-
grams, $93,780,000, of which no less than $16,946,000 shall 
be transferred to the Working Capital Fund for the develop-
ment of and modifications to information technology sys-
tems which serve activities under ‘‘Housing programs’’ or 
‘‘Federal housing administration’’: Provided, That to the 
extent guaranteed loan commitments exceed $8,426,000,000 
on or before April 1, 2004, an additional $1,980 for admin-
istrative contract expenses shall be available for each 
$1,000,000 in additional guaranteed loan commitments 
over $8,426,000,000 (including a pro rata amount for any 
increment below $1,000,000), but in no case shall funds 
made available by this proviso exceed $14,400,000.
175
HR 2861 PP 
rental assistance payments under such section 8, the Sec-
retary may, in consultation with the tenants of that prop-
erty, contract for project-based rental assistance payments 
with an owner or owners of other existing housing prop-
erties or provide other rental assistance. 
SEC. 210. A public housing agency or such other entity 
that administers Federal housing assistance in the States 
of Alaska, Iowa, and Mississippi shall not be required to 
include a resident of public housing or a recipient of assist-
ance provided under section 8 of the United States Housing 
Act of 1937 on the board of directors or a similar governing 
board of such agency or entity as required under section 
(2)(b) of such Act. Each public housing agency or other en-
tity that administers Federal housing assistance under sec-
tion 8 in the States of Alaska, Iowa and Mississippi shall 
establish an advisory board of not less than 6 residents of 
public housing or recipients of section 8 assistance to pro-
vide advice and comment to the public housing agency or 
other administering entity on issues related to public hous-
ing and section 8. Such advisory board shall meet not less 
than quarterly. 
SEC. 211. Section 24(n) of the United States Housing 
Act of 1937 (42 U.S.C. 1437v(n)) is amended by striking 
‘‘September 30, 2004’’ and inserting ‘‘September 30, 2006’’.
(ii) will assist in administering the 
program; and 
(B) will participate, if requested, in the ex-
ternal national evaluation of the program. 
(3) The application shall include a program 
plan that contains a description of the following: 
(A) How the State will assist local edu-
cational agencies in implementing grants, in-
cluding providing ongoing professional develop-
ment for literacy coaches, teachers, paraprofes-
sionals, and administrators. 
(B) How the State will help local edu-
cational agencies identify screening, diagnostic, 
and classroom-based instructional reading and 
writing assessments. 
(C) How the State will help local edu-
cational agencies identify scientifically based 
materials and programs. 
(D) How the State will help local edu-
cational agencies identify materials, programs, 
and assessments for economically disadvantaged 
students, students from major racial and ethnic 
groups, students with disabilities, students with 
limited English proficiency, migrant children, 
and homeless children.
States Code; $2,164,000,000, plus reimbursements: Pro-
vided, That of the amounts provided under this heading,
$1,500,000,000 shall be derived from amounts deposited
during the current fiscal year in the Department of Vet-
erans Affairs Medical Care Collections Fund under section
1729A of title 38, United States Code, and transferred
to this account, to remain available until expended.
MEDICAL AND PROSTHETIC RESEARCH
For necessary expenses in carrying out programs of
medical and prosthetic research and development as au-
thorized by chapter 73 of title 38, United States Code,
to 
remain 
available 
until 
September 
30, 
2005,
$408,000,000, plus reimbursements.
MEDICAL ADMINISTRATION
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses in the administration of the
medical, hospital, nursing home, domiciliary, construction,
supply, and research activities, as authorized by law; ad-
ministrative expenses in support of capital policy activi-
ties; information technology hardware and software; uni-
forms or allowances therefor, as authorized by sections
5901–5902 of title 5, United States Code; and administra-
tive and legal expenses of the department for collecting
and recovering amounts owed the department as author-
ized under chapter 17 of title 38, United States Code, and
the Federal Medical Care Recovery Act (42 U.S.C. 2651
†
182
HR 2861 EAS
(h) EFFECTIVE DATE.—Except as otherwise provided
in this section and the amendments made by this section,
this section and the amendments made by this section take
effect on the date that is 60 days after the date of enactment
of this Act.
SEC. 502. It is the sense of the Senate that human dos-
ing studies of pesticides raises ethical and health questions.
This Act may be cited as the ‘‘Departments of Veterans
Affairs and Housing and Urban Development, and Inde-
pendent Agencies Appropriations Act, 2004’’.
Attest:
Secretary.
273
HR 2861 PP 
visions of subsection (b) relating to the date fees are 
to be paid. 
‘‘(e) REFORMS TO REDUCE DECISION TIME REVIEW 
PERIODS.—To the maximum extent practicable consistent 
with the degrees of risk presented by pesticides and the type 
of review appropriate to evaluate risks, the Administrator 
shall identify and evaluate reforms to the pesticide registra-
tion process under this Act with the goal of reducing deci-
sion review periods in effect on the effective date of the Pes-
ticide Registration Improvement Act of 2003 for pesticide 
registration actions for covered pesticide registration appli-
cations (including reduced risk applications). 
‘‘(f) DECISION TIME REVIEW PERIODS.—
‘‘(1) IN GENERAL.—Not later than 30 days after 
the effective date of the Pesticide Registration Im-
provement Act of 2003, the Administrator shall pub-
lish in the Federal Register a schedule of decision re-
view periods for covered pesticide registration actions 
and corresponding registration service fees under this 
Act. 
‘‘(2) REPORT.—The schedule shall be the same as 
the applicable schedule appearing in the Congres-
sional Record on pages S11631 through S11633, 
dated September 17, 2003.
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HR 2861 PP 
‘‘(E) 2003 WORK PLAN.—In the case of a 
covered pesticide registration application listed 
in the Registration Division 2003 Work Plan of 
the Office of Pesticide Programs of the Environ-
mental Protection Agency, the decision time re-
view period begins on the date that is 30 days 
after the effective date of the Pesticide Registra-
tion Improvement Act of 2003. 
‘‘(5) EXTENSION OF DECISION TIME REVIEW PE-
RIOD.—The Administrator and the applicant may 
mutually agree in writing to extend a decision time 
review period under this subsection. 
‘‘(g) JUDICIAL REVIEW.—
‘‘(1) IN GENERAL.—Any applicant adversely af-
fected by the failure of the Administrator to make a 
determination on the application of the applicant for 
registration of a new active ingredient or new use for 
which a registration service fee is paid under this sec-
tion may obtain judicial review of the failure solely 
under this section. 
‘‘(2) SCOPE.—
‘‘(A) IN GENERAL.—In an action brought 
under this subsection, the only issue on review is 
whether the Administrator failed to make a de-
termination on the application specified in
(E) How the State will ensure that profes-
sional development is based on scientifically 
based reading research, will effectively improve 
instructional practices for reading and writing, 
and is coordinated with professional develop-
ment activities funded through other programs. 
(F) How funded activities will help teach-
ers and other instructional staff to implement 
scientifically based components of reading in-
struction. 
(G) The subgrant process, including how 
the State will ensure that eligible local edu-
cational agencies receiving subgrants will use 
practices based on scientifically based reading 
research. 
(H) How the State will build on, and pro-
mote coordination among, reading and writing 
programs in the State to increase overall effec-
tiveness in reading and writing instruction, in-
cluding effectiveness among economically dis-
advantaged students, students from major ra-
cial and ethnic groups, students with disabil-
ities, students with limited English proficiency, 
migrant children, and homeless children.
HR 2861 RDS 
EDUCATION LOAN FUND PROGRAM ACCOUNT 
(INCLUDING TRANSFER OF FUNDS) 
For the cost of direct loans, $1,000, as authorized 
by 38 U.S.C. 3698, as amended: Provided, That such 
costs, including the cost of modifying such loans, shall be 
as defined in section 502 of the Congressional Budget Act 
of 1974, as amended: Provided further, That these funds 
are available to subsidize gross obligations for the prin-
cipal amount of direct loans not to exceed $3,400. 
In addition, for administrative expenses necessary to 
carry out the direct loan program, $70,000, which may 
be transferred to and merged with the appropriation for 
‘‘General operating expenses’’. 
VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT 
(INCLUDING TRANSFER OF FUNDS) 
For the cost of direct loans, $52,000, as authorized 
by 38 U.S.C. chapter 31, as amended: Provided, That such 
costs, including the cost of modifying such loans, shall be 
as defined in section 502 of the Congressional Budget Act 
of 1974, as amended: Provided further, That funds made 
available under this heading are available to subsidize 
gross obligations for the principal amount of direct loans 
not to exceed $3,938,000. 
In addition, for administrative expenses necessary to 
carry out the direct loan program, $300,000, which may
average fair market rental for existing 
housing for metropolitan counties for 
the State, as established by the Sec-
retary of Housing and Urban Devel-
opment pursuant to section 8(c) of 
the United States Housing Act of 
1937 (42 U.S.C. 1437f(c)), based on 
a 2-bedroom dwelling unit and an as-
sumption of 2 persons per bedroom. 
‘‘(2) REIMBURSEMENT OF TRANSPORTATION.—
‘‘(A) TO
PLACE
OF
EMPLOYMENT.—A 
worker who completes 50 percent of the period 
of employment of the job opportunity for which 
the worker was hired shall be reimbursed by the 
employer for the cost of the worker’s transpor-
tation and subsistence from the place from 
which the worker came to work for the em-
ployer (or place of last employment, if the 
worker traveled from such place) to the place of 
employment. 
‘‘(B) FROM PLACE OF EMPLOYMENT.—A 
worker who completes the period of employment 
for the job opportunity involved shall be reim-
bursed by the employer for the cost of the 
worker’s transportation and subsistence from
factors included in the methodology developed by the 
Task Force under section 1804; and 
‘‘(7) submit to the Secretary a plan to dis-
tribute such assistance, that includes—
‘‘(A) the local and State government deter-
minations compiled under paragraph (1); and 
‘‘(B) a description of all determinations 
that the State did not validate under para-
graphs (2) and (3). 
‘‘(g) COMPILATION
AND
VALIDATION
BY
SEC-
RETARY.—
‘‘(1) IN GENERAL.—Within 90 days after re-
ceipt of a plan submitted by a State under sub-
section (f), the Secretary shall—
‘‘(A) validate that in making determina-
tions within the plan, the methodology pub-
lished under section 1804 was executed cor-
rectly;
‘‘(B) provide States 30 days to revise and 
resubmit determinations if such determinations 
cannot be validated under subparagraph (A); 
‘‘(C) compile, based on the determinations 
submitted under subparagraphs (A) and (B), 
the overall needs of State and local govern-
ments to achieve essential capabilities; and
100
HR 2861 RH 
(1) pursuant to a certification of an officer or 
employee of the United States unless—
(A) such certification is accompanied by, 
or is part of, a voucher or abstract which de-
scribes the payee or payees and the items or 
services for which such expenditure is being 
made; or 
(B) the expenditure of funds pursuant to 
such certification, and without such a voucher 
or abstract, is specifically authorized by law; 
and 
(2) unless such expenditure is subject to audit 
by the General Accounting Officer or is specifically 
exempt by law from such audit. 
SEC. 403. None of the funds provided in this Act to 
any department or agency may be obligated or expended 
for: (1) the transportation of any officer or employee of 
such department or agency between the domicile and the 
place of employment of the officer or employee, with the 
exception of an officer or employee authorized such trans-
portation under 31 U.S.C. 1344 or 5 U.S.C. 7905 or (2) 
to provide a cook, chauffeur, or other personal servants 
to any officer or employee of such department or agency. 
SEC. 404. None of the funds provided in this Act may 
be used for payment, through grants or contracts, to re-
136
HR 2989 RH 
fective date of the applicable wage survey adjust-
ment that is to take effect in fiscal year 2004, in an 
amount that exceeds the rate payable for the appli-
cable grade and step of the applicable wage schedule 
in accordance with such section; and 
(2) during the period consisting of the remain-
der of fiscal year 2004, in an amount that exceeds, 
as a result of a wage survey adjustment, the rate 
payable under paragraph (1) by more than the sum 
of—
(A) the percentage adjustment taking ef-
fect in fiscal year 2004 under section 5303 of 
title 5, United States Code, in the rates of pay 
under the General Schedule; and 
(B) the difference between the overall aver-
age percentage of the locality-based com-
parability payments taking effect in fiscal year 
2004 under section 5304 of such title (whether 
by adjustment or otherwise), and the overall av-
erage percentage of such payments which was 
effective in the previous fiscal year under such 
section. 
(b) Notwithstanding any other provision of law, no 
prevailing rate employee described in subparagraph (B) or 
(C) of section 5342(a)(2) of title 5, United States Code,
shall be increased by the amount of interest de-
termined under subparagraph (B). 
‘‘(B) INTEREST.—The interest determined 
under this subparagraph for any taxable year is 
the amount of interest at the underpayment rate 
plus 1 percentage point on the underpayments 
that would have occurred had the amounts so re-
quired to be included in gross income by para-
graph (1) or (2) been includible in gross income 
for the taxable year in which such assets were 
first set aside (directly or indirectly) in a trust 
(or other arrangement determined by the Sec-
retary) for purposes of the nonqualified deferred 
compensation plan. 
‘‘(c) NO INFERENCE ON EARLIER INCOME INCLUSION 
OR REQUIREMENT OF LATER INCLUSION.—Nothing in this 
section shall be construed to prevent the inclusion of 
amounts in gross income under any other provision of this 
chapter or any other rule of law earlier than the time pro-
vided in this section. Any amount included in gross income 
under this section shall not be required to be included in 
gross income under any other provision of this chapter or 
any other rule of law later than the time provided in this 
section.
†
HR 2 EAS
term ‘gross income’ includes only the excess
of—
‘‘(I) the net short-term capital
gain from such sales or dispositions,
over
‘‘(II) the net long-term capital
loss from such sales or dispositions.’’.
(3) Subparagraph (C) of section 854(b)(1), as re-
designated by paragraph (2), is amended by striking
‘‘subparagraph (A)’’ and inserting ‘‘subparagraph (A)
or (B)’’.
(4) Paragraph (2) of section 854(b) is amended
by inserting ‘‘the exclusion under section 116 and’’
after ‘‘for purposes of’’.
(5) Subsection (b) of section 854 is amended by
adding at the end the following new paragraph:
‘‘(5) COORDINATION
WITH
SECTION
116.—For
purposes of paragraph (1)(B), an amount shall be
treated as a dividend only if the amount is qualified
dividend income (within the meaning of section
116(b)).’’.
(d) TREATMENT OF DIVIDENDS RECEIVED FROM REAL
ESTATE INVESTMENT TRUSTS.—Section 857(c) (relating to
restrictions applicable to dividends received from real estate
investment trusts) is amended to read as follows:
(g) APPLICABILITY OF TOLL RESTRICTIONS.—Sec-
tion 129 of title 23, United States Code, is further amend-
ed by adding at the end the following: 
‘‘(d) REPAYMENT OF FEDERAL SHARE.—
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of this title, the total amount of funds paid 
from the Highway Account of the Highway Trust 
Fund to a State for construction of a highway, 
bridge, or tunnel within the boundaries of that State 
may be repaid to the Secretary. 
‘‘(2) DEPOSIT OF CREDIT.—The Secretary shall 
deposit amounts repaid by a State under this sub-
section into the Highway Account and credit such 
amount to the unobligated balance of Federal-aid 
highway funds available to the State for the same 
class of funds last apportioned or allocated to the 
State for construction of the highway, bridge, or 
tunnel. The amount so credited shall be in addition 
to all other funds then apportioned or allocated to 
the State during the fiscal year for which the credit 
is received and shall be available for expenditure by 
the State in accordance with the provisions of this 
title. 
‘‘(3) DEREGULATION.—Upon the repayment 
under this subsection of all Federal-aid highway
‘‘(D) calculate the amount of financial as-
sistance required by State and local govern-
ments to meet such needs. 
‘‘(2) REPORT.—The Secretary shall, by not 
later than 30 days after completing actions required 
under paragraph (1), submit a report to the Com-
mittee on Appropriations and the Select Committee 
on Homeland Security of the House of Representa-
tives, and the Committee on Appropriations and the 
Committee on Governmental Affairs of the Senate, 
containing—
‘‘(A) a summary of total needs of State 
and local governments to achieve essential capa-
bilities, as submitted under subsection (f), and 
the needs of State and local governments for fi-
nancial assistance to meet those needs; 
‘‘(B) a list and description of any State 
and local government determinations of such 
needs that were rejected by the Secretary; 
‘‘(C) a summary of the total needs of the 
Nation to achieve essential capabilities, based 
on such summary and list; and 
‘‘(D) a nationwide plan for meeting each 
State’s needs (including needs of all local gov-
HR 2861 RDS 
be transferred to and merged with the appropriation for 
‘‘General operating expenses’’. 
NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM 
ACCOUNT 
(INCLUDING TRANSFER OF FUNDS) 
For administrative expenses to carry out the direct 
loan program authorized by 38 U.S.C. chapter 37, sub-
chapter V, as amended, $571,000, which may be trans-
ferred to and merged with the appropriation for ‘‘General 
operating expenses’’: Provided, That no new loans in ex-
cess of $40,000,000 may be made in fiscal year 2004. 
GUARANTEED TRANSITIONAL HOUSING LOANS FOR 
HOMELESS VETERANS PROGRAM ACCOUNT 
For the administrative expenses to carry out the 
guaranteed transitional housing loan program authorized 
by 38 U.S.C. chapter 37, subchapter VI, not to exceed 
$350,000 of the amounts appropriated by this Act for 
‘‘General operating expenses’’ and ‘‘Medical services for 
priority 1–6 veterans) may be expended. 
VETERANS HEALTH ADMINISTRATION 
MEDICAL SERVICES FOR PRIORITY 1–6 VETERANS 
For necessary expenses for furnishing, as authorized 
by law, inpatient and outpatient care and treatment to 
beneficiaries of the Department of Veterans Affairs other 
than veterans described in paragraphs (7) and (8) of sec-
tion 1705(a) of title 38, United States Code, including
287
HR 2861 PP 
(h) EFFECTIVE DATE.—Except as otherwise provided 
in this section and the amendments made by this section, 
this section and the amendments made by this section take 
effect on the date that is 60 days after the date of enactment 
of this Act. 
SEC. 502. It is the sense of the Senate that human dos-
ing studies of pesticides raises ethical and health questions. 
This Act may be cited as the ‘‘Departments of Veterans 
Affairs and Housing and Urban Development, and Inde-
pendent Agencies Appropriations Act, 2004’’.
Passed the House of Representatives July 25, 2003. 
Attest: 
JEFF TRANDAHL, 
Clerk. 
Passed the Senate November 18, 2003. 
Attest: 
EMILY J. REYNOLDS, 
Secretary.
(d) TOBACCO CONTROL.—The Act of April 25, 1936 
(commonly known as the Tobacco Control Act; 7 U.S.C. 
515 et seq.), is repealed. 
(e) 
COMMODITY
HANDLING
ORDERS.—Section 
8c(2)(A) of the Agricultural Adjustment Act (7 U.S.C. 
608c(2)(A)), reenacted with amendments by the Agricul-
tural Marketing Agreement Act of 1937, is amended by 
striking ‘‘tobacco,’’. 
(f) PROCESSING TAX.—Section 9(b) of the Agricul-
tural Adjustment Act (7 U.S.C. 609(b)), reenacted with 
amendments by the Agricultural Marketing Agreement 
Act of 1937, is amended—
(1) in paragraph (2), by striking ‘‘tobacco,’’; 
and 
(2) in paragraph (6)(B)(i), by striking ‘‘, or, in 
the case of tobacco, is less than the fair exchange 
value by not more than 10 per centum,’’. 
(g) BURLEY TOBACCO IMPORT REVIEW.—Section 3 
of Public Law 98–59 (7 U.S.C. 625) is repealed. 
(h) DECLARATION OF POLICY.—Section 2 of the Ag-
ricultural Adjustment Act of 1938 (7 U.S.C. 1282) is 
amended by striking ‘‘tobacco,’’. 
(i) DEFINITIONS.—Section 301(b) of the Agricultural 
Adjustment Act of 1938 (7 U.S.C. 1301(b)) is amended—
(1) in paragraph (3)—
tive tobacco producer in a traditional tobacco county 
and marketed in the preceding crop year, as deter-
mined and adjusted by the Secretary. 
‘‘(3) CONSULTATION.—The Secretary shall 
carry out this subsection with regard to a kind of to-
bacco in consultation with the Tobacco Advisory 
Board established for that kind of tobacco. 
‘‘(f) MAXIMUM CROP POUNDAGE BASES.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), 
the total number of pounds devoted to a kind of to-
bacco by active tobacco producers during a crop year 
shall not exceed the total number of pounds devoted 
to the kind of tobacco by active tobacco producers 
during a crop year determined by the Secretary. 
‘‘(2) ADJUSTMENT.—If the active tobacco pro-
ducers of a kind of tobacco demonstrate to the Sec-
retary that the application of paragraph (1) to a 
crop of a kind of tobacco will result in unbalanced 
supply and demand conditions, the Secretary may 
adjust the total number of pounds that may be de-
voted to the kind of tobacco by active tobacco pro-
ducers during the crop year. 
‘‘(g) SALE, LEASE, OR TRANSFER OF CROP POUND-
AGE BASES.—
terrorism 
preparedness. 
These 
goals 
should delineate the essential capabilities 
that every jurisdiction in the United 
States should possess or to which it 
should have access. 
(8) A national determination of essen-
tial capabilities is needed to identify lev-
els of State and local government ter-
rorism preparedness, to determine the na-
ture and extent of State and local first re-
sponder needs, to identify the human and 
financial resources required to fulfill 
them, and to direct funding to meet those 
needs and to measure preparedness levels 
on a national scale. 
(9) To facilitate progress in attaining 
essential capabilities for State and local 
first responders, the Department of Home-
land Security should seek to allocate 
homeland security funding for first re-
sponders to meet nationwide needs. 
(10) Private sector resources and cit-
izen volunteers can perform critical func-
tions in assisting in preventing and re-
sponding to terrorist attacks, and should