S.Amdt. 2163

TEXT OF AMENDMENTS

SA 2150. Mr. BOND (for himself and Ms. Mikulski) proposed an
amendment to the bill H.R. 2861, making appropriations for the
Departments of Veterans Affairs and Housing and Urban Development, and
for sundry independent agencies, boards, commissions, corporations, and
offices for the fiscal year ending September 30, 2004, and for other
purposes; as follows:

Strike all after the enacting clause and insert the
following:

That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the Departments
of Veteran Affairs and Housing and Urban Development, and for
sundry independent agencies, boards, commissions,
corporations, and offices for the fiscal year ending
September 30, 2004, and for other purposes, namely:

TITLE I--DEPARTMENT OF VETERANS AFFAIRS

Veterans Benefits Administration

Compensation and Pensions

(including transfer of funds)

For the payment of compensation benefits to or on behalf of
veterans and a pilot program for disability examinations as
authorized by law (38 U.S.C. 107, chapters 11, 13, 18, 51,
53, 55, and 61); pension benefits to or on behalf of veterans
as authorized by law (38 U.S.C. chapters 15, 51, 53, 55, and
61; 92 Stat. 2508); and burial benefits, emergency and other
officers' retirement pay, adjusted-service credits and
certificates, payment of premiums due on commercial life
insurance policies guaranteed under the provisions of article
IV of the Soldiers' and Sailors' Civil Relief Act of 1940 (50
U.S.C. App. 540 et seq.) and for other benefits as authorized
by law (38 U.S.C. 107, 1312, 1977, and 2106, chapters 23, 51,
53, 55, and 61; 50 U.S.C. App. 540-548; 43 Stat. 122, 123; 45
Stat. 735; 76 Stat. 1198), $29,845,127,000, to remain
available until expended: Provided, That not to exceed
$17,056,000 of the amount appropriated under this heading
shall be reimbursed to ``General operating expenses'' and
``Medical care'' for necessary expenses in implementing those
provisions authorized in the Omnibus Budget Reconciliation
Act of 1990, and in the Veterans' Benefits Act of 1992 (38
U.S.C. chapters 51, 53, and 55), the funding source for which
is specifically provided as the ``Compensation and pensions''
appropriation: Provided further, That such sums as may be
earned on an actual qualifying patient basis, shall be
reimbursed to ``Medical facilities revolving fund'' to
augment the funding of individual medical facilities for
nursing home care provided to pensioners as authorized.

readjustment benefits

For the payment of readjustment and rehabilitation benefits
to or on behalf of veterans as authorized by law (38 U.S.C.
chapters 21, 30, 31, 34, 35, 36, 39, 51, 53, 55, and 61),
$2,529,734,000, to remain available until expended: Provided,
That expenses for rehabilitation program services and
assistance which the Secretary is authorized to provide under
section 3104(a) of title 38, United States Code, other than
under subsection (a)(1), (2), (5), and (11) of that section,
shall be charged to this account.

veterans insurance and indemnities

For military and naval insurance, national service life
insurance, servicemen's indemnities, service-disabled
veterans insurance, and veterans mortgage life insurance as
authorized by 38 U.S.C. chapter 19; 70 Stat. 887; 72 Stat.
487, $29,017,000, to remain available until expended.

veterans housing benefit program fund program account

(including transfer of funds)

For the cost of direct and guaranteed loans, such sums as
may be necessary to carry out the program, as authorized by
38 U.S.C. chapter 37, 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 during fiscal year
2004, within the resources available, not to exceed $300,000
in gross obligations for direct loans are authorized for
specially adapted housing loans.
In addition, for administrative expenses to carry out the
direct and guaranteed loan programs, $154,850,000, which may
be transferred to and merged with the appropriation for
``General operating expenses''.

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 principal 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: Provided further, That the loan level
shall be considered an estimate and not a limitation.
In addition, for administrative expenses necessary to carry
out the direct loan program, $300,000, which may 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, subchapter V, as
amended, $571,000, which may be transferred to and merged
with the appropriation for ``General operating expenses''.

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 $750,000 of the
amounts appropriated by this Act for ``General operating
expenses'' and ``Medical care'' may be expended.

Veterans Health Administration

medical care

(including transfer of funds)

For necessary expenses for the maintenance and operation of
hospitals, nursing homes, and domiciliary facilities; for
furnishing, as authorized by law, inpatient and outpatient
care and treatment to beneficiaries of the Department of
Veterans Affairs, including care and treatment in facilities
not under the jurisdiction of the department; and furnishing
recreational facilities, supplies, and equipment; funeral,
burial, and other expenses incidental thereto for
beneficiaries receiving care in the department;
administrative expenses in support of planning, design,
project management, real property acquisition and
disposition, construction and renovation of any facility
under the jurisdiction or for the use of the department;
oversight, engineering and architectural activities not
charged to project cost; repairing, altering, improving or
providing facilities in the several hospitals and homes under
the jurisdiction of the department, not otherwise provided
for, either by contract or by the hire of temporary employees
and purchase of materials; uniforms or allowances therefor,
as authorized by 5 U.S.C. 5901-5902; aid to State homes as
authorized by 38 U.S.C. 1741; administrative and legal
expenses of the department for collecting and recovering
amounts owed the department as authorized under 38 U.S.C.
chapter 17, and the Federal Medical Care Recovery Act, 42
U.S.C. 2651 et seq., $25,488,080,000, plus reimbursements:
Provided, That, notwithstanding any other provision of law,
the Secretary of Veterans Affairs shall establish a priority
for treatment for veterans who are service-connected
disabled, lower income, or have special needs: Provided
further, That, notwithstanding any other provision of law,
the Secretary of Veterans Affairs shall give priority funding
for the provision of basic medical benefits to veterans in
enrollment priority groups 1 through 6: Provided further,
That of the funds made available under this heading,
$1,100,000,000 is for equipment and land and structures
object classifications only, which amount shall not become
available for obligation until August 1, 2004, and shall
remain available until September 30, 2005: Provided further,
That of the funds made available under this heading, not to
exceed $1,100,000,000 shall be available until September 30,
2005: Provided further, That of the funds made available
under this heading, the Secretary may transfer up to
$400,000,000 to ``Construction, major projects'' for purposes
of implementing CARES subject to a determination by the
Secretary that such funds will improve access and quality of
veteran's health care needs: Provided further, That,
notwithstanding any other provision of law, the Secretary of
Veterans Affairs may provide prescription drugs to enrolled
veterans with privately written prescriptions based on

[[Page S14821]]

requirements established by the Secretary: Provided further,
That the Secretary of Veterans Affairs shall conduct by
contract a program of recovery audits for the fee basis and
other medical services contracts with respect to payments for
hospital care; and, notwithstanding 31 U.S.C. 3302(b),
amounts collected, by setoff or otherwise, as the result of
such audits shall be available, without fiscal year
limitation, for the purposes for which funds are appropriated
under this heading and the purposes of paying a contractor a
percent of the amount collected as a result of an audit
carried out by the contractor: Provided further, That all
amounts so collected under the preceding proviso with respect
to a designated health care region (as that term is defined
in 38 U.S.C. 1729A(d)(2)) shall be allocated, net of payments
to the contractor, to that region: Provided further, That
such sums as may be deposited to the Medical Care Collections
Fund pursuant to 38 U.S.C. 1729A may be transferred to this
account, to remain available until expended for the purposes
of this account: Provided further, That Medical Care
Collections Funds may be used for construction, alteration
and improvement of any parking facility set forth in 38
U.S.C. 8109: Provided further, That of the unobligated
balances remaining from prior year recoveries under this
heading, $270,000,000 is rescinded.
For an additional amount for ``Medical care'',
$1,300,000,000: Provided, That the entire amount is
designated by the Congress as an emergency requirement
pursuant to section 502 of H. Con. Res. 95, the concurrent
resolution on the budget for fiscal year 2004: Provided
further, That the entire amount shall be available only to
the extent that an official budget request for a specific
dollar amount, that includes designation of the entire amount
of the request as an emergency requirement as defined in H.
Con. Res. 95, the concurrent resolution on the budget for
fiscal year 2004, is transmitted by the President to the
Congress.

medical and prosthetic research

For necessary expenses in carrying out programs of medical
and prosthetic research and development as authorized by 38
U.S.C. chapter 73, to remain available until September 30,
2005, $413,000,000 plus reimbursements.

medical administration and miscellaneous operating expenses

For necessary expenses in the administration of the
medical, hospital, nursing home, domiciliary, construction,
supply, and research activities, as authorized by law;
administrative expenses in support of capital policy
activities, $79,146,000: Provided further, That of the funds
made available under this heading, not to exceed, $4,000,000
shall be available until September 30, 2005, plus
reimbursements: Provided further, That technical and
consulting services offered by the Facilities Management
Field Support Service, including project management and real
property administration (including leases, site acquisition
and disposal activities directly supporting projects), shall
be provided to Department of Veterans Affairs components only
on a reimbursable basis, and such amounts will remain
available until September 30, 2004.

Departmental Administration

general operating expenses

For necessary operating expenses of the Department of
Veterans Affairs, not otherwise provided for, including
administrative expenses in support of department-wide capital
planning, management and policy activities, uniforms or
allowances therefor; not to exceed $25,000 for official
reception and representation expenses; hire of passenger
motor vehicles; and reimbursement of the General Services
Administration for security guard services, and the
Department of Defense for the cost of overseas employee mail,
$1,283,272,000: Provided, That expenses for services and
assistance authorized under 38 U.S.C. 3104(a)(1), (2), (5),
and (11) that the Secretary determines are necessary to
enable entitled veterans: (1) to the maximum extent feasible,
to become employable and to obtain and maintain suitable
employment; or (2) to achieve maximum independence in daily
living, shall be charged to this account: Provided further,
That the Veterans Benefits Administration shall be funded at
not less than $1,004,704,000: Provided further, That of the
funds made available under this heading, not to exceed
$64,000,000 shall be available for obligation until September
30, 2005: Provided further, That from the funds made
available under this heading, the Veterans Benefits
Administration may purchase up to two passenger motor
vehicles for use in operations of that Administration in
Manila, Philippines.

national cemetery administration

For necessary expenses of the National Cemetery
Administration for operations and maintenance, not otherwise
provided for, including uniforms or allowances therefor;
cemeterial expenses as authorized by law; purchase of one
passenger motor vehicle for use in cemeterial operations; and
hire of passenger motor vehicles, $144,203,000: Provided,
That of the funds made available under this heading, not to
exceed $7,200,000 shall be available until September 30,
2005.

office of inspector general

For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, as amended, $62,250,000, to remain available until
September 30, 2005.

construction, major projects

For constructing, altering, extending and improving any of
the facilities under the jurisdiction or for the use of the
Department of Veterans Affairs, or for any of the purposes
set forth in sections 316, 2404, 2406, 8102, 8103, 8106,
8108, 8109, 8110, and 8122 of title 38, United States Code,
including planning, architectural and engineering services,
maintenance or guarantee period services costs associated
with equipment guarantees provided under the project,
services of claims analysts, offsite utility and storm
drainage system construction costs, and site acquisition,
where the estimated cost of a project is more than the amount
set forth in 38 U.S.C. 8104(a)(3)(A) or where funds for a
project were made available in a previous major project
appropriation, $272,690,000, to remain available until
expended, of which $183,000,000 shall be for Capital Asset
Realignment for Enhanced Services (CARES) activities; and of
which $10,000,000 shall be to make reimbursements as provided
in 41 U.S.C. 612 for claims paid for contract disputes:
Provided, That except for advance planning activities,
including needs assessments which may or may not lead to
capital investments, and other capital asset management
related activities, such as portfolio development and
management activities, and investment strategy studies funded
through the advance planning fund and the planning and design
activities funded through the design fund and CARES funds,
including needs assessments which may or may not lead to
capital investments, none of the funds appropriated under
this heading shall be used for any project which has not been
approved by the Congress in the budgetary process: Provided
further, That funds provided in this appropriation for fiscal
year 2004, for each approved project (except those for CARES
activities referenced above) shall be obligated: (1) by the
awarding of a construction documents contract by September
30, 2004; and (2) by the awarding of a construction contract
by September 30, 2005: Provided further, That the Secretary
of Veterans Affairs shall promptly report in writing to the
Committees on Appropriations any approved major construction
project in which obligations are not incurred within the time
limitations established above: Provided further, That no
funds from any other account except the ``Parking revolving
fund'', may be obligated for constructing, altering,
extending, or improving a project which was approved in the
budget process and funded in this account until 1 year after
substantial completion and beneficial occupancy by the
Department of Veterans Affairs of the project or any part
thereof with respect to that part only.

construction, minor projects

For constructing, altering, extending, and improving any of
the facilities under the jurisdiction or for the use of the
Department of Veterans Affairs, including planning and
assessments of needs which may lead to capital investments,
architectural and engineering services, maintenance or
guarantee period services costs associated with equipment
guarantees provided under the project, services of claims
analysts, offsite utility and storm drainage system
construction costs, and site acquisition, or for any of the
purposes set forth in sections 316, 2404, 2406, 8102, 8103,
8106, 8108, 8109, 8110, 8122, and 8162 of title 38, United
States Code, where the estimated cost of a project is equal
to or less than the amount set forth in 38 U.S.C.
8104(a)(3)(A), $252,144,000, to remain available until
expended, along with unobligated balances of previous
``Construction, minor projects'' appropriations which are
hereby made available for any project where the estimated
cost is equal to or less than the amount set forth in 38
U.S.C. 8104(a)(3)(A), of which $42,000,000 shall be for
Capital Asset Realignment for Enhanced Services (CARES)
activities: Provided, That from amounts appropriated under
this heading, additional amounts may be used for CARES
activities upon notification of and approval by the
Committees on Appropriations: Provided further, That funds in
this account shall be available for: (1) repairs to any of
the nonmedical facilities under the jurisdiction or for the
use of the department which are necessary because of loss or
damage caused by any natural disaster or catastrophe; and (2)
temporary measures necessary to prevent or to minimize
further loss by such causes.

grants for construction of state extended care facilities

For grants to assist States to acquire or construct State
nursing home and domiciliary facilities and to remodel,
modify or alter existing hospital, nursing home and
domiciliary facilities in State homes, for furnishing care to
veterans as authorized by 38 U.S.C. 8131-8137, $102,100,000,
to remain available until expended.

grants for the construction of state veterans cemeteries

For grants to aid States in establishing, expanding, or
improving State veterans cemeteries as authorized by 38
U.S.C. 2408, $32,000,000, to remain available until expended.

administrative provisions

(including transfer of funds)

Sec. 101. Any appropriation for fiscal year 2004 for
``Compensation and pensions'', ``Readjustment benefits'', and
``Veterans insurance and indemnities'' may be transferred to
any other of the mentioned appropriations.

[[Page S14822]]

Sec. 102. Appropriations available to the Department of
Veterans Affairs for fiscal year 2004 for salaries and
expenses shall be available for services authorized by 5
U.S.C. 3109.
Sec. 103. No appropriations in this Act for the Department
of Veterans Affairs (except the appropriations for
``Construction, major projects'', ``Construction, minor
projects'', and the ``Parking revolving fund'') shall be
available for the purchase of any site for or toward the
construction of any new hospital or home.
Sec. 104. No appropriations in this Act for the Department
of Veterans Affairs shall be available for hospitalization or
examination of any persons (except beneficiaries entitled
under the laws bestowing such benefits to veterans, and
persons receiving such treatment under 5 U.S.C. 7901-7904 or
42 U.S.C. 5141-5204), unless reimbursement of cost is made to
the ``Medical care'' account at such rates as may be fixed by
the Secretary of Veterans Affairs.
Sec. 105. Appropriations available to the Department of
Veterans Affairs for fiscal year 2004 for ``Compensation and
pensions'', ``Readjustment benefits'', and ``Veterans
insurance and indemnities'' shall be available for payment of
prior year accrued obligations required to be recorded by law
against the corresponding prior year accounts within the last
quarter of fiscal year 2003.
Sec. 106. Appropriations accounts available to the
Department of Veterans Affairs for fiscal year 2004 shall be
available to pay prior year obligations of corresponding
prior year appropriations accounts resulting from title X of
the Competitive Equality Banking Act, Public Law 100-86,
except that if such obligations are from trust fund accounts
they shall be payable from ``Compensation and pensions''.
Sec. 107. Notwithstanding any other provision of law,
during fiscal year 2004, the Secretary of Veterans Affairs
shall, from the National Service Life Insurance Fund (38
U.S.C. 1920), the Veterans' Special Life Insurance Fund (38
U.S.C. 1923), and the United States Government Life Insurance
Fund (38 U.S.C. 1955), reimburse the ``General operating
expenses'' account for the cost of administration of the
insurance programs financed through those accounts: Provided,
That reimbursement shall be made only from the surplus
earnings accumulated in an insurance program in fiscal year
2004 that are available for dividends in that program after
claims have been paid and actuarially determined reserves
have been set aside: Provided further, That if the cost of
administration of an insurance program exceeds the amount of
surplus earnings accumulated in that program, reimbursement
shall be made only to the extent of such surplus earnings:
Provided further, That the Secretary shall determine the cost
of administration for fiscal year 2004 which is properly
allocable to the provision of each insurance program and to
the provision of any total disability income insurance
included in such insurance program.
Sec. 108. Notwithstanding any other provision of law, the
Department of Veterans Affairs shall continue the Franchise
Fund pilot program authorized to be established by section
403 of Public Law 103-356 until October 1, 2004: Provided,
That the Franchise Fund, established by title I of Public Law
104-204 to finance the operations of the Franchise Fund pilot
program, shall continue until October 1, 2004.
Sec. 109. Amounts deducted from enhanced-use lease proceeds
to reimburse an account for expenses incurred by that account
during a prior fiscal year for providing enhanced-use lease
services, may be obligated during the fiscal year in which
the proceeds are received.
Sec. 110. Funds available in any Department of Veterans
Affairs appropriation for fiscal year 2004 or funds for
salaries and other administrative expenses shall also be
available to reimburse the Office of Resolution Management
and the Office of Employment Discrimination Complaint
Adjudication for all services provided at rates which will
recover actual costs but not exceed $29,318,000 for the
Office of Resolution Management and $3,059,000 for the Office
of Employment and Discrimination Complaint Adjudication:
Provided, That payments may be made in advance for services
to be furnished based on estimated costs: Provided further,
That amounts received shall be credited to ``General
operating expenses'' for use by the office that provided the
service.
Sec. 111. No appropriations in this Act for the Department
of Veterans Affairs shall be available to enter into any new
lease of real property if the estimated annual rental is more
than $300,000 unless the Secretary submits a report which the
Committees on Appropriations of the Congress approve within
30 days following the date on which the report is received.
Sec. 112. No appropriations in this Act for the Department
of Veterans Affairs shall be available for hospitalization or
treatment of any person by reason of eligibility under
section 1710(a)(3) of title 38, United States Code, unless
that person has disclosed to the Secretary of Veterans
Affairs, in such form as the Secretary may require--
(1) current, accurate third-party reimbursement information
for purposes of section 1729 of such title; and
(2) annual income information for purposes of section 1722
of such title.
Sec. 113. None of the funds in this Act may be used to
implement sections 2 and 5 of Public Law 107-287.
Sec. 114. Receipts that would otherwise be credited to the
Veterans Extended Care Revolving Fund, the Medical Facilities
Revolving Fund, the Special Therapeutic and Rehabilitation
Fund, the Nursing Home Revolving Fund, the Veterans Health
Services Improvement Fund, and the Parking Revolving Fund
shall be deposited into the Medical Care Collections Fund,
and shall be transferred to the Medical Care account, to
remain available until expended, to carry out the purposes of
the Medical Care account.
Sec. 115. Notwithstanding any other provision of law, at
the discretion of the Secretary of Veterans Affairs, proceeds
or revenues derived from enhanced-use leasing activities
(including disposal) that are deposited into the Medical Care
Collections Fund may be transferred and merged with major
construction and minor construction accounts and be used for
construction (including site acquisition and disposition),
alterations and improvements of any medical facility under
the jurisdiction or for the use of the Department of Veterans
Affairs. Such sums as realized are in addition to the amount
provided for in the Major and Minor Construction
appropriations.

TITLE II--DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Public and Indian Housing

housing certificate fund

(including transfer and rescission of funds)

For activities and assistance under the United States
Housing Act of 1937, as amended (42 U.S.C. 1437 et seq.)
(``the Act'' herein), not otherwise provided for,
$18,433,606,000, and amounts that are recaptured in this
account, to remain available until expended: Provided, That
of the amounts made available under this heading,
$14,233,606,379 and the aforementioned recaptures shall be
available on October 1, 2003 and $4,200,000,000 shall be
available on October 1, 2004: Provided further, That amounts
made available under this heading are provided as follows:
(1) $16,202,616,000 for expiring or terminating section 8
project-based subsidy contracts (including section 8 moderate
rehabilitation contracts), for amendments to section 8
project-based subsidy contracts, for contracts entered into
pursuant to section 441 of the McKinney-Vento Homeless
Assistance Act, for the 1-year renewal of section 8 contracts
for units in projects that are subject to approved plans of
action under the Emergency Low Income Housing Preservation
Act of 1987 or the Low-Income Housing Preservation and
Resident Homeownership Act of 1990, and for renewals of
expiring section 8 tenant-based annual contributions
contracts (including amendments and renewals of enhanced
vouchers under any provision of law authorizing such
assistance under section 8(t) of the Act (42 U.S.C.
1437f(t))): Provided, That notwithstanding any other
provision of law, the Secretary shall renew expiring section
8 tenant-based annual contributions contracts for each public
housing agency (including for agencies participating in the
Moving to Work demonstration, unit months representing
section 8 tenant-based assistance funds committed by the
public housing agency for specific purposes, other than
reserves, that are authorized pursuant to any agreement and
conditions entered into under such demonstration, and
utilized in compliance with any applicable program obligation
deadlines) based on the total number of unit months which
were under lease as reported on the most recent end-of-year
financial statement submitted by the public housing agency to
the Department, adjusted by such additional information
submitted by the public housing agency to the Secretary which
the Secretary determines to be timely and reliable regarding
the total number of unit months under lease at the time of
renewal of the annual contributions contract, and by applying
an inflation factor based on local or regional factors to the
actual per unit cost as reported: Provided further, That
funds may be made available in this paragraph to support a
total number of unit months under lease that exceeds a public
housing agency's authorized level of units under lease to the
extent that the use of these funds is part of a strategy for
a public housing agency to attain its authorized level of
units under contract: Provided further, That when a public
housing agency is over its authorized contract level, that
public housing agency may not issue another voucher
(including turnover vouchers) until that public housing
agency is at or below its authorized contract level for
vouchers.
(2) $461,329,000 for a central fund to be allocated by the
Secretary for the support of section 8 subsidy contracts or
amendments to such contracts, and for such other purposes as
are set forth in this paragraph: Provided, That subject to
the following proviso, the Secretary shall use amounts in
such fund, as necessary, for contract amendments to maintain
the total number of unit months under lease (up to the
authorized level) including turnover and reissuance of
authorized vouchers, and for contract amendments resulting
from a significant increase in per-unit costs, or otherwise
provide funds so that public housing agencies may lease units
up to their authorized unit level: Provided further, That the
Secretary may use up to $36,000,000 in such funds for
incremental vouchers under section 8 of the Act to be used
for non-elderly disabled families affected by the designation
of a public housing development under section 7 of the Act,
the establishment of preferences in accordance

[[Page S14823]]

with section 651 of the Housing and Community Development Act
of 1992 (42 U.S.C. 13611), or the restriction of occupancy to
elderly families in accordance with section 658 of such Act
(42 U.S.C. 13618): Provided further, That the Secretary may
only allocate the incremental vouchers under the previous
proviso upon a determination that there are adequate funds
under this heading to fund all voucher needs in this fiscal
year: Provided further, That if a public housing agency, at
any point in time during their fiscal year, has obligated the
amounts made available to such agency pursuant to paragraph
(1) under this heading for the renewal of expiring section 8
tenant-based annual contributions contracts, and if such
agency has expended 50 percent of the amounts available to
such agency in its annual contributions contract reserve
account, the Secretary shall make available such amounts as
are necessary from amounts available from such central fund
to fund amendments under the preceding proviso within 30 days
of a request from such agency: Provided further, That none of
the funds made available in this paragraph may be used to
support a total number of unit months under lease which
exceeds a public housing agency's authorized level of units
under contract: Provided further, That the Secretary shall
provide quarterly reports to the Committees on Appropriations
of the House and the Senate on the obligation of funds
provided in this paragraph;
(3) $252,203,000 for section 8 rental assistance for
relocation and replacement of housing units that are
demolished or disposed of pursuant to the Omnibus
Consolidated Rescissions and Appropriations Act of 1996
(Public Law 104-134), conversion of section 23 projects to
assistance under section 8, the family unification program
under section 8(x) of the Act, relocation of witnesses in
connection with efforts to combat crime in public and
assisted housing pursuant to a request from a law enforcement
or prosecution agency, enhanced vouchers under any provision
of law authorizing such assistance under section 8(t) of the
Act (42 U.S.C.1437f(t)), and tenant protection assistance,
including replacement and relocation assistance;
(4) $72,000,000 for family self-sufficiency coordinators
under section 23 of the Act;
(5) not to exceed $1,339,448,400 for administrative and
other expenses of public housing agencies in administering
the section 8 tenant-based rental assistance program:
Provided, That the fee otherwise authorized under section
8(q) of the Act shall be determined in accordance with
section 8(q), as in effect immediately before the enactment
of the Quality Housing and Work Responsibility Act of 1998;
(6) $100,000,000 for contract administrators for section 8
project-based assistance;
(7) not less than $3,010,000 shall be transferred to the
Working Capital Fund for the development of and modifications
to information technology systems which serve activities
under ``Public and Indian Housing''; and
(8) up to $3,000,000 for an outside audit by a major
accounting firm to assess the current status of all funds
within this account, including the amounts of obligated and
unobligated funds for all programs funded under this heading
for fiscal year 2004 as well as the availability of funds
currently appropriated under this heading for fiscal years
2005 and thereafter.
The Secretary may transfer up to 15 percent of funds
provided under paragraphs (1), (2), (3) or (5), herein to
paragraphs (1), (2), (3) or (5), if the Secretary determines
that such action is necessary because the funding provided
under one such paragraph otherwise would be depleted and as a
result, the maximum utilization of section 8 tenant-based
assistance with the funds appropriated for this purpose by
this Act would not be feasible: Provided, That prior to
undertaking the transfer of funds in excess of 10 percent
from any paragraph pursuant to the previous proviso, the
Secretary shall notify the Chairman and Ranking Member of the
Subcommittees on Veterans Affairs and Housing and Urban
Development, and Independent Agencies of the Committees on
Appropriations of the House of Representatives and the Senate
and shall not transfer any such funds until 30 days after
such notification: Provided further, That, hereafter, the
Secretary shall require public housing agencies to submit
accounting data for funds disbursed under this heading in
this Act and prior Acts by source and purpose of such funds:
Provided further, That incremental vouchers previously made
available under this heading for non-elderly disabled
families shall, to the extent practicable, continue to be
provided to non-elderly disabled families upon turnover:
Provided further, That $1,372,000,000 is rescinded from
unobligated balances remaining from funds appropriated to the
Department of Housing and Urban Development under this
heading or the heading ``Annual contributions for assisted
housing'' or any other heading for fiscal year 2003 and prior
years, to be effected by the Secretary no later than
September 30, 2004: Provided further, That any such balances
governed by reallocation provisions under the statute
authorizing the program for which the funds were originally
appropriated shall be available for the rescission: Provided
further, That any obligated balances of contract authority
from fiscal year 1974 and prior that have been terminated
shall be cancelled.

public housing capital fund

(including transfer of funds)

For the Public Housing Capital Fund Program to carry out
capital and management activities for public housing
agencies, as authorized under section 9 of the United States
Housing Act of 1937, as amended (42 U.S.C. 1437g),
$2,641,000,000 (the ``Act''), to remain available until
September 30, 2007: Provided, That of the total amount
provided under this heading, in addition to amounts otherwise
allocated under this heading, $400,000,000 shall be allocated
for such capital and management activities only among public
housing agencies that have obligated all assistance for the
agency for fiscal years 2001 and 2002 made available under
this same heading in accordance with the requirements under
paragraphs (1) and (2) of section 9(j) of such Act: Provided
further, That notwithstanding any other provision of law or
regulation, during fiscal year 2004, the Secretary may not
delegate to any Department official other than the Deputy
Secretary any authority under paragraph (2) of such section
9(j) regarding the extension of the time periods under such
section for obligation of amounts made available for fiscal
years 1998, 1999, 2000, 2001, 2002, 2003, or 2004: Provided
further, That with respect to any amounts made available
under the Public Housing Capital Fund for fiscal years 1999,
2000, 2001, 2002, 2003, or 2004 that remain unobligated in
violation of paragraph (1) of such section 9(j) or unexpended
in violation of paragraph (5)(A) of such section 9(j), the
Secretary shall recapture any such amounts and reallocate
such amounts among public housing agencies determined under
6(j) of the Act to be high-performing: Provided further, That
for purposes of this heading, the term ``obligate'' means,
with respect to amounts, that the amounts are subject to a
binding agreement that will result in outlays immediately or
in the future: Provided further, That of the total amount
provided under this heading, up to $50,000,000 shall be for
carrying out activities under section 9(h) of such Act, of
which up to $13,000,000 shall be for the provision of
remediation services to public housing agencies identified as
``troubled'' under the Section 8 Management Assessment
Program and for surveys used to calculate local Fair Market
Rents and assess housing conditions in connection with rental
assistance under section 8 of the Act: Provided further, That
of the total amount provided under this heading, up to
$500,000 shall be for lease adjustments to section 23
projects, and no less than $10,610,000 shall be transferred
to the Working Capital Fund for the development of and
modifications to information technology systems which serve
programs or activities under ``Public and Indian housing'':
Provided further, That no funds may be used under this
heading for the purposes specified in section 9(k) of the
United States Housing Act of 1937, as amended: Provided
further, That of the total amount provided under this
heading, up to $40,000,000 shall be available for the
Secretary of Housing and Urban Development to make grants to
public housing agencies for emergency capital needs resulting
from emergencies and natural disasters in fiscal year 2003:
Provided further, That of the total amount provided under
this heading, $15,000,000 shall be for Neighborhood Networks
grants for activities authorized in section 9(d)(1)(E) of the
United States Housing Act of 1937, as amended: Provided
further, That notwithstanding any other provision of law,
amounts made available in the previous proviso shall be
awarded to public housing agencies on a competitive basis as
provided in section 102 of the Department of Housing and
Urban Development Reform Act of 1989: Provided further, That
of the total amount provided under this heading, $55,000,000
shall be for supportive services, service coordinators and
congregate services as authorized by section 34 of the Act
and the Native American Housing Assistance and Self-
Determination Act of 1996: Provided further, That of the
total amount provided under this heading, up to $125,000,000
shall be for grants and credit subsidy to support a loan
guarantee and loan program for the development of public
housing units in mixed income housing developments: Provided
further, That the first proviso under this heading in the
Departments of Veterans Affairs and Housing and Urban
Development, and Independent Agencies Appropriations Act,
2003 is amended by striking ``1998, 1999''.

public housing operating fund

For payments to public housing agencies for the operation
and management of public housing, as authorized by section
9(e) of the United States Housing Act of 1937, as amended (42
U.S.C. 1437g(e)), $3,576,600,000: Provided, That of the total
amount provided under this heading, $10,000,000 shall be for
programs, as determined appropriate by the Attorney General,
which assist in the investigation, prosecution, and
prevention of violent crimes and drug offenses in public and
federally-assisted low-income housing, including Indian
housing, which shall be administered by the Department of
Justice through a reimbursable agreement with the Department
of Housing and Urban Development: Provided further, That, in
fiscal year 2004 and all fiscal years hereafter, no amounts
under this heading in any appropriations Act may be used for
payments to public housing agencies for the costs of
operation and management of public housing for any year prior
to the current year of such Act: Provided further, That no
funds may be used under this heading for the purposes
specified in section 9(k) of the United States Housing Act of
1937, as amended.

[[Page S14824]]

revitalization of severely distressed public housing (hope VI)

For grants to public housing agencies for demolition, site
revitalization, replacement housing, and tenant-based
assistance grants to projects as authorized by section 24 of
the United States Housing Act of 1937, as amended (``such
Act''), $195,115,000, to remain available until expended:
Provided, That the Secretary may recapture funds from grants
previously awarded under this heading in fiscal year 1997 and
prior fiscal years for use in making grants in fiscal year
2004 as authorized under section 24 of such Act: Provided
further, That the Secretary may only recapture grants under
the previous proviso where the Secretary determines that a
project is less than 90 percent complete and that the project
is unlikely to be completed successfully within the next 2
fiscal years: Provided further, That the Secretary shall not
recapture funds from any HOPE VI project that has unobligated
funds due to litigation or a court ordered consent decree:
Provided further, That the Secretary shall establish an
alternative housing plan to meet tenant needs where the
Secretary is recapturing HOPE VI funds from a public housing
agency with a failed HOPE VI project and the Secretary may
recapture only the amount of funds which are not necessary to
meet the requirements of the alternative housing plan:
Provided further, That the Secretary shall report to the
Congress by December 15, 2003 on the status of all HOPE VI
projects that are unlikely to be completed according to
program requirements: Provided further, That the Secretary
shall report to the Congress on any decision to recapture
funds from a HOPE VI project, including the justification for
the decision and the provisions of the alternative housing
plan: Provided further, That the Secretary may use up to
$3,000,000 of the funds made available under this heading for
technical assistance and contract expertise, to be provided
directly or indirectly by grants, contracts or cooperative
agreements, including training and cost of necessary travel
for participants in such training, by or to officials and
employees of the department and of public housing agencies
and to residents: Provided further, That none of such funds
shall be used directly or indirectly by granting competitive
advantage in awards to settle litigation or pay judgments,
unless expressly permitted herein.

native american housing block grants

(including transfers of funds)

For the Native American Housing Block Grants program, as
authorized under title I of the Native American Housing
Assistance and Self-Determination Act of 1996 (NAHASDA) (25
U.S.C. 4111 et seq.), $646,600,000, to remain available until
expended, of which $2,200,000 shall be contracted through the
Secretary as technical assistance and capacity building to be
used by the National American Indian Housing Council in
support of the implementation of NAHASDA; of which $4,000,000
shall be to support the inspection of Indian housing units,
contract expertise, training, and technical assistance in the
training, oversight, and management of Indian housing and
tenant-based assistance, including up to $300,000 for related
travel; and of which no less than $2,720,000 shall be
transferred to the Working Capital Fund for development of
and modifications to information technology systems which
serve programs or activities under ``Public and Indian
housing'': Provided, That of the amount provided under this
heading, $2,000,000 shall be made available for the cost of
guaranteed notes and other obligations, as authorized by
title VI of NAHASDA: Provided further, That such costs,
including the costs of modifying such notes and other
obligations, 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 the
total principal amount of any notes and other obligations,
any part of which is to be guaranteed, not to exceed
$16,658,000: Provided further, That for administrative
expenses to carry out the guaranteed loan program, up to
$150,000 from amounts in the first proviso, which shall be
transferred to and merged with the appropriation for
``Salaries and expenses'', to be used only for the
administrative costs of these guarantees.

indian housing loan guarantee fund program account

(including transfer of funds)

For the cost of guaranteed loans, as authorized by section
184 of the Housing and Community Development Act of 1992 (12
U.S.C. 1715z-13a), $5,300,000, to remain available until
expended: Provided, That such costs, including the costs 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 total
loan principal, any part of which is to be guaranteed, not to
exceed $197,243,000.
In addition, for administrative expenses to carry out the
guaranteed loan program, up to $250,000 from amounts in the
first paragraph, which shall be transferred to and merged
with the appropriation for ``Salaries and expenses'', to be
used only for the administrative costs of these guarantees.

native hawaiian housing loan guarantee fund program account

(including transfer of funds)

For the cost of guaranteed loans, as authorized by section
184A of the Housing and Community Development Act of 1992 (12
U.S.C. 1715z-13b), $1,035,000, to remain available until
expended: Provided, That such costs, including the costs 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 total
loan principal, any part of which is to be guaranteed, not to
exceed $39,712,000.
In addition, for administrative expenses to carry out the
guaranteed loan program, up to $35,000 from amounts in the
first paragraph, which shall be transferred to and merged
with the appropriation for ``Salaries and expenses'', to be
used only for the administrative costs of these guarantees.

Community Planning and Development

housing opportunities for persons with aids

For carrying out the Housing Opportunities for Persons with
AIDS program, as authorized by the AIDS Housing Opportunity
Act (42 U.S.C. 12901 et seq.), $291,000,000, to remain
available until September 30, 2005: Provided, That the
Secretary shall renew all expiring contracts for permanent
supportive housing that were funded under section 854(c)(3)
of such Act that meet all program requirements before
awarding funds for new contracts and activities authorized
under this section: Provided further, That the formula funds
made available under this heading for fiscal year 2004 shall
be awarded to eligible grantees under the same rules and
requirements as were in effect for fiscal year 2003: Provided
further, That the Secretary may use up to $3,000,000 of the
funds under this heading for training, oversight, and
technical assistance activities.

rural housing and economic development

For the Office of Rural Housing and Economic Development in
the Department of Housing and Urban Development, $25,000,000
to remain available until expended, which amount shall be
awarded by June 1, 2004, to Indian tribes, State housing
finance agencies, State community and/or economic development
agencies, local rural nonprofits and community development
corporations to support innovative housing and economic
development activities in rural areas: Provided, That all
grants shall be awarded on a competitive basis as specified
in section 102 of the Department of Housing and Urban
Development Reform Act of 1989.

community development fund

(including transfers of funds)

For assistance to units of State and local government, and
to other entities, for economic and community development
activities, and for other purposes, $4,950,000,000, to remain
available until September 30, 2006: Provided, That of the
amount provided, $4,545,700,000 is for carrying out the
community development block grant program under title I of
the Housing and Community Development Act of 1974, as amended
(the ``Act'' herein) (42 U.S.C. 5301 et seq.): Provided
further, That not to exceed 20 percent of any grant made with
funds appropriated under this heading (other than a grant
made available in this paragraph to the Housing Assistance
Council or the National American Indian Housing Council, or a
grant using funds under section 107(b)(3) of the Act) shall
be expended for ``Planning and Management Development'' and
``Administration'', as defined in regulations promulgated by
the Department: Provided further, That $72,500,000 shall be
for grants to Indian tribes notwithstanding section 106(a)(1)
of such Act; $3,300,000 shall be for a grant to the Housing
Assistance Council; $2,600,000 shall be for a grant to the
National American Indian Housing Council; $52,500,000 shall
be for grants pursuant to section 107 of the Act; no less
than $4,900,000 shall be transferred to the Working Capital
Fund for the development of and modification to information
technology systems which serve programs or activities under
``Community planning and development''; $12,000,000 shall be
for grants pursuant to the Self Help Homeownership
Opportunity Program; $35,500,000 shall be for capacity
building, of which $31,500,000 shall be for Capacity Building
for Community Development and Affordable Housing for LISC and
the Enterprise Foundation for activities as authorized by
section 4 of the HUD Demonstration Act of 1993 (42 U.S.C.
9816 note), as in effect immediately before June 12, 1997,
with not less than $5,000,000 of the funding to be used in
rural areas, including tribal areas, and of which $4,000,000
shall be for capacity building activities administered by
Habitat for Humanity International; $10,000,000 for the
Native Hawaiian Housing Block Grant Program, as authorized
under the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4111 et seq.), of which
$400,000 shall be for training and technical assistance;
$60,000,000 shall be available for YouthBuild program
activities authorized by subtitle D of title IV of the
Cranston-Gonzalez National Affordable Housing Act, as
amended, and such activities shall be an eligible activity
with respect to any funds made available under this heading:
Provided, That local YouthBuild programs that demonstrate an
ability to leverage private and nonprofit funding shall be
given a priority for YouthBuild funding: Provided further,
That no more than 10 percent of any grant award under the
YouthBuild program may be used for administrative costs:
Provided further, That of the amount made available for
YouthBuild not less than $10,000,000 is for grants to
establish YouthBuild programs in underserved and rural areas
and

[[Page S14825]]

$2,000,000 is to be made available for a grant to YouthBuild
USA for capacity building for community development and
affordable housing activities as specified in section 4 of
the HUD Demonstration Act of 1993, as amended.
Of the amount made available under this heading,
$21,000,000 shall be available for neighborhood initiatives
that are utilized to improve the conditions of distressed and
blighted areas and neighborhoods, to stimulate investment,
economic diversification, and community revitalization in
areas with population outmigration or a stagnating or
declining economic base, or to determine whether housing
benefits can be integrated more effectively with welfare
reform initiatives: Provided, That these grants shall be
provided in accordance with the terms and conditions
specified in the report accompanying this Act.
Of the amount made available under this heading,
$140,000,000 shall be available for grants for the Economic
Development Initiative (EDI) to finance a variety of targeted
economic investments in accordance with the terms and
conditions specified in the report accompanying this Act.
The referenced statement of the managers under this heading
in title II of Division K of the Consolidated Appropriations
Resolution, 2003 (Public Law 108-7; H. Rept. 108-10) is
deemed to be amended with respect to item number 721 by
striking ``training'' and inserting ``creation, small
business development and quality of life improvements within
the State of South Carolina''.
The referenced statement of the managers under this heading
in title II of Division K of the Consolidated Appropriations
Resolution, 2003 (Public Law 108-7; H. Rept. 108-10) is
deemed to be amended with respect to item number 317 by
striking ``135,000'' and inserting ``151,000''.
The referenced statement of the managers under this heading
in title II of Division K of the Consolidated Appropriations
Resolution, 2003 (Public Law 108-7; H. Rept. 108-10) is
deemed to be amended with respect to item number 324 by
striking ``225,000'' and inserting ``209,000''.

community development loan guarantees program account

(including transfer of funds)

For the cost of guaranteed loans, $6,325,000, to remain
available until September 30, 2005, as authorized by section
108 of the Housing and Community Development Act of 1974, 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 total
loan principal, any part of which is to be guaranteed, not to
exceed $275,000,000, notwithstanding any aggregate limitation
on outstanding obligations guaranteed in section 108(k) of
the Housing and Community Development Act of 1974, as
amended.
In addition, for administrative expenses to carry out the
guaranteed loan program, $1,000,000 which shall be
transferred to and merged with the appropriation for
``Salaries and expenses''.

brownfields redevelopment

For Economic Development Grants, as authorized by section
108(q) of the Housing and Community Development Act of 1974,
as amended, for Brownfields redevelopment projects,
$25,000,000, to remain available until September 30, 2005:
Provided, That the Secretary of Housing and Urban Development
shall make these grants available on a competitive basis as
specified in section 102 of the Department of Housing and
Urban Development Reform Act of 1989.

home investment partnerships program

(including transfer of funds)

For the HOME investment partnerships program, as authorized
under title II of the Cranston-Gonzalez National Affordable
Housing Act, as amended, $1,925,000,000, to remain available
until September 30, 2006: Provided, That of the total amount
provided in this paragraph, up to $40,000,000 shall be
available for housing counseling under section 106 of the
Housing and Urban Development Act of 1968; and no less than
$1,100,000 shall be transferred to the Working Capital Fund
for the development of, maintenance of, and modification to
information technology systems which serve programs or
activities under ``Community planning and development''.
In addition to the amounts made available under this
heading, $50,000,000, to remain available until September 30,
2006, for assistance to homebuyers as authorized under title
II of the Cranston-Gonzalez National Affordable Housing Act,
as amended: Provided, That the Secretary shall provide such
assistance in accordance with a formula developed through
rulemaking.

homeless assistance grants

(including transfer of funds)

For the emergency shelter grants program as authorized
under subtitle B of title IV of the McKinney-Vento Homeless
Assistance Act, as amended; the supportive housing program as
authorized under subtitle C of title IV of such Act; the
section 8 moderate rehabilitation single room occupancy
program as authorized under the United States Housing Act of
1937, as amended, to assist homeless individuals pursuant to
section 441 of the McKinney-Vento Homeless Assistance Act;
and the shelter plus care program as authorized under
subtitle F of title IV of such Act, $1,325,000,000, to remain
available until September 30, 2006: Provided, That not less
than 30 percent of funds made available, excluding amounts
provided for renewals under the shelter plus care program,
shall be used for permanent housing: Provided further, That
all funds awarded for services shall be matched by 25 percent
in funding by each grantee: Provided further, That the
Secretary shall renew on an annual basis expiring contracts
or amendments to contracts funded under the shelter plus care
program if the program is determined to be needed under the
applicable continuum of care and meets appropriate program
requirements and financial standards, as determined by the
Secretary: Provided further, That all awards of assistance
under this heading shall be required to coordinate and
integrate homeless programs with other mainstream health,
social services, and employment programs for which homeless
populations may be eligible, including Medicaid, State
Children's Health Insurance Program, Temporary Assistance for
Needy Families, Food Stamps, and services funding through the
Mental Health and Substance Abuse Block Grant, Workforce
Investment Act, and the Welfare-to-Work grant program:
Provided further, That $12,000,000 of the funds appropriated
under this heading shall be available for the national
homeless data analysis project and technical assistance:
Provided further, That no less than $2,580,000 of the funds
appropriated under this heading shall be transferred to the
Working Capital Fund for the development of and modifications
to information technology systems which serve activities
under ``Community planning and development''.

Urban Development Action Grants

From balances of the Urban Development Action Grant
Program, as authorized by title I of the Housing and
Community Development Act of 1974, as amended, $30,000,000
are cancelled.

Housing Programs

housing for special populations

(including transfer of funds)

For assistance for the purchase, construction, acquisition,
or development of additional public and subsidized housing
units for low income families not otherwise provided for,
$1,033,801,000, to remain available until September 30, 2007:
Provided, That $783,286,000, plus recaptures or cancelled
commitments, shall be for capital advances, including
amendments to capital advance contracts, for housing for the
elderly, as authorized by section 202 of the Housing Act of
1959, as amended, and for project rental assistance for the
elderly under section 202(c)(2) of such Act, including
amendments to contracts for such assistance and renewal of
expiring contracts for such assistance for up to a 1-year
term, and for supportive services associated with the
housing, of which amount $50,000,000 shall be for service
coordinators and the continuation of existing congregate
service grants for residents of assisted housing projects, of
which amount up to $30,000,000 shall be for grants under
section 202b of the Housing Act of 1959 (12 U.S.C. 1701q-2)
for conversion of eligible projects under such section to
assisted living or related use, including substantial capital
repair, of which amount $25,000,000 shall be maintained by
the Secretary as a revolving loan fund for use as gap
financing to assist grantees in meeting all the initial cost
requirements for developing projects under section 202 of
such Act: Provided further, That of the amount under this
heading, $250,515,000 shall be for capital advances,
including amendments to capital advance contracts, for
supportive housing for persons with disabilities, as
authorized by section 811 of the Cranston-Gonzalez National
Affordable Housing Act, for project rental assistance for
supportive housing for persons with disabilities under
section 811(d)(2) of such Act, including amendments to
contracts for such assistance and renewal of expiring
contracts for such assistance for up to a 1-year term, and
for supportive services associated with the housing for
persons with disabilities as authorized by section 811(b)(1)
of such Act, and for tenant-based rental assistance contracts
entered into pursuant to section 811 of such Act: Provided
further, That of the amount made available under this
heading, $15,000,000 shall be available to the Secretary of
Housing and Urban Development only for making grants to
private nonprofit organizations and consumer cooperatives for
covering costs of architectural and engineering work, site
control, and other planning relating to the development of
supportive housing for the elderly that is eligible for
assistance under section 202 of the Housing Act of 1959 (12
U.S.C. 1701q): Provided further, That amounts made available
in the previous proviso shall be awarded on a competitive
basis as provided in section 102 of the Department of Housing
and Urban Development Reform Act of 1989: Provided further,
That no less than $940,000, to be divided evenly between the
appropriations for the section 202 and section 811 programs,
shall be transferred to the Working Capital Fund for the
development of and modifications to information technology
systems which serve activities under ``Housing programs'' or
``Federal housing administration'': Provided further, That,
in addition to amounts made available for renewal of tenant-
based rental assistance contracts pursuant to the second
proviso of this paragraph, the Secretary may designate up to
25 percent of the amounts earmarked under this paragraph for
section 811 of such

[[Page S14826]]

Act for tenant-based assistance, as authorized under that
section, including such authority as may be waived under the
next proviso, which assistance is 5 years in duration:
Provided further, That the Secretary may waive the provisions
governing the terms and conditions of project rental
assistance and tenant-based rental assistance for such
section 202 and such section 811, except that the initial
contract term for such assistance shall not exceed 5 years in
duration: Provided further, That all balances and recaptures,
as of October 1, 2003, remaining in the ``Congregate housing
services'' account as authorized by the Housing and Community
Development Amendments of 1978, as amended, shall be
transferred to and merged with the amounts for those purposes
under this heading.

flexible subsidy fund

(transfer of funds)

From the Rental Housing Assistance Fund, all uncommitted
balances of excess rental charges as of September 30, 2003,
and any collections made during fiscal year 2004 (with the
exception of amounts required to make refunds of excess
income remittances as authorized by Public Law 106-569),
shall be transferred to the Flexible Subsidy Fund, as
authorized by section 236(g) of the National Housing Act, as
amended.

rental housing assistance

(rescission)

Up to $303,000,000 of recaptured section 236 budget
authority resulting from prepayment of mortgages subsidized
under section 236 of the National Housing Act (12 U.S.C.
1715z-1) shall be rescinded in fiscal year 2004: Provided,
That the limitation otherwise applicable to the maximum
payments that may be required in any fiscal year by all
contracts entered into under section 236 is reduced in fiscal
year 2004 by not more than $303,000,000 in uncommitted
balances of authorizations of contract authority provided for
this purpose in appropriations Acts.

manufactured housing fees trust fund

For necessary expenses as authorized by the National
Manufactured Housing Construction and Safety Standards Act of
1974, as amended (42 U.S.C. 5401 et seq.), $13,000,000, to
remain available until expended, to be derived from the
Manufactured Housing Fees Trust Fund: Provided, That not to
exceed the total amount appropriated under this heading shall
be available from the general fund of the Treasury to the
extent necessary to incur obligations and make expenditures
pending the receipt of collections to the Fund pursuant to
section 620 of such Act: Provided further, That the amount
made available under this heading from the general fund shall
be reduced as such collections are received during fiscal
year 2004 so as to result in a final fiscal year 2004
appropriation from the general fund estimated at not more
than $0 and fees pursuant to such section 620 shall be
modified as necessary to ensure such a final fiscal year 2004
appropriation.

Federal Housing Administration

mutual mortgage insurance program account

(including transfers of funds)

During fiscal year 2004, commitments to guarantee loans to
carry out the purposes of section 203(b) of the National
Housing Act, as amended, shall not exceed a loan principal of
$185,000,000,000.
During fiscal year 2004, obligations to make direct loans
to carry out the purposes of section 204(g) of the National
Housing Act, as amended, shall not exceed $50,000,000:
Provided, That the foregoing amount shall be for loans to
nonprofit and governmental entities in connection with sales
of single family real properties owned by the Secretary and
formerly insured under the Mutual Mortgage Insurance Fund.
For administrative expenses necessary to carry out the
guaranteed and direct loan program, $359,000,000, of which
not to exceed $355,000,000 shall be transferred to the
appropriation for ``Salaries and expenses''; and not to
exceed $4,000,000 shall be transferred to the appropriation
for ``Office of Inspector General''. In addition, for
administrative contract expenses, $85,000,000, of which no
less than $20,744,000 shall be transferred to the Working
Capital Fund for the development of and modifications to
information technology systems which serve programs or
activities under ``Housing programs'' or ``Federal housing
administration'': Provided, That to the extent guaranteed
loan commitments exceed $65,500,000,000 on or before April 1,
2004, an additional $1,400 for administrative contract
expenses shall be available for each $1,000,000 in additional
guaranteed loan commitments (including a pro rata amount for
any amount below $1,000,000), but in no case shall funds made
available by this proviso exceed $30,000,000.

general and special risk program account

(including transfers of funds)

For the cost of guaranteed loans, as authorized by sections
238 and 519 of the National Housing Act (12 U.S.C. 1715z-3
and 1735c), including the cost of loan guarantee
modifications, as that term is defined in section 502 of the
Congressional Budget Act of 1974, as amended, $15,000,000, to
remain available until expended: Provided, That these funds
are available to subsidize total loan principal, any part of
which is to be guaranteed, of up to $25,000,000,000.
Gross obligations for the principal amount of direct loans,
as authorized by sections 204(g), 207(l), 238, and 519(a) of
the National Housing Act, shall not exceed $50,000,000, of
which not to exceed $30,000,000 shall be for bridge financing
in connection with the sale of multifamily real properties
owned by the Secretary and formerly insured under such Act;
and of which not to exceed $20,000,000 shall be for loans to
nonprofit and governmental entities in connection with the
sale of single-family real properties owned by the Secretary
and formerly insured 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 necessary
to carry out the guaranteed and direct loan programs,
$93,780,000, of which no less than $16,946,000 shall be
transferred to the Working Capital Fund for the development
of and modifications to information technology systems 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 administrative
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.

Government National Mortgage Association

guarantees of mortgage-backed securities loan guarantee program account

(including transfer of funds)

New commitments to issue guarantees to carry out the
purposes of section 306 of the National Housing Act, as
amended (12 U.S.C. 1721(g)), shall not exceed
$200,000,000,000, to remain available until September 30,
2005.
For administrative expenses necessary to carry out the
guaranteed mortgage-backed securities program, $10,695,000,
to be derived from the GNMA guarantees of mortgage-backed
securities guaranteed loan receipt account, of which not to
exceed $10,695,000, shall be transferred to the appropriation
for ``Salaries and expenses''.

Policy Development and Research

research and technology

For contracts, grants, and necessary expenses of programs
of research and studies relating to housing and urban
problems, not otherwise provided for, as authorized by title
V of the Housing and Urban Development Act of 1970, as
amended (12 U.S.C. 1701z-1 et seq.), including carrying out
the functions of the Secretary under section 1(a)(1)(i) of
Reorganization Plan No. 2 of 1968, $47,000,000, to remain
available until September 30, 2005: Provided, That of the
total amount provided under this heading, $7,500,000 shall be
for the Partnership for Advancing Technology in Housing
(PATH) Initiative.

Fair Housing and Equal Opportunity

fair housing activities

For contracts, grants, and other assistance, not otherwise
provided for, as authorized by title VIII of the Civil Rights
Act of 1968, as amended by the Fair Housing Amendments Act of
1988, and section 561 of the Housing and Community
Development Act of 1987, as amended, $50,000,000, to remain
available until September 30, 2005, of which $20,000,000
shall be to carry out activities pursuant to such section
561: Provided, That no funds made available under this
heading shall be used to lobby the executive or legislative
branches of the Federal Government in connection with a
specific contract, grant or loan.

Office of Lead Hazard Control

lead hazard reduction

For the Lead Hazard Reduction Program, as authorized by
section 1011 of the Residential Lead-Based Paint Hazard
Reduction Act of 1992, $175,000,000, to remain available
until September 30, 2005, of which $10,000,000 shall be for
the Healthy Homes Initiative, pursuant to sections 501 and
502 of the Housing and Urban Development Act of 1970:
Provided, That both programs may include research, studies,
evaluations, testing, and demonstration efforts, including
education and outreach by units of general local government,
community-based organizations and other appropriate entities
concerning lead-based paint poisoning and other housing-
related diseases and hazards: Provided, That of the total
amount made available under this heading, $50,000,000 shall
be made available on a competitive basis for areas with the
highest lead paint abatement needs, as identified by the
Secretary as having: (1) the highest number of pre-1940 units
of rental housing; and (2) a disproportionately high number
of documented cases of lead-poisoned children: Provided
further, That each grantee receiving funds under the previous
proviso shall target those privately owned units and
multifamily buildings that are occupied by low-income
families as defined under section 3(b)(2) of the United
States Housing Act of 1937: Provided further, That not less
than 90 percent of the funds made available under this
paragraph shall be used exclusively for abatement,
inspections, risk assessments, temporary relocations and
interim control of lead-based hazards as defined by 42 U.S.C.
4851: Provided further, That each recipient of funds provided
under the first proviso shall make a matching contribution in
an amount

[[Page S14827]]

not less than 25 percent: Provided further, That each
applicant shall submit a detailed plan and strategy that
demonstrates adequate capacity that is acceptable to the
Secretary of the Department of Housing and Urban Development
to carry out the proposed use of funds pursuant to a Notice
of Funding Availability.

Management and Administration

salaries and expenses

(including transfer of funds)

For necessary administrative and non-administrative
expenses of the Department of Housing and Urban Development,
not otherwise provided for, including purchase of uniforms,
or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
hire of passenger motor vehicles; services as authorized by 5
U.S.C. 3109; and not to exceed $25,000 for official reception
and representation expenses, $1,112,130,000, of which
$564,000,000 shall be provided from the various funds of the
Federal Housing Administration, $10,695,000 shall be provided
from funds of the Government National Mortgage Association,
$1,000,000 shall be provided from the ``Community development
loan guarantees program'' account, $150,000 shall be provided
by transfer from the ``Native American housing block grants''
account, $250,000 shall be provided by transfer from the
``Indian housing loan guarantee fund program'' account and
$35,000 shall be transferred from the ``Native Hawaiian
housing loan guarantee fund'' account: Provided further, That
the General Counsel of the Department of Housing and Urban
Development shall have for fiscal year 2004 and all fiscal
years hereafter overall responsibility for all issues related
to appropriations law: Provided further, That the Secretary
shall fill 7 out of 10 vacancies at the GS-14 and GS-15
levels until the total number of GS-14 and GS-15 positions in
the Department has been reduced from the number of GS-14 and
GS-15 positions on the date of enactment of Public Law 106-
377 by 2\1/2\ percent: Provided further, That no funds shall
be made available for the salaries (other than pensions and
related costs) of any employees who had significant
responsibility for allocating funding for the overleasing of
vouchers by public housing agencies.

working capital fund

For additional capital for the Working Capitol Fund (42
U.S.C. 3535) for the development of, modifications to, and
infrastructure for Department-wide information technology
systems, and for the continuing operation of both Department-
wide and program-specific information systems, $240,000,000,
to remain available until September 30, 2005: Provided, That
any amounts transferred to this Fund under this Act shall
remain available until expended.

office of inspector general

(including transfer of funds)

For necessary expenses of the Office of Inspector General
in carrying out the Inspector General Act of 1978, as
amended, $102,000,000, of which $24,000,000 shall be provided
from the various funds of the Federal Housing Administration:
Provided, That the Inspector General shall have independent
authority over all personnel issues within this office:
Provided further, That no less than $300,000 shall be
transferred to the Working Capital Fund for the development
of and modifications to information technology systems for
the Office of Inspector General.

consolidated fee fund

(rescission)

All unobligated balances remaining available from fees and
charges under section 7(j) of the Department of Housing and
Urban Development Act on October 1, 2003 are rescinded.

Office of Federal Housing Enterprise Oversight

Salaries and Expenses

(including transfer of funds)

For carrying out the Federal Housing Enterprises Financial
Safety and Soundness Act of 1992, including not to exceed
$500 for official reception and representation expenses,
$32,415,000, to remain available until expended, to be
derived from the Federal Housing Enterprises Oversight Fund:
Provided, That not to exceed such amount shall be available
from the general fund of the Treasury to the extent necessary
to incur obligations and make expenditures pending the
receipt of collections to the Fund: Provided further, That
the general fund amount shall be reduced as collections are
received during the fiscal year so as to result in a final
appropriation from the general fund estimated at not more
than $32,415,000.

Administrative Provisions

Sec. 201. Fifty percent of the amounts of budget authority,
or in lieu thereof 50 percent of the cash amounts associated
with such budget authority, that are recaptured from projects
described in section 1012(a) of the Stewart B. McKinney
Homeless Assistance Amendments Act of 1988 (42 U.S.C. 1437
note) shall be rescinded, or in the case of cash, shall be
remitted to the Treasury, and such amounts of budget
authority or cash recaptured and not rescinded or remitted to
the Treasury shall be used by State housing finance agencies
or local governments or local housing agencies with projects
approved by the Secretary of Housing and Urban Development
for which settlement occurred after January 1, 1992, in
accordance with such section. Notwithstanding the previous
sentence, the Secretary may award up to 15 percent of the
budget authority or cash recaptured and not rescinded or
remitted to the Treasury to provide project owners with
incentives to refinance their project at a lower interest
rate.
Sec. 202. None of the amounts made available under this Act
may be used during fiscal year 2004 to investigate or
prosecute under the Fair Housing Act any otherwise lawful
activity engaged in by one or more persons, including the
filing or maintaining of a non-frivolous legal action, that
is engaged in solely for the purpose of achieving or
preventing action by a Government official or entity, or a
court of competent jurisdiction.
Sec. 203. (a) Notwithstanding section 854(c)(1)(A) of the
AIDS Housing Opportunity Act (42 U.S.C. 12903(c)(1)(A)), from
any amounts made available under this title for fiscal year
2004 that are allocated under such section, the Secretary of
Housing and Urban Development shall allocate and make a
grant, in the amount determined under subsection (b), for any
State that--
(1) received an allocation in a prior fiscal year under
clause (ii) of such section; and
(2) is not otherwise eligible for an allocation for fiscal
year 2004 under such clause (ii) because the areas in the
State outside of the metropolitan statistical areas that
qualify under clause (i) in fiscal year 2004 do not have the
number of cases of acquired immunodeficiency syndrome (AIDS)
required under such clause.
(b) The amount of the allocation and grant for any State
described in subsection (a) shall be an amount based on the
cumulative number of AIDS cases in the areas of that State
that are outside of metropolitan statistical areas that
qualify under clause (i) of such section 854(c)(1)(A) in
fiscal year 2004, in proportion to AIDS cases among cities
and States that qualify under clauses (i) and (ii) of such
section and States deemed eligible under subsection (a).
Sec. 204. Except as explicitly provided in law, any grant
or assistance made pursuant to title II of this Act shall be
made on a competitive basis in accordance with section 102 of
the Department of Housing and Urban Development Reform Act of
1989.
Sec. 205. Funds of the Department of Housing and Urban
Development subject to the Government Corporation Control Act
or section 402 of the Housing Act of 1950 shall be available,
without regard to the limitations on administrative expenses,
for legal services on a contract or fee basis, and for
utilizing and making payment for services and facilities of
the Federal National Mortgage Association, Government
National Mortgage Association, Federal Home Loan Mortgage
Corporation, Federal Financing Bank, Federal Reserve banks or
any member thereof, Federal Home Loan banks, and any insured
bank within the meaning of the Federal Deposit Insurance
Corporation Act, as amended (12 U.S.C. 1811-1831).
Sec. 206. Unless otherwise provided for in this Act or
through a reprogramming of funds, no part of any
appropriation for the Department of Housing and Urban
Development shall be available for any program, project or
activity in excess of amounts set forth in the budget
estimates submitted to Congress.
Sec. 207. Corporations and agencies of the Department of
Housing and Urban Development which are subject to the
Government Corporation Control Act, as amended, are hereby
authorized to make such expenditures, within the limits of
funds and borrowing authority available to each such
corporation or agency and in accordance with law, and to make
such contracts and commitments without regard to fiscal year
limitations as provided by section 104 of such Act as may be
necessary in carrying out the programs set forth in the
budget for 2004 for such corporation or agency except as
hereinafter provided: Provided, That collections of these
corporations and agencies may be used for new loan or
mortgage purchase commitments only to the extent expressly
provided for in this Act (unless such loans are in support of
other forms of assistance provided for in this or prior
appropriations Acts), except that this proviso shall not
apply to the mortgage insurance or guaranty operations of
these corporations, or where loans or mortgage purchases are
necessary to protect the financial interest of the United
States Government.
Sec. 208. None of the funds provided in this title for
technical assistance, training, or management improvements
may be obligated or expended unless HUD provides to the
Committees on Appropriations a description of each proposed
activity and a detailed budget estimate of the costs
associated with each program, project or activity as part of
the Budget Justifications. For fiscal year 2004, HUD shall
transmit this information to the Committees by March 15, 2004
for 30 days of review.
Sec. 209. Notwithstanding any other provision of law, in
fiscal year 2004, in managing and disposing of any
multifamily property that is owned or held by the Secretary
and is occupied primarily by elderly or disabled families,
the Secretary of Housing and Urban Development shall maintain
any rental assistance payments under section 8 of the United
States Housing Act of 1937 that are attached to any dwelling
units in the property. To the extent the Secretary determines
that such a multifamily property owned or held by the
Secretary is not feasible for continued rental assistance
payments under such section 8, the Secretary may, in
consultation with the tenants of that property, contract for
project-based rental assistance payments with an owner or
owners of other

[[Page S14828]]

existing housing properties 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
assistance 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 entity that administers Federal housing assistance
under section 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 provide advice and comment to the public
housing agency or other administering entity on issues
related to public housing 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''.
Sec. 212. The Secretary of Housing and Urban Development
shall provide quarterly reports to the House and Senate
Committees on Appropriations regarding all uncommitted,
unobligated, and excess funds in each program and activity
within the jurisdiction of the Department and shall submit
additional, updated budget information to these committees
upon request.
Sec. 213. The Secretary of Housing and Urban Development
shall submit an annual report no later than August 30, 2004
and annually thereafter to the House and Senate Committees on
Appropriations regarding the number of Federally assisted
units under lease and the per unit cost of these units to the
Department of Housing and Urban Development.
Sec. 214. (a) Notwithstanding any other provision of law,
the amount allocated for fiscal year 2004 and thereafter to
the City of Philadelphia, Pennsylvania on behalf of the
Philadelphia, PA-NJ Primary Metropolitan Statistical Area
(hereafter ``metropolitan area''), under section 854(c) of
the AIDS Housing Opportunity Act (42 U.S.C. 12903(c)), shall
be adjusted by the Secretary of Housing and Urban Development
by allocating to the State of New Jersey the proportion of
the metropolitan area's amount that is based on the number of
cases of AIDS reported in the portion of the metropolitan
area that is located in New Jersey. The State of New Jersey
shall use amounts allocated to the State under this
subsection to carry out eligible activities under section 855
of the AIDS Housing Opportunity Act (42 U.S.C. 12904) in the
portion of the metropolitan area that is located in New
Jersey.
(b) Notwithstanding any other provision of law, the
Secretary of Housing and Urban Development shall allocate to
Wake County, North Carolina, the amounts that otherwise would
be allocated for fiscal year 2004 and thereafter under
section 854(c) of the AIDS Housing Opportunity Act (42 U.S.C.
12903(c)) to the City of Raleigh, North Carolina, on behalf
of the Raleigh-Durham-Chapel Hill, North Carolina
Metropolitan Statistical Area. Any amounts allocated to Wake
County shall be used to carry out eligible activities under
section 855 of such Act (42 U.S.C. 12904) within such
metropolitan statistical area.
Sec. 215. (a) During fiscal year 2004, in the provision of
rental assistance under section 8(o) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(o)) in connection with a
program to demonstrate the economy and effectiveness of
providing such assistance for use in assisted living
facilities that is carried out in the counties of the State
of Michigan specified in subsection (b) of this section,
notwithstanding paragraphs (3) and (18)(B)(iii) of such
section 8(o), a family residing in an assisted living
facility in any such county, on behalf of which a public
housing agency provides assistance pursuant to section
8(o)(18) of such Act, may be required, at the time the family
initially receives such assistance, to pay rent in an amount
exceeding 40 percent of the monthly adjusted income of the
family by such a percentage or amount as the Secretary of
Housing and Urban Development determines to be appropriate.
(b) The counties specified in this subsection are Oakland
County, Macomb County, Wayne County, and Washtenaw County, in
the State of Michigan.
Sec. 216. Section 683(2) of the Housing and Community
Development Act of 1992 is amended--
(1) in subparagraph (F), by striking ``and'';
(2) in subparagraph (G), by striking ``section.'' and
inserting ``section; and''; and
(3) by adding the following new subparagraph at the end:
``(H) housing that is assisted under section 811 of the
Cranston-Gonzalez National Affordable Housing Act.''.
Sec. 217. Section 224 of the National Housing Act (12
U.S.C. 1735o) is amended by adding the following new sentence
at the end of the first paragraph: ``Notwithstanding the
preceding sentence and the following paragraph, if an
insurance claim is paid in cash for any mortgage that is
insured under section 203 or 234 of this Act and is endorsed
for mortgage insurance after the date of enactment of this
sentence, the debenture interest rate for purposes of
calculating such a claim shall be the monthly average yield,
for the month in which the default on the mortgage occurred,
on United States Treasury Securities adjusted to a constant
maturity of ten years.''.
Sec. 218. The McKinney-Vento Homeless Assistance Act (42
U.S.C. 11301 et seq.) is amended--
(1) in section 101(b), by striking ``Interagency Council on
the Homeless'' and inserting ``United States Interagency
Council on Homelessness'';
(2) in section 102(b)(1), by striking ``an Interagency
Council on the Homeless'' and inserting ``the United States
Interagency Council on Homelessness'';
(3) in the heading for title II, by striking ``INTERAGENCY
COUNCIL ON THE HOMELESS'' and inserting ``UNITED STATES
INTERAGENCY COUNCIL ON HOMELESSNESS'';
(4) in sections 201, 207(1), 501(c)(2)(a), and 501(d)(3),
by striking ``Interagency Council on the Homeless'' and
inserting ``United States Interagency Council on
Homelessness''; and
(5) in section 204(c), by inserting after ``reimbursable''
the two places it appears the following: ``or
nonreimbursable''.
Sec. 219. Title II of the National Housing Act (12 U.S.C.
1707 et seq.) is amended by adding the following new section
at the end:

``Payment Rewards for Certain Single Family Mortgages

``Sec. 257. For purposes of establishing an alternative to
high cost mortgages for borrowers with credit impairments,
the Secretary may insure under sections 203(b) and 234(c) of
this title any mortgage that meets the requirements of such
sections, except as provided in the following sentences. The
Secretary may establish lower percentage of appraised value
limitations than those provided in section 203(b)(2)(B).
Notwithstanding section 203(c)(2)(B), the Secretary may
establish and collect annual premium payments in an amount
not exceeding 1.0 percent of the remaining insured principal
balance and such payments may be reduced or eliminated in
subsequent years based on mortgage payment performance. All
mortgages insured pursuant to this section shall be
obligations of the Mutual Mortgage Insurance Fund
notwithstanding section 519 of this Act.''.
Sec. 220. (a) Information Comparisons for Public and
Assisted Housing Programs.--Section 453(j) of the Social
Security Act (42 U.S.C. 653(j)) is amended by adding at the
end the following new paragraph:
``(7) Information comparisons for housing assistance
programs.--
``(A) Furnishing of information by hud.--Subject to
subparagraph (G), the Secretary of Housing and Urban
Development shall furnish to the Secretary, on such periodic
basis as determined by the Secretary of Housing and Urban
Development in consultation with the Secretary, information
in the custody of the Secretary of Housing and Urban
Development for comparison with information in the National
Directory of New Hires, in order to obtain information in
such Directory with respect to individuals who are
participating in any program under--
``(i) the United States Housing Act of 1937 (42 U.S.C. 1437
et seq.);
``(ii) section 202 of the Housing Act of 1959 (12 U.S.C.
1701q);
``(iii) section 221(d)(3), 221(d)(5), or 236 of the
National Housing Act (12 U.S.C. 1715l(d) and 1715z-1);
``(iv) section 811 of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 8013); or
``(v) section 101 of the Housing and Urban Development Act
of 1965 (12 U.S.C. 1701s).
``(B) Requirement to seek minimum information.--The
Secretary of Housing and Urban Development shall seek
information pursuant to this section only to the extent
necessary to verify the employment and income of individuals
described in subparagraph (A).
``(C) Duties of the secretary.--
``(i) Information disclosure.--The Secretary, in
cooperation with the Secretary of Housing and Urban
Development, shall compare information in the National
Directory of New Hires with information provided by the
Secretary of Housing and Urban Development with respect to
individuals described in subparagraph (A), and shall disclose
information in such Directory regarding such individuals to
the Secretary of Housing and Urban Development, in accordance
with this paragraph, for the purposes specified in this
paragraph.
``(ii) Condition on disclosure.--The Secretary shall make
disclosures in accordance with clause (i) only to the extent
that the Secretary determines that such disclosures do not
interfere with the effective operation of the program under
this part.
``(D) Use of information by hud.--The Secretary of Housing
and Urban Development may use information resulting from a
data match pursuant to this paragraph only--
``(i) for the purpose of verifying the employment and
income of individuals described in subparagraph (A); and
``(ii) after removal of personal identifiers, to conduct
analyses of the employment and income reporting of
individuals described in subparagraph (A).
``(E) Disclosure of information by hud.--
``(i) Purpose of disclosure.--The Secretary of Housing and
Urban Development may make a disclosure under this
subparagraph only for the purpose of verifying the employment
and income of individuals described in subparagraph (A).

[[Page S14829]]

``(ii) Disclosures permitted.--Subject to clause (iii), the
Secretary of Housing and Urban Development may disclose
information resulting from a data match pursuant to this
paragraph only to a public housing agency, the Inspector
General of the Department of Housing and Urban Development,
and the Attorney General in connection with the
administration of a program described in subparagraph (A).
Information obtained by the Secretary of Housing and Urban
Development pursuant to this paragraph shall not be made
available under section 552 of title 5, United States Code.
``(iii) Conditions on disclosure.--Disclosures under this
paragraph shall be--

``(I) made in accordance with data security and control
policies established by the Secretary of Housing and Urban
Development and approved by the Secretary;
``(II) subject to audit in a manner satisfactory to the
Secretary; and
``(III) subject to the sanctions under subsection (l)(2).

``(iv) Additional disclosures.--

``(I) Determination by secretaries.--The Secretary of
Housing and Urban Development and the Secretary shall
determine whether to permit disclosure of information under
this paragraph to persons or entities described in subclause
(II), based on an evaluation made by the Secretary of Housing
and Urban Development (in consultation with and approved by
the Secretary), of the costs and benefits of disclosures made
under clause (ii) and the adequacy of measures used to
safeguard the security and confidentiality of information so
disclosed.
``(II) Permitted persons or entities.--If the Secretary of
Housing and Urban Development and the Secretary determine
pursuant to subclause (I) that disclosures to additional
persons or entities shall be permitted, information under
this paragraph may be disclosed by the Secretary of Housing
and Urban Development to a private owner, a management agent,
and a contract administrator in connection with the
administration of a program described in subparagraph (A),
subject to the conditions in clause (iii) and such additional
conditions as agreed to by the Secretaries.

``(v) Restrictions on redisclosure.--A person or entity to
which information is disclosed under this subparagraph may
use or disclose such information only as needed for verifying
the employment and income of individuals described in
subparagraph (A), subject to the conditions in clause (iii)
and such additional conditions as agreed to by the
Secretaries.
``(F) Reimbursement of hhs costs.--The Secretary of Housing
and Urban Development shall reimburse the Secretary, in
accordance with subsection (k)(3), for the costs incurred by
the Secretary in furnishing the information requested under
this paragraph.
``(G) Consent.--The Secretary of Housing and Urban
Development shall not seek, use, or disclose information
under this paragraph relating to an individual without the
prior written consent of such individual (or of a person
legally authorized to consent on behalf of such
individual).''.
(b) Consent to Information Comparison and Use as Condition
of Hud Program Eligibility.--As a condition of participating
in any program authorized under--
(1) the United States Housing Act of 1937 (42 U.S.C. 1437
et seq.);
(2) section 202 of the Housing Act of 1959 (12 U.S.C.
1701q);
(3) section 221(d)(3), 221(d)(5), or 236 of the National
Housing Act (12 U.S.C. 1715l(d) and 1715z-1);
(4) section 811 of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 8013); or
(5) section 101 of the Housing and Urban Development Act of
1965 (12 U.S.C. 1701s),
the Secretary of Housing and Urban Development may require
consent by an individual (or by a person legally authorized
to consent on behalf of such individual) for such Secretary
to obtain, use, and disclose information with respect to such
individual in accordance with section 453(j)(7) of the Social
Security Act (42 U.S.C. 653(j)(7)).
Sec. 221. Section 9 of the United States Housing Act of
1937 is amended by inserting at the end the following new
subsection:
``(o) Loan Guarantee Development Funding.--
``(1) In order to facilitate the financing of the
rehabilitation and development needs of public housing, the
Secretary is authorized to provide loan guarantees for public
housing agencies to enter into loans or other financial
obligations with financial institutions for the purpose of
financing the rehabilitation of a portion of public housing
or the development off-site of public housing in mixed income
developments (including demolition costs of the public
housing units to be replaced), provided that the number of
public housing units developed off-site replaces no less than
an equal number of on-site public housing units in a project.
Loans or other obligations entered into pursuant to this
subsection shall be in such form and denominations, have such
maturities, and be subject to such conditions as may be
prescribed by regulations issued by the Secretary.
``(2) The Secretary may prohibit a public housing agency
from obtaining a loan under this subsection only if the
rehabilitation or replacement housing proposed by a public
housing agency is inconsistent with its Public Housing Agency
Plan, as submitted under section 5A, or the proposed terms of
the guaranteed loan constitutes an unacceptable financial
risk to the public housing agency or for repayment of the
loan under this subsection.
``(3) Notwithstanding any other provision of this title,
funding allocated to a public housing agency under
subsections (d)(2) and (e)(2) of this section for capital and
operating funds is authorized for use in the payment of the
principal and interest due (including such servicing,
underwriting or other costs as may be specified in the
regulations of the Secretary) on the loans or other
obligations entered into pursuant to this subsection.
``(4) The amount of any loan or other obligation entered
into under this subsection shall not exceed in total the pro-
rata amount of funds that would be allocated over a period
not to exceed 30 years under subsections (d)(2) and (e)(2) of
this section on a per unit basis as a percentage of the
number of units that are designated to be rehabilitated or
replaced under this subsection by a public housing agency as
compared to the total number of units in the public housing
development, as determined on the basis of funds made
available under such subsections (d)(2) and (e)(2) in the
previous year. Any reduction in the total amount of funds
provided to a public housing agency under this section in
subsequent years shall not reduce the amount of funds to be
paid under a loan entered into under this subsection but
instead shall reduce the capital and operating funds which
are available for the other housing units in the public
housing development in that fiscal year. Any additional
income, including the receipt of rental income from tenants,
generated by the rehabilitated or replaced units may be used
to establish a loan loss reserve for the public housing
agency to assist in the repayment of loans or other
obligations entered into under this subsection or to address
any shortfall in the operating or capital needs of the public
housing agency in any fiscal year.
``(5) Subject to appropriations, the Secretary may use
funds from the Public Housing Capital Fund to--
``(A) establish a loan loss reserve account within the
Department of Housing and Urban Development to minimize the
risk of loss associated with the repayment of loans
guaranteed under this subsection,
``(B) make grants to a public housing agency for capital
investment needs or for the creation of a loan loss reserve
account to be used in conjunction with a loan made under this
subsection for the rehabilitation of a portion of public
housing or the development off-site of public housing in
mixed income developments (including demolition costs of the
public housing units to be replaced), or
``(C) or repay any losses associated with a loan guarantee
under this subsection.
``(6) The Secretary may, to the extent approved in
appropriations Acts, assist in the payment of all or a
portion of the principal and interest amount due under the
loan or other obligation entered into under this subsection,
if the Secretary determines that the public housing agency is
unable to pay the amount it owes because of circumstances of
extreme hardship beyond the control of the public housing
agency.''.
Sec. 222. Section 204(a) of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11314(a)) is amended by striking in
the first sentence after the word ``level'', ``V'', and
inserting in its place ``III''.
Sec. 223. Notwithstanding any other provision of law, the
State of Hawaii may elect by July 31, 2004 to distribute
funds under section 106(d)(2) of the Housing and Community
Development Act of 1974, to units of general local government
located in nonentitlement areas of that State. If the State
of Hawaii fails to make such election, the Secretary shall
for fiscal years 2005 and thereafter make grants to the units
of general local government located in the State of Hawaii's
nonentitlement areas (Hawaii, Kauai, and Maui counties). The
Secretary of Housing and Urban Development shall allocate
funds under section 106(d) of such Act to units of general
local government located in nonentitlement areas within the
State of Hawaii in accordance with a formula which bears the
same ratio to the total amount available for the
nonentitlement areas of the State as the weighted average of
the ratios between (1) the population of that eligible unit
of general local government and the population of all
eligible units of general local government in the
nonentitlement areas of the State; (2) the extent of poverty
in that eligible unit of general local government and the
extent of poverty in all of the eligible units of general
local government in the nonentitlement areas of the State;
and (3) the extent of housing overcrowding in that eligible
unit of general local government and the extent of housing
overcrowding in all of the eligible units of general local
government in the nonentitlement areas of the State. In
determining the weighted average of the ratios described in
the previous sentence, the ratio described in clause (2)
shall be counted twice and the ratios described in clauses
(1) and (3) shall be counted once. Notwithstanding any other
provision, grants made under this section shall be subject to
the program requirements of section 104 of the Housing and
Community Development Act of 1974 in the same manner as such
requirements are made applicable to grants made under section
106(b) of the Housing and Community Development Act of 1974.
Sec. 224. The Secretary of Housing and Urban Development
shall issue a proposed rulemaking, in accordance with Title
V, United States Code, not later than 90 days

[[Page S14830]]

from the date of enactment of this Act that--
(1) addresses and expands, as necessary, the participation
and certification requirements for the sale of HUD-owned
multifamily housing projects and the foreclosure sale of any
multifamily housing securing a mortgage held by the
Secretary, including whether a potential purchaser is in
substantial compliance with applicable state or local
government housing statutes, regulations, ordinances and
codes with regard to other properties owned by the purchaser;
and
(2) requires any state, city, or municipality that
exercises its right of first refusal for the purchase of a
multifamily housing project under section 203 of the Housing
and Community Development Amendments of 1978 (12 U.S.C.
1701z-11(i)) to ensure that potential purchasers of the
project from the state, city, or municipality are subject to
the same standards that they would otherwise be subject to if
they had purchased the project directly from the Secretary,
including whether a potential purchaser is in substantial
compliance with applicable state or local government housing
statutes, regulations, ordinances and codes with regard to
other properties owned by the purchaser.
Sec. 225. Section 217 of Public Law 107-73 is amended by
striking ``the rehabilitation'' and inserting in lieu
thereof: ``redevelopment, including demolition and new
construction''.

TITLE III--INDEPENDENT AGENCIES

American Battle Monuments Commission

salaries and expenses

For necessary expenses, not otherwise provided for, of the
American Battle Monuments Commission, including the
acquisition of land or interest in land in foreign countries;
purchases and repair of uniforms for caretakers of national
cemeteries and monuments outside of the United States and its
territories and possessions; rent of office and garage space
in foreign countries; purchase (one for replacement only) and
hire of passenger motor vehicles; and insurance of official
motor vehicles in foreign countries, when required by law of
such countries, $35,000,000, to remain available until
expended.

Chemical Safety and Hazard Investigation Board

SALARIES AND EXPENSES

For necessary expenses in carrying out activities pursuant
to section 112(r)(6) of the Clean Air Act, as amended,
including hire of passenger vehicles, uniforms or allowances
therefore, as authorized by 5 U.S.C. 5901-5902, and for
services authorized by 5 U.S.C. 3109 but at rates for
individuals not to exceed the per diem equivalent to the
maximum rate payable for senior level positions under 5
U.S.C. 5376, $8,000,000, of which $5,500,000 is to remain
available until September 30, 2004 and $2,500,000, of which
is to remain available until September 30, 2005: Provided
further, That the Chemical Safety and Hazard Investigation
Board shall have not more than three career Senior Executive
Service positions.

Department of the Treasury

Community Development Financial Institutions

community development financial institutions fund program account

To carry out the Community Development Banking and
Financial Institutions Act of 1994, including services
authorized by 5 U.S.C. 3109, but at rates for individuals not
to exceed the per diem rate equivalent to the rate for ES-3,
$70,000,000, to remain available until September 30, 2005, of
which not less than $5,000,000 shall be for financial
assistance, technical assistance, training and outreach
programs designed to benefit Native American, Native
Hawaiian, and Alaskan Native communities and provided
primarily through qualified community development lender
organizations with experience and expertise in community
development banking and lending in Indian country, Native
American organizations, tribes and tribal organizations and
other suitable providers, and up to $12,000,000 may be used
for administrative expenses, including administration of the
New Markets Tax Credit, up to $6,000,000 may be used for the
cost of direct loans, and up to $250,000 may be used for
administrative expenses to carry out the direct loan program:
Provided, That the cost of direct loans, 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 principal amount of direct loans not to
exceed $11,000,000.

Consumer Product Safety Commission

salaries and expenses

For necessary expenses of the Consumer Product Safety
Commission, including hire of passenger motor vehicles,
services as authorized by 5 U.S.C. 3109, but at rates for
individuals not to exceed the per diem rate equivalent to the
maximum rate payable under 5 U.S.C. 5376, purchase of nominal
awards to recognize non-Federal officials' contributions to
Commission activities, and not to exceed $500 for official
reception and representation expenses, $60,000,000.

Corporation for National and Community Service

national and community service programs operating expenses

(including transfer of funds)

For necessary expenses for the Corporation for National and
Community Service (the ``Corporation'') in carrying out
programs, activities, and initiatives under the National and
Community Service Act of 1990 (the ``Act'') (42 U.S.C. 12501
et seq.), $452,575,000, to remain available until September
30, 2005: Provided, That not more than $330,000,000 of the
amount provided under this heading shall be available for the
National Service Trust under subtitle D of title I of the Act
(42 U.S.C. 12601 et seq.) and for grants under the National
Service Trust Program authorized under subtitle C of title I
of the Act (42 U.S.C. 12571 et seq.) (relating to activities
of the AmeriCorps program), including grants to organizations
operating projects under the AmeriCorps Education Awards
Program (without regard to the requirements of sections
121(d) and (e), section 131(e), section 132, and sections
140(a), (d), and (e) of the Act): Provided further, That from
the amount provided under the previous proviso, the
Corporation may transfer funds as necessary, to remain
available without fiscal year limitation, to the National
Service Trust for educational awards authorized under
subtitle D of title I of the Act (42 U.S.C. 12601), of which
up to $5,000,000 shall be available to support national
service scholarships for high school students performing
community service: Provided further, That the Corporation
shall approve and enroll AmeriCorps members pursuant to the
Strengthen AmeriCorps Program Act (Public Law 108-45):
Provided further, That of the amount provided under this
heading for grants under the National Service Trust program
authorized under subtitle C of title I of the Act, not more
than $50,000,000 may be used to administer, reimburse, or
support any national service program authorized under section
121(d)(2) of such Act (42 U.S.C. 12581(d)(2)): Provided
further, That not more than $14,575,000 shall be available
for quality and innovation activities authorized under
subtitle H of title I of the Act (42 U.S.C. 12853 et seq.),
of which $5,000,000 shall be available for challenge grants
to non-profit organizations: Provided further, That
notwithstanding subtitle H of title I of the Act (42 U.S.C.
12853), none of the funds provided under the previous proviso
shall be used to support salaries and related expenses
(including travel) attributable to Corporation employees:
Provided further, That to the maximum extent feasible, funds
appropriated under subtitle C of title I of the Act shall be
provided in a manner that is consistent with the
recommendations of peer review panels in order to ensure that
priority is given to programs that demonstrate quality,
innovation, replicability, and sustainability: Provided
further, That not more than $10,000,000 of the funds made
available under this heading shall be made available for the
Points of Light Foundation for activities authorized under
title III of the Act (42 U.S.C. 12661 et seq.), of which not
more than $2,500,000 may be used to support an endowment
fund, the corpus of which shall remain intact and the
interest income from which shall be used to support
activities described in title III of the Act, provided that
the Foundation may invest the corpus and income in federally
insured bank savings accounts or comparable interest bearing
accounts, certificates of deposit, money market funds, mutual
funds, obligations of the United States, and other market
instruments and securities but not in real estate
investments: Provided further, That no funds shall be
available for national service programs run by Federal
agencies authorized under section 121(b) of such Act (42
U.S.C. 12571(b)): Provided further, That not more than
$5,000,000 of the funds made available under this heading
shall be made available to America's Promise--The Alliance
for Youth, Inc.: Provided further, That to the maximum extent
practicable, the Corporation shall increase significantly the
level of matching funds and in-kind contributions provided by
the private sector, and shall reduce the total Federal costs
per participant in all programs by not less than 10 percent:
Provided further, That the Inspector General of the
Corporation for National and Community Service shall conduct
random audits of the grantees that administer activities
under the AmeriCorps programs and shall debar any grantee (or
successor in interest or any entity with substantially the
same person or persons in control) that has been determined
to have committed any substantial violations of the
requirements of the AmeriCorps programs, including any
grantee that has been determined to have violated the
prohibition of using Federal funds to lobby the Congress:
Provided further, That the Inspector General shall obtain
reimbursements in the amount of any misused funds from any
grantee that has been determined to have committed any
substantial violations of the requirements of the AmeriCorps
programs.

SALARIES AND EXPENSES

For necessary expenses (including payment of salaries,
authorized travel, hire of passenger motor vehicles, the
rental of conference rooms in the District of Columbia, the
employment of experts and consultants authorized under 5
U.S.C. 3109, and not to exceed $2,500 for official reception
and representation expenses) involved in carrying out the
National and Community Service Act of 1990 (42 U.S.C. 12501
et seq.) involved in administration as provided under section
501(a)(4) of the Act, $25,000,000.

office of inspector general

For necessary expenses of the Office of Inspector General
in carrying out the Inspector General Act of 1978, as
amended,

[[Page S14831]]

$6,500,000, to remain available until September 30, 2005.

administrative provisions

Notwithstanding any other provision of law, the term
``qualified student loan'' with respect to national service
education awards shall mean any loan determined by an
institution of higher education to be necessary to cover a
student's cost of attendance at such institution and made,
insured, or guaranteed directly to a student by a State
agency, in addition to other meanings under section 148(b)(7)
of the National and Community Service Act.
Notwithstanding any other provision of law, funds made
available under section 129(d)(5)(B) of the National and
Community Service Act to assist entities in placing
applicants who are individuals with disabilities may be
provided to any entity that receives a grant under section
121 of the Act.

United States Court of Appeals for Veterans Claims

salaries and expenses

For necessary expenses for the operation of the United
States Court of Appeals for Veterans Claims as authorized by
38 U.S.C. 7251-7298, $16,220,000 of which $1,175,000 shall be
available for the purpose of providing financial assistance
as described, and in accordance with the process and
reporting procedures set forth, under this heading in Public
Law 102-229.

Department of Defense--Civil

Cemeterial Expenses, Army

salaries and expenses

For necessary expenses, as authorized by law, for
maintenance, operation, and improvement of Arlington National
Cemetery and Soldiers' and Airmen's Home National Cemetery,
including the purchase of two passenger motor vehicles for
replacement only, and not to exceed $1,000,000 for official
reception and representation expenses, $32,000,000, to remain
available until expended.

Department of Health and Human Services

National Institutes of Health

national institute of environmental health sciences

For necessary expenses for the National Institute of
Environmental Health Sciences in carrying out activities set
forth in section 311(a) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, as
amended, and section 126(g) of the Superfund Amendments and
Reauthorization Act of 1986, $78,774,000.

Agency for Toxic Substances and Disease Registry

toxic substances and environmental public health

For necessary expenses for the Agency for Toxic Substances
and Disease Registry (ATSDR) in carrying out activities set
forth in sections 104(i), 111(c)(4), and 111(c)(14) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (CERCLA), as amended; section 118(f) of
the Superfund Amendments and Reauthorization Act of 1986
(SARA), as amended; and section 3019 of the Solid Waste
Disposal Act, as amended, $73,467,000, which may be derived
to the extent funds are available from the Hazardous
Substance Superfund Trust Fund pursuant to section 517(a) of
SARA (26 U.S.C. 9507): Provided, That notwithstanding any
other provision of law, in lieu of performing a health
assessment under section 104(i)(6) of CERCLA, the
Administrator of ATSDR may conduct other appropriate health
studies, evaluations, or activities, including, without
limitation, biomedical testing, clinical evaluations, medical
monitoring, and referral to accredited health care providers:
Provided further, That in performing any such health
assessment or health study, evaluation, or activity, the
Administrator of ATSDR shall not be bound by the deadlines in
section 104(i)(6)(A) of CERCLA: Provided further, That none
of the funds appropriated under this heading shall be
available for ATSDR to issue in excess of 40 toxicological
profiles pursuant to section 104(i) of CERCLA during fiscal
year 2004, and existing profiles may be updated as necessary.

Environmental Protection Agency

science and technology

For science and technology, including research and
development activities, which shall include research and
development activities under the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980, as
amended; necessary expenses for personnel and related costs
and travel expenses, including uniforms, or allowances
therefor, as authorized by 5 U.S.C. 5901-5902; services as
authorized by 5 U.S.C. 3109, but at rates for individuals not
to exceed the per diem rate equivalent to the maximum rate
payable for senior level positions under 5 U.S.C. 5376;
procurement of laboratory equipment and supplies; other
operating expenses in support of research and development;
construction, alteration, repair, rehabilitation, and
renovation of facilities, not to exceed $75,000 per project,
$715,579,000, which shall remain available until September
30, 2005.

environmental programs and management

For environmental programs and management, including
necessary expenses, not otherwise provided for, for personnel
and related costs and travel expenses, including uniforms, or
allowances therefor, as authorized by 5 U.S.C. 5901-5902;
services as authorized by 5 U.S.C. 3109, but at rates for
individuals not to exceed the per diem rate equivalent to the
maximum rate payable for senior level positions under 5
U.S.C. 5376; hire of passenger motor vehicles; hire,
maintenance, and operation of aircraft; purchase of reprints;
library memberships in societies or associations which issue
publications to members only or at a price to members lower
than to subscribers who are not members; construction,
alteration, repair, rehabilitation, and renovation of
facilities, not to exceed $75,000 per project; and not to
exceed $9,000 for official reception and representation
expenses, $2,219,659,000, which shall remain available until
September 30, 2005, including administrative costs of the
brownfields program under the Small Business Liability Relief
and Brownfields Revitalization Act of 2002.

office of inspector general

For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, as amended, and for construction, alteration,
repair, rehabilitation, and renovation of facilities, not to
exceed $75,000 per project, $36,808,000, to remain available
until September 30, 2005.

buildings and facilities

For construction, repair, improvement, extension,
alteration, and purchase of fixed equipment or facilities of,
or for use by, the Environmental Protection Agency,
$42,918,000, to remain available until expended.

Hazardous Substance Superfund

(including transfers of funds)

For necessary expenses to carry out the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (CERCLA), as amended, including sections 111(c)(3),
(c)(5), (c)(6), and (e)(4) (42 U.S.C. 9611), and for
construction, alteration, repair, rehabilitation, and
renovation of facilities, not to exceed $75,000 per project;
$1,265,000,000 (of which $100,000,000 shall not become
available until September 1, 2003), to remain available until
expended, consisting of such sums as are available in the
Trust Fund as authorized by section 517(a) of the Superfund
Amendments and Reauthorization Act of 1986 (SARA) and up to
$1,265,000,000 as a payment from general revenues to the
Hazardous Substance Superfund for purposes as authorized by
section 517(b) of SARA, as amended: Provided, That funds
appropriated under this heading may be allocated to other
Federal agencies in accordance with section 111(a) of CERCLA:
Provided further, That of the funds appropriated under this
heading, $13,214,000 shall be transferred to the ``Office of
Inspector General'' appropriation to remain available until
September 30, 2005, and $45,000,000 shall be transferred to
the ``Science and technology'' appropriation to remain
available until September 30, 2005.

leaking underground storage tank program

For necessary expenses to carry out leaking underground
storage tank cleanup activities authorized by section 205 of
the Superfund Amendments and Reauthorization Act of 1986, and
for construction, alteration, repair, rehabilitation, and
renovation of facilities, not to exceed $75,000 per project,
$72,545,000, to remain available until expended.

oil spill response

For expenses necessary to carry out the Environmental
Protection Agency's responsibilities under the Oil Pollution
Act of 1990, $16,209,000, to be derived from the Oil Spill
Liability trust fund, to remain available until expended.

state and tribal assistance grants

For environmental programs and infrastructure assistance,
including capitalization grants for State revolving funds and
performance partnership grants, $3,814,000,000, to remain
available until expended, of which $1,350,000,000 shall be
for making capitalization grants for the Clean Water State
Revolving Funds under title VI of the Federal Water Pollution
Control Act, as amended (the ``Act''); $850,000,000 shall be
for capitalization grants for the Drinking Water State
Revolving Funds under section 1452 of the Safe Drinking Water
Act, as amended, except that, notwithstanding section 1452(n)
of the Safe Drinking Water Act, as amended, none of the funds
made available under this heading in this Act, or in previous
appropriations Acts, shall be reserved by the Administrator
for health effects studies on drinking water contaminants;
$50,000,000 shall be for architectural, engineering,
planning, design, construction and related activities in
connection with the construction of high priority water and
wastewater facilities in the area of the United States-Mexico
Border, after consultation with the appropriate border
commission; $45,000,000 shall be for grants to the State of
Alaska to address drinking water and wastewater
infrastructure needs of rural and Alaska Native Villages:
Provided, That, of these funds (1) 25 percent will be set
aside for regional hub communities of populations over 1,000
but under 5,000, (2) the State of Alaska shall provide a
match of 25 percent, (3) no more than 5 percent of the fund
may be used for administrative and overhead expenses, and (4)
a statewide priority list shall be established which shall
remain in effect for at least three years; $3,500,000 shall
be for remediation of above ground leaking fuel tanks
pursuant to Public Law 106-554; $130,000,000 shall be for
making grants for the

[[Page S14832]]

construction of drinking water, wastewater and storm water
infrastructure and for water quality protection in accordance
with the terms and conditions specified for such grants in
the committee report accompanying this Act, and,
notwithstanding any other provision of law, heretofore and
hereafter, projects awarded such grants under this heading
that also receive loans from a State water pollution control
or drinking water revolving fund may be administered in
accordance with applicable State water pollution control or
drinking water revolving fund administrative and procedural
requirements, and, for purposes of these grants, each grantee
shall contribute not less than 45 percent of the cost of the
project unless the grantee is approved for a waiver by the
Administrator of the Environmental Protection Agency;
$100,500,000 shall be to carry out section 104(k) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (CERCLA), as amended, including grants,
interagency agreements, and associated program support costs;
and $1,130,000,000 shall be for grants, including associated
program support costs, to States, federally recognized
tribes, interstate agencies, tribal consortia, and air
pollution control agencies for multi-media or single media
pollution prevention, control and abatement and related
activities, including activities pursuant to the provisions
set forth under this heading in Public Law 104-134, and for
making grants under section 103 of the Clean Air Act for
particulate matter monitoring and data collection activities
of which and subject to terms and conditions specified by the
Administrator, of which $60,000,000 shall be for carrying out
section 128 of CERCLA, as amended, and $20,000,000 shall be
for Environmental Information Exchange Network grants,
including associated program support costs: Provided, That
for fiscal year 2004, State authority under section 302(a) of
Public Law 104-182 shall remain in effect: Provided further,
That notwithstanding section 603(d)(7) of the Act, the
limitation on the amounts in a State water pollution control
revolving fund that may be used by a State to administer the
fund shall not apply to amounts included as principal in
loans made by such fund in fiscal year 2004 and prior years
where such amounts represent costs of administering the fund
to the extent that such amounts are or were deemed reasonable
by the Administrator, accounted for separately from other
assets in the fund, and used for eligible purposes of the
fund, including administration: Provided further, That for
fiscal year 2004, and notwithstanding section 518(f) of the
Act, the Administrator is authorized to use the amounts
appropriated for any fiscal year under section 319 of that
Act to make grants to Indian tribes pursuant to sections
319(h) and 518(e) of that Act: Provided further, That for
fiscal year 2004, notwithstanding the limitation on amounts
in section 518(c) of the Act, up to a total of 1\1/2\ percent
of the funds appropriated for State Revolving Funds under
title VI of that Act may be reserved by the Administrator for
grants under section 518(c) of such Act: Provided further,
That no funds provided by this legislation to address the
water, wastewater and other critical infrastructure needs of
the colonias in the United States along the United States-
Mexico border shall be made available to a county or
municipal government unless that government has established
an enforceable local ordinance, or other zoning rule, which
prevents in that jurisdiction the development or construction
of any additional colonia areas, or the development within an
existing colonia the construction of any new home, business,
or other structure which lacks water, wastewater, or other
necessary infrastructure: Provided further, That the
referenced statement of the managers under this heading in
Public Law 106-377 is deemed to be amended by striking
``wastewater'' in reference to item number 219 and inserting
``water'': Provided further, That the referenced statement of
the managers under this heading in Public Law 108-7 is deemed
to be amended by striking ``wastewater'' in reference to item
number 409 and inserting ``water''.

administrative provisions

For fiscal year 2004, notwithstanding 31 U.S.C. 6303(1) and
6305(1), the Administrator of the Environmental Protection
Agency, in carrying out the Agency's function to implement
directly Federal environmental programs required or
authorized by law in the absence of an acceptable tribal
program, may award cooperative agreements to federally-
recognized Indian Tribes or Intertribal consortia, if
authorized by their member Tribes, to assist the
Administrator in implementing Federal environmental programs
for Indian Tribes required or authorized by law, except that
no such cooperative agreements may be awarded from funds
designated for State financial assistance agreements.
None of the funds appropriated or otherwise made available
by this Act shall be used to promulgate a final regulation to
implement changes in the payment of pesticide tolerance
processing fees as proposed at 64 Fed. Reg. 31040, or any
similar proposals. The Environmental Protection Agency may
proceed with the development of such a rule.
The Environmental Protection Agency may not use any of the
funds appropriated or otherwise made available by this Act to
implement the Registration Fee system codified at 40 Code of
Federal Regulations Subpart U (sections 152.400 et seq.) if
its authority to collect maintenance fees pursuant to FIFRA
section 4(i)(5) is extended for at least 1 year beyond
September 30, 2003.
Section 136a-1 of title 7, U.S.C. is amended--
(1) in subsection (i)(5)(C)(i) by striking ``2003'' and
inserting ``2004'';
(2) in subsection (i)(5)(H) by striking ``2003'' and
inserting ``2004'';
(3) in subsection (i)(6) by striking ``2003'' and inserting
``2004''; and
(4) in subsection (k)(3)(A) by striking ``2003'' and
inserting ``2004''.
Notwithstanding CERCLA 104(k)(4)(B)(i)(IV), appropriated
funds may hereafter be used to award grants or loans under
section 104(k) of CERCLA to eligible entities that satisfy
all of the elements set forth in CERCLA section 101(40) to
qualify as a bona fide prospective purchaser except that the
date of acquisition of the property was prior to the date of
enactment of the Small Business Liability Relief and
Brownfield Revitalization Act of 2001.
For fiscal year 2004, notwithstanding any other provision
of law, recipients of grants awarded under section 104(k) of
the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.) may use funds
for reasonable administrative costs, as determined by the
Administrator of the Environmental Protection Agency.
Section 209(e)(1)(A) of the Clean Air Act (42 U.S.C.
7543(e)(1)(A)) is amended by striking out ``New engines which
are'' and inserting in lieu thereof the following: ``Any
engine covered by a certificate of conformity that also
covers any engine''.

Executive Office of the President

office of science and technology policy

For necessary expenses of the Office of Science and
Technology Policy, in carrying out the purposes of the
National Science and Technology Policy, Organization, and
Priorities Act of 1976 (42 U.S.C. 6601 and 6671), hire of
passenger motor vehicles, and services as authorized by 5
U.S.C. 3109, not to exceed $2,500 for official reception and
representation expenses, and rental of conference rooms in
the District of Columbia, $7,027,000.

council on environmental quality and office of environmental quality

For necessary expenses to continue functions assigned to
the Council on Environmental Quality and Office of
Environmental Quality pursuant to the National Environmental
Policy Act of 1969, the Environmental Quality Improvement Act
of 1970, and Reorganization Plan No. 1 of 1977, and not to
exceed $750 for official reception and representation
expenses, $3,238,000: Provided, That, notwithstanding section
202 of the National Environmental Policy Act of 1970, the
Council shall consist of one member, appointed by the
President, by and with the advice and consent of the Senate,
serving as chairman and exercising all powers, functions, and
duties of the Council.

Federal Deposit Insurance Corporation

office of inspector general

For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978, as amended, $30,848,000, to be derived from the Bank
Insurance Fund, the Savings Association Insurance Fund, and
the FSLIC Resolution Fund.

General Services Administration

federal citizen information center fund

For necessary expenses of the Federal Citizen Information
Center, including services authorized by 5 U.S.C. 3109,
$14,000,000, to be deposited into the Federal Citizen
Information Center Fund: Provided, That the appropriations,
revenues, and collections deposited into the Fund shall be
available for necessary expenses of Federal Citizen
Information Center activities in the aggregate amount not to
exceed $21,000,000. Appropriations, revenues, and collections
accruing to this Fund during fiscal year 2004 in excess of
$21,000,000 shall remain in the Fund and shall not be
available for expenditure except as authorized in
appropriations Acts.

United States Interagency Council on Homelessness

OPERATING EXPENSES

For necessary expenses (including payment of salaries,
authorized travel, hire of passenger motor vehicles, the
rental of conference rooms in the District of Columbia, and
the employment of experts and consultants under section 3109
of title 5, United States Code) of the Interagency Council on
the Homeless in carrying out the functions pursuant to title
II of the McKinney-Vento Homeless Assistance Act, as amended,
$1,500,000.

National Aeronautics and Space Administration

Space Flight Capabilities

For necessary expenses, not otherwise provided for, in the
conduct and support of space flight capabilities research and
development activities, including research, development,
operations, support and services; maintenance; construction
of facilities including repair, rehabilitation,
revitalization and modification of facilities, construction
of new facilities and additions to existing facilities,
facility planning and design, and acquisition or condemnation
of real property, as authorized by law; environmental
compliance and restoration; space flight, spacecraft control
and communications activities including operations,
production, and services; program management; personnel and
related

[[Page S14833]]

costs, including uniforms or allowances therefor, as
authorized by 5 U.S.C. 5901-5902; travel expenses; purchase
and hire of passenger motor vehicles; not to exceed $35,000
for official reception and representation expenses; and
purchase, lease, charter, maintenance and operation of
mission and administrative aircraft, $7,582,100,000, to
remain available until September 30, 2005, of which no less
than $3,968,000,000 shall be available for activities related
to the Space Shuttle and shall not be available for transfer
to any other program or account, and no more than
$1,507,000,000 shall be available for activities related to
the International Space Station.

Science, Aeronautics and Exploration

(including transfer of funds)

For necessary expenses, not otherwise provided for, in the
conduct and support of science, aeronautics and exploration
research and development activities, including research,
development, operations, support and services; maintenance;
construction of facilities including repair, rehabilitation,
revitalization, and modification of facilities, construction
of new facilities and additions to existing facilities,
facility planning and design, and restoration, and
acquisition or condemnation of real property, as authorized
by law; environmental compliance and restoration; space
flight, spacecraft control and communications activities
including operations, production, and services; program
management; personnel and related costs, including uniforms
or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
travel expenses; purchase and hire of passenger motor
vehicles; not to exceed $35,000 for official reception and
representation expenses; and purchase, lease, charter,
maintenance and operation of mission and administrative
aircraft, $7,730,507,000, to remain available until September
30, 2005, of which amounts as determined by the Administrator
for salaries and benefits; training, travel and awards;
facility and related costs; information technology services;
science, engineering, fabricating and testing services; and
other administrative services may be transferred to ``Space
flight capabilities'' in accordance with section 312(b) of
the National Aeronautics and Space Act of 1958, as amended by
Public Law 106-377.

office of inspector general

For necessary expenses of the Office of Inspector General
in carrying out the Inspector General Act of 1978, as
amended, $26,300,000.

Administrative Provisions

Notwithstanding the limitation on the availability of funds
appropriated for ``Science, aeronautics and exploration'', or
``Space flight capabilities'' by this appropriations Act,
when any activity has been initiated by the incurrence of
obligations for construction of facilities as authorized by
law, such amount available for such activity shall remain
available until expended. This provision does not apply to
the amounts appropriated for institutional minor
revitalization and construction of facilities, and
institutional facility planning and design.
Notwithstanding the limitation on the availability of funds
appropriated for ``Science, aeronautics and exploration'', or
``Space flight capabilities'' by this appropriations Act, the
amounts appropriated for construction of facilities shall
remain available until September 30, 2006.
From amounts made available in this Act for these
activities, the Administration may transfer amounts between
aeronautics from the ``Science, aeronautics and exploration''
account to the ``Space flight capabilities'' account,
provided NASA meets all reprogramming requirements.
Funds for announced prizes otherwise authorized shall
remain available, without fiscal year limitation, until the
prize is claimed or the offer is withdrawn.
NASA shall maintain a working capital fund in the United
States Treasury and report to the Congress on the status of
this fund by January 31, 2004. Amounts in the fund are
available for financing activities, services, equipment,
information, and facilities as authorized by law to be
provided within the Administration; to other agencies or
instrumentalities of the United States; to any State,
Territory, or possession or political subdivision thereof; to
other public or private agencies; or to any person, firm,
association, corporation, or educational institution on a
reimbursable basis. The fund shall also be available for the
purpose of funding capital repairs, renovations,
rehabilitation, sustainment, demolition, or replacement of
NASA real property, on a reimbursable basis within the
Administration. Amounts in the fund are available without
regard to fiscal year limitation. The capital of the fund
consists of amounts appropriated to the fund; the reasonable
value of stocks of supplies, equipment, and other assets and
inventories on order that the Administrator transfers to the
fund, less the related liabilities and unpaid obligations;
and payments received for loss or damage to property of the
fund. The fund shall be reimbursed, in advance, for supplies
and services at rates that will approximate the expenses of
operation, such as the accrual of annual leave, depreciation
of plant, property and equipment, and overhead.
The unexpired balances of prior appropriations to NASA for
activities for which funds are provided under this Act may be
transferred to the new account established for the
appropriation that provides such activity under this Act.
Balances so transferred may be merged with funds in the newly
established account and thereafter may be accounted for as
one fund under the same terms and conditions.
Notwithstanding any other provision of law, no funds under
this Act or any other Act may be used to compensate any
person who contracts with NASA who has otherwise chosen to
retire early or has taken a buy-out.

National Credit Union Administration

central liquidity facility

During fiscal year 2004, gross obligations of the Central
Liquidity Facility for the principal amount of new direct
loans to member credit unions, as authorized by 12 U.S.C.
1795 et seq., shall not exceed $1,500,000,000: Provided, That
administrative expenses of the Central Liquidity Facility in
fiscal year 2004 shall not exceed $310,000.

community development revolving loan fund

For the Community Development Revolving Loan Fund program
as authorized by 42 U.S.C. 9812, 9822 and 9910, $1,500,000
shall be available: Provided, That of this amount $700,000,
together with amounts of principal and interest on loans
repaid, is available until expended for loans to community
development credit unions, and $800,000 is available until
September 30, 2005 for technical assistance to low-income and
community development credit unions.

National Science Foundation

Research and Related Activities

For necessary expenses in carrying out the National Science
Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), and
the Act to establish a National Medal of Science (42 U.S.C.
1880-1881); services as authorized by 5 U.S.C. 3109;
maintenance and operation of aircraft and purchase of flight
services for research support; acquisition of aircraft; and
authorized travel; $4,220,610,000, of which not to exceed
$341,730,000 shall remain available until expended for Polar
research and operations support, and for reimbursement to
other Federal agencies for operational and science support
and logistical and other related activities for the United
States Antarctic program; the balance to remain available
until September 30, 2005: Provided, That receipts for
scientific support services and materials furnished by the
National Research Centers and other National Science
Foundation supported research facilities may be credited to
this appropriation: Provided further, That to the extent that
the amount appropriated is less than the total amount
authorized to be appropriated for included program
activities, all amounts, including floors and ceilings,
specified in the authorizing Act for those program activities
or their subactivities shall be reduced proportionally:
Provided further, That $90,000,000 of the funds available
under this heading shall be made available for a
comprehensive research initiative on plant genomes for
economically significant crops.

major research equipment and facilities construction

For necessary expenses for the acquisition, construction,
commissioning, and upgrading of major research equipment,
facilities, and other such capital assets pursuant to the
National Science Foundation Act of 1950, as amended,
including authorized travel, $149,680,000, to remain
available until expended.

education and human resources

For necessary expenses in carrying out science and
engineering education and human resources programs and
activities pursuant to the National Science Foundation Act of
1950, as amended (42 U.S.C. 1861-1875), including services as
authorized by 5 U.S.C. 3109, authorized travel, and rental of
conference rooms in the District of Columbia, $975,870,000,
to remain available until September 30, 2005: Provided, That
to the extent that the amount of this appropriation is less
than the total amount authorized to be appropriated for
included program activities, all amounts, including floors
and ceilings, specified in the authorizing Act for those
program activities or their subactivities shall be reduced
proportionally.

salaries and expenses

For salaries and expenses necessary in carrying out the
National Science Foundation Act of 1950, as amended (42
U.S.C. 1861-1875); services authorized by 5 U.S.C. 3109; hire
of passenger motor vehicles; not to exceed $9,000 for
official reception and representation expenses; uniforms or
allowances therefor, as authorized by 5 U.S.C. 5901-5902;
rental of conference rooms in the District of Columbia; and
reimbursement of the General Services Administration for
security guard services; $225,700,000: Provided, That
contracts may be entered into under ``Salaries and expenses''
in fiscal year 2004 for maintenance and operation of
facilities, and for other services, to be provided during the
next fiscal year.

office of the NATIONAL SCIENCE BOARD

For necessary expenses (including payment of salaries,
authorized travel, hire of passenger motor vehicles, the
rental of conference rooms in the District of Columbia, and
the employment of experts and consultants under section 3109
of title 5, United States Code) involved in carrying out
section 4 of the National Science Foundation Act of 1950 (42
U.S.C. 1863) and Public Law 86-209 (42 U.S.C. 1880 et seq.),
$3,900,000: Provided, That not more than $9,000 shall be
available for official reception and representation expenses.

[[Page S14834]]

office of inspector general

For necessary expenses of the Office of Inspector General
as authorized by the Inspector General Act of 1978, as
amended, $10,000,000, to remain available until September 30,
2005.

Neighborhood Reinvestment Corporation

payment to the neighborhood reinvestment corporation

For payment to the Neighborhood Reinvestment Corporation
for use in neighborhood reinvestment activities, as
authorized by the Neighborhood Reinvestment Corporation Act
(42 U.S.C. 8101-8107), $115,000,000, of which $5,000,000
shall be for a multi-family rental housing program.

Administrative Provision

Section 605(a) of the Neighborhood Reinvestment Corporation
Act (42 U.S.C. 8104) is amended by--
(1) striking out ``compensation'' and inserting ``salary'';
and striking out ``highest rate provided for GS-18 of the
General Schedule under section 5332 of title 5 United States
Code''; and inserting ``rate for level IV of the Executive
Schedule''; and
(2) inserting after the end the following sentence: ``The
Corporation shall also apply the provisions of section
5307(a)(1), (b)(1) and (b)(2) of title 5, United States Code,
governing limitations on certain pay as if its employees were
Federal employees receiving payments under title 5.''.

Selective Service System

salaries and expenses

For necessary expenses of the Selective Service System,
including expenses of attendance at meetings and of training
for uniformed personnel assigned to the Selective Service
System, as authorized by 5 U.S.C. 4101-4118 for civilian
employees; purchase of uniforms, or allowances therefor, as
authorized by 5 U.S.C. 5901-5902; hire of passenger motor
vehicles; services as authorized by 5 U.S.C. 3109; and not to
exceed $750 for official reception and representation
expenses; $26,308,000: Provided, That during the current
fiscal year, the President may exempt this appropriation from
the provisions of 31 U.S.C. 1341, whenever the President
deems such action to be necessary in the interest of national
defense: Provided further, That none of the funds
appropriated by this Act may be expended for or in connection
with the induction of any person into the Armed Forces of the
United States: Provided further, That none of the funds
appropriated under this heading may be used in direct support
of the Corporation for National and Community Service.

TITLE IV--GENERAL PROVISIONS

Sec. 401. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 402. No funds appropriated by this Act may be
expended--
(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 describes 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 Office 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 transportation 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 recipients
that do not share in the cost of conducting research
resulting from proposals not specifically solicited by the
Government: Provided, That the extent of cost sharing by the
recipient shall reflect the mutuality of interest of the
grantee or contractor and the Government in the research.
Sec. 405. None of the funds provided in this Act may be
used, directly or through grants, to pay or to provide
reimbursement for payment of the salary of a consultant
(whether retained by the Federal Government or a grantee) at
more than the daily equivalent of the rate paid for level IV
of the Executive Schedule, unless specifically authorized by
law.
Sec. 406. None of the funds provided in this Act may be
used to pay the expenses of, or otherwise compensate, non-
Federal parties intervening in regulatory or adjudicatory
proceedings. Nothing herein affects the authority of the
Consumer Product Safety Commission pursuant to section 7 of
the Consumer Product Safety Act (15 U.S.C. 2056 et seq.).
Sec. 407. Except as otherwise provided under existing law,
or under an existing Executive order issued pursuant to an
existing law, the obligation or expenditure of any
appropriation under this Act for contracts for any consulting
service shall be limited to contracts which are: (1) a matter
of public record and available for public inspection; and (2)
thereafter included in a publicly available list of all
contracts entered into within 24 months prior to the date on
which the list is made available to the public and of all
contracts on which performance has not been completed by such
date. The list required by the preceding sentence shall be
updated quarterly and shall include a narrative description
of the work to be performed under each such contract.
Sec. 408. Except as otherwise provided by law, no part of
any appropriation contained in this Act shall be obligated or
expended by any executive agency, as referred to in the
Office of Federal Procurement Policy Act (41 U.S.C. 401 et
seq.), for a contract for services unless such executive
agency: (1) has awarded and entered into such contract in
full compliance with such Act and the regulations promulgated
thereunder; and (2) requires any report prepared pursuant to
such contract, including plans, evaluations, studies,
analyses and manuals, and any report prepared by the agency
which is substantially derived from or substantially includes
any report prepared pursuant to such contract, to contain
information concerning: (A) the contract pursuant to which
the report was prepared; and (B) the contractor who prepared
the report pursuant to such contract.
Sec. 409. (a) It is the sense of the Congress that, to the
greatest extent practicable, all equipment and products
purchased with funds made available in this Act should be
American-made.
(b) In providing financial assistance to, or entering into
any contract with, any entity using funds made available in
this Act, the head of each Federal agency, to the greatest
extent practicable, shall provide to such entity a notice
describing the statement made in subsection (a) by the
Congress.
Sec. 410. None of the funds appropriated in this Act may be
used to implement any cap on reimbursements to grantees for
indirect costs, except as published in Office of Management
and Budget Circular A-21.
Sec. 411. Such sums as may be necessary for fiscal year
2004 pay raises for programs funded by this Act shall be
absorbed within the levels appropriated in this Act.
Sec. 412. None of the funds made available in this Act may
be used for any program, project, or activity, when it is
made known to the Federal entity or official to which the
funds are made available that the program, project, or
activity is not in compliance with any Federal law relating
to risk assessment, the protection of private property
rights, or unfunded mandates.
Sec. 413. Except in the case of entities that are funded
solely with Federal funds or any natural persons that are
funded under this Act, none of the funds in this Act shall be
used for the planning or execution of any program to pay the
expenses of, or otherwise compensate, non-Federal parties to
lobby or litigate in respect to adjudicatory proceedings
funded in this Act. A chief executive officer of any entity
receiving funds under this Act shall certify that none of
these funds have been used to engage in the lobbying of the
Federal Government or in litigation against the United States
unless authorized under existing law.
Sec. 414. No part of any funds appropriated in this Act
shall be used by an agency of the executive branch, other
than for normal and recognized executive-legislative
relationships, for publicity or propaganda purposes, and for
the preparation, distribution or use of any kit, pamphlet,
booklet, publication, radio, television or film presentation
designed to support or defeat legislation pending before the
Congress, except in presentation to the Congress itself.
Sec. 415. All Departments and agencies funded under this
Act are encouraged, within the limits of the existing
statutory authorities and funding, to expand their use of
``E-Commerce'' technologies and procedures in the conduct of
their business practices and public service activities.
Sec. 416. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government that is established after the
date of the enactment of this Act, except pursuant to a
transfer made by, or transfer authority provided in, this Act
or any other appropriation Act.
Sec. 417. None of the funds provided in this Act to any
department or agency shall be obligated or expended to
procure passenger automobiles as defined in 15 U.S.C. 2001
with an EPA estimated miles per gallon average of less than
22 miles per gallon.
This Act may be cited as the ``Departments of Veterans
Affairs and Housing and Urban Development, and Independent
Agencies Appropriations Act, 2004''.
______

SA 2151. Ms. LANDRIEU submitted an amendment intended to be proposed
to amendment SA 2150 proposed by Mr. Bond (for himself and Ms.
Mikulski) to the bill H.R. 2861, making appropriations for the
Departments of Veterans Affairs and Housing and Urban Development, and
for sundry independent agencies, boards, commissions, corporations, and
offices for the fiscal year ending September 30, 2004, and for other
purposes; as follows:

On page 125, between lines 7 and 8, insert the following:
Sec. 418. Section 106(d) of the Housing and Community
Development Act of 1974 (42 U.S.C. 5306(d)) is amended--
(1) in paragraph (3)(A), by striking ``shall not exceed 2
percent'' and inserting ``shall

[[Page S14835]]

not, subject to paragraph (6), exceed 3 percent'';
(2) in paragraph (5), by striking ``not to exceed 1
percent'' and inserting ``subject to paragraph (6), not to
exceed 3 percent'';
(3) by redesignating the second paragraph (5) and paragraph
(6) as paragraphs (7) and (8), respectively; and
(4) by inserting after paragraph (5) the following:
``(6) Of the amounts received under paragraph (1), the
State may deduct not more than an aggregate total of 3
percent of such amounts for--
``(A) administrative expenses under paragraph (3)(A); and
``(B) technical assistance under paragraph (5).''.
______

SA 2152. Mrs. CLINTON (for herself, Mr. Enzi, Ms. Cantwell, Mr.
Grassley, Mrs. Murray, Mr. Smith, Mr. Schumer, Mr. Wyden, Mr. Harkin,
Ms. Stabenow, Mr. Kerry, Mr. Dodd, Mr. Lieberman, Mr. Levin, and Mr.
Daschle) submitted an amendment intended to be proposed to amendment SA
2150 proposed by Mr. Bond (for himself and Ms. Mikulski) to the bill
H.R. 2861, making appropriations for the Departments of Veterans
Affairs and Housing and Urban Development, and for sundry independent
agencies, boards, commissions, corporations, and offices for the fiscal
year ending September 30, 2004, and for other purposes; as follows:

At the end of title I, add the following:
Sec. 116. (a) Limitation on Use of Funds for CARES
Initiative.--No funds appropriated or otherwise made
available for the Department of Veterans Affairs for a fiscal
year before fiscal year 2005 may be obligated or expended to
take any actions proposed under the Capital Asset Realignment
for Enhanced Services (CARES) initiative that would result in
the closure of a Department of Veterans Affairs health care
facility, or reduction in services at such a facility, until
the Secretary of Veterans Affairs--
(1) modifies the Capital Asset Realignment for Enhanced
Services initiative national planning procedures to require
that no changes be made in long-term care, domiciliary care,
or mental health services without a completed and separate
Capital Asset Realignment for Enhanced Services planning
process intended to assess the future demand for such
services;
(2) modifies the Capital Asset Realignment for Enhanced
Services initiative national planning process to take into
account the impact that any transfer of health care services
under the initiative will have on the access of veterans to
primary outpatient care, inpatient hospital care, and
tertiary hospital care in rural and frontier population
areas, as defined by the Census Bureau, taking into
consideration such travel matters as road conditions, numbers
of lanes on roads, and seasonal changes in and other factors
relating to the weather;
(3) modifies the Capital Asset Realignment for Enhanced
Services initiative national planning process to permit
veterans to testify at hearings of the Capital Asset
Realignment for Enhanced Services Commission and reconvenes
the Commission for further hearings on the initiative in
regions where the Commission has held hearings without
permitting veterans to testify;
(4) modifies the Capital Asset Realignment for Enhanced
Services initiative national planning process to hold at
least one hearing regarding the realignment of services under
the initiative within 30 miles of each Department of Veterans
Affairs facility that would experience a realignment of
services under the national plan for the initiative; and
(5) submits to Congress a report on the Capital Asset
Realignment for Enhanced Services initiative national
planning process that sets forth the results of the
modifications under paragraphs (1), (2), (3), and (4).
(b) Availability of CARES Initiative Funds for Enhanced
Services.--Notwithstanding any other provision of law,
neither subsection (a) nor any other provision of law shall
be construed to limit the obligation or expenditure of funds
under the Capital Asset Realignment for Enhanced Services
initiative for the provision of enhanced services as long as
the provision of such services does not involve the closure
of a Department health care facility or a reduction in
services as such a facility.
______

SA 2153. Mr. GRAHAM of Florida (for himself and Mr. Nelson of
Florida) submitted an amendment intended to be proposed to amendment SA
2150 proposed by Mr. Bond (for himself and Ms. Mikulski) to the bill
H.R. 2861, making appropriations for the Departments of Veterans
Affairs and Housing and Urban Development, and for sundry independent
agencies, boards, commissions, corporations, and offices for the fiscal
year ending September 30, 2004, and for other purposes; which was
ordered to lie on the table; as follows:

At the end of title I, add the following:
Sec. 116. Of the amount appropriated or otherwise made
available by this title under the heading ``construction,
major projects'', $300,000 shall be available for advance
planning for national cemeteries in the areas as follows:
(1) The Jacksonville, Florida, area.
(2) The Sarasota, Florida, area.
______

SA 2154. Mr. JEFFORDS submitted an amendment intended to be proposed
to amendment SA 2150 proposed by Mr. Bond (for himself and Ms.
Mikulski) to the bill H.R. 2861, making appropriations for the
Departments of Veterans Affairs and Housing and Urban Development, and
for sundry independent agencies, boards, commissions, corporations, and
offices for the fiscal year ending September 30, 2004, and for other
purposes; which was ordered to lie on the table; as follows:

At the appropriate place, add the following:

SEC. __. NATIONAL ACADEMY OF SCIENCES STUDY.

The matter under the heading ``ADMINISTRATIVE PROVISIONS''
under the heading ``ENVIRONMENTAL PROTECTION AGENCY'' in
title III of division K of section 2 of the Consolidated
Appropriations Resolution, 2003 (117 Stat. 513), is amended--
(1) in the first sentence of the fifth undesignated
paragraph (beginning ``As soon as''), by inserting before the
period at the end the following: ``, and the impact of the
final rule entitled `Prevention of Significant Deterioration
(PSD) and Nonattainment New Source Review (NSR): Equipment
Replacement Provision of the Routine Maintenance, Repair and
Replacement Exclusion', amending parts 51 and 52 of title 40,
Code of Federal Regulations, and published in electronic
docket OAR-2002-0068 on August 27, 2003''; and
(2) in the sixth undesignated paragraph (beginning ``The
National Academy of Sciences''), by striking ``March 3,
2004'' and inserting ``September 1, 2004''.
______

SA 2155. Mr. DAYTON submitted an amendment intended to be proposed to
amendment SA 2150 proposed by Mr. Bond (for himself and Ms. Mikulski)
to the bill H.R. 2861, making appropriations for the Departments of
Veterans Affairs and Housing and Urban Development, and for sundry
independent agencies, boards, commissions, corporations, and offices
for the fiscal year ending September 30, 2004, and for other purposes;
which was ordered to lie on the table; as follows:

On page 125, between lines 7 and 8, insert the following:
Sec. 418. There are appropriated $1,100,000 to the
Secretary of Housing and Urban Development for the purposes
of making the grant authorized under section 3 of the Paul
and Sheila Wellstone Center for Community Building Act.
______

SA 2156. Mr. CRAIG (for Mr. Bond (for himself, Mr. McConnell, Mr.
Talent, Mr. Chambliss, Mr. Miller, and Mr. Craig)) proposed an
amendment to amendment SA 2150 proposed by Mr. Bond (for himself and
Ms. Mikulski) to the bill H.R. 2861, making appropriations for the
Departments of Veterans Affairs and Housing and Urban Development, and
for sundry independent agencies, boards, commissions, corporations, and
offices for the fiscal year ending September 30, 2004, and for the
purposes; as follows:

Page 106, strike lines 16 to 20 and insert in lieu thereof
the following:
Section 209(e)(1) of the Clean Air Act (42 U.S.C.
7543(e)(1)) is amended by--
(a) striking the words ``either of''; and
(b) in paragraph (A), adding before the period at the end
the following: ``, and any new spark-ignition engines smaller
than 50 horsepower''.
Not later than December 1, 2004, the Administrator of the
Environmental Protection Agency shall propose regulations
containing new standards applicable to emissions from new
nonroad spark-ignition engines smaller than 50 horsepower.
______

SA 2157. Mr. SANTORUM submitted an amendment intended to be proposed
to amendment SA 2150 proposed by Mr. Bond (for himself and Ms.
Mikulski) to the bill H.R. 2861, making appropriations for the
Departments of Veterans Affairs and Housing and Urban Development, and
for sundry independent agencies, boards, commissions, corporations, and
offices for the fiscal year ending September 30, 2004, and for other
purposes; which was ordered to lie on the table; as follows:

On page 89, line 14, strike ``$452,575,000'' and insert
``$545,575,000''.

[[Page S14836]]

On page 89, line 16, strike ``$330,000,000'' and insert
``$423,000,000''.

On page 92, line 22, strike the period and insert ``:
Provided further, That each amount under each heading (other
than this heading) in this Act shall be reduced on a pro rata
basis by $93,000,000.''.
______

SA 2158. Mr. CRAIG (for himself, Mr. Harkin, Mr. Cochran, Mr. Conrad,
Mr. Chambliss, Mr. Coleman, Mr. Crapo, Mr. Lugar, Mr. Breaux, Mr.
Roberts, Mr. Fitzgerald, and Mr. Pryor) proposed an amendment to
amendment SA 2150 proposed by Mr. Bond (for himself and Ms. Mikulski)
to the bill H.R. 2861, making appropriations for the Departments of
Veterans Affairs and Housing and Urban Development, and for sundry
independent agencies, boards, commissions, corporations, and offices
for the fiscal year ending September 30, 2004, and for other purposes;
as follows:

Beginning on page 105, strike line 3 and all that follows
through page 105, line 25, and insert the following:

SEC. __. PESTICIDE REGISTRATION.

(a) Short Title.--This section may be cited as the
``Pesticide Registration Improvement Act of 2003''.
(b) Registration Requirements for Antimicrobial
Pesticides.--Section 3(h) of the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136a(h)) is
amended--
(1) in paragraph (2)(F), by striking ``90 to 180 days'' and
inserting ``120 days''; and
(2) in paragraph (3)--
(A) in subparagraph (D)(vi), by striking ``240 days'' and
inserting ``120 days''; and
(B) in subparagraph (F), by adding at the end the
following:
``(iv) Limitation.--Notwithstanding clause (ii), the
failure of the Administrator to notify an applicant for an
amendment to a registration for an antimicrobial pesticide
shall not be judicially reviewable in a Federal or State
court if the amendment requires scientific review of data
within--

``(I) the time period specified in subparagraph (D)(vi), in
the absence of a final regulation under subparagraph (B); or
``(II) the time period specified in paragraph (2)(F), if
adopted in a final regulation under subparagraph (B).''.

(c) Maintenance Fees.--
(1) Amounts for registrants.--Section 4(i)(5) of the
Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C.
136a-1(i)(5)) is amended--
(A) in subparagraph (A)--
(i) by striking ``(A) Subject'' and inserting the
following:
``(A) In general.--Subject''; and
(ii) by striking ``of--'' and all that follows through
``additional registration'' and inserting ``for each
registration'';
(B) in subparagraph (D)--
(i) by striking ``(D) The'' and inserting the following:
``(D) Maximum amount of fees for registrants.--The'';
(ii) in clause (i), by striking ``shall be $55,000; and''
and inserting ``shall be--
``(I) for fiscal year 2004, $84,000;
``(II) for each of fiscal years 2005 and 2006, $87,000;
``(III) for fiscal year 2007, $68,000; and
``(IV) for fiscal year 2008, $55,000; and''; and
(iii) in clause (ii), by striking ``shall be $95,000.'' and
inserting ``shall be--
``(I) for fiscal year 2004, $145,000;
``(II) for each of fiscal years 2005 and 2006, $151,000;
``(III) for fiscal year 2007, $117,000; and
``(IV) for fiscal year 2008, $95,000.''; and
(C) in subparagraph (E)--
(i) by striking ``(E)(i) For'' and inserting the following:
``(E) Maximum amount of fees for small businesses.--
``(i) In general.--For'';
(ii) by indenting the margins of subclauses (I) and (II) of
clause (i) appropriately; and
(iii) in clause (i)--

(I) subclause (I), by striking ``shall be $38,500; and''
and inserting ``shall be--

``(aa) for fiscal year 2004, $59,000;
``(bb) for each of fiscal years 2005 and 2006, $61,000;
``(cc) for fiscal year 2007, $48,000; and
``(dd) for fiscal year 2008, $38,500; and''; and

(II) in subclause (II), by striking ``shall be $66,500.''
and inserting ``shall be--

``(aa) for fiscal year 2004, $102,000;
``(bb) for each of fiscal years 2005 and 2006, $106,000;
``(cc) for fiscal year 2007, $82,000; and
``(dd) for fiscal year 2008, $66,500.''.
(2) Total amount of fees.--Section 4(i)(5)(C) of the
Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C.
136(a)-1(i)(5)(C)) is amended--
(A) by striking ``(C)(i) The'' and inserting the following:
``(C) Total amount of fees.--The''; and
(B) by striking ``aggregate amount'' and all that follows
through clause (ii) and inserting ``aggregate amount of--
``(i) for fiscal year 2004, $26,000,000;
``(ii) for fiscal year 2005, $27,000,000;
``(iii) for fiscal year 2006, $27,000,000;
``(iv) for fiscal year 2007, $21,000,000; and
``(v) for fiscal year 2008, $15,000,000.''.
(3) Definition of small business.--Section 4(i)(5)(E)(ii)
of the Federal Insecticide, Fungicide, and Rodenticide
Act (7 U.S.C. 136a-1(i)(5)(E)(ii)) is amended--
(A) by redesignating subclauses (I) and (II) as items (aa)
and (bb), respectively, and indenting the margins
appropriately;
(B) by striking ``(ii) For purposes of'' and inserting the
following:
``(ii) Definition of small business.--

``(I) In general.--In'';

(C) in item (aa) (as so redesignated), by striking ``150''
and inserting ``500'';
(D) in item (bb) (as so redesignated), by striking ``gross
revenue from chemicals that did not exceed $40,000,000.'' and
inserting ``global gross revenue from pesticides that did not
exceed $60,000,000.''; and
(E) by adding at the end the following:

``(II) Affiliates.--

``(aa) In general.--In the case of a business entity with 1
or more affiliates, the gross revenue limit under subclause
(I)(bb) shall apply to the gross revenue for the entity and
all of the affiliates of the entity, including parents and
subsidiaries, if applicable.
``(bb) Affiliated persons.--For the purpose of item (aa),
persons are affiliates of each other if, directly or
indirectly, either person controls or has the power to
control the other person, or a third person controls or has
the power to control both persons.
``(cc) Indicia of control.--For the purpose of item (aa),
indicia of control include interlocking management or
ownership, identity of interests among family members, shared
facilities and equipment, and common use of employees.''.
(4) Extension of authority for collecting maintenance
fees.--Section 4(i)(5)(H) of the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136a-1(i)(5)(H)) is
amended by striking ``2003'' and inserting ``2008''.
(5) Reregistration and other activities.--Section 4(g)(2)
of the Federal Insecticide, Fungicide and Rodenticide Act (7
U.S.C. 136a-1(g)(2)) is amended--
(A) by striking subparagraph (A) and inserting the
following:
``(A) In general.--The Administrator shall make a
determination as to eligibility for reregistration--
``(i) for all active ingredients subject to reregistration
under this section for which tolerances or exemptions from
tolerances are required under the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 301 et seq.), not later than the last
date for tolerance reassessment established under section
408(q)(1)(C) of that Act (21 U.S.C. 346a(q)(1)(C)); and
``(ii) for all other active ingredients subject to
reregistration under this section, not later than October 3,
2008.'';
(B) in subparagraph (B)--
(i) by striking ``(B) Before'' and inserting the following:
``(B) Product-specific data.--
``(i) In general.--Before'';
(ii) by striking ``The Administrator'' and inserting the
following:
``(ii) Timing.--

``(I) In general.--Subject to subclause (II), the
Administrator''; and

(iii) by adding at the end the following:

``(II) Extraordinary circumstances.--In the case of
extraordinary circumstances, the Administrator may provide
such a longer period, of not more than 2 additional years,
for submission of data to the Administrator under this
subparagraph.''; and

(C) in subparagraph (D)--
(i) by striking ``(D) If'' and inserting the following:
``(D) Determination to not reregister.--
``(i) In general.--If''; and
(ii) by adding at the end the following:
``(ii) Timing for regulatory action.--Regulatory action
under clause (i) shall be completed as expeditiously as
possible.''.
(d) Other Fees.--
(1) In general.--Section 4(i)(6) of the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a-
1(i)(6)) is amended--
(A) by striking ``During'' and inserting ``Except as
provided in section 33, during''; and
(B) by striking ``2003'' and inserting ``2010''.
(2) Tolerance fees.--Notwithstanding section 408(m)(1) of
the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
346a(m)(1)), during the period beginning on October 1, 2003,
and ending on September 30, 2008, the Administrator of the
Environmental Protection Agency shall not collect any
tolerance fees under that section.
(e) Expedited Processing of Similar Applications.--Section
4(k)(3) of the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136a-1(k)(3)) is amended--
(1) in the paragraph heading, by striking ``Expedited'' and
inserting ``Review of inert ingredients; expedited''; and
(2) in subparagraph (A)--
(A) by striking ``1997'' and all that follows through ``of
the maintenance fees'' and inserting ``2004 through 2006,
approximately $3,300,000, and for each of fiscal years 2007
and 2008, between \1/8\ and \1/7\, of the maintenance fees'';
(B) by redesignating clauses (i), (ii), and (iii) as
subclauses (I), (II) and (III), respectively, and indenting
appropriately; and
(C) by striking ``resources to assure the expedited
processing and review of any application that'' and inserting
``resources--
``(i) to review and evaluate new inert ingredients; and
``(ii) to ensure the expedited processing and review of any
application
that--''.
(f) Pesticide Registration Service Fees.--The Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a et
seq.) is amended--

[[Page S14837]]

(1) by redesignating sections 33 and 34 (7 U.S.C. 136x,
136y) as sections 34 and 35, respectively; and
(2) by inserting after section 32 (7 U.S.C. 136w-7) the
following:

``SEC. 33. PESTICIDE REGISTRATION SERVICE FEES.

``(a) Definition of Costs.--In this section, the term
`costs', when used with respect to review and decisionmaking
pertaining to an application for which registration service
fees are paid under this section, means--
``(1) costs to the extent that--
``(A) officers and employees provide direct support for the
review and decisionmaking for covered pesticide applications,
associated tolerances, and corresponding risk and benefits
information and analyses;
``(B) persons and organizations under contract with the
Administrator engage in the review of the applications, and
corresponding risk and benefits information and assessments;
and
``(C) advisory committees and other accredited persons or
organizations, on the request of the Administrator, engage in
the peer review of risk or benefits information associated
with covered pesticide applications;
``(2) costs of management of information, and the
acquisition, maintenance, and repair of computer and
telecommunication resources (including software), used to
support review of pesticide applications, associated
tolerances, and corresponding risk and benefits information
and analyses; and
``(3) costs of collecting registration service fees under
subsections (b) and (c) and reporting, auditing, and
accounting under this section.
``(b) Fees.--
``(1) In general.--Effective beginning on the effective
date of the Pesticide Registration Improvement Act of 2003,
the Administrator shall assess and collect covered pesticide
registration service fees in accordance with this section.
``(2) Covered pesticide registration applications.--
``(A) In general.--An application for the registration of a
pesticide covered by this Act that is received by the
Administrator on or after the effective date of the Pesticide
Registration Improvement Act of 2003 shall be subject to a
registration service fee under this section.
``(B) Existing applications.--
``(i) In general.--Subject to clause (ii), an application
for the registration of a pesticide that was submitted to the
Administrator before the effective date of the Pesticide
Registration Improvement Act of 2003 and is pending on that
effective date shall be subject to a service fee under this
section if the application is for the registration of a new
active ingredient that is not listed in the Registration
Division 2003 Work Plan of the Office of Pesticide Programs
of the Environmental Protection Agency.
``(ii) Tolerance or exemption fees.--The amount of any fee
otherwise payable for an application described in clause (i)
under this section shall be reduced by the amount of any fees
paid to support the related petition for a pesticide
tolerance or exemption under the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 301 et seq.).
``(C) Documentation.--An application subject to a
registration service fee under this section shall be
submitted with documentation certifying--
``(i) payment of the registration service fee; or
``(ii) a request for a waiver from or reduction of the
registration service fee.
``(3) Schedule of covered applications and registration
service fees.--
``(A) In general.--Not later than 30 days after the
effective date of the Pesticide Registration Improvement Act
of 2003, the Administrator shall publish in the Federal
Register a schedule of covered pesticide registration
applications and corresponding registration service fees.
``(B) Report.--Subject to paragraph (6), the schedule shall
be the same as the applicable schedule appearing in the
Congressional Record on pages S11631 through S11633, dated
September 17, 2003.
``(4) Pending pesticide registration applications.--
``(A) In general.--An applicant that submitted a
registration application to the Administrator before the
effective date of the Pesticide Registration Improvement Act
of 2003, but that is not required to pay a registration
service fee under paragraph (2)(B), may, on a voluntary
basis, pay a registration service fee in accordance with
paragraph (2)(B).
``(B) Voluntary fee.--The Administrator may not compel
payment of a registration service fee for an application
described in subparagraph (A).
``(C) Documentation.--An application for which a voluntary
registration service fee is paid under this paragraph shall
be submitted with documentation certifying--
``(i) payment of the registration service fee; or
``(ii) a request for a waiver from or reduction of the
registration service fee.
``(5) Resubmission of pesticide registration
applications.--If a pesticide registration application is
submitted by a person that paid the fee for the application
under paragraph (2), is determined by the Administrator to be
complete, and is not approved or is withdrawn (without a
waiver or refund), the submission of the same pesticide
registration application by the same person (or a licensee,
assignee, or successor of the person) shall not be subject to
a fee under paragraph (2).
``(6) Fee adjustment.--Effective for a covered pesticide
registration application received on or after October 1,
2005, the Administrator shall--
``(A) increase by 5 percent the service fee payable for the
application under paragraph (3); and
``(B) publish in the Federal Register the revised
registration service fee schedule.
``(7) Waivers and reductions.--
``(A) In general.--An applicant for a covered pesticide
registration may request the Administrator to waive or reduce
the amount of a registration service fee payable under this
section under the circumstances described in subparagraphs
(D) through (G).
``(B) Documentation.--
``(i) In general.--A request for a waiver from or reduction
of the registration service fee shall be accompanied by
appropriate documentation demonstrating the basis for the
waiver or reduction.
``(ii) Certification.--The applicant shall provide to the
Administrator a written certification, signed by a
responsible officer, that the documentation submitted to
support the waiver or reduction request is accurate.
``(iii) Inaccurate documentation.--An application shall be
subject to the applicable registration service fee payable
under paragraph (3) if, at any time, the Administrator
determines that--

``(I) the documentation supporting the waiver or reduction
request is not accurate; or
``(II) based on the documentation or any other information,
the waiver or reduction should not have been granted or
should not be granted.

``(C) Determination to grant or deny request.--As soon as
practicable, but not later than 60 days, after the date on
which the Administrator receives a request for a waiver or
reduction of a registration service fee under this paragraph,
the Administrator shall--
``(i) determine whether to grant or deny the request; and
``(ii) notify the applicant of the determination.
``(D) Minor uses.--
``(i) In general.--The Administrator may waive or reduce a
registration service fee for an application for minor uses
for a pesticide.
``(ii) Supporting documentation.--An applicant requesting a
waiver under this subparagraph shall provide supporting
documentation that demonstrates, to the satisfaction of the
Administrator, that anticipated revenues from the uses that
are the subject of the application would be insufficient to
justify imposition of the full application fee.
``(E) IR-4 waiver.--The Administrator shall waive the
registration service fee for an application if the
Administrator determines that--
``(i) the application is solely associated with a tolerance
petition submitted in connection with the Inter-Regional
Project Number 4 (IR-4) as described in section 2 of Public
Law 89-106 (7 U.S.C. 450i(e)); and
``(ii) the waiver is in the public interest.
``(F) Small businesses.--
``(i) In general.--The Administrator shall waive 50 percent
of the registration service fees payable by an entity for a
covered pesticide registration application under this section
if the entity is a small business (as defined in section
4(i)(5)(E)(ii)) at the time of application.
``(ii) Waiver of fees.--The Administrator shall waive all
of the registration service fees payable by an entity under
this section if the entity--

``(I) is a small business (as defined in section
4(i)(5)(E)(ii)) at the time of application; and
``(II) has average annual global gross revenues described
in section 4(i)(5)(E)(ii)(I)(bb) that does not exceed
$10,000,000, at the time of application.

``(iii) Formation for waiver.--The Administrator shall not
grant a waiver under this subparagraph if the Administrator
determines that the entity submitting the application has
been formed or manipulated primarily for the purpose of
qualifying for the waiver.
``(iv) Documentation.--An entity requesting a waiver under
this subparagraph shall provide to the Administrator--

``(I) documentation demonstrating that the entity is a
small business (as defined in section 4(i)(5)(E)(ii)) at the
time of application; and
``(II) if the entity is requesting a waiver of all
registration service fees payable under this section,
documentation demonstrating that the entity has an average
annual global gross revenues described in section
4(i)(5)(E)(ii)(I)(bb) that does not exceed $10,000,000, at
the time of application.

``(G) Federal and state agency exemptions.--An agency of
the Federal Government or a State government shall be exempt
from covered registration service fees under this section.
``(8) Refunds.--
``(A) Early withdrawals.--If, during the first 60 days
after the beginning of the applicable decision time review
period under subsection (f)(3), a covered pesticide
registration application is withdrawn by the applicant, the
Administrator shall refund all but 10 percent of the total
registration service fee payable under paragraph (3) for the
application.

[[Page S14838]]

``(B) Withdrawals after the first 60 days of decision
review time period.--
``(i) In general.--If a covered pesticide registration
application is withdrawn after the first 60 days of the
applicable decision time review period, the Administrator
shall determine what portion, if any, of the total
registration service fee payable under paragraph (3) for the
application may be refunded based on the proportion of the
work completed at the time of withdrawal.
``(ii) Timing.--The Administrator shall--

``(I) make the determination described in clause (i) not
later than 90 days after the date the application is
withdrawn; and
``(II) provide any refund as soon as practicable after the
determination.

``(C) Discretionary refunds.--
``(i) In general.--In the case of a pesticide registration
application that has been filed with the Administrator and
has not been withdrawn by the applicant, but for which the
Administrator has not yet made a final determination, the
Administrator may refund a portion of a covered registration
service fee if the Administrator determines that the refund
is justified.
``(ii) Basis.--The Administrator may provide a refund for
an application under this subparagraph--

``(I) on the basis that, in reviewing the application, the
Administrator has considered data submitted in support of
another pesticide registration application; or
``(II) on the basis that the Administrator completed
portions of the review of the application before the
effective date of this section.

``(D) Credited fees.--In determining whether to grant a
refund under this paragraph, the Administrator shall take
into account any portion of the registration service fees
credited under paragraph (2) or (4).
``(c) Pesticide Registration Fund.--
``(1) Establishment.--There is established in the Treasury
of the United States a Pesticide Registration Fund to be used
in carrying out this section (referred to in this section as
the `Fund'), consisting of--
``(A) such amounts as are deposited in the Fund under
paragraph (2);
``(B) any interest earned on investment of amounts in the
Fund under paragraph (4); and
``(C) any proceeds from the sale or redemption of
investments held in the Fund.
``(2) Deposits in fund.--Subject to paragraph (4), the
Administrator shall deposit fees collected under this section
in the Fund.
``(3) Expenditures from fund.--
``(A) In general.--Subject to subparagraphs (B) and (C) and
paragraph (4), the Administrator may make expenditures from
the Fund--
``(i) to cover the costs associated with the review and
decisionmaking pertaining to all applications for which
registration service fees have been paid under this section;
and
``(ii) to otherwise carry out this section.
``(B) Worker protection.--For each of fiscal years 2004
through 2008, the Administrator shall use approximately \1/
17\ of the amount in the Fund (but not more than $1,000,000,
and not less than $750,000, for any fiscal year) to enhance
current scientific and regulatory activities related to
worker protection.
``(C) New inert ingredients.--For each of fiscal years 2004
and 2005, the Administrator shall use approximately \1/34\ of
the amount in the Fund (but not to exceed $500,000 for any
fiscal year) for the review and evaluation of new inert
ingredients.
``(4) Collections and appropriations acts.--The fees
authorized by this section and amounts deposited in the
Fund--
``(A) shall be collected and made available for obligation
only to the extent provided in advance in appropriations
Acts; and
``(B) shall be available without fiscal year limitation.
``(5) Unused funds.--Amounts in the Fund not currently
needed to carry out this section shall be--
``(A) maintained readily available or on deposit;
``(B) invested in obligations of the United States or
guaranteed by the United States; or
``(C) invested in obligations, participations, or other
instruments that are lawful investments for fiduciary, trust,
or public funds.
``(d) Assessment of Fees.--
``(1) Definition of covered functions.--In this subsection,
the term `covered functions' means functions of the Office of
Pesticide Programs of the Environmental Protection Agency, as
identified in key programs and projects of the final
operating plan for the Environmental Protection Agency
submitted as part of the budget process for fiscal year 2002,
regardless of any subsequent transfer of 1 or more of the
functions to another office or agency or the subsequent
transfer of a new function to the Office of Pesticide
Programs.
``(2) Minimum amount of appropriations.--Registration
service fees may not be assessed for a fiscal year under this
section unless the amount of appropriations for salaries,
contracts, and expenses for the functions (as in existence in
fiscal year 2002) of the Office of Pesticide Programs of the
Environmental Protection Agency for the fiscal year
(excluding the amount of any fees appropriated for the fiscal
year) are equal to or greater than the amount of
appropriations for covered functions for fiscal year 2002
(excluding the amount of any fees appropriated for the fiscal
year).
``(3) Use of fees.--Registration service fees authorized by
this section shall be available, in the aggregate, only to
defray increases in the costs associated with the review and
decisionmaking for the review of pesticide registration
applications and associated tolerances (including increases
in the number of full-time equivalent positions in the
Environmental Protection Agency engaged in those activities)
over the costs for fiscal year 2002, excluding costs paid
from fees appropriated for the fiscal year.
``(4) Compliance.--The requirements of paragraph (2) shall
have been considered to have been met for any fiscal year if
the amount of appropriations for salaries, contracts, and
expenses for the functions (as in existence in fiscal year
2002) of the Office of Pesticide Programs of the
Environmental Protection Agency for the fiscal year
(excluding the amount of any fees appropriated for the fiscal
year) is not more than 3 percent below the amount of
appropriations for covered functions for fiscal year 2002
(excluding the amount of any fees appropriated for the fiscal
year).
``(5) Subsequent authority.--If the Administrator does not
assess registration service fees under subsection (b) during
any portion of a fiscal year as the result of paragraph (2)
and is subsequently permitted to assess the fees under
subsection (b) during the fiscal year, the Administrator
shall assess and collect the fees, without any modification
in rate, at any time during the fiscal year, notwithstanding
any provisions 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 registration
process under this Act with the goal of reducing decision
review periods in effect on the effective date of the
Pesticide Registration Improvement Act of 2003 for pesticide
registration actions for covered pesticide registration
applications (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 Improvement Act
of 2003, the Administrator shall publish in the Federal
Register a schedule of decision review 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 Congressional Record on
pages S11631 through S11633, dated September 17, 2003.
``(3) Applications subject to decision time review
periods.--The decision time review periods specified in
paragraph (1) shall apply to--
``(A) covered pesticide registration applications subject
to registration service fees under subsection (b)(2);
``(B) covered pesticide registration applications for which
an applicant has voluntarily paid registration service fees
under subsection (b)(4); and
``(C) covered pesticide registration applications listed in
the Registration Division 2003 Work Plan of the Office of
Pesticide Programs of the Environmental Protection Agency.
``(4) Start of decision time review period.--
``(A) In general.--Except as provided in subparagraphs (C),
(D), and (E), in the case of a pesticide registration
application accompanied by the registration service fee
required under this section, the decision time review period
begins 21 days after the date on which the Administrator
receives the covered pesticide registration application.
``(B) Completeness of application.--In conducting an
initial screening of an application, the Administrator shall
determine--
``(i) whether--

``(I) the applicable registration service fee has been
paid; or
``(II) the application contains a waiver or refund request;
and

``(ii) whether the application--

``(I) contains all necessary forms, data, draft labeling,
and, documentation certifying payment of any registration
service fee required under this section; or
``(II) establishes a basis for any requested waiver or
reduction.

``(C) Applications with waiver or reduction requests.--
``(i) In general.--In the case of an application submitted
with a request for a waiver or reduction of registration
service fees under subsection (b)(7), the decision time
review period shall be determined in accordance with this
subparagraph.
``(ii) Request granted with no additional fees required.--
If the Administrator grants the waiver or reduction request
and no additional fee is required, the decision time review
period begins on the earlier of--

``(I) the date on which the Administrator grants the
request; or
``(II) the date that is 60 days after the date of receipt
of the application.

``(iii) Request granted with additional fees required.--If
the Administrator grants the waiver or reduction request, in
whole or in part, but an additional registration service fee
is required, the decision time review

[[Page S14839]]

period begins on the date on which the Administrator receives
certification of payment of the applicable registration
service fee.
``(iv) Request denied.--If the Administrator denies the
waiver or reduction request, the decision time review period
begins on the date on which the Administrator receives
certification of payment of the applicable registration
service fee.
``(D) Pending applications.--
``(i) In general.--The start of the decision time review
period for applications described in clause (ii) shall be the
date on which the Administrator receives certification of
payment of the applicable registration service fee.
``(ii) Applications.--Clause (i) applies to--

``(I) covered pesticide registration applications for which
voluntary fees have been paid under subsection (b)(4); and
``(II) covered pesticide registration applications received
on or after the effective date of the Pesticide Registration
Improvement Act of 2003 but submitted without the applicable
registration service fee required under this section due to
the inability of the Administrator to assess fees under
subsection (d)(1).

``(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
Environmental Protection Agency, the decision time review
period begins on the date that is 30 days after the effective
date of the Pesticide Registration Improvement Act of 2003.
``(5) Extension of decision time review period.--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 affected 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 section 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 determination on the
application specified in paragraph (1) by the end of the
applicable decision time review period required under
subsection (f) for the application.
``(B) Other actions.--No other action authorized or
required under this section shall be judicially reviewable by
a Federal or State court.
``(3) Timing.--
``(A) In general.--A person may not obtain judicial review
of the failure of the Administrator to make a determination
on the application specified in paragraph (1) before the
expiration of the 2-year period that begins on the date on
which the decision time review period for the application
ends.
``(B) Meeting with administrator.--To be eligible to seek
judicial review under this subsection, a person seeking the
review shall first request in writing, at least 120 days
before filing the complaint for judicial review, a decision
review meeting with the Administrator.
``(4) Remedies.--The Administrator may not be required or
permitted to refund any portion of a registration service fee
paid in response to a complaint that the Administrator has
failed to make a determination on the covered pesticide
registration application specified in paragraph (1) by the
end of the applicable decision review period.
``(h) Accounting.--The Administrator shall--
``(1) provide an annual accounting of the registration
service fees paid to the Administrator and disbursed from the
Fund, by providing financial statements in accordance with--
``(A) the Chief Financial Officers Act of 1990 (Public Law
101-576; 104 Stat. 2838) and amendments made by that Act; and
``(B) the Government Management Reform Act of 1994 (Public
Law 103-356; 108 Stat. 3410) and amendments made by that Act;
``(2) provide an accounting describing expenditures from
the Fund authorized under subsection (c); and
``(3) provide an annual accounting describing collections
and expenditures authorized under subsection (d).
``(i) Auditing.--
``(1) Financial statements of agencies.--For the purpose of
section 3515(c) of title 31, United States Code, the Fund
shall be considered a component of an executive agency.
``(2) Components.--The annual audit required under sections
3515(b) and 3521 of that title of the financial statements of
activities under this section shall include an analysis of--
``(A) the fees collected under subsection (b) and
disbursed;
``(B) compliance with subsection (f);
``(C) the amount appropriated to meet the requirements of
subsection (d)(1); and
``(D) the reasonableness of the allocation of the overhead
allocation of costs associated with the review and
decisionmaking pertaining to applications under this section.
``(3) Inspector general.--The Inspector General of the
Environmental Protection Agency shall--
``(A) conduct the annual audit required under this
subsection; and
``(B) report the findings and recommendations of the audit
to the Administrator and to the appropriate committees of
Congress.
``(j) Personnel Levels.--All full-time equivalent positions
supported by fees authorized and collected under this section
shall not be counted against the agency-wide personnel level
goals of the Environmental Protection Agency.
``(k) Reports.--
``(1) In general.--Not later than March 1, 2005, and each
March 1 thereafter through March 1, 2009, the Administrator
shall publish an annual report describing actions taken under
this section.
``(2) Contents.--The report shall include--
``(A) a review of the progress made in carrying out each
requirement of subsections (e) and (f), including--
``(i) the number of applications reviewed, including the
decision times for each application specified in subsection
(f);
``(ii) the number of actions pending in each category of
actions described in subsection (f)(3), as well as the number
of inert ingredients;
``(iii) to the extent determined appropriate by the
Administrator and consistent with the authorities of the
Administrator and limitations on delegation of functions by
the Administrator, recommendations for--

``(I) expanding the use of self-certification in all
appropriate areas of the registration process;
``(II) providing for accreditation of outside reviewers and
the use of outside reviewers to conduct the review of major
portions of applications; and
``(III) reviewing the scope of use of the notification
process to cover broader categories of registration actions;
and

``(iv) the use of performance-based contracts, other
contracts, and procurement to ensure that--

``(I) the goals of this Act for the timely review of
applications for registration are met; and
``(II) the registration program is administered in the most
productive and cost effective manner practicable;

``(B) a description of the staffing and resources relating
to the costs associated with the review and decisionmaking
pertaining to applications; and
``(C) a review of the progress in meeting the timeline
requirements of section 4(g).
``(3) Method.--The Administrator shall publish a report
required by this subsection by such method as the
Administrator determines to be the most effective for
efficiently disseminating the report, including publication
of the report on the Internet site of the Environmental
Protection Agency.
``(l) Savings Clause.--Nothing in this section affects any
other duties, obligations, or authorities established by any
other section of this Act, including the right to judicial
review of duties, obligations, or authorities established by
any other section of this Act.
``(m) Termination of Effectiveness.--
``(1) In general.--Except as provided in paragraph (2), the
authority provided by this section terminates on September
30, 2008.
``(2) Phase out.--
``(A) Fiscal year 2009.--During fiscal year 2009, the
requirement to pay and collect registration service fees
applies, except that the level of registration service fees
payable under this section shall be reduced 40 percent below
the level in effect on September 30, 2008.
``(B) Fiscal year 2010.--During fiscal year 2010, the
requirement to pay and collect registration service fees
applies, except that the level of registration service fees
payable under this section shall be reduced 70 percent below
the level in effect on September 30, 2008.
``(C) September 30, 2010.--Effective September 30, 2010,
the requirement to pay and collect registration service fees
terminates.
``(D) Decision review periods.--
``(i) Pending applications.--In the case of an application
received under this section before September 30, 2008, the
application shall be reviewed in accordance with subsection
(f).
``(ii) New applications.--In the case of an application
received under this section on or after September 30, 2008,
subsection (f) shall not apply to the application.''.
(g) Conforming Amendments.--The table of contents in
section 1(b) of the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. prec. 136) is amended--
(1) by striking the item relating to section 4(k)(3) and
inserting the following:

``(3) Review of inert ingredients; expedited processing of similar
applications.'';
and
(2) by striking the items relating to sections 30 and 31
and inserting the following:

``Sec. 30. Minimum requirements for training of maintenance applicators
and service technicians.
``Sec. 31. Environmental Protection Agency minor use program.
``Sec. 32. Department of Agriculture minor use program.
``(a) In general.
``(b)(1) Minor use pesticide data.
``(2) Minor Use Pesticide Data Revolving Fund.
``Sec. 33. Pesticide registration service fees.
``(a) Definition of costs.
``(b) Fees.
``(1) In general.
``(2) Covered pesticide registration applications.
``(3) Schedule of covered applications and registration
service fees.

[[Page S14840]]

``(4) Pending pesticide registration applications.
``(5) Resubmission of pesticide registration applications.
``(6) Fee adjustment.
``(7) Waivers and reductions.
``(8) Refunds.
``(c) Pesticide Registration Fund.
``(1) Establishment.
``(2) Transfers to Fund.
``(3) Expenditures from Fund.
``(4) Collections and appropriations Acts.
``(5) Unused funds.
``(d) Assessment of fees.
``(1) Definition of covered functions.
``(2) Minimum amount of appropriations.
``(3) Use of fees.
``(4) Compliance.
``(5) Subsequent authority.
``(e) Reforms to reduce decision time review periods.
``(f) Decision time review periods.
``(1) In general.
``(2) Report.
``(3) Applications subject to decision time review periods.
``(4) Start of decision time review period.
``(5) Extension of decision time review period.
``(g) Judicial review.
``(1) In general.
``(2) Scope.
``(3) Timing.
``(4) Remedies.
``(h) Accounting.
``(i) Auditing.
``(1) Financial statements of agencies.
``(2) Components.
``(3) Inspector General.
``(j) Personnel levels.
``(k) Reports.
``(1) In general.
``(2) Contents.
``(l) Savings clause.
``(m) Termination of effectiveness.
``(1) In general.
``(2) Phase out.
``Sec. 34. Severability.
``Sec. 35. Authorization for appropriations.''.
(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.
______

SA 2159. Mr. DORGAN proposed an amendment to amendment SA 2158
proposed by Mr. Craig (for himself, Mr. Harkin, Mr. Cochran, Mr.
Conrad, Mr. Chambliss, Mr. Coleman, Mr. Crapo, Mr. Lugar, Mr. Breaux,
Mr. Roberts, Mr. Fitzgerald, and Mr. Pryor) to the amendment SA 2150
proposed by Mr. Bond (for himself and Ms. Mikulski) to the bill H.R.
2861, making appropriations for the Departments of Veterans Affairs and
Housing and Urban Development, and for sundry independent agencies,
boards, commissions, corporations, and offices for the fiscal year
ending September 30, 2004, and for other purposes; as follows:

At the appropriate place, insert the following:
(__) Registration of Canadian Pesticides.--
(1) In general.--Section 3 of the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. 136a) is amended by
adding at the end the following:
``(i) Registration of Canadian Pesticides.--
``(1) Definitions.--In this subsection:
``(A) Canadian pesticide.--The term `Canadian pesticide'
means a pesticide that--
``(i) is registered for use as a pesticide in Canada;
``(ii) is identical or substantially similar in its
composition to a comparable domestic pesticide registered
under this section; and
``(iii) is registered in Canada by the registrant of the
comparable domestic pesticide or by an affiliated entity of
the registrant.
``(B) Comparable domestic pesticide.--The term `comparable
domestic pesticide' means a pesticide--
``(i) that is registered under this section;
``(ii) the registration of which is not under suspension;
``(iii) that is not subject to--

``(I) a notice of intent to cancel or suspend under any
provision of this Act;
``(II) a notice for voluntary cancellation under section
6(f); or
``(III) an enforcement action under any provision of this
Act;

``(iv) that is used as the basis for comparison for the
determinations required under paragraph (4);
``(v) that is registered for use on each site of
application for which registration is sought under this
subsection;
``(vi) for which no use is the subject of a pending interim
administrative review under subsection (c)(8);
``(vii) that is not subject to any limitation on production
or sale agreed to by the Administrator and the registrant or
imposed by the Administrator for risk mitigation purposes;
and
``(viii) that is not classified as a restricted use
pesticide under subsection (d).
``(2) Authority to register canadian pesticides.--
``(A) In general.--The Administrator may register a
Canadian pesticide if the registration--
``(i) complies with this subsection;
``(ii) is consistent with this Act; and
``(iii) has not previously been disapproved by the
Administrator.
``(B) Production of another pesticide.--A pesticide
registered under this subsection shall not be used to produce
a pesticide registered under this section or section 24(c).
``(C) Registrant.--
``(i) In general.--The Administrator may register a
Canadian pesticide under this subsection on the application
of any person.
``(ii) Application.--If the Administrator registers a
Canadian pesticide under this subsection on application of
any person, the applicant shall be considered to be the
registrant of the Canadian pesticide for all purposes of this
Act.
``(D) Administrator.--Not later than 60 days after a person
submits a complete application for the registration of a
Canadian pesticide under this subsection, the Administrator
shall--
``(i) approve the application; or
``(ii)(I) disapprove the application; and
``(II) provide the applicant with a statement of the
reasons for the disapproval.
``(E) Delegation.--
``(i) In general.--Subject to clause (ii), the
Administrator may delegate a function of the Administrator
under this subsection.
``(ii) Approval.--The Administrator shall approve or
disapprove any final action taken under this subsection as
the result of a function delegated to a State.
``(3) Applicant requirements.--A person seeking
registration of a Canadian pesticide under this subsection
shall--
``(A) demonstrate to the Administrator that the Canadian
pesticide is identical or substantially similar in its
composition to a comparable domestic pesticide; and
``(B) submit to the Administrator a copy of--
``(i) the label approved by the Pesticide Management
Regulatory Agency for the Canadian pesticide; and
``(ii) the label approved by the Administrator for the
comparable domestic pesticide.
``(4) Criteria for registration.--The Administrator may
register a Canadian pesticide under this subsection if the
Administrator--
``(A) obtains the confidential statement of formula for the
Canadian pesticide;
``(B) determines that the Canadian pesticide is identical
or substantially similar in composition to a comparable
domestic pesticide;
``(C) for each food or feed use authorized by the
registration--
``(i) determines that there exists an adequate tolerance or
exemption under the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 301 et seq.) that permits the residues of the
pesticide on the food or feed; and
``(ii) identifies the tolerances or exemptions in the
notification submitted under subparagraph (E);
``(D) obtains a label approved by the Administrator that--
``(i) includes all statements, other than the establishment
number, from the approved labeling of the comparable domestic
pesticide that are relevant to the uses registered by the
Administrator; and
``(ii) excludes all labeling statements relating to uses
that are not registered by the Administrator; and
``(E) not later than 10 business days after the issuance of
the registration, publish in the Federal Register a written
notification of the action of the Administrator that
includes--
``(i) a description of the determination made under this
paragraph; and
``(ii) a statement of the effective date of the
registration;
``(5) Labeling of canadian pesticides.--
``(A) In general.--Each container containing a Canadian
pesticide registered by the Administrator shall bear the
label that is approved by the Administrator under this
subsection.
``(B) Display of label.--The label shall be securely
attached to the container and shall be the only label visible
on the container.
``(C) Original canadian label.--The original Canadian label
on the container shall be preserved underneath the label
approved by the Administrator.
``(D) Preparation and use of labels.--After a Canadian
pesticide is registered under this subsection, the registrant
shall--
``(i) prepare labels approved by the Administrator for the
Canadian pesticide; and
``(ii) conduct or supervise all labeling of the Canadian
pesticide with the approved labeling.
``(E) Registered establishments.--Labeling of a Canadian
pesticide under this subsection shall be conducted at an
establishment registered by the registrant under section 7.
``(6) Revocation.--
``(A) In general.--After the registration of a Canadian
pesticide, if the Administrator finds that the Canadian
pesticide is not identical or substantially similar in
composition to a comparable domestic pesticide, the
Administrator may issue an emergency order revoking the
registration of the Canadian pesticide.
``(B) Terms of order.--The order--
``(i) shall be effective immediately;
``(ii) may prohibit the sale, distribution, and use of the
Canadian pesticide in a State; and
``(iii) may require the registrant of the Canadian
pesticide to purchase and dispose of any unopened product
subject to the order.

[[Page S14841]]

``(C) Request for hearing.--Not later than 10 days after
issuance of the order, the registrant of the Canadian
pesticide subject to the order may request a hearing on the
order.
``(D) Final order.--If a hearing is not requested in
accordance with subparagraph (C), the order shall become
final and shall not be subject to judicial review.
``(E) Judicial review.--If a hearing is requested on the
order, judicial review may be sought only at the conclusion
of the hearing on the order and following the issuance by the
Administrator of a final revocation order.
``(F) Procedure.--A final revocation order issued following
a hearing shall be reviewable in accordance with section 16.
``(7) Limits on liability.--No action for monetary damages
may be heard in any Federal or State court against--
``(A) the Administrator acting as a registering agency
under the authority of and consistent with this subsection
for injury or damage resulting from the use of a product
registered by the Administrator under this subsection; or
``(B) a registrant for damages resulting from adulteration
or compositional alteration of a Canadian pesticide
registered under this subsection if the registrant did not
have and could not reasonably have obtained knowledge of the
adulteration or compositional alteration.
``(8) Provision of information by registrants of comparable
domestic pesticides.--
``(A) In general.--On request by the Administrator the
registrant of a comparable domestic pesticide shall provide
to the Administrator that is seeking to register a
Canadian pesticide under this subsection information that
is necessary for the Administrator to make the
determinations required by paragraph (4).
``(B) Penalty for noncompliance.--
``(i) In general.--If the registrant of a comparable
domestic pesticide fails to provide to the Administrator, not
later than 15 days after receipt of a written request by the
Administrator, information possessed by or reasonably
accessible to the registrant that is necessary to make the
determinations required by paragraph (4), the Administrator
may assess a penalty against the registrant of the comparable
pesticide.
``(ii) Amount.--The amount of the penalty shall be equal to
the product obtained by multiplying--

``(I) the difference between the per-acre cost of the
application of the comparable domestic pesticide and the
application of the Canadian pesticide, as determined by the
Administrator; and
``(II) the number of acres in the United States devoted to
the commodity for which the registration is sought.

``(C) Notice and opportunity for hearing.--No penalty under
this paragraph shall be assessed unless the registrant is
given notice and opportunity for a hearing in accordance with
section 14(a)(3).
``(D) Issues at hearing.--The only issues for resolution at
the hearing shall be--
``(i) whether the registrant of the comparable domestic
pesticide failed to timely provide to the Administrator the
information possessed by or reasonably accessible to the
registrant that was necessary to make the determinations
required by paragraph (4); and
``(ii) the amount of the penalty.
``(9) Penalty for disclosure.--
``(A) In general.--The Administrator shall not make public
information obtained under paragraph (8) that is privileged
and confidential and contains or relates to trade secrets or
commercial or financial information.
``(B) Disclosure.--Any employee of the Environmental
Protection Agency who willfully discloses information
described in subparagraph (A) shall be subject to penalties
described in section 10(f).
``(10) Data compensation.--The Administrator and a person
registering a Canadian pesticide under this subsection shall
not be liable for compensation for data supporting the
registration if the registration of the Canadian pesticide in
Canada and the registration of the comparable domestic
pesticide are held by the same registrant or by affiliated
entities.
``(11) Formulation changes.--
``(A) In general.--The registrant of a comparable domestic
pesticide shall notify the Administrator of any change in the
formulation of a comparable domestic pesticide or a Canadian
pesticide registered by the registrant or an affiliated
entity not later than 30 days before any sale or distribution
of the pesticide containing the new formulation.
``(B) Statement of formula.--The registrant of the
comparable domestic pesticide shall submit, with the notice
required under subparagraph (A), a confidential statement of
the formula for the new formulation if the registrant has
possession of or reasonable access to the information.
``(C) Suspension of registration for noncompliance.--
``(i) In general.--If the registrant fails to provide
notice or submit a confidential statement of formula as
required by this paragraph, the Administrator may issue a
notice of intent to suspend the registration of the
comparable domestic pesticide for a period of not less than 1
year.
``(ii) Effective date.--The suspension shall become final
not later than the end of the 30-day period beginning on the
date of the issuance by the Administrator of the notice of
intent to suspend the registration, unless during the period
the registrant requests a hearing.
``(iii) Hearing procedure.--If a hearing is requested, the
hearing shall be conducted in accordance with section 6(d).
``(iv) Issues.--The only issues for resolution at the
hearing shall be whether the registrant has failed to provide
notice or submit a confidential statement of formula as
required by this paragraph.''.
(2) Technical and conforming amendment.--The table of
contents in section 1(b) of the Federal Insecticide,
Fungicide, and Rodenticide Act (7 U.S.C. prec. 121) is
amended by adding at the end of the items relating to section
3 the following:

``(4) Mixtures of nitrogen stabilizers and fertilizer products.
``(g) Registration review.
``(h) Registration requirements for antimicrobial pesticides.
``(1) Evaluation of process.
``(2) Review time period reduction goal.
``(3) Implementation.
``(4) Annual report.
``(i) Registration of Canadian pesticides.
``(1) Definitions.
``(2) Authority to register Canadian pesticides.
``(3) Applicant requirements.
``(4) Criteria for registration.
``(5) Labeling of Canadian pesticides.
``(6) Revocation.
``(7) Limits on liability.
``(8) Provision of information by registrants of comparable domestic
pesticides.
``(9) Penalty for disclosure.
``(10) Data compensation.
``(11) Formulation changes.''.

(3) Effective date.--This subsection and the amendments
made by this subsection take effect on the date that is 180
days after the date of enactment of this Act.
______

SA 2160. Mr. DeWINE (for himself and Mr. Voinovich) submitted an
amendment intended to be proposed to amendment SA 2150 proposed by Mr.
Bond (for himself and Ms. Mikulski) to the bill H.R. 2861, making
appropriations for the Departments of Veterans Affairs and Housing and
Urban Development, and for sundry independent agencies, boards,
commissions, corporations, and offices for the fiscal year ending
September 30, 2004, and for other purposes; which was ordered to lie on
the table; as follows:

On page 113, after line 22, add the following:
The aggregate amount appropriated by this title under the
heading ``National Aeronautics and Space Administration'' is
hereby increased by $29,000,000, with the amount of the
increase to be available for commercial technology transfer
programs. The amount available under the preceding sentence
for commercial technology transfer programs is in addition to
any other amounts available under this Act for such programs.
The amount appropriated by this title under the heading
``science, aeronautics, and exploration'' is hereby reduced
by $29,000,000, with the amount of the reduction to be
allocated to the Beyond Einstein Initiative.
______

SA 2161. Mr. DeWINE (for himself and Mr. Voinovich) submitted an
amendment intended to be proposed to amendment SA 2150 proposed by Mr.
Bond (for himself and Ms. Mikulski) to the bill H.R. 2861, making
appropriations for the Departments of Veterans Affairs and Housing and
Urban Development, and for sundry independent agencies, boards,
commissions, corporations, and offices for the fiscal year ending
September 30, 2004, and for other purposes; which was ordered to lie on
the table; as follows:

On page 111, line 6, insert before the period the
following: ``: Provided, That of the amounts available under
this heading, $4,000,000 shall be available for the purpose
of research and development relating to intelligence
propulsion and related advancements, and shall be in addition
to any other amounts available under this heading for that
purpose''.
______

SA 2162. Mr. DeWINE (for himself, Mr. Levin, and Mr. Voinovich)
submitted an amendment intended to be proposed to amendment SA 2150
proposed by Mr. Bond (for himself and Ms. Mikulski) to the bill H.R.
2861, making appropriations for the Departments of Veterans Affairs and
Housing and Urban Development, and for sundry independent agencies,
boards, commissions, corporations, and offices for the fiscal year
ending September 30, 2004, and for other purposes; which was ordered to
lie on the table; as follows:

On page 97, line 24, after ``members;'', insert the
following: ``the Great Lakes Legacy Program of the
Environmental Protection Agency, in an amount that is not
less than $15,000,000;''.
______

SA 2163. Mr. DeWINE (for himself and Mr. Voinovich) submitted an
amendment intended to be proposed to amendment SA 2150 proposed by Mr.

[[Page S14842]]

Bond (for himself and Ms. Mikulski) to the bill H.R. 2861, making
appropriations for the Departments of Veterans Affairs and Housing and
Urban Development, and for sundry independent agencies, boards,
commissions, corporations, and offices for the fiscal year ending
September 30, 2004, and for other purposes; which was ordered to lie on
the table; as follows:

At the appropriate place, insert the following:
Sec. __. From amounts appropriated under this Act, there
shall be set aside $660,000 for the National Academy of
Sciences study proposal ``Health Risks to Children from
Residential Lead Contamination''.
______

SA 2164. Ms. CANTWELL (for herself, Mr. Carper, Mr. Brownback, Mr.
Hagel, Mr. Roberts, Mr. Nelson of Nebraska, and Mrs. Murray) submitted
an amendment intended to be proposed to amendment SA 2150 proposed by
Mr. Bond (for himself and Ms. Mikulski) to the bill H.R. 2861, making
appropriations for the Departments of Veterans Affairs and Housing and
Urban Development, and for sundry independent agencies, boards,
commissions, corporations, and offices for the fiscal year ending
September 30, 2004, and for other purposes; which was ordered to lie on
the table; as follows:

On page 125, between lines 7 and 8, insert the following:

SEC. 418. EXTENSION OF CERTAIN PUBLIC HOUSING/SECTION 8
MOVING TO WORK DEMONSTRATION AGREEMENTS.

(a) Extension.--The Secretary of Housing and Urban
Development shall extend the term of the Moving to Work
Demonstration Agreement entered into between a public housing
agency and the Secretary under section 204, title V, of the
Omnibus Consolidated Rescissions and Appropriations Act of
1996 (Pub. L. 104-134, April 26, 1996) if--
(1) the public housing agency requests such extension in
writing;
(2) the public housing agency is not at the time of such
request for extension in default under its Moving to Work
Demonstration Agreement; and
(3) the Moving to Work Demonstration Agreement to be
extended would otherwise expire on or before December 31,
2004.
(b) Terms.--Unless the Secretary of Housing and Urban
Development and the public housing agency otherwise agree,
the extension under subsection (a) shall be upon the
identical terms and conditions set forth in the extending
agency's existing Moving to Work Demonstration Agreement,
except that for each public housing agency that has been or
will be granted an extension to its original Moving to Work
agreement, the Secretary shall require that data be collected
so that the effect of Moving to Work policy changes on
residents can be measured.
(c) Extension Period.--The extension under subsection (a)
shall be for such period as is requested by the public
housing agency, not to exceed 3 years from the date of
expiration of the extending agency's existing Moving to Work
Demonstration Agreement.
(d) Breach of Agreement.--Nothing contained in this section
shall limit the authority of the Secretary of Housing and
Urban Development to terminate any Moving to Work
Demonstration Agreement of a public housing agency if the
public housing agency is in breach of the provisions of such
agreement.

SEC. 419. STUDY OF MOVING TO WORK PROGRAM.

(a) In General.--The General Accounting Office shall
conduct a study of the Moving to Work demonstration program
to evaluate--
(1) whether the statutory goals of the Moving to Work
demonstration program are being met;
(2) the effects policy changes related to the Moving to
Work demonstration program have had on residents; and
(3) whether public housing agencies participating in the
Moving to Work program are meeting the requirements of the
Moving to Work demonstration program under law and any
agreements with the Department of Housing and Urban
Development.
(b) Report.--Not later than 18 months after the date of
enactment of this Act, the General Accounting Office shall
submit to Congress a report on the study conducted under
subsection (a).
______

SA 2165. Mr. COLEMAN submitted an amendment intended to be proposed
to amendment SA 2150 proposed by Mr. Bond (for himself and Ms.
Mikulski) to the bill H.R. 2861, making appropriations for the
Departments of Veterans Affairs and Housing and Urban Development, and
for sundry independent agencies, boards, commissions, corporations, and
offices for the fiscal year ending September 30, 2004, and for other
purposes; which was ordered to lie on the table; as follows:

On page 125, between lines 7 and 8, insert the following:
Sec. 418. There are appropriated $1,060,000 to the
Neighborhood House in Saint Paul, Minnesota, for construction
costs of the Paul and Sheila Wellstone Center for Community
Building.
______

SA 2166. Mr. DORGAN submitted an amendment intended to be proposed to
amendment SA 2150 proposed by Mr. Bond (for himself and Ms. Mikulski)
to the bill H.R. 2861, making appropriations for the Departments of
Veterans Affairs and Housing and Urban Development, and for sundry
independent agencies, boards, commissions, corporations, and offices
for the fiscal year ending September 30, 2004, and for other purposes;
which was ordered to lie on the table; as follows:

On page 125, between lines 7 and 8, insert the following:
Sec. __. (a) Section 45D(e) of the Internal Revenue Code of
1986 (relating to low-income community) is amended by adding
at the end the following new paragraph:
``(4) Modification of income requirement for census tracts
within high migration rural counties.--
``(A) In general.--In the case of a population census tract
located within a high migration rural county, paragraph
(1)(B)(i) shall be applied by substituting `85 percent' for
`80 percent'.
``(B) High migration rural county.--For purposes of this
paragraph, the term `high migration rural county' means any
county which, during the 20-year period ending on December
31, 2000, has a net out-migration of inhabitants from the
county of at least 10-percent of the population of the county
at the beginning of such period.''.
(b) The amendment made by this section shall take effect as
if included in the amendment made by section 121(a) of the
Community Renewal Tax Relief Act of 2000.
______

SA 2167. Mr. BOND proposed an amendment to amendment SA 150 proposed
by Mr. Bond (for himself and Ms. Milkulski) to the bill H.R. 2861,
making appropriations for the Departments of Veterans Affairs and
Housing and Urban Development, and for sundry independent agencies,
boards, commissions, corporations, and offices for the fiscal year
ending September 30, 2004, and for other purposes; as follows:

Beginning on page 9, line 20, strike ``: Provided, That''
and all that follows through ``Congress'' on line 5, page 10.
______

SA 2168. Mr. REED submitted an amendment intended to be proposed to
amendment SA 2150 proposed by Mr. Bond (for himself and Ms. Mikulski)
to the bill H.R. 2861, making appropriations for the Departments of
Veterans Affairs and Housing and Urban Development, and for sundry
independent agencies, boards, commissions, corporations, and offices
for the fiscal year ending September 30, 2004, and for other purposes;
which was ordered to lie on the table; as follows:

On page 125, between lines 7 and 8, insert the following:
Sec. 418. Funds made available under this Act or any other
Act that are awarded by the Secretary of Housing and Urban
Development to a public housing agency for replacement
housing needs arising from the demolition of public housing
units, and that are used by the public housing agency as
project-based assistance, shall not be included as tenant-
based assistance that is attached to a structure for the
purposes of the 20 percent limitation under section
8(o)(13)(B) of the United States Housing Act of 1937 (42
U.S.C. 1437f), if the public housing agency certifies that
use of the funds as project-based assistance is necessary in
order to provide adequate replacement housing opportunities
consistent with the purposes of section 24 of that Act (42
U.S.C. 1437v).
______

SA 2169. Mr. LEVIN (for himself, Ms. Collins, Ms. Stabenow, and Mr.
Voinovich) submitted an amendment intended to be proposed to amendment
SA 2150 proposed by Mr. Bond (for himself and Ms. Mikulski) to the bill
H.R. 2861, making appropriations for the Departments of Veterans
Affairs and Housing and Urban Development, and for sundry independent
agencies, boards, commissions, corporations, and offices for the fiscal
year ending September 30, 2004, and for other purposes; which was
ordered to lie on the table; as follows:

On page 125, between lines 7 and 8, insert the following:

SEC. 4__. SEWER OVERFLOW CONTROL GRANTS.

Section 221 of the Federal Water Pollution Control Act (33
U.S.C. 1301) is amended--
(1) in subsection (f), by striking ``2002 and 2003'' and
inserting ``2005 and 2006'';
(2) in subsection (g)(1)--
(A) in the paragraph heading, by striking ``2002'' and
inserting ``2005''; and
(B) by striking ``2002'' and inserting ``2005'';
(3) in subsection (g)(2)--
(A) in the paragraph heading, by striking ``2003'' and
inserting ``2006''; and
(B) by striking ``2003'' and inserting ``2006''; and
(4) in subsection (i), by striking ``2003'' and inserting
``2006''.
______

SA 2170. Mr. BOND (for Mr. Leahy (for himself and Mr. Brownback))
proposed an amendment to the bill S. 1685,

[[Page S14843]]

to extend and expand the basic pilot program for employment eligibility
verification, and for other purposes; as follows:

At the end, add the following:

SEC. 4. PILOT IMMIGRATION PROGRAM.

(a) Processing Priority Under Pilot Immigration Program for
Regional Centers to Promote Economic Growth.--Section 610 of
the Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act, 1993 (8
U.S.C. 1153 note) is amended--
(1) by striking ``Attorney General'' each place such term
appears and inserting ``Secretary of Homeland Security''; and
(2) by adding at the end the following:
``(d) In processing petitions under section 204(a)(1)(H) of
the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(H))
for classification under section 203(b)(5) of such Act (8
U.S.C. 1153(b)(5)), the Secretary of Homeland Security may
give priority to petitions filed by aliens seeking admission
under the pilot program described in this section.
Notwithstanding section 203(e) of such Act (8 U.S.C.
1153(e)), immigrant visas made available under such section
203(b)(5) may be issued to such aliens in an order that takes
into account any priority accorded under the preceding
sentence.''.
(b) Extension.--Section 610(b) of the Departments of
Commerce, Justice, and State, the Judiciary, and Related
Agencies Appropriations Act, 1993 (8 U.S.C. 1153 note) is
amended by striking ``10 years'' and inserting ``15 years''.

SEC. 5. GAO STUDY.

(a) In General.--Not later than 1 year after the date of
enactment of this Act, the General Accounting Office shall
report to Congress on the immigrant investor program created
under section 203(b)(5) of the Immigration and Nationality
Act (8 U.S.C. 1153(b)(5)).
(b) Contents.--The report described in subsection (a) shall
include information regarding--
(1) the number of immigrant investors that have received
visas under the immigrant investor program in each year since
the inception of the program;
(2) the country of origin of the immigrant investors;
(3) the localities where the immigrant investors are
settling and whether those investors generally remain in the
localities where they initially settle;
(4) the number of immigrant investors that have sought to
become citizens of the United States;
(5) the types of commercial enterprises that the immigrant
investors have established; and
(6) the types and number of jobs created by the immigrant
investors.
______

SA 2171. Mr. LAUTENBERG (for himself, Ms. Mikulski, Mr. Jeffords,
Mrs. Boxer, Mr. Corzine, Mr. Schumer, Mr. Leahy, Mr. Lieberman, Mr.
Kerry, Mr. Kennedy, Mr. Edwards, Ms. Cantwell, and Mr. Durbin) proposed
an amendment to amendment SA 2150 proposed by Mr. Bond (for himself and
Ms. Mikulski) to the bill H.R. 2861, making appropriations for the
Departments of Veterans Affairs and Housing and Urban Development, and
for sundry independent agencies, boards, commissions, corporations, and
offices for the fiscal year ending September 30, 2004, and for other
purposes; as follows:

On page 98, line 5, before the period at the end, insert
the following: ``, of which, in addition to any other amounts
provided under this heading for the Office of Enforcement and
Compliance Assurance, $5,400,000 shall be made available for
that office''.
______

SA 2172. Mr. BOND (for Mr. Graham of South Carolina (for himself and
Mr. Hollings)) proposed an amendment to amendment SA 2150 proposed by
Mr. Bond (for himself and Ms. Mikulski) to the bill H.R. 2861, making
appropriations for the Departments of Veterans Affairs and Housing and
Urban Development, and for sundry independent agencies, boards,
commissions, corporations, and offices for the fiscal year ending
September 30, 2004, and for other purposes; as follows:

At the end of title I, add the following:
Sec. 116. Notwithstanding paragraph (2) of section 8163(c)
of title 38, United States Code, the Secretary of Veterans
Affairs may enter into an enhanced-use lease with the Medical
University Hospital Authority, a public authority of the
State of South Carolina, for approximately 0.48 acres of
underutilized property at the Charleston Department of
Veterans Affairs Medical Center, Charleston, South Carolina,
at any time after 30 days after the date of the submittal of
the notice required by paragraph (1) of that section with
respect to such property. The Secretary is not required to
submit a report on the lease as otherwise required by
paragraph (4) of that section.
______

SA 2173. Mr. BOND (for Ms. Mikulski (for herself and Mr. Bond))
proposed an amendment to amendment SA 2150 proposed by Mr. Bond (for
himself and Ms. Mikulski) to the bill H.R. 2861, making appropriations
for the Departments of Veterans Affairs and Housing and Urban
Development, and for sundry independent agencies, boards, commissions,
corporations, and offices for the fiscal year ending September 30,
2004, and for other purposes; as follows:

On page 92, line 22, strike the period and insert the
following:``: Provided further, That, for fiscal year 2004
and every year thereafter, the Corporation shall make any
significant changes to program requirements or policy only
through public notice and comment rulemaking:  Provided
further, That, for fiscal year 2004 and every year
thereafter, during any grant selection process, no officer or
employee of the Corporation shall knowingly disclose any
covered grant selection information regarding such selection,
directly or indirectly, to any person other than an officer
or employee of the Corporation that is authorized by the
Corporation to receive such information.''.
______

SA 2174. Mr. BOND proposed an amendment to amendment SA 2150 proposed
by Mr. Bond (for himself and Ms. Mikulski) to the bill H.R. 2861,
making appropriations for the Departments of Veterans Affairs and
Housing and Urban Development, and for sundry independent agencies,
boards, commissions, corporations, and offices for the fiscal year
ending September 30, 2004, and for other purposes; as follows:

On page 61, beginning on line 7, strike out ``$32,415,00,''
and all that follows through the period on line 16 and insert
in lieu thereof ``$39,915,000, to remain available until
expended, to be derived from the Federal Housing Enterprise
Oversight Fund: Provided, That not less than 60 percent of
total amount made available under this heading shall be used
to for licensed audit personnel and audit support: Provided
further, That an additional $10,000,000 shall be made
available until expended, to be derived from the Federal
Housing Enterprise Oversight Fund only upon a certification
by the Secretary of the Treasury that these funds are
necessary to meet an emergency need: Provided further, That
not to exceed such amounts shall be available from the
general fund of the Treasury to the extent necessary to incur
obligations and make expenditures pending the receipt of
collections to the Fund: Provided further, That the general
fund amount shall be reduced as collections are received
during the fiscal year so as to result in a final
appropriation from the general fund estimated at not more
than $0.''.
______

SA 2175. Mr. BOND (for Mr. Stevens) proposed an amendment to
amendment SA 2150 proposed by Mr. Bond (for himself and Ms. Mikulski)
to the bill H.R. 2861, making appropriations for the Departments of
Veterans Affairs and Housing and Urban Development, and for sundry
independent agencies, boards, commissions, corporations, and offices
for the fiscal year ending September 30, 2004, and for other purposes;
as follows:

On page 86, between lines 11 and 12, insert the following:

SEC. 2__. NATIVE AMERICAN HOUSING.

Allocation of Funding.--Of the amounts made available to
carry out the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4101 et seq.) for fiscal
year 2004, there shall be made available to each grant
recipient the same percentage of funding as each recipient
received for fiscal year 2003.
______

SA 2176. Mr. BOND (for Mr. Durbin (for himself and Mr. Fitzgerald))
proposed an amendment to amendment SA 2150 proposed by Mr. Bond (for
himself and Ms. Mikulski) to the bill H.R. 2861, making appropriations
for the Departments of Veterans Affairs and Hosing and Urban
Development, and for sundry independent agencies, boards, commissions,
corporations, and offices for the fiscal year ending September 30,
2004, and for other purposes; as follows:

At the appropriate place, insert the following:

Sec. . Notwithstanding any other provision of law, the
Secretary of Veterans Affairs shall make the North Chicago VA
Medical Center available to the Navy to the maximum extent
feasible. The Secretary shall report to the Senate
Appropriations Committee by June 30, 2004, regarding the
progress in modifying North Chicago VA Medical Center's
surgical suite and emergency and urgent care centers for use
by veterans and Department of Defense beneficiaries. Further,
the Secretary shall consider having the new joint VA/Navy
ambulatory care center to serve both veterans and Department
of Defense beneficiaries sited on or adjacent to the North
Chicago VA Medical Center and shall consult with the
Secretary of the Navy to select the site for the center. The
Secretary of Veterans Affairs shall report to the Senate
Appropriations Committee on the site selection by June 30,
2004.
______

SA 2177. Mr. BOND (for Ms. Murkowski) proposed an amendment to
amendment SA 2150 proposed by Mr.

[[Page S14844]]

Bond (for himself and Ms. Mikulski) to the bill H.R. 2861, making
appropriations for the Departments of Veterans Affairs and Housing and
Urban Development, and for sundry independent agencies, boards,
commissions, corporations, and offices for the fiscal year ending
September 30, 2004, and for other purposes; as follows:

At the appropriate place, insert the following:

SEC. __. RURAL TEACHER HOUSING.

Section 307 of the Denali Commission Act of 1998 (42 U.S.C.
3121 note) is amended by adding at the end the following:
``(e) Rural Teacher Housing.--The Commission may make
grants and loans to public school districts serving remote
incorporated cities and unincorporated communities in Alaska
(including Alaska Native Villages) with a population of 6,500
or fewer persons for expenses associated with the
construction, purchase, lease, and rehabilitation of housing
units in such cities and communities. Unless otherwise
authorized by the Commission, such units may be occupied only
by teachers, school administrators, and other school staff
(including members of their households).''.
______

SA 2178. Ms. MIKULSKI proposed an amendment to amendment SA 2150
proposed by Mr. Bond (for himself and Ms. Mikulski) to the bill H.R.
2861, making appropriations for the Departments of Veterans Affairs and
Housing and Urban Development, and for sundry independent agencies,
boards, commissions, corporations, and offices for the fiscal year
ending September 30, 2004, and for other purposes; as follows:

On page 104, between lines 14 and 15, insert the following
For an additional amount for capitalization grants for
State revolving funds, $3,000,000,000, to remain available
until expended, of which $1,850,000,000 shall be for
capitalization grants from State water pollution control
revolving funds established under title VI of the Federal
Water Pollution Control Act (33 U.S.C. 1381 et seq.) and
$1,150,000,000 shall be for capitalization grants from State
drinking water treatment revolving loan funds under section
1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12):
Provided, That the entire amount made available under this
paragraph is designated by Congress as an emergency
requirement under section 502(c) of H. Con. Res. 95 (108th
Cong.).
______

SA 2179. Mr. FITZGERALD submitted an amendment intended to be
proposed to amendment SA 2150 proposed by Mr. Bond (for himself and Ms.
Mikulski) to the bill H.R. 2861, making appropriations for the
Departments of Veterans Affairs and Housing and Urban Development, and
for sundry independent agencies, boards, commissions, corporations, and
offices for the fiscal year ending September 30, 2004, and for other
purposes; which was ordered to lie on the table; as follows:

On page 125, between lines 7 and 8, insert the following:
Sec. 418. (a) In general.--None of the funds appropriated
under this Act shall be used for the purpose of implementing
or carrying out the Mark-to-Market program established under
the Multifamily Assisted Housing Reform and Affordability Act
of 1997 (42 U.S.C. 1437f et seq.) with--
(1) any for-profit entity with respect to the Evergreen
Terrace I and Evergreen Terrace II housing complexes located
in Joliet, Illinois; or
(2) any entity, or its successors or assignees, that
signed, prior to October 1, 2003, a restructuring commitment
with the Department of Housing and Urban Development with
respect to the Evergreen Terrace I and Evergreen Terrace II
housing complexes located in Joliet, Illinois.
(b) Rights of Residents.--Nothing in this section shall be
construed to alter the rights or eligibility of residents of
the Evergreen Terrace I and Evergreen Terrace II housing
complexes in Joliet, Illinois, to benefit from or to
participate in programs administered by the Secretary of
Housing and Urban Development.
______

SA 2180. Mr. BOND proposed an amendment to amendment SA 2150 proposed
by Mr. Bond (for himself and Ms. Mikulski) to the bill H.R. 2861,
making appropriations for the Departments of Veterans Affairs and
Housing and Urban Development, and for sundry independent agencies,
boards, commissions, corporations, and offices for the fiscal year
ending September 30, 2004, and for other purposes; as follows:

On page 86, after line 11, insert the following new
section:
Sec. 226. The Secretary of Housing and Urban Development
shall conduct negotiated rulemaking with representatives from
interested parties for purposes of any changes to the formula
governing the Public Housing Operating Fund. A final rule
shall be issued no later than July 31, 2004.
______

SA 2181. Mr. BOND (for Ms. Murkowski) proposed an amendment to
amendment SA 2150 proposed by Mr. Bond (for himself and Ms. Mikulski)
to the bill H.R. 2861, making appropriations for the Departments of
Veterans Affairs and Housing and Urban Development, and for sundry
independent agencies, boards, commissions, corporations, and offices
for the fiscal year ending September 30, 2004, and for other purposes;
as follows:

At the end of title I, add the following:
Sec. 116. (a) Treatment of Pioneer Homes in Alaska as State
Home for Veterans.--The Secretary of Veterans Affairs may--
(1) treat the Pioneer Homes in the State of Alaska
collectively as a single State home for veterans for purposes
of section 1741 of title 38, United States Code; and
(2) make per diem payments to the State of Alaska for care
provided to veterans in the Pioneer Homes in accordance with
the provisions of that section.
(b) Treatment Notwithstanding Non-Veteran Residency.--The
Secretary shall treat the Pioneer Homes as a State home under
subsection (a) notwithstanding the residency of non-veterans
in one or more of the Pioneer Homes.
(c) Pioneer Homes Defined.--In this section, the term
``Pioneer Homes'' means the six regional homes in the State
of Alaska known as Pioneer Homes, which are located in the
following:
(1) Anchorage, Alaska.
(2) Fairbanks, Alaska.
(3) Juneau, Alaska.
(4) Ketchikan, Alaska.
(5) Palmer, Alaska.
(6) Sitka, Alaska.
______

SA 2182. Ms. MURKOWSKI (for Mr. Dorgan (for himself, Mr. Rockefeller,
and Ms. Landrieu)) proposed an amendment to amendment SA 2150 proposed
by Mr. Bond (for himself and Ms. Mikulski) to the bill H.R. 2861,
making appropriations for the Departments of Veterans Affairs and
Housing and Urban Development, and for sundry independent agencies,
boards, commissions, corporations, and offices for the fiscal year
ending September 30, 2004, and for other purposes; as follows:

At the end of title I, add the following:
Sec. 116. (a) Findings on Access to Primary Health Care of
Veterans in Rural Areas.--The Senate makes the following
findings:
(1) The Secretary of Veterans Affairs has appointed a
commission, called the Capital Asset Realignment for Enhanced
Services (CARES) Commission, and directed it to make specific
recommendations regarding the realignment and allocation of
capital assets necessary to meet the demand for veterans
health care services over the next 20 years.
(2) The Department of Veterans Affairs accessibility
standard for primary health care provides that at least 70
percent of the veterans enrolled in each of the regional
``markets'' of the Department should live within a specified
driving time of a Department primary care facility. That
driving time is 30 minutes for veterans living in urban and
rural areas and 60 minutes for veterans living in highly
rural areas.
(3) The Draft National CARES Plan issued by the Under
Secretary for Health would place veterans in 18 rural and
highly rural regional markets outside the Department
accessibility standard for primary health care until at least
fiscal year 2022, which means that thousands of veterans will
have to continuing traveling up to 3-4 hours each way to
visit a Department primary care facility.
(4) The 18 rural and highly rural markets that will remain
outside the Department accessibility standard for primary
health care comprise all or parts of Arkansas, Idaho,
Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine,
Minnesota, Mississippi, Missouri, Montana, Nebraska, North
Carolina, North Dakota, Ohio, Oklahoma, Oregon, South Dakota,
Tennessee, Texas, Virginia, Washington, and West Virginia.
(5) Health care facilities for veterans are
disproportionately needed in rural and highly rural areas
because the residents of such areas are generally older,
poorer, and sicker than their urban counterparts.
(b) Sense of Senate.--It is the sense of the Senate that--
(1) the CARES Commission should give as much attention to
solving the special needs of veterans who live in rural areas
as it does to providing for the health care needs of veterans
living in more highly populated areas;
(2) the CARES Commission should reject the portions of the
Draft National CARES Plan that would prevent any regional
market of the Department from complying with the Department
accessibility standard for primary health care, which
provides that at least 70 percent of the veterans residing in
each market be within specified driving times of a Department
primary care facility; and
(3) the CARES Commission should recommend to the Secretary
the investments and initiatives that are necessary to achieve
the Department accessibility standard for primary health care
in each of the rural and highly rural health care markets of
the Department.
______

SA 2183. Mr. BOND (for Mr. Sarbanes (for himself, Ms. Collins, Mr.

[[Page S14845]]

Byrd, Mr. Santorum, Mr. Reed, Ms. Snowe, Mr. Kennedy, Mr. Dodd, Mr.
Kerry, Mr. Allen, Mr. Schumer, Mrs. Murray, Mrs. Clinton, Mr. Leahy,
Mr. Chafee, Ms. Cantwell, Mrs. Feinstein, Mr. Lautenberg, Ms. Stabenow,
Mr. Jeffords, Mr. Lieberman, Mr. Akaka, Mr. Dayton, and Mr. Nelson of
Florida)) proposed and amendment to amendment SA 2150 proposed by Mr.
Bond (for himself and Ms. Mikulski) to the bill H.R. 2861, making
appropriations for the Departments of Veterans Affairs and Housing and
Urban Development, and for sundry independent agencies, boards,
commissions, corporations, and offices for the fiscal year ending
September 30, 2004, and for other purposes; as follows:

On page 125, between lines 7 and 8, insert the following:

SEC. 4__. SENSE OF THE SENATE.

(a) Findings.--The Senate finds that--
(1) 30 percent of American families have housing
affordability problems, with 14,300,000 families paying more
than half of their income for housing costs, and 17,300,000
families paying 30 to 50 percent of their income towards
housing costs;
(2) 9,300,000 American families live in housing that is
overcrowded or distressed;
(3) 3,500,000 households in the United States will
experience homelessness at some point this year, including
1,350,000 children;
(4) the number of working families who are unable to afford
adequate housing is increasing, as the gap between wages and
housing costs grows;
(5) there is no county or metropolitan area in the country
where a minimum wage earner can afford to rent a modest 2-
bedroom apartment, and on average, a family must earn over
$15 an hour to afford modest rental housing, which is almost
3 times the minimum wage;
(6) section 8 housing vouchers help approximately 2,000,000
families with children, senior citizens, and disabled
individuals afford a safe and decent place to live;
(7) utilization of vouchers is at a high of 96 percent, and
is on course to rise to 97 percent in fiscal year 2004,
according to data provided by the Department of Housing and
Urban Development;
(8) the average cost per voucher has also steadily
increased from just over $6400 in August of 2002, to $6,756
in April, 2003, due largely to rising rents in the private
market, and the Congressional Budget Office estimates that
the cost per voucher in fiscal year 2004 will be $7,028, $560
more per voucher than the estimate contained in the fiscal
year 2004 budget request; and
(9) the congressionally appointed, bipartisan Millennial
Housing Commission found that housing vouchers are ``the
linchpin of a national housing policy providing very low-
income renters access to privately-owned housing stock''.
(b) Sense of the Senate.--It is the sense of the Senate
that--
(1) housing vouchers are a critical resource in ensuring
that families in America can afford safe, decent, and
adequate housing;
(2) public housing agencies must retain the ability to use
100 percent of their authorized vouchers to help house low-
income families; and
(3) the Senate expects the Department of Housing and Urban
Development to take all necessary actions to encourage full
utilization of vouchers, and to use all legally available
resources as needed to support full funding for housing
vouchers in fiscal year 2004, so that every voucher can be
used by a family in need.
______

SA 2184. Mr. BOND (for Mrs. Clinton (for herself, Ms. Snowe, Mr.
Kennedy, Mr. Chafee, Mrs. Murray, Mr. Reed, Mr. Harkin, and Mr. Dodd))
proposed an amendment to amendment SA 2150 proposed by Mr. Bond (for
himself and Ms. Mikulski) to the bill H.R. 2861, making appropriations
for the Departments of Veterans Affairs and Housing and Urban
Development, and for sundry independent agencies, boards, commissions,
corporations, and offices for the fiscal year ending September 30,
2004, and for other purposes; as follows:

On page 92, line 22, insert ``: Provided further, That the
Corporation shall offer any individual selected after October
31, 2002, for initial enrollment or reenrollment as a VISTA
volunteer under title I of the Domestic Volunteer Service Act
of 1973 (42 U.S.C. 4951 et seq.) the option of receiving a
national service educational award under subtitle D of title
I of the National and Community Service Act of 1990 (42
U.S.C. 12601 et seq.)'' after ``programs''.
______

SA 2185. Mr. BOND (for Mr. Levin (for himself, Ms. Collins, and Ms.
Stabenow)) proposed an amendment to amendment SA 2150 proposed by Mr.
Bond (for himself and Ms. Mikulski) to the bill H.R. 2861, making
appropriations for the Departments of Veterans Affairs and Housing and
Urban Development, and for sundry independent agencies, boards,
commissions, corporations, and offices for the fiscal year ending
September 30, 2004, and for other purposes; as follows:

On page 125, between lines 7 and 8, insert the following:

SEC. 4__. SEWER OVERFLOW CONTROL GRANTS.

Section 221 of the Federal Water Pollution Control Act (33
U.S.C. 1301) is amended--
(1) in subsection (f), by striking ``2002 and 2003'' and
inserting ``2005 and 2006'';
(2) in subsection (g)(1)--
(A) in the paragraph heading, by striking ``2002'' and
inserting ``2005''; and
(B) by striking ``2002'' and inserting ``2005'';
(3) in subsection (g)(2)--
(A) in the paragraph heading, by striking ``2003'' and
inserting ``2006''; and
(B) by striking ``2003'' and inserting ``2006''; and
(4) in subsection (i), by striking ``2003'' and inserting
``2006''.
______

SA 2186. Mr. BOND (for Mrs. Boxer) proposed an amendment to amendment
SA 2150 proposed by Mr. Bond (for himself and Ms. Mikulski) to the bill
H.R. 2861, making appropriations for the Departments of Veterans
Affairs and Housing and Urban Development, and for sundry independent
agencies, boards, commissions, corporations, and offices for the fiscal
year ending September 30, 2004, and for other purposes; as follows:

It is the sense of the Senate that human dosing studies of
pesticides raises ethical and health questions.
______

SA 2187. Mr. McCAIN submitted an amendment intended to be proposed to
amendment SA 2150 proposed by Mr. Bond (for himself and Ms. Mikulski)
to the bill H.R. 2861, making appropriations for the Departments of
Veterans Affairs and Housing and Urban Development, and for sundry
independent agencies, boards, commissions, corporations, and offices
for the fiscal year ending September 30, 2004, and for other purposes;
which was ordered to lie on the table; as follows:

On page 109, beginning with line 21, strike through
``$7,730,507,000,'' in line 23 on page 110 and insert the
following:

$7,663,700,000, to remain available until September 30, 2005,
of which no less than $3,968,000,000 shall be available for
activities related to the Space Shuttle and shall not be
available for transfer to any other program or account, and
no more than $1,588,600,000 shall be available for activities
related to the International Space Station, of which
$81,600,000 shall be derived from reductions in the following
amounts and for the following projects, as specified in
Senate Report 108-143, which amounts are unauthorized by law
or unrequested by the President:
(1) $1,000,000 to Utah State University, Logan, Utah for
the Calibration Center.
(2) $1,500,000 to Montana State University-Bozeman for the
Center for Studying Life in Extreme Environments.
(3) $750,000 to Montana State University-Bozeman for the
Space Science and Engineering Lab.
(4) $1,000,000 to the University of Idaho in Moscow, Idaho
for advanced microelectronics and biomolecular research.
(5) $2,000,000 to New Mexico State University for the
ultra-long balloon program to augment planned flights and
technology development.
(6) $2,000,000 to Texas Tech University in Lubbock, Texas,
for equipment at the Experimental Sciences Building.
(7) $1,000,000 to the University of Texas, Austin for
nanomedicine.
(8) $1,000,000 to Texas A&M University in College Station
for the Space Engineering Institute.
(9) $1,400,000 to the University of New Orleans, Louisiana
for the Composites Research Center of Excellence and for the
development of advanced metallic joining technologies at
Michoud Space Center.
(10) $2,500,000 to Marshall University, Bridgeport, West
Virginia for the Hubble Telescope Project.
(11) $2,300,000 to the University of North Dakota, Grand
Forks, North Dakota for the Northern Great Plains Space
Science and Technology Center.
(12) $2,000,000 for University of Maryland, Baltimore
County for photonics research.
(13) $1,500,000 to George Mason University, Fairfax,
Virginia for the Center for Earth Observing and Space
Research Mid-Atlantic Geospatial Information Consortium.
(14) $1,000,000 to Utah State University, Logan, Utah for
the Intermountain Region Digital Image Archive and Processing
Center.
(15) $2,500,000 to the University of Mississippi for the
Enterprise for Innovative Geospatial Solutions.
(16) $2,000,000 to Mississippi State University for the
Geospatial and Natural Resources Institute.
(17) $1,600,000 to the University of New Mexico for the
Center for Rapid Environmental Assessment and Terrain
Evaluation.
(18) $3,000,000 for the University of Alaska for weather
and ocean research.
(19) $1,000,000 for the Pacific Northwest Collaboratory at
the Pacific Northwest National Laboratory to demonstrate
real-time applications of earth science data.
(20) $1,000,000 to Glenn Research Center for the John Glenn
Biomedical Engineering Consortium.
(21) $1,250,000 to Space Sciences Inc. in Montana for
microgravity related pharmaceutical development.

[[Page S14846]]

(22) $2,000,000 for the University of Missouri
Bioinformatics Consortium for equipment purchase.
(23) $1,500,000 for Truman State University Life Sciences
for laboratory equipment.
(24) $5,000,000 for the development of an aeronautics
research budget covering the next 5 years allocated to the
National Institute for Aerospace located in Hampton,
Virginia, for contracting with industry and academia to
prepare such a budget plan no later than March 1, 2004.
(25) $3,000,000 to Wichita State University, Wichita,
Kansas for the National Center for Composite Materials
Performance.
(26) $1,000,000 to Wichita State University, Wichita,
Kansas, for the Critical Aircraft Icing project.
(27) $1,000,000 to the Delaware Aerospace Education and
Foundation, Kent County, Delaware.
(28) $2,000,000 to Wheeling Jesuit University for the
National Technology Transfer Center.
(29) $600,000 to the Challenger Center in Kenai, Alaska.
(30) $1,000,000 to the Virginia Commonwealth University,
Richmond, Virginia for advance research in batteries and fuel
cells.
(31) $1,500,000 to the University of Montana in Missoula,
Montana for the National Space Privatization Program.
(32) $2,000,000 for the Denver Museum of Nature and Science
in Denver, Colorado for equipment for the Space Sciences
Museum.
(33) $1,500,000 for the Adventure Science Center in
Nashville, Tennessee for the Sudekum Planetarium.
(34) $500,000 for the University of Northern Iowa in Cedar
Falls, Iowa for the Existing Business Enhancement Program.
(35) $1,300,000 for Iowa State University for the PIPELINES
Project.
(36) $1,000,000 for the Metropolitan School District of
Decatur Township Indiana for the Challenger Learning Center
Expansion.
(37) $1,700,000 for Northern Kentucky University/University
of Louisville for a digital science center.
(38) $2,000,000 for the University of Alabama in Huntsville
for the Center for Modeling Simulation and Analysis.
(39) $1,000,000 for the Oregon Museum of Science and
Industry for the space science education distance learning
program.
(40) $1,000,000 for Southeast Missouri State University for
the NASA ERSC Outreach Project.
(41) $1,500,000 for Dominican University's Center for
Science and Technology for project based learning.
(42) $200,000 to Wheeling Jesuit University in West
Virginia for Classroom of the Future.
(43) $2,000,000 to the University of Connecticut for the
Center for Land Use Education and Research.
(44) $2,000,000 to Iowa State University, Ames, Iowa for
non-destructive evaluation studies.
(45) $500,000 to the Des Moines Science Center, Des Moines,
Iowa.
(46) $2,000,000 for the School of Science and Mathematics
at the College of Charleston, Charleston, South Carolina.
(47) $3,000,000 to the University of Hawaii, Hilo for the
Mauna Kea Astronomy Education Center.
(48) $1,500,000 to Space Education Initiative, Wisconsin
for the Wisconsin Geoscience Education initiative.
(49) $1,000,000 to the Youth Achievers Committee of New
Jersey, Burlington County, New Jersey for the Youth
Achievement Committee Science and Math Initiative.
(50) $500,000 to the University of Vermont, Burlington,
Vermont for the Center for Advanced Computing.
(51) $1,000,000 to Wayne State University, Detroit,
Michigan for the Center of Smart Sensors and Integrated
Microsystems.
(52) $1,000,000 for Wellpinit School District in Wellpinit,
Washington for the Virtual Classroom Project.
(53) $1,500,000 for the Mitchell Institute, Portland,
Maine, for science and engineering education.

Science, Aeronautics and Exploration

(Including Transfer of Funds)

For necessary expenses, not otherwise provided for, in the
conduct and support of science, aeronautics and exploration
research and development activities, including research,
development, operations, support and services; maintenance;
construction of facilities including repair, rehabilitation,
revitalization, and modification of facilities, construction
of new facilities and additions to existing facilities,
facility planning and design, and restoration, and
acquisition or condemnation of real property, as authorized
by law; environmental compliance and restoration; space
flight, spacecraft control and communications activities
including operations, production, and services; program
management; personnel and related costs, including uniforms
or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
travel expenses; purchase and hire of passenger motor
vehicles; not to exceed $35,000 for official reception and
representation expenses; and purchase, lease, charter,
maintenance and operation of mission and administrative
aircraft, $7,648,907,000,
______

SA 2188. Mr. INHOFE submitted an amendment intended to be proposed to
amendment SA 2150 proposed by Mr. Bond (for himself and Ms. Mikulski)
to the bill H.R. 2861, making appropriations for the Departments of
Veterans Affairs and Housing and Urban Development, and for sundry
independent agencies, boards, commissions, corporations, and offices
for the fiscal year ending September 30, 2004, and for other purposes;
which was ordered to lie on the table; as follows:

On page 125, between lines 7 and 8, insert the following:

TITLE V--SECURITY OF WASTEWATER TREATMENT WORKS

SEC. 501. SHORT TITLE.

This title may be cited as the ``Wastewater Treatment Works
Security Act of 2003''.

SEC. 502. WASTEWATER TREATMENT WORKS SECURITY.

Title II of the Federal Water Pollution Control Act (33
U.S.C. 1281 et seq.) is amended by adding at the end the
following:

``SEC. 222. WASTEWATER TREATMENT WORKS SECURITY.

``(a) Definition of Vulnerability Assessment.--
``(1) In general.--In this section, the term `vulnerability
assessment' means an assessment of the vulnerability of a
treatment works to an unlawful action intended--
``(A) to substantially disrupt the ability of the treatment
works to safely and reliably operate; or
``(B) to have a substantial adverse effect on critical
infrastructure, public health or safety, or the environment.
``(2) Inclusions.--The term `vulnerability assessment'
includes--
``(A) a review of the vulnerabilities of the treatment
works that identifies, with respect to the treatment works--
``(i) facilities, systems, and devices used in the storage,
treatment, recycling, or reclamation of municipal sewage or
industrial wastes;
``(ii) intercepting sewers, outfall sewers, sewage
collection systems, and other constructed conveyances;
``(iii) electronic, computer, and other automated systems;
``(iv) pumping, power, and other equipment;
``(v) use, storage, and handling of various chemicals; and
``(vi) operation and maintenance procedures; and
``(B) the identification of procedures, countermeasures,
and equipment that a treatment works may implement or use to
reduce the vulnerabilities of the treatment works identified
in a review described in subparagraph (A).
``(b) Grants for Vulnerability Assessments and Security
Enhancements.--The Administrator may provide grants to a
State, municipality, or intermunicipal or interstate agency--
``(1) to conduct a vulnerability assessment of a publicly
owned treatment works; and
``(2) to implement security enhancements described in
subsection (c)(1) and other security enhancements to reduce
vulnerabilities identified in a vulnerability assessment.
``(c) Grants for Security Enhancements.--
``(1) Preapproved security enhancements.--Except as
provided in paragraph (3), on certification by an applicant
that a vulnerability assessment has been completed for a
treatment works, and that the security enhancement for which
assistance is sought is for the purpose of reducing
vulnerabilities of the treatment works identified in the
vulnerability assessment, the Administrator may provide
grants to the applicant under subsection (b)(2) for 1 or more
of the uses described in paragraph (2).
``(2) Uses of grant funds.--The uses referred to in
paragraph (1) are--
``(A) the purchase and installation of equipment for
materials and activities relating to access control,
intrusion prevention and delay, and detection of intruders
and hazardous or dangerous substances, including--
``(i) barriers, fencing, and gates;
``(ii) security lighting and cameras;
``(iii) metal grates, wire mesh, and outfall entry
barriers;
``(iv) securing of manhole covers and fill and vent pipes;
``(v) installation and rekeying of doors and locks; and
``(vi) smoke, chemical, and explosive mixture detection
systems;
``(B) the conduct of an activity to improve the security
for electronic, computer, or other automated systems and
remote security systems, including--
``(i) controlling access to those systems;
``(ii) intrusion detection and prevention; and
``(iii) system backup;
``(C) participation in a training program, and the purchase
of training manuals and guidance material, relating to
security; and
``(D) the conduct of security screening of employees or
contractor support services.
``(3) Additional security enhancements.--
``(A) Grants.--The Administrator may provide a grant under
subsection (b) to an applicant for additional security
enhancements not specified in paragraph (2).
``(B) Eligibility.--To be eligible for a grant under this
subsection, an applicant shall--
``(i) submit to the Administrator an application containing
a description of the security enhancement; and
``(ii) obtain approval of the application by the
Administrator.
``(4) Limitations.--

[[Page S14847]]

``(A) Use of funds.--A grant provided under subsection (b)
shall not be used for--
``(i) payment of personnel costs; or
``(ii) operation or maintenance of facilities, equipment,
or systems.
``(B) Disclosure of vulnerability assessment.--As a
condition of applying for or receiving a grant under this
subsection, the Administrator may not require an applicant to
provide the Administrator with a copy of a vulnerability
assessment.
``(d) Grant Amounts.--
``(1) Federal share.--The Federal share of the cost of an
activity funded by a grant under subsection (b) shall not
exceed 75 percent, as determined by the Administrator.
``(2) Maximum amount.--The total amount of grants made
under subsection (b) for any publicly owned treatment works
shall not exceed $150,000, as determined by the
Administrator.
``(e) Technical Assistance for Small Publicly Owned
Treatment Works.--
``(1) Definition of small publicly owned treatment works.--
In this subsection, the term `small publicly owned treatment
works' means a publicly owned treatment works that services a
population of fewer than 20,000 individuals.
``(2) Security assessment and planning assistance.--
``(A) In general.--The Administrator, in coordination with
the States, may provide technical guidance and assistance to
small publicly owned treatment works for--
``(i) the conduct of a vulnerability assessment; and
``(ii) the implementation of security enhancements to
reduce vulnerabilities identified in a vulnerability
assessment.
``(B) Inclusions.--Technical guidance and assistance
provided under subparagraph (A) may include technical
assistance programs, training, and preliminary engineering
evaluations.
``(3) Participation by nonprofit organizations.--The
Administrator may provide grants to nonprofit organizations
to assist in accomplishing the purposes of this subsection.
``(f) Refinement of Vulnerability Assessment Methodology
for Publicly Owned Treatment Works.--
``(1) Grants.--The Administrator may provide to nonprofit
organizations 1 or more grants to be used in improving
vulnerability assessment methodologies and tools for publicly
owned treatment works, including publicly owned treatment
works that are part of a combined public wastewater treatment
and water supply system.
``(2) Eligible activities.--A grant provided under this
subsection may be used--
``(A) to develop and distribute vulnerability self-
assessment methodology software upgrades;
``(B) to improve and enhance critical technical and user
support functions;
``(C) to expand libraries of information addressing threats
and countermeasures; and
``(D) to implement user training initiatives.
``(3) Cost.--A service described in paragraph (2) that is
funded by a grant under this subsection shall be provided at
no cost to the recipients of the service.
``(g) Authorization of Appropriations.--There is authorized
to be appropriated, to remain available until expended--
``(1) $200,000,000 for use in making grants under
subsection (b);
``(2) $15,000,000 for use in providing assistance under
subsection (e); and
``(3) to carry out subsection (f), $1,000,000 for each of
fiscal years 2003 through 2007.''.

SEC. 503. RESEARCH AND REVIEW.

Title II of the Federal Water Pollution Control Act (33
U.S.C. 1281 et seq.) (as amended by section 502) is amended
by adding at the end the following:

``SEC. 223. RESEARCH AND REVIEW.

``(a) Definitions.--In this section:
``(1) Covered treatment works.--The term `covered treatment
works' has the meaning given the term `treatment works' in
section 212.
``(2) Harmful intentional act.--The term `harmful
intentional act' means a terrorist attack or other
intentional act carried out with respect to a covered
treatment works that is intended--
``(A) to substantially disrupt the ability of the covered
treatment works to provide safe and reliable--
``(i) conveyance and treatment of wastewater;
``(ii) disposal of effluent; or
``(iii) storage of a potentially hazardous chemical used to
treat wastewater;
``(B) to damage critical infrastructure;
``(C) to have an adverse effect on the environment; or
``(D) to otherwise pose a significant threat to public
health or safety.
``(b) Review by Administrator.--Not later than 2 years
after the date of enactment of this section, the
Administrator, in coordination with appropriate Federal
agencies, shall research and review (or enter into a contract
or cooperative agreement to provide for research and review
of)--
``(1) means by which terrorists or other individuals or
groups could carry out harmful intentional acts; and
``(2) means by which alternative processes of conveying,
treating, and disposing of wastewater could be provided in
the event of the destruction, impairment, or disruption of
covered treatment works as the result of harmful intentional
acts.
``(c) Means of Carrying Out Harmful Intentional Acts.--
Means referred to in subsection (b)(1) include--
``(1) means by which pipes and other constructed
conveyances used in covered treatment works could be
destroyed or otherwise prevented from providing adequate
conveyance, pretreatment, treatment, and disposal of
wastewater meeting applicable public health standards;
``(2) means by which conveyance, pretreatment, treatment,
storage, and disposal facilities used by, or in connection
with, covered treatment works could be destroyed or otherwise
prevented from providing adequate treatment of wastewater
meeting applicable public health standards;
``(3) means by which pipes, constructed conveyances,
pretreatment, treatment, storage, and disposal systems that
are used in connection with treatment works could be altered
or affected so as to pose a threat to public health, public
safety, or the environment;
``(4) means by which pipes, constructed conveyances,
pretreatment, treatment, storage, and disposal systems that
are used in connection with covered treatment works could be
reasonably protected from harmful intentional acts;
``(5) means by which pipes, constructed conveyances,
pretreatment, treatment, storage, and disposal systems could
be reasonably secured from use as a means of transportation
by terrorists or other individuals or groups who intend to
threaten public health or safety; and
``(6) means by which information systems, including process
controls and supervisory control, data acquisition, and cyber
systems, at covered treatment works could be disrupted by
terrorists or other individuals or groups.
``(d) Considerations.--In carrying out the review under
this section, the Administrator--
``(1) shall ensure that the review reflects the needs of
covered treatment works of various sizes and various
geographic areas of the United States; and
``(2) may consider the vulnerability of, or potential for
forced interruption of service for, a region or service area,
including the National Capital Area.
``(e) Information Sharing.--As soon as practicable after
the review carried out under this section has been evaluated
by the Administrator, the Administrator shall disseminate to
covered treatment works information on the results of the
review through the Information Sharing and Analysis Center or
other appropriate means.
``(f) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $15,000,000 for
the period of fiscal years 2004 through 2008.''.

SEC. 504. FUNDING.

Notwithstanding any other provision of this Act, of the
amounts made available by this Act to the Administrator of
the Environmental Protection Agency for security purposes,
the Administrator may use such sums as are necessary to
provide grants under section 222(b) of the Federal Water
Pollution Control Act (as added by section 502).
______

SA 2189. Mr. INHOFE submitted an amendment intended to be proposed to
amendment SA 2150 proposed by Mr. Bond (for himself and Ms. Mikulski)
to the bill H.R. 2861, making appropriations for the Departments of
Veterans Affairs and Housing and Urban Development, and for sundry
independent agencies, boards, commissions, corporations, and offices
for the fiscal year ending September 30, 2004, and for other purposes;
which was ordered to lie on the table; as follows:

On page 106, between lines 20 and 21, insert the following:

SEC. __. DESIGNATIONS OF AREAS FOR PM<inf>2.5</inf> AND
SUBMISSION OF IMPLEMENTATION PLANS FOR REGIONAL
HAZE.

(a) In General.--Section 107(d) of the Clean Air Act (42
U.S.C. 7407(d)) is amended by adding at the end the
following:
``(6) Designations.--
``(A) Submission.--Notwithstanding any other provision of
law, not later than February 15, 2004, the Governor of each
State shall submit designations referred to in paragraph (1)
for the July 1997 PM<inf>2.5</inf> national ambient air
quality standards for each area within the State, based on
air quality monitoring data collected in accordance with any
applicable Federal reference methods for the relevant areas.
``(B) Promulgation.--Notwithstanding any other provision of
law, not later than December 31, 2004, the Administrator
shall, consistent with paragraph (1), promulgate the
designations referred to in subparagraph (A) for each area of
each State for the July 1997 PM<inf>2.5</inf> national
ambient air quality standards.
``(7) Implementation plan for regional haze.--
``(A) In general.--Notwithstanding any other provision of
law, not later than 3 years after the date on which the
Administrator promulgates the designations referred to in
paragraph (6)(B) for a State, the State shall submit, for the
entire State, the State implementation plan revisions to meet
the requirements promulgated by the Administrator under
section 169B(e)(1) (referred to in this paragraph as
`regional haze requirements').

[[Page S14848]]

``(B) No preclusion of other provisions.--Nothing in this
paragraph precludes the implementation of the agreements and
recommendations stemming from the Grand Canyon Visibility
Transport Commission Report dated June 1996, including the
submission of State implementation plan revisions by the
States of Arizona, California, Colorado, Idaho, Nevada, New
Mexico, Oregon, Utah, or Wyoming by December 31, 2003, for
implementation of regional haze requirements applicable to
those States.''.
(b) Relationship to Transportation Equity Act for the 21st
Century.--Except as provided in paragraphs (6) and (7) of
section 107(d) of the Clean Air Act (as added by subsection
(a)), section 6101, subsections (a) and (b) of section 6102,
and section 6103 of the Transportation Equity Act for the
21st Century (42 U.S.C. 7407 note; 112 Stat. 463), as in
effect on the day before the date of enactment of this Act,
shall remain in effect.
______

SA 2190. Mr. GRAHAM of Florida submitted an amendment intended to be
proposed by him to the bill H.R. 2861, making appropriations for the
Departments of Veterans Affairs and Housing and Urban Development, and
for sundry independent agencies, boards, commissions, corporations, and
offices for the fiscal year ending September 30, 2004, and for other
purposes; which was ordered to lie on the table; as follows:

At the end of title I, add the following:
Sec. 116. Provision of Out-Patient Medication Benefit for
Medicare-Eligible Veterans.--Section 1712 of title 38, United
States Code, is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new
subsection (e):
``(e)(1) The Secretary shall furnish to any medicare-
eligible veteran on an out-patient basis such drugs and
medicines as may be ordered on prescription of a duly
licensed physician as specific therapy in the treatment of
any illness or injury suffered by such veteran.
``(2) In this subsection, the term `medicare-eligible
veteran' means any veteran who--
``(A) is entitled to or enrolled in hospital insurance
benefits under part A of title XVIII of the Social Security
Act (42 U.S.C. 1395 et seq.); or
``(B) is enrolled in the supplementary medical insurance
program under part B of such title (42 U.S.C. 1395j et seq.).
``(3) The furnishing of drugs and medicines under this
subsection shall be subject to the provisions of section
1722A(b) of this title.''.
(b) Copayment Requirements.--
(1) In general.--Section 1722A of such title is amended--
(A) in subsection (a)(1), by inserting ``(other than a
veteran covered by subsection (b))'' after ``require a
veteran'';
(B) by redesignating subsections (b), (c), and (d), as
subsections (c), (d), and (e), respectively;
(C) by inserting after subsection (a) the following new
subsection (b):
``(b)(1) In the case of a veteran who is furnished
medications on an out-patient basis under section 1712(e) of
this title, the Secretary shall require the veteran to pay,
at the election of the Secretary, one or more of the
following:
``(A) An annual enrollment fee in an amount determined
appropriate by the Secretary.
``(B) A copayment for each 30-day supply of such
medications in an amount determined appropriate by the
Secretary.
``(C) An amount equal to the cost to the Secretary of such
medications, as determined by the Secretary.
``(2)(A) In determining the amounts to be paid by a veteran
under paragraph (1), and the basis of payment under one or
more subparagraphs of that paragraph, the Secretary shall
ensure that the total amount paid by veterans for medications
under that paragraph in a year is not less than the costs of
the Department in furnishing medications to veterans under
section 1712(e) of this title during that year, including the
cost of purchasing and furnishing medications, and other
costs of administering that section.
``(B) The Secretary shall take appropriate actions to
ensure, to the maximum extent practicable, that amounts paid
by veterans under paragraph (1) in a year are equal to the
costs of the Department referred to in subparagraph (A) in
that year.
``(3) In determining amounts under paragraph (1), the
Secretary may take into account the following:
``(A) Whether or not the medications furnished are generic
medications or brand name medications.
``(B) Whether or not the medications are furnished by mail.
``(C) Whether or not the medications furnished are listed
on the National Prescription Drug Formulary of the
Department.
``(D) Any other matters the Secretary considers
appropriate.
``(4) The Secretary may from time to time adjust any amount
determined by the Secretary under paragraph (1), as
previously adjusted under this paragraph, in order to meet
the purpose specified in paragraph (2).''; and
(D) in subsection (d), as so redesignated--
(i) by striking ``subsection (a)'' and inserting
``subsections (a) and (b)''; and
(ii) by striking ``subsection (b)'' and inserting
``subsection (c)''.
(2) Deposit of collections in medical care collections
fund.--Paragraph (4) of section 1729A(b) of such title is
amended to read as follows:
``(4) Subsection (a) or (b) of section 1722A of this
title.''.
(c) Clerical Amendments.--(1) The heading for section 1712
of such title is amended by striking ``for certain disabled
veterans''.
(2) The table of sections at the beginning of chapter 17 of
such title is amended in the item relating to section 1712 by
striking ``for certain disabled veterans''.

____________________