S.Amdt. 2215Senate108th Congress (2003-2005)
To improve the bill.
Sponsored by 
Sen. James M. Inhofe (R-OK)
Sen. James M. Inhofe (R-OK)Submitted November 24, 2003
Legislative Activity
Stay on top of the latest movement without scrolling through every action
Floor
Latest Action
Senate amendment submitted
November 24, 2003
View full timeline
Floor
Senate amendment submitted
November 24, 2003
Floor
Senate amendment agreed to: Amendment SA 2215 agreed to in Senate by Unanimous Consent.
November 24, 2003
Floor
Senate amendment proposed (on the floor): Amendment SA 2215 proposed by Senator Ensign for Senator Inhofe.(consideration: CR S15873; text: CR S15873)
November 24, 2003
Floor
Amendment SA 2215 proposed by Senator Ensign for Senator Inhofe. (consideration: CR S15873; text: CR S15873) To improve the bill.
November 24, 2003
Floor
Amendment SA 2215 agreed to in Senate by Unanimous Consent.
November 24, 2003
Text
Submitted
TEXT OF AMENDMENTS
SA 2212. Mr. HATCH submitted an amendment intended to be proposed by
him to the bill H.R. 2799, making appropriations for the Departments of
Commerce, Justice, and State, the Judiciary, and related agencies for
the fiscal year ending September 30, 2004, and for other purposes;
which was ordered to lie on the table; as follows:
On page 54, beginning on line 1, strike all through line 7.
______
SA 2213. Mr. HATCH submitted an amendment intended to be proposed by
him to the bill H.R. 2799, making appropriations for the Departments of
Commerce, Justice, and State, the Judiciary, and related agencies for
the fiscal year ending September 30, 2004, and for other purposes;
which was ordered to lie on the table; as follows:
On page 30, line 10, strike ``$36,994,000'' and insert
``$41,994,000''.
______
SA 2214. Mr. ENSIGN (for Mr. Voinovich (for himself and Mr. Carper))
proposed an amendment to the bill S. 610, to amend the provisions of
title 5, United States Code, to provide for workforce flexibilities and
certain Federal personnel provisions relating to the National
Aeronautics and Space Administration, and for other purposes; as
follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``NASA Flexibility Act of
2003''.
SEC. 2. COMPENSATION FOR CERTAIN EXCEPTED PERSONNEL.
(a) In General.--Subparagraph (A) of section 203(c)(2) of
the National Aeronautics and Space Act of 1958 (42 U.S.C.
2473(c)(2)(A)) is amended by striking ``the highest rate of
grade 18 of the General Schedule of the Classification Act of
1949, as amended,'' and inserting ``the rate of basic pay
payable for level III of the Executive Schedule,''.
(b) Effective Date.--The amendment made by this section
shall take effect on the first day of the first pay period
beginning on or after the date of enactment of this Act.
SEC. 3. WORKFORCE AUTHORITIES.
(a) In General.--Subpart I of part III of title 5, United
States Code, is amended by inserting after chapter 97, as
added by section 841(a)(2) of the Homeland Security Act of
2002 (Public Law 107-296; 116 Stat. 2229), the following:
``CHAPTER 98--NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
``Sec.
``9801. Definitions.
``9802. Planning, notification, and reporting requirements.
``9803. Restrictions.
``9804. Recruitment, redesignation, and relocation bonuses.
``9805. Retention bonuses.
``9806. Term appointments.
``9807. Pay authority for critical positions.
``9808. Assignments of intergovernmental personnel.
``9809. Science and technology scholarship program.
``9810. Distinguished scholar appointment authority.
``9811. Travel and transportation expenses of certain new appointees
``9812. Annual leave enhancements.
``9813. Limited appointments to Senior Executive Service positions.
``9814. Qualifications pay.
``9815. Reporting requirement.
``Sec. 9801. Definitions
``For purposes of this chapter--
``(1) the term `Administration' means the National
Aeronautics and Space Administration;
``(2) the term `Administrator' means the Administrator of
the National Aeronautics and Space Administration;
``(3) the term `critical need' means a specific and
important safety, management, engineering, science, research,
or operations requirement of the Administration's mission
that the Administration is unable to fulfill because the
Administration lacks the appropriate employees because--
``(A) of the inability to fill positions; or
``(B) employees do not possess the requisite skills;
``(4) the term `employee' means an individual employed in
or under the Administration;
``(5) the term `workforce plan' means the plan required
under section 9802(a);
``(6) the term `appropriate committees of Congress' means--
``(A) the Committees on Government Reform, Science, and
Appropriations of the House of Representatives; and
``(B) the Committees on Governmental Affairs, Commerce,
Science, and Transportation, and Appropriations of the
Senate;
``(7) the term `redesignation bonus' means a bonus under
section 9804 paid to an individual described in subsection
(a)(2) thereof;
``(8) the term `supervisor' has the meaning given such term
by section 7103(a)(10); and
``(9) the term `management official' has the meaning given
such term by section 7103(a)(11).
``Sec. 9802. Planning, notification, and reporting
requirements
``(a) Not later than 90 days before exercising any of the
workforce authorities made available under this chapter, the
Administrator shall submit a written plan to the appropriate
committees of Congress. Such plan shall be approved by the
Office of Personnel Management.
``(b) A workforce plan shall include a description of--
``(1) each critical need of the Administration and the
criteria used in the identification of that need;
``(2)(A) the functions, approximate number, and classes or
other categories of positions or employees that--
``(i) address critical needs; and
``(ii) would be eligible for each authority proposed to be
exercised under this chapter; and
``(B) how the exercise of those authorities with respect to
the eligible positions or employees involved would address
each critical need identified under paragraph (1);
``(3)(A) any critical need identified under paragraph (1)
which would not be addressed by the authorities made
available under this chapter; and
``(B) the reasons why those needs would not be so
addressed;
``(4) the specific criteria to be used in determining which
individuals may receive the benefits described under sections
9804 and 9805 (including the criteria for granting bonuses in
the absence of a critical need), and how the level of those
benefits will be determined;
``(5) the safeguards or other measures that will be applied
to ensure that this chapter is carried out in a manner
consistent with merit system principles;
``(6) the means by which employees will be afforded the
notification required under subsections (c) and (d)(1)(B);
``(7) the methods that will be used to determine if the
authorities exercised under this chapter have successfully
addressed each critical need identified under paragraph (1);
``(8)(A) the recruitment methods used by the Administration
before the enactment of this chapter to recruit highly
qualified individuals; and
``(B) the changes the Administration will implement after
the enactment of this chapter in order to improve its
recruitment of
[[Page S15846]]
highly qualified individuals, including how it intends to
use--
``(i) nongovernmental recruitment or placement agencies;
and
``(ii) Internet technologies; and
``(9) any workforce-related reforms required to resolve the
findings and recommendations of the Columbia Accident
Investigation Board, the extent to which those
recommendations were accepted, and, if necessary, the reasons
why any of those recommendations were not accepted.
``(c) Not later than 60 days before first exercising any of
the workforce authorities made available under this chapter,
the Administrator shall provide to all employees the
workforce plan and any additional information which the
Administrator considers appropriate.
``(d)(1)(A) The Administrator may from time to time modify
the workforce plan. Any modification to the workforce plan
shall be submitted to the Office of Personnel Management for
approval by the Office before the modification may be
implemented.
``(B) Not later than 60 days before implementing any such
modifications, the Administrator shall provide an
appropriately modified plan to all employees of the
Administration and to the appropriate committees of Congress.
``(2) Any reference in this chapter or any other provision
of law to the workforce plan shall be considered to include
any modification made in accordance with this subsection.
``(e) Before submitting any written plan under subsection
(a) (or modification under subsection (d)) to the Office of
Personnel Management, the Administrator shall--
``(1) provide to each employee representative representing
any employees who might be affected by such plan (or
modification) a copy of the proposed plan (or modification);
``(2) give each representative 30 calendar days (unless
extraordinary circumstances require earlier action) to review
and make recommendations with respect to the proposed plan
(or modification); and
``(3) give any recommendations received from any such
representatives under paragraph (2) full and fair
consideration in deciding whether or how to proceed with
respect to the proposed plan (or modification).
``(f) None of the workforce authorities made available
under this chapter may be exercised in a manner inconsistent
with the workforce plan.
``(g) Whenever the Administration submits its performance
plan under section 1115 of title 31 to the Office of
Management and Budget for any year, the Administration shall
at the same time submit a copy of such plan to the
appropriate committees of Congress.
``(h) Not later than 6 years after the date of enactment of
this chapter, the Administrator shall submit to the
appropriate committees of Congress an evaluation and analysis
of the actions taken by the Administration under this
chapter, including--
``(1) an evaluation, using the methods described in
subsection (b)(7), of whether the authorities exercised under
this chapter successfully addressed each critical need
identified under subsection (b)(1);
``(2) to the extent that they did not, an explanation of
the reasons why any critical need (apart from the ones under
subsection (b)(3)) was not successfully addressed; and
``(3) recommendations for how the Administration could
address any remaining critical need and could prevent those
that have been addressed from recurring.
``(i) The budget request for the Administration for the
first fiscal year beginning after the date of enactment of
this chapter and for each fiscal year thereafter shall
include a statement of the total amount of appropriations
requested for such fiscal year to carry out this chapter.
``Sec. 9803. Restrictions
``(a) None of the workforce authorities made available
under this chapter may be exercised with respect to any
officer who is appointed by the President, by and with the
advice and consent of the Senate.
``(b) Unless specifically stated otherwise, all workforce
authorities made available under this chapter shall be
subject to section 5307.
``(c)(1) None of the workforce authorities made available
under section 9804, 9805, 9806, 9807, 9809, 9812, 9813, 9814,
or 9815 may be exercised with respect to a political
appointee.
``(2) For purposes of this subsection, the term `political
appointee' means an employee who holds--
``(A) a position which has been excepted from the
competitive service by reason of its confidential, policy-
determining, policy-making, or policy-advocating character;
or
``(B) a position in the Senior Executive Service as a
noncareer appointee (as such term is defined in section
3132(a)).
``Sec. 9804. Recruitment, redesignation, and relocation
bonuses
``(a) Notwithstanding section 5753, the Administrator may
pay a bonus to an individual, in accordance with the
workforce plan and subject to the limitations in this
section, if--
``(1) the Administrator determines that the Administration
would be likely, in the absence of a bonus, to encounter
difficulty in filling a position; and
``(2) the individual--
``(A) is newly appointed as an employee of the Federal
Government;
``(B) is currently employed by the Federal Government and
is newly appointed to another position in the same geographic
area; or
``(C) is currently employed by the Federal Government and
is required to relocate to a different geographic area to
accept a position with the Administration.
``(b) If the position is described as addressing a critical
need in the workforce plan under section 9802(b)(2)(A), the
amount of a bonus may not exceed--
``(1) 50 percent of the employee's annual rate of basic pay
(including comparability payments under sections 5304 and
5304a) as of the beginning of the service period multiplied
by the service period specified under subsection
(d)(1)(B)(i); or
``(2) 100 percent of the employee's annual rate of basic
pay (including comparability payments under sections 5304 and
5304a) as of the beginning of the service period.
``(c) If the position is not described as addressing a
critical need in the workforce plan under section
9802(b)(2)(A), the amount of a bonus may not exceed 25
percent of the employee's annual rate of basic pay (excluding
comparability payments under sections 5304 and 5304a) as of
the beginning of the service period.
``(d)(1)(A) Payment of a bonus under this section shall be
contingent upon the individual entering into a service
agreement with the Administration.
``(B) At a minimum, the service agreement shall include--
``(i) the required service period;
``(ii) the method of payment, including a payment schedule,
which may include a lump-sum payment, installment payments,
or a combination thereof;
``(iii) the amount of the bonus and the basis for
calculating that amount; and
``(iv) the conditions under which the agreement may be
terminated before the agreed-upon service period has been
completed, and the effect of the termination.
``(2) For purposes of determinations under subsections
(b)(1) and (c)(1), the employee's service period shall be
expressed as the number equal to the full years and twelfth
parts thereof, rounding the fractional part of a month to the
nearest twelfth part of a year. The service period may not be
less than 6 months and may not exceed 4 years.
``(3) A bonus under this section may not be considered to
be part of the basic pay of an employee.
``(e) Before paying a bonus under this section, the
Administration shall establish a plan for paying recruitment,
redesignation, and relocation bonuses, subject to approval by
the Office of Personnel Management.
``(f) No more than 25 percent of the total amount in
bonuses awarded under subsection (a) in any year may be
awarded to supervisors or management officials.
``Sec. 9805. Retention bonuses
``(a) Notwithstanding section 5754, the Administrator may
pay a bonus to an employee, in accordance with the workforce
plan and subject to the limitations in this section, if the
Administrator determines that--
``(1) the unusually high or unique qualifications of the
employee or a special need of the Administration for the
employee's services makes it essential to retain the
employee; and
``(2) the employee would be likely to leave in the absence
of a retention bonus.
``(b) If the position is described as addressing a critical
need in the workforce plan under section 9802(b)(2)(A), the
amount of a bonus may not exceed 50 percent of the employee's
annual rate of basic pay (including comparability payments
under sections 5304 and 5304a).
``(c) If the position is not described as addressing a
critical need in the workforce plan under section
9802(b)(2)(A), the amount of a bonus may not exceed 25
percent of the employee's annual rate of basic pay (excluding
comparability payments under sections 5304 and 5304a).
``(d)(1)(A) Payment of a bonus under this section shall be
contingent upon the employee entering into a service
agreement with the Administration.
``(B) At a minimum, the service agreement shall include--
``(i) the required service period;
``(ii) the method of payment, including a payment schedule,
which may include a lump-sum payment, installment payments,
or a combination thereof;
``(iii) the amount of the bonus and the basis for
calculating the amount; and
``(iv) the conditions under which the agreement may be
terminated before the agreed-upon service period has been
completed, and the effect of the termination.
``(2) The employee's service period shall be expressed as
the number equal to the full years and twelfth parts thereof,
rounding the fractional part of a month to the nearest
twelfth part of a year. The service period may not be less
than 6 months and may not exceed 4 years.
``(3) Notwithstanding paragraph (1), a service agreement is
not required if the Administration pays a bonus in biweekly
installments and sets the installment payment at the full
bonus percentage rate established for the employee, with no
portion of the bonus deferred. In this case, the
Administration shall inform the employee in writing of any
decision to change the retention bonus payments. The employee
shall continue to accrue entitlement to the retention bonus
through the end of the pay period in which such written
notice is provided.
``(e) A bonus under this section may not be considered to
be part of the basic pay of an employee.
[[Page S15847]]
``(f) An employee is not entitled to a retention bonus
under this section during a service period previously
established for that employee under section 5753 or under
section 9804.
``(g) No more than 25 percent of the total amount in
bonuses awarded under subsection (a) in any year may be
awarded to supervisors or management officials.
``Sec. 9806. Term appointments
``(a) The Administrator may authorize term appointments
within the Administration under subchapter I of chapter 33,
for a period of not less than 1 year and not more than 6
years.
``(b) Notwithstanding chapter 33 or any other provision of
law relating to the examination, certification, and
appointment of individuals in the competitive service, the
Administrator may convert an employee serving under a term
appointment to a permanent appointment in the competitive
service within the Administration without further competition
if--
``(1) such individual was appointed under open, competitive
examination under subchapter I of chapter 33 to the term
position;
``(2) the announcement for the term appointment from which
the conversion is made stated that there was potential for
subsequent conversion to a career-conditional or career
appointment;
``(3) the employee has completed at least 2 years of
current continuous service under a term appointment in the
competitive service;
``(4) the employee's performance under such term
appointment was at least fully successful or equivalent; and
``(5) the position to which such employee is being
converted under this section is in the same occupational
series, is in the same geographic location, and provides no
greater promotion potential than the term position for which
the competitive examination was conducted.
``(c) Notwithstanding chapter 33 or any other provision of
law relating to the examination, certification, and
appointment of individuals in the competitive service, the
Administrator may convert an employee serving under a term
appointment to a permanent appointment in the competitive
service within the Administration through internal
competitive promotion procedures if the conditions under
paragraphs (1) through (4) of subsection (b) are met.
``(d) An employee converted under this section becomes a
career-conditional employee, unless the employee has
otherwise completed the service requirements for career
tenure.
``(e) An employee converted to career or career-conditional
employment under this section acquires competitive status
upon conversion.
``Sec. 9807. Pay authority for critical positions
``(a) In this section, the term `position' means--
``(1) a position to which chapter 51 applies, including a
position in the Senior Executive Service;
``(2) a position under the Executive Schedule under
sections 5312 through 5317;
``(3) a position established under section 3104; or
``(4) a senior-level position to which section 5376(a)(1)
applies.
``(b) Authority under this section--
``(1) may be exercised only with respect to a position
that--
``(A) is described as addressing a critical need in the
workforce plan under section 9802(b)(2)(A); and
``(B) requires expertise of an extremely high level in a
scientific, technical, professional, or administrative field;
``(2) may be exercised only to the extent necessary to
recruit or retain an individual exceptionally well qualified
for the position; and
``(3) may be exercised only in retaining employees of the
Administration or in appointing individuals who were not
employees of another Federal agency as defined under section
5102(a)(1).
``(c)(1) Notwithstanding section 5377, the Administrator
may fix the rate of basic pay for a position in the
Administration in accordance with this section. The
Administrator may not delegate this authority.
``(2) The number of positions with pay fixed under this
section may not exceed 10 at any time.
``(d)(1) The rate of basic pay fixed under this section may
not be less than the rate of basic pay (including any
comparability payments) which would otherwise be payable for
the position involved if this section had never been enacted.
``(2) The annual rate of basic pay fixed under this section
may not exceed the per annum rate of salary payable under
section 104 of title 3.
``(3) Notwithstanding any provision of section 5307, in the
case of an employee who, during any calendar year, is
receiving pay at a rate fixed under this section, no
allowance, differential, bonus, award, or similar cash
payment may be paid to such employee if, or to the extent
that, when added to basic pay paid or payable to such
employee (for service performed in such calendar year as an
employee in the executive branch or as an employee outside
the executive branch to whom chapter 51 applies), such
payment would cause the total to exceed the per annum rate of
salary which, as of the end of such calendar year, is payable
under section 104 of title 3.
``Sec. 9808. Assignments of intergovernmental personnel
``For purposes of applying the third sentence of section
3372(a) (relating to the authority of the head of a Federal
agency to extend the period of an employee's assignment to or
from a State or local government, institution of higher
education, or other organization), the Administrator may,
with the concurrence of the employee and the government or
organization concerned, take any action which would be
allowable if such sentence had been amended by striking `two'
and inserting `four'.
``Sec. 9809. Science and technology scholarship program
``(a)(1) The Administrator shall establish a National
Aeronautics and Space Administration Science and Technology
Scholarship Program to award scholarships to individuals that
is designed to recruit and prepare students for careers in
the Administration.
``(2) Individuals shall be selected to receive scholarships
under this section through a competitive process primarily on
the basis of academic merit, with consideration given to
financial need and the goal of promoting the participation of
individuals identified in section 33 or 34 of the Science and
Engineering Equal Opportunities Act.
``(3) To carry out the Program the Administrator shall
enter into contractual agreements with individuals selected
under paragraph (2) under which the individuals agree to
serve as full-time employees of the Administration, for the
period described in subsection (f)(1), in positions needed by
the Administration and for which the individuals are
qualified, in exchange for receiving a scholarship.
``(b) In order to be eligible to participate in the
Program, an individual must--
``(1) be enrolled or accepted for enrollment as a full-time
student at an institution of higher education in an academic
field or discipline described in the list made available
under subsection (d);
``(2) be a United States citizen or permanent resident; and
``(3) at the time of the initial scholarship award, not be
an employee (as defined in section 2105).
``(c) An individual seeking a scholarship under this
section shall submit an application to the Administrator at
such time, in such manner, and containing such information,
agreements, or assurances as the Administrator may require.
``(d) The Administrator shall make publicly available a
list of academic programs and fields of study for which
scholarships under the Program may be utilized and shall
update the list as necessary.
``(e)(1) The Administrator may provide a scholarship under
the Program for an academic year if the individual applying
for the scholarship has submitted to the Administrator, as
part of the application required under subsection (c), a
proposed academic program leading to a degree in a program or
field of study on the list made available under subsection
(d).
``(2) An individual may not receive a scholarship under
this section for more than 4 academic years, unless the
Administrator grants a waiver.
``(3) The dollar amount of a scholarship under this section
for an academic year shall be determined under regulations
issued by the Administrator, but shall in no case exceed the
cost of attendance.
``(4) A scholarship provided under this section may be
expended for tuition, fees, and other authorized expenses as
established by the Administrator by regulation.
``(5) The Administrator may enter into a contractual
agreement with an institution of higher education under which
the amounts provided for a scholarship under this section for
tuition, fees, and other authorized expenses are paid
directly to the institution with respect to which the
scholarship is provided.
``(f)(1) The period of service for which an individual
shall be obligated to serve as an employee of the
Administration is, except as provided in subsection (h)(2),
24 months for each academic year for which a scholarship
under this section is provided. Under no circumstances shall
the total period of obligated service be more than 4 years.
``(2)(A) Except as provided in subparagraph (B), obligated
service under paragraph (1) shall begin not later than 60
days after the individual obtains the educational degree for
which the scholarship was provided.
``(B) The Administrator may defer the obligation of an
individual to provide a period of service under paragraph (1)
if the Administrator determines that such a deferral is
appropriate. The Administrator shall prescribe the terms and
conditions under which a service obligation may be deferred
through regulation.
``(g)(1) Scholarship recipients who fail to maintain a high
level of academic standing, as defined by the Administrator
by regulation, who are dismissed from their educational
institutions for disciplinary reasons, or who voluntarily
terminate academic training before graduation from the
educational program for which the scholarship was awarded,
shall be in breach of their contractual agreement and, in
lieu of any service obligation arising under such agreement,
shall be liable to the United States for repayment within 1
year after the date of default of all scholarship funds paid
to them and to the institution of higher education on their
behalf under the agreement, except as provided in subsection
(h)(2). The repayment period may be extended by the
Administrator when determined to be necessary, as established
by regulation.
[[Page S15848]]
``(2) Scholarship recipients who, for any reason, fail to
begin or complete their service obligation after completion
of academic training, or fail to comply with the terms and
conditions of deferment established by the Administrator
pursuant to subsection (f)(2)(B), shall be in breach of their
contractual agreement. When recipients breach their
agreements for the reasons stated in the preceding sentence,
the recipient shall be liable to the United States for an
amount equal to--
``(A) the total amount of scholarships received by such
individual under this section; plus
``(B) the interest on the amounts of such awards which
would be payable if at the time the awards were received they
were loans bearing interest at the maximum legal prevailing
rate, as determined by the Treasurer of the United States,
multiplied by 3.
``(h)(1) Any obligation of an individual incurred under the
Program (or a contractual agreement thereunder) for service
or payment shall be canceled upon the death of the
individual.
``(2) The Administrator shall by regulation provide for the
partial or total waiver or suspension of any obligation of
service or payment incurred by an individual under the
Program (or a contractual agreement thereunder) whenever
compliance by the individual is impossible or would involve
extreme hardship to the individual, or if enforcement of such
obligation with respect to the individual would be contrary
to the best interests of the Government.
``(i) For purposes of this section--
``(1) the term `cost of attendance' has the meaning given
that term in section 472 of the Higher Education Act of 1965;
``(2) the term `institution of higher education' has the
meaning given that term in section 101(a) of the Higher
Education Act of 1965; and
``(3) the term `Program' means the National Aeronautics and
Space Administration Science and Technology Scholarship
Program established under this section.
``(j)(1) There is authorized to be appropriated to the
Administration for the Program $10,000,000 for each fiscal
year.
``(2) Amounts appropriated under this section shall remain
available for 2 fiscal years.
``Sec. 9810. Distinguished scholar appointment authority
``(a) In this section--
``(1) the term `professional position' means a position
that is classified to an occupational series identified by
the Office of Personnel Management as a position that--
``(A) requires education and training in the principles,
concepts, and theories of the occupation that typically can
be gained only through completion of a specified curriculum
at a recognized college or university; and
``(B) is covered by the Group Coverage Qualification
Standard for Professional and Scientific Positions; and
``(2) the term `research position' means a position in a
professional series that primarily involves scientific
inquiry or investigation, or research-type exploratory
development of a creative or scientific nature, where the
knowledge required to perform the work successfully is
acquired typically and primarily through graduate study.
``(b) The Administration may appoint, without regard to the
provisions of section 3304(b) and sections 3309 through 3318,
but subject to subsection (c), candidates directly to General
Schedule professional, competitive service positions in the
Administration for which public notice has been given (in
accordance with regulations of the Office of Personnel
Management), if--
``(1) with respect to a position at the GS-7 level, the
individual--
``(A) received, within 2 years before the effective date of
the appointment, from an accredited institution authorized to
grant baccalaureate degrees, a baccalaureate degree in a
field of study for which possession of that degree in
conjunction with academic achievements meets the
qualification standards as prescribed by the Office of
Personnel Management for the position to which the individual
is being appointed; and
``(B) achieved a cumulative grade point average of 3.0 or
higher on a 4.0 scale and a grade point average of 3.5 or
higher for courses in the field of study required to qualify
for the position;
``(2) with respect to a position at the GS-9 level, the
individual--
``(A) received, within 2 years before the effective date of
the appointment, from an accredited institution authorized to
grant graduate degrees, a graduate degree in a field of study
for which possession of that degree meets the qualification
standards at this grade level as prescribed by the Office of
Personnel Management for the position to which the individual
is being appointed; and
``(B) achieved a cumulative grade point average of 3.5 or
higher on a 4.0 scale in graduate coursework in the field of
study required for the position;
``(3) with respect to a position at the GS-11 level, the
individual--
``(A) received, within 2 years before the effective date of
the appointment, from an accredited institution authorized to
grant graduate degrees, a graduate degree in a field of study
for which possession of that degree meets the qualification
standards at this grade level as prescribed by the Office of
Personnel Management for the position to which the individual
is being appointed; and
``(B) achieved a cumulative grade point average of 3.5 or
higher on a 4.0 scale in graduate coursework in the field of
study required for the position; or
``(4) with respect to a research position at the GS-12
level, the individual--
``(A) received, within 2 years before the effective date of
the appointment, from an accredited institution authorized to
grant graduate degrees, a graduate degree in a field of study
for which possession of that degree meets the qualification
standards at this grade level as prescribed by the Office of
Personnel Management for the position to which the individual
is being appointed; and
``(B) achieved a cumulative grade point average of 3.5 or
higher on a 4.0 scale in graduate coursework in the field of
study required for the position.
``(c) In making any selections under this section,
preference eligibles who meet the criteria for distinguished
scholar appointments shall be considered ahead of
nonpreference eligibles.
``(d) An appointment made under this authority shall be a
career-conditional appointment in the competitive civil
service.
``Sec. 9811. Travel and transportation expenses of certain
new appointees
``(a) In this section, the term `new appointee' means--
``(1) a person newly appointed or reinstated to Federal
service to the Administration to--
``(A) a career or career-conditional appointment or an
excepted service appointment to a continuing position;
``(B) a term appointment;
``(C) an excepted service appointment that provides for
noncompetitive conversion to a career or career-conditional
appointment;
``(D) a career or limited term Senior Executive Service
appointment;
``(E) an appointment made under section 203(c)(2)(A) of the
National Aeronautics and Space Act of 1958 (42 U.S.C.
2473(c)(2)(A));
``(F) an appointment to a position established under
section 3104; or
``(G) an appointment to a position established under
section 5108; or
``(2) a student trainee who, upon completion of academic
work, is converted to an appointment in the Administration
that is identified in paragraph (1) in accordance with an
appropriate authority.
``(b) The Administrator may pay the travel, transportation,
and relocation expenses of a new appointee to the same
extent, in the same manner, and subject to the same
conditions as the payment of such expenses under sections
5724, 5724a, 5724b, and 5724c to an employee transferred in
the interests of the United States Government.
``Sec. 9812. Annual leave enhancements
``(a) In this section--
``(1) the term `newly appointed employee' means an
individual who is first appointed--
``(A) as an employee of the Federal Government; or
``(B) as an employee of the Federal Government following a
break in service of at least 90 days after that individual's
last period of Federal employment, other than--
``(i) employment under the Student Educational Employment
Program administered by the Office of Personnel Management;
``(ii) employment as a law clerk trainee;
``(iii) employment under a short-term temporary appointing
authority while a student during periods of vacation from the
educational institution at which the student is enrolled;
``(iv) employment under a provisional appointment if the
new appointment is permanent and immediately follows the
provisional appointment; or
``(v) employment under a temporary appointment that is
neither full-time nor the principal employment of the
individual;
``(2) the term `period of qualified non-Federal service'
means any period of service performed by an individual that--
``(A) was performed in a position the duties of which were
directly related to the duties of the position in the
Administration which that individual will fill as a newly
appointed employee; and
``(B) except for this section, would not otherwise be
service performed by an employee for purposes of section
6303; and
``(3) the term `directly related to the duties of the
position' means duties and responsibilities in the same line
of work which require similar qualifications.
``(b)(1) For purposes of section 6303, the Administrator
may deem a period of qualified non-Federal service performed
by a newly appointed employee to be a period of service of
equal length performed as an employee.
``(2) A decision under paragraph (1) to treat a period of
qualified non-Federal service as if it were service performed
as an employee shall continue to apply so long as that
individual serves in or under the Administration.
``(c)(1) Notwithstanding section 6303(a), the annual leave
accrual rate for an employee of the Administration in a
position paid under section 5376 or 5383, or for an employee
in an equivalent category whose rate of basic pay is greater
than the rate payable at GS-15, step 10, shall be 1 day for
each full biweekly pay period.
``(2) The accrual rate established under this subsection
shall continue to apply to the employee so long as such
employee serves in or under the Administration.
``Sec. 9813. Limited appointments to Senior Executive Service
positions
``(a) In this section--
``(1) the term `career reserved position' means a position
in the Administration designated under section 3132(b) which
may be filled only by--
[[Page S15849]]
``(A) a career appointee; or
``(B) a limited emergency appointee or a limited term
appointee--
``(i) who, immediately before entering the career reserved
position, was serving under a career or career-conditional
appointment outside the Senior Executive Service; or
``(ii) whose limited emergency or limited term appointment
is approved in advance by the Office of Personnel Management;
``(2) the term `limited emergency appointee' has the
meaning given under section 3132; and
``(3) the term `limited term appointee' means an individual
appointed to a Senior Executive Service position in the
Administration to meet a bona fide temporary need, as
determined by the Administrator.
``(b) The number of career reserved positions which are
filled by an appointee as described under subsection
(a)(1)(B) may not exceed 10 percent of the total number of
Senior Executive Service positions allocated to the
Administration.
``(c) Notwithstanding sections 3132 and 3394(b)--
``(1) the Administrator may appoint an individual to any
Senior Executive Service position in the Administration as a
limited term appointee under this section for a period of--
``(A) 4 years or less to a position the duties of which
will expire at the end of such term; or
``(B) 1 year or less to a position the duties of which are
continuing; and
``(2) in rare circumstances, the Administrator may
authorize an extension of a limited appointment under--
``(A) paragraph (1)(A) for a period not to exceed 2 years;
and
``(B) paragraph (1)(B) for a period not to exceed 1 year.
``(d) A limited term appointee who has been appointed in
the Administration from a career or career-conditional
appointment outside the Senior Executive Service shall have
reemployment rights in the agency from which appointed, or in
another agency, under requirements and conditions established
by the Office of Personnel Management. The Office shall have
the authority to direct such placement in any agency.
``(e) Notwithstanding section 3394(b) and section 3395--
``(1) a limited term appointee serving under a term
prescribed under this section may be reassigned to another
Senior Executive Service position in the Administration, the
duties of which will expire at the end of a term of 4 years
or less; and
``(2) a limited term appointee serving under a term
prescribed under this section may be reassigned to another
continuing Senior Executive Service position in the
Administration, except that the appointee may not serve in 1
or more positions in the Administration under such
appointment in excess of 1 year, except that in rare
circumstances, the Administrator may approve an extension up
to an additional 1 year.
``(f) A limited term appointee may not serve more than 7
consecutive years under any combination of limited
appointments.
``(g) Notwithstanding section 5384, the Administrator may
authorize performance awards to limited term appointees in
the Administration in the same amounts and in the same manner
as career appointees.
``Sec. 9814. Qualifications pay
``(a) Notwithstanding section 5334, the Administrator may
set the pay of an employee paid under the General Schedule at
any step within the pay range for the grade of the position,
if such employee--
``(1) possesses unusually high or unique qualifications;
and
``(2) is assigned--
``(A) new duties, without a change of position; or
``(B) to a new position.
``(b) If an exercise of the authority under this section
relates to a current employee selected for another position
within the Administration, a determination shall be made that
the employee's contribution in the new position will exceed
that in the former position, before setting pay under this
section.
``(c) Pay as set under this section is basic pay for such
purposes as pay set under section 5334.
``(d) If the employee serves for at least 1 year in the
position for which the pay determination under this section
was made, or a successor position, the pay earned under such
position may be used in succeeding actions to set pay under
chapter 53.
``(e) Before setting any employee's pay under this section,
the Administrator shall submit a plan to the Office of
Personnel Management and the appropriate committees of
Congress, that includes--
``(1) criteria for approval of actions to set pay under
this section;
``(2) the level of approval required to set pay under this
section;
``(3) all types of actions and positions to be covered;
``(4) the relationship between the exercise of authority
under this section and the use of other pay incentives; and
``(5) a process to evaluate the effectiveness of this
section.
``Sec. 9815. Reporting requirement
``The Administrator shall submit to the appropriate
committees of Congress, not later than February 28 of each of
the next 6 years beginning after the date of enactment of
this chapter, a report that provides the following:
``(1) A summary of all bonuses paid under subsections (b)
and (c) of section 9804 during the preceding fiscal year.
Such summary shall include the total amount of bonuses paid,
the total number of bonuses paid, the percentage of the
amount of bonuses awarded to supervisors and management
officials, and the average percentage used to calculate the
total average bonus amount, under each of those subsections.
``(2) A summary of all bonuses paid under subsections (b)
and (c) of section 9805 during the preceding fiscal year.
Such summary shall include the total amount of bonuses paid,
the total number of bonuses paid, the percentage of the
amount of bonuses awarded to supervisors and management
officials, and the average percentage used to calculate the
total average bonus amount, under each of those subsections.
``(3) The total number of term appointments converted
during the preceding fiscal year under section 9806 and, of
that total number, the number of conversions that were made
to address a critical need described in the workforce plan
pursuant to section 9802(b)(2).
``(4) The number of positions for which the rate of basic
pay was fixed under section 9807 during the preceding fiscal
year, the number of positions for which the rate of basic pay
under such section was terminated during the preceding fiscal
year, and the number of times the rate of basic pay was fixed
under such section to address a critical need described in
the workforce plan pursuant to section 9802(b)(2).
``(5) The number of scholarships awarded under section 9809
during the preceding fiscal year and the number of
scholarship recipients appointed by the Administration during
the preceding fiscal year.
``(6) The total number of distinguished scholar
appointments made under section 9810 during the preceding
fiscal year and, of that total number, the number of
appointments that were made to address a critical need
described in the workforce plan pursuant to section
9802(b)(2).
``(7) The average amount paid per appointee, and the
largest amount paid to any appointee, under section 9811
during the preceding fiscal year for travel and
transportation expenses.
``(8) The total number of employees who were awarded
enhanced annual leave under section 9812 during the preceding
fiscal year; of that total number, the number of employees
who were serving in a position addressing a critical need
described in the workforce plan pursuant to section
9802(b)(2); and, for employees in each of those respective
groups, the average amount of additional annual leave such
employees earned in the preceding fiscal year (over and above
what they would have earned absent section 9812).
``(9) The total number of appointments made under section
9813 during the preceding fiscal year and, of that total
number, the number of appointments that were made to address
a critical need described in the workforce plan pursuant to
section 9802(b)(2).
``(10) The number of employees for whom the Administrator
set the pay under section 9814 during the preceding fiscal
year and the number of times pay was set under such section
to address a critical need described in the workforce plan
pursuant to section 9802(b)(2).
``(11) A summary of all recruitment, relocation,
redesignation, and retention bonuses paid under authorities
other than this chapter and excluding the authorities
provided in sections 5753 and 5754 of this title, during the
preceding fiscal year. Such summary shall include, for each
type of bonus, the total amount of bonuses paid, the total
number of bonuses paid, the percentage of the amount of
bonuses awarded to supervisors and management officials, and
the average percentage used to calculate the total average
bonus amount.''.
(b) Clerical Amendment.--The table of chapters for part III
of title 5, United States Code, is amended by adding at the
end the following:
``98. National Aeronautics and Space Administration.........9801''.....
______
SA 2215. Mr. ENSIGN (for Mr. Inhofe (for himself and Mr. Jeffords))
proposed an amendment to the bill H.R. 1006, to amend the Lacey Act
Amendments of 1981 to further the conservation of certain wildlife
species; as follows:
On page 2, strike lines 11 through 14 and insert the
following:
``(g) Prohibited Wildlife Species.--The term `prohibited
wildlife species' means any live species of lion, tiger,
leopard, cheetah, jaguar, or cougar or any hybrid of such
species.''.
On page 3, line 1, strike ``live animal of a''.
On page 3, strike lines 20 through 22 and insert the
following:
``(A) is licensed or registered, and inspected, by the
Animal and Plant Health Inspection Service or any other
Federal agency with respect to that species;
On page 4, line 12, insert ``listed in section 2(g)'' after
``animals''.
On page 4, line 14, insert ``listed in section 2(g)'' after
``animals''.
On page 5, line 3, strike the quotation marks and the
following period.
On page 5, between lines 3 and 4, insert the following:
``(5) Authorization of appropriations.--There is authorized
to be appropriated to
[[Page S15850]]
carry out subsection (a)(2)(C) $3,000,000 for each of fiscal
years 2004 through 2008.''.
______
SA 2216. Mr. ENSIGN (for Mr. Shelby) proposed an amendment to the
bill S. 811, to support certain housing proposals in the fiscal year
2003 budget for the Federal Government, including the downpayment
assistance initiative under the HOME Investment Partnership Act, and
for other purposes; as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Table of contents.
TITLE I--DOWNPAYMENT ASSISTANCE
Sec. 101. Short title.
Sec. 102. Downpayment assistance initiative.
TITLE II--INTERGENERATIONAL HOUSING ASSISTANCE
Sec. 201. Short title.
Sec. 202. Definitions.
Sec. 203. Demonstration program for elderly housing for
intergenerational families.
Sec. 204. Training for HUD personnel regarding grandparent-headed and
relative-headed families issues.
Sec. 205. Study of housing needs of grandparent-headed and relative-
headed families.
TITLE III--ADJUSTABLE RATE SINGLE FAMILY MORTGAGES AND LOAN LIMIT
ADJUSTMENTS
Sec. 301. Hybrid arms.
Sec. 302. FHA multifamily loan limit adjustments.
TITLE IV--HOPE VI PROGRAM REAUTHORIZATION
Sec. 401. Short title.
Sec. 402. Hope VI program reauthorization.
Sec. 403. Hope VI grants for assisting affordable housing through main
street projects.
TITLE V--COMMUNITY DEVELOPMENT BLOCK GRANTS
Sec. 501. Funding for insular areas.
TITLE I--DOWNPAYMENT ASSISTANCE
SEC. 101. SHORT TITLE.
This title may be cited as the ``American Dream Downpayment
Act''.
SEC. 102. DOWNPAYMENT ASSISTANCE INITIATIVE.
(a) Downpayment Assistance Initiative.--Subtitle E of title
II of the Cranston-Gonzalez National Affordable Housing Act
(42 U.S.C. 12821) is amended to read as follows:
``Subtitle E--Other Assistance
``SEC. 271. DOWNPAYMENT ASSISTANCE INITIATIVE.
``(a) Definitions.--In this section:
``(1) Downpayment assistance.--The term ``downpayment
assistance'' means assistance to help a family acquire a
principal residence.
``(2) Home repairs.--The term ``home repairs'' means
capital improvements or repairs that--
``(A) are identified in an appraisal or home inspection
completed in conjunction with a home purchase; or
``(B) are completed within 1 year of the purchase of a
home, and are necessary to bring the housing into compliance
with health and safety housing codes of the unit of general
local government in which the housing is located, including
the remediation of lead paint or other home health hazards.
``(3) Participating jurisdiction.--The term ``participating
jurisdiction'' means a State or unit of general local
government designated under section 216.
``(4) State.--The term ``State'' means any State of the
United States and the District of Columbia.
``(b) Grant Authority.--The Secretary may award grants to
participating jurisdictions to assist low-income families to
achieve homeownership, in accordance with this section.
``(c) Eligible Activities.--
``(1) In general.--
``(A) Downpayment assistance.--Subject to subparagraph (B),
grants awarded under this section may be used only for
downpayment assistance toward the purchase of single family
housing (including 1 to 4 unit family dwelling units,
condominium units, cooperative units, and manufactured
housing units which are located on land which is owned by the
manufactured housing unit owner, owned as a cooperative, or
is subject to a leasehold interest with a term equal to at
least the term of the mortgage financing on the unit, and
manufactured housing lots) by low-income families who are
first-time home-buyers.
``(B) Home repairs.--Not more than 20 percent of the grant
funds provided under subsection (d) to a participating
jurisdiction may be used to provide assistance to low-income,
first-time home-buyers for home repairs.
``(2) Limitations.--
``(A) Amount of assistance.--The amount of assistance
provided to any low-income families under paragraph (1) shall
not exceed the greater of--
``(i) 6 percent of the purchase price of a single family
housing unit; or
``(ii) $10,000.
``(B) Participation.--A participating jurisdiction may not
use any amount of a grant awarded under this section to
provide funding to an entity or organization that provides
downpayment assistance if the activities of that entity or
organization are financed in whole or in part, directly or
indirectly, by contributions, service fees, or other payments
from the sellers of housing.
``(d) Formula Allocation.--
``(1) In general.--For each fiscal year, the Secretary
shall allocate any amounts made available for assistance
under this section to each State that is a participating
jurisdiction in an amount equal to a percentage of the total
allocation that is equal to the percentage of the national
total of low-income households residing in rental housing in
the State, as determined on the basis of the most recent
census data compiled by the Bureau of the Census.
``(2) Participating jurisdictions other than states.--
``(A) In general.--Subject to subparagraph (B), for each
fiscal year, of the amount allocated to each State under
paragraph (1), the Secretary shall further allocate from such
amount to each participating jurisdiction located within such
State an amount equal to the percentage of the allocation
made to the State under paragraph (1) that is equal to the
percentage of the State-wide total of low-income households
residing in rental housing in such participating
jurisdiction, as determined on the basis of the most recent
census data compiled by the Bureau of the Census.
``(B) Limitation.--
``(i) In general.--Direct allocations made under
subparagraph (A) shall be made to a local participating
jurisdiction only if--
``(I) the participating jurisdiction has a total population
of 150,000 individuals or more, as determined on the basis of
the most recent census data compiled by the Bureau of the
Census; or
``(II) the participating jurisdiction would receive an
allocation of $50,000 or more.
``(ii) Reversion.--Any allocation that would have otherwise
been made to a participating jurisdiction that does not meet
the requirements of clause (i) shall revert back to the State
in which the participating jurisdiction is located.
``(e) Reallocation.--If any amounts allocated to a
participating jurisdiction under this section become
available for reallocation, the amounts shall be reallocated
to other participating jurisdictions in accordance with
subsection (d).
``(f) Applicability of Other Provisions.--
``(1) In general.--Except as otherwise provided in this
section, grants made under this section shall not be subject
to the provisions of this title.
``(2) Applicable provisions.--In addition to the
requirements of this section, grants made under this section
shall be subject to the provisions of title I, sections
215(b), 218, 219, 221, 223, 224, and 226(a) of subtitle A of
this title, and subtitle F of this title.
``(3) References.--In applying the requirements of subtitle
A referred to in paragraph (2)--
``(A) any references to funds under subtitle A shall be
considered to refer to amounts made available for assistance
under this section; and
``(B) any references to funds allocated or reallocated
under section 217 or 217(d) shall be considered to refer to
amounts allocated or reallocated under subsection (d) or (e)
of this section, respectively.
``(g) Housing Strategy.--To be eligible to receive a grant
under this section in any fiscal year, a participating
jurisdiction shall include in its comprehensive housing
affordability strategy developed under section 105 of the
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
12705) for such fiscal year--
``(1) a description of the anticipated use of any grant
received under this section;
``(2) a plan for conducting targeted outreach to residents
and tenants of public housing, trailer parks, and
manufactured housing, and to other families assisted by
public housing agencies, for the purpose of ensuring that
grant amounts provided under this section to a participating
jurisdiction are used for downpayment assistance for such
residents, tenants, and families; and
``(3) a description of the actions to be taken to ensure
the suitability of families receiving downpayment assistance
under this section to undertake and maintain homeownership.
``(h) Report.--Not later than June 30, 2006, the
Comptroller General of the United States shall submit a
report containing a State-by-State analysis of the impact of
grants awarded under this section to--
``(1) the Committee on Banking, Housing, and Urban Affairs
of the Senate; and
``(2) the Committee on Financial Services of the House of
Representatives.
``(i) Sunset.--The Secretary shall have no authority to
make grants under this Act after December 31, 2007.
``(j) Relocation Assistance and Downpayment Assistance.--
The Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (84 Stat. 1894) shall not
apply to downpayment assistance under this section.
``(k) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $200,000,000 for
each of fiscal years 2004 through 2007.''.
[[Page S15851]]
TITLE II--INTERGENERATIONAL HOUSING ASSISTANCE
SECTION 201. SHORT TITLE.
This title may be cited as the ``Living Equitably:
Grandparents Aiding Children and Youth Act of 2003'' or the
``LEGACY Act of 2003''.
SEC. 202. DEFINITIONS.
In this title:
(1) Child.--The term ``child'' means an individual who--
(A) is not attending school and is not more than 18 years
of age; or
(B) is attending school and is not more than 19 years of
age.
(2) Covered family.--The term ``covered family'' means a
family that--
(A) includes a child; and
(B) has a head of household who is--
(i) a grandparent of the child who is raising the child; or
(ii) a relative of the child who is raising the child.
(3) Elderly person.--The term ``elderly person'' has the
same meaning as in section 202(k) of the Housing Act of 1959
(12 U.S.C. 1701q(k)).
(4) Grandparent.--
(A) In general.--The term ``grandparent'' means, with
respect to a child, an individual who is a grandparent or
stepgrandparent of the child by blood or marriage, regardless
of the age of such individual.
(B) Case of adoption.--In the case of a child who was
adopted, the term includes an individual who, by blood or
marriage, is a grandparent or stepgrandparent of the child as
adopted.
(5) Intergenerational dwelling unit.--The term
``intergenerational dwelling unit'' means a qualified
dwelling unit that is reserved for occupancy only by an
intergenerational family.
(6) Intergenerational family.--The term ``intergenerational
family'' means a covered family that has a head of household
who is an elderly person.
(7) Private nonprofit organization.--The term ``private
nonprofit organization'' has the same meaning as in section
202(k) of the Housing Act of 1959 (12 U.S.C. 1701q(k)).
(8) Qualified dwelling unit.--The term ``qualified dwelling
unit'' means a dwelling unit that--
(A) has not fewer than 2 separate bedrooms;
(B) is equipped with design features appropriate to meet
the special physical needs of elderly persons, as needed; and
(C) is equipped with design features appropriate to meet
the special physical needs of young children, as needed.
(9) Raising a child.--The term ``raising a child'' means,
with respect to an individual, that the individual--
(A) resides with the child; and
(B) is the primary caregiver for the child--
(i) because the biological or adoptive parents of the child
do not reside with the child or are unable or unwilling to
serve as the primary caregiver for the child; and
(ii) regardless of whether the individual has a legal
relationship to the child (such as guardianship or legal
custody) or is caring for the child informally and has no
such legal relationship with the child.
(10) Relative.--
(A) In general.--The term ``relative'' means, with respect
to a child, an individual who--
(i) is not a parent of the child by blood or marriage; and
(ii) is a relative of the child by blood or marriage,
regardless of the age of the individual.
(B) Case of adoption.--In the case of a child who was
adopted, the term ``relative'' includes an individual who, by
blood or marriage, is a relative of the family who adopted
the child.
(11) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
SEC. 203. DEMONSTRATION PROGRAM FOR ELDERLY HOUSING FOR
INTERGENERATIONAL FAMILIES.
(a) Demonstration Program.--The Secretary shall carry out a
demonstration program (referred to in this section as the
``demonstration program'') to provide assistance for
intergenerational dwelling units for intergenerational
families in connection with the supportive housing program
under section 202 of the Housing Act of 1959 (12 U.S.C.
1701q).
(b) Intergenerational Dwelling Units.--The Secretary shall
provide assistance under this section only to private
nonprofit organizations selected under subsection (d) for use
only for expanding the supply of intergenerational dwelling
units, which units shall be provided--
(1) by designating and retrofitting, for use as
intergenerational dwelling units, existing dwelling units
that are located within a project assisted under section 202
of the Housing Act of 1959 (12 U.S.C. 1701q);
(2) through development of buildings or projects comprised
solely of intergenerational dwelling units; or
(3) through the development of an annex or addition to an
existing project assisted under section 202 of the Housing
Act of 1959 (12 U.S.C. 1701q), that contains
intergenerational dwelling units, including through the
development of elder cottage housing opportunity units that
are small, freestanding, barrier free, energy efficient,
removable dwelling units located adjacent to a larger project
or dwelling.
(c) Program Terms.--Assistance provided pursuant to this
section shall be subject to the provisions of section 202 of
the Housing Act of 1959 (12 U.S.C. 1701q), except that--
(1) notwithstanding subsection (d)(1) of that section 202
or any provision of that section restricting occupancy to
elderly persons, any intergenerational dwelling unit assisted
under the demonstration program may be occupied by an
intergenerational family;
(2) subsections (e) and (f) of that section 202 shall not
apply;
(3) in addition to the requirements under subsection (g) of
that section 202, the Secretary shall--
(A) ensure that occupants of intergenerational dwelling
units assisted under the demonstration program are provided a
range of services that are tailored to meet the needs of
elderly persons, children, and intergenerational families;
and
(B) coordinate with the heads of other Federal agencies as
may be appropriate to ensure the provision of such services;
and
(4) the Secretary may waive or alter any other provision of
that section 202 necessary to provide for assistance under
the demonstration program.
(d) Selection.--The Secretary shall--
(1) establish application procedures for private nonprofit
organizations to apply for assistance under this section; and
(2) to the extent that amounts are made available pursuant
to subsection (f), select not less than 2 and not more than 4
projects that are assisted under section 202 of the Housing
Act of 1959 (12 U.S.C. 1701q) for assistance under this
section, based on the ability of the applicant to develop and
operate intergenerational dwelling units and national
geographical diversity among those projects funded.
(e) Report.--Not later than 36 months after the date of
enactment of this Act, the Secretary shall submit a report to
Congress that--
(1) describes the demonstration program; and
(2) analyzes the effectiveness of the demonstration
program.
(f) Authorization of Appropriations.--There are authorized
to be appropriated $10,000,000 to carry out this section.
(g) Sunset.--The demonstration program carried out under
this section shall terminate 5 years after the date of
enactment of this Act.
SEC. 204. TRAINING FOR HUD PERSONNEL REGARDING GRANDPARENT-
HEADED AND RELATIVE-HEADED FAMILIES ISSUES.
Section 7 of the Department of Housing and Urban
Development Act (42 U.S.C. 3535) is amended by adding at the
end the following:
``(t) Training Regarding Issues Relating to Grandparent-
Headed and Relative-Headed Families.--The Secretary shall
ensure that all personnel employed in field offices of the
Department who have responsibilities for administering the
housing assistance program under section 8 of the United
States Housing Act of 1937 (42 U.S.C. 1437f) or the
supportive housing program under section 202 of the Housing
Act of 1959 (12 U.S.C. 1701q), and an appropriate number of
personnel in the headquarters office of the Department who
have responsibilities for those programs, have received
adequate training regarding how covered families (as that
term is defined in section 202 of the LEGACY Act of 2003) can
be served by existing affordable housing programs.''.
SEC. 205. STUDY OF HOUSING NEEDS OF GRANDPARENT-HEADED AND
RELATIVE-HEADED FAMILIES.
(a) In General.--The Secretary and the Director of the
Bureau of the Census jointly shall--
(1) conduct a study to determine an estimate of the number
of covered families in the United States and their affordable
housing needs; and
(2) submit a report to Congress regarding the results of
the study conducted under paragraph (1).
(b) Report and Recommendations.--The report required under
subsection (a) shall--
(1) be submitted to Congress not later than 12 months after
the date of enactment of this Act; and
(2) include recommendations by the Secretary and the
Director of the Bureau of the Census regarding how the major
assisted housing programs of the Department of Housing and
Urban Development, including the supportive housing for the
elderly program under section 202 of the Housing Act of 1959
(12 U.S.C. 1701q) can be used and, if appropriate, amended or
altered, to meet the affordable housing needs of covered
families.
TITLE III--ADJUSTABLE RATE SINGLE FAMILY MORTGAGES AND LOAN LIMIT
ADJUSTMENTS
SEC. 301. HYBRID ARMS.
(a) In General.--Section 251(d)(1)(C) of the National
Housing Act (12 U.S.C. 1715z-16(d)(1)(C)) is amended by
striking ``five'' and inserting ``3''.
(b) Applicability.--The amendment made by subsection (a)
shall apply to mortgages executed on or after the date of the
enactment of this title.
SEC. 302. FHA MULTIFAMILY LOAN LIMIT ADJUSTMENTS.
(a) Short Title.--This section may be cited as the ``FHA
Multifamily Loan Limit Adjustment Act of 2003''.
(b) Maximum Mortgage Amount Limit for Multifamily Housing
in High-Cost Areas.--Sections 207(c)(3), 213(b)(2)(B)(i),
220(d)(3)(B)(iii)(III), 221(d)(3)(ii)(II), 221(d)(4)(ii)(II),
231(c)(2)(B), and 234(e)(3)(B) of
[[Page S15852]]
the National Housing Act (12 U.S.C. 1713(c)(3),
1715e(b)(2)(B)(i), 1715k(d)(3)(B)(iii)(II),
1715l(d)(3)(ii)(III), 1715l(d)(4)(ii)(II), 1715v(c)(2)(B)),
and 1715y(e)(3)(B)) are each amended--
(1) by striking ``110 percent'' and inserting ``140
percent''; and
(2) by inserting ``, or 170 percent in high cost areas,''
after ``140 percent''.
(c) Catch-up Adjustments to Certain Maximum Mortgage Amount
Limits.--
(1) Section 207 Limits.--Section 207(c)(3)(A) of the
National Housing Act (12 U.S.C. 1713(c)(3)(A)) is amended by
striking ``$11,250'' and inserting ``$17,460''.
(2) Section 213 Limits.--Section 213(b)(2)(A) of the
National Housing Act (12 U.S.C. 1715e(b)(2)(A)) is amended--
(A) by striking ``$38,025'' and inserting ``$41,207'';
(B) by striking ``$42,120'' and inserting ``$47,511'';
(C) by striking ``$50,310'' and inserting ``$57,300'';
(D) by striking ``$62,010'' and inserting ``$73,343'';
(E) by striking ``$70,200'' and inserting ``$81,708'';
(F) by striking ``$49,140'' and inserting ``$49,710'';
(G) by striking ``$60,255'' and inserting ``$60,446'';
(H) by striking ``$75,465'' and inserting ``$78,197''; and
(I) by striking ``$85,328'' and inserting ``$85,836''.
(d) Rehabilitation and Neighborhood Conservation Housing
Mortgage Insurance.--Section 220(d)(3)(B)(iii) of the
National Housing Act (12 U.S.C. 1715k(d)(3)(B)(iii) is
amended--
(1) by striking ``with respect to dollar amount limitations
applicable to rehabilitation projects described in subclause
(II),'' and inserting ``; (III)''; and
(2) by redesignating subclauses (III) and (IV) as
subclauses (IV) and (V), respectively.
TITLE IV--HOPE VI PROGRAM REAUTHORIZATION
SEC. 401. SHORT TITLE.
This title may be cited as the ``HOPE VI Program
Reauthorization and Small Community Mainstreet Rejuvenation
and Housing Act of 2003''.
SEC. 402. HOPE VI PROGRAM REAUTHORIZATION.
(a) Selection Criteria.--Section 24(e)(2) of the United
States Housing Act of 1937 (42 U.S.C. 1437v(e)(2)) is
amended--
(1) by striking the matter preceding subparagraph (A) and
inserting the following:
``(2) Selection criteria.--The Secretary shall establish
criteria for the award of grants under this section and shall
include among the factors--'';
(2) in subparagraph (B), by striking ``large-scale'';
(3) in subparagraph (D)--
(A) by inserting ``and ongoing implementation'' after
``development''; and
(B) by inserting ``, except that the Secretary may not
award a grant under this section unless the applicant has
involved affected public housing residents at the beginning
and during the planning process for the revitalization
program, prior to submission of an application'' before the
semicolon at the end;
(4) in subparagraph (H), by striking ``and'' at the end;
(5) by redesignating subparagraph (I) as subparagraph (L);
and
(6) by inserting after subparagraph (H) the following:
``(I) the extent to which the plan minimizes permanent
displacement of current residents of the public housing site
who wish to remain in or return to the revitalized community
and provides for community and supportive services to
residents prior to any relocation;
``(J) the extent to which the plan sustains or creates more
project-based housing units available to persons eligible for
public housing in markets where the plan shows there is
demand for the maintenance or creation of such units;
``(K) the extent to which the plan gives to existing
residents priority for occupancy in dwelling units which are
public housing dwelling units, or for residents who can
afford to live in other units, priority for those units in
the revitalized community; and''.
(b) Definition of Severely Distressed Public Housing.--
Section 24(j)(2)(A)(iii) of the United States Housing Act of
1937 (42 U.S.C. 1437v(j)(2)(A)(iii)) is amended--
(1) in subclause (I), by striking ``or'' at the end;
(2) in subclause (II), by inserting ``or'' after the
semicolon at the end; and
(3) by inserting at the end the following:
``(III) is lacking in sufficient appropriate
transportation, supportive services, economic opportunity,
schools, civic and religious institutions, and public
services, resulting in severe social distress in the
project;''.
(c) Study of Elderly and Disabled Public Housing Needs.--
Not later than 18 months after the date of enactment of this
Act, the Comptroller General of the United States shall
submit a report to Congress regarding the extent of severely
distressed elderly and non-elderly disabled public housing,
and recommendations for improving that housing through the
HOPE VI program or other means, taking into account the
special needs of the residents.
(d) Authorization of Appropriations.--Paragraph (1) of
section 24(m) of the United States Housing Act of 1937 (42
U.S.C. 1437v(m)(1)) is amended by striking ``, 2001, and
2002'' and inserting ``through 2006''.
(e) Extension of Program.--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. 403. HOPE VI GRANTS FOR ASSISTING AFFORDABLE HOUSING
THROUGH MAIN STREET PROJECTS.
(a) Purposes.--Section 24(a) of the United States Housing
Act of 1937 (42 U.S.C. 1437v(a)) is amended by adding after
and below paragraph (4) the following:
``It is also the purpose of this section to provide
assistance to smaller communities for the purpose of
facilitating the development of affordable housing for low-
income families that is undertaken in connection with a main
street revitalization or redevelopment project in such
communities.''.
(b) Grants for Assisting Affordable Housing Developed
Through Main Street Projects in Smaller Communities.--Section
24 of the United States Housing Act of 1937 (42 U.S.C. 1437v)
is amended--
(1) by redesignating subsection (n) as subsection (o); and
(2) by inserting after subsection (m) the following new
subsection:
``(n) Grants for Assisting Affordable Housing Developed
Through Main Street Projects in Smaller Communities.--
``(1) Authority and use of grant amounts.--The Secretary
may make grants under this subsection to smaller communities.
Such grant amounts shall be used by smaller communities only
to provide assistance to carry out eligible affordable
housing activities under paragraph (4) in connection with an
eligible project under paragraph (2).
``(2) Eligible project.--For purposes of this subsection,
the term `eligible project' means a project that--
``(A) the Secretary determines, under the criteria
established pursuant to paragraph (3), is a main street
project;
``(B) is carried out within the jurisdiction of smaller
community receiving the grant; and
``(C) involves the development of affordable housing that
is located in the commercial area that is the subject of the
project.
``(3) Main street projects.--The Secretary shall establish
requirements for a project to be consider a main street
project for purposes of this section, which shall require
that the project--
``(A) has as its purpose the revitalization or
redevelopment of a historic or traditional commercial area;
``(B) involves investment, or other participation, by the
government for, and private entities in, the community in
which the project is carried out; and
``(C) complies with such historic preservation guidelines
or principles as the Secretary shall identify to preserve
significant historic or traditional architectural and design
features in the structures or area involved in the project.
``(4) Eligible affordable housing activities.--For purposes
of this subsection, the activities described in subsection
(d)(1) shall be considered eligible affordable housing
activities, except that--
``(A) such activities shall be conducted with respect to
affordable housing rather than with respect to severely
distressed public housing projects; and
``(B) eligible affordable housing activities under this
subsection shall not include the activities described in
subparagraphs (B) through (E), (J), or (K) of subsection
(d)(1).
``(5) Maximum grant amount.--A grant under this subsection
for a fiscal year for a single smaller community may not
exceed $1,000,000.
``(6) Contribution requirement.--A smaller community
applying for a grant under this subsection shall be
considered an applicant for purposes of subsection (c)
(relating to contributions by applicants), except that--
``(A) such supplemental amounts shall be used only for
carrying out eligible affordable housing activities; and
``(B) paragraphs (1)(B) and (3) shall not apply to grants
under this subsection.
``(7) Applications and selection.--
``(A) Application.--Pursuant to subsection (e)(1), the
Secretary shall provide for smaller communities to apply for
grants under this subsection, except that the Secretary may
establish such separate or additional criteria for
applications for such grants as may be appropriate to carry
out this subsection.
``(B) Selection criteria.--The Secretary shall establish
selection criteria for the award of grants under this
subsection, which shall be based on the selection criteria
established pursuant to subsection (e)(2), with such changes
as may be appropriate to carry out the purposes of this
subsection.
``(8) Cost limits.--The cost limits established pursuant to
subsection (f) shall apply to eligible affordable housing
activities assisted with grant amounts under this subsection.
``(9) Inapplicability of other provisions.--The provisions
of subsections (g) (relating to disposition and replacement
of severely distressed public housing), and (h) (relating to
administration of grants by other entities), shall not apply
to grants under this subsection.
``(10) Reporting.--The Secretary shall require each smaller
community receiving a grant under this subsection to submit a
report regarding the use of all amounts provided under the
grant.
[[Page S15853]]
``(11) Definitions.--For purposes of this subsection, the
following definitions shall apply:
``(A) Affordable housing.--The term `affordable housing'
means rental or homeownership dwelling units that--
``(i) are made available for initial occupancy to low-
income families, with a subset of units made available to
very- and extremely-low income families; and
``(ii) are subject to the same rules regarding occupant
contribution toward rent or purchase and terms of rental or
purchase as dwelling units in public housing projects
assisted with a grant under this section.
``(B) Smaller community.--The term `smaller community'
means a unit of general local government (as such term is
defined in section 102 of the Housing and Community
Development Act of 1974 (42 U.S.C. 5302)) that--
``(i) has a population of 50,000 or fewer; and
``(ii)(I) is not served by a public housing agency; or
``(II) is served by a single public housing agency, which
agency administers 100 or fewer public housing dwelling
units.''.
(c) Annual Report.--Section 24(l) of the United States
Housing Act of 1937 (42 U.S.C. 1437v(l)) is amended--
(1) in paragraph (3), by striking ``; and'' and inserting
``, including a specification of the amount and type of
assistance provided under subsection (n);'';
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following:
``(4) the types of projects funded, and number of
affordable housing dwelling units developed with, grants
under subsection (n); and''.
(d) Funding.--Section 24(m) of the United States Housing
Act of 1937 (42 U.S.C. 1437v(m)) is amended by adding at the
end the following:
``(3) Set-aside for main street housing grants.--Of the
amount appropriated pursuant to paragraph (1) for any fiscal
year, the Secretary shall provide up to 5 percent for use
only for grants under subsection (n).''.
TITLE V--COMMUNITY DEVELOPMENT BLOCK GRANTS
SEC. 501. FUNDING FOR INSULAR AREAS.
(a) Definition of Insular Areas.--Section 102(a) of the
Housing and Community Development Act of 1974 (42 U.S.C.
5302(a)) is amended by adding at the end the following:
``(24) The term `insular area' means each of Guam, the
Northern Mariana Islands, the Virgin Islands, and American
Samoa.''.
(b) Definition of Unit of General Government.--The first
sentence of section 102(a)(1) of the Housing and Community
Development Act of 1974 (42 U.S.C. 5302(a)(1)) is amended--
(1) by inserting ``and'' after ``Secretary;''; and
(2) by striking ``; and the Trust Territory of the Pacific
Islands''.
(c) Statement of Activities and Review.--Section 104 of the
Housing and Community Development Act of 1974 (42 U.S.C.
5304) is amended--
(1) in subsection (a)(1)--
(A) in the first sentence--
(i) by striking ``or'' after ``State,''; and
(ii) by inserting ``or under section 106(a)(3) by any
insular area,'' after ``government,''; and
(B) in the second sentence--
(i) by striking ``and in the case of'' and inserting a
comma; and
(ii) by inserting ``and insular areas receiving grants
pursuant to section 106(a)(3),'' after ``106(d)(2)(B),'';
(2) in subsection (e)(1), by striking ``section 106(b) or
section 106(d)(2)(B)'' and inserting ``subsection (a)(3),
(b), or (d)(2)(B) of section 106''; and
(3) in subsection (m)--
(A) in paragraph (1), by inserting ``(a)(2),'' after
``under subsection''; and
(B) in paragraph (2), by striking ``government--'' and
inserting ``government other than an insular area--''.
(d) Allocation and Distribution of Funds.--Section 106(a)
of the Housing and Community Development Act of 1974 (42
U.S.C. 5306(a)) is amended--
(1) in the first sentence of paragraph (1)--
(A) by striking ``an appropriation Act'' and inserting
``appropriation Acts''; and
(B) by striking ``in any year'' and inserting ``for such
fiscal year'';
(2) in paragraph (2), by inserting ``under paragraph (1)
and after reserving such amounts for insular areas under
paragraph (2)'' after ``tribes'';
(3) in paragraph (3), by striking ``paragraphs (1) and
(2)'' and inserting ``paragraphs (1), (2), and (3)''
(4) by redesignating paragraphs (2) and (3) (as so amended)
as paragraphs (3) and (4); and
(5) by inserting after paragraph (1) the following:
``(2) For each fiscal year, of the amount approved in
appropriation Acts under section 103 for grants for such
fiscal year (excluding the amounts provided for use in
accordance with section 107), the Secretary shall reserve for
grants to insular areas $7,000,000. The Secretary shall
provide for distribution of amounts under this paragraph to
insular areas on the basis of the ratio of the population of
each insular area to the population of all insular areas. In
determining the distribution of amounts to insular areas, the
Secretary may also include other statistical criteria as data
become available from the Bureau of the Census, but only if
such criteria are contained in a regulation promulgated by
the Secretary after notice and public comment.''.
(e) Conforming Amendment.--The first sentence of section
106(d)(1) of the Housing and Community Development Act of
1974 (42 U.S.C. 5306(d)(1)) is amended by striking
``paragraphs (1) and (2)'' and inserting ``paragraphs (1),
(2), and (3)''.
(f) Special Purpose Grants.--Section 107 of the Housing and
Community Development Act of 1974 (42 U.S.C. 5307) is
amended--
(1) in subsection (a)(1)--
(A) by striking subparagraph (A); and
(B) by redesignating subparagraphs (B) through (H) as
subparagraphs (A) through (G), respectively; and
(2) in subsection (b)--
(A) by striking paragraph (1); and
(B) by redesignating paragraphs (2) through (7) as
paragraphs (1) through (6), respectively.
(g) Regulations.--The Secretary of Housing and Urban
Development shall issue regulations to carry out the
amendments made by this section, which shall take effect not
later than the expiration of the 90-day period beginning on
the date of the enactment of this Act.
____________________