[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2861 Public Print (PP)]
1st Session
H. R. 2861
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 18, 2003
Ordered to be printed with the amendment of the Senate
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
AN ACT
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <DELETED>That the
following sums are appropriated, out of any money in the Treasury not
otherwise appropriated, 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, namely:
<DELETED>TITLE I--DEPARTMENT OF VETERANS AFFAIRS</DELETED>
<DELETED>Veterans Benefits Administration</DELETED>
<DELETED>compensation, pension and burial benefits</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> 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 $17,617,000 of the amount appropriated under this heading
shall be reimbursed to ``General operating expenses'' and ``Medical
services for priority 1-6 veterans'' 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, pension and burial
benefits'' 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.</DELETED>
<DELETED>readjustment benefits</DELETED>
<DELETED> 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.</DELETED>
<DELETED>veterans insurance and indemnities</DELETED>
<DELETED> 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.</DELETED>
<DELETED>veterans housing benefit program fund program
account</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> 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, subchapters I-III, 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, 38 U.S.C.
3711(i).</DELETED>
<DELETED> 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''.</DELETED>
<DELETED>education loan fund program account</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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''.</DELETED>
<DELETED>vocational rehabilitation loans program account</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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''.</DELETED>
<DELETED>native american veteran housing loan program account</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> 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'': Provided, That no new loans in
excess of $40,000,000 may be made in fiscal year 2004.</DELETED>
<DELETED>guaranteed transitional housing loans for homeless veterans
program account</DELETED>
<DELETED> For the administrative expenses to carry out the
guaranteed transitional housing loan program authorized by 38 U.S.C.
chapter 37, subchapter VI, not to exceed $350,000 of the amounts
appropriated by this Act for ``General operating expenses'' and
``Medical services for priority 1-6 veterans) may be
expended.</DELETED>
<DELETED>Veterans Health Administration</DELETED>
<DELETED>medical services for priority 1-6 veterans</DELETED>
<DELETED> For necessary expenses for furnishing, as authorized by
law, inpatient and outpatient care and treatment to beneficiaries of
the Department of Veterans Affairs other than veterans described in
paragraphs (7) and (8) of section 1705(a) of title 38, United States
Code, including care and treatment in facilities not under the
jurisdiction of the department and including medical supplies and
equipment and salaries and expenses of health-care employees hired
under title 38, United States Code, and aid to State homes as
authorized by section 1741 of title 38, United States Code;
$15,779,220,000, plus reimbursements: Provided, That of the funds made
available under this heading, not less than $200,000,000 is for the
equipment object classification, 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 $700,000,000 shall be
available until September 30, 2005.</DELETED>
<DELETED>medical services for priority 7-8 veterans</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> For necessary expenses for furnishing, as authorized by
law, inpatient and outpatient care and treatment to beneficiaries of
the Department of Veterans Affairs who are veterans described in
paragraphs (7) and (8) of section 1705(a) of title 38, United States
Code, including care and treatment in facilities not under the
jurisdiction of the Department and including medical supplies and
equipment and salaries and expenses of health-care employees hired
under title 38, United States Code, and aid to State homes as
authorized by section 1741 of title 38, United States Code;
$2,164,000,000, plus reimbursements: Provided, That of the amounts
provided under this heading, $1,500,000,000 shall be derived from
amounts deposited during the current fiscal year in the Department of
Veterans Affairs Medical Care Collections Fund under section 1729A of
title 38, United States Code, and transferred to this account, to
remain available until expended.</DELETED>
<DELETED>medical and prosthetic research</DELETED>
<DELETED> For necessary expenses in carrying out programs of medical
and prosthetic research and development as authorized by chapter 73 of
title 38, United States Code, to remain available until September 30,
2005, $408,000,000, plus reimbursements.</DELETED>
<DELETED>medical administration</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> 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; information technology hardware
and software; uniforms or allowances therefor, as authorized by
sections 5901-5902 of title 5, United States Code; and administrative
and legal expenses of the department for collecting and recovering
amounts owed the department as authorized under chapter 17 of title 38,
United States Code, and the Federal Medical Care Recovery Act (42
U.S.C. 2651 et seq.); $4,854,000,000, of which $300,000,000 shall be
available until September 30, 2005, plus reimbursements: Provided, That
funds available under this heading may be transferred to ``Medical
Services for Priority 1-6 Veterans'' or to ``Medical Services for
Priority 7-8 Veterans'' after notice of the amount and purpose of the
transfer is provided to the Committees on Appropriations of the Senate
and House of Representatives and a period of 30 days has
elapsed.</DELETED>
<DELETED>medical facilities</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> For necessary expenses for the maintenance and operation
of hospitals, nursing homes, and domiciliary facilities and other
necessary facilities for the Veterans Health Administration; for
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; for oversight, engineering and architectural activities not
charged to project costs; for 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; for leases of facilities; and for laundry and food services,
$4,000,000,000: Provided, That of the funds made available under this
heading, not less than $80,000,000 is for the land and structures
object classification, which amount shall not become available for
obligation until August 1, 2004, and shall remain available until
September 30, 2005: Provided further, That funds available under this
heading may be transferred to ``Medical Services for Priority 1-6
Veterans'' or to ``Medical Services for Priority 7-8 Veterans'' after
notice of the amount and purpose of the transfer is provided to the
Committees on Appropriations of the Senate and House of Representatives
and a period of 30 days has elapsed.</DELETED>
<DELETED>Departmental Administration</DELETED>
<DELETED>general operating expenses</DELETED>
<DELETED> 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
$1,005,000,000: Provided further, That of the funds made available
under this heading, not to exceed $66,000,000 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: Provided
further, That travel expenses for this account shall not exceed
$17,082,000.</DELETED>
<DELETED>national cemetery administration</DELETED>
<DELETED> 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,
$144,223,000, to remain available until September 30, 2005.</DELETED>
<DELETED>office of inspector general</DELETED>
<DELETED> For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of 1978, as
amended, $61,750,000, to remain available until September 30,
2005.</DELETED>
<DELETED>construction, major projects</DELETED>
<DELETED> 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 $4,000,000 or more or where funds for a project were made
available in a previous major project appropriation, $274,690,000, to
remain available until expended, of which $173,000,000 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, 2004: 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 one 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.</DELETED>
<DELETED>construction, minor projects</DELETED>
<DELETED> 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 less than $4,000,000, $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 less
than $4,000,000, of which $35,000,000 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.</DELETED>
<DELETED>parking revolving fund</DELETED>
<DELETED> For the parking revolving fund as authorized by 38 U.S.C.
8109, income from fees collected, to remain available until expended,
which shall be available for all authorized expenses except operations
and maintenance costs, which will be funded from ``Medical
facilities''.</DELETED>
<DELETED>grants for construction of state extended care
facilities</DELETED>
<DELETED> 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.</DELETED>
<DELETED>grants for the construction of state veterans
cemeteries</DELETED>
<DELETED> 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.</DELETED>
<DELETED>administrative provisions</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> Sec. 101. Any appropriation for fiscal year 2004 for
``Compensation, pension and burial benefits'', ``Readjustment
benefits'', and ``Veterans insurance and indemnities'' may be
transferred to any other of the mentioned appropriations.</DELETED>
<DELETED> 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 hire of passenger
motor vehicles; lease of a facility or land or both; and uniforms or
allowances therefore, as authorized by 5 U.S.C. 5901-5902.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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 collections fund
account at such rates as may be fixed by the Secretary of Veterans
Affairs.</DELETED>
<DELETED> Sec. 105. Appropriations available to the Department of
Veterans Affairs for fiscal year 2004 for ``Compensation, pension and
burial benefits'', ``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.</DELETED>
<DELETED> 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, pension and burial benefits''.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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 $3,010,000 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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--</DELETED>
<DELETED> (1) current, accurate third-party reimbursement
information for purposes of section 1729 of such title;
and</DELETED>
<DELETED> (2) annual income information for purposes of
section 1722 of such title.</DELETED>
<DELETED> Sec. 113. Of the amounts provided in this Act, $25,000,000
shall be for information technology initiatives to support the
enterprise architecture of the Department of Veterans
Affairs.</DELETED>
<DELETED> Sec. 114. Notwithstanding any other provision of law, the
Secretary of Veterans Affairs may establish a priority for treatment
for veterans who have service-connected disability, who are lower-
income veterans, or who have special needs.</DELETED>
<DELETED> Sec. 115. (a) 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. Notwithstanding section 3302(b) of title 31, United States Code,
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 ``Medical services for priority
7-8 veterans'' and the purposes of paying a contractor a percent of the
amount collected as a result of an audit carried out by the
contractor.</DELETED>
<DELETED> (b) All amounts so collected under subsection (a) with
respect to a designated health care region (as that term is defined in
section 1729A(d)(2) of title 38, United States Code) shall be
allocated, net of payments to the contractor, to that region.</DELETED>
<DELETED> Sec. 116. Amounts made available for Medical Services are
available--</DELETED>
<DELETED> (1) for furnishing veterans provided Medical
Services with recreational facilities, supplies, and equipment;
and</DELETED>
<DELETED> (2) for funeral expenses, burial expenses, and
other expenses incidental to funerals and burials for
beneficiaries receiving care in the department.</DELETED>
<DELETED> Sec. 117. Balances in excess of $1,500,000,000 in the
Medical Care Collections Fund as of August 1, 2004 shall be transferred
to ``Medical services for priority 7-8 veterans'' for the purposes
under that heading to be available until expended.</DELETED>
<DELETED> Sec. 118. Amounts made available for fiscal year 2004
under the ``Medical services for priority 1-6 veterans'' and ``Medical
services for priority 7-8 veterans'' accounts may be transferred
between either account to the extent necessary to implement the
restructuring of the Veterans Health Administration accounts after
notice of the amount and purpose of the transfer is provided to the
Committees on Appropriations of the Senate and House of Representatives
and a period of 30 days has elapsed: Provided, That the limitation on
transfers is ten percent in fiscal year 2004.</DELETED>
<DELETED> Sec. 119. The Department of Veterans Affairs medical
center in Houston, Texas, shall after the date of the enactment of this
Act be known as designated as the ``Michael E. DeBakey Department of
Veterans Affairs Medical Center''. Any reference in any law,
regulation, map, document, record, or other paper of the United States
to such medical center shall be considered to be a reference to the
Michael E. DeBakey Department of Veterans Affairs Medical
Center.</DELETED>
<DELETED> Sec. 120. The Secretary of Veterans Affairs shall
maximize, to the greatest extent possible, sharing agreements for
services, programs and facilities with the Department of Defense,
particularly in areas where facilities and/or targeted populations are
in close proximity: Provided, That the Secretary of Veterans Affairs
shall submit a report to the Committees on Appropriations no later than
December 1, 2003, detailing restrictive regulations, policies, and
regulatory redundancies that inhibit resource sharing, and provide
milestone dates to address each identified issue.</DELETED>
<DELETED>TITLE II--DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT</DELETED>
<DELETED>Public and Indian Housing</DELETED>
<DELETED>housing certificate fund</DELETED>
<DELETED>(including transfer and rescission of funds)</DELETED>
<DELETED> 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, $18,430,606,000 (increased by
$150,000,000), and amounts that are recaptured in this account, to
remain available until expended: Provided, That of the amounts made
available under this heading, $14,230,606,000 (increased by
$150,000,000) 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:</DELETED>
<DELETED> (1) $16,295,578,000 (increased by $150,000,000)
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 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 on
such statement: 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;</DELETED>
<DELETED> (2) $568,503,000 for a central fund to be
allocated by the Secretary for amendments to section 8 tenant-
based annual contributions contracts for such purposes set
forth in this paragraph: Provided, That subject to the
following proviso, the Secretary may use amounts made available
in such fund, as necessary, for contract amendments resulting
from a significant increase in the per unit cost of vouchers or
an increase in the total number of unit months under lease as
compared to the per unit cost or the total number of unit
months provided for by the annual contributions contract:
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
fifty 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 thirty 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 in accordance
with the directions specified in the report accompanying this
Act;</DELETED>
<DELETED> (3) $206,495,100 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;</DELETED>
<DELETED> (4) $48,000,000 for family self-sufficiency
coordinators under section 23 of the Act;</DELETED>
<DELETED> (5) not to exceed $1,209,020,000 for
administrative and other expenses of public housing agencies in
administering the section 8 tenant-based rental assistance
program: Provided, That, notwithstanding any other provision of
law or regulation, the Secretary shall allocate funds provided
in this paragraph among public housing agencies in a manner
prescribed by the Secretary: Provided further, That none of the
funds provided in this Act or any other Act may be used to
supplement the amounts provided in this paragraph: Provided
further, That, hereafter, the Secretary shall recapture any
funds provided under this heading in this Act or any other Act
for administrative fees and other expenses from a public
housing agency which are in excess of the amounts expended by
such agency for the section 8 tenant-based rental assistance
program and not otherwise needed to maintain an administrative
fee reserve account balance of not to exceed five percent:
Provided further, That all such administrative fee amounts
provided under this paragraph shall be only for activities
directly related to the provision of rental assistance under
section 8;</DELETED>
<DELETED> (6) $100,000,000 for contract administrators for
section 8 project-based assistance; and</DELETED>
<DELETED> (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
programs or activities under ``Public and Indian Housing'':
Provided, That the Secretary may transfer up to 15 percent of
funds provided under paragraphs (1), (2) or (5), herein to
paragraphs (1) or (2), 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 further, 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 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.</DELETED>
<DELETED>public housing capital fund</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> 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) (the ``Act'') $2,712,255,000, 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, $429,000,000 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 year 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 year 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
section 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 if the Secretary issues a regulation for effect implementing
section 9(j) of the United States Housing Act of 1937 (42 U.S.C.
1437g(j)), the first and third provisos under this heading shall cease
to be effective: Provided further, That of the total amount provided
under this heading, up to $51,000,000 shall be for carrying out
activities under section 9(h) of such Act, of which $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 2004: 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.</DELETED>
<DELETED> 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''.</DELETED>
<DELETED>public housing operating fund</DELETED>
<DELETED> For 2004 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)), $3,600,000,000: 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 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 in 2004
and hereafter, no amounts provided under this heading may be used for
payments to public housing agencies for the costs of operation and
management of public housing in any year prior to the current
year.</DELETED>
<DELETED>revitalization of severely distressed public housing (hope
vi)</DELETED>
<DELETED> 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, $50,000,000, to remain available until
September 30, 2005, of which the Secretary may use up to $500,000
(increased by $4,500,000) 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, 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.</DELETED>
<DELETED>native american housing block grants</DELETED>
<DELETED>(including transfers of funds)</DELETED>
<DELETED> 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.),
$661,600,000, 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
$5,000,000 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,
$1,000,000 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 $8,049,000: 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.</DELETED>
<DELETED>indian housing loan guarantee fund program account</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>native hawaiian housing loan guarantee fund program
account</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> 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), $1,000,000, 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 $35,347,985.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Community Planning and Development</DELETED>
<DELETED>housing opportunities for persons with aids</DELETED>
<DELETED> 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.), $297,000,000 (increased by $5,000,000), 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
Secretary may use up to $2,000,000 of the funds under this heading for
training, oversight, and technical assistance activities.</DELETED>
<DELETED>rural housing and economic development</DELETED>
<DELETED> 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 competitively
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.</DELETED>
<DELETED>empowerment zones/enterprise communities</DELETED>
<DELETED> For grants in connection with a second round of
empowerment zones and enterprise communities, $15,000,000, to remain
available until September 30, 2005, for ``Urban Empowerment Zones'', as
authorized in section 1391(g) of the Internal Revenue Code of 1986 (26
U.S.C. 1391(g)), including $1,000,000 for each empowerment zone for use
in conjunction with economic development activities consistent with the
strategic plan of each empowerment zone.</DELETED>
<DELETED>community development fund</DELETED>
<DELETED>(including transfers of funds)</DELETED>
<DELETED> For assistance to units of State and local government, and
to other entities, for economic and community development activities,
and for other purposes, $4,959,000,000, to remain available until
September 30, 2006: Provided, That of the amount provided,
$4,538,650,000 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 unless explicitly provided for under this
heading (except for planning grants provided in the third paragraph and
amounts made available in the second paragraph), 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:
Provided further, That $72,000,000 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; $2,400,000 shall be for a
grant to the National American Indian Housing Council; $5,000,000 shall
be available as a grant to the National Housing Development
Corporation, for operating expenses not to exceed $2,000,000 and for a
program of affordable housing acquisition and rehabilitation;
$5,000,000 shall be available as a grant to the National Council of La
Raza for the HOPE Fund, of which $500,000 is for technical assistance
and fund management, and $4,500,000 is for investments in the HOPE Fund
and financing to affiliated organizations; $43,000,000 shall be for
grants pursuant to section 107 of the Act, of which $9,500,000 shall be
for the Native Hawaiian block grant authorized under title VIII of the
Native American Housing Assistance and Self-Determination Act of 1996;
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''; $28,000,000 shall be for grants pursuant to the Self
Help Homeownership Opportunity Program; $33,250,000 shall be for
capacity building, of which $28,250,000 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
$5,000,000 shall be for capacity building activities administered by
Habitat for Humanity International; $65,000,000 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 $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.</DELETED>
<DELETED> 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 amounts made available under this paragraph
shall be provided in accordance with the terms and conditions specified
in the report accompanying this Act.</DELETED>
<DELETED> Of the amount made available under this heading,
$137,500,000 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: Provided, That none of the funds provided under
this paragraph may be used for program operations.</DELETED>
<DELETED> The referenced statement of the managers under this
heading in Public Law 107-73 is deemed to be amended with respect to
the amount made available to the North Carolina Community Land Trust
Initiative by striking ``North Carolina Community Land Trust
Initiative'' and inserting ``Orange Community Housing and Land
Trust''.</DELETED>
<DELETED> The referenced statement of the managers under this
heading in Public Law 107-73 is deemed to be amended with respect to
the amount made available to the Willacy County Boys and Girls Club in
Willacy County, Texas by striking ``Willacy County Boys and Girls Club
in Willacy County, Texas'' and inserting ``Willacy County,
Texas''.</DELETED>
<DELETED> The referenced statement of the managers under this
heading in Public Law 108-10 is deemed to be amended with respect to
item number 17 by striking ``for sidewalks, curbs, street lighting,
outdoor furniture and facade improvements in the Mill Village
neighborhood'' and inserting ``for the restoration and renovation of
houses within the Lincoln or Dallas mill villages''.</DELETED>
<DELETED> The referenced statement of the managers under this
heading in Public Law 107-73 is deemed to be amended with respect to
the amount made available to the Metropolitan Development Association
in Syracuse, New York by inserting ``and other economic development
planning and revitalization activities'' after the word
``study''.</DELETED>
<DELETED> The referenced statement of the managers under this
heading in Public Law 107-73 is deemed to be amended with respect to
the amount made available to the Staten Island Freedom Memorial Fund by
striking all ``Staten Island Freedom Memorial Fund for the construction
of a memorial in the Staten Island community of St. George, New York''
and inserting ``Staten Island Botanical Garden for construction and
related activities for a healing garden''.</DELETED>
<DELETED> 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 526 by striking ``for an economic
development study for the revitalization of Westchester'' and inserting
``for the reconstruction of renaissance plaza at Main and Mamaroneck in
downtown White Plains''.</DELETED>
<DELETED> 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 877 by striking ``West Virginia
High Technology Consortium Foundation, Inc. in Marion County, West
Virginia for facilities construction for a high-tech park'' and
inserting ``Glenville State College in Glenville, West Virginia for
construction of a new campus community education center''.</DELETED>
<DELETED> 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 126 by striking ``for construction
of'' and inserting ``for facilities improvements and build out
for''.</DELETED>
<DELETED>urban development action grants</DELETED>
<DELETED>(rescission)</DELETED>
<DELETED> 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
canceled.</DELETED>
<DELETED>brownfields redevelopment</DELETED>
<DELETED> For competitive 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.</DELETED>
<DELETED>home investment partnerships program</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> For the HOME investment partnerships program, as
authorized under title II of the Cranston-Gonzalez National Affordable
Housing Act, as amended, $1,939,100,000, 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 $2,100,000 shall be transferred to the Working Capital
Fund for the development of and modifications to information technology
systems which serve programs or activities under ``Community planning
and development''.</DELETED>
<DELETED> In addition to amounts otherwise made available under this
heading, $125,000,000, 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 to be established by the Secretary that
considers a participating jurisdiction's need for, and prior commitment
to, assistance to homebuyers.</DELETED>
<DELETED>homeless assistance grants</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> 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, $1,242,000,000, of which
$1,222,000,000 to remain available until September 30, 2006, and of
which $20,000,000 to remain available until expended: 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 programs or activities under ``Community
planning and development''.</DELETED>
<DELETED>Housing Programs</DELETED>
<DELETED>housing for the elderly</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> 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, $773,320,000, plus
recaptures and cancelled commitments, to remain available until
September 30, 2006, 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, and of which amount up to
$25,000,000 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: Provided, That of the
amount made available under this heading, $16,000,000 shall be
available to the Secretary of Housing and Urban Development only for
making competitive 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 no less than $470,000 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 further, That the Secretary may waive the
provisions of section 202 governing the terms and conditions of project
rental assistance, except that the initial contract term for such
assistance shall not exceed 5 years in duration: Provided further, That
all balances outstanding, as of September 30, 2003, for capital
advances, including amendments to capital advances, for housing for
elderly, as authorized by section 202, for project rental assistance
for housing for the elderly, as authorized under section 202(c)(2) of
such Act, including amendments to contracts shall be transferred to and
merged with the amounts for those purposes under this
heading.</DELETED>
<DELETED>housing for persons with disabilities</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> For 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, $250,570,000, plus
recaptures and cancelled commitments to remain available until
September 30, 2006: Provided, That no less than $470,000 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 further, That of the amount provided under
this heading, other than amounts for renewal of expiring project-based
or tenant-based rental assistance contracts, the Secretary may
designate up to 25 percent for tenant-based rental assistance, as
authorized by section 811 of such Act, (which assistance is five years
in duration): Provided further, That the Secretary may waive the
provisions of section 811 governing the terms and conditions of project
rental assistance and tenant-based assistance, except that the initial
contract term for such assistance shall not exceed five years in
duration: Provided further, That all balances outstanding, as of
September 30, 2003, for capital advances, including amendments to
capital advances, for supportive housing for persons with disabilities,
as authorized by section 811, for project rental assistance for
supportive housing for persons with disabilities, as authorized under
section 811(d)(2), including amendments to contracts for such
assistance and renewal of expiring contracts for such assistance, and
for supportive services associated with the housing for persons with
disabilities as authorized by section 811(b)(1), shall be transferred
to and merged with the amounts for these purposes under this
heading.</DELETED>
<DELETED>flexible subsidy fund</DELETED>
<DELETED>(transfer of funds)</DELETED>
<DELETED> 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, shall be transferred to the
Flexible Subsidy Fund, as authorized by section 236(g) of the National
Housing Act, as amended.</DELETED>
<DELETED>rental housing assistance</DELETED>
<DELETED>(rescission)</DELETED>
<DELETED> 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
prior appropriations Acts.</DELETED>
<DELETED>manufactured housing fees trust fund</DELETED>
<DELETED> 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.), up to $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.</DELETED>
<DELETED>Federal Housing Administration</DELETED>
<DELETED>mutual mortgage insurance program account</DELETED>
<DELETED>(including transfers of funds)</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>general and special risk program account</DELETED>
<DELETED>(including transfers of funds)</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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''.</DELETED>
<DELETED> 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 programs or 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.</DELETED>
<DELETED>Government National Mortgage Association</DELETED>
<DELETED>guarantees of mortgage-backed securities loan guarantee
program account</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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''.</DELETED>
<DELETED>Policy Development and Research</DELETED>
<DELETED>research and technology</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Fair Housing and Equal Opportunity</DELETED>
<DELETED>fair housing activities</DELETED>
<DELETED> 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, $46,000,000, to remain available until September 30, 2005, of
which $20,250,000 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.</DELETED>
<DELETED>Office of Lead Hazard Control</DELETED>
<DELETED>lead hazard reduction</DELETED>
<DELETED> For the Lead Hazard Reduction Program, as authorized by
section 1011 of the Residential Lead-Based Paint Hazard Reduction Act
of 1992, $130,000,000, 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 that shall include research, studies, testing, and demonstration
efforts, including education and outreach concerning lead-based paint
poisoning and other housing-related diseases and hazards.</DELETED>
<DELETED>Management and Administration</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> 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,
$1,122,130,000, 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,
$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, That funds made available under
this heading shall only be allocated in the manner specified in the
report accompanying this Act unless the Committees on Appropriations of
both the House of Representatives and the Senate are notified of any
changes in an operating plan or reprogramming: Provided further, That
no official or employee of the Department shall be designated as an
allotment holder unless the Office of the Chief Financial Officer
(OCFO) has determined that such allotment holder has implemented an
adequate system of funds control and has received training in funds
control procedures and directives: Provided further, That the Chief
Financial Officer shall establish positive control of and maintain
adequate systems of accounting for appropriations and other available
funds as required by 31 U.S.C. 1514: Provided further, That for
purposes of funds control and determining whether a violation exists
under the Anti-Deficiency Act (31 U.S.C. 1341 et seq.), the point of
obligation shall be the executed agreement or contract, except with
respect to insurance and guarantee programs, certain types of salaries
and expenses funding, and incremental funding that is authorized under
an executed agreement or contract, and shall be designated in the
approved funds control plan: Provided further, That the Chief Financial
Officer shall: (a) appoint qualified personnel to conduct
investigations of potential or actual violations; (b) establish minimum
training requirements and other qualifications for personnel that may
be appointed to conduct investigations; (c) establish guidelines and
timeframes for the conduct and completion of investigations; (d)
prescribe the content, format and other requirements for the submission
of final reports on violations; and (e) prescribe such additional
policies and procedures as may be required for conducting
investigations of, and administering, processing, and reporting on,
potential and actual violations of the Anti-Deficiency Act and all
other statutes and regulations governing the obligation and expenditure
of funds made available in this or any other Act: 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</DELETED>\<DELETED>1/2</DELETED>\ <DELETED>percent: Provided further,
That the Secretary shall submit a staffing plan for the Department by
November 15, 2003.</DELETED>
<DELETED> The tenth 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 ``the purpose
of'' and inserting ``purposes of funds control and'' and before the
colon insert the following ``, except with respect to insurance and
guarantee programs, certain types of salaries and expenses funding, and
incremental funding that is authorized under an executed agreement or
contract''.</DELETED>
<DELETED>working capital fund</DELETED>
<DELETED> For additional capital for the Working Capital 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 (reduced by $150,000,000),
to remain available until September 30, 2005: Provided, That any
amounts transferred to this Fund under this Act shall remain available
until expended.</DELETED>
<DELETED>office of inspector general</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> For necessary expenses of the Office of Inspector General
in carrying out the Inspector General Act of 1978, as amended,
$100,080,000, 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.</DELETED>
<DELETED>consolidated fee fund</DELETED>
<DELETED>(rescission)</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Office of Federal Housing Enterprise Oversight</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> 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 $0.</DELETED>
<DELETED>Administrative Provisions</DELETED>
<DELETED> 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.</DELETED>
<DELETED> Sec. 202. None of the amounts made available under this
Act may be used during fiscal year 2003 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.</DELETED>
<DELETED> 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--</DELETED>
<DELETED> (1) received an allocation in a prior fiscal year
under clause (ii) of such section; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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).</DELETED>
<DELETED> Sec. 204. (a) Section 225(a) of the Departments of
Veterans Affairs and Housing and Urban Development, and Independent
Agencies Appropriations Act, 2000, Public Law 106-74 (113 Stat. 1076),
is amended by striking ``year 2000, and the amounts that would
otherwise be allocated for fiscal year 2001 and fiscal year 2002'', and
inserting ``years 2000, 2001, 2002, 2003, and 2004''.</DELETED>
<DELETED> (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 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.</DELETED>
<DELETED> Sec. 205. (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.</DELETED>
<DELETED> (b) The counties specified in this subsection are Oakland
County, Macomb County, Wayne County, and Washtenaw County, in the State
of Michigan.</DELETED>
<DELETED> Sec. 206. Except as explicitly provided in law, any grant,
cooperative agreement or other assistance made pursuant to title II of
this Act shall be made on a competitive basis and in accordance with
section 102 of the Department of Housing and Urban Development Reform
Act of 1989.</DELETED>
<DELETED> Sec. 207. 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).</DELETED>
<DELETED> Sec. 208. 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.</DELETED>
<DELETED> Sec. 209. 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
2003 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.</DELETED>
<DELETED> Sec. 210. 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 November 15,
2003 for 30 days of review.</DELETED>
<DELETED> Sec. 211. 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.</DELETED>
<DELETED> 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, recaptured 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.</DELETED>
<DELETED>TITLE III--INDEPENDENT AGENCIES</DELETED>
<DELETED>American Battle Monuments Commission</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> 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, $47,276,000 (of which $10,000,000 shall not become available
until Septmeber 1, 2004), to remain available until expended.</DELETED>
<DELETED>Chemical Safety and Hazard Investigation Board</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> 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,
$8,550,000: Provided, That the Chemical Safety and Hazard Investigation
Board shall have not more than three career Senior Executive Service
positions.</DELETED>
<DELETED>emergency fund</DELETED>
<DELETED> For necessary expenses of the Chemical Safety and Hazard
Investigation Board for accident investigations not otherwise provided
for, $450,000, to remain available until expended.</DELETED>
<DELETED>Department of the Treasury</DELETED>
<DELETED>Community Development Financial Institutions</DELETED>
<DELETED>community development financial institutions fund program
account</DELETED>
<DELETED> 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, $51,000,000, to remain available
until September 30, 2005, of which $3,000,000 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 $13,000,000 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.</DELETED>
<DELETED>Consumer Product Safety Commission</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> 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: Provided,
That up to $1,000,000 is for purposes of carrying out the Inspector
General Act of 1978.</DELETED>
<DELETED>Corporation for National and Community Service</DELETED>
<DELETED>national and community service programs operating
expenses</DELETED>
<DELETED> 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.), $363,452,000, to
remain available until September 30, 2005: Provided, That not more than
$30,500,000 shall be available for administrative expenses authorized
under section 501(a)(4): Provided further, That not more than $2,500
shall be for official reception and representation expenses: Provided
further, That $244,352,000 of the amount provided under this heading
shall be available 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 including the AmeriCorps program), and
for grants to organizations operating projects under the AmeriCorps
Education Awards Program (without regard to the requirements of
sections 121(d) and (e), 131(e), 132, and 140(a), (d), and (e) of the
Act): of which 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 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 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 less than $24,000,000 of
the funds made available under this heading shall be available for the
Civilian Community Corps authorized under subtitle E of title I of the
Act (42 U.S.C. 12611 et seq.): Provided further, That not more than
$40,000,000 shall be available for school-based and community-based
service-learning programs authorized under subtitle B of title I of the
Act (42 U.S.C. 12521 et seq.): Provided further, That not more than
$6,100,000 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.): 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. only to support efforts to
mobilize individuals, groups, and organizations to build and strengthen
the character and competence of the Nation's youth: Provided further,
That not more than $3,500,000 shall be available for audits and other
evaluations authorized under section 179 of the Act (42 U.S.C.
12639).</DELETED>
<DELETED>national service trust</DELETED>
<DELETED> For payment of educational awards authorized under
subtitle D of title I of the National Community Service Act of 1990 (42
U.S.C. 12601), $110,771,000, to remain available until expended; of
which $5,000,000 shall be available for national service scholarships
for high school students performing community service, and $10,000,000
shall be held in reserve as defined in Public Law 108-45: Provided,
That the Corporation for National and Community Servcice shall enroll
no more than 55,000 volunteers in the National Service Trust with the
funds provided in this Act.</DELETED>
<DELETED>office of inspector general</DELETED>
<DELETED> For necessary expenses of the Office of Inspector General
in carrying out the Inspector General Act of 1978, as amended,
$6,000,000, to remain available until September 30, 2005.</DELETED>
<DELETED>administrative provisions</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>U.S. Court of Appeals for Veterans Claims</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> 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, $15,938,000 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.</DELETED>
<DELETED>Department of Defense--Civil</DELETED>
<DELETED>Cemeterial Expenses, Army</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> 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 one passenger motor vehicle for replacement only, and not
to exceed $1,000 for official reception and representation expenses,
$25,961,000, to remain available until expended.</DELETED>
<DELETED>Department of Health and Human Services</DELETED>
<DELETED>National Institutes of Health</DELETED>
<DELETED>national institute of environmental health sciences</DELETED>
<DELETED> 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,
$80,000,000.</DELETED>
<DELETED>Agency for Toxic Substances and Disease Registry</DELETED>
<DELETED>toxic substances and environmental public health</DELETED>
<DELETED> 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, to be derived 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.</DELETED>
<DELETED>Environmental Protection Agency</DELETED>
<DELETED>science and technology</DELETED>
<DELETED> 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, $767,115,000 (reduced by $7,300,000) which shall remain
available until September 30, 2005.</DELETED>
<DELETED>environmental programs and management</DELETED>
<DELETED> 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,
$2,192,552,000 (increased by $550,000) (reduced by $1,000,000)
(increased by $1,000,000) (reduced by $5,400,000) (increased by
$5,400,000), 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.</DELETED>
<DELETED>office of inspector general</DELETED>
<DELETED> 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.</DELETED>
<DELETED>buildings and facilities</DELETED>
<DELETED> 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 (reduced by
$550,000), to remain available until expended.</DELETED>
<DELETED>hazardous substance superfund</DELETED>
<DELETED>(including transfers of funds)</DELETED>
<DELETED> 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; $1,275,000,000, to remain available until expended, consisting
of $200,000,000, as authorized by section 517(a) of the Superfund
Amendments and Reauthorization Act of 1986 (SARA), as amended, and
$1,075,000,000 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 $44,697,000 shall be transferred to the ``Science and
technology'' appropriation to remain available until September 30,
2005.</DELETED>
<DELETED>leaking underground storage tank trust fund</DELETED>
<DELETED> 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 (increased
by $7,300,000), to remain available until expended.</DELETED>
<DELETED>oil spill response</DELETED>
<DELETED> 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.</DELETED>
<DELETED>state and tribal assistance grants</DELETED>
<DELETED> For environmental programs and infrastructure assistance,
including capitalization grants for State revolving funds and
performance partnership grants, $3,601,950,000, to remain available
until expended, of which $1,200,000,000 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''), of which up to $68,000,000 shall be available for loans,
including interest free loans as authorized by 33 U.S.C. 1383(d)(1)(A),
to municipal, inter-municipal, interstate, or State agencies or
nonprofit entities for projects that provide treatment for or that
minimize sewage or stormwater discharges using one or more approaches
which include, but are not limited to, decentralized or distributed
stormwater controls, decentralized wastewater treatment, low-impact
development practices, conservation easements, stream buffers, or
wetlands restoration; $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; $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;
$25,000,000 shall be for grants to the State of Alaska to address
drinking water and wastewater infrastructure needs of rural and Alaska
Native Villages; $195,000,000 shall be for making grants for the
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 report
accompanying this legislation; $8,250,000 for grants for construction
of alternative decentralized wastewater facilities under the National
Decentralized Wastewater Demonstration program, in accordance with the
terms and conditions specified in the report accompanying this
legislation; $93,500,000 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 $1,180,200,000 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, $50,000,000 shall be for carrying out
section 128 of CERCLA, as amended, and $20,000,000 shall be for
National 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</DELETED>\<DELETED>1/2</DELETED>\ <DELETED>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 108-7, item
number 383, is deemed to be amended by adding after the word
``overflow'', ``and water infrastructure'': Provided further, That the
referenced statement of the managers under this heading in Public Law
108-07, item number 255, is deemed to be amended by inserting ``water
and'' after the words ``Mississippi for'': Provided further, That the
referenced statement of the managers under this heading in Public Law
108-07, item number 256, is deemed to be amended by adding after the
word ``for'', ``water and''.</DELETED>
<DELETED>administrative provisions</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> Section 136a-1 of title 7, U.S.C. is amended--</DELETED>
<DELETED> (1) in subsection (i)(5)(C)(i) by striking
``2003'' and inserting ``2004'';</DELETED>
<DELETED> (2) in subsection (i)(5)(H) by striking ``2003''
and inserting ``2004'';</DELETED>
<DELETED> (3) in subsection (i)(6) by striking ``2003'' and
inserting ``2004''; and</DELETED>
<DELETED> (4) in subsection (k)(3)(A) by striking ``2003''
and inserting ``2004''.</DELETED>
<DELETED>Executive Office of the President</DELETED>
<DELETED>office of science and technology policy</DELETED>
<DELETED> 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.</DELETED>
<DELETED>council on environmental quality and office of environmental
quality</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Federal Deposit Insurance Corporation</DELETED>
<DELETED>office of inspector general</DELETED>
<DELETED> For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of 1978, as
amended, $30,125,000, to be derived from the Bank Insurance Fund, the
Savings Association Insurance Fund, and the FSLIC Resolution
Fund.</DELETED>
<DELETED>General Services Administration</DELETED>
<DELETED>federal citizen information center fund</DELETED>
<DELETED> For necessary expenses of the Federal Citizen Information
Center, including services authorized by 5 U.S.C. 3109, $12,500,000, 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 of
$18,000,000. Appropriations, revenues, and collections accruing to this
Fund during fiscal year 2004 in excess of $18,000,000 shall remain in
the Fund and shall not be available for expenditure except as
authorized in appropriations Acts.</DELETED>
<DELETED>Interagency Council on the Homeless</DELETED>
<DELETED>operating expenses</DELETED>
<DELETED> 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.</DELETED>
<DELETED>National Aeronautics and Space Administration</DELETED>
<DELETED>space flight capabilities</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> 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 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, $7,806,100,000, to remain available until
September 30, 2005, of which $15,000,000 of amounts for the Space
Shuttle Life Extension Program shall be for the development and
independent assessment of concepts to increase Space Shuttle crew
survivability for crew sizes of 4 to 7 astronauts by at least a factor
of 20 relative to the demonstrated crew survival rate of the Space
Shuttle to date, and 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 ``Science, aeronautics and exploration''
in accordance with section 312(b) of the National Aeronautics and Space
Act of 1958, as amended by Public Law 106-377.</DELETED>
<DELETED>science, aeronautics and exploration</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> 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
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, $7,707,900,000, 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.</DELETED>
<DELETED>office of inspector general</DELETED>
<DELETED> For necessary expenses of the Office of Inspector General
in carrying out the Inspector General Act of 1978, as amended,
$26,300,000.</DELETED>
<DELETED>administrative provisions</DELETED>
<DELETED> 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 or environmental compliance and restoration
activities 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> From amounts made available in this Act for these
activities, the Administration may transfer amounts between aeronautics
of the ``Science, Aeronautics and Exploration'' account and
crosscutting technologies of the ``Space flight capabilities''
account.</DELETED>
<DELETED> Funds for announced prizes otherwise authorized shall
remain available, without fiscal year limitation, until the prize is
claimed or the offer is withdrawn.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>National Credit Union Administration</DELETED>
<DELETED>central liquidity facility</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> 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.</DELETED>
<DELETED>community development revolving loan fund</DELETED>
<DELETED> For the Community Development Revolving Loan Fund program
as authorized by 42 U.S.C. 9812, 9822 and 9910, $1,000,000 for
technical assistance to low-income and community development credit
unions.</DELETED>
<DELETED>National Science Foundation</DELETED>
<DELETED>research and related activities</DELETED>
<DELETED> 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; $4,306,360,000 (reduced
by $5,000,000), of which not more than $355,000,000 (reduced by
$5,000,000) 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 and used for authorized purposes of
this account.</DELETED>
<DELETED>major research equipment and facilities construction</DELETED>
<DELETED> 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,
$192,330,000, to remain available until expended.</DELETED>
<DELETED>education and human resources</DELETED>
<DELETED> 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, $910,680,000, 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.</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> 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; reimbursement of the General Services Administration for
security guard services; $215,900,000: 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.</DELETED>
<DELETED>office of the national science board</DELETED>
<DELETED> 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.), $3,800,000: Provided, That not more than $9,000
shall be available for official reception and representation
expenses.</DELETED>
<DELETED>office of inspector general</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Neighborhood Reinvestment Corporation</DELETED>
<DELETED>payment to the neighborhood reinvestment corporation</DELETED>
<DELETED> 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.</DELETED>
<DELETED>administrative provision</DELETED>
<DELETED> Section 605(a) of the Neighborhood Reinvestment
Corporation Act (42 U.S.C. 8104) is amended by--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.''.</DELETED>
<DELETED>Selective Service System</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> 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; $28,290,000: 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.</DELETED>
<DELETED>TITLE IV--GENERAL PROVISIONS</DELETED>
<DELETED> 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.</DELETED>
<DELETED> Sec. 402. No funds appropriated by this Act may be
expended--</DELETED>
<DELETED> (1) pursuant to a certification of an officer or
employee of the United States unless--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (B) the expenditure of funds pursuant to
such certification, and without such a voucher or
abstract, is specifically authorized by law;
and</DELETED>
<DELETED> (2) unless such expenditure is subject to audit by
the General Accounting Officer or is specifically exempt by law
from such audit.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED> 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.).</DELETED>
<DELETED> 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.</DELETED>
<DELETED> Sec. 408. 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.</DELETED>
<DELETED> Sec. 409. 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.</DELETED>
<DELETED> Sec. 410. 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.</DELETED>
<DELETED> Sec. 411. 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.</DELETED>
<DELETED> Sec. 412. 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.</DELETED>
<DELETED> Sec. 413. 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.</DELETED>
<DELETED> Sec. 414. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of the
United States Government except pursuant to a transfer made by, or
transfer authority provided in, this Act or any other appropriation
Act.</DELETED>
<DELETED> Sec. 415. 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.</DELETED>
<DELETED> Sec. 416. Section 312 of the National Aeronautics and
Space Administration of 1958, as amended, is further amended--
</DELETED>
<DELETED> (1) by striking the second Sec. ``312'' and
inserting ``313'';</DELETED>
<DELETED> (2) by inserting the title, ``Full Cost
Appropriations Account Structure'', before Sec. 313;</DELETED>
<DELETED> (3) in subsection (a)--</DELETED>
<DELETED> (A) by striking ``Human space flight'' and
inserting ``Space flight capabilities'';</DELETED>
<DELETED> (B) by striking ``technology'' and
inserting ``exploration''; and</DELETED>
<DELETED> (C) by striking ``2002'' and inserting
``2004''; and</DELETED>
<DELETED> (4) by striking subsection (c), and inserting the
following new subsection:</DELETED>
<DELETED> ``(c) The unexpired balances of prior appropriations to
the Administration for activities authorized under this Act may be
transferred to the new account established for such activity in
subsection (a). 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''.</DELETED>
<DELETED> Sec. 417. None of the funds made available in this Act may
be used to implement any policy prohibiting the Directors of the
Veterans Integrated Service Networks from conducting outreach or
marketing to enroll new veterans within their respective
Networks.</DELETED>
<DELETED> Sec. 418. None of the funds provided in this Act may be
expended to apply, in a numerical estimate of the benefits of an agency
action prepared pursuant to Executive Order No. 12866 or section 812 of
the Clean Air Act, monetary values for adult premature mortality that
differ based on the age of the adult.</DELETED>
<DELETED>sense of congress regarding wait times for veterans</DELETED>
<DELETED> Sec. 419. It is the sense of Congress that no veteran
should wait more than 30 days for an initial doctor's
appointment.</DELETED>
<DELETED> Sec. 420. None of the funds made available in this Act may
be used to accept, consider, or rely on third-party intentional dosing
human studies for pesticides.</DELETED>
<DELETED> Sec. 421. None of the funds made available in this Act may
be used for voluntary separation incentive payments as provided for in
subchapter II of chapter 35 of title 5, United States Code, unless the
Administrator has first certified to Congress that such payments would
not result in the loss of skills related to the safety of the Space
Shuttle or the International Space Station or to the conduct of
independent safety oversight in the National Aeronautics and Space
Administration.</DELETED>
<DELETED> This Act may be cited as the ``Departments of Veterans
Affairs and Housing and Urban Development, and Independent Agencies
Appropriations Act, 2004''.</DELETED>
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
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.
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.
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.
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.
Sec. 117. 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.
Sec. 118. (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.
Sec. 119. (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.
Sec. 120. Not later than 120 days after the date of the enactment
of this Act, the Secretary of Veterans Affairs shall enter into an
agreement with the Institute of Medicine of the National Academy of
Sciences under which agreement the Institute of Medicine shall develop
and evaluate epidemiological studies on Vietnam veterans in accordance
with the recommendations of the 2003 National Academy of Sciences
report entitled ``Characterizing Exposure of Veterans to Agent Orange
and Other Herbicides Used in Vietnam: Interim Findings and
Recommendations''.
Sec. 121. No funds appropriated or otherwise made available for the
Department of Veterans Affairs by this Act or any other Act may be
obligated or expended to implement the policy contained in the
memorandum of the Department of Veterans Affairs dated July 18, 2002,
from the Deputy Under Secretary for Health for Operations and
Management with the subject ``Status of VHA Enrollment and Associated
Issues'' or any other policy prohibiting the Directors of the Veterans
Integrated Service Networks (VISNs) from conducting outreach or
marketing to enroll new veterans within their Networks.
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 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.
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 $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 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 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, $1,111,530,000, 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, $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 the total
amount made available under this heading shall be used 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.
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 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).
``(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 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''.
Sec. 226. Native American Housing. 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.
Sec. 227. 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).''.
Sec. 228. 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.
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: 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: 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''.
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, $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 theSmall Business
Liability Relief and Brownfields Revitalization Act of 2002, 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.
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
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.
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) of the Clean Air Act (42 U.S.C. 7543(e)(1)) is
amended by--
(1) striking the words ``either of''; and
(2) in subparagraph (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.
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').
``(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.
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 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.
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.
Sec. 418. 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 $6,400 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.
Sec. 419. 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 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).''.
Sec. 420. 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''.
Sec. 421. (a) Congress makes the following findings:
(1) During Operation Desert Shield and Operation Desert
Storm (in this section, collectively referred to as the ``First
Gulf War''), the regime of Saddam Hussein committed grave human
rights abuses and acts of terrorism against the people of Iraq
and citizens of the United States.
(2) United States citizens who were taken prisoner by the
regime of Saddam Hussein during the First Gulf War were
brutally tortured and forced to endure severe physical trauma
and emotional abuse.
(3) The regime of Saddam Hussein used civilian citizens of
the United States who were working in the Persian Gulf region
before and during the First Gulf War as so-called human
shields, threatening the personal safety and emotional well-
being of such civilians.
(4) Congress has recognized and authorized the right of
United States citizens, including prisoners of war, to hold
terrorist states, such as Iraq during the regime of Saddam
Hussein, liable for injuries caused by such states.
(5) The United States district courts are authorized to
adjudicate cases brought by individuals injured by terrorist
states.
(b) It is the sense of Congress that--
(1) notwithstanding section 1503 of the Emergency Wartime
Supplemental Appropriations Act, 2003 (Public Law 108-11; 117
Stat. 579) and any other provision of law, a citizen of the
United States who was a prisoner of war or who was used by the
regime of Saddam Hussein and by Iraq as a so-called human
shield during the First Gulf War should have the opportunity to
have any claim for damages caused by the regime of Saddam
Hussein and by Iraq incurred by such citizen fully adjudicated
in the appropriate United States district court;
(2) any judgment for such damages awarded to such citizen,
or the family of such citizen, should be fully enforced; and
(3) the Attorney General should enter into negotiations
with each such citizen, or the family of each such citizen, to
develop a fair and reasonable method of providing compensation
for the damages each such citizen incurred, including using
assets of the regime of Saddam Hussein held by the Government
of the United States or any other appropriate sources to
provide such compensation.
Sec. 422. None of the funds provided in this Act may be expended to
apply, in a numerical estimate of the benefits of an agency action
prepared pursuant to Executive Order 12866 or section 812 of the Clean
Air Act, monetary values for adult premature mortality that differ
based on the age of the adult.
Sec. 423. 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 (Public Law
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. 424. 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).
Sec. 425. 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 ``January 1, 2005''.
Sec. 426. There shall be made available $500,000 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.
TITLE V--PESTICIDE PRODUCTS AND FEES
Sec. 501. Pesticide Registration. (a) Short Title.--This title 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--
(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.
``(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
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.
``(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.
Sec. 502. It is the sense of the Senate that human dosing studies
of pesticides raises ethical and health questions.
This Act may be cited as the ``Departments of Veterans Affairs and
Housing and Urban Development, and Independent Agencies Appropriations
Act, 2004''.
Passed the House of Representatives July 25, 2003.
Attest:
JEFF TRANDAHL,
Clerk.
Passed the Senate November 18, 2003.
Attest:
EMILY J. REYNOLDS,
Secretary.