108TH CONGRESS

1ST SESSION H. R. 2861

AN ACT

Making appropriations for the Departments of Veterans Affairs and Housing and Urban Development, and for sundry independent agencies,

boards, commissions, corporations, and officesfor the fiscal year ending September 30, 2004,and for other purposes.

108TH CONGRESS

1ST SESSION H. R. 2861

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.
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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 That the following sums are appropriated, out of any

4 money in the Treasury not otherwise appropriated, for the

5 Departments of Veterans Affairs and Housing and Urban

6 Development, and for sundry independent agencies,

7 boards, commissions, corporations, and offices for the fis8 cal year ending September 30, 2004, and for other pur9 poses, namely:

10 TITLE I—DEPARTMENT OF VETERANS AFFAIRS

11 VETERANS BENEFITS ADMINISTRATION

12 COMPENSATION, PENSION AND BURIAL BENEFITS

13 (INCLUDING TRANSFER OF FUNDS)

14 For the payment of compensation benefits to or on

15 behalf of veterans and a pilot program for disability ex16 aminations as authorized by law (38 U.S.C. 107, chapters

17 11, 13, 18, 51, 53, 55, and 61); pension benefits to or

18 on behalf of veterans as authorized by law (38 U.S.C.

19 chapters 15, 51, 53, 55, and 61; 92 Stat. 2508); and bur20 ial benefits, emergency and other officers’ retirement pay,

21 adjusted-service credits and certificates, payment of pre22 miums due on commercial life insurance policies guaran23 teed under the provisions of article IV of the Soldiers’ and

24 Sailors’ Civil Relief Act of 1940 (50 U.S.C. App. 540 et

25 seq.) and for other benefits as authorized by law (38

26 U.S.C. 107, 1312, 1977, and 2106, chapters 23, 51, 53,
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1 55, and 61; 50 U.S.C. App. 540–548; 43 Stat. 122, 123;

2 45 Stat. 735; 76 Stat. 1198), $29,845,127,000, to remain

3 available until expended: Provided, That not to exceed

4 $17,617,000 of the amount appropriated under this head5 ing shall be reimbursed to ‘‘General operating expenses’’

6 and ‘‘Medical services for priority 1–6 veterans’’ for nec7 essary expenses in implementing those provisions author8 ized in the Omnibus Budget Reconciliation Act of 1990,

9 and in the Veterans’ Benefits Act of 1992 (38 U.S.C.

10 chapters 51, 53, and 55), the funding source for which

11 is specifically provided as the ‘‘Compensation, pension and

12 burial benefits’’ appropriation: Provided further, That such

13 sums as may be earned on an actual qualifying patient

14 basis, shall be reimbursed to ‘‘Medical facilities revolving

15 fund’’ to augment the funding of individual medical facili16 ties for nursing home care provided to pensioners as au17 thorized.

18 READJUSTMENT BENEFITS

19 For the payment of readjustment and rehabilitation

20 benefits to or on behalf of veterans as authorized by law

21 (38 U.S.C. chapters 21, 30, 31, 34, 35, 36, 39, 51, 53,

22 55, and 61), $2,529,734,000, to remain available until ex23 pended: Provided, That expenses for rehabilitation pro24 gram services and assistance which the Secretary is au25 thorized to provide under section 3104(a) of title 38,

26 United States Code, other than under subsection (a)(1),
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1 (2), (5), and (11) of that section, shall be charged to this

2 account.

3 VETERANS INSURANCE AND INDEMNITIES

4 For military and naval insurance, national service life

5 insurance, servicemen’s indemnities, service-disabled vet6 erans insurance, and veterans mortgage life insurance as

7 authorized by 38 U.S.C. chapter 19; 70 Stat. 887; 72

8 Stat. 487, $29,017,000, to remain available until ex9 pended.

10 VETERANS HOUSING BENEFIT PROGRAM FUND PROGRAM

11 ACCOUNT

12 (INCLUDING TRANSFER OF FUNDS)

13 For the cost of direct and guaranteed loans, such

14 sums as may be necessary to carry out the program, as

15 authorized by 38 U.S.C. chapter 37, subchapters I–III,

16 as amended: Provided, That such costs, including the cost

17 of modifying such loans, shall be as defined in section 502

18 of the Congressional Budget Act of 1974, as amended:

19 Provided further, That during fiscal year 2004, within the

20 resources available, not to exceed $300,000 in gross obli21 gations for direct loans are authorized for specially adapt22 ed housing loans, 38 U.S.C. 3711(i).

23 In addition, for administrative expenses to carry out

24 the direct and guaranteed loan programs, $154,850,000,

25 which may be transferred to and merged with the appro26 priation for ‘‘General operating expenses’’.
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1 EDUCATION LOAN FUND PROGRAM ACCOUNT

2 (INCLUDING TRANSFER OF FUNDS)

3 For the cost of direct loans, $1,000, as authorized

4 by 38 U.S.C. 3698, as amended: Provided, That such

5 costs, including the cost of modifying such loans, shall be

6 as defined in section 502 of the Congressional Budget Act

7 of 1974, as amended: Provided further, That these funds

8 are available to subsidize gross obligations for the prin9 cipal amount of direct loans not to exceed $3,400.

10 In addition, for administrative expenses necessary to

11 carry out the direct loan program, $70,000, which may

12 be transferred to and merged with the appropriation for

13 ‘‘General operating expenses’’.

14 VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT

15 (INCLUDING TRANSFER OF FUNDS)

16 For the cost of direct loans, $52,000, as authorized

17 by 38 U.S.C. chapter 31, as amended: Provided, That such

18 costs, including the cost of modifying such loans, shall be

19 as defined in section 502 of the Congressional Budget Act

20 of 1974, as amended: Provided further, That funds made

21 available under this heading are available to subsidize

22 gross obligations for the principal amount of direct loans

23 not to exceed $3,938,000.

24 In addition, for administrative expenses necessary to

25 carry out the direct loan program, $300,000, which may
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1 be transferred to and merged with the appropriation for

2 ‘‘General operating expenses’’.

3 NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM

4 ACCOUNT

5 (INCLUDING TRANSFER OF FUNDS)

6 For administrative expenses to carry out the direct

7 loan program authorized by 38 U.S.C. chapter 37, sub8 chapter V, as amended, $571,000, which may be trans9 ferred to and merged with the appropriation for ‘‘General

10 operating expenses’’: Provided, That no new loans in ex11 cess of $40,000,000 may be made in fiscal year 2004.

12 GUARANTEED TRANSITIONAL HOUSING LOANS FOR

13 HOMELESS VETERANS PROGRAM ACCOUNT

14 For the administrative expenses to carry out the

15 guaranteed transitional housing loan program authorized

16 by 38 U.S.C. chapter 37, subchapter VI, not to exceed

17 $350,000 of the amounts appropriated by this Act for

18 ‘‘General operating expenses’’ and ‘‘Medical services for

19 priority 1–6 veterans) may be expended.

20 VETERANS HEALTH ADMINISTRATION

21 MEDICAL SERVICES FOR PRIORITY 1–6 VETERANS

22 For necessary expenses for furnishing, as authorized

23 by law, inpatient and outpatient care and treatment to

24 beneficiaries of the Department of Veterans Affairs other

25 than veterans described in paragraphs (7) and (8) of sec26 tion 1705(a) of title 38, United States Code, including
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1 care and treatment in facilities not under the jurisdiction

2 of the department and including medical supplies and

3 equipment and salaries and expenses of health-care em4 ployees hired under title 38, United States Code, and aid

5 to State homes as authorized by section 1741 of title 38,

6 United States Code; $15,779,220,000, plus reimburse7 ments: Provided, That of the funds made available under

8 this heading, not less than $200,000,000 is for the equip9 ment object classification, which amount shall not become

10 available for obligation until August 1, 2004, and shall

11 remain available until September 30, 2005: Provided fur12 ther, That of the funds made available under this heading,

13 not to exceed $700,000,000 shall be available until Sep14 tember 30, 2005.

15 MEDICAL SERVICES FOR PRIORITY 7–8 VETERANS

16 (INCLUDING TRANSFER OF FUNDS)

17 For necessary expenses for furnishing, as authorized

18 by law, inpatient and outpatient care and treatment to

19 beneficiaries of the Department of Veterans Affairs who

20 are veterans described in paragraphs (7) and (8) of section

21 1705(a) of title 38, United States Code, including care

22 and treatment in facilities not under the jurisdiction of

23 the Department and including medical supplies and equip24 ment and salaries and expenses of health-care employees

25 hired under title 38, United States Code, and aid to State

26 homes as authorized by section 1741 of title 38, United
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1 States Code; $2,164,000,000, plus reimbursements: Pro2 vided, That of the amounts provided under this heading,

3 $1,500,000,000 shall be derived from amounts deposited

4 during the current fiscal year in the Department of Vet5 erans Affairs Medical Care Collections Fund under section

6 1729A of title 38, United States Code, and transferred

7 to this account, to remain available until expended.

8 MEDICAL AND PROSTHETIC RESEARCH

9 For necessary expenses in carrying out programs of

10 medical and prosthetic research and development as au11 thorized by chapter 73 of title 38, United States Code,

12 to remain available until September 30, 2005,

13 $408,000,000, plus reimbursements.

14 MEDICAL ADMINISTRATION

15 (INCLUDING TRANSFER OF FUNDS)

16 For necessary expenses in the administration of the

17 medical, hospital, nursing home, domiciliary, construction,

18 supply, and research activities, as authorized by law; ad19 ministrative expenses in support of capital policy activi20 ties; information technology hardware and software; uni21 forms or allowances therefor, as authorized by sections

22 5901–5902 of title 5, United States Code; and administra23 tive and legal expenses of the department for collecting

24 and recovering amounts owed the department as author25 ized under chapter 17 of title 38, United States Code, and

26 the Federal Medical Care Recovery Act (42 U.S.C. 2651
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1 et seq.); $4,854,000,000, of which $300,000,000 shall be

2 available until September 30, 2005, plus reimbursements:

3 Provided, That funds available under this heading may be

4 transferred to ‘‘Medical Services for Priority 1–6 Vet5 erans’’ or to ‘‘Medical Services for Priority 7–8 Veterans’’

6 after notice of the amount and purpose of the transfer

7 is provided to the Committees on Appropriations of the

8 Senate and House of Representatives and a period of 30

9 days has elapsed.

10 MEDICAL FACILITIES

11 (INCLUDING TRANSFER OF FUNDS)

12 For necessary expenses for the maintenance and op13 eration of hospitals, nursing homes, and domiciliary facili14 ties and other necessary facilities for the Veterans Health

15 Administration; for administrative expenses in support of

16 planning, design, project management, real property ac17 quisition and disposition, construction and renovation of

18 any facility under the jurisdiction or for the use of the

19 department; for oversight, engineering and architectural

20 activities not charged to project costs; for repairing, alter21 ing, improving or providing facilities in the several hos22 pitals and homes under the jurisdiction of the department,

23 not otherwise provided for, either by contract or by the

24 hire of temporary employees and purchase of materials;

25 for leases of facilities; and for laundry and food services,

26 $4,000,000,000: Provided, That of the funds made avail-
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1 able under this heading, not less than $80,000,000 is for

2 the land and structures object classification, which amount

3 shall not become available for obligation until August 1,

4 2004, and shall remain available until September 30,

5 2005: Provided further, That funds available under this

6 heading may be transferred to ‘‘Medical Services for Pri7 ority 1–6 Veterans’’ or to ‘‘Medical Services for Priority

8 7–8 Veterans’’ after notice of the amount and purpose of

9 the transfer is provided to the Committees on Appropria10 tions of the Senate and House of Representatives and a

11 period of 30 days has elapsed.

12 DEPARTMENTAL ADMINISTRATION

13 GENERAL OPERATING EXPENSES

14 For necessary operating expenses of the Department

15 of Veterans Affairs, not otherwise provided for, including

16 administrative expenses in support of department-wide

17 capital planning, management and policy activities, uni18 forms or allowances therefor; not to exceed $25,000 for

19 official reception and representation expenses; hire of pas20 senger motor vehicles; and reimbursement of the General

21 Services Administration for security guard services, and

22 the Department of Defense for the cost of overseas em23 ployee mail, $1,283,272,000: Provided, That expenses for

24 services and assistance authorized under 38 U.S.C.

25 3104(a)(1), (2), (5), and (11) that the Secretary deter-
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1 mines are necessary to enable entitled veterans: (1) to the

2 maximum extent feasible, to become employable and to ob3 tain and maintain suitable employment; or (2) to achieve

4 maximum independence in daily living, shall be charged

5 to this account: Provided further, That the Veterans Bene6 fits Administration shall be funded at not less than

7 $1,005,000,000: Provided further, That of the funds made

8 available under this heading, not to exceed $66,000,000

9 shall be available for obligation until September 30, 2005:

10 Provided further, That from the funds made available

11 under this heading, the Veterans Benefits Administration

12 may purchase up to two passenger motor vehicles for use

13 in operations of that Administration in Manila, Phil14 ippines: Provided further, That travel expenses for this ac15 count shall not exceed $17,082,000.

16 NATIONAL CEMETERY ADMINISTRATION

17 For necessary expenses of the National Cemetery Ad18 ministration for operations and maintenance, not other19 wise provided for, including uniforms or allowances there20 for; cemeterial expenses as authorized by law; purchase

21 of one passenger motor vehicle for use in cemeterial oper22 ations; and hire of passenger motor vehicles,

23 $144,223,000, to remain available until September 30,

24 2005.
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1 OFFICE OF INSPECTOR GENERAL

2 For necessary expenses of the Office of Inspector

3 General in carrying out the provisions of the Inspector

4 General Act of 1978, as amended, $61,750,000, to remain

5 available until September 30, 2005.

6 CONSTRUCTION, MAJOR PROJECTS

7 For constructing, altering, extending and improving

8 any of the facilities under the jurisdiction or for the use

9 of the Department of Veterans Affairs, or for any of the

10 purposes set forth in sections 316, 2404, 2406, 8102,

11 8103, 8106, 8108, 8109, 8110, and 8122 of title 38,

12 United States Code, including planning, architectural and

13 engineering services, maintenance or guarantee period

14 services costs associated with equipment guarantees pro15 vided under the project, services of claims analysts, offsite

16 utility and storm drainage system construction costs, and

17 site acquisition, where the estimated cost of a project is

18 $4,000,000 or more or where funds for a project were

19 made available in a previous major project appropriation,

20 $274,690,000, to remain available until expended, of

21 which $173,000,000 shall be for Capital Asset Realign22 ment for Enhanced Services (CARES) activities; and of

23 which $10,000,000 shall be to make reimbursements as

24 provided in 41 U.S.C. 612 for claims paid for contract

25 disputes: Provided, That except for advance planning ac26 tivities, including needs assessments which may or may
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1 not lead to capital investments, and other capital asset

2 management related activities, such as portfolio develop3 ment and management activities, and investment strategy

4 studies funded through the advance planning fund and the

5 planning and design activities funded through the design

6 fund and CARES funds, including needs assessments

7 which may or may not lead to capital investments, none

8 of the funds appropriated under this heading shall be used

9 for any project which has not been approved by the Con10 gress in the budgetary process: Provided further, That

11 funds provided in this appropriation for fiscal year 2004,

12 for each approved project (except those for CARES activi13 ties referenced above) shall be obligated: (1) by the award14 ing of a construction documents contract by September

15 30, 2004; and (2) by the awarding of a construction con16 tract by September 30, 2004: Provided further, That the

17 Secretary of Veterans Affairs shall promptly report in

18 writing to the Committees on Appropriations any ap19 proved major construction project in which obligations are

20 not incurred within the time limitations established above:

21 Provided further, That no funds from any other account

22 except the ‘‘Parking revolving fund’’, may be obligated for

23 constructing, altering, extending, or improving a project

24 which was approved in the budget process and funded in

25 this account until one year after substantial completion
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1 and beneficial occupancy by the Department of Veterans

2 Affairs of the project or any part thereof with respect to

3 that part only.

4 CONSTRUCTION, MINOR PROJECTS

5 For constructing, altering, extending, and improving

6 any of the facilities under the jurisdiction or for the use

7 of the Department of Veterans Affairs, including planning

8 and assessments of needs which may lead to capital invest9 ments, architectural and engineering services, mainte10 nance or guarantee period services costs associated with

11 equipment guarantees provided under the project, services

12 of claims analysts, offsite utility and storm drainage sys13 tem construction costs, and site acquisition, or for any of

14 the purposes set forth in sections 316, 2404, 2406, 8102,

15 8103, 8106, 8108, 8109, 8110, 8122, and 8162 of title

16 38, United States Code, where the estimated cost of a

17 project is less than $4,000,000, $252,144,000, to remain

18 available until expended, along with unobligated balances

19 of previous ‘‘Construction, minor projects’’ appropriations

20 which are hereby made available for any project where the

21 estimated cost is less than $4,000,000, of which

22 $35,000,000 shall be for Capital Asset Realignment for

23 Enhanced Services (CARES) activities: Provided, That

24 from amounts appropriated under this heading, additional

25 amounts may be used for CARES activities upon notifica26 tion of and approval by the Committees on Appropria-
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1 tions: Provided further, That funds in this account shall

2 be available for: (1) repairs to any of the nonmedical facili3 ties under the jurisdiction or for the use of the Depart4 ment which are necessary because of loss or damage

5 caused by any natural disaster or catastrophe; and (2)

6 temporary measures necessary to prevent or to minimize

7 further loss by such causes.

8 PARKING REVOLVING FUND

9 For the parking revolving fund as authorized by 38

10 U.S.C. 8109, income from fees collected, to remain avail11 able until expended, which shall be available for all author12 ized expenses except operations and maintenance costs,

13 which will be funded from ‘‘Medical facilities’’.

14 GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE

15 FACILITIES

16 For grants to assist States to acquire or construct

17 State nursing home and domiciliary facilities and to re18 model, modify or alter existing hospital, nursing home and

19 domiciliary facilities in State homes, for furnishing care

20 to veterans as authorized by 38 U.S.C. 8131–8137,

21 $102,100,000, to remain available until expended.

22 GRANTS FOR THE CONSTRUCTION OF STATE VETERANS

23 CEMETERIES

24 For grants to aid States in establishing, expanding,

25 or improving State veterans cemeteries as authorized by
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1 38 U.S.C. 2408, $32,000,000, to remain available until

2 expended.

3 ADMINISTRATIVE PROVISIONS

4 (INCLUDING TRANSFER OF FUNDS)

5 SEC. 101. Any appropriation for fiscal year 2004 for

6 ‘‘Compensation, pension and burial benefits’’, ‘‘Readjust7 ment benefits’’, and ‘‘Veterans insurance and indemnities’’

8 may be transferred to any other of the mentioned appro9 priations.

10 SEC. 102. Appropriations available to the Depart11 ment of Veterans Affairs for fiscal year 2004 for salaries

12 and expenses shall be available for services authorized by

13 5 U.S.C. 3109 hire of passenger motor vehicles; lease of

14 a facility or land or both; and uniforms or allowances

15 therefore, as authorized by 5 U.S.C. 5901–5902.

16 SEC. 103. No appropriations in this Act for the De17 partment of Veterans Affairs (except the appropriations

18 for ‘‘Construction, major projects’’, ‘‘Construction, minor

19 projects’’, and the ‘‘Parking revolving fund’’) shall be

20 available for the purchase of any site for or toward the

21 construction of any new hospital or home.

22 SEC. 104. No appropriations in this Act for the De23 partment of Veterans Affairs shall be available for hos24 pitalization or examination of any persons (except bene25 ficiaries entitled under the laws bestowing such benefits
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1 to veterans, and persons receiving such treatment under

2 5 U.S.C. 7901–7904 or 42 U.S.C. 5141–5204), unless re3 imbursement of cost is made to the Medical care collec4 tions fund account at such rates as may be fixed by the

5 Secretary of Veterans Affairs.

6 SEC. 105. Appropriations available to the Depart7 ment of Veterans Affairs for fiscal year 2004 for ‘‘Com8 pensation, pension and burial benefits’’, ‘‘Readjustment

9 benefits’’, and ‘‘Veterans insurance and indemnities’’ shall

10 be available for payment of prior year accrued obligations

11 required to be recorded by law against the corresponding

12 prior year accounts within the last quarter of fiscal year

13 2003.

14 SEC. 106. Appropriations accounts available to the

15 Department of Veterans Affairs for fiscal year 2004 shall

16 be available to pay prior year obligations of corresponding

17 prior year appropriations accounts resulting from title X

18 of the Competitive Equality Banking Act, Public Law

19 100–86, except that if such obligations are from trust

20 fund accounts they shall be payable from ‘‘Compensation,

21 pension and burial benefits’’.

22 SEC. 107. Notwithstanding any other provision of

23 law, during fiscal year 2004, the Secretary of Veterans

24 Affairs shall, from the National Service Life Insurance

25 Fund (38 U.S.C. 1920), the Veterans’ Special Life Insur-
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1 ance Fund (38 U.S.C. 1923), and the United States Gov2 ernment Life Insurance Fund (38 U.S.C. 1955), reim3 burse the ‘‘General operating expenses’’ account for the

4 cost of administration of the insurance programs financed

5 through those accounts: Provided, That reimbursement

6 shall be made only from the surplus earnings accumulated

7 in an insurance program in fiscal year 2004 that are avail8 able for dividends in that program after claims have been

9 paid and actuarially determined reserves have been set

10 aside: Provided further, That if the cost of administration

11 of an insurance program exceeds the amount of surplus

12 earnings accumulated in that program, reimbursement

13 shall be made only to the extent of such surplus earnings:

14 Provided further, That the Secretary shall determine the

15 cost of administration for fiscal year 2004 which is prop16 erly allocable to the provision of each insurance program

17 and to the provision of any total disability income insur18 ance included in such insurance program.

19 SEC. 108. Notwithstanding any other provision of

20 law, the Department of Veterans Affairs shall continue the

21 Franchise Fund pilot program authorized to be estab22 lished by section 403 of Public Law 103–356 until Octo23 ber 1, 2004: Provided, That the Franchise Fund, estab24 lished by title I of Public Law 104–204 to finance the
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1 operations of the Franchise Fund pilot program, shall con2 tinue until October 1, 2004.

3 SEC. 109. Amounts deducted from enhanced-use

4 lease proceeds to reimburse an account for expenses in5 curred by that account during a prior fiscal year for pro6 viding enhanced-use lease services, may be obligated dur7 ing the fiscal year in which the proceeds are received.

8 SEC. 110. Funds available in any Department of Vet9 erans Affairs appropriation for fiscal year 2004 or funds

10 for salaries and other administrative expenses shall also

11 be available to reimburse the Office of Resolution Manage12 ment and the Office of Employment Discrimination Com13 plaint Adjudication for all services provided at rates which

14 will recover actual costs but not exceed $29,318,000 for

15 the Office of Resolution Management and $3,010,000 for

16 the Office of Employment and Discrimination Complaint

17 Adjudication: Provided, That payments may be made in

18 advance for services to be furnished based on estimated

19 costs: Provided further, That amounts received shall be

20 credited to ‘‘General operating expenses’’ for use by the

21 office that provided the service.

22 SEC. 111. No appropriations in this Act for the De23 partment of Veterans Affairs shall be available to enter

24 into any new lease of real property if the estimated annual

25 rental is more than $300,000 unless the Secretary submits
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1 a report which the Committees on Appropriations of the

2 Congress approve within 30 days following the date on

3 which the report is received.

4 SEC. 112. No appropriations in this Act for the De5 partment of Veterans Affairs shall be available for hos6 pitalization or treatment of any person by reason of eligi7 bility under section 1710(a)(3) of title 38, United States

8 Code, unless that person has disclosed to the Secretary

9 of Veterans Affairs, in such form as the Secretary may

10 require—

11 (1) current, accurate third-party reimbursement

12 information for purposes of section 1729 of such

13 title; and

14 (2) annual income information for purposes of

15 section 1722 of such title.

16 SEC. 113. Of the amounts provided in this Act,

17 $25,000,000 shall be for information technology initiatives

18 to support the enterprise architecture of the Department

19 of Veterans Affairs.

20 SEC. 114. Notwithstanding any other provision of

21 law, the Secretary of Veterans Affairs may establish a pri22 ority for treatment for veterans who have service-con23 nected disability, who are lower-income veterans, or who

24 have special needs.
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1 SEC. 115. (a) The Secretary of Veterans Affairs shall

2 conduct by contract a program of recovery audits for the

3 fee basis and other medical services contracts with respect

4 to payments for hospital care. Notwithstanding section

5 3302(b) of title 31, United States Code, amounts col6 lected, by setoff or otherwise, as the result of such audits

7 shall be available, without fiscal year limitation, for the

8 purposes for which funds are appropriated under ‘‘Medical

9 services for priority 7–8 veterans’’ and the purposes of

10 paying a contractor a percent of the amount collected as

11 a result of an audit carried out by the contractor.

12 (b) All amounts so collected under subsection (a) with

13 respect to a designated health care region (as that term

14 is defined in section 1729A(d)(2) of title 38, United States

15 Code) shall be allocated, net of payments to the con16 tractor, to that region.

17 SEC. 116. Amounts made available for Medical Serv18 ices are available—

19 (1) for furnishing veterans provided Medical

20 Services with recreational facilities, supplies, and

21 equipment; and

22 (2) for funeral expenses, burial expenses, and

23 other expenses incidental to funerals and burials for

24 beneficiaries receiving care in the department.
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1 SEC. 117. Balances in excess of $1,500,000,000 in

2 the Medical Care Collections Fund as of August 1, 2004

3 shall be transferred to ‘‘Medical services for priority 7–

4 8 veterans’’ for the purposes under that heading to be

5 available until expended.

6 SEC. 118. Amounts made available for fiscal year

7 2004 under the ‘‘Medical services for priority 1–6 vet8 erans’’ and ‘‘Medical services for priority 7–8 veterans’’

9 accounts may be transferred between either account to the

10 extent necessary to implement the restructuring of the

11 Veterans Health Administration accounts after notice of

12 the amount and purpose of the transfer is provided to the

13 Committees on Appropriations of the Senate and House

14 of Representatives and a period of 30 days has elapsed:

15 Provided, That the limitation on transfers is ten percent

16 in fiscal year 2004.

17 SEC. 119. The Department of Veterans Affairs med18 ical center in Houston, Texas, shall after the date of the

19 enactment of this Act be known as designated as the ‘‘Mi20 chael E. DeBakey Department of Veterans Affairs Med21 ical Center’’. Any reference in any law, regulation, map,

22 document, record, or other paper of the United States to

23 such medical center shall be considered to be a reference

24 to the Michael E. DeBakey Department of Veterans Af25 fairs Medical Center.
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1 SEC. 120. The Secretary of Veterans Affairs shall

2 maximize, to the greatest extent possible, sharing agree3 ments for services, programs and facilities with the De4 partment of Defense, particularly in areas where facilities

5 and/or targeted populations are in close proximity: Pro6 vided, That the Secretary of Veterans Affairs shall submit

7 a report to the Committees on Appropriations no later

8 than December 1, 2003, detailing restrictive regulations,

9 policies, and regulatory redundancies that inhibit resource

10 sharing, and provide milestone dates to address each iden11 tified issue.

12 TITLE II—DEPARTMENT OF HOUSING AND

13 URBAN DEVELOPMENT

14 PUBLIC AND INDIAN HOUSING

15 HOUSING CERTIFICATE FUND

16 (INCLUDING TRANSFER AND RESCISSION OF FUNDS)

17 For activities and assistance under the United States

18 Housing Act of 1937, as amended (42 U.S.C. 1437 et

19 seq.) (‘‘the Act’’ herein), not otherwise provided for,

20 $18,430,606,000 (increased by $150,000,000), and

21 amounts that are recaptured in this account, to remain

22 available until expended: Provided, That of the amounts

23 made available under this heading, $14,230,606,000 (in24 creased by $150,000,000) and the aforementioned recap25 tures shall be available on October 1, 2003 and

26 $4,200,000,000 shall be available on October 1, 2004:
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1 Provided further, That amounts made available under this

2 heading are provided as follows:

3 (1) $16,295,578,000 (increased by

4 $150,000,000) for expiring or terminating section 8

5 project-based subsidy contracts (including section 8

6 moderate rehabilitation contracts), for amendments

7 to section 8 project-based subsidy contracts, for con8 tracts entered into pursuant to section 441 of the

9 McKinney-Vento Homeless Assistance Act, for the

10 renewal of section 8 contracts for units in projects

11 that are subject to approved plans of action under

12 the Emergency Low Income Housing Preservation

13 Act of 1987 or the Low-Income Housing Preserva14 tion and Resident Homeownership Act of 1990, and

15 for renewals of expiring section 8 tenant-based an16 nual contributions contracts (including amendments

17 and renewals of enhanced vouchers under any provi18 sion of law authorizing such assistance under section

19 8(t) of the Act (42 U.S.C. 1437f(t))): Provided,

20 That notwithstanding any other provision of law, the

21 Secretary shall renew expiring section 8 tenant22 based annual contributions contracts for each public

23 housing agency, (including for agencies participating

24 in the Moving to Work demonstration, unit months

25 representing section 8 tenant-based assistance funds
25

•HR 2861 EH

1 committed by the public housing agency for specific

2 purposes, other than reserves, that are authorized

3 pursuant to any agreement and conditions entered

4 into under such demonstration, and utilized in com5 pliance with any applicable program obligation dead6 lines) based on the total number of unit months

7 which were under lease as reported on the most re8 cent end-of-year financial statement submitted by

9 the public housing agency to the Department, ad10 justed by such additional information submitted by

11 the public housing agency to the Secretary which the

12 Secretary determines to be timely and reliable re13 garding the total number of unit months under lease

14 at the time of renewal of the annual contributions

15 contract, and by applying an inflation factor based

16 on local or regional factors to the actual per unit

17 cost as reported on such statement: Provided further,

18 That none of the funds made available in this para19 graph may be used to support a total number of unit

20 months under lease which exceeds a public housing

21 agency’s authorized level of units under contract;

22 (2) $568,503,000 for a central fund to be allo23 cated by the Secretary for amendments to section 8

24 tenant-based annual contributions contracts for such

25 purposes set forth in this paragraph: Provided, That
26

•HR 2861 EH

1 subject to the following proviso, the Secretary may

2 use amounts made available in such fund, as nec3 essary, for contract amendments resulting from a

4 significant increase in the per unit cost of vouchers

5 or an increase in the total number of unit months

6 under lease as compared to the per unit cost or the

7 total number of unit months provided for by the an8 nual contributions contract: Provided further, That if

9 a public housing agency, at any point in time during

10 their fiscal year, has obligated the amounts made

11 available to such agency pursuant to paragraph (1)

12 under this heading for the renewal of expiring sec13 tion 8 tenant-based annual contributions contracts,

14 and if such agency has expended fifty percent of the

15 amounts available to such agency in its annual con16 tributions contract reserve account, the Secretary

17 shall make available such amounts as are necessary

18 from amounts available from such central fund to

19 fund amendments under the preceding proviso with20 in thirty days of a request from such agency: Pro21 vided further, That none of the funds made available

22 in this paragraph may be used to support a total

23 number of unit months under lease which exceeds a

24 public housing agency’s authorized level of units

25 under contract: Provided further, That the Secretary
27

•HR 2861 EH

1 shall provide quarterly reports to the Committees on

2 Appropriations of the House and the Senate on the

3 obligation of funds provided in this paragraph in ac4 cordance with the directions specified in the report

5 accompanying this Act;

6 (3) $206,495,100 for section 8 rental assistance

7 for relocation and replacement of housing units that

8 are demolished or disposed of pursuant to the Omni9 bus Consolidated Rescissions and Appropriations Act

10 of 1996 (Public Law 104–134), conversion of section

11 23 projects to assistance under section 8, the family

12 unification program under section 8(x) of the Act,

13 relocation of witnesses in connection with efforts to

14 combat crime in public and assisted housing pursu15 ant to a request from a law enforcement or prosecu16 tion agency, enhanced vouchers under any provision

17 of law authorizing such assistance under section 8(t)

18 of the Act (42 U.S.C.1437f(t)), and tenant protec19 tion assistance, including replacement and relocation

20 assistance;

21 (4) $48,000,000 for family self-sufficiency coor22 dinators under section 23 of the Act;

23 (5) not to exceed $1,209,020,000 for adminis24 trative and other expenses of public housing agencies

25 in administering the section 8 tenant-based rental
28

•HR 2861 EH

1 assistance program: Provided, That, notwithstanding

2 any other provision of law or regulation, the Sec3 retary shall allocate funds provided in this para4 graph among public housing agencies in a manner

5 prescribed by the Secretary: Provided further, That

6 none of the funds provided in this Act or any other

7 Act may be used to supplement the amounts pro8 vided in this paragraph: Provided further, That,

9 hereafter, the Secretary shall recapture any funds

10 provided under this heading in this Act or any other

11 Act for administrative fees and other expenses from

12 a public housing agency which are in excess of the

13 amounts expended by such agency for the section 8

14 tenant-based rental assistance program and not oth15 erwise needed to maintain an administrative fee re16 serve account balance of not to exceed five percent:

17 Provided further, That all such administrative fee

18 amounts provided under this paragraph shall be only

19 for activities directly related to the provision of rent20 al assistance under section 8;

21 (6) $100,000,000 for contract administrators

22 for section 8 project-based assistance; and

23 (7) not less than $3,010,000 shall be trans24 ferred to the Working Capital Fund for the develop25 ment of and modifications to information technology
29

•HR 2861 EH

1 systems which serve programs or activities under

2 ‘‘Public and Indian Housing’’: Provided, That the

3 Secretary may transfer up to 15 percent of funds

4 provided under paragraphs (1), (2) or (5), herein to

5 paragraphs (1) or (2), if the Secretary determines

6 that such action is necessary because the funding

7 provided under one such paragraph otherwise would

8 be depleted and as a result, the maximum utilization

9 of section 8 tenant-based assistance with the funds

10 appropriated for this purpose by this Act would not

11 be feasible: Provided further, That prior to under12 taking the transfer of funds in excess of 10 percent

13 from any paragraph pursuant to the previous pro14 viso, the Secretary shall notify the Chairman and

15 Ranking Member of the Subcommittees on Veterans

16 Affairs and Housing and Urban Development, and

17 Independent Agencies of the Committees on Appro18 priations of the House of Representatives and the

19 Senate and shall not transfer any such funds until

20 30 days after such notification: Provided further,

21 That incremental vouchers previously made available

22 under this heading for non-elderly disabled families

23 shall, to the extent practicable, continue to be pro24 vided to non-elderly disabled families upon turnover:

25 Provided further, That $1,372,000,000 is rescinded
30

•HR 2861 EH

1 from unobligated balances remaining from funds ap2 propriated to the Department of Housing and Urban

3 Development under this heading or the heading

4 ‘‘Annual contributions for assisted housing’’ or any

5 other heading for fiscal year 2003 and prior years,

6 to be effected by the Secretary no later than Sep7 tember 30, 2004: Provided further, That any such

8 balances governed by reallocation provisions under

9 the statute authorizing the program for which the

10 funds were originally appropriated shall be available

11 for the rescission: Provided further, That any obli12 gated balances of contract authority from fiscal year

13 1974 and prior that have been terminated shall be

14 cancelled.

15 PUBLIC HOUSING CAPITAL FUND

16 (INCLUDING TRANSFER OF FUNDS)

17 For the Public Housing Capital Fund Program to

18 carry out capital and management activities for public

19 housing agencies, as authorized under section 9 of the

20 United States Housing Act of 1937, as amended (42

21 U.S.C. 1437g) (the ‘‘Act’’) $2,712,255,000, to remain

22 available until September 30, 2007: Provided, That of the

23 total amount provided under this heading, in addition to

24 amounts otherwise allocated under this heading,

25 $429,000,000 shall be allocated for such capital and man26 agement activities only among public housing agencies
31

•HR 2861 EH

1 that have obligated all assistance for the agency for fiscal

2 years 2001 and 2002 made available under this same

3 heading in accordance with the requirements under para4 graphs (1) and (2) of section 9(j) of such Act: Provided

5 further, That notwithstanding any other provision of law

6 or regulation, during fiscal year 2004, the Secretary may

7 not delegate to any Department official other than the

8 Deputy Secretary any authority under paragraph (2) of

9 such section 9(j) regarding the extension of the time peri10 ods under such section for obligation of amounts made

11 available for fiscal year 1998, 1999, 2000, 2001, 2002,

12 2003, or 2004: Provided further, That with respect to any

13 amounts made available under the Public Housing Capital

14 Fund for fiscal year 1999, 2000, 2001, 2002, 2003, or

15 2004 that remain unobligated in violation of paragraph

16 (1) of such section 9(j) or unexpended in violation of para17 graph (5)(A) of such section 9(j), the Secretary shall re18 capture any such amounts and reallocate such amounts

19 among public housing agencies determined under section

20 6(j) of the Act to be high-performing: Provided further,

21 That for purposes of this heading, the term ‘‘obligate’’

22 means, with respect to amounts, that the amounts are

23 subject to a binding agreement that will result in outlays,

24 immediately or in the future: Provided further, That if the

25 Secretary issues a regulation for effect implementing sec-
32

•HR 2861 EH

1 tion 9(j) of the United States Housing Act of 1937 (42

2 U.S.C. 1437g(j)), the first and third provisos under this

3 heading shall cease to be effective: Provided further, That

4 of the total amount provided under this heading, up to

5 $51,000,000 shall be for carrying out activities under sec6 tion 9(h) of such Act, of which $13,000,000 shall be for

7 the provision of remediation services to public housing

8 agencies identified as ‘‘troubled’’ under the Section 8

9 Management Assessment Program and for surveys used

10 to calculate local Fair Market Rents and assess housing

11 conditions in connection with rental assistance under sec12 tion 8 of the Act: Provided further, That of the total

13 amount provided under this heading, up to $500,000 shall

14 be for lease adjustments to section 23 projects, and no

15 less than $10,610,000 shall be transferred to the Working

16 Capital Fund for the development of and modifications to

17 information technology systems which serve programs or

18 activities under ‘‘Public and Indian housing’’: Provided

19 further, That no funds may be used under this heading

20 for the purposes specified in section 9(k) of the United

21 States Housing Act of 1937, as amended: Provided fur22 ther, That of the total amount provided under this head23 ing, up to $40,000,000 shall be available for the Secretary

24 of Housing and Urban Development to make grants to

25 public housing agencies for emergency capital needs re-
33

•HR 2861 EH

1 sulting from emergencies and natural disasters in fiscal

2 year 2004: Provided further, That of the total amount pro3 vided under this heading, $55,000,000 shall be for sup4 portive services, service coordinators and congregate serv5 ices as authorized by section 34 of the Act and the Native

6 American Housing Assistance and Self-Determination Act

7 of 1996.

8 The first proviso under this heading in the Depart9 ments of Veterans Affairs and Housing and Urban Devel10 opment, and Independent Agencies Appropriations Act,

11 2003, is amended by striking ‘‘1998, 1999’’.

12 PUBLIC HOUSING OPERATING FUND

13 For 2004 payments to public housing agencies for the

14 operation and management of public housing, as author15 ized by section 9(e) of the United States Housing Act of

16 1937, as amended (42 U.S.C. 1437g(e)), $3,600,000,000:

17 Provided, That of the total amount provided under this

18 heading, $10,000,000 shall be for programs, as deter19 mined appropriate by the Attorney General, which assist

20 in the investigation, prosecution, and prevention of violent

21 crimes and drug offenses in public and federally-assisted

22 low-income housing, including Indian housing, which shall

23 be administered by the Department of Justice through a

24 reimbursable agreement with the Department of Housing

25 and Urban Development: Provided further, That no funds

26 may be used under this heading for the purposes specified
34

•HR 2861 EH

1 in section 9(k) of the United States Housing Act of 1937,

2 as amended: Provided further, That in 2004 and hereafter,

3 no amounts provided under this heading may be used for

4 payments to public housing agencies for the costs of oper5 ation and management of public housing in any year prior

6 to the current year.

7 REVITALIZATION OF SEVERELY DISTRESSED PUBLIC

8 HOUSING (HOPE VI)

9 For grants to public housing agencies for demolition,

10 site revitalization, replacement housing, and tenant-based

11 assistance grants to projects as authorized by section 24

12 of the United States Housing Act of 1937, as amended,

13 $50,000,000, to remain available until September 30,

14 2005, of which the Secretary may use up to $500,000 (in15 creased by $4,500,000) for technical assistance and con16 tract expertise, to be provided directly or indirectly by

17 grants, contracts or cooperative agreements, including

18 training and cost of necessary travel for participants in

19 such training, by or to officials and employees of the de20 partment and of public housing agencies and to residents:

21 Provided, That none of such funds shall be used directly

22 or indirectly by granting competitive advantage in awards

23 to settle litigation or pay judgments, unless expressly per24 mitted herein.
35

•HR 2861 EH

1 NATIVE AMERICAN HOUSING BLOCK GRANTS

2 (INCLUDING TRANSFERS OF FUNDS)

3 For the Native American Housing Block Grants pro4 gram, as authorized under title I of the Native American

5 Housing Assistance and Self-Determination Act of 1996

6 (NAHASDA) (25 U.S.C. 4111 et seq.), $661,600,000, to

7 remain available until expended, of which $2,200,000 shall

8 be contracted through the Secretary as technical assist9 ance and capacity building to be used by the National

10 American Indian Housing Council in support of the imple11 mentation of NAHASDA; of which $5,000,000 shall be

12 to support the inspection of Indian housing units, contract

13 expertise, training, and technical assistance in the train14 ing, oversight, and management of Indian housing and

15 tenant-based assistance, including up to $300,000 for re16 lated travel; and of which no less than $2,720,000 shall

17 be transferred to the Working Capital Fund for develop18 ment of and modifications to information technology sys19 tems which serve programs or activities under ‘‘Public and

20 Indian housing’’: Provided, That of the amount provided

21 under this heading, $1,000,000 shall be made available

22 for the cost of guaranteed notes and other obligations, as

23 authorized by title VI of NAHASDA: Provided further,

24 That such costs, including the costs of modifying such

25 notes and other obligations, shall be as defined in section

26 502 of the Congressional Budget Act of 1974, as amend-
36

•HR 2861 EH

1 ed: Provided further, That these funds are available to sub2 sidize the total principal amount of any notes and other

3 obligations, any part of which is to be guaranteed, not to

4 exceed $8,049,000: Provided further, That for administra5 tive expenses to carry out the guaranteed loan program,

6 up to $150,000 from amounts in the first proviso, which

7 shall be transferred to and merged with the appropriation

8 for ‘‘Salaries and expenses’’, to be used only for the ad9 ministrative costs of these guarantees.

10 INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM

11 ACCOUNT

12 (INCLUDING TRANSFER OF FUNDS)

13 For the cost of guaranteed loans, as authorized by

14 section 184 of the Housing and Community Development

15 Act of 1992 (12 U.S.C. 1715z–13a), $5,300,000, to re16 main available until expended: Provided, That such costs,

17 including the costs of modifying such loans, shall be as

18 defined in section 502 of the Congressional Budget Act

19 of 1974, as amended: Provided further, That these funds

20 are available to subsidize total loan principal, any part of

21 which is to be guaranteed, not to exceed $197,243,000.

22 In addition, for administrative expenses to carry out

23 the guaranteed loan program, up to $250,000 from

24 amounts in the first paragraph, which shall be transferred

25 to and merged with the appropriation for ‘‘Salaries and
37

•HR 2861 EH

1 expenses’’, to be used only for the administrative costs of

2 these guarantees.

3 NATIVE HAWAIIAN HOUSING LOAN GUARANTEE FUND

4 PROGRAM ACCOUNT

5 (INCLUDING TRANSFER OF FUNDS)

6 For the cost of guaranteed loans, as authorized by

7 section 184A of the Housing and Community Develop8 ment Act of 1992 (12 U.S.C. 1715z–13b), $1,000,000, to

9 remain available until expended: Provided, That such

10 costs, including the costs of modifying such loans, shall

11 be as defined in section 502 of the Congressional Budget

12 Act of 1974, as amended: Provided further, That these

13 funds are available to subsidize total loan principal, any

14 part of which is to be guaranteed, not to exceed

15 $35,347,985.

16 In addition, for administrative expenses to carry out

17 the guaranteed loan program, up to $35,000 from

18 amounts in the first paragraph, which shall be transferred

19 to and merged with the appropriation for ‘‘Salaries and

20 expenses’’, to be used only for the administrative costs of

21 these guarantees.

22 COMMUNITY PLANNING AND DEVELOPMENT

23 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS

24 For carrying out the Housing Opportunities for Per25 sons with AIDS program, as authorized by the AIDS

26 Housing Opportunity Act (42 U.S.C. 12901 et seq.),
38

•HR 2861 EH

1 $297,000,000 (increased by $5,000,000), to remain avail2 able until September 30, 2005: Provided, That the Sec3 retary shall renew all expiring contracts for permanent

4 supportive housing that were funded under section

5 854(c)(3) of such Act that meet all program requirements

6 before awarding funds for new contracts and activities au7 thorized under this section: Provided further, That the

8 Secretary may use up to $2,000,000 of the funds under

9 this heading for training, oversight, and technical assist10 ance activities.

11 RURAL HOUSING AND ECONOMIC DEVELOPMENT

12 For the Office of Rural Housing and Economic De13 velopment in the Department of Housing and Urban De14 velopment, $25,000,000 to remain available until ex15 pended, which amount shall be competitively awarded by

16 June 1, 2004, to Indian tribes, State housing finance

17 agencies, State community and/or economic development

18 agencies, local rural nonprofits and community develop19 ment corporations to support innovative housing and eco20 nomic development activities in rural areas.

21 EMPOWERMENT ZONES/ENTERPRISE COMMUNITIES

22 For grants in connection with a second round of em23 powerment zones and enterprise communities,

24 $15,000,000, to remain available until September 30,

25 2005, for ‘‘Urban Empowerment Zones’’, as authorized in

26 section 1391(g) of the Internal Revenue Code of 1986 (26
39

•HR 2861 EH

1 U.S.C. 1391(g)), including $1,000,000 for each empower2 ment zone for use in conjunction with economic develop3 ment activities consistent with the strategic plan of each

4 empowerment zone.

5 COMMUNITY DEVELOPMENT FUND

6 (INCLUDING TRANSFERS OF FUNDS)

7 For assistance to units of State and local govern8 ment, and to other entities, for economic and community

9 development activities, and for other purposes,

10 $4,959,000,000, to remain available until September 30,

11 2006: Provided, That of the amount provided,

12 $4,538,650,000 is for carrying out the community devel13 opment block grant program under title I of the Housing

14 and Community Development Act of 1974, as amended

15 (the ‘‘Act’’ herein) (42 U.S.C. 5301 et seq.): Provided fur16 ther, That unless explicitly provided for under this heading

17 (except for planning grants provided in the third para18 graph and amounts made available in the second para19 graph), not to exceed 20 percent of any grant made with

20 funds appropriated under this heading (other than a grant

21 made available in this paragraph to the Housing Assist22 ance Council or the National American Indian Housing

23 Council, or a grant using funds under section 107(b)(3)

24 of the Act) shall be expended for planning and manage25 ment development and administration: Provided further,

26 That $72,000,000 shall be for grants to Indian tribes not-
40

•HR 2861 EH

1 withstanding section 106(a)(1) of such Act; $3,300,000

2 shall be for a grant to the Housing Assistance Council;

3 $2,400,000 shall be for a grant to the National American

4 Indian Housing Council; $5,000,000 shall be available as

5 a grant to the National Housing Development Corpora6 tion, for operating expenses not to exceed $2,000,000 and

7 for a program of affordable housing acquisition and reha8 bilitation; $5,000,000 shall be available as a grant to the

9 National Council of La Raza for the HOPE Fund, of

10 which $500,000 is for technical assistance and fund man11 agement, and $4,500,000 is for investments in the HOPE

12 Fund and financing to affiliated organizations;

13 $43,000,000 shall be for grants pursuant to section 107

14 of the Act, of which $9,500,000 shall be for the Native

15 Hawaiian block grant authorized under title VIII of the

16 Native American Housing Assistance and Self-Determina17 tion Act of 1996; no less than $4,900,000 shall be trans18 ferred to the Working Capital Fund for the development

19 of and modification to information technology systems

20 which serve programs or activities under ‘‘Community

21 planning and development’’; $28,000,000 shall be for

22 grants pursuant to the Self Help Homeownership Oppor23 tunity Program; $33,250,000 shall be for capacity build24 ing, of which $28,250,000 shall be for Capacity Building

25 for Community Development and Affordable Housing for
41

•HR 2861 EH

1 LISC and the Enterprise Foundation for activities as au2 thorized by section 4 of the HUD Demonstration Act of

3 1993 (42 U.S.C. 9816 note), as in effect immediately be4 fore June 12, 1997, with not less than $5,000,000 of the

5 funding to be used in rural areas, including tribal areas,

6 and of which $5,000,000 shall be for capacity building ac7 tivities administered by Habitat for Humanity Inter8 national; $65,000,000 shall be available for YouthBuild

9 program activities authorized by subtitle D of title IV of

10 the Cranston-Gonzalez National Affordable Housing Act,

11 as amended, and such activities shall be an eligible activity

12 with respect to any funds made available under this head13 ing: Provided That local YouthBuild programs that dem14 onstrate an ability to leverage private and nonprofit fund15 ing shall be given a priority for YouthBuild funding: Pro16 vided further, That no more than 10 percent of any grant

17 award under the YouthBuild program may be used for ad18 ministrative costs: Provided further, That of the amount

19 made available for YouthBuild not less than $10,000,000

20 is for grants to establish YouthBuild programs in under21 served and rural areas and $2,000,000 is to be made avail22 able for a grant to YouthBuild USA for capacity building

23 for community development and affordable housing activi24 ties as specified in section 4 of the HUD Demonstration

25 Act of 1993, as amended.
42

•HR 2861 EH

1 Of the amount made available under this heading,

2 $21,000,000 shall be available for neighborhood initiatives

3 that are utilized to improve the conditions of distressed

4 and blighted areas and neighborhoods, to stimulate invest5 ment, economic diversification, and community revitaliza6 tion in areas with population outmigration or a stagnating

7 or declining economic base, or to determine whether hous8 ing benefits can be integrated more effectively with welfare

9 reform initiatives: Provided, That amounts made available

10 under this paragraph shall be provided in accordance with

11 the terms and conditions specified in the report accom12 panying this Act.

13 Of the amount made available under this heading,

14 $137,500,000 shall be available for grants for the Eco15 nomic Development Initiative (EDI) to finance a variety

16 of targeted economic investments in accordance with the

17 terms and conditions specified in the report accompanying

18 this Act: Provided, That none of the funds provided under

19 this paragraph may be used for program operations.

20 The referenced statement of the managers under this

21 heading in Public Law 107–73 is deemed to be amended

22 with respect to the amount made available to the North

23 Carolina Community Land Trust Initiative by striking

24 ‘‘North Carolina Community Land Trust Initiative’’ and

25 inserting ‘‘Orange Community Housing and Land Trust’’.
43

•HR 2861 EH

1 The referenced statement of the managers under this

2 heading in Public Law 107–73 is deemed to be amended

3 with respect to the amount made available to the Willacy

4 County Boys and Girls Club in Willacy County, Texas by

5 striking ‘‘Willacy County Boys and Girls Club in Willacy

6 County, Texas’’ and inserting ‘‘Willacy County, Texas’’.

7 The referenced statement of the managers under this

8 heading in Public Law 108–10 is deemed to be amended

9 with respect to item number 17 by striking ‘‘for sidewalks,

10 curbs, street lighting, outdoor furniture and fac ̧ade im11 provements in the Mill Village neighborhood’’ and insert12 ing ‘‘for the restoration and renovation of houses within

13 the Lincoln or Dallas mill villages’’.

14 The referenced statement of the managers under this

15 heading in Public Law 107–73 is deemed to be amended

16 with respect to the amount made available to the Metro17 politan Development Association in Syracuse, New York

18 by inserting ‘‘and other economic development planning

19 and revitalization activities’’ after the word ‘‘study’’.

20 The referenced statement of the managers under this

21 heading in Public Law 107–73 is deemed to be amended

22 with respect to the amount made available to the Staten

23 Island Freedom Memorial Fund by striking all ‘‘Staten

24 Island Freedom Memorial Fund for the construction of

25 a memorial in the Staten Island community of St. George,
44

•HR 2861 EH

1 New York’’ and inserting ‘‘Staten Island Botanical Gar2 den for construction and related activities for a healing

3 garden’’.

4 The referenced statement of the managers under this

5 heading in title II of division K of the Consolidated Appro6 priations Resolution, 2003 (Public Law 108–7; H. Rept.

7 108–10) is deemed to be amended with respect to item

8 number 526 by striking ‘‘for an economic development

9 study for the revitalization of Westchester’’ and inserting

10 ‘‘for the reconstruction of renaissance plaza at Main and

11 Mamaroneck in downtown White Plains’’.

12 The referenced statement of the managers under this

13 heading in title II of division K of the Consolidated Appro14 priations Resolution, 2003 (Public Law 108–7; H. Rept.

15 108–10) is deemed to be amended with respect to item

16 number 877 by striking ‘‘West Virginia High Technology

17 Consortium Foundation, Inc. in Marion County, West Vir18 ginia for facilities construction for a high-tech park’’ and

19 inserting ‘‘Glenville State College in Glenville, West Vir20 ginia for construction of a new campus community edu21 cation center’’.

22 The referenced statement of the managers under this

23 heading in title II of division K of the Consolidated Appro24 priations Resolution, 2003 (Public Law 108–7; H. Rept.

25 108–10) is deemed to be amended with respect to item
45

•HR 2861 EH

1 number 126 by striking ‘‘for construction of’’ and insert2 ing ‘‘for facilities improvements and build out for’’.

3 URBAN DEVELOPMENT ACTION GRANTS

4 (RESCISSION)

5 From balances of the Urban Development Action

6 Grant Program, as authorized by title I of the Housing

7 and Community Development Act of 1974, as amended,

8 $30,000,000 are canceled.

9 BROWNFIELDS REDEVELOPMENT

10 For competitive economic development grants, as au11 thorized by section 108(q) of the Housing and Community

12 Development Act of 1974, as amended, for Brownfields

13 redevelopment projects, $25,000,000, to remain available

14 until September 30, 2005.

15 HOME INVESTMENT PARTNERSHIPS PROGRAM

16 (INCLUDING TRANSFER OF FUNDS)

17 For the HOME investment partnerships program, as

18 authorized under title II of the Cranston-Gonzalez Na19 tional Affordable Housing Act, as amended,

20 $1,939,100,000, to remain available until September 30,

21 2006: Provided, That of the total amount provided in this

22 paragraph, up to $40,000,000 shall be available for hous23 ing counseling under section 106 of the Housing and

24 Urban Development Act of 1968 and no less than

25 $2,100,000 shall be transferred to the Working Capital

26 Fund for the development of and modifications to informa-
46

•HR 2861 EH

1 tion technology systems which serve programs or activities

2 under ‘‘Community planning and development’’.

3 In addition to amounts otherwise made available

4 under this heading, $125,000,000, to remain available

5 until September 30, 2006, for assistance to homebuyers

6 as authorized under title II of the Cranston-Gonzalez Na7 tional Affordable Housing Act, as amended: Provided,

8 That the Secretary shall provide such assistance in accord9 ance with a formula to be established by the Secretary

10 that considers a participating jurisdiction’s need for, and

11 prior commitment to, assistance to homebuyers.

12 HOMELESS ASSISTANCE GRANTS

13 (INCLUDING TRANSFER OF FUNDS)

14 For the emergency shelter grants program as author15 ized under subtitle B of title IV of the McKinney-Vento

16 Homeless Assistance Act, as amended; the supportive

17 housing program as authorized under subtitle C of title

18 IV of such Act; the section 8 moderate rehabilitation sin19 gle room occupancy program as authorized under the

20 United States Housing Act of 1937, as amended, to assist

21 homeless individuals pursuant to section 441 of the

22 McKinney-Vento Homeless Assistance Act; and the shelter

23 plus care program as authorized under subtitle F of title

24 IV of such Act, $1,242,000,000, of which $1,222,000,000

25 to remain available until September 30, 2006, and of

26 which $20,000,000 to remain available until expended:
47

•HR 2861 EH

1 Provided, That not less than 30 percent of funds made

2 available, excluding amounts provided for renewals under

3 the shelter plus care program, shall be used for permanent

4 housing: Provided further, That all funds awarded for

5 services shall be matched by 25 percent in funding by each

6 grantee: Provided further, That the Secretary shall renew

7 on an annual basis expiring contracts or amendments to

8 contracts funded under the shelter plus care program if

9 the program is determined to be needed under the applica10 ble continuum of care and meets appropriate program re11 quirements and financial standards, as determined by the

12 Secretary: Provided further, That all awards of assistance

13 under this heading shall be required to coordinate and in14 tegrate homeless programs with other mainstream health,

15 social services, and employment programs for which home16 less populations may be eligible, including Medicaid, State

17 Children’s Health Insurance Program, Temporary Assist18 ance for Needy Families, Food Stamps, and services fund19 ing through the Mental Health and Substance Abuse

20 Block Grant, Workforce Investment Act, and the Welfare21 to-Work grant program: Provided further, That

22 $12,000,000 of the funds appropriated under this heading

23 shall be available for the national homeless data analysis

24 project and technical assistance: Provided further, That no

25 less than $2,580,000 of the funds appropriated under this
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•HR 2861 EH

1 heading shall be transferred to the Working Capital Fund

2 for the development of and modifications to information

3 technology systems which serve programs or activities

4 under ‘‘Community planning and development’’.

5 HOUSING PROGRAMS

6 HOUSING FOR THE ELDERLY

7 (INCLUDING TRANSFER OF FUNDS)

8 For capital advances, including amendments to cap9 ital advance contracts, for housing for the elderly, as au10 thorized by section 202 of the Housing Act of 1959, as

11 amended, and for project rental assistance for the elderly

12 under section 202(c)(2) of such Act, including amend13 ments to contracts for such assistance and renewal of ex14 piring contracts for such assistance for up to a 1-year

15 term, and for supportive services associated with the hous16 ing, $773,320,000, plus recaptures and cancelled commit17 ments, to remain available until September 30, 2006, of

18 which amount $50,000,000 shall be for service coordina19 tors and the continuation of existing congregate service

20 grants for residents of assisted housing projects, and of

21 which amount up to $25,000,000 shall be for grants under

22 section 202b of the Housing Act of 1959 (12 U.S.C.

23 1701q–2) for conversion of eligible projects under such

24 section to assisted living or related use: Provided, That

25 of the amount made available under this heading,

26 $16,000,000 shall be available to the Secretary of Housing
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•HR 2861 EH

1 and Urban Development only for making competitive

2 grants to private nonprofit organizations and consumer

3 cooperatives for covering costs of architectural and engi4 neering work, site control, and other planning relating to

5 the development of supportive housing for the elderly that

6 is eligible for assistance under section 202 of the Housing

7 Act of 1959 (12 U.S.C. 1701q): Provided further, That

8 no less than $470,000 shall be transferred to the Working

9 Capital Fund for the development of and modifications to

10 information technology systems which serve programs or

11 activities under ‘‘Housing programs’’ or ‘‘Federal Housing

12 Administration’’: Provided further, That the Secretary

13 may waive the provisions of section 202 governing the

14 terms and conditions of project rental assistance, except

15 that the initial contract term for such assistance shall not

16 exceed 5 years in duration: Provided further, That all

17 balances outstanding, as of September 30, 2003, for cap18 ital advances, including amendments to capital advances,

19 for housing for elderly, as authorized by section 202, for

20 project rental assistance for housing for the elderly, as au21 thorized under section 202(c)(2) of such Act, including

22 amendments to contracts shall be transferred to and

23 merged with the amounts for those purposes under this

24 heading.
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•HR 2861 EH

1 HOUSING FOR PERSONS WITH DISABILITIES

2 (INCLUDING TRANSFER OF FUNDS)

3 For capital advance contracts, for supportive housing

4 for persons with disabilities, as authorized by section 811

5 of the Cranston-Gonzalez National Affordable Housing

6 Act, for project rental assistance for supportive housing

7 for persons with disabilities under section 811(d)(2) of

8 such Act, including amendments to contracts for such as9 sistance and renewal of expiring contracts for such assist10 ance for up to a 1-year term, and for supportive services

11 associated with the housing for persons with disabilities

12 as authorized by section 811(b)(1) of such Act, and for

13 tenant-based rental assistance contracts entered into pur14 suant to section 811 of such Act, $250,570,000, plus re15 captures and cancelled commitments to remain available

16 until September 30, 2006: Provided, That no less than

17 $470,000 shall be transferred to the Working Capital

18 Fund for the development of and modifications to informa19 tion technology systems which serve programs or activities

20 under ‘‘Housing programs’’ or ‘‘Federal Housing Admin21 istration’’: Provided further, That of the amount provided

22 under this heading, other than amounts for renewal of ex23 piring project-based or tenant-based rental assistance con24 tracts, the Secretary may designate up to 25 percent for

25 tenant-based rental assistance, as authorized by section

26 811 of such Act, (which assistance is five years in dura-
51

•HR 2861 EH

1 tion): Provided further, That the Secretary may waive the

2 provisions of section 811 governing the terms and condi3 tions of project rental assistance and tenant-based assist4 ance, except that the initial contract term for such assist5 ance shall not exceed five years in duration: Provided fur6 ther, That all balances outstanding, as of September 30,

7 2003, for capital advances, including amendments to cap8 ital advances, for supportive housing for persons with dis9 abilities, as authorized by section 811, for project rental

10 assistance for supportive housing for persons with disabil11 ities, as authorized under section 811(d)(2), including

12 amendments to contracts for such assistance and renewal

13 of expiring contracts for such assistance, and for sup14 portive services associated with the housing for persons

15 with disabilities as authorized by section 811(b)(1), shall

16 be transferred to and merged with the amounts for these

17 purposes under this heading.

18 FLEXIBLE SUBSIDY FUND

19 (TRANSFER OF FUNDS)

20 From the Rental Housing Assistance Fund, all un21 committed balances of excess rental charges as of Sep22 tember 30, 2003, and any collections made during fiscal

23 year 2004, shall be transferred to the Flexible Subsidy

24 Fund, as authorized by section 236(g) of the National

25 Housing Act, as amended.
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•HR 2861 EH

1 RENTAL HOUSING ASSISTANCE

2 (RESCISSION)

3 Up to $303,000,000 of recaptured section 236 budget

4 authority resulting from prepayment of mortgages sub5 sidized under section 236 of the National Housing Act (12

6 U.S.C. 1715z–1) shall be rescinded in fiscal year 2004:

7 Provided, That the limitation otherwise applicable to the

8 maximum payments that may be required in any fiscal

9 year by all contracts entered into under section 236 is re10 duced in fiscal year 2004 by not more than $303,000,000

11 in uncommitted balances of authorizations of contract au12 thority provided for this purpose in prior appropriations

13 Acts.

14 MANUFACTURED HOUSING FEES TRUST FUND

15 For necessary expenses as authorized by the National

16 Manufactured Housing Construction and Safety Stand17 ards Act of 1974, as amended (42 U.S.C. 5401 et seq.),

18 up to $13,000,000 to remain available until expended, to

19 be derived from the Manufactured Housing Fees Trust

20 Fund: Provided, That not to exceed the total amount ap21 propriated under this heading shall be available from the

22 general fund of the Treasury to the extent necessary to

23 incur obligations and make expenditures pending the re24 ceipt of collections to the Fund pursuant to section 620

25 of such Act: Provided further, That the amount made

26 available under this heading from the general fund shall
53

•HR 2861 EH

1 be reduced as such collections are received during fiscal

2 year 2004 so as to result in a final fiscal year 2004 appro3 priation from the general fund estimated at not more than

4 $0 and fees pursuant to such section 620 shall be modified

5 as necessary to ensure such a final fiscal year 2004 appro6 priation.

7 FEDERAL HOUSING ADMINISTRATION

8 MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT

9 (INCLUDING TRANSFERS OF FUNDS)

10 During fiscal year 2004, commitments to guarantee

11 loans to carry out the purposes of section 203(b) of the

12 National Housing Act, as amended, shall not exceed a loan

13 principal of $185,000,000,000.

14 During fiscal year 2004, obligations to make direct

15 loans to carry out the purposes of section 204(g) of the

16 National Housing Act, as amended, shall not exceed

17 $50,000,000: Provided, That the foregoing amount shall

18 be for loans to nonprofit and governmental entities in con19 nection with sales of single family real properties owned

20 by the Secretary and formerly insured under the Mutual

21 Mortgage Insurance Fund.

22 For administrative expenses necessary to carry out

23 the guaranteed and direct loan program, $359,000,000,

24 of which not to exceed $355,000,000 shall be transferred

25 to the appropriation for ‘‘Salaries and expenses’’; and not

26 to exceed $4,000,000 shall be transferred to the appro-
54

•HR 2861 EH

1 priation for ‘‘Office of Inspector General’’. In addition, for

2 administrative contract expenses, $85,000,000, of which

3 no less than $20,744,000 shall be transferred to the Work4 ing Capital Fund for the development of and modifications

5 to information technology systems which serve programs

6 or activities under ‘‘Housing programs’’ or ‘‘Federal

7 Housing Administration’’: Provided, That to the extent

8 guaranteed loan commitments exceed $65,500,000,000 on

9 or before April 1, 2004, an additional $1,400 for adminis10 trative contract expenses shall be available for each

11 $1,000,000 in additional guaranteed loan commitments

12 (including a pro rata amount for any amount below

13 $1,000,000), but in no case shall funds made available by

14 this proviso exceed $30,000,000.

15 GENERAL AND SPECIAL RISK PROGRAM ACCOUNT

16 (INCLUDING TRANSFERS OF FUNDS)

17 For the cost of guaranteed loans, as authorized by

18 sections 238 and 519 of the National Housing Act (12

19 U.S.C. 1715z–3 and 1735c), including the cost of loan

20 guarantee modifications, as that term is defined in section

21 502 of the Congressional Budget Act of 1974, as amend22 ed, $15,000,000, to remain available until expended: Pro23 vided, That these funds are available to subsidize total

24 loan principal, any part of which is to be guaranteed, of

25 up to $25,000,000,000.
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•HR 2861 EH

1 Gross obligations for the principal amount of direct

2 loans, as authorized by sections 204(g), 207(l), 238, and

3 519(a) of the National Housing Act, shall not exceed

4 $50,000,000, of which not to exceed $30,000,000 shall be

5 for bridge financing in connection with the sale of multi6 family real properties owned by the Secretary and for7 merly insured under such Act; and of which not to exceed

8 $20,000,000 shall be for loans to nonprofit and govern9 mental entities in connection with the sale of single-family

10 real properties owned by the Secretary and formerly in11 sured under such Act.

12 In addition, for administrative expenses necessary to

13 carry out the guaranteed and direct loan programs,

14 $229,000,000, of which $209,000,000 shall be transferred

15 to the appropriation for ‘‘Salaries and expenses’’; and of

16 which $20,000,000 shall be transferred to the appropria17 tion for ‘‘Office of Inspector General’’.

18 In addition, for administrative contract expenses nec19 essary to carry out the guaranteed and direct loan pro20 grams, $93,780,000, of which no less than $16,946,000

21 shall be transferred to the Working Capital Fund for the

22 development of and modifications to information tech23 nology systems which serve programs or activities under

24 ‘‘Housing programs’’ or ‘‘Federal Housing Administra25 tion’’: Provided, That to the extent guaranteed loan com-
56

•HR 2861 EH

1 mitments exceed $8,426,000,000 on or before April 1,

2 2004, an additional $1,980 for administrative contract ex3 penses shall be available for each $1,000,000 in additional

4 guaranteed loan commitments over $8,426,000,000 (in5 cluding a pro rata amount for any increment below

6 $1,000,000), but in no case shall funds made available by

7 this proviso exceed $14,400,000.

8 GOVERNMENT NATIONAL MORTGAGE ASSOCIATION

9 GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN

10 GUARANTEE PROGRAM ACCOUNT

11 (INCLUDING TRANSFER OF FUNDS)

12 New commitments to issue guarantees to carry out

13 the purposes of section 306 of the National Housing Act,

14 as amended (12 U.S.C. 1721(g)), shall not exceed

15 $200,000,000,000, to remain available until September

16 30, 2005.

17 For administrative expenses necessary to carry out

18 the guaranteed mortgage-backed securities program,

19 $10,695,000, to be derived from the GNMA guarantees

20 of mortgage-backed securities guaranteed loan receipt ac21 count, of which not to exceed $10,695,000, shall be trans22 ferred to the appropriation for ‘‘Salaries and expenses’’.

23 POLICY DEVELOPMENT AND RESEARCH

24 RESEARCH AND TECHNOLOGY

25 For contracts, grants, and necessary expenses of pro26 grams of research and studies relating to housing and
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•HR 2861 EH

1 urban problems, not otherwise provided for, as authorized

2 by title V of the Housing and Urban Development Act

3 of 1970, as amended (12 U.S.C. 1701z–1 et seq.), includ4 ing carrying out the functions of the Secretary under sec5 tion 1(a)(1)(i) of Reorganization Plan No. 2 of 1968,

6 $47,000,000, to remain available until September 30,

7 2005: Provided, That of the total amount provided under

8 this heading, $7,500,000 shall be for the Partnership for

9 Advancing Technology in Housing (PATH) Initiative.

10 FAIR HOUSING AND EQUAL OPPORTUNITY

11 FAIR HOUSING ACTIVITIES

12 For contracts, grants, and other assistance, not oth13 erwise provided for, as authorized by title VIII of the Civil

14 Rights Act of 1968, as amended by the Fair Housing

15 Amendments Act of 1988, and section 561 of the Housing

16 and Community Development Act of 1987, as amended,

17 $46,000,000, to remain available until September 30,

18 2005, of which $20,250,000 shall be to carry out activities

19 pursuant to such section 561: Provided, That no funds

20 made available under this heading shall be used to lobby

21 the executive or legislative branches of the Federal Gov22 ernment in connection with a specific contract, grant or

23 loan.
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•HR 2861 EH

1 OFFICE OF LEAD HAZARD CONTROL

2 LEAD HAZARD REDUCTION

3 For the Lead Hazard Reduction Program, as author4 ized by section 1011 of the Residential Lead-Based Paint

5 Hazard Reduction Act of 1992, $130,000,000, to remain

6 available until September 30, 2005, of which $10,000,000

7 shall be for the Healthy Homes Initiative, pursuant to sec8 tions 501 and 502 of the Housing and Urban Develop9 ment Act of 1970 that shall include research, studies, test10 ing, and demonstration efforts, including education and

11 outreach concerning lead-based paint poisoning and other

12 housing-related diseases and hazards.

13 MANAGEMENT AND ADMINISTRATION

14 SALARIES AND EXPENSES

15 (INCLUDING TRANSFER OF FUNDS)

16 For necessary administrative and non-administrative

17 expenses of the Department of Housing and Urban Devel18 opment, not otherwise provided for, including purchase of

19 uniforms, or allowances therefor, as authorized by 5

20 U.S.C. 5901–5902; hire of passenger motor vehicles; serv21 ices as authorized by 5 U.S.C. 3109; and not to exceed

22 $25,000 for official reception and representation expenses,

23 $1,122,130,000, of which $564,000,000 shall be provided

24 from the various funds of the Federal Housing Adminis25 tration, $10,695,000 shall be provided from funds of the

26 Government National Mortgage Association, $150,000
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•HR 2861 EH

1 shall be provided by transfer from the ‘‘Native American

2 housing block grants’’ account, $250,000 shall be provided

3 by transfer from the ‘‘Indian housing loan guarantee fund

4 program’’ account and $35,000 shall be transferred from

5 the ‘‘Native Hawaiian housing loan guarantee fund’’ ac6 count: Provided, That funds made available under this

7 heading shall only be allocated in the manner specified in

8 the report accompanying this Act unless the Committees

9 on Appropriations of both the House of Representatives

10 and the Senate are notified of any changes in an operating

11 plan or reprogramming: Provided further, That no official

12 or employee of the Department shall be designated as an

13 allotment holder unless the Office of the Chief Financial

14 Officer (OCFO) has determined that such allotment hold15 er has implemented an adequate system of funds control

16 and has received training in funds control procedures and

17 directives: Provided further, That the Chief Financial Offi18 cer shall establish positive control of and maintain ade19 quate systems of accounting for appropriations and other

20 available funds as required by 31 U.S.C. 1514: Provided

21 further, That for purposes of funds control and deter22 mining whether a violation exists under the Anti-Defi23 ciency Act (31 U.S.C. 1341 et seq.), the point of obligation

24 shall be the executed agreement or contract, except with

25 respect to insurance and guarantee programs, certain
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•HR 2861 EH

1 types of salaries and expenses funding, and incremental

2 funding that is authorized under an executed agreement

3 or contract, and shall be designated in the approved funds

4 control plan: Provided further, That the Chief Financial

5 Officer shall: (a) appoint qualified personnel to conduct

6 investigations of potential or actual violations; (b) estab7 lish minimum training requirements and other qualifica8 tions for personnel that may be appointed to conduct in9 vestigations; (c) establish guidelines and timeframes for

10 the conduct and completion of investigations; (d) prescribe

11 the content, format and other requirements for the sub12 mission of final reports on violations; and (e) prescribe

13 such additional policies and procedures as may be required

14 for conducting investigations of, and administering, proc15 essing, and reporting on, potential and actual violations

16 of the Anti-Deficiency Act and all other statutes and regu17 lations governing the obligation and expenditure of funds

18 made available in this or any other Act: Provided further,

19 That the Secretary shall fill 7 out of 10 vacancies at the

20 GS–14 and GS–15 levels until the total number of GS–

21 14 and GS–15 positions in the Department has been re22 duced from the number of GS–14 and GS–15 positions

on the date of enactment of Public Law 106–377 by 21 23 ⁄2

24 percent: Provided further, That the Secretary shall submit

25 a staffing plan for the Department by November 15, 2003.
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•HR 2861 EH

1 The tenth proviso under this heading in the Depart2 ments of Veterans Affairs and Housing and Urban Devel3 opment, and Independent Agencies Appropriations Act,

4 2003, is amended by striking ‘‘the purpose of’’ and insert5 ing ‘‘purposes of funds control and’’ and before the colon

6 insert the following ‘‘, except with respect to insurance and

7 guarantee programs, certain types of salaries and ex8 penses funding, and incremental funding that is author9 ized under an executed agreement or contract’’.

10 WORKING CAPITAL FUND

11 For additional capital for the Working Capital Fund

12 (42 U.S.C. 3535) for the development of, modifications

13 to, and infrastructure for Department-wide information

14 technology systems, and for the continuing operation of

15 both Department-wide and program-specific information

16 systems, $240,000,000 (reduced by $150,000,000), to re17 main available until September 30, 2005: Provided, That

18 any amounts transferred to this Fund under this Act shall

19 remain available until expended.

20 OFFICE OF INSPECTOR GENERAL

21 (INCLUDING TRANSFER OF FUNDS)

22 For necessary expenses of the Office of Inspector

23 General in carrying out the Inspector General Act of 1978,

24 as amended, $100,080,000, of which $24,000,000 shall be

25 provided from the various funds of the Federal Housing

26 Administration: Provided, That the Inspector General
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•HR 2861 EH

1 shall have independent authority over all personnel issues

2 within this office: Provided further, That no less than

3 $300,000 shall be transferred to the Working Capital

4 Fund for the development of and modifications to informa5 tion technology systems for the Office of Inspector Gen6 eral.

7 CONSOLIDATED FEE FUND

8 (RESCISSION)

9 All unobligated balances remaining available from

10 fees and charges under section 7(j) of the Department of

11 Housing and Urban Development Act on October 1, 2003

12 are rescinded.

13 OFFICE OF FEDERAL HOUSING ENTERPRISE OVERSIGHT

14 SALARIES AND EXPENSES

15 (INCLUDING TRANSFER OF FUNDS)

16 For carrying out the Federal Housing Enterprises

17 Financial Safety and Soundness Act of 1992, including

18 not to exceed $500 for official reception and representa19 tion expenses, $32,415,000, to remain available until ex20 pended, to be derived from the Federal Housing Enter21 prises Oversight Fund: Provided, That not to exceed such

22 amount shall be available from the general fund of the

23 Treasury to the extent necessary to incur obligations and

24 make expenditures pending the receipt of collections to the

25 Fund: Provided further, That the general fund amount

26 shall be reduced as collections are received during the fis-
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•HR 2861 EH

1 cal year so as to result in a final appropriation from the

2 general fund estimated at not more than $0.

3 ADMINISTRATIVE PROVISIONS

4 SEC. 201. Fifty percent of the amounts of budget au5 thority, or in lieu thereof 50 percent of the cash amounts

6 associated with such budget authority, that are recaptured

7 from projects described in section 1012(a) of the Stewart

8 B. McKinney Homeless Assistance Amendments Act of

9 1988 (42 U.S.C. 1437 note) shall be rescinded, or in the

10 case of cash, shall be remitted to the Treasury, and such

11 amounts of budget authority or cash recaptured and not

12 rescinded or remitted to the Treasury shall be used by

13 State housing finance agencies or local governments or

14 local housing agencies with projects approved by the Sec15 retary of Housing and Urban Development for which set16 tlement occurred after January 1, 1992, in accordance

17 with such section. Notwithstanding the previous sentence,

18 the Secretary may award up to 15 percent of the budget

19 authority or cash recaptured and not rescinded or remitted

20 to the Treasury to provide project owners with incentives

21 to refinance their project at a lower interest rate.

22 SEC. 202. None of the amounts made available under

23 this Act may be used during fiscal year 2003 to investigate

24 or prosecute under the Fair Housing Act any otherwise

25 lawful activity engaged in by one or more persons, includ-
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•HR 2861 EH

1 ing the filing or maintaining of a non-frivolous legal ac2 tion, that is engaged in solely for the purpose of achieving

3 or preventing action by a Government official or entity,

4 or a court of competent jurisdiction.

5 SEC. 203. (a) Notwithstanding section 854(c)(1)(A)

6 of the AIDS Housing Opportunity Act (42 U.S.C.

7 12903(c)(1)(A)), from any amounts made available under

8 this title for fiscal year 2004 that are allocated under such

9 section, the Secretary of Housing and Urban Development

10 shall allocate and make a grant, in the amount determined

11 under subsection (b), for any State that—

12 (1) received an allocation in a prior fiscal year

13 under clause (ii) of such section; and

14 (2) is not otherwise eligible for an allocation for

15 fiscal year 2004 under such clause (ii) because the

16 areas in the State outside of the metropolitan statis17 tical areas that qualify under clause (i) in fiscal year

18 2004 do not have the number of cases of acquired

19 immunodeficiency syndrome (AIDS) required under

20 such clause.

21 (b) The amount of the allocation and grant for any

22 State described in subsection (a) shall be an amount based

23 on the cumulative number of AIDS cases in the areas of

24 that State that are outside of metropolitan statistical

25 areas that qualify under clause (i) of such section
65

•HR 2861 EH

1 854(c)(1)(A) in fiscal year 2004, in proportion to AIDS

2 cases among cities and States that qualify under clauses

3 (i) and (ii) of such section and States deemed eligible

4 under subsection (a).

5 SEC. 204. (a) Section 225(a) of the Departments of

6 Veterans Affairs and Housing and Urban Development,

7 and Independent Agencies Appropriations Act, 2000, Pub8 lic Law 106–74 (113 Stat. 1076), is amended by striking

9 ‘‘year 2000, and the amounts that would otherwise be allo10 cated for fiscal year 2001 and fiscal year 2002’’, and in11 serting ‘‘years 2000, 2001, 2002, 2003, and 2004’’.

12 (b) Notwithstanding any other provision of law, the

13 Secretary of Housing and Urban Development shall allo14 cate to Wake County, North Carolina, the amounts that

15 otherwise would be allocated for fiscal year 2004 under

16 section 854(c) of the AIDS Housing Opportunity Act (42

17 U.S.C. 12903(c)) to the City of Raleigh, North Carolina,

18 on behalf of the Raleigh-Durham-Chapel Hill, North Caro19 lina Metropolitan Statistical Area. Any amounts allocated

20 to Wake County shall be used to carry out eligible activi21 ties under section 855 of such Act (42 U.S.C. 12904)

22 within such metropolitan statistical area.

23 SEC. 205. (a) During fiscal year 2004, in the provi24 sion of rental assistance under section 8(o) of the United

25 States Housing Act of 1937 (42 U.S.C. 1437f(o)) in con-
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•HR 2861 EH

1 nection with a program to demonstrate the economy and

2 effectiveness of providing such assistance for use in as3 sisted living facilities that is carried out in the counties

4 of the State of Michigan specified in subsection (b) of this

5 section, notwithstanding paragraphs (3) and (18)(B)(iii)

6 of such section 8(o), a family residing in an assisted living

7 facility in any such county, on behalf of which a public

8 housing agency provides assistance pursuant to section

9 8(o)(18) of such Act, may be required, at the time the

10 family initially receives such assistance, to pay rent in an

11 amount exceeding 40 percent of the monthly adjusted in12 come of the family by such a percentage or amount as

13 the Secretary of Housing and Urban Development deter14 mines to be appropriate.

15 (b) The counties specified in this subsection are Oak16 land County, Macomb County, Wayne County, and

17 Washtenaw County, in the State of Michigan.

18 SEC. 206. Except as explicitly provided in law, any

19 grant, cooperative agreement or other assistance made

20 pursuant to title II of this Act shall be made on a competi21 tive basis and in accordance with section 102 of the De22 partment of Housing and Urban Development Reform Act

23 of 1989.

24 SEC. 207. Funds of the Department of Housing and

25 Urban Development subject to the Government Corpora-
67

•HR 2861 EH

1 tion Control Act or section 402 of the Housing Act of

2 1950 shall be available, without regard to the limitations

3 on administrative expenses, for legal services on a contract

4 or fee basis, and for utilizing and making payment for

5 services and facilities of the Federal National Mortgage

6 Association, Government National Mortgage Association,

7 Federal Home Loan Mortgage Corporation, Federal Fi8 nancing Bank, Federal Reserve banks or any member

9 thereof, Federal Home Loan banks, and any insured bank

10 within the meaning of the Federal Deposit Insurance Cor11 poration Act, as amended (12 U.S.C. 1811–1831).

12 SEC. 208. Unless otherwise provided for in this Act

13 or through a reprogramming of funds, no part of any ap14 propriation for the Department of Housing and Urban

15 Development shall be available for any program, project

16 or activity in excess of amounts set forth in the budget

17 estimates submitted to Congress.

18 SEC. 209. Corporations and agencies of the Depart19 ment of Housing and Urban Development which are sub20 ject to the Government Corporation Control Act, as

21 amended, are hereby authorized to make such expendi22 tures, within the limits of funds and borrowing authority

23 available to each such corporation or agency and in ac24 cordance with law, and to make such contracts and com25 mitments without regard to fiscal year limitations as pro-
68

•HR 2861 EH

1 vided by section 104 of such Act as may be necessary in

2 carrying out the programs set forth in the budget for 2003

3 for such corporation or agency except as hereinafter pro4 vided: Provided, That collections of these corporations and

5 agencies may be used for new loan or mortgage purchase

6 commitments only to the extent expressly provided for in

7 this Act (unless such loans are in support of other forms

8 of assistance provided for in this or prior appropriations

9 Acts), except that this proviso shall not apply to the mort10 gage insurance or guaranty operations of these corpora11 tions, or where loans or mortgage purchases are necessary

12 to protect the financial interest of the United States Gov13 ernment.

14 SEC. 210. None of the funds provided in this title

15 for technical assistance, training, or management improve16 ments may be obligated or expended unless HUD provides

17 to the Committees on Appropriations a description of each

18 proposed activity and a detailed budget estimate of the

19 costs associated with each program, project or activity as

20 part of the Budget Justifications. For fiscal year 2004,

21 HUD shall transmit this information to the Committees

22 by November 15, 2003 for 30 days of review.

23 SEC. 211. A public housing agency or such other enti24 ty that administers Federal housing assistance in the

25 states of Alaska, Iowa, and Mississippi shall not be re-
69

•HR 2861 EH

1 quired to include a resident of public housing or a recipi2 ent of assistance provided under section 8 of the United

3 States Housing Act of 1937 on the board of directors or

4 a similar governing board of such agency or entity as re5 quired under section (2)(b) of such Act. Each public hous6 ing agency or other entity that administers Federal hous7 ing assistance under section 8 in the states of Alaska,

8 Iowa and Mississippi shall establish an advisory board of

9 not less than 6 residents of public housing or recipients

10 of section 8 assistance to provide advice and comment to

11 the public housing agency or other administering entity

12 on issues related to public housing and section 8. Such

13 advisory board shall meet not less than quarterly.

14 SEC. 212. The Secretary of Housing and Urban De15 velopment shall provide quarterly reports to the House

16 and Senate Committees on Appropriations regarding all

17 uncommitted, unobligated, recaptured and excess funds in

18 each program and activity within the jurisdiction of the

19 Department and shall submit additional, updated budget

20 information to these Committees upon request.

21 TITLE III—INDEPENDENT AGENCIES

22 AMERICAN BATTLE MONUMENTS COMMISSION

23 SALARIES AND EXPENSES

24 For necessary expenses, not otherwise provided for,

25 of the American Battle Monuments Commission, including
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1 the acquisition of land or interest in land in foreign coun2 tries; purchases and repair of uniforms for caretakers of

3 national cemeteries and monuments outside of the United

4 States and its territories and possessions; rent of office

5 and garage space in foreign countries; purchase (one for

6 replacement only) and hire of passenger motor vehicles;

7 and insurance of official motor vehicles in foreign coun8 tries, when required by law of such countries, $47,276,000

9 (of which $10,000,000 shall not become available until

10 Septmeber 1, 2004), to remain available until expended.

11 CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD

12 SALARIES AND EXPENSES

13 For necessary expenses in carrying out activities pur14 suant to section 112(r)(6) of the Clean Air Act, as amend15 ed, including hire of passenger vehicles, uniforms or allow16 ances therefore, as authorized by 5 U.S.C. 5901–5902,

17 and for services authorized by 5 U.S.C. 3109 but at rates

18 for individuals not to exceed the per diem equivalent to

19 the maximum rate payable for senior level positions under

20 5 U.S.C. 5376, $8,550,000: Provided, That the Chemical

21 Safety and Hazard Investigation Board shall have not

22 more than three career Senior Executive Service positions.

23 EMERGENCY FUND

24 For necessary expenses of the Chemical Safety and

25 Hazard Investigation Board for accident investigations
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•HR 2861 EH

1 not otherwise provided for, $450,000, to remain available

2 until expended.

3 DEPARTMENT OF THE TREASURY

4 COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS

5 COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS

6 FUND PROGRAM ACCOUNT

7 To carry out the Community Development Banking

8 and Financial Institutions Act of 1994, including services

9 authorized by 5 U.S.C. 3109, but at rates for individuals

10 not to exceed the per diem rate equivalent to the rate for

11 ES–3, $51,000,000, to remain available until September

12 30, 2005, of which $3,000,000 shall be for financial assist13 ance, technical assistance, training and outreach programs

14 designed to benefit Native American, Native Hawaiian,

15 and Alaskan Native communities and provided primarily

16 through qualified community development lender organi17 zations with experience and expertise in community devel18 opment banking and lending in Indian country, Native

19 American organizations, tribes and tribal organizations

20 and other suitable providers, and up to $13,000,000 may

21 be used for administrative expenses, including administra22 tion of the New Markets Tax Credit, up to $6,000,000

23 may be used for the cost of direct loans, and up to

24 $250,000 may be used for administrative expenses to

25 carry out the direct loan program: Provided, That the cost
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1 of direct loans, including the cost of modifying such loans,

2 shall be as defined in section 502 of the Congressional

3 Budget Act of 1974, as amended: Provided further, That

4 these funds are available to subsidize gross obligations for

5 the principal amount of direct loans not to exceed

6 $11,000,000.

7 CONSUMER PRODUCT SAFETY COMMISSION

8 SALARIES AND EXPENSES

9 For necessary expenses of the Consumer Product

10 Safety Commission, including hire of passenger motor ve11 hicles, services as authorized by 5 U.S.C. 3109, but at

12 rates for individuals not to exceed the per diem rate equiv13 alent to the maximum rate payable under 5 U.S.C. 5376,

14 purchase of nominal awards to recognize non-Federal offi15 cials’ contributions to Commission activities, and not to

16 exceed $500 for official reception and representation ex17 penses, $60,000,000: Provided, That up to $1,000,000 is

18 for purposes of carrying out the Inspector General Act of

19 1978.

20 CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

21 NATIONAL AND COMMUNITY SERVICE PROGRAMS

22 OPERATING EXPENSES

23 For necessary expenses for the Corporation for Na24 tional and Community Service (the ‘‘Corporation’’) in car25 rying out programs, activities, and initiatives under the
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1 National and Community Service Act of 1990 (the ‘‘Act’’)

2 (42 U.S.C. 12501 et seq.), $363,452,000, to remain avail3 able until September 30, 2005: Provided, That not more

4 than $30,500,000 shall be available for administrative ex5 penses authorized under section 501(a)(4): Provided fur6 ther, That not more than $2,500 shall be for official recep7 tion and representation expenses: Provided further, That

8 $244,352,000 of the amount provided under this heading

9 shall be available for grants under the National Service

10 Trust program authorized under subtitle C of title I of

11 the Act (42 U.S.C. 12571 et seq.) (relating to activities

12 including the AmeriCorps program), and for grants to or13 ganizations operating projects under the AmeriCorps Edu14 cation Awards Program (without regard to the require15 ments of sections 121(d) and (e), 131(e), 132, and 140(a),

16 (d), and (e) of the Act): of which not more than

17 $50,000,000 may be used to administer, reimburse, or

18 support any national service program authorized under

19 section 121(d)(2) of such Act (42 U.S.C. 12581(d)(2)):

20 Provided further, That to the maximum extent feasible,

21 funds appropriated under subtitle C of title I of the Act

22 shall be provided in a manner that is consistent with the

23 recommendations of peer review panels in order to ensure

24 that priority is given to programs that demonstrate qual25 ity, innovation, replicability, and sustainability: Provided
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•HR 2861 EH

1 further, That not more than $10,000,000 of the funds

2 made available under this heading shall be for the Points

3 of Light Foundation for activities authorized under title

4 III of the Act (42 U.S.C. 12661 et seq.), of which not

5 more than $2,500,000 may be used to support an endow6 ment fund, the corpus of which shall remain intact and

7 the interest income from which shall be used to support

8 activities described in title III of the Act, provided that

9 the Foundation may invest the corpus and income in fed10 erally insured bank savings accounts or comparable inter11 est bearing accounts, certificates of deposit, money market

12 funds, mutual funds, obligations of the United States, and

13 other market instruments and securities but not in real

14 estate investments: Provided further, That no funds shall

15 be available for national service programs run by Federal

16 agencies authorized under section 121(b) of such Act (42

17 U.S.C. 12571(b)): Provided further, That not less than

18 $24,000,000 of the funds made available under this head19 ing shall be available for the Civilian Community Corps

20 authorized under subtitle E of title I of the Act (42 U.S.C.

21 12611 et seq.): Provided further, That not more than

22 $40,000,000 shall be available for school-based and com23 munity-based service-learning programs authorized under

24 subtitle B of title I of the Act (42 U.S.C. 12521 et seq.):

25 Provided further, That not more than $6,100,000 shall be
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•HR 2861 EH

1 available for quality and innovation activities authorized

2 under subtitle H of title I of the Act (42 U.S.C. 12853

3 et seq.): Provided further, That not more than $5,000,000

4 of the funds made available under this heading shall be

5 made available to America’s Promise—The Alliance for

6 Youth, Inc. only to support efforts to mobilize individuals,

7 groups, and organizations to build and strengthen the

8 character and competence of the Nation’s youth: Provided

9 further, That not more than $3,500,000 shall be available

10 for audits and other evaluations authorized under section

11 179 of the Act (42 U.S.C. 12639).

12 NATIONAL SERVICE TRUST

13 For payment of educational awards authorized under

14 subtitle D of title I of the National Community Service

15 Act of 1990 (42 U.S.C. 12601), $110,771,000, to remain

16 available until expended; of which $5,000,000 shall be

17 available for national service scholarships for high school

18 students performing community service, and $10,000,000

19 shall be held in reserve as defined in Public Law 108–

20 45: Provided, That the Corporation for National and Com21 munity Servcice shall enroll no more than 55,000 volun22 teers in the National Service Trust with the funds pro23 vided in this Act.

24 OFFICE OF INSPECTOR GENERAL

25 For necessary expenses of the Office of Inspector

26 General in carrying out the Inspector General Act of 1978,
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•HR 2861 EH

1 as amended, $6,000,000, to remain available until Sep2 tember 30, 2005.

3 ADMINISTRATIVE PROVISIONS

4 Notwithstanding any other provision of law, the term

5 ‘‘qualified student loan’’ with respect to national service

6 education awards shall mean any loan determined by an

7 institution of higher education to be necessary to cover

8 a student’s cost of attendance at such institution and

9 made, insured, or guaranteed directly to a student by a

10 State agency, in addition to other meanings under section

11 148(b)(7) of the National and Community Service Act.

12 Notwithstanding any other provision of law, funds

13 made available under section 129(d)(5)(B) of the National

14 and Community Service Act to assist entities in placing

15 applicants who are individuals with disabilities may be

16 provided to any entity that receives a grant under section

17 121 of the Act.

18 U.S. COURT OF APPEALS FOR VETERANS CLAIMS

19 SALARIES AND EXPENSES

20 For necessary expenses for the operation of the

21 United States Court of Appeals for Veterans Claims as

22 authorized by 38 U.S.C. 7251–7298, $15,938,000 of

23 which $1,175,000 shall be available for the purpose of pro24 viding financial assistance as described, and in accordance

25 with the process and reporting procedures set forth, under

26 this heading in Public Law 102–229.
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1 DEPARTMENT OF DEFENSE—CIVIL

2 CEMETERIAL EXPENSES, ARMY

3 SALARIES AND EXPENSES

4 For necessary expenses, as authorized by law, for

5 maintenance, operation, and improvement of Arlington

6 National Cemetery and Soldiers’ and Airmen’s Home Na7 tional Cemetery, including the purchase of one passenger

8 motor vehicle for replacement only, and not to exceed

9 $1,000 for official reception and representation expenses,

10 $25,961,000, to remain available until expended.

11 DEPARTMENT OF HEALTH AND HUMAN SERVICES

12 NATIONAL INSTITUTES OF HEALTH

13 NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH

14 SCIENCES

15 For necessary expenses for the National Institute of

16 Environmental Health Sciences in carrying out activities

17 set forth in section 311(a) of the Comprehensive Environ18 mental Response, Compensation, and Liability Act of

19 1980, as amended, and section 126(g) of the Superfund

20 Amendments and Reauthorization Act of 1986,

21 $80,000,000.
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1 AGENCY FOR TOXIC SUBSTANCES AND DISEASE

2 REGISTRY

3 TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC

4 HEALTH

5 For necessary expenses for the Agency for Toxic Sub6 stances and Disease Registry (ATSDR) in carrying out

7 activities set forth in sections 104(i), 111(c)(4), and

8 111(c)(14) of the Comprehensive Environmental Re9 sponse, Compensation, and Liability Act of 1980

10 (CERCLA), as amended; section 118(f) of the Superfund

11 Amendments and Reauthorization Act of 1986 (SARA),

12 as amended; and section 3019 of the Solid Waste Disposal

13 Act, as amended, $73,467,000, to be derived from the

14 Hazardous Substance Superfund Trust Fund pursuant to

15 section 517(a) of SARA (26 U.S.C. 9507): Provided, That

16 notwithstanding any other provision of law, in lieu of per17 forming a health assessment under section 104(i)(6) of

18 CERCLA, the Administrator of ATSDR may conduct

19 other appropriate health studies, evaluations, or activities,

20 including, without limitation, biomedical testing, clinical

21 evaluations, medical monitoring, and referral to accredited

22 health care providers: Provided further, That in per23 forming any such health assessment or health study, eval24 uation, or activity, the Administrator of ATSDR shall not

25 be bound by the deadlines in section 104(i)(6)(A) of
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1 CERCLA: Provided further, That none of the funds appro2 priated under this heading shall be available for ATSDR

3 to issue in excess of 40 toxicological profiles pursuant to

4 section 104(i) of CERCLA during fiscal year 2004, and

5 existing profiles may be updated as necessary.

6 ENVIRONMENTAL PROTECTION AGENCY

7 SCIENCE AND TECHNOLOGY

8 For science and technology, including research and

9 development activities, which shall include research and

10 development activities under the Comprehensive Environ11 mental Response, Compensation, and Liability Act of

12 1980, as amended; necessary expenses for personnel and

13 related costs and travel expenses, including uniforms, or

14 allowances therefor, as authorized by 5 U.S.C. 5901–

15 5902; services as authorized by 5 U.S.C. 3109, but at

16 rates for individuals not to exceed the per diem rate equiv17 alent to the maximum rate payable for senior level posi18 tions under 5 U.S.C. 5376; procurement of laboratory

19 equipment and supplies; other operating expenses in sup20 port of research and development; construction, alteration,

21 repair, rehabilitation, and renovation of facilities, not to

22 exceed $75,000 per project, $767,115,000 (reduced by

23 $7,300,000) which shall remain available until September

24 30, 2005.
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1 ENVIRONMENTAL PROGRAMS AND MANAGEMENT

2 For environmental programs and management, in3 cluding necessary expenses, not otherwise provided for, for

4 personnel and related costs and travel expenses, including

5 uniforms, or allowances therefor, as authorized by 5

6 U.S.C. 5901–5902; services as authorized by 5 U.S.C.

7 3109, but at rates for individuals not to exceed the per

8 diem rate equivalent to the maximum rate payable for sen9 ior level positions under 5 U.S.C. 5376; hire of passenger

10 motor vehicles; hire, maintenance, and operation of air11 craft; purchase of reprints; library memberships in soci12 eties or associations which issue publications to members

13 only or at a price to members lower than to subscribers

14 who are not members; construction, alteration, repair, re15 habilitation, and renovation of facilities, not to exceed

16 $75,000 per project; and not to exceed $9,000 for official

17 reception and representation expenses, $2,192,552,000

18 (increased by $550,000) (reduced by $1,000,000) (in19 creased by $1,000,000) (reduced by $5,400,000) (in20 creased by $5,400,000), which shall remain available until

21 September 30, 2005, including administrative costs of the

22 brownfields program under the Small Business Liability

23 Relief and Brownfields Revitalization Act of 2002.

24 OFFICE OF INSPECTOR GENERAL

25 For necessary expenses of the Office of Inspector

26 General in carrying out the provisions of the Inspector
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1 General Act of 1978, as amended, and for construction,

2 alteration, repair, rehabilitation, and renovation of facili3 ties, not to exceed $75,000 per project, $36,808,000, to

4 remain available until September 30, 2005.

5 BUILDINGS AND FACILITIES

6 For construction, repair, improvement, extension, al7 teration, and purchase of fixed equipment or facilities of,

8 or for use by, the Environmental Protection Agency,

9 $42,918,000 (reduced by $550,000), to remain available

10 until expended.

11 HAZARDOUS SUBSTANCE SUPERFUND

12 (INCLUDING TRANSFERS OF FUNDS)

13 For necessary expenses to carry out the Comprehen14 sive Environmental Response, Compensation, and Liabil15 ity Act of 1980 (CERCLA), as amended, including sec16 tions 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C.

17 9611), and for construction, alteration, repair, rehabilita18 tion, and renovation of facilities, not to exceed $75,000

19 per project; $1,275,000,000, to remain available until ex20 pended, consisting of $200,000,000, as authorized by sec21 tion 517(a) of the Superfund Amendments and Reauthor22 ization Act of 1986 (SARA), as amended, and

23 $1,075,000,000 as a payment from general revenues to

24 the Hazardous Substance Superfund for purposes as au25 thorized by section 517(b) of SARA, as amended: Pro26 vided, That funds appropriated under this heading may
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1 be allocated to other Federal agencies in accordance with

2 section 111(a) of CERCLA: Provided further, That of the

3 funds appropriated under this heading, $13,214,000 shall

4 be transferred to the ‘‘Office of Inspector General’’ appro5 priation to remain available until September 30, 2005,

6 and $44,697,000 shall be transferred to the ‘‘Science and

7 technology’’ appropriation to remain available until Sep8 tember 30, 2005.

9 LEAKING UNDERGROUND STORAGE TANK TRUST FUND

10 For necessary expenses to carry out leaking under11 ground storage tank cleanup activities authorized by sec12 tion 205 of the Superfund Amendments and Reauthoriza13 tion Act of 1986, and for construction, alteration, repair,

14 rehabilitation, and renovation of facilities, not to exceed

15 $75,000 per project, $72,545,000 (increased by

16 $7,300,000), to remain available until expended.

17 OIL SPILL RESPONSE

18 For expenses necessary to carry out the Environ19 mental Protection Agency’s responsibilities under the Oil

20 Pollution Act of 1990, $16,209,000, to be derived from

21 the Oil Spill Liability trust fund, to remain available until

22 expended.

23 STATE AND TRIBAL ASSISTANCE GRANTS

24 For environmental programs and infrastructure as25 sistance, including capitalization grants for State revolv26 ing funds and performance partnership grants,
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1 $3,601,950,000, to remain available until expended, of

2 which $1,200,000,000 shall be for making capitalization

3 grants for the Clean Water State Revolving Funds under

4 title VI of the Federal Water Pollution Control Act, as

5 amended (the ‘‘Act’’), of which up to $68,000,000 shall

6 be available for loans, including interest free loans as au7 thorized by 33 U.S.C. 1383(d)(1)(A), to municipal, inter8 municipal, interstate, or State agencies or nonprofit enti9 ties for projects that provide treatment for or that mini10 mize sewage or stormwater discharges using one or more

11 approaches which include, but are not limited to, decen12 tralized or distributed stormwater controls, decentralized

13 wastewater treatment, low-impact development practices,

14 conservation easements, stream buffers, or wetlands res15 toration; $850,000,000 shall be for capitalization grants

16 for the Drinking Water State Revolving Funds under sec17 tion 1452 of the Safe Drinking Water Act, as amended;

18 $50,000,000 shall be for architectural, engineering, plan19 ning, design, construction and related activities in connec20 tion with the construction of high priority water and

21 wastewater facilities in the area of the United States-Mex22 ico Border, after consultation with the appropriate border

23 commission; $25,000,000 shall be for grants to the State

24 of Alaska to address drinking water and wastewater infra25 structure needs of rural and Alaska Native Villages;
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1 $195,000,000 shall be for making grants for the construc2 tion of drinking water, wastewater and storm water infra3 structure and for water quality protection in accordance

4 with the terms and conditions specified for such grants

5 in the report accompanying this legislation; $8,250,000

6 for grants for construction of alternative decentralized

7 wastewater facilities under the National Decentralized

8 Wastewater Demonstration program, in accordance with

9 the terms and conditions specified in the report accom10 panying this legislation; $93,500,000 shall be to carry out

11 section 104(k) of the Comprehensive Environmental Re12 sponse, Compensation, and Liability Act of 1980

13 (CERCLA), as amended, including grants, interagency

14 agreements, and associated program support costs; and

15 $1,180,200,000 shall be for grants, including associated

16 program support costs, to States, federally recognized

17 tribes, interstate agencies, tribal consortia, and air pollu18 tion control agencies for multi-media or single media pol19 lution prevention, control and abatement and related ac20 tivities, including activities pursuant to the provisions set

21 forth under this heading in Public Law 104–134, and for

22 making grants under section 103 of the Clean Air Act for

23 particulate matter monitoring and data collection activi24 ties, of which and subject to terms and conditions specified

25 by the Administrator, $50,000,000 shall be for carrying
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1 out section 128 of CERCLA, as amended, and

2 $20,000,000 shall be for National Environmental Infor3 mation Exchange Network grants, including associated

4 program support costs: Provided, That for fiscal year

5 2004, State authority under section 302(a) of Public Law

6 104–182 shall remain in effect: Provided further, That

7 notwithstanding section 603(d)(7) of the Act, the limita8 tion on the amounts in a State water pollution control re9 volving fund that may be used by a State to administer

10 the fund shall not apply to amounts included as principal

11 in loans made by such fund in fiscal year 2004 and prior

12 years where such amounts represent costs of admin13 istering the fund to the extent that such amounts are or

14 were deemed reasonable by the Administrator, accounted

15 for separately from other assets in the fund, and used for

16 eligible purposes of the fund, including administration:

17 Provided further, That for fiscal year 2004, and notwith18 standing section 518(f) of the Act, the Administrator is

19 authorized to use the amounts appropriated for any fiscal

20 year under section 319 of that Act to make grants to In21 dian tribes pursuant to sections 319(h) and 518(e) of that

22 Act: Provided further, That for fiscal year 2004, notwith23 standing the limitation on amounts in section 518(c) of

the Act, up to a total of 11 24 ⁄2 percent of the funds appro25 priated for State Revolving Funds under title VI of that
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1 Act may be reserved by the Administrator for grants

2 under section 518(c) of such Act: Provided further, That

3 no funds provided by this legislation to address the water,

4 wastewater and other critical infrastructure needs of the

5 colonias in the United States along the United States6 Mexico border shall be made available to a county or mu7 nicipal government unless that government has established

8 an enforceable local ordinance, or other zoning rule, which

9 prevents in that jurisdiction the development or construc10 tion of any additional colonia areas, or the development

11 within an existing colonia the construction of any new

12 home, business, or other structure which lacks water,

13 wastewater, or other necessary infrastructure: Provided

14 further, That the referenced statement of the managers

15 under this heading in Public Law 108–7, item number

16 383, is deemed to be amended by adding after the word

17 ‘‘overflow’’, ‘‘and water infrastructure’’: Provided further,

18 That the referenced statement of the managers under this

19 heading in Public Law 108–07, item number 255, is

20 deemed to be amended by inserting ‘‘water and’’ after the

21 words ‘‘Mississippi for’’: Provided further, That the ref22 erenced statement of the managers under this heading in

23 Public Law 108–07, item number 256, is deemed to be

24 amended by adding after the word ‘‘for’’, ‘‘water and’’.
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1 ADMINISTRATIVE PROVISIONS

2 For fiscal year 2004, notwithstanding 31 U.S.C.

3 6303(1) and 6305(1), the Administrator of the Environ4 mental Protection Agency, in carrying out the Agency’s

5 function to implement directly Federal environmental pro6 grams required or authorized by law in the absence of an

7 acceptable tribal program, may award cooperative agree8 ments to federally-recognized Indian Tribes or Intertribal

9 consortia, if authorized by their member Tribes, to assist

10 the Administrator in implementing Federal environmental

11 programs for Indian Tribes required or authorized by law,

12 except that no such cooperative agreements may be award13 ed from funds designated for State financial assistance

14 agreements.

15 None of the funds appropriated or otherwise made

16 available by this Act shall be used to promulgate a final

17 regulation to implement changes in the payment of pes18 ticide tolerance processing fees as proposed at 64 Fed.

19 Reg. 31040, or any similar proposals. The Environmental

20 Protection Agency may proceed with the development of

21 such a rule.

22 The Environmental Protection Agency may not use

23 any of the funds appropriated or otherwise made available

24 by this Act to implement the Registration Fee system

25 codified at 40 Code of Federal Regulations Subpart U
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1 (sections 152.400 et seq.) if its authority to collect mainte2 nance fees pursuant to FIFRA section 4(i)(5) is extended

3 for at least 1 year beyond September 30, 2003.

4 Section 136a–1 of title 7, U.S.C. is amended—

5 (1) in subsection (i)(5)(C)(i) by striking

6 ‘‘2003’’ and inserting ‘‘2004’’;

7 (2) in subsection (i)(5)(H) by striking ‘‘2003’’

8 and inserting ‘‘2004’’;

9 (3) in subsection (i)(6) by striking ‘‘2003’’ and

10 inserting ‘‘2004’’; and

11 (4) in subsection (k)(3)(A) by striking ‘‘2003’’

12 and inserting ‘‘2004’’.

13 EXECUTIVE OFFICE OF THE PRESIDENT

14 OFFICE OF SCIENCE AND TECHNOLOGY POLICY

15 For necessary expenses of the Office of Science and

16 Technology Policy, in carrying out the purposes of the Na17 tional Science and Technology Policy, Organization, and

18 Priorities Act of 1976 (42 U.S.C. 6601 and 6671), hire

19 of passenger motor vehicles, and services as authorized by

20 5 U.S.C. 3109, not to exceed $2,500 for official reception

21 and representation expenses, and rental of conference

22 rooms in the District of Columbia, $7,027,000.

23 COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF

24 ENVIRONMENTAL QUALITY

25 For necessary expenses to continue functions as26 signed to the Council on Environmental Quality and Office
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1 of Environmental Quality pursuant to the National Envi2 ronmental Policy Act of 1969, the Environmental Quality

3 Improvement Act of 1970, and Reorganization Plan No.

4 1 of 1977, and not to exceed $750 for official reception

5 and representation expenses, $3,238,000: Provided, That

6 notwithstanding section 202 of the National Environ7 mental Policy Act of 1970, the Council shall consist of

8 one member, appointed by the President, by and with the

9 advice and consent of the Senate, serving as chairman and

10 exercising all powers, functions, and duties of the Council.

11 FEDERAL DEPOSIT INSURANCE CORPORATION

12 OFFICE OF INSPECTOR GENERAL

13 For necessary expenses of the Office of Inspector

14 General in carrying out the provisions of the Inspector

15 General Act of 1978, as amended, $30,125,000, to be de16 rived from the Bank Insurance Fund, the Savings Asso17 ciation Insurance Fund, and the FSLIC Resolution Fund.

18 GENERAL SERVICES ADMINISTRATION

19 FEDERAL CITIZEN INFORMATION CENTER FUND

20 For necessary expenses of the Federal Citizen Infor21 mation Center, including services authorized by 5 U.S.C.

22 3109, $12,500,000, to be deposited into the Federal Cit23 izen Information Center Fund: Provided, That the appro24 priations, revenues, and collections deposited into the

25 Fund shall be available for necessary expenses of Federal
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1 Citizen Information Center activities in the aggregate

2 amount of $18,000,000. Appropriations, revenues, and

3 collections accruing to this Fund during fiscal year 2004

4 in excess of $18,000,000 shall remain in the Fund and

5 shall not be available for expenditure except as authorized

6 in appropriations Acts.

7 INTERAGENCY COUNCIL ON THE HOMELESS

8 OPERATING EXPENSES

9 For necessary expenses (including payment of sala10 ries, authorized travel, hire of passenger motor vehicles,

11 the rental of conference rooms in the District of Columbia,

12 and the employment of experts and consultants under sec13 tion 3109 of title 5, United States Code) of the Inter14 agency Council on the Homeless in carrying out the func15 tions pursuant to title II of the McKinney-Vento Homeless

16 Assistance Act, as amended, $1,500,000.

17 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

18 SPACE FLIGHT CAPABILITIES

19 (INCLUDING TRANSFER OF FUNDS)

20 For necessary expenses, not otherwise provided for,

21 in the conduct and support of space flight capabilities re22 search and development activities, including research, de23 velopment, operations, support and services; maintenance;

24 construction of facilities including repair, rehabilitation,

25 revitalization and modification of facilities, construction of

26 new facilities and additions to existing facilities, facility
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1 planning and design, and acquisition or condemnation of

2 real property, as authorized by law; environmental compli3 ance and restoration; space flight, spacecraft control and

4 communications activities including operations, produc5 tion, and services; program management; personnel and

6 related costs, including uniforms or allowances therefor,

7 as authorized by 5 U.S.C. 5901–5902; travel expenses;

8 purchase and hire of passenger motor vehicles; not to ex9 ceed $35,000 for official reception and representation ex10 penses; and purchase, lease, charter, maintenance and op11 eration of mission and administrative aircraft,

12 $7,806,100,000, to remain available until September 30,

13 2005, of which $15,000,000 of amounts for the Space

14 Shuttle Life Extension Program shall be for the develop15 ment and independent assessment of concepts to increase

16 Space Shuttle crew survivability for crew sizes of 4 to 7

17 astronauts by at least a factor of 20 relative to the dem18 onstrated crew survival rate of the Space Shuttle to date,

19 and of which amounts as determined by the Administrator

20 for salaries and benefits; training, travel and awards; facil21 ity and related costs; information technology services;

22 science, engineering, fabricating and testing services; and

23 other administrative services may be transferred to

24 ‘‘Science, aeronautics and exploration’’ in accordance with
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1 section 312(b) of the National Aeronautics and Space Act

2 of 1958, as amended by Public Law 106–377.

3 SCIENCE, AERONAUTICS AND EXPLORATION

4 (INCLUDING TRANSFER OF FUNDS)

5 For necessary expenses, not otherwise provided for,

6 in the conduct and support of science, aeronautics and ex7 ploration research and development activities, including

8 research, development, operations, support and services;

9 maintenance; construction of facilities including repair, re10 habilitation, revitalization, and modification of facilities,

11 construction of new facilities and additions to existing fa12 cilities, facility planning and design, and acquisition or

13 condemnation of real property, as authorized by law; envi14 ronmental compliance and restoration; space flight, space15 craft control and communications activities including oper16 ations, production, and services; program management;

17 personnel and related costs, including uniforms or allow18 ances therefor, as authorized by 5 U.S.C. 5901–5902;

19 travel expenses; purchase and hire of passenger motor ve20 hicles; not to exceed $35,000 for official reception and rep21 resentation expenses; and purchase, lease, charter, mainte22 nance and operation of mission and administrative air23 craft, $7,707,900,000, to remain available until Sep24 tember 30, 2005, of which amounts as determined by the

25 Administrator for salaries and benefits; training, travel

26 and awards; facility and related costs; information tech-
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1 nology services; science, engineering, fabricating and test2 ing services; and other administrative services may be

3 transferred to ‘‘Space flight capabilities’’ in accordance

4 with section 312(b) of the National Aeronautics and Space

5 Act of 1958, as amended by Public Law 106–377.

6 OFFICE OF INSPECTOR GENERAL

7 For necessary expenses of the Office of Inspector

8 General in carrying out the Inspector General Act of 1978,

9 as amended, $26,300,000.

10 ADMINISTRATIVE PROVISIONS

11 Notwithstanding the limitation on the availability of

12 funds appropriated for ‘‘Science, aeronautics and explo13 ration’’, or ‘‘Space flight capabilities’’ by this appropria14 tions Act, when any activity has been initiated by the in15 currence of obligations for construction of facilities or en16 vironmental compliance and restoration activities as au17 thorized by law, such amount available for such activity

18 shall remain available until expended. This provision does

19 not apply to the amounts appropriated for institutional

20 minor revitalization and construction of facilities, and in21 stitutional facility planning and design.

22 Notwithstanding the limitation on the availability of

23 funds appropriated for ‘‘Science, aeronautics and explo24 ration’’, or ‘‘Space flight capabilities’’ by this appropria25 tions Act, the amounts appropriated for construction of

26 facilities shall remain available until September 30, 2006.
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1 From amounts made available in this Act for these

2 activities, the Administration may transfer amounts be3 tween aeronautics of the ‘‘Science, Aeronautics and Explo4 ration’’ account and crosscutting technologies of the

5 ‘‘Space flight capabilities’’ account.

6 Funds for announced prizes otherwise authorized

7 shall remain available, without fiscal year limitation, until

8 the prize is claimed or the offer is withdrawn.

9 The unexpired balances of prior appropriations to

10 NASA for activities for which funds are provided under

11 this Act may be transferred to the new account established

12 for the appropriation that provides such activity under this

13 Act. Balances so transferred may be merged with funds

14 in the newly established account and thereafter may be

15 accounted for as one fund under the same terms and con16 ditions.

17 NATIONAL CREDIT UNION ADMINISTRATION

18 CENTRAL LIQUIDITY FACILITY

19 (INCLUDING TRANSFER OF FUNDS)

20 During fiscal year 2004, gross obligations of the Cen21 tral Liquidity Facility for the principal amount of new di22 rect loans to member credit unions, as authorized by 12

23 U.S.C. 1795 et seq., shall not exceed $1,500,000,000: Pro24 vided, That administrative expenses of the Central Liquid25 ity Facility in fiscal year 2004 shall not exceed $310,000.
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1 COMMUNITY DEVELOPMENT REVOLVING LOAN FUND

2 For the Community Development Revolving Loan

3 Fund program as authorized by 42 U.S.C. 9812, 9822

4 and 9910, $1,000,000 for technical assistance to low-in5 come and community development credit unions.

6 NATIONAL SCIENCE FOUNDATION

7 RESEARCH AND RELATED ACTIVITIES

8 For necessary expenses in carrying out the National

9 Science Foundation Act of 1950, as amended (42 U.S.C.

10 1861–1875), and the Act to establish a National Medal

11 of Science (42 U.S.C. 1880–1881); services as authorized

12 by 5 U.S.C. 3109; maintenance and operation of aircraft

13 and purchase of flight services for research support; acqui14 sition of aircraft; and authorized travel; $4,306,360,000

15 (reduced by $5,000,000), of which not more than

16 $355,000,000 (reduced by $5,000,000) shall remain avail17 able until expended for Polar research and operations sup18 port, and for reimbursement to other Federal agencies for

19 operational and science support and logistical and other

20 related activities for the United States Antarctic program;

21 the balance to remain available until September 30, 2005:

22 Provided, That receipts for scientific support services and

23 materials furnished by the National Research Centers and

24 other National Science Foundation supported research fa25 cilities may be credited to this appropriation: Provided fur-
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1 ther, That to the extent that the amount appropriated is

2 less than the total amount authorized to be appropriated

3 for included program activities, all amounts, including

4 floors and ceilings, specified in the authorizing Act for

5 those program activities or their subactivities shall be re6 duced proportionally and used for authorized purposes of

7 this account.

8 MAJOR RESEARCH EQUIPMENT AND FACILITIES

9 CONSTRUCTION

10 For necessary expenses for the acquisition, construc11 tion, commissioning, and upgrading of major research

12 equipment, facilities, and other such capital assets pursu13 ant to the National Science Foundation Act of 1950, as

14 amended, including authorized travel, $192,330,000, to

15 remain available until expended.

16 EDUCATION AND HUMAN RESOURCES

17 For necessary expenses in carrying out science and

18 engineering education and human resources programs and

19 activities pursuant to the National Science Foundation

20 Act of 1950, as amended (42 U.S.C. 1861–1875), includ21 ing services as authorized by 5 U.S.C. 3109, authorized

22 travel, and rental of conference rooms in the District of

23 Columbia, $910,680,000, to remain available until Sep24 tember 30, 2005: Provided, That to the extent that the

25 amount of this appropriation is less than the total amount

26 authorized to be appropriated for included program activi-
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1 ties, all amounts, including floors and ceilings, specified

2 in the authorizing Act for those program activities or their

3 subactivities shall be reduced proportionally.

4 SALARIES AND EXPENSES

5 For salaries and expenses necessary in carrying out

6 the National Science Foundation Act of 1950, as amended

7 (42 U.S.C. 1861–1875); services authorized by 5 U.S.C.

8 3109; hire of passenger motor vehicles; not to exceed

9 $9,000 for official reception and representation expenses;

10 uniforms or allowances therefor, as authorized by 5 U.S.C.

11 5901–5902; rental of conference rooms in the District of

12 Columbia; reimbursement of the General Services Admin13 istration for security guard services; $215,900,000: Pro14 vided, That contracts may be entered into under ‘‘Salaries

15 and expenses’’ in fiscal year 2004 for maintenance and

16 operation of facilities, and for other services, to be pro17 vided during the next fiscal year.

18 OFFICE OF THE NATIONAL SCIENCE BOARD

19 For necessary expenses (including payment of sala20 ries, authorized travel, hire of passenger motor vehicles,

21 the rental of conference rooms in the District of Columbia,

22 and the employment of experts and consultants under sec23 tion 3109 of title 5, United States Code) involved in car24 rying out section 4 of the National Science Foundation

25 Act of 1950 (42 U.S.C. 1863) and Public Law 86–209

26 (42 U.S.C. 1880 et seq.), $3,800,000: Provided, That not
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1 more than $9,000 shall be available for official reception

2 and representation expenses.

3 OFFICE OF INSPECTOR GENERAL

4 For necessary expenses of the Office of Inspector

5 General as authorized by the Inspector General Act of

6 1978, as amended, $10,000,000, to remain available until

7 September 30, 2005.

8 NEIGHBORHOOD REINVESTMENT CORPORATION

9 PAYMENT TO THE NEIGHBORHOOD REINVESTMENT

10 CORPORATION

11 For payment to the Neighborhood Reinvestment Cor12 poration for use in neighborhood reinvestment activities,

13 as authorized by the Neighborhood Reinvestment Corpora14 tion Act (42 U.S.C. 8101–8107), $115,000,000.

15 ADMINISTRATIVE PROVISION

16 Section 605(a) of the Neighborhood Reinvestment

17 Corporation Act (42 U.S.C. 8104) is amended by—

18 (1) striking out ‘‘compensation’’ and inserting

19 ‘‘salary’’; and striking out ‘‘highest rate provided for

20 GS–18 of the General Schedule under section 5332

21 of title 5 United States Code’’; and inserting ‘‘rate

22 for level IV of the Executive Schedule’’; and

23 (2) inserting after the end the following sen24 tence: ‘‘The Corporation shall also apply the provi25 sions of section 5307 (a)(1), (b)(1), and (b)(2) of

26 title 5, United States Code, governing limitations on
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1 certain pay as if its employees were Federal employ2 ees receiving payments under title 5.’’.

3 SELECTIVE SERVICE SYSTEM

4 SALARIES AND EXPENSES

5 For necessary expenses of the Selective Service Sys6 tem, including expenses of attendance at meetings and of

7 training for uniformed personnel assigned to the Selective

8 Service System, as authorized by 5 U.S.C. 4101–4118 for

9 civilian employees; purchase of uniforms, or allowances

10 therefor, as authorized by 5 U.S.C. 5901–5902; hire of

11 passenger motor vehicles; services as authorized by 5

12 U.S.C. 3109; and not to exceed $750 for official reception

13 and representation expenses; $28,290,000: Provided, That

14 during the current fiscal year, the President may exempt

15 this appropriation from the provisions of 31 U.S.C. 1341,

16 whenever the President deems such action to be necessary

17 in the interest of national defense: Provided further, That

18 none of the funds appropriated by this Act may be ex19 pended for or in connection with the induction of any per20 son into the Armed Forces of the United States.

21 TITLE IV—GENERAL PROVISIONS

22 SEC. 401. No part of any appropriation contained in

23 this Act shall remain available for obligation beyond the

24 current fiscal year unless expressly so provided herein.
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1 SEC. 402. No funds appropriated by this Act may be

2 expended—

3 (1) pursuant to a certification of an officer or

4 employee of the United States unless—

5 (A) such certification is accompanied by,

6 or is part of, a voucher or abstract which de7 scribes the payee or payees and the items or

8 services for which such expenditure is being

9 made; or

10 (B) the expenditure of funds pursuant to

11 such certification, and without such a voucher

12 or abstract, is specifically authorized by law;

13 and

14 (2) unless such expenditure is subject to audit

15 by the General Accounting Officer or is specifically

16 exempt by law from such audit.

17 SEC. 403. None of the funds provided in this Act to

18 any department or agency may be obligated or expended

19 for: (1) the transportation of any officer or employee of

20 such department or agency between the domicile and the

21 place of employment of the officer or employee, with the

22 exception of an officer or employee authorized such trans23 portation under 31 U.S.C. 1344 or 5 U.S.C. 7905 or (2)

24 to provide a cook, chauffeur, or other personal servants

25 to any officer or employee of such department or agency.
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1 SEC. 404. None of the funds provided in this Act may

2 be used for payment, through grants or contracts, to re3 cipients that do not share in the cost of conducting re4 search resulting from proposals not specifically solicited

5 by the Government: Provided, That the extent of cost

6 sharing by the recipient shall reflect the mutuality of in7 terest of the grantee or contractor and the Government

8 in the research.

9 SEC. 405. None of the funds provided in this Act may

10 be used, directly or through grants, to pay or to provide

11 reimbursement for payment of the salary of a consultant

12 (whether retained by the Federal Government or a grant13 ee) at more than the daily equivalent of the rate paid for

14 level IV of the Executive Schedule, unless specifically au15 thorized by law.

16 SEC. 406. None of the funds provided in this Act may

17 be used to pay the expenses of, or otherwise compensate,

18 non-Federal parties intervening in regulatory or adjudica19 tory proceedings. Nothing herein affects the authority of

20 the Consumer Product Safety Commission pursuant to

21 section 7 of the Consumer Product Safety Act (15 U.S.C.

22 2056 et seq.).

23 SEC. 407. Except as otherwise provided under exist24 ing law, or under an existing Executive order issued pur25 suant to an existing law, the obligation or expenditure of
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1 any appropriation under this Act for contracts for any

2 consulting service shall be limited to contracts which are:

3 (1) a matter of public record and available for public in4 spection; and (2) thereafter included in a publicly available

5 list of all contracts entered into within 24 months prior

6 to the date on which the list is made available to the public

7 and of all contracts on which performance has not been

8 completed by such date. The list required by the preceding

9 sentence shall be updated quarterly and shall include a

10 narrative description of the work to be performed under

11 each such contract.

12 SEC. 408. None of the funds appropriated in this Act

13 may be used to implement any cap on reimbursements to

14 grantees for indirect costs, except as published in Office

15 of Management and Budget Circular A–21.

16 SEC. 409. Such sums as may be necessary for fiscal

17 year 2004 pay raises for programs funded by this Act shall

18 be absorbed within the levels appropriated in this Act.

19 SEC. 410. None of the funds made available in this

20 Act may be used for any program, project, or activity,

21 when it is made known to the Federal entity or official

22 to which the funds are made available that the program,

23 project, or activity is not in compliance with any Federal

24 law relating to risk assessment, the protection of private

25 property rights, or unfunded mandates.
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1 SEC. 411. Except in the case of entities that are

2 funded solely with Federal funds or any natural persons

3 that are funded under this Act, none of the funds in this

4 Act shall be used for the planning or execution of any pro5 gram to pay the expenses of, or otherwise compensate,

6 non-Federal parties to lobby or litigate in respect to adju7 dicatory proceedings funded in this Act. A chief executive

8 officer of any entity receiving funds under this Act shall

9 certify that none of these funds have been used to engage

10 in the lobbying of the Federal Government or in litigation

11 against the United States unless authorized under existing

12 law.

13 SEC. 412. No part of any funds appropriated in this

14 Act shall be used by an agency of the executive branch,

15 other than for normal and recognized executive-legislative

16 relationships, for publicity or propaganda purposes, and

17 for the preparation, distribution or use of any kit, pam18 phlet, booklet, publication, radio, television or film presen19 tation designed to support or defeat legislation pending

20 before the Congress, except in presentation to the Con21 gress itself.

22 SEC. 413. All departments and agencies funded under

23 this Act are encouraged, within the limits of the existing

24 statutory authorities and funding, to expand their use of

25 ‘‘E-Commerce’’ technologies and procedures in the con-
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1 duct of their business practices and public service activi2 ties.

3 SEC. 414. None of the funds made available in this

4 Act may be transferred to any department, agency, or in5 strumentality of the United States Government except

6 pursuant to a transfer made by, or transfer authority pro7 vided in, this Act or any other appropriation Act.

8 SEC. 415. None of the funds provided in this Act to

9 any department or agency shall be obligated or expended

10 to procure passenger automobiles as defined in 15 U.S.C.

11 2001 with an EPA estimated miles per gallon average of

12 less than 22 miles per gallon.

13 SEC. 416. Section 312 of the National Aeronautics

14 and Space Administration of 1958, as amended, is further

15 amended—

16 (1) by striking the second Sec. ‘‘312’’ and in17 serting ‘‘313’’;

18 (2) by inserting the title, ‘‘Full Cost Appropria19 tions Account Structure’’, before Sec. 313;

20 (3) in subsection (a)—

21 (A) by striking ‘‘Human space flight’’ and

22 inserting ‘‘Space flight capabilities’’;

23 (B) by striking ‘‘technology’’ and inserting

24 ‘‘exploration’’; and
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1 (C) by striking ‘‘2002’’ and inserting

2 ‘‘2004’’; and

3 (4) by striking subsection (c), and inserting the

4 following new subsection:

5 ‘‘(c) The unexpired balances of prior appropriations

6 to the Administration for activities authorized under this

7 Act may be transferred to the new account established for

8 such activity in subsection (a). Balances so transferred

9 may be merged with funds in the newly established ac10 count and thereafter may be accounted for as one fund

11 under the same terms and conditions’’.

12 SEC. 417. None of the funds made available in this

13 Act may be used to implement any policy prohibiting the

14 Directors of the Veterans Integrated Service Networks

15 from conducting outreach or marketing to enroll new vet16 erans within their respective Networks.

17 SEC. 418. None of the funds provided in this Act may

18 be expended to apply, in a numerical estimate of the bene19 fits of an agency action prepared pursuant to Executive

20 Order No. 12866 or section 812 of the Clean Air Act,

21 monetary values for adult premature mortality that differ

22 based on the age of the adult.
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1 SENSE OF CONGRESS REGARDING WAIT TIMES FOR

2 VETERANS

3 SEC. 419. It is the sense of Congress that no veteran

4 should wait more than 30 days for an initial doctor’s ap5 pointment.

6 SEC. 420. None of the funds made available in this

7 Act may be used to accept, consider, or rely on third-party

8 intentional dosing human studies for pesticides.

9 SEC. 421. None of the funds made available in this

10 Act may be used for voluntary separation incentive pay11 ments as provided for in subchapter II of chapter 35 of

12 title 5, United States Code, unless the Administrator has

13 first certified to Congress that such payments would not

14 result in the loss of skills related to the safety of the Space

15 Shuttle or the International Space Station or to the con16 duct of independent safety oversight in the National Aero17 nautics and Space Administration.

18 This Act may be cited as the ‘‘Departments of Vet19 erans Affairs and Housing and Urban Development, and

20 Independent Agencies Appropriations Act, 2004’’.

Passed the House of Representatives July 25, 2003.

Attest:

Clerk.