IB 

108TH CONGRESS 

1ST SESSION H. R. 2861

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 18, 2003

Ordered to be printed with the amendment of the Senate 

[Strike out all after the enacting clause and insert the part printed in italic] 

AN ACT

Making appropriations for the Departments of Veterans Affairs and Housing and Urban Development, and for sundry independent agencies, boards, commissions, corporations, and offices for the fiscal year ending September 

30, 2004, and for other purposes.

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:
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1 TITLE I—DEPARTMENT OF VETERANS AFFAIRS 

2 VETERANS BENEFITS ADMINISTRATION

3 COMPENSATION, PENSION AND BURIAL BENEFITS

4 (INCLUDING TRANSFER OF FUNDS)

5 For the payment of compensation benefits to or on 

6 behalf of veterans and a pilot program for disability ex7 aminations as authorized by law (38 U.S.C. 107, chapters 

8 11, 13, 18, 51, 53, 55, and 61); pension benefits to or 

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

10 chapters 15, 51, 53, 55, and 61; 92 Stat. 2508); and bur11 ial benefits, emergency and other officers’ retirement pay, 

12 adjusted-service credits and certificates, payment of pre13 miums due on commercial life insurance policies guaran14 teed under the provisions of article IV of the Soldiers’ and 

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

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

17 U.S.C. 107, 1312, 1977, and 2106, chapters 23, 51, 53, 

18 55, and 61; 50 U.S.C. App. 540–548; 43 Stat. 122, 123; 

19 45 Stat. 735; 76 Stat. 1198), $29,845,127,000, to remain 

20 available until expended: Provided, That not to exceed 

21 $17,617,000 of the amount appropriated under this head22 ing shall be reimbursed to ‘‘General operating expenses’’ 

23 and ‘‘Medical services for priority 1–6 veterans’’ for nec24 essary expenses in implementing those provisions author25 ized in the Omnibus Budget Reconciliation Act of 1990, 

26 and in the Veterans’ Benefits Act of 1992 (38 U.S.C. 
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1 chapters 51, 53, and 55), the funding source for which 

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

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

4 sums as may be earned on an actual qualifying patient 

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

6 fund’’ to augment the funding of individual medical facili7 ties for nursing home care provided to pensioners as au8 thorized. 

9 READJUSTMENT BENEFITS

10 For the payment of readjustment and rehabilitation 

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

12 (38 U.S.C. chapters 21, 30, 31, 34, 35, 36, 39, 51, 53, 

13 55, and 61), $2,529,734,000, to remain available until ex14 pended: Provided, That expenses for rehabilitation pro15 gram services and assistance which the Secretary is au16 thorized to provide under section 3104(a) of title 38, 

17 United States Code, other than under subsection (a)(1), 

18 (2), (5), and (11) of that section, shall be charged to this 

19 account. 

20 VETERANS INSURANCE AND INDEMNITIES

21 For military and naval insurance, national service life 

22 insurance, servicemen’s indemnities, service-disabled vet23 erans insurance, and veterans mortgage life insurance as 

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

25 Stat. 487, $29,017,000, to remain available until ex26 pended. 
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1 VETERANS HOUSING BENEFIT PROGRAM FUND PROGRAM

2 ACCOUNT

3 (INCLUDING TRANSFER OF FUNDS)

4 For the cost of direct and guaranteed loans, such 

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

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

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

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

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

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

11 resources available, not to exceed $300,000 in gross obli12 gations for direct loans are authorized for specially adapt13 ed housing loans, 38 U.S.C. 3711(i). 

14 In addition, for administrative expenses to carry out 

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

16 which may be transferred to and merged with the appro17 priation for ‘‘General operating expenses’’. 

18 EDUCATION LOAN FUND PROGRAM ACCOUNT

19 (INCLUDING TRANSFER OF FUNDS)

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

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

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

23 as defined in section 502 of the Congressional Budget Act 

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

25 are available to subsidize gross obligations for the prin26 cipal amount of direct loans not to exceed $3,400. 
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1 In addition, for administrative expenses necessary to 

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

3 be transferred to and merged with the appropriation for 

4 ‘‘General operating expenses’’. 

5 VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT

6 (INCLUDING TRANSFER OF FUNDS)

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

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

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

10 as defined in section 502 of the Congressional Budget Act 

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

12 available under this heading are available to subsidize 

13 gross obligations for the principal amount of direct loans 

14 not to exceed $3,938,000. 

15 In addition, for administrative expenses necessary to 

16 carry out the direct loan program, $300,000, which may 

17 be transferred to and merged with the appropriation for 

18 ‘‘General operating expenses’’. 

19 NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM

20 ACCOUNT

21 (INCLUDING TRANSFER OF FUNDS)

22 For administrative expenses to carry out the direct 

23 loan program authorized by 38 U.S.C. chapter 37, sub24 chapter V, as amended, $571,000, which may be trans25 ferred to and merged with the appropriation for ‘‘General 
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1 operating expenses’’: Provided, That no new loans in ex2 cess of $40,000,000 may be made in fiscal year 2004. 

3 GUARANTEED TRANSITIONAL HOUSING LOANS FOR

4 HOMELESS VETERANS PROGRAM ACCOUNT

5 For the administrative expenses to carry out the 

6 guaranteed transitional housing loan program authorized 

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

8 $350,000 of the amounts appropriated by this Act for 

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

10 priority 1–6 veterans) may be expended. 

11 VETERANS HEALTH ADMINISTRATION

12 MEDICAL SERVICES FOR PRIORITY 1–6 VETERANS

13 For necessary expenses for furnishing, as authorized 

14 by law, inpatient and outpatient care and treatment to 

15 beneficiaries of the Department of Veterans Affairs other 

16 than veterans described in paragraphs (7) and (8) of sec17 tion 1705(a) of title 38, United States Code, including 

18 care and treatment in facilities not under the jurisdiction 

19 of the department and including medical supplies and 

20 equipment and salaries and expenses of health-care em21 ployees hired under title 38, United States Code, and aid 

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

23 United States Code; $15,779,220,000, plus reimburse24 ments: Provided, That of the funds made available under 

25 this heading, not less than $200,000,000 is for the equip26 ment object classification, which amount shall not become 
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1 available for obligation until August 1, 2004, and shall 

2 remain available until September 30, 2005: Provided fur3 ther, That of the funds made available under this heading, 

4 not to exceed $700,000,000 shall be available until Sep5 tember 30, 2005. 

6 MEDICAL SERVICES FOR PRIORITY 7–8 VETERANS

7 (INCLUDING TRANSFER OF FUNDS)

8 For necessary expenses for furnishing, as authorized 

9 by law, inpatient and outpatient care and treatment to 

10 beneficiaries of the Department of Veterans Affairs who 

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

12 1705(a) of title 38, United States Code, including care 

13 and treatment in facilities not under the jurisdiction of 

14 the Department and including medical supplies and equip15 ment and salaries and expenses of health-care employees 

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

17 homes as authorized by section 1741 of title 38, United 

18 States Code; $2,164,000,000, plus reimbursements: Pro19 vided, That of the amounts provided under this heading, 

20 $1,500,000,000 shall be derived from amounts deposited 

21 during the current fiscal year in the Department of Vet22 erans Affairs Medical Care Collections Fund under section 

23 1729A of title 38, United States Code, and transferred 

24 to this account, to remain available until expended. 
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1 MEDICAL AND PROSTHETIC RESEARCH

2 For necessary expenses in carrying out programs of 

3 medical and prosthetic research and development as au4 thorized by chapter 73 of title 38, United States Code, 

5 to remain available until September 30, 2005, 

6 $408,000,000, plus reimbursements. 

7 MEDICAL ADMINISTRATION

8 (INCLUDING TRANSFER OF FUNDS)

9 For necessary expenses in the administration of the 

10 medical, hospital, nursing home, domiciliary, construction, 

11 supply, and research activities, as authorized by law; ad12 ministrative expenses in support of capital policy activi13 ties; information technology hardware and software; uni14 forms or allowances therefor, as authorized by sections 

15 5901–5902 of title 5, United States Code; and administra16 tive and legal expenses of the department for collecting 

17 and recovering amounts owed the department as author18 ized under chapter 17 of title 38, United States Code, and 

19 the Federal Medical Care Recovery Act (42 U.S.C. 2651 

20 et seq.); $4,854,000,000, of which $300,000,000 shall be 

21 available until September 30, 2005, plus reimbursements: 

22 Provided, That funds available under this heading may be 

23 transferred to ‘‘Medical Services for Priority 1–6 Vet24 erans’’ or to ‘‘Medical Services for Priority 7–8 Veterans’’ 

25 after notice of the amount and purpose of the transfer 

26 is provided to the Committees on Appropriations of the 
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1 Senate and House of Representatives and a period of 30 

2 days has elapsed. 

3 MEDICAL FACILITIES

4 (INCLUDING TRANSFER OF FUNDS)

5 For necessary expenses for the maintenance and op6 eration of hospitals, nursing homes, and domiciliary facili7 ties and other necessary facilities for the Veterans Health 

8 Administration; for administrative expenses in support of 

9 planning, design, project management, real property ac10 quisition and disposition, construction and renovation of 

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

12 department; for oversight, engineering and architectural 

13 activities not charged to project costs; for repairing, alter14 ing, improving or providing facilities in the several hos15 pitals and homes under the jurisdiction of the department, 

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

17 hire of temporary employees and purchase of materials; 

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

19 $4,000,000,000: Provided, That of the funds made avail20 able under this heading, not less than $80,000,000 is for 

21 the land and structures object classification, which amount 

22 shall not become available for obligation until August 1, 

23 2004, and shall remain available until September 30, 

24 2005: Provided further, That funds available under this 

25 heading may be transferred to ‘‘Medical Services for Pri26 ority 1–6 Veterans’’ or to ‘‘Medical Services for Priority 
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1 7–8 Veterans’’ after notice of the amount and purpose of 

2 the transfer is provided to the Committees on Appropria3 tions of the Senate and House of Representatives and a 

4 period of 30 days has elapsed. 

5 DEPARTMENTAL ADMINISTRATION

6 GENERAL OPERATING EXPENSES

7 For necessary operating expenses of the Department 

8 of Veterans Affairs, not otherwise provided for, including 

9 administrative expenses in support of department-wide 

10 capital planning, management and policy activities, uni11 forms or allowances therefor; not to exceed $25,000 for 

12 official reception and representation expenses; hire of pas13 senger motor vehicles; and reimbursement of the General 

14 Services Administration for security guard services, and 

15 the Department of Defense for the cost of overseas em16 ployee mail, $1,283,272,000: Provided, That expenses for 

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

18 3104(a)(1), (2), (5), and (11) that the Secretary deter19 mines are necessary to enable entitled veterans: (1) to the 

20 maximum extent feasible, to become employable and to ob21 tain and maintain suitable employment; or (2) to achieve 

22 maximum independence in daily living, shall be charged 

23 to this account: Provided further, That the Veterans Bene24 fits Administration shall be funded at not less than 

25 $1,005,000,000: Provided further, That of the funds made 
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1 available under this heading, not to exceed $66,000,000 

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

3 Provided further, That from the funds made available 

4 under this heading, the Veterans Benefits Administration 

5 may purchase up to two passenger motor vehicles for use 

6 in operations of that Administration in Manila, Phil7 ippines: Provided further, That travel expenses for this ac8 count shall not exceed $17,082,000. 

9 NATIONAL CEMETERY ADMINISTRATION

10 For necessary expenses of the National Cemetery Ad11 ministration for operations and maintenance, not other12 wise provided for, including uniforms or allowances there13 for; cemeterial expenses as authorized by law; purchase 

14 of one passenger motor vehicle for use in cemeterial oper15 ations; and hire of passenger motor vehicles, 

16 $144,223,000, to remain available until September 30, 

17 2005. 

18 OFFICE OF INSPECTOR GENERAL

19 For necessary expenses of the Office of Inspector 

20 General in carrying out the provisions of the Inspector 

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

22 available until September 30, 2005. 

23 CONSTRUCTION, MAJOR PROJECTS

24 For constructing, altering, extending and improving 

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

26 of the Department of Veterans Affairs, or for any of the 
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1 purposes set forth in sections 316, 2404, 2406, 8102, 

2 8103, 8106, 8108, 8109, 8110, and 8122 of title 38, 

3 United States Code, including planning, architectural and 

4 engineering services, maintenance or guarantee period 

5 services costs associated with equipment guarantees pro6 vided under the project, services of claims analysts, offsite 

7 utility and storm drainage system construction costs, and 

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

9 $4,000,000 or more or where funds for a project were 

10 made available in a previous major project appropriation, 

11 $274,690,000, to remain available until expended, of 

12 which $173,000,000 shall be for Capital Asset Realign13 ment for Enhanced Services (CARES) activities; and of 

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

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

16 disputes: Provided, That except for advance planning ac17 tivities, including needs assessments which may or may 

18 not lead to capital investments, and other capital asset 

19 management related activities, such as portfolio develop20 ment and management activities, and investment strategy 

21 studies funded through the advance planning fund and the 

22 planning and design activities funded through the design 

23 fund and CARES funds, including needs assessments 

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

25 of the funds appropriated under this heading shall be used 
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1 for any project which has not been approved by the Con2 gress in the budgetary process: Provided further, That 

3 funds provided in this appropriation for fiscal year 2004, 

4 for each approved project (except those for CARES activi5 ties referenced above) shall be obligated: (1) by the award6 ing of a construction documents contract by September 

7 30, 2004; and (2) by the awarding of a construction con8 tract by September 30, 2004: Provided further, That the 

9 Secretary of Veterans Affairs shall promptly report in 

10 writing to the Committees on Appropriations any ap11 proved major construction project in which obligations are 

12 not incurred within the time limitations established above: 

13 Provided further, That no funds from any other account 

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

15 constructing, altering, extending, or improving a project 

16 which was approved in the budget process and funded in 

17 this account until one year after substantial completion 

18 and beneficial occupancy by the Department of Veterans 

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

20 that part only. 

21 CONSTRUCTION, MINOR PROJECTS

22 For constructing, altering, extending, and improving 

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

24 of the Department of Veterans Affairs, including planning 

25 and assessments of needs which may lead to capital invest26 ments, architectural and engineering services, mainte-
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1 nance or guarantee period services costs associated with 

2 equipment guarantees provided under the project, services 

3 of claims analysts, offsite utility and storm drainage sys4 tem construction costs, and site acquisition, or for any of 

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

6 8103, 8106, 8108, 8109, 8110, 8122, and 8162 of title 

7 38, United States Code, where the estimated cost of a 

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

9 available until expended, along with unobligated balances 

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

11 which are hereby made available for any project where the 

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

13 $35,000,000 shall be for Capital Asset Realignment for 

14 Enhanced Services (CARES) activities: Provided, That 

15 from amounts appropriated under this heading, additional 

16 amounts may be used for CARES activities upon notifica17 tion of and approval by the Committees on Appropria18 tions: Provided further, That funds in this account shall 

19 be available for: (1) repairs to any of the nonmedical facili20 ties under the jurisdiction or for the use of the Depart21 ment which are necessary because of loss or damage 

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

23 temporary measures necessary to prevent or to minimize 

24 further loss by such causes. 
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1 PARKING REVOLVING FUND

2 For the parking revolving fund as authorized by 38 

3 U.S.C. 8109, income from fees collected, to remain avail4 able until expended, which shall be available for all author5 ized expenses except operations and maintenance costs, 

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

7 GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE

8 FACILITIES

9 For grants to assist States to acquire or construct 

10 State nursing home and domiciliary facilities and to re11 model, modify or alter existing hospital, nursing home and 

12 domiciliary facilities in State homes, for furnishing care 

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

14 $102,100,000, to remain available until expended. 

15 GRANTS FOR THE CONSTRUCTION OF STATE VETERANS

16 CEMETERIES

17 For grants to aid States in establishing, expanding, 

18 or improving State veterans cemeteries as authorized by 

19 38 U.S.C. 2408, $32,000,000, to remain available until 

20 expended. 

21 ADMINISTRATIVE PROVISIONS

22 (INCLUDING TRANSFER OF FUNDS)

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

24 ‘‘Compensation, pension and burial benefits’’, ‘‘Readjust25 ment benefits’’, and ‘‘Veterans insurance and indemnities’’ 
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1 may be transferred to any other of the mentioned appro2 priations. 

3 SEC. 102. Appropriations available to the Depart4 ment of Veterans Affairs for fiscal year 2004 for salaries 

5 and expenses shall be available for services authorized by 

6 5 U.S.C. 3109 hire of passenger motor vehicles; lease of 

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

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

9 SEC. 103. No appropriations in this Act for the De10 partment of Veterans Affairs (except the appropriations 

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

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

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

14 construction of any new hospital or home. 

15 SEC. 104. No appropriations in this Act for the De16 partment of Veterans Affairs shall be available for hos17 pitalization or examination of any persons (except bene18 ficiaries entitled under the laws bestowing such benefits 

19 to veterans, and persons receiving such treatment under 

20 5 U.S.C. 7901–7904 or 42 U.S.C. 5141–5204), unless re21 imbursement of cost is made to the Medical care collec22 tions fund account at such rates as may be fixed by the 

23 Secretary of Veterans Affairs. 

24 SEC. 105. Appropriations available to the Depart25 ment of Veterans Affairs for fiscal year 2004 for ‘‘Com-
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1 pensation, pension and burial benefits’’, ‘‘Readjustment 

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

3 be available for payment of prior year accrued obligations 

4 required to be recorded by law against the corresponding 

5 prior year accounts within the last quarter of fiscal year 

6 2003. 

7 SEC. 106. Appropriations accounts available to the 

8 Department of Veterans Affairs for fiscal year 2004 shall 

9 be available to pay prior year obligations of corresponding 

10 prior year appropriations accounts resulting from title X 

11 of the Competitive Equality Banking Act, Public Law 

12 100–86, except that if such obligations are from trust 

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

14 pension and burial benefits’’. 

15 SEC. 107. Notwithstanding any other provision of 

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

17 Affairs shall, from the National Service Life Insurance 

18 Fund (38 U.S.C. 1920), the Veterans’ Special Life Insur19 ance Fund (38 U.S.C. 1923), and the United States Gov20 ernment Life Insurance Fund (38 U.S.C. 1955), reim21 burse the ‘‘General operating expenses’’ account for the 

22 cost of administration of the insurance programs financed 

23 through those accounts: Provided, That reimbursement 

24 shall be made only from the surplus earnings accumulated 

25 in an insurance program in fiscal year 2004 that are avail-
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1 able for dividends in that program after claims have been 

2 paid and actuarially determined reserves have been set 

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

4 of an insurance program exceeds the amount of surplus 

5 earnings accumulated in that program, reimbursement 

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

7 Provided further, That the Secretary shall determine the 

8 cost of administration for fiscal year 2004 which is prop9 erly allocable to the provision of each insurance program 

10 and to the provision of any total disability income insur11 ance included in such insurance program. 

12 SEC. 108. Notwithstanding any other provision of 

13 law, the Department of Veterans Affairs shall continue the 

14 Franchise Fund pilot program authorized to be estab15 lished by section 403 of Public Law 103–356 until Octo16 ber 1, 2004: Provided, That the Franchise Fund, estab17 lished by title I of Public Law 104–204 to finance the 

18 operations of the Franchise Fund pilot program, shall con19 tinue until October 1, 2004. 

20 SEC. 109. Amounts deducted from enhanced-use 

21 lease proceeds to reimburse an account for expenses in22 curred by that account during a prior fiscal year for pro23 viding enhanced-use lease services, may be obligated dur24 ing the fiscal year in which the proceeds are received. 
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1 SEC. 110. Funds available in any Department of Vet2 erans Affairs appropriation for fiscal year 2004 or funds 

3 for salaries and other administrative expenses shall also 

4 be available to reimburse the Office of Resolution Manage5 ment and the Office of Employment Discrimination Com6 plaint Adjudication for all services provided at rates which 

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

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

9 the Office of Employment and Discrimination Complaint 

10 Adjudication: Provided, That payments may be made in 

11 advance for services to be furnished based on estimated 

12 costs: Provided further, That amounts received shall be 

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

14 office that provided the service. 

15 SEC. 111. No appropriations in this Act for the De16 partment of Veterans Affairs shall be available to enter 

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

18 rental is more than $300,000 unless the Secretary submits 

19 a report which the Committees on Appropriations of the 

20 Congress approve within 30 days following the date on 

21 which the report is received. 

22 SEC. 112. No appropriations in this Act for the De23 partment of Veterans Affairs shall be available for hos24 pitalization or treatment of any person by reason of eligi25 bility under section 1710(a)(3) of title 38, United States 
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1 Code, unless that person has disclosed to the Secretary 

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

3 require—

4 (1) current, accurate third-party reimbursement 

5 information for purposes of section 1729 of such 

6 title; and 

7 (2) annual income information for purposes of 

8 section 1722 of such title. 

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

10 $25,000,000 shall be for information technology initiatives 

11 to support the enterprise architecture of the Department 

12 of Veterans Affairs. 

13 SEC. 114. Notwithstanding any other provision of 

14 law, the Secretary of Veterans Affairs may establish a pri15 ority for treatment for veterans who have service-con16 nected disability, who are lower-income veterans, or who 

17 have special needs. 

18 SEC. 115. (a) The Secretary of Veterans Affairs shall 

19 conduct by contract a program of recovery audits for the 

20 fee basis and other medical services contracts with respect 

21 to payments for hospital care. Notwithstanding section 

22 3302(b) of title 31, United States Code, amounts col23 lected, by setoff or otherwise, as the result of such audits 

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

25 purposes for which funds are appropriated under ‘‘Medical 
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1 services for priority 7–8 veterans’’ and the purposes of 

2 paying a contractor a percent of the amount collected as 

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

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

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

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

7 Code) shall be allocated, net of payments to the con8 tractor, to that region. 

9 SEC. 116. Amounts made available for Medical Serv10 ices are available—

11 (1) for furnishing veterans provided Medical 

12 Services with recreational facilities, supplies, and 

13 equipment; and 

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

15 other expenses incidental to funerals and burials for 

16 beneficiaries receiving care in the department. 

17 SEC. 117. Balances in excess of $1,500,000,000 in 

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

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

20 8 veterans’’ for the purposes under that heading to be 

21 available until expended. 

22 SEC. 118. Amounts made available for fiscal year 

23 2004 under the ‘‘Medical services for priority 1–6 vet24 erans’’ and ‘‘Medical services for priority 7–8 veterans’’ 

25 accounts may be transferred between either account to the 
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1 extent necessary to implement the restructuring of the 

2 Veterans Health Administration accounts after notice of 

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

4 Committees on Appropriations of the Senate and House 

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

6 Provided, That the limitation on transfers is ten percent 

7 in fiscal year 2004. 

8 SEC. 119. The Department of Veterans Affairs med9 ical center in Houston, Texas, shall after the date of the 

10 enactment of this Act be known as designated as the ‘‘Mi11 chael E. DeBakey Department of Veterans Affairs Med12 ical Center’’. Any reference in any law, regulation, map, 

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

14 such medical center shall be considered to be a reference 

15 to the Michael E. DeBakey Department of Veterans Af16 fairs Medical Center. 

17 SEC. 120. The Secretary of Veterans Affairs shall 

18 maximize, to the greatest extent possible, sharing agree19 ments for services, programs and facilities with the De20 partment of Defense, particularly in areas where facilities 

21 and/or targeted populations are in close proximity: Pro22 vided, That the Secretary of Veterans Affairs shall submit 

23 a report to the Committees on Appropriations no later 

24 than December 1, 2003, detailing restrictive regulations, 

25 policies, and regulatory redundancies that inhibit resource 
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1 sharing, and provide milestone dates to address each iden2 tified issue. 

3 TITLE II—DEPARTMENT OF HOUSING AND 

4 URBAN DEVELOPMENT 

5 PUBLIC AND INDIAN HOUSING

6 HOUSING CERTIFICATE FUND

7 (INCLUDING TRANSFER AND RESCISSION OF FUNDS)

8 For activities and assistance under the United States 

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

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

11 $18,430,606,000 (increased by $150,000,000), and 

12 amounts that are recaptured in this account, to remain 

13 available until expended: Provided, That of the amounts 

14 made available under this heading, $14,230,606,000 (in15 creased by $150,000,000) and the aforementioned recap16 tures shall be available on October 1, 2003 and 

17 $4,200,000,000 shall be available on October 1, 2004: 

18 Provided further, That amounts made available under this 

19 heading are provided as follows: 

20 (1) $16,295,578,000 (increased by 

21 $150,000,000) for expiring or terminating section 8 

22 project-based subsidy contracts (including section 8 

23 moderate rehabilitation contracts), for amendments 

24 to section 8 project-based subsidy contracts, for con25 tracts entered into pursuant to section 441 of the 

26 McKinney-Vento Homeless Assistance Act, for the 
24

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1 renewal of section 8 contracts for units in projects 

2 that are subject to approved plans of action under 

3 the Emergency Low Income Housing Preservation 

4 Act of 1987 or the Low-Income Housing Preserva5 tion and Resident Homeownership Act of 1990, and 

6 for renewals of expiring section 8 tenant-based an7 nual contributions contracts (including amendments 

8 and renewals of enhanced vouchers under any provi9 sion of law authorizing such assistance under section 

10 8(t) of the Act (42 U.S.C. 1437f(t))): Provided,

11 That notwithstanding any other provision of law, the 

12 Secretary shall renew expiring section 8 tenant13 based annual contributions contracts for each public 

14 housing agency, (including for agencies participating 

15 in the Moving to Work demonstration, unit months 

16 representing section 8 tenant-based assistance funds 

17 committed by the public housing agency for specific 

18 purposes, other than reserves, that are authorized 

19 pursuant to any agreement and conditions entered 

20 into under such demonstration, and utilized in com21 pliance with any applicable program obligation dead22 lines) based on the total number of unit months 

23 which were under lease as reported on the most re24 cent end-of-year financial statement submitted by 

25 the public housing agency to the Department, ad-
25

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1 justed by such additional information submitted by 

2 the public housing agency to the Secretary which the 

3 Secretary determines to be timely and reliable re4 garding the total number of unit months under lease 

5 at the time of renewal of the annual contributions 

6 contract, and by applying an inflation factor based 

7 on local or regional factors to the actual per unit 

8 cost as reported on such statement: Provided further,

9 That none of the funds made available in this para10 graph may be used to support a total number of unit 

11 months under lease which exceeds a public housing 

12 agency’s authorized level of units under contract; 

13 (2) $568,503,000 for a central fund to be allo14 cated by the Secretary for amendments to section 8 

15 tenant-based annual contributions contracts for such 

16 purposes set forth in this paragraph: Provided, That 

17 subject to the following proviso, the Secretary may 

18 use amounts made available in such fund, as nec19 essary, for contract amendments resulting from a 

20 significant increase in the per unit cost of vouchers 

21 or an increase in the total number of unit months 

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

23 total number of unit months provided for by the an24 nual contributions contract: Provided further, That if 

25 a public housing agency, at any point in time during 
26

HR 2861 PP 

1 their fiscal year, has obligated the amounts made 

2 available to such agency pursuant to paragraph (1) 

3 under this heading for the renewal of expiring sec4 tion 8 tenant-based annual contributions contracts, 

5 and if such agency has expended fifty percent of the 

6 amounts available to such agency in its annual con7 tributions contract reserve account, the Secretary 

8 shall make available such amounts as are necessary 

9 from amounts available from such central fund to 

10 fund amendments under the preceding proviso with11 in thirty days of a request from such agency: Pro12 vided further, That none of the funds made available 

13 in this paragraph may be used to support a total 

14 number of unit months under lease which exceeds a 

15 public housing agency’s authorized level of units 

16 under contract: Provided further, That the Secretary 

17 shall provide quarterly reports to the Committees on 

18 Appropriations of the House and the Senate on the 

19 obligation of funds provided in this paragraph in ac20 cordance with the directions specified in the report 

21 accompanying this Act; 

22 (3) $206,495,100 for section 8 rental assistance 

23 for relocation and replacement of housing units that 

24 are demolished or disposed of pursuant to the Omni25 bus Consolidated Rescissions and Appropriations Act 
27

HR 2861 PP 

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

2 23 projects to assistance under section 8, the family 

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

4 relocation of witnesses in connection with efforts to 

5 combat crime in public and assisted housing pursu6 ant to a request from a law enforcement or prosecu7 tion agency, enhanced vouchers under any provision 

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

9 of the Act (42 U.S.C.1437f(t)), and tenant protec10 tion assistance, including replacement and relocation 

11 assistance; 

12 (4) $48,000,000 for family self-sufficiency coor13 dinators under section 23 of the Act; 

14 (5) not to exceed $1,209,020,000 for adminis15 trative and other expenses of public housing agencies 

16 in administering the section 8 tenant-based rental 

17 assistance program: Provided, That, notwithstanding 

18 any other provision of law or regulation, the Sec19 retary shall allocate funds provided in this para20 graph among public housing agencies in a manner 

21 prescribed by the Secretary: Provided further, That 

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

23 Act may be used to supplement the amounts pro24 vided in this paragraph: Provided further, That, 

25 hereafter, the Secretary shall recapture any funds 
28

HR 2861 PP 

1 provided under this heading in this Act or any other 

2 Act for administrative fees and other expenses from 

3 a public housing agency which are in excess of the 

4 amounts expended by such agency for the section 8 

5 tenant-based rental assistance program and not oth6 erwise needed to maintain an administrative fee re7 serve account balance of not to exceed five percent: 

8 Provided further, That all such administrative fee 

9 amounts provided under this paragraph shall be only 

10 for activities directly related to the provision of rent11 al assistance under section 8; 

12 (6) $100,000,000 for contract administrators 

13 for section 8 project-based assistance; and 

14 (7) not less than $3,010,000 shall be trans15 ferred to the Working Capital Fund for the develop16 ment of and modifications to information technology 

17 systems which serve programs or activities under 

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

19 Secretary may transfer up to 15 percent of funds 

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

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

22 that such action is necessary because the funding 

23 provided under one such paragraph otherwise would 

24 be depleted and as a result, the maximum utilization 

25 of section 8 tenant-based assistance with the funds 
29

HR 2861 PP 

1 appropriated for this purpose by this Act would not 

2 be feasible: Provided further, That prior to under3 taking the transfer of funds in excess of 10 percent 

4 from any paragraph pursuant to the previous pro5 viso, the Secretary shall notify the Chairman and 

6 Ranking Member of the Subcommittees on Veterans 

7 Affairs and Housing and Urban Development, and 

8 Independent Agencies of the Committees on Appro9 priations of the House of Representatives and the 

10 Senate and shall not transfer any such funds until 

11 30 days after such notification: Provided further,

12 That incremental vouchers previously made available 

13 under this heading for non-elderly disabled families 

14 shall, to the extent practicable, continue to be pro15 vided to non-elderly disabled families upon turnover: 

16 Provided further, That $1,372,000,000 is rescinded 

17 from unobligated balances remaining from funds ap18 propriated to the Department of Housing and Urban 

19 Development under this heading or the heading 

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

21 other heading for fiscal year 2003 and prior years, 

22 to be effected by the Secretary no later than Sep23 tember 30, 2004: Provided further, That any such 

24 balances governed by reallocation provisions under 

25 the statute authorizing the program for which the 
30

HR 2861 PP 

1 funds were originally appropriated shall be available 

2 for the rescission: Provided further, That any obli3 gated balances of contract authority from fiscal year 

4 1974 and prior that have been terminated shall be 

5 cancelled. 

6 PUBLIC HOUSING CAPITAL FUND

7 (INCLUDING TRANSFER OF FUNDS)

8 For the Public Housing Capital Fund Program to 

9 carry out capital and management activities for public 

10 housing agencies, as authorized under section 9 of the 

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

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

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

14 total amount provided under this heading, in addition to 

15 amounts otherwise allocated under this heading, 

16 $429,000,000 shall be allocated for such capital and man17 agement activities only among public housing agencies 

18 that have obligated all assistance for the agency for fiscal 

19 years 2001 and 2002 made available under this same 

20 heading in accordance with the requirements under para21 graphs (1) and (2) of section 9(j) of such Act: Provided 

22 further, That notwithstanding any other provision of law 

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

24 not delegate to any Department official other than the 

25 Deputy Secretary any authority under paragraph (2) of 

26 such section 9(j) regarding the extension of the time peri-
31

HR 2861 PP 

1 ods under such section for obligation of amounts made 

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

3 2003, or 2004: Provided further, That with respect to any 

4 amounts made available under the Public Housing Capital 

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

6 2004 that remain unobligated in violation of paragraph 

7 (1) of such section 9(j) or unexpended in violation of para8 graph (5)(A) of such section 9(j), the Secretary shall re9 capture any such amounts and reallocate such amounts 

10 among public housing agencies determined under section 

11 6(j) of the Act to be high-performing: Provided further,

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

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

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

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

16 Secretary issues a regulation for effect implementing sec17 tion 9(j) of the United States Housing Act of 1937 (42 

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

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

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

21 $51,000,000 shall be for carrying out activities under sec22 tion 9(h) of such Act, of which $13,000,000 shall be for 

23 the provision of remediation services to public housing 

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

25 Management Assessment Program and for surveys used 
32

HR 2861 PP 

1 to calculate local Fair Market Rents and assess housing 

2 conditions in connection with rental assistance under sec3 tion 8 of the Act: Provided further, That of the total 

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

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

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

7 Capital Fund for the development of and modifications to 

8 information technology systems which serve programs or 

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

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

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

12 States Housing Act of 1937, as amended: Provided fur13 ther, That of the total amount provided under this head14 ing, up to $40,000,000 shall be available for the Secretary 

15 of Housing and Urban Development to make grants to 

16 public housing agencies for emergency capital needs re17 sulting from emergencies and natural disasters in fiscal 

18 year 2004: Provided further, That of the total amount pro19 vided under this heading, $55,000,000 shall be for sup20 portive services, service coordinators and congregate serv21 ices as authorized by section 34 of the Act and the Native 

22 American Housing Assistance and Self-Determination Act 

23 of 1996. 

24 The first proviso under this heading in the Depart25 ments of Veterans Affairs and Housing and Urban Devel-
33

HR 2861 PP 

1 opment, and Independent Agencies Appropriations Act, 

2 2003, is amended by striking ‘‘1998, 1999’’. 

3 PUBLIC HOUSING OPERATING FUND

4 For 2004 payments to public housing agencies for the 

5 operation and management of public housing, as author6 ized by section 9(e) of the United States Housing Act of 

7 1937, as amended (42 U.S.C. 1437g(e)), $3,600,000,000: 

8 Provided, That of the total amount provided under this 

9 heading, $10,000,000 shall be for programs, as deter10 mined appropriate by the Attorney General, which assist 

11 in the investigation, prosecution, and prevention of violent 

12 crimes and drug offenses in public and federally-assisted 

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

14 be administered by the Department of Justice through a 

15 reimbursable agreement with the Department of Housing 

16 and Urban Development: Provided further, That no funds 

17 may be used under this heading for the purposes specified 

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

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

20 no amounts provided under this heading may be used for 

21 payments to public housing agencies for the costs of oper22 ation and management of public housing in any year prior 

23 to the current year. 
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HR 2861 PP 

1 REVITALIZATION OF SEVERELY DISTRESSED PUBLIC

2 HOUSING (HOPE VI)

3 For grants to public housing agencies for demolition, 

4 site revitalization, replacement housing, and tenant-based 

5 assistance grants to projects as authorized by section 24 

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

7 $50,000,000, to remain available until September 30, 

8 2005, of which the Secretary may use up to $500,000 (in9 creased by $4,500,000) for technical assistance and con10 tract expertise, to be provided directly or indirectly by 

11 grants, contracts or cooperative agreements, including 

12 training and cost of necessary travel for participants in 

13 such training, by or to officials and employees of the de14 partment and of public housing agencies and to residents: 

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

16 or indirectly by granting competitive advantage in awards 

17 to settle litigation or pay judgments, unless expressly per18 mitted herein. 

19 NATIVE AMERICAN HOUSING BLOCK GRANTS

20 (INCLUDING TRANSFERS OF FUNDS)

21 For the Native American Housing Block Grants pro22 gram, as authorized under title I of the Native American 

23 Housing Assistance and Self-Determination Act of 1996 

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

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

26 be contracted through the Secretary as technical assist-
35

HR 2861 PP 

1 ance and capacity building to be used by the National 

2 American Indian Housing Council in support of the imple3 mentation of NAHASDA; of which $5,000,000 shall be 

4 to support the inspection of Indian housing units, contract 

5 expertise, training, and technical assistance in the train6 ing, oversight, and management of Indian housing and 

7 tenant-based assistance, including up to $300,000 for re8 lated travel; and of which no less than $2,720,000 shall 

9 be transferred to the Working Capital Fund for develop10 ment of and modifications to information technology sys11 tems which serve programs or activities under ‘‘Public and 

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

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

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

15 authorized by title VI of NAHASDA: Provided further,

16 That such costs, including the costs of modifying such 

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

18 502 of the Congressional Budget Act of 1974, as amend19 ed: Provided further, That these funds are available to sub20 sidize the total principal amount of any notes and other 

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

22 exceed $8,049,000: Provided further, That for administra23 tive expenses to carry out the guaranteed loan program, 

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

25 shall be transferred to and merged with the appropriation 
36

HR 2861 PP 

1 for ‘‘Salaries and expenses’’, to be used only for the ad2 ministrative costs of these guarantees. 

3 INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM

4 ACCOUNT

5 (INCLUDING TRANSFER OF FUNDS)

6 For the cost of guaranteed loans, as authorized by 

7 section 184 of the Housing and Community Development 

8 Act of 1992 (12 U.S.C. 1715z–13a), $5,300,000, to re9 main available until expended: Provided, That such costs, 

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

11 defined in section 502 of the Congressional Budget Act 

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

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

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

15 In addition, for administrative expenses to carry out 

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

17 amounts in the first paragraph, which shall be transferred 

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

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

20 these guarantees. 

21 NATIVE HAWAIIAN HOUSING LOAN GUARANTEE FUND

22 PROGRAM ACCOUNT

23 (INCLUDING TRANSFER OF FUNDS)

24 For the cost of guaranteed loans, as authorized by 

25 section 184A of the Housing and Community Develop26 ment Act of 1992 (12 U.S.C. 1715z–13b), $1,000,000, to 
37

HR 2861 PP 

1 remain available until expended: Provided, That such 

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

3 be as defined in section 502 of the Congressional Budget 

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

5 funds are available to subsidize total loan principal, any 

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

7 $35,347,985. 

8 In addition, for administrative expenses to carry out 

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

10 amounts in the first paragraph, which shall be transferred 

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

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

13 these guarantees. 

14 COMMUNITY PLANNING AND DEVELOPMENT

15 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS

16 For carrying out the Housing Opportunities for Per17 sons with AIDS program, as authorized by the AIDS 

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

19 $297,000,000 (increased by $5,000,000), to remain avail20 able until September 30, 2005: Provided, That the Sec21 retary shall renew all expiring contracts for permanent 

22 supportive housing that were funded under section 

23 854(c)(3) of such Act that meet all program requirements 

24 before awarding funds for new contracts and activities au25 thorized under this section: Provided further, That the 
38

HR 2861 PP 

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

2 this heading for training, oversight, and technical assist3 ance activities. 

4 RURAL HOUSING AND ECONOMIC DEVELOPMENT

5 For the Office of Rural Housing and Economic De6 velopment in the Department of Housing and Urban De7 velopment, $25,000,000 to remain available until ex8 pended, which amount shall be competitively awarded by 

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

10 agencies, State community and/or economic development 

11 agencies, local rural nonprofits and community develop12 ment corporations to support innovative housing and eco13 nomic development activities in rural areas. 

14 EMPOWERMENT ZONES/ENTERPRISE COMMUNITIES

15 For grants in connection with a second round of em16 powerment zones and enterprise communities, 

17 $15,000,000, to remain available until September 30, 

18 2005, for ‘‘Urban Empowerment Zones’’, as authorized in 

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

20 U.S.C. 1391(g)), including $1,000,000 for each empower21 ment zone for use in conjunction with economic develop22 ment activities consistent with the strategic plan of each 

23 empowerment zone. 
39

HR 2861 PP 

1 COMMUNITY DEVELOPMENT FUND

2 (INCLUDING TRANSFERS OF FUNDS)

3 For assistance to units of State and local govern4 ment, and to other entities, for economic and community 

5 development activities, and for other purposes, 

6 $4,959,000,000, to remain available until September 30, 

7 2006: Provided, That of the amount provided, 

8 $4,538,650,000 is for carrying out the community devel9 opment block grant program under title I of the Housing 

10 and Community Development Act of 1974, as amended 

11 (the ‘‘Act’’ herein) (42 U.S.C. 5301 et seq.): Provided fur12 ther, That unless explicitly provided for under this heading 

13 (except for planning grants provided in the third para14 graph and amounts made available in the second para15 graph), not to exceed 20 percent of any grant made with 

16 funds appropriated under this heading (other than a grant 

17 made available in this paragraph to the Housing Assist18 ance Council or the National American Indian Housing 

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

20 of the Act) shall be expended for planning and manage21 ment development and administration: Provided further,

22 That $72,000,000 shall be for grants to Indian tribes not23 withstanding section 106(a)(1) of such Act; $3,300,000 

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

25 $2,400,000 shall be for a grant to the National American 

26 Indian Housing Council; $5,000,000 shall be available as 
40

HR 2861 PP 

1 a grant to the National Housing Development Corpora2 tion, for operating expenses not to exceed $2,000,000 and 

3 for a program of affordable housing acquisition and reha4 bilitation; $5,000,000 shall be available as a grant to the 

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

6 which $500,000 is for technical assistance and fund man7 agement, and $4,500,000 is for investments in the HOPE 

8 Fund and financing to affiliated organizations; 

9 $43,000,000 shall be for grants pursuant to section 107 

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

11 Hawaiian block grant authorized under title VIII of the 

12 Native American Housing Assistance and Self-Determina13 tion Act of 1996; no less than $4,900,000 shall be trans14 ferred to the Working Capital Fund for the development 

15 of and modification to information technology systems 

16 which serve programs or activities under ‘‘Community 

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

18 grants pursuant to the Self Help Homeownership Oppor19 tunity Program; $33,250,000 shall be for capacity build20 ing, of which $28,250,000 shall be for Capacity Building 

21 for Community Development and Affordable Housing for 

22 LISC and the Enterprise Foundation for activities as au23 thorized by section 4 of the HUD Demonstration Act of 

24 1993 (42 U.S.C. 9816 note), as in effect immediately be25 fore June 12, 1997, with not less than $5,000,000 of the 
41

HR 2861 PP 

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

2 and of which $5,000,000 shall be for capacity building ac3 tivities administered by Habitat for Humanity Inter4 national; $65,000,000 shall be available for YouthBuild 

5 program activities authorized by subtitle D of title IV of 

6 the Cranston-Gonzalez National Affordable Housing Act, 

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

8 with respect to any funds made available under this head9 ing: Provided That local YouthBuild programs that dem10 onstrate an ability to leverage private and nonprofit fund11 ing shall be given a priority for YouthBuild funding: Pro12 vided further, That no more than 10 percent of any grant 

13 award under the YouthBuild program may be used for ad14 ministrative costs: Provided further, That of the amount 

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

16 is for grants to establish YouthBuild programs in under17 served and rural areas and $2,000,000 is to be made avail18 able for a grant to YouthBuild USA for capacity building 

19 for community development and affordable housing activi20 ties as specified in section 4 of the HUD Demonstration 

21 Act of 1993, as amended. 

22 Of the amount made available under this heading, 

23 $21,000,000 shall be available for neighborhood initiatives 

24 that are utilized to improve the conditions of distressed 

25 and blighted areas and neighborhoods, to stimulate invest-
42

HR 2861 PP 

1 ment, economic diversification, and community revitaliza2 tion in areas with population outmigration or a stagnating 

3 or declining economic base, or to determine whether hous4 ing benefits can be integrated more effectively with welfare 

5 reform initiatives: Provided, That amounts made available 

6 under this paragraph shall be provided in accordance with 

7 the terms and conditions specified in the report accom8 panying this Act. 

9 Of the amount made available under this heading, 

10 $137,500,000 shall be available for grants for the Eco11 nomic Development Initiative (EDI) to finance a variety 

12 of targeted economic investments in accordance with the 

13 terms and conditions specified in the report accompanying 

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

15 this paragraph may be used for program operations. 

16 The referenced statement of the managers under this 

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

18 with respect to the amount made available to the North 

19 Carolina Community Land Trust Initiative by striking 

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

21 inserting ‘‘Orange Community Housing and Land Trust’’. 

22 The referenced statement of the managers under this 

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

24 with respect to the amount made available to the Willacy 

25 County Boys and Girls Club in Willacy County, Texas by 
43

HR 2861 PP 

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

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

3 The referenced statement of the managers under this 

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

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

6 curbs, street lighting, outdoor furniture and fa ̧cade im7 provements in the Mill Village neighborhood’’ and insert8 ing ‘‘for the restoration and renovation of houses within 

9 the Lincoln or Dallas mill villages’’. 

10 The referenced statement of the managers under this 

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

12 with respect to the amount made available to the Metro13 politan Development Association in Syracuse, New York 

14 by inserting ‘‘and other economic development planning 

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

16 The referenced statement of the managers under this 

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

18 with respect to the amount made available to the Staten 

19 Island Freedom Memorial Fund by striking all ‘‘Staten 

20 Island Freedom Memorial Fund for the construction of 

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

22 New York’’ and inserting ‘‘Staten Island Botanical Gar23 den for construction and related activities for a healing 

24 garden’’. 
44

HR 2861 PP 

1 The referenced statement of the managers under this 

2 heading in title II of division K of the Consolidated Appro3 priations Resolution, 2003 (Public Law 108–7; H. Rept. 

4 108–10) is deemed to be amended with respect to item 

5 number 526 by striking ‘‘for an economic development 

6 study for the revitalization of Westchester’’ and inserting 

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

8 Mamaroneck in downtown White Plains’’. 

9 The referenced statement of the managers under this 

10 heading in title II of division K of the Consolidated Appro11 priations Resolution, 2003 (Public Law 108–7; H. Rept. 

12 108–10) is deemed to be amended with respect to item 

13 number 877 by striking ‘‘West Virginia High Technology 

14 Consortium Foundation, Inc. in Marion County, West Vir15 ginia for facilities construction for a high-tech park’’ and 

16 inserting ‘‘Glenville State College in Glenville, West Vir17 ginia for construction of a new campus community edu18 cation center’’. 

19 The referenced statement of the managers under this 

20 heading in title II of division K of the Consolidated Appro21 priations Resolution, 2003 (Public Law 108–7; H. Rept. 

22 108–10) is deemed to be amended with respect to item 

23 number 126 by striking ‘‘for construction of’’ and insert24 ing ‘‘for facilities improvements and build out for’’. 
45

HR 2861 PP 

1 URBAN DEVELOPMENT ACTION GRANTS

2 (RESCISSION)

3 From balances of the Urban Development Action 

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

5 and Community Development Act of 1974, as amended, 

6 $30,000,000 are canceled. 

7 BROWNFIELDS REDEVELOPMENT

8 For competitive economic development grants, as au9 thorized by section 108(q) of the Housing and Community 

10 Development Act of 1974, as amended, for Brownfields 

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

12 until September 30, 2005. 

13 HOME INVESTMENT PARTNERSHIPS PROGRAM

14 (INCLUDING TRANSFER OF FUNDS)

15 For the HOME investment partnerships program, as 

16 authorized under title II of the Cranston-Gonzalez Na17 tional Affordable Housing Act, as amended, 

18 $1,939,100,000, to remain available until September 30, 

19 2006: Provided, That of the total amount provided in this 

20 paragraph, up to $40,000,000 shall be available for hous21 ing counseling under section 106 of the Housing and 

22 Urban Development Act of 1968 and no less than 

23 $2,100,000 shall be transferred to the Working Capital 

24 Fund for the development of and modifications to informa25 tion technology systems which serve programs or activities 

26 under ‘‘Community planning and development’’. 
46

HR 2861 PP 

1 In addition to amounts otherwise made available 

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

3 until September 30, 2006, for assistance to homebuyers 

4 as authorized under title II of the Cranston-Gonzalez Na5 tional Affordable Housing Act, as amended: Provided, 

6 That the Secretary shall provide such assistance in accord7 ance with a formula to be established by the Secretary 

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

9 prior commitment to, assistance to homebuyers. 

10 HOMELESS ASSISTANCE GRANTS

11 (INCLUDING TRANSFER OF FUNDS)

12 For the emergency shelter grants program as author13 ized under subtitle B of title IV of the McKinney-Vento 

14 Homeless Assistance Act, as amended; the supportive 

15 housing program as authorized under subtitle C of title 

16 IV of such Act; the section 8 moderate rehabilitation sin17 gle room occupancy program as authorized under the 

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

19 homeless individuals pursuant to section 441 of the 

20 McKinney-Vento Homeless Assistance Act; and the shelter 

21 plus care program as authorized under subtitle F of title 

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

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

24 which $20,000,000 to remain available until expended: 

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

26 available, excluding amounts provided for renewals under 
47

HR 2861 PP 

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

2 housing: Provided further, That all funds awarded for 

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

4 grantee: Provided further, That the Secretary shall renew 

5 on an annual basis expiring contracts or amendments to 

6 contracts funded under the shelter plus care program if 

7 the program is determined to be needed under the applica8 ble continuum of care and meets appropriate program re9 quirements and financial standards, as determined by the 

10 Secretary: Provided further, That all awards of assistance 

11 under this heading shall be required to coordinate and in12 tegrate homeless programs with other mainstream health, 

13 social services, and employment programs for which home14 less populations may be eligible, including Medicaid, State 

15 Children’s Health Insurance Program, Temporary Assist16 ance for Needy Families, Food Stamps, and services fund17 ing through the Mental Health and Substance Abuse 

18 Block Grant, Workforce Investment Act, and the Welfare19 to-Work grant program: Provided further, That 

20 $12,000,000 of the funds appropriated under this heading 

21 shall be available for the national homeless data analysis 

22 project and technical assistance: Provided further, That no 

23 less than $2,580,000 of the funds appropriated under this 

24 heading shall be transferred to the Working Capital Fund 

25 for the development of and modifications to information 
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1 technology systems which serve programs or activities 

2 under ‘‘Community planning and development’’. 

3 HOUSING PROGRAMS

4 HOUSING FOR THE ELDERLY

5 (INCLUDING TRANSFER OF FUNDS)

6 For capital advances, including amendments to cap7 ital advance contracts, for housing for the elderly, as au8 thorized by section 202 of the Housing Act of 1959, as 

9 amended, and for project rental assistance for the elderly 

10 under section 202(c)(2) of such Act, including amend11 ments to contracts for such assistance and renewal of ex12 piring contracts for such assistance for up to a 1-year 

13 term, and for supportive services associated with the hous14 ing, $773,320,000, plus recaptures and cancelled commit15 ments, to remain available until September 30, 2006, of 

16 which amount $50,000,000 shall be for service coordina17 tors and the continuation of existing congregate service 

18 grants for residents of assisted housing projects, and of 

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

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

21 1701q–2) for conversion of eligible projects under such 

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

23 of the amount made available under this heading, 

24 $16,000,000 shall be available to the Secretary of Housing 

25 and Urban Development only for making competitive 

26 grants to private nonprofit organizations and consumer 
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1 cooperatives for covering costs of architectural and engi2 neering work, site control, and other planning relating to 

3 the development of supportive housing for the elderly that 

4 is eligible for assistance under section 202 of the Housing 

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

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

7 Capital Fund for the development of and modifications to 

8 information technology systems which serve programs or 

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

10 Administration’’: Provided further, That the Secretary 

11 may waive the provisions of section 202 governing the 

12 terms and conditions of project rental assistance, except 

13 that the initial contract term for such assistance shall not 

14 exceed 5 years in duration: Provided further, That all bal15 ances outstanding, as of September 30, 2003, for capital 

16 advances, including amendments to capital advances, for 

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

18 project rental assistance for housing for the elderly, as au19 thorized under section 202(c)(2) of such Act, including 

20 amendments to contracts shall be transferred to and 

21 merged with the amounts for those purposes under this 

22 heading. 

23 HOUSING FOR PERSONS WITH DISABILITIES

24 (INCLUDING TRANSFER OF FUNDS)

25 For capital advance contracts, for supportive housing 

26 for persons with disabilities, as authorized by section 811 
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1 of the Cranston-Gonzalez National Affordable Housing 

2 Act, for project rental assistance for supportive housing 

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

4 such Act, including amendments to contracts for such as5 sistance and renewal of expiring contracts for such assist6 ance for up to a 1-year term, and for supportive services 

7 associated with the housing for persons with disabilities 

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

9 tenant-based rental assistance contracts entered into pur10 suant to section 811 of such Act, $250,570,000, plus re11 captures and cancelled commitments to remain available 

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

13 $470,000 shall be transferred to the Working Capital 

14 Fund for the development of and modifications to informa15 tion technology systems which serve programs or activities 

16 under ‘‘Housing programs’’ or ‘‘Federal Housing Admin17 istration’’: Provided further, That of the amount provided 

18 under this heading, other than amounts for renewal of ex19 piring project-based or tenant-based rental assistance con20 tracts, the Secretary may designate up to 25 percent for 

21 tenant-based rental assistance, as authorized by section 

22 811 of such Act, (which assistance is five years in dura23 tion): Provided further, That the Secretary may waive the 

24 provisions of section 811 governing the terms and condi25 tions of project rental assistance and tenant-based assist-
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1 ance, except that the initial contract term for such assist2 ance shall not exceed five years in duration: Provided fur3 ther, That all balances outstanding, as of September 30, 

4 2003, for capital advances, including amendments to cap5 ital advances, for supportive housing for persons with dis6 abilities, as authorized by section 811, for project rental 

7 assistance for supportive housing for persons with disabil8 ities, as authorized under section 811(d)(2), including 

9 amendments to contracts for such assistance and renewal 

10 of expiring contracts for such assistance, and for sup11 portive services associated with the housing for persons 

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

13 be transferred to and merged with the amounts for these 

14 purposes under this heading. 

15 FLEXIBLE SUBSIDY FUND

16 (TRANSFER OF FUNDS)

17 From the Rental Housing Assistance Fund, all un18 committed balances of excess rental charges as of Sep19 tember 30, 2003, and any collections made during fiscal 

20 year 2004, shall be transferred to the Flexible Subsidy 

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

22 Housing Act, as amended. 

23 RENTAL HOUSING ASSISTANCE

24 (RESCISSION)

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

26 authority resulting from prepayment of mortgages sub-
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1 sidized under section 236 of the National Housing Act (12 

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

3 Provided, That the limitation otherwise applicable to the 

4 maximum payments that may be required in any fiscal 

5 year by all contracts entered into under section 236 is re6 duced in fiscal year 2004 by not more than $303,000,000 

7 in uncommitted balances of authorizations of contract au8 thority provided for this purpose in prior appropriations 

9 Acts. 

10 MANUFACTURED HOUSING FEES TRUST FUND

11 For necessary expenses as authorized by the National 

12 Manufactured Housing Construction and Safety Stand13 ards Act of 1974, as amended (42 U.S.C. 5401 et seq.), 

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

15 be derived from the Manufactured Housing Fees Trust 

16 Fund: Provided, That not to exceed the total amount ap17 propriated under this heading shall be available from the 

18 general fund of the Treasury to the extent necessary to 

19 incur obligations and make expenditures pending the re20 ceipt of collections to the Fund pursuant to section 620 

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

22 available under this heading from the general fund shall 

23 be reduced as such collections are received during fiscal 

24 year 2004 so as to result in a final fiscal year 2004 appro25 priation from the general fund estimated at not more than 

26 $0 and fees pursuant to such section 620 shall be modified 
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1 as necessary to ensure such a final fiscal year 2004 appro2 priation. 

3 FEDERAL HOUSING ADMINISTRATION

4 MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT

5 (INCLUDING TRANSFERS OF FUNDS)

6 During fiscal year 2004, commitments to guarantee 

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

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

9 principal of $185,000,000,000. 

10 During fiscal year 2004, obligations to make direct 

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

12 National Housing Act, as amended, shall not exceed 

13 $50,000,000: Provided, That the foregoing amount shall 

14 be for loans to nonprofit and governmental entities in con15 nection with sales of single family real properties owned 

16 by the Secretary and formerly insured under the Mutual 

17 Mortgage Insurance Fund. 

18 For administrative expenses necessary to carry out 

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

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

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

22 to exceed $4,000,000 shall be transferred to the appro23 priation for ‘‘Office of Inspector General’’. In addition, for 

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

25 no less than $20,744,000 shall be transferred to the Work26 ing Capital Fund for the development of and modifications 
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1 to information technology systems which serve programs 

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

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

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

5 or before April 1, 2004, an additional $1,400 for adminis6 trative contract expenses shall be available for each 

7 $1,000,000 in additional guaranteed loan commitments 

8 (including a pro rata amount for any amount below 

9 $1,000,000), but in no case shall funds made available by 

10 this proviso exceed $30,000,000. 

11 GENERAL AND SPECIAL RISK PROGRAM ACCOUNT

12 (INCLUDING TRANSFERS OF FUNDS)

13 For the cost of guaranteed loans, as authorized by 

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

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

16 guarantee modifications, as that term is defined in section 

17 502 of the Congressional Budget Act of 1974, as amend18 ed, $15,000,000, to remain available until expended: Pro19 vided, That these funds are available to subsidize total 

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

21 up to $25,000,000,000. 

22 Gross obligations for the principal amount of direct 

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

24 519(a) of the National Housing Act, shall not exceed 

25 $50,000,000, of which not to exceed $30,000,000 shall be 

26 for bridge financing in connection with the sale of multi-
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1 family real properties owned by the Secretary and for2 merly insured under such Act; and of which not to exceed 

3 $20,000,000 shall be for loans to nonprofit and govern4 mental entities in connection with the sale of single-family 

5 real properties owned by the Secretary and formerly in6 sured under such Act. 

7 In addition, for administrative expenses necessary to 

8 carry out the guaranteed and direct loan programs, 

9 $229,000,000, of which $209,000,000 shall be transferred 

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

11 which $20,000,000 shall be transferred to the appropria12 tion for ‘‘Office of Inspector General’’. 

13 In addition, for administrative contract expenses nec14 essary to carry out the guaranteed and direct loan pro15 grams, $93,780,000, of which no less than $16,946,000 

16 shall be transferred to the Working Capital Fund for the 

17 development of and modifications to information tech18 nology systems which serve programs or activities under 

19 ‘‘Housing programs’’ or ‘‘Federal Housing Administra20 tion’’: Provided, That to the extent guaranteed loan com21 mitments exceed $8,426,000,000 on or before April 1, 

22 2004, an additional $1,980 for administrative contract ex23 penses shall be available for each $1,000,000 in additional 

24 guaranteed loan commitments over $8,426,000,000 (in25 cluding a pro rata amount for any increment below 
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1 $1,000,000), but in no case shall funds made available by 

2 this proviso exceed $14,400,000. 

3 GOVERNMENT NATIONAL MORTGAGE ASSOCIATION

4 GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN

5 GUARANTEE PROGRAM ACCOUNT

6 (INCLUDING TRANSFER OF FUNDS)

7 New commitments to issue guarantees to carry out 

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

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

10 $200,000,000,000, to remain available until September 

11 30, 2005. 

12 For administrative expenses necessary to carry out 

13 the guaranteed mortgage-backed securities program, 

14 $10,695,000, to be derived from the GNMA guarantees 

15 of mortgage-backed securities guaranteed loan receipt ac16 count, of which not to exceed $10,695,000, shall be trans17 ferred to the appropriation for ‘‘Salaries and expenses’’. 

18 POLICY DEVELOPMENT AND RESEARCH

19 RESEARCH AND TECHNOLOGY

20 For contracts, grants, and necessary expenses of pro21 grams of research and studies relating to housing and 

22 urban problems, not otherwise provided for, as authorized 

23 by title V of the Housing and Urban Development Act 

24 of 1970, as amended (12 U.S.C. 1701z–1 et seq.), includ25 ing carrying out the functions of the Secretary under sec26 tion 1(a)(1)(i) of Reorganization Plan No. 2 of 1968, 
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1 $47,000,000, to remain available until September 30, 

2 2005: Provided, That of the total amount provided under 

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

4 Advancing Technology in Housing (PATH) Initiative. 

5 FAIR HOUSING AND EQUAL OPPORTUNITY

6 FAIR HOUSING ACTIVITIES

7 For contracts, grants, and other assistance, not oth8 erwise provided for, as authorized by title VIII of the Civil 

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

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

11 and Community Development Act of 1987, as amended, 

12 $46,000,000, to remain available until September 30, 

13 2005, of which $20,250,000 shall be to carry out activities 

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

15 made available under this heading shall be used to lobby 

16 the executive or legislative branches of the Federal Gov17 ernment in connection with a specific contract, grant or 

18 loan. 

19 OFFICE OF LEAD HAZARD CONTROL

20 LEAD HAZARD REDUCTION

21 For the Lead Hazard Reduction Program, as author22 ized by section 1011 of the Residential Lead-Based Paint 

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

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

25 shall be for the Healthy Homes Initiative, pursuant to sec-
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1 tions 501 and 502 of the Housing and Urban Develop2 ment Act of 1970 that shall include research, studies, test3 ing, and demonstration efforts, including education and 

4 outreach concerning lead-based paint poisoning and other 

5 housing-related diseases and hazards. 

6 MANAGEMENT AND ADMINISTRATION

7 SALARIES AND EXPENSES

8 (INCLUDING TRANSFER OF FUNDS)

9 For necessary administrative and non-administrative 

10 expenses of the Department of Housing and Urban Devel11 opment, not otherwise provided for, including purchase of 

12 uniforms, or allowances therefor, as authorized by 5 

13 U.S.C. 5901–5902; hire of passenger motor vehicles; serv14 ices as authorized by 5 U.S.C. 3109; and not to exceed 

15 $25,000 for official reception and representation expenses, 

16 $1,122,130,000, of which $564,000,000 shall be provided 

17 from the various funds of the Federal Housing Adminis18 tration, $10,695,000 shall be provided from funds of the 

19 Government National Mortgage Association, $150,000 

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

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

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

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

24 the ‘‘Native Hawaiian housing loan guarantee fund’’ ac25 count: Provided, That funds made available under this 

26 heading shall only be allocated in the manner specified in 
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1 the report accompanying this Act unless the Committees 

2 on Appropriations of both the House of Representatives 

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

4 plan or reprogramming: Provided further, That no official 

5 or employee of the Department shall be designated as an 

6 allotment holder unless the Office of the Chief Financial 

7 Officer (OCFO) has determined that such allotment hold8 er has implemented an adequate system of funds control 

9 and has received training in funds control procedures and 

10 directives: Provided further, That the Chief Financial Offi11 cer shall establish positive control of and maintain ade12 quate systems of accounting for appropriations and other 

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

14 further, That for purposes of funds control and deter15 mining whether a violation exists under the Anti-Defi16 ciency Act (31 U.S.C. 1341 et seq.), the point of obligation 

17 shall be the executed agreement or contract, except with 

18 respect to insurance and guarantee programs, certain 

19 types of salaries and expenses funding, and incremental 

20 funding that is authorized under an executed agreement 

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

22 control plan: Provided further, That the Chief Financial 

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

24 investigations of potential or actual violations; (b) estab25 lish minimum training requirements and other qualifica-
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1 tions for personnel that may be appointed to conduct in2 vestigations; (c) establish guidelines and timeframes for 

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

4 the content, format and other requirements for the sub5 mission of final reports on violations; and (e) prescribe 

6 such additional policies and procedures as may be required 

7 for conducting investigations of, and administering, proc8 essing, and reporting on, potential and actual violations 

9 of the Anti-Deficiency Act and all other statutes and regu10 lations governing the obligation and expenditure of funds 

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

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

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

14 14 and GS–15 positions in the Department has been re15 duced from the number of GS–14 and GS–15 positions 

on the date of enactment of Public Law 106–377 by 21 16 ⁄2

17 percent: Provided further, That the Secretary shall submit 

18 a staffing plan for the Department by November 15, 2003. 

19 The tenth proviso under this heading in the Depart20 ments of Veterans Affairs and Housing and Urban Devel21 opment, and Independent Agencies Appropriations Act, 

22 2003, is amended by striking ‘‘the purpose of’’ and insert23 ing ‘‘purposes of funds control and’’ and before the colon 

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

25 guarantee programs, certain types of salaries and ex-
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1 penses funding, and incremental funding that is author2 ized under an executed agreement or contract’’. 

3 WORKING CAPITAL FUND

4 For additional capital for the Working Capital Fund 

5 (42 U.S.C. 3535) for the development of, modifications 

6 to, and infrastructure for Department-wide information 

7 technology systems, and for the continuing operation of 

8 both Department-wide and program-specific information 

9 systems, $240,000,000 (reduced by $150,000,000), to re10 main available until September 30, 2005: Provided, That 

11 any amounts transferred to this Fund under this Act shall 

12 remain available until expended. 

13 OFFICE OF INSPECTOR GENERAL

14 (INCLUDING TRANSFER OF FUNDS)

15 For necessary expenses of the Office of Inspector 

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

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

18 provided from the various funds of the Federal Housing 

19 Administration: Provided, That the Inspector General 

20 shall have independent authority over all personnel issues 

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

22 $300,000 shall be transferred to the Working Capital 

23 Fund for the development of and modifications to informa24 tion technology systems for the Office of Inspector Gen25 eral. 
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1 CONSOLIDATED FEE FUND

2 (RESCISSION)

3 All unobligated balances remaining available from 

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

5 Housing and Urban Development Act on October 1, 2003 

6 are rescinded. 

7 OFFICE OF FEDERAL HOUSING ENTERPRISE OVERSIGHT

8 SALARIES AND EXPENSES

9 (INCLUDING TRANSFER OF FUNDS)

10 For carrying out the Federal Housing Enterprises 

11 Financial Safety and Soundness Act of 1992, including 

12 not to exceed $500 for official reception and representa13 tion expenses, $32,415,000, to remain available until ex14 pended, to be derived from the Federal Housing Enter15 prises Oversight Fund: Provided, That not to exceed such 

16 amount shall be available from the general fund of the 

17 Treasury to the extent necessary to incur obligations and 

18 make expenditures pending the receipt of collections to the 

19 Fund: Provided further, That the general fund amount 

20 shall be reduced as collections are received during the fis21 cal year so as to result in a final appropriation from the 

22 general fund estimated at not more than $0. 

23 ADMINISTRATIVE PROVISIONS

24 SEC. 201. Fifty percent of the amounts of budget au25 thority, or in lieu thereof 50 percent of the cash amounts 

26 associated with such budget authority, that are recaptured 
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1 from projects described in section 1012(a) of the Stewart 

2 B. McKinney Homeless Assistance Amendments Act of 

3 1988 (42 U.S.C. 1437 note) shall be rescinded, or in the 

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

5 amounts of budget authority or cash recaptured and not 

6 rescinded or remitted to the Treasury shall be used by 

7 State housing finance agencies or local governments or 

8 local housing agencies with projects approved by the Sec9 retary of Housing and Urban Development for which set10 tlement occurred after January 1, 1992, in accordance 

11 with such section. Notwithstanding the previous sentence, 

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

13 authority or cash recaptured and not rescinded or remitted 

14 to the Treasury to provide project owners with incentives 

15 to refinance their project at a lower interest rate. 

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

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

18 or prosecute under the Fair Housing Act any otherwise 

19 lawful activity engaged in by one or more persons, includ20 ing the filing or maintaining of a non-frivolous legal ac21 tion, that is engaged in solely for the purpose of achieving 

22 or preventing action by a Government official or entity, 

23 or a court of competent jurisdiction. 

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

25 of the AIDS Housing Opportunity Act (42 U.S.C. 
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1 12903(c)(1)(A)), from any amounts made available under 

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

3 section, the Secretary of Housing and Urban Development 

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

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

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

7 under clause (ii) of such section; and 

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

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

10 areas in the State outside of the metropolitan statis11 tical areas that qualify under clause (i) in fiscal year 

12 2004 do not have the number of cases of acquired 

13 immunodeficiency syndrome (AIDS) required under 

14 such clause. 

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

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

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

18 that State that are outside of metropolitan statistical 

19 areas that qualify under clause (i) of such section 

20 854(c)(1)(A) in fiscal year 2004, in proportion to AIDS 

21 cases among cities and States that qualify under clauses 

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

23 under subsection (a). 

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

25 Veterans Affairs and Housing and Urban Development, 
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1 and Independent Agencies Appropriations Act, 2000, Pub2 lic Law 106–74 (113 Stat. 1076), is amended by striking 

3 ‘‘year 2000, and the amounts that would otherwise be allo4 cated for fiscal year 2001 and fiscal year 2002’’, and in5 serting ‘‘years 2000, 2001, 2002, 2003, and 2004’’. 

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

7 Secretary of Housing and Urban Development shall allo8 cate to Wake County, North Carolina, the amounts that 

9 otherwise would be allocated for fiscal year 2004 under 

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

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

12 on behalf of the Raleigh-Durham-Chapel Hill, North Caro13 lina Metropolitan Statistical Area. Any amounts allocated 

14 to Wake County shall be used to carry out eligible activi15 ties under section 855 of such Act (42 U.S.C. 12904) 

16 within such metropolitan statistical area. 

17 SEC. 205. (a) During fiscal year 2004, in the provi18 sion of rental assistance under section 8(o) of the United 

19 States Housing Act of 1937 (42 U.S.C. 1437f(o)) in con20 nection with a program to demonstrate the economy and 

21 effectiveness of providing such assistance for use in as22 sisted living facilities that is carried out in the counties 

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

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

25 of such section 8(o), a family residing in an assisted living 
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1 facility in any such county, on behalf of which a public 

2 housing agency provides assistance pursuant to section 

3 8(o)(18) of such Act, may be required, at the time the 

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

5 amount exceeding 40 percent of the monthly adjusted in6 come of the family by such a percentage or amount as 

7 the Secretary of Housing and Urban Development deter8 mines to be appropriate. 

9 (b) The counties specified in this subsection are Oak10 land County, Macomb County, Wayne County, and 

11 Washtenaw County, in the State of Michigan. 

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

13 grant, cooperative agreement or other assistance made 

14 pursuant to title II of this Act shall be made on a competi15 tive basis and in accordance with section 102 of the De16 partment of Housing and Urban Development Reform Act 

17 of 1989. 

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

19 Urban Development subject to the Government Corpora20 tion Control Act or section 402 of the Housing Act of 

21 1950 shall be available, without regard to the limitations 

22 on administrative expenses, for legal services on a contract 

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

24 services and facilities of the Federal National Mortgage 

25 Association, Government National Mortgage Association, 
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1 Federal Home Loan Mortgage Corporation, Federal Fi2 nancing Bank, Federal Reserve banks or any member 

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

4 within the meaning of the Federal Deposit Insurance Cor5 poration Act, as amended (12 U.S.C. 1811–1831). 

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

7 or through a reprogramming of funds, no part of any ap8 propriation for the Department of Housing and Urban 

9 Development shall be available for any program, project 

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

11 estimates submitted to Congress. 

12 SEC. 209. Corporations and agencies of the Depart13 ment of Housing and Urban Development which are sub14 ject to the Government Corporation Control Act, as 

15 amended, are hereby authorized to make such expendi16 tures, within the limits of funds and borrowing authority 

17 available to each such corporation or agency and in ac18 cordance with law, and to make such contracts and com19 mitments without regard to fiscal year limitations as pro20 vided by section 104 of such Act as may be necessary in 

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

22 for such corporation or agency except as hereinafter pro23 vided: Provided, That collections of these corporations and 

24 agencies may be used for new loan or mortgage purchase 

25 commitments only to the extent expressly provided for in 
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1 this Act (unless such loans are in support of other forms 

2 of assistance provided for in this or prior appropriations 

3 Acts), except that this proviso shall not apply to the mort4 gage insurance or guaranty operations of these corpora5 tions, or where loans or mortgage purchases are necessary 

6 to protect the financial interest of the United States Gov7 ernment. 

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

9 for technical assistance, training, or management improve10 ments may be obligated or expended unless HUD provides 

11 to the Committees on Appropriations a description of each 

12 proposed activity and a detailed budget estimate of the 

13 costs associated with each program, project or activity as 

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

15 HUD shall transmit this information to the Committees 

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

17 SEC. 211. A public housing agency or such other enti18 ty that administers Federal housing assistance in the 

19 states of Alaska, Iowa, and Mississippi shall not be re20 quired to include a resident of public housing or a recipi21 ent of assistance provided under section 8 of the United 

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

23 a similar governing board of such agency or entity as re24 quired under section (2)(b) of such Act. Each public hous25 ing agency or other entity that administers Federal hous-
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1 ing assistance under section 8 in the states of Alaska, 

2 Iowa and Mississippi shall establish an advisory board of 

3 not less than 6 residents of public housing or recipients 

4 of section 8 assistance to provide advice and comment to 

5 the public housing agency or other administering entity 

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

7 advisory board shall meet not less than quarterly. 

8 SEC. 212. The Secretary of Housing and Urban De9 velopment shall provide quarterly reports to the House 

10 and Senate Committees on Appropriations regarding all 

11 uncommitted, unobligated, recaptured and excess funds in 

12 each program and activity within the jurisdiction of the 

13 Department and shall submit additional, updated budget 

14 information to these Committees upon request. 

15 TITLE III—INDEPENDENT AGENCIES 

16 AMERICAN BATTLE MONUMENTS COMMISSION

17 SALARIES AND EXPENSES

18 For necessary expenses, not otherwise provided for, 

19 of the American Battle Monuments Commission, including 

20 the acquisition of land or interest in land in foreign coun21 tries; purchases and repair of uniforms for caretakers of 

22 national cemeteries and monuments outside of the United 

23 States and its territories and possessions; rent of office 

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

25 replacement only) and hire of passenger motor vehicles; 
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1 and insurance of official motor vehicles in foreign coun2 tries, when required by law of such countries, $47,276,000 

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

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

5 CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD

6 SALARIES AND EXPENSES

7 For necessary expenses in carrying out activities pur8 suant to section 112(r)(6) of the Clean Air Act, as amend9 ed, including hire of passenger vehicles, uniforms or allow10 ances therefore, as authorized by 5 U.S.C. 5901–5902, 

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

12 for individuals not to exceed the per diem equivalent to 

13 the maximum rate payable for senior level positions under 

14 5 U.S.C. 5376, $8,550,000: Provided, That the Chemical 

15 Safety and Hazard Investigation Board shall have not 

16 more than three career Senior Executive Service positions. 

17 EMERGENCY FUND

18 For necessary expenses of the Chemical Safety and 

19 Hazard Investigation Board for accident investigations 

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

21 until expended. 
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1 DEPARTMENT OF THE TREASURY

2 COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS

3 COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS

4 FUND PROGRAM ACCOUNT

5 To carry out the Community Development Banking 

6 and Financial Institutions Act of 1994, including services 

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

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

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

10 30, 2005, of which $3,000,000 shall be for financial assist11 ance, technical assistance, training and outreach programs 

12 designed to benefit Native American, Native Hawaiian, 

13 and Alaskan Native communities and provided primarily 

14 through qualified community development lender organi15 zations with experience and expertise in community devel16 opment banking and lending in Indian country, Native 

17 American organizations, tribes and tribal organizations 

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

19 be used for administrative expenses, including administra20 tion of the New Markets Tax Credit, up to $6,000,000 

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

22 $250,000 may be used for administrative expenses to 

23 carry out the direct loan program: Provided, That the cost 

24 of direct loans, including the cost of modifying such loans, 

25 shall be as defined in section 502 of the Congressional 
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1 Budget Act of 1974, as amended: Provided further, That 

2 these funds are available to subsidize gross obligations for 

3 the principal amount of direct loans not to exceed 

4 $11,000,000. 

5 CONSUMER PRODUCT SAFETY COMMISSION

6 SALARIES AND EXPENSES

7 For necessary expenses of the Consumer Product 

8 Safety Commission, including hire of passenger motor ve9 hicles, services as authorized by 5 U.S.C. 3109, but at 

10 rates for individuals not to exceed the per diem rate equiv11 alent to the maximum rate payable under 5 U.S.C. 5376, 

12 purchase of nominal awards to recognize non-Federal offi13 cials’ contributions to Commission activities, and not to 

14 exceed $500 for official reception and representation ex15 penses, $60,000,000: Provided, That up to $1,000,000 is 

16 for purposes of carrying out the Inspector General Act of 

17 1978. 

18 CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

19 NATIONAL AND COMMUNITY SERVICE PROGRAMS

20 OPERATING EXPENSES

21 For necessary expenses for the Corporation for Na22 tional and Community Service (the ‘‘Corporation’’) in car23 rying out programs, activities, and initiatives under the 

24 National and Community Service Act of 1990 (the ‘‘Act’’) 

25 (42 U.S.C. 12501 et seq.), $363,452,000, to remain avail-
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1 able until September 30, 2005: Provided, That not more 

2 than $30,500,000 shall be available for administrative ex3 penses authorized under section 501(a)(4): Provided fur4 ther, That not more than $2,500 shall be for official recep5 tion and representation expenses: Provided further, That 

6 $244,352,000 of the amount provided under this heading 

7 shall be available for grants under the National Service 

8 Trust program authorized under subtitle C of title I of 

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

10 including the AmeriCorps program), and for grants to or11 ganizations operating projects under the AmeriCorps Edu12 cation Awards Program (without regard to the require13 ments of sections 121(d) and (e), 131(e), 132, and 140(a), 

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

15 $50,000,000 may be used to administer, reimburse, or 

16 support any national service program authorized under 

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

18 Provided further, That to the maximum extent feasible, 

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

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

21 recommendations of peer review panels in order to ensure 

22 that priority is given to programs that demonstrate qual23 ity, innovation, replicability, and sustainability: Provided 

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

25 made available under this heading shall be for the Points 
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1 of Light Foundation for activities authorized under title 

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

3 more than $2,500,000 may be used to support an endow4 ment fund, the corpus of which shall remain intact and 

5 the interest income from which shall be used to support 

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

7 the Foundation may invest the corpus and income in fed8 erally insured bank savings accounts or comparable inter9 est bearing accounts, certificates of deposit, money market 

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

11 other market instruments and securities but not in real 

12 estate investments: Provided further, That no funds shall 

13 be available for national service programs run by Federal 

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

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

16 $24,000,000 of the funds made available under this head17 ing shall be available for the Civilian Community Corps 

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

19 12611 et seq.): Provided further, That not more than 

20 $40,000,000 shall be available for school-based and com21 munity-based service-learning programs authorized under 

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

23 Provided further, That not more than $6,100,000 shall be 

24 available for quality and innovation activities authorized 

25 under subtitle H of title I of the Act (42 U.S.C. 12853 
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HR 2861 PP 

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

2 of the funds made available under this heading shall be 

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

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

5 groups, and organizations to build and strengthen the 

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

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

8 for audits and other evaluations authorized under section 

9 179 of the Act (42 U.S.C. 12639). 

10 NATIONAL SERVICE TRUST

11 For payment of educational awards authorized under 

12 subtitle D of title I of the National Community Service 

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

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

15 available for national service scholarships for high school 

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

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

18 45: Provided, That the Corporation for National and Com19 munity Servcice shall enroll no more than 55,000 volun20 teers in the National Service Trust with the funds pro21 vided in this Act. 

22 OFFICE OF INSPECTOR GENERAL

23 For necessary expenses of the Office of Inspector 

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

25 as amended, $6,000,000, to remain available until Sep26 tember 30, 2005. 
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1 ADMINISTRATIVE PROVISIONS

2 Notwithstanding any other provision of law, the term 

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

4 education awards shall mean any loan determined by an 

5 institution of higher education to be necessary to cover 

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

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

8 State agency, in addition to other meanings under section 

9 148(b)(7) of the National and Community Service Act. 

10 Notwithstanding any other provision of law, funds 

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

12 and Community Service Act to assist entities in placing 

13 applicants who are individuals with disabilities may be 

14 provided to any entity that receives a grant under section 

15 121 of the Act. 

16 U.S. COURT OF APPEALS FOR VETERANS CLAIMS

17 SALARIES AND EXPENSES

18 For necessary expenses for the operation of the 

19 United States Court of Appeals for Veterans Claims as 

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

21 which $1,175,000 shall be available for the purpose of pro22 viding financial assistance as described, and in accordance 

23 with the process and reporting procedures set forth, under 

24 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’’.

21 That the following sums are appropriated, out of any 

22 money in the Treasury not otherwise appropriated, for the 

23 Departments of Veteran Affairs and Housing and Urban 

24 Development, and for sundry independent agencies, boards, 
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1 commissions, corporations, and offices for the fiscal year 

2 ending September 30, 2004, and for other purposes, namely: 

3 TITLE I—DEPARTMENT OF VETERANS AFFAIRS 

4 VETERANS BENEFITS ADMINISTRATION

5 COMPENSATION AND PENSIONS

6 (INCLUDING TRANSFER OF FUNDS)

7 For the payment of compensation benefits to or on be8 half of veterans and a pilot program for disability examina9 tions as authorized by law (38 U.S.C. 107, chapters 11, 13, 

10 18, 51, 53, 55, and 61); pension benefits to or on behalf 

11 of veterans as authorized by law (38 U.S.C. chapters 15, 

12 51, 53, 55, and 61; 92 Stat. 2508); and burial benefits, 

13 emergency and other officers’ retirement pay, adjusted-serv14 ice credits and certificates, payment of premiums due on 

15 commercial life insurance policies guaranteed under the 

16 provisions of article IV of the Soldiers’ and Sailors’ Civil 

17 Relief Act of 1940 (50 U.S.C. App. 540 et seq.) and for 

18 other benefits as authorized by law (38 U.S.C. 107, 1312, 

19 1977, and 2106, chapters 23, 51, 53, 55, and 61; 50 U.S.C. 

20 App. 540–548; 43 Stat. 122, 123; 45 Stat. 735; 76 Stat. 

21 1198), $29,845,127,000, to remain available until expended: 

22 Provided, That not to exceed $17,056,000 of the amount ap23 propriated under this heading shall be reimbursed to ‘‘Gen24 eral operating expenses’’ and ‘‘Medical care’’ for necessary 

25 expenses in implementing those provisions authorized in the 

26 Omnibus Budget Reconciliation Act of 1990, and in the 
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1 Veterans’ Benefits Act of 1992 (38 U.S.C. chapters 51, 53, 

2 and 55), the funding source for which is specifically pro3 vided as the ‘‘Compensation and pensions’’ appropriation: 

4 Provided further, That such sums as may be earned on an 

5 actual qualifying patient basis, shall be reimbursed to 

6 ‘‘Medical facilities revolving fund’’ to augment the funding 

7 of individual medical facilities for nursing home care pro8 vided to pensioners as authorized. 

9 READJUSTMENT BENEFITS

10 For the payment of readjustment and rehabilitation 

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

12 (38 U.S.C. chapters 21, 30, 31, 34, 35, 36, 39, 51, 53, 55, 

13 and 61), $2,529,734,000, to remain available until ex14 pended: Provided, That expenses for rehabilitation program 

15 services and assistance which the Secretary is authorized 

16 to provide under section 3104(a) of title 38, United States 

17 Code, other than under subsection (a)(1), (2), (5), and (11) 

18 of that section, shall be charged to this account. 

19 VETERANS INSURANCE AND INDEMNITIES

20 For military and naval insurance, national service life 

21 insurance, servicemen’s indemnities, service-disabled vet22 erans insurance, and veterans mortgage life insurance as 

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

24 487, $29,017,000, to remain available until expended. 
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1 VETERANS HOUSING BENEFIT PROGRAM FUND PROGRAM

2 ACCOUNT

3 (INCLUDING TRANSFER OF FUNDS)

4 For the cost of direct and guaranteed loans, such sums 

5 as may be necessary to carry out the program, as authorized 

6 by 38 U.S.C. chapter 37, as amended: Provided, That such 

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

8 as defined in section 502 of the Congressional Budget Act 

9 of 1974, as amended: Provided further, That during fiscal 

10 year 2004, within the resources available, not to exceed 

11 $300,000 in gross obligations for direct loans are authorized 

12 for specially adapted housing loans. 

13 In addition, for administrative expenses to carry out 

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

15 which may be transferred to and merged with the appro16 priation for ‘‘General operating expenses’’. 

17 EDUCATION LOAN FUND PROGRAM ACCOUNT

18 (INCLUDING TRANSFER OF FUNDS)

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

20 38 U.S.C. 3698, as amended: Provided, That such costs, in21 cluding the cost of modifying such loans, shall be as defined 

22 in section 502 of the Congressional Budget Act of 1974, as 

23 amended: Provided further, That these funds are available 

24 to subsidize gross obligations for the principal amount of 

25 direct loans not to exceed $3,400. 
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1 In addition, for administrative expenses necessary to 

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

3 transferred to and merged with the appropriation for ‘‘Gen4 eral operating expenses’’. 

5 VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT

6 (INCLUDING TRANSFER OF FUNDS)

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

8 38 U.S.C. chapter 31, as amended: Provided, That such 

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

10 as defined in section 502 of the Congressional Budget Act 

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

12 available under this heading are available to subsidize gross 

13 obligations for the principal amount of direct loans not to 

14 exceed $3,938,000: Provided further, That the loan level 

15 shall be considered an estimate and not a limitation. 

16 In addition, for administrative expenses necessary to 

17 carry out the direct loan program, $300,000, which may 

18 be transferred to and merged with the appropriation for 

19 ‘‘General operating expenses’’. 

20 NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM

21 ACCOUNT

22 (INCLUDING TRANSFER OF FUNDS)

23 For administrative expenses to carry out the direct 

24 loan program authorized by 38 U.S.C. chapter 37, sub25 chapter V, as amended, $571,000, which may be transferred 
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1 to and merged with the appropriation for ‘‘General oper2 ating expenses’’. 

3 GUARANTEED TRANSITIONAL HOUSING LOANS FOR

4 HOMELESS VETERANS PROGRAM ACCOUNT

5 For the administrative expenses to carry out the guar6 anteed transitional housing loan program authorized by 38 

7 U.S.C. chapter 37, subchapter VI, not to exceed $750,000 

8 of the amounts appropriated by this Act for ‘‘General oper9 ating expenses’’ and ‘‘Medical care’’ may be expended. 

10 VETERANS HEALTH ADMINISTRATION

11 MEDICAL CARE

12 (INCLUDING TRANSFER OF FUNDS)

13 For necessary expenses for the maintenance and oper14 ation of hospitals, nursing homes, and domiciliary facili15 ties; for furnishing, as authorized by law, inpatient and 

16 outpatient care and treatment to beneficiaries of the De17 partment of Veterans Affairs, including care and treatment 

18 in facilities not under the jurisdiction of the department; 

19 and furnishing recreational facilities, supplies, and equip20 ment; funeral, burial, and other expenses incidental thereto 

21 for beneficiaries receiving care in the department; adminis22 trative expenses in support of planning, design, project 

23 management, real property acquisition and disposition, 

24 construction and renovation of any facility under the juris25 diction or for the use of the department; oversight, engineer26 ing and architectural activities not charged to project cost; 
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1 repairing, altering, improving or providing facilities in the 

2 several hospitals and homes under the jurisdiction of the 

3 department, not otherwise provided for, either by contract 

4 or by the hire of temporary employees and purchase of ma5 terials; uniforms or allowances therefor, as authorized by 

6 5 U.S.C. 5901–5902; aid to State homes as authorized by 

7 38 U.S.C. 1741; administrative and legal expenses of the 

8 department for collecting and recovering amounts owed the 

9 department as authorized under 38 U.S.C. chapter 17, and 

10 the Federal Medical Care Recovery Act, 42 U.S.C. 2651 et 

11 seq., $25,488,080,000, plus reimbursements: Provided, That, 

12 notwithstanding any other provision of law, the Secretary 

13 of Veterans Affairs shall establish a priority for treatment 

14 for veterans who are service-connected disabled, lower in15 come, or have special needs: Provided further, That, not16 withstanding any other provision of law, the Secretary of 

17 Veterans Affairs shall give priority funding for the provi18 sion of basic medical benefits to veterans in enrollment pri19 ority groups 1 through 6: Provided further, That of the 

20 funds made available under this heading, $1,100,000,000 

21 is for equipment and land and structures object classifica22 tions only, which amount shall not become available for ob23 ligation until August 1, 2004, and shall remain available 

24 until September 30, 2005: Provided further, That of the 

25 funds made available under this heading, not to exceed 
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1 $1,100,000,000 shall be available until September 30, 2005: 

2 Provided further, That of the funds made available under 

3 this heading, the Secretary may transfer up to 

4 $400,000,000 to ‘‘Construction, major projects’’ for purposes 

5 of implementing CARES subject to a determination by the 

6 Secretary that such funds will improve access and quality 

7 of veteran’s health care needs: Provided further, That, not8 withstanding any other provision of law, the Secretary of 

9 Veterans Affairs may provide prescription drugs to enrolled 

10 veterans with privately written prescriptions based on re11 quirements established by the Secretary: Provided further, 

12 That the Secretary of Veterans Affairs shall conduct by con13 tract a program of recovery audits for the fee basis and 

14 other medical services contracts with respect to payments 

15 for hospital care; and, notwithstanding 31 U.S.C. 3302(b), 

16 amounts collected, by setoff or otherwise, as the result of 

17 such audits shall be available, without fiscal year limita18 tion, for the purposes for which funds are appropriated 

19 under this heading and the purposes of paying a contractor 

20 a percent of the amount collected as a result of an audit 

21 carried out by the contractor: Provided further, That all 

22 amounts so collected under the preceding proviso with re23 spect to a designated health care region (as that term is 

24 defined in 38 U.S.C. 1729A(d)(2)) shall be allocated, net 

25 of payments to the contractor, to that region: Provided fur-
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1 ther, That such sums as may be deposited to the Medical 

2 Care Collections Fund pursuant to 38 U.S.C. 1729A may 

3 be transferred to this account, to remain available until ex4 pended for the purposes of this account: Provided further, 

5 That Medical Care Collections Funds may be used for con6 struction, alteration and improvement of any parking facil7 ity set forth in 38 U.S.C. 8109: Provided further, That of 

8 the unobligated balances remaining from prior year recov9 eries under this heading, $270,000,000 is rescinded. 

10 For an additional amount for ‘‘Medical care’’, 

11 $1,300,000,000. 

12 MEDICAL AND PROSTHETIC RESEARCH

13 For necessary expenses in carrying out programs of 

14 medical and prosthetic research and development as author15 ized by 38 U.S.C. chapter 73, to remain available until 

16 September 30, 2005, $413,000,000 plus reimbursements. 

17 MEDICAL ADMINISTRATION AND MISCELLANEOUS

18 OPERATING EXPENSES

19 For necessary expenses in the administration of the 

20 medical, hospital, nursing home, domiciliary, construction, 

21 supply, and research activities, as authorized by law; ad22 ministrative expenses in support of capital policy activities, 

23 $79,146,000: Provided further, That of the funds made 

24 available under this heading, not to exceed, $4,000,000 shall 

25 be available until September 30, 2005, plus reimbursements: 

26 Provided further, That technical and consulting services of-
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1 fered by the Facilities Management Field Support Service, 

2 including project management and real property adminis3 tration (including leases, site acquisition and disposal ac4 tivities directly supporting projects), shall be provided to 

5 Department of Veterans Affairs components only on a reim6 bursable basis, and such amounts will remain available 

7 until September 30, 2004. 

8 DEPARTMENTAL ADMINISTRATION

9 GENERAL OPERATING EXPENSES

10 For necessary operating expenses of the Department of 

11 Veterans Affairs, not otherwise provided for, including ad12 ministrative expenses in support of department-wide cap13 ital planning, management and policy activities, uniforms 

14 or allowances therefor; not to exceed $25,000 for official re15 ception and representation expenses; hire of passenger 

16 motor vehicles; and reimbursement of the General Services 

17 Administration for security guard services, and the Depart18 ment of Defense for the cost of overseas employee mail, 

19 $1,283,272,000: Provided, That expenses for services and as20 sistance authorized under 38 U.S.C. 3104(a)(1), (2), (5), 

21 and (11) that the Secretary determines are necessary to en22 able entitled veterans: (1) to the maximum extent feasible, 

23 to become employable and to obtain and maintain suitable 

24 employment; or (2) to achieve maximum independence in 

25 daily living, shall be charged to this account: Provided fur-
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1 ther, That the Veterans Benefits Administration shall be 

2 funded at not less than $1,004,704,000: Provided further, 

3 That of the funds made available under this heading, not 

4 to exceed $64,000,000 shall be available for obligation until 

5 September 30, 2005: Provided further, That from the funds 

6 made available under this heading, the Veterans Benefits 

7 Administration may purchase up to two passenger motor 

8 vehicles for use in operations of that Administration in Ma9 nila, Philippines. 

10 NATIONAL CEMETERY ADMINISTRATION

11 For necessary expenses of the National Cemetery Ad12 ministration for operations and maintenance, not otherwise 

13 provided for, including uniforms or allowances therefor; 

14 cemeterial expenses as authorized by law; purchase of one 

15 passenger motor vehicle for use in cemeterial operations; 

16 and hire of passenger motor vehicles, $144,203,000: Pro17 vided, That of the funds made available under this heading, 

18 not to exceed $7,200,000 shall be available until September 

19 30, 2005. 

20 OFFICE OF INSPECTOR GENERAL

21 For necessary expenses of the Office of Inspector Gen22 eral in carrying out the provisions of the Inspector General 

23 Act of 1978, as amended, $62,250,000, to remain available 

24 until September 30, 2005. 
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1 CONSTRUCTION, MAJOR PROJECTS

2 For constructing, altering, extending and improving 

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

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

5 purposes set forth in sections 316, 2404, 2406, 8102, 8103, 

6 8106, 8108, 8109, 8110, and 8122 of title 38, United States 

7 Code, including planning, architectural and engineering 

8 services, maintenance or guarantee period services costs as9 sociated with equipment guarantees provided under the 

10 project, services of claims analysts, offsite utility and storm 

11 drainage system construction costs, and site acquisition, 

12 where the estimated cost of a project is more than the 

13 amount set forth in 38 U.S.C. 8104(a)(3)(A) or where funds 

14 for a project were made available in a previous major 

15 project appropriation, $272,690,000, to remain available 

16 until expended, of which $183,000,000 shall be for Capital 

17 Asset Realignment for Enhanced Services (CARES) activi18 ties; and of which $10,000,000 shall be to make reimburse19 ments as provided in 41 U.S.C. 612 for claims paid for 

20 contract disputes: Provided, That except for advance plan21 ning activities, including needs assessments which may or 

22 may not lead to capital investments, and other capital asset 

23 management related activities, such as portfolio develop24 ment and management activities, and investment strategy 

25 studies funded through the advance planning fund and the 
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1 planning and design activities funded through the design 

2 fund and CARES funds, including needs assessments which 

3 may or may not lead to capital investments, none of the 

4 funds appropriated under this heading shall be used for any 

5 project which has not been approved by the Congress in the 

6 budgetary process: Provided further, That funds provided 

7 in this appropriation for fiscal year 2004, for each ap8 proved project (except those for CARES activities referenced 

9 above) shall be obligated: (1) by the awarding of a construc10 tion documents contract by September 30, 2004; and (2) 

11 by the awarding of a construction contract by September 

12 30, 2005: Provided further, That the Secretary of Veterans 

13 Affairs shall promptly report in writing to the Committees 

14 on Appropriations any approved major construction project 

15 in which obligations are not incurred within the time limi16 tations established above: Provided further, That no funds 

17 from any other account except the ‘‘Parking revolving 

18 fund’’, may be obligated for constructing, altering, extend19 ing, or improving a project which was approved in the 

20 budget process and funded in this account until 1 year after 

21 substantial completion and beneficial occupancy by the De22 partment of Veterans Affairs of the project or any part 

23 thereof with respect to that part only. 

24 CONSTRUCTION, MINOR PROJECTS

25 For constructing, altering, extending, and improving 

26 any of the facilities under the jurisdiction or for the use 
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1 of the Department of Veterans Affairs, including planning 

2 and assessments of needs which may lead to capital invest3 ments, architectural and engineering services, maintenance 

4 or guarantee period services costs associated with equipment 

5 guarantees provided under the project, services of claims an6 alysts, offsite utility and storm drainage system construc7 tion costs, and site acquisition, or for any of the purposes 

8 set forth in sections 316, 2404, 2406, 8102, 8103, 8106, 

9 8108, 8109, 8110, 8122, and 8162 of title 38, United States 

10 Code, where the estimated cost of a project is equal to or 

11 less than the amount set forth in 38 U.S.C. 8104(a)(3)(A), 

12 $252,144,000, to remain available until expended, along 

13 with unobligated balances of previous ‘‘Construction, minor 

14 projects’’ appropriations which are hereby made available 

15 for any project where the estimated cost is equal to or less 

16 than the amount set forth in 38 U.S.C. 8104(a)(3)(A), of 

17 which $42,000,000 shall be for Capital Asset Realignment 

18 for Enhanced Services (CARES) activities: Provided, That 

19 from amounts appropriated under this heading, additional 

20 amounts may be used for CARES activities upon notifica21 tion of and approval by the Committees on Appropriations: 

22 Provided further, That funds in this account shall be avail23 able for: (1) repairs to any of the nonmedical facilities 

24 under the jurisdiction or for the use of the department 

25 which are necessary because of loss or damage caused by 
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1 any natural disaster or catastrophe; and (2) temporary 

2 measures necessary to prevent or to minimize further loss 

3 by such causes. 

4 GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE

5 FACILITIES

6 For grants to assist States to acquire or construct 

7 State nursing home and domiciliary facilities and to re8 model, modify or alter existing hospital, nursing home and 

9 domiciliary facilities in State homes, for furnishing care 

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

11 $102,100,000, to remain available until expended. 

12 GRANTS FOR THE CONSTRUCTION OF STATE VETERANS

13 CEMETERIES

14 For grants to aid States in establishing, expanding, 

15 or improving State veterans cemeteries as authorized by 38 

16 U.S.C. 2408, $32,000,000, to remain available until ex17 pended. 

18 ADMINISTRATIVE PROVISIONS

19 (INCLUDING TRANSFER OF FUNDS)

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

21 ‘‘Compensation and pensions’’, ‘‘Readjustment benefits’’, 

22 and ‘‘Veterans insurance and indemnities’’ may be trans23 ferred to any other of the mentioned appropriations. 

24 SEC. 102. Appropriations available to the Department 

25 of Veterans Affairs for fiscal year 2004 for salaries and ex-
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1 penses shall be available for services authorized by 5 U.S.C. 

2 3109. 

3 SEC. 103. No appropriations in this Act for the De4 partment of Veterans Affairs (except the appropriations for 

5 ‘‘Construction, major projects’’, ‘‘Construction, minor 

6 projects’’, and the ‘‘Parking revolving fund’’) shall be avail7 able for the purchase of any site for or toward the construc8 tion of any new hospital or home. 

9 SEC. 104. No appropriations in this Act for the De10 partment of Veterans Affairs shall be available for hos11 pitalization or examination of any persons (except bene12 ficiaries entitled under the laws bestowing such benefits to 

13 veterans, and persons receiving such treatment under 5 

14 U.S.C. 7901–7904 or 42 U.S.C. 5141–5204), unless reim15 bursement of cost is made to the ‘‘Medical care’’ account 

16 at such rates as may be fixed by the Secretary of Veterans 

17 Affairs. 

18 SEC. 105. Appropriations available to the Department 

19 of Veterans Affairs for fiscal year 2004 for ‘‘Compensation 

20 and pensions’’, ‘‘Readjustment benefits’’, and ‘‘Veterans in21 surance and indemnities’’ shall be available for payment 

22 of prior year accrued obligations required to be recorded 

23 by law against the corresponding prior year accounts with24 in the last quarter of fiscal year 2003. 
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1 SEC. 106. Appropriations accounts available to the De2 partment of Veterans Affairs for fiscal year 2004 shall be 

3 available to pay prior year obligations of corresponding 

4 prior year appropriations accounts resulting from title X 

5 of the Competitive Equality Banking Act, Public Law 100–

6 86, except that if such obligations are from trust fund ac7 counts they shall be payable from ‘‘Compensation and pen8 sions’’. 

9 SEC. 107. Notwithstanding any other provision of law, 

10 during fiscal year 2004, the Secretary of Veterans Affairs 

11 shall, from the National Service Life Insurance Fund (38 

12 U.S.C. 1920), the Veterans’ Special Life Insurance Fund 

13 (38 U.S.C. 1923), and the United States Government Life 

14 Insurance Fund (38 U.S.C. 1955), reimburse the ‘‘General 

15 operating expenses’’ account for the cost of administration 

16 of the insurance programs financed through those accounts: 

17 Provided, That reimbursement shall be made only from the 

18 surplus earnings accumulated in an insurance program in 

19 fiscal year 2004 that are available for dividends in that 

20 program after claims have been paid and actuarially deter21 mined reserves have been set aside: Provided further, That 

22 if the cost of administration of an insurance program ex23 ceeds the amount of surplus earnings accumulated in that 

24 program, reimbursement shall be made only to the extent 

25 of such surplus earnings: Provided further, That the Sec-
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1 retary shall determine the cost of administration for fiscal 

2 year 2004 which is properly allocable to the provision of 

3 each insurance program and to the provision of any total 

4 disability income insurance included in such insurance 

5 program. 

6 SEC. 108. Notwithstanding any other provision of law, 

7 the Department of Veterans Affairs shall continue the Fran8 chise Fund pilot program authorized to be established by 

9 section 403 of Public Law 103–356 until October 1, 2004: 

10 Provided, That the Franchise Fund, established by title I 

11 of Public Law 104–204 to finance the operations of the 

12 Franchise Fund pilot program, shall continue until October 

13 1, 2004. 

14 SEC. 109. Amounts deducted from enhanced-use lease 

15 proceeds to reimburse an account for expenses incurred by 

16 that account during a prior fiscal year for providing en17 hanced-use lease services, may be obligated during the fiscal 

18 year in which the proceeds are received. 

19 SEC. 110. Funds available in any Department of Vet20 erans Affairs appropriation for fiscal year 2004 or funds 

21 for salaries and other administrative expenses shall also be 

22 available to reimburse the Office of Resolution Management 

23 and the Office of Employment Discrimination Complaint 

24 Adjudication for all services provided at rates which will 

25 recover actual costs but not exceed $29,318,000 for the Office 
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1 of Resolution Management and $3,059,000 for the Office of 

2 Employment and Discrimination Complaint Adjudication: 

3 Provided, That payments may be made in advance for serv4 ices to be furnished based on estimated costs: Provided fur5 ther, That amounts received shall be credited to ‘‘General 

6 operating expenses’’ for use by the office that provided the 

7 service. 

8 SEC. 111. No appropriations in this Act for the De9 partment of Veterans Affairs shall be available to enter into 

10 any new lease of real property if the estimated annual rent11 al is more than $300,000 unless the Secretary submits a 

12 report which the Committees on Appropriations of the Con13 gress approve within 30 days following the date on which 

14 the report is received. 

15 SEC. 112. No appropriations in this Act for the De16 partment of Veterans Affairs shall be available for hos17 pitalization or treatment of any person by reason of eligi18 bility under section 1710(a)(3) of title 38, United States 

19 Code, unless that person has disclosed to the Secretary of 

20 Veterans Affairs, in such form as the Secretary may re21 quire—

22 (1) current, accurate third-party reimbursement 

23 information for purposes of section 1729 of such title; 

24 and 
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1 (2) annual income information for purposes of 

2 section 1722 of such title. 

3 SEC. 113. None of the funds in this Act may be used 

4 to implement sections 2 and 5 of Public Law 107–287. 

5 SEC. 114. Receipts that would otherwise be credited to 

6 the Veterans Extended Care Revolving Fund, the Medical 

7 Facilities Revolving Fund, the Special Therapeutic and Re8 habilitation Fund, the Nursing Home Revolving Fund, the 

9 Veterans Health Services Improvement Fund, and the Park10 ing Revolving Fund shall be deposited into the Medical Care 

11 Collections Fund, and shall be transferred to the Medical 

12 Care account, to remain available until expended, to carry 

13 out the purposes of the Medical Care account. 

14 SEC. 115. Notwithstanding any other provision of law, 

15 at the discretion of the Secretary of Veterans Affairs, pro16 ceeds or revenues derived from enhanced-use leasing activi17 ties (including disposal) that are deposited into the Medical 

18 Care Collections Fund may be transferred and merged with 

19 major construction and minor construction accounts and 

20 be used for construction (including site acquisition and dis21 position), alterations and improvements of any medical fa22 cility under the jurisdiction or for the use of the Depart23 ment of Veterans Affairs. Such sums as realized are in addi24 tion to the amount provided for in the Major and Minor 

25 Construction appropriations. 
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1 SEC. 116. Notwithstanding paragraph (2) of section 

2 8163(c) of title 38, United States Code, the Secretary of Vet3 erans Affairs may enter into an enhanced-use lease with 

4 the Medical University Hospital Authority, a public au5 thority of the State of South Carolina, for approximately 

6 0.48 acres of underutilized property at the Charleston De7 partment of Veterans Affairs Medical Center, Charleston, 

8 South Carolina, at any time after 30 days after the date 

9 of the submittal of the notice required by paragraph (1) 

10 of that section with respect to such property. The Secretary 

11 is not required to submit a report on the lease as otherwise 

12 required by paragraph (4) of that section. 

13 SEC. 117. Notwithstanding any other provision of law, 

14 the Secretary of Veterans Affairs shall make the North Chi15 cago VA Medical Center available to the Navy to the max16 imum extent feasible. The Secretary shall report to the Sen17 ate Appropriations Committee by June 30, 2004, regarding 

18 the progress in modifying North Chicago VA Medical Cen19 ter’s surgical suite and emergency and urgent care centers 

20 for use by veterans and Department of Defense beneficiaries. 

21 Further, the Secretary shall consider having the new joint 

22 VA/Navy ambulatory care center to serve both veterans and 

23 Department of Defense beneficiaries sited on or adjacent to 

24 the North Chicago VA Medical Center and shall consult 

25 with the Secretary of the Navy to select the site for the cen-
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1 ter. The Secretary of Veterans Affairs shall report to the 

2 Senate Appropriations Committee on the site selection by 

3 June 30, 2004. 

4 SEC. 118. (a) TREATMENT OF PIONEER HOMES IN

5 ALASKA AS STATE HOME FOR VETERANS.—The Secretary 

6 of Veterans Affairs may—

7 (1) treat the Pioneer Homes in the State of Alas8 ka collectively as a single State home for veterans for 

9 purposes of section 1741 of title 38, United States 

10 Code; and 

11 (2) make per diem payments to the State of 

12 Alaska for care provided to veterans in the Pioneer 

13 Homes in accordance with the provisions of that sec14 tion. 

15 (b) TREATMENT NOTWITHSTANDING NON-VETERAN

16 RESIDENCY.—The Secretary shall treat the Pioneer Homes 

17 as a State home under subsection (a) notwithstanding the 

18 residency of non-veterans in one or more of the Pioneer 

19 Homes. 

20 (c) PIONEER HOMES DEFINED.—In this section, the 

21 term ‘‘Pioneer Homes’’ means the six regional homes in the 

22 State of Alaska known as Pioneer Homes, which are located 

23 in the following: 

24 (1) Anchorage, Alaska. 

25 (2) Fairbanks, Alaska. 
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1 (3) Juneau, Alaska. 

2 (4) Ketchikan, Alaska. 

3 (5) Palmer, Alaska. 

4 (6) Sitka, Alaska. 

5 SEC. 119. (a) FINDINGS ON ACCESS TO PRIMARY

6 HEALTH CARE OF VETERANS IN RURAL AREAS.—The Sen7 ate makes the following findings: 

8 (1) The Secretary of Veterans Affairs has ap9 pointed a commission, called the Capital Asset Re10 alignment for Enhanced Services (CARES) Commis11 sion, and directed it to make specific recommenda12 tions regarding the realignment and allocation of 

13 capital assets necessary to meet the demand for vet14 erans health care services over the next 20 years. 

15 (2) The Department of Veterans Affairs accessi16 bility standard for primary health care provides that 

17 at least 70 percent of the veterans enrolled in each of 

18 the regional ‘‘markets’’ of the Department should live 

19 within a specified driving time of a Department pri20 mary care facility. That driving time is 30 minutes 

21 for veterans living in urban and rural areas and 60 

22 minutes for veterans living in highly rural areas. 

23 (3) The Draft National CARES Plan issued by 

24 the Under Secretary for Health would place veterans 

25 in 18 rural and highly rural regional markets outside 
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1 the Department accessibility standard for primary 

2 health care until at least fiscal year 2022, which 

3 means that thousands of veterans will have to con4 tinuing traveling up to 3–4 hours each way to visit 

5 a Department primary care facility. 

6 (4) The 18 rural and highly rural markets that 

7 will remain outside the Department accessibility 

8 standard for primary health care comprise all or 

9 parts of Arkansas, Idaho, Illinois, Indiana, Iowa, 

10 Kansas, Kentucky, Louisiana, Maine, Minnesota, 

11 Mississippi, Missouri, Montana, Nebraska, North 

12 Carolina, North Dakota, Ohio, Oklahoma, Oregon, 

13 South Dakota, Tennessee, Texas, Virginia, Wash14 ington, and West Virginia. 

15 (5) Health care facilities for veterans are dis16 proportionately needed in rural and highly rural 

17 areas because the residents of such areas are generally 

18 older, poorer, and sicker than their urban counter19 parts. 

20 (b) SENSE OF SENATE.—It is the sense of the Senate 

21 that—

22 (1) the CARES Commission should give as much 

23 attention to solving the special needs of veterans who 

24 live in rural areas as it does to providing for the 
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1 health care needs of veterans living in more highly 

2 populated areas; 

3 (2) the CARES Commission should reject the 

4 portions of the Draft National CARES Plan that 

5 would prevent any regional market of the Department 

6 from complying with the Department accessibility 

7 standard for primary health care, which provides that 

8 at least 70 percent of the veterans residing in each 

9 market be within specified driving times of a Depart10 ment primary care facility; and 

11 (3) the CARES Commission should recommend 

12 to the Secretary the investments and initiatives that 

13 are necessary to achieve the Department accessibility 

14 standard for primary health care in each of the rural 

15 and highly rural health care markets of the Depart16 ment. 

17 SEC. 120. Not later than 120 days after the date of 

18 the enactment of this Act, the Secretary of Veterans Affairs 

19 shall enter into an agreement with the Institute of Medicine 

20 of the National Academy of Sciences under which agreement 

21 the Institute of Medicine shall develop and evaluate epide22 miological studies on Vietnam veterans in accordance with 

23 the recommendations of the 2003 National Academy of 

24 Sciences report entitled ‘‘Characterizing Exposure of Vet-
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1 erans to Agent Orange and Other Herbicides Used in Viet2 nam: Interim Findings and Recommendations’’. 

3 SEC. 121. No funds appropriated or otherwise made 

4 available for the Department of Veterans Affairs by this Act 

5 or any other Act may be obligated or expended to implement 

6 the policy contained in the memorandum of the Department 

7 of Veterans Affairs dated July 18, 2002, from the Deputy 

8 Under Secretary for Health for Operations and Manage9 ment with the subject ‘‘Status of VHA Enrollment and As10 sociated Issues’’ or any other policy prohibiting the Direc11 tors of the Veterans Integrated Service Networks (VISNs) 

12 from conducting outreach or marketing to enroll new vet13 erans within their Networks. 

14 TITLE II—DEPARTMENT OF HOUSING AND 

15 URBAN DEVELOPMENT 

16 PUBLIC AND INDIAN HOUSING

17 HOUSING CERTIFICATE FUND

18 (INCLUDING TRANSFER AND RESCISSION OF FUNDS)

19 For activities and assistance under the United States 

20 Housing Act of 1937, as amended (42 U.S.C. 1437 et seq.) 

21 (‘‘the Act’’ herein), not otherwise provided for, 

22 $18,433,606,000, and amounts that are recaptured in this 

23 account, to remain available until expended: Provided, 

24 That of the amounts made available under this heading, 

25 $14,233,606,379 and the aforementioned recaptures shall be 

26 available on October 1, 2003 and $4,200,000,000 shall be 
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1 available on October 1, 2004: Provided further, That 

2 amounts made available under this heading are provided 

3 as follows: 

4 (1) $16,202,616,000 for expiring or terminating 

5 section 8 project-based subsidy contracts (including 

6 section 8 moderate rehabilitation contracts), for 

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

9 441 of the McKinney-Vento Homeless Assistance Act, 

10 for the 1-year renewal of section 8 contracts for units 

11 in projects that are subject to approved plans of ac12 tion under the Emergency Low Income Housing Pres13 ervation Act of 1987 or the Low-Income Housing 

14 Preservation and Resident Homeownership Act of 

15 1990, and for renewals of expiring section 8 tenant16 based annual contributions contracts (including 

17 amendments and renewals of enhanced vouchers 

18 under any provision of law authorizing such assist19 ance under section 8(t) of the Act (42 U.S.C. 

20 1437f(t))): Provided, That notwithstanding any other 

21 provision of law, the Secretary shall renew expiring 

22 section 8 tenant-based annual contributions contracts 

23 for each public housing agency (including for agencies 

24 participating in the Moving to Work demonstration, 

25 unit months representing section 8 tenant-based as-
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1 sistance funds committed by the public housing agen2 cy for specific purposes, other than reserves, that are 

3 authorized pursuant to any agreement and conditions 

4 entered into under such demonstration, and utilized 

5 in compliance with any applicable program obliga6 tion deadlines) based on the total number of unit 

7 months which were under lease as reported on the 

8 most recent end-of-year financial statement submitted 

9 by 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 regard13 ing the total number of unit months under lease at 

14 the time of renewal of the annual contributions con15 tract, and by applying an inflation factor based on 

16 local or regional factors to the actual per unit cost as 

17 reported: Provided further, That funds may be made 

18 available in this paragraph to support a total number 

19 of unit months under lease that exceeds a public hous20 ing agency’s authorized level of units under lease to 

21 the extent that the use of these funds is part of a 

22 strategy for a public housing agency to attain its au23 thorized level of units under contract: Provided fur24 ther, That when a public housing agency is over its 

25 authorized contract level, that public housing agency 
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1 may not issue another voucher (including turnover 

2 vouchers) until that public housing agency is at or 

3 below its authorized contract level for vouchers. 

4 (2) $461,329,000 for a central fund to be allo5 cated by the Secretary for the support of section 8 

6 subsidy contracts or amendments to such contracts, 

7 and for such other purposes as are set forth in this 

8 paragraph: Provided, That subject to the following 

9 proviso, the Secretary shall use amounts in such fund, 

10 as necessary, for contract amendments to maintain 

11 the total number of unit months under lease (up to 

12 the authorized level) including turnover and 

13 reissuance of authorized vouchers, and for contract 

14 amendments resulting from a significant increase in 

15 per-unit costs, or otherwise provide funds so that pub16 lic housing agencies may lease units up to their au17 thorized unit level: Provided further, That the Sec18 retary may use up to $36,000,000 in such funds for 

19 incremental vouchers under section 8 of the Act to be 

20 used for non-elderly disabled families affected by the 

21 designation of a public housing development under 

22 section 7 of the Act, the establishment of preferences 

23 in accordance with section 651 of the Housing and 

24 Community Development Act of 1992 (42 U.S.C. 

25 13611), or the restriction of occupancy to elderly fam-
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1 ilies in accordance with section 658 of such Act (42 

2 U.S.C. 13618): Provided further, That the Secretary 

3 may only allocate the incremental vouchers under the 

4 previous proviso upon a determination that there are 

5 adequate funds under this heading to fund all voucher 

6 needs in this fiscal year: Provided further, That if a 

7 public housing agency, at any point in time during 

8 their fiscal year, has obligated the amounts made 

9 available to such agency pursuant to paragraph (1) 

10 under this heading for the renewal of expiring section 

11 8 tenant-based annual contributions contracts, and if 

12 such agency has expended 50 percent of the amounts 

13 available to such agency in its annual contributions 

14 contract reserve account, the Secretary shall make 

15 available such amounts as are necessary from 

16 amounts available from such central fund to fund 

17 amendments under the preceding proviso within 30 

18 days of a request from such agency: Provided further, 

19 That none of the funds made available in this para20 graph may be used to support a total number of unit 

21 months under lease which exceeds a public housing 

22 agency’s authorized level of units under contract: Pro23 vided further, That the Secretary shall provide quar24 terly reports to the Committees on Appropriations of 
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1 the House and the Senate on the obligation of funds 

2 provided in this paragraph; 

3 (3) $252,203,000 for section 8 rental assistance 

4 for relocation and replacement of housing units that 

5 are demolished or disposed of pursuant to the Omni6 bus Consolidated Rescissions and Appropriations Act 

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

8 23 projects to assistance under section 8, the family 

9 unification program under section 8(x) of the Act, re10 location of witnesses in connection with efforts to 

11 combat crime in public and assisted housing pursu12 ant to a request from a law enforcement or prosecu13 tion agency, enhanced vouchers under any provision 

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

15 of the Act (42 U.S.C.1437f(t)), and tenant protection 

16 assistance, including replacement and relocation as17 sistance; 

18 (4) $72,000,000 for family self-sufficiency coordi19 nators under section 23 of the Act; 

20 (5) not to exceed $1,339,448,400 for administra21 tive and other expenses of public housing agencies in 

22 administering the section 8 tenant-based rental assist23 ance program: Provided, That the fee otherwise au24 thorized under section 8(q) of the Act shall be deter25 mined in accordance with section 8(q), as in effect 
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1 immediately before the enactment of the Quality 

2 Housing and Work Responsibility Act of 1998; 

3 (6) $100,000,000 for contract administrators for 

4 section 8 project-based assistance; 

5 (7) not less than $3,010,000 shall be transferred 

6 to the Working Capital Fund for the development of 

7 and modifications to information technology systems 

8 which serve activities under ‘‘Public and Indian 

9 Housing’’; and 

10 (8) up to $3,000,000 for an outside audit by a 

11 major accounting firm to assess the current status of 

12 all funds within this account, including the amounts 

13 of obligated and unobligated funds for all programs 

14 funded under this heading for fiscal year 2004 as well 

15 as the availability of funds currently appropriated 

16 under this heading for fiscal years 2005 and there17 after. 

18 The Secretary may transfer up to 15 percent of funds 

19 provided under paragraphs (1), (2), (3) or (5), herein to 

20 paragraphs (1), (2), (3) or (5), if the Secretary determines 

21 that such action is necessary because the funding provided 

22 under one such paragraph otherwise would be depleted and 

23 as a result, the maximum utilization of section 8 tenant24 based assistance with the funds appropriated for this pur25 pose by this Act would not be feasible: Provided, That prior 
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1 to undertaking the transfer of funds in excess of 10 percent 

2 from any paragraph pursuant to the previous proviso, the 

3 Secretary shall notify the Chairman and Ranking Member 

4 of the Subcommittees on Veterans Affairs and Housing and 

5 Urban Development, and Independent Agencies of the Com6 mittees on Appropriations of the House of Representatives 

7 and the Senate and shall not transfer any such funds until 

8 30 days after such notification: Provided further, That, 

9 hereafter, the Secretary shall require public housing agen10 cies to submit accounting data for funds disbursed under 

11 this heading in this Act and prior Acts by source and pur12 pose of such funds: Provided further, That incremental 

13 vouchers previously made available under this heading for 

14 non-elderly disabled families shall, to the extent practicable, 

15 continue to be provided to non-elderly disabled families 

16 upon turnover: Provided further, That $1,372,000,000 is re17 scinded from unobligated balances remaining from funds 

18 appropriated to the Department of Housing and Urban De19 velopment under this heading or the heading ‘‘Annual con20 tributions for assisted housing’’ or any other heading for 

21 fiscal year 2003 and prior years, to be effected by the Sec22 retary no later than September 30, 2004: Provided further, 

23 That any such balances governed by reallocation provisions 

24 under the statute authorizing the program for which the 

25 funds were originally appropriated shall be available for 
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1 the rescission: Provided further, That any obligated bal2 ances of contract authority from fiscal year 1974 and prior 

3 that have been terminated shall be cancelled. 

4 PUBLIC HOUSING CAPITAL FUND

5 (INCLUDING TRANSFER OF FUNDS)

6 For the Public Housing Capital Fund Program to 

7 carry out capital and management activities for public 

8 housing agencies, as authorized under section 9 of the 

9 United States Housing Act of 1937, as amended (42 U.S.C. 

10 1437g), $2,641,000,000 (the ‘‘Act’’), to remain available 

11 until September 30, 2007: Provided, That of the total 

12 amount provided under this heading, in addition to 

13 amounts otherwise allocated under this heading, 

14 $400,000,000 shall be allocated for such capital and man15 agement activities only among public housing agencies that 

16 have obligated all assistance for the agency for fiscal years 

17 2001 and 2002 made available under this same heading in 

18 accordance with the requirements under paragraphs (1) 

19 and (2) of section 9(j) of such Act: Provided further, That 

20 notwithstanding any other provision of law or regulation, 

21 during fiscal year 2004, the Secretary may not delegate to 

22 any Department official other than the Deputy Secretary 

23 any authority under paragraph (2) of such section 9(j) re24 garding the extension of the time periods under such section 

25 for obligation of amounts made available for fiscal years 

26 1998, 1999, 2000, 2001, 2002, 2003, or 2004: Provided fur-
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1 ther, That with respect to any amounts made available 

2 under the Public Housing Capital Fund for fiscal years 

3 1999, 2000, 2001, 2002, 2003, or 2004 that remain unobli4 gated in violation of paragraph (1) of such section 9(j) or 

5 unexpended in violation of paragraph (5)(A) of such section 

6 9(j), the Secretary shall recapture any such amounts and 

7 reallocate such amounts among public housing agencies de8 termined under 6(j) of the Act to be high-performing: Pro9 vided further, That for purposes of this heading, the term 

10 ‘‘obligate’’ means, with respect to amounts, that the 

11 amounts are subject to a binding agreement that will result 

12 in outlays immediately or in the future: Provided further, 

13 That of the total amount provided under this heading, up 

14 to $50,000,000 shall be for carrying out activities under sec15 tion 9(h) of such Act, of which up to $13,000,000 shall be 

16 for the provision of remediation services to public housing 

17 agencies identified as ‘‘troubled’’ under the Section 8 Man18 agement Assessment Program and for surveys used to cal19 culate local Fair Market Rents and assess housing condi20 tions in connection with rental assistance under section 8 

21 of the Act: Provided further, That of the total amount pro22 vided under this heading, up to $500,000 shall be for lease 

23 adjustments to section 23 projects, and no less than 

24 $10,610,000 shall be transferred to the Working Capital 

25 Fund for the development of and modifications to informa-
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1 tion technology systems which serve programs or activities 

2 under ‘‘Public and Indian housing’’: Provided further, That 

3 no funds may be used under this heading for the purposes 

4 specified in section 9(k) of the United States Housing Act 

5 of 1937, as amended: Provided further, That of the total 

6 amount provided under this heading, up to $40,000,000 

7 shall be available for the Secretary of Housing and Urban 

8 Development to make grants to public housing agencies for 

9 emergency capital needs resulting from emergencies and 

10 natural disasters in fiscal year 2003: Provided further, 

11 That of the total amount provided under this heading, 

12 $15,000,000 shall be for Neighborhood Networks grants for 

13 activities authorized in section 9(d)(1)(E) of the United 

14 States Housing Act of 1937, as amended: Provided further, 

15 That notwithstanding any other provision of law, amounts 

16 made available in the previous proviso shall be awarded 

17 to public housing agencies on a competitive basis as pro18 vided in section 102 of the Department of Housing and 

19 Urban Development Reform Act of 1989: Provided further, 

20 That of the total amount provided under this heading, 

21 $55,000,000 shall be for supportive services, service coordi22 nators and congregate services as authorized by section 34 

23 of the Act and the Native American Housing Assistance and 

24 Self-Determination Act of 1996: Provided further, That of 

25 the total amount provided under this heading, up to 
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1 $125,000,000 shall be for grants and credit subsidy to sup2 port a loan guarantee and loan program for the develop3 ment of public housing units in mixed income housing de4 velopments: Provided further, That the first proviso under 

5 this heading in the Departments of Veterans Affairs and 

6 Housing and Urban Development, and Independent Agen7 cies Appropriations Act, 2003 is amended by striking 

8 ‘‘1998, 1999’’. 

9 PUBLIC HOUSING OPERATING FUND

10 For payments to public housing agencies for the oper11 ation and management of public housing, as authorized by 

12 section 9(e) of the United States Housing Act of 1937, as 

13 amended (42 U.S.C. 1437g(e)), $3,576,600,000: Provided, 

14 That of the total amount provided under this heading, 

15 $10,000,000 shall be for programs, as determined appro16 priate by the Attorney General, which assist in the inves17 tigation, prosecution, and prevention of violent crimes and 

18 drug offenses in public and federally-assisted low-income 

19 housing, including Indian housing, which shall be adminis20 tered by the Department of Justice through a reimbursable 

21 agreement with the Department of Housing and Urban De22 velopment: Provided further, That, in fiscal year 2004 and 

23 all fiscal years hereafter, no amounts under this heading 

24 in any appropriations Act may be used for payments to 

25 public housing agencies for the costs of operation and man26 agement of public housing for any year prior to the current 
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1 year of such Act: Provided further, That no funds may be 

2 used under this heading for the purposes specified in section 

3 9(k) of the United States Housing Act of 1937, as amended. 

4 REVITALIZATION OF SEVERELY DISTRESSED PUBLIC

5 HOUSING (HOPE VI)

6 For grants to public housing agencies for demolition, 

7 site revitalization, replacement housing, and tenant-based 

8 assistance grants to projects as authorized by section 24 of 

9 the United States Housing Act of 1937, as amended (‘‘such 

10 Act’’), $195,115,000, to remain available until expended: 

11 Provided, That the Secretary may recapture funds from 

12 grants previously awarded under this heading in fiscal year 

13 1997 and prior fiscal years for use in making grants in 

14 fiscal year 2004 as authorized under section 24 of such Act: 

15 Provided further, That the Secretary may only recapture 

16 grants under the previous proviso where the Secretary deter17 mines that a project is less than 90 percent complete and 

18 that the project is unlikely to be completed successfully with19 in the next 2 fiscal years: Provided further, That the Sec20 retary shall not recapture funds from any HOPE VI project 

21 that has unobligated funds due to litigation or a court or22 dered consent decree: Provided further, That the Secretary 

23 shall establish an alternative housing plan to meet tenant 

24 needs where the Secretary is recapturing HOPE VI funds 

25 from a public housing agency with a failed HOPE VI 

26 project and the Secretary may recapture only the amount 
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1 of funds which are not necessary to meet the requirements 

2 of the alternative housing plan: Provided further, That the 

3 Secretary shall report to the Congress by December 15, 2003 

4 on the status of all HOPE VI projects that are unlikely 

5 to be completed according to program requirements: Pro6 vided further, That the Secretary shall report to the Con7 gress on any decision to recapture funds from a HOPE VI 

8 project, including the justification for the decision and the 

9 provisions of the alternative housing plan: Provided further, 

10 That the Secretary may use up to $3,000,000 of the funds 

11 made available under this heading for technical assistance 

12 and contract expertise, to be provided directly or indirectly 

13 by grants, contracts or cooperative agreements, including 

14 training and cost of necessary travel for participants in 

15 such training, by or to officials and employees of the depart16 ment and of public housing agencies and to residents: Pro17 vided further, That none of such funds shall be used directly 

18 or indirectly by granting competitive advantage in awards 

19 to settle litigation or pay judgments, unless expressly per20 mitted herein. 

21 NATIVE AMERICAN HOUSING BLOCK GRANTS

22 (INCLUDING TRANSFERS OF FUNDS)

23 For the Native American Housing Block Grants pro24 gram, as authorized under title I of the Native American 

25 Housing Assistance and Self-Determination Act of 1996 

26 (NAHASDA) (25 U.S.C. 4111 et seq.), $646,600,000, to re-
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1 main available until expended, of which $2,200,000 shall 

2 be contracted through the Secretary as technical assistance 

3 and capacity building to be used by the National American 

4 Indian Housing Council in support of the implementation 

5 of NAHASDA; of which $4,000,000 shall be to support the 

6 inspection of Indian housing units, contract expertise, 

7 training, and technical assistance in the training, over8 sight, and management of Indian housing and tenant-based 

9 assistance, including up to $300,000 for related travel; and 

10 of which no less than $2,720,000 shall be transferred to the 

11 Working Capital Fund for development of and modifica12 tions to information technology systems which serve pro13 grams or activities under ‘‘Public and Indian housing’’: 

14 Provided, That of the amount provided under this heading, 

15 $2,000,000 shall be made available for the cost of guaran16 teed notes and other obligations, as authorized by title VI 

17 of NAHASDA: Provided further, That such costs, including 

18 the costs of modifying such notes and other obligations, shall 

19 be as defined in section 502 of the Congressional Budget 

20 Act of 1974, as amended: Provided further, That these funds 

21 are available to subsidize the total principal amount of any 

22 notes and other obligations, any part of which is to be guar23 anteed, not to exceed $16,658,000: Provided further, That 

24 for administrative expenses to carry out the guaranteed 

25 loan program, up to $150,000 from amounts in the first 
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1 proviso, which shall be transferred to and merged with the 

2 appropriation for ‘‘Salaries and expenses’’, to be used only 

3 for the administrative costs of these guarantees. 

4 INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM

5 ACCOUNT

6 (INCLUDING TRANSFER OF FUNDS)

7 For the cost of guaranteed loans, as authorized by sec8 tion 184 of the Housing and Community Development Act 

9 of 1992 (12 U.S.C. 1715z–13a), $5,300,000, to remain 

10 available until expended: Provided, That such costs, includ11 ing the costs of modifying such loans, shall be as defined 

12 in section 502 of the Congressional Budget Act of 1974, as 

13 amended: Provided further, That these funds are available 

14 to subsidize total loan principal, any part of which is to 

15 be guaranteed, not to exceed $197,243,000. 

16 In addition, for administrative expenses to carry out 

17 the guaranteed loan program, up to $250,000 from amounts 

18 in the first paragraph, which shall be transferred to and 

19 merged with the appropriation for ‘‘Salaries and expenses’’, 

20 to be used only for the administrative costs of these guaran21 tees. 

22 NATIVE HAWAIIAN HOUSING LOAN GUARANTEE FUND

23 PROGRAM ACCOUNT

24 (INCLUDING TRANSFER OF FUNDS)

25 For the cost of guaranteed loans, as authorized by sec26 tion 184A of the Housing and Community Development Act 
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1 of 1992 (12 U.S.C. 1715z–13b), $1,035,000, to remain 

2 available until expended: Provided, That such costs, includ3 ing the costs of modifying such loans, shall be as defined 

4 in section 502 of the Congressional Budget Act of 1974, as 

5 amended: Provided further, That these funds are available 

6 to subsidize total loan principal, any part of which is to 

7 be guaranteed, not to exceed $39,712,000. 

8 In addition, for administrative expenses to carry out 

9 the guaranteed loan program, up to $35,000 from amounts 

10 in the first paragraph, which shall be transferred to and 

11 merged with the appropriation for ‘‘Salaries and expenses’’, 

12 to be used only for the administrative costs of these guaran13 tees. 

14 COMMUNITY PLANNING AND DEVELOPMENT

15 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS

16 For carrying out the Housing Opportunities for Per17 sons with AIDS program, as authorized by the AIDS Hous18 ing Opportunity Act (42 U.S.C. 12901 et seq.), 

19 $291,000,000, to remain available until September 30, 

20 2005: Provided, That the Secretary shall renew all expiring 

21 contracts for permanent supportive housing that were fund22 ed under section 854(c)(3) of such Act that meet all pro23 gram requirements before awarding funds for new contracts 

24 and activities authorized under this section: Provided fur25 ther, That the formula funds made available under this 
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1 heading for fiscal year 2004 shall be awarded to eligible 

2 grantees under the same rules and requirements as were in 

3 effect for fiscal year 2003: Provided further, That the Sec4 retary may use up to $3,000,000 of the funds under this 

5 heading for training, oversight, and technical assistance ac6 tivities. 

7 RURAL HOUSING AND ECONOMIC DEVELOPMENT

8 For the Office of Rural Housing and Economic Devel9 opment in the Department of Housing and Urban Develop10 ment, $25,000,000 to remain available until expended, 

11 which amount shall be awarded by June 1, 2004, to Indian 

12 tribes, State housing finance agencies, State community 

13 and/or economic development agencies, local rural non14 profits and community development corporations to sup15 port innovative housing and economic development activi16 ties in rural areas: Provided, That all grants shall be 

17 awarded on a competitive basis as specified in section 102 

18 of the Department of Housing and Urban Development Re19 form Act of 1989. 

20 COMMUNITY DEVELOPMENT FUND

21 (INCLUDING TRANSFERS OF FUNDS)

22 For assistance to units of State and local government, 

23 and to other entities, for economic and community develop24 ment activities, and for other purposes, $4,950,000,000, to 

25 remain available until September 30, 2006: Provided, That 

26 of the amount provided, $4,545,700,000 is for carrying out 
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1 the community development block grant program under 

2 title I of the Housing and Community Development Act of 

3 1974, as amended (the ‘‘Act’’ herein) (42 U.S.C. 5301 et 

4 seq.): Provided further, That not to exceed 20 percent of any 

5 grant made with funds appropriated under this heading 

6 (other than a grant made available in this paragraph to 

7 the Housing Assistance Council or the National American 

8 Indian Housing Council, or a grant using funds under sec9 tion 107(b)(3) of the Act) shall be expended for ‘‘Planning 

10 and Management Development’’ and ‘‘Administration’’, as 

11 defined in regulations promulgated by the Department: 

12 Provided further, That $72,500,000 shall be for grants to 

13 Indian tribes notwithstanding section 106(a)(1) of such Act; 

14 $3,300,000 shall be for a grant to the Housing Assistance 

15 Council; $2,600,000 shall be for a grant to the National 

16 American Indian Housing Council; $52,500,000 shall be for 

17 grants pursuant to section 107 of the Act; no less than 

18 $4,900,000 shall be transferred to the Working Capital 

19 Fund for the development of and modification to informa20 tion technology systems which serve programs or activities 

21 under ‘‘Community planning and development’’; 

22 $12,000,000 shall be for grants pursuant to the Self Help 

23 Homeownership Opportunity Program; $35,500,000 shall 

24 be for capacity building, of which $31,500,000 shall be for 

25 Capacity Building for Community Development and Af-
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1 fordable Housing for LISC and the Enterprise Foundation 

2 for activities as authorized by section 4 of the HUD Dem3 onstration Act of 1993 (42 U.S.C. 9816 note), as in effect 

4 immediately before June 12, 1997, with not less than 

5 $5,000,000 of the funding to be used in rural areas, includ6 ing tribal areas, and of which $4,000,000 shall be for capac7 ity building activities administered by Habitat for Human8 ity International; $10,000,000 for the Native Hawaiian 

9 Housing Block Grant Program, as authorized under the Na10 tive American Housing Assistance and Self-Determination 

11 Act of 1996 (25 U.S.C. 4111 et seq.), of which $400,000 

12 shall be for training and technical assistance; $60,000,000 

13 shall be available for YouthBuild program activities author14 ized by subtitle D of title IV of the Cranston-Gonzalez Na15 tional Affordable Housing Act, as amended, and such ac16 tivities shall be an eligible activity with respect to any 

17 funds made available under this heading: Provided, That 

18 local YouthBuild programs that demonstrate an ability to 

19 leverage private and nonprofit funding shall be given a pri20 ority for YouthBuild funding: Provided further, That no 

21 more than 10 percent of any grant award under the 

22 YouthBuild program may be used for administrative costs: 

23 Provided further, That of the amount made available for 

24 YouthBuild not less than $10,000,000 is for grants to estab25 lish YouthBuild programs in underserved and rural areas 
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1 and $2,000,000 is to be made available for a grant to 

2 YouthBuild USA for capacity building for community de3 velopment and affordable housing activities as specified in 

4 section 4 of the HUD Demonstration Act of 1993, as 

5 amended. 

6 Of the amount made available under this heading, 

7 $21,000,000 shall be available for neighborhood initiatives 

8 that are utilized to improve the conditions of distressed and 

9 blighted areas and neighborhoods, to stimulate investment, 

10 economic diversification, and community revitalization in 

11 areas with population outmigration or a stagnating or de12 clining economic base, or to determine whether housing ben13 efits can be integrated more effectively with welfare reform 

14 initiatives: Provided, That these grants shall be provided 

15 in accordance with the terms and conditions specified in 

16 the report accompanying this Act. 

17 Of the amount made available under this heading, 

18 $140,000,000 shall be available for grants for the Economic 

19 Development Initiative (EDI) to finance a variety of tar20 geted economic investments in accordance with the terms 

21 and conditions specified in the report accompanying this 

22 Act. 

23 The referenced statement of the managers under this 

24 heading in title II of Division K of the Consolidated Appro25 priations Resolution, 2003 (Public Law 108–7; H. Rept. 
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1 108–10) is deemed to be amended with respect to item num2 ber 721 by striking ‘‘training’’ and inserting ‘‘creation, 

3 small business development and quality of life improve4 ments within the State of South Carolina’’. 

5 The referenced statement of the managers under this 

6 heading in title II of Division K of the Consolidated Appro7 priations Resolution, 2003 (Public Law 108–7; H. Rept. 

8 108–10) is deemed to be amended with respect to item num9 ber 317 by striking ‘‘135,000’’ and inserting ‘‘151,000’’. 

10 The referenced statement of the managers under this 

11 heading in title II of Division K of the Consolidated Appro12 priations Resolution, 2003 (Public Law 108–7; H. Rept. 

13 108–10) is deemed to be amended with respect to item num14 ber 324 by striking ‘‘225,000’’ and inserting ‘‘209,000’’. 

15 COMMUNITY DEVELOPMENT LOAN GUARANTEES PROGRAM

16 ACCOUNT

17 (INCLUDING TRANSFER OF FUNDS)

18 For the cost of guaranteed loans, $6,325,000, to remain 

19 available until September 30, 2005, as authorized by section 

20 108 of the Housing and Community Development Act of 

21 1974, as amended: Provided, That such costs, including the 

22 cost of modifying such loans, shall be as defined in section 

23 502 of the Congressional Budget Act of 1974, as amended: 

24 Provided further, That these funds are available to subsidize 

25 total loan principal, any part of which is to be guaranteed, 

26 not to exceed $275,000,000, notwithstanding any aggregate 
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1 limitation on outstanding obligations guaranteed in section 

2 108(k) of the Housing and Community Development Act 

3 of 1974, as amended. 

4 In addition, for administrative expenses to carry out 

5 the guaranteed loan program, $1,000,000 which shall be 

6 transferred to and merged with the appropriation for ‘‘Sal7 aries and expenses’’. 

8 BROWNFIELDS REDEVELOPMENT

9 For Economic Development Grants, as authorized by 

10 section 108(q) of the Housing and Community Development 

11 Act of 1974, as amended, for Brownfields redevelopment 

12 projects, $25,000,000, to remain available until September 

13 30, 2005: Provided, That the Secretary of Housing and 

14 Urban Development shall make these grants available on 

15 a competitive basis as specified in section 102 of the De16 partment of Housing and Urban Development Reform Act 

17 of 1989. 

18 HOME INVESTMENT PARTNERSHIPS PROGRAM

19 (INCLUDING TRANSFER OF FUNDS)

20 For the HOME investment partnerships program, as 

21 authorized under title II of the Cranston-Gonzalez National 

22 Affordable Housing Act, as amended, $1,925,000,000, to re23 main available until September 30, 2006: Provided, That 

24 of the total amount provided in this paragraph, up to 

25 $40,000,000 shall be available for housing counseling under 

26 section 106 of the Housing and Urban Development Act of 
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1 1968; and no less than $1,100,000 shall be transferred to 

2 the Working Capital Fund for the development of, mainte3 nance of, and modification to information technology sys4 tems which serve programs or activities under ‘‘Community 

5 planning and development’’. 

6 In addition to the amounts made available under this 

7 heading, $50,000,000, to remain available until September 

8 30, 2006, for assistance to homebuyers as authorized under 

9 title II of the Cranston-Gonzalez National Affordable Hous10 ing Act, as amended: Provided, That the Secretary shall 

11 provide such assistance in accordance with a formula devel12 oped through rulemaking. 

13 HOMELESS ASSISTANCE GRANTS

14 (INCLUDING TRANSFER OF FUNDS)

15 For the emergency shelter grants program as author16 ized under subtitle B of title IV of the McKinney-Vento 

17 Homeless Assistance Act, as amended; the supportive hous18 ing program as authorized under subtitle C of title IV of 

19 such Act; the section 8 moderate rehabilitation single room 

20 occupancy program as authorized under the United States 

21 Housing Act of 1937, as amended, to assist homeless indi22 viduals pursuant to section 441 of the McKinney-Vento 

23 Homeless Assistance Act; and the shelter plus care program 

24 as authorized under subtitle F of title IV of such Act, 

25 $1,325,000,000, to remain available until September 30, 

26 2006: Provided, That not less than 30 percent of funds made 
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1 available, excluding amounts provided for renewals under 

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

3 housing: Provided further, That all funds awarded for serv4 ices shall be matched by 25 percent in funding by each 

5 grantee: Provided further, That the Secretary shall renew 

6 on an annual basis expiring contracts or amendments to 

7 contracts funded under the shelter plus care program if the 

8 program is determined to be needed under the applicable 

9 continuum of care and meets appropriate program require10 ments and financial standards, as determined by the Sec11 retary: Provided further, That all awards of assistance 

12 under this heading shall be required to coordinate and inte13 grate homeless programs with other mainstream health, so14 cial services, and employment programs for which homeless 

15 populations may be eligible, including Medicaid, State 

16 Children’s Health Insurance Program, Temporary Assist17 ance for Needy Families, Food Stamps, and services fund18 ing through the Mental Health and Substance Abuse Block 

19 Grant, Workforce Investment Act, and the Welfare-to-Work 

20 grant program: Provided further, That $12,000,000 of the 

21 funds appropriated under this heading shall be available 

22 for the national homeless data analysis project and tech23 nical assistance: Provided further, That no less than 

24 $2,580,000 of the funds appropriated under this heading 

25 shall be transferred to the Working Capital Fund for the 
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1 development of and modifications to information technology 

2 systems which serve activities under ‘‘Community planning 

3 and development’’. 

4 URBAN DEVELOPMENT ACTION GRANTS

5 From balances of the Urban Development Action 

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

7 Community Development Act of 1974, as amended, 

8 $30,000,000 are cancelled. 

9 HOUSING PROGRAMS

10 HOUSING FOR SPECIAL POPULATIONS

11 (INCLUDING TRANSFER OF FUNDS)

12 For assistance for the purchase, construction, acquisi13 tion, or development of additional public and subsidized 

14 housing units for low income families not otherwise pro15 vided for, $1,033,801,000, to remain available until Sep16 tember 30, 2007: Provided, That $783,286,000, plus recap17 tures or cancelled commitments, shall be for capital ad18 vances, including amendments to capital advance contracts, 

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

20 the Housing Act of 1959, as amended, and for project rental 

21 assistance for the elderly under section 202(c)(2) of such 

22 Act, including amendments to contracts for such assistance 

23 and renewal of expiring contracts for such assistance for 

24 up to a 1-year term, and for supportive services associated 

25 with the housing, of which amount $50,000,000 shall be for 

26 service coordinators and the continuation of existing con-
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1 gregate service grants for residents of assisted housing 

2 projects, of which amount up to $30,000,000 shall be for 

3 grants under section 202b of the Housing Act of 1959 (12 

4 U.S.C. 1701q–2) for conversion of eligible projects under 

5 such section to assisted living or related use, including sub6 stantial capital repair, of which amount $25,000,000 shall 

7 be maintained by the Secretary as a revolving loan fund 

8 for use as gap financing to assist grantees in meeting all 

9 the initial cost requirements for developing projects under 

10 section 202 of such Act: Provided further, That of the 

11 amount under this heading, $250,515,000 shall be for cap12 ital advances, including amendments to capital advance 

13 contracts, for supportive housing for persons with disabil14 ities, as authorized by section 811 of the Cranston-Gonzalez 

15 National Affordable Housing Act, for project rental assist16 ance for supportive housing for persons with disabilities 

17 under section 811(d)(2) of such Act, including amendments 

18 to contracts for such assistance and renewal of expiring con19 tracts for such assistance for up to a 1-year term, and for 

20 supportive services associated with the housing for persons 

21 with disabilities as authorized by section 811(b)(1) of such 

22 Act, and for tenant-based rental assistance contracts entered 

23 into pursuant to section 811 of such Act: Provided further, 

24 That of the amount made available under this heading, 

25 $15,000,000 shall be available to the Secretary of Housing 
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1 and Urban Development only for making grants to private 

2 nonprofit organizations and consumer cooperatives for cov3 ering costs of architectural and engineering work, site con4 trol, and other planning relating to the development of sup5 portive housing for the elderly that is eligible for assistance 

6 under section 202 of the Housing Act of 1959 (12 U.S.C. 

7 1701q): Provided further, That amounts made available in 

8 the previous proviso shall be awarded on a competitive basis 

9 as provided in section 102 of the Department of Housing 

10 and Urban Development Reform Act of 1989: Provided fur11 ther, That no less than $940,000, to be divided evenly be12 tween the appropriations for the section 202 and section 

13 811 programs, shall be transferred to the Working Capital 

14 Fund for the development of and modifications to informa15 tion technology systems which serve activities under ‘‘Hous16 ing programs’’ or ‘‘Federal housing administration’’: Pro17 vided further, That, in addition to amounts made available 

18 for renewal of tenant-based rental assistance contracts pur19 suant to the second proviso of this paragraph, the Secretary 

20 may designate up to 25 percent of the amounts earmarked 

21 under this paragraph for section 811 of such Act for tenant22 based assistance, as authorized under that section, includ23 ing such authority as may be waived under the next pro24 viso, which assistance is 5 years in duration: Provided fur25 ther, That the Secretary may waive the provisions gov-
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1 erning the terms and conditions of project rental assistance 

2 and tenant-based rental assistance for such section 202 and 

3 such section 811, except that the initial contract term for 

4 such assistance shall not exceed 5 years in duration: Pro5 vided further, That all balances and recaptures, as of Octo6 ber 1, 2003, remaining in the ‘‘Congregate housing services’’ 

7 account as authorized by the Housing and Community De8 velopment Amendments of 1978, as amended, shall be trans9 ferred to and merged with the amounts for those purposes 

10 under this heading. 

11 FLEXIBLE SUBSIDY FUND

12 (TRANSFER OF FUNDS)

13 From the Rental Housing Assistance Fund, all uncom14 mitted balances of excess rental charges as of September 30, 

15 2003, and any collections made during fiscal year 2004 

16 (with the exception of amounts required to make refunds 

17 of excess income remittances as authorized by Public Law 

18 106–569), shall be transferred to the Flexible Subsidy Fund, 

19 as authorized by section 236(g) of the National Housing 

20 Act, as amended. 

21 RENTAL HOUSING ASSISTANCE

22 (RESCISSION)

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

24 authority resulting from prepayment of mortgages sub25 sidized under section 236 of the National Housing Act (12 

26 U.S.C. 1715z–1) shall be rescinded in fiscal year 2004: Pro-
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1 vided, That the limitation otherwise applicable to the max2 imum payments that may be required in any fiscal year 

3 by all contracts entered into under section 236 is reduced 

4 in fiscal year 2004 by not more than $303,000,000 in un5 committed balances of authorizations of contract authority 

6 provided for this purpose in appropriations Acts. 

7 MANUFACTURED HOUSING FEES TRUST FUND

8 For necessary expenses as authorized by the National 

9 Manufactured Housing Construction and Safety Standards 

10 Act of 1974, as amended (42 U.S.C. 5401 et seq.), 

11 $13,000,000, to remain available until expended, to be de12 rived from the Manufactured Housing Fees Trust Fund: 

13 Provided, That not to exceed the total amount appropriated 

14 under this heading shall be available from the general fund 

15 of the Treasury to the extent necessary to incur obligations 

16 and make expenditures pending the receipt of collections to 

17 the Fund pursuant to section 620 of such Act: Provided fur18 ther, That the amount made available under this heading 

19 from the general fund shall be reduced as such collections 

20 are received during fiscal year 2004 so as to result in a 

21 final fiscal year 2004 appropriation from the general fund 

22 estimated at not more than $0 and fees pursuant to such 

23 section 620 shall be modified as necessary to ensure such 

24 a final fiscal year 2004 appropriation. 
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1 FEDERAL HOUSING ADMINISTRATION

2 MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT

3 (INCLUDING TRANSFERS OF FUNDS)

4 During fiscal year 2004, commitments to guarantee 

5 loans to carry out the purposes of section 203(b) of the Na6 tional Housing Act, as amended, shall not exceed a loan 

7 principal of $185,000,000,000. 

8 During fiscal year 2004, obligations to make direct 

9 loans to carry out the purposes of section 204(g) of the Na10 tional Housing Act, as amended, shall not exceed 

11 $50,000,000: Provided, That the foregoing amount shall be 

12 for loans to nonprofit and governmental entities in connec13 tion with sales of single family real properties owned by 

14 the Secretary and formerly insured under the Mutual Mort15 gage Insurance Fund. 

16 For administrative expenses necessary to carry out the 

17 guaranteed and direct loan program, $359,000,000, of 

18 which not to exceed $355,000,000 shall be transferred to the 

19 appropriation for ‘‘Salaries and expenses’’; and not to ex20 ceed $4,000,000 shall be transferred to the appropriation 

21 for ‘‘Office of Inspector General’’. In addition, for adminis22 trative contract expenses, $85,000,000, of which no less than 

23 $20,744,000 shall be transferred to the Working Capital 

24 Fund for the development of and modifications to informa25 tion technology systems which serve programs or activities 

26 under ‘‘Housing programs’’ or ‘‘Federal housing adminis-
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1 tration’’: Provided, That to the extent guaranteed loan com2 mitments exceed $65,500,000,000 on or before April 1, 2004, 

3 an additional $1,400 for administrative contract expenses 

4 shall be available for each $1,000,000 in additional guaran5 teed loan commitments (including a pro rata amount for 

6 any amount below $1,000,000), but in no case shall funds 

7 made available by this proviso exceed $30,000,000. 

8 GENERAL AND SPECIAL RISK PROGRAM ACCOUNT

9 (INCLUDING TRANSFERS OF FUNDS)

10 For the cost of guaranteed loans, as authorized by sec11 tions 238 and 519 of the National Housing Act (12 U.S.C. 

12 1715z–3 and 1735c), including the cost of loan guarantee 

13 modifications, as that term is defined in section 502 of the 

14 Congressional Budget Act of 1974, as amended, 

15 $15,000,000, to remain available until expended: Provided, 

16 That these funds are available to subsidize total loan prin17 cipal, any part of which is to be guaranteed, of up to 

18 $25,000,000,000. 

19 Gross obligations for the principal amount of direct 

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

21 519(a) of the National Housing Act, shall not exceed 

22 $50,000,000, of which not to exceed $30,000,000 shall be for 

23 bridge financing in connection with the sale of multifamily 

24 real properties owned by the Secretary and formerly in25 sured under such Act; and of which not to exceed 

26 $20,000,000 shall be for loans to nonprofit and govern-
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1 mental entities in connection with the sale of single-family 

2 real properties owned by the Secretary and formerly in3 sured under such Act. 

4 In addition, for administrative expenses necessary to 

5 carry out the guaranteed and direct loan programs, 

6 $229,000,000, of which $209,000,000, shall be transferred 

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

8 which $20,000,000 shall be transferred to the appropriation 

9 for ‘‘Office of Inspector General’’. 

10 In addition, for administrative contract expenses nec11 essary to carry out the guaranteed and direct loan pro12 grams, $93,780,000, of which no less than $16,946,000 shall 

13 be transferred to the Working Capital Fund for the develop14 ment of and modifications to information technology sys15 tems which serve activities under ‘‘Housing programs’’ or 

16 ‘‘Federal housing administration’’: Provided, That to the 

17 extent guaranteed loan commitments exceed $8,426,000,000 

18 on or before April 1, 2004, an additional $1,980 for admin19 istrative contract expenses shall be available for each 

20 $1,000,000 in additional guaranteed loan commitments 

21 over $8,426,000,000 (including a pro rata amount for any 

22 increment below $1,000,000), but in no case shall funds 

23 made available by this proviso exceed $14,400,000. 
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1 GOVERNMENT NATIONAL MORTGAGE ASSOCIATION

2 GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN

3 GUARANTEE PROGRAM ACCOUNT

4 (INCLUDING TRANSFER OF FUNDS)

5 New commitments to issue guarantees to carry out the 

6 purposes of section 306 of the National Housing Act, as 

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

8 $200,000,000,000, to remain available until September 30, 

9 2005. 

10 For administrative expenses necessary to carry out the 

11 guaranteed mortgage-backed securities program, 

12 $10,695,000, to be derived from the GNMA guarantees of 

13 mortgage-backed securities guaranteed loan receipt account, 

14 of which not to exceed $10,695,000, shall be transferred to 

15 the appropriation for ‘‘Salaries and expenses’’. 

16 POLICY DEVELOPMENTAND RESEARCH

17 RESEARCH AND TECHNOLOGY

18 For contracts, grants, and necessary expenses of pro19 grams of research and studies relating to housing and 

20 urban problems, not otherwise provided for, as authorized 

21 by title V of the Housing and Urban Development Act of 

22 1970, as amended (12 U.S.C. 1701z–1 et seq.), including 

23 carrying out the functions of the Secretary under section 

24 1(a)(1)(i) of Reorganization Plan No. 2 of 1968, 

25 $47,000,000, to remain available until September 30, 2005: 

26 Provided, That of the total amount provided under this 
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1 heading, $7,500,000 shall be for the Partnership for Ad2 vancing Technology in Housing (PATH) Initiative. 

3 FAIR HOUSING AND EQUAL OPPORTUNITY

4 FAIR HOUSING ACTIVITIES

5 For contracts, grants, and other assistance, not other6 wise provided for, as authorized by title VIII of the Civil 

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

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

9 and Community Development Act of 1987, as amended, 

10 $50,000,000, to remain available until September 30, 2005, 

11 of which $20,000,000 shall be to carry out activities pursu12 ant to such section 561: Provided, That no funds made 

13 available under this heading shall be used to lobby the exec14 utive or legislative branches of the Federal Government in 

15 connection with a specific contract, grant or loan. 

16 OFFICE OF LEAD HAZARD CONTROL

17 LEAD HAZARD REDUCTION

18 For the Lead Hazard Reduction Program, as author19 ized by section 1011 of the Residential Lead-Based Paint 

20 Hazard Reduction Act of 1992, $175,000,000, to remain 

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

22 shall be for the Healthy Homes Initiative, pursuant to sec23 tions 501 and 502 of the Housing and Urban Development 

24 Act of 1970: Provided, That both programs may include re25 search, studies, evaluations, testing, and demonstration ef-
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1 forts, including education and outreach by units of general 

2 local government, community-based organizations and 

3 other appropriate entities concerning lead-based paint poi4 soning and other housing-related diseases and hazards: Pro5 vided, That of the total amount made available under this 

6 heading, $50,000,000 shall be made available on a competi7 tive basis for areas with the highest lead paint abatement 

8 needs, as identified by the Secretary as having: (1) the high9 est number of pre-1940 units of rental housing; and (2) a 

10 disproportionately high number of documented cases of 

11 lead-poisoned children: Provided further, That each grantee 

12 receiving funds under the previous proviso shall target those 

13 privately owned units and multifamily buildings that are 

14 occupied by low-income families as defined under section 

15 3(b)(2) of the United States Housing Act of 1937: Provided 

16 further, That not less than 90 percent of the funds made 

17 available under this paragraph shall be used exclusively for 

18 abatement, inspections, risk assessments, temporary reloca19 tions and interim control of lead-based hazards as defined 

20 by 42 U.S.C. 4851: Provided further, That each recipient 

21 of funds provided under the first proviso shall make a 

22 matching contribution in an amount not less than 25 per23 cent: Provided further, That each applicant shall submit a 

24 detailed plan and strategy that demonstrates adequate ca25 pacity that is acceptable to the Secretary of the Department 
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1 of Housing and Urban Development to carry out the pro2 posed use of funds pursuant to a Notice of Funding Avail3 ability. 

4 MANAGEMENTAND ADMINISTRATION

5 SALARIES AND EXPENSES

6 (INCLUDING TRANSFER OF FUNDS)

7 For necessary administrative and non-administrative 

8 expenses of the Department of Housing and Urban Develop9 ment, not otherwise provided for, including purchase of uni10 forms, or allowances therefor, as authorized by 5 U.S.C. 

11 5901–5902; hire of passenger motor vehicles; services as au12 thorized by 5 U.S.C. 3109; and not to exceed $25,000 for 

13 official reception and representation expenses, 

14 $1,111,530,000, of which $564,000,000 shall be provided 

15 from the various funds of the Federal Housing Administra16 tion, $10,695,000 shall be provided from funds of the Gov17 ernment National Mortgage Association, $1,000,000 shall be 

18 provided from the ‘‘Community development loan guaran19 tees program’’ account, $150,000 shall be provided by trans20 fer from the ‘‘Native American housing block grants’’ ac21 count, $250,000 shall be provided by transfer from the ‘‘In22 dian housing loan guarantee fund program’’ account and 

23 $35,000 shall be transferred from the ‘‘Native Hawaiian 

24 housing loan guarantee fund’’ account: Provided further, 

25 That the General Counsel of the Department of Housing 

26 and Urban Development shall have for fiscal year 2004 and 
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1 all fiscal years hereafter overall responsibility for all issues 

2 related to appropriations law: Provided further, That the 

3 Secretary shall fill 7 out of 10 vacancies at the GS–14 and 

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

5 positions in the Department has been reduced from the 

6 number of GS–14 and GS–15 positions on the date of enactment of Public Law 106–377 by 21 7 ⁄2 percent: Provided fur8 ther, That no funds shall be made available for the salaries 

9 (other than pensions and related costs) of any employees 

10 who had significant responsibility for allocating funding for 

11 the overleasing of vouchers by public housing agencies. 

12 WORKING CAPITAL FUND

13 For additional capital for the Working Capitol Fund 

14 (42 U.S.C. 3535) for the development of, modifications to, 

15 and infrastructure for Department-wide information tech16 nology systems, and for the continuing operation of both 

17 Department-wide and program-specific information sys18 tems, $240,000,000, to remain available until September 

19 30, 2005: Provided, That any amounts transferred to this 

20 Fund under this Act shall remain available until expended. 

21 OFFICE OF INSPECTOR GENERAL

22 (INCLUDING TRANSFER OF FUNDS)

23 For necessary expenses of the Office of Inspector Gen24 eral in carrying out the Inspector General Act of 1978, as 

25 amended, $102,000,000, of which $24,000,000 shall be pro26 vided from the various funds of the Federal Housing Ad-
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1 ministration: Provided, That the Inspector General shall 

2 have independent authority over all personnel issues within 

3 this office: Provided further, That no less than $300,000 

4 shall be transferred to the Working Capital Fund for the 

5 development of and modifications to information technology 

6 systems for the Office of Inspector General. 

7 CONSOLIDATED FEE FUND

8 (RESCISSION)

9 All unobligated balances remaining available from fees 

10 and charges under section 7(j) of the Department of Hous11 ing and Urban Development Act on October 1, 2003 are 

12 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 Fi17 nancial Safety and Soundness Act of 1992, including not 

18 to exceed $500 for official reception and representation ex19 penses, $39,915,000, to remain available until expended, to 

20 be derived from the Federal Housing Enterprise Oversight 

21 Fund: Provided, That not less than 60 percent of the total 

22 amount made available under this heading shall be used 

23 for licensed audit personnel and audit support: Provided 

24 further, That an additional $10,000,000 shall be made 

25 available until expended, to be derived from the Federal 

26 Housing Enterprise Oversight Fund only upon a certifi-
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1 cation by the Secretary of the Treasury that these funds 

2 are necessary to meet an emergency need: Provided further, 

3 That not to exceed such amounts shall be available from 

4 the general fund of the Treasury to the extent necessary to 

5 incur obligations and make expenditures pending the re6 ceipt of collections to the Fund: Provided further, That the 

7 general fund amount shall be reduced as collections are re8 ceived during the fiscal year so as to result in a final appro9 priation from the general fund estimated at not more than 

10 $0. 

11 ADMINISTRATIVE PROVISIONS

12 SEC. 201. Fifty percent of the amounts of budget au13 thority, or in lieu thereof 50 percent of the cash amounts 

14 associated with such budget authority, that are recaptured 

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

16 B. McKinney Homeless Assistance Amendments Act of 1988 

17 (42 U.S.C. 1437 note) shall be rescinded, or in the case of 

18 cash, shall be remitted to the Treasury, and such amounts 

19 of budget authority or cash recaptured and not rescinded 

20 or remitted to the Treasury shall be used by State housing 

21 finance agencies or local governments or local housing agen22 cies with projects approved by the Secretary of Housing and 

23 Urban Development for which settlement occurred after 

24 January 1, 1992, in accordance with such section. Notwith25 standing the previous sentence, the Secretary may award 
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1 up to 15 percent of the budget authority or cash recaptured 

2 and not rescinded or remitted to the Treasury to provide 

3 project owners with incentives to refinance their project at 

4 a lower interest rate. 

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

6 this Act may be used during fiscal year 2004 to investigate 

7 or prosecute under the Fair Housing Act any otherwise law8 ful activity engaged in by one or more persons, including 

9 the filing or maintaining of a non-frivolous legal action, 

10 that is engaged in solely for the purpose of achieving or 

11 preventing action by a Government official or entity, or a 

12 court of competent jurisdiction. 

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

14 the AIDS Housing Opportunity Act (42 U.S.C. 

15 12903(c)(1)(A)), from any amounts made available under 

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

17 section, the Secretary of Housing and Urban Development 

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

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

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

21 under clause (ii) of such section; and 

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

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

24 areas in the State outside of the metropolitan statis25 tical areas that qualify under clause (i) in fiscal year 
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1 2004 do not have the number of cases of acquired im2 munodeficiency syndrome (AIDS) required under 

3 such clause. 

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

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

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

7 that State that are outside of metropolitan statistical areas 

8 that qualify under clause (i) of such section 854(c)(1)(A) 

9 in fiscal year 2004, in proportion to AIDS cases among 

10 cities and States that qualify under clauses (i) and (ii) of 

11 such section and States deemed eligible under subsection 

12 (a). 

13 SEC. 204. Except as explicitly provided in law, any 

14 grant or assistance made pursuant to title II of this Act 

15 shall be made on a competitive basis in accordance with 

16 section 102 of the Department of Housing and Urban Devel17 opment Reform Act of 1989. 

18 SEC. 205. Funds of the Department of Housing and 

19 Urban Development subject to the Government Corporation 

20 Control Act or section 402 of the Housing Act of 1950 shall 

21 be available, without regard to the limitations on adminis22 trative expenses, for legal services on a contract or fee basis, 

23 and for utilizing and making payment for services and fa24 cilities of the Federal National Mortgage Association, Gov25 ernment National Mortgage Association, Federal Home 
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1 Loan Mortgage Corporation, Federal Financing Bank, Fed2 eral Reserve banks or any member thereof, Federal Home 

3 Loan banks, and any insured bank within the meaning of 

4 the Federal Deposit Insurance Corporation Act, as amended 

5 (12 U.S.C. 1811–1831). 

6 SEC. 206. Unless otherwise provided for in this Act 

7 or through a reprogramming of funds, no part of any ap8 propriation for the Department of Housing and Urban De9 velopment shall be available for any program, project or 

10 activity in excess of amounts set forth in the budget esti11 mates submitted to Congress. 

12 SEC. 207. Corporations and agencies of the Depart13 ment of Housing and Urban Development which are subject 

14 to the Government Corporation Control Act, as amended, 

15 are hereby authorized to make such expenditures, within the 

16 limits of funds and borrowing authority available to each 

17 such corporation or agency and in accordance with law, 

18 and to make such contracts and commitments without re19 gard to fiscal year limitations as provided by section 104 

20 of such Act as may be necessary in carrying out the pro21 grams set forth in the budget for 2004 for such corporation 

22 or agency except as hereinafter provided: Provided, That 

23 collections of these corporations and agencies may be used 

24 for new loan or mortgage purchase commitments only to 

25 the extent expressly provided for in this Act (unless such 
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1 loans are in support of other forms of assistance provided 

2 for in this or prior appropriations Acts), except that this 

3 proviso shall not apply to the mortgage insurance or guar4 anty operations of these corporations, or where loans or 

5 mortgage purchases are necessary to protect the financial 

6 interest of the United States Government. 

7 SEC. 208. None of the funds provided in this title for 

8 technical assistance, training, or management improve9 ments may be obligated or expended unless HUD provides 

10 to the Committees on Appropriations a description of each 

11 proposed activity and a detailed budget estimate of the costs 

12 associated with each program, project or activity as part 

13 of the Budget Justifications. For fiscal year 2004, HUD 

14 shall transmit this information to the Committees by March 

15 15, 2004 for 30 days of review. 

16 SEC. 209. Notwithstanding any other provision of law, 

17 in fiscal year 2004, in managing and disposing of any mul18 tifamily property that is owned or held by the Secretary 

19 and is occupied primarily by elderly or disabled families, 

20 the Secretary of Housing and Urban Development shall 

21 maintain any rental assistance payments under section 8 

22 of the United States Housing Act of 1937 that are attached 

23 to any dwelling units in the property. To the extent the 

24 Secretary determines that such a multifamily property 

25 owned or held by the Secretary is not feasible for continued 
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1 rental assistance payments under such section 8, the Sec2 retary may, in consultation with the tenants of that prop3 erty, contract for project-based rental assistance payments 

4 with an owner or owners of other existing housing prop5 erties or provide other rental assistance. 

6 SEC. 210. A public housing agency or such other entity 

7 that administers Federal housing assistance in the States 

8 of Alaska, Iowa, and Mississippi shall not be required to 

9 include a resident of public housing or a recipient of assist10 ance provided under section 8 of the United States Housing 

11 Act of 1937 on the board of directors or a similar governing 

12 board of such agency or entity as required under section 

13 (2)(b) of such Act. Each public housing agency or other en14 tity that administers Federal housing assistance under sec15 tion 8 in the States of Alaska, Iowa and Mississippi shall 

16 establish an advisory board of not less than 6 residents of 

17 public housing or recipients of section 8 assistance to pro18 vide advice and comment to the public housing agency or 

19 other administering entity on issues related to public hous20 ing and section 8. Such advisory board shall meet not less 

21 than quarterly. 

22 SEC. 211. Section 24(n) of the United States Housing 

23 Act of 1937 (42 U.S.C. 1437v(n)) is amended by striking 

24 ‘‘September 30, 2004’’ and inserting ‘‘September 30, 2006’’. 
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1 SEC. 212. The Secretary of Housing and Urban Devel2 opment shall provide quarterly reports to the House and 

3 Senate Committees on Appropriations regarding all uncom4 mitted, unobligated, and excess funds in each program and 

5 activity within the jurisdiction of the Department and shall 

6 submit additional, updated budget information to these 

7 committees upon request. 

8 SEC. 213. The Secretary of Housing and Urban Devel9 opment shall submit an annual report no later than August 

10 30, 2004 and annually thereafter to the House and Senate 

11 Committees on Appropriations regarding the number of 

12 Federally assisted units under lease and the per unit cost 

13 of these units to the Department of Housing and Urban 

14 Development. 

15 SEC. 214. (a) Notwithstanding any other provision of 

16 law, the amount allocated for fiscal year 2004 and there17 after to the City of Philadelphia, Pennsylvania on behalf 

18 of the Philadelphia, PA–NJ Primary Metropolitan Statis19 tical Area (hereafter ‘‘metropolitan area’’), under section 

20 854(c) of the AIDS Housing Opportunity Act (42 U.S.C. 

21 12903(c)), shall be adjusted by the Secretary of Housing 

22 and Urban Development by allocating to the State of New 

23 Jersey the proportion of the metropolitan area’s amount 

24 that is based on the number of cases of AIDS reported in 

25 the portion of the metropolitan area that is located in New 
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1 Jersey. The State of New Jersey shall use amounts allocated 

2 to the State under this subsection to carry out eligible ac3 tivities under section 855 of the AIDS Housing Oppor4 tunity Act (42 U.S.C. 12904) in the portion of the metro5 politan area that is located in New Jersey. 

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

7 Secretary of Housing and Urban Development shall allocate 

8 to Wake County, North Carolina, the amounts that other9 wise would be allocated for fiscal year 2004 and thereafter 

10 under section 854(c) of the AIDS Housing Opportunity Act 

11 (42 U.S.C. 12903(c)) to the City of Raleigh, North Carolina, 

12 on behalf of the Raleigh-Durham-Chapel Hill, North Caro13 lina Metropolitan Statistical Area. Any amounts allocated 

14 to Wake County shall be used to carry out eligible activities 

15 under section 855 of such Act (42 U.S.C. 12904) within 

16 such metropolitan statistical area. 

17 SEC. 215. (a) During fiscal year 2004, in the provision 

18 of rental assistance under section 8(o) of the United States 

19 Housing Act of 1937 (42 U.S.C. 1437f(o)) in connection 

20 with a program to demonstrate the economy and effective21 ness of providing such assistance for use in assisted living 

22 facilities that is carried out in the counties of the State of 

23 Michigan specified in subsection (b) of this section, notwith24 standing paragraphs (3) and (18)(B)(iii) of such section 

25 8(o), a family residing in an assisted living facility in any 
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1 such county, on behalf of which a public housing agency 

2 provides assistance pursuant to section 8(o)(18) of such Act, 

3 may be required, at the time the family initially receives 

4 such assistance, to pay rent in an amount exceeding 40 per5 cent of the monthly adjusted income of the family by such 

6 a percentage or amount as the Secretary of Housing and 

7 Urban Development determines to be appropriate. 

8 (b) The counties specified in this subsection are Oak9 land County, Macomb County, Wayne County, and 

10 Washtenaw County, in the State of Michigan. 

11 SEC. 216. Section 683(2) of the Housing and Commu12 nity Development Act of 1992 is amended—

13 (1) in subparagraph (F), by striking ‘‘and’’; 

14 (2) in subparagraph (G), by striking ‘‘section.’’ 

15 and inserting ‘‘section; and’’; and 

16 (3) by adding the following new subparagraph at 

17 the end: 

18 ‘‘(H) housing that is assisted under section 

19 811 of the Cranston-Gonzalez National Afford20 able Housing Act.’’. 

21 SEC. 217. Section 224 of the National Housing Act 

22 (12 U.S.C. 1735o) is amended by adding the following new 

23 sentence at the end of the first paragraph: ‘‘Notwith24 standing the preceding sentence and the following para25 graph, if an insurance claim is paid in cash for any mort-
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1 gage that is insured under section 203 or 234 of this Act 

2 and is endorsed for mortgage insurance after the date of 

3 enactment of this sentence, the debenture interest rate for 

4 purposes of calculating such a claim shall be the monthly 

5 average yield, for the month in which the default on the 

6 mortgage occurred, on United States Treasury Securities 

7 adjusted to a constant maturity of ten years.’’. 

8 SEC. 218. The McKinney-Vento Homeless Assistance 

9 Act (42 U.S.C. 11301 et seq.) is amended—

10 (1) in section 101(b), by striking ‘‘Interagency 

11 Council on the Homeless’’ and inserting ‘‘United 

12 States Interagency Council on Homelessness’’; 

13 (2) in section 102(b)(1), by striking ‘‘an Inter14 agency Council on the Homeless’’ and inserting ‘‘the 

15 United States Interagency Council on Homelessness’’; 

16 (3) in the heading for title II, by striking 

17 ‘‘INTERAGENCY COUNCIL ON THE HOME18 LESS’’ and inserting ‘‘UNITED STATES INTER19 AGENCY COUNCIL ON HOMELESSNESS’’; 

20 (4) in sections 201, 207(1), 501(c)(2)(a), and 

21 501(d)(3), by striking ‘‘Interagency Council on the 

22 Homeless’’ and inserting ‘‘United States Interagency 

23 Council on Homelessness’’; and 
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1 (5) in section 204(c), by inserting after ‘‘reim2 bursable’’ the two places it appears the following: ‘‘or 

3 nonreimbursable’’. 

4 SEC. 219. Title II of the National Housing Act (12 

5 U.S.C. 1707 et seq.) is amended by adding the following 

6 new section at the end: 

7 ‘‘PAYMENTREWARDS FOR CERTAIN SINGLE FAMILY

8 MORTGAGES

9 ‘‘SEC. 257. For purposes of establishing an alternative 

10 to high cost mortgages for borrowers with credit impair11 ments, the Secretary may insure under sections 203(b) and 

12 234(c) of this title any mortgage that meets the require13 ments of such sections, except as provided in the following 

14 sentences. The Secretary may establish lower percentage of 

15 appraised value limitations than those provided in section 

16 203(b)(2)(B). Notwithstanding section 203(c)(2)(B), the 

17 Secretary may establish and collect annual premium pay18 ments in an amount not exceeding 1.0 percent of the re19 maining insured principal balance and such payments may 

20 be reduced or eliminated in subsequent years based on mort21 gage payment performance. All mortgages insured pursuant 

22 to this section shall be obligations of the Mutual Mortgage 

23 Insurance Fund notwithstanding section 519 of this Act.’’. 

24 SEC. 220. (a) INFORMATION COMPARISONS FOR PUB25 LIC AND ASSISTED HOUSING PROGRAMS.—Section 453(j) 
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1 of the Social Security Act (42 U.S.C. 653(j)) is amended 

2 by adding at the end the following new paragraph: 

3 ‘‘(7) INFORMATION COMPARISONS FOR HOUSING

4 ASSISTANCE PROGRAMS.—

5 ‘‘(A) FURNISHING OF INFORMATION BY

6 HUD.—Subject to subparagraph (G), the Sec7 retary of Housing and Urban Development shall 

8 furnish to the Secretary, on such periodic basis 

9 as determined by the Secretary of Housing and 

10 Urban Development in consultation with the 

11 Secretary, information in the custody of the Sec12 retary of Housing and Urban Development for 

13 comparison with information in the National 

14 Directory of New Hires, in order to obtain infor15 mation in such Directory with respect to indi16 viduals who are participating in any program 

17 under—

18 ‘‘(i) the United States Housing Act of 

19 1937 (42 U.S.C. 1437 et seq.); 

20 ‘‘(ii) section 202 of the Housing Act of 

21 1959 (12 U.S.C. 1701q); 

22 ‘‘(iii) section 221(d)(3), 221(d)(5), or 

23 236 of the National Housing Act (12 U.S.C. 

24 1715l(d) and 1715z–1); 
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1 ‘‘(iv) section 811 of the Cranston-Gon2 zalez National Affordable Housing Act (42 

3 U.S.C. 8013); or 

4 ‘‘(v) section 101 of the Housing and 

5 Urban Development Act of 1965 (12 U.S.C. 

6 1701s). 

7 ‘‘(B) REQUIREMENTTO SEEK MINIMUM IN8 FORMATION.—The Secretary of Housing and 

9 Urban Development shall seek information pur10 suant to this section only to the extent necessary 

11 to verify the employment and income of individ12 uals described in subparagraph (A). 

13 ‘‘(C) DUTIES OF THE SECRETARY.—

14 ‘‘(i) INFORMATION DISCLOSURE.—The 

15 Secretary, in cooperation with the Secretary 

16 of Housing and Urban Development, shall 

17 compare information in the National Direc18 tory of New Hires with information pro19 vided by the Secretary of Housing and 

20 Urban Development with respect to individ21 uals described in subparagraph (A), and 

22 shall disclose information in such Directory 

23 regarding such individuals to the Secretary 

24 of Housing and Urban Development, in ac-
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1 cordance with this paragraph, for the pur2 poses specified in this paragraph. 

3 ‘‘(ii) CONDITION ON DISCLOSURE.—

4 The Secretary shall make disclosures in ac5 cordance with clause (i) only to the extent 

6 that the Secretary determines that such dis7 closures do not interfere with the effective 

8 operation of the program under this part. 

9 ‘‘(D) USE OF INFORMATION BY HUD.—The 

10 Secretary of Housing and Urban Development 

11 may use information resulting from a data 

12 match pursuant to this paragraph only—

13 ‘‘(i) for the purpose of verifying the 

14 employment and income of individuals de15 scribed in subparagraph (A); and 

16 ‘‘(ii) after removal of personal identi17 fiers, to conduct analyses of the employment 

18 and income reporting of individuals de19 scribed in subparagraph (A). 

20 ‘‘(E) DISCLOSURE OF INFORMATION BY

21 HUD.—

22 ‘‘(i) PURPOSE OF DISCLOSURE.—The 

23 Secretary of Housing and Urban Develop24 ment may make a disclosure under this sub25 paragraph only for the purpose of verifying 
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1 the employment and income of individuals 

2 described in subparagraph (A). 

3 ‘‘(ii) DISCLOSURES PERMITTED.—Sub4 ject to clause (iii), the Secretary of Housing 

5 and Urban Development may disclose infor6 mation resulting from a data match pursu7 ant to this paragraph only to a public hous8 ing agency, the Inspector General of the De9 partment of Housing and Urban Develop10 ment, and the Attorney General in connec11 tion with the administration of a program 

12 described in subparagraph (A). Information 

13 obtained by the Secretary of Housing and 

14 Urban Development pursuant to this para15 graph shall not be made available under 

16 section 552 of title 5, United States Code. 

17 ‘‘(iii) CONDITIONS ON DISCLOSURE.—

18 Disclosures under this paragraph shall be—

19 ‘‘(I) made in accordance with 

20 data security and control policies es21 tablished by the Secretary of Housing 

22 and Urban Development and approved 

23 by the Secretary; 

24 ‘‘(II) subject to audit in a manner 

25 satisfactory to the Secretary; and 
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1 ‘‘(III) subject to the sanctions 

2 under subsection (l)(2). 

3 ‘‘(iv) ADDITIONAL DISCLOSURES.—

4 ‘‘(I) DETERMINATION BY SECRE5 TARIES.—The Secretary of Housing 

6 and Urban Development and the Sec7 retary shall determine whether to per8 mit disclosure of information under 

9 this paragraph to persons or entities 

10 described in subclause (II), based on 

11 an evaluation made by the Secretary of 

12 Housing and Urban Development (in 

13 consultation with and approved by the 

14 Secretary), of the costs and benefits of 

15 disclosures made under clause (ii) and 

16 the adequacy of measures used to safe17 guard the security and confidentiality 

18 of information so disclosed. 

19 ‘‘(II) PERMITTED PERSONS OR

20 ENTITIES.—If the Secretary of Hous21 ing and Urban Development and the 

22 Secretary determine pursuant to sub23 clause (I) that disclosures to additional 

24 persons or entities shall be permitted, 

25 information under this paragraph may 
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1 be disclosed by the Secretary of Hous2 ing and Urban Development to a pri3 vate owner, a management agent, and 

4 a contract administrator in connection 

5 with the administration of a program 

6 described in subparagraph (A), subject 

7 to the conditions in clause (iii) and 

8 such additional conditions as agreed to 

9 by the Secretaries. 

10 ‘‘(v) RESTRICTIONS ON REDISCLO11 SURE.—A person or entity to which infor12 mation is disclosed under this subpara13 graph may use or disclose such information 

14 only as needed for verifying the employment 

15 and income of individuals described in sub16 paragraph (A), subject to the conditions in 

17 clause (iii) and such additional conditions 

18 as agreed to by the Secretaries. 

19 ‘‘(F) REIMBURSEMENTOF HHS COSTS.—

20 The Secretary of Housing and Urban Develop21 ment shall reimburse the Secretary, in accord22 ance with subsection (k)(3), for the costs incurred 

23 by the Secretary in furnishing the information 

24 requested under this paragraph. 
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1 ‘‘(G) CONSENT.—The Secretary of Housing 

2 and Urban Development shall not seek, use, or 

3 disclose information under this paragraph relat4 ing to an individual without the prior written 

5 consent of such individual (or of a person legally 

6 authorized to consent on behalf of such indi7 vidual).’’. 

8 (b) CONSENTTO INFORMATION COMPARISON AND USE

9 AS CONDITION OF HUD PROGRAM ELIGIBILITY.—As a con10 dition of participating in any program authorized under—

11 (1) the United States Housing Act of 1937 (42 

12 U.S.C. 1437 et seq.); 

13 (2) section 202 of the Housing Act of 1959 (12 

14 U.S.C. 1701q); 

15 (3) section 221(d)(3), 221(d)(5), or 236 of the 

16 National Housing Act (12 U.S.C. 1715l(d) and 

17 1715z–1); 

18 (4) section 811 of the Cranston-Gonzalez Na19 tional Affordable Housing Act (42 U.S.C. 8013); or 

20 (5) section 101 of the Housing and Urban Devel21 opment Act of 1965 (12 U.S.C. 1701s), 

22 the Secretary of Housing and Urban Development may re23 quire consent by an individual (or by a person legally au24 thorized to consent on behalf of such individual) for such 

25 Secretary to obtain, use, and disclose information with re-
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1 spect to such individual in accordance with section 

2 453(j)(7) of the Social Security Act (42 U.S.C. 653(j)(7)). 

3 SEC. 221. Section 9 of the United States Housing Act 

4 of 1937 is amended by inserting at the end the following 

5 new subsection: 

6 ‘‘(o) LOAN GUARANTEE DEVELOPMENT FUNDING.—

7 ‘‘(1) In order to facilitate the financing of the re8 habilitation and development needs of public housing, 

9 the Secretary is authorized to provide loan guarantees 

10 for public housing agencies to enter into loans or 

11 other financial obligations with financial institutions 

12 for the purpose of financing the rehabilitation of a 

13 portion of public housing or the development off-site 

14 of public housing in mixed income developments (in15 cluding demolition costs of the public housing units to 

16 be replaced), provided that the number of public hous17 ing units developed off-site replaces no less than an 

18 equal number of on-site public housing units in a 

19 project. Loans or other obligations entered into pursu20 ant to this subsection shall be in such form and de21 nominations, have such maturities, and be subject to 

22 such conditions as may be prescribed by regulations 

23 issued by the Secretary. 

24 ‘‘(2) The Secretary may prohibit a public hous25 ing agency from obtaining a loan under this sub-
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1 section only if the rehabilitation or replacement hous2 ing proposed by a public housing agency is incon3 sistent with its Public Housing Agency Plan, as sub4 mitted under section 5A, or the proposed terms of the 

5 guaranteed loan constitutes an unacceptable financial 

6 risk to the public housing agency or for repayment of 

7 the loan under this subsection. 

8 ‘‘(3) Notwithstanding any other provision of this 

9 title, funding allocated to a public housing agency 

10 under subsections (d)(2) and (e)(2) of this section for 

11 capital and operating funds is authorized for use in 

12 the payment of the principal and interest due (in13 cluding such servicing, underwriting or other costs as 

14 may be specified in the regulations of the Secretary) 

15 on the loans or other obligations entered into pursu16 ant to this subsection. 

17 ‘‘(4) The amount of any loan or other obligation 

18 entered into under this subsection shall not exceed in 

19 total the pro-rata amount of funds that would be allo20 cated over a period not to exceed 30 years under sub21 sections (d)(2) and (e)(2) of this section on a per unit 

22 basis as a percentage of the number of units that are 

23 designated to be rehabilitated or replaced under this 

24 subsection by a public housing agency as compared to 

25 the total number of units in the public housing devel-
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1 opment, as determined on the basis of funds made 

2 available under such subsections (d)(2) and (e)(2) in 

3 the previous year. Any reduction in the total amount 

4 of funds provided to a public housing agency under 

5 this section in subsequent years shall not reduce the 

6 amount of funds to be paid under a loan entered into 

7 under this subsection but instead shall reduce the cap8 ital and operating funds which are available for the 

9 other housing units in the public housing development 

10 in that fiscal year. Any additional income, including 

11 the receipt of rental income from tenants, generated 

12 by the rehabilitated or replaced units may be used to 

13 establish a loan loss reserve for the public housing 

14 agency to assist in the repayment of loans or other 

15 obligations entered into under this subsection or to 

16 address any shortfall in the operating or capital 

17 needs of the public housing agency in any fiscal year. 

18 ‘‘(5) Subject to appropriations, the Secretary 

19 may use funds from the Public Housing Capital 

20 Fund to—

21 ‘‘(A) establish a loan loss reserve account 

22 within the Department of Housing and Urban 

23 Development to minimize the risk of loss associ24 ated with the repayment of loans guaranteed 

25 under this subsection, 
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1 ‘‘(B) make grants to a public housing agen2 cy for capital investment needs or for the cre3 ation of a loan loss reserve account to be used in 

4 conjunction with a loan made under this sub5 section for the rehabilitation of a portion of pub6 lic housing or the development off-site of public 

7 housing in mixed income developments (includ8 ing demolition costs of the public housing units 

9 to be replaced), or 

10 ‘‘(C) or repay any losses associated with a 

11 loan guarantee under this subsection. 

12 ‘‘(6) The Secretary may, to the extent approved 

13 in appropriations Acts, assist in the payment of all 

14 or a portion of the principal and interest amount due 

15 under the loan or other obligation entered into under 

16 this subsection, if the Secretary determines that the 

17 public housing agency is unable to pay the amount 

18 it owes because of circumstances of extreme hardship 

19 beyond the control of the public housing agency.’’. 

20 SEC. 222. Section 204(a) of the McKinney-Vento 

21 Homeless Assistance Act (42 U.S.C. 11314(a)) is amended 

22 by striking in the first sentence after the word ‘‘level’’, ‘‘V’’, 

23 and inserting in its place ‘‘III’’. 

24 SEC. 223. Notwithstanding any other provision of law, 

25 the State of Hawaii may elect by July 31, 2004 to dis-
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1 tribute funds under section 106(d)(2) of the Housing and 

2 Community Development Act of 1974, to units of general 

3 local government located in nonentitlement areas of that 

4 State. If the State of Hawaii fails to make such election, 

5 the Secretary shall for fiscal years 2005 and thereafter make 

6 grants to the units of general local government located in 

7 the State of Hawaii’s nonentitlement areas (Hawaii, 

8 Kauai, and Maui counties). The Secretary of Housing and 

9 Urban Development shall allocate funds under section 

10 106(d) of such Act to units of general local government lo11 cated in nonentitlement areas within the State of Hawaii 

12 in accordance with a formula which bears the same ratio 

13 to the total amount available for the nonentitlement areas 

14 of the State as the weighted average of the ratios between 

15 (1) the population of that eligible unit of general local gov16 ernment and the population of all eligible units of general 

17 local government in the nonentitlement areas of the State; 

18 (2) the extent of poverty in that eligible unit of general local 

19 government and the extent of poverty in all of the eligible 

20 units of general local government in the nonentitlement 

21 areas of the State; and (3) the extent of housing over22 crowding in that eligible unit of general local government 

23 and the extent of housing overcrowding in all of the eligible 

24 units of general local government in the nonentitlement 

25 areas of the State. In determining the weighted average of 
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1 the ratios described in the previous sentence, the ratio de2 scribed in clause (2) shall be counted twice and the ratios 

3 described in clauses (1) and (3) shall be counted once. Not4 withstanding any other provision, grants made under this 

5 section shall be subject to the program requirements of sec6 tion 104 of the Housing and Community Development Act 

7 of 1974 in the same manner as such requirements are made 

8 applicable to grants made under section 106(b) of the Hous9 ing and Community Development Act of 1974. 

10 SEC. 224. The Secretary of Housing and Urban Devel11 opment shall issue a proposed rulemaking, in accordance 

12 with Title V, United States Code, not later than 90 days 

13 from the date of enactment of this Act that—

14 (1) addresses and expands, as necessary, the par15 ticipation and certification requirements for the sale 

16 of HUD-owned multifamily housing projects and the 

17 foreclosure sale of any multifamily housing securing 

18 a mortgage held by the Secretary, including whether 

19 a potential purchaser is in substantial compliance 

20 with applicable state or local government housing 

21 statutes, regulations, ordinances and codes with re22 gard to other properties owned by the purchaser; and 

23 (2) requires any state, city, or municipality that 

24 exercises its right of first refusal for the purchase of 

25 a multifamily housing project under section 203 of 
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1 the Housing and Community Development Amend2 ments of 1978 (12 U.S.C. 1701z–11(i)) to ensure that 

3 potential purchasers of the project from the state, city, 

4 or municipality are subject to the same standards 

5 that they would otherwise be subject to if they had 

6 purchased the project directly from the Secretary, in7 cluding whether a potential purchaser is in substan8 tial compliance with applicable state or local govern9 ment housing statutes, regulations, ordinances and 

10 codes with regard to other properties owned by the 

11 purchaser. 

12 SEC. 225. Section 217 of Public Law 107–73 is amend13 ed by striking ‘‘the rehabilitation’’ and inserting in lieu 

14 thereof: ‘‘redevelopment, including demolition and new con15 struction’’. 

16 SEC. 226. NATIVE AMERICAN HOUSING. Of the 

17 amounts made available to carry out the Native American 

18 Housing Assistance and Self-Determination Act of 1996 (25 

19 U.S.C. 4101 et seq.) for fiscal year 2004, there shall be made 

20 available to each grant recipient the same percentage of 

21 funding as each recipient received for fiscal year 2003. 

22 SEC. 227. RURAL TEACHER HOUSING. Section 307 of 

23 the Denali Commission Act of 1998 (42 U.S.C. 3121 note) 

24 is amended by adding at the end the following: 
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1 ‘‘(e) RURAL TEACHER HOUSING.—The Commission 

2 may make grants and loans to public school districts serv3 ing remote incorporated cities and unincorporated commu4 nities in Alaska (including Alaska Native Villages) with a 

5 population of 6,500 or fewer persons for expenses associated 

6 with the construction, purchase, lease, and rehabilitation of 

7 housing units in such cities and communities. Unless other8 wise authorized by the Commission, such units may be occu9 pied only by teachers, school administrators, and other 

10 school staff (including members of their households).’’. 

11 SEC. 228. The Secretary of Housing and Urban Devel12 opment shall conduct negotiated rulemaking with represent13 atives from interested parties for purposes of any changes 

14 to the formula governing the Public Housing Operating 

15 Fund. A final rule shall be issued no later than July 31, 

16 2004. 

17 TITLE III—INDEPENDENT AGENCIES 

18 AMERICAN BATTLE MONUMENTS COMMISSION

19 SALARIES AND EXPENSES

20 For necessary expenses, not otherwise provided for, of 

21 the American Battle Monuments Commission, including the 

22 acquisition of land or interest in land in foreign countries; 

23 purchases and repair of uniforms for caretakers of national 

24 cemeteries and monuments outside of the United States and 

25 its territories and possessions; rent of office and garage 
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1 space in foreign countries; purchase (one for replacement 

2 only) and hire of passenger motor vehicles; and insurance 

3 of official motor vehicles in foreign countries, when required 

4 by law of such countries, $35,000,000, to remain available 

5 until expended. 

6 CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD

7 SALARIES AND EXPENSES

8 For necessary expenses in carrying out activities pur9 suant to section 112(r)(6) of the Clean Air Act, as amended, 

10 including hire of passenger vehicles, uniforms or allowances 

11 therefore, as authorized by 5 U.S.C. 5901–5902, and for 

12 services authorized by 5 U.S.C. 3109 but at rates for indi13 viduals not to exceed the per diem equivalent to the max14 imum rate payable for senior level positions under 5 U.S.C. 

15 5376, $8,000,000, of which $5,500,000 is to remain avail16 able until September 30, 2004 and $2,500,000, of which is 

17 to remain available until September 30, 2005: Provided fur18 ther, That the Chemical Safety and Hazard Investigation 

19 Board shall have not more than three career Senior Execu20 tive Service positions. 
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1 DEPARTMENT OF THE TREASURY

2 COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS

3 COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS FUND

4 PROGRAM ACCOUNT

5 To carry out the Community Development Banking 

6 and Financial Institutions Act of 1994, including services 

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

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

9 ES–3, $70,000,000, to remain available until September 

10 30, 2005, of which not less than $5,000,000 shall be for fi11 nancial assistance, technical assistance, training and out12 reach programs designed to benefit Native American, Native 

13 Hawaiian, and Alaskan Native communities and provided 

14 primarily through qualified community development lender 

15 organizations with experience and expertise in community 

16 development banking and lending in Indian country, Na17 tive American organizations, tribes and tribal organiza18 tions and other suitable providers, and up to $12,000,000 

19 may be used for administrative expenses, including admin20 istration of the New Markets Tax Credit, up to $6,000,000 

21 may be used for the cost of direct loans, and up to $250,000 

22 may be used for administrative expenses to carry out the 

23 direct loan program: Provided, That the cost of direct loans, 

24 including the cost of modifying such loans, shall be as de25 fined in section 502 of the Congressional Budget Act of 
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1 1974, as amended: Provided further, That these funds are 

2 available to subsidize gross obligations for the principal 

3 amount of direct loans not to exceed $11,000,000. 

4 CONSUMER PRODUCT SAFETY COMMISSION

5 SALARIES AND EXPENSES

6 For necessary expenses of the Consumer Product Safety 

7 Commission, including hire of passenger motor vehicles, 

8 services as authorized by 5 U.S.C. 3109, but at rates for 

9 individuals not to exceed the per diem rate equivalent to 

10 the maximum rate payable under 5 U.S.C. 5376, purchase 

11 of nominal awards to recognize non-Federal officials’ con12 tributions to Commission activities, and not to exceed $500 

13 for official reception and representation expenses, 

14 $60,000,000. 

15 CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

16 NATIONAL AND COMMUNITY SERVICE PROGRAMS

17 OPERATING EXPENSES

18 (INCLUDING TRANSFER OF FUNDS)

19 For necessary expenses for the Corporation for Na20 tional and Community Service (the ‘‘Corporation’’) in car21 rying out programs, activities, and initiatives under the 

22 National and Community Service Act of 1990 (the ‘‘Act’’) 

23 (42 U.S.C. 12501 et seq.), $452,575,000, to remain available 

24 until September 30, 2005: Provided, That not more than 

25 $330,000,000 of the amount provided under this heading 

26 shall be available for the National Service Trust under sub-
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1 title D of title I of the Act (42 U.S.C. 12601 et seq.) and 

2 for grants under the National Service Trust Program au3 thorized under subtitle C of title I of the Act (42 U.S.C. 

4 12571 et seq.) (relating to activities of the AmeriCorps pro5 gram), including grants to organizations operating projects 

6 under the AmeriCorps Education Awards Program (with7 out regard to the requirements of sections 121(d) and (e), 

8 section 131(e), section 132, and sections 140(a), (d), and 

9 (e) of the Act): Provided further, That from the amount pro10 vided under the previous proviso, the Corporation may 

11 transfer funds as necessary, to remain available without fis12 cal year limitation, to the National Service Trust for edu13 cational awards authorized under subtitle D of title I of 

14 the Act (42 U.S.C. 12601), of which up to $5,000,000 shall 

15 be available to support national service scholarships for 

16 high school students performing community service: Pro17 vided further, That the Corporation shall approve and en18 roll AmeriCorps members pursuant to the Strengthen 

19 AmeriCorps Program Act (Public Law 108–45): Provided 

20 further, That of the amount provided under this heading 

21 for grants under the National Service Trust program au22 thorized under subtitle C of title I of the Act, not more than 

23 $50,000,000 may be used to administer, reimburse, or sup24 port any national service program authorized under section 

25 121(d)(2) of such Act (42 U.S.C. 12581(d)(2)): Provided 
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1 further, That not more than $14,575,000 shall be available 

2 for quality and innovation activities authorized under sub3 title H of title I of the Act (42 U.S.C. 12853 et seq.), of 

4 which $5,000,000 shall be available for challenge grants to 

5 non-profit organizations: Provided further, That notwith6 standing subtitle H of title I of the Act (42 U.S.C. 12853), 

7 none of the funds provided under the previous proviso shall 

8 be used to support salaries and related expenses (including 

9 travel) attributable to Corporation employees: Provided fur10 ther, That to the maximum extent feasible, funds appro11 priated under subtitle C of title I of the Act shall be pro12 vided in a manner that is consistent with the recommenda13 tions of peer review panels in order to ensure that priority 

14 is given to programs that demonstrate quality, innovation, 

15 replicability, and sustainability: Provided further, That not 

16 more than $10,000,000 of the funds made available under 

17 this heading shall be made available for the Points of Light 

18 Foundation for activities authorized under title III of the 

19 Act (42 U.S.C. 12661 et seq.), of which not more than 

20 $2,500,000 may be used to support an endowment fund, the 

21 corpus of which shall remain intact and the interest income 

22 from which shall be used to support activities described in 

23 title III of the Act, provided that the Foundation may in24 vest the corpus and income in federally insured bank sav25 ings accounts or comparable interest bearing accounts, cer-
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1 tificates of deposit, money market funds, mutual funds, obli2 gations of the United States, and other market instruments 

3 and securities but not in real estate investments: Provided 

4 further, That no funds shall be available for national service 

5 programs run by Federal agencies authorized under section 

6 121(b) of such Act (42 U.S.C. 12571(b)): Provided further, 

7 That not more than $5,000,000 of the funds made available 

8 under this heading shall be made available to America’s 

9 Promise—The Alliance for Youth, Inc.: Provided further, 

10 That to the maximum extent practicable, the Corporation 

11 shall increase significantly the level of matching funds and 

12 in-kind contributions provided by the private sector, and 

13 shall reduce the total Federal costs per participant in all 

14 programs by not less than 10 percent: Provided further, 

15 That the Inspector General of the Corporation for National 

16 and Community Service shall conduct random audits of the 

17 grantees that administer activities under the AmeriCorps 

18 programs and shall debar any grantee (or successor in in19 terest or any entity with substantially the same person or 

20 persons in control) that has been determined to have com21 mitted any substantial violations of the requirements of the 

22 AmeriCorps programs, including any grantee that has been 

23 determined to have violated the prohibition of using Federal 

24 funds to lobby the Congress: Provided further, That the In25 spector General shall obtain reimbursements in the amount 
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1 of any misused funds from any grantee that has been deter2 mined to have committed any substantial violations of the 

3 requirements of the AmeriCorps programs: Provided fur4 ther, That, for fiscal year 2004 and every year thereafter, 

5 the Corporation shall make any significant changes to pro6 gram requirements or policy only through public notice and 

7 comment rulemaking: Provided further, That, for fiscal year 

8 2004 and every year thereafter, during any grant selection 

9 process, no officer or employee of the Corporation shall 

10 knowingly disclose any covered grant selection information 

11 regarding such selection, directly or indirectly, to any per12 son other than an officer or employee of the Corporation 

13 that is authorized by the Corporation to receive such infor14 mation: Provided further, That the Corporation shall offer 

15 any individual selected after October 31, 2002, for initial 

16 enrollment or reenrollment as a VISTA volunteer under 

17 title I of the Domestic Volunteer Service Act of 1973 (42 

18 U.S.C. 4951 et seq.) the option of receiving a national serv19 ice educational award under subtitle D of title I of the Na20 tional and Community Service Act of 1990 (42 U.S.C. 

21 12601 et seq.)’’ after ‘‘programs’’. 

22 SALARIES AND EXPENSES

23 For necessary expenses (including payment of salaries, 

24 authorized travel, hire of passenger motor vehicles, the rent25 al of conference rooms in the District of Columbia, the em26 ployment of experts and consultants authorized under 5 
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1 U.S.C. 3109, and not to exceed $2,500 for official reception 

2 and representation expenses) involved in carrying out the 

3 National and Community Service Act of 1990 (42 U.S.C. 

4 12501 et seq.) involved in administration as provided under 

5 section 501(a)(4) of the Act, $25,000,000. 

6 OFFICE OF INSPECTOR GENERAL

7 For necessary expenses of the Office of Inspector Gen8 eral in carrying out the Inspector General Act of 1978, as 

9 amended, $6,500,000, to remain available until September 

10 30, 2005. 

11 ADMINISTRATIVE PROVISIONS

12 Notwithstanding any other provision of law, the term 

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

14 education awards shall mean any loan determined by an 

15 institution of higher education to be necessary to cover a 

16 student’s cost of attendance at such institution and made, 

17 insured, or guaranteed directly to a student by a State 

18 agency, in addition to other meanings under section 

19 148(b)(7) of the National and Community Service Act. 

20 Notwithstanding any other provision of law, funds 

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

22 and Community Service Act to assist entities in placing 

23 applicants who are individuals with disabilities may be 

24 provided to any entity that receives a grant under section 

25 121 of the Act. 
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1 UNITED STATES COURTOF APPEALS FOR VETERANS

2 CLAIMS

3 SALARIES AND EXPENSES

4 For necessary expenses for the operation of the United 

5 States Court of Appeals for Veterans Claims as authorized 

6 by 38 U.S.C. 7251–7298, $16,220,000 of which $1,175,000 

7 shall be available for the purpose of providing financial as8 sistance as described, and in accordance with the process 

9 and reporting procedures set forth, under this heading in 

10 Public Law 102–229. 

11 DEPARTMENT OF DEFENSE—CIVIL

12 CEMETERIAL EXPENSES, ARMY

13 SALARIES AND EXPENSES

14 For necessary expenses, as authorized by law, for 

15 maintenance, operation, and improvement of Arlington Na16 tional Cemetery and Soldiers’ and Airmen’s Home Na17 tional Cemetery, including the purchase of two passenger 

18 motor vehicles for replacement only, and not to exceed 

19 $1,000,000 for official reception and representation ex20 penses, $32,000,000, to remain available until expended. 
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1 DEPARTMENT OF HEALTH AND HUMAN SERVICES

2 NATIONAL INSTITUTES OF HEALTH

3 NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH

4 SCIENCES

5 For necessary expenses for the National Institute of 

6 Environmental Health Sciences in carrying out activities 

7 set forth in section 311(a) of the Comprehensive Environ8 mental Response, Compensation, and Liability Act of 1980, 

9 as amended, and section 126(g) of the Superfund Amend10 ments and Reauthorization Act of 1986, $78,774,000. 

11 AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY

12 TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC HEALTH

13 For necessary expenses for the Agency for Toxic Sub14 stances and Disease Registry (ATSDR) in carrying out ac15 tivities set forth in sections 104(i), 111(c)(4), and 

16 111(c)(14) of the Comprehensive Environmental Response, 

17 Compensation, and Liability Act of 1980 (CERCLA), as 

18 amended; section 118(f) of the Superfund Amendments and 

19 Reauthorization Act of 1986 (SARA), as amended; and sec20 tion 3019 of the Solid Waste Disposal Act, as amended, 

21 $73,467,000, which may be derived to the extent funds are 

22 available from the Hazardous Substance Superfund Trust 

23 Fund pursuant to section 517(a) of SARA (26 U.S.C. 

24 9507): Provided, That notwithstanding any other provision 

25 of law, in lieu of performing a health assessment under sec-
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1 tion 104(i)(6) of CERCLA, the Administrator of ATSDR 

2 may conduct other appropriate health studies, evaluations, 

3 or activities, including, without limitation, biomedical test4 ing, clinical evaluations, medical monitoring, and referral 

5 to accredited health care providers: Provided further, That 

6 in performing any such health assessment or health study, 

7 evaluation, or activity, the Administrator of ATSDR shall 

8 not be bound by the deadlines in section 104(i)(6)(A) of 

9 CERCLA: Provided further, That none of the funds appro10 priated under this heading shall be available for ATSDR 

11 to issue in excess of 40 toxicological profiles pursuant to 

12 section 104(i) of CERCLA during fiscal year 2004, and ex13 isting profiles may be updated as necessary. 

14 ENVIRONMENTAL PROTECTION AGENCY

15 SCIENCE AND TECHNOLOGY

16 For science and technology, including research and de17 velopment activities, which shall include research and devel18 opment activities under the Comprehensive Environmental 

19 Response, Compensation, and Liability Act of 1980, as 

20 amended; necessary expenses for personnel and related costs 

21 and travel expenses, including uniforms, or allowances 

22 therefor, as authorized by 5 U.S.C. 5901–5902; services as 

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

24 not to exceed the per diem rate equivalent to the maximum 

25 rate payable for senior level positions under 5 U.S.C. 5376; 
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1 procurement of laboratory equipment and supplies; other 

2 operating expenses in support of research and development; 

3 construction, alteration, repair, rehabilitation, and renova4 tion of facilities, not to exceed $75,000 per project, 

5 $715,579,000, which shall remain available until September 

6 30, 2005. 

7 ENVIRONMENTAL PROGRAMS AND MANAGEMENT

8 For environmental programs and management, in9 cluding necessary expenses, not otherwise provided for, for 

10 personnel and related costs and travel expenses, including 

11 uniforms, or allowances therefor, as authorized by 5 U.S.C. 

12 5901–5902; services as authorized by 5 U.S.C. 3109, but 

13 at rates for individuals not to exceed the per diem rate 

14 equivalent to the maximum rate payable for senior level po15 sitions under 5 U.S.C. 5376; hire of passenger motor vehi16 cles; hire, maintenance, and operation of aircraft; purchase 

17 of reprints; library memberships in societies or associations 

18 which issue publications to members only or at a price to 

19 members lower than to subscribers who are not members; 

20 construction, alteration, repair, rehabilitation, and renova21 tion of facilities, not to exceed $75,000 per project; and not 

22 to exceed $9,000 for official reception and representation 

23 expenses, $2,219,659,000, which shall remain available 

24 until September 30, 2005, including administrative costs 

25 of the brownfields program under theSmall Business Liabil26 ity Relief and Brownfields Revitalization Act of 2002, of 
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1 which, in addition to any other amounts provided under 

2 this heading for the Office of Enforcement and Compliance 

3 Assurance, $5,400,000 shall be made available for that of4 fice. 

5 OFFICE OF INSPECTOR GENERAL

6 For necessary expenses of the Office of Inspector Gen7 eral in carrying out the provisions of the Inspector General 

8 Act of 1978, as amended, and for construction, alteration, 

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

10 exceed $75,000 per project, $36,808,000, to remain available 

11 until September 30, 2005. 

12 BUILDINGS AND FACILITIES

13 For construction, repair, improvement, extension, al14 teration, and purchase of fixed equipment or facilities of, 

15 or for use by, the Environmental Protection Agency, 

16 $42,918,000, to remain available until expended. 

17 HAZARDOUS SUBSTANCE SUPERFUND

18 (INCLUDING TRANSFERS OF FUNDS)

19 For necessary expenses to carry out the Comprehensive 

20 Environmental Response, Compensation, and Liability Act 

21 of 1980 (CERCLA), as amended, including sections 

22 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C. 9611), and 

23 for construction, alteration, repair, rehabilitation, and ren24 ovation of facilities, not to exceed $75,000 per project; 

25 $1,265,000,000 (of which $100,000,000 shall not become 

26 available until September 1, 2003), to remain available 
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1 until expended, consisting of such sums as are available in 

2 the Trust Fund as authorized by section 517(a) of the 

3 Superfund Amendments and Reauthorization Act of 1986 

4 (SARA) and up to $1,265,000,000 as a payment from gen5 eral revenues to the Hazardous Substance Superfund for 

6 purposes as authorized by section 517(b) of SARA, as 

7 amended: Provided, That funds appropriated under this 

8 heading may be allocated to other Federal agencies in ac9 cordance with section 111(a) of CERCLA: Provided further, 

10 That of the funds appropriated under this heading, 

11 $13,214,000 shall be transferred to the ‘‘Office of Inspector 

12 General’’ appropriation to remain available until Sep13 tember 30, 2005, and $45,000,000 shall be transferred to 

14 the ‘‘Science and technology’’ appropriation to remain 

15 available until September 30, 2005. 

16 LEAKING UNDERGROUND STORAGE TANK PROGRAM

17 For necessary expenses to carry out leaking under18 ground storage tank cleanup activities authorized by section 

19 205 of the Superfund Amendments and Reauthorization Act 

20 of 1986, and for construction, alteration, repair, rehabilita21 tion, and renovation of facilities, not to exceed $75,000 per 

22 project, $72,545,000, to remain available until expended. 

23 OIL SPILL RESPONSE

24 For expenses necessary to carry out the Environmental 

25 Protection Agency’s responsibilities under the Oil Pollution 
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1 Act of 1990, $16,209,000, to be derived from the Oil Spill 

2 Liability trust fund, to remain available until expended. 

3 STATE AND TRIBAL ASSISTANCE GRANTS

4 For environmental programs and infrastructure as5 sistance, including capitalization grants for State revolving 

6 funds and performance partnership grants, $3,814,000,000, 

7 to remain available until expended, of which 

8 $1,350,000,000 shall be for making capitalization grants for 

9 the Clean Water State Revolving Funds under title VI of 

10 the Federal Water Pollution Control Act, as amended (the 

11 ‘‘Act’’); $850,000,000 shall be for capitalization grants for 

12 the Drinking Water State Revolving Funds under section 

13 1452 of the Safe Drinking Water Act, as amended, except 

14 that, notwithstanding section 1452(n) of the Safe Drinking 

15 Water Act, as amended, none of the funds made available 

16 under this heading in this Act, or in previous appropria17 tions Acts, shall be reserved by the Administrator for health 

18 effects studies on drinking water contaminants; $50,000,000 

19 shall be for architectural, engineering, planning, design, 

20 construction and related activities in connection with the 

21 construction of high priority water and wastewater facili22 ties in the area of the United States-Mexico Border, after 

23 consultation with the appropriate border commission; 

24 $45,000,000 shall be for grants to the State of Alaska to 

25 address drinking water and wastewater infrastructure 

26 needs of rural and Alaska Native Villages: Provided, That, 
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1 of these funds (1) 25 percent will be set aside for regional 

2 hub communities of populations over 1,000 but under 5,000, 

3 (2) the State of Alaska shall provide a match of 25 percent, 

4 (3) no more than 5 percent of the fund may be used for 

5 administrative and overhead expenses, and (4) a statewide 

6 priority list shall be established which shall remain in effect 

7 for at least three years; $3,500,000 shall be for remediation 

8 of above ground leaking fuel tanks pursuant to Public Law 

9 106–554; $130,000,000 shall be for making grants for the 

10 construction of drinking water, wastewater and storm water 

11 infrastructure and for water quality protection in accord12 ance with the terms and conditions specified for such grants 

13 in the committee report accompanying this Act, and, not14 withstanding any other provision of law, heretofore and 

15 hereafter, projects awarded such grants under this heading 

16 that also receive loans from a State water pollution control 

17 or drinking water revolving fund may be administered in 

18 accordance with applicable State water pollution control or 

19 drinking water revolving fund administrative and proce20 dural requirements, and, for purposes of these grants, each 

21 grantee shall contribute not less than 45 percent of the cost 

22 of the project unless the grantee is approved for a waiver 

23 by the Administrator of the Environmental Protection 

24 Agency; $100,500,000 shall be to carry out section 104(k) 

25 of the Comprehensive Environmental Response, Compensa-
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1 tion, and Liability Act of 1980 (CERCLA), as amended, 

2 including grants, interagency agreements, and associated 

3 program support costs; and $1,130,000,000 shall be for 

4 grants, including associated program support costs, to 

5 States, federally recognized tribes, interstate agencies, tribal 

6 consortia, and air pollution control agencies for multi7 media or single media pollution prevention, control and 

8 abatement and related activities, including activities pursu9 ant to the provisions set forth under this heading in Public 

10 Law 104–134, and for making grants under section 103 of 

11 the Clean Air Act for particulate matter monitoring and 

12 data collection activities of which and subject to terms and 

13 conditions specified by the Administrator, of which 

14 $60,000,000 shall be for carrying out section 128 of 

15 CERCLA, as amended, and $20,000,000 shall be for Envi16 ronmental Information Exchange Network grants, includ17 ing associated program support costs: Provided, That for 

18 fiscal year 2004, State authority under section 302(a) of 

19 Public Law 104–182 shall remain in effect: Provided fur20 ther, That notwithstanding section 603(d)(7) of the Act, the 

21 limitation on the amounts in a State water pollution con22 trol revolving fund that may be used by a State to admin23 ister the fund shall not apply to amounts included as prin24 cipal in loans made by such fund in fiscal year 2004 and 

25 prior years where such amounts represent costs of admin-
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1 istering the fund to the extent that such amounts are or 

2 were deemed reasonable by the Administrator, accounted for 

3 separately from other assets in the fund, and used for eligi4 ble purposes of the fund, including administration: Pro5 vided further, That for fiscal year 2004, and notwith6 standing section 518(f) of the Act, the Administrator is au7 thorized to use the amounts appropriated for any fiscal year 

8 under section 319 of that Act to make grants to Indian 

9 tribes pursuant to sections 319(h) and 518(e) of that Act: 

10 Provided further, That for fiscal year 2004, notwith11 standing the limitation on amounts in section 518(c) of the 

Act, up to a total of 11 12 ⁄2 percent of the funds appropriated 

13 for State Revolving Funds under title VI of that Act may 

14 be reserved by the Administrator for grants under section 

15 518(c) of such Act: Provided further, That no funds pro16 vided by this legislation to address the water, wastewater 

17 and other critical infrastructure needs of the colonias in 

18 the United States along the United States-Mexico border 

19 shall be made available to a county or municipal govern20 ment unless that government has established an enforceable 

21 local ordinance, or other zoning rule, which prevents in that 

22 jurisdiction the development or construction of any addi23 tional colonia areas, or the development within an existing 

24 colonia the construction of any new home, business, or other 

25 structure which lacks water, wastewater, or other necessary 
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1 infrastructure: Provided further, That the referenced state2 ment of the managers under this heading in Public Law 

3 106–377 is deemed to be amended by striking ‘‘wastewater’’ 

4 in reference to item number 219 and inserting ‘‘water’’: 

5 Provided further, That the referenced statement of the man6 agers under this heading in Public Law 108–7 is deemed 

7 to be amended by striking ‘‘wastewater’’ in reference to item 

8 number 409 and inserting ‘‘water’’. 

9 ADMINISTRATIVE PROVISIONS

10 For fiscal year 2004, notwithstanding 31 U.S.C. 

11 6303(1) and 6305(1), the Administrator of the Environ12 mental Protection Agency, in carrying out the Agency’s 

13 function to implement directly Federal environmental pro14 grams required or authorized by law in the absence of an 

15 acceptable tribal program, may award cooperative agree16 ments to federally-recognized Indian Tribes or Intertribal 

17 consortia, if authorized by their member Tribes, to assist 

18 the Administrator in implementing Federal environmental 

19 programs for Indian Tribes required or authorized by law, 

20 except that no such cooperative agreements may be awarded 

21 from funds designated for State financial assistance agree22 ments. 

23 Notwithstanding CERCLA 104(k)(4)(B)(i)(IV), ap24 propriated funds may hereafter be used to award grants 

25 or loans under section 104(k) of CERCLA to eligible entities 

26 that satisfy all of the elements set forth in CERCLA section 
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1 101(40) to qualify as a bona fide prospective purchaser ex2 cept that the date of acquisition of the property was prior 

3 to the date of enactment of the Small Business Liability 

4 Relief and Brownfield Revitalization Act of 2001. 

5 For fiscal year 2004, notwithstanding any other provi6 sion of law, recipients of grants awarded under section 

7 104(k) of the Comprehensive Environmental Response, 

8 Compensation, and Liability Act of 1980 (42 U.S.C. 9601 

9 et seq.) may use funds for reasonable administrative costs, 

10 as determined by the Administrator of the Environmental 

11 Protection Agency. 

12 Section 209(e)(1) of the Clean Air Act (42 U.S.C. 

13 7543(e)(1)) is amended by—

14 (1) striking the words ‘‘either of’’; and 

15 (2) in subparagraph (A), adding before the pe16 riod at the end the following: ‘‘, and any new spark17 ignition engines smaller than 50 horsepower’’. 

18 Not later than December 1, 2004, the Administrator of the 

19 Environmental Protection Agency shall propose regulations 

20 containing new standards applicable to emissions from new 

21 nonroad spark-ignition engines smaller than 50 horsepower. 

22 DESIGNATIONS OF AREAS FOR PM2.5 AND SUBMISSION OF

23 IMPLEMENTATION PLANS FOR REGIONAL HAZE. 

24 (a) IN GENERAL.—Section 107(d) of the Clean Air Act 

25 (42 U.S.C. 7407(d)) is amended by adding at the end the 

26 following: 
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1 ‘‘(6) DESIGNATIONS.—

2 ‘‘(A) SUBMISSION.—Notwithstanding any 

3 other provision of law, not later than February 

4 15, 2004, the Governor of each State shall submit 

5 designations referred to in paragraph (1) for the 

6 July 1997 PM2.5 national ambient air quality 

7 standards for each area within the State, based 

8 on air quality monitoring data collected in ac9 cordance with any applicable Federal reference 

10 methods for the relevant areas. 

11 ‘‘(B) PROMULGATION.—Notwithstanding 

12 any other provision of law, not later than De13 cember 31, 2004, the Administrator shall, con14 sistent with paragraph (1), promulgate the des15 ignations referred to in subparagraph (A) for 

16 each area of each State for the July 1997 PM2.5

17 national ambient air quality standards. 

18 ‘‘(7) IMPLEMENTATION PLAN FOR REGIONAL

19 HAZE.—

20 ‘‘(A) IN GENERAL.—Notwithstanding any 

21 other provision of law, not later than 3 years 

22 after the date on which the Administrator pro23 mulgates the designations referred to in para24 graph (6)(B) for a State, the State shall submit, 

25 for the entire State, the State implementation 
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1 plan revisions to meet the requirements promul2 gated by the Administrator under section 

3 169B(e)(1) (referred to in this paragraph as ‘re4 gional haze requirements’). 

5 ‘‘(B) NO PRECLUSION OF OTHER PROVI6 SIONS.—Nothing in this paragraph precludes the 

7 implementation of the agreements and rec8 ommendations stemming from the Grand Can9 yon Visibility Transport Commission Report 

10 dated June 1996, including the submission of 

11 State implementation plan revisions by the 

12 States of Arizona, California, Colorado, Idaho, 

13 Nevada, New Mexico, Oregon, Utah, or Wyoming 

14 by December 31, 2003, for implementation of re15 gional haze requirements applicable to those 

16 States.’’. 

17 (b) RELATIONSHIP TO TRANSPORTATION EQUITY ACT

18 FOR THE 21ST CENTURY.—Except as provided in para19 graphs (6) and (7) of section 107(d) of the Clean Air Act 

20 (as added by subsection (a)), section 6101, subsections (a) 

21 and (b) of section 6102, and section 6103 of the Transpor22 tation Equity Act for the 21st Century (42 U.S.C. 7407 

23 note; 112 Stat. 463), as in effect on the day before the date 

24 of enactment of this Act, shall remain in effect. 
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1 EXECUTIVE OFFICE OF THE PRESIDENT

2 OFFICE OF SCIENCE AND TECHNOLOGY POLICY

3 For necessary expenses of the Office of Science and 

4 Technology Policy, in carrying out the purposes of the Na5 tional Science and Technology Policy, Organization, and 

6 Priorities Act of 1976 (42 U.S.C. 6601 and 6671), hire of 

7 passenger motor vehicles, and services as authorized by 5 

8 U.S.C. 3109, not to exceed $2,500 for official reception and 

9 representation expenses, and rental of conference rooms in 

10 the District of Columbia, $7,027,000. 

11 COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF

12 ENVIRONMENTAL QUALITY

13 For necessary expenses to continue functions assigned 

14 to the Council on Environmental Quality and Office of En15 vironmental Quality pursuant to the National Environ16 mental Policy Act of 1969, the Environmental Quality Im17 provement Act of 1970, and Reorganization Plan No. 1 of 

18 1977, and not to exceed $750 for official reception and rep19 resentation expenses, $3,238,000: Provided, That, notwith20 standing section 202 of the National Environmental Policy 

21 Act of 1970, the Council shall consist of one member, ap22 pointed by the President, by and with the advice and con23 sent of the Senate, serving as chairman and exercising all 

24 powers, functions, and duties of the Council. 
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1 FEDERAL DEPOSIT INSURANCE CORPORATION

2 OFFICE OF INSPECTOR GENERAL

3 For necessary expenses of the Office of Inspector Gen4 eral in carrying out the provisions of the Inspector General 

5 Act of 1978, as amended, $30,848,000, to be derived from 

6 the Bank Insurance Fund, the Savings Association Insur7 ance Fund, and the FSLIC Resolution Fund. 

8 GENERAL SERVICES ADMINISTRATION

9 FEDERAL CITIZEN INFORMATION CENTER FUND

10 For necessary expenses of the Federal Citizen Informa11 tion Center, including services authorized by 5 U.S.C. 3109, 

12 $14,000,000, to be deposited into the Federal Citizen Infor13 mation Center Fund: Provided, That the appropriations, 

14 revenues, and collections deposited into the Fund shall be 

15 available for necessary expenses of Federal Citizen Informa16 tion Center activities in the aggregate amount not to exceed 

17 $21,000,000. Appropriations, revenues, and collections ac18 cruing to this Fund during fiscal year 2004 in excess of 

19 $21,000,000 shall remain in the Fund and shall not be 

20 available for expenditure except as authorized in appro21 priations Acts. 
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1 UNITED STATES INTERAGENCY COUNCIL ON

2 HOMELESSNESS

3 OPERATING EXPENSES

4 For necessary expenses (including payment of salaries, 

5 authorized travel, hire of passenger motor vehicles, the rent6 al of conference rooms in the District of Columbia, and the 

7 employment of experts and consultants under section 3109 

8 of title 5, United States Code) of the Interagency Council 

9 on the Homeless in carrying out the functions pursuant to 

10 title II of the McKinney-Vento Homeless Assistance Act, as 

11 amended, $1,500,000. 

12 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

13 SPACE FLIGHTCAPABILITIES

14 For necessary expenses, not otherwise provided for, in 

15 the conduct and support of space flight capabilities research 

16 and development activities, including research, develop17 ment, operations, support and services; maintenance; con18 struction of facilities including repair, rehabilitation, revi19 talization and modification of facilities, construction of new 

20 facilities and additions to existing facilities, facility plan21 ning and design, and acquisition or condemnation of real 

22 property, as authorized by law; environmental compliance 

23 and restoration; space flight, spacecraft control and commu24 nications activities including operations, production, and 

25 services; program management; personnel and related costs, 
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1 including uniforms or allowances therefor, as authorized by 

2 5 U.S.C. 5901–5902; travel expenses; purchase and hire of 

3 passenger motor vehicles; not to exceed $35,000 for official 

4 reception and representation expenses; and purchase, lease, 

5 charter, maintenance and operation of mission and admin6 istrative aircraft, $7,582,100,000, to remain available until 

7 September 30, 2005, of which no less than $3,968,000,000 

8 shall be available for activities related to the Space Shuttle 

9 and shall not be available for transfer to any other program 

10 or account, and no more than $1,507,000,000 shall be avail11 able for activities related to the International Space Sta12 tion. 

13 SCIENCE, AERONAUTICS AND EXPLORATION

14 (INCLUDING TRANSFER OF FUNDS)

15 For necessary expenses, not otherwise provided for, in 

16 the conduct and support of science, aeronautics and explo17 ration research and development activities, including re18 search, development, operations, support and services; 

19 maintenance; construction of facilities including repair, re20 habilitation, revitalization, and modification of facilities, 

21 construction of new facilities and additions to existing fa22 cilities, facility planning and design, and restoration, and 

23 acquisition or condemnation of real property, as authorized 

24 by law; environmental compliance and restoration; space 

25 flight, spacecraft control and communications activities in26 cluding operations, production, and services; program man-
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1 agement; personnel and related costs, including uniforms 

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

3 5902; travel expenses; purchase and hire of passenger motor 

4 vehicles; not to exceed $35,000 for official reception and rep5 resentation expenses; and purchase, lease, charter, mainte6 nance and operation of mission and administrative air7 craft, $7,730,507,000, to remain available until September 

8 30, 2005, of which amounts as determined by the Adminis9 trator for salaries and benefits; training, travel and 

10 awards; facility and related costs; information technology 

11 services; science, engineering, fabricating and testing serv12 ices; and other administrative services may be transferred 

13 to ‘‘Space flight capabilities’’ in accordance with section 

14 312(b) of the National Aeronautics and Space Act of 1958, 

15 as amended by Public Law 106–377. 

16 OFFICE OF INSPECTOR GENERAL

17 For necessary expenses of the Office of Inspector Gen18 eral in carrying out the Inspector General Act of 1978, as 

19 amended, $26,300,000. 

20 ADMINISTRATIVE PROVISIONS

21 Notwithstanding the limitation on the availability of 

22 funds appropriated for ‘‘Science, aeronautics and explo23 ration’’, or ‘‘Space flight capabilities’’ by this appropria24 tions Act, when any activity has been initiated by the in25 currence of obligations for construction of facilities as au26 thorized by law, such amount available for such activity 
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1 shall remain available until expended. This provision does 

2 not apply to the amounts appropriated for institutional 

3 minor revitalization and construction of facilities, and in4 stitutional facility planning and design. 

5 Notwithstanding the limitation on the availability of 

6 funds appropriated for ‘‘Science, aeronautics and explo7 ration’’, or ‘‘Space flight capabilities’’ by this appropria8 tions Act, the amounts appropriated for construction of fa9 cilities shall remain available until September 30, 2006. 

10 From amounts made available in this Act for these ac11 tivities, the Administration may transfer amounts between 

12 aeronautics from the ‘‘Science, aeronautics and explo13 ration’’ account to the ‘‘Space flight capabilities’’ account, 

14 provided NASA meets all reprogramming requirements. 

15 Funds for announced prizes otherwise authorized shall 

16 remain available, without fiscal year limitation, until the 

17 prize is claimed or the offer is withdrawn. 

18 NASA shall maintain a working capital fund in the 

19 United States Treasury and report to the Congress on the 

20 status of this fund by January 31, 2004. Amounts in the 

21 fund are available for financing activities, services, equip22 ment, information, and facilities as authorized by law to 

23 be provided within the Administration; to other agencies 

24 or instrumentalities of the United States; to any State, Ter25 ritory, or possession or political subdivision thereof; to other 
224

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1 public or private agencies; or to any person, firm, associa2 tion, corporation, or educational institution on a reimburs3 able basis. The fund shall also be available for the purpose 

4 of funding capital repairs, renovations, rehabilitation, 

5 sustainment, demolition, or replacement of NASA real 

6 property, on a reimbursable basis within the Administra7 tion. Amounts in the fund are available without regard to 

8 fiscal year limitation. The capital of the fund consists of 

9 amounts appropriated to the fund; the reasonable value of 

10 stocks of supplies, equipment, and other assets and inven11 tories on order that the Administrator transfers to the fund, 

12 less the related liabilities and unpaid obligations; and pay13 ments received for loss or damage to property of the fund. 

14 The fund shall be reimbursed, in advance, for supplies and 

15 services at rates that will approximate the expenses of oper16 ation, such as the accrual of annual leave, depreciation of 

17 plant, property and equipment, and overhead. 

18 The unexpired balances of prior appropriations to 

19 NASA for activities for which funds are provided under this 

20 Act may be transferred to the new account established for 

21 the appropriation that provides such activity under this 

22 Act. Balances so transferred may be merged with funds in 

23 the newly established account and thereafter may be ac24 counted for as one fund under the same terms and condi25 tions. 
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1 Notwithstanding any other provision of law, no funds 

2 under this Act or any other Act may be used to compensate 

3 any person who contracts with NASA who has otherwise 

4 chosen to retire early or has taken a buy-out. 

5 NATIONAL CREDIT UNION ADMINISTRATION

6 CENTRAL LIQUIDITY FACILITY

7 During fiscal year 2004, gross obligations of the Cen8 tral Liquidity Facility for the principal amount of new di9 rect loans to member credit unions, as authorized by 12 

10 U.S.C. 1795 et seq., shall not exceed $1,500,000,000: Pro11 vided, That administrative expenses of the Central Liquid12 ity Facility in fiscal year 2004 shall not exceed $310,000. 

13 COMMUNITY DEVELOPMENT REVOLVING LOAN FUND

14 For the Community Development Revolving Loan 

15 Fund program as authorized by 42 U.S.C. 9812, 9822 and 

16 9910, $1,500,000 shall be available: Provided, That of this 

17 amount $700,000, together with amounts of principal and 

18 interest on loans repaid, is available until expended for 

19 loans to community development credit unions, and 

20 $800,000 is available until September 30, 2005 for technical 

21 assistance to low-income and community development cred22 it unions. 

23 NATIONAL SCIENCE FOUNDATION

24 RESEARCH AND RELATED ACTIVITIES

25 For necessary expenses in carrying out the National 

26 Science Foundation Act of 1950, as amended (42 U.S.C. 
226

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1 1861–1875), and the Act to establish a National Medal of 

2 Science (42 U.S.C. 1880–1881); services as authorized by 

3 5 U.S.C. 3109; maintenance and operation of aircraft and 

4 purchase of flight services for research support; acquisition 

5 of aircraft; and authorized travel; $4,220,610,000, of which 

6 not to exceed $341,730,000 shall remain available until ex7 pended for Polar research and operations support, and for 

8 reimbursement to other Federal agencies for operational 

9 and science support and logistical and other related activi10 ties for the United States Antarctic program; the balance 

11 to remain available until September 30, 2005: Provided, 

12 That receipts for scientific support services and materials 

13 furnished by the National Research Centers and other Na14 tional Science Foundation supported research facilities 

15 may be credited to this appropriation: Provided further, 

16 That to the extent that the amount appropriated is less than 

17 the total amount authorized to be appropriated for included 

18 program activities, all amounts, including floors and ceil19 ings, specified in the authorizing Act for those program ac20 tivities or their subactivities shall be reduced proportion21 ally: Provided further, That $90,000,000 of the funds avail22 able under this heading shall be made available for a com23 prehensive research initiative on plant genomes for eco24 nomically significant crops. 
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1 MAJOR RESEARCH EQUIPMENTAND FACILITIES

2 CONSTRUCTION

3 For necessary expenses for the acquisition, construc4 tion, commissioning, and upgrading of major research 

5 equipment, facilities, and other such capital assets pursuant 

6 to the National Science Foundation Act of 1950, as amend7 ed, including authorized travel, $149,680,000, to remain 

8 available until expended. 

9 EDUCATION AND HUMAN RESOURCES

10 For necessary expenses in carrying out science and en11 gineering education and human resources programs and ac12 tivities pursuant to the National Science Foundation Act 

13 of 1950, as amended (42 U.S.C. 1861–1875), including 

14 services as authorized by 5 U.S.C. 3109, authorized travel, 

15 and rental of conference rooms in the District of Columbia, 

16 $975,870,000, to remain available until September 30, 

17 2005: Provided, That to the extent that the amount of this 

18 appropriation is less than the total amount authorized to 

19 be appropriated for included program activities, all 

20 amounts, including floors and ceilings, specified in the au21 thorizing Act for those program activities or their subactivi22 ties shall be reduced proportionally. 

23 SALARIES AND EXPENSES

24 For salaries and expenses necessary in carrying out 

25 the National Science Foundation Act of 1950, as amended 

26 (42 U.S.C. 1861–1875); services authorized by 5 U.S.C. 
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1 3109; hire of passenger motor vehicles; not to exceed $9,000 

2 for official reception and representation expenses; uniforms 

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

4 5902; rental of conference rooms in the District of Colum5 bia; and reimbursement of the General Services Adminis6 tration for security guard services; $225,700,000: Provided, 

7 That contracts may be entered into under ‘‘Salaries and 

8 expenses’’ in fiscal year 2004 for maintenance and oper9 ation of facilities, and for other services, to be provided dur10 ing the next fiscal year. 

11 OFFICE OF THE NATIONAL SCIENCE BOARD

12 For necessary expenses (including payment of salaries, 

13 authorized travel, hire of passenger motor vehicles, the rent14 al of conference rooms in the District of Columbia, and the 

15 employment of experts and consultants under section 3109 

16 of title 5, United States Code) involved in carrying out sec17 tion 4 of the National Science Foundation Act of 1950 (42 

18 U.S.C. 1863) and Public Law 86–209 (42 U.S.C. 1880 et 

19 seq.), $3,900,000: Provided, That not more than $9,000 

20 shall be available for official reception and representation 

21 expenses. 

22 OFFICE OF INSPECTOR GENERAL

23 For necessary expenses of the Office of Inspector Gen24 eral as authorized by the Inspector General Act of 1978, 

25 as amended, $10,000,000, to remain available until Sep26 tember 30, 2005. 
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1 NEIGHBORHOOD REINVESTMENT CORPORATION

2 PAYMENT TO THE NEIGHBORHOOD REINVESTMENT

3 CORPORATION

4 For payment to the Neighborhood Reinvestment Cor5 poration for use in neighborhood reinvestment activities, as 

6 authorized by the Neighborhood Reinvestment Corporation 

7 Act (42 U.S.C. 8101–8107), $115,000,000, of which 

8 $5,000,000 shall be for a multi-family rental housing pro9 gram. 

10 ADMINISTRATIVE PROVISION

11 Section 605(a) of the Neighborhood Reinvestment Cor12 poration Act (42 U.S.C. 8104) is amended by—

13 (1) striking out ‘‘compensation’’ and inserting 

14 ‘‘salary’’; and striking out ‘‘highest rate provided for 

15 GS–18 of the General Schedule under section 5332 of 

16 title 5 United States Code’’; and inserting ‘‘rate for 

17 level IV of the Executive Schedule’’; and 

18 (2) inserting after the end the following sentence: 

19 ‘‘The Corporation shall also apply the provisions of 

20 section 5307(a)(1), (b)(1) and (b)(2) of title 5, United 

21 States Code, governing limitations on certain pay as 

22 if its employees were Federal employees receiving 

23 payments under title 5.’’. 
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1 SELECTIVE SERVICE SYSTEM

2 SALARIES AND EXPENSES

3 For necessary expenses of the Selective Service System, 

4 including expenses of attendance at meetings and of train5 ing for uniformed personnel assigned to the Selective Serv6 ice System, as authorized by 5 U.S.C. 4101–4118 for civil7 ian employees; purchase of uniforms, or allowances therefor, 

8 as authorized by 5 U.S.C. 5901–5902; hire of passenger 

9 motor vehicles; services as authorized by 5 U.S.C. 3109; and 

10 not to exceed $750 for official reception and representation 

11 expenses; $26,308,000: Provided, That during the current 

12 fiscal year, the President may exempt this appropriation 

13 from the provisions of 31 U.S.C. 1341, whenever the Presi14 dent deems such action to be necessary in the interest of 

15 national defense: Provided further, That none of the funds 

16 appropriated by this Act may be expended for or in connec17 tion with the induction of any person into the Armed Forces 

18 of the United States: Provided further, That none of the 

19 funds appropriated under this heading may be used in di20 rect support of the Corporation for National and Commu21 nity Service. 

22 TITLE IV—GENERAL PROVISIONS 

23 SEC. 401. No part of any appropriation contained in 

24 this Act shall remain available for obligation beyond the 

25 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, or 

6 is part of, a voucher or abstract which describes 

7 the payee or payees and the items or services for 

8 which such expenditure is being made; or 

9 (B) the expenditure of funds pursuant to 

10 such certification, and without such a voucher or 

11 abstract, is specifically authorized by law; and 

12 (2) unless such expenditure is subject to audit by 

13 the General Accounting Office or is specifically ex14 empt by law from such audit. 

15 SEC. 403. None of the funds provided in this Act to 

16 any department or agency may be obligated or expended 

17 for: (1) the transportation of any officer or employee of such 

18 department or agency between the domicile and the place 

19 of employment of the officer or employee, with the exception 

20 of an officer or employee authorized such transportation 

21 under 31 U.S.C. 1344 or 5 U.S.C. 7905; or (2) to provide 

22 a cook, chauffeur, or other personal servants to any officer 

23 or employee of such department or agency. 

24 SEC. 404. None of the funds provided in this Act may 

25 be used for payment, through grants or contracts, to recipi-
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1 ents that do not share in the cost of conducting research 

2 resulting from proposals not specifically solicited by the 

3 Government: Provided, That the extent of cost sharing by 

4 the recipient shall reflect the mutuality of interest of the 

5 grantee or contractor and the Government in the research. 

6 SEC. 405. None of the funds provided in this Act may 

7 be used, directly or through grants, to pay or to provide 

8 reimbursement for payment of the salary of a consultant 

9 (whether retained by the Federal Government or a grantee) 

10 at more than the daily equivalent of the rate paid for level 

11 IV of the Executive Schedule, unless specifically authorized 

12 by law. 

13 SEC. 406. None of the funds provided in this Act may 

14 be used to pay the expenses of, or otherwise compensate, 

15 non-Federal parties intervening in regulatory or adjudica16 tory proceedings. Nothing herein affects the authority of the 

17 Consumer Product Safety Commission pursuant to section 

18 7 of the Consumer Product Safety Act (15 U.S.C. 2056 et 

19 seq.). 

20 SEC. 407. Except as otherwise provided under existing 

21 law, or under an existing Executive order issued pursuant 

22 to an existing law, the obligation or expenditure of any ap23 propriation under this Act for contracts for any consulting 

24 service shall be limited to contracts which are: (1) a matter 

25 of public record and available for public inspection; and 
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1 (2) thereafter included in a publicly available list of all con2 tracts entered into within 24 months prior to the date on 

3 which the list is made available to the public and of all 

4 contracts on which performance has not been completed by 

5 such date. The list required by the preceding sentence shall 

6 be updated quarterly and shall include a narrative descrip7 tion of the work to be performed under each such contract. 

8 SEC. 408. Except as otherwise provided by law, no 

9 part of any appropriation contained in this Act shall be 

10 obligated or expended by any executive agency, as referred 

11 to in the Office of Federal Procurement Policy Act (41 

12 U.S.C. 401 et seq.), for a contract for services unless such 

13 executive agency: (1) has awarded and entered into such 

14 contract in full compliance with such Act and the regula15 tions promulgated thereunder; and (2) requires any report 

16 prepared pursuant to such contract, including plans, eval17 uations, studies, analyses and manuals, and any report 

18 prepared by the agency which is substantially derived from 

19 or substantially includes any report prepared pursuant to 

20 such contract, to contain information concerning: (A) the 

21 contract pursuant to which the report was prepared; and 

22 (B) the contractor who prepared the report pursuant to such 

23 contract. 

24 SEC. 409. (a) It is the sense of the Congress that, to 

25 the greatest extent practicable, all equipment and products 
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1 purchased with funds made available in this Act should be 

2 American-made. 

3 (b) In providing financial assistance to, or entering 

4 into any contract with, any entity using funds made avail5 able in this Act, the head of each Federal agency, to the 

6 greatest extent practicable, shall provide to such entity a 

7 notice describing the statement made in subsection (a) by 

8 the Congress. 

9 SEC. 410. None of the funds appropriated in this Act 

10 may be used to implement any cap on reimbursements to 

11 grantees for indirect costs, except as published in Office of 

12 Management and Budget Circular A–21. 

13 SEC. 411. Such sums as may be necessary for fiscal 

14 year 2004 pay raises for programs funded by this Act shall 

15 be absorbed within the levels appropriated in this Act. 

16 SEC. 412. None of the funds made available in this 

17 Act may be used for any program, project, or activity, when 

18 it is made known to the Federal entity or official to which 

19 the funds are made available that the program, project, or 

20 activity is not in compliance with any Federal law relating 

21 to risk assessment, the protection of private property rights, 

22 or unfunded mandates. 

23 SEC. 413. Except in the case of entities that are funded 

24 solely with Federal funds or any natural persons that are 

25 funded under this Act, none of the funds in this Act shall 
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1 be used for the planning or execution of any program to 

2 pay the expenses of, or otherwise compensate, non-Federal 

3 parties to lobby or litigate in respect to adjudicatory pro4 ceedings funded in this Act. A chief executive officer of any 

5 entity receiving funds under this Act shall certify that none 

6 of these funds have been used to engage in the lobbying of 

7 the Federal Government or in litigation against the United 

8 States unless authorized under existing law. 

9 SEC. 414. No part of any funds appropriated in this 

10 Act shall be used by an agency of the executive branch, other 

11 than for normal and recognized executive-legislative rela12 tionships, for publicity or propaganda purposes, and for 

13 the preparation, distribution or use of any kit, pamphlet, 

14 booklet, publication, radio, television or film presentation 

15 designed to support or defeat legislation pending before the 

16 Congress, except in presentation to the Congress itself. 

17 SEC. 415. All Departments and agencies funded under 

18 this Act are encouraged, within the limits of the existing 

19 statutory authorities and funding, to expand their use of 

20 ‘‘E-Commerce’’ technologies and procedures in the conduct 

21 of their business practices and public service activities. 

22 SEC. 416. None of the funds made available in this 

23 Act may be transferred to any department, agency, or in24 strumentality of the United States Government that is es25 tablished after the date of the enactment of this Act, except 
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1 pursuant to a transfer made by, or transfer authority pro2 vided in, this Act or any other appropriation Act. 

3 SEC. 417. None of the funds provided in this Act to 

4 any department or agency shall be obligated or expended 

5 to procure passenger automobiles as defined in 15 U.S.C. 

6 2001 with an EPA estimated miles per gallon average of 

7 less than 22 miles per gallon. 

8 SEC. 418. SENSE OF THE SENATE. (a) FINDINGS.—

9 The Senate finds that—

10 (1) 30 percent of American families have housing 

11 affordability problems, with 14,300,000 families pay12 ing more than half of their income for housing costs, 

13 and 17,300,000 families paying 30 to 50 percent of 

14 their income towards housing costs; 

15 (2) 9,300,000 American families live in housing 

16 that is overcrowded or distressed; 

17 (3) 3,500,000 households in the United States 

18 will experience homelessness at some point this year, 

19 including 1,350,000 children; 

20 (4) the number of working families who are un21 able to afford adequate housing is increasing, as the 

22 gap between wages and housing costs grows; 

23 (5) there is no county or metropolitan area in 

24 the country where a minimum wage earner can afford 

25 to rent a modest 2-bedroom apartment, and on aver-
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1 age, a family must earn over $15 an hour to afford 

2 modest rental housing, which is almost 3 times the 

3 minimum wage; 

4 (6) section 8 housing vouchers help approxi5 mately 2,000,000 families with children, senior citi6 zens, and disabled individuals afford a safe and de7 cent place to live; 

8 (7) utilization of vouchers is at a high of 96 per9 cent, and is on course to rise to 97 percent in fiscal 

10 year 2004, according to data provided by the Depart11 ment of Housing and Urban Development; 

12 (8) the average cost per voucher has also steadily 

13 increased from just over $6,400 in August of 2002, to 

14 $6,756 in April, 2003, due largely to rising rents in 

15 the private market, and the Congressional Budget Of16 fice estimates that the cost per voucher in fiscal year 

17 2004 will be $7,028, $560 more per voucher than the 

18 estimate contained in the fiscal year 2004 budget re19 quest; and 

20 (9) the congressionally appointed, bipartisan 

21 Millennial Housing Commission found that housing 

22 vouchers are ‘‘the linchpin of a national housing pol23 icy providing very low-income renters access to pri24 vately-owned housing stock’’. 
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1 (b) SENSE OF THE SENATE.—It is the sense of the Sen2 ate that—

3 (1) housing vouchers are a critical resource in 

4 ensuring that families in America can afford safe, de5 cent, and adequate housing; 

6 (2) public housing agencies must retain the abil7 ity to use 100 percent of their authorized vouchers to 

8 help house low-income families; and 

9 (3) the Senate expects the Department of Hous10 ing and Urban Development to take all necessary ac11 tions to encourage full utilization of vouchers, and to 

12 use all legally available resources as needed to support 

13 full funding for housing vouchers in fiscal year 2004, 

14 so that every voucher can be used by a family in 

15 need. 

16 SEC. 419. Section 106(d) of the Housing and Commu17 nity Development Act of 1974 (42 U.S.C. 5306(d)) is 

18 amended—

19 (1) in paragraph (3)(A), by striking ‘‘shall not 

20 exceed 2 percent’’ and inserting ‘‘shall not, subject to 

21 paragraph (6), exceed 3 percent’’; 

22 (2) in paragraph (5), by striking ‘‘not to exceed 

23 1 percent’’ and inserting ‘‘subject to paragraph (6), 

24 not to exceed 3 percent’’; 
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1 (3) by redesignating the second paragraph (5) 

2 and paragraph (6) as paragraphs (7) and (8), respec3 tively; and 

4 (4) by inserting after paragraph (5) the fol5 lowing: 

6 ‘‘(6) Of the amounts received under paragraph 

7 (1), the State may deduct not more than an aggregate 

8 total of 3 percent of such amounts for—

9 ‘‘(A) administrative expenses under para10 graph (3)(A); and 

11 ‘‘(B) technical assistance under paragraph 

12 (5).’’. 

13 SEC. 420. SEWER OVERFLOW CONTROL GRANTS. Sec14 tion 221 of the Federal Water Pollution Control Act (33 

15 U.S.C. 1301) is amended—

16 (1) in subsection (f), by striking ‘‘2002 and 

17 2003’’ and inserting ‘‘2005 and 2006’’; 

18 (2) in subsection (g)(1)—

19 (A) in the paragraph heading, by striking 

20 ‘‘2002’’ and inserting ‘‘2005’’; and 

21 (B) by striking ‘‘2002’’ and inserting 

22 ‘‘2005’’; 

23 (3) in subsection (g)(2)—

24 (A) in the paragraph heading, by striking 

25 ‘‘2003’’ and inserting ‘‘2006’’; and 
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1 (B) by striking ‘‘2003’’ and inserting 

2 ‘‘2006’’; and 

3 (4) in subsection (i), by striking ‘‘2003’’ and in4 serting ‘‘2006’’. 

5 SEC. 421. (a) Congress makes the following findings: 

6 (1) During Operation Desert Shield and Oper7 ation Desert Storm (in this section, collectively re8 ferred to as the ‘‘First Gulf War’’), the regime of Sad9 dam Hussein committed grave human rights abuses 

10 and acts of terrorism against the people of Iraq and 

11 citizens of the United States. 

12 (2) United States citizens who were taken pris13 oner by the regime of Saddam Hussein during the 

14 First Gulf War were brutally tortured and forced to 

15 endure severe physical trauma and emotional abuse. 

16 (3) The regime of Saddam Hussein used civilian 

17 citizens of the United States who were working in the 

18 Persian Gulf region before and during the First Gulf 

19 War as so-called human shields, threatening the per20 sonal safety and emotional well-being of such civil21 ians. 

22 (4) Congress has recognized and authorized the 

23 right of United States citizens, including prisoners of 

24 war, to hold terrorist states, such as Iraq during the 
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1 regime of Saddam Hussein, liable for injuries caused 

2 by such states. 

3 (5) The United States district courts are author4 ized to adjudicate cases brought by individuals in5 jured by terrorist states. 

6 (b) It is the sense of Congress that—

7 (1) notwithstanding section 1503 of the Emer8 gency Wartime Supplemental Appropriations Act, 

9 2003 (Public Law 108–11; 117 Stat. 579) and any 

10 other provision of law, a citizen of the United States 

11 who was a prisoner of war or who was used by the 

12 regime of Saddam Hussein and by Iraq as a so-called 

13 human shield during the First Gulf War should have 

14 the opportunity to have any claim for damages 

15 caused by the regime of Saddam Hussein and by Iraq 

16 incurred by such citizen fully adjudicated in the ap17 propriate United States district court; 

18 (2) any judgment for such damages awarded to 

19 such citizen, or the family of such citizen, should be 

20 fully enforced; and 

21 (3) the Attorney General should enter into nego22 tiations with each such citizen, or the family of each 

23 such citizen, to develop a fair and reasonable method 

24 of providing compensation for the damages each such 

25 citizen incurred, including using assets of the regime 
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1 of Saddam Hussein held by the Government of the 

2 United States or any other appropriate sources to 

3 provide such compensation. 

4 SEC. 422. None of the funds provided in this Act may 

5 be expended to apply, in a numerical estimate of the bene6 fits of an agency action prepared pursuant to Executive 

7 Order 12866 or section 812 of the Clean Air Act, monetary 

8 values for adult premature mortality that differ based on 

9 the age of the adult. 

10 SEC. 423. EXTENSION OF CERTAIN PUBLIC HOUSING/

11 SECTION 8 MOVING TO WORK DEMONSTRATION AGREE12 MENTS. (a) EXTENSION.—The Secretary of Housing and 

13 Urban Development shall extend the term of the Moving to 

14 Work Demonstration Agreement entered into between a pub15 lic housing agency and the Secretary under section 204, 

16 title V, of the Omnibus Consolidated Rescissions and Appro17 priations Act of 1996 (Public Law 104–134, April 26, 

18 1996) if—

19 (1) the public housing agency requests such ex20 tension in writing; 

21 (2) the public housing agency is not at the time 

22 of such request for extension in default under its Mov23 ing to Work Demonstration Agreement; and 
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1 (3) the Moving to Work Demonstration Agree2 ment to be extended would otherwise expire on or be3 fore December 31, 2004. 

4 (b) TERMS.—Unless the Secretary of Housing and 

5 Urban Development and the public housing agency other6 wise agree, the extension under subsection (a) shall be upon 

7 the identical terms and conditions set forth in the extending 

8 agency’s existing Moving to Work Demonstration Agree9 ment, except that for each public housing agency that has 

10 been or will be granted an extension to its original Moving 

11 to Work agreement, the Secretary shall require that data 

12 be collected so that the effect of Moving to Work policy 

13 changes on residents can be measured. 

14 (c) EXTENSION PERIOD.—The extension under sub15 section (a) shall be for such period as is requested by the 

16 public housing agency, not to exceed 3 years from the date 

17 of expiration of the extending agency’s existing Moving to 

18 Work Demonstration Agreement. 

19 (d) BREACH OF AGREEMENT.—Nothing contained in 

20 this section shall limit the authority of the Secretary of 

21 Housing and Urban Development to terminate any Moving 

22 to Work Demonstration Agreement of a public housing 

23 agency if the public housing agency is in breach of the pro24 visions of such agreement. 
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1 SEC. 424. STUDY OF MOVING TO WORK PROGRAM. (a) 

2 IN GENERAL.—The General Accounting Office shall conduct 

3 a study of the Moving to Work demonstration program to 

4 evaluate—

5 (1) whether the statutory goals of the Moving to 

6 Work demonstration program are being met; 

7 (2) the effects policy changes related to the Mov8 ing to Work demonstration program have had on resi9 dents; and 

10 (3) whether public housing agencies partici11 pating in the Moving to Work program are meeting 

12 the requirements of the Moving to Work demonstra13 tion program under law and any agreements with the 

14 Department of Housing and Urban Development. 

15 (b) REPORT.—Not later than 18 months after the date 

16 of enactment of this Act, the General Accounting Office shall 

17 submit to Congress a report on the study conducted under 

18 subsection (a). 

19 SEC. 425. NATIONAL ACADEMY OF SCIENCES STUDY. 

20 The matter under the heading ‘‘ADMINISTRATIVE PROVI21 SIONS’’ under the heading ‘‘ENVIRONMENTAL PROTECTION

22 AGENCY’’ in title III of division K of section 2 of the Con23 solidated Appropriations Resolution, 2003 (117 Stat. 513), 

24 is amended—
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1 (1) in the first sentence of the fifth undesignated 

2 paragraph (beginning ‘‘As soon as’’), by inserting be3 fore the period at the end the following: ‘‘, and the 

4 impact of the final rule entitled ‘Prevention of Sig5 nificant Deterioration (PSD) and Nonattainment 

6 New Source Review (NSR): Equipment Replacement 

7 Provision of the Routine Maintenance, Repair and 

8 Replacement Exclusion’, amending parts 51 and 52 

9 of title 40, Code of Federal Regulations, and pub10 lished in electronic docket OAR-2002-0068 on August 

11 27, 2003’’; and 

12 (2) in the sixth undesignated paragraph (begin13 ning ‘‘The National Academy of Sciences’’), by strik14 ing ‘‘March 3, 2004’’ and inserting ‘‘January 1, 

15 2005’’. 

16 SEC. 426. There shall be made available $500,000 to 

17 the Secretary of Housing and Urban Development for the 

18 purposes of making the grant authorized under section 3 

19 of the Paul and Sheila Wellstone Center for Community 

20 Building Act. 

21 TITLE V—PESTICIDE PRODUCTS AND FEES 

22 SEC. 501. PESTICIDE REGISTRATION. (a) SHORT

23 TITLE.—This title may be cited as the ‘‘Pesticide Registra24 tion Improvement Act of 2003’’. 
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1 (b) REGISTRATION REQUIREMENTS FOR ANTI2 MICROBIAL PESTICIDES.—Section 3(h) of the Federal Insec3 ticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a(h)) 

4 is amended—

5 (1) in paragraph (2)(F), by striking ‘‘90 to 180 

6 days’’ and inserting ‘‘120 days’’; and 

7 (2) in paragraph (3)—

8 (A) in subparagraph (D)(vi), by striking 

9 ‘‘240 days’’ and inserting ‘‘120 days’’; and 

10 (B) in subparagraph (F), by adding at the 

11 end the following: 

12 ‘‘(iv) LIMITATION.—Notwithstanding 

13 clause (ii), the failure of the Administrator 

14 to notify an applicant for an amendment to 

15 a registration for an antimicrobial pesticide 

16 shall not be judicially reviewable in a Fed17 eral or State court if the amendment re18 quires scientific review of data within—

19 ‘‘(I) the time period specified in 

20 subparagraph (D)(vi), in the absence of 

21 a final regulation under subparagraph 

22 (B); or 

23 ‘‘(II) the time period specified in 

24 paragraph (2)(F), if adopted in a final 

25 regulation under subparagraph (B).’’. 
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1 (c) MAINTENANCE FEES.—

2 (1) AMOUNTS FOR REGISTRANTS.—Section 

3 4(i)(5) of the Federal Insecticide, Fungicide, and 

4 Rodenticide Act (7 U.S.C. 136a–1(i)(5)) is amend5 ed—

6 (A) in subparagraph (A)—

7 (i) by striking ‘‘(A) Subject’’ and in8 serting the following: 

9 ‘‘(A) IN GENERAL.—Subject’’; and 

10 (ii) by striking ‘‘of—’’ and all that fol11 lows through ‘‘additional registration’’ and 

12 inserting ‘‘for each registration’’; 

13 (B) in subparagraph (D)—

14 (i) by striking ‘‘(D) The’’ and insert15 ing the following: 

16 ‘‘(D) MAXIMUM AMOUNTOF FEES FOR REG17 ISTRANTS.—The’’; 

18 (ii) in clause (i), by striking ‘‘shall be 

19 $55,000; and’’ and inserting ‘‘shall be—

20 ‘‘(I) for fiscal year 2004, $84,000; 

21 ‘‘(II) for each of fiscal years 2005 and 

22 2006, $87,000; 

23 ‘‘(III) for fiscal year 2007, $68,000; 

24 and 
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1 ‘‘(IV) for fiscal year 2008, $55,000; 

2 and’’; and 

3 (iii) in clause (ii), by striking ‘‘shall 

4 be $95,000.’’ and inserting ‘‘shall be—

5 ‘‘(I) for fiscal year 2004, $145,000; 

6 ‘‘(II) for each of fiscal years 2005 and 

7 2006, $151,000; 

8 ‘‘(III) for fiscal year 2007, $117,000; 

9 and 

10 ‘‘(IV) for fiscal year 2008, $95,000.’’; 

11 and 

12 (C) in subparagraph (E)—

13 (i) by striking ‘‘(E)(i) For’’ and insert14 ing the following: 

15 ‘‘(E) MAXIMUM AMOUNTOF FEES FOR

16 SMALL BUSINESSES.—

17 ‘‘(i) IN GENERAL.—For’’; 

18 (ii) by indenting the margins of sub19 clauses (I) and (II) of clause (i) appro20 priately; and 

21 (iii) in clause (i)—

22 (I) subclause (I), by striking 

23 ‘‘shall be $38,500; and’’ and inserting 

24 ‘‘shall be—
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1 ‘‘(aa) for fiscal year 2004, 

2 $59,000; 

3 ‘‘(bb) for each of fiscal years 

4 2005 and 2006, $61,000; 

5 ‘‘(cc) for fiscal year 2007, 

6 $48,000; and 

7 ‘‘(dd) for fiscal year 2008, 

8 $38,500; and’’; and 

9 (II) in subclause (II), by striking 

10 ‘‘shall be $66,500.’’ and inserting 

11 ‘‘shall be—

12 ‘‘(aa) for fiscal year 2004, 

13 $102,000; 

14 ‘‘(bb) for each of fiscal years 

15 2005 and 2006, $106,000; 

16 ‘‘(cc) for fiscal year 2007, 

17 $82,000; and 

18 ‘‘(dd) for fiscal year 2008, 

19 $66,500.’’. 

20 (2) TOTAL AMOUNT OF FEES.—Section 4(i)(5)(C) 

21 of the Federal Insecticide, Fungicide, and Rodenticide 

22 Act (7 U.S.C. 136(a)–1(i)(5)(C)) is amended—

23 (A) by striking ‘‘(C)(i) The’’ and inserting 

24 the following: 

25 ‘‘(C) TOTAL AMOUNT OF FEES.—The’’; and 
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1 (B) by striking ‘‘aggregate amount’’ and all 

2 that follows through clause (ii) and inserting 

3 ‘‘aggregate amount of—

4 ‘‘(i) for fiscal year 2004, $26,000,000; 

5 ‘‘(ii) for fiscal year 2005, $27,000,000; 

6 ‘‘(iii) for fiscal year 2006, $27,000,000; 

7 ‘‘(iv) for fiscal year 2007, $21,000,000; 

8 and 

9 ‘‘(v) for fiscal year 2008, 

10 $15,000,000.’’. 

11 (3) DEFINITION OF SMALL BUSINESS.—Section 

12 4(i)(5)(E)(ii) of the Federal Insecticide, Fungicide, 

13 and Rodenticide Act (7 U.S.C. 136a–1(i)(5)(E)(ii)) is 

14 amended—

15 (A) by redesignating subclauses (I) and (II) 

16 as items (aa) and (bb), respectively, and indent17 ing the margins appropriately; 

18 (B) by striking ‘‘(ii) For purposes of’’ and 

19 inserting the following: 

20 ‘‘(ii) DEFINITION OF SMALL BUSI21 NESS.—

22 ‘‘(I) IN GENERAL.—In’’; 

23 (C) in item (aa) (as so redesignated), by 

24 striking ‘‘150’’ and inserting ‘‘500’’; 
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1 (D) in item (bb) (as so redesignated), by 

2 striking ‘‘gross revenue from chemicals that did 

3 not exceed $40,000,000.’’ and inserting ‘‘global 

4 gross revenue from pesticides that did not exceed 

5 $60,000,000.’’; and 

6 (E) by adding at the end the following: 

7 ‘‘(II) AFFILIATES.—

8 ‘‘(aa) IN GENERAL.—In the 

9 case of a business entity with 1 or 

10 more affiliates, the gross revenue 

11 limit under subclause (I)(bb) shall 

12 apply to the gross revenue for the 

13 entity and all of the affiliates of 

14 the entity, including parents and 

15 subsidiaries, if applicable. 

16 ‘‘(bb) AFFILIATED PER17 SONS.—For the purpose of item 

18 (aa), persons are affiliates of each 

19 other if, directly or indirectly, ei20 ther person controls or has the 

21 power to control the other person, 

22 or a third person controls or has 

23 the power to control both persons. 

24 ‘‘(cc) INDICIA OF CONTROL.—

25 For the purpose of item (aa), in-
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1 dicia of control include inter2 locking management or owner3 ship, identity of interests among 

4 family members, shared facilities 

5 and equipment, and common use 

6 of employees.’’. 

7 (4) EXTENSION OF AUTHORITY FOR COLLECTING

8 MAINTENANCE FEES.—Section 4(i)(5)(H) of the Fed9 eral Insecticide, Fungicide, and Rodenticide Act (7 

10 U.S.C. 136a–1(i)(5)(H)) is amended by striking 

11 ‘‘2003’’ and inserting ‘‘2008’’. 

12 (5) REREGISTRATION AND OTHER ACTIVITIES.—

13 Section 4(g)(2) of the Federal Insecticide, Fungicide 

14 and Rodenticide Act (7 U.S.C. 136a–1(g)(2)) is 

15 amended—

16 (A) by striking subparagraph (A) and in17 serting the following: 

18 ‘‘(A) IN GENERAL.—The Administrator 

19 shall make a determination as to eligibility for 

20 reregistration—

21 ‘‘(i) for all active ingredients subject to 

22 reregistration under this section for which 

23 tolerances or exemptions from tolerances are 

24 required under the Federal Food, Drug, and 

25 Cosmetic Act (21 U.S.C. 301 et seq.), not 
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1 later than the last date for tolerance reas2 sessment established under section 

3 408(q)(1)(C) of that Act (21 U.S.C. 

4 346a(q)(1)(C)); and 

5 ‘‘(ii) for all other active ingredients 

6 subject to reregistration under this section, 

7 not later than October 3, 2008.’’; 

8 (B) in subparagraph (B)—

9 (i) by striking ‘‘(B) Before’’ and in10 serting the following: 

11 ‘‘(B) PRODUCT-SPECIFIC DATA.—

12 ‘‘(i) IN GENERAL.—Before’’; 

13 (ii) by striking ‘‘The Administrator’’ 

14 and inserting the following: 

15 ‘‘(ii) TIMING.—

16 ‘‘(I) IN GENERAL.—Subject to 

17 subclause (II), the Administrator’’; and 

18 (iii) by adding at the end the fol19 lowing: 

20 ‘‘(II) EXTRAORDINARY CIR21 CUMSTANCES.—In the case of extraor22 dinary circumstances, the Adminis23 trator may provide such a longer pe24 riod, of not more than 2 additional 

25 years, for submission of data to the Ad-
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1 ministrator under this subparagraph.’’; 

2 and 

3 (C) in subparagraph (D)—

4 (i) by striking ‘‘(D) If’’ and inserting 

5 the following: 

6 ‘‘(D) DETERMINATION TO NOT REREG7 ISTER.—

8 ‘‘(i) IN GENERAL.—If’’; and 

9 (ii) by adding at the end the following: 

10 ‘‘(ii) TIMING FOR REGULATORY AC11 TION.—Regulatory action under clause (i) 

12 shall be completed as expeditiously as pos13 sible.’’. 

14 (d) OTHER FEES.—

15 (1) IN GENERAL.—Section 4(i)(6) of the Federal 

16 Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 

17 136a–1(i)(6)) is amended—

18 (A) by striking ‘‘During’’ and inserting 

19 ‘‘Except as provided in section 33, during’’; and 

20 (B) by striking ‘‘2003’’ and inserting 

21 ‘‘2010’’. 

22 (2) TOLERANCE FEES.—Notwithstanding section 

23 408(m)(1) of the Federal Food, Drug, and Cosmetic 

24 Act (21 U.S.C. 346a(m)(1)), during the period begin25 ning on October 1, 2003, and ending on September 
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1 30, 2008, the Administrator of the Environmental 

2 Protection Agency shall not collect any tolerance fees 

3 under that section. 

4 (e) EXPEDITED PROCESSING OF SIMILAR APPLICA5 TIONS.—Section 4(k)(3) of the Federal Insecticide, Fun6 gicide, and Rodenticide Act (7 U.S.C. 136a–1(k)(3)) is 

7 amended—

8 (1) in the paragraph heading, by striking ‘‘EX9 PEDITED’’ and inserting ‘‘REVIEW OF INERTINGREDI10 ENTS; EXPEDITED’’; and 

11 (2) in subparagraph (A)—

12 (A) by striking ‘‘1997’’ and all that follows 

13 through ‘‘of the maintenance fees’’ and inserting 

14 ‘‘2004 through 2006, approximately $3,300,000, 

15 and for each of fiscal years 2007 and 2008, between 1⁄8 and 1 16 ⁄7, of the maintenance fees’’; 

17 (B) by redesignating clauses (i), (ii), and 

18 (iii) as subclauses (I), (II) and (III), respec19 tively, and indenting appropriately; and 

20 (C) by striking ‘‘resources to assure the ex21 pedited processing and review of any application 

22 that’’ and inserting ‘‘resources—

23 ‘‘(i) to review and evaluate new inert 

24 ingredients; and 
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1 ‘‘(ii) to ensure the expedited processing 

2 and review of any application 

3 that—’’. 

4 (f) PESTICIDE REGISTRATION SERVICE FEES.—The 

5 Federal Insecticide, Fungicide, and Rodenticide Act (7 

6 U.S.C. 136a et seq.) is amended—

7 (1) by redesignating sections 33 and 34 (7 

8 U.S.C. 136x, 136y) as sections 34 and 35, respec9 tively; and 

10 (2) by inserting after section 32 (7 U.S.C. 136w–

11 7) the following: 

12 ‘‘SEC. 33. PESTICIDE REGISTRATION SERVICE FEES. 

13 ‘‘(a) DEFINITION OF COSTS.—In this section, the term 

14 ‘costs’, when used with respect to review and decision15 making pertaining to an application for which registration 

16 service fees are paid under this section, means—

17 ‘‘(1) costs to the extent that—

18 ‘‘(A) officers and employees provide direct 

19 support for the review and decisionmaking for 

20 covered pesticide applications, associated toler21 ances, and corresponding risk and benefits infor22 mation and analyses; 

23 ‘‘(B) persons and organizations under con24 tract with the Administrator engage in the re-
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1 view of the applications, and corresponding risk 

2 and benefits information and assessments; and 

3 ‘‘(C) advisory committees and other accred4 ited persons or organizations, on the request of 

5 the Administrator, engage in the peer review of 

6 risk or benefits information associated with cov7 ered pesticide applications; 

8 ‘‘(2) costs of management of information, and 

9 the acquisition, maintenance, and repair of computer 

10 and telecommunication resources (including soft11 ware), used to support review of pesticide applica12 tions, associated tolerances, and corresponding risk 

13 and benefits information and analyses; and 

14 ‘‘(3) costs of collecting registration service fees 

15 under subsections (b) and (c) and reporting, auditing, 

16 and accounting under this section. 

17 ‘‘(b) FEES.—

18 ‘‘(1) IN GENERAL.—Effective beginning on the ef19 fective date of the Pesticide Registration Improvement 

20 Act of 2003, the Administrator shall assess and collect 

21 covered pesticide registration service fees in accord22 ance with this section. 

23 ‘‘(2) COVERED PESTICIDE REGISTRATION APPLI24 CATIONS.—
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1 ‘‘(A) IN GENERAL.—An application for the 

2 registration of a pesticide covered by this Act 

3 that is received by the Administrator on or after 

4 the effective date of the Pesticide Registration 

5 Improvement Act of 2003 shall be subject to a 

6 registration service fee under this section. 

7 ‘‘(B) EXISTING APPLICATIONS.—

8 ‘‘(i) IN GENERAL.—Subject to clause 

9 (ii), an application for the registration of a 

10 pesticide that was submitted to the Admin11 istrator before the effective date of the Pes12 ticide Registration Improvement Act of 

13 2003 and is pending on that effective date 

14 shall be subject to a service fee under this 

15 section if the application is for the registra16 tion of a new active ingredient that is not 

17 listed in the Registration Division 2003 

18 Work Plan of the Office of Pesticide Pro19 grams of the Environmental Protection 

20 Agency. 

21 ‘‘(ii) TOLERANCE OR EXEMPTION

22 FEES.—The amount of any fee otherwise 

23 payable for an application described in 

24 clause (i) under this section shall be reduced 

25 by the amount of any fees paid to support 
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1 the related petition for a pesticide tolerance 

2 or exemption under the Federal Food, Drug, 

3 and Cosmetic Act (21 U.S.C. 301 et seq.). 

4 ‘‘(C) DOCUMENTATION.—An application 

5 subject to a registration service fee under this 

6 section shall be submitted with documentation 

7 certifying—

8 ‘‘(i) payment of the registration service 

9 fee; or 

10 ‘‘(ii) a request for a waiver from or re11 duction of the registration service fee. 

12 ‘‘(3) SCHEDULE OF COVERED APPLICATIONS AND

13 REGISTRATION SERVICE FEES.—

14 ‘‘(A) IN GENERAL.—Not later than 30 days 

15 after the effective date of the Pesticide Registra16 tion Improvement Act of 2003, the Adminis17 trator shall publish in the Federal Register a 

18 schedule of covered pesticide registration applica19 tions and corresponding registration service fees. 

20 ‘‘(B) REPORT.—Subject to paragraph (6), 

21 the schedule shall be the same as the applicable 

22 schedule appearing in the Congressional Record 

23 on pages S11631 through S11633, dated Sep24 tember 17, 2003. 
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1 ‘‘(4) PENDING PESTICIDE REGISTRATION APPLI2 CATIONS.—

3 ‘‘(A) IN GENERAL.—An applicant that sub4 mitted a registration application to the Admin5 istrator before the effective date of the Pesticide 

6 Registration Improvement Act of 2003, but that 

7 is not required to pay a registration service fee 

8 under paragraph (2)(B), may, on a voluntary 

9 basis, pay a registration service fee in accord10 ance with paragraph (2)(B). 

11 ‘‘(B) VOLUNTARY FEE.—The Administrator 

12 may not compel payment of a registration serv13 ice fee for an application described in subpara14 graph (A). 

15 ‘‘(C) DOCUMENTATION.—An application for 

16 which a voluntary registration service fee is paid 

17 under this paragraph shall be submitted with 

18 documentation certifying—

19 ‘‘(i) payment of the registration service 

20 fee; or 

21 ‘‘(ii) a request for a waiver from or re22 duction of the registration service fee. 

23 ‘‘(5) RESUBMISSION OF PESTICIDE REGISTRA24 TION APPLICATIONS.—If a pesticide registration ap25 plication is submitted by a person that paid the fee 
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1 for the application under paragraph (2), is deter2 mined by the Administrator to be complete, and is 

3 not approved or is withdrawn (without a waiver or 

4 refund), the submission of the same pesticide registra5 tion application by the same person (or a licensee, as6 signee, or successor of the person) shall not be subject 

7 to a fee under paragraph (2). 

8 ‘‘(6) FEE ADJUSTMENT.—Effective for a covered 

9 pesticide registration application received on or after 

10 October 1, 2005, the Administrator shall—

11 ‘‘(A) increase by 5 percent the service fee 

12 payable for the application under paragraph (3); 

13 and 

14 ‘‘(B) publish in the Federal Register the re15 vised registration service fee schedule. 

16 ‘‘(7) WAIVERS AND REDUCTIONS.—

17 ‘‘(A) IN GENERAL.—An applicant for a cov18 ered pesticide registration may request the Ad19 ministrator to waive or reduce the amount of a 

20 registration service fee payable under this section 

21 under the circumstances described in subpara22 graphs (D) through (G). 

23 ‘‘(B) DOCUMENTATION.—

24 ‘‘(i) IN GENERAL.—A request for a 

25 waiver from or reduction of the registration 
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1 service fee shall be accompanied by appro2 priate documentation demonstrating the 

3 basis for the waiver or reduction. 

4 ‘‘(ii) CERTIFICATION.—The applicant 

5 shall provide to the Administrator a written 

6 certification, signed by a responsible officer, 

7 that the documentation submitted to sup8 port the waiver or reduction request is accu9 rate. 

10 ‘‘(iii) INACCURATE DOCUMENTATION.—

11 An application shall be subject to the appli12 cable registration service fee payable under 

13 paragraph (3) if, at any time, the Adminis14 trator determines that—

15 ‘‘(I) the documentation sup16 porting the waiver or reduction request 

17 is not accurate; or 

18 ‘‘(II) based on the documentation 

19 or any other information, the waiver 

20 or reduction should not have been 

21 granted or should not be granted. 

22 ‘‘(C) DETERMINATION TO GRANT OR DENY

23 REQUEST.—As soon as practicable, but not later 

24 than 60 days, after the date on which the Ad25 ministrator receives a request for a waiver or re-
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1 duction of a registration service fee under this 

2 paragraph, the Administrator shall—

3 ‘‘(i) determine whether to grant or 

4 deny the request; and 

5 ‘‘(ii) notify the applicant of the deter6 mination. 

7 ‘‘(D) MINOR USES.—

8 ‘‘(i) IN GENERAL.—The Administrator 

9 may waive or reduce a registration service 

10 fee for an application for minor uses for a 

11 pesticide. 

12 ‘‘(ii) SUPPORTING DOCUMENTATION.—

13 An applicant requesting a waiver under 

14 this subparagraph shall provide supporting 

15 documentation that demonstrates, to the sat16 isfaction of the Administrator, that antici17 pated revenues from the uses that are the 

18 subject of the application would be insuffi19 cient to justify imposition of the full appli20 cation fee. 

21 ‘‘(E) IR–4 WAIVER.—The Administrator 

22 shall waive the registration service fee for an ap23 plication if the Administrator determines that—

24 ‘‘(i) the application is solely associated 

25 with a tolerance petition submitted in con-
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1 nection with the Inter-Regional Project 

2 Number 4 (IR–4) as described in section 2 

3 of Public Law 89–106 (7 U.S.C. 450i(e)); 

4 and 

5 ‘‘(ii) the waiver is in the public inter6 est. 

7 ‘‘(F) SMALL BUSINESSES.—

8 ‘‘(i) IN GENERAL.—The Administrator 

9 shall waive 50 percent of the registration 

10 service fees payable by an entity for a cov11 ered pesticide registration application 

12 under this section if the entity is a small 

13 business (as defined in section 

14 4(i)(5)(E)(ii)) at the time of application. 

15 ‘‘(ii) WAIVER OF FEES.—The Adminis16 trator shall waive all of the registration 

17 service fees payable by an entity under this 

18 section if the entity—

19 ‘‘(I) is a small business (as de20 fined in section 4(i)(5)(E)(ii)) at the 

21 time of application; and 

22 ‘‘(II) has average annual global 

23 gross revenues described in section 

24 4(i)(5)(E)(ii)(I)(bb) that does not ex-
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1 ceed $10,000,000, at the time of appli2 cation. 

3 ‘‘(iii) FORMATION FOR WAIVER.—The 

4 Administrator shall not grant a waiver 

5 under this subparagraph if the Adminis6 trator determines that the entity submitting 

7 the application has been formed or manipu8 lated primarily for the purpose of quali9 fying for the waiver. 

10 ‘‘(iv) DOCUMENTATION.—An entity re11 questing a waiver under this subparagraph 

12 shall provide to the Administrator—

13 ‘‘(I) documentation demonstrating 

14 that the entity is a small business (as 

15 defined in section 4(i)(5)(E)(ii)) at the 

16 time of application; and 

17 ‘‘(II) if the entity is requesting a 

18 waiver of all registration service fees 

19 payable under this section, documenta20 tion demonstrating that the entity has 

21 an average annual global gross reve22 nues described in section 

23 4(i)(5)(E)(ii)(I)(bb) that does not ex24 ceed $10,000,000, at the time of appli25 cation. 
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1 ‘‘(G) FEDERAL AND STATE AGENCY EXEMP2 TIONS.—An agency of the Federal Government or 

3 a State government shall be exempt from covered 

4 registration service fees under this section. 

5 ‘‘(8) REFUNDS.—

6 ‘‘(A) EARLY WITHDRAWALS.—If, during the 

7 first 60 days after the beginning of the applica8 ble decision time review period under subsection 

9 (f)(3), a covered pesticide registration applica10 tion is withdrawn by the applicant, the Admin11 istrator shall refund all but 10 percent of the 

12 total registration service fee payable under para13 graph (3) for the application. 

14 ‘‘(B) WITHDRAWALS AFTER THE FIRST 60

15 DAYS OF DECISION REVIEW TIME PERIOD.—

16 ‘‘(i) IN GENERAL.—If a covered pes17 ticide registration application is withdrawn 

18 after the first 60 days of the applicable deci19 sion time review period, the Administrator 

20 shall determine what portion, if any, of the 

21 total registration service fee payable under 

22 paragraph (3) for the application may be 

23 refunded based on the proportion of the 

24 work completed at the time of withdrawal. 
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1 ‘‘(ii) TIMING.—The Administrator 

2 shall—

3 ‘‘(I) make the determination de4 scribed in clause (i) not later than 90 

5 days after the date the application is 

6 withdrawn; and 

7 ‘‘(II) provide any refund as soon 

8 as practicable after the determination. 

9 ‘‘(C) DISCRETIONARY REFUNDS.—

10 ‘‘(i) IN GENERAL.—In the case of a 

11 pesticide registration application that has 

12 been filed with the Administrator and has 

13 not been withdrawn by the applicant, but 

14 for which the Administrator has not yet 

15 made a final determination, the Adminis16 trator may refund a portion of a covered 

17 registration service fee if the Administrator 

18 determines that the refund is justified. 

19 ‘‘(ii) BASIS.—The Administrator may 

20 provide a refund for an application under 

21 this subparagraph—

22 ‘‘(I) on the basis that, in review23 ing the application, the Administrator 

24 has considered data submitted in sup-
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1 port of another pesticide registration 

2 application; or 

3 ‘‘(II) on the basis that the Admin4 istrator completed portions of the re5 view of the application before the effec6 tive date of this section. 

7 ‘‘(D) CREDITED FEES.—In determining 

8 whether to grant a refund under this paragraph, 

9 the Administrator shall take into account any 

10 portion of the registration service fees credited 

11 under paragraph (2) or (4). 

12 ‘‘(c) PESTICIDE REGISTRATION FUND.—

13 ‘‘(1) ESTABLISHMENT.—There is established in 

14 the Treasury of the United States a Pesticide Reg15 istration Fund to be used in carrying out this section 

16 (referred to in this section as the ‘Fund’), consisting 

17 of—

18 ‘‘(A) such amounts as are deposited in the 

19 Fund under paragraph (2); 

20 ‘‘(B) any interest earned on investment of 

21 amounts in the Fund under paragraph (4); and 

22 ‘‘(C) any proceeds from the sale or redemp23 tion of investments held in the Fund. 
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1 ‘‘(2) DEPOSITS IN FUND.—Subject to paragraph 

2 (4), the Administrator shall deposit fees collected 

3 under this section in the Fund. 

4 ‘‘(3) EXPENDITURES FROM FUND.—

5 ‘‘(A) IN GENERAL.—Subject to subpara6 graphs (B) and (C) and paragraph (4), the Ad7 ministrator may make expenditures from the 

8 Fund—

9 ‘‘(i) to cover the costs associated with 

10 the review and decisionmaking pertaining 

11 to all applications for which registration 

12 service fees have been paid under this sec13 tion; and 

14 ‘‘(ii) to otherwise carry out this sec15 tion. 

16 ‘‘(B) WORKER PROTECTION.—For each of 

17 fiscal years 2004 through 2008, the Administrator shall use approximately 1 18 ⁄17 of the amount 

19 in the Fund (but not more than $1,000,000, and 

20 not less than $750,000, for any fiscal year) to 

21 enhance current scientific and regulatory activi22 ties related to worker protection. 

23 ‘‘(C) NEW INERTINGREDIENTS.—For each 

24 of fiscal years 2004 and 2005, the Administrator 

shall use approximately 1 25 ⁄34 of the amount in the 
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1 Fund (but not to exceed $500,000 for any fiscal 

2 year) for the review and evaluation of new inert 

3 ingredients. 

4 ‘‘(4) COLLECTIONS AND APPROPRIATIONS

5 ACTS.—The fees authorized by this section and 

6 amounts deposited in the Fund—

7 ‘‘(A) shall be collected and made available 

8 for obligation only to the extent provided in ad9 vance in appropriations Acts; and 

10 ‘‘(B) shall be available without fiscal year 

11 limitation. 

12 ‘‘(5) UNUSED FUNDS.—Amounts in the Fund not 

13 currently needed to carry out this section shall be—

14 ‘‘(A) maintained readily available or on de15 posit; 

16 ‘‘(B) invested in obligations of the United 

17 States or guaranteed by the United States; or 

18 ‘‘(C) invested in obligations, participations, 

19 or other instruments that are lawful investments 

20 for fiduciary, trust, or public funds. 

21 ‘‘(d) ASSESSMENTOF FEES.—

22 ‘‘(1) DEFINITION OF COVERED FUNCTIONS.—In 

23 this subsection, the term ‘covered functions’ means 

24 functions of the Office of Pesticide Programs of the 

25 Environmental Protection Agency, as identified in 
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1 key programs and projects of the final operating plan 

2 for the Environmental Protection Agency submitted 

3 as part of the budget process for fiscal year 2002, re4 gardless of any subsequent transfer of 1 or more of the 

5 functions to another office or agency or the subsequent 

6 transfer of a new function to the Office of Pesticide 

7 Programs. 

8 ‘‘(2) MINIMUM AMOUNTOF APPROPRIATIONS.—

9 Registration service fees may not be assessed for a fis10 cal year under this section unless the amount of ap11 propriations for salaries, contracts, and expenses for 

12 the functions (as in existence in fiscal year 2002) of 

13 the Office of Pesticide Programs of the Environmental 

14 Protection Agency for the fiscal year (excluding the 

15 amount of any fees appropriated for the fiscal year) 

16 are equal to or greater than the amount of appropria17 tions for covered functions for fiscal year 2002 (ex18 cluding the amount of any fees appropriated for the 

19 fiscal year). 

20 ‘‘(3) USE OF FEES.—Registration service fees 

21 authorized by this section shall be available, in the 

22 aggregate, only to defray increases in the costs associ23 ated with the review and decisionmaking for the re24 view of pesticide registration applications and associ25 ated tolerances (including increases in the number of 
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1 full-time equivalent positions in the Environmental 

2 Protection Agency engaged in those activities) over 

3 the costs for fiscal year 2002, excluding costs paid 

4 from fees appropriated for the fiscal year. 

5 ‘‘(4) COMPLIANCE.—The requirements of para6 graph (2) shall have been considered to have been met 

7 for any fiscal year if the amount of appropriations 

8 for salaries, contracts, and expenses for the functions 

9 (as in existence in fiscal year 2002) of the Office of 

10 Pesticide Programs of the Environmental Protection 

11 Agency for the fiscal year (excluding the amount of 

12 any fees appropriated for the fiscal year) is not more 

13 than 3 percent below the amount of appropriations 

14 for covered functions for fiscal year 2002 (excluding 

15 the amount of any fees appropriated for the fiscal 

16 year). 

17 ‘‘(5) SUBSEQUENT AUTHORITY.—If the Adminis18 trator does not assess registration service fees under 

19 subsection (b) during any portion of a fiscal year as 

20 the result of paragraph (2) and is subsequently per21 mitted to assess the fees under subsection (b) during 

22 the fiscal year, the Administrator shall assess and col23 lect the fees, without any modification in rate, at any 

24 time during the fiscal year, notwithstanding any pro-
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1 visions of subsection (b) relating to the date fees are 

2 to be paid. 

3 ‘‘(e) REFORMS TO REDUCE DECISION TIME REVIEW

4 PERIODS.—To the maximum extent practicable consistent 

5 with the degrees of risk presented by pesticides and the type 

6 of review appropriate to evaluate risks, the Administrator 

7 shall identify and evaluate reforms to the pesticide registra8 tion process under this Act with the goal of reducing deci9 sion review periods in effect on the effective date of the Pes10 ticide Registration Improvement Act of 2003 for pesticide 

11 registration actions for covered pesticide registration appli12 cations (including reduced risk applications). 

13 ‘‘(f) DECISION TIME REVIEW PERIODS.—

14 ‘‘(1) IN GENERAL.—Not later than 30 days after 

15 the effective date of the Pesticide Registration Im16 provement Act of 2003, the Administrator shall pub17 lish in the Federal Register a schedule of decision re18 view periods for covered pesticide registration actions 

19 and corresponding registration service fees under this 

20 Act. 

21 ‘‘(2) REPORT.—The schedule shall be the same as 

22 the applicable schedule appearing in the Congres23 sional Record on pages S11631 through S11633, 

24 dated September 17, 2003. 
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1 ‘‘(3) APPLICATIONS SUBJECT TO DECISION TIME

2 REVIEW PERIODS.—The decision time review periods 

3 specified in paragraph (1) shall apply to—

4 ‘‘(A) covered pesticide registration applica5 tions subject to registration service fees under 

6 subsection (b)(2); 

7 ‘‘(B) covered pesticide registration applica8 tions for which an applicant has voluntarily 

9 paid registration service fees under subsection 

10 (b)(4); and 

11 ‘‘(C) covered pesticide registration applica12 tions listed in the Registration Division 2003 

13 Work Plan of the Office of Pesticide Programs of 

14 the Environmental Protection Agency. 

15 ‘‘(4) START OF DECISION TIME REVIEW PE16 RIOD.—

17 ‘‘(A) IN GENERAL.—Except as provided in 

18 subparagraphs (C), (D), and (E), in the case of 

19 a pesticide registration application accompanied 

20 by the registration service fee required under this 

21 section, the decision time review period begins 21 

22 days after the date on which the Administrator 

23 receives the covered pesticide registration appli24 cation. 
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1 ‘‘(B) COMPLETENESS OF APPLICATION.—In 

2 conducting an initial screening of an applica3 tion, the Administrator shall determine—

4 ‘‘(i) whether—

5 ‘‘(I) the applicable registration 

6 service fee has been paid; or 

7 ‘‘(II) the application contains a 

8 waiver or refund request; and 

9 ‘‘(ii) whether the application—

10 ‘‘(I) contains all necessary forms, 

11 data, draft labeling, and, documenta12 tion certifying payment of any reg13 istration service fee required under this 

14 section; or 

15 ‘‘(II) establishes a basis for any 

16 requested waiver or reduction. 

17 ‘‘(C) APPLICATIONS WITH WAIVER OR RE18 DUCTION REQUESTS.—

19 ‘‘(i) IN GENERAL.—In the case of an 

20 application submitted with a request for a 

21 waiver or reduction of registration service 

22 fees under subsection (b)(7), the decision 

23 time review period shall be determined in 

24 accordance with this subparagraph. 
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1 ‘‘(ii) REQUEST GRANTED WITH NO AD2 DITIONAL FEES REQUIRED.—If the Admin3 istrator grants the waiver or reduction re4 quest and no additional fee is required, the 

5 decision time review period begins on the 

6 earlier of—

7 ‘‘(I) the date on which the Admin8 istrator grants the request; or 

9 ‘‘(II) the date that is 60 days 

10 after the date of receipt of the applica11 tion. 

12 ‘‘(iii) REQUEST GRANTED WITH ADDI13 TIONAL FEES REQUIRED.—If the Adminis14 trator grants the waiver or reduction re15 quest, in whole or in part, but an addi16 tional registration service fee is required, 

17 the decision time review period begins on 

18 the date on which the Administrator re19 ceives certification of payment of the appli20 cable registration service fee. 

21 ‘‘(iv) REQUESTDENIED.—If the Ad22 ministrator denies the waiver or reduction 

23 request, the decision time review period be24 gins on the date on which the Adminis-
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1 trator receives certification of payment of 

2 the applicable registration service fee. 

3 ‘‘(D) PENDING APPLICATIONS.—

4 ‘‘(i) IN GENERAL.—The start of the de5 cision time review period for applications 

6 described in clause (ii) shall be the date on 

7 which the Administrator receives certifi8 cation of payment of the applicable reg9 istration service fee. 

10 ‘‘(ii) APPLICATIONS.—Clause (i) ap11 plies to—

12 ‘‘(I) covered pesticide registration 

13 applications for which voluntary fees 

14 have been paid under subsection (b)(4); 

15 and 

16 ‘‘(II) covered pesticide registration 

17 applications received on or after the ef18 fective date of the Pesticide Registra19 tion Improvement Act of 2003 but sub20 mitted without the applicable registra21 tion service fee required under this sec22 tion due to the inability of the Admin23 istrator to assess fees under subsection 

24 (d)(1). 
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1 ‘‘(E) 2003 WORK PLAN.—In the case of a 

2 covered pesticide registration application listed 

3 in the Registration Division 2003 Work Plan of 

4 the Office of Pesticide Programs of the Environ5 mental Protection Agency, the decision time re6 view period begins on the date that is 30 days 

7 after the effective date of the Pesticide Registra8 tion Improvement Act of 2003. 

9 ‘‘(5) EXTENSION OF DECISION TIME REVIEW PE10 RIOD.—The Administrator and the applicant may 

11 mutually agree in writing to extend a decision time 

12 review period under this subsection. 

13 ‘‘(g) JUDICIAL REVIEW.—

14 ‘‘(1) IN GENERAL.—Any applicant adversely af15 fected by the failure of the Administrator to make a 

16 determination on the application of the applicant for 

17 registration of a new active ingredient or new use for 

18 which a registration service fee is paid under this sec19 tion may obtain judicial review of the failure solely 

20 under this section. 

21 ‘‘(2) SCOPE.—

22 ‘‘(A) IN GENERAL.—In an action brought 

23 under this subsection, the only issue on review is 

24 whether the Administrator failed to make a de25 termination on the application specified in 
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1 paragraph (1) by the end of the applicable deci2 sion time review period required under sub3 section (f) for the application. 

4 ‘‘(B) OTHER ACTIONS.—No other action au5 thorized or required under this section shall be 

6 judicially reviewable by a Federal or State court. 

7 ‘‘(3) TIMING.—

8 ‘‘(A) IN GENERAL.—A person may not ob9 tain judicial review of the failure of the Admin10 istrator to make a determination on the applica11 tion specified in paragraph (1) before the expira12 tion of the 2-year period that begins on the date 

13 on which the decision time review period for the 

14 application ends. 

15 ‘‘(B) MEETING WITH ADMINISTRATOR.—To 

16 be eligible to seek judicial review under this sub17 section, a person seeking the review shall first re18 quest in writing, at least 120 days before filing 

19 the complaint for judicial review, a decision re20 view meeting with the Administrator. 

21 ‘‘(4) REMEDIES.—The Administrator may not be 

22 required or permitted to refund any portion of a reg23 istration service fee paid in response to a complaint 

24 that the Administrator has failed to make a deter25 mination on the covered pesticide registration appli-
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1 cation specified in paragraph (1) by the end of the 

2 applicable decision review period. 

3 ‘‘(h) ACCOUNTING.—The Administrator shall—

4 ‘‘(1) provide an annual accounting of the reg5 istration service fees paid to the Administrator and 

6 disbursed from the Fund, by providing financial 

7 statements in accordance with—

8 ‘‘(A) the Chief Financial Officers Act of 

9 1990 (Public Law 101–576; 104 Stat. 2838) and 

10 amendments made by that Act; and 

11 ‘‘(B) the Government Management Reform 

12 Act of 1994 (Public Law 103–356; 108 Stat. 

13 3410) and amendments made by that Act; 

14 ‘‘(2) provide an accounting describing expendi15 tures from the Fund authorized under subsection (c); 

16 and 

17 ‘‘(3) provide an annual accounting describing 

18 collections and expenditures authorized under sub19 section (d). 

20 ‘‘(i) AUDITING.—

21 ‘‘(1) FINANCIAL STATEMENTS OF AGENCIES.—

22 For the purpose of section 3515(c) of title 31, United 

23 States Code, the Fund shall be considered a compo24 nent of an executive agency. 
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1 ‘‘(2) COMPONENTS.—The annual audit required 

2 under sections 3515(b) and 3521 of that title of the 

3 financial statements of activities under this section 

4 shall include an analysis of—

5 ‘‘(A) the fees collected under subsection (b) 

6 and disbursed; 

7 ‘‘(B) compliance with subsection (f); 

8 ‘‘(C) the amount appropriated to meet the 

9 requirements of subsection (d)(1); and 

10 ‘‘(D) the reasonableness of the allocation of 

11 the overhead allocation of costs associated with 

12 the review and decisionmaking pertaining to ap13 plications under this section. 

14 ‘‘(3) INSPECTOR GENERAL.—The Inspector Gen15 eral of the Environmental Protection Agency shall—

16 ‘‘(A) conduct the annual audit required 

17 under this subsection; and 

18 ‘‘(B) report the findings and recommenda19 tions of the audit to the Administrator and to 

20 the appropriate committees of Congress. 

21 ‘‘(j) PERSONNEL LEVELS.—All full-time equivalent po22 sitions supported by fees authorized and collected under this 

23 section shall not be counted against the agency-wide per24 sonnel level goals of the Environmental Protection Agency. 

25 ‘‘(k) REPORTS.—
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1 ‘‘(1) IN GENERAL.—Not later than March 1, 

2 2005, and each March 1 thereafter through March 1, 

3 2009, the Administrator shall publish an annual re4 port describing actions taken under this section. 

5 ‘‘(2) CONTENTS.—The report shall include—

6 ‘‘(A) a review of the progress made in car7 rying out each requirement of subsections (e) and 

8 (f), including—

9 ‘‘(i) the number of applications re10 viewed, including the decision times for 

11 each application specified in subsection (f); 

12 ‘‘(ii) the number of actions pending in 

13 each category of actions described in sub14 section (f)(3), as well as the number of inert 

15 ingredients; 

16 ‘‘(iii) to the extent determined appro17 priate by the Administrator and consistent 

18 with the authorities of the Administrator 

19 and limitations on delegation of functions 

20 by the Administrator, recommendations 

21 for—

22 ‘‘(I) expanding the use of self-cer23 tification in all appropriate areas of 

24 the registration process; 
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1 ‘‘(II) providing for accreditation 

2 of outside reviewers and the use of out3 side reviewers to conduct the review of 

4 major portions of applications; and 

5 ‘‘(III) reviewing the scope of use 

6 of the notification process to cover 

7 broader categories of registration ac8 tions; and 

9 ‘‘(iv) the use of performance-based con10 tracts, other contracts, and procurement to 

11 ensure that—

12 ‘‘(I) the goals of this Act for the 

13 timely review of applications for reg14 istration are met; and 

15 ‘‘(II) the registration program is 

16 administered in the most productive 

17 and cost effective manner practicable; 

18 ‘‘(B) a description of the staffing and re19 sources relating to the costs associated with the 

20 review and decisionmaking pertaining to appli21 cations; and 

22 ‘‘(C) a review of the progress in meeting the 

23 timeline requirements of section 4(g). 

24 ‘‘(3) METHOD.—The Administrator shall publish 

25 a report required by this subsection by such method 
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1 as the Administrator determines to be the most effec2 tive for efficiently disseminating the report, including 

3 publication of the report on the Internet site of the 

4 Environmental Protection Agency. 

5 ‘‘(l) SAVINGS CLAUSE.—Nothing in this section affects 

6 any other duties, obligations, or authorities established by 

7 any other section of this Act, including the right to judicial 

8 review of duties, obligations, or authorities established by 

9 any other section of this Act. 

10 ‘‘(m) TERMINATION OF EFFECTIVENESS.—

11 ‘‘(1) IN GENERAL.—Except as provided in para12 graph (2), the authority provided by this section ter13 minates on September 30, 2008. 

14 ‘‘(2) PHASE OUT.—

15 ‘‘(A) FISCAL YEAR 2009.—During fiscal year 

16 2009, the requirement to pay and collect reg17 istration service fees applies, except that the level 

18 of registration service fees payable under this sec19 tion shall be reduced 40 percent below the level 

20 in effect on September 30, 2008. 

21 ‘‘(B) FISCAL YEAR 2010.—During fiscal 

22 year 2010, the requirement to pay and collect 

23 registration service fees applies, except that the 

24 level of registration service fees payable under 
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1 this section shall be reduced 70 percent below the 

2 level in effect on September 30, 2008. 

3 ‘‘(C) SEPTEMBER 30, 2010.—Effective Sep4 tember 30, 2010, the requirement to pay and col5 lect registration service fees terminates. 

6 ‘‘(D) DECISION REVIEW PERIODS.—

7 ‘‘(i) PENDING APPLICATIONS.—In the 

8 case of an application received under this 

9 section before September 30, 2008, the ap10 plication shall be reviewed in accordance 

11 with subsection (f). 

12 ‘‘(ii) NEW APPLICATIONS.—In the case 

13 of an application received under this section 

14 on or after September 30, 2008, subsection 

15 (f) shall not apply to the application.’’. 

16 (g) CONFORMING AMENDMENTS.—The table of contents 

17 in section 1(b) of the Federal Insecticide, Fungicide, and 

18 Rodenticide Act (7 U.S.C. prec. 136) is amended—

19 (1) by striking the item relating to section 

20 4(k)(3) and inserting the following:

‘‘(3) Review of inert ingredients; expedited processing of 

similar applications.’’;

21 and 

22 (2) by striking the items relating to sections 30 

23 and 31 and inserting the following:

‘‘Sec. 30. Minimum requirements for training of maintenance applicators and 

service technicians. 
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‘‘Sec. 31. Environmental Protection Agency minor use program. 

‘‘Sec. 32. Department of Agriculture minor use program. 

‘‘(a) In general. 

‘‘(b)(1) Minor use pesticide data. 

‘‘(2) Minor Use Pesticide Data Revolving Fund. 

‘‘Sec. 33. Pesticide registration service fees. 

‘‘(a) Definition of costs. 

‘‘(b) Fees. 

‘‘(1) In general. 

‘‘(2) Covered pesticide registration applications. 

‘‘(3) Schedule of covered applications and registration service fees. 

‘‘(4) Pending pesticide registration applications. 

‘‘(5) Resubmission of pesticide registration applications. 

‘‘(6) Fee adjustment. 

‘‘(7) Waivers and reductions. 

‘‘(8) Refunds. 

‘‘(c) Pesticide Registration Fund. 

‘‘(1) Establishment. 

‘‘(2) Transfers to Fund. 

‘‘(3) Expenditures from Fund. 

‘‘(4) Collections and appropriations Acts. 

‘‘(5) Unused funds. 

‘‘(d) Assessment of fees. 

‘‘(1) Definition of covered functions. 

‘‘(2) Minimum amount of appropriations. 

‘‘(3) Use of fees. 

‘‘(4) Compliance. 

‘‘(5) Subsequent authority. 

‘‘(e) Reforms to reduce decision time review periods. 

‘‘(f) Decision time review periods. 

‘‘(1) In general. 

‘‘(2) Report. 

‘‘(3) Applications subject to decision time review periods. 

‘‘(4) Start of decision time review period. 

‘‘(5) Extension of decision time review period. 

‘‘(g) Judicial review. 

‘‘(1) In general. 

‘‘(2) Scope. 

‘‘(3) Timing. 

‘‘(4) Remedies. 

‘‘(h) Accounting. 

‘‘(i) Auditing. 

‘‘(1) Financial statements of agencies. 

‘‘(2) Components. 

‘‘(3) Inspector General. 

‘‘(j) Personnel levels. 

‘‘(k) Reports. 

‘‘(1) In general. 

‘‘(2) Contents. 

‘‘(l) Savings clause. 

‘‘(m) Termination of effectiveness. 

‘‘(1) In general. 

‘‘(2) Phase out.

‘‘Sec. 34. Severability. 

‘‘Sec. 35. Authorization for appropriations.’’.
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1 (h) EFFECTIVE DATE.—Except as otherwise provided 

2 in this section and the amendments made by this section, 

3 this section and the amendments made by this section take 

4 effect on the date that is 60 days after the date of enactment 

5 of this Act. 

6 SEC. 502. It is the sense of the Senate that human dos7 ing studies of pesticides raises ethical and health questions. 

8 This Act may be cited as the ‘‘Departments of Veterans 

9 Affairs and Housing and Urban Development, and Inde10 pendent Agencies Appropriations Act, 2004’’.

Passed the House of Representatives July 25, 2003. 

Attest: JEFF TRANDAHL, 

Clerk. 

Passed the Senate November 18, 2003. 

Attest: EMILY J. REYNOLDS, 

Secretary.