In the Senate of the United States,

November 18, 2003.

Resolved, That the bill from the House of Representatives (H.R. 2861) entitled ‘‘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.’’, do pass

with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 That the following sums are appropriated, out of any

2 money in the Treasury not otherwise appropriated, for the

3 Departments of Veteran Affairs and Housing and Urban

4 Development, and for sundry independent agencies, boards,

5 commissions, corporations, and offices for the fiscal year

6 ending September 30, 2004, and for other purposes, namely:
 †

2

HR 2861 EAS

1 TITLE I—DEPARTMENT OF VETERANS AFFAIRS

2 VETERANS BENEFITS ADMINISTRATION

3 COMPENSATION ANDPENSIONS

4 (INCLUDING TRANSFER OF FUNDS)

5 For the payment of compensation benefits to or on be6 half of veterans and a pilot program for disability examina7 tions as authorized by law (38 U.S.C. 107, chapters 11, 13,

8 18, 51, 53, 55, and 61); pension benefits to or on behalf

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

10 51, 53, 55, and 61; 92 Stat. 2508); and burial benefits,

11 emergency and other officers’ retirement pay, adjusted-serv12 ice credits and certificates, payment of premiums due on

13 commercial life insurance policies guaranteed under the

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

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

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

17 1977, and 2106, chapters 23, 51, 53, 55, and 61; 50 U.S.C.

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

19 1198), $29,845,127,000, to remain available until expended:

20 Provided, That not to exceed $17,056,000 of the amount ap21 propriated under this heading shall be reimbursed to ‘‘Gen22 eral operating expenses’’ and ‘‘Medical care’’ for necessary

23 expenses in implementing those provisions authorized in the

24 Omnibus Budget Reconciliation Act of 1990, and in the

25 Veterans’ Benefits Act of 1992 (38 U.S.C. chapters 51, 53,

26 and 55), the funding source for which is specifically pro-
†

3

HR 2861 EAS

1 vided as the ‘‘Compensation and pensions’’ appropriation:

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

3 actual qualifying patient basis, shall be reimbursed to

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

5 of individual medical facilities for nursing home care pro6 vided to pensioners as authorized.

7 READJUSTMENT BENEFITS

8 For the payment of readjustment and rehabilitation

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

10 (38 U.S.C. chapters 21, 30, 31, 34, 35, 36, 39, 51, 53, 55,

11 and 61), $2,529,734,000, to remain available until ex12 pended: Provided, That expenses for rehabilitation program

13 services and assistance which the Secretary is authorized

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

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

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

17 VETERANS INSURANCE ANDINDEMNITIES

18 For military and naval insurance, national service life

19 insurance, servicemen’s indemnities, service-disabled vet20 erans insurance, and veterans mortgage life insurance as

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

22 487, $29,017,000, to remain available until expended.
†

4

HR 2861 EAS

1 VETERANS HOUSING BENEFIT PROGRAM FUNDPROGRAM

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.
†

5

HR 2861 EAS

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
†

6

HR 2861 EAS

1 to and merged with the appropriation for ‘‘General oper2 ating expenses’’.

3 GUARANTEEDTRANSITIONAL 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;
†

7

HR 2861 EAS

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
†

8

HR 2861 EAS

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-
†

9

HR 2861 EAS

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-
†

10

HR 2861 EAS

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-
†

11

HR 2861 EAS

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.
†

12

HR 2861 EAS

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
†

13

HR 2861 EAS

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
†

14

HR 2861 EAS

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
†

15

HR 2861 EAS

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-
†

16

HR 2861 EAS

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.
†

17

HR 2861 EAS

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-
†

18

HR 2861 EAS

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
†

19

HR 2861 EAS

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

21 require—

22 (1) current, accurate third-party reimbursement

23 information for purposes of section 1729 of such title;

24 and
†

20

HR 2861 EAS

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.
†

21

HR 2861 EAS

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-
†

22

HR 2861 EAS

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.
†

23

HR 2861 EAS

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
†

24

HR 2861 EAS

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
†

25

HR 2861 EAS

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-
†

26

HR 2861 EAS

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
†

27

HR 2861 EAS

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-
†

28

HR 2861 EAS

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
†

29

HR 2861 EAS

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-
†

30

HR 2861 EAS

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
†

31

HR 2861 EAS

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
†

32

HR 2861 EAS

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
†

33

HR 2861 EAS

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
†

34

HR 2861 EAS

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-
†

35

HR 2861 EAS

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-
†

36

HR 2861 EAS

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
†

37

HR 2861 EAS

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
†

38

HR 2861 EAS

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
†

39

HR 2861 EAS

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-
†

40

HR 2861 EAS

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
†

41

HR 2861 EAS

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
†

42

HR 2861 EAS

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
†

43

HR 2861 EAS

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 ANDECONOMIC 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
†

44

HR 2861 EAS

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-
†

45

HR 2861 EAS

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
†

46

HR 2861 EAS

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.
†

47

HR 2861 EAS

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
†

48

HR 2861 EAS

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
†

49

HR 2861 EAS

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
†

50

HR 2861 EAS

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
†

51

HR 2861 EAS

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-
†

52

HR 2861 EAS

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
†

53

HR 2861 EAS

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-
†

54

HR 2861 EAS

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-
†

55

HR 2861 EAS

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 MANUFACTUREDHOUSING 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.
†

56

HR 2861 EAS

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-
†

57

HR 2861 EAS

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 ANDSPECIAL 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-
†

58

HR 2861 EAS

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.
†

59

HR 2861 EAS

1 GOVERNMENT NATIONAL MORTGAGE ASSOCIATION

2 GUARANTEES OF MORTGAGE-BACKEDSECURITIES 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 DEVELOPMENT AND RESEARCH

17 RESEARCH ANDTECHNOLOGY

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
†

60

HR 2861 EAS

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 LEADHAZARDREDUCTION

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-
†

61

HR 2861 EAS

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
†

62

HR 2861 EAS

1 of Housing and Urban Development to carry out the pro2 posed use of funds pursuant to a Notice of Funding Avail3 ability.

4 MANAGEMENT AND ADMINISTRATION

5 SALARIES ANDEXPENSES

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
†

63

HR 2861 EAS

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-
†

64

HR 2861 EAS

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 ANDEXPENSES

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-
†

65

HR 2861 EAS

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
†

66

HR 2861 EAS

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
†

67

HR 2861 EAS

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
†

68

HR 2861 EAS

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
†

69

HR 2861 EAS

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
†

70

HR 2861 EAS

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’’.
†

71

HR 2861 EAS

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
†

72

HR 2861 EAS

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
†

73

HR 2861 EAS

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-
†

74

HR 2861 EAS

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
†

75

HR 2861 EAS

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 ‘‘PAYMENT REWARDS 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)
†

76

HR 2861 EAS

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);
†

77

HR 2861 EAS

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) REQUIREMENT TO 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-
†

78

HR 2861 EAS

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
†

79

HR 2861 EAS

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
†

80

HR 2861 EAS

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) PERMITTEDPERSONS 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
†

81

HR 2861 EAS

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) REIMBURSEMENT OF 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.
†

82

HR 2861 EAS

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) CONSENT TO 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-
†

83

HR 2861 EAS

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-
†

84

HR 2861 EAS

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-
†

85

HR 2861 EAS

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,
†

86

HR 2861 EAS

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-
†

87

HR 2861 EAS

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
†

88

HR 2861 EAS

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
†

89

HR 2861 EAS

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:
†

90

HR 2861 EAS

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 ANDEXPENSES

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
†

91

HR 2861 EAS

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 ANDEXPENSES

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.
†

92

HR 2861 EAS

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
†

93

HR 2861 EAS

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 ANDEXPENSES

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 ANDCOMMUNITY 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-
†

94

HR 2861 EAS

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
†

95

HR 2861 EAS

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-
†

96

HR 2861 EAS

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
†

97

HR 2861 EAS

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 ANDEXPENSES

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
†

98

HR 2861 EAS

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.
†

99

HR 2861 EAS

1 UNITED STATES COURT OF APPEALS FOR VETERANS

2 CLAIMS

3 SALARIES ANDEXPENSES

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 ANDEXPENSES

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.
†

100

HR 2861 EAS

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 ANDENVIRONMENTAL 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-
†

101

HR 2861 EAS

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 ANDTECHNOLOGY

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;
†

102

HR 2861 EAS

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 ANDMANAGEMENT

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
†

103

HR 2861 EAS

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
†

104

HR 2861 EAS

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
†

105

HR 2861 EAS

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 ANDTRIBAL 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,
†

106

HR 2861 EAS

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-
†

107

HR 2861 EAS

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-
†

108

HR 2861 EAS

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
†

109

HR 2861 EAS

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
†

110

HR 2861 EAS

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 ANDSUBMISSION 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:
†

111

HR 2861 EAS

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
†

112

HR 2861 EAS

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.
†

113

HR 2861 EAS

1 EXECUTIVE OFFICE OF THE PRESIDENT

2 OFFICE OF SCIENCE ANDTECHNOLOGY 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 ANDOFFICE 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.
†

114

HR 2861 EAS

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.
†

115

HR 2861 EAS

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 FLIGHT CAPABILITIES

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,
†

116

HR 2861 EAS

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 ANDEXPLORATION

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-
†

117

HR 2861 EAS

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
†

118

HR 2861 EAS

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
†

119

HR 2861 EAS

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.
†

120

HR 2861 EAS

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 ANDRELATEDACTIVITIES

25 For necessary expenses in carrying out the National

26 Science Foundation Act of 1950, as amended (42 U.S.C.
†

121

HR 2861 EAS

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.
†

122

HR 2861 EAS

1 MAJOR RESEARCH EQUIPMENT ANDFACILITIES

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 ANDEXPENSES

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.
†

123

HR 2861 EAS

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.
†

124

HR 2861 EAS

1 NEIGHBORHOOD REINVESTMENT CORPORATION

2 PAYMENT TO THE NEIGHBORHOODREINVESTMENT

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.’’.
†

125

HR 2861 EAS

1 SELECTIVE SERVICE SYSTEM

2 SALARIES ANDEXPENSES

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.
†

126

HR 2861 EAS

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-
†

127

HR 2861 EAS

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
†

128

HR 2861 EAS

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
†

129

HR 2861 EAS

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
†

130

HR 2861 EAS

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
†

131

HR 2861 EAS

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-
†

132

HR 2861 EAS

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’’.
†

133

HR 2861 EAS

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’’;
†

134

HR 2861 EAS

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
†

135

HR 2861 EAS

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
†

136

HR 2861 EAS

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
†

137

HR 2861 EAS

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
†

138

HR 2861 EAS

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.
†

139

HR 2861 EAS

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—
†

140

HR 2861 EAS

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’’.
†

141

HR 2861 EAS

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).’’.
†

142

HR 2861 EAS

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

5 amended—

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 AMOUNT OF 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
†

143

HR 2861 EAS

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 AMOUNT OF 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—
†

144

HR 2861 EAS

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
†

145

HR 2861 EAS

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’’;
†

146

HR 2861 EAS

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) AFFILIATEDPER17 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-
†

147

HR 2861 EAS

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 ANDOTHER 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
†

148

HR 2861 EAS

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-
†

149

HR 2861 EAS

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
†

150

HR 2861 EAS

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 INERT INGREDI10 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
†

151

HR 2861 EAS

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-
†

152

HR 2861 EAS

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) COVEREDPESTICIDE REGISTRATION APPLI24 CATIONS.—
†

153

HR 2861 EAS

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
†

154

HR 2861 EAS

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.
†

155

HR 2861 EAS

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
†

156

HR 2861 EAS

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 ANDREDUCTIONS.—

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
†

157

HR 2861 EAS

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-
†

158

HR 2861 EAS

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-
†

159

HR 2861 EAS

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-
†

160

HR 2861 EAS

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.
†

161

HR 2861 EAS

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.
†

162

HR 2861 EAS

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-
†

163

HR 2861 EAS

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.
†

164

HR 2861 EAS

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 INERT INGREDIENTS.—For each

24 of fiscal years 2004 and 2005, the Administrator

shall use approximately 1 25 ⁄34 of the amount in the
†

165

HR 2861 EAS

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 ANDAPPROPRIATIONS

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) UNUSEDFUNDS.—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) ASSESSMENT OF FEES.—

22 ‘‘(1) DEFINITION OF COVEREDFUNCTIONS.—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
†

166

HR 2861 EAS

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 AMOUNT OF 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
†

167

HR 2861 EAS

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-
†

168

HR 2861 EAS

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.
†

169

HR 2861 EAS

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.
†

170

HR 2861 EAS

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.
†

171

HR 2861 EAS

1 ‘‘(ii) REQUEST GRANTEDWITH 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) REQUEST DENIED.—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-
†

172

HR 2861 EAS

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).
†

173

HR 2861 EAS

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
†

174

HR 2861 EAS

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-
†

175

HR 2861 EAS

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.
†

176

HR 2861 EAS

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.—
†

177

HR 2861 EAS

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;
†

178

HR 2861 EAS

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
†

179

HR 2861 EAS

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
†

180

HR 2861 EAS

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.
†

181

HR 2861 EAS

‘‘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.’’.
†

182

HR 2861 EAS

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’’.

Attest:

Secretary.
108TH CONGRESS

1ST SESSION H. R. 2861

AMENDMENT