II 

Calendar No. 708 

108TH CONGRESS 

2D SESSION S. 2825 

[Report No. 108–353] 

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, 2005, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 21, 2004 

Mr. BOND, from the Committee on Appropriations, reported the following 

original bill; which was read twice and placed on the calendar 

A BILL 

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, 2005, and for other purposes. 

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

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 Departments of Veteran Affairs and Housing and Urban 
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1 Development, and for sundry independent agencies, 

2 boards, commissions, corporations, and offices for the fis3 cal year ending September 30, 2005, and for other pur4 poses, namely: 

5 TITLE I—DEPARTMENT OF VETERANS AFFAIRS 

6 VETERANS BENEFITS ADMINISTRATION

7 COMPENSATION AND PENSIONS

8 (INCLUDING TRANSFER OF FUNDS)

9 For the payment of compensation benefits to or on 

10 behalf of veterans and a pilot program for disability ex11 aminations as authorized by law (38 U.S.C. 107, chapters 

12 11, 13, 18, 51, 53, 55, and 61); pension benefits to or 

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

14 chapters 15, 51, 53, 55, and 61; 92 Stat. 2508); and bur15 ial benefits, emergency and other officers’ retirement pay, 

16 adjusted-service credits and certificates, payment of pre17 miums due on commercial life insurance policies guaran18 teed under the provisions of article IV of the Soldiers’ and 

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

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

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

22 55, and 61; 50 U.S.C. App. 540–548; 43 Stat. 122, 123; 

23 45 Stat. 735; 76 Stat. 1198), $32,607,688,000, to remain 

24 available until expended: Provided, That not to exceed 

25 $20,703,000 of the amount appropriated under this head26 ing shall be reimbursed to ‘‘General operating expenses’’ 
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1 and ‘‘Medical services’’ for necessary expenses in imple2 menting those provisions authorized in the Omnibus 

3 Budget Reconciliation Act of 1990, and in the Veterans’ 

4 Benefits Act of 1992 (38 U.S.C. chapters 51, 53, and 55), 

5 the funding source for which is specifically provided as the 

6 ‘‘Compensation and pensions’’ appropriation: Provided 

7 further, That such sums as may be earned on an actual 

8 qualifying patient basis, shall be reimbursed to ‘‘Medical 

9 facilities revolving fund’’ to augment the funding of indi10 vidual medical facilities for nursing home care provided 

11 to pensioners as authorized. 

12 READJUSTMENT BENEFITS

13 For the payment of readjustment and rehabilitation 

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

15 (38 U.S.C. chapters 21, 30, 31, 34, 35, 36, 39, 51, 53, 

16 55, and 61), $2,556,232,000, to remain available until ex17 pended: Provided, That expenses for rehabilitation pro18 gram services and assistance which the Secretary is au19 thorized to provide under section 3104(a) of title 38, 

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

21 (2), (5), and (11) of that section, shall be charged to this 

22 account. 

23 VETERANS INSURANCE AND INDEMNITIES

24 For military and naval insurance, national service life 

25 insurance, servicemen’s indemnities, service-disabled vet26 erans insurance, and veterans mortgage life insurance as 
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1 authorized by 38 U.S.C. chapter 19; 70 Stat. 887; 72 

2 Stat. 487, $44,380,000, to remain available until ex3 pended. 

4 VETERANS HOUSING BENEFIT PROGRAM FUND PROGRAM

5 ACCOUNT

6 (INCLUDING TRANSFER OF FUNDS)

7 For the cost of direct and guaranteed loans, such 

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

9 authorized by 38 U.S.C. chapter 37, as amended: Pro10 vided, That such costs, including the cost of modifying 

11 such loans, shall be as defined in section 502 of the Con12 gressional Budget Act of 1974, as amended: Provided fur13 ther, That during fiscal year 2005, within the resources 

14 available, not to exceed $500,000 in gross obligations for 

15 direct loans are authorized for specially adapted housing 

16 loans. 

17 In addition, for administrative expenses to carry out 

18 the direct and guaranteed loan programs, $154,075,000, 

19 which may be transferred to and merged with the appro20 priation for ‘‘General operating expenses’’. 

21 VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT

22 (INCLUDING TRANSFER OF FUNDS)

23 For the cost of direct loans, $47,000, as authorized 

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

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

26 as defined in section 502 of the Congressional Budget Act 
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1 of 1974, as amended: Provided further, That funds made 

2 available under this heading are available to subsidize 

3 gross obligations for the principal amount of direct loans 

4 not to exceed $4,108,000. 

5 In addition, for administrative expenses necessary to 

6 carry out the direct loan program, $311,000, which may 

7 be transferred to and merged with the appropriation for 

8 ‘‘General operating expenses’’. 

9 NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM

10 ACCOUNT

11 (INCLUDING TRANSFER OF FUNDS)

12 For administrative expenses to carry out the direct 

13 loan program authorized by 38 U.S.C. chapter 37, sub14 chapter V, as amended, $571,000, which may be trans15 ferred to and merged with the appropriation for ‘‘General 

16 operating expenses’’: Provided, That no new loans in ex17 cess of $50,000,000 may be made in fiscal year 2005. 

18 GUARANTEED TRANSITIONAL HOUSING LOANS FOR

19 HOMELESS VETERANS PROGRAM ACCOUNT

20 For the administrative expenses to carry out the 

21 guaranteed transitional housing loan program authorized 

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

23 $600,000 of the amounts appropriated by this Act for 

24 ‘‘General operating expenses’’ and ‘‘Medical administra25 tion’’ may be expended. 
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1 VETERANS HEALTH ADMINISTRATION

2 MEDICAL SERVICES

3 For necessary expenses for furnishing, as authorized 

4 by law, inpatient and outpatient care and treatment to 

5 beneficiaries of the Department of Veterans Affairs and 

6 veterans described in paragraphs (1) through (8) of sec7 tion 1705(a) of title 38, United States Code, including 

8 care and treatment in facilities not under the jurisdiction 

9 of the department and including medical supplies and 

10 equipment and salaries and expenses of health-care em11 ployees hired under title 38, United States Code, and aid 

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

13 United States Code; $18,298,600,000, plus reimburse14 ments: Provided, That of the funds made available under 

15 this heading, not to exceed $1,100,000,000 shall be avail16 able until September 30, 2006: Provided further, That, 

17 notwithstanding any other provision of law, the Secretary 

18 of Veterans Affairs shall establish a priority for treatment 

19 for veterans who are service-connected disabled, lower in20 come, or have special needs: Provided further, That, not21 withstanding any other provision of law, the Secretary of 

22 Veterans Affairs shall give priority funding for the provi23 sion of basic medical benefits to veterans in enrollment 

24 priority groups 1 through 6: Provided further, That of the 

25 funds made available under this heading, the Secretary 
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1 may transfer up to $250,000,000, to remain available 

2 until expended, to ‘‘Construction, major projects’’ for pur3 poses of implementing CARES subject to a determination 

4 by the Secretary that such funds will improve access and 

5 quality of veteran’s health care needs: Provided further, 

6 That, notwithstanding any other provision of law, the Sec7 retary of Veterans Affairs may authorize the dispensing 

8 of prescription drugs from Veterans Health Administra9 tion facilities to enrolled veterans with privately written 

10 prescriptions based on requirements established by the 

11 Secretary: Provided further, That the implementation of 

12 the program described in the previous proviso shall incur 

13 no additional cost to the Department of Veterans Affairs: 

14 Provided further, That for the DOD VA Health Care 

15 Sharing Incentive Fund, as authorized by section 721 of 

16 Public Law 107–314, a minimum of $15,000,000, to re17 main available until expended, for any purpose authorized 

18 by 38 U.S.C. 8111. 

19 For an additional amount for ‘‘Medical services’’, 

20 $1,200,000,000: Provided, That the entire amount is des21 ignated as an emergency requirement pursuant to section 

22 402 of S. Con. Res. 95 (108th Congress) as made applica23 ble to the House of Representatives by H. Res. 649 (108th 

24 Congress) and applicable to the Senate by Section 14007 

25 of Public Law 108–287. 
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1 MEDICAL ADMINISTRATION

2 For necessary expenses in the administration of the 

3 medical, hospital, nursing home, domiciliary, construction, 

4 supply, and research activities, as authorized by law; ad5 ministrative expenses in support of capital policy activi6 ties; information technology hardware and software; uni7 forms or allowances therefor, as authorized by sections 

8 5901–5902 of title 5, United States Code; and administra9 tive and legal expenses of the department for collecting 

10 and recovering amounts owed the department as author11 ized under chapter 17 of title 38, United States Code, and 

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

13 et seq.); $4,705,000,000, of which $250,000,000 shall be 

14 available until September 30, 2006, plus reimbursements. 

15 MEDICAL FACILITIES

16 For necessary expenses for the maintenance and op17 eration of hospitals, nursing homes, and domiciliary facili18 ties and other necessary facilities for the Veterans Health 

19 Administration; for administrative expenses in support of 

20 planning, design, project management, real property ac21 quisition and disposition, construction and renovation of 

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

23 department; for oversight, engineering and architectural 

24 activities not charged to project costs; for repairing, alter25 ing, improving or providing facilities in the several hos26 pitals and homes under the jurisdiction of the department, 
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1 not otherwise provided for, either by contract or by the 

2 hire of temporary employees and purchase of materials; 

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

4 $3,745,000,000, of which $250,000,000 shall be available 

5 until September 30, 2006. 

6 MEDICAL AND PROSTHETIC RESEARCH

7 For necessary expenses in carrying out programs of 

8 medical and prosthetic research and development as au9 thorized by chapter 73 of title 38, United States Code, 

10 to remain available until September 30, 2006, 

11 $405,592,800, plus reimbursements. 

12 DEPARTMENTAL ADMINISTRATION

13 GENERAL OPERATING EXPENSES

14 For necessary operating expenses of the Department 

15 of Veterans Affairs, not otherwise provided for, including 

16 administrative expenses in support of department-wide 

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

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

21 Services Administration for security guard services, and 

22 the Department of Defense for the cost of overseas em23 ployee mail, $1,399,753,000: Provided, That expenses for 

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

25 3104(a)(1), (2), (5), and (11) that the Secretary deter26 mines are necessary to enable entitled veterans: (1) to the 
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1 maximum extent feasible, to become employable and to ob2 tain and maintain suitable employment; or (2) to achieve 

3 maximum independence in daily living, shall be charged 

4 to this account: Provided further, That the Veterans Bene5 fits Administration shall be funded at not less than 

6 $1,102,193,000: Provided further, That of the funds made 

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

8 shall be available for obligation until September 30, 2006: 

9 Provided further, That from the funds made available 

10 under this heading, the Veterans Benefits Administration 

11 may purchase up to two passenger motor vehicles for use 

12 in operations of that Administration in Manila, Phil13 ippines. 

14 NATIONAL CEMETERY ADMINISTRATION

15 For necessary expenses of the National Cemetery Ad16 ministration for operations and maintenance, not other17 wise provided for, including uniforms or allowances there18 for; cemeterial expenses as authorized by law; purchase 

19 of one passenger motor vehicle for use in cemeterial oper20 ations; and hire of passenger motor vehicles, 

21 $148,925,000: Provided, That of the funds made available 

22 under this heading, not to exceed $7,400,000 shall be 

23 available until September 30, 2006. 

24 OFFICE OF INSPECTOR GENERAL

25 For necessary expenses of the Office of Inspector 

26 General in carrying out the provisions of the Inspector 
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1 General Act of 1978, as amended, $64,711,000, to remain 

2 available until September 30, 2006. 

3 CONSTRUCTION, MAJOR PROJECTS

4 For constructing, altering, extending and improving 

5 any of the facilities including parking projects under the 

6 jurisdiction or for the use of the Department of Veterans 

7 Affairs, or for any of the purposes set forth in sections 

8 316, 2404, 2406, 8102, 8103, 8106, 8108, 8109, 8110, 

9 and 8122 of title 38, United States Code, including plan10 ning, architectural and engineering services, maintenance 

11 or guarantee period services costs associated with equip12 ment guarantees provided under the project, services of 

13 claims analysts, offsite utility and storm drainage system 

14 construction costs, and site acquisition, where the esti15 mated cost of a project is more than the amount set forth 

16 in 38 U.S.C. 8104(a)(3)(A) or where funds for a project 

17 were made available in a previous major project appropria18 tion, $458,800,000, to remain available until expended, of 

19 which $370,709,000 shall be for Capital Asset Realign20 ment for Enhanced Services (CARES) activities; and of 

21 which $8,091,000 shall be to make reimbursements as 

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

23 disputes: Provided, That except for advance planning ac24 tivities, including needs assessments which may or may 

25 not lead to capital investments, and other capital asset 

26 management related activities, such as portfolio develop-
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1 ment and management activities, and investment strategy 

2 studies funded through the advance planning fund and the 

3 planning and design activities funded through the design 

4 fund and CARES funds, including needs assessments 

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

6 of the funds appropriated under this heading shall be used 

7 for any project which has not been approved by the Con8 gress in the budgetary process: Provided further, That 

9 funds provided in this appropriation for fiscal year 2005, 

10 for each approved project (except those for CARES activi11 ties referenced above) shall be obligated: (1) by the award12 ing of a construction documents contract by September 

13 30, 2005; and (2) by the awarding of a construction con14 tract by September 30, 2006: Provided further, That the 

15 Secretary of Veterans Affairs shall promptly report in 

16 writing to the Committees on Appropriations any ap17 proved major construction project in which obligations are 

18 not incurred within the time limitations established above. 

19 CONSTRUCTION, MINOR PROJECTS

20 For constructing, altering, extending, and improving 

21 any of the facilities including parking projects under the 

22 jurisdiction or for the use of the Department of Veterans 

23 Affairs, including planning and assessments of needs 

24 which may lead to capital investments, architectural and 

25 engineering services, maintenance or guarantee period 

26 services costs associated with equipment guarantees pro-
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1 vided under the project, services of claims analysts, offsite 

2 utility and storm drainage system construction costs, and 

3 site acquisition, or for any of the purposes set forth in 

4 sections 316, 2404, 2406, 8102, 8103, 8106, 8108, 8109, 

5 8110, 8122, and 8162 of title 38, United States Code, 

6 where the estimated cost of a project is equal to or less 

7 than the amount set forth in 38 U.S.C. 8104(a)(3)(A), 

8 $230,779,000, to remain available until expended, along 

9 with unobligated balances of previous ‘‘Construction, 

10 minor projects’’ appropriations which are hereby made 

11 available for any project where the estimated cost is equal 

12 to or less than the amount set forth in 38 U.S.C. 

13 8104(a)(3)(A), of which $182,100,000 shall be for Capital 

14 Asset Realignment for Enhanced Services (CARES) ac15 tivities: Provided, That from amounts appropriated under 

16 this heading, additional amounts may be used for CARES 

17 activities upon notification of and approval by the Com18 mittees on Appropriations: Provided further, That funds 

19 in this account shall be available for: (1) repairs to any 

20 of the nonmedical facilities under the jurisdiction or for 

21 the use of the department which are necessary because 

22 of loss or damage caused by any natural disaster or catas23 trophe; and (2) temporary measures necessary to prevent 

24 or to minimize further loss by such causes. 
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1 GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE

2 FACILITIES

3 For grants to assist States to acquire or construct 

4 State nursing home and domiciliary facilities and to re5 model, modify or alter existing hospital, nursing home and 

6 domiciliary facilities in State homes, for furnishing care 

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

8 $105,163,000, to remain available until expended. 

9 GRANTS FOR THE CONSTRUCTION OF STATE VETERANS

10 CEMETERIES

11 For grants to aid States in establishing, expanding, 

12 or improving State veterans cemeteries as authorized by 

13 38 U.S.C. 2408, $32,000,000, to remain available until 

14 expended. 

15 ADMINISTRATIVE PROVISIONS

16 (INCLUDING RESCISSION OF FUNDS)

17 SEC. 101. Any appropriation for fiscal year 2005 for 

18 ‘‘Compensation and pensions’’, ‘‘Readjustment benefits’’, 

19 and ‘‘Veterans insurance and indemnities’’ may be trans20 ferred to any other of the mentioned appropriations. 

21 SEC. 102. Appropriations available to the Depart22 ment of Veterans Affairs for fiscal year 2005 for salaries 

23 and expenses shall be available for services authorized by 

24 5 U.S.C. 3109 hire of passenger motor vehicles; lease of 

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

26 therefore, as authorized by 5 U.S.C. 5901–5902. 
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1 SEC. 103. No appropriations in this Act for the De2 partment of Veterans Affairs (except the appropriations 

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

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

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

6 construction of any new hospital or home. 

7 SEC. 104. No appropriations in this Act for the De8 partment of Veterans Affairs shall be available for hos9 pitalization or examination of any persons (except bene10 ficiaries entitled under the laws bestowing such benefits 

11 to veterans, and persons receiving such treatment under 

12 5 U.S.C. 7901–7904 or 42 U.S.C. 5141–5204), unless re13 imbursement of cost is made to the ‘‘Medical services’’ ac14 count at such rates as may be fixed by the Secretary of 

15 Veterans Affairs. 

16 SEC. 105. Appropriations available to the Depart17 ment of Veterans Affairs for fiscal year 2005 for ‘‘Com18 pensation and pensions’’, ‘‘Readjustment benefits’’, and 

19 ‘‘Veterans insurance and indemnities’’ shall be available 

20 for payment of prior year accrued obligations required to 

21 be recorded by law against the corresponding prior year 

22 accounts within the last quarter of fiscal year 2004. 

23 SEC. 106. Appropriations accounts available to the 

24 Department of Veterans Affairs for fiscal year 2005 shall 

25 be available to pay prior year obligations of corresponding 
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1 prior year appropriations accounts resulting from title X 

2 of the Competitive Equality Banking Act, Public Law 

3 100–86, except that if such obligations are from trust 

4 fund accounts they shall be payable from ‘‘Compensation 

5 and pensions’’. 

6 SEC. 107. Notwithstanding any other provision of 

7 law, during fiscal year 2005, the Secretary of Veterans 

8 Affairs shall, from the National Service Life Insurance 

9 Fund (38 U.S.C. 1920), the Veterans’ Special Life Insur10 ance Fund (38 U.S.C. 1923), and the United States Gov11 ernment Life Insurance Fund (38 U.S.C. 1955), reim12 burse the ‘‘General operating expenses’’ account for the 

13 cost of administration of the insurance programs financed 

14 through those accounts: Provided, That reimbursement 

15 shall be made only from the surplus earnings accumulated 

16 in an insurance program in fiscal year 2005 that are avail17 able for dividends in that program after claims have been 

18 paid and actuarially determined reserves have been set 

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

20 of an insurance program exceeds the amount of surplus 

21 earnings accumulated in that program, reimbursement 

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

23 Provided further, That the Secretary shall determine the 

24 cost of administration for fiscal year 2005 which is prop25 erly allocable to the provision of each insurance program 
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1 and to the provision of any total disability income insur2 ance included in such insurance program. 

3 SEC. 108. Notwithstanding any other provision of 

4 law, the Department of Veterans Affairs shall continue the 

5 Franchise Fund pilot program authorized to be estab6 lished by section 403 of Public Law 103–356 until Octo7 ber 1, 2005: Provided, That the Franchise Fund, estab8 lished by title I of Public Law 104–204 to finance the 

9 operations of the Franchise Fund pilot program, shall con10 tinue until October 1, 2005. 

11 SEC. 109. Amounts deducted from enhanced-use 

12 lease proceeds to reimburse an account for expenses in13 curred by that account during a prior fiscal year for pro14 viding enhanced-use lease services, may be obligated dur15 ing the fiscal year in which the proceeds are received. 

16 SEC. 110. Funds available in any Department of Vet17 erans Affairs appropriation for fiscal year 2005 or funds 

18 for salaries and other administrative expenses shall also 

19 be available to reimburse the Office of Resolution Manage20 ment and the Office of Employment Discrimination Com21 plaint Adjudication for all services provided at rates which 

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

23 the Office of Resolution Management and $3,059,000 for 

24 the Office of Employment and Discrimination Complaint 

25 Adjudication: Provided, That payments may be made in 
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1 advance for services to be furnished based on estimated 

2 costs: Provided further, That amounts received shall be 

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

4 office that provided the service. 

5 SEC. 111. No appropriations in this Act for the De6 partment of Veterans Affairs shall be available to enter 

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

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

9 a report which the Committees on Appropriations of the 

10 Congress approve within 30 days following the date on 

11 which the report is received. 

12 SEC. 112. No appropriations in this Act for the De13 partment of Veterans Affairs shall be available for hos14 pitalization or treatment of any person by reason of eligi15 bility under section 1710(a)(3) of title 38, United States 

16 Code, unless that person has disclosed to the Secretary 

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

18 require— 

19 (1) current, accurate third-party reimbursement 

20 information for purposes of section 1729 of such 

21 title; and 

22 (2) annual income information for purposes of 

23 section 1722 of such title. 

24 SEC. 113. None of the funds in this Act may be used 

25 to implement sections 2 and 5 of Public Law 107–287. 
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1 SEC. 114. (a) Hereafter receipts that would otherwise 

2 be credited to the accounts listed in subsection (c) shall 

3 be deposited into the Medical Care Collections Fund, and 

4 shall be transferred to and merged with the ‘‘Medical serv5 ices’’ account in fiscal year 2005 and subsequent years, 

6 to remain available until expended, to carry out the pur7 poses of the ‘‘Medical services’’ account. 

8 (b) The unobligated balances in the accounts listed 

9 in subsection (c), shall be transferred to and merged with 

10 the ‘‘Medical services’’ account in fiscal year 2005 and 

11 subsequent years and remain available until expended, to 

12 carry out the purposes of the ‘‘Medical services’’ account: 

13 Provided, That the obligated balances in these accounts 

14 may be transferred to the ‘‘Medical services’’ account at 

15 the discretion of the Secretary of Veterans Affairs and 

16 shall remain available until expended. 

17 (c) Veterans Extended Care Revolving Fund; Medical 

18 Facilities Revolving Fund; Special Therapeutic and Reha19 bilitation Fund; Nursing Home Revolving Fund; Veterans 

20 Health Services Improvement Fund; and Parking Revolv21 ing Fund. 

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

23 conduct by contract a program of recovery audits for the 

24 fee basis and other medical services contracts with respect 

25 to payments for hospital care. Notwithstanding section 
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1 3302(b) of title 31, United States Code, amounts col2 lected, by setoff or otherwise, as the result of such audits 

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

4 purposes for which funds are appropriated under ‘‘Medical 

5 services’’ and the purposes of paying a contractor a per6 cent of the amount collected as a result of an audit carried 

7 out by the contractor. 

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

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

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

11 Code) shall be allocated, net of payments to the con12 tractor, to that region. 

13 SEC. 116. Notwithstanding any other provision of 

14 law, at the discretion of the Secretary of Veterans Affairs, 

15 proceeds or revenues derived from enhanced-use leasing 

16 activities (including disposal) that are deposited into the 

17 Medical Care Collections Fund may be transferred and 

18 merged with ‘‘Construction, major projects’’ and ‘‘Con19 struction, minor projects’’ accounts and be used for con20 struction (including site acquisition and disposition), alter21 ations and improvements of any medical facility under the 

22 jurisdiction or for the use of the Department of Veterans 

23 Affairs. Such sums as realized are in addition to the 

24 amount provided for in ‘‘Construction, major projects’’ 

25 and ‘‘Construction, minor projects’’. 
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1 SEC. 117. Any appropriation for fiscal year 2005 for 

2 the Veterans Benefits Administration made available 

3 under the heading for ‘‘General operating expenses’’ may 

4 be transferred to the ‘‘Housing Program Account’’ for the 

5 purpose of providing funds for the nationwide property 

6 management contract if the administrative costs of such 

7 contract exceed $8,800,000 in the budget year. 

8 SEC. 118. Amounts made available under ‘‘Medical 

9 services’’ are available— 

10 (1) for furnishing recreational facilities, sup11 plies, and equipment; and 

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

13 other expenses incidental to funerals and burials for 

14 beneficiaries receiving care in the department. 

15 SEC. 119. That such sums as may be deposited to 

16 the Medical Care Collections Fund pursuant to 38 U.S.C. 

17 1729A may be transferred to ‘‘Medical services’’, to re18 main available until expended for the purposes of this ac19 count. 

20 SEC. 120. Amounts made available for fiscal year 

21 2005 under the ‘‘Medical services’’, ‘‘Medical administra22 tion’’, and ‘‘Medical facilities’’ accounts may be trans23 ferred between the accounts to the extent necessary to im24 plement the restructuring of the Veterans Health Admin25 istration accounts after notice of the amount and purpose 
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1 of the transfer is provided to the Committees on Appro2 priations of the Senate and House of Representatives and 

3 a period of 30 days has elapsed: Provided, That the limita4 tion on transfers is 20 percent in fiscal year 2005. 

5 SEC. 121. The Department of Veterans Affairs is au6 thorized to expend such sums as are available in the unob7 ligated balances of the funds originally appropriated to 

8 Medical Care for emergency expenses resulting from the 

9 January 1994 earthquake in Southern California in Public 

10 Law 103–211, Emergency Supplemental Appropriations 

11 Act of 1994, for the same purposes of the Medical Care 

12 account, to remain available until expended. 

13 SEC. 122. Such funds as may be transferred pursu14 ant to Public Law 108–199 from ‘‘Medical Services’’ to 

15 ‘‘Construction, major projects’’ for purposes of imple16 menting CARES, shall, upon transfer, remain available 

17 until expended. 

18 SEC. 123. Notwithstanding any other provision of 

19 law, the Secretary of Veterans Affairs (Secretary) shall 

20 allow veterans eligible under existing VA Medical Care re21 quirements and who reside in Alaska to obtain medical 

22 care services from medical facilities supported by the In23 dian Health Services or tribal organizations. The Sec24 retary shall (1) limit the application of this provision to 

25 rural Alaskan veterans in areas where an existing VA fa-
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1 cility or VA-contracted service is unavailable, (2) require 

2 participating veterans and facilities to comply with all ap3 propriate rules and regulations, as established by the Sec4 retary, (3) require this provision to be consistent with 

5 CARES, and (4) result in no additional cost to the De6 partment of Veterans Affairs. 

7 TITLE II—DEPARTMENT OF HOUSING AND 

8 URBAN DEVELOPMENT 

9 PUBLIC AND INDIAN HOUSING

10 HOUSING CERTIFICATE FUND

11 (INCLUDING TRANSFER AND RESCISSION OF FUNDS)

12 For activities and assistance under the United States 

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

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

15 $20,707,804,000, and amounts that are recaptured in this 

16 account, to remain available until expended: Provided, 

17 That of the amounts made available under this heading, 

18 $16,507,804,000 and the aforementioned recaptures shall 

19 be available on October 1, 2004 and $4,200,000,000 shall 

20 be available on October 1, 2005: Provided further, That 

21 amounts made available under this heading are provided 

22 as follows: 

23 (1) $19,034,000,000 for expiring or termi24 nating section 8 project-based subsidy contracts (in25 cluding section 8 moderate rehabilitation contracts), 

26 for amendments to section 8 project-based subsidy 
24 

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1 contracts, for contracts entered into pursuant to sec2 tion 441 of the McKinney-Vento Homeless Assist3 ance Act, for the renewal of section 8 contracts for 

4 units in projects that are subject to approved plans 

5 of action under the Emergency Low Income Housing 

6 Preservation Act of 1987 or the Low-Income Hous7 ing Preservation and Resident Homeownership Act 

8 of 1990, and for renewals of expiring section 8 ten9 ant-based annual contributions contracts (including 

10 amendments and renewals of enhanced vouchers 

11 under any provision of law authorizing such assist12 ance under section 8(t) of the Act (42 U.S.C. 

13 1437f(t))): Provided, That notwithstanding any 

14 other provision of law, the Secretary shall renew ex15 piring section 8 tenant-based annual contributions 

16 contracts for each public housing agency, (including 

17 for agencies participating in the Moving to Work 

18 demonstration, unit months representing section 8 

19 tenant-based assistance funds committed by the pub20 lic housing agency for specific purposes, other than 

21 reserves, that are authorized pursuant to any agree22 ment and conditions entered into under such dem23 onstration, and utilized in compliance with any ap24 plicable program obligation deadlines) based on the 

25 total number of unit months which were under lease 
25 

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1 as reported on the most recent end-of-year financial 

2 statement submitted by the public housing agency to 

3 the Department, or as adjusted by such additional 

4 information submitted by the public housing agency 

5 to the Secretary as of October 1, 2004 (subject to 

6 verification), and by applying an inflation factor that 

7 is not more than the annual adjustment factor es8 tablished by the Secretary, except that such factor 

9 may be adjusted for high utility costs, where tenant 

10 contributions substantially decrease or where an 

11 owner demonstrates the rent for a subsidized unit is 

12 less than the rent for a comparable unsubsidized 

13 unit in the same census tract or larger area, as may 

14 be appropriate, except as otherwise provided in this 

15 Act: Provided further, That, notwithstanding any 

16 other provision of law, all units shall be subject to 

17 a rent reasonableness test: Provided further, That 

18 none of the funds made available in this paragraph 

19 may be used to support a total number of unit 

20 months under lease which exceeds a public housing 

21 agency’s authorized level of units under contract; 

22 (2) $100,000,000 for a central fund to be allo23 cated by the Secretary for amendments to section 8 

24 tenant-based annual contributions contracts for such 

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

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1 subject to the following proviso, the Secretary may 

2 use amounts made available in such fund, as nec3 essary, for an increase in the total number of unit 

4 months under lease as compared to the number of 

5 unit months under lease as of October 1, 2004, pro6 vided for by the annual contributions contract: Pro7 vided further, That if a public housing agency, at 

8 any point in time during their fiscal year, has obli9 gated the amounts made available to such agency 

10 pursuant to paragraph (1) under this heading for 

11 the renewal of expiring section 8 tenant-based an12 nual contributions contracts, and if such agency has 

13 expended fifty percent of the amounts available to 

14 such agency in its annual contributions contract re15 serve account, the Secretary may only make avail16 able amounts as are necessary from amounts avail17 able from such central fund to fund additional 

18 leased units under the preceding proviso within thir19 ty days of a request from such agency: Provided fur20 ther, That the Secretary may make available addi21 tional amounts to public housing agencies as are 

22 necessary to meet costs under the previous para23 graph, as determined appropriate by the Secretary: 

24 Provided further, That, except as provided otherwise 

25 in this Act and under this heading, no public hous-
27 

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1 ing agency may receive a total amount under para2 graph (1) and (2) that exceeds an amount equal to 

3 102 percent of the amount determined under para4 graph (1) (including increased adjustments for high 

5 utility costs, reduced tenant contributions and where 

6 rents for subsidized units are less than rents for 

7 comparable unsubsidized units): Provided further, 

8 That none of the funds made available in this para9 graph may be used to support a total number of unit 

10 months under lease which exceeds a public housing 

11 agency’s authorized level of units under contract: 

12 Provided further, That the Secretary shall provide 

13 quarterly reports to the Committees on Appropria14 tions of the House and the Senate on the obligation 

15 of funds provided in this paragraph in accordance 

16 with the directions specified in the report accom17 panying this Act; 

18 (3) $163,000,000 for section 8 rental assistance 

19 for relocation and replacement of housing units that 

20 are demolished or disposed of pursuant to the Omni21 bus Consolidated Rescissions and Appropriations Act 

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

23 23 projects to assistance under section 8, the family 

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

25 relocation of witnesses in connection with efforts to 
28 

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1 combat crime in public and assisted housing pursu2 ant to a request from a law enforcement or prosecu3 tion agency, enhanced vouchers under any provision 

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

5 of the Act (42 U.S.C.1437f(t)), and tenant protec6 tion assistance, including replacement and relocation 

7 assistance; 

8 (4) $48,000,000 for family self-sufficiency coor9 dinators under section 23 of the Act; 

10 (5) $1,256,000,000 for administrative and 

11 other expenses of public housing agencies in admin12 istering the section 8 tenant-based rental assistance 

13 program: Provided, That all such administrative fee 

14 amounts provided under this paragraph shall be only 

15 for activities related to the provision of rental assist16 ance under section 8, including related development 

17 activities; 

18 (6) $101,900,000 for contract administrators 

19 for section 8 project-based assistance; and 

20 (7) not less than $4,904,000 shall be trans21 ferred to the Working Capital Fund for the develop22 ment of and modifications to information technology 

23 systems which serve programs or activities under 

24 ‘‘Public and Indian Housing’’. 
29 

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1 The Secretary may transfer up to 15 percent of funds 

2 provided under paragraphs (1), (2) or (3), herein to para3 graphs (1), (2), or (3), if the Secretary determines that 

4 such action is necessary because the funding provided 

5 under one such paragraph otherwise would be depleted 

6 and as a result, the maximum utilization of section 8 ten7 ant-based assistance with the funds appropriated for this 

8 purpose by this Act would not be feasible: Provided, That 

9 prior to undertaking the transfer of funds in excess of 10 

10 percent from any paragraph pursuant to the previous pro11 viso, the Secretary shall notify the Chairman and Ranking 

12 Member of the Subcommittees on Veterans Affairs and 

13 Housing and Urban Development, and Independent Agen14 cies of the Committees on Appropriations of the House 

15 of Representatives and the Senate and shall not transfer 

16 any such funds until 30 days after such notification: Pro17 vided further, That incremental vouchers previously made 

18 available under this heading for non-elderly disabled fami19 lies shall, to the extent practicable, continue to be provided 

20 to non-elderly disabled families upon turnover: Provided 

21 further, That, hereafter, the Secretary shall require public 

22 housing agencies to submit accounting data for funds dis23 bursed under this heading in this Act and prior Acts by 

24 source and purpose of such funds: Provided further, That 

25 $2,588,172,000 is rescinded from unobligated balances re-
30 

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1 maining from funds appropriated to the Department of 

2 Housing and Urban Development under this heading or 

3 the heading ‘‘Annual contributions for assisted housing’’ 

4 for fiscal year 2004 and prior years, to be effected by the 

5 Secretary no later than June 30, 2005: Provided further, 

6 That the Comptroller General of the United States shall 

7 audit all funds available for rescission under the previous 

8 proviso and certify the amount of funds available for re9 scission: Provided further, That to the extent that there 

10 are insufficient funds to meet the rescission requirements 

11 under the previous proviso, the remaining amount to be 

12 rescinded shall be rescinded proportionately from each dis13 cretionary account and item of budget authority included 

14 for fiscal year 2005 within this Act and from the amount 

15 of budget authority provided for the advance appropriation 

16 under the heading ‘‘Housing certificate fund’’ contained 

17 in the Departments of Veterans Affairs and Housing and 

18 Urban Development, and Independent Agencies Appro19 priations Act, 2004: Provided further, That no funds shall 

20 be rescinded from the amount of budget authority pro21 vided under the heading ‘‘Medical services’’ contained in 

22 title I of this Act: Provided further, That any obligated 

23 balances of contract authority from fiscal year 1974 and 

24 prior that have been terminated shall be cancelled. 
31 

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1 PUBLIC HOUSING CAPITAL FUND

2 (INCLUDING TRANSFER OF FUNDS)

3 For the Public Housing Capital Fund Program to 

4 carry out capital and management activities for public 

5 housing agencies, as authorized under section 9 of the 

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

7 U.S.C. 1437g) (the ‘‘Act’’) $2,700,000,000, to remain 

8 available until September 30, 2008: Provided, That not9 withstanding any other provision of law or regulation, dur10 ing fiscal year 2005, the Secretary may not delegate to 

11 any Department official other than the Deputy Secretary 

12 and the Assistant Secretary for Public and Indian Hous13 ing any authority under paragraph (2) of section 9(j) re14 garding the extension of the time periods under such sec15 tion: Provided further, That for purposes of such section 

16 9(j), the term ‘‘obligate’’ means, with respect to amounts, 

17 that the amounts are subject to a binding agreement that 

18 will result in outlays, immediately or in the future: Pro19 vided further, That of the total amount provided under 

20 this heading, up to $50,000,000 shall be for carrying out 

21 activities under section 9(h) of such Act, of which up to 

22 $15,000,000 shall be for the provision of remediation serv23 ices to public housing agencies identified as ‘‘troubled’’ 

24 under the Section 8 Management Assessment Program 

25 and for surveys used to calculate local Fair Market Rents 

26 and assess housing conditions in connection with rental 
32 

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1 assistance under section 8 of the Act: Provided further, 

2 That of the total amount provided under this heading, 

3 such funds as necessary shall be for lease adjustments to 

4 section 23 projects, and no less than $4,500,000 shall be 

5 transferred to the Working Capital Fund for the develop6 ment of and modifications to information technology sys7 tems which serve programs or activities under ‘‘Public and 

8 Indian housing’’: Provided further, That no funds may be 

9 used under this heading for the purposes specified in sec10 tion 9(k) of the United States Housing Act of 1937, as 

11 amended: Provided further, That of the total amount pro12 vided under this heading, up to $50,000,000 shall be avail13 able for the Secretary of Housing and Urban Development 

14 to make grants to public housing agencies for emergency 

15 capital needs resulting from emergencies and natural dis16 asters in fiscal year 2005: Provided further, That of the 

17 total amount provided under this heading, up to 

18 $55,000,000 shall be for supportive services, service coor19 dinators and congregate services as authorized by section 

20 34 of the Act and the Native American Housing Assist21 ance and Self-Determination Act of 1996: Provided fur22 ther, That of the total amount provided under this head23 ing, $15,000,000 shall be for Neighborhood Networks 

24 grants for activities authorized in section 9(d)(1)(E) of the 

25 United States Housing Act of 1937, as amended: Provided 
33 

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1 further, That notwithstanding any other provision of law, 

2 amounts made available in the previous proviso shall be 

3 awarded to public housing agencies on a competitive basis: 

4 Provided further, That up to $30,000,000 shall be avail5 able for demolition, relocation, and site remediation for ob6 solete and distressed public housing units. 

7 PUBLIC HOUSING OPERATING FUND

8 For 2005 payments to public housing agencies for the 

9 operation and management of public housing, as author10 ized by section 9(e) of the United States Housing Act of 

11 1937, as amended (42 U.S.C. 1437g(e)), $2,610,000,000, 

12 of which $15,000,000 in bonus funds shall be provided 

13 to public housing agencies that assist program partici14 pants in moving away from dependency on housing assist15 ance programs: Provided, That, for fiscal year 2005 and 

16 all fiscal years thereafter, the Secretary shall provide as17 sistance under this heading on a calendar year basis to 

18 all public housing agencies: Provided further, That, for fis19 cal year 2005, no public housing agency shall receive as20 sistance under this heading in excess of the amount of 

21 assistance that is determined available to pay for the costs 

22 of operating and managing its public housing through De23 cember 31, 2005: Provided further, That of the total 

24 amount provided under this heading, up to $30,000,000 

25 shall be available for public housing agencies for the costs 

26 of transitioning to the budgeting of operating costs on a 
34 

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1 calendar year basis, including the costs associated with im2 plementing appropriate information technology systems: 

3 Provided further, That, in fiscal year 2005 and all fiscal 

4 years hereafter, no amounts under this heading in any ap5 propriations Act may be used for payments to public hous6 ing agencies for the costs of operation and management 

7 of public housing for any year prior to the current year 

8 of such Act: Provided further, That no funds may be used 

9 under this heading for the purposes specified in section 

10 9(k) of the United States Housing Act of 1937, as amend11 ed. 

12 REVITALIZATION OF SEVERELY DISTRESSED PUBLIC

13 HOUSING (HOPE VI)

14 For grants to public housing agencies for demolition, 

15 site revitalization, replacement housing, and tenant-based 

16 assistance grants to projects as authorized by section 24 

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

18 $150,000,000, to remain available until September 30, 

19 2005, of which the Secretary may use up to $4,000,000 

20 for technical assistance and contract expertise, to be pro21 vided directly or indirectly by grants, contracts or coopera22 tive agreements, including training and cost of necessary 

23 travel for participants in such training, by or to officials 

24 and employees of the department and of public housing 

25 agencies and to residents: Provided, That none of such 

26 funds shall be used directly or indirectly by granting com-
35 

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1 petitive advantage in awards to settle litigation or pay 

2 judgments, unless expressly permitted herein. 

3 DRUG ELIMINATION GRANTS FOR LOW-INCOME HOUSING

4 Of the unobligated balances remaining from funds 

5 appropriated in fiscal year 2001 and prior years under the 

6 heading ‘‘Drug elimination grants and low-income hous7 ing,’’ $5,000,000 is hereby cancelled. 

8 NATIVE AMERICAN HOUSING BLOCK GRANTS

9 (INCLUDING TRANSFERS OF FUNDS)

10 For the Native American Housing Block Grants pro11 gram, as authorized under title I of the Native American 

12 Housing Assistance and Self-Determination Act of 1996 

13 (NAHASDA) (25 U.S.C. 4111 et seq.), $650,241,000, to 

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

15 be contracted through the Secretary as technical assist16 ance and capacity building to be used by the National 

17 American Indian Housing Council in support of the imple18 mentation of NAHASDA; of which $4,500,000 shall be 

19 to support the inspection of Indian housing units, contract 

20 expertise, training, and technical assistance in the train21 ing, oversight, and management of Indian housing and 

22 tenant-based assistance, including up to $300,000 for re23 lated travel; and of which no less than $500,000 shall be 

24 transferred to the Working Capital Fund for development 

25 of and modifications to information technology systems 

26 which serve programs or activities under ‘‘Public and In-
36 

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1 dian housing’’: Provided, That of the amount provided 

2 under this heading, $2,000,000 shall be made available 

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

4 authorized by title VI of NAHASDA: Provided further, 

5 That such costs, including the costs of modifying such 

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

7 502 of the Congressional Budget Act of 1974, as amend8 ed: Provided further, That these funds are available to sub9 sidize the total principal amount of any notes and other 

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

11 exceed $17,926,357: Provided further, That for adminis12 trative expenses to carry out the guaranteed loan program, 

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

14 shall be transferred to and merged with the appropriation 

15 for ‘‘Salaries and expenses’’, to be used only for the ad16 ministrative costs of these guarantees: Provided further, 

17 That of the unobligated balances remaining from funds 

18 appropriated in fiscal year 2004 and prior years under the 

19 heading, ‘‘Native American Housing Block Grant’’ for ac20 tivities related to title VI of NAHASDA, $21,000,000 is 

21 hereby cancelled. 

22 INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM

23 ACCOUNT

24 (INCLUDING TRANSFER OF FUNDS)

25 For the cost of guaranteed loans, as authorized by 

26 section 184 of the Housing and Community Development 
37 

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1 Act of 1992 (12 U.S.C. 1715z–13a), $1,000,000, to re2 main available until expended: Provided, That such costs, 

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

4 defined in section 502 of the Congressional Budget Act 

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

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

7 which is to be guaranteed, not to exceed $29,069,767. 

8 In addition, for administrative expenses to carry out 

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

10 amounts in the first paragraph, which shall be transferred 

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

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

13 these guarantees. 

14 Of the unobligated balances remaining from funds 

15 appropriated in fiscal year 2004 and prior years under the 

16 heading, ‘‘Indian Housing Loan Guarantee Fund Pro17 gram Account,’’ for activities related to the cost of guaran18 teed loans, $33,000,000 are hereby cancelled. 

19 NATIVE HAWAIIAN HOUSING LOAN GUARANTEE FUND

20 PROGRAM ACCOUNT

21 (INCLUDING TRANSFER OF FUNDS)

22 For the cost of guaranteed loans, as authorized by 

23 section 184A of the Housing and Community Develop24 ment Act of 1992 (12 U.S.C. 1715z–13b), $1,000,000, to 

25 remain available until expended: Provided, That such 

26 costs, including the costs of modifying such loans, shall 
38 

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1 be as defined in section 502 of the Congressional Budget 

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

3 funds are available to subsidize total loan principal, any 

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

5 $37,403,101. 

6 In addition, for administrative expenses to carry out 

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

8 amounts in the first paragraph, which shall be transferred 

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

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

11 these guarantees. 

12 COMMUNITY PLANNING AND DEVELOPMENT

13 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS

14 For carrying out the Housing Opportunities for Per15 sons with AIDS program, as authorized by the AIDS 

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

17 $294,800,000, to remain available until September 30, 

18 2006: Provided, That the Secretary shall renew all expir19 ing contracts for permanent supportive housing that were 

20 funded under section 854(c)(3) of such Act that meet all 

21 program requirements before awarding funds for new con22 tracts and activities authorized under this section: Pro23 vided further, That the Secretary may use up to 

24 $2,500,000 of the funds under this heading for training, 

25 oversight, and technical assistance activities. 
39 

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1 RURAL HOUSING AND ECONOMIC DEVELOPMENT

2 For the Office of Rural Housing and Economic De3 velopment in the Department of Housing and Urban De4 velopment, $25,000,000 to remain available until ex5 pended, which amount shall be competitively awarded by 

6 June 1, 2005, to Indian tribes, State housing finance 

7 agencies, State community and/or economic development 

8 agencies, local rural nonprofits and community develop9 ment corporations to support innovative housing and eco10 nomic development activities in rural areas. 

11 COMMUNITY DEVELOPMENT FUND

12 (INCLUDING TRANSFERS OF FUNDS)

13 For assistance to units of State and local govern14 ment, and to other entities, for economic and community 

15 development activities, and for other purposes, 

16 $4,950,000,000, to remain available until September 30, 

17 2007 unless otherwise specified: Provided, That of the 

18 amount provided, $4,547,700,000 is for carrying out the 

19 community development block grant program under title 

20 I of the Housing and Community Development Act of 

21 1974, as amended (the ‘‘Act’’ herein) (42 U.S.C. 5301 et 

22 seq.): Provided further, That unless explicitly provided for 

23 under this heading (except for planning grants provided 

24 in the third paragraph and amounts made available in the 

25 second paragraph), not to exceed 20 percent of any grant 

26 made with funds appropriated under this heading (other 
40 

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1 than a grant made available in this paragraph to the 

2 Housing Assistance Council or the National American In3 dian Housing Council, or a grant using funds under sec4 tion 107(b)(3) of the Act) shall be expended for planning 

5 and management development and administration: Pro6 vided further, That $72,000,000 shall be for grants to In7 dian tribes notwithstanding section 106(a)(1) of such Act; 

8 $3,300,000 shall be for a grant to the Housing Assistance 

9 Council; $2,500,000 shall be for a grant to the National 

10 American Indian Housing Council; $51,000,000 shall be 

11 for grants pursuant to section 107 of the Act, of which 

12 $10,000,000 shall be for the Native Hawaiian block grant 

13 authorized under title VIII of the Native American Hous14 ing Assistance and Self-Determination Act of 1996, to re15 main available until expended, of which $500,000 shall for 

16 training and technical assistance; no less than $500,000 

17 shall be transferred to the Working Capital Fund for the 

18 development of and modification to information technology 

19 systems which serve programs or activities under ‘‘Com20 munity planning and development’’; $25,000,000 shall be 

21 for grants pursuant to the Self Help Homeownership Op22 portunity Program; $35,000,000 shall be for capacity 

23 building, of which $31,500,000 shall be for Capacity 

24 Building for Community Development and Affordable 

25 Housing for LISC and the Enterprise Foundation for ac-
41 

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1 tivities as authorized by section 4 of the HUD Demonstra2 tion Act of 1993 (42 U.S.C. 9816 note), as in effect imme3 diately before June 12, 1997, with not less than 

4 $5,000,000 of the funding to be used in rural areas, in5 cluding tribal areas, and of which $3,500,000 shall be for 

6 capacity building activities administered by Habitat for 

7 Humanity International; $65,000,000 shall be available 

8 for YouthBuild program activities authorized by subtitle 

9 D of title IV of the Cranston-Gonzalez National Afford10 able Housing Act, as amended, and such activities shall 

11 be an eligible activity with respect to any funds made 

12 available under this heading: Provided, That local 

13 YouthBuild programs that demonstrate an ability to lever14 age private and nonprofit funding shall be given a priority 

15 for YouthBuild funding: Provided further, That no more 

16 than 10 percent of any grant award under the YouthBuild 

17 program may be used for administrative costs: Provided 

18 further, That of the amount made available for YouthBuild 

19 not less than $7,000,000 is for grants to establish 

20 YouthBuild programs in underserved and rural areas and 

21 $2,000,000 is to be made available for a grant to 

22 YouthBuild USA for capacity building for community de23 velopment and affordable housing activities as specified in 

24 section 4 of the HUD Demonstration Act of 1993, as 

25 amended. 
42 

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1 Of the amount made available under this heading, 

2 $22,000,000 shall be available for neighborhood initiatives 

3 that are utilized to improve the conditions of distressed 

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

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

9 reform initiatives: Provided, That amounts made available 

10 under this paragraph shall be provided in accordance with 

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

13 Of the amount made available under this heading, 

14 $126,000,000 shall be available for grants for the Eco15 nomic Development Initiative (EDI) to finance a variety 

16 of targeted economic investments in accordance with the 

17 terms and conditions specified in the report accompanying 

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

19 this paragraph may be used for program operations. 

20 The referenced statement of the managers under this 

21 heading in title II of Division G of the Consolidated Ap22 propriations Resolution, 2004 (Public Law 108–199; H. 

23 Rept. 108–401) is deemed to be amended with respect to 

24 item 24 by striking ‘‘Tuscaloosa County Commission for 

25 Community Development in Tuscaloosa County, Ala-
43 

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1 bama;’’ and insert in lieu thereof ‘‘City of Tuscaloosa for 

2 community development in Tuscaloosa, Alabama;’’. 

3 The referenced statement of the managers under this 

4 heading in title II of Division G of the Consolidated Ap5 propriations Resolution, 2004 (Public Law 108–199; H. 

6 Rept. 108–401) is deemed to be amended with respect to 

7 item 796 by striking ‘‘Community Center’’ and insert in 

8 lieu thereof ‘‘Convention Center’’. 

9 The referenced statement of the managers under this 

10 heading in title II of Public Law 107–73; H. Rept. 107– 

11 272 is deemed to be amended by striking ‘‘Southern New 

12 Mexico Fair and Rodeo in Dona Ana County for infra13 structure improvements and to build a multipurpose event 

14 center;’’ and insert in lieu thereof ‘‘Dona Ana County, 

15 New Mexico, for the Southern New Mexico State Fair to 

16 make infrastructure improvements and to build a multi17 purpose event center;’’. 

18 The referenced statement of the managers under this 

19 heading in title II of Division G of the Consolidated Ap20 propriations Resolution, 2004 (Public Law 108–199; H. 

21 Rept. 108–401) is deemed to be amended with respect to 

22 item 218 by striking ‘‘construction’’ and insert in lieu 

23 thereof ‘‘planning and design’’. 

24 The referenced statement of the managers under this 

25 heading in title II of Public Law 106–377; H. Rept. 106– 
44 

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1 988 is deemed to be amended by striking ‘‘for the pur2 chase of’’ and inserting in lieu thereof ‘‘for landscaping 

3 improvements’’ in respect to the grant to the Town of 

4 Beacon Falls, Connecticut. 

5 The statement of managers accompanying Public 

6 Law 106–74, as amended by chapter 8 of title II of the 

7 Emergency Supplemental Act, 2000 (Public Law 106– 

8 246), is further amended by inserting ‘‘, to remain avail9 able to be expended until September 30, 2007,’’ after 

10 ‘‘$25,000,000’’. 

11 The referenced statement of managers under the 

12 heading in title II of Division G of the Consolidated Ap13 propriations Resolution, 2004 (Public Law 108–199; H. 

14 Rpt. 108–401) is deemed to be amended with respect to 

15 numbers 418 and 423 by striking out both specified grants 

16 and inserting in lieu thereof ‘‘418. $900,000 to Northland 

17 Neighborhoods, Inc. in Clay County, Missouri for the ex18 pansion of the current Home Repair Program to provide 

19 home repairs to low- to moderate-income neighborhoods;’’. 

20 COMMUNITY DEVELOPMENT LOAN GUARANTEES

21 PROGRAM ACCOUNT

22 (INCLUDING TRANSFER OF FUNDS)

23 For the cost of guaranteed loans, $6,325,000, to re24 main available until September 30, 2005, as authorized 

25 by section 108 of the Housing and Community Develop26 ment Act of 1974, as amended: Provided, That such costs, 
45 

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1 including the cost of modifying such loans, shall be as de2 fined in section 502 of the Congressional Budget Act of 

3 1974, as amended: Provided further, That these funds are 

4 available to subsidize total loan principal, any part of 

5 which is to be guaranteed, not to exceed $275,000,000, 

6 notwithstanding any aggregate limitation on outstanding 

7 obligations guaranteed in section 108(k) of the Housing 

8 and Community Development Act of 1974, as amended. 

9 In addition, for administrative expenses to carry out 

10 the guaranteed loan program, $1,000,000 which shall be 

11 transferred to and merged with the appropriation for 

12 ‘‘Salaries and expenses’’. 

13 BROWNFIELDS REDEVELOPMENT

14 For competitive economic development grants, as au15 thorized by section 108(q) of the Housing and Community 

16 Development Act of 1974, as amended, for Brownfields 

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

18 until September 30, 2007. 

19 HOME INVESTMENT PARTNERSHIPS PROGRAM

20 (INCLUDING TRANSFER OF FUNDS)

21 For the HOME investment partnerships program, as 

22 authorized under title II of the Cranston-Gonzalez Na23 tional Affordable Housing Act, as amended, 

24 $2,000,000,000, to remain available until September 30, 

25 2007: Provided, That of the total amount provided in this 

26 paragraph, up to $45,000,000 shall be available for hous-
46 

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1 ing counseling under section 106 of the Housing and 

2 Urban Development Act of 1968 and no less than 

3 $200,000 shall be transferred to the Working Capital 

4 Fund for the development of and modifications to informa5 tion technology systems which serve programs or activities 

6 under ‘‘Community planning and development’’. 

7 In addition to amounts otherwise made available 

8 under this heading, $50,000,000, to remain available until 

9 September 30, 2007, for assistance to homebuyers as au10 thorized under title I of the American Dream Downpay11 ment Act. 

12 HOMELESS ASSISTANCE GRANTS

13 (INCLUDING TRANSFER OF FUNDS)

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

16 Homeless Assistance Act, as amended; the supportive 

17 housing program as authorized under subtitle C of title 

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

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

21 homeless individuals pursuant to section 441 of the 

22 McKinney-Vento Homeless Assistance Act; and the shelter 

23 plus care program as authorized under subtitle F of title 

24 IV of such Act, $1,260,000,000, of which $1,240,000,000 

25 shall remain available until September 30, 2007, and of 

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

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

2 available, excluding amounts provided for renewals under 

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

4 housing: Provided further, That all funds awarded for 

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

6 grantee: Provided further, That the Secretary shall renew 

7 on an annual basis expiring contracts or amendments to 

8 contracts funded under the shelter plus care program if 

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

12 Secretary: Provided further, That all awards of assistance 

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

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

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

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

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

23 shall be available for the national homeless data analysis 

24 project and technical assistance: Provided further, That no 

25 less than $500,000 of the funds appropriated under this 
48 

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1 heading shall be transferred to the Working Capital Fund 

2 for the development of and modifications to information 

3 technology systems which serve programs or activities 

4 under ‘‘Community planning and development’’: Provided 

5 further, That all balances for Shelter Plus Care renewals 

6 previously funded from the Shelter Plus Care Renewal ac7 count shall be transferred to this account, to be available 

8 for Shelter Plus Care renewals in fiscal year 2005. 

9 HOUSING PROGRAMS

10 HOUSING FOR THE ELDERLY

11 (INCLUDING TRANSFER OF FUNDS)

12 For capital advances, including amendments to cap13 ital advance contracts, for housing for the elderly, as au14 thorized by section 202 of the Housing Act of 1959, as 

15 amended, and for project rental assistance for the elderly 

16 under section 202(c)(2) of such Act, including amend17 ments to contracts for such assistance and renewal of ex18 piring contracts for such assistance for up to a 1-year 

19 term, and for supportive services associated with the hous20 ing, $773,800,000, plus recaptures and cancelled commit21 ments, to remain available until September 30, 2008, of 

22 which amount $53,000,000 shall be for service coordina23 tors and the continuation of existing congregate service 

24 grants for residents of assisted housing projects, and of 

25 which amount up to $30,000,000 shall be for grants under 

26 section 202b of the Housing Act of 1959 (12 U.S.C. 
49 

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1 1701q–2) for conversion of eligible projects under such 

2 section to assisted living or related use, for substantial re3 habilitation, and for emergency capital repairs as deter4 mined by the Secretary: Provided, That of the amount 

5 made available under this heading, $20,000,000 shall be 

6 available to the Secretary of Housing and Urban Develop7 ment only for making competitive grants to private non8 profit organizations and consumer cooperatives for cov9 ering costs of architectural and engineering work, site con10 trol, and other planning relating to the development of 

11 supportive housing for the elderly that is eligible for assist12 ance under section 202 of the Housing Act of 1959 (12 

13 U.S.C. 1701q): Provided further, That no less than 

14 $75,000 shall be transferred to the Working Capital Fund 

15 for the development of and modifications to information 

16 technology systems which serve programs or activities 

17 under ‘‘Housing programs’’ or ‘‘Federal Housing Admin18 istration’’: Provided further, That the Secretary may waive 

19 the provisions of section 202 governing the terms and con20 ditions of project rental assistance, except that the initial 

21 contract term for such assistance shall not exceed 5 years 

22 in duration. 

23 HOUSING FOR PERSONS WITH DISABILITIES

24 (INCLUDING TRANSFER OF FUNDS)

25 For capital advance contracts, including amendments 

26 to capital advance contracts, for supportive housing for 
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1 persons with disabilities, as authorized by section 811 of 

2 the Cranston-Gonzalez National Affordable Housing Act, 

3 for project rental assistance for supportive housing for 

4 persons with disabilities under section 811(d)(2) of such 

5 Act, including amendments to contracts for such assist6 ance and renewal of expiring contracts for such assistance 

7 for up to a 1-year term, and for supportive services associ8 ated with the housing for persons with disabilities as au9 thorized by section 811(b)(1) of such Act, and for tenant10 based rental assistance contracts entered into pursuant to 

11 section 811 of such Act, $250,000,000, plus recaptures 

12 and cancelled commitments to remain available until Sep13 tember 30, 2008: Provided, That no less than $75,000 

14 shall be transferred to the Working Capital Fund for the 

15 development of and modifications to information tech16 nology systems which serve programs or activities under 

17 ‘‘Housing programs’’ or ‘‘Federal Housing Administra18 tion’’: Provided further, That of the amount provided 

19 under this heading, other than amounts for renewal of ex20 piring project-based or tenant-based rental assistance con21 tracts, the Secretary may designate up to 25 percent for 

22 tenant-based rental assistance, as authorized by section 

23 811 of such Act, (which assistance is five years in dura24 tion): Provided further, That all tenant-based assistance 

25 made available under this heading shall continue to re-
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1 main available only to persons with disabilities: Provided 

2 further, That the Secretary may waive the provisions of 

3 section 811 governing the terms and conditions of project 

4 rental assistance and tenant-based assistance, except that 

5 the initial contract term for such assistance shall not ex6 ceed five years in duration: Provided further, That all bal7 ances outstanding, as of September 30, 2004, for capital 

8 advances, including amendments to capital advances, for 

9 supportive housing for persons with disabilities, as author10 ized by section 811, for project rental assistance for sup11 portive housing for persons with disabilities, as authorized 

12 under section 811(d)(2), including amendments to con13 tracts for such assistance and renewal of expiring con14 tracts for such assistance, and for supportive services as15 sociated with the housing for persons with disabilities as 

16 authorized by section 811(b)(1), and for tenant-based 

17 rental assistance contracts entered into pursuant to sec18 tion 811, shall be transferred to the appropriation under 

19 this heading. 

20 FLEXIBLE SUBSIDY FUND

21 (TRANSFER OF FUNDS)

22 From the Rental Housing Assistance Fund, all un23 committed balances of excess rental charges as of Sep24 tember 30, 2004, and any collections made during fiscal 

25 year 2005 and all subsequent fiscal years, shall be trans-
52 

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1 ferred to the Flexible Subsidy Fund, as authorized by sec2 tion 236(g) of the National Housing Act, as amended. 

3 RENTAL HOUSING ASSISTANCE

4 (RESCISSION)

5 Of the amounts made available under the heading, 

6 ‘‘Rent Supplement,’’ in Public Law 98–63 for amend7 ments to contracts under section 101 of the Housing and 

8 Urban Development Act of 1965 (12 U.S.C. 1701s) and 

9 section 236(f)(2) of the National Housing Act (12 U.S.C. 

10 1715 z–l) in State-aided, non-insured rental housing 

11 projects, $675,000,000 is cancelled. 

12 PAYMENT TO MANUFACTURED HOUSING FEES TRUST

13 FUND

14 For necessary expenses as authorized by the National 

15 Manufactured Housing Construction and Safety Stand16 ards Act of 1974, as amended (42 U.S.C. 5401 et seq.), 

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

18 be derived from the Manufactured Housing Fees Trust 

19 Fund: Provided, That not to exceed the total amount ap20 propriated under this heading shall be available from the 

21 general fund of the Treasury to the extent necessary to 

22 incur obligations and make expenditures pending the re23 ceipt of collections to the Fund pursuant to section 620 

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

25 available under this heading from the general fund shall 

26 be reduced as such collections are received during fiscal 
53 

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1 year 2005 so as to result in a final fiscal year 2005 appro2 priation from the general fund estimated at not more than 

3 $0 and fees pursuant to such section 620 shall be modified 

4 as necessary to ensure such a final fiscal year 2005 appro5 priation. 

6 FEDERAL HOUSING ADMINISTRATION

7 MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT

8 (INCLUDING TRANSFERS OF FUNDS)

9 During fiscal year 2005, loan guarantees to carry out 

10 the purposes of section 203(b) of the National Housing 

11 Act, as amended, shall not exceed a loan principal of 

12 $185,000,000,000. 

13 During fiscal year 2005, obligations to make direct 

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

15 National Housing Act, as amended, shall not exceed 

16 $50,000,000: Provided, That the foregoing amount shall 

17 be for loans to nonprofit and governmental entities in con18 nection with sales of single family real properties owned 

19 by the Secretary and formerly insured under the Mutual 

20 Mortgage Insurance Fund. 

21 For administrative expenses necessary to carry out 

22 the guaranteed and direct loan program, $366,000,000, 

23 of which not to exceed $362,000,000 shall be transferred 

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

25 to exceed $4,000,000 shall be transferred to the appro26 priation for ‘‘Office of Inspector General’’. In addition, for 
54 

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1 administrative contract expenses, $70,900,000, of which 

2 no less than $7,002,000 shall be transferred to the Work3 ing Capital Fund for the development of and modifications 

4 to information technology systems which serve programs 

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

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

7 loan guarantees exceed $65,500,000,000 on or before 

8 April 1, 2005, an additional $1,400 for administrative 

9 contract expenses shall be available for each $1,000,000 

10 in additional loan guarantees (including a pro rata amount 

11 for any amount below $1,000,000), but in no case shall 

12 funds made available by this proviso exceed $30,000,000. 

13 GENERAL AND SPECIAL RISK PROGRAM ACCOUNT

14 (INCLUDING TRANSFERS OF FUNDS)

15 For the cost of guaranteed loans, as authorized by 

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

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

18 guarantee modifications, as that term is defined in section 

19 502 of the Congressional Budget Act of 1974, as amend20 ed, $10,000,000, to remain available until expended: Pro21 vided, That these funds are available to subsidize total 

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

23 up to $35,000,000,000: Provided, That of the amounts of 

24 such credit subsidy appropriated under this heading in 

25 prior years, $30,000,000 is rescinded. 
55 

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1 Gross obligations for the principal amount of direct 

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

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

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

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

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

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

12 In addition, for administrative expenses necessary to 

13 carry out the guaranteed and direct loan programs, 

14 $234,000,000, of which $214,000,000 shall be transferred 

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

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

18 In addition, for administrative contract expenses nec19 essary to carry out the guaranteed and direct loan pro20 grams, $81,600,000, of which no less than $5,200,000 

21 shall be transferred to the Working Capital Fund for the 

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

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

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

2 2005, an additional $1,980 for administrative contract ex3 penses shall be available for each $1,000,000 in additional 

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

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

7 this proviso exceed $14,400,000. 

8 GOVERNMENT NATIONAL MORTGAGE ASSOCIATION

9 GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN

10 GUARANTEE PROGRAM ACCOUNT

11 (INCLUDING TRANSFER OF FUNDS)

12 New commitments to issue guarantees to carry out 

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

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

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

16 30, 2006. 

17 For administrative expenses necessary to carry out 

18 the guaranteed mortgage-backed securities program, 

19 $10,986,000, to be derived from the GNMA guarantees 

20 of mortgage-backed securities guaranteed loan receipt ac21 count, of which not to exceed $10,986,000, shall be trans22 ferred to the appropriation for ‘‘Salaries and expenses’’. 

23 POLICY DEVELOPMENT AND RESEARCH

24 RESEARCH AND TECHNOLOGY

25 For contracts, grants, and necessary expenses of pro26 grams of research and studies relating to housing and 
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1 urban problems, not otherwise provided for, as authorized 

2 by title V of the Housing and Urban Development Act 

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

6 $46,700,000, to remain available until September 30, 

7 2006: Provided, That of the total amount provided under 

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

9 Advancing Technology in Housing (PATH) Initiative. 

10 FAIR HOUSING AND EQUAL OPPORTUNITY

11 FAIR HOUSING ACTIVITIES

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

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

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

16 and Community Development Act of 1987, as amended, 

17 $47,700,000, to remain available until September 30, 

18 2006, of which $20,650,000 shall be to carry out activities 

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

20 made available under this heading shall be used to lobby 

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

23 loan. 
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1 OFFICE OF LEAD HAZARD CONTROL

2 LEAD HAZARD REDUCTION

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

5 Hazard Reduction Act of 1992, $175,000,000, to remain 

6 available until September 30, 2006, of which $10,000,000 

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

11 outreach concerning lead-based paint poisoning and other 

12 housing-related diseases and hazards: Provided, That of 

13 the total amount made available under this heading, 

14 $50,000,000 shall be made available on a competitive 

15 basis for areas with the highest lead paint abatement 

16 needs, as identified by the Secretary as having: (1) the 

17 highest number of occupied pre-1940 units of rental hous18 ing; and (2) a disproportionately high number of docu19 mented cases of lead-poisoned children: Provided further, 

20 That each grantee receiving funds under the previous pro21 viso shall target those privately owned units and multi22 family buildings that are occupied by low-income families 

23 as defined under section 3(b)(2) of the United States 

24 Housing Act of 1937: Provided further, That not less than 

25 90 percent of the funds made available under this para-
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1 graph shall be used exclusively for abatement, inspections, 

2 risk assessments, temporary relocations and interim con3 trol of lead-based hazards as defined by 42 U.S.C. 4851: 

4 Provided further, That each recipient of funds provided 

5 under the first proviso shall make a matching contribution 

6 in an amount not less than 25 percent: Provided further, 

7 That each applicant shall submit a detailed plan and strat8 egy that demonstrates adequate capacity that is acceptable 

9 to the Secretary to carry out the proposed use of funds 

10 pursuant to a Notice of Funding Availability. 

11 MANAGEMENT AND ADMINISTRATION

12 SALARIES AND EXPENSES

13 (INCLUDING TRANSFER OF FUNDS)

14 For necessary administrative and non-administrative 

15 expenses of the Department of Housing and Urban Devel16 opment, not otherwise provided for, including purchase of 

17 uniforms, or allowances therefor, as authorized by 5 

18 U.S.C. 5901–5902; hire of passenger motor vehicles; serv19 ices as authorized by 5 U.S.C. 3109; and not to exceed 

20 $25,000 for official reception and representation expenses, 

21 $1,179,000,000, of which $576,000,000 shall be provided 

22 from the various funds of the Federal Housing Adminis23 tration, $10,986,000 shall be provided from funds of the 

24 Government National Mortgage Association, $1,000,000 

25 shall be provided by transfer from Community Develop26 ment Loan Guarantees Program Account, $150,000 shall 
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1 be provided by transfer from the ‘‘Native American hous2 ing block grants’’ account, $250,000 shall be provided by 

3 transfer from the ‘‘Indian housing loan guarantee fund 

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

5 the ‘‘Native Hawaiian housing loan guarantee fund’’ ac6 count: Provided, That no official or employee of the De7 partment shall be designated as an allotment holder unless 

8 the Office of the Chief Financial Officer (OCFO) has de9 termined that such allotment holder has implemented an 

10 adequate system of funds control and has received training 

11 in funds control procedures and directives: Provided fur12 ther, That the Chief Financial Officer shall establish posi13 tive control of and maintain adequate systems of account14 ing for appropriations and other available funds as re15 quired by 31 U.S.C. 1514: Provided further, That for pur16 poses of funds control and determining whether a violation 

17 exists under the Anti-Deficiency Act (31 U.S.C. 1341 et 

18 seq.), the point of obligation shall be the executed agree19 ment or contract, except with respect to insurance and 

20 guarantee programs, certain types of salaries and ex21 penses funding, and incremental funding that is author22 ized under an executed agreement or contract, and shall 

23 be designated in the approved funds control plan: Provided 

24 further, That the Chief Financial Officer shall: (a) appoint 

25 qualified personnel to conduct investigations of potential 
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1 or actual violations; (b) establish minimum training re2 quirements and other qualifications for personnel that 

3 may be appointed to conduct investigations; (c) establish 

4 guidelines and timeframes for the conduct and completion 

5 of investigations; (d) prescribe the content, format and 

6 other requirements for the submission of final reports on 

7 violations; and (e) prescribe such additional policies and 

8 procedures as may be required for conducting investiga9 tions of, and administering, processing, and reporting on, 

10 potential and actual violations of the Anti-Deficiency Act 

11 and all other statutes and regulations governing the obli12 gation and expenditure of funds made available in this or 

13 any other Act: Provided further, That the Secretary shall 

14 fill 7 out of 10 vacancies at the GS–14 and GS–15 levels 

15 until the total number of GS–14 and GS–15 positions in 

16 the Department has been reduced from the number of 

17 GS–14 and GS–15 positions on the date of enactment of 

Public Law 106–377 by 21 18 ⁄2 percent. 

19 WORKING CAPITAL FUND

20 For additional capital for the Working Capital Fund 

21 (42 U.S.C. 3535) for the development of, modifications 

22 to, and infrastructure for Department-wide information 

23 technology systems, and for the continuing operation of 

24 both Department-wide and program-specific information 

25 systems, $234,000,000, to remain available until Sep26 tember 30, 2006: Provided, That any amounts transferred 
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1 to this Fund under this Act shall remain available until 

2 expended: Provided further, That any amounts transferred 

3 to this Fund from amounts appropriated by previously en4 acted appropriations Acts may be used only for the pur5 poses specified under this Fund, notwithstanding the pur6 poses for which such amounts were appropriated. 

7 OFFICE OF INSPECTOR GENERAL

8 (INCLUDING TRANSFER OF FUNDS)

9 For necessary expenses of the Office of Inspector 

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

11 as amended, $107,500,000, of which $24,000,000 shall be 

12 provided from the various funds of the Federal Housing 

13 Administration: Provided, That the Inspector General 

14 shall have independent authority over all personnel issues 

15 within this office. 

16 OFFICE OF FEDERAL HOUSING ENTERPRISE OVERSIGHT

17 SALARIES AND EXPENSES

18 (INCLUDING TRANSFER OF FUNDS)

19 For carrying out the Federal Housing Enterprises 

20 Financial Safety and Soundness Act of 1992, including 

21 not to exceed $500 for official reception and representa22 tion expenses, $59,209,000, to remain available until ex23 pended, to be derived from the Federal Housing Enter24 prises Oversight Fund: Provided, That of the amount 

25 made available under this heading, $5,000,000 is for liti26 gation and to continue ongoing special investigations of 
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1 the federal housing enterprises: Provided further, That the 

2 Director shall submit a spending plan for the amounts 

3 provided under this heading no later than January 15, 

4 2005: Provided further, That not less than 80 percent of 

5 total amount made available under this heading shall be 

6 used only for examination, supervision, and capital over7 sight of the enterprises (as such term is defined in section 

8 1303 of the Federal Housing Enterprises Financial Safety 

9 and Soundness Act of 1992 (12 U.S.C. 4502)) to ensure 

10 that the enterprises are operating in a financially safe and 

11 sound manner and complying with the capital require12 ments under Subtitle B of such Act: Provided further, 

13 That $10,000,000 of the amounts made available under 

14 this heading shall be made available only upon the Senate 

15 confirmation of a new Director: Provided further, That not 

16 to exceed the amount provided herein shall be available 

17 from the general fund of the Treasury to the extent nec18 essary to incur obligations and make expenditures pending 

19 the receipt of collections to the Fund: Provided further, 

20 That the general fund amount shall be reduced as collec21 tions are received during the fiscal year so as to result 

22 in a final appropriation from the general fund estimated 

23 at not more than $0. 
64 

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1 ADMINISTRATIVE PROVISIONS

2 SEC. 201. Fifty percent of the amounts of budget au3 thority, or in lieu thereof 50 percent of the cash amounts 

4 associated with such budget authority, that are recaptured 

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

6 B. McKinney Homeless Assistance Amendments Act of 

7 1988 (42 U.S.C. 1437 note) shall be rescinded, or in the 

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

9 amounts of budget authority or cash recaptured and not 

10 rescinded or remitted to the Treasury shall be used by 

11 State housing finance agencies or local governments or 

12 local housing agencies with projects approved by the Sec13 retary of Housing and Urban Development for which set14 tlement occurred after January 1, 1992, in accordance 

15 with such section. Notwithstanding the previous sentence, 

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

17 authority or cash recaptured and not rescinded or remitted 

18 to the Treasury to provide project owners with incentives 

19 to refinance their project at a lower interest rate. 

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

21 this Act may be used during fiscal year 2005 to investigate 

22 or prosecute under the Fair Housing Act any otherwise 

23 lawful activity engaged in by one or more persons, includ24 ing the filing or maintaining of a non-frivolous legal ac25 tion, that is engaged in solely for the purpose of achieving 
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1 or preventing action by a Government official or entity, 

2 or a court of competent jurisdiction. 

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

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

5 12903(c)(1)(A)), from any amounts made available under 

6 this title for fiscal year 2005 that are allocated under such 

7 section, the Secretary of Housing and Urban Development 

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

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

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

11 under clause (ii) of such section; and 

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

13 fiscal year 2005 under such clause (ii) because the 

14 areas in the State outside of the metropolitan statis15 tical areas that qualify under clause (i) in fiscal year 

16 2005 do not have the number of cases of acquired 

17 immunodeficiency syndrome (AIDS) required under 

18 such clause. 

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

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

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

22 that State that are outside of metropolitan statistical 

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

24 854(c)(1)(A) in fiscal year 2005, in proportion to AIDS 

25 cases among cities and States that qualify under clauses 
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1 (i) and (ii) of such section and States deemed eligible 

2 under subsection (a). 

3 (c) Notwithstanding any other provision of law, the 

4 amount allocated for fiscal year 2005 under section 854(c) 

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

6 12903(c)), to the City of New York, New York, on behalf 

7 of the New York-Wayne-White Plains, New York-New 

8 Jersey Metropolitan Division (hereafter ‘‘metropolitan di9 vision’’) of the New York-Newark-Edison, NY-NJ-PA 

10 Metropolitan Statistical Area, shall be adjusted by the 

11 Secretary of Housing and Urban Development by: (a) allo12 cating to the City of Jersey City, New Jersey, the propor13 tion of the metropolitan area’s or division’s amount that 

14 is based on the number of cases of AIDS reported in the 

15 portion of the metropolitan area or division that is located 

16 in Hudson County, New Jersey; and (b) allocating to the 

17 City of Paterson, New Jersey, the proportion of the metro18 politan area’s or division’s amount that is based on the 

19 number of cases of AIDS reported in the portion of the 

20 metropolitan area or division that is located in Bergen 

21 County and Passaic County, New Jersey. The recipient 

22 cities shall use amounts allocated under this subsection 

23 to carry out eligible activities under section 855 of the 

24 AIDS Housing Opportunity Act (42 U.S.C. 12904) in 
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1 their respective portions of the metropolitan division that 

2 is located in New Jersey. 

3 SEC. 204. (a) During fiscal year 2005, in the provi4 sion of rental assistance under section 8(o) of the United 

5 States Housing Act of 1937 (42 U.S.C. 1437f(o)) in con6 nection with a program to demonstrate the economy and 

7 effectiveness of providing such assistance for use in as8 sisted living facilities that is carried out in the counties 

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

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

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

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

13 housing agency provides assistance pursuant to section 

14 8(o)(18) of such Act, may be required, at the time the 

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

16 amount exceeding 40 percent of the monthly adjusted in17 come of the family by such a percentage or amount as 

18 the Secretary of Housing and Urban Development deter19 mines to be appropriate. 

20 (b) The counties specified in this subsection are Oak21 land County, Macomb County, Wayne County, and 

22 Washtenaw County, in the State of Michigan. 

23 SEC. 205. Except as explicitly provided in law, any 

24 grant or other assistance made pursuant to title II of this 

25 Act shall be made on a competitive basis and in accord-
68 

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1 ance with section 102 of the Department of Housing and 

2 Urban Development Reform Act of 1989. 

3 SEC. 206. Funds of the Department of Housing and 

4 Urban Development subject to the Government Corpora5 tion Control Act or section 402 of the Housing Act of 

6 1950 shall be available, without regard to the limitations 

7 on administrative expenses, for legal services on a contract 

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

9 services and facilities of the Federal National Mortgage 

10 Association, Government National Mortgage Association, 

11 Federal Home Loan Mortgage Corporation, Federal Fi12 nancing Bank, Federal Reserve banks or any member 

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

14 within the meaning of the Federal Deposit Insurance Cor15 poration Act, as amended (12 U.S.C. 1811–1831). 

16 SEC. 207. Unless otherwise provided for in this Act 

17 or through a reprogramming of funds, no part of any ap18 propriation for the Department of Housing and Urban 

19 Development shall be available for any program, project 

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

21 estimates submitted to Congress. 

22 SEC. 208. Corporations and agencies of the Depart23 ment of Housing and Urban Development which are sub24 ject to the Government Corporation Control Act, as 

25 amended, are hereby authorized to make such expendi-
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1 tures, within the limits of funds and borrowing authority 

2 available to each such corporation or agency and in ac3 cordance with law, and to make such contracts and com4 mitments without regard to fiscal year limitations as pro5 vided by section 104 of such Act as may be necessary in 

6 carrying out the programs set forth in the budget for 2005 

7 for such corporation or agency except as hereinafter pro8 vided: Provided, That collections of these corporations and 

9 agencies may be used for new loan or mortgage purchase 

10 commitments only to the extent expressly provided for in 

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

12 of assistance provided for in this or prior appropriations 

13 Acts), except that this proviso shall not apply to the mort14 gage insurance or guaranty operations of these corpora15 tions, or where loans or mortgage purchases are necessary 

16 to protect the financial interest of the United States Gov17 ernment. 

18 SEC. 209. None of the funds provided in this title 

19 for technical assistance, training, or management improve20 ments may be obligated or expended unless HUD provides 

21 to the Committees on Appropriations a description of each 

22 proposed activity and a detailed budget estimate of the 

23 costs associated with each program, project or activity as 

24 part of the Budget Justifications. For fiscal year 2005, 
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1 HUD shall transmit this information to the Committees 

2 by March 15, 2005 for 30 days of review. 

3 SEC. 210. A public housing agency or such other enti4 ty that administers Federal housing assistance in the 

5 states of Alaska, Iowa, and Mississippi shall not be re6 quired to include a resident of public housing or a recipi7 ent of assistance provided under section 8 of the United 

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

9 a similar governing board of such agency or entity as re10 quired under section (2)(b) of such Act. Each public hous11 ing agency or other entity that administers Federal hous12 ing assistance under section 8 in the states of Alaska, 

13 Iowa and Mississippi shall establish an advisory board of 

14 not less than 6 residents of public housing or recipients 

15 of section 8 assistance to provide advice and comment to 

16 the public housing agency or other administering entity 

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

18 advisory board shall meet not less than quarterly. 

19 SEC. 211. The Secretary of Housing and Urban De20 velopment shall provide quarterly reports to the House 

21 and Senate Committees on Appropriations regarding all 

22 uncommitted, unobligated, recaptured and excess funds in 

23 each program and activity within the jurisdiction of the 

24 Department and shall submit additional, updated budget 

25 information to these Committees upon request. 
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1 SEC. 212. Notwithstanding any other provision of 

2 law, in fiscal year 2005, in managing and disposing of any 

3 multifamily property that is owned or held by the Sec4 retary, the Secretary of Housing and Urban Development 

5 shall maintain any rental assistance payments under sec6 tion 8 of the United States Housing Act of 1937 that are 

7 attached to any dwelling units in the property. To the ex8 tent the Secretary determines that such a multifamily 

9 property owned or held by the Secretary is not feasible 

10 for continued rental assistance payments under such sec11 tion 8, the Secretary may, in consultation with the tenants 

12 of that property, contract for project-based rental assist13 ance payments with an owner or owners of other existing 

14 housing properties or provide other rental assistance. 

15 SEC. 213. The Secretary of Housing and Urban De16 velopment shall submit an annual report no later than Au17 gust 30, 2005 and annually thereafter to the House and 

18 Senate Committees on Appropriations regarding the num19 ber of Federally assisted units under lease and the per 

20 unit cost of these units to the Department of Housing and 

21 Urban Development. 

22 SEC. 214. (a) Notwithstanding any other provision 

23 of law, the amount allocated for fiscal year 2005 under 

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

25 U.S.C. 12903(c)), to the City of Wilmington, Delaware, 
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1 on behalf of the Wilmington, Delaware-Maryland-New 

2 Jersey Metropolitan Division (hereafter ‘‘metropolitan di3 vision’’), shall be adjusted by the Secretary of Housing 

4 and Urban Development by allocating to the State of New 

5 Jersey the proportion of the metropolitan division’s 

6 amount that is based on the number of cases of AIDS 

7 reported in the portion of the metropolitan division that 

8 is located in New Jersey. The State of New Jersey shall 

9 use amounts allocated to the State under this subsection 

10 to carry out eligible activities under section 855 of the 

11 AIDS Housing Opportunity Act (42 U.S.C. 12904) in the 

12 portion of the metropolitan division that is located in New 

13 Jersey. 

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

15 Secretary of Housing and Urban Development shall allo16 cate to Wake County, North Carolina, the amounts that 

17 otherwise would be allocated for fiscal year 2005 under 

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

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

20 on behalf of the Raleigh-Cary, North Carolina Metropoli21 tan Statistical Area. Any amounts allocated to Wake 

22 County shall be used to carry out eligible activities under 

23 section 855 of such Act (42 U.S.C. 12904) within such 

24 metropolitan statistical area. 
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1 (c) Notwithstanding section 854(c) of the AIDS 

2 Housing Opportunity Act (42 U.S.C. 12903(c)), the Sec3 retary of Housing and Urban Development may adjust the 

4 allocation of the amounts that otherwise would be allo5 cated for fiscal year 2005 under section 854(c) of such 

6 Act, upon the written request of an applicant, in conjunc7 tion with the State(s), for a formula allocation on behalf 

8 of a metropolitan statistical area, to designate the State 

9 or States in which the metropolitan statistical area is lo10 cated as the eligible grantee(s) of the allocation. In the 

11 case that a metropolitan statistical area involves more 

12 than one State, such amounts allocated to each State shall 

13 be in proportion to the number of cases of AIDS reported 

14 in the portion of the metropolitan statistical area located 

15 in that State. Any amounts allocated to a State under this 

16 section shall be used to carry out eligible activities within 

17 the portion of the metropolitan statistical area located in 

18 that State. 

19 SEC. 215. Section 223(f)(1) of the National Housing 

20 Act (12 U.S.C. 1715n(f)(1)) is amended by inserting 

21 ‘‘purchase or’’ immediately before ‘‘refinancing of existing 

22 debt’’. 

23 SEC. 216. Section 683(2) of the Housing and Com24 munity Development Act of 1992 is amended— 

25 (1) in subparagraph (F), by striking ‘‘and’’; 
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1 (2) in subparagraph (G), by striking ‘‘section.’’ 

2 and inserting ‘‘section; and’’; and 

3 (3) by adding the following new subparagraph 

4 at the end: 

5 ‘‘(H) housing that is assisted under section 

6 811 of the Cranston-Gonzalez National Afford7 able Housing Act.’’. 

8 SEC. 217. (a) Section 536(b)(1) of the National 

9 Housing Act (12 U.S.C. 1735f–14(b)(1)) is amended by 

10 adding the following new subparagraph at the end: 

11 ‘‘(J) Failure to perform a required phys12 ical inspection of the mortgaged property.’’. 

13 (b) Section 537(c)(1)(B)(ii) of such Act (12 U.S.C. 

14 1735f–15(c)(1)(B)(ii)) is amended by inserting after 

15 ‘‘rents,’’ the following: ‘‘other revenues, or contract 

16 rights,’’. 

17 (c) Section 537(c)(1)(B)(x) of such Act (12 U.S.C. 

18 1735f–15(c)(1)(B)(x)) is amended to read as follows: 

19 ‘‘(x) Failure to furnish the Secretary, 

20 by the expiration of the 90-day period be21 ginning on the first day after the comple22 tion of each fiscal year (unless the Sec23 retary has approved an extension of the 

24 90-day period in writing), with a complete 

25 annual financial report, in accordance with 
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1 requirements prescribed by the Secretary, 

2 including requirements that the report 

3 be— 

4 ‘‘(I) based upon an examination 

5 of the books and records of the mort6 gagor; 

7 ‘‘(II) prepared and certified to by 

8 an independent public accountant or a 

9 certified public accountant (unless the 

10 Secretary has waived this requirement 

11 in writing); and 

12 ‘‘(III) certified to by the mort13 gagor or an authorized representative 

14 of the mortgagor. 

15 ‘‘The Secretary shall approve an extension where the 

16 mortgagor demonstrates that failure to comply with this 

17 clause is due to events beyond the control of the mort18 gagor.’’. 

19 SEC. 218. Section 421 of the Housing and Commu20 nity Development Act of 1987 (12 U.S.C. 1715z–4a) is 

21 amended— 

22 (1) in subsection (a)(1)(A), by inserting after 

23 ‘‘project’’ the following: ‘‘, nursing home, inter24 mediate care facility, board and care home, assisted 

25 living facility, or hospital’’; 
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1 (2) in subsection (a)(1)(B), by inserting after 

2 ‘‘is’’ the following: ‘‘or, at the time of the violations, 

3 was’’; 

4 (3) in the second sentence of subsection(a)(1), 

5 by striking ‘‘project’’ and inserting ‘‘property’’; 

6 (4) in subsection (a)(2) by striking ‘‘which’’ 

7 and all that follows through ‘‘any owner’’ and insert8 ing the following: ‘‘that owns or operates a property, 

9 as identified in the regulatory agreement, including 

10 but not limited to— 

11 ‘‘(A) any stockholder holding 25 percent or 

12 more interest of a corporation that owns that 

13 property; 

14 ‘‘(B) any beneficial owner of the property 

15 under any business or trust; 

16 ‘‘(C) any officer, director, or partner of an 

17 entity owning or controlling the property; 

18 ‘‘(D) any nursing home lessee or operator; 

19 ‘‘(E) any hospital lessee or operator; 

20 ‘‘(F) any other person or entity that con21 trols the property regardless of that person or 

22 entity’s official relationship to the property; and 

23 ‘‘(G) any heir, assignee, successor in inter24 est, or agent of any person or entity described 

25 in the preceding subparagraphs’’; 
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1 (5) in subsection (c), by striking ‘‘project’’ the 

2 first two places it appears and inserting ‘‘property’’; 

3 and 

4 (6) in subsection (d), by striking ‘‘project’’ and 

5 inserting ‘‘a property’s’’. 

6 SEC. 219. Section 204(h) of the National Housing 

7 Act (12 U.S.C. 1710(h)) is amended— 

8 (1) in paragraph (2)— 

9 (A) by striking ‘‘following assets of the 

10 Secretary’’ and inserting ‘‘following categories 

11 of assets of the Secretary, unless the Secretary 

12 determines at any time that the asset property 

13 is economically or otherwise infeasible to reha14 bilitate or that the best use of the asset prop15 erty is as open space (including park land)’’; 

16 (B) in subparagraph (B)(ii), by inserting 

17 after ‘‘Act’’ the following: ‘‘except for mort18 gages insured under or made pursuant to sec19 tions 235, 247, or 255’’; and 

20 (C) by striking subparagraph (C); 

21 (2) in the second sentence of paragraph (3), by 

22 inserting after ‘‘government’’ the following: ‘‘, 

23 States, and Indian tribes’’; 

24 (3) in paragraph (4)— 
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1 (A) in subparagraph (A)(i), by inserting 

2 after ‘’government’’ the following: ‘‘, State, or 

3 Indian tribe’’; 

4 (B) by revising subparagraph (B)(ii) to 

5 read as follows: 

6 ‘‘(ii) purchases all assets of the Sec7 retary in the category or categories of eligi8 ble assets set forth in the sale agreement 

9 required under paragraph (7) that, at any 

10 time during the period which shall be set 

11 forth in the sale agreement— 

12 ‘‘(I) are or become eligible for 

13 purchase under this subsection; and 

14 ‘‘(II) are located in the asset con15 trol area of the purchaser; and’’; and 

16 (C) in subparagraph (C), by striking ‘‘pur17 chase of eligible assets under’’ and inserting 

18 ‘‘purchase of the category or categories of eligi19 ble assets set forth in the sale agreement 

20 under’’; 

21 (4) in paragraph (6)— 

22 (A) by revising subparagraph (C) to read 

23 as follows: 

24 ‘‘(C) DISCOUNTS.—The Secretary, in the 

25 sole discretion of the Secretary, shall establish 
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1 the discount under this paragraph for an eligi2 ble asset. In determining the discount, the Sec3 retary may consider the condition of the asset 

4 property, the extent of resources available to 

5 the preferred purchaser, the comprehensive re6 vitalization plan undertaken by such purchaser, 

7 the financial safety and soundness of the Mu8 tual Mortgage Insurance Fund, and any other 

9 circumstances the Secretary considers appro10 priate’’; and 

11 (B) by striking subparagraph (D); 

12 (5) in paragraph (7)(A), by striking ‘‘eligible 

13 assets to be purchased and the interests sold’’ and 

14 inserting ‘‘category or categories of eligible assets to 

15 be purchased and, based on the purchaser’s capacity 

16 to manage and dispose of assets, the maximum num17 ber of assets owned by the Secretary at the time the 

18 sale agreement is executed that shall be sold to the 

19 purchaser’’; and 

20 (6) in paragraph (8)— 

21 (A) in subparagraph (F), by inserting after 

22 ‘‘State’’ the following: ‘‘, and any agency or in23 strumentality thereof that is established pursu24 ant to legislation and designated by the chief 

25 executive officer to act on behalf of the jurisdic-
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1 tion with regard to the provisions of this sub2 section’’; and 

3 (B) by adding the following new subpara4 graphs at the end: 

5 ‘‘(G) STATE.—The term ‘State’ means any 

6 State of the United States, the District of Co7 lumbia, the Commonwealth of Puerto Rico, 

8 Guam, American Samoa, the Virgin Islands, the 

9 Northern Mariana Islands, or any agency or in10 strumentality thereof that is established pursu11 ant to legislation and designated by the chief 

12 executive officer to act on behalf of the State 

13 with regard to provisions of this subjection. 

14 ‘‘(H) INDIAN TRIBE.—The term ‘‘Indian 

15 tribe’’ has the same meaning as in section 

16 248(i)(I) of this Act.’’. 

17 SEC. 220. Section 203(c) of the National Housing 

18 Act (12 U.S.C. 1709(c)), as amended, is further amended 

19 in paragraph (1) by striking ‘‘subsections (n) and (k)’’ and 

20 inserting ‘’subsection (n)’’ and striking ‘‘or (k)’’. 

21 SEC. 221. Section 203(c)(2)(A) of the National 

22 Housing Act (12 U.S.C. 1709(c)(2)(A)) is amended in the 

23 last sentence after ‘‘subparagraph’’ by inserting the fol24 lowing: ‘‘, provided that the mortgagor refinances the un25 paid principal obligation under title II of this Act’’. This 
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1 provision shall apply to loans that become insured on or 

2 after date of enactment of this Act. 

3 SEC. 222. Funds made available for the PATH Ini4 tiative under the heading ‘‘Policy development and re5 search’’ in the Departments of Veterans Affairs and Hous6 ing and Urban Development, and Independent Agencies 

7 Appropriations Act, 2004 shall not be subject to the re8 quirements of section 205 of such Act. 

9 SEC. 223. Title II of the Departments of Veterans 

10 Affairs and Housing and Urban Development, and Inde11 pendent Agencies Appropriations Act, 2004 is amended— 

12 (1) under the heading ‘‘Housing for the elder13 ly’’, by striking ‘‘duration’’ and all that follows 

14 through ‘‘heading.’’ and inserting in lieu thereof 

15 ‘‘duration.’’; and 

16 (2) in the fourth proviso under the heading 

17 ‘‘Housing for persons with disabilities’’, by striking 

18 ‘‘and merged with the amounts for these purposes 

19 under this heading’’ and inserting in lieu thereof 

20 ‘‘and for tenant-based rental assistance contracts en21 tered into pursuant to section 811, shall be trans22 ferred to the appropriation under this heading’’. 

23 SEC. 224. Section 9(g) of the United States Housing 

24 Act of 1937 (42 U.S.C. 1437(g)) is amended by adding 

25 at the end the following: 
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1 ‘‘(4) LIMITATION ON ELECTION ACTIVITIES.— 

2 Notwithstanding any other provision of law, a public 

3 housing agency shall not use any funds or revenues 

4 provided under or derived from this Act for any ac5 tivities (including voter registration, voter identifica6 tion, or get-out-the vote activities, campaign activi7 ties to promote a party or candidate, and commu8 nication that promotes or opposes a candidate) re9 lated to any Federal, State, or local election.’’. 

10 SEC. 225. All financial assistance made available to 

11 any person by any college or university shall be considered 

12 adjusted income for purposes of section 3(b)(5) of the 

13 United States Housing Act of 1937 (‘‘1937 Act’’). 

14 SEC. 226. The funds made available for Native Alas15 kans under the heading ‘‘Native American Housing Block 

16 Grants’’ in title II of this Act shall be allocated to the 

17 same Native Alaskan Indian Housing block grant recipi18 ents that received funds in fiscal year 2004. 

19 SEC. 227. Notwithstanding any other provision of 

20 law, for this fiscal year and every fiscal year thereafter, 

21 funds appropriated for housing for the elderly, as author22 ized by section 202 of the Housing Act of 1959, as amend23 ed, and for supportive housing for persons with disabil24 ities, as authorized by section 811 of the Cranston-Gon25 zalez National Affordable Housing Act, shall be available 
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1 for the cost of maintaining and disposing of such prop2 erties that are acquired or otherwise become the responsi3 bility of the Department. 

4 SEC. 228. Public housing agencies in tight rental 

5 markets, as determined by the Secretary of Housing and 

6 Urban Development, may use up to 50 percent of their 

7 section 8 assistance for project-based assistance. The Sec8 retary shall issue an interim regulation no later than May 

9 15, 2005. 

10 SEC. 229. (a) Notwithstanding any other provision 

11 of law, subject to the conditions listed in subsection (b), 

12 the Secretary may authorize the transfer of project-based 

13 assistance, debt and statutorily required low-income and 

14 very low-income use restrictions, associated with one mul15 tifamily housing project to another multifamily housing 

16 project. 

17 (b) The transfer authorized in subsection (a) is sub18 ject to the following conditions: 

19 (1) the number of low-income and very low-in20 come units and the net dollar amount of Federal as21 sistance provided by the transferring project shall 

22 remain the same in the receiving project; 

23 (2) the transferring project shall, as determined 

24 by the Secretary, be either physically obsolete or eco25 nomically non-viable; 
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1 (3) the receiving project shall meet or exceed 

2 applicable physical standards established by the Sec3 retary; 

4 (4) the owner or mortgagor of the transferring 

5 project shall notify and consult with the tenants re6 siding in the transferring project and provide a cer7 tification of approval by all appropriate local govern8 mental officials; 

9 (5) the tenants of the transferring project who 

10 remain eligible for assistance to be provided by the 

11 receiving project shall not be required to vacate their 

12 units in the transferring project until new units in 

13 the receiving project are available for occupancy; 

14 (6) if either the transferring project or the re15 ceiving project meets the condition specified in sub16 section (c)(2)(A), any lien on the receiving project 

17 resulting from additional financing obtained by the 

18 owner shall be subordinate to any FHA-insured 

19 mortgage lien transferred to, or placed on, such 

20 project by the Secretary; and 

21 (7) if the transferring project meets the re22 quirements of subsection (c)(2)(E), the owner or 

23 mortgagor of the receiving project shall execute and 

24 record either a continuation of the existing use 

25 agreement or a new use agreement for the project 
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1 where, in either case, any use restrictions in such 

2 agreement are of no lesser duration than the exist3 ing use restrictions. 

4 (c) For purposes of this section— 

5 (1) the terms ‘‘low-income’’ and ‘‘very low-in6 come’’ shall have the meanings provided by the stat7 ute and/or regulations governing the program under 

8 which the project is insured or assisted; 

9 (2) the term ‘‘multifamily housing project’’ 

10 means housing that meets one of the following con11 ditions— 

12 (A) housing that is subject to a mortgage 

13 insured under the National Housing Act, 

14 (B) housing that has project-based assist15 ance attached to the structure, 

16 (C) housing that is assisted under section 

17 202 of the Housing Act of 1959 as amended by 

18 section 801 of the Cranston-Gonzales National 

19 Affordable Housing Act, 

20 (D) housing that is assisted under section 

21 202 of the Housing Act of 1959, as such sec22 tion existed before the enactment of the Cran23 ston-Gonzales National Affordable Housing Act, 

24 or, 
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1 (E) housing or vacant land that is subject 

2 to a use agreement. 

3 (3) the term ‘‘project-based assistance’’ 

4 means— 

5 (A) assistance provided under section 8(b) 

6 of the United States Housing Act of 1937; 

7 (B) assistance for housing constructed or 

8 substantially rehabilitated pursuant to assist9 ance provided under section 8(b)(2) of such Act 

10 (as such section existed immediately before Oc11 tober 1, 1983); 

12 (C) rent supplement payments under sec13 tion 101 of the Housing and Urban Develop14 ment Act of 1965; 

15 (D) additional assistance payments under 

16 section 236(f)(2) of the National Housing Act; 

17 and, 

18 (E) assistance payments made under sec19 tion 202(c)(2) of the Housing Act of 1959. 

20 (4) the term ‘‘receiving project’’ means the mul21 tifamily housing project to which the project-based 

22 assistance, debt, and statutorily required use low-in23 come and very low-income restrictions are to be 

24 transferred; 
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1 (5) the term ‘‘transferring project’’ means the 

2 multifamily housing project which is transferring the 

3 project-based assistance, debt and the statutorily re4 quired low-income and very low-income use restric5 tions to the receiving project; and, 

6 (6) the term ‘‘Secretary’’ means the Secretary 

7 of Housing and Urban Development. 

8 TITLE III—INDEPENDENT AGENCIES 

9 AMERICAN BATTLE MONUMENTS COMMISSION

10 SALARIES AND EXPENSES

11 For necessary expenses, not otherwise provided for, 

12 of the American Battle Monuments Commission, including 

13 the acquisition of land or interest in land in foreign coun14 tries; purchases and repair of uniforms for caretakers of 

15 national cemeteries and monuments outside of the United 

16 States and its territories and possessions; rent of office 

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

18 replacement only) and hire of passenger motor vehicles; 

19 and insurance of official motor vehicles in foreign coun20 tries, when required by law of such countries, 

21 $46,100,000, to remain available until expended, of which 

22 $9,100,000 is for the building of an interpretive center 

23 at the Normandy American Cemetery. 
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1 CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD

2 SALARIES AND EXPENSES

3 For necessary expenses in carrying out activities pur4 suant to section 112(r)(6) of the Clean Air Act, as amend5 ed, including hire of passenger vehicles, uniforms or allow6 ances therefore, as authorized by 5 U.S.C. 5901–5902, 

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

8 for individuals not to exceed the per diem equivalent to 

9 the maximum rate payable for senior level positions under 

10 5 U.S.C. 5376, $9,000,000, of which $400,000 shall be 

11 maintained as an emergency fund for accident investiga12 tions which have not been anticipated in the Board’s fiscal 

13 year 2005 budget plan: Provided, That the Chemical Safe14 ty and Hazard Investigation Board (Board) shall have not 

15 more than three career Senior Executive Service positions: 

16 Provided further, That notwithstanding any other provi17 sion of law, the individual appointed to the position of In18 spector General of the Environmental Protection Agency 

19 (EPA) shall, by virtue of such appointment, also hold the 

20 position of Inspector General of the Board: Provided fur21 ther, That notwithstanding any other provision of law, the 

22 Inspector General of the Board shall utilize personnel of 

23 the Office of Inspector General of EPA in performing the 

24 duties of the Inspector General of the Board, and shall 

25 not appoint any individuals to positions within the Board. 
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1 DEPARTMENT OF THE TREASURY

2 COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS

3 FUND PROGRAM ACCOUNT

4 To carry out the Community Development Banking 

5 and Financial Institutions Act of 1994, including services 

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

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

8 ES–3, $55,000,000, to remain available until September 

9 30, 2006, of which $4,000,000 shall be for financial assist10 ance, technical assistance, training and outreach programs 

11 designed to benefit Native American, Native Hawaiian, 

12 and Alaskan Native communities and provided primarily 

13 through qualified community development lender organi14 zations with experience and expertise in community devel15 opment banking and lending in Indian country, Native 

16 American organizations, tribes and tribal organizations 

17 and other suitable providers, and up to $14,900,000 may 

18 be used for administrative expenses, including administra19 tion of the New Markets Tax Credit, up to $6,000,000 

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

21 $250,000 may be used for administrative expenses to 

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

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

24 shall be as defined in section 502 of the Congressional 

25 Budget Act of 1974, as amended: Provided further, That 
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1 these funds are available to subsidize gross obligations for 

2 the principal amount of direct loans not to exceed 

3 $11,000,000. 

4 CONSUMER PRODUCT SAFETY COMMISSION

5 SALARIES AND EXPENSES

6 For necessary expenses of the Consumer Product 

7 Safety Commission, including hire of passenger motor ve8 hicles, services as authorized by 5 U.S.C. 3109, but at 

9 rates for individuals not to exceed the per diem rate equiv10 alent to the maximum rate payable under 5 U.S.C. 5376, 

11 purchase of nominal awards to recognize non-Federal offi12 cials’ contributions to Commission activities, and not to 

13 exceed $500 for official reception and representation ex14 penses, $62,650,000. 

15 CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

16 NATIONAL AND COMMUNITY SERVICE PROGRAMS

17 OPERATING EXPENSES

18 (INCLUDING TRANSFER OF FUNDS)

19 For necessary expenses for the Corporation for Na20 tional and Community Service (the ‘‘Corporation’’) in car21 rying out programs, activities, and initiatives under the 

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

23 (42 U.S.C. 12501 et seq.), $558,311,000, to remain avail24 able until September 30, 2006: Provided, That not more 

25 than $291,933,000 of the amount provided under this 

26 heading shall be available for grants under the National 
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1 Service Trust Program authorized under subtitle C of title 

2 I of the Act (42 U.S.C. 12571 et seq.) (relating to activi3 ties of the AmeriCorps program), including grants to orga4 nizations operating projects under the AmeriCorps Edu5 cation Awards Program (without regard to the require6 ments of sections 121(d) and (e), section 131(e), section 

7 132, and sections 140(a), (d), and (e) of the Act): Pro8 vided further, That not less than $150,500,000 of the 

9 amount provided under this heading, to remain available 

10 without fiscal year limitation, shall be transferred to the 

11 National Service Trust for educational awards authorized 

12 under subtitle D of title I of the Act (42 U.S.C. 12601), 

13 of which up to $4,000,000 shall be available to support 

14 national service scholarships for high school students per15 forming community service, and of which $13,315,000 

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

17 45: Provided further, That in addition to amounts other18 wise provided to the National Service Trust under the sec19 ond proviso, the Corporation may transfer funds from the 

20 amount provided under the first proviso, to the National 

21 Service Trust authorized under subtitle D of title I of the 

22 Act (42 U.S.C. 12601) upon determination that such 

23 transfer is necessary to support the activities of national 

24 service participants and after notice is transmitted to Con25 gress: Provided further, That of the amount provided 
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1 under this heading for grants under the National Service 

2 Trust program authorized under subtitle C of title I of 

3 the Act, not more than $55,000,000 may be used to ad4 minister, reimburse, or support any national service pro5 gram authorized under section 121(d)(2) of such Act (42 

6 U.S.C. 12581(d)(2)): Provided further, That not more 

7 than $16,328,000 shall be available for quality and inno8 vation activities authorized under subtitle H of title I of 

9 the Act (42 U.S.C. 12853 et seq.), of which $6,000,000 

10 shall be available for challenge grants to non-profit organi11 zations: Provided further, That notwithstanding subtitle H 

12 of title I of the Act (42 U.S.C. 12853), none of the funds 

13 provided under the previous proviso shall be used to sup14 port salaries and related expenses (including travel) attrib15 utable to Corporation employees: Provided further, That 

16 to the maximum extent feasible, funds appropriated under 

17 subtitle C of title I of the Act shall be provided in a man18 ner that is consistent with the recommendations of peer 

19 review panels in order to ensure that priority is given to 

20 programs that demonstrate quality, innovation, 

21 replicability, and sustainability: Provided further, That not 

22 less than $26,000,000 of the funds made available under 

23 this heading shall be available for the Civilian Community 

24 Corps authorized under subtitle E of title I of the Act 

25 (42 U.S.C. 12611 et seq.): Provided further, That not 
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1 more than $43,000,000 shall be available for school-based 

2 and community-based service-learning programs author3 ized under subtitle B of title I of the Act (42 U.S.C. 12521 

4 et seq.): Provided further, That not more than $3,550,000 

5 shall be available for audits and other evaluations author6 ized under section 179 of the Act (42 U.S.C. 12639): Pro7 vided further, That not more than $10,000,000 of the 

8 funds made available under this heading shall be made 

9 available for the Points of Light Foundation for activities 

10 authorized under title III of the Act (42 U.S.C. 12661 

11 et seq.), of which not more than $2,500,000 may be used 

12 to support an endowment fund, the corpus of which shall 

13 remain intact and the interest income from which shall 

14 be used to support activities described in title III of the 

15 Act, provided that the Foundation may invest the corpus 

16 and income in federally insured bank savings accounts or 

17 comparable interest bearing accounts, certificates of de18 posit, money market funds, mutual funds, obligations of 

19 the United States, and other market instruments and se20 curities but not in real estate investments: Provided fur21 ther, That no funds shall be available for national service 

22 programs run by Federal agencies authorized under sec23 tion 121(b) of such Act (42 U.S.C. 12571(b)): Provided 

24 further, That not more than $5,000,000 of the funds made 

25 available under this heading shall be made available to 
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1 America’s Promise—The Alliance for Youth, Inc.: Pro2 vided further, That to the maximum extent practicable, the 

3 Corporation shall increase significantly the level of match4 ing funds and in-kind contributions provided by the pri5 vate sector, and shall reduce the total Federal costs per 

6 participant in all programs. 

7 SALARIES AND EXPENSES

8 For necessary expenses of administration as provided 

9 under section 501(a)(4) of the National and Community 

10 Service Act of 1990 (42 U.S.C. 12501 et seq.) including 

11 payment of salaries, authorized travel, hire of passenger 

12 motor vehicles, the rental of conference rooms in the Dis13 trict of Columbia, the employment of experts and consult14 ants authorized under 5 U.S.C. 3109, and not to exceed 

15 $2,500 for official reception and representation expenses, 

16 $25,500,000. 

17 OFFICE OF INSPECTOR GENERAL

18 For necessary expenses of the Office of Inspector 

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

20 as amended, $6,250,000, to remain available until Sep21 tember 30, 2006. 

22 ADMINISTRATIVE PROVISIONS

23 Notwithstanding any other provision of law, the term 

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

25 education awards shall mean any loan determined by an 

26 institution of higher education to be necessary to cover 
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1 a student’s cost of attendance at such institution and 

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

3 State agency, in addition to other meanings under section 

4 148(b)(7) of the National and Community Service Act. 

5 Notwithstanding any other provision of law, funds 

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

7 and Community Service Act to assist entities in placing 

8 applicants who are individuals with disabilities may be 

9 provided to any entity that receives a grant under section 

10 121 of the Act. 

11 The Inspector General of the Corporation for Na12 tional and Community Service shall conduct random au13 dits of the grantees that administer activities under the 

14 AmeriCorps programs and shall levy sanctions in accord15 ance with standard Inspector General audit resolution pro16 cedures which include, but are not limited to, debarment 

17 of any grantee (or successor in interest or any entity with 

18 substantially the same person or persons in control) that 

19 has been determined to have committed any substantial 

20 violations of the requirements of the AmeriCorps pro21 grams, including any grantee that has been determined 

22 to have violated the prohibition of using Federal funds to 

23 lobby the Congress: Provided, That the Inspector General 

24 shall obtain reimbursements in the amount of any misused 

25 funds from any grantee that has been determined to have 
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1 committed any substantial violations of the requirements 

2 of the AmeriCorps programs. 

3 For fiscal year 2005, the Corporation shall make any 

4 significant changes to program requirements or policy only 

5 through public notice and comment rulemaking. For fiscal 

6 year 2005, during any grant selection process, no officer 

7 or employee of the Corporation shall knowingly disclose 

8 any covered grant selection information regarding such se9 lection, directly or indirectly, to any person other than an 

10 officer or employee of the Corporation that is authorized 

11 by the Corporation to receive such information. 

12 U.S. COURT OF APPEALS FOR VETERANS CLAIMS

13 SALARIES AND EXPENSES

14 For necessary expenses for the operation of the 

15 United States Court of Appeals for Veterans Claims as 

16 authorized by 38 U.S.C. 7251–7298, $17,623,000, of 

17 which $1,100,000 shall be available for the purpose of pro18 viding financial assistance as described, and in accordance 

19 with the process and reporting procedures set forth, under 

20 this heading in Public Law 102–229. 

21 DEPARTMENT OF DEFENSE—CIVIL

22 CEMETERIAL EXPENSES, ARMY

23 SALARIES AND EXPENSES

24 For necessary expenses, as authorized by law, for 

25 maintenance, operation, and improvement of Arlington 
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1 National Cemetery and Soldiers’ and Airmen’s Home Na2 tional Cemetery, including the purchase of one passenger 

3 motor vehicle for replacement only, and not to exceed 

4 $1,000 for official reception and representation expenses, 

5 $29,600,000, to remain available until expended. 

6 DEPARTMENT OF HEALTH AND HUMAN SERVICES

7 NATIONAL INSTITUTES OF HEALTH

8 NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH

9 SCIENCES

10 For necessary expenses for the National Institute of 

11 Environmental Health Sciences in carrying out activities 

12 set forth in section 311(a) of the Comprehensive Environ13 mental Response, Compensation, and Liability Act of 

14 1980, as amended, and section 126(g) of the Superfund 

15 Amendments and Reauthorization Act of 1986, 

16 $80,486,000. 

17 AGENCY FOR TOXIC SUBSTANCES AND DISEASE

18 REGISTRY

19 TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC

20 HEALTH

21 For necessary expenses for the Agency for Toxic Sub22 stances and Disease Registry (ATSDR) in carrying out 

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

24 111(c)(14) of the Comprehensive Environmental Re25 sponse, Compensation, and Liability Act of 1980 
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1 (CERCLA), as amended; section 118(f) of the Superfund 

2 Amendments and Reauthorization Act of 1986 (SARA), 

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

4 Act, as amended, $76,654,000: Provided, That notwith5 standing any other provision of law, in lieu of performing 

6 a health assessment under section 104(i)(6) of CERCLA, 

7 the Administrator of ATSDR may conduct other appro8 priate health studies, evaluations, or activities, including, 

9 without limitation, biomedical testing, clinical evaluations, 

10 medical monitoring, and referral to accredited health care 

11 providers: Provided further, That in performing any such 

12 health assessment or health study, evaluation, or activity, 

13 the Administrator of ATSDR shall not be bound by the 

14 deadlines in section 104(i)(6)(A) of CERCLA: Provided 

15 further, That none of the funds appropriated under this 

16 heading shall be available for ATSDR to issue in excess 

17 of 40 toxicological profiles pursuant to section 104(i) of 

18 CERCLA during fiscal year 2005, and existing profiles 

19 may be updated as necessary. 

20 ENVIRONMENTAL PROTECTION AGENCY

21 SCIENCE AND TECHNOLOGY

22 For science and technology, including research and 

23 development activities, which shall include research and 

24 development activities under the Comprehensive Environ25 mental Response, Compensation, and Liability Act of 
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1 1980, as amended; necessary expenses for personnel and 

2 related costs and travel expenses, including uniforms, or 

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

4 5902; services as authorized by 5 U.S.C. 3109, but at 

5 rates for individuals not to exceed the per diem rate equiv6 alent to the maximum rate payable for senior level posi7 tions under 5 U.S.C. 5376; procurement of laboratory 

8 equipment and supplies; other operating expenses in sup9 port of research and development; construction, alteration, 

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

11 exceed $85,000 per project, $758,179,000, which shall re12 main available until September 30, 2006. 

13 ENVIRONMENTAL PROGRAMS AND MANAGEMENT

14 For environmental programs and management, in15 cluding necessary expenses, not otherwise provided for, for 

16 personnel and related costs and travel expenses, including 

17 uniforms, or allowances therefor, as authorized by 5 

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

19 3109, but at rates for individuals not to exceed the per 

20 diem rate equivalent to the maximum rate payable for sen21 ior level positions under 5 U.S.C. 5376; hire of passenger 

22 motor vehicles; hire, maintenance, and operation of air23 craft; purchase of reprints; library memberships in soci24 eties or associations which issue publications to members 

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

26 who are not members; construction, alteration, repair, re-
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1 habilitation, and renovation of facilities, not to exceed 

2 $85,000 per project; and not to exceed $9,000 for official 

3 reception and representation expenses, $2,310,263,000, 

4 which shall remain available until September 30, 2006, in5 cluding administrative costs of the brownfields program 

6 under the Small Business Liability Relief and Brownfields 

7 Revitalization Act of 2002. 

8 OFFICE OF INSPECTOR GENERAL

9 For necessary expenses of the Office of Inspector 

10 General in carrying out the provisions of the Inspector 

11 General Act of 1978, as amended, and for construction, 

12 alteration, repair, rehabilitation, and renovation of facili13 ties, not to exceed $85,000 per project, $38,000,000, to 

14 remain available until September 30, 2006. 

15 BUILDINGS AND FACILITIES

16 For construction, repair, improvement, extension, al17 teration, and purchase of fixed equipment or facilities of, 

18 or for use by, the Environmental Protection Agency, 

19 $40,000,000, to remain available until expended. 

20 HAZARDOUS SUBSTANCE SUPERFUND

21 (INCLUDING TRANSFERS OF FUNDS)

22 For necessary expenses to carry out the Comprehen23 sive Environmental Response, Compensation, and Liabil24 ity Act of 1980 (CERCLA), as amended, including sec25 tions 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C. 

26 9611), and for construction, alteration, repair, rehabilita-
101 

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1 tion, and renovation of facilities, not to exceed $85,000 

2 per project; $1,381,416,000, to remain available until ex3 pended, consisting of such sums as are available in the 

4 Trust Fund upon the date of enactment of this Act as 

5 authorized by section 517(a) of the Superfund Amend6 ments and Reauthorization Act of 1986 (SARA) and up 

7 to $1,381,416,000 as a payment from general revenues 

8 to the Hazardous Substance Superfund for purposes as 

9 authorized by section 517(b) of SARA, as amended: Pro10 vided, That funds appropriated under this heading may 

11 be allocated to other Federal agencies in accordance with 

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

13 funds appropriated under this heading, $13,139,000 shall 

14 be transferred to the ‘‘Office of Inspector General’’ appro15 priation to remain available until September 30, 2006, 

16 and $36,097,000 shall be transferred to the ‘‘Science and 

17 technology’’ appropriation to remain available until Sep18 tember 30, 2006. 

19 LEAKING UNDERGROUND STORAGE TANK PROGRAM

20 For necessary expenses to carry out leaking under21 ground storage tank cleanup activities authorized by sec22 tion 205 of the Superfund Amendments and Reauthoriza23 tion Act of 1986, and for construction, alteration, repair, 

24 rehabilitation, and renovation of facilities, not to exceed 

25 $85,000 per project, $70,000,000, to remain available 

26 until expended. 
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1 OIL SPILL RESPONSE

2 For expenses necessary to carry out the Environ3 mental Protection Agency’s responsibilities under the Oil 

4 Pollution Act of 1990, $16,000,000, to be derived from 

5 the Oil Spill Liability trust fund, to remain available until 

6 expended. 

7 STATE AND TRIBAL ASSISTANCE GRANTS

8 For environmental programs and infrastructure as9 sistance, including capitalization grants for State revolv10 ing funds and performance partnership grants, 

11 $3,886,550,000, to remain available until expended, of 

12 which $1,350,000,000 shall be for making capitalization 

13 grants for the Clean Water State Revolving Funds under 

14 title VI of the Federal Water Pollution Control Act, as 

15 amended (the ‘‘Act’’); $850,000,000 shall be for capital16 ization grants for the Drinking Water State Revolving 

17 Funds under section 1452 of the Safe Drinking Water 

18 Act, as amended, except that, notwithstanding section 

19 1452(n) of the Safe Drinking Water Act, as amended, 

20 none of the funds made available under this heading in 

21 this Act, or in previous appropriations Acts, shall be re22 served by the Administrator for health effects studies on 

23 drinking water contaminants; $30,000,000 for competitive 

24 grants for planning, design, engineering, and infrastruc25 ture improvements and construction for drinking water fa26 cilities in rural areas in order to meet the new require-
103 

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1 ments for arsenic in drinking water; $50,000,000 shall be 

2 for architectural, engineering, planning, design, construc3 tion and related activities in connection with the construc4 tion of high priority water and wastewater facilities in the 

5 area of the United States-Mexico Border, after consulta6 tion with the appropriate border commission; $50,000,000 

7 shall be for grants to the State of Alaska to address drink8 ing water and waste infrastructure needs of rural and 

9 Alaska Native Villages: Provided, That, of these funds (1) 

10 the State of Alaska shall provide a match of 25 percent, 

11 (2) no more than 5 percent of the funds may be used for 

12 administrative and overhead expenses, and (3) not later 

13 than October 1, 2004 the State of Alaska shall make 

14 awards consistent with the statewide priority list estab15 lished in 2004 for all water, sewer, waste disposal, and 

16 similar projects carried out by the State of Alaska that 

17 are funded under section 221 of the Federal Water Pollu18 tion Control Act (33 U.S.C. 1301) or the Consolidated 

19 Farm and Rural Development Act (7 U.S.C. 1921 et seq.) 

20 which shall allocate not less than 25 percent of the funds 

21 provided for projects in regional hub communities; 

22 $4,000,000 shall be for remediation of above ground leak23 ing fuel tanks pursuant to Public Law 106–554; 

24 $117,000,000 shall be for making grants for the construc25 tion of drinking water, wastewater and storm water infra-
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1 structure and for water quality protection in accordance 

2 with the terms and conditions specified for such grants 

3 in the report accompanying this Act, and, for purposes 

4 of these grants, each grantee shall contribute not less than 

5 45 percent of the cost of the project unless the grantee 

6 is approved for a waiver by the Agency; $90,000,000 shall 

7 be to carry out section 104(k) of the Comprehensive Envi8 ronmental Response, Compensation, and Liability Act of 

9 1980 (CERCLA), as amended, including grants, inter10 agency agreements, and associated program support costs; 

11 and $1,162,550,000 shall be for grants, including associ12 ated program support costs, to States, federally recognized 

13 tribes, interstate agencies, tribal consortia, and air pollu14 tion control agencies for multi-media or single media pol15 lution prevention, control and abatement and related ac16 tivities, including activities pursuant to the provisions set 

17 forth under this heading in Public Law 104–134, and for 

18 making grants under section 103 of the Clean Air Act for 

19 particulate matter monitoring and data collection activi20 ties of which and subject to terms and conditions specified 

21 by the Administrator, of which $50,000,000 shall be for 

22 carrying out section 128 of CERCLA, as amended, and 

23 $20,000,000 shall be for Environmental Information Ex24 change Network grants, including associated program 

25 support costs, $20,000,000 shall be for making competi-
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1 tive targeted watershed grants: Provided further, That for 

2 fiscal year 2005 and thereafter, State authority under sec3 tion 302(a) of Public Law 104–182 shall remain in effect: 

4 Provided further, That notwithstanding section 603(d)(7) 

5 of the Act, the limitation on the amounts in a State water 

6 pollution control revolving fund that may be used by a 

7 State to administer the fund shall not apply to amounts 

8 included as principal in loans made by such fund in fiscal 

9 year 2005 and prior years where such amounts represent 

10 costs of administering the fund to the extent that such 

11 amounts are or were deemed reasonable by the Adminis12 trator, accounted for separately from other assets in the 

13 fund, and used for eligible purposes of the fund, including 

14 administration: Provided further, That for fiscal year 

15 2005, and notwithstanding section 518(f) of the Act, the 

16 Administrator is authorized to use the amounts appro17 priated for any fiscal year under section 319 of that Act 

18 to make grants to Indian tribes pursuant to sections 

19 319(h) and 518(e) of that Act: Provided further, That for 

20 fiscal year 2005, notwithstanding the limitation on 

amounts in section 518(c) of the Act, up to a total of 11 21 ⁄2

22 percent of the funds appropriated for State Revolving 

23 Funds under title VI of that Act may be reserved by the 

24 Administrator for grants under section 518(c) of such Act: 

25 Provided further, That no funds provided by this legisla-
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1 tion to address the water, wastewater and other critical 

2 infrastructure needs of the colonias in the United States 

3 along the United States-Mexico border shall be made 

4 available to a county or municipal government unless that 

5 government has established an enforceable local ordinance, 

6 or other zoning rule, which prevents in that jurisdiction 

7 the development or construction of any additional colonia 

8 areas, or the development within an existing colonia the 

9 construction of any new home, business, or other structure 

10 which lacks water, wastewater, or other necessary infra11 structure: Provided further, That the referenced statement 

12 of the managers under this heading in Public Law 107– 

13 73 is deemed to be amended by striking ‘‘Southeast’’ in 

14 reference to item 9 and inserting ‘‘Southwest’’: Provided 

15 further, That the referenced statement of the managers 

16 under this heading in Public Law 107–73, in reference 

17 to item number 103, is deemed to be amended by striking 

18 everything after the word ‘‘for’’, and adding, ‘‘the City of 

19 Chicago, Illinois for water infrastructure improvements at 

20 the Thomas Jefferson and Lakeview Pumping Stations’’: 

21 Provided further, That the referenced statement of the 

22 managers under this heading in Public Law 108–199, in 

23 reference to item number 484, is deemed to be amended 

24 by striking ‘‘City of Norfolk’’ and inserting ‘‘Portsmouth 

25 Virginia’’: Provided further, That the referenced statement 
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1 of the managers under this heading in Public Law 108– 

2 199, in reference to item number 283, is deemed to be 

3 amended by striking ‘‘City of Kalispell, Montana’’ and in4 serting ‘‘Flathead County Water and Sewer District No. 

5 1—Evergreen’’: Provided further, That the referenced 

6 statement of managers under this heading in Public Law 

7 108–7, in reference to item number 139, is deemed to be 

8 amended by striking ‘‘State of Hawaii Health Depart9 ment’’ and inserting ‘‘County of Hawaii’’: Provided fur10 ther, That the referenced statement of managers under 

11 this heading in Public Law 108–199, in reference to item 

12 number 148, is deemed to be amended by striking every13 thing after the word ‘‘for’’ and inserting ‘‘the replacement 

14 of cesspools in Hawaii, $250,000 to the City and County 

15 of Honolulu for Varona Village, $500,000 to the County 

16 of Hawaii and the remainder to the Housing and Commu17 nity Development Corporation of Hawaii;’’: Provided fur18 ther, That the referenced statement of the managers under 

19 this heading in Public Law 108–199, in reference to item 

20 number 388, is deemed to be amended by striking every21 thing after the word ‘‘for’’ and inserting ‘‘the Southeast 

22 Water Treatment Plant in Lawton, Oklahoma for water 

23 and wastewater infrastructure improvements;’’. 

24 ADMINISTRATIVE PROVISIONS

25 For fiscal year 2005, notwithstanding 31 U.S.C. 

26 6303(1) and 6305(1), the Administrator of the Environ-
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1 mental Protection Agency, in carrying out the Agency’s 

2 function to implement directly Federal environmental pro3 grams required or authorized by law in the absence of an 

4 acceptable tribal program, may award cooperative agree5 ments to federally-recognized Indian Tribes or Intertribal 

6 consortia, if authorized by their member Tribes, to assist 

7 the Administrator in implementing Federal environmental 

8 programs for Indian Tribes required or authorized by law, 

9 except that no such cooperative agreements may be award10 ed from funds designated for State financial assistance 

11 agreements. 

12 The Administrator of the Environmental Protection 

13 Agency is authorized to collect and obligate pesticide reg14 istration service fees in accordance with section 33 of the 

15 Federal Insecticide, Fungicide, and Rodenticide Act, as 

16 amended. 

17 Notwithstanding CERCLA 104(k)(4)(B)(i)(IV), ap18 propriated funds for fiscal year 2005 and all fiscal years 

19 thereafter may be used to award grants or loans under 

20 section 104(k) of CERCLA to eligible entities that satisfy 

21 all of the elements set forth in CERCLA section 101(40) 

22 to qualify as a bona fide prospective purchaser except that 

23 the date of acquisition of the property was prior to the 

24 date of enactment of the Small Business Liability Relief 

25 and Brownfield Revitalization Act of 2001. 
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1 For fiscal year 2005, notwithstanding any other pro2 vision of law, recipients of grants awarded under section 

3 104(k) of the Comprehensive Environmental Response, 

4 Compensation, and Liability Act of 1980 (42 U.S.C. 9601 

5 et seq.) may use funds for reasonable administrative costs, 

6 as determined by the Administrator of the Environmental 

7 Protection Agency. 

8 For fiscal years 2004 through 2009, the 

9 Adminstrator may, after consultation with the Office of 

10 Personnel Management, make not to exceed five appoint11 ments in any fiscal year under the authority provided in 

12 42 U.S.C. 209 for the Office of Research and Develop13 ment. 

14 The Administrator of the Environmental Protection 

15 Agency shall submit budget justifications for fiscal year 

16 2006 that identify (including a description of) each indi17 vidual program and activity; the requested budget levels 

18 (including the appropriated levels for the prior two fiscal 

19 years) for each program and activity; the amount of carry20 over, if available, for each program and activity for the 

21 most recent fiscal year; the outlays for each program and 

22 activity; a description and justification of any proposed 

23 changes to each program and activity, and the relationship 

24 of each program and activity to other programs and activi25 ties. 
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1 EXECUTIVE OFFICE OF THE PRESIDENT

2 OFFICE OF SCIENCE AND TECHNOLOGY POLICY

3 For necessary expenses of the Office of Science and 

4 Technology Policy, in carrying out the purposes of the Na5 tional Science and Technology Policy, Organization, and 

6 Priorities Act of 1976 (42 U.S.C. 6601 and 6671), hire 

7 of passenger motor vehicles, and services as authorized by 

8 5 U.S.C. 3109, not to exceed $2,500 for official reception 

9 and representation expenses, and rental of conference 

10 rooms in the District of Columbia, $7,081,000. 

11 COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF

12 ENVIRONMENTAL QUALITY

13 For necessary expenses to continue functions as14 signed to the Council on Environmental Quality and Office 

15 of Environmental Quality pursuant to the National Envi16 ronmental Policy Act of 1969, the Environmental Quality 

17 Improvement Act of 1970, and Reorganization Plan No. 

18 1 of 1977, and not to exceed $750 for official reception 

19 and representation expenses, $3,284,000: Provided, That 

20 notwithstanding section 202 of the National Environ21 mental Policy Act of 1970, the Council shall consist of 

22 one member, appointed by the President, by and with the 

23 advice and consent of the Senate, serving as chairman and 

24 exercising all powers, functions, and duties of the Council. 
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1 FEDERAL DEPOSIT INSURANCE CORPORATION

2 OFFICE OF INSPECTOR GENERAL

3 For necessary expenses of the Office of Inspector 

4 General in carrying out the provisions of the Inspector 

5 General Act of 1978, as amended, $30,625,000, to be de6 rived from the Bank Insurance Fund, the Savings Asso7 ciation Insurance Fund, and the FSLIC Resolution Fund. 

8 GENERAL SERVICES ADMINISTRATION

9 FEDERAL CITIZEN INFORMATION CENTER FUND

10 For necessary expenses of the Federal Citizen Infor11 mation Center, including services authorized by 5 U.S.C. 

12 3109, $14,907,000, to be deposited into the Federal Cit13 izen Information Center Fund: Provided, That the appro14 priations, revenues, and collections deposited into the 

15 Fund shall be available for necessary expenses of Federal 

16 Citizen Information Center activities in the aggregate 

17 amount not to exceed $27,000,000. Appropriations, reve18 nues, and collections accruing to this Fund during fiscal 

19 year 2005 in excess of such amount shall remain in the 

20 Fund and shall not be available for expenditure except as 

21 authorized in appropriations Acts. 
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1 UNITED STATES INTERAGENCY COUNCIL ON

2 HOMELESSNESS

3 OPERATING EXPENSES

4 For necessary expenses (including payment of sala5 ries, authorized travel, hire of passenger motor vehicles, 

6 the rental of conference rooms, and the employment of ex7 perts and consultants under section 3109 of title 5, United 

8 States Code) of the United States Interagency Council on 

9 Homelessness in carrying out the functions pursuant to 

10 title II of the McKinney-Vento Homeless Assistance Act, 

11 as amended, $1,500,000. 

12 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

13 EXPLORATION CAPABILITIES

14 (INCLUDING TRANSFER OF FUNDS)

15 For necessary expenses, not otherwise provided for, 

16 in the conduct and support of exploration capabilities re17 search and development activities, including research, de18 velopment, operations, support and services; maintenance; 

19 construction of facilities including repair, rehabilitation, 

20 revitalization and modification of facilities, construction of 

21 new facilities and additions to existing facilities, facility 

22 planning and design, and acquisition or condemnation of 

23 real property, as authorized by law; environmental compli24 ance and restoration; space flight, spacecraft control and 

25 communications activities including operations, produc26 tion, and services; program management; personnel and 
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1 related costs, including uniforms or allowances therefor, 

2 as authorized by 5 U.S.C. 5901–5902; travel expenses; 

3 purchase and hire of passenger motor vehicles; not to ex4 ceed $35,000 for official reception and representation ex5 penses; and purchase, lease, charter, maintenance and op6 eration of mission and administrative aircraft, 

7 $8,411,100,000, to remain available until September 30, 

8 2006, 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 ‘‘Exploration, science, and aeronautics’’ in accordance 

14 with section 424 of this Act and section 312(b) of the Na15 tional Aeronautics and Space Act of 1958, as amended 

16 by Public Law 106–377: Provided, That of the amount 

17 under this heading, $600,000,000 is designated as an 

18 emergency requirement pursuant to section 402 of S. Con. 

19 Res. 95 (108th Congress) as made applicable to the House 

20 of Representatives by H. Res. 649 (108th Congress) and 

21 applicable to the Senate by Section 14007 of Public Law 

22 108–287. 

23 EXPLORATION, SCIENCE, AND AERONAUTICS

24 (INCLUDING TRANSFER OF FUNDS)

25 For necessary expenses, not otherwise provided for, 

26 in the conduct and support of exploration, science, and 
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1 aeronautics research and development activities, including 

2 research, development, operations, support and services; 

3 maintenance; construction of facilities including repair, re4 habilitation, revitalization, and modification of facilities, 

5 construction of new facilities and additions to existing fa6 cilities, facility planning and design, and restoration, and 

7 acquisition or condemnation of real property, as author8 ized by law; environmental compliance and restoration; 

9 space flight, spacecraft control and communications activi10 ties including operations, production, and services; pro11 gram management; personnel and related costs, including 

12 uniforms or allowances therefor, as authorized by 5 U.S.C. 

13 5901–5902; travel expenses; purchase and hire of pas14 senger motor vehicles; not to exceed $35,000 for official 

15 reception and representation expenses; and purchase, 

16 lease, charter, maintenance and operation of mission and 

17 administrative aircraft, $7,936,500,000, to remain avail18 able until September 30, 2006, of which amounts as deter19 mined by the Administrator for salaries and benefits; 

20 training, travel and awards; facility and related costs; in21 formation technology services; science, engineering, fabri22 cating and testing services; and other administrative serv23 ices may be transferred to ‘‘Exploration capabilities’’ in 

24 accordance with section 424 of this Act and section 312(b) 

25 of the National Aeronautics and Space Act of 1958, as 
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1 amended by Public Law 106–377: Provided, That of the 

2 amount under this heading, $200,000,000 is designated 

3 as an emergency requirement pursuant to section 402 of 

4 S. Con. Res. 95 (108th Congress) as made applicable to 

5 the House of Representatives by H. Res. 649 (108th Con6 gress) and applicable to the Senate by Section 14007 of 

7 Public Law 108–287. 

8 OFFICE OF INSPECTOR GENERAL

9 For necessary expenses of the Office of Inspector 

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

11 as amended, $31,600,000. 

12 ADMINISTRATIVE PROVISIONS

13 Notwithstanding the limitation on the availability of 

14 funds appropriated for ‘‘Exploration, science, and aero15 nautics’’, or ‘‘Exploration capabilities’’ by this appropria16 tions Act, when any activity has been initiated by the in17 currence of obligations for construction of facilities or en18 vironmental compliance and restoration activities as au19 thorized by law, such amount available for such activity 

20 shall remain available until expended. This provision does 

21 not apply to the amounts appropriated for institutional 

22 minor revitalization and construction of facilities, and in23 stitutional facility planning and design. 

24 Notwithstanding the limitation on the availability of 

25 funds appropriated for ‘‘Exploration, science, and aero26 nautics’’, or ‘‘Exploration capabilities’’ by this appropria-
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1 tions Act, the amounts appropriated for construction of 

2 facilities shall remain available until September 30, 2007. 

3 From amounts made available in this Act for these 

4 activities, subject to a reprogramming of funds approved 

5 by the House and Senate Committees on Appropriations, 

6 the Administration may transfer amounts between the 

7 ‘‘Exploration, science and aeronautics’’ account and the 

8 ‘‘Exploration capabilities’’ account. 

9 Funds for announced prizes otherwise authorized 

10 shall remain available, without fiscal year limitation, until 

11 the prize is claimed or the offer is withdrawn. 

12 The unexpired balances of prior appropriations to 

13 NASA for activities for which funds are provided under 

14 this Act may be transferred to the new account established 

15 for the appropriation that provides such activity under this 

16 Act. Balances so transferred may be merged with funds 

17 in the newly established account and thereafter may be 

18 accounted for as one fund under the same terms and con19 ditions. 

20 NATIONAL CREDIT UNION ADMINISTRATION

21 CENTRAL LIQUIDITY FACILITY

22 (INCLUDING TRANSFER OF FUNDS)

23 During fiscal year 2005, gross obligations of the Cen24 tral Liquidity Facility for the principal amount of new di25 rect loans to member credit unions, as authorized by 12 

26 U.S.C. 1795 et seq., shall not exceed $1,500,000,000: Pro-
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1 vided, That administrative expenses of the Central Liquid2 ity Facility in fiscal year 2005 shall not exceed $310,000. 

3 COMMUNITY DEVELOPMENT CREDIT UNION REVOLVING

4 LOAN FUND

5 For the Community Development Revolving Loan 

6 Fund program as authorized by 42 U.S.C. 9812, 9822 

7 and 9910, $1,000,000 shall be available: Provided, That 

8 of this amount $200,000, together with amounts of prin9 cipal and interest on loans repaid, is available until ex10 pended for loans to community development credit unions, 

11 and $800,000 is available until expended for technical as12 sistance to low-income and community development credit 

13 unions. 

14 NATIONAL SCIENCE FOUNDATION

15 RESEARCH AND RELATED ACTIVITIES

16 For necessary expenses in carrying out the National 

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

18 1861–1875), and the Act to establish a National Medal 

19 of Science (42 U.S.C. 1880–1881); services as authorized 

20 by 5 U.S.C. 3109; maintenance and operation of aircraft 

21 and purchase of flight services for research support; acqui22 sition of aircraft; and authorized travel; $4,404,320,000, 

23 of which not to exceed $350,000,000 shall remain avail24 able until expended for Polar research and operations sup25 port, and for reimbursement to other Federal agencies for 

26 operational and science support and logistical and other 
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1 related activities for the United States Antarctic program; 

2 the balance to remain available until September 30, 2006: 

3 Provided, That receipts for scientific support services and 

4 materials furnished by the National Research Centers and 

5 other National Science Foundation supported research fa6 cilities may be credited to this appropriation: Provided fur7 ther, That to the extent that the amount appropriated is 

8 less than the total amount authorized to be appropriated 

9 for included program activities, all amounts, including 

10 floors and ceilings, specified in the authorizing Act for 

11 those program activities or their subactivities shall be re12 duced proportionally: Provided further, That $90,000,000 

13 of the funds available under this heading shall be made 

14 available for a comprehensive research initiative on plant 

15 genomes for economically significant crops. 

16 MAJOR RESEARCH EQUIPMENT AND FACILITIES

17 CONSTRUCTION

18 For necessary expenses for the acquisition, construc19 tion, commissioning, and upgrading of major research 

20 equipment, facilities, and other such capital assets pursu21 ant to the National Science Foundation Act of 1950, as 

22 amended, including authorized travel, $130,420,000, to 

23 remain available until expended. 

24 EDUCATION AND HUMAN RESOURCES

25 For necessary expenses in carrying out science and 

26 engineering education and human resources programs and 
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1 activities pursuant to the National Science Foundation 

2 Act of 1950, as amended (42 U.S.C. 1861–1875), includ3 ing services as authorized by 5 U.S.C. 3109, authorized 

4 travel, and rental of conference rooms in the District of 

5 Columbia, $929,150,000, to remain available until Sep6 tember 30, 2006: Provided, That to the extent that the 

7 amount of this appropriation is less than the total amount 

8 authorized to be appropriated for included program activi9 ties, all amounts, including floors and ceilings, specified 

10 in the authorizing Act for those program activities or their 

11 subactivities shall be reduced proportionally. 

12 SALARIES AND EXPENSES

13 For salaries and expenses necessary in carrying out 

14 the National Science Foundation Act of 1950, as amended 

15 (42 U.S.C. 1861–1875); services authorized by 5 U.S.C. 

16 3109; hire of passenger motor vehicles; not to exceed 

17 $9,000 for official reception and representation expenses; 

18 uniforms or allowances therefor, as authorized by 5 U.S.C. 

19 5901–5902; rental of conference rooms in the District of 

20 Columbia; and reimbursement of the General Services Ad21 ministration for security guard services; $269,000,000: 

22 Provided, That contracts may be entered into under ‘‘Sala23 ries and expenses’’ in fiscal year 2005 for maintenance 

24 and operation of facilities, and for other services, to be 

25 provided during the next fiscal year. 
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1 OFFICE OF THE NATIONAL SCIENCE BOARD

2 For necessary expenses (including payment of sala3 ries, authorized travel, hire of passenger motor vehicles, 

4 the rental of conference rooms in the District of Columbia, 

5 and the employment of experts and consultants under sec6 tion 3109 of title 5, United States Code) involved in car7 rying out section 4 of the National Science Foundation 

8 Act of 1950 (42 U.S.C. 1863) and Public Law 86–209 

9 (42 U.S.C. 1880 et seq.), $4,000,000: Provided, That not 

10 more than $9,000 shall be available for official reception 

11 and representation expenses. 

12 OFFICE OF INSPECTOR GENERAL

13 For necessary expenses of the Office of Inspector 

14 General as authorized by the Inspector General Act of 

15 1978, as amended, $10,110,000, to remain available until 

16 September 30, 2006. 

17 NEIGHBORHOOD REINVESTMENT CORPORATION

18 PAYMENT TO THE NEIGHBORHOOD REINVESTMENT

19 CORPORATION

20 For payment to the Neighborhood Reinvestment Cor21 poration for use in neighborhood reinvestment activities, 

22 as authorized by the Neighborhood Reinvestment Corpora23 tion Act (42 U.S.C. 8101–8107), $115,000,000, of which 

24 $5,000,000 shall be for a multi-family rental housing pro25 gram. 
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1 SELECTIVE SERVICE SYSTEM

2 SALARIES AND EXPENSES

3 For necessary expenses of the Selective Service Sys4 tem, including expenses of attendance at meetings and of 

5 training for uniformed personnel assigned to the Selective 

6 Service System, as authorized by 5 U.S.C. 4101–4118 for 

7 civilian employees; purchase of uniforms, or allowances 

8 therefor, as authorized by 5 U.S.C. 5901–5902; hire of 

9 passenger motor vehicles; services as authorized by 5 

10 U.S.C. 3109; and not to exceed $750 for official reception 

11 and representation expenses; $26,300,000: Provided, That 

12 during the current fiscal year, the President may exempt 

13 this appropriation from the provisions of 31 U.S.C. 1341, 

14 whenever the President deems such action to be necessary 

15 in the interest of national defense: Provided further, That 

16 none of the funds appropriated by this Act may be ex17 pended for or in connection with the induction of any per18 son into the Armed Forces of the United States. 

19 TITLE IV—GENERAL PROVISIONS 

20 SEC. 401. No part of any appropriation contained in 

21 this Act shall remain available for obligation beyond the 

22 current fiscal year unless expressly so provided herein. 

23 SEC. 402. No funds appropriated by this Act may be 

24 expended— 
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1 (1) pursuant to a certification of an officer or 

2 employee of the United States unless— 

3 (A) such certification is accompanied by, 

4 or is part of, a voucher or abstract which de5 scribes the payee or payees and the items or 

6 services for which such expenditure is being 

7 made; or 

8 (B) the expenditure of funds pursuant to 

9 such certification, and without such a voucher 

10 or abstract, is specifically authorized by law; 

11 and 

12 (2) unless such expenditure is subject to audit 

13 by the General Accounting Officer or is specifically 

14 exempt 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 

18 such department or agency between the domicile and the 

19 place of employment of the officer or employee, with the 

20 exception of an officer or employee authorized such trans21 portation under 31 U.S.C. 1344 or 5 U.S.C. 7905 or (2) 

22 to provide a cook, chauffeur, or other personal servants 

23 to any officer 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 re-
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1 cipients that do not share in the cost of conducting re2 search resulting from proposals not specifically solicited 

3 by the Government: Provided, That the extent of cost 

4 sharing by the recipient shall reflect the mutuality of in5 terest of the grantee or contractor and the Government 

6 in the research. 

7 SEC. 405. None of the funds provided in this Act may 

8 be used, directly or through grants, to pay or to provide 

9 reimbursement for payment of the salary of a consultant 

10 (whether retained by the Federal Government or a grant11 ee) at more than the daily equivalent of the rate paid for 

12 level IV of the Executive Schedule, unless specifically au13 thorized by law. 

14 SEC. 406. None of the funds provided in this Act may 

15 be used to pay the expenses of, or otherwise compensate, 

16 non-Federal parties intervening in regulatory or adjudica17 tory proceedings. Nothing herein affects the authority of 

18 the Consumer Product Safety Commission pursuant to 

19 section 7 of the Consumer Product Safety Act (15 U.S.C. 

20 2056 et seq.). 

21 SEC. 407. Except as otherwise provided under exist22 ing law, or under an existing Executive order issued pur23 suant to an existing law, the obligation or expenditure of 

24 any appropriation under this Act for contracts for any 

25 consulting service shall be limited to contracts which are: 
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1 (1) a matter of public record and available for public in2 spection; and (2) thereafter included in a publicly available 

3 list of all contracts entered into within 24 months prior 

4 to the date on which the list is made available to the public 

5 and of all contracts on which performance has not been 

6 completed by such date. The list required by the preceding 

7 sentence shall be updated quarterly and shall include a 

8 narrative description of the work to be performed under 

9 each such contract. 

10 SEC. 408. None of the funds appropriated in this Act 

11 may be used to implement any cap on reimbursements to 

12 grantees for indirect costs, except as published in Office 

13 of Management and Budget Circular A–21. 

14 SEC. 409. Such sums as may be necessary for fiscal 

15 year 2005 pay raises for programs funded by this Act shall 

16 be absorbed within the levels appropriated in this Act. 

17 SEC. 410. (a) It is the sense of the Congress that, 

18 to the greatest extent practicable, all equipment and prod19 ucts purchased with funds made available in this Act 

20 should be American-made. 

21 (b) In providing financial assistance to, or entering 

22 into any contract with, any entity using funds made avail23 able in this Act, the head of each Federal agency, to the 

24 greatest extent practicable, shall provide to such entity a 
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1 notice describing the statement made in subsection (a) by 

2 the Congress. 

3 SEC. 411. None of the funds made available in this 

4 Act may be used for any program, project, or activity, 

5 when it is made known to the Federal entity or official 

6 to which the funds are made available that the program, 

7 project, or activity is not in compliance with any Federal 

8 law relating to risk assessment, the protection of private 

9 property rights, or unfunded mandates. 

10 SEC. 412. Except in the case of entities that are 

11 funded solely with Federal funds or any natural persons 

12 that are funded under this Act, none of the funds in this 

13 Act shall be used for the planning or execution of any pro14 gram to pay the expenses of, or otherwise compensate, 

15 non-Federal parties to lobby or litigate in respect to adju16 dicatory proceedings funded in this Act. A chief executive 

17 officer of any entity receiving funds under this Act shall 

18 certify that none of these funds have been used to engage 

19 in the lobbying of the Federal Government or in litigation 

20 against the United States unless authorized under existing 

21 law. 

22 SEC. 413. No part of any funds appropriated in this 

23 Act shall be used by an agency of the executive branch, 

24 other than for normal and recognized executive-legislative 

25 relationships, for publicity or propaganda purposes, and 
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1 for the preparation, distribution or use of any kit, pam2 phlet, booklet, publication, radio, television or film presen3 tation designed to support or defeat legislation pending 

4 before the Congress, except in presentation to the Con5 gress itself. 

6 SEC. 414. All departments and agencies funded under 

7 this Act are encouraged, within the limits of the existing 

8 statutory authorities and funding, to expand their use of 

9 ‘‘E-Commerce’’ technologies and procedures in the con10 duct of their business practices and public service activi11 ties. 

12 SEC. 415. None of the funds made available in this 

13 Act may be transferred to any department, agency, or in14 strumentality of the United States Government except 

15 pursuant to a transfer made by, or transfer authority pro16 vided in, this Act or any other appropriation Act. 

17 SEC. 416. None of the funds provided in this Act to 

18 any department or agency shall be obligated or expended 

19 to procure passenger automobiles as defined in 15 U.S.C. 

20 2001 with an EPA estimated miles per gallon average of 

21 less than 22 miles per gallon. 

22 SEC. 417. Section 312 of the National Aeronautics 

23 and Space Administration Act of 1958, as amended, is 

24 further amended— 
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1 (1) by striking the second Sec. ‘‘312’’ and in2 serting ‘‘313’’; 

3 (2) by inserting the title, ‘‘Full Cost Appropria4 tions Account Structure’’, before Sec. 313; 

5 (3) in subsection (a)— 

6 (A) by striking ‘‘Human space flight’’ and 

7 inserting ‘‘Exploration capabilities’’; 

8 (B) by striking ‘‘Science, aeronautics, and 

9 technology’’ and inserting ‘‘Exploration, science 

10 and aeronautics’’; and 

11 (C) by striking ‘‘2002’’ and inserting 

12 ‘‘2004’’; and 

13 (4) by striking subsection (c), and inserting the 

14 following new subsection: 

15 ‘‘(c) The unexpired balances of prior appropriations 

16 to the Administration for activities authorized under this 

17 Act may be transferred to the new account established for 

18 such activity in subsection (a). Balances so transferred 

19 may be merged with funds in the newly established ac20 count and thereafter may be accounted for as one fund 

21 under the same terms and conditions’’. 

22 SEC. 418. None of the funds made available in this 

23 Act may be used to implement any policy prohibiting the 

24 Directors of the Veterans Integrated Service Networks 
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1 from conducting outreach or marketing to enroll new vet2 erans within their respective Networks. 

3 SEC. 419. It is the sense of Congress that no veteran 

4 should wait more than 30 days for an initial doctor’s ap5 pointment. 

6 SEC. 420. None of the funds made available to NASA 

7 in this Act may be used for voluntary separation incentive 

8 payments as provided for in subchapter II of chapter 35 

9 of title 5, United States Code, unless the Administrator 

10 of NASA has first certified to Congress that such pay11 ments would not result in the loss of skills related to the 

12 safety of the Space Shuttle or the International Space Sta13 tion or to the conduct of independent safety oversight in 

14 the National Aeronautics and Space Administration. 

15 SEC. 421. (a) TREATMENT OF PIONEER HOMES IN

16 ALASKA AS STATE HOME FOR VETERANS.—For this fiscal 

17 year and each fiscal year hereafter, the Secretary of Vet18 erans Affairs may— 

19 (1) treat the Pioneer Homes in the State of 

20 Alaska collectively as a single State home for vet21 erans for purposes of section 1741 of title 38, 

22 United States Code; and 

23 (2) make per diem payments to the State of 

24 Alaska for care provided to veterans in the Pioneer 
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1 Homes in accordance with the provisions of that sec2 tion. 

3 (b) TREATMENT NOTWITHSTANDING NON-VETERAN

4 RESIDENCY.—The Secretary may treat the Pioneer 

5 Homes as a State home under subsection (a) notwith6 standing the residency of non-veterans in one or more of 

7 the Pioneer Homes. 

8 (c) PIONEER HOMES DEFINED.—In this section, the 

9 term ‘‘Pioneer Homes’’ means the six regional homes in 

10 the State of Alaska known as Pioneer Homes, which are 

11 located in the following: 

12 (1) Anchorage, Alaska. 

13 (2) Fairbanks, Alaska. 

14 (3) Juneau, Alaska. 

15 (4) Ketchikan, Alaska. 

16 (5) Palmer, Alaska. 

17 (6) Sitka, Alaska. 

18 (d) LIMITATION.—The number of beds occupied by 

19 veterans collectively in the six Pioneer Homes listed under 

20 subsection (c) for which per diem would be paid under 

21 this authority shall not exceed the number of veterans in 

22 state beds that otherwise would be permitted in Alaska 

23 under the Department of Veterans Affairs state home reg24 ulations governing the number of beds per veteran popu25 lation. 
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1 SEC. 422. Of the amounts available to the National 

2 Aeronautics and Space Administration, such sums as may 

3 be necessary for the benefit of the families of the astro4 nauts who died on board the Space Shuttle Columbia on 

5 February 1, 2003, are available under the terms of section 

6 203(c)(13) of the National Aeronautics and Space Act of 

7 1958, as amended, independent of the limitations estab8 lished therein. 

9 SEC. 423. Section 428 of the Departments of Vet10 erans Affairs and Housing and Urban Development, and 

11 Independent Agencies Appropriations Act, 2004 is amend12 ed— 

13 (1) in subsection (c), by inserting ‘‘new’’ before 

14 ‘‘spark ignition engines’’; and 

15 (2) in subsection (d), by striking out ‘‘The pro16 hibition in subsection (e)’’ and inserting in lieu 

17 thereof: ‘‘The prohibition in subsection (c)’’. 

18 SEC. 424. Except as otherwise provided in this Act 

19 or accompanying statement of managers or through a re20 programming of funds approved by the House and Senate 

21 Committees on Appropriations, no part of any appropria22 tion for the National Aeronautics and Space Administra23 tion shall be available for any program, project or activity 

24 in excess of amounts set forth by program or activity in 

25 the fiscal year 2005 budget justifications (or subsequent 
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1 budget amendment) submitted to the Congress: Provided, 

2 That to the extent any part of this provision is determined 

3 to be unconstitutional, the remainder of the provision shall 

4 be considered severable from such part and legally effec5 tive. 

6 SEC. 425. No funds in this or any other bill may be 

7 used to implement section 338 of the Department of the 

8 Interior and Related Agencies Appropriations Act, 2005. 

9 SEC. 426. NATIONAL DAIRY MARKET LOSS PAY10 MENTS. (a) IN GENERAL.—Section 1502 of the Farm Se11 curity and Rural Investment Act of 2002 (7 U.S.C. 7982) 

12 is amended— 

13 (1) in subsection (c)(2)(A), by striking 

14 ‘‘$16.94’’ and inserting ‘‘$17.10’’; 

15 (2) in subsection (d)(2), by striking the second 

16 sentence; and 

17 (3) in subsections (f) and (g)(1), by striking 

18 ‘‘2005’’ each place it appears and inserting ‘‘2007’’. 

19 (b) PERIOD OF EFFECTIVENESS.—Notwithstanding 

20 section 257 of the Balanced Budget and Emergency Def21 icit Control Act of 1985 (2 U.S.C. 907)— 

22 (1) the amendments made by paragraphs (1) 

23 and (2) of subsection (a) shall be effective only dur24 ing the period beginning October 1, 2005, and end25 ing September 30, 2007; and 
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1 (2) the amendments made by subsection (a)(3) 

2 shall be effective only during the period beginning on 

3 the first day of the first month beginning after the 

4 date of enactment of this Act and ending September 

5 30, 2007. 

6 This Act may be cited as the ‘‘Departments of Vet7 erans Affairs and Housing and Urban Development, and 

8 Independent Agencies Appropriations Act, 2005’’. 

Calendar No. 708 

108TH CONGRESS 

2D SESSION S. 2825 

[Report No. 108–353] 

A BILL 

Making appropriations for the Departments of Vetand for other purposes. for the fiscal year ending September 30, 2005, boards, commissions, corporations, and offices ment, and for sundry independent agencies, erans Affairs and Housing and Urban DevelopSEPTEMBER 21, 2004 

Read twice and placed on the calendar