H. R. 2673—392
Carolina, on behalf of the Raleigh-Cary, North Carolina Metropoli-
tan Statistical Area. Any amounts allocated to Wake County shall
be used to carry out eligible activities under section 855 of such
Act (42 U.S.C. 12904) within such metropolitan statistical area.
SEC. 215. Section 224 of the National Housing Act (12 U.S.C.
1735o) is amended by adding the following new sentence at the
end of the first paragraph: ‘‘Notwithstanding the preceding sentence
and the following paragraph, if an insurance claim is paid in cash
for any mortgage that is insured under section 203 or 234 of
this Act and is endorsed for mortgage insurance after the date
of enactment of this sentence, the debenture interest rate for pur-
poses of calculating such a claim shall be the monthly average
yield, for the month in which the default on the mortgage occurred,
on United States Treasury Securities adjusted to a constant matu-
rity of 10 years.’’.
SEC. 216. The McKinney-Vento Homeless Assistance Act (42
U.S.C. 11301 et seq.) is amended—
(1) in section 101(b), by striking ‘‘Interagency Council on
the Homeless’’ and inserting ‘‘United States Interagency
Council on Homelessness’’;
(2) in section 102(b)(1), by striking ‘‘an Interagency Council
on the Homeless’’ and inserting ‘‘the United States Interagency
Council on Homelessness’’;
(3) in the heading for title II, by striking ‘‘INTERAGENCY
COUNCIL ON THE HOMELESS’’ and inserting ‘‘UNITED
STATES INTERAGENCY COUNCIL ON HOMELESSNESS’’;
and
(4) in sections 201, 207(1), 501(c)(2)(a), and 501(d)(3), by
striking ‘‘Interagency Council on the Homeless’’ and inserting
‘‘United States Interagency Council on Homelessness’’.
SEC. 217. (a) INFORMATION COMPARISONS
FOR PUBLIC
AND
ASSISTED HOUSING PROGRAMS.—Section 453(j) of the Social Security
Act (42 U.S.C. 653(j)) is amended by adding at the end the following
new paragraph:
‘‘(7) INFORMATION COMPARISONS FOR HOUSING ASSISTANCE
PROGRAMS.—
‘‘(A) FURNISHING
OF
INFORMATION
BY
HUD.—Subject
to subparagraph (G), the Secretary of Housing and Urban
Development shall furnish to the Secretary, on such peri-
odic basis as determined by the Secretary of Housing and
Urban Development in consultation with the Secretary,
information in the custody of the Secretary of Housing
and Urban Development for comparison with information
in the National Directory of New Hires, in order to obtain
information in such Directory with respect to individuals
who are participating in any program under—
‘‘(i) the United States Housing Act of 1937 (42
U.S.C. 1437 et seq.);
‘‘(ii) section 202 of the Housing Act of 1959 (12
U.S.C. 1701q);
‘‘(iii) section 221(d)(3), 221(d)(5), or 236 of the
National Housing Act (12 U.S.C. 1715l(d) and 1715z–
1);
‘‘(iv) section 811 of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 8013); or
‘‘(v) section 101 of the Housing and Urban Develop-
ment Act of 1965 (12 U.S.C. 1701s).
H. R. 2673—393
‘‘(B) REQUIREMENT TO SEEK MINIMUM INFORMATION.—
The Secretary of Housing and Urban Development shall
seek information pursuant to this section only to the extent
necessary to verify the employment and income of individ-
uals described in subparagraph (A).
‘‘(C) DUTIES OF THE SECRETARY.—
‘‘(i) INFORMATION DISCLOSURE.—The Secretary, in
cooperation with the Secretary of Housing and Urban
Development, shall compare information in the
National Directory of New Hires with information pro-
vided by the Secretary of Housing and Urban Develop-
ment with respect to individuals described in subpara-
graph (A), and shall disclose information in such Direc-
tory regarding such individuals to the Secretary of
Housing and Urban Development, in accordance with
this paragraph, for the purposes specified in this para-
graph.
‘‘(ii) CONDITION
ON
DISCLOSURE.—The Secretary
shall make disclosures in accordance with clause (i)
only to the extent that the Secretary determines that
such disclosures do not interfere with the effective
operation of the program under this part.
‘‘(D) USE OF INFORMATION BY HUD.—The Secretary of
Housing and Urban Development may use information
resulting from a data match pursuant to this paragraph
only—
‘‘(i) for the purpose of verifying the employment
and income of individuals described in subparagraph
(A); and
‘‘(ii) after removal of personal identifiers, to con-
duct analyses of the employment and income reporting
of individuals described in subparagraph (A).
‘‘(E) DISCLOSURE OF INFORMATION BY HUD.—
‘‘(i) PURPOSE
OF
DISCLOSURE.—The Secretary of
Housing and Urban Development may make a disclo-
sure under this subparagraph only for the purpose
of verifying the employment and income of individuals
described in subparagraph (A).
‘‘(ii) DISCLOSURES PERMITTED.—Subject to clause
(iii), the Secretary of Housing and Urban Development
may disclose information resulting from a data match
pursuant to this paragraph only to a public housing
agency, the Inspector General of the Department of
Housing and Urban Development, and the Attorney
General in connection with the administration of a
program described in subparagraph (A). Information
obtained by the Secretary of Housing and Urban
Development pursuant to this paragraph shall not be
made available under section 552 of title 5, United
States Code.
‘‘(iii) CONDITIONS
ON
DISCLOSURE.—Disclosures
under this paragraph shall be—
‘‘(I) made in accordance with data security
and control policies established by the Secretary
of Housing and Urban Development and approved
by the Secretary;
H. R. 2673—394
‘‘(II) subject to audit in a manner satisfactory
to the Secretary; and
‘‘(III) subject to the sanctions under subsection
(l)(2).
‘‘(iv) ADDITIONAL DISCLOSURES.—
‘‘(I) DETERMINATION
BY
SECRETARIES.—The
Secretary of Housing and Urban Development and
the Secretary shall determine whether to permit
disclosure of information under this paragraph to
persons or entities described in subclause (II),
based on an evaluation made by the Secretary
of Housing and Urban Development (in consulta-
tion with and approved by the Secretary), of the
costs and benefits of disclosures made under clause
(ii) and the adequacy of measures used to safe-
guard the security and confidentiality of informa-
tion so disclosed.
‘‘(II) PERMITTED PERSONS OR ENTITIES.—If the
Secretary of Housing and Urban Development and
the Secretary determine pursuant to subclause (I)
that disclosures to additional persons or entities
shall be permitted, information under this para-
graph may be disclosed by the Secretary of
Housing and Urban Development to a private
owner, a management agent, and a contract
administrator in connection with the administra-
tion of a program described in subparagraph (A),
subject to the conditions in clause (iii) and such
additional conditions as agreed to by the Secre-
taries.
‘‘(v) RESTRICTIONS ON REDISCLOSURE.—A person or
entity to which information is disclosed under this
subparagraph may use or disclose such information
only as needed for verifying the employment and
income of individuals described in subparagraph (A),
subject to the conditions in clause (iii) and such addi-
tional conditions as agreed to by the Secretaries.
‘‘(F) REIMBURSEMENT OF HHS COSTS.—The Secretary
of Housing and Urban Development shall reimburse the
Secretary, in accordance with subsection (k)(3), for the
costs incurred by the Secretary in furnishing the informa-
tion requested under this paragraph.
‘‘(G) CONSENT.—The Secretary of Housing and Urban
Development shall not seek, use, or disclose information
under this paragraph relating to an individual without
the prior written consent of such individual (or of a person
legally authorized to consent on behalf of such individual).’’.
(b) CONSENT TO INFORMATION COMPARISON AND USE AS CONDI-
TION OF HUD PROGRAM ELIGIBILITY.—As a condition of participating
in any program authorized under—
(1) the United States Housing Act of 1937 (42 U.S.C. 1437
et seq.);
(2) section 202 of the Housing Act of 1959 (12 U.S.C.
1701q);
(3) section 221(d)(3), 221(d)(5), or 236 of the National
Housing Act (12 U.S.C. 1715l(d) and 1715z–1);
H. R. 2673—395
(4) section 811 of the Cranston-Gonzalez National Afford-
able Housing Act (42 U.S.C. 8013); or
(5) section 101 of the Housing and Urban Development
Act of 1965 (12 U.S.C. 1701s),
the Secretary of Housing and Urban Development may require
consent by an individual (or by a person legally authorized to
consent on behalf of such individual) for such Secretary to obtain,
use, and disclose information with respect to such individual in
accordance with section 453(j)(7) of the Social Security Act (42
U.S.C. 653(j)(7)).
SEC. 218. Notwithstanding any other provision of law, the
State of Hawaii may elect by July 31, 2004 to distribute funds
under section 106(d)(2) of the Housing and Community Development
Act of 1974, to units of general local government located in non-
entitlement areas of that State. If the State of Hawaii fails to
make such election, the Secretary shall for fiscal years 2005 and
thereafter make grants to the units of general local government
located in the State of Hawaii’s nonentitlement areas (Hawaii,
Kauai, and Maui counties). The Secretary of Housing and Urban
Development shall allocate funds under section 106(d) of such Act
to units of general local government located in nonentitlement
areas within the State of Hawaii in accordance with a formula
which bears the same ratio to the total amount available for the
nonentitlement areas of the State as the weighted average of the
ratios between: (1) the population of that eligible unit of general
local government and the population of all eligible units of general
local government in the nonentitlement areas of the State; (2)
the extent of poverty in that eligible unit of general local govern-
ment and the extent of poverty in all of the eligible units of
general local government in the nonentitlement areas of the State;
and (3) the extent of housing overcrowding in that eligible unit
of general local government and the extent of housing overcrowding
in all of the eligible units of general local government in the
nonentitlement areas of the State. In determining the weighted
average of the ratios described in the previous sentence, the ratio
described in clause (2) shall be counted twice and the ratios
described in clauses (1) and (3) shall be counted once. Notwith-
standing any other provision, grants made under this section shall
be subject to the program requirements of section 104 of the
Housing and Community Development Act of 1974 in the same
manner as such requirements are made applicable to grants made
under section 106(b) of the Housing and Community Development
Act of 1974.
SEC. 219. The Secretary of Housing and Urban Development
shall issue a proposed rulemaking, in accordance with title V,
United States Code, not later than 90 days from the date of enact-
ment of this Act that—
(1) addresses and expands, as necessary, the participation
and certification requirements for the sale of HUD-owned multi-
family housing projects and the foreclosure sale of any multi-
family housing securing a mortgage held by the Secretary,
including whether a potential purchaser is in substantial
compliance with applicable State or local government housing
statutes, regulations, ordinances and codes with regard to other
properties owned by the purchaser; and
(2) requires any state, city, or municipality that exercises
its right of first refusal for the purchase of a multifamily
H. R. 2673—396
housing project under section 203 of the Housing and Commu-
nity Development Amendments of 1978 (12 U.S.C. 1701z–11(i))
to ensure that potential purchasers of the project from the
state, city, or municipality are subject to the same standards
that they would otherwise be subject to if they had purchased
the project directly from the Secretary, including whether a
potential purchaser is in substantial compliance with applicable
State or local government housing statutes, regulations, ordi-
nances and codes with regard to other properties owned by
the purchaser.
SEC. 220. Section 217 of Public Law 107–73 is amended by
striking ‘‘the rehabilitation’’ and inserting ‘‘redevelopment, including
demolition and new construction’’.
SEC. 221. Notwithstanding any other provision of law, funds
appropriated for the housing for the elderly, as authorized by section
202 of the Housing Act of 1959, as amended, and for supportive
housing for persons with disabilities, as authorized by section 811
of the Cranston-Gonzalez National Affordable Housing Act, shall
be available for the cost of maintaining and disposing of such
properties that are acquired or otherwise become the responsibility
of the Department.
SEC. 222. The Secretary of Housing and Urban Development
shall conduct negotiated rulemaking with representatives from
interested parties for purposes of any changes to the formula gov-
erning the Public Housing Operating Fund. A final rule shall be
issued no later than July 1, 2004.
SEC. 223. The Department of Housing and Urban Development
shall submit the Department’s fiscal year 2005 congressional budget
justifications to the Committees on Appropriations of the House
of Representatives and the Senate using the identical structure
provided under this Act and only in accordance with the direction
included in the joint explanatory statement of the managers accom-
panying this Act.
TITLE III—INDEPENDENT AGENCIES
AMERICAN BATTLE MONUMENTS COMMISSION
SALARIES AND EXPENSES
For necessary expenses, not otherwise provided for, of the
American Battle Monuments Commission, including the acquisition
of land or interest in land in foreign countries; purchases and
repair of uniforms for caretakers of national cemeteries and monu-
ments outside of the United States and its territories and posses-
sions; rent of office and garage space in foreign countries; purchase
(one for replacement only) and hire of passenger motor vehicles;
and insurance of official motor vehicles in foreign countries, when
required by law of such countries, $41,300,000, to remain available
until expended.
CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD
SALARIES AND EXPENSES
For necessary expenses in carrying out activities pursuant to
section 112(r)(6) of the Clean Air Act, as amended, including hire
H. R. 2673—397
of passenger vehicles, uniforms or allowances therefore, as author-
ized by 5 U.S.C. 5901–5902, and for services authorized by 5 U.S.C.
3109 but at rates for individuals not to exceed the per diem equiva-
lent to the maximum rate payable for senior level positions under
5 U.S.C. 5376, $8,250,000: Provided, That the Chemical Safety
and Hazard Investigation Board (Board) shall have not more than
three career Senior Executive Service positions: Provided further,
That notwithstanding any other provision of law, the individual
appointed to the position of Inspector General of the Environmental
Protection Agency (EPA) shall, by virtue of such appointment, also
hold the position of Inspector General of the Board: Provided fur-
ther, That notwithstanding any other provision of law, the Inspector
General of the Board shall utilize personnel of the Office of Inspector
General of EPA in performing the duties of the Inspector General
of the Board, and shall not appoint any individuals to positions
within the Board.
EMERGENCY FUND
For necessary expenses of the Chemical Safety and Hazard
Investigation Board for accident investigations not otherwise pro-
vided for, $450,000, to remain available until expended.
DEPARTMENT OF THE TREASURY
COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS
COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS FUND PROGRAM
ACCOUNT
To carry out the Community Development Banking and Finan-
cial Institutions Act of 1994, including services authorized by 5
U.S.C. 3109, but at rates for individuals not to exceed the per
diem rate equivalent to the rate for ES–3, $61,000,000, to remain
available until September 30, 2005, of which $4,000,000 shall be
for financial assistance, technical assistance, training and outreach
programs designed to benefit Native American, Native Hawaiian,
and Alaskan Native communities and provided primarily through
qualified community development lender organizations with experi-
ence and expertise in community development banking and lending
in Indian country, Native American organizations, tribes and tribal
organizations and other suitable providers, and up to $12,000,000
may be used for administrative expenses, including administration
of the New Markets Tax Credit, up to $6,000,000 may be used
for the cost of direct loans, and up to $250,000 may be used
for administrative expenses to carry out the direct loan program:
Provided, That the cost of direct loans, including the cost of modi-
fying such loans, shall be as defined in section 502 of the Congres-
sional Budget Act of 1974, as amended: Provided further, That
these funds are available to subsidize gross obligations for the
principal amount of direct loans not to exceed $11,000,000.
CONSUMER PRODUCT SAFETY COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Consumer Product Safety
Commission, including hire of passenger motor vehicles, services
as authorized by 5 U.S.C. 3109, but at rates for individuals not
H. R. 2673—398
to exceed the per diem rate equivalent to the maximum rate payable
under 5 U.S.C. 5376, purchase of nominal awards to recognize
non-Federal officials’ contributions to Commission activities, and
not to exceed $500 for official reception and representation expenses,
$60,000,000.
CORPORATION FOR NATIONAL AND COMMUNITY SERVICE
NATIONAL AND COMMUNITY SERVICE PROGRAMS OPERATING EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses for the Corporation for National and
Community Service (the ‘‘Corporation’’) in carrying out programs,
activities, and initiatives under the National and Community
Service Act of 1990 (the ‘‘Act’’) (42 U.S.C. 12501 et seq.),
$553,225,000, to remain available until September 30, 2005: Pro-
vided, That not more than $314,000,000 of the amount provided
under this heading shall be available for grants under the National
Service Trust Program authorized under subtitle C of title I of
the Act (42 U.S.C. 12571 et seq.) (relating to activities of the
AmeriCorps program), including grants to organizations operating
projects under the AmeriCorps Education Awards Program (without
regard to the requirements of sections 121(d) and (e), section 131(e),
section 132, and sections 140(a), (d), and (e) of the Act): Provided
further, That not less than $130,000,000 of the amount provided
under this heading, to remain available without fiscal year limita-
tion, shall be transferred to the National Service Trust for edu-
cational awards authorized under subtitle D of title I of the Act
(42 U.S.C. 12601), of which up to $5,000,000 shall be available
to support national service scholarships for high school students
performing community service, and of which $10,000,000 shall be
held in reserve as defined in Public Law 108–45: Provided further,
That in addition to amounts otherwise provided to the National
Service Trust under the second proviso, the Corporation may
transfer funds from the amount provided under the first proviso,
to the National Service Trust authorized under subtitle D of title
I of the Act (42 U.S.C. 12601) upon determination that such transfer
is necessary to support the activities of national service participants
and after notice is transmitted to Congress: Provided further, That
of the amount provided under this heading for grants under the
National Service Trust program authorized under subtitle C of
title I of the Act, not more than $55,000,000 may be used to
administer, reimburse, or support any national service program
authorized under section 121(d)(2) of such Act (42 U.S.C.
12581(d)(2)): Provided further, That not more than $11,225,000
shall be available for quality and innovation activities authorized
under subtitle H of title I of the Act (42 U.S.C. 12853 et seq.),
of which $3,000,000 shall be available for challenge grants to non-
profit organizations: Provided further, That notwithstanding sub-
title H of title I of the Act (42 U.S.C. 12853), none of the funds
provided under the previous proviso shall be used to support salaries
and related expenses (including travel) attributable to Corporation
employees: Provided further, That to the maximum extent feasible,
funds appropriated under subtitle C of title I of the Act shall
be provided in a manner that is consistent with the recommenda-
tions of peer review panels in order to ensure that priority is
given 
to 
programs 
that 
demonstrate 
quality, 
innovation,
H. R. 2673—399
replicability, and sustainability: Provided further, That not less
than $25,000,000 of the funds made available under this heading
shall be available for the Civilian Community Corps authorized
under subtitle E of title I of the Act (42 U.S.C. 12611 et seq.):
Provided further, That not more than $43,000,000 shall be available
for school-based and community-based service-learning programs
authorized under subtitle B of title I of the Act (42 U.S.C. 12521
et seq.): Provided further, That not more than $3,000,000 shall
be available for audits and other evaluations authorized under
section 179 of the Act (42 U.S.C. 12639): Provided further, That
not more than $10,000,000 of the funds made available under
this heading shall be made available for the Points of Light Founda-
tion for activities authorized under title III of the Act (42 U.S.C.
12661 et seq.), of which not more than $2,500,000 may be used
to support an endowment fund, the corpus of which shall remain
intact and the interest income from which shall be used to support
activities described in title III of the Act, provided that the Founda-
tion may invest the corpus and income in federally insured bank
savings accounts or comparable interest bearing accounts, certifi-
cates of deposit, money market funds, mutual funds, obligations
of the United States, and other market instruments and securities
but not in real estate investments: Provided further, That no funds
shall be available for national service programs run by Federal
agencies authorized under section 121(b) of such Act (42 U.S.C.
12571(b)): Provided further, That not more than $5,000,000 of the
funds made available under this heading shall be made available
to America’s Promise—The Alliance for Youth, Inc.: Provided fur-
ther, That to the maximum extent practicable, the Corporation
shall increase significantly the level of matching funds and in-
kind contributions provided by the private sector, and shall reduce
the total Federal costs per participant in all programs.
SALARIES AND EXPENSES
For necessary expenses of administration as provided under
section 501(a)(4) of the National and Community Service Act of
1990 (42 U.S.C. 12501 et seq.) including payment of salaries, author-
ized travel, hire of passenger motor vehicles, the rental of conference
rooms in the District of Columbia, the employment of experts and
consultants authorized under 5 U.S.C. 3109, and not to exceed
$2,500 
for 
official 
reception 
and 
representation 
expenses,
$25,000,000.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, as amended,
$6,250,000, to remain available until September 30, 2005.
ADMINISTRATIVE PROVISIONS
Notwithstanding any other provision of law, the term ‘‘qualified
student loan’’ with respect to national service education awards
shall mean any loan determined by an institution of higher edu-
cation to be necessary to cover a student’s cost of attendance at
such institution and made, insured, or guaranteed directly to a
student by a State agency, in addition to other meanings under
section 148(b)(7) of the National and Community Service Act.
H. R. 2673—400
Notwithstanding any other provision of law, funds made avail-
able under section 129(d)(5)(B) of the National and Community
Service Act to assist entities in placing applicants who are individ-
uals with disabilities may be provided to any entity that receives
a grant under section 121 of the Act.
The Inspector General of the Corporation for National and
Community Service shall conduct random audits of the grantees
that administer activities under the AmeriCorps programs and
shall levy sanctions in accordance with standard Inspector General
audit resolution procedures which include, but are not limited to,
debarment of any grantee (or successor in interest or any entity
with substantially the same person or persons in control) that
has been determined to have committed any substantial violations
of the requirements of the AmeriCorps programs, including any
grantee that has been determined to have violated the prohibition
of using Federal funds to lobby the Congress: Provided, That the
Inspector General shall obtain reimbursements in the amount of
any misused funds from any grantee that has been determined
to have committed any substantial violations of the requirements
of the AmeriCorps programs.
For fiscal year 2004, the Corporation shall make any significant
changes to program requirements or policy only through public
notice and comment rulemaking. For fiscal year 2004, during any
grant selection process, no officer or employee of the Corporation
shall knowingly disclose any covered grant selection information
regarding such selection, directly or indirectly, to any person other
than an officer or employee of the Corporation that is authorized
by the Corporation to receive such information.
U.S. COURT OF APPEALS FOR VETERANS CLAIMS
SALARIES AND EXPENSES
For necessary expenses for the operation of the United States
Court of Appeals for Veterans Claims as authorized by 38 U.S.C.
7251–7298, $15,938,000 of which $1,175,000 shall be available for
the purpose of providing financial assistance as described, and
in accordance with the process and reporting procedures set forth,
under this heading in Public Law 102–229.
DEPARTMENT OF DEFENSE—CIVIL
CEMETERIAL EXPENSES, ARMY
SALARIES AND EXPENSES
For necessary expenses, as authorized by law, for maintenance,
operation, and improvement of Arlington National Cemetery and
Soldiers’ and Airmen’s Home National Cemetery, including the
purchase of one passenger motor vehicle for replacement only, and
not to exceed $1,000 for official reception and representation
expenses, $29,000,000, to remain available until expended.