H. R. 2673—388
information systems, $235,000,000, to remain available until Sep-
tember 30, 2005: Provided, That any amounts transferred to this
Fund under this Act shall remain available until expended.
OFFICE OF INSPECTOR GENERAL
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, as amended,
$101,000,000, of which $24,000,000 shall be provided from the
various funds of the Federal Housing Administration: Provided,
That the Inspector General shall have independent authority over
all personnel issues within this office: Provided further, That no
less than $300,000 shall be transferred to the Working Capital
Fund for the development of and modifications to information tech-
nology systems for the Office of Inspector General.
CONSOLIDATED FEE FUND
(RESCISSION)
All unobligated balances remaining available from fees and
charges under section 7(j) of the Department of Housing and Urban
Development Act on October 1, 2003 are rescinded.
OFFICE OF FEDERAL HOUSING ENTERPRISE OVERSIGHT
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For carrying out the Federal Housing Enterprises Financial
Safety and Soundness Act of 1992, including not to exceed $500
for official reception and representation expenses, $39,915,000, to
remain available until expended, to be derived from the Federal
Housing Enterprises Oversight Fund: Provided, That of the amount
made available under this heading, $4,500,000 is for 1-time costs
to conduct special investigations of the Federal housing enterprises
and $3,000,000 is for costs associated with strengthening the exam-
ination and legal functions: Provided further, That the Secretary
shall submit a spending plan for the amounts provided under this
heading no later than January 15, 2004: Provided further, That
not less than 60 percent of total amount made available under
this heading shall be used only for examination, supervision, and
capital oversight of the enterprises (as such term is defined in
section 1303 of the Federal Housing Enterprises Financial Safety
and Soundness Act of 1992 (12 U.S.C. 4502)) to ensure that the
enterprises are operating in a financially safe and sound manner
and complying with the capital requirements under subtitle B of
such Act: Provided further, That not to exceed the amount provided
herein shall be available from the general fund of the Treasury
to the extent necessary to incur obligations and make expenditures
pending the receipt of collections to the fund: Provided further,
That the general fund amount shall be reduced as collections are
received during the fiscal year so as to result in a final appropriation
from the general fund estimated at not more than $0.
H. R. 2673—389
ADMINISTRATIVE PROVISIONS
SEC. 201. Fifty percent of the amounts of budget authority,
or in lieu thereof 50 percent of the cash amounts associated with
such budget authority, that are recaptured from projects described
in section 1012(a) of the Stewart B. McKinney Homeless Assistance
Amendments Act of 1988 (42 U.S.C. 1437 note) shall be rescinded,
or in the case of cash, shall be remitted to the Treasury, and
such amounts of budget authority or cash recaptured and not
rescinded or remitted to the Treasury shall be used by State housing
finance agencies or local governments or local housing agencies
with projects approved by the Secretary of Housing and Urban
Development for which settlement occurred after January 1, 1992,
in accordance with such section. Notwithstanding the previous sen-
tence, the Secretary may award up to 15 percent of the budget
authority or cash recaptured and not rescinded or remitted to
the Treasury to provide project owners with incentives to refinance
their project at a lower interest rate.
SEC. 202. None of the amounts made available under this
Act may be used during fiscal year 2004 to investigate or prosecute
under the Fair Housing Act any otherwise lawful activity engaged
in by one or more persons, including the filing or maintaining
of a non-frivolous legal action, that is engaged in solely for the
purpose of achieving or preventing action by a Government official
or entity, or a court of competent jurisdiction.
SEC. 203. (a) Notwithstanding section 854(c)(1)(A) of the AIDS
Housing Opportunity Act (42 U.S.C. 12903(c)(1)(A)), from any
amounts made available under this title for fiscal year 2004 that
are allocated under such section, the Secretary of Housing and
Urban Development shall allocate and make a grant, in the amount
determined under subsection (b), for any State that—
(1) received an allocation in a prior fiscal year under clause
(ii) of such section; and
(2) is not otherwise eligible for an allocation for fiscal
year 2004 under such clause (ii) because the areas in the
State outside of the metropolitan statistical areas that qualify
under clause (i) in fiscal year 2004 do not have the number
of cases of acquired immunodeficiency syndrome (AIDS)
required under such clause.
(b) The amount of the allocation and grant for any State
described in subsection (a) shall be an amount based on the cumu-
lative number of AIDS cases in the areas of that State that are
outside of metropolitan statistical areas that qualify under clause
(i) of such section 854(c)(1)(A) in fiscal year 2004, in proportion
to AIDS cases among cities and States that qualify under clauses
(i) and (ii) of such section and States deemed eligible under sub-
section (a).
SEC. 204. (a) During fiscal year 2004, in the provision of rental
assistance under section 8(o) of the United States Housing Act
of 1937 (42 U.S.C. 1437f(o)) in connection with a program to dem-
onstrate the economy and effectiveness of providing such assistance
for use in assisted living facilities that is carried out in the counties
of the State of Michigan specified in subsection (b) of this section,
notwithstanding paragraphs (3) and (18)(B)(iii) of such section 8(o),
a family residing in an assisted living facility in any such county,
on behalf of which a public housing agency provides assistance
pursuant to section 8(o)(18) of such Act, may be required, at the
H. R. 2673—390
time the family initially receives such assistance, to pay rent in
an amount exceeding 40 percent of the monthly adjusted income
of the family by such a percentage or amount as the Secretary
of Housing and Urban Development determines to be appropriate.
(b) The counties specified in this subsection are Oakland
County, Macomb County, Wayne County, and Washtenaw County,
in the State of Michigan.
SEC. 205. Except as explicitly provided in law, any grant,
cooperative agreement or other assistance made pursuant to title
II of this Act shall be made on a competitive basis and in accordance
with section 102 of the Department of Housing and Urban Develop-
ment Reform Act of 1989.
SEC. 206. Funds of the Department of Housing and Urban
Development subject to the Government Corporation Control Act
or section 402 of the Housing Act of 1950 shall be available, without
regard to the limitations on administrative expenses, for legal serv-
ices on a contract or fee basis, and for utilizing and making payment
for services and facilities of the Federal National Mortgage Associa-
tion, Government National Mortgage Association, Federal Home
Loan Mortgage Corporation, Federal Financing Bank, Federal
Reserve banks or any member thereof, Federal Home Loan banks,
and any insured bank within the meaning of the Federal Deposit
Insurance Corporation Act, as amended (12 U.S.C. 1811–1831).
SEC. 207. Unless otherwise provided for in this Act or through
a reprogramming of funds, no part of any appropriation for the
Department of Housing and Urban Development shall be available
for any program, project or activity in excess of amounts set forth
in the budget estimates submitted to Congress.
SEC. 208. Corporations and agencies of the Department of
Housing and Urban Development which are subject to the Govern-
ment Corporation Control Act, as amended, are hereby authorized
to make such expenditures, within the limits of funds and borrowing
authority available to each such corporation or agency and in accord-
ance with law, and to make such contracts and commitments with-
out regard to fiscal year limitations as provided by section 104
of such Act as may be necessary in carrying out the programs
set forth in the budget for 2003 for such corporation or agency
except as hereinafter provided: Provided, That collections of these
corporations and agencies may be used for new loan or mortgage
purchase commitments only to the extent expressly provided for
in this Act (unless such loans are in support of other forms of
assistance provided for in this or prior appropriations Acts), except
that this proviso shall not apply to the mortgage insurance or
guaranty operations of these corporations, or where loans or mort-
gage purchases are necessary to protect the financial interest of
the United States Government.
SEC. 209. None of the funds provided in this title for technical
assistance, training, or management improvements may be obli-
gated or expended unless HUD provides to the Committees on
Appropriations a description of each proposed activity and a detailed
budget estimate of the costs associated with each program, project
or activity as part of the Budget Justifications. For fiscal year
2004, HUD shall transmit this information to the Committees by
January 15, 2004, for 30 days of review.
SEC. 210. A public housing agency or such other entity that
administers Federal housing assistance in the States of Alaska,
Iowa, and Mississippi, shall not be required to include a resident
H. R. 2673—391
of public housing or a recipient of assistance provided under section
8 of the United States Housing Act of 1937 on the board of directors
or a similar governing board of such agency or entity as required
under section (2)(b) of such Act. Each public housing agency or
other entity that administers Federal housing assistance under
section 8 in the States of Alaska, Iowa, and Mississippi, shall
establish an advisory board of not less than 6 residents of public
housing or recipients of section 8 assistance to provide advice and
comment to the public housing agency or other administering entity
on issues related to public housing and section 8. Such advisory
board shall meet not less than quarterly.
SEC. 211. The Secretary of Housing and Urban Development
shall provide quarterly reports to the House and Senate Committees
on Appropriations regarding all uncommitted, unobligated, recap-
tured and excess funds in each program and activity within the
jurisdiction of the Department and shall submit additional, updated
budget information to these Committees upon request.
SEC. 212. Notwithstanding any other provision of law, in fiscal
year 2004, in managing and disposing of any multifamily property
that is owned or held by the Secretary and is occupied primarily
by elderly or disabled families, the Secretary of Housing and Urban
Development shall maintain any rental assistance payments under
section 8 of the United States Housing Act of 1937 that are attached
to any dwelling units in the property. To the extent the Secretary
determines that such a multifamily property owned or held by
the Secretary is not feasible for continued rental assistance pay-
ments under such section 8, the Secretary may, in consultation
with the tenants of that property, contract for project-based rental
assistance payments with an owner or owners of other existing
housing properties or provide other rental assistance.
SEC. 213. The Secretary of Housing and Urban Development
shall submit an annual report no later than August 30, 2004,
and annually thereafter to the House and Senate Committees on
Appropriations regarding the number of Federally assisted units
under lease and the per unit cost of these units to the Department
of Housing and Urban Development.
SEC. 214. (a) Notwithstanding any other provision of law, the
amount allocated for fiscal year 2004 under section 854(c) of the
AIDS Housing Opportunity Act (42 U.S.C. 12903(c)), to the City
of Wilmington, Delaware, on behalf of the Wilmington, Delaware-
Maryland-New Jersey Metropolitan Division (hereafter ‘‘metropoli-
tan division’’) of the Philadelphia-Camden-Wilmington, PA-NJ-DE-
MD Metropolitan Statistical Area, shall be adjusted by the Secretary
of Housing and Urban Development by allocating to the State
of New Jersey the proportion of the metropolitan area’s or division’s
amount that is based on the number of cases of AIDS reported
in the portion of the metropolitan area or division that is located
in New Jersey. The State of New Jersey shall use amounts allocated
to the State under this subsection to carry out eligible activities
under section 855 of the AIDS Housing Opportunity Act (42 U.S.C.
12904) in the portion of the metropolitan division that is located
in New Jersey.
(b) Notwithstanding any other provision of law, the Secretary
of Housing and Urban Development shall allocate to Wake County,
North Carolina, the amounts that otherwise would be allocated
for fiscal year 2004 under section 854(c) of the AIDS Housing
Opportunity Act (42 U.S.C. 12903(c)) to the City of Raleigh, North