S.1584 - Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 2004 108th Congress (2003-2004)
Bill
Hide Overview| Sponsor: | Sen. Bond, Christopher S. [R-MO] (Introduced 09/05/2003) |
|---|---|
| Committees: | Senate - Appropriations |
| Committee Reports: | S. Rept. 108-143 |
| Latest Action: | Senate - 09/05/2003 Placed on Senate Legislative Calendar under General Orders. Calendar No. 273. (All Actions) |
| Notes: | H.R. 2673, the Consolidated Appropriations bill, contains FY2004 appropriations for Agriculture, Commerce-Justice-State, District of Columbia, Foreign Operations, Labor-HHS-Education, Transportation-Treasury, and VA-HUD. See H.R. 2673 for further action. |
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Placed on Calendar Senate (09/05/2003)
[Congressional Bills 108th Congress]
[From the U.S. Government Printing Office]
[S. 1584 Placed on Calendar Senate (PCS)]
Calendar No. 273
108th CONGRESS
1st Session
S. 1584
[Report No. 108-143]
Making appropriations for the Departments of Veterans Affairs and
Housing and Urban Development, and for sundry independent agencies,
boards, commissions, corporations, and offices for the fiscal year
ending September 30, 2004, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 5, 2003
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, 2004, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the Departments of Veteran
Affairs and Housing and Urban Development, and for sundry independent
agencies, boards, commissions, corporations, and offices for the fiscal
year ending September 30, 2004, and for other purposes, namely:
TITLE I--DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
compensation and pensions
(including transfer of funds)
For the payment of compensation benefits to or on behalf of
veterans and a pilot program for disability examinations as authorized
by law (38 U.S.C. 107, chapters 11, 13, 18, 51, 53, 55, and 61);
pension benefits to or on behalf of veterans as authorized by law (38
U.S.C. chapters 15, 51, 53, 55, and 61; 92 Stat. 2508); and burial
benefits, emergency and other officers' retirement pay, adjusted-
service credits and certificates, payment of premiums due on commercial
life insurance policies guaranteed under the provisions of article IV
of the Soldiers' and Sailors' Civil Relief Act of 1940 (50 U.S.C. App.
540 et seq.) and for other benefits as authorized by law (38 U.S.C.
107, 1312, 1977, and 2106, chapters 23, 51, 53, 55, and 61; 50 U.S.C.
App. 540-548; 43 Stat. 122, 123; 45 Stat. 735; 76 Stat. 1198),
$29,845,127,000, to remain available until expended: Provided, That not
to exceed $17,056,000 of the amount appropriated under this heading
shall be reimbursed to ``General operating expenses'' and ``Medical
care'' for necessary expenses in implementing those provisions
authorized in the Omnibus Budget Reconciliation Act of 1990, and in the
Veterans' Benefits Act of 1992 (38 U.S.C. chapters 51, 53, and 55), the
funding source for which is specifically provided as the ``Compensation
and pensions'' appropriation: Provided further, That such sums as may
be earned on an actual qualifying patient basis, shall be reimbursed to
``Medical facilities revolving fund'' to augment the funding of
individual medical facilities for nursing home care provided to
pensioners as authorized.
readjustment benefits
For the payment of readjustment and rehabilitation benefits to or
on behalf of veterans as authorized by law (38 U.S.C. chapters 21, 30,
31, 34, 35, 36, 39, 51, 53, 55, and 61), $2,529,734,000, to remain
available until expended: Provided, That expenses for rehabilitation
program services and assistance which the Secretary is authorized to
provide under section 3104(a) of title 38, United States Code, other
than under subsection (a)(1), (2), (5), and (11) of that section, shall
be charged to this account.
veterans insurance and indemnities
For military and naval insurance, national service life insurance,
servicemen's indemnities, service-disabled veterans insurance, and
veterans mortgage life insurance as authorized by 38 U.S.C. chapter 19;
70 Stat. 887; 72 Stat. 487, $29,017,000, to remain available until
expended.
veterans housing benefit program fund program account
(including transfer of funds)
For the cost of direct and guaranteed loans, such sums as may be
necessary to carry out the program, as authorized by 38 U.S.C. chapter
37, as amended: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided further, That
during fiscal year 2004, within the resources available, not to exceed
$300,000 in gross obligations for direct loans are authorized for
specially adapted housing loans.
In addition, for administrative expenses to carry out the direct
and guaranteed loan programs, $154,850,000, which may be transferred to
and merged with the appropriation for ``General operating expenses''.
education loan fund program account
(including transfer of funds)
For the cost of direct loans, $1,000, as authorized by 38 U.S.C.
3698, as amended: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional 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 $3,400.
In addition, for administrative expenses necessary to carry out the
direct loan program, $70,000, which may be transferred to and merged
with the appropriation for ``General operating expenses''.
vocational rehabilitation loans program account
(including transfer of funds)
For the cost of direct loans, $52,000, as authorized by 38 U.S.C.
chapter 31, as amended: Provided, That such costs, including the cost
of modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided further, That
funds made available under this heading are available to subsidize
gross obligations for the principal amount of direct loans not to
exceed $3,938,000: Provided further, That the loan level shall be
considered an estimate and not a limitation.
In addition, for administrative expenses necessary to carry out the
direct loan program, $300,000, which may be transferred to and merged
with the appropriation for ``General operating expenses''.
native american veteran housing loan program account
(including transfer of funds)
For administrative expenses to carry out the direct loan program
authorized by 38 U.S.C. chapter 37, subchapter V, as amended, $571,000,
which may be transferred to and merged with the appropriation for
``General operating expenses''.
guaranteed transitional housing loans for homeless veterans program
account
For the administrative expenses to carry out the guaranteed
transitional housing loan program authorized by 38 U.S.C. chapter 37,
subchapter VI, not to exceed $750,000 of the amounts appropriated by
this Act for ``General operating expenses'' and ``Medical care'' may be
expended.
Veterans Health Administration
medical care
(including transfer of funds)
For necessary expenses for the maintenance and operation of
hospitals, nursing homes, and domiciliary facilities; for furnishing,
as authorized by law, inpatient and outpatient care and treatment to
beneficiaries of the Department of Veterans Affairs, including care and
treatment in facilities not under the jurisdiction of the department;
and furnishing recreational facilities, supplies, and equipment;
funeral, burial, and other expenses incidental thereto for
beneficiaries receiving care in the department; administrative expenses
in support of planning, design, project management, real property
acquisition and disposition, construction and renovation of any
facility under the jurisdiction or for the use of the department;
oversight, engineering and architectural activities not charged to
project cost; repairing, altering, improving or providing facilities in
the several hospitals and homes under the jurisdiction of the
department, not otherwise provided for, either by contract or by the
hire of temporary employees and purchase of materials; uniforms or
allowances therefor, as authorized by 5 U.S.C. 5901-5902; aid to State
homes as authorized by 38 U.S.C. 1741; administrative and legal
expenses of the department for collecting and recovering amounts owed
the department as authorized under 38 U.S.C. chapter 17, and the
Federal Medical Care Recovery Act, 42 U.S.C. 2651 et seq.,
$25,488,080,000, plus reimbursements: Provided, That, notwithstanding
any other provision of law, the Secretary of Veterans Affairs shall
establish a priority for treatment for veterans who are service-
connected disabled, lower income, or have special needs: Provided
further, That, notwithstanding any other provision of law, the
Secretary of Veterans Affairs shall give priority funding for the
provision of basic medical benefits to veterans in enrollment priority
groups 1 through 6: Provided further, That of the funds made available
under this heading, $1,100,000,000 is for equipment and land and
structures object classifications only, which amount shall not become
available for obligation until August 1, 2004, and shall remain
available until September 30, 2005: Provided further, That of the funds
made available under this heading, not to exceed $1,100,000,000 shall
be available until September 30, 2005: Provided further, That of the
funds made available under this heading, the Secretary may transfer up
to $400,000,000 to ``Construction, major projects'' for purposes of
implementing CARES subject to a determination by the Secretary that
such funds will improve access and quality of veteran's health care
needs: Provided further, That, notwithstanding any other provision of
law, the Secretary of Veterans Affairs may provide prescription drugs
to enrolled veterans with privately written prescriptions based on
requirements established by the Secretary: Provided further, That the
Secretary of Veterans Affairs shall conduct by contract a program of
recovery audits for the fee basis and other medical services contracts
with respect to payments for hospital care; and, notwithstanding 31
U.S.C. 3302(b), amounts collected, by setoff or otherwise, as the
result of such audits shall be available, without fiscal year
limitation, for the purposes for which funds are appropriated under
this heading and the purposes of paying a contractor a percent of the
amount collected as a result of an audit carried out by the contractor:
Provided further, That all amounts so collected under the preceding
proviso with respect to a designated health care region (as that term
is defined in 38 U.S.C. 1729A(d)(2)) shall be allocated, net of
payments to the contractor, to that region: Provided further, That such
sums as may be deposited to the Medical Care Collections Fund pursuant
to 38 U.S.C. 1729A may be transferred to this account, to remain
available until expended for the purposes of this account: Provided
further, That Medical Care Collections Funds may be used for
construction, alteration and improvement of any parking facility set
forth in 38 U.S.C. 8109: Provided further, That of the unobligated
balances remaining from prior year recoveries under this heading,
$270,000,000 is rescinded.
For an additional amount for ``Medical care'', $1,300,000,000:
Provided, That the entire amount is designated by the Congress as an
emergency requirement pursuant to section 502 of H. Con. Res. 95, the
concurrent resolution on the budget for fiscal year 2004: Provided
further, That the entire amount shall be available only to the extent
that an official budget request for a specific dollar amount, that
includes designation of the entire amount of the request as an
emergency requirement as defined in H. Con. Res. 95, the concurrent
resolution on the budget for fiscal year 2004, is transmitted by the
President to the Congress.
medical and prosthetic research
For necessary expenses in carrying out programs of medical and
prosthetic research and development as authorized by 38 U.S.C. chapter
73, to remain available until September 30, 2005, $413,000,000 plus
reimbursements.
medical administration and miscellaneous operating expenses
For necessary expenses in the administration of the medical,
hospital, nursing home, domiciliary, construction, supply, and research
activities, as authorized by law; administrative expenses in support of
capital policy activities, $79,146,000: Provided further, That of the
funds made available under this heading, not to exceed, $4,000,000
shall be available until September 30, 2005, plus reimbursements:
Provided further, That technical and consulting services offered by the
Facilities Management Field Support Service, including project
management and real property administration (including leases, site
acquisition and disposal activities directly supporting projects),
shall be provided to Department of Veterans Affairs components only on
a reimbursable basis, and such amounts will remain available until
September 30, 2004.
Departmental Administration
general operating expenses
For necessary operating expenses of the Department of Veterans
Affairs, not otherwise provided for, including administrative expenses
in support of department-wide capital planning, management and policy
activities, uniforms or allowances therefor; not to exceed $25,000 for
official reception and representation expenses; hire of passenger motor
vehicles; and reimbursement of the General Services Administration for
security guard services, and the Department of Defense for the cost of
overseas employee mail, $1,283,272,000: Provided, That expenses for
services and assistance authorized under 38 U.S.C. 3104(a)(1), (2),
(5), and (11) that the Secretary determines are necessary to enable
entitled veterans: (1) to the maximum extent feasible, to become
employable and to obtain and maintain suitable employment; or (2) to
achieve maximum independence in daily living, shall be charged to this
account: Provided further, That the Veterans Benefits Administration
shall be funded at not less than $1,004,704,000: Provided further, That
of the funds made available under this heading, not to exceed
$64,000,000 shall be available for obligation until September 30, 2005:
Provided further, That from the funds made available under this
heading, the Veterans Benefits Administration may purchase up to two
passenger motor vehicles for use in operations of that Administration
in Manila, Philippines.
national cemetery administration
For necessary expenses of the National Cemetery Administration for
operations and maintenance, not otherwise provided for, including
uniforms or allowances therefor; cemeterial expenses as authorized by
law; purchase of one passenger motor vehicle for use in cemeterial
operations; and hire of passenger motor vehicles, $144,203,000:
Provided, That of the funds made available under this heading, not to
exceed $7,200,000 shall be available until September 30, 2005.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $62,250,000, to remain available until September 30, 2005.
construction, major projects
For constructing, altering, extending and improving any of the
facilities under the jurisdiction or for the use of the Department of
Veterans Affairs, or for any of the purposes set forth in sections 316,
2404, 2406, 8102, 8103, 8106, 8108, 8109, 8110, and 8122 of title 38,
United States Code, including planning, architectural and engineering
services, maintenance or guarantee period services costs associated
with equipment guarantees provided under the project, services of
claims analysts, offsite utility and storm drainage system construction
costs, and site acquisition, where the estimated cost of a project is
more than the amount set forth in 38 U.S.C. 8104(a)(3)(A) or where
funds for a project were made available in a previous major project
appropriation, $272,690,000, to remain available until expended, of
which $183,000,000 shall be for Capital Asset Realignment for Enhanced
Services (CARES) activities; and of which $10,000,000 shall be to make
reimbursements as provided in 41 U.S.C. 612 for claims paid for
contract disputes: Provided, That except for advance planning
activities, including needs assessments which may or may not lead to
capital investments, and other capital asset management related
activities, such as portfolio development and management activities,
and investment strategy studies funded through the advance planning
fund and the planning and design activities funded through the design
fund and CARES funds, including needs assessments which may or may not
lead to capital investments, none of the funds appropriated under this
heading shall be used for any project which has not been approved by
the Congress in the budgetary process: Provided further, That funds
provided in this appropriation for fiscal year 2004, for each approved
project (except those for CARES activities referenced above) shall be
obligated: (1) by the awarding of a construction documents contract by
September 30, 2004; and (2) by the awarding of a construction contract
by September 30, 2005: Provided further, That the Secretary of Veterans
Affairs shall promptly report in writing to the Committees on
Appropriations any approved major construction project in which
obligations are not incurred within the time limitations established
above: Provided further, That no funds from any other account except
the ``Parking revolving fund'', may be obligated for constructing,
altering, extending, or improving a project which was approved in the
budget process and funded in this account until 1 year after
substantial completion and beneficial occupancy by the Department of
Veterans Affairs of the project or any part thereof with respect to
that part only.
construction, minor projects
For constructing, altering, extending, and improving any of the
facilities under the jurisdiction or for the use of the Department of
Veterans Affairs, including planning and assessments of needs which may
lead to capital investments, architectural and engineering services,
maintenance or guarantee period services costs associated with
equipment guarantees provided under the project, services of claims
analysts, offsite utility and storm drainage system construction costs,
and site acquisition, or for any of the purposes set forth in sections
316, 2404, 2406, 8102, 8103, 8106, 8108, 8109, 8110, 8122, and 8162 of
title 38, United States Code, where the estimated cost of a project is
equal to or less than the amount set forth in 38 U.S.C. 8104(a)(3)(A),
$252,144,000, to remain available until expended, along with
unobligated balances of previous ``Construction, minor projects''
appropriations which are hereby made available for any project where
the estimated cost is equal to or less than the amount set forth in 38
U.S.C. 8104(a)(3)(A), of which $42,000,000 shall be for Capital Asset
Realignment for Enhanced Services (CARES) activities: Provided, That
from amounts appropriated under this heading, additional amounts may be
used for CARES activities upon notification of and approval by the
Committees on Appropriations: Provided further, That funds in this
account shall be available for: (1) repairs to any of the nonmedical
facilities under the jurisdiction or for the use of the department
which are necessary because of loss or damage caused by any natural
disaster or catastrophe; and (2) temporary measures necessary to
prevent or to minimize further loss by such causes.
grants for construction of state extended care facilities
For grants to assist States to acquire or construct State nursing
home and domiciliary facilities and to remodel, modify or alter
existing hospital, nursing home and domiciliary facilities in State
homes, for furnishing care to veterans as authorized by 38 U.S.C. 8131-
8137, $102,100,000, to remain available until expended.
grants for the construction of state veterans cemeteries
For grants to aid States in establishing, expanding, or improving
State veterans cemeteries as authorized by 38 U.S.C. 2408, $32,000,000,
to remain available until expended.
administrative provisions
(including transfer of funds)
Sec. 101. Any appropriation for fiscal year 2004 for ``Compensation
and pensions'', ``Readjustment benefits'', and ``Veterans insurance and
indemnities'' may be transferred to any other of the mentioned
appropriations.
Sec. 102. Appropriations available to the Department of Veterans
Affairs for fiscal year 2004 for salaries and expenses shall be
available for services authorized by 5 U.S.C. 3109.
Sec. 103. No appropriations in this Act for the Department of
Veterans Affairs (except the appropriations for ``Construction, major
projects'', ``Construction, minor projects'', and the ``Parking
revolving fund'') shall be available for the purchase of any site for
or toward the construction of any new hospital or home.
Sec. 104. No appropriations in this Act for the Department of
Veterans Affairs shall be available for hospitalization or examination
of any persons (except beneficiaries entitled under the laws bestowing
such benefits to veterans, and persons receiving such treatment under 5
U.S.C. 7901-7904 or 42 U.S.C. 5141-5204), unless reimbursement of cost
is made to the ``Medical care'' account at such rates as may be fixed
by the Secretary of Veterans Affairs.
Sec. 105. Appropriations available to the Department of Veterans
Affairs for fiscal year 2004 for ``Compensation and pensions'',
``Readjustment benefits'', and ``Veterans insurance and indemnities''
shall be available for payment of prior year accrued obligations
required to be recorded by law against the corresponding prior year
accounts within the last quarter of fiscal year 2003.
Sec. 106. Appropriations accounts available to the Department of
Veterans Affairs for fiscal year 2004 shall be available to pay prior
year obligations of corresponding prior year appropriations accounts
resulting from title X of the Competitive Equality Banking Act, Public
Law 100-86, except that if such obligations are from trust fund
accounts they shall be payable from ``Compensation and pensions''.
Sec. 107. Notwithstanding any other provision of law, during fiscal
year 2004, the Secretary of Veterans Affairs shall, from the National
Service Life Insurance Fund (38 U.S.C. 1920), the Veterans' Special
Life Insurance Fund (38 U.S.C. 1923), and the United States Government
Life Insurance Fund (38 U.S.C. 1955), reimburse the ``General operating
expenses'' account for the cost of administration of the insurance
programs financed through those accounts: Provided, That reimbursement
shall be made only from the surplus earnings accumulated in an
insurance program in fiscal year 2004 that are available for dividends
in that program after claims have been paid and actuarially determined
reserves have been set aside: Provided further, That if the cost of
administration of an insurance program exceeds the amount of surplus
earnings accumulated in that program, reimbursement shall be made only
to the extent of such surplus earnings: Provided further, That the
Secretary shall determine the cost of administration for fiscal year
2004 which is properly allocable to the provision of each insurance
program and to the provision of any total disability income insurance
included in such insurance program.
Sec. 108. Notwithstanding any other provision of law, the
Department of Veterans Affairs shall continue the Franchise Fund pilot
program authorized to be established by section 403 of Public Law 103-
356 until October 1, 2004: Provided, That the Franchise Fund,
established by title I of Public Law 104-204 to finance the operations
of the Franchise Fund pilot program, shall continue until October 1,
2004.
Sec. 109. Amounts deducted from enhanced-use lease proceeds to
reimburse an account for expenses incurred by that account during a
prior fiscal year for providing enhanced-use lease services, may be
obligated during the fiscal year in which the proceeds are received.
Sec. 110. Funds available in any Department of Veterans Affairs
appropriation for fiscal year 2004 or funds for salaries and other
administrative expenses shall also be available to reimburse the Office
of Resolution Management and the Office of Employment Discrimination
Complaint Adjudication for all services provided at rates which will
recover actual costs but not exceed $29,318,000 for the Office of
Resolution Management and $3,059,000 for the Office of Employment and
Discrimination Complaint Adjudication: Provided, That payments may be
made in advance for services to be furnished based on estimated costs:
Provided further, That amounts received shall be credited to ``General
operating expenses'' for use by the office that provided the service.
Sec. 111. No appropriations in this Act for the Department of
Veterans Affairs shall be available to enter into any new lease of real
property if the estimated annual rental is more than $300,000 unless
the Secretary submits a report which the Committees on Appropriations
of the Congress approve within 30 days following the date on which the
report is received.
Sec. 112. No appropriations in this Act for the Department of
Veterans Affairs shall be available for hospitalization or treatment of
any person by reason of eligibility under section 1710(a)(3) of title
38, United States Code, unless that person has disclosed to the
Secretary of Veterans Affairs, in such form as the Secretary may
require--
(1) current, accurate third-party reimbursement information
for purposes of section 1729 of such title; and
(2) annual income information for purposes of section 1722
of such title.
Sec. 113. None of the funds in this Act may be used to implement
sections 2 and 5 of Public Law 107-287.
Sec. 114. Receipts that would otherwise be credited to the Veterans
Extended Care Revolving Fund, the Medical Facilities Revolving Fund,
the Special Therapeutic and Rehabilitation Fund, the Nursing Home
Revolving Fund, the Veterans Health Services Improvement Fund, and the
Parking Revolving Fund shall be deposited into the Medical Care
Collections Fund, and shall be transferred to the Medical Care account,
to remain available until expended, to carry out the purposes of the
Medical Care account.
Sec. 115. Notwithstanding any other provision of law, at the
discretion of the Secretary of Veterans Affairs, proceeds or revenues
derived from enhanced-use leasing activities (including disposal) that
are deposited into the Medical Care Collections Fund may be transferred
and merged with major construction and minor construction accounts and
be used for construction (including site acquisition and disposition),
alterations and improvements of any medical facility under the
jurisdiction or for the use of the Department of Veterans Affairs. Such
sums as realized are in addition to the amount provided for in the
Major and Minor Construction appropriations.
TITLE II--DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Public and Indian Housing
housing certificate fund
(including transfer and rescission of funds)
For activities and assistance under the United States Housing Act
of 1937, as amended (42 U.S.C. 1437 et seq.) (``the Act'' herein), not
otherwise provided for, $18,433,606,000, and amounts that are
recaptured in this account, to remain available until expended:
Provided, That of the amounts made available under this heading,
$14,233,606,379 and the aforementioned recaptures shall be available on
October 1, 2003 and $4,200,000,000 shall be available on October 1,
2004: Provided further, That amounts made available under this heading
are provided as follows:
(1) $16,202,616,000 for expiring or terminating section 8
project-based subsidy contracts (including section 8 moderate
rehabilitation contracts), for amendments to section 8 project-
based subsidy contracts, for contracts entered into pursuant to
section 441 of the McKinney-Vento Homeless Assistance Act, for
the 1-year renewal of section 8 contracts for units in projects
that are subject to approved plans of action under the
Emergency Low Income Housing Preservation Act of 1987 or the
Low-Income Housing Preservation and Resident Homeownership Act
of 1990, and for renewals of expiring section 8 tenant-based
annual contributions contracts (including amendments and
renewals of enhanced vouchers under any provision of law
authorizing such assistance under section 8(t) of the Act (42
U.S.C. 1437f(t))): Provided, That notwithstanding any other
provision of law, the Secretary shall renew expiring section 8
tenant-based annual contributions contracts for each public
housing agency (including for agencies participating in the
Moving to Work demonstration, unit months representing section
8 tenant-based assistance funds committed by the public housing
agency for specific purposes, other than reserves, that are
authorized pursuant to any agreement and conditions entered
into under such demonstration, and utilized in compliance with
any applicable program obligation deadlines) based on the total
number of unit months which were under lease as reported on the
most recent end-of-year financial statement submitted by the
public housing agency to the Department, adjusted by such
additional information submitted by the public housing agency
to the Secretary which the Secretary determines to be timely
and reliable regarding the total number of unit months under
lease at the time of renewal of the annual contributions
contract, and by applying an inflation factor based on local or
regional factors to the actual per unit cost as reported:
Provided further, That funds may be made available in this
paragraph to support a total number of unit months under lease
that exceeds a public housing agency's authorized level of
units under lease to the extent that the use of these funds is
part of a strategy for a public housing agency to attain its
authorized level of units under contract: Provided further,
That when a public housing agency is over its authorized
contract level, that public housing agency may not issue
another voucher (including turnover vouchers) until that public
housing agency is at or below its authorized contract level for
vouchers.
(2) $461,329,000 for a central fund to be allocated by the
Secretary for the support of section 8 subsidy contracts or
amendments to such contracts, and for such other purposes as
are set forth in this paragraph: Provided, That subject to the
following proviso, the Secretary shall use amounts in such
fund, as necessary, for contract amendments to maintain the
total number of unit months under lease (up to the authorized
level) including turnover and reissuance of authorized
vouchers, and for contract amendments resulting from a
significant increase in per-unit costs, or otherwise provide
funds so that public housing agencies may lease units up to
their authorized unit level: Provided further, That the
Secretary may use up to $36,000,000 in such funds for
incremental vouchers under section 8 of the Act to be used for
non-elderly disabled families affected by the designation of a
public housing development under section 7 of the Act, the
establishment of preferences in accordance with section 651 of
the Housing and Community Development Act of 1992 (42 U.S.C.
13611), or the restriction of occupancy to elderly families in
accordance with section 658 of such Act (42 U.S.C. 13618):
Provided further, That the Secretary may only allocate the
incremental vouchers under the previous proviso upon a
determination that there are adequate funds under this heading
to fund all voucher needs in this fiscal year: Provided
further, That if a public housing agency, at any point in time
during their fiscal year, has obligated the amounts made
available to such agency pursuant to paragraph (1) under this
heading for the renewal of expiring section 8 tenant-based
annual contributions contracts, and if such agency has expended
50 percent of the amounts available to such agency in its
annual contributions contract reserve account, the Secretary
shall make available such amounts as are necessary from amounts
available from such central fund to fund amendments under the
preceding proviso within 30 days of a request from such agency:
Provided further, That none of the funds made available in this
paragraph may be used to support a total number of unit months
under lease which exceeds a public housing agency's authorized
level of units under contract: Provided further, That the
Secretary shall provide quarterly reports to the Committees on
Appropriations of the House and the Senate on the obligation of
funds provided in this paragraph;
(3) $252,203,000 for section 8 rental assistance for
relocation and replacement of housing units that are demolished
or disposed of pursuant to the Omnibus Consolidated Rescissions
and Appropriations Act of 1996 (Public Law 104-134), conversion
of section 23 projects to assistance under section 8, the
family unification program under section 8(x) of the Act,
relocation of witnesses in connection with efforts to combat
crime in public and assisted housing pursuant to a request from
a law enforcement or prosecution agency, enhanced vouchers
under any provision of law authorizing such assistance under
section 8(t) of the Act (42 U.S.C.1437f(t)), and tenant
protection assistance, including replacement and relocation
assistance;
(4) $72,000,000 for family self-sufficiency coordinators
under section 23 of the Act;
(5) not to exceed $1,339,448,400 for administrative and
other expenses of public housing agencies in administering the
section 8 tenant-based rental assistance program: Provided,
That the fee otherwise authorized under section 8(q) of the Act
shall be determined in accordance with section 8(q), as in
effect immediately before the enactment of the Quality Housing
and Work Responsibility Act of 1998;
(6) $100,000,000 for contract administrators for section 8
project-based assistance;
(7) not less than $3,010,000 shall be transferred to the
Working Capital Fund for the development of and modifications
to information technology systems which serve activities under
``Public and Indian Housing''; and
(8) up to $3,000,000 for an outside audit by a major
accounting firm to assess the current status of all funds
within this account, including the amounts of obligated and
unobligated funds for all programs funded under this heading
for fiscal year 2004 as well as the availability of funds
currently appropriated under this heading for fiscal years 2005
and thereafter.
The Secretary may transfer up to 15 percent of funds provided under
paragraphs (1), (2), (3) or (5), herein to paragraphs (1), (2), (3) or
(5), if the Secretary determines that such action is necessary because
the funding provided under one such paragraph otherwise would be
depleted and as a result, the maximum utilization of section 8 tenant-
based assistance with the funds appropriated for this purpose by this
Act would not be feasible: Provided, That prior to undertaking the
transfer of funds in excess of 10 percent from any paragraph pursuant
to the previous proviso, the Secretary shall notify the Chairman and
Ranking Member of the Subcommittees on Veterans Affairs and Housing and
Urban Development, and Independent Agencies of the Committees on
Appropriations of the House of Representatives and the Senate and shall
not transfer any such funds until 30 days after such notification:
Provided further, That, hereafter, the Secretary shall require public
housing agencies to submit accounting data for funds disbursed under
this heading in this Act and prior Acts by source and purpose of such
funds: Provided further, That incremental vouchers previously made
available under this heading for non-elderly disabled families shall,
to the extent practicable, continue to be provided to non-elderly
disabled families upon turnover: Provided further, That $1,372,000,000
is rescinded from unobligated balances remaining from funds
appropriated to the Department of Housing and Urban Development under
this heading or the heading ``Annual contributions for assisted
housing'' or any other heading for fiscal year 2003 and prior years, to
be effected by the Secretary no later than September 30, 2004: Provided
further, That any such balances governed by reallocation provisions
under the statute authorizing the program for which the funds were
originally appropriated shall be available for the rescission: Provided
further, That any obligated balances of contract authority from fiscal
year 1974 and prior that have been terminated shall be cancelled.
public housing capital fund
(including transfer of funds)
For the Public Housing Capital Fund Program to carry out capital
and management activities for public housing agencies, as authorized
under section 9 of the United States Housing Act of 1937, as amended
(42 U.S.C. 1437g), $2,641,000,000 (the ``Act''), to remain available
until September 30, 2007: Provided, That of the total amount provided
under this heading, in addition to amounts otherwise allocated under
this heading, $400,000,000 shall be allocated for such capital and
management activities only among public housing agencies that have
obligated all assistance for the agency for fiscal years 2001 and 2002
made available under this same heading in accordance with the
requirements under paragraphs (1) and (2) of section 9(j) of such Act:
Provided further, That notwithstanding any other provision of law or
regulation, during fiscal year 2004, the Secretary may not delegate to
any Department official other than the Deputy Secretary any authority
under paragraph (2) of such section 9(j) regarding the extension of the
time periods under such section for obligation of amounts made
available for fiscal years 1998, 1999, 2000, 2001, 2002, 2003, or 2004:
Provided further, That with respect to any amounts made available under
the Public Housing Capital Fund for fiscal years 1999, 2000, 2001,
2002, 2003, or 2004 that remain unobligated in violation of paragraph
(1) of such section 9(j) or unexpended in violation of paragraph (5)(A)
of such section 9(j), the Secretary shall recapture any such amounts
and reallocate such amounts among public housing agencies determined
under 6(j) of the Act to be high-performing: Provided further, That for
purposes of this heading, the term ``obligate'' means, with respect to
amounts, that the amounts are subject to a binding agreement that will
result in outlays immediately or in the future: Provided further, That
of the total amount provided under this heading, up to $50,000,000
shall be for carrying out activities under section 9(h) of such Act, of
which up to $13,000,000 shall be for the provision of remediation
services to public housing agencies identified as ``troubled'' under
the Section 8 Management Assessment Program and for surveys used to
calculate local Fair Market Rents and assess housing conditions in
connection with rental assistance under section 8 of the Act: Provided
further, That of the total amount provided under this heading, up to
$500,000 shall be for lease adjustments to section 23 projects, and no
less than $10,610,000 shall be transferred to the Working Capital Fund
for the development of and modifications to information technology
systems which serve programs or activities under ``Public and Indian
housing'': Provided further, That no funds may be used under this
heading for the purposes specified in section 9(k) of the United States
Housing Act of 1937, as amended: Provided further, That of the total
amount provided under this heading, up to $40,000,000 shall be
available for the Secretary of Housing and Urban Development to make
grants to public housing agencies for emergency capital needs resulting
from emergencies and natural disasters in fiscal year 2003: Provided
further, That of the total amount provided under this heading,
$15,000,000 shall be for Neighborhood Networks grants for activities
authorized in section 9(d)(1)(E) of the United States Housing Act of
1937, as amended: Provided further, That notwithstanding any other
provision of law, amounts made available in the previous proviso shall
be awarded to public housing agencies on a competitive basis as
provided in section 102 of the Department of Housing and Urban
Development Reform Act of 1989: Provided further, That of the total
amount provided under this heading, $55,000,000 shall be for supportive
services, service coordinators and congregate services as authorized by
section 34 of the Act and the Native American Housing Assistance and
Self-Determination Act of 1996: Provided further, That of the total
amount provided under this heading, up to $125,000,000 shall be for
grants and credit subsidy to support a loan guarantee and loan program
for the development of public housing units in mixed income housing
developments: Provided further, That the first proviso under this
heading in the Departments of Veterans Affairs and Housing and Urban
Development, and Independent Agencies Appropriations Act, 2003 is
amended by striking ``1998, 1999''.
public housing operating fund
For payments to public housing agencies for the operation and
management of public housing, as authorized by section 9(e) of the
United States Housing Act of 1937, as amended (42 U.S.C. 1437g(e)),
$3,576,600,000: Provided, That of the total amount provided under this
heading, $10,000,000 shall be for programs, as determined appropriate
by the Attorney General, which assist in the investigation,
prosecution, and prevention of violent crimes and drug offenses in
public and federally-assisted low-income housing, including Indian
housing, which shall be administered by the Department of Justice
through a reimbursable agreement with the Department of Housing and
Urban Development: Provided further, That, in fiscal year 2004 and all
fiscal years hereafter, no amounts under this heading in any
appropriations Act may be used for payments to public housing agencies
for the costs of operation and management of public housing for any
year prior to the current year of such Act: Provided further, That no
funds may be used under this heading for the purposes specified in
section 9(k) of the United States Housing Act of 1937, as amended.
revitalization of severely distressed public housing (hope vi)
For grants to public housing agencies for demolition, site
revitalization, replacement housing, and tenant-based assistance grants
to projects as authorized by section 24 of the United States Housing
Act of 1937, as amended (``such Act''), $195,115,000, to remain
available until expended: Provided, That the Secretary may recapture
funds from grants previously awarded under this heading in fiscal year
1997 and prior fiscal years for use in making grants in fiscal year
2004 as authorized under section 24 of such Act: Provided further, That
the Secretary may only recapture grants under the previous proviso
where the Secretary determines that a project is less than 90 percent
complete and that the project is unlikely to be completed successfully
within the next 2 fiscal years: Provided further, That the Secretary
shall not recapture funds from any HOPE VI project that has unobligated
funds due to litigation or a court ordered consent decree: Provided
further, That the Secretary shall establish an alternative housing plan
to meet tenant needs where the Secretary is recapturing HOPE VI funds
from a public housing agency with a failed HOPE VI project and the
Secretary may recapture only the amount of funds which are not
necessary to meet the requirements of the alternative housing plan:
Provided further, That the Secretary shall report to the Congress by
December 15, 2003 on the status of all HOPE VI projects that are
unlikely to be completed according to program requirements: Provided
further, That the Secretary shall report to the Congress on any
decision to recapture funds from a HOPE VI project, including the
justification for the decision and the provisions of the alternative
housing plan: Provided further, That the Secretary may use up to
$3,000,000 of the funds made available under this heading for technical
assistance and contract expertise, to be provided directly or
indirectly by grants, contracts or cooperative agreements, including
training and cost of necessary travel for participants in such
training, by or to officials and employees of the department and of
public housing agencies and to residents: Provided further, That none
of such funds shall be used directly or indirectly by granting
competitive advantage in awards to settle litigation or pay judgments,
unless expressly permitted herein.
native american housing block grants
(including transfers of funds)
For the Native American Housing Block Grants program, as authorized
under title I of the Native American Housing Assistance and Self-
Determination Act of 1996 (NAHASDA) (25 U.S.C. 4111 et seq.),
$646,600,000, to remain available until expended, of which $2,200,000
shall be contracted through the Secretary as technical assistance and
capacity building to be used by the National American Indian Housing
Council in support of the implementation of NAHASDA; of which
$4,000,000 shall be to support the inspection of Indian housing units,
contract expertise, training, and technical assistance in the training,
oversight, and management of Indian housing and tenant-based
assistance, including up to $300,000 for related travel; and of which
no less than $2,720,000 shall be transferred to the Working Capital
Fund for development of and modifications to information technology
systems which serve programs or activities under ``Public and Indian
housing'': Provided, That of the amount provided under this heading,
$2,000,000 shall be made available for the cost of guaranteed notes and
other obligations, as authorized by title VI of NAHASDA: Provided
further, That such costs, including the costs of modifying such notes
and other obligations, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided further, That
these funds are available to subsidize the total principal amount of
any notes and other obligations, any part of which is to be guaranteed,
not to exceed $16,658,000: Provided further, That for administrative
expenses to carry out the guaranteed loan program, up to $150,000 from
amounts in the first proviso, which shall be transferred to and merged
with the appropriation for ``Salaries and expenses'', to be used only
for the administrative costs of these guarantees.
indian housing loan guarantee fund program account
(including transfer of funds)
For the cost of guaranteed loans, as authorized by section 184 of
the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-
13a), $5,300,000, to remain available until expended: Provided, That
such costs, including the costs of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974, as
amended: Provided further, That these funds are available to subsidize
total loan principal, any part of which is to be guaranteed, not to
exceed $197,243,000.
In addition, for administrative expenses to carry out the
guaranteed loan program, up to $250,000 from amounts in the first
paragraph, which shall be transferred to and merged with the
appropriation for ``Salaries and expenses'', to be used only for the
administrative costs of these guarantees.
native hawaiian housing loan guarantee fund program account
(including transfer of funds)
For the cost of guaranteed loans, as authorized by section 184A of
the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-
13b), $1,035,000, to remain available until expended: Provided, That
such costs, including the costs of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974, as
amended: Provided further, That these funds are available to subsidize
total loan principal, any part of which is to be guaranteed, not to
exceed $39,712,000.
In addition, for administrative expenses to carry out the
guaranteed loan program, up to $35,000 from amounts in the first
paragraph, which shall be transferred to and merged with the
appropriation for ``Salaries and expenses'', to be used only for the
administrative costs of these guarantees.
Community Planning and Development
housing opportunities for persons with aids
For carrying out the Housing Opportunities for Persons with AIDS
program, as authorized by the AIDS Housing Opportunity Act (42 U.S.C.
12901 et seq.), $291,000,000, to remain available until September 30,
2005: Provided, That the Secretary shall renew all expiring contracts
for permanent supportive housing that were funded under section
854(c)(3) of such Act that meet all program requirements before
awarding funds for new contracts and activities authorized under this
section: Provided further, That the formula funds made available under
this heading for fiscal year 2004 shall be awarded to eligible grantees
under the same rules and requirements as were in effect for fiscal year
2003: Provided further, That the Secretary may use up to $3,000,000 of
the funds under this heading for training, oversight, and technical
assistance activities.
rural housing and economic development
For the Office of Rural Housing and Economic Development in the
Department of Housing and Urban Development, $25,000,000 to remain
available until expended, which amount shall be awarded by June 1,
2004, to Indian tribes, State housing finance agencies, State community
and/or economic development agencies, local rural nonprofits and
community development corporations to support innovative housing and
economic development activities in rural areas: Provided, That all
grants shall be awarded on a competitive basis as specified in section
102 of the Department of Housing and Urban Development Reform Act of
1989.
community development fund
(including transfers of funds)
For assistance to units of State and local government, and to other
entities, for economic and community development activities, and for
other purposes, $4,950,000,000, to remain available until September 30,
2006: Provided, That of the amount provided, $4,545,700,000 is for
carrying out the community development block grant program under title
I of the Housing and Community Development Act of 1974, as amended (the
``Act'' herein) (42 U.S.C. 5301 et seq.): Provided further, That not to
exceed 20 percent of any grant made with funds appropriated under this
heading (other than a grant made available in this paragraph to the
Housing Assistance Council or the National American Indian Housing
Council, or a grant using funds under section 107(b)(3) of the Act)
shall be expended for ``Planning and Management Development'' and
``Administration'', as defined in regulations promulgated by the
Department: Provided further, That $72,500,000 shall be for grants to
Indian tribes notwithstanding section 106(a)(1) of such Act; $3,300,000
shall be for a grant to the Housing Assistance Council; $2,600,000
shall be for a grant to the National American Indian Housing Council;
$52,500,000 shall be for grants pursuant to section 107 of the Act; no
less than $4,900,000 shall be transferred to the Working Capital Fund
for the development of and modification to information technology
systems which serve programs or activities under ``Community planning
and development''; $12,000,000 shall be for grants pursuant to the Self
Help Homeownership Opportunity Program; $35,500,000 shall be for
capacity building, of which $31,500,000 shall be for Capacity Building
for Community Development and Affordable Housing for LISC and the
Enterprise Foundation for activities as authorized by section 4 of the
HUD Demonstration Act of 1993 (42 U.S.C. 9816 note), as in effect
immediately before June 12, 1997, with not less than $5,000,000 of the
funding to be used in rural areas, including tribal areas, and of which
$4,000,000 shall be for capacity building activities administered by
Habitat for Humanity International; $10,000,000 for the Native Hawaiian
Housing Block Grant Program, as authorized under the Native American
Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4111
et seq.), of which $400,000 shall be for training and technical
assistance; $60,000,000 shall be available for YouthBuild program
activities authorized by subtitle D of title IV of the Cranston-
Gonzalez National Affordable Housing Act, as amended, and such
activities shall be an eligible activity with respect to any funds made
available under this heading: Provided, That local YouthBuild programs
that demonstrate an ability to leverage private and nonprofit funding
shall be given a priority for YouthBuild funding: Provided further,
That no more than 10 percent of any grant award under the YouthBuild
program may be used for administrative costs: Provided further, That of
the amount made available for YouthBuild not less than $10,000,000 is
for grants to establish YouthBuild programs in underserved and rural
areas and $2,000,000 is to be made available for a grant to YouthBuild
USA for capacity building for community development and affordable
housing activities as specified in section 4 of the HUD Demonstration
Act of 1993, as amended.
Of the amount made available under this heading, $21,000,000 shall
be available for neighborhood initiatives that are utilized to improve
the conditions of distressed and blighted areas and neighborhoods, to
stimulate investment, economic diversification, and community
revitalization in areas with population outmigration or a stagnating or
declining economic base, or to determine whether housing benefits can
be integrated more effectively with welfare reform initiatives:
Provided, That these grants shall be provided in accordance with the
terms and conditions specified in the report accompanying this Act.
Of the amount made available under this heading, $140,000,000 shall
be available for grants for the Economic Development Initiative (EDI)
to finance a variety of targeted economic investments in accordance
with the terms and conditions specified in the report accompanying this
Act.
The referenced statement of the managers under this heading in
title II of Division K of the Consolidated Appropriations Resolution,
2003 (Public Law 108-7; H. Rept. 108-10) is deemed to be amended with
respect to item number 721 by striking ``training'' and inserting
``creation, small business development and quality of life improvements
within the State of South Carolina''.
The referenced statement of the managers under this heading in
title II of Division K of the Consolidated Appropriations Resolution,
2003 (Public Law 108-7; H. Rept. 108-10) is deemed to be amended with
respect to item number 317 by striking ``135,000'' and inserting
``151,000''.
The referenced statement of the managers under this heading in
title II of Division K of the Consolidated Appropriations Resolution,
2003 (Public Law 108-7; H. Rept. 108-10) is deemed to be amended with
respect to item number 324 by striking ``225,000'' and inserting
``209,000''.
community development loan guarantees program account
(including transfer of funds)
For the cost of guaranteed loans, $6,325,000, to remain available
until September 30, 2005, as authorized by section 108 of the Housing
and Community Development Act of 1974, as amended: Provided, That such
costs, including the cost of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974, as amended:
Provided further, That these funds are available to subsidize total
loan principal, any part of which is to be guaranteed, not to exceed
$275,000,000, notwithstanding any aggregate limitation on outstanding
obligations guaranteed in section 108(k) of the Housing and Community
Development Act of 1974, as amended.
In addition, for administrative expenses to carry out the
guaranteed loan program, $1,000,000 which shall be transferred to and
merged with the appropriation for ``Salaries and expenses''.
brownfields redevelopment
For Economic Development Grants, as authorized by section 108(q) of
the Housing and Community Development Act of 1974, as amended, for
Brownfields redevelopment projects, $25,000,000, to remain available
until September 30, 2005: Provided, That the Secretary of Housing and
Urban Development shall make these grants available on a competitive
basis as specified in section 102 of the Department of Housing and
Urban Development Reform Act of 1989.
home investment partnerships program
(including transfer of funds)
For the HOME investment partnerships program, as authorized under
title II of the Cranston-Gonzalez National Affordable Housing Act, as
amended, $1,925,000,000, to remain available until September 30, 2006:
Provided, That of the total amount provided in this paragraph, up to
$40,000,000 shall be available for housing counseling under section 106
of the Housing and Urban Development Act of 1968; and no less than
$1,100,000 shall be transferred to the Working Capital Fund for the
development of, maintenance of, and modification to information
technology systems which serve programs or activities under ``Community
planning and development''.
In addition to the amounts made available under this heading,
$50,000,000, to remain available until September 30, 2006, for
assistance to homebuyers as authorized under title II of the Cranston-
Gonzalez National Affordable Housing Act, as amended: Provided, That
the Secretary shall provide such assistance in accordance with a
formula developed through rulemaking.
homeless assistance grants
(including transfer of funds)
For the emergency shelter grants program as authorized under
subtitle B of title IV of the McKinney-Vento Homeless Assistance Act,
as amended; the supportive housing program as authorized under subtitle
C of title IV of such Act; the section 8 moderate rehabilitation single
room occupancy program as authorized under the United States Housing
Act of 1937, as amended, to assist homeless individuals pursuant to
section 441 of the McKinney-Vento Homeless Assistance Act; and the
shelter plus care program as authorized under subtitle F of title IV of
such Act, $1,325,000,000, to remain available until September 30, 2006:
Provided, That not less than 30 percent of funds made available,
excluding amounts provided for renewals under the shelter plus care
program, shall be used for permanent housing: Provided further, That
all funds awarded for services shall be matched by 25 percent in
funding by each grantee: Provided further, That the Secretary shall
renew on an annual basis expiring contracts or amendments to contracts
funded under the shelter plus care program if the program is determined
to be needed under the applicable continuum of care and meets
appropriate program requirements and financial standards, as determined
by the Secretary: Provided further, That all awards of assistance under
this heading shall be required to coordinate and integrate homeless
programs with other mainstream health, social services, and employment
programs for which homeless populations may be eligible, including
Medicaid, State Children's Health Insurance Program, Temporary
Assistance for Needy Families, Food Stamps, and services funding
through the Mental Health and Substance Abuse Block Grant, Workforce
Investment Act, and the Welfare-to-Work grant program: Provided
further, That $12,000,000 of the funds appropriated under this heading
shall be available for the national homeless data analysis project and
technical assistance: Provided further, That no less than $2,580,000 of
the funds appropriated under this heading shall be transferred to the
Working Capital Fund for the development of and modifications to
information technology systems which serve activities under ``Community
planning and development''.
urban development action grants
From balances of the Urban Development Action Grant Program, as
authorized by title I of the Housing and Community Development Act of
1974, as amended, $30,000,000 are cancelled.
Housing Programs
housing for special populations
(including transfer of funds)
For assistance for the purchase, construction, acquisition, or
development of additional public and subsidized housing units for low
income families not otherwise provided for, $1,033,801,000, to remain
available until September 30, 2007: Provided, That $783,286,000, plus
recaptures or cancelled commitments, shall be for capital advances,
including amendments to capital advance contracts, for housing for the
elderly, as authorized by section 202 of the Housing Act of 1959, as
amended, and for project rental assistance for the elderly under
section 202(c)(2) of such Act, including amendments to contracts for
such assistance and renewal of expiring contracts for such assistance
for up to a 1-year term, and for supportive services associated with
the housing, of which amount $50,000,000 shall be for service
coordinators and the continuation of existing congregate service grants
for residents of assisted housing projects, of which amount up to
$30,000,000 shall be for grants under section 202b of the Housing Act
of 1959 (12 U.S.C. 1701q-2) for conversion of eligible projects under
such section to assisted living or related use, including substantial
capital repair, of which amount $25,000,000 shall be maintained by the
Secretary as a revolving loan fund for use as gap financing to assist
grantees in meeting all the initial cost requirements for developing
projects under section 202 of such Act: Provided further, That of the
amount under this heading, $250,515,000 shall be for capital advances,
including amendments to capital advance contracts, for supportive
housing for persons with disabilities, as authorized by section 811 of
the Cranston-Gonzalez National Affordable Housing Act, for project
rental assistance for supportive housing for persons with disabilities
under section 811(d)(2) of such Act, including amendments to contracts
for such assistance and renewal of expiring contracts for such
assistance for up to a 1-year term, and for supportive services
associated with the housing for persons with disabilities as authorized
by section 811(b)(1) of such Act, and for tenant-based rental
assistance contracts entered into pursuant to section 811 of such Act:
Provided further, That of the amount made available under this heading,
$15,000,000 shall be available to the Secretary of Housing and Urban
Development only for making grants to private nonprofit organizations
and consumer cooperatives for covering costs of architectural and
engineering work, site control, and other planning relating to the
development of supportive housing for the elderly that is eligible for
assistance under section 202 of the Housing Act of 1959 (12 U.S.C.
1701q): Provided further, That amounts made available in the previous
proviso shall be awarded on a competitive basis as provided in section
102 of the Department of Housing and Urban Development Reform Act of
1989: Provided further, That no less than $940,000, to be divided
evenly between the appropriations for the section 202 and section 811
programs, shall be transferred to the Working Capital Fund for the
development of and modifications to information technology systems
which serve activities under ``Housing programs'' or ``Federal housing
administration'': Provided further, That, in addition to amounts made
available for renewal of tenant-based rental assistance contracts
pursuant to the second proviso of this paragraph, the Secretary may
designate up to 25 percent of the amounts earmarked under this
paragraph for section 811 of such Act for tenant-based assistance, as
authorized under that section, including such authority as may be
waived under the next proviso, which assistance is 5 years in duration:
Provided further, That the Secretary may waive the provisions governing
the terms and conditions of project rental assistance and tenant-based
rental assistance for such section 202 and such section 811, except
that the initial contract term for such assistance shall not exceed 5
years in duration: Provided further, That all balances and recaptures,
as of October 1, 2003, remaining in the ``Congregate housing services''
account as authorized by the Housing and Community Development
Amendments of 1978, as amended, shall be transferred to and merged with
the amounts for those purposes under this heading.
flexible subsidy fund
(transfer of funds)
From the Rental Housing Assistance Fund, all uncommitted balances
of excess rental charges as of September 30, 2003, and any collections
made during fiscal year 2004 (with the exception of amounts required to
make refunds of excess income remittances as authorized by Public Law
106-569), shall be transferred to the Flexible Subsidy Fund, as
authorized by section 236(g) of the National Housing Act, as amended.
rental housing assistance
(rescission)
Up to $303,000,000 of recaptured section 236 budget authority
resulting from prepayment of mortgages subsidized under section 236 of
the National Housing Act (12 U.S.C. 1715z-1) shall be rescinded in
fiscal year 2004: Provided, That the limitation otherwise applicable to
the maximum payments that may be required in any fiscal year by all
contracts entered into under section 236 is reduced in fiscal year 2004
by not more than $303,000,000 in uncommitted balances of authorizations
of contract authority provided for this purpose in appropriations Acts.
manufactured housing fees trust fund
For necessary expenses as authorized by the National Manufactured
Housing Construction and Safety Standards Act of 1974, as amended (42
U.S.C. 5401 et seq.), $13,000,000, to remain available until expended,
to be derived from the Manufactured Housing Fees Trust Fund: Provided,
That not to exceed the total amount appropriated under this heading
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 pursuant to section 620 of such Act:
Provided further, That the amount made available under this heading
from the general fund shall be reduced as such collections are received
during fiscal year 2004 so as to result in a final fiscal year 2004
appropriation from the general fund estimated at not more than $0 and
fees pursuant to such section 620 shall be modified as necessary to
ensure such a final fiscal year 2004 appropriation.
Federal Housing Administration
mutual mortgage insurance program account
(including transfers of funds)
During fiscal year 2004, commitments to guarantee loans to carry
out the purposes of section 203(b) of the National Housing Act, as
amended, shall not exceed a loan principal of $185,000,000,000.
During fiscal year 2004, obligations to make direct loans to carry
out the purposes of section 204(g) of the National Housing Act, as
amended, shall not exceed $50,000,000: Provided, That the foregoing
amount shall be for loans to nonprofit and governmental entities in
connection with sales of single family real properties owned by the
Secretary and formerly insured under the Mutual Mortgage Insurance
Fund.
For administrative expenses necessary to carry out the guaranteed
and direct loan program, $359,000,000, of which not to exceed
$355,000,000 shall be transferred to the appropriation for ``Salaries
and expenses''; and not to exceed $4,000,000 shall be transferred to
the appropriation for ``Office of Inspector General''. In addition, for
administrative contract expenses, $85,000,000, of which no less than
$20,744,000 shall be transferred to the Working Capital Fund for the
development of and modifications to information technology systems
which serve programs or activities under ``Housing programs'' or
``Federal housing administration'': Provided, That to the extent
guaranteed loan commitments exceed $65,500,000,000 on or before April
1, 2004, an additional $1,400 for administrative contract expenses
shall be available for each $1,000,000 in additional guaranteed loan
commitments (including a pro rata amount for any amount below
$1,000,000), but in no case shall funds made available by this proviso
exceed $30,000,000.
general and special risk program account
(including transfers of funds)
For the cost of guaranteed loans, as authorized by sections 238 and
519 of the National Housing Act (12 U.S.C. 1715z-3 and 1735c),
including the cost of loan guarantee modifications, as that term is
defined in section 502 of the Congressional Budget Act of 1974, as
amended, $15,000,000, to remain available until expended: Provided,
That these funds are available to subsidize total loan principal, any
part of which is to be guaranteed, of up to $25,000,000,000.
Gross obligations for the principal amount of direct loans, as
authorized by sections 204(g), 207(l), 238, and 519(a) of the National
Housing Act, shall not exceed $50,000,000, of which not to exceed
$30,000,000 shall be for bridge financing in connection with the sale
of multifamily real properties owned by the Secretary and formerly
insured under such Act; and of which not to exceed $20,000,000 shall be
for loans to nonprofit and governmental entities in connection with the
sale of single-family real properties owned by the Secretary and
formerly insured under such Act.
In addition, for administrative expenses necessary to carry out the
guaranteed and direct loan programs, $229,000,000, of which
$209,000,000, shall be transferred to the appropriation for ``Salaries
and expenses''; and of which $20,000,000 shall be transferred to the
appropriation for ``Office of Inspector General''.
In addition, for administrative contract expenses necessary to
carry out the guaranteed and direct loan programs, $93,780,000, of
which no less than $16,946,000 shall be transferred to the Working
Capital Fund for the development of and modifications to information
technology systems which serve activities under ``Housing programs'' or
``Federal housing administration'': Provided, That to the extent
guaranteed loan commitments exceed $8,426,000,000 on or before April 1,
2004, an additional $1,980 for administrative contract expenses shall
be available for each $1,000,000 in additional guaranteed loan
commitments over $8,426,000,000 (including a pro rata amount for any
increment below $1,000,000), but in no case shall funds made available
by this proviso exceed $14,400,000.
Government National Mortgage Association
guarantees of mortgage-backed securities loan guarantee program account
(including transfer of funds)
New commitments to issue guarantees to carry out the purposes of
section 306 of the National Housing Act, as amended (12 U.S.C.
1721(g)), shall not exceed $200,000,000,000, to remain available until
September 30, 2005.
For administrative expenses necessary to carry out the guaranteed
mortgage-backed securities program, $10,695,000, to be derived from the
GNMA guarantees of mortgage-backed securities guaranteed loan receipt
account, of which not to exceed $10,695,000, shall be transferred to
the appropriation for ``Salaries and expenses''.
Policy Development and Research
research and technology
For contracts, grants, and necessary expenses of programs of
research and studies relating to housing and urban problems, not
otherwise provided for, as authorized by title V of the Housing and
Urban Development Act of 1970, as amended (12 U.S.C. 1701z-1 et seq.),
including carrying out the functions of the Secretary under section
1(a)(1)(i) of Reorganization Plan No. 2 of 1968, $47,000,000, to remain
available until September 30, 2005: Provided, That of the total amount
provided under this heading, $7,500,000 shall be for the Partnership
for Advancing Technology in Housing (PATH) Initiative.
Fair Housing and Equal Opportunity
fair housing activities
For contracts, grants, and other assistance, not otherwise provided
for, as authorized by title VIII of the Civil Rights Act of 1968, as
amended by the Fair Housing Amendments Act of 1988, and section 561 of
the Housing and Community Development Act of 1987, as amended,
$50,000,000, to remain available until September 30, 2005, of which
$20,000,000 shall be to carry out activities pursuant to such section
561: Provided, That no funds made available under this heading shall be
used to lobby the executive or legislative branches of the Federal
Government in connection with a specific contract, grant or loan.
Office of Lead Hazard Control
lead hazard reduction
For the Lead Hazard Reduction Program, as authorized by section
1011 of the Residential Lead-Based Paint Hazard Reduction Act of 1992,
$175,000,000, to remain available until September 30, 2005, of which
$10,000,000 shall be for the Healthy Homes Initiative, pursuant to
sections 501 and 502 of the Housing and Urban Development Act of 1970:
Provided, That both programs may include research, studies,
evaluations, testing, and demonstration efforts, including education
and outreach by units of general local government, community-based
organizations and other appropriate entities concerning lead-based
paint poisoning and other housing-related diseases and hazards:
Provided, That of the total amount made available under this heading,
$50,000,000 shall be made available on a competitive basis for areas
with the highest lead paint abatement needs, as identified by the
Secretary as having: (1) the highest number of pre-1940 units of rental
housing; and (2) a disproportionately high number of documented cases
of lead-poisoned children: Provided further, That each grantee
receiving funds under the previous proviso shall target those privately
owned units and multifamily buildings that are occupied by low-income
families as defined under section 3(b)(2) of the United States Housing
Act of 1937: Provided further, That not less than 90 percent of the
funds made available under this paragraph shall be used exclusively for
abatement, inspections, risk assessments, temporary relocations and
interim control of lead-based hazards as defined by 42 U.S.C. 4851:
Provided further, That each recipient of funds provided under the first
proviso shall make a matching contribution in an amount not less than
25 percent: Provided further, That each applicant shall submit a
detailed plan and strategy that demonstrates adequate capacity that is
acceptable to the Secretary of the Department of Housing and Urban
Development to carry out the proposed use of funds pursuant to a Notice
of Funding Availability.
Management and Administration
salaries and expenses
(including transfer of funds)
For necessary administrative and non-administrative expenses of the
Department of Housing and Urban Development, not otherwise provided
for, including purchase of uniforms, or allowances therefor, as
authorized by 5 U.S.C. 5901-5902; hire of passenger motor vehicles;
services as authorized by 5 U.S.C. 3109; and not to exceed $25,000 for
official reception and representation expenses, $1,112,130,000, of
which $564,000,000 shall be provided from the various funds of the
Federal Housing Administration, $10,695,000 shall be provided from
funds of the Government National Mortgage Association, $1,000,000 shall
be provided from the ``Community development loan guarantees program''
account, $150,000 shall be provided by transfer from the ``Native
American housing block grants'' account, $250,000 shall be provided by
transfer from the ``Indian housing loan guarantee fund program''
account and $35,000 shall be transferred from the ``Native Hawaiian
housing loan guarantee fund'' account: Provided further, That the
General Counsel of the Department of Housing and Urban Development
shall have for fiscal year 2004 and all fiscal years hereafter overall
responsibility for all issues related to appropriations law: Provided
further, That the Secretary shall fill 7 out of 10 vacancies at the GS-
14 and GS-15 levels until the total number of GS-14 and GS-15 positions
in the Department has been reduced from the number of GS-14 and GS-15
positions on the date of enactment of Public Law 106-377 by 2\1/2\
percent: Provided further, That no funds shall be made available for
the salaries (other than pensions and related costs) of any employees
who had significant responsibility for allocating funding for the
overleasing of vouchers by public housing agencies.
working capital fund
For additional capital for the Working Capitol Fund (42 U.S.C.
3535) for the development of, modifications to, and infrastructure for
Department-wide information technology systems, and for the continuing
operation of both Department-wide and program-specific information
systems, $240,000,000, to remain available until September 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,
$102,000,000, 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 technology 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, $32,415,000, to remain available
until expended, to be derived from the Federal Housing Enterprises
Oversight Fund: Provided, That not to exceed such amount 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 $32,415,000.
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 sentence, 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 cumulative 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 subsection (a).
Sec. 204. Except as explicitly provided in law, any grant or
assistance made pursuant to title II of this Act shall be made on a
competitive basis in accordance with section 102 of the Department of
Housing and Urban Development Reform Act of 1989.
Sec. 205. 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 services on a
contract or fee basis, and for utilizing and making payment for
services and facilities of the Federal National Mortgage Association,
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. 206. 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. 207. Corporations and agencies of the Department of Housing
and Urban Development which are subject to the Government 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 accordance with
law, and to make such contracts and commitments without 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
2004 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 mortgage purchases are necessary to protect the financial interest
of the United States Government.
Sec. 208. None of the funds provided in this title for technical
assistance, training, or management improvements may be obligated 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 March 15, 2004 for 30 days of
review.
Sec. 209. 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 payments 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. 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 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. Section 24(n) of the United States Housing Act of 1937
(42 U.S.C. 1437v(n)) is amended by striking ``September 30, 2004'' and
inserting ``September 30, 2006''.
Sec. 212. The Secretary of Housing and Urban Development shall
provide quarterly reports to the House and Senate Committees on
Appropriations regarding all uncommitted, unobligated, 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. 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 and thereafter to the City of
Philadelphia, Pennsylvania on behalf of the Philadelphia, PA-NJ Primary
Metropolitan Statistical Area (hereafter ``metropolitan area''), under
section 854(c) of the AIDS Housing Opportunity Act (42 U.S.C.
12903(c)), 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 amount that is based on the number of cases of
AIDS reported in the portion of the metropolitan area 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 area 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 and thereafter under section 854(c) of the AIDS Housing
Opportunity Act (42 U.S.C. 12903(c)) to the City of Raleigh, North
Carolina, on behalf of the Raleigh-Durham-Chapel Hill, North Carolina
Metropolitan 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. (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 demonstrate 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 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. 216. Section 683(2) of the Housing and Community Development
Act of 1992 is amended--
(1) in subparagraph (F), by striking ``and'';
(2) in subparagraph (G), by striking ``section.'' and
inserting ``section; and''; and
(3) by adding the following new subparagraph at the end:
``(H) housing that is assisted under section 811 of
the Cranston-Gonzalez National Affordable Housing
Act.''.
Sec. 217. 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 purposes 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 maturity of ten years.''.
Sec. 218. 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'';
(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''; and
(5) in section 204(c), by inserting after ``reimbursable''
the two places it appears the following: ``or
nonreimbursable''.
Sec. 219. Title II of the National Housing Act (12 U.S.C. 1707 et
seq.) is amended by adding the following new section at the end:
``payment rewards for certain single family mortgages
``Sec. 257. For purposes of establishing an alternative to high
cost mortgages for borrowers with credit impairments, the Secretary may
insure under sections 203(b) and 234(c) of this title any mortgage that
meets the requirements of such sections, except as provided in the
following sentences. The Secretary may establish lower percentage of
appraised value limitations than those provided in section
203(b)(2)(B). Notwithstanding section 203(c)(2)(B), the Secretary may
establish and collect annual premium payments in an amount not
exceeding 1.0 percent of the remaining insured principal balance and
such payments may be reduced or eliminated in subsequent years based on
mortgage payment performance. All mortgages insured pursuant to this
section shall be obligations of the Mutual Mortgage Insurance Fund
notwithstanding section 519 of this Act.''.
Sec. 220. (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
periodic 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
Development Act of 1965 (12 U.S.C. 1701s).
``(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
individuals 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 provided by the
Secretary of Housing and Urban Development with
respect to individuals described in
subparagraph (A), and shall disclose
information in such Directory regarding such
individuals to the Secretary of Housing and
Urban Development, in accordance with this
paragraph, for the purposes specified in this
paragraph.
``(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 conduct 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
disclosure 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;
``(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
consultation with and approved by the
Secretary), of the costs and benefits
of disclosures made under clause (ii)
and the adequacy of measures used to
safeguard the security and
confidentiality of information 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 paragraph 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 administration of a program
described in subparagraph (A), subject
to the conditions in clause (iii) and
such additional conditions as agreed to
by the Secretaries.
``(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 additional 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
information 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 Condition 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);
(4) section 811 of the Cranston-Gonzalez National
Affordable 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. 221. Section 9 of the United States Housing Act of 1937 is
amended by inserting at the end the following new subsection:
``(o) Loan Guarantee Development Funding.--
``(1) In order to facilitate the financing of the
rehabilitation and development needs of public housing, the
Secretary is authorized to provide loan guarantees for public
housing agencies to enter into loans or other financial
obligations with financial institutions for the purpose of
financing the rehabilitation of a portion of public housing or
the development off-site of public housing in mixed income
developments (including demolition costs of the public housing
units to be replaced), provided that the number of public
housing units developed off-site replaces no less than an equal
number of on-site public housing units in a project. Loans or
other obligations entered into pursuant to this subsection
shall be in such form and denominations, have such maturities,
and be subject to such conditions as may be prescribed by
regulations issued by the Secretary.
``(2) The Secretary may prohibit a public housing agency
from obtaining a loan under this subsection only if the
rehabilitation or replacement housing proposed by a public
housing agency is inconsistent with its Public Housing Agency
Plan, as submitted under section 5A, or the proposed terms of
the guaranteed loan constitutes an unacceptable financial risk
to the public housing agency or for repayment of the loan under
this subsection.
``(3) Notwithstanding any other provision of this title,
funding allocated to a public housing agency under subsections
(d)(2) and (e)(2) of this section for capital and operating
funds is authorized for use in the payment of the principal and
interest due (including such servicing, underwriting or other
costs as may be specified in the regulations of the Secretary)
on the loans or other obligations entered into pursuant to this
subsection.
``(4) The amount of any loan or other obligation entered
into under this subsection shall not exceed in total the pro-
rata amount of funds that would be allocated over a period not
to exceed 30 years under subsections (d)(2) and (e)(2) of this
section on a per unit basis as a percentage of the number of
units that are designated to be rehabilitated or replaced under
this subsection by a public housing agency as compared to the
total number of units in the public housing development, as
determined on the basis of funds made available under such
subsections (d)(2) and (e)(2) in the previous year. Any
reduction in the total amount of funds provided to a public
housing agency under this section in subsequent years shall not
reduce the amount of funds to be paid under a loan entered into
under this subsection but instead shall reduce the capital and
operating funds which are available for the other housing units
in the public housing development in that fiscal year. Any
additional income, including the receipt of rental income from
tenants, generated by the rehabilitated or replaced units may
be used to establish a loan loss reserve for the public housing
agency to assist in the repayment of loans or other obligations
entered into under this subsection or to address any shortfall
in the operating or capital needs of the public housing agency
in any fiscal year.
``(5) Subject to appropriations, the Secretary may use
funds from the Public Housing Capital Fund to--
``(A) establish a loan loss reserve account within
the Department of Housing and Urban Development to
minimize the risk of loss associated with the repayment
of loans guaranteed under this subsection,
``(B) make grants to a public housing agency for
capital investment needs or for the creation of a loan
loss reserve account to be used in conjunction with a
loan made under this subsection for the rehabilitation
of a portion of public housing or the development off-
site of public housing in mixed income developments
(including demolition costs of the public housing units
to be replaced), or
``(C) or repay any losses associated with a loan
guarantee under this subsection.
``(6) The Secretary may, to the extent approved in
appropriations Acts, assist in the payment of all or a portion
of the principal and interest amount due under the loan or
other obligation entered into under this subsection, if the
Secretary determines that the public housing agency is unable
to pay the amount it owes because of circumstances of extreme
hardship beyond the control of the public housing agency.''.
Sec. 222. Section 204(a) of the McKinney-Vento Homeless Assistance
Act (42 U.S.C. 11314(a)) is amended by striking in the first sentence
after the word ``level'', ``V'', and inserting in its place ``III''.
Sec. 223. 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 nonentitlement 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 government 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. Notwithstanding 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. 224. 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 enactment of this Act
that--
(1) addresses and expands, as necessary, the participation
and certification requirements for the sale of HUD-owned
multifamily housing projects and the foreclosure sale of any
multifamily 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 housing project under section 203 of the Housing
and Community 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, ordinances and codes with regard to other
properties owned by the purchaser.
Sec. 225. Section 217 of Public Law 107-73 is amended by striking
``the rehabilitation'' and inserting in lieu thereof: ``redevelopment,
including demolition and new construction''.
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 monuments outside of the
United States and its territories and possessions; 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,
$35,000,000, 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 of
passenger vehicles, uniforms or allowances therefore, as authorized 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 equivalent to the
maximum rate payable for senior level positions under 5 U.S.C. 5376,
$8,000,000, of which $5,500,000 is to remain available until September
30, 2004 and $2,500,000, of which is to remain available until
September 30, 2005: Provided further, That the Chemical Safety and
Hazard Investigation Board shall have not more than three career Senior
Executive Service positions.
Department of the Treasury
Community Development Financial Institutions
community development financial institutions fund program account
To carry out the Community Development Banking and Financial
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, $70,000,000, to remain available until
September 30, 2005, of which not less than $5,000,000 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 experience 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 modifying such loans, shall be as defined in
section 502 of the Congressional 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 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.), $452,575,000, to
remain available until September 30, 2005: Provided, That not more than
$330,000,000 of the amount provided under this heading shall be
available for the National Service Trust under subtitle D of title I of
the Act (42 U.S.C. 12601 et seq.) and 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
from the amount provided under the previous proviso, the Corporation
may transfer funds as necessary, to remain available without fiscal
year limitation, to the National Service Trust for educational 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:
Provided further, That the Corporation shall approve and enroll
AmeriCorps members pursuant to the Strengthen AmeriCorps Program Act
(Public Law 108-45): 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
$50,000,000 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
$14,575,000 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 $5,000,000 shall be available for challenge grants to
non-profit organizations: Provided further, That notwithstanding
subtitle 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 recommendations of peer review
panels in order to ensure that priority is given to programs that
demonstrate quality, innovation, replicability, and sustainability:
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 Foundation 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
Foundation may invest the corpus and income in federally insured bank
savings accounts or comparable interest bearing accounts, certificates
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 further, 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 by not
less than 10 percent: Provided further, That 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 debar 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 further, 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.
salaries and expenses
For necessary expenses (including payment of salaries, authorized
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) involved in
carrying out the National and Community Service Act of 1990 (42 U.S.C.
12501 et seq.) involved in administration as provided under section
501(a)(4) of the Act, $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, $6,500,000,
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 education 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.
Notwithstanding any other provision of law, funds made available
under section 129(d)(5)(B) of the National and Community Service Act to
assist entities in placing applicants who are individuals with
disabilities may be provided to any entity that receives a grant under
section 121 of the Act.
United States 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,
$16,220,000 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 two
passenger motor vehicles for replacement only, and not to exceed
$1,000,000 for official reception and representation expenses,
$32,000,000, to remain available until expended.
Department of Health and Human Services
National Institutes of Health
national institute of environmental health sciences
For necessary expenses for the National Institute of Environmental
Health Sciences in carrying out activities set forth in section 311(a)
of the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, as amended, and section 126(g) of the Superfund
Amendments and Reauthorization Act of 1986, $78,774,000.
Agency for Toxic Substances and Disease Registry
toxic substances and environmental public health
For necessary expenses for the Agency for Toxic Substances and
Disease Registry (ATSDR) in carrying out activities set forth in
sections 104(i), 111(c)(4), and 111(c)(14) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(CERCLA), as amended; section 118(f) of the Superfund Amendments and
Reauthorization Act of 1986 (SARA), as amended; and section 3019 of the
Solid Waste Disposal Act, as amended, $73,467,000, which may be derived
to the extent funds are available from the Hazardous Substance
Superfund Trust Fund pursuant to section 517(a) of SARA (26 U.S.C.
9507): Provided, That notwithstanding any other provision of law, in
lieu of performing a health assessment under section 104(i)(6) of
CERCLA, the Administrator of ATSDR may conduct other appropriate health
studies, evaluations, or activities, including, without limitation,
biomedical testing, clinical evaluations, medical monitoring, and
referral to accredited health care providers: Provided further, That in
performing any such health assessment or health study, evaluation, or
activity, the Administrator of ATSDR shall not be bound by the
deadlines in section 104(i)(6)(A) of CERCLA: Provided further, That
none of the funds appropriated under this heading shall be available
for ATSDR to issue in excess of 40 toxicological profiles pursuant to
section 104(i) of CERCLA during fiscal year 2004, and existing profiles
may be updated as necessary.
Environmental Protection Agency
science and technology
For science and technology, including research and development
activities, which shall include research and development activities
under the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, as amended; necessary expenses for personnel and
related costs and travel expenses, including uniforms, or allowances
therefor, as authorized by 5 U.S.C. 5901-5902; services as authorized
by 5 U.S.C. 3109, but at rates for individuals not to exceed the per
diem rate equivalent to the maximum rate payable for senior level
positions under 5 U.S.C. 5376; procurement of laboratory equipment and
supplies; other operating expenses in support of research and
development; construction, alteration, repair, rehabilitation, and
renovation of facilities, not to exceed $75,000 per project,
$715,579,000, which shall remain available until September 30, 2005.
environmental programs and management
For environmental programs and management, including necessary
expenses, not otherwise provided for, for personnel and related costs
and travel expenses, including uniforms, or allowances therefor, as
authorized by 5 U.S.C. 5901-5902; services as authorized by 5 U.S.C.
3109, but at rates for individuals not to exceed the per diem rate
equivalent to the maximum rate payable for senior level positions under
5 U.S.C. 5376; hire of passenger motor vehicles; hire, maintenance, and
operation of aircraft; purchase of reprints; library memberships in
societies or associations which issue publications to members only or
at a price to members lower than to subscribers who are not members;
construction, alteration, repair, rehabilitation, and renovation of
facilities, not to exceed $75,000 per project; and not to exceed $9,000
for official reception and representation expenses, $2,219,659,000,
which shall remain available until September 30, 2005, including
administrative costs of the brownfields program under the Small
Business Liability Relief and Brownfields Revitalization Act of 2002.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, and for construction, alteration, repair, rehabilitation, and
renovation of facilities, not to exceed $75,000 per project,
$36,808,000, to remain available until September 30, 2005.
buildings and facilities
For construction, repair, improvement, extension, alteration, and
purchase of fixed equipment or facilities of, or for use by, the
Environmental Protection Agency, $42,918,000, to remain available until
expended.
hazardous substance superfund
(including transfers of funds)
For necessary expenses to carry out the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA), as amended,
including sections 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C.
9611), and for construction, alteration, repair, rehabilitation, and
renovation of facilities, not to exceed $75,000 per project;
$1,265,000,000 (of which $100,000,000 shall not become available until
September 1, 2003), to remain available until expended, consisting of
such sums as are available in the Trust Fund as authorized by section
517(a) of the Superfund Amendments and Reauthorization Act of 1986
(SARA) and up to $1,265,000,000 as a payment from general revenues to
the Hazardous Substance Superfund for purposes as authorized by section
517(b) of SARA, as amended: Provided, That funds appropriated under
this heading may be allocated to other Federal agencies in accordance
with section 111(a) of CERCLA: Provided further, That of the funds
appropriated under this heading, $13,214,000 shall be transferred to
the ``Office of Inspector General'' appropriation to remain available
until September 30, 2005, and $45,000,000 shall be transferred to the
``Science and technology'' appropriation to remain available until
September 30, 2005.
leaking underground storage tank program
For necessary expenses to carry out leaking underground storage
tank cleanup activities authorized by section 205 of the Superfund
Amendments and Reauthorization Act of 1986, and for construction,
alteration, repair, rehabilitation, and renovation of facilities, not
to exceed $75,000 per project, $72,545,000, to remain available until
expended.
oil spill response
For expenses necessary to carry out the Environmental Protection
Agency's responsibilities under the Oil Pollution Act of 1990,
$16,209,000, to be derived from the Oil Spill Liability trust fund, to
remain available until expended.
state and tribal assistance grants
For environmental programs and infrastructure assistance, including
capitalization grants for State revolving funds and performance
partnership grants, $3,814,000,000, to remain available until expended,
of which $1,350,000,000 shall be for making capitalization grants for
the Clean Water State Revolving Funds under title VI of the Federal
Water Pollution Control Act, as amended (the ``Act''); $850,000,000
shall be for capitalization grants for the Drinking Water State
Revolving Funds under section 1452 of the Safe Drinking Water Act, as
amended, except that, notwithstanding section 1452(n) of the Safe
Drinking Water Act, as amended, none of the funds made available under
this heading in this Act, or in previous appropriations Acts, shall be
reserved by the Administrator for health effects studies on drinking
water contaminants; $50,000,000 shall be for architectural,
engineering, planning, design, construction and related activities in
connection with the construction of high priority water and wastewater
facilities in the area of the United States-Mexico Border, after
consultation with the appropriate border commission; $45,000,000 shall
be for grants to the State of Alaska to address drinking water and
wastewater infrastructure needs of rural and Alaska Native Villages:
Provided, That, of these funds (1) 25 percent will be set aside for
regional hub communities of populations over 1,000 but under 5,000, (2)
the State of Alaska shall provide a match of 25 percent, (3) no more
than 5 percent of the fund may be used for administrative and overhead
expenses, and (4) a statewide priority list shall be established which
shall remain in effect for at least three years; $3,500,000 shall be
for remediation of above ground leaking fuel tanks pursuant to Public
Law 106-554; $130,000,000 shall be for making grants for the
construction of drinking water, wastewater and storm water
infrastructure and for water quality protection in accordance with the
terms and conditions specified for such grants in the committee report
accompanying this Act, and, notwithstanding any other provision of law,
heretofore and hereafter, projects awarded such grants under this
heading that also receive loans from a State water pollution control or
drinking water revolving fund may be administered in accordance with
applicable State water pollution control or drinking water revolving
fund administrative and procedural requirements, and, for purposes of
these grants, each grantee shall contribute not less than 45 percent of
the cost of the project unless the grantee is approved for a waiver by
the Administrator of the Environmental Protection Agency; $100,500,000
shall be to carry out section 104(k) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA), as amended,
including grants, interagency agreements, and associated program
support costs; and $1,130,000,000 shall be for grants, including
associated program support costs, to States, federally recognized
tribes, interstate agencies, tribal consortia, and air pollution
control agencies for multi-media or single media pollution prevention,
control and abatement and related activities, including activities
pursuant to the provisions set forth under this heading in Public Law
104-134, and for making grants under section 103 of the Clean Air Act
for particulate matter monitoring and data collection activities of
which and subject to terms and conditions specified by the
Administrator, of which $60,000,000 shall be for carrying out section
128 of CERCLA, as amended, and $20,000,000 shall be for Environmental
Information Exchange Network grants, including associated program
support costs: Provided, That for fiscal year 2004, State authority
under section 302(a) of Public Law 104-182 shall remain in effect:
Provided further, That notwithstanding section 603(d)(7) of the Act,
the limitation on the amounts in a State water pollution control
revolving fund that may be used by a State to administer the fund shall
not apply to amounts included as principal in loans made by such fund
in fiscal year 2004 and prior years where such amounts represent costs
of administering the fund to the extent that such amounts are or were
deemed reasonable by the Administrator, accounted for separately from
other assets in the fund, and used for eligible purposes of the fund,
including administration: Provided further, That for fiscal year 2004,
and notwithstanding section 518(f) of the Act, the Administrator is
authorized to use the amounts appropriated for any fiscal year under
section 319 of that Act to make grants to Indian tribes pursuant to
sections 319(h) and 518(e) of that Act: Provided further, That for
fiscal year 2004, notwithstanding the limitation on amounts in section
518(c) of the Act, up to a total of 1\1/2\ percent of the funds
appropriated for State Revolving Funds under title VI of that Act may
be reserved by the Administrator for grants under section 518(c) of
such Act: Provided further, That no funds provided by this legislation
to address the water, wastewater and other critical infrastructure
needs of the colonias in the United States along the United States-
Mexico border shall be made available to a county or municipal
government unless that government has established an enforceable local
ordinance, or other zoning rule, which prevents in that jurisdiction
the development or construction of any additional colonia areas, or the
development within an existing colonia the construction of any new
home, business, or other structure which lacks water, wastewater, or
other necessary infrastructure: Provided further, That the referenced
statement of the managers under this heading in Public Law 106-377 is
deemed to be amended by striking ``wastewater'' in reference to item
number 219 and inserting ``water'': Provided further, That the
referenced statement of the managers under this heading in Public Law
108-7 is deemed to be amended by striking ``wastewater'' in reference
to item number 409 and inserting ``water''.
administrative provisions
For fiscal year 2004, notwithstanding 31 U.S.C. 6303(1) and
6305(1), the Administrator of the Environmental Protection Agency, in
carrying out the Agency's function to implement directly Federal
environmental programs required or authorized by law in the absence of
an acceptable tribal program, may award cooperative agreements to
federally-recognized Indian Tribes or Intertribal consortia, if
authorized by their member Tribes, to assist the Administrator in
implementing Federal environmental programs for Indian Tribes required
or authorized by law, except that no such cooperative agreements may be
awarded from funds designated for State financial assistance
agreements.
None of the funds appropriated or otherwise made available by this
Act shall be used to promulgate a final regulation to implement changes
in the payment of pesticide tolerance processing fees as proposed at 64
Fed. Reg. 31040, or any similar proposals. The Environmental Protection
Agency may proceed with the development of such a rule.
The Environmental Protection Agency may not use any of the funds
appropriated or otherwise made available by this Act to implement the
Registration Fee system codified at 40 Code of Federal Regulations
Subpart U (sections 152.400 et seq.) if its authority to collect
maintenance fees pursuant to FIFRA section 4(i)(5) is extended for at
least 1 year beyond September 30, 2003.
Section 136a-1 of title 7, U.S.C. is amended--
(1) in subsection (i)(5)(C)(i) by striking ``2003'' and
inserting ``2004'';
(2) in subsection (i)(5)(H) by striking ``2003'' and
inserting ``2004'';
(3) in subsection (i)(6) by striking ``2003'' and inserting
``2004''; and
(4) in subsection (k)(3)(A) by striking ``2003'' and
inserting ``2004''.
Notwithstanding CERCLA 104(k)(4)(B)(i)(IV), appropriated funds may
hereafter be used to award grants or loans under section 104(k) of
CERCLA to eligible entities that satisfy all of the elements set forth
in CERCLA section 101(40) to qualify as a bona fide prospective
purchaser except that the date of acquisition of the property was prior
to the date of enactment of the Small Business Liability Relief and
Brownfield Revitalization Act of 2001.
For fiscal year 2004, notwithstanding any other provision of law,
recipients of grants awarded under section 104(k) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9601 et seq.) may use funds for reasonable administrative costs,
as determined by the Administrator of the Environmental Protection
Agency.
Section 209(e)(1)(A) of the Clean Air Act (42 U.S.C. 7543(e)(1)(A))
is amended by striking out ``New engines which are'' and inserting in
lieu thereof the following: ``Any engine covered by a certificate of
conformity that also covers any engine''.
Executive Office of the President
office of science and technology policy
For necessary expenses of the Office of Science and Technology
Policy, in carrying out the purposes of the National Science and
Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C.
6601 and 6671), hire of passenger motor vehicles, and services as
authorized by 5 U.S.C. 3109, not to exceed $2,500 for official
reception and representation expenses, and rental of conference rooms
in the District of Columbia, $7,027,000.
council on environmental quality and office of environmental quality
For necessary expenses to continue functions assigned to the
Council on Environmental Quality and Office of Environmental Quality
pursuant to the National Environmental Policy Act of 1969, the
Environmental Quality Improvement Act of 1970, and Reorganization Plan
No. 1 of 1977, and not to exceed $750 for official reception and
representation expenses, $3,238,000: Provided, That, notwithstanding
section 202 of the National Environmental Policy Act of 1970, the
Council shall consist of one member, appointed by the President, by and
with the advice and consent of the Senate, serving as chairman and
exercising all powers, functions, and duties of the Council.
Federal Deposit Insurance Corporation
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $30,848,000, to be derived from the Bank Insurance Fund, the
Savings Association Insurance Fund, and the FSLIC Resolution Fund.
General Services Administration
federal citizen information center fund
For necessary expenses of the Federal Citizen Information Center,
including services authorized by 5 U.S.C. 3109, $14,000,000, to be
deposited into the Federal Citizen Information Center Fund: Provided,
That the appropriations, revenues, and collections deposited into the
Fund shall be available for necessary expenses of Federal Citizen
Information Center activities in the aggregate amount not to exceed
$21,000,000. Appropriations, revenues, and collections accruing to this
Fund during fiscal year 2004 in excess of $21,000,000 shall remain in
the Fund and shall not be available for expenditure except as
authorized in appropriations Acts.
United States Interagency Council on Homelessness
operating expenses
For necessary expenses (including payment of salaries, authorized
travel, hire of passenger motor vehicles, the rental of conference
rooms in the District of Columbia, and the employment of experts and
consultants under section 3109 of title 5, United States Code) of the
Interagency Council on the Homeless in carrying out the functions
pursuant to title II of the McKinney-Vento Homeless Assistance Act, as
amended, $1,500,000.
National Aeronautics and Space Administration
space flight capabilities
For necessary expenses, not otherwise provided for, in the conduct
and support of space flight capabilities research and development
activities, including research, development, operations, support and
services; maintenance; construction of facilities including repair,
rehabilitation, revitalization and modification of facilities,
construction of new facilities and additions to existing facilities,
facility planning and design, and acquisition or condemnation of real
property, as authorized by law; environmental compliance and
restoration; space flight, spacecraft control and communications
activities including operations, production, and services; program
management; personnel and related costs, including uniforms or
allowances therefor, as authorized by 5 U.S.C. 5901-5902; travel
expenses; purchase and hire of passenger motor vehicles; not to exceed
$35,000 for official reception and representation expenses; and
purchase, lease, charter, maintenance and operation of mission and
administrative aircraft, $7,582,100,000, to remain available until
September 30, 2005, of which no less than $3,968,000,000 shall be
available for activities related to the Space Shuttle and shall not be
available for transfer to any other program or account, and no more
than $1,507,000,000 shall be available for activities related to the
International Space Station.
science, aeronautics and exploration
(including transfer of funds)
For necessary expenses, not otherwise provided for, in the conduct
and support of science, aeronautics and exploration research and
development activities, including research, development, operations,
support and services; maintenance; construction of facilities including
repair, rehabilitation, revitalization, and modification of facilities,
construction of new facilities and additions to existing facilities,
facility planning and design, and restoration, and acquisition or
condemnation of real property, as authorized by law; environmental
compliance and restoration; space flight, spacecraft control and
communications activities including operations, production, and
services; program management; personnel and related costs, including
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
travel expenses; purchase and hire of passenger motor vehicles; not to
exceed $35,000 for official reception and representation expenses; and
purchase, lease, charter, maintenance and operation of mission and
administrative aircraft, $7,730,507,000, to remain available until
September 30, 2005, of which amounts as determined by the Administrator
for salaries and benefits; training, travel and awards; facility and
related costs; information technology services; science, engineering,
fabricating and testing services; and other administrative services may
be transferred to ``Space flight capabilities'' in accordance with
section 312(b) of the National Aeronautics and Space Act of 1958, as
amended by Public Law 106-377.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, as amended,
$26,300,000.
administrative provisions
Notwithstanding the limitation on the availability of funds
appropriated for ``Science, aeronautics and exploration'', or ``Space
flight capabilities'' by this appropriations Act, when any activity has
been initiated by the incurrence of obligations for construction of
facilities as authorized by law, such amount available for such
activity shall remain available until expended. This provision does not
apply to the amounts appropriated for institutional minor
revitalization and construction of facilities, and institutional
facility planning and design.
Notwithstanding the limitation on the availability of funds
appropriated for ``Science, aeronautics and exploration'', or ``Space
flight capabilities'' by this appropriations Act, the amounts
appropriated for construction of facilities shall remain available
until September 30, 2006.
From amounts made available in this Act for these activities, the
Administration may transfer amounts between aeronautics from the
``Science, aeronautics and exploration'' account to the ``Space flight
capabilities'' account, provided NASA meets all reprogramming
requirements.
Funds for announced prizes otherwise authorized shall remain
available, without fiscal year limitation, until the prize is claimed
or the offer is withdrawn.
NASA shall maintain a working capital fund in the United States
Treasury and report to the Congress on the status of this fund by
January 31, 2004. Amounts in the fund are available for financing
activities, services, equipment, information, and facilities as
authorized by law to be provided within the Administration; to other
agencies or instrumentalities of the United States; to any State,
Territory, or possession or political subdivision thereof; to other
public or private agencies; or to any person, firm, association,
corporation, or educational institution on a reimbursable basis. The
fund shall also be available for the purpose of funding capital
repairs, renovations, rehabilitation, sustainment, demolition, or
replacement of NASA real property, on a reimbursable basis within the
Administration. Amounts in the fund are available without regard to
fiscal year limitation. The capital of the fund consists of amounts
appropriated to the fund; the reasonable value of stocks of supplies,
equipment, and other assets and inventories on order that the
Administrator transfers to the fund, less the related liabilities and
unpaid obligations; and payments received for loss or damage to
property of the fund. The fund shall be reimbursed, in advance, for
supplies and services at rates that will approximate the expenses of
operation, such as the accrual of annual leave, depreciation of plant,
property and equipment, and overhead.
The unexpired balances of prior appropriations to NASA for
activities for which funds are provided under this Act may be
transferred to the new account established for the appropriation that
provides such activity under this Act. Balances so transferred may be
merged with funds in the newly established account and thereafter may
be accounted for as one fund under the same terms and conditions.
Notwithstanding any other provision of law, no funds under this Act
or any other Act may be used to compensate any person who contracts
with NASA who has otherwise chosen to retire early or has taken a buy-
out.
National Credit Union Administration
central liquidity facility
During fiscal year 2004, gross obligations of the Central Liquidity
Facility for the principal amount of new direct loans to member credit
unions, as authorized by 12 U.S.C. 1795 et seq., shall not exceed
$1,500,000,000: Provided, That administrative expenses of the Central
Liquidity Facility in fiscal year 2004 shall not exceed $310,000.
community development revolving loan fund
For the Community Development Revolving Loan Fund program as
authorized by 42 U.S.C. 9812, 9822 and 9910, $1,500,000 shall be
available: Provided, That of this amount $700,000, together with
amounts of principal and interest on loans repaid, is available until
expended for loans to community development credit unions, and $800,000
is available until September 30, 2005 for technical assistance to low-
income and community development credit unions.
National Science Foundation
research and related activities
For necessary expenses in carrying out the National Science
Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), and the Act
to establish a National Medal of Science (42 U.S.C. 1880-1881);
services as authorized by 5 U.S.C. 3109; maintenance and operation of
aircraft and purchase of flight services for research support;
acquisition of aircraft; and authorized travel; $4,220,610,000, of
which not to exceed $341,730,000 shall remain available until expended
for Polar research and operations support, and for reimbursement to
other Federal agencies for operational and science support and
logistical and other related activities for the United States Antarctic
program; the balance to remain available until September 30, 2005:
Provided, That receipts for scientific support services and materials
furnished by the National Research Centers and other National Science
Foundation supported research facilities may be credited to this
appropriation: Provided further, That to the extent that the amount
appropriated is less than the total amount authorized to be
appropriated for included program activities, all amounts, including
floors and ceilings, specified in the authorizing Act for those program
activities or their subactivities shall be reduced proportionally:
Provided further, That $90,000,000 of the funds available under this
heading shall be made available for a comprehensive research initiative
on plant genomes for economically significant crops.
major research equipment and facilities construction
For necessary expenses for the acquisition, construction,
commissioning, and upgrading of major research equipment, facilities,
and other such capital assets pursuant to the National Science
Foundation Act of 1950, as amended, including authorized travel,
$149,680,000, to remain available until expended.
education and human resources
For necessary expenses in carrying out science and engineering
education and human resources programs and activities pursuant to the
National Science Foundation Act of 1950, as amended (42 U.S.C. 1861-
1875), including services as authorized by 5 U.S.C. 3109, authorized
travel, and rental of conference rooms in the District of Columbia,
$975,870,000, to remain available until September 30, 2005: Provided,
That to the extent that the amount of this appropriation is less than
the total amount authorized to be appropriated for included program
activities, all amounts, including floors and ceilings, specified in
the authorizing Act for those program activities or their subactivities
shall be reduced proportionally.
salaries and expenses
For salaries and expenses necessary in carrying out the National
Science Foundation Act of 1950, as amended (42 U.S.C. 1861-1875);
services authorized by 5 U.S.C. 3109; hire of passenger motor vehicles;
not to exceed $9,000 for official reception and representation
expenses; uniforms or allowances therefor, as authorized by 5 U.S.C.
5901-5902; rental of conference rooms in the District of Columbia; and
reimbursement of the General Services Administration for security guard
services; $225,700,000: Provided, That contracts may be entered into
under ``Salaries and expenses'' in fiscal year 2004 for maintenance and
operation of facilities, and for other services, to be provided during
the next fiscal year.
office of the national science board
For necessary expenses (including payment of salaries, authorized
travel, hire of passenger motor vehicles, the rental of conference
rooms in the District of Columbia, and the employment of experts and
consultants under section 3109 of title 5, United States Code) involved
in carrying out section 4 of the National Science Foundation Act of
1950 (42 U.S.C. 1863) and Public Law 86-209 (42 U.S.C. 1880 et seq.),
$3,900,000: Provided, That not more than $9,000 shall be available for
official reception and representation expenses.
office of inspector general
For necessary expenses of the Office of Inspector General as
authorized by the Inspector General Act of 1978, as amended,
$10,000,000, to remain available until September 30, 2005.
Neighborhood Reinvestment Corporation
payment to the neighborhood reinvestment corporation
For payment to the Neighborhood Reinvestment Corporation for use in
neighborhood reinvestment activities, as authorized by the Neighborhood
Reinvestment Corporation Act (42 U.S.C. 8101-8107), $115,000,000, of
which $5,000,000 shall be for a multi-family rental housing program.
administrative provision
Section 605(a) of the Neighborhood Reinvestment Corporation Act (42
U.S.C. 8104) is amended by--
(1) striking out ``compensation'' and inserting ``salary'';
and striking out ``highest rate provided for GS-18 of the
General Schedule under section 5332 of title 5 United States
Code''; and inserting ``rate for level IV of the Executive
Schedule''; and
(2) inserting after the end the following sentence: ``The
Corporation shall also apply the provisions of section
5307(a)(1), (b)(1) and (b)(2) of title 5, United States Code,
governing limitations on certain pay as if its employees were
Federal employees receiving payments under title 5.''.
Selective Service System
salaries and expenses
For necessary expenses of the Selective Service System, including
expenses of attendance at meetings and of training for uniformed
personnel assigned to the Selective Service System, as authorized by 5
U.S.C. 4101-4118 for civilian employees; purchase of uniforms, or
allowances therefor, as authorized by 5 U.S.C. 5901-5902; hire of
passenger motor vehicles; services as authorized by 5 U.S.C. 3109; and
not to exceed $750 for official reception and representation expenses;
$26,308,000: Provided, That during the current fiscal year, the
President may exempt this appropriation from the provisions of 31
U.S.C. 1341, whenever the President deems such action to be necessary
in the interest of national defense: Provided further, That none of the
funds appropriated by this Act may be expended for or in connection
with the induction of any person into the Armed Forces of the United
States: Provided further, That none of the funds appropriated under
this heading may be used in direct support of the Corporation for
National and Community Service.
TITLE IV--GENERAL PROVISIONS
Sec. 401. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 402. No funds appropriated by this Act may be expended--
(1) pursuant to a certification of an officer or employee
of the United States unless--
(A) such certification is accompanied by, or is
part of, a voucher or abstract which describes the
payee or payees and the items or services for which
such expenditure is being made; or
(B) the expenditure of funds pursuant to such
certification, and without such a voucher or abstract,
is specifically authorized by law; and
(2) unless such expenditure is subject to audit by the
General Accounting Office or is specifically exempt by law from
such audit.
Sec. 403. None of the funds provided in this Act to any department
or agency may be obligated or expended for: (1) the transportation of
any officer or employee of such department or agency between the
domicile and the place of employment of the officer or employee, with
the exception of an officer or employee authorized such transportation
under 31 U.S.C. 1344 or 5 U.S.C. 7905; or (2) to provide a cook,
chauffeur, or other personal servants to any officer or employee of
such department or agency.
Sec. 404. None of the funds provided in this Act may be used for
payment, through grants or contracts, to recipients that do not share
in the cost of conducting research resulting from proposals not
specifically solicited by the Government: Provided, That the extent of
cost sharing by the recipient shall reflect the mutuality of interest
of the grantee or contractor and the Government in the research.
Sec. 405. None of the funds provided in this Act may be used,
directly or through grants, to pay or to provide reimbursement for
payment of the salary of a consultant (whether retained by the Federal
Government or a grantee) at more than the daily equivalent of the rate
paid for level IV of the Executive Schedule, unless specifically
authorized by law.
Sec. 406. None of the funds provided in this Act may be used to pay
the expenses of, or otherwise compensate, non-Federal parties
intervening in regulatory or adjudicatory proceedings. Nothing herein
affects the authority of the Consumer Product Safety Commission
pursuant to section 7 of the Consumer Product Safety Act (15 U.S.C.
2056 et seq.).
Sec. 407. Except as otherwise provided under existing law, or under
an existing Executive order issued pursuant to an existing law, the
obligation or expenditure of any appropriation under this Act for
contracts for any consulting service shall be limited to contracts
which are: (1) a matter of public record and available for public
inspection; and (2) thereafter included in a publicly available list of
all contracts entered into within 24 months prior to the date on which
the list is made available to the public and of all contracts on which
performance has not been completed by such date. The list required by
the preceding sentence shall be updated quarterly and shall include a
narrative description of the work to be performed under each such
contract.
Sec. 408. Except as otherwise provided by law, no part of any
appropriation contained in this Act shall be obligated or expended by
any executive agency, as referred to in the Office of Federal
Procurement Policy Act (41 U.S.C. 401 et seq.), for a contract for
services unless such executive agency: (1) has awarded and entered into
such contract in full compliance with such Act and the regulations
promulgated thereunder; and (2) requires any report prepared pursuant
to such contract, including plans, evaluations, studies, analyses and
manuals, and any report prepared by the agency which is substantially
derived from or substantially includes any report prepared pursuant to
such contract, to contain information concerning: (A) the contract
pursuant to which the report was prepared; and (B) the contractor who
prepared the report pursuant to such contract.
Sec. 409. (a) It is the sense of the Congress that, to the greatest
extent practicable, all equipment and products purchased with funds
made available in this Act should be American-made.
(b) In providing financial assistance to, or entering into any
contract with, any entity using funds made available in this Act, the
head of each Federal agency, to the greatest extent practicable, shall
provide to such entity a notice describing the statement made in
subsection (a) by the Congress.
Sec. 410. None of the funds appropriated in this Act may be used to
implement any cap on reimbursements to grantees for indirect costs,
except as published in Office of Management and Budget Circular A-21.
Sec. 411. Such sums as may be necessary for fiscal year 2004 pay
raises for programs funded by this Act shall be absorbed within the
levels appropriated in this Act.
Sec. 412. None of the funds made available in this Act may be used
for any program, project, or activity, when it is made known to the
Federal entity or official to which the funds are made available that
the program, project, or activity is not in compliance with any Federal
law relating to risk assessment, the protection of private property
rights, or unfunded mandates.
Sec. 413. Except in the case of entities that are funded solely
with Federal funds or any natural persons that are funded under this
Act, none of the funds in this Act shall be used for the planning or
execution of any program to pay the expenses of, or otherwise
compensate, non-Federal parties to lobby or litigate in respect to
adjudicatory proceedings funded in this Act. A chief executive officer
of any entity receiving funds under this Act shall certify that none of
these funds have been used to engage in the lobbying of the Federal
Government or in litigation against the United States unless authorized
under existing law.
Sec. 414. No part of any funds appropriated in this Act shall be
used by an agency of the executive branch, other than for normal and
recognized executive-legislative relationships, for publicity or
propaganda purposes, and for the preparation, distribution or use of
any kit, pamphlet, booklet, publication, radio, television or film
presentation designed to support or defeat legislation pending before
the Congress, except in presentation to the Congress itself.
Sec. 415. All Departments and agencies funded under this Act are
encouraged, within the limits of the existing statutory authorities and
funding, to expand their use of ``E-Commerce'' technologies and
procedures in the conduct of their business practices and public
service activities.
Sec. 416. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government that is established after the date of the enactment
of this Act, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriation Act.
Sec. 417. None of the funds provided in this Act to any department
or agency shall be obligated or expended to procure passenger
automobiles as defined in 15 U.S.C. 2001 with an EPA estimated miles
per gallon average of less than 22 miles per gallon.
This Act may be cited as the ``Departments of Veterans Affairs and
Housing and Urban Development, and Independent Agencies Appropriations
Act, 2004''.
Calendar No. 273
108th CONGRESS
1st Session
S. 1584
[Report No. 108-143]
_______________________________________________________________________
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, 2004, and for other purposes.
_______________________________________________________________________
September 5, 2003
Read twice and placed on the calendar