[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2861 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                                     November 18, 2003.
    Resolved, That the bill from the House of Representatives (H.R. 
2861) entitled ``An Act making appropriations for the Departments of 
Veterans Affairs and Housing and Urban Development, and for sundry 
independent agencies, boards, commissions, corporations, and offices 
for the fiscal year ending September 30, 2004, and for other 
purposes.'', do pass with the following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

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.

                    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.
    Sec. 116. Notwithstanding paragraph (2) of section 8163(c) of title 
38, United States Code, the Secretary of Veterans Affairs may enter 
into an enhanced-use lease with the Medical University Hospital 
Authority, a public authority of the State of South Carolina, for 
approximately 0.48 acres of underutilized property at the Charleston 
Department of Veterans Affairs Medical Center, Charleston, South 
Carolina, at any time after 30 days after the date of the submittal of 
the notice required by paragraph (1) of that section with respect to 
such property. The Secretary is not required to submit a report on the 
lease as otherwise required by paragraph (4) of that section.
    Sec. 117. Notwithstanding any other provision of law, the Secretary 
of Veterans Affairs shall make the North Chicago VA Medical Center 
available to the Navy to the maximum extent feasible. The Secretary 
shall report to the Senate Appropriations Committee by June 30, 2004, 
regarding the progress in modifying North Chicago VA Medical Center's 
surgical suite and emergency and urgent care centers for use by 
veterans and Department of Defense beneficiaries. Further, the 
Secretary shall consider having the new joint VA/Navy ambulatory care 
center to serve both veterans and Department of Defense beneficiaries 
sited on or adjacent to the North Chicago VA Medical Center and shall 
consult with the Secretary of the Navy to select the site for the 
center. The Secretary of Veterans Affairs shall report to the Senate 
Appropriations Committee on the site selection by June 30, 2004.
    Sec. 118. (a) Treatment of Pioneer Homes in Alaska as State Home 
for Veterans.--The Secretary of Veterans Affairs may--
            (1) treat the Pioneer Homes in the State of Alaska 
        collectively as a single State home for veterans for purposes 
        of section 1741 of title 38, United States Code; and
            (2) make per diem payments to the State of Alaska for care 
        provided to veterans in the Pioneer Homes in accordance with 
        the provisions of that section.
    (b) Treatment Notwithstanding Non-Veteran Residency.--The Secretary 
shall treat the Pioneer Homes as a State home under subsection (a) 
notwithstanding the residency of non-veterans in one or more of the 
Pioneer Homes.
    (c) Pioneer Homes Defined.--In this section, the term ``Pioneer 
Homes'' means the six regional homes in the State of Alaska known as 
Pioneer Homes, which are located in the following:
            (1) Anchorage, Alaska.
            (2) Fairbanks, Alaska.
            (3) Juneau, Alaska.
            (4) Ketchikan, Alaska.
            (5) Palmer, Alaska.
            (6) Sitka, Alaska.
    Sec. 119. (a) Findings on Access to Primary Health Care of Veterans 
in Rural Areas.--The Senate makes the following findings:
            (1) The Secretary of Veterans Affairs has appointed a 
        commission, called the Capital Asset Realignment for Enhanced 
        Services (CARES) Commission, and directed it to make specific 
        recommendations regarding the realignment and allocation of 
        capital assets necessary to meet the demand for veterans health 
        care services over the next 20 years.
            (2) The Department of Veterans Affairs accessibility 
        standard for primary health care provides that at least 70 
        percent of the veterans enrolled in each of the regional 
        ``markets'' of the Department should live within a specified 
        driving time of a Department primary care facility. That 
        driving time is 30 minutes for veterans living in urban and 
        rural areas and 60 minutes for veterans living in highly rural 
        areas.
            (3) The Draft National CARES Plan issued by the Under 
        Secretary for Health would place veterans in 18 rural and 
        highly rural regional markets outside the Department 
        accessibility standard for primary health care until at least 
        fiscal year 2022, which means that thousands of veterans will 
        have to continuing traveling up to 3-4 hours each way to visit 
        a Department primary care facility.
            (4) The 18 rural and highly rural markets that will remain 
        outside the Department accessibility standard for primary 
        health care comprise all or parts of Arkansas, Idaho, Illinois, 
        Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Minnesota, 
        Mississippi, Missouri, Montana, Nebraska, North Carolina, North 
        Dakota, Ohio, Oklahoma, Oregon, South Dakota, Tennessee, Texas, 
        Virginia, Washington, and West Virginia.
            (5) Health care facilities for veterans are 
        disproportionately needed in rural and highly rural areas 
        because the residents of such areas are generally older, 
        poorer, and sicker than their urban counterparts.
    (b) Sense of Senate.--It is the sense of the Senate that--
            (1) the CARES Commission should give as much attention to 
        solving the special needs of veterans who live in rural areas 
        as it does to providing for the health care needs of veterans 
        living in more highly populated areas;
            (2) the CARES Commission should reject the portions of the 
        Draft National CARES Plan that would prevent any regional 
        market of the Department from complying with the Department 
        accessibility standard for primary health care, which provides 
        that at least 70 percent of the veterans residing in each 
        market be within specified driving times of a Department 
        primary care facility; and
            (3) the CARES Commission should recommend to the Secretary 
        the investments and initiatives that are necessary to achieve 
        the Department accessibility standard for primary health care 
        in each of the rural and highly rural health care markets of 
        the Department.
    Sec. 120. Not later than 120 days after the date of the enactment 
of this Act, the Secretary of Veterans Affairs shall enter into an 
agreement with the Institute of Medicine of the National Academy of 
Sciences under which agreement the Institute of Medicine shall develop 
and evaluate epidemiological studies on Vietnam veterans in accordance 
with the recommendations of the 2003 National Academy of Sciences 
report entitled ``Characterizing Exposure of Veterans to Agent Orange 
and Other Herbicides Used in Vietnam: Interim Findings and 
Recommendations''.
    Sec. 121. No funds appropriated or otherwise made available for the 
Department of Veterans Affairs by this Act or any other Act may be 
obligated or expended to implement the policy contained in the 
memorandum of the Department of Veterans Affairs dated July 18, 2002, 
from the Deputy Under Secretary for Health for Operations and 
Management with the subject ``Status of VHA Enrollment and Associated 
Issues'' or any other policy prohibiting the Directors of the Veterans 
Integrated Service Networks (VISNs) from conducting outreach or 
marketing to enroll new veterans within their Networks.

         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, $1,111,530,000, 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, $39,915,000, to remain available 
until expended, to be derived from the Federal Housing Enterprise 
Oversight Fund: Provided, That not less than 60 percent of the total 
amount made available under this heading shall be used for licensed 
audit personnel and audit support: Provided further, That an additional 
$10,000,000 shall be made available until expended, to be derived from 
the Federal Housing Enterprise Oversight Fund only upon a certification 
by the Secretary of the Treasury that these funds are necessary to meet 
an emergency need: Provided further, That not to exceed such amounts 
shall be available from the general fund of the Treasury to the extent 
necessary to incur obligations and make expenditures pending the 
receipt of collections to the Fund: Provided further, That the general 
fund amount shall be reduced as collections are received during the 
fiscal year so as to result in a final appropriation from the general 
fund estimated at not more than $0.

                       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''.
    Sec. 226. Native American Housing. Of the amounts made available to 
carry out the Native American Housing Assistance and Self-Determination 
Act of 1996 (25 U.S.C. 4101 et seq.) for fiscal year 2004, there shall 
be made available to each grant recipient the same percentage of 
funding as each recipient received for fiscal year 2003.
    Sec. 227. Rural Teacher Housing. Section 307 of the Denali 
Commission Act of 1998 (42 U.S.C. 3121 note) is amended by adding at 
the end the following:
    ``(e) Rural Teacher Housing.--The Commission may make grants and 
loans to public school districts serving remote incorporated cities and 
unincorporated communities in Alaska (including Alaska Native Villages) 
with a population of 6,500 or fewer persons for expenses associated 
with the construction, purchase, lease, and rehabilitation of housing 
units in such cities and communities. Unless otherwise authorized by 
the Commission, such units may be occupied only by teachers, school 
administrators, and other school staff (including members of their 
households).''.
    Sec. 228. The Secretary of Housing and Urban Development shall 
conduct negotiated rulemaking with representatives from interested 
parties for purposes of any changes to the formula governing the Public 
Housing Operating Fund. A final rule shall be issued no later than July 
31, 2004.

                    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: Provided 
further, That, for fiscal year 2004 and every year thereafter, the 
Corporation shall make any significant changes to program requirements 
or policy only through public notice and comment rulemaking:  Provided 
further, That, for fiscal year 2004 and every year thereafter, during 
any grant selection process, no officer or employee of the Corporation 
shall knowingly disclose any covered grant selection information 
regarding such selection, directly or indirectly, to any person other 
than an officer or employee of the Corporation that is authorized by 
the Corporation to receive such information: Provided further, That the 
Corporation shall offer any individual selected after October 31, 2002, 
for initial enrollment or reenrollment as a VISTA volunteer under title 
I of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4951 et 
seq.) the option of receiving a national service educational award 
under subtitle D of title I of the National and Community Service Act 
of 1990 (42 U.S.C. 12601 et seq.)'' after ``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 theSmall Business 
Liability Relief and Brownfields Revitalization Act of 2002, of which, 
in addition to any other amounts provided under this heading for the 
Office of Enforcement and Compliance Assurance, $5,400,000 shall be 
made available for that office.

                      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.
    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) of the Clean Air Act (42 U.S.C. 7543(e)(1)) is 
amended by--
            (1) striking the words ``either of''; and
            (2) in subparagraph (A), adding before the period at the 
        end the following: ``, and any new spark-ignition engines 
        smaller than 50 horsepower''.
Not later than December 1, 2004, the Administrator of the Environmental 
Protection Agency shall propose regulations containing new standards 
applicable to emissions from new nonroad spark-ignition engines smaller 
than 50 horsepower.

     designations of areas for pm<INF>2.5</INF> and submission of 
                implementation plans for regional haze.

    (a) In General.--Section 107(d) of the Clean Air Act (42 U.S.C. 
7407(d)) is amended by adding at the end the following:
            ``(6) Designations.--
                    ``(A) Submission.--Notwithstanding any other 
                provision of law, not later than February 15, 2004, the 
                Governor of each State shall submit designations 
                referred to in paragraph (1) for the July 1997 
                PM<INF>2.5</INF> national ambient air quality standards 
                for each area within the State, based on air quality 
                monitoring data collected in accordance with any 
                applicable Federal reference methods for the relevant 
                areas.
                    ``(B) Promulgation.--Notwithstanding any other 
                provision of law, not later than December 31, 2004, the 
                Administrator shall, consistent with paragraph (1), 
                promulgate the designations referred to in subparagraph 
                (A) for each area of each State for the July 1997 
                PM<INF>2.5</INF> national ambient air quality 
                standards.
            ``(7) Implementation plan for regional haze.--
                    ``(A) In general.--Notwithstanding any other 
                provision of law, not later than 3 years after the date 
                on which the Administrator promulgates the designations 
                referred to in paragraph (6)(B) for a State, the State 
                shall submit, for the entire State, the State 
                implementation plan revisions to meet the requirements 
                promulgated by the Administrator under section 
                169B(e)(1) (referred to in this paragraph as `regional 
                haze requirements').
                    ``(B) No preclusion of other provisions.--Nothing 
                in this paragraph precludes the implementation of the 
                agreements and recommendations stemming from the Grand 
                Canyon Visibility Transport Commission Report dated 
                June 1996, including the submission of State 
                implementation plan revisions by the States of Arizona, 
                California, Colorado, Idaho, Nevada, New Mexico, 
                Oregon, Utah, or Wyoming by December 31, 2003, for 
                implementation of regional haze requirements applicable 
                to those States.''.
    (b) Relationship to Transportation Equity Act for the 21st 
Century.--Except as provided in paragraphs (6) and (7) of section 
107(d) of the Clean Air Act (as added by subsection (a)), section 6101, 
subsections (a) and (b) of section 6102, and section 6103 of the 
Transportation Equity Act for the 21st Century (42 U.S.C. 7407 note; 
112 Stat. 463), as in effect on the day before the date of enactment of 
this Act, shall remain in effect.

                   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.
    Sec. 418. Sense of the Senate. (a) Findings.--The Senate finds 
that--
            (1) 30 percent of American families have housing 
        affordability problems, with 14,300,000 families paying more 
        than half of their income for housing costs, and 17,300,000 
        families paying 30 to 50 percent of their income towards 
        housing costs;
            (2) 9,300,000 American families live in housing that is 
        overcrowded or distressed;
            (3) 3,500,000 households in the United States will 
        experience homelessness at some point this year, including 
        1,350,000 children;
            (4) the number of working families who are unable to afford 
        adequate housing is increasing, as the gap between wages and 
        housing costs grows;
            (5) there is no county or metropolitan area in the country 
        where a minimum wage earner can afford to rent a modest 2-
        bedroom apartment, and on average, a family must earn over $15 
        an hour to afford modest rental housing, which is almost 3 
        times the minimum wage;
            (6) section 8 housing vouchers help approximately 2,000,000 
        families with children, senior citizens, and disabled 
        individuals afford a safe and decent place to live;
            (7) utilization of vouchers is at a high of 96 percent, and 
        is on course to rise to 97 percent in fiscal year 2004, 
        according to data provided by the Department of Housing and 
        Urban Development;
            (8) the average cost per voucher has also steadily 
        increased from just over $6,400 in August of 2002, to $6,756 in 
        April, 2003, due largely to rising rents in the private market, 
        and the Congressional Budget Office estimates that the cost per 
        voucher in fiscal year 2004 will be $7,028, $560 more per 
        voucher than the estimate contained in the fiscal year 2004 
        budget request; and
            (9) the congressionally appointed, bipartisan Millennial 
        Housing Commission found that housing vouchers are ``the 
        linchpin of a national housing policy providing very low-income 
        renters access to privately-owned housing stock''.
    (b) Sense of the Senate.--It is the sense of the Senate that--
            (1) housing vouchers are a critical resource in ensuring 
        that families in America can afford safe, decent, and adequate 
        housing;
            (2) public housing agencies must retain the ability to use 
        100 percent of their authorized vouchers to help house low-
        income families; and
            (3) the Senate expects the Department of Housing and Urban 
        Development to take all necessary actions to encourage full 
        utilization of vouchers, and to use all legally available 
        resources as needed to support full funding for housing 
        vouchers in fiscal year 2004, so that every voucher can be used 
        by a family in need.
    Sec. 419. Section 106(d) of the Housing and Community Development 
Act of 1974 (42 U.S.C. 5306(d)) is amended--
            (1) in paragraph (3)(A), by striking ``shall not exceed 2 
        percent'' and inserting ``shall not, subject to paragraph (6), 
        exceed 3 percent'';
            (2) in paragraph (5), by striking ``not to exceed 1 
        percent'' and inserting ``subject to paragraph (6), not to 
        exceed 3 percent'';
            (3) by redesignating the second paragraph (5) and paragraph 
        (6) as paragraphs (7) and (8), respectively; and
            (4) by inserting after paragraph (5) the following:
            ``(6) Of the amounts received under paragraph (1), the 
        State may deduct not more than an aggregate total of 3 percent 
        of such amounts for--
                    ``(A) administrative expenses under paragraph 
                (3)(A); and
                    ``(B) technical assistance under paragraph (5).''.
    Sec. 420. Sewer Overflow Control Grants. Section 221 of the Federal 
Water Pollution Control Act (33 U.S.C. 1301) is amended--
            (1) in subsection (f), by striking ``2002 and 2003'' and 
        inserting ``2005 and 2006'';
            (2) in subsection (g)(1)--
                    (A) in the paragraph heading, by striking ``2002'' 
                and inserting ``2005''; and
                    (B) by striking ``2002'' and inserting ``2005'';
            (3) in subsection (g)(2)--
                    (A) in the paragraph heading, by striking ``2003'' 
                and inserting ``2006''; and
                    (B) by striking ``2003'' and inserting ``2006''; 
                and
            (4) in subsection (i), by striking ``2003'' and inserting 
        ``2006''.
    Sec. 421. (a) Congress makes the following findings:
            (1) During Operation Desert Shield and Operation Desert 
        Storm (in this section, collectively referred to as the ``First 
        Gulf War''), the regime of Saddam Hussein committed grave human 
        rights abuses and acts of terrorism against the people of Iraq 
        and citizens of the United States.
            (2) United States citizens who were taken prisoner by the 
        regime of Saddam Hussein during the First Gulf War were 
        brutally tortured and forced to endure severe physical trauma 
        and emotional abuse.
            (3) The regime of Saddam Hussein used civilian citizens of 
        the United States who were working in the Persian Gulf region 
        before and during the First Gulf War as so-called human 
        shields, threatening the personal safety and emotional well-
        being of such civilians.
            (4) Congress has recognized and authorized the right of 
        United States citizens, including prisoners of war, to hold 
        terrorist states, such as Iraq during the regime of Saddam 
        Hussein, liable for injuries caused by such states.
            (5) The United States district courts are authorized to 
        adjudicate cases brought by individuals injured by terrorist 
        states.
    (b) It is the sense of Congress that--
            (1) notwithstanding section 1503 of the Emergency Wartime 
        Supplemental Appropriations Act, 2003 (Public Law 108-11; 117 
        Stat. 579) and any other provision of law, a citizen of the 
        United States who was a prisoner of war or who was used by the 
        regime of Saddam Hussein and by Iraq as a so-called human 
        shield during the First Gulf War should have the opportunity to 
        have any claim for damages caused by the regime of Saddam 
        Hussein and by Iraq incurred by such citizen fully adjudicated 
        in the appropriate United States district court;
            (2) any judgment for such damages awarded to such citizen, 
        or the family of such citizen, should be fully enforced; and
            (3) the Attorney General should enter into negotiations 
        with each such citizen, or the family of each such citizen, to 
        develop a fair and reasonable method of providing compensation 
        for the damages each such citizen incurred, including using 
        assets of the regime of Saddam Hussein held by the Government 
        of the United States or any other appropriate sources to 
        provide such compensation.
    Sec. 422. None of the funds provided in this Act may be expended to 
apply, in a numerical estimate of the benefits of an agency action 
prepared pursuant to Executive Order 12866 or section 812 of the Clean 
Air Act, monetary values for adult premature mortality that differ 
based on the age of the adult.
    Sec. 423. Extension of Certain Public Housing/Section 8 Moving to 
Work Demonstration Agreements. (a) Extension.--The Secretary of Housing 
and Urban Development shall extend the term of the Moving to Work 
Demonstration Agreement entered into between a public housing agency 
and the Secretary under section 204, title V, of the Omnibus 
Consolidated Rescissions and Appropriations Act of 1996 (Public Law 
104-134, April 26, 1996) if--
            (1) the public housing agency requests such extension in 
        writing;
            (2) the public housing agency is not at the time of such 
        request for extension in default under its Moving to Work 
        Demonstration Agreement; and
            (3) the Moving to Work Demonstration Agreement to be 
        extended would otherwise expire on or before December 31, 2004.
    (b) Terms.--Unless the Secretary of Housing and Urban Development 
and the public housing agency otherwise agree, the extension under 
subsection (a) shall be upon the identical terms and conditions set 
forth in the extending agency's existing Moving to Work Demonstration 
Agreement, except that for each public housing agency that has been or 
will be granted an extension to its original Moving to Work agreement, 
the Secretary shall require that data be collected so that the effect 
of Moving to Work policy changes on residents can be measured.
    (c) Extension Period.--The extension under subsection (a) shall be 
for such period as is requested by the public housing agency, not to 
exceed 3 years from the date of expiration of the extending agency's 
existing Moving to Work Demonstration Agreement.
    (d) Breach of Agreement.--Nothing contained in this section shall 
limit the authority of the Secretary of Housing and Urban Development 
to terminate any Moving to Work Demonstration Agreement of a public 
housing agency if the public housing agency is in breach of the 
provisions of such agreement.
    Sec. 424. Study of Moving to Work Program. (a) In General.--The 
General Accounting Office shall conduct a study of the Moving to Work 
demonstration program to evaluate--
            (1) whether the statutory goals of the Moving to Work 
        demonstration program are being met;
            (2) the effects policy changes related to the Moving to 
        Work demonstration program have had on residents; and
            (3) whether public housing agencies participating in the 
        Moving to Work program are meeting the requirements of the 
        Moving to Work demonstration program under law and any 
        agreements with the Department of Housing and Urban 
        Development.
    (b) Report.--Not later than 18 months after the date of enactment 
of this Act, the General Accounting Office shall submit to Congress a 
report on the study conducted under subsection (a).
    Sec. 425. National Academy of Sciences Study. The matter under the 
heading ``administrative provisions'' under the heading ``Environmental 
Protection Agency'' in title III of division K of section 2 of the 
Consolidated Appropriations Resolution, 2003 (117 Stat. 513), is 
amended--
            (1) in the first sentence of the fifth undesignated 
        paragraph (beginning ``As soon as''), by inserting before the 
        period at the end the following: ``, and the impact of the 
        final rule entitled `Prevention of Significant Deterioration 
        (PSD) and Nonattainment New Source Review (NSR): Equipment 
        Replacement Provision of the Routine Maintenance, Repair and 
        Replacement Exclusion', amending parts 51 and 52 of title 40, 
        Code of Federal Regulations, and published in electronic docket 
        OAR-2002-0068 on August 27, 2003''; and
            (2) in the sixth undesignated paragraph (beginning ``The 
        National Academy of Sciences''), by striking ``March 3, 2004'' 
        and inserting ``January 1, 2005''.
    Sec. 426. There shall be made available $500,000 to the Secretary 
of Housing and Urban Development for the purposes of making the grant 
authorized under section 3 of the Paul and Sheila Wellstone Center for 
Community Building Act.

                  TITLE V--PESTICIDE PRODUCTS AND FEES

    Sec. 501. Pesticide Registration. (a) Short Title.--This title may 
be cited as the ``Pesticide Registration Improvement Act of 2003''.
    (b) Registration Requirements for Antimicrobial Pesticides.--
Section 3(h) of the Federal Insecticide, Fungicide, and Rodenticide Act 
(7 U.S.C. 136a(h)) is amended--
            (1) in paragraph (2)(F), by striking ``90 to 180 days'' and 
        inserting ``120 days''; and
            (2) in paragraph (3)--
                    (A) in subparagraph (D)(vi), by striking ``240 
                days'' and inserting ``120 days''; and
                    (B) in subparagraph (F), by adding at the end the 
                following:
                            ``(iv) Limitation.--Notwithstanding clause 
                        (ii), the failure of the Administrator to 
                        notify an applicant for an amendment to a 
                        registration for an antimicrobial pesticide 
                        shall not be judicially reviewable in a Federal 
                        or State court if the amendment requires 
                        scientific review of data within--
                                    ``(I) the time period specified in 
                                subparagraph (D)(vi), in the absence of 
                                a final regulation under subparagraph 
                                (B); or
                                    ``(II) the time period specified in 
                                paragraph (2)(F), if adopted in a final 
                                regulation under subparagraph (B).''.
    (c) Maintenance Fees.--
            (1) Amounts for registrants.--Section 4(i)(5) of the 
        Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 
        136a-1(i)(5)) is amended--
                    (A) in subparagraph (A)--
                            (i) by striking ``(A) Subject'' and 
                        inserting the following:
                    ``(A) In general.--Subject''; and
                            (ii) by striking ``of--'' and all that 
                        follows through ``additional registration'' and 
                        inserting ``for each registration'';
                    (B) in subparagraph (D)--
                            (i) by striking ``(D) The'' and inserting 
                        the following:
                    ``(D) Maximum amount of fees for registrants.--
                The'';
                            (ii) in clause (i), by striking ``shall be 
                        $55,000; and'' and inserting ``shall be--
                            ``(I) for fiscal year 2004, $84,000;
                            ``(II) for each of fiscal years 2005 and 
                        2006, $87,000;
                            ``(III) for fiscal year 2007, $68,000; and
                            ``(IV) for fiscal year 2008, $55,000; 
                        and''; and
                            (iii) in clause (ii), by striking ``shall 
                        be $95,000.'' and inserting ``shall be--
                            ``(I) for fiscal year 2004, $145,000;
                            ``(II) for each of fiscal years 2005 and 
                        2006, $151,000;
                            ``(III) for fiscal year 2007, $117,000; and
                            ``(IV) for fiscal year 2008, $95,000.''; 
                        and
                    (C) in subparagraph (E)--
                            (i) by striking ``(E)(i) For'' and 
                        inserting the following:
                    ``(E) Maximum amount of fees for small 
                businesses.--
                            ``(i) In general.--For'';
                            (ii) by indenting the margins of subclauses 
                        (I) and (II) of clause (i) appropriately; and
                            (iii) in clause (i)--
                                    (I) subclause (I), by striking 
                                ``shall be $38,500; and'' and inserting 
                                ``shall be--
                                            ``(aa) for fiscal year 
                                        2004, $59,000;
                                            ``(bb) for each of fiscal 
                                        years 2005 and 2006, $61,000;
                                            ``(cc) for fiscal year 
                                        2007, $48,000; and
                                            ``(dd) for fiscal year 
                                        2008, $38,500; and''; and
                                    (II) in subclause (II), by striking 
                                ``shall be $66,500.'' and inserting 
                                ``shall be--
                                            ``(aa) for fiscal year 
                                        2004, $102,000;
                                            ``(bb) for each of fiscal 
                                        years 2005 and 2006, $106,000;
                                            ``(cc) for fiscal year 
                                        2007, $82,000; and
                                            ``(dd) for fiscal year 
                                        2008, $66,500.''.
            (2) Total amount of fees.--Section 4(i)(5)(C) of the 
        Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 
        136(a)-1(i)(5)(C)) is amended--
                    (A) by striking ``(C)(i) The'' and inserting the 
                following:
                    ``(C) Total amount of fees.--The''; and
                    (B) by striking ``aggregate amount'' and all that 
                follows through clause (ii) and inserting ``aggregate 
                amount of--
                            ``(i) for fiscal year 2004, $26,000,000;
                            ``(ii) for fiscal year 2005, $27,000,000;
                            ``(iii) for fiscal year 2006, $27,000,000;
                            ``(iv) for fiscal year 2007, $21,000,000; 
                        and
                            ``(v) for fiscal year 2008, $15,000,000.''.
            (3) Definition of small business.--Section 4(i)(5)(E)(ii) 
        of the Federal Insecticide, Fungicide, and Rodenticide Act (7 
        U.S.C. 136a-1(i)(5)(E)(ii)) is amended--
                    (A) by redesignating subclauses (I) and (II) as 
                items (aa) and (bb), respectively, and indenting the 
                margins appropriately;
                    (B) by striking ``(ii) For purposes of'' and 
                inserting the following:
                            ``(ii) Definition of small business.--
                                    ``(I) In general.--In'';
                    (C) in item (aa) (as so redesignated), by striking 
                ``150'' and inserting ``500'';
                    (D) in item (bb) (as so redesignated), by striking 
                ``gross revenue from chemicals that did not exceed 
                $40,000,000.'' and inserting ``global gross revenue 
                from pesticides that did not exceed $60,000,000.''; and
                    (E) by adding at the end the following:
                                    ``(II) Affiliates.--
                                            ``(aa) In general.--In the 
                                        case of a business entity with 
                                        1 or more affiliates, the gross 
                                        revenue limit under subclause 
                                        (I)(bb) shall apply to the 
                                        gross revenue for the entity 
                                        and all of the affiliates of 
                                        the entity, including parents 
                                        and subsidiaries, if 
                                        applicable.
                                            ``(bb) Affiliated 
                                        persons.--For the purpose of 
                                        item (aa), persons are 
                                        affiliates of each other if, 
                                        directly or indirectly, either 
                                        person controls or has the 
                                        power to control the other 
                                        person, or a third person 
                                        controls or has the power to 
                                        control both persons.
                                            ``(cc) Indicia of 
                                        control.--For the purpose of 
                                        item (aa), indicia of control 
                                        include interlocking management 
                                        or ownership, identity of 
                                        interests among family members, 
                                        shared facilities and 
                                        equipment, and common use of 
                                        employees.''.
            (4) Extension of authority for collecting maintenance 
        fees.--Section 4(i)(5)(H) of the Federal Insecticide, 
        Fungicide, and Rodenticide Act (7 U.S.C. 136a-1(i)(5)(H)) is 
        amended by striking ``2003'' and inserting ``2008''.
            (5) Reregistration and other activities.--Section 4(g)(2) 
        of the Federal Insecticide, Fungicide and Rodenticide Act (7 
        U.S.C. 136a-1(g)(2)) is amended--
                    (A) by striking subparagraph (A) and inserting the 
                following:
                    ``(A) In general.--The Administrator shall make a 
                determination as to eligibility for reregistration--
                            ``(i) for all active ingredients subject to 
                        reregistration under this section for which 
                        tolerances or exemptions from tolerances are 
                        required under the Federal Food, Drug, and 
                        Cosmetic Act (21 U.S.C. 301 et seq.), not later 
                        than the last date for tolerance reassessment 
                        established under section 408(q)(1)(C) of that 
                        Act (21 U.S.C. 346a(q)(1)(C)); and
                            ``(ii) for all other active ingredients 
                        subject to reregistration under this section, 
                        not later than October 3, 2008.'';
                    (B) in subparagraph (B)--
                            (i) by striking ``(B) Before'' and 
                        inserting the following:
                    ``(B) Product-specific data.--
                            ``(i) In general.--Before'';
                            (ii) by striking ``The Administrator'' and 
                        inserting the following:
                            ``(ii) Timing.--
                                    ``(I) In general.--Subject to 
                                subclause (II), the Administrator''; 
                                and
                            (iii) by adding at the end the following:
                                    ``(II) Extraordinary 
                                circumstances.--In the case of 
                                extraordinary circumstances, the 
                                Administrator may provide such a longer 
                                period, of not more than 2 additional 
                                years, for submission of data to the 
                                Administrator under this 
                                subparagraph.''; and
                    (C) in subparagraph (D)--
                            (i) by striking ``(D) If'' and inserting 
                        the following:
                    ``(D) Determination to not reregister.--
                            ``(i) In general.--If''; and
                            (ii) by adding at the end the following:
                            ``(ii) Timing for regulatory action.--
                        Regulatory action under clause (i) shall be 
                        completed as expeditiously as possible.''.
    (d) Other Fees.--
            (1) In general.--Section 4(i)(6) of the Federal 
        Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a-
        1(i)(6)) is amended--
                    (A) by striking ``During'' and inserting ``Except 
                as provided in section 33, during''; and
                    (B) by striking ``2003'' and inserting ``2010''.
            (2) Tolerance fees.--Notwithstanding section 408(m)(1) of 
        the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
        346a(m)(1)), during the period beginning on October 1, 2003, 
        and ending on September 30, 2008, the Administrator of the 
        Environmental Protection Agency shall not collect any tolerance 
        fees under that section.
    (e) Expedited Processing of Similar Applications.--Section 4(k)(3) 
of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 
136a-1(k)(3)) is amended--
            (1) in the paragraph heading, by striking ``Expedited'' and 
        inserting ``Review of inert ingredients; expedited''; and
            (2) in subparagraph (A)--
                    (A) by striking ``1997'' and all that follows 
                through ``of the maintenance fees'' and inserting 
                ``2004 through 2006, approximately $3,300,000, and for 
                each of fiscal years 2007 and 2008, between \1/8\ and 
                \1/7\, of the maintenance fees'';
                    (B) by redesignating clauses (i), (ii), and (iii) 
                as subclauses (I), (II) and (III), respectively, and 
                indenting appropriately; and
                    (C) by striking ``resources to assure the expedited 
                processing and review of any application that'' and 
                inserting ``resources--
                            ``(i) to review and evaluate new inert 
                        ingredients; and
                            ``(ii) to ensure the expedited processing 
                        and review of any application
                        that--''.
    (f) Pesticide Registration Service Fees.--The Federal Insecticide, 
Fungicide, and Rodenticide Act (7 U.S.C. 136a et seq.) is amended--
            (1) by redesignating sections 33 and 34 (7 U.S.C. 136x, 
        136y) as sections 34 and 35, respectively; and
            (2) by inserting after section 32 (7 U.S.C. 136w-7) the 
        following:

``SEC. 33. PESTICIDE REGISTRATION SERVICE FEES.

    ``(a) Definition of Costs.--In this section, the term `costs', when 
used with respect to review and decisionmaking pertaining to an 
application for which registration service fees are paid under this 
section, means--
            ``(1) costs to the extent that--
                    ``(A) officers and employees provide direct support 
                for the review and decisionmaking for covered pesticide 
                applications, associated tolerances, and corresponding 
                risk and benefits information and analyses;
                    ``(B) persons and organizations under contract with 
                the Administrator engage in the review of the 
                applications, and corresponding risk and benefits 
                information and assessments; and
                    ``(C) advisory committees and other accredited 
                persons or organizations, on the request of the 
                Administrator, engage in the peer review of risk or 
                benefits information associated with covered pesticide 
                applications;
            ``(2) costs of management of information, and the 
        acquisition, maintenance, and repair of computer and 
        telecommunication resources (including software), used to 
        support review of pesticide applications, associated 
        tolerances, and corresponding risk and benefits information and 
        analyses; and
            ``(3) costs of collecting registration service fees under 
        subsections (b) and (c) and reporting, auditing, and accounting 
        under this section.
    ``(b) Fees.--
            ``(1) In general.--Effective beginning on the effective 
        date of the Pesticide Registration Improvement Act of 2003, the 
        Administrator shall assess and collect covered pesticide 
        registration service fees in accordance with this section.
            ``(2) Covered pesticide registration applications.--
                    ``(A) In general.--An application for the 
                registration of a pesticide covered by this Act that is 
                received by the Administrator on or after the effective 
                date of the Pesticide Registration Improvement Act of 
                2003 shall be subject to a registration service fee 
                under this section.
                    ``(B) Existing applications.--
                            ``(i) In general.--Subject to clause (ii), 
                        an application for the registration of a 
                        pesticide that was submitted to the 
                        Administrator before the effective date of the 
                        Pesticide Registration Improvement Act of 2003 
                        and is pending on that effective date shall be 
                        subject to a service fee under this section if 
                        the application is for the registration of a 
                        new active ingredient that is not listed in the 
                        Registration Division 2003 Work Plan of the 
                        Office of Pesticide Programs of the 
                        Environmental Protection Agency.
                            ``(ii) Tolerance or exemption fees.--The 
                        amount of any fee otherwise payable for an 
                        application described in clause (i) under this 
                        section shall be reduced by the amount of any 
                        fees paid to support the related petition for a 
                        pesticide tolerance or exemption under the 
                        Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
                        301 et seq.).
                    ``(C) Documentation.--An application subject to a 
                registration service fee under this section shall be 
                submitted with documentation certifying--
                            ``(i) payment of the registration service 
                        fee; or
                            ``(ii) a request for a waiver from or 
                        reduction of the registration service fee.
            ``(3) Schedule of covered applications and registration 
        service fees.--
                    ``(A) In general.--Not later than 30 days after the 
                effective date of the Pesticide Registration 
                Improvement Act of 2003, the Administrator shall 
                publish in the Federal Register a schedule of covered 
                pesticide registration applications and corresponding 
                registration service fees.
                    ``(B) Report.--Subject to paragraph (6), the 
                schedule shall be the same as the applicable schedule 
                appearing in the Congressional Record on pages S11631 
                through S11633, dated September 17, 2003.
            ``(4) Pending pesticide registration applications.--
                    ``(A) In general.--An applicant that submitted a 
                registration application to the Administrator before 
                the effective date of the Pesticide Registration 
                Improvement Act of 2003, but that is not required to 
                pay a registration service fee under paragraph (2)(B), 
                may, on a voluntary basis, pay a registration service 
                fee in accordance with paragraph (2)(B).
                    ``(B) Voluntary fee.--The Administrator may not 
                compel payment of a registration service fee for an 
                application described in subparagraph (A).
                    ``(C) Documentation.--An application for which a 
                voluntary registration service fee is paid under this 
                paragraph shall be submitted with documentation 
                certifying--
                            ``(i) payment of the registration service 
                        fee; or
                            ``(ii) a request for a waiver from or 
                        reduction of the registration service fee.
            ``(5) Resubmission of pesticide registration 
        applications.--If a pesticide registration application is 
        submitted by a person that paid the fee for the application 
        under paragraph (2), is determined by the Administrator to be 
        complete, and is not approved or is withdrawn (without a waiver 
        or refund), the submission of the same pesticide registration 
        application by the same person (or a licensee, assignee, or 
        successor of the person) shall not be subject to a fee under 
        paragraph (2).
            ``(6) Fee adjustment.--Effective for a covered pesticide 
        registration application received on or after October 1, 2005, 
        the Administrator shall--
                    ``(A) increase by 5 percent the service fee payable 
                for the application under paragraph (3); and
                    ``(B) publish in the Federal Register the revised 
                registration service fee schedule.
            ``(7) Waivers and reductions.--
                    ``(A) In general.--An applicant for a covered 
                pesticide registration may request the Administrator to 
                waive or reduce the amount of a registration service 
                fee payable under this section under the circumstances 
                described in subparagraphs (D) through (G).
                    ``(B) Documentation.--
                            ``(i) In general.--A request for a waiver 
                        from or reduction of the registration service 
                        fee shall be accompanied by appropriate 
                        documentation demonstrating the basis for the 
                        waiver or reduction.
                            ``(ii) Certification.--The applicant shall 
                        provide to the Administrator a written 
                        certification, signed by a responsible officer, 
                        that the documentation submitted to support the 
                        waiver or reduction request is accurate.
                            ``(iii) Inaccurate documentation.--An 
                        application shall be subject to the applicable 
                        registration service fee payable under 
                        paragraph (3) if, at any time, the 
                        Administrator determines that--
                                    ``(I) the documentation supporting 
                                the waiver or reduction request is not 
                                accurate; or
                                    ``(II) based on the documentation 
                                or any other information, the waiver or 
                                reduction should not have been granted 
                                or should not be granted.
                    ``(C) Determination to grant or deny request.--As 
                soon as practicable, but not later than 60 days, after 
                the date on which the Administrator receives a request 
                for a waiver or reduction of a registration service fee 
                under this paragraph, the Administrator shall--
                            ``(i) determine whether to grant or deny 
                        the request; and
                            ``(ii) notify the applicant of the 
                        determination.
                    ``(D) Minor uses.--
                            ``(i) In general.--The Administrator may 
                        waive or reduce a registration service fee for 
                        an application for minor uses for a pesticide.
                            ``(ii) Supporting documentation.--An 
                        applicant requesting a waiver under this 
                        subparagraph shall provide supporting 
                        documentation that demonstrates, to the 
                        satisfaction of the Administrator, that 
                        anticipated revenues from the uses that are the 
                        subject of the application would be 
                        insufficient to justify imposition of the full 
                        application fee.
                    ``(E) IR-4 waiver.--The Administrator shall waive 
                the registration service fee for an application if the 
                Administrator determines that--
                            ``(i) the application is solely associated 
                        with a tolerance petition submitted in 
                        connection with the Inter-Regional Project 
                        Number 4 (IR-4) as described in section 2 of 
                        Public Law 89-106 (7 U.S.C. 450i(e)); and
                            ``(ii) the waiver is in the public 
                        interest.
                    ``(F) Small businesses.--
                            ``(i) In general.--The Administrator shall 
                        waive 50 percent of the registration service 
                        fees payable by an entity for a covered 
                        pesticide registration application under this 
                        section if the entity is a small business (as 
                        defined in section 4(i)(5)(E)(ii)) at the time 
                        of application.
                            ``(ii) Waiver of fees.--The Administrator 
                        shall waive all of the registration service 
                        fees payable by an entity under this section if 
                        the entity--
                                    ``(I) is a small business (as 
                                defined in section 4(i)(5)(E)(ii)) at 
                                the time of application; and
                                    ``(II) has average annual global 
                                gross revenues described in section 
                                4(i)(5)(E)(ii)(I)(bb) that does not 
                                exceed $10,000,000, at the time of 
                                application.
                            ``(iii) Formation for waiver.--The 
                        Administrator shall not grant a waiver under 
                        this subparagraph if the Administrator 
                        determines that the entity submitting the 
                        application has been formed or manipulated 
                        primarily for the purpose of qualifying for the 
                        waiver.
                            ``(iv) Documentation.--An entity requesting 
                        a waiver under this subparagraph shall provide 
                        to the Administrator--
                                    ``(I) documentation demonstrating 
                                that the entity is a small business (as 
                                defined in section 4(i)(5)(E)(ii)) at 
                                the time of application; and
                                    ``(II) if the entity is requesting 
                                a waiver of all registration service 
                                fees payable under this section, 
                                documentation demonstrating that the 
                                entity has an average annual global 
                                gross revenues described in section 
                                4(i)(5)(E)(ii)(I)(bb) that does not 
                                exceed $10,000,000, at the time of 
                                application.
                    ``(G) Federal and state agency exemptions.--An 
                agency of the Federal Government or a State government 
                shall be exempt from covered registration service fees 
                under this section.
            ``(8) Refunds.--
                    ``(A) Early withdrawals.--If, during the first 60 
                days after the beginning of the applicable decision 
                time review period under subsection (f)(3), a covered 
                pesticide registration application is withdrawn by the 
                applicant, the Administrator shall refund all but 10 
                percent of the total registration service fee payable 
                under paragraph (3) for the application.
                    ``(B) Withdrawals after the first 60 days of 
                decision review time period.--
                            ``(i) In general.--If a covered pesticide 
                        registration application is withdrawn after the 
                        first 60 days of the applicable decision time 
                        review period, the Administrator shall 
                        determine what portion, if any, of the total 
                        registration service fee payable under 
                        paragraph (3) for the application may be 
                        refunded based on the proportion of the work 
                        completed at the time of withdrawal.
                            ``(ii) Timing.--The Administrator shall--
                                    ``(I) make the determination 
                                described in clause (i) not later than 
                                90 days after the date the application 
                                is withdrawn; and
                                    ``(II) provide any refund as soon 
                                as practicable after the determination.
                    ``(C) Discretionary refunds.--
                            ``(i) In general.--In the case of a 
                        pesticide registration application that has 
                        been filed with the Administrator and has not 
                        been withdrawn by the applicant, but for which 
                        the Administrator has not yet made a final 
                        determination, the Administrator may refund a 
                        portion of a covered registration service fee 
                        if the Administrator determines that the refund 
                        is justified.
                            ``(ii) Basis.--The Administrator may 
                        provide a refund for an application under this 
                        subparagraph--
                                    ``(I) on the basis that, in 
                                reviewing the application, the 
                                Administrator has considered data 
                                submitted in support of another 
                                pesticide registration application; or
                                    ``(II) on the basis that the 
                                Administrator completed portions of the 
                                review of the application before the 
                                effective date of this section.
                    ``(D) Credited fees.--In determining whether to 
                grant a refund under this paragraph, the Administrator 
                shall take into account any portion of the registration 
                service fees credited under paragraph (2) or (4).
    ``(c) Pesticide Registration Fund.--
            ``(1) Establishment.--There is established in the Treasury 
        of the United States a Pesticide Registration Fund to be used 
        in carrying out this section (referred to in this section as 
        the `Fund'), consisting of--
                    ``(A) such amounts as are deposited in the Fund 
                under paragraph (2);
                    ``(B) any interest earned on investment of amounts 
                in the Fund under paragraph (4); and
                    ``(C) any proceeds from the sale or redemption of 
                investments held in the Fund.
            ``(2) Deposits in fund.--Subject to paragraph (4), the 
        Administrator shall deposit fees collected under this section 
        in the Fund.
            ``(3) Expenditures from fund.--
                    ``(A) In general.--Subject to subparagraphs (B) and 
                (C) and paragraph (4), the Administrator may make 
                expenditures from the Fund--
                            ``(i) to cover the costs associated with 
                        the review and decisionmaking pertaining to all 
                        applications for which registration service 
                        fees have been paid under this section; and
                            ``(ii) to otherwise carry out this section.
                    ``(B) Worker protection.--For each of fiscal years 
                2004 through 2008, the Administrator shall use 
                approximately \1/17\ of the amount in the Fund (but not 
                more than $1,000,000, and not less than $750,000, for 
                any fiscal year) to enhance current scientific and 
                regulatory activities related to worker protection.
                    ``(C) New inert ingredients.--For each of fiscal 
                years 2004 and 2005, the Administrator shall use 
                approximately \1/34\ of the amount in the Fund (but not 
                to exceed $500,000 for any fiscal year) for the review 
                and evaluation of new inert ingredients.
            ``(4) Collections and appropriations acts.--The fees 
        authorized by this section and amounts deposited in the Fund--
                    ``(A) shall be collected and made available for 
                obligation only to the extent provided in advance in 
                appropriations Acts; and
                    ``(B) shall be available without fiscal year 
                limitation.
            ``(5) Unused funds.--Amounts in the Fund not currently 
        needed to carry out this section shall be--
                    ``(A) maintained readily available or on deposit;
                    ``(B) invested in obligations of the United States 
                or guaranteed by the United States; or
                    ``(C) invested in obligations, participations, or 
                other instruments that are lawful investments for 
                fiduciary, trust, or public funds.
    ``(d) Assessment of Fees.--
            ``(1) Definition of covered functions.--In this subsection, 
        the term `covered functions' means functions of the Office of 
        Pesticide Programs of the Environmental Protection Agency, as 
        identified in key programs and projects of the final operating 
        plan for the Environmental Protection Agency submitted as part 
        of the budget process for fiscal year 2002, regardless of any 
        subsequent transfer of 1 or more of the functions to another 
        office or agency or the subsequent transfer of a new function 
        to the Office of Pesticide Programs.
            ``(2) Minimum amount of appropriations.--Registration 
        service fees may not be assessed for a fiscal year under this 
        section unless the amount of appropriations for salaries, 
        contracts, and expenses for the functions (as in existence in 
        fiscal year 2002) of the Office of Pesticide Programs of the 
        Environmental Protection Agency for the fiscal year (excluding 
        the amount of any fees appropriated for the fiscal year) are 
        equal to or greater than the amount of appropriations for 
        covered functions for fiscal year 2002 (excluding the amount of 
        any fees appropriated for the fiscal year).
            ``(3) Use of fees.--Registration service fees authorized by 
        this section shall be available, in the aggregate, only to 
        defray increases in the costs associated with the review and 
        decisionmaking for the review of pesticide registration 
        applications and associated tolerances (including increases in 
        the number of full-time equivalent positions in the 
        Environmental Protection Agency engaged in those activities) 
        over the costs for fiscal year 2002, excluding costs paid from 
        fees appropriated for the fiscal year.
            ``(4) Compliance.--The requirements of paragraph (2) shall 
        have been considered to have been met for any fiscal year if 
        the amount of appropriations for salaries, contracts, and 
        expenses for the functions (as in existence in fiscal year 
        2002) of the Office of Pesticide Programs of the Environmental 
        Protection Agency for the fiscal year (excluding the amount of 
        any fees appropriated for the fiscal year) is not more than 3 
        percent below the amount of appropriations for covered 
        functions for fiscal year 2002 (excluding the amount of any 
        fees appropriated for the fiscal year).
            ``(5) Subsequent authority.--If the Administrator does not 
        assess registration service fees under subsection (b) during 
        any portion of a fiscal year as the result of paragraph (2) and 
        is subsequently permitted to assess the fees under subsection 
        (b) during the fiscal year, the Administrator shall assess and 
        collect the fees, without any modification in rate, at any time 
        during the fiscal year, notwithstanding any provisions of 
        subsection (b) relating to the date fees are to be paid.
    ``(e) Reforms to Reduce Decision Time Review Periods.--To the 
maximum extent practicable consistent with the degrees of risk 
presented by pesticides and the type of review appropriate to evaluate 
risks, the Administrator shall identify and evaluate reforms to the 
pesticide registration process under this Act with the goal of reducing 
decision review periods in effect on the effective date of the 
Pesticide Registration Improvement Act of 2003 for pesticide 
registration actions for covered pesticide registration applications 
(including reduced risk applications).
    ``(f) Decision Time Review Periods.--
            ``(1) In general.--Not later than 30 days after the 
        effective date of the Pesticide Registration Improvement Act of 
        2003, the Administrator shall publish in the Federal Register a 
        schedule of decision review periods for covered pesticide 
        registration actions and corresponding registration service 
        fees under this Act.
            ``(2) Report.--The schedule shall be the same as the 
        applicable schedule appearing in the Congressional Record on 
        pages S11631 through S11633, dated September 17, 2003.
            ``(3) Applications subject to decision time review 
        periods.--The decision time review periods specified in 
        paragraph (1) shall apply to--
                    ``(A) covered pesticide registration applications 
                subject to registration service fees under subsection 
                (b)(2);
                    ``(B) covered pesticide registration applications 
                for which an applicant has voluntarily paid 
                registration service fees under subsection (b)(4); and
                    ``(C) covered pesticide registration applications 
                listed in the Registration Division 2003 Work Plan of 
                the Office of Pesticide Programs of the Environmental 
                Protection Agency.
            ``(4) Start of decision time review period.--
                    ``(A) In general.--Except as provided in 
                subparagraphs (C), (D), and (E), in the case of a 
                pesticide registration application accompanied by the 
                registration service fee required under this section, 
                the decision time review period begins 21 days after 
                the date on which the Administrator receives the 
                covered pesticide registration application.
                    ``(B) Completeness of application.--In conducting 
                an initial screening of an application, the 
                Administrator shall determine--
                            ``(i) whether--
                                    ``(I) the applicable registration 
                                service fee has been paid; or
                                    ``(II) the application contains a 
                                waiver or refund request; and
                            ``(ii) whether the application--
                                    ``(I) contains all necessary forms, 
                                data, draft labeling, and, 
                                documentation certifying payment of any 
                                registration service fee required under 
                                this section; or
                                    ``(II) establishes a basis for any 
                                requested waiver or reduction.
                    ``(C) Applications with waiver or reduction 
                requests.--
                            ``(i) In general.--In the case of an 
                        application submitted with a request for a 
                        waiver or reduction of registration service 
                        fees under subsection (b)(7), the decision time 
                        review period shall be determined in accordance 
                        with this subparagraph.
                            ``(ii) Request granted with no additional 
                        fees required.--If the Administrator grants the 
                        waiver or reduction request and no additional 
                        fee is required, the decision time review 
                        period begins on the earlier of--
                                    ``(I) the date on which the 
                                Administrator grants the request; or
                                    ``(II) the date that is 60 days 
                                after the date of receipt of the 
                                application.
                            ``(iii) Request granted with additional 
                        fees required.--If the Administrator grants the 
                        waiver or reduction request, in whole or in 
                        part, but an additional registration service 
                        fee is required, the decision time review 
                        period begins on the date on which the 
                        Administrator receives certification of payment 
                        of the applicable registration service fee.
                            ``(iv) Request denied.--If the 
                        Administrator denies the waiver or reduction 
                        request, the decision time review period begins 
                        on the date on which the Administrator receives 
                        certification of payment of the applicable 
                        registration service fee.
                    ``(D) Pending applications.--
                            ``(i) In general.--The start of the 
                        decision time review period for applications 
                        described in clause (ii) shall be the date on 
                        which the Administrator receives certification 
                        of payment of the applicable registration 
                        service fee.
                            ``(ii) Applications.--Clause (i) applies 
                        to--
                                    ``(I) covered pesticide 
                                registration applications for which 
                                voluntary fees have been paid under 
                                subsection (b)(4); and
                                    ``(II) covered pesticide 
                                registration applications received on 
                                or after the effective date of the 
                                Pesticide Registration Improvement Act 
                                of 2003 but submitted without the 
                                applicable registration service fee 
                                required under this section due to the 
                                inability of the Administrator to 
                                assess fees under subsection (d)(1).
                    ``(E) 2003 work plan.--In the case of a covered 
                pesticide registration application listed in the 
                Registration Division 2003 Work Plan of the Office of 
                Pesticide Programs of the Environmental Protection 
                Agency, the decision time review period begins on the 
                date that is 30 days after the effective date of the 
                Pesticide Registration Improvement Act of 2003.
            ``(5) Extension of decision time review period.--The 
        Administrator and the applicant may mutually agree in writing 
        to extend a decision time review period under this subsection.
    ``(g) Judicial Review.--
            ``(1) In general.--Any applicant adversely affected by the 
        failure of the Administrator to make a determination on the 
        application of the applicant for registration of a new active 
        ingredient or new use for which a registration service fee is 
        paid under this section may obtain judicial review of the 
        failure solely under this section.
            ``(2) Scope.--
                    ``(A) In general.--In an action brought under this 
                subsection, the only issue on review is whether the 
                Administrator failed to make a determination on the 
                application specified in paragraph (1) by the end of 
                the applicable decision time review period required 
                under subsection (f) for the application.
                    ``(B) Other actions.--No other action authorized or 
                required under this section shall be judicially 
                reviewable by a Federal or State court.
            ``(3) Timing.--
                    ``(A) In general.--A person may not obtain judicial 
                review of the failure of the Administrator to make a 
                determination on the application specified in paragraph 
                (1) before the expiration of the 2-year period that 
                begins on the date on which the decision time review 
                period for the application ends.
                    ``(B) Meeting with administrator.--To be eligible 
                to seek judicial review under this subsection, a person 
                seeking the review shall first request in writing, at 
                least 120 days before filing the complaint for judicial 
                review, a decision review meeting with the 
                Administrator.
            ``(4) Remedies.--The Administrator may not be required or 
        permitted to refund any portion of a registration service fee 
        paid in response to a complaint that the Administrator has 
        failed to make a determination on the covered pesticide 
        registration application specified in paragraph (1) by the end 
        of the applicable decision review period.
    ``(h) Accounting.--The Administrator shall--
            ``(1) provide an annual accounting of the registration 
        service fees paid to the Administrator and disbursed from the 
        Fund, by providing financial statements in accordance with--
                    ``(A) the Chief Financial Officers Act of 1990 
                (Public Law 101-576; 104 Stat. 2838) and amendments 
                made by that Act; and
                    ``(B) the Government Management Reform Act of 1994 
                (Public Law 103-356; 108 Stat. 3410) and amendments 
                made by that Act;
            ``(2) provide an accounting describing expenditures from 
        the Fund authorized under subsection (c); and
            ``(3) provide an annual accounting describing collections 
        and expenditures authorized under subsection (d).
    ``(i) Auditing.--
            ``(1) Financial statements of agencies.--For the purpose of 
        section 3515(c) of title 31, United States Code, the Fund shall 
        be considered a component of an executive agency.
            ``(2) Components.--The annual audit required under sections 
        3515(b) and 3521 of that title of the financial statements of 
        activities under this section shall include an analysis of--
                    ``(A) the fees collected under subsection (b) and 
                disbursed;
                    ``(B) compliance with subsection (f);
                    ``(C) the amount appropriated to meet the 
                requirements of subsection (d)(1); and
                    ``(D) the reasonableness of the allocation of the 
                overhead allocation of costs associated with the review 
                and decisionmaking pertaining to applications under 
                this section.
            ``(3) Inspector general.--The Inspector General of the 
        Environmental Protection Agency shall--
                    ``(A) conduct the annual audit required under this 
                subsection; and
                    ``(B) report the findings and recommendations of 
                the audit to the Administrator and to the appropriate 
                committees of Congress.
    ``(j) Personnel Levels.--All full-time equivalent positions 
supported by fees authorized and collected under this section shall not 
be counted against the agency-wide personnel level goals of the 
Environmental Protection Agency.
    ``(k) Reports.--
            ``(1) In general.--Not later than March 1, 2005, and each 
        March 1 thereafter through March 1, 2009, the Administrator 
        shall publish an annual report describing actions taken under 
        this section.
            ``(2) Contents.--The report shall include--
                    ``(A) a review of the progress made in carrying out 
                each requirement of subsections (e) and (f), 
                including--
                            ``(i) the number of applications reviewed, 
                        including the decision times for each 
                        application specified in subsection (f);
                            ``(ii) the number of actions pending in 
                        each category of actions described in 
                        subsection (f)(3), as well as the number of 
                        inert ingredients;
                            ``(iii) to the extent determined 
                        appropriate by the Administrator and consistent 
                        with the authorities of the Administrator and 
                        limitations on delegation of functions by the 
                        Administrator, recommendations for--
                                    ``(I) expanding the use of self-
                                certification in all appropriate areas 
                                of the registration process;
                                    ``(II) providing for accreditation 
                                of outside reviewers and the use of 
                                outside reviewers to conduct the review 
                                of major portions of applications; and
                                    ``(III) reviewing the scope of use 
                                of the notification process to cover 
                                broader categories of registration 
                                actions; and
                            ``(iv) the use of performance-based 
                        contracts, other contracts, and procurement to 
                        ensure that--
                                    ``(I) the goals of this Act for the 
                                timely review of applications for 
                                registration are met; and
                                    ``(II) the registration program is 
                                administered in the most productive and 
                                cost effective manner practicable;
                    ``(B) a description of the staffing and resources 
                relating to the costs associated with the review and 
                decisionmaking pertaining to applications; and
                    ``(C) a review of the progress in meeting the 
                timeline requirements of section 4(g).
            ``(3) Method.--The Administrator shall publish a report 
        required by this subsection by such method as the Administrator 
        determines to be the most effective for efficiently 
        disseminating the report, including publication of the report 
        on the Internet site of the Environmental Protection Agency.
    ``(l) Savings Clause.--Nothing in this section affects any other 
duties, obligations, or authorities established by any other section of 
this Act, including the right to judicial review of duties, 
obligations, or authorities established by any other section of this 
Act.
    ``(m) Termination of Effectiveness.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        authority provided by this section terminates on September 30, 
        2008.
            ``(2) Phase out.--
                    ``(A) Fiscal year 2009.--During fiscal year 2009, 
                the requirement to pay and collect registration service 
                fees applies, except that the level of registration 
                service fees payable under this section shall be 
                reduced 40 percent below the level in effect on 
                September 30, 2008.
                    ``(B) Fiscal year 2010.--During fiscal year 2010, 
                the requirement to pay and collect registration service 
                fees applies, except that the level of registration 
                service fees payable under this section shall be 
                reduced 70 percent below the level in effect on 
                September 30, 2008.
                    ``(C) September 30, 2010.--Effective September 30, 
                2010, the requirement to pay and collect registration 
                service fees terminates.
                    ``(D) Decision review periods.--
                            ``(i) Pending applications.--In the case of 
                        an application received under this section 
                        before September 30, 2008, the application 
                        shall be reviewed in accordance with subsection 
                        (f).
                            ``(ii) New applications.--In the case of an 
                        application received under this section on or 
                        after September 30, 2008, subsection (f) shall 
                        not apply to the application.''.
    (g) Conforming Amendments.--The table of contents in section 1(b) 
of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 
prec. 136) is amended--
            (1) by striking the item relating to section 4(k)(3) and 
        inserting the following:

            ``(3) Review of inert ingredients; expedited 
            processing of similar applications.'';
        and
            (2) by striking the items relating to sections 30 and 31 
        and inserting the following:

``Sec. 30. Minimum requirements for training of maintenance applicators 
                            and service technicians.
``Sec. 31. Environmental Protection Agency minor use program.
``Sec. 32. Department of Agriculture minor use program.
    ``(a) In general.
    ``(b)(1) Minor use pesticide data.
    ``(2) Minor Use Pesticide Data Revolving Fund.
``Sec. 33. Pesticide registration service fees.
    ``(a) Definition of costs.
    ``(b) Fees.
        ``(1) In general.
        ``(2) Covered pesticide registration applications.
        ``(3) Schedule of covered applications and registration service 
                            fees.
        ``(4) Pending pesticide registration applications.
        ``(5) Resubmission of pesticide registration applications.
        ``(6) Fee adjustment.
        ``(7) Waivers and reductions.
        ``(8) Refunds.
    ``(c) Pesticide Registration Fund.
        ``(1) Establishment.
        ``(2) Transfers to Fund.
        ``(3) Expenditures from Fund.
        ``(4) Collections and appropriations Acts.
        ``(5) Unused funds.
    ``(d) Assessment of fees.
        ``(1) Definition of covered functions.
        ``(2) Minimum amount of appropriations.
        ``(3) Use of fees.
        ``(4) Compliance.
        ``(5) Subsequent authority.
    ``(e) Reforms to reduce decision time review periods.
    ``(f) Decision time review periods.
        ``(1) In general.
        ``(2) Report.
        ``(3) Applications subject to decision time review periods.
        ``(4) Start of decision time review period.
        ``(5) Extension of decision time review period.
    ``(g) Judicial review.
        ``(1) In general.
        ``(2) Scope.
        ``(3) Timing.
        ``(4) Remedies.
    ``(h) Accounting.
    ``(i) Auditing.
        ``(1) Financial statements of agencies.
        ``(2) Components.
        ``(3) Inspector General.
    ``(j) Personnel levels.
    ``(k) Reports.
        ``(1) In general.
        ``(2) Contents.
    ``(l) Savings clause.
    ``(m) Termination of effectiveness.
        ``(1) In general.
        ``(2) Phase out.
``Sec. 34. Severability.
``Sec. 35. Authorization for appropriations.''.
    (h) Effective Date.--Except as otherwise provided in this section 
and the amendments made by this section, this section and the 
amendments made by this section take effect on the date that is 60 days 
after the date of enactment of this Act.
    Sec. 502. It is the sense of the Senate that human dosing studies 
of pesticides raises ethical and health questions.
    This Act may be cited as the ``Departments of Veterans Affairs and 
Housing and Urban Development, and Independent Agencies Appropriations 
Act, 2004''.

            Attest:

                                                             Secretary.
108th CONGRESS

  1st Session

                               H. R. 2861

_______________________________________________________________________

                               AMENDMENT