[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5041 Reported in House (RH)]

                                                 Union Calendar No. 413
108th CONGRESS
  2d Session
                                H. R. 5041

                          [Report No. 108-674]

   Making appropriations for the Departments of Veterans Affairs and 
  Housing and Urban Development, and for sundry independent agencies, 
  boards, commissions, corporations, and offices for the fiscal year 
           ending September 30, 2005, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 9, 2004

Mr. Walsh, from the Committee on Appropriations, reported the following 
 bill; which was committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

_______________________________________________________________________

                                 A BILL


 
   Making appropriations for the Departments of Veterans Affairs and 
  Housing and Urban Development, and for sundry independent agencies, 
  boards, commissions, corporations, and offices for the fiscal year 
           ending September 30, 2005, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following sums 
are appropriated, out of any money in the Treasury not otherwise 
appropriated, for the Departments of Veterans Affairs and Housing and 
Urban Development, and for sundry independent agencies, boards, 
commissions, corporations, and offices for the fiscal year ending 
September 30, 2005, and for other purposes, 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), 
$32,607,688,000, to remain available until expended: Provided, That not 
to exceed $20,703,000 of the amount appropriated under this heading 
shall be reimbursed to ``General operating expenses'' and ``Medical 
services'' 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), $2,556,232,000, 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, $44,380,000, 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 2005, within the resources available, not to exceed 
$500,000 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, $154,075,000, 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, $47,000, 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 $4,108,000.
    In addition, for administrative expenses necessary to carry out the 
direct loan program, $311,000, 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'': Provided, That no new loans in excess 
of $50,000,000 may be made in fiscal year 2005.

  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 services'' 
may be expended.

                     Veterans Health Administration

                            medical services

    For necessary expenses for furnishing, as authorized by law, 
inpatient and outpatient care and treatment to beneficiaries of the 
Department of Veterans Affairs and veterans described in paragraphs (1) 
through (8) of section 1705(a) of title 38, United States Code, 
including care and treatment in facilities not under the jurisdiction 
of the department and including medical supplies and equipment and 
salaries and expenses of health-care employees hired under title 38, 
United States Code, and aid to State homes as authorized by section 
1741 of title 38, United States Code; $19,498,600,000, plus 
reimbursements: Provided, That of the funds made available under this 
heading, not to exceed $1,100,000,000 shall be available until 
September 30, 2006: Provided further, 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, 
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 of the 
funds made available under this heading, the Secretary may transfer up 
to $75,000,000 to ``General operating expenses'' for costs associated 
with processing claims where the basis of the entitlement is claimed 
disability incurred as a result of a vetern's service, subject to a 
determination by the Secretary of Veterans Affairs that such additional 
funds are necessary: Provided further, That, notwithstanding any other 
provision of law, the Secretary of Veterans Affairs may authorize the 
dispensing of prescription drugs from Veterans Health Administration 
facilities to enrolled veterans with privately written prescriptions 
based on requirements established by the Secretary: Provided further, 
That the implementation of the program described in the previous 
proviso shall incur no additional cost to the Department of Veterans 
Affairs: Provided further, For the DoD/VA Health Care Sharing Incentive 
Fund, as authorized by section 721 of Public Law 107-317, to transfer a 
minimum of $15,000,000 to remain available until expended for any 
purpose authorized by 38 U.S.C. 8111.

                         medical administration

    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; information technology hardware and 
software; uniforms or allowances therefor, as authorized by sections 
5901-5902 of title 5, United States Code; and administrative and legal 
expenses of the department for collecting and recovering amounts owed 
the department as authorized under chapter 17 of title 38, United 
States Code, and the Federal Medical Care Recovery Act (42 U.S.C. 2651 
et seq.); $4,705,000,000, of which $150,000,000 shall be available 
until September 30, 2006, plus reimbursements.

                           medical facilities

    For necessary expenses for the maintenance and operation of 
hospitals, nursing homes, and domiciliary facilities and other 
necessary facilities for the Veterans Health Administration; for 
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; for oversight, engineering and architectural activities not 
charged to project costs; for 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; for leases of facilities; and for laundry and food services, 
$3,745,000,000, of which $150,000,000 shall be available until 
September 30, 2006.

                    medical and prosthetic research

    For necessary expenses in carrying out programs of medical and 
prosthetic research and development as authorized by chapter 73 of 
title 38, United States Code, to remain available until September 30, 
2006, $384,770,000, plus reimbursements.

                      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, $1,319,753,000: 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 $1,027,193,000: Provided further, That 
of the funds made available under this heading, not to exceed 
$66,000,000 shall be available for obligation until September 30, 2006: 
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, $148,925,000: 
Provided, That of the funds made available under this heading, not to 
exceed $7,400,000 shall be available until September 30, 2006.

                      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, $69,711,000, to remain available until September 30, 2006.

                      construction, major projects

    For constructing, altering, extending and improving any of the 
facilities including parking projects 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, $458,800,000, to remain 
available until expended, of which $370,709,000 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 
2005, 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, 2005; and (2) by the 
awarding of a construction contract by September 30, 2006: 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.

                      construction, minor projects

    For constructing, altering, extending, and improving any of the 
facilities including parking projects 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), $230,799,000, 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 
$162,100,000 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, $105,163,000, 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 2005 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 2005 for salaries and expenses shall be 
available for services authorized by 5 U.S.C. 3109; hire of passenger 
motor vehicles; lease of a facility or land or both; and uniforms or 
allowances therefore, as authorized by 5 U.S.C. 5901-5902.
    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 services'' 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 2005 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 2004.
    Sec. 106. Appropriations accounts available to the Department of 
Veterans Affairs for fiscal year 2005 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 2005, 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 2005 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 
2005 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, 2005: 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, 
2005.
    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 2005 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 funds of the Department of Veterans Affairs shall be 
available for hospital care, nursing home care, or medical services 
provided to any person under chapter 17 of title 38, United States 
Code, for a non-service-connected disability described in section 
1729(a)(2) of such title, unless that person has disclosed to the 
Secretary of Veterans Affairs, in such form as the Secretary may 
require, current, accurate third-party reimbursement information for 
purposes of section 1729 of such title: Provided, That the Secretary 
may recover, in the same manner as any other debt due the United 
States, the reasonable charges for such care or services from any 
person who does not make such disclosure as required: Provided further, 
That any amounts so recovered for care or services provided in a prior 
fiscal year may be obligated by the Secretary during the fiscal year in 
which amounts are received.
    Sec. 113. Of the amounts provided in this Act, $25,000,000 shall be 
for information technology initiatives to support the enterprise 
architecture of the Department of Veterans Affairs.
    Sec. 114. None of the funds made available to the Department in 
this Act, or any other Act, may be used to implement sections 2 and 5 
of Public Law 107-287.
    Sec. 115. (a) Hereafter receipts that would otherwise be credited 
to the accounts listed in subsection (c) shall be deposited into the 
Medical Care Collections Fund, and shall be transferred to and merged 
with the ``Medical services'' account, and subsequent years, to remain 
available until expended, to carry out the purposes of the ``Medical 
services'' account.
    (b) The unobligated balances in the accounts listed in subsection 
(c), shall be transferred to and merged with the ``Medical services'' 
account in fiscal year 2005 and subsequent years, and remain available 
until expended, to carry out the purposes of the ``Medical services'' 
account: Provided, That the obligated balances in these accounts may be 
transferred to the ``Medical services'' account at the discretion of 
the Secretary of Veterans Affairs and shall remain available until 
expended.
    (c) Veterans Extended Care Revolving Fund; Medical Facilities 
Revolving Fund; Special Therapeutic and Rehabilitation Fund; Nursing 
Home Revolving Fund; Veterans Health Services Improvement Fund; and 
Parking Revolving Fund.
    Sec. 116. (a) 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. 
Notwithstanding section 3302(b) of title 31, United States Code, 
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 ``Medical services'' and the 
purposes of paying a contractor a percent of the amount collected as a 
result of an audit carried out by the contractor.
    (b) All amounts so collected under subsection (a) with respect to a 
designated health care region (as that term is defined in section 
1729A(d)(2) of title 38, United States Code) shall be allocated, net of 
payments to the contractor, to that region.
    Sec. 117. 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 ``Construction, major projects'' and ``Construction, 
minor projects'' 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 ``Construction, major projects'' and 
``Construction, minor projects''.
    Sec. 118. Amounts made available under ``Medical services'' are 
available--
            (1) for furnishing recreational facilities, supplies, and 
        equipment; and
            (2) for funeral expenses, burial expenses, and other 
        expenses incidental to funerals and burials for beneficiaries 
        receiving care in the department.
    Sec. 119. That such sums as may be deposited to the Medical Care 
Collections Fund pursuant to 38 U.S.C. 1729A may be transferred to 
``Medical services'', to remain available until expended for the 
purposes of this account.
    Sec. 120. Amounts made available for fiscal year 2005 under the 
``Medical services'', ``Medical administration'', and ``Medical 
facilities'' accounts may be transferred between the accounts to the 
extent necessary to implement the restructuring of the Veterans Health 
Administration accounts after notice of the amount and purpose of the 
transfer is provided to the Committees on Appropriations of the Senate 
and House of Representatives and a period of 30 days has elapsed: 
Provided, That the limitation on transfers is 20 percent in fiscal year 
2005.
    Sec. 121. Any appropriation for fiscal year 2005 for the Veterans 
Benefits Administration made available under the heading ``General 
operating expenses'' may be transferred to the ``Veterans Housing 
Benefit Program Fund Program Account'' for the purpose of providing 
funds for the nationwide property management contract if the 
administrative costs of such contract exceed $8,800,000 in the budget 
year.
    Sec. 122. The Department of Veterans Affairs is authorized to 
expend such sums as are available in the unobligated balances of the 
funds originally appropriated to ``Medical Care'' for emergency 
expenses resulting from the January 1994 earthquake in Southern 
California in Public Law 103-211, Emergency Supplemental Appropriations 
Act of 1994, for the same purposes of the ``Medical Services'' account, 
to remain available until expended.

         TITLE II--DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                       Public and Indian Housing

                     tenant-based rental assistance

                     (including transfer of funds)

    For activities and assistance for the provision of tenant-based 
rental assistance authorized under the United States Housing Act of 
1937, as amended (42 U.S.C. 1437 et seq.) (``the Act'' herein), not 
otherwise provided for, $14,677,055,000, to remain available until 
expended, of which $10,477,055,000 shall be available on October 1, 
2004 and $4,200,000,000 shall be available on October 1, 2005: 
Provided, That the amounts made available under this heading are 
provided as follows:
            (1) $13,303,177,000 for renewals of expiring section 8 
        tenant-based annual contributions contracts (including renewals 
        of enhanced vouchers under any provision of law authorizing 
        such assistance under section 8(t) of the Act): Provided, That 
        none of the funds provided 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;
            (2) $163,000,000 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, and tenant protection assistance, 
        including replacement and relocation assistance;
            (3) $46,000,000 for family self-sufficiency coordinators 
        under section 23 of the Act;
            (4) no less than $2,940,000 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''; and
            (5) $1,161,938,000 for administrative and other expenses of 
        public housing agencies in administering the section 8 tenant-
        based rental assistance program: Provided, That amounts 
        provided in this paragraph shall be allocated on a pro rata 
        basis to public housing agencies based on the amount public 
        housing agencies received in fiscal year 2004: Provided 
        further, That all amounts provided under this paragraph shall 
        be only for activities related to the provision of tenant-based 
        rental assistance authorized under section 8.

                    project-based rental assistance

                     (including transfer of funds)

    For activities and assistance for the provision of project-based 
subsidy contracts under the United States Housing Act of 1937, as 
amended (42 U.S.C. 1437 et seq.) (``the Act'' herein), not otherwise 
provided for, $5,340,745,000 to remain available until expended: 
Provided, That the amounts made available under this heading are 
provided as follows:
            (1) $5,236,885,000 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 
        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 administrative and other expenses associated with 
        project-based activities and assistance funded under this 
        paragraph;
            (2) $101,900,000 for performance-based contract 
        administrators for section 8 project-based assistance; and
            (3) no less than $1,960,000 shall be transferred to the 
        Working Capital Fund for the development of and modifications 
        to information technology systems which serve programs or 
        activities under this heading.

                      public housing capital fund

                     (including transfers 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) (the ``Act'') $2,580,000,000, to remain available 
until September 30, 2008: Provided, That notwithstanding any other 
provision of law or regulation, during fiscal year 2005, the Secretary 
may not delegate to any Department official other than the Deputy 
Secretary and the Assistant Secretary for Public and Indian Housing any 
authority under paragraph (2) of section 9(j) regarding the extension 
of the time periods under such section: Provided further, That for 
purposes of such section 9(j), 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 
$37,850,000 shall be for carrying out activities under section 9(h) of 
such Act, of which $12,440,000 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 no less than $10,150,000 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 $38,000,000 shall be available for the Secretary of Housing and 
Urban Development to make grants, notwithstanding section 205 of this 
Act, to public housing agencies for emergency capital needs resulting 
from unforeseen emergencies and natural disasters occurring in fiscal 
year 2005: Provided further, That of the total amount provided under 
this heading, $52,300,000 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 up to $5,000,000 to support the 
costs of administrative and judicial receiverships or other 
intervention activities.

                     public housing operating fund

    For 2005 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)), 
$3,425,000,000: 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 2005 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, $143,000,000, to remain available until 
September 30, 2006, of which the Secretary may use up to $4,000,000 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, 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 transfer 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.), 
$622,000,000, to remain available until expended, of which $2,100,000 
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 
$4,300,000 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 $2,600,000 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, 
$1,914,000 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 $17,155,000: 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), $5,000,000, 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 $145,345,000.
    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), $1,000,000, 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 $37,403,000.
    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.), $282,000,000, to remain available until September 30, 
2006: 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 such 
Act: Provided further, That the Secretary may use up to $2,500,000 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, $24,000,000 to remain 
available until expended, which amount shall be competitively awarded 
by September 1, 2005, 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.

                empowerment zones/enterprise communities

    For grants in connection with a second round of empowerment zones 
and enterprise communities, $14,250,000, to remain available until 
September 30, 2005, for ``Urban Empowerment Zones'', as authorized in 
section 1391(g) of the Internal Revenue Code of 1986 (26 U.S.C. 
1391(g)), including $950,000 for each empowerment zone for use in 
conjunction with economic development activities consistent with the 
strategic plan of each empowerment zone.

                       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, $4,711,000,000, to remain available until September 30, 
2007: Provided, That of the amount provided, $4,304,900,000 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 unless 
explicitly provided for under this heading (except for planning grants 
provided in the third paragraph and amounts made available in the 
second paragraph), 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: Provided further, That 
$69,000,000 shall be for grants to Indian tribes notwithstanding 
section 106(a)(1) of such Act, of which, notwithstanding any other 
provision of law (including Section 205 of this Act), up to $4,000,000 
may be used for emergencies that constitute imminent threats to health 
and safety; $3,200,000 shall be for a grant to the Housing Assistance 
Council; $2,400,000 shall be for a grant to the National American 
Indian Housing Council; $4,800,000 shall be available as a grant to the 
National Housing Development Corporation, for operating expenses not to 
exceed $2,000,000 and for a program of affordable housing acquisition 
and rehabilitation; $4,800,000 shall be available as a grant to the 
Raza Development Fund of La Raza for the HOPE Fund, of which $500,000 
is for technical assistance and fund management, and $4,300,000 is for 
investments in the HOPE Fund and financing to affiliated organizations; 
$36,700,000 shall be for grants pursuant to section 107 of the Act, of 
which $9,000,000 shall be for the Native Hawaiian block grant 
authorized under title VIII of the Native American Housing Assistance 
and Self-Determination Act of 1996; no less than $3,465,000 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''; $26,000,000 
shall be for grants pursuant to the Self Help Homeownership Opportunity 
Program; $33,500,000 shall be for capacity building, of which 
$28,800,000 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 $4,800,000 of the funding to be used in rural 
areas, including tribal areas, and of which $4,700,000 shall be for 
capacity building activities administered by Habitat for Humanity 
International; $2,000,000 shall be for the Special Olympics National 
Games Organizing Committee for planning, equipment, and operational 
expenses associated with the 2006 games in Ames, Iowa; $62,000,000 
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, $21,735,000 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 amounts made available under this paragraph 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, $136,500,000 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: Provided, That none of the funds provided under this paragraph may 
be used for program operations.
    The referenced statement of the managers under this heading in 
Public Law 108-7 is deemed to be amended with respect to item number 2 
with respect to amounts made available for the City of Boaz, Alabama by 
striking ``facilities renovation and expansion'' and inserting 
``construction of a new library''.
    The referenced statement of the managers under this heading in 
Public Law 108-7 is deemed to be amended with respect to item number 
740 by striking ``facilities renovation and construction'' and 
inserting ``an economic development planning study''.
    The referenced statement of the managers under this heading in 
Public Law 108-7 is deemed to be amended with respect to item number 
254 by striking ``Greater Community Council in Louisville, Kentucky for 
construction of a facility for low-income, disabled persons'' and 
inserting ``Portland Promise, Inc. in Louisville, Kentucky for a multi-
purpose facility''.
    The referenced statement of the managers under this heading in 
Public Law 108-7 is deemed to be amended with respect to item number 10 
with respect to amounts made available to the St. Stephen Family Life 
Center in Louisville, Kentucky by striking ``renovation'' and inserting 
``construction''.
    The referenced statement of the managers under this heading in 
Public Law 108-7 is deemed to be amended with respect to item number 
584 with respect to amounts made available for Queens Borough Public 
Library in Queens, New York by striking ``for facilities rehabilitation 
and expansion of the Parsons Boulevard complex'' and inserting ``for 
facilities construction and renovations''.
    The referenced statement of the managers under this heading in 
Public Law 108-199 is deemed to be amended with respect to item number 
198 by striking ``$160,000 for the Pine Mountain Beautification and 
Economic Development project in Harris County, Georgia for streetscape 
improvements'' and inserting ``$60,000 for the Beautification and 
Economic Development project in Harris County, Georgia for streetscape 
improvements; and $99,056 for the Beautification and Economic 
Development project in the Town of Pine Mountain, Georgia for 
streetscape improvements''.
    The referenced statement of the managers under this heading in 
Public Law 108-199 is deemed to be amended with respect to item number 
96 with respect to amounts made available for the City of Corona, 
California by striking ``construction'' and inserting ``rehabilitation 
and conversion''.
    The referenced statement of the managers under this heading in 
Public Law 108-199 is deemed to be amended with respect to item number 
257 with respect to amounts made available for Fort Dodge, Iowa by 
inserting ``planning, design and'' before the word ``facilities''.
    The referenced statement of the managers under this heading in 
Public Law 108-199 is deemed to be amended with respect to item number 
776 with respect to amounts made available for Rice University by 
inserting ``planning, design and'' before the word ``construction''.
    The referenced statement of the managers under this heading in 
Public Law 108-199 is deemed to be amended with respect to item number 
535 by striking ``facilities renovation, expansion and buildout for the 
D'Youville College Library Improvement project'' and inserting 
``Administration building renovation''.
    The referenced statement of the managers under this heading in 
Public Law 108-7 is deemed to be amended with respect to item number 
215 by striking ``construction of a fieldhouse located at 39th and 
Cottage Grove'' and inserting ``costs associated with construction of a 
LULA list at Ogden Park''.
    The referenced statement of the managers under this heading in 
Public Law 108-7 is deemed to be amended with respect to item number 
831 by striking ``Bread and Rose in Olympia, Washington for renovations 
to a homeless shelter'' and inserting ``Catholic Community Services in 
Olympia, Washington for construction of a homeless shelter''.
    The referenced statement of the managers under this heading in 
Public Law 108-199 is deemed to be amended with respect to item number 
303 by striking ``Maine'' and inserting ``Marine''.
    The referenced statement of the managers under this heading in 
Public Law 108-199 is deemed to be amended with respect to item number 
177 by inserting ``design and'' before the word ``construction''.
    The referenced statement of the managers under this heading in 
Public Law 108-199 is deemed to be amended with respect to item number 
163 by striking ``a special needs evacuation, senior, multipurpose 
center'' and inserting ``for Lakefront improvements to Lake Toho''.
    The referenced statement of the managers under this heading in 
Public Law 108-199 is deemed to be amended with respect to item number 
499 by striking ``relocation of and renovations to the Wolcott Carriage 
House'' and inserting ``facilities improvements to Erie Canal parks''.

         community development loan guarantees program account

                     (including transfer of funds)

    For the cost of guaranteed loans, $6,000,000, to remain available 
until September 30, 2006, 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 competitive economic development grants, as authorized by 
section 108(q) of the Housing and Community Development Act of 1974, as 
amended, for Brownfields redevelopment projects, $24,000,000, to remain 
available until September 30, 2006.

                  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, $1,835,000,000, to remain available until September 30, 2007: 
Provided, That of the total amount provided in this paragraph, up to 
$38,000,000 shall be available for housing counseling under section 106 
of the Housing and Urban Development Act of 1968, and no less than 
$2,000,000 shall be transferred to the Working Capital Fund for the 
development of and modifications to information technology systems 
which serve programs or activities under ``Community planning and 
development''.
    In addition to amounts otherwise made available under this heading, 
$85,000,000, to remain available until September 30, 2007, for 
assistance to homebuyers as authorized under title I of the American 
Dream Downpayment Act.

                       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, $1,206,000,000, of which $1,186,000,000 shall remain 
available until September 30, 2007, and of which $20,000,000 shall 
remain available until expended: 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 $11,500,000 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 $2,500,000 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 programs or activities under ``Community 
planning and development'': Provided further, That all balances for 
Shelter Plus Care renewals previously funded from the Shelter Plus Care 
Renewal account shall be transferred to this account, to be available 
for Shelter Plus Care renewals in fiscal year 2005.

                            Housing Programs

                        housing for the elderly

                     (including transfer of funds)

    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, $741,000,000, to 
remain available until September 30, 2008, of which amount $48,000,000 
shall be for service coordinators and the continuation of existing 
congregate service grants for residents of assisted housing projects, 
and of which amount up to $20,000,000 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 
and for emergency capital repairs as determined by the Secretary: 
Provided, 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 competitive 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 no less than $450,000 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 further, That the Secretary may waive the 
provisions of section 202 governing the terms and conditions of project 
rental assistance, except that the initial contract term for such 
assistance shall not exceed 5 years in duration.
    Title II of the Departments of Veterans Affairs and Housing and 
Urban Development, and Independent Agencies Appropriations Act, 2004, 
is amended under this heading by striking the fourth proviso.

                 housing for persons with disabilities

                     (including transfer of funds)

    For capital advance contracts, 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 1-year terms, 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, including renewal of 
expiring contracts for such assistance for up to 1-year terms, 
$238,000,000, to remain available until September 30, 2008: Provided, 
That no less than $450,000 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 further, That, of the 
amount provided under this heading $28,890,000 shall be for amendments 
to existing tenant-based assistance contracts entered into prior to 
fiscal year 2004 (only one amendment authorized for any such contract): 
Provided further, That of the amount provided under this heading, the 
Secretary may make available up to $10,000,000 for incremental tenant-
based rental assistance, as authorized by section 811 of such Act, 
(which assistance is five years in duration): Provided further, That 
the Secretary may waive the provisions of section 811 governing the 
terms and conditions of project rental assistance and tenant-based 
assistance, except that the initial contract term for such assistance 
shall not exceed five years in duration.
    Title II of the Departments of Veterans Affairs and Housing and 
Urban Development, and Independent Agencies Appropriations Act, 2004, 
is amended under this heading by striking the fourth proviso: Provided, 
That all section 811 balances outstanding, as of September 30, 2003, 
shall be transferred to the appropriation under this heading.
    The paragraph under this heading in the Departments of Veterans 
Affairs and Housing and Urban Development, and Independent Agencies 
Appropriations Act, 2004, is amended by inserting at the end of the 
paragraph and before the period the following: ``: Provided further, 
That of the amount provided under this heading, $14,610,000 shall be 
for amendments to existing tenant-based assistance contracts entered 
into prior to fiscal year 2004 (only one amendment authorized for any 
such contract)''.

                         flexible subsidy fund

                          (transfer of funds)

    From the Rental Housing Assistance Fund, all uncommitted balances 
of excess rental charges as of September 30, 2004, and any collections 
made during fiscal year 2005, shall be transferred to the Flexible 
Subsidy Fund, as authorized by section 236(g) of the National Housing 
Act, as amended.

                  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.), up to $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 2005 so as to result in a final fiscal year 2005 
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 2005 appropriation.

                     Federal Housing Administration

               mutual mortgage insurance program account

                     (including transfers of funds)

    During fiscal year 2005, 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 2005, 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, $356,882,000, of which not to exceed 
$352,906,000 shall be transferred to the appropriation for ``Salaries 
and expenses''; and not to exceed $3,976,000 shall be transferred to 
the appropriation for ``Office of Inspector General''. In addition, for 
administrative contract expenses, $78,000,000, of which no less than 
$15,000,000 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, 2005, 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, $10,000,000, 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 $35,000,000,000.
    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, $227,649,000, of which 
$207,767,000 shall be transferred to the appropriation for ``Salaries 
and expenses''; and of which $19,882,000 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, $86,000,000, of 
which no less than $9,600,000 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 $8,426,000,000 on or before 
April 1, 2005, 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, 2006.
    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, $45,000,000, to remain 
available until September 30, 2006: Provided, That of the total amount 
provided under this heading, $7,000,000 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, 
$46,000,000, to remain available until September 30, 2006, of which 
$19,500,000 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, 
$167,000,000, to remain available until September 30, 2006, of which 
$9,900,000 shall be for the Healthy Homes Initiative, pursuant to 
sections 501 and 502 of the Housing and Urban Development Act of 1970 
that shall include research, studies, testing, and demonstration 
efforts, including education and outreach concerning lead-based paint 
poisoning and other housing-related diseases and hazards: Provided, 
That for purposes of environmental review, pursuant to the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other 
provisions of law that further the purposes of such Act, a grant under 
the Healthy Homes Initiative, Operation Lead Elimination Action Plan 
(LEAP), or the Lead Technical Studies program under this heading or 
under prior appropriations Acts for such purposes under this heading, 
shall be considered to be funds for a special project for purposes of 
Sec. 305(c) of the Multifamily Housing Property Disposition Reform Act 
of 1994.

                     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, $1,116,575,000, of 
which $560,672,000 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, That funds made 
available under this heading shall only be allocated in the manner 
specified in the report accompanying this Act unless the Committees on 
Appropriations of both the House of Representatives and the Senate are 
notified of any changes in an operating plan or reprogramming: Provided 
further, That no official or employee of the Department shall be 
designated as an allotment holder unless the Office of the Chief 
Financial Officer (OCFO) has determined that such allotment holder has 
implemented an adequate system of funds control and has received 
training in funds control procedures and directives: Provided further, 
That the Chief Financial Officer shall establish positive control of 
and maintain adequate systems of accounting for appropriations and 
other available funds as required by 31 U.S.C. 1514: Provided further, 
That for purposes of funds control and determining whether a violation 
exists under the Anti-Deficiency Act (31 U.S.C. 1341 et seq.), the 
point of obligation shall be the executed agreement or contract, except 
with respect to insurance and guarantee programs, certain types of 
salaries and expenses funding, and incremental funding that is 
authorized under an executed agreement or contract, and shall be 
designated in the approved funds control plan: Provided further, That 
the Chief Financial Officer shall: (1) appoint qualified personnel to 
conduct investigations of potential or actual violations; (2) establish 
minimum training requirements and other qualifications for personnel 
that may be appointed to conduct investigations; (3) establish 
guidelines and timeframes for the conduct and completion of 
investigations; (4) prescribe the content, format and other 
requirements for the submission of final reports on violations; and (5) 
prescribe such additional policies and procedures as may be required 
for conducting investigations of, and administering, processing, and 
reporting on, potential and actual violations of the Anti-Deficiency 
Act and all other statutes and regulations governing the obligation and 
expenditure of funds made available in this or any other Act.

                          working capital fund

    For additional capital for the Working Capital 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, $100,000,000, to remain available until September 30, 2006: 
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, 
$100,858,000, of which $23,858,000 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.

             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, $59,209,000, to remain available 
until expended, to be derived from the Federal Housing Enterprises 
Oversight Fund: Provided, That the Secretary shall submit a spending 
plan for the amounts provided under this heading no later than January 
15, 2005: Provided further, That not less than 60 percent of total 
amount made available under this heading shall be used only for 
examination, supervision, and capital oversight of the enterprises (as 
such term is defined in section 1303 of the Federal Housing Enterprises 
Financial Safety and Soundness Act of 1992 (12 U.S.C. 4502)) to ensure 
that the enterprises are operating in a financially safe and sound 
manner and complying with the capital requirements under Subtitle B of 
such Act: Provided further, That not to exceed the amount provided 
herein shall be available from the general fund of the Treasury to the 
extent necessary to incur obligations and make expenditures pending the 
receipt of collections to the Fund: Provided further, That the general 
fund amount shall be reduced as collections are received during the 
fiscal year so as to result in a final appropriation from the general 
fund estimated at not more than $0.

                       Public and Indian Housing

                        housing certificate fund

                              (rescission)

    Of the unobligated balances, including recaptures and carryover, 
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 2004 and prior years, $1,557,000,000 is rescinded, to be effected 
by the Secretary no later than September 30, 2005: Provided, 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: Provided 
further, That except to the extent that amounts appropriated under this 
heading in fiscal year 2004 are needed to complete funding of public 
housing agencies pursuant to the terms and conditions of such 
appropriated amounts, no amounts recaptured from amounts appropriated 
in prior years under this heading or the heading ``Annual contributions 
for assisted housing'' and no carryover of such appropriated amounts 
shall be available in FY 2005 for activities provided for under the 
heading ``Tenant-based rental assistance''.

             drug elimination grants for low-income housing

                              (rescission)

    Of the unobligated balances remaining from funds appropriated in 
fiscal year 2001 and prior years under the heading ``Drug elimination 
grants for low-income housing'', $5,000,000 are rescinded.

                  native american housing block grants

                              (rescission)

    Of the unobligated balances remaining from funds appropriated in 
fiscal year 2004 and prior years under the heading ``Native American 
housing block grants'' for activities related to title VI of NAHASDA, 
$21,000,000 are rescinded.

             indian housing loan guarantee program account

                              (rescission)

    Of the unobligated balances remaining from funds appropriated in 
fiscal year 2004 and prior years under the heading ``Indian housing 
loan guarantee fund program account'' for activities related to the 
cost of guaranteed loans, $33,000,000 are rescinded.

                            Housing Programs

                       rental housing assistance

                              (rescission)

    Of the amounts made available under the heading ``Rent Supplement'' 
in Public Law 98-63 for amendments to contracts under section 101 of 
the Housing and Urban Development Act of 1965 (12 U.S.C. 1701s) and 
section 236(f)(2) of the National Housing Act (12 U.S.C. 1715z-1) in 
State-aided, non-insured rental housing projects, $675,000,000 is 
cancelled.

                     Federal Housing Administration

                general and special risk program account

                              (rescission)

    Of the unobligated balances remaining from credit subsidy 
appropriated in fiscal year 2004 and prior years under the heading 
``General and special risk program account'', $30,000,000 are 
rescinded.

                       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 2005 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 2005 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 2005 under such clause (ii) because the areas in the State 
        outside of the metropolitan statistical areas that qualify 
        under clause (i) in fiscal year 2005 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 2005, 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. (a) During fiscal year 2005, 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. 205. Except as explicitly provided in law, any grant, 
cooperative agreement or other assistance made pursuant to title II of 
this Act shall be made on a competitive basis and in accordance with 
section 102 of the Department of Housing and Urban Development Reform 
Act of 1989.
    Sec. 206. Funds of the Department of Housing and Urban Development 
subject to the Government Corporation Control Act or section 402 of the 
Housing Act of 1950 shall be available, without regard to the 
limitations on administrative expenses, for legal 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. 207. Unless otherwise provided for in this Act or through a 
reprogramming of funds, no part of any appropriation for the Department 
of Housing and Urban Development shall be available for any program, 
project or activity in excess of amounts set forth in the budget 
estimates submitted to Congress.
    Sec. 208. Corporations and agencies of the Department of Housing 
and Urban Development which are subject to the 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 
2005 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. 209. 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 2005, HUD shall transmit 
this information to the Committees by March 15, 2005 for 30 days of 
review.
    Sec. 210. The Secretary of Housing and Urban Development shall 
provide quarterly reports to the House and Senate Committees on 
Appropriations regarding all uncommitted, unobligated, recaptured 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. 211. Notwithstanding any other provision of law, in fiscal 
year 2005, 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. 212. (a) Notwithstanding any other provision of law, the 
amount allocated for fiscal year 2005 under section 854(c) of the AIDS 
Housing Opportunity Act (42 U.S.C. 12903(c)), to the City of 
Wilmington, Delaware, on behalf of the Wilmington, Delaware-Maryland-
New Jersey Metropolitan Division (hereafter ``metropolitan division''), 
shall be adjusted by the Secretary of Housing and Urban Development by 
allocating to the State of New Jersey the proportion of the 
metropolitan division's amount that is based on the number of cases of 
AIDS reported in the portion of the metropolitan division that is 
located in New Jersey. The State of New Jersey shall use amounts 
allocated to the State under this subsection to carry out eligible 
activities under section 855 of the AIDS Housing Opportunity Act (42 
U.S.C. 12904) in the portion of the metropolitan division that is 
located in New Jersey.
    (b) Notwithstanding any other provision of law, the Secretary of 
Housing and Urban Development shall allocate to Wake County, North 
Carolina, the amounts that otherwise would be allocated for fiscal year 
2005 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-Cary, 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.
    (c) Notwithstanding section 854(c) of the AIDS Housing Opportunity 
Act (42 U.S.C. 12903(c)), the Secretary of Housing and Urban 
Development may adjust the allocation of the amounts that otherwise 
would be allocated for fiscal year 2005 under section 854(c) of such 
Act, upon the written request of an applicant, in conjunction with the 
State(s), for a formula allocation on behalf of a metropolitan 
statistical area, to designate the State or States in which the 
metropolitan statistical area is located as the eligible grantee(s) of 
the allocation. In the case that a metropolitan statistical area 
involves more than one State, such amounts allocated to each State 
shall be in proportion to the number of cases of AIDS reported in the 
portion of the metropolitan statistical area located in that State. Any 
amounts allocated to a State under this section shall be used to carry 
out eligible activities within the portion of the metropolitan 
statistical area located in that State.
    Sec. 213. Notwithstanding any other provision of law, funds 
appropriated for the housing for the elderly, as authorized by section 
202 of the Housing Act of 1959, as amended, and for supportive housing 
for persons with disabilities, as authorized by section 811 of the 
Cranston-Gonzalez National Affordable Housing Act, shall be available 
for the cost of maintaining and disposing of such properties that are 
acquired or otherwise become the responsibility of the Department.
    Sec. 214. The Department of Housing and Urban Development shall 
submit the Department's fiscal year 2006 congressional budget 
justifications to the Committees on Appropriations of the House of 
Representatives and the Senate using the identical structure provided 
under this Act and only in accordance with the direction specified in 
the report accompanying this Act.
    Sec. 215. That incremental voucher previously made available under 
the heading ``Housing Certificate Fund'' for non-elderly disabled 
families shall, to the extent practicable, continue to be provided to 
non-elderly disabled families upon turnover.
    Sec. 216. The installment contract between the Village of Hanna 
City, Illinois and the General Services Administration is in the nature 
of a purchase money mortgage which will be paid off at initial closing. 
The Department of Housing and Urban Development shall accept the 
Village of Hanna City, Illinois' holding of equitable title to this 
property as sufficient for the purposes of the section 202 housing 
program.
    Sec. 217. 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.

                    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; not to exceed $7,500 for official 
reception and representation expenses; and insurance of official motor 
vehicles in foreign countries, when required by law of such countries, 
$41,100,000, to remain available until expended.

                 foreign currency fluctuations account

    For necessary expenses, not otherwise provided for, of the American 
Battle Monuments Commission, $9,000,000, to remain available until 
expended, for purposes authorized by 36 U.S.C. 2109.

             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, 
$9,451,000: Provided, That the Chemical Safety and Hazard Investigation 
Board (Board) shall have not more than three career Senior Executive 
Service positions: Provided further, That notwithstanding any other 
provision of law, the individual appointed to the position of Inspector 
General of the Environmental Protection Agency (EPA) shall, by virtue 
of such appointment, also hold the position of Inspector General of the 
Board: Provided further, That notwithstanding any other provision of 
law, the Inspector General of the Board shall utilize personnel of the 
Office of Inspector General of EPA in performing the duties of the 
Inspector General of the Board, and shall not appoint any individuals 
to positions within the Board.

                             emergency fund

    For necessary expenses of the Chemical Safety and Hazard 
Investigation Board for accident investigations not otherwise provided 
for, $400,000, to remain available until expended.

                       Department of the Treasury

              Community Development Financial Institutions

   community development financial institutions fund program account

    To carry out the Community Development Banking and 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, $60,640,000, to remain available until 
September 30, 2006, of which $4,000,000 shall be for financial 
assistance, technical assistance, training and outreach programs 
designed to benefit Native American, Native Hawaiian, and Alaskan 
Native communities and provided primarily through qualified community 
development lender organizations with 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 $15,321,000 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, $62,650,000.

             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.), $541,000,000, to 
remain available until September 30, 2006: Provided, That not more than 
$290,000,000 of the amount provided under this heading shall be 
available for grants under the National Service Trust Program 
authorized under subtitle C of title I of the Act (42 U.S.C. 12571 et 
seq.) (relating to activities of the AmeriCorps program), including 
grants to organizations operating projects under the AmeriCorps 
Education Awards Program (without regard to the requirements of 
sections 121(d) and (e), section 131(e), section 132, and sections 
140(a), (d), and (e) of the Act), except no funds shall be available 
for programs authorized by section 121(b) of the Act: Provided further, 
That not less than $144,000,000 of the amount provided under this 
heading, to remain available without fiscal year limitation, shall be 
transferred 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 $3,900,000 shall be to support the President's Freedom 
Scholarships for high school students performing community service; and 
$13,000,000 shall be held in reserve as defined in Public Law 108-45: 
Provided further, That in addition to amounts otherwise provided to the 
National Service Trust under the second proviso, the Corporation may 
transfer funds from the amount provided under the first proviso, to the 
National Service Trust authorized under subtitle D of title I of the 
Act (42 U.S.C. 12601) upon determination that such transfer is 
necessary to support the activities of national service participants 
and after notice is transmitted to Congress: Provided further, That 
from funds provided under this heading, the following amounts are 
available: (1) not more than $12,000,000 for quality and innovation 
activities authorized under subtitle H of title I of the Act of which 
up to $3,000,000 shall be available for challenge grants to nonprofit 
organizations; (2) not more than $25,500,000 of the funds made 
available under this heading shall be available for the Civilian 
Community Corps authorized under subtitle E of title I of the Act (42 
U.S.C. 12611 et seq.); (3) not more than $40,000,000 shall be available 
for school-based and community-based service-learning programs 
authorized under subtitle B of title I of the Act (42 U.S.C. 12521 et 
seq.); (4) not more than $3,000,000 shall be available for audits and 
other evaluations authorized under section 179 of the Act (42 U.S.C. 
12639); (5) not more than $9,700,000 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; 
(6) not more than $4,800,000 shall be for America's Promise--The 
Alliance for Youth, Inc.; (7) not more than $12,000,000 to provide 
assistance to state commissions on national and community service under 
section 126(a) of the Act; and (8) such additional amounts as may be 
necessary for educational awards authorized under subtitle D of title I 
of the Act, to be transferred to the National Service Trust: Provided 
further, That the Corporation may use up to one percent of program 
grant funds made available under this heading to defray its costs of 
conducting grant application reviews, including the use of outside peer 
reviewers.

                         salaries and expenses

    For necessary expenses of administration as provided under section 
501(a)(4) of the National and Community Service Act of 1990 (42 U.S.C. 
12501 et seq.) including payment of salaries, 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, $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, $6,000,000, 
to remain available until September 30, 2006.

                       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.
    The Inspector General of the Corporation for National and Community 
Service shall conduct audits of the grantees that administer activities 
under the AmeriCorps programs and shall levy sanctions in accordance 
with standard Inspector General audit resolution procedures which 
include, but are not limited to, debarment of any grantee (or successor 
in interest or any entity with substantially the same person or persons 
in control) that has been determined to have committed any substantial 
violations of the requirements of the AmeriCorps programs, including 
any grantee that has been determined to have violated the prohibition 
of using Federal funds to lobby the Congress: Provided, That the 
Inspector General shall obtain reimbursements in the amount of any 
misused funds from any grantee that has been determined to have 
committed any substantial violations of the requirements of the 
AmeriCorps programs.

           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, 
$16,725,000, of which $1,100,000 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 
for official reception and representation expenses, $29,600,000, 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, $80,486,000.

            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, $76,654,000: 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 2005, 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 $85,000 per project, 
$729,029,000, which shall remain available until September 30, 2006.

                 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 $85,000 per project; and not to exceed $9,000 
for official reception and representation expenses, $2,241,476,000, 
which shall remain available until September 30, 2006, including 
administrative costs of the brownfields program under the Small 
Business Liability Relief and Brownfields Revitalization Act of 2002: 
Provided, That the funds appropriated under this heading in Public Law 
108-199 and by this Act to carry out paragraph (c)(12) of section 118 
of the Federal Water Pollution Control Act, as amended, shall remain 
available until September 30, 2007.

                      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 $85,000 per project, 
$37,000,000, to remain available until September 30, 2006.

                        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, $39,000,000, 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 $85,000 per project; 
$1,257,537,000, to remain available until expended, consisting of such 
sums as are available in the Trust Fund upon the date of enactment of 
this Act as authorized by section 517(a) of the Superfund Amendments 
and Reauthorization Act of 1986 (SARA) and up to $1,257,537,000 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, $13,000,000 
shall be transferred to the ``Office of Inspector General'' 
appropriation to remain available until September 30, 2006, and 
$36,097,000 shall be transferred to the ``Science and technology'' 
appropriation to remain available until September 30, 2006.

                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 $85,000 per project, $74,000,000, 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, 
$16,000,000, 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, $3,359,027,000, to remain available until expended, 
of which $850,000,000 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''), of which up to 
$50,000,000 shall be available for loans, including interest free loans 
as authorized by 33 U.S.C. 1383(d)(1)(A), to municipal, inter-
municipal, interstate, or State agencies or nonprofit entities for 
projects that provide treatment for or that minimize sewage or 
stormwater discharges using one or more approaches which include, but 
are not limited to, decentralized or distributed stormwater controls, 
decentralized wastewater treatment, low-impact development practices, 
conservation easements, stream buffers, or wetlands restoration; 
$845,000,000 shall be for capitalization grants for the Drinking Water 
State Revolving Funds under section 1452 of the Safe Drinking Water 
Act, as amended; $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; $20,000,000 shall be for grants to 
the State of Alaska to address drinking water and waste infrastructure 
needs of rural and Alaska Native Villages; $323,400,000 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 report accompanying this legislation; $95,000,000 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; 
$4,000,000 shall be for a grant to Puerto Rico for drinking water 
infrastructure improvements to the Metropolitano community water system 
in San Juan; $10,000,000 for a cost-shared grant program to school 
districts for necessary upgrades of their diesel bus fleets; and 
$1,161,627,000 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 $50,000,000 
shall be for carrying out section 128 of CERCLA, as amended, and 
$19,500,000 shall be for Environmental Information Exchange Network 
grants, including associated program support costs, and $14,500,000 
shall be for making competitive targeted watershed grants: Provided 
further, That for fiscal year 2005, 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 2005 
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 2005, 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 2005, 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 108-07, in 
reference to item number 471, is deemed to be amended by striking 
everything after ``for'' and inserting, ``for water infrastructure 
improvements'': Provided further, That the referenced statement of the 
managers under this heading in Public Law 108-199, in reference to item 
number 22, is deemed to be amended by striking everything after ``22.'' 
and inserting, ``$200,000 to Jackson County, Alabama, for water system 
improvements and $200,000 to the City of Muscle Shoals, Alabama, for 
water and sewer infrastructure improvements'': Provided further, That 
the referenced statement of the managers under this heading in Public 
Law 108-199, in reference to item number 158, is deemed to be amended 
by inserting ``water and'' after ``for''.

                       administrative provisions

    For fiscal year 2005, 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.
    The Administrator of the Environmental Protection Agency is 
authorized to collect and obligate pesticide registration service fees 
in accordance with section 33 of the Federal Insecticide, Fungicide, 
and Rodenticide Act (as added by subsection (f)(2) of the Pesticide 
Registration Improvement Act of 2003), as amended.
    Notwithstanding CERCLA 104(k)(4)(B)(i)(IV), appropriated funds for 
fiscal year 2005 may 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.
    The Administrator may hereafter receive and use funds contributed 
by a non-Federal sponsor as its share of the cost of a project to carry 
out a project under paragraph (c)(12) of section 118 of the Federal 
Water Pollution Control Act, as amended.
    Notwithstanding any other provision of law, the Environmental 
Protection Agency and the New York State Department of Environmental 
Conservation are authorized to award a $2,000,000 grant to the Town of 
Wheatfield, Niagara County, New York for the construction of sanitary 
collector sewers from funds realloted to the State of New York under 
title II of the Clean Water Act.

                   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, $7,081,000.

  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, $3,284,000: 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, $30,125,000, 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, $14,907,000, 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 
$27,000,000. Appropriations, revenues, and collections accruing to this 
Fund during fiscal year 2005 in excess of such amount 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 Homelessness 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

                  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, $7,621,169,000, to remain available until 
September 30, 2006, 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 ``Exploration capabilities'' in accordance with 
section 312(b) of the National Aeronautics and Space Act of 1958, as 
amended by Public Law 106-377.

                        exploration capabilities

                     (including transfer of funds)

    For necessary expenses, not otherwise provided for, in the conduct 
and support of exploration 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, $7,496,800,000, to remain available until 
September 30, 2006, 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 ``Science, aeronautics and exploration'' 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, 
$31,400,000.

                       administrative provisions

    Notwithstanding the limitation on the availability of funds 
appropriated for ``Science, aeronautics and exploration'', or 
``Exploration capabilities'' by this appropriations Act, when any 
activity has been initiated by the incurrence of obligations for 
construction of facilities or environmental compliance and restoration 
activities 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 
``Exploration capabilities'' by this appropriations Act, the amounts 
appropriated for construction of facilities shall remain available 
until September 30, 2007.
    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.

                  National Credit Union Administration

                       central liquidity facility

    During fiscal year 2005, 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 2005 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, $1,000,000 shall be 
available: Provided, That of this amount $200,000, 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, 2006 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; and 
acquisition of aircraft; $4,151,745,000, of which not to exceed 
$350,000,000 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, 2006: 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.

          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, 
$208,200,000, 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, and rental of 
conference rooms in the District of Columbia, $842,985,000, to remain 
available until September 30, 2006.

                         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; $249,970,000: Provided, That contracts may be entered into 
under ``Salaries and expenses'' in fiscal year 2005 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.), 
$3,950,000: Provided, That not more than $9,000 shall be available for 
official reception and representation expenses.

                    office of the inspector general

    For necessary expenses of the Office of Inspector General as 
authorized by the Inspector General Act of 1978, as amended, 
$10,110,000, to remain available until September 30, 2006.

                 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.

                        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; 
$26,300,000: 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.

      White House Commission on the National Moment of Remembrance

    For necessary expenses of the White House Commission on the 
National Moment of Remembrance, $250,000.

                      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 Officer 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. 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. 409. Such sums as may be necessary for fiscal year 2005 pay 
raises for programs funded by this Act shall be absorbed within the 
levels appropriated in this Act.
    Sec. 410. (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. 411. 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. 412. 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. 413. 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. 414. 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. 415. None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government except pursuant to a transfer made by, or transfer 
authority provided in, this Act or any other appropriation Act.
    Sec. 416. 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. 417. Section 313 of the National Aeronautics and Space 
Administration Act of 1958, as amended, is further amended in 
subsection (a) by striking ``Space flight capabilities'' and inserting 
``Exploration capabilities''.
    Sec. 418. None of the funds made available in this Act may be used 
to implement any policy prohibiting the Directors of the Veterans 
Integrated Service Networks from conducting outreach or marketing to 
enroll new veterans within their respective Networks.
    Sec. 419. Of the amounts available to the National Aeronautics and 
Space Administration, such sums as maybe necessary for the benefit of 
the families of the astronauts who died on board the Space Shuttle 
Columbia on February 1, 2003, are available under the terms of section 
203(c)(13) of the National Aeronautics and Space Act of 1958, as 
amended, independent of the limitations established therein.
    Sec. 420. Section 315(a) of the National Aeronautics and Space Act 
of 1958 (42 U.S.C. 2459(a)) is amended by striking ``two (2)'' and 
inserting ``4''.
    This Act may be cited as the ``Departments of Veterans Affairs and 
Housing and Urban Development, and Independent Agencies Appropriations 
Act, 2005''.
                                                 Union Calendar No. 413

108th CONGRESS

  2d Session

                               H. R. 5041

                          [Report No. 108-674]

_______________________________________________________________________

                                 A BILL

   Making appropriations for the Departments of Veterans Affairs and 
  Housing and Urban Development, and for sundry independent agencies, 
  boards, commissions, corporations, and offices for the fiscal year 
           ending September 30, 2005, and for other purposes.

_______________________________________________________________________

                           September 9, 2004

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed