[Congressional Record (Bound Edition), Volume 149 (2003), Part 21]
[Senate]
[Pages 28902-28931]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2150. Mr. BOND (for himself and Ms. Mikulski) proposed an 
amendment to the bill H.R. 2861, making appropriations for the 
Departments of Veterans Affairs and Housing and Urban Development, and 
for sundry independent agencies, boards, commissions, corporations, and 
offices for the fiscal year ending September 30, 2004, and for other 
purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     That the following sums are appropriated, out of any money in 
     the Treasury not otherwise appropriated, for the Departments 
     of Veteran Affairs and Housing and Urban Development, and for 
     sundry independent agencies, boards, commissions, 
     corporations, and offices for the fiscal year ending 
     September 30, 2004, and for other purposes, namely:

                TITLE I--DEPARTMENT OF VETERANS AFFAIRS

                    Veterans Benefits Administration


                       Compensation and Pensions

                     (including transfer of funds)

       For the payment of compensation benefits to or on behalf of 
     veterans and a pilot program for disability examinations as 
     authorized by law (38 U.S.C. 107, chapters 11, 13, 18, 51, 
     53, 55, and 61); pension benefits to or on behalf of veterans 
     as authorized by law (38 U.S.C. chapters 15, 51, 53, 55, and 
     61; 92 Stat. 2508); and burial benefits, emergency and other 
     officers' retirement pay, adjusted-service credits and 
     certificates, payment of premiums due on commercial life 
     insurance policies guaranteed under the provisions of article 
     IV of the Soldiers' and Sailors' Civil Relief Act of 1940 (50 
     U.S.C. App. 540 et seq.) and for other benefits as authorized 
     by law (38 U.S.C. 107, 1312, 1977, and 2106, chapters 23, 51, 
     53, 55, and 61; 50 U.S.C. App. 540-548; 43 Stat. 122, 123; 45 
     Stat. 735; 76 Stat. 1198), $29,845,127,000, to remain 
     available until expended: Provided, That not to exceed 
     $17,056,000 of the amount appropriated under this heading 
     shall be reimbursed to ``General operating expenses'' and 
     ``Medical care'' for necessary expenses in implementing those 
     provisions authorized in the Omnibus Budget Reconciliation 
     Act of 1990, and in the Veterans' Benefits Act of 1992 (38 
     U.S.C. chapters 51, 53, and 55), the funding source for which 
     is specifically provided as the ``Compensation and pensions'' 
     appropriation: Provided further, That such sums as may be 
     earned on an actual qualifying patient basis, shall be 
     reimbursed to ``Medical facilities revolving fund'' to 
     augment the funding of individual medical facilities for 
     nursing home care provided to pensioners as authorized.


                         readjustment benefits

       For the payment of readjustment and rehabilitation benefits 
     to or on behalf of veterans as authorized by law (38 U.S.C. 
     chapters 21, 30, 31, 34, 35, 36, 39, 51, 53, 55, and 61), 
     $2,529,734,000, to remain available until expended: Provided, 
     That expenses for rehabilitation program services and 
     assistance which the Secretary is authorized to provide under 
     section 3104(a) of title 38, United States Code, other than 
     under subsection (a)(1), (2), (5), and (11) of that section, 
     shall be charged to this account.


                   veterans insurance and indemnities

       For military and naval insurance, national service life 
     insurance, servicemen's indemnities, service-disabled 
     veterans insurance, and veterans mortgage life insurance as 
     authorized by 38 U.S.C. chapter 19; 70 Stat. 887; 72 Stat. 
     487, $29,017,000, to remain available until expended.


         veterans housing benefit program fund program account

                     (including transfer of funds)

       For the cost of direct and guaranteed loans, such sums as 
     may be necessary to carry out the program, as authorized by 
     38 U.S.C. chapter 37, as amended: Provided, That such costs, 
     including the cost of modifying such loans, shall be as 
     defined in section 502 of the Congressional Budget Act of 
     1974, as amended: Provided further, That during fiscal year 
     2004, within the resources available, not to exceed $300,000 
     in gross obligations for direct loans are authorized for 
     specially adapted housing loans.
       In addition, for administrative expenses to carry out the 
     direct and guaranteed loan programs, $154,850,000, which may 
     be transferred to and merged with the appropriation for 
     ``General operating expenses''.


                  education loan fund program account

                     (including transfer of funds)

       For the cost of direct loans, $1,000, as authorized by 38 
     U.S.C. 3698, as amended: Provided, That such costs, including 
     the cost of modifying such loans, shall be as defined in 
     section 502 of the Congressional Budget Act of 1974, as 
     amended: Provided further, That these funds are available to 
     subsidize gross obligations for the principal amount of 
     direct loans not to exceed $3,400.
       In addition, for administrative expenses necessary to carry 
     out the direct loan program, $70,000, which may be 
     transferred to and merged with the appropriation for 
     ``General operating expenses''.


            vocational rehabilitation loans program account

                     (including transfer of funds)

       For the cost of direct loans, $52,000, as authorized by 38 
     U.S.C. chapter 31, as amended: Provided, That such costs, 
     including the cost of modifying such loans, shall be as 
     defined in section 502 of the Congressional Budget Act of 
     1974, as amended: Provided further, That funds made available 
     under this heading are available to subsidize gross 
     obligations for the principal amount of direct loans not to 
     exceed $3,938,000: Provided further, That the loan level 
     shall be considered an estimate and not a limitation.
       In addition, for administrative expenses necessary to carry 
     out the direct loan program, $300,000, which may be 
     transferred to and merged with the appropriation for 
     ``General operating expenses''.


          native american veteran housing loan program account

                     (including transfer of funds)

       For administrative expenses to carry out the direct loan 
     program authorized by 38 U.S.C. chapter 37, subchapter V, as 
     amended, $571,000, which may be transferred to and merged 
     with the appropriation for ``General operating expenses''.

  guaranteed transitional housing loans for homeless veterans program 
                                account

       For the administrative expenses to carry out the guaranteed 
     transitional housing loan program authorized by 38 U.S.C. 
     chapter 37, subchapter VI, not to exceed $750,000 of the 
     amounts appropriated by this Act for ``General operating 
     expenses'' and ``Medical care'' may be expended.

                     Veterans Health Administration


                              medical care

                     (including transfer of funds)

       For necessary expenses for the maintenance and operation of 
     hospitals, nursing homes, and domiciliary facilities; for 
     furnishing, as authorized by law, inpatient and outpatient 
     care and treatment to beneficiaries of the Department of 
     Veterans Affairs, including care and treatment in facilities 
     not under the jurisdiction of the department; and furnishing 
     recreational facilities, supplies, and equipment; funeral, 
     burial, and other expenses incidental thereto for 
     beneficiaries receiving care in the department; 
     administrative expenses in support of planning, design, 
     project management, real property acquisition and 
     disposition, construction and renovation of any facility 
     under the jurisdiction or for the use of the department; 
     oversight, engineering and architectural activities not 
     charged to project cost; repairing, altering, improving or 
     providing facilities in the several hospitals and homes under 
     the jurisdiction of the department, not otherwise provided 
     for, either by contract or by the hire of temporary employees 
     and purchase of materials; uniforms or allowances therefor, 
     as authorized by 5 U.S.C. 5901-5902; aid to State homes as 
     authorized by 38 U.S.C. 1741; administrative and legal 
     expenses of the department for collecting and recovering 
     amounts owed the department as authorized under 38 U.S.C. 
     chapter 17, and the Federal Medical Care Recovery Act, 42 
     U.S.C. 2651 et seq., $25,488,080,000, plus reimbursements: 
     Provided, That, notwithstanding any other provision of law, 
     the Secretary of Veterans Affairs shall establish a priority 
     for treatment for veterans who are service-connected 
     disabled, lower income, or have special needs: Provided 
     further, That, notwithstanding any other provision of law, 
     the Secretary of Veterans Affairs shall give priority funding 
     for the provision of basic medical benefits to veterans in 
     enrollment priority groups 1 through 6: Provided further, 
     That of the funds made available under this heading, 
     $1,100,000,000 is for equipment and land and

[[Page 28903]]

     structures object classifications only, which amount shall 
     not become available for obligation until August 1, 2004, and 
     shall remain available until September 30, 2005: Provided 
     further, That of the funds made available under this heading, 
     not to exceed $1,100,000,000 shall be available until 
     September 30, 2005: Provided further, That of the funds made 
     available under this heading, the Secretary may transfer up 
     to $400,000,000 to ``Construction, major projects'' for 
     purposes of implementing CARES subject to a determination by 
     the Secretary that such funds will improve access and quality 
     of veteran's health care needs: Provided further, That, 
     notwithstanding any other provision of law, the Secretary of 
     Veterans Affairs may provide prescription drugs to enrolled 
     veterans with privately written prescriptions based on 
     requirements established by the Secretary: Provided further, 
     That the Secretary of Veterans Affairs shall conduct by 
     contract a program of recovery audits for the fee basis and 
     other medical services contracts with respect to payments for 
     hospital care; and, notwithstanding 31 U.S.C. 3302(b), 
     amounts collected, by setoff or otherwise, as the result of 
     such audits shall be available, without fiscal year 
     limitation, for the purposes for which funds are appropriated 
     under this heading and the purposes of paying a contractor a 
     percent of the amount collected as a result of an audit 
     carried out by the contractor: Provided further, That all 
     amounts so collected under the preceding proviso with respect 
     to a designated health care region (as that term is defined 
     in 38 U.S.C. 1729A(d)(2)) shall be allocated, net of payments 
     to the contractor, to that region: Provided further, That 
     such sums as may be deposited to the Medical Care Collections 
     Fund pursuant to 38 U.S.C. 1729A may be transferred to this 
     account, to remain available until expended for the purposes 
     of this account: Provided further, That Medical Care 
     Collections Funds may be used for construction, alteration 
     and improvement of any parking facility set forth in 38 
     U.S.C. 8109: Provided further, That of the unobligated 
     balances remaining from prior year recoveries under this 
     heading, $270,000,000 is rescinded.
       For an additional amount for ``Medical care'', 
     $1,300,000,000: Provided, That the entire amount is 
     designated by the Congress as an emergency requirement 
     pursuant to section 502 of H. Con. Res. 95, the concurrent 
     resolution on the budget for fiscal year 2004: Provided 
     further, That the entire amount shall be available only to 
     the extent that an official budget request for a specific 
     dollar amount, that includes designation of the entire amount 
     of the request as an emergency requirement as defined in H. 
     Con. Res. 95, the concurrent resolution on the budget for 
     fiscal year 2004, is transmitted by the President to the 
     Congress.


                    medical and prosthetic research

       For necessary expenses in carrying out programs of medical 
     and prosthetic research and development as authorized by 38 
     U.S.C. chapter 73, to remain available until September 30, 
     2005, $413,000,000 plus reimbursements.


      medical administration and miscellaneous operating expenses

       For necessary expenses in the administration of the 
     medical, hospital, nursing home, domiciliary, construction, 
     supply, and research activities, as authorized by law; 
     administrative expenses in support of capital policy 
     activities, $79,146,000: Provided further, That of the funds 
     made available under this heading, not to exceed, $4,000,000 
     shall be available until September 30, 2005, plus 
     reimbursements: Provided further, That technical and 
     consulting services offered by the Facilities Management 
     Field Support Service, including project management and real 
     property administration (including leases, site acquisition 
     and disposal activities directly supporting projects), shall 
     be provided to Department of Veterans Affairs components only 
     on a reimbursable basis, and such amounts will remain 
     available until September 30, 2004.

                      Departmental Administration


                       general operating expenses

       For necessary operating expenses of the Department of 
     Veterans Affairs, not otherwise provided for, including 
     administrative expenses in support of department-wide capital 
     planning, management and policy activities, uniforms or 
     allowances therefor; not to exceed $25,000 for official 
     reception and representation expenses; hire of passenger 
     motor vehicles; and reimbursement of the General Services 
     Administration for security guard services, and the 
     Department of Defense for the cost of overseas employee mail, 
     $1,283,272,000: Provided, That expenses for services and 
     assistance authorized under 38 U.S.C. 3104(a)(1), (2), (5), 
     and (11) that the Secretary determines are necessary to 
     enable entitled veterans: (1) to the maximum extent feasible, 
     to become employable and to obtain and maintain suitable 
     employment; or (2) to achieve maximum independence in daily 
     living, shall be charged to this account: Provided further, 
     That the Veterans Benefits Administration shall be funded at 
     not less than $1,004,704,000: Provided further, That of the 
     funds made available under this heading, not to exceed 
     $64,000,000 shall be available for obligation until September 
     30, 2005: Provided further, That from the funds made 
     available under this heading, the Veterans Benefits 
     Administration may purchase up to two passenger motor 
     vehicles for use in operations of that Administration in 
     Manila, Philippines.


                    national cemetery administration

       For necessary expenses of the National Cemetery 
     Administration for operations and maintenance, not otherwise 
     provided for, including uniforms or allowances therefor; 
     cemeterial expenses as authorized by law; purchase of one 
     passenger motor vehicle for use in cemeterial operations; and 
     hire of passenger motor vehicles, $144,203,000: Provided, 
     That of the funds made available under this heading, not to 
     exceed $7,200,000 shall be available until September 30, 
     2005.


                      office of inspector general

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978, as amended, $62,250,000, to remain available until 
     September 30, 2005.


                      construction, major projects

       For constructing, altering, extending and improving any of 
     the facilities under the jurisdiction or for the use of the 
     Department of Veterans Affairs, or for any of the purposes 
     set forth in sections 316, 2404, 2406, 8102, 8103, 8106, 
     8108, 8109, 8110, and 8122 of title 38, United States Code, 
     including planning, architectural and engineering services, 
     maintenance or guarantee period services costs associated 
     with equipment guarantees provided under the project, 
     services of claims analysts, offsite utility and storm 
     drainage system construction costs, and site acquisition, 
     where the estimated cost of a project is more than the amount 
     set forth in 38 U.S.C. 8104(a)(3)(A) or where funds for a 
     project were made available in a previous major project 
     appropriation, $272,690,000, to remain available until 
     expended, of which $183,000,000 shall be for Capital Asset 
     Realignment for Enhanced Services (CARES) activities; and of 
     which $10,000,000 shall be to make reimbursements as provided 
     in 41 U.S.C. 612 for claims paid for contract disputes: 
     Provided, That except for advance planning activities, 
     including needs assessments which may or may not lead to 
     capital investments, and other capital asset management 
     related activities, such as portfolio development and 
     management activities, and investment strategy studies funded 
     through the advance planning fund and the planning and design 
     activities funded through the design fund and CARES funds, 
     including needs assessments which may or may not lead to 
     capital investments, none of the funds appropriated under 
     this heading shall be used for any project which has not been 
     approved by the Congress in the budgetary process: Provided 
     further, That funds provided in this appropriation for fiscal 
     year 2004, for each approved project (except those for CARES 
     activities referenced above) shall be obligated: (1) by the 
     awarding of a construction documents contract by September 
     30, 2004; and (2) by the awarding of a construction contract 
     by September 30, 2005: Provided further, That the Secretary 
     of Veterans Affairs shall promptly report in writing to the 
     Committees on Appropriations any approved major construction 
     project in which obligations are not incurred within the time 
     limitations established above: Provided further, That no 
     funds from any other account except the ``Parking revolving 
     fund'', may be obligated for constructing, altering, 
     extending, or improving a project which was approved in the 
     budget process and funded in this account until 1 year after 
     substantial completion and beneficial occupancy by the 
     Department of Veterans Affairs of the project or any part 
     thereof with respect to that part only.


                      construction, minor projects

       For constructing, altering, extending, and improving any of 
     the facilities under the jurisdiction or for the use of the 
     Department of Veterans Affairs, including planning and 
     assessments of needs which may lead to capital investments, 
     architectural and engineering services, maintenance or 
     guarantee period services costs associated with equipment 
     guarantees provided under the project, services of claims 
     analysts, offsite utility and storm drainage system 
     construction costs, and site acquisition, or for any of the 
     purposes set forth in sections 316, 2404, 2406, 8102, 8103, 
     8106, 8108, 8109, 8110, 8122, and 8162 of title 38, United 
     States Code, where the estimated cost of a project is equal 
     to or less than the amount set forth in 38 U.S.C. 
     8104(a)(3)(A), $252,144,000, to remain available until 
     expended, along with unobligated balances of previous 
     ``Construction, minor projects'' appropriations which are 
     hereby made available for any project where the estimated 
     cost is equal to or less than the amount set forth in 38 
     U.S.C. 8104(a)(3)(A), of which $42,000,000 shall be for 
     Capital Asset Realignment for Enhanced Services (CARES) 
     activities: Provided, That from amounts appropriated under 
     this heading, additional amounts may be used for CARES 
     activities upon notification of and approval by the 
     Committees on Appropriations: Provided further, That funds in 
     this account shall be available for: (1) repairs to any of 
     the nonmedical facilities under the jurisdiction or for the 
     use of the department which are necessary because of loss or 
     damage caused by

[[Page 28904]]

     any natural disaster or catastrophe; and (2) temporary 
     measures necessary to prevent or to minimize further loss by 
     such causes.


       grants for construction of state extended care facilities

       For grants to assist States to acquire or construct State 
     nursing home and domiciliary facilities and to remodel, 
     modify or alter existing hospital, nursing home and 
     domiciliary facilities in State homes, for furnishing care to 
     veterans as authorized by 38 U.S.C. 8131-8137, $102,100,000, 
     to remain available until expended.


        grants for the construction of state veterans cemeteries

       For grants to aid States in establishing, expanding, or 
     improving State veterans cemeteries as authorized by 38 
     U.S.C. 2408, $32,000,000, to remain available until expended.


                       administrative provisions

                     (including transfer of funds)

       Sec. 101. Any appropriation for fiscal year 2004 for 
     ``Compensation and pensions'', ``Readjustment benefits'', and 
     ``Veterans insurance and indemnities'' may be transferred to 
     any other of the mentioned appropriations.
       Sec. 102. Appropriations available to the Department of 
     Veterans Affairs for fiscal year 2004 for salaries and 
     expenses shall be available for services authorized by 5 
     U.S.C. 3109.
       Sec. 103. No appropriations in this Act for the Department 
     of Veterans Affairs (except the appropriations for 
     ``Construction, major projects'', ``Construction, minor 
     projects'', and the ``Parking revolving fund'') shall be 
     available for the purchase of any site for or toward the 
     construction of any new hospital or home.
       Sec. 104. No appropriations in this Act for the Department 
     of Veterans Affairs shall be available for hospitalization or 
     examination of any persons (except beneficiaries entitled 
     under the laws bestowing such benefits to veterans, and 
     persons receiving such treatment under 5 U.S.C. 7901-7904 or 
     42 U.S.C. 5141-5204), unless reimbursement of cost is made to 
     the ``Medical care'' account at such rates as may be fixed by 
     the Secretary of Veterans Affairs.
       Sec. 105. Appropriations available to the Department of 
     Veterans Affairs for fiscal year 2004 for ``Compensation and 
     pensions'', ``Readjustment benefits'', and ``Veterans 
     insurance and indemnities'' shall be available for payment of 
     prior year accrued obligations required to be recorded by law 
     against the corresponding prior year accounts within the last 
     quarter of fiscal year 2003.
       Sec. 106. Appropriations accounts available to the 
     Department of Veterans Affairs for fiscal year 2004 shall be 
     available to pay prior year obligations of corresponding 
     prior year appropriations accounts resulting from title X of 
     the Competitive Equality Banking Act, Public Law 100-86, 
     except that if such obligations are from trust fund accounts 
     they shall be payable from ``Compensation and pensions''.
       Sec. 107. Notwithstanding any other provision of law, 
     during fiscal year 2004, the Secretary of Veterans Affairs 
     shall, from the National Service Life Insurance Fund (38 
     U.S.C. 1920), the Veterans' Special Life Insurance Fund (38 
     U.S.C. 1923), and the United States Government Life Insurance 
     Fund (38 U.S.C. 1955), reimburse the ``General operating 
     expenses'' account for the cost of administration of the 
     insurance programs financed through those accounts: Provided, 
     That reimbursement shall be made only from the surplus 
     earnings accumulated in an insurance program in fiscal year 
     2004 that are available for dividends in that program after 
     claims have been paid and actuarially determined reserves 
     have been set aside: Provided further, That if the cost of 
     administration of an insurance program exceeds the amount of 
     surplus earnings accumulated in that program, reimbursement 
     shall be made only to the extent of such surplus earnings: 
     Provided further, That the Secretary shall determine the cost 
     of administration for fiscal year 2004 which is properly 
     allocable to the provision of each insurance program and to 
     the provision of any total disability income insurance 
     included in such insurance program.
       Sec. 108. Notwithstanding any other provision of law, the 
     Department of Veterans Affairs shall continue the Franchise 
     Fund pilot program authorized to be established by section 
     403 of Public Law 103-356 until October 1, 2004: Provided, 
     That the Franchise Fund, established by title I of Public Law 
     104-204 to finance the operations of the Franchise Fund pilot 
     program, shall continue until October 1, 2004.
       Sec. 109. Amounts deducted from enhanced-use lease proceeds 
     to reimburse an account for expenses incurred by that account 
     during a prior fiscal year for providing enhanced-use lease 
     services, may be obligated during the fiscal year in which 
     the proceeds are received.
       Sec. 110. Funds available in any Department of Veterans 
     Affairs appropriation for fiscal year 2004 or funds for 
     salaries and other administrative expenses shall also be 
     available to reimburse the Office of Resolution Management 
     and the Office of Employment Discrimination Complaint 
     Adjudication for all services provided at rates which will 
     recover actual costs but not exceed $29,318,000 for the 
     Office of Resolution Management and $3,059,000 for the Office 
     of Employment and Discrimination Complaint Adjudication: 
     Provided, That payments may be made in advance for services 
     to be furnished based on estimated costs: Provided further, 
     That amounts received shall be credited to ``General 
     operating expenses'' for use by the office that provided the 
     service.
       Sec. 111. No appropriations in this Act for the Department 
     of Veterans Affairs shall be available to enter into any new 
     lease of real property if the estimated annual rental is more 
     than $300,000 unless the Secretary submits a report which the 
     Committees on Appropriations of the Congress approve within 
     30 days following the date on which the report is received.
       Sec. 112. No appropriations in this Act for the Department 
     of Veterans Affairs shall be available for hospitalization or 
     treatment of any person by reason of eligibility under 
     section 1710(a)(3) of title 38, United States Code, unless 
     that person has disclosed to the Secretary of Veterans 
     Affairs, in such form as the Secretary may require--
       (1) current, accurate third-party reimbursement information 
     for purposes of section 1729 of such title; and
       (2) annual income information for purposes of section 1722 
     of such title.
       Sec. 113. None of the funds in this Act may be used to 
     implement sections 2 and 5 of Public Law 107-287.
       Sec. 114. Receipts that would otherwise be credited to the 
     Veterans Extended Care Revolving Fund, the Medical Facilities 
     Revolving Fund, the Special Therapeutic and Rehabilitation 
     Fund, the Nursing Home Revolving Fund, the Veterans Health 
     Services Improvement Fund, and the Parking Revolving Fund 
     shall be deposited into the Medical Care Collections Fund, 
     and shall be transferred to the Medical Care account, to 
     remain available until expended, to carry out the purposes of 
     the Medical Care account.
       Sec. 115. Notwithstanding any other provision of law, at 
     the discretion of the Secretary of Veterans Affairs, proceeds 
     or revenues derived from enhanced-use leasing activities 
     (including disposal) that are deposited into the Medical Care 
     Collections Fund may be transferred and merged with major 
     construction and minor construction accounts and be used for 
     construction (including site acquisition and disposition), 
     alterations and improvements of any medical facility under 
     the jurisdiction or for the use of the Department of Veterans 
     Affairs. Such sums as realized are in addition to the amount 
     provided for in the Major and Minor Construction 
     appropriations.

         TITLE II--DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                       Public and Indian Housing


                        housing certificate fund

              (including transfer and rescission of funds)

       For activities and assistance under the United States 
     Housing Act of 1937, as amended (42 U.S.C. 1437 et seq.) 
     (``the Act'' herein), not otherwise provided for, 
     $18,433,606,000, and amounts that are recaptured in this 
     account, to remain available until expended: Provided, That 
     of the amounts made available under this heading, 
     $14,233,606,379 and the aforementioned recaptures shall be 
     available on October 1, 2003 and $4,200,000,000 shall be 
     available on October 1, 2004: Provided further, That amounts 
     made available under this heading are provided as follows:
       (1) $16,202,616,000 for expiring or terminating section 8 
     project-based subsidy contracts (including section 8 moderate 
     rehabilitation contracts), for amendments to section 8 
     project-based subsidy contracts, for contracts entered into 
     pursuant to section 441 of the McKinney-Vento Homeless 
     Assistance Act, for the 1-year renewal of section 8 contracts 
     for units in projects that are subject to approved plans of 
     action under the Emergency Low Income Housing Preservation 
     Act of 1987 or the Low-Income Housing Preservation and 
     Resident Homeownership Act of 1990, and for renewals of 
     expiring section 8 tenant-based annual contributions 
     contracts (including amendments and renewals of enhanced 
     vouchers under any provision of law authorizing such 
     assistance under section 8(t) of the Act (42 U.S.C. 
     1437f(t))): Provided, That notwithstanding any other 
     provision of law, the Secretary shall renew expiring section 
     8 tenant-based annual contributions contracts for each public 
     housing agency (including for agencies participating in the 
     Moving to Work demonstration, unit months representing 
     section 8 tenant-based assistance funds committed by the 
     public housing agency for specific purposes, other than 
     reserves, that are authorized pursuant to any agreement and 
     conditions entered into under such demonstration, and 
     utilized in compliance with any applicable program obligation 
     deadlines) based on the total number of unit months which 
     were under lease as reported on the most recent end-of-year 
     financial statement submitted by the public housing agency to 
     the Department, adjusted by such additional information 
     submitted by the public housing agency to the Secretary which 
     the Secretary determines to be timely and reliable regarding 
     the total number of unit months under lease at the time of 
     renewal of the annual contributions contract, and by applying 
     an inflation factor

[[Page 28905]]

     based on local or regional factors to the actual per unit 
     cost as reported: Provided further, That funds may be made 
     available in this paragraph to support a total number of unit 
     months under lease that exceeds a public housing agency's 
     authorized level of units under lease to the extent that the 
     use of these funds is part of a strategy for a public housing 
     agency to attain its authorized level of units under 
     contract: Provided further, That when a public housing agency 
     is over its authorized contract level, that public housing 
     agency may not issue another voucher (including turnover 
     vouchers) until that public housing agency is at or below its 
     authorized contract level for vouchers.
       (2) $461,329,000 for a central fund to be allocated by the 
     Secretary for the support of section 8 subsidy contracts or 
     amendments to such contracts, and for such other purposes as 
     are set forth in this paragraph: Provided, That subject to 
     the following proviso, the Secretary shall use amounts in 
     such fund, as necessary, for contract amendments to maintain 
     the total number of unit months under lease (up to the 
     authorized level) including turnover and reissuance of 
     authorized vouchers, and for contract amendments resulting 
     from a significant increase in per-unit costs, or otherwise 
     provide funds so that public housing agencies may lease units 
     up to their authorized unit level: Provided further, That the 
     Secretary may use up to $36,000,000 in such funds for 
     incremental vouchers under section 8 of the Act to be used 
     for non-elderly disabled families affected by the designation 
     of a public housing development under section 7 of the Act, 
     the establishment of preferences in accordance with section 
     651 of the Housing and Community Development Act of 1992 (42 
     U.S.C. 13611), or the restriction of occupancy to elderly 
     families in accordance with section 658 of such Act (42 
     U.S.C. 13618): Provided further, That the Secretary may only 
     allocate the incremental vouchers under the previous proviso 
     upon a determination that there are adequate funds under this 
     heading to fund all voucher needs in this fiscal year: 
     Provided further, That if a public housing agency, at any 
     point in time during their fiscal year, has obligated the 
     amounts made available to such agency pursuant to paragraph 
     (1) under this heading for the renewal of expiring section 8 
     tenant-based annual contributions contracts, and if such 
     agency has expended 50 percent of the amounts available to 
     such agency in its annual contributions contract reserve 
     account, the Secretary shall make available such amounts as 
     are necessary from amounts available from such central fund 
     to fund amendments under the preceding proviso within 30 days 
     of a request from such agency: Provided further, That none of 
     the funds made available in this paragraph may be used to 
     support a total number of unit months under lease which 
     exceeds a public housing agency's authorized level of units 
     under contract: Provided further, That the Secretary shall 
     provide quarterly reports to the Committees on Appropriations 
     of the House and the Senate on the obligation of funds 
     provided in this paragraph;
       (3) $252,203,000 for section 8 rental assistance for 
     relocation and replacement of housing units that are 
     demolished or disposed of pursuant to the Omnibus 
     Consolidated Rescissions and Appropriations Act of 1996 
     (Public Law 104-134), conversion of section 23 projects to 
     assistance under section 8, the family unification program 
     under section 8(x) of the Act, relocation of witnesses in 
     connection with efforts to combat crime in public and 
     assisted housing pursuant to a request from a law enforcement 
     or prosecution agency, enhanced vouchers under any provision 
     of law authorizing such assistance under section 8(t) of the 
     Act (42 U.S.C.1437f(t)), and tenant protection assistance, 
     including replacement and relocation assistance;
       (4) $72,000,000 for family self-sufficiency coordinators 
     under section 23 of the Act;
       (5) not to exceed $1,339,448,400 for administrative and 
     other expenses of public housing agencies in administering 
     the section 8 tenant-based rental assistance program: 
     Provided, That the fee otherwise authorized under section 
     8(q) of the Act shall be determined in accordance with 
     section 8(q), as in effect immediately before the enactment 
     of the Quality Housing and Work Responsibility Act of 1998;
       (6) $100,000,000 for contract administrators for section 8 
     project-based assistance;
       (7) not less than $3,010,000 shall be transferred to the 
     Working Capital Fund for the development of and modifications 
     to information technology systems which serve activities 
     under ``Public and Indian Housing''; and
       (8) up to $3,000,000 for an outside audit by a major 
     accounting firm to assess the current status of all funds 
     within this account, including the amounts of obligated and 
     unobligated funds for all programs funded under this heading 
     for fiscal year 2004 as well as the availability of funds 
     currently appropriated under this heading for fiscal years 
     2005 and thereafter.
       The Secretary may transfer up to 15 percent of funds 
     provided under paragraphs (1), (2), (3) or (5), herein to 
     paragraphs (1), (2), (3) or (5), if the Secretary determines 
     that such action is necessary because the funding provided 
     under one such paragraph otherwise would be depleted and as a 
     result, the maximum utilization of section 8 tenant-based 
     assistance with the funds appropriated for this purpose by 
     this Act would not be feasible: Provided, That prior to 
     undertaking the transfer of funds in excess of 10 percent 
     from any paragraph pursuant to the previous proviso, the 
     Secretary shall notify the Chairman and Ranking Member of the 
     Subcommittees on Veterans Affairs and Housing and Urban 
     Development, and Independent Agencies of the Committees on 
     Appropriations of the House of Representatives and the Senate 
     and shall not transfer any such funds until 30 days after 
     such notification: Provided further, That, hereafter, the 
     Secretary shall require public housing agencies to submit 
     accounting data for funds disbursed under this heading in 
     this Act and prior Acts by source and purpose of such funds: 
     Provided further, That incremental vouchers previously made 
     available under this heading for non-elderly disabled 
     families shall, to the extent practicable, continue to be 
     provided to non-elderly disabled families upon turnover: 
     Provided further, That $1,372,000,000 is rescinded from 
     unobligated balances remaining from funds appropriated to the 
     Department of Housing and Urban Development under this 
     heading or the heading ``Annual contributions for assisted 
     housing'' or any other heading for fiscal year 2003 and prior 
     years, to be effected by the Secretary no later than 
     September 30, 2004: Provided further, That any such balances 
     governed by reallocation provisions under the statute 
     authorizing the program for which the funds were originally 
     appropriated shall be available for the rescission: Provided 
     further, That any obligated balances of contract authority 
     from fiscal year 1974 and prior that have been terminated 
     shall be cancelled.


                      public housing capital fund

                     (including transfer of funds)

       For the Public Housing Capital Fund Program to carry out 
     capital and management activities for public housing 
     agencies, as authorized under section 9 of the United States 
     Housing Act of 1937, as amended (42 U.S.C. 1437g), 
     $2,641,000,000 (the ``Act''), to remain available until 
     September 30, 2007: Provided, That of the total amount 
     provided under this heading, in addition to amounts otherwise 
     allocated under this heading, $400,000,000 shall be allocated 
     for such capital and management activities only among public 
     housing agencies that have obligated all assistance for the 
     agency for fiscal years 2001 and 2002 made available under 
     this same heading in accordance with the requirements under 
     paragraphs (1) and (2) of section 9(j) of such Act: Provided 
     further, That notwithstanding any other provision of law or 
     regulation, during fiscal year 2004, the Secretary may not 
     delegate to any Department official other than the Deputy 
     Secretary any authority under paragraph (2) of such section 
     9(j) regarding the extension of the time periods under such 
     section for obligation of amounts made available for fiscal 
     years 1998, 1999, 2000, 2001, 2002, 2003, or 2004: Provided 
     further, That with respect to any amounts made available 
     under the Public Housing Capital Fund for fiscal years 1999, 
     2000, 2001, 2002, 2003, or 2004 that remain unobligated in 
     violation of paragraph (1) of such section 9(j) or unexpended 
     in violation of paragraph (5)(A) of such section 9(j), the 
     Secretary shall recapture any such amounts and reallocate 
     such amounts among public housing agencies determined under 
     6(j) of the Act to be high-performing: Provided further, That 
     for purposes of this heading, the term ``obligate'' means, 
     with respect to amounts, that the amounts are subject to a 
     binding agreement that will result in outlays immediately or 
     in the future: Provided further, That of the total amount 
     provided under this heading, up to $50,000,000 shall be for 
     carrying out activities under section 9(h) of such Act, of 
     which up to $13,000,000 shall be for the provision of 
     remediation services to public housing agencies identified as 
     ``troubled'' under the Section 8 Management Assessment 
     Program and for surveys used to calculate local Fair Market 
     Rents and assess housing conditions in connection with rental 
     assistance under section 8 of the Act: Provided further, That 
     of the total amount provided under this heading, up to 
     $500,000 shall be for lease adjustments to section 23 
     projects, and no less than $10,610,000 shall be transferred 
     to the Working Capital Fund for the development of and 
     modifications to information technology systems which serve 
     programs or activities under ``Public and Indian housing'': 
     Provided further, That no funds may be used under this 
     heading for the purposes specified in section 9(k) of the 
     United States Housing Act of 1937, as amended: Provided 
     further, That of the total amount provided under this 
     heading, up to $40,000,000 shall be available for the 
     Secretary of Housing and Urban Development to make grants to 
     public housing agencies for emergency capital needs resulting 
     from emergencies and natural disasters in fiscal year 2003: 
     Provided further, That of the total amount provided under 
     this heading, $15,000,000 shall be for Neighborhood Networks 
     grants for activities authorized in section 9(d)(1)(E) of the 
     United States Housing Act of 1937, as amended: Provided 
     further, That notwithstanding any other provision of law, 
     amounts made available in the previous proviso shall be 
     awarded to public housing agencies on a competitive basis as 
     provided

[[Page 28906]]

     in section 102 of the Department of Housing and Urban 
     Development Reform Act of 1989: Provided further, That of the 
     total amount provided under this heading, $55,000,000 shall 
     be for supportive services, service coordinators and 
     congregate services as authorized by section 34 of the Act 
     and the Native American Housing Assistance and Self-
     Determination Act of 1996: Provided further, That of the 
     total amount provided under this heading, up to $125,000,000 
     shall be for grants and credit subsidy to support a loan 
     guarantee and loan program for the development of public 
     housing units in mixed income housing developments: Provided 
     further, That the first proviso under this heading in the 
     Departments of Veterans Affairs and Housing and Urban 
     Development, and Independent Agencies Appropriations Act, 
     2003 is amended by striking ``1998, 1999''.


                     public housing operating fund

       For payments to public housing agencies for the operation 
     and management of public housing, as authorized by section 
     9(e) of the United States Housing Act of 1937, as amended (42 
     U.S.C. 1437g(e)), $3,576,600,000: Provided, That of the total 
     amount provided under this heading, $10,000,000 shall be for 
     programs, as determined appropriate by the Attorney General, 
     which assist in the investigation, prosecution, and 
     prevention of violent crimes and drug offenses in public and 
     federally-assisted low-income housing, including Indian 
     housing, which shall be administered by the Department of 
     Justice through a reimbursable agreement with the Department 
     of Housing and Urban Development: Provided further, That, in 
     fiscal year 2004 and all fiscal years hereafter, no amounts 
     under this heading in any appropriations Act may be used for 
     payments to public housing agencies for the costs of 
     operation and management of public housing for any year prior 
     to the current year of such Act: Provided further, That no 
     funds may be used under this heading for the purposes 
     specified in section 9(k) of the United States Housing Act of 
     1937, as amended.


     revitalization of severely distressed public housing (hope VI)

       For grants to public housing agencies for demolition, site 
     revitalization, replacement housing, and tenant-based 
     assistance grants to projects as authorized by section 24 of 
     the United States Housing Act of 1937, as amended (``such 
     Act''), $195,115,000, to remain available until expended: 
     Provided, That the Secretary may recapture funds from grants 
     previously awarded under this heading in fiscal year 1997 and 
     prior fiscal years for use in making grants in fiscal year 
     2004 as authorized under section 24 of such Act: Provided 
     further, That the Secretary may only recapture grants under 
     the previous proviso where the Secretary determines that a 
     project is less than 90 percent complete and that the project 
     is unlikely to be completed successfully within the next 2 
     fiscal years: Provided further, That the Secretary shall not 
     recapture funds from any HOPE VI project that has unobligated 
     funds due to litigation or a court ordered consent decree: 
     Provided further, That the Secretary shall establish an 
     alternative housing plan to meet tenant needs where the 
     Secretary is recapturing HOPE VI funds from a public housing 
     agency with a failed HOPE VI project and the Secretary may 
     recapture only the amount of funds which are not necessary to 
     meet the requirements of the alternative housing plan: 
     Provided further, That the Secretary shall report to the 
     Congress by December 15, 2003 on the status of all HOPE VI 
     projects that are unlikely to be completed according to 
     program requirements: Provided further, That the Secretary 
     shall report to the Congress on any decision to recapture 
     funds from a HOPE VI project, including the justification for 
     the decision and the provisions of the alternative housing 
     plan: Provided further, That the Secretary may use up to 
     $3,000,000 of the funds made available under this heading for 
     technical assistance and contract expertise, to be provided 
     directly or indirectly by grants, contracts or cooperative 
     agreements, including training and cost of necessary travel 
     for participants in such training, by or to officials and 
     employees of the department and of public housing agencies 
     and to residents: Provided further, That none of such funds 
     shall be used directly or indirectly by granting competitive 
     advantage in awards to settle litigation or pay judgments, 
     unless expressly permitted herein.


                  native american housing block grants

                     (including transfers of funds)

       For the Native American Housing Block Grants program, as 
     authorized under title I of the Native American Housing 
     Assistance and Self-Determination Act of 1996 (NAHASDA) (25 
     U.S.C. 4111 et seq.), $646,600,000, to remain available until 
     expended, of which $2,200,000 shall be contracted through the 
     Secretary as technical assistance and capacity building to be 
     used by the National American Indian Housing Council in 
     support of the implementation of NAHASDA; of which $4,000,000 
     shall be to support the inspection of Indian housing units, 
     contract expertise, training, and technical assistance in the 
     training, oversight, and management of Indian housing and 
     tenant-based assistance, including up to $300,000 for related 
     travel; and of which no less than $2,720,000 shall be 
     transferred to the Working Capital Fund for development of 
     and modifications to information technology systems which 
     serve programs or activities under ``Public and Indian 
     housing'': Provided, That of the amount provided under this 
     heading, $2,000,000 shall be made available for the cost of 
     guaranteed notes and other obligations, as authorized by 
     title VI of NAHASDA: Provided further, That such costs, 
     including the costs of modifying such notes and other 
     obligations, shall be as defined in section 502 of the 
     Congressional Budget Act of 1974, as amended: Provided 
     further, That these funds are available to subsidize the 
     total principal amount of any notes and other obligations, 
     any part of which is to be guaranteed, not to exceed 
     $16,658,000: Provided further, That for administrative 
     expenses to carry out the guaranteed loan program, up to 
     $150,000 from amounts in the first proviso, which shall be 
     transferred to and merged with the appropriation for 
     ``Salaries and expenses'', to be used only for the 
     administrative costs of these guarantees.


           indian housing loan guarantee fund program account

                     (including transfer of funds)

       For the cost of guaranteed loans, as authorized by section 
     184 of the Housing and Community Development Act of 1992 (12 
     U.S.C. 1715z-13a), $5,300,000, to remain available until 
     expended: Provided, That such costs, including the costs of 
     modifying such loans, shall be as defined in section 502 of 
     the Congressional Budget Act of 1974, as amended: Provided 
     further, That these funds are available to subsidize total 
     loan principal, any part of which is to be guaranteed, not to 
     exceed $197,243,000.
       In addition, for administrative expenses to carry out the 
     guaranteed loan program, up to $250,000 from amounts in the 
     first paragraph, which shall be transferred to and merged 
     with the appropriation for ``Salaries and expenses'', to be 
     used only for the administrative costs of these guarantees.


      native hawaiian housing loan guarantee fund program account

                     (including transfer of funds)

       For the cost of guaranteed loans, as authorized by section 
     184A of the Housing and Community Development Act of 1992 (12 
     U.S.C. 1715z-13b), $1,035,000, to remain available until 
     expended: Provided, That such costs, including the costs of 
     modifying such loans, shall be as defined in section 502 of 
     the Congressional Budget Act of 1974, as amended: Provided 
     further, That these funds are available to subsidize total 
     loan principal, any part of which is to be guaranteed, not to 
     exceed $39,712,000.
       In addition, for administrative expenses to carry out the 
     guaranteed loan program, up to $35,000 from amounts in the 
     first paragraph, which shall be transferred to and merged 
     with the appropriation for ``Salaries and expenses'', to be 
     used only for the administrative costs of these guarantees.

                   Community Planning and Development


              housing opportunities for persons with aids

       For carrying out the Housing Opportunities for Persons with 
     AIDS program, as authorized by the AIDS Housing Opportunity 
     Act (42 U.S.C. 12901 et seq.), $291,000,000, to remain 
     available until September 30, 2005: Provided, That the 
     Secretary shall renew all expiring contracts for permanent 
     supportive housing that were funded under section 854(c)(3) 
     of such Act that meet all program requirements before 
     awarding funds for new contracts and activities authorized 
     under this section: Provided further, That the formula funds 
     made available under this heading for fiscal year 2004 shall 
     be awarded to eligible grantees under the same rules and 
     requirements as were in effect for fiscal year 2003: Provided 
     further, That the Secretary may use up to $3,000,000 of the 
     funds under this heading for training, oversight, and 
     technical assistance activities.


                 rural housing and economic development

       For the Office of Rural Housing and Economic Development in 
     the Department of Housing and Urban Development, $25,000,000 
     to remain available until expended, which amount shall be 
     awarded by June 1, 2004, to Indian tribes, State housing 
     finance agencies, State community and/or economic development 
     agencies, local rural nonprofits and community development 
     corporations to support innovative housing and economic 
     development activities in rural areas: Provided, That all 
     grants shall be awarded on a competitive basis as specified 
     in section 102 of the Department of Housing and Urban 
     Development Reform Act of 1989.


                       community development fund

                     (including transfers of funds)

       For assistance to units of State and local government, and 
     to other entities, for economic and community development 
     activities, and for other purposes, $4,950,000,000, to remain 
     available until September 30, 2006: Provided, That of the 
     amount provided, $4,545,700,000 is for carrying out the 
     community development block grant program under title I of 
     the Housing and Community Development Act of 1974, as amended 
     (the ``Act'' herein) (42 U.S.C. 5301 et seq.): Provided 
     further, That not to exceed 20 percent of any grant made with 
     funds appropriated under

[[Page 28907]]

     this heading (other than a grant made available in this 
     paragraph to the Housing Assistance Council or the National 
     American Indian Housing Council, or a grant using funds under 
     section 107(b)(3) of the Act) shall be expended for 
     ``Planning and Management Development'' and 
     ``Administration'', as defined in regulations promulgated by 
     the Department: Provided further, That $72,500,000 shall be 
     for grants to Indian tribes notwithstanding section 106(a)(1) 
     of such Act; $3,300,000 shall be for a grant to the Housing 
     Assistance Council; $2,600,000 shall be for a grant to the 
     National American Indian Housing Council; $52,500,000 shall 
     be for grants pursuant to section 107 of the Act; no less 
     than $4,900,000 shall be transferred to the Working Capital 
     Fund for the development of and modification to information 
     technology systems which serve programs or activities under 
     ``Community planning and development''; $12,000,000 shall be 
     for grants pursuant to the Self Help Homeownership 
     Opportunity Program; $35,500,000 shall be for capacity 
     building, of which $31,500,000 shall be for Capacity Building 
     for Community Development and Affordable Housing for LISC and 
     the Enterprise Foundation for activities as authorized by 
     section 4 of the HUD Demonstration Act of 1993 (42 U.S.C. 
     9816 note), as in effect immediately before June 12, 1997, 
     with not less than $5,000,000 of the funding to be used in 
     rural areas, including tribal areas, and of which $4,000,000 
     shall be for capacity building activities administered by 
     Habitat for Humanity International; $10,000,000 for the 
     Native Hawaiian Housing Block Grant Program, as authorized 
     under the Native American Housing Assistance and Self-
     Determination Act of 1996 (25 U.S.C. 4111 et seq.), of which 
     $400,000 shall be for training and technical assistance; 
     $60,000,000 shall be available for YouthBuild program 
     activities authorized by subtitle D of title IV of the 
     Cranston-Gonzalez National Affordable Housing Act, as 
     amended, and such activities shall be an eligible activity 
     with respect to any funds made available under this heading: 
     Provided, That local YouthBuild programs that demonstrate an 
     ability to leverage private and nonprofit funding shall be 
     given a priority for YouthBuild funding: Provided further, 
     That no more than 10 percent of any grant award under the 
     YouthBuild program may be used for administrative costs: 
     Provided further, That of the amount made available for 
     YouthBuild not less than $10,000,000 is for grants to 
     establish YouthBuild programs in underserved and rural areas 
     and $2,000,000 is to be made available for a grant to 
     YouthBuild USA for capacity building for community 
     development and affordable housing activities as specified in 
     section 4 of the HUD Demonstration Act of 1993, as amended.
       Of the amount made available under this heading, 
     $21,000,000 shall be available for neighborhood initiatives 
     that are utilized to improve the conditions of distressed and 
     blighted areas and neighborhoods, to stimulate investment, 
     economic diversification, and community revitalization in 
     areas with population outmigration or a stagnating or 
     declining economic base, or to determine whether housing 
     benefits can be integrated more effectively with welfare 
     reform initiatives: Provided, That these grants shall be 
     provided in accordance with the terms and conditions 
     specified in the report accompanying this Act.
       Of the amount made available under this heading, 
     $140,000,000 shall be available for grants for the Economic 
     Development Initiative (EDI) to finance a variety of targeted 
     economic investments in accordance with the terms and 
     conditions specified in the report accompanying this Act.
       The referenced statement of the managers under this heading 
     in title II of Division K of the Consolidated Appropriations 
     Resolution, 2003 (Public Law 108-7; H. Rept. 108-10) is 
     deemed to be amended with respect to item number 721 by 
     striking ``training'' and inserting ``creation, small 
     business development and quality of life improvements within 
     the State of South Carolina''.
       The referenced statement of the managers under this heading 
     in title II of Division K of the Consolidated Appropriations 
     Resolution, 2003 (Public Law 108-7; H. Rept. 108-10) is 
     deemed to be amended with respect to item number 317 by 
     striking ``135,000'' and inserting ``151,000''.
       The referenced statement of the managers under this heading 
     in title II of Division K of the Consolidated Appropriations 
     Resolution, 2003 (Public Law 108-7; H. Rept. 108-10) is 
     deemed to be amended with respect to item number 324 by 
     striking ``225,000'' and inserting ``209,000''.


         community development loan guarantees program account

                     (including transfer of funds)

       For the cost of guaranteed loans, $6,325,000, to remain 
     available until September 30, 2005, as authorized by section 
     108 of the Housing and Community Development Act of 1974, as 
     amended: Provided, That such costs, including the cost of 
     modifying such loans, shall be as defined in section 502 of 
     the Congressional Budget Act of 1974, as amended: Provided 
     further, That these funds are available to subsidize total 
     loan principal, any part of which is to be guaranteed, not to 
     exceed $275,000,000, notwithstanding any aggregate limitation 
     on outstanding obligations guaranteed in section 108(k) of 
     the Housing and Community Development Act of 1974, as 
     amended.
       In addition, for administrative expenses to carry out the 
     guaranteed loan program, $1,000,000 which shall be 
     transferred to and merged with the appropriation for 
     ``Salaries and expenses''.


                       brownfields redevelopment

       For Economic Development Grants, as authorized by section 
     108(q) of the Housing and Community Development Act of 1974, 
     as amended, for Brownfields redevelopment projects, 
     $25,000,000, to remain available until September 30, 2005: 
     Provided, That the Secretary of Housing and Urban Development 
     shall make these grants available on a competitive basis as 
     specified in section 102 of the Department of Housing and 
     Urban Development Reform Act of 1989.


                  home investment partnerships program

                     (including transfer of funds)

       For the HOME investment partnerships program, as authorized 
     under title II of the Cranston-Gonzalez National Affordable 
     Housing Act, as amended, $1,925,000,000, to remain available 
     until September 30, 2006: Provided, That of the total amount 
     provided in this paragraph, up to $40,000,000 shall be 
     available for housing counseling under section 106 of the 
     Housing and Urban Development Act of 1968; and no less than 
     $1,100,000 shall be transferred to the Working Capital Fund 
     for the development of, maintenance of, and modification to 
     information technology systems which serve programs or 
     activities under ``Community planning and development''.
       In addition to the amounts made available under this 
     heading, $50,000,000, to remain available until September 30, 
     2006, for assistance to homebuyers as authorized under title 
     II of the Cranston-Gonzalez National Affordable Housing Act, 
     as amended: Provided, That the Secretary shall provide such 
     assistance in accordance with a formula developed through 
     rulemaking.


                       homeless assistance grants

                     (including transfer of funds)

       For the emergency shelter grants program as authorized 
     under subtitle B of title IV of the McKinney-Vento Homeless 
     Assistance Act, as amended; the supportive housing program as 
     authorized under subtitle C of title IV of such Act; the 
     section 8 moderate rehabilitation single room occupancy 
     program as authorized under the United States Housing Act of 
     1937, as amended, to assist homeless individuals pursuant to 
     section 441 of the McKinney-Vento Homeless Assistance Act; 
     and the shelter plus care program as authorized under 
     subtitle F of title IV of such Act, $1,325,000,000, to remain 
     available until September 30, 2006: Provided, That not less 
     than 30 percent of funds made available, excluding amounts 
     provided for renewals under the shelter plus care program, 
     shall be used for permanent housing: Provided further, That 
     all funds awarded for services shall be matched by 25 percent 
     in funding by each grantee: Provided further, That the 
     Secretary shall renew on an annual basis expiring contracts 
     or amendments to contracts funded under the shelter plus care 
     program if the program is determined to be needed under the 
     applicable continuum of care and meets appropriate program 
     requirements and financial standards, as determined by the 
     Secretary: Provided further, That all awards of assistance 
     under this heading shall be required to coordinate and 
     integrate homeless programs with other mainstream health, 
     social services, and employment programs for which homeless 
     populations may be eligible, including Medicaid, State 
     Children's Health Insurance Program, Temporary Assistance for 
     Needy Families, Food Stamps, and services funding through the 
     Mental Health and Substance Abuse Block Grant, Workforce 
     Investment Act, and the Welfare-to-Work grant program: 
     Provided further, That $12,000,000 of the funds appropriated 
     under this heading shall be available for the national 
     homeless data analysis project and technical assistance: 
     Provided further, That no less than $2,580,000 of the funds 
     appropriated under this heading shall be transferred to the 
     Working Capital Fund for the development of and modifications 
     to information technology systems which serve activities 
     under ``Community planning and development''.


                    Urban Development Action Grants

       From balances of the Urban Development Action Grant 
     Program, as authorized by title I of the Housing and 
     Community Development Act of 1974, as amended, $30,000,000 
     are cancelled.

                            Housing Programs


                    housing for special populations

                     (including transfer of funds)

       For assistance for the purchase, construction, acquisition, 
     or development of additional public and subsidized housing 
     units for low income families not otherwise provided for, 
     $1,033,801,000, to remain available until September 30, 2007: 
     Provided, That $783,286,000, plus recaptures or cancelled 
     commitments, shall be for capital advances, including 
     amendments to capital advance contracts, for housing for the 
     elderly, as authorized by section 202 of the Housing Act of

[[Page 28908]]

     1959, as amended, and for project rental assistance for the 
     elderly under section 202(c)(2) of such Act, including 
     amendments to contracts for such assistance and renewal of 
     expiring contracts for such assistance for up to a 1-year 
     term, and for supportive services associated with the 
     housing, of which amount $50,000,000 shall be for service 
     coordinators and the continuation of existing congregate 
     service grants for residents of assisted housing projects, of 
     which amount up to $30,000,000 shall be for grants under 
     section 202b of the Housing Act of 1959 (12 U.S.C. 1701q-2) 
     for conversion of eligible projects under such section to 
     assisted living or related use, including substantial capital 
     repair, of which amount $25,000,000 shall be maintained by 
     the Secretary as a revolving loan fund for use as gap 
     financing to assist grantees in meeting all the initial cost 
     requirements for developing projects under section 202 of 
     such Act: Provided further, That of the amount under this 
     heading, $250,515,000 shall be for capital advances, 
     including amendments to capital advance contracts, for 
     supportive housing for persons with disabilities, as 
     authorized by section 811 of the Cranston-Gonzalez National 
     Affordable Housing Act, for project rental assistance for 
     supportive housing for persons with disabilities under 
     section 811(d)(2) of such Act, including amendments to 
     contracts for such assistance and renewal of expiring 
     contracts for such assistance for up to a 1-year term, and 
     for supportive services associated with the housing for 
     persons with disabilities as authorized by section 811(b)(1) 
     of such Act, and for tenant-based rental assistance contracts 
     entered into pursuant to section 811 of such Act: Provided 
     further, That of the amount made available under this 
     heading, $15,000,000 shall be available to the Secretary of 
     Housing and Urban Development only for making grants to 
     private nonprofit organizations and consumer cooperatives for 
     covering costs of architectural and engineering work, site 
     control, and other planning relating to the development of 
     supportive housing for the elderly that is eligible for 
     assistance under section 202 of the Housing Act of 1959 (12 
     U.S.C. 1701q): Provided further, That amounts made available 
     in the previous proviso shall be awarded on a competitive 
     basis as provided in section 102 of the Department of Housing 
     and Urban Development Reform Act of 1989: Provided further, 
     That no less than $940,000, to be divided evenly between the 
     appropriations for the section 202 and section 811 programs, 
     shall be transferred to the Working Capital Fund for the 
     development of and modifications to information technology 
     systems which serve activities under ``Housing programs'' or 
     ``Federal housing administration'': Provided further, That, 
     in addition to amounts made available for renewal of tenant-
     based rental assistance contracts pursuant to the second 
     proviso of this paragraph, the Secretary may designate up to 
     25 percent of the amounts earmarked under this paragraph for 
     section 811 of such Act for tenant-based assistance, as 
     authorized under that section, including such authority as 
     may be waived under the next proviso, which assistance is 5 
     years in duration: Provided further, That the Secretary may 
     waive the provisions governing the terms and conditions of 
     project rental assistance and tenant-based rental assistance 
     for such section 202 and such section 811, except that the 
     initial contract term for such assistance shall not exceed 5 
     years in duration: Provided further, That all balances and 
     recaptures, as of October 1, 2003, remaining in the 
     ``Congregate housing services'' account as authorized by the 
     Housing and Community Development Amendments of 1978, as 
     amended, shall be transferred to and merged with the amounts 
     for those purposes under this heading.


                         flexible subsidy fund

                          (transfer of funds)

       From the Rental Housing Assistance Fund, all uncommitted 
     balances of excess rental charges as of September 30, 2003, 
     and any collections made during fiscal year 2004 (with the 
     exception of amounts required to make refunds of excess 
     income remittances as authorized by Public Law 106-569), 
     shall be transferred to the Flexible Subsidy Fund, as 
     authorized by section 236(g) of the National Housing Act, as 
     amended.


                       rental housing assistance

                              (rescission)

       Up to $303,000,000 of recaptured section 236 budget 
     authority resulting from prepayment of mortgages subsidized 
     under section 236 of the National Housing Act (12 U.S.C. 
     1715z-1) shall be rescinded in fiscal year 2004: Provided, 
     That the limitation otherwise applicable to the maximum 
     payments that may be required in any fiscal year by all 
     contracts entered into under section 236 is reduced in fiscal 
     year 2004 by not more than $303,000,000 in uncommitted 
     balances of authorizations of contract authority provided for 
     this purpose in appropriations Acts.


                  manufactured housing fees trust fund

       For necessary expenses as authorized by the National 
     Manufactured Housing Construction and Safety Standards Act of 
     1974, as amended (42 U.S.C. 5401 et seq.), $13,000,000, to 
     remain available until expended, to be derived from the 
     Manufactured Housing Fees Trust Fund: Provided, That not to 
     exceed the total amount appropriated under this heading shall 
     be available from the general fund of the Treasury to the 
     extent necessary to incur obligations and make expenditures 
     pending the receipt of collections to the Fund pursuant to 
     section 620 of such Act: Provided further, That the amount 
     made available under this heading from the general fund shall 
     be reduced as such collections are received during fiscal 
     year 2004 so as to result in a final fiscal year 2004 
     appropriation from the general fund estimated at not more 
     than $0 and fees pursuant to such section 620 shall be 
     modified as necessary to ensure such a final fiscal year 2004 
     appropriation.

                     Federal Housing Administration


               mutual mortgage insurance program account

                     (including transfers of funds)

       During fiscal year 2004, commitments to guarantee loans to 
     carry out the purposes of section 203(b) of the National 
     Housing Act, as amended, shall not exceed a loan principal of 
     $185,000,000,000.
       During fiscal year 2004, obligations to make direct loans 
     to carry out the purposes of section 204(g) of the National 
     Housing Act, as amended, shall not exceed $50,000,000: 
     Provided, That the foregoing amount shall be for loans to 
     nonprofit and governmental entities in connection with sales 
     of single family real properties owned by the Secretary and 
     formerly insured under the Mutual Mortgage Insurance Fund.
       For administrative expenses necessary to carry out the 
     guaranteed and direct loan program, $359,000,000, of which 
     not to exceed $355,000,000 shall be transferred to the 
     appropriation for ``Salaries and expenses''; and not to 
     exceed $4,000,000 shall be transferred to the appropriation 
     for ``Office of Inspector General''. In addition, for 
     administrative contract expenses, $85,000,000, of which no 
     less than $20,744,000 shall be transferred to the Working 
     Capital Fund for the development of and modifications to 
     information technology systems which serve programs or 
     activities under ``Housing programs'' or ``Federal housing 
     administration'': Provided, That to the extent guaranteed 
     loan commitments exceed $65,500,000,000 on or before April 1, 
     2004, an additional $1,400 for administrative contract 
     expenses shall be available for each $1,000,000 in additional 
     guaranteed loan commitments (including a pro rata amount for 
     any amount below $1,000,000), but in no case shall funds made 
     available by this proviso exceed $30,000,000.


                general and special risk program account

                     (including transfers of funds)

       For the cost of guaranteed loans, as authorized by sections 
     238 and 519 of the National Housing Act (12 U.S.C. 1715z-3 
     and 1735c), including the cost of loan guarantee 
     modifications, as that term is defined in section 502 of the 
     Congressional Budget Act of 1974, as amended, $15,000,000, to 
     remain available until expended: Provided, That these funds 
     are available to subsidize total loan principal, any part of 
     which is to be guaranteed, of up to $25,000,000,000.
       Gross obligations for the principal amount of direct loans, 
     as authorized by sections 204(g), 207(l), 238, and 519(a) of 
     the National Housing Act, shall not exceed $50,000,000, of 
     which not to exceed $30,000,000 shall be for bridge financing 
     in connection with the sale of multifamily real properties 
     owned by the Secretary and formerly insured under such Act; 
     and of which not to exceed $20,000,000 shall be for loans to 
     nonprofit and governmental entities in connection with the 
     sale of single-family real properties owned by the Secretary 
     and formerly insured under such Act.
       In addition, for administrative expenses necessary to carry 
     out the guaranteed and direct loan programs, $229,000,000, of 
     which $209,000,000, shall be transferred to the appropriation 
     for ``Salaries and expenses''; and of which $20,000,000 shall 
     be transferred to the appropriation for ``Office of Inspector 
     General''.
       In addition, for administrative contract expenses necessary 
     to carry out the guaranteed and direct loan programs, 
     $93,780,000, of which no less than $16,946,000 shall be 
     transferred to the Working Capital Fund for the development 
     of and modifications to information technology systems which 
     serve activities under ``Housing programs'' or ``Federal 
     housing administration'': Provided, That to the extent 
     guaranteed loan commitments exceed $8,426,000,000 on or 
     before April 1, 2004, an additional $1,980 for administrative 
     contract expenses shall be available for each $1,000,000 in 
     additional guaranteed loan commitments over $8,426,000,000 
     (including a pro rata amount for any increment below 
     $1,000,000), but in no case shall funds made available by 
     this proviso exceed $14,400,000.

                Government National Mortgage Association


guarantees of mortgage-backed securities loan guarantee program account

                     (including transfer of funds)

       New commitments to issue guarantees to carry out the 
     purposes of section 306 of the National Housing Act, as 
     amended (12 U.S.C. 1721(g)), shall not exceed 
     $200,000,000,000, to remain available until September 30, 
     2005.
       For administrative expenses necessary to carry out the 
     guaranteed mortgage-backed

[[Page 28909]]

     securities program, $10,695,000, to be derived from the GNMA 
     guarantees of mortgage-backed securities guaranteed loan 
     receipt account, of which not to exceed $10,695,000, shall be 
     transferred to the appropriation for ``Salaries and 
     expenses''.

                    Policy Development and Research


                        research and technology

       For contracts, grants, and necessary expenses of programs 
     of research and studies relating to housing and urban 
     problems, not otherwise provided for, as authorized by title 
     V of the Housing and Urban Development Act of 1970, as 
     amended (12 U.S.C. 1701z-1 et seq.), including carrying out 
     the functions of the Secretary under section 1(a)(1)(i) of 
     Reorganization Plan No. 2 of 1968, $47,000,000, to remain 
     available until September 30, 2005: Provided, That of the 
     total amount provided under this heading, $7,500,000 shall be 
     for the Partnership for Advancing Technology in Housing 
     (PATH) Initiative.

                   Fair Housing and Equal Opportunity


                        fair housing activities

       For contracts, grants, and other assistance, not otherwise 
     provided for, as authorized by title VIII of the Civil Rights 
     Act of 1968, as amended by the Fair Housing Amendments Act of 
     1988, and section 561 of the Housing and Community 
     Development Act of 1987, as amended, $50,000,000, to remain 
     available until September 30, 2005, of which $20,000,000 
     shall be to carry out activities pursuant to such section 
     561: Provided, That no funds made available under this 
     heading shall be used to lobby the executive or legislative 
     branches of the Federal Government in connection with a 
     specific contract, grant or loan.

                     Office of Lead Hazard Control


                         lead hazard reduction

       For the Lead Hazard Reduction Program, as authorized by 
     section 1011 of the Residential Lead-Based Paint Hazard 
     Reduction Act of 1992, $175,000,000, to remain available 
     until September 30, 2005, of which $10,000,000 shall be for 
     the Healthy Homes Initiative, pursuant to sections 501 and 
     502 of the Housing and Urban Development Act of 1970: 
     Provided, That both programs may include research, studies, 
     evaluations, testing, and demonstration efforts, including 
     education and outreach by units of general local government, 
     community-based organizations and other appropriate entities 
     concerning lead-based paint poisoning and other housing-
     related diseases and hazards: Provided, That of the total 
     amount made available under this heading, $50,000,000 shall 
     be made available on a competitive basis for areas with the 
     highest lead paint abatement needs, as identified by the 
     Secretary as having: (1) the highest number of pre-1940 units 
     of rental housing; and (2) a disproportionately high number 
     of documented cases of lead-poisoned children: Provided 
     further, That each grantee receiving funds under the previous 
     proviso shall target those privately owned units and 
     multifamily buildings that are occupied by low-income 
     families as defined under section 3(b)(2) of the United 
     States Housing Act of 1937: Provided further, That not less 
     than 90 percent of the funds made available under this 
     paragraph shall be used exclusively for abatement, 
     inspections, risk assessments, temporary relocations and 
     interim control of lead-based hazards as defined by 42 U.S.C. 
     4851: Provided further, That each recipient of funds provided 
     under the first proviso shall make a matching contribution in 
     an amount not less than 25 percent: Provided further, That 
     each applicant shall submit a detailed plan and strategy that 
     demonstrates adequate capacity that is acceptable to the 
     Secretary of the Department of Housing and Urban Development 
     to carry out the proposed use of funds pursuant to a Notice 
     of Funding Availability.

                     Management and Administration


                         salaries and expenses

                     (including transfer of funds)

       For necessary administrative and non-administrative 
     expenses of the Department of Housing and Urban Development, 
     not otherwise provided for, including purchase of uniforms, 
     or allowances therefor, as authorized by 5 U.S.C. 5901-5902; 
     hire of passenger motor vehicles; services as authorized by 5 
     U.S.C. 3109; and not to exceed $25,000 for official reception 
     and representation expenses, $1,112,130,000, of which 
     $564,000,000 shall be provided from the various funds of the 
     Federal Housing Administration, $10,695,000 shall be provided 
     from funds of the Government National Mortgage Association, 
     $1,000,000 shall be provided from the ``Community development 
     loan guarantees program'' account, $150,000 shall be provided 
     by transfer from the ``Native American housing block grants'' 
     account, $250,000 shall be provided by transfer from the 
     ``Indian housing loan guarantee fund program'' account and 
     $35,000 shall be transferred from the ``Native Hawaiian 
     housing loan guarantee fund'' account: Provided further, That 
     the General Counsel of the Department of Housing and Urban 
     Development shall have for fiscal year 2004 and all fiscal 
     years hereafter overall responsibility for all issues related 
     to appropriations law: Provided further, That the Secretary 
     shall fill 7 out of 10 vacancies at the GS-14 and GS-15 
     levels until the total number of GS-14 and GS-15 positions in 
     the Department has been reduced from the number of GS-14 and 
     GS-15 positions on the date of enactment of Public Law 106-
     377 by 2\1/2\ percent: Provided further, That no funds shall 
     be made available for the salaries (other than pensions and 
     related costs) of any employees who had significant 
     responsibility for allocating funding for the overleasing of 
     vouchers by public housing agencies.


                          working capital fund

       For additional capital for the Working Capitol Fund (42 
     U.S.C. 3535) for the development of, modifications to, and 
     infrastructure for Department-wide information technology 
     systems, and for the continuing operation of both Department-
     wide and program-specific information systems, $240,000,000, 
     to remain available until September 30, 2005: Provided, That 
     any amounts transferred to this Fund under this Act shall 
     remain available until expended.


                      office of inspector general

                     (including transfer of funds)

       For necessary expenses of the Office of Inspector General 
     in carrying out the Inspector General Act of 1978, as 
     amended, $102,000,000, of which $24,000,000 shall be provided 
     from the various funds of the Federal Housing Administration: 
     Provided, That the Inspector General shall have independent 
     authority over all personnel issues within this office: 
     Provided further, That no less than $300,000 shall be 
     transferred to the Working Capital Fund for the development 
     of and modifications to information technology systems for 
     the Office of Inspector General.


                         consolidated fee fund

                              (rescission)

       All unobligated balances remaining available from fees and 
     charges under section 7(j) of the Department of Housing and 
     Urban Development Act on October 1, 2003 are rescinded.

             Office of Federal Housing Enterprise Oversight


                         Salaries and Expenses

                     (including transfer of funds)

       For carrying out the Federal Housing Enterprises Financial 
     Safety and Soundness Act of 1992, including not to exceed 
     $500 for official reception and representation expenses, 
     $32,415,000, to remain available until expended, to be 
     derived from the Federal Housing Enterprises Oversight Fund: 
     Provided, That not to exceed such amount shall be available 
     from the general fund of the Treasury to the extent necessary 
     to incur obligations and make expenditures pending the 
     receipt of collections to the Fund: Provided further, That 
     the general fund amount shall be reduced as collections are 
     received during the fiscal year so as to result in a final 
     appropriation from the general fund estimated at not more 
     than $32,415,000.

                       Administrative Provisions

       Sec. 201. Fifty percent of the amounts of budget authority, 
     or in lieu thereof 50 percent of the cash amounts associated 
     with such budget authority, that are recaptured from projects 
     described in section 1012(a) of the Stewart B. McKinney 
     Homeless Assistance Amendments Act of 1988 (42 U.S.C. 1437 
     note) shall be rescinded, or in the case of cash, shall be 
     remitted to the Treasury, and such amounts of budget 
     authority or cash recaptured and not rescinded or remitted to 
     the Treasury shall be used by State housing finance agencies 
     or local governments or local housing agencies with projects 
     approved by the Secretary of Housing and Urban Development 
     for which settlement occurred after January 1, 1992, in 
     accordance with such section. Notwithstanding the previous 
     sentence, the Secretary may award up to 15 percent of the 
     budget authority or cash recaptured and not rescinded or 
     remitted to the Treasury to provide project owners with 
     incentives to refinance their project at a lower interest 
     rate.
       Sec. 202. None of the amounts made available under this Act 
     may be used during fiscal year 2004 to investigate or 
     prosecute under the Fair Housing Act any otherwise lawful 
     activity engaged in by one or more persons, including the 
     filing or maintaining of a non-frivolous legal action, that 
     is engaged in solely for the purpose of achieving or 
     preventing action by a Government official or entity, or a 
     court of competent jurisdiction.
       Sec. 203. (a) Notwithstanding section 854(c)(1)(A) of the 
     AIDS Housing Opportunity Act (42 U.S.C. 12903(c)(1)(A)), from 
     any amounts made available under this title for fiscal year 
     2004 that are allocated under such section, the Secretary of 
     Housing and Urban Development shall allocate and make a 
     grant, in the amount determined under subsection (b), for any 
     State that--
       (1) received an allocation in a prior fiscal year under 
     clause (ii) of such section; and
       (2) is not otherwise eligible for an allocation for fiscal 
     year 2004 under such clause (ii) because the areas in the 
     State outside of the metropolitan statistical areas that 
     qualify under clause (i) in fiscal year 2004 do not have the 
     number of cases of acquired immunodeficiency syndrome (AIDS) 
     required under such clause.
       (b) The amount of the allocation and grant for any State 
     described in subsection (a) shall be an amount based on the 
     cumulative number of AIDS cases in the areas of that State 
     that are outside of metropolitan statistical areas that 
     qualify under clause (i) of

[[Page 28910]]

     such section 854(c)(1)(A) in fiscal year 2004, in proportion 
     to AIDS cases among cities and States that qualify under 
     clauses (i) and (ii) of such section and States deemed 
     eligible under subsection (a).
       Sec. 204. Except as explicitly provided in law, any grant 
     or assistance made pursuant to title II of this Act shall be 
     made on a competitive basis in accordance with section 102 of 
     the Department of Housing and Urban Development Reform Act of 
     1989.
       Sec. 205. Funds of the Department of Housing and Urban 
     Development subject to the Government Corporation Control Act 
     or section 402 of the Housing Act of 1950 shall be available, 
     without regard to the limitations on administrative expenses, 
     for legal services on a contract or fee basis, and for 
     utilizing and making payment for services and facilities of 
     the Federal National Mortgage Association, Government 
     National Mortgage Association, Federal Home Loan Mortgage 
     Corporation, Federal Financing Bank, Federal Reserve banks or 
     any member thereof, Federal Home Loan banks, and any insured 
     bank within the meaning of the Federal Deposit Insurance 
     Corporation Act, as amended (12 U.S.C. 1811-1831).
       Sec. 206. Unless otherwise provided for in this Act or 
     through a reprogramming of funds, no part of any 
     appropriation for the Department of Housing and Urban 
     Development shall be available for any program, project or 
     activity in excess of amounts set forth in the budget 
     estimates submitted to Congress.
       Sec. 207. Corporations and agencies of the Department of 
     Housing and Urban Development which are subject to the 
     Government Corporation Control Act, as amended, are hereby 
     authorized to make such expenditures, within the limits of 
     funds and borrowing authority available to each such 
     corporation or agency and in accordance with law, and to make 
     such contracts and commitments without regard to fiscal year 
     limitations as provided by section 104 of such Act as may be 
     necessary in carrying out the programs set forth in the 
     budget for 2004 for such corporation or agency except as 
     hereinafter provided: Provided, That collections of these 
     corporations and agencies may be used for new loan or 
     mortgage purchase commitments only to the extent expressly 
     provided for in this Act (unless such loans are in support of 
     other forms of assistance provided for in this or prior 
     appropriations Acts), except that this proviso shall not 
     apply to the mortgage insurance or guaranty operations of 
     these corporations, or where loans or mortgage purchases are 
     necessary to protect the financial interest of the United 
     States Government.
       Sec. 208. None of the funds provided in this title for 
     technical assistance, training, or management improvements 
     may be obligated or expended unless HUD provides to the 
     Committees on Appropriations a description of each proposed 
     activity and a detailed budget estimate of the costs 
     associated with each program, project or activity as part of 
     the Budget Justifications. For fiscal year 2004, HUD shall 
     transmit this information to the Committees by March 15, 2004 
     for 30 days of review.
       Sec. 209. Notwithstanding any other provision of law, in 
     fiscal year 2004, in managing and disposing of any 
     multifamily property that is owned or held by the Secretary 
     and is occupied primarily by elderly or disabled families, 
     the Secretary of Housing and Urban Development shall maintain 
     any rental assistance payments under section 8 of the United 
     States Housing Act of 1937 that are attached to any dwelling 
     units in the property. To the extent the Secretary determines 
     that such a multifamily property owned or held by the 
     Secretary is not feasible for continued rental assistance 
     payments under such section 8, the Secretary may, in 
     consultation with the tenants of that property, contract for 
     project-based rental assistance payments with an owner or 
     owners of other existing housing properties or provide other 
     rental assistance.
       Sec. 210. A public housing agency or such other entity that 
     administers Federal housing assistance in the States of 
     Alaska, Iowa, and Mississippi shall not be required to 
     include a resident of public housing or a recipient of 
     assistance provided under section 8 of the United States 
     Housing Act of 1937 on the board of directors or a similar 
     governing board of such agency or entity as required under 
     section (2)(b) of such Act. Each public housing agency or 
     other entity that administers Federal housing assistance 
     under section 8 in the States of Alaska, Iowa and Mississippi 
     shall establish an advisory board of not less than 6 
     residents of public housing or recipients of section 8 
     assistance to provide advice and comment to the public 
     housing agency or other administering entity on issues 
     related to public housing and section 8. Such advisory board 
     shall meet not less than quarterly.
       Sec. 211. Section 24(n) of the United States Housing Act of 
     1937 (42 U.S.C. 1437v(n)) is amended by striking ``September 
     30, 2004'' and inserting ``September 30, 2006''.
       Sec. 212. The Secretary of Housing and Urban Development 
     shall provide quarterly reports to the House and Senate 
     Committees on Appropriations regarding all uncommitted, 
     unobligated, and excess funds in each program and activity 
     within the jurisdiction of the Department and shall submit 
     additional, updated budget information to these committees 
     upon request.
       Sec. 213. The Secretary of Housing and Urban Development 
     shall submit an annual report no later than August 30, 2004 
     and annually thereafter to the House and Senate Committees on 
     Appropriations regarding the number of Federally assisted 
     units under lease and the per unit cost of these units to the 
     Department of Housing and Urban Development.
       Sec. 214. (a) Notwithstanding any other provision of law, 
     the amount allocated for fiscal year 2004 and thereafter to 
     the City of Philadelphia, Pennsylvania on behalf of the 
     Philadelphia, PA-NJ Primary Metropolitan Statistical Area 
     (hereafter ``metropolitan area''), under section 854(c) of 
     the AIDS Housing Opportunity Act (42 U.S.C. 12903(c)), shall 
     be adjusted by the Secretary of Housing and Urban Development 
     by allocating to the State of New Jersey the proportion of 
     the metropolitan area's amount that is based on the number of 
     cases of AIDS reported in the portion of the metropolitan 
     area that is located in New Jersey. The State of New Jersey 
     shall use amounts allocated to the State under this 
     subsection to carry out eligible activities under section 855 
     of the AIDS Housing Opportunity Act (42 U.S.C. 12904) in the 
     portion of the metropolitan area that is located in New 
     Jersey.
       (b) Notwithstanding any other provision of law, the 
     Secretary of Housing and Urban Development shall allocate to 
     Wake County, North Carolina, the amounts that otherwise would 
     be allocated for fiscal year 2004 and thereafter under 
     section 854(c) of the AIDS Housing Opportunity Act (42 U.S.C. 
     12903(c)) to the City of Raleigh, North Carolina, on behalf 
     of the Raleigh-Durham-Chapel Hill, North Carolina 
     Metropolitan Statistical Area. Any amounts allocated to Wake 
     County shall be used to carry out eligible activities under 
     section 855 of such Act (42 U.S.C. 12904) within such 
     metropolitan statistical area.
       Sec. 215. (a) During fiscal year 2004, in the provision of 
     rental assistance under section 8(o) of the United States 
     Housing Act of 1937 (42 U.S.C. 1437f(o)) in connection with a 
     program to demonstrate the economy and effectiveness of 
     providing such assistance for use in assisted living 
     facilities that is carried out in the counties of the State 
     of Michigan specified in subsection (b) of this section, 
     notwithstanding paragraphs (3) and (18)(B)(iii) of such 
     section 8(o), a family residing in an assisted living 
     facility in any such county, on behalf of which a public 
     housing agency provides assistance pursuant to section 
     8(o)(18) of such Act, may be required, at the time the family 
     initially receives such assistance, to pay rent in an amount 
     exceeding 40 percent of the monthly adjusted income of the 
     family by such a percentage or amount as the Secretary of 
     Housing and Urban Development determines to be appropriate.
       (b) The counties specified in this subsection are Oakland 
     County, Macomb County, Wayne County, and Washtenaw County, in 
     the State of Michigan.
       Sec. 216. Section 683(2) of the Housing and Community 
     Development Act of 1992 is amended--
       (1) in subparagraph (F), by striking ``and'';
       (2) in subparagraph (G), by striking ``section.'' and 
     inserting ``section; and''; and
       (3) by adding the following new subparagraph at the end:
       ``(H) housing that is assisted under section 811 of the 
     Cranston-Gonzalez National Affordable Housing Act.''.
       Sec. 217. Section 224 of the National Housing Act (12 
     U.S.C. 1735o) is amended by adding the following new sentence 
     at the end of the first paragraph: ``Notwithstanding the 
     preceding sentence and the following paragraph, if an 
     insurance claim is paid in cash for any mortgage that is 
     insured under section 203 or 234 of this Act and is endorsed 
     for mortgage insurance after the date of enactment of this 
     sentence, the debenture interest rate for purposes of 
     calculating such a claim shall be the monthly average yield, 
     for the month in which the default on the mortgage occurred, 
     on United States Treasury Securities adjusted to a constant 
     maturity of ten years.''.
       Sec. 218. The McKinney-Vento Homeless Assistance Act (42 
     U.S.C. 11301 et seq.) is amended--
       (1) in section 101(b), by striking ``Interagency Council on 
     the Homeless'' and inserting ``United States Interagency 
     Council on Homelessness'';
       (2) in section 102(b)(1), by striking ``an Interagency 
     Council on the Homeless'' and inserting ``the United States 
     Interagency Council on Homelessness'';
       (3) in the heading for title II, by striking ``INTERAGENCY 
     COUNCIL ON THE HOMELESS'' and inserting ``UNITED STATES 
     INTERAGENCY COUNCIL ON HOMELESSNESS'';
       (4) in sections 201, 207(1), 501(c)(2)(a), and 501(d)(3), 
     by striking ``Interagency Council on the Homeless'' and 
     inserting ``United States Interagency Council on 
     Homelessness''; and
       (5) in section 204(c), by inserting after ``reimbursable'' 
     the two places it appears the following: ``or 
     nonreimbursable''.
       Sec. 219. Title II of the National Housing Act (12 U.S.C. 
     1707 et seq.) is amended by adding the following new section 
     at the end:

[[Page 28911]]




         ``Payment Rewards for Certain Single Family Mortgages

       ``Sec. 257. For purposes of establishing an alternative to 
     high cost mortgages for borrowers with credit impairments, 
     the Secretary may insure under sections 203(b) and 234(c) of 
     this title any mortgage that meets the requirements of such 
     sections, except as provided in the following sentences. The 
     Secretary may establish lower percentage of appraised value 
     limitations than those provided in section 203(b)(2)(B). 
     Notwithstanding section 203(c)(2)(B), the Secretary may 
     establish and collect annual premium payments in an amount 
     not exceeding 1.0 percent of the remaining insured principal 
     balance and such payments may be reduced or eliminated in 
     subsequent years based on mortgage payment performance. All 
     mortgages insured pursuant to this section shall be 
     obligations of the Mutual Mortgage Insurance Fund 
     notwithstanding section 519 of this Act.''.
       Sec. 220. (a) Information Comparisons for Public and 
     Assisted Housing Programs.--Section 453(j) of the Social 
     Security Act (42 U.S.C. 653(j)) is amended by adding at the 
     end the following new paragraph:
       ``(7) Information comparisons for housing assistance 
     programs.--
       ``(A) Furnishing of information by hud.--Subject to 
     subparagraph (G), the Secretary of Housing and Urban 
     Development shall furnish to the Secretary, on such periodic 
     basis as determined by the Secretary of Housing and Urban 
     Development in consultation with the Secretary, information 
     in the custody of the Secretary of Housing and Urban 
     Development for comparison with information in the National 
     Directory of New Hires, in order to obtain information in 
     such Directory with respect to individuals who are 
     participating in any program under--
       ``(i) the United States Housing Act of 1937 (42 U.S.C. 1437 
     et seq.);
       ``(ii) section 202 of the Housing Act of 1959 (12 U.S.C. 
     1701q);
       ``(iii) section 221(d)(3), 221(d)(5), or 236 of the 
     National Housing Act (12 U.S.C. 1715l(d) and 1715z-1);
       ``(iv) section 811 of the Cranston-Gonzalez National 
     Affordable Housing Act (42 U.S.C. 8013); or
       ``(v) section 101 of the Housing and Urban Development Act 
     of 1965 (12 U.S.C. 1701s).
       ``(B) Requirement to seek minimum information.--The 
     Secretary of Housing and Urban Development shall seek 
     information pursuant to this section only to the extent 
     necessary to verify the employment and income of individuals 
     described in subparagraph (A).
       ``(C) Duties of the secretary.--
       ``(i) Information disclosure.--The Secretary, in 
     cooperation with the Secretary of Housing and Urban 
     Development, shall compare information in the National 
     Directory of New Hires with information provided by the 
     Secretary of Housing and Urban Development with respect to 
     individuals described in subparagraph (A), and shall disclose 
     information in such Directory regarding such individuals to 
     the Secretary of Housing and Urban Development, in accordance 
     with this paragraph, for the purposes specified in this 
     paragraph.
       ``(ii) Condition on disclosure.--The Secretary shall make 
     disclosures in accordance with clause (i) only to the extent 
     that the Secretary determines that such disclosures do not 
     interfere with the effective operation of the program under 
     this part.
       ``(D) Use of information by hud.--The Secretary of Housing 
     and Urban Development may use information resulting from a 
     data match pursuant to this paragraph only--
       ``(i) for the purpose of verifying the employment and 
     income of individuals described in subparagraph (A); and
       ``(ii) after removal of personal identifiers, to conduct 
     analyses of the employment and income reporting of 
     individuals described in subparagraph (A).
       ``(E) Disclosure of information by hud.--
       ``(i) Purpose of disclosure.--The Secretary of Housing and 
     Urban Development may make a disclosure under this 
     subparagraph only for the purpose of verifying the employment 
     and income of individuals described in subparagraph (A).
       ``(ii) Disclosures permitted.--Subject to clause (iii), the 
     Secretary of Housing and Urban Development may disclose 
     information resulting from a data match pursuant to this 
     paragraph only to a public housing agency, the Inspector 
     General of the Department of Housing and Urban Development, 
     and the Attorney General in connection with the 
     administration of a program described in subparagraph (A). 
     Information obtained by the Secretary of Housing and Urban 
     Development pursuant to this paragraph shall not be made 
     available under section 552 of title 5, United States Code.
       ``(iii) Conditions on disclosure.--Disclosures under this 
     paragraph shall be--

       ``(I) made in accordance with data security and control 
     policies established by the Secretary of Housing and Urban 
     Development and approved by the Secretary;
       ``(II) subject to audit in a manner satisfactory to the 
     Secretary; and
       ``(III) subject to the sanctions under subsection (l)(2).

       ``(iv) Additional disclosures.--

       ``(I) Determination by secretaries.--The Secretary of 
     Housing and Urban Development and the Secretary shall 
     determine whether to permit disclosure of information under 
     this paragraph to persons or entities described in subclause 
     (II), based on an evaluation made by the Secretary of Housing 
     and Urban Development (in consultation with and approved by 
     the Secretary), of the costs and benefits of disclosures made 
     under clause (ii) and the adequacy of measures used to 
     safeguard the security and confidentiality of information so 
     disclosed.
       ``(II) Permitted persons or entities.--If the Secretary of 
     Housing and Urban Development and the Secretary determine 
     pursuant to subclause (I) that disclosures to additional 
     persons or entities shall be permitted, information under 
     this paragraph may be disclosed by the Secretary of Housing 
     and Urban Development to a private owner, a management agent, 
     and a contract administrator in connection with the 
     administration of a program described in subparagraph (A), 
     subject to the conditions in clause (iii) and such additional 
     conditions as agreed to by the Secretaries.

       ``(v) Restrictions on redisclosure.--A person or entity to 
     which information is disclosed under this subparagraph may 
     use or disclose such information only as needed for verifying 
     the employment and income of individuals described in 
     subparagraph (A), subject to the conditions in clause (iii) 
     and such additional conditions as agreed to by the 
     Secretaries.
       ``(F) Reimbursement of hhs costs.--The Secretary of Housing 
     and Urban Development shall reimburse the Secretary, in 
     accordance with subsection (k)(3), for the costs incurred by 
     the Secretary in furnishing the information requested under 
     this paragraph.
       ``(G) Consent.--The Secretary of Housing and Urban 
     Development shall not seek, use, or disclose information 
     under this paragraph relating to an individual without the 
     prior written consent of such individual (or of a person 
     legally authorized to consent on behalf of such 
     individual).''.
       (b) Consent to Information Comparison and Use as Condition 
     of Hud Program Eligibility.--As a condition of participating 
     in any program authorized under--
       (1) the United States Housing Act of 1937 (42 U.S.C. 1437 
     et seq.);
       (2) section 202 of the Housing Act of 1959 (12 U.S.C. 
     1701q);
       (3) section 221(d)(3), 221(d)(5), or 236 of the National 
     Housing Act (12 U.S.C. 1715l(d) and 1715z-1);
       (4) section 811 of the Cranston-Gonzalez National 
     Affordable Housing Act (42 U.S.C. 8013); or
       (5) section 101 of the Housing and Urban Development Act of 
     1965 (12 U.S.C. 1701s),
     the Secretary of Housing and Urban Development may require 
     consent by an individual (or by a person legally authorized 
     to consent on behalf of such individual) for such Secretary 
     to obtain, use, and disclose information with respect to such 
     individual in accordance with section 453(j)(7) of the Social 
     Security Act (42 U.S.C. 653(j)(7)).
       Sec. 221. Section 9 of the United States Housing Act of 
     1937 is amended by inserting at the end the following new 
     subsection:
       ``(o) Loan Guarantee Development Funding.--
       ``(1) In order to facilitate the financing of the 
     rehabilitation and development needs of public housing, the 
     Secretary is authorized to provide loan guarantees for public 
     housing agencies to enter into loans or other financial 
     obligations with financial institutions for the purpose of 
     financing the rehabilitation of a portion of public housing 
     or the development off-site of public housing in mixed income 
     developments (including demolition costs of the public 
     housing units to be replaced), provided that the number of 
     public housing units developed off-site replaces no less than 
     an equal number of on-site public housing units in a project. 
     Loans or other obligations entered into pursuant to this 
     subsection shall be in such form and denominations, have such 
     maturities, and be subject to such conditions as may be 
     prescribed by regulations issued by the Secretary.
       ``(2) The Secretary may prohibit a public housing agency 
     from obtaining a loan under this subsection only if the 
     rehabilitation or replacement housing proposed by a public 
     housing agency is inconsistent with its Public Housing Agency 
     Plan, as submitted under section 5A, or the proposed terms of 
     the guaranteed loan constitutes an unacceptable financial 
     risk to the public housing agency or for repayment of the 
     loan under this subsection.
       ``(3) Notwithstanding any other provision of this title, 
     funding allocated to a public housing agency under 
     subsections (d)(2) and (e)(2) of this section for capital and 
     operating funds is authorized for use in the payment of the 
     principal and interest due (including such servicing, 
     underwriting or other costs as may be specified in the 
     regulations of the Secretary) on the loans or other 
     obligations entered into pursuant to this subsection.
       ``(4) The amount of any loan or other obligation entered 
     into under this subsection shall not exceed in total the pro-
     rata amount of funds that would be allocated over a period 
     not to exceed 30 years under subsections (d)(2) and (e)(2) of 
     this section on a per unit

[[Page 28912]]

     basis as a percentage of the number of units that are 
     designated to be rehabilitated or replaced under this 
     subsection by a public housing agency as compared to the 
     total number of units in the public housing development, as 
     determined on the basis of funds made available under such 
     subsections (d)(2) and (e)(2) in the previous year. Any 
     reduction in the total amount of funds provided to a public 
     housing agency under this section in subsequent years shall 
     not reduce the amount of funds to be paid under a loan 
     entered into under this subsection but instead shall reduce 
     the capital and operating funds which are available for the 
     other housing units in the public housing development in that 
     fiscal year. Any additional income, including the receipt of 
     rental income from tenants, generated by the rehabilitated or 
     replaced units may be used to establish a loan loss reserve 
     for the public housing agency to assist in the repayment of 
     loans or other obligations entered into under this subsection 
     or to address any shortfall in the operating or capital needs 
     of the public housing agency in any fiscal year.
       ``(5) Subject to appropriations, the Secretary may use 
     funds from the Public Housing Capital Fund to--
       ``(A) establish a loan loss reserve account within the 
     Department of Housing and Urban Development to minimize the 
     risk of loss associated with the repayment of loans 
     guaranteed under this subsection,
       ``(B) make grants to a public housing agency for capital 
     investment needs or for the creation of a loan loss reserve 
     account to be used in conjunction with a loan made under this 
     subsection for the rehabilitation of a portion of public 
     housing or the development off-site of public housing in 
     mixed income developments (including demolition costs of the 
     public housing units to be replaced), or
       ``(C) or repay any losses associated with a loan guarantee 
     under this subsection.
       ``(6) The Secretary may, to the extent approved in 
     appropriations Acts, assist in the payment of all or a 
     portion of the principal and interest amount due under the 
     loan or other obligation entered into under this subsection, 
     if the Secretary determines that the public housing agency is 
     unable to pay the amount it owes because of circumstances of 
     extreme hardship beyond the control of the public housing 
     agency.''.
       Sec. 222. Section 204(a) of the McKinney-Vento Homeless 
     Assistance Act (42 U.S.C. 11314(a)) is amended by striking in 
     the first sentence after the word ``level'', ``V'', and 
     inserting in its place ``III''.
       Sec. 223. Notwithstanding any other provision of law, the 
     State of Hawaii may elect by July 31, 2004 to distribute 
     funds under section 106(d)(2) of the Housing and Community 
     Development Act of 1974, to units of general local government 
     located in nonentitlement areas of that State. If the State 
     of Hawaii fails to make such election, the Secretary shall 
     for fiscal years 2005 and thereafter make grants to the units 
     of general local government located in the State of Hawaii's 
     nonentitlement areas (Hawaii, Kauai, and Maui counties). The 
     Secretary of Housing and Urban Development shall allocate 
     funds under section 106(d) of such Act to units of general 
     local government located in nonentitlement areas within the 
     State of Hawaii in accordance with a formula which bears the 
     same ratio to the total amount available for the 
     nonentitlement areas of the State as the weighted average of 
     the ratios between (1) the population of that eligible unit 
     of general local government and the population of all 
     eligible units of general local government in the 
     nonentitlement areas of the State; (2) the extent of poverty 
     in that eligible unit of general local government and the 
     extent of poverty in all of the eligible units of general 
     local government in the nonentitlement areas of the State; 
     and (3) the extent of housing overcrowding in that eligible 
     unit of general local government and the extent of housing 
     overcrowding in all of the eligible units of general local 
     government in the nonentitlement areas of the State. In 
     determining the weighted average of the ratios described in 
     the previous sentence, the ratio described in clause (2) 
     shall be counted twice and the ratios described in clauses 
     (1) and (3) shall be counted once. Notwithstanding any other 
     provision, grants made under this section shall be subject to 
     the program requirements of section 104 of the Housing and 
     Community Development Act of 1974 in the same manner as such 
     requirements are made applicable to grants made under section 
     106(b) of the Housing and Community Development Act of 1974.
       Sec. 224. The Secretary of Housing and Urban Development 
     shall issue a proposed rulemaking, in accordance with Title 
     V, United States Code, not later than 90 days from the date 
     of enactment of this Act that--
       (1) addresses and expands, as necessary, the participation 
     and certification requirements for the sale of HUD-owned 
     multifamily housing projects and the foreclosure sale of any 
     multifamily housing securing a mortgage held by the 
     Secretary, including whether a potential purchaser is in 
     substantial compliance with applicable state or local 
     government housing statutes, regulations, ordinances and 
     codes with regard to other properties owned by the purchaser; 
     and
       (2) requires any state, city, or municipality that 
     exercises its right of first refusal for the purchase of a 
     multifamily housing project under section 203 of the Housing 
     and Community Development Amendments of 1978 (12 U.S.C. 
     1701z-11(i)) to ensure that potential purchasers of the 
     project from the state, city, or municipality are subject to 
     the same standards that they would otherwise be subject to if 
     they had purchased the project directly from the Secretary, 
     including whether a potential purchaser is in substantial 
     compliance with applicable state or local government housing 
     statutes, regulations, ordinances and codes with regard to 
     other properties owned by the purchaser.
       Sec. 225. Section 217 of Public Law 107-73 is amended by 
     striking ``the rehabilitation'' and inserting in lieu 
     thereof: ``redevelopment, including demolition and new 
     construction''.

                    TITLE III--INDEPENDENT AGENCIES

                  American Battle Monuments Commission


                         salaries and expenses

       For necessary expenses, not otherwise provided for, of the 
     American Battle Monuments Commission, including the 
     acquisition of land or interest in land in foreign countries; 
     purchases and repair of uniforms for caretakers of national 
     cemeteries and monuments outside of the United States and its 
     territories and possessions; rent of office and garage space 
     in foreign countries; purchase (one for replacement only) and 
     hire of passenger motor vehicles; and insurance of official 
     motor vehicles in foreign countries, when required by law of 
     such countries, $35,000,000, to remain available until 
     expended.

             Chemical Safety and Hazard Investigation Board


                         SALARIES AND EXPENSES

       For necessary expenses in carrying out activities pursuant 
     to section 112(r)(6) of the Clean Air Act, as amended, 
     including hire of passenger vehicles, uniforms or allowances 
     therefore, as authorized by 5 U.S.C. 5901-5902, and for 
     services authorized by 5 U.S.C. 3109 but at rates for 
     individuals not to exceed the per diem equivalent to the 
     maximum rate payable for senior level positions under 5 
     U.S.C. 5376, $8,000,000, of which $5,500,000 is to remain 
     available until September 30, 2004 and $2,500,000, of which 
     is to remain available until September 30, 2005: Provided 
     further, That the Chemical Safety and Hazard Investigation 
     Board shall have not more than three career Senior Executive 
     Service positions.

                       Department of the Treasury

              Community Development Financial Institutions


   community development financial institutions fund program account

       To carry out the Community Development Banking and 
     Financial Institutions Act of 1994, including services 
     authorized by 5 U.S.C. 3109, but at rates for individuals not 
     to exceed the per diem rate equivalent to the rate for ES-3, 
     $70,000,000, to remain available until September 30, 2005, of 
     which not less than $5,000,000 shall be for financial 
     assistance, technical assistance, training and outreach 
     programs designed to benefit Native American, Native 
     Hawaiian, and Alaskan Native communities and provided 
     primarily through qualified community development lender 
     organizations with experience and expertise in community 
     development banking and lending in Indian country, Native 
     American organizations, tribes and tribal organizations and 
     other suitable providers, and up to $12,000,000 may be used 
     for administrative expenses, including administration of the 
     New Markets Tax Credit, up to $6,000,000 may be used for the 
     cost of direct loans, and up to $250,000 may be used for 
     administrative expenses to carry out the direct loan program: 
     Provided, That the cost of direct loans, including the cost 
     of modifying such loans, shall be as defined in section 502 
     of the Congressional Budget Act of 1974, as amended: Provided 
     further, That these funds are available to subsidize gross 
     obligations for the principal amount of direct loans not to 
     exceed $11,000,000.

                   Consumer Product Safety Commission


                         salaries and expenses

       For necessary expenses of the Consumer Product Safety 
     Commission, including hire of passenger motor vehicles, 
     services as authorized by 5 U.S.C. 3109, but at rates for 
     individuals not to exceed the per diem rate equivalent to the 
     maximum rate payable under 5 U.S.C. 5376, purchase of nominal 
     awards to recognize non-Federal officials' contributions to 
     Commission activities, and not to exceed $500 for official 
     reception and representation expenses, $60,000,000.

             Corporation for National and Community Service


       national and community service programs operating expenses

                     (including transfer of funds)

       For necessary expenses for the Corporation for National and 
     Community Service (the ``Corporation'') in carrying out 
     programs, activities, and initiatives under the National and 
     Community Service Act of 1990 (the ``Act'') (42 U.S.C. 12501 
     et seq.), $452,575,000,

[[Page 28913]]

     to remain available until September 30, 2005: Provided, That 
     not more than $330,000,000 of the amount provided under this 
     heading shall be available for the National Service Trust 
     under subtitle D of title I of the Act (42 U.S.C. 12601 et 
     seq.) and for grants under the National Service Trust Program 
     authorized under subtitle C of title I of the Act (42 U.S.C. 
     12571 et seq.) (relating to activities of the AmeriCorps 
     program), including grants to organizations operating 
     projects under the AmeriCorps Education Awards Program 
     (without regard to the requirements of sections 121(d) and 
     (e), section 131(e), section 132, and sections 140(a), (d), 
     and (e) of the Act): Provided further, That from the amount 
     provided under the previous proviso, the Corporation may 
     transfer funds as necessary, to remain available without 
     fiscal year limitation, to the National Service Trust for 
     educational awards authorized under subtitle D of title I of 
     the Act (42 U.S.C. 12601), of which up to $5,000,000 shall be 
     available to support national service scholarships for high 
     school students performing community service: Provided 
     further, That the Corporation shall approve and enroll 
     AmeriCorps members pursuant to the Strengthen AmeriCorps 
     Program Act (Public Law 108-45): Provided further, That of 
     the amount provided under this heading for grants under the 
     National Service Trust program authorized under subtitle C of 
     title I of the Act, not more than $50,000,000 may be used to 
     administer, reimburse, or support any national service 
     program authorized under section 121(d)(2) of such Act (42 
     U.S.C. 12581(d)(2)): Provided further, That not more than 
     $14,575,000 shall be available for quality and innovation 
     activities authorized under subtitle H of title I of the Act 
     (42 U.S.C. 12853 et seq.), of which $5,000,000 shall be 
     available for challenge grants to non-profit organizations: 
     Provided further, That notwithstanding subtitle H of title I 
     of the Act (42 U.S.C. 12853), none of the funds provided 
     under the previous proviso shall be used to support salaries 
     and related expenses (including travel) attributable to 
     Corporation employees: Provided further, That to the maximum 
     extent feasible, funds appropriated under subtitle C of title 
     I of the Act shall be provided in a manner that is consistent 
     with the recommendations of peer review panels in order to 
     ensure that priority is given to programs that demonstrate 
     quality, innovation, replicability, and sustainability: 
     Provided further, That not more than $10,000,000 of the funds 
     made available under this heading shall be made available for 
     the Points of Light Foundation for activities authorized 
     under title III of the Act (42 U.S.C. 12661 et seq.), of 
     which not more than $2,500,000 may be used to support an 
     endowment fund, the corpus of which shall remain intact and 
     the interest income from which shall be used to support 
     activities described in title III of the Act, provided that 
     the Foundation may invest the corpus and income in federally 
     insured bank savings accounts or comparable interest bearing 
     accounts, certificates of deposit, money market funds, mutual 
     funds, obligations of the United States, and other market 
     instruments and securities but not in real estate 
     investments: Provided further, That no funds shall be 
     available for national service programs run by Federal 
     agencies authorized under section 121(b) of such Act (42 
     U.S.C. 12571(b)): Provided further, That not more than 
     $5,000,000 of the funds made available under this heading 
     shall be made available to America's Promise--The Alliance 
     for Youth, Inc.: Provided further, That to the maximum extent 
     practicable, the Corporation shall increase significantly the 
     level of matching funds and in-kind contributions provided by 
     the private sector, and shall reduce the total Federal costs 
     per participant in all programs by not less than 10 percent: 
     Provided further, That the Inspector General of the 
     Corporation for National and Community Service shall conduct 
     random audits of the grantees that administer activities 
     under the AmeriCorps programs and shall debar any grantee (or 
     successor in interest or any entity with substantially the 
     same person or persons in control) that has been determined 
     to have committed any substantial violations of the 
     requirements of the AmeriCorps programs, including any 
     grantee that has been determined to have violated the 
     prohibition of using Federal funds to lobby the Congress: 
     Provided further, That the Inspector General shall obtain 
     reimbursements in the amount of any misused funds from any 
     grantee that has been determined to have committed any 
     substantial violations of the requirements of the AmeriCorps 
     programs.


                         SALARIES AND EXPENSES

       For necessary expenses (including payment of salaries, 
     authorized travel, hire of passenger motor vehicles, the 
     rental of conference rooms in the District of Columbia, the 
     employment of experts and consultants authorized under 5 
     U.S.C. 3109, and not to exceed $2,500 for official reception 
     and representation expenses) involved in carrying out the 
     National and Community Service Act of 1990 (42 U.S.C. 12501 
     et seq.) involved in administration as provided under section 
     501(a)(4) of the Act, $25,000,000.


                      office of inspector general

       For necessary expenses of the Office of Inspector General 
     in carrying out the Inspector General Act of 1978, as 
     amended, $6,500,000, to remain available until September 30, 
     2005.


                       administrative provisions

       Notwithstanding any other provision of law, the term 
     ``qualified student loan'' with respect to national service 
     education awards shall mean any loan determined by an 
     institution of higher education to be necessary to cover a 
     student's cost of attendance at such institution and made, 
     insured, or guaranteed directly to a student by a State 
     agency, in addition to other meanings under section 148(b)(7) 
     of the National and Community Service Act.
       Notwithstanding any other provision of law, funds made 
     available under section 129(d)(5)(B) of the National and 
     Community Service Act to assist entities in placing 
     applicants who are individuals with disabilities may be 
     provided to any entity that receives a grant under section 
     121 of the Act.

           United States Court of Appeals for Veterans Claims


                         salaries and expenses

       For necessary expenses for the operation of the United 
     States Court of Appeals for Veterans Claims as authorized by 
     38 U.S.C. 7251-7298, $16,220,000 of which $1,175,000 shall be 
     available for the purpose of providing financial assistance 
     as described, and in accordance with the process and 
     reporting procedures set forth, under this heading in Public 
     Law 102-229.

                      Department of Defense--Civil

                       Cemeterial Expenses, Army


                         salaries and expenses

       For necessary expenses, as authorized by law, for 
     maintenance, operation, and improvement of Arlington National 
     Cemetery and Soldiers' and Airmen's Home National Cemetery, 
     including the purchase of two passenger motor vehicles for 
     replacement only, and not to exceed $1,000,000 for official 
     reception and representation expenses, $32,000,000, to remain 
     available until expended.

                Department of Health and Human Services

                     National Institutes of Health


          national institute of environmental health sciences

       For necessary expenses for the National Institute of 
     Environmental Health Sciences in carrying out activities set 
     forth in section 311(a) of the Comprehensive Environmental 
     Response, Compensation, and Liability Act of 1980, as 
     amended, and section 126(g) of the Superfund Amendments and 
     Reauthorization Act of 1986, $78,774,000.

            Agency for Toxic Substances and Disease Registry


            toxic substances and environmental public health

       For necessary expenses for the Agency for Toxic Substances 
     and Disease Registry (ATSDR) in carrying out activities set 
     forth in sections 104(i), 111(c)(4), and 111(c)(14) of the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (CERCLA), as amended; section 118(f) of 
     the Superfund Amendments and Reauthorization Act of 1986 
     (SARA), as amended; and section 3019 of the Solid Waste 
     Disposal Act, as amended, $73,467,000, which may be derived 
     to the extent funds are available from the Hazardous 
     Substance Superfund Trust Fund pursuant to section 517(a) of 
     SARA (26 U.S.C. 9507): Provided, That notwithstanding any 
     other provision of law, in lieu of performing a health 
     assessment under section 104(i)(6) of CERCLA, the 
     Administrator of ATSDR may conduct other appropriate health 
     studies, evaluations, or activities, including, without 
     limitation, biomedical testing, clinical evaluations, medical 
     monitoring, and referral to accredited health care providers: 
     Provided further, That in performing any such health 
     assessment or health study, evaluation, or activity, the 
     Administrator of ATSDR shall not be bound by the deadlines in 
     section 104(i)(6)(A) of CERCLA: Provided further, That none 
     of the funds appropriated under this heading shall be 
     available for ATSDR to issue in excess of 40 toxicological 
     profiles pursuant to section 104(i) of CERCLA during fiscal 
     year 2004, and existing profiles may be updated as necessary.

                    Environmental Protection Agency


                         science and technology

       For science and technology, including research and 
     development activities, which shall include research and 
     development activities under the Comprehensive Environmental 
     Response, Compensation, and Liability Act of 1980, as 
     amended; necessary expenses for personnel and related costs 
     and travel expenses, including uniforms, or allowances 
     therefor, as authorized by 5 U.S.C. 5901-5902; services as 
     authorized by 5 U.S.C. 3109, but at rates for individuals not 
     to exceed the per diem rate equivalent to the maximum rate 
     payable for senior level positions under 5 U.S.C. 5376; 
     procurement of laboratory equipment and supplies; other 
     operating expenses in support of research and development; 
     construction, alteration, repair, rehabilitation, and 
     renovation of facilities, not to exceed $75,000 per project, 
     $715,579,000, which shall remain available until September 
     30, 2005.


                 environmental programs and management

       For environmental programs and management, including 
     necessary expenses, not otherwise provided for, for personnel 
     and related

[[Page 28914]]

     costs and travel expenses, including uniforms, or allowances 
     therefor, as authorized by 5 U.S.C. 5901-5902; services as 
     authorized by 5 U.S.C. 3109, but at rates for individuals not 
     to exceed the per diem rate equivalent to the maximum rate 
     payable for senior level positions under 5 U.S.C. 5376; hire 
     of passenger motor vehicles; hire, maintenance, and operation 
     of aircraft; purchase of reprints; library memberships in 
     societies or associations which issue publications to members 
     only or at a price to members lower than to subscribers who 
     are not members; construction, alteration, repair, 
     rehabilitation, and renovation of facilities, not to exceed 
     $75,000 per project; and not to exceed $9,000 for official 
     reception and representation expenses, $2,219,659,000, which 
     shall remain available until September 30, 2005, including 
     administrative costs of the brownfields program under the 
     Small Business Liability Relief and Brownfields 
     Revitalization Act of 2002.


                      office of inspector general

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978, as amended, and for construction, alteration, 
     repair, rehabilitation, and renovation of facilities, not to 
     exceed $75,000 per project, $36,808,000, to remain available 
     until September 30, 2005.


                        buildings and facilities

       For construction, repair, improvement, extension, 
     alteration, and purchase of fixed equipment or facilities of, 
     or for use by, the Environmental Protection Agency, 
     $42,918,000, to remain available until expended.


                     Hazardous Substance Superfund

                     (including transfers of funds)

       For necessary expenses to carry out the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (CERCLA), as amended, including sections 111(c)(3), 
     (c)(5), (c)(6), and (e)(4) (42 U.S.C. 9611), and for 
     construction, alteration, repair, rehabilitation, and 
     renovation of facilities, not to exceed $75,000 per project; 
     $1,265,000,000 (of which $100,000,000 shall not become 
     available until September 1, 2003), to remain available until 
     expended, consisting of such sums as are available in the 
     Trust Fund as authorized by section 517(a) of the Superfund 
     Amendments and Reauthorization Act of 1986 (SARA) and up to 
     $1,265,000,000 as a payment from general revenues to the 
     Hazardous Substance Superfund for purposes as authorized by 
     section 517(b) of SARA, as amended: Provided, That funds 
     appropriated under this heading may be allocated to other 
     Federal agencies in accordance with section 111(a) of CERCLA: 
     Provided further, That of the funds appropriated under this 
     heading, $13,214,000 shall be transferred to the ``Office of 
     Inspector General'' appropriation to remain available until 
     September 30, 2005, and $45,000,000 shall be transferred to 
     the ``Science and technology'' appropriation to remain 
     available until September 30, 2005.


                leaking underground storage tank program

       For necessary expenses to carry out leaking underground 
     storage tank cleanup activities authorized by section 205 of 
     the Superfund Amendments and Reauthorization Act of 1986, and 
     for construction, alteration, repair, rehabilitation, and 
     renovation of facilities, not to exceed $75,000 per project, 
     $72,545,000, to remain available until expended.


                           oil spill response

       For expenses necessary to carry out the Environmental 
     Protection Agency's responsibilities under the Oil Pollution 
     Act of 1990, $16,209,000, to be derived from the Oil Spill 
     Liability trust fund, to remain available until expended.


                   state and tribal assistance grants

       For environmental programs and infrastructure assistance, 
     including capitalization grants for State revolving funds and 
     performance partnership grants, $3,814,000,000, to remain 
     available until expended, of which $1,350,000,000 shall be 
     for making capitalization grants for the Clean Water State 
     Revolving Funds under title VI of the Federal Water Pollution 
     Control Act, as amended (the ``Act''); $850,000,000 shall be 
     for capitalization grants for the Drinking Water State 
     Revolving Funds under section 1452 of the Safe Drinking Water 
     Act, as amended, except that, notwithstanding section 1452(n) 
     of the Safe Drinking Water Act, as amended, none of the funds 
     made available under this heading in this Act, or in previous 
     appropriations Acts, shall be reserved by the Administrator 
     for health effects studies on drinking water contaminants; 
     $50,000,000 shall be for architectural, engineering, 
     planning, design, construction and related activities in 
     connection with the construction of high priority water and 
     wastewater facilities in the area of the United States-Mexico 
     Border, after consultation with the appropriate border 
     commission; $45,000,000 shall be for grants to the State of 
     Alaska to address drinking water and wastewater 
     infrastructure needs of rural and Alaska Native Villages: 
     Provided, That, of these funds (1) 25 percent will be set 
     aside for regional hub communities of populations over 1,000 
     but under 5,000, (2) the State of Alaska shall provide a 
     match of 25 percent, (3) no more than 5 percent of the fund 
     may be used for administrative and overhead expenses, and (4) 
     a statewide priority list shall be established which shall 
     remain in effect for at least three years; $3,500,000 shall 
     be for remediation of above ground leaking fuel tanks 
     pursuant to Public Law 106-554; $130,000,000 shall be for 
     making grants for the construction of drinking water, 
     wastewater and storm water infrastructure and for water 
     quality protection in accordance with the terms and 
     conditions specified for such grants in the committee report 
     accompanying this Act, and, notwithstanding any other 
     provision of law, heretofore and hereafter, projects awarded 
     such grants under this heading that also receive loans from a 
     State water pollution control or drinking water revolving 
     fund may be administered in accordance with applicable State 
     water pollution control or drinking water revolving fund 
     administrative and procedural requirements, and, for purposes 
     of these grants, each grantee shall contribute not less than 
     45 percent of the cost of the project unless the grantee is 
     approved for a waiver by the Administrator of the 
     Environmental Protection Agency; $100,500,000 shall be to 
     carry out section 104(k) of the Comprehensive Environmental 
     Response, Compensation, and Liability Act of 1980 (CERCLA), 
     as amended, including grants, interagency agreements, and 
     associated program support costs; and $1,130,000,000 shall be 
     for grants, including associated program support costs, to 
     States, federally recognized tribes, interstate agencies, 
     tribal consortia, and air pollution control agencies for 
     multi-media or single media pollution prevention, control and 
     abatement and related activities, including activities 
     pursuant to the provisions set forth under this heading in 
     Public Law 104-134, and for making grants under section 103 
     of the Clean Air Act for particulate matter monitoring and 
     data collection activities of which and subject to terms and 
     conditions specified by the Administrator, of which 
     $60,000,000 shall be for carrying out section 128 of CERCLA, 
     as amended, and $20,000,000 shall be for Environmental 
     Information Exchange Network grants, including associated 
     program support costs: Provided, That for fiscal year 2004, 
     State authority under section 302(a) of Public Law 104-182 
     shall remain in effect: Provided further, That 
     notwithstanding section 603(d)(7) of the Act, the limitation 
     on the amounts in a State water pollution control revolving 
     fund that may be used by a State to administer the fund shall 
     not apply to amounts included as principal in loans made by 
     such fund in fiscal year 2004 and prior years where such 
     amounts represent costs of administering the fund to the 
     extent that such amounts are or were deemed reasonable by the 
     Administrator, accounted for separately from other assets in 
     the fund, and used for eligible purposes of the fund, 
     including administration: Provided further, That for fiscal 
     year 2004, and notwithstanding section 518(f) of the Act, the 
     Administrator is authorized to use the amounts appropriated 
     for any fiscal year under section 319 of that Act to make 
     grants to Indian tribes pursuant to sections 319(h) and 
     518(e) of that Act: Provided further, That for fiscal year 
     2004, notwithstanding the limitation on amounts in section 
     518(c) of the Act, up to a total of 1\1/2\ percent of the 
     funds appropriated for State Revolving Funds under title VI 
     of that Act may be reserved by the Administrator for grants 
     under section 518(c) of such Act: Provided further, That no 
     funds provided by this legislation to address the water, 
     wastewater and other critical infrastructure needs of the 
     colonias in the United States along the United States-Mexico 
     border shall be made available to a county or municipal 
     government unless that government has established an 
     enforceable local ordinance, or other zoning rule, which 
     prevents in that jurisdiction the development or construction 
     of any additional colonia areas, or the development within an 
     existing colonia the construction of any new home, business, 
     or other structure which lacks water, wastewater, or other 
     necessary infrastructure: Provided further, That the 
     referenced statement of the managers under this heading in 
     Public Law 106-377 is deemed to be amended by striking 
     ``wastewater'' in reference to item number 219 and inserting 
     ``water'': Provided further, That the referenced statement of 
     the managers under this heading in Public Law 108-7 is deemed 
     to be amended by striking ``wastewater'' in reference to item 
     number 409 and inserting ``water''.


                       administrative provisions

       For fiscal year 2004, notwithstanding 31 U.S.C. 6303(1) and 
     6305(1), the Administrator of the Environmental Protection 
     Agency, in carrying out the Agency's function to implement 
     directly Federal environmental programs required or 
     authorized by law in the absence of an acceptable tribal 
     program, may award cooperative agreements to federally-
     recognized Indian Tribes or Intertribal consortia, if 
     authorized by their member Tribes, to assist the 
     Administrator in implementing Federal environmental programs 
     for Indian Tribes required or authorized by law, except that 
     no such cooperative agreements may be awarded from funds 
     designated for State financial assistance agreements.
       None of the funds appropriated or otherwise made available 
     by this Act shall be used to promulgate a final regulation to 
     implement changes in the payment of pesticide

[[Page 28915]]

     tolerance processing fees as proposed at 64 Fed. Reg. 31040, 
     or any similar proposals. The Environmental Protection Agency 
     may proceed with the development of such a rule.
       The Environmental Protection Agency may not use any of the 
     funds appropriated or otherwise made available by this Act to 
     implement the Registration Fee system codified at 40 Code of 
     Federal Regulations Subpart U (sections 152.400 et seq.) if 
     its authority to collect maintenance fees pursuant to FIFRA 
     section 4(i)(5) is extended for at least 1 year beyond 
     September 30, 2003.
       Section 136a-1 of title 7, U.S.C. is amended--
       (1) in subsection (i)(5)(C)(i) by striking ``2003'' and 
     inserting ``2004'';
       (2) in subsection (i)(5)(H) by striking ``2003'' and 
     inserting ``2004'';
       (3) in subsection (i)(6) by striking ``2003'' and inserting 
     ``2004''; and
       (4) in subsection (k)(3)(A) by striking ``2003'' and 
     inserting ``2004''.
       Notwithstanding CERCLA 104(k)(4)(B)(i)(IV), appropriated 
     funds may hereafter be used to award grants or loans under 
     section 104(k) of CERCLA to eligible entities that satisfy 
     all of the elements set forth in CERCLA section 101(40) to 
     qualify as a bona fide prospective purchaser except that the 
     date of acquisition of the property was prior to the date of 
     enactment of the Small Business Liability Relief and 
     Brownfield Revitalization Act of 2001.
       For fiscal year 2004, notwithstanding any other provision 
     of law, recipients of grants awarded under section 104(k) of 
     the Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (42 U.S.C. 9601 et seq.) may use funds 
     for reasonable administrative costs, as determined by the 
     Administrator of the Environmental Protection Agency.
       Section 209(e)(1)(A) of the Clean Air Act (42 U.S.C. 
     7543(e)(1)(A)) is amended by striking out ``New engines which 
     are'' and inserting in lieu thereof the following: ``Any 
     engine covered by a certificate of conformity that also 
     covers any engine''.

                   Executive Office of the President


                office of science and technology policy

       For necessary expenses of the Office of Science and 
     Technology Policy, in carrying out the purposes of the 
     National Science and Technology Policy, Organization, and 
     Priorities Act of 1976 (42 U.S.C. 6601 and 6671), hire of 
     passenger motor vehicles, and services as authorized by 5 
     U.S.C. 3109, not to exceed $2,500 for official reception and 
     representation expenses, and rental of conference rooms in 
     the District of Columbia, $7,027,000.


  council on environmental quality and office of environmental quality

       For necessary expenses to continue functions assigned to 
     the Council on Environmental Quality and Office of 
     Environmental Quality pursuant to the National Environmental 
     Policy Act of 1969, the Environmental Quality Improvement Act 
     of 1970, and Reorganization Plan No. 1 of 1977, and not to 
     exceed $750 for official reception and representation 
     expenses, $3,238,000: Provided, That, notwithstanding section 
     202 of the National Environmental Policy Act of 1970, the 
     Council shall consist of one member, appointed by the 
     President, by and with the advice and consent of the Senate, 
     serving as chairman and exercising all powers, functions, and 
     duties of the Council.

                 Federal Deposit Insurance Corporation


                      office of inspector general

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978, as amended, $30,848,000, to be derived from the Bank 
     Insurance Fund, the Savings Association Insurance Fund, and 
     the FSLIC Resolution Fund.

                    General Services Administration


                federal citizen information center fund

       For necessary expenses of the Federal Citizen Information 
     Center, including services authorized by 5 U.S.C. 3109, 
     $14,000,000, to be deposited into the Federal Citizen 
     Information Center Fund: Provided, That the appropriations, 
     revenues, and collections deposited into the Fund shall be 
     available for necessary expenses of Federal Citizen 
     Information Center activities in the aggregate amount not to 
     exceed $21,000,000. Appropriations, revenues, and collections 
     accruing to this Fund during fiscal year 2004 in excess of 
     $21,000,000 shall remain in the Fund and shall not be 
     available for expenditure except as authorized in 
     appropriations Acts.

           United States Interagency Council on Homelessness


                           OPERATING EXPENSES

       For necessary expenses (including payment of salaries, 
     authorized travel, hire of passenger motor vehicles, the 
     rental of conference rooms in the District of Columbia, and 
     the employment of experts and consultants under section 3109 
     of title 5, United States Code) of the Interagency Council on 
     the Homeless in carrying out the functions pursuant to title 
     II of the McKinney-Vento Homeless Assistance Act, as amended, 
     $1,500,000.

             National Aeronautics and Space Administration


                       Space Flight Capabilities

       For necessary expenses, not otherwise provided for, in the 
     conduct and support of space flight capabilities research and 
     development activities, including research, development, 
     operations, support and services; maintenance; construction 
     of facilities including repair, rehabilitation, 
     revitalization and modification of facilities, construction 
     of new facilities and additions to existing facilities, 
     facility planning and design, and acquisition or condemnation 
     of real property, as authorized by law; environmental 
     compliance and restoration; space flight, spacecraft control 
     and communications activities including operations, 
     production, and services; program management; personnel and 
     related costs, including uniforms or allowances therefor, as 
     authorized by 5 U.S.C. 5901-5902; travel expenses; purchase 
     and hire of passenger motor vehicles; not to exceed $35,000 
     for official reception and representation expenses; and 
     purchase, lease, charter, maintenance and operation of 
     mission and administrative aircraft, $7,582,100,000, to 
     remain available until September 30, 2005, of which no less 
     than $3,968,000,000 shall be available for activities related 
     to the Space Shuttle and shall not be available for transfer 
     to any other program or account, and no more than 
     $1,507,000,000 shall be available for activities related to 
     the International Space Station.


                  Science, Aeronautics and Exploration

                     (including transfer of funds)

       For necessary expenses, not otherwise provided for, in the 
     conduct and support of science, aeronautics and exploration 
     research and development activities, including research, 
     development, operations, support and services; maintenance; 
     construction of facilities including repair, rehabilitation, 
     revitalization, and modification of facilities, construction 
     of new facilities and additions to existing facilities, 
     facility planning and design, and restoration, and 
     acquisition or condemnation of real property, as authorized 
     by law; environmental compliance and restoration; space 
     flight, spacecraft control and communications activities 
     including operations, production, and services; program 
     management; personnel and related costs, including uniforms 
     or allowances therefor, as authorized by 5 U.S.C. 5901-5902; 
     travel expenses; purchase and hire of passenger motor 
     vehicles; not to exceed $35,000 for official reception and 
     representation expenses; and purchase, lease, charter, 
     maintenance and operation of mission and administrative 
     aircraft, $7,730,507,000, to remain available until September 
     30, 2005, of which amounts as determined by the Administrator 
     for salaries and benefits; training, travel and awards; 
     facility and related costs; information technology services; 
     science, engineering, fabricating and testing services; and 
     other administrative services may be transferred to ``Space 
     flight capabilities'' in accordance with section 312(b) of 
     the National Aeronautics and Space Act of 1958, as amended by 
     Public Law 106-377.


                      office of inspector general

       For necessary expenses of the Office of Inspector General 
     in carrying out the Inspector General Act of 1978, as 
     amended, $26,300,000.


                       Administrative Provisions

       Notwithstanding the limitation on the availability of funds 
     appropriated for ``Science, aeronautics and exploration'', or 
     ``Space flight capabilities'' by this appropriations Act, 
     when any activity has been initiated by the incurrence of 
     obligations for construction of facilities as authorized by 
     law, such amount available for such activity shall remain 
     available until expended. This provision does not apply to 
     the amounts appropriated for institutional minor 
     revitalization and construction of facilities, and 
     institutional facility planning and design.
       Notwithstanding the limitation on the availability of funds 
     appropriated for ``Science, aeronautics and exploration'', or 
     ``Space flight capabilities'' by this appropriations Act, the 
     amounts appropriated for construction of facilities shall 
     remain available until September 30, 2006.
       From amounts made available in this Act for these 
     activities, the Administration may transfer amounts between 
     aeronautics from the ``Science, aeronautics and exploration'' 
     account to the ``Space flight capabilities'' account, 
     provided NASA meets all reprogramming requirements.
       Funds for announced prizes otherwise authorized shall 
     remain available, without fiscal year limitation, until the 
     prize is claimed or the offer is withdrawn.
       NASA shall maintain a working capital fund in the United 
     States Treasury and report to the Congress on the status of 
     this fund by January 31, 2004. Amounts in the fund are 
     available for financing activities, services, equipment, 
     information, and facilities as authorized by law to be 
     provided within the Administration; to other agencies or 
     instrumentalities of the United States; to any State, 
     Territory, or possession or political subdivision thereof; to 
     other public or private agencies; or to any person, firm, 
     association, corporation, or educational institution on a 
     reimbursable basis. The fund shall also be available for the 
     purpose of funding capital repairs, renovations, 
     rehabilitation, sustainment, demolition, or replacement of 
     NASA real property, on a reimbursable basis within the 
     Administration.

[[Page 28916]]

     Amounts in the fund are available without regard to fiscal 
     year limitation. The capital of the fund consists of amounts 
     appropriated to the fund; the reasonable value of stocks of 
     supplies, equipment, and other assets and inventories on 
     order that the Administrator transfers to the fund, less the 
     related liabilities and unpaid obligations; and payments 
     received for loss or damage to property of the fund. The fund 
     shall be reimbursed, in advance, for supplies and services at 
     rates that will approximate the expenses of operation, such 
     as the accrual of annual leave, depreciation of plant, 
     property and equipment, and overhead.
       The unexpired balances of prior appropriations to NASA for 
     activities for which funds are provided under this Act may be 
     transferred to the new account established for the 
     appropriation that provides such activity under this Act. 
     Balances so transferred may be merged with funds in the newly 
     established account and thereafter may be accounted for as 
     one fund under the same terms and conditions.
       Notwithstanding any other provision of law, no funds under 
     this Act or any other Act may be used to compensate any 
     person who contracts with NASA who has otherwise chosen to 
     retire early or has taken a buy-out.

                  National Credit Union Administration


                       central liquidity facility

       During fiscal year 2004, gross obligations of the Central 
     Liquidity Facility for the principal amount of new direct 
     loans to member credit unions, as authorized by 12 U.S.C. 
     1795 et seq., shall not exceed $1,500,000,000: Provided, That 
     administrative expenses of the Central Liquidity Facility in 
     fiscal year 2004 shall not exceed $310,000.


               community development revolving loan fund

       For the Community Development Revolving Loan Fund program 
     as authorized by 42 U.S.C. 9812, 9822 and 9910, $1,500,000 
     shall be available: Provided, That of this amount $700,000, 
     together with amounts of principal and interest on loans 
     repaid, is available until expended for loans to community 
     development credit unions, and $800,000 is available until 
     September 30, 2005 for technical assistance to low-income and 
     community development credit unions.

                      National Science Foundation


                    Research and Related Activities

       For necessary expenses in carrying out the National Science 
     Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), and 
     the Act to establish a National Medal of Science (42 U.S.C. 
     1880-1881); services as authorized by 5 U.S.C. 3109; 
     maintenance and operation of aircraft and purchase of flight 
     services for research support; acquisition of aircraft; and 
     authorized travel; $4,220,610,000, of which not to exceed 
     $341,730,000 shall remain available until expended for Polar 
     research and operations support, and for reimbursement to 
     other Federal agencies for operational and science support 
     and logistical and other related activities for the United 
     States Antarctic program; the balance to remain available 
     until September 30, 2005: Provided, That receipts for 
     scientific support services and materials furnished by the 
     National Research Centers and other National Science 
     Foundation supported research facilities may be credited to 
     this appropriation: Provided further, That to the extent that 
     the amount appropriated is less than the total amount 
     authorized to be appropriated for included program 
     activities, all amounts, including floors and ceilings, 
     specified in the authorizing Act for those program activities 
     or their subactivities shall be reduced proportionally: 
     Provided further, That $90,000,000 of the funds available 
     under this heading shall be made available for a 
     comprehensive research initiative on plant genomes for 
     economically significant crops.


          major research equipment and facilities construction

       For necessary expenses for the acquisition, construction, 
     commissioning, and upgrading of major research equipment, 
     facilities, and other such capital assets pursuant to the 
     National Science Foundation Act of 1950, as amended, 
     including authorized travel, $149,680,000, to remain 
     available until expended.


                     education and human resources

       For necessary expenses in carrying out science and 
     engineering education and human resources programs and 
     activities pursuant to the National Science Foundation Act of 
     1950, as amended (42 U.S.C. 1861-1875), including services as 
     authorized by 5 U.S.C. 3109, authorized travel, and rental of 
     conference rooms in the District of Columbia, $975,870,000, 
     to remain available until September 30, 2005: Provided, That 
     to the extent that the amount of this appropriation is less 
     than the total amount authorized to be appropriated for 
     included program activities, all amounts, including floors 
     and ceilings, specified in the authorizing Act for those 
     program activities or their subactivities shall be reduced 
     proportionally.


                         salaries and expenses

       For salaries and expenses necessary in carrying out the 
     National Science Foundation Act of 1950, as amended (42 
     U.S.C. 1861-1875); services authorized by 5 U.S.C. 3109; hire 
     of passenger motor vehicles; not to exceed $9,000 for 
     official reception and representation expenses; uniforms or 
     allowances therefor, as authorized by 5 U.S.C. 5901-5902; 
     rental of conference rooms in the District of Columbia; and 
     reimbursement of the General Services Administration for 
     security guard services; $225,700,000: Provided, That 
     contracts may be entered into under ``Salaries and expenses'' 
     in fiscal year 2004 for maintenance and operation of 
     facilities, and for other services, to be provided during the 
     next fiscal year.


                  office of the NATIONAL SCIENCE BOARD

       For necessary expenses (including payment of salaries, 
     authorized travel, hire of passenger motor vehicles, the 
     rental of conference rooms in the District of Columbia, and 
     the employment of experts and consultants under section 3109 
     of title 5, United States Code) involved in carrying out 
     section 4 of the National Science Foundation Act of 1950 (42 
     U.S.C. 1863) and Public Law 86-209 (42 U.S.C. 1880 et seq.), 
     $3,900,000: Provided, That not more than $9,000 shall be 
     available for official reception and representation expenses.


                      office of inspector general

       For necessary expenses of the Office of Inspector General 
     as authorized by the Inspector General Act of 1978, as 
     amended, $10,000,000, to remain available until September 30, 
     2005.

                 Neighborhood Reinvestment Corporation


          payment to the neighborhood reinvestment corporation

       For payment to the Neighborhood Reinvestment Corporation 
     for use in neighborhood reinvestment activities, as 
     authorized by the Neighborhood Reinvestment Corporation Act 
     (42 U.S.C. 8101-8107), $115,000,000, of which $5,000,000 
     shall be for a multi-family rental housing program.


                        Administrative Provision

       Section 605(a) of the Neighborhood Reinvestment Corporation 
     Act (42 U.S.C. 8104) is amended by--
       (1) striking out ``compensation'' and inserting ``salary''; 
     and striking out ``highest rate provided for GS-18 of the 
     General Schedule under section 5332 of title 5 United States 
     Code''; and inserting ``rate for level IV of the Executive 
     Schedule''; and
       (2) inserting after the end the following sentence: ``The 
     Corporation shall also apply the provisions of section 
     5307(a)(1), (b)(1) and (b)(2) of title 5, United States Code, 
     governing limitations on certain pay as if its employees were 
     Federal employees receiving payments under title 5.''.

                        Selective Service System


                         salaries and expenses

       For necessary expenses of the Selective Service System, 
     including expenses of attendance at meetings and of training 
     for uniformed personnel assigned to the Selective Service 
     System, as authorized by 5 U.S.C. 4101-4118 for civilian 
     employees; purchase of uniforms, or allowances therefor, as 
     authorized by 5 U.S.C. 5901-5902; hire of passenger motor 
     vehicles; services as authorized by 5 U.S.C. 3109; and not to 
     exceed $750 for official reception and representation 
     expenses; $26,308,000: Provided, That during the current 
     fiscal year, the President may exempt this appropriation from 
     the provisions of 31 U.S.C. 1341, whenever the President 
     deems such action to be necessary in the interest of national 
     defense: Provided further, That none of the funds 
     appropriated by this Act may be expended for or in connection 
     with the induction of any person into the Armed Forces of the 
     United States: Provided further, That none of the funds 
     appropriated under this heading may be used in direct support 
     of the Corporation for National and Community Service.

                      TITLE IV--GENERAL PROVISIONS

       Sec. 401. No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 402. No funds appropriated by this Act may be 
     expended--
       (1) pursuant to a certification of an officer or employee 
     of the United States unless--
       (A) such certification is accompanied by, or is part of, a 
     voucher or abstract which describes the payee or payees and 
     the items or services for which such expenditure is being 
     made; or
       (B) the expenditure of funds pursuant to such 
     certification, and without such a voucher or abstract, is 
     specifically authorized by law; and
       (2) unless such expenditure is subject to audit by the 
     General Accounting Office or is specifically exempt by law 
     from such audit.
       Sec. 403. None of the funds provided in this Act to any 
     department or agency may be obligated or expended for: (1) 
     the transportation of any officer or employee of such 
     department or agency between the domicile and the place of 
     employment of the officer or employee, with the exception of 
     an officer or employee authorized such transportation under 
     31 U.S.C. 1344 or 5 U.S.C. 7905; or (2) to provide a cook, 
     chauffeur, or other personal servants to any officer or 
     employee of such department or agency.
       Sec. 404. None of the funds provided in this Act may be 
     used for payment, through grants or contracts, to recipients 
     that do not

[[Page 28917]]

     share in the cost of conducting research resulting from 
     proposals not specifically solicited by the Government: 
     Provided, That the extent of cost sharing by the recipient 
     shall reflect the mutuality of interest of the grantee or 
     contractor and the Government in the research.
       Sec. 405. None of the funds provided in this Act may be 
     used, directly or through grants, to pay or to provide 
     reimbursement for payment of the salary of a consultant 
     (whether retained by the Federal Government or a grantee) at 
     more than the daily equivalent of the rate paid for level IV 
     of the Executive Schedule, unless specifically authorized by 
     law.
       Sec. 406. None of the funds provided in this Act may be 
     used to pay the expenses of, or otherwise compensate, non-
     Federal parties intervening in regulatory or adjudicatory 
     proceedings. Nothing herein affects the authority of the 
     Consumer Product Safety Commission pursuant to section 7 of 
     the Consumer Product Safety Act (15 U.S.C. 2056 et seq.).
       Sec. 407. Except as otherwise provided under existing law, 
     or under an existing Executive order issued pursuant to an 
     existing law, the obligation or expenditure of any 
     appropriation under this Act for contracts for any consulting 
     service shall be limited to contracts which are: (1) a matter 
     of public record and available for public inspection; and (2) 
     thereafter included in a publicly available list of all 
     contracts entered into within 24 months prior to the date on 
     which the list is made available to the public and of all 
     contracts on which performance has not been completed by such 
     date. The list required by the preceding sentence shall be 
     updated quarterly and shall include a narrative description 
     of the work to be performed under each such contract.
       Sec. 408. Except as otherwise provided by law, no part of 
     any appropriation contained in this Act shall be obligated or 
     expended by any executive agency, as referred to in the 
     Office of Federal Procurement Policy Act (41 U.S.C. 401 et 
     seq.), for a contract for services unless such executive 
     agency: (1) has awarded and entered into such contract in 
     full compliance with such Act and the regulations promulgated 
     thereunder; and (2) requires any report prepared pursuant to 
     such contract, including plans, evaluations, studies, 
     analyses and manuals, and any report prepared by the agency 
     which is substantially derived from or substantially includes 
     any report prepared pursuant to such contract, to contain 
     information concerning: (A) the contract pursuant to which 
     the report was prepared; and (B) the contractor who prepared 
     the report pursuant to such contract.
       Sec. 409. (a) It is the sense of the Congress that, to the 
     greatest extent practicable, all equipment and products 
     purchased with funds made available in this Act should be 
     American-made.
       (b) In providing financial assistance to, or entering into 
     any contract with, any entity using funds made available in 
     this Act, the head of each Federal agency, to the greatest 
     extent practicable, shall provide to such entity a notice 
     describing the statement made in subsection (a) by the 
     Congress.
       Sec. 410. None of the funds appropriated in this Act may be 
     used to implement any cap on reimbursements to grantees for 
     indirect costs, except as published in Office of Management 
     and Budget Circular A-21.
       Sec. 411. Such sums as may be necessary for fiscal year 
     2004 pay raises for programs funded by this Act shall be 
     absorbed within the levels appropriated in this Act.
       Sec. 412. None of the funds made available in this Act may 
     be used for any program, project, or activity, when it is 
     made known to the Federal entity or official to which the 
     funds are made available that the program, project, or 
     activity is not in compliance with any Federal law relating 
     to risk assessment, the protection of private property 
     rights, or unfunded mandates.
       Sec. 413. Except in the case of entities that are funded 
     solely with Federal funds or any natural persons that are 
     funded under this Act, none of the funds in this Act shall be 
     used for the planning or execution of any program to pay the 
     expenses of, or otherwise compensate, non-Federal parties to 
     lobby or litigate in respect to adjudicatory proceedings 
     funded in this Act. A chief executive officer of any entity 
     receiving funds under this Act shall certify that none of 
     these funds have been used to engage in the lobbying of the 
     Federal Government or in litigation against the United States 
     unless authorized under existing law.
       Sec. 414. No part of any funds appropriated in this Act 
     shall be used by an agency of the executive branch, other 
     than for normal and recognized executive-legislative 
     relationships, for publicity or propaganda purposes, and for 
     the preparation, distribution or use of any kit, pamphlet, 
     booklet, publication, radio, television or film presentation 
     designed to support or defeat legislation pending before the 
     Congress, except in presentation to the Congress itself.
       Sec. 415. All Departments and agencies funded under this 
     Act are encouraged, within the limits of the existing 
     statutory authorities and funding, to expand their use of 
     ``E-Commerce'' technologies and procedures in the conduct of 
     their business practices and public service activities.
       Sec. 416. None of the funds made available in this Act may 
     be transferred to any department, agency, or instrumentality 
     of the United States Government that is established after the 
     date of the enactment of this Act, except pursuant to a 
     transfer made by, or transfer authority provided in, this Act 
     or any other appropriation Act.
       Sec. 417. None of the funds provided in this Act to any 
     department or agency shall be obligated or expended to 
     procure passenger automobiles as defined in 15 U.S.C. 2001 
     with an EPA estimated miles per gallon average of less than 
     22 miles per gallon.
       This Act may be cited as the ``Departments of Veterans 
     Affairs and Housing and Urban Development, and Independent 
     Agencies Appropriations Act, 2004''.
                                 ______
                                 
  SA 2151. Ms. LANDRIEU submitted an amendment intended to be proposed 
to amendment SA 2150 proposed by Mr. Bond (for himself and Ms. 
Mikulski) to the bill H.R. 2861, making appropriations for the 
Departments of Veterans Affairs and Housing and Urban Development, and 
for sundry independent agencies, boards, commissions, corporations, and 
offices for the fiscal year ending September 30, 2004, and for other 
purposes; as follows:

       On page 125, between lines 7 and 8, insert the following:
       Sec. 418. Section 106(d) of the Housing and Community 
     Development Act of 1974 (42 U.S.C. 5306(d)) is amended--
       (1) in paragraph (3)(A), by striking ``shall not exceed 2 
     percent'' and inserting ``shall not, subject to paragraph 
     (6), exceed 3 percent'';
       (2) in paragraph (5), by striking ``not to exceed 1 
     percent'' and inserting ``subject to paragraph (6), not to 
     exceed 3 percent'';
       (3) by redesignating the second paragraph (5) and paragraph 
     (6) as paragraphs (7) and (8), respectively; and
       (4) by inserting after paragraph (5) the following:
       ``(6) Of the amounts received under paragraph (1), the 
     State may deduct not more than an aggregate total of 3 
     percent of such amounts for--
       ``(A) administrative expenses under paragraph (3)(A); and
       ``(B) technical assistance under paragraph (5).''.
                                 ______
                                 
  SA 2152. Mrs. CLINTON (for herself, Mr. Enzi, Ms. Cantwell, Mr. 
Grassley, Mrs. Murray, Mr. Smith, Mr. Schumer, Mr. Wyden, Mr. Harkin, 
Ms. Stabenow, Mr. Kerry, Mr. Dodd, Mr. Lieberman, Mr. Levin, and Mr. 
Daschle) submitted an amendment intended to be proposed to amendment SA 
2150 proposed by Mr. Bond (for himself and Ms. Mikulski) to the bill 
H.R. 2861, making appropriations for the Departments of Veterans 
Affairs and Housing and Urban Development, and for sundry independent 
agencies, boards, commissions, corporations, and offices for the fiscal 
year ending September 30, 2004, and for other purposes; as follows:

       At the end of title I, add the following:
       Sec. 116. (a) Limitation on Use of Funds for CARES 
     Initiative.--No funds appropriated or otherwise made 
     available for the Department of Veterans Affairs for a fiscal 
     year before fiscal year 2005 may be obligated or expended to 
     take any actions proposed under the Capital Asset Realignment 
     for Enhanced Services (CARES) initiative that would result in 
     the closure of a Department of Veterans Affairs health care 
     facility, or reduction in services at such a facility, until 
     the Secretary of Veterans Affairs--
       (1) modifies the Capital Asset Realignment for Enhanced 
     Services initiative national planning procedures to require 
     that no changes be made in long-term care, domiciliary care, 
     or mental health services without a completed and separate 
     Capital Asset Realignment for Enhanced Services planning 
     process intended to assess the future demand for such 
     services;
       (2) modifies the Capital Asset Realignment for Enhanced 
     Services initiative national planning process to take into 
     account the impact that any transfer of health care services 
     under the initiative will have on the access of veterans to 
     primary outpatient care, inpatient hospital care, and 
     tertiary hospital care in rural and frontier population 
     areas, as defined by the Census Bureau, taking into 
     consideration such travel matters as road conditions, numbers 
     of lanes on roads, and seasonal changes in and other factors 
     relating to the weather;
       (3) modifies the Capital Asset Realignment for Enhanced 
     Services initiative national planning process to permit 
     veterans to testify at hearings of the Capital Asset 
     Realignment for Enhanced Services Commission and reconvenes 
     the Commission for further hearings on the initiative in 
     regions where the Commission has held hearings without 
     permitting veterans to testify;
       (4) modifies the Capital Asset Realignment for Enhanced 
     Services initiative national planning process to hold at 
     least one hearing regarding the realignment of services under 
     the initiative within 30 miles of each Department of Veterans 
     Affairs facility that would

[[Page 28918]]

     experience a realignment of services under the national plan 
     for the initiative; and
       (5) submits to Congress a report on the Capital Asset 
     Realignment for Enhanced Services initiative national 
     planning process that sets forth the results of the 
     modifications under paragraphs (1), (2), (3), and (4).
       (b) Availability of CARES Initiative Funds for Enhanced 
     Services.--Notwithstanding any other provision of law, 
     neither subsection (a) nor any other provision of law shall 
     be construed to limit the obligation or expenditure of funds 
     under the Capital Asset Realignment for Enhanced Services 
     initiative for the provision of enhanced services as long as 
     the provision of such services does not involve the closure 
     of a Department health care facility or a reduction in 
     services as such a facility.
                                 ______
                                 
  SA 2153. Mr. GRAHAM of Florida (for himself and Mr. Nelson of 
Florida) submitted an amendment intended to be proposed to amendment SA 
2150 proposed by Mr. Bond (for himself and Ms. Mikulski) to the bill 
H.R. 2861, making appropriations for the Departments of Veterans 
Affairs and Housing and Urban Development, and for sundry independent 
agencies, boards, commissions, corporations, and offices for the fiscal 
year ending September 30, 2004, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of title I, add the following:
       Sec. 116. Of the amount appropriated or otherwise made 
     available by this title under the heading ``construction, 
     major projects'', $300,000 shall be available for advance 
     planning for national cemeteries in the areas as follows:
       (1) The Jacksonville, Florida, area.
       (2) The Sarasota, Florida, area.
                                 ______
                                 
  SA 2154. Mr. JEFFORDS submitted an amendment intended to be proposed 
to amendment SA 2150 proposed by Mr. Bond (for himself and Ms. 
Mikulski) to the bill H.R. 2861, making appropriations for the 
Departments of Veterans Affairs and Housing and Urban Development, and 
for sundry independent agencies, boards, commissions, corporations, and 
offices for the fiscal year ending September 30, 2004, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, add the following:

     SEC. __. NATIONAL ACADEMY OF SCIENCES STUDY.

       The matter under the heading ``ADMINISTRATIVE PROVISIONS'' 
     under the heading ``ENVIRONMENTAL PROTECTION AGENCY'' in 
     title III of division K of section 2 of the Consolidated 
     Appropriations Resolution, 2003 (117 Stat. 513), is amended--
       (1) in the first sentence of the fifth undesignated 
     paragraph (beginning ``As soon as''), by inserting before the 
     period at the end the following: ``, and the impact of the 
     final rule entitled `Prevention of Significant Deterioration 
     (PSD) and Nonattainment New Source Review (NSR): Equipment 
     Replacement Provision of the Routine Maintenance, Repair and 
     Replacement Exclusion', amending parts 51 and 52 of title 40, 
     Code of Federal Regulations, and published in electronic 
     docket OAR-2002-0068 on August 27, 2003''; and
       (2) in the sixth undesignated paragraph (beginning ``The 
     National Academy of Sciences''), by striking ``March 3, 
     2004'' and inserting ``September 1, 2004''.
                                 ______
                                 
  SA 2155. Mr. DAYTON submitted an amendment intended to be proposed to 
amendment SA 2150 proposed by Mr. Bond (for himself and Ms. Mikulski) 
to the bill H.R. 2861, making appropriations for the Departments of 
Veterans Affairs and Housing and Urban Development, and for sundry 
independent agencies, boards, commissions, corporations, and offices 
for the fiscal year ending September 30, 2004, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 125, between lines 7 and 8, insert the following:
       Sec. 418. There are appropriated $1,100,000 to the 
     Secretary of Housing and Urban Development for the purposes 
     of making the grant authorized under section 3 of the Paul 
     and Sheila Wellstone Center for Community Building Act.
                                 ______
                                 
  SA 2156. Mr. CRAIG (for Mr. Bond (for himself, Mr. McConnell, Mr. 
Talent, Mr. Chambliss, Mr. Miller, and Mr. Craig)) proposed an 
amendment to amendment SA 2150 proposed by Mr. Bond (for himself and 
Ms. Mikulski) to the bill H.R. 2861, making appropriations for the 
Departments of Veterans Affairs and Housing and Urban Development, and 
for sundry independent agencies, boards, commissions, corporations, and 
offices for the fiscal year ending September 30, 2004, and for the 
purposes; as follows:

       Page 106, strike lines 16 to 20 and insert in lieu thereof 
     the following:
       Section 209(e)(1) of the Clean Air Act (42 U.S.C. 
     7543(e)(1)) is amended by--
       (a) striking the words ``either of''; and
       (b) in paragraph (A), adding before the period at the end 
     the following: ``, and any new spark-ignition engines smaller 
     than 50 horsepower''.
       Not later than December 1, 2004, the Administrator of the 
     Environmental Protection Agency shall propose regulations 
     containing new standards applicable to emissions from new 
     nonroad spark-ignition engines smaller than 50 horsepower.
                                 ______
                                 
  SA 2157. Mr. SANTORUM submitted an amendment intended to be proposed 
to amendment SA 2150 proposed by Mr. Bond (for himself and Ms. 
Mikulski) to the bill H.R. 2861, making appropriations for the 
Departments of Veterans Affairs and Housing and Urban Development, and 
for sundry independent agencies, boards, commissions, corporations, and 
offices for the fiscal year ending September 30, 2004, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 89, line 14, strike ``$452,575,000'' and insert 
     ``$545,575,000''.

       On page 89, line 16, strike ``$330,000,000'' and insert 
     ``$423,000,000''.

       On page 92, line 22, strike the period and insert ``: 
     Provided further, That each amount under each heading (other 
     than this heading) in this Act shall be reduced on a pro rata 
     basis by $93,000,000.''.
                                 ______
                                 
  SA 2158. Mr. CRAIG (for himself, Mr. Harkin, Mr. Cochran, Mr. Conrad, 
Mr. Chambliss, Mr. Coleman, Mr. Crapo, Mr. Lugar, Mr. Breaux, Mr. 
Roberts, Mr. Fitzgerald, and Mr. Pryor) proposed an amendment to 
amendment SA 2150 proposed by Mr. Bond (for himself and Ms. Mikulski) 
to the bill H.R. 2861, making appropriations for the Departments of 
Veterans Affairs and Housing and Urban Development, and for sundry 
independent agencies, boards, commissions, corporations, and offices 
for the fiscal year ending September 30, 2004, and for other purposes; 
as follows:

       Beginning on page 105, strike line 3 and all that follows 
     through page 105, line 25, and insert the following:

     SEC. __. PESTICIDE REGISTRATION.

       (a) Short Title.--This section may be cited as the 
     ``Pesticide Registration Improvement Act of 2003''.
       (b) Registration Requirements for Antimicrobial 
     Pesticides.--Section 3(h) of the Federal Insecticide, 
     Fungicide, and Rodenticide Act (7 U.S.C. 136a(h)) is 
     amended--
       (1) in paragraph (2)(F), by striking ``90 to 180 days'' and 
     inserting ``120 days''; and
       (2) in paragraph (3)--
       (A) in subparagraph (D)(vi), by striking ``240 days'' and 
     inserting ``120 days''; and
       (B) in subparagraph (F), by adding at the end the 
     following:
       ``(iv) Limitation.--Notwithstanding clause (ii), the 
     failure of the Administrator to notify an applicant for an 
     amendment to a registration for an antimicrobial pesticide 
     shall not be judicially reviewable in a Federal or State 
     court if the amendment requires scientific review of data 
     within--

       ``(I) the time period specified in subparagraph (D)(vi), in 
     the absence of a final regulation under subparagraph (B); or
       ``(II) the time period specified in paragraph (2)(F), if 
     adopted in a final regulation under subparagraph (B).''.

       (c) Maintenance Fees.--
       (1) Amounts for registrants.--Section 4(i)(5) of the 
     Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 
     136a-1(i)(5)) is amended--
       (A) in subparagraph (A)--
       (i) by striking ``(A) Subject'' and inserting the 
     following:
       ``(A) In general.--Subject''; and
       (ii) by striking ``of--'' and all that follows through 
     ``additional registration'' and inserting ``for each 
     registration'';
       (B) in subparagraph (D)--
       (i) by striking ``(D) The'' and inserting the following:
       ``(D) Maximum amount of fees for registrants.--The'';
       (ii) in clause (i), by striking ``shall be $55,000; and'' 
     and inserting ``shall be--
       ``(I) for fiscal year 2004, $84,000;
       ``(II) for each of fiscal years 2005 and 2006, $87,000;
       ``(III) for fiscal year 2007, $68,000; and
       ``(IV) for fiscal year 2008, $55,000; and''; and
       (iii) in clause (ii), by striking ``shall be $95,000.'' and 
     inserting ``shall be--
       ``(I) for fiscal year 2004, $145,000;
       ``(II) for each of fiscal years 2005 and 2006, $151,000;
       ``(III) for fiscal year 2007, $117,000; and
       ``(IV) for fiscal year 2008, $95,000.''; and
       (C) in subparagraph (E)--
       (i) by striking ``(E)(i) For'' and inserting the following:
       ``(E) Maximum amount of fees for small businesses.--
       ``(i) In general.--For'';

[[Page 28919]]

       (ii) by indenting the margins of subclauses (I) and (II) of 
     clause (i) appropriately; and
       (iii) in clause (i)--

       (I) subclause (I), by striking ``shall be $38,500; and'' 
     and inserting ``shall be--

       ``(aa) for fiscal year 2004, $59,000;
       ``(bb) for each of fiscal years 2005 and 2006, $61,000;
       ``(cc) for fiscal year 2007, $48,000; and
       ``(dd) for fiscal year 2008, $38,500; and''; and

       (II) in subclause (II), by striking ``shall be $66,500.'' 
     and inserting ``shall be--

       ``(aa) for fiscal year 2004, $102,000;
       ``(bb) for each of fiscal years 2005 and 2006, $106,000;
       ``(cc) for fiscal year 2007, $82,000; and
       ``(dd) for fiscal year 2008, $66,500.''.
       (2) Total amount of fees.--Section 4(i)(5)(C) of the 
     Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 
     136(a)-1(i)(5)(C)) is amended--
       (A) by striking ``(C)(i) The'' and inserting the following:
       ``(C) Total amount of fees.--The''; and
       (B) by striking ``aggregate amount'' and all that follows 
     through clause (ii) and inserting ``aggregate amount of--
       ``(i) for fiscal year 2004, $26,000,000;
       ``(ii) for fiscal year 2005, $27,000,000;
       ``(iii) for fiscal year 2006, $27,000,000;
       ``(iv) for fiscal year 2007, $21,000,000; and
       ``(v) for fiscal year 2008, $15,000,000.''.
         (3) Definition of small business.--Section 4(i)(5)(E)(ii) 
           of the Federal Insecticide, Fungicide, and Rodenticide 
           Act (7 U.S.C. 136a-1(i)(5)(E)(ii)) is amended--
       (A) by redesignating subclauses (I) and (II) as items (aa) 
     and (bb), respectively, and indenting the margins 
     appropriately;
       (B) by striking ``(ii) For purposes of'' and inserting the 
     following:
       ``(ii) Definition of small business.--

       ``(I) In general.--In'';

       (C) in item (aa) (as so redesignated), by striking ``150'' 
     and inserting ``500'';
       (D) in item (bb) (as so redesignated), by striking ``gross 
     revenue from chemicals that did not exceed $40,000,000.'' and 
     inserting ``global gross revenue from pesticides that did not 
     exceed $60,000,000.''; and
       (E) by adding at the end the following:

       ``(II) Affiliates.--

       ``(aa) In general.--In the case of a business entity with 1 
     or more affiliates, the gross revenue limit under subclause 
     (I)(bb) shall apply to the gross revenue for the entity and 
     all of the affiliates of the entity, including parents and 
     subsidiaries, if applicable.
       ``(bb) Affiliated persons.--For the purpose of item (aa), 
     persons are affiliates of each other if, directly or 
     indirectly, either person controls or has the power to 
     control the other person, or a third person controls or has 
     the power to control both persons.
       ``(cc) Indicia of control.--For the purpose of item (aa), 
     indicia of control include interlocking management or 
     ownership, identity of interests among family members, shared 
     facilities and equipment, and common use of employees.''.
       (4) Extension of authority for collecting maintenance 
     fees.--Section 4(i)(5)(H) of the Federal Insecticide, 
     Fungicide, and Rodenticide Act (7 U.S.C. 136a-1(i)(5)(H)) is 
     amended by striking ``2003'' and inserting ``2008''.
       (5) Reregistration and other activities.--Section 4(g)(2) 
     of the Federal Insecticide, Fungicide and Rodenticide Act (7 
     U.S.C. 136a-1(g)(2)) is amended--
       (A) by striking subparagraph (A) and inserting the 
     following:
       ``(A) In general.--The Administrator shall make a 
     determination as to eligibility for reregistration--
       ``(i) for all active ingredients subject to reregistration 
     under this section for which tolerances or exemptions from 
     tolerances are required under the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 301 et seq.), not later than the last 
     date for tolerance reassessment established under section 
     408(q)(1)(C) of that Act (21 U.S.C. 346a(q)(1)(C)); and
       ``(ii) for all other active ingredients subject to 
     reregistration under this section, not later than October 3, 
     2008.'';
       (B) in subparagraph (B)--
       (i) by striking ``(B) Before'' and inserting the following:
       ``(B) Product-specific data.--
       ``(i) In general.--Before'';
       (ii) by striking ``The Administrator'' and inserting the 
     following:
       ``(ii) Timing.--

       ``(I) In general.--Subject to subclause (II), the 
     Administrator''; and

       (iii) by adding at the end the following:

       ``(II) Extraordinary circumstances.--In the case of 
     extraordinary circumstances, the Administrator may provide 
     such a longer period, of not more than 2 additional years, 
     for submission of data to the Administrator under this 
     subparagraph.''; and

       (C) in subparagraph (D)--
       (i) by striking ``(D) If'' and inserting the following:
       ``(D) Determination to not reregister.--
       ``(i) In general.--If''; and
       (ii) by adding at the end the following:
       ``(ii) Timing for regulatory action.--Regulatory action 
     under clause (i) shall be completed as expeditiously as 
     possible.''.
       (d) Other Fees.--
       (1) In general.--Section 4(i)(6) of the Federal 
     Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a-
     1(i)(6)) is amended--
       (A) by striking ``During'' and inserting ``Except as 
     provided in section 33, during''; and
       (B) by striking ``2003'' and inserting ``2010''.
       (2) Tolerance fees.--Notwithstanding section 408(m)(1) of 
     the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 
     346a(m)(1)), during the period beginning on October 1, 2003, 
     and ending on September 30, 2008, the Administrator of the 
     Environmental Protection Agency shall not collect any 
     tolerance fees under that section.
       (e) Expedited Processing of Similar Applications.--Section 
     4(k)(3) of the Federal Insecticide, Fungicide, and 
     Rodenticide Act (7 U.S.C. 136a-1(k)(3)) is amended--
       (1) in the paragraph heading, by striking ``Expedited'' and 
     inserting ``Review of inert ingredients; expedited''; and
       (2) in subparagraph (A)--
       (A) by striking ``1997'' and all that follows through ``of 
     the maintenance fees'' and inserting ``2004 through 2006, 
     approximately $3,300,000, and for each of fiscal years 2007 
     and 2008, between \1/8\ and \1/7\, of the maintenance fees'';
       (B) by redesignating clauses (i), (ii), and (iii) as 
     subclauses (I), (II) and (III), respectively, and indenting 
     appropriately; and
       (C) by striking ``resources to assure the expedited 
     processing and review of any application that'' and inserting 
     ``resources--
       ``(i) to review and evaluate new inert ingredients; and
       ``(ii) to ensure the expedited processing and review of any 
     application
     that--''.
       (f) Pesticide Registration Service Fees.--The Federal 
     Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a et 
     seq.) is amended--
       (1) by redesignating sections 33 and 34 (7 U.S.C. 136x, 
     136y) as sections 34 and 35, respectively; and
       (2) by inserting after section 32 (7 U.S.C. 136w-7) the 
     following:

     ``SEC. 33. PESTICIDE REGISTRATION SERVICE FEES.

       ``(a) Definition of Costs.--In this section, the term 
     `costs', when used with respect to review and decisionmaking 
     pertaining to an application for which registration service 
     fees are paid under this section, means--
       ``(1) costs to the extent that--
       ``(A) officers and employees provide direct support for the 
     review and decisionmaking for covered pesticide applications, 
     associated tolerances, and corresponding risk and benefits 
     information and analyses;
       ``(B) persons and organizations under contract with the 
     Administrator engage in the review of the applications, and 
     corresponding risk and benefits information and assessments; 
     and
       ``(C) advisory committees and other accredited persons or 
     organizations, on the request of the Administrator, engage in 
     the peer review of risk or benefits information associated 
     with covered pesticide applications;
       ``(2) costs of management of information, and the 
     acquisition, maintenance, and repair of computer and 
     telecommunication resources (including software), used to 
     support review of pesticide applications, associated 
     tolerances, and corresponding risk and benefits information 
     and analyses; and
       ``(3) costs of collecting registration service fees under 
     subsections (b) and (c) and reporting, auditing, and 
     accounting under this section.
       ``(b) Fees.--
       ``(1) In general.--Effective beginning on the effective 
     date of the Pesticide Registration Improvement Act of 2003, 
     the Administrator shall assess and collect covered pesticide 
     registration service fees in accordance with this section.
       ``(2) Covered pesticide registration applications.--
       ``(A) In general.--An application for the registration of a 
     pesticide covered by this Act that is received by the 
     Administrator on or after the effective date of the Pesticide 
     Registration Improvement Act of 2003 shall be subject to a 
     registration service fee under this section.
       ``(B) Existing applications.--
       ``(i) In general.--Subject to clause (ii), an application 
     for the registration of a pesticide that was submitted to the 
     Administrator before the effective date of the Pesticide 
     Registration Improvement Act of 2003 and is pending on that 
     effective date shall be subject to a service fee under this 
     section if the application is for the registration of a new 
     active ingredient that is not listed in the Registration 
     Division 2003 Work Plan of the Office of Pesticide Programs 
     of the Environmental Protection Agency.
       ``(ii) Tolerance or exemption fees.--The amount of any fee 
     otherwise payable for an application described in clause (i) 
     under this section shall be reduced by the amount of any fees 
     paid to support the related petition for a pesticide 
     tolerance or exemption under the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 301 et seq.).
       ``(C) Documentation.--An application subject to a 
     registration service fee under this section shall be 
     submitted with documentation certifying--
       ``(i) payment of the registration service fee; or
       ``(ii) a request for a waiver from or reduction of the 
     registration service fee.

[[Page 28920]]

       ``(3) Schedule of covered applications and registration 
     service fees.--
       ``(A) In general.--Not later than 30 days after the 
     effective date of the Pesticide Registration Improvement Act 
     of 2003, the Administrator shall publish in the Federal 
     Register a schedule of covered pesticide registration 
     applications and corresponding registration service fees.
       ``(B) Report.--Subject to paragraph (6), the schedule shall 
     be the same as the applicable schedule appearing in the 
     Congressional Record on pages S11631 through S11633, dated 
     September 17, 2003.
       ``(4) Pending pesticide registration applications.--
       ``(A) In general.--An applicant that submitted a 
     registration application to the Administrator before the 
     effective date of the Pesticide Registration Improvement Act 
     of 2003, but that is not required to pay a registration 
     service fee under paragraph (2)(B), may, on a voluntary 
     basis, pay a registration service fee in accordance with 
     paragraph (2)(B).
       ``(B) Voluntary fee.--The Administrator may not compel 
     payment of a registration service fee for an application 
     described in subparagraph (A).
       ``(C) Documentation.--An application for which a voluntary 
     registration service fee is paid under this paragraph shall 
     be submitted with documentation certifying--
       ``(i) payment of the registration service fee; or
       ``(ii) a request for a waiver from or reduction of the 
     registration service fee.
       ``(5) Resubmission of pesticide registration 
     applications.--If a pesticide registration application is 
     submitted by a person that paid the fee for the application 
     under paragraph (2), is determined by the Administrator to be 
     complete, and is not approved or is withdrawn (without a 
     waiver or refund), the submission of the same pesticide 
     registration application by the same person (or a licensee, 
     assignee, or successor of the person) shall not be subject to 
     a fee under paragraph (2).
       ``(6) Fee adjustment.--Effective for a covered pesticide 
     registration application received on or after October 1, 
     2005, the Administrator shall--
       ``(A) increase by 5 percent the service fee payable for the 
     application under paragraph (3); and
       ``(B) publish in the Federal Register the revised 
     registration service fee schedule.
       ``(7) Waivers and reductions.--
       ``(A) In general.--An applicant for a covered pesticide 
     registration may request the Administrator to waive or reduce 
     the amount of a registration service fee payable under this 
     section under the circumstances described in subparagraphs 
     (D) through (G).
       ``(B) Documentation.--
       ``(i) In general.--A request for a waiver from or reduction 
     of the registration service fee shall be accompanied by 
     appropriate documentation demonstrating the basis for the 
     waiver or reduction.
       ``(ii) Certification.--The applicant shall provide to the 
     Administrator a written certification, signed by a 
     responsible officer, that the documentation submitted to 
     support the waiver or reduction request is accurate.
       ``(iii) Inaccurate documentation.--An application shall be 
     subject to the applicable registration service fee payable 
     under paragraph (3) if, at any time, the Administrator 
     determines that--

       ``(I) the documentation supporting the waiver or reduction 
     request is not accurate; or
       ``(II) based on the documentation or any other information, 
     the waiver or reduction should not have been granted or 
     should not be granted.

       ``(C) Determination to grant or deny request.--As soon as 
     practicable, but not later than 60 days, after the date on 
     which the Administrator receives a request for a waiver or 
     reduction of a registration service fee under this paragraph, 
     the Administrator shall--
       ``(i) determine whether to grant or deny the request; and
       ``(ii) notify the applicant of the determination.
       ``(D) Minor uses.--
       ``(i) In general.--The Administrator may waive or reduce a 
     registration service fee for an application for minor uses 
     for a pesticide.
       ``(ii) Supporting documentation.--An applicant requesting a 
     waiver under this subparagraph shall provide supporting 
     documentation that demonstrates, to the satisfaction of the 
     Administrator, that anticipated revenues from the uses that 
     are the subject of the application would be insufficient to 
     justify imposition of the full application fee.
       ``(E) IR-4 waiver.--The Administrator shall waive the 
     registration service fee for an application if the 
     Administrator determines that--
       ``(i) the application is solely associated with a tolerance 
     petition submitted in connection with the Inter-Regional 
     Project Number 4 (IR-4) as described in section 2 of Public 
     Law 89-106 (7 U.S.C. 450i(e)); and
       ``(ii) the waiver is in the public interest.
       ``(F) Small businesses.--
       ``(i) In general.--The Administrator shall waive 50 percent 
     of the registration service fees payable by an entity for a 
     covered pesticide registration application under this section 
     if the entity is a small business (as defined in section 
     4(i)(5)(E)(ii)) at the time of application.
       ``(ii) Waiver of fees.--The Administrator shall waive all 
     of the registration service fees payable by an entity under 
     this section if the entity--

       ``(I) is a small business (as defined in section 
     4(i)(5)(E)(ii)) at the time of application; and
       ``(II) has average annual global gross revenues described 
     in section 4(i)(5)(E)(ii)(I)(bb) that does not exceed 
     $10,000,000, at the time of application.

       ``(iii) Formation for waiver.--The Administrator shall not 
     grant a waiver under this subparagraph if the Administrator 
     determines that the entity submitting the application has 
     been formed or manipulated primarily for the purpose of 
     qualifying for the waiver.
       ``(iv) Documentation.--An entity requesting a waiver under 
     this subparagraph shall provide to the Administrator--

       ``(I) documentation demonstrating that the entity is a 
     small business (as defined in section 4(i)(5)(E)(ii)) at the 
     time of application; and
       ``(II) if the entity is requesting a waiver of all 
     registration service fees payable under this section, 
     documentation demonstrating that the entity has an average 
     annual global gross revenues described in section 
     4(i)(5)(E)(ii)(I)(bb) that does not exceed $10,000,000, at 
     the time of application.

       ``(G) Federal and state agency exemptions.--An agency of 
     the Federal Government or a State government shall be exempt 
     from covered registration service fees under this section.
       ``(8) Refunds.--
       ``(A) Early withdrawals.--If, during the first 60 days 
     after the beginning of the applicable decision time review 
     period under subsection (f)(3), a covered pesticide 
     registration application is withdrawn by the applicant, the 
     Administrator shall refund all but 10 percent of the total 
     registration service fee payable under paragraph (3) for the 
     application.
       ``(B) Withdrawals after the first 60 days of decision 
     review time period.--
       ``(i) In general.--If a covered pesticide registration 
     application is withdrawn after the first 60 days of the 
     applicable decision time review period, the Administrator 
     shall determine what portion, if any, of the total 
     registration service fee payable under paragraph (3) for the 
     application may be refunded based on the proportion of the 
     work completed at the time of withdrawal.
       ``(ii) Timing.--The Administrator shall--

       ``(I) make the determination described in clause (i) not 
     later than 90 days after the date the application is 
     withdrawn; and
       ``(II) provide any refund as soon as practicable after the 
     determination.

       ``(C) Discretionary refunds.--
       ``(i) In general.--In the case of a pesticide registration 
     application that has been filed with the Administrator and 
     has not been withdrawn by the applicant, but for which the 
     Administrator has not yet made a final determination, the 
     Administrator may refund a portion of a covered registration 
     service fee if the Administrator determines that the refund 
     is justified.
       ``(ii) Basis.--The Administrator may provide a refund for 
     an application under this subparagraph--

       ``(I) on the basis that, in reviewing the application, the 
     Administrator has considered data submitted in support of 
     another pesticide registration application; or
       ``(II) on the basis that the Administrator completed 
     portions of the review of the application before the 
     effective date of this section.

       ``(D) Credited fees.--In determining whether to grant a 
     refund under this paragraph, the Administrator shall take 
     into account any portion of the registration service fees 
     credited under paragraph (2) or (4).
       ``(c) Pesticide Registration Fund.--
       ``(1) Establishment.--There is established in the Treasury 
     of the United States a Pesticide Registration Fund to be used 
     in carrying out this section (referred to in this section as 
     the `Fund'), consisting of--
       ``(A) such amounts as are deposited in the Fund under 
     paragraph (2);
       ``(B) any interest earned on investment of amounts in the 
     Fund under paragraph (4); and
       ``(C) any proceeds from the sale or redemption of 
     investments held in the Fund.
       ``(2) Deposits in fund.--Subject to paragraph (4), the 
     Administrator shall deposit fees collected under this section 
     in the Fund.
       ``(3) Expenditures from fund.--
       ``(A) In general.--Subject to subparagraphs (B) and (C) and 
     paragraph (4), the Administrator may make expenditures from 
     the Fund--
       ``(i) to cover the costs associated with the review and 
     decisionmaking pertaining to all applications for which 
     registration service fees have been paid under this section; 
     and
       ``(ii) to otherwise carry out this section.
       ``(B) Worker protection.--For each of fiscal years 2004 
     through 2008, the Administrator shall use approximately \1/
     17\ of the amount in the Fund (but not more than $1,000,000, 
     and not less than $750,000, for any fiscal year) to enhance 
     current scientific and regulatory activities related to 
     worker protection.

[[Page 28921]]

       ``(C) New inert ingredients.--For each of fiscal years 2004 
     and 2005, the Administrator shall use approximately \1/34\ of 
     the amount in the Fund (but not to exceed $500,000 for any 
     fiscal year) for the review and evaluation of new inert 
     ingredients.
       ``(4) Collections and appropriations acts.--The fees 
     authorized by this section and amounts deposited in the 
     Fund--
       ``(A) shall be collected and made available for obligation 
     only to the extent provided in advance in appropriations 
     Acts; and
       ``(B) shall be available without fiscal year limitation.
       ``(5) Unused funds.--Amounts in the Fund not currently 
     needed to carry out this section shall be--
       ``(A) maintained readily available or on deposit;
       ``(B) invested in obligations of the United States or 
     guaranteed by the United States; or
       ``(C) invested in obligations, participations, or other 
     instruments that are lawful investments for fiduciary, trust, 
     or public funds.
       ``(d) Assessment of Fees.--
       ``(1) Definition of covered functions.--In this subsection, 
     the term `covered functions' means functions of the Office of 
     Pesticide Programs of the Environmental Protection Agency, as 
     identified in key programs and projects of the final 
     operating plan for the Environmental Protection Agency 
     submitted as part of the budget process for fiscal year 2002, 
     regardless of any subsequent transfer of 1 or more of the 
     functions to another office or agency or the subsequent 
     transfer of a new function to the Office of Pesticide 
     Programs.
       ``(2) Minimum amount of appropriations.--Registration 
     service fees may not be assessed for a fiscal year under this 
     section unless the amount of appropriations for salaries, 
     contracts, and expenses for the functions (as in existence in 
     fiscal year 2002) of the Office of Pesticide Programs of the 
     Environmental Protection Agency for the fiscal year 
     (excluding the amount of any fees appropriated for the fiscal 
     year) are equal to or greater than the amount of 
     appropriations for covered functions for fiscal year 2002 
     (excluding the amount of any fees appropriated for the fiscal 
     year).
       ``(3) Use of fees.--Registration service fees authorized by 
     this section shall be available, in the aggregate, only to 
     defray increases in the costs associated with the review and 
     decisionmaking for the review of pesticide registration 
     applications and associated tolerances (including increases 
     in the number of full-time equivalent positions in the 
     Environmental Protection Agency engaged in those activities) 
     over the costs for fiscal year 2002, excluding costs paid 
     from fees appropriated for the fiscal year.
       ``(4) Compliance.--The requirements of paragraph (2) shall 
     have been considered to have been met for any fiscal year if 
     the amount of appropriations for salaries, contracts, and 
     expenses for the functions (as in existence in fiscal year 
     2002) of the Office of Pesticide Programs of the 
     Environmental Protection Agency for the fiscal year 
     (excluding the amount of any fees appropriated for the fiscal 
     year) is not more than 3 percent below the amount of 
     appropriations for covered functions for fiscal year 2002 
     (excluding the amount of any fees appropriated for the fiscal 
     year).
       ``(5) Subsequent authority.--If the Administrator does not 
     assess registration service fees under subsection (b) during 
     any portion of a fiscal year as the result of paragraph (2) 
     and is subsequently permitted to assess the fees under 
     subsection (b) during the fiscal year, the Administrator 
     shall assess and collect the fees, without any modification 
     in rate, at any time during the fiscal year, notwithstanding 
     any provisions of subsection (b) relating to the date fees 
     are to be paid.
       ``(e) Reforms to Reduce Decision Time Review Periods.--To 
     the maximum extent practicable consistent with the degrees of 
     risk presented by pesticides and the type of review 
     appropriate to evaluate risks, the Administrator shall 
     identify and evaluate reforms to the pesticide registration 
     process under this Act with the goal of reducing decision 
     review periods in effect on the effective date of the 
     Pesticide Registration Improvement Act of 2003 for pesticide 
     registration actions for covered pesticide registration 
     applications (including reduced risk applications).
       ``(f) Decision Time Review Periods.--
       ``(1) In general.--Not later than 30 days after the 
     effective date of the Pesticide Registration Improvement Act 
     of 2003, the Administrator shall publish in the Federal 
     Register a schedule of decision review periods for covered 
     pesticide registration actions and corresponding registration 
     service fees under this Act.
       ``(2) Report.--The schedule shall be the same as the 
     applicable schedule appearing in the Congressional Record on 
     pages S11631 through S11633, dated September 17, 2003.
       ``(3) Applications subject to decision time review 
     periods.--The decision time review periods specified in 
     paragraph (1) shall apply to--
       ``(A) covered pesticide registration applications subject 
     to registration service fees under subsection (b)(2);
       ``(B) covered pesticide registration applications for which 
     an applicant has voluntarily paid registration service fees 
     under subsection (b)(4); and
       ``(C) covered pesticide registration applications listed in 
     the Registration Division 2003 Work Plan of the Office of 
     Pesticide Programs of the Environmental Protection Agency.
       ``(4) Start of decision time review period.--
       ``(A) In general.--Except as provided in subparagraphs (C), 
     (D), and (E), in the case of a pesticide registration 
     application accompanied by the registration service fee 
     required under this section, the decision time review period 
     begins 21 days after the date on which the Administrator 
     receives the covered pesticide registration application.
       ``(B) Completeness of application.--In conducting an 
     initial screening of an application, the Administrator shall 
     determine--
       ``(i) whether--

       ``(I) the applicable registration service fee has been 
     paid; or
       ``(II) the application contains a waiver or refund request; 
     and

       ``(ii) whether the application--

       ``(I) contains all necessary forms, data, draft labeling, 
     and, documentation certifying payment of any registration 
     service fee required under this section; or
       ``(II) establishes a basis for any requested waiver or 
     reduction.

       ``(C) Applications with waiver or reduction requests.--
       ``(i) In general.--In the case of an application submitted 
     with a request for a waiver or reduction of registration 
     service fees under subsection (b)(7), the decision time 
     review period shall be determined in accordance with this 
     subparagraph.
       ``(ii) Request granted with no additional fees required.--
     If the Administrator grants the waiver or reduction request 
     and no additional fee is required, the decision time review 
     period begins on the earlier of--

       ``(I) the date on which the Administrator grants the 
     request; or
       ``(II) the date that is 60 days after the date of receipt 
     of the application.

       ``(iii) Request granted with additional fees required.--If 
     the Administrator grants the waiver or reduction request, in 
     whole or in part, but an additional registration service fee 
     is required, the decision time review period begins on the 
     date on which the Administrator receives certification of 
     payment of the applicable registration service fee.
       ``(iv) Request denied.--If the Administrator denies the 
     waiver or reduction request, the decision time review period 
     begins on the date on which the Administrator receives 
     certification of payment of the applicable registration 
     service fee.
       ``(D) Pending applications.--
       ``(i) In general.--The start of the decision time review 
     period for applications described in clause (ii) shall be the 
     date on which the Administrator receives certification of 
     payment of the applicable registration service fee.
       ``(ii) Applications.--Clause (i) applies to--

       ``(I) covered pesticide registration applications for which 
     voluntary fees have been paid under subsection (b)(4); and
       ``(II) covered pesticide registration applications received 
     on or after the effective date of the Pesticide Registration 
     Improvement Act of 2003 but submitted without the applicable 
     registration service fee required under this section due to 
     the inability of the Administrator to assess fees under 
     subsection (d)(1).

       ``(E) 2003 work plan.--In the case of a covered pesticide 
     registration application listed in the Registration Division 
     2003 Work Plan of the Office of Pesticide Programs of the 
     Environmental Protection Agency, the decision time review 
     period begins on the date that is 30 days after the effective 
     date of the Pesticide Registration Improvement Act of 2003.
       ``(5) Extension of decision time review period.--The 
     Administrator and the applicant may mutually agree in writing 
     to extend a decision time review period under this 
     subsection.
       ``(g) Judicial Review.--
       ``(1) In general.--Any applicant adversely affected by the 
     failure of the Administrator to make a determination on the 
     application of the applicant for registration of a new active 
     ingredient or new use for which a registration service fee is 
     paid under this section may obtain judicial review of the 
     failure solely under this section.
       ``(2) Scope.--
       ``(A) In general.--In an action brought under this 
     subsection, the only issue on review is whether the 
     Administrator failed to make a determination on the 
     application specified in paragraph (1) by the end of the 
     applicable decision time review period required under 
     subsection (f) for the application.
       ``(B) Other actions.--No other action authorized or 
     required under this section shall be judicially reviewable by 
     a Federal or State court.
       ``(3) Timing.--
       ``(A) In general.--A person may not obtain judicial review 
     of the failure of the Administrator to make a determination 
     on the application specified in paragraph (1) before

[[Page 28922]]

     the expiration of the 2-year period that begins on the date 
     on which the decision time review period for the application 
     ends.
       ``(B) Meeting with administrator.--To be eligible to seek 
     judicial review under this subsection, a person seeking the 
     review shall first request in writing, at least 120 days 
     before filing the complaint for judicial review, a decision 
     review meeting with the Administrator.
       ``(4) Remedies.--The Administrator may not be required or 
     permitted to refund any portion of a registration service fee 
     paid in response to a complaint that the Administrator has 
     failed to make a determination on the covered pesticide 
     registration application specified in paragraph (1) by the 
     end of the applicable decision review period.
       ``(h) Accounting.--The Administrator shall--
       ``(1) provide an annual accounting of the registration 
     service fees paid to the Administrator and disbursed from the 
     Fund, by providing financial statements in accordance with--
       ``(A) the Chief Financial Officers Act of 1990 (Public Law 
     101-576; 104 Stat. 2838) and amendments made by that Act; and
       ``(B) the Government Management Reform Act of 1994 (Public 
     Law 103-356; 108 Stat. 3410) and amendments made by that Act;
       ``(2) provide an accounting describing expenditures from 
     the Fund authorized under subsection (c); and
       ``(3) provide an annual accounting describing collections 
     and expenditures authorized under subsection (d).
       ``(i) Auditing.--
       ``(1) Financial statements of agencies.--For the purpose of 
     section 3515(c) of title 31, United States Code, the Fund 
     shall be considered a component of an executive agency.
       ``(2) Components.--The annual audit required under sections 
     3515(b) and 3521 of that title of the financial statements of 
     activities under this section shall include an analysis of--
       ``(A) the fees collected under subsection (b) and 
     disbursed;
       ``(B) compliance with subsection (f);
       ``(C) the amount appropriated to meet the requirements of 
     subsection (d)(1); and
       ``(D) the reasonableness of the allocation of the overhead 
     allocation of costs associated with the review and 
     decisionmaking pertaining to applications under this section.
       ``(3) Inspector general.--The Inspector General of the 
     Environmental Protection Agency shall--
       ``(A) conduct the annual audit required under this 
     subsection; and
       ``(B) report the findings and recommendations of the audit 
     to the Administrator and to the appropriate committees of 
     Congress.
       ``(j) Personnel Levels.--All full-time equivalent positions 
     supported by fees authorized and collected under this section 
     shall not be counted against the agency-wide personnel level 
     goals of the Environmental Protection Agency.
       ``(k) Reports.--
       ``(1) In general.--Not later than March 1, 2005, and each 
     March 1 thereafter through March 1, 2009, the Administrator 
     shall publish an annual report describing actions taken under 
     this section.
       ``(2) Contents.--The report shall include--
       ``(A) a review of the progress made in carrying out each 
     requirement of subsections (e) and (f), including--
       ``(i) the number of applications reviewed, including the 
     decision times for each application specified in subsection 
     (f);
       ``(ii) the number of actions pending in each category of 
     actions described in subsection (f)(3), as well as the number 
     of inert ingredients;
       ``(iii) to the extent determined appropriate by the 
     Administrator and consistent with the authorities of the 
     Administrator and limitations on delegation of functions by 
     the Administrator, recommendations for--

       ``(I) expanding the use of self-certification in all 
     appropriate areas of the registration process;
       ``(II) providing for accreditation of outside reviewers and 
     the use of outside reviewers to conduct the review of major 
     portions of applications; and
       ``(III) reviewing the scope of use of the notification 
     process to cover broader categories of registration actions; 
     and

       ``(iv) the use of performance-based contracts, other 
     contracts, and procurement to ensure that--

       ``(I) the goals of this Act for the timely review of 
     applications for registration are met; and
       ``(II) the registration program is administered in the most 
     productive and cost effective manner practicable;

       ``(B) a description of the staffing and resources relating 
     to the costs associated with the review and decisionmaking 
     pertaining to applications; and
       ``(C) a review of the progress in meeting the timeline 
     requirements of section 4(g).
       ``(3) Method.--The Administrator shall publish a report 
     required by this subsection by such method as the 
     Administrator determines to be the most effective for 
     efficiently disseminating the report, including publication 
     of the report on the Internet site of the Environmental 
     Protection Agency.
       ``(l) Savings Clause.--Nothing in this section affects any 
     other duties, obligations, or authorities established by any 
     other section of this Act, including the right to judicial 
     review of duties, obligations, or authorities established by 
     any other section of this Act.
       ``(m) Termination of Effectiveness.--
       ``(1) In general.--Except as provided in paragraph (2), the 
     authority provided by this section terminates on September 
     30, 2008.
       ``(2) Phase out.--
       ``(A) Fiscal year 2009.--During fiscal year 2009, the 
     requirement to pay and collect registration service fees 
     applies, except that the level of registration service fees 
     payable under this section shall be reduced 40 percent below 
     the level in effect on September 30, 2008.
       ``(B) Fiscal year 2010.--During fiscal year 2010, the 
     requirement to pay and collect registration service fees 
     applies, except that the level of registration service fees 
     payable under this section shall be reduced 70 percent below 
     the level in effect on September 30, 2008.
       ``(C) September 30, 2010.--Effective September 30, 2010, 
     the requirement to pay and collect registration service fees 
     terminates.
       ``(D) Decision review periods.--
       ``(i) Pending applications.--In the case of an application 
     received under this section before September 30, 2008, the 
     application shall be reviewed in accordance with subsection 
     (f).
       ``(ii) New applications.--In the case of an application 
     received under this section on or after September 30, 2008, 
     subsection (f) shall not apply to the application.''.
       (g) Conforming Amendments.--The table of contents in 
     section 1(b) of the Federal Insecticide, Fungicide, and 
     Rodenticide Act (7 U.S.C. prec. 136) is amended--
       (1) by striking the item relating to section 4(k)(3) and 
     inserting the following:

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

``Sec. 30. Minimum requirements for training of maintenance applicators 
              and service technicians.
``Sec. 31. Environmental Protection Agency minor use program.
``Sec. 32. Department of Agriculture minor use program.
     ``(a) In general.
     ``(b)(1) Minor use pesticide data.
     ``(2) Minor Use Pesticide Data Revolving Fund.
``Sec. 33. Pesticide registration service fees.
     ``(a) Definition of costs.
     ``(b) Fees.
       ``(1) In general.
       ``(2) Covered pesticide registration applications.
       ``(3) Schedule of covered applications and registration 
     service fees.
       ``(4) Pending pesticide registration applications.
       ``(5) Resubmission of pesticide registration applications.
       ``(6) Fee adjustment.
       ``(7) Waivers and reductions.
       ``(8) Refunds.
     ``(c) Pesticide Registration Fund.
       ``(1) Establishment.
       ``(2) Transfers to Fund.
       ``(3) Expenditures from Fund.
       ``(4) Collections and appropriations Acts.
       ``(5) Unused funds.
     ``(d) Assessment of fees.
       ``(1) Definition of covered functions.
       ``(2) Minimum amount of appropriations.
       ``(3) Use of fees.
       ``(4) Compliance.
       ``(5) Subsequent authority.
     ``(e) Reforms to reduce decision time review periods.
     ``(f) Decision time review periods.
       ``(1) In general.
       ``(2) Report.
       ``(3) Applications subject to decision time review periods.
       ``(4) Start of decision time review period.
       ``(5) Extension of decision time review period.
     ``(g) Judicial review.
       ``(1) In general.
       ``(2) Scope.
       ``(3) Timing.
       ``(4) Remedies.
     ``(h) Accounting.
     ``(i) Auditing.
       ``(1) Financial statements of agencies.
       ``(2) Components.
       ``(3) Inspector General.
     ``(j) Personnel levels.
     ``(k) Reports.
       ``(1) In general.
       ``(2) Contents.
     ``(l) Savings clause.
     ``(m) Termination of effectiveness.
       ``(1) In general.
       ``(2) Phase out.
``Sec. 34. Severability.
``Sec. 35. Authorization for appropriations.''.
       (h) Effective Date.--Except as otherwise provided in this 
     section and the amendments made by this section, this section 
     and the amendments made by this section take effect on the 
     date that is 60 days after the date of enactment of this Act.
                                 ______
                                 
  SA 2159. Mr. DORGAN proposed an amendment to amendment SA 2158 
proposed by Mr. Craig (for himself, Mr.

[[Page 28923]]

Harkin, Mr. Cochran, Mr. Conrad, Mr. Chambliss, Mr. Coleman, Mr. Crapo, 
Mr. Lugar, Mr. Breaux, Mr. Roberts, Mr. Fitzgerald, and Mr. Pryor) to 
the amendment SA 2150 proposed by Mr. Bond (for himself and Ms. 
Mikulski) to the bill H.R. 2861, making appropriations for the 
Departments of Veterans Affairs and Housing and Urban Development, and 
for sundry independent agencies, boards, commissions, corporations, and 
offices for the fiscal year ending September 30, 2004, and for other 
purposes; as follows:

       At the appropriate place, insert the following:
       (__) Registration of Canadian Pesticides.--
       (1) In general.--Section 3 of the Federal Insecticide, 
     Fungicide, and Rodenticide Act (7 U.S.C. 136a) is amended by 
     adding at the end the following:
       ``(i) Registration of Canadian Pesticides.--
       ``(1) Definitions.--In this subsection:
       ``(A) Canadian pesticide.--The term `Canadian pesticide' 
     means a pesticide that--
       ``(i) is registered for use as a pesticide in Canada;
       ``(ii) is identical or substantially similar in its 
     composition to a comparable domestic pesticide registered 
     under this section; and
       ``(iii) is registered in Canada by the registrant of the 
     comparable domestic pesticide or by an affiliated entity of 
     the registrant.
       ``(B) Comparable domestic pesticide.--The term `comparable 
     domestic pesticide' means a pesticide--
       ``(i) that is registered under this section;
       ``(ii) the registration of which is not under suspension;
       ``(iii) that is not subject to--

       ``(I) a notice of intent to cancel or suspend under any 
     provision of this Act;
       ``(II) a notice for voluntary cancellation under section 
     6(f); or
       ``(III) an enforcement action under any provision of this 
     Act;

       ``(iv) that is used as the basis for comparison for the 
     determinations required under paragraph (4);
       ``(v) that is registered for use on each site of 
     application for which registration is sought under this 
     subsection;
       ``(vi) for which no use is the subject of a pending interim 
     administrative review under subsection (c)(8);
       ``(vii) that is not subject to any limitation on production 
     or sale agreed to by the Administrator and the registrant or 
     imposed by the Administrator for risk mitigation purposes; 
     and
       ``(viii) that is not classified as a restricted use 
     pesticide under subsection (d).
       ``(2) Authority to register canadian pesticides.--
       ``(A) In general.--The Administrator may register a 
     Canadian pesticide if the registration--
       ``(i) complies with this subsection;
       ``(ii) is consistent with this Act; and
       ``(iii) has not previously been disapproved by the 
     Administrator.
       ``(B) Production of another pesticide.--A pesticide 
     registered under this subsection shall not be used to produce 
     a pesticide registered under this section or section 24(c).
       ``(C) Registrant.--
       ``(i) In general.--The Administrator may register a 
     Canadian pesticide under this subsection on the application 
     of any person.
       ``(ii) Application.--If the Administrator registers a 
     Canadian pesticide under this subsection on application of 
     any person, the applicant shall be considered to be the 
     registrant of the Canadian pesticide for all purposes of this 
     Act.
       ``(D) Administrator.--Not later than 60 days after a person 
     submits a complete application for the registration of a 
     Canadian pesticide under this subsection, the Administrator 
     shall--
       ``(i) approve the application; or
       ``(ii)(I) disapprove the application; and
       ``(II) provide the applicant with a statement of the 
     reasons for the disapproval.
       ``(E) Delegation.--
       ``(i) In general.--Subject to clause (ii), the 
     Administrator may delegate a function of the Administrator 
     under this subsection.
       ``(ii) Approval.--The Administrator shall approve or 
     disapprove any final action taken under this subsection as 
     the result of a function delegated to a State.
       ``(3) Applicant requirements.--A person seeking 
     registration of a Canadian pesticide under this subsection 
     shall--
       ``(A) demonstrate to the Administrator that the Canadian 
     pesticide is identical or substantially similar in its 
     composition to a comparable domestic pesticide; and
       ``(B) submit to the Administrator a copy of--
       ``(i) the label approved by the Pesticide Management 
     Regulatory Agency for the Canadian pesticide; and
       ``(ii) the label approved by the Administrator for the 
     comparable domestic pesticide.
       ``(4) Criteria for registration.--The Administrator may 
     register a Canadian pesticide under this subsection if the 
     Administrator--
       ``(A) obtains the confidential statement of formula for the 
     Canadian pesticide;
       ``(B) determines that the Canadian pesticide is identical 
     or substantially similar in composition to a comparable 
     domestic pesticide;
       ``(C) for each food or feed use authorized by the 
     registration--
       ``(i) determines that there exists an adequate tolerance or 
     exemption under the Federal Food, Drug, and Cosmetic Act (21 
     U.S.C. 301 et seq.) that permits the residues of the 
     pesticide on the food or feed; and
       ``(ii) identifies the tolerances or exemptions in the 
     notification submitted under subparagraph (E);
       ``(D) obtains a label approved by the Administrator that--
       ``(i) includes all statements, other than the establishment 
     number, from the approved labeling of the comparable domestic 
     pesticide that are relevant to the uses registered by the 
     Administrator; and
       ``(ii) excludes all labeling statements relating to uses 
     that are not registered by the Administrator; and
       ``(E) not later than 10 business days after the issuance of 
     the registration, publish in the Federal Register a written 
     notification of the action of the Administrator that 
     includes--
       ``(i) a description of the determination made under this 
     paragraph; and
       ``(ii) a statement of the effective date of the 
     registration;
       ``(5) Labeling of canadian pesticides.--
       ``(A) In general.--Each container containing a Canadian 
     pesticide registered by the Administrator shall bear the 
     label that is approved by the Administrator under this 
     subsection.
       ``(B) Display of label.--The label shall be securely 
     attached to the container and shall be the only label visible 
     on the container.
       ``(C) Original canadian label.--The original Canadian label 
     on the container shall be preserved underneath the label 
     approved by the Administrator.
       ``(D) Preparation and use of labels.--After a Canadian 
     pesticide is registered under this subsection, the registrant 
     shall--
       ``(i) prepare labels approved by the Administrator for the 
     Canadian pesticide; and
       ``(ii) conduct or supervise all labeling of the Canadian 
     pesticide with the approved labeling.
       ``(E) Registered establishments.--Labeling of a Canadian 
     pesticide under this subsection shall be conducted at an 
     establishment registered by the registrant under section 7.
       ``(6) Revocation.--
       ``(A) In general.--After the registration of a Canadian 
     pesticide, if the Administrator finds that the Canadian 
     pesticide is not identical or substantially similar in 
     composition to a comparable domestic pesticide, the 
     Administrator may issue an emergency order revoking the 
     registration of the Canadian pesticide.
       ``(B) Terms of order.--The order--
       ``(i) shall be effective immediately;
       ``(ii) may prohibit the sale, distribution, and use of the 
     Canadian pesticide in a State; and
       ``(iii) may require the registrant of the Canadian 
     pesticide to purchase and dispose of any unopened product 
     subject to the order.
       ``(C) Request for hearing.--Not later than 10 days after 
     issuance of the order, the registrant of the Canadian 
     pesticide subject to the order may request a hearing on the 
     order.
       ``(D) Final order.--If a hearing is not requested in 
     accordance with subparagraph (C), the order shall become 
     final and shall not be subject to judicial review.
       ``(E) Judicial review.--If a hearing is requested on the 
     order, judicial review may be sought only at the conclusion 
     of the hearing on the order and following the issuance by the 
     Administrator of a final revocation order.
       ``(F) Procedure.--A final revocation order issued following 
     a hearing shall be reviewable in accordance with section 16.
       ``(7) Limits on liability.--No action for monetary damages 
     may be heard in any Federal or State court against--
       ``(A) the Administrator acting as a registering agency 
     under the authority of and consistent with this subsection 
     for injury or damage resulting from the use of a product 
     registered by the Administrator under this subsection; or
       ``(B) a registrant for damages resulting from adulteration 
     or compositional alteration of a Canadian pesticide 
     registered under this subsection if the registrant did not 
     have and could not reasonably have obtained knowledge of the 
     adulteration or compositional alteration.
       ``(8) Provision of information by registrants of comparable 
     domestic pesticides.--
       ``(A) In general.--On request by the Administrator the 
     registrant of a comparable domestic pesticide shall provide 
     to the Administrator that is seeking to register a Canadian 
     pesticide under this subsection information that is necessary 
     for the Administrator to make the determinations required by 
     paragraph (4).
       ``(B) Penalty for noncompliance.--
       ``(i) In general.--If the registrant of a comparable 
     domestic pesticide fails to provide to the Administrator, not 
     later than 15 days after receipt of a written request by the

[[Page 28924]]

     Administrator, information possessed by or reasonably 
     accessible to the registrant that is necessary to make the 
     determinations required by paragraph (4), the Administrator 
     may assess a penalty against the registrant of the comparable 
     pesticide.
       ``(ii) Amount.--The amount of the penalty shall be equal to 
     the product obtained by multiplying--

       ``(I) the difference between the per-acre cost of the 
     application of the comparable domestic pesticide and the 
     application of the Canadian pesticide, as determined by the 
     Administrator; and
       ``(II) the number of acres in the United States devoted to 
     the commodity for which the registration is sought.

       ``(C) Notice and opportunity for hearing.--No penalty under 
     this paragraph shall be assessed unless the registrant is 
     given notice and opportunity for a hearing in accordance with 
     section 14(a)(3).
       ``(D) Issues at hearing.--The only issues for resolution at 
     the hearing shall be--
       ``(i) whether the registrant of the comparable domestic 
     pesticide failed to timely provide to the Administrator the 
     information possessed by or reasonably accessible to the 
     registrant that was necessary to make the determinations 
     required by paragraph (4); and
       ``(ii) the amount of the penalty.
       ``(9) Penalty for disclosure.--
       ``(A) In general.--The Administrator shall not make public 
     information obtained under paragraph (8) that is privileged 
     and confidential and contains or relates to trade secrets or 
     commercial or financial information.
       ``(B) Disclosure.--Any employee of the Environmental 
     Protection Agency who willfully discloses information 
     described in subparagraph (A) shall be subject to penalties 
     described in section 10(f).
       ``(10) Data compensation.--The Administrator and a person 
     registering a Canadian pesticide under this subsection shall 
     not be liable for compensation for data supporting the 
     registration if the registration of the Canadian pesticide in 
     Canada and the registration of the comparable domestic 
     pesticide are held by the same registrant or by affiliated 
     entities.
       ``(11) Formulation changes.--
       ``(A) In general.--The registrant of a comparable domestic 
     pesticide shall notify the Administrator of any change in the 
     formulation of a comparable domestic pesticide or a Canadian 
     pesticide registered by the registrant or an affiliated 
     entity not later than 30 days before any sale or distribution 
     of the pesticide containing the new formulation.
       ``(B) Statement of formula.--The registrant of the 
     comparable domestic pesticide shall submit, with the notice 
     required under subparagraph (A), a confidential statement of 
     the formula for the new formulation if the registrant has 
     possession of or reasonable access to the information.
       ``(C) Suspension of registration for noncompliance.--
       ``(i) In general.--If the registrant fails to provide 
     notice or submit a confidential statement of formula as 
     required by this paragraph, the Administrator may issue a 
     notice of intent to suspend the registration of the 
     comparable domestic pesticide for a period of not less than 1 
     year.
       ``(ii) Effective date.--The suspension shall become final 
     not later than the end of the 30-day period beginning on the 
     date of the issuance by the Administrator of the notice of 
     intent to suspend the registration, unless during the period 
     the registrant requests a hearing.
       ``(iii) Hearing procedure.--If a hearing is requested, the 
     hearing shall be conducted in accordance with section 6(d).
       ``(iv) Issues.--The only issues for resolution at the 
     hearing shall be whether the registrant has failed to provide 
     notice or submit a confidential statement of formula as 
     required by this paragraph.''.
       (2) Technical and conforming amendment.--The table of 
     contents in section 1(b) of the Federal Insecticide, 
     Fungicide, and Rodenticide Act (7 U.S.C. prec. 121) is 
     amended by adding at the end of the items relating to section 
     3 the following:

  ``(4) Mixtures of nitrogen stabilizers and fertilizer products.
``(g) Registration review.
``(h) Registration requirements for antimicrobial pesticides.
  ``(1) Evaluation of process.
  ``(2) Review time period reduction goal.
  ``(3) Implementation.
  ``(4) Annual report.
``(i) Registration of Canadian pesticides.
  ``(1) Definitions.
  ``(2) Authority to register Canadian pesticides.
  ``(3) Applicant requirements.
  ``(4) Criteria for registration.
  ``(5) Labeling of Canadian pesticides.
  ``(6) Revocation.
  ``(7) Limits on liability.
  ``(8) Provision of information by registrants of comparable domestic 
              pesticides.
  ``(9) Penalty for disclosure.
  ``(10) Data compensation.
  ``(11) Formulation changes.''.

       (3) Effective date.--This subsection and the amendments 
     made by this subsection take effect on the date that is 180 
     days after the date of enactment of this Act.
                                 ______
                                 
  SA 2160. Mr. DeWINE (for himself and Mr. Voinovich) submitted an 
amendment intended to be proposed to amendment SA 2150 proposed by Mr. 
Bond (for himself and Ms. Mikulski) to the bill H.R. 2861, making 
appropriations for the Departments of Veterans Affairs and Housing and 
Urban Development, and for sundry independent agencies, boards, 
commissions, corporations, and offices for the fiscal year ending 
September 30, 2004, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 113, after line 22, add the following:
       The aggregate amount appropriated by this title under the 
     heading ``National Aeronautics and Space Administration'' is 
     hereby increased by $29,000,000, with the amount of the 
     increase to be available for commercial technology transfer 
     programs. The amount available under the preceding sentence 
     for commercial technology transfer programs is in addition to 
     any other amounts available under this Act for such programs.
       The amount appropriated by this title under the heading 
     ``science, aeronautics, and exploration'' is hereby reduced 
     by $29,000,000, with the amount of the reduction to be 
     allocated to the Beyond Einstein Initiative.
                                 ______
                                 
  SA 2161. Mr. DeWINE (for himself and Mr. Voinovich) submitted an 
amendment intended to be proposed to amendment SA 2150 proposed by Mr. 
Bond (for himself and Ms. Mikulski) to the bill H.R. 2861, making 
appropriations for the Departments of Veterans Affairs and Housing and 
Urban Development, and for sundry independent agencies, boards, 
commissions, corporations, and offices for the fiscal year ending 
September 30, 2004, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 111, line 6, insert before the period the 
     following: ``: Provided, That of the amounts available under 
     this heading, $4,000,000 shall be available for the purpose 
     of research and development relating to intelligence 
     propulsion and related advancements, and shall be in addition 
     to any other amounts available under this heading for that 
     purpose''.
                                 ______
                                 
  SA 2162. Mr. DeWINE (for himself, Mr. Levin, and Mr. Voinovich) 
submitted an amendment intended to be proposed to amendment SA 2150 
proposed by Mr. Bond (for himself and Ms. Mikulski) to the bill H.R. 
2861, making appropriations for the Departments of Veterans Affairs and 
Housing and Urban Development, and for sundry independent agencies, 
boards, commissions, corporations, and offices for the fiscal year 
ending September 30, 2004, and for other purposes; which was ordered to 
lie on the table; as follows:

       On page 97, line 24, after ``members;'', insert the 
     following: ``the Great Lakes Legacy Program of the 
     Environmental Protection Agency, in an amount that is not 
     less than $15,000,000;''.
                                 ______
                                 
  SA 2163. Mr. DeWINE (for himself and Mr. Voinovich) submitted an 
amendment intended to be proposed to amendment SA 2150 proposed by Mr. 
Bond (for himself and Ms. Mikulski) to the bill H.R. 2861, making 
appropriations for the Departments of Veterans Affairs and Housing and 
Urban Development, and for sundry independent agencies, boards, 
commissions, corporations, and offices for the fiscal year ending 
September 30, 2004, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:
       Sec. __. From amounts appropriated under this Act, there 
     shall be set aside $660,000 for the National Academy of 
     Sciences study proposal ``Health Risks to Children from 
     Residential Lead Contamination''.
                                 ______
                                 
  SA 2164. Ms. CANTWELL (for herself, Mr. Carper, Mr. Brownback, Mr. 
Hagel, Mr. Roberts, Mr. Nelson of Nebraska, and Mrs. Murray) submitted 
an amendment intended to be proposed to amendment SA 2150 proposed by 
Mr. Bond (for himself and Ms. Mikulski) to the bill H.R. 2861, making 
appropriations for the Departments of Veterans Affairs and Housing and 
Urban Development, and for sundry independent agencies, boards, 
commissions, corporations, and offices for the fiscal year ending 
September 30, 2004, and for other purposes; which was ordered to lie on 
the table; as follows:


[[Page 28925]]

       On page 125, between lines 7 and 8, insert the following:

     SEC. 418. EXTENSION OF CERTAIN PUBLIC HOUSING/SECTION 8 
                   MOVING TO WORK DEMONSTRATION AGREEMENTS.

       (a) Extension.--The Secretary of Housing and Urban 
     Development shall extend the term of the Moving to Work 
     Demonstration Agreement entered into between a public housing 
     agency and the Secretary under section 204, title V, of the 
     Omnibus Consolidated Rescissions and Appropriations Act of 
     1996 (Pub. L. 104-134, April 26, 1996) if--
       (1) the public housing agency requests such extension in 
     writing;
       (2) the public housing agency is not at the time of such 
     request for extension in default under its Moving to Work 
     Demonstration Agreement; and
       (3) the Moving to Work Demonstration Agreement to be 
     extended would otherwise expire on or before December 31, 
     2004.
       (b) Terms.--Unless the Secretary of Housing and Urban 
     Development and the public housing agency otherwise agree, 
     the extension under subsection (a) shall be upon the 
     identical terms and conditions set forth in the extending 
     agency's existing Moving to Work Demonstration Agreement, 
     except that for each public housing agency that has been or 
     will be granted an extension to its original Moving to Work 
     agreement, the Secretary shall require that data be collected 
     so that the effect of Moving to Work policy changes on 
     residents can be measured.
       (c) Extension Period.--The extension under subsection (a) 
     shall be for such period as is requested by the public 
     housing agency, not to exceed 3 years from the date of 
     expiration of the extending agency's existing Moving to Work 
     Demonstration Agreement.
       (d) Breach of Agreement.--Nothing contained in this section 
     shall limit the authority of the Secretary of Housing and 
     Urban Development to terminate any Moving to Work 
     Demonstration Agreement of a public housing agency if the 
     public housing agency is in breach of the provisions of such 
     agreement.

     SEC. 419. STUDY OF MOVING TO WORK PROGRAM.

       (a) In General.--The General Accounting Office shall 
     conduct a study of the Moving to Work demonstration program 
     to evaluate--
       (1) whether the statutory goals of the Moving to Work 
     demonstration program are being met;
       (2) the effects policy changes related to the Moving to 
     Work demonstration program have had on residents; and
       (3) whether public housing agencies participating in the 
     Moving to Work program are meeting the requirements of the 
     Moving to Work demonstration program under law and any 
     agreements with the Department of Housing and Urban 
     Development.
       (b) Report.--Not later than 18 months after the date of 
     enactment of this Act, the General Accounting Office shall 
     submit to Congress a report on the study conducted under 
     subsection (a).
                                 ______
                                 
  SA 2165. Mr. COLEMAN submitted an amendment intended to be proposed 
to amendment SA 2150 proposed by Mr. Bond (for himself and Ms. 
Mikulski) to the bill H.R. 2861, making appropriations for the 
Departments of Veterans Affairs and Housing and Urban Development, and 
for sundry independent agencies, boards, commissions, corporations, and 
offices for the fiscal year ending September 30, 2004, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 125, between lines 7 and 8, insert the following:
       Sec. 418. There are appropriated $1,060,000 to the 
     Neighborhood House in Saint Paul, Minnesota, for construction 
     costs of the Paul and Sheila Wellstone Center for Community 
     Building.
                                 ______
                                 
  SA 2166. Mr. DORGAN submitted an amendment intended to be proposed to 
amendment SA 2150 proposed by Mr. Bond (for himself and Ms. Mikulski) 
to the bill H.R. 2861, making appropriations for the Departments of 
Veterans Affairs and Housing and Urban Development, and for sundry 
independent agencies, boards, commissions, corporations, and offices 
for the fiscal year ending September 30, 2004, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 125, between lines 7 and 8, insert the following:
       Sec. __. (a) Section 45D(e) of the Internal Revenue Code of 
     1986 (relating to low-income community) is amended by adding 
     at the end the following new paragraph:
       ``(4) Modification of income requirement for census tracts 
     within high migration rural counties.--
       ``(A) In general.--In the case of a population census tract 
     located within a high migration rural county, paragraph 
     (1)(B)(i) shall be applied by substituting `85 percent' for 
     `80 percent'.
       ``(B) High migration rural county.--For purposes of this 
     paragraph, the term `high migration rural county' means any 
     county which, during the 20-year period ending on December 
     31, 2000, has a net out-migration of inhabitants from the 
     county of at least 10-percent of the population of the county 
     at the beginning of such period.''.
       (b) The amendment made by this section shall take effect as 
     if included in the amendment made by section 121(a) of the 
     Community Renewal Tax Relief Act of 2000.
                                 ______
                                 
  SA 2167. Mr. BOND proposed an amendment to amendment SA 150 proposed 
by Mr. Bond (for himself and Ms. Milkulski) to the bill H.R. 2861, 
making appropriations for the Departments of Veterans Affairs and 
Housing and Urban Development, and for sundry independent agencies, 
boards, commissions, corporations, and offices for the fiscal year 
ending September 30, 2004, and for other purposes; as follows:

       Beginning on page 9, line 20, strike ``: Provided, That'' 
     and all that follows through ``Congress'' on line 5, page 10.
                                 ______
                                 
  SA 2168. Mr. REED submitted an amendment intended to be proposed to 
amendment SA 2150 proposed by Mr. Bond (for himself and Ms. Mikulski) 
to the bill H.R. 2861, making appropriations for the Departments of 
Veterans Affairs and Housing and Urban Development, and for sundry 
independent agencies, boards, commissions, corporations, and offices 
for the fiscal year ending September 30, 2004, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 125, between lines 7 and 8, insert the following:
       Sec. 418. Funds made available under this Act or any other 
     Act that are awarded by the Secretary of Housing and Urban 
     Development to a public housing agency for replacement 
     housing needs arising from the demolition of public housing 
     units, and that are used by the public housing agency as 
     project-based assistance, shall not be included as tenant-
     based assistance that is attached to a structure for the 
     purposes of the 20 percent limitation under section 
     8(o)(13)(B) of the United States Housing Act of 1937 (42 
     U.S.C. 1437f), if the public housing agency certifies that 
     use of the funds as project-based assistance is necessary in 
     order to provide adequate replacement housing opportunities 
     consistent with the purposes of section 24 of that Act (42 
     U.S.C. 1437v).
                                 ______
                                 
  SA 2169. Mr. LEVIN (for himself, Ms. Collins, Ms. Stabenow, and Mr. 
Voinovich) submitted an amendment intended to be proposed to amendment 
SA 2150 proposed by Mr. Bond (for himself and Ms. Mikulski) to the bill 
H.R. 2861, making appropriations for the Departments of Veterans 
Affairs and Housing and Urban Development, and for sundry independent 
agencies, boards, commissions, corporations, and offices for the fiscal 
year ending September 30, 2004, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 125, between lines 7 and 8, insert the following:

     SEC. 4__. SEWER OVERFLOW CONTROL GRANTS.

       Section 221 of the Federal Water Pollution Control Act (33 
     U.S.C. 1301) is amended--
       (1) in subsection (f), by striking ``2002 and 2003'' and 
     inserting ``2005 and 2006'';
       (2) in subsection (g)(1)--
       (A) in the paragraph heading, by striking ``2002'' and 
     inserting ``2005''; and
       (B) by striking ``2002'' and inserting ``2005'';
       (3) in subsection (g)(2)--
       (A) in the paragraph heading, by striking ``2003'' and 
     inserting ``2006''; and
       (B) by striking ``2003'' and inserting ``2006''; and
       (4) in subsection (i), by striking ``2003'' and inserting 
     ``2006''.
                                 ______
                                 
  SA 2170. Mr. BOND (for Mr. Leahy (for himself and Mr. Brownback)) 
proposed an amendment to the bill S. 1685, to extend and expand the 
basic pilot program for employment eligibility verification, and for 
other purposes; as follows:

       At the end, add the following:

     SEC. 4. PILOT IMMIGRATION PROGRAM.

       (a) Processing Priority Under Pilot Immigration Program for 
     Regional Centers to Promote Economic Growth.--Section 610 of 
     the Departments of Commerce, Justice, and State, the 
     Judiciary, and Related Agencies Appropriations Act, 1993 (8 
     U.S.C. 1153 note) is amended--
       (1) by striking ``Attorney General'' each place such term 
     appears and inserting ``Secretary of Homeland Security''; and
       (2) by adding at the end the following:
       ``(d) In processing petitions under section 204(a)(1)(H) of 
     the Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(H)) 
     for classification under section 203(b)(5) of such Act (8 
     U.S.C. 1153(b)(5)), the Secretary of Homeland Security may 
     give priority to petitions filed by aliens seeking admission 
     under the pilot program described in this section. 
     Notwithstanding section 203(e) of such Act (8 U.S.C. 
     1153(e)), immigrant visas made available

[[Page 28926]]

     under such section 203(b)(5) may be issued to such aliens in 
     an order that takes into account any priority accorded under 
     the preceding sentence.''.
       (b) Extension.--Section 610(b) of the Departments of 
     Commerce, Justice, and State, the Judiciary, and Related 
     Agencies Appropriations Act, 1993 (8 U.S.C. 1153 note) is 
     amended by striking ``10 years'' and inserting ``15 years''.

     SEC. 5. GAO STUDY.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the General Accounting Office shall 
     report to Congress on the immigrant investor program created 
     under section 203(b)(5) of the Immigration and Nationality 
     Act (8 U.S.C. 1153(b)(5)).
       (b) Contents.--The report described in subsection (a) shall 
     include information regarding--
       (1) the number of immigrant investors that have received 
     visas under the immigrant investor program in each year since 
     the inception of the program;
       (2) the country of origin of the immigrant investors;
       (3) the localities where the immigrant investors are 
     settling and whether those investors generally remain in the 
     localities where they initially settle;
       (4) the number of immigrant investors that have sought to 
     become citizens of the United States;
       (5) the types of commercial enterprises that the immigrant 
     investors have established; and
       (6) the types and number of jobs created by the immigrant 
     investors.
                                 ______
                                 
  SA 2171. Mr. LAUTENBERG (for himself, Ms. Mikulski, Mr. Jeffords, 
Mrs. Boxer, Mr. Corzine, Mr. Schumer, Mr. Leahy, Mr. Lieberman, Mr. 
Kerry, Mr. Kennedy, Mr. Edwards, Ms. Cantwell, and Mr. Durbin) proposed 
an amendment to amendment SA 2150 proposed by Mr. Bond (for himself and 
Ms. Mikulski) to the bill H.R. 2861, making appropriations for the 
Departments of Veterans Affairs and Housing and Urban Development, and 
for sundry independent agencies, boards, commissions, corporations, and 
offices for the fiscal year ending September 30, 2004, and for other 
purposes; as follows:

       On page 98, line 5, before the period at the end, insert 
     the following: ``, of which, in addition to any other amounts 
     provided under this heading for the Office of Enforcement and 
     Compliance Assurance, $5,400,000 shall be made available for 
     that office''.
                                 ______
                                 
  SA 2172. Mr. BOND (for Mr. Graham of South Carolina (for himself and 
Mr. Hollings)) proposed an amendment to amendment SA 2150 proposed by 
Mr. Bond (for himself and Ms. Mikulski) to the bill H.R. 2861, making 
appropriations for the Departments of Veterans Affairs and Housing and 
Urban Development, and for sundry independent agencies, boards, 
commissions, corporations, and offices for the fiscal year ending 
September 30, 2004, and for other purposes; as follows:

       At the end of title I, add the following:
       Sec. 116. Notwithstanding paragraph (2) of section 8163(c) 
     of title 38, United States Code, the Secretary of Veterans 
     Affairs may enter into an enhanced-use lease with the Medical 
     University Hospital Authority, a public authority of the 
     State of South Carolina, for approximately 0.48 acres of 
     underutilized property at the Charleston Department of 
     Veterans Affairs Medical Center, Charleston, South Carolina, 
     at any time after 30 days after the date of the submittal of 
     the notice required by paragraph (1) of that section with 
     respect to such property. The Secretary is not required to 
     submit a report on the lease as otherwise required by 
     paragraph (4) of that section.
                                 ______
                                 
  SA 2173. Mr. BOND (for Ms. Mikulski (for herself and Mr. Bond)) 
proposed an amendment to amendment SA 2150 proposed by Mr. Bond (for 
himself and Ms. Mikulski) to the bill H.R. 2861, making appropriations 
for the Departments of Veterans Affairs and Housing and Urban 
Development, and for sundry independent agencies, boards, commissions, 
corporations, and offices for the fiscal year ending September 30, 
2004, and for other purposes; as follows:

       On page 92, line 22, strike the period and insert the 
     following:``: Provided further, That, for fiscal year 2004 
     and every year thereafter, the Corporation shall make any 
     significant changes to program requirements or policy only 
     through public notice and comment rulemaking:  Provided 
     further, That, for fiscal year 2004 and every year 
     thereafter, during any grant selection process, no officer or 
     employee of the Corporation shall knowingly disclose any 
     covered grant selection information regarding such selection, 
     directly or indirectly, to any person other than an officer 
     or employee of the Corporation that is authorized by the 
     Corporation to receive such information.''.
                                 ______
                                 
  SA 2174. Mr. BOND proposed an amendment to amendment SA 2150 proposed 
by Mr. Bond (for himself and Ms. Mikulski) to the bill H.R. 2861, 
making appropriations for the Departments of Veterans Affairs and 
Housing and Urban Development, and for sundry independent agencies, 
boards, commissions, corporations, and offices for the fiscal year 
ending September 30, 2004, and for other purposes; as follows:

       On page 61, beginning on line 7, strike out ``$32,415,00,'' 
     and all that follows through the period on line 16 and insert 
     in lieu thereof ``$39,915,000, to remain available until 
     expended, to be derived from the Federal Housing Enterprise 
     Oversight Fund: Provided, That not less than 60 percent of 
     total amount made available under this heading shall be used 
     to for licensed audit personnel and audit support: Provided 
     further, That an additional $10,000,000 shall be made 
     available until expended, to be derived from the Federal 
     Housing Enterprise Oversight Fund only upon a certification 
     by the Secretary of the Treasury that these funds are 
     necessary to meet an emergency need: Provided further, That 
     not to exceed such amounts shall be available from the 
     general fund of the Treasury to the extent necessary to incur 
     obligations and make expenditures pending the receipt of 
     collections to the Fund: Provided further, That the general 
     fund amount shall be reduced as collections are received 
     during the fiscal year so as to result in a final 
     appropriation from the general fund estimated at not more 
     than $0.''.
                                 ______
                                 
  SA 2175. Mr. BOND (for Mr. Stevens) proposed an amendment to 
amendment SA 2150 proposed by Mr. Bond (for himself and Ms. Mikulski) 
to the bill H.R. 2861, making appropriations for the Departments of 
Veterans Affairs and Housing and Urban Development, and for sundry 
independent agencies, boards, commissions, corporations, and offices 
for the fiscal year ending September 30, 2004, and for other purposes; 
as follows:

       On page 86, between lines 11 and 12, insert the following:

     SEC. 2__. NATIVE AMERICAN HOUSING.

       Allocation of Funding.--Of the amounts made available to 
     carry out the Native American Housing Assistance and Self-
     Determination Act of 1996 (25 U.S.C. 4101 et seq.) for fiscal 
     year 2004, there shall be made available to each grant 
     recipient the same percentage of funding as each recipient 
     received for fiscal year 2003.
                                 ______
                                 
  SA 2176. Mr. BOND (for Mr. Durbin (for himself and Mr. Fitzgerald)) 
proposed an amendment to amendment SA 2150 proposed by Mr. Bond (for 
himself and Ms. Mikulski) to the bill H.R. 2861, making appropriations 
for the Departments of Veterans Affairs and Hosing and Urban 
Development, and for sundry independent agencies, boards, commissions, 
corporations, and offices for the fiscal year ending September 30, 
2004, and for other purposes; as follows:

  At the appropriate place, insert the following:

       Sec. . Notwithstanding any other provision of law, the 
     Secretary of Veterans Affairs shall make the North Chicago VA 
     Medical Center available to the Navy to the maximum extent 
     feasible. The Secretary shall report to the Senate 
     Appropriations Committee by June 30, 2004, regarding the 
     progress in modifying North Chicago VA Medical Center's 
     surgical suite and emergency and urgent care centers for use 
     by veterans and Department of Defense beneficiaries. Further, 
     the Secretary shall consider having the new joint VA/Navy 
     ambulatory care center to serve both veterans and Department 
     of Defense beneficiaries sited on or adjacent to the North 
     Chicago VA Medical Center and shall consult with the 
     Secretary of the Navy to select the site for the center. The 
     Secretary of Veterans Affairs shall report to the Senate 
     Appropriations Committee on the site selection by June 30, 
     2004.
                                 ______
                                 
  SA 2177. Mr. BOND (for Ms. Murkowski) proposed an amendment to 
amendment SA 2150 proposed by Mr. Bond (for himself and Ms. Mikulski) 
to the bill H.R. 2861, making appropriations for the Departments of 
Veterans Affairs and Housing and Urban Development, and for sundry 
independent agencies, boards, commissions, corporations, and offices 
for the fiscal year ending September 30, 2004, and for other purposes; 
as follows:

       At the appropriate place, insert the following:

     SEC. __. RURAL TEACHER HOUSING.

       Section 307 of the Denali Commission Act of 1998 (42 U.S.C. 
     3121 note) is amended by adding at the end the following:
       ``(e) Rural Teacher Housing.--The Commission may make 
     grants and loans to public school districts serving remote 
     incorporated cities and unincorporated communities in Alaska 
     (including Alaska Native

[[Page 28927]]

     Villages) with a population of 6,500 or fewer persons for 
     expenses associated with the construction, purchase, lease, 
     and rehabilitation of housing units in such cities and 
     communities. Unless otherwise authorized by the Commission, 
     such units may be occupied only by teachers, school 
     administrators, and other school staff (including members of 
     their households).''.
                                 ______
                                 
  SA 2178. Ms. MIKULSKI proposed an amendment to amendment SA 2150 
proposed by Mr. Bond (for himself and Ms. Mikulski) to the bill H.R. 
2861, making appropriations for the Departments of Veterans Affairs and 
Housing and Urban Development, and for sundry independent agencies, 
boards, commissions, corporations, and offices for the fiscal year 
ending September 30, 2004, and for other purposes; as follows:

       On page 104, between lines 14 and 15, insert the following
       For an additional amount for capitalization grants for 
     State revolving funds, $3,000,000,000, to remain available 
     until expended, of which $1,850,000,000 shall be for 
     capitalization grants from State water pollution control 
     revolving funds established under title VI of the Federal 
     Water Pollution Control Act (33 U.S.C. 1381 et seq.) and 
     $1,150,000,000 shall be for capitalization grants from State 
     drinking water treatment revolving loan funds under section 
     1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12): 
     Provided, That the entire amount made available under this 
     paragraph is designated by Congress as an emergency 
     requirement under section 502(c) of H. Con. Res. 95 (108th 
     Cong.).
                                 ______
                                 
  SA 2179. Mr. FITZGERALD submitted an amendment intended to be 
proposed to amendment SA 2150 proposed by Mr. Bond (for himself and Ms. 
Mikulski) to the bill H.R. 2861, making appropriations for the 
Departments of Veterans Affairs and Housing and Urban Development, and 
for sundry independent agencies, boards, commissions, corporations, and 
offices for the fiscal year ending September 30, 2004, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 125, between lines 7 and 8, insert the following:
       Sec. 418. (a) In general.--None of the funds appropriated 
     under this Act shall be used for the purpose of implementing 
     or carrying out the Mark-to-Market program established under 
     the Multifamily Assisted Housing Reform and Affordability Act 
     of 1997 (42 U.S.C. 1437f et seq.) with--
       (1) any for-profit entity with respect to the Evergreen 
     Terrace I and Evergreen Terrace II housing complexes located 
     in Joliet, Illinois; or
       (2) any entity, or its successors or assignees, that 
     signed, prior to October 1, 2003, a restructuring commitment 
     with the Department of Housing and Urban Development with 
     respect to the Evergreen Terrace I and Evergreen Terrace II 
     housing complexes located in Joliet, Illinois.
       (b) Rights of Residents.--Nothing in this section shall be 
     construed to alter the rights or eligibility of residents of 
     the Evergreen Terrace I and Evergreen Terrace II housing 
     complexes in Joliet, Illinois, to benefit from or to 
     participate in programs administered by the Secretary of 
     Housing and Urban Development.
                                 ______
                                 
  SA 2180. Mr. BOND proposed an amendment to amendment SA 2150 proposed 
by Mr. Bond (for himself and Ms. Mikulski) to the bill H.R. 2861, 
making appropriations for the Departments of Veterans Affairs and 
Housing and Urban Development, and for sundry independent agencies, 
boards, commissions, corporations, and offices for the fiscal year 
ending September 30, 2004, and for other purposes; as follows:

       On page 86, after line 11, insert the following new 
     section:
       Sec. 226. The Secretary of Housing and Urban Development 
     shall conduct negotiated rulemaking with representatives from 
     interested parties for purposes of any changes to the formula 
     governing the Public Housing Operating Fund. A final rule 
     shall be issued no later than July 31, 2004.
                                 ______
                                 
  SA 2181. Mr. BOND (for Ms. Murkowski) proposed an amendment to 
amendment SA 2150 proposed by Mr. Bond (for himself and Ms. Mikulski) 
to the bill H.R. 2861, making appropriations for the Departments of 
Veterans Affairs and Housing and Urban Development, and for sundry 
independent agencies, boards, commissions, corporations, and offices 
for the fiscal year ending September 30, 2004, and for other purposes; 
as follows:

       At the end of title I, add the following:
       Sec. 116. (a) Treatment of Pioneer Homes in Alaska as State 
     Home for Veterans.--The Secretary of Veterans Affairs may--
       (1) treat the Pioneer Homes in the State of Alaska 
     collectively as a single State home for veterans for purposes 
     of section 1741 of title 38, United States Code; and
       (2) make per diem payments to the State of Alaska for care 
     provided to veterans in the Pioneer Homes in accordance with 
     the provisions of that section.
       (b) Treatment Notwithstanding Non-Veteran Residency.--The 
     Secretary shall treat the Pioneer Homes as a State home under 
     subsection (a) notwithstanding the residency of non-veterans 
     in one or more of the Pioneer Homes.
       (c) Pioneer Homes Defined.--In this section, the term 
     ``Pioneer Homes'' means the six regional homes in the State 
     of Alaska known as Pioneer Homes, which are located in the 
     following:
       (1) Anchorage, Alaska.
       (2) Fairbanks, Alaska.
       (3) Juneau, Alaska.
       (4) Ketchikan, Alaska.
       (5) Palmer, Alaska.
       (6) Sitka, Alaska.
                                 ______
                                 
  SA 2182. Ms. MURKOWSKI (for Mr. Dorgan (for himself, Mr. Rockefeller, 
and Ms. Landrieu)) proposed an amendment to amendment SA 2150 proposed 
by Mr. Bond (for himself and Ms. Mikulski) to the bill H.R. 2861, 
making appropriations for the Departments of Veterans Affairs and 
Housing and Urban Development, and for sundry independent agencies, 
boards, commissions, corporations, and offices for the fiscal year 
ending September 30, 2004, and for other purposes; as follows:

       At the end of title I, add the following:
       Sec. 116. (a) Findings on Access to Primary Health Care of 
     Veterans in Rural Areas.--The Senate makes the following 
     findings:
       (1) The Secretary of Veterans Affairs has appointed a 
     commission, called the Capital Asset Realignment for Enhanced 
     Services (CARES) Commission, and directed it to make specific 
     recommendations regarding the realignment and allocation of 
     capital assets necessary to meet the demand for veterans 
     health care services over the next 20 years.
       (2) The Department of Veterans Affairs accessibility 
     standard for primary health care provides that at least 70 
     percent of the veterans enrolled in each of the regional 
     ``markets'' of the Department should live within a specified 
     driving time of a Department primary care facility. That 
     driving time is 30 minutes for veterans living in urban and 
     rural areas and 60 minutes for veterans living in highly 
     rural areas.
       (3) The Draft National CARES Plan issued by the Under 
     Secretary for Health would place veterans in 18 rural and 
     highly rural regional markets outside the Department 
     accessibility standard for primary health care until at least 
     fiscal year 2022, which means that thousands of veterans will 
     have to continuing traveling up to 3-4 hours each way to 
     visit a Department primary care facility.
       (4) The 18 rural and highly rural markets that will remain 
     outside the Department accessibility standard for primary 
     health care comprise all or parts of Arkansas, Idaho, 
     Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, 
     Minnesota, Mississippi, Missouri, Montana, Nebraska, North 
     Carolina, North Dakota, Ohio, Oklahoma, Oregon, South Dakota, 
     Tennessee, Texas, Virginia, Washington, and West Virginia.
       (5) Health care facilities for veterans are 
     disproportionately needed in rural and highly rural areas 
     because the residents of such areas are generally older, 
     poorer, and sicker than their urban counterparts.
       (b) Sense of Senate.--It is the sense of the Senate that--
       (1) the CARES Commission should give as much attention to 
     solving the special needs of veterans who live in rural areas 
     as it does to providing for the health care needs of veterans 
     living in more highly populated areas;
       (2) the CARES Commission should reject the portions of the 
     Draft National CARES Plan that would prevent any regional 
     market of the Department from complying with the Department 
     accessibility standard for primary health care, which 
     provides that at least 70 percent of the veterans residing in 
     each market be within specified driving times of a Department 
     primary care facility; and
       (3) the CARES Commission should recommend to the Secretary 
     the investments and initiatives that are necessary to achieve 
     the Department accessibility standard for primary health care 
     in each of the rural and highly rural health care markets of 
     the Department.
                                 ______
                                 
  SA 2183. Mr. BOND (for Mr. Sarbanes (for himself, Ms. Collins, Mr. 
Byrd, Mr. Santorum, Mr. Reed, Ms. Snowe, Mr. Kennedy, Mr. Dodd, Mr. 
Kerry, Mr. Allen, Mr. Schumer, Mrs. Murray, Mrs. Clinton, Mr. Leahy, 
Mr. Chafee, Ms. Cantwell, Mrs. Feinstein, Mr. Lautenberg, Ms. Stabenow, 
Mr. Jeffords, Mr. Lieberman, Mr. Akaka, Mr. Dayton, and Mr. Nelson of 
Florida)) proposed and amendment to amendment SA 2150 proposed by Mr. 
Bond (for himself and Ms. Mikulski) to

[[Page 28928]]

the bill H.R. 2861, making appropriations for the Departments of 
Veterans Affairs and Housing and Urban Development, and for sundry 
independent agencies, boards, commissions, corporations, and offices 
for the fiscal year ending September 30, 2004, and for other purposes; 
as follows:

       On page 125, between lines 7 and 8, insert the following:

     SEC. 4__. SENSE OF THE SENATE.

       (a) Findings.--The Senate finds that--
       (1) 30 percent of American families have housing 
     affordability problems, with 14,300,000 families paying more 
     than half of their income for housing costs, and 17,300,000 
     families paying 30 to 50 percent of their income towards 
     housing costs;
       (2) 9,300,000 American families live in housing that is 
     overcrowded or distressed;
       (3) 3,500,000 households in the United States will 
     experience homelessness at some point this year, including 
     1,350,000 children;
       (4) the number of working families who are unable to afford 
     adequate housing is increasing, as the gap between wages and 
     housing costs grows;
       (5) there is no county or metropolitan area in the country 
     where a minimum wage earner can afford to rent a modest 2-
     bedroom apartment, and on average, a family must earn over 
     $15 an hour to afford modest rental housing, which is almost 
     3 times the minimum wage;
       (6) section 8 housing vouchers help approximately 2,000,000 
     families with children, senior citizens, and disabled 
     individuals afford a safe and decent place to live;
       (7) utilization of vouchers is at a high of 96 percent, and 
     is on course to rise to 97 percent in fiscal year 2004, 
     according to data provided by the Department of Housing and 
     Urban Development;
       (8) the average cost per voucher has also steadily 
     increased from just over $6400 in August of 2002, to $6,756 
     in April, 2003, due largely to rising rents in the private 
     market, and the Congressional Budget Office estimates that 
     the cost per voucher in fiscal year 2004 will be $7,028, $560 
     more per voucher than the estimate contained in the fiscal 
     year 2004 budget request; and
       (9) the congressionally appointed, bipartisan Millennial 
     Housing Commission found that housing vouchers are ``the 
     linchpin of a national housing policy providing very low-
     income renters access to privately-owned housing stock''.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) housing vouchers are a critical resource in ensuring 
     that families in America can afford safe, decent, and 
     adequate housing;
       (2) public housing agencies must retain the ability to use 
     100 percent of their authorized vouchers to help house low-
     income families; and
       (3) the Senate expects the Department of Housing and Urban 
     Development to take all necessary actions to encourage full 
     utilization of vouchers, and to use all legally available 
     resources as needed to support full funding for housing 
     vouchers in fiscal year 2004, so that every voucher can be 
     used by a family in need.
                                 ______
                                 
  SA 2184. Mr. BOND (for Mrs. Clinton (for herself, Ms. Snowe, Mr. 
Kennedy, Mr. Chafee, Mrs. Murray, Mr. Reed, Mr. Harkin, and Mr. Dodd)) 
proposed an amendment to amendment SA 2150 proposed by Mr. Bond (for 
himself and Ms. Mikulski) to the bill H.R. 2861, making appropriations 
for the Departments of Veterans Affairs and Housing and Urban 
Development, and for sundry independent agencies, boards, commissions, 
corporations, and offices for the fiscal year ending September 30, 
2004, and for other purposes; as follows:

       On page 92, line 22, insert ``: Provided further, That the 
     Corporation shall offer any individual selected after October 
     31, 2002, for initial enrollment or reenrollment as a VISTA 
     volunteer under title I of the Domestic Volunteer Service Act 
     of 1973 (42 U.S.C. 4951 et seq.) the option of receiving a 
     national service educational award under subtitle D of title 
     I of the National and Community Service Act of 1990 (42 
     U.S.C. 12601 et seq.)'' after ``programs''.
                                 ______
                                 
  SA 2185. Mr. BOND (for Mr. Levin (for himself, Ms. Collins, and Ms. 
Stabenow)) proposed an amendment to amendment SA 2150 proposed by Mr. 
Bond (for himself and Ms. Mikulski) to the bill H.R. 2861, making 
appropriations for the Departments of Veterans Affairs and Housing and 
Urban Development, and for sundry independent agencies, boards, 
commissions, corporations, and offices for the fiscal year ending 
September 30, 2004, and for other purposes; as follows:

       On page 125, between lines 7 and 8, insert the following:

     SEC. 4__. SEWER OVERFLOW CONTROL GRANTS.

       Section 221 of the Federal Water Pollution Control Act (33 
     U.S.C. 1301) is amended--
       (1) in subsection (f), by striking ``2002 and 2003'' and 
     inserting ``2005 and 2006'';
       (2) in subsection (g)(1)--
       (A) in the paragraph heading, by striking ``2002'' and 
     inserting ``2005''; and
       (B) by striking ``2002'' and inserting ``2005'';
       (3) in subsection (g)(2)--
       (A) in the paragraph heading, by striking ``2003'' and 
     inserting ``2006''; and
       (B) by striking ``2003'' and inserting ``2006''; and
       (4) in subsection (i), by striking ``2003'' and inserting 
     ``2006''.
                                 ______
                                 
  SA 2186. Mr. BOND (for Mrs. Boxer) proposed an amendment to amendment 
SA 2150 proposed by Mr. Bond (for himself and Ms. Mikulski) to the bill 
H.R. 2861, making appropriations for the Departments of Veterans 
Affairs and Housing and Urban Development, and for sundry independent 
agencies, boards, commissions, corporations, and offices for the fiscal 
year ending September 30, 2004, and for other purposes; as follows:

       It is the sense of the Senate that human dosing studies of 
     pesticides raises ethical and health questions.
                                 ______
                                 
  SA 2187. Mr. McCAIN submitted an amendment intended to be proposed to 
amendment SA 2150 proposed by Mr. Bond (for himself and Ms. Mikulski) 
to the bill H.R. 2861, making appropriations for the Departments of 
Veterans Affairs and Housing and Urban Development, and for sundry 
independent agencies, boards, commissions, corporations, and offices 
for the fiscal year ending September 30, 2004, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 109, beginning with line 21, strike through 
     ``$7,730,507,000,'' in line 23 on page 110 and insert the 
     following:

     $7,663,700,000, to remain available until September 30, 2005, 
     of which no less than $3,968,000,000 shall be available for 
     activities related to the Space Shuttle and shall not be 
     available for transfer to any other program or account, and 
     no more than $1,588,600,000 shall be available for activities 
     related to the International Space Station, of which 
     $81,600,000 shall be derived from reductions in the following 
     amounts and for the following projects, as specified in 
     Senate Report 108-143, which amounts are unauthorized by law 
     or unrequested by the President:
       (1) $1,000,000 to Utah State University, Logan, Utah for 
     the Calibration Center.
       (2) $1,500,000 to Montana State University-Bozeman for the 
     Center for Studying Life in Extreme Environments.
       (3) $750,000 to Montana State University-Bozeman for the 
     Space Science and Engineering Lab.
       (4) $1,000,000 to the University of Idaho in Moscow, Idaho 
     for advanced microelectronics and biomolecular research.
       (5) $2,000,000 to New Mexico State University for the 
     ultra-long balloon program to augment planned flights and 
     technology development.
       (6) $2,000,000 to Texas Tech University in Lubbock, Texas, 
     for equipment at the Experimental Sciences Building.
       (7) $1,000,000 to the University of Texas, Austin for 
     nanomedicine.
       (8) $1,000,000 to Texas A&M University in College Station 
     for the Space Engineering Institute.
       (9) $1,400,000 to the University of New Orleans, Louisiana 
     for the Composites Research Center of Excellence and for the 
     development of advanced metallic joining technologies at 
     Michoud Space Center.
       (10) $2,500,000 to Marshall University, Bridgeport, West 
     Virginia for the Hubble Telescope Project.
       (11) $2,300,000 to the University of North Dakota, Grand 
     Forks, North Dakota for the Northern Great Plains Space 
     Science and Technology Center.
       (12) $2,000,000 for University of Maryland, Baltimore 
     County for photonics research.
       (13) $1,500,000 to George Mason University, Fairfax, 
     Virginia for the Center for Earth Observing and Space 
     Research Mid-Atlantic Geospatial Information Consortium.
       (14) $1,000,000 to Utah State University, Logan, Utah for 
     the Intermountain Region Digital Image Archive and Processing 
     Center.
       (15) $2,500,000 to the University of Mississippi for the 
     Enterprise for Innovative Geospatial Solutions.
       (16) $2,000,000 to Mississippi State University for the 
     Geospatial and Natural Resources Institute.
       (17) $1,600,000 to the University of New Mexico for the 
     Center for Rapid Environmental Assessment and Terrain 
     Evaluation.
       (18) $3,000,000 for the University of Alaska for weather 
     and ocean research.
       (19) $1,000,000 for the Pacific Northwest Collaboratory at 
     the Pacific Northwest National Laboratory to demonstrate 
     real-time applications of earth science data.
       (20) $1,000,000 to Glenn Research Center for the John Glenn 
     Biomedical Engineering Consortium.
       (21) $1,250,000 to Space Sciences Inc. in Montana for 
     microgravity related pharmaceutical development.

[[Page 28929]]

       (22) $2,000,000 for the University of Missouri 
     Bioinformatics Consortium for equipment purchase.
       (23) $1,500,000 for Truman State University Life Sciences 
     for laboratory equipment.
       (24) $5,000,000 for the development of an aeronautics 
     research budget covering the next 5 years allocated to the 
     National Institute for Aerospace located in Hampton, 
     Virginia, for contracting with industry and academia to 
     prepare such a budget plan no later than March 1, 2004.
       (25) $3,000,000 to Wichita State University, Wichita, 
     Kansas for the National Center for Composite Materials 
     Performance.
       (26) $1,000,000 to Wichita State University, Wichita, 
     Kansas, for the Critical Aircraft Icing project.
       (27) $1,000,000 to the Delaware Aerospace Education and 
     Foundation, Kent County, Delaware.
       (28) $2,000,000 to Wheeling Jesuit University for the 
     National Technology Transfer Center.
       (29) $600,000 to the Challenger Center in Kenai, Alaska.
       (30) $1,000,000 to the Virginia Commonwealth University, 
     Richmond, Virginia for advance research in batteries and fuel 
     cells.
       (31) $1,500,000 to the University of Montana in Missoula, 
     Montana for the National Space Privatization Program.
       (32) $2,000,000 for the Denver Museum of Nature and Science 
     in Denver, Colorado for equipment for the Space Sciences 
     Museum.
       (33) $1,500,000 for the Adventure Science Center in 
     Nashville, Tennessee for the Sudekum Planetarium.
       (34) $500,000 for the University of Northern Iowa in Cedar 
     Falls, Iowa for the Existing Business Enhancement Program.
       (35) $1,300,000 for Iowa State University for the PIPELINES 
     Project.
       (36) $1,000,000 for the Metropolitan School District of 
     Decatur Township Indiana for the Challenger Learning Center 
     Expansion.
       (37) $1,700,000 for Northern Kentucky University/University 
     of Louisville for a digital science center.
       (38) $2,000,000 for the University of Alabama in Huntsville 
     for the Center for Modeling Simulation and Analysis.
       (39) $1,000,000 for the Oregon Museum of Science and 
     Industry for the space science education distance learning 
     program.
       (40) $1,000,000 for Southeast Missouri State University for 
     the NASA ERSC Outreach Project.
       (41) $1,500,000 for Dominican University's Center for 
     Science and Technology for project based learning.
       (42) $200,000 to Wheeling Jesuit University in West 
     Virginia for Classroom of the Future.
       (43) $2,000,000 to the University of Connecticut for the 
     Center for Land Use Education and Research.
       (44) $2,000,000 to Iowa State University, Ames, Iowa for 
     non-destructive evaluation studies.
       (45) $500,000 to the Des Moines Science Center, Des Moines, 
     Iowa.
       (46) $2,000,000 for the School of Science and Mathematics 
     at the College of Charleston, Charleston, South Carolina.
       (47) $3,000,000 to the University of Hawaii, Hilo for the 
     Mauna Kea Astronomy Education Center.
       (48) $1,500,000 to Space Education Initiative, Wisconsin 
     for the Wisconsin Geoscience Education initiative.
       (49) $1,000,000 to the Youth Achievers Committee of New 
     Jersey, Burlington County, New Jersey for the Youth 
     Achievement Committee Science and Math Initiative.
       (50) $500,000 to the University of Vermont, Burlington, 
     Vermont for the Center for Advanced Computing.
       (51) $1,000,000 to Wayne State University, Detroit, 
     Michigan for the Center of Smart Sensors and Integrated 
     Microsystems.
       (52) $1,000,000 for Wellpinit School District in Wellpinit, 
     Washington for the Virtual Classroom Project.
       (53) $1,500,000 for the Mitchell Institute, Portland, 
     Maine, for science and engineering education.


                  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, $7,648,907,000,
                                 ______
                                 
  SA 2188. Mr. INHOFE submitted an amendment intended to be proposed to 
amendment SA 2150 proposed by Mr. Bond (for himself and Ms. Mikulski) 
to the bill H.R. 2861, making appropriations for the Departments of 
Veterans Affairs and Housing and Urban Development, and for sundry 
independent agencies, boards, commissions, corporations, and offices 
for the fiscal year ending September 30, 2004, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 125, between lines 7 and 8, insert the following:

            TITLE V--SECURITY OF WASTEWATER TREATMENT WORKS

     SEC. 501. SHORT TITLE.

       This title may be cited as the ``Wastewater Treatment Works 
     Security Act of 2003''.

     SEC. 502. WASTEWATER TREATMENT WORKS SECURITY.

       Title II of the Federal Water Pollution Control Act (33 
     U.S.C. 1281 et seq.) is amended by adding at the end the 
     following:

     ``SEC. 222. WASTEWATER TREATMENT WORKS SECURITY.

       ``(a) Definition of Vulnerability Assessment.--
       ``(1) In general.--In this section, the term `vulnerability 
     assessment' means an assessment of the vulnerability of a 
     treatment works to an unlawful action intended--
       ``(A) to substantially disrupt the ability of the treatment 
     works to safely and reliably operate; or
       ``(B) to have a substantial adverse effect on critical 
     infrastructure, public health or safety, or the environment.
       ``(2) Inclusions.--The term `vulnerability assessment' 
     includes--
       ``(A) a review of the vulnerabilities of the treatment 
     works that identifies, with respect to the treatment works--
       ``(i) facilities, systems, and devices used in the storage, 
     treatment, recycling, or reclamation of municipal sewage or 
     industrial wastes;
       ``(ii) intercepting sewers, outfall sewers, sewage 
     collection systems, and other constructed conveyances;
       ``(iii) electronic, computer, and other automated systems;
       ``(iv) pumping, power, and other equipment;
       ``(v) use, storage, and handling of various chemicals; and
       ``(vi) operation and maintenance procedures; and
       ``(B) the identification of procedures, countermeasures, 
     and equipment that a treatment works may implement or use to 
     reduce the vulnerabilities of the treatment works identified 
     in a review described in subparagraph (A).
       ``(b) Grants for Vulnerability Assessments and Security 
     Enhancements.--The Administrator may provide grants to a 
     State, municipality, or intermunicipal or interstate agency--
       ``(1) to conduct a vulnerability assessment of a publicly 
     owned treatment works; and
       ``(2) to implement security enhancements described in 
     subsection (c)(1) and other security enhancements to reduce 
     vulnerabilities identified in a vulnerability assessment.
       ``(c) Grants for Security Enhancements.--
       ``(1) Preapproved security enhancements.--Except as 
     provided in paragraph (3), on certification by an applicant 
     that a vulnerability assessment has been completed for a 
     treatment works, and that the security enhancement for which 
     assistance is sought is for the purpose of reducing 
     vulnerabilities of the treatment works identified in the 
     vulnerability assessment, the Administrator may provide 
     grants to the applicant under subsection (b)(2) for 1 or more 
     of the uses described in paragraph (2).
       ``(2) Uses of grant funds.--The uses referred to in 
     paragraph (1) are--
       ``(A) the purchase and installation of equipment for 
     materials and activities relating to access control, 
     intrusion prevention and delay, and detection of intruders 
     and hazardous or dangerous substances, including--
       ``(i) barriers, fencing, and gates;
       ``(ii) security lighting and cameras;
       ``(iii) metal grates, wire mesh, and outfall entry 
     barriers;
       ``(iv) securing of manhole covers and fill and vent pipes;
       ``(v) installation and rekeying of doors and locks; and
       ``(vi) smoke, chemical, and explosive mixture detection 
     systems;
       ``(B) the conduct of an activity to improve the security 
     for electronic, computer, or other automated systems and 
     remote security systems, including--
       ``(i) controlling access to those systems;
       ``(ii) intrusion detection and prevention; and
       ``(iii) system backup;
       ``(C) participation in a training program, and the purchase 
     of training manuals and guidance material, relating to 
     security; and
       ``(D) the conduct of security screening of employees or 
     contractor support services.
       ``(3) Additional security enhancements.--
       ``(A) Grants.--The Administrator may provide a grant under 
     subsection (b) to an applicant for additional security 
     enhancements not specified in paragraph (2).

[[Page 28930]]

       ``(B) Eligibility.--To be eligible for a grant under this 
     subsection, an applicant shall--
       ``(i) submit to the Administrator an application containing 
     a description of the security enhancement; and
       ``(ii) obtain approval of the application by the 
     Administrator.
       ``(4) Limitations.--
       ``(A) Use of funds.--A grant provided under subsection (b) 
     shall not be used for--
       ``(i) payment of personnel costs; or
       ``(ii) operation or maintenance of facilities, equipment, 
     or systems.
       ``(B) Disclosure of vulnerability assessment.--As a 
     condition of applying for or receiving a grant under this 
     subsection, the Administrator may not require an applicant to 
     provide the Administrator with a copy of a vulnerability 
     assessment.
       ``(d) Grant Amounts.--
       ``(1) Federal share.--The Federal share of the cost of an 
     activity funded by a grant under subsection (b) shall not 
     exceed 75 percent, as determined by the Administrator.
       ``(2) Maximum amount.--The total amount of grants made 
     under subsection (b) for any publicly owned treatment works 
     shall not exceed $150,000, as determined by the 
     Administrator.
       ``(e) Technical Assistance for Small Publicly Owned 
     Treatment Works.--
       ``(1) Definition of small publicly owned treatment works.--
     In this subsection, the term `small publicly owned treatment 
     works' means a publicly owned treatment works that services a 
     population of fewer than 20,000 individuals.
       ``(2) Security assessment and planning assistance.--
       ``(A) In general.--The Administrator, in coordination with 
     the States, may provide technical guidance and assistance to 
     small publicly owned treatment works for--
       ``(i) the conduct of a vulnerability assessment; and
       ``(ii) the implementation of security enhancements to 
     reduce vulnerabilities identified in a vulnerability 
     assessment.
       ``(B) Inclusions.--Technical guidance and assistance 
     provided under subparagraph (A) may include technical 
     assistance programs, training, and preliminary engineering 
     evaluations.
       ``(3) Participation by nonprofit organizations.--The 
     Administrator may provide grants to nonprofit organizations 
     to assist in accomplishing the purposes of this subsection.
       ``(f) Refinement of Vulnerability Assessment Methodology 
     for Publicly Owned Treatment Works.--
       ``(1) Grants.--The Administrator may provide to nonprofit 
     organizations 1 or more grants to be used in improving 
     vulnerability assessment methodologies and tools for publicly 
     owned treatment works, including publicly owned treatment 
     works that are part of a combined public wastewater treatment 
     and water supply system.
       ``(2) Eligible activities.--A grant provided under this 
     subsection may be used--
       ``(A) to develop and distribute vulnerability self-
     assessment methodology software upgrades;
       ``(B) to improve and enhance critical technical and user 
     support functions;
       ``(C) to expand libraries of information addressing threats 
     and countermeasures; and
       ``(D) to implement user training initiatives.
       ``(3) Cost.--A service described in paragraph (2) that is 
     funded by a grant under this subsection shall be provided at 
     no cost to the recipients of the service.
       ``(g) Authorization of Appropriations.--There is authorized 
     to be appropriated, to remain available until expended--
       ``(1) $200,000,000 for use in making grants under 
     subsection (b);
       ``(2) $15,000,000 for use in providing assistance under 
     subsection (e); and
       ``(3) to carry out subsection (f), $1,000,000 for each of 
     fiscal years 2003 through 2007.''.

     SEC. 503. RESEARCH AND REVIEW.

       Title II of the Federal Water Pollution Control Act (33 
     U.S.C. 1281 et seq.) (as amended by section 502) is amended 
     by adding at the end the following:

     ``SEC. 223. RESEARCH AND REVIEW.

       ``(a) Definitions.--In this section:
       ``(1) Covered treatment works.--The term `covered treatment 
     works' has the meaning given the term `treatment works' in 
     section 212.
       ``(2) Harmful intentional act.--The term `harmful 
     intentional act' means a terrorist attack or other 
     intentional act carried out with respect to a covered 
     treatment works that is intended--
       ``(A) to substantially disrupt the ability of the covered 
     treatment works to provide safe and reliable--
       ``(i) conveyance and treatment of wastewater;
       ``(ii) disposal of effluent; or
       ``(iii) storage of a potentially hazardous chemical used to 
     treat wastewater;
       ``(B) to damage critical infrastructure;
       ``(C) to have an adverse effect on the environment; or
       ``(D) to otherwise pose a significant threat to public 
     health or safety.
       ``(b) Review by Administrator.--Not later than 2 years 
     after the date of enactment of this section, the 
     Administrator, in coordination with appropriate Federal 
     agencies, shall research and review (or enter into a contract 
     or cooperative agreement to provide for research and review 
     of)--
       ``(1) means by which terrorists or other individuals or 
     groups could carry out harmful intentional acts; and
       ``(2) means by which alternative processes of conveying, 
     treating, and disposing of wastewater could be provided in 
     the event of the destruction, impairment, or disruption of 
     covered treatment works as the result of harmful intentional 
     acts.
       ``(c) Means of Carrying Out Harmful Intentional Acts.--
     Means referred to in subsection (b)(1) include--
       ``(1) means by which pipes and other constructed 
     conveyances used in covered treatment works could be 
     destroyed or otherwise prevented from providing adequate 
     conveyance, pretreatment, treatment, and disposal of 
     wastewater meeting applicable public health standards;
       ``(2) means by which conveyance, pretreatment, treatment, 
     storage, and disposal facilities used by, or in connection 
     with, covered treatment works could be destroyed or otherwise 
     prevented from providing adequate treatment of wastewater 
     meeting applicable public health standards;
       ``(3) means by which pipes, constructed conveyances, 
     pretreatment, treatment, storage, and disposal systems that 
     are used in connection with treatment works could be altered 
     or affected so as to pose a threat to public health, public 
     safety, or the environment;
       ``(4) means by which pipes, constructed conveyances, 
     pretreatment, treatment, storage, and disposal systems that 
     are used in connection with covered treatment works could be 
     reasonably protected from harmful intentional acts;
       ``(5) means by which pipes, constructed conveyances, 
     pretreatment, treatment, storage, and disposal systems could 
     be reasonably secured from use as a means of transportation 
     by terrorists or other individuals or groups who intend to 
     threaten public health or safety; and
       ``(6) means by which information systems, including process 
     controls and supervisory control, data acquisition, and cyber 
     systems, at covered treatment works could be disrupted by 
     terrorists or other individuals or groups.
       ``(d) Considerations.--In carrying out the review under 
     this section, the Administrator--
       ``(1) shall ensure that the review reflects the needs of 
     covered treatment works of various sizes and various 
     geographic areas of the United States; and
       ``(2) may consider the vulnerability of, or potential for 
     forced interruption of service for, a region or service area, 
     including the National Capital Area.
       ``(e) Information Sharing.--As soon as practicable after 
     the review carried out under this section has been evaluated 
     by the Administrator, the Administrator shall disseminate to 
     covered treatment works information on the results of the 
     review through the Information Sharing and Analysis Center or 
     other appropriate means.
       ``(f) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $15,000,000 for 
     the period of fiscal years 2004 through 2008.''.

     SEC. 504. FUNDING.

       Notwithstanding any other provision of this Act, of the 
     amounts made available by this Act to the Administrator of 
     the Environmental Protection Agency for security purposes, 
     the Administrator may use such sums as are necessary to 
     provide grants under section 222(b) of the Federal Water 
     Pollution Control Act (as added by section 502).
                                 ______
                                 
  SA 2189. Mr. INHOFE submitted an amendment intended to be proposed to 
amendment SA 2150 proposed by Mr. Bond (for himself and Ms. Mikulski) 
to the bill H.R. 2861, making appropriations for the Departments of 
Veterans Affairs and Housing and Urban Development, and for sundry 
independent agencies, boards, commissions, corporations, and offices 
for the fiscal year ending September 30, 2004, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 106, between lines 20 and 21, insert the following:

     SEC. __. DESIGNATIONS OF AREAS FOR PM2.5 AND 
                   SUBMISSION OF IMPLEMENTATION PLANS FOR REGIONAL 
                   HAZE.

       (a) In General.--Section 107(d) of the Clean Air Act (42 
     U.S.C. 7407(d)) is amended by adding at the end the 
     following:
       ``(6) Designations.--
       ``(A) Submission.--Notwithstanding any other provision of 
     law, not later than February 15, 2004, the Governor of each 
     State shall submit designations referred to in paragraph (1) 
     for the July 1997 PM2.5 national ambient air 
     quality standards for each area within the State, based on 
     air quality monitoring data collected in accordance with any 
     applicable Federal reference methods for the relevant areas.
       ``(B) Promulgation.--Notwithstanding any other provision of 
     law, not later than December 31, 2004, the Administrator 
     shall, consistent with paragraph (1), promulgate the

[[Page 28931]]

     designations referred to in subparagraph (A) for each area of 
     each State for the July 1997 PM2.5 national 
     ambient air quality standards.
       ``(7) Implementation plan for regional haze.--
       ``(A) In general.--Notwithstanding any other provision of 
     law, not later than 3 years after the date on which the 
     Administrator promulgates the designations referred to in 
     paragraph (6)(B) for a State, the State shall submit, for the 
     entire State, the State implementation plan revisions to meet 
     the requirements promulgated by the Administrator under 
     section 169B(e)(1) (referred to in this paragraph as 
     `regional haze requirements').
       ``(B) No preclusion of other provisions.--Nothing in this 
     paragraph precludes the implementation of the agreements and 
     recommendations stemming from the Grand Canyon Visibility 
     Transport Commission Report dated June 1996, including the 
     submission of State implementation plan revisions by the 
     States of Arizona, California, Colorado, Idaho, Nevada, New 
     Mexico, Oregon, Utah, or Wyoming by December 31, 2003, for 
     implementation of regional haze requirements applicable to 
     those States.''.
       (b) Relationship to Transportation Equity Act for the 21st 
     Century.--Except as provided in paragraphs (6) and (7) of 
     section 107(d) of the Clean Air Act (as added by subsection 
     (a)), section 6101, subsections (a) and (b) of section 6102, 
     and section 6103 of the Transportation Equity Act for the 
     21st Century (42 U.S.C. 7407 note; 112 Stat. 463), as in 
     effect on the day before the date of enactment of this Act, 
     shall remain in effect.
                                 ______
                                 
  SA 2190. Mr. GRAHAM of Florida submitted an amendment intended to be 
proposed by him to the bill H.R. 2861, making appropriations for the 
Departments of Veterans Affairs and Housing and Urban Development, and 
for sundry independent agencies, boards, commissions, corporations, and 
offices for the fiscal year ending September 30, 2004, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title I, add the following:
       Sec. 116. Provision of Out-Patient Medication Benefit for 
     Medicare-Eligible Veterans.--Section 1712 of title 38, United 
     States Code, is amended--
       (1) by redesignating subsection (e) as subsection (f); and
       (2) by inserting after subsection (d) the following new 
     subsection (e):
       ``(e)(1) The Secretary shall furnish to any medicare-
     eligible veteran on an out-patient basis such drugs and 
     medicines as may be ordered on prescription of a duly 
     licensed physician as specific therapy in the treatment of 
     any illness or injury suffered by such veteran.
       ``(2) In this subsection, the term `medicare-eligible 
     veteran' means any veteran who--
       ``(A) is entitled to or enrolled in hospital insurance 
     benefits under part A of title XVIII of the Social Security 
     Act (42 U.S.C. 1395 et seq.); or
       ``(B) is enrolled in the supplementary medical insurance 
     program under part B of such title (42 U.S.C. 1395j et seq.).
       ``(3) The furnishing of drugs and medicines under this 
     subsection shall be subject to the provisions of section 
     1722A(b) of this title.''.
       (b) Copayment Requirements.--
       (1) In general.--Section 1722A of such title is amended--
       (A) in subsection (a)(1), by inserting ``(other than a 
     veteran covered by subsection (b))'' after ``require a 
     veteran'';
       (B) by redesignating subsections (b), (c), and (d), as 
     subsections (c), (d), and (e), respectively;
       (C) by inserting after subsection (a) the following new 
     subsection (b):
       ``(b)(1) In the case of a veteran who is furnished 
     medications on an out-patient basis under section 1712(e) of 
     this title, the Secretary shall require the veteran to pay, 
     at the election of the Secretary, one or more of the 
     following:
       ``(A) An annual enrollment fee in an amount determined 
     appropriate by the Secretary.
       ``(B) A copayment for each 30-day supply of such 
     medications in an amount determined appropriate by the 
     Secretary.
       ``(C) An amount equal to the cost to the Secretary of such 
     medications, as determined by the Secretary.
       ``(2)(A) In determining the amounts to be paid by a veteran 
     under paragraph (1), and the basis of payment under one or 
     more subparagraphs of that paragraph, the Secretary shall 
     ensure that the total amount paid by veterans for medications 
     under that paragraph in a year is not less than the costs of 
     the Department in furnishing medications to veterans under 
     section 1712(e) of this title during that year, including the 
     cost of purchasing and furnishing medications, and other 
     costs of administering that section.
       ``(B) The Secretary shall take appropriate actions to 
     ensure, to the maximum extent practicable, that amounts paid 
     by veterans under paragraph (1) in a year are equal to the 
     costs of the Department referred to in subparagraph (A) in 
     that year.
       ``(3) In determining amounts under paragraph (1), the 
     Secretary may take into account the following:
       ``(A) Whether or not the medications furnished are generic 
     medications or brand name medications.
       ``(B) Whether or not the medications are furnished by mail.
       ``(C) Whether or not the medications furnished are listed 
     on the National Prescription Drug Formulary of the 
     Department.
       ``(D) Any other matters the Secretary considers 
     appropriate.
       ``(4) The Secretary may from time to time adjust any amount 
     determined by the Secretary under paragraph (1), as 
     previously adjusted under this paragraph, in order to meet 
     the purpose specified in paragraph (2).''; and
       (D) in subsection (d), as so redesignated--
       (i) by striking ``subsection (a)'' and inserting 
     ``subsections (a) and (b)''; and
       (ii) by striking ``subsection (b)'' and inserting 
     ``subsection (c)''.
       (2) Deposit of collections in medical care collections 
     fund.--Paragraph (4) of section 1729A(b) of such title is 
     amended to read as follows:
       ``(4) Subsection (a) or (b) of section 1722A of this 
     title.''.
       (c) Clerical Amendments.--(1) The heading for section 1712 
     of such title is amended by striking ``for certain disabled 
     veterans''.
       (2) The table of sections at the beginning of chapter 17 of 
     such title is amended in the item relating to section 1712 by 
     striking ``for certain disabled veterans''.

                          ____________________