[Congressional Record (Bound Edition), Volume 149 (2003), Part 21]
[Senate]
[Pages 29318-29344]
[From the U.S. Government Publishing Office, www.gpo.gov]



  (At the request of Mr. Daschle, the following statement was ordered 
to be printed in the Record.)
 Mr. KERRY. Mr. President, I would like to take this 
opportunity to express my appreciation to Chairman Bond and Senator 
Mikulski for their hard work in developing the Senate fiscal year 2004 
VA-HUD and Independent Agencies appropriations bill. Considering the 
low authorization level for this important bill, they have done an 
excellent job maintaining priorities in Veterans health care, the 
environment and housing. It is vital that the full Senate-passed amount 
for Veterans healthcare be maintained in conference so that we don't 
lose more ground in caring for those who have borne the battle. 
However, it is obvious that additional resources are critically needed 
for many programs in these areas if they are to work as intended.
  Understanding the difficult authorization level facing this 
committee, I would still like to express my strong support for 
additional funding for YouthBuild in the fiscal year 2004 VA-HUD and 
Independent Agencies conference report. Despite the repeated support of 
over 57 of our Senate colleagues for a funding level of $90 million, 
and despite the President's Budget request and House-passed level of 
$65 million, the Senate bill could only provide $60 million for a 
program that has proven its value and that is crucial to the lives of 
many young people. At the same time, 1,400 YouthBuild participants who 
are building housing for homeless and low-income people have lost 
access to AmeriCorps education awards due to the cutbacks in 
AmeriCorps.
  Each year, YouthBuild receives strong bipartisan support because the 
program works. Eighty-five percent of students who complete the 
YouthBuild program either secure a job--at an average wage of more than 
$7.60 per hour--or go on to postsecondary education. The program's 
success rate is especially notable since YouthBuild serves an at-risk 
population, 80 percent of whom have previously dropped out of high 
school.
  YouthBuild is a uniquely comprehensive program that offers at-risk 
youth an immediately productive role rebuilding their communities. 
Along with attending basic education classes for 50 percent of the 
program time, students receive job skills training in the well-paid 
construction field, personal counseling from respected mentors, a 
supportive peer group with positive values, and experience in community 
leadership and civic engagement. To date, 25,000 YouthBuild students 
have built over 10,000 units of affordable housing.
  Despite its obvious success, YouthBuild is losing ground with more 
than 30 sites that have closed due to lack of funds since 1996. Most of 
the remaining programs enroll 25 percent fewer students than they did 
in 1997. In 2001, 56 experienced YouthBuild sites that qualified for 
funding from HUD did not receive it solely due to a lack of funding. 
Only two local programs have been funded continuously since 1994.
  During the House-Senate conference, I hope that the Senate will yield 
to the House and provide $65 million for YouthBuild as the President 
has requested and the House of Representatives has provided. This is 
the least we can do. We must continue to fight to open the doors of 
opportunity and service to America's youth by supporting 
YouthBuild.
  Mr. McCAIN. Mr. President, I want to thank both Senator Bond and 
Senator Mikulski for their hard work on this important legislation 
which provides federal funding for the Departments of Veterans Affairs 
(VA) and Housing and Urban Development, and Independent Agencies. 
Unfortunately, I must again speak about the unacceptably high funding 
levels of parochial projects in this appropriations bill. Overall, this 
legislation contains approximately $1.2 billion in unrequested spending 
and locality-specific earmarks.
  The Committee provides $29.3 billion in discretionary funding for the 
VA. That amount is $1.3 billion more than the President's budget 
request and $2.8 billion above the amount in fiscal year 2003. Some 
progress has been made to reduce the overall amount of earmarks for the 
VA in this spending bill.
  Among other Senators who have stood on the Senate floor to fight for 
additional funding for veterans' healthcare, I am concerned that the 
Committee has directed critical dollars from veterans' healthcare to 
fund spending projects that have not been properly reviewed. Certain 
provisions funded under the VA in this legislation illustrate that 
Congress still does not have its priorities in order.
  One especially troubling expense, neither budgeted for nor requested 
by the Administration over the past twelve years, is a provision that 
directs the VA to continue the twelve year old demonstration project 
involving the Clarksburg, WV, Veterans Affairs Medical Center (VAMC) 
and the Ruby Memorial Hospital at West Virginia University. Several 
years ago, the VA-HUD appropriations bill contained a plus-up of $2 
million for the Clarksburg VAMC that ended up on the Administration's 
line-item veto list and since then the millions keep flowing.
  Three years ago, the Committee `recommended' $1 million for the 
design of a nursing home care unit at the Beckley, WV, VAMC. Two years 
ago they strengthened their report language urging `the VA to 
accelerate the design of the nursing home care unit at the Beckley, WV 
VAMC.'' Last year, they

[[Page 29319]]

have urged the VA ``to include sufficient funding'' for a new nursing 
home care unit at the Beckley, WV VAMC. This year, they urge the VA to 
include sufficient funding in the 2005 budget request.
  For St. Louis, MO, the Committee `encouraged' the VA to pursue an 
innovative approach at a cost of $7 million for leasing parking spaces 
at the John Cochran Division of the VA Medical Center in St. Louis as a 
means to address a parking shortfall at the VA hospital.
  Additionally, the Committee ``supports continuation'' at the current 
spending level of the Rural Veterans Health Care Initiative at the 
White River Junction, VT VAMC. The current level is an astounding $7 
million.
  While I am encouraged by the increase specifically in veterans health 
care funding over last year's enacted levels, we must do much more. We 
made a promise to our veterans that we would take care of their mental 
and physical health needs incurred for their many sacrifices for our 
nation. The VA currently has an incredible backlog of claims. 
Currently, four out of every ten claims for veterans' disability 
benefits are decided incorrectly further contributing to the backlog. 
The millions in dollars wasted in pork barrel spending would go a long 
way to decreasing the backlog in veterans claims by funding additional 
claims adjudicators and training.
  I would be remiss if I did not point out the provisions in this 
legislation related to AmeriCorps. Whether it is tutoring inner-city 
youth or fighting forest fires in the West, the lives of countless 
people are touched by AmeriCorps. AmeriCorps' efforts to reach out to 
those affected by natural disasters are paying serious dividends. Over 
246,000 victims of fires, floods and hurricanes have been aided by 
AmeriCorps volunteers working in conjunction with groups such as the 
American Red Cross.
  Despite AmeriCorps' countless success stories, the appropriators have 
funded AmeriCorps $93.2 million below the President's request, while 
imposing incredibly restrictive report language that could very well 
fundamentally change the face of a very successful program.
  I was heartened when I saw that the President requested funding to 
expand AmeriCorps to 75,000 volunteers in Fiscal Year 2004. This was an 
important first step on the road to large scale expansion of 
AmeriCorps. Despite the President's request, the appropriators took it 
upon themselves to ensure that we do not provide adequate funding to 
reach this ambitious level set forth by the President. The 
Appropriations Committee's counterparts in the House of Representatives 
funded AmeriCorps with $23.4 million more than the Senate, yet only 
believe that they can fund 55,000 volunteers.
  Everybody is well aware of money management problems that the 
Corporation for National Service and AmeriCorps have faced over the 
last few years. I am confident that the change in leadership at the 
corporation should help minimize the potential for these same problems 
to repeat themselves. However, if we do not provide the amount of money 
the corporation says it will need to fully fund 75,000 volunteers, we 
are inviting a disastrous repeat of history. If we do not want to 
repeat this summer's battle for supplemental funds for AmeriCorps, we 
must fully fund AmeriCorps to the level that the Corporation feels is 
adequate, not the appropriators.
  The last authorization for the AmeriCorps program lapsed in 1996. It 
is time to reauthorize the program. The Health, Education, Labor and 
Pensions Committee has oversight responsibility for this program. It is 
time that we hold hearings to reauthorize this program and markup the 
Call to Service Act, which I authored with Senator Bayh and Senator 
Kennedy. If there is a need to impose restrictions on how AmeriCorps 
chooses its volunteers or how awards are given out, the HELP committee 
is where that debate needs to take place, not by the appropriators, 
without so much as a hearing. We have no idea what effect the 
restrictions in this legislation will have on AmeriCorps. We have not 
bothered to run them by the Corporation. Mr. President, we are failing 
in our oversight responsibilities.
  The overwhelming support for AmeriCorps among the grassroots groups 
is clear. Recently, an event called Voices for AmeriCorps was staged. 
This 100-hour event featured 130 AmeriCorps Alumni and 51 Members of 
Congress. In all over 700 people, representing 47 states expressed 
their support for AmeriCorps. During the summer, letters were sent to 
the President urging him to support an emergency appropriation request 
for AmeriCorps. These letters were sent by a bipartisan group of 79 
Senators, 228 members of the House of Representatives, 44 Governors and 
148 Mayors. The list of supporters is not restricted to elected 
officials. 250 private sector leaders took out a full page ad in The 
New York Times expressing support. 1100 community organizations have 
shown their support. The support for AmeriCorps is clear. It is time 
that we acknowledge their efforts and not only fully fund the 
President's request but expand AmeriCorps to new levels.
  This legislation also contains the funding for the Department of 
Housing and Urban Development. The programs administered by HUD help 
our nation's families purchase their homes, helps many low-income 
families obtain affordable housing, combats discrimination in the 
housing market, assists in rehabilitating neighborhoods and helps our 
nation's most vulnerable--the elderly, disabled and disadvantaged--have 
access to safe and affordable housing
  Unfortunately, this bill shifts money away from many critical housing 
and community programs by bypassing the appropriate competitive process 
and inserting earmarks and set-asides for special projects that 
received the attention of the Appropriations Committee. This is unfair 
to the many communities and families who do not have the good fortune 
of residing in a region of the country represented by a member of the 
Appropriations Committee.
  In the report accompanying this bill, the Appropriators have taken 
two accounts, originally created as competitive grant programs to be 
administered by HUD, and earmarked close to 100% of those accounts. 
This bill funds the Economic Development Initiative at $140 million. 
However, the report lists 331 earmarks for that program, totaling over 
$136 million. Similarly, the committee funds the Neighborhood 
Initiatives program at $21 million, with report language listing 20 
earmarks, totaling over $20 million. I am deeply concerned that once 
competitive programs have become nothing more than slush funds to 
fulfill influential members' parochial interests.
  Some of the earmarks for special projects in this legislation 
include:
  $1,000,000 for the Tongass Coast Aquarium in Ketchikan, AK for 
improvements;
  $400,000 for Love, Inc. in Fairbanks, AK for a social service 
facility;
  $250,000 for the Alaska Aviation Heritage Museum in Anchorage for 
improvements;
  $1,000,000 for Fort Westernaire in Golden, CO for the expansion of 
the Westernaire museum;
  $500,000 for Miami Dade County, FL for the construction of the Miami 
Dade County Performing Arts Center;
  $500,000 for the Hawaii Nature Center in Wailuku, HI for the Maui 
Renovation Project;
  $500,000 for the Field Museum in Chicago, IL;
  $100,000 for the Iowa State Fair Board in DesMoines, IA for a 
statewide awareness and education/exhibit.
  $280,000 for the City of Waterloo, IA for the John Deere brownfield 
and bio-based incubator project;
  $500,000 for the B&O Railroad Museum in Baltimore, MD for building 
renovations;
  $187,500 for Heartland Corn Products in Winthrop, MN for construction 
of a new facility;
  $100,000 for the Graveyard of the Atlantic Museum in Hateras, NC to 
complete construction;
  $450,000 for the Johnny Appleseed Heritage Center, Inc. in Ashland 
County, OH for construction of facilities;
  $200,000 for Holt Hotel in Wichita Falls, TX for continued 
renovations to the Holt Hotel;

[[Page 29320]]

  $250,000 for the Walter Clore Wine and Culinary Center in Prosser, WA 
for costs associated with its construction;
  $500,000 for Appalachian Bible College in Beckley, WV to complete its 
library resource center; and
  $1,000,000 for the Huntington Area Development Council in Huntington, 
WV for the construction of a business incubator.
  This bill also funds the Environmental Protection Agency which 
provides resources to help state, local and tribal communities enhance 
capacity and infrastructure to better address their environmental 
needs.
  Mr. President, the most egregious provision under the EPA section is 
the language that would significantly change states' authority under 
the Clean Air Act in order to protect an engine manufacturer in 
Missouri. This policy change has been advanced to serve the concerns of 
Briggs and Stratton, although its September 2003 filing to the SEC 
indicated that there would not be ``a material effect on its financial 
condition or results of operations'' and it has not been able to 
substantiate job loss claims. However, what has been substantiated by 
the many public health, state environmental departments, and 
environmental groups opposed to this are the detrimental effects it 
would have on air quality including ozone levels in many states, 
including my own. On behalf of the health of the citizens of our 
respective states, every Senator in this chamber should oppose this 
blatant and unacceptable change in national air pollution control 
policy which restricts every state's ability to make decisions that 
best serve the economic and environmental interests of the state.
  I support directing more resources to communities that are most in 
need and facing serious public health and safety threats from 
environmental problems. Unfortunately, after a review of this year's 
bill for EPA programs, I do not believe that we are responding to the 
most urgent environmental needs. Our nation's key environmental laws 
are an empty promise of protection without adequate enforcement. I am 
gratified that Senator Lautenberg's amendment was accepted to bring 
essential enforcement activities at EPA to levels comparable to last 
year's appropriation. Enforcement actions have been declining 
significantly in conjunction with the Administration's enforcement 
budget cuts. We cannot allow this trend to continue and uphold our 
responsibility to protect human health and our vital natural resources 
under existing laws.
  The funding priorities in this bill seem to be slanted toward 
satisfying parochial and institutional interests rather than providing 
for robust implementation of national environmental laws. Many of the 
earmarks provided for the EPA are targeted for consortiums, 
universities, or foundations. There are many environmental needs in 
communities back in my home state of Arizona, but these communities 
will be denied funding as long as we continue to tolerate earmarking 
that circumvents a regular merit-review process.
  For example, some of the earmarks include:
  An increase of $500,000 for the painting and coating assistance 
initiative through the University of Northern Iowa;
  An increase of $500,000 for the Kenai River Center in Kenai, AK;
  An increase of $1,000,000 for the University of South Alabama for the 
Center for Estuarine Research;
  An increase of $250,000 for the Midwest Technology Assistance Center 
at the University of Illinois;
  An increase of $400,00 for the County of Hawaii and the Hawaii Island 
Economic Development Board for community-based waste recycling and 
reuse system;
  An increase of $425,000 for Southeastern Louisiana University for the 
Turtle Cove research station;
  $1 million for the Solid Waste Authority of Palm Beach County, FL for 
continued construction of the Tri-County Biosolids Pelletization 
Facility;
  $600,000 for the City of Jackson, TN for the Sandy Creek Sanitary 
Sewer Overflow Project;
  $1 million for Washoe County, NV for the North Lemmon Valley 
Artificial Recharge Project;
  $400,000 for Wright City, MO for the construction of an elevated 
water storage tank; and
  $300,000 to the City of Lancaster to construct an advanced 
ultrafiltration membrane water treatment system in Lancaster County, 
PA.
  While these projects may be important, why do they rank higher than 
other environmental priorities? It is also important to note that none 
of the earmarks for the EPA were even requested by the President's 
budget.
  For independent agencies such as the National Aeronautics and Space 
Administration, this bill also includes earmarks of money for locality-
specific projects such as:
  An increase of $2.5 million to Marshall University in Bridgeport, WV 
for the Hubble Telescope Project;
  An increase of $2.5 million to the University of Mississippi for the 
Enterprise for Innovative Geospatial Solutions;
  An increase of $3 million for the University of Alaska for weather 
and ocean research;
  An increase of $1 million to the Delaware Aerospace Education and 
Foundation in Kent County, DE;
  An increase of $1.5 million for the Adventure Science Center in 
Nashville, TN for the Sudekum Planetarium;
  An increase of $2 million to Texas Tech University in Lubbock, TX for 
equipment at the Experimental Sciences Building; and
  An increase of $1 million to Utah State University in Logan, UT for 
the Intermountain Region Digital Image Archive and Processing Center.
  I want to alert my colleagues to what I consider to be a very serious 
funding issue concerning the future of our space program.
  As Chairman of the Senate Committee on Commerce, Science, and 
Transportation, which has authorizing jurisdiction over NASA, I am 
greatly concerned that we apparently have not learned from last 
February's tragic Columbia Space Shuttle accident. What I find to be 
particularly remarkable is that while the Appropriators were not able 
to fully fund NASA, somehow the accompanying report still earmarks 
$81.6 million worth of pork and unrequested items in NASA's Science, 
Aeronautics and Exploration Account. Clearly, now more than ever, we 
should be doing everything in our power to ensure we aren't short-
changing NASA safety needs.
  The Columbia Accident Investigation Board (CAIB), which was assigned 
to determine the cause of that accident and to prevent future 
accidents, describes NASA as, ``An Agency Trying To Do Too Much With 
Too Little.'' The CAIB report, released in August, describes NASA's 
budget situation as follows:

       Between 1993 and 2002, the government's discretionary 
     spending grew in purchasing power by more than 25 percent, 
     defense spending by 15 percent, and non-defense spending by 
     40 percent. NASA's budget, in comparison, showed little 
     change, going from $14.31 billion in Fiscal Year 1993 to a 
     low of $13.6 billion in Fiscal Year 2000, and increasing to 
     $14.87 billion in Fiscal Year 2002. This represented a loss 
     of 13 percent in purchasing power over the decade.

  The report also raised very serious concerns regarding how earmarking 
has restricted NASA's ability to fund its priorities:

       Pressure on NASA's budget has come not only from the White 
     House, but also from the Congress. In recent years there has 
     been an increasing tendency for the Congress to add 
     ``earmarks''--congressional additions to the NASA budget 
     request that reflect targeted Members' interests. These 
     earmarks come out of already-appropriated funds, reducing the 
     amounts available for the original tasks.

  Have we learned nothing from the Shuttle accident and the CAIB report 
findings? I am afraid not, since this bill does not provide the level 
of funding for NASA and its programs requested by the President, yet 
continues the disturbing trend of earmarking NASA's budget in ways that 
have nothing to do with fulfilling its mission and purpose. We must do 
better. As Admiral Gehman testified during one of the Senate Commerce 
Committee's hearings this year, when I asked him about

[[Page 29321]]

the effects of the $167 million that was earmarked in last year's 
appropriations bill (FY 2003), he said ``$100 million will buy a lot of 
safety engineers.'' Unfortunately, last year's earmarks did not allow 
for NASA to buy those needed safety engineers.
  I am not alone in my concern over the earmarks envisioned in this 
bill. The Administration's Statement of Administrative Policy goes so 
far as to call out an earmark for an entity in Hampton, VA, to prepare 
a research budget as ``one particularly troublesome earmark,'' stating 
that ``[b]udget development is clearly the purview of the executive 
branch and the Congress and the proposed effort is redundant and 
unnecessary.''
  I think that it is important to know how we are spending the 
taxpayers' hard earned money, and have included a list of these 
earmarks at the end of my statement.
  I would like to take a few moments to discuss the International Space 
Station (ISS). The bill provides $200 million less than the President's 
request at a time when a number of serious safety concerns have been 
raised about the Space Station.
  For example, William F. Readdy, the NASA Associate Administrator at 
the Office of Space Flight, testified before the Commerce Committee 
that the Space Station onboard environmental monitoring system which, 
``provides very high accuracy information on atmospheric composition 
and presence of trace elements . . . is not operating at full 
capacity.'' He also testified that the crew health countermeasures, 
which include an onboard treadmill and associated resistive exercise 
devices, were ``operating at various degrees of reduced capacity and 
needed to be repaired, upgraded or replaced.''
  Recent articles in the Washington Post paint an even more disturbing 
picture. An October 23, 2003, article describes:

       The problems with monitoring environmental conditions 
     aboard the space station have festered for more than a year, 
     some NASA medical officials said. Space station astronauts 
     have shown such symptoms as headaches, dizziness and ``an 
     inability to think clearly,'' according to a medical officer 
     who asked not to be named. The onboard sensors designed to 
     provide real-time analysis of the air, water and radiation 
     levels have been broken for months, which has made it 
     impossible to determine at any given time whether there is a 
     buildup of trace amounts of dangerous chemical compounds that 
     could sicken astronauts, or worse.

  A November 9, 2003, Washington Post article reports that:

       A recent NASA study found that the risk of fire aboard the 
     station has grown because the crew is stowing large 
     quantities of supplies, equipment and waste in front of or 
     near 14 portals that would be crucial for detecting and 
     extinguishing a fire in any of the station's various 
     compartments. There is also concern that a portion of the 
     station's water stores supplied by the Russians may have high 
     levels of carbon tetrachloride, a toxic contaminant.

  This article further stated that:

       As far back as March, internal studies warned of a host of 
     dangers for six separate systems, including the thermal 
     controls that cool the station's computers and interiors, 
     that would likely grow out of trying to run the station with 
     limited supplies and a caretaker crew of two instead of the 
     normal complement of three.

  Before the recent launch of Expedition 8, the Chief of NASA's 
Habitability and Environmental Factors Office and NASA's Chief of Space 
Medicine signed a dissent to the ``flight readiness certificate.'' The 
dissent declared that ``the continued degradation in the environmental 
monitoring system, exercise countermeasures system, and the health 
maintenance system, coupled with a planned increment duration of 
greater than 6 months and extremely limited resupply, all combine to 
increase the risk to the crew to the point where initiation of [the 
mission] is not recommended.
  These are very serious issues that cannot be ignored, yet here we 
are, about to approve more than $81 million for unrequested earmarks 
while underfunding more pressing needs. How will these cuts to the 
President's budget request affect the safety of the space station? Are 
we really willing to take any risks?
  Furthermore, how do we explain to the public that we could not find 
the money to fully fund the International Space Station, but were able 
to earmark $81.6 million worth of pork barrel funding in NASA's 
Science, Aeronautics and Exploration Account? Again, this is the very 
type of earmarking that the CAIB report identified as serious cause for 
concern.
  That this practice continues in the face of legitimate safety 
concerns is simply unacceptable given the tragedies experienced just 
this year. When one considers the importance of ensuring the safety of 
the astronauts aboard the Space Station, don't you have to question the 
funding priority for projects such as the ultra-long balloon program at 
New Mexico State University, and the Classroom of the Future at 
Wheeling Jesuit University in West Virginia? These and other projects 
are the types of earmarks discussed by the CAIB.
  The Statement of Administration Policy opposes this $200 million 
reduction, stating that: ``After diligently rebuilding reserves to 
place the Station on sound financial ground, this reduction would 
deplete reserves deemed critical by independent cost estimates and 
limit the program's ability to address risks in FY 2004, including 
impacts from the Columbia accident.'' In addition, I have been informed 
that this reduction would place at risk actions that NASA is taking to 
address the Independent Management and Cost Evaluation (IMCE) Task 
Force recommendations to ensure a ``credible'' ISS Program.
  This bill would also reduce funding for other NASA programs. For 
example, it would reduce funding for the Global Climate Change Research 
Initiative by $11 million, a decrease of 47 percent. This reduction 
would significantly impact the development of the Advanced Polarimeter 
Sensor, which is designed to measure methane, tropospheric ozone, 
aerosols and black carbon in the atmosphere. The proposed reduction 
would delay the purchase of ``long-lead'' item purchases, which could 
potentially delay the launch date of the satellite from 2007 to 2008.
  The bill also would reduce funding for the Jupiter Icy Moons Orbiter 
(JIMO) by $20 million. This reduction would disrupt and delay the 
formulation of the JIMO and its associated space nuclear power and 
propulsion technologies. It also would also reduce funding for the 
preparation of solicitations for the science community and science 
investigations. In addition, it would reduce funding for spacecraft 
studies by three competing industry teams, which would result in 
delayed, less efficient, and disrupted spacecraft conceptual design 
work. Most importantly, funding for the Department of Energy reactor 
studies and technology recapture activities would be reduced. The 
reactor is the ``long-lead'' component of JIMO, and any delay to the 
reactor could eventually delay the launch of the vehicle.
  Finally, the bill would reduce funding for NASA's Earth Science 
Applications by $15 million a 20 percent decrease. This decrease would 
suspend or terminate projects in over 12 states that support the 
integration of Earth observations into decision support systems. The 
reduction would also suspend NASA's interagency commitments to 
establish best-practice solutions for the integration of Earth science 
research results into products and services for food and fiber 
production, coastal management, energy management, aviation safety, 
disaster management, and air quality forecasting.
  It is important to note for all of these projects that further delays 
usually equate to greater cost.
  I think it is important to comment on the fact that the 
administration has not provided any cost estimates for the space 
shuttle's return to flight, even though NASA has issued two versions of 
its Return To Flight plan. It is difficult to expect an appropriations 
bill to provide sufficient resources without the relevant information 
from NASA regarding the cost of these Shuttle operations, and I 
continue to request the administration provide this critical 
information to the Congress.
  The CAIB has listed 15 recommendations that must be implemented 
before

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the Space Shuttle can return to flight. These recommendations vary in 
technical complexity, and include modifying the Memorandum of Agreement 
with the National Imagery and Mapping Agency to ensure that images are 
taken of each Shuttle while on orbit, and developing a comprehensive 
inspection plan using non-destructive inspection technology to 
determine the structural integrity of all Reinforced Carbon-Carbon 
system components. The CAIB also recommends that NASA prepare a 
detailed plan for establishing an independent Technical Engineering 
Authority, independent safety program, and reorganized Space Shuttle 
Integration Office. Some of these recommendations will potentially be 
expensive to implement, and the Congress needs to have an estimate of 
their cost soon. We cannot wait until the FY 2005 budget submission to 
find out how much Return To Flight activities will cost if the Shuttle 
is expected to fly again next fall.
  I am also concerned about the Orbital Space Plane program, the 
development of which is estimated to cost the taxpayers upwards of $15 
billion. This amount is already close to the original estimated 
development costs of $17.4 billion for the International Space Station. 
It is amazing that the escape vehicle for the station is about to cost 
as much as the Station was originally expected to cost.
  We must ensure due diligence is taken to protect this public 
investment. NASA has limited the competition to two companies, yet it 
has not provided a sufficient explanation to the authorizing committees 
of jurisdiction as to the merits of such a decision. I am not convinced 
this will generate either the cost savings or the innovation necessary 
to make this a successful program.
  Perhaps the more fundamental question is whether the OSP is the right 
approach in the first place. As the rush begins to develop this 
vehicle, many Members in both Houses are not sure how or if this 
project fits within the overall plans for the future of NASA. I share 
these concerns.
  We do not want to make the same mistakes that we made on the ISS. 
Those mistakes cost the American taxpayers dearly as the development 
costs of the ISS sky-rocketed by more than 50 percent. Even today, we 
still do not know the final costs of the Station, because of the delay 
caused by the grounding of the Space Shuttle.
  I believe it wise to wait for the results of the on-going inter-
agency review of the nation's space program being undertaken by the 
administration before we dole out $15 billion that may be inconsistent 
with the future goals of the space program.
  We need to make the safety of the astronauts on the space station a 
top priority. We cannot risk placing the earmarks for parochial 
interests above the critical need to fund legitimate safety concerns.
  Mr. BOND. Mr. President, we are awaiting one more Senator who has an 
amendment to be offered. We are getting to the point where we hope we 
can go to a voice vote on final passage as soon as possible to expedite 
the work of the committee. I have asked our cloakroom to check to see 
if the Senator is going to be joining us to offer his amendment.
  Mr. REID. Mr. President, the managers have worked this down to one 
amendment being left. There was an agreement this morning, and Senator 
McCain is willing to take a very short time agreement. I think it is 20 
minutes evenly divided. This bill will be finished before the normal 
recess.
  Ms. MIKULSKI. Mr. President, if I might say to the wonderful 
distinguished whip and my colleague from Missouri, at 2:30 the Senator 
from Maryland, along with the distinguished Senator from Utah, Mr. 
Hatch, are receiving a national award. It will occur in Statuary Hall.
  It is really important, if the Senator from Arizona could come next, 
we could finish this bill. It will be very awkward to try to do the 
bill at 2:30. I will be here. I will give up the reception of this 
award. It is really awkward when we are ready to go. I respect the 
impeccable credentials of the Senator from Arizona on national 
security. We know what he wants to offer. We could deal with this now 
and have him present his arguments and our rebuttal, and perhaps do 
this before the luncheon recess. We would like to get this done before 
the Senate recesses for the year.
  The PRESIDING OFFICER (Mr. Allard). The Senator from Alabama.
  Mr. SESSIONS. Mr. President, I would like to speak for about 3 
minutes.
  First, I would like to express my appreciation to Senator Bond and 
Senator Mikulski for their work on this legislation and particularly 
for their commitment to the National Aeronautics and Space 
Administration.
  This is such an important part of what we are as a people. We are a 
nation of explorers. This represents a commitment by the American 
people to explore our solar system and, as far as possible, the 
universe as we know it.
  We have had a tough year. With the shuttle disaster and seven 
astronauts lost, a tremendous effort has been ongoing to deal with the 
problem so it will not happen again as part of the return to space 
program. It has cost us a good bit of money.
  It is important to note NASA Administrator Sean O'Keefe is doing a 
terrific job. He has served as former Secretary of the Navy, former 
Comptroller of the Department of Defense, chaired departments at Johns 
Hopkins, Syracuse, Penn State, and has dealt with governmental 
management. He is doing a good job. That was confirmed just 2 days ago 
when NASA was rated the best place to work in the Federal Government. 
In fact, I was particularly proud that Marshall Space Flight Center in 
Huntsville, AL, the part of NASA where the Saturn 5 was originally set 
up by Werner Von Braun, is rated the best of the best in the entire 
U.S. Government. A lot of good things are happening despite the 
difficulties.
  One thing, though, that our leaders were not able to do: Under the 
pressure that was upon them, they believed it necessary to reduce the 
International Space Station funding by $200 million. I know there is a 
lot of pressure. I understand the difficulties they face. The House has 
not done that.
  I urge our colleagues as they go to conference--and I intend to 
support this bill--to see if we can't get back that $200 million. We 
don't know all of the challenges they will face, but we know we really 
have to do a lot of extra work on the return to space. It has drained a 
lot of our money. If we could keep that $200 million in and keep this 
space station going, I think it would maintain our progressive vision 
for space and continue our commitment to explore our solar system. I 
think it is very important.
  I urge my colleagues to do all they can to see if that can be worked 
out. I thank them for their leadership.
  I yield the floor.
  Mr. BOND. Mr. President, I thank my colleague from Alabama for his 
comments on space exploration and the space station.
  He noted the delays in the space station operations because of the 
unavailability of the space shuttle. That is one of the reasons we put 
some of those funds in other priority programs. We are trying to get 
back into space so we can get the space shuttle. We very much 
appreciate that.


                          VETERANS' CEMETERIES

  Mr. GRAHAM of Florida. Mr. President, would the Senator from Missouri 
be willing to engage me in a colloquy?
  Mr. BOND. I would be pleased to engage in a colloquy with my friend 
from Florida.
  Mr. GRAHAM of Florida. I have come to the floor today to speak about 
an issue of great importance; the need to construct new national 
veterans cemeteries.
  National cemeteries are reaching capacity throughout the United 
States as veterans, particularly those from World War II and the Korean 
War, die in increasing numbers. By the end of 2004, only 64 of the 124 
veterans national cemeteries will be available for both casketed and 
cremated remains.
  Recognizing the need to establish new cemeteries, Congress recently

[[Page 29323]]

passed the National Cemetery Expansion Act of 2003 (H.R. 1516). This 
bill directs the Department of Veterans Affairs (VA) to construct a new 
national veterans cemetery in the following six cities: Jacksonville, 
FL; Sarasota, FL; Birmingham, AL; Bakersfield, CA; Philadelphia, PA; 
and Columbia, SC. These cities were identified by VA as being the areas 
in the greatest need of a new cemetery.
  As cemetery service capabilities decrease, veterans in areas near 
cemeteries that are at capacity will lose access to burial options 
within a reasonable distance of their homes. In order to ensure that 
burial options are provided for veterans and their family members, we 
must develop new cemeteries and expand existing cemeteries. This 
process must start as soon as possible because the construction of a 
new cemetery takes an average of seven years.
  I respectfully request that the distinguished chairman of the VA-HUD 
Subcommittee work to include advance planning funds in conference so we 
begin constructing these new cemeteries and ensure our veterans have 
the burial options they deserve.
  Mr. BOND. I agree this is an important issue and I will try to 
address it in conference.
  Mr. GRAHAM of Florida. I would like to thank the distinguished 
chairman for his efforts and I look forward to the final conference 
report.
  Mr. BOND. Mr. President, I express my sincerest appreciation to my 
colleague, the Senator from Maryland, without whom we could not have 
gotten them done. We were under very tight time pressures and with very 
limited resources.
  I express my thanks to the chairman, Senator Stevens, and the ranking 
member, Senator Byrd, for making enough money available so we can 
restore the full amount of funding for veterans health care which was a 
top priority.
  This was an extremely difficult year for us. We could not have gotten 
it done without an extremely able staff who worked, I imagine, more 
than 100 hours a week and 20 hours several days.
  Thanks on the minority side to Paul Carliner, Alexa Sewell, Gabrielle 
Batkin; and, on my side, Jon Kamarck, Cheh Kim, Allan Cutler, Jennifer 
Storipan, and Rebecca Benn. We sincerely appreciate their good work.
  I ask my colleague for any comments, and then we are ready to go to 
final passage.
  Ms. MIKULSKI. Mr. President, we have fully funded the VA including a 
$1.5 billion increase over the President's request for VA medical care.
  We have provided $28.5 billion for medical care, a 12 percent 
increase over last year's level. with no deductibles, no co-pays, and 
no membership fees for veterans. Promises made to our veterans must be 
promises kept and we have kept our promises to veterans in this bill.
  In the area of housing and community development, we continue our 
commitment to core housing programs, including Community Development 
Block Grants, HOME, HOPE VI, and Section 8. These programs provide 
flexible funding for local communities for a range of activities, such 
as new rental housing, rehabilitation of dilapidated properties, and 
child care centers.
  Last year, CDBG funds created or retained over 100,000 jobs 
nationwide.
  We also keep our commitment to the environment helping local 
communities protect their citizens' health and their environment.
  EPA helps communities by cleaning up Brownfields, improving air 
quality, and fixing water and sewer systems. We provide $8.2 billion to 
the EPA, $105 million above last year, and $500 million above the 
President's budget request.
  In water and sewer needs, communities all across the country are 
faced with aging water and sewer systems. The costs of fixing and 
maintaining these aging systems continue to increase. That is why 
Senator Bond and I worked together to restore the administration's $500 
million cut to the Clean Water State Revolving Loan Fund.
  We have also fully funded environmental cops on the beat so that we 
catch polluters who threaten public health and the environment.
  We have provided a record amount for Americorps, $340 million, so 
that Americorps can enroll more volunteers to serve in our communities.
  In NASA, we provided the full amount for the Space Shuttle--$3.9 
billion. Senator Bond and I have always made the Space Shuttle safety a 
priority.
  The bill also funded all major programs in space science, earth 
science, and aeronautics.
  In order to keep our manufacturing jobs here, we increase our 
investment in the National Science Foundation. We win the Nobel Prizes, 
and they win the markets. That is why we provide NSF with the largest 
budget in its history.
  We have increased funding for education to attract and train more 
scientists, engineers and teachers of science.
  Again, I joined this Subcommittee to meet the needs of our veterans, 
empower communities, and create new jobs. This bill has accomplished 
all three goals.
  I support this bill, and I urge my colleagues to support it.
  Mr. President, I thank Senator Bond for the wonderful job he has done 
on this bill on the part of representing the Democratic side. I thank 
him for all the courtesies and collegiality. Most of all, I thank him 
for really not playing politics with veterans health care, as I did 
not. As we approached this bill, when it came to looking out for 
veterans health care, we weren't the Republican Party; we weren't the 
Democratic Party; we were the red, white, and blue party. Therefore, we 
could raise the funding for veterans medical care by 12 percent with no 
deductibles, with no new deductibles, no new copayments, and no 
membership fees. That was due in large part to our mutual advocacy and 
the wonderful cooperation of Senator Stevens and Senator Byrd.
  I joined this subcommittee for two reasons: To meet the day-to-day 
needs of my constituents--our veterans--housing, the environment; and 
the long-range investments needed for our country in science and 
technology. I believe we have accomplished both.
  I also thank the staff who enabled us to do this: On my own side, 
Paul Carliner, Gabrielle Batkin, Alexa Sewell, and Jennifer Storipan; 
and the staff of the distinguished Senator from Missouri: Jon Karmarck, 
Cheh Kim, Allan Cutler, and Rebecca Benn.
  I also thank the floor staff of both the majority and the minority 
who helped us expedite the bill. No kinder words could be said by me 
than to express my gratitude to Senator Harry Reid, the whip on our 
side, who really also helped bring this bill to closure. This is why we 
come to the Senate, to try to use the taxpayers' money in a wise way. 
It keeps promises made to our U.S. veterans, but adds value to our 
country, whether through empowering neighborhoods, protecting the 
environment, or investing in science and technology so we not only win 
the Nobel Prizes but we win the markets.
  I yield the floor.
  The PRESIDING OFFICER (Mr. Sessions). The Senator from Missouri.
  Mr. BOND. We are ready for final passage.
  The amendment (No. 2150), as amended, was agreed to.
  The PRESIDING OFFICER. The question is on engrossment of the 
amendment and third reading of the bill.
  The amendment was ordered to be engrossed and the bill to be read a 
third time.
  The PRESIDING OFFICER. The bill having been read the third time, the 
question is, Shall the bill pass?
  The bill (H.R. 2861), as amended, was passed, as follows:

                               H.R. 2861

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


[[Page 29324]]


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

                TITLE I--DEPARTMENT OF VETERANS AFFAIRS

                    Veterans Benefits Administration


                       Compensation and Pensions

                     (including transfer of funds)

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


                         readjustment benefits

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


                   veterans insurance and indemnities

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


         veterans housing benefit program fund program account

                     (including transfer of funds)

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


                  education loan fund program account

                     (including transfer of funds)

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


            vocational rehabilitation loans program account

                     (including transfer of funds)

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


          native american veteran housing loan program account

                     (including transfer of funds)

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

  guaranteed transitional housing loans for homeless veterans program 
                                account

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

                     Veterans Health Administration


                              medical care

                     (including transfer of funds)

       For necessary expenses for the maintenance and operation of 
     hospitals, nursing homes, and domiciliary facilities; for 
     furnishing, as authorized by law, inpatient and outpatient 
     care and treatment to beneficiaries of the Department of 
     Veterans Affairs, including care and treatment in facilities 
     not under the jurisdiction of the department; and furnishing 
     recreational facilities, supplies, and equipment; funeral, 
     burial, and other expenses incidental thereto for 
     beneficiaries receiving care in the department; 
     administrative expenses in support of planning, design, 
     project management, real property acquisition and 
     disposition, construction and renovation of any facility 
     under the jurisdiction or for the use of the department; 
     oversight, engineering and architectural activities not 
     charged to project cost; repairing, altering, improving or 
     providing facilities in the several hospitals and homes under 
     the jurisdiction of the department, not otherwise provided 
     for, either by contract or by the hire of temporary employees 
     and purchase of materials; uniforms or allowances therefor, 
     as authorized by 5 U.S.C. 5901-5902; aid to State homes as 
     authorized by 38 U.S.C. 1741; administrative and legal 
     expenses of the department for collecting and recovering 
     amounts owed the department as authorized under 38 U.S.C. 
     chapter 17, and the Federal Medical Care Recovery Act, 42 
     U.S.C. 2651 et seq., $25,488,080,000, plus reimbursements: 
     Provided, That, notwithstanding any other provision of law, 
     the Secretary of Veterans Affairs shall establish a priority 
     for treatment for veterans who are service-connected 
     disabled, lower income, or have special needs: Provided 
     further, That, notwithstanding any other provision of law, 
     the Secretary of Veterans Affairs shall give priority funding 
     for the provision of basic medical benefits to veterans in 
     enrollment priority groups 1 through 6: Provided further, 
     That of the funds made available under this heading, 
     $1,100,000,000 is for equipment and land and structures 
     object classifications only, which amount shall not become 
     available for obligation until August 1, 2004, and shall 
     remain available until September 30, 2005: Provided further, 
     That of the funds made available under this heading, not to 
     exceed $1,100,000,000 shall be available until September 30, 
     2005: Provided further, That of the funds made available 
     under this heading, the Secretary may transfer up to 
     $400,000,000 to ``Construction, major projects'' for purposes 
     of implementing CARES subject to a determination by the 
     Secretary that such funds will improve access and quality of 
     veteran's health care needs: Provided further, That, 
     notwithstanding any other provision of law, the Secretary of 
     Veterans Affairs may provide prescription drugs to enrolled 
     veterans with privately written prescriptions based on 
     requirements established by the Secretary: Provided further, 
     That the Secretary of Veterans Affairs shall conduct by 
     contract a program of recovery audits for the fee basis and 
     other medical services contracts with respect to payments for 
     hospital care; and, notwithstanding 31 U.S.C. 3302(b), 
     amounts collected, by setoff or otherwise, as the result of 
     such audits shall be available, without fiscal year 
     limitation, for the purposes for which funds are appropriated 
     under this heading and the purposes of paying a contractor a 
     percent of the amount collected as a result of an audit 
     carried out by the contractor: Provided further, That all 
     amounts so collected under the preceding proviso with respect 
     to a designated health care region (as that term is defined 
     in 38 U.S.C. 1729A(d)(2)) shall be allocated, net of payments 
     to the contractor, to that region: Provided further, That 
     such sums as may be deposited to the Medical Care Collections 
     Fund pursuant to 38 U.S.C. 1729A may be transferred to this 
     account, to remain available until expended for the purposes 
     of this account: Provided further, That Medical Care 
     Collections Funds may be used for construction, alteration 
     and improvement of any parking facility set forth in 38 
     U.S.C. 8109: Provided further, That of the unobligated 
     balances remaining from prior year recoveries under this 
     heading, $270,000,000 is rescinded.
       For an additional amount for ``Medical care'', 
     $1,300,000,000.


                    medical and prosthetic research

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


      medical administration and miscellaneous operating expenses

       For necessary expenses in the administration of the 
     medical, hospital, nursing home, domiciliary, construction, 
     supply, and research activities, as authorized by law; 
     administrative expenses in support of capital policy 
     activities, $79,146,000: Provided further, That of the funds

[[Page 29325]]

     made available under this heading, not to exceed, $4,000,000 
     shall be available until September 30, 2005, plus 
     reimbursements: Provided further, That technical and 
     consulting services offered by the Facilities Management 
     Field Support Service, including project management and real 
     property administration (including leases, site acquisition 
     and disposal activities directly supporting projects), shall 
     be provided to Department of Veterans Affairs components only 
     on a reimbursable basis, and such amounts will remain 
     available until September 30, 2004.

                      Departmental Administration


                       general operating expenses

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


                    national cemetery administration

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


                      office of inspector general

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


                      construction, major projects

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


                      construction, minor projects

       For constructing, altering, extending, and improving any of 
     the facilities under the jurisdiction or for the use of the 
     Department of Veterans Affairs, including planning and 
     assessments of needs which may lead to capital investments, 
     architectural and engineering services, maintenance or 
     guarantee period services costs associated with equipment 
     guarantees provided under the project, services of claims 
     analysts, offsite utility and storm drainage system 
     construction costs, and site acquisition, or for any of the 
     purposes set forth in sections 316, 2404, 2406, 8102, 8103, 
     8106, 8108, 8109, 8110, 8122, and 8162 of title 38, United 
     States Code, where the estimated cost of a project is equal 
     to or less than the amount set forth in 38 U.S.C. 
     8104(a)(3)(A), $252,144,000, to remain available until 
     expended, along with unobligated balances of previous 
     ``Construction, minor projects'' appropriations which are 
     hereby made available for any project where the estimated 
     cost is equal to or less than the amount set forth in 38 
     U.S.C. 8104(a)(3)(A), of which $42,000,000 shall be for 
     Capital Asset Realignment for Enhanced Services (CARES) 
     activities: Provided, That from amounts appropriated under 
     this heading, additional amounts may be used for CARES 
     activities upon notification of and approval by the 
     Committees on Appropriations: Provided further, That funds in 
     this account shall be available for: (1) repairs to any of 
     the nonmedical facilities under the jurisdiction or for the 
     use of the department which are necessary because of loss or 
     damage caused by any natural disaster or catastrophe; and (2) 
     temporary measures necessary to prevent or to minimize 
     further loss by such causes.


       grants for construction of state extended care facilities

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


        grants for the construction of state veterans cemeteries

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


                       administrative provisions

                     (including transfer of funds)

       Sec. 101. Any appropriation for fiscal year 2004 for 
     ``Compensation and pensions'', ``Readjustment benefits'', and 
     ``Veterans insurance and indemnities'' may be transferred to 
     any other of the mentioned appropriations.
       Sec. 102. Appropriations available to the Department of 
     Veterans Affairs for fiscal year 2004 for salaries and 
     expenses shall be available for services authorized by 5 
     U.S.C. 3109.
       Sec. 103. No appropriations in this Act for the Department 
     of Veterans Affairs (except the appropriations for 
     ``Construction, major projects'', ``Construction, minor 
     projects'', and the ``Parking revolving fund'') shall be 
     available for the purchase of any site for or toward the 
     construction of any new hospital or home.
       Sec. 104. No appropriations in this Act for the Department 
     of Veterans Affairs shall be available for hospitalization or 
     examination of any persons (except beneficiaries entitled 
     under the laws bestowing such benefits to veterans, and 
     persons receiving such treatment under 5 U.S.C. 7901-7904 or 
     42 U.S.C. 5141-5204), unless reimbursement of cost is made to 
     the ``Medical care'' account at such rates as may be fixed by 
     the Secretary of Veterans Affairs.
       Sec. 105. Appropriations available to the Department of 
     Veterans Affairs for fiscal year 2004 for ``Compensation and 
     pensions'', ``Readjustment benefits'', and ``Veterans 
     insurance and indemnities'' shall be available for payment of 
     prior year accrued obligations required to be recorded by law 
     against the corresponding prior year accounts within the last 
     quarter of fiscal year 2003.
       Sec. 106. Appropriations accounts available to the 
     Department of Veterans Affairs for fiscal year 2004 shall be 
     available to pay prior year obligations of corresponding 
     prior year appropriations accounts resulting from title X of 
     the Competitive Equality Banking Act, Public Law 100-86, 
     except that if such obligations are from trust fund accounts 
     they shall be payable from ``Compensation and pensions''.
       Sec. 107. Notwithstanding any other provision of law, 
     during fiscal year 2004, the Secretary of Veterans Affairs 
     shall, from the National Service Life Insurance Fund (38 
     U.S.C. 1920), the Veterans' Special Life Insurance Fund (38 
     U.S.C. 1923), and the United States Government Life Insurance 
     Fund (38 U.S.C. 1955), reimburse the ``General operating 
     expenses'' account for the cost of administration of the 
     insurance programs financed through those accounts: Provided, 
     That reimbursement shall be made only from the surplus 
     earnings accumulated in an insurance program in fiscal year 
     2004 that are available for dividends in that program after 
     claims have been paid and actuarially determined reserves 
     have been set aside: Provided further, That if the cost of 
     administration of an insurance program exceeds the amount of 
     surplus earnings accumulated in that program, reimbursement 
     shall be made only to the extent of such surplus earnings: 
     Provided further, That the Secretary shall determine the cost 
     of administration for fiscal year 2004 which is properly 
     allocable to the provision of each insurance program and to 
     the provision of any total disability income insurance 
     included in such insurance program.
       Sec. 108. Notwithstanding any other provision of law, the 
     Department of Veterans Affairs shall

[[Page 29326]]

     continue the Franchise Fund pilot program authorized to be 
     established by section 403 of Public Law 103-356 until 
     October 1, 2004: Provided, That the Franchise Fund, 
     established by title I of Public Law 104-204 to finance the 
     operations of the Franchise Fund pilot program, shall 
     continue until October 1, 2004.
       Sec. 109. Amounts deducted from enhanced-use lease proceeds 
     to reimburse an account for expenses incurred by that account 
     during a prior fiscal year for providing enhanced-use lease 
     services, may be obligated during the fiscal year in which 
     the proceeds are received.
       Sec. 110. Funds available in any Department of Veterans 
     Affairs appropriation for fiscal year 2004 or funds for 
     salaries and other administrative expenses shall also be 
     available to reimburse the Office of Resolution Management 
     and the Office of Employment Discrimination Complaint 
     Adjudication for all services provided at rates which will 
     recover actual costs but not exceed $29,318,000 for the 
     Office of Resolution Management and $3,059,000 for the Office 
     of Employment and Discrimination Complaint Adjudication: 
     Provided, That payments may be made in advance for services 
     to be furnished based on estimated costs: Provided further, 
     That amounts received shall be credited to ``General 
     operating expenses'' for use by the office that provided the 
     service.
       Sec. 111. No appropriations in this Act for the Department 
     of Veterans Affairs shall be available to enter into any new 
     lease of real property if the estimated annual rental is more 
     than $300,000 unless the Secretary submits a report which the 
     Committees on Appropriations of the Congress approve within 
     30 days following the date on which the report is received.
       Sec. 112. No appropriations in this Act for the Department 
     of Veterans Affairs shall be available for hospitalization or 
     treatment of any person by reason of eligibility under 
     section 1710(a)(3) of title 38, United States Code, unless 
     that person has disclosed to the Secretary of Veterans 
     Affairs, in such form as the Secretary may require--
       (1) current, accurate third-party reimbursement information 
     for purposes of section 1729 of such title; and
       (2) annual income information for purposes of section 1722 
     of such title.
       Sec. 113. None of the funds in this Act may be used to 
     implement sections 2 and 5 of Public Law 107-287.
       Sec. 114. Receipts that would otherwise be credited to the 
     Veterans Extended Care Revolving Fund, the Medical Facilities 
     Revolving Fund, the Special Therapeutic and Rehabilitation 
     Fund, the Nursing Home Revolving Fund, the Veterans Health 
     Services Improvement Fund, and the Parking Revolving Fund 
     shall be deposited into the Medical Care Collections Fund, 
     and shall be transferred to the Medical Care account, to 
     remain available until expended, to carry out the purposes of 
     the Medical Care account.
       Sec. 115. Notwithstanding any other provision of law, at 
     the discretion of the Secretary of Veterans Affairs, proceeds 
     or revenues derived from enhanced-use leasing activities 
     (including disposal) that are deposited into the Medical Care 
     Collections Fund may be transferred and merged with major 
     construction and minor construction accounts and be used for 
     construction (including site acquisition and disposition), 
     alterations and improvements of any medical facility under 
     the jurisdiction or for the use of the Department of Veterans 
     Affairs. Such sums as realized are in addition to the amount 
     provided for in the Major and Minor Construction 
     appropriations.
       Sec. 116. Notwithstanding paragraph (2) of section 8163(c) 
     of title 38, United States Code, the Secretary of Veterans 
     Affairs may enter into an enhanced-use lease with the Medical 
     University Hospital Authority, a public authority of the 
     State of South Carolina, for approximately 0.48 acres of 
     underutilized property at the Charleston Department of 
     Veterans Affairs Medical Center, Charleston, South Carolina, 
     at any time after 30 days after the date of the submittal of 
     the notice required by paragraph (1) of that section with 
     respect to such property. The Secretary is not required to 
     submit a report on the lease as otherwise required by 
     paragraph (4) of that section.
       Sec. 117. Notwithstanding any other provision of law, the 
     Secretary of Veterans Affairs shall make the North Chicago VA 
     Medical Center available to the Navy to the maximum extent 
     feasible. The Secretary shall report to the Senate 
     Appropriations Committee by June 30, 2004, regarding the 
     progress in modifying North Chicago VA Medical Center's 
     surgical suite and emergency and urgent care centers for use 
     by veterans and Department of Defense beneficiaries. Further, 
     the Secretary shall consider having the new joint VA/Navy 
     ambulatory care center to serve both veterans and Department 
     of Defense beneficiaries sited on or adjacent to the North 
     Chicago VA Medical Center and shall consult with the 
     Secretary of the Navy to select the site for the center. The 
     Secretary of Veterans Affairs shall report to the Senate 
     Appropriations Committee on the site selection by June 30, 
     2004.
       Sec. 118. (a) Treatment of Pioneer Homes in Alaska as State 
     Home for Veterans.--The Secretary of Veterans Affairs may--
       (1) treat the Pioneer Homes in the State of Alaska 
     collectively as a single State home for veterans for purposes 
     of section 1741 of title 38, United States Code; and
       (2) make per diem payments to the State of Alaska for care 
     provided to veterans in the Pioneer Homes in accordance with 
     the provisions of that section.
       (b) Treatment Notwithstanding Non-Veteran Residency.--The 
     Secretary shall treat the Pioneer Homes as a State home under 
     subsection (a) notwithstanding the residency of non-veterans 
     in one or more of the Pioneer Homes.
       (c) Pioneer Homes Defined.--In this section, the term 
     ``Pioneer Homes'' means the six regional homes in the State 
     of Alaska known as Pioneer Homes, which are located in the 
     following:
       (1) Anchorage, Alaska.
       (2) Fairbanks, Alaska.
       (3) Juneau, Alaska.
       (4) Ketchikan, Alaska.
       (5) Palmer, Alaska.
       (6) Sitka, Alaska.
       Sec. 119. (a) Findings on Access to Primary Health Care of 
     Veterans in Rural Areas.--The Senate makes the following 
     findings:
       (1) The Secretary of Veterans Affairs has appointed a 
     commission, called the Capital Asset Realignment for Enhanced 
     Services (CARES) Commission, and directed it to make specific 
     recommendations regarding the realignment and allocation of 
     capital assets necessary to meet the demand for veterans 
     health care services over the next 20 years.
       (2) The Department of Veterans Affairs accessibility 
     standard for primary health care provides that at least 70 
     percent of the veterans enrolled in each of the regional 
     ``markets'' of the Department should live within a specified 
     driving time of a Department primary care facility. That 
     driving time is 30 minutes for veterans living in urban and 
     rural areas and 60 minutes for veterans living in highly 
     rural areas.
       (3) The Draft National CARES Plan issued by the Under 
     Secretary for Health would place veterans in 18 rural and 
     highly rural regional markets outside the Department 
     accessibility standard for primary health care until at least 
     fiscal year 2022, which means that thousands of veterans will 
     have to continuing traveling up to 3-4 hours each way to 
     visit a Department primary care facility.
       (4) The 18 rural and highly rural markets that will remain 
     outside the Department accessibility standard for primary 
     health care comprise all or parts of Arkansas, Idaho, 
     Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, 
     Minnesota, Mississippi, Missouri, Montana, Nebraska, North 
     Carolina, North Dakota, Ohio, Oklahoma, Oregon, South Dakota, 
     Tennessee, Texas, Virginia, Washington, and West Virginia.
       (5) Health care facilities for veterans are 
     disproportionately needed in rural and highly rural areas 
     because the residents of such areas are generally older, 
     poorer, and sicker than their urban counterparts.
       (b) Sense of Senate.--It is the sense of the Senate that--
       (1) the CARES Commission should give as much attention to 
     solving the special needs of veterans who live in rural areas 
     as it does to providing for the health care needs of veterans 
     living in more highly populated areas;
       (2) the CARES Commission should reject the portions of the 
     Draft National CARES Plan that would prevent any regional 
     market of the Department from complying with the Department 
     accessibility standard for primary health care, which 
     provides that at least 70 percent of the veterans residing in 
     each market be within specified driving times of a Department 
     primary care facility; and
       (3) the CARES Commission should recommend to the Secretary 
     the investments and initiatives that are necessary to achieve 
     the Department accessibility standard for primary health care 
     in each of the rural and highly rural health care markets of 
     the Department.
       Sec. 120. Not later than 120 days after the date of the 
     enactment of this Act, the Secretary of Veterans Affairs 
     shall enter into an agreement with the Institute of Medicine 
     of the National Academy of Sciences under which agreement the 
     Institute of Medicine shall develop and evaluate 
     epidemiological studies on Vietnam veterans in accordance 
     with the recommendations of the 2003 National Academy of 
     Sciences report entitled ``Characterizing Exposure of 
     Veterans to Agent Orange and Other Herbicides Used in 
     Vietnam: Interim Findings and Recommendations''.
       Sec. 121. No funds appropriated or otherwise made available 
     for the Department of Veterans Affairs by this Act or any 
     other Act may be obligated or expended to implement the 
     policy contained in the memorandum of the Department of 
     Veterans Affairs dated July 18, 2002, from the Deputy Under 
     Secretary for Health for Operations and Management with the 
     subject ``Status of VHA Enrollment and Associated Issues'' or 
     any other policy prohibiting the Directors of the Veterans 
     Integrated Service Networks (VISNs) from conducting outreach 
     or marketing to enroll new veterans within their Networks.

         TITLE II--DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                       Public and Indian Housing


                        housing certificate fund

              (including transfer and rescission of funds)

       For activities and assistance under the United States 
     Housing Act of 1937, as amended (42 U.S.C. 1437 et seq.) 
     (``the Act'' herein), not otherwise provided for, 
     $18,433,606,000, and amounts that are recaptured in this 
     account, to remain available until expended: Provided, That 
     of the amounts made available under this heading, 
     $14,233,606,379 and the aforementioned recaptures shall be 
     available on October 1, 2003 and $4,200,000,000 shall be 
     available on October 1, 2004: Provided further, That amounts 
     made available under this heading are provided as follows:

[[Page 29327]]

       (1) $16,202,616,000 for expiring or terminating section 8 
     project-based subsidy contracts (including section 8 moderate 
     rehabilitation contracts), for amendments to section 8 
     project-based subsidy contracts, for contracts entered into 
     pursuant to section 441 of the McKinney-Vento Homeless 
     Assistance Act, for the 1-year renewal of section 8 contracts 
     for units in projects that are subject to approved plans of 
     action under the Emergency Low Income Housing Preservation 
     Act of 1987 or the Low-Income Housing Preservation and 
     Resident Homeownership Act of 1990, and for renewals of 
     expiring section 8 tenant-based annual contributions 
     contracts (including amendments and renewals of enhanced 
     vouchers under any provision of law authorizing such 
     assistance under section 8(t) of the Act (42 U.S.C. 
     1437f(t))): Provided, That notwithstanding any other 
     provision of law, the Secretary shall renew expiring section 
     8 tenant-based annual contributions contracts for each public 
     housing agency (including for agencies participating in the 
     Moving to Work demonstration, unit months representing 
     section 8 tenant-based assistance funds committed by the 
     public housing agency for specific purposes, other than 
     reserves, that are authorized pursuant to any agreement and 
     conditions entered into under such demonstration, and 
     utilized in compliance with any applicable program obligation 
     deadlines) based on the total number of unit months which 
     were under lease as reported on the most recent end-of-year 
     financial statement submitted by the public housing agency to 
     the Department, adjusted by such additional information 
     submitted by the public housing agency to the Secretary which 
     the Secretary determines to be timely and reliable regarding 
     the total number of unit months under lease at the time of 
     renewal of the annual contributions contract, and by applying 
     an inflation factor based on local or regional factors to the 
     actual per unit cost as reported: Provided further, That 
     funds may be made available in this paragraph to support a 
     total number of unit months under lease that exceeds a public 
     housing agency's authorized level of units under lease to the 
     extent that the use of these funds is part of a strategy for 
     a public housing agency to attain its authorized level of 
     units under contract: Provided further, That when a public 
     housing agency is over its authorized contract level, that 
     public housing agency may not issue another voucher 
     (including turnover vouchers) until that public housing 
     agency is at or below its authorized contract level for 
     vouchers.
       (2) $461,329,000 for a central fund to be allocated by the 
     Secretary for the support of section 8 subsidy contracts or 
     amendments to such contracts, and for such other purposes as 
     are set forth in this paragraph: Provided, That subject to 
     the following proviso, the Secretary shall use amounts in 
     such fund, as necessary, for contract amendments to maintain 
     the total number of unit months under lease (up to the 
     authorized level) including turnover and reissuance of 
     authorized vouchers, and for contract amendments resulting 
     from a significant increase in per-unit costs, or otherwise 
     provide funds so that public housing agencies may lease units 
     up to their authorized unit level: Provided further, That the 
     Secretary may use up to $36,000,000 in such funds for 
     incremental vouchers under section 8 of the Act to be used 
     for non-elderly disabled families affected by the designation 
     of a public housing development under section 7 of the Act, 
     the establishment of preferences in accordance with section 
     651 of the Housing and Community Development Act of 1992 (42 
     U.S.C. 13611), or the restriction of occupancy to elderly 
     families in accordance with section 658 of such Act (42 
     U.S.C. 13618): Provided further, That the Secretary may only 
     allocate the incremental vouchers under the previous proviso 
     upon a determination that there are adequate funds under this 
     heading to fund all voucher needs in this fiscal year: 
     Provided further, That if a public housing agency, at any 
     point in time during their fiscal year, has obligated the 
     amounts made available to such agency pursuant to paragraph 
     (1) under this heading for the renewal of expiring section 8 
     tenant-based annual contributions contracts, and if such 
     agency has expended 50 percent of the amounts available to 
     such agency in its annual contributions contract reserve 
     account, the Secretary shall make available such amounts as 
     are necessary from amounts available from such central fund 
     to fund amendments under the preceding proviso within 30 days 
     of a request from such agency: Provided further, That none of 
     the funds made available in this paragraph may be used to 
     support a total number of unit months under lease which 
     exceeds a public housing agency's authorized level of units 
     under contract: Provided further, That the Secretary shall 
     provide quarterly reports to the Committees on Appropriations 
     of the House and the Senate on the obligation of funds 
     provided in this paragraph;
       (3) $252,203,000 for section 8 rental assistance for 
     relocation and replacement of housing units that are 
     demolished or disposed of pursuant to the Omnibus 
     Consolidated Rescissions and Appropriations Act of 1996 
     (Public Law 104-134), conversion of section 23 projects to 
     assistance under section 8, the family unification program 
     under section 8(x) of the Act, relocation of witnesses in 
     connection with efforts to combat crime in public and 
     assisted housing pursuant to a request from a law enforcement 
     or prosecution agency, enhanced vouchers under any provision 
     of law authorizing such assistance under section 8(t) of the 
     Act (42 U.S.C.1437f(t)), and tenant protection assistance, 
     including replacement and relocation assistance;
       (4) $72,000,000 for family self-sufficiency coordinators 
     under section 23 of the Act;
       (5) not to exceed $1,339,448,400 for administrative and 
     other expenses of public housing agencies in administering 
     the section 8 tenant-based rental assistance program: 
     Provided, That the fee otherwise authorized under section 
     8(q) of the Act shall be determined in accordance with 
     section 8(q), as in effect immediately before the enactment 
     of the Quality Housing and Work Responsibility Act of 1998;
       (6) $100,000,000 for contract administrators for section 8 
     project-based assistance;
       (7) not less than $3,010,000 shall be transferred to the 
     Working Capital Fund for the development of and modifications 
     to information technology systems which serve activities 
     under ``Public and Indian Housing''; and
       (8) up to $3,000,000 for an outside audit by a major 
     accounting firm to assess the current status of all funds 
     within this account, including the amounts of obligated and 
     unobligated funds for all programs funded under this heading 
     for fiscal year 2004 as well as the availability of funds 
     currently appropriated under this heading for fiscal years 
     2005 and thereafter.
       The Secretary may transfer up to 15 percent of funds 
     provided under paragraphs (1), (2), (3) or (5), herein to 
     paragraphs (1), (2), (3) or (5), if the Secretary determines 
     that such action is necessary because the funding provided 
     under one such paragraph otherwise would be depleted and as a 
     result, the maximum utilization of section 8 tenant-based 
     assistance with the funds appropriated for this purpose by 
     this Act would not be feasible: Provided, That prior to 
     undertaking the transfer of funds in excess of 10 percent 
     from any paragraph pursuant to the previous proviso, the 
     Secretary shall notify the Chairman and Ranking Member of the 
     Subcommittees on Veterans Affairs and Housing and Urban 
     Development, and Independent Agencies of the Committees on 
     Appropriations of the House of Representatives and the Senate 
     and shall not transfer any such funds until 30 days after 
     such notification: Provided further, That, hereafter, the 
     Secretary shall require public housing agencies to submit 
     accounting data for funds disbursed under this heading in 
     this Act and prior Acts by source and purpose of such funds: 
     Provided further, That incremental vouchers previously made 
     available under this heading for non-elderly disabled 
     families shall, to the extent practicable, continue to be 
     provided to non-elderly disabled families upon turnover: 
     Provided further, That $1,372,000,000 is rescinded from 
     unobligated balances remaining from funds appropriated to the 
     Department of Housing and Urban Development under this 
     heading or the heading ``Annual contributions for assisted 
     housing'' or any other heading for fiscal year 2003 and prior 
     years, to be effected by the Secretary no later than 
     September 30, 2004: Provided further, That any such balances 
     governed by reallocation provisions under the statute 
     authorizing the program for which the funds were originally 
     appropriated shall be available for the rescission: Provided 
     further, That any obligated balances of contract authority 
     from fiscal year 1974 and prior that have been terminated 
     shall be cancelled.


                      public housing capital fund

                     (including transfer of funds)

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

[[Page 29328]]

     transferred to the Working Capital Fund for the development 
     of and modifications to information technology systems which 
     serve programs or activities under ``Public and Indian 
     housing'': Provided further, That no funds may be used under 
     this heading for the purposes specified in section 9(k) of 
     the United States Housing Act of 1937, as amended: Provided 
     further, That of the total amount provided under this 
     heading, up to $40,000,000 shall be available for the 
     Secretary of Housing and Urban Development to make grants to 
     public housing agencies for emergency capital needs resulting 
     from emergencies and natural disasters in fiscal year 2003: 
     Provided further, That of the total amount provided under 
     this heading, $15,000,000 shall be for Neighborhood Networks 
     grants for activities authorized in section 9(d)(1)(E) of the 
     United States Housing Act of 1937, as amended: Provided 
     further, That notwithstanding any other provision of law, 
     amounts made available in the previous proviso shall be 
     awarded to public housing agencies on a competitive basis as 
     provided in section 102 of the Department of Housing and 
     Urban Development Reform Act of 1989: Provided further, That 
     of the total amount provided under this heading, $55,000,000 
     shall be for supportive services, service coordinators and 
     congregate services as authorized by section 34 of the Act 
     and the Native American Housing Assistance and Self-
     Determination Act of 1996: Provided further, That of the 
     total amount provided under this heading, up to $125,000,000 
     shall be for grants and credit subsidy to support a loan 
     guarantee and loan program for the development of public 
     housing units in mixed income housing developments: Provided 
     further, That the first proviso under this heading in the 
     Departments of Veterans Affairs and Housing and Urban 
     Development, and Independent Agencies Appropriations Act, 
     2003 is amended by striking ``1998, 1999''.


                     public housing operating fund

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


     revitalization of severely distressed public housing (hope VI)

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


                  native american housing block grants

                     (including transfers of funds)

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


           indian housing loan guarantee fund program account

                     (including transfer of funds)

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


      native hawaiian housing loan guarantee fund program account

                     (including transfer of funds)

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

                   Community Planning and Development


              housing opportunities for persons with aids

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


                 rural housing and economic development

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


                       community development fund

                     (including transfers of funds)

       For assistance to units of State and local government, and 
     to other entities, for economic and community development 
     activities, and for other purposes, $4,950,000,000, to remain 
     available until September 30, 2006: Provided, That of the 
     amount provided, $4,545,700,000 is for carrying out the 
     community development block grant program under title I of 
     the Housing and Community Development Act of 1974, as amended 
     (the

[[Page 29329]]

     ``Act'' herein) (42 U.S.C. 5301 et seq.): Provided further, 
     That not to exceed 20 percent of any grant made with funds 
     appropriated under this heading (other than a grant made 
     available in this paragraph to the Housing Assistance Council 
     or the National American Indian Housing Council, or a grant 
     using funds under section 107(b)(3) of the Act) shall be 
     expended for ``Planning and Management Development'' and 
     ``Administration'', as defined in regulations promulgated by 
     the Department: Provided further, That $72,500,000 shall be 
     for grants to Indian tribes notwithstanding section 106(a)(1) 
     of such Act; $3,300,000 shall be for a grant to the Housing 
     Assistance Council; $2,600,000 shall be for a grant to the 
     National American Indian Housing Council; $52,500,000 shall 
     be for grants pursuant to section 107 of the Act; no less 
     than $4,900,000 shall be transferred to the Working Capital 
     Fund for the development of and modification to information 
     technology systems which serve programs or activities under 
     ``Community planning and development''; $12,000,000 shall be 
     for grants pursuant to the Self Help Homeownership 
     Opportunity Program; $35,500,000 shall be for capacity 
     building, of which $31,500,000 shall be for Capacity Building 
     for Community Development and Affordable Housing for LISC and 
     the Enterprise Foundation for activities as authorized by 
     section 4 of the HUD Demonstration Act of 1993 (42 U.S.C. 
     9816 note), as in effect immediately before June 12, 1997, 
     with not less than $5,000,000 of the funding to be used in 
     rural areas, including tribal areas, and of which $4,000,000 
     shall be for capacity building activities administered by 
     Habitat for Humanity International; $10,000,000 for the 
     Native Hawaiian Housing Block Grant Program, as authorized 
     under the Native American Housing Assistance and Self-
     Determination Act of 1996 (25 U.S.C. 4111 et seq.), of which 
     $400,000 shall be for training and technical assistance; 
     $60,000,000 shall be available for YouthBuild program 
     activities authorized by subtitle D of title IV of the 
     Cranston-Gonzalez National Affordable Housing Act, as 
     amended, and such activities shall be an eligible activity 
     with respect to any funds made available under this heading: 
     Provided, That local YouthBuild programs that demonstrate an 
     ability to leverage private and nonprofit funding shall be 
     given a priority for YouthBuild funding: Provided further, 
     That no more than 10 percent of any grant award under the 
     YouthBuild program may be used for administrative costs: 
     Provided further, That of the amount made available for 
     YouthBuild not less than $10,000,000 is for grants to 
     establish YouthBuild programs in underserved and rural areas 
     and $2,000,000 is to be made available for a grant to 
     YouthBuild USA for capacity building for community 
     development and affordable housing activities as specified in 
     section 4 of the HUD Demonstration Act of 1993, as amended.
       Of the amount made available under this heading, 
     $21,000,000 shall be available for neighborhood initiatives 
     that are utilized to improve the conditions of distressed and 
     blighted areas and neighborhoods, to stimulate investment, 
     economic diversification, and community revitalization in 
     areas with population outmigration or a stagnating or 
     declining economic base, or to determine whether housing 
     benefits can be integrated more effectively with welfare 
     reform initiatives: Provided, That these grants shall be 
     provided in accordance with the terms and conditions 
     specified in the report accompanying this Act.
       Of the amount made available under this heading, 
     $140,000,000 shall be available for grants for the Economic 
     Development Initiative (EDI) to finance a variety of targeted 
     economic investments in accordance with the terms and 
     conditions specified in the report accompanying this Act.
       The referenced statement of the managers under this heading 
     in title II of Division K of the Consolidated Appropriations 
     Resolution, 2003 (Public Law 108-7; H. Rept. 108-10) is 
     deemed to be amended with respect to item number 721 by 
     striking ``training'' and inserting ``creation, small 
     business development and quality of life improvements within 
     the State of South Carolina''.
       The referenced statement of the managers under this heading 
     in title II of Division K of the Consolidated Appropriations 
     Resolution, 2003 (Public Law 108-7; H. Rept. 108-10) is 
     deemed to be amended with respect to item number 317 by 
     striking ``135,000'' and inserting ``151,000''.
       The referenced statement of the managers under this heading 
     in title II of Division K of the Consolidated Appropriations 
     Resolution, 2003 (Public Law 108-7; H. Rept. 108-10) is 
     deemed to be amended with respect to item number 324 by 
     striking ``225,000'' and inserting ``209,000''.


         community development loan guarantees program account

                     (including transfer of funds)

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


                       brownfields redevelopment

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


                  home investment partnerships program

                     (including transfer of funds)

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


                       homeless assistance grants

                     (including transfer of funds)

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


                    Urban Development Action Grants

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

                            Housing Programs


                    housing for special populations

                     (including transfer of funds)

       For assistance for the purchase, construction, acquisition, 
     or development of additional public and subsidized housing 
     units for low income families not otherwise provided for, 
     $1,033,801,000, to remain available until September 30, 2007: 
     Provided, That $783,286,000, plus recaptures or cancelled 
     commitments, shall be for capital advances, including 
     amendments to capital advance contracts, for housing for the 
     elderly, as authorized by section 202 of the Housing Act of 
     1959, as amended, and for project rental assistance for the 
     elderly under section 202(c)(2) of such Act, including 
     amendments to contracts for such assistance and renewal of 
     expiring contracts for such assistance for up to a 1-year 
     term, and for supportive services associated with the 
     housing, of which amount $50,000,000 shall be for service 
     coordinators and the continuation of existing congregate 
     service grants for residents of assisted housing projects, of 
     which amount up to $30,000,000 shall be for grants under 
     section 202b of the Housing Act of 1959 (12 U.S.C. 1701q-2) 
     for conversion of eligible projects under such section to 
     assisted

[[Page 29330]]

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


                         flexible subsidy fund

                          (transfer of funds)

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


                       rental housing assistance

                              (rescission)

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


                  manufactured housing fees trust fund

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

                     Federal Housing Administration


               mutual mortgage insurance program account

                     (including transfers of funds)

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


                general and special risk program account

                     (including transfers of funds)

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

                Government National Mortgage Association


guarantees of mortgage-backed securities loan guarantee program account

                     (including transfer of funds)

       New commitments to issue guarantees to carry out the 
     purposes of section 306 of the National Housing Act, as 
     amended (12 U.S.C. 1721(g)), shall not exceed 
     $200,000,000,000, to remain available until September 30, 
     2005.
       For administrative expenses necessary to carry out the 
     guaranteed mortgage-backed securities program, $10,695,000, 
     to be derived from the GNMA guarantees of mortgage-backed 
     securities guaranteed loan receipt account, of which not to 
     exceed $10,695,000, shall be transferred to the appropriation 
     for ``Salaries and expenses''.

                    Policy Development and Research


                        research and technology

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

                   Fair Housing and Equal Opportunity


                        fair housing activities

       For contracts, grants, and other assistance, not otherwise 
     provided for, as authorized by title VIII of the Civil Rights 
     Act of 1968, as amended by the Fair Housing Amendments Act of 
     1988, and section 561 of the Housing and Community 
     Development Act of 1987, as amended, $50,000,000, to remain 
     available until September 30, 2005, of which $20,000,000 
     shall be to

[[Page 29331]]

     carry out activities pursuant to such section 561: Provided, 
     That no funds made available under this heading shall be used 
     to lobby the executive or legislative branches of the Federal 
     Government in connection with a specific contract, grant or 
     loan.

                     Office of Lead Hazard Control


                         lead hazard reduction

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

                     Management and Administration


                         salaries and expenses

                     (including transfer of funds)

       For necessary administrative and non-administrative 
     expenses of the Department of Housing and Urban Development, 
     not otherwise provided for, including purchase of uniforms, 
     or allowances therefor, as authorized by 5 U.S.C. 5901-5902; 
     hire of passenger motor vehicles; services as authorized by 5 
     U.S.C. 3109; and not to exceed $25,000 for official reception 
     and representation expenses, $1,111,530,000, of which 
     $564,000,000 shall be provided from the various funds of the 
     Federal Housing Administration, $10,695,000 shall be provided 
     from funds of the Government National Mortgage Association, 
     $1,000,000 shall be provided from the ``Community development 
     loan guarantees program'' account, $150,000 shall be provided 
     by transfer from the ``Native American housing block grants'' 
     account, $250,000 shall be provided by transfer from the 
     ``Indian housing loan guarantee fund program'' account and 
     $35,000 shall be transferred from the ``Native Hawaiian 
     housing loan guarantee fund'' account: Provided further, That 
     the General Counsel of the Department of Housing and Urban 
     Development shall have for fiscal year 2004 and all fiscal 
     years hereafter overall responsibility for all issues related 
     to appropriations law: Provided further, That the Secretary 
     shall fill 7 out of 10 vacancies at the GS-14 and GS-15 
     levels until the total number of GS-14 and GS-15 positions in 
     the Department has been reduced from the number of GS-14 and 
     GS-15 positions on the date of enactment of Public Law 106-
     377 by 2\1/2\ percent: Provided further, That no funds shall 
     be made available for the salaries (other than pensions and 
     related costs) of any employees who had significant 
     responsibility for allocating funding for the overleasing of 
     vouchers by public housing agencies.


                          working capital fund

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


                      office of inspector general

                     (including transfer of funds)

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


                         consolidated fee fund

                              (rescission)

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

             Office of Federal Housing Enterprise Oversight


                         Salaries and Expenses

                     (including transfer of funds)

       For carrying out the Federal Housing Enterprises Financial 
     Safety and Soundness Act of 1992, including not to exceed 
     $500 for official reception and representation expenses, 
     $39,915,000, to remain available until expended, to be 
     derived from the Federal Housing Enterprise Oversight Fund: 
     Provided, That not less than 60 percent of the total amount 
     made available under this heading shall be used for licensed 
     audit personnel and audit support: Provided further, That an 
     additional $10,000,000 shall be made available until 
     expended, to be derived from the Federal Housing Enterprise 
     Oversight Fund only upon a certification by the Secretary of 
     the Treasury that these funds are necessary to meet an 
     emergency need: Provided further, That not to exceed such 
     amounts shall be available from the general fund of the 
     Treasury to the extent necessary to incur obligations and 
     make expenditures pending the receipt of collections to the 
     Fund: Provided further, That the general fund amount shall be 
     reduced as collections are received during the fiscal year so 
     as to result in a final appropriation from the general fund 
     estimated at not more than $0.

                       Administrative Provisions

       Sec. 201. Fifty percent of the amounts of budget authority, 
     or in lieu thereof 50 percent of the cash amounts associated 
     with such budget authority, that are recaptured from projects 
     described in section 1012(a) of the Stewart B. McKinney 
     Homeless Assistance Amendments Act of 1988 (42 U.S.C. 1437 
     note) shall be rescinded, or in the case of cash, shall be 
     remitted to the Treasury, and such amounts of budget 
     authority or cash recaptured and not rescinded or remitted to 
     the Treasury shall be used by State housing finance agencies 
     or local governments or local housing agencies with projects 
     approved by the Secretary of Housing and Urban Development 
     for which settlement occurred after January 1, 1992, in 
     accordance with such section. Notwithstanding the previous 
     sentence, the Secretary may award up to 15 percent of the 
     budget authority or cash recaptured and not rescinded or 
     remitted to the Treasury to provide project owners with 
     incentives to refinance their project at a lower interest 
     rate.
       Sec. 202. None of the amounts made available under this Act 
     may be used during fiscal year 2004 to investigate or 
     prosecute under the Fair Housing Act any otherwise lawful 
     activity engaged in by one or more persons, including the 
     filing or maintaining of a non-frivolous legal action, that 
     is engaged in solely for the purpose of achieving or 
     preventing action by a Government official or entity, or a 
     court of competent jurisdiction.
       Sec. 203. (a) Notwithstanding section 854(c)(1)(A) of the 
     AIDS Housing Opportunity Act (42 U.S.C. 12903(c)(1)(A)), from 
     any amounts made available under this title for fiscal year 
     2004 that are allocated under such section, the Secretary of 
     Housing and Urban Development shall allocate and make a 
     grant, in the amount determined under subsection (b), for any 
     State that--
       (1) received an allocation in a prior fiscal year under 
     clause (ii) of such section; and
       (2) is not otherwise eligible for an allocation for fiscal 
     year 2004 under such clause (ii) because the areas in the 
     State outside of the metropolitan statistical areas that 
     qualify under clause (i) in fiscal year 2004 do not have the 
     number of cases of acquired immunodeficiency syndrome (AIDS) 
     required under such clause.
       (b) The amount of the allocation and grant for any State 
     described in subsection (a) shall be an amount based on the 
     cumulative number of AIDS cases in the areas of that State 
     that are outside of metropolitan statistical areas that 
     qualify under clause (i) of such section 854(c)(1)(A) in 
     fiscal year 2004, in proportion to AIDS cases among cities 
     and States that qualify under clauses (i) and (ii) of such 
     section and States deemed eligible under subsection (a).
       Sec. 204. Except as explicitly provided in law, any grant 
     or assistance made pursuant to title II of this Act shall be 
     made on a competitive basis in accordance with section 102 of 
     the Department of Housing and Urban Development Reform Act of 
     1989.
       Sec. 205. Funds of the Department of Housing and Urban 
     Development subject to the Government Corporation Control Act 
     or section 402 of the Housing Act of 1950 shall be available, 
     without regard to the limitations on administrative expenses, 
     for legal services on a contract or fee basis, and for 
     utilizing and making payment for services and facilities of 
     the Federal National Mortgage Association, Government 
     National Mortgage Association, Federal Home Loan Mortgage 
     Corporation, Federal Financing Bank, Federal Reserve banks or 
     any member thereof, Federal Home Loan banks, and any insured 
     bank within the meaning of the Federal Deposit Insurance 
     Corporation Act, as amended (12 U.S.C. 1811-1831).
       Sec. 206. Unless otherwise provided for in this Act or 
     through a reprogramming of funds, no part of any 
     appropriation for the Department of Housing and Urban 
     Development shall be available for any program, project or 
     activity in excess of amounts set forth in the budget 
     estimates submitted to Congress.
       Sec. 207. Corporations and agencies of the Department of 
     Housing and Urban Development which are subject to the 
     Government Corporation Control Act, as amended, are hereby 
     authorized to make such expenditures, within the

[[Page 29332]]

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


         ``Payment Rewards for Certain Single Family Mortgages

       ``Sec. 257. For purposes of establishing an alternative to 
     high cost mortgages for borrowers with credit impairments, 
     the Secretary may insure under sections 203(b) and 234(c) of 
     this title any mortgage that meets the requirements of such 
     sections, except as provided in the following sentences. The 
     Secretary may establish lower percentage of appraised value 
     limitations than those provided in section 203(b)(2)(B). 
     Notwithstanding section 203(c)(2)(B), the Secretary may 
     establish and collect annual premium payments in an amount 
     not exceeding 1.0 percent of the remaining insured principal 
     balance and such payments may be reduced or eliminated in 
     subsequent years based on mortgage payment performance. All 
     mortgages insured pursuant to this section shall be 
     obligations of the Mutual Mortgage Insurance Fund 
     notwithstanding section 519 of this Act.''.
       Sec. 220. (a) Information Comparisons for Public and 
     Assisted Housing Programs.--Section 453(j) of the Social 
     Security Act (42 U.S.C. 653(j)) is amended by adding at the 
     end the following new paragraph:
       ``(7) Information comparisons for housing assistance 
     programs.--
       ``(A) Furnishing of information by hud.--Subject to 
     subparagraph (G), the Secretary of Housing and Urban 
     Development shall furnish to the Secretary, on such periodic 
     basis as determined by the Secretary of Housing and Urban 
     Development in consultation with the Secretary, information 
     in the custody of the Secretary of Housing and Urban 
     Development for comparison with information in the National 
     Directory of New Hires, in order to obtain information in 
     such Directory with respect to individuals who are 
     participating in any program under--
       ``(i) the United States Housing Act of 1937 (42 U.S.C. 1437 
     et seq.);
       ``(ii) section 202 of the Housing Act of 1959 (12 U.S.C. 
     1701q);
       ``(iii) section 221(d)(3), 221(d)(5), or 236 of the 
     National Housing Act (12 U.S.C. 1715l(d) and 1715z-1);
       ``(iv) section 811 of the Cranston-Gonzalez National 
     Affordable Housing Act (42 U.S.C. 8013); or
       ``(v) section 101 of the Housing and Urban Development Act 
     of 1965 (12 U.S.C. 1701s).
       ``(B) Requirement to seek minimum information.--The 
     Secretary of Housing and Urban

[[Page 29333]]

     Development shall seek information pursuant to this section 
     only to the extent necessary to verify the employment and 
     income of individuals described in subparagraph (A).
       ``(C) Duties of the secretary.--
       ``(i) Information disclosure.--The Secretary, in 
     cooperation with the Secretary of Housing and Urban 
     Development, shall compare information in the National 
     Directory of New Hires with information provided by the 
     Secretary of Housing and Urban Development with respect to 
     individuals described in subparagraph (A), and shall disclose 
     information in such Directory regarding such individuals to 
     the Secretary of Housing and Urban Development, in accordance 
     with this paragraph, for the purposes specified in this 
     paragraph.
       ``(ii) Condition on disclosure.--The Secretary shall make 
     disclosures in accordance with clause (i) only to the extent 
     that the Secretary determines that such disclosures do not 
     interfere with the effective operation of the program under 
     this part.
       ``(D) Use of information by hud.--The Secretary of Housing 
     and Urban Development may use information resulting from a 
     data match pursuant to this paragraph only--
       ``(i) for the purpose of verifying the employment and 
     income of individuals described in subparagraph (A); and
       ``(ii) after removal of personal identifiers, to conduct 
     analyses of the employment and income reporting of 
     individuals described in subparagraph (A).
       ``(E) Disclosure of information by hud.--
       ``(i) Purpose of disclosure.--The Secretary of Housing and 
     Urban Development may make a disclosure under this 
     subparagraph only for the purpose of verifying the employment 
     and income of individuals described in subparagraph (A).
       ``(ii) Disclosures permitted.--Subject to clause (iii), the 
     Secretary of Housing and Urban Development may disclose 
     information resulting from a data match pursuant to this 
     paragraph only to a public housing agency, the Inspector 
     General of the Department of Housing and Urban Development, 
     and the Attorney General in connection with the 
     administration of a program described in subparagraph (A). 
     Information obtained by the Secretary of Housing and Urban 
     Development pursuant to this paragraph shall not be made 
     available under section 552 of title 5, United States Code.
       ``(iii) Conditions on disclosure.--Disclosures under this 
     paragraph shall be--

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

       ``(iv) Additional disclosures.--

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

       ``(v) Restrictions on redisclosure.--A person or entity to 
     which information is disclosed under this subparagraph may 
     use or disclose such information only as needed for verifying 
     the employment and income of individuals described in 
     subparagraph (A), subject to the conditions in clause (iii) 
     and such additional conditions as agreed to by the 
     Secretaries.
       ``(F) Reimbursement of hhs costs.--The Secretary of Housing 
     and Urban Development shall reimburse the Secretary, in 
     accordance with subsection (k)(3), for the costs incurred by 
     the Secretary in furnishing the information requested under 
     this paragraph.
       ``(G) Consent.--The Secretary of Housing and Urban 
     Development shall not seek, use, or disclose information 
     under this paragraph relating to an individual without the 
     prior written consent of such individual (or of a person 
     legally authorized to consent on behalf of such 
     individual).''.
       (b) Consent to Information Comparison and Use as Condition 
     of Hud Program Eligibility.--As a condition of participating 
     in any program authorized under--
       (1) the United States Housing Act of 1937 (42 U.S.C. 1437 
     et seq.);
       (2) section 202 of the Housing Act of 1959 (12 U.S.C. 
     1701q);
       (3) section 221(d)(3), 221(d)(5), or 236 of the National 
     Housing Act (12 U.S.C. 1715l(d) and 1715z-1);
       (4) section 811 of the Cranston-Gonzalez National 
     Affordable Housing Act (42 U.S.C. 8013); or
       (5) section 101 of the Housing and Urban Development Act of 
     1965 (12 U.S.C. 1701s),
     the Secretary of Housing and Urban Development may require 
     consent by an individual (or by a person legally authorized 
     to consent on behalf of such individual) for such Secretary 
     to obtain, use, and disclose information with respect to such 
     individual in accordance with section 453(j)(7) of the Social 
     Security Act (42 U.S.C. 653(j)(7)).
       Sec. 221. Section 9 of the United States Housing Act of 
     1937 is amended by inserting at the end the following new 
     subsection:
       ``(o) Loan Guarantee Development Funding.--
       ``(1) In order to facilitate the financing of the 
     rehabilitation and development needs of public housing, the 
     Secretary is authorized to provide loan guarantees for public 
     housing agencies to enter into loans or other financial 
     obligations with financial institutions for the purpose of 
     financing the rehabilitation of a portion of public housing 
     or the development off-site of public housing in mixed income 
     developments (including demolition costs of the public 
     housing units to be replaced), provided that the number of 
     public housing units developed off-site replaces no less than 
     an equal number of on-site public housing units in a project. 
     Loans or other obligations entered into pursuant to this 
     subsection shall be in such form and denominations, have such 
     maturities, and be subject to such conditions as may be 
     prescribed by regulations issued by the Secretary.
       ``(2) The Secretary may prohibit a public housing agency 
     from obtaining a loan under this subsection only if the 
     rehabilitation or replacement housing proposed by a public 
     housing agency is inconsistent with its Public Housing Agency 
     Plan, as submitted under section 5A, or the proposed terms of 
     the guaranteed loan constitutes an unacceptable financial 
     risk to the public housing agency or for repayment of the 
     loan under this subsection.
       ``(3) Notwithstanding any other provision of this title, 
     funding allocated to a public housing agency under 
     subsections (d)(2) and (e)(2) of this section for capital and 
     operating funds is authorized for use in the payment of the 
     principal and interest due (including such servicing, 
     underwriting or other costs as may be specified in the 
     regulations of the Secretary) on the loans or other 
     obligations entered into pursuant to this subsection.
       ``(4) The amount of any loan or other obligation entered 
     into under this subsection shall not exceed in total the pro-
     rata amount of funds that would be allocated over a period 
     not to exceed 30 years under subsections (d)(2) and (e)(2) of 
     this section on a per unit basis as a percentage of the 
     number of units that are designated to be rehabilitated or 
     replaced under this subsection by a public housing agency as 
     compared to the total number of units in the public housing 
     development, as determined on the basis of funds made 
     available under such subsections (d)(2) and (e)(2) in the 
     previous year. Any reduction in the total amount of funds 
     provided to a public housing agency under this section in 
     subsequent years shall not reduce the amount of funds to be 
     paid under a loan entered into under this subsection but 
     instead shall reduce the capital and operating funds which 
     are available for the other housing units in the public 
     housing development in that fiscal year. Any additional 
     income, including the receipt of rental income from tenants, 
     generated by the rehabilitated or replaced units may be used 
     to establish a loan loss reserve for the public housing 
     agency to assist in the repayment of loans or other 
     obligations entered into under this subsection or to address 
     any shortfall in the operating or capital needs of the public 
     housing agency in any fiscal year.
       ``(5) Subject to appropriations, the Secretary may use 
     funds from the Public Housing Capital Fund to--
       ``(A) establish a loan loss reserve account within the 
     Department of Housing and Urban Development to minimize the 
     risk of loss associated with the repayment of loans 
     guaranteed under this subsection,
       ``(B) make grants to a public housing agency for capital 
     investment needs or for the creation of a loan loss reserve 
     account to be used in conjunction with a loan made under this 
     subsection for the rehabilitation of a portion of public 
     housing or the development off-site of public housing in 
     mixed income developments (including demolition costs of the 
     public housing units to be replaced), or
       ``(C) or repay any losses associated with a loan guarantee 
     under this subsection.
       ``(6) The Secretary may, to the extent approved in 
     appropriations Acts, assist in the payment of all or a 
     portion of the principal and interest amount due under the 
     loan or other obligation entered into under this subsection, 
     if the Secretary determines that the public housing agency is 
     unable to pay the amount it owes because of circumstances of 
     extreme hardship beyond the control of the public housing 
     agency.''.
       Sec. 222. Section 204(a) of the McKinney-Vento Homeless 
     Assistance Act (42 U.S.C. 11314(a)) is amended by striking in 
     the first sentence after the word ``level'', ``V'', and 
     inserting in its place ``III''.
       Sec. 223. Notwithstanding any other provision of law, the 
     State of Hawaii may elect by July 31, 2004 to distribute 
     funds under section 106(d)(2) of the Housing and Community 
     Development Act of 1974, to units of general local government 
     located in nonentitlement areas of that State. If the State 
     of Hawaii fails to make such election, the Secretary shall 
     for fiscal years 2005 and thereafter make grants to the units 
     of general local government located in the State of Hawaii's 
     nonentitlement areas (Hawaii, Kauai,

[[Page 29334]]

     and Maui counties). The Secretary of Housing and Urban 
     Development shall allocate funds under section 106(d) of such 
     Act to units of general local government located in 
     nonentitlement areas within the State of Hawaii in accordance 
     with a formula which bears the same ratio to the total amount 
     available for the nonentitlement areas of the State as the 
     weighted average of the ratios between (1) the population of 
     that eligible unit of general local government and the 
     population of all eligible units of general local government 
     in the nonentitlement areas of the State; (2) the extent of 
     poverty in that eligible unit of general local government and 
     the extent of poverty in all of the eligible units of general 
     local government in the nonentitlement areas of the State; 
     and (3) the extent of housing overcrowding in that eligible 
     unit of general local government and the extent of housing 
     overcrowding in all of the eligible units of general local 
     government in the nonentitlement areas of the State. In 
     determining the weighted average of the ratios described in 
     the previous sentence, the ratio described in clause (2) 
     shall be counted twice and the ratios described in clauses 
     (1) and (3) shall be counted once. Notwithstanding any other 
     provision, grants made under this section shall be subject to 
     the program requirements of section 104 of the Housing and 
     Community Development Act of 1974 in the same manner as such 
     requirements are made applicable to grants made under section 
     106(b) of the Housing and Community Development Act of 1974.
       Sec. 224. The Secretary of Housing and Urban Development 
     shall issue a proposed rulemaking, in accordance with Title 
     V, United States Code, not later than 90 days from the date 
     of enactment of this Act that--
       (1) addresses and expands, as necessary, the participation 
     and certification requirements for the sale of HUD-owned 
     multifamily housing projects and the foreclosure sale of any 
     multifamily housing securing a mortgage held by the 
     Secretary, including whether a potential purchaser is in 
     substantial compliance with applicable state or local 
     government housing statutes, regulations, ordinances and 
     codes with regard to other properties owned by the purchaser; 
     and
       (2) requires any state, city, or municipality that 
     exercises its right of first refusal for the purchase of a 
     multifamily housing project under section 203 of the Housing 
     and Community Development Amendments of 1978 (12 U.S.C. 
     1701z-11(i)) to ensure that potential purchasers of the 
     project from the state, city, or municipality are subject to 
     the same standards that they would otherwise be subject to if 
     they had purchased the project directly from the Secretary, 
     including whether a potential purchaser is in substantial 
     compliance with applicable state or local government housing 
     statutes, regulations, ordinances and codes with regard to 
     other properties owned by the purchaser.
       Sec. 225. Section 217 of Public Law 107-73 is amended by 
     striking ``the rehabilitation'' and inserting in lieu 
     thereof: ``redevelopment, including demolition and new 
     construction''.
       Sec. 226. Native American Housing. Of the amounts made 
     available to carry out the Native American Housing Assistance 
     and Self-Determination Act of 1996 (25 U.S.C. 4101 et seq.) 
     for fiscal year 2004, there shall be made available to each 
     grant recipient the same percentage of funding as each 
     recipient received for fiscal year 2003.
       Sec. 227. Rural Teacher Housing. Section 307 of the Denali 
     Commission Act of 1998 (42 U.S.C. 3121 note) is amended by 
     adding at the end the following:
       ``(e) Rural Teacher Housing.--The Commission may make 
     grants and loans to public school districts serving remote 
     incorporated cities and unincorporated communities in Alaska 
     (including Alaska Native Villages) with a population of 6,500 
     or fewer persons for expenses associated with the 
     construction, purchase, lease, and rehabilitation of housing 
     units in such cities and communities. Unless otherwise 
     authorized by the Commission, such units may be occupied only 
     by teachers, school administrators, and other school staff 
     (including members of their households).''.
       Sec. 228. The Secretary of Housing and Urban Development 
     shall conduct negotiated rulemaking with representatives from 
     interested parties for purposes of any changes to the formula 
     governing the Public Housing Operating Fund. A final rule 
     shall be issued no later than July 31, 2004.

                    TITLE III--INDEPENDENT AGENCIES

                  American Battle Monuments Commission


                         salaries and expenses

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

             Chemical Safety and Hazard Investigation Board


                         SALARIES AND EXPENSES

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

                       Department of the Treasury

              Community Development Financial Institutions


   community development financial institutions fund program account

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

                   Consumer Product Safety Commission


                         salaries and expenses

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

             Corporation for National and Community Service


       national and community service programs operating expenses

                     (including transfer of funds)

       For necessary expenses for the Corporation for National and 
     Community Service (the ``Corporation'') in carrying out 
     programs, activities, and initiatives under the National and 
     Community Service Act of 1990 (the ``Act'') (42 U.S.C. 12501 
     et seq.), $452,575,000, to remain available until September 
     30, 2005: Provided, That not more than $330,000,000 of the 
     amount provided under this heading shall be available for the 
     National Service Trust under subtitle D of title I of the Act 
     (42 U.S.C. 12601 et seq.) and for grants under the National 
     Service Trust Program authorized under subtitle C of title I 
     of the Act (42 U.S.C. 12571 et seq.) (relating to activities 
     of the AmeriCorps program), including grants to organizations 
     operating projects under the AmeriCorps Education Awards 
     Program (without regard to the requirements of sections 
     121(d) and (e), section 131(e), section 132, and sections 
     140(a), (d), and (e) of the Act): Provided further, That from 
     the amount provided under the previous proviso, the 
     Corporation may transfer funds as necessary, to remain 
     available without fiscal year limitation, to the National 
     Service Trust for educational awards authorized under 
     subtitle D of title I of the Act (42 U.S.C. 12601), of which 
     up to $5,000,000 shall be available to support national 
     service scholarships for high school students performing 
     community service: Provided further, That the Corporation 
     shall approve and enroll AmeriCorps members pursuant to the 
     Strengthen AmeriCorps Program Act (Public Law 108-45): 
     Provided further, That of the amount provided under this 
     heading for grants under the National Service Trust program 
     authorized under subtitle C of title I of the Act, not more 
     than $50,000,000 may be used to administer, reimburse, or 
     support any national service program authorized under section 
     121(d)(2) of such Act (42 U.S.C. 12581(d)(2)): Provided 
     further, That not more than $14,575,000 shall be available 
     for quality and innovation activities authorized under 
     subtitle H of title I of the Act (42 U.S.C. 12853 et seq.), 
     of which $5,000,000 shall be available for challenge grants 
     to non-profit organizations: Provided further, That 
     notwithstanding subtitle H of title I of the Act (42 U.S.C. 
     12853), none of the funds provided under the previous proviso 
     shall be used to support salaries and related expenses 
     (including travel) attributable to Corporation employees: 
     Provided further, That to the maximum extent feasible, funds 
     appropriated under subtitle C of title I of the Act shall be 
     provided in a manner that is consistent with the 
     recommendations of peer review panels in order to ensure that 
     priority is given to programs that demonstrate quality, 
     innovation, replicability, and sustainability: Provided 
     further, That not more than $10,000,000 of the funds made 
     available under this heading shall be made available for the 
     Points of Light Foundation for activities authorized under 
     title III of the Act (42 U.S.C.

[[Page 29335]]

     12661 et seq.), of which not more than $2,500,000 may be used 
     to support an endowment fund, the corpus of which shall 
     remain intact and the interest income from which shall be 
     used to support activities described in title III of the Act, 
     provided that the Foundation may invest the corpus and income 
     in federally insured bank savings accounts or comparable 
     interest bearing accounts, certificates of deposit, money 
     market funds, mutual funds, obligations of the United States, 
     and other market instruments and securities but not in real 
     estate investments: Provided further, That no funds shall be 
     available for national service programs run by Federal 
     agencies authorized under section 121(b) of such Act (42 
     U.S.C. 12571(b)): Provided further, That not more than 
     $5,000,000 of the funds made available under this heading 
     shall be made available to America's Promise--The Alliance 
     for Youth, Inc.: Provided further, That to the maximum extent 
     practicable, the Corporation shall increase significantly the 
     level of matching funds and in-kind contributions provided by 
     the private sector, and shall reduce the total Federal costs 
     per participant in all programs by not less than 10 percent: 
     Provided further, That the Inspector General of the 
     Corporation for National and Community Service shall conduct 
     random audits of the grantees that administer activities 
     under the AmeriCorps programs and shall debar any grantee (or 
     successor in interest or any entity with substantially the 
     same person or persons in control) that has been determined 
     to have committed any substantial violations of the 
     requirements of the AmeriCorps programs, including any 
     grantee that has been determined to have violated the 
     prohibition of using Federal funds to lobby the Congress: 
     Provided further, That the Inspector General shall obtain 
     reimbursements in the amount of any misused funds from any 
     grantee that has been determined to have committed any 
     substantial violations of the requirements of the AmeriCorps 
     programs: Provided further, That, for fiscal year 2004 and 
     every year thereafter, the Corporation shall make any 
     significant changes to program requirements or policy only 
     through public notice and comment rulemaking:  Provided 
     further, That, for fiscal year 2004 and every year 
     thereafter, during any grant selection process, no officer or 
     employee of the Corporation shall knowingly disclose any 
     covered grant selection information regarding such selection, 
     directly or indirectly, to any person other than an officer 
     or employee of the Corporation that is authorized by the 
     Corporation to receive such information: Provided further, 
     That the Corporation shall offer any individual selected 
     after October 31, 2002, for initial enrollment or 
     reenrollment as a VISTA volunteer under title I of the 
     Domestic Volunteer Service Act of 1973 (42 U.S.C. 4951 et 
     seq.) the option of receiving a national service educational 
     award under subtitle D of title I of the National and 
     Community Service Act of 1990 (42 U.S.C. 12601 et seq.)'' 
     after ``programs''.


                         SALARIES AND EXPENSES

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


                      office of inspector general

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


                       administrative provisions

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

           United States Court of Appeals for Veterans Claims


                         salaries and expenses

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

                      Department of Defense--Civil

                       Cemeterial Expenses, Army


                         salaries and expenses

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

                Department of Health and Human Services

                     National Institutes of Health


          national institute of environmental health sciences

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

            Agency for Toxic Substances and Disease Registry


            toxic substances and environmental public health

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

                    Environmental Protection Agency


                         science and technology

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


                 environmental programs and management

       For environmental programs and management, including 
     necessary expenses, not otherwise provided for, for personnel 
     and related costs and travel expenses, including uniforms, or 
     allowances therefor, as authorized by 5 U.S.C. 5901-5902; 
     services as authorized by 5 U.S.C. 3109, but at rates for 
     individuals not to exceed the per diem rate equivalent to the 
     maximum rate payable for senior level positions under 5 
     U.S.C. 5376; hire of passenger motor vehicles; hire, 
     maintenance, and operation of aircraft; purchase of reprints; 
     library memberships in societies or associations which issue 
     publications to members only or at a price to members lower 
     than to subscribers who are not members; construction, 
     alteration, repair, rehabilitation, and renovation of 
     facilities, not to exceed $75,000 per project; and not to 
     exceed $9,000 for official reception and representation 
     expenses, $2,219,659,000, which shall remain available until 
     September 30, 2005, including administrative costs of the 
     brownfields program under theSmall Business Liability Relief 
     and Brownfields Revitalization Act of 2002, of which, in 
     addition to any other amounts provided under this heading for 
     the Office of Enforcement and Compliance Assurance, 
     $5,400,000 shall be made available for that office.


                      office of inspector general

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


                        buildings and facilities

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


                     Hazardous Substance Superfund

                     (including transfers of funds)

       For necessary expenses to carry out the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (CERCLA), as amended, including sections 111(c)(3), 
     (c)(5), (c)(6), and (e)(4) (42 U.S.C. 9611), and for 
     construction, alteration, repair, rehabilitation, and 
     renovation of facilities, not to exceed $75,000 per project; 
     $1,265,000,000 (of which $100,000,000 shall not become 
     available until September 1,

[[Page 29336]]

     2003), to remain available until expended, consisting of such 
     sums as are available in the Trust Fund as authorized by 
     section 517(a) of the Superfund Amendments and 
     Reauthorization Act of 1986 (SARA) and up to $1,265,000,000 
     as a payment from general revenues to the Hazardous Substance 
     Superfund for purposes as authorized by section 517(b) of 
     SARA, as amended: Provided, That funds appropriated under 
     this heading may be allocated to other Federal agencies in 
     accordance with section 111(a) of CERCLA: Provided further, 
     That of the funds appropriated under this heading, 
     $13,214,000 shall be transferred to the ``Office of Inspector 
     General'' appropriation to remain available until September 
     30, 2005, and $45,000,000 shall be transferred to the 
     ``Science and technology'' appropriation to remain available 
     until September 30, 2005.


                leaking underground storage tank program

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


                           oil spill response

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


                   state and tribal assistance grants

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


                       administrative provisions

       For fiscal year 2004, notwithstanding 31 U.S.C. 6303(1) and 
     6305(1), the Administrator of the Environmental Protection 
     Agency, in carrying out the Agency's function to implement 
     directly Federal environmental programs required or 
     authorized by law in the absence of an acceptable tribal 
     program, may award cooperative agreements to federally-
     recognized Indian Tribes or Intertribal consortia, if 
     authorized by their member Tribes, to assist the 
     Administrator in implementing Federal environmental programs 
     for Indian Tribes required or authorized by law, except that 
     no such cooperative agreements may be awarded from funds 
     designated for State financial assistance agreements.
       Notwithstanding CERCLA 104(k)(4)(B)(i)(IV), appropriated 
     funds may hereafter be used to award grants or loans under 
     section 104(k) of CERCLA to eligible entities that satisfy 
     all of the elements set forth in CERCLA section 101(40) to 
     qualify as a bona fide prospective purchaser except that the 
     date of acquisition of the property was prior to the date of 
     enactment of the Small Business Liability Relief and 
     Brownfield Revitalization Act of 2001.
       For fiscal year 2004, notwithstanding any other provision 
     of law, recipients of grants awarded under section 104(k) of 
     the Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (42 U.S.C. 9601 et seq.) may use funds 
     for reasonable administrative costs, as determined by the 
     Administrator of the Environmental Protection Agency.
       Section 209(e)(1) of the Clean Air Act (42 U.S.C. 
     7543(e)(1)) is amended by--
       (1) striking the words ``either of''; and
       (2) in subparagraph (A), adding before the period at the 
     end the following: ``, and any new spark-ignition engines 
     smaller than 50 horsepower''.

     Not later than December 1, 2004, the Administrator of the 
     Environmental Protection Agency shall propose regulations 
     containing new standards applicable to emissions from new 
     nonroad spark-ignition engines smaller than 50 horsepower.


     Designations of Areas for 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 
     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').

[[Page 29337]]

       ``(B) No preclusion of other provisions.--Nothing in this 
     paragraph precludes the implementation of the agreements and 
     recommendations stemming from the Grand Canyon Visibility 
     Transport Commission Report dated June 1996, including the 
     submission of State implementation plan revisions by the 
     States of Arizona, California, Colorado, Idaho, Nevada, New 
     Mexico, Oregon, Utah, or Wyoming by December 31, 2003, for 
     implementation of regional haze requirements applicable to 
     those States.''.
       (b) Relationship to Transportation Equity Act for the 21st 
     Century.--Except as provided in paragraphs (6) and (7) of 
     section 107(d) of the Clean Air Act (as added by subsection 
     (a)), section 6101, subsections (a) and (b) of section 6102, 
     and section 6103 of the Transportation Equity Act for the 
     21st Century (42 U.S.C. 7407 note; 112 Stat. 463), as in 
     effect on the day before the date of enactment of this Act, 
     shall remain in effect.

                   Executive Office of the President


                office of science and technology policy

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


  council on environmental quality and office of environmental quality

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

                 Federal Deposit Insurance Corporation


                      office of inspector general

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

                    General Services Administration


                federal citizen information center fund

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

           United States Interagency Council on Homelessness


                           OPERATING EXPENSES

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

             National Aeronautics and Space Administration


                       Space Flight Capabilities

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


                  Science, Aeronautics and Exploration

                     (including transfer of funds)

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


                      office of inspector general

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


                       Administrative Provisions

       Notwithstanding the limitation on the availability of funds 
     appropriated for ``Science, aeronautics and exploration'', or 
     ``Space flight capabilities'' by this appropriations Act, 
     when any activity has been initiated by the incurrence of 
     obligations for construction of facilities as authorized by 
     law, such amount available for such activity shall remain 
     available until expended. This provision does not apply to 
     the amounts appropriated for institutional minor 
     revitalization and construction of facilities, and 
     institutional facility planning and design.
       Notwithstanding the limitation on the availability of funds 
     appropriated for ``Science, aeronautics and exploration'', or 
     ``Space flight capabilities'' by this appropriations Act, the 
     amounts appropriated for construction of facilities shall 
     remain available until September 30, 2006.
       From amounts made available in this Act for these 
     activities, the Administration may transfer amounts between 
     aeronautics from the ``Science, aeronautics and exploration'' 
     account to the ``Space flight capabilities'' account, 
     provided NASA meets all reprogramming requirements.
       Funds for announced prizes otherwise authorized shall 
     remain available, without fiscal year limitation, until the 
     prize is claimed or the offer is withdrawn.
       NASA shall maintain a working capital fund in the United 
     States Treasury and report to the Congress on the status of 
     this fund by January 31, 2004. Amounts in the fund are 
     available for financing activities, services, equipment, 
     information, and facilities as authorized by law to be 
     provided within the Administration; to other agencies or 
     instrumentalities of the United States; to any State, 
     Territory, or possession or political subdivision thereof; to 
     other public or private agencies; or to any person, firm, 
     association, corporation, or educational institution on a 
     reimbursable basis. The fund shall also be available for the 
     purpose of funding capital repairs, renovations, 
     rehabilitation, sustainment, demolition, or replacement of 
     NASA real property, on a reimbursable basis within the 
     Administration. Amounts in the fund are available without 
     regard to fiscal year limitation. The capital of the fund 
     consists of amounts appropriated to the fund; the reasonable 
     value of stocks of supplies, equipment, and other assets and 
     inventories on order that the Administrator transfers to the 
     fund, less the related liabilities and unpaid obligations; 
     and payments received for loss or damage to property of the 
     fund. The fund shall be reimbursed, in advance, for supplies 
     and services at rates that will approximate the expenses of 
     operation, such as the accrual of annual leave, depreciation 
     of plant, property and equipment, and overhead.
       The unexpired balances of prior appropriations to NASA for 
     activities for which funds are provided under this Act may be 
     transferred to the new account established for the 
     appropriation that provides such activity under this Act. 
     Balances so transferred may be merged with funds in the newly 
     established account and thereafter may be accounted for as 
     one fund under the same terms and conditions.
       Notwithstanding any other provision of law, no funds under 
     this Act or any other Act may be used to compensate any 
     person who contracts with NASA who has otherwise chosen to 
     retire early or has taken a buy-out.

                  National Credit Union Administration


                       central liquidity facility

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


               community development revolving loan fund

       For the Community Development Revolving Loan Fund program 
     as authorized by 42 U.S.C. 9812, 9822 and 9910, $1,500,000 
     shall be available:

[[Page 29338]]

     Provided, That of this amount $700,000, together with amounts 
     of principal and interest on loans repaid, is available until 
     expended for loans to community development credit unions, 
     and $800,000 is available until September 30, 2005 for 
     technical assistance to low-income and community development 
     credit unions.

                      National Science Foundation


                    Research and Related Activities

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


          major research equipment and facilities construction

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


                     education and human resources

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


                         salaries and expenses

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


                  office of the NATIONAL SCIENCE BOARD

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


                      office of inspector general

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

                 Neighborhood Reinvestment Corporation


          payment to the neighborhood reinvestment corporation

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


                        Administrative Provision

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

                        Selective Service System


                         salaries and expenses

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

                      TITLE IV--GENERAL PROVISIONS

       Sec. 401. No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 402. No funds appropriated by this Act may be 
     expended--
       (1) pursuant to a certification of an officer or employee 
     of the United States unless--
       (A) such certification is accompanied by, or is part of, a 
     voucher or abstract which describes the payee or payees and 
     the items or services for which such expenditure is being 
     made; or
       (B) the expenditure of funds pursuant to such 
     certification, and without such a voucher or abstract, is 
     specifically authorized by law; and
       (2) unless such expenditure is subject to audit by the 
     General Accounting Office or is specifically exempt by law 
     from such audit.
       Sec. 403. None of the funds provided in this Act to any 
     department or agency may be obligated or expended for: (1) 
     the transportation of any officer or employee of such 
     department or agency between the domicile and the place of 
     employment of the officer or employee, with the exception of 
     an officer or employee authorized such transportation under 
     31 U.S.C. 1344 or 5 U.S.C. 7905; or (2) to provide a cook, 
     chauffeur, or other personal servants to any officer or 
     employee of such department or agency.
       Sec. 404. None of the funds provided in this Act may be 
     used for payment, through grants or contracts, to recipients 
     that do not share in the cost of conducting research 
     resulting from proposals not specifically solicited by the 
     Government: Provided, That the extent of cost sharing by the 
     recipient shall reflect the mutuality of interest of the 
     grantee or contractor and the Government in the research.
       Sec. 405. None of the funds provided in this Act may be 
     used, directly or through grants, to pay or to provide 
     reimbursement for payment of the salary of a consultant 
     (whether retained by the Federal Government or a grantee) at 
     more than the daily equivalent of the rate paid for level IV 
     of the Executive Schedule, unless specifically authorized by 
     law.
       Sec. 406. None of the funds provided in this Act may be 
     used to pay the expenses of, or otherwise compensate, non-
     Federal parties intervening in regulatory or adjudicatory 
     proceedings. Nothing herein affects the authority of the 
     Consumer Product Safety Commission pursuant to section 7 of 
     the Consumer Product Safety Act (15 U.S.C. 2056 et seq.).
       Sec. 407. Except as otherwise provided under existing law, 
     or under an existing Executive order issued pursuant to an 
     existing law, the obligation or expenditure of any 
     appropriation under this Act for contracts for any consulting 
     service shall be limited to contracts which are: (1) a matter 
     of public record and available for public inspection; and (2) 
     thereafter included in a publicly available list of all 
     contracts entered into within 24 months prior to the date on 
     which the list is made available to the public and of all 
     contracts on which performance has not been completed by such 
     date. The list required by the preceding sentence shall be 
     updated quarterly and shall include a narrative description 
     of the work to be performed under each such contract.
       Sec. 408. Except as otherwise provided by law, no part of 
     any appropriation contained in this Act shall be obligated or 
     expended by any executive agency, as referred to in the 
     Office of Federal Procurement Policy Act (41 U.S.C. 401 et 
     seq.), for a contract for services unless such executive 
     agency: (1) has awarded and entered into such contract in 
     full compliance with such Act and the regulations promulgated 
     thereunder; and (2) requires any report prepared pursuant to 
     such contract, including plans, evaluations, studies, 
     analyses and manuals, and any report prepared by the agency 
     which is substantially derived from or substantially includes 
     any report prepared pursuant to such contract, to contain 
     information concerning: (A) the contract pursuant to which 
     the report was prepared; and (B) the contractor who prepared 
     the report pursuant to such contract.
       Sec. 409. (a) It is the sense of the Congress that, to the 
     greatest extent practicable, all equipment and products 
     purchased with funds made available in this Act should be 
     American-made.
       (b) In providing financial assistance to, or entering into 
     any contract with, any entity using

[[Page 29339]]

     funds made available in this Act, the head of each Federal 
     agency, to the greatest extent practicable, shall provide to 
     such entity a notice describing the statement made in 
     subsection (a) by the Congress.
       Sec. 410. None of the funds appropriated in this Act may be 
     used to implement any cap on reimbursements to grantees for 
     indirect costs, except as published in Office of Management 
     and Budget Circular A-21.
       Sec. 411. Such sums as may be necessary for fiscal year 
     2004 pay raises for programs funded by this Act shall be 
     absorbed within the levels appropriated in this Act.
       Sec. 412. None of the funds made available in this Act may 
     be used for any program, project, or activity, when it is 
     made known to the Federal entity or official to which the 
     funds are made available that the program, project, or 
     activity is not in compliance with any Federal law relating 
     to risk assessment, the protection of private property 
     rights, or unfunded mandates.
       Sec. 413. Except in the case of entities that are funded 
     solely with Federal funds or any natural persons that are 
     funded under this Act, none of the funds in this Act shall be 
     used for the planning or execution of any program to pay the 
     expenses of, or otherwise compensate, non-Federal parties to 
     lobby or litigate in respect to adjudicatory proceedings 
     funded in this Act. A chief executive officer of any entity 
     receiving funds under this Act shall certify that none of 
     these funds have been used to engage in the lobbying of the 
     Federal Government or in litigation against the United States 
     unless authorized under existing law.
       Sec. 414. No part of any funds appropriated in this Act 
     shall be used by an agency of the executive branch, other 
     than for normal and recognized executive-legislative 
     relationships, for publicity or propaganda purposes, and for 
     the preparation, distribution or use of any kit, pamphlet, 
     booklet, publication, radio, television or film presentation 
     designed to support or defeat legislation pending before the 
     Congress, except in presentation to the Congress itself.
       Sec. 415. All Departments and agencies funded under this 
     Act are encouraged, within the limits of the existing 
     statutory authorities and funding, to expand their use of 
     ``E-Commerce'' technologies and procedures in the conduct of 
     their business practices and public service activities.
       Sec. 416. None of the funds made available in this Act may 
     be transferred to any department, agency, or instrumentality 
     of the United States Government that is established after the 
     date of the enactment of this Act, except pursuant to a 
     transfer made by, or transfer authority provided in, this Act 
     or any other appropriation Act.
       Sec. 417. None of the funds provided in this Act to any 
     department or agency shall be obligated or expended to 
     procure passenger automobiles as defined in 15 U.S.C. 2001 
     with an EPA estimated miles per gallon average of less than 
     22 miles per gallon.
       Sec. 418. Sense of the Senate. (a) Findings.--The Senate 
     finds that--
       (1) 30 percent of American families have housing 
     affordability problems, with 14,300,000 families paying more 
     than half of their income for housing costs, and 17,300,000 
     families paying 30 to 50 percent of their income towards 
     housing costs;
       (2) 9,300,000 American families live in housing that is 
     overcrowded or distressed;
       (3) 3,500,000 households in the United States will 
     experience homelessness at some point this year, including 
     1,350,000 children;
       (4) the number of working families who are unable to afford 
     adequate housing is increasing, as the gap between wages and 
     housing costs grows;
       (5) there is no county or metropolitan area in the country 
     where a minimum wage earner can afford to rent a modest 2-
     bedroom apartment, and on average, a family must earn over 
     $15 an hour to afford modest rental housing, which is almost 
     3 times the minimum wage;
       (6) section 8 housing vouchers help approximately 2,000,000 
     families with children, senior citizens, and disabled 
     individuals afford a safe and decent place to live;
       (7) utilization of vouchers is at a high of 96 percent, and 
     is on course to rise to 97 percent in fiscal year 2004, 
     according to data provided by the Department of Housing and 
     Urban Development;
       (8) the average cost per voucher has also steadily 
     increased from just over $6,400 in August of 2002, to $6,756 
     in April, 2003, due largely to rising rents in the private 
     market, and the Congressional Budget Office estimates that 
     the cost per voucher in fiscal year 2004 will be $7,028, $560 
     more per voucher than the estimate contained in the fiscal 
     year 2004 budget request; and
       (9) the congressionally appointed, bipartisan Millennial 
     Housing Commission found that housing vouchers are ``the 
     linchpin of a national housing policy providing very low-
     income renters access to privately-owned housing stock''.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that--
       (1) housing vouchers are a critical resource in ensuring 
     that families in America can afford safe, decent, and 
     adequate housing;
       (2) public housing agencies must retain the ability to use 
     100 percent of their authorized vouchers to help house low-
     income families; and
       (3) the Senate expects the Department of Housing and Urban 
     Development to take all necessary actions to encourage full 
     utilization of vouchers, and to use all legally available 
     resources as needed to support full funding for housing 
     vouchers in fiscal year 2004, so that every voucher can be 
     used by a family in need.
       Sec. 419. Section 106(d) of the Housing and Community 
     Development Act of 1974 (42 U.S.C. 5306(d)) is amended--
       (1) in paragraph (3)(A), by striking ``shall not exceed 2 
     percent'' and inserting ``shall not, subject to paragraph 
     (6), exceed 3 percent'';
       (2) in paragraph (5), by striking ``not to exceed 1 
     percent'' and inserting ``subject to paragraph (6), not to 
     exceed 3 percent'';
       (3) by redesignating the second paragraph (5) and paragraph 
     (6) as paragraphs (7) and (8), respectively; and
       (4) by inserting after paragraph (5) the following:
       ``(6) Of the amounts received under paragraph (1), the 
     State may deduct not more than an aggregate total of 3 
     percent of such amounts for--
       ``(A) administrative expenses under paragraph (3)(A); and
       ``(B) technical assistance under paragraph (5).''.
       Sec. 420. Sewer Overflow Control Grants. Section 221 of the 
     Federal Water Pollution Control Act (33 U.S.C. 1301) is 
     amended--
       (1) in subsection (f), by striking ``2002 and 2003'' and 
     inserting ``2005 and 2006'';
       (2) in subsection (g)(1)--
       (A) in the paragraph heading, by striking ``2002'' and 
     inserting ``2005''; and
       (B) by striking ``2002'' and inserting ``2005'';
       (3) in subsection (g)(2)--
       (A) in the paragraph heading, by striking ``2003'' and 
     inserting ``2006''; and
       (B) by striking ``2003'' and inserting ``2006''; and
       (4) in subsection (i), by striking ``2003'' and inserting 
     ``2006''.
       Sec. 421. (a) Congress makes the following findings:
       (1) During Operation Desert Shield and Operation Desert 
     Storm (in this section, collectively referred to as the 
     ``First Gulf War''), the regime of Saddam Hussein committed 
     grave human rights abuses and acts of terrorism against the 
     people of Iraq and citizens of the United States.
       (2) United States citizens who were taken prisoner by the 
     regime of Saddam Hussein during the First Gulf War were 
     brutally tortured and forced to endure severe physical trauma 
     and emotional abuse.
       (3) The regime of Saddam Hussein used civilian citizens of 
     the United States who were working in the Persian Gulf region 
     before and during the First Gulf War as so-called human 
     shields, threatening the personal safety and emotional well-
     being of such civilians.
       (4) Congress has recognized and authorized the right of 
     United States citizens, including prisoners of war, to hold 
     terrorist states, such as Iraq during the regime of Saddam 
     Hussein, liable for injuries caused by such states.
       (5) The United States district courts are authorized to 
     adjudicate cases brought by individuals injured by terrorist 
     states.
       (b) It is the sense of Congress that--
       (1) notwithstanding section 1503 of the Emergency Wartime 
     Supplemental Appropriations Act, 2003 (Public Law 108-11; 117 
     Stat. 579) and any other provision of law, a citizen of the 
     United States who was a prisoner of war or who was used by 
     the regime of Saddam Hussein and by Iraq as a so-called human 
     shield during the First Gulf War should have the opportunity 
     to have any claim for damages caused by the regime of Saddam 
     Hussein and by Iraq incurred by such citizen fully 
     adjudicated in the appropriate United States district court;
       (2) any judgment for such damages awarded to such citizen, 
     or the family of such citizen, should be fully enforced; and
       (3) the Attorney General should enter into negotiations 
     with each such citizen, or the family of each such citizen, 
     to develop a fair and reasonable method of providing 
     compensation for the damages each such citizen incurred, 
     including using assets of the regime of Saddam Hussein held 
     by the Government of the United States or any other 
     appropriate sources to provide such compensation.
       Sec. 422. None of the funds provided in this Act may be 
     expended to apply, in a numerical estimate of the benefits of 
     an agency action prepared pursuant to Executive Order 12866 
     or section 812 of the Clean Air Act, monetary values for 
     adult premature mortality that differ based on the age of the 
     adult.
       Sec. 423. Extension of Certain Public Housing/Section 8 
     Moving to Work Demonstration Agreements. (a) Extension.--The 
     Secretary of Housing and Urban Development shall extend the 
     term of the Moving to Work Demonstration Agreement entered 
     into between a public housing agency and the Secretary under 
     section 204, title V, of the Omnibus Consolidated Rescissions 
     and Appropriations Act of 1996 (Public Law 104-134, April 26, 
     1996) if--
       (1) the public housing agency requests such extension in 
     writing;
       (2) the public housing agency is not at the time of such 
     request for extension in default under its Moving to Work 
     Demonstration Agreement; and
       (3) the Moving to Work Demonstration Agreement to be 
     extended would otherwise expire on or before December 31, 
     2004.
       (b) Terms.--Unless the Secretary of Housing and Urban 
     Development and the public housing agency otherwise agree, 
     the extension under subsection (a) shall be upon the 
     identical terms and conditions set forth in the extending 
     agency's existing Moving to Work Demonstration Agreement, 
     except that for each public housing agency that has been or 
     will be granted an extension to its original Moving to Work 
     agreement, the Secretary shall require that data be

[[Page 29340]]

     collected so that the effect of Moving to Work policy changes 
     on residents can be measured.
       (c) Extension Period.--The extension under subsection (a) 
     shall be for such period as is requested by the public 
     housing agency, not to exceed 3 years from the date of 
     expiration of the extending agency's existing Moving to Work 
     Demonstration Agreement.
       (d) Breach of Agreement.--Nothing contained in this section 
     shall limit the authority of the Secretary of Housing and 
     Urban Development to terminate any Moving to Work 
     Demonstration Agreement of a public housing agency if the 
     public housing agency is in breach of the provisions of such 
     agreement.
       Sec. 424. Study of Moving to Work Program. (a) In 
     General.--The General Accounting Office shall conduct a study 
     of the Moving to Work demonstration program to evaluate--
       (1) whether the statutory goals of the Moving to Work 
     demonstration program are being met;
       (2) the effects policy changes related to the Moving to 
     Work demonstration program have had on residents; and
       (3) whether public housing agencies participating in the 
     Moving to Work program are meeting the requirements of the 
     Moving to Work demonstration program under law and any 
     agreements with the Department of Housing and Urban 
     Development.
       (b) Report.--Not later than 18 months after the date of 
     enactment of this Act, the General Accounting Office shall 
     submit to Congress a report on the study conducted under 
     subsection (a).
       Sec. 425. National Academy of Sciences Study. The matter 
     under the heading ``administrative provisions'' under the 
     heading ``Environmental Protection Agency'' in title III of 
     division K of section 2 of the Consolidated Appropriations 
     Resolution, 2003 (117 Stat. 513), is amended--
       (1) in the first sentence of the fifth undesignated 
     paragraph (beginning ``As soon as''), by inserting before the 
     period at the end the following: ``, and the impact of the 
     final rule entitled `Prevention of Significant Deterioration 
     (PSD) and Nonattainment New Source Review (NSR): Equipment 
     Replacement Provision of the Routine Maintenance, Repair and 
     Replacement Exclusion', amending parts 51 and 52 of title 40, 
     Code of Federal Regulations, and published in electronic 
     docket OAR-2002-0068 on August 27, 2003''; and
       (2) in the sixth undesignated paragraph (beginning ``The 
     National Academy of Sciences''), by striking ``March 3, 
     2004'' and inserting ``January 1, 2005''.
       Sec. 426. There shall be made available $500,000 to the 
     Secretary of Housing and Urban Development for the purposes 
     of making the grant authorized under section 3 of the Paul 
     and Sheila Wellstone Center for Community Building Act.

                  TITLE V--PESTICIDE PRODUCTS AND FEES

       Sec. 501. Pesticide Registration. (a) Short Title.--This 
     title may be cited as the ``Pesticide Registration 
     Improvement Act of 2003''.
       (b) Registration Requirements for Antimicrobial 
     Pesticides.--Section 3(h) of the Federal Insecticide, 
     Fungicide, and Rodenticide Act (7 U.S.C. 136a(h)) is 
     amended--
       (1) in paragraph (2)(F), by striking ``90 to 180 days'' and 
     inserting ``120 days''; and
       (2) in paragraph (3)--
       (A) in subparagraph (D)(vi), by striking ``240 days'' and 
     inserting ``120 days''; and
       (B) in subparagraph (F), by adding at the end the 
     following:
       ``(iv) Limitation.--Notwithstanding clause (ii), the 
     failure of the Administrator to notify an applicant for an 
     amendment to a registration for an antimicrobial pesticide 
     shall not be judicially reviewable in a Federal or State 
     court if the amendment requires scientific review of data 
     within--

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

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

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

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

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

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

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

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

       ``(II) Affiliates.--

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

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

       (iii) by adding at the end the following:

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

       (C) in subparagraph (D)--
       (i) by striking ``(D) If'' and inserting the following:
       ``(D) Determination to not reregister.--
       ``(i) In general.--If''; and
       (ii) by adding at the end the following:
       ``(ii) Timing for regulatory action.--Regulatory action 
     under clause (i) shall be completed as expeditiously as 
     possible.''.
       (d) Other Fees.--
       (1) In general.--Section 4(i)(6) of the Federal 
     Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a-
     1(i)(6)) is amended--

[[Page 29341]]

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

     ``SEC. 33. PESTICIDE REGISTRATION SERVICE FEES.

       ``(a) Definition of Costs.--In this section, the term 
     `costs', when used with respect to review and decisionmaking 
     pertaining to an application for which registration service 
     fees are paid under this section, means--
       ``(1) costs to the extent that--
       ``(A) officers and employees provide direct support for the 
     review and decisionmaking for covered pesticide applications, 
     associated tolerances, and corresponding risk and benefits 
     information and analyses;
       ``(B) persons and organizations under contract with the 
     Administrator engage in the review of the applications, and 
     corresponding risk and benefits information and assessments; 
     and
       ``(C) advisory committees and other accredited persons or 
     organizations, on the request of the Administrator, engage in 
     the peer review of risk or benefits information associated 
     with covered pesticide applications;
       ``(2) costs of management of information, and the 
     acquisition, maintenance, and repair of computer and 
     telecommunication resources (including software), used to 
     support review of pesticide applications, associated 
     tolerances, and corresponding risk and benefits information 
     and analyses; and
       ``(3) costs of collecting registration service fees under 
     subsections (b) and (c) and reporting, auditing, and 
     accounting under this section.
       ``(b) Fees.--
       ``(1) In general.--Effective beginning on the effective 
     date of the Pesticide Registration Improvement Act of 2003, 
     the Administrator shall assess and collect covered pesticide 
     registration service fees in accordance with this section.
       ``(2) Covered pesticide registration applications.--
       ``(A) In general.--An application for the registration of a 
     pesticide covered by this Act that is received by the 
     Administrator on or after the effective date of the Pesticide 
     Registration Improvement Act of 2003 shall be subject to a 
     registration service fee under this section.
       ``(B) Existing applications.--
       ``(i) In general.--Subject to clause (ii), an application 
     for the registration of a pesticide that was submitted to the 
     Administrator before the effective date of the Pesticide 
     Registration Improvement Act of 2003 and is pending on that 
     effective date shall be subject to a service fee under this 
     section if the application is for the registration of a new 
     active ingredient that is not listed in the Registration 
     Division 2003 Work Plan of the Office of Pesticide Programs 
     of the Environmental Protection Agency.
       ``(ii) Tolerance or exemption fees.--The amount of any fee 
     otherwise payable for an application described in clause (i) 
     under this section shall be reduced by the amount of any fees 
     paid to support the related petition for a pesticide 
     tolerance or exemption under the Federal Food, Drug, and 
     Cosmetic Act (21 U.S.C. 301 et seq.).
       ``(C) Documentation.--An application subject to a 
     registration service fee under this section shall be 
     submitted with documentation certifying--
       ``(i) payment of the registration service fee; or
       ``(ii) a request for a waiver from or reduction of the 
     registration service fee.
       ``(3) Schedule of covered applications and registration 
     service fees.--
       ``(A) In general.--Not later than 30 days after the 
     effective date of the Pesticide Registration Improvement Act 
     of 2003, the Administrator shall publish in the Federal 
     Register a schedule of covered pesticide registration 
     applications and corresponding registration service fees.
       ``(B) Report.--Subject to paragraph (6), the schedule shall 
     be the same as the applicable schedule appearing in the 
     Congressional Record on pages S11631 through S11633, dated 
     September 17, 2003.
       ``(4) Pending pesticide registration applications.--
       ``(A) In general.--An applicant that submitted a 
     registration application to the Administrator before the 
     effective date of the Pesticide Registration Improvement Act 
     of 2003, but that is not required to pay a registration 
     service fee under paragraph (2)(B), may, on a voluntary 
     basis, pay a registration service fee in accordance with 
     paragraph (2)(B).
       ``(B) Voluntary fee.--The Administrator may not compel 
     payment of a registration service fee for an application 
     described in subparagraph (A).
       ``(C) Documentation.--An application for which a voluntary 
     registration service fee is paid under this paragraph shall 
     be submitted with documentation certifying--
       ``(i) payment of the registration service fee; or
       ``(ii) a request for a waiver from or reduction of the 
     registration service fee.
       ``(5) Resubmission of pesticide registration 
     applications.--If a pesticide registration application is 
     submitted by a person that paid the fee for the application 
     under paragraph (2), is determined by the Administrator to be 
     complete, and is not approved or is withdrawn (without a 
     waiver or refund), the submission of the same pesticide 
     registration application by the same person (or a licensee, 
     assignee, or successor of the person) shall not be subject to 
     a fee under paragraph (2).
       ``(6) Fee adjustment.--Effective for a covered pesticide 
     registration application received on or after October 1, 
     2005, the Administrator shall--
       ``(A) increase by 5 percent the service fee payable for the 
     application under paragraph (3); and
       ``(B) publish in the Federal Register the revised 
     registration service fee schedule.
       ``(7) Waivers and reductions.--
       ``(A) In general.--An applicant for a covered pesticide 
     registration may request the Administrator to waive or reduce 
     the amount of a registration service fee payable under this 
     section under the circumstances described in subparagraphs 
     (D) through (G).
       ``(B) Documentation.--
       ``(i) In general.--A request for a waiver from or reduction 
     of the registration service fee shall be accompanied by 
     appropriate documentation demonstrating the basis for the 
     waiver or reduction.
       ``(ii) Certification.--The applicant shall provide to the 
     Administrator a written certification, signed by a 
     responsible officer, that the documentation submitted to 
     support the waiver or reduction request is accurate.
       ``(iii) Inaccurate documentation.--An application shall be 
     subject to the applicable registration service fee payable 
     under paragraph (3) if, at any time, the Administrator 
     determines that--

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

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

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

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

[[Page 29342]]

       ``(iv) Documentation.--An entity requesting a waiver under 
     this subparagraph shall provide to the Administrator--

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

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

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

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

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

       ``(D) Credited fees.--In determining whether to grant a 
     refund under this paragraph, the Administrator shall take 
     into account any portion of the registration service fees 
     credited under paragraph (2) or (4).
       ``(c) Pesticide Registration Fund.--
       ``(1) Establishment.--There is established in the Treasury 
     of the United States a Pesticide Registration Fund to be used 
     in carrying out this section (referred to in this section as 
     the `Fund'), consisting of--
       ``(A) such amounts as are deposited in the Fund under 
     paragraph (2);
       ``(B) any interest earned on investment of amounts in the 
     Fund under paragraph (4); and
       ``(C) any proceeds from the sale or redemption of 
     investments held in the Fund.
       ``(2) Deposits in fund.--Subject to paragraph (4), the 
     Administrator shall deposit fees collected under this section 
     in the Fund.
       ``(3) Expenditures from fund.--
       ``(A) In general.--Subject to subparagraphs (B) and (C) and 
     paragraph (4), the Administrator may make expenditures from 
     the Fund--
       ``(i) to cover the costs associated with the review and 
     decisionmaking pertaining to all applications for which 
     registration service fees have been paid under this section; 
     and
       ``(ii) to otherwise carry out this section.
       ``(B) Worker protection.--For each of fiscal years 2004 
     through 2008, the Administrator shall use approximately \1/
     17\ of the amount in the Fund (but not more than $1,000,000, 
     and not less than $750,000, for any fiscal year) to enhance 
     current scientific and regulatory activities related to 
     worker protection.
       ``(C) New inert ingredients.--For each of fiscal years 2004 
     and 2005, the Administrator shall use approximately \1/34\ of 
     the amount in the Fund (but not to exceed $500,000 for any 
     fiscal year) for the review and evaluation of new inert 
     ingredients.
       ``(4) Collections and appropriations acts.--The fees 
     authorized by this section and amounts deposited in the 
     Fund--
       ``(A) shall be collected and made available for obligation 
     only to the extent provided in advance in appropriations 
     Acts; and
       ``(B) shall be available without fiscal year limitation.
       ``(5) Unused funds.--Amounts in the Fund not currently 
     needed to carry out this section shall be--
       ``(A) maintained readily available or on deposit;
       ``(B) invested in obligations of the United States or 
     guaranteed by the United States; or
       ``(C) invested in obligations, participations, or other 
     instruments that are lawful investments for fiduciary, trust, 
     or public funds.
       ``(d) Assessment of Fees.--
       ``(1) Definition of covered functions.--In this subsection, 
     the term `covered functions' means functions of the Office of 
     Pesticide Programs of the Environmental Protection Agency, as 
     identified in key programs and projects of the final 
     operating plan for the Environmental Protection Agency 
     submitted as part of the budget process for fiscal year 2002, 
     regardless of any subsequent transfer of 1 or more of the 
     functions to another office or agency or the subsequent 
     transfer of a new function to the Office of Pesticide 
     Programs.
       ``(2) Minimum amount of appropriations.--Registration 
     service fees may not be assessed for a fiscal year under this 
     section unless the amount of appropriations for salaries, 
     contracts, and expenses for the functions (as in existence in 
     fiscal year 2002) of the Office of Pesticide Programs of the 
     Environmental Protection Agency for the fiscal year 
     (excluding the amount of any fees appropriated for the fiscal 
     year) are equal to or greater than the amount of 
     appropriations for covered functions for fiscal year 2002 
     (excluding the amount of any fees appropriated for the fiscal 
     year).
       ``(3) Use of fees.--Registration service fees authorized by 
     this section shall be available, in the aggregate, only to 
     defray increases in the costs associated with the review and 
     decisionmaking for the review of pesticide registration 
     applications and associated tolerances (including increases 
     in the number of full-time equivalent positions in the 
     Environmental Protection Agency engaged in those activities) 
     over the costs for fiscal year 2002, excluding costs paid 
     from fees appropriated for the fiscal year.
       ``(4) Compliance.--The requirements of paragraph (2) shall 
     have been considered to have been met for any fiscal year if 
     the amount of appropriations for salaries, contracts, and 
     expenses for the functions (as in existence in fiscal year 
     2002) of the Office of Pesticide Programs of the 
     Environmental Protection Agency for the fiscal year 
     (excluding the amount of any fees appropriated for the fiscal 
     year) is not more than 3 percent below the amount of 
     appropriations for covered functions for fiscal year 2002 
     (excluding the amount of any fees appropriated for the fiscal 
     year).
       ``(5) Subsequent authority.--If the Administrator does not 
     assess registration service fees under subsection (b) during 
     any portion of a fiscal year as the result of paragraph (2) 
     and is subsequently permitted to assess the fees under 
     subsection (b) during the fiscal year, the Administrator 
     shall assess and collect the fees, without any modification 
     in rate, at any time during the fiscal year, notwithstanding 
     any provisions of subsection (b) relating to the date fees 
     are to be paid.
       ``(e) Reforms to Reduce Decision Time Review Periods.--To 
     the maximum extent practicable consistent with the degrees of 
     risk presented by pesticides and the type of review 
     appropriate to evaluate risks, the Administrator shall 
     identify and evaluate reforms to the pesticide registration 
     process under this Act with the goal of reducing decision 
     review periods in effect on the effective date of the 
     Pesticide Registration Improvement Act of 2003 for pesticide 
     registration actions for covered pesticide registration 
     applications (including reduced risk applications).
       ``(f) Decision Time Review Periods.--
       ``(1) In general.--Not later than 30 days after the 
     effective date of the Pesticide Registration Improvement Act 
     of 2003, the Administrator shall publish in the Federal 
     Register a schedule of decision review periods for covered 
     pesticide registration actions and corresponding registration 
     service fees under this Act.
       ``(2) Report.--The schedule shall be the same as the 
     applicable schedule appearing in the Congressional Record on 
     pages S11631 through S11633, dated September 17, 2003.
       ``(3) Applications subject to decision time review 
     periods.--The decision time review periods specified in 
     paragraph (1) shall apply to--
       ``(A) covered pesticide registration applications subject 
     to registration service fees under subsection (b)(2);
       ``(B) covered pesticide registration applications for which 
     an applicant has voluntarily paid registration service fees 
     under subsection (b)(4); and
       ``(C) covered pesticide registration applications listed in 
     the Registration Division 2003 Work Plan of the Office of 
     Pesticide Programs of the Environmental Protection Agency.
       ``(4) Start of decision time review period.--
       ``(A) In general.--Except as provided in subparagraphs (C), 
     (D), and (E), in the case of a pesticide registration 
     application accompanied by the registration service fee 
     required under this section, the decision time review period 
     begins 21 days after the date on which the Administrator 
     receives the covered pesticide registration application.
       ``(B) Completeness of application.--In conducting an 
     initial screening of an application, the Administrator shall 
     determine--
       ``(i) whether--

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

       ``(ii) whether the application--

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

       ``(C) Applications with waiver or reduction requests.--
       ``(i) In general.--In the case of an application submitted 
     with a request for a waiver or reduction of registration 
     service fees under subsection (b)(7), the decision time 
     review period shall be determined in accordance with this 
     subparagraph.

[[Page 29343]]

       ``(ii) Request granted with no additional fees required.--
     If the Administrator grants the waiver or reduction request 
     and no additional fee is required, the decision time review 
     period begins on the earlier of--

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

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

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

       ``(E) 2003 work plan.--In the case of a covered pesticide 
     registration application listed in the Registration Division 
     2003 Work Plan of the Office of Pesticide Programs of the 
     Environmental Protection Agency, the decision time review 
     period begins on the date that is 30 days after the effective 
     date of the Pesticide Registration Improvement Act of 2003.
       ``(5) Extension of decision time review period.--The 
     Administrator and the applicant may mutually agree in writing 
     to extend a decision time review period under this 
     subsection.
       ``(g) Judicial Review.--
       ``(1) In general.--Any applicant adversely affected by the 
     failure of the Administrator to make a determination on the 
     application of the applicant for registration of a new active 
     ingredient or new use for which a registration service fee is 
     paid under this section may obtain judicial review of the 
     failure solely under this section.
       ``(2) Scope.--
       ``(A) In general.--In an action brought under this 
     subsection, the only issue on review is whether the 
     Administrator failed to make a determination on the 
     application specified in paragraph (1) by the end of the 
     applicable decision time review period required under 
     subsection (f) for the application.
       ``(B) Other actions.--No other action authorized or 
     required under this section shall be judicially reviewable by 
     a Federal or State court.
       ``(3) Timing.--
       ``(A) In general.--A person may not obtain judicial review 
     of the failure of the Administrator to make a determination 
     on the application specified in paragraph (1) before the 
     expiration of the 2-year period that begins on the date on 
     which the decision time review period for the application 
     ends.
       ``(B) Meeting with administrator.--To be eligible to seek 
     judicial review under this subsection, a person seeking the 
     review shall first request in writing, at least 120 days 
     before filing the complaint for judicial review, a decision 
     review meeting with the Administrator.
       ``(4) Remedies.--The Administrator may not be required or 
     permitted to refund any portion of a registration service fee 
     paid in response to a complaint that the Administrator has 
     failed to make a determination on the covered pesticide 
     registration application specified in paragraph (1) by the 
     end of the applicable decision review period.
       ``(h) Accounting.--The Administrator shall--
       ``(1) provide an annual accounting of the registration 
     service fees paid to the Administrator and disbursed from the 
     Fund, by providing financial statements in accordance with--
       ``(A) the Chief Financial Officers Act of 1990 (Public Law 
     101-576; 104 Stat. 2838) and amendments made by that Act; and
       ``(B) the Government Management Reform Act of 1994 (Public 
     Law 103-356; 108 Stat. 3410) and amendments made by that Act;
       ``(2) provide an accounting describing expenditures from 
     the Fund authorized under subsection (c); and
       ``(3) provide an annual accounting describing collections 
     and expenditures authorized under subsection (d).
       ``(i) Auditing.--
       ``(1) Financial statements of agencies.--For the purpose of 
     section 3515(c) of title 31, United States Code, the Fund 
     shall be considered a component of an executive agency.
       ``(2) Components.--The annual audit required under sections 
     3515(b) and 3521 of that title of the financial statements of 
     activities under this section shall include an analysis of--
       ``(A) the fees collected under subsection (b) and 
     disbursed;
       ``(B) compliance with subsection (f);
       ``(C) the amount appropriated to meet the requirements of 
     subsection (d)(1); and
       ``(D) the reasonableness of the allocation of the overhead 
     allocation of costs associated with the review and 
     decisionmaking pertaining to applications under this section.
       ``(3) Inspector general.--The Inspector General of the 
     Environmental Protection Agency shall--
       ``(A) conduct the annual audit required under this 
     subsection; and
       ``(B) report the findings and recommendations of the audit 
     to the Administrator and to the appropriate committees of 
     Congress.
       ``(j) Personnel Levels.--All full-time equivalent positions 
     supported by fees authorized and collected under this section 
     shall not be counted against the agency-wide personnel level 
     goals of the Environmental Protection Agency.
       ``(k) Reports.--
       ``(1) In general.--Not later than March 1, 2005, and each 
     March 1 thereafter through March 1, 2009, the Administrator 
     shall publish an annual report describing actions taken under 
     this section.
       ``(2) Contents.--The report shall include--
       ``(A) a review of the progress made in carrying out each 
     requirement of subsections (e) and (f), including--
       ``(i) the number of applications reviewed, including the 
     decision times for each application specified in subsection 
     (f);
       ``(ii) the number of actions pending in each category of 
     actions described in subsection (f)(3), as well as the number 
     of inert ingredients;
       ``(iii) to the extent determined appropriate by the 
     Administrator and consistent with the authorities of the 
     Administrator and limitations on delegation of functions by 
     the Administrator, recommendations for--

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

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

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

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

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

``Sec. 30. Minimum requirements for training of maintenance applicators 
              and service technicians.
``Sec. 31. Environmental Protection Agency minor use program.
``Sec. 32. Department of Agriculture minor use program.
  ``(a) In general.
  ``(b)(1) Minor use pesticide data.
  ``(2) Minor Use Pesticide Data Revolving Fund.

[[Page 29344]]

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

  Mr. BOND. I move to reconsider the vote.
  Ms. MIKULSKI. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. BOND. I ask unanimous consent the Senate insist upon its 
amendment, request a conference with the House on the disagreeing 
votes, and the Chair be authorized to appoint conferees on the part of 
the Senate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Presiding Officer appointed Mr. Bond, Mr. Burns, Mr. Shelby, Mr. 
Craig, Mr. Domenici, Mr. DeWine, Mrs. Hutchison, Mr. Stevens, Ms. 
Mikulski, Mr. Leahy, Mr. Harkin, Mr. Byrd, Mr. Johnson, Mr. Reid, and 
Mr. Inouye conferees on the part of the Senate.
  Mr. BOND. I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. BOND. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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