H.R. 2861 — Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 2004

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2861 Reported in House (RH)]

                                                 Union Calendar No. 129
108th CONGRESS
  1st Session
                                H. R. 2861

                          [Report No. 108-235]

   Making appropriations for the Departments of Veterans Affairs and 
  Housing and Urban Development, and for sundry independent agencies, 
  boards, commissions, corporations, and offices for the fiscal year 
           ending September 30, 2004, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 24, 2003

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

_______________________________________________________________________

                                 A BILL


 
   Making appropriations for the Departments of Veterans Affairs and 
  Housing and Urban Development, and for sundry independent agencies, 
  boards, commissions, corporations, and offices for the fiscal year 
           ending September 30, 2004, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following sums 
are appropriated, out of any money in the Treasury not otherwise 
appropriated, for the Departments of 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, namely:

                TITLE I--DEPARTMENT OF VETERANS AFFAIRS

                    Veterans Benefits Administration

               compensation, pension and burial benefits

                     (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 $17,617,000 of the amount appropriated under this heading 
shall be reimbursed to ``General operating expenses'' and ``Medical 
services for priority 1-6 veterans'' 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, pension and burial 
benefits'' 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, subchapters I-III, 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, 38 U.S.C. 3711(i).
    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.
    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'': Provided, That no new loans in excess 
of $40,000,000 may be made in fiscal year 2004.

  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 $350,000 of the amounts appropriated by 
this Act for ``General operating expenses'' and ``Medical services for 
priority 1-6 veterans) may be expended.

                     Veterans Health Administration

               medical services for priority 1-6 veterans

    For necessary expenses for furnishing, as authorized by law, 
inpatient and outpatient care and treatment to beneficiaries of the 
Department of Veterans Affairs other than veterans described in 
paragraphs (7) and (8) of section 1705(a) of title 38, United States 
Code, including care and treatment in facilities not under the 
jurisdiction of the department and including medical supplies and 
equipment and salaries and expenses of health-care employees hired 
under title 38, United States Code, and aid to State homes as 
authorized by section 1741 of title 38, United States Code; 
$15,779,220,000, plus reimbursements: Provided, That of the funds made 
available under this heading, not less than $200,000,000 is for the 
equipment object classification, 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 $700,000,000 shall be 
available until September 30, 2005.

               medical services for priority 7-8 veterans

                     (including transfer of funds)

    For necessary expenses for furnishing, as authorized by law, 
inpatient and outpatient care and treatment to beneficiaries of the 
Department of Veterans Affairs who are veterans described in paragraphs 
(7) and (8) of section 1705(a) of title 38, United States Code, 
including care and treatment in facilities not under the jurisdiction 
of the Department and including medical supplies and equipment and 
salaries and expenses of health-care employees hired under title 38, 
United States Code, and aid to State homes as authorized by section 
1741 of title 38, United States Code; $2,164,000,000, plus 
reimbursements: Provided, That of the amounts provided under this 
heading, $1,500,000,000 shall be derived from amounts deposited during 
the current fiscal year in the Department of Veterans Affairs Medical 
Care Collections Fund under section 1729A of title 38, United States 
Code, and transferred to this account, to remain available until 
expended.

                    medical and prosthetic research

    For necessary expenses in carrying out programs of medical and 
prosthetic research and development as authorized by chapter 73 of 
title 38, United States Code, to remain available until September 30, 
2005, $408,000,000, plus reimbursements.

                         medical administration

                     (including transfer of funds)

    For necessary expenses in the administration of the medical, 
hospital, nursing home, domiciliary, construction, supply, and research 
activities, as authorized by law; administrative expenses in support of 
capital policy activities; information technology hardware and 
software; uniforms or allowances therefor, as authorized by sections 
5901-5902 of title 5, United States Code; and administrative and legal 
expenses of the department for collecting and recovering amounts owed 
the department as authorized under chapter 17 of title 38, United 
States Code, and the Federal Medical Care Recovery Act (42 U.S.C. 2651 
et seq.); $4,854,000,000, of which $300,000,000 shall be available 
until September 30, 2005, plus reimbursements: Provided, That funds 
available under this heading may be transferred to ``Medical Services 
for Priority 1-6 Veterans'' or to ``Medical Services for Priority 7-8 
Veterans'' after notice of the amount and purpose of the transfer is 
provided to the Committees on Appropriations of the Senate and House of 
Representatives and a period of 30 days has elapsed.

                           medical facilities

                     (including transfer of funds)

    For necessary expenses for the maintenance and operation of 
hospitals, nursing homes, and domiciliary facilities and other 
necessary facilities for the Veterans Health Administration; for 
administrative expenses in support of planning, design, project 
management, real property acquisition and disposition, construction and 
renovation of any facility under the jurisdiction or for the use of the 
department; for oversight, engineering and architectural activities not 
charged to project costs; for repairing, altering, improving or 
providing facilities in the several hospitals and homes under the 
jurisdiction of the department, not otherwise provided for, either by 
contract or by the hire of temporary employees and purchase of 
materials; for leases of facilities; and for laundry and food services, 
$4,000,000,000: Provided, That of the funds made available under this 
heading, not less than $80,000,000 is for the land and structures 
object classification, which amount shall not become available for 
obligation until August 1, 2004, and shall remain available until 
September 30, 2005: Provided further, That funds available under this 
heading may be transferred to ``Medical Services for Priority 1-6 
Veterans'' or to ``Medical Services for Priority 7-8 Veterans'' after 
notice of the amount and purpose of the transfer is provided to the 
Committees on Appropriations of the Senate and House of Representatives 
and a period of 30 days has elapsed.

                      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 $1,005,000,000: Provided further, That 
of the funds made available under this heading, not to exceed 
$66,000,000 shall be available for obligation until September 30, 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: Provided further, That travel expenses for this 
account shall not exceed $17,082,000.

                    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, $144,223,000, to 
remain 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, $61,750,000, 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 
$4,000,000 or more or where funds for a project were made available in 
a previous major project appropriation, $274,690,000, to remain 
available until expended, of which $173,000,000 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, 2004: 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 one 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 
less than $4,000,000, $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 less than $4,000,000, of which 
$35,000,000 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.

                         parking revolving fund

    For the parking revolving fund as authorized by 38 U.S.C. 8109, 
income from fees collected, to remain available until expended, which 
shall be available for all authorized expenses except operations and 
maintenance costs, which will be funded from ``Medical facilities''.

       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, pension and burial benefits'', ``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 hire of passenger 
motor vehicles; lease of a facility or land or both; and uniforms or 
allowances therefore, as authorized by 5 U.S.C. 5901-5902.
    Sec. 103. No appropriations in this Act for the Department of 
Veterans Affairs (except the appropriations for ``Construction, major 
projects'', ``Construction, minor projects'', and the ``Parking 
revolving fund'') shall be available for the purchase of any site for 
or toward the construction of any new hospital or home.
    Sec. 104. No appropriations in this Act for the Department of 
Veterans Affairs shall be available for hospitalization or examination 
of any persons (except beneficiaries entitled under the laws bestowing 
such benefits to veterans, and persons receiving such treatment under 5 
U.S.C. 7901-7904 or 42 U.S.C. 5141-5204), unless reimbursement of cost 
is made to the Medical care collections fund 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, pension and burial 
benefits'', ``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, pension and burial 
benefits''.
    Sec. 107. Notwithstanding any other provision of law, during fiscal 
year 2004, the Secretary of Veterans Affairs shall, from the National 
Service Life Insurance Fund (38 U.S.C. 1920), the Veterans' Special 
Life Insurance Fund (38 U.S.C. 1923), and the United States Government 
Life Insurance Fund (38 U.S.C. 1955), reimburse the ``General operating 
expenses'' account for the cost of administration of the insurance 
programs financed through those accounts: Provided, That reimbursement 
shall be made only from the surplus earnings accumulated in an 
insurance program in fiscal year 2004 that are available for dividends 
in that program after claims have been paid and actuarially determined 
reserves have been set aside: Provided further, That if the cost of 
administration of an insurance program exceeds the amount of surplus 
earnings accumulated in that program, reimbursement shall be made only 
to the extent of such surplus earnings: Provided further, That the 
Secretary shall determine the cost of administration for fiscal year 
2004 which is properly allocable to the provision of each insurance 
program and to the provision of any total disability income insurance 
included in such insurance program.
    Sec. 108. Notwithstanding any other provision of law, the 
Department of Veterans Affairs shall continue the Franchise Fund pilot 
program authorized to be established by section 403 of Public Law 103-
356 until October 1, 2004: Provided, That the Franchise Fund, 
established by title I of Public Law 104-204 to finance the operations 
of the Franchise Fund pilot program, shall continue until October 1, 
2004.
    Sec. 109. Amounts deducted from enhanced-use lease proceeds to 
reimburse an account for expenses incurred by that account during a 
prior fiscal year for providing enhanced-use lease services, may be 
obligated during the fiscal year in which the proceeds are received.
    Sec. 110. Funds available in any Department of Veterans Affairs 
appropriation for fiscal year 2004 or funds for salaries and other 
administrative expenses shall also be available to reimburse the Office 
of Resolution Management and the Office of Employment Discrimination 
Complaint Adjudication for all services provided at rates which will 
recover actual costs but not exceed $29,318,000 for the Office of 
Resolution Management and $3,010,000 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. Of the amounts provided in this Act, $25,000,000 shall be 
for information technology initiatives to support the enterprise 
architecture of the Department of Veterans Affairs.
    Sec. 114. None of the funds in this Act may be used to implement 
sections 2 and 5 of Public Law 107-287.
    Sec. 115. Notwithstanding any other provision of law, the Secretary 
of Veterans Affairs may establish a priority for treatment for veterans 
who have service-connected disability, who are lower-income veterans, 
or who have special needs.
    Sec. 116. (a) The Secretary of Veterans Affairs shall conduct by 
contract a program of recovery audits for the fee basis and other 
medical services contracts with respect to payments for hospital care. 
Notwithstanding section 3302(b) of title 31, United States Code, 
amounts collected, by setoff or otherwise, as the result of such audits 
shall be available, without fiscal year limitation, for the purposes 
for which funds are appropriated under ``Medical services for priority 
7-8 veterans'' and the purposes of paying a contractor a percent of the 
amount collected as a result of an audit carried out by the contractor.
    (b) All amounts so collected under subsection (a) with respect to a 
designated health care region (as that term is defined in section 
1729A(d)(2) of title 38, United States Code) shall be allocated, net of 
payments to the contractor, to that region.
    Sec. 117. Amounts made available for Medical Services are 
available--
            (1) for furnishing veterans provided Medical Services with 
        recreational facilities, supplies, and equipment; and
            (2) for funeral expenses, burial expenses, and other 
        expenses incidental to funerals and burials for beneficiaries 
        receiving care in the department.
    Sec. 118. Balances in excess of $1,500,000,000 in the Medical Care 
Collections Fund as of August 1, 2004 shall be transferred to ``Medical 
services for priority 7-8 veterans'' for the purposes under that 
heading to be available until expended.
    Sec. 119. Amounts made available for fiscal year 2004 under the 
``Medical services for priority 1-6 veterans'' and ``Medical services 
for priority 7-8 veterans'' accounts may be transferred between either 
account to the extent necessary to implement the restructuring of the 
Veterans Health Administration accounts after notice of the amount and 
purpose of the transfer is provided to the Committees on Appropriations 
of the Senate and House of Representatives and a period of 30 days has 
elapsed: Provided, That the limitation on transfers is ten percent in 
fiscal year 2004.
    Sec. 120. The Department of Veterans Affairs medical center in 
Houston, Texas, shall after the date of the enactment of this Act be 
known as designated as the ``Michael E. DeBakey Department of Veterans 
Affairs Medical Center''. Any reference in any law, regulation, map, 
document, record, or other paper of the United States to such medical 
center shall be considered to be a reference to the Michael E. DeBakey 
Department of Veterans Affairs Medical Center.

         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, $18,430,606,000, and amounts that are 
recaptured in this account, to remain available until expended: 
Provided, That of the amounts made available under this heading, 
$14,230,606,000 and the aforementioned recaptures shall be available on 
October 1, 2003 and $4,200,000,000 shall be available on October 1, 
2004: Provided further, That amounts made available under this heading 
are provided as follows:
            (1) $16,295,578,000 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 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 on 
        such statement: 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;
            (2) $568,503,000 for a central fund to be allocated by the 
        Secretary for amendments to section 8 tenant-based annual 
        contributions contracts for such purposes set forth in this 
        paragraph: Provided, That subject to the following proviso, the 
        Secretary may use amounts made available in such fund, as 
        necessary, for contract amendments resulting from a significant 
        increase in the per unit cost of vouchers or an increase in the 
        total number of unit months under lease as compared to the per 
        unit cost or the total number of unit months provided for by 
        the annual contributions contract: 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 fifty 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 thirty 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 in accordance with the 
        directions specified in the report accompanying this Act;
            (3) $206,495,100 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) $48,000,000 for family self-sufficiency coordinators 
        under section 23 of the Act;
            (5) not to exceed $1,209,020,000 for administrative and 
        other expenses of public housing agencies in administering the 
        section 8 tenant-based rental assistance program: Provided, 
        That, notwithstanding any other provision of law or regulation, 
        the Secretary shall allocate funds provided in this paragraph 
        among public housing agencies in a manner prescribed by the 
        Secretary: Provided further, That none of the funds provided in 
        this Act or any other Act may be used to supplement the amounts 
        provided in this paragraph: Provided further, That, hereafter, 
        the Secretary shall recapture any funds provided under this 
        heading in this Act or any other Act for administrative fees 
        and other expenses from a public housing agency which are in 
        excess of the amounts expended by such agency for the section 8 
        tenant-based rental assistance program and not otherwise needed 
        to maintain an administrative fee reserve account balance of 
        not to exceed five percent: Provided further, That all such 
        administrative fee amounts provided under this paragraph shall 
        be only for activities directly related to the provision of 
        rental assistance under section 8;
            (6) $100,000,000 for contract administrators for section 8 
        project-based assistance; and
            (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 programs or 
        activities under ``Public and Indian Housing'': Provided, That 
        the Secretary may transfer up to 15 percent of funds provided 
        under paragraphs (1), (2) or (5), herein to paragraphs (1) or 
        (2), 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 
        further, 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 
        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) (the ``Act'') $2,712,255,000, 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, $429,000,000 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 year 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 year 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 
section 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 if the Secretary issues a regulation for effect implementing 
section 9(j) of the United States Housing Act of 1937 (42 U.S.C. 
1437g(j)), the first and third provisos under this heading shall cease 
to be effective: Provided further, That of the total amount provided 
under this heading, up to $51,000,000 shall be for carrying out 
activities under section 9(h) of such Act, of which $13,000,000 shall 
be for the provision of remediation services to public housing agencies 
identified as ``troubled'' under the Section 8 Management Assessment 
Program and for surveys used to calculate local Fair Market Rents and 
assess housing conditions in connection with rental assistance under 
section 8 of the Act: Provided further, That of the total amount 
provided under this heading, up to $500,000 shall be for lease 
adjustments to section 23 projects, and no less than $10,610,000 shall 
be transferred to the Working Capital Fund for the development of and 
modifications to information technology systems which serve programs or 
activities under ``Public and Indian housing'': Provided further, That 
no funds may be used under this heading for the purposes specified in 
section 9(k) of the United States Housing Act of 1937, as amended: 
Provided further, That of the total amount provided under this heading, 
up to $40,000,000 shall be available for the Secretary of Housing and 
Urban Development to make grants to public housing agencies for 
emergency capital needs resulting from emergencies and natural 
disasters in fiscal year 2004: 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.
    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 2004 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)), 
$3,600,000,000: Provided, That of the total amount provided under this 
heading, $10,000,000 shall be for programs, as determined appropriate 
by the Attorney General, which assist in the investigation, 
prosecution, and prevention of violent crimes and drug offenses in 
public and federally-assisted low-income housing, including Indian 
housing, which shall be administered by the Department of Justice 
through a reimbursable agreement with the Department of Housing and 
Urban Development: Provided further, That 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 in 2004 
and hereafter, no amounts provided under this heading may be used for 
payments to public housing agencies for the costs of operation and 
management of public housing in any year prior to the current year.

     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, $50,000,000, to remain available until 
September 30, 2005, of which the Secretary may use up to $500,000 for 
technical assistance and contract expertise, to be provided directly or 
indirectly by grants, contracts or cooperative agreements, including 
training and cost of necessary travel for participants in such 
training, by or to officials and employees of the department and of 
public housing agencies and to residents: Provided, That none of such 
funds shall be used directly or indirectly by granting competitive 
advantage in awards to settle litigation or pay judgments, unless 
expressly permitted herein.

                  native american housing block grants

                     (including 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.), 
$661,600,000, 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 
$5,000,000 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, 
$1,000,000 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 $8,049,000: 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), $1,000,000, to remain available until expended: Provided, That 
such costs, including the costs of modifying such loans, shall be as 
defined in section 502 of the Congressional Budget Act of 1974, as 
amended: Provided further, That these funds are available to subsidize 
total loan principal, any part of which is to be guaranteed, not to 
exceed $35,347,985.
    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.), $297,000,000, 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 Secretary may use up to $2,000,000 
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 competitively 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.

                empowerment zones/enterprise communities

    For grants in connection with a second round of empowerment zones 
and enterprise communities, $15,000,000, to remain available until 
September 30, 2005, for ``Urban Empowerment Zones'', as authorized in 
section 1391(g) of the Internal Revenue Code of 1986 (26 U.S.C. 
1391(g)), including $1,000,000 for each empowerment zone for use in 
conjunction with economic development activities consistent with the 
strategic plan of each empowerment zone.

                       community development fund

                     (including transfers of funds)

    For assistance to units of State and local government, and to other 
entities, for economic and community development activities, and for 
other purposes, $4,959,000,000, to remain available until September 30, 
2006: Provided, That of the amount provided, $4,538,650,000 is for 
carrying out the community development block grant program under title 
I of the Housing and Community Development Act of 1974, as amended (the 
``Act'' herein) (42 U.S.C. 5301 et seq.): Provided further, That unless 
explicitly provided for under this heading (except for planning grants 
provided in the third paragraph and amounts made available in the 
second paragraph), not to exceed 20 percent of any grant made with 
funds appropriated under this heading (other than a grant made 
available in this paragraph to the Housing Assistance Council or the 
National American Indian Housing Council, or a grant using funds under 
section 107(b)(3) of the Act) shall be expended for planning and 
management development and administration: Provided further, That 
$72,000,000 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; $2,400,000 shall be for a grant to the 
National American Indian Housing Council; $5,000,000 shall be available 
as a grant to the National Housing Development Corporation, for 
operating expenses not to exceed $2,000,000 and for a program of 
affordable housing acquisition and rehabilitation; $5,000,000 shall be 
available as a grant to the National Council of La Raza for the HOPE 
Fund, of which $500,000 is for technical assistance and fund 
management, and $4,500,000 is for investments in the HOPE Fund and 
financing to affiliated organizations; $43,000,000 shall be for grants 
pursuant to section 107 of the Act, of which $9,500,000 shall be for 
the Native Hawaiian block grant authorized under title VIII of the 
Native American Housing Assistance and Self-Determination Act of 1996; 
no less than $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''; $28,000,000 shall be for grants pursuant to the Self 
Help Homeownership Opportunity Program; $33,250,000 shall be for 
capacity building, of which $28,250,000 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 
$5,000,000 shall be for capacity building activities administered by 
Habitat for Humanity International; $65,000,000 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 amounts made available under this paragraph shall be 
provided in accordance with the terms and conditions specified in the 
report accompanying this Act.
    Of the amount made available under this heading, $137,500,000 shall 
be available for grants for the Economic Development Initiative (EDI) 
to finance a variety of targeted economic investments in accordance 
with the terms and conditions specified in the report accompanying this 
Act: Provided, That none of the funds provided under this paragraph may 
be used for program operations.
    The referenced statement of the managers under this heading in 
Public Law 107-73 is deemed to be amended with respect to the amount 
made available to the North Carolina Community Land Trust Initiative by 
striking ``North Carolina Community Land Trust Initiative'' and 
inserting ``Orange Community Housing and Land Trust.''
    The referenced statement of the managers under this heading in 
Public Law 107-73 is deemed to be amended with respect to the amount 
made available to the Willacy County Boys and Girls Club in Willacy 
County, Texas by striking ``Willacy County Boys and Girls Club in 
Willacy County, Texas'' and inserting ``Willacy County, Texas''.
    The referenced statement of the managers under this heading in 
Public Law 108-10 is deemed to be amended with respect to item number 
17 by striking ``for sidewalks, curbs, street lighting, outdoor 
furniture and facade improvements in the Mill Village neighborhood'' 
and inserting ``for the restoration and renovation of houses within the 
Lincoln or Dallas mill villages''.
    The referenced statement of the managers under this heading in 
Public Law 107-73 is deemed to be amended with respect to the amount 
made available to the Metropolitan Development Association in Syracuse, 
New York by inserting ``and other economic development planning and 
revitalization activities'' after the word ``study''.
    The referenced statement of the managers under this heading in 
Public Law 107-73 is deemed to be amended with respect to the amount 
made available to the Staten Island Freedom Memorial Fund by striking 
all ``Staten Island Freedom Memorial Fund for the construction of a 
memorial in the Staten Island community of St. George, New York'' and 
inserting ``Staten Island Botanical Garden for construction and related 
activities for a healing garden''.
    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 526 by striking ``for an economic development 
study for the revitalization of Westchester'' and inserting ``for the 
reconstruction of renaissance plaza at Main and Mamaroneck in downtown 
White Plains''.
    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 877 by striking ``West Virginia High Technology 
Consortium Foundation, Inc. in Marion County, West Virginia for 
facilities construction for a high-tech park'' and inserting 
``Glenville State College in Glenville, West Virginia for construction 
of a new campus community education center''.
    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 126 by striking ``for construction of'' and 
inserting ``for facilities improvements and build out for''.

                    urban development action grants

                              (rescission)

    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 canceled.

                       brownfields redevelopment

    For competitive economic development grants, as authorized by 
section 108(q) of the Housing and Community Development Act of 1974, as 
amended, for Brownfields redevelopment projects, $25,000,000, to remain 
available until September 30, 2005.

                  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, $1,939,100,000, 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 
$2,100,000 shall be transferred to the Working Capital Fund for the 
development of and modifications to information technology systems 
which serve programs or activities under ``Community planning and 
development''.
    In addition to amounts otherwise made available under this heading, 
$125,000,000, 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 to be established by the Secretary that considers a 
participating jurisdiction's need for, and prior commitment to, 
assistance to homebuyers.

                       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, $1,242,000,000, of which $1,222,000,000 to remain available 
until September 30, 2006, and of which $20,000,000 to remain available 
until expended: Provided, That not less than 30 percent of funds made 
available, excluding amounts provided for renewals under the shelter 
plus care program, shall be used for permanent housing: Provided 
further, That all funds awarded for services shall be matched by 25 
percent in funding by each grantee: Provided further, That the 
Secretary shall renew on an annual basis expiring contracts or 
amendments to contracts funded under the shelter plus care program if 
the program is determined to be needed under the applicable continuum 
of care and meets appropriate program requirements and financial 
standards, as determined by the Secretary: Provided further, That all 
awards of assistance under this heading shall be required to coordinate 
and integrate homeless programs with other mainstream health, social 
services, and employment programs for which homeless populations may be 
eligible, including Medicaid, State Children's Health Insurance 
Program, Temporary Assistance for Needy Families, Food Stamps, and 
services funding through the Mental Health and Substance Abuse Block 
Grant, Workforce Investment Act, and the Welfare-to-Work grant program: 
Provided further, That $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 programs or 
activities under ``Community planning and development''.

                            Housing Programs

                        housing for the elderly

                     (including transfer of funds)

    For capital advances, including amendments to capital advance 
contracts, for housing for the elderly, as authorized by section 202 of 
the Housing Act of 1959, as amended, and for project rental assistance 
for the elderly under section 202(c)(2) of such Act, including 
amendments to contracts for such assistance and renewal of expiring 
contracts for such assistance for up to a 1-year term, and for 
supportive services associated with the housing, $773,320,000, plus 
recaptures and cancelled commitments, to remain available until 
September 30, 2006, 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, and of which amount up to 
$25,000,000 shall be for grants under section 202b of the Housing Act 
of 1959 (12 U.S.C. 1701q-2) for conversion of eligible projects under 
such section to assisted living or related use: Provided, That of the 
amount made available under this heading, $16,000,000 shall be 
available to the Secretary of Housing and Urban Development only for 
making competitive grants to private nonprofit organizations and 
consumer cooperatives for covering costs of architectural and 
engineering work, site control, and other planning relating to the 
development of supportive housing for the elderly that is eligible for 
assistance under section 202 of the Housing Act of 1959 (12 U.S.C. 
1701q): Provided further, That no less than $470,000 shall be 
transferred to the Working Capital Fund for the development of and 
modifications to information technology systems which serve programs or 
activities under ``Housing programs'' or ``Federal Housing 
Administration'': Provided further, That the Secretary may waive the 
provisions of section 202 governing the terms and conditions of project 
rental assistance, except that the initial contract term for such 
assistance shall not exceed 5 years in duration: Provided further, That 
all balances outstanding, as of September 30, 2003, for capital 
advances, including amendments to capital advances, for housing for 
elderly, as authorized by section 202, for project rental assistance 
for housing for the elderly, as authorized under section 202(c)(2) of 
such Act, including amendments to contracts shall be transferred to and 
merged with the amounts for those purposes under this heading.

                 housing for persons with disabilities

                     (including transfer of funds)

    For 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, $250,570,000, plus 
recaptures and cancelled commitments to remain available until 
September 30, 2006: Provided, That no less than $470,000 shall be 
transferred to the Working Capital Fund for the development of and 
modifications to information technology systems which serve programs or 
activities under ``Housing programs'' or ``Federal Housing 
Administration'': Provided further, That of the amount provided under 
this heading, other than amounts for renewal of expiring project-based 
or tenant-based rental assistance contracts, the Secretary may 
designate up to 25 percent for tenant-based rental assistance, as 
authorized by section 811 of such Act, (which assistance is five years 
in duration): Provided further, That the Secretary may waive the 
provisions of section 811 governing the terms and conditions of project 
rental assistance and tenant-based assistance, except that the initial 
contract term for such assistance shall not exceed five years in 
duration: Provided further, That all balances outstanding, as of 
September 30, 2003, for capital advances, including amendments to 
capital advances, for supportive housing for persons with disabilities, 
as authorized by section 811, for project rental assistance for 
supportive housing for persons with disabilities, as authorized under 
section 811(d)(2), including amendments to contracts for such 
assistance and renewal of expiring contracts for such assistance, and 
for supportive services associated with the housing for persons with 
disabilities as authorized by section 811(b)(1), shall be transferred 
to and merged with the amounts for these 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, 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 prior 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.), up to $13,000,000 to remain available until 
expended, to be derived from the Manufactured Housing Fees Trust Fund: 
Provided, That not to exceed the total amount appropriated under this 
heading shall be available from the general fund of the Treasury to the 
extent necessary to incur obligations and make expenditures pending the 
receipt of collections to the Fund pursuant to section 620 of such Act: 
Provided further, That the amount made available under this heading 
from the general fund shall be reduced as such collections are received 
during fiscal year 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 programs or activities under ``Housing 
programs'' or ``Federal Housing Administration'': Provided, That to the 
extent guaranteed loan commitments exceed $8,426,000,000 on or before 
April 1, 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, 
$46,000,000, to remain available until September 30, 2005, of which 
$20,250,000 shall be to carry out activities pursuant to such section 
561: Provided, That no funds made available under this heading shall be 
used to lobby the executive or legislative branches of the Federal 
Government in connection with a specific contract, grant or loan.

                     Office of Lead Hazard Control

                         lead hazard reduction

    For the Lead Hazard Reduction Program, as authorized by section 
1011 of the Residential Lead-Based Paint Hazard Reduction Act of 1992, 
$130,000,000, 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 
that shall include research, studies, testing, and demonstration 
efforts, including education and outreach concerning lead-based paint 
poisoning and other housing-related diseases and hazards.

                     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, $1,122,130,000, of 
which $564,000,000 shall be provided from the various funds of the 
Federal Housing Administration, $10,695,000 shall be provided from 
funds of the Government National Mortgage Association, $150,000 shall 
be provided by transfer from the ``Native American housing block 
grants'' account, $250,000 shall be provided by transfer from the 
``Indian housing loan guarantee fund program'' account and $35,000 
shall be transferred from the ``Native Hawaiian housing loan guarantee 
fund'' account: Provided, That funds made available under this heading 
shall only be allocated in the manner specified in the report 
accompanying this Act unless the Committees on Appropriations of both 
the House of Representatives and the Senate are notified of any changes 
in an operating plan or reprogramming: Provided further, That no 
official or employee of the Department shall be designated as an 
allotment holder unless the Office of the Chief Financial Officer 
(OCFO) has determined that such allotment holder has implemented an 
adequate system of funds control and has received training in funds 
control procedures and directives: Provided further, That the Chief 
Financial Officer shall establish positive control of and maintain 
adequate systems of accounting for appropriations and other available 
funds as required by 31 U.S.C. 1514: Provided further, That for 
purposes of funds control and determining whether a violation exists 
under the Anti-Deficiency Act (31 U.S.C. 1341 et seq.), the point of 
obligation shall be the executed agreement or contract, except with 
respect to insurance and guarantee programs, certain types of salaries 
and expenses funding, and incremental funding that is authorized under 
an executed agreement or contract, and shall be designated in the 
approved funds control plan: Provided further, That the Chief Financial 
Officer shall: (a) appoint qualified personnel to conduct 
investigations of potential or actual violations; (b) establish minimum 
training requirements and other qualifications for personnel that may 
be appointed to conduct investigations; (c) establish guidelines and 
timeframes for the conduct and completion of investigations; (d) 
prescribe the content, format and other requirements for the submission 
of final reports on violations; and (e) prescribe such additional 
policies and procedures as may be required for conducting 
investigations of, and administering, processing, and reporting on, 
potential and actual violations of the Anti-Deficiency Act and all 
other statutes and regulations governing the obligation and expenditure 
of funds made available in this or any other Act: 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 the Secretary shall submit a staffing 
plan for the Department by November 15, 2003.
    The tenth 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 ``the purpose of'' and 
inserting ``purposes of funds control and'' and before the colon insert 
the following ``, except with respect to insurance and guarantee 
programs, certain types of salaries and expenses funding, and 
incremental funding that is authorized under an executed agreement or 
contract''.

                          working capital fund

    For additional capital for the Working Capital Fund (42 U.S.C. 
3535) for the development of, modifications to, and infrastructure for 
Department-wide information technology systems, and for the continuing 
operation of both Department-wide and program-specific information 
systems, $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, 
$100,080,000, of which $24,000,000 shall be provided from the various 
funds of the Federal Housing Administration: Provided, That the 
Inspector General shall have independent authority over all personnel 
issues within this office: Provided further, That no less than $300,000 
shall be transferred to the Working Capital Fund for the development of 
and modifications to information technology systems for the Office of 
Inspector General.

                         consolidated fee fund

                              (rescission)

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

             Office of Federal Housing Enterprise Oversight

                         salaries and expenses

                     (including transfer of funds)

    For carrying out the Federal Housing Enterprises Financial Safety 
and Soundness Act of 1992, including not to exceed $500 for official 
reception and representation expenses, $32,415,000, to remain available 
until expended, to be derived from the Federal Housing Enterprises 
Oversight Fund: Provided, That not to exceed such amount shall be 
available from the general fund of the Treasury to the extent necessary 
to incur obligations and make expenditures pending the receipt of 
collections to the Fund: Provided further, That the general fund amount 
shall be reduced as collections are received during the fiscal year so 
as to result in a final appropriation from the general fund estimated 
at not more than $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 2003 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. (a) Section 225(a) of the Departments of Veterans Affairs 
and Housing and Urban Development, and Independent Agencies 
Appropriations Act, 2000, Public Law 106-74 (113 Stat. 1076), is 
amended by striking ``year 2000, and the amounts that would otherwise 
be allocated for fiscal year 2001 and fiscal year 2002'', and inserting 
``years 2000, 2001, 2002, 2003, and 2004''.
    (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 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. 205. (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. 206. Except as explicitly provided in law, any grant, 
cooperative agreement or other assistance made pursuant to title II of 
this Act shall be made on a competitive basis and in accordance with 
section 102 of the Department of Housing and Urban Development Reform 
Act of 1989.
    Sec. 207. 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. 208. 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. 209. Corporations and agencies of the Department of Housing 
and Urban Development which are subject to the Government Corporation 
Control Act, as amended, are hereby authorized to make such 
expenditures, within the limits of funds and borrowing authority 
available to each such corporation or agency and in accordance with 
law, and to make such contracts and commitments without regard to 
fiscal year limitations as provided by section 104 of such Act as may 
be necessary in carrying out the programs set forth in the budget for 
2003 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. 210. 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 November 15, 2003 for 30 days of 
review.
    Sec. 211. 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. 212. The Secretary of Housing and Urban Development shall 
provide quarterly reports to the House and Senate Committees on 
Appropriations regarding all uncommitted, unobligated, recaptured and 
excess funds in each program and activity within the jurisdiction of 
the Department and shall submit additional, updated budget information 
to these Committees upon request.

                    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, 
$47,276,000 (of which $10,000,000 shall not become available until 
Septmeber 1, 2004), 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, 
$8,550,000: Provided, That the Chemical Safety and Hazard Investigation 
Board shall have not more than three career Senior Executive Service 
positions.

                             emergency fund

    For necessary expenses of the Chemical Safety and Hazard 
Investigation Board for accident investigations not otherwise provided 
for, $450,000, to remain available until expended.

                       Department of the Treasury

              Community Development Financial Institutions

   community development financial institutions fund program account

    To carry out the Community Development Banking and Financial 
Institutions Act of 1994, including services authorized by 5 U.S.C. 
3109, but at rates for individuals not to exceed the per diem rate 
equivalent to the rate for ES-3, $51,000,000, to remain available until 
September 30, 2005, of which $3,000,000 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 $13,000,000 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: Provided, 
That up to $1,000,000 is for purposes of carrying out the Inspector 
General Act of 1978.

             Corporation for National and Community Service

       national and community service programs operating expenses

    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.), $363,452,000, to 
remain available until September 30, 2005: Provided, That not more than 
$30,500,000 shall be available for administrative expenses authorized 
under section 501(a)(4): Provided further, That not more than $2,500 
shall be for official reception and representation expenses: Provided 
further, That $244,352,000 of the amount provided under this heading 
shall be available for grants under the National Service Trust program 
authorized under subtitle C of title I of the Act (42 U.S.C. 12571 et 
seq.) (relating to activities including the AmeriCorps program), and 
for grants to organizations operating projects under the AmeriCorps 
Education Awards Program (without regard to the requirements of 
sections 121(d) and (e), 131(e), 132, and 140(a), (d), and (e) of the 
Act): of which 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 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 for the Points of Light Foundation for activities 
authorized under title III of the Act (42 U.S.C. 12661 et seq.), of 
which not more than $2,500,000 may be used to support an endowment 
fund, the corpus of which shall remain intact and the interest income 
from which shall be used to support activities described in title III 
of the Act, provided that the Foundation may invest the corpus and 
income in federally insured bank savings accounts or comparable 
interest bearing accounts, certificates of deposit, money market funds, 
mutual funds, obligations of the United States, and other market 
instruments and securities but not in real estate investments: Provided 
further, That no funds shall be available for national service programs 
run by Federal agencies authorized under section 121(b) of such Act (42 
U.S.C. 12571(b)): Provided further, That not less than $24,000,000 of 
the funds made available under this heading shall be available for the 
Civilian Community Corps authorized under subtitle E of title I of the 
Act (42 U.S.C. 12611 et seq.): Provided further, That not more than 
$40,000,000 shall be available for school-based and community-based 
service-learning programs authorized under subtitle B of title I of the 
Act (42 U.S.C. 12521 et seq.): Provided further, That not more than 
$6,100,000 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.): 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. only to support efforts to 
mobilize individuals, groups, and organizations to build and strengthen 
the character and competence of the Nation's youth: Provided further, 
That not more than $3,500,000 shall be available for audits and other 
evaluations authorized under section 179 of the Act (42 U.S.C. 12639).

                         national service trust

    For payment of educational awards authorized under subtitle D of 
title I of the National Community Service Act of 1990 (42 U.S.C. 
12601), $110,771,000, to remain available until expended; of which 
$5,000,000 shall be available for national service scholarships for 
high school students performing community service, and $10,000,000 
shall be held in reserve as defined in Public Law 108-45: Provided, 
That the Corporation for National and Community Servcice shall enroll 
no more than 55,000 volunteers in the National Service Trust with the 
funds provided in this Act.

                      office of inspector general

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

               U.S. 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, 
$15,938,000 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 one 
passenger motor vehicle for replacement only, and not to exceed $1,000 
for official reception and representation expenses, $25,961,000, to 
remain available until expended.

                Department of Health and Human Services

                     National Institutes of Health

          national institute of environmental health sciences

    For necessary expenses for the National Institute of Environmental 
Health Sciences in carrying out activities set forth in section 311(a) 
of the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980, as amended, and section 126(g) of the Superfund 
Amendments and Reauthorization Act of 1986, $80,000,000.

            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, to be derived 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, 
$767,115,000 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, $2,192,552,000, 
which shall remain available until September 30, 2005, including 
administrative costs of the brownfields program under the Small 
Business Liability Relief and Brownfields Revitalization Act of 2002.

                      office of inspector general

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

                        buildings and facilities

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

                     hazardous substance superfund

                     (including transfers of funds)

    For necessary expenses to carry out the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (CERCLA), as amended, 
including sections 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C. 
9611), and for construction, alteration, repair, rehabilitation, and 
renovation of facilities, not to exceed $75,000 per project; 
$1,275,000,000, to remain available until expended, consisting of 
$200,000,000, as authorized by section 517(a) of the Superfund 
Amendments and Reauthorization Act of 1986 (SARA), as amended, and 
$1,075,000,000 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 $44,697,000 shall be transferred to the ``Science and 
technology'' appropriation to remain available until September 30, 
2005.

              leaking underground storage tank trust fund

    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, $3,601,950,000, to remain available until expended, 
of which $1,200,000,000 shall be for making capitalization grants for 
the Clean Water State Revolving Funds under title VI of the Federal 
Water Pollution Control Act, as amended (the ``Act''), of which up to 
$68,000,000 shall be available for loans, including interest free loans 
as authorized by 33 U.S.C. 1383(d)(1)(A), to municipal, inter-
municipal, interstate, or State agencies or nonprofit entities for 
projects that provide treatment for or that minimize sewage or 
stormwater discharges using one or more approaches which include, but 
are not limited to, decentralized or distributed stormwater controls, 
decentralized wastewater treatment, low-impact development practices, 
conservation easements, stream buffers, or wetlands restoration; 
$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; $25,000,000 shall 
be for grants to the State of Alaska to address drinking water and 
wastewater infrastructure needs of rural and Alaska Native Villages; 
$195,000,000 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 report accompanying this legislation; 
$8,250,000 for grants for construction of alternative decentralized 
wastewater facilities under the National Decentralized Wastewater 
Demonstration program, in accordance with the terms and conditions 
specified in the report accompanying this legislation; $93,500,000 
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 $1,180,200,000 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, $50,000,000 shall be for carrying out section 128 of 
CERCLA, as amended, and $20,000,000 shall be for National 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 108-7, item 
number 383, is deemed to be amended by adding after the word 
``overflow'', ``and water infrastructure'': Provided further, That the 
referenced statement of the managers under this heading in Public Law 
108-07, item number 255, is deemed to be amended by inserting ``water 
and'' after the words ``Mississippi for'': Provided further, That the 
referenced statement of the managers under this heading in Public Law 
108-07, item number 256, is deemed to be amended by adding after the 
word ``for'', ``water and''.

                       administrative provisions

    For fiscal year 2004, notwithstanding 31 U.S.C. 6303(1) and 
6305(1), the Administrator of the Environmental Protection Agency, in 
carrying out the Agency's function to implement directly Federal 
environmental programs required or authorized by law in the absence of 
an acceptable tribal program, may award cooperative agreements to 
federally-recognized Indian Tribes or Intertribal consortia, if 
authorized by their member Tribes, to assist the Administrator in 
implementing Federal environmental programs for Indian Tribes required 
or authorized by law, except that no such cooperative agreements may be 
awarded from funds designated for State financial assistance 
agreements.
    None of the funds appropriated or otherwise made available by this 
Act shall be used to promulgate a final regulation to implement changes 
in the payment of pesticide tolerance processing fees as proposed at 64 
Fed. Reg. 31040, or any similar proposals. The Environmental Protection 
Agency may proceed with the development of such a rule.
    The Environmental Protection Agency may not use any of the funds 
appropriated or otherwise made available by this Act to implement the 
Registration Fee system codified at 40 Code of Federal Regulations 
Subpart U (sections 152.400 et seq.) if its authority to collect 
maintenance fees pursuant to FIFRA section 4(i)(5) is extended for at 
least 1 year beyond September 30, 2003.
    Section 136a-1 of title 7, U.S.C. is amended--
            (1) in subsection (i)(5)(C)(i) by striking ``2003'' and 
        inserting ``2004'';
            (2) in subsection (i)(5)(H) by striking ``2003'' and 
        inserting ``2004'';
            (3) in subsection (i)(6) by striking ``2003'' and inserting 
        ``2004''; and
            (4) in subsection (k)(3)(A) by striking ``2003'' and 
        inserting ``2004''.

                   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, $30,125,000, to be derived from the Bank Insurance Fund, the 
Savings Association Insurance Fund, and the FSLIC Resolution Fund.

                    General Services Administration

                federal citizen information center fund

    For necessary expenses of the Federal Citizen Information Center, 
including services authorized by 5 U.S.C. 3109, $12,500,000, 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 of $18,000,000. 
Appropriations, revenues, and collections accruing to this Fund during 
fiscal year 2004 in excess of $18,000,000 shall remain in the Fund and 
shall not be available for expenditure except as authorized in 
appropriations Acts.

                  Interagency Council on the Homeless

                           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

                     (including transfer of funds)

    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, $7,806,100,000, 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 ``Science, aeronautics and exploration'' in 
accordance with section 312(b) of the National Aeronautics and Space 
Act of 1958, as amended by Public Law 106-377.

                  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 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, $7,707,900,000, 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 or environmental compliance and restoration activities as 
authorized by law, such amount available for such activity shall remain 
available until expended. This provision does not apply to the amounts 
appropriated for institutional minor revitalization and construction of 
facilities, and institutional facility planning and design.
    Notwithstanding the limitation on the availability of funds 
appropriated for ``Science, aeronautics and exploration'', or ``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 of the 
``Science, Aeronautics and Exploration'' account and crosscutting 
technologies of the ``Space flight capabilities'' account.
    Funds for announced prizes otherwise authorized shall remain 
available, without fiscal year limitation, until the prize is claimed 
or the offer is withdrawn.
    The unexpired balances of prior appropriations to NASA for 
activities for which funds are provided under this Act may be 
transferred to the new account established for the appropriation that 
provides such activity under this Act. Balances so transferred may be 
merged with funds in the newly established account and thereafter may 
be accounted for as one fund under the same terms and conditions.

                  National Credit Union Administration

                       central liquidity facility

                     (including transfer of funds)

    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, $1,000,000 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; $4,306,360,000, of 
which not more than $355,000,000 shall remain available until expended 
for Polar research and operations support, and for reimbursement to 
other Federal agencies for operational and science support and 
logistical and other related activities for the United States Antarctic 
program; the balance to remain available until September 30, 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 and 
used for authorized purposes of this account.

          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, 
$192,330,000, 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, 
$910,680,000, 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; 
reimbursement of the General Services Administration for security guard 
services; $215,900,000: 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.), 
$3,800,000: 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.

                        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; 
$28,290,000: 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.

                      TITLE IV--GENERAL PROVISIONS

    Sec. 401. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 402. No funds appropriated by this Act may be expended--
            (1) pursuant to a certification of an officer or employee 
        of the United States unless--
                    (A) such certification is accompanied by, or is 
                part of, a voucher or abstract which describes the 
                payee or payees and the items or services for which 
                such expenditure is being made; or
                    (B) the expenditure of funds pursuant to such 
                certification, and without such a voucher or abstract, 
                is specifically authorized by law; and
            (2) unless such expenditure is subject to audit by the 
        General Accounting Officer or is specifically exempt by law 
        from such audit.
    Sec. 403. None of the funds provided in this Act to any department 
or agency may be obligated or expended for: (1) the transportation of 
any officer or employee of such department or agency between the 
domicile and the place of employment of the officer or employee, with 
the exception of an officer or employee authorized such transportation 
under 31 U.S.C. 1344 or 5 U.S.C. 7905 or (2) to provide a cook, 
chauffeur, or other personal servants to any officer or employee of 
such department or agency.
    Sec. 404. None of the funds provided in this Act may be used for 
payment, through grants or contracts, to recipients that do not share 
in the cost of conducting research resulting from proposals not 
specifically solicited by the Government: Provided, That the extent of 
cost sharing by the recipient shall reflect the mutuality of interest 
of the grantee or contractor and the Government in the research.
    Sec. 405. None of the funds provided in this Act may be used, 
directly or through grants, to pay or to provide reimbursement for 
payment of the salary of a consultant (whether retained by the Federal 
Government or a grantee) at more than the daily equivalent of the rate 
paid for level IV of the Executive Schedule, unless specifically 
authorized by law.
    Sec. 406. None of the funds provided in this Act may be used to pay 
the expenses of, or otherwise compensate, non-Federal parties 
intervening in regulatory or adjudicatory proceedings. Nothing herein 
affects the authority of the Consumer Product Safety Commission 
pursuant to section 7 of the Consumer Product Safety Act (15 U.S.C. 
2056 et seq.).
    Sec. 407. Except as otherwise provided under existing law, or under 
an existing Executive Order issued pursuant to an existing law, the 
obligation or expenditure of any appropriation under this Act for 
contracts for any consulting service shall be limited to contracts 
which are: (1) a matter of public record and available for public 
inspection; and (2) thereafter included in a publicly available list of 
all contracts entered into within 24 months prior to the date on which 
the list is made available to the public and of all contracts on which 
performance has not been completed by such date. The list required by 
the preceding sentence shall be updated quarterly and shall include a 
narrative description of the work to be performed under each such 
contract.
    Sec. 408. Except as otherwise provided by law, no part of any 
appropriation contained in this Act shall be obligated or expended by 
any executive agency, as referred to in the Office of Federal 
Procurement Policy Act (41 U.S.C. 401 et seq.), for a contract for 
services unless such executive agency: (1) has awarded and entered into 
such contract in full compliance with such Act and the regulations 
promulgated thereunder; and (2) requires any report prepared pursuant 
to such contract, including plans, evaluations, studies, analyses and 
manuals, and any report prepared by the agency which is substantially 
derived from or substantially includes any report prepared pursuant to 
such contract, to contain information concerning: (A) the contract 
pursuant to which the report was prepared; and (B) the contractor who 
prepared the report pursuant to such contract.
    Sec. 409. (a) It is the sense of the Congress that, to the greatest 
extent practicable, all equipment and products purchased with funds 
made available in this Act should be American-made.
    (b) In providing financial assistance to, or entering into any 
contract with, any entity using funds made available in this Act, the 
head of each Federal agency, to the greatest extent practicable, shall 
provide to such entity a notice describing the statement made in 
subsection (a) by the Congress.
    Sec. 410. None of the funds appropriated in this Act may be used to 
implement any cap on reimbursements to grantees for indirect costs, 
except as published in Office of Management and Budget Circular A-21.
    Sec. 411. Such sums as may be necessary for fiscal year 2004 pay 
raises for programs funded by this Act shall be absorbed within the 
levels appropriated in this Act.
    Sec. 412. None of the funds made available in this Act may be used 
for any program, project, or activity, when it is made known to the 
Federal entity or official to which the funds are made available that 
the program, project, or activity is not in compliance with any Federal 
law relating to risk assessment, the protection of private property 
rights, or unfunded mandates.
    Sec. 413. Except in the case of entities that are funded solely 
with Federal funds or any natural persons that are funded under this 
Act, none of the funds in this Act shall be used for the planning or 
execution of any program to pay the expenses of, or otherwise 
compensate, non-Federal parties to lobby or litigate in respect to 
adjudicatory proceedings funded in this Act. A chief executive officer 
of any entity receiving funds under this Act shall certify that none of 
these funds have been used to engage in the lobbying of the Federal 
Government or in litigation against the United States unless authorized 
under existing law.
    Sec. 414. No part of any funds appropriated in this Act shall be 
used by an agency of the executive branch, other than for normal and 
recognized executive-legislative relationships, for publicity or 
propaganda purposes, and for the preparation, distribution or use of 
any kit, pamphlet, booklet, publication, radio, television or film 
presentation designed to support or defeat legislation pending before 
the Congress, except in presentation to the Congress itself.
    Sec. 415. All departments and agencies funded under this Act are 
encouraged, within the limits of the existing statutory authorities and 
funding, to expand their use of ``E-Commerce'' technologies and 
procedures in the conduct of their business practices and public 
service activities.
    Sec. 416. None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government 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. Section 312 of the National Aeronautics and Space 
Administration of 1958, as amended, is further amended--
            (1) by striking the second Sec. ``312'' and inserting 
        ``313'';
            (2) by inserting the title, ``Full Cost Appropriations 
        Account Structure'', before Sec. 313;
            (3) in subsection (a)--
                    (A) by striking ``Human space flight'' and 
                inserting ``Space flight capabilities'';
                    (B) by striking ``technology'' and inserting 
                ``exploration''; and
                    (C) by striking ``2002'' and inserting ``2004''; 
                and
            (4) by striking subsection (c), and inserting the following 
        new subsection:
    ``(c) The unexpired balances of prior appropriations to the 
Administration for activities authorized under this Act may be 
transferred to the new account established for such activity in 
subsection (a). 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''.
    This Act may be cited as the ``Departments of Veterans Affairs and 
Housing and Urban Development, and Independent Agencies Appropriations 
Act, 2004''.
                                                 Union Calendar No. 129

108th CONGRESS

  1st Session

                               H. R. 2861

                          [Report No. 108-235]

_______________________________________________________________________

                                 A BILL

   Making appropriations for the Departments of Veterans Affairs and 
  Housing and Urban Development, and for sundry independent agencies, 
  boards, commissions, corporations, and offices for the fiscal year 
           ending September 30, 2004, and for other purposes.

_______________________________________________________________________

                             July 24, 2003

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed
Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 2004

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