(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)
Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 2005 - Title I: Department of Veterans Affairs - Makes FY 2005 appropriations to the Department of Veterans Affairs (VA) for: (1) veterans' compensation, pensions, and readjustment benefits; (2) veterans' insurance and indemnities; (3) veterans' housing and vocational rehabilitation loan accounts, including Native American and homeless veterans; (4) veterans' medical care; (5) medical and prosthetic research; (6) medical administration; (7) departmental administration; (8) the National Cemetery Administration; (9) the Office of Inspector General; (10) construction; and (11) grants to States for construction of extended care facilities and State veterans cemeteries.
Sets forth authorized uses of, and limitations on, funds made available under this title.
(Sec. 107) Directs the Secretary of Veterans Affairs to reimburse the general operating expenses account from the National Service Life Insurance Fund, the Veterans' Special Life Insurance Fund, and the United States Government Life Insurance Fund for the cost of administration of the insurance programs financed through those accounts.
(Sec. 108) Directs the VA to continue until October 1, 2005, the Franchise Fund pilot program for providing administrative support services to designated Federal agencies. Extends program funding through such date.
(Sec. 110) Requires for FY 2005 that funds available in any VA appropriation or fund for salaries and other administrative expenses shall be available to reimburse specified service costs provided by the Offices of Resolution Management and Employment Discrimination Complaint Adjudication.
(Sec. 111) Prohibits the use of appropriations made by this title for: (1) entering into any new lease of real property with an estimated annual rental of over $300,000, unless the Secretary submits a report which the congressional appropriations committees approve within 30 days after submission; or (2) hospitalization or treatment for non-service-connected disability or illness unless the individual provides accurate insurance and annual income information.
(Sec. 113) Prohibits the use of funds in this Act to implement specified provisions of the Department of Veterans Affairs Emergency Preparedness Act of 2002 that: (1) establish medical emergency preparedness centers at VA medical centers; and (2) add an Assistant Secretary of Veterans Affairs for Operations, Preparedness, Security, and Law Enforcement Functions.
(Sec. 114) Deposits and transfers receipts that would otherwise be credited to the Veterans Extended Care Revolving Fund, the Medical Facilities Revolving Fund, the Special Therapeutic and Rehabilitation Fund, the Nursing Home Revolving Fund, the Veterans Health Services Improvement Fund, and the Parking Revolving Fund to the Medical Care Collections Fund and to the Medical Care account.
(Sec. 115) Directs the Secretary to conduct a program of recovery audits for the fee basis and other hospital-related service contracts.
(Sec. 116) Authorizes enhanced-use leasing proceeds in the Medical Care Collection Fund to be transferred to construction accounts and used for VA medical facility construction or improvements.
(Sec. 117) Authorizes any general operating expense FY 2005 appropriation for the Veterans Benefits Administration to be transferred for property management contract use if such contract's administrative costs exceed a specified amount.
(Sec. 118) Makes medical services amounts available for: (1) recreational facilities; and (2) funeral expenses for beneficiaries receiving Department care.
(Sec. 120) Authorizes and specifies medical account transfers.
(Sec. 121) Authorizes the expenditure of specified funds originally appropriated to the medical care account for emergency expenses resulting from the January 1994 earthquake in Southern California for the same purposes of the medical services account.
(Sec. 123) Directs the the Secretary to allow eligible veterans in rural areas of Alaska to obtain medical care from an Indian Health Service or tribal organization facility if no VA health facility or service is available, provided that such service results in no additional VA cost.
Title II: Department of Housing and Urban Development - Makes FY 2005 appropriations for the Department of Housing and Urban Development (HUD) for: (1) public and Indian housing; (2) the Public Housing Capital and Operating Funds; (3) revitalization of severely distressed public housing (HOPE VI); (4) Native American housing block grants; (5) Indian and Native Hawaiian housing loan guarantees; (6) housing opportunities for persons with AIDS; (7) the Office of Rural Housing and Economic Development; (8) empowerment zones and enterprise communities; (9) community development block grants and loan guarantees; (10) brownfields redevelopment; (11) the HOME investment partnerships program; (12) homeless assistance grants; (13) housing for the elderly and for persons with disabilities; (14) flexible subsidy fund; (15) manufactured housing fees trust fund; (16) the Federal Housing Administration (FHA); (17) the Government National Mortgage Association (GNMA or Ginnie Mae); (18) housing policy development and research; (29) fair housing activities; (20) the Office of Lead Hazard Control; (21) management and administration; (22) the Working Capital Fund; (23) the Office of Inspector General; and (24) the Office of Federal Housing Enterprise Oversight.
Rescinds specified amounts of rental housing assistance.
Cancels specified funds with respect to: (1) the Indian and public housing certificate fund; (2) drug elimination grants for low-income housing; (3) Indian housing loan guarantees and block grants; and (4) housing for the elderly and for persons with disabilities.
(Sec. 201) States that 50 percent of budget authority amounts, or in lieu thereof 50 percent of the cash amounts associated with such budget authority, that are recaptured from certain "qualified projects" under the Stewart B. McKinney Homeless Assistance Amendments Act of 1988 shall be rescinded, or in the case of cash, remitted to the Treasury, and such non-rescinded or non-remitted amounts shall be used by State housing finance agencies or local governments or local housing agencies for certain approved projects. Authorizes the Secretary to use up to 15 percent of such non-rescinded or non-remitted amounts as refinancing incentives for project owners.
(Sec. 202) Prohibits funds under this Act from being used during FY 2005 to investigate or prosecute under the Fair Housing Act any otherwise lawful activities aimed at achieving or preventing government or court action.
(Sec. 203) Directs the Secretary of Housing and Urban Development to make housing for persons with AIDS grants to any State that qualified in a prior fiscal year but does not qualify in FY 2005 due to decreased AIDS cases in non-metropolitan areas of the State.
Allocates certain FY 2005 housing funds for persons with AIDS from New York City, New York, on behalf of the New York-Wayne-White Plains, New York-New Jersey Metropolitan Division of the New York-Newark-Edison, NY-NJ-PA Metropolitan Statistical Area to: (1) Jersey City, New Jersey, based on the number of AIDS cases in the portion of the metropolitan area or division that is located in Hudson County, New Jersey; and (2) Paterson, New Jersey, based on the number of AIDS cases in the portion of the metropolitan area or division that is located in Bergen County and Passaic County, New Jersey. Requires the recipient cities to use such amounts in their respective portions of the metropolitan division located in New Jersey.
(Sec. 204) Declares, with respect to FY 2005 assisted living facility section 8 rental payments, that a family residing in an assisted living facility in Oakland, Macomb, Wayne, or Washtenaw Counties, Michigan, may be required to pay rent in an amount exceeding 40 percent of its monthly adjusted gross income.
(Sec. 205) Requires HUD to grant awards on a competitive basis.
(Sec. 206) Makes HUD funds subject to the Government Corporation Control Act or other restrictions available, without regard to limitations on administrative expenses, for legal services and services and facilities of the Federal National Mortgage Association (FNMA or Fannie Mae), Ginnie Mae, Federal Home Loan Mortgage Corporation (FHLMC or Freddie Mac), Federal Financing Bank (FFB), Federal Reserve banks, Federal Home Loan banks, and any insured bank within the meaning of the Federal Deposit Insurance Corporation (FDIC).
(Sec. 207) Limits HUD spending to amounts set forth in budget estimates submitted to Congress.
(Sec. 208) Authorizes HUD corporations and agencies subject to the Government Corporation Control Act to make necessary FY 2005 expenditures without regard to fiscal year limitations. Limits the use of collections of these corporations and agencies (with specified exceptions) to new loan or mortgage purchase commitments only to the extent expressly provided for in this Act, unless they are in support of other forms of assistance provided in this or prior appropriations Acts.
(Sec. 209) Prohibits the obligation or expenditure by HUD of funds provided in this title for technical assistance, training, or management improvements unless HUD provides the appropriations committees with a description of each proposed activity and budget estimates of the associated costs (by March 15, 2005, for FY 2005).
(Sec. 210) Exempts public housing agencies in Alaska, Iowa, or Mississippi from the requirement of having a public housing resident or section 8 recipient on the board of directors. Requires such public housing agencies to establish advisory boards that include public housing tenants and section 8 recipients.
(Sec. 211) Directs the Secretary to: (1) report quarterly regarding all uncommitted, unobligated, and excess funds in each HUD program; and (2) report annually regarding the number of federally assisted units under lease and the per unit cost of these units to HUD.
(Sec. 212) Directs the Secretary, in managing and disposing of any HUD-held multifamily property that is occupied primarily by elderly or disabled families in FY 2005, to maintain any section 8 rental assistance payments that are attached to such dwelling units. Authorizes the Secretary, if such payments are not feasible, to contract for project-based rental assistance payments with an owner or owners of other existing housing properties or provide other rental assistance.
(Sec. 214) Allocates certain FY 2005 housing funds for persons with AIDS from: (1) Wilmington, Delaware, on behalf of the Wilmington, Delaware-Maryland-New Jersey Metropolitan Division of the Philadelphia-Camden-Wilmington, PA-NJ-DE-MD Metropolitan Statistical Area, to New Jersey based on the number of AIDS cases in the New Jersey portion of the metropolitan area or division; and (2) Raleigh, North Carolina, on behalf of the Raleigh-Carey, North Carolina, Metropolitan Statistical Area, to Wake County, North Carolina. Requires that the allocations be used in such Areas.
(Sec. 217) Amends the National Housing Act with respect to grounds for civil penalties for violations by FHA participants and multifamily mortgagors.
(Sec. 218) Amends the Housing and Community Development Act of 1987 to: (1) include nursing homes, intermediate care facilities, board and care homes, assisted living facilities, or hospitals among the properties for which the Secretary may recover damages for violations of certain mortgages held under the National Housing Act; and (2) expand the category of persons who may be held liable for such violations.
(Sec. 219) Amends the National Housing Act to with respect to payment of mortgage insurance benefits to a mortgagor to: (1) make States or Indian tribes eligible asset purchasers in revitalization areas; and (2) define "State" as any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, or any designated agency or instrumentality.
(Sec. 222) Exempts funds for the PATH Initiative under the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 2004 from certain competitive grant requirements.
(Sec. 223) Amends the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 2004 with respect to specified provisions for housing for the elderly and for persons with disabilities.
(Sec. 224) Amends the United States Housing Act of 1937 to prohibit a public housing agency from using funds under this Act for Federal, State, or local election activities.
(Sec. 225) Considers all financial assistance made available to any person by any college or university as adjusted income for rental housing eligibility purposes under the United States Housing Act of 1937.
(Sec. 226) States that funds made available for Native Alaskans under the heading "Native American Housing Block Grants" in title II of this Act shall be allocated to the same Native Alaskan Indian Housing block grant recipients that received FY 2004 funds.
(Sec. 227) Makes funds appropriated for housing for the elderly and for supportive housing for persons with disabilities available for maintaining and disposing of such HUD-held properties.
(Sec. 228) Authorizes public housing agencies in tight rental markets to use up to 50 percent of their section 8 assistance for project-based assistance.
(Sec. 229) Authorizes, subject to specified conditions, the transfer of of project-based assistance, debt and statutorily required low-income and very low-income use restrictions from one multifamily housing project to another multifamily housing project.
Title III: Independent Agencies - Makes FY 2005 appropriations for: (1) the American Battle Monuments Commission; (2) the Chemical Safety and Hazard Investigation Board; (3) the Department of the Treasury, Community Development Financial Institutions Fund Program Account; (4) the Consumer Product Safety Commission; (5) the Corporation for National and Community Service; (6) the U.S. Court of Appeals for Veterans Claims; (7) the Department of Defense (DOD)-Civil for cemeterial expenses, Army; (8) the Department of Health and Human Services (HHS), National Institute of Environmental Health Sciences; (9) the Agency for Toxic Substances and Disease Registry; (10) the Environmental Protection Agency (EPA); (11) the Hazardous Substance Superfund, including transfers of funds; (12 ) the Executive Office of the President, Office of Science and Technology Policy, the Council on Environmental Quality, and the Office of Environmental Quality; (13) the Federal Deposit Insurance Corporation (FDIC), Office of Inspector General; (14) the General Services Administration (GSA), Federal Citizen Information Center Fund; (15) the United States Interagency Council on Homelessness; (16) the National Aeronautics and Space Administration (NASA); (17) the National Credit Union Administration; (18) the National Science Foundation (NSF); (19) the Neighborhood Reinvestment Corporation; and (20) the Selective Service System.
Title IV: General Provisions - Sets forth conditions and limitations on the obligation and expenditure of funds appropriated or made available under this Act.
(Sec. 410) Expresses the sense of Congress that, to the greatest extent practicable, all equipment and products purchased with funds made available in this Act should be American-made.
(Sec. 411) Prohibits the use of funds under this Act for any program, project, or activity when it is made known to the appropriate Federal entity or official that the program, project, or activity is not in compliance with Federal law relating to risk assessment, private property protection, or unfunded mandates.
(Sec. 414) Encourages all Departments and agencies funded under this Act, within the limits of existing statutory authorities and funding, to expand their use of "E-Commerce" technologies and procedures.
(Sec. 417) Amends the National Aeronautics and Space Administration Act of 1958 to replace the space flight capabilities appropriations account with an exploration capabilities account.
(Sec. 418) Prohibits the use of funds under this Act to implement any policy prohibiting the Directors of the Veterans Integrated Service Networks from conducting outreach or marketing to enroll new veterans within their respective Networks.
(Sec. 422) Makes specified NASA funds available to the families of the astronauts who died on the Space Shuttle Columbia on February 1, 2003.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2825 Placed on Calendar Senate (PCS)]
Calendar No. 708
108th CONGRESS
2d Session
S. 2825
[Report No. 108-353]
Making appropriations for the Departments of Veterans Affairs and
Housing and Urban Development, and for sundry independent agencies,
boards, commissions, corporations, and offices for the fiscal year
ending September 30, 2005, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 21, 2004
Mr. Bond, from the Committee on Appropriations, reported the following
original bill; which was read twice and placed on the calendar
_______________________________________________________________________
A BILL
Making appropriations for the Departments of Veterans Affairs and
Housing and Urban Development, and for sundry independent agencies,
boards, commissions, corporations, and offices for the fiscal year
ending September 30, 2005, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the Departments of Veteran
Affairs and Housing and Urban Development, and for sundry independent
agencies, boards, commissions, corporations, and offices for the fiscal
year ending September 30, 2005, and for other purposes, namely:
TITLE I--DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
compensation and pensions
(including transfer of funds)
For the payment of compensation benefits to or on behalf of
veterans and a pilot program for disability examinations as authorized
by law (38 U.S.C. 107, chapters 11, 13, 18, 51, 53, 55, and 61);
pension benefits to or on behalf of veterans as authorized by law (38
U.S.C. chapters 15, 51, 53, 55, and 61; 92 Stat. 2508); and burial
benefits, emergency and other officers' retirement pay, adjusted-
service credits and certificates, payment of premiums due on commercial
life insurance policies guaranteed under the provisions of article IV
of the Soldiers' and Sailors' Civil Relief Act of 1940 (50 U.S.C. App.
540 et seq.) and for other benefits as authorized by law (38 U.S.C.
107, 1312, 1977, and 2106, chapters 23, 51, 53, 55, and 61; 50 U.S.C.
App. 540-548; 43 Stat. 122, 123; 45 Stat. 735; 76 Stat. 1198),
$32,607,688,000, to remain available until expended: Provided, That not
to exceed $20,703,000 of the amount appropriated under this heading
shall be reimbursed to ``General operating expenses'' and ``Medical
services'' for necessary expenses in implementing those provisions
authorized in the Omnibus Budget Reconciliation Act of 1990, and in the
Veterans' Benefits Act of 1992 (38 U.S.C. chapters 51, 53, and 55), the
funding source for which is specifically provided as the ``Compensation
and pensions'' appropriation: Provided further, That such sums as may
be earned on an actual qualifying patient basis, shall be reimbursed to
``Medical facilities revolving fund'' to augment the funding of
individual medical facilities for nursing home care provided to
pensioners as authorized.
readjustment benefits
For the payment of readjustment and rehabilitation benefits to or
on behalf of veterans as authorized by law (38 U.S.C. chapters 21, 30,
31, 34, 35, 36, 39, 51, 53, 55, and 61), $2,556,232,000, to remain
available until expended: Provided, That expenses for rehabilitation
program services and assistance which the Secretary is authorized to
provide under section 3104(a) of title 38, United States Code, other
than under subsection (a)(1), (2), (5), and (11) of that section, shall
be charged to this account.
veterans insurance and indemnities
For military and naval insurance, national service life insurance,
servicemen's indemnities, service-disabled veterans insurance, and
veterans mortgage life insurance as authorized by 38 U.S.C. chapter 19;
70 Stat. 887; 72 Stat. 487, $44,380,000, to remain available until
expended.
veterans housing benefit program fund program account
(including transfer of funds)
For the cost of direct and guaranteed loans, such sums as may be
necessary to carry out the program, as authorized by 38 U.S.C. chapter
37, as amended: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided further, That
during fiscal year 2005, within the resources available, not to exceed
$500,000 in gross obligations for direct loans are authorized for
specially adapted housing loans.
In addition, for administrative expenses to carry out the direct
and guaranteed loan programs, $154,075,000, which may be transferred to
and merged with the appropriation for ``General operating expenses''.
vocational rehabilitation loans program account
(including transfer of funds)
For the cost of direct loans, $47,000, as authorized by 38 U.S.C.
chapter 31, as amended: Provided, That such costs, including the cost
of modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided further, That
funds made available under this heading are available to subsidize
gross obligations for the principal amount of direct loans not to
exceed $4,108,000.
In addition, for administrative expenses necessary to carry out the
direct loan program, $311,000, which may be transferred to and merged
with the appropriation for ``General operating expenses''.
native american veteran housing loan program account
(including transfer of funds)
For administrative expenses to carry out the direct loan program
authorized by 38 U.S.C. chapter 37, subchapter V, as amended, $571,000,
which may be transferred to and merged with the appropriation for
``General operating expenses'': Provided, That no new loans in excess
of $50,000,000 may be made in fiscal year 2005.
guaranteed transitional housing loans for homeless veterans program
account
For the administrative expenses to carry out the guaranteed
transitional housing loan program authorized by 38 U.S.C. chapter 37,
subchapter VI, not to exceed $600,000 of the amounts appropriated by
this Act for ``General operating expenses'' and ``Medical
administration'' may be expended.
Veterans Health Administration
medical services
For necessary expenses for furnishing, as authorized by law,
inpatient and outpatient care and treatment to beneficiaries of the
Department of Veterans Affairs and veterans described in paragraphs (1)
through (8) of section 1705(a) of title 38, United States Code,
including care and treatment in facilities not under the jurisdiction
of the department and including medical supplies and equipment and
salaries and expenses of health-care employees hired under title 38,
United States Code, and aid to State homes as authorized by section
1741 of title 38, United States Code; $18,298,600,000, plus
reimbursements: Provided, That of the funds made available under this
heading, not to exceed $1,100,000,000 shall be available until
September 30, 2006: Provided further, That, notwithstanding any other
provision of law, the Secretary of Veterans Affairs shall establish a
priority for treatment for veterans who are service-connected disabled,
lower income, or have special needs: Provided further, That,
notwithstanding any other provision of law, the Secretary of Veterans
Affairs shall give priority funding for the provision of basic medical
benefits to veterans in enrollment priority groups 1 through 6:
Provided further, That of the funds made available under this heading,
the Secretary may transfer up to $250,000,000, to remain available
until expended, to ``Construction, major projects'' for purposes of
implementing CARES subject to a determination by the Secretary that
such funds will improve access and quality of veteran's health care
needs: Provided further, That, notwithstanding any other provision of
law, the Secretary of Veterans Affairs may authorize the dispensing of
prescription drugs from Veterans Health Administration facilities to
enrolled veterans with privately written prescriptions based on
requirements established by the Secretary: Provided further, That the
implementation of the program described in the previous proviso shall
incur no additional cost to the Department of Veterans Affairs:
Provided further, That for the DOD VA Health Care Sharing Incentive
Fund, as authorized by section 721 of Public Law 107-314, a minimum of
$15,000,000, to remain available until expended, for any purpose
authorized by 38 U.S.C. 8111.
For an additional amount for ``Medical services'', $1,200,000,000:
Provided, That the entire amount is designated as an emergency
requirement pursuant to section 402 of S. Con. Res. 95 (108th Congress)
as made applicable to the House of Representatives by H. Res. 649
(108th Congress) and applicable to the Senate by Section 14007 of
Public Law 108-287.
medical administration
For necessary expenses in the administration of the medical,
hospital, nursing home, domiciliary, construction, supply, and research
activities, as authorized by law; administrative expenses in support of
capital policy activities; information technology hardware and
software; uniforms or allowances therefor, as authorized by sections
5901-5902 of title 5, United States Code; and administrative and legal
expenses of the department for collecting and recovering amounts owed
the department as authorized under chapter 17 of title 38, United
States Code, and the Federal Medical Care Recovery Act (42 U.S.C. 2651
et seq.); $4,705,000,000, of which $250,000,000 shall be available
until September 30, 2006, plus reimbursements.
medical facilities
For necessary expenses for the maintenance and operation of
hospitals, nursing homes, and domiciliary facilities and other
necessary facilities for the Veterans Health Administration; for
administrative expenses in support of planning, design, project
management, real property acquisition and disposition, construction and
renovation of any facility under the jurisdiction or for the use of the
department; for oversight, engineering and architectural activities not
charged to project costs; for repairing, altering, improving or
providing facilities in the several hospitals and homes under the
jurisdiction of the department, not otherwise provided for, either by
contract or by the hire of temporary employees and purchase of
materials; for leases of facilities; and for laundry and food services,
$3,745,000,000, of which $250,000,000 shall be available until
September 30, 2006.
medical and prosthetic research
For necessary expenses in carrying out programs of medical and
prosthetic research and development as authorized by chapter 73 of
title 38, United States Code, to remain available until September 30,
2006, $405,592,800, plus reimbursements.
Departmental Administration
general operating expenses
For necessary operating expenses of the Department of Veterans
Affairs, not otherwise provided for, including administrative expenses
in support of department-wide capital planning, management and policy
activities, uniforms or allowances therefor; not to exceed $25,000 for
official reception and representation expenses; hire of passenger motor
vehicles; and reimbursement of the General Services Administration for
security guard services, and the Department of Defense for the cost of
overseas employee mail, $1,399,753,000: Provided, That expenses for
services and assistance authorized under 38 U.S.C. 3104(a)(1), (2),
(5), and (11) that the Secretary determines are necessary to enable
entitled veterans: (1) to the maximum extent feasible, to become
employable and to obtain and maintain suitable employment; or (2) to
achieve maximum independence in daily living, shall be charged to this
account: Provided further, That the Veterans Benefits Administration
shall be funded at not less than $1,102,193,000: Provided further, That
of the funds made available under this heading, not to exceed
$66,000,000 shall be available for obligation until September 30, 2006:
Provided further, That from the funds made available under this
heading, the Veterans Benefits Administration may purchase up to two
passenger motor vehicles for use in operations of that Administration
in Manila, Philippines.
national cemetery administration
For necessary expenses of the National Cemetery Administration for
operations and maintenance, not otherwise provided for, including
uniforms or allowances therefor; cemeterial expenses as authorized by
law; purchase of one passenger motor vehicle for use in cemeterial
operations; and hire of passenger motor vehicles, $148,925,000:
Provided, That of the funds made available under this heading, not to
exceed $7,400,000 shall be available until September 30, 2006.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $64,711,000, to remain available until September 30, 2006.
construction, major projects
For constructing, altering, extending and improving any of the
facilities including parking projects under the jurisdiction or for the
use of the Department of Veterans Affairs, or for any of the purposes
set forth in sections 316, 2404, 2406, 8102, 8103, 8106, 8108, 8109,
8110, and 8122 of title 38, United States Code, including planning,
architectural and engineering services, maintenance or guarantee period
services costs associated with equipment guarantees provided under the
project, services of claims analysts, offsite utility and storm
drainage system construction costs, and site acquisition, where the
estimated cost of a project is more than the amount set forth in 38
U.S.C. 8104(a)(3)(A) or where funds for a project were made available
in a previous major project appropriation, $458,800,000, to remain
available until expended, of which $370,709,000 shall be for Capital
Asset Realignment for Enhanced Services (CARES) activities; and of
which $8,091,000 shall be to make reimbursements as provided in 41
U.S.C. 612 for claims paid for contract disputes: Provided, That except
for advance planning activities, including needs assessments which may
or may not lead to capital investments, and other capital asset
management related activities, such as portfolio development and
management activities, and investment strategy studies funded through
the advance planning fund and the planning and design activities funded
through the design fund and CARES funds, including needs assessments
which may or may not lead to capital investments, none of the funds
appropriated under this heading shall be used for any project which has
not been approved by the Congress in the budgetary process: Provided
further, That funds provided in this appropriation for fiscal year
2005, for each approved project (except those for CARES activities
referenced above) shall be obligated: (1) by the awarding of a
construction documents contract by September 30, 2005; and (2) by the
awarding of a construction contract by September 30, 2006: Provided
further, That the Secretary of Veterans Affairs shall promptly report
in writing to the Committees on Appropriations any approved major
construction project in which obligations are not incurred within the
time limitations established above.
construction, minor projects
For constructing, altering, extending, and improving any of the
facilities including parking projects under the jurisdiction or for the
use of the Department of Veterans Affairs, including planning and
assessments of needs which may lead to capital investments,
architectural and engineering services, maintenance or guarantee period
services costs associated with equipment guarantees provided under the
project, services of claims analysts, offsite utility and storm
drainage system construction costs, and site acquisition, or for any of
the purposes set forth in sections 316, 2404, 2406, 8102, 8103, 8106,
8108, 8109, 8110, 8122, and 8162 of title 38, United States Code, where
the estimated cost of a project is equal to or less than the amount set
forth in 38 U.S.C. 8104(a)(3)(A), $230,779,000, to remain available
until expended, along with unobligated balances of previous
``Construction, minor projects'' appropriations which are hereby made
available for any project where the estimated cost is equal to or less
than the amount set forth in 38 U.S.C. 8104(a)(3)(A), of which
$182,100,000 shall be for Capital Asset Realignment for Enhanced
Services (CARES) activities: Provided, That from amounts appropriated
under this heading, additional amounts may be used for CARES activities
upon notification of and approval by the Committees on Appropriations:
Provided further, That funds in this account shall be available for:
(1) repairs to any of the nonmedical facilities under the jurisdiction
or for the use of the department which are necessary because of loss or
damage caused by any natural disaster or catastrophe; and (2) temporary
measures necessary to prevent or to minimize further loss by such
causes.
grants for construction of state extended care facilities
For grants to assist States to acquire or construct State nursing
home and domiciliary facilities and to remodel, modify or alter
existing hospital, nursing home and domiciliary facilities in State
homes, for furnishing care to veterans as authorized by 38 U.S.C. 8131-
8137, $105,163,000, to remain available until expended.
grants for the construction of state veterans cemeteries
For grants to aid States in establishing, expanding, or improving
State veterans cemeteries as authorized by 38 U.S.C. 2408, $32,000,000,
to remain available until expended.
administrative provisions
(including rescission of funds)
Sec. 101. Any appropriation for fiscal year 2005 for ``Compensation
and pensions'', ``Readjustment benefits'', and ``Veterans insurance and
indemnities'' may be transferred to any other of the mentioned
appropriations.
Sec. 102. Appropriations available to the Department of Veterans
Affairs for fiscal year 2005 for salaries and expenses shall be
available for services authorized by 5 U.S.C. 3109 hire of passenger
motor vehicles; lease of a facility or land or both; and uniforms or
allowances therefore, as authorized by 5 U.S.C. 5901-5902.
Sec. 103. No appropriations in this Act for the Department of
Veterans Affairs (except the appropriations for ``Construction, major
projects'', ``Construction, minor projects'', and the ``Parking
revolving fund'') shall be available for the purchase of any site for
or toward the construction of any new hospital or home.
Sec. 104. No appropriations in this Act for the Department of
Veterans Affairs shall be available for hospitalization or examination
of any persons (except beneficiaries entitled under the laws bestowing
such benefits to veterans, and persons receiving such treatment under 5
U.S.C. 7901-7904 or 42 U.S.C. 5141-5204), unless reimbursement of cost
is made to the ``Medical services'' account at such rates as may be
fixed by the Secretary of Veterans Affairs.
Sec. 105. Appropriations available to the Department of Veterans
Affairs for fiscal year 2005 for ``Compensation and pensions'',
``Readjustment benefits'', and ``Veterans insurance and indemnities''
shall be available for payment of prior year accrued obligations
required to be recorded by law against the corresponding prior year
accounts within the last quarter of fiscal year 2004.
Sec. 106. Appropriations accounts available to the Department of
Veterans Affairs for fiscal year 2005 shall be available to pay prior
year obligations of corresponding prior year appropriations accounts
resulting from title X of the Competitive Equality Banking Act, Public
Law 100-86, except that if such obligations are from trust fund
accounts they shall be payable from ``Compensation and pensions''.
Sec. 107. Notwithstanding any other provision of law, during fiscal
year 2005, the Secretary of Veterans Affairs shall, from the National
Service Life Insurance Fund (38 U.S.C. 1920), the Veterans' Special
Life Insurance Fund (38 U.S.C. 1923), and the United States Government
Life Insurance Fund (38 U.S.C. 1955), reimburse the ``General operating
expenses'' account for the cost of administration of the insurance
programs financed through those accounts: Provided, That reimbursement
shall be made only from the surplus earnings accumulated in an
insurance program in fiscal year 2005 that are available for dividends
in that program after claims have been paid and actuarially determined
reserves have been set aside: Provided further, That if the cost of
administration of an insurance program exceeds the amount of surplus
earnings accumulated in that program, reimbursement shall be made only
to the extent of such surplus earnings: Provided further, That the
Secretary shall determine the cost of administration for fiscal year
2005 which is properly allocable to the provision of each insurance
program and to the provision of any total disability income insurance
included in such insurance program.
Sec. 108. Notwithstanding any other provision of law, the
Department of Veterans Affairs shall continue the Franchise Fund pilot
program authorized to be established by section 403 of Public Law 103-
356 until October 1, 2005: Provided, That the Franchise Fund,
established by title I of Public Law 104-204 to finance the operations
of the Franchise Fund pilot program, shall continue until October 1,
2005.
Sec. 109. Amounts deducted from enhanced-use lease proceeds to
reimburse an account for expenses incurred by that account during a
prior fiscal year for providing enhanced-use lease services, may be
obligated during the fiscal year in which the proceeds are received.
Sec. 110. Funds available in any Department of Veterans Affairs
appropriation for fiscal year 2005 or funds for salaries and other
administrative expenses shall also be available to reimburse the Office
of Resolution Management and the Office of Employment Discrimination
Complaint Adjudication for all services provided at rates which will
recover actual costs but not exceed $29,318,000 for the Office of
Resolution Management and $3,059,000 for the Office of Employment and
Discrimination Complaint Adjudication: Provided, That payments may be
made in advance for services to be furnished based on estimated costs:
Provided further, That amounts received shall be credited to ``General
operating expenses'' for use by the office that provided the service.
Sec. 111. No appropriations in this Act for the Department of
Veterans Affairs shall be available to enter into any new lease of real
property if the estimated annual rental is more than $300,000 unless
the Secretary submits a report which the Committees on Appropriations
of the Congress approve within 30 days following the date on which the
report is received.
Sec. 112. No appropriations in this Act for the Department of
Veterans Affairs shall be available for hospitalization or treatment of
any person by reason of eligibility under section 1710(a)(3) of title
38, United States Code, unless that person has disclosed to the
Secretary of Veterans Affairs, in such form as the Secretary may
require--
(1) current, accurate third-party reimbursement information
for purposes of section 1729 of such title; and
(2) annual income information for purposes of section 1722
of such title.
Sec. 113. None of the funds in this Act may be used to implement
sections 2 and 5 of Public Law 107-287.
Sec. 114. (a) Hereafter receipts that would otherwise be credited
to the accounts listed in subsection (c) shall be deposited into the
Medical Care Collections Fund, and shall be transferred to and merged
with the ``Medical services'' account in fiscal year 2005 and
subsequent years, to remain available until expended, to carry out the
purposes of the ``Medical services'' account.
(b) The unobligated balances in the accounts listed in subsection
(c), shall be transferred to and merged with the ``Medical services''
account in fiscal year 2005 and subsequent years and remain available
until expended, to carry out the purposes of the ``Medical services''
account: Provided, That the obligated balances in these accounts may be
transferred to the ``Medical services'' account at the discretion of
the Secretary of Veterans Affairs and shall remain available until
expended.
(c) Veterans Extended Care Revolving Fund; Medical Facilities
Revolving Fund; Special Therapeutic and Rehabilitation Fund; Nursing
Home Revolving Fund; Veterans Health Services Improvement Fund; and
Parking Revolving Fund.
Sec. 115. (a) The Secretary of Veterans Affairs shall conduct by
contract a program of recovery audits for the fee basis and other
medical services contracts with respect to payments for hospital care.
Notwithstanding section 3302(b) of title 31, United States Code,
amounts collected, by setoff or otherwise, as the result of such audits
shall be available, without fiscal year limitation, for the purposes
for which funds are appropriated under ``Medical services'' and the
purposes of paying a contractor a percent of the amount collected as a
result of an audit carried out by the contractor.
(b) All amounts so collected under subsection (a) with respect to a
designated health care region (as that term is defined in section
1729A(d)(2) of title 38, United States Code) shall be allocated, net of
payments to the contractor, to that region.
Sec. 116. Notwithstanding any other provision of law, at the
discretion of the Secretary of Veterans Affairs, proceeds or revenues
derived from enhanced-use leasing activities (including disposal) that
are deposited into the Medical Care Collections Fund may be transferred
and merged with ``Construction, major projects'' and ``Construction,
minor projects'' accounts and be used for construction (including site
acquisition and disposition), alterations and improvements of any
medical facility under the jurisdiction or for the use of the
Department of Veterans Affairs. Such sums as realized are in addition
to the amount provided for in ``Construction, major projects'' and
``Construction, minor projects''.
Sec. 117. Any appropriation for fiscal year 2005 for the Veterans
Benefits Administration made available under the heading for ``General
operating expenses'' may be transferred to the ``Housing Program
Account'' for the purpose of providing funds for the nationwide
property management contract if the administrative costs of such
contract exceed $8,800,000 in the budget year.
Sec. 118. Amounts made available under ``Medical services'' are
available--
(1) for furnishing recreational facilities, supplies, and
equipment; and
(2) for funeral expenses, burial expenses, and other
expenses incidental to funerals and burials for beneficiaries
receiving care in the department.
Sec. 119. That such sums as may be deposited to the Medical Care
Collections Fund pursuant to 38 U.S.C. 1729A may be transferred to
``Medical services'', to remain available until expended for the
purposes of this account.
Sec. 120. Amounts made available for fiscal year 2005 under the
``Medical services'', ``Medical administration'', and ``Medical
facilities'' accounts may be transferred between the accounts to the
extent necessary to implement the restructuring of the Veterans Health
Administration accounts after notice of the amount and purpose of the
transfer is provided to the Committees on Appropriations of the Senate
and House of Representatives and a period of 30 days has elapsed:
Provided, That the limitation on transfers is 20 percent in fiscal year
2005.
Sec. 121. The Department of Veterans Affairs is authorized to
expend such sums as are available in the unobligated balances of the
funds originally appropriated to Medical Care for emergency expenses
resulting from the January 1994 earthquake in Southern California in
Public Law 103-211, Emergency Supplemental Appropriations Act of 1994,
for the same purposes of the Medical Care account, to remain available
until expended.
Sec. 122. Such funds as may be transferred pursuant to Public Law
108-199 from ``Medical Services'' to ``Construction, major projects''
for purposes of implementing CARES, shall, upon transfer, remain
available until expended.
Sec. 123. Notwithstanding any other provision of law, the Secretary
of Veterans Affairs (Secretary) shall allow veterans eligible under
existing VA Medical Care requirements and who reside in Alaska to
obtain medical care services from medical facilities supported by the
Indian Health Services or tribal organizations. The Secretary shall (1)
limit the application of this provision to rural Alaskan veterans in
areas where an existing VA facility or VA-contracted service is
unavailable, (2) require participating veterans and facilities to
comply with all appropriate rules and regulations, as established by
the Secretary, (3) require this provision to be consistent with CARES,
and (4) result in no additional cost to the Department of Veterans
Affairs.
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, $20,707,804,000, and amounts that are
recaptured in this account, to remain available until expended:
Provided, That of the amounts made available under this heading,
$16,507,804,000 and the aforementioned recaptures shall be available on
October 1, 2004 and $4,200,000,000 shall be available on October 1,
2005: Provided further, That amounts made available under this heading
are provided as follows:
(1) $19,034,000,000 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, or as adjusted by such
additional information submitted by the public housing agency
to the Secretary as of October 1, 2004 (subject to
verification), and by applying an inflation factor that is not
more than the annual adjustment factor established by the
Secretary, except that such factor may be adjusted for high
utility costs, where tenant contributions substantially
decrease or where an owner demonstrates the rent for a
subsidized unit is less than the rent for a comparable
unsubsidized unit in the same census tract or larger area, as
may be appropriate, except as otherwise provided in this Act:
Provided further, That, notwithstanding any other provision of
law, all units shall be subject to a rent reasonableness test:
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) $100,000,000 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 an increase in the total number of unit months
under lease as compared to the number of unit months under
lease as of October 1, 2004, 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 may only make available amounts
as are necessary from amounts available from such central fund
to fund additional leased units under the preceding proviso
within thirty days of a request from such agency: Provided
further, That the Secretary may make available additional
amounts to public housing agencies as are necessary to meet
costs under the previous paragraph, as determined appropriate
by the Secretary: Provided further, That, except as provided
otherwise in this Act and under this heading, no public housing
agency may receive a total amount under paragraph (1) and (2)
that exceeds an amount equal to 102 percent of the amount
determined under paragraph (1) (including increased adjustments
for high utility costs, reduced tenant contributions and where
rents for subsidized units are less than rents for comparable
unsubsidized units): 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) $163,000,000 for section 8 rental assistance for
relocation and replacement of housing units that are demolished
or disposed of pursuant to the Omnibus Consolidated Rescissions
and Appropriations Act of 1996 (Public Law 104-134), conversion
of section 23 projects to assistance under section 8, the
family unification program under section 8(x) of the Act,
relocation of witnesses in connection with efforts to combat
crime in public and assisted housing pursuant to a request from
a law enforcement or prosecution agency, enhanced vouchers
under any provision of law authorizing such assistance under
section 8(t) of the Act (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) $1,256,000,000 for administrative and other expenses of
public housing agencies in administering the section 8 tenant-
based rental assistance program: Provided, That all such
administrative fee amounts provided under this paragraph shall
be only for activities related to the provision of rental
assistance under section 8, including related development
activities;
(6) $101,900,000 for contract administrators for section 8
project-based assistance; and
(7) not less than $4,904,000 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''.
The Secretary may transfer up to 15 percent of funds provided under
paragraphs (1), (2) or (3), herein to paragraphs (1), (2), or (3), if
the Secretary determines that such action is necessary because the
funding provided under one such paragraph otherwise would be depleted
and as a result, the maximum utilization of section 8 tenant-based
assistance with the funds appropriated for this purpose by this Act
would not be feasible: Provided, That prior to undertaking the transfer
of funds in excess of 10 percent from any paragraph pursuant to the
previous proviso, the Secretary shall notify the Chairman and Ranking
Member of the Subcommittees on Veterans Affairs and Housing and Urban
Development, and Independent Agencies of the Committees on
Appropriations of the House of Representatives and the Senate and shall
not transfer any such funds until 30 days after such notification:
Provided further, That 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, hereafter, the
Secretary shall require public housing agencies to submit accounting
data for funds disbursed under this heading in this Act and prior Acts
by source and purpose of such funds: Provided further, That
$2,588,172,000 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'' for fiscal year 2004 and prior years, to be effected by the
Secretary no later than June 30, 2005: Provided further, That the
Comptroller General of the United States shall audit all funds
available for rescission under the previous proviso and certify the
amount of funds available for rescission: Provided further, That to the
extent that there are insufficient funds to meet the rescission
requirements under the previous proviso, the remaining amount to be
rescinded shall be rescinded proportionately from each discretionary
account and item of budget authority included for fiscal year 2005
within this Act and from the amount of budget authority provided for
the advance appropriation under the heading ``Housing certificate
fund'' contained in the Departments of Veterans Affairs and Housing and
Urban Development, and Independent Agencies Appropriations Act, 2004:
Provided further, That no funds shall be rescinded from the amount of
budget authority provided under the heading ``Medical services''
contained in title I of this Act: 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'') $2,700,000,000, to remain available
until September 30, 2008: Provided, That notwithstanding any other
provision of law or regulation, during fiscal year 2005, the Secretary
may not delegate to any Department official other than the Deputy
Secretary and the Assistant Secretary for Public and Indian Housing any
authority under paragraph (2) of section 9(j) regarding the extension
of the time periods under such section: Provided further, That for
purposes of such section 9(j), the term ``obligate'' means, with
respect to amounts, that the amounts are subject to a binding agreement
that will result in outlays, immediately or in the future: Provided
further, That of the total amount provided under this heading, up to
$50,000,000 shall be for carrying out activities under section 9(h) of
such Act, of which up to $15,000,000 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, such funds as necessary shall be for lease adjustments to
section 23 projects, and no less than $4,500,000 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 $50,000,000
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 2005:
Provided further, That of the total amount provided under this heading,
up to $55,000,000 shall be for supportive services, service
coordinators and congregate services as authorized by section 34 of the
Act and the Native American Housing Assistance and Self-Determination
Act of 1996: Provided further, That of the total amount provided under
this heading, $15,000,000 shall be for Neighborhood Networks grants for
activities authorized in section 9(d)(1)(E) of the United States
Housing Act of 1937, as amended: Provided further, That notwithstanding
any other provision of law, amounts made available in the previous
proviso shall be awarded to public housing agencies on a competitive
basis: Provided further, That up to $30,000,000 shall be available for
demolition, relocation, and site remediation for obsolete and
distressed public housing units.
public housing operating fund
For 2005 payments to public housing agencies for the operation and
management of public housing, as authorized by section 9(e) of the
United States Housing Act of 1937, as amended (42 U.S.C. 1437g(e)),
$2,610,000,000, of which $15,000,000 in bonus funds shall be provided
to public housing agencies that assist program participants in moving
away from dependency on housing assistance programs: Provided, That,
for fiscal year 2005 and all fiscal years thereafter, the Secretary
shall provide assistance under this heading on a calendar year basis to
all public housing agencies: Provided further, That, for fiscal year
2005, no public housing agency shall receive assistance under this
heading in excess of the amount of assistance that is determined
available to pay for the costs of operating and managing its public
housing through December 31, 2005: Provided further, That of the total
amount provided under this heading, up to $30,000,000 shall be
available for public housing agencies for the costs of transitioning to
the budgeting of operating costs on a calendar year basis, including
the costs associated with implementing appropriate information
technology systems: Provided further, That, in fiscal year 2005 and all
fiscal years hereafter, no amounts under this heading in any
appropriations Act may be used for payments to public housing agencies
for the costs of operation and management of public housing for any
year prior to the current year of such Act: Provided further, That no
funds may be used under this heading for the purposes specified in
section 9(k) of the United States Housing Act of 1937, as amended.
revitalization of severely distressed public housing (hope vi)
For grants to public housing agencies for demolition, site
revitalization, replacement housing, and tenant-based assistance grants
to projects as authorized by section 24 of the United States Housing
Act of 1937, as amended, $150,000,000, to remain available until
September 30, 2005, of which the Secretary may use up to $4,000,000 for
technical assistance and contract expertise, to be provided directly or
indirectly by grants, contracts or cooperative agreements, including
training and cost of necessary travel for participants in such
training, by or to officials and employees of the department and of
public housing agencies and to residents: Provided, That none of such
funds shall be used directly or indirectly by granting competitive
advantage in awards to settle litigation or pay judgments, unless
expressly permitted herein.
drug elimination grants for low-income housing
Of the unobligated balances remaining from funds appropriated in
fiscal year 2001 and prior years under the heading ``Drug elimination
grants and low-income housing,'' $5,000,000 is hereby cancelled.
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.),
$650,241,000, to remain available until expended, of which $2,200,000
shall be contracted through the Secretary as technical assistance and
capacity building to be used by the National American Indian Housing
Council in support of the implementation of NAHASDA; of which
$4,500,000 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 $500,000 shall be transferred to the Working Capital Fund
for development of and modifications to information technology systems
which serve programs or activities under ``Public and Indian housing'':
Provided, That of the amount provided under this heading, $2,000,000
shall be made available for the cost of guaranteed notes and other
obligations, as authorized by title VI of NAHASDA: Provided further,
That such costs, including the costs of modifying such notes and other
obligations, shall be as defined in section 502 of the Congressional
Budget Act of 1974, as amended: Provided further, That these funds are
available to subsidize the total principal amount of any notes and
other obligations, any part of which is to be guaranteed, not to exceed
$17,926,357: 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: Provided further, That of the
unobligated balances remaining from funds appropriated in fiscal year
2004 and prior years under the heading, ``Native American Housing Block
Grant'' for activities related to title VI of NAHASDA, $21,000,000 is
hereby cancelled.
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), $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 $29,069,767.
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.
Of the unobligated balances remaining from funds appropriated in
fiscal year 2004 and prior years under the heading, ``Indian Housing
Loan Guarantee Fund Program Account,'' for activities related to the
cost of guaranteed loans, $33,000,000 are hereby cancelled.
native hawaiian housing loan guarantee fund program account
(including transfer of funds)
For the cost of guaranteed loans, as authorized by section 184A of
the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-
13b), $1,000,000, to remain available until expended: Provided, That
such costs, including the costs of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974, as
amended: Provided further, That these funds are available to subsidize
total loan principal, any part of which is to be guaranteed, not to
exceed $37,403,101.
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.), $294,800,000, to remain available until September 30,
2006: Provided, That the Secretary shall renew all expiring contracts
for permanent supportive housing that were funded under section
854(c)(3) of such Act that meet all program requirements before
awarding funds for new contracts and activities authorized under this
section: Provided further, That the Secretary may use up to $2,500,000
of the funds under this heading for training, oversight, and technical
assistance activities.
rural housing and economic development
For the Office of Rural Housing and Economic Development in the
Department of Housing and Urban Development, $25,000,000 to remain
available until expended, which amount shall be competitively awarded
by June 1, 2005, to Indian tribes, State housing finance agencies,
State community and/or economic development agencies, local rural
nonprofits and community development corporations to support innovative
housing and economic development activities in rural areas.
community development fund
(including transfers of funds)
For assistance to units of State and local government, and to other
entities, for economic and community development activities, and for
other purposes, $4,950,000,000, to remain available until September 30,
2007 unless otherwise specified: Provided, That of the amount provided,
$4,547,700,000 is for carrying out the community development block
grant program under title I of the Housing and Community Development
Act of 1974, as amended (the ``Act'' herein) (42 U.S.C. 5301 et seq.):
Provided further, That 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; $2,500,000 shall be for a
grant to the National American Indian Housing Council; $51,000,000
shall be for grants pursuant to section 107 of the Act, of which
$10,000,000 shall be for the Native Hawaiian block grant authorized
under title VIII of the Native American Housing Assistance and Self-
Determination Act of 1996, to remain available until expended, of which
$500,000 shall for training and technical assistance; no less than
$500,000 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''; $25,000,000 shall be for grants pursuant to the Self
Help Homeownership Opportunity Program; $35,000,000 shall be for
capacity building, of which $31,500,000 shall be for Capacity Building
for Community Development and Affordable Housing for LISC and the
Enterprise Foundation for activities as authorized by section 4 of the
HUD Demonstration Act of 1993 (42 U.S.C. 9816 note), as in effect
immediately before June 12, 1997, with not less than $5,000,000 of the
funding to be used in rural areas, including tribal areas, and of which
$3,500,000 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
$7,000,000 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, $22,000,000 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, $126,000,000 shall
be available for grants for the Economic Development Initiative (EDI)
to finance a variety of targeted economic investments in accordance
with the terms and conditions specified in the report accompanying this
Act: 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
title II of Division G of the Consolidated Appropriations Resolution,
2004 (Public Law 108-199; H. Rept. 108-401) is deemed to be amended
with respect to item 24 by striking ``Tuscaloosa County Commission for
Community Development in Tuscaloosa County, Alabama;'' and insert in
lieu thereof ``City of Tuscaloosa for community development in
Tuscaloosa, Alabama;''.
The referenced statement of the managers under this heading in
title II of Division G of the Consolidated Appropriations Resolution,
2004 (Public Law 108-199; H. Rept. 108-401) is deemed to be amended
with respect to item 796 by striking ``Community Center'' and insert in
lieu thereof ``Convention Center''.
The referenced statement of the managers under this heading in
title II of Public Law 107-73; H. Rept. 107-272 is deemed to be amended
by striking ``Southern New Mexico Fair and Rodeo in Dona Ana County for
infrastructure improvements and to build a multipurpose event center;''
and insert in lieu thereof ``Dona Ana County, New Mexico, for the
Southern New Mexico State Fair to make infrastructure improvements and
to build a multi-purpose event center;''.
The referenced statement of the managers under this heading in
title II of Division G of the Consolidated Appropriations Resolution,
2004 (Public Law 108-199; H. Rept. 108-401) is deemed to be amended
with respect to item 218 by striking ``construction'' and insert in
lieu thereof ``planning and design''.
The referenced statement of the managers under this heading in
title II of Public Law 106-377; H. Rept. 106-988 is deemed to be
amended by striking ``for the purchase of'' and inserting in lieu
thereof ``for landscaping improvements'' in respect to the grant to the
Town of Beacon Falls, Connecticut.
The statement of managers accompanying Public Law 106-74, as
amended by chapter 8 of title II of the Emergency Supplemental Act,
2000 (Public Law 106-246), is further amended by inserting ``, to
remain available to be expended until September 30, 2007,'' after
``$25,000,000''.
The referenced statement of managers under the heading in title II
of Division G of the Consolidated Appropriations Resolution, 2004
(Public Law 108-199; H. Rpt. 108-401) is deemed to be amended with
respect to numbers 418 and 423 by striking out both specified grants
and inserting in lieu thereof ``418. $900,000 to Northland
Neighborhoods, Inc. in Clay County, Missouri for the expansion of the
current Home Repair Program to provide home repairs to low- to
moderate-income neighborhoods;''.
community development loan guarantees program account
(including transfer of funds)
For the cost of guaranteed loans, $6,325,000, to remain available
until September 30, 2005, as authorized by section 108 of the Housing
and Community Development Act of 1974, as amended: Provided, That such
costs, including the cost of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974, as amended:
Provided further, That these funds are available to subsidize total
loan principal, any part of which is to be guaranteed, not to exceed
$275,000,000, notwithstanding any aggregate limitation on outstanding
obligations guaranteed in section 108(k) of the Housing and Community
Development Act of 1974, as amended.
In addition, for administrative expenses to carry out the
guaranteed loan program, $1,000,000 which shall be transferred to and
merged with the appropriation for ``Salaries and expenses''.
brownfields redevelopment
For 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, 2007.
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, $2,000,000,000, to remain available until September 30, 2007:
Provided, That of the total amount provided in this paragraph, up to
$45,000,000 shall be available for housing counseling under section 106
of the Housing and Urban Development Act of 1968 and no less than
$200,000 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,
$50,000,000, to remain available until September 30, 2007, for
assistance to homebuyers as authorized under title I of the American
Dream Downpayment Act.
homeless assistance grants
(including transfer of funds)
For the emergency shelter grants program as authorized under
subtitle B of title IV of the McKinney-Vento Homeless Assistance Act,
as amended; the supportive housing program as authorized under subtitle
C of title IV of such Act; the section 8 moderate rehabilitation single
room occupancy program as authorized under the United States Housing
Act of 1937, as amended, to assist homeless individuals pursuant to
section 441 of the McKinney-Vento Homeless Assistance Act; and the
shelter plus care program as authorized under subtitle F of title IV of
such Act, $1,260,000,000, of which $1,240,000,000 shall remain
available until September 30, 2007, and of which $20,000,000 shall
remain available until expended: Provided, That not less than 30
percent of funds made available, excluding amounts provided for
renewals under the shelter plus care program, shall be used for
permanent housing: Provided further, That all funds awarded for
services shall be matched by 25 percent in funding by each grantee:
Provided further, That the Secretary shall renew on an annual basis
expiring contracts or amendments to contracts funded under the shelter
plus care program if the program is determined to be needed under the
applicable continuum of care and meets appropriate program requirements
and financial standards, as determined by the Secretary: Provided
further, That all awards of assistance under this heading shall be
required to coordinate and integrate homeless programs with other
mainstream health, social services, and employment programs for which
homeless populations may be eligible, including Medicaid, State
Children's Health Insurance Program, Temporary Assistance for Needy
Families, Food Stamps, and services funding through the Mental Health
and Substance Abuse Block Grant, Workforce Investment Act, and the
Welfare-to-Work grant program: Provided further, That $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 $500,000 of the funds appropriated
under this heading shall be transferred to the Working Capital Fund for
the development of and modifications to information technology systems
which serve programs or activities under ``Community planning and
development'': Provided further, That all balances for Shelter Plus
Care renewals previously funded from the Shelter Plus Care Renewal
account shall be transferred to this account, to be available for
Shelter Plus Care renewals in fiscal year 2005.
Housing Programs
housing for the elderly
(including transfer of funds)
For capital advances, including amendments to capital advance
contracts, for housing for the elderly, as authorized by section 202 of
the Housing Act of 1959, as amended, and for project rental assistance
for the elderly under section 202(c)(2) of such Act, including
amendments to contracts for such assistance and renewal of expiring
contracts for such assistance for up to a 1-year term, and for
supportive services associated with the housing, $773,800,000, plus
recaptures and cancelled commitments, to remain available until
September 30, 2008, of which amount $53,000,000 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
$30,000,000 shall be for grants under section 202b of the Housing Act
of 1959 (12 U.S.C. 1701q-2) for conversion of eligible projects under
such section to assisted living or related use, for substantial
rehabilitation, and for emergency capital repairs as determined by the
Secretary: Provided, That of the amount made available under this
heading, $20,000,000 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 $75,000 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.
housing for persons with disabilities
(including transfer of funds)
For capital advance contracts, including amendments to capital
advance contracts, for supportive housing for persons with
disabilities, as authorized by section 811 of the Cranston-Gonzalez
National Affordable Housing Act, for project rental assistance for
supportive housing for persons with disabilities under section
811(d)(2) of such Act, including amendments to contracts for such
assistance and renewal of expiring contracts for such assistance for up
to 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, $250,000,000, plus
recaptures and cancelled commitments to remain available until
September 30, 2008: Provided, That no less than $75,000 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 all tenant-based assistance made
available under this heading shall continue to remain available only to
persons with disabilities: 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, 2004, 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), and for tenant-based
rental assistance contracts entered into pursuant to section 811, shall
be transferred to the appropriation 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, 2004, and any collections
made during fiscal year 2005 and all subsequent fiscal years, 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)
Of the amounts made available under the heading, ``Rent
Supplement,'' in Public Law 98-63 for amendments to contracts under
section 101 of the Housing and Urban Development Act of 1965 (12 U.S.C.
1701s) and section 236(f)(2) of the National Housing Act (12 U.S.C.
1715 z-l) in State-aided, non-insured rental housing projects,
$675,000,000 is cancelled.
payment to manufactured housing fees trust fund
For necessary expenses as authorized by the National Manufactured
Housing Construction and Safety Standards Act of 1974, as amended (42
U.S.C. 5401 et seq.), up to $13,000,000 to remain available until
expended, to be derived from the Manufactured Housing Fees Trust Fund:
Provided, That not to exceed the total amount appropriated under this
heading shall be available from the general fund of the Treasury to the
extent necessary to incur obligations and make expenditures pending the
receipt of collections to the Fund pursuant to section 620 of such Act:
Provided further, That the amount made available under this heading
from the general fund shall be reduced as such collections are received
during fiscal year 2005 so as to result in a final fiscal year 2005
appropriation from the general fund estimated at not more than $0 and
fees pursuant to such section 620 shall be modified as necessary to
ensure such a final fiscal year 2005 appropriation.
Federal Housing Administration
mutual mortgage insurance program account
(including transfers of funds)
During fiscal year 2005, loan guarantees to carry out the purposes
of section 203(b) of the National Housing Act, as amended, shall not
exceed a loan principal of $185,000,000,000.
During fiscal year 2005, obligations to make direct loans to carry
out the purposes of section 204(g) of the National Housing Act, as
amended, shall not exceed $50,000,000: Provided, That the foregoing
amount shall be for loans to nonprofit and governmental entities in
connection with sales of single family real properties owned by the
Secretary and formerly insured under the Mutual Mortgage Insurance
Fund.
For administrative expenses necessary to carry out the guaranteed
and direct loan program, $366,000,000, of which not to exceed
$362,000,000 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, $70,900,000, of which no less than
$7,002,000 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 loan
guarantees exceed $65,500,000,000 on or before April 1, 2005, an
additional $1,400 for administrative contract expenses shall be
available for each $1,000,000 in additional loan guarantees (including
a pro rata amount for any amount below $1,000,000), but in no case
shall funds made available by this proviso exceed $30,000,000.
general and special risk program account
(including transfers of funds)
For the cost of guaranteed loans, as authorized by sections 238 and
519 of the National Housing Act (12 U.S.C. 1715z-3 and 1735c),
including the cost of loan guarantee modifications, as that term is
defined in section 502 of the Congressional Budget Act of 1974, as
amended, $10,000,000, to remain available until expended: Provided,
That these funds are available to subsidize total loan principal, any
part of which is to be guaranteed, of up to $35,000,000,000: Provided,
That of the amounts of such credit subsidy appropriated under this
heading in prior years, $30,000,000 is rescinded.
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, $234,000,000, of which
$214,000,000 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, $81,600,000, of
which no less than $5,200,000 shall be transferred to the Working
Capital Fund for the development of and modifications to information
technology systems which serve programs or activities under ``Housing
programs'' or ``Federal Housing Administration'': Provided, That to the
extent guaranteed loan commitments exceed $8,426,000,000 on or before
April 1, 2005, an additional $1,980 for administrative contract
expenses shall be available for each $1,000,000 in additional
guaranteed loan commitments over $8,426,000,000 (including a pro rata
amount for any increment below $1,000,000), but in no case shall funds
made available by this proviso exceed $14,400,000.
Government National Mortgage Association
guarantees of mortgage-backed securities loan guarantee program account
(including transfer of funds)
New commitments to issue guarantees to carry out the purposes of
section 306 of the National Housing Act, as amended (12 U.S.C.
1721(g)), shall not exceed $200,000,000,000, to remain available until
September 30, 2006.
For administrative expenses necessary to carry out the guaranteed
mortgage-backed securities program, $10,986,000, to be derived from the
GNMA guarantees of mortgage-backed securities guaranteed loan receipt
account, of which not to exceed $10,986,000, 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, $46,700,000, to remain
available until September 30, 2006: 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,
$47,700,000, to remain available until September 30, 2006, of which
$20,650,000 shall be to carry out activities pursuant to such section
561: Provided, That no funds made available under this heading shall be
used to lobby the executive or legislative branches of the Federal
Government in connection with a specific contract, grant or loan.
Office of Lead Hazard Control
lead hazard reduction
For the Lead Hazard Reduction Program, as authorized by section
1011 of the Residential Lead-Based Paint Hazard Reduction Act of 1992,
$175,000,000, to remain available until September 30, 2006, 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: Provided,
That of the total amount made available under this heading, $50,000,000
shall be made available on a competitive basis for areas with the
highest lead paint abatement needs, as identified by the Secretary as
having: (1) the highest number of occupied pre-1940 units of rental
housing; and (2) a disproportionately high number of documented cases
of lead-poisoned children: Provided further, That each grantee
receiving funds under the previous proviso shall target those privately
owned units and multifamily buildings that are occupied by low-income
families as defined under section 3(b)(2) of the United States Housing
Act of 1937: Provided further, That not less than 90 percent of the
funds made available under this paragraph shall be used exclusively for
abatement, inspections, risk assessments, temporary relocations and
interim control of lead-based hazards as defined by 42 U.S.C. 4851:
Provided further, That each recipient of funds provided under the first
proviso shall make a matching contribution in an amount not less than
25 percent: Provided further, That each applicant shall submit a
detailed plan and strategy that demonstrates adequate capacity that is
acceptable to the Secretary to carry out the proposed use of funds
pursuant to a Notice of Funding Availability.
Management and Administration
salaries and expenses
(including transfer of funds)
For necessary administrative and non-administrative expenses of the
Department of Housing and Urban Development, not otherwise provided
for, including purchase of uniforms, or allowances therefor, as
authorized by 5 U.S.C. 5901-5902; hire of passenger motor vehicles;
services as authorized by 5 U.S.C. 3109; and not to exceed $25,000 for
official reception and representation expenses, $1,179,000,000, of
which $576,000,000 shall be provided from the various funds of the
Federal Housing Administration, $10,986,000 shall be provided from
funds of the Government National Mortgage Association, $1,000,000 shall
be provided by transfer from Community Development Loan Guarantees
Program Account, $150,000 shall be provided by transfer from the
``Native American housing block grants'' account, $250,000 shall be
provided by transfer from the ``Indian housing loan guarantee fund
program'' account and $35,000 shall be transferred from the ``Native
Hawaiian housing loan guarantee fund'' account: Provided, That 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.
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, $234,000,000, to remain available until September 30, 2006:
Provided, That any amounts transferred to this Fund under this Act
shall remain available until expended: Provided further, That any
amounts transferred to this Fund from amounts appropriated by
previously enacted appropriations Acts may be used only for the
purposes specified under this Fund, notwithstanding the purposes for
which such amounts were appropriated.
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,
$107,500,000, 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.
Office of Federal Housing Enterprise Oversight
salaries and expenses
(including transfer of funds)
For carrying out the Federal Housing Enterprises Financial Safety
and Soundness Act of 1992, including not to exceed $500 for official
reception and representation expenses, $59,209,000, to remain available
until expended, to be derived from the Federal Housing Enterprises
Oversight Fund: Provided, That of the amount made available under this
heading, $5,000,000 is for litigation and to continue ongoing special
investigations of the federal housing enterprises: Provided further,
That the Director shall submit a spending plan for the amounts provided
under this heading no later than January 15, 2005: Provided further,
That not less than 80 percent of total amount made available under this
heading shall be used only for examination, supervision, and capital
oversight of the enterprises (as such term is defined in section 1303
of the Federal Housing Enterprises Financial Safety and Soundness Act
of 1992 (12 U.S.C. 4502)) to ensure that the enterprises are operating
in a financially safe and sound manner and complying with the capital
requirements under Subtitle B of such Act: Provided further, That
$10,000,000 of the amounts made available under this heading shall be
made available only upon the Senate confirmation of a new Director:
Provided further, That not to exceed the amount provided herein shall
be available from the general fund of the Treasury to the extent
necessary to incur obligations and make expenditures pending the
receipt of collections to the Fund: Provided further, That the general
fund amount shall be reduced as collections are received during the
fiscal year so as to result in a final appropriation from the general
fund estimated at not more than $0.
Administrative Provisions
Sec. 201. Fifty percent of the amounts of budget authority, or in
lieu thereof 50 percent of the cash amounts associated with such budget
authority, that are recaptured from projects described in section
1012(a) of the Stewart B. McKinney Homeless Assistance Amendments Act
of 1988 (42 U.S.C. 1437 note) shall be rescinded, or in the case of
cash, shall be remitted to the Treasury, and such amounts of budget
authority or cash recaptured and not rescinded or remitted to the
Treasury shall be used by State housing finance agencies or local
governments or local housing agencies with projects approved by the
Secretary of Housing and Urban Development for which settlement
occurred after January 1, 1992, in accordance with such section.
Notwithstanding the previous sentence, the Secretary may award up to 15
percent of the budget authority or cash recaptured and not rescinded or
remitted to the Treasury to provide project owners with incentives to
refinance their project at a lower interest rate.
Sec. 202. None of the amounts made available under this Act may be
used during fiscal year 2005 to investigate or prosecute under the Fair
Housing Act any otherwise lawful activity engaged in by one or more
persons, including the filing or maintaining of a non-frivolous legal
action, that is engaged in solely for the purpose of achieving or
preventing action by a Government official or entity, or a court of
competent jurisdiction.
Sec. 203. (a) Notwithstanding section 854(c)(1)(A) of the AIDS
Housing Opportunity Act (42 U.S.C. 12903(c)(1)(A)), from any amounts
made available under this title for fiscal year 2005 that are allocated
under such section, the Secretary of Housing and Urban Development
shall allocate and make a grant, in the amount determined under
subsection (b), for any State that--
(1) received an allocation in a prior fiscal year under
clause (ii) of such section; and
(2) is not otherwise eligible for an allocation for fiscal
year 2005 under such clause (ii) because the areas in the State
outside of the metropolitan statistical areas that qualify
under clause (i) in fiscal year 2005 do not have the number of
cases of acquired immunodeficiency syndrome (AIDS) required
under such clause.
(b) The amount of the allocation and grant for any State described
in subsection (a) shall be an amount based on the cumulative number of
AIDS cases in the areas of that State that are outside of metropolitan
statistical areas that qualify under clause (i) of such section
854(c)(1)(A) in fiscal year 2005, in proportion to AIDS cases among
cities and States that qualify under clauses (i) and (ii) of such
section and States deemed eligible under subsection (a).
(c) Notwithstanding any other provision of law, the amount
allocated for fiscal year 2005 under section 854(c) of the AIDS Housing
Opportunity Act (42 U.S.C. 12903(c)), to the City of New York, New
York, on behalf of the New York-Wayne-White Plains, New York-New Jersey
Metropolitan Division (hereafter ``metropolitan division'') of the New
York-Newark-Edison, NY-NJ-PA Metropolitan Statistical Area, shall be
adjusted by the Secretary of Housing and Urban Development by: (a)
allocating to the City of Jersey City, New Jersey, the proportion of
the metropolitan area's or division's amount that is based on the
number of cases of AIDS reported in the portion of the metropolitan
area or division that is located in Hudson County, New Jersey; and (b)
allocating to the City of Paterson, New Jersey, the proportion of the
metropolitan area's or division's amount that is based on the number of
cases of AIDS reported in the portion of the metropolitan area or
division that is located in Bergen County and Passaic County, New
Jersey. The recipient cities shall use amounts allocated under this
subsection to carry out eligible activities under section 855 of the
AIDS Housing Opportunity Act (42 U.S.C. 12904) in their respective
portions of the metropolitan division that is located in New Jersey.
Sec. 204. (a) During fiscal year 2005, in the provision of rental
assistance under section 8(o) of the United States Housing Act of 1937
(42 U.S.C. 1437f(o)) in connection with a program to demonstrate the
economy and effectiveness of providing such assistance for use in
assisted living facilities that is carried out in the counties of the
State of Michigan specified in subsection (b) of this section,
notwithstanding paragraphs (3) and (18)(B)(iii) of such section 8(o), a
family residing in an assisted living facility in any such county, on
behalf of which a public housing agency provides assistance pursuant to
section 8(o)(18) of such Act, may be required, at the time the family
initially receives such assistance, to pay rent in an amount exceeding
40 percent of the monthly adjusted income of the family by such a
percentage or amount as the Secretary of Housing and Urban Development
determines to be appropriate.
(b) The counties specified in this subsection are Oakland County,
Macomb County, Wayne County, and Washtenaw County, in the State of
Michigan.
Sec. 205. Except as explicitly provided in law, any grant or other
assistance made pursuant to title II of this Act shall be made on a
competitive basis and in accordance with section 102 of the Department
of Housing and Urban Development Reform Act of 1989.
Sec. 206. Funds of the Department of Housing and Urban Development
subject to the Government Corporation Control Act or section 402 of the
Housing Act of 1950 shall be available, without regard to the
limitations on administrative expenses, for legal services on a
contract or fee basis, and for utilizing and making payment for
services and facilities of the Federal National Mortgage Association,
Government National Mortgage Association, Federal Home Loan Mortgage
Corporation, Federal Financing Bank, Federal Reserve banks or any
member thereof, Federal Home Loan banks, and any insured bank within
the meaning of the Federal Deposit Insurance Corporation Act, as
amended (12 U.S.C. 1811-1831).
Sec. 207. Unless otherwise provided for in this Act or through a
reprogramming of funds, no part of any appropriation for the Department
of Housing and Urban Development shall be available for any program,
project or activity in excess of amounts set forth in the budget
estimates submitted to Congress.
Sec. 208. Corporations and agencies of the Department of Housing
and Urban Development which are subject to the Government Corporation
Control Act, as amended, are hereby authorized to make such
expenditures, within the limits of funds and borrowing authority
available to each such corporation or agency and in accordance with
law, and to make such contracts and commitments without regard to
fiscal year limitations as provided by section 104 of such Act as may
be necessary in carrying out the programs set forth in the budget for
2005 for such corporation or agency except as hereinafter provided:
Provided, That collections of these corporations and agencies may be
used for new loan or mortgage purchase commitments only to the extent
expressly provided for in this Act (unless such loans are in support of
other forms of assistance provided for in this or prior appropriations
Acts), except that this proviso shall not apply to the mortgage
insurance or guaranty operations of these corporations, or where loans
or mortgage purchases are necessary to protect the financial interest
of the United States Government.
Sec. 209. None of the funds provided in this title for technical
assistance, training, or management improvements may be obligated or
expended unless HUD provides to the Committees on Appropriations a
description of each proposed activity and a detailed budget estimate of
the costs associated with each program, project or activity as part of
the Budget Justifications. For fiscal year 2005, HUD shall transmit
this information to the Committees by March 15, 2005 for 30 days of
review.
Sec. 210. A public housing agency or such other entity that
administers Federal housing assistance in the states of Alaska, Iowa,
and Mississippi shall not be required to include a resident of public
housing or a recipient of assistance provided under section 8 of the
United States Housing Act of 1937 on the board of directors or a
similar governing board of such agency or entity as required under
section (2)(b) of such Act. Each public housing agency or other entity
that administers Federal housing assistance under section 8 in the
states of Alaska, Iowa and Mississippi shall establish an advisory
board of not less than 6 residents of public housing or recipients of
section 8 assistance to provide advice and comment to the public
housing agency or other administering entity on issues related to
public housing and section 8. Such advisory board shall meet not less
than quarterly.
Sec. 211. The Secretary of Housing and Urban Development shall
provide quarterly reports to the House and Senate Committees on
Appropriations regarding all uncommitted, unobligated, recaptured and
excess funds in each program and activity within the jurisdiction of
the Department and shall submit additional, updated budget information
to these Committees upon request.
Sec. 212. Notwithstanding any other provision of law, in fiscal
year 2005, in managing and disposing of any multifamily property that
is owned or held by the Secretary, the Secretary of Housing and Urban
Development shall maintain any rental assistance payments under section
8 of the United States Housing Act of 1937 that are attached to any
dwelling units in the property. To the extent the Secretary determines
that such a multifamily property owned or held by the Secretary is not
feasible for continued rental assistance payments under such section 8,
the Secretary may, in consultation with the tenants of that property,
contract for project-based rental assistance payments with an owner or
owners of other existing housing properties or provide other rental
assistance.
Sec. 213. The Secretary of Housing and Urban Development shall
submit an annual report no later than August 30, 2005 and annually
thereafter to the House and Senate Committees on Appropriations
regarding the number of Federally assisted units under lease and the
per unit cost of these units to the Department of Housing and Urban
Development.
Sec. 214. (a) Notwithstanding any other provision of law, the
amount allocated for fiscal year 2005 under section 854(c) of the AIDS
Housing Opportunity Act (42 U.S.C. 12903(c)), to the City of
Wilmington, Delaware, on behalf of the Wilmington, Delaware-Maryland-
New Jersey Metropolitan Division (hereafter ``metropolitan division''),
shall be adjusted by the Secretary of Housing and Urban Development by
allocating to the State of New Jersey the proportion of the
metropolitan division's amount that is based on the number of cases of
AIDS reported in the portion of the metropolitan division that is
located in New Jersey. The State of New Jersey shall use amounts
allocated to the State under this subsection to carry out eligible
activities under section 855 of the AIDS Housing Opportunity Act (42
U.S.C. 12904) in the portion of the metropolitan division that is
located in New Jersey.
(b) Notwithstanding any other provision of law, the Secretary of
Housing and Urban Development shall allocate to Wake County, North
Carolina, the amounts that otherwise would be allocated for fiscal year
2005 under section 854(c) of the AIDS Housing Opportunity Act (42
U.S.C. 12903(c)) to the City of Raleigh, North Carolina, on behalf of
the Raleigh-Cary, North Carolina Metropolitan Statistical Area. Any
amounts allocated to Wake County shall be used to carry out eligible
activities under section 855 of such Act (42 U.S.C. 12904) within such
metropolitan statistical area.
(c) Notwithstanding section 854(c) of the AIDS Housing Opportunity
Act (42 U.S.C. 12903(c)), the Secretary of Housing and Urban
Development may adjust the allocation of the amounts that otherwise
would be allocated for fiscal year 2005 under section 854(c) of such
Act, upon the written request of an applicant, in conjunction with the
State(s), for a formula allocation on behalf of a metropolitan
statistical area, to designate the State or States in which the
metropolitan statistical area is located as the eligible grantee(s) of
the allocation. In the case that a metropolitan statistical area
involves more than one State, such amounts allocated to each State
shall be in proportion to the number of cases of AIDS reported in the
portion of the metropolitan statistical area located in that State. Any
amounts allocated to a State under this section shall be used to carry
out eligible activities within the portion of the metropolitan
statistical area located in that State.
Sec. 215. Section 223(f)(1) of the National Housing Act (12 U.S.C.
1715n(f)(1)) is amended by inserting ``purchase or'' immediately before
``refinancing of existing debt''.
Sec. 216. Section 683(2) of the Housing and Community Development
Act of 1992 is amended--
(1) in subparagraph (F), by striking ``and'';
(2) in subparagraph (G), by striking ``section.'' and
inserting ``section; and''; and
(3) by adding the following new subparagraph at the end:
``(H) housing that is assisted under section 811 of
the Cranston-Gonzalez National Affordable Housing
Act.''.
Sec. 217. (a) Section 536(b)(1) of the National Housing Act (12
U.S.C. 1735f-14(b)(1)) is amended by adding the following new
subparagraph at the end:
``(J) Failure to perform a required physical
inspection of the mortgaged property.''.
(b) Section 537(c)(1)(B)(ii) of such Act (12 U.S.C. 1735f-
15(c)(1)(B)(ii)) is amended by inserting after ``rents,'' the
following: ``other revenues, or contract rights,''.
(c) Section 537(c)(1)(B)(x) of such Act (12 U.S.C. 1735f-
15(c)(1)(B)(x)) is amended to read as follows:
``(x) Failure to furnish the Secretary, by
the expiration of the 90-day period beginning
on the first day after the completion of each
fiscal year (unless the Secretary has approved
an extension of the 90-day period in writing),
with a complete annual financial report, in
accordance with requirements prescribed by the
Secretary, including requirements that the
report be--
``(I) based upon an examination of
the books and records of the mortgagor;
``(II) prepared and certified to by
an independent public accountant or a
certified public accountant (unless the
Secretary has waived this requirement
in writing); and
``(III) certified to by the
mortgagor or an authorized
representative of the mortgagor.
``The Secretary shall approve an extension where the mortgagor
demonstrates that failure to comply with this clause is due to events
beyond the control of the mortgagor.''.
Sec. 218. Section 421 of the Housing and Community Development Act
of 1987 (12 U.S.C. 1715z-4a) is amended--
(1) in subsection (a)(1)(A), by inserting after ``project''
the following: ``, nursing home, intermediate care facility,
board and care home, assisted living facility, or hospital'';
(2) in subsection (a)(1)(B), by inserting after ``is'' the
following: ``or, at the time of the violations, was'';
(3) in the second sentence of subsection(a)(1), by striking
``project'' and inserting ``property'';
(4) in subsection (a)(2) by striking ``which'' and all that
follows through ``any owner'' and inserting the following:
``that owns or operates a property, as identified in the
regulatory agreement, including but not limited to--
``(A) any stockholder holding 25 percent or more
interest of a corporation that owns that property;
``(B) any beneficial owner of the property under
any business or trust;
``(C) any officer, director, or partner of an
entity owning or controlling the property;
``(D) any nursing home lessee or operator;
``(E) any hospital lessee or operator;
``(F) any other person or entity that controls the
property regardless of that person or entity's official
relationship to the property; and
``(G) any heir, assignee, successor in interest, or
agent of any person or entity described in the
preceding subparagraphs'';
(5) in subsection (c), by striking ``project'' the first
two places it appears and inserting ``property''; and
(6) in subsection (d), by striking ``project'' and
inserting ``a property's''.
Sec. 219. Section 204(h) of the National Housing Act (12 U.S.C.
1710(h)) is amended--
(1) in paragraph (2)--
(A) by striking ``following assets of the
Secretary'' and inserting ``following categories of
assets of the Secretary, unless the Secretary
determines at any time that the asset property is
economically or otherwise infeasible to rehabilitate or
that the best use of the asset property is as open
space (including park land)'';
(B) in subparagraph (B)(ii), by inserting after
``Act'' the following: ``except for mortgages insured
under or made pursuant to sections 235, 247, or 255'';
and
(C) by striking subparagraph (C);
(2) in the second sentence of paragraph (3), by inserting
after ``government'' the following: ``, States, and Indian
tribes'';
(3) in paragraph (4)--
(A) in subparagraph (A)(i), by inserting after
`'government'' the following: ``, State, or Indian
tribe'';
(B) by revising subparagraph (B)(ii) to read as
follows:
``(ii) purchases all assets of the
Secretary in the category or categories of
eligible assets set forth in the sale agreement
required under paragraph (7) that, at any time
during the period which shall be set forth in
the sale agreement--
``(I) are or become eligible for
purchase under this subsection; and
``(II) are located in the asset
control area of the purchaser; and'';
and
(C) in subparagraph (C), by striking ``purchase of
eligible assets under'' and inserting ``purchase of the
category or categories of eligible assets set forth in
the sale agreement under'';
(4) in paragraph (6)--
(A) by revising subparagraph (C) to read as
follows:
``(C) Discounts.--The Secretary, in the sole
discretion of the Secretary, shall establish the
discount under this paragraph for an eligible asset. In
determining the discount, the Secretary may consider
the condition of the asset property, the extent of
resources available to the preferred purchaser, the
comprehensive revitalization plan undertaken by such
purchaser, the financial safety and soundness of the
Mutual Mortgage Insurance Fund, and any other
circumstances the Secretary considers appropriate'';
and
(B) by striking subparagraph (D);
(5) in paragraph (7)(A), by striking ``eligible assets to
be purchased and the interests sold'' and inserting ``category
or categories of eligible assets to be purchased and, based on
the purchaser's capacity to manage and dispose of assets, the
maximum number of assets owned by the Secretary at the time the
sale agreement is executed that shall be sold to the
purchaser''; and
(6) in paragraph (8)--
(A) in subparagraph (F), by inserting after
``State'' the following: ``, and any agency or
instrumentality thereof that is established pursuant to
legislation and designated by the chief executive
officer to act on behalf of the jurisdiction with
regard to the provisions of this subsection''; and
(B) by adding the following new subparagraphs at
the end:
``(G) State.--The term `State' means any State of
the United States, the District of Columbia, the
Commonwealth of Puerto Rico, Guam, American Samoa, the
Virgin Islands, the Northern Mariana Islands, or any
agency or instrumentality thereof that is established
pursuant to legislation and designated by the chief
executive officer to act on behalf of the State with
regard to provisions of this subjection.
``(H) Indian tribe.--The term ``Indian tribe'' has
the same meaning as in section 248(i)(I) of this
Act.''.
Sec. 220. Section 203(c) of the National Housing Act (12 U.S.C.
1709(c)), as amended, is further amended in paragraph (1) by striking
``subsections (n) and (k)'' and inserting `'subsection (n)'' and
striking ``or (k)''.
Sec. 221. Section 203(c)(2)(A) of the National Housing Act (12
U.S.C. 1709(c)(2)(A)) is amended in the last sentence after
``subparagraph'' by inserting the following: ``, provided that the
mortgagor refinances the unpaid principal obligation under title II of
this Act''. This provision shall apply to loans that become insured on
or after date of enactment of this Act.
Sec. 222. Funds made available for the PATH Initiative under the
heading ``Policy development and research'' in the Departments of
Veterans Affairs and Housing and Urban Development, and Independent
Agencies Appropriations Act, 2004 shall not be subject to the
requirements of section 205 of such Act.
Sec. 223. Title II of the Departments of Veterans Affairs and
Housing and Urban Development, and Independent Agencies Appropriations
Act, 2004 is amended--
(1) under the heading ``Housing for the elderly'', by
striking ``duration'' and all that follows through ``heading.''
and inserting in lieu thereof ``duration.''; and
(2) in the fourth proviso under the heading ``Housing for
persons with disabilities'', by striking ``and merged with the
amounts for these purposes under this heading'' and inserting
in lieu thereof ``and for tenant-based rental assistance
contracts entered into pursuant to section 811, shall be
transferred to the appropriation under this heading''.
Sec. 224. Section 9(g) of the United States Housing Act of 1937 (42
U.S.C. 1437(g)) is amended by adding at the end the following:
``(4) Limitation on election activities.--Notwithstanding
any other provision of law, a public housing agency shall not
use any funds or revenues provided under or derived from this
Act for any activities (including voter registration, voter
identification, or get-out-the vote activities, campaign
activities to promote a party or candidate, and communication
that promotes or opposes a candidate) related to any Federal,
State, or local election.''.
Sec. 225. All financial assistance made available to any person by
any college or university shall be considered adjusted income for
purposes of section 3(b)(5) of the United States Housing Act of 1937
(``1937 Act'').
Sec. 226. The funds made available for Native Alaskans under the
heading ``Native American Housing Block Grants'' in title II of this
Act shall be allocated to the same Native Alaskan Indian Housing block
grant recipients that received funds in fiscal year 2004.
Sec. 227. Notwithstanding any other provision of law, for this
fiscal year and every fiscal year thereafter, funds appropriated for
housing for the elderly, as authorized by section 202 of the Housing
Act of 1959, as amended, and for supportive housing for persons with
disabilities, as authorized by section 811 of the Cranston-Gonzalez
National Affordable Housing Act, shall be available for the cost of
maintaining and disposing of such properties that are acquired or
otherwise become the responsibility of the Department.
Sec. 228. Public housing agencies in tight rental markets, as
determined by the Secretary of Housing and Urban Development, may use
up to 50 percent of their section 8 assistance for project-based
assistance. The Secretary shall issue an interim regulation no later
than May 15, 2005.
Sec. 229. (a) Notwithstanding any other provision of law, subject
to the conditions listed in subsection (b), the Secretary may authorize
the transfer of project-based assistance, debt and statutorily required
low-income and very low-income use restrictions, associated with one
multifamily housing project to another multifamily housing project.
(b) The transfer authorized in subsection (a) is subject to the
following conditions:
(1) the number of low-income and very low-income units and
the net dollar amount of Federal assistance provided by the
transferring project shall remain the same in the receiving
project;
(2) the transferring project shall, as determined by the
Secretary, be either physically obsolete or economically non-
viable;
(3) the receiving project shall meet or exceed applicable
physical standards established by the Secretary;
(4) the owner or mortgagor of the transferring project
shall notify and consult with the tenants residing in the
transferring project and provide a certification of approval by
all appropriate local governmental officials;
(5) the tenants of the transferring project who remain
eligible for assistance to be provided by the receiving project
shall not be required to vacate their units in the transferring
project until new units in the receiving project are available
for occupancy;
(6) if either the transferring project or the receiving
project meets the condition specified in subsection (c)(2)(A),
any lien on the receiving project resulting from additional
financing obtained by the owner shall be subordinate to any
FHA-insured mortgage lien transferred to, or placed on, such
project by the Secretary; and
(7) if the transferring project meets the requirements of
subsection (c)(2)(E), the owner or mortgagor of the receiving
project shall execute and record either a continuation of the
existing use agreement or a new use agreement for the project
where, in either case, any use restrictions in such agreement
are of no lesser duration than the existing use restrictions.
(c) For purposes of this section--
(1) the terms ``low-income'' and ``very low-income'' shall
have the meanings provided by the statute and/or regulations
governing the program under which the project is insured or
assisted;
(2) the term ``multifamily housing project'' means housing
that meets one of the following conditions--
(A) housing that is subject to a mortgage insured
under the National Housing Act,
(B) housing that has project-based assistance
attached to the structure,
(C) housing that is assisted under section 202 of
the Housing Act of 1959 as amended by section 801 of
the Cranston-Gonzales National Affordable Housing Act,
(D) housing that is assisted under section 202 of
the Housing Act of 1959, as such section existed before
the enactment of the Cranston-Gonzales National
Affordable Housing Act, or,
(E) housing or vacant land that is subject to a use
agreement.
(3) the term ``project-based assistance'' means--
(A) assistance provided under section 8(b) of the
United States Housing Act of 1937;
(B) assistance for housing constructed or
substantially rehabilitated pursuant to assistance
provided under section 8(b)(2) of such Act (as such
section existed immediately before October 1, 1983);
(C) rent supplement payments under section 101 of
the Housing and Urban Development Act of 1965;
(D) additional assistance payments under section
236(f)(2) of the National Housing Act; and,
(E) assistance payments made under section
202(c)(2) of the Housing Act of 1959.
(4) the term ``receiving project'' means the multifamily
housing project to which the project-based assistance, debt,
and statutorily required use low-income and very low-income
restrictions are to be transferred;
(5) the term ``transferring project'' means the multifamily
housing project which is transferring the project-based
assistance, debt and the statutorily required low-income and
very low-income use restrictions to the receiving project; and,
(6) the term ``Secretary'' means the Secretary of Housing
and Urban Development.
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,
$46,100,000, to remain available until expended, of which $9,100,000 is
for the building of an interpretive center at the Normandy American
Cemetery.
Chemical Safety and Hazard Investigation Board
salaries and expenses
For necessary expenses in carrying out activities pursuant to
section 112(r)(6) of the Clean Air Act, as amended, including hire of
passenger vehicles, uniforms or allowances therefore, as authorized by
5 U.S.C. 5901-5902, and for services authorized by 5 U.S.C. 3109 but at
rates for individuals not to exceed the per diem equivalent to the
maximum rate payable for senior level positions under 5 U.S.C. 5376,
$9,000,000, of which $400,000 shall be maintained as an emergency fund
for accident investigations which have not been anticipated in the
Board's fiscal year 2005 budget plan: Provided, That the Chemical
Safety and Hazard Investigation Board (Board) shall have not more than
three career Senior Executive Service positions: Provided further, That
notwithstanding any other provision of law, the individual appointed to
the position of Inspector General of the Environmental Protection
Agency (EPA) shall, by virtue of such appointment, also hold the
position of Inspector General of the Board: Provided further, That
notwithstanding any other provision of law, the Inspector General of
the Board shall utilize personnel of the Office of Inspector General of
EPA in performing the duties of the Inspector General of the Board, and
shall not appoint any individuals to positions within the Board.
Department of the Treasury
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, $55,000,000, to remain available until
September 30, 2006, of which $4,000,000 shall be for financial
assistance, technical assistance, training and outreach programs
designed to benefit Native American, Native Hawaiian, and Alaskan
Native communities and provided primarily through qualified community
development lender organizations with experience and expertise in
community development banking and lending in Indian country, Native
American organizations, tribes and tribal organizations and other
suitable providers, and up to $14,900,000 may be used for
administrative expenses, including administration of the New Markets
Tax Credit, up to $6,000,000 may be used for the cost of direct loans,
and up to $250,000 may be used for administrative expenses to carry out
the direct loan program: Provided, That the cost of direct loans,
including the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974, as amended:
Provided further, That these funds are available to subsidize gross
obligations for the principal amount of direct loans not to exceed
$11,000,000.
Consumer Product Safety Commission
salaries and expenses
For necessary expenses of the Consumer Product Safety Commission,
including hire of passenger motor vehicles, services as authorized by 5
U.S.C. 3109, but at rates for individuals not to exceed the per diem
rate equivalent to the maximum rate payable under 5 U.S.C. 5376,
purchase of nominal awards to recognize non-Federal officials'
contributions to Commission activities, and not to exceed $500 for
official reception and representation expenses, $62,650,000.
Corporation for National and Community Service
national and community service programs operating expenses
(including transfer of funds)
For necessary expenses for the Corporation for National and
Community Service (the ``Corporation'') in carrying out programs,
activities, and initiatives under the National and Community Service
Act of 1990 (the ``Act'') (42 U.S.C. 12501 et seq.), $558,311,000, to
remain available until September 30, 2006: Provided, That not more than
$291,933,000 of the amount provided under this heading shall be
available for grants under the National Service Trust Program
authorized under subtitle C of title I of the Act (42 U.S.C. 12571 et
seq.) (relating to activities of the AmeriCorps program), including
grants to organizations operating projects under the AmeriCorps
Education Awards Program (without regard to the requirements of
sections 121(d) and (e), section 131(e), section 132, and sections
140(a), (d), and (e) of the Act): Provided further, That not less than
$150,500,000 of the amount provided under this heading, to remain
available without fiscal year limitation, shall be transferred to the
National Service Trust for educational awards authorized under subtitle
D of title I of the Act (42 U.S.C. 12601), of which up to $4,000,000
shall be available to support national service scholarships for high
school students performing community service, and of which $13,315,000
shall be held in reserve as defined in Public Law 108-45: Provided
further, That in addition to amounts otherwise provided to the National
Service Trust under the second proviso, the Corporation may transfer
funds from the amount provided under the first proviso, to the National
Service Trust authorized under subtitle D of title I of the Act (42
U.S.C. 12601) upon determination that such transfer is necessary to
support the activities of national service participants and after
notice is transmitted to Congress: Provided further, That of the amount
provided under this heading for grants under the National Service Trust
program authorized under subtitle C of title I of the Act, not more
than $55,000,000 may be used to administer, reimburse, or support any
national service program authorized under section 121(d)(2) of such Act
(42 U.S.C. 12581(d)(2)): Provided further, That not more than
$16,328,000 shall be available for quality and innovation activities
authorized under subtitle H of title I of the Act (42 U.S.C. 12853 et
seq.), of which $6,000,000 shall be available for challenge grants to
non-profit organizations: Provided further, That notwithstanding
subtitle H of title I of the Act (42 U.S.C. 12853), none of the funds
provided under the previous proviso shall be used to support salaries
and related expenses (including travel) attributable to Corporation
employees: Provided further, That to the maximum extent feasible, funds
appropriated under subtitle C of title I of the Act shall be provided
in a manner that is consistent with the recommendations of peer review
panels in order to ensure that priority is given to programs that
demonstrate quality, innovation, replicability, and sustainability:
Provided further, That not less than $26,000,000 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 $43,000,000
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 $3,550,000
shall be available for audits and other evaluations authorized under
section 179 of the Act (42 U.S.C. 12639): Provided further, That not
more than $10,000,000 of the funds made available under this heading
shall be made available for the Points of Light Foundation for
activities authorized under title III of the Act (42 U.S.C. 12661 et
seq.), of which not more than $2,500,000 may be used to support an
endowment fund, the corpus of which shall remain intact and the
interest income from which shall be used to support activities
described in title III of the Act, provided that the Foundation may
invest the corpus and income in federally insured bank savings accounts
or comparable interest bearing accounts, certificates of deposit, money
market funds, mutual funds, obligations of the United States, and other
market instruments and securities but not in real estate investments:
Provided further, That no funds shall be available for national service
programs run by Federal agencies authorized under section 121(b) of
such Act (42 U.S.C. 12571(b)): Provided further, That not more than
$5,000,000 of the funds made available under this heading shall be made
available to America's Promise--The Alliance for Youth, Inc.: Provided
further, That to the maximum extent practicable, the Corporation shall
increase significantly the level of matching funds and in-kind
contributions provided by the private sector, and shall reduce the
total Federal costs per participant in all programs.
salaries and expenses
For necessary expenses of administration as provided under section
501(a)(4) of the National and Community Service Act of 1990 (42 U.S.C.
12501 et seq.) including payment of salaries, authorized travel, hire
of passenger motor vehicles, the rental of conference rooms in the
District of Columbia, the employment of experts and consultants
authorized under 5 U.S.C. 3109, and not to exceed $2,500 for official
reception and representation expenses, $25,500,000.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, as amended, $6,250,000,
to remain available until September 30, 2006.
administrative provisions
Notwithstanding any other provision of law, the term ``qualified
student loan'' with respect to national service education awards shall
mean any loan determined by an institution of higher education to be
necessary to cover a student's cost of attendance at such institution
and made, insured, or guaranteed directly to a student by a State
agency, in addition to other meanings under section 148(b)(7) of the
National and Community Service Act.
Notwithstanding any other provision of law, funds made available
under section 129(d)(5)(B) of the National and Community Service Act to
assist entities in placing applicants who are individuals with
disabilities may be provided to any entity that receives a grant under
section 121 of the Act.
The Inspector General of the Corporation for National and Community
Service shall conduct random audits of the grantees that administer
activities under the AmeriCorps programs and shall levy sanctions in
accordance with standard Inspector General audit resolution procedures
which include, but are not limited to, debarment of any grantee (or
successor in interest or any entity with substantially the same person
or persons in control) that has been determined to have committed any
substantial violations of the requirements of the AmeriCorps programs,
including any grantee that has been determined to have violated the
prohibition of using Federal funds to lobby the Congress: Provided,
That the Inspector General shall obtain reimbursements in the amount of
any misused funds from any grantee that has been determined to have
committed any substantial violations of the requirements of the
AmeriCorps programs.
For fiscal year 2005, the Corporation shall make any significant
changes to program requirements or policy only through public notice
and comment rulemaking. For fiscal year 2005, during any grant
selection process, no officer or employee of the Corporation shall
knowingly disclose any covered grant selection information regarding
such selection, directly or indirectly, to any person other than an
officer or employee of the Corporation that is authorized by the
Corporation to receive such information.
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,
$17,623,000, of which $1,100,000 shall be available for the purpose of
providing financial assistance as described, and in accordance with the
process and reporting procedures set forth, under this heading in
Public Law 102-229.
Department of Defense--Civil
Cemeterial Expenses, Army
salaries and expenses
For necessary expenses, as authorized by law, for maintenance,
operation, and improvement of Arlington National Cemetery and Soldiers'
and Airmen's Home National Cemetery, including the purchase of one
passenger motor vehicle for replacement only, and not to exceed $1,000
for official reception and representation expenses, $29,600,000, to
remain available until expended.
Department of Health and Human Services
National Institutes of Health
national institute of environmental health sciences
For necessary expenses for the National Institute of Environmental
Health Sciences in carrying out activities set forth in section 311(a)
of the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, as amended, and section 126(g) of the Superfund
Amendments and Reauthorization Act of 1986, $80,486,000.
Agency for Toxic Substances and Disease Registry
toxic substances and environmental public health
For necessary expenses for the Agency for Toxic Substances and
Disease Registry (ATSDR) in carrying out activities set forth in
sections 104(i), 111(c)(4), and 111(c)(14) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(CERCLA), as amended; section 118(f) of the Superfund Amendments and
Reauthorization Act of 1986 (SARA), as amended; and section 3019 of the
Solid Waste Disposal Act, as amended, $76,654,000: Provided, That
notwithstanding any other provision of law, in lieu of performing a
health assessment under section 104(i)(6) of CERCLA, the Administrator
of ATSDR may conduct other appropriate health studies, evaluations, or
activities, including, without limitation, biomedical testing, clinical
evaluations, medical monitoring, and referral to accredited health care
providers: Provided further, That in performing any such health
assessment or health study, evaluation, or activity, the Administrator
of ATSDR shall not be bound by the deadlines in section 104(i)(6)(A) of
CERCLA: Provided further, That none of the funds appropriated under
this heading shall be available for ATSDR to issue in excess of 40
toxicological profiles pursuant to section 104(i) of CERCLA during
fiscal year 2005, and existing profiles may be updated as necessary.
Environmental Protection Agency
science and technology
For science and technology, including research and development
activities, which shall include research and development activities
under the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, as amended; necessary expenses for personnel and
related costs and travel expenses, including uniforms, or allowances
therefor, as authorized by 5 U.S.C. 5901-5902; services as authorized
by 5 U.S.C. 3109, but at rates for individuals not to exceed the per
diem rate equivalent to the maximum rate payable for senior level
positions under 5 U.S.C. 5376; procurement of laboratory equipment and
supplies; other operating expenses in support of research and
development; construction, alteration, repair, rehabilitation, and
renovation of facilities, not to exceed $85,000 per project,
$758,179,000, which shall remain available until September 30, 2006.
environmental programs and management
For environmental programs and management, including necessary
expenses, not otherwise provided for, for personnel and related costs
and travel expenses, including uniforms, or allowances therefor, as
authorized by 5 U.S.C. 5901-5902; services as authorized by 5 U.S.C.
3109, but at rates for individuals not to exceed the per diem rate
equivalent to the maximum rate payable for senior level positions under
5 U.S.C. 5376; hire of passenger motor vehicles; hire, maintenance, and
operation of aircraft; purchase of reprints; library memberships in
societies or associations which issue publications to members only or
at a price to members lower than to subscribers who are not members;
construction, alteration, repair, rehabilitation, and renovation of
facilities, not to exceed $85,000 per project; and not to exceed $9,000
for official reception and representation expenses, $2,310,263,000,
which shall remain available until September 30, 2006, including
administrative costs of the brownfields program under the Small
Business Liability Relief and Brownfields Revitalization Act of 2002.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, and for construction, alteration, repair, rehabilitation, and
renovation of facilities, not to exceed $85,000 per project,
$38,000,000, to remain available until September 30, 2006.
buildings and facilities
For construction, repair, improvement, extension, alteration, and
purchase of fixed equipment or facilities of, or for use by, the
Environmental Protection Agency, $40,000,000, to remain available until
expended.
hazardous substance superfund
(including transfers of funds)
For necessary expenses to carry out the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA), as amended,
including sections 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C.
9611), and for construction, alteration, repair, rehabilitation, and
renovation of facilities, not to exceed $85,000 per project;
$1,381,416,000, to remain available until expended, consisting of such
sums as are available in the Trust Fund upon the date of enactment of
this Act as authorized by section 517(a) of the Superfund Amendments
and Reauthorization Act of 1986 (SARA) and up to $1,381,416,000 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, $13,139,000
shall be transferred to the ``Office of Inspector General''
appropriation to remain available until September 30, 2006, and
$36,097,000 shall be transferred to the ``Science and technology''
appropriation to remain available until September 30, 2006.
leaking underground storage tank program
For necessary expenses to carry out leaking underground storage
tank cleanup activities authorized by section 205 of the Superfund
Amendments and Reauthorization Act of 1986, and for construction,
alteration, repair, rehabilitation, and renovation of facilities, not
to exceed $85,000 per project, $70,000,000, to remain available until
expended.
oil spill response
For expenses necessary to carry out the Environmental Protection
Agency's responsibilities under the Oil Pollution Act of 1990,
$16,000,000, to be derived from the Oil Spill Liability trust fund, to
remain available until expended.
state and tribal assistance grants
For environmental programs and infrastructure assistance, including
capitalization grants for State revolving funds and performance
partnership grants, $3,886,550,000, to remain available until expended,
of which $1,350,000,000 shall be for making capitalization grants for
the Clean Water State Revolving Funds under title VI of the Federal
Water Pollution Control Act, as amended (the ``Act''); $850,000,000
shall be for capitalization grants for the Drinking Water State
Revolving Funds under section 1452 of the Safe Drinking Water Act, as
amended, except that, notwithstanding section 1452(n) of the Safe
Drinking Water Act, as amended, none of the funds made available under
this heading in this Act, or in previous appropriations Acts, shall be
reserved by the Administrator for health effects studies on drinking
water contaminants; $30,000,000 for competitive grants for planning,
design, engineering, and infrastructure improvements and construction
for drinking water facilities in rural areas in order to meet the new
requirements for arsenic in drinking water; $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;
$50,000,000 shall be for grants to the State of Alaska to address
drinking water and waste infrastructure needs of rural and Alaska
Native Villages: Provided, That, of these funds (1) the State of Alaska
shall provide a match of 25 percent, (2) no more than 5 percent of the
funds may be used for administrative and overhead expenses, and (3) not
later than October 1, 2004 the State of Alaska shall make awards
consistent with the statewide priority list established in 2004 for all
water, sewer, waste disposal, and similar projects carried out by the
State of Alaska that are funded under section 221 of the Federal Water
Pollution Control Act (33 U.S.C. 1301) or the Consolidated Farm and
Rural Development Act (7 U.S.C. 1921 et seq.) which shall allocate not
less than 25 percent of the funds provided for projects in regional hub
communities; $4,000,000 shall be for remediation of above ground
leaking fuel tanks pursuant to Public Law 106-554; $117,000,000 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 Act, and, for purposes of these grants,
each grantee shall contribute not less than 45 percent of the cost of
the project unless the grantee is approved for a waiver by the Agency;
$90,000,000 shall be to carry out section 104(k) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(CERCLA), as amended, including grants, interagency agreements, and
associated program support costs; and $1,162,550,000 shall be for
grants, including associated program support costs, to States,
federally recognized tribes, interstate agencies, tribal consortia, and
air pollution control agencies for multi-media or single media
pollution prevention, control and abatement and related activities,
including activities pursuant to the provisions set forth under this
heading in Public Law 104-134, and for making grants under section 103
of the Clean Air Act for particulate matter monitoring and data
collection activities of which and subject to terms and conditions
specified by the Administrator, of which $50,000,000 shall be for
carrying out section 128 of CERCLA, as amended, and $20,000,000 shall
be for Environmental Information Exchange Network grants, including
associated program support costs, $20,000,000 shall be for making
competitive targeted watershed grants: Provided further, That for
fiscal year 2005 and thereafter, State authority under section 302(a)
of Public Law 104-182 shall remain in effect: Provided further, That
notwithstanding section 603(d)(7) of the Act, the limitation on the
amounts in a State water pollution control revolving fund that may be
used by a State to administer the fund shall not apply to amounts
included as principal in loans made by such fund in fiscal year 2005
and prior years where such amounts represent costs of administering the
fund to the extent that such amounts are or were deemed reasonable by
the Administrator, accounted for separately from other assets in the
fund, and used for eligible purposes of the fund, including
administration: Provided further, That for fiscal year 2005, and
notwithstanding section 518(f) of the Act, the Administrator is
authorized to use the amounts appropriated for any fiscal year under
section 319 of that Act to make grants to Indian tribes pursuant to
sections 319(h) and 518(e) of that Act: Provided further, That for
fiscal year 2005, notwithstanding the limitation on amounts in section
518(c) of the Act, up to a total of 1\1/2\ percent of the funds
appropriated for State Revolving Funds under title VI of that Act may
be reserved by the Administrator for grants under section 518(c) of
such Act: Provided further, That no funds provided by this legislation
to address the water, wastewater and other critical infrastructure
needs of the colonias in the United States along the United States-
Mexico border shall be made available to a county or municipal
government unless that government has established an enforceable local
ordinance, or other zoning rule, which prevents in that jurisdiction
the development or construction of any additional colonia areas, or the
development within an existing colonia the construction of any new
home, business, or other structure which lacks water, wastewater, or
other necessary infrastructure: Provided further, That the referenced
statement of the managers under this heading in Public Law 107-73 is
deemed to be amended by striking ``Southeast'' in reference to item 9
and inserting ``Southwest'': Provided further, That the referenced
statement of the managers under this heading in Public Law 107-73, in
reference to item number 103, is deemed to be amended by striking
everything after the word ``for'', and adding, ``the City of Chicago,
Illinois for water infrastructure improvements at the Thomas Jefferson
and Lakeview Pumping Stations'': Provided further, That the referenced
statement of the managers under this heading in Public Law 108-199, in
reference to item number 484, is deemed to be amended by striking
``City of Norfolk'' and inserting ``Portsmouth Virginia'': Provided
further, That the referenced statement of the managers under this
heading in Public Law 108-199, in reference to item number 283, is
deemed to be amended by striking ``City of Kalispell, Montana'' and
inserting ``Flathead County Water and Sewer District No. 1--
Evergreen'': Provided further, That the referenced statement of
managers under this heading in Public Law 108-7, in reference to item
number 139, is deemed to be amended by striking ``State of Hawaii
Health Department'' and inserting ``County of Hawaii'': Provided
further, That the referenced statement of managers under this heading
in Public Law 108-199, in reference to item number 148, is deemed to be
amended by striking everything after the word ``for'' and inserting
``the replacement of cesspools in Hawaii, $250,000 to the City and
County of Honolulu for Varona Village, $500,000 to the County of Hawaii
and the remainder to the Housing and Community Development Corporation
of Hawaii;'': Provided further, That the referenced statement of the
managers under this heading in Public Law 108-199, in reference to item
number 388, is deemed to be amended by striking everything after the
word ``for'' and inserting ``the Southeast Water Treatment Plant in
Lawton, Oklahoma for water and wastewater infrastructure
improvements;''.
administrative provisions
For fiscal year 2005, notwithstanding 31 U.S.C. 6303(1) and
6305(1), the Administrator of the Environmental Protection Agency, in
carrying out the Agency's function to implement directly Federal
environmental programs required or authorized by law in the absence of
an acceptable tribal program, may award cooperative agreements to
federally-recognized Indian Tribes or Intertribal consortia, if
authorized by their member Tribes, to assist the Administrator in
implementing Federal environmental programs for Indian Tribes required
or authorized by law, except that no such cooperative agreements may be
awarded from funds designated for State financial assistance
agreements.
The Administrator of the Environmental Protection Agency is
authorized to collect and obligate pesticide registration service fees
in accordance with section 33 of the Federal Insecticide, Fungicide,
and Rodenticide Act, as amended.
Notwithstanding CERCLA 104(k)(4)(B)(i)(IV), appropriated funds for
fiscal year 2005 and all fiscal years thereafter may be used to award
grants or loans under section 104(k) of CERCLA to eligible entities
that satisfy all of the elements set forth in CERCLA section 101(40) to
qualify as a bona fide prospective purchaser except that the date of
acquisition of the property was prior to the date of enactment of the
Small Business Liability Relief and Brownfield Revitalization Act of
2001.
For fiscal year 2005, notwithstanding any other provision of law,
recipients of grants awarded under section 104(k) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9601 et seq.) may use funds for reasonable administrative costs,
as determined by the Administrator of the Environmental Protection
Agency.
For fiscal years 2004 through 2009, the Adminstrator may, after
consultation with the Office of Personnel Management, make not to
exceed five appointments in any fiscal year under the authority
provided in 42 U.S.C. 209 for the Office of Research and Development.
The Administrator of the Environmental Protection Agency shall
submit budget justifications for fiscal year 2006 that identify
(including a description of) each individual program and activity; the
requested budget levels (including the appropriated levels for the
prior two fiscal years) for each program and activity; the amount of
carryover, if available, for each program and activity for the most
recent fiscal year; the outlays for each program and activity; a
description and justification of any proposed changes to each program
and activity, and the relationship of each program and activity to
other programs and activities.
Executive Office of the President
office of science and technology policy
For necessary expenses of the Office of Science and Technology
Policy, in carrying out the purposes of the National Science and
Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C.
6601 and 6671), hire of passenger motor vehicles, and services as
authorized by 5 U.S.C. 3109, not to exceed $2,500 for official
reception and representation expenses, and rental of conference rooms
in the District of Columbia, $7,081,000.
council on environmental quality and office of environmental quality
For necessary expenses to continue functions assigned to the
Council on Environmental Quality and Office of Environmental Quality
pursuant to the National Environmental Policy Act of 1969, the
Environmental Quality Improvement Act of 1970, and Reorganization Plan
No. 1 of 1977, and not to exceed $750 for official reception and
representation expenses, $3,284,000: Provided, That notwithstanding
section 202 of the National Environmental Policy Act of 1970, the
Council shall consist of one member, appointed by the President, by and
with the advice and consent of the Senate, serving as chairman and
exercising all powers, functions, and duties of the Council.
Federal Deposit Insurance Corporation
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $30,625,000, to be derived from the Bank Insurance Fund, the
Savings Association Insurance Fund, and the FSLIC Resolution Fund.
General Services Administration
federal citizen information center fund
For necessary expenses of the Federal Citizen Information Center,
including services authorized by 5 U.S.C. 3109, $14,907,000, to be
deposited into the Federal Citizen Information Center Fund: Provided,
That the appropriations, revenues, and collections deposited into the
Fund shall be available for necessary expenses of Federal Citizen
Information Center activities in the aggregate amount not to exceed
$27,000,000. Appropriations, revenues, and collections accruing to this
Fund during fiscal year 2005 in excess of such amount shall remain in
the Fund and shall not be available for expenditure except as
authorized in appropriations Acts.
United States Interagency Council on Homelessness
operating expenses
For necessary expenses (including payment of salaries, authorized
travel, hire of passenger motor vehicles, the rental of conference
rooms, and the employment of experts and consultants under section 3109
of title 5, United States Code) of the United States Interagency
Council on Homelessness in carrying out the functions pursuant to title
II of the McKinney-Vento Homeless Assistance Act, as amended,
$1,500,000.
National Aeronautics and Space Administration
exploration capabilities
(including transfer of funds)
For necessary expenses, not otherwise provided for, in the conduct
and support of exploration capabilities research and development
activities, including research, development, operations, support and
services; maintenance; construction of facilities including repair,
rehabilitation, revitalization and modification of facilities,
construction of new facilities and additions to existing facilities,
facility planning and design, and acquisition or condemnation of real
property, as authorized by law; environmental compliance and
restoration; space flight, spacecraft control and communications
activities including operations, production, and services; program
management; personnel and related costs, including uniforms or
allowances therefor, as authorized by 5 U.S.C. 5901-5902; travel
expenses; purchase and hire of passenger motor vehicles; not to exceed
$35,000 for official reception and representation expenses; and
purchase, lease, charter, maintenance and operation of mission and
administrative aircraft, $8,411,100,000, to remain available until
September 30, 2006, of which amounts as determined by the Administrator
for salaries and benefits; training, travel and awards; facility and
related costs; information technology services; science, engineering,
fabricating and testing services; and other administrative services may
be transferred to ``Exploration, science, and aeronautics'' in
accordance with section 424 of this Act and section 312(b) of the
National Aeronautics and Space Act of 1958, as amended by Public Law
106-377: Provided, That of the amount under this heading, $600,000,000
is designated as an emergency requirement pursuant to section 402 of S.
Con. Res. 95 (108th Congress) as made applicable to the House of
Representatives by H. Res. 649 (108th Congress) and applicable to the
Senate by Section 14007 of Public Law 108-287.
exploration, science, and aeronautics
(including transfer of funds)
For necessary expenses, not otherwise provided for, in the conduct
and support of exploration, science, and aeronautics research and
development activities, including research, development, operations,
support and services; maintenance; construction of facilities including
repair, rehabilitation, revitalization, and modification of facilities,
construction of new facilities and additions to existing facilities,
facility planning and design, and restoration, and acquisition or
condemnation of real property, as authorized by law; environmental
compliance and restoration; space flight, spacecraft control and
communications activities including operations, production, and
services; program management; personnel and related costs, including
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
travel expenses; purchase and hire of passenger motor vehicles; not to
exceed $35,000 for official reception and representation expenses; and
purchase, lease, charter, maintenance and operation of mission and
administrative aircraft, $7,936,500,000, to remain available until
September 30, 2006, of which amounts as determined by the Administrator
for salaries and benefits; training, travel and awards; facility and
related costs; information technology services; science, engineering,
fabricating and testing services; and other administrative services may
be transferred to ``Exploration capabilities'' in accordance with
section 424 of this Act and section 312(b) of the National Aeronautics
and Space Act of 1958, as amended by Public Law 106-377: Provided, That
of the amount under this heading, $200,000,000 is designated as an
emergency requirement pursuant to section 402 of S. Con. Res. 95 (108th
Congress) as made applicable to the House of Representatives by H. Res.
649 (108th Congress) and applicable to the Senate by Section 14007 of
Public Law 108-287.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, as amended,
$31,600,000.
administrative provisions
Notwithstanding the limitation on the availability of funds
appropriated for ``Exploration, science, and aeronautics'', or
``Exploration capabilities'' by this appropriations Act, when any
activity has been initiated by the incurrence of obligations for
construction of facilities or environmental compliance and restoration
activities as authorized by law, such amount available for such
activity shall remain available until expended. This provision does not
apply to the amounts appropriated for institutional minor
revitalization and construction of facilities, and institutional
facility planning and design.
Notwithstanding the limitation on the availability of funds
appropriated for ``Exploration, science, and aeronautics'', or
``Exploration capabilities'' by this appropriations Act, the amounts
appropriated for construction of facilities shall remain available
until September 30, 2007.
From amounts made available in this Act for these activities,
subject to a reprogramming of funds approved by the House and Senate
Committees on Appropriations, the Administration may transfer amounts
between the ``Exploration, science and aeronautics'' account and the
``Exploration 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 2005, gross obligations of the Central Liquidity
Facility for the principal amount of new direct loans to member credit
unions, as authorized by 12 U.S.C. 1795 et seq., shall not exceed
$1,500,000,000: Provided, That administrative expenses of the Central
Liquidity Facility in fiscal year 2005 shall not exceed $310,000.
community development credit union revolving loan fund
For the Community Development Revolving Loan Fund program as
authorized by 42 U.S.C. 9812, 9822 and 9910, $1,000,000 shall be
available: Provided, That of this amount $200,000, together with
amounts of principal and interest on loans repaid, is available until
expended for loans to community development credit unions, and $800,000
is available until expended 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; $4,404,320,000, of
which not to exceed $350,000,000 shall remain available until expended
for Polar research and operations support, and for reimbursement to
other Federal agencies for operational and science support and
logistical and other related activities for the United States Antarctic
program; the balance to remain available until September 30, 2006:
Provided, That receipts for scientific support services and materials
furnished by the National Research Centers and other National Science
Foundation supported research facilities may be credited to this
appropriation: Provided further, That to the extent that the amount
appropriated is less than the total amount authorized to be
appropriated for included program activities, all amounts, including
floors and ceilings, specified in the authorizing Act for those program
activities or their subactivities shall be reduced proportionally:
Provided further, That $90,000,000 of the funds available under this
heading shall be made available for a comprehensive research initiative
on plant genomes for economically significant crops.
major research equipment and facilities construction
For necessary expenses for the acquisition, construction,
commissioning, and upgrading of major research equipment, facilities,
and other such capital assets pursuant to the National Science
Foundation Act of 1950, as amended, including authorized travel,
$130,420,000, 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,
$929,150,000, to remain available until September 30, 2006: Provided,
That to the extent that the amount of this appropriation is less than
the total amount authorized to be appropriated for included program
activities, all amounts, including floors and ceilings, specified in
the authorizing Act for those program activities or their subactivities
shall be reduced proportionally.
salaries and expenses
For salaries and expenses necessary in carrying out the National
Science Foundation Act of 1950, as amended (42 U.S.C. 1861-1875);
services authorized by 5 U.S.C. 3109; hire of passenger motor vehicles;
not to exceed $9,000 for official reception and representation
expenses; uniforms or allowances therefor, as authorized by 5 U.S.C.
5901-5902; rental of conference rooms in the District of Columbia; and
reimbursement of the General Services Administration for security guard
services; $269,000,000: Provided, That contracts may be entered into
under ``Salaries and expenses'' in fiscal year 2005 for maintenance and
operation of facilities, and for other services, to be provided during
the next fiscal year.
office of the national science board
For necessary expenses (including payment of salaries, authorized
travel, hire of passenger motor vehicles, the rental of conference
rooms in the District of Columbia, and the employment of experts and
consultants under section 3109 of title 5, United States Code) involved
in carrying out section 4 of the National Science Foundation Act of
1950 (42 U.S.C. 1863) and Public Law 86-209 (42 U.S.C. 1880 et seq.),
$4,000,000: 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,
$10,110,000, to remain available until September 30, 2006.
Neighborhood Reinvestment Corporation
payment to the neighborhood reinvestment corporation
For payment to the Neighborhood Reinvestment Corporation for use in
neighborhood reinvestment activities, as authorized by the Neighborhood
Reinvestment Corporation Act (42 U.S.C. 8101-8107), $115,000,000, of
which $5,000,000 shall be for a multi-family rental housing program.
Selective Service System
salaries and expenses
For necessary expenses of the Selective Service System, including
expenses of attendance at meetings and of training for uniformed
personnel assigned to the Selective Service System, as authorized by 5
U.S.C. 4101-4118 for civilian employees; purchase of uniforms, or
allowances therefor, as authorized by 5 U.S.C. 5901-5902; hire of
passenger motor vehicles; services as authorized by 5 U.S.C. 3109; and
not to exceed $750 for official reception and representation expenses;
$26,300,000: Provided, That during the current fiscal year, the
President may exempt this appropriation from the provisions of 31
U.S.C. 1341, whenever the President deems such action to be necessary
in the interest of national defense: Provided further, That none of the
funds appropriated by this Act may be expended for or in connection
with the induction of any person into the Armed Forces of the United
States.
TITLE IV--GENERAL PROVISIONS
Sec. 401. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 402. No funds appropriated by this Act may be expended--
(1) pursuant to a certification of an officer or employee
of the United States unless--
(A) such certification is accompanied by, or is
part of, a voucher or abstract which describes the
payee or payees and the items or services for which
such expenditure is being made; or
(B) the expenditure of funds pursuant to such
certification, and without such a voucher or abstract,
is specifically authorized by law; and
(2) unless such expenditure is subject to audit by the
General Accounting Officer or is specifically exempt by law
from such audit.
Sec. 403. None of the funds provided in this Act to any department
or agency may be obligated or expended for: (1) the transportation of
any officer or employee of such department or agency between the
domicile and the place of employment of the officer or employee, with
the exception of an officer or employee authorized such transportation
under 31 U.S.C. 1344 or 5 U.S.C. 7905 or (2) to provide a cook,
chauffeur, or other personal servants to any officer or employee of
such department or agency.
Sec. 404. None of the funds provided in this Act may be used for
payment, through grants or contracts, to recipients that do not share
in the cost of conducting research resulting from proposals not
specifically solicited by the Government: Provided, That the extent of
cost sharing by the recipient shall reflect the mutuality of interest
of the grantee or contractor and the Government in the research.
Sec. 405. None of the funds provided in this Act may be used,
directly or through grants, to pay or to provide reimbursement for
payment of the salary of a consultant (whether retained by the Federal
Government or a grantee) at more than the daily equivalent of the rate
paid for level IV of the Executive Schedule, unless specifically
authorized by law.
Sec. 406. None of the funds provided in this Act may be used to pay
the expenses of, or otherwise compensate, non-Federal parties
intervening in regulatory or adjudicatory proceedings. Nothing herein
affects the authority of the Consumer Product Safety Commission
pursuant to section 7 of the Consumer Product Safety Act (15 U.S.C.
2056 et seq.).
Sec. 407. Except as otherwise provided under existing law, or under
an existing Executive order issued pursuant to an existing law, the
obligation or expenditure of any appropriation under this Act for
contracts for any consulting service shall be limited to contracts
which are: (1) a matter of public record and available for public
inspection; and (2) thereafter included in a publicly available list of
all contracts entered into within 24 months prior to the date on which
the list is made available to the public and of all contracts on which
performance has not been completed by such date. The list required by
the preceding sentence shall be updated quarterly and shall include a
narrative description of the work to be performed under each such
contract.
Sec. 408. None of the funds appropriated in this Act may be used to
implement any cap on reimbursements to grantees for indirect costs,
except as published in Office of Management and Budget Circular A-21.
Sec. 409. Such sums as may be necessary for fiscal year 2005 pay
raises for programs funded by this Act shall be absorbed within the
levels appropriated in this Act.
Sec. 410. (a) It is the sense of the Congress that, to the greatest
extent practicable, all equipment and products purchased with funds
made available in this Act should be American-made.
(b) In providing financial assistance to, or entering into any
contract with, any entity using funds made available in this Act, the
head of each Federal agency, to the greatest extent practicable, shall
provide to such entity a notice describing the statement made in
subsection (a) by the Congress.
Sec. 411. None of the funds made available in this Act may be used
for any program, project, or activity, when it is made known to the
Federal entity or official to which the funds are made available that
the program, project, or activity is not in compliance with any Federal
law relating to risk assessment, the protection of private property
rights, or unfunded mandates.
Sec. 412. Except in the case of entities that are funded solely
with Federal funds or any natural persons that are funded under this
Act, none of the funds in this Act shall be used for the planning or
execution of any program to pay the expenses of, or otherwise
compensate, non-Federal parties to lobby or litigate in respect to
adjudicatory proceedings funded in this Act. A chief executive officer
of any entity receiving funds under this Act shall certify that none of
these funds have been used to engage in the lobbying of the Federal
Government or in litigation against the United States unless authorized
under existing law.
Sec. 413. No part of any funds appropriated in this Act shall be
used by an agency of the executive branch, other than for normal and
recognized executive-legislative relationships, for publicity or
propaganda purposes, and for the preparation, distribution or use of
any kit, pamphlet, booklet, publication, radio, television or film
presentation designed to support or defeat legislation pending before
the Congress, except in presentation to the Congress itself.
Sec. 414. All departments and agencies funded under this Act are
encouraged, within the limits of the existing statutory authorities and
funding, to expand their use of ``E-Commerce'' technologies and
procedures in the conduct of their business practices and public
service activities.
Sec. 415. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriation Act.
Sec. 416. None of the funds provided in this Act to any department
or agency shall be obligated or expended to procure passenger
automobiles as defined in 15 U.S.C. 2001 with an EPA estimated miles
per gallon average of less than 22 miles per gallon.
Sec. 417. Section 312 of the National Aeronautics and Space
Administration Act 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 ``Exploration capabilities'';
(B) by striking ``Science, aeronautics, and
technology'' and inserting ``Exploration, science and
aeronautics''; 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''.
Sec. 418. None of the funds made available in this Act may be used
to implement any policy prohibiting the Directors of the Veterans
Integrated Service Networks from conducting outreach or marketing to
enroll new veterans within their respective Networks.
Sec. 419. It is the sense of Congress that no veteran should wait
more than 30 days for an initial doctor's appointment.
Sec. 420. None of the funds made available to NASA in this Act may
be used for voluntary separation incentive payments as provided for in
subchapter II of chapter 35 of title 5, United States Code, unless the
Administrator of NASA has first certified to Congress that such
payments would not result in the loss of skills related to the safety
of the Space Shuttle or the International Space Station or to the
conduct of independent safety oversight in the National Aeronautics and
Space Administration.
Sec. 421. (a) Treatment of Pioneer Homes in Alaska as State Home
for Veterans.--For this fiscal year and each fiscal year hereafter, the
Secretary of Veterans Affairs may--
(1) treat the Pioneer Homes in the State of Alaska
collectively as a single State home for veterans for purposes
of section 1741 of title 38, United States Code; and
(2) make per diem payments to the State of Alaska for care
provided to veterans in the Pioneer Homes in accordance with
the provisions of that section.
(b) Treatment Notwithstanding Non-Veteran Residency.--The Secretary
may treat the Pioneer Homes as a State home under subsection (a)
notwithstanding the residency of non-veterans in one or more of the
Pioneer Homes.
(c) Pioneer Homes Defined.--In this section, the term ``Pioneer
Homes'' means the six regional homes in the State of Alaska known as
Pioneer Homes, which are located in the following:
(1) Anchorage, Alaska.
(2) Fairbanks, Alaska.
(3) Juneau, Alaska.
(4) Ketchikan, Alaska.
(5) Palmer, Alaska.
(6) Sitka, Alaska.
(d) Limitation.--The number of beds occupied by veterans
collectively in the six Pioneer Homes listed under subsection (c) for
which per diem would be paid under this authority shall not exceed the
number of veterans in state beds that otherwise would be permitted in
Alaska under the Department of Veterans Affairs state home regulations
governing the number of beds per veteran population.
Sec. 422. Of the amounts available to the National Aeronautics and
Space Administration, such sums as may be necessary for the benefit of
the families of the astronauts who died on board the Space Shuttle
Columbia on February 1, 2003, are available under the terms of section
203(c)(13) of the National Aeronautics and Space Act of 1958, as
amended, independent of the limitations established therein.
Sec. 423. Section 428 of the Departments of Veterans Affairs and
Housing and Urban Development, and Independent Agencies Appropriations
Act, 2004 is amended--
(1) in subsection (c), by inserting ``new'' before ``spark
ignition engines''; and
(2) in subsection (d), by striking out ``The prohibition in
subsection (e)'' and inserting in lieu thereof: ``The
prohibition in subsection (c)''.
Sec. 424. Except as otherwise provided in this Act or accompanying
statement of managers or through a reprogramming of funds approved by
the House and Senate Committees on Appropriations, no part of any
appropriation for the National Aeronautics and Space Administration
shall be available for any program, project or activity in excess of
amounts set forth by program or activity in the fiscal year 2005 budget
justifications (or subsequent budget amendment) submitted to the
Congress: Provided, That to the extent any part of this provision is
determined to be unconstitutional, the remainder of the provision shall
be considered severable from such part and legally effective.
Sec. 425. No funds in this or any other bill may be used to
implement section 338 of the Department of the Interior and Related
Agencies Appropriations Act, 2005.
Sec. 426. National Dairy Market Loss Payments. (a) In General.--
Section 1502 of the Farm Security and Rural Investment Act of 2002 (7
U.S.C. 7982) is amended--
(1) in subsection (c)(2)(A), by striking ``$16.94'' and
inserting ``$17.10'';
(2) in subsection (d)(2), by striking the second sentence;
and
(3) in subsections (f) and (g)(1), by striking ``2005''
each place it appears and inserting ``2007''.
(b) Period of Effectiveness.--Notwithstanding section 257 of the
Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
907)--
(1) the amendments made by paragraphs (1) and (2) of
subsection (a) shall be effective only during the period
beginning October 1, 2005, and ending September 30, 2007; and
(2) the amendments made by subsection (a)(3) shall be
effective only during the period beginning on the first day of
the first month beginning after the date of enactment of this
Act and ending September 30, 2007.
This Act may be cited as the ``Departments of Veterans Affairs and
Housing and Urban Development, and Independent Agencies Appropriations
Act, 2005''.
Calendar No. 708
108th CONGRESS
2d Session
S. 2825
[Report No. 108-353]
_______________________________________________________________________
A BILL
Making appropriations for the Departments of Veterans Affairs and
Housing and Urban Development, and for sundry independent agencies,
boards, commissions, corporations, and offices for the fiscal year
ending September 30, 2005, and for other purposes.
_______________________________________________________________________
September 21, 2004
Read twice and placed on the calendar
Committee on Appropriations Subcommittee on VA, HUD, and Independent Agencies. Hearings held prior to introduction and/or referral.
Committee on Appropriations Subcommittee on VA, HUD, and Independent Agencies. Hearings held prior to introduction and/or referral.
Committee on Appropriations Subcommittee on VA, HUD, and Independent Agencies. Hearings held prior to introduction and/or referral.
Committee on Appropriations Subcommittee on VA, HUD, and Independent Agencies. Hearings held prior to introduction and/or referral.
Committee on Appropriations Subcommittee on VA, HUD, and Independent Agencies. Hearings held prior to introduction and/or referral.
Committee on Appropriations Subcommittee on VA, HUD, and Independent Agencies. Hearings held prior to introduction and/or referral. Hearings printed: S.Hrg. 108-776.
Introduced in Senate
Committee on Appropriations ordered to be reported an original measure.
Committee on Appropriations. Original measure reported to Senate by Senator Bond. With written report No. 108-353.
Committee on Appropriations. Original measure reported to Senate by Senator Bond. With written report No. 108-353.
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Placed on Senate Legislative Calendar under General Orders. Calendar No. 708.