H. J. Res. 2—471
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFER OF FUNDS)
SEC. 101. Any appropriation for fiscal year 2003 for ‘‘Compensa-
tion and pensions’’, ‘‘Readjustment benefits’’, and ‘‘Veterans insur-
ance and indemnities’’ may be transferred to any other of the
mentioned appropriations.
SEC. 102. Appropriations available to the Department of Vet-
erans Affairs for fiscal year 2003 for salaries and expenses shall
be available for services authorized by 5 U.S.C. 3109.
SEC. 103. No appropriations in this Act for the Department
of Veterans Affairs (except the appropriations for ‘‘Construction,
major projects’’, ‘‘Construction, minor projects’’, and the ‘‘Parking
revolving fund’’) shall be available for the purchase of any site
for or toward the construction of any new hospital or home.
SEC. 104. No appropriations in this Act for the Department
of Veterans Affairs shall be available for hospitalization or examina-
tion of any persons (except beneficiaries entitled under the laws
bestowing such benefits to veterans, and persons receiving such
treatment under 5 U.S.C. 7901–7904 or 42 U.S.C. 5141–5204),
unless reimbursement of cost is made to the ‘‘Medical care’’ account
at such rates as may be fixed by the Secretary of Veterans Affairs.
SEC. 105. Appropriations available to the Department of Vet-
erans Affairs for fiscal year 2003 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 2002.
SEC. 106. Appropriations accounts available to the Department
of Veterans Affairs for fiscal year 2003 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 2003, the Secretary of Veterans Affairs shall, from the
National Service Life Insurance Fund (38 U.S.C. 1920), the Vet-
erans’ 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 administra-
tion 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 2003
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 2003
which is properly allocable to the provision of each insurance pro-
gram 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
H. J. Res. 2—472
Law 103–356 until October 1, 2003: 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, 2003.
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 2003 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 serv-
ices provided at rates which will recover actual costs but not exceed
$29,318,000 for the Office of Resolution Management and
$3,010,000 for the Office of Employment and Discrimination Com-
plaint 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 ‘‘Gen-
eral 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 Commit-
tees 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 treat-
ment 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 informa-
tion for purposes of section 1729 of such title; and
(2) annual income information for purposes of section 1722
of such title.
SEC. 113. (a)(1) Section 1729B of title 38, United States Code,
is repealed. Any balance as of the date of the enactment of this
Act in the Department of Veterans Affairs Health Services Improve-
ment Fund established under such section shall be transferred
to the Department of Veterans Affairs Medical Care Collections
Fund established under section 1729A of title 38, United States
Code.
(2) The table of sections at the beginning of chapter 17 of
such title is amended by striking the item relating to section 1729B.
(b) Section 1729A(b) of such title is amended—
(1) by redesignating paragraph (8) as paragraph (10); and
(2) by inserting after paragraph (7) the following new para-
graphs:
‘‘(8) Section 8165(a) of this title.
‘‘(9) Section 113 of the Veterans Millennium Health Care
and Benefits Act (Public Law 106–117; 38 U.S.C. 8111 note).’’.
(c) Section 1722A of such title is amended—
(1) in subsection (c)—
H. J. Res. 2—473
(A) in the first sentence, by striking ‘‘under subsection
(a)’’ and inserting ‘‘under this section’’; and
(B) by striking the second sentence; and
(2) by striking subsection (d).
(d)(1) Section 8165 of such title is amended by striking ‘‘Depart-
ment of Veterans Affairs Health Services Improvement Fund estab-
lished under section 1729B of this title’’ and inserting ‘‘Department
of Veterans Affairs Medical Care Collections Fund established under
section 1729A of this title’’.
(2) Section 113(b) of the Veterans Millennium Health Care
and Benefits Act (Public Law 106–117; 38 U.S.C. 8111 note) is
amended by striking ‘‘Department of Veterans Affairs Health Serv-
ices Improvement Fund established under section 1729B of title
38, United States Code, as added by section 202’’ and inserting
‘‘Department of Veterans Affairs Medical Care Collections Fund
established under section 1729A of title 38, United States Code’’.
SEC. 114. Of the amounts provided in this Act, $19,900,000
shall be for information technology initiatives to support the enter-
prise architecture of the Department of Veterans Affairs.
SEC. 115. None of the funds in this Act may be used to imple-
ment sections 2 and 5 of Public Law 107–287.
SEC. 116. Notwithstanding any other provision of this Act,
the $23,889,304,000 provided for ‘‘Medical care’’ under this title
shall be exempt from the across-the-board rescission under section
601 of division N.
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, $17,223,566,000, and amounts that are
recaptured in this account, to remain available until expended:
Provided, That of the amounts made available under this heading,
$13,023,566,000 and the aforementioned recaptures shall be avail-
able on October 1, 2002 and $4,200,000,000 shall be available
on October 1, 2003: Provided further, That amounts made available
under this heading are provided as follows:
(1) $15,278,370,500 for expiring or terminating section 8
project-based subsidy contracts (including section 8 moderate
rehabilitation contracts), for amendments to section 8 project-
based subsidy contracts, for contracts entered into pursuant
to section 441 of the McKinney-Vento Homeless Assistance
Act, for the 1-year renewal of section 8 contracts for units
in projects that are subject to approved plans of action under
the Emergency Low Income Housing Preservation Act of 1987
or the Low-Income Housing Preservation and Resident
Homeownership Act of 1990, and for renewals of expiring sec-
tion 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
H. J. Res. 2—474
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 compli-
ance with any applicable program obligation deadlines) based
on the total number of unit months which were under lease
as reported on the most recent end-of-year financial statement
submitted by the public housing agency to the Department,
adjusted by such additional information submitted by the public
housing agency to the Secretary which the Secretary determines
to be timely and reliable regarding the total number of unit
months under lease at the time of renewal of the annual
contributions contract, and by applying an inflation factor based
on local or regional factors to the actual per unit cost as
reported on such statement: Provided further, That none of
the funds made available in this paragraph may be used to
support a total number of unit months under lease which
exceeds a public housing agency’s authorized level of units
under contract;
(2) $391,922,000 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 para-
graph: Provided, That subject to the following proviso, the
Secretary may use amounts made available in such fund, as
necessary, for contract amendments resulting from a significant
increase in the per unit cost of vouchers or an increase in
the total number of unit months under lease as compared
to the per unit cost or the total number of unit months provided
for by the annual contributions contract: Provided further, That
if a public housing agency, at any point in time during their
fiscal year, has obligated the amounts made available to such
agency pursuant to paragraph (1) under this heading for the
renewal of expiring section 8 tenant-based annual contributions
contracts, and if such agency has expended 50 percent of the
amounts available to such agency in its annual contributions
contract reserve account, the Secretary shall make available
such amounts as are necessary from amounts available from
such central fund to fund amendments under the preceding
proviso within 30 days of a request from such agency: Provided
further, That none of the funds made available in this para-
graph 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 Sec-
retary 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 joint explanatory statement of the
managers accompanying this Act;
(3) $234,016,500 for section 8 rental assistance for reloca-
tion and replacement of housing units that are demolished
or disposed of pursuant to the Omnibus Consolidated Rescis-
sions and Appropriations Act of 1996 (Public Law 104–134),
conversion of section 23 projects to assistance under section