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into this agreement and are controlling.’’: Provided, That
notwithstanding the preceding paragraph, a nondisclosure
policy form or agreement that is to be executed by a person
connected with the conduct of an intelligence or intelligence-
related activity, other than an employee or officer of the
United States Government, may contain provisions appro-
priate to the particular activity for which such document
is to be used. Such form or agreement shall, at a minimum,
require that the person will not disclose any classified infor-
mation received in the course of such activity unless specifi-
cally authorized to do so by the United States Government.
Such nondisclosure forms shall also make it clear that they
do not bar disclosures to Congress or to an authorized offi-
cial of an executive agency or the Department of Justice
that are essential to reporting a substantial violation of
law.
SEC. 623. No part of any funds appropriated in this
or any other Act shall be used by an agency of the executive
branch, other than for normal and recognized executive-leg-
islative relationships, for publicity or propaganda pur-
poses, and for the preparation, distribution or use of any
kit, pamphlet, booklet, publication, radio, television or film
presentation designed to support or defeat legislation pend-
ing before the Congress, except in presentation to the Con-
gress itself.
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SEC. 624. None of the funds appropriated by this or
any other Act may be used by an agency to provide a Fed-
eral employee’s home address to any labor organization ex-
cept when the employee has authorized such disclosure or
when such disclosure has been ordered by a court of com-
petent jurisdiction.
SEC. 625. None of the funds made available in this
Act or any other Act may be used to provide any non-public
information such as mailing or telephone lists to any per-
son or any organization outside of the Federal Government
without the approval of the Committees on Appropriations.
SEC. 626. No part of any appropriation contained in
this or any other Act shall be used for publicity or propa-
ganda purposes within the United States not heretofore au-
thorized by the Congress.
SEC. 627. (a) In this section the term ‘‘agency’’—
(1) means an Executive agency as defined under
section 105 of title 5, United States Code;
(2) includes a military department as defined
under section 102 of such title, the Postal Service, and
the Postal Rate Commission; and
(3) shall not include the General Accounting Of-
fice.
(b) Unless authorized in accordance with law or regu-
lations to use such time for other purposes, an employee
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of an agency shall use official time in an honest effort to
perform official duties. An employee not under a leave sys-
tem, including a Presidential appointee exempted under
section 6301(2) of title 5, United States Code, has an obliga-
tion to expend an honest effort and a reasonable proportion
of such employee’s time in the performance of official duties.
SEC. 628. Notwithstanding 31 U.S.C. 1346 and section
610 of this Act, funds made available for the current fiscal
year by this or any other Act to any department or agency,
which is a member of the Joint Financial Management Im-
provement Program (JFMIP), shall be available to finance
an appropriate share of JFMIP administrative costs, as de-
termined by the JFMIP, but not to exceed a total of
$800,000 including the salary of the Executive Director and
staff support.
SEC. 629. Notwithstanding 31 U.S.C. 1346 and section
610 of this Act, the head of each Executive department and
agency is hereby authorized to transfer to or reimburse the
‘‘Policy and Citizen Services’’ account, General Services
Administration, with the approval of the Director of the
Office of Management and Budget, funds made available
for the current fiscal year by this or any other Act, includ-
ing rebates from charge card and other contracts. These
funds shall be administered by the Administrator of General
Services to support Government-wide financial, informa-
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tion technology, procurement, and other management inno-
vations, initiatives, and activities, as approved by the Di-
rector of the Office of Management and Budget, in consulta-
tion with the appropriate interagency groups designated by
the Director (including the Chief Financial Officers Council
and the Joint Financial Management Improvement Pro-
gram for financial management initiatives, the Chief Infor-
mation Officers Council for information technology initia-
tives, and the Procurement Executives Council for procure-
ment initiatives). The total funds transferred or reimbursed
shall not exceed $17,000,000. Such transfers or reimburse-
ments may only be made 15 days following notification of
the Committees on Appropriations by the Director of the
Office of Management and Budget.
SEC. 630. Notwithstanding any other provision of law,
a woman may breastfeed her child at any location in a
Federal building or on Federal property, if the woman and
her child are otherwise authorized to be present at the loca-
tion.
SEC. 631. Nothwithstanding section 1346 of title 31,
United States Code, or section 610 of this Act, funds made
available for the current fiscal year by this or any other
Act shall be available for the interagency funding of specific
projects, workshops, studies, and similar efforts to carry out
the purposes of the National Science and Technology Coun-
974
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cil (authorized by Executive Order No. 12881), which ben-
efit multiple Federal departments, agencies, or entities:
Provided, That the Office of Management and Budget shall
provide a report describing the budget of and resources con-
nected with the National Science and Technology Council
to the Committees on Appropriations, the House Committee
on Science; and the Senate Committee on Commerce,
Science, and Transportation 90 days after enactment of this
Act.
SEC. 632. Any request for proposals, solicitation, grant
application, form, notification, press release, or other publi-
cations involving the distribution of Federal funds shall in-
dicate the agency providing the funds and the amount pro-
vided. This provision shall apply to direct payments, for-
mula funds, and grants received by a State receiving Fed-
eral funds.
SEC. 633. Section 403(f) of Public Law 103–356 (31
U.S.C. 501 note) is amended by striking ‘‘October 1, 2002’’
and inserting ‘‘October 1, 2003’’.
SEC. 634. (a) PROHIBITION
OF FEDERAL AGENCY
MONITORING
OF PERSONAL INFORMATION
ON USE
OF
INTERNET.—None of the funds made available in this or
any other Act may be used by any Federal agency—
(1) to collect, review, or create any aggregate list,
derived from any means, that includes the collection
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of any personally identifiable information relating to
an individual’s access to or use of any Federal Gov-
ernment Internet site of the agency; or
(2) to enter into any agreement with a third
party (including another government agency) to col-
lect, review, or obtain any aggregate list, derived from
any means, that includes the collection of any person-
ally identifiable information relating to an individ-
ual’s access to or use of any nongovernmental Internet
site.
(b) EXCEPTIONS.—The limitations established in sub-
section (a) shall not apply to—
(1) any record of aggregate data that does not
identify particular persons;
(2) any voluntary submission of personally iden-
tifiable information;
(3) any action taken for law enforcement, regu-
latory, or supervisory purposes, in accordance with
applicable law; or
(4) any action described in subsection (a)(1) that
is a system security action taken by the operator of
an Internet site and is necessarily incident to the ren-
dition of the Internet site services or to the protection
of the rights or property of the provider of the Inter-
net site.
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(c) DEFINITIONS.—For the purposes of this section:
(1) The term ‘‘regulatory’’ means agency actions
to implement, interpret or enforce authorities pro-
vided in law.
(2) The term ‘‘supervisory’’ means examinations
of the agency’s supervised institutions, including as-
sessing safety and soundness, overall financial condi-
tion, management practices and policies and compli-
ance with applicable standards as provided in law.
SEC. 635. (a) None of the funds appropriated by this
Act may be used to enter into or renew a contract which
includes a provision providing prescription drug coverage,
except where the contract also includes a provision for con-
traceptive coverage.
(b) Nothing in this section shall apply to a contract
with—
(1) any of the following religious plans:
(A) Personal Care’s HMO; and
(B) OSF Health Plans, Inc.; and
(2) any existing or future plan, if the carrier for
the plan objects to such coverage on the basis of reli-
gious beliefs.
(c) In implementing this section, any plan that enters
into or renews a contract under this section may not subject
any individual to discrimination on the basis that the indi-
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vidual refuses to prescribe or otherwise provide for contra-
ceptives because such activities would be contrary to the in-
dividual’s religious beliefs or moral convictions.
(d) Nothing in this section shall be construed to require
coverage of abortion or abortion-related services.
SEC. 636. The Congress of the United States recognizes
the United States Anti-Doping Agency (USADA) as the of-
ficial anti-doping agency for Olympic, Pan American, and
Paralympic sport in the United States.
SEC. 637. (a) The adjustment in rates of basic pay
for the statutory pay systems that takes effect in fiscal year
2003 under sections 5303 and 5304 of title 5, United States
Code, shall be an increase of 4.1 percent.
(b) Funds used to carry out this section shall be paid
from appropriations which are made to each applicable de-
partment or agency for salaries and expenses for fiscal year
2003.
SEC. 638. Not later than 6 months after the date of
enactment of this Act, the Inspector General of each appli-
cable department or agency shall submit to the Committee
on Appropriations a report detailing what policies and pro-
cedures are in place for each department or agency to give
first priority to the location of new offices and other facili-
ties in rural areas, as directed by the Rural Development
Act of 1972.
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SEC. 639. DEFERRAL OF EXPIRATION DATE OF INFOR-
MATION SECURITY REQUIREMENTS. Section 3536 of title 44,
United States Code, is amended by striking ‘‘the date that
is two years after the date on which this subchapter takes
effect’’ and inserting ‘‘December 31, 2003’’.
SEC. 640. UNITED STATES POSTAL SERVICE. (a) The
United States Postal Service (USPS) is required under title
5, chapter 83, United States Code, to fund Civil Service
Retirement System benefits attributable to USPS employ-
ment since 1971.
(b) The Office of Personnel Management has reviewed
the USPS financing of the Civil Service Retirement System
and determined current law payments overfund USPS li-
ability.
(c) Therefore, it is the Sense of the Senate that the Con-
gress should address the USPS funding of the Civil Service
Retirement System pension benefits.
SEC. 641. SALARIES. No funds shall be used to pay
any Federal employee or any employee, member or chair-
person of any Federal commission, board, committee, or
council an annual salary in excess of the annual salary
of the President of the United States.
SEC. 642. SENSE OF CONGRESS ON PAY PARITY. It
is the sense of Congress that there should be parity between
the adjustments in the compensation of members of the uni-
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HJ 2 EAS
formed services and the adjustments in the compensation
of civilian employees of the United States, including blue
collar Federal employees paid under the Federal Wage Sys-
tem.
SEC. 643. While nothing in this section shall prevent
any agency of the executive branch from subjecting work
performed by Federal Government employees or private
contractors to public-private competition or conversions,
none of the funds made available in this Act may be used
by an agency of the executive branch to establish, apply,
or enforce any numerical goal, target, or quota for sub-
jecting the employees of the executive agency to public-pri-
vate competitions or for converting such employees or the
work performed by such employees to private contractor
performance under the Office of Management and Budget
Circular A–76 or any other administrative regulation, di-
rective, or policy unless the goal, target, or quota is based
on considered research and sound analysis of past activities
and is consistent with the stated mission of the executive
agency. Nothing in this section shall limit the use of such
funds for the administration of the Government Perform-
ance and Results Act of 1993 or for the administration of
any other provision of law.
SEC. 644. (a) The Administrator of General Services
shall accept all right, title and interest in the property de-
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HJ 2 EAS
scribed in subsection (b), if written offer therefore (accom-
panied by such proof of title, property descriptions and
other information as the Administration may require) is
received by the Administrator from the owner of such prop-
erty within 12 months after the date of the enactment of
this Act.
(b) The property described in this subsection is the
property located at 5401 NW Broken Sound Boulevard,
Boca Raton, Florida and all improvements thereon.
(c) The United States shall pay an amount that does
not exceed $1 in consideration of any right, title, or interest
received by the United States under this section.
This division may be cited as the ‘‘Treasury and Gen-
eral Government Appropriations Act, 2003’’.
DIVISION K—VETERANS AFFAIRS AND HOUSING
AND 
URBAN 
DEVELOPMENT, 
AND 
INDE-
PENDENT AGENCIES APPROPRIATIONS, 2003
Making appropriations for the Departments of Veterans
Affairs and Housing and Urban Development, and
for sundry independent agencies, boards, commis-
sions, corporations, and offices for the fiscal year end-
ing September 30, 2003, and for other purposes.
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
981
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Development, and for sundry independent agencies, boards,
commissions, corporations, and offices for the fiscal year
ending September 30, 2003, 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 be-
half of veterans and a pilot program for disability examina-
tions 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-serv-
ice 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), $28,949,000,000, to remain available until expended:
Provided, That not to exceed $17,138,000 of the amount ap-
propriated under this heading shall be reimbursed to ‘‘Gen-
eral operating expenses’’ and ‘‘Medical care’’ for necessary
expenses in implementing those provisions authorized in the
982
HJ 2 EAS
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 pro-
vided 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 pro-
vided 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), $2,264,808,000, to remain available until ex-
pended: 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 vet-
erans insurance, and veterans mortgage life insurance as
authorized by 38 U.S.C. chapter 19; 70 Stat. 887; 72 Stat.
487, $27,530,000, to remain available until expended.
983
HJ 2 EAS
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 2003, within the resources available, not to exceed
$300,000 in gross obligations for direct loans are authorized
for specially adapted housing loans.
In addition, for administrative expenses to carry out
the direct and guaranteed loan programs, $168,207,000,
which may be transferred to and merged with the appro-
priation for ‘‘General operating expenses’’.
EDUCATION LOAN FUND PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For the cost of direct loans, $1,000, as authorized by
38 U.S.C. 3698, as amended: Provided, That such costs, in-
cluding the cost of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974, as
amended: Provided further, That these funds are available
to subsidize gross obligations for the principal amount of
direct loans not to exceed $3,400.
984
HJ 2 EAS
In addition, for administrative expenses necessary to
carry out the direct loan program, $70,000, which may be
transferred to and merged with the appropriation for ‘‘Gen-
eral operating expenses’’.
VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For the cost of direct loans, $55,000, as authorized by
38 U.S.C. chapter 31, as amended: Provided, That such
costs, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act
of 1974, as amended: Provided further, That funds made
available under this heading are available to subsidize gross
obligations for the principal amount of direct loans not to
exceed $3,626,000.
In addition, for administrative expenses necessary to
carry out the direct loan program, $289,000, 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, sub-
chapter V, as amended, $558,000, which may be transferred
to and merged with the appropriation for ‘‘General oper-
ating expenses’’.
985
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GUARANTEED TRANSITIONAL HOUSING LOANS FOR
HOMELESS VETERANS PROGRAM ACCOUNT
For the administrative expenses to carry out the guar-
anteed transitional housing loan program authorized by 38
U.S.C. chapter 37, subchapter VI, not to exceed $750,000
of the amounts appropriated by this Act for ‘‘General oper-
ating expenses’’ and ‘‘Medical care’’ may be expended.
VETERANS HEALTH ADMINISTRATION
MEDICAL CARE
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses for the maintenance and oper-
ation of hospitals, nursing homes, and domiciliary facili-
ties; for furnishing, as authorized by law, inpatient and
outpatient care and treatment to beneficiaries of the De-
partment of Veterans Affairs, including care and treatment
in facilities not under the jurisdiction of the department;
and furnishing recreational facilities, supplies, and equip-
ment; funeral, burial, and other expenses incidental thereto
for beneficiaries receiving care in the department; adminis-
trative expenses in support of planning, design, project
management, real property acquisition and disposition,
construction and renovation of any facility under the juris-
diction or for the use of the department; oversight, engineer-
ing and architectural activities not charged to project cost;
repairing, altering, improving or providing facilities in the
several hospitals and homes under the jurisdiction of the
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HJ 2 EAS
department, not otherwise provided for, either by contract
or by the hire of temporary employees and purchase of ma-
terials; uniforms or allowances therefor, as authorized by
5 U.S.C. 5901–5902; aid to State homes as authorized by
38 U.S.C. 1741; administrative and legal expenses of the
department for collecting and recovering amounts owed the
department as authorized under 38 U.S.C. chapter 17, and
the Federal Medical Care Recovery Act, 42 U.S.C. 2651 et
seq., $23,889,304,000, plus reimbursements: Provided, That,
notwithstanding any other provision of law, the Secretary
of Veterans Affairs may establish a priority for treatment
for veterans who are service-connected disabled, lower in-
come, or have special needs: Provided further, That of the
funds made available under this heading, $500,000,000 is
for the equipment and land and structures object classifica-
tions only, which amount shall not become available for ob-
ligation until August 1, 2003, and shall remain available
until September 30, 2004: Provided further, That of the
funds made available under this heading, not to exceed
$900,000,000 shall be available until September 30, 2004:
Provided further, That of the funds made available under
this heading for non-recurring maintenance and repair
(NRM) activities, $15,000,000 shall be available without
fiscal year limitation to support the NRM activities nec-
essary to implement Capital Asset Realignment for En-
987
HJ 2 EAS
hanced Services (CARES) activities: Provided further, That
from amounts appropriated under this heading, additional
amounts, as designated by the Secretary no later than Sep-
tember 30, 2002, may be used for CARES activities without
fiscal year limitation: Provided further, That the Secretary
of Veterans Affairs shall conduct by contract a program of
recovery audits for the fee basis and other medical services
contracts with respect to payments for hospital care; and,
notwithstanding 31 U.S.C. 3302(b), amounts collected, by
setoff or otherwise, as the result of such audits shall be avail-
able, without fiscal year limitation, for the purposes for
which funds are appropriated under this heading and the
purposes of paying a contractor a percent of the amount
collected as a result of an audit carried out by the con-
tractor: Provided further, That all amounts so collected
under the preceding proviso with respect to a designated
health care region (as that term is defined in 38 U.S.C.
1729A(d)(2)) shall be allocated, net of payments to the con-
tractor, to that region.
MEDICAL CARE COLLECTIONS FUND
(INCLUDING TRANSFER OF FUNDS)
Amounts deposited during the current fiscal year in
the Department of Veterans Affairs Medical Care Collec-
tions Fund under section 1729A of title 38, United States
Code, may be transferred to ‘‘Medical care’’, to remain
available until expended.
988
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MEDICAL AND PROSTHETIC RESEARCH
For necessary expenses in carrying out programs of
medical and prosthetic research and development as author-
ized by 38 U.S.C. chapter 73, to remain available until
September 30, 2004, $400,000,000, plus reimbursements.
MEDICAL ADMINISTRATION AND MISCELLANEOUS
OPERATING EXPENSES
For necessary expenses in the administration of the
medical, hospital, nursing home, domiciliary, construction,
supply, and research activities, as authorized by law; ad-
ministrative expenses in support of capital policy activities,
$69,716,000, of which $3,861,000 shall be available until
September 30, 2004, plus reimbursements: Provided, That
technical and consulting services offered by the Facilities
Management Field Support Service, including project man-
agement and real property administration (including
leases, site acquisition and disposal activities directly sup-
porting projects), shall be provided to Department of Vet-
erans Affairs components only on a reimbursable basis, and
such amounts will remain available until September 30,
2003.
DEPARTMENTAL ADMINISTRATION
GENERAL OPERATING EXPENSES
For necessary operating expenses of the Department of
Veterans Affairs, not otherwise provided for, including ad-
ministrative expenses in support of Department-wide cap-
989
HJ 2 EAS
ital planning, management and policy activities, uniforms
or allowances therefor; not to exceed $25,000 for official re-
ception and representation expenses; hire of passenger
motor vehicles; and reimbursement of the General Services
Administration for security guard services, and the Depart-
ment of Defense for the cost of overseas employee mail,
$1,256,418,000: Provided, That expenses for services and as-
sistance authorized under 38 U.S.C. 3104(a)(1), (2), (5),
and (11) that the Secretary determines are necessary to en-
able 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 fur-
ther, That of the funds made available under this heading,
not to exceed $65,800,000 shall be available for obligation
until September 30, 2004: Provided further, That from the
funds made available under this heading, the Veterans Ben-
efits Administration may purchase up to two passenger
motor vehicles for use in operations of that Administration
in Manila, Philippines: Provided further, That travel ex-
penses for this account shall not exceed $17,082,000.
NATIONAL CEMETERY ADMINISTRATION
For necessary expenses of the National Cemetery Ad-
ministration for operations and maintenance, not otherwise
provided for, including uniforms or allowances therefor;
cemeterial expenses as authorized by law; purchase of one
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passenger motor vehicle for use in cemeterial operations;
and hire of passenger motor vehicles, $133,149,000, of which
$6,912,000 shall be available until September 30, 2004.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector Gen-
eral in carrying out the provisions of the Inspector General
Act of 1978, as amended, $55,000,000, to remain available
until September 30, 2004.
CONSTRUCTION, MAJOR PROJECTS
For constructing, altering, extending and improving
any of the facilities under the jurisdiction or for the use
of the Department of Veterans Affairs, or for any of the
purposes set forth in sections 316, 2404, 2406, 8102, 8103,
8106, 8108, 8109, 8110, and 8122 of title 38, United States
Code, including planning, architectural and engineering
services, maintenance or guarantee period services costs as-
sociated with equipment guarantees provided under the
project, services of claims analysts, offsite utility and storm
drainage system construction costs, and site acquisition,
where the estimated cost of a project is $4,000,000 or more
or where funds for a project were made available in a pre-
vious major project appropriation, $144,790,000, to remain
available until expended, of which $5,000,000 shall be for
Capital Asset Realignment for Enhanced Services (CARES)
activities; and of which $10,000,000 shall be to make reim-
bursements as provided in 41 U.S.C. 612 for claims paid
991
HJ 2 EAS
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 devel-
opment and management activities, and investment strat-
egy studies funded through the advance planning fund and
the planning and design activities funded through the de-
sign 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 pro-
vided in this appropriation for fiscal year 2003, for each
approved project (except those for CARES activities ref-
erenced above) shall be obligated: (1) by the awarding of
a construction documents contract by September 30, 2003;
and (2) by the awarding of a construction contract by Sep-
tember 30, 2004: Provided further, That the Secretary of
Veterans Affairs shall promptly report in writing to the
Committees on Appropriations any approved major con-
struction project in which obligations are not incurred
within the time limitations established above: Provided fur-
ther, That no funds from any other account except the
‘‘Parking revolving fund’’, may be obligated for con-
structing, altering, extending, or improving a project which
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HJ 2 EAS
was approved in the budget process and funded in this ac-
count until one year after substantial completion and bene-
ficial occupancy by the Department of Veterans Affairs of
the project or any part thereof with respect to that part
only.
CONSTRUCTION, MINOR PROJECTS
For constructing, altering, extending, and improving
any of the facilities under the jurisdiction or for the use
of the Department of Veterans Affairs, including planning
and assessments of needs which may lead to capital invest-
ments, architectural and engineering services, maintenance
or guarantee period services costs associated with equipment
guarantees provided under the project, services of claims an-
alysts, offsite utility and storm drainage system construc-
tion costs, and site acquisition, or for any of the purposes
set forth in sections 316, 2404, 2406, 8102, 8103, 8106,
8108, 8109, 8110, 8122, and 8162 of title 38, United States
Code, where the estimated cost of a project is less than
$4,000,000, $210,700,000, to remain available until ex-
pended, along with unobligated balances of previous ‘‘Con-
struction, minor projects’’ appropriations which are hereby
made available for any project where the estimated cost is
less than $4,000,000, of which $35,000,000 shall be for Cap-
ital Asset Realignment for Enhanced Services (CARES) ac-
tivities: Provided, That from amounts appropriated under
this heading, additional amounts may be used for CARES
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activities upon notification of and approval by the Commit-
tees on Appropriations: Provided further, That funds in this
account shall be available for: (1) repairs to any of the non-
medical facilities under the jurisdiction or for the use of
the department which are necessary because of loss or dam-
age caused by any natural disaster or catastrophe; and (2)
temporary measures necessary to prevent or to minimize
further loss by such causes.
PARKING REVOLVING FUND
For the parking revolving fund as authorized by 38
U.S.C. 8109, income from fees collected, to remain available
until expended, which shall be available for all authorized
expenses except operations and maintenance costs, which
will be funded from ‘‘Medical care’’.
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 re-
model, 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,
$100,000,000, 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
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U.S.C. 2408, $32,000,000, to remain available until ex-
pended.
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFER OF FUNDS)
SEC. 101. Any appropriation for fiscal year 2003 for
‘‘Compensation and pensions’’, ‘‘Readjustment benefits’’,
and ‘‘Veterans insurance and indemnities’’ may be trans-
ferred to any other of the mentioned appropriations.
SEC. 102. Appropriations available to the Department
of Veterans Affairs for fiscal year 2003 for salaries and ex-
penses shall be available for services authorized by 5 U.S.C.
3109.
SEC. 103. No appropriations in this Act for the De-
partment of Veterans Affairs (except the appropriations for
‘‘Construction, major projects’’, ‘‘Construction, minor
projects’’, and the ‘‘Parking revolving fund’’) shall be avail-
able for the purchase of any site for or toward the construc-
tion of any new hospital or home.
SEC. 104. No appropriations in this Act for the De-
partment of Veterans Affairs shall be available for hos-
pitalization or examination of any persons (except bene-
ficiaries 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 reim-
bursement of cost is made to the ‘‘Medical care’’ account
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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 2003 for ‘‘Compensation
and pensions’’, ‘‘Readjustment benefits’’, and ‘‘Veterans in-
surance and indemnities’’ shall be available for payment
of prior year accrued obligations required to be recorded
by law against the corresponding prior year accounts with-
in the last quarter of fiscal year 2002.
SEC. 106. Appropriations accounts available to the De-
partment 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 ac-
counts they shall be payable from ‘‘Compensation and pen-
sions’’.
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 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:
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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 deter-
mined reserves have been set aside: Provided further, That
if the cost of administration of an insurance program ex-
ceeds 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 Sec-
retary shall determine the cost of administration for fiscal
year 2003 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 Fran-
chise Fund pilot program authorized to be established by
section 403 of Public 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 en-
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hanced-use lease services, may be obligated during the fiscal
year in which the proceeds are received.
SEC. 110. Funds available in any Department of Vet-
erans 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 services provided at rates which will
recover actual costs but not exceed $29,318,000 for the Office
of Resolution Management and $3,010,000 for the Office of
Employment and Discrimination Complaint Adjudication:
Provided, That payments may be made in advance for serv-
ices to be furnished based on estimated costs: Provided fur-
ther, That amounts received shall be credited to ‘‘General
operating expenses’’ for use by the office that provided the
service.
SEC. 111. (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 Improvement 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.
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time before the effectiveness of final regulations issued by
the Secretary under section 6(j) of the United States Hous-
ing Act of 1937 (42 U.S.C. 1437d(j)) providing for assess-
ment of public housing agencies and designation of high-
performing agencies, any amounts made available under
the public housing Capital Fund for fiscal year 1999, 2000,
2001, 2002, or 2003 remain unobligated in violation of
paragraph (1) of such section 9(j) or unexpended in viola-
tion of paragraph (5)(A) of such section 9(j), the Secretary
shall recapture any such amounts and reallocate such
amounts among public housing agencies that, at the time
of such reallocation, are not in violation of any requirement
under paragraph (1) or (5)(A) of such section: Provided fur-
ther, That for purposes of this heading, the term ‘‘obligate’’
means, with respect to amounts, that the amounts are sub-
ject to a binding agreement that will result in outlays im-
mediately or in the future: Provided further, That of the
total amount provided under this heading, up to
$54,000,000 shall be for carrying out activities under sec-
tion 9(h) of such Act, of which up to $13,000,000 shall be
for the provision of remediation services to public housing
agencies identified as ‘‘troubled’’ under the Section 8 Man-
agement Assessment Program and for surveys used to cal-
culate local Fair Market Rents and assess housing condi-
tions in connection with rental assistance under section 8
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of the Act: Provided further, That of the total amount pro-
vided under this heading, up to $500,000 shall be for lease
adjustments to section 23 projects, and no less than
$18,600,000 shall be transferred to the Working Capital
Fund for the development and maintenance of information
technology systems: Provided further, That no funds may
be used under this heading for the purposes specified in sec-
tion 9(k) of the United States Housing Act of 1937, as
amended: Provided further, That of the total amount pro-
vided under this heading, up to $75,000,000 shall be avail-
able for the Secretary of Housing and Urban Development
to make grants to public housing agencies for emergency
capital needs resulting from emergencies and natural disas-
ters in fiscal year 2003: Provided further, That of the total
amount provided under this heading, $15,000,000 shall be
for a Neighborhood Networks initiative for activities author-
ized in section 9(d)(1)(E) of the United States Housing Act
of 1937, as amended: Provided further, That notwith-
standing any other provision of law, amounts made avail-
able in the previous proviso shall be awarded to public hous-
ing agencies on a competitive basis as provided in section
102 of the Department of Housing and Urban Development
Reform Act of 1989: Provided further, That of the total
amount provided under this heading, up to $100,000,000
shall be made available to public housing agencies for use