H. J. Res. 2—462
soundness, overall financial condition, management practices
and policies and compliance with applicable standards as pro-
vided 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 contraceptive 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 religious beliefs.
(c) In implementing this section, any plan that enters into
or renews a contract under this section may not subject any indi-
vidual to discrimination on the basis that the individual refuses
to prescribe or otherwise provide for contraceptives because such
activities would be contrary to the individual’s religious beliefs
or moral convictions.
(d) Nothing in this section shall be construed to require cov-
erage of abortion or abortion-related services.
SEC. 636. The Congress of the United States recognizes the
United States Anti-Doping Agency (USADA) as the official 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 and shall be effective as of the first
day of the first applicable pay period beginning on or after January
1, 2003.
(b) Funds used to carry out this section shall be paid from
appropriations which are made to each applicable department 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 applicable department
or agency shall submit to the Committee on Appropriations a report
detailing what policies and procedures are in place for each depart-
ment or agency to give first priority to the location of new offices
and other facilities in rural areas, as directed by the Rural Develop-
ment Act of 1972.
SEC. 639. 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 employment 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 liability.
(c) Therefore, it is the Sense of the Congress that the Congress
should address the USPS funding of the Civil Service Retirement
System pension benefits.
SEC. 640. 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 uniformed services and
the adjustments in the compensation of civilian employees of the
United States, including blue collar Federal employees paid under
the Federal Wage System.
H. J. Res. 2—463
SEC. 641. (a) IN GENERAL.—The Administrator of General Serv-
ices shall accept all right, title and interest in the property described
in subsection (b)—
(1) if written offer therefor (accompanied 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 property within 12 months after the
date of enactment of this Act;
(2) if all liability with respect to such property and the
owner of such property will remain with the owner;
(3) if the private sector is unable to dispose of contaminants
in the building on such property;
(4) if the Administrator determines that a significant public
health risk exists from such property; and
(5) if the Administrator identifies an appropriate Federal
agency to accept all right, title, and interest in such property.
(b) PROPERTY LOCATION.—The property described in this sub-
section is the property located at 5401 NW Broken Sound Boulevard,
Boca Raton, Florida, and all improvements thereon.
(c) CONSIDERATION.—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.
(d) REPORT.—Not later than 270 days after the date of enact-
ment of this Act, the Administrator shall transmit to Congress
a comprehensive report describing the efforts made by the Adminis-
trator to fulfill the conditions described in subsection (a).
SEC. 642. (a) Notwithstanding paragraph (17) of subsection
(a) of the Policemen and Firemen’s Retirement and Disability Act
(sec. 5–701(17), D.C. Official Code) or any other provision of such
Act to the contrary, for purposes of determining the amount of
an annuity required to be paid under such Act with respect to
a United States Secret Service member who retired during the
period from November 1, 1994, through October 29, 1995 and who
received availability pay under 5 U.S.C. 5545a during that period,
the member’s average pay shall be computed as if the member
received availability pay for the 12 consecutive months during which
the highest salary was earned prior to retirement.
(b) Subsection (a) shall apply with respect to an annuity paid—
(1) on or after November 1, 1994, in the case of a survivor’s
annuity paid with respect to a Secret Service member described
in subsection (a); or
(2) on or after October 1, 2002, with respect to a Secret
Service member described in subsection (a).
SEC. 643. Section 902(b) of the Law Enforcement Pay Equity
Act of 2000 (as enacted into law by Public Law 106–554), shall
cease to be effective on the first day of the first pay period on
or after January 1, 2003.
SEC. 644. No funds appropriated under this Act or any other
Act with respect to any fiscal year shall be available to take any
action based upon any provision of 5 U.S.C. 552 with respect to
records collected or maintained pursuant to 18 U.S.C. 846(b),
923(g)(3) or 923(g)(7), or provided by Federal, State, local, or foreign
law enforcement agencies in connection with arson or explosives
incidents or the tracing of a firearm, except that such records
may continue to be disclosed to the extent and in the manner
H. J. Res. 2—464
that records so collected, maintained, or obtained have been dis-
closed under 5 U.S.C. 552 prior to the date of the enactment
of this Act.
SEC. 645. (a) Section 9505(d) of title 5, United States Code,
is amended by striking the second sentence and inserting the fol-
lowing: ‘‘Such amount may not exceed the maximum amount which
would be allowable under paragraph (3) of section 5384(b) if such
paragraph were applied by substituting ‘the Internal Revenue
Service’ for ‘an agency’. ’’.
(b) The amendment made by subsection (a) shall apply with
respect to fiscal years beginning after September 30, 2002.
SEC. 646. None of the funds made available in this Act may
be used to finalize, implement, administer, or enforce—
(1) the proposed rule relating to the determination that
real estate brokerage is an activity that is financial in nature
or incidental to a financial activity published in the Federal
Register on January 3, 2001 (66 Fed. Reg. 307 et seq.); or
(2) the revision proposed in such rule to section 1501.2
of title 12 of the Code of Federal Regulations.
SEC. 647. 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 com-
petition 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 subjecting
the employees of the executive agency to public-private 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, directive, 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 Performance and Results Act
of 1993 or for the administration of any other provision of law.
SEC. 648. (a) Section 8335(a) of title 5, United States Code,
is amended by striking ‘‘8336’’ and inserting ‘‘8336(e)’’.
(b) The amendment made by subsection (a) shall be effective
as of January 1, 2003.
This division may be cited as the ‘‘Treasury and General
Government Appropriations Act, 2003’’.
DIVISION K—VETERANS AFFAIRS AND HOUSING AND
URBAN DEVELOPMENT, AND INDEPENDENT AGENCIES
APPROPRIATIONS, 2003
JOINT RESOLUTION
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, 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
Veterans Affairs and Housing and Urban Development, and for
sundry independent agencies, boards, commissions, corporations,
H. J. Res. 2—465
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 behalf of
veterans and a pilot program for disability examinations as author-
ized 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 provi-
sions 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 avail-
able until expended: Provided, That not to exceed $17,138,000 of
the amount appropriated under this heading shall be reimbursed
to ‘‘General operating expenses’’ and ‘‘Medical care’’ for necessary
expenses in implementing those provisions authorized in the Omni-
bus 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 pen-
sions’’ 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 pen-
sioners 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 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 insur-
ance, 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, $27,530,000, to remain
available until expended.
H. J. Res. 2—466
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 trans-
ferred to and merged with the appropriation for ‘‘General operating
expenses’’.
EDUCATION LOAN FUND PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For the cost of direct loans, $1,000, as authorized by 38 U.S.C.
3698, as amended: Provided, That such costs, including the cost
of modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974, as amended: Provided fur-
ther, That these funds are available to subsidize gross obligations
for the principal amount of direct loans not to exceed $3,400.
In addition, for administrative expenses necessary to carry
out the direct loan program, $70,000, which may be transferred
to and merged with the appropriation for ‘‘General operating
expenses’’.
VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For the cost of direct loans, $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 pro-
gram authorized by 38 U.S.C. chapter 37, subchapter V, as
amended, $558,000, which may be transferred to and merged with
the appropriation for ‘‘General operating expenses’’: Provided, That
no new loans in excess of $5,000,000 may be made in fiscal year
2003.
H. J. Res. 2—467
GUARANTEED TRANSITIONAL HOUSING LOANS FOR HOMELESS
VETERANS PROGRAM ACCOUNT
For the administrative expenses to carry out the guaranteed
transitional housing loan program authorized by 38 U.S.C. chapter
37, subchapter VI, not to exceed $750,000 of the amounts appro-
priated by this Act for ‘‘General operating expenses’’ and ‘‘Medical
care’’ may be expended.
VETERANS HEALTH ADMINISTRATION
MEDICAL CARE
For necessary expenses for the maintenance and operation of
hospitals, nursing homes, and domiciliary facilities; for furnishing,
as authorized by law, inpatient and outpatient care and treatment
to beneficiaries of the Department of Veterans Affairs, including
care and treatment in facilities not under the jurisdiction of the
department; and furnishing recreational facilities, supplies, and
equipment; funeral, burial, and other expenses incidental thereto
for beneficiaries receiving care in the department; administrative
expenses in support of planning, design, project management, real
property acquisition and disposition, construction and renovation
of any facility under the jurisdiction or for the use of the depart-
ment; oversight, engineering and architectural activities not charged
to project cost; repairing, altering, improving or providing facilities
in the several hospitals and homes under the jurisdiction of the
department, not otherwise provided for, either by contract or by
the hire of temporary employees and purchase of materials; uni-
forms or allowances therefor, as authorized by 5 U.S.C. 5901–
5902; aid to State homes as authorized by 38 U.S.C. 1741; adminis-
trative 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: Pro-
vided, That, notwithstanding any other provision of law, the Sec-
retary of Veterans Affairs may establish a priority for treatment
for veterans who are service-connected disabled, lower income, or
have special needs: Provided further, That of the funds made avail-
able under this heading, not to exceed $900,000,000 shall be avail-
able until September 30, 2004: Provided further, That the Secretary
of Veterans Affairs shall conduct by contract a program of recovery
audits for the fee basis and other medical services contracts with
respect to payments for hospital care; and, notwithstanding 31
U.S.C. 3302(b), amounts collected, by setoff or otherwise, as the
result of such audits shall be available, without fiscal year limita-
tion, for the purposes for which funds are appropriated under
this heading and the purposes of paying a contractor a percent
of the amount collected as a result of an audit carried out by
the contractor: Provided further, That all amounts so collected under
the preceding proviso with respect to a designated health care
region (as that term is defined in 38 U.S.C. 1729A(d)(2)) shall
be allocated, net of payments to the contractor, to that region.
H. J. Res. 2—468
MEDICAL CARE COLLECTIONS FUND
(INCLUDING TRANSFER OF FUNDS)
Amounts deposited during the current fiscal year in the Depart-
ment of Veterans Affairs Medical Care Collections Fund under
section 1729A of title 38, United States Code, may be transferred
to ‘‘Medical care’’, to remain available until expended.
MEDICAL AND PROSTHETIC RESEARCH
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses in carrying out programs of medical
and prosthetic research and development as authorized by 38 U.S.C.
chapter 73, to remain available until September 30, 2004,
$400,000,000, plus reimbursements: Provided, That of the funds
available under this heading $5,000,000 shall be transferred to
‘‘Medical care’’ for research oversight activities.
MEDICAL ADMINISTRATION AND MISCELLANEOUS OPERATING
EXPENSES
For necessary expenses in the administration of the medical,
hospital, nursing home, domiciliary, construction, supply, and
research activities, as authorized by law; administrative expenses
in support of capital policy activities, $74,716,000, of which
$3,000,000 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 management and real property administration
(including leases, site acquisition and disposal activities directly
supporting projects), shall be provided to Department of Veterans
Affairs components only on a reimbursable basis, and such amounts
will remain available until September 30, 2003.
DEPARTMENTAL ADMINISTRATION
GENERAL OPERATING EXPENSES
For necessary operating expenses of the Department of Vet-
erans Affairs, not otherwise provided for, including administrative
expenses in support of department-wide capital planning, manage-
ment 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 Depart-
ment of Defense for the cost of overseas employee mail,
$1,254,000,000: 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 Administra-
tion shall be funded at not less than $992,100,000: 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,
2004: Provided further, That from the funds made available under
H. J. Res. 2—469
this heading, the Veterans Benefits Administration may purchase
up to two passenger motor vehicles for use in operations of that
Administration in Manila, Philippines: Provided further, That travel
expenses for this account shall not exceed $17,082,000.
NATIONAL CEMETERY ADMINISTRATION
For necessary expenses of the National Cemetery Administra-
tion 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,
$133,149,000, of which $6,000,000 shall be available until Sep-
tember 30, 2004.
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, $58,000,000, 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 associated with equipment guarantees provided under the
project, services of claims analysts, offsite utility and storm drainage
system construction costs, and site acquisition, where the estimated
cost of a project is $4,000,000 or more or where funds for a project
were made available in a previous major project appropriation,
$99,777,000, 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 reimbursements as provided in 41 U.S.C. 612 for claims
paid for contract disputes: Provided, That except for advance plan-
ning 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 2003, for each approved project
(except those for CARES activities referenced above) shall be obli-
gated: (1) by the awarding of a construction documents contract
by September 30, 2003; and (2) by the awarding of a construction
contract by September 30, 2004: Provided further, That the Sec-
retary of Veterans Affairs shall promptly report in writing to the
Committees on Appropriations any approved major construction
H. J. Res. 2—470
project in which obligations are not incurred within the time limita-
tions established above: Provided further, That no funds from any
other account except the ‘‘Parking revolving fund’’, may be obligated
for constructing, altering, extending, or improving a project which
was approved in the budget process and funded in this account
until 1 year after substantial completion and beneficial occupancy
by the Department of Veterans Affairs of the project or any part
thereof with respect to that part only.
CONSTRUCTION, MINOR PROJECTS
For constructing, altering, extending, and improving any of
the facilities under the jurisdiction or for the use of the Department
of Veterans Affairs, including planning and assessments of needs
which may lead to capital investments, architectural and
engineering services, maintenance or guarantee period services
costs associated with equipment guarantees provided under the
project, services of claims analysts, offsite utility and storm drainage
system construction costs, and site acquisition, or for any of the
purposes set forth in sections 316, 2404, 2406, 8102, 8103, 8106,
8108, 8109, 8110, 8122, and 8162 of title 38, United States Code,
where the estimated cost of a project is less than $4,000,000,
$226,000,000, to remain available until expended, along with unobli-
gated balances of previous ‘‘Construction, minor projects’’ appropria-
tions which are hereby made available for any project where the
estimated cost is less than $4,000,000, of which $35,000,000 shall
be for Capital Asset Realignment for Enhanced Services (CARES)
activities: Provided, That from amounts appropriated under this
heading, additional amounts may be used for CARES activities
upon notification of and approval by the Committees on Appropria-
tions: Provided further, That funds in this account shall be available
for: (1) repairs to any of the nonmedical facilities under the jurisdic-
tion or for the use of the department which are necessary because
of loss or damage caused by any natural disaster or catastrophe;
and (2) temporary measures necessary to prevent or to minimize
further loss by such causes.
PARKING REVOLVING FUND
For the parking revolving fund as authorized by 38 U.S.C.
8109, income from fees collected, to remain available until expended,
which shall be available for all authorized expenses except oper-
ations 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 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, $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 U.S.C.
2408, $32,000,000, to remain available until expended.