Pub.L. 104-205 Making appropriations for the Department of Transportation and related agencies for the fiscal year ending September 30, 1997, and for other purposes. <> ...

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[[Page 2873]]

 DEPARTMENTS OF VETERANS AFFAIRS AND HOUSING AND URBAN DEVELOPMENT, AND 
              INDEPENDENT AGENCIES APPROPRIATIONS ACT, 1997

[[Page 110 STAT. 2874]]

Public Law 104-204
104th Congress

                                 An Act


 
   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, 1997, and for other purposes. <<NOTE: Sept. 26, 
                         1996 -  [H.R. 3666]>> 

    Be it enacted by the Senate and <<NOTE: Departments of Veterans 
Affairs and Housing and Urban Development, and Independent Agencies 
Appropriations Act, 1997.>> House of Representatives of the United 
States of America in Congress assembled, That the following sums are 
appropriated, out of any money in the Treasury not otherwise 
appropriated, for the Departments of Veterans Affairs and Housing and 
Urban Development, and for sundry independent agencies, boards, 
commissions, corporations, and offices for the fiscal year ending 
September 30, 1997, and for other purposes, namely:

                                 TITLE I

                     DEPARTMENT OF VETERANS AFFAIRS

                    Veterans Benefits Administration

                        compensation and pensions

                     (including transfers of funds)

    For the payment of compensation benefits to or on behalf of veterans 
as authorized by law (38 U.S.C. 107, chapters 11, 13, 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, as amended, 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); $18,671,259,000, to remain 
available until expended: Provided, That not to exceed $26,417,000 of 
the amount appropriated shall be reimbursed to ``General operating 
expenses'' and ``Medical care'' 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 


[[Page 110 STAT. 2875]]

medical facilities for nursing home care provided to pensioners as 
authorized by the Veterans' Benefits Act of 1992 (38 U.S.C. chapter 55).

                          readjustment benefits

    For the payment of readjustment and rehabilitation benefits to or on 
behalf of veterans as authorized by 38 U.S.C. chapters 21, 30, 31, 34, 
35, 36, 39, 51, 53, 55, and 61, $1,377,000,000, to remain available 
until expended: Provided, That funds shall be available to pay any court 
order, court award or any compromise settlement arising from litigation 
involving the vocational training program authorized by section 18 of 
Public Law 98-77, as amended.

                   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, $38,970,000, to remain available until 
expended.

                 guaranty and indemnity 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.
    In addition, for administrative expenses to carry out the direct and 
guaranteed loan programs, $105,226,000, which may be transferred to and 
merged with the appropriation for ``General operating expenses''.

                      loan guaranty 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.
    In addition, for administrative expenses to carry out the direct and 
guaranteed loan programs, $33,810,000, which may be transferred to and 
merged with the appropriation for ``General operating expenses''.

                       direct loan program account

                      (including transfer of funds)

    For the cost of direct 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,

[[Page 110 STAT. 2876]]

That during 1997, 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 
loan program, $80,000, which may be transferred to and merged with the 
appropriation for ``General operating expenses''.

                   education loan fund program account

                      (including transfer of funds)

    For the cost of direct loans, $1,000, as authorized by 38 U.S.C. 
3698, as amended: Provided, That such costs, including the cost of 
modifying such loans, shall be as defined in section 502 of the 
Congressional Budget Act of 1974, as amended: Provided 
further, That these funds are available to subsidize gross obligations 
for the principal amount of direct loans not to exceed $3,000.
    In addition, for administrative expenses necessary to carry out the 
direct loan program, $195,000, 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, $49,000, 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 
these funds are available to subsidize gross obligations for the 
principal amount of direct loans not to exceed $2,822,000.
    In addition, for administrative expenses necessary to carry out the 
direct loan program, $377,000, 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, $205,000, which may be transferred to and merged with the 
appropriation for ``General operating expenses''.

                     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

[[Page 110 STAT. 2877]]

property acquisition and disposition, construction and renovation of any 
facility under the jurisdiction or for the use of the Department; 
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; 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; and not to exceed $8,000,000 to 
fund cost comparison studies as referred to in 38 U.S.C. 8110(a)(5); 
$17,008,447,000, plus reimbursements: Provided, That of the funds made 
available under this heading, $700,000,000 is for the equipment and land 
and structures object classifications only, which amount shall not 
become available for obligation until August 1, 1997, and shall remain 
available until September 30, 1998.

                     medical and prosthetic research

    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, 1998, $262,000,000, plus 
reimbursements.

       medical administration and miscellaneous operating expenses

    For necessary expenses in the administration of medical, hospital, 
nursing home, domiciliary, construction, supply, and research 
activities, as authorized by law; administrative expenses in support of 
planning, design, project management, architectural, engineering, real 
property acquisition and disposition, construction and renovation of any 
facility under the jurisdiction or for the use of the Department of 
Veterans Affairs, including site acquisition; engineering and 
architectural activities not charged to project cost; and research and 
development in building construction technology; $61,207,000, plus 
reimbursements.

                    transitional housing loan program

                      (including transfer of funds)

    For the cost of direct loans, $7,000, as authorized by Public Law 
102-54, section 8, which shall be transferred from the ``General post 
fund'': Provided, That such costs, including the cost of modifying such 
loans, shall be as defined in section 502 of the Congressional Budget 
Act of 1974, as amended: Provided further, That these funds are 
available to subsidize gross obligations for the principal amount of 
direct loans not to exceed $70,000.
    In addition, for administrative expenses to carry out the direct 
loan program, $54,000, which shall be transferred from the ``General 
post fund'', as authorized by Public Law 102-54, section 8.


[[Page 110 STAT. 2878]]



                       Departmental Administration

                       general operating expenses

    For necessary operating expenses of the Department of Veterans 
Affairs, not otherwise provided for, including 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; $827,584,000: Provided, That during fiscal year 1997, 
notwithstanding any other provision of law, the number of individuals 
employed by the Department of Veterans Affairs (1) in other than 
``career appointee'' positions in the Senior Executive Service shall not 
exceed 6, and (2) in schedule C positions shall not exceed 11: Provided 
further, That funds under this heading shall be available to administer 
the Service Members Occupational Conversion and Training Act.

                        national cemetery system

    For necessary expenses for the maintenance and operation of the 
National Cemetery System, not otherwise provided for, 
including uniforms or allowances therefor; cemeterial expenses as 
authorized by law; purchase of two passenger motor vehicles for use in 
cemeterial operations; and hire of passenger motor vehicles, 
$76,864,000.

                       office of inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the Inspector General Act of 1978, as amended, $30,900,000.

                      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 
$3,000,000 or more or where funds for a project were made available in a 
previous major project appropriation, $250,858,000, of which $32,100,000 
shall be for the replacement hospital at Travis Air Force Base, 
Fairfield, California, and shall not be released for obligation prior to 
January 1, 1998, unless action is taken by the Congress specifically 
making such funds available, and all funds appropriated under the above 
heading are to remain available until expended: Provided, That except 
for advance planning of projects funded through the advance planning 
fund and the design of projects funded through the design fund, none of 
these funds shall be used for any project which has not been considered 
and approved by the Congress in the budgetary process: Provided further, 
That funds provided in this appropriation

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