Pub.L. 107-074 To prevent the elimination of certain reports. <> ...

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[[Page 115 STAT. 651]]

Public Law 107-73
107th 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, 2002, and for other purposes. <<NOTE: Nov. 26, 
                         2001 -  [H.R. 2620]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Departments of 
Veterans Affairs and Housing and Urban Development, and Independent 
Agencies Appropriations Act, 2002.>>  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, 2002, and for other purposes, namely:

                 TITLE I--DEPARTMENT OF VETERANS AFFAIRS

                    Veterans Benefits Administration

                        compensation and pensions

                      (including transfer of funds)

    For the payment of compensation benefits to or on behalf of veterans 
and a pilot program for disability examinations as authorized by law (38 
U.S.C. 107, chapters 11, 13, 18, 51, 53, 55, and 61); pension benefits 
to or on behalf of veterans as authorized by law (38 U.S.C. chapters 15, 
51, 53, 55, and 61; 92 Stat. 2508); and burial benefits, emergency and 
other officers' retirement pay, adjusted-service credits and 
certificates, payment of premiums due on commercial life insurance 
policies guaranteed under the provisions of article IV of the Soldiers' 
and Sailors' Civil Relief Act of 1940 (50 U.S.C. App. 540 et seq.) and 
for other benefits as authorized by law (38 U.S.C. 107, 1312, 1977, and 
2106, chapters 23, 51, 53, 55, and 61; 50 U.S.C. App. 540-548; 43 Stat. 
122, 123; 45 Stat. 735; 76 Stat. 1198), $24,944,288,000, to remain 
available until expended: Provided, That not to exceed $17,940,000 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 Omnibus 
Budget Reconciliation Act of 1990, and in the Veterans' Benefits Act of 
1992 (38 U.S.C. chapters 51, 53, and 55), the funding source for which 
is specifically provided as the ``Compensation and pensions'' 
appropriation: Provided further, That such sums as may be earned on an 
actual qualifying patient basis, shall be reimbursed to ``Medical 
facilities revolving fund'' to augment the funding of individual medical 
facilities for nursing home care provided to pensioners as authorized.

[[Page 115 STAT. 652]]

                          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), $2,135,000,000, to remain available 
until expended: Provided, That expenses for rehabilitation program 
services and assistance which the Secretary is authorized to provide 
under section 3104(a) of title 38, United States Code, other than under 
subsection (a)(1), (2), (5), and (11) of that section, shall be charged 
to this account.

                   veterans insurance and indemnities

    For military and naval insurance, national service life insurance, 
servicemen's indemnities, service-disabled veterans insurance, and 
veterans mortgage life insurance as authorized by 38 U.S.C. chapter 19; 
70 Stat. 887; 72 Stat. 487, $26,200,000, to remain available until 
expended.

          veterans housing benefit program fund program account

                      (including transfer of funds)

    For the cost of direct and guaranteed loans, such sums as may be 
necessary to carry out the program, as authorized by 38 U.S.C. chapter 
37, as amended: Provided, That such costs, including the cost of 
modifying such loans, shall be as defined in section 502 of the 
Congressional Budget Act of 1974, as amended: Provided further, That 
during fiscal year 2002, 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, $164,497,000, 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 $3,400.
    In addition, for administrative expenses necessary to carry out the 
direct loan program, $64,000, 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, $72,000, 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

[[Page 115 STAT. 653]]

further, That funds made available under this heading are available to 
subsidize gross obligations for the principal amount of direct loans not 
to exceed $3,301,000.
    In addition, for administrative expenses necessary to carry out the 
direct loan program, $274,000, 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, $544,000, 
which may be transferred to and merged with the appropriation for 
``General operating expenses''.

  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 appropriated by 
this Act for ``General operating expenses'' and ``Medical care'' may be 
expended.

                     Veterans Health Administration

                              medical care

                      (including transfer of funds)

    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 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; 
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., $21,331,164,000, plus reimbursements: Provided, That of the funds 
made available under this heading, $675,000,000 is for the equipment and 
land and structures object classifications only, which amount shall not 
become available for obligation until August 1, 2002, and shall remain 
available until September 30, 2003: Provided further, That of the funds 
made

[[Page 115 STAT. 654]]

available under this heading, not to exceed $900,000,000 shall be 
available until September 30, 2003: 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 necessary to implement 
Capital Asset Realignment for Enhanced Services (CARES) activities: 
Provided further, That from amounts appropriated under this heading, 
additional amounts, as designated by the Secretary no later than 
September 30, 2002, may be used for CARES activities without fiscal year 
limitation: Provided further, <<NOTE: Contracts.>>  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 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 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.

    In addition, in conformance with Public Law 105-33 establishing the 
Department of Veterans Affairs Medical Care Collections Fund, such sums 
as may be deposited to such Fund pursuant to 38 U.S.C. 1729A may be 
transferred to this account, to remain available until expended for the 
purposes of this account.

                     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, 2003, $371,000,000, 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; administrative expenses in support of 
capital policy activities, $66,731,000, plus reimbursements: Provided, 
That technical and consulting services offered by the Facilities 
Management Field 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, 2002.

                       Departmental Administration

                       general operating expenses

    For necessary operating expenses of the Department of Veterans 
Affairs, not otherwise provided for, including administrative

[[Page 115 STAT. 655]]

expenses in support of Department-wide capital planning, management and 
policy activities, uniforms or allowances therefor; not to exceed 
$25,000 for official reception and representation expenses; hire of 
passenger motor vehicles; and reimbursement of the General Services 
Administration for security guard services, and the Department of 
Defense for the cost of overseas employee mail, $1,195,728,000: 
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 of the funds 
made available under this heading, not to exceed $60,000,000 shall be 
available for obligation until September 30, 2003: Provided further, 
That from the funds made available under this heading, the Veterans 
Benefits Administration may purchase up to four passenger motor vehicles 
for use in operations of that Administration in Manila, Philippines: 
Provided further, That travel expenses for this account shall not exceed 
$15,665,000.

                    national cemetery administration

    For necessary expenses of the National Cemetery Administration for 
operations and maintenance, not otherwise provided for, including 
uniforms or allowances therefor; cemeterial expenses as authorized by 
law; purchase of one passenger motor vehicle for use in cemeterial 
operations; and hire of passenger motor vehicles, $121,169,000.

                       office of inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the Inspector General Act of 1978, as amended, $52,308,000.

                      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 
$4,000,000 or more or where funds for a project were made available in a 
previous major project appropriation, $183,180,000, to remain available 
until expended, of which $60,000,000 shall be for Capital Asset 
Realignment for Enhanced Services (CARES) activities; and of which not 
to exceed $20,000,000 shall be for costs associated with land 
acquisitions for national cemeteries in the vicinity of Sacramento, 
California; Pittsburgh, Pennsylvania; and Detroit, Michigan: Provided, 
That of the amount made available under this heading for CARES 
activities, up to $40,000,000 shall be for construction of a blind and 
spinal cord injury center at the Hines Veterans Affairs Medical Center 
pursuant

[[Page 115 STAT. 656]]

to the Veterans Integrated Service Network (VISN) 12 CARES study, and 

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