In the Senate of the United States,
October 12 (legislative day, September 22), 2000.
Resolved, That the bill from the House of Representatives
(H.R. 4635) entitled ‘‘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 end-
ing September 30, 2001, and for other purposes.’’, do pass
with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
DIVISION A
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, 2001, and for other purposes, namely:
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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 vet-
erans 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); pen-
sion 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 com-
mercial 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), $22,766,276,000, to remain available until expended: Pro-
vided, That not to exceed $17,419,000 of the amount appropriated
shall be reimbursed to ‘‘General operating expenses’’ and ‘‘Medical
care’’ for necessary expenses in implementing those provisions au-
thorized 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 aug-
ment the funding of individual medical facilities for nursing home
care provided to pensioners as authorized.
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, $1,634,000,000, to remain
available until expended: Provided, That expenses for rehabilita-
tion program services and assistance which the Secretary is au-
thorized 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 the account: Provided further, That
funds shall be available to pay any court order, court award or any
compromise settlement arising from litigation involving the voca-
tional 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. chap-
ter 19; 70 Stat. 887; 72 Stat. 487, $19,850,000, 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 fur-
ther, That during fiscal year 2001, within the resources available,
not to exceed $300,000 in gross obligations for direct loans are au-
thorized for specially adapted housing loans.
In addition, for administrative expenses to carry out the direct
and guaranteed loan programs, $162,000,000, which may be trans-
HR 4635 EAS
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 Con-
gressional Budget Act of 1974, as amended: Provided further, That
these funds are available to subsidize gross obligations for the prin-
cipal amount of direct loans not to exceed $3,400.
In addition, for administrative expenses necessary to carry out
the direct loan program, $220,000, 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, $52,000, 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 fur-
ther, That these funds are available to subsidize gross obligations
for the principal amount of direct loans not to exceed $2,726,000.
In addition, for administrative expenses necessary to carry out
the direct loan program, $432,000, 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,
$532,000, which may be transferred to and merged with the appro-
priation for ‘‘General operating expenses’’.
GUARANTEED TRANSITIONAL HOUSING LOANS FOR HOMELESS
VETERANS PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
Not to exceed $750,000 of the amounts appropriated by this Act
for ‘‘General operating expenses’’ and ‘‘Medical care’’ may be ex-
pended for the administrative expenses to carry out the guaranteed
loan program authorized by 38 U.S.C. chapter 37, subchapter VI.
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 de-
partment; 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 de-
partment, not otherwise provided for, either by contract or by the
hire of temporary employees and purchase of materials; uniforms
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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. chap-
ter 17, and the Federal Medical Care Recovery Act, 42 U.S.C. 2651
et seq., $20,281,587,000, plus reimbursements: Provided, That of
the funds made available under this heading, $900,000,000 is for
the equipment and land and structures object classifications only,
which amount shall not become available for obligation until Au-
gust 1, 2001, and shall remain available until September 30, 2002:
Provided further, That of the funds made available under this
heading, not to exceed $500,000,000 shall be available until Sep-
tember 30, 2002: Provided further, That of the funds made avail-
able under this heading, not to exceed $28,134,000 may be trans-
ferred to and merged with the appropriation for ‘‘General operating
expenses’’: 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 pay-
ments for hospital care; and, notwithstanding 31 U.S.C. 3302(b),
amounts collected, by setoff or otherwise, as the result of such au-
dits shall be available, without fiscal year limitation, for the pur-
poses 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 fur-
ther, That all amounts so collected under the preceding proviso
with respect to a designated health care region (as that term is de-
fined 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.
None of the foregoing funds may be transferred to the Depart-
ment of Justice for the purposes of supporting tobacco litigation.
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, 2002,
$351,000,000, plus reimbursements.
MEDICAL ADMINISTRATION AND MISCELLANEOUS OPERATING
EXPENSES
For necessary expenses in the administration of the medical, hos-
pital, nursing home, domiciliary, construction, supply, and research
activities, as authorized by law; administrative expenses in support
of capital policy activities, $62,000,000 plus reimbursements: Pro-
vided, That technical and consulting services offered by the Facili-
ties 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,
2001.
DEPARTMENTAL ADMINISTRATION
GENERAL OPERATING EXPENSES
For necessary operating expenses of the Department of Veterans
Affairs, not otherwise provided for, including uniforms or allow-
ances therefor; not to exceed $25,000 for official reception and rep-
resentation expenses; hire of passenger motor vehicles; and reim-
bursement of the General Services Administration for security
guard services, and the Department of Defense for the cost of over-
seas employee mail, $1,050,000,000: Provided, That expenses for
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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 $45,000,000 shall be available
until September 30, 2002: Provided further, That funds under this
heading shall be available to administer the Service Members Oc-
cupational Conversion and Training Act.
NATIONAL CEMETERY ADMINISTRATION
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses for the maintenance and operation of the
National Cemetery Administration, not otherwise provided for, in-
cluding uniforms or allowances therefor; cemeterial expenses as au-
thorized by law; purchase of two passenger motor vehicles for use
in cemeterial operations; and hire of passenger motor vehicles,
$109,889,000: Provided, That travel expenses shall not exceed
$1,125,000: Provided further, That of the amount made available
under this heading, not to exceed $125,000 may be transferred to
and merged with the appropriation for ‘‘General operating ex-
penses’’.
OFFICE OF INSPECTOR GENERAL
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Office of Inspector General in car-
rying out the Inspector General Act of 1978, as amended,
$46,464,000: Provided, That of the amount made available under
this heading, not to exceed $28,000 may be transferred to and
merged with the appropriation for ‘‘General operating expenses’’.
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 drain-
age system construction costs, and site acquisition, where the esti-
mated cost of a project is $4,000,000 or more or where funds for
a project were made available in a previous major project appro-
priation, $66,040,000, to remain available until expended: Pro-
vided, That except for advance planning of projects (including mar-
ket-based assessments of health care needs which may or may not
lead to capital investments) 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 appropria-
tion for fiscal year 2001, for each approved project shall be obli-
gated: (1) by the awarding of a construction documents contract by
September 30, 2001; and (2) by the awarding of a construction con-
tract by September 30, 2002: Provided further, That the Secretary
shall promptly report in writing to the Committees on Appropria-
tions any approved major construction project in which obligations
are not incurred within the time limitations established above: Pro-
vided further, That no funds from any other account except the
‘‘Parking revolving fund’’, may be obligated for constructing, alter-
ing, extending, or improving a project which was approved in the
budget process and funded in this account until one year after sub-
stantial completion and beneficial occupancy by the Department of
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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, 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 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 esti-
mated cost of a project is less than $4,000,000, $162,000,000, to re-
main available until expended, along with unobligated balances of
previous ‘‘Construction, minor projects’’ appropriations which are
hereby made available for any project where the estimated cost is
less than $4,000,000: Provided, That funds in this account shall be
available for: (1) repairs to any of the nonmedical facilities under
the jurisdiction or for the use of the department which are nec-
essary 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 ex-
isting 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,
$25,000,000, to remain available until expended.
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFER OF FUNDS)
SEC. 101. Any appropriation for fiscal year 2001 for ‘‘Compensa-
tion and pensions’’, ‘‘Readjustment benefits’’, and ‘‘Veterans insur-
ance and indemnities’’ may be transferred to any other of the men-
tioned appropriations.
SEC. 102. Appropriations available to the Department of Vet-
erans Affairs for fiscal year 2001 for salaries and expenses shall be
available for services authorized by 5 U.S.C. 3109.
SEC. 103. No appropriations in this Act for the Department of
Veterans Affairs (except the appropriations for ‘‘Construction,
major projects’’, ‘‘Construction, minor projects’’, and the ‘‘Parking
revolving fund’’) shall be available for the purchase of any site for
or toward the construction of any new hospital or home.
SEC. 104. No appropriations in this Act for the Department of
Veterans Affairs shall be available for hospitalization or examina-
tion of any persons (except beneficiaries entitled under the laws be-
stowing such benefits to veterans, and persons receiving such treat-
ment under 5 U.S.C. 7901–7904 or 42 U.S.C. 5141–5204), unless
reimbursement of cost is made to the ‘‘Medical care’’ account at
such rates as may be fixed by the Secretary of Veterans Affairs.
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SEC. 105. Appropriations available to the Department of Vet-
erans Affairs for fiscal year 2001 for ‘‘Compensation and pensions’’,
‘‘Readjustment benefits’’, and ‘‘Veterans insurance and indemnities’’
shall be available for payment of prior year accrued obligations re-
quired to be recorded by law against the corresponding prior year
accounts within the last quarter of fiscal year 2000.
SEC. 106. Appropriations accounts available to the Department of
Veterans Affairs for fiscal year 2001 shall be available to pay prior
year obligations of corresponding prior year appropriations ac-
counts resulting from title X of the Competitive Equality Banking
Act, Public Law 100–86, except that if such obligations are from
trust fund accounts they shall be payable from ‘‘Compensation and
pensions’’.
SEC. 107. Notwithstanding any other provision of law, during fis-
cal year 2001, the Secretary of Veterans Affairs shall, from the Na-
tional 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), reim-
burse the ‘‘General operating expenses’’ account for the cost of ad-
ministration of the insurance programs financed through those ac-
counts: Provided, That reimbursement shall be made only from the
surplus earnings accumulated in an insurance program in fiscal
year 2001, that are available for dividends in that program after
claims have been paid and actuarially determined reserves have
been set aside: Provided further, That if the cost of administration
of an insurance program exceeds the amount of surplus earnings
accumulated in that program, reimbursement shall be made only
to the extent of such surplus earnings: Provided further, That the
Secretary shall determine the cost of administration for fiscal year
2001, which is properly allocable to the provision of each insurance
program and to the provision of any total disability income insur-
ance included in such insurance program.
SEC. 108. Notwithstanding any other provision of law, collections
authorized by the Veterans Millennium Health Care and Benefits
Act (Public Law 106–117) and credited to the appropriate Depart-
ment of Veterans Affairs accounts in fiscal year 2001, shall not be
available for obligation or expenditure unless appropriation lan-
guage making such funds available is enacted.
SEC. 109. In accordance with section 1557 of title 31, United
States Code, the following obligated balance shall be exempt from
subchapter IV of chapter 15 of such title and shall remain available
for expenditure until September 30, 2003: funds obligated by the
Department of Veterans Affairs for a contract with the Institute for
Clinical Research to study the application of artificial neural net-
works to the diagnosis and treatment of prostate cancer through
the Cooperative DoD/VA Medical Research program from funds
made available to the Department of Veterans Affairs by the De-
partment of Defense Appropriations Act, 1995 (Public Law 103–
335) under the heading ‘‘Research, Development, Test and Evalua-
tion, Defense-Wide’’.
SEC. 110. As HR LINK$ will not be part of the Franchise Fund
in fiscal year 2001, funds budgeted in customer accounts to pur-
chase HR LINK$ services from the Franchise Fund shall be trans-
ferred to the General Administration portion of the ‘‘General oper-
ating expenses’’ appropriation in the following amounts: $78,000
from the ‘‘Office of Inspector General’’, $358,000 from the ‘‘National
cemetery administration’’, $1,106,000 from ‘‘Medical care’’, $84,000
from ‘‘Medical administration and miscellaneous operating ex-
penses’’, and $38,000 shall be reprogrammed within the ‘‘General
operating expenses’’ appropriation from the Veterans Benefits Ad-
ministration to General Administration for the same purpose.
SEC. 111. Not to exceed $1,600,000 from the ‘‘Medical care’’ ap-
propriation shall be transferred to the ‘‘General operating ex-
penses’’ appropriation to fund personnel services costs of employees
providing legal services and administrative support for the Office
of General Counsel.