H. R. 2158
One Hundred Fifth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the seventh day of January, one thousand nine hundred and ninety-seven
An Act
Making appropriations for the Departments of Veterans Affairs and Housing and
Urban Development, and for sundry independent agencies, commissions, corpora-
tions, and offices for the fiscal year ending September 30, 1998, and for other
purposes.
Be it enacted by the Senate and 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, commissions, corporations, and offices for the fiscal year
ending September 30, 1998, 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 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, 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); $19,932,997,000, to remain available until expended:
Provided, That not to exceed $26,380,000 of the amount appro-
priated shall be reimbursed to ‘‘General operating expenses’’ and
‘‘Medical care’’ for necessary expenses in implementing those provi-
sions 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 fur-
ther, 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
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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, $1,366,000,000,
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 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, $51,360,000, 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 1998, within the resources available,
not to exceed $300,000 in gross obligations for direct loans are
authorized for specially adapted housing loans: Provided further,
That during 1998 any moneys that would be otherwise deposited
into or paid from the Loan Guaranty Revolving Fund, the Guaranty
and Indemnity Fund, or the Direct Loan Revolving Fund shall
be deposited into or paid from the Veterans Housing Benefit
Program Fund: Provided further, That any balances in the Loan
Guaranty Revolving Fund, the Guaranty and Indemnity Fund, or
the Direct Loan Revolving Fund on the effective date of this Act
may be transferred to and merged with the Veterans Housing
Benefit Program Fund.
In addition, for administrative expenses to carry out the direct
and guaranteed loan programs, $160,437,000, 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 $3,000.
In addition, for administrative expenses necessary to carry
out the direct loan program, $200,000, which may be transferred
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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, $44,000, 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 $2,278,000.
In addition, for administrative expenses necessary to carry
out the direct loan program, $388,000, 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, $515,000, which may be transferred to and merged with
the appropriation for ‘‘General operating expenses’’.
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 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;
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; 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.; and not to exceed $8,000,000 to fund cost
comparison studies as referred to in 38 U.S.C. 8110(a)(5);
$17,057,396,000, plus reimbursements: Provided, That of the funds
made available under this heading, $570,000,000 is for the equip-
ment and land and structures object classifications only, which
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amount shall not become available for obligation until August 1,
1998, and shall remain available until September 30, 1999: Provided
further, That of the amount made available under this heading,
not to exceed $5,000,000 shall be for a study on the cost-effective-
ness of contracting with local hospitals in east central Florida
for the provision of non-emergent inpatient health care needs of
veterans.
In addition, in conformance with Public Law 105–33 establish-
ing 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, 1999,
$272,000,000, 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 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 acquisi-
tion; engineering and architectural activities not charged to project
cost; and research and development in building construction tech-
nology; $59,860,000, plus reimbursements.
GENERAL POST FUND, NATIONAL HOMES
(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 programs, $54,000, which shall be transferred from the ‘‘Gen-
eral post fund’’, as authorized by Public Law 102–54, section 8.
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
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overseas employee mail; $786,135,000: Provided, That funds under
this heading shall be available to administer the Service Members
Occupational Conversion and Training Act: Provided further, That
none of the funds made available under this heading may be used
for the relocation of the loan guaranty divisions of the Department
of Veterans Affairs Regional Office in St. Petersburg, Florida to
the Department of Veterans Affairs Regional Office in Atlanta,
Georgia.
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 three passenger motor vehicles
for use in cemeterial operations; and hire of passenger motor
vehicles, $84,183,000.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, as amended,
$31,013,000.
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,
$177,900,000, to remain available until expended: Provided, That
the $32,100,000 provided under this heading in Public Law 104–
204 for the replacement hospital at Travis Air Force Base, Fairfield,
California, shall not be obligated for that purpose but shall be
available for any project approved by the Congress in the budgetary
process: Provided further, 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 fur-
ther, That funds provided in this appropriation for fiscal year 1998,
for each approved project shall be obligated: (1) by the awarding
of a construction documents contract by September 30, 1998; and
(2) by the awarding of a construction contract by September 30,
1999: Provided further, That the Secretary shall promptly report
in writing to the Committees on Appropriations any approved major
construction project in which obligations are not incurred within
the time limitations 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
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in this account until one 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, architectural and engineer-
ing 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, and 8122 of title 38, United States Code, where the estimated
cost of a project is less than $4,000,000; $175,000,000, to remain
available until expended, along with unobligated balances of pre-
vious ‘‘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 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, $80,000,000, to remain available until expended.
GRANTS FOR THE CONSTRUCTION OF STATE VETERAN CEMETERIES
For grants to aid States in establishing, expanding, or improv-
ing State veteran cemeteries as authorized by 38 U.S.C. 2408,
$10,000,000, to remain available until expended.
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFER OF FUNDS)
SEC. 101. Any appropriation for fiscal year 1998 for ‘‘Compensa-
tion and pensions’’, ‘‘Readjustment benefits’’, and ‘‘Veterans
insurance and indemnities’’ may be transferred to any other of
the mentioned appropriations.
SEC. 102. Appropriations available to the Department of Veter-
ans Affairs for fiscal year 1998 for salaries and expenses shall
be available for services authorized by 5 U.S.C. 3109.
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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
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 reimbursement of cost is made to the ‘‘Medical care’’ account
at such rates as may be fixed by the Secretary of Veterans Affairs.
SEC. 105. Appropriations available to the Department of Veter-
ans Affairs for fiscal year 1998 for ‘‘Compensation and pensions’’,
‘‘Readjustment benefits’’, and ‘‘Veterans insurance and indemnities’’
shall be available for payment of prior year accrued obligations
required to be recorded by law against the corresponding prior
year accounts within the last quarter of fiscal year 1997.
SEC. 106. Appropriations accounts available to the Department
of Veterans Affairs for fiscal year 1998 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 accounts they shall be payable from ‘‘Compensation
and pensions’’.
SEC. 107. Notwithstanding any other provision of law, during
fiscal year 1998, the Secretary of Veterans Affairs shall, from the
National Service Life Insurance Fund (38 U.S.C. 1920), the Veter-
ans’ 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 administra-
tion of the insurance programs financed through those accounts:
Provided, That reimbursement shall be made only from the surplus
earnings accumulated in an insurance program in fiscal year 1998,
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 1998,
which is properly allocable to the provision of each insurance pro-
gram and to the provision of any total disability income insurance
included in such insurance program.
SEC. 108. Section 214(l)(1)(D) of the Immigration and National-
ity Act (8 U.S.C. 1184(l)(1)(D)) (as added by section 220 of the
Immigration and Nationality Technical Corrections Act of 1994
and redesignated as subsection (l) by section 671(a)(3)(A) of the
Illegal Immigration Reform and Immigrant Responsibility Act of
1996) is amended by inserting before the period at the end the
following: ‘‘, except that, in the case of a request by the Department
of Veterans Affairs, the alien shall not be required to practice
medicine in a geographic area designated by the Secretary’’.
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 without fiscal year limitation: Funds obligated by