In the Senate of the United States,

September 22, 2005.

Resolved, That the bill from the House of Representatives (H.R. 2528) entitled ‘‘An Act making appropriations for

military quality of life functions of the Department of Defense, military construction, the Department of Veterans Affairs, and related agencies for the fiscal year ending September 30, 2006, and for other purposes.’’, do pass with the

following

AMENDMENTS:

Strike out all after the enacting clause and insert:

1 That the following sums are appropriated, out of any

2 money in the Treasury not otherwise appropriated for mili3 tary quality of life functions of the Department of Defense,

4 military construction, the Department of Veterans Affairs,

5 and related agencies for the fiscal year ending September

6 30, 2006, and for other purposes, namely:
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1 TITLE I—MILITARY CONSTRUCTION

2 MILITARY CONSTRUCTION, ARMY

3 For acquisition, construction, installation, and equip4 ment of temporary or permanent public works, military in5 stallations, facilities, and real property for the Army as

6 currently authorized by law, including personnel in the

7 Army Corps of Engineers and other personal services nec8 essary for the purposes of this appropriation, and for con9 struction and operation of facilities in support of the func10 tions of the Commander in Chief, $1,640,641,000, to remain

11 available until September 30, 2010: Provided, That of this

12 amount, not to exceed $179,343,000 shall be available for

13 study, planning, design, architect and engineer services,

14 and host nation support, as authorized by law, unless the

15 Secretary of Defense determines that additional obligations

16 are necessary for such purposes and notifies the Committees

17 on Appropriations of both Houses of Congress of the deter18 mination and the reasons therefor: Provided further, That

19 of the amount provided for Military Construction, Army,

20 $8,900,000 shall be available for Phase 1a of a Permanent

21 Party Barracks at Fort Leonard Wood, Missouri, and

22 $3,150,000 shall be available for an Airfield Fire Station

23 at Fort Sill, Oklahoma.
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1 MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

2 (INCLUDING RESCISSION OF FUNDS)

3 For acquisition, construction, installation, and equip4 ment of temporary or permanent public works, naval in5 stallations, facilities, and real property for the Navy and

6 Marine Corps as currently authorized by law, including

7 personnel in the Naval Facilities Engineering Command

8 and other personal services necessary for the purposes of this

9 appropriation, $1,045,882,000, to remain available until

10 September 30, 2010: Provided, That of this amount, not to

11 exceed $32,524,000 shall be available for study, planning,

12 design, and architect and engineer services, as authorized

13 by law, unless the Secretary of Defense determines that ad14 ditional obligations are necessary for such purposes and no15 tifies the Committees on Appropriations of both Houses of

16 Congress of the determination and the reasons therefor: Pro17 vided further, That of the funds appropriated for ‘‘Military

18 Construction, Navy’’ under Public Law 108–324,

19 $92,354,000 are hereby rescinded.

20 MILITARY CONSTRUCTION, AIR FORCE

21 For acquisition, construction, installation, and equip22 ment of temporary or permanent public works, military in23 stallations, facilities, and real property for the Air Force

24 as currently authorized by law, $1,209,128,000, to remain

25 available until September 30, 2010: Provided, That of this
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1 amount, not to exceed $83,626,000 shall be available for

2 study, planning, design, and architect and engineer serv3 ices, as authorized by law, unless the Secretary of Defense

4 determines that additional obligations are necessary for

5 such purposes and notifies the Committees on Appropria6 tions of both Houses of Congress of the determination and

7 the reasons therefor: Provided further, That of the amount

8 provided for Military Construction, Air Force, $5,721,000

9 shall be available for a B–2 Conventional Munitions Stor10 age Facility at Whiteman Air Force Base, Missouri, and

11 $14,000,000 for Phase 1 of Force Protection Enhancement

12 at Vance Air Force Base, Oklahoma.

13 MILITARY CONSTRUCTION, DEFENSE-WIDE

14 (INCLUDING TRANSFER OF FUNDS)

15 For acquisition, construction, installation, and equip16 ment of temporary or permanent public works, installa17 tions, facilities, and real property for activities and agen18 cies of the Department of Defense (other than the military

19 departments), as currently authorized by law,

20 $1,072,165,000, to remain available until September 30,

21 2010: Provided, That such amounts of this appropriation

22 as may be determined by the Secretary of Defense may be

23 transferred to such appropriations of the Department of De24 fense available for military construction or family housing

25 as the Secretary may designate, to be merged with and to
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1 be available for the same purposes, and for the same time

2 period, as the appropriation or fund to which transferred:

3 Provided further, That of the amount appropriated, not to

4 exceed $133,120,000 shall be available for study, planning,

5 design, and architect and engineer services, as authorized

6 by law, unless the Secretary of Defense determines that ad7 ditional obligations are necessary for such purposes and no8 tifies the Committees on Appropriations of both Houses of

9 Congress of the determination and the reasons therefor.

10 MILITARY CONSTRUCTION, ARMY NATIONAL GUARD

11 For construction, acquisition, expansion, rehabilita12 tion, and conversion of facilities for the training and ad13 ministration of the Army National Guard, and contribu14 tions therefor, as authorized by chapter 1803 of title 10,

15 United States Code, and Military Construction Authoriza16 tion Acts, $467,146,000, to remain available until Sep17 tember 30, 2010.

18 MILITARY CONSTRUCTION, AIR NATIONAL GUARD

19 For construction, acquisition, expansion, rehabilita20 tion, and conversion of facilities for the training and ad21 ministration of the Air National Guard, and contributions

22 therefor, as authorized by chapter 1803 of title 10, United

23 States Code, and Military Construction Authorization Acts,

24 $279,156,000, to remain available until September 30,

25 2010.
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1 MILITARY CONSTRUCTION, ARMY RESERVE

2 For construction, acquisition, expansion, rehabilita3 tion, and conversion of facilities for the training and ad4 ministration of the Army Reserve as authorized by chapter

5 1803 of title 10, United States Code, and Military Con6 struction Authorization Acts, $136,077,000, to remain

7 available until September 30, 2010.

8 MILITARY CONSTRUCTION, NAVAL RESERVE

9 For construction, acquisition, expansion, rehabilita10 tion, and conversion of facilities for the training and ad11 ministration of the reserve components of the Navy and Ma12 rine Corps as authorized by chapter 1803 of title 10, United

13 States Code, and Military Construction Authorization Acts,

14 $46,676,000, to remain available until September 30, 2010.

15 MILITARY CONSTRUCTION, AIR FORCE RESERVE

16 For construction, acquisition, expansion, rehabilita17 tion, and conversion of facilities for the training and ad18 ministration of the Air Force Reserve as authorized by

19 chapter 1803 of title 10, United States Code, and Military

20 Construction Authorization Acts, $89,260,000, to remain

21 available until September 30, 2010.

22 NORTH ATLANTIC TREATY ORGANIZATION

23 SECURITY INVESTMENT PROGRAM

24 For the United States share of the cost of the North

25 Atlantic Treaty Organization Security Investment Pro-
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1 gram for the acquisition and construction of military facili2 ties and installations (including international military

3 headquarters) and for related expenses for the collective de4 fense of the North Atlantic Treaty Area as authorized by

5 section 2806 of title 10, United States Code, and Military

6 Construction Authorization Acts, $206,858,000, to remain

7 available until expended.

8 FAMILY HOUSING CONSTRUCTION, ARMY

9 For expenses of family housing for the Army for con10 struction, including acquisition, replacement, addition, ex11 pansion, extension, and alteration, as authorized by law,

12 $549,636,000, to remain available until September 30,

13 2010.

14 FAMILY HOUSING OPERATION AND MAINTENANCE, ARMY

15 For expenses of family housing for the Army for oper16 ation and maintenance, including debt payment, leasing,

17 minor construction, principal and interest charges, and in18 surance premiums, as authorized by law, $812,993,000.

19 FAMILY HOUSING CONSTRUCTION, NAVY AND MARINE

20 CORPS

21 For expenses of family housing for the Navy and Ma22 rine Corps for construction, including acquisition, replace23 ment, addition, expansion, extension, and alteration, as au24 thorized by law, $218,942,000, to remain available until

25 September 30, 2010.
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1 FAMILY HOUSING OPERATION AND MAINTENANCE, NAVY

2 AND MARINE CORPS

3 For expenses of family housing for the Navy and Ma4 rine Corps for operation and maintenance, including debt

5 payment, leasing, minor construction, principal and inter6 est charges, and insurance premiums, as authorized by law,

7 $593,660,000.

8 FAMILY HOUSING CONSTRUCTION, AIR FORCE

9 For expenses of family housing for the Air Force for

10 construction, including acquisition, replacement, addition,

11 expansion, extension, and alteration, as authorized by law,

12 $1,142,622,000, to remain available until September 30,

13 2010.

14 FAMILY HOUSING OPERATION AND MAINTENANCE, AIR

15 FORCE

16 For expenses of family housing for the Air Force for

17 operation and maintenance, including debt payment, leas18 ing, minor construction, principal and interest charges,

19 and insurance premiums, as authorized by law,

20 $766,939,000.

21 FAMILY HOUSING OPERATION AND MAINTENANCE,

22 DEFENSE-WIDE

23 For expenses of family housing for the activities and

24 agencies of the Department of Defense (other than the mili-
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1 tary departments) for operation and maintenance, leasing,

2 and minor construction, as authorized by law, $46,391,000.

3 DEPARTMENT OF DEFENSE FAMILY HOUSING

4 IMPROVEMENT FUND

5 For the Department of Defense Family Housing Im6 provement Fund, $2,500,000, to remain available until ex7 pended, for family housing initiatives undertaken pursuant

8 to section 2883 of title 10, United States Code, providing

9 alternative means of acquiring and improving military

10 family housing and supporting facilities.

11 DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 1990

12 For deposit into the Department of Defense Base Clo13 sure Account 1990, established by section 2906(a)(1) of the

14 Defense Base Closure and Realignment Act of 1990 (10

15 U.S.C. section 2687 note), $377,827,000, to remain avail16 able until expended.

17 DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 2005

18 For deposit into the Department of Defense Base Clo19 sure Account 2005, established by section 2906A(a)(1) of the

20 Defense Base Closure and Realignment Act of 1990 (10

21 U.S.C. section 2687 note), $1,504,466,000, to remain avail22 able until expended: Provided, That these funds may not

23 be obligated or expended until the Secretary of Defense sub24 mits to the congressional defense committees and receives

25 approval of a report describing the specific programs,
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1 projects, and activities for which such funds are to be obli2 gated.

3 GENERAL PROVISIONS

4 SEC. 101. None of the funds made available in this

5 title shall be expended for payments under a cost-plus-a6 fixed-fee contract for construction, where cost estimates ex7 ceed $25,000, to be performed within the United States, ex8 cept Alaska, without the specific approval in writing of the

9 Secretary of Defense setting forth the reasons therefor.

10 SEC. 102. Funds made available in this title shall be

11 available for hire of passenger motor vehicles.

12 SEC. 103. Funds made available in this title may be

13 used for advances to the Federal Highway Administration,

14 Department of Transportation, for the construction of ac15 cess roads as authorized by section 210 of title 23, United

16 States Code, when projects authorized therein are certified

17 as important to the national defense by the Secretary of

18 Defense.

19 SEC. 104. None of the funds made available in this

20 title may be used to begin construction of new bases in the

21 United States for which specific appropriations have not

22 been made.

23 SEC. 105. None of the funds made available in this

24 title shall be used for purchase of land or land easements

25 in excess of 100 percent of the value as determined by the
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1 Army Corps of Engineers or the Naval Facilities Engineer2 ing Command, except: (1) where there is a determination

3 of value by a Federal court; (2) purchases negotiated by

4 the Attorney General or the designee of the Attorney Gen5 eral; (3) where the estimated value is less than $25,000; or

6 (4) as otherwise determined by the Secretary of Defense to

7 be in the public interest.

8 SEC. 106. None of the funds made available in this

9 title shall be used to: (1) acquire land; (2) provide for site

10 preparation; or (3) install utilities for any family housing,

11 except housing for which funds have been made available

12 in annual military construction appropriations Acts.

13 SEC. 107. None of the funds made available in this

14 title for minor construction may be used to transfer or relo15 cate any activity from one base or installation to another,

16 without prior notification to the Committees on Appropria17 tions of both Houses of Congress.

18 SEC. 108. None of the funds made available in this

19 title may be used for the procurement of steel for any con20 struction project or activity for which American steel pro21 ducers, fabricators, and manufacturers have been denied the

22 opportunity to compete for such steel procurement.

23 SEC. 109. None of the funds made available in this

24 title may be used to pay real property taxes in any foreign

25 nation.
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1 SEC. 110. None of the funds made available in this

2 title may be used to initiate a new installation overseas

3 without prior notification to the Committees on Appropria4 tions of both Houses of Congress.

5 SEC. 111. None of the funds made available in this

6 title may be obligated for architect and engineer contracts

7 estimated by the Government to exceed $500,000 for projects

8 to be accomplished in Japan, in any North Atlantic Treaty

9 Organization member country, or in countries bordering the

10 Arabian Sea, unless such contracts are awarded to United

11 States firms or United States firms in joint venture with

12 host nation firms.

13 SEC. 112. None of the funds made available in this

14 title for military construction in the United States terri15 tories and possessions in the Pacific and on Kwajalein

16 Atoll, or in countries bordering the Arabian Sea, may be

17 used to award any contract estimated by the Government

18 to exceed $1,000,000 to a foreign contractor: Provided, That

19 this section shall not be applicable to contract awards for

20 which the lowest responsive and responsible bid of a United

21 States contractor exceeds the lowest responsive and respon22 sible bid of a foreign contractor by greater than 20 percent:

23 Provided further, That this section shall not apply to con24 tract awards for military construction on Kwajalein Atoll
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1 for which the lowest responsive and responsible bid is sub2 mitted by a Marshallese contractor.

3 SEC. 113. The Secretary of Defense shall inform the

4 appropriate committees of both Houses of Congress, includ5 ing the Committees on Appropriations, of the plans and

6 scope of any proposed military exercise involving United

7 States personnel 30 days prior to its occurring, if amounts

8 expended for construction, either temporary or permanent,

9 are anticipated to exceed $100,000.

10 SEC. 114. Not more than 20 percent of the funds made

11 available in this title which are limited for obligation dur12 ing the current fiscal year shall be obligated during the last

13 two months of the fiscal year.

14 (TRANSFER OF FUNDS)

15 SEC. 115. Funds appropriated to the Department of

16 Defense for construction in prior years shall be available

17 for construction authorized for each such military depart18 ment by the authorizations enacted into law during the cur19 rent session of Congress.

20 SEC. 116. For military construction or family housing

21 projects that are being completed with funds otherwise ex22 pired or lapsed for obligation, expired or lapsed funds may

23 be used to pay the cost of associated supervision, inspection,

24 overhead, engineering and design on those projects and on

25 subsequent claims, if any.
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1 SEC. 117. Notwithstanding any other provision of law,

2 any funds made available to a military department or de3 fense agency for the construction of military projects may

4 be obligated for a military construction project or contract,

5 or for any portion of such a project or contract, at any

6 time before the end of the fourth fiscal year after the fiscal

7 year for which funds for such project were made available

8 if the funds obligated for such project: (1) are obligated from

9 funds available for military construction projects; and (2)

10 do not exceed the amount appropriated for such project,

11 plus any amount by which the cost of such project is in12 creased pursuant to law.

13 SEC. 118. The Secretary of Defense shall provide the

14 Committees on Appropriations of both Houses of Congress

15 with an annual report by February 15, containing details

16 of the specific actions proposed to be taken by the Depart17 ment of Defense during the current fiscal year to encourage

18 other member nations of the North Atlantic Treaty Organi19 zation, Japan, Korea, and United States allies bordering

20 the Arabian Sea to assume a greater share of the common

21 defense burden of such nations and the United States.

22 (TRANSFER OF FUNDS)

23 SEC. 119. In addition to any other transfer authority

24 available to the Department of Defense, proceeds deposited

25 to the Department of Defense Base Closure Account estab26 lished by section 207(a)(1) of the Defense Authorization
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1 Amendments and Base Closure and Realignment Act (Pub2 lic Law 100–526) pursuant to section 207(a)(2)(C) of such

3 Act, may be transferred to the account established by section

4 2906(a)(1) of the Defense Base Closure and Realignment

5 Act of 1990 (10 U.S.C. section 2687 note), to be merged

6 with, and to be available for the same purposes and the

7 same time period as that account.

8 (TRANSFER OF FUNDS)

9 SEC. 120. Subject to 30 days prior notification to the

10 Committees on Appropriations of both Houses of Congress,

11 such additional amounts as may be determined by the Sec12 retary of Defense may be transferred to: (1) the Department

13 of Defense Family Housing Improvement Fund from

14 amounts appropriated for construction in ‘‘Family Hous15 ing’’ accounts, to be merged with and to be available for

16 the same purposes and for the same period of time as

17 amounts appropriated directly to the Fund; or (2) the De18 partment of Defense Military Unaccompanied Housing Im19 provement Fund from amounts appropriated for construc20 tion of military unaccompanied housing in ‘‘Military Con21 struction’’ accounts, to be merged with and to be available

22 for the same purposes and for the same period of time as

23 amounts appropriated directly to the Fund: Provided, That

24 appropriations made available to the Funds shall be avail25 able to cover the costs, as defined in section 502(5) of the

26 Congressional Budget Act of 1974, of direct loans or loan
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1 guarantees issued by the Department of Defense pursuant

2 to the provisions of subchapter IV of chapter 169, title 10,

3 United States Code, pertaining to alternative means of ac4 quiring and improving military family housing, military

5 unaccompanied housing, and supporting facilities.

6 SEC. 121. None of the funds made available in this

7 title may be obligated for Partnership for Peace Programs

8 in the New Independent States of the former Soviet Union.

9 SEC. 122. (a) Not later than 60 days before issuing

10 any solicitation for a contract with the private sector for

11 military family housing the Secretary of the military de12 partment concerned shall submit to the Committees on Ap13 propriations of both Houses of Congress the notice described

14 in subsection (b).

15 (b)(1) A notice referred to in subsection (a) is a notice

16 of any guarantee (including the making of mortgage or

17 rental payments) proposed to be made by the Secretary to

18 the private party under the contract involved in the event

19 of—

20 (A) the closure or realignment of the installation

21 for which housing is provided under the contract;

22 (B) a reduction in force of units stationed at

23 such installation; or

24 (C) the extended deployment overseas of units

25 stationed at such installation.
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1 (2) Each notice under this subsection shall specify the

2 nature of the guarantee involved and assess the extent and

3 likelihood, if any, of the liability of the Federal Government

4 with respect to the guarantee.

5 (TRANSFER OF FUNDS)

6 SEC. 123. In addition to any other transfer authority

7 available to the Department of Defense, amounts may be

8 transferred from the account established by section

9 2906(a)(1) of the Defense Base Closure and Realignment

10 Act of 1990 (10 U.S.C. 2687 note), to the fund established

11 by section 1013(d) of the Demonstration Cities and Metro12 politan Development Act of 1966 (42 U.S.C. section 3374)

13 to pay for expenses associated with the Homeowners Assist14 ance Program. Any amounts transferred shall be merged

15 with and be available for the same purposes and for the

16 same time period as the fund to which transferred.

17 SEC. 124. Notwithstanding this or any other provision

18 of law, funds made available in this title for operation and

19 maintenance of family housing shall be the exclusive source

20 of funds for repair and maintenance of all family housing

21 units, including general or flag officer quarters: Provided,

22 That not more than $35,000 per unit may be spent annu23 ally for the maintenance and repair of any general or flag

24 officer quarters without 30 days prior notification to the

25 Committees on Appropriations of both Houses of Congress,

26 except that an after-the-fact notification shall be submitted
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1 if the limitation is exceeded solely due to costs associated

2 with environmental remediation that could not be reason3 ably anticipated at the time of the budget submission: Pro4 vided further, That the Under Secretary of Defense (Comp5 troller) is to report annually to the Committees on Appro6 priations of both Houses of Congress all operation and

7 maintenance expenditures for each individual general or

8 flag officer quarters for the prior fiscal year.

9 SEC. 125. None of the funds made available in this

10 title may be transferred to any department, agency, or in11 strumentality of the United States Government, except pur12 suant to a transfer made by, or transfer authority provided

13 in this Act, or any other appropriations Act.

14 SEC. 126. None of the funds made available in this

15 title under the heading ‘‘North Atlantic Treaty Organiza16 tion Security Investment Program’’, and no funds appro17 priated for any fiscal year before fiscal year 2006 for that

18 program that remain available for obligation, may be obli19 gated or expended for the conduct of studies of missile de20 fense.

21 SEC. 127. Amounts contained in the Ford Island Im22 provement Account established by subsection (h) of section

23 2814 of title 10, United States Code, are appropriated and

24 shall be available until expended for the purposes specified
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1 in subsection (i)(1) of such section or until transferred pur2 suant to subsection (i)(3) of such section.

3 SEC. 128. None of the funds made available in this

4 title, or in any Act making appropriations for military

5 construction which remain available for obligation, may be

6 obligated or expended to carry out a military construction,

7 land acquisition, or family housing project at or for a mili8 tary installation approved for closure, or at a military in9 stallation for the purposes of supporting a function that has

10 been approved for realignment to another installation, in

11 2005 under the Defense Base Closure and Realignment Act

12 of 1990 (part A of title XXIX of Public Law 101–510; 10

13 U.S.C. section 2687 note), unless the Secretary of Defense

14 certifies that the cost to the United States of carrying out

15 such project would be less than the cost to the United States

16 of cancelling such project, or in the case of projects having

17 multi-agency use, that another Government agency has in18 dicated it will assume ownership of the completed project,

19 and the Secretary of Defense may not transfer funds made

20 available for such a military construction project, land ac21 quisition, or family housing project to another account or

22 use such funds for another purpose or project without the

23 prior approval of the Committees on Appropriations of both

24 Houses of Congress.
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1 SEC. 129. Unless stated otherwise, all reports and noti2 fications required by this title shall be submitted to the Sub3 committee on Military Quality of Life and Veterans Affairs,

4 and Related Agencies of the Committee on Appropriations

5 of the House of Representatives and the Subcommittee on

6 Military Construction and Veterans Affairs, and Related

7 Agencies of the Committee on Appropriations of the Senate.

8 SEC. 130. Of the amount appropriated by this title

9 under the heading ‘‘MILITARY CONSTRUCTION, AIR NA10 TIONAL GUARD’’ and available for planning and design,

11 $1,440,000 shall be available for planning and design for

12 a replacement C–130 maintenance hangar at Air National

13 Guard New Castle County Airport, Delaware.

14 SEC. 131. (a) Of the amount appropriated by this title

15 under the heading ‘‘MILITARY CONSTRUCTION, ARMY’’,

16 $4,550,000 shall be made available for the construction of

17 a military police complex at Fort Gordon, Georgia.

18 (b) The amount appropriated by this title under the

19 heading ‘‘MILITARY CONSTRUCTION, ARMY’’ and available

20 for Fort Gillem, Georgia, is hereby decreased by $4,550,000.

21 SEC. 132. (a) The amount appropriated by this title

22 under the heading ‘‘DEPARTMENT OF DEFENSE BASE CLO23 SURE ACCOUNT 1990’’ is hereby increased by $25,000,000.
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1 (b) The amount appropriated by this title under the

2 heading ‘‘DEPARTMENT OF DEFENSE BASE CLOSURE AC3 COUNT 2005’’ is hereby decreased by $25,000,000.

4 TITLE II—DEPARTMENT OF VETERANS AFFAIRS

5 VETERANS BENEFITS ADMINISTRATION

6 COMPENSATION AND PENSIONS

7 (INCLUDING TRANSFER OF FUNDS)

8 For the payment of compensation benefits to or on be9 half of veterans and a pilot program for disability examina10 tions as authorized by law (38 U.S.C. 107, chapters 11, 13,

11 18, 51, 53, 55, and 61); pension benefits to or on behalf

12 of veterans as authorized by law (38 U.S.C. chapters 15,

13 51, 53, 55, and 61; 92 Stat. 2508); and burial benefits, the

14 Reinstated Entitlement Program for Survivors, emergency

15 and other officers’ retirement pay, adjusted-service credits

16 and certificates, payment of premiums due on commercial

17 life insurance policies guaranteed under the provisions of

18 article IV of the Soldiers’ and Sailors’ Civil Relief Act of

19 1940 (50 U.S.C. App. 540 et seq.) and for other benefits

20 as authorized by law (38 U.S.C. 107, 1312, 1977, and 2106,

21 chapters 23, 51, 53, 55, and 61; 50 U.S.C. App. 540–548;

22 43 Stat. 122, 123; 45 Stat. 735; 76 Stat. 1198),

23 $33,412,879,000, to remain available until expended: Pro24 vided, That not to exceed $23,491,000 of the amount appro25 priated under this heading shall be reimbursed to ‘‘General

26 operating expenses’’ and ‘‘Medical administration’’ for nec-
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1 essary expenses in implementing those provisions author2 ized in the Omnibus Budget Reconciliation Act of 1990, and

3 in the Veterans’ Benefits Act of 1992 (38 U.S.C. chapters

4 51, 53, and 55), the funding source for which is specifically

5 provided as the ‘‘Compensation and pensions’’ appropria6 tion: Provided further, That such sums as may be earned

7 on an actual qualifying patient basis, shall be reimbursed

8 to ‘‘Medical care collections fund’’ to augment the funding

9 of individual medical facilities for nursing home care pro10 vided to pensioners as authorized.

11 READJUSTMENT BENEFITS

12 For the payment of readjustment and rehabilitation

13 benefits to or on behalf of veterans as authorized by law

14 (38 U.S.C. chapters 21, 30, 31, 34, 35, 36, 39, 51, 53, 55,

15 and 61), $3,214,246,000, to remain available until ex16 pended: Provided, That expenses for rehabilitation program

17 services and assistance which the Secretary is authorized

18 to provide under section 3104(a) of title 38, United States

19 Code, other than under subsection (a)(1), (2), (5), and (11)

20 of that section, shall be charged to this account.

21 VETERANS INSURANCE AND INDEMNITIES

22 For military and naval insurance, national service life

23 insurance, servicemen’s indemnities, service-disabled vet24 erans insurance, and veterans mortgage life insurance as

25 authorized by title 38, United States Code, chapter 19; 70
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1 Stat. 887; 72 Stat. 487, $45,907,000, to remain available

2 until expended.

3 VETERANS HOUSING BENEFIT PROGRAM FUND PROGRAM

4 ACCOUNT

5 (INCLUDING TRANSFER OF FUNDS)

6 For the cost of direct and guaranteed loans, such sums

7 as may be necessary to carry out the program, as authorized

8 by title 38, United States Code, chapter 37: Provided, That

9 such costs, including the cost of modifying such loans, shall

10 be as defined in section 502 of the Congressional Budget

11 Act of 1974: Provided further, That during fiscal year 2006,

12 within the resources available, not to exceed $500,000 in

13 gross obligations for direct loans are authorized for spe14 cially adapted housing loans.

15 For administrative expenses to carry out the direct

16 and guaranteed loan programs, $153,575,000, which may

17 be transferred to and merged with the appropriation for

18 ‘‘General operating expenses’’.

19 VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT

20 (INCLUDING TRANSFER OF FUNDS)

21 For the cost of direct loans, $53,000, as authorized by

22 title 38, United States Code, chapter 31: Provided, That

23 such costs, including the cost of modifying such loans, shall

24 be as defined in section 502 of the Congressional Budget

25 Act of 1974: Provided further, That funds made available

26 under this heading are available to subsidize gross obliga-
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1 tions for the principal amount of direct loans not to exceed

2 $4,242,000.

3 In addition, for administrative expenses necessary to

4 carry out the direct loan program, $305,000, which may

5 be transferred to and merged with the appropriation for

6 ‘‘General operating expenses’’.

7 NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM

8 ACCOUNT

9 (INCLUDING TRANSFER OF FUNDS)

10 For administrative expenses to carry out the direct

11 loan program authorized by title 38, United States Code,

12 chapter 37, subchapter V, $580,000, which may be trans13 ferred to and merged with the appropriation for ‘‘General

14 operating expenses’’: Provided, That no new loans in excess

15 of $30,000,000 may be made in fiscal year 2006.

16 GUARANTEED TRANSITIONAL HOUSING LOANS FOR

17 HOMELESS VETERANS PROGRAM ACCOUNT

18 For the administrative expenses to carry out the guar19 anteed transitional housing loan program authorized by

20 title 38, United States Code, chapter 37, subchapter VI, not

21 to exceed $750,000 of the amounts appropriated by this Act

22 for ‘‘General operating expenses’’ and ‘‘Medical administra23 tion’’ may be expended.
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1 VETERANS HEALTH ADMINISTRATION

2 MEDICAL SERVICES

3 (INCLUDING TRANSFER OF FUNDS)

4 For necessary expenses for furnishing, as authorized

5 by law, inpatient and outpatient care and treatment to

6 beneficiaries of the Department of Veterans Affairs and vet7 erans described in paragraphs (1) through (8) of section

8 1705(a) of title 38, United States Code, including care and

9 treatment in facilities not under the jurisdiction of the De10 partment of Veterans Affairs and including medical sup11 plies and equipment and salaries and expenses of healthcare

12 employees hired under title 38, United States Code, and aid

13 to State homes as authorized by section 1741 of title 38,

14 United States Code; $23,308,011,000, plus reimbursements,

15 of which $1,977,000,000 are designated as an emergency re16 quirement pursuant to section 402 of House Concurrent

17 Resolution 95 (109th Congress), the fiscal year 2006 budget

18 resolution: Provided further, That of the emergency funds

19 provided under this heading, the Department of Veterans

20 Affairs shall submit for approval by the Committees on Ap21 propriations of both Houses of Congress, a financial plan

22 outlining how the emergency funds will be obligated: Pro23 vided further, That the Department of Veterans Affairs shall

24 include these emergency funds in their base request for the

25 fiscal year 2007 budget submission: Provided further, That

26 of the funds made available under this heading, not to ex-
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HR 2528 EAS

1 ceed $1,500,000,000 shall be available until September 30,

2 2007: Provided further, That notwithstanding any other

3 provision of law, the Secretary of Veterans Affairs shall es4 tablish a priority for treatment for veterans who are service5 connected disabled, lower income, or have special needs:

6 Provided further, That notwithstanding any other provision

7 of law, the Secretary of Veterans Affairs shall give priority

8 funding for the provision of basic medical benefits to vet9 erans in enrollment priority groups 1 through 6: Provided

10 further, That notwithstanding any other provision of law,

11 the Secretary of Veterans Affairs may authorize the dis12 pensing of prescription drugs from Veterans Health Admin13 istration facilities to enrolled veterans with privately writ14 ten prescriptions based on requirements established by the

15 Secretary: Provided further, That the implementation of the

16 program described in the previous proviso shall incur no

17 additional cost to the Department of Veterans Affairs: Pro18 vided further, That for the Department of Defense/Veterans

19 Affairs Health Care Sharing Incentive Fund, as authorized

20 by section 721 of Public Law 107–314, a minimum of

21 $15,000,000, to remain available until expended, for any

22 purpose authorized by title 38, United States Code, section

23 8111.

24 MEDICAL ADMINISTRATION

25 For necessary expenses in the administration of the

26 medical, hospital, nursing home, domiciliary, construction,
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1 supply, and research activities, as authorized by law; ad2 ministrative expenses in support of capital policy activities;

3 uniforms or allowances therefore, as authorized by sections

4 5901–5902 of title 5, United States Code; and administra5 tive and legal expenses of the Department of Veterans Af6 fairs for collecting and recovering amounts owed the depart7 ment as authorized under chapter 17 of title 38, United

8 States Code, and the Federal Medical Care Recovery Act

9 (42 U.S.C. 2651 et seq.); $2,858,442,000, plus reimburse10 ments, of which $250,000,000 shall be available until Sep11 tember 30, 2007.

12 INFORMATION TECHNOLOGY

13 For necessary expenses, $1,456,821,000 shall be avail14 able for the Department of Veterans Affairs Information

15 Technology program: Provided, That within 90 days of en16 actment of this Act, the Secretary of Veterans Affairs shall

17 establish an office for Information Technology (IT) with the

18 authority and responsibility for all IT projects: Provided

19 further, That this office shall report directly to the Deputy

20 Secretary of Veterans Affairs: Provided further, That this

21 new organizational structure shall be subject to approval

22 of the Committees on Appropriations in both Houses of

23 Congress: Provided further, That within this amount, no

24 more than $100,000,000 from all sources shall be available

25 for the HealtheVet project for fiscal year 2006: Provided fur26 ther, That none of the funds made available for the
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1 HealtheVet project may be obligated until such time that

2 the Department of Veterans Affairs creates a single position

3 with the responsibility for and the authority to manage the

4 entire project, including budgetary authority: Provided fur5 ther, That none of the funds made available for the

6 HealtheVet project may be obligated until the Committees

7 on Appropriations in both Houses of Congress approve a

8 financial expenditure plan for the entire project.

9 MEDICAL FACILITIES

10 For necessary expenses for the maintenance and oper11 ation of hospitals, nursing homes, and domiciliary facilities

12 and other necessary facilities for the Veterans Health Ad13 ministration; for administrative expenses in support of

14 planning, design, project management, real property acqui15 sition and disposition, construction and renovation of any

16 facility under the jurisdiction or for the use of the Depart17 ment of Veterans Affairs; for oversight, engineering and ar18 chitectural activities not charged to project costs; for repair19 ing, altering, improving or providing facilities in the sev20 eral hospitals and homes under the jurisdiction of the De21 partment of Veterans Affairs, not otherwise provided for,

22 either by contract or by the hire of temporary employees

23 and purchase of materials; for leases of facilities; and for

24 laundry and food services, $3,297,669,000, plus reimburse25 ments, of which $250,000,000 shall be available until Sep26 tember 30, 2007.
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1 MEDICAL AND PROSTHETIC RESEARCH

2 For necessary expenses in carrying out programs of

3 medical and prosthetic research and development as author4 ized by chapter 73 of title 38, United States Code to remain

5 available until September 30, 2007, $412,000,000, plus re6 imbursements, of which, not less than $15,000,000 shall be

7 used for Gulf War Illness research.

8 DEPARTMENTAL ADMINISTRATION

9 GENERAL OPERATING EXPENSES

10 For necessary operating expenses of the Department of

11 Veterans Affairs, not otherwise provided for, including ad12 ministrative expenses in support of department-wide cap13 ital planning, management and policy activities, uniforms

14 or allowances therefore; not to exceed $25,000 for official

15 reception and representation expenses; hire of passenger

16 motor vehicles; and reimbursement of the General Services

17 Administration for security guard services, and the Depart18 ment of Defense for the cost of overseas employee mail,

19 $1,418,827,000: Provided, The Veterans Affairs shall con20 duct an information campaign in States with an average

21 annual disability compensation payment of less than

22 $7,300 (according to the report issued by the Department

23 of Veterans Affairs Office of Inspector General on May 19,

24 2005), to inform all veterans receiving disability compensa25 tion, by direct mail, of the history of below average dis-
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1 ability compensation payments to veterans in such States,

2 and to provide all veterans in each such State, through

3 broadcast or print advertising, with the aforementioned his4 torical information and instructions for submitting new

5 claims and requesting review of past disability claims and

6 ratings: Provided further, That expenses for services and as7 sistance authorized under title 38, United States Code, sec8 tions 3104(a)(1), (2), (5), and (11) that the Secretary of

9 Veterans Affairs determines are necessary to enable entitled

10 veterans: (1) to the maximum extent feasible, to become em11 ployable and to obtain and maintain suitable employment;

12 or (2) to achieve maximum independence in daily living,

13 shall be charged to this account: Provided further, That the

14 Veterans Benefits Administration shall be funded at not less

15 than $1,093,937,500: Provided further, That of the funds

16 made available under this heading, not to exceed

17 $71,000,000 shall be available for obligation until Sep18 tember 30, 2007.

19 NATIONAL CEMETERY ADMINISTRATION

20 For necessary expenses of the National Cemetery Ad21 ministration for operations and maintenance, not otherwise

22 provided for, including uniforms or allowances therefore;

23 cemeterial expenses as authorized by law; purchase of one

24 passenger motor vehicle for use in cemeterial operations;

25 and hire of passenger motor vehicles, $156,447,000: Pro26 vided, That of the funds made available under this heading,
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HR 2528 EAS

1 not to exceed $7,800,000 shall be available until September

2 30, 2007.

3 OFFICE OF INSPECTOR GENERAL

4 For necessary expenses of the Office of Inspector Gen5 eral in carrying out the provisions of the Inspector General

6 Act of 1978, $70,174,000, to remain available until Sep7 tember 30, 2007.

8 CONSTRUCTION, MAJOR PROJECTS

9 For constructing, altering, extending and improving

10 any of the facilities including parking projects under the

11 jurisdiction or for the use of the Department of Veterans

12 Affairs, or for any of the purposes set forth in sections 316,

13 2404, 2406, 8102, 8103, 8106, 8108, 8109, 8110, and 8122

14 of title 38, United States Code, including planning, archi15 tectural and engineering services, maintenance or guar16 antee period services costs associated with equipment guar17 antees provided under the project, services of claims ana18 lysts, offsite utility and storm drainage system construction

19 costs, and site acquisition, where the estimated cost of a

20 project is more than the amount set forth in title 38, United

21 States Code, section 8104(a)(3)(A) or where funds for a

22 project were made available in a previous major project ap23 propriation, $607,100,000, to remain available until ex24 pended, of which $539,800,000 shall be for Capital Asset

25 Realignment for Enhanced Services (CARES) activities;

26 and of which $2,500,000 shall be to make reimbursements
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HR 2528 EAS

1 as provided in title 41, United States Code, section 612 for

2 claims paid for contract disputes: Provided, That except for

3 advance planning activities, including needs assessments

4 which may or may not lead to capital investments, and

5 other capital asset management related activities, such as

6 portfolio development and management activities, and in7 vestment strategy studies funded through the advance plan8 ning fund and the planning and design activities funded

9 through the design fund and CARES funds, including needs

10 assessments which may or may not lead to capital invest11 ments, none of the funds appropriated under this heading

12 shall be used for any project which has not been approved

13 by the Congress in the budgetary process: Provided further,

14 That funds provided in this appropriation for fiscal year

15 2006, for each approved project (except those for CARES

16 activities referenced above) shall be obligated: (1) by the

17 awarding of a construction documents contract by Sep18 tember 30, 2006; and (2) by the awarding of a construction

19 contract by September 30, 2007: Provided further, That the

20 Secretary of Veterans Affairs shall promptly report in writ21 ing to the Committees on Appropriations of both Houses

22 of Congress any approved major construction project in

23 which obligations are not incurred within the time limita24 tions established above: Provided further, That none of the

25 funds in this or any other Act may be used to modify or
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HR 2528 EAS

1 alter the mission, services or infrastructure of the 18 facili2 ties on the Capital Asset Realignment for Enhanced Serv3 ices (CARES) list requiring further study as specified by

4 the Secretary of Veterans Affairs.

5 CONSTRUCTION, MINOR PROJECTS

6 For constructing, altering, extending, and improving

7 any of the facilities including parking projects under the

8 jurisdiction or for the use of the Department of Veterans

9 Affairs, including planning and assessments of needs which

10 may lead to capital investments, architectural and engi11 neering services, maintenance or guarantee period services

12 costs associated with equipment guarantees provided under

13 the project, services of claims analysts, offsite utility and

14 storm drainage system construction costs, and site acquisi15 tion, or for any of the purposes set forth in sections 316,

16 2404, 2406, 8102, 8103, 8106, 8108, 8109, 8110, 8122, and

17 8162 of title 38, United States Code, where the estimated

18 cost of a project is equal to or less than the amount set

19 forth in title 38, United States Code, section 8104(a)(3)(A),

20 $208,937,000, to remain available until expended, along

21 with unobligated balances of previous ‘‘Construction, minor

22 projects’’ appropriations, of which $160,000,000 shall be for

23 Capital Asset Realignment for Enhanced Services (CARES)

24 activities: Provided, That from amounts appropriated

25 under this heading, additional amounts may be used for

26 CARES activities upon notification of and approval by the
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HR 2528 EAS

1 Committees on Appropriations of both Houses of Congress:

2 Provided further, That funds in this account shall be avail3 able for: (1) repairs to any of the nonmedical facilities

4 under the jurisdiction or for the use of the Department of

5 Veterans Affairs which are necessary because of loss or dam6 age caused by any natural disaster or catastrophe; and (2)

7 temporary measures necessary to prevent or to minimize

8 further loss by such causes.

9 GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE

10 FACILITIES

11 For grants to assist States to acquire or construct

12 State nursing home and domiciliary facilities; and to re13 model, modify or alter existing hospital, nursing home and

14 domiciliary facilities in State homes; and for furnishing

15 care to veterans as authorized by title 38, United States

16 Code, sections 8131–8137, $104,322,000, to remain avail17 able until expended.

18 GRANTS FOR THE CONSTRUCTION OF STATE VETERANS

19 CEMETERIES

20 For grants to aid States in establishing, expanding,

21 or improving State veterans cemeteries as authorized by

22 title 38, United States Code, section 2408, $32,000,000, to

23 remain available until expended.
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HR 2528 EAS

1 GENERAL PROVISIONS

2 (INCLUDING TRANSFER OF FUNDS)

3 SEC. 201. Any appropriation for the Veterans Benefits

4 Administration for fiscal year 2006 for ‘‘Compensation and

5 pensions’’, ‘‘Readjustment benefits’’, and ‘‘Veterans insur6 ance and indemnities’’ may be transferred as necessary to

7 any other of the mentioned appropriations: Provided, That

8 before a transfer may take place, the Secretary of Veterans

9 Affairs shall request from the Committees on Appropria10 tions of both Houses of Congress the authority to make the

11 transfer and an approval is issued, or absent a response,

12 a period of 30 days has elapsed.

13 (INCLUDING TRANSFER OF FUNDS)

14 SEC. 202. Amounts made available for the Veterans

15 Health Administration for fiscal year 2006 under the ‘‘Med16 ical services’’, ‘‘Medical administration’’, ‘‘Information

17 technology’’, and ‘‘Medical facilities’’ accounts may be

18 transferred between the mentioned accounts: Provided, That

19 before a transfer may take place, the Secretary of Veterans

20 Affairs shall request from the Committees on Appropria21 tions of both Houses of Congress the authority to make the

22 transfer and an approval is issued, or absent a response,

23 a period of 30 days has elapsed: Provided further, That no

24 transfer may be made out of the ‘‘Medical and Prosthetic

25 Research’’ account.
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1 SEC. 203. The Secretary of Veterans Affairs shall sub2 mit to the Committees on Appropriations in both Houses

3 of Congress a quarterly report on the financial status of

4 the Veterans Health Administration. This report shall con5 tain, at a minimum, both planned and actual expenditure

6 rates, unobligated balances, and any potential financial

7 shortfalls.

8 SEC. 204. No project for which funds have been appro9 priated in the ‘‘Construction, major projects’’ account may

10 be canceled or altered in scope by more than 10 percent

11 in cost without submitting a request to the Committees on

12 Appropriations of both Houses of Congress and an approval

13 is issued, or absent a response, a period of 30 days has

14 elapsed.

15 SEC. 205. No appropriations in this Act for the De16 partment of Veterans Affairs shall be available for hos17 pitalization or examination of any persons (except bene18 ficiaries entitled under the laws bestowing such benefits to

19 veterans, and persons receiving such treatment under 5

20 U.S.C., sections 7901–7904 or 42 U.S.C., sections 5141–

21 5204), unless reimbursement of cost is made to the ‘‘Medical

22 services’’ account at such rates as may be fixed by the Sec23 retary of Veterans Affairs.

24 SEC. 206. Appropriations available to the Department

25 of Veterans Affairs for fiscal year 2006 for ‘‘Compensation
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1 and pensions’’, ‘‘Readjustment benefits’’, and ‘‘Veterans in2 surance and indemnities’’ shall be available for payment

3 of prior year accrued obligations required to be recorded

4 by law against the corresponding prior year accounts with5 in the last quarter of fiscal year 2005.

6 SEC. 207. Appropriations accounts available to the De7 partment of Veterans Affairs for fiscal year 2006 shall be

8 available to pay prior year obligations of corresponding

9 prior year appropriations accounts resulting from title X

10 of the Competitive Equality Banking Act, Public Law 100–

11 86, except that if such obligations are from trust fund ac12 counts they shall be payable from ‘‘Compensation and pen13 sions’’.

14 SEC. 208. Notwithstanding any other provision of law,

15 during fiscal year 2006, the Secretary of Veterans Affairs

16 shall, from the National Service Life Insurance Fund (38

17 U.S.C. 1920), the Veterans’ Special Life Insurance Fund

18 (38 U.S.C. 1923), and the United States Government Life

19 Insurance Fund (38 U.S.C. 1955), reimburse the ‘‘General

20 operating expenses’’ account for the cost of administration

21 of the insurance programs financed through those accounts:

22 Provided, That reimbursement shall be made only from the

23 surplus earnings accumulated in an insurance program in

24 fiscal year 2006 that are available for dividends in that

25 program after claims have been paid and actuarially deter-
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HR 2528 EAS

1 mined reserves have been set aside: Provided further, That

2 if the cost of administration of an insurance program ex3 ceeds the amount of surplus earnings accumulated in that

4 program, reimbursement shall be made only to the extent

5 of such surplus earnings: Provided further, That the Sec6 retary of Veterans Affairs shall determine the cost of admin7 istration for fiscal year 2006 which is properly allocable

8 to the provision of each insurance program and to the pro9 vision of any total disability income insurance included in

10 such insurance program.

11 SEC. 209. Notwithstanding any other provision of law

12 and hereafter, the Department of Veterans Affairs shall con13 tinue the Franchise Fund established by title I of Public

14 Law 104–204.

15 SEC. 210. Amounts deducted from enhanced-use lease

16 proceeds to reimburse an account for expenses incurred by

17 that account during a prior fiscal year for providing en18 hanced-use lease services, may be obligated during the fiscal

19 year in which the proceeds are received.

20 SEC. 211. Funds available in any Department of Vet21 erans Affairs appropriation for fiscal year 2006 or funds

22 for salaries and other administrative expenses shall also be

23 available to reimburse the Office of Resolution Management

24 and the Office of Employment Discrimination Complaint

25 Adjudication for all services provided at rates which will
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HR 2528 EAS

1 recover actual costs but not exceed $29,758,000 for the Office

2 of Resolution Management and $3,059,000 for the Office of

3 Employment and Discrimination Complaint Adjudication:

4 Provided, That payments may be made in advance for serv5 ices to be furnished based on estimated costs: Provided fur6 ther, That amounts received shall be credited to ‘‘General

7 operating expenses’’ for use by the office that provided the

8 service.

9 SEC. 212. No appropriations in this Act for the De10 partment of Veterans Affairs shall be available to enter into

11 any new lease of real property if the estimated annual rent12 al is more than $300,000 unless the Secretary of Veterans

13 Affairs submits a report which the Committees on Appro14 priations in both Houses of Congress approve within 30

15 days following the date on which the report is received.

16 SEC. 213. No funds of the Department of Veterans Af17 fairs shall be available for hospital care, nursing home care,

18 or medical services provided to any person under chapter

19 17 of title 38, United States Code, for a non-service-con20 nected disability described in section 1729(a)(2) of such

21 title, unless that person has disclosed to the Secretary of

22 Veterans Affairs, in such form as the Secretary may require,

23 current, accurate third-party reimbursement information

24 for purposes of section 1729 of such title: Provided, That

25 the Secretary may recover, in the same manner as any other
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HR 2528 EAS

1 debt due the United States, the reasonable charges for such

2 care or services from any person who does not make such

3 disclosure as required: Provided further, That any amounts

4 so recovered for care or services provided in a prior fiscal

5 year may be obligated by the Secretary during the fiscal

6 year in which amounts are received.

7 SEC. 214. Amounts made available under the ‘‘Medical

8 services’’ account are available—

9 (1) for furnishing recreational facilities, sup10 plies, and equipment; and

11 (2) for funeral expenses, burial expenses, and

12 other expenses incidental to funerals and burials for

13 beneficiaries receiving care in the department.

14 (INCLUDING TRANSFER OF FUNDS)

15 SEC. 215. Any appropriation for fiscal year 2006 for

16 the Veterans Benefits Administration made available under

17 the heading ‘‘General operating expenses’’ may be trans18 ferred to the ‘‘Veterans Housing Benefit Program Fund

19 Program Account’’ for the purpose of providing funds for

20 the nationwide property management contract if the ad21 ministrative costs of such contract exceed $8,800,000 in the

22 fiscal year.

23 SEC. 216. Notwithstanding any other provision of law,

24 the Secretary of Veterans Affairs shall allow veterans eligi25 ble under existing Department of Veterans Affairs Medical

26 Care requirements and who reside in Alaska to obtain med-
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HR 2528 EAS

1 ical care services from medical facilities supported by the

2 Indian Health Services or tribal organizations. The Sec3 retary shall: (1) limit the application of this provision to

4 rural Alaskan veterans in areas where an existing Depart5 ment of Veterans Affairs facility or Veterans Affairs-con6 tracted service is unavailable; (2) require participating vet7 erans and facilities to comply with all appropriate rules

8 and regulations, as established by the Secretary; (3) require

9 this provision to be consistent with Capital Asset Realign10 ment for Enhanced Services Activities; and (4) result in

11 no additional cost to the Department of Veterans Affairs

12 or the Indian Health Service.

13 (INCLUDING TRANSFER OF FUNDS)

14 SEC. 217. Such sums as may be deposited to the De15 partment of Veterans Affairs Capital Asset Fund pursuant

16 to title 38, United States Code, section 8118 may be trans17 ferred to the ‘‘Construction, major projects’’ and ‘‘Construc18 tion, minor projects’’ accounts, to remain available until

19 expended for the purposes of these accounts.

20 SEC. 218. Notwithstanding any other provision of law,

21 at the discretion of the Secretary of Veterans Affairs, pro22 ceeds or revenues derived from enhanced-use leasing activi23 ties (including disposal) may be deposited into the ‘‘Con24 struction, major projects’’ and ‘‘Construction, minor

25 projects’’ accounts and be used for construction (including

26 site acquisition and disposition), alterations and improve-
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HR 2528 EAS

1 ments of any medical facility under the jurisdiction or for

2 the use of the Department of Veterans Affairs. Such sums

3 as realized are in addition to the amount provided for in

4 ‘‘Construction, major projects’’ and ‘‘Construction, minor

5 projects’’.

6 SEC. 219. None of the funds made available in this

7 Act may be used to implement any policy prohibiting the

8 Directors of the Veterans Integrated Service Networks from

9 conducting outreach or marketing to enroll new veterans

10 within their respective Networks.

11 (INCLUDING TRANSFER OF FUNDS)

12 SEC. 220. That such sums as may be deposited to the

13 Medical Care Collections Fund pursuant to section 1729A

14 of title 38, United States Code, may be transferred to the

15 ‘‘Medical services’’ account, to remain available until ex16 pended for the purposes of this account.

17 SEC. 221. Appropriations available to the Department

18 of Veterans Affairs for fiscal year 2006 for salaries and ex19 penses shall be available for services authorized by title 5,

20 United States Code, section 3109; hire of passenger motor

21 vehicles; lease of a facility or land or both; and uniforms

22 or allowances therefor, as authorized by title 5, United

23 States Code, sections 5901–5902.

24 SEC. 222. REPORT ON HOUSING ASSISTANCE TO LOW25 INCOME VETERANS. (a) IN GENERAL.—The Comptroller
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HR 2528 EAS

1 General shall conduct a study on housing assistance to low2 income veterans, including—

3 (1) an estimate of the number of low-income,

4 very low-income, and extremely low-income veteran

5 households;

6 (2) a description of the demographic and socio7 economic characteristics and health and disability

8 status of such households;

9 (3) an estimate of the number of such households

10 experiencing a high cost burden in, overcrowding in,

11 or poor quality of housing, or experiencing homeless12 ness;

13 (4) an assessment of such households, including

14 their current barriers to safe, quality, and affordable

15 housing and levels of homelessness among such house16 holds;

17 (5) the extent to which Federal housing assist18 ance programs provide benefits, including supportive

19 services, to all veteran households and in particular

20 to low-income, very low-income, and extremely-low

21 income veteran households;

22 (6) the number of units designated for or occu23 pied by veterans and low-income, very low-income,

24 and extremely low-income veterans in Federally sub25 sidized or insured housing;
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HR 2528 EAS

1 (7) a summary description of the manner in

2 which veteran compensation, veteran dependency and

3 indemnity compensation, and veteran pension are

4 considered as income or adjusted income for purposes

5 of determining—

6 (A) eligibility for Federal housing assist7 ance programs; and

8 (B) the amount of rent paid by a veteran

9 household for occupancy of a dwelling unit or

10 housing assisted under Federal housing assist11 ance programs;

12 (8) a summary description of the special consid13 erations made for veterans under—

14 (A) public housing plans submitted under

15 section 5A of the United States Housing Act of

16 1937 (42 U.S.C. 1437c-1); and

17 (B) comprehensive housing affordability

18 strategies submitted under section 105 of the

19 Cranston-Gonzalez National Affordable Housing

20 Act (42 U.S.C. 12705);

21 (9) the extent to which public housing authorities

22 have established preferences for veterans for public

23 housing and housing choice vouchers;

24 (10) the number of homeless veterans provided

25 assistance, cumulatively and currently, under the pro-
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HR 2528 EAS

1 gram of housing choice vouchers for homeless veterans

2 under section 8(o)(19) of the United States Housing

3 Act of 1937 (42. U.S.C. 1437f(o)(19)), and the current

4 status of the program, including—

5 (A) the number of vouchers the Department

6 of Housing and Urban Development currently

7 allocates to the Department of Veterans Affairs;

8 (B) the monetary value of such vouchers;

9 and

10 (C) the names and locations of VA medical

11 centers receiving such vouchers; and

12 (11) a description of activities relating to vet13 erans of the Department of Housing and Urban De14 velopment.

15 (b) ACQUISITION OF SUPPORTING INFORMATION.—In

16 carrying out the study under this section, the Comptroller

17 General shall seek to obtain views from the following per18 sons:

19 (1) The Secretary of Housing and Urban Devel20 opment.

21 (2) The Secretary of Veterans Affairs.

22 (3) Low-income, very low-income, and extremely

23 low-income veterans.

24 (4) Representatives of State and local housing

25 assistance agencies.
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HR 2528 EAS

1 (5) Representatives of nonprofit low-income

2 housing providers and homeless service providers, in3 cluding homeless veteran service providers.

4 (6) National advocacy organizations concerned

5 with veterans, homelessness, and low-income housing.

6 (c) TIMING OF REPORT.—Not later than 6 months

7 after the date of enactment of this Act, the Comptroller Gen8 eral shall submit to Congress a report on the study con9 ducted under this section.

10 SEC. 223. (a) Not later than 60 days after the date

11 of enactment of this Act, the Secretary of Veterans Affairs,

12 after consultation with the National Association of County

13 Veterans Service Officers, other veterans service organiza14 tions, and State departments of veterans affairs shall sub15 mit a report to the Committee on Appropriations of the

16 Senate that describes a plan (including estimated costs) to

17 provide an adequate supply of the 2006 edition of handbook

18 entitled, Federal Benefits for Veterans and Dependents, and

19 all subsequent editions, to all county veterans service offi20 cers in the United States.

21 SEC. 224. None of the funds made available in this

22 Act or any other Act may be used—

23 (1) to revoke or reduce a veteran’s disability

24 compensation for post traumatic stress disorder based

25 on a finding that the Department of Veterans Affairs
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HR 2528 EAS

1 failed to collect justifying documentation unless such

2 failure was the direct result of fraud by the applicant;

3 or

4 (2) for the implementation of Recommendation 3

5 of VA Inspector General Report No. 05–00765–137 or

6 any related review and investigation of post trau7 matic stress disorder unemployability and 100 sched8 uler percent ratings cases, until the Department of

9 Veterans’ Affairs reports to the Committee on Appro10 priations on its plan for implementing this rec11 ommendation, and outlines the staffing and funding

12 requirements.

13 SEC. 225. CLINICAL TRAINING AND PROTOCOLS. (a)

14 FINDINGS.—Congress finds that—

15 (1) the Iraq War Clinician Guide has tremen16 dous value; and

17 (2) the Secretary of Defense and the National

18 Center on Post Traumatic Stress Disorder should con19 tinue to work together to ensure that the mental

20 health care needs of servicemembers and veterans are

21 met.

22 (b) COLLABORATION.—The National Center on Post

23 Traumatic Stress Disorder shall collaborate with the Sec24 retary of Defense—
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1 (1) to enhance the clinical skills of military cli2 nicians through training, treatment protocols, web3 based interventions, and the development of evidence4 based interventions; and

5 (2) to promote pre-deployment resilience and

6 post-deployment readjustment among servicemembers

7 serving in Operation Iraqi Freedom and Operation

8 Enduring Freedom.

9 (c) TRAINING.—The National Center on Post Trau10 matic Stress Disorder shall work with the Secretary of De11 fense to ensure that clinicians in the Department of Defense

12 are provided with the training and protocols developed pur13 suant to subsection (b)(1).

14 SEC. 226. (a) The Secretary of Veterans Affairs shall

15 immediately submit to the Committees on Veterans’ Affairs

16 and Appropriations of the Senate and the House of Rep17 resentatives a report on any Department of Veterans Affairs

18 budget shortfall totaling 2 percent or more of the Depart19 ment’s total discretionary funding budget for a fiscal year.

20 (b) The Secretary of Veterans Affairs shall, not later

21 than 180 days after the date of the enactment of this Act,

22 submit to the Committees on Veterans’ Affairs and Appro23 priations of the Senate and the House of Representatives

24 a comprehensive plan to improve long-term budget plan-
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1 ning and actuarial forecasting at the Department of Vet2 erans Affairs.

3 SEC. 227. (a) In conducting advanced planning activi4 ties under this Act, the Secretary of Veterans Affairs shall

5 reevaluate Veterans Health Administration Handbook

6 1006.1 and other guidance and procedures related to plan7 ning, activating, staffing, and maintaining community8 based outpatient clinics.

9 (b) In conducting such planning, the Secretary shall—

10 (1) revise as appropriate existing policies to

11 make them less disadvantageous to rural veterans;

12 and

13 (2) reexamine criteria used in planning, acti14 vating, staffing, and maintaining such clinics, in15 cluding geographic access, number of Priority 1–6

16 veterans, market penetration, cost effectiveness, and

17 distance to parent facilities, to determine whether

18 such criteria are weighted in a manner that nega19 tively affects rural veterans.

20 TITLE III—RELATED AGENCIES

21 AMERICAN BATTLE MONUMENTS COMMISSION

22 SALARIES AND EXPENSES

23 For necessary expenses, not otherwise provided for, of

24 the American Battle Monuments Commission, including the

25 acquisition of land or interest in land in foreign countries;
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1 purchases and repair of uniforms for caretakers of national

2 cemeteries and monuments outside of the United States and

3 its territories and possessions; rent of office and garage

4 space in foreign countries; purchase (one for replacement

5 only) and hire of passenger motor vehicles; not to exceed

6 $7,500 for official reception and representation expenses;

7 and insurance of official motor vehicles in foreign countries,

8 when required by law of such countries, $36,250,000, to re9 main available until expended.

10 FOREIGN CURRENCY FLUCTUATIONS

11 For necessary expenses, not otherwise provided for, of

12 the American Battle Monuments Commission, $15,250,000,

13 to remain available until expended, for purposes authorized

14 by title 36, United States Code, section 2109.

15 UNITED STATES COURT OF APPEALS FOR

16 VETERANS CLAIMS

17 SALARIES AND EXPENSES

18 For necessary expenses for the operation of the United

19 States Court of Appeals for Veterans Claims as authorized

20 by title 38, United States Code, sections 7251–7298,

21 $18,795,000, of which $1,260,000 shall be available for the

22 purpose of providing financial assistance as described, and

23 in accordance with the process and reporting procedures set

24 forth, under this heading in Public Law 102–229.
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1 DEPARTMENT OF DEFENSE—CIVIL

2 CEMETERIAL EXPENSES, ARMY

3 SALARIES AND EXPENSES

4 For necessary expenses, as authorized by law, for

5 maintenance, operation, and improvement of Arlington Na6 tional Cemetery and Soldiers’ and Airmen’s Home Na7 tional Cemetery, including the purchase of two passenger

8 motor vehicles for replacement only, and not to exceed

9 $1,000 for official reception and representation expenses,

10 $28,550,000, to remain available until expended. In addi11 tion, such sums as may be necessary for parking mainte12 nance, repairs and replacement, to be derived from the lease

13 of Department of Defense Real Property for Defense Agen14 cies account.

15 ARMED FORCES RETIREMENT HOME

16 ARMED FORCES RETIREMENT HOME

17 For expenses necessary for the Armed Forces Retire18 ment Home to operate and maintain the Armed Forces Re19 tirement Home—Washington, District of Columbia and the

20 Armed Forces Retirement Home—Gulfport, Mississippi, to

21 be paid from funds available in the Armed Forces Retire22 ment Home Trust Fund, $58,281,000, of which $1,248,000

23 shall remain available until expended for construction and

24 renovation of the physical plants at the Armed Forces Re-
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1 tirement Home—Washington, District of Columbia and the

2 Armed Forces Retirement Home—Gulfport, Mississippi.

3 GENERAL PROVISIONS

4 SEC. 301. Any limitation, directive, or earmarking

5 contained in either the House of Representatives or Senate

6 report accompanying H.R. 2528 shall also be included in

7 the conference report or joint statement accompanying H.R.

8 2528 in order to be considered as having been approved by

9 both Houses of Congress.

10 This Act may be cited as the ‘‘Military Construction

11 and Veterans Affairs, and Related Agencies Appropriations

12 Act, 2006’’.

Amend the title so as to read: ‘‘An Act making appropriations for Military Construction and Veterans Affairs, and Related Agencies for the fiscal year ending

September 30, 2006, and for other purposes.’’.

Attest:

Secretary.
109TH CONGRESS

1ST SESSION H. R. 2528

AMENDMENTS