II 

Calendar No. 169 

109TH CONGRESS 

1ST SESSION H.R. 2528 

[Report No. 109–105] 

IN THE SENATE OF THE UNITED STATES 

MAY 26, 2005 

Received; read twice and referred to the Committee on Appropriations 

JULY 21, 2005 

Reported by MRS. HUTCHISON, with an amendment and an amendment to the 

title 

[Strike out all after the enacting clause and insert the part printed in italic] 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated for 

5 military quality of life functions of the Department of De-
2 

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1 fense, military construction, the Department of Veterans 

2 Affairs, and related agencies, for the fiscal year ending 

3 September 30, 2006, and for other purposes, namely: 

4 TITLE I 

5 DEPARTMENT OF DEFENSE 

6 MILITARY CONSTRUCTION, ARMY

7 For acquisition, construction, installation, and equip8 ment of temporary or permanent public works, military 

9 installations, facilities, and real property for the Army as 

10 currently authorized by law, including personnel in the 

11 Army Corps of Engineers and other personal services nec12 essary for the purposes of this appropriation, and for con13 struction and operation of facilities in support of the func14 tions of the Commander in Chief, $1,602,552,000, to re15 main available until September 30, 2010: Provided, That 

16 of this amount, not to exceed $168,804,000 shall be avail17 able for study, planning, design, architect and engineer 

18 services, and host nation support, as authorized by law, 

19 unless the Secretary of Defense determines that additional 

20 obligations are necessary for such purposes and notifies 

21 the Committees on Appropriations of both Houses of Con22 gress of the determination and the reasons therefor. 

23 In addition, $50,000,000, to remain available until 

24 September 30, 2007, for overhead cover systems to sup25 port force protection activities in Iraq: Provided, That not-
3 

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1 withstanding any other provision of law, such funds may 

2 be obligated or expended to carry out planning and design 

3 and military construction projects not otherwise author4 ized by law. 

5 MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

6 For acquisition, construction, installation, and equip7 ment of temporary or permanent public works, naval in8 stallations, facilities, and real property for the Navy and 

9 Marine Corps as currently authorized by law, including 

10 personnel in the Naval Facilities Engineering Command 

11 and other personal services necessary for the purposes of 

12 this appropriation, $1,109,177,000, to remain available 

13 until September 30, 2010: Provided, That of this amount, 

14 not to exceed $36,029,000 shall be available for study, 

15 planning, design, and architect and engineer services, as 

16 authorized by law, unless the Secretary of Defense deter17 mines that additional obligations are necessary for such 

18 purposes and notifies the Committees on Appropriations 

19 of both Houses of Congress of the determination and the 

20 reasons therefor. 

21 MILITARY CONSTRUCTION, AIR FORCE

22 For acquisition, construction, installation, and equip23 ment of temporary or permanent public works, military 

24 installations, facilities, and real property for the Air Force 

25 as currently authorized by law, $1,171,338,000, to remain 
4 

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

2 amount, not to exceed $91,733,000 shall be available for 

3 study, planning, design, and architect and engineer serv4 ices, as authorized by law, unless the Secretary of Defense 

5 determines that additional obligations are necessary for 

6 such purposes and notifies the Committees on Appropria7 tions of both Houses of Congress of the determination and 

8 the reasons therefor. 

9 MILITARY CONSTRUCTION, DEFENSE-WIDE

10 (INCLUDING TRANSFER OF FUNDS)

11 For acquisition, construction, installation, and equip12 ment of temporary or permanent public works, installa13 tions, facilities, and real property for activities and agen14 cies of the Department of Defense (other than the military 

15 departments), as currently authorized by law, 

16 $976,664,000, to remain available until September 30, 

17 2010: Provided, That such amounts of this appropriation 

18 as may be determined by the Secretary of Defense may 

19 be transferred to such appropriations of the Department 

20 of Defense available for military construction or family 

21 housing as the Secretary may designate, to be merged with 

22 and to be available for the same purposes, and for the 

23 same time period, as the appropriation or fund to which 

24 transferred: Provided further, That of the amount appro25 priated, not to exceed $107,285,000 shall be available for 
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1 study, planning, design, and architect and engineer serv2 ices, as authorized by law, unless the Secretary of Defense 

3 determines that additional obligations are necessary for 

4 such purposes and notifies the Committees on Appropria5 tions of both Houses of Congress of the determination and 

6 the reasons therefor. 

7 MILITARY CONSTRUCTION, ARMY NATIONAL GUARD

8 For construction, acquisition, expansion, rehabilita9 tion, and conversion of facilities for the training and ad10 ministration of the Army National Guard, and contribu11 tions therefor, as authorized by chapter 1803 of title 10, 

12 United States Code, and Military Construction Authoriza13 tion Acts, $410,624,000, to remain available until Sep14 tember 30, 2010. 

15 MILITARY CONSTRUCTION, AIR NATIONAL GUARD

16 For construction, acquisition, expansion, rehabilita17 tion, and conversion of facilities for the training and ad18 ministration of the Air National Guard, and contributions 

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

20 States Code, and Military Construction Authorization 

21 Acts, $225,727,000, to remain available until September 

22 30, 2010. 

23 MILITARY CONSTRUCTION, ARMY RESERVE

24 For construction, acquisition, expansion, rehabilita25 tion, and conversion of facilities for the training and ad-
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1 ministration of the Army Reserve as authorized by chapter 

2 1803 of title 10, United States Code, and Military Con3 struction Authorization Acts, $138,425,000, to remain 

4 available until September 30, 2010. 

5 MILITARY CONSTRUCTION, NAVAL RESERVE

6 For construction, acquisition, expansion, rehabilita7 tion, and conversion of facilities for the training and ad8 ministration of the reserve components of the Navy and 

9 Marine Corps as authorized by chapter 1803 of title 10, 

10 United States Code, and Military Construction Authoriza11 tion Acts, $45,226,000, to remain available until Sep12 tember 30, 2010. 

13 MILITARY CONSTRUCTION, AIR FORCE RESERVE

14 For construction, acquisition, expansion, rehabilita15 tion, and conversion of facilities for the training and ad16 ministration of the Air Force Reserve as authorized by 

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

18 Construction Authorization Acts, $110,847,000, to remain 

19 available until September 30, 2010. 

20 NORTH ATLANTIC TREATY ORGANIZATION

21 SECURITY INVESTMENT PROGRAM

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

23 Atlantic Treaty Organization Security Investment Pro24 gram for the acquisition and construction of military fa25 cilities and installations (including international military 
7 

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1 headquarters) and for related expenses for the collective 

2 defense of the North Atlantic Treaty Area as authorized 

3 by section 2806 of title 10, United States Code, and Mili4 tary Construction Authorization Acts, $206,858,000, to 

5 remain available until expended. 

6 FAMILY HOUSING CONSTRUCTION, ARMY

7 For expenses of family housing for the Army for con8 struction, including acquisition, replacement, addition, ex9 pansion, extension, and alteration, as authorized by law, 

10 $549,636,000, to remain available until September 30, 

11 2010. 

12 FAMILY HOUSING OPERATION AND MAINTENANCE, 

13 ARMY

14 For expenses of family housing for the Army for op15 eration and maintenance, including debt payment, leasing, 

16 minor construction, principal and interest charges, and in17 surance premiums, as authorized by law, $803,993,000. 

18 FAMILY HOUSING CONSTRUCTION, NAVY AND MARINE

19 CORPS

20 For expenses of family housing for the Navy and Ma21 rine Corps for construction, including acquisition, replace22 ment, addition, expansion, extension, and alteration, as 

23 authorized by law, $218,942,000, to remain available until 

24 September 30, 2010. 
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1 FAMILY HOUSING OPERATION AND MAINTENANCE, 

2 NAVY 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 

7 law, $588,660,000. 

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 $1,236,220,000, 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 $755,319,000. 

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 

25 military departments) for operation and maintenance, 
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1 leasing, and minor construction, as authorized by law, 

2 $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 pursu8 ant to section 2883 of title 10, United States Code, pro9 viding alternative means of acquiring and improving mili10 tary family housing and supporting facilities. 

11 BASE REALIGNMENT AND CLOSURE ACCOUNT 1990 

12 For deposit into the Department of Defense Base 

13 Closure Account 1990, established by section 2906(a)(1) 

14 of the Defense Base Closure and Realignment Act of 1990 

15 (10 U.S.C. 2687 note), $377,827,000, to remain available 

16 until expended. 

17 BASE REALIGNMENT AND CLOSURE ACCOUNT 2005 

18 For deposit into the Department of Defense Base Re19 alignment and Closure Account 2005, established by sec20 tion 2906A(a)(1) of the Defense Base Closure and Re21 alignment Act of 1990 (10 U.S.C. 2687 note), 

22 $1,570,466,000, to remain available until expended. 

23 BASIC ALLOWANCE FOR HOUSING, ARMY

24 For basic allowance for housing, for members of the 

25 Army on active duty, $3,945,392,000. 
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1 BASIC ALLOWANCE FOR HOUSING, NAVY

2 For basic allowance for housing, for members of the 

3 Navy on active duty, $3,592,905,000. 

4 BASIC ALLOWANCE FOR HOUSING, MARINE CORPS

5 For basic allowance for housing, for members of the 

6 Marine Corps on active duty, $1,179,071,000. 

7 BASIC ALLOWANCE FOR HOUSING, AIR FORCE

8 For basic allowance for housing, for members of the 

9 Air Force on active duty, $3,240,113,000. 

10 BASIC ALLOWANCE FOR HOUSING, ARMY NATIONAL

11 GUARD

12 For basic allowance for housing, for members of the 

13 Army National Guard on active duty, $453,690,000. 

14 BASIC ALLOWANCE FOR HOUSING, AIR NATIONAL

15 GUARD

16 For basic allowance for housing, for members of the 

17 Air National Guard on active duty, $248,317,000. 

18 BASIC ALLOWANCE FOR HOUSING, ARMY RESERVE

19 For basic allowance for housing, for members of the 

20 Army Reserve on active duty, $310,566,000. 

21 BASIC ALLOWANCE FOR HOUSING, NAVAL RESERVE

22 For basic allowance for housing, for members of the 

23 Naval Reserve on active duty, $191,338,000. 
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1 BASIC ALLOWANCE FOR HOUSING, MARINE CORPS

2 RESERVE

3 For basic allowance for housing, for members of the 

4 Marine Corps Reserve on active duty, $40,609,000. 

5 BASIC ALLOWANCE FOR HOUSING, AIR FORCE RESERVE

6 For basic allowance for housing, for members of the 

7 Air Force Reserve on active duty, $71,286,000. 

8 FACILITIES SUSTAINMENT, RESTORATION AND

9 MODERNIZATION, ARMY

10 For expenses for facilities sustainment, restoration 

11 and modernization of the Army, $1,850,518,000. 

12 FACILITIES SUSTAINMENT, RESTORATION AND

13 MODERNIZATION, NAVY

14 For expenses for facilities sustainment, restoration 

15 and modernization of the Navy, $1,344,971,000. 

16 FACILITIES SUSTAINMENT, RESTORATION AND

17 MODERNIZATION, MARINE CORPS

18 For expenses for facilities sustainment, restoration 

19 and modernization of the Marine Corps, $553,960,000. 

20 FACILITIES SUSTAINMENT, RESTORATION AND

21 MODERNIZATION, AIR FORCE

22 For expenses for facilities sustainment, restoration 

23 and modernization of the Air Force, $1,845,701,000. 
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1 FACILITIES SUSTAINMENT, RESTORATION AND

2 MODERNIZATION, DEFENSE-WIDE

3 For expenses for facilities sustainment, restoration 

4 and modernization of the Department of Defense, 

5 $115,400,000. 

6 FACILITIES SUSTAINMENT, RESTORATION AND

7 MODERNIZATION, ARMY NATIONAL GUARD

8 For expenses for facilities sustainment, restoration 

9 and modernization of the Army National Guard, 

10 $391,544,000. 

11 FACILITIES SUSTAINMENT, RESTORATION AND

12 MODERNIZATION, AIR NATIONAL GUARD

13 For expenses for facilities sustainment, restoration 

14 and modernization of the Air National Guard, 

15 $184,791,000. 

16 FACILITIES SUSTAINMENT, RESTORATION AND

17 MODERNIZATION, ARMY RESERVE

18 For expenses for facilities sustainment, restoration 

19 and modernization of the Army Reserve, $204,370,000. 

20 FACILITIES SUSTAINMENT, RESTORATION AND

21 MODERNIZATION, NAVAL RESERVE

22 For expenses for facilities sustainment, restoration 

23 and modernization of the Naval Reserve, $67,788,000. 
13 

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1 FACILITIES SUSTAINMENT, RESTORATION AND

2 MODERNIZATION, MARINE CORPS RESERVE

3 For expenses for facilities sustainment, restoration 

4 and modernization of the Marine Corps Reserve, 

5 $10,105,000. 

6 FACILITIES SUSTAINMENT, RESTORATION AND

7 MODERNIZATION, AIR FORCE RESERVE

8 For expenses for facilities sustainment, restoration 

9 and modernization of the Air Force Reserve, $55,764,000. 

10 ENVIRONMENTAL RESTORATION, ARMY

11 (INCLUDING TRANSFER OF FUNDS)

12 For the Department of the Army, $407,865,000, to 

13 remain available until transferred: Provided, That the Sec14 retary of the Army shall, upon determining that such 

15 funds are required for environmental restoration, reduc16 tion and recycling of hazardous waste, removal of unsafe 

17 buildings and debris of the Department of the Army, or 

18 for similar purposes, transfer the funds made available by 

19 this appropriation to other appropriations made available 

20 to the Department of the Army, to be merged with and 

21 to be available for the same purposes and for the same 

22 time period as the appropriations to which transferred: 

23 Provided further, That upon a determination that all or 

24 part of the funds transferred from this appropriation are 
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1 not necessary for the purposes provided herein, such 

2 amounts may be transferred back to this appropriation. 

3 ENVIRONMENTAL RESTORATION, NAVY

4 (INCLUDING TRANSFER OF FUNDS)

5 For the Department of the Navy, $305,275,000, to 

6 remain available until transferred: Provided, That the Sec7 retary of the Navy shall, upon determining that such 

8 funds are required for environmental restoration, reduc9 tion and recycling of hazardous waste, removal of unsafe 

10 buildings and debris of the Department of the Navy, or 

11 for similar purposes, transfer the funds made available by 

12 this appropriation to other appropriations made available 

13 to the Department of the Navy, to be merged with and 

14 to be available for the same purposes and for the same 

15 time period as the appropriations to which transferred: 

16 Provided further, That upon a determination that all or 

17 part of the funds transferred from this appropriation are 

18 not necessary for the purposes provided herein, such 

19 amounts may be transferred back to this appropriation. 

20 ENVIRONMENTAL RESTORATION, AIR FORCE

21 (INCLUDING TRANSFER OF FUNDS)

22 For the Department of the Air Force, $406,461,000, 

23 to remain available until transferred: Provided, That the 

24 Secretary of the Air Force shall, upon determining that 

25 such funds are required for environmental restoration, re-
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1 duction and recycling of hazardous waste, removal of un2 safe buildings and debris of the Department of the Air 

3 Force, or for similar purposes, transfer the funds made 

4 available by this appropriation to other appropriations 

5 made available to the Department of the Air Force, to be 

6 merged with and to be available for the same purposes 

7 and for the same time period as the appropriations to 

8 which transferred: Provided further, That upon a deter9 mination that all or part of the funds transferred from 

10 this appropriation are not necessary for the purposes pro11 vided herein, such amounts may be transferred back to 

12 this appropriation. 

13 ENVIRONMENTAL RESTORATION, DEFENSE-WIDE

14 (INCLUDING TRANSFER OF FUNDS)

15 For the Department of Defense, $28,167,000, to re16 main available until transferred: Provided, That the Sec17 retary of Defense shall, upon determining that such funds 

18 are required for environmental restoration, reduction and 

19 recycling of hazardous waste, removal of unsafe buildings 

20 and debris of the Department of Defense, or for similar 

21 purposes, transfer the funds made available by this appro22 priation to other appropriations made available to the De23 partment of Defense, to be merged with and to be avail24 able for the same purposes and for the same time period 

25 as the appropriations to which transferred: Provided fur-
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1 ther, That upon a determination that all or part of the 

2 funds transferred from this appropriation are not nec3 essary for the purposes provided herein, such amounts 

4 may be transferred back to this appropriation. 

5 ENVIRONMENTAL RESTORATION, FORMERLY USED

6 DEFENSE SITES

7 (INCLUDING TRANSFER OF FUNDS)

8 For the Department of the Army, $221,921,000, to 

9 remain available until transferred: Provided, That the Sec10 retary of the Army shall, upon determining that such 

11 funds are required for environmental restoration, reduc12 tion and recycling of hazardous waste, removal of unsafe 

13 buildings and debris at sites formerly used by the Depart14 ment of Defense, transfer the funds made available by this 

15 appropriation to other appropriations made available to 

16 the Department of the Army, to be merged with and to 

17 be available for the same purposes and for the same time 

18 period as the appropriations to which transferred: Pro19 vided further, That upon a determination that all or part 

20 of the funds transferred from this appropriation are not 

21 necessary for the purposes provided herein, such amounts 

22 may be transferred back to this appropriation. 

23 DEFENSE HEALTH PROGRAM

24 For expenses, not otherwise provided for, for medical 

25 and health care programs of the Department of Defense, 
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1 as authorized by law, $19,983,912,000, of which 

2 $19,184,537,000 shall be for operation and maintenance, 

3 of which not to exceed 2 percent shall remain available 

4 until September 30, 2007, and of which up to 

5 $10,212,427,000 may be available for contracts entered 

6 into under the TRICARE program; of which 

7 $355,119,000, to remain available for obligation until Sep8 tember 30, 2008, shall be for procurement; and of which 

9 $444,256,000, to remain available for obligation until Sep10 tember 30, 2007, shall be for research, development, test 

11 and evaluation: Provided, That notwithstanding any other 

12 provision of law, of the amount made available under this 

13 heading for research, development, test and evaluation, 

14 not less than $7,500,000 shall be available for HIV pre15 vention educational activities undertaken in connection 

16 with U.S. military training, exercises, and humanitarian 

17 assistance activities conducted primarily in African na18 tions. 

19 ADMINISTRATIVE PROVISIONS

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

21 title shall be expended for payments under a cost-plus-a22 fixed-fee contract for construction, where cost estimates 

23 exceed $25,000, to be performed within the United States, 

24 except Alaska, without the specific approval in writing of 
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1 the Secretary of Defense setting forth the reasons there2 for. 

3 SEC. 102. Funds appropriated in this title for con4 struction shall be available for hire of passenger motor ve5 hicles. 

6 SEC. 103. Funds appropriated in this title for con7 struction may be used for advances to the Federal High8 way Administration, Department of Transportation, for 

9 the construction of access roads as authorized by section 

10 210 of title 23, United States Code, when projects author11 ized therein are certified as important to the national de12 fense by the Secretary of Defense. 

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

14 title may be used to begin construction of new bases in 

15 the United States for which specific appropriations have 

16 not been made. 

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

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

19 in excess of 100 percent of the value as determined by 

20 the Army Corps of Engineers or the Naval Facilities Engi21 neering Command, except: (1) where there is a determina22 tion of value by a Federal court; (2) purchases negotiated 

23 by the Attorney General or the designee of the Attorney 

24 General; (3) where the estimated value is less than 
19 

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1 $25,000; or (4) as otherwise determined by the Secretary 

2 of Defense to be in the public interest. 

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

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

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

6 except housing for which funds have been made available 

7 in annual Acts making appropriations for military con8 struction. 

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

10 title for minor construction may be used to transfer or 

11 relocate any activity from one base or installation to an12 other, without prior notification to the Committees on Ap13 propriations of both Houses of Congress. 

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

15 title may be used for the procurement of steel for any con16 struction project or activity for which American steel pro17 ducers, fabricators, and manufacturers have been denied 

18 the opportunity to compete for such steel procurement. 

19 SEC. 109. None of the funds available to the Depart20 ment of Defense for military construction or family hous21 ing during the current fiscal year may be used to pay real 

22 property taxes in any foreign nation. 

23 SEC. 110. None of the funds made available in this 

24 title may be used to initiate a new installation overseas 
20 

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1 without prior notification to the Committees on Appro2 priations of both Houses of Congress. 

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

4 title may be obligated for architect and engineer contracts 

5 estimated by the Government to exceed $500,000 for 

6 projects to be accomplished in Japan, in any NATO mem7 ber country, or in countries bordering the Arabian Sea, 

8 unless such contracts are awarded to United States firms 

9 or United States firms in joint venture with host nation 

10 firms. 

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

12 title for military construction in the United States terri13 tories and possessions in the Pacific and on Kwajalein 

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

15 used to award any contract estimated by the Government 

16 to exceed $1,000,000 to a foreign contractor: Provided, 

17 That this section shall not be applicable to contract 

18 awards for which the lowest responsive and responsible bid 

19 of a United States contractor exceeds the lowest respon20 sive and responsible bid of a foreign contractor by greater 

21 than 20 percent: Provided further, That this section shall 

22 not apply to contract awards for military construction on 

23 Kwajalein Atoll for which the lowest responsive and re24 sponsible bid is submitted by a Marshallese contractor. 
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1 SEC. 113. The Secretary of Defense is to inform the 

2 appropriate committees of both Houses of Congress, in3 cluding the Committees on Appropriations, of the plans 

4 and scope of any proposed military exercise involving 

5 United States personnel 30 days prior to its occurring, 

6 if amounts expended for construction, either temporary or 

7 permanent, are anticipated to exceed $100,000. 

8 SEC. 114. Not more than 20 percent of the funds 

9 made available in this title which are limited for obligation 

10 during the current fiscal year shall be obligated during 

11 the last 2 months of the fiscal year. 

12 (TRANSFER OF FUNDS)

13 SEC. 115. Funds appropriated to the Department of 

14 Defense for construction in prior years shall be available 

15 for construction authorized for each such military depart16 ment by the authorizations enacted into law during the 

17 current session of Congress. 

18 SEC. 116. For military construction or family housing 

19 projects that are being completed with funds otherwise ex20 pired or lapsed for obligation, expired or lapsed funds may 

21 be used to pay the cost of associated supervision, inspec22 tion, overhead, engineering and design on those projects 

23 and on subsequent claims, if any. 

24 SEC. 117. Notwithstanding any other provision of 

25 law, any funds appropriated to a military department or 

26 defense agency for the construction of military projects 
22 

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1 may be obligated for a military construction project or 

2 contract, or for any portion of such a project or contract, 

3 at any time before the end of the fourth fiscal year after 

4 the fiscal year for which funds for such project were ap5 propriated if the funds obligated for such project: (1) are 

6 obligated from funds available for military construction 

7 projects; and (2) do not exceed the amount appropriated 

8 for such project, plus any amount by which the cost of 

9 such project is increased pursuant to law. 

10 SEC. 118. The Secretary of Defense is to provide the 

11 Committees on Appropriations of both Houses of Congress 

12 with an annual report by February 15, containing details 

13 of the specific actions proposed to be taken by the Depart14 ment of Defense during the current fiscal year to encour15 age other member nations of the North Atlantic Treaty 

16 Organization, Japan, Korea, and United States allies bor17 dering the Arabian Sea to assume a greater share of the 

18 common defense burden of such nations and the United 

19 States. 

20 (TRANSFER OF FUNDS)

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

22 available to the Department of Defense, proceeds depos23 ited to the Department of Defense Base Closure Account 

24 established by section 207(a)(1) of the Defense Authoriza25 tion Amendments and Base Closure and Realignment Act 

26 (10 U.S.C. 2687 note) pursuant to section 207(a)(2)(C) 
23 

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1 of such Act, may be transferred to the account established 

2 by section 2906(a)(1) of the Defense Base Closure and 

3 Realignment Act of 1990 (10 U.S.C. 2687 note), to be 

4 merged with, and to be available for the same purposes 

5 and the same time period as that account. 

6 (TRANSFER OF FUNDS)

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

8 Committees on Appropriations of both Houses of Con9 gress, such additional amounts as may be determined by 

10 the Secretary of Defense may be transferred to: (1) the 

11 Department of Defense Family Housing Improvement 

12 Fund from amounts appropriated for construction in 

13 ‘‘Family Housing’’ accounts, to be merged with and to be 

14 available for the same purposes and for the same period 

15 of time as amounts appropriated directly to the Fund; or 

16 (2) the Department of Defense Military Unaccompanied 

17 Housing Improvement Fund from amounts appropriated 

18 for construction of military unaccompanied housing in 

19 ‘‘Military Construction’’ accounts, to be merged with and 

20 to be available for the same purposes and for the same 

21 period of time as amounts appropriated directly to the 

22 Fund: Provided, That appropriations made available to 

23 the Funds shall be available to cover the costs, as defined 

24 in section 502(5) of the Congressional Budget Act of 

25 1974, of direct loans or loan guarantees issued by the De26 partment of Defense pursuant to the provisions of sub-
24 

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1 chapter IV of chapter 169 of title 10, United States Code, 

2 pertaining to alternative means of acquiring and improv3 ing military family housing, military unaccompanied hous4 ing, and supporting facilities. 

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

6 title may be obligated for Partnership for Peace Programs 

7 in the New Independent States of the former Soviet 

8 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 

13 Appropriations of both Houses of Congress the notice de14 scribed in subsection (b). 

15 (b)(1) A notice referred to in subsection (a) is a no16 tice of any guarantee (including the making of mortgage 

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

18 to the private party under the contract involved in the 

19 event of— 

20 (A) the closure or realignment of the installa21 tion for which housing is provided under the con22 tract; 

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

24 such installation; or 
25 

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1 (C) the extended deployment overseas of units 

2 stationed at such installation. 

3 (2) Each notice under this subsection shall specify 

4 the nature of the guarantee involved and assess the extent 

5 and likelihood, if any, of the liability of the Federal Gov6 ernment with respect to the guarantee. 

7 (TRANSFER OF FUNDS)

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

9 available to the Department of Defense, amounts may be 

10 transferred from the account established by section 

11 2906(a)(1) of the Defense Base Closure and Realignment 

12 Act of 1990 (10 U.S.C. 2687 note), to the fund estab13 lished by section 1013(d) of the Demonstration Cities and 

14 Metropolitan Development Act of 1966 (42 U.S.C. 3374) 

15 to pay for expenses associated with the Homeowners As16 sistance Program. Any amounts transferred shall be 

17 merged with and be available for the same purposes and 

18 for the same time period as the fund to which transferred. 

19 SEC. 124. Notwithstanding this or any other provi20 sion of law, funds made available in this title for operation 

21 and maintenance of family housing shall be the exclusive 

22 source of funds for repair and maintenance of all family 

23 housing units, including general or flag officer quarters: 

24 Provided, That not more than $35,000 per unit may be 

25 spent annually for the maintenance and repair of any gen26 eral or flag officer quarters without 30 days prior notifica-
26 

HR 2528 RS 

1 tion to the Committees on Appropriations of both Houses 

2 of Congress, except that an after-the-fact notification shall 

3 be submitted if the limitation is exceeded solely due to 

4 costs associated with environmental remediation that 

5 could not be reasonably anticipated at the time of the 

6 budget submission: Provided further, That the Under Sec7 retary of Defense (Comptroller) is to report annually to 

8 the Committees on Appropriations of both Houses of Con9 gress all operation and maintenance expenditures for each 

10 individual general or flag officer quarters for the prior fis11 cal year. 

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

13 title under the heading ‘‘North Atlantic Treaty Organiza14 tion Security Investment Program’’, and no funds appro15 priated for any fiscal year before fiscal year 2006 for that 

16 program that remain available for obligation, may be obli17 gated or expended for the conduct of studies of missile 

18 defense. 

19 SEC. 126. Whenever the Secretary of Defense or any 

20 other official of the Department of Defense is requested 

21 by the subcommittee on Military Quality of Life and Vet22 erans Affairs, and Related Agencies of the Committee on 

23 Appropriations of the House of Representatives or the 

24 subcommittee on Military Construction and Veterans Af25 fairs, and Related Agencies of the Committee on Appro-
27 

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1 priations of the Senate to respond to a question or inquiry 

2 submitted by the chairman or another member of that 

3 subcommittee pursuant to a subcommittee hearing or 

4 other activity, the Secretary (or other official) shall re5 spond to the request, in writing, within 21 days of the 

6 date on which the request is transmitted to the Secretary 

7 (or other official). 

8 SEC. 127. Amounts contained in the Ford Island Im9 provement Account established by subsection (h) of sec10 tion 2814 of title 10, United States Code, are appro11 priated and shall be available until expended for the pur12 poses specified in subsection (i)(1) of such section or until 

13 transferred pursuant to subsection (i)(3) of such section. 

14 (TRANSFER OF FUNDS)

15 SEC. 128. During the 5-year period after appropria16 tions available to the Department of Defense for military 

17 construction and family housing operation and mainte18 nance and construction have expired for obligation, upon 

19 a determination that such appropriations will not be nec20 essary for the liquidation of obligations or for making au21 thorized adjustments to such appropriations for obliga22 tions incurred during the period of availability of such ap23 propriations, unobligated balances of such appropriations 

24 may be transferred into the appropriation, ‘‘Foreign Cur25 rency Fluctuations, Construction, Defense,’’ to be merged 

26 with and to be available for the same time period and for 
28 

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1 the same purposes as the appropriation to which trans2 ferred. 

3 SEC. 129. None of the funds appropriated in this title 

4 available for the Civilian Health and Medical Program of 

5 the Uniformed Services (CHAMPUS) or TRICARE shall 

6 be available for the reimbursement of any health care pro7 vider for inpatient mental health service for care received 

8 when a patient is referred to a provider of inpatient men9 tal health care or residential treatment care by a medical 

10 or health care professional having an economic interest in 

11 the facility to which the patient is referred: Provided, That 

12 this limitation does not apply in the case of inpatient men13 tal health services provided under the program for persons 

14 with disabilities under subsection (d) of section 1079 of 

15 title 10, United States Code, provided as partial hospital 

16 care, or provided pursuant to a waiver authorized by the 

17 Secretary of Defense because of medical or psychological 

18 circumstances of the patient that are confirmed by a 

19 health professional who is not a Federal employee after 

20 a review, pursuant to rules prescribed by the Secretary, 

21 which takes into account the appropriate level of care for 

22 the patient, the intensity of services required by the pa23 tient, and the availability of that care. 

24 SEC. 130. The Secretary of Defense, in coordination 

25 with the Secretary of Health and Human Services, may 
29 

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1 carry out a program to distribute surplus dental and med2 ical equipment of the Department of Defense, at no cost 

3 to the Department of Defense, to Indian Health Service 

4 facilities and to federally-qualified health centers (within 

5 the meaning of section 1905(l)(2)(B) of the Social Secu6 rity Act (42 U.S.C. 1396d(l)(2)(B))). 

7 SEC. 131. None of the funds made available in this 

8 title may be used to carry out a military construction 

9 project, land acquisition, or family housing project for a 

10 military installation approved for closure in 2005 under 

11 the Defense Base Closure and Realignment Act of 1990 

12 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 

13 2687 note), and the Secretary of Defense may not transfer 

14 funds appropriated for such a military construction 

15 project, land acquisition, or family housing project to an16 other account or use such funds for another purpose or 

17 project without the approval of the Committees on Appro18 priations of both Houses of Congress. 

19 SEC. 132. None of the funds in this title for oper20 ation, maintenance, or repair of housing for general offi21 cers and flag officers in the National Capital Region may 

22 be used until the Department of Defense submits the re23 port required by section 2802(c) of the Military Construc24 tion Authorization Act for Fiscal Year 2005. 
30 

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1 TITLE II 

2 DEPARTMENT OF VETERANS AFFAIRS 

3 VETERANS BENEFITS ADMINISTRATION

4 COMPENSATION AND PENSIONS

5 (INCLUDING TRANSFER OF FUNDS)

6 For the payment of compensation benefits to or on 

7 behalf of veterans and a pilot program for disability ex8 aminations as authorized by law (38 U.S.C. 107, chapters 

9 11, 13, 18, 51, 53, 55, and 61); pension benefits to or 

10 on behalf of veterans as authorized by law (38 U.S.C. 

11 chapters 15, 51, 53, 55, and 61; 92 Stat. 2508); and bur12 ial benefits, emergency and other officers’ retirement pay, 

13 adjusted-service credits and certificates, payment of pre14 miums due on commercial life insurance policies guaran15 teed under the provisions of title IV of the Servicemembers 

16 Civil Relief Act (50 U.S.C. App. 540 et seq.) and for other 

17 benefits as authorized by law (38 U.S.C. 107, 1312, 1977, 

18 and 2106, chapters 23, 51, 53, 55, and 61; 43 Stat. 122, 

19 123; 45 Stat. 735; 76 Stat. 1198), $33,412,879,000, to 

20 remain available until expended: Provided, That not to ex21 ceed $23,491,000 of the amount appropriated under this 

22 heading shall be reimbursed to ‘‘General operating ex23 penses’’ and ‘‘Medical services’’ for necessary expenses in 

24 implementing the provisions of chapters 51, 53, and 55 

25 of title 38, United States Code), the funding source for 

26 which is specifically provided as the ‘‘Compensation and 
31 

HR 2528 RS 

1 pensions’’ appropriation: Provided further, That such sums 

2 as may be earned on an actual qualifying patient basis, 

3 shall be reimbursed to ‘‘Medical facilities revolving fund’’ 

4 to augment the funding of individual medical facilities for 

5 nursing home care provided to pensioners as authorized. 

6 READJUSTMENT BENEFITS

7 For the payment of readjustment and rehabilitation 

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

9 (38 U.S.C. chapters 21, 30, 31, 34, 35, 36, 39, 51, 53, 

10 55, and 61), $3,214,246,000, to remain available until ex11 pended: Provided, That expenses for rehabilitation pro12 gram services and assistance which the Secretary is au13 thorized to provide under section 3104(a) of title 38, 

14 United States Code, other than under subsection (a)(1), 

15 (2), (5), and (11) of that section, shall be charged to this 

16 account. 

17 VETERANS INSURANCE AND INDEMNITIES

18 For military and naval insurance, national service life 

19 insurance, servicemen’s indemnities, service-disabled vet20 erans insurance, and veterans mortgage life insurance as 

21 authorized by 38 U.S.C. chapter 19; 70 Stat. 887; 72 

22 Stat. 487, $45,907,000, to remain available until ex23 pended. 
32 

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1 VETERANS HOUSING BENEFIT PROGRAM FUND

2 PROGRAM ACCOUNT

3 (INCLUDING TRANSFER OF FUNDS)

4 For the cost of direct and guaranteed loans, such 

5 sums as may be necessary to carry out the program, as 

6 authorized by 38 U.S.C. chapter 37: Provided, That such 

7 costs, including the cost of modifying such loans, shall be 

8 as defined in section 502 of the Congressional Budget Act 

9 of 1974: Provided further, That during fiscal year 2005, 

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

11 gross obligations for direct loans are authorized for spe12 cially adapted housing loans. 

13 In addition, for administrative expenses to carry out 

14 the direct and guaranteed loan programs, $153,575,000, 

15 which may be transferred to and merged with the appro16 priation for ‘‘General operating expenses’’. 

17 VOCATIONAL REHABILITATION LOANS PROGRAM

18 ACCOUNT

19 (INCLUDING TRANSFER OF FUNDS)

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

21 by chapter 31 of title 38, United States Code: Provided, 

22 That such costs, including the cost of modifying such 

23 loans, shall be as defined in section 502 of the Congres24 sional Budget Act of 1974: Provided further, That these 

25 funds under this heading are available to subsidize gross 
33 

HR 2528 RS 

1 obligations for the principal amount of direct loans not 

2 to exceed $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 subchapter V of chapter 37 

12 of title 38, United States Code, $580,000, which may be 

13 transferred to and merged with the appropriation for 

14 ‘‘General operating expenses’’: Provided, That no new 

15 loans in excess of $30,000,000 may be made in fiscal year 

16 2006. 

17 GUARANTEED TRANSITIONAL HOUSING LOANS FOR

18 HOMELESS VETERANS PROGRAM ACCOUNT

19 For the administrative expenses to carry out the 

20 guaranteed transitional housing loan program authorized 

21 by subchapter VI of chapter 37, of title 38, United States 

22 Code, not to exceed $750,000 of the amounts appropriated 

23 by this Act for ‘‘General operating expenses’’ and ‘‘Med24 ical administration’’ may be expended. 
34 

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1 VETERANS HEALTH ADMINISTRATION

2 MEDICAL SERVICES

3 For necessary expenses for furnishing, as authorized 

4 by law, inpatient and outpatient care and treatment to 

5 beneficiaries of the Department of Veterans Affairs and 

6 veterans described in section 1705(a) of title 38, United 

7 States Code, including care and treatment in facilities not 

8 under the jurisdiction of the Department, and including 

9 medical supplies and equipment and salaries and expenses 

10 of health-care employees hired under title 38, United 

11 States Code, and aid to State homes as authorized by sec12 tion 1741 of title 38, United States Code; 

13 $20,995,141,000, plus reimbursements, of which not less 

14 than $2,200,000,000 shall be expended for specialty men15 tal health care: Provided, That of the funds made available 

16 under this heading, not to exceed $1,100,000,000 shall be 

17 available until September 30, 2007: Provided further, 

18 That, notwithstanding any other provision of law, the Sec19 retary of Veterans Affairs shall establish a priority for 

20 treatment for veterans who are service-connected disabled, 

21 lower income, or have special needs: Provided further, 

22 That, notwithstanding any other provision of law, the Sec23 retary of Veterans Affairs shall give priority funding for 

24 the provision of basic medical benefits to veterans in en25 rollment priority groups 1 through 6: Provided further, 
35 

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1 That, notwithstanding any other provision of law, the Sec2 retary of Veterans Affairs may authorize the dispensing 

3 of prescription drugs from Veterans Health Administra4 tion facilities to enrolled veterans with privately written 

5 prescriptions based on requirements established by the 

6 Secretary: Provided further, That the implementation of 

7 the program described in the previous proviso shall incur 

8 no additional cost to the Department of Veterans Affairs: 

9 Provided further, That for the Department of Defense/De10 partment of Veterans Affairs Health Care Sharing Incen11 tive Fund, as authorized by section 721 of Public Law 

12 107–314, a minimum of $15,000,000, to remain available 

13 until expended, for the purposes authorized by section 

14 8111 of title 38, United States Code. 

15 MEDICAL ADMINISTRATION

16 For necessary expenses in the administration of the 

17 medical, hospital, nursing home, domiciliary, construction, 

18 supply, and research activities, as authorized by law; ad19 ministrative expenses in support of capital policy activi20 ties; information technology hardware and software; uni21 forms or allowances therefor, as authorized by sections 

22 5901–5902 of title 5, United States Code; administrative 

23 and legal expenses of the Department for collecting and 

24 recovering amounts owed the Department as authorized 

25 under chapter 17 of title 38, United States Code, and the 

26 Federal Medical Care Recovery Act (42 U.S.C. 2651 et 
36 

HR 2528 RS 

1 seq.); $4,134,874,000, plus reimbursements, of which 

2 $250,000,000 shall be available until September 30, 2007. 

3 MEDICAL FACILITIES

4 For necessary expenses for the maintenance and op5 eration of hospitals, nursing homes, and domiciliary facili6 ties and other necessary facilities for the Veterans Health 

7 Administration; for administrative expenses in support of 

8 planning, design, project management, real property ac9 quisition and disposition, construction and renovation of 

10 any facility under the jurisdiction or for the use of the 

11 Department; for oversight, engineering and architectural 

12 activities not charged to project costs; for repairing, alter13 ing, improving or providing facilities in the several hos14 pitals and homes under the jurisdiction of the Depart15 ment, not otherwise provided for, either by contract or by 

16 the hire of temporary employees and purchase of mate17 rials; for leases of facilities; and for laundry and food serv18 ices, $3,297,669,000, plus reimbursements, of which 

19 $250,000,000 shall be available until September 30, 2007. 

20 MEDICAL AND PROSTHETIC RESEARCH

21 For necessary expenses in carrying out programs of 

22 medical and prosthetic research and development as au23 thorized by chapter 73 of title 38, United States Code, 

24 to remain available until September 30, 2007, 

25 $393,000,000, plus reimbursements. 
37 

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1 DEPARTMENTAL ADMINISTRATION

2 GENERAL OPERATING EXPENSES

3 For necessary operating expenses of the Department 

4 of Veterans Affairs, not otherwise provided for, including 

5 administrative expenses in support of Department-wide 

6 capital planning, management and policy activities, uni7 forms or allowances therefor; not to exceed $25,000 for 

8 official reception and representation expenses; hire of pas9 senger motor vehicles; and reimbursement of the General 

10 Services Administration for security guard services, and 

11 the Department of Defense for the cost of overseas em12 ployee mail, $1,411,827,000: Provided, That expenses for 

13 services and assistance authorized under paragraphs (1), 

14 (2), (5), and (11) of section 3104(a) of title 38, United 

15 States Code, that the Secretary determines are necessary 

16 to enable entitled veterans: (1) to the maximum extent 

17 feasible, to become employable and to obtain and maintain 

18 suitable employment; or (2) to achieve maximum inde19 pendence in daily living, shall be charged to this account: 

20 Provided further, That the Veterans Benefits Administra21 tion shall be funded at not less than $1,086,938,000: Pro22 vided further, That of the funds made available under this 

23 heading, not to exceed $70,000,000 shall be available for 

24 obligation until September 30, 2007: Provided further, 

25 That from the funds made available under this heading, 
38 

HR 2528 RS 

1 the Veterans Benefits Administration may purchase up to 

2 two passenger motor vehicles for use in operations of that 

3 Administration in Manila, Philippines. 

4 NATIONAL CEMETERY ADMINISTRATION

5 For necessary expenses of the National Cemetery Ad6 ministration for operations and maintenance, not other7 wise provided for, including uniforms or allowances there8 for; cemeterial expenses as authorized by law; purchase 

9 of one passenger motor vehicle for use in cemeterial oper10 ations; and hire of passenger motor vehicles, 

11 $156,447,000: Provided, That of the funds made available 

12 under this heading, not to exceed $7,800,000 shall be 

13 available until September 30, 2007. 

14 OFFICE OF INSPECTOR GENERAL

15 For necessary expenses of the Office of Inspector 

16 General in carrying out the provisions of the Inspector 

17 General Act of 1978, $70,174,000, to remain available 

18 until September 30, 2007. 

19 CONSTRUCTION, MAJOR PROJECTS

20 For constructing, altering, extending and improving 

21 any of the facilities including parking projects under the 

22 jurisdiction or for the use of the Department of Veterans 

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

24 316, 2404, 2406, 8102, 8103, 8106, 8108, 8109, 8110, 

25 and 8122 of title 38, United States Code, including plan26 ning, architectural and engineering services, maintenance 
39 

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1 or guarantee period services costs associated with equip2 ment guarantees provided under the project, services of 

3 claims analysts, offsite utility and storm drainage system 

4 construction costs, and site acquisition, where the esti5 mated cost of a project is more than the amount set forth 

6 in section 8104(a)(3)(A) of title 38, United States Code, 

7 or where funds for a project were made available in a pre8 vious major project appropriation, $607,100,000, to re9 main available until expended, of which $532,010,000 

10 shall be for Capital Asset Realignment for Enhanced Serv11 ices (CARES) activities; and of which $8,091,000 shall 

12 be to make reimbursements as provided in section 13 of 

13 the Contract Disputes Act of 1978 (41 U.S.C. 612) for 

14 claims paid for contract disputes: Provided, That except 

15 for advance planning activities, including needs assess16 ments which may or may not lead to capital investments, 

17 and other capital asset management related activities, 

18 such as portfolio development and management activities, 

19 and investment strategy studies funded through the ad20 vance planning fund and the planning and design activities 

21 funded through the design fund and CARES funds, in22 cluding needs assessments which may or may not lead to 

23 capital investments, none of the funds appropriated under 

24 this heading shall be used for any project which has not 

25 been approved by the Congress in the budgetary process: 
40 

HR 2528 RS 

1 Provided further, That funds provided in this appropria2 tion for fiscal year 2006, for each approved project (except 

3 those for CARES activities referenced above) shall be obli4 gated: (1) by the awarding of a construction documents 

5 contract by September 30, 2006; and (2) by the awarding 

6 of a construction contract by September 30, 2007: Pro7 vided further, That the Secretary of Veterans Affairs shall 

8 promptly report in writing to the Committees on Appro9 priations of the House of Representatives and Senate any 

10 approved major construction project in which obligations 

11 are not incurred within the time limitations established 

12 above. 

13 CONSTRUCTION, MINOR PROJECTS

14 For constructing, altering, extending, and improving 

15 any of the facilities including parking projects under the 

16 jurisdiction or for the use of the Department of Veterans 

17 Affairs, including planning and assessments of needs 

18 which may lead to capital investments, architectural and 

19 engineering services, maintenance or guarantee period 

20 services costs associated with equipment guarantees pro21 vided under the project, services of claims analysts, offsite 

22 utility and storm drainage system construction costs, and 

23 site acquisition, or for any of the purposes set forth in 

24 sections 316, 2404, 2406, 8102, 8103, 8106, 8108, 8109, 

25 8110, 8122, and 8162 of title 38, United States Code, 
41 

HR 2528 RS 

1 where the estimated cost of a project is equal to or less 

2 than the amount set forth in section 8104(a)(3)(A) of title 

3 38, United States Code, $208,937,000, to remain avail4 able until expended, along with unobligated balances of 

5 previous ‘‘Construction, minor projects’’ appropriations 

6 which are hereby made available for any project where the 

7 estimated cost is equal to or less than the amount set forth 

8 in such section, of which $160,000,000 shall be for Capital 

9 Asset Realignment for Enhanced Services (CARES) ac10 tivities: Provided, That funds in this account shall be 

11 available for: (1) repairs to any of the nonmedical facilities 

12 under the jurisdiction or for the use of the Department 

13 which are necessary because of loss or damage caused by 

14 any natural disaster or catastrophe; and (2) temporary 

15 measures necessary to prevent or to minimize further loss 

16 by such causes. 

17 GRANTS FOR CONSTRUCTION OF STATE 

18 EXTENDED CARE FACILITIES 

19 For grants to assist States to acquire or construct 

20 State nursing home and domiciliary facilities and to re21 model, modify or alter existing hospital, nursing home and 

22 domiciliary facilities in State homes, for furnishing care 

23 to veterans as authorized by sections 8131–8137 of title 

24 38, United States Code, $25,000,000, to remain available 

25 until expended. 
42 

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1 GRANTS FOR THE CONSTRUCTION OF STATE 

2 VETERANS CEMETERIES 

3 For grants to aid States in establishing, expanding, 

4 or improving State veterans cemeteries as authorized by 

5 section 2408 of title 38, United States Code, $32,000,000, 

6 to remain available until expended. 

7 ADMINISTRATIVE PROVISIONS

8 (INCLUDING TRANSFER OF FUNDS)

9 SEC. 201. Any appropriation for fiscal year 2006 for 

10 ‘‘Compensation and pensions’’, ‘‘Readjustment benefits’’, 

11 and ‘‘Veterans insurance and indemnities’’ may be trans12 ferred to any other of the mentioned appropriations. 

13 SEC. 202. Appropriations available in this title for 

14 salaries and expenses shall be available for services au15 thorized by section 3109 of title 5, United States Code, 

16 hire of passenger motor vehicles; lease of a facility or land 

17 or both; and uniforms or allowances therefore, as author18 ized by sections 5901–5902 of such title. 

19 SEC. 203. No appropriations in this title (except the 

20 appropriations for ‘‘Construction, major projects’’, and 

21 ‘‘Construction, minor projects’’) shall be available for the 

22 purchase of any site for or toward the construction of any 

23 new hospital or home. 

24 SEC. 204. No appropriations in this title shall be 

25 available for hospitalization or examination of any persons 
43 

HR 2528 RS 

1 (except beneficiaries entitled under the laws bestowing 

2 such benefits to veterans, and persons receiving such 

3 treatment under sections 7901–7904 of title 5, United 

4 States Code or the Robert T. Stafford Disaster Relief and 

5 Emergency Assistance Act (42 U.S.C. 5121 et seq.)), un6 less reimbursement of cost is made to the ‘‘Medical serv7 ices’’ account at such rates as may be fixed by the Sec8 retary of Veterans Affairs. 

9 SEC. 205. Appropriations available in this title for 

10 ‘‘Compensation and pensions’’, ‘‘Readjustment benefits’’, 

11 and ‘‘Veterans insurance and indemnities’’ shall be avail12 able for payment of prior year accrued obligations re13 quired to be recorded by law against the corresponding 

14 prior year accounts within the last quarter of fiscal year 

15 2005. 

16 SEC. 206. Appropriations available in this title shall 

17 be available to pay prior year obligations of corresponding 

18 prior year appropriations accounts resulting from sections 

19 3328(a), 3334, and 3712(a) of title 31, United States 

20 Code, except that if such obligations are from trust fund 

21 accounts they shall be payable from ‘‘Compensation and 

22 pensions’’. 

23 SEC. 207. Notwithstanding any other provision of 

24 law, during fiscal year 2006, the Secretary of Veterans 

25 Affairs shall, from the National Service Life Insurance 
44 

HR 2528 RS 

1 Fund (38 U.S.C. 1920), the Veterans’ Special Life Insur2 ance Fund (38 U.S.C. 1923), and the United States Gov3 ernment Life Insurance Fund (38 U.S.C. 1955), reim4 burse the ‘‘General operating expenses’’ account for the 

5 cost of administration of the insurance programs financed 

6 through those accounts: Provided, That reimbursement 

7 shall be made only from the surplus earnings accumulated 

8 in an insurance program in fiscal year 2006 that are avail9 able for dividends in that program after claims have been 

10 paid and actuarially determined reserves have been set 

11 aside: Provided further, That if the cost of administration 

12 of an insurance program exceeds the amount of surplus 

13 earnings accumulated in that program, reimbursement 

14 shall be made only to the extent of such surplus earnings: 

15 Provided further, That the Secretary shall determine the 

16 cost of administration for fiscal year 2006 which is prop17 erly allocable to the provision of each insurance program 

18 and to the provision of any total disability income insur19 ance included in such insurance program. 

20 SEC. 208. Notwithstanding any other provision of 

21 law, the Department of Veterans Affairs shall continue the 

22 Franchise Fund pilot program authorized to be estab23 lished by section 403 of Public Law 103–356 until Octo24 ber 1, 2006: Provided, That the Franchise Fund, estab25 lished by title I of Public Law 104–204 to finance the 
45 

HR 2528 RS 

1 operations of the Franchise Fund pilot program, shall con2 tinue until October 1, 2006. 

3 SEC. 209. Amounts deducted from enhanced-use 

4 lease proceeds to reimburse an account for expenses in5 curred by that account during a prior fiscal year for pro6 viding enhanced-use lease services, may be obligated dur7 ing the fiscal year in which the proceeds are received. 

8 SEC. 210. Funds available in this title or funds for 

9 salaries and other administrative expenses shall also be 

10 available to reimburse the Office of Resolution Manage11 ment and the Office of Employment Discrimination Com12 plaint Adjudication for all services provided at rates which 

13 will recover actual costs but not exceed $29,758,000 for 

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

15 the Office of Employment and Discrimination Complaint 

16 Adjudication: Provided, That payments may be made in 

17 advance for services to be furnished based on estimated 

18 costs: Provided further, That amounts received shall be 

19 credited to ‘‘General operating expenses’’ for use by the 

20 office that provided the service. 

21 SEC. 211. No appropriations in this title shall be 

22 available to enter into any new lease of real property if 

23 the estimated annual rental is more than $300,000 unless 

24 the Secretary submits a report which the Committees on 
46 

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1 Appropriations of the Congress approve within 30 days 

2 following the date on which the report is received. 

3 SEC. 212. No funds of the Department of Veterans 

4 Affairs shall be available for hospital care, nursing home 

5 care, or medical services provided to any person under 

6 chapter 17 of title 38, United States Code, for a non-serv7 ice-connected disability described in section 1729(a)(2) of 

8 such title, unless that person has disclosed to the Sec9 retary of Veterans Affairs, in such form as the Secretary 

10 may require, current, accurate third-party reimbursement 

11 information for purposes of section 1729 of such title: Pro12 vided, That the Secretary may recover, in the same man13 ner as any other debt due the United States, the reason14 able charges for such care or services from any person who 

15 does not make such disclosure as required: Provided fur16 ther, That any amounts so recovered for care or services 

17 provided in a prior fiscal year may be obligated by the 

18 Secretary during the fiscal year in which amounts are re19 ceived. 

20 SEC. 213. None of the funds made available to the 

21 Department of Veterans Affairs in this Act, or any other 

22 Act, may be used to implement sections 2 and 5 of Public 

23 Law 107–287 and section 303 of Public Law 108–422. 

24 SEC. 214. Notwithstanding any other provision of 

25 law, at the discretion of the Secretary of Veterans Affairs, 
47 

HR 2528 RS 

1 proceeds or revenues derived from enhanced-use leasing 

2 activities (including disposal) may be deposited into the 

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

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

5 site acquisition and disposition), alterations and improve6 ments of any medical facility under the jurisdiction or for 

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

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

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

10 projects’’. 

11 SEC. 215. Amounts made available under ‘‘Medical 

12 services’’ are available— 

13 (1) for furnishing recreational facilities, sup14 plies, and equipment; and 

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

16 other expenses incidental to funerals and burials for 

17 beneficiaries receiving care in the Department. 

18 SEC. 216. That such sums as may be deposited to 

19 the Medical Care Collections Fund pursuant to section 

20 1729A of title 38, United States Code, may be transferred 

21 to ‘‘Medical services’’, to remain available until expended 

22 for the purposes of this account. 

23 SEC. 217. Amounts made available for fiscal year 

24 2006 under the ‘‘Medical services’’, ‘‘Medical administra25 tion’’, and ‘‘Medical facilities’’ accounts may be trans-
48 

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1 ferred between the accounts to the extent necessary to im2 plement the restructuring of the Veterans Health Admin3 istration accounts after notice of the amount and purpose 

4 of the transfer is provided to the Committees on Appro5 priations of the Senate and House of Representatives and 

6 a period of 30 days has elapsed: Provided, That the limita7 tion on transfers is 20 percent in fiscal year 2006. 

8 SEC. 218. Any appropriation for fiscal year 2006 for 

9 the Veterans Benefits Administration made available 

10 under the heading ‘‘General operating expenses’’ may be 

11 transferred to the ‘‘Veterans Housing Benefit Program 

12 Fund Program Account’’ for the purpose of providing 

13 funds for the nationwide property management contract 

14 if the administrative costs of such contract exceed 

15 $8,800,000 in the budget year. 

16 SEC. 219. Notwithstanding any other provision of 

17 law, the Secretary of Veterans Affairs (Secretary) shall 

18 allow veterans eligible under existing VA Medical Care re19 quirements and who reside in Alaska to obtain medical 

20 care services from medical facilities supported by the In21 dian Health Services or tribal organizations. The Sec22 retary shall: (1) limit the application of this provision to 

23 rural Alaskan veterans in areas where an existing VA fa24 cility or VA-contracted service is unavailable; (2) require 

25 participating veterans and facilities to comply with all ap-
49 

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1 propriate rules and regulations, as established by the Sec2 retary; (3) require this provision to be consistent with 

3 CARES; and (4) result in no additional cost to the De4 partment of Veterans Affairs or the Indian Health Serv5 ice. 

6 SEC. 220. That such sums as may be deposited to 

7 the Department of Veterans Affairs Capital Asset Fund 

8 pursuant to section 8118 of title 38, United States Code, 

9 may be transferred to the ‘‘Construction, major projects’’ 

10 and ‘‘Construction, minor projects’’ accounts, to remain 

11 available until expended for the purposes of these ac12 counts. 

13 SEC. 221. None of the funds available to the Depart14 ment of Veterans Affairs in this Act, or any other Act, 

15 may be used by the Department of Veterans Affairs to 

16 implement a national standardized contract for diabetes 

17 monitoring systems. 

18 TITLE III 

19 RELATED AGENCIES 

20 AMERICAN BATTLE MONUMENTS COMMISSION

21 SALARIES AND EXPENSES

22 For necessary expenses, not otherwise provided for, 

23 of the American Battle Monuments Commission, including 

24 the acquisition of land or interest in land in foreign coun25 tries; purchases and repair of uniforms for caretakers of 
50 

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1 national cemeteries and monuments outside of the United 

2 States and its territories and possessions; rent of office 

3 and garage space in foreign countries; purchase (one for 

4 replacement only) and hire of passenger motor vehicles; 

5 not to exceed $7,500 for official reception and representa6 tion expenses; and insurance of official motor vehicles in 

7 foreign countries, when required by law of such countries, 

8 $35,750,000, to remain available until expended. 

9 FOREIGN CURRENCY FLUCTUATIONS ACCOUNT

10 For necessary expenses, not otherwise provided for, 

11 of the American Battle Monuments Commission, 

12 $15,250,000, to remain available until expended, for pur13 poses authorized by section 2109 of title 36, United States 

14 Code. 

15 UNITED STATES COURT OF APPEALS FOR VETERANS

16 CLAIMS

17 SALARIES AND EXPENSES

18 For necessary expenses for the operation of the 

19 United States Court of Appeals for Veterans Claims as 

20 authorized by sections 7251–7298 of title 38, United 

21 States Code, $18,295,000, of which $1,260,000 shall be 

22 available for the purpose of providing financial assistance 

23 as described, and in accordance with the process and re24 porting procedures set forth, under this heading in Public 

25 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 

6 National 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 $29,550,000, 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 

13 Lease of Department of Defense Real Property for De14 fense Agencies account. 

15 ARMED FORCES RETIREMENT HOME

16 For expenses necessary for the Armed Forces Retire17 ment Home to operate and maintain the Armed Forces 

18 Retirement Home—Washington and the Armed Forces 

19 Retirement Home—Gulfport, to be paid from funds avail20 able in the Armed Forces Retirement Home Trust Fund, 

21 $58,281,000, of which $1,248,000 shall remain available 

22 until expended for construction and renovation of the 

23 physical plants at the Armed Forces Retirement Home— 

24 Washington and the Armed Forces Retirement Home— 

25 Gulfport. 
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1 TITLE IV 

2 GENERAL PROVISIONS 

3 SEC. 401. No part of any appropriation contained in 

4 this Act shall remain available for obligation beyond the 

5 current fiscal year unless expressly so provided herein. 

6 SEC. 402. None of the funds provided in this Act may 

7 be used, directly or through grants, to pay or to provide 

8 reimbursement for payment of the salary of a consultant 

9 (whether retained by the Federal Government or a grant10 ee) at more than the daily equivalent of the rate paid for 

11 level IV of the Executive Schedule, unless specifically au12 thorized by law. 

13 SEC. 403. Such sums as may be necessary for fiscal 

14 year 2006 pay raises for programs funded by this Act shall 

15 be absorbed within the levels appropriated in this Act. 

16 SEC. 404. None of the funds made available in this 

17 Act may be used for any program, project, or activity, 

18 when it is made known to the Federal entity or official 

19 to which the funds are made available that the program, 

20 project, or activity is not in compliance with any Federal 

21 law relating to risk assessment, the protection of private 

22 property rights, or unfunded mandates. 

23 SEC. 405. No part of any funds appropriated in this 

24 Act shall be used by an agency of the executive branch, 

25 other than for normal and recognized executive-legislative 
53 

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1 relationships, for publicity or propaganda purposes, and 

2 for the preparation, distribution or use of any kit, pam3 phlet, booklet, publication, radio, television or film presen4 tation designed to support or defeat legislation pending 

5 before Congress, except in presentation to Congress itself. 

6 SEC. 406. All departments and agencies funded under 

7 this Act are encouraged, within the limits of the existing 

8 statutory authorities and funding, to expand their use of 

9 ‘‘E-Commerce’’ technologies and procedures in the con10 duct of their business practices and public service activi11 ties. 

12 SEC. 407. None of the funds made available in this 

13 Act may be transferred to any department, agency, or in14 strumentality of the United States Government except 

15 pursuant to a transfer made by, or transfer authority pro16 vided in, this Act or any other appropriations Act. 

17 SEC. 408. Unless stated otherwise, all reports and no18 tifications required by this Act shall be submitted to the 

19 Subcommittee on Military Quality of Life and Veterans 

20 Affairs, and Related Agencies of the Committee on Appro21 priations of the House of Representatives and the Sub22 committee on Military Construction and Veterans Affairs, 

23 and Related Agencies of the Committee on Appropriations 

24 of the Senate. 
54 

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1 SEC. 409. None of the funds made available by this 

2 Act may be used to close or realign any military installa3 tion approved for closure or realignment in 2005 before 

4 the Secretary of Defense makes the information available 

5 upon which the Secretary’s closure and realignment rec6 ommendations were based, as required by section 

7 2903(c)(4) of the Defense Base Closure and Realignment 

8 Act of 1990 (title XXIX of Public Law 101–510; 10 

9 U.S.C. 2687 note). 

10 This Act may be cited as the ‘‘Military Quality of 

11 Life and Veterans Affairs Appropriations Act, 2006’’. 

12 That the following sums are appropriated, out of any 

13 money in the Treasury not otherwise appropriated for mili14 tary quality of life functions of the Department of Defense, 

15 military construction, the Department of Veterans Affairs, 

16 and related agencies for the fiscal year ending September 

17 30, 2006, and for other purposes, namely: 

18 TITLE I—MILITARY CONSTRUCTION 

19 MILITARY CONSTRUCTION, ARMY

20 For acquisition, construction, installation, and equip21 ment of temporary or permanent public works, military in22 stallations, facilities, and real property for the Army as 

23 currently authorized by law, including personnel in the 

24 Army Corps of Engineers and other personal services nec25 essary for the purposes of this appropriation, and for con-
55 

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1 struction and operation of facilities in support of the func2 tions of the Commander in Chief, $1,640,641,000, to remain 

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

4 amount, not to exceed $191,393,000 shall be available for 

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

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

7 Secretary of Defense determines that additional obligations 

8 are necessary for such purposes and notifies the Committees 

9 on Appropriations of both Houses of Congress of the deter10 mination and the reasons therefor. 

11 MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

12 (INCLUDING RESCISSION OF FUNDS)

13 For acquisition, construction, installation, and equip14 ment of temporary or permanent public works, naval in15 stallations, facilities, and real property for the Navy and 

16 Marine Corps as currently authorized by law, including 

17 personnel in the Naval Facilities Engineering Command 

18 and other personal services necessary for the purposes of this 

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

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

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

22 design, and architect and engineer services, as authorized 

23 by law, unless the Secretary of Defense determines that ad24 ditional obligations are necessary for such purposes and no25 tifies the Committees on Appropriations of both Houses of 
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1 Congress of the determination and the reasons therefor: Pro2 vided further, That of the funds appropriated for ‘‘Military 

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

4 $92,354,000 are hereby rescinded. 

5 MILITARY CONSTRUCTION, AIR FORCE

6 For acquisition, construction, installation, and equip7 ment of temporary or permanent public works, military in8 stallations, facilities, and real property for the Air Force 

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

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

11 amount, not to exceed $103,347,000 shall be available for 

12 study, planning, design, and architect and engineer serv13 ices, as authorized by law, unless the Secretary of Defense 

14 determines that additional obligations are necessary for 

15 such purposes and notifies the Committees on Appropria16 tions of both Houses of Congress of the determination and 

17 the reasons therefor. 

18 MILITARY CONSTRUCTION, DEFENSE-WIDE

19 (INCLUDING TRANSFER OF FUNDS)

20 For acquisition, construction, installation, and equip21 ment of temporary or permanent public works, installa22 tions, facilities, and real property for activities and agen23 cies of the Department of Defense (other than the military 

24 departments), as currently authorized by law, 

25 $1,072,165,000, to remain available until September 30, 
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1 2010: Provided, That such amounts of this appropriation 

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

3 transferred to such appropriations of the Department of De4 fense available for military construction or family housing 

5 as the Secretary may designate, to be merged with and to 

6 be available for the same purposes, and for the same time 

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

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

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

10 design, and architect and engineer services, as authorized 

11 by law, unless the Secretary of Defense determines that ad12 ditional obligations are necessary for such purposes and no13 tifies the Committees on Appropriations of both Houses of 

14 Congress of the determination and the reasons therefor. 

15 MILITARY CONSTRUCTION, ARMY NATIONAL GUARD

16 For construction, acquisition, expansion, rehabilita17 tion, and conversion of facilities for the training and ad18 ministration of the Army National Guard, and contribu19 tions therefor, as authorized by chapter 1803 of title 10, 

20 United States Code, and Military Construction Authoriza21 tion Acts, $467,146,000, to remain available until Sep22 tember 30, 2010. 

23 MILITARY CONSTRUCTION, AIR NATIONAL GUARD

24 For construction, acquisition, expansion, rehabilita25 tion, and conversion of facilities for the training and ad-
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1 ministration of the Air National Guard, and contributions 

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

3 States Code, and Military Construction Authorization Acts, 

4 $279,156,000, to remain available until September 30, 

5 2010. 

6 MILITARY CONSTRUCTION, ARMY RESERVE

7 For construction, acquisition, expansion, rehabilita8 tion, and conversion of facilities for the training and ad9 ministration of the Army Reserve as authorized by chapter 

10 1803 of title 10, United States Code, and Military Con11 struction Authorization Acts, $136,077,000, to remain 

12 available until September 30, 2010. 

13 MILITARY CONSTRUCTION, NAVAL RESERVE

14 For construction, acquisition, expansion, rehabilita15 tion, and conversion of facilities for the training and ad16 ministration of the reserve components of the Navy and Ma17 rine Corps as authorized by chapter 1803 of title 10, United 

18 States Code, and Military Construction Authorization Acts, 

19 $46,676,000, to remain available until September 30, 2010. 

20 MILITARY CONSTRUCTION, AIR FORCE RESERVE

21 For construction, acquisition, expansion, rehabilita22 tion, and conversion of facilities for the training and ad23 ministration of the Air Force Reserve as authorized by 

24 chapter 1803 of title 10, United States Code, and Military 
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1 Construction Authorization Acts, $89,260,000, to remain 

2 available until September 30, 2010. 

3 NORTH ATLANTIC TREATY ORGANIZATION

4 SECURITY INVESTMENT PROGRAM

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

6 Atlantic Treaty Organization Security Investment Pro7 gram for the acquisition and construction of military facili8 ties and installations (including international military 

9 headquarters) and for related expenses for the collective de10 fense of the North Atlantic Treaty Area as authorized by 

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

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

13 available until expended. 

14 FAMILY HOUSING CONSTRUCTION, ARMY

15 For expenses of family housing for the Army for con16 struction, including acquisition, replacement, addition, ex17 pansion, extension, and alteration, as authorized by law, 

18 $549,636,000, to remain available until September 30, 

19 2010. 

20 FAMILY HOUSING OPERATION AND MAINTENANCE, ARMY

21 For expenses of family housing for the Army for oper22 ation and maintenance, including debt payment, leasing, 

23 minor construction, principal and interest charges, and in24 surance premiums, as authorized by law, $812,993,000. 
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1 FAMILY HOUSING CONSTRUCTION, NAVY AND MARINE

2 CORPS

3 For expenses of family housing for the Navy and Ma4 rine Corps for construction, including acquisition, replace5 ment, addition, expansion, extension, and alteration, as au6 thorized by law, $218,942,000, to remain available until 

7 September 30, 2010. 

8 FAMILY HOUSING OPERATION AND MAINTENANCE, NAVY

9 AND MARINE CORPS

10 For expenses of family housing for the Navy and Ma11 rine Corps for operation and maintenance, including debt 

12 payment, leasing, minor construction, principal and inter13 est charges, and insurance premiums, as authorized by law, 

14 $593,660,000. 

15 FAMILY HOUSING CONSTRUCTION, AIR FORCE

16 For expenses of family housing for the Air Force for 

17 construction, including acquisition, replacement, addition, 

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

19 $1,142,622,000, to remain available until September 30, 

20 2010. 

21 FAMILY HOUSING OPERATION AND MAINTENANCE, AIR

22 FORCE

23 For expenses of family housing for the Air Force for 

24 operation and maintenance, including debt payment, leas25 ing, minor construction, principal and interest charges, 
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1 and insurance premiums, as authorized by law, 

2 $766,939,000. 

3 FAMILY HOUSING OPERATION AND MAINTENANCE, 

4 DEFENSE-WIDE

5 For expenses of family housing for the activities and 

6 agencies of the Department of Defense (other than the mili7 tary departments) for operation and maintenance, leasing, 

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

9 DEPARTMENT OF DEFENSE FAMILY HOUSING

10 IMPROVEMENT FUND

11 For the Department of Defense Family Housing Im12 provement Fund, $2,500,000, to remain available until ex13 pended, for family housing initiatives undertaken pursuant 

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

15 alternative means of acquiring and improving military 

16 family housing and supporting facilities. 

17 DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 1990 

18 For deposit into the Department of Defense Base Clo19 sure Account 1990, established by section 2906(a)(1) of the 

20 Defense Base Closure and Realignment Act of 1990 (10 

21 U.S.C. section 2687 note), $377,827,000, to remain avail22 able until expended. 

23 DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 2005 

24 For deposit into the Department of Defense Base Clo25 sure Account 2005, established by section 2906A(a)(1) of the 
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1 Defense Base Closure and Realignment Act of 1990 (10 

2 U.S.C. section 2687 note), $1,504,466,000, to remain avail3 able until expended: Provided, That these funds may not 

4 be obligated or expended until the Secretary of Defense sub5 mits to the congressional defense committees and receives 

6 approval of a report describing the specific programs, 

7 projects, and activities for which such funds are to be obli8 gated. 

9 GENERAL PROVISIONS 

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

11 title shall be expended for payments under a cost-plus-a12 fixed-fee contract for construction, where cost estimates ex13 ceed $25,000, to be performed within the United States, ex14 cept Alaska, without the specific approval in writing of the 

15 Secretary of Defense setting forth the reasons therefor. 

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

17 available for hire of passenger motor vehicles. 

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

19 used for advances to the Federal Highway Administration, 

20 Department of Transportation, for the construction of ac21 cess roads as authorized by section 210 of title 23, United 

22 States Code, when projects authorized therein are certified 

23 as important to the national defense by the Secretary of 

24 Defense. 
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1 SEC. 104. None of the funds made available in this 

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

3 United States for which specific appropriations have not 

4 been made. 

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

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

7 in excess of 100 percent of the value as determined by the 

8 Army Corps of Engineers or the Naval Facilities Engineer9 ing Command, except: (1) where there is a determination 

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

11 the Attorney General or the designee of the Attorney Gen12 eral; (3) where the estimated value is less than $25,000; or 

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

14 be in the public interest. 

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

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

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

18 except housing for which funds have been made available 

19 in annual military construction appropriations Acts. 

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

21 title for minor construction may be used to transfer or relo22 cate any activity from one base or installation to another, 

23 without prior notification to the Committees on Appropria24 tions of both Houses of Congress. 
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1 SEC. 108. None of the funds made available in this 

2 title may be used for the procurement of steel for any con3 struction project or activity for which American steel pro4 ducers, fabricators, and manufacturers have been denied the 

5 opportunity to compete for such steel procurement. 

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

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

8 nation. 

9 SEC. 110. None of the funds made available in this 

10 title may be used to initiate a new installation overseas 

11 without prior notification to the Committees on Appropria12 tions of both Houses of Congress. 

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

14 title may be obligated for architect and engineer contracts 

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

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

17 Organization member country, or in countries bordering the 

18 Arabian Sea, unless such contracts are awarded to United 

19 States firms or United States firms in joint venture with 

20 host nation firms. 

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

22 title for military construction in the United States terri23 tories and possessions in the Pacific and on Kwajalein 

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

25 used to award any contract estimated by the Government 
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1 to exceed $1,000,000 to a foreign contractor: Provided, That 

2 this section shall not be applicable to contract awards for 

3 which the lowest responsive and responsible bid of a United 

4 States contractor exceeds the lowest responsive and respon5 sible bid of a foreign contractor by greater than 20 percent: 

6 Provided further, That this section shall not apply to con7 tract awards for military construction on Kwajalein Atoll 

8 for which the lowest responsive and responsible bid is sub9 mitted by a Marshallese contractor. 

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

11 appropriate committees of both Houses of Congress, includ12 ing the Committees on Appropriations, of the plans and 

13 scope of any proposed military exercise involving United 

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

15 expended for construction, either temporary or permanent, 

16 are anticipated to exceed $100,000. 

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

18 available in this title which are limited for obligation dur19 ing the current fiscal year shall be obligated during the last 

20 two months of the fiscal year. 

21 (TRANSFER OF FUNDS)

22 SEC. 115. Funds appropriated to the Department of 

23 Defense for construction in prior years shall be available 

24 for construction authorized for each such military depart25 ment by the authorizations enacted into law during the cur26 rent session of Congress. 
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1 SEC. 116. For military construction or family housing 

2 projects that are being completed with funds otherwise ex3 pired or lapsed for obligation, expired or lapsed funds may 

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

5 overhead, engineering and design on those projects and on 

6 subsequent claims, if any. 

7 SEC. 117. Notwithstanding any other provision of law, 

8 any funds made available to a military department or de9 fense agency for the construction of military projects may 

10 be obligated for a military construction project or contract, 

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

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

13 year for which funds for such project were made available 

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

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

16 do not exceed the amount appropriated for such project, 

17 plus any amount by which the cost of such project is in18 creased pursuant to law. 

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

20 Committees on Appropriations of both Houses of Congress 

21 with an annual report by February 15, containing details 

22 of the specific actions proposed to be taken by the Depart23 ment of Defense during the current fiscal year to encourage 

24 other member nations of the North Atlantic Treaty Organi25 zation, Japan, Korea, and United States allies bordering 
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1 the Arabian Sea to assume a greater share of the common 

2 defense burden of such nations and the United States. 

3 (TRANSFER OF FUNDS)

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

5 available to the Department of Defense, proceeds deposited 

6 to the Department of Defense Base Closure Account estab7 lished by section 207(a)(1) of the Defense Authorization 

8 Amendments and Base Closure and Realignment Act (Pub9 lic Law 100–526) pursuant to section 207(a)(2)(C) of such 

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

11 2906(a)(1) of the Defense Base Closure and Realignment 

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

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

14 same time period as that account. 

15 (TRANSFER OF FUNDS)

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

17 Committees on Appropriations of both Houses of Congress, 

18 such additional amounts as may be determined by the Sec19 retary of Defense may be transferred to: (1) the Department 

20 of Defense Family Housing Improvement Fund from 

21 amounts appropriated for construction in ‘‘Family Hous22 ing’’ accounts, to be merged with and to be available for 

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

24 amounts appropriated directly to the Fund; or (2) the De25 partment of Defense Military Unaccompanied Housing Im26 provement Fund from amounts appropriated for construc-
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1 tion of military unaccompanied housing in ‘‘Military Con2 struction’’ accounts, to be merged with and to be available 

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

4 amounts appropriated directly to the Fund: Provided, That 

5 appropriations made available to the Funds shall be avail6 able to cover the costs, as defined in section 502(5) of the 

7 Congressional Budget Act of 1974, of direct loans or loan 

8 guarantees issued by the Department of Defense pursuant 

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

10 United States Code, pertaining to alternative means of ac11 quiring and improving military family housing, military 

12 unaccompanied housing, and supporting facilities. 

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

14 title may be obligated for Partnership for Peace Programs 

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

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

17 any solicitation for a contract with the private sector for 

18 military family housing the Secretary of the military de19 partment concerned shall submit to the Committees on Ap20 propriations of both Houses of Congress the notice described 

21 in subsection (b). 

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

23 of any guarantee (including the making of mortgage or 

24 rental payments) proposed to be made by the Secretary to 
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1 the private party under the contract involved in the event 

2 of— 

3 (A) the closure or realignment of the installation 

4 for which housing is provided under the contract; 

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

6 such installation; or 

7 (C) the extended deployment overseas of units 

8 stationed at such installation. 

9 (2) Each notice under this subsection shall specify the 

10 nature of the guarantee involved and assess the extent and 

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

12 with respect to the guarantee. 

13 (TRANSFER OF FUNDS)

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

15 available to the Department of Defense, amounts may be 

16 transferred from the account established by section 

17 2906(a)(1) of the Defense Base Closure and Realignment 

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

19 by section 1013(d) of the Demonstration Cities and Metro20 politan Development Act of 1966 (42 U.S.C. section 3374) 

21 to pay for expenses associated with the Homeowners Assist22 ance Program. Any amounts transferred shall be merged 

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

24 same time period as the fund to which transferred. 

25 SEC. 124. Notwithstanding this or any other provision 

26 of law, funds made available in this title for operation and 
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1 maintenance of family housing shall be the exclusive source 

2 of funds for repair and maintenance of all family housing 

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

4 That not more than $35,000 per unit may be spent annu5 ally for the maintenance and repair of any general or flag 

6 officer quarters without 30 days prior notification to the 

7 Committees on Appropriations of both Houses of Congress, 

8 except that an after-the-fact notification shall be submitted 

9 if the limitation is exceeded solely due to costs associated 

10 with environmental remediation that could not be reason11 ably anticipated at the time of the budget submission: Pro12 vided further, That the Under Secretary of Defense (Comp13 troller) is to report annually to the Committees on Appro14 priations of both Houses of Congress all operation and 

15 maintenance expenditures for each individual general or 

16 flag officer quarters for the prior fiscal year. 

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

18 title may be transferred to any department, agency, or in19 strumentality of the United States Government, except pur20 suant to a transfer made by, or transfer authority provided 

21 in this Act, or any other appropriations Act. 

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

23 title under the heading ‘‘North Atlantic Treaty Organiza24 tion Security Investment Program’’, and no funds appro25 priated for any fiscal year before fiscal year 2006 for that 
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HR 2528 RS 

1 program that remain available for obligation, may be obli2 gated or expended for the conduct of studies of missile de3 fense. 

4 SEC. 127. Amounts contained in the Ford Island Im5 provement Account established by subsection (h) of section 

6 2814 of title 10, United States Code, are appropriated and 

7 shall be available until expended for the purposes specified 

8 in subsection (i)(1) of such section or until transferred pur9 suant to subsection (i)(3) of such section. 

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

11 title, or in any Act making appropriations for military 

12 construction which remain available for obligation, may be 

13 obligated or expended to carry out a military construction, 

14 land acquisition, or family housing project at or for a mili15 tary installation approved for closure, or at a military in16 stallation for the purposes of supporting a function that has 

17 been approved for realignment to another installation, in 

18 2005 under the Defense Base Closure and Realignment Act 

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

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

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

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

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

24 multi-agency use, that another Government agency has in25 dicated it will assume ownership of the completed project, 
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1 and the Secretary of Defense may not transfer funds made 

2 available for such a military construction project, land ac3 quisition, or family housing project to another account or 

4 use such funds for another purpose or project without the 

5 prior approval of the Committees on Appropriations of both 

6 Houses of Congress. 

7 SEC. 129. Unless stated otherwise, all reports and noti8 fications required by this title shall be submitted to the Sub9 committee on Military Quality of Life and Veterans Affairs, 

10 and Related Agencies of the Committee on Appropriations 

11 of the House of Representatives and the Subcommittee on 

12 Military Construction and Veterans Affairs, and Related 

13 Agencies of the Committee on Appropriations of the Senate. 

14 TITLE II—DEPARTMENT OF VETERANS AFFAIRS 

15 VETERANS BENEFITS ADMINISTRATION

16 COMPENSATION AND PENSIONS

17 (INCLUDING TRANSFER OF FUNDS)

18 For the payment of compensation benefits to or on be19 half of veterans and a pilot program for disability examina20 tions as authorized by law (38 U.S.C. 107, chapters 11, 13, 

21 18, 51, 53, 55, and 61); pension benefits to or on behalf 

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

23 51, 53, 55, and 61; 92 Stat. 2508); and burial benefits, the 

24 Reinstated Entitlement Program for Survivors, emergency 

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

26 and certificates, payment of premiums due on commercial 
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1 life insurance policies guaranteed under the provisions of 

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

3 1940 (50 U.S.C. App. 540 et seq.) and for other benefits 

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

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

6 43 Stat. 122, 123; 45 Stat. 735; 76 Stat. 1198), 

7 $33,412,879,000, to remain available until expended: Pro8 vided, That not to exceed $23,491,000 of the amount appro9 priated under this heading shall be reimbursed to ‘‘General 

10 operating expenses’’ and ‘‘Medical administration’’ for nec11 essary expenses in implementing those provisions author12 ized in the Omnibus Budget Reconciliation Act of 1990, and 

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

14 51, 53, and 55), the funding source for which is specifically 

15 provided as the ‘‘Compensation and pensions’’ appropria16 tion: Provided further, That such sums as may be earned 

17 on an actual qualifying patient basis, shall be reimbursed 

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

19 of individual medical facilities for nursing home care pro20 vided to pensioners as authorized. 

21 READJUSTMENT BENEFITS

22 For the payment of readjustment and rehabilitation 

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

24 (38 U.S.C. chapters 21, 30, 31, 34, 35, 36, 39, 51, 53, 55, 

25 and 61), $3,214,246,000, to remain available until ex26 pended: Provided, That expenses for rehabilitation program 
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1 services and assistance which the Secretary is authorized 

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

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

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

5 VETERANS INSURANCE AND INDEMNITIES

6 For military and naval insurance, national service life 

7 insurance, servicemen’s indemnities, service-disabled vet8 erans insurance, and veterans mortgage life insurance as 

9 authorized by title 38, United States Code, chapter 19; 70 

10 Stat. 887; 72 Stat. 487, $45,907,000, to remain available 

11 until expended. 

12 VETERANS HOUSING BENEFIT PROGRAM FUND PROGRAM

13 ACCOUNT

14 (INCLUDING TRANSFER OF FUNDS)

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

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

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

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

19 be as defined in section 502 of the Congressional Budget 

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

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

22 gross obligations for direct loans are authorized for spe23 cially adapted housing loans. 

24 For administrative expenses to carry out the direct 

25 and guaranteed loan programs, $153,575,000, which may 
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1 be transferred to and merged with the appropriation for 

2 ‘‘General operating expenses’’. 

3 VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT

4 (INCLUDING TRANSFER OF FUNDS)

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

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

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

8 be as defined in section 502 of the Congressional Budget 

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

10 under this heading are available to subsidize gross obliga11 tions for the principal amount of direct loans not to exceed 

12 $4,242,000. 

13 In addition, for administrative expenses necessary to 

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

15 be transferred to and merged with the appropriation for 

16 ‘‘General operating expenses’’. 

17 NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM

18 ACCOUNT

19 (INCLUDING TRANSFER OF FUNDS)

20 For administrative expenses to carry out the direct 

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

22 chapter 37, subchapter V, $580,000, which may be trans23 ferred to and merged with the appropriation for ‘‘General 

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

25 of $30,000,000 may be made in fiscal year 2006. 
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1 GUARANTEED TRANSITIONAL HOUSING LOANS FOR

2 HOMELESS VETERANS PROGRAM ACCOUNT

3 For the administrative expenses to carry out the guar4 anteed transitional housing loan program authorized by 

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

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

7 for ‘‘General operating expenses’’ and ‘‘Medical administra8 tion’’ may be expended. 

9 VETERANS HEALTH ADMINISTRATION

10 MEDICAL SERVICES

11 (INCLUDING TRANSFER OF FUNDS)

12 For necessary expenses for furnishing, as authorized 

13 by law, inpatient and outpatient care and treatment to 

14 beneficiaries of the Department of Veterans Affairs and vet15 erans described in paragraphs (1) through (8) of section 

16 1705(a) of title 38, United States Code, including care and 

17 treatment in facilities not under the jurisdiction of the De18 partment of Veterans Affairs and including medical sup19 plies and equipment and salaries and expenses of healthcare 

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

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

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

23 of which $1,977,000,000 are designated as an emergency re24 quirement pursuant to section 402 of House Concurrent 

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

26 resolution: Provided further, That of the emergency funds 
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1 provided under this heading, the Department of Veterans 

2 Affairs shall submit for approval by the Committees on Ap3 propriations of both Houses of Congress, a financial plan 

4 outlining how the emergency funds will be obligated: Pro5 vided further, That the Department of Veterans Affairs shall 

6 include these emergency funds in their base request for the 

7 fiscal year 2007 budget submission: Provided further, That 

8 of the funds made available under this heading, not to ex9 ceed $1,500,000,000 shall be available until September 30, 

10 2007: Provided further, That notwithstanding any other 

11 provision of law, the Secretary of Veterans Affairs shall es12 tablish a priority for treatment for veterans who are service13 connected disabled, lower income, or have special needs: 

14 Provided further, That notwithstanding any other provision 

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

16 funding for the provision of basic medical benefits to vet17 erans in enrollment priority groups 1 through 6: Provided 

18 further, That notwithstanding any other provision of law, 

19 the Secretary of Veterans Affairs may authorize the dis20 pensing of prescription drugs from Veterans Health Admin21 istration facilities to enrolled veterans with privately writ22 ten prescriptions based on requirements established by the 

23 Secretary: Provided further, That the implementation of the 

24 program described in the previous proviso shall incur no 

25 additional cost to the Department of Veterans Affairs: Pro-
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1 vided further, That for the Department of Defense/Veterans 

2 Affairs Health Care Sharing Incentive Fund, as authorized 

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

4 $15,000,000, to remain available until expended, for any 

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

6 8111. 

7 MEDICAL ADMINISTRATION

8 For necessary expenses in the administration of the 

9 medical, hospital, nursing home, domiciliary, construction, 

10 supply, and research activities, as authorized by law; ad11 ministrative expenses in support of capital policy activities; 

12 uniforms or allowances therefore, as authorized by sections 

13 5901–5902 of title 5, United States Code; and administra14 tive and legal expenses of the Department of Veterans Af15 fairs for collecting and recovering amounts owed the depart16 ment as authorized under chapter 17 of title 38, United 

17 States Code, and the Federal Medical Care Recovery Act 

18 (42 U.S.C. 2651 et seq.); $2,858,442,000, plus reimburse19 ments, of which $250,000,000 shall be available until Sep20 tember 30, 2007. 

21 INFORMATION TECHNOLOGY

22 For necessary expenses, $1,456,821,000 shall be avail23 able for the Department of Veterans Affairs Information 

24 Technology program: Provided, That within 90 days of en25 actment of this Act, the Secretary of Veterans Affairs shall 

26 establish an office for Information Technology (IT) with the 
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1 authority and responsibility for all IT projects: Provided 

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

3 Secretary of Veterans Affairs: Provided further, That this 

4 new organizational structure shall be subject to approval 

5 of the Committees on Appropriations in both Houses of 

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

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

8 for the HealtheVet project for fiscal year 2006: Provided fur9 ther, That none of the funds made available for the 

10 HealtheVet project may be obligated until such time that 

11 the Department of Veterans Affairs creates a single position 

12 with the responsibility for and the authority to manage the 

13 entire project, including budgetary authority: Provided fur14 ther, That none of the funds made available for the 

15 HealtheVet project may be obligated until the Committees 

16 on Appropriations in both Houses of Congress approve a 

17 financial expenditure plan for the entire project. 

18 MEDICAL FACILITIES

19 For necessary expenses for the maintenance and oper20 ation of hospitals, nursing homes, and domiciliary facilities 

21 and other necessary facilities for the Veterans Health Ad22 ministration; for administrative expenses in support of 

23 planning, design, project management, real property acqui24 sition and disposition, construction and renovation of any 

25 facility under the jurisdiction or for the use of the Depart26 ment of Veterans Affairs; for oversight, engineering and ar-
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1 chitectural activities not charged to project costs; for repair2 ing, altering, improving or providing facilities in the sev3 eral hospitals and homes under the jurisdiction of the De4 partment of Veterans Affairs, not otherwise provided for, 

5 either by contract or by the hire of temporary employees 

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

7 laundry and food services, $3,297,669,000, plus reimburse8 ments, of which $250,000,000 shall be available until Sep9 tember 30, 2007. 

10 MEDICAL AND PROSTHETIC RESEARCH

11 For necessary expenses in carrying out programs of 

12 medical and prosthetic research and development as author13 ized by chapter 73 of title 38, United States Code to remain 

14 available until September 30, 2007, $412,000,000, plus re15 imbursements, of which, not less than $15,000,000 shall be 

16 used for Gulf War Illness research. 

17 DEPARTMENTAL ADMINISTRATION

18 GENERAL OPERATING EXPENSES

19 For necessary operating expenses of the Department of 

20 Veterans Affairs, not otherwise provided for, including ad21 ministrative expenses in support of department-wide cap22 ital planning, management and policy activities, uniforms 

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

24 reception and representation expenses; hire of passenger 

25 motor vehicles; and reimbursement of the General Services 

26 Administration for security guard services, and the Depart-
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1 ment of Defense for the cost of overseas employee mail, 

2 $1,418,827,000: Provided, That expenses for services and as3 sistance authorized under title 38, United States Code, sec4 tions 3104(a)(1), (2), (5), and (11) that the Secretary of 

5 Veterans Affairs determines are necessary to enable entitled 

6 veterans: (1) to the maximum extent feasible, to become em7 ployable and to obtain and maintain suitable employment; 

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

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

10 Veterans Benefits Administration shall be funded at not less 

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

12 made available under this heading, not to exceed 

13 $71,000,000 shall be available for obligation until Sep14 tember 30, 2007. 

15 NATIONAL CEMETERY ADMINISTRATION

16 For necessary expenses of the National Cemetery Ad17 ministration for operations and maintenance, not otherwise 

18 provided for, including uniforms or allowances therefore; 

19 cemeterial expenses as authorized by law; purchase of one 

20 passenger motor vehicle for use in cemeterial operations; 

21 and hire of passenger motor vehicles, $156,447,000: Pro22 vided, That of the funds made available under this heading, 

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

24 30, 2007. 
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1 OFFICE OF INSPECTOR GENERAL

2 For necessary expenses of the Office of Inspector Gen3 eral in carrying out the provisions of the Inspector General 

4 Act of 1978, $70,174,000, to remain available until Sep5 tember 30, 2007. 

6 CONSTRUCTION, MAJOR PROJECTS

7 For constructing, altering, extending and improving 

8 any of the facilities including parking projects under the 

9 jurisdiction or for the use of the Department of Veterans 

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

11 2404, 2406, 8102, 8103, 8106, 8108, 8109, 8110, and 8122 

12 of title 38, United States Code, including planning, archi13 tectural and engineering services, maintenance or guar14 antee period services costs associated with equipment guar15 antees provided under the project, services of claims ana16 lysts, offsite utility and storm drainage system construction 

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

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

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

20 project were made available in a previous major project ap21 propriation, $607,100,000, to remain available until ex22 pended, of which $539,800,000 shall be for Capital Asset 

23 Realignment for Enhanced Services (CARES) activities; 

24 and of which $2,500,000 shall be to make reimbursements 

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

26 claims paid for contract disputes: Provided, That except for 
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1 advance planning activities, including needs assessments 

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

3 other capital asset management related activities, such as 

4 portfolio development and management activities, and in5 vestment strategy studies funded through the advance plan6 ning fund and the planning and design activities funded 

7 through the design fund and CARES funds, including needs 

8 assessments which may or may not lead to capital invest9 ments, none of the funds appropriated under this heading 

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

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

12 That funds provided in this appropriation for fiscal year 

13 2006, for each approved project (except those for CARES 

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

15 awarding of a construction documents contract by Sep16 tember 30, 2006; and (2) by the awarding of a construction 

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

18 Secretary of Veterans Affairs shall promptly report in writ19 ing to the Committees on Appropriations of both Houses 

20 of Congress any approved major construction project in 

21 which obligations are not incurred within the time limita22 tions established above: Provided further, That none of the 

23 funds in this or any other Act may be used to modify or 

24 alter the mission, services or infrastructure of the 18 facili25 ties on the Capital Asset Realignment for Enhanced Serv-
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1 ices (CARES) list requiring further study as specified by 

2 the Secretary of Veterans Affairs. 

3 CONSTRUCTION, MINOR PROJECTS

4 For constructing, altering, extending, and improving 

5 any of the facilities including parking projects under the 

6 jurisdiction or for the use of the Department of Veterans 

7 Affairs, including planning and assessments of needs which 

8 may lead to capital investments, architectural and engi9 neering services, maintenance or guarantee period services 

10 costs associated with equipment guarantees provided under 

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

12 storm drainage system construction costs, and site acquisi13 tion, or for any of the purposes set forth in sections 316, 

14 2404, 2406, 8102, 8103, 8106, 8108, 8109, 8110, 8122, and 

15 8162 of title 38, United States Code, where the estimated 

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

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

18 $208,937,000, to remain available until expended, along 

19 with unobligated balances of previous ‘‘Construction, minor 

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

21 Capital Asset Realignment for Enhanced Services (CARES) 

22 activities: Provided, That from amounts appropriated 

23 under this heading, additional amounts may be used for 

24 CARES activities upon notification of and approval by the 

25 Committees on Appropriations of both Houses of Congress: 

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

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

3 Veterans Affairs which are necessary because of loss or dam4 age caused by any natural disaster or catastrophe; and (2) 

5 temporary measures necessary to prevent or to minimize 

6 further loss by such causes. 

7 GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE

8 FACILITIES

9 For grants to assist States to acquire or construct 

10 State nursing home and domiciliary facilities; and to re11 model, modify or alter existing hospital, nursing home and 

12 domiciliary facilities in State homes; and for furnishing 

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

14 Code, sections 8131–8137, $104,322,000, to remain avail15 able until expended. 

16 GRANTS FOR THE CONSTRUCTION OF STATE VETERANS

17 CEMETERIES

18 For grants to aid States in establishing, expanding, 

19 or improving State veterans cemeteries as authorized by 

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

21 remain available until expended. 

22 GENERAL PROVISIONS

23 (INCLUDING TRANSFER OF FUNDS)

24 SEC. 201. Any appropriation for the Veterans Benefits 

25 Administration for fiscal year 2006 for ‘‘Compensation and 

26 pensions’’, ‘‘Readjustment benefits’’, and ‘‘Veterans insur-
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1 ance and indemnities’’ may be transferred as necessary to 

2 any other of the mentioned appropriations: Provided, That 

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

4 Affairs shall request from the Committees on Appropria5 tions of both Houses of Congress the authority to make the 

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

7 a period of 30 days has elapsed. 

8 (INCLUDING TRANSFER OF FUNDS)

9 SEC. 202. Amounts made available for the Veterans 

10 Health Administration for fiscal year 2006 under the ‘‘Med11 ical services’’, ‘‘Medical administration’’, ‘‘Information 

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

13 transferred between the mentioned accounts: Provided, That 

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

15 Affairs shall request from the Committees on Appropria16 tions of both Houses of Congress the authority to make the 

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

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

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

20 Research’’ account. 

21 SEC. 203. The Secretary of Veterans Affairs shall sub22 mit to the Committees on Appropriations in both Houses 

23 of Congress a quarterly report on the financial status of 

24 the Veterans Health Administration. This report shall con25 tain, at a minimum, both planned and actual expenditure 
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1 rates, unobligated balances, and any potential financial 

2 shortfalls. 

3 SEC. 204. No project for which funds have been appro4 priated in the ‘‘Construction, major projects’’ account may 

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

6 in cost without submitting a request to the Committees on 

7 Appropriations of both Houses of Congress and an approval 

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

9 elapsed. 

10 SEC. 205. No appropriations in this Act for the De11 partment of Veterans Affairs shall be available for hos12 pitalization or examination of any persons (except bene13 ficiaries entitled under the laws bestowing such benefits to 

14 veterans, and persons receiving such treatment under 5 

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

16 5204), unless reimbursement of cost is made to the ‘‘Medical 

17 services’’ account at such rates as may be fixed by the Sec18 retary of Veterans Affairs. 

19 SEC. 206. Appropriations available to the Department 

20 of Veterans Affairs for fiscal year 2006 for ‘‘Compensation 

21 and pensions’’, ‘‘Readjustment benefits’’, and ‘‘Veterans in22 surance and indemnities’’ shall be available for payment 

23 of prior year accrued obligations required to be recorded 

24 by law against the corresponding prior year accounts with25 in the last quarter of fiscal year 2005. 
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1 SEC. 207. Appropriations accounts available to the De2 partment of Veterans Affairs for fiscal year 2006 shall be 

3 available to pay prior year obligations of corresponding 

4 prior year appropriations accounts resulting from title X 

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

6 86, except that if such obligations are from trust fund ac7 counts they shall be payable from ‘‘Compensation and pen8 sions’’. 

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

10 during fiscal year 2006, the Secretary of Veterans Affairs 

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

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

13 (38 U.S.C. 1923), and the United States Government Life 

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

15 operating expenses’’ account for the cost of administration 

16 of the insurance programs financed through those accounts: 

17 Provided, That reimbursement shall be made only from the 

18 surplus earnings accumulated in an insurance program in 

19 fiscal year 2006 that are available for dividends in that 

20 program after claims have been paid and actuarially deter21 mined reserves have been set aside: Provided further, That 

22 if the cost of administration of an insurance program ex23 ceeds the amount of surplus earnings accumulated in that 

24 program, reimbursement shall be made only to the extent 

25 of such surplus earnings: Provided further, That the Sec-
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1 retary of Veterans Affairs shall determine the cost of admin2 istration for fiscal year 2006 which is properly allocable 

3 to the provision of each insurance program and to the pro4 vision of any total disability income insurance included in 

5 such insurance program. 

6 SEC. 209. Notwithstanding any other provision of law 

7 and hereafter, the Department of Veterans Affairs shall con8 tinue the Franchise Fund established by title I of Public 

9 Law 104–204. 

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

11 proceeds to reimburse an account for expenses incurred by 

12 that account during a prior fiscal year for providing en13 hanced-use lease services, may be obligated during the fiscal 

14 year in which the proceeds are received. 

15 SEC. 211. Funds available in any Department of Vet16 erans Affairs appropriation for fiscal year 2006 or funds 

17 for salaries and other administrative expenses shall also be 

18 available to reimburse the Office of Resolution Management 

19 and the Office of Employment Discrimination Complaint 

20 Adjudication for all services provided at rates which will 

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

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

23 Employment and Discrimination Complaint Adjudication: 

24 Provided, That payments may be made in advance for serv25 ices to be furnished based on estimated costs: Provided fur-
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1 ther, That amounts received shall be credited to ‘‘General 

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

3 service. 

4 SEC. 212. No appropriations in this Act for the De5 partment of Veterans Affairs shall be available to enter into 

6 any new lease of real property if the estimated annual rent7 al is more than $300,000 unless the Secretary of Veterans 

8 Affairs submits a report which the Committees on Appro9 priations in both Houses of Congress approve within 30 

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

11 SEC. 213. No funds of the Department of Veterans Af12 fairs shall be available for hospital care, nursing home care, 

13 or medical services provided to any person under chapter 

14 17 of title 38, United States Code, for a non-service-con15 nected disability described in section 1729(a)(2) of such 

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

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

18 current, accurate third-party reimbursement information 

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

20 the Secretary may recover, in the same manner as any other 

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

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

23 disclosure as required: Provided further, That any amounts 

24 so recovered for care or services provided in a prior fiscal 
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1 year may be obligated by the Secretary during the fiscal 

2 year in which amounts are received. 

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

4 services’’ account are available— 

5 (1) for furnishing recreational facilities, sup6 plies, and equipment; and 

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

8 other expenses incidental to funerals and burials for 

9 beneficiaries receiving care in the department. 

10 (INCLUDING TRANSFER OF FUNDS)

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

12 the Veterans Benefits Administration made available under 

13 the heading ‘‘General operating expenses’’ may be trans14 ferred to the ‘‘Veterans Housing Benefit Program Fund 

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

16 the nationwide property management contract if the ad17 ministrative costs of such contract exceed $8,800,000 in the 

18 fiscal year. 

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

20 the Secretary of Veterans Affairs shall allow veterans eligi21 ble under existing Department of Veterans Affairs Medical 

22 Care requirements and who reside in Alaska to obtain med23 ical care services from medical facilities supported by the 

24 Indian Health Services or tribal organizations. The Sec25 retary shall: (1) limit the application of this provision to 

26 rural Alaskan veterans in areas where an existing Depart-
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1 ment of Veterans Affairs facility or Veterans Affairs-con2 tracted service is unavailable; (2) require participating vet3 erans and facilities to comply with all appropriate rules 

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

5 this provision to be consistent with Capital Asset Realign6 ment for Enhanced Services Activities; and (4) result in 

7 no additional cost to the Department of Veterans Affairs 

8 or the Indian Health Service. 

9 (INCLUDING TRANSFER OF FUNDS)

10 SEC. 217. Such sums as may be deposited to the De11 partment of Veterans Affairs Capital Asset Fund pursuant 

12 to title 38, United States Code, section 8118 may be trans13 ferred to the ‘‘Construction, major projects’’ and ‘‘Construc14 tion, minor projects’’ accounts, to remain available until 

15 expended for the purposes of these accounts. 

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

17 at the discretion of the Secretary of Veterans Affairs, pro18 ceeds or revenues derived from enhanced-use leasing activi19 ties (including disposal) may be deposited into the ‘‘Con20 struction, major projects’’ and ‘‘Construction, minor 

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

22 site acquisition and disposition), alterations and improve23 ments of any medical facility under the jurisdiction or for 

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

25 as realized are in addition to the amount provided for in 
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1 ‘‘Construction, major projects’’ and ‘‘Construction, minor 

2 projects’’. 

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

4 Act may be used to implement any policy prohibiting the 

5 Directors of the Veterans Integrated Service Networks from 

6 conducting outreach or marketing to enroll new veterans 

7 within their respective Networks. 

8 (INCLUDING TRANSFER OF FUNDS)

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

10 Medical Care Collections Fund pursuant to section 1729A 

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

12 ‘‘Medical services’’ account, to remain available until ex13 pended for the purposes of this account. 

14 SEC. 221. Appropriations available to the Department 

15 of Veterans Affairs for fiscal year 2006 for salaries and ex16 penses shall be available for services authorized by title 5, 

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

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

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

20 States Code, sections 5901–5902. 

21 TITLE III—RELATED AGENCIES 

22 AMERICAN BATTLE MONUMENTS COMMISSION 

23 SALARIES AND EXPENSES

24 For necessary expenses, not otherwise provided for, of 

25 the American Battle Monuments Commission, including the 

26 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 Monumnets 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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HR 2528 RS 

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-
96 

HR 2528 RS 

1 tirement Home—Washington, District of Columbia and the 

2 Armed Forces Retirement Home—Gulfport, Mississippi. 

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

4 and Veterans Affairs, and Related Agencies Appropriations 

5 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.’’. 

Calendar No. 169 

109TH CONGRESS 

1ST SESSION H.R. 2528 

[Report No. 109–105] 

AN ACT 

Making appropriations for military quality of life 

ing September 30, 2006, and for other purposes. fairs, and related agencies for the fiscal year endconstruction, the Department of Veterans Affunctions of the Department of Defense, military 

MAY 26, 2005 

Received; read twice and referred to the Committee on 

J

Appropriations 

ULY 21, 2005 

Reported with an amendment and an amendment to the 

title