H. R. 2528

One Hundred Ninth Congress

of the

United States of America 

AT THE FIRST SESSION 

Begun and held at the City of Washington on Tuesday, 

the fourth day of January, two thousand and five 

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.

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, That the 

following sums are appropriated, out of any money in the Treasury 

not otherwise appropriated for 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, namely: 

TITLE I 

DEPARTMENT OF DEFENSE 

MILITARY CONSTRUCTION, ARMY

(INCLUDING RESCISSIONS OF FUNDS)

For acquisition, construction, installation, and equipment of 

temporary or permanent public works, military installations, facilities, and real property for the Army as currently authorized by 

law, including personnel in the Army Corps of Engineers and other 

personal services necessary for the purposes of this appropriation, 

and for construction and operation of facilities in support of the 

functions of the Commander in Chief, $1,775,260,000, to remain 

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

not to exceed $170,021,000 shall be available for study, planning, 

design, architect and engineer services, and host nation support, 

as authorized by law, unless the Secretary of Defense determines 

that additional obligations are necessary for such purposes and 

notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor: Provided further, That of the funds provided, $50,000,000, to remain available 

until September 30, 2007, shall be for overhead cover systems 

to support force protection activities in Iraq: Provided further, That 

of the funds appropriated for ‘‘Military Construction, Army’’ under 

Public Law 107–249, $3,046,000 are hereby rescinded: Provided 

further, That of the funds appropriated for ‘‘Military Construction, 

Army’’ under Public Law 108–324, $16,700,000 are hereby 

rescinded. 
H. R. 2528—2

MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

(INCLUDING RESCISSIONS OF FUNDS)

For acquisition, construction, installation, and equipment of 

temporary or permanent public works, naval installations, facilities, 

and real property for the Navy and Marine Corps as currently 

authorized by law, including personnel in the Naval Facilities 

Engineering Command and other personal services necessary for 

the purposes of this appropriation, $1,157,141,000, to remain available until September 30, 2010: Provided, That of this amount, 

not to exceed $34,893,000 shall be available for study, planning, 

design, and architect and engineer services, as authorized by law, 

unless the Secretary of Defense determines that additional obligations are necessary for such purposes and notifies the Committees 

on Appropriations of both Houses of Congress of the determination 

and the reasons therefor: Provided further, That of the funds appropriated for ‘‘Military Construction, Navy and Marine Corps’’ under 

Public Law 108–132, $5,767,000 are hereby rescinded: Provided 

further, That of the funds appropriated for ‘‘Military Construction, Navy and Marine Corps’’ under Public Law 108–324, $44,270,000 

are hereby rescinded. 

MILITARY CONSTRUCTION, AIR FORCE

(INCLUDING RESCISSIONS OF FUNDS)

For acquisition, construction, installation, and equipment of 

temporary or permanent public works, military installations, facilities, and real property for the Air Force as currently authorized 

by law, $1,288,530,000, to remain available until September 30, 

2010: Provided, That of this amount, not to exceed $95,537,000 

shall be available for study, planning, design, and architect and 

engineer services, as authorized by law, unless the Secretary of 

Defense determines that additional obligations are necessary for 

such purposes and notifies the Committees on Appropriations of 

both Houses of Congress of the determination and the reasons 

therefor: Provided further, That of the funds appropriated for ‘‘Mili- tary Construction, Air Force’’ under Public Law 108–11, $13,000,000 

are hereby rescinded: Provided further, That of the funds appropriated for ‘‘Military Construction, Air Force’’ under Public Law 

108–132, $6,600,000 are hereby rescinded: Provided further, That 

of the funds appropriated for ‘‘Military Construction, Air Force’’ 

under Public Law 108–324, $9,500,000 are hereby rescinded: Provided further, That of the funds appropriated for ‘‘Military Construc- tion, Air Force’’ under Public Law 109–13, $46,500,000 are hereby 

rescinded. 

MILITARY CONSTRUCTION, DEFENSE-WIDE

(INCLUDING TRANSFER AND RESCISSION OF FUNDS)

For acquisition, construction, installation, and equipment of 

temporary or permanent public works, installations, facilities, and 

real property for activities and agencies of the Department of 

Defense (other than the military departments), as currently authorized by law, $1,008,855,000, to remain available until September 

30, 2010: Provided, That such amounts of this appropriation as 

may be determined by the Secretary of Defense may be transferred 
H. R. 2528—3

to such appropriations of the Department of Defense available for 

military construction or family housing as the Secretary may designate, to be merged with and to be available for the same purposes, 

and for the same time period, as the appropriation or fund to 

which transferred: Provided further, That of the amount appropriated, not to exceed $136,406,000 shall be available for study, 

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

by law, unless the Secretary of Defense determines that additional 

obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor: Provided further, That of the funds 

appropriated for ‘‘Military Construction, Defense-Wide’’ under 

Public Law 108–324, $20,000,000 are hereby rescinded. 

MILITARY CONSTRUCTION, ARMY NATIONAL GUARD

For construction, acquisition, expansion, rehabilitation, and 

conversion of facilities for the training and administration of the 

Army National Guard, and contributions therefor, as authorized 

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

Construction Authorization Acts, $523,151,000, to remain available 

until September 30, 2010. 

MILITARY CONSTRUCTION, AIR NATIONAL GUARD

(INCLUDING RESCISSION OF FUNDS)

For construction, acquisition, expansion, rehabilitation, and 

conversion of facilities for the training and administration of the 

Air National Guard, and contributions therefor, as authorized by 

chapter 1803 of title 10, United States Code, and Military Construction Authorization Acts, $316,117,000, to remain available until 

September 30, 2010: Provided, That of the funds appropriated for 

‘‘Military Construction, Air National Guard’’ under Public Law 108–

324, $13,700,000 are hereby rescinded. 

MILITARY CONSTRUCTION, ARMY RESERVE

For construction, acquisition, expansion, rehabilitation, and 

conversion of facilities for the training and administration of the 

Army Reserve as authorized by chapter 1803 of title 10, United 

States Code, and Military Construction Authorization Acts, 

$152,569,000, to remain available until September 30, 2010. 

MILITARY CONSTRUCTION, NAVAL RESERVE

(INCLUDING RESCISSIONS OF FUNDS)

For construction, acquisition, expansion, rehabilitation, and 

conversion of facilities for the training and administration of the 

reserve components of the Navy and Marine Corps as authorized 

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

Construction Authorization Acts, $46,864,000, to remain available 

until September 30, 2010: Provided, That of the funds appropriated 

for ‘‘Military Construction, Naval Reserve’’ under Public Law 108–

132, $5,368,000 are hereby rescinded: Provided further, That of 

the funds appropriated for ‘‘Military Construction, Naval Reserve’’ 

under Public Law 108–324, $11,192,000 are hereby rescinded. 
H. R. 2528—4

MILITARY CONSTRUCTION, AIR FORCE RESERVE

(INCLUDING RESCISSION OF FUNDS)

For construction, acquisition, expansion, rehabilitation, and 

conversion of facilities for the training and administration of the 

Air Force Reserve as authorized by chapter 1803 of title 10, United 

States Code, and Military Construction Authorization Acts, 

$105,883,000, to remain available until September 30, 2010: Provided, That of the funds appropriated for ‘‘Military Construction, 

Air Force Reserve’’ under Public Law 108–324, $13,815,000 are 

hereby rescinded. 

NORTH ATLANTIC TREATY ORGANIZATION

SECURITY INVESTMENT PROGRAM

(INCLUDING RESCISSION OF FUNDS)

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

Treaty Organization Security Investment Program for the acquisition and construction of military facilities and installations 

(including international military headquarters) and for related 

expenses for the collective defense of the North Atlantic Treaty 

Area as authorized by section 2806 of title 10, United States Code, 

and Military Construction Authorization Acts, $206,858,000, to 

remain available until expended: Provided, That of the funds appropriated for ‘‘North Atlantic Treaty Organization Security Investment Program’’ under Public Law 108–324, $30,000,000 are hereby 

rescinded. 

FAMILY HOUSING CONSTRUCTION, ARMY

(INCLUDING RESCISSION OF FUNDS)

For expenses of family housing for the Army for construction, 

including acquisition, replacement, addition, expansion, extension, 

and alteration, as authorized by law, $549,636,000, to remain available until September 30, 2010: Provided, That of the funds appropriated for ‘‘Family Housing Construction, Army’’ under Public Law 

108–324, $16,000,000 are hereby rescinded. 

FAMILY HOUSING OPERATION AND MAINTENANCE, ARMY

For expenses of family housing for the Army for operation 

and maintenance, including debt payment, leasing, minor construction, principal and interest charges, and insurance premiums, as 

authorized by law, $803,993,000. 

FAMILY HOUSING CONSTRUCTION, NAVY AND MARINE CORPS

For expenses of family housing for the Navy and Marine Corps 

for construction, including acquisition, replacement, addition, 

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

$218,942,000, to remain available until September 30, 2010. 
H. R. 2528—5

FAMILY HOUSING OPERATION AND MAINTENANCE, NAVY AND

MARINE CORPS

For expenses of family housing for the Navy and Marine Corps 

for operation and maintenance, including debt payment, leasing, 

minor construction, principal and interest charges, and insurance 

premiums, as authorized by law, $588,660,000. 

FAMILY HOUSING CONSTRUCTION, AIR FORCE

(INCLUDING RESCISSIONS OF FUNDS)

For expenses of family housing for the Air Force for construction, including acquisition, replacement, addition, expansion, extension, and alteration, as authorized by law, $1,101,887,000, to remain 

available until September 30, 2010: Provided, That of the funds 

appropriated for ‘‘Family Housing Construction, Air Force’’ under 

Public Law 107–249, $7,700,000 are hereby rescinded: Provided 

further, That of the funds appropriated for ‘‘Family Housing 

Construction, Air Force’’ under Public Law 108–132, $4,500,000 

are hereby rescinded: Provided further, That of the funds appropriated for ‘‘Family Housing Construction, Air Force’’ under Public 

Law 108–324, $31,700,000 are hereby rescinded. 

FAMILY HOUSING OPERATION AND MAINTENANCE, AIR FORCE

For expenses of family housing for the Air Force for operation 

and maintenance, including debt payment, leasing, minor construction, principal and interest charges, and insurance premiums, as 

authorized by law, $766,939,000. 

FAMILY HOUSING OPERATION AND MAINTENANCE, DEFENSE-WIDE

For expenses of family housing for the activities and agencies 

of the Department of Defense (other than the military departments) 

for operation and maintenance, leasing, and minor construction, 

as authorized by law, $46,391,000. 

DEPARTMENT OF DEFENSE FAMILY HOUSING IMPROVEMENT FUND

For the Department of Defense Family Housing Improvement 

Fund, $2,500,000, to remain available until expended, for family 

housing initiatives undertaken pursuant to section 2883 of title 

10, United States Code, providing alternative means of acquiring 

and improving military family housing and supporting facilities. 

DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 1990

For deposit into the Department of Defense Base Closure 

Account 1990, established by section 2906(a)(1) of the Defense Base 

Closure and Realignment Act of 1990 (10 U.S.C. 2687 note), 

$254,827,000, to remain available until expended. 

DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 2005 

For deposit into the Department of Defense Base Closure 

Account 2005, established by section 2906A(a)(1) of the Defense 

Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note), 

$1,504,466,000, to remain available until expended: Provided, That 
H. R. 2528—6

these funds may not be obligated or expended until the Secretary 

of Defense submits to the congressional defense committees and 

receives approval of a report describing the specific programs, 

projects, and activities for which such funds are to be obligated. 

ADMINISTRATIVE PROVISIONS

SEC. 101. None of the funds made available in this title shall 

be expended for payments under a cost-plus-a-fixed-fee contract 

for construction, where cost estimates exceed $25,000, to be performed within the United States, except Alaska, without the specific 

approval in writing of the Secretary of Defense setting forth the 

reasons therefor. 

SEC. 102. Funds made available in this title for construction 

shall be available for hire of passenger motor vehicles. 

SEC. 103. Funds made available in this title for construction 

may be used for advances to the Federal Highway Administration, 

Department of Transportation, for the construction of access roads 

as authorized by section 210 of title 23, United States Code, when 

projects authorized therein are certified as important to the national 

defense by the Secretary of Defense. 

SEC. 104. None of the funds made available in this title may 

be used to begin construction of new bases in the United States 

for which specific appropriations have not been made. 

SEC. 105. None of the funds made available in this title shall 

be used for purchase of land or land easements in excess of 100 

percent of the value as determined by the Army Corps of Engineers 

or the Naval Facilities Engineering Command, except: (1) where 

there is a determination of value by a Federal court; (2) purchases 

negotiated by the Attorney General or the designee of the Attorney 

General; (3) where the estimated value is less than $25,000; or 

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

in the public interest. 

SEC. 106. None of the funds made available in this title shall 

be used to: (1) acquire land; (2) provide for site preparation; or 

(3) install utilities for any family housing, except housing for which 

funds have been made available in annual Acts making appropriations for military construction. 

SEC. 107. None of the funds made available in this title for 

minor construction may be used to transfer or relocate any activity 

from one base or installation to another, without prior notification 

to the Committees on Appropriations of both Houses of Congress. 

SEC. 108. None of the funds made available in this title may 

be used for the procurement of steel for any construction project 

or activity for which American steel producers, fabricators, and 

manufacturers have been denied the opportunity to compete for 

such steel procurement. 

SEC. 109. None of the funds available to the Department of 

Defense for military construction or family housing during the 

current fiscal year may be used to pay real property taxes in 

any foreign nation. 

SEC. 110. None of the funds made available in this title may 

be used to initiate a new installation overseas without prior notification to the Committees on Appropriations of both Houses of Congress. 

SEC. 111. None of the funds made available in this title may 

be obligated for architect and engineer contracts estimated by the 
H. R. 2528—7

Government to exceed $500,000 for projects to be accomplished 

in Japan, in any North Atlantic Treaty Organization member 

country, or in countries bordering the Arabian Sea, unless such 

contracts are awarded to United States firms or United States 

firms in joint venture with host nation firms. 

SEC. 112. None of the funds made available in this title for 

military construction in the United States territories and possessions in the Pacific and on Kwajalein Atoll, or in countries bordering 

the Arabian Sea, may be used to award any contract estimated 

by the Government to exceed $1,000,000 to a foreign contractor: 

Provided, That this section shall not be applicable to contract 

awards for which the lowest responsive and responsible bid of 

a United States contractor exceeds the lowest responsive and 

responsible bid of a foreign contractor by greater than 20 percent: 

Provided further, That this section shall not apply to contract 

awards for military construction on Kwajalein Atoll for which the 

lowest responsive and responsible bid is submitted by a Marshallese 

contractor. 

SEC. 113. The Secretary of Defense is to inform the appropriate 

committees of both Houses of Congress, including the Committees 

on Appropriations, of the plans and scope of any proposed military 

exercise involving United States personnel 30 days prior to its 

occurring, if amounts expended for construction, either temporary 

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

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

in this title which are limited for obligation during the current 

fiscal year shall be obligated during the last two months of the 

fiscal year. 

(TRANSFER OF FUNDS)

SEC. 115. Funds appropriated to the Department of Defense 

for construction in prior years shall be available for construction 

authorized for each such military department by the authorizations 

enacted into law during the current session of Congress. 

SEC. 116. For military construction or family housing projects 

that are being completed with funds otherwise expired or lapsed 

for obligation, expired or lapsed funds may be used to pay the 

cost of associated supervision, inspection, overhead, engineering 

and design on those projects and on subsequent claims, if any. 

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

funds made available to a military department or defense agency 

for the construction of military projects may be obligated for a 

military construction project or contract, or for any portion of such 

a project or contract, at any time before the end of the fourth 

fiscal year after the fiscal year for which funds for such project 

were made available, if the funds obligated for such project: (1) 

are obligated from funds available for military construction projects; 

and (2) do not exceed the amount appropriated for such project, 

plus any amount by which the cost of such project is increased 

pursuant to law. 

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

on Appropriations of both Houses of Congress with an annual 

report by February 15, containing details of the specific actions 

proposed to be taken by the Department of Defense during the 

current fiscal year to encourage other member nations of the North 

Atlantic Treaty Organization, Japan, Korea, and United States 
H. R. 2528—8

allies bordering the Arabian Sea to assume a greater share of 

the common defense burden of such nations and the United States. 

(TRANSFER OF FUNDS)

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

to the Department of Defense, proceeds deposited to the Department 

of Defense Base Closure Account established by section 207(a)(1) 

of the Defense Authorization Amendments and Base Closure and 

Realignment Act (10 U.S.C. 2687 note) pursuant to section 

207(a)(2)(C) of such Act, may be transferred to the account established by section 2906(a)(1) of the Defense Base Closure and 

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

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

time period as that account. 

(TRANSFER OF FUNDS)

SEC. 120. Subject to 30 days prior notification to the Committees on Appropriations of both Houses of Congress, such additional 

amounts as may be determined by the Secretary of Defense may 

be transferred to: (1) the Department of Defense Family Housing 

Improvement Fund from amounts appropriated for construction 

in ‘‘Family Housing’’ accounts, to be merged with and to be available 

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

appropriated directly to the Fund; or (2) the Department of Defense 

Military Unaccompanied Housing Improvement Fund from amounts 

appropriated for construction of military unaccompanied housing 

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

be available for the same purposes and for the same period of 

time as amounts appropriated directly to the Fund: Provided, That 

appropriations made available to the Funds shall be available to 

cover the costs, as defined in section 502(5) of the Congressional 

Budget Act of 1974, of direct loans or loan guarantees issued by 

the Department of Defense pursuant to the provisions of subchapter 

IV of chapter 169 of title 10, United States Code, pertaining to 

alternative means of acquiring and improving military family 

housing, military unaccompanied housing, and supporting facilities. 

SEC. 121. None of the funds made available in this title may 

be obligated for Partnership for Peace Programs in the New Independent States of the former Soviet Union. 

SEC. 122. (a) Not later than 60 days before issuing any solicitation for a contract with the private sector for military family housing 

the Secretary of the military department concerned shall submit 

to the Committees on Appropriations of both Houses of Congress 

the notice described in subsection (b). 

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

guarantee (including the making of mortgage or rental payments) 

proposed to be made by the Secretary to the private party under 

the contract involved in the event of—

(A) the closure or realignment of the installation for which 

housing is provided under the contract; 

(B) a reduction in force of units stationed at such installation; or 

(C) the extended deployment overseas of units stationed 

at such installation. 

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

of the guarantee involved and assess the extent and likelihood, 
H. R. 2528—9

if any, of the liability of the Federal Government with respect 

to the guarantee. 

(TRANSFER OF FUNDS)

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

to the Department of Defense, amounts may be transferred from 

the account established by section 2906(a)(1) of the Defense Base 

Closure and Realignment Act of 1990 (10 U.S.C. 2687 note), to 

the fund established by section 1013(d) of the Demonstration Cities 

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

pay for expenses associated with the Homeowners Assistance Program. Any amounts transferred shall be merged with and be available for the same purposes and for the same time period as the 

fund to which transferred. 

SEC. 124. Notwithstanding this or any other provision of law, 

funds made available in this title for operation and maintenance 

of family housing shall be the exclusive source of funds for repair 

and maintenance of all family housing units, including general 

or flag officer quarters: Provided, That not more than $35,000 

per unit may be spent annually for the maintenance and repair 

of any general or flag officer quarters without 30 days prior notification to the Committees on Appropriations of both Houses of Congress, except that an after-the-fact notification shall be submitted 

if the limitation is exceeded solely due to costs associated with 

environmental remediation that could not be reasonably anticipated 

at the time of the budget submission: Provided further, That the 

Under Secretary of Defense (Comptroller) is to report annually 

to the Committees on Appropriations of both Houses of Congress 

all operation and maintenance expenditures for each individual 

general or flag officer quarters for the prior fiscal year. 

SEC. 125. None of the funds made available in this title under 

the heading ‘‘North Atlantic Treaty Organization Security Investment Program’’, and no funds appropriated for any fiscal year 

before fiscal year 2006 for that program that remain available 

for obligation, may be obligated or expended for the conduct of 

studies of missile defense. 

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

official of the Department of Defense is requested by the subcommittee on Military Quality of Life and Veterans Affairs, and 

Related Agencies of the Committee on Appropriations of the House 

of Representatives or the subcommittee on Military Construction 

and Veterans Affairs, and Related Agencies of the Committee on 

Appropriations of the Senate to respond to a question or inquiry 

submitted by the chairman or another member of that subcommittee 

pursuant to a subcommittee hearing or other activity, the Secretary 

(or other official) shall respond to the request, in writing, within 

21 days of the date on which the request is transmitted to the 

Secretary (or other official). 

SEC. 127. Amounts contained in the Ford Island Improvement 

Account established by subsection (h) of section 2814 of title 10, 

United States Code, are appropriated and shall be available until 

expended for the purposes specified in subsection (i)(1) of such 

section or until transferred pursuant to subsection (i)(3) of such 

section. 
H. R. 2528—10

(TRANSFER OF FUNDS)

SEC. 128. None of the funds made available in this title, or 

in any Act making appropriations for military construction which 

remain available for obligation, may be obligated or expended to 

carry out a military construction, land acquisition, or family housing 

project at or for a military installation approved for closure, or 

at a military installation for the purposes of supporting a function 

that has been approved for realignment to another installation, 

in 2005 under the Defense Base Closure and Realignment Act 

of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 

2687 note), unless such a project at a military installation approved 

for realignment will support a new mission or function that is 

planned for that installation, or unless the Secretary of Defense 

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

project would be less than the cost to the United States of cancelling 

such project, or if the project is at an active component base that 

shall be established as an enclave or in the case of projects having 

multi-agency use, that another Government agency has indicated 

it will assume ownership of the completed project. The Secretary 

of Defense may not transfer funds made available as a result 

of this limitation from any military construction project, land 

acquisition, or family housing project to another account or use 

such funds for another purpose or project without the prior approval 

of the Committees on Appropriations of both Houses of Congress. 

SEC. 129. (a) Of the amount in the Department of Defense 

Base Closure Account 1990 under section 2906(a)(1) of the Defense 

Base Closure and Realignment Act of 1990 (part A of title XXIX 

of Public Law 101–510; 10 U.S.C. 2687 note) that is derived from 

the disposal of Department of the Navy property under that Act, 

not less than $300,000,000 shall be available exclusively to the 

Department of the Navy for the costs of environmental restoration 

and property management and disposal of property at installations 

of the Department of the Navy closed or realigned under that 

Act. 

(b) The amount available under subsection (a) shall remain 

available for the costs specified in that subsection until expended. 

(c) Not later than 45 days after the date of enactment of 

this Act, the Secretary of the Navy shall submit to the Committees 

on Appropriations of both Houses of Congress a report containing 

a plan for the use of the funds made available under subsection 

(a) for environmental restoration, and for property management 

and disposal, at covered Navy installations, including specific sites 

and work to be accomplished at those sites. None of the funds 

made available under subsection (a) shall be obligated until both 

of such committees approve such report or the expiration of the 

30-day period beginning on the date such committees receive such 

report, whichever occurs earlier. 

SEC. 130. Not later than 45 days after the date of the enactment 

of this Act, the Secretary of the Air Force shall submit to the 

Committees on Appropriations of both of Houses of Congress a 

report containing a housing plan for Spangdahlem Air Base, Germany, as outlined in the Statement of Managers accompanying 

the Conference report for H.R. 2528 of the 109th Congress. None 

of the funds made available in this title shall be used for the 

construction of family housing at Spangdahlem Air Base, Germany, 

until both of such committees approve such report or the expiration 
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of the 30-day period beginning on the date such committees receive 

such report, whichever occurs earlier. 

TITLE II 

DEPARTMENT OF VETERANS AFFAIRS 

VETERANS BENEFITS ADMINISTRATION

COMPENSATION AND PENSIONS

(INCLUDING TRANSFER OF FUNDS)

For the payment of compensation benefits to or on behalf of 

veterans and a pilot program for disability examinations as authorized by law (38 U.S.C. 107, chapters 11, 13, 18, 51, 53, 55, and 

61); pension benefits to or on behalf of veterans as authorized 

by law (38 U.S.C. chapters 15, 51, 53, 55, and 61; 92 Stat. 2508); 

and burial benefits, the Reinstated Entitlement Program for Survivors, emergency and other officers’ retirement pay, adjustedservice credits and certificates, payment of premiums due on 

commercial life insurance policies guaranteed under the provisions 

of title IV of the Servicemembers Civil Relief Act (50 U.S.C. App. 

540 et seq.) and for other benefits as authorized by law (38 U.S.C. 

107, 1312, 1977, and 2106, chapters 23, 51, 53, 55, and 61; 43 

Stat. 122, 123; 45 Stat. 735; 76 Stat. 1198), $33,897,787,000, to 

remain available until expended: Provided, That not to exceed 

$23,491,000 of the amount appropriated under this heading shall 

be reimbursed to ‘‘General operating expenses’’ and ‘‘Medical 

administration’’ for necessary expenses in implementing the provisions of chapters 51, 53, and 55 of title 38, United States Code, 

the funding source for which is specifically provided as the ‘‘Compensation and pensions’’ appropriation: Provided further, That such 

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

shall be reimbursed to ‘‘Medical care collections fund’’ to augment 

the funding of individual medical facilities for nursing home care 

provided to pensioners as authorized. 

READJUSTMENT BENEFITS

For the payment of readjustment and rehabilitation benefits 

to or on behalf of veterans as authorized by law (38 U.S.C. chapters 

21, 30, 31, 34, 35, 36, 39, 51, 53, 55, and 61), $3,309,234,000, 

to remain available until expended: Provided, That expenses for 

rehabilitation program services and assistance which the Secretary 

is authorized to provide under section 3104(a) of title 38, United 

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

of that section, shall be charged to this account. 

VETERANS INSURANCE AND INDEMNITIES

For military and naval insurance, national service life insurance, servicemen’s indemnities, service-disabled veterans insurance, 

and veterans mortgage life insurance as authorized by title 38, 

United States Code, chapter 19; 70 Stat. 887; 72 Stat. 487, 

$45,907,000, to remain available until expended. 
H. R. 2528—12

VETERANS HOUSING BENEFIT PROGRAM FUND PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

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

may be necessary to carry out the program, as authorized by chapter 

37 of title 38, United States Code: Provided, That such costs, 

including the cost of modifying such loans, shall be as defined 

in section 502 of the Congressional Budget Act of 1974: Provided 

further, That during fiscal year 2006, within the resources available, 

not to exceed $500,000 in gross obligations for direct loans are 

authorized for specially adapted housing loans. 

In addition, for administrative expenses to carry out the direct 

and guaranteed loan programs, $153,575,000, which may be transferred to and merged with the appropriation for ‘‘General operating 

expenses’’. 

VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

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

31 of title 38, United States Code: Provided, That such costs, 

including the cost of modifying such loans, shall be as defined 

in section 502 of the Congressional Budget Act of 1974: Provided 

further, That funds made available under this heading are available 

to subsidize gross obligations for the principal amount of direct 

loans not to exceed $4,242,000. 

In addition, for administrative expenses necessary to carry 

out the direct loan program, $305,000, which may be transferred 

to and merged with the appropriation for ‘‘General operating 

expenses’’. 

NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

For administrative expenses to carry out the direct loan program authorized by subchapter V of chapter 37 of title 38, United 

States Code, $580,000, which may be transferred to and merged 

with the appropriation for ‘‘General operating expenses’’: Provided,

That no new loans in excess of $30,000,000 may be made in fiscal 

year 2006. 

GUARANTEED TRANSITIONAL HOUSING LOANS FOR HOMELESS

VETERANS PROGRAM ACCOUNT

For the administrative expenses to carry out the guaranteed 

transitional housing loan program authorized by subchapter VI 

of chapter 37 of title 38, United States Code, not to exceed $750,000 

of the amounts appropriated by this Act for ‘‘General operating 

expenses’’ and ‘‘Medical administration’’ may be expended. 
H. R. 2528—13

VETERANS HEALTH ADMINISTRATION

MEDICAL SERVICES

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses for furnishing, as authorized by law, 

inpatient and outpatient care and treatment to beneficiaries of 

the Department of Veterans Affairs and veterans described in section 1705(a) of title 38, United States Code, including care and 

treatment in facilities not under the jurisdiction of the Department, 

and including medical supplies and equipment and salaries and 

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

States Code, and aid to State homes as authorized by section 

1741 of title 38, United States Code; $22,547,141,000, plus 

reimbursements, of which not less than $2,200,000,000 shall be 

expended for specialty mental health care: Provided, That 

$1,225,000,000 of the amount provided under this heading is designated by the Congress as an emergency requirement pursuant 

to section 402 of H. Con. Res. 95 (109th Congress), the concurrent 

resolution on the budget for fiscal year 2006: Provided further, 

That such $1,225,000,000 shall be available only if an official budget 

request is transmitted by the President to the Congress that revises 

the President’s budget amendment of July 14, 2005, to designate 

the entire $1,225,000,000 as an emergency requirement: Provided 

further, That of the funds made available under this heading, 

not to exceed $1,100,000,000 shall be available until September 

30, 2007: Provided further, That, notwithstanding any other provision of law, the Secretary of Veterans Affairs shall establish a 

priority for treatment for veterans who are service-connected disabled, lower income, or have special needs: Provided further, That, 

notwithstanding any other provision of law, the Secretary of Veterans Affairs shall give priority funding for the provision of basic 

medical benefits to veterans in enrollment priority groups 1 through 

6: Provided further, That, notwithstanding any other provision of 

law, the Secretary of Veterans Affairs may authorize the dispensing 

of prescription drugs from Veterans Health Administration facilities 

to enrolled veterans with privately written prescriptions based on 

requirements established by the Secretary: Provided further, That 

the implementation of the program described in the previous proviso 

shall incur no additional cost to the Department of Veterans Affairs: 

Provided further, That for the Department of Defense/Department 

of Veterans Affairs Health Care Sharing Incentive Fund, as authorized by section 721 of Public Law 107–314, a minimum of 

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

authorized by section 8111 of title 38, United States Code. 

MEDICAL ADMINISTRATION

For necessary expenses in the administration of the medical, 

hospital, nursing home, domiciliary, construction, supply, and 

research activities, as authorized by law; administrative expenses 

in support of capital policy activities; uniforms or allowances 

therefor, as authorized by sections 5901–5902 of title 5, United 

States Code; and administrative and legal expenses of the Department for collecting and recovering amounts owed the Department 

as authorized under chapter 17 of title 38, United States Code, 

and the Federal Medical Care Recovery Act (42 U.S.C. 2651 et 
H. R. 2528—14

seq.); $2,858,442,000, plus reimbursements, of which $250,000,000 

shall be available until September 30, 2007. 

MEDICAL FACILITIES

For necessary expenses for the maintenance and operation of 

hospitals, nursing homes, and domiciliary facilities and other necessary facilities for the Veterans Health Administration; for 

administrative expenses in support of planning, design, project 

management, real property acquisition and disposition, construction 

and renovation of any facility under the jurisdiction or for the 

use of the Department; for oversight, engineering and architectural 

activities not charged to project costs; for repairing, altering, 

improving or providing facilities in the several hospitals and homes 

under the jurisdiction of the Department, not otherwise provided 

for, either by contract or by the hire of temporary employees and 

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

food services, $3,297,669,000, plus reimbursements, of which 

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

MEDICAL AND PROSTHETIC RESEARCH

For necessary expenses in carrying out programs of medical 

and prosthetic research and development as authorized by chapter 

73 of title 38, United States Code, to remain available until September 30, 2007, $412,000,000, plus reimbursements, of which not 

less than $15,000,000 shall be used for Gulf War Illness research. 

DEPARTMENTAL ADMINISTRATION

GENERAL OPERATING EXPENSES

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

expenses in support of Department-Wide capital planning, management and policy activities, uniforms or allowances therefor; not 

to exceed $25,000 for official reception and representation expenses; 

hire of passenger motor vehicles; and reimbursement of the General 

Services Administration for security guard services, and the Department of Defense for the cost of overseas employee mail, 

$1,410,520,000: Provided, That expenses for services and assistance 

authorized under paragraphs (1), (2), (5), and (11) of section 3104(a) 

of title 38, United States Code, that the Secretary of Veterans 

Affairs determines are necessary to enable entitled veterans: (1) 

to the maximum extent feasible, to become employable and to 

obtain and maintain suitable employment; or (2) to achieve maximum independence in daily living, shall be charged to this account: 

Provided further, That the Veterans Benefits Administration shall 

be funded at not less than $1,053,938,000: Provided further, That 

of the funds made available under this heading, not to exceed 

$70,000,000 shall be available for obligation until September 30, 

2007: Provided further, That from the funds made available under 

this heading, the Veterans Benefits Administration may purchase 

up to two passenger motor vehicles for use in operations of that 

Administration in Manila, Philippines. 
H. R. 2528—15

INFORMATION TECHNOLOGY SYSTEMS

For necessary expenses for information technology systems and 

telecommunications support, including developmental information 

systems and operational information systems; for the capital asset 

acquisition of information technology systems, including management and related contractual costs of said acquisitions, including 

contractual costs associated with operations authorized by chapter 

3109 of title 5, United States Code, $1,213,820,000, to remain 

available until September 30, 2007: Provided, That none of these 

funds may be obligated until the Department of Veterans Affairs 

submits to the Committees on Appropriations of both Houses of 

Congress, and such Committees approve, a plan for expenditure 

that: (1) meets the capital planning and investment control review 

requirements established by the Office of Management and Budget; 

(2) complies with the Department of Veterans Affairs enterprise 

architecture; (3) conforms with an established enterprise life cycle 

methodology; and (4) complies with the acquisition rules, requirements, guidelines, and systems acquisition management practices 

of the Federal Government: Provided further, That within 30 days 

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

submit to the Committees on Appropriations of both Houses of 

Congress a reprogramming base letter which provides, by project, 

the costs included in this appropriation. 

NATIONAL CEMETERY ADMINISTRATION

For necessary expenses of the National Cemetery Administration for operations and maintenance, not otherwise provided for, 

including uniforms or allowances therefor; cemeterial expenses as 

authorized by law; purchase of one passenger motor vehicle for 

use in cemeterial operations; and hire of passenger motor vehicles, 

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

this heading, not to exceed $7,800,000 shall be available until 

September 30, 2007. 

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General in 

carrying out the provisions of the Inspector General Act of 1978, 

$70,174,000, to remain available until September 30, 2007. 

CONSTRUCTION, MAJOR PROJECTS

For constructing, altering, extending and improving any of the 

facilities including parking projects under the jurisdiction or for 

the use of the Department of Veterans Affairs, or for any of the 

purposes set forth in sections 316, 2404, 2406, 8102, 8103, 8106, 

8108, 8109, 8110, and 8122 of title 38, United States Code, including 

planning, architectural and engineering services, construction 

management services, maintenance or guarantee period services 

costs associated with equipment guarantees provided under the 

project, services of claims analysts, offsite utility and storm drainage 

system construction costs, and site acquisition, where the estimated 

cost of a project is more than the amount set forth in section 

8104(a)(3)(A) of title 38, United States Code, or where funds for 

a project were made available in a previous major project appropriation, $607,100,000, to remain available until expended, of which 

$532,010,000 shall be for Capital Asset Realignment for Enhanced 
H. R. 2528—16

Services (CARES) activities; and of which $2,500,000 shall be to 

make reimbursements as provided in section 13 of the Contract 

Disputes Act of 1978 (41 U.S.C. 612) for claims paid for contract 

disputes: Provided, That except for advance planning activities, 

including needs assessments which may or may not lead to capital 

investments, and other capital asset management related activities, 

such as portfolio development and management activities, and 

investment strategy studies funded through the advance planning 

fund and the planning and design activities funded through the 

design fund and CARES funds, including needs assessments which 

may or may not lead to capital investments, none of the funds 

appropriated under this heading shall be used for any project which 

has not been approved by the Congress in the budgetary process: 

Provided further, That funds provided in this appropriation for 

fiscal year 2006, for each approved project (except those for CARES 

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

of a construction documents contract by September 30, 2006; and 

(2) by the awarding of a construction contract by September 30, 

2007: Provided further, That the Secretary of Veterans Affairs shall 

promptly report in writing to the Committees on Appropriations 

of both Houses of Congress any approved major construction project 

in which obligations are not incurred within the time limitations 

established above: Provided further, That none of the funds in 

this or any other Act may be used to reduce the mission, services 

or infrastructure, including land, of the 18 facilities on the Capital 

Asset Realignment for Enhanced Services (CARES) list requiring 

further study as specified by the Secretary of Veterans Affairs 

without prior approval of the Committees on Appropriations of 

both Houses of Congress. 

CONSTRUCTION, MINOR PROJECTS

For constructing, altering, extending, and improving any of 

the facilities including parking projects under the jurisdiction or 

for the use of the Department of Veterans Affairs, including planning and assessments of needs which may lead to capital investments, architectural and engineering services, maintenance or guarantee period services costs associated with equipment guarantees 

provided under the project, services of claims analysts, offsite utility 

and storm drainage system construction costs, and site acquisition, 

or for any of the purposes set forth in sections 316, 2404, 2406, 

8102, 8103, 8106, 8108, 8109, 8110, 8122, and 8162 of title 38, 

United States Code, where the estimated cost of a project is equal 

to or less than the amount set forth in section 8104(a)(3)(A) of 

title 38, United States Code, $198,937,000, to remain available 

until expended, along with unobligated balances of previous 

‘‘Construction, minor projects’’ appropriations which are hereby 

made available for any project where the estimated cost is equal 

to or less than the amount set forth in such section, of which 

$155,000,000 shall be for Capital Asset Realignment for Enhanced 

Services (CARES) activities: Provided, That funds in this account 

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

under the jurisdiction or for the use of the Department which 

are necessary because of loss or damage caused by any natural 

disaster or catastrophe; and (2) temporary measures necessary to 

prevent or to minimize further loss by such causes. 
H. R. 2528—17

GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE FACILITIES

For grants to assist States to acquire or construct State nursing 

home and domiciliary facilities and to remodel, modify or alter 

existing hospital, nursing home and domiciliary facilities in State 

homes, for furnishing care to veterans as authorized by sections 

8131–8137 of title 38, United States Code, $85,000,000, to remain 

available until expended. 

GRANTS FOR THE CONSTRUCTION OF STATE VETERANS CEMETERIES

For grants to aid States in establishing, expanding, or 

improving State veterans cemeteries as authorized by section 2408 

of title 38, United States Code, $32,000,000, to remain available 

until expended. 

ADMINISTRATIVE PROVISIONS

(INCLUDING TRANSFER OF FUNDS)

SEC. 201. Any appropriation for fiscal year 2006 for ‘‘Compensation and pensions’’, ‘‘Readjustment benefits’’, and ‘‘Veterans insurance and indemnities’’ may be transferred as necessary to any 

other of the mentioned appropriations: Provided, That before a 

transfer may take place, the Secretary of Veterans Affairs shall 

request from the Committees on Appropriations of both Houses 

of Congress the authority to make the transfer and an approval 

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

SEC. 202. Appropriations available in this title for salaries 

and expenses shall be available for services authorized by section 

3109 of title 5, United States Code, hire of passenger motor vehicles; 

lease of a facility or land or both; and uniforms or allowances 

therefore, as authorized by sections 5901–5902 of title 5, United 

States Code. 

SEC. 203. No appropriations in this title (except the appropriations for ‘‘Construction, major projects’’, and ‘‘Construction, minor 

projects’’) shall be available for the purchase of any site for or 

toward the construction of any new hospital or home. 

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

for hospitalization or examination of any persons (except beneficiaries entitled under the laws bestowing such benefits to veterans, 

and persons receiving such treatment under sections 7901–7904 

of title 5, United States Code or the Robert T. Stafford Disaster 

Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.)), 

unless reimbursement of cost is made to the ‘‘Medical services’’ 

account at such rates as may be fixed by the Secretary of Veterans 

Affairs. 

SEC. 205. Appropriations available in this title for ‘‘Compensation and pensions’’, ‘‘Readjustment benefits’’, and ‘‘Veterans insurance and indemnities’’ shall be available for payment of prior year 

accrued obligations required to be recorded by law against the 

corresponding prior year accounts within the last quarter of fiscal 

year 2005. 

SEC. 206. Appropriations available in this title shall be available 

to pay prior year obligations of corresponding prior year appropriations accounts resulting from sections 3328(a), 3334, and 3712(a) 

of title 31, United States Code, except that if such obligations 
H. R. 2528—18

are from trust fund accounts they shall be payable from ‘‘Compensation and pensions’’. 

SEC. 207. Notwithstanding any other provision of law, during 

fiscal year 2006, the Secretary of Veterans Affairs shall, from the 

National Service Life Insurance Fund (38 U.S.C. 1920), the Veterans’ Special Life Insurance Fund (38 U.S.C. 1923), and the United 

States Government Life Insurance Fund (38 U.S.C. 1955), reimburse 

the ‘‘General operating expenses’’ account for the cost of administration of the insurance programs financed through those accounts: 

Provided, That reimbursement shall be made only from the surplus 

earnings accumulated in an insurance program in fiscal year 2006 

that are available for dividends in that program after claims have 

been paid and actuarially determined reserves have been set aside: 

Provided further, That if the cost of administration of an insurance 

program exceeds the amount of surplus earnings accumulated in 

that program, reimbursement shall be made only to the extent 

of such surplus earnings: Provided further, That the Secretary 

shall determine the cost of administration for fiscal year 2006 

which is properly allocable to the provision of each insurance program and to the provision of any total disability income insurance 

included in such insurance program. 

SEC. 208. The paragraph under the heading ‘‘Franchise Fund’’ 

in title I of Public Law 104–204 (31 U.S.C. 501 note) is amended—

(1) by striking ‘‘franchise fund pilot, as authorized by section 403 of Public Law 103–356, to be available as provided 

in such section’’ and inserting ‘‘Department of Veterans Affairs 

franchise fund, to be available without fiscal year limitation’’; 

and 

(2) by striking the final proviso. 

SEC. 209. Amounts deducted from enhanced-use lease proceeds 

to reimburse an account for expenses incurred by that account 

during a prior fiscal year for providing enhanced-use lease services, 

may be obligated during the fiscal year in which the proceeds 

are received. 

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

and other administrative expenses shall also be available to 

reimburse the Office of Resolution Management and the Office 

of Employment Discrimination Complaint Adjudication for all services provided at rates which will recover actual costs but not exceed 

$29,758,000 for the Office of Resolution Management and 

$3,059,000 for the Office of Employment and Discrimination Complaint Adjudication: Provided, That payments may be made in 

advance for services to be furnished based on estimated costs: 

Provided further, That amounts received shall be credited to ‘‘General operating expenses’’ for use by the office that provided the 

service. 

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

to enter into any new lease of real property if the estimated annual 

rental is more than $300,000 unless the Secretary submits a report 

which the Committees on Appropriations of both Houses of Congress 

approve within 30 days following the date on which the report 

is received. 

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

shall be available for hospital care, nursing home care, or medical 

services provided to any person under chapter 17 of title 38, United 

States Code, for a non-service-connected disability described in section 1729(a)(2) of such title, unless that person has disclosed to 
H. R. 2528—19

the Secretary of Veterans Affairs, in such form as the Secretary 

may require, current, accurate third-party reimbursement information for purposes of section 1729 of such title: Provided, That 

the Secretary may recover, in the same manner as any other debt 

due the United States, the reasonable charges for such care or 

services from any person who does not make such disclosure as 

required: Provided further, That any amounts so recovered for care 

or services provided in a prior fiscal year may be obligated by 

the Secretary during the fiscal year in which amounts are received. 

SEC. 213. Notwithstanding any other provision of law, at the 

discretion of the Secretary of Veterans Affairs, proceeds or revenues 

derived from enhanced-use leasing activities (including disposal) 

may be deposited into the ‘‘Construction, major projects’’ and 

‘‘Construction, minor projects’’ accounts and be used for construction 

(including site acquisition and disposition), alterations and improvements of any medical facility under the jurisdiction or for the 

use of the Department of Veterans Affairs. Such sums as realized 

are in addition to the amount provided for in ‘‘Construction, major 

projects’’ and ‘‘Construction, minor projects’’. 

SEC. 214. Amounts made available under ‘‘Medical services’’ 

are available—

(1) for furnishing recreational facilities, supplies, and equipment; and 

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

expenses incidental to funerals and burials for beneficiaries 

receiving care in the Department. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 215. That such sums as may be deposited to the Medical 

Care Collections Fund pursuant to section 1729A of title 38, United 

States Code, may be transferred to ‘‘Medical services’’, to remain 

available until expended for the purposes of this account. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 216. Amounts made available for fiscal year 2006 under 

the ‘‘Medical services’’, ‘‘Medical administration’’, and ‘‘Medical 

facilities’’ accounts may be transferred among the accounts to the 

extent necessary to implement the restructuring of the Veterans 

Health Administration accounts: Provided, That before a transfer 

may take place, the Secretary of Veterans Affairs shall request 

from the Committees on Appropriations of both Houses of Congress 

the authority to make the transfer and an approval is issued. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 217. Any appropriation for fiscal year 2006 for the Veterans Benefits Administration made available under the heading 

‘‘General operating expenses’’ may be transferred to the ‘‘Veterans 

Housing Benefit Program Fund Program Account’’ for the purpose 

of providing funds for the nationwide property management contract 

if the administrative costs of such contract exceed $8,800,000 in 

the fiscal year. 

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

Secretary of Veterans Affairs shall allow veterans eligible under 

existing Department of Veterans Affairs medical care requirements 

and who reside in Alaska to obtain medical care services from 
H. R. 2528—20

medical facilities supported by the Indian Health Service or tribal 

organizations. The Secretary shall: (1) limit the application of this 

provision to rural Alaskan veterans in areas where an existing 

Department of Veterans Affairs facility or Veterans Affairs-contracted service is unavailable; (2) require participating veterans 

and facilities to comply with all appropriate rules and regulations, 

as established by the Secretary; (3) require this provision to be 

consistent with Capital Asset Realignment for Enhanced Services 

activities; and (4) result in no additional cost to the Department 

of Veterans Affairs or the Indian Health Service. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 219. That such sums as may be deposited to the Department of Veterans Affairs Capital Asset Fund pursuant to section 

8118 of title 38, United States Code, may be transferred to the 

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

accounts, to remain available until expended for the purposes of 

these accounts. 

SEC. 220. None of the funds available to the Department of 

Veterans Affairs, in this Act or any other Act, may be used to 

replace the current system by which the Veterans Integrated Service 

Networks select and contract for diabetes monitoring supplies and 

equipment. 

SEC. 221. None of the funds made available in this Act may 

be used to implement any policy prohibiting the Directors of the 

Veterans Integrated Service Networks from conducting outreach 

or marketing to enroll new veterans within their respective Networks. 

SEC. 222. The Secretary of Veterans Affairs shall submit to 

the Committees on Appropriations of both Houses of Congress a 

quarterly report on the financial status of the Veterans Health 

Administration. 

SEC. 223. None of the funds made available in this Act or 

any other Act may be used—

(1) with respect to the 2,100 compensation cases identified 

in the Scope and Methodology description in VA Inspector 

General Report No. 05–00765–137 as having been reviewed 

by the Office of Inspector General— 

(A) to retroactively revoke or reduce a veteran’s disability compensation payments for post traumatic stress 

disorder based on a finding that the Department of Veterans Affairs failed to collect justifying documentation 

unless the award of compensation was the direct result 

of fraud by the applicant; or 

(B) to prospectively revoke or reduce a veteran’s disability compensation payments for post traumatic stress 

disorder, based on a finding that the Department of Veterans Affairs failed to collect justifying documentation, 

effective before the date on which the veteran’s time to 

exhaust all available administrative and judicial appeals 

has expired or such administrative and judicial appeals 

are finally decided; or 

(2) for the implementation of Recommendation 3 of VA 

Inspector General Report No. 05–00765–137 or any related 

review and investigation of post traumatic stress, individual 

unemployability, and schedular 100 percent ratings cases, until 

the Department of Veterans Affairs reports to the Committees 
H. R. 2528—21

on Appropriations of both Houses of Congress on its plans 

for implementing this recommendation, and outlines the 

staffing and funding requirements. 

SEC. 224. CLINICAL TRAINING AND PROTOCOLS. (a) FINDINGS.—

Congress finds that— 

(1) the Iraq War Clinician Guide has tremendous value; 

and 

(2) the Secretary of Defense and the National Center on 

Post Traumatic Stress Disorder should continue to work 

together to ensure that the mental health care needs of 

servicemembers and veterans are met. 

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

Stress Disorder shall collaborate with the Secretary of Defense— 

(1) to enhance the clinical skills of military clinicians 

through training, treatment protocols, web-based interventions, 

and the development of evidence-based interventions; and 

(2) to promote pre-deployment resilience and post-deployment readjustment among servicemembers serving in Operation 

Iraqi Freedom and Operation Enduring Freedom. 

(c) TRAINING.—The National Center on Post Traumatic Stress 

Disorder shall work with the Secretary of Defense to ensure that 

clinicians in the Department of Defense are provided with the 

training and protocols developed pursuant to subsection (b)(1). 

(INCLUDING TRANSFER OF FUNDS)

SEC. 225. Amounts made available under the ‘‘Medical administration’’, ‘‘Medical services’’, ‘‘Medical facilities’’, ‘‘General operating 

expenses’’, ‘‘National Cemetery Administration’’ and ‘‘Office of 

Inspector General’’ accounts for fiscal year 2006, may be transferred 

to or from the ‘‘Information technology systems’’ account: Provided,

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

Affairs shall request from the Committees on Appropriations of 

both Houses of Congress the authority to make the transfer and 

an approval is issued. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 226. For purposes of perfecting the funding sources of 

the Department of Veterans Affairs’ new ‘‘Information technology 

systems’’ account, funds made available for fiscal year 2006 may 

be transferred from the ‘‘General operating expenses’’, ‘‘National 

Cemetery Administration’’, and ‘‘Office of Inspector General’’ 

accounts to the ‘‘Medical administration’’ account: Provided, That 

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

shall request from the Committees on Appropriations of both Houses 

of Congress the authority to make the transfer and an approval 

is issued. 

(INCLUDING TRANSFER OF FUNDS)

SEC. 227. Amounts made available for the ‘‘Information technology systems’’ account may be transferred between projects: Provided, That no project may be increased or decreased by more 

than $1,000,000 of cost prior to submitting a request to the Committees on Appropriations of both Houses of Congress the authority 

to make the transfer and an approval is issued, or absent a 

response, a period of 30 days has elapsed. 
H. R. 2528—22

SEC. 228. The Department of Veterans Affairs shall conduct 

an information campaign in States with an average annual disability compensation payment of less than $7,300 (according to 

the report issued by the Department of Veterans Affairs Office 

of Inspector General on May 19, 2005), to inform all veterans 

receiving disability compensation, by direct mail, of the history 

of below average disability compensation payments to veterans 

in such States, and to provide all veterans in each such State, 

through broadcast or print advertising, with the aforementioned 

historical information and instructions for submitting new claims 

and requesting review of past disability claims and ratings. 

SEC. 229. Of the funds available to the Department of Veterans 

Affairs in this Act or any other Act, no more than $50,000,000 

shall be available for the HealtheVetVista project, for fiscal year 

2006: Provided, That none of the funds made available for the 

HealtheVetVista project may be obligated until the Committees 

on Appropriations of both Houses of Congress approve a financial 

expenditure plan for the entire project. 

SEC. 230. The authority provided by section 2011 of title 38, 

United States Code, shall continue in effect through September 

30, 2006. 

TITLE III 

RELATED AGENCIES 

AMERICAN BATTLE MONUMENTS COMMISSION

SALARIES AND EXPENSES

For necessary expenses, not otherwise provided for, of the 

American Battle Monuments Commission, including the acquisition 

of land or interest in land in foreign countries; purchases and 

repair of uniforms for caretakers of national cemeteries and monuments outside of the United States and its territories and possessions; rent of office and garage space in foreign countries; purchase 

(one for replacement only) and hire of passenger motor vehicles; 

not to exceed $7,500 for official reception and representation 

expenses; and insurance of official motor vehicles in foreign countries, when required by law of such countries, $36,250,000, to 

remain available until expended. 

FOREIGN CURRENCY FLUCTUATIONS ACCOUNT

For necessary expenses, not otherwise provided for, of the 

American Battle Monuments Commission, $15,250,000, to remain 

available until expended, for purposes authorized by section 2109 

of title 36, United States Code. 

UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

SALARIES AND EXPENSES

For necessary expenses for the operation of the United States 

Court of Appeals for Veterans Claims as authorized by sections 

7251–7298 of title 38, United States Code, $18,795,000, of which 

$1,260,000 shall be available for the purpose of providing financial 

assistance as described, and in accordance with the process and 
H. R. 2528—23

reporting procedures set forth, under this heading in Public Law 

102–229. 

DEPARTMENT OF DEFENSE—CIVIL

CEMETERIAL EXPENSES, ARMY

SALARIES AND EXPENSES

For necessary expenses, as authorized by law, for maintenance, 

operation, and improvement of Arlington National Cemetery and 

Soldiers’ and Airmen’s Home National Cemetery, including the 

purchase of two passenger motor vehicles for replacement only, 

and not to exceed $1,000 for official reception and representation 

expenses, $29,050,000, to remain available until expended. In addition, such sums as may be necessary for parking maintenance, 

repairs and replacement, to be derived from the Lease of Department of Defense Real Property for Defense Agencies account. 

ARMED FORCES RETIREMENT HOME

For expenses necessary for the Armed Forces Retirement Home 

to operate and maintain the Armed Forces Retirement Home—

Washington, District of Columbia and the Armed Forces Retirement 

Home—Gulfport, Mississippi, to be paid from funds available in 

the Armed Forces Retirement Home Trust Fund, $58,281,000, of 

which $1,248,000 shall remain available until expended for 

construction and renovation of the physical plants at the Armed 

Forces Retirement Home—Washington, District of Columbia and 

the Armed Forces Retirement Home—Gulfport, Mississippi. 

TITLE IV 

GENERAL PROVISIONS 

SEC. 401. No part of any appropriation contained in this Act 

shall remain available for obligation beyond the current fiscal year 

unless expressly so provided herein. 

SEC. 402. Such sums as may be necessary for fiscal year 2006 

pay raises for programs funded by this Act shall be absorbed within 

the levels appropriated in this Act. 

SEC. 403. None of the funds made available in this Act may 

be used for any program, project, or activity, when it is made 

known to the Federal entity or official to which the funds are 

made available that the program, project, or activity is not in 

compliance with any Federal law relating to risk assessment, the 

protection of private property rights, or unfunded mandates. 

SEC. 404. No part of any funds appropriated in this Act shall 

be used by an agency of the executive branch, other than for 

normal and recognized executive-legislative relationships, for publicity or propaganda purposes, and for the preparation, distribution 

or use of any kit, pamphlet, booklet, publication, radio, television 

or film presentation designed to support or defeat legislation 

pending before Congress, except in presentation to Congress itself. 

SEC. 405. All departments and agencies funded under this 

Act are encouraged, within the limits of the existing statutory 
H. R. 2528—24

authorities and funding, to expand their use of ‘‘E-Commerce’’ technologies and procedures in the conduct of their business practices 

and public service activities. 

SEC. 406. None of the funds made available in this Act may 

be transferred to any department, agency, or instrumentality of 

the United States Government except pursuant to a transfer made 

by, or transfer authority provided in, this Act or any other appropriations Act. 

SEC. 407. Unless stated otherwise, all reports and notifications 

required by this Act shall be submitted to the Subcommittee on 

Military Quality of Life and Veterans Affairs, and Related Agencies 

of the Committee on Appropriations of the House of Representatives 

and the Subcommittee on Military Construction and Veterans 

Affairs, and Related Agencies of the Committee on Appropriations 

of the Senate. 

SEC. 408. (a) Section 613 of the Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2006, is amended 

by striking ‘‘the United States-China Economic and Security Review 

Commission’’, and inserting ‘‘a grant for the Trade Lawyers Advisory 

Group’’. 

(b) The amendment made by paragraph (1) shall take effect 

on the date of enactment of the Science, State, Justice, Commerce, 

and Related Agencies Appropriations Act, 2006. 

This Act may be cited as the ‘‘Military Quality of Life and 

Veterans Affairs Appropriations Act, 2006’’.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.