IIB 

109TH CONGRESS 

1ST SESSION H. R. 2528 

IN THE SENATE OF THE UNITED STATES 

MAY 26, 2005 

Received; read twice and referred to the Committee on Appropriations 

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. 
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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 De6 fense, military construction, the Department of Veterans 

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

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

9 TITLE I 

10 DEPARTMENT OF DEFENSE 

11 MILITARY CONSTRUCTION, ARMY

12 For acquisition, construction, installation, and equip13 ment of temporary or permanent public works, military 

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

15 currently authorized by law, including personnel in the 

16 Army Corps of Engineers and other personal services nec17 essary for the purposes of this appropriation, and for con18 struction and operation of facilities in support of the func19 tions of the Commander in Chief, $1,602,552,000, to re20 main available until September 30, 2010: Provided, That 

21 of this amount, not to exceed $168,804,000 shall be avail22 able for study, planning, design, architect and engineer 

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

24 unless the Secretary of Defense determines that additional 

25 obligations are necessary for such purposes and notifies 
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1 the Committees on Appropriations of both Houses of Con2 gress of the determination and the reasons therefor. 

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

4 September 30, 2007, for overhead cover systems to sup5 port force protection activities in Iraq: Provided, That not6 withstanding any other provision of law, such funds may 

7 be obligated or expended to carry out planning and design 

8 and military construction projects not otherwise author9 ized by law. 

10 MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

11 For acquisition, construction, installation, and equip12 ment of temporary or permanent public works, naval in13 stallations, facilities, and real property for the Navy and 

14 Marine Corps as currently authorized by law, including 

15 personnel in the Naval Facilities Engineering Command 

16 and other personal services necessary for the purposes of 

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

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

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

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

21 authorized by law, unless the Secretary of Defense deter22 mines that additional obligations are necessary for such 

23 purposes and notifies the Committees on Appropriations 

24 of both Houses of Congress of the determination and the 

25 reasons therefor. 
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1 MILITARY CONSTRUCTION, AIR FORCE

2 For acquisition, construction, installation, and equip3 ment of temporary or permanent public works, military 

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

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

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

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

8 study, planning, design, and architect and engineer serv9 ices, as authorized by law, unless the Secretary of Defense 

10 determines that additional obligations are necessary for 

11 such purposes and notifies the Committees on Appropria12 tions of both Houses of Congress of the determination and 

13 the reasons therefor. 

14 MILITARY CONSTRUCTION, DEFENSE-WIDE

15 (INCLUDING TRANSFER OF FUNDS)

16 For acquisition, construction, installation, and equip17 ment of temporary or permanent public works, installa18 tions, facilities, and real property for activities and agen19 cies of the Department of Defense (other than the military 

20 departments), as currently authorized by law, 

21 $976,664,000, to remain available until September 30, 

22 2010: Provided, That such amounts of this appropriation 

23 as may be determined by the Secretary of Defense may 

24 be transferred to such appropriations of the Department 

25 of Defense available for military construction or family 
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1 housing as the Secretary may designate, to be merged with 

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

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

4 transferred: Provided further, That of the amount appro5 priated, not to exceed $107,285,000 shall be available for 

6 study, planning, design, and architect and engineer serv7 ices, as authorized by law, unless the Secretary of Defense 

8 determines that additional obligations are necessary for 

9 such purposes and notifies the Committees on Appropria10 tions of both Houses of Congress of the determination and 

11 the reasons therefor. 

12 MILITARY CONSTRUCTION, ARMY NATIONAL GUARD

13 For construction, acquisition, expansion, rehabilita14 tion, and conversion of facilities for the training and ad15 ministration of the Army National Guard, and contribu16 tions therefor, as authorized by chapter 1803 of title 10, 

17 United States Code, and Military Construction Authoriza18 tion Acts, $410,624,000, to remain available until Sep19 tember 30, 2010. 

20 MILITARY CONSTRUCTION, AIR NATIONAL GUARD

21 For construction, acquisition, expansion, rehabilita22 tion, and conversion of facilities for the training and ad23 ministration of the Air National Guard, and contributions 

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

25 States Code, and Military Construction Authorization 
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1 Acts, $225,727,000, to remain available until September 

2 30, 2010. 

3 MILITARY CONSTRUCTION, ARMY RESERVE

4 For construction, acquisition, expansion, rehabilita5 tion, and conversion of facilities for the training and ad6 ministration of the Army Reserve as authorized by chapter 

7 1803 of title 10, United States Code, and Military Con8 struction Authorization Acts, $138,425,000, to remain 

9 available until September 30, 2010. 

10 MILITARY CONSTRUCTION, NAVAL RESERVE

11 For construction, acquisition, expansion, rehabilita12 tion, and conversion of facilities for the training and ad13 ministration of the reserve components of the Navy and 

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

15 United States Code, and Military Construction Authoriza16 tion Acts, $45,226,000, to remain available until Sep17 tember 30, 2010. 

18 MILITARY CONSTRUCTION, AIR FORCE RESERVE

19 For construction, acquisition, expansion, rehabilita20 tion, and conversion of facilities for the training and ad21 ministration of the Air Force Reserve as authorized by 

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

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

24 available until September 30, 2010. 
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1 NORTH ATLANTIC TREATY ORGANIZATION

2 SECURITY INVESTMENT PROGRAM

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

4 Atlantic Treaty Organization Security Investment Pro5 gram for the acquisition and construction of military fa6 cilities and installations (including international military 

7 headquarters) and for related expenses for the collective 

8 defense of the North Atlantic Treaty Area as authorized 

9 by section 2806 of title 10, United States Code, and Mili10 tary Construction Authorization Acts, $206,858,000, to 

11 remain available until expended. 

12 FAMILY HOUSING CONSTRUCTION, ARMY

13 For expenses of family housing for the Army for con14 struction, including acquisition, replacement, addition, ex15 pansion, extension, and alteration, as authorized by law, 

16 $549,636,000, to remain available until September 30, 

17 2010. 

18 FAMILY HOUSING OPERATION AND MAINTENANCE, 

19 ARMY

20 For expenses of family housing for the Army for op21 eration and maintenance, including debt payment, leasing, 

22 minor construction, principal and interest charges, and in23 surance premiums, as authorized by law, $803,993,000. 
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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 

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

7 September 30, 2010. 

8 FAMILY HOUSING OPERATION AND MAINTENANCE, 

9 NAVY 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 

14 law, $588,660,000. 

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

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 

7 military departments) for operation and maintenance, 

8 leasing, and minor construction, as authorized by law, 

9 $46,391,000. 

10 DEPARTMENT OF DEFENSE FAMILY HOUSING

11 IMPROVEMENT FUND

12 For the Department of Defense Family Housing Im13 provement Fund, $2,500,000, to remain available until ex14 pended, for family housing initiatives undertaken pursu15 ant to section 2883 of title 10, United States Code, pro16 viding alternative means of acquiring and improving mili17 tary family housing and supporting facilities. 

18 BASE REALIGNMENT AND CLOSURE ACCOUNT 1990 

19 For deposit into the Department of Defense Base 

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

21 of the Defense Base Closure and Realignment Act of 1990 

22 (10 U.S.C. 2687 note), $377,827,000, to remain available 

23 until expended. 
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1 BASE REALIGNMENT AND CLOSURE ACCOUNT 2005 

2 For deposit into the Department of Defense Base Re3 alignment and Closure Account 2005, established by sec4 tion 2906A(a)(1) of the Defense Base Closure and Re5 alignment Act of 1990 (10 U.S.C. 2687 note), 

6 $1,570,466,000, to remain available until expended. 

7 BASIC ALLOWANCE FOR HOUSING, ARMY

8 For basic allowance for housing, for members of the 

9 Army on active duty, $3,945,392,000. 

10 BASIC ALLOWANCE FOR HOUSING, NAVY

11 For basic allowance for housing, for members of the 

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

13 BASIC ALLOWANCE FOR HOUSING, MARINE CORPS

14 For basic allowance for housing, for members of the 

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

16 BASIC ALLOWANCE FOR HOUSING, AIR FORCE

17 For basic allowance for housing, for members of the 

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

19 BASIC ALLOWANCE FOR HOUSING, ARMY NATIONAL

20 GUARD

21 For basic allowance for housing, for members of the 

22 Army National Guard on active duty, $453,690,000. 
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1 BASIC ALLOWANCE FOR HOUSING, AIR NATIONAL

2 GUARD

3 For basic allowance for housing, for members of the 

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

5 BASIC ALLOWANCE FOR HOUSING, ARMY RESERVE

6 For basic allowance for housing, for members of the 

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

8 BASIC ALLOWANCE FOR HOUSING, NAVAL RESERVE

9 For basic allowance for housing, for members of the 

10 Naval Reserve on active duty, $191,338,000. 

11 BASIC ALLOWANCE FOR HOUSING, MARINE CORPS

12 RESERVE

13 For basic allowance for housing, for members of the 

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

15 BASIC ALLOWANCE FOR HOUSING, AIR FORCE RESERVE

16 For basic allowance for housing, for members of the 

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

18 FACILITIES SUSTAINMENT, RESTORATION AND

19 MODERNIZATION, ARMY

20 For expenses for facilities sustainment, restoration 

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

22 FACILITIES SUSTAINMENT, RESTORATION AND

23 MODERNIZATION, NAVY

24 For expenses for facilities sustainment, restoration 

25 and modernization of the Navy, $1,344,971,000. 
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1 FACILITIES SUSTAINMENT, RESTORATION AND

2 MODERNIZATION, MARINE CORPS

3 For expenses for facilities sustainment, restoration 

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

5 FACILITIES SUSTAINMENT, RESTORATION AND

6 MODERNIZATION, AIR FORCE

7 For expenses for facilities sustainment, restoration 

8 and modernization of the Air Force, $1,845,701,000. 

9 FACILITIES SUSTAINMENT, RESTORATION AND

10 MODERNIZATION, DEFENSE-WIDE

11 For expenses for facilities sustainment, restoration 

12 and modernization of the Department of Defense, 

13 $115,400,000. 

14 FACILITIES SUSTAINMENT, RESTORATION AND

15 MODERNIZATION, ARMY NATIONAL GUARD

16 For expenses for facilities sustainment, restoration 

17 and modernization of the Army National Guard, 

18 $391,544,000. 

19 FACILITIES SUSTAINMENT, RESTORATION AND

20 MODERNIZATION, AIR NATIONAL GUARD

21 For expenses for facilities sustainment, restoration 

22 and modernization of the Air National Guard, 

23 $184,791,000. 
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1 FACILITIES SUSTAINMENT, RESTORATION AND

2 MODERNIZATION, ARMY RESERVE

3 For expenses for facilities sustainment, restoration 

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

5 FACILITIES SUSTAINMENT, RESTORATION AND

6 MODERNIZATION, NAVAL RESERVE

7 For expenses for facilities sustainment, restoration 

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

9 FACILITIES SUSTAINMENT, RESTORATION AND

10 MODERNIZATION, MARINE CORPS RESERVE

11 For expenses for facilities sustainment, restoration 

12 and modernization of the Marine Corps Reserve, 

13 $10,105,000. 

14 FACILITIES SUSTAINMENT, RESTORATION AND

15 MODERNIZATION, AIR FORCE RESERVE

16 For expenses for facilities sustainment, restoration 

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

18 ENVIRONMENTAL RESTORATION, ARMY

19 (INCLUDING TRANSFER OF FUNDS)

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

21 remain available until transferred: Provided, That the Sec22 retary of the Army shall, upon determining that such 

23 funds are required for environmental restoration, reduc24 tion and recycling of hazardous waste, removal of unsafe 

25 buildings and debris of the Department of the Army, or 
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1 for similar purposes, transfer the funds made available by 

2 this appropriation to other appropriations made available 

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

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

5 time period as the appropriations to which transferred: 

6 Provided further, That upon a determination that all or 

7 part of the funds transferred from this appropriation are 

8 not necessary for the purposes provided herein, such 

9 amounts may be transferred back to this appropriation. 

10 ENVIRONMENTAL RESTORATION, NAVY

11 (INCLUDING TRANSFER OF FUNDS)

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

13 remain available until transferred: Provided, That the Sec14 retary of the Navy 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 Navy, 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 Navy, 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, AIR FORCE

4 (INCLUDING TRANSFER OF FUNDS)

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

6 to remain available until transferred: Provided, That the 

7 Secretary of the Air Force shall, upon determining that 

8 such funds are required for environmental restoration, re9 duction and recycling of hazardous waste, removal of un10 safe buildings and debris of the Department of the Air 

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

12 available by this appropriation to other appropriations 

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

14 merged with and to be available for the same purposes 

15 and for the same time period as the appropriations to 

16 which transferred: Provided further, That upon a deter17 mination that all or part of the funds transferred from 

18 this appropriation are not necessary for the purposes pro19 vided herein, such amounts may be transferred back to 

20 this appropriation. 

21 ENVIRONMENTAL RESTORATION, DEFENSE-WIDE

22 (INCLUDING TRANSFER OF FUNDS)

23 For the Department of Defense, $28,167,000, to re24 main available until transferred: Provided, That the Sec25 retary of Defense shall, upon determining that such funds 
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1 are required for environmental restoration, reduction and 

2 recycling of hazardous waste, removal of unsafe buildings 

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

4 purposes, transfer the funds made available by this appro5 priation to other appropriations made available to the De6 partment of Defense, to be merged with and to be avail7 able for the same purposes and for the same time period 

8 as the appropriations to which transferred: Provided fur9 ther, That upon a determination that all or part of the 

10 funds transferred from this appropriation are not nec11 essary for the purposes provided herein, such amounts 

12 may be transferred back to this appropriation. 

13 ENVIRONMENTAL RESTORATION, FORMERLY USED

14 DEFENSE SITES

15 (INCLUDING TRANSFER OF FUNDS)

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

17 remain available until transferred: Provided, That the Sec18 retary of the Army shall, upon determining that such 

19 funds are required for environmental restoration, reduc20 tion and recycling of hazardous waste, removal of unsafe 

21 buildings and debris at sites formerly used by the Depart22 ment of Defense, transfer the funds made available by this 

23 appropriation to other appropriations made available to 

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

25 be available for the same purposes and for the same time 
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1 period as the appropriations to which transferred: Pro2 vided further, That upon a determination that all or part 

3 of the funds transferred from this appropriation are not 

4 necessary for the purposes provided herein, such amounts 

5 may be transferred back to this appropriation. 

6 DEFENSE HEALTH PROGRAM

7 For expenses, not otherwise provided for, for medical 

8 and health care programs of the Department of Defense, 

9 as authorized by law, $19,983,912,000, of which 

10 $19,184,537,000 shall be for operation and maintenance, 

11 of which not to exceed 2 percent shall remain available 

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

13 $10,212,427,000 may be available for contracts entered 

14 into under the TRICARE program; of which 

15 $355,119,000, to remain available for obligation until Sep16 tember 30, 2008, shall be for procurement; and of which 

17 $444,256,000, to remain available for obligation until Sep18 tember 30, 2007, shall be for research, development, test 

19 and evaluation: Provided, That notwithstanding any other 

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

21 heading for research, development, test and evaluation, 

22 not less than $7,500,000 shall be available for HIV pre23 vention educational activities undertaken in connection 

24 with U.S. military training, exercises, and humanitarian 
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1 assistance activities conducted primarily in African na2 tions. 

3 ADMINISTRATIVE PROVISIONS

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

5 title shall be expended for payments under a cost-plus-a6 fixed-fee contract for construction, where cost estimates 

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

8 except Alaska, without the specific approval in writing of 

9 the Secretary of Defense setting forth the reasons there10 for. 

11 SEC. 102. Funds appropriated in this title for con12 struction shall be available for hire of passenger motor ve13 hicles. 

14 SEC. 103. Funds appropriated in this title for con15 struction may be used for advances to the Federal High16 way Administration, Department of Transportation, for 

17 the construction of access roads as authorized by section 

18 210 of title 23, United States Code, when projects author19 ized therein are certified as important to the national de20 fense by the Secretary of Defense. 

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

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

23 the United States for which specific appropriations have 

24 not been made. 
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1 SEC. 105. None of the funds made available in this 

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

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

4 the Army Corps of Engineers or the Naval Facilities Engi5 neering Command, except: (1) where there is a determina6 tion of value by a Federal court; (2) purchases negotiated 

7 by the Attorney General or the designee of the Attorney 

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

9 $25,000; or (4) as otherwise determined by the Secretary 

10 of Defense to be in the public interest. 

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

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

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

14 except housing for which funds have been made available 

15 in annual Acts making appropriations for military con16 struction. 

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

18 title for minor construction may be used to transfer or 

19 relocate any activity from one base or installation to an20 other, without prior notification to the Committees on Ap21 propriations of both Houses of Congress. 

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

23 title may be used for the procurement of steel for any con24 struction project or activity for which American steel pro-
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1 ducers, fabricators, and manufacturers have been denied 

2 the opportunity to compete for such steel procurement. 

3 SEC. 109. None of the funds available to the Depart4 ment of Defense for military construction or family hous5 ing during the current fiscal year may be used to pay real 

6 property taxes in any foreign nation. 

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

8 title may be used to initiate a new installation overseas 

9 without prior notification to the Committees on Appro10 priations of both Houses of Congress. 

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

12 title may be obligated for architect and engineer contracts 

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

14 projects to be accomplished in Japan, in any NATO mem15 ber country, or in countries bordering the Arabian Sea, 

16 unless such contracts are awarded to United States firms 

17 or United States firms in joint venture with host nation 

18 firms. 

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

20 title for military construction in the United States terri21 tories and possessions in the Pacific and on Kwajalein 

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

23 used to award any contract estimated by the Government 

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

25 That this section shall not be applicable to contract 
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1 awards for which the lowest responsive and responsible bid 

2 of a United States contractor exceeds the lowest respon3 sive and responsible bid of a foreign contractor by greater 

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

5 not apply to contract awards for military construction on 

6 Kwajalein Atoll for which the lowest responsive and re7 sponsible bid is submitted by a Marshallese contractor. 

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

9 appropriate committees of both Houses of Congress, in10 cluding the Committees on Appropriations, of the plans 

11 and scope of any proposed military exercise involving 

12 United States personnel 30 days prior to its occurring, 

13 if amounts expended for construction, either temporary or 

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

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

16 made available in this title which are limited for obligation 

17 during the current fiscal year shall be obligated during 

18 the last 2 months of the fiscal year. 

19 (TRANSFER OF FUNDS)

20 SEC. 115. Funds appropriated to the Department of 

21 Defense for construction in prior years shall be available 

22 for construction authorized for each such military depart23 ment by the authorizations enacted into law during the 

24 current session of Congress. 

25 SEC. 116. For military construction or family housing 

26 projects that are being completed with funds otherwise ex-
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1 pired or lapsed for obligation, expired or lapsed funds may 

2 be used to pay the cost of associated supervision, inspec3 tion, overhead, engineering and design on those projects 

4 and on subsequent claims, if any. 

5 SEC. 117. Notwithstanding any other provision of 

6 law, any funds appropriated to a military department or 

7 defense agency for the construction of military projects 

8 may be obligated for a military construction project or 

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

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

11 the fiscal year for which funds for such project were ap12 propriated if the funds obligated for such project: (1) are 

13 obligated from funds available for military construction 

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

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

16 such project is increased pursuant to law. 

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

18 Committees on Appropriations of both Houses of Congress 

19 with an annual report by February 15, containing details 

20 of the specific actions proposed to be taken by the Depart21 ment of Defense during the current fiscal year to encour22 age other member nations of the North Atlantic Treaty 

23 Organization, Japan, Korea, and United States allies bor24 dering the Arabian Sea to assume a greater share of the 
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1 common defense burden of such nations and the United 

2 States. 

3 (TRANSFER OF FUNDS)

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

5 available to the Department of Defense, proceeds depos6 ited to the Department of Defense Base Closure Account 

7 established by section 207(a)(1) of the Defense Authoriza8 tion Amendments and Base Closure and Realignment Act 

9 (10 U.S.C. 2687 note) pursuant to section 207(a)(2)(C) 

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

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

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

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

14 and the 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 Con18 gress, such additional amounts as may be determined by 

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

20 Department of Defense Family Housing Improvement 

21 Fund from amounts appropriated for construction in 

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

23 available for the same purposes and for the same period 

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

25 (2) the Department of Defense Military Unaccompanied 

26 Housing Improvement Fund from amounts appropriated 
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1 for construction of military unaccompanied housing in 

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

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

4 period of time as amounts appropriated directly to the 

5 Fund: Provided, That appropriations made available to 

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

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

8 1974, of direct loans or loan guarantees issued by the De9 partment of Defense pursuant to the provisions of sub10 chapter IV of chapter 169 of title 10, United States Code, 

11 pertaining to alternative means of acquiring and improv12 ing military family housing, military unaccompanied hous13 ing, and supporting facilities. 

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

15 title may be obligated for Partnership for Peace Programs 

16 in the New Independent States of the former Soviet 

17 Union. 

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

19 any solicitation for a contract with the private sector for 

20 military family housing the Secretary of the military de21 partment concerned shall submit to the Committees on 

22 Appropriations of both Houses of Congress the notice de23 scribed in subsection (b). 

24 (b)(1) A notice referred to in subsection (a) is a no25 tice of any guarantee (including the making of mortgage 
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1 or rental payments) proposed to be made by the Secretary 

2 to the private party under the contract involved in the 

3 event of— 

4 (A) the closure or realignment of the installa5 tion for which housing is provided under the con6 tract; 

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

8 such installation; or 

9 (C) the extended deployment overseas of units 

10 stationed at such installation. 

11 (2) Each notice under this subsection shall specify 

12 the nature of the guarantee involved and assess the extent 

13 and likelihood, if any, of the liability of the Federal Gov14 ernment with respect to the guarantee. 

15 (TRANSFER OF FUNDS)

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

17 available to the Department of Defense, amounts may be 

18 transferred from the account established by section 

19 2906(a)(1) of the Defense Base Closure and Realignment 

20 Act of 1990 (10 U.S.C. 2687 note), to the fund estab21 lished by section 1013(d) of the Demonstration Cities and 

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

23 to pay for expenses associated with the Homeowners As24 sistance Program. Any amounts transferred shall be 

25 merged with and be available for the same purposes and 

26 for the same time period as the fund to which transferred. 
26 

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1 SEC. 124. Notwithstanding this or any other provi2 sion of law, funds made available in this title for operation 

3 and maintenance of family housing shall be the exclusive 

4 source of funds for repair and maintenance of all family 

5 housing units, including general or flag officer quarters: 

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

7 spent annually for the maintenance and repair of any gen8 eral or flag officer quarters without 30 days prior notifica9 tion to the Committees on Appropriations of both Houses 

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

11 be submitted if the limitation is exceeded solely due to 

12 costs associated with environmental remediation that 

13 could not be reasonably anticipated at the time of the 

14 budget submission: Provided further, That the Under Sec15 retary of Defense (Comptroller) is to report annually to 

16 the Committees on Appropriations of both Houses of Con17 gress all operation and maintenance expenditures for each 

18 individual general or flag officer quarters for the prior fis19 cal year. 

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

21 title under the heading ‘‘North Atlantic Treaty Organiza22 tion Security Investment Program’’, and no funds appro23 priated for any fiscal year before fiscal year 2006 for that 

24 program that remain available for obligation, may be obli-
27 

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1 gated or expended for the conduct of studies of missile 

2 defense. 

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

4 other official of the Department of Defense is requested 

5 by the subcommittee on Military Quality of Life and Vet6 erans Affairs, and Related Agencies of the Committee on 

7 Appropriations of the House of Representatives or the 

8 subcommittee on Military Construction and Veterans Af9 fairs, and Related Agencies of the Committee on Appro10 priations of the Senate to respond to a question or inquiry 

11 submitted by the chairman or another member of that 

12 subcommittee pursuant to a subcommittee hearing or 

13 other activity, the Secretary (or other official) shall re14 spond to the request, in writing, within 21 days of the 

15 date on which the request is transmitted to the Secretary 

16 (or other official). 

17 SEC. 127. Amounts contained in the Ford Island Im18 provement Account established by subsection (h) of sec19 tion 2814 of title 10, United States Code, are appro20 priated and shall be available until expended for the pur21 poses specified in subsection (i)(1) of such section or until 

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

23 (TRANSFER OF FUNDS)

24 SEC. 128. During the 5-year period after appropria25 tions available to the Department of Defense for military 

26 construction and family housing operation and mainte-
28 

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1 nance and construction have expired for obligation, upon 

2 a determination that such appropriations will not be nec3 essary for the liquidation of obligations or for making au4 thorized adjustments to such appropriations for obliga5 tions incurred during the period of availability of such ap6 propriations, unobligated balances of such appropriations 

7 may be transferred into the appropriation, ‘‘Foreign Cur8 rency Fluctuations, Construction, Defense,’’ to be merged 

9 with and to be available for the same time period and for 

10 the same purposes as the appropriation to which trans11 ferred. 

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

13 available for the Civilian Health and Medical Program of 

14 the Uniformed Services (CHAMPUS) or TRICARE shall 

15 be available for the reimbursement of any health care pro16 vider for inpatient mental health service for care received 

17 when a patient is referred to a provider of inpatient men18 tal health care or residential treatment care by a medical 

19 or health care professional having an economic interest in 

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

21 this limitation does not apply in the case of inpatient men22 tal health services provided under the program for persons 

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

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

25 care, or provided pursuant to a waiver authorized by the 
29 

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1 Secretary of Defense because of medical or psychological 

2 circumstances of the patient that are confirmed by a 

3 health professional who is not a Federal employee after 

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

5 which takes into account the appropriate level of care for 

6 the patient, the intensity of services required by the pa7 tient, and the availability of that care. 

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

9 with the Secretary of Health and Human Services, may 

10 carry out a program to distribute surplus dental and med11 ical equipment of the Department of Defense, at no cost 

12 to the Department of Defense, to Indian Health Service 

13 facilities and to federally-qualified health centers (within 

14 the meaning of section 1905(l)(2)(B) of the Social Secu15 rity Act (42 U.S.C. 1396d(l)(2)(B))). 

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

17 title may be used to carry out a military construction 

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

19 military installation approved for closure in 2005 under 

20 the Defense Base Closure and Realignment Act of 1990 

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

22 2687 note), and the Secretary of Defense may not transfer 

23 funds appropriated for such a military construction 

24 project, land acquisition, or family housing project to an25 other account or use such funds for another purpose or 
30 

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1 project without the approval of the Committees on Appro2 priations of both Houses of Congress. 

3 SEC. 132. None of the funds in this title for oper4 ation, maintenance, or repair of housing for general offi5 cers and flag officers in the National Capital Region may 

6 be used until the Department of Defense submits the re7 port required by section 2802(c) of the Military Construc8 tion Authorization Act for Fiscal Year 2005. 

9 TITLE II 

10 DEPARTMENT OF VETERANS AFFAIRS 

11 VETERANS BENEFITS ADMINISTRATION

12 COMPENSATION AND PENSIONS

13 (INCLUDING TRANSFER OF FUNDS)

14 For the payment of compensation benefits to or on 

15 behalf of veterans and a pilot program for disability ex16 aminations as authorized by law (38 U.S.C. 107, chapters 

17 11, 13, 18, 51, 53, 55, and 61); pension benefits to or 

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

19 chapters 15, 51, 53, 55, and 61; 92 Stat. 2508); and bur20 ial benefits, emergency and other officers’ retirement pay, 

21 adjusted-service credits and certificates, payment of pre22 miums due on commercial life insurance policies guaran23 teed under the provisions of title IV of the Servicemembers 

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

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

26 and 2106, chapters 23, 51, 53, 55, and 61; 43 Stat. 122, 
31 

HR 2528 RFS 

1 123; 45 Stat. 735; 76 Stat. 1198), $33,412,879,000, to 

2 remain available until expended: Provided, That not to ex3 ceed $23,491,000 of the amount appropriated under this 

4 heading shall be reimbursed to ‘‘General operating ex5 penses’’ and ‘‘Medical services’’ for necessary expenses in 

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

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

8 which is specifically provided as the ‘‘Compensation and 

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

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

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

12 to augment the funding of individual medical facilities for 

13 nursing home care provided to pensioners as authorized. 

14 READJUSTMENT BENEFITS

15 For the payment of readjustment and rehabilitation 

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

17 (38 U.S.C. chapters 21, 30, 31, 34, 35, 36, 39, 51, 53, 

18 55, and 61), $3,214,246,000, to remain available until ex19 pended: Provided, That expenses for rehabilitation pro20 gram services and assistance which the Secretary is au21 thorized to provide under section 3104(a) of title 38, 

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

23 (2), (5), and (11) of that section, shall be charged to this 

24 account. 
32 

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1 VETERANS INSURANCE AND INDEMNITIES

2 For military and naval insurance, national service life 

3 insurance, servicemen’s indemnities, service-disabled vet4 erans insurance, and veterans mortgage life insurance as 

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

6 Stat. 487, $45,907,000, to remain available until ex7 pended. 

8 VETERANS HOUSING BENEFIT PROGRAM FUND

9 PROGRAM ACCOUNT

10 (INCLUDING TRANSFER OF FUNDS)

11 For the cost of direct and guaranteed loans, such 

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

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

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

15 as defined in section 502 of the Congressional Budget Act 

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

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

18 gross obligations for direct loans are authorized for spe19 cially adapted housing loans. 

20 In addition, for administrative expenses to carry out 

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

22 which may be transferred to and merged with the appro23 priation for ‘‘General operating expenses’’. 
33 

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1 VOCATIONAL REHABILITATION LOANS PROGRAM

2 ACCOUNT

3 (INCLUDING TRANSFER OF FUNDS)

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

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

6 That such costs, including the cost of modifying such 

7 loans, shall be as defined in section 502 of the Congres8 sional Budget Act of 1974: Provided further, That these 

9 funds under this heading are available to subsidize gross 

10 obligations for the principal amount of direct loans not 

11 to exceed $4,242,000. 

12 In addition, for administrative expenses necessary to 

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

14 be transferred to and merged with the appropriation for 

15 ‘‘General operating expenses’’. 

16 NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM

17 ACCOUNT

18 (INCLUDING TRANSFER OF FUNDS)

19 For administrative expenses to carry out the direct 

20 loan program authorized by subchapter V of chapter 37 

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

22 transferred to and merged with the appropriation for 

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

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

25 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 

4 guaranteed transitional housing loan program authorized 

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

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

7 by this Act for ‘‘General operating expenses’’ and ‘‘Med8 ical administration’’ may be expended. 

9 VETERANS HEALTH ADMINISTRATION

10 MEDICAL SERVICES

11 For necessary expenses for furnishing, as authorized 

12 by law, inpatient and outpatient care and treatment to 

13 beneficiaries of the Department of Veterans Affairs and 

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

15 States Code, including care and treatment in facilities not 

16 under the jurisdiction of the Department, and including 

17 medical supplies and equipment and salaries and expenses 

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

19 States Code, and aid to State homes as authorized by sec20 tion 1741 of title 38, United States Code; 

21 $20,995,141,000, plus reimbursements, of which not less 

22 than $2,200,000,000 shall be expended for specialty men23 tal health care: Provided, That of the funds made available 

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

25 available until September 30, 2007: Provided further, 
35 

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1 That, notwithstanding any other provision of law, the Sec2 retary of Veterans Affairs shall establish a priority for 

3 treatment for veterans who are service-connected disabled, 

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

5 That, notwithstanding any other provision of law, the Sec6 retary of Veterans Affairs shall give priority funding for 

7 the provision of basic medical benefits to veterans in en8 rollment priority groups 1 through 6: Provided further, 

9 That, notwithstanding any other provision of law, the Sec10 retary of Veterans Affairs may authorize the dispensing 

11 of prescription drugs from Veterans Health Administra12 tion facilities to enrolled veterans with privately written 

13 prescriptions based on requirements established by the 

14 Secretary: Provided further, That the implementation of 

15 the program described in the previous proviso shall incur 

16 no additional cost to the Department of Veterans Affairs: 

17 Provided further, That for the Department of Defense/De18 partment of Veterans Affairs Health Care Sharing Incen19 tive Fund, as authorized by section 721 of Public Law 

20 107–314, a minimum of $15,000,000, to remain available 

21 until expended, for the purposes authorized by section 

22 8111 of title 38, United States Code. 

23 MEDICAL ADMINISTRATION

24 For necessary expenses in the administration of the 

25 medical, hospital, nursing home, domiciliary, construction, 

26 supply, and research activities, as authorized by law; ad-
36 

HR 2528 RFS 

1 ministrative expenses in support of capital policy activi2 ties; information technology hardware and software; uni3 forms or allowances therefor, as authorized by sections 

4 5901–5902 of title 5, United States Code; administrative 

5 and legal expenses of the Department for collecting and 

6 recovering amounts owed the Department as authorized 

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

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

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

10 $250,000,000 shall be available until September 30, 2007. 

11 MEDICAL FACILITIES

12 For necessary expenses for the maintenance and op13 eration of hospitals, nursing homes, and domiciliary facili14 ties and other necessary facilities for the Veterans Health 

15 Administration; for administrative expenses in support of 

16 planning, design, project management, real property ac17 quisition and disposition, construction and renovation of 

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

19 Department; for oversight, engineering and architectural 

20 activities not charged to project costs; for repairing, alter21 ing, improving or providing facilities in the several hos22 pitals and homes under the jurisdiction of the Depart23 ment, not otherwise provided for, either by contract or by 

24 the hire of temporary employees and purchase of mate25 rials; for leases of facilities; and for laundry and food serv-
37 

HR 2528 RFS 

1 ices, $3,297,669,000, plus reimbursements, of which 

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

3 MEDICAL AND PROSTHETIC RESEARCH

4 For necessary expenses in carrying out programs of 

5 medical and prosthetic research and development as au6 thorized by chapter 73 of title 38, United States Code, 

7 to remain available until September 30, 2007, 

8 $393,000,000, plus reimbursements. 

9 DEPARTMENTAL ADMINISTRATION

10 GENERAL OPERATING EXPENSES

11 For necessary operating expenses of the Department 

12 of Veterans Affairs, not otherwise provided for, including 

13 administrative expenses in support of Department-wide 

14 capital planning, management and policy activities, uni15 forms or allowances therefor; not to exceed $25,000 for 

16 official reception and representation expenses; hire of pas17 senger motor vehicles; and reimbursement of the General 

18 Services Administration for security guard services, and 

19 the Department of Defense for the cost of overseas em20 ployee mail, $1,411,827,000: Provided, That expenses for 

21 services and assistance authorized under paragraphs (1), 

22 (2), (5), and (11) of section 3104(a) of title 38, United 

23 States Code, that the Secretary determines are necessary 

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

25 feasible, to become employable and to obtain and maintain 

26 suitable employment; or (2) to achieve maximum inde-
38 

HR 2528 RFS 

1 pendence in daily living, shall be charged to this account: 

2 Provided further, That the Veterans Benefits Administra3 tion shall be funded at not less than $1,086,938,000: Pro4 vided further, That of the funds made available under this 

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

6 obligation until September 30, 2007: Provided further, 

7 That from the funds made available under this heading, 

8 the Veterans Benefits Administration may purchase up to 

9 two passenger motor vehicles for use in operations of that 

10 Administration in Manila, Philippines. 

11 NATIONAL CEMETERY ADMINISTRATION

12 For necessary expenses of the National Cemetery Ad13 ministration for operations and maintenance, not other14 wise provided for, including uniforms or allowances there15 for; cemeterial expenses as authorized by law; purchase 

16 of one passenger motor vehicle for use in cemeterial oper17 ations; and hire of passenger motor vehicles, 

18 $156,447,000: Provided, That of the funds made available 

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

20 available until September 30, 2007. 

21 OFFICE OF INSPECTOR GENERAL

22 For necessary expenses of the Office of Inspector 

23 General in carrying out the provisions of the Inspector 

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

25 until September 30, 2007. 
39 

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1 CONSTRUCTION, MAJOR PROJECTS

2 For constructing, altering, extending and improving 

3 any of the facilities including parking projects under the 

4 jurisdiction or for the use of the Department of Veterans 

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

6 316, 2404, 2406, 8102, 8103, 8106, 8108, 8109, 8110, 

7 and 8122 of title 38, United States Code, including plan8 ning, architectural and engineering services, maintenance 

9 or guarantee period services costs associated with equip10 ment guarantees provided under the project, services of 

11 claims analysts, offsite utility and storm drainage system 

12 construction costs, and site acquisition, where the esti13 mated cost of a project is more than the amount set forth 

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

15 or where funds for a project were made available in a pre16 vious major project appropriation, $607,100,000, to re17 main available until expended, of which $532,010,000 

18 shall be for Capital Asset Realignment for Enhanced Serv19 ices (CARES) activities; and of which $8,091,000 shall 

20 be to make reimbursements as provided in section 13 of 

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

22 claims paid for contract disputes: Provided, That except 

23 for advance planning activities, including needs assess24 ments which may or may not lead to capital investments, 

25 and other capital asset management related activities, 
40 

HR 2528 RFS 

1 such as portfolio development and management activities, 

2 and investment strategy studies funded through the ad3 vance planning fund and the planning and design activities 

4 funded through the design fund and CARES funds, in5 cluding needs assessments which may or may not lead to 

6 capital investments, none of the funds appropriated under 

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

8 been approved by the Congress in the budgetary process: 

9 Provided further, That funds provided in this appropria10 tion for fiscal year 2006, for each approved project (except 

11 those for CARES activities referenced above) shall be obli12 gated: (1) by the awarding of a construction documents 

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

14 of a construction contract by September 30, 2007: Pro15 vided further, That the Secretary of Veterans Affairs shall 

16 promptly report in writing to the Committees on Appro17 priations of the House of Representatives and Senate any 

18 approved major construction project in which obligations 

19 are not incurred within the time limitations established 

20 above. 

21 CONSTRUCTION, MINOR PROJECTS

22 For constructing, altering, extending, and improving 

23 any of the facilities including parking projects under the 

24 jurisdiction or for the use of the Department of Veterans 

25 Affairs, including planning and assessments of needs 
41 

HR 2528 RFS 

1 which may lead to capital investments, architectural and 

2 engineering services, maintenance or guarantee period 

3 services costs associated with equipment guarantees pro4 vided under the project, services of claims analysts, offsite 

5 utility and storm drainage system construction costs, and 

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

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

8 8110, 8122, and 8162 of title 38, United States Code, 

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

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

11 38, United States Code, $208,937,000, to remain avail12 able until expended, along with unobligated balances of 

13 previous ‘‘Construction, minor projects’’ appropriations 

14 which are hereby made available for any project where the 

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

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

17 Asset Realignment for Enhanced Services (CARES) ac18 tivities: Provided, That funds in this account shall be 

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

20 under the jurisdiction or for the use of the Department 

21 which are necessary because of loss or damage caused by 

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

23 measures necessary to prevent or to minimize further loss 

24 by such causes. 
42 

HR 2528 RFS 

1 GRANTS FOR CONSTRUCTION OF STATE 

2 EXTENDED CARE FACILITIES 

3 For grants to assist States to acquire or construct 

4 State nursing home and domiciliary facilities and to re5 model, modify or alter existing hospital, nursing home and 

6 domiciliary facilities in State homes, for furnishing care 

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

8 38, United States Code, $25,000,000, to remain available 

9 until expended. 

10 GRANTS FOR THE CONSTRUCTION OF STATE 

11 VETERANS CEMETERIES 

12 For grants to aid States in establishing, expanding, 

13 or improving State veterans cemeteries as authorized by 

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

15 to remain available until expended. 

16 ADMINISTRATIVE PROVISIONS

17 (INCLUDING TRANSFER OF FUNDS)

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

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

20 and ‘‘Veterans insurance and indemnities’’ may be trans21 ferred to any other of the mentioned appropriations. 

22 SEC. 202. Appropriations available in this title for 

23 salaries and expenses shall be available for services au24 thorized by section 3109 of title 5, United States Code, 

25 hire of passenger motor vehicles; lease of a facility or land 
43 

HR 2528 RFS 

1 or both; and uniforms or allowances therefore, as author2 ized by sections 5901–5902 of such title. 

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

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

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

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

7 new hospital or home. 

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

9 available for hospitalization or examination of any persons 

10 (except beneficiaries entitled under the laws bestowing 

11 such benefits to veterans, and persons receiving such 

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

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

14 Emergency Assistance Act (42 U.S.C. 5121 et seq.)), un15 less reimbursement of cost is made to the ‘‘Medical serv16 ices’’ account at such rates as may be fixed by the Sec17 retary of Veterans Affairs. 

18 SEC. 205. Appropriations available in this title for 

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

20 and ‘‘Veterans insurance and indemnities’’ shall be avail21 able for payment of prior year accrued obligations re22 quired to be recorded by law against the corresponding 

23 prior year accounts within the last quarter of fiscal year 

24 2005. 
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1 SEC. 206. Appropriations available in this title shall 

2 be available to pay prior year obligations of corresponding 

3 prior year appropriations accounts resulting from sections 

4 3328(a), 3334, and 3712(a) of title 31, United States 

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

6 accounts they shall be payable from ‘‘Compensation and 

7 pensions’’. 

8 SEC. 207. Notwithstanding any other provision of 

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

10 Affairs shall, from the National Service Life Insurance 

11 Fund (38 U.S.C. 1920), the Veterans’ Special Life Insur12 ance Fund (38 U.S.C. 1923), and the United States Gov13 ernment Life Insurance Fund (38 U.S.C. 1955), reim14 burse the ‘‘General operating expenses’’ account for the 

15 cost of administration of the insurance programs financed 

16 through those accounts: Provided, That reimbursement 

17 shall be made only from the surplus earnings accumulated 

18 in an insurance program in fiscal year 2006 that are avail19 able for dividends in that program after claims have been 

20 paid and actuarially determined reserves have been set 

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

22 of an insurance program exceeds the amount of surplus 

23 earnings accumulated in that program, reimbursement 

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

25 Provided further, That the Secretary shall determine the 
45 

HR 2528 RFS 

1 cost of administration for fiscal year 2006 which is prop2 erly allocable to the provision of each insurance program 

3 and to the provision of any total disability income insur4 ance included in such insurance program. 

5 SEC. 208. Notwithstanding any other provision of 

6 law, the Department of Veterans Affairs shall continue the 

7 Franchise Fund pilot program authorized to be estab8 lished by section 403 of Public Law 103–356 until Octo9 ber 1, 2006: Provided, That the Franchise Fund, estab10 lished by title I of Public Law 104–204 to finance the 

11 operations of the Franchise Fund pilot program, shall con12 tinue until October 1, 2006. 

13 SEC. 209. Amounts deducted from enhanced-use 

14 lease proceeds to reimburse an account for expenses in15 curred by that account during a prior fiscal year for pro16 viding enhanced-use lease services, may be obligated dur17 ing the fiscal year in which the proceeds are received. 

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

19 salaries and other administrative expenses shall also be 

20 available to reimburse the Office of Resolution Manage21 ment and the Office of Employment Discrimination Com22 plaint Adjudication for all services provided at rates which 

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

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

25 the Office of Employment and Discrimination Complaint 
46 

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1 Adjudication: Provided, That payments may be made in 

2 advance for services to be furnished based on estimated 

3 costs: Provided further, That amounts received shall be 

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

5 office that provided the service. 

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

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

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

9 the Secretary submits a report which the Committees on 

10 Appropriations of the Congress approve within 30 days 

11 following the date on which the report is received. 

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

13 Affairs shall be available for hospital care, nursing home 

14 care, or medical services provided to any person under 

15 chapter 17 of title 38, United States Code, for a non-serv16 ice-connected disability described in section 1729(a)(2) of 

17 such title, unless that person has disclosed to the Sec18 retary of Veterans Affairs, in such form as the Secretary 

19 may require, current, accurate third-party reimbursement 

20 information for purposes of section 1729 of such title: Pro21 vided, That the Secretary may recover, in the same man22 ner as any other debt due the United States, the reason23 able charges for such care or services from any person who 

24 does not make such disclosure as required: Provided fur25 ther, That any amounts so recovered for care or services 
47 

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

2 Secretary during the fiscal year in which amounts are re3 ceived. 

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

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

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

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

8 SEC. 214. Notwithstanding any other provision of 

9 law, at the discretion of the Secretary of Veterans Affairs, 

10 proceeds or revenues derived from enhanced-use leasing 

11 activities (including disposal) may be deposited into the 

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

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

14 site acquisition and disposition), alterations and improve15 ments of any medical facility under the jurisdiction or for 

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

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

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

19 projects’’. 

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

21 services’’ are available— 

22 (1) for furnishing recreational facilities, sup23 plies, and equipment; and 
48 

HR 2528 RFS 

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

2 other expenses incidental to funerals and burials for 

3 beneficiaries receiving care in the Department. 

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

5 the Medical Care Collections Fund pursuant to section 

6 1729A of title 38, United States Code, may be transferred 

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

8 for the purposes of this account. 

9 SEC. 217. Amounts made available for fiscal year 

10 2006 under the ‘‘Medical services’’, ‘‘Medical administra11 tion’’, and ‘‘Medical facilities’’ accounts may be trans12 ferred between the accounts to the extent necessary to im13 plement the restructuring of the Veterans Health Admin14 istration accounts after notice of the amount and purpose 

15 of the transfer is provided to the Committees on Appro16 priations of the Senate and House of Representatives and 

17 a period of 30 days has elapsed: Provided, That the limita18 tion on transfers is 20 percent in fiscal year 2006. 

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

20 the Veterans Benefits Administration made available 

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

22 transferred to the ‘‘Veterans Housing Benefit Program 

23 Fund Program Account’’ for the purpose of providing 

24 funds for the nationwide property management contract 
49 

HR 2528 RFS 

1 if the administrative costs of such contract exceed 

2 $8,800,000 in the budget year. 

3 SEC. 219. Notwithstanding any other provision of 

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

5 allow veterans eligible under existing VA Medical Care re6 quirements and who reside in Alaska to obtain medical 

7 care services from medical facilities supported by the In8 dian Health Services or tribal organizations. The Sec9 retary shall: (1) limit the application of this provision to 

10 rural Alaskan veterans in areas where an existing VA fa11 cility or VA-contracted service is unavailable; (2) require 

12 participating veterans and facilities to comply with all ap13 propriate rules and regulations, as established by the Sec14 retary; (3) require this provision to be consistent with 

15 CARES; and (4) result in no additional cost to the De16 partment of Veterans Affairs or the Indian Health Serv17 ice. 

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

19 the Department of Veterans Affairs Capital Asset Fund 

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

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

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

23 available until expended for the purposes of these ac24 counts. 
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1 SEC. 221. None of the funds available to the Depart2 ment of Veterans Affairs in this Act, or any other Act, 

3 may be used by the Department of Veterans Affairs to 

4 implement a national standardized contract for diabetes 

5 monitoring systems. 

6 TITLE III 

7 RELATED AGENCIES 

8 AMERICAN BATTLE MONUMENTS COMMISSION

9 SALARIES AND EXPENSES

10 For necessary expenses, not otherwise provided for, 

11 of the American Battle Monuments Commission, including 

12 the acquisition of land or interest in land in foreign coun13 tries; purchases and repair of uniforms for caretakers of 

14 national cemeteries and monuments outside of the United 

15 States and its territories and possessions; rent of office 

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

17 replacement only) and hire of passenger motor vehicles; 

18 not to exceed $7,500 for official reception and representa19 tion expenses; and insurance of official motor vehicles in 

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

21 $35,750,000, to remain available until expended. 

22 FOREIGN CURRENCY FLUCTUATIONS ACCOUNT

23 For necessary expenses, not otherwise provided for, 

24 of the American Battle Monuments Commission, 

25 $15,250,000, to remain available until expended, for pur-
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1 poses authorized by section 2109 of title 36, United States 

2 Code. 

3 UNITED STATES COURT OF APPEALS FOR VETERANS

4 CLAIMS

5 SALARIES AND EXPENSES

6 For necessary expenses for the operation of the 

7 United States Court of Appeals for Veterans Claims as 

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

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

10 available for the purpose of providing financial assistance 

11 as described, and in accordance with the process and re12 porting procedures set forth, under this heading in Public 

13 Law 102–229. 

14 DEPARTMENT OF DEFENSE—CIVIL

15 CEMETERIAL EXPENSES, ARMY

16 SALARIES AND EXPENSES

17 For necessary expenses, as authorized by law, for 

18 maintenance, operation, and improvement of Arlington 

19 National Cemetery and Soldiers’ and Airmen’s Home Na20 tional Cemetery, including the purchase of two passenger 

21 motor vehicles for replacement only, and not to exceed 

22 $1,000 for official reception and representation expenses, 

23 $29,550,000, to remain available until expended. In addi24 tion, such sums as may be necessary for parking mainte25 nance, repairs and replacement, to be derived from the 
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1 Lease of Department of Defense Real Property for De2 fense Agencies account. 

3 ARMED FORCES RETIREMENT HOME

4 For expenses necessary for the Armed Forces Retire5 ment Home to operate and maintain the Armed Forces 

6 Retirement Home—Washington and the Armed Forces 

7 Retirement Home—Gulfport, to be paid from funds avail8 able in the Armed Forces Retirement Home Trust Fund, 

9 $58,281,000, of which $1,248,000 shall remain available 

10 until expended for construction and renovation of the 

11 physical plants at the Armed Forces Retirement Home— 

12 Washington and the Armed Forces Retirement Home— 

13 Gulfport. 

14 TITLE IV 

15 GENERAL PROVISIONS 

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

17 this Act shall remain available for obligation beyond the 

18 current fiscal year unless expressly so provided herein. 

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

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

21 reimbursement for payment of the salary of a consultant 

22 (whether retained by the Federal Government or a grant23 ee) at more than the daily equivalent of the rate paid for 

24 level IV of the Executive Schedule, unless specifically au25 thorized by law. 
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1 SEC. 403. Such sums as may be necessary for fiscal 

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

3 be absorbed within the levels appropriated in this Act. 

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

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

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

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

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

9 law relating to risk assessment, the protection of private 

10 property rights, or unfunded mandates. 

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

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

13 other than for normal and recognized executive-legislative 

14 relationships, for publicity or propaganda purposes, and 

15 for the preparation, distribution or use of any kit, pam16 phlet, booklet, publication, radio, television or film presen17 tation designed to support or defeat legislation pending 

18 before Congress, except in presentation to Congress itself. 

19 SEC. 406. All departments and agencies funded under 

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

21 statutory authorities and funding, to expand their use of 

22 ‘‘E-Commerce’’ technologies and procedures in the con23 duct of their business practices and public service activi24 ties. 
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1 SEC. 407. None of the funds made available in this 

2 Act may be transferred to any department, agency, or in3 strumentality of the United States Government except 

4 pursuant to a transfer made by, or transfer authority pro5 vided in, this Act or any other appropriations Act. 

6 SEC. 408. Unless stated otherwise, all reports and no7 tifications required by this Act shall be submitted to the 

8 Subcommittee on Military Quality of Life and Veterans 

9 Affairs, and Related Agencies of the Committee on Appro10 priations of the House of Representatives and the Sub11 committee on Military Construction and Veterans Affairs, 

12 and Related Agencies of the Committee on Appropriations 

13 of the Senate. 

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

15 Act may be used to close or realign any military installa16 tion approved for closure or realignment in 2005 before 

17 the Secretary of Defense makes the information available 

18 upon which the Secretary’s closure and realignment rec19 ommendations were based, as required by section 

20 2903(c)(4) of the Defense Base Closure and Realignment 

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

22 U.S.C. 2687 note). 
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1 This Act may be cited as the ‘‘Military Quality of 

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

Passed the House of Representatives May 26, 2005. 

Attest: JEFF TRANDAHL, 

Clerk.