PUBLIC LAW 109–114—NOV. 30, 2005

MILITARY QUALITY OF LIFE AND VETERANS

AFFAIRS APPROPRIATIONS ACT, 2006

119 STAT. 2372 PUBLIC LAW 109–114—NOV. 30, 2005

Public Law 109–114

109th Congress

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Public Law 107–249, $3,046,000 are hereby rescinded: Provided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rescinded.

Military Quality

of Life and

Veterans Affairs

Appropriations

Act, 2006.

Nov. 30, 2005

[H.R. 2528]

PUBLIC LAW 109–114—NOV. 30, 2005 119 STAT. 2373

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

Notification.

Notification.

119 STAT. 2374 PUBLIC LAW 109–114—NOV. 30, 2005

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.

Notification.

PUBLIC LAW 109–114—NOV. 30, 2005 119 STAT. 2375

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.

119 STAT. 2376 PUBLIC LAW 109–114—NOV. 30, 2005

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),

Reports. $1,504,466,000, to remain available until expended: Provided, That

PUBLIC LAW 109–114—NOV. 30, 2005 119 STAT. 2377

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

Contracts.

Notification.

Notification.

Contracts.

119 STAT. 2378 PUBLIC LAW 109–114—NOV. 30, 2005

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

Reports.

Deadline.

10 USC 2860

note.

Notification.

Deadline.

Contracts.

PUBLIC LAW 109–114—NOV. 30, 2005 119 STAT. 2379

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,

Deadline.

Contracts.

Notice.

Deadline.

Notification.

119 STAT. 2380 PUBLIC LAW 109–114—NOV. 30, 2005

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.

Deadline.

Reports.

10 USC 2821

note.

PUBLIC LAW 109–114—NOV. 30, 2005 119 STAT. 2381

(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

Deadlines.

Reports.

Reports.

Deadlines.

Certification.

119 STAT. 2382 PUBLIC LAW 109–114—NOV. 30, 2005

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.

PUBLIC LAW 109–114—NOV. 30, 2005 119 STAT. 2383

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.

119 STAT. 2384 PUBLIC LAW 109–114—NOV. 30, 2005

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

PUBLIC LAW 109–114—NOV. 30, 2005 119 STAT. 2385

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.

119 STAT. 2386 PUBLIC LAW 109–114—NOV. 30, 2005

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

Deadline.

Notification.

PUBLIC LAW 109–114—NOV. 30, 2005 119 STAT. 2387

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.

Reports.

Contracts.

Deadlines.

119 STAT. 2388 PUBLIC LAW 109–114—NOV. 30, 2005

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

PUBLIC LAW 109–114—NOV. 30, 2005 119 STAT. 2389

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

Contracts.

Reports.

Deadline.

119 STAT. 2390 PUBLIC LAW 109–114—NOV. 30, 2005

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

Alaska.

PUBLIC LAW 109–114—NOV. 30, 2005 119 STAT. 2391

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

Reports.

Reports.

119 STAT. 2392 PUBLIC LAW 109–114—NOV. 30, 2005

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.

PUBLIC LAW 109–114—NOV. 30, 2005 119 STAT. 2393

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

Termination

date.

38 USC 2011

note.

119 STAT. 2394 PUBLIC LAW 109–114—NOV. 30, 2005

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

PUBLIC LAW 109–114—NOV. 30, 2005 119 STAT. 2395

LEGISLATIVE HISTORY—H.R. 2528:

HOUSE REPORTS: Nos. 109–95 (Comm. on Appropriations) and 109–305 (Comm.

of Conference).

SENATE REPORTS: No. 109–105 (Comm. on Appropriations).

CONGRESSIONAL RECORD, Vol. 151 (2005):

May 26, considered and passed House.

Sept. 22, considered and passed Senate, amended.

Nov. 18, House and Senate agreed to conference report.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 41 (2005):

Nov. 30, Presidential statement.

Æ

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’’.

Approved November 30, 2005.

Effective date.

Ante, p. 2336.