II 

Calendar No. 207 

110TH CONGRESS 

1ST SESSION H. R. 2642 

IN THE SENATE OF THE UNITED STATES 

JUNE 18, 2007 

Received; read twice and placed on the calendar 

AN ACT 

Making appropriations for military construction, the Department of Veterans Affairs, and related agencies for the 

fiscal year ending September 30, 2008, and for other 

purposes. 

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

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for 

5 military construction, the Department of Veterans Affairs, 

6 and related agencies for the fiscal year ending September 

7 30, 2008, and for other purposes, namely: 


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1 TITLE I 

2 DEPARTMENT OF DEFENSE 

3 MILITARY CONSTRUCTION, ARMY

4 For acquisition, construction, installation, and equip5 ment of temporary or permanent public works, military 

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

7 currently authorized by law, including personnel in the 

8 Army Corps of Engineers and other personal services nec9 essary for the purposes of this appropriation, and for con10 struction and operation of facilities in support of the func11 tions of the Commander in Chief, $4,070,959,000, to re12 main available until September 30, 2012: Provided, That 

13 of this amount, not to exceed $481,468,000 shall be avail14 able for study, planning, design, architect and engineer 

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

16 unless the Secretary of Defense determines that additional 

17 obligations are necessary for such purposes and notifies 

18 the Committees on Appropriations of both Houses of Con19 gress of the determination and the reasons therefor. 

20 MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

21 (INCLUDING RESCISSION OF FUNDS)

22 For acquisition, construction, installation, and equip23 ment of temporary or permanent public works, naval in24 stallations, facilities, and real property for the Navy and 

25 Marine Corps as currently authorized by law, including 


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1 personnel in the Naval Facilities Engineering Command 

2 and other personal services necessary for the purposes of 

3 this appropriation, $2,125,138,000, to remain available 

4 until September 30, 2012: Provided, That of this amount, 

5 not to exceed $110,167,000 shall be available for study, 

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

7 authorized by law, unless the Secretary of Defense deter8 mines that additional obligations are necessary for such 

9 purposes and notifies the Committees on Appropriations 

10 of both Houses of Congress of the determination and the 

11 reasons therefor: Provided further, That of the funds ap12 propriated for ‘‘Military Construction, Navy and Marine 

13 Corps’’ under Public Law 108–132, $5,862,000 are here14 by rescinded. 

15 MILITARY CONSTRUCTION, AIR FORCE

16 (INCLUDING RESCISSION OF FUNDS)

17 For acquisition, construction, installation, and equip18 ment of temporary or permanent public works, military 

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

20 as currently authorized by law, $927,428,000, to remain 

21 available until September 30, 2012: Provided, That of this 

22 amount, not to exceed $51,587,000 shall be available for 

23 study, planning, design, and architect and engineer serv24 ices, as authorized by law, unless the Secretary of Defense 

25 determines that additional obligations are necessary for 


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1 such purposes and notifies the Committees on Appropria2 tions of both Houses of Congress of the determination and 

3 the reasons therefor: Provided further, That of the funds 

4 appropriated for ‘‘Military Construction, Air Force’’ under 

5 Public Law 108–324, $5,319,000 are hereby rescinded. 

6 MILITARY CONSTRUCTION, DEFENSE-WIDE

7 (INCLUDING TRANSFER AND RESCISSION OF FUNDS)

8 For acquisition, construction, installation, and equip9 ment of temporary or permanent public works, installa10 tions, facilities, and real property for activities and agen11 cies of the Department of Defense (other than the military 

12 departments), as currently authorized by law, 

13 $1,806,928,000, to remain available until September 30, 

14 2012: Provided, That such amounts of this appropriation 

15 as may be determined by the Secretary of Defense may 

16 be transferred to such appropriations of the Department 

17 of Defense available for military construction or family 

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

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

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

21 transferred: Provided further, That of the amount appro22 priated, not to exceed $154,728,000 shall be available for 

23 study, planning, design, and architect and engineer serv24 ices, as authorized by law, unless the Secretary of Defense 

25 determines that additional obligations are necessary for 


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1 such purposes and notifies the Committees on Appropria2 tions of both Houses of Congress of the determination and 

3 the reasons therefor: Provided further, That of the funds 

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

5 under Public Law 110–5, $7,592,000 are hereby re6 scinded. 

7 MILITARY CONSTRUCTION, ARMY NATIONAL GUARD

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

12 United States Code, and Military Construction Authoriza13 tion Acts, $439,291,000, to remain available until Sep14 tember 30, 2012. 

15 MILITARY CONSTRUCTION, AIR NATIONAL GUARD

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

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

20 States Code, and Military Construction Authorization 

21 Acts, $95,517,000, to remain available until September 

22 30, 2012. 

23 MILITARY CONSTRUCTION, ARMY RESERVE

24 For construction, acquisition, expansion, rehabilita25 tion, and conversion of facilities for the training and adVerDate Aug 31 2005 05:14 Jun 19, 2007 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2642.PCS H2642

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1 ministration of the Army Reserve as authorized by chapter 

2 1803 of title 10, United States Code, and Military Con3 struction Authorization Acts, $154,684,000, to remain 

4 available until September 30, 2012. 

5 MILITARY CONSTRUCTION, NAVY RESERVE

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

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

10 United States Code, and Military Construction Authoriza11 tion Acts, $69,150,000, to remain available until Sep12 tember 30, 2012. 

13 MILITARY CONSTRUCTION, AIR FORCE RESERVE

14 (INCLUDING RESCISSION OF FUNDS)

15 For construction, acquisition, expansion, rehabilita16 tion, and conversion of facilities for the training and ad17 ministration of the Air Force Reserve as authorized by 

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

19 Construction Authorization Acts, $39,628,000, to remain 

20 available until September 30, 2012: Provided, That of the 

21 funds appropriated for ‘‘Military Construction, Air Force 

22 Reserve’’ under Public Law 109–114, $3,069,000 are 

23 hereby rescinded. 


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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, $201,400,000, 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 $419,400,000, to remain available until September 30, 

17 2012. 

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, $742,920,000. 


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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, $298,329,000, to remain available until 

7 September 30, 2012. 

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, $371,404,000. 

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 $362,747,000, to remain available until September 30, 

20 2012. 

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 $688,335,000. 

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 $48,848,000. 

10 DEPARTMENT OF DEFENSE FAMILY HOUSING

11 IMPROVEMENT FUND

12 For the Department of Defense Family Housing Im13 provement Fund, $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 CHEMICAL DEMILITARIZATION CONSTRUCTION, 

19 DEFENSE-WIDE

20 (INCLUDING TRANSFER OF FUNDS)

21 For expenses of construction, not otherwise provided 

22 for, necessary for the destruction of the United States 

23 stockpile of lethal chemical agents and munitions in ac24 cordance with the provisions of section 1412 of the De25 partment of Defense Authorization Act, 1986 (50 U.S.C. 


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1 1521), and for the destruction of other chemical warfare 

2 materials that are not in the chemical weapon stockpile, 

3 as currently authorized by law, $86,176,000, to remain 

4 available until September 30, 2012: Provided, That such 

5 amounts of this appropriation as may be determined by 

6 the Secretary of Defense may be transferred to such ap7 propriations of the Department of Defense available for 

8 military construction as the Secretary may designate, to 

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

10 and for the same time period, as the appropriation to 

11 which transferred. 

12 DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT

13 1990 

14 For deposit into the Department of Defense Base 

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

16 of the Defense Base Closure and Realignment Act of 1990 

17 (10 U.S.C. 2687 note), $270,689,000, to remain available 

18 until expended. 

19 DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT

20 2005 

21 For deposit into the Department of Defense Base 

22 Closure Account 2005, established by section 2906A(a)(1) 

23 of the Defense Base Closure and Realignment Act of 1990 

24 (10 U.S.C. 2687 note), $8,174,315,000, to remain avail25 able until expended. 


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1 ADMINISTRATIVE PROVISIONS

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

3 title shall be expended for payments under a cost-plus-a4 fixed-fee contract for construction, where cost estimates 

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

6 except Alaska, without the specific approval in writing of 

7 the Secretary of Defense setting forth the reasons there8 for. 

9 SEC. 102. Funds made available in this title for con10 struction shall be available for hire of passenger motor ve11 hicles. 

12 SEC. 103. Funds made available in this title for con13 struction may be used for advances to the Federal High14 way Administration, Department of Transportation, for 

15 the construction of access roads as authorized by section 

16 210 of title 23, United States Code, when projects author17 ized therein are certified as important to the national de18 fense by the Secretary of Defense. 

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

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

21 the United States for which specific appropriations have 

22 not been made. 

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

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

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


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1 the Army Corps of Engineers or the Naval Facilities Engi2 neering Command, except: (1) where there is a determina3 tion of value by a Federal court; (2) purchases negotiated 

4 by the Attorney General or the designee of the Attorney 

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

6 $25,000; or (4) as otherwise determined by the Secretary 

7 of Defense to be in the public interest. 

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

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

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

11 except housing for which funds have been made available 

12 in annual Acts making appropriations for military con13 struction. 

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

15 title for minor construction may be used to transfer or 

16 relocate any activity from one base or installation to an17 other, without prior notification to the Committees on Ap18 propriations of both Houses of Congress. 

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

20 title may be used for the procurement of steel for any con21 struction project or activity for which American steel pro22 ducers, fabricators, and manufacturers have been denied 

23 the opportunity to compete for such steel procurement. 

24 SEC. 109. None of the funds available to the Depart25 ment of Defense for military construction or family housVerDate Aug 31 2005 05:14 Jun 19, 2007 Jkt 059200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H2642.PCS H2642

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1 ing during the current fiscal year may be used to pay real 

2 property taxes in any foreign nation. 

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

4 title may be used to initiate a new installation overseas 

5 without prior notification to the Committees on Appro6 priations of both Houses of Congress. 

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

8 title may be obligated for architect and engineer contracts 

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

10 projects to be accomplished in Japan, in any North Atlan11 tic Treaty Organization member country, or in countries 

12 bordering the Arabian Sea, unless such contracts are 

13 awarded to United States firms or United States firms 

14 in joint venture with host nation firms. 

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

16 title for military construction in the United States terri17 tories and possessions in the Pacific and on Kwajalein 

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

19 used to award any contract estimated by the Government 

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

21 That this section shall not be applicable to contract 

22 awards for which the lowest responsive and responsible bid 

23 of a United States contractor exceeds the lowest respon24 sive and responsible bid of a foreign contractor by greater 

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


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1 not apply to contract awards for military construction on 

2 Kwajalein Atoll for which the lowest responsive and re3 sponsible bid is submitted by a Marshallese contractor. 

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

5 appropriate committees of both Houses of Congress, in6 cluding the Committees on Appropriations, of the plans 

7 and scope of any proposed military exercise involving 

8 United States personnel 30 days prior to its occurring, 

9 if amounts expended for construction, either temporary or 

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

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

12 made available in this title which are limited for obligation 

13 during the current fiscal year shall be obligated during 

14 the last two months of the fiscal year. 

15 (INCLUDING TRANSFER OF FUNDS)

16 SEC. 115. Funds appropriated to the Department of 

17 Defense for construction in prior years shall be available 

18 for construction authorized for each such military depart19 ment by the authorizations enacted into law during the 

20 current session of Congress. 

21 SEC. 116. For military construction or family housing 

22 projects that are being completed with funds otherwise ex23 pired or lapsed for obligation, expired or lapsed funds may 

24 be used to pay the cost of associated supervision, inspec25 tion, overhead, engineering and design on those projects 

26 and on subsequent claims, if any. 


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1 SEC. 117. Notwithstanding any other provision of 

2 law, any funds made available to a military department 

3 or defense agency for the construction of military projects 

4 may be obligated for a military construction project or 

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

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

7 the fiscal year for which funds for such project were made 

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

9 obligated from funds available for military construction 

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

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

12 such project is increased pursuant to law. 

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

14 Committees on Appropriations of both Houses of Congress 

15 with an annual report by February 15, containing details 

16 of the specific actions proposed to be taken by the Depart17 ment of Defense during the current fiscal year to encour18 age other member nations of the North Atlantic Treaty 

19 Organization, Japan, Korea, and United States allies bor20 dering the Arabian Sea to assume a greater share of the 

21 common defense burden of such nations and the United 

22 States. 

23 (INCLUDING TRANSFER OF FUNDS)

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

25 available to the Department of Defense, proceeds depos26 ited to the Department of Defense Base Closure Account 


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1 established by section 207(a)(1) of the Defense Authoriza2 tion Amendments and Base Closure and Realignment Act 

3 (10 U.S.C. 2687 note) pursuant to section 207(a)(2)(C) 

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

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

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

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

8 and the same time period as that account. 

9 (INCLUDING TRANSFER OF FUNDS)

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

11 Committees on Appropriations of both Houses of Con12 gress, such additional amounts as may be determined by 

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

14 Department of Defense Family Housing Improvement 

15 Fund from amounts appropriated for construction in 

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

17 available for the same purposes and for the same period 

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

19 (2) the Department of Defense Military Unaccompanied 

20 Housing Improvement Fund from amounts appropriated 

21 for construction of military unaccompanied housing in 

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

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

24 period of time as amounts appropriated directly to the 

25 Fund: Provided, That appropriations made available to 

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


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

2 1974, of direct loans or loan guarantees issued by the De3 partment of Defense pursuant to the provisions of sub4 chapter IV of chapter 169 of title 10, United States Code, 

5 pertaining to alternative means of acquiring and improv6 ing military family housing, military unaccompanied hous7 ing, and supporting facilities. 

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

9 title may be obligated for Partnership for Peace Programs 

10 in the New Independent States of the former Soviet 

11 Union. 

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

13 any solicitation for a contract with the private sector for 

14 military family housing the Secretary of the military de15 partment concerned shall submit to the Committees on 

16 Appropriations of both Houses of Congress the notice de17 scribed in subsection (b). 

18 (b)(1) A notice referred to in subsection (a) is a no19 tice of any guarantee (including the making of mortgage 

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

21 to the private party under the contract involved in the 

22 event of— 

23 (A) the closure or realignment of the installa24 tion for which housing is provided under the con25 tract; 


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

2 such installation; or 

3 (C) the extended deployment overseas of units 

4 stationed at such installation. 

5 (2) Each notice under this subsection shall specify 

6 the nature of the guarantee involved and assess the extent 

7 and likelihood, if any, of the liability of the Federal Gov8 ernment with respect to the guarantee. 

9 (INCLUDING TRANSFER OF FUNDS)

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

11 available to the Department of Defense, amounts may be 

12 transferred from the accounts established by sections 

13 2906(a)(1) and 2906A(a)(1) of the Defense Base Closure 

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

15 the fund established by section 1013(d) of the Demonstra16 tion Cities and Metropolitan Development Act of 1966 (42 

17 U.S.C. 3374) to pay for expenses associated with the 

18 Homeowners Assistance Program. Any amounts trans19 ferred shall be merged with and be available for the same 

20 purposes and for the same time period as the fund to 

21 which transferred. 

22 SEC. 124. Notwithstanding this or any other provi23 sion of law, funds made available in this title for operation 

24 and maintenance of family housing shall be the exclusive 

25 source of funds for repair and maintenance of all family 

26 housing units, including general or flag officer quarters: 


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

2 spent annually for the maintenance and repair of any gen3 eral or flag officer quarters without 30 days prior notifica4 tion to the Committees on Appropriations of both Houses 

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

6 be submitted if the limitation is exceeded solely due to 

7 costs associated with environmental remediation that 

8 could not be reasonably anticipated at the time of the 

9 budget submission: Provided further, That the Under Sec10 retary of Defense (Comptroller) is to report annually to 

11 the Committees on Appropriations of both Houses of Con12 gress all operation and maintenance expenditures for each 

13 individual general or flag officer quarters for the prior fis14 cal year. 

15 SEC. 125. Whenever the Secretary of Defense or any 

16 other official of the Department of Defense is requested 

17 by the subcommittee on Military Construction, Veterans 

18 Affairs, and Related Agencies of the Committee on Appro19 priations of the House of Representatives or the sub20 committee on Military Construction, Veterans Affairs, and 

21 Related Agencies of the Committee on Appropriations of 

22 the Senate to respond to a question or inquiry submitted 

23 by the chairman or another member of that subcommittee 

24 pursuant to a subcommittee hearing or other activity, the 

25 Secretary (or other official) shall respond to the request, 


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1 in writing, within 21 days of the date on which the request 

2 is transmitted to the Secretary (or other official). 

3 SEC. 126. Amounts contained in the Ford Island Im4 provement Account established by subsection (h) of sec5 tion 2814 of title 10, United States Code, are appro6 priated and shall be available until expended for the pur7 poses specified in subsection (i)(1) of such section or until 

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

9 SEC. 127. None of the funds made available in this 

10 title, or in any Act making appropriations for military con11 struction which remain available for obligation, may be ob12 ligated or expended to carry out a military construction, 

13 land acquisition, or family housing project at or for a mili14 tary installation approved for closure, or at a military in15 stallation for the purposes of supporting a function that 

16 has been approved for realignment to another installation, 

17 in 2005 under the Defense Base Closure and Realignment 

18 Act of 1990 (part A of title XXIX of Public Law 101– 

19 510; 10 U.S.C. 2687 note), unless such a project at a mili20 tary installation approved for realignment will support a 

21 continuing mission or function at that installation or a 

22 new mission or function that is planned for that installa23 tion, or unless the Secretary of Defense certifies that the 

24 cost to the United States of carrying out such project 

25 would be less than the cost to the United States of cancelVerDate Aug 31 2005 05:14 Jun 19, 2007 Jkt 059200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H2642.PCS H2642

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1 ling such project, or if the project is at an active compo2 nent base that shall be established as an enclave or in the 

3 case of projects having multi-agency use, that another 

4 Government agency has indicated it will assume ownership 

5 of the completed project. The Secretary of Defense may 

6 not transfer funds made available as a result of this limi7 tation from any military construction project, land acquisi8 tion, or family housing project to another account or use 

9 such funds for another purpose or project without the 

10 prior approval of the Committees on Appropriations of 

11 both Houses of Congress. This section shall not apply to 

12 military construction projects, land acquisition, or family 

13 housing projects for which the project is vital to the na14 tional security or the protection of health, safety, or envi15 ronmental quality: Provided, That the Secretary of De16 fense shall notify the congressional defense committees 

17 within seven days of a decision to carry out such a military 

18 construction project. 

19 (INCLUDING TRANSFER OF FUNDS)

20 SEC. 128. During the 5-year period after appropria21 tions available in this Act to the Department of Defense 

22 for military construction and family housing operation and 

23 maintenance and construction have expired for obligation, 

24 upon a determination that such appropriations will not be 

25 necessary for the liquidation of obligations or for making 

26 authorized adjustments to such appropriations for obligaVerDate Aug 31 2005 05:14 Jun 19, 2007 Jkt 059200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H2642.PCS H2642

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1 tions incurred during the period of availability of such ap2 propriations, unobligated balances of such appropriations 

3 may be transferred into the appropriation ‘‘Foreign Cur4 rency Fluctuations, Construction, Defense’’, to be merged 

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

6 the same purposes as the appropriation to which trans7 ferred. 

8 SEC. 129. None of the funds in this title shall be used 

9 for any activity related to the construction of an Outlying 

10 Landing Field in Washington County, North Carolina. 

11 TITLE II 

12 DEPARTMENT OF VETERANS AFFAIRS 

13 VETERANS BENEFITS ADMINISTRATION

14 COMPENSATION AND PENSIONS

15 (INCLUDING TRANSFER OF FUNDS)

16 For the payment of compensation benefits to or on 

17 behalf of veterans and a pilot program for disability ex18 aminations as authorized by section 107 and chapters 11, 

19 13, 18, 51, 53, 55, and 61 of title 38, United States Code; 

20 pension benefits to or on behalf of veterans as authorized 

21 by chapters 15, 51, 53, 55, and 61 of title 38, United 

22 States Code; and burial benefits, the Reinstated Entitle23 ment Program for Survivors, emergency and other offi24 cers’ retirement pay, adjusted-service credits and certifi25 cates, payment of premiums due on commercial life insur26 ance policies guaranteed under the provisions of title IV 


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

2 541 et seq.) and for other benefits as authorized by sec3 tions 107, 1312, 1977, and 2106, and chapters 23, 51, 

4 53, 55, and 61 of title 38, United States Code, 

5 $41,236,322,000, to remain available until expended: Pro6 vided, That not to exceed $25,033,000 of the amount ap7 propriated under this heading shall be reimbursed to 

8 ‘‘General operating expenses’’ and ‘‘Medical administra9 tion’’ for necessary expenses in implementing the provi10 sions of chapters 51, 53, and 55 of title 38, United States 

11 Code, the funding source for which is specifically provided 

12 as the ‘‘Compensation and pensions’’ appropriation: Pro13 vided further, That such sums as may be earned on an 

14 actual qualifying patient basis, shall be reimbursed to 

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

16 of individual medical facilities for nursing home care pro17 vided to pensioners as authorized. 

18 READJUSTMENT BENEFITS

19 For the payment of readjustment and rehabilitation 

20 benefits to or on behalf of veterans as authorized by chap21 ters 21, 30, 31, 34, 35, 36, 39, 51, 53, 55, and 61 of 

22 title 38, United States Code, $3,300,289,000, to remain 

23 available until expended: Provided, That expenses for re24 habilitation program services and assistance which the 

25 Secretary is authorized to provide under subsection (a) of 

26 section 3104 of title 38, United States Code, other than 


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1 under paragraphs (1), (2), (5), and (11) of that sub2 section, shall be charged to this account. 

3 VETERANS INSURANCE AND INDEMNITIES

4 For military and naval insurance, national service life 

5 insurance, servicemen’s indemnities, service-disabled vet6 erans insurance, and veterans mortgage life insurance as 

7 authorized by title 38, United States Code, chapters 19 

8 and 21, $41,250,000, to remain available until expended. 

9 VETERANS HOUSING BENEFIT PROGRAM FUND PROGRAM

10 ACCOUNT

11 (INCLUDING TRANSFER OF FUNDS)

12 For the cost of direct and guaranteed loans, such 

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

14 authorized by subchapters I through III of chapter 37 of 

15 title 38, United States Code: Provided, That such costs, 

16 including the cost of modifying such loans, shall be as de17 fined in section 502 of the Congressional Budget Act of 

18 1974: Provided further, That during fiscal year 2008, 

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

20 gross obligations for direct loans are authorized for spe21 cially adapted housing loans. 

22 In addition, for administrative expenses to carry out 

23 the direct and guaranteed loan programs, $154,562,000, 

24 which may be transferred to and merged with the appro25 priation for ‘‘General operating expenses’’. 


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1 VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT

2 (INCLUDING TRANSFER OF FUNDS)

3 For the cost of direct loans, $71,000, as authorized 

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

5 That such costs, including the cost of modifying such 

6 loans, shall be as defined in section 502 of the Congres7 sional Budget Act of 1974: Provided further, That funds 

8 made available under this heading are available to sub9 sidize gross obligations for the principal amount of direct 

10 loans not to exceed $3,287,000. 

11 In addition, for administrative expenses necessary to 

12 carry out the direct loan program, $311,000, which may 

13 be transferred to and merged with the appropriation for 

14 ‘‘General operating expenses’’. 

15 NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM

16 ACCOUNT

17 (INCLUDING TRANSFER OF FUNDS)

18 For administrative expenses to carry out the direct 

19 loan program authorized by subchapter V of chapter 37 

20 of title 38, United States Code, $628,000, which may be 

21 transferred to and merged with the appropriation for 

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

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

24 2008. 


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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 (INCLUDING TRANSFER OF FUNDS)

12 For necessary expenses for furnishing, as authorized 

13 by law, inpatient and outpatient care and treatment to 

14 beneficiaries of the Department of Veterans Affairs and 

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

16 States Code, including care and treatment in facilities not 

17 under the jurisdiction of the Department, and including 

18 medical supplies and equipment, food services, and sala19 ries and expenses of health-care employees hired under 

20 title 38, United States Code, and aid to State homes as 

21 authorized by section 1741 of title 38, United States Code; 

22 $28,906,400,000 (increased by $125,000,000), plus reim23 bursements, of which not less than $2,900,000,000 shall 

24 be expended for specialty mental health care; not less than 

25 $130,000,000 shall be expended for the homeless grants 

26 and per diem program; not less than $428,873,754 shall 


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1 be expended for the substance abuse program; and not less 

2 than $100,275,000 shall be expended for blind rehabilita3 tion services: Provided, That of the funds made available 

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

5 available until September 30, 2009: Provided further, 

6 That, notwithstanding any other provision of law, the Sec7 retary of Veterans Affairs shall establish a priority for the 

8 provision of medical treatment for veterans who have serv9 ice-connected disabilities, lower income, or have special 

10 needs: Provided further, That, notwithstanding any other 

11 provision of law, the Secretary of Veterans Affairs shall 

12 give priority funding for the provision of basic medical 

13 benefits to veterans in enrollment priority groups 1 

14 through 6: Provided further, That, notwithstanding any 

15 other provision of law, the Secretary of Veterans Affairs 

16 may authorize the dispensing of prescription drugs from 

17 Veterans Health Administration facilities to enrolled vet18 erans with privately written prescriptions based on re19 quirements established by the Secretary: Provided further, 

20 That the implementation of the program described in the 

21 previous proviso shall incur no additional cost to the De22 partment of Veterans Affairs: Provided further, That for 

23 the DOD–VA Health Care Sharing Incentive Fund, as au24 thorized by section 8111(d) of title 38, United States 

25 Code, a minimum of $15,000,000, to remain available 


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1 until expended, for any purpose authorized by section 

2 8111 of title 38, United States Code. 

3 MEDICAL ADMINISTRATION

4 For necessary expenses in the administration of the 

5 medical, hospital, nursing home, domiciliary, construction, 

6 supply, and research activities, as authorized by law; ad7 ministrative expenses in support of capital policy activi8 ties; and administrative and legal expenses of the Depart9 ment for collecting and recovering amounts owed the De10 partment as authorized under chapter 17 of title 38, 

11 United States Code, and the Federal Medical Care Recov12 ery Act (42 U.S.C. 2651 et seq.); $3,635,600,000 (in13 creased by $5,000,000) (reduced by $5,000,000) (reduced 

14 by $125,000,000), plus reimbursements, of which 

15 $250,000,000 shall be available until September 30, 2009. 

16 MEDICAL FACILITIES

17 For necessary expenses for the maintenance and op18 eration of hospitals, nursing homes, and domiciliary facili19 ties, and other necessary facilities of the Veterans Health 

20 Administration; for administrative expenses in support of 

21 planning, design, project management, real property ac22 quisition and disposition, construction, and renovation of 

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

24 Department; for oversight, engineering, and architectural 

25 activities not charged to project costs; for repairing, alter26 ing, improving, or providing facilities in the several hosVerDate Aug 31 2005 05:14 Jun 19, 2007 Jkt 059200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H2642.PCS H2642

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1 pitals and homes under the jurisdiction of the Depart2 ment, not otherwise provided for, either by contract or by 

3 the hire of temporary employees and purchase of mate4 rials; for leases of facilities; and for laundry services, 

5 $4,100,000,000, plus reimbursements, of which 

6 $250,000,000 shall be available until September 30, 2009: 

7 Provided, That $300,000,000 for non-recurring mainte8 nance provided under this heading shall be allocated in 

9 a manner not subject to the Veterans Equitable Resource 

10 Allocation. 

11 MEDICAL AND PROSTHETIC RESEARCH

12 For necessary expenses in carrying out programs of 

13 medical and prosthetic research and development as au14 thorized by chapter 73 of title 38, United States Code, 

15 $480,000,000, plus reimbursements, to remain available 

16 until September 30, 2009. 

17 DEPARTMENTAL ADMINISTRATION

18 GENERAL OPERATING EXPENSES

19 For necessary operating expenses of the Department 

20 of Veterans Affairs, not otherwise provided for, including 

21 administrative expenses in support of Department-Wide 

22 capital planning, management and policy activities, uni23 forms, or allowances therefor; not to exceed $25,000 for 

24 official reception and representation expenses; hire of pas25 senger motor vehicles; and reimbursement of the General 

26 Services Administration for security guard services and 


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1 the Department of Defense for the cost of overseas em2 ployee mail, $1,598,500,000: Provided, That expenses for 

3 services and assistance authorized under paragraphs (1), 

4 (2), (5), and (11) of section 3104(a) of title 38, United 

5 States Code, that the Secretary of Veterans Affairs deter6 mines are necessary to enable entitled veterans: (1) to the 

7 maximum extent feasible, to become employable and to ob8 tain and maintain suitable employment; or (2) to achieve 

9 maximum independence in daily living, shall be charged 

10 to this account: Provided further, That the Veterans Bene11 fits Administration shall be funded at not less than 

12 $1,324,957,000: Provided further, That of the funds made 

13 available under this heading, not to exceed $75,000,000 

14 shall be available for obligation until September 30, 2009: 

15 Provided further, That from the funds made available 

16 under this heading, the Veterans Benefits Administration 

17 may purchase (on a one-for-one replacement basis only) 

18 up to two passenger motor vehicles for use in operations 

19 of that Administration in Manila, Philippines: Provided 

20 further, That of the funds made available under this head21 ing, $2,000,000 is for the Advisory Committee on Women 

22 Veterans under section 542 of title 38, United States 

23 Code. 

24 INFORMATION TECHNOLOGY SYSTEMS

25 For necessary expenses for information technology 

26 systems and telecommunications support, including develVerDate Aug 31 2005 05:14 Jun 19, 2007 Jkt 059200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\H2642.PCS H2642

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1 opmental information systems and operational information 

2 systems and pay and associated cost for operations and 

3 maintenance associated staff; for the capital asset acquisi4 tion of information technology systems, including manage5 ment and related contractual costs of said acquisitions, in6 cluding contractual costs associated with operations au7 thorized by chapter 3109 of title 5, United States Code, 

8 $1,859,217,000, to remain available until September 30, 

9 2009: Provided, That none of these funds may be obli10 gated until the Secretary of Veterans Affairs submits to 

11 the Committees on Appropriations of both Houses of Con12 gress, and such Committees approve, a plan for expendi13 ture that: (1) meets the capital planning and investment 

14 control review requirements established by the Office of 

15 Management and Budget; (2) complies with the Depart16 ment of Veterans Affairs enterprise architecture; (3) con17 forms with an established enterprise life cycle method18 ology; and (4) complies with the acquisition rules, require19 ments, guidelines, and systems acquisition management 

20 practices of the Federal Government: Provided further, 

21 That within 30 days of the date of the enactment of this 

22 Act, the Secretary of Veterans Affairs shall submit to the 

23 Committees on Appropriations of both Houses of Congress 

24 a reprogramming base letter which provides, by project, 

25 the costs included in this appropriation. 


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1 NATIONAL CEMETERY ADMINISTRATION

2 For necessary expenses of the National Cemetery Ad3 ministration for operations and maintenance, not other4 wise provided for, including uniforms or allowances there5 for; cemeterial expenses as authorized by law; purchase 

6 of one passenger motor vehicle for use in cemeterial oper7 ations; and hire of passenger motor vehicles, 

8 $170,000,000, of which not to exceed $7,800,000 shall be 

9 available until September 30, 2009. 

10 OFFICE OF INSPECTOR GENERAL

11 For necessary expenses of the Office of Inspector 

12 General in carrying out the provisions of the Inspector 

13 General Act of 1978 (5 U.S.C. App.), $76,500,000, of 

14 which $3,630,000 shall remain available until September 

15 30, 2009. 

16 CONSTRUCTION, MAJOR PROJECTS

17 For constructing, altering, extending, and improving 

18 any of the facilities, including parking projects, under the 

19 jurisdiction or for the use of the Department of Veterans 

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

21 316, 2404, 2406, 8102, 8103, 8106, 8108, 8109, 8110, 

22 and 8122 of title 38, United States Code, including plan23 ning, architectural and engineering services, construction 

24 management services, maintenance or guarantee period 

25 services costs associated with equipment guarantees pro26 vided under the project, services of claims analysts, offsite 


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1 utility and storm drainage system construction costs, and 

2 site acquisition, where the estimated cost of a project is 

3 more than the amount set forth in section 8104(a)(3)(A) 

4 of title 38, United States Code, or where funds for a 

5 project were made available in a previous major project 

6 appropriation, $1,410,800,000, to remain available until 

7 expended, of which $2,000,000 shall be to make reim8 bursements as provided in section 13 of the Contract Dis9 putes Act of 1978 (41 U.S.C. 612) for claims paid for 

10 contract disputes: Provided, That except for advance plan11 ning activities, including needs assessments which may or 

12 may not lead to capital investments, and other capital 

13 asset management related activities, including portfolio 

14 development and management activities, and investment 

15 strategy studies funded through the advance planning 

16 fund and the planning and design activities funded 

17 through the design fund, including needs assessments 

18 which may or may not lead to capital investments, none 

19 of the funds appropriated under this heading shall be used 

20 for any project which has not been approved by the Con21 gress in the budgetary process: Provided further, That 

22 funds provided in this appropriation for fiscal year 2008, 

23 for each approved project shall be obligated: (1) by the 

24 awarding of a construction documents contract by Sep25 tember 30, 2008; and (2) by the awarding of a construcVerDate Aug 31 2005 05:14 Jun 19, 2007 Jkt 059200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\H2642.PCS H2642

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1 tion contract by September 30, 2009: Provided further, 

2 That the Secretary of Veterans Affairs shall promptly sub3 mit to the Committees on Appropriations of both Houses 

4 of Congress a written report on any approved major con5 struction project for which obligations are not incurred 

6 within the time limitations established above: Provided 

7 further, That none of the funds appropriated in this or 

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

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

10 the Capital Asset Realignment for Enhanced Services 

11 (CARES) list requiring further study, as specified by the 

12 Secretary of Veterans Affairs, without prior approval of 

13 the Committees on Appropriations of both Houses of Con14 gress. 

15 CONSTRUCTION, MINOR PROJECTS

16 For constructing, altering, extending, and improving 

17 any of the facilities, including parking projects, under the 

18 jurisdiction or for the use of the Department of Veterans 

19 Affairs, including planning and assessments of needs 

20 which may lead to capital investments, architectural and 

21 engineering services, maintenance or guarantee period 

22 services costs associated with equipment guarantees pro23 vided under the project, services of claims analysts, offsite 

24 utility and storm drainage system construction costs, and 

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

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


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1 8110, 8122, and 8162 of title 38, United States Code, 

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

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

4 38, United States Code, $615,000,000, to remain avail5 able until expended, along with unobligated balances of 

6 previous ‘‘Construction, minor projects’’ appropriations 

7 which are hereby made available for any project where the 

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

9 in such section: Provided, That funds in this account shall 

10 be available for: (1) repairs to any of the nonmedical facili11 ties under the jurisdiction or for the use of the Depart12 ment which are necessary because of loss or damage 

13 caused by any natural disaster or catastrophe; and (2) 

14 temporary measures necessary to prevent or to minimize 

15 further loss by such causes: Provided further, That within 

16 30 days of enactment of this Act, the Secretary of Vet17 erans Affairs shall submit to the Committees on Appro18 priations of both Houses of Congress a reprogramming 

19 base letter which provides, by project, the costs included 

20 in this appropriation. 

21 GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE

22 FACILITIES

23 For grants to assist States to acquire or construct 

24 State nursing home and domiciliary facilities and to re25 model, modify, or alter existing hospital, nursing home, 

26 and domiciliary facilities in State homes, for furnishing 


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1 care to veterans as authorized by sections 8131 through 

2 8137 of title 38, United States Code, $165,000,000, to 

3 remain available until expended. 

4 GRANTS FOR THE CONSTRUCTION OF STATE VETERANS

5 CEMETERIES

6 For grants to assist States in establishing, expand7 ing, or improving State veterans cemeteries as authorized 

8 by section 2408 of title 38, United States Code, 

9 $37,000,000, to remain available until expended. 

10 ADMINISTRATIVE PROVISIONS

11 (INCLUDING TRANSFER OF FUNDS)

12 SEC. 201. Any appropriation for fiscal year 2008 for 

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

14 and ‘‘Veterans insurance and indemnities’’ may be trans15 ferred as necessary to any other of the mentioned appro16 priations: Provided, That before a transfer may take place, 

17 the Secretary of Veterans Affairs shall request from the 

18 Committees on Appropriations of both Houses of Congress 

19 the authority to make the transfer and such Committees 

20 issue an approval, or absent a response, a period of 30 

21 days has elapsed. 

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 

26 or both; and uniforms or allowances therefore, as authorVerDate Aug 31 2005 05:14 Jun 19, 2007 Jkt 059200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\H2642.PCS H2642

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1 ized by sections 5901 through 5902 of title 5, United 

2 States Code. 

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 to such hospitalization or ex11 amination under the laws providing such benefits to vet12 erans, and persons receiving such treatment under sec13 tions 7901 through 7904 of title 5, United States Code, 

14 or the Robert T. Stafford Disaster Relief and Emergency 

15 Assistance Act (42 U.S.C. 5121 et seq.)), unless reim16 bursement of the cost of such hospitalization or examina17 tion is made to the ‘‘Medical services’’ account at such 

18 rates as may be fixed by the Secretary of Veterans Affairs. 

19 SEC. 205. Appropriations available in this title for 

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

21 and ‘‘Veterans insurance and indemnities’’ shall be avail22 able for payment of prior year accrued obligations re23 quired to be recorded by law against the corresponding 

24 prior year accounts within the last quarter of fiscal year 

25 2007. 


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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 only from ‘‘Compensation 

7 and pensions’’. 

8 (INCLUDING TRANSFER OF FUNDS)

9 SEC. 207. Notwithstanding any other provision of 

10 law, during fiscal year 2008, the Secretary of Veterans 

11 Affairs shall, from the National Service Life Insurance 

12 Fund (38 U.S.C. 1920), the Veterans’ Special Life Insur13 ance Fund (38 U.S.C. 1923), and the United States Gov14 ernment Life Insurance Fund (38 U.S.C. 1955), reim15 burse the ‘‘General operating expenses’’ account for the 

16 cost of administration of the insurance programs financed 

17 through those accounts: Provided, That reimbursement 

18 shall be made only from the surplus earnings accumulated 

19 in such an insurance program during fiscal year 2008 that 

20 are available for dividends in that program after claims 

21 have been paid and actuarially determined reserves have 

22 been set aside: Provided further, That if the cost of admin23 istration of such an insurance program exceeds the 

24 amount of surplus earnings accumulated in that program, 

25 reimbursement shall be made only to the extent of such 

26 surplus earnings: Provided further, That the Secretary 


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1 shall determine the cost of administration for fiscal year 

2 2008 which is properly allocable to the provision of each 

3 such insurance program and to the provision of any total 

4 disability income insurance included in that insurance pro5 gram. 

6 SEC. 208. Amounts deducted from enhanced-use 

7 lease proceeds to reimburse an account for expenses in8 curred by that account during a prior fiscal year for pro9 viding enhanced-use lease services, may be obligated dur10 ing the fiscal year in which the proceeds are received. 

11 (INCLUDING TRANSFER OF FUNDS)

12 SEC. 209. Funds available in this title or funds for 

13 salaries and other administrative expenses shall also be 

14 available to reimburse the Office of Resolution Manage15 ment of the Department of Veterans Affairs and the Of16 fice of Employment Discrimination Complaint Adjudica17 tion under section 319 of title 38, United States Code, 

18 for all services provided at rates which will recover actual 

19 costs but not exceed $32,067,000 for the Office of Resolu20 tion Management and $3,148,000 for the Office of Em21 ployment and Discrimination Complaint Adjudication: 

22 Provided, That payments may be made in advance for 

23 services to be furnished based on estimated costs: Provided 

24 further, That amounts received shall be credited to ‘‘Gen25 eral operating expenses’’ for use by the office that pro26 vided the service. 


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1 SEC. 210. No appropriations in this title shall be 

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

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

4 the Secretary submits a report which the Committees on 

5 Appropriations of both Houses of Congress approve within 

6 30 days following the date on which the report is received. 

7 SEC. 211. No funds of the Department of Veterans 

8 Affairs shall be available for hospital care, nursing home 

9 care, or medical services provided to any person under 

10 chapter 17 of title 38, United States Code, for a non-serv11 ice-connected disability described in section 1729(a)(2) of 

12 such title, unless that person has disclosed to the Sec13 retary of Veterans Affairs, in such form as the Secretary 

14 may require, current, accurate third-party reimbursement 

15 information for purposes of section 1729 of such title: Pro16 vided, That the Secretary may recover, in the same man17 ner as any other debt due the United States, the reason18 able charges for such care or services from any person who 

19 does not make such disclosure as required: Provided fur20 ther, That any amounts so recovered for care or services 

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

22 Secretary during the fiscal year in which amounts are re23 ceived. 

24 (INCLUDING TRANSFER OF FUNDS)

25 SEC. 212. Notwithstanding any other provision of 

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


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1 proceeds or revenues derived from enhanced-use leasing 

2 activities (including disposal) may be deposited into the 

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

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

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

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

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

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

10 projects’’. 

11 SEC. 213. Amounts made available under ‘‘Medical 

12 services’’ are available— 

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

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

16 other expenses incidental to funerals and burials for 

17 beneficiaries receiving care in the Department. 

18 (INCLUDING TRANSFER OF FUNDS)

19 SEC. 214. Such sums as may be deposited to the 

20 Medical Care Collections Fund pursuant to section 1729A 

21 of title 38, United States Code, may be transferred to 

22 ‘‘Medical services’’, to remain available until expended for 

23 the purposes of that account. 

24 SEC. 215. Notwithstanding any other provision of 

25 law, the Secretary of Veterans Affairs shall allow veterans 

26 who are eligible under existing Department of Veterans 


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1 Affairs medical care requirements and who reside in Alas2 ka to obtain medical care services from medical facilities 

3 supported by the Indian Health Service or tribal organiza4 tions. The Secretary shall: (1) limit the application of this 

5 provision to rural Alaskan veterans in areas where an ex6 isting Department of Veterans Affairs facility or Veterans 

7 Affairs-contracted service is unavailable; (2) require par8 ticipating veterans and facilities to comply with all appro9 priate rules and regulations, as established by the Sec10 retary; (3) require this provision to be consistent with 

11 Capital Asset Realignment for Enhanced Services activi12 ties; and (4) result in no additional cost to the Department 

13 of Veterans Affairs or the Indian Health Service. 

14 (INCLUDING TRANSFER OF FUNDS)

15 SEC. 216. Such sums as may be deposited to the De16 partment of Veterans Affairs Capital Asset Fund pursu17 ant to section 8118 of title 38, United States Code, may 

18 be transferred to the ‘‘Construction, major projects’’ and 

19 ‘‘Construction, minor projects’’ accounts, to remain avail20 able until expended for the purposes of these accounts. 

21 SEC. 217. None of the funds available to the Depart22 ment of Veterans Affairs, in this or any other Act, may 

23 be used to replace the current system by which the Vet24 erans Integrated Service Networks select and contract for 

25 diabetes monitoring supplies and equipment. 


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1 SEC. 218. None of the funds made available in this 

2 Act may be used to implement any policy prohibiting the 

3 Directors of the Veterans Integrated Service Networks 

4 from conducting outreach or marketing to enroll new vet5 erans within their respective Networks. 

6 SEC. 219. The Secretary of Veterans Affairs shall 

7 submit to the Committees on Appropriations of both 

8 Houses of Congress a quarterly report on the financial 

9 status of the Veterans Health Administration. 

10 SEC. 220. Amounts made available for the ‘‘Informa11 tion technology systems’’ account may be reprogrammed 

12 between projects: Provided, That no project may be in13 creased or decreased by more than $1,000,000 of cost be14 fore the Secretary submits to the Committees on Appro15 priations of both Houses of Congress a reprogramming re16 quest and the Committees issue an approval, or absent 

17 a response, a period of 30 days has elapsed. 

18 (INCLUDING TRANSFER OF FUNDS)

19 SEC. 221. Any balances in prior year accounts estab20 lished for the payment of benefits under the Reinstated 

21 Entitlement Program for Survivors shall be transferred to 

22 and merged with amounts available under the ‘‘Compensa23 tion and pensions’’ account, and receipts that would other24 wise be credited to the accounts established for the pay25 ment of benefits under the Reinstated Entitlement Pro26 gram for Survivors program shall be credited to amounts 


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1 available under the ‘‘Compensation and pensions’’ ac2 count. 

3 SEC. 222. Amounts made available for the ‘‘Con4 struction, minor projects’’ account may be reprogrammed 

5 between projects: Provided, That no project may be in6 creased or decreased by more than $1,000,000 of cost be7 fore the Secretary submits to the Committees on Appro8 priations of both Houses of Congress a reprogramming re9 quest and the Committees issue an approval, or absent 

10 a response, a period of 30 days has elapsed. 

11 TITLE III 

12 RELATED AGENCIES 

13 AMERICAN BATTLE MONUMENTS COMMISSION

14 SALARIES AND EXPENSES

15 For necessary expenses, not otherwise provided for, 

16 of the American Battle Monuments Commission, including 

17 the acquisition of land or interest in land in foreign coun18 tries; purchases and repair of uniforms for caretakers of 

19 national cemeteries and monuments outside of the United 

20 States and its territories and possessions; rent of office 

21 and garage space in foreign countries; purchase (one-for22 one replacement basis only) and hire of passenger motor 

23 vehicles; not to exceed $7,500 for official reception and 

24 representation expenses; and insurance of official motor 

25 vehicles in foreign countries, when required by law of such 


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1 countries, $43,470,000, to remain available until ex2 pended. 

3 FOREIGN CURRENCY FLUCTUATIONS ACCOUNT

4 For necessary expenses, not otherwise provided for, 

5 of the American Battle Monuments Commission, 

6 $11,000,000, to remain available until expended, for pur7 poses authorized by section 2109 of title 36, United States 

8 Code. 

9 UNITED STATES COURT OF APPEALS FOR VETERANS

10 CLAIMS

11 SALARIES AND EXPENSES

12 For necessary expenses for the operation of the 

13 United States Court of Appeals for Veterans Claims as 

14 authorized by sections 7251 through 7298 of title 38, 

15 United States Code, $21,397,000, of which $1,300,000 

16 shall be available for the purpose of providing financial 

17 assistance as described, and in accordance with the proc18 ess and reporting procedures set forth, under this heading 

19 in Public Law 102–229. 

20 DEPARTMENT OF DEFENSE—CIVIL

21 CEMETERIAL EXPENSES, ARMY

22 SALARIES AND EXPENSES

23 For necessary expenses, as authorized by law, for 

24 maintenance, operation, and improvement of Arlington 

25 National Cemetery and Soldiers’ and Airmen’s Home Na26 tional Cemetery, including the purchase of two passenger 


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1 motor vehicles for replacement only, and not to exceed 

2 $1,000 for official reception and representation expenses, 

3 $30,592,000, to remain available until expended. In addi4 tion, such sums as may be necessary for parking mainte5 nance, repairs and replacement, to be derived from the 

6 Lease of Department of Defense Real Property for De7 fense Agencies account. 

8 ARMED FORCES RETIREMENT HOME

9 TRUST FUND

10 For expenses necessary for the Armed Forces Retire11 ment Home to operate and maintain the Armed Forces 

12 Retirement Home—Washington, District of Columbia and 

13 the Armed Forces Retirement Home—Gulfport, Mis14 sissippi, to be paid from funds available in the Armed 

15 Forces Retirement Home Trust Fund, $55,724,000. 

16 ARMED FORCES RETIREMENT HOME

17 FEDERAL FUND PAYMENT

18 For payment to the ‘‘Armed Forces Retirement 

19 Home’’, $800,000, to remain available until expended. 

20 TITLE IV 

21 GENERAL PROVISIONS 

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

23 this Act shall remain available for obligation beyond the 

24 current fiscal year unless expressly so provided herein. 


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1 SEC. 402. Such sums as may be necessary for fiscal 

2 year 2008 pay raises for programs funded by this Act shall 

3 be absorbed within the levels appropriated in this Act. 

4 SEC. 403. 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. 404. 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. 405. All departments and agencies funded under 

20 this Act are directed, within the limits of the existing stat21 utory authorities and funding, to expand their use of ‘‘E22 Commerce’’ technologies and procedures in the conduct of 

23 their business practices and public service activities. 

24 SEC. 406. None of the funds made available in this 

25 Act may be transferred to any department, agency, or inVerDate Aug 31 2005 05:14 Jun 19, 2007 Jkt 059200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\H2642.PCS H2642

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1 strumentality of the United States Government except 

2 pursuant to a transfer made by, or transfer authority pro3 vided in, this or any other appropriations Act. 

4 SEC. 407. Unless stated otherwise, all reports and no5 tifications required by this Act shall be submitted to the 

6 Subcommittee on Military Construction, Veterans Affairs, 

7 and Related Agencies of the Committee on Appropriations 

8 of the House of Representatives and the Subcommittee on 

9 Military Construction, Veterans Affairs, and Related 

10 Agencies of the Committee on Appropriations of the Sen11 ate. 

12 SEC. 408. The Director of the Congressional Budget 

13 Office shall, not later than February 1, 2008, submit to 

14 the Committees on Appropriations of the House of Rep15 resentatives and the Senate a report projecting annual ap16 propriations necessary for the Department of Veterans Af17 fairs to continue providing necessary health care to vet18 erans for fiscal years 2009 through 2012. 

19 SEC. 409. None of the funds made available in this 

20 Act may be used to purchase light bulbs unless the light 

21 bulbs have the ‘‘ENERGY STAR’’ designation. 

22 SEC. 410. None of the funds appropriated or other23 wise made available in this Act may be used for any action 

24 that is related to or promotes the expansion of the boundVerDate Aug 31 2005 05:14 Jun 19, 2007 Jkt 059200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\H2642.PCS H2642

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1 aries or size of the Pinon Canyon Maneuver Site in south2 eastern Colorado. 

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

4 and Veterans Affairs Appropriations Act, 2008’’. 

Passed the House of Representatives June 15, 2007. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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Calendar No. 207 

110TH CONGRESS 

1ST SESSION H. R. 2642 

AN ACT 

Making appropriations for military construction, 

2008, and for other purposes. agencies for the fiscal year ending September 30, the Department of Veterans Affairs, and related 

JUNE 18, 2007 

Received; read twice and placed on the calendar 


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