IB 

109TH CONGRESS 

2D SESSION H. R. 5385 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 14, 2006 

Ordered to be printed with the amendment of the Senate 

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

AN ACT 

Making appropriations for the 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, 2007, 

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 the 

5 military quality of life functions of the Department of De6 fense, military construction, the Department of Veterans 

7 Affairs, and related agencies for the fiscal year ending 

8 September 30, 2007, and for other purposes, namely: 


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1 TITLE I 

2 DEPARTMENT OF DEFENSE 

3 MILITARY CONSTRUCTION, ARMY

4 (INCLUDING RESCISSION OF FUNDS)

5 For acquisition, construction, installation, and equip6 ment of temporary or permanent public works, military 

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

8 currently authorized by law, including personnel in the 

9 Army Corps of Engineers and other personal services nec10 essary for the purposes of this appropriation, and for con11 struction and operation of facilities in support of the func12 tions of the Commander in Chief, $1,756,298,000, to re13 main available until September 30, 2011: Provided, That 

14 of this amount, not to exceed $220,830,000 shall be avail15 able for study, planning, design, architect and engineer 

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

17 unless the Secretary of Defense determines that additional 

18 obligations are necessary for such purposes and notifies 

19 the Committees on Appropriations of both Houses of Con20 gress of the determination and the reasons therefor: Pro21 vided further, That of the funds appropriated for ‘‘Military 

22 Construction, Army’’ under Public Law 109–114, 

23 $43,348,000 are hereby rescinded. 


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1 MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

2 (INCLUDING RESCISSIONS OF FUNDS)

3 For acquisition, construction, installation, and equip4 ment of temporary or permanent public works, naval in5 stallations, facilities, and real property for the Navy and 

6 Marine Corps as currently authorized by law, including 

7 personnel in the Naval Facilities Engineering Command 

8 and other personal services necessary for the purposes of 

9 this appropriation, $1,193,834,000, to remain available 

10 until September 30, 2011: Provided, That of this amount, 

11 not to exceed $72,857,000 shall be available for study, 

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

13 authorized by law, unless the Secretary of Defense deter14 mines that additional obligations are necessary for such 

15 purposes and notifies the Committees on Appropriations 

16 of both Houses of Congress of the determination and the 

17 reasons therefor: Provided further, That of the funds ap18 propriated for ‘‘Military Construction, Navy and Marine 

19 Corps’’ under Public Law 108–132, $30,000,000 are here20 by rescinded: Provided further, That of the funds appro21 priated for ‘‘Military Construction, Navy and Marine 

22 Corps’’ under Public Law 108–324, $8,000,000 are here23 by rescinded. 


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1 MILITARY CONSTRUCTION, AIR FORCE

2 (INCLUDING RESCISSION OF FUNDS)

3 For acquisition, construction, installation, and equip4 ment of temporary or permanent public works, military 

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

6 as currently authorized by law, $1,187,550,000, to remain 

7 available until September 30, 2011: Provided, That of this 

8 amount, not to exceed $97,504,000 shall be available for 

9 study, planning, design, and architect and engineer serv10 ices, as authorized by law, unless the Secretary of Defense 

11 determines that additional obligations are necessary for 

12 such purposes and notifies the Committees on Appropria13 tions of both Houses of Congress of the determination and 

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

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

16 Public Law 108–324, $2,694,000 are hereby rescinded. 

17 MILITARY CONSTRUCTION, DEFENSE-WIDE

18 (INCLUDING TRANSFER AND RESCISSIONS OF FUNDS)

19 For acquisition, construction, installation, and equip20 ment of temporary or permanent public works, installa21 tions, facilities, and real property for activities and agen22 cies of the Department of Defense (other than the military 

23 departments), as currently authorized by law, 

24 $1,107,606,000, to remain available until September 30, 

25 2011: Provided, That such amounts of this appropriation 


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1 as may be determined by the Secretary of Defense may 

2 be transferred to such appropriations of the Department 

3 of Defense available for military construction or family 

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

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

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

7 transferred: Provided further, That of the amount appro8 priated, not to exceed $172,950,000 shall be available for 

9 study, planning, design, and architect and engineer serv10 ices, as authorized by law, unless the Secretary of Defense 

11 determines that additional obligations are necessary for 

12 such purposes and notifies the Committees on Appropria13 tions of both Houses of Congress of the determination and 

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

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

16 under Public Law 108–132, $9,000,000 are hereby re17 scinded: Provided further, That of the funds appropriated 

18 for ‘‘Military Construction, Defense-Wide’’ under Public 

19 Law 108–324, $43,000,000 are hereby rescinded: Pro20 vided further, That of the funds appropriated for ‘‘Military 

21 Construction, Defense-Wide’’ under Public Law 109–114, 

22 $58,229,000 are hereby rescinded. 

23 MILITARY CONSTRUCTION, ARMY NATIONAL GUARD

24 For construction, acquisition, expansion, rehabilita25 tion, and conversion of facilities for the training and adVerDate Aug 31 2005 22:02 Nov 16, 2006 Jkt 059196 PO 00000 Frm 00005 Fmt 6652 Sfmt 6401 E:\BILLS\H5385.PP H5385

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1 ministration of the Army National Guard, and contribu2 tions therefor, as authorized by chapter 1803 of title 10, 

3 United States Code, and Military Construction Authoriza4 tion Acts, $512,873,000, to remain available until Sep5 tember 30, 2011. 

6 MILITARY CONSTRUCTION, AIR NATIONAL GUARD

7 For construction, acquisition, expansion, rehabilita8 tion, and conversion of facilities for the training and ad9 ministration of the Air National Guard, and contributions 

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

11 States Code, and Military Construction Authorization 

12 Acts, $207,088,000, to remain available until September 

13 30, 2011. 

14 MILITARY CONSTRUCTION, ARMY RESERVE

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

18 1803 of title 10, United States Code, and Military Con19 struction Authorization Acts, $167,774,000, to remain 

20 available until September 30, 2011. 

21 MILITARY CONSTRUCTION, NAVY RESERVE

22 For construction, acquisition, expansion, rehabilita23 tion, and conversion of facilities for the training and ad24 ministration of the reserve components of the Navy and 

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


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1 United States Code, and Military Construction Authoriza2 tion Acts, $55,158,000, to remain available until Sep3 tember 30, 2011. 

4 MILITARY CONSTRUCTION, AIR FORCE RESERVE

5 For construction, acquisition, expansion, rehabilita6 tion, and conversion of facilities for the training and ad7 ministration of the Air Force Reserve as authorized by 

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

9 Construction Authorization Acts, $56,836,000, to remain 

10 available until September 30, 2011. 

11 NORTH ATLANTIC TREATY ORGANIZATION

12 SECURITY INVESTMENT PROGRAM

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

14 Atlantic Treaty Organization Security Investment Pro15 gram for the acquisition and construction of military fa16 cilities and installations (including international military 

17 headquarters) and for related expenses for the collective 

18 defense of the North Atlantic Treaty Area as authorized 

19 by section 2806 of title 10, United States Code, and Mili20 tary Construction Authorization Acts, $200,985,000, to 

21 remain available until expended. 

22 FAMILY HOUSING CONSTRUCTION, ARMY

23 For expenses of family housing for the Army for con24 struction, including acquisition, replacement, addition, ex25 pansion, extension, and alteration, as authorized by law, 


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1 $578,791,000, to remain available until September 30, 

2 2011. 

3 FAMILY HOUSING OPERATION AND MAINTENANCE, 

4 ARMY

5 For expenses of family housing for the Army for op6 eration and maintenance, including debt payment, leasing, 

7 minor construction, principal and interest charges, and in8 surance premiums, as authorized by law, $674,657,000. 

9 FAMILY HOUSING CONSTRUCTION, NAVY AND MARINE

10 CORPS

11 For expenses of family housing for the Navy and Ma12 rine Corps for construction, including acquisition, replace13 ment, addition, expansion, extension, and alteration, as 

14 authorized by law, $308,956,000, to remain available until 

15 September 30, 2011. 

16 FAMILY HOUSING OPERATION AND MAINTENANCE, 

17 NAVY AND MARINE CORPS

18 For expenses of family housing for the Navy and Ma19 rine Corps for operation and maintenance, including debt 

20 payment, leasing, minor construction, principal and inter21 est charges, and insurance premiums, as authorized by 

22 law, $509,126,000. 


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1 FAMILY HOUSING CONSTRUCTION, AIR FORCE

2 (INCLUDING RESCISSIONS OF FUNDS)

3 For expenses of family housing for the Air Force for 

4 construction, including acquisition, replacement, addition, 

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

6 $1,169,138,000, to remain available until September 30, 

7 2011: Provided, That of the funds appropriated for ‘‘Fam8 ily Housing Construction, Air Force’’ under Public Law 

9 108–324, $23,400,000 are hereby rescinded: Provided fur10 ther, That of the funds appropriated for ‘‘Family Housing 

11 Construction, Air Force’’ under Public Law 109–114, 

12 $42,800,000 are hereby rescinded. 

13 FAMILY HOUSING OPERATION AND MAINTENANCE, AIR

14 FORCE

15 For expenses of family housing for the Air Force for 

16 operation and maintenance, including debt payment, leas17 ing, minor construction, principal and interest charges, 

18 and insurance premiums, as authorized by law, 

19 $755,071,000. 

20 FAMILY HOUSING CONSTRUCTION, DEFENSE-WIDE

21 For expenses of family housing for the activities and 

22 agencies of the Department of Defense (other than the 

23 military departments) for construction, including acquisi24 tion, replacement, addition, expansion, extension, and alVerDate Aug 31 2005 22:02 Nov 16, 2006 Jkt 059196 PO 00000 Frm 00009 Fmt 6652 Sfmt 6401 E:\BILLS\H5385.PP H5385

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1 teration, as authorized by law, $8,808,000, to remain 

2 available until September 30, 2011. 

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 $48,506,000. 

10 DEPARTMENT OF DEFENSE FAMILY HOUSING

11 IMPROVEMENT FUND

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

18 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, $90,993,000, to remain 

4 available until September 30, 2011: 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), $216,220,000, 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), $5,309,876,000, to remain avail25 able until expended. 


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1 BASIC ALLOWANCE FOR HOUSING, ARMY

2 For basic allowance for housing, for members of the 

3 Army on active duty, $3,687,905,000. 

4 BASIC ALLOWANCE FOR HOUSING, NAVY

5 For basic allowance for housing, for members of the 

6 Navy on active duty, $4,135,061,000. 

7 BASIC ALLOWANCE FOR HOUSING, MARINE CORPS

8 For basic allowance for housing, for members of the 

9 Marine Corps on active duty, $1,350,921,000. 

10 BASIC ALLOWANCE FOR HOUSING, AIR FORCE

11 For basic allowance for housing, for members of the 

12 Air Force on active duty, $2,934,327,000. 

13 BASIC ALLOWANCE FOR HOUSING, ARMY NATIONAL

14 GUARD

15 For basic allowance for housing, for members of the 

16 Army National Guard on active duty, $469,109,000. 

17 BASIC ALLOWANCE FOR HOUSING, AIR NATIONAL

18 GUARD

19 For basic allowance for housing, for members of the 

20 Air National Guard on active duty, $277,533,000. 

21 BASIC ALLOWANCE FOR HOUSING, ARMY RESERVE

22 For basic allowance for housing, for members of the 

23 Army Reserve on active duty, $347,607,000. 


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1 BASIC ALLOWANCE FOR HOUSING, NAVY RESERVE

2 For basic allowance for housing, for members of the 

3 Naval Reserve on active duty, $208,838,000. 

4 BASIC ALLOWANCE FOR HOUSING, MARINE CORPS

5 RESERVE

6 For basic allowance for housing, for members of the 

7 Marine Corps Reserve on active duty, $43,082,000. 

8 BASIC ALLOWANCE FOR HOUSING, AIR FORCE RESERVE

9 For basic allowance for housing, for members of the 

10 Air Force Reserve on active duty, $76,218,000. 

11 FACILITIES SUSTAINMENT, RESTORATION AND

12 MODERNIZATION, ARMY

13 For expenses for facilities sustainment, restoration 

14 and modernization of the Army, $1,810,774,000. 

15 FACILITIES SUSTAINMENT, RESTORATION AND

16 MODERNIZATION, NAVY

17 For expenses for facilities sustainment, restoration 

18 and modernization of the Navy, $1,201,313,000. 

19 FACILITIES SUSTAINMENT, RESTORATION AND

20 MODERNIZATION, MARINE CORPS

21 For expenses for facilities sustainment, restoration 

22 and modernization of the Marine Corps, $473,141,000. 


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1 FACILITIES SUSTAINMENT, RESTORATION AND

2 MODERNIZATION, AIR FORCE

3 For expenses for facilities sustainment, restoration 

4 and modernization of the Air Force, $1,684,019,000. 

5 FACILITIES SUSTAINMENT, RESTORATION AND

6 MODERNIZATION, DEFENSE-WIDE

7 For expenses for facilities sustainment, restoration 

8 and modernization of the Department of Defense, 

9 $86,386,000. 

10 FACILITIES SUSTAINMENT, RESTORATION AND

11 MODERNIZATION, ARMY NATIONAL GUARD

12 For expenses for facilities sustainment, restoration 

13 and modernization of the Army National Guard, 

14 $387,882,000. 

15 FACILITIES SUSTAINMENT, RESTORATION AND

16 MODERNIZATION, AIR NATIONAL GUARD

17 For expenses for facilities sustainment, restoration 

18 and modernization of the Air National Guard, 

19 $255,322,000. 

20 FACILITIES SUSTAINMENT, RESTORATION AND

21 MODERNIZATION, ARMY RESERVE

22 For expenses for facilities sustainment, restoration 

23 and modernization of the Army Reserve, $215,890,000. 


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1 FACILITIES SUSTAINMENT, RESTORATION AND

2 MODERNIZATION, NAVY RESERVE

3 For expenses for facilities sustainment, restoration 

4 and modernization of the Navy Reserve, $52,136,000. 

5 FACILITIES SUSTAINMENT, RESTORATION AND

6 MODERNIZATION, MARINE CORPS RESERVE

7 For expenses for facilities sustainment, restoration 

8 and modernization of the Marine Corps Reserve, 

9 $9,579,000. 

10 FACILITIES SUSTAINMENT, RESTORATION AND

11 MODERNIZATION, AIR FORCE RESERVE

12 For expenses for facilities sustainment, restoration 

13 and modernization of the Air Force Reserve, $59,849,000. 

14 THE DEPARTMENT OF DEFENSE ENVIRONMENTAL

15 RESTORATION ACCOUNTS

16 ENVIRONMENTAL RESTORATION, ARMY

17 (INCLUDING TRANSFER OF FUNDS)

18 For the Department of the Army, $413,794,000, to 

19 remain available until transferred: Provided, That the Sec20 retary of the Army shall, upon determining that such 

21 funds are required for environmental restoration, reduc22 tion and recycling of hazardous waste, removal of unsafe 

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

24 for similar purposes, transfer the funds made available by 

25 this appropriation to other appropriations made available 


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

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

3 time period as the appropriations to which transferred: 

4 Provided further, That upon a determination that all or 

5 part of the funds transferred from this appropriation are 

6 not necessary for the purposes provided herein, such 

7 amounts may be transferred back to this appropriation. 

8 ENVIRONMENTAL RESTORATION, NAVY

9 (INCLUDING TRANSFER OF FUNDS)

10 For the Department of the Navy, $304,409,000, to 

11 remain available until transferred: Provided, That the Sec12 retary of the Navy shall, upon determining that such 

13 funds are required for environmental restoration, reduc14 tion and recycling of hazardous waste, removal of unsafe 

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

16 for similar purposes, transfer the funds made available by 

17 this appropriation to other appropriations made available 

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

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

20 time period as the appropriations to which transferred: 

21 Provided further, That upon a determination that all or 

22 part of the funds transferred from this appropriation are 

23 not necessary for the purposes provided herein, such 

24 amounts may be transferred back to this appropriation. 


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1 ENVIRONMENTAL RESTORATION, AIR FORCE

2 (INCLUDING TRANSFER OF FUNDS)

3 For the Department of the Air Force, $423,871,000, 

4 to remain available until transferred: Provided, That the 

5 Secretary of the Air Force shall, upon determining that 

6 such funds are required for environmental restoration, re7 duction and recycling of hazardous waste, removal of un8 safe buildings and debris of the Department of the Air 

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

10 available by this appropriation to other appropriations 

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

12 merged with and to be available for the same purposes 

13 and for the same time period as the appropriations to 

14 which transferred: Provided further, That upon a deter15 mination that all or part of the funds transferred from 

16 this appropriation are not necessary for the purposes pro17 vided herein, such amounts may be transferred back to 

18 this appropriation. 

19 ENVIRONMENTAL RESTORATION, DEFENSE-WIDE

20 (INCLUDING TRANSFER OF FUNDS)

21 For the Department of Defense, $18,431,000, to re22 main available until transferred: Provided, That the Sec23 retary of Defense shall, upon determining that such funds 

24 are required for environmental restoration, reduction and 

25 recycling of hazardous waste, removal of unsafe buildings 


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

2 purposes, transfer the funds made available by this appro3 priation to other appropriations made available to the De4 partment of Defense, to be merged with and to be avail5 able for the same purposes and for the same time period 

6 as the appropriations to which transferred: Provided fur7 ther, That upon a determination that all or part of the 

8 funds transferred from this appropriation are not nec9 essary for the purposes provided herein, such amounts 

10 may be transferred back to this appropriation. 

11 ENVIRONMENTAL RESTORATION, FORMERLY USED

12 DEFENSE SITES

13 (INCLUDING TRANSFER OF FUNDS)

14 For the Department of the Army, $257,790,000, to 

15 remain available until transferred: Provided, That the Sec16 retary of the Army shall, upon determining that such 

17 funds are required for environmental restoration, reduc18 tion and recycling of hazardous waste, removal of unsafe 

19 buildings and debris at sites formerly used by the Depart20 ment of Defense, transfer the funds made available by this 

21 appropriation to other appropriations made available to 

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

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

24 period as the appropriations to which transferred: Pro25 vided further, That upon a determination that all or part 


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1 of the funds transferred from this appropriation are not 

2 necessary for the purposes provided herein, such amounts 

3 may be transferred back to this appropriation. 

4 DEFENSE HEALTH PROGRAM

5 (INCLUDING RESCISSION OF FUNDS)

6 For expenses, not otherwise provided for, for medical 

7 and health care programs of the Department of Defense, 

8 as authorized by law, $21,065,163,000, of which 

9 $20,218,205,000 shall be for operation and maintenance, 

10 of which not to exceed one percent shall remain available 

11 until September 30, 2008, and of which up to 

12 $10,638,784,000 may be available for contracts entered 

13 into under the TRICARE program; of which 

14 $402,855,000, to remain available for obligation until Sep15 tember 30, 2009, shall be for procurement; and of which 

16 $444,103,000, to remain available for obligation until Sep17 tember 30, 2008, shall be for research, development, test 

18 and evaluation: Provided, That notwithstanding any other 

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

20 heading for research, development, test and evaluation, 

21 not less than $7,000,000 shall be available for HIV pre22 vention educational activities undertaken in connection 

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

24 assistance activities conducted primarily in African na25 tions: Provided further, That of the funds provided for 


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1 ‘‘Defense Health Program’’, operations and maintenance 

2 under title VI of Public Law 109–148, $40,042,000 are 

3 hereby rescinded. 

4 ADMINISTRATIVE PROVISIONS

5 (INCLUDING TRANSFER OF FUNDS)

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

7 title shall be expended for payments under a cost-plus-a8 fixed-fee contract for construction, where cost estimates 

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

10 except Alaska, without the specific approval in writing of 

11 the Secretary of Defense setting forth the reasons there12 for. 

13 SEC. 102. Funds made available in this title for con14 struction shall be available for hire of passenger motor ve15 hicles. 

16 SEC. 103. Funds made available in this title for con17 struction may be used for advances to the Federal High18 way Administration, Department of Transportation, for 

19 the construction of access roads as authorized by section 

20 210 of title 23, United States Code, when projects author21 ized therein are certified as important to the national de22 fense by the Secretary of Defense. 

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

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


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1 the United States for which specific appropriations have 

2 not been made. 

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

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

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

6 the Army Corps of Engineers or the Naval Facilities Engi7 neering Command, except: (1) where there is a determina8 tion of value by a Federal court; (2) purchases negotiated 

9 by the Attorney General or the designee of the Attorney 

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

11 $25,000; or (4) as otherwise determined by the Secretary 

12 of Defense to be in the public interest. 

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

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

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

16 except housing for which funds have been made available 

17 in annual Acts making appropriations for military con18 struction. 

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

20 title for minor construction may be used to transfer or 

21 relocate any activity from one base or installation to an22 other, without prior notification to the Committees on Ap23 propriations of both Houses of Congress. 

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

25 title may be used for the procurement of steel for any conVerDate Aug 31 2005 22:02 Nov 16, 2006 Jkt 059196 PO 00000 Frm 00021 Fmt 6652 Sfmt 6401 E:\BILLS\H5385.PP H5385

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1 struction project or activity for which American steel pro2 ducers, fabricators, and manufacturers have been denied 

3 the opportunity to compete for such steel procurement. 

4 SEC. 109. None of the funds available to the Depart5 ment of Defense for military construction or family hous6 ing during the current fiscal year may be used to pay real 

7 property taxes in any foreign nation. 

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

9 title may be used to initiate a new installation overseas 

10 without prior notification to the Committees on Appro11 priations of both Houses of Congress. 

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

13 title may be obligated for architect and engineer contracts 

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

15 projects to be accomplished in Japan, in any North Atlan16 tic Treaty Organization member country, or in countries 

17 bordering the Arabian Sea, unless such contracts are 

18 awarded to United States firms or United States firms 

19 in joint venture with host nation firms. 

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

21 title for military construction in the United States terri22 tories and possessions in the Pacific and on Kwajalein 

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

24 used to award any contract estimated by the Government 

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


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1 That this section shall not be applicable to contract 

2 awards for which the lowest responsive and responsible bid 

3 of a United States contractor exceeds the lowest respon4 sive and responsible bid of a foreign contractor by greater 

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

6 not apply to contract awards for military construction on 

7 Kwajalein Atoll for which the lowest responsive and re8 sponsible bid is submitted by a Marshallese contractor. 

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

10 appropriate committees of both Houses of Congress, in11 cluding the Committees on Appropriations, of the plans 

12 and scope of any proposed military exercise involving 

13 United States personnel 30 days prior to its occurring, 

14 if amounts expended for construction, either temporary or 

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

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

17 made available in this title which are limited for obligation 

18 during the current fiscal year shall be obligated during 

19 the last two months of the fiscal year. 

20 SEC. 115. Funds appropriated to the Department of 

21 Defense for construction in prior years shall be available 

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

24 current session of Congress. 


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1 SEC. 116. For military construction or family housing 

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

4 be used to pay the cost of associated supervision, inspec5 tion, overhead, engineering and design on those projects 

6 and on subsequent claims, if any. 

7 SEC. 117. Notwithstanding any other provision of 

8 law, any funds made available to a military department 

9 or defense agency for the construction of military projects 

10 may be obligated for a military construction project or 

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

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

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

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

15 obligated from funds available for military construction 

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

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

18 such project is increased pursuant to law. 

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

20 Committees on Appropriations of both Houses of Congress 

21 with an annual report by February 15, containing details 

22 of the specific actions proposed to be taken by the Depart23 ment of Defense during the current fiscal year to encour24 age other member nations of the North Atlantic Treaty 

25 Organization, Japan, Korea, and United States allies borVerDate Aug 31 2005 22:02 Nov 16, 2006 Jkt 059196 PO 00000 Frm 00024 Fmt 6652 Sfmt 6401 E:\BILLS\H5385.PP H5385

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1 dering the Arabian Sea to assume a greater share of the 

2 common defense burden of such nations and the United 

3 States. 

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

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

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

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

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

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

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

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

14 and the same time period as that account. 

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

16 Committees on Appropriations of both Houses of Con17 gress, such additional amounts as may be determined by 

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

19 Department of Defense Family Housing Improvement 

20 Fund from amounts appropriated for construction in 

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

22 available for the same purposes and for the same period 

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

24 (2) the Department of Defense Military Unaccompanied 

25 Housing Improvement Fund from amounts appropriated 


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1 for construction of military unaccompanied housing in 

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

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

4 period of time as amounts appropriated directly to the 

5 Fund: Provided, That appropriations made available to 

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

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

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

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

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

15 title may be obligated for Partnership for Peace Programs 

16 in the New Independent States of the former Soviet 

17 Union. 

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

19 any solicitation for a contract with the private sector for 

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

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

24 (b)(1) A notice referred to in subsection (a) is a no25 tice of any guarantee (including the making of mortgage 


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

2 to the private party under the contract involved in the 

3 event of— 

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

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

8 such installation; or 

9 (C) the extended deployment overseas of units 

10 stationed at such installation. 

11 (2) Each notice under this subsection shall specify 

12 the nature of the guarantee involved and assess the extent 

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

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

16 available to the Department of Defense, amounts may be 

17 transferred from the accounts established by sections 

18 2906(a)(1) and 2906A(a)(1) of the Defense Base Closure 

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

20 the fund established by section 1013(d) of the Demonstra21 tion Cities and Metropolitan Development Act of 1966 (42 

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

23 Homeowners Assistance Program. Any amounts trans24 ferred shall be merged with and be available for the same 


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

2 which transferred. 

3 SEC. 124. Notwithstanding this or any other provi4 sion of law, funds made available in this title for operation 

5 and maintenance of family housing shall be the exclusive 

6 source of funds for repair and maintenance of all family 

7 housing units, including general or flag officer quarters: 

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

9 spent annually for the maintenance and repair of any gen10 eral or flag officer quarters without 30 days prior notifica11 tion to the Committees on Appropriations of both Houses 

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

13 be submitted if the limitation is exceeded solely due to 

14 costs associated with environmental remediation that 

15 could not be reasonably anticipated at the time of the 

16 budget submission: Provided further, That the Under Sec17 retary of Defense (Comptroller) is to report annually to 

18 the Committees on Appropriations of both Houses of Con19 gress all operation and maintenance expenditures for each 

20 individual general or flag officer quarters for the prior fis21 cal year: Provided further, That nothing in this section 

22 precludes the Secretary of a military department, after no23 tifying the congressional defense committees and waiting 

24 21 days, from using funds derived under section 2601, 

25 chapter 403, chapter 603, or chapter 903 of title 10, 


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1 United States Code, for the maintenance or repair of gen2 eral and flag officer quarters at the military service acad3 emy under the jurisdiction of that Secretary: Provided fur4 ther, That each Secretary of a military department shall 

5 provide an annual report by February 15 to the congres6 sional defense committees on the amount of funds that 

7 were derived under section 2601, chapter 403, chapter 

8 603, or chapter 903 of title 10, United States Code, in 

9 the previous year and were obligated for the construction, 

10 improvement, repair, or maintenance of any military facil11 ity or infrastructure. 

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

13 title under the heading ‘‘North Atlantic Treaty Organiza14 tion Security Investment Program’’, and no funds appro15 priated for any fiscal year before fiscal year 2007 for that 

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

18 defense. 

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

20 other official of the Department of Defense is requested 

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

23 Appropriations of the House of Representatives or the 

24 subcommittee on Military Construction and Veterans Af25 fairs, and Related Agencies of the Committee on ApproVerDate Aug 31 2005 22:02 Nov 16, 2006 Jkt 059196 PO 00000 Frm 00029 Fmt 6652 Sfmt 6401 E:\BILLS\H5385.PP H5385

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

2 submitted by the chairman or another member of that 

3 subcommittee pursuant to a subcommittee hearing or 

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

6 date on which the request is transmitted to the Secretary 

7 (or other official). 

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

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

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

15 title, or in any Act making appropriations for military con16 struction which remain available for obligation, may be ob17 ligated or expended to carry out a military construction, 

18 land acquisition, or family housing project at or for a mili19 tary installation approved for closure, or at a military in20 stallation for the purposes of supporting a function that 

21 has been approved for realignment to another installation, 

22 in 2005 under the Defense Base Closure and Realignment 

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

24 510; 10 U.S.C. 2687 note), unless such a project at a mili25 tary installation approved for realignment will support a 


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1 continuing mission or function at that installation or a 

2 new mission or function that is planned for that installa3 tion, or unless the Secretary of Defense certifies that the 

4 cost to the United States of carrying out such project 

5 would be less than the cost to the United States of cancel6 ling such project, or if the project is at an active compo7 nent base that shall be established as an enclave or in the 

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

9 Government agency has indicated it will assume ownership 

10 of the completed project. The Secretary of Defense may 

11 not transfer funds made available as a result of this limi12 tation from any military construction project, land acquisi13 tion, or family housing project to another account or use 

14 such funds for another purpose or project without the 

15 prior approval of the Committees on Appropriations of 

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

17 military construction projects, land acquisition, or family 

18 housing projects for which the project is vital to the na19 tional security or the protection of health, safety, or envi20 ronmental quality: Provided, That the Secretary of De21 fense shall notify the congressional defense committees 

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

23 construction project. 

24 SEC. 129. During the 5-year period after appropria25 tions available in this Act to the Department of Defense 


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1 for military construction and family housing operation and 

2 maintenance and construction have expired for obligation, 

3 upon a determination that such appropriations will not be 

4 necessary for the liquidation of obligations or for making 

5 authorized adjustments to such appropriations for obliga6 tions incurred during the period of availability of such ap7 propriations, unobligated balances of such appropriations 

8 may be transferred into the appropriation ‘‘Foreign Cur9 rency Fluctuations, Construction, Defense,’’ to be merged 

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

11 the same purposes as the appropriation to which trans12 ferred. 

13 SEC. 130. None of the funds appropriated in this title 

14 available for the Civilian Health and Medical Program of 

15 the Uniformed Services (CHAMPUS) or TRICARE shall 

16 be available for the reimbursement of any health care pro17 vider for inpatient mental health service for care received 

18 when a patient is referred to a provider of inpatient men19 tal health care or residential treatment care by a medical 

20 or health care professional having an economic interest in 

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

22 this limitation does not apply in the case of inpatient men23 tal health services provided under the program for persons 

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

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


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

2 Secretary of Defense because of medical or psychological 

3 circumstances of the patient that are confirmed by a 

4 health professional who is not a Federal employee after 

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

6 which takes into account the appropriate level of care for 

7 the patient, the intensity of services required by the pa8 tient, and the availability of that care. 

9 SEC. 131. (a) The Secretary of Defense, in coordina10 tion with the Secretary of Health and Human Services, 

11 may carry out a program to distribute surplus dental and 

12 medical equipment of the Department of Defense, at no 

13 cost to the Department of Defense, to Indian Health Serv14 ice facilities and to federally-qualified health centers (with15 in the meaning of section 1905(l)(2)(B) of the Social Se16 curity Act (42 U.S.C. 1396d(l)(2)(B))). 

17 (b) In carrying out this provision, the Secretary of 

18 Defense shall give the Indian Health Service a property 

19 disposal priority equal to the priority given to the Depart20 ment of Defense and its twelve special screening programs 

21 in distribution of surplus dental and medical supplies and 

22 equipment. 

23 SEC. 132. Notwithstanding any other provision of law 

24 or regulation, the Secretary of Defense may adjust wage 

25 rates for civilian employees hired for certain health care 


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1 occupations as authorized for the Secretary of Veterans 

2 Affairs by section 7455 of title 38, United States Code. 

3 SEC. 133. Notwithstanding any other provision of 

4 law, that not more than 35 percent of funds provided in 

5 this title for environmental remediation may be obligated 

6 under indefinite delivery/indefinite quantity contracts with 

7 a total contract value of $130,000,000 or higher. 

8 SEC. 134. Notwithstanding any other provision of 

9 law, funds available to the Department of Defense in this 

10 title shall be made available to provide transportation of 

11 medical supplies and equipment, on a nonreimbursable 

12 basis, to American Samoa, and funds available to the De13 partment of Defense in this title shall be made available 

14 to provide transportation of medical supplies and equip15 ment, on a nonreimbursable basis, to the Indian Health 

16 Service when it is in conjunction with a civil-military 

17 project. 

18 SEC. 135. (1) Notwithstanding any other provision 

19 of law or regulation, the Secretary of Defense may exercise 

20 the provisions of section 7403(g) of title 38, United States 

21 Code, for occupations listed in section 7403(a)(2) of title 

22 38, United States Code, as well as the following: Phar23 macists, Audiologists, and Dental Hygienists. 

24 (2) The requirements of section 7403(g)(1)(A) of 

25 title 38, United States Code, shall apply. 


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1 (3) The limitations of section 7403(g)(1)(B) of title 

2 38, United States Code, shall not apply. 

3 TITLE II 

4 DEPARTMENT OF VETERANS AFFAIRS 

5 VETERANS BENEFITS ADMINISTRATION

6 COMPENSATION AND PENSIONS

7 (INCLUDING TRANSFER OF FUNDS)

8 For the payment of compensation benefits to or on 

9 behalf of veterans and a pilot program for disability ex10 aminations as authorized by law (38 U.S.C. 107, chapters 

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

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

13 chapters 15, 51, 53, 55, and 61; 92 Stat. 2508); and bur14 ial benefits, the Reinstated Entitlement Program for Sur15 vivors, emergency and other officers’ retirement pay, ad16 justed-service credits and certificates, payment of pre17 miums due on commercial life insurance policies guaran18 teed under the provisions of title IV of the Servicemembers 

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

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

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

22 123; 45 Stat. 735; 76 Stat. 1198), $38,007,095,000, to 

23 remain available until expended: Provided, That not to ex24 ceed $28,112,000 of the amount appropriated under this 

25 heading shall be reimbursed to ‘‘General operating ex26 penses’’ and ‘‘Medical administration’’ for necessary exVerDate Aug 31 2005 22:02 Nov 16, 2006 Jkt 059196 PO 00000 Frm 00035 Fmt 6652 Sfmt 6401 E:\BILLS\H5385.PP H5385

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1 penses in implementing the provisions of chapters 51, 53, 

2 and 55 of title 38, United States Code, the funding source 

3 for which is specifically provided as the ‘‘Compensation 

4 and pensions’’ appropriation: Provided further, That such 

5 sums as may be earned on an actual qualifying patient 

6 basis, shall be reimbursed to ‘‘Medical care collections 

7 fund’’ to augment the funding of individual medical facili8 ties for nursing home care provided to pensioners as au9 thorized. 

10 READJUSTMENT BENEFITS

11 (INCLUDING TRANSFER OF FUNDS)

12 For the payment of readjustment and rehabilitation 

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

14 (38 U.S.C. chapters 21, 30, 31, 34, 35, 36, 39, 51, 53, 

15 55, and 61), $3,262,006,000, to remain available until ex16 pended: Provided, That expenses for rehabilitation pro17 gram services and assistance which the Secretary is au18 thorized to provide under section 3104(a) of title 38, 

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

20 (2), (5), and (11) of that section, shall be charged to this 

21 account. 

22 VETERANS INSURANCE AND INDEMNITIES

23 (INCLUDING TRANSFER OF FUNDS)

24 For military and naval insurance, national service life 

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1 erans insurance, and veterans mortgage life insurance as 

2 authorized by title 38, United States Code, chapter 19; 

3 70 Stat. 887; 72 Stat. 487, $49,850,000, to remain avail4 able until expended. 

5 VETERANS HOUSING BENEFIT PROGRAM FUND

6 PROGRAM ACCOUNT

7 (INCLUDING TRANSFER OF FUNDS)

8 For the cost of direct and guaranteed loans, such 

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

10 authorized by subchapters I through III of chapter 37 of 

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

12 including the cost of modifying such loans, shall be as de13 fined in section 502 of the Congressional Budget Act of 

14 1974: Provided further, That during fiscal year 2007, 

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

16 gross obligations for direct loans are authorized for spe17 cially adapted housing loans. 

18 In addition, for administrative expenses to carry out 

19 the direct and guaranteed loan programs, $153,185,000, 

20 which may be transferred to and merged with the appro21 priation for ‘‘General operating expenses’’. 


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1 VOCATIONAL REHABILITATION LOANS PROGRAM

2 ACCOUNT

3 (INCLUDING TRANSFER OF FUNDS)

4 For the cost of direct loans, $67,000, as authorized 

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

6 That such costs, including the cost of modifying such 

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

9 made available under this heading are available to sub10 sidize gross obligations for the principal amount of direct 

11 loans not to exceed $3,369,000. 

12 In addition, for administrative expenses necessary to 

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

14 be transferred to and merged with the appropriation for 

15 ‘‘General operating expenses’’. 

16 NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM

17 ACCOUNT

18 (INCLUDING TRANSFER OF FUNDS)

19 For administrative expenses to carry out the direct 

20 loan program authorized by subchapter V of chapter 37 

21 of title 38, United States Code, $615,000, which may be 

22 transferred to and merged with the appropriation for 

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

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

25 2007. 


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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 and salaries and expenses 

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

20 States Code, and aid to State homes as authorized by sec21 tion 1741 of title 38, United States Code; 

22 $25,412,000,000, plus reimbursements, of which not less 

23 than $2,800,000,000 shall be expended for specialty men24 tal health care: Provided, That of the funds made available 

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

26 available until September 30, 2008: Provided further, 


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

3 treatment for veterans who are service-connected disabled, 

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

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

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

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

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

13 prescriptions based on requirements established by the 

14 Secretary: Provided further, That the implementation of 

15 the program described in the previous proviso shall incur 

16 no additional cost to the Department of Veterans Affairs. 

17 MEDICAL ADMINISTRATION

18 (INCLUDING TRANSFER OF FUNDS)

19 For necessary expenses in the administration of the 

20 medical, hospital, nursing home, domiciliary, construction, 

21 supply, and research activities, as authorized by law; ad22 ministrative expenses in support of capital policy activi23 ties; and administrative and legal expenses of the Depart24 ment for collecting and recovering amounts owed the De25 partment as authorized under chapter 17 of title 38, 

26 United States Code, and the Federal Medical Care RecovVerDate Aug 31 2005 22:02 Nov 16, 2006 Jkt 059196 PO 00000 Frm 00040 Fmt 6652 Sfmt 6401 E:\BILLS\H5385.PP H5385

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1 ery Act (42 U.S.C. 2651 et seq.); $3,277,000,000, plus 

2 reimbursements, of which $250,000,000 shall be available 

3 until September 30, 2008. 

4 MEDICAL FACILITIES

5 (INCLUDING TRANSFER OF FUNDS)

6 For necessary expenses for the maintenance and op7 eration of hospitals, nursing homes, and domiciliary facili8 ties and other necessary facilities for the Veterans Health 

9 Administration; for administrative expenses in support of 

10 planning, design, project management, real property ac11 quisition and disposition, construction and renovation of 

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

13 Department; for oversight, engineering and architectural 

14 activities not charged to project costs; for repairing, alter15 ing, improving or providing facilities in the several hos16 pitals and homes under the jurisdiction of the Depart17 ment, not otherwise provided for, either by contract or by 

18 the hire of temporary employees and purchase of mate19 rials; for leases of facilities; and for laundry and food serv20 ices, $3,594,000,000, plus reimbursements, of which 

21 $250,000,000 shall be available until September 30, 2008. 

22 MEDICAL AND PROSTHETIC RESEARCH

23 For necessary expenses in carrying out programs of 

24 medical and prosthetic research and development as au25 thorized by chapter 73 of title 38, United States Code, 


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1 to remain available until September 30, 2008, 

2 $412,000,000, plus reimbursements. 

3 DEPARTMENTAL ADMINISTRATION

4 GENERAL OPERATING EXPENSES

5 For necessary operating expenses of the Department 

6 of Veterans Affairs, not otherwise provided for, including 

7 administrative expenses in support of Department-Wide 

8 capital planning, management and policy activities, uni9 forms or allowances therefor; not to exceed $25,000 for 

10 official reception and representation expenses; hire of pas11 senger motor vehicles; and reimbursement of the General 

12 Services Administration for security guard services, and 

13 the Department of Defense for the cost of overseas em14 ployee mail, $1,480,764,000: Provided, That expenses for 

15 services and assistance authorized under paragraphs (1), 

16 (2), (5), and (11) of section 3104(a) of title 38, United 

17 States Code, that the Secretary of Veterans Affairs deter18 mines are necessary to enable entitled veterans: (1) to the 

19 maximum extent feasible, to become employable and to ob20 tain and maintain suitable employment; or (2) to achieve 

21 maximum independence in daily living, shall be charged 

22 to this account: Provided further, That the Veterans Bene23 fits Administration shall be funded at not less than 

24 $1,167,859,000: Provided further, That of the funds made 

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


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1 shall be available for obligation until September 30, 2008: 

2 Provided further, That from the funds made available 

3 under this heading, the Veterans Benefits Administration 

4 may purchase (one-for-one replacement basis only) up to 

5 two passenger motor vehicles for use in operations of that 

6 Administration in Manila, Philippines. 

7 INFORMATION TECHNOLOGY SYSTEMS

8 For necessary expenses for information technology 

9 systems and telecommunications support, including devel10 opmental information systems and operational information 

11 systems; for the capital asset acquisition of information 

12 technology systems, including management and related 

13 contractual costs of said acquisitions, including contrac14 tual costs associated with operations authorized by chap15 ter 3109 of title 5, United States Code, $1,302,330,000, 

16 plus reimbursements, to remain available until September 

17 30, 2008: Provided, That none of these funds may be obli18 gated until the Department of Veterans Affairs submits 

19 to the Committees on Appropriations of both Houses of 

20 Congress, and such Committees approve, a plan for ex21 penditure that: (1) meets the capital planning and invest22 ment control review requirements established by the Office 

23 of Management and Budget; (2) complies with the Depart24 ment of Veterans Affairs enterprise architecture; (3) con25 forms with an established enterprise life cycle methodVerDate Aug 31 2005 22:02 Nov 16, 2006 Jkt 059196 PO 00000 Frm 00043 Fmt 6652 Sfmt 6401 E:\BILLS\H5385.PP H5385

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1 ology; and (4) complies with the acquisition rules, require2 ments, guidelines, and systems acquisition management 

3 practices of the Federal Government: Provided further, 

4 That within 30 days of enactment of this Act, the Sec5 retary of Veterans Affairs shall submit to the Committees 

6 on Appropriations of both Houses of Congress a re7 programming base letter which provides, by project, the 

8 costs included in this appropriation. 

9 NATIONAL CEMETERY ADMINISTRATION

10 For necessary expenses of the National Cemetery Ad11 ministration for operations and maintenance, not other12 wise provided for, including uniforms or allowances there13 for; cemeterial expenses as authorized by law; purchase 

14 of one passenger motor vehicle for use in cemeterial oper15 ations; and hire of passenger motor vehicles, 

16 $160,733,000, of which not to exceed $8,037,000 shall be 

17 available until September 30, 2008. 

18 OFFICE OF INSPECTOR GENERAL

19 For necessary expenses of the Office of Inspector 

20 General in carrying out the provisions of the Inspector 

21 General Act of 1978, $69,499,000, to remain available 

22 until September 30, 2008. 

23 CONSTRUCTION, MAJOR PROJECTS

24 For constructing, altering, extending and improving 

25 any of the facilities including parking projects under the 

26 jurisdiction or for the use of the Department of Veterans 


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

2 316, 2404, 2406, 8102, 8103, 8106, 8108, 8109, 8110, 

3 and 8122 of title 38, United States Code, including plan4 ning, architectural and engineering services, construction 

5 management services, maintenance or guarantee period 

6 services costs associated with equipment guarantees pro7 vided under the project, services of claims analysts, offsite 

8 utility and storm drainage system construction costs, and 

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

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

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

12 project were made available in a previous major project 

13 appropriation, $283,670,000, to remain available until ex14 pended, of which $2,000,000 shall be to make reimburse15 ments as provided in section 13 of the Contract Disputes 

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

17 disputes: Provided, That except for advance planning ac18 tivities, including needs assessments which may or may 

19 not lead to capital investments, and other capital asset 

20 management related activities, such as portfolio develop21 ment and management activities, and investment strategy 

22 studies funded through the advance planning fund and the 

23 planning and design activities funded through the design 

24 fund, including needs assessments which may or may not 

25 lead to capital investments, none of the funds appropriated 


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1 under this heading shall be used for any project which has 

2 not been approved by the Congress in the budgetary proc3 ess: Provided further, That funds provided in this appro4 priation for fiscal year 2007, for each approved project 

5 shall be obligated: (1) by the awarding of a construction 

6 documents contract by September 30, 2007; and (2) by 

7 the awarding of a construction contract by September 30, 

8 2008: Provided further, That the Secretary of Veterans Af9 fairs shall promptly report in writing to the Committees 

10 on Appropriations of both Houses of Congress any ap11 proved major construction project in which obligations are 

12 not incurred within the time limitations established above: 

13 Provided further, That none of the funds in this or any 

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

15 infrastructure, including land, of the 18 facilities on the 

16 Capital Asset Realignment for Enhanced Services 

17 (CARES) list requiring further study as specified by the 

18 Secretary of Veterans Affairs without prior approval of the 

19 Committees on Appropriations of both Houses of Con20 gress. 

21 CONSTRUCTION, MINOR PROJECTS

22 For constructing, altering, extending, and improving 

23 any of the facilities including parking projects under the 

24 jurisdiction or for the use of the Department of Veterans 

25 Affairs, including planning and assessments of needs 


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1 which may lead to capital investments, architectural and 

2 engineering services, maintenance or guarantee period 

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

5 utility and storm drainage system construction costs, and 

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

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

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

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

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

11 38, United States Code, $210,000,000, to remain avail12 able until expended, along with unobligated balances of 

13 previous ‘‘Construction, minor projects’’ appropriations 

14 which are hereby made available for any project where the 

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

16 in such section, for: (1) repairs to any of the nonmedical 

17 facilities under the jurisdiction or for the use of the De18 partment which are necessary because of loss or damage 

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

20 temporary measures necessary to prevent or to minimize 

21 further loss by such causes. 

22 GRANTS FOR CONSTRUCTION OF STATE EXTENDED

23 CARE FACILITIES

24 For grants to assist States to acquire or construct 

25 State nursing home and domiciliary facilities and to reVerDate Aug 31 2005 22:02 Nov 16, 2006 Jkt 059196 PO 00000 Frm 00047 Fmt 6652 Sfmt 6401 E:\BILLS\H5385.PP H5385

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1 model, modify or alter existing hospital, nursing home and 

2 domiciliary facilities in State homes, for furnishing care 

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

4 38, United States Code, $105,000,000, to remain avail5 able until expended: Provided, That not less than 

6 $20,000,000 shall be available only to correct life and pa7 tient safety deficiencies and minor modifications at exist8 ing facilities. 

9 GRANTS FOR CONSTRUCTION OF STATE VETERANS

10 CEMETERIES

11 For grants to aid States in establishing, expanding, 

12 or improving State veterans cemeteries as authorized by 

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

14 to remain available until expended. 

15 ADMINISTRATIVE PROVISIONS

16 (INCLUDING TRANSFER OF FUNDS)

17 SEC. 201. Any appropriation for fiscal year 2007 for 

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

19 and ‘‘Veterans insurance and indemnities’’ may be trans20 ferred as necessary to any other of the mentioned appro21 priations: Provided, That before a transfer may take place, 

22 the Secretary of Veterans Affairs shall request from the 

23 Committees on Appropriations of both Houses of Congress 

24 the authority to make the transfer and an approval is 


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1 issued, or absent a response, a period of 30 days has 

2 elapsed. 

3 SEC. 202. Appropriations available in this title for 

4 salaries and expenses shall be available for services au5 thorized by section 3109 of title 5, United States Code, 

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

7 or both; and uniforms or allowances therefore, as author8 ized by sections 5901–5902 of title 5, United States Code. 

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

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

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

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

13 new hospital or home. 

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

15 available for hospitalization or examination of any persons 

16 (except beneficiaries entitled under the laws bestowing 

17 such benefits to veterans, and persons receiving such 

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

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

20 Emergency Assistance Act (42 U.S.C. 5121 et seq.)), un21 less reimbursement of cost is made to the ‘‘Medical serv22 ices’’ account at such rates as may be fixed by the Sec23 retary of Veterans Affairs. 

24 SEC. 205. Appropriations available in this title for 

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


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1 and ‘‘Veterans insurance and indemnities’’ shall be avail2 able for payment of prior year accrued obligations re3 quired to be recorded by law against the corresponding 

4 prior year accounts within the last quarter of fiscal year 

5 2006. 

6 SEC. 206. Appropriations available in this title shall 

7 be available to pay prior year obligations of corresponding 

8 prior year appropriations accounts resulting from sections 

9 3328(a), 3334, and 3712(a) of title 31, United States 

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

11 accounts they shall be payable from ‘‘Compensation and 

12 pensions’’. 

13 SEC. 207. Notwithstanding any other provision of 

14 law, during fiscal year 2007, the Secretary of Veterans 

15 Affairs shall, from the National Service Life Insurance 

16 Fund (38 U.S.C. 1920), the Veterans’ Special Life Insur17 ance Fund (38 U.S.C. 1923), and the United States Gov18 ernment Life Insurance Fund (38 U.S.C. 1955), reim19 burse the ‘‘General operating expenses’’ account for the 

20 cost of administration of the insurance programs financed 

21 through those accounts: Provided, That reimbursement 

22 shall be made only from the surplus earnings accumulated 

23 in an insurance program in fiscal year 2007 that are avail24 able for dividends in that program after claims have been 

25 paid and actuarially determined reserves have been set 


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

2 of an insurance program exceeds the amount of surplus 

3 earnings accumulated in that program, reimbursement 

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

5 Provided further, That the Secretary shall determine the 

6 cost of administration for fiscal year 2007 which is prop7 erly allocable to the provision of each insurance program 

8 and to the provision of any total disability income insur9 ance included in such insurance program. 

10 SEC. 208. Amounts deducted from enhanced-use 

11 lease proceeds to reimburse an account for expenses in12 curred by that account during a prior fiscal year for pro13 viding enhanced-use lease services, may be obligated dur14 ing the fiscal year in which the proceeds are received. 

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

16 salaries and other administrative expenses shall also be 

17 available to reimburse the Office of Resolution Manage18 ment and the Office of Employment Discrimination Com19 plaint Adjudication for all services provided at rates which 

20 will recover actual costs but not exceed $31,246,000 for 

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

22 the Office of Employment and Discrimination Complaint 

23 Adjudication: Provided, That payments may be made in 

24 advance for services to be furnished based on estimated 

25 costs: Provided further, That amounts received shall be 


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

2 office that provided the service. 

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

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

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

6 the Secretary submits a report which the Committees on 

7 Appropriations of both Houses of Congress approve within 

8 30 days following the date on which the report is received. 

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

10 Affairs shall be available for hospital care, nursing home 

11 care, or medical services provided to any person under 

12 chapter 17 of title 38, United States Code, for a non-serv13 ice-connected disability described in section 1729(a)(2) of 

14 such title, unless that person has disclosed to the Sec15 retary of Veterans Affairs, in such form as the Secretary 

16 may require, current, accurate third-party reimbursement 

17 information for purposes of section 1729 of such title: Pro18 vided, That the Secretary may recover, in the same man19 ner as any other debt due the United States, the reason20 able charges for such care or services from any person who 

21 does not make such disclosure as required: Provided fur22 ther, That any amounts so recovered for care or services 

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

24 Secretary during the fiscal year in which amounts are re25 ceived. 


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1 SEC. 212. Notwithstanding any other provision of 

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

3 proceeds or revenues derived from enhanced-use leasing 

4 activities (including disposal) may be deposited into the 

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

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

7 site acquisition and disposition), alterations and improve8 ments of any medical facility under the jurisdiction or for 

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

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

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

12 projects’’. 

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

14 services’’ are available— 

15 (1) for furnishing recreational facilities, sup16 plies, and equipment; and 

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

18 other expenses incidental to funerals and burials for 

19 beneficiaries receiving care in the Department. 

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

21 Medical Care Collections Fund pursuant to section 1729A 

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

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

24 the purposes of this account. 


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1 SEC. 215. Amounts made available for fiscal year 

2 2007 under the ‘‘Medical services’’, ‘‘Medical administra3 tion’’, and ‘‘Medical facilities’’ accounts may be trans4 ferred among the accounts to the extent necessary to im5 plement the restructuring of the Veterans Health Admin6 istration accounts: Provided, That before a transfer may 

7 take place, the Secretary of Veterans Affairs shall request 

8 from the Committees on Appropriations of both Houses 

9 of Congress the authority to make the transfer and an 

10 approval is issued. 

11 SEC. 216. Notwithstanding any other provision of 

12 law, the Secretary of Veterans Affairs shall allow veterans 

13 eligible under existing Department of Veterans Affairs 

14 medical care requirements and who reside in Alaska to ob15 tain medical care services from medical facilities supported 

16 by the Indian Health Service or tribal organizations. The 

17 Secretary shall: (1) limit the application of this provision 

18 to rural Alaskan veterans in areas where an existing De19 partment of Veterans Affairs facility or Veterans Affairs20 contracted service is unavailable; (2) require participating 

21 veterans and facilities to comply with all appropriate rules 

22 and regulations, as established by the Secretary; (3) re23 quire this provision to be consistent with Capital Asset Re24 alignment for Enhanced Services activities; and (4) result 


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1 in no additional cost to the Department of Veterans Af2 fairs or the Indian Health Service. 

3 SEC. 217. Such sums as may be deposited to the De4 partment of Veterans Affairs Capital Asset Fund pursu5 ant to section 8118 of title 38, United States Code, may 

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

7 ‘‘Construction, minor projects’’ accounts, to remain avail8 able until expended for the purposes of these accounts. 

9 SEC. 218. None of the funds available to the Depart10 ment of Veterans Affairs, in this Act or any other Act, 

11 may be used to replace the current system by which the 

12 Veterans Integrated Service Networks select and contract 

13 for diabetes monitoring supplies and equipment. 

14 SEC. 219. None of the funds made available in this 

15 Act may be used to implement any policy prohibiting the 

16 Directors of the Veterans Integrated Service Networks 

17 from conducting outreach or marketing to enroll new vet18 erans within their respective Networks. 

19 SEC. 220. The Secretary of Veterans Affairs shall 

20 submit to the Committees on Appropriations of both 

21 Houses of Congress a quarterly report on the financial 

22 status of the Veterans Health Administration. 

23 SEC. 221. Amounts made available for the ‘‘Informa24 tion technology systems’’ account may be transferred be25 tween projects: Provided, That no project may be inVerDate Aug 31 2005 22:02 Nov 16, 2006 Jkt 059196 PO 00000 Frm 00055 Fmt 6652 Sfmt 6401 E:\BILLS\H5385.PP H5385

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1 creased or decreased by more than $1,000,000 of cost 

2 prior to submitting a request to the Committees on Appro3 priations of both Houses of Congress to make the transfer 

4 and an approval is issued, or absent a response, a period 

5 of 30 days has elapsed. 

6 SEC. 222. The authority provided by section 2011 of 

7 title 38, United States Code, shall continue in effect 

8 through September 30, 2007. 

9 TITLE III 

10 RELATED AGENCIES 

11 AMERICAN BATTLE MONUMENTS COMMISSION

12 SALARIES AND EXPENSES

13 For necessary expenses, not otherwise provided for, 

14 of the American Battle Monuments Commission, including 

15 the acquisition of land or interest in land in foreign coun16 tries; purchases and repair of uniforms for caretakers of 

17 national cemeteries and monuments outside of the United 

18 States and its territories and possessions; rent of office 

19 and garage space in foreign countries; purchase (one-for20 one replacement basis only) and hire of passenger motor 

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

22 representation expenses; and insurance of official motor 

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

24 countries, $37,088,000, to remain available until ex25 pended. 


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1 FOREIGN CURRENCY FLUCTUATIONS ACCOUNT

2 For necessary expenses, not otherwise provided for, 

3 of the American Battle Monuments Commission, 

4 $4,900,000, to remain available until expended, for pur5 poses authorized by section 2109 of title 36, United States 

6 Code. 

7 UNITED STATES COURT OF APPEALS FOR VETERANS

8 CLAIMS

9 SALARIES AND EXPENSES

10 For necessary expenses for the operation of the 

11 United States Court of Appeals for Veterans Claims as 

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

13 States Code, $19,790,000, of which $1,260,000 shall be 

14 available for the purpose of providing financial assistance 

15 as described, and in accordance with the process and re16 porting procedures set forth, under this heading in Public 

17 Law 102–229. 

18 DEPARTMENT OF DEFENSE—CIVIL

19 CEMETERIAL EXPENSES, ARMY

20 SALARIES AND EXPENSES

21 For necessary expenses, as authorized by law, for 

22 maintenance, operation, and improvement of Arlington 

23 National Cemetery and Soldiers’ and Airmen’s Home Na24 tional Cemetery, including the purchase of two passenger 

25 motor vehicles for replacement only, and not to exceed 


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

2 $26,550,000, to remain available until expended. In addi3 tion, such sums as may be necessary for parking mainte4 nance, repairs and replacement, to be derived from the 

5 Lease of Department of Defense Real Property for De6 fense Agencies account. 

7 ARMED FORCES RETIREMENT HOME

8 For expenses necessary for the Armed Forces Retire9 ment Home to operate and maintain the Armed Forces 

10 Retirement Home—Washington, District of Columbia and 

11 the Armed Forces Retirement Home—Gulfport, Mis12 sissippi, to be paid from funds available in the Armed 

13 Forces Retirement Home Trust Fund, $54,846,000. 

14 TITLE IV 

15 GENERAL PROVISIONS 

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

17 this Act shall remain available for obligation beyond the 

18 current fiscal year unless expressly so provided herein. 

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

20 year 2007 pay raises for programs funded by this Act shall 

21 be absorbed within the levels appropriated in this Act. 

22 SEC. 403. None of the funds made available in this 

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

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

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


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

2 law relating to risk assessment, the protection of private 

3 property rights, or unfunded mandates. 

4 SEC. 404. No part of any funds appropriated in this 

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

6 other than for normal and recognized executive-legislative 

7 relationships, for publicity or propaganda purposes, and 

8 for the preparation, distribution or use of any kit, pam9 phlet, booklet, publication, radio, television or film presen10 tation designed to support or defeat legislation pending 

11 before Congress, except in presentation to Congress itself. 

12 SEC. 405. All departments and agencies funded under 

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

14 statutory authorities and funding, to expand their use of 

15 ‘‘E-Commerce’’ technologies and procedures in the con16 duct of their business practices and public service activi17 ties. 

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

19 Act may be transferred to any department, agency, or in20 strumentality of the United States Government except 

21 pursuant to a transfer made by, or transfer authority pro22 vided in, this Act or any other appropriations Act. 

23 SEC. 407. Unless stated otherwise, all reports and no24 tifications required by this Act shall be submitted to the 

25 Subcommittee on Military Quality of Life and Veterans 


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1 Affairs, and Related Agencies of the Committee on Appro2 priations of the House of Representatives and the Sub3 committee on Military Construction and Veterans Affairs, 

4 and Related Agencies of the Committee on Appropriations 

5 of the Senate. 

6 SEC. 408. The amounts appropriated in division B, 

7 title I, chapter 7 of Public Law 109–148 under the head8 ings ‘‘Military Construction, Defense-Wide’’ and ‘‘Con9 struction, Major Projects’’ may be used only for construc10 tion, or modification of joint-use and/or co-located facili11 ties. 

12 This Act may be cited as the ‘‘Military Construction, 

13 Military Quality of Life and Veterans Affairs Appropria14 tions Act, 2007’’. 

15 That the following sums are appropriated, out of any 

16 money in the Treasury not otherwise appropriated, for 

17 military construction, the Department of Veterans Affairs, 

18 and related agencies for the fiscal year ending September 

19 30, 2007, and for other purposes, namely: 

20 TITLE I 

21 DEPARTMENT OF DEFENSE 

22 MILITARY CONSTRUCTION, ARMY

23 (INCLUDING RESCISSIONS OF FUNDS)

24 For acquisition, construction, installation, and equip25 ment of temporary or permanent public works, military inVerDate Aug 31 2005 22:02 Nov 16, 2006 Jkt 059196 PO 00000 Frm 00060 Fmt 6652 Sfmt 6203 E:\BILLS\H5385.PP H5385

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1 stallations, facilities, and real property for the Army as 

2 currently authorized by law, including personnel in the 

3 Army Corps of Engineers and other personal services nec4 essary for the purposes of this appropriation, and for con5 struction and operation of facilities in support of the func6 tions of the Commander in Chief, $2,172,622,000, to remain 

7 available until September 30, 2011: Provided, That of this 

8 amount, not to exceed $199,540,000 shall be available for 

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

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

11 Secretary of Defense determines that additional obligations 

12 are necessary for such purposes and notifies the Committees 

13 on Appropriations of both Houses of Congress of the deter14 mination and the reasons therefor: Provided further, That 

15 of the funds appropriated for ‘‘Military Construction, 

16 Army’’ under Public Law 109–114, $43,348,000 are hereby 

17 rescinded: Provided further, That of the funds appropriated 

18 for ‘‘Military Construction, Army’’ under Public Law 109– 

19 13, $125,800,000 are hereby rescinded: Provided further, 

20 That of the amount provided under this heading, 

21 $34,800,000 is designated as an emergency requirement 

22 pursuant to section 402 of S. Con. Res. 83 (109th Congress), 

23 the concurrent resolution on the budget for fiscal year 2007, 

24 as made applicable in the Senate by section 7035 of Public 

25 Law 109–234. 


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1 MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

2 (INCLUDING RESCISSIONS OF FUNDS)

3 For acquisition, construction, installation, and equip4 ment of temporary or permanent public works, naval in5 stallations, facilities, and real property for the Navy and 

6 Marine Corps as currently authorized by law, including 

7 personnel in the Naval Facilities Engineering Command 

8 and other personal services necessary for the purposes of this 

9 appropriation, $1,238,065,000, to remain available until 

10 September 30, 2011: Provided, That of this amount, not to 

11 exceed $71,626,000 shall be available for study, planning, 

12 design, and architect and engineer services, as authorized 

13 by law, unless the Secretary of Defense determines that ad14 ditional obligations are necessary for such purposes and no15 tifies the Committees on Appropriations of both Houses of 

16 Congress of the determination and the reasons therefor: Pro17 vided further, That of the funds appropriated for ‘‘Military 

18 Construction, Navy and Marine Corps’’ under Public Law 

19 108–132, $30,000,000 are hereby rescinded: Provided fur20 ther, That of the funds appropriated for ‘‘Military Con21 struction, Navy and Marine Corps’’ under Public Law 108– 

22 324, $8,000,000 are hereby rescinded. 


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1 MILITARY CONSTRUCTION, AIR FORCE

2 (INCLUDING RESCISSIONS OF FUNDS)

3 For acquisition, construction, installation, and equip4 ment of temporary or permanent public works, military in5 stallations, facilities, and real property for the Air Force 

6 as currently authorized by law, $1,214,885,000, to remain 

7 available until September 30, 2011: Provided, That of this 

8 amount, not to exceed $71,381,000 shall be available for 

9 study, planning, design, and architect and engineer serv10 ices, as authorized by law, unless the Secretary of Defense 

11 determines that additional obligations are necessary for 

12 such purposes and notifies the Committees on Appropria13 tions of both Houses of Congress of the determination and 

14 the reasons therefor: Provided further, That of the funds ap15 propriated for ‘‘Military Construction, Air Force’’ under 

16 Public Law 108–324, $2,694,000 are hereby rescinded: Pro17 vided further, That of the funds appropriated for ‘‘Military 

18 Construction, Air Force’’ under Public Law 109–114, 

19 $19,816,000 are hereby rescinded: Provided further, That 

20 of the funds appropriated for ‘‘Military Construction, Air 

21 Force’’ under Public Law 109–13, $10,800,000 are hereby 

22 rescinded. 


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1 MILITARY CONSTRUCTION, DEFENSE-WIDE

2 (INCLUDING RESCISSIONS AND TRANSFER OF FUNDS)

3 For acquisition, construction, installation, and equip4 ment of temporary or permanent public works, installa5 tions, facilities, and real property for activities and agen6 cies of the Department of Defense (other than the military 

7 departments), as currently authorized by law, 

8 $1,162,281,000, to remain available until September 30, 

9 2011: Provided, That such amounts of this appropriation 

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

11 transferred to such appropriations of the Department of De12 fense available for military construction or family housing 

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

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

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

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

17 exceed $172,150,000 shall be available for study, planning, 

18 design, and architect and engineer services, as authorized 

19 by law, unless the Secretary of Defense determines that ad20 ditional obligations are necessary for such purposes and no21 tifies the Committees on Appropriations of both Houses of 

22 Congress of the determination and the reasons therefor: Pro23 vided further, That of the funds appropriated for ‘‘Military 

24 Construction, Defense-Wide’’ under Public Law 108–132, 

25 $9,000,000 are hereby rescinded: Provided further, That of 


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1 the funds appropriated for ‘‘Military Construction, Defense2 Wide’’ under Public Law 108–324, $43,000,000 are hereby 

3 rescinded: Provided further, That of the funds appropriated 

4 for ‘‘Military Construction, Defense-Wide’’ under Public 

5 Law 109–114, $72,065,000 are hereby rescinded: Provided 

6 further, That of the amount provided under this heading, 

7 $100,886,000 is designated as an emergency requirement 

8 pursuant to section 402 of S. Con. Res. 83 (109th Congress), 

9 the concurrent resolution on the budget for fiscal year 2007, 

10 as made applicable in the Senate by section 7035 of Public 

11 Law 109–234. 

12 MILITARY CONSTRUCTION, ARMY NATIONAL GUARD

13 (INCLUDING RESCISSION OF FUNDS)

14 For construction, acquisition, expansion, rehabilita15 tion, and conversion of facilities for the training and ad16 ministration of the Army National Guard, and contribu17 tions therefor, as authorized by chapter 1803 of title 10, 

18 United States Code, and Military Construction Authoriza19 tion Acts, $539,804,000, to remain available until Sep20 tember 30, 2011: Provided, That of the funds appropriated 

21 for ‘‘Military Construction, Army National Guard’’ under 

22 Public Law 109–114, $2,129,000 are hereby rescinded. 

23 MILITARY CONSTRUCTION, AIR NATIONAL GUARD

24 For construction, acquisition, expansion, rehabilita25 tion, and conversion of facilities for the training and adVerDate Aug 31 2005 22:02 Nov 16, 2006 Jkt 059196 PO 00000 Frm 00065 Fmt 6652 Sfmt 6203 E:\BILLS\H5385.PP H5385

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1 ministration of the Air National Guard, and contributions 

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

3 States Code, and Military Construction Authorization Acts, 

4 $252,834,000, to remain available until September 30, 

5 2011. 

6 MILITARY CONSTRUCTION, ARMY RESERVE

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

10 1803 of title 10, United States Code, and Military Con11 struction Authorization Acts, $191,450,000, to remain 

12 available until September 30, 2011. 

13 MILITARY CONSTRUCTION, NAVY RESERVE

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

18 States Code, and Military Construction Authorization Acts, 

19 $48,408,000, to remain available until September 30, 2011. 

20 MILITARY CONSTRUCTION, AIR FORCE RESERVE

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

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


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1 Construction Authorization Acts, $44,936,000, to remain 

2 available until September 30, 2011. 

3 NORTH ATLANTIC TREATY ORGANIZATION

4 SECURITY INVESTMENT PROGRAM

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

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

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

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

12 Construction Authorization Acts, $205,985,000, to remain 

13 available until expended. 

14 FAMILY HOUSING CONSTRUCTION, ARMY

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

18 $578,791,000, to remain available until September 30, 

19 2011. 

20 FAMILY HOUSING OPERATION AND MAINTENANCE, ARMY

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

23 minor construction, principal and interest charges, and in24 surance premiums, as authorized by law, $675,617,000. 


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1 FAMILY HOUSING CONSTRUCTION, NAVY AND MARINE

2 CORPS

3 For expenses of family housing for the Navy and Ma4 rine Corps for construction, including acquisition, replace5 ment, addition, expansion, extension, and alteration, as au6 thorized by law, $305,071,000, to remain available until 

7 September 30, 2011. 

8 FAMILY HOUSING OPERATION AND MAINTENANCE, NAVY

9 AND MARINE CORPS

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

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

14 $498,525,000. 

15 FAMILY HOUSING CONSTRUCTION, AIR FORCE

16 (INCLUDING RESCISSIONS OF FUNDS)

17 For expenses of family housing for the Air Force for 

18 construction, including acquisition, replacement, addition, 

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

20 $1,182,138,000, to remain available until September 30, 

21 2011: Provided, That of the funds appropriated for ‘‘Family 

22 Housing Construction, Air Force’’ under Public Law 108– 

23 324, $23,400,000 are hereby rescinded: Provided further, 

24 That of the funds appropriated for ‘‘Family Housing ConVerDate Aug 31 2005 22:02 Nov 16, 2006 Jkt 059196 PO 00000 Frm 00068 Fmt 6652 Sfmt 6203 E:\BILLS\H5385.PP H5385

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1 struction, Air Force’’ under Public Law 109–114, 

2 $42,800,000 are hereby rescinded. 

3 FAMILY HOUSING OPERATION AND MAINTENANCE, AIR

4 FORCE

5 For expenses of family housing for the Air Force for 

6 operation and maintenance, including debt payment, leas7 ing, minor construction, principal and interest charges, 

8 and insurance premiums, as authorized by law, 

9 $755,071,000. 

10 FAMILY HOUSING CONSTRUCTION, DEFENSE-WIDE

11 For expenses of family housing for the activities and 

12 agencies of the Department of Defense (other than the mili13 tary departments) for construction, including acquisition, 

14 replacement, addition, expansion, extension, and alteration, 

15 as authorized by law, $8,808,000, to remain available until 

16 September 30, 2011. 

17 FAMILY HOUSING OPERATION AND MAINTENANCE, 

18 DEFENSE-WIDE

19 For expenses of family housing for the activities and 

20 agencies of the Department of Defense (other than the mili21 tary departments) for operation and maintenance, leasing, 

22 and minor construction, as authorized by law, $48,506,000. 


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1 DEPARTMENT OF DEFENSE FAMILY HOUSING

2 IMPROVEMENT FUND

3 For the Department of Defense Family Housing Im4 provement Fund, $2,500,000, to remain available until ex5 pended, for family housing initiatives undertaken pursuant 

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

7 alternative means of acquiring and improving military 

8 family housing and supporting facilities. 

9 CHEMICAL DEMILITARIZATION CONSTRUCTION, DEFENSE10 WIDE

11 For expenses of construction, not otherwise provided 

12 for, necessary for the destruction of the United States stock13 pile of lethal chemical agents and munitions in accordance 

14 with section 1412 of the Department of Defense Authoriza15 tion Act, 1986 (50 U.S.C. 1521), and for the destruction 

16 of other chemical warfare materials that are not in the 

17 chemical weapon stockpile, as currently authorized by law, 

18 $140,993,000, to remain available until September 30, 

19 2011, which shall be only for the Assembled Chemical Weap20 ons Alternatives program. 

21 DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 1990 

22 For deposit into the Department of Defense Base Clo23 sure Account 1990, established by section 2906(a)(1) of the 

24 Defense Base Closure and Realignment Act of 1990 (10 


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1 U.S.C. 2687 note), $191,220,000, to remain available until 

2 expended. 

3 DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 2005 

4 For deposit into the Department of Defense Base Clo5 sure Account 2005, established by section 2906A(a)(1) of the 

6 Defense Base Closure and Realignment Act of 1990 (10 

7 U.S.C. 2687 note), $5,237,100,000, to remain available 

8 until expended. 

9 ADMINISTRATIVE PROVISIONS

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

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

15 Secretary of Defense setting forth the reasons therefor. 

16 SEC. 102. Funds made available in this title for con17 struction shall be available for hire of passenger motor vehi18 cles. 

19 SEC. 103. Funds made available in this title for con20 struction may be used for advances to the Federal Highway 

21 Administration, Department of Transportation, for the con22 struction of access roads as authorized by section 210 of 

23 title 23, United States Code, when projects authorized there24 in are certified as important to the national defense by the 

25 Secretary of Defense. 


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

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

3 United States for which specific appropriations have not 

4 been made. 

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

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

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

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

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

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

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

14 be in the public interest. 

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

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

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

18 except housing for which funds have been made available 

19 in annual Acts making appropriations for military con20 struction. 

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

22 title for minor construction may be used to transfer or relo23 cate any activity from one base or installation to another, 

24 without prior notification to the Committees on Appropria25 tions of both Houses of Congress. 


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

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

5 opportunity to compete for such steel procurement. 

6 SEC. 109. None of the funds available to the Depart7 ment of Defense for military construction or family housing 

8 during the current fiscal year may be used to pay real prop9 erty taxes in any foreign nation. 

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

11 title may be used to initiate a new installation overseas 

12 without prior notification to the Committees on Appropria13 tions of both Houses of Congress. 

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

15 title may be obligated for architect and engineer contracts 

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

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

18 Organization member country, or in countries bordering the 

19 Arabian Sea if that country has not increased its defense 

20 spending by at least 3 percent in calendar year 2005, unless 

21 such contracts are awarded to United States firms or 

22 United States firms in joint venture with host nation firms. 

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

24 title for military construction in the United States terri25 tories and possessions in the Pacific and on Kwajalein 


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

2 used to award any contract estimated by the Government 

3 to exceed $1,000,000 to a foreign contractor: Provided, That 

4 this section shall not be applicable to contract awards for 

5 which the lowest responsive and responsible bid of a United 

6 States contractor exceeds the lowest responsive and respon7 sible bid of a foreign contractor by greater than 20 percent: 

8 Provided further, That this section shall not apply to con9 tract awards for military construction on Kwajalein Atoll 

10 for which the lowest responsive and responsible bid is sub11 mitted by a Marshallese contractor. 

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

13 appropriate committees of both Houses of Congress, includ14 ing the Committees on Appropriations, of the plans and 

15 scope of any proposed military exercise involving United 

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

17 expended for construction, either temporary or permanent, 

18 are anticipated to exceed $750,000. 

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

20 available in this title which are limited for obligation dur21 ing the current fiscal year shall be obligated during the last 

22 two months of the fiscal year. 

23 (INCLUDING TRANSFER OF FUNDS)

24 SEC. 115. Funds appropriated to the Department of 

25 Defense for construction in prior years shall be available 

26 for construction authorized for each such military departVerDate Aug 31 2005 22:02 Nov 16, 2006 Jkt 059196 PO 00000 Frm 00074 Fmt 6652 Sfmt 6203 E:\BILLS\H5385.PP H5385

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1 ment by the authorizations enacted into law during the cur2 rent session of Congress. 

3 SEC. 116. For military construction or family housing 

4 projects that are being completed with funds otherwise ex5 pired or lapsed for obligation, expired or lapsed funds may 

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

7 overhead, engineering and design on those projects and on 

8 subsequent claims, if any. 

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

10 any funds made available to a military department or de11 fense agency for the construction of military projects may 

12 be obligated for a military construction project or contract, 

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

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

15 year for which funds for such project were made available, 

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

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

18 do not exceed the amount appropriated for such project, 

19 plus any amount by which the cost of such project is in20 creased pursuant to law. 

21 SEC. 118. (a) Not later than December 1, 2006, the 

22 Secretary of Defense, in consultation with the Secretary of 

23 State, shall submit to the Committees on Appropriations 

24 of both Houses of Congress a report on actions taken by 

25 the Department of Defense and the Department of State 


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1 during the previous fiscal year to encourage host countries 

2 to assume a greater share of the common defense burden 

3 of such countries and the United States. 

4 (b) The report under subsection (a) shall include a de5 scription of— 

6 (1) attempts to secure cash and in-kind contribu7 tions from host countries for military construction 

8 projects; 

9 (2) attempts to achieve economic incentives of10 fered by host countries to encourage private invest11 ment for the benefit of the United States Armed 

12 Forces; 

13 (3) attempts to recover funds due to be paid to 

14 the United States by host countries for assets deeded 

15 or otherwise imparted to host countries upon the ces16 sation of United States operations at military instal17 lations; 

18 (4) the amount spent by host countries on de19 fense, in dollars and in terms of the percent of gross 

20 domestic product (GDP) of the host country; and 

21 (5) for host countries that are members of the 

22 North Atlantic Treaty Organization (NATO), the 

23 amount contributed to NATO by host countries, in 

24 dollars and in terms of the percent of the total NATO 

25 budget. 


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1 (c) In this section, the term ‘‘host country’’ means 

2 other member countries of NATO, Japan, South Korea, and 

3 United States allies bordering the Arabian Sea. 

4 (INCLUDING TRANSFER OF FUNDS)

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

6 available to the Department of Defense, proceeds deposited 

7 to the Department of Defense Base Closure Account estab8 lished by section 207(a)(1) of the Defense Authorization 

9 Amendments and Base Closure and Realignment Act (10 

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

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

12 2906(a)(1) of the Defense Base Closure and Realignment 

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

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

15 period as that account. 

16 (INCLUDING TRANSFER OF FUNDS)

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

18 Committees on Appropriations of both Houses of Congress, 

19 such additional amounts as may be determined by the Sec20 retary of Defense may be transferred to: (1) the Department 

21 of Defense Family Housing Improvement Fund from 

22 amounts appropriated for construction in ‘‘Family Hous23 ing’’ accounts, to be merged with and to be available for 

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

25 amounts appropriated directly to the Fund; or (2) the De26 partment of Defense Military Unaccompanied Housing ImVerDate Aug 31 2005 22:02 Nov 16, 2006 Jkt 059196 PO 00000 Frm 00077 Fmt 6652 Sfmt 6203 E:\BILLS\H5385.PP H5385

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1 provement Fund from amounts appropriated for construc2 tion of military unaccompanied housing in ‘‘Military Con3 struction’’ accounts, to be merged with and to be available 

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

5 amounts appropriated directly to the Fund: Provided, That 

6 appropriations made available to the Funds shall be avail7 able to cover the costs, as defined in section 502(5) of the 

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

9 guarantees issued by the Department of Defense pursuant 

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

11 10, United States Code, pertaining to alternative means of 

12 acquiring and improving military family housing, military 

13 unaccompanied housing, and supporting facilities. 

14 SEC. 121. (a) Not later than 60 days before issuing 

15 any solicitation for a contract with the private sector for 

16 military family housing the Secretary of the military de17 partment concerned shall submit to the Committees on Ap18 propriations of both Houses of Congress the notice described 

19 in subsection (b). 

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

21 of any guarantee (including the making of mortgage or 

22 rental payments) proposed to be made by the Secretary to 

23 the private party under the contract involved in the event 

24 of— 


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1 (A) the closure or realignment of the installation 

2 for which housing is provided under the contract; 

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

4 such installation; or 

5 (C) the extended deployment overseas of units 

6 stationed at such installation. 

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

8 nature of the guarantee involved and assess the extent and 

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

10 with respect to the guarantee. 

11 (INCLUDING TRANSFER OF FUNDS)

12 SEC. 122. In addition to any other transfer authority 

13 available to the Department of Defense, amounts may be 

14 transferred from the accounts established by sections 

15 2906(a)(1) and 2906A(a)(1) of the Defense Base Closure 

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

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

18 Cities and Metropolitan Development Act of 1966 (42 

19 U.S.C. 3374) to pay for expenses associated with the Home20 owners Assistance Program. Any amounts transferred shall 

21 be merged with and be available for the same purposes and 

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

23 SEC. 123. Notwithstanding this or any other provision 

24 of law, funds made available in this title for operation and 

25 maintenance of family housing shall be the exclusive source 

26 of funds for repair and maintenance of all family housing 


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

2 That not more than $35,000 per unit may be spent annu3 ally for the maintenance and repair of any general or flag 

4 officer quarters without 30 days prior notification to the 

5 Committees on Appropriations of both Houses of Congress, 

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

7 if the limitation is exceeded solely due to costs associated 

8 with environmental remediation that could not be reason9 ably anticipated at the time of the budget submission: Pro10 vided further, That the Under Secretary of Defense (Comp11 troller) is to report annually to the Committees on Appro12 priations of both Houses of Congress all operation and 

13 maintenance expenditures for each individual general or 

14 flag officer quarters for the prior fiscal year: Provided fur15 ther, That nothing in this section precludes the Secretary 

16 of a military department, after notifying the congressional 

17 defense committees and waiting 21 days, from using funds 

18 derived under section 2601, chapter 403, chapter 603, or 

19 chapter 903 of title 10, United States Code, for the mainte20 nance or repair of general and flag officer quarters at the 

21 military service academy under the jurisdiction of that Sec22 retary: Provided further, That each Secretary of a military 

23 department shall provide an annual report by February 15 

24 to the congressional defense committees on the amount of 

25 funds that were derived under section 2601, chapter 403, 


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1 chapter 603, or chapter 903 of title 10, United States Code, 

2 in the previous year and were obligated for the construction, 

3 improvement, repair, or maintenance of any military facil4 ity or infrastructure. 

5 SEC. 124. Amounts contained in the Ford Island Im6 provement Account established by subsection (h) of section 

7 2814 of title 10, United States Code, are appropriated and 

8 shall be available until expended for the purposes specified 

9 in subsection (i)(1) of such section or until transferred pur10 suant to subsection (i)(3) of such section. 

11 (INCLUDING TRANSFER OF FUNDS)

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

13 title, or in any Act making appropriations for military 

14 construction which remain available for obligation, may be 

15 obligated or expended to carry out a military construction, 

16 land acquisition, or family housing project at or for a mili17 tary installation approved for closure, or at a military in18 stallation for the purposes of supporting a function that has 

19 been approved for realignment to another installation, in 

20 2005 under the Defense Base Closure and Realignment Act 

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

22 U.S.C. 2687 note), unless such a project at a military in23 stallation approved for realignment will support a con24 tinuing mission or function at that installation or a new 

25 mission or function that is planned for that installation, 

26 or unless the Secretary of Defense certifies that the cost to 


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1 the United States of carrying out such project would be less 

2 than the cost to the United States of cancelling such project, 

3 or if the project is at an active component base that shall 

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

5 multi-agency use, that another Government agency has in6 dicated it will assume ownership of the completed project. 

7 The Secretary of Defense may not transfer funds made 

8 available as a result of this limitation from any military 

9 construction project, land acquisition, or family housing 

10 project to another account or use such funds for another 

11 purpose or project without the prior approval of the Com12 mittees on Appropriations of both Houses of Congress. This 

13 section shall not apply to military construction projects, 

14 land acquisition, or family housing projects for which the 

15 project is vital to the national security or the protection 

16 of health, safety, or environmental quality: Provided, That 

17 the Secretary of Defense shall notify the congressional de18 fense committees within seven days of a decision to carry 

19 out such a military construction project. 

20 SEC. 126. Section 3001(o) of the Emergency Supple21 mental Appropriations Act for Defense and for the Recon22 struction of Iraq and Afghanistan, 2004 (Public Law 108– 

23 106; 117 Stat. 1238; 5 U.S.C. App., note to section 8G of 

24 Public Law 95–452), as amended by section 1054(b) of the 

25 John Warner National Defense Authorization Act for Fiscal 


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1 Year 2007 (Public Law 109–364), is amended to read as 

2 follows: 

3 ‘‘(o) TERMINATION.—(1)(A) The Office of the Inspector 

4 General shall terminate 10 months after 80 percent of the 

5 funds appropriated or otherwise made available to the Iraq 

6 Relief and Reconstruction Fund have been expended. 

7 ‘‘(B) For purposes of calculating the termination of 

8 the Office of the Inspector General under this subsection, 

9 any United States funds appropriated or otherwise made 

10 available for fiscal year 2006 for the reconstruction of Iraq, 

11 irrespective of the designation of such funds, shall be deemed 

12 to be amounts appropriated or otherwise made available to 

13 the Iraq Relief and Reconstruction Fund. 

14 ‘‘(2) The Special Inspector General for Iraq Recon15 struction shall, prior to the termination of the Office of the 

16 Special Inspector General under paragraph (1), prepare a 

17 final forensic audit report on all funds deemed to be 

18 amounts appropriated or otherwise made available to the 

19 Iraq Relief and Reconstruction Fund.’’. 

20 SEC. 127. (a) Of the amount appropriated or otherwise 

21 made available by this title under the heading ‘‘FAMILY

22 HOUSING OPERATION AND MAINTENANCE, ARMY’’, 

23 $7,500,000 may be available for the lease of not more than 

24 300 additional housing units in the vicinity of Fairbanks, 


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1 Alaska. Such funds may not be available for the construc2 tion or purchase of such units. 

3 (b)(1) The total cost of a unit leased under subsection 

4 (a), including the cost of utilities, maintenance, and oper5 ation, may not exceed $25,000 per year. 

6 (2) A lease entered into under subsection (a) may not 

7 exceed 5 years in duration or include an option to extend 

8 the lease beyond the 5-year period beginning on the date 

9 the lease commences. 

10 SEC. 128. (a) The amount appropriated or otherwise 

11 made available by this title under the heading ‘‘MILITARY

12 CONSTRUCTION, NAVY AND MARINE CORPS’’ and available 

13 for ‘‘Replacement Vehicle Bridge, Increment 2, Naval Sta14 tion, Newport, Rhode Island’’ is hereby increased by 

15 $3,410,000. 

16 (b) The amount appropriated or otherwise made avail17 able by this title under the heading ‘‘MILITARY CONSTRUC18 TION, NAVY AND MARINE CORPS’’ and available for ‘‘Haz19 ardous Material Storage Facility, Naval Station Newport, 

20 Rhode Island’’ is hereby reduced by $3,410,000. 

21 SEC. 129. (a) The amount appropriated or otherwise 

22 made available by this title under the heading ‘‘MILITARY

23 CONSTRUCTION, AIR FORCE’’ is hereby increased by 

24 $750,000. 


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1 (b) Of the amount appropriated or otherwise made 

2 available by this title under the heading ‘‘MILITARY CON3 STRUCTION, AIR FORCE’’, as increased by subsection (a), 

4 $750,000 may be available for the Air Force Financial 

5 Management Center. 

6 (c) The amount appropriated or otherwise made avail7 able by this title under the heading ‘‘NORTH ATLANTIC

8 TREATY ORGANIZATION SECURITY INVESTMENT PROGRAM’’ 

9 is hereby reduced by $750,000. 

10 SEC. 130. Subsection (c) of section 1077 of the John 

11 Warner National Defense Authorization Act for Fiscal Year 

12 2007 (Public Law 109–364) is hereby repealed. 

13 SEC. 131. (a) The amount available for ‘‘MILITARY

14 CONSTRUCTION, AIR FORCE’’ is hereby reduced by 

15 $25,400,000 for ‘‘Basic Expeditionary Airmen Training 

16 Facility, Lackland AFB, Texas’’. 

17 (b) The amount available for ‘‘Department of Defense 

18 Base Closure Account 2005’’ is hereby increased by 

19 $25,400,000. 

20 SEC. 132. Of the amount appropriated or otherwise 

21 made available by chapter 7 of title I of the Department 

22 of Defense, Emergency Supplemental Appropriations to Ad23 dress Hurricanes in the Gulf of Mexico, and Pandemic In24 fluenza Act, 2006 (Public Law 109–148) under the heading 

25 ‘‘MILITARY CONSTRUCTION, NAVY AND MARINE CORPS’’ 


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1 and available for the replacement of a Bachelor Enlisted 

2 Quarters at Naval Construction Battalion Center, Gulfport, 

3 Mississippi, $13,400,000 may be available for the construc4 tion of an additional Bachelor Enlisted Quarters at Naval 

5 Construction Battalion Center, Gulfport, Mississippi. 

6 TITLE II 

7 DEPARTMENT OF VETERANS AFFAIRS 

8 VETERANS BENEFITS PROGRAMS

9 COMPENSATION AND PENSIONS

10 (INCLUDING TRANSFER OF FUNDS)

11 For the payment of compensation benefits to or on be12 half of veterans and a pilot program for disability examina13 tions as authorized by law (38 U.S.C. 107, chapters 11, 13, 

14 18, 51, 53, 55, and 61); pension benefits to or on behalf 

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

16 51, 53, 55, and 61; 92 Stat. 2508); and burial benefits, the 

17 Reinstated Entitlement Program for Survivors, emergency 

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

19 and certificates, payment of premiums due on commercial 

20 life insurance policies guaranteed under the provisions of 

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

22 App. 540 et seq.) and for other benefits as authorized by 

23 law (38 U.S.C. 107, 1312, 1977, and 2106, chapters 23, 

24 51, 53, 55, and 61; 43 Stat. 122, 123; 45 Stat. 735; 76 

25 Stat. 1198), $38,007,095,000, to remain available until ex26 pended: Provided, That not to exceed $28,112,000 of the 


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1 amount appropriated under this heading shall be reim2 bursed to ‘‘General operating expenses’’ and ‘‘Medical serv3 ices’’ for necessary expenses in implementing the provisions 

4 of chapters 51, 53, and 55 of title 38, United States Code, 

5 the funding source for which is specifically provided as the 

6 ‘‘Compensation and pensions’’ appropriation: Provided fur7 ther, That such sums as may be earned on an actual quali8 fying patient basis, shall be reimbursed to ‘‘Medical care 

9 collections fund’’ to augment the funding of individual med10 ical facilities for nursing home care provided to pensioners 

11 as authorized. 

12 READJUSTMENT BENEFITS

13 For the payment of readjustment and rehabilitation 

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

15 (38 U.S.C. chapters 21, 30, 31, 34, 35, 36, 39, 51, 53, 55, 

16 and 61), $3,262,006,000, to remain available until ex17 pended: Provided, That expenses for rehabilitation program 

18 services and assistance which the Secretary is authorized 

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

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

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

22 VETERANS INSURANCE AND INDEMNITIES

23 For military and naval insurance, national service life 

24 insurance, servicemen’s indemnities, service-disabled vet25 erans insurance, and veterans mortgage life insurance as 

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


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1 Stat. 887; 72 Stat. 487, $49,850,000, to remain available 

2 until expended. 

3 VETERANS HOUSING BENEFIT PROGRAM FUND PROGRAM

4 ACCOUNT

5 (INCLUDING TRANSFER OF FUNDS)

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

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

8 by subchapters I through III of chapter 37 of title 38, 

9 United States Code: Provided, That such costs, including 

10 the cost of modifying such loans, shall be as defined in sec11 tion 502 of the Congressional Budget Act of 1974: Provided 

12 further, That during fiscal year 2007, within the resources 

13 available, not to exceed $500,000 in gross obligations for 

14 direct loans are authorized for specially adapted housing 

15 loans. 

16 In addition, for administrative expenses to carry out 

17 the direct and guaranteed loan programs, $153,185,000. 

18 VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT

19 (INCLUDING TRANSFER OF FUNDS)

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

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

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

23 be as defined in section 502 of the Congressional Budget 

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

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1 tions for the principal amount of direct loans not to exceed 

2 $4,242,000. 

3 In addition, for administrative expenses necessary to 

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

5 be transferred to and merged with the appropriation for 

6 ‘‘General operating expenses’’. 

7 NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM

8 ACCOUNT

9 (INCLUDING TRANSFER OF FUNDS)

10 For administrative expenses to carry out the direct 

11 loan program authorized by subchapter V of chapter 37 of 

12 title 38, United States Code, $615,000: Provided, That no 

13 new loans in excess of $30,000,000 may be made in fiscal 

14 year 2007. 

15 GUARANTEED TRANSITIONAL HOUSING LOANS FOR

16 HOMELESS VETERANS PROGRAM ACCOUNT

17 For the administrative expenses to carry out the guar18 anteed transitional housing loan program authorized by 

19 subchapter VI of chapter 37 of title 38, United States Code, 

20 not to exceed $750,000 of the amounts appropriated by this 

21 Act for ‘‘General operating expenses’’ and ‘‘Medical serv22 ices’’ may be expended. 


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1 VETERANS HEALTH ADMINISTRATION

2 MEDICAL SERVICES

3 (INCLUDING TRANSFER OF FUNDS)

4 For necessary expenses for furnishing, as authorized 

5 by law, inpatient and outpatient care and treatment to 

6 beneficiaries of the Department of Veterans Affairs and vet7 erans described in section 1705(a) of title 38, United States 

8 Code, including care and treatment in facilities not under 

9 the jurisdiction of the Department, and including medical 

10 supplies and equipment and salaries and expenses of 

11 healthcare employees hired under title 38, United States 

12 Code, and aid to State homes as authorized by section 1741 

13 of title 38, United States Code; and for necessary expenses 

14 in the administration of the medical, hospital, nursing 

15 home, domiciliary, construction, supply, and research ac16 tivities, as authorized by law; administrative expenses in 

17 support of capital policy activities; and administrative and 

18 legal expenses of the Department for collecting and recov19 ering amounts owed the Department as authorized under 

20 chapter 17 of title 38, United States Code, and the Federal 

21 Medical Care Recovery Act (42 U.S.C. 2651 et seq.); 

22 $28,689,000,000, plus reimbursements: Provided, That of 

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

24 $1,350,000,000 shall be available until September 30, 2008: 

25 Provided further, That, notwithstanding any other provi26 sion of law, the Secretary of Veterans Affairs shall establish 


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1 a priority for treatment for veterans who are service-con2 nected disabled, lower income, or have special needs: Pro3 vided further, That, notwithstanding any other provision 

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

5 funding for the provision of basic medical benefits to vet6 erans in enrollment priority groups 1 through 6: Provided 

7 further, That, notwithstanding any other provision of law, 

8 the Secretary of Veterans Affairs may authorize the dis9 pensing of prescription drugs from Veterans Health Admin10 istration facilities to enrolled veterans with privately writ11 ten prescriptions based on requirements established by the 

12 Secretary: Provided further, That the implementation of the 

13 program described in the previous proviso shall incur no 

14 additional cost to the Department of Veterans Affairs. 

15 MEDICAL FACILITIES

16 For necessary expenses for the maintenance and oper17 ation of hospitals, nursing homes, and domiciliary facilities 

18 and other necessary facilities for the Veterans Health Ad19 ministration; for administrative expenses in support of 

20 planning, design, project management, real property acqui21 sition and disposition, construction and renovation of any 

22 facility under the jurisdiction or for the use of the Depart23 ment; for oversight, engineering and architectural activities 

24 not charged to project costs; for repairing, altering, improv25 ing or providing facilities in the several hospitals and 

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1 wise provided for, either by contract or by the hire of tem2 porary employees and purchase of materials; for leases of 

3 facilities; and for laundry and food services, 

4 $3,569,000,000, plus reimbursements, of which 

5 $250,000,000 shall be available until September 30, 2008. 

6 MEDICAL AND PROSTHETIC RESEARCH

7 For necessary expenses in carrying out programs of 

8 medical and prosthetic research and development as author9 ized by chapter 73 of title 38, United States Code, to remain 

10 available until September 30, 2008, $412,000,000, plus re11 imbursements, of which not less than $15,000,000 shall be 

12 used for Gulf War Illness research. 

13 NATIONAL CEMETERY ADMINISTRATION

14 For necessary expenses of the National Cemetery Ad15 ministration for operations and maintenance, not otherwise 

16 provided for, including uniforms or allowances therefor; 

17 cemeterial expenses as authorized by law; purchase of one 

18 passenger motor vehicle for use in cemeterial operations; 

19 and hire of passenger motor vehicles, $160,733,000, of which 

20 not to exceed $8,037,000 shall be available until September 

21 30, 2008. 

22 DEPARTMENTAL ADMINISTRATION

23 GENERAL OPERATING EXPENSES

24 (INCLUDING TRANSFER OF FUNDS)

25 For necessary operating expenses of the Department of 

26 Veterans Affairs, not otherwise provided for, including adVerDate Aug 31 2005 22:02 Nov 16, 2006 Jkt 059196 PO 00000 Frm 00092 Fmt 6652 Sfmt 6203 E:\BILLS\H5385.PP H5385

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1 ministrative expenses in support of Department-Wide cap2 ital planning, management and policy activities, uniforms 

3 or allowances therefor; not to exceed $25,000 for official re4 ception and representation expenses; hire of passenger 

5 motor vehicles; and reimbursement of the General Services 

6 Administration for security guard services, and the Depart7 ment of Defense for the cost of overseas employee mail, 

8 $1,467,764,000: Provided, That expenses for services and as9 sistance authorized under paragraphs (1), (2), (5), and (11) 

10 of section 3104(a) of title 38, United States Code, that the 

11 Secretary of Veterans Affairs determines are necessary to 

12 enable entitled veterans: (1) to the maximum extent feasible, 

13 to become employable and to obtain and maintain suitable 

14 employment; or (2) to achieve maximum independence in 

15 daily living, shall be charged to this account: Provided fur16 ther, That the Veterans Benefits Administration shall be 

17 funded at not less than $1,167,859,000: Provided further, 

18 That of the funds made available under this heading, not 

19 to exceed $75,000,000 shall be available for obligation until 

20 September 30, 2008: Provided further, That from the funds 

21 made available under this heading, the Veterans Benefits 

22 Administration may purchase up to two passenger motor 

23 vehicles for use in operations of that Administration in Ma24 nila, Philippines. 


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1 OFFICE OF INSPECTOR GENERAL

2 For necessary expenses of the Office of Inspector Gen3 eral, to include information technology, in carrying out the 

4 provisions of the Inspector General Act of 1978, 

5 $70,599,000, of which $3,474,950 shall remain available 

6 until September 30, 2008. 

7 CONSTRUCTION, MAJOR PROJECTS

8 For constructing, altering, extending and improving 

9 any of the facilities including parking projects under the 

10 jurisdiction or for the use of the Department of Veterans 

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

12 2404, 2406, 8102, 8103, 8106, 8108, 8109, 8110, and 8122 

13 of title 38, United States Code, including planning, archi14 tectural and engineering services, construction management 

15 services, maintenance or guarantee period services costs as16 sociated with equipment guarantees provided under the 

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

18 drainage system construction costs, and site acquisition, 

19 where the estimated cost of a project is more than the 

20 amount set forth in section 8104(a)(3)(A) of title 38, United 

21 States Code, or where funds for a project were made avail22 able in a previous major project appropriation, 

23 $429,000,000, to remain available until expended, of which 

24 $2,000,000 shall be to make reimbursements as provided in 

25 section 13 of the Contract Disputes Act of 1978 (41 U.S.C. 

26 612) for claims paid for contract disputes: Provided, That 


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1 except for advance planning activities, including needs as2 sessments which may or may not lead to capital invest3 ments, and other capital asset management related activi4 ties, such as portfolio development and management activi5 ties, and investment strategy studies funded through the ad6 vance planning fund and the planning and design activities 

7 funded through the design fund and CARES funds, includ8 ing needs assessments which may or may not lead to capital 

9 investments, none of the funds appropriated under this 

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

11 approved by the Congress in the budgetary process: Pro12 vided further, That funds provided in this appropriation 

13 for fiscal year 2007, for each approved project (except those 

14 for CARES activities referenced above) shall be obligated: 

15 (1) by the awarding of a construction documents contract 

16 by September 30, 2007; and (2) by the awarding of a con17 struction contract by September 30, 2008: Provided further, 

18 That the Secretary of Veterans Affairs shall promptly report 

19 in writing to the Committees on Appropriations of both 

20 Houses of Congress any approved major construction 

21 project in which obligations are not incurred within the 

22 time limitations established above. 

23 CONSTRUCTION, MINOR PROJECTS

24 For constructing, altering, extending, and improving 

25 any of the facilities including parking projects under the 

26 jurisdiction or for the use of the Department of Veterans 


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1 Affairs, including planning and assessments of needs which 

2 may lead to capital investments, architectural and engi3 neering services, maintenance or guarantee period services 

4 costs associated with equipment guarantees provided under 

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

6 storm drainage system construction costs, and site acquisi7 tion, or for any of the purposes set forth in sections 316, 

8 2404, 2406, 8102, 8103, 8106, 8108, 8109, 8110, 8122, and 

9 8162 of title 38, United States Code, where the estimated 

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

11 forth in section 8104(a)(3)(A) of title 38, United States 

12 Code, $168,000,000, to remain available until expended, 

13 along with unobligated balances of previous ‘‘Construction, 

14 minor projects’’ appropriations which are hereby made 

15 available for any project where the estimated cost is equal 

16 to or less than the amount set forth in such section for: (1) 

17 repairs to any of the nonmedical facilities under the juris18 diction or for the use of the Department which are necessary 

19 because of loss or damage caused by any natural disaster 

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

21 prevent or to minimize further loss by such causes. 

22 GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE

23 FACILITIES

24 For grants to assist States to acquire or construct 

25 State nursing home and domiciliary facilities and to re26 model, modify or alter existing hospital, nursing home and 


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1 domiciliary facilities in State homes, for furnishing care 

2 to veterans as authorized by sections 8131–8137 of title 38, 

3 United States Code, $85,000,000, to remain available until 

4 expended. 

5 GRANTS FOR CONSTRUCTION OF STATE VETERANS

6 CEMETERIES

7 For grants to aid States in establishing, expanding, 

8 or improving State veterans cemeteries as authorized by sec9 tion 2408 of title 38, United States Code, $32,000,000, to 

10 remain available until expended. 

11 INFORMATION TECHNOLOGY SYSTEMS

12 (INCLUDING TRANSFER OF FUNDS)

13 For necessary expenses for information technology sys14 tems and telecommunications support, including develop15 mental information systems and operational information 

16 systems; including pay and associated cost for operations 

17 and maintenance associated staff; for the capital asset ac18 quisition of information technology systems, including 

19 management and related contractual costs of said acquisi20 tions, including contractual costs associated with operations 

21 authorized by chapter 3109 of title 5, United States Code, 

22 $1,255,900,000, to remain available until September 30, 

23 2008: Provided, That none of these funds may be obligated 

24 until the Department of Veterans Affairs submits to the 

25 Committees on Appropriations of both Houses of Congress, 

26 and such Committees approve, a plan for expenditure that: 


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1 (1) meets the capital planning and investment control re2 view requirements established by the Office of Management 

3 and Budget; (2) complies with the Department of Veterans 

4 Affairs enterprise architecture; (3) conforms with an estab5 lished enterprise life cycle methodology; and (4) complies 

6 with the acquisition rules, requirements, guidelines, and 

7 systems acquisition management practices of the Federal 

8 Government: Provided further, That within 60 days of en9 actment of this Act, the Secretary of Veterans Affairs shall 

10 submit to the Committees on Appropriations of both Houses 

11 of Congress a reprogramming base letter which provides, 

12 by project, the costs included in this appropriation. 

13 ADMINISTRATIVE PROVISIONS

14 (INCLUDING TRANSFER OF FUNDS)

15 SEC. 201. Any appropriation for fiscal year 2007, in 

16 this Act or any other Act, for ‘‘Compensation and pen17 sions’’, ‘‘Readjustment benefits’’, and ‘‘Veterans insurance 

18 and indemnities’’ may be transferred as necessary to any 

19 other of the mentioned appropriations: Provided, That be20 fore a transfer may take place, the Secretary of Veterans 

21 Affairs shall request from the Committees on Appropria22 tions of both Houses of Congress the authority to make the 

23 transfer and an approval is issued, or absent a response, 

24 a period of 30 days has elapsed. 


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1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 202. Amounts made available for fiscal year 

3 2007, in this Act or any other Act, under the ‘‘Medical serv4 ices’’ and ‘‘Medical facilities’’ accounts may be transferred 

5 between the accounts to the extent necessary to implement 

6 the restructuring of the Veterans Health Administration ac7 counts: Provided, That before a transfer may take place, 

8 the Secretary of Veterans Affairs shall request from the 

9 Committees on Appropriations of both Houses of Congress 

10 the authority to make the transfer and an approval is 

11 issued. 

12 SEC. 203. Appropriations available in this title for sal13 aries and expenses shall be available for services authorized 

14 by section 3109 of title 5, United States Code, hire of pas15 senger motor vehicles; lease of a facility or land or both; 

16 and uniforms or allowances therefor, as authorized by sec17 tions 5901–5902 of title 5, United States Code. 

18 SEC. 204. No appropriations in this title (except the 

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

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

21 purchase of any site for the construction of any new hos22 pital or home. 

23 SEC. 205. No appropriations in this title shall be 

24 available for hospitalization or examination of any persons 

25 (except beneficiaries entitled under the laws bestowing such 


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1 benefits to veterans, and persons receiving such treatment 

2 under sections 7901–7904 of title 5, United States Code or 

3 the Robert T. Stafford Disaster Relief and Emergency As4 sistance Act (42 U.S.C. 5121 et seq.)), unless reimbursement 

5 of cost is made to the ‘‘Medical services’’ account at such 

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

7 SEC. 206. Appropriations available in this title for 

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

9 and ‘‘Veterans insurance and indemnities’’ shall be avail10 able for payment of prior year accrued obligations required 

11 to be recorded by law against the corresponding prior year 

12 accounts within the last quarter of fiscal year 2006. 

13 SEC. 207. Appropriations available in this title shall 

14 be available to pay prior year obligations of corresponding 

15 prior year appropriations accounts resulting from sections 

16 3328(a), 3334, and 3712(a) of title 31, United States Code, 

17 except that if such obligations are from trust fund accounts 

18 they shall be payable from ‘‘Compensation and pensions’’. 

19 SEC. 208. Notwithstanding any other provision of law, 

20 during fiscal year 2007, the Secretary of Veterans Affairs 

21 shall, from the National Service Life Insurance Fund (38 

22 U.S.C. 1920), the Veterans’ Special Life Insurance Fund 

23 (38 U.S.C. 1923), and the United States Government Life 

24 Insurance Fund (38 U.S.C. 1955), reimburse the ‘‘General 

25 operating expenses’’ account for the cost of administration 


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1 of the insurance programs financed through those accounts: 

2 Provided, That reimbursement shall be made only from the 

3 surplus earnings accumulated in an insurance program in 

4 fiscal year 2007 that are available for dividends in that 

5 program after claims have been paid and actuarially deter6 mined reserves have been set aside: Provided further, That 

7 if the cost of administration of an insurance program ex8 ceeds the amount of surplus earnings accumulated in that 

9 program, reimbursement shall be made only to the extent 

10 of such surplus earnings: Provided further, That the Sec11 retary shall determine the cost of administration for fiscal 

12 year 2007 which is properly allocable to the provision of 

13 each insurance program and to the provision of any total 

14 disability income insurance included in such insurance 

15 program. 

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

17 proceeds to reimburse an account for expenses incurred by 

18 that account during a prior fiscal year for providing en19 hanced-use lease services, may be obligated during the fiscal 

20 year in which the proceeds are received. 

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

22 salaries and other administrative expenses shall also be 

23 available to reimburse the Office of Resolution Management 

24 and the Office of Employment Discrimination Complaint 

25 Adjudication for all services provided at rates which will 


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1 recover actual costs but not exceed $31,246,000 for the Office 

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

3 Employment and Discrimination Complaint Adjudication: 

4 Provided, That payments may be made in advance for serv5 ices to be furnished based on estimated costs: Provided fur6 ther, That amounts received shall be credited to ‘‘General 

7 operating expenses’’ for use by the office that provided the 

8 service. 

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

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

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

12 the Secretary submits a report which the Committees on 

13 Appropriations of both Houses of Congress approve within 

14 30 days following the date on which the report is received. 

15 SEC. 212. No funds of the Department of Veterans Af16 fairs shall be available for hospital care, nursing home care, 

17 or medical services provided to any person under chapter 

18 17 of title 38, United States Code, for a non-service-con19 nected disability described in section 1729(a)(2) of such 

20 title, unless that person has disclosed to the Secretary of 

21 Veterans Affairs, in such form as the Secretary may require, 

22 current, accurate third-party reimbursement information 

23 for purposes of section 1729 of such title: Provided, That 

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

25 debt due the United States, the reasonable charges for such 


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1 care or services from any person who does not make such 

2 disclosure as required: Provided further, That any amounts 

3 so recovered for care or services provided in a prior fiscal 

4 year may be obligated by the Secretary during the fiscal 

5 year in which amounts are received. 

6 (INCLUDING TRANSFER OF FUNDS)

7 SEC. 213. Notwithstanding any other provision of law, 

8 at the discretion of the Secretary of Veterans Affairs, pro9 ceeds or revenues derived from enhanced-use leasing activi10 ties (including disposal) may be deposited into the ‘‘Con11 struction, major projects’’ and ‘‘Construction, minor 

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

13 site acquisition and disposition), alterations and improve14 ments of any medical facility under the jurisdiction or for 

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

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

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

18 projects’’. 

19 SEC. 214. Amounts made available under ‘‘Medical 

20 services’’ are available— 

21 (1) for furnishing recreational facilities, sup22 plies, and equipment; and 

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

24 other expenses incidental to funerals and burials for 

25 beneficiaries receiving care in the Department. 


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1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 215. Such sums as may be deposited to the Med3 ical Care Collections Fund pursuant to section 1729A of 

4 title 38, United States Code, may be transferred to ‘‘Medical 

5 services’’, to remain available until expended for the pur6 poses of this account. 

7 SEC. 216. Notwithstanding any other provision of law, 

8 the Secretary of Veterans Affairs shall allow veterans eligi9 ble under existing Department of Veterans Affairs medical 

10 care requirements and who reside in Alaska to obtain med11 ical care services from medical facilities supported by the 

12 Indian Health Service or tribal organizations. The Sec13 retary shall: (1) limit the application of this provision to 

14 rural Alaskan veterans in areas where an existing Depart15 ment of Veterans Affairs facility or Veterans Affairs-con16 tracted service is unavailable; (2) require participating vet17 erans and facilities to comply with all appropriate rules 

18 and regulations, as established by the Secretary; (3) require 

19 this provision to be consistent with Capital Asset Realign20 ment for Enhanced Services activities; and (4) result in no 

21 additional cost to the Department of Veterans Affairs or 

22 the Indian Health Service. 

23 (INCLUDING TRANSFER OF FUNDS)

24 SEC. 217. Such sums as may be deposited to the De25 partment of Veterans Affairs Capital Asset Fund pursuant 

26 to section 8118 of title 38, United States Code, may be 


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1 transferred to the ‘‘Construction, major projects’’ and ‘‘Con2 struction, minor projects’’ accounts, to remain available 

3 until expended for the purposes of these accounts. 

4 SEC. 218. None of the funds available to the Depart5 ment of Veterans Affairs, in this Act, or any other Act, may 

6 be used for payment for E-Gov initiatives. 

7 SEC. 219. None of the funds made available in this 

8 Act may be used to implement any policy prohibiting the 

9 Directors of the Veterans Integrated Service Networks from 

10 conducting outreach or marketing to enroll new veterans 

11 within their respective Networks. 

12 SEC. 220. The Secretary of Veterans Affairs shall sub13 mit to the Committees on Appropriations of both Houses 

14 of Congress a quarterly report on the financial status of 

15 the Veterans Health Administration. 

16 (INCLUDING TRANSFER OF FUNDS)

17 SEC. 221. Amounts made available under the ‘‘Medical 

18 services’’, ‘‘Medical facilities’’, ‘‘General operating ex19 penses’’, and ‘‘National Cemetery Administration’’ accounts 

20 for fiscal year 2007, may be transferred to or from the ‘‘In21 formation technology systems’’ account: Provided, That be22 fore a transfer may take place, the Secretary of Veterans 

23 Affairs shall request from the Committees on Appropria24 tions of both Houses of Congress the authority to make the 

25 transfer and an approval is issued. 


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1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 222. For purposes of perfecting the funding 

3 sources of the Department of Veterans Affairs’ new ‘‘Infor4 mation technology systems’’ account, funds made available 

5 for fiscal year 2007, in this or any other Act, may be trans6 ferred from the ‘‘General operating expenses’’, ‘‘National 

7 Cemetery Administration’’, and ‘‘Office of Inspector Gen8 eral’’ accounts to the ‘‘Medical services’’ account: Provided, 

9 That before a transfer may take place, the Secretary of Vet10 erans Affairs shall request from the Committees on Appro11 priations of both Houses of Congress the authority to make 

12 the transfer and an approval is issued. 

13 (INCLUDING TRANSFER OF FUNDS)

14 SEC. 223. Amounts made available for the ‘‘Informa15 tion technology systems’’ account may be transferred be16 tween projects: Provided, That no project may be increased 

17 or decreased by more than $1,000,000 of cost prior to sub18 mitting a request to the Committees on Appropriations of 

19 both Houses of Congress to make the transfer and an ap20 proval is issued, or absent a response, a period of 30 days 

21 has elapsed. 

22 SEC. 224. No funds in this Act may be deposited into 

23 the DOD/VA Health Care Sharing Incentive Fund. 

24 SEC. 225. The authority provided by section 2011 of 

25 title 38, United States Code, shall continue in effect through 

26 September 30, 2007. 


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1 SEC. 226. REPORTON USE OF LANDS AT WEST LOS

2 ANGELES DEPARTMENT OF VETERANS AFFAIRS MEDICAL

3 CENTER. (a) REPORT.— The Secretary of Veterans Affairs 

4 shall submit to Congress a report on the master plan of 

5 the Department of Veterans Affairs relating to the use of 

6 Department lands at the West Los Angeles Department of 

7 Veterans Medical Center, California. 

8 (b) REPORT ELEMENTS.—The report under subsection 

9 (a) shall set forth the following: 

10 (1) The master plan referred to in that sub11 section, if such a plan currently exists. 

12 (2) A current assessment of the master plan. 

13 (3) Any proposal of the Department for a vet14 erans park on the lands referred to in subsection (a), 

15 and an assessment of each such proposal. 

16 (4) Any proposal to use a portion of those lands 

17 as dedicated green space, and an assessment of each 

18 such proposal. 

19 (c) ALTERNATIVE REPORT ELEMENT.—If a master 

20 plan referred to in subsection (a) does not exist as of the 

21 date of enactment of this Act, the Secretary shall set forth 

22 in the report under that subsection, in lieu of the matters 

23 specified in paragraphs (1) and (2) of subsection (b), a plan 

24 for the development of a master plan for the use of the lands 

25 referred to in subsection (a) during the period beginning 


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1 on the date of the enactment of this Act and ending 25 years 

2 later and during the period beginning on the date of the 

3 enactment of this Act and ending 50 years later. The master 

4 plan referred to in subsection (a) shall be completed prior 

5 to the adoption of the Capital Asset Realignment for En6 hanced Services (CARES) plan for that property, or prior 

7 to the issuance of any enhanced use lease on the subject 

8 property. The CARES plan for the subject property shall 

9 be consistent with the master plan required by this section. 

10 (d) LIMITATIONS ON IMPLEMENTATION.— 

11 (1) IN GENERAL.—The Secretary may not imple12 ment any portion of the master plan referred to in 

13 subsection (a) until 120 days after the date of the re14 ceipt by the Committees on Appropriations of the 

15 Senate and the House of Representatives of the report 

16 required by that subsection. 

17 (2) ACTIONS OTHER THAN DIRECT VETERANS

18 SERVICES.—In the case of any portion of the master 

19 plan referred to in subsection (a) that does not relate 

20 exclusively to direct veterans services on the site re21 ferred to in subsection (a), the Secretary may not 

22 carry out such portion of the master plan without the 

23 approval of the Committees on Appropriations of the 

24 Senate and the House of Representatives. 


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1 (e) EXEMPTIONS.—Nothing contained in this provi2 sion shall prevent the Department of Veterans Affairs from 

3 providing maintenance, service or programs consistent with 

4 the mission of the Department. 

5 SEC. 227. None of the funds available to the Depart6 ment of Veterans Affairs, in this Act, or any other Act, may 

7 be used to replace the current system by which the Veterans 

8 Integrated Services Networks select and contract for diabetes 

9 monitoring supplies and equipment. 

10 SEC. 228. The major medical facility project for a De11 partment of Veterans Affairs Medical Center in New Orle12 ans, Louisiana, for which funds were appropriated for the 

13 Department of Veterans Affairs for the ‘‘Construction, 

14 major projects’’ account in Public Law 109–234 and Public 

15 Law 109–148 shall be treated for purposes of section 

16 8104(b) of title 38, United States Code, as a major medical 

17 facility project that has been specifically authorized by law, 

18 and the Secretary of Veterans Affairs may obligate and ex19 pend amounts so appropriated for that account for that 

20 project for the purchase of a site including property ex21 change for, and new construction, restoration, or replace22 ment of, the Department of Veterans Affairs Medical Center 

23 in New Orleans, Louisiana. 

24 SEC. 229. Of the amount appropriated by this title, 

25 up to $18,000,000 may be available for necessary expenses, 


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1 including salaries and expenses, for the provision of addi2 tional mental health services through centers for readjust3 ment counseling and related mental health services for vet4 erans under section 1712A of title 38, United States Code 

5 (commonly referred to as ‘‘Vet Centers’’), to veterans who 

6 served in combat in Iraq or Afghanistan. 

7 SEC. 230. Not later than 60 days after the date of the 

8 enactment of this Act, the Secretary of Veterans Affairs 

9 shall submit to the Committee on Appropriations of the 

10 Senate and the Committee on Appropriations of the House 

11 of Representatives a report on the actions taken by the Sec12 retary to test veterans for vestibular damage. 

13 SEC. 231. (a) INCREASE IN THRESHOLD FOR MAJOR

14 MEDICAL FACILITY PROJECTS.—Section 8104(a)(3)(A) of 

15 title 38, United States Code, is amended by striking 

16 ‘‘$7,000,000’’ and inserting ‘‘$10,000,000’’. 

17 (b) EFFECTIVE DATE.—The amendment made by sub18 section (a) shall take effect on October 1, 2006, and shall 

19 apply with respect to fiscal years beginning on or after that 

20 date. 

21 SEC. 232. Notwithstanding any other provision of law, 

22 the Secretary is authorized to carry out major medical fa23 cility projects and leases for which any funds have been ap24 propriated under this Act or any other Act. Further, for 

25 major medical facility projects authorized under Public 


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1 Law 108–170, the Secretary may carry out contracts 

2 through September 30, 2007, including land purchase on 

3 projects for which Phase I design has been authorized. 

4 SEC. 233. Of the amount appropriated by this title 

5 under the heading ‘‘VETERANS HEALTH ADMINISTRATION’’, 

6 up to $1,000,000 shall be available for the Office of Inspec7 tor General. 

8 SEC. 234. (a) COLOCATION OF COMMUNITY BASED

9 OUTPATIENT CLINIC WITH WAGNER INDIAN HEALTH

10 SERVICE UNIT, WAGNER, SOUTH DAKOTA.—No amount 

11 appropriated or otherwise made available for the Depart12 ment of Veterans Affairs by this title may be obligated or 

13 expended to implement a business plan of Veterans Inte14 grated Service Network 23 (VISN 23) for the implementa15 tion a Community Based Outpatient Clinic (CBOC) in 

16 Wagner, South Dakota, unless such business plan contains 

17 an evaluation and an analysis of the prospect of colocating 

18 such Community Based Outpatient Clinic with the Wagner 

19 Indian Health Service unit in Wagner, South Dakota. 

20 (b) AVAILABILITY OF AMOUNTS FOR EMERGENCY

21 ROOM SERVICES AT WAGNER INDIAN HEALTH SERVICE

22 UNIT.—Of the amount appropriated or otherwise made 

23 available to the Department of Veterans Affairs by this title 

24 under the heading ‘‘MEDICAL FACILITIES’’, at the discretion 

25 of the Secretary of the Department of Veterans Affairs up 


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1 to $500,000 may be available for emergency room services 

2 at the Wagner Indian Health Service unit pending imple3 mentation of a business plan meeting the requirements in 

4 subsection (a). 

5 SEC. 235. (a) STUDY ON COSTS OF COMPREHENSIVE

6 SERVICE PROGRAMS FOR HOMELESS VETERANS.—The Sec7 retary of Veterans Affairs shall carry out a study of costs 

8 associated with the Comprehensive Service Programs au9 thorized by sections 2011 and 2012 of title 38 United States 

10 Code. 

11 (b) REPORT.—Not later than 120 days after the date 

12 of the enactment of this Act, the Secretary shall submit to 

13 the Committees on Veterans’ Affairs and Appropriations of 

14 the Senate and the Committees on Veterans’ Affairs and Ap15 propriations of the House of Representatives a report on 

16 the study required by subsection (a). The report shall set 

17 forth the following: 

18 (1) The number of authorized and operational 

19 transitional housing beds and service centers under 

20 the programs referred to in subsection (a) in fiscal 

21 year 2006, and the number of such beds and centers 

22 in each State and in each Congressional District dur23 ing such fiscal year. 

24 (2) The cost in fiscal year 2006 of grants under 

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1 thorized and operational transitional housing beds 

2 and service centers under the programs referred to in 

3 that subsection. 

4 (3) The cost in fiscal year 2006 of per diem pay5 ments under section 2012 of title 38 United States 

6 Code, to authorized and operational transitional 

7 housing beds and service centers under the programs 

8 referred to in that subsection. 

9 (4) The number of applications received, scored 

10 as qualified, and awarded pursuant to the Capital 

11 Grant Notice of Funds Availability published on 

12 April 20, 2006. 

13 (5) The range of per diem payment rates, the av14 erage per diem payment rate, and the median per 

15 diem payment rate paid to recipients of grants under 

16 section 2012 of title 38, United States Code, in fiscal 

17 year 2006. 

18 (6) The number and percentage of total recipi19 ents of grants under section 2011 of title 38 United 

20 States Code, in fiscal year 2006 being paid under sec21 tion 2012 of title 38, United States Code, the rate au22 thorized for State homes for domiciliary care under 

23 section 1741(a)(1)(A) of that title for fiscal year 2006. 


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1 TITLE III 

2 RELATED AGENCIES 

3 AMERICAN BATTLE MONUMENTS COMMISSION 

4 SALARIES AND EXPENSES

5 For necessary expenses, not otherwise provided for, of 

6 the American Battle Monuments Commission, including the 

7 acquisition of land or interest in land in foreign countries; 

8 purchases and repair of uniforms for caretakers of national 

9 cemeteries and monuments outside of the United States and 

10 its territories and possessions; rent of office and garage 

11 space in foreign countries; purchase (one-for-one replace12 ment only) and hire of passenger motor vehicles; not to ex13 ceed $7,500 for official reception and representation ex14 penses; and insurance of official motor vehicles in foreign 

15 countries, when required by law of such countries, 

16 $37,088,000, to remain available until expended. 

17 FOREIGN CURRENCY FLUCTUATIONS

18 For necessary expenses, not otherwise provided for, of 

19 the American Battle Monuments Commission, $4,900,000, 

20 to remain available until expended, for purposes authorized 

21 by section 2109 of title 36, United States Code. 


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1 UNITED STATES COURT OF APPEALS FOR 

2 VETERANS CLAIMS 

3 SALARIES AND EXPENSES

4 For necessary expenses for the operation of the United 

5 States Court of Appeals for Veterans Claims as authorized 

6 by sections 7251–7298 of title 38, United States Code, 

7 $19,790,000: Provided, That $1,260,000 shall be available 

8 for the purpose of providing financial assistance as de9 scribed, and in accordance with the process and reporting 

10 procedures set forth, under this heading in Public Law 102– 

11 229. 

12 DEPARTMENT OF DEFENSE—CIVIL 

13 CEMETERIAL EXPENSES, ARMY

14 SALARIES AND EXPENSES

15 For necessary expenses, as authorized by law, for 

16 maintenance, operation, and improvement of Arlington Na17 tional Cemetery and Soldiers’ and Airmen’s Home Na18 tional Cemetery, including the purchase of two passenger 

19 motor vehicles for replacement only, and not to exceed 

20 $1,000 for official reception and representation expenses, 

21 $26,550,000, to remain available until expended. In addi22 tion, such sums as may be necessary for parking mainte23 nance, repairs and replacement, to be derived from the 

24 Lease of Department of Defense Real Property for Defense 

25 Agencies account. 


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1 ARMED FORCES RETIREMENT HOME 

2 For expenses necessary for the Armed Forces Retire3 ment Home to operate and maintain the Armed Forces Re4 tirement Home—Washington, District of Columbia and the 

5 Armed Forces Retirement Home—Gulfport, Mississippi, to 

6 be paid from funds available in the Armed Forces Retire7 ment Home Trust Fund, $54,846,000. 

8 ADMINISTRATIVE PROVISIONS 

9 SEC. 301. None of the funds in this title under the 

10 heading ‘‘American Battle Monuments Commission’’ shall 

11 be available for the Capital Security Costs Sharing pro12 gram. 

13 (INCLUDING RESCISSION OF FUNDS)

14 SEC. 302. (a) For an additional amount for ‘‘United 

15 States Court of Appeals for Veterans Claims, Salaries and 

16 Expenses’’, $500,000, to remain available until expended, 

17 for implementation of the Appellate Case Management Elec18 tronic Case Files System. 

19 (b) Of the amount appropriated under the heading 

20 ‘‘United States Court of Appeals for Veterans Claims, Sala21 ries and Expenses’’, in the Military Quality of Life, Mili22 tary Construction, and Veterans Affairs Appropriations 

23 Act, 2006 (Public Law 109–114), $500,000 are rescinded. 

24 (c) This section shall take effect immediately upon en25 actment of this Act. 


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1 TITLE IV 

2 GENERAL PROVISIONS 

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

4 this Act shall remain available for obligation beyond the 

5 current fiscal year unless expressly so provided herein. 

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

7 year 2007 pay raises for programs funded by this Act shall 

8 be absorbed within the levels appropriated in this Act. 

9 SEC. 403. None of the funds made available in this 

10 Act may be used for any program, project, or activity, when 

11 it is made known to the Federal entity or official to which 

12 the funds are made available that the program, project, or 

13 activity is not in compliance with any Federal law relating 

14 to risk assessment, the protection of private property rights, 

15 or unfunded mandates. 

16 SEC. 404. No part of any funds appropriated in this 

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

18 than for normal and recognized executive-legislative rela19 tionships, for publicity or propaganda purposes, and for 

20 the preparation, distribution or use of any kit, pamphlet, 

21 booklet, publication, radio, television or film presentation 

22 designed to support or defeat legislation pending before 

23 Congress, except in presentation to Congress itself. 

24 SEC. 405. All departments and agencies funded under 

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


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1 statutory authorities and funding, to expand their use of 

2 ‘‘E-Commerce’’ technologies and procedures in the conduct 

3 of their business practices and public service activities. 

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

5 Act may be transferred to any department, agency, or in6 strumentality of the United States Government except pur7 suant to a transfer made by, or transfer authority provided 

8 in, this Act or any other appropriations Act. 

9 SEC. 407. Unless stated otherwise, all reports and noti10 fications required by this Act shall be submitted to the Sub11 committee on Military Quality of Life and Veterans Affairs, 

12 and Related Agencies of the Committee on Appropriations 

13 of the House of Representatives and the Subcommittee on 

14 Military Construction and Veterans Affairs, and Related 

15 Agencies of the Committee on Appropriations of the Senate. 

16 TITLE V—DIGITAL AND 

17 WIRELESS TECHNOLOGY 

18 SEC. 501. SHORT TITLE. 

19 This title may be cited as the ‘‘Minority Serving Insti20 tution Digital and Wireless Technology Opportunity Act of 

21 2006’’. 

22 SEC. 502. ESTABLISHMENT OF PROGRAM. 

23 Section 5 of the Stevenson-Wydler Technology Innova24 tion Act of 1980 (15 U.S.C. 3704) is amended by inserting 

25 the following after subsection (f): 


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1 ‘‘(g) MINORITY SERVING INSTITUTION DIGITAL AND

2 WIRELESS TECHNOLOGY OPPORTUNITY PROGRAM.— 

3 ‘‘(1) IN GENERAL.—The Secretary, acting 

4 through the Under Secretary, shall establish a Minor5 ity Serving Institution Digital and Wireless Tech6 nology Opportunity Program to assist eligible institu7 tions in acquiring, and augmenting their use of, dig8 ital and wireless networking technologies to improve 

9 the quality and delivery of educational services at eli10 gible institutions. 

11 ‘‘(2) AUTHORIZED ACTIVITIES.—An eligible in12 stitution may use a grant, cooperative agreement, or 

13 contract awarded under this subsection— 

14 ‘‘(A) to acquire equipment, instrumenta15 tion, networking capability, hardware and soft16 ware, digital network technology, wireless tech17 nology, and infrastructure to further the objective 

18 of the Program described in paragraph (1); 

19 ‘‘(B) to develop and provide training, edu20 cation, and professional development programs, 

21 including faculty development, to increase the 

22 use of, and usefulness of, digital and wireless 

23 networking technology; 

24 ‘‘(C) to provide teacher education, including 

25 the provision of preservice teacher training and 


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1 in-service professional development at eligible in2 stitutions, library and media specialist training, 

3 and preschool and teacher aid certification to in4 dividuals who seek to acquire or enhance tech5 nology skills in order to use digital and wireless 

6 networking technology in the classroom or in7 structional process, including instruction in 

8 science, mathematics, engineering, and tech9 nology subjects; and 

10 ‘‘(D) to foster the use of digital and wireless 

11 networking technology to improve research and 

12 education, including scientific, mathematics, en13 gineering, and technology instruction. 

14 ‘‘(3) APPLICATION AND REVIEW PROCEDURES.— 

15 ‘‘(A) IN GENERAL.—To be eligible to receive 

16 a grant, cooperative agreement, or contract 

17 under this subsection, an eligible institution 

18 shall submit an application to the Under Sec19 retary at such time, in such manner, and con20 taining such information as the Under Secretary 

21 may require. Such application, at a minimum, 

22 shall include a description of how the funds will 

23 be used, including a description of any digital 

24 and wireless networking technology to be ac25 quired, and a description of how the institution 


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1 will ensure that digital and wireless networking 

2 will be made accessible to, and employed by, stu3 dents, faculty, and administrators. The Under 

4 Secretary, consistent with subparagraph (B), 

5 shall establish procedures to review such applica6 tions. The Under Secretary shall publish the ap7 plication requirements and review criteria in the 

8 Federal Register, along with a statement describ9 ing the availability of funds. 

10 ‘‘(B) REVIEW PANELS.—Each application 

11 submitted under this subsection by an eligible in12 stitution shall be reviewed by a panel of individ13 uals selected by the Under Secretary to judge the 

14 quality and merit of the proposal, including the 

15 extent to which the eligible institution can effec16 tively and successfully utilize the proposed grant, 

17 cooperative agreement, or contract to carry out 

18 the program described in paragraph (1). The 

19 Under Secretary shall ensure that the review 

20 panels include representatives of minority serv21 ing institutions and others who are knowledge22 able about eligible institutions and digital and 

23 wireless networking technology. The Under Sec24 retary shall ensure that no individual assigned 

25 under this subsection to review any application 


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1 has a conflict of interest with regard to that ap2 plication. The Under Secretary shall take into 

3 consideration the recommendations of the review 

4 panel in determining whether to award a grant, 

5 cooperative agreement, or contract to an eligible 

6 institution. 

7 ‘‘(C) MATCHING REQUIREMENT.—The 

8 Under Secretary may not award a grant, cooper9 ative agreement, or contract to an eligible insti10 tution under this subsection unless such institu11 tion agrees that, with respect to the costs in12 curred by the institution in carrying out the 

13 program for which the grant, cooperative agree14 ment, or contract was awarded, such institution 

15 shall make available, directly, or through dona16 tions from public or private entities, non-Federal 

17 contributions in an amount equal to one-quarter 

18 of the grant, cooperative agreement, or contract 

19 awarded by the Under Secretary, or $500,000, 

20 whichever is the lesser amount. The Under Sec21 retary shall waive the matching requirement for 

22 any institution or consortium with no endow23 ment, or an endowment that has a current dollar 

24 value lower than $50,000,000. 

25 ‘‘(D) AWARDS.— 


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1 ‘‘(i) LIMITATION.—An eligible institu2 tion that receives a grant, cooperative agree3 ment, or contract under this subsection that 

4 exceeds $2,500,000 shall not be eligible to re5 ceive another grant, cooperative agreement, 

6 or contract. 

7 ‘‘(ii) CONSORTIA.—Grants, cooperative 

8 agreements, and contracts may only be 

9 awarded to eligible institutions. Eligible in10 stitutions may seek funding under this sub11 section for consortia which may include 

12 other eligible institutions, a State or a State 

13 educational agency, local educational agen14 cies, institutions of higher education, com15 munity-based organizations, national non16 profit organizations, or businesses, includ17 ing minority businesses. 

18 ‘‘(iii) PLANNING GRANTS.—The Under 

19 Secretary may provide funds to develop 

20 strategic plans to implement such grants, 

21 cooperative agreements, or contracts. 

22 ‘‘(iv) INSTITUTIONAL DIVERSITY.—In 

23 awarding grants, cooperative agreements, 

24 and contracts to eligible institutions, the 

25 Under Secretary shall ensure, to the extent 


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1 practicable, that awards are made to all 

2 types of institutions eligible for assistance 

3 under this subsection. 

4 ‘‘(v) NEED.—In awarding funds under 

5 this subsection, the Under Secretary shall 

6 give priority to the institution with the 

7 greatest demonstrated need for assistance. 

8 ‘‘(E) ANNUAL REPORTAND EVALUATION.— 

9 ‘‘(i) ANNUAL REPORTREQUIRED FROM

10 RECIPIENTS.—Each institution that receives 

11 a grant, cooperative agreement, or contract 

12 awarded under this subsection shall provide 

13 an annual report to the Under Secretary on 

14 its use of the grant, cooperative agreement, 

15 or contract. 

16 ‘‘(ii) INDEPENDENTASSESSMENT.— 

17 Not later than 6 months after the date of 

18 enactment of this subsection, the Under Sec19 retary shall enter into a contract with the 

20 National Academy of Public Administration 

21 to conduct periodic assessments of the pro22 gram. The Assessments shall be conducted 

23 once every 3 years during the 10-year pe24 riod following the enactment of this sub25 section. The assessments shall include an 


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1 evaluation of the effectiveness of the pro2 gram in improving the education and 

3 training of students, faculty and staff at eli4 gible institutions that have been awarded 

5 grants, cooperative agreements, or contracts 

6 under the program; an evaluation of the ef7 fectiveness of the program in improving ac8 cess to, and familiarity with, digital and 

9 wireless networking technology for students, 

10 faculty, and staff at all eligible institutions; 

11 an evaluation of the procedures established 

12 under subparagraph (A); and recommenda13 tions for improving the program, including 

14 recommendations concerning the continuing 

15 need for Federal support. In carrying out 

16 its assessments, the National Academy of 

17 Public Administration shall review the re18 ports submitted to the Under Secretary 

19 under clause (i). 

20 ‘‘(iii) REPORTTO CONGRESS.—Upon 

21 completion of each independent assessment 

22 carried out under clause (ii), the Under 

23 Secretary shall transmit the assessment to 

24 Congress along with a summary of the 

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1 ment the recommendations of the National 

2 Academy of Public Administration. 

3 ‘‘(F) DEFINITIONS.—In this subsection: 

4 ‘‘(i) DIGITAL AND WIRELESS NET5 WORKING TECHNOLOGY.—The term ‘digital 

6 and wireless networking technology’ means 

7 computer and communications equipment 

8 and software that facilitates the trans9 mission of information in a digital format. 

10 ‘‘(ii) ELIGIBLE INSTITUTION.—The 

11 term ‘eligible institution’ means an institu12 tion that is— 

13 ‘‘(I) a historically Black college or 

14 university that is a part B institution, 

15 as defined in section 322(2) of the 

16 Higher Education Act of 1965 (20 

17 U.S.C. 1061(2)), or an institution de18 scribed in section 326(e)(1) of that Act 

19 (20 U.S.C. 1063b(e)(1)); 

20 ‘‘(II) a Hispanic-serving institu21 tion, as defined in section 502(a)(5) of 

22 the Higher Education Act of 1965 (20 

23 U.S.C. 1101a(a)(5)); 

24 ‘‘(III) a tribally controlled college 

25 or university, as defined in section 


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1 316(b)(3) of the Higher Education Act 

2 of 1965 (20 U.S.C. 1059c(b)(3)); 

3 ‘‘(IV) an Alaska Native-serving 

4 institution under section 317(b) of the 

5 Higher Education Act of 1965 (20 

6 U.S.C. 1059d(b)); or 

7 ‘‘(V) a Native Hawaiian-serving 

8 institution under section 317(b) of the 

9 Higher Education Act of 1965 (20 

10 U.S.C. 1059d(b)). 

11 ‘‘(iii) INSTITUTION OF HIGHER EDU12 CATION.—The term ‘institution of higher 

13 education’ has the meaning given the term 

14 in section 101 of the Higher Education Act 

15 of 1965 (20 U.S.C. 1001). 

16 ‘‘(iv) LOCAL EDUCATIONAL AGENCY.— 

17 The term ‘local educational agency’ has the 

18 meaning given the term in section 9101 of 

19 the Elementary and Secondary Education 

20 Act of 1965 (20 U.S.C. 7801). 

21 ‘‘(v) MINORITY BUSINESS.—The term 

22 ‘minority business’ includes HUBZone 

23 small business concerns (as defined in sec24 tion 3(p) of the Small Business Act (15 

25 U.S.C. 632(p)). 


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1 ‘‘(vi) MINORITY INDIVIDUAL.—The 

2 term ‘minority individual’ means an Amer3 ican Indian, Alaskan Native, Black (not of 

4 Hispanic origin), Hispanic (including per5 sons of Mexican, Puerto Rican, Cuban and 

6 Central or South American origin), or Pa7 cific Islander individual. 

8 ‘‘(vii) STATE.—The term ‘State’ has 

9 the meaning given the term in section 9101 

10 of the Elementary and Secondary Edu11 cation Act of 1965 (20 U.S.C. 7801). 

12 ‘‘(viii) STATE EDUCATIONAL AGEN13 CY.—The term ‘State educational agency’ 

14 has the meaning given the term in section 

15 9101 of the Elementary and Secondary 

16 Education Act of 1965 (20 U.S.C. 7801).’’. 

17 SEC. 503. AUTHORIZATION OF APPROPRIATIONS. 

18 There are authorized to be appropriated to the Tech19 nology Administration of the Department of Commerce to 

20 carry out section 5(g) of the Stevenson-Wydler Technology 

21 Innovation Act of 1980 such sums as may be necessary for 

22 each of the fiscal years 2007 through 2010. 

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

24 and Veterans Affairs and Related Agencies Appropriations 

25 Act, 2007’’. 


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Amend the title so as to read: ‘‘An Act making appropriations for Military Construction and Veterans Affairs, and Related Agencies for the fiscal year ending 

September 30, 2007, and for other purposes.’’. 

Passed the House of Representatives May 19, 2006. 

Attest: KAREN L. HAAS, 

Clerk. 

Passed the Senate November 14, 2006. 

Attest: EMILY J. REYNOLDS, 

Secretary. 


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