109TH CONGRESS 

2D SESSION H. R. 5385

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

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for 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:

9 TITLE I 

10 DEPARTMENT OF DEFENSE 

11 MILITARY CONSTRUCTION, ARMY

12 (INCLUDING RESCISSION OF FUNDS)

13 For acquisition, construction, installation, and equip14 ment of temporary or permanent public works, military 

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

16 currently authorized by law, including personnel in the 

17 Army Corps of Engineers and other personal services nec18 essary for the purposes of this appropriation, and for con19 struction and operation of facilities in support of the func20 tions of the Commander in Chief, $1,756,298,000, to re21 main available until September 30, 2011: Provided, That 

22 of this amount, not to exceed $220,830,000 shall be avail23 able for study, planning, design, architect and engineer 

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

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

2 the Committees on Appropriations of both Houses of Con3 gress of the determination and the reasons therefor: Pro4 vided further, That of the funds appropriated for ‘‘Military 

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

6 $43,348,000 are hereby rescinded. 

7 MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

8 (INCLUDING RESCISSIONS OF FUNDS)

9 For acquisition, construction, installation, and equip10 ment of temporary or permanent public works, naval in11 stallations, facilities, and real property for the Navy and 

12 Marine Corps as currently authorized by law, including 

13 personnel in the Naval Facilities Engineering Command 

14 and other personal services necessary for the purposes of 

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

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

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

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

19 authorized by law, unless the Secretary of Defense deter20 mines that additional obligations are necessary for such 

21 purposes and notifies the Committees on Appropriations 

22 of both Houses of Congress of the determination and the 

23 reasons therefor: Provided further, That of the funds ap24 propriated for ‘‘Military Construction, Navy and Marine 

25 Corps’’ under Public Law 108–132, $30,000,000 are here-
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1 by rescinded: Provided further, That of the funds appro2 priated for ‘‘Military Construction, Navy and Marine 

3 Corps’’ under Public Law 108–324, $8,000,000 are here4 by rescinded. 

5 MILITARY CONSTRUCTION, AIR FORCE

6 (INCLUDING RESCISSION OF FUNDS)

7 For acquisition, construction, installation, and equip8 ment of temporary or permanent public works, military 

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

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

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

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

13 study, planning, design, and architect and engineer serv14 ices, as authorized by law, unless the Secretary of Defense 

15 determines that additional obligations are necessary for 

16 such purposes and notifies the Committees on Appropria17 tions of both Houses of Congress of the determination and 

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

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

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

21 MILITARY CONSTRUCTION, DEFENSE-WIDE

22 (INCLUDING TRANSFER AND RESCISSIONS OF FUNDS)

23 For acquisition, construction, installation, and equip24 ment of temporary or permanent public works, installa25 tions, facilities, and real property for activities and agen-
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1 cies of the Department of Defense (other than the military 

2 departments), as currently authorized by law, 

3 $1,107,606,000, to remain available until September 30, 

4 2011: Provided, That such amounts of this appropriation 

5 as may be determined by the Secretary of Defense may 

6 be transferred to such appropriations of the Department 

7 of Defense available for military construction or family 

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

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

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

11 transferred: Provided further, That of the amount appro12 priated, not to exceed $172,950,000 shall be available for 

13 study, planning, design, and architect and engineer serv14 ices, as authorized by law, unless the Secretary of Defense 

15 determines that additional obligations are necessary for 

16 such purposes and notifies the Committees on Appropria17 tions of both Houses of Congress of the determination and 

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

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

20 under Public Law 108–132, $9,000,000 are hereby re21 scinded: Provided further, That of the funds appropriated 

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

23 Law 108–324, $43,000,000 are hereby rescinded: Pro24 vided further, That of the funds appropriated for ‘‘Military 
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1 Construction, Defense-Wide’’ under Public Law 109–114, 

2 $58,229,000 are hereby rescinded. 

3 MILITARY CONSTRUCTION, ARMY NATIONAL GUARD

4 For construction, acquisition, expansion, rehabilita5 tion, and conversion of facilities for the training and ad6 ministration of the Army National Guard, and contribu7 tions therefor, as authorized by chapter 1803 of title 10, 

8 United States Code, and Military Construction Authoriza9 tion Acts, $512,873,000, to remain available until Sep10 tember 30, 2011. 

11 MILITARY CONSTRUCTION, AIR NATIONAL GUARD

12 For construction, acquisition, expansion, rehabilita13 tion, and conversion of facilities for the training and ad14 ministration of the Air National Guard, and contributions 

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

16 States Code, and Military Construction Authorization 

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

18 30, 2011. 

19 MILITARY CONSTRUCTION, ARMY RESERVE

20 For construction, acquisition, expansion, rehabilita21 tion, and conversion of facilities for the training and ad22 ministration of the Army Reserve as authorized by chapter 

23 1803 of title 10, United States Code, and Military Con24 struction Authorization Acts, $167,774,000, to remain 

25 available until September 30, 2011. 
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1 MILITARY CONSTRUCTION, NAVY RESERVE

2 For construction, acquisition, expansion, rehabilita3 tion, and conversion of facilities for the training and ad4 ministration of the reserve components of the Navy and 

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

6 United States Code, and Military Construction Authoriza7 tion Acts, $55,158,000, to remain available until Sep8 tember 30, 2011. 

9 MILITARY CONSTRUCTION, AIR FORCE RESERVE

10 For construction, acquisition, expansion, rehabilita11 tion, and conversion of facilities for the training and ad12 ministration of the Air Force Reserve as authorized by 

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

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

15 available until September 30, 2011. 

16 NORTH ATLANTIC TREATY ORGANIZATION

17 SECURITY INVESTMENT PROGRAM

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

19 Atlantic Treaty Organization Security Investment Pro20 gram for the acquisition and construction of military fa21 cilities and installations (including international military 

22 headquarters) and for related expenses for the collective 

23 defense of the North Atlantic Treaty Area as authorized 

24 by section 2806 of title 10, United States Code, and Mili-
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1 tary Construction Authorization Acts, $200,985,000, to 

2 remain available until expended. 

3 FAMILY HOUSING CONSTRUCTION, ARMY

4 For expenses of family housing for the Army for con5 struction, including acquisition, replacement, addition, ex6 pansion, extension, and alteration, as authorized by law, 

7 $578,791,000, to remain available until September 30, 

8 2011. 

9 FAMILY HOUSING OPERATION AND MAINTENANCE, 

10 ARMY

11 For expenses of family housing for the Army for op12 eration and maintenance, including debt payment, leasing, 

13 minor construction, principal and interest charges, and in14 surance premiums, as authorized by law, $674,657,000. 

15 FAMILY HOUSING CONSTRUCTION, NAVY AND MARINE

16 CORPS

17 For expenses of family housing for the Navy and Ma18 rine Corps for construction, including acquisition, replace19 ment, addition, expansion, extension, and alteration, as 

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

21 September 30, 2011. 

22 FAMILY HOUSING OPERATION AND MAINTENANCE, 

23 NAVY AND MARINE CORPS

24 For expenses of family housing for the Navy and Ma25 rine Corps for operation and maintenance, including debt 
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1 payment, leasing, minor construction, principal and inter2 est charges, and insurance premiums, as authorized by 

3 law, $509,126,000. 

4 FAMILY HOUSING CONSTRUCTION, AIR FORCE

5 (INCLUDING RESCISSIONS OF FUNDS)

6 For expenses of family housing for the Air Force for 

7 construction, including acquisition, replacement, addition, 

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

9 $1,169,138,000, to remain available until September 30, 

10 2011: Provided, That of the funds appropriated for ‘‘Fam11 ily Housing Construction, Air Force’’ under Public Law 

12 108–324, $23,400,000 are hereby rescinded: Provided fur13 ther, That of the funds appropriated for ‘‘Family Housing 

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

15 $42,800,000 are hereby rescinded. 

16 FAMILY HOUSING OPERATION AND MAINTENANCE, AIR

17 FORCE

18 For expenses of family housing for the Air Force for 

19 operation and maintenance, including debt payment, leas20 ing, minor construction, principal and interest charges, 

21 and insurance premiums, as authorized by law, 

22 $755,071,000.

23 FAMILY HOUSING CONSTRUCTION, DEFENSE-WIDE

24 For expenses of family housing for the activities and 

25 agencies of the Department of Defense (other than the 
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1 military departments) for construction, including acquisi2 tion, replacement, addition, expansion, extension, and al3 teration, as authorized by law, $8,808,000, to remain 

4 available until September 30, 2011. 

5 FAMILY HOUSING OPERATION AND MAINTENANCE, 

6 DEFENSE-WIDE

7 For expenses of family housing for the activities and 

8 agencies of the Department of Defense (other than the 

9 military departments) for operation and maintenance, 

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

11 $48,506,000. 

12 DEPARTMENT OF DEFENSE FAMILY HOUSING

13 IMPROVEMENT FUND

14 For the Department of Defense Family Housing Im15 provement Fund, $2,500,000, to remain available until ex16 pended, for family housing initiatives undertaken pursu17 ant to section 2883 of title 10, United States Code, pro18 viding alternative means of acquiring and improving mili19 tary family housing and supporting facilities. 

20 CHEMICAL DEMILITARIZATION CONSTRUCTION, 

21 DEFENSE-WIDE

22 (INCLUDING TRANSFER OF FUNDS)

23 For expenses of construction, not otherwise provided 

24 for, necessary for the destruction of the United States 

25 stockpile of lethal chemical agents and munitions in ac-
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1 cordance with the provisions of section 1412 of the De2 partment of Defense Authorization Act, 1986 (50 U.S.C. 

3 1521), and for the destruction of other chemical warfare 

4 materials that are not in the chemical weapon stockpile, 

5 as currently authorized by law, $90,993,000, to remain 

6 available until September 30, 2011: Provided, That such 

7 amounts of this appropriation as may be determined by 

8 the Secretary of Defense may be transferred to such ap9 propriations of the Department of Defense available for 

10 military construction as the Secretary may designate, to 

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

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

13 which transferred.

14 DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT

15 1990 

16 For deposit into the Department of Defense Base 

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

18 of the Defense Base Closure and Realignment Act of 1990 

19 (10 U.S.C. 2687 note), $216,220,000, to remain available 

20 until expended. 

21 DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT

22 2005

23 For deposit into the Department of Defense Base 

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

25 of the Defense Base Closure and Realignment Act of 1990 
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1 (10 U.S.C. 2687 note), $5,309,876,000, to remain avail2 able until expended. 

3 BASIC ALLOWANCE FOR HOUSING, ARMY

4 For basic allowance for housing, for members of the 

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

6 BASIC ALLOWANCE FOR HOUSING, NAVY

7 For basic allowance for housing, for members of the 

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

9 BASIC ALLOWANCE FOR HOUSING, MARINE CORPS

10 For basic allowance for housing, for members of the 

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

12 BASIC ALLOWANCE FOR HOUSING, AIR FORCE

13 For basic allowance for housing, for members of the 

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

15 BASIC ALLOWANCE FOR HOUSING, ARMY NATIONAL

16 GUARD

17 For basic allowance for housing, for members of the 

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

19 BASIC ALLOWANCE FOR HOUSING, AIR NATIONAL

20 GUARD

21 For basic allowance for housing, for members of the 

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

23 BASIC ALLOWANCE FOR HOUSING, ARMY RESERVE

24 For basic allowance for housing, for members of the 

25 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 con-
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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 bor-
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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 
26

•HR 5385 EH 

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 
27

•HR 5385 EH 

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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•HR 5385 EH 

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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•HR 5385 EH 

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 Appro-
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•HR 5385 EH 

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 
31

•HR 5385 EH 

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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•HR 5385 EH 

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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•HR 5385 EH 

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 
34

•HR 5385 EH 

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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•HR 5385 EH 

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 ex-
36

•HR 5385 EH 

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 

25 insurance, servicemen’s indemnities, service-disabled vet-
37

•HR 5385 EH 

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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•HR 5385 EH 

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,
40

•HR 5385 EH 

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 Recov-
41

•HR 5385 EH 

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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•HR 5385 EH 

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 
43

•HR 5385 EH 

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 method-
44

•HR 5385 EH 

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 
45

•HR 5385 EH 

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 
46

•HR 5385 EH 

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 
47

•HR 5385 EH 

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 re-
48

•HR 5385 EH 

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 in-
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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’’.

Passed the House of Representatives May 19, 2006. 

Attest:

Clerk. 
109TH CONGRESS 

2D SESSION H. R. 5385

AN ACT

Making appropriations for the military quality of 

poses. ending September 30, 2007, and for other purAffairs, and related agencies for the fiscal year tary construction, the Department of Veterans life functions of the Department of Defense, mili-