In the Senate of the United States,

November 14, 2006.

Resolved, That the bill from the House of Representatives (H.R. 5385) entitled ‘‘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.’’, do pass with the

following

AMENDMENTS:

Strike out all after the enacting clause and insert:

1 That the following sums are appropriated, out of any

2 money in the Treasury not otherwise appropriated, for

3 military construction, the Department of Veterans Affairs,

4 and related agencies for the fiscal year ending September

5 30, 2007, and for other purposes, namely:
 †

2

HR 5385 EAS

1 TITLE I

2 DEPARTMENT OF DEFENSE

3 MILITARY CONSTRUCTION, ARMY

4 (INCLUDING RESCISSIONS OF FUNDS)

5 For acquisition, construction, installation, and equip6 ment of temporary or permanent public works, military in7 stallations, 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, $2,172,622,000, to remain

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

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

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

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

17 Secretary of Defense determines that additional obligations

18 are necessary for such purposes and notifies the Committees

19 on Appropriations of both Houses of Congress of the deter20 mination and the reasons therefor: Provided further, That

21 of the funds appropriated for ‘‘Military Construction,

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

23 rescinded: Provided further, That of the funds appropriated

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

25 13, $125,800,000 are hereby rescinded: Provided further,
†

3

HR 5385 EAS

1 That of the amount provided under this heading,

2 $34,800,000 is designated as an emergency requirement

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

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

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

6 Law 109–234.

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 this

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

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

17 exceed $71,626,000 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, Navy and Marine Corps’’ under Public Law

25 108–132, $30,000,000 are hereby rescinded: Provided fur-
†

4

HR 5385 EAS

1 ther, That of the funds appropriated for ‘‘Military Con2 struction, Navy and Marine Corps’’ under Public Law 108–

3 324, $8,000,000 are hereby rescinded.

4 MILITARY CONSTRUCTION, AIR FORCE

5 (INCLUDING RESCISSIONS OF FUNDS)

6 For acquisition, construction, installation, and equip7 ment of temporary or permanent public works, military in8 stallations, facilities, and real property for the Air Force

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

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

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

12 study, planning, design, and architect and engineer serv13 ices, as authorized by law, unless the Secretary of Defense

14 determines that additional obligations are necessary for

15 such purposes and notifies the Committees on Appropria16 tions of both Houses of Congress of the determination and

17 the reasons therefor: Provided further, That of the funds ap18 propriated for ‘‘Military Construction, Air Force’’ under

19 Public Law 108–324, $2,694,000 are hereby rescinded: Pro20 vided further, That of the funds appropriated for ‘‘Military

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

22 $19,816,000 are hereby rescinded: Provided further, That

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

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

25 rescinded.
†

5

HR 5385 EAS

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
†

6

HR 5385 EAS

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 ad-
†

7

HR 5385 EAS

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
†

8

HR 5385 EAS

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.
†

9

HR 5385 EAS

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 Con-
†

10

HR 5385 EAS

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.
†

11

HR 5385 EAS

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
†

12

HR 5385 EAS

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.
†

13

HR 5385 EAS

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.
†

14

HR 5385 EAS

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
†

15

HR 5385 EAS

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 depart-
†

16

HR 5385 EAS

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
†

17

HR 5385 EAS

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.
†

18

HR 5385 EAS

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 Im-
†

19

HR 5385 EAS

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—
†

20

HR 5385 EAS

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
†

21

HR 5385 EAS

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,
†

22

HR 5385 EAS

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
†

23

HR 5385 EAS

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
†

24

HR 5385 EAS

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,
†

25

HR 5385 EAS

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.
†

26

HR 5385 EAS

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’’
†

27

HR 5385 EAS

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
†

28

HR 5385 EAS

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
†

29

HR 5385 EAS

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

25 under this heading are available to subsidize gross obliga-
†

30

HR 5385 EAS

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.
†

31

HR 5385 EAS

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
†

32

HR 5385 EAS

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

26 homes under the jurisdiction of the Department, not other-
†

33

HR 5385 EAS

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 ad-
†

34

HR 5385 EAS

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.
†

35

HR 5385 EAS

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
†

36

HR 5385 EAS

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
†

37

HR 5385 EAS

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
†

38

HR 5385 EAS

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:
†

39

HR 5385 EAS

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.
†

40

HR 5385 EAS

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
†

41

HR 5385 EAS

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
†

42

HR 5385 EAS

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
†

43

HR 5385 EAS

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
†

44

HR 5385 EAS

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.
†

45

HR 5385 EAS

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
†

46

HR 5385 EAS

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.
†

47

HR 5385 EAS

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.
†

48

HR 5385 EAS

1 SEC. 226. REPORT ON 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
†

49

HR 5385 EAS

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.
†

50

HR 5385 EAS

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,
†

51

HR 5385 EAS

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
†

52

HR 5385 EAS

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
†

53

HR 5385 EAS

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

25 section 2011 of title 38, United States Code, to au-
†

54

HR 5385 EAS

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.
†

55

HR 5385 EAS

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.
†

56

HR 5385 EAS

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.
†

57

HR 5385 EAS

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.
†

58

HR 5385 EAS

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
†

59

HR 5385 EAS

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):
†

60

HR 5385 EAS

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
†

61

HR 5385 EAS

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
†

62

HR 5385 EAS

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
†

63

HR 5385 EAS

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.—
†

64

HR 5385 EAS

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
†

65

HR 5385 EAS

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 REPORT AND EVALUATION.—

9 ‘‘(i) ANNUAL REPORT REQUIRED 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) INDEPENDENT ASSESSMENT.—

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
†

66

HR 5385 EAS

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) REPORT TO 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

25 Under Secretary’s plans, if any, to imple-
†

67

HR 5385 EAS

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
†

68

HR 5385 EAS

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)).
†

69

HR 5385 EAS

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’’.
†

70

HR 5385 EAS

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.’’.

Attest:

Secretary.
109TH CONGRESS

2D SESSION H. R. 5385

AMENDMENTS