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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5385 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  

                  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:

That the following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for military construction, the 
Department of Veterans Affairs, and related agencies for the fiscal 
year ending September 30, 2007, and for other purposes, namely:

                                TITLE I

                         DEPARTMENT OF DEFENSE

                      Military Construction, Army

                    (including rescissions of funds)

    For acquisition, construction, installation, and equipment of 
temporary or permanent public works, military installations, 
facilities, and real property for the Army as currently authorized by 
law, including personnel in the Army Corps of Engineers and other 
personal services necessary for the purposes of this appropriation, and 
for construction and operation of facilities in support of the 
functions of the Commander in Chief, $2,172,622,000, to remain 
available until September 30, 2011: Provided, That of this amount, not 
to exceed $199,540,000 shall be available for study, planning, design, 
architect and engineer services, and host nation support, as authorized 
by law, unless the Secretary of Defense determines that additional 
obligations are necessary for such purposes and notifies the Committees 
on Appropriations of both Houses of Congress of the determination and 
the reasons therefor: Provided further, That of the funds appropriated 
for ``Military Construction, Army'' under Public Law 109-114, 
$43,348,000 are hereby rescinded: Provided further, That of the funds 
appropriated for ``Military Construction, Army'' under Public Law 109-
13, $125,800,000 are hereby rescinded: Provided further, That of the 
amount provided under this heading, $34,800,000 is designated as an 
emergency requirement pursuant to section 402 of S. Con. Res. 83 (109th 
Congress), the concurrent resolution on the budget for fiscal year 
2007, as made applicable in the Senate by section 7035 of Public Law 
109-234.

              Military Construction, Navy and Marine Corps

                    (including rescissions of funds)

    For acquisition, construction, installation, and equipment of 
temporary or permanent public works, naval installations, facilities, 
and real property for the Navy and Marine Corps as currently authorized 
by law, including personnel in the Naval Facilities Engineering Command 
and other personal services necessary for the purposes of this 
appropriation, $1,238,065,000, to remain available until September 30, 
2011: Provided, That of this amount, not to exceed $71,626,000 shall be 
available for study, planning, design, and architect and engineer 
services, as authorized by law, unless the Secretary of Defense 
determines that additional obligations are necessary for such purposes 
and notifies the Committees on Appropriations of both Houses of 
Congress of the determination and the reasons therefor: Provided 
further, That of the funds appropriated for ``Military Construction, 
Navy and Marine Corps'' under Public Law 108-132, $30,000,000 are 
hereby rescinded: Provided further, That of the funds appropriated for 
``Military Construction, Navy and Marine Corps'' under Public Law 108-
324, $8,000,000 are hereby rescinded.

                    Military Construction, Air Force

                    (including rescissions of funds)

    For acquisition, construction, installation, and equipment of 
temporary or permanent public works, military installations, 
facilities, and real property for the Air Force as currently authorized 
by law, $1,214,885,000, to remain available until September 30, 2011: 
Provided, That of this amount, not to exceed $71,381,000 shall be 
available for study, planning, design, and architect and engineer 
services, as authorized by law, unless the Secretary of Defense 
determines that additional obligations are necessary for such purposes 
and notifies the Committees on Appropriations of both Houses of 
Congress of the determination and the reasons therefor: Provided 
further, That of the funds appropriated for ``Military Construction, 
Air Force'' under Public Law 108-324, $2,694,000 are hereby rescinded: 
Provided further, That of the funds appropriated for ``Military 
Construction, Air Force'' under Public Law 109-114, $19,816,000 are 
hereby rescinded: Provided further, That of the funds appropriated for 
``Military Construction, Air Force'' under Public Law 109-13, 
$10,800,000 are hereby rescinded.

                  Military Construction, Defense-Wide

             (including rescissions and transfer of funds)

    For acquisition, construction, installation, and equipment of 
temporary or permanent public works, installations, facilities, and 
real property for activities and agencies of the Department of Defense 
(other than the military departments), as currently authorized by law, 
$1,162,281,000, to remain available until September 30, 2011: Provided, 
That such amounts of this appropriation as may be determined by the 
Secretary of Defense may be transferred to such appropriations of the 
Department of Defense available for military construction or family 
housing as the Secretary may designate, to be merged with and to be 
available for the same purposes, and for the same time period, as the 
appropriation or fund to which transferred: Provided further, That of 
the amount appropriated, not to exceed $172,150,000 shall be available 
for study, planning, design, and architect and engineer services, as 
authorized by law, unless the Secretary of Defense determines that 
additional obligations are necessary for such purposes and notifies the 
Committees on Appropriations of both Houses of Congress of the 
determination and the reasons therefor: Provided further, That of the 
funds appropriated for ``Military Construction, Defense-Wide'' under 
Public Law 108-132, $9,000,000 are hereby rescinded: Provided further, 
That of the funds appropriated for ``Military Construction, Defense-
Wide'' under Public Law 108-324, $43,000,000 are hereby rescinded: 
Provided further, That of the funds appropriated for ``Military 
Construction, Defense-Wide'' under Public Law 109-114, $72,065,000 are 
hereby rescinded: Provided further, That of the amount provided under 
this heading, $100,886,000 is designated as an emergency requirement 
pursuant to section 402 of S. Con. Res. 83 (109th Congress), the 
concurrent resolution on the budget for fiscal year 2007, as made 
applicable in the Senate by section 7035 of Public Law 109-234.

               Military Construction, Army National Guard

                    (including rescission of funds)

    For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the 
Army National Guard, and contributions therefor, as authorized by 
chapter 1803 of title 10, United States Code, and Military Construction 
Authorization Acts, $539,804,000, to remain available until September 
30, 2011: Provided, That of the funds appropriated for ``Military 
Construction, Army National Guard'' under Public Law 109-114, 
$2,129,000 are hereby rescinded.

               Military Construction, Air National Guard

    For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the Air 
National Guard, and contributions therefor, as authorized by chapter 
1803 of title 10, United States Code, and Military Construction 
Authorization Acts, $252,834,000, to remain available until September 
30, 2011.

                  Military Construction, Army Reserve

    For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the 
Army Reserve as authorized by chapter 1803 of title 10, United States 
Code, and Military Construction Authorization Acts, $191,450,000, to 
remain available until September 30, 2011.

                  Military Construction, Navy Reserve

    For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the 
reserve components of the Navy and Marine Corps as authorized by 
chapter 1803 of title 10, United States Code, and Military Construction 
Authorization Acts, $48,408,000, to remain available until September 
30, 2011.

                Military Construction, Air Force Reserve

    For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the Air 
Force Reserve as authorized by chapter 1803 of title 10, United States 
Code, and Military Construction Authorization Acts, $44,936,000, to 
remain available until September 30, 2011.

                   North Atlantic Treaty Organization

                      security investment program

    For the United States share of the cost of the North Atlantic 
Treaty Organization Security Investment Program for the acquisition and 
construction of military facilities and installations (including 
international military headquarters) and for related expenses for the 
collective defense of the North Atlantic Treaty Area as authorized by 
section 2806 of title 10, United States Code, and Military Construction 
Authorization Acts, $205,985,000, to remain available until expended.

                   Family Housing Construction, Army

    For expenses of family housing for the Army for construction, 
including acquisition, replacement, addition, expansion, extension, and 
alteration, as authorized by law, $578,791,000, to remain available 
until September 30, 2011.

             Family Housing Operation and Maintenance, Army

    For expenses of family housing for the Army for operation and 
maintenance, including debt payment, leasing, minor construction, 
principal and interest charges, and insurance premiums, as authorized 
by law, $675,617,000.

           Family Housing Construction, Navy and Marine Corps

    For expenses of family housing for the Navy and Marine Corps for 
construction, including acquisition, replacement, addition, expansion, 
extension, and alteration, as authorized by law, $305,071,000, to 
remain available until September 30, 2011.

    Family Housing Operation and Maintenance, Navy and Marine Corps

    For expenses of family housing for the Navy and Marine Corps for 
operation and maintenance, including debt payment, leasing, minor 
construction, principal and interest charges, and insurance premiums, 
as authorized by law, $498,525,000.

                 Family Housing Construction, Air Force

                    (including rescissions of funds)

    For expenses of family housing for the Air Force for construction, 
including acquisition, replacement, addition, expansion, extension, and 
alteration, as authorized by law, $1,182,138,000, to remain available 
until September 30, 2011: Provided, That of the funds appropriated for 
``Family Housing Construction, Air Force'' under Public Law 108-324, 
$23,400,000 are hereby rescinded: Provided further, That of the funds 
appropriated for ``Family Housing Construction, Air Force'' under 
Public Law 109-114, $42,800,000 are hereby rescinded.

          Family Housing Operation and Maintenance, Air Force

    For expenses of family housing for the Air Force for operation and 
maintenance, including debt payment, leasing, minor construction, 
principal and interest charges, and insurance premiums, as authorized 
by law, $755,071,000.

               Family Housing Construction, Defense-Wide

    For expenses of family housing for the activities and agencies of 
the Department of Defense (other than the military departments) for 
construction, including acquisition, replacement, addition, expansion, 
extension, and alteration, as authorized by law, $8,808,000, to remain 
available until September 30, 2011.

         Family Housing Operation and Maintenance, Defense-Wide

    For expenses of family housing for the activities and agencies of 
the Department of Defense (other than the military departments) for 
operation and maintenance, leasing, and minor construction, as 
authorized by law, $48,506,000.

         Department of Defense Family Housing Improvement Fund

    For the Department of Defense Family Housing Improvement Fund, 
$2,500,000, to remain available until expended, for family housing 
initiatives undertaken pursuant to section 2883 of title 10, United 
States Code, providing alternative means of acquiring and improving 
military family housing and supporting facilities.

          Chemical Demilitarization Construction, Defense-Wide

    For expenses of construction, not otherwise provided for, necessary 
for the destruction of the United States stockpile of lethal chemical 
agents and munitions in accordance with section 1412 of the Department 
of Defense Authorization Act, 1986 (50 U.S.C. 1521), and for the 
destruction of other chemical warfare materials that are not in the 
chemical weapon stockpile, as currently authorized by law, 
$140,993,000, to remain available until September 30, 2011, which shall 
be only for the Assembled Chemical Weapons Alternatives program.

            Department of Defense Base Closure Account 1990

    For deposit into the Department of Defense Base Closure Account 
1990, established by section 2906(a)(1) of the Defense Base Closure and 
Realignment Act of 1990 (10 U.S.C. 2687 note), $191,220,000, to remain 
available until expended.

            Department of Defense Base Closure Account 2005

    For deposit into the Department of Defense Base Closure Account 
2005, established by section 2906A(a)(1) of the Defense Base Closure 
and Realignment Act of 1990 (10 U.S.C. 2687 note), $5,237,100,000, to 
remain available until expended.

                       Administrative Provisions

    Sec. 101. None of the funds made available in this title shall be 
expended for payments under a cost-plus-a-fixed-fee contract for 
construction, where cost estimates exceed $25,000, to be performed 
within the United States, except Alaska, without the specific approval 
in writing of the Secretary of Defense setting forth the reasons 
therefor.
    Sec. 102. Funds made available in this title for construction shall 
be available for hire of passenger motor vehicles.
    Sec. 103. Funds made available in this title for construction may 
be used for advances to the Federal Highway Administration, Department 
of Transportation, for the construction of access roads as authorized 
by section 210 of title 23, United States Code, when projects 
authorized therein are certified as important to the national defense 
by the Secretary of Defense.
    Sec. 104. None of the funds made available in this title may be 
used to begin construction of new bases in the United States for which 
specific appropriations have not been made.
    Sec. 105. None of the funds made available in this title shall be 
used for purchase of land or land easements in excess of 100 percent of 
the value as determined by the Army Corps of Engineers or the Naval 
Facilities Engineering Command, except: (1) where there is a 
determination of value by a Federal court; (2) purchases negotiated by 
the Attorney General or the designee of the Attorney General; (3) where 
the estimated value is less than $25,000; or (4) as otherwise 
determined by the Secretary of Defense to be in the public interest.
    Sec. 106. None of the funds made available in this title shall be 
used to: (1) acquire land; (2) provide for site preparation; or (3) 
install utilities for any family housing, except housing for which 
funds have been made available in annual Acts making appropriations for 
military construction.
    Sec. 107. None of the funds made available in this title for minor 
construction may be used to transfer or relocate any activity from one 
base or installation to another, without prior notification to the 
Committees on Appropriations of both Houses of Congress.
    Sec. 108. None of the funds made available in this title may be 
used for the procurement of steel for any construction project or 
activity for which American steel producers, fabricators, and 
manufacturers have been denied the opportunity to compete for such 
steel procurement.
    Sec. 109. None of the funds available to the Department of Defense 
for military construction or family housing during the current fiscal 
year may be used to pay real property taxes in any foreign nation.
    Sec. 110. None of the funds made available in this title may be 
used to initiate a new installation overseas without prior notification 
to the Committees on Appropriations of both Houses of Congress.
    Sec. 111. None of the funds made available in this title may be 
obligated for architect and engineer contracts estimated by the 
Government to exceed $500,000 for projects to be accomplished in Japan, 
in any North Atlantic Treaty Organization member country, or in 
countries bordering the Arabian Sea if that country has not increased 
its defense spending by at least 3 percent in calendar year 2005, 
unless such contracts are awarded to United States firms or United 
States firms in joint venture with host nation firms.
    Sec. 112. None of the funds made available in this title for 
military construction in the United States territories and possessions 
in the Pacific and on Kwajalein Atoll, or in countries bordering the 
Arabian Sea, may be used to award any contract estimated by the 
Government to exceed $1,000,000 to a foreign contractor: Provided, That 
this section shall not be applicable to contract awards for which the 
lowest responsive and responsible bid of a United States contractor 
exceeds the lowest responsive and responsible bid of a foreign 
contractor by greater than 20 percent: Provided further, That this 
section shall not apply to contract awards for military construction on 
Kwajalein Atoll for which the lowest responsive and responsible bid is 
submitted by a Marshallese contractor.
    Sec. 113. The Secretary of Defense is to inform the appropriate 
committees of both Houses of Congress, including the Committees on 
Appropriations, of the plans and scope of any proposed military 
exercise involving United States personnel 30 days prior to its 
occurring, if amounts expended for construction, either temporary or 
permanent, are anticipated to exceed $750,000.
    Sec. 114. Not more than 20 percent of the funds made available in 
this title which are limited for obligation during the current fiscal 
year shall be obligated during the last two months of the fiscal year.

                     (including transfer of funds)

    Sec. 115. Funds appropriated to the Department of Defense for 
construction in prior years shall be available for construction 
authorized for each such military department by the authorizations 
enacted into law during the current session of Congress.
    Sec. 116. For military construction or family housing projects that 
are being completed with funds otherwise expired or lapsed for 
obligation, expired or lapsed funds may be used to pay the cost of 
associated supervision, inspection, overhead, engineering and design on 
those projects and on subsequent claims, if any.
    Sec. 117. Notwithstanding any other provision of law, any funds 
made available to a military department or defense agency for the 
construction of military projects may be obligated for a military 
construction project or contract, or for any portion of such a project 
or contract, at any time before the end of the fourth fiscal year after 
the fiscal year for which funds for such project were made available, 
if the funds obligated for such project: (1) are obligated from funds 
available for military construction projects; and (2) do not exceed the 
amount appropriated for such project, plus any amount by which the cost 
of such project is increased pursuant to law.
    Sec. 118. (a) Not later than December 1, 2006, the Secretary of 
Defense, in consultation with the Secretary of State, shall submit to 
the Committees on Appropriations of both Houses of Congress a report on 
actions taken by the Department of Defense and the Department of State 
during the previous fiscal year to encourage host countries to assume a 
greater share of the common defense burden of such countries and the 
United States.
    (b) The report under subsection (a) shall include a description 
of--
            (1) attempts to secure cash and in-kind contributions from 
        host countries for military construction projects;
            (2) attempts to achieve economic incentives offered by host 
        countries to encourage private investment for the benefit of 
        the United States Armed Forces;
            (3) attempts to recover funds due to be paid to the United 
        States by host countries for assets deeded or otherwise 
        imparted to host countries upon the cessation of United States 
        operations at military installations;
            (4) the amount spent by host countries on defense, in 
        dollars and in terms of the percent of gross domestic product 
        (GDP) of the host country; and
            (5) for host countries that are members of the North 
        Atlantic Treaty Organization (NATO), the amount contributed to 
        NATO by host countries, in dollars and in terms of the percent 
        of the total NATO budget.
    (c) In this section, the term ``host country'' means other member 
countries of NATO, Japan, South Korea, and United States allies 
bordering the Arabian Sea.

                     (including transfer of funds)

    Sec. 119. In addition to any other transfer authority available to 
the Department of Defense, proceeds deposited to the Department of 
Defense Base Closure Account established by section 207(a)(1) of the 
Defense Authorization Amendments and Base Closure and Realignment Act 
(10 U.S.C. 2687 note) pursuant to section 207(a)(2)(C) of such Act, may 
be transferred to the account established by section 2906(a)(1) of the 
Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note), 
to be merged with, and to be available for the same purposes and the 
same time period as that account.

                     (including transfer of funds)

    Sec. 120. Subject to 30 days prior notification to the Committees 
on Appropriations of both Houses of Congress, such additional amounts 
as may be determined by the Secretary of Defense may be transferred to: 
(1) the Department of Defense Family Housing Improvement Fund from 
amounts appropriated for construction in ``Family Housing'' accounts, 
to be merged with and to be available for the same purposes and for the 
same period of time as amounts appropriated directly to the Fund; or 
(2) the Department of Defense Military Unaccompanied Housing 
Improvement Fund from amounts appropriated for construction of military 
unaccompanied housing in ``Military Construction'' accounts, to be 
merged with and to be available for the same purposes and for the same 
period of time as amounts appropriated directly to the Fund: Provided, 
That appropriations made available to the Funds shall be available to 
cover the costs, as defined in section 502(5) of the Congressional 
Budget Act of 1974, of direct loans or loan guarantees issued by the 
Department of Defense pursuant to the provisions of subchapter IV of 
chapter 169 of title 10, United States Code, pertaining to alternative 
means of acquiring and improving military family housing, military 
unaccompanied housing, and supporting facilities.
    Sec. 121. (a) Not later than 60 days before issuing any 
solicitation for a contract with the private sector for military family 
housing the Secretary of the military department concerned shall submit 
to the Committees on Appropriations of both Houses of Congress the 
notice described in subsection (b).
    (b)(1) A notice referred to in subsection (a) is a notice of any 
guarantee (including the making of mortgage or rental payments) 
proposed to be made by the Secretary to the private party under the 
contract involved in the event of--
            (A) the closure or realignment of the installation for 
        which housing is provided under the contract;
            (B) a reduction in force of units stationed at such 
        installation; or
            (C) the extended deployment overseas of units stationed at 
        such installation.
    (2) Each notice under this subsection shall specify the nature of 
the guarantee involved and assess the extent and likelihood, if any, of 
the liability of the Federal Government with respect to the guarantee.

                     (including transfer of funds)

    Sec. 122. In addition to any other transfer authority available to 
the Department of Defense, amounts may be transferred from the accounts 
established by sections 2906(a)(1) and 2906A(a)(1) of the Defense Base 
Closure and Realignment Act of 1990 (10 U.S.C. 2687 note), to the fund 
established by section 1013(d) of the Demonstration Cities and 
Metropolitan Development Act of 1966 (42 U.S.C. 3374) to pay for 
expenses associated with the Homeowners Assistance Program. Any amounts 
transferred shall be merged with and be available for the same purposes 
and for the same time period as the fund to which transferred.
    Sec. 123. Notwithstanding this or any other provision of law, funds 
made available in this title for operation and maintenance of family 
housing shall be the exclusive source of funds for repair and 
maintenance of all family housing units, including general or flag 
officer quarters: Provided, That not more than $35,000 per unit may be 
spent annually for the maintenance and repair of any general or flag 
officer quarters without 30 days prior notification to the Committees 
on Appropriations of both Houses of Congress, except that an after-the-
fact notification shall be submitted if the limitation is exceeded 
solely due to costs associated with environmental remediation that 
could not be reasonably anticipated at the time of the budget 
submission: Provided further, That the Under Secretary of Defense 
(Comptroller) is to report annually to the Committees on Appropriations 
of both Houses of Congress all operation and maintenance expenditures 
for each individual general or flag officer quarters for the prior 
fiscal year: Provided further, That nothing in this section precludes 
the Secretary of a military department, after notifying the 
congressional defense committees and waiting 21 days, from using funds 
derived under section 2601, chapter 403, chapter 603, or chapter 903 of 
title 10, United States Code, for the maintenance or repair of general 
and flag officer quarters at the military service academy under the 
jurisdiction of that Secretary: Provided further, That each Secretary 
of a military department shall provide an annual report by February 15 
to the congressional defense committees on the amount of funds that 
were derived under section 2601, chapter 403, chapter 603, or chapter 
903 of title 10, United States Code, in the previous year and were 
obligated for the construction, improvement, repair, or maintenance of 
any military facility or infrastructure.
    Sec. 124. Amounts contained in the Ford Island Improvement Account 
established by subsection (h) of section 2814 of title 10, United 
States Code, are appropriated and shall be available until expended for 
the purposes specified in subsection (i)(1) of such section or until 
transferred pursuant to subsection (i)(3) of such section.

                     (including transfer of funds)

    Sec. 125. None of the funds made available in this title, or in any 
Act making appropriations for military construction which remain 
available for obligation, may be obligated or expended to carry out a 
military construction, land acquisition, or family housing project at 
or for a military installation approved for closure, or at a military 
installation for the purposes of supporting a function that has been 
approved for realignment to another installation, in 2005 under the 
Defense Base Closure and Realignment Act of 1990 (part A of title XXIX 
of Public Law 101-510; 10 U.S.C. 2687 note), unless such a project at a 
military installation approved for realignment will support a 
continuing mission or function at that installation or a new mission or 
function that is planned for that installation, or unless the Secretary 
of Defense certifies that the cost to the United States of carrying out 
such project would be less than the cost to the United States of 
cancelling such project, or if the project is at an active component 
base that shall be established as an enclave or in the case of projects 
having multi-agency use, that another Government agency has indicated 
it will assume ownership of the completed project. The Secretary of 
Defense may not transfer funds made available as a result of this 
limitation from any military construction project, land acquisition, or 
family housing project to another account or use such funds for another 
purpose or project without the prior approval of the Committees on 
Appropriations of both Houses of Congress. This section shall not apply 
to military construction projects, land acquisition, or family housing 
projects for which the project is vital to the national security or the 
protection of health, safety, or environmental quality: Provided, That 
the Secretary of Defense shall notify the congressional defense 
committees within seven days of a decision to carry out such a military 
construction project.
    Sec. 126. Section 3001(o) of the Emergency Supplemental 
Appropriations Act for Defense and for the Reconstruction of Iraq and 
Afghanistan, 2004 (Public Law 108-106; 117 Stat. 1238; 5 U.S.C. App., 
note to section 8G of Public Law 95-452), as amended by section 1054(b) 
of the John Warner National Defense Authorization Act for Fiscal Year 
2007 (Public Law 109-364), is amended to read as follows:
    ``(o) Termination.--(1)(A) The Office of the Inspector General 
shall terminate 10 months after 80 percent of the funds appropriated or 
otherwise made available to the Iraq Relief and Reconstruction Fund 
have been expended.
    ``(B) For purposes of calculating the termination of the Office of 
the Inspector General under this subsection, any United States funds 
appropriated or otherwise made available for fiscal year 2006 for the 
reconstruction of Iraq, irrespective of the designation of such funds, 
shall be deemed to be amounts appropriated or otherwise made available 
to the Iraq Relief and Reconstruction Fund.
    ``(2) The Special Inspector General for Iraq Reconstruction shall, 
prior to the termination of the Office of the Special Inspector General 
under paragraph (1), prepare a final forensic audit report on all funds 
deemed to be amounts appropriated or otherwise made available to the 
Iraq Relief and Reconstruction Fund.''.
    Sec. 127. (a) Of the amount appropriated or otherwise made 
available by this title under the heading ``Family Housing Operation 
and Maintenance, Army'', $7,500,000 may be available for the lease of 
not more than 300 additional housing units in the vicinity of 
Fairbanks, Alaska. Such funds may not be available for the construction 
or purchase of such units.
    (b)(1) The total cost of a unit leased under subsection (a), 
including the cost of utilities, maintenance, and operation, may not 
exceed $25,000 per year.
    (2) A lease entered into under subsection (a) may not exceed 5 
years in duration or include an option to extend the lease beyond the 
5-year period beginning on the date the lease commences.
    Sec. 128. (a) The amount appropriated or otherwise made available 
by this title under the heading ``Military Construction, Navy and 
Marine Corps'' and available for ``Replacement Vehicle Bridge, 
Increment 2, Naval Station, Newport, Rhode Island'' is hereby increased 
by $3,410,000.
    (b) The amount appropriated or otherwise made available by this 
title under the heading ``Military Construction, Navy and Marine 
Corps'' and available for ``Hazardous Material Storage Facility, Naval 
Station Newport, Rhode Island'' is hereby reduced by $3,410,000.
    Sec. 129. (a) The amount appropriated or otherwise made available 
by this title under the heading ``Military Construction, Air Force'' is 
hereby increased by $750,000.
    (b) Of the amount appropriated or otherwise made available by this 
title under the heading ``Military Construction, Air Force'', as 
increased by subsection (a), $750,000 may be available for the Air 
Force Financial Management Center.
    (c) The amount appropriated or otherwise made available by this 
title under the heading ``North Atlantic Treaty Organization Security 
Investment Program'' is hereby reduced by $750,000.
    Sec. 130. Subsection (c) of section 1077 of the John Warner 
National Defense Authorization Act for Fiscal Year 2007 (Public Law 
109-364) is hereby repealed.
    Sec. 131. (a) The amount available for ``Military Construction, Air 
Force'' is hereby reduced by $25,400,000 for ``Basic Expeditionary 
Airmen Training Facility, Lackland AFB, Texas''.
    (b) The amount available for ``Department of Defense Base Closure 
Account 2005'' is hereby increased by $25,400,000.
    Sec. 132. Of the amount appropriated or otherwise made available by 
chapter 7 of title I of the Department of Defense, Emergency 
Supplemental Appropriations to Address Hurricanes in the Gulf of 
Mexico, and Pandemic Influenza Act, 2006 (Public Law 109-148) under the 
heading ``Military Construction, Navy and Marine Corps'' and available 
for the replacement of a Bachelor Enlisted Quarters at Naval 
Construction Battalion Center, Gulfport, Mississippi, $13,400,000 may 
be available for the construction of an additional Bachelor Enlisted 
Quarters at Naval Construction Battalion Center, Gulfport, Mississippi.

                                TITLE II

                     DEPARTMENT OF VETERANS AFFAIRS

                       Veterans Benefits Programs

                       compensation and pensions

                     (including transfer of funds)

    For the payment of compensation benefits to or on behalf of 
veterans and a pilot program for disability examinations as authorized 
by law (38 U.S.C. 107, chapters 11, 13, 18, 51, 53, 55, and 61); 
pension benefits to or on behalf of veterans as authorized by law (38 
U.S.C. chapters 15, 51, 53, 55, and 61; 92 Stat. 2508); and burial 
benefits, the Reinstated Entitlement Program for Survivors, emergency 
and other officers' retirement pay, adjusted-service credits and 
certificates, payment of premiums due on commercial life insurance 
policies guaranteed under the provisions of title IV of the 
Servicemembers Civil Relief Act (50 U.S.C. App. 540 et seq.) and for 
other benefits as authorized by law (38 U.S.C. 107, 1312, 1977, and 
2106, chapters 23, 51, 53, 55, and 61; 43 Stat. 122, 123; 45 Stat. 735; 
76 Stat. 1198), $38,007,095,000, to remain available until expended: 
Provided, That not to exceed $28,112,000 of the amount appropriated 
under this heading shall be reimbursed to ``General operating 
expenses'' and ``Medical services'' for necessary expenses in 
implementing the provisions of chapters 51, 53, and 55 of title 38, 
United States Code, the funding source for which is specifically 
provided as the ``Compensation and pensions'' appropriation: Provided 
further, That such sums as may be earned on an actual qualifying 
patient basis, shall be reimbursed to ``Medical care collections fund'' 
to augment the funding of individual medical facilities for nursing 
home care provided to pensioners as authorized.

                         readjustment benefits

    For the payment of readjustment and rehabilitation benefits to or 
on behalf of veterans as authorized by law (38 U.S.C. chapters 21, 30, 
31, 34, 35, 36, 39, 51, 53, 55, and 61), $3,262,006,000, to remain 
available until expended: Provided, That expenses for rehabilitation 
program services and assistance which the Secretary is authorized to 
provide under section 3104(a) of title 38, United States Code, other 
than under subsection (a)(1), (2), (5), and (11) of that section, shall 
be charged to this account.

                   veterans insurance and indemnities

    For military and naval insurance, national service life insurance, 
servicemen's indemnities, service-disabled veterans insurance, and 
veterans mortgage life insurance as authorized by title 38, United 
States Code, chapter 19; 70 Stat. 887; 72 Stat. 487, $49,850,000, to 
remain available until expended.

         veterans housing benefit program fund program account

                     (including transfer of funds)

    For the cost of direct and guaranteed loans, such sums as may be 
necessary to carry out the program, as authorized by subchapters I 
through III of chapter 37 of title 38, United States Code: Provided, 
That such costs, including the cost of modifying such loans, shall be 
as defined in section 502 of the Congressional Budget Act of 1974: 
Provided further, That during fiscal year 2007, within the resources 
available, not to exceed $500,000 in gross obligations for direct loans 
are authorized for specially adapted housing loans.
    In addition, for administrative expenses to carry out the direct 
and guaranteed loan programs, $153,185,000.

            vocational rehabilitation loans program account

                     (including transfer of funds)

    For the cost of direct loans, $53,000, as authorized by chapter 31 
of title 38, United States Code: Provided, That such costs, including 
the cost of modifying such loans, shall be as defined in section 502 of 
the Congressional Budget Act of 1974: Provided further, That funds made 
available under this heading are available to subsidize gross 
obligations for the principal amount of direct loans not to exceed 
$4,242,000.
    In addition, for administrative expenses necessary to carry out the 
direct loan program, $305,000, which may be transferred to and merged 
with the appropriation for ``General operating expenses''.

          native american veteran housing loan program account

                     (including transfer of funds)

    For administrative expenses to carry out the direct loan program 
authorized by subchapter V of chapter 37 of title 38, United States 
Code, $615,000: Provided, That no new loans in excess of $30,000,000 
may be made in fiscal year 2007.

  guaranteed transitional housing loans for homeless veterans program 
                                account

    For the administrative expenses to carry out the guaranteed 
transitional housing loan program authorized by subchapter VI of 
chapter 37 of title 38, United States Code, not to exceed $750,000 of 
the amounts appropriated by this Act for ``General operating expenses'' 
and ``Medical services'' may be expended.

                     Veterans Health Administration

                            medical services

                     (including transfer of funds)

    For necessary expenses for furnishing, as authorized by law, 
inpatient and outpatient care and treatment to beneficiaries of the 
Department of Veterans Affairs and veterans described in section 
1705(a) of title 38, United States Code, including care and treatment 
in facilities not under the jurisdiction of the Department, and 
including medical supplies and equipment and salaries and expenses of 
healthcare employees hired under title 38, United States Code, and aid 
to State homes as authorized by section 1741 of title 38, United States 
Code; and for necessary expenses in the administration of the medical, 
hospital, nursing home, domiciliary, construction, supply, and research 
activities, as authorized by law; administrative expenses in support of 
capital policy activities; and administrative and legal expenses of the 
Department for collecting and recovering amounts owed the Department as 
authorized under chapter 17 of title 38, United States Code, and the 
Federal Medical Care Recovery Act (42 U.S.C. 2651 et seq.); 
$28,689,000,000, plus reimbursements: Provided, That of the funds made 
available under this heading, not to exceed $1,350,000,000 shall be 
available until September 30, 2008: Provided further, That, 
notwithstanding any other provision of law, the Secretary of Veterans 
Affairs shall establish a priority for treatment for veterans who are 
service-connected disabled, lower income, or have special needs: 
Provided further, That, notwithstanding any other provision of law, the 
Secretary of Veterans Affairs shall give priority funding for the 
provision of basic medical benefits to veterans in enrollment priority 
groups 1 through 6: Provided further, That, notwithstanding any other 
provision of law, the Secretary of Veterans Affairs may authorize the 
dispensing of prescription drugs from Veterans Health Administration 
facilities to enrolled veterans with privately written prescriptions 
based on requirements established by the Secretary: Provided further, 
That the implementation of the program described in the previous 
proviso shall incur no additional cost to the Department of Veterans 
Affairs.

                           medical facilities

    For necessary expenses for the maintenance and operation of 
hospitals, nursing homes, and domiciliary facilities and other 
necessary facilities for the Veterans Health Administration; for 
administrative expenses in support of planning, design, project 
management, real property acquisition and disposition, construction and 
renovation of any facility under the jurisdiction or for the use of the 
Department; for oversight, engineering and architectural activities not 
charged to project costs; for repairing, altering, improving or 
providing facilities in the several hospitals and homes under the 
jurisdiction of the Department, not otherwise provided for, either by 
contract or by the hire of temporary employees and purchase of 
materials; for leases of facilities; and for laundry and food services, 
$3,569,000,000, plus reimbursements, of which $250,000,000 shall be 
available until September 30, 2008.

                    medical and prosthetic research

    For necessary expenses in carrying out programs of medical and 
prosthetic research and development as authorized by chapter 73 of 
title 38, United States Code, to remain available until September 30, 
2008, $412,000,000, plus reimbursements, of which not less than 
$15,000,000 shall be used for Gulf War Illness research.

                    National Cemetery Administration

    For necessary expenses of the National Cemetery Administration for 
operations and maintenance, not otherwise provided for, including 
uniforms or allowances therefor; cemeterial expenses as authorized by 
law; purchase of one passenger motor vehicle for use in cemeterial 
operations; and hire of passenger motor vehicles, $160,733,000, of 
which not to exceed $8,037,000 shall be available until September 30, 
2008.

                      Departmental Administration

                       general operating expenses

                     (including transfer of funds)

    For necessary operating expenses of the Department of Veterans 
Affairs, not otherwise provided for, including administrative expenses 
in support of Department-Wide capital planning, management and policy 
activities, uniforms or allowances therefor; not to exceed $25,000 for 
official reception and representation expenses; hire of passenger motor 
vehicles; and reimbursement of the General Services Administration for 
security guard services, and the Department of Defense for the cost of 
overseas employee mail, $1,467,764,000: Provided, That expenses for 
services and assistance authorized under paragraphs (1), (2), (5), and 
(11) of section 3104(a) of title 38, United States Code, that the 
Secretary of Veterans Affairs determines are necessary to enable 
entitled veterans: (1) to the maximum extent feasible, to become 
employable and to obtain and maintain suitable employment; or (2) to 
achieve maximum independence in daily living, shall be charged to this 
account: Provided further, That the Veterans Benefits Administration 
shall be funded at not less than $1,167,859,000: Provided further, That 
of the funds made available under this heading, not to exceed 
$75,000,000 shall be available for obligation until September 30, 2008: 
Provided further, That from the funds made available under this 
heading, the Veterans Benefits Administration may purchase up to two 
passenger motor vehicles for use in operations of that Administration 
in Manila, Philippines.

                      office of inspector general

    For necessary expenses of the Office of Inspector General, to 
include information technology, in carrying out the provisions of the 
Inspector General Act of 1978, $70,599,000, of which $3,474,950 shall 
remain available until September 30, 2008.

                      construction, major projects

    For constructing, altering, extending and improving any of the 
facilities including parking projects under the jurisdiction or for the 
use of the Department of Veterans Affairs, or for any of the purposes 
set forth in sections 316, 2404, 2406, 8102, 8103, 8106, 8108, 8109, 
8110, and 8122 of title 38, United States Code, including planning, 
architectural and engineering services, construction management 
services, maintenance or guarantee period services costs associated 
with equipment guarantees provided under the project, services of 
claims analysts, offsite utility and storm drainage system construction 
costs, and site acquisition, where the estimated cost of a project is 
more than the amount set forth in section 8104(a)(3)(A) of title 38, 
United States Code, or where funds for a project were made available in 
a previous major project appropriation, $429,000,000, to remain 
available until expended, of which $2,000,000 shall be to make 
reimbursements as provided in section 13 of the Contract Disputes Act 
of 1978 (41 U.S.C. 612) for claims paid for contract disputes: 
Provided, That except for advance planning activities, including needs 
assessments which may or may not lead to capital investments, and other 
capital asset management related activities, such as portfolio 
development and management activities, and investment strategy studies 
funded through the advance planning fund and the planning and design 
activities funded through the design fund and CARES funds, including 
needs assessments which may or may not lead to capital investments, 
none of the funds appropriated under this heading shall be used for any 
project which has not been approved by the Congress in the budgetary 
process: Provided further, That funds provided in this appropriation 
for fiscal year 2007, for each approved project (except those for CARES 
activities referenced above) shall be obligated: (1) by the awarding of 
a construction documents contract by September 30, 2007; and (2) by the 
awarding of a construction contract by September 30, 2008: Provided 
further, That the Secretary of Veterans Affairs shall promptly report 
in writing to the Committees on Appropriations of both Houses of 
Congress any approved major construction project in which obligations 
are not incurred within the time limitations established above.

                      construction, minor projects

    For constructing, altering, extending, and improving any of the 
facilities including parking projects under the jurisdiction or for the 
use of the Department of Veterans Affairs, including planning and 
assessments of needs which may lead to capital investments, 
architectural and engineering services, maintenance or guarantee period 
services costs associated with equipment guarantees provided under the 
project, services of claims analysts, offsite utility and storm 
drainage system construction costs, and site acquisition, or for any of 
the purposes set forth in sections 316, 2404, 2406, 8102, 8103, 8106, 
8108, 8109, 8110, 8122, and 8162 of title 38, United States Code, where 
the estimated cost of a project is equal to or less than the amount set 
forth in section 8104(a)(3)(A) of title 38, United States Code, 
$168,000,000, to remain available until expended, along with 
unobligated balances of previous ``Construction, minor projects'' 
appropriations which are hereby made available for any project where 
the estimated cost is equal to or less than the amount set forth in 
such section for: (1) repairs to any of the nonmedical facilities under 
the jurisdiction or for the use of the Department which are necessary 
because of loss or damage caused by any natural disaster or 
catastrophe; and (2) temporary measures necessary to prevent or to 
minimize further loss by such causes.

       grants for construction of state extended care facilities

    For grants to assist States to acquire or construct State nursing 
home and domiciliary facilities and to remodel, modify or alter 
existing hospital, nursing home and domiciliary facilities in State 
homes, for furnishing care to veterans as authorized by sections 8131-
8137 of title 38, United States Code, $85,000,000, to remain available 
until expended.

          grants for construction of state veterans cemeteries

    For grants to aid States in establishing, expanding, or improving 
State veterans cemeteries as authorized by section 2408 of title 38, 
United States Code, $32,000,000, to remain available until expended.

                     information technology systems

                     (including transfer of funds)

    For necessary expenses for information technology systems and 
telecommunications support, including developmental information systems 
and operational information systems; including pay and associated cost 
for operations and maintenance associated staff; for the capital asset 
acquisition of information technology systems, including management and 
related contractual costs of said acquisitions, including contractual 
costs associated with operations authorized by chapter 3109 of title 5, 
United States Code, $1,255,900,000, to remain available until September 
30, 2008: Provided, That none of these funds may be obligated until the 
Department of Veterans Affairs submits to the Committees on 
Appropriations of both Houses of Congress, and such Committees approve, 
a plan for expenditure that: (1) meets the capital planning and 
investment control review requirements established by the Office of 
Management and Budget; (2) complies with the Department of Veterans 
Affairs enterprise architecture; (3) conforms with an established 
enterprise life cycle methodology; and (4) complies with the 
acquisition rules, requirements, guidelines, and systems acquisition 
management practices of the Federal Government: Provided further, That 
within 60 days of enactment of this Act, the Secretary of Veterans 
Affairs shall submit to the Committees on Appropriations of both Houses 
of Congress a reprogramming base letter which provides, by project, the 
costs included in this appropriation.

                       Administrative Provisions

                     (including transfer of funds)

    Sec. 201. Any appropriation for fiscal year 2007, in this Act or 
any other Act, for ``Compensation and pensions'', ``Readjustment 
benefits'', and ``Veterans insurance and indemnities'' may be 
transferred as necessary to any other of the mentioned appropriations: 
Provided, That before a transfer may take place, the Secretary of 
Veterans Affairs shall request from the Committees on Appropriations of 
both Houses of Congress the authority to make the transfer and an 
approval is issued, or absent a response, a period of 30 days has 
elapsed.

                     (including transfer of funds)

    Sec. 202. Amounts made available for fiscal year 2007, in this Act 
or any other Act, under the ``Medical services'' and ``Medical 
facilities'' accounts may be transferred between the accounts to the 
extent necessary to implement the restructuring of the Veterans Health 
Administration accounts: Provided, That before a transfer may take 
place, the Secretary of Veterans Affairs shall request from the 
Committees on Appropriations of both Houses of Congress the authority 
to make the transfer and an approval is issued.
    Sec. 203. Appropriations available in this title for salaries and 
expenses shall be available for services authorized by section 3109 of 
title 5, United States Code, hire of passenger motor vehicles; lease of 
a facility or land or both; and uniforms or allowances therefor, as 
authorized by sections 5901-5902 of title 5, United States Code.
    Sec. 204. No appropriations in this title (except the 
appropriations for ``Construction, major projects'', and 
``Construction, minor projects'') shall be available for the purchase 
of any site for the construction of any new hospital or home.
    Sec. 205. No appropriations in this title shall be available for 
hospitalization or examination of any persons (except beneficiaries 
entitled under the laws bestowing such benefits to veterans, and 
persons receiving such treatment under sections 7901-7904 of title 5, 
United States Code or the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5121 et seq.)), unless 
reimbursement of cost is made to the ``Medical services'' account at 
such rates as may be fixed by the Secretary of Veterans Affairs.
    Sec. 206. Appropriations available in this title for ``Compensation 
and pensions'', ``Readjustment benefits'', and ``Veterans insurance and 
indemnities'' shall be available for payment of prior year accrued 
obligations required to be recorded by law against the corresponding 
prior year accounts within the last quarter of fiscal year 2006.
    Sec. 207. Appropriations available in this title shall be available 
to pay prior year obligations of corresponding prior year 
appropriations accounts resulting from sections 3328(a), 3334, and 
3712(a) of title 31, United States Code, except that if such 
obligations are from trust fund accounts they shall be payable from 
``Compensation and pensions''.
    Sec. 208. Notwithstanding any other provision of law, during fiscal 
year 2007, the Secretary of Veterans Affairs shall, from the National 
Service Life Insurance Fund (38 U.S.C. 1920), the Veterans' Special 
Life Insurance Fund (38 U.S.C. 1923), and the United States Government 
Life Insurance Fund (38 U.S.C. 1955), reimburse the ``General operating 
expenses'' account for the cost of administration of the insurance 
programs financed through those accounts: Provided, That reimbursement 
shall be made only from the surplus earnings accumulated in an 
insurance program in fiscal year 2007 that are available for dividends 
in that program after claims have been paid and actuarially determined 
reserves have been set aside: Provided further, That if the cost of 
administration of an insurance program exceeds the amount of surplus 
earnings accumulated in that program, reimbursement shall be made only 
to the extent of such surplus earnings: Provided further, That the 
Secretary shall determine the cost of administration for fiscal year 
2007 which is properly allocable to the provision of each insurance 
program and to the provision of any total disability income insurance 
included in such insurance program.
    Sec. 209. Amounts deducted from enhanced-use lease proceeds to 
reimburse an account for expenses incurred by that account during a 
prior fiscal year for providing enhanced-use lease services, may be 
obligated during the fiscal year in which the proceeds are received.
    Sec. 210. Funds available in this title or funds for salaries and 
other administrative expenses shall also be available to reimburse the 
Office of Resolution Management and the Office of Employment 
Discrimination Complaint Adjudication for all services provided at 
rates which will recover actual costs but not exceed $31,246,000 for 
the Office of Resolution Management and $3,059,000 for the Office of 
Employment and Discrimination Complaint Adjudication: Provided, That 
payments may be made in advance for services to be furnished based on 
estimated costs: Provided further, That amounts received shall be 
credited to ``General operating expenses'' for use by the office that 
provided the service.
    Sec. 211. No appropriations in this title shall be available to 
enter into any new lease of real property if the estimated annual 
rental is more than $300,000 unless the Secretary submits a report 
which the Committees on Appropriations of both Houses of Congress 
approve within 30 days following the date on which the report is 
received.
    Sec. 212. No funds of the Department of Veterans Affairs shall be 
available for hospital care, nursing home care, or medical services 
provided to any person under chapter 17 of title 38, United States 
Code, for a non-service-connected disability described in section 
1729(a)(2) of such title, unless that person has disclosed to the 
Secretary of Veterans Affairs, in such form as the Secretary may 
require, current, accurate third-party reimbursement information for 
purposes of section 1729 of such title: Provided, That the Secretary 
may recover, in the same manner as any other debt due the United 
States, the reasonable charges for such care or services from any 
person who does not make such disclosure as required: Provided further, 
That any amounts so recovered for care or services provided in a prior 
fiscal year may be obligated by the Secretary during the fiscal year in 
which amounts are received.

                     (including transfer of funds)

    Sec. 213. Notwithstanding any other provision of law, at the 
discretion of the Secretary of Veterans Affairs, proceeds or revenues 
derived from enhanced-use leasing activities (including disposal) may 
be deposited into the ``Construction, major projects'' and 
``Construction, minor projects'' accounts and be used for construction 
(including site acquisition and disposition), alterations and 
improvements of any medical facility under the jurisdiction or for the 
use of the Department of Veterans Affairs. Such sums as realized are in 
addition to the amount provided for in ``Construction, major projects'' 
and ``Construction, minor projects''.
    Sec. 214. Amounts made available under ``Medical services'' are 
available--
            (1) for furnishing recreational facilities, supplies, and 
        equipment; and
            (2) for funeral expenses, burial expenses, and other 
        expenses incidental to funerals and burials for beneficiaries 
        receiving care in the Department.

                     (including transfer of funds)

    Sec. 215. Such sums as may be deposited to the Medical Care 
Collections Fund pursuant to section 1729A of title 38, United States 
Code, may be transferred to ``Medical services'', to remain available 
until expended for the purposes of this account.
    Sec. 216. Notwithstanding any other provision of law, the Secretary 
of Veterans Affairs shall allow veterans eligible under existing 
Department of Veterans Affairs medical care requirements and who reside 
in Alaska to obtain medical care services from medical facilities 
supported by the Indian Health Service or tribal organizations. The 
Secretary shall: (1) limit the application of this provision to rural 
Alaskan veterans in areas where an existing Department of Veterans 
Affairs facility or Veterans Affairs-contracted service is unavailable; 
(2) require participating veterans and facilities to comply with all 
appropriate rules and regulations, as established by the Secretary; (3) 
require this provision to be consistent with Capital Asset Realignment 
for Enhanced Services activities; and (4) result in no additional cost 
to the Department of Veterans Affairs or the Indian Health Service.

                     (including transfer of funds)

    Sec. 217. Such sums as may be deposited to the Department of 
Veterans Affairs Capital Asset Fund pursuant to section 8118 of title 
38, United States Code, may be transferred to the ``Construction, major 
projects'' and ``Construction, minor projects'' accounts, to remain 
available until expended for the purposes of these accounts.
    Sec. 218. None of the funds available to the Department of Veterans 
Affairs, in this Act, or any other Act, may be used for payment for E-
Gov initiatives.
    Sec. 219. None of the funds made available in this Act may be used 
to implement any policy prohibiting the Directors of the Veterans 
Integrated Service Networks from conducting outreach or marketing to 
enroll new veterans within their respective Networks.
    Sec. 220. The Secretary of Veterans Affairs shall submit to the 
Committees on Appropriations of both Houses of Congress a quarterly 
report on the financial status of the Veterans Health Administration.

                     (including transfer of funds)

    Sec. 221. Amounts made available under the ``Medical services'', 
``Medical facilities'', ``General operating expenses'', and ``National 
Cemetery Administration'' accounts for fiscal year 2007, may be 
transferred to or from the ``Information technology systems'' account: 
Provided, That before a transfer may take place, the Secretary of 
Veterans Affairs shall request from the Committees on Appropriations of 
both Houses of Congress the authority to make the transfer and an 
approval is issued.

                     (including transfer of funds)

    Sec. 222. For purposes of perfecting the funding sources of the 
Department of Veterans Affairs' new ``Information technology systems'' 
account, funds made available for fiscal year 2007, in this or any 
other Act, may be transferred from the ``General operating expenses'', 
``National Cemetery Administration'', and ``Office of Inspector 
General'' accounts to the ``Medical services'' account: Provided, That 
before a transfer may take place, the Secretary of Veterans Affairs 
shall request from the Committees on Appropriations of both Houses of 
Congress the authority to make the transfer and an approval is issued.

                     (including transfer of funds)

    Sec. 223. Amounts made available for the ``Information technology 
systems'' account may be transferred between projects: Provided, That 
no project may be increased or decreased by more than $1,000,000 of 
cost prior to submitting a request to the Committees on Appropriations 
of both Houses of Congress to make the transfer and an approval is 
issued, or absent a response, a period of 30 days has elapsed.
    Sec. 224. No funds in this Act may be deposited into the DOD/VA 
Health Care Sharing Incentive Fund.
    Sec. 225. The authority provided by section 2011 of title 38, 
United States Code, shall continue in effect through September 30, 
2007.
    Sec. 226. Report on Use of Lands at West Los Angeles Department of 
Veterans Affairs Medical Center. (a) Report.-- The Secretary of 
Veterans Affairs shall submit to Congress a report on the master plan 
of the Department of Veterans Affairs relating to the use of Department 
lands at the West Los Angeles Department of Veterans Medical Center, 
California.
    (b) Report Elements.--The report under subsection (a) shall set 
forth the following:
            (1) The master plan referred to in that subsection, if such 
        a plan currently exists.
            (2) A current assessment of the master plan.
            (3) Any proposal of the Department for a veterans park on 
        the lands referred to in subsection (a), and an assessment of 
        each such proposal.
            (4) Any proposal to use a portion of those lands as 
        dedicated green space, and an assessment of each such proposal.
    (c) Alternative Report Element.--If a master plan referred to in 
subsection (a) does not exist as of the date of enactment of this Act, 
the Secretary shall set forth in the report under that subsection, in 
lieu of the matters specified in paragraphs (1) and (2) of subsection 
(b), a plan for the development of a master plan for the use of the 
lands referred to in subsection (a) during the period beginning on the 
date of the enactment of this Act and ending 25 years later and during 
the period beginning on the date of the enactment of this Act and 
ending 50 years later. The master plan referred to in subsection (a) 
shall be completed prior to the adoption of the Capital Asset 
Realignment for Enhanced Services (CARES) plan for that property, or 
prior to the issuance of any enhanced use lease on the subject 
property. The CARES plan for the subject property shall be consistent 
with the master plan required by this section.
    (d) Limitations on Implementation.--
            (1) In general.--The Secretary may not implement any 
        portion of the master plan referred to in subsection (a) until 
        120 days after the date of the receipt by the Committees on 
        Appropriations of the Senate and the House of Representatives 
        of the report required by that subsection.
            (2) Actions other than direct veterans services.--In the 
        case of any portion of the master plan referred to in 
        subsection (a) that does not relate exclusively to direct 
        veterans services on the site referred to in subsection (a), 
        the Secretary may not carry out such portion of the master plan 
        without the approval of the Committees on Appropriations of the 
        Senate and the House of Representatives.
    (e) Exemptions.--Nothing contained in this provision shall prevent 
the Department of Veterans Affairs from providing maintenance, service 
or programs consistent with the mission of the Department.
    Sec. 227. None of the funds available to the Department of Veterans 
Affairs, in this Act, or any other Act, may be used to replace the 
current system by which the Veterans Integrated Services Networks 
select and contract for diabetes monitoring supplies and equipment.
    Sec. 228. The major medical facility project for a Department of 
Veterans Affairs Medical Center in New Orleans, Louisiana, for which 
funds were appropriated for the Department of Veterans Affairs for the 
``Construction, major projects'' account in Public Law 109-234 and 
Public Law 109-148 shall be treated for purposes of section 8104(b) of 
title 38, United States Code, as a major medical facility project that 
has been specifically authorized by law, and the Secretary of Veterans 
Affairs may obligate and expend amounts so appropriated for that 
account for that project for the purchase of a site including property 
exchange for, and new construction, restoration, or replacement of, the 
Department of Veterans Affairs Medical Center in New Orleans, 
Louisiana.
    Sec. 229. Of the amount appropriated by this title, up to 
$18,000,000 may be available for necessary expenses, including salaries 
and expenses, for the provision of additional mental health services 
through centers for readjustment counseling and related mental health 
services for veterans under section 1712A of title 38, United States 
Code (commonly referred to as ``Vet Centers''), to veterans who served 
in combat in Iraq or Afghanistan.
    Sec. 230. Not later than 60 days after the date of the enactment of 
this Act, the Secretary of Veterans Affairs shall submit to the 
Committee on Appropriations of the Senate and the Committee on 
Appropriations of the House of Representatives a report on the actions 
taken by the Secretary to test veterans for vestibular damage.
    Sec. 231. (a) Increase in Threshold for Major Medical Facility 
Projects.--Section 8104(a)(3)(A) of title 38, United States Code, is 
amended by striking ``$7,000,000'' and inserting ``$10,000,000''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on October 1, 2006, and shall apply with respect to fiscal 
years beginning on or after that date.
    Sec. 232. Notwithstanding any other provision of law, the Secretary 
is authorized to carry out major medical facility projects and leases 
for which any funds have been appropriated under this Act or any other 
Act. Further, for major medical facility projects authorized under 
Public Law 108-170, the Secretary may carry out contracts through 
September 30, 2007, including land purchase on projects for which Phase 
I design has been authorized.
    Sec. 233. Of the amount appropriated by this title under the 
heading ``Veterans Health Administration'', up to $1,000,000 shall be 
available for the Office of Inspector General.
    Sec. 234. (a) Colocation of Community Based Outpatient Clinic With 
Wagner Indian Health Service Unit, Wagner, South Dakota.--No amount 
appropriated or otherwise made available for the Department of Veterans 
Affairs by this title may be obligated or expended to implement a 
business plan of Veterans Integrated Service Network 23 (VISN 23) for 
the implementation a Community Based Outpatient Clinic (CBOC) in 
Wagner, South Dakota, unless such business plan contains an evaluation 
and an analysis of the prospect of colocating such Community Based 
Outpatient Clinic with the Wagner Indian Health Service unit in Wagner, 
South Dakota.
    (b) Availability of Amounts for Emergency Room Services at Wagner 
Indian Health Service Unit.--Of the amount appropriated or otherwise 
made available to the Department of Veterans Affairs by this title 
under the heading ``Medical Facilities'', at the discretion of the 
Secretary of the Department of Veterans Affairs up to $500,000 may be 
available for emergency room services at the Wagner Indian Health 
Service unit pending implementation of a business plan meeting the 
requirements in subsection (a).
    Sec. 235. (a) Study on Costs of Comprehensive Service Programs for 
Homeless Veterans.--The Secretary of Veterans Affairs shall carry out a 
study of costs associated with the Comprehensive Service Programs 
authorized by sections 2011 and 2012 of title 38 United States Code.
    (b) Report.--Not later than 120 days after the date of the 
enactment of this Act, the Secretary shall submit to the Committees on 
Veterans' Affairs and Appropriations of the Senate and the Committees 
on Veterans' Affairs and Appropriations of the House of Representatives 
a report on the study required by subsection (a). The report shall set 
forth the following:
            (1) The number of authorized and operational transitional 
        housing beds and service centers under the programs referred to 
        in subsection (a) in fiscal year 2006, and the number of such 
        beds and centers in each State and in each Congressional 
        District during such fiscal year.
            (2) The cost in fiscal year 2006 of grants under section 
        2011 of title 38, United States Code, to authorized and 
        operational transitional housing beds and service centers under 
        the programs referred to in that subsection.
            (3) The cost in fiscal year 2006 of per diem payments under 
        section 2012 of title 38 United States Code, to authorized and 
        operational transitional housing beds and service centers under 
        the programs referred to in that subsection.
            (4) The number of applications received, scored as 
        qualified, and awarded pursuant to the Capital Grant Notice of 
        Funds Availability published on April 20, 2006.
            (5) The range of per diem payment rates, the average per 
        diem payment rate, and the median per diem payment rate paid to 
        recipients of grants under section 2012 of title 38, United 
        States Code, in fiscal year 2006.
            (6) The number and percentage of total recipients of grants 
        under section 2011 of title 38 United States Code, in fiscal 
        year 2006 being paid under section 2012 of title 38, United 
        States Code, the rate authorized for State homes for 
        domiciliary care under section 1741(a)(1)(A) of that title for 
        fiscal year 2006.

                               TITLE III

                            RELATED AGENCIES

                  AMERICAN BATTLE MONUMENTS COMMISSION

                         Salaries and Expenses

    For necessary expenses, not otherwise provided for, of the American 
Battle Monuments Commission, including the acquisition of land or 
interest in land in foreign countries; purchases and repair of uniforms 
for caretakers of national cemeteries and monuments outside of the 
United States and its territories and possessions; rent of office and 
garage space in foreign countries; purchase (one-for-one replacement 
only) and hire of passenger motor vehicles; not to exceed $7,500 for 
official reception and representation expenses; and insurance of 
official motor vehicles in foreign countries, when required by law of 
such countries, $37,088,000, to remain available until expended.

                     Foreign Currency Fluctuations

    For necessary expenses, not otherwise provided for, of the American 
Battle Monuments Commission, $4,900,000, to remain available until 
expended, for purposes authorized by section 2109 of title 36, United 
States Code.

           UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

                         Salaries and Expenses

    For necessary expenses for the operation of the United States Court 
of Appeals for Veterans Claims as authorized by sections 7251-7298 of 
title 38, United States Code, $19,790,000: Provided, That $1,260,000 
shall be available for the purpose of providing financial assistance as 
described, and in accordance with the process and reporting procedures 
set forth, under this heading in Public Law 102-229.

                      DEPARTMENT OF DEFENSE--CIVIL

                       Cemeterial Expenses, Army

                         Salaries and Expenses

    For necessary expenses, as authorized by law, for maintenance, 
operation, and improvement of Arlington National Cemetery and Soldiers' 
and Airmen's Home National Cemetery, including the purchase of two 
passenger motor vehicles for replacement only, and not to exceed $1,000 
for official reception and representation expenses, $26,550,000, to 
remain available until expended. In addition, such sums as may be 
necessary for parking maintenance, repairs and replacement, to be 
derived from the Lease of Department of Defense Real Property for 
Defense Agencies account.

                      ARMED FORCES RETIREMENT HOME

    For expenses necessary for the Armed Forces Retirement Home to 
operate and maintain the Armed Forces Retirement Home--Washington, 
District of Columbia and the Armed Forces Retirement Home--Gulfport, 
Mississippi, to be paid from funds available in the Armed Forces 
Retirement Home Trust Fund, $54,846,000.

                       ADMINISTRATIVE PROVISIONS

    Sec. 301. None of the funds in this title under the heading 
``American Battle Monuments Commission'' shall be available for the 
Capital Security Costs Sharing program.

                    (including rescission of funds)

    Sec. 302. (a) For an additional amount for ``United States Court of 
Appeals for Veterans Claims, Salaries and Expenses'', $500,000, to 
remain available until expended, for implementation of the Appellate 
Case Management Electronic Case Files System.
    (b) Of the amount appropriated under the heading ``United States 
Court of Appeals for Veterans Claims, Salaries and Expenses'', in the 
Military Quality of Life, Military Construction, and Veterans Affairs 
Appropriations Act, 2006 (Public Law 109-114), $500,000 are rescinded.
    (c) This section shall take effect immediately upon enactment of 
this Act.

                                TITLE IV

                           GENERAL PROVISIONS

    Sec. 401. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 402. Such sums as may be necessary for fiscal year 2007 pay 
raises for programs funded by this Act shall be absorbed within the 
levels appropriated in this Act.
    Sec. 403. None of the funds made available in this Act may be used 
for any program, project, or activity, when it is made known to the 
Federal entity or official to which the funds are made available that 
the program, project, or activity is not in compliance with any Federal 
law relating to risk assessment, the protection of private property 
rights, or unfunded mandates.
    Sec. 404. No part of any funds appropriated in this Act shall be 
used by an agency of the executive branch, other than for normal and 
recognized executive-legislative relationships, for publicity or 
propaganda purposes, and for the preparation, distribution or use of 
any kit, pamphlet, booklet, publication, radio, television or film 
presentation designed to support or defeat legislation pending before 
Congress, except in presentation to Congress itself.
    Sec. 405. All departments and agencies funded under this Act are 
encouraged, within the limits of the existing statutory authorities and 
funding, to expand their use of ``E-Commerce'' technologies and 
procedures in the conduct of their business practices and public 
service activities.
    Sec. 406. None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government except pursuant to a transfer made by, or transfer 
authority provided in, this Act or any other appropriations Act.
    Sec. 407. Unless stated otherwise, all reports and notifications 
required by this Act shall be submitted to the Subcommittee on Military 
Quality of Life and Veterans Affairs, and Related Agencies of the 
Committee on Appropriations of the House of Representatives and the 
Subcommittee on Military Construction and Veterans Affairs, and Related 
Agencies of the Committee on Appropriations of the Senate.

                TITLE V--DIGITAL AND WIRELESS TECHNOLOGY

SEC. 501. SHORT TITLE.

    This title may be cited as the ``Minority Serving Institution 
Digital and Wireless Technology Opportunity Act of 2006''.

SEC. 502. ESTABLISHMENT OF PROGRAM.

    Section 5 of the Stevenson-Wydler Technology Innovation Act of 1980 
(15 U.S.C. 3704) is amended by inserting the following after subsection 
(f):
    ``(g) Minority Serving Institution Digital and Wireless Technology 
Opportunity Program.--
            ``(1) In general.--The Secretary, acting through the Under 
        Secretary, shall establish a Minority Serving Institution 
        Digital and Wireless Technology Opportunity Program to assist 
        eligible institutions in acquiring, and augmenting their use 
        of, digital and wireless networking technologies to improve the 
        quality and delivery of educational services at eligible 
        institutions.
            ``(2) Authorized activities.--An eligible institution may 
        use a grant, cooperative agreement, or contract awarded under 
        this subsection--
                    ``(A) to acquire equipment, instrumentation, 
                networking capability, hardware and software, digital 
                network technology, wireless technology, and 
                infrastructure to further the objective of the Program 
                described in paragraph (1);
                    ``(B) to develop and provide training, education, 
                and professional development programs, including 
                faculty development, to increase the use of, and 
                usefulness of, digital and wireless networking 
                technology;
                    ``(C) to provide teacher education, including the 
                provision of preservice teacher training and in-service 
                professional development at eligible institutions, 
                library and media specialist training, and preschool 
                and teacher aid certification to individuals who seek 
                to acquire or enhance technology skills in order to use 
                digital and wireless networking technology in the 
                classroom or instructional process, including 
                instruction in science, mathematics, engineering, and 
                technology subjects; and
                    ``(D) to foster the use of digital and wireless 
                networking technology to improve research and 
                education, including scientific, mathematics, 
                engineering, and technology instruction.
            ``(3) Application and review procedures.--
                    ``(A) In general.--To be eligible to receive a 
                grant, cooperative agreement, or contract under this 
                subsection, an eligible institution shall submit an 
                application to the Under Secretary at such time, in 
                such manner, and containing such information as the 
                Under Secretary may require. Such application, at a 
                minimum, shall include a description of how the funds 
                will be used, including a description of any digital 
                and wireless networking technology to be acquired, and 
                a description of how the institution will ensure that 
                digital and wireless networking will be made accessible 
                to, and employed by, students, faculty, and 
                administrators. The Under Secretary, consistent with 
                subparagraph (B), shall establish procedures to review 
                such applications. The Under Secretary shall publish 
                the application requirements and review criteria in the 
                Federal Register, along with a statement describing the 
                availability of funds.
                    ``(B) Review panels.--Each application submitted 
                under this subsection by an eligible institution shall 
                be reviewed by a panel of individuals selected by the 
                Under Secretary to judge the quality and merit of the 
                proposal, including the extent to which the eligible 
                institution can effectively and successfully utilize 
                the proposed grant, cooperative agreement, or contract 
                to carry out the program described in paragraph (1). 
                The Under Secretary shall ensure that the review panels 
                include representatives of minority serving 
                institutions and others who are knowledgeable about 
                eligible institutions and digital and wireless 
                networking technology. The Under Secretary shall ensure 
                that no individual assigned under this subsection to 
                review any application has a conflict of interest with 
                regard to that application. The Under Secretary shall 
                take into consideration the recommendations of the 
                review panel in determining whether to award a grant, 
                cooperative agreement, or contract to an eligible 
                institution.
                    ``(C) Matching requirement.--The Under Secretary 
                may not award a grant, cooperative agreement, or 
                contract to an eligible institution under this 
                subsection unless such institution agrees that, with 
                respect to the costs incurred by the institution in 
                carrying out the program for which the grant, 
                cooperative agreement, or contract was awarded, such 
                institution shall make available, directly, or through 
                donations from public or private entities, non-Federal 
                contributions in an amount equal to one-quarter of the 
                grant, cooperative agreement, or contract awarded by 
                the Under Secretary, or $500,000, whichever is the 
                lesser amount. The Under Secretary shall waive the 
                matching requirement for any institution or consortium 
                with no endowment, or an endowment that has a current 
                dollar value lower than $50,000,000.
                    ``(D) Awards.--
                            ``(i) Limitation.--An eligible institution 
                        that receives a grant, cooperative agreement, 
                        or contract under this subsection that exceeds 
                        $2,500,000 shall not be eligible to receive 
                        another grant, cooperative agreement, or 
                        contract.
                            ``(ii) Consortia.--Grants, cooperative 
                        agreements, and contracts may only be awarded 
                        to eligible institutions. Eligible institutions 
                        may seek funding under this subsection for 
                        consortia which may include other eligible 
                        institutions, a State or a State educational 
                        agency, local educational agencies, 
                        institutions of higher education, community-
                        based organizations, national nonprofit 
                        organizations, or businesses, including 
                        minority businesses.
                            ``(iii) Planning grants.--The Under 
                        Secretary may provide funds to develop 
                        strategic plans to implement such grants, 
                        cooperative agreements, or contracts.
                            ``(iv) Institutional diversity.--In 
                        awarding grants, cooperative agreements, and 
                        contracts to eligible institutions, the Under 
                        Secretary shall ensure, to the extent 
                        practicable, that awards are made to all types 
                        of institutions eligible for assistance under 
                        this subsection.
                            ``(v) Need.--In awarding funds under this 
                        subsection, the Under Secretary shall give 
                        priority to the institution with the greatest 
                        demonstrated need for assistance.
                    ``(E) Annual report and evaluation.--
                            ``(i) Annual report required from 
                        recipients.--Each institution that receives a 
                        grant, cooperative agreement, or contract 
                        awarded under this subsection shall provide an 
                        annual report to the Under Secretary on its use 
                        of the grant, cooperative agreement, or 
                        contract.
                            ``(ii) Independent assessment.--Not later 
                        than 6 months after the date of enactment of 
                        this subsection, the Under Secretary shall 
                        enter into a contract with the National Academy 
                        of Public Administration to conduct periodic 
                        assessments of the program. The Assessments 
                        shall be conducted once every 3 years during 
                        the 10-year period following the enactment of 
                        this subsection. The assessments shall include 
                        an evaluation of the effectiveness of the 
                        program in improving the education and training 
                        of students, faculty and staff at eligible 
                        institutions that have been awarded grants, 
                        cooperative agreements, or contracts under the 
                        program; an evaluation of the effectiveness of 
                        the program in improving access to, and 
                        familiarity with, digital and wireless 
                        networking technology for students, faculty, 
                        and staff at all eligible institutions; an 
                        evaluation of the procedures established under 
                        subparagraph (A); and recommendations for 
                        improving the program, including 
                        recommendations concerning the continuing need 
                        for Federal support. In carrying out its 
                        assessments, the National Academy of Public 
                        Administration shall review the reports 
                        submitted to the Under Secretary under clause 
                        (i).
                            ``(iii) Report to congress.--Upon 
                        completion of each independent assessment 
                        carried out under clause (ii), the Under 
                        Secretary shall transmit the assessment to 
                        Congress along with a summary of the Under 
                        Secretary's plans, if any, to implement the 
                        recommendations of the National Academy of 
                        Public Administration.
                    ``(F) Definitions.--In this subsection:
                            ``(i) Digital and wireless networking 
                        technology.--The term `digital and wireless 
                        networking technology' means computer and 
                        communications equipment and software that 
                        facilitates the transmission of information in 
                        a digital format.
                            ``(ii) Eligible institution.--The term 
                        `eligible institution' means an institution 
                        that is--
                                    ``(I) a historically Black college 
                                or university that is a part B 
                                institution, as defined in section 
                                322(2) of the Higher Education Act of 
                                1965 (20 U.S.C. 1061(2)), or an 
                                institution described in section 
                                326(e)(1) of that Act (20 U.S.C. 
                                1063b(e)(1));
                                    ``(II) a Hispanic-serving 
                                institution, as defined in section 
                                502(a)(5) of the Higher Education Act 
                                of 1965 (20 U.S.C. 1101a(a)(5));
                                    ``(III) a tribally controlled 
                                college or university, as defined in 
                                section 316(b)(3) of the Higher 
                                Education Act of 1965 (20 U.S.C. 
                                1059c(b)(3));
                                    ``(IV) an Alaska Native-serving 
                                institution under section 317(b) of the 
                                Higher Education Act of 1965 (20 U.S.C. 
                                1059d(b)); or
                                    ``(V) a Native Hawaiian-serving 
                                institution under section 317(b) of the 
                                Higher Education Act of 1965 (20 U.S.C. 
                                1059d(b)).
                            ``(iii) Institution of higher education.--
                        The term `institution of higher education' has 
                        the meaning given the term in section 101 of 
                        the Higher Education Act of 1965 (20 U.S.C. 
                        1001).
                            ``(iv) Local educational agency.--The term 
                        `local educational agency' has the meaning 
                        given the term in section 9101 of the 
                        Elementary and Secondary Education Act of 1965 
                        (20 U.S.C. 7801).
                            ``(v) Minority business.--The term 
                        `minority business' includes HUBZone small 
                        business concerns (as defined in section 3(p) 
                        of the Small Business Act (15 U.S.C. 632(p)).
                            ``(vi) Minority individual.--The term 
                        `minority individual' means an American Indian, 
                        Alaskan Native, Black (not of Hispanic origin), 
                        Hispanic (including persons of Mexican, Puerto 
                        Rican, Cuban and Central or South American 
                        origin), or Pacific Islander individual.
                            ``(vii) State.--The term `State' has the 
                        meaning given the term in section 9101 of the 
                        Elementary and Secondary Education Act of 1965 
                        (20 U.S.C. 7801).
                            ``(viii) State educational agency.--The 
                        term `State educational agency' has the meaning 
                        given the term in section 9101 of the 
                        Elementary and Secondary Education Act of 1965 
                        (20 U.S.C. 7801).''.

SEC. 503. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Technology 
Administration of the Department of Commerce to carry out section 5(g) 
of the Stevenson-Wydler Technology Innovation Act of 1980 such sums as 
may be necessary for each of the fiscal years 2007 through 2010.
    This Act may be cited as the ``Military Construction and Veterans 
Affairs and Related Agencies Appropriations Act, 2007''.
            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
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