II 

Calendar No. 205 

110TH CONGRESS 

1ST SESSION S. 1645 

[Report No. 110–85] 

Making appropriations for military construction, the Department of Veterans 

Affairs, and related agencies for the fiscal year ending September 30, 

2008, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 18, 2007 

Mr. REED, from the Committee on Appropriations, reported the following 

original bill; which was read twice and placed on the calendar 

A BILL 

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

fiscal year ending September 30, 2008, and for other 

purposes. 

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

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for 

5 military construction, the Department of Veterans Affairs, 
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1 and related agencies for the fiscal year ending September 

2 30, 2008, and for other purposes, namely: 

3 TITLE I 

4 DEPARTMENT OF DEFENSE 

5 MILITARY CONSTRUCTION, ARMY

6 For acquisition, construction, installation, and equip7 ment of temporary or permanent public works, military 

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

9 currently authorized by law, including personnel in the 

10 Army Corps of Engineers and other personal services nec11 essary for the purposes of this appropriation, and for con12 struction and operation of facilities in support of the func13 tions of the Commander in Chief, $3,928,149,000, to re14 main available until September 30, 2012: Provided, That 

15 of this amount, not to exceed $317,149,000 shall be avail16 able for study, planning, design, architect and engineer 

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

18 unless the Secretary of Defense determines that additional 

19 obligations are necessary for such purposes and notifies 

20 the Committees on Appropriations of both Houses of Con21 gress of the determination and the reasons therefor. 

22 MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

23 For acquisition, construction, installation, and equip24 ment of temporary or permanent public works, naval in25 stallations, facilities, and real property for the Navy and 
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1 Marine Corps as currently authorized by law, including 

2 personnel in the Naval Facilities Engineering Command 

3 and other personal services necessary for the purposes of 

4 this appropriation, $2,168,315,000, to remain available 

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

6 not to exceed $115,258,000 shall be available for study, 

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

8 authorized by law, unless the Secretary of Defense deter9 mines that additional obligations are necessary for such 

10 purposes and notifies the Committees on Appropriations 

11 of both Houses of Congress of the determination and the 

12 reasons therefor. 

13 MILITARY CONSTRUCTION, AIR FORCE

14 For acquisition, construction, installation, and equip15 ment of temporary or permanent public works, military 

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

17 as currently authorized by law, $1,048,518,000, to remain 

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

19 amount, not to exceed $64,958,000 shall be available for 

20 study, planning, design, and architect and engineer serv21 ices, as authorized by law, unless the Secretary of Defense 

22 determines that additional obligations are necessary for 

23 such purposes and notifies the Committees on Appropria24 tions of both Houses of Congress of the determination and 

25 the reasons therefor. 
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1 MILITARY CONSTRUCTION, DEFENSE-WIDE

2 (INCLUDING TRANSFER OF FUNDS)

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

7 departments), as currently authorized by law, 

8 $1,758,755,000, to remain available until September 30, 

9 2012: Provided, That such amounts of this appropriation 

10 as may be determined by the Secretary of Defense may 

11 be transferred to such appropriations of the Department 

12 of Defense available for military construction or family 

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

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

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

16 transferred: Provided further, That of the amount appro17 priated, not to exceed $154,728,000 shall be available for 

18 study, planning, design, and architect and engineer serv19 ices, as authorized by law, unless the Secretary of Defense 

20 determines that additional obligations are necessary for 

21 such purposes and notifies the Committees on Appropria22 tions of both Houses of Congress of the determination and 

23 the reasons therefor. 
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1 MILITARY CONSTRUCTION, ARMY NATIONAL GUARD

2 For construction, acquisition, expansion, rehabilita3 tion, and conversion of facilities for the training and ad4 ministration of the Army National Guard, and contribu5 tions therefor, as authorized by chapter 1803 of title 10, 

6 United States Code, and Military Construction Authoriza7 tion Acts, $478,836,000, to remain available until Sep8 tember 30, 2012. 

9 MILITARY CONSTRUCTION, AIR NATIONAL GUARD

10 For construction, acquisition, expansion, rehabilita11 tion, and conversion of facilities for the training and ad12 ministration of the Air National Guard, and contributions 

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

14 States Code, and Military Construction Authorization 

15 Acts, $228,995,000, to remain available until September 

16 30, 2012. 

17 MILITARY CONSTRUCTION, ARMY RESERVE

18 For construction, acquisition, expansion, rehabilita19 tion, and conversion of facilities for the training and ad20 ministration of the Army Reserve as authorized by chapter 

21 1803 of title 10, United States Code, and Military Con22 struction Authorization Acts, $138,424,000, to remain 

23 available until September 30, 2012. 
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1 MILITARY CONSTRUCTION, NAVY RESERVE

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

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

6 United States Code, and Military Construction Authoriza7 tion Acts, $59,150,000, to remain available until Sep8 tember 30, 2012. 

9 MILITARY CONSTRUCTION, AIR FORCE RESERVE

10 (INCLUDING RESCISSION OF FUNDS)

11 For construction, acquisition, expansion, rehabilita12 tion, and conversion of facilities for the training and ad13 ministration of the Air Force Reserve as authorized by 

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

15 Construction Authorization Acts, $27,559,000, to remain 

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

17 funds appropriated for ‘‘Military Construction, Air Force 

18 Reserve’’ under Public Law 109–114, $3,100,000 are 

19 hereby rescinded. 

20 NORTH ATLANTIC TREATY ORGANIZATION

21 SECURITY INVESTMENT PROGRAM

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

23 Atlantic Treaty Organization Security Investment Pro24 gram for the acquisition and construction of military fa25 cilities and installations (including international military 
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1 headquarters) and for related expenses for the collective 

2 defense of the North Atlantic Treaty Area as authorized 

3 by section 2806 of title 10, United States Code, and Mili4 tary Construction Authorization Acts, $201,400,000, to 

5 remain available until expended. 

6 FAMILY HOUSING CONSTRUCTION, ARMY

7 For expenses of family housing for the Army for con8 struction, including acquisition, replacement, addition, ex9 pansion, extension, and alteration, as authorized by law, 

10 $419,400,000, to remain available until September 30, 

11 2012. 

12 FAMILY HOUSING OPERATION AND MAINTENANCE, 

13 ARMY

14 For expenses of family housing for the Army for op15 eration and maintenance, including debt payment, leasing, 

16 minor construction, principal and interest charges, and in17 surance premiums, as authorized by law, $742,920,000. 

18 FAMILY HOUSING CONSTRUCTION, NAVY AND MARINE

19 CORPS

20 For expenses of family housing for the Navy and Ma21 rine Corps for construction, including acquisition, replace22 ment, addition, expansion, extension, and alteration, as 

23 authorized by law, $288,329,000, to remain available until 

24 September 30, 2012. 
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1 FAMILY HOUSING OPERATION AND MAINTENANCE, 

2 NAVY AND MARINE CORPS

3 For expenses of family housing for the Navy and Ma4 rine Corps for operation and maintenance, including debt 

5 payment, leasing, minor construction, principal and inter6 est charges, and insurance premiums, as authorized by 

7 law, $371,404,000. 

8 FAMILY HOUSING CONSTRUCTION, AIR FORCE

9 For expenses of family housing for the Air Force for 

10 construction, including acquisition, replacement, addition, 

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

12 $362,747,000, to remain available until September 30, 

13 2012. 

14 FAMILY HOUSING OPERATION AND MAINTENANCE, AIR

15 FORCE

16 For expenses of family housing for the Air Force for 

17 operation and maintenance, including debt payment, leas18 ing, minor construction, principal and interest charges, 

19 and insurance premiums, as authorized by law, 

20 $688,335,000. 

21 FAMILY HOUSING OPERATION AND MAINTENANCE, 

22 DEFENSE-WIDE

23 For expenses of family housing for the activities and 

24 agencies of the Department of Defense (other than the 

25 military departments) for operation and maintenance, 
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1 leasing, and minor construction, as authorized by law, 

2 $48,848,000. 

3 DEPARTMENT OF DEFENSE FAMILY HOUSING

4 IMPROVEMENT FUND

5 For the Department of Defense Family Housing Im6 provement Fund, $500,000, to remain available until ex7 pended, for family housing initiatives undertaken pursu8 ant to section 2883 of title 10, United States Code, pro9 viding alternative means of acquiring and improving mili10 tary family housing and supporting facilities. 

11 CHEMICAL DEMILITARIZATION CONSTRUCTION, 

12 DEFENSE-WIDE

13 For expenses of construction, not otherwise provided 

14 for, necessary for the destruction of the United States 

15 stockpile of lethal chemical agents and munitions in ac16 cordance with section 1412 of the Department of Defense 

17 Authorization Act, 1986 (50 U.S.C. 1521), and for the 

18 destruction of other chemical warfare materials that are 

19 not in the chemical weapon stockpile, as currently author20 ized by law, $104,176,000, to remain available until Sep21 tember 30, 2012, which shall be only for the Assembled 

22 Chemical Weapons Alternatives program. 
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1 DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT

2 1990 

3 For deposit into the Department of Defense Base 

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

5 of the Defense Base Closure and Realignment Act of 1990 

6 (10 U.S.C. 2687 note), $320,689,000, to remain available 

7 until expended. 

8 DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT

9 2005 

10 For deposit into the Department of Defense Base 

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

12 of the Defense Base Closure and Realignment Act of 1990 

13 (10 U.S.C. 2687 note), $8,174,315,000, to remain avail14 able until expended: Provided, That funds made available 

15 under this heading for the construction of facilities are 

16 subject to the notification and reprogramming require17 ments applicable to military construction projects under 

18 section 2853 of title 10, United States Code, and section 

19 0703 of the Department of Defense Financial Manage20 ment Regulation of December 1996, including the require21 ment to obtain the approval of the congressional defense 

22 committees prior to executing certain reprogramming ac23 tions. 
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1 ADMINISTRATIVE PROVISIONS

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

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

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

6 except Alaska, without the specific approval in writing of 

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

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

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

15 the construction of access roads as authorized by section 

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

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

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

21 the United States for which specific appropriations have 

22 not been made. 

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

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

25 in excess of 100 percent of the value as determined by 
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1 the Army Corps of Engineers or the Naval Facilities Engi2 neering Command, except: (1) where there is a determina3 tion of value by a Federal court; (2) purchases negotiated 

4 by the Attorney General or the designee of the Attorney 

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

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

7 of Defense to be in the public interest. 

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

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

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

11 except housing for which funds have been made available 

12 in annual Acts making appropriations for military con13 struction. 

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

15 title for minor construction may be used to transfer or 

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

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

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

23 the opportunity to compete for such steel procurement. 

24 SEC. 109. None of the funds available to the Depart25 ment of Defense for military construction or family hous-
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1 ing during the current fiscal year may be used to pay real 

2 property taxes in any foreign nation. 

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

4 title may be used to initiate a new installation overseas 

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

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

8 title may be obligated for architect and engineer contracts 

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

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

12 bordering the Arabian Sea if that country has not in13 creased its defense spending by at least 3 percent in cal14 endar year 2005, unless such contracts are awarded to 

15 United States firms or United States firms in joint ven16 ture with host nation firms. 

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

18 title for military construction in the United States terri19 tories and possessions in the Pacific and on Kwajalein 

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

21 used to award any contract estimated by the Government 

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

23 That this section shall not be applicable to contract 

24 awards for which the lowest responsive and responsible bid 

25 of a United States contractor exceeds the lowest respon-
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1 sive and responsible bid of a foreign contractor by greater 

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

3 not apply to contract awards for military construction on 

4 Kwajalein Atoll for which the lowest responsive and re5 sponsible bid is submitted by a Marshallese contractor. 

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

7 appropriate committees of both Houses of Congress, in8 cluding the Committees on Appropriations, of the plans 

9 and scope of any proposed military exercise involving 

10 United States personnel 30 days prior to its occurring, 

11 if amounts expended for construction, either temporary or 

12 permanent, are anticipated to exceed $750,000. 

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

14 made available in this title which are limited for obligation 

15 during the current fiscal year shall be obligated during 

16 the last two months of the fiscal year. 

17 (INCLUDING TRANSFER OF FUNDS)

18 SEC. 115. Funds appropriated to the Department of 

19 Defense for construction in prior years shall be available 

20 for construction authorized for each such military depart21 ment by the authorizations enacted into law during the 

22 current session of Congress. 

23 SEC. 116. For military construction or family housing 

24 projects that are being completed with funds otherwise ex25 pired or lapsed for obligation, expired or lapsed funds may 

26 be used to pay the cost of associated supervision, inspec-
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1 tion, overhead, engineering and design on those projects 

2 and on subsequent claims, if any. 

3 SEC. 117. Notwithstanding any other provision of 

4 law, any funds made available to a military department 

5 or defense agency for the construction of military projects 

6 may be obligated for a military construction project or 

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

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

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

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

11 obligated from funds available for military construction 

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

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

14 such project is increased pursuant to law. 

15 SEC. 118. (a) The Secretary of Defense, in consulta16 tion with the Secretary of State, shall submit to the Com17 mittees on Appropriations of both Houses of Congress, by 

18 February 15 of each year, an annual report on actions 

19 taken by the Department of Defense and the Department 

20 of State during the previous fiscal year to encourage host 

21 countries to assume a greater share of the common de22 fense burden of such countries and the United States. 

23 (b) The report under subsection (a) shall include a 

24 description of— 
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1 (1) attempts to secure cash and in-kind con2 tributions from host countries for military construc3 tion projects; 

4 (2) attempts to achieve economic incentives of5 fered by host countries to encourage private invest6 ment for the benefit of the United States Armed 

7 Forces; 

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

9 the United States by host countries for assets deed10 ed or otherwise imparted to host countries upon the 

11 cessation of United States operations at military in12 stallations; 

13 (4) the amount spent by host countries on de14 fense, in dollars and in terms of the percent of gross 

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

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

17 North Atlantic Treaty Organization (NATO), the 

18 amount contributed to NATO by host countries, in 

19 dollars and in terms of the percent of the total 

20 NATO budget. 

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

22 other member countries of NATO, Japan, South Korea, 

23 and United States allies bordering the Arabian Sea. 

24 (INCLUDING TRANSFER OF FUNDS)

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

26 available to the Department of Defense, proceeds depos-
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1 ited to the Department of Defense Base Closure Account 

2 established by section 207(a)(1) of the Defense Authoriza3 tion Amendments and Base Closure and Realignment Act 

4 (10 U.S.C. 2687 note) pursuant to section 207(a)(2)(C) 

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

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

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

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

9 and the same time period as that account. 

10 (INCLUDING TRANSFER OF FUNDS)

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

12 Committees on Appropriations of both Houses of Con13 gress, such additional amounts as may be determined by 

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

15 Department of Defense Family Housing Improvement 

16 Fund from amounts appropriated for construction in 

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

18 available for the same purposes and for the same period 

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

20 (2) the Department of Defense Military Unaccompanied 

21 Housing Improvement Fund from amounts appropriated 

22 for construction of military unaccompanied housing in 

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

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

25 period of time as amounts appropriated directly to the 

26 Fund: Provided, That appropriations made available to the 
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1 Funds shall be available to cover the costs, as defined in 

2 section 502(5) of the Congressional Budget Act of 1974, 

3 of direct loans or loan guarantees issued by the Depart4 ment of Defense pursuant to the provisions of subchapter 

5 IV of chapter 169 of title 10, United States Code, per6 taining to alternative means of acquiring and improving 

7 military family housing, military unaccompanied housing, 

8 and supporting facilities. 

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

10 any solicitation for a contract with the private sector for 

11 military family housing the Secretary of the military de12 partment concerned shall submit to the Committees on 

13 Appropriations of both Houses of Congress the notice de14 scribed in subsection (b). 

15 (b)(1) A notice referred to in subsection (a) is a no16 tice of any guarantee (including the making of mortgage 

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

18 to the private party under the contract involved in the 

19 event of— 

20 (A) the closure or realignment of the installa21 tion for which housing is provided under the con22 tract; 

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

24 such installation; or 
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1 (C) the extended deployment overseas of units 

2 stationed at such installation. 

3 (2) Each notice under this subsection shall specify 

4 the nature of the guarantee involved and assess the extent 

5 and likelihood, if any, of the liability of the Federal Gov6 ernment with respect to the guarantee. 

7 (INCLUDING TRANSFER OF FUNDS)

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

9 available to the Department of Defense, amounts may be 

10 transferred from the accounts established by sections 

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

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

13 the fund established by section 1013(d) of the Demonstra14 tion Cities and Metropolitan Development Act of 1966 (42 

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

16 Homeowners Assistance Program. Any amounts trans17 ferred shall be merged with and be available for the same 

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

19 which transferred. 

20 SEC. 123. Notwithstanding this or any other provi21 sion of law, funds made available in this title for operation 

22 and maintenance of family housing shall be the exclusive 

23 source of funds for repair and maintenance of all family 

24 housing units, including general or flag officer quarters: 

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

26 spent annually for the maintenance and repair of any gen-
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1 eral or flag officer quarters without 30 days prior notifica2 tion to the Committees on Appropriations of both Houses 

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

4 be submitted if the limitation is exceeded solely due to 

5 costs associated with environmental remediation that 

6 could not be reasonably anticipated at the time of the 

7 budget submission: Provided further, That the Under Sec8 retary of Defense (Comptroller) is to report annually to 

9 the Committees on Appropriations of both Houses of Con10 gress all operation and maintenance expenditures for each 

11 individual general or flag officer quarters for the prior fis12 cal year: Provided further, That nothing in this section 

13 precludes the Secretary of a military department, after no14 tifying the congressional defense committees and waiting 

15 21 days, from using funds derived under section 2601, 

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

17 United States Code, for the maintenance or repair of gen18 eral and flag officer quarters at the military service acad19 emy under the jurisdiction of that Secretary: Provided fur20 ther, That each Secretary of a military department shall 

21 provide an annual report by February 15 to the congres22 sional defense committees on the amount of funds that 

23 were derived under section 2601, chapter 403, chapter 

24 603, or chapter 903 of title 10, United States Code, in 

25 the previous year and were obligated for the construction, 
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1 improvement, repair, or maintenance of any military facil2 ity or infrastructure. 

3 SEC. 124. Amounts contained in the Ford Island Im4 provement Account established by subsection (h) of sec5 tion 2814 of title 10, United States Code, are appro6 priated and shall be available until expended for the pur7 poses specified in subsection (i)(1) of such section or until 

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

9 (INCLUDING TRANSFER OF FUNDS)

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

11 title, or in any Act making appropriations for military con12 struction which remain available for obligation, may be ob13 ligated or expended to carry out a military construction, 

14 land acquisition, or family housing project at or for a mili15 tary installation approved for closure, or at a military in16 stallation for the purposes of supporting a function that 

17 has been approved for realignment to another installation, 

18 in 2005 under the Defense Base Closure and Realignment 

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

20 510; 10 U.S.C. 2687 note), unless such a project at a mili21 tary installation approved for realignment will support a 

22 continuing mission or function at that installation or a 

23 new mission or function that is planned for that installa24 tion, or unless the Secretary of Defense certifies that the 

25 cost to the United States of carrying out such project 

26 would be less than the cost to the United States of cancel-
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1 ling such project, or if the project is at an active compo2 nent base that shall be established as an enclave or in the 

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

4 Government agency has indicated it will assume ownership 

5 of the completed project. The Secretary of Defense may 

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

9 such funds for another purpose or project without the 

10 prior approval of the Committees on Appropriations of 

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

12 military construction projects, land acquisition, or family 

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

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

18 construction project. 

19 SEC. 126. Funds made available by this title for the 

20 construction of facilities identified in the State table of 

21 the report accompanying this Act as ‘‘Grow the Force’’ 

22 projects are subject to the notification and reprogramming 

23 requirements applicable to military construction projects 

24 under section 2853 of title 10, United States Code, and 

25 section 0703 of the Department of Defense Financial 
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1 Management Regulation of December 1996, including the 

2 requirement to obtain the approval of the congressional 

3 defense committees prior to executing certain reprogram4 ming actions. 

5 TITLE II 

6 DEPARTMENT OF VETERANS AFFAIRS 

7 VETERANS BENEFITS PROGRAMS

8 COMPENSATION AND PENSIONS

9 (INCLUDING TRANSFER OF FUNDS)

10 For the payment of compensation benefits to or on 

11 behalf of veterans and a pilot program for disability ex12 aminations as authorized by law (38 U.S.C. 107, chapters 

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

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

15 chapters 15, 51, 53, 55, and 61; 92 Stat. 2508); and bur16 ial benefits, the Reinstated Entitlement Program for Sur17 vivors, emergency and other officers’ retirement pay, ad18 justed-service credits and certificates, payment of pre19 miums due on commercial life insurance policies guaran20 teed under the provisions of title IV of the Servicemembers 

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

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

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

24 123; 45 Stat. 735; 76 Stat. 1198), $41,236,322,000, to 

25 remain available until expended: Provided, That not to ex26 ceed $28,583,000 of the amount appropriated under this 
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1 heading shall be reimbursed to ‘‘General operating ex2 penses’’ and ‘‘Medical administration’’ for necessary ex3 penses in implementing the provisions of chapters 51, 53, 

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

5 for which is specifically provided as the ‘‘Compensation 

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

7 sums as may be earned on an actual qualifying patient 

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

9 fund’’ to augment the funding of individual medical facili10 ties for nursing home care provided to pensioners as au11 thorized. 

12 READJUSTMENT BENEFITS

13 For the payment of readjustment and rehabilitation 

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

15 (38 U.S.C. chapters 21, 30, 31, 34, 35, 36, 39, 51, 53, 

16 55, and 61), $3,300,289,000, to remain available until ex17 pended: Provided, That expenses for rehabilitation pro18 gram services and assistance which the Secretary is au19 thorized to provide under section 3104(a) of title 38, 

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

21 (2), (5), and (11) of that section, shall be charged to this 

22 account. 

23 VETERANS INSURANCE AND INDEMNITIES

24 For military and naval insurance, national service life 

25 insurance, servicemen’s indemnities, service-disabled vet26 erans insurance, and veterans mortgage life insurance as 
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1 authorized by title 38, United States Code, chapter 19; 

2 70 Stat. 887; 72 Stat. 487, $41,250,000, to remain avail3 able until expended. 

4 VETERANS HOUSING BENEFIT PROGRAM FUND PROGRAM

5 ACCOUNT

6 For the cost of direct and guaranteed loans, such 

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

8 authorized by subchapters I through III of chapter 37 of 

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

10 including the cost of modifying such loans, shall be as de11 fined in section 502 of the Congressional Budget Act of 

12 1974: Provided further, That during fiscal year 2008, 

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

14 gross obligations for direct loans are authorized for spe15 cially adapted housing loans. 

16 In addition, for administrative expenses to carry out 

17 the direct and guaranteed loan programs, $154,562,000. 

18 VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT

19 (INCLUDING TRANSFER OF FUNDS)

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

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

22 That such costs, including the cost of modifying such 

23 loans, shall be as defined in section 502 of the Congres24 sional Budget Act of 1974: Provided further, That funds 

25 made available under this heading are available to sub-
26 

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1 sidize gross obligations for the principal amount of direct 

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

3 In addition, for administrative expenses necessary to 

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

5 be transferred to and merged with the appropriation for 

6 ‘‘General operating expenses’’. 

7 NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM

8 ACCOUNT

9 (INCLUDING TRANSFER OF FUNDS)

10 For administrative expenses to carry out the direct 

11 loan program authorized by subchapter V of chapter 37 

12 of title 38, United States Code, $628,000. 

13 GUARANTEED TRANSITIONAL HOUSING LOANS FOR

14 HOMELESS VETERANS PROGRAM ACCOUNT

15 For the administrative expenses to carry out the 

16 guaranteed transitional housing loan program authorized 

17 by subchapter VI of chapter 37 of title 38, United States 

18 Code, not to exceed $750,000 of the amounts appropriated 

19 by this Act for ‘‘General operating expenses’’ and ‘‘Med20 ical services’’ may be expended. 

21 VETERANS HEALTH ADMINISTRATION

22 MEDICAL SERVICES

23 (INCLUDING TRANSFER OF FUNDS)

24 For necessary expenses for furnishing, as authorized 

25 by law, inpatient and outpatient care and treatment to 

26 beneficiaries of the Department of Veterans Affairs and 
27 

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

2 States Code, including care and treatment in facilities not 

3 under the jurisdiction of the Department, and including 

4 medical supplies and equipment, food services, and sala5 ries and expenses of health-care employees hired under 

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

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

8 $28,979,220,000, plus reimbursements: Provided, That of 

9 the funds made available under this heading, not to exceed 

10 $1,350,000,000 shall remain available until September 30, 

11 2009: Provided further, That, notwithstanding any other 

12 provision of law, the Secretary of Veterans Affairs shall 

13 establish a priority for treatment for veterans who are 

14 service-connected disabled, lower income, or have special 

15 needs: Provided further, That, notwithstanding any other 

16 provision of law, the Secretary of Veterans Affairs shall 

17 give priority funding for the provision of basic medical 

18 benefits to veterans in enrollment priority groups 1 

19 through 6: Provided further, That, notwithstanding any 

20 other provision of law, the Secretary of Veterans Affairs 

21 may authorize the dispensing of prescription drugs from 

22 Veterans Health Administration facilities to enrolled vet23 erans with privately written prescriptions based on re24 quirements established by the Secretary: Provided further, 

25 That the implementation of the program described in the 
28 

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1 previous proviso shall incur no additional cost to the De2 partment of Veterans Affairs: Provided further, That for 

3 the Department of Defense/Department of Veterans Af4 fairs Health Care Sharing Incentive Fund, as authorized 

5 by section 8111(d) of title 38, United States Code, a min6 imum of $15,000,000, to remain available until expended, 

7 for any purpose authorized by section 8111 of title 38, 

8 United States Code. 

9 MEDICAL ADMINISTRATION

10 For necessary expenses in the administration of the 

11 medical, hospital, nursing home, domiciliary, construction, 

12 supply, and research activities, as authorized by law; ad13 ministrative expenses in support of capital policy activi14 ties; and administrative and legal expenses of the Depart15 ment for collecting and recovering amounts owed the De16 partment as authorized under chapter 17 of title 38, 

17 United States Code, and Federal Medical Care Recovery 

18 Act (42 U.S.C. 2651 et seq.): $3,642,000,000, plus reim19 bursements, of which $250,000,000 shall remain available 

20 until September 30, 2009. 

21 MEDICAL FACILITIES

22 For necessary expenses for the maintenance and op23 eration of hospitals, nursing homes, and domiciliary facili24 ties and other necessary facilities for the Veterans Health 

25 Administration; for administrative expenses in support of 

26 planning, design, project management, real property ac-
29 

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1 quisition and disposition, construction and renovation of 

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

3 Department; for oversight, engineering and architectural 

4 activities not charged to project costs; for repairing, alter5 ing, improving or providing facilities in the several hos6 pitals and homes under the jurisdiction of the Depart7 ment, not otherwise provided for, either by contract or by 

8 the hire of temporary employees and purchase of mate9 rials; for leases of facilities; and for laundry services, 

10 $4,092,000,000, plus reimbursements, of which 

11 $350,000,000 shall remain available until September 30, 

12 2009: Provided, That not less than $350,000,000 for non13 recurring maintenance provided under this heading shall 

14 be allocated in a manner not subject to the Veterans Equi15 table Resource Allocation. 

16 MEDICAL AND PROSTHETIC RESEARCH

17 For necessary expenses in carrying out programs of 

18 medical and prosthetic research and development as au19 thorized by chapter 73 of title 38, United States Code, 

20 $500,000,000, plus reimbursements, to remain available 

21 until September 30, 2009. 

22 NATIONAL CEMETERY ADMINISTRATION

23 For necessary expenses of the National Cemetery Ad24 ministration for operations and maintenance, not other25 wise provided for, including uniforms or allowances there26 for; cemeterial expenses as authorized by law; purchase 
30 

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1 of one passenger motor vehicle for use in cemeterial oper2 ations; and hire of passenger motor vehicles, 

3 $217,709,000, of which not to exceed $25,000,000 shall 

4 remain available until September 30, 2009. 

5 DEPARTMENTAL ADMINISTRATION

6 GENERAL OPERATING EXPENSES

7 (INCLUDING TRANSFER OF FUNDS)

8 For necessary operating expenses of the Department 

9 of Veterans Affairs, not otherwise provided for, including 

10 administrative expenses in support of Department-wide 

11 capital planning, management and policy activities, uni12 forms or allowances therefor; not to exceed $25,000 for 

13 official reception and representation expenses; hire of pas14 senger motor vehicles; and reimbursement of the General 

15 Services Administration for security guard services, and 

16 the Department of Defense for the cost of overseas em17 ployee mail, $1,612,031,000: Provided, That expenses for 

18 services and assistance authorized under paragraphs (1), 

19 (2), (5), and (11) of section 3104(a) of title 38, United 

20 States Code, that the Secretary of Veterans Affairs deter21 mines are necessary to enable entitled veterans: (1) to the 

22 maximum extent feasible, to become employable and to ob23 tain and maintain suitable employment; or (2) to achieve 

24 maximum independence in daily living, shall be charged 

25 to this account: Provided further, That the Veterans Bene26 fits Administration shall be funded at not less than 
31 

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1 $1,329,044,000: Provided further, That of the funds made 

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

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

4 Provided further, That from the funds made available 

5 under this heading, the Veterans Benefits Administration 

6 may purchase up to two passenger motor vehicles for use 

7 in operations of that Administration in Manila, Phil8 ippines. 

9 OFFICE OF INSPECTOR GENERAL

10 For necessary expenses of the Office of Inspector 

11 General, to include information technology, in carrying out 

12 the provisions of the Inspector General Act of 1978, 

13 $88,700,000, of which $3,630,000 shall remain available 

14 until September 30, 2009. 

15 CONSTRUCTION, MAJOR PROJECTS

16 For constructing, altering, extending and improving 

17 any of the facilities including parking projects under the 

18 jurisdiction or for the use of the Department of Veterans 

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

20 316, 2404, 2406, 8102, 8103, 8106, 8108, 8109, 8110, 

21 and 8122 of title 38, United States Code, including plan22 ning, architectural and engineering services, construction 

23 management services, maintenance or guarantee period 

24 services costs associated with equipment guarantees pro25 vided under the project, services of claims analysts, offsite 

26 utility and storm drainage system construction costs, and 
32 

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

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

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

4 project were made available in a previous major project 

5 appropriation, $727,400,000, to remain available until ex6 pended, of which $2,000,000 shall be to make reimburse7 ments as provided in section 13 of the Contract Disputes 

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

9 disputes: Provided, That except for advance planning ac10 tivities, including needs assessments which may or may 

11 not lead to capital investments, and other capital asset 

12 management related activities, such as portfolio develop13 ment and management activities, and investment strategy 

14 studies funded through the advance planning fund and the 

15 planning and design activities funded through the design 

16 fund and CARES funds, including needs assessments 

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

18 of the funds appropriated under this heading shall be used 

19 for any project which has not been approved by the Con20 gress in the budgetary process: Provided further, That 

21 funds provided in this appropriation for fiscal year 2008, 

22 for each approved project (except those for CARES activi23 ties referenced above) shall be obligated: (1) by the award24 ing of a construction documents contract by September 

25 30, 2008; and (2) by the awarding of a construction con-
33 

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1 tract by September 30, 2009: Provided further, That the 

2 Secretary of Veterans Affairs shall promptly report in 

3 writing to the Committees on Appropriations of both 

4 Houses of Congress any approved major construction 

5 project in which obligations are not incurred within the 

6 time limitations established above. 

7 CONSTRUCTION, MINOR PROJECTS

8 For constructing, altering, extending, and improving 

9 any of the facilities including parking projects under the 

10 jurisdiction or for the use of the Department of Veterans 

11 Affairs, including planning and assessments of needs 

12 which may lead to capital investments, architectural and 

13 engineering services, maintenance or guarantee period 

14 services costs associated with equipment guarantees pro15 vided under the project, services of claims analysts, offsite 

16 utility and storm drainage system construction costs, and 

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

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

19 8110, 8122, and 8162 of title 38, United States Code, 

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

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

22 38, United States Code, $751,398,000, to remain avail23 able until expended, along with unobligated balances of 

24 previous ‘‘Construction, minor projects’’ appropriations 

25 which are hereby made available for any project where the 

26 estimated cost is equal to or less than the amount set forth 
34 

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

2 facilities under the jurisdiction or for the use of the De3 partment which are necessary because of loss or damage 

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

5 temporary measures necessary to prevent or to minimize 

6 further loss by such causes. 

7 GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE

8 FACILITIES

9 For grants to assist States to acquire or construct 

10 State nursing home and domiciliary facilities and to re11 model, modify or alter existing hospital, nursing home and 

12 domiciliary facilities in State homes, for furnishing care 

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

14 38, United States Code, $250,000,000, to remain avail15 able until expended. 

16 GRANTS FOR CONSTRUCTION OF STATE VETERANS

17 CEMETERIES

18 For grants to aid States in establishing, expanding, 

19 or improving State veterans cemeteries as authorized by 

20 section 2408 of title 38, United States Code, 

21 $100,000,000, to remain available until expended. 

22 INFORMATION TECHNOLOGY SYSTEMS

23 For necessary expenses for information technology 

24 systems and telecommunications support, including devel25 opmental information systems and operational information 

26 systems; including pay and associated cost for operations 
35 

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1 and maintenance associated staff; for the capital asset ac2 quisition of information technology systems, including 

3 management and related contractual costs of said acquisi4 tions, including contractual costs associated with oper5 ations authorized by chapter 3109 of title 5, United States 

6 Code, $1,898,000,000, to remain available until Sep7 tember 30, 2009: Provided, That none of these funds may 

8 be obligated until the Department of Veterans Affairs sub9 mits to the Committees on Appropriations of both Houses 

10 of Congress, and such Committees approve, a plan for ex11 penditure that: (1) meets the capital planning and invest12 ment control review requirements established by the Office 

13 of Management and Budget; (2) complies with the Depart14 ment of Veterans Affairs enterprise architecture; (3) con15 forms with an established enterprise life cycle method16 ology; and (4) complies with the acquisition rules, require17 ments, guidelines, and systems acquisition management 

18 practices of the Federal Government: Provided further, 

19 That within 60 days of enactment of this Act, the Sec20 retary of Veterans Affairs shall submit to the Committees 

21 on Appropriations of both Houses of Congress a re22 programming base letter which provides, by project, the 

23 costs included in this appropriation. 
36 

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1 ADMINISTRATIVE PROVISIONS

2 (INCLUDING TRANSFER OF FUNDS)

3 SEC. 201. Any appropriation for fiscal year 2008, in 

4 this Act or any other Act, for ‘‘Compensation and pen5 sions’’, ‘‘Readjustment benefits’’, and ‘‘Veterans insurance 

6 and indemnities’’ may be transferred as necessary to any 

7 other of the mentioned appropriations: Provided, That be8 fore a transfer may take place, the Secretary of Veterans 

9 Affairs shall request from the Committees on Appropria10 tions of both Houses of Congress the authority to make 

11 the transfer and an approval is issued, or absent a re12 sponse, a period of 30 days has elapsed. 

13 (INCLUDING TRANSFER OF FUNDS)

14 SEC. 202. Amounts made available for fiscal year 

15 2008, in this Act or any other Act, under the ‘‘Medical 

16 services’’, ‘‘Medical Administration’’, and ‘‘Medical facili17 ties’’ accounts may be transferred between the accounts 

18 to the extent necessary to implement the restructuring of 

19 the Veterans Health Administration accounts: Provided, 

20 That before a transfer may take place, the Secretary of 

21 Veterans Affairs shall request from the Committees on 

22 Appropriations of both Houses of Congress the authority 

23 to make the transfer and an approval is issued. 

24 SEC. 203. Appropriations available in this title for 

25 salaries and expenses shall be available for services au26 thorized by section 3109 of title 5, United States Code, 
37 

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

2 or both; and uniforms or allowances therefor, as author3 ized by sections 5901–5902 of title 5, United States Code. 

4 SEC. 204. No appropriations in this title (except the 

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

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

7 purchase of any site for the construction of any new hos8 pital or home. 

9 SEC. 205. No appropriations in this title shall be 

10 available for hospitalization or examination of any persons 

11 (except beneficiaries entitled under the laws bestowing 

12 such benefits to veterans, and persons receiving such 

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

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

15 Emergency Assistance Act (42 U.S.C. 5121 et seq.)), un16 less reimbursement of cost is made to the ‘‘Medical serv17 ices’’ account at such rates as may be fixed by the Sec18 retary of Veterans Affairs. 

19 SEC. 206. Appropriations available in this title for 

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

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

24 prior year accounts within the last quarter of fiscal year 

25 2007. 
38 

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1 SEC. 207. Appropriations available in this title shall 

2 be available to pay prior year obligations of corresponding 

3 prior year appropriations accounts resulting from sections 

4 3328(a), 3334, and 3712(a) of title 31, United States 

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

6 accounts they shall be payable from ‘‘Compensation and 

7 pensions’’. 

8 (INCLUDING TRANSFER OF FUNDS)

9 SEC. 208. Notwithstanding any other provision of 

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

11 Affairs shall, from the National Service Life Insurance 

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

16 cost of administration of the insurance programs financed 

17 through those accounts: Provided, That reimbursement 

18 shall be made only from the surplus earnings accumulated 

19 in an insurance program in fiscal year 2008 that are avail20 able for dividends in that program after claims have been 

21 paid and actuarially determined reserves have been set 

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

23 of an insurance program exceeds the amount of surplus 

24 earnings accumulated in that program, reimbursement 

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

26 Provided further, That the Secretary shall determine the 
39 

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1 cost of administration for fiscal year 2008 which is prop2 erly allocable to the provision of each insurance program 

3 and to the provision of any total disability income insur4 ance included in such insurance program. 

5 SEC. 209. Amounts deducted from enhanced-use 

6 lease proceeds to reimburse an account for expenses in7 curred by that account during a prior fiscal year for pro8 viding enhanced-use lease services, may be obligated dur9 ing the fiscal year in which the proceeds are received. 

10 (INCLUDING TRANSFER OF FUNDS)

11 SEC. 210. Funds available in this title or funds for 

12 salaries and other administrative expenses shall also be 

13 available to reimburse the Office of Resolution Manage14 ment and the Office of Employment Discrimination Com15 plaint Adjudication for all services provided at rates which 

16 will recover actual costs but not exceed $32,067,000 for 

17 the Office of Resolution Management and $3,148,000 for 

18 the Office of Employment and Discrimination Complaint 

19 Adjudication: Provided, That payments may be made in 

20 advance for services to be furnished based on estimated 

21 costs: Provided further, That amounts received shall be 

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

23 office that provided the service. 

24 SEC. 211. No appropriations in this title shall be 

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

26 the estimated annual rental is more than $300,000 unless 
40 

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1 the Secretary submits a report which the Committees on 

2 Appropriations of both Houses of Congress approve within 

3 30 days following the date on which the report is received. 

4 SEC. 212. No funds of the Department of Veterans 

5 Affairs shall be available for hospital care, nursing home 

6 care, or medical services provided to any person under 

7 chapter 17 of title 38, United States Code, for a non-serv8 ice-connected disability described in section 1729(a)(2) of 

9 such title, unless that person has disclosed to the Sec10 retary of Veterans Affairs, in such form as the Secretary 

11 may require, current, accurate third-party reimbursement 

12 information for purposes of section 1729 of such title: Pro13 vided, That the Secretary may recover, in the same man14 ner as any other debt due the United States, the reason15 able charges for such care or services from any person who 

16 does not make such disclosure as required: Provided fur17 ther, That any amounts so recovered for care or services 

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

19 Secretary during the fiscal year in which amounts are re20 ceived. 

21 (INCLUDING TRANSFER OF FUNDS)

22 SEC. 213. Notwithstanding any other provision of 

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

24 proceeds or revenues derived from enhanced-use leasing 

25 activities (including disposal) may be deposited into the 

26 ‘‘Construction, major projects’’ and ‘‘Construction, minor 
41 

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

2 site acquisition and disposition), alterations and improve3 ments of any medical facility under the jurisdiction or for 

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

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

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

7 projects’’. 

8 SEC. 214. Amounts made available under ‘‘Medical 

9 services’’ are available— 

10 (1) for furnishing recreational facilities, sup11 plies, and equipment; and 

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

13 other expenses incidental to funerals and burials for 

14 beneficiaries receiving care in the Department. 

15 (INCLUDING TRANSFER OF FUNDS)

16 SEC. 215. Such sums as may be deposited to the 

17 Medical Care Collections Fund pursuant to section 1729A 

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

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

20 the purposes of this account. 

21 SEC. 216. Notwithstanding any other provision of 

22 law, the Secretary of Veterans Affairs shall allow veterans 

23 eligible under existing Department of Veterans Affairs 

24 medical care requirements and who reside in Alaska to ob25 tain medical care services from medical facilities supported 

26 by the Indian Health Service or tribal organizations. The 
42 

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

2 to rural Alaskan veterans in areas where an existing De3 partment of Veterans Affairs facility or Veterans Affairs4 contracted service is unavailable; (2) require participating 

5 veterans and facilities to comply with all appropriate rules 

6 and regulations, as established by the Secretary; (3) re7 quire this provision to be consistent with Capital Asset Re8 alignment for Enhanced Services activities; and (4) result 

9 in no additional cost to the Department of Veterans Af10 fairs or the Indian Health Service. 

11 (INCLUDING TRANSFER OF FUNDS)

12 SEC. 217. Such sums as may be deposited to the De13 partment of Veterans Affairs Capital Asset Fund pursu14 ant to section 8118 of title 38, United States Code, may 

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

16 ‘‘Construction, minor projects’’ accounts, to remain avail17 able until expended for the purposes of these accounts. 

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

19 Act may be used to implement any policy prohibiting the 

20 Directors of the Veterans Integrated Service Networks 

21 from conducting outreach or marketing to enroll new vet22 erans within their respective Networks. 

23 SEC. 219. The Secretary of Veterans Affairs shall 

24 submit to the Committees on Appropriations of both 

25 Houses of Congress a quarterly report on the financial 

26 status of the Veterans Health Administration. 
43 

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1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 220. Amounts made available under the ‘‘Med3 ical services’’, ‘‘Medical Administration’’, ‘‘Medical facili4 ties’’, ‘‘General operating expenses’’, and ‘‘National Ceme5 tery Administration’’ accounts for fiscal year 2008, may 

6 be transferred to or from the ‘‘Information technology sys7 tems’’ account: Provided, That before a transfer may take 

8 place, the Secretary of Veterans Affairs shall request from 

9 the Committees on Appropriations of both Houses of Con10 gress the authority to make the transfer and an approval 

11 is issued. 

12 (INCLUDING TRANSFER OF FUNDS)

13 SEC. 221. For purposes of perfecting the funding 

14 sources of the Department of Veterans Affairs’ new ‘‘In15 formation technology systems’’ account, funds made avail16 able for fiscal year 2008, in this or any other Act, may 

17 be transferred from the ‘‘General operating expenses’’, 

18 ‘‘National Cemetery Administration’’, and ‘‘Office of In19 spector General’’ accounts to the ‘‘Medical services’’ ac20 count: Provided, That before a transfer may take place, 

21 the Secretary of Veterans Affairs shall request from the 

22 Committees on Appropriations of both Houses of Congress 

23 the authority to make the transfer and an approval is 

24 issued. 
44 

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1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 222. Amounts made available for the ‘‘Informa3 tion technology systems’’ account may be transferred be4 tween projects: Provided, That no project may be in5 creased or decreased by more than $1,000,000 of cost 

6 prior to submitting a request to the Committees on Appro7 priations of both Houses of Congress to make the transfer 

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

9 of 30 days has elapsed. 

10 SEC. 223. None of the funds available to the Depart11 ment of Veterans Affairs, in this Act, or any other Act, 

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

13 Veterans Integrated Services Networks select and contract 

14 for diabetes monitoring supplies and equipment. 

15 SEC. 224. Of the amounts made available for fiscal 

16 year 2008, in this Act or any other Act, under the ‘‘Med17 ical Facilities’’ account for non-recurring maintenance, 

18 not more than 20 percent of the funds made available shall 

19 be obligated during the last two months of the fiscal year. 

20 SEC. 225. PROHIBITION ON DISPOSAL OF DEPART21 MENT OF VETERANS AFFAIRS LANDS AND IMPROVE22 MENTS AT WEST LOS ANGELES MEDICAL CENTER, CALI23 FORNIA. (a) IN GENERAL.—The Secretary of Veterans Af24 fairs may not declare as excess to the needs of the Depart25 ment of Veterans Affairs, or otherwise take any action to 
45 

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1 exchange, trade, auction, transfer, or otherwise dispose of, 

2 or reduce the acreage of, Federal land and improvements 

3 at the Department of Veterans Affairs West Los Angeles 

4 Medical Center, California, encompassing approximately 

5 388 acres on the north and south sides of Wilshire Boule6 vard and west of the 405 Freeway. 

7 (b) SPECIAL PROVISION REGARDING LEASE WITH

8 REPRESENTATIVE OF THE HOMELESS.—Notwithstanding 

9 any provision of this Act, section 7 of the Homeless Vet10 erans Comprehensive Services Act of 1992 (Public Law 

11 102–590) shall remain in effect. 

12 (c) CONFORMING AMENDMENT.—Section 8162(c)(1) 

13 of title 38, United States Code, is amended— 

14 (1) by inserting ‘‘or section 225(a) of the Mili15 tary Construction and Veterans Affairs and Related 

16 Agencies Appropriations Act, 2008’’ after ‘‘section 

17 421(b)(2) of the Veterans’ Benefits and Services Act 

18 of 1988 (Public Law 100–322; 102 Stat. 553)’’; and 

19 (2) by striking ‘‘that section’’ and inserting 

20 ‘‘such sections’’. 

21 (d) EFFECTIVE DATE.—This section, including the 

22 amendment made by this section, shall apply with respect 

23 to fiscal year 2008 and each fiscal year thereafter. 

24 SEC. 226. The Department shall continue research 

25 into Gulf War Illness at levels not less than those made 
46 

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1 available in fiscal year 2007, within available funds con2 tained in this Act. 

3 TITLE III 

4 RELATED AGENCIES 

5 AMERICAN BATTLE MONUMENTS COMMISSION 

6 SALARIES AND EXPENSES

7 For necessary expenses, not otherwise provided for, 

8 of the American Battle Monuments Commission, including 

9 the acquisition of land or interest in land in foreign coun10 tries; purchases and repair of uniforms for caretakers of 

11 national cemeteries and monuments outside of the United 

12 States and its territories and possessions; rent of office 

13 and garage space in foreign countries; purchase (one-for14 one replacement only) and hire of passenger motor vehi15 cles; not to exceed $7,500 for official reception and rep16 resentation expenses; and insurance of official motor vehi17 cles in foreign countries, when required by law of such 

18 countries, $45,600,000, to remain available until ex19 pended. 

20 FOREIGN CURRENCY FLUCTUATIONS

21 For necessary expenses, not otherwise provided for, 

22 of the American Battle Monuments Commission, 

23 $11,000,000, to remain available until expended, for pur24 poses authorized by section 2109 of title 36, United States 

25 Code. 
47 

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1 UNITED STATES COURT OF APPEALS FOR 

2 VETERANS CLAIMS 

3 SALARIES AND EXPENSES

4 For necessary expenses for the operation of the 

5 United States Court of Appeals for Veterans Claims as 

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

7 States Code, $24,217,000: Provided, That $1,120,000 

8 shall be available for the purpose of providing financial 

9 assistance as described, and in accordance with the proc10 ess and reporting procedures set forth, under this heading 

11 in Public Law 102–229. 

12 DEPARTMENT OF DEFENSE—CIVIL 

13 CEMETERIAL EXPENSES, ARMY

14 SALARIES AND EXPENSES

15 For necessary expenses, as authorized by law, for 

16 maintenance, operation, and improvement of Arlington 

17 National Cemetery and Soldiers’ and Airmen’s Home Na18 tional Cemetery, including the purchase of two passenger 

19 motor vehicles for replacement only, and not to exceed 

20 $1,000 for official reception and representation expenses, 

21 $31,865,000, to remain available until expended. In addi22 tion, such sums as may be necessary for parking mainte23 nance, repairs and replacement, to be derived from the 

24 Lease of Department of Defense Real Property for De25 fense Agencies account. 
48 

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1 Funds appropriated under this Act may be provided 

2 to Arlington County, Virginia, for the relocation of the 

3 federally-owned watermain at Arlington National Ceme4 tery making additional land available for ground burials. 

5 ARMED FORCES RETIREMENT HOME 

6 TRUST FUND

7 For expenses necessary for the Armed Forces Retire8 ment Home to operate and maintain the Armed Forces 

9 Retirement Home—Washington, District of Columbia and 

10 the Armed Forces Retirement Home—Gulfport, Mis11 sissippi, to be paid from funds available in the Armed 

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

13 GENERAL FUND PAYMENT, ARMED FORCES

14 RETIREMENT HOME

15 For payment to the ‘‘Armed Forces Retirement 

16 Home’’, $5,900,000, to remain available until expended. 

17 ADMINISTRATIVE PROVISION 

18 SEC. 301. None of the funds in this title under the 

19 heading ‘‘American Battle Monuments Commission’’ shall 

20 be available for the Capital Security Costs Sharing pro21 gram. 
49 

S 1645 PCS 

1 TITLE IV 

2 GENERAL PROVISIONS 

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

4 this Act shall remain available for obligation beyond the 

5 current fiscal year unless expressly so provided herein. 

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

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

8 be absorbed within the levels appropriated in this Act. 

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

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

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

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

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

14 law relating to risk assessment, the protection of private 

15 property rights, or unfunded mandates. 

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

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

18 other than for normal and recognized executive-legislative 

19 relationships, for publicity or propaganda purposes, and 

20 for the preparation, distribution or use of any kit, pam21 phlet, booklet, publication, radio, television or film presen22 tation designed to support or defeat legislation pending 

23 before Congress, except in presentation to Congress itself. 

24 SEC. 405. All departments and agencies funded under 

25 this Act are encouraged, within the limits of the existing 
50 

S 1645 PCS 

1 statutory authorities and funding, to expand their use of 

2 ‘‘E-Commerce’’ technologies and procedures in the con3 duct of their business practices and public service activi4 ties. 

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

6 Act may be transferred to any department, agency, or in7 strumentality of the United States Government except 

8 pursuant to a transfer made by, or transfer authority pro9 vided in, this Act or any other appropriations Act. 

10 SEC. 407. Unless stated otherwise, all reports and no11 tifications required by this Act shall be submitted to the 

12 Subcommittee on Military Construction, Veterans Affairs, 

13 and Related Agencies of the Committee on Appropriations 

14 of the House of Representatives and the Subcommittee on 

15 Military Construction, Veterans Affairs, and Related 

16 Agencies of the Committee on Appropriations of the Sen17 ate. 

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

19 and Veterans Affairs and Related Agencies Appropriations 

20 Act, 2008’’. 

Calendar No. 205 

110TH CONGRESS 

1ST SESSION S. 1645 

[Report No. 110–85] 

A BILL 

Making appropriations for military construction, 

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

JUNE 18, 2007 

Read twice and placed on the calendar