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Affairs, including planning and assessments of needs which
may lead to capital investments, architectural and engi-
neering 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 acquisi-
tion, 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 juris-
diction 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 re-
model, modify or alter existing hospital, nursing home and
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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 sec-
tion 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 sys-
tems and telecommunications support, including develop-
mental information systems and operational information
systems; including pay and associated cost for operations
and maintenance associated staff; for the capital asset ac-
quisition of information technology systems, including
management and related contractual costs of said acquisi-
tions, 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:
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(1) meets the capital planning and investment control re-
view requirements established by the Office of Management
and Budget; (2) complies with the Department of Veterans
Affairs enterprise architecture; (3) conforms with an estab-
lished 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 en-
actment 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 pen-
sions’’, ‘‘Readjustment benefits’’, and ‘‘Veterans insurance
and indemnities’’ may be transferred as necessary to any
other of the mentioned appropriations: Provided, That be-
fore a transfer may take place, the Secretary of Veterans
Affairs shall request from the Committees on Appropria-
tions 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.
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(INCLUDING TRANSFER OF FUNDS)
SEC. 202. Amounts made available for fiscal year
2007, in this Act or any other Act, under the ‘‘Medical serv-
ices’’ and ‘‘Medical facilities’’ accounts may be transferred
between the accounts to the extent necessary to implement
the restructuring of the Veterans Health Administration ac-
counts: 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 sal-
aries and expenses shall be available for services authorized
by section 3109 of title 5, United States Code, hire of pas-
senger motor vehicles; lease of a facility or land or both;
and uniforms or allowances therefor, as authorized by sec-
tions 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 hos-
pital 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
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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 As-
sistance 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 avail-
able 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
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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 deter-
mined reserves have been set aside: Provided further, That
if the cost of administration of an insurance program ex-
ceeds 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 Sec-
retary 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 en-
hanced-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
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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 serv-
ices to be furnished based on estimated costs: Provided fur-
ther, 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 Af-
fairs 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-con-
nected 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
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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, pro-
ceeds or revenues derived from enhanced-use leasing activi-
ties (including disposal) may be deposited into the ‘‘Con-
struction, major projects’’ and ‘‘Construction, minor
projects’’ accounts and be used for construction (including
site acquisition and disposition), alterations and improve-
ments 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, sup-
plies, and equipment; and
(2) for funeral expenses, burial expenses, and
other expenses incidental to funerals and burials for
beneficiaries receiving care in the Department.
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(INCLUDING TRANSFER OF FUNDS)
SEC. 215. Such sums as may be deposited to the Med-
ical 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 pur-
poses of this account.
SEC. 216. Notwithstanding any other provision of law,
the Secretary of Veterans Affairs shall allow veterans eligi-
ble under existing Department of Veterans Affairs medical
care requirements and who reside in Alaska to obtain med-
ical care services from medical facilities supported by the
Indian Health Service or tribal organizations. The Sec-
retary shall: (1) limit the application of this provision to
rural Alaskan veterans in areas where an existing Depart-
ment of Veterans Affairs facility or Veterans Affairs-con-
tracted service is unavailable; (2) require participating vet-
erans 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 Realign-
ment 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 De-
partment of Veterans Affairs Capital Asset Fund pursuant
to section 8118 of title 38, United States Code, may be
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transferred to the ‘‘Construction, major projects’’ and ‘‘Con-
struction, minor projects’’ accounts, to remain available
until expended for the purposes of these accounts.
SEC. 218. None of the funds available to the Depart-
ment 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 sub-
mit 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 ex-
penses’’, and ‘‘National Cemetery Administration’’ accounts
for fiscal year 2007, may be transferred to or from the ‘‘In-
formation technology systems’’ account: Provided, That be-
fore a transfer may take place, the Secretary of Veterans
Affairs shall request from the Committees on Appropria-
tions of both Houses of Congress the authority to make the
transfer and an approval is issued.
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(INCLUDING TRANSFER OF FUNDS)
SEC. 222. For purposes of perfecting the funding
sources of the Department of Veterans Affairs’ new ‘‘Infor-
mation technology systems’’ account, funds made available
for fiscal year 2007, in this or any other Act, may be trans-
ferred from the ‘‘General operating expenses’’, ‘‘National
Cemetery Administration’’, and ‘‘Office of Inspector Gen-
eral’’ accounts to the ‘‘Medical services’’ account: Provided,
That before a transfer may take place, the Secretary of Vet-
erans Affairs shall request from the Committees on Appro-
priations 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 ‘‘Informa-
tion technology systems’’ account may be transferred be-
tween projects: Provided, That no project may be increased
or decreased by more than $1,000,000 of cost prior to sub-
mitting a request to the Committees on Appropriations of
both Houses of Congress to make the transfer and an ap-
proval 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.
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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 sub-
section, if such a plan currently exists.
(2) A current assessment of the master plan.
(3) Any proposal of the Department for a vet-
erans 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
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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 En-
hanced 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 imple-
ment any portion of the master plan referred to in
subsection (a) until 120 days after the date of the re-
ceipt 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 re-
ferred 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.
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(e) EXEMPTIONS.—Nothing contained in this provi-
sion 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 Depart-
ment 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 De-
partment of Veterans Affairs Medical Center in New Orle-
ans, 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 ex-
pend amounts so appropriated for that account for that
project for the purchase of a site including property ex-
change for, and new construction, restoration, or replace-
ment 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,
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including salaries and expenses, for the provision of addi-
tional mental health services through centers for readjust-
ment counseling and related mental health services for vet-
erans 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 Sec-
retary 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 sub-
section (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 fa-
cility projects and leases for which any funds have been ap-
propriated under this Act or any other Act. Further, for
major medical facility projects authorized under Public
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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 Inspec-
tor 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 Depart-
ment of Veterans Affairs by this title may be obligated or
expended to implement a business plan of Veterans Inte-
grated Service Network 23 (VISN 23) for the implementa-
tion 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
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to $500,000 may be available for emergency room services
at the Wagner Indian Health Service unit pending imple-
mentation of a business plan meeting the requirements in
subsection (a).
SEC. 235. (a) STUDY ON COSTS OF COMPREHENSIVE
SERVICE PROGRAMS FOR HOMELESS VETERANS.—The Sec-
retary of Veterans Affairs shall carry out a study of costs
associated with the Comprehensive Service Programs au-
thorized 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 Ap-
propriations 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 dur-
ing such fiscal year.
(2) The cost in fiscal year 2006 of grants under
section 2011 of title 38, United States Code, to au-
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thorized 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 pay-
ments 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 av-
erage 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 recipi-
ents of grants under section 2011 of title 38 United
States Code, in fiscal year 2006 being paid under sec-
tion 2012 of title 38, United States Code, the rate au-
thorized for State homes for domiciliary care under
section 1741(a)(1)(A) of that title for fiscal year 2006.
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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 replace-
ment only) and hire of passenger motor vehicles; not to ex-
ceed $7,500 for official reception and representation ex-
penses; 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.
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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 de-
scribed, 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 Na-
tional Cemetery and Soldiers’ and Airmen’s Home Na-
tional 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 addi-
tion, such sums as may be necessary for parking mainte-
nance, repairs and replacement, to be derived from the
Lease of Department of Defense Real Property for Defense
Agencies account.
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ARMED FORCES RETIREMENT HOME
For expenses necessary for the Armed Forces Retire-
ment Home to operate and maintain the Armed Forces Re-
tirement Home—Washington, District of Columbia and the
Armed Forces Retirement Home—Gulfport, Mississippi, to
be paid from funds available in the Armed Forces Retire-
ment 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 pro-
gram.
(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 Elec-
tronic Case Files System.
(b) Of the amount appropriated under the heading
‘‘United States Court of Appeals for Veterans Claims, Sala-
ries and Expenses’’, in the Military Quality of Life, Mili-
tary Construction, and Veterans Affairs Appropriations
Act, 2006 (Public Law 109–114), $500,000 are rescinded.
(c) This section shall take effect immediately upon en-
actment of this Act.
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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 rela-
tionships, 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
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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 in-
strumentality of the United States Government except pur-
suant 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 noti-
fications required by this Act shall be submitted to the Sub-
committee 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 Insti-
tution Digital and Wireless Technology Opportunity Act of
2006’’.
SEC. 502. ESTABLISHMENT OF PROGRAM.
Section 5 of the Stevenson-Wydler Technology Innova-
tion Act of 1980 (15 U.S.C. 3704) is amended by inserting
the following after subsection (f):
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‘‘(g) MINORITY SERVING INSTITUTION DIGITAL AND
WIRELESS TECHNOLOGY OPPORTUNITY PROGRAM.—
‘‘(1) 
IN
GENERAL.—The 
Secretary, 
acting
through the Under Secretary, shall establish a Minor-
ity Serving Institution Digital and Wireless Tech-
nology Opportunity Program to assist eligible institu-
tions in acquiring, and augmenting their use of, dig-
ital and wireless networking technologies to improve
the quality and delivery of educational services at eli-
gible institutions.
‘‘(2) AUTHORIZED ACTIVITIES.—An eligible in-
stitution may use a grant, cooperative agreement, or
contract awarded under this subsection—
‘‘(A) to acquire equipment, instrumenta-
tion, networking capability, hardware and soft-
ware, digital network technology, wireless tech-
nology, and infrastructure to further the objective
of the Program described in paragraph (1);
‘‘(B) to develop and provide training, edu-
cation, 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
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in-service professional development at eligible in-
stitutions, library and media specialist training,
and preschool and teacher aid certification to in-
dividuals who seek to acquire or enhance tech-
nology skills in order to use digital and wireless
networking technology in the classroom or in-
structional process, including instruction in
science, mathematics, engineering, and tech-
nology subjects; and
‘‘(D) to foster the use of digital and wireless
networking technology to improve research and
education, including scientific, mathematics, en-
gineering, 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 Sec-
retary at such time, in such manner, and con-
taining 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 ac-
quired, and a description of how the institution
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will ensure that digital and wireless networking
will be made accessible to, and employed by, stu-
dents, faculty, and administrators. The Under
Secretary, consistent with subparagraph (B),
shall establish procedures to review such applica-
tions. The Under Secretary shall publish the ap-
plication requirements and review criteria in the
Federal Register, along with a statement describ-
ing the availability of funds.
‘‘(B) REVIEW
PANELS.—Each application
submitted under this subsection by an eligible in-
stitution shall be reviewed by a panel of individ-
uals selected by the Under Secretary to judge the
quality and merit of the proposal, including the
extent to which the eligible institution can effec-
tively 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 serv-
ing institutions and others who are knowledge-
able about eligible institutions and digital and
wireless networking technology. The Under Sec-
retary shall ensure that no individual assigned
under this subsection to review any application
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has a conflict of interest with regard to that ap-
plication. 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, cooper-
ative agreement, or contract to an eligible insti-
tution under this subsection unless such institu-
tion agrees that, with respect to the costs in-
curred by the institution in carrying out the
program for which the grant, cooperative agree-
ment, or contract was awarded, such institution
shall make available, directly, or through dona-
tions 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 Sec-
retary shall waive the matching requirement for
any institution or consortium with no endow-
ment, or an endowment that has a current dollar
value lower than $50,000,000.
‘‘(D) AWARDS.—
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‘‘(i) LIMITATION.—An eligible institu-
tion that receives a grant, cooperative agree-
ment, or contract under this subsection that
exceeds $2,500,000 shall not be eligible to re-
ceive another grant, cooperative agreement,
or contract.
‘‘(ii) CONSORTIA.—Grants, cooperative
agreements, and contracts may only be
awarded to eligible institutions. Eligible in-
stitutions may seek funding under this sub-
section for consortia which may include
other eligible institutions, a State or a State
educational agency, local educational agen-
cies, institutions of higher education, com-
munity-based organizations, national non-
profit organizations, or businesses, includ-
ing 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
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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 Sec-
retary shall enter into a contract with the
National Academy of Public Administration
to conduct periodic assessments of the pro-
gram. The Assessments shall be conducted
once every 3 years during the 10-year pe-
riod following the enactment of this sub-
section. The assessments shall include an
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evaluation of the effectiveness of the pro-
gram in improving the education and
training of students, faculty and staff at eli-
gible institutions that have been awarded
grants, cooperative agreements, or contracts
under the program; an evaluation of the ef-
fectiveness of the program in improving ac-
cess 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 recommenda-
tions 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 re-
ports 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 imple-
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ment the recommendations of the National
Academy of Public Administration.
‘‘(F) DEFINITIONS.—In this subsection:
‘‘(i) DIGITAL
AND
WIRELESS
NET-
WORKING TECHNOLOGY.—The term ‘digital
and wireless networking technology’ means
computer and communications equipment
and software that facilitates the trans-
mission of information in a digital format.
‘‘(ii) 
ELIGIBLE
INSTITUTION.—The
term ‘eligible institution’ means an institu-
tion 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 de-
scribed in section 326(e)(1) of that Act
(20 U.S.C. 1063b(e)(1));
‘‘(II) a Hispanic-serving institu-
tion, 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
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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 EDU-
CATION.—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 sec-
tion 3(p) of the Small Business Act (15
U.S.C. 632(p)).
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‘‘(vi) 
MINORITY
INDIVIDUAL.—The
term ‘minority individual’ means an Amer-
ican Indian, Alaskan Native, Black (not of
Hispanic origin), Hispanic (including per-
sons of Mexican, Puerto Rican, Cuban and
Central or South American origin), or Pa-
cific Islander individual.
‘‘(vii) STATE.—The term ‘State’ has
the meaning given the term in section 9101
of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 7801).
‘‘(viii) STATE
EDUCATIONAL
AGEN-
CY.—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 Tech-
nology 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’’.
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Amend the title so as to read: ‘‘An Act making ap-
propriations for Military Construction and Veterans Af-
fairs, and Related Agencies for the fiscal year ending
September 30, 2007, and for other purposes.’’.
Attest:
Secretary.