Military Quality of Life and Veterans Affairs Appropriations Act, 2006
PL 109-114 (H.R.2528), enacted 11/30/2005

119 STAT. 2372
PUBLIC LAW 109–114—NOV. 30, 2005
Public Law 109–114
109th Congress
An Act
Making appropriations for military quality of life functions of the Department
of Defense, military construction, the Department of Veterans Affairs, and related
agencies for the fiscal year ending September 30, 2006, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the
following sums are appropriated, out of any money in the Treasury
not otherwise appropriated for military quality of life functions
of the Department of Defense, military construction, the Depart-
ment of Veterans Affairs, and related agencies, for the fiscal year
ending September 30, 2006, and for other purposes, namely:
TITLE I
DEPARTMENT OF DEFENSE
MILITARY CONSTRUCTION, ARMY
(INCLUDING RESCISSIONS OF FUNDS)
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations, facili-
ties, and real property for the Army as currently authorized by
law, including personnel in the Army Corps of Engineers and other
personal services necessary for the purposes of this appropriation,
and for construction and operation of facilities in support of the
functions of the Commander in Chief, $1,775,260,000, to remain
available until September 30, 2010: Provided, That of this amount,
not to exceed $170,021,000 shall be available for study, planning,
design, architect and engineer services, and host nation support,
as authorized by law, unless the Secretary of Defense determines
that additional obligations are necessary for such purposes and
notifies the Committees on Appropriations of both Houses of Con-
gress of the determination and the reasons therefor: Provided fur-
ther, That of the funds provided, $50,000,000, to remain available
until September 30, 2007, shall be for overhead cover systems
to support force protection activities in Iraq: Provided further, That
of the funds appropriated for ‘‘Military Construction, Army’’ under
Public Law 107–249, $3,046,000 are hereby rescinded: Provided
further, That of the funds appropriated for ‘‘Military Construction,
Army’’ under Public Law 108–324, $16,700,000 are hereby
rescinded.
Military Quality
of Life and
Veterans Affairs
Appropriations
Act, 2006.
Nov. 30, 2005
[H.R. 2528]
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119 STAT. 2373
PUBLIC LAW 109–114—NOV. 30, 2005
MILITARY CONSTRUCTION, NAVY AND MARINE CORPS
(INCLUDING RESCISSIONS OF FUNDS)
For acquisition, construction, installation, and equipment of
temporary or permanent public works, naval installations, facilities,
and real property for the Navy and Marine Corps as currently
authorized by law, including personnel in the Naval Facilities
Engineering Command and other personal services necessary for
the purposes of this appropriation, $1,157,141,000, to remain avail-
able until September 30, 2010: Provided, That of this amount,
not to exceed $34,893,000 shall be available for study, planning,
design, and architect and engineer services, as authorized by law,
unless the Secretary of Defense determines that additional obliga-
tions are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of the determination
and the reasons therefor: Provided further, That of the funds appro-
priated for ‘‘Military Construction, Navy and Marine Corps’’ under
Public Law 108–132, $5,767,000 are hereby rescinded: Provided
further, That of the funds appropriated for ‘‘Military Construction,
Navy and Marine Corps’’ under Public Law 108–324, $44,270,000
are hereby rescinded.
MILITARY CONSTRUCTION, AIR FORCE
(INCLUDING RESCISSIONS OF FUNDS)
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations, facili-
ties, and real property for the Air Force as currently authorized
by law, $1,288,530,000, to remain available until September 30,
2010: Provided, That of this amount, not to exceed $95,537,000
shall be available for study, planning, design, and architect and
engineer services, as authorized by law, unless the Secretary of
Defense determines that additional obligations are necessary for
such purposes and notifies the Committees on Appropriations of
both Houses of Congress of the determination and the reasons
therefor: Provided further, That of the funds appropriated for ‘‘Mili-
tary Construction, Air Force’’ under Public Law 108–11, $13,000,000
are hereby rescinded: Provided further, That of the funds appro-
priated for ‘‘Military Construction, Air Force’’ under Public Law
108–132, $6,600,000 are hereby rescinded: Provided further, That
of the funds appropriated for ‘‘Military Construction, Air Force’’
under Public Law 108–324, $9,500,000 are hereby rescinded: Pro-
vided further, That of the funds appropriated for ‘‘Military Construc-
tion, Air Force’’ under Public Law 109–13, $46,500,000 are hereby
rescinded.
MILITARY CONSTRUCTION, DEFENSE-WIDE
(INCLUDING TRANSFER AND RESCISSION OF FUNDS)
For acquisition, construction, installation, and equipment of
temporary or permanent public works, installations, facilities, and
real property for activities and agencies of the Department of
Defense (other than the military departments), as currently author-
ized by law, $1,008,855,000, to remain available until September
30, 2010: Provided, That such amounts of this appropriation as
may be determined by the Secretary of Defense may be transferred
Notification.
Notification.
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119 STAT. 2374
PUBLIC LAW 109–114—NOV. 30, 2005
to such appropriations of the Department of Defense available for
military construction or family housing as the Secretary may des-
ignate, to be merged with and to be available for the same purposes,
and for the same time period, as the appropriation or fund to
which transferred: Provided further, That of the amount appro-
priated, not to exceed $136,406,000 shall be available for study,
planning, design, and architect and engineer services, as authorized
by law, unless the Secretary of Defense determines that additional
obligations are necessary for such purposes and notifies the Commit-
tees on Appropriations of both Houses of Congress of the determina-
tion and the reasons therefor: Provided further, That of the funds
appropriated for ‘‘Military Construction, Defense-Wide’’ under
Public Law 108–324, $20,000,000 are hereby rescinded.
MILITARY CONSTRUCTION, ARMY NATIONAL GUARD
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
Army National Guard, and contributions therefor, as authorized
by chapter 1803 of title 10, United States Code, and Military
Construction Authorization Acts, $523,151,000, to remain available
until September 30, 2010.
MILITARY CONSTRUCTION, AIR NATIONAL GUARD
(INCLUDING RESCISSION OF FUNDS)
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
Air National Guard, and contributions therefor, as authorized by
chapter 1803 of title 10, United States Code, and Military Construc-
tion Authorization Acts, $316,117,000, to remain available until
September 30, 2010: Provided, That of the funds appropriated for
‘‘Military Construction, Air National Guard’’ under Public Law 108–
324, $13,700,000 are hereby rescinded.
MILITARY CONSTRUCTION, ARMY RESERVE
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
Army Reserve as authorized by chapter 1803 of title 10, United
States Code, and Military Construction Authorization Acts,
$152,569,000, to remain available until September 30, 2010.
MILITARY CONSTRUCTION, NAVAL RESERVE
(INCLUDING RESCISSIONS OF FUNDS)
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
reserve components of the Navy and Marine Corps as authorized
by chapter 1803 of title 10, United States Code, and Military
Construction Authorization Acts, $46,864,000, to remain available
until September 30, 2010: Provided, That of the funds appropriated
for ‘‘Military Construction, Naval Reserve’’ under Public Law 108–
132, $5,368,000 are hereby rescinded: Provided further, That of
the funds appropriated for ‘‘Military Construction, Naval Reserve’’
under Public Law 108–324, $11,192,000 are hereby rescinded.
Notification.
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119 STAT. 2375
PUBLIC LAW 109–114—NOV. 30, 2005
MILITARY CONSTRUCTION, AIR FORCE RESERVE
(INCLUDING RESCISSION OF FUNDS)
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
Air Force Reserve as authorized by chapter 1803 of title 10, United
States Code, and Military Construction Authorization Acts,
$105,883,000, to remain available until September 30, 2010: Pro-
vided, That of the funds appropriated for ‘‘Military Construction,
Air Force Reserve’’ under Public Law 108–324, $13,815,000 are
hereby rescinded.
NORTH ATLANTIC TREATY ORGANIZATION
SECURITY INVESTMENT PROGRAM
(INCLUDING RESCISSION OF FUNDS)
For the United States share of the cost of the North Atlantic
Treaty Organization Security Investment Program for the acquisi-
tion and construction of military facilities and installations
(including international military headquarters) and for related
expenses for the collective defense of the North Atlantic Treaty
Area as authorized by section 2806 of title 10, United States Code,
and Military Construction Authorization Acts, $206,858,000, to
remain available until expended: Provided, That of the funds appro-
priated for ‘‘North Atlantic Treaty Organization Security Invest-
ment Program’’ under Public Law 108–324, $30,000,000 are hereby
rescinded.
FAMILY HOUSING CONSTRUCTION, ARMY
(INCLUDING RESCISSION OF FUNDS)
For expenses of family housing for the Army for construction,
including acquisition, replacement, addition, expansion, extension,
and alteration, as authorized by law, $549,636,000, to remain avail-
able until September 30, 2010: Provided, That of the funds appro-
priated for ‘‘Family Housing Construction, Army’’ under Public Law
108–324, $16,000,000 are hereby rescinded.
FAMILY HOUSING OPERATION AND MAINTENANCE, ARMY
For expenses of family housing for the Army for operation
and maintenance, including debt payment, leasing, minor construc-
tion, principal and interest charges, and insurance premiums, as
authorized by law, $803,993,000.
FAMILY HOUSING CONSTRUCTION, NAVY AND MARINE CORPS
For expenses of family housing for the Navy and Marine Corps
for construction, including acquisition, replacement, addition,
expansion, extension, and alteration, as authorized by law,
$218,942,000, to remain available until September 30, 2010.
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119 STAT. 2376
PUBLIC LAW 109–114—NOV. 30, 2005
FAMILY HOUSING OPERATION AND MAINTENANCE, NAVY AND
MARINE CORPS
For expenses of family housing for the Navy and Marine Corps
for operation and maintenance, including debt payment, leasing,
minor construction, principal and interest charges, and insurance
premiums, as authorized by law, $588,660,000.
FAMILY HOUSING CONSTRUCTION, AIR FORCE
(INCLUDING RESCISSIONS OF FUNDS)
For expenses of family housing for the Air Force for construc-
tion, including acquisition, replacement, addition, expansion, exten-
sion, and alteration, as authorized by law, $1,101,887,000, to remain
available until September 30, 2010: Provided, That of the funds
appropriated for ‘‘Family Housing Construction, Air Force’’ under
Public Law 107–249, $7,700,000 are hereby rescinded: Provided
further, That of the funds appropriated for ‘‘Family Housing
Construction, Air Force’’ under Public Law 108–132, $4,500,000
are hereby rescinded: Provided further, That of the funds appro-
priated for ‘‘Family Housing Construction, Air Force’’ under Public
Law 108–324, $31,700,000 are hereby rescinded.
FAMILY HOUSING OPERATION AND MAINTENANCE, AIR FORCE
For expenses of family housing for the Air Force for operation
and maintenance, including debt payment, leasing, minor construc-
tion, principal and interest charges, and insurance premiums, as
authorized by law, $766,939,000.
FAMILY HOUSING OPERATION AND MAINTENANCE, DEFENSE-WIDE
For expenses of family housing for the activities and agencies
of the Department of Defense (other than the military departments)
for operation and maintenance, leasing, and minor construction,
as authorized by law, $46,391,000.
DEPARTMENT OF DEFENSE FAMILY HOUSING IMPROVEMENT FUND
For the Department of Defense Family Housing Improvement
Fund, $2,500,000, to remain available until expended, for family
housing initiatives undertaken pursuant to section 2883 of title
10, United States Code, providing alternative means of acquiring
and improving military family housing and supporting facilities.
DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 1990
For deposit into the Department of Defense Base Closure
Account 1990, established by section 2906(a)(1) of the Defense Base
Closure and Realignment Act of 1990 (10 U.S.C. 2687 note),
$254,827,000, to remain available until expended.
DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 2005
For deposit into the Department of Defense Base Closure
Account 2005, established by section 2906A(a)(1) of the Defense
Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note),
$1,504,466,000, to remain available until expended: Provided, That
Reports.
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119 STAT. 2377
PUBLIC LAW 109–114—NOV. 30, 2005
these funds may not be obligated or expended until the Secretary
of Defense submits to the congressional defense committees and
receives approval of a report describing the specific programs,
projects, and activities for which such funds are to be obligated.
ADMINISTRATIVE PROVISIONS
SEC. 101. None of the funds made available in this title shall
be expended for payments under a cost-plus-a-fixed-fee contract
for construction, where cost estimates exceed $25,000, to be per-
formed within the United States, except Alaska, without the specific
approval in writing of the Secretary of Defense setting forth the
reasons therefor.
SEC. 102. Funds made available in this title for construction
shall be available for hire of passenger motor vehicles.
SEC. 103. Funds made available in this title for construction
may be used for advances to the Federal Highway Administration,
Department of Transportation, for the construction of access roads
as authorized by section 210 of title 23, United States Code, when
projects authorized therein are certified as important to the national
defense by the Secretary of Defense.
SEC. 104. None of the funds made available in this title may
be used to begin construction of new bases in the United States
for which specific appropriations have not been made.
SEC. 105. None of the funds made available in this title shall
be used for purchase of land or land easements in excess of 100
percent of the value as determined by the Army Corps of Engineers
or the Naval Facilities Engineering Command, except: (1) where
there is a determination of value by a Federal court; (2) purchases
negotiated by the Attorney General or the designee of the Attorney
General; (3) where the estimated value is less than $25,000; or
(4) as otherwise determined by the Secretary of Defense to be
in the public interest.
SEC. 106. None of the funds made available in this title shall
be used to: (1) acquire land; (2) provide for site preparation; or
(3) install utilities for any family housing, except housing for which
funds have been made available in annual Acts making appropria-
tions for military construction.
SEC. 107. None of the funds made available in this title for
minor construction may be used to transfer or relocate any activity
from one base or installation to another, without prior notification
to the Committees on Appropriations of both Houses of Congress.
SEC. 108. None of the funds made available in this title may
be used for the procurement of steel for any construction project
or activity for which American steel producers, fabricators, and
manufacturers have been denied the opportunity to compete for
such steel procurement.
SEC. 109. None of the funds available to the Department of
Defense for military construction or family housing during the
current fiscal year may be used to pay real property taxes in
any foreign nation.
SEC. 110. None of the funds made available in this title may
be used to initiate a new installation overseas without prior notifica-
tion to the Committees on Appropriations of both Houses of Con-
gress.
SEC. 111. None of the funds made available in this title may
be obligated for architect and engineer contracts estimated by the
Contracts.
Notification.
Notification.
Contracts.
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119 STAT. 2378
PUBLIC LAW 109–114—NOV. 30, 2005
Government to exceed $500,000 for projects to be accomplished
in Japan, in any North Atlantic Treaty Organization member
country, or in countries bordering the Arabian Sea, unless such
contracts are awarded to United States firms or United States
firms in joint venture with host nation firms.
SEC. 112. None of the funds made available in this title for
military construction in the United States territories and posses-
sions in the Pacific and on Kwajalein Atoll, or in countries bordering
the Arabian Sea, may be used to award any contract estimated
by the Government to exceed $1,000,000 to a foreign contractor:
Provided, That this section shall not be applicable to contract
awards for which the lowest responsive and responsible bid of
a United States contractor exceeds the lowest responsive and
responsible bid of a foreign contractor by greater than 20 percent:
Provided further, That this section shall not apply to contract
awards for military construction on Kwajalein Atoll for which the
lowest responsive and responsible bid is submitted by a Marshallese
contractor.
SEC. 113. The Secretary of Defense is to inform the appropriate
committees of both Houses of Congress, including the Committees
on Appropriations, of the plans and scope of any proposed military
exercise involving United States personnel 30 days prior to its
occurring, if amounts expended for construction, either temporary
or permanent, are anticipated to exceed $100,000.
SEC. 114. Not more than 20 percent of the funds made available
in this title which are limited for obligation during the current
fiscal year shall be obligated during the last two months of the
fiscal year.
(TRANSFER OF FUNDS)
SEC. 115. Funds appropriated to the Department of Defense
for construction in prior years shall be available for construction
authorized for each such military department by the authorizations
enacted into law during the current session of Congress.
SEC. 116. For military construction or family housing projects
that are being completed with funds otherwise expired or lapsed
for obligation, expired or lapsed funds may be used to pay the
cost of associated supervision, inspection, overhead, engineering
and design on those projects and on subsequent claims, if any.
SEC. 117. Notwithstanding any other provision of law, any
funds made available to a military department or defense agency
for the construction of military projects may be obligated for a
military construction project or contract, or for any portion of such
a project or contract, at any time before the end of the fourth
fiscal year after the fiscal year for which funds for such project
were made available, if the funds obligated for such project: (1)
are obligated from funds available for military construction projects;
and (2) do not exceed the amount appropriated for such project,
plus any amount by which the cost of such project is increased
pursuant to law.
SEC. 118. The Secretary of Defense is to provide the Committees
on Appropriations of both Houses of Congress with an annual
report by February 15, containing details of the specific actions
proposed to be taken by the Department of Defense during the
current fiscal year to encourage other member nations of the North
Atlantic Treaty Organization, Japan, Korea, and United States
Reports.
Deadline.
10 USC 2860
note.
Notification.
Deadline.
Contracts.
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119 STAT. 2379
PUBLIC LAW 109–114—NOV. 30, 2005
allies bordering the Arabian Sea to assume a greater share of
the common defense burden of such nations and the United States.
(TRANSFER OF FUNDS)
SEC. 119. In addition to any other transfer authority available
to the Department of Defense, proceeds deposited to the Department
of Defense Base Closure Account established by section 207(a)(1)
of the Defense Authorization Amendments and Base Closure and
Realignment Act (10 U.S.C. 2687 note) pursuant to section
207(a)(2)(C) of such Act, may be transferred to the account estab-
lished by section 2906(a)(1) of the Defense Base Closure and
Realignment Act of 1990 (10 U.S.C. 2687 note), to be merged
with, and to be available for the same purposes and the same
time period as that account.
(TRANSFER OF FUNDS)
SEC. 120. Subject to 30 days prior notification to the Commit-
tees on Appropriations of both Houses of Congress, such additional
amounts as may be determined by the Secretary of Defense may
be transferred to: (1) the Department of Defense Family Housing
Improvement Fund from amounts appropriated for construction
in ‘‘Family Housing’’ accounts, to be merged with and to be available
for the same purposes and for the same period of time as amounts
appropriated directly to the Fund; or (2) the Department of Defense
Military Unaccompanied Housing Improvement Fund from amounts
appropriated for construction of military unaccompanied housing
in ‘‘Military Construction’’ accounts, to be merged with and to
be available for the same purposes and for the same period of
time as amounts appropriated directly to the Fund: Provided, That
appropriations made available to the Funds shall be available to
cover the costs, as defined in section 502(5) of the Congressional
Budget Act of 1974, of direct loans or loan guarantees issued by
the Department of Defense pursuant to the provisions of subchapter
IV of chapter 169 of title 10, United States Code, pertaining to
alternative means of acquiring and improving military family
housing, military unaccompanied housing, and supporting facilities.
SEC. 121. None of the funds made available in this title may
be obligated for Partnership for Peace Programs in the New Inde-
pendent States of the former Soviet Union.
SEC. 122. (a) Not later than 60 days before issuing any solicita-
tion for a contract with the private sector for military family housing
the Secretary of the military department concerned shall submit
to the Committees on Appropriations of both Houses of Congress
the notice described in subsection (b).
(b)(1) A notice referred to in subsection (a) is a notice of any
guarantee (including the making of mortgage or rental payments)
proposed to be made by the Secretary to the private party under
the contract involved in the event of—
(A) the closure or realignment of the installation for which
housing is provided under the contract;
(B) a reduction in force of units stationed at such installa-
tion; or
(C) the extended deployment overseas of units stationed
at such installation.
(2) Each notice under this subsection shall specify the nature
of the guarantee involved and assess the extent and likelihood,
Deadline.
Contracts.
Notice.
Deadline.
Notification.
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119 STAT. 2380
PUBLIC LAW 109–114—NOV. 30, 2005
if any, of the liability of the Federal Government with respect
to the guarantee.
(TRANSFER OF FUNDS)
SEC. 123. In addition to any other transfer authority available
to the Department of Defense, amounts may be transferred from
the account established by section 2906(a)(1) of the Defense Base
Closure and Realignment Act of 1990 (10 U.S.C. 2687 note), to
the fund established by section 1013(d) of the Demonstration Cities
and Metropolitan Development Act of 1966 (42 U.S.C. 3374) to
pay for expenses associated with the Homeowners Assistance Pro-
gram. Any amounts transferred shall be merged with and be avail-
able for the same purposes and for the same time period as the
fund to which transferred.
SEC. 124. Notwithstanding this or any other provision of law,
funds made available in this title for operation and maintenance
of family housing shall be the exclusive source of funds for repair
and maintenance of all family housing units, including general
or flag officer quarters: Provided, That not more than $35,000
per unit may be spent annually for the maintenance and repair
of any general or flag officer quarters without 30 days prior notifica-
tion to the Committees on Appropriations of both Houses of Con-
gress, except that an after-the-fact notification shall be submitted
if the limitation is exceeded solely due to costs associated with
environmental remediation that could not be reasonably anticipated
at the time of the budget submission: Provided further, That the
Under Secretary of Defense (Comptroller) is to report annually
to the Committees on Appropriations of both Houses of Congress
all operation and maintenance expenditures for each individual
general or flag officer quarters for the prior fiscal year.
SEC. 125. None of the funds made available in this title under
the heading ‘‘North Atlantic Treaty Organization Security Invest-
ment Program’’, and no funds appropriated for any fiscal year
before fiscal year 2006 for that program that remain available
for obligation, may be obligated or expended for the conduct of
studies of missile defense.
SEC. 126. Whenever the Secretary of Defense or any other
official of the Department of Defense is requested by the sub-
committee on Military Quality of Life and Veterans Affairs, and
Related Agencies of the Committee on Appropriations of the House
of Representatives or the subcommittee on Military Construction
and Veterans Affairs, and Related Agencies of the Committee on
Appropriations of the Senate to respond to a question or inquiry
submitted by the chairman or another member of that subcommittee
pursuant to a subcommittee hearing or other activity, the Secretary
(or other official) shall respond to the request, in writing, within
21 days of the date on which the request is transmitted to the
Secretary (or other official).
SEC. 127. Amounts contained in the Ford Island Improvement
Account established by subsection (h) of section 2814 of title 10,
United States Code, are appropriated and shall be available until
expended for the purposes specified in subsection (i)(1) of such
section or until transferred pursuant to subsection (i)(3) of such
section.
Deadline.
Reports.
10 USC 2821
note.
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119 STAT. 2381
PUBLIC LAW 109–114—NOV. 30, 2005
(TRANSFER OF FUNDS)
SEC. 128. None of the funds made available in this title, or
in any Act making appropriations for military construction which
remain available for obligation, may be obligated or expended to
carry out a military construction, land acquisition, or family housing
project at or for a military installation approved for closure, or
at a military installation for the purposes of supporting a function
that has been approved for realignment to another installation,
in 2005 under the Defense Base Closure and Realignment Act
of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C.
2687 note), unless such a project at a military installation approved
for realignment will support a new mission or function that is
planned for that installation, or unless the Secretary of Defense
certifies that the cost to the United States of carrying out such
project would be less than the cost to the United States of cancelling
such project, or if the project is at an active component base that
shall be established as an enclave or in the case of projects having
multi-agency use, that another Government agency has indicated
it will assume ownership of the completed project. The Secretary
of Defense may not transfer funds made available as a result
of this limitation from any military construction project, land
acquisition, or family housing project to another account or use
such funds for another purpose or project without the prior approval
of the Committees on Appropriations of both Houses of Congress.
SEC. 129. (a) Of the amount in the Department of Defense
Base Closure Account 1990 under section 2906(a)(1) of the Defense
Base Closure and Realignment Act of 1990 (part A of title XXIX
of Public Law 101–510; 10 U.S.C. 2687 note) that is derived from
the disposal of Department of the Navy property under that Act,
not less than $300,000,000 shall be available exclusively to the
Department of the Navy for the costs of environmental restoration
and property management and disposal of property at installations
of the Department of the Navy closed or realigned under that
Act.
(b) The amount available under subsection (a) shall remain
available for the costs specified in that subsection until expended.
(c) Not later than 45 days after the date of enactment of
this Act, the Secretary of the Navy shall submit to the Committees
on Appropriations of both Houses of Congress a report containing
a plan for the use of the funds made available under subsection
(a) for environmental restoration, and for property management
and disposal, at covered Navy installations, including specific sites
and work to be accomplished at those sites. None of the funds
made available under subsection (a) shall be obligated until both
of such committees approve such report or the expiration of the
30-day period beginning on the date such committees receive such
report, whichever occurs earlier.
SEC. 130. Not later than 45 days after the date of the enactment
of this Act, the Secretary of the Air Force shall submit to the
Committees on Appropriations of both of Houses of Congress a
report containing a housing plan for Spangdahlem Air Base, Ger-
many, as outlined in the Statement of Managers accompanying
the Conference report for H.R. 2528 of the 109th Congress. None
of the funds made available in this title shall be used for the
construction of family housing at Spangdahlem Air Base, Germany,
until both of such committees approve such report or the expiration
Deadlines.
Reports.
Reports.
Deadlines.
Certification.
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of the 30-day period beginning on the date such committees receive
such report, whichever occurs earlier.
TITLE II
DEPARTMENT OF VETERANS AFFAIRS
VETERANS BENEFITS ADMINISTRATION
COMPENSATION AND PENSIONS
(INCLUDING TRANSFER OF FUNDS)
For the payment of compensation benefits to or on behalf of
veterans and a pilot program for disability examinations as author-
ized by law (38 U.S.C. 107, chapters 11, 13, 18, 51, 53, 55, and
61); pension benefits to or on behalf of veterans as authorized
by law (38 U.S.C. chapters 15, 51, 53, 55, and 61; 92 Stat. 2508);
and burial benefits, the Reinstated Entitlement Program for Sur-
vivors, emergency and other officers’ retirement pay, adjusted-
service credits and certificates, payment of premiums due on
commercial life insurance policies guaranteed under the provisions
of title IV of the Servicemembers Civil Relief Act (50 U.S.C. App.
540 et seq.) and for other benefits as authorized by law (38 U.S.C.
107, 1312, 1977, and 2106, chapters 23, 51, 53, 55, and 61; 43
Stat. 122, 123; 45 Stat. 735; 76 Stat. 1198), $33,897,787,000, to
remain available until expended: Provided, That not to exceed
$23,491,000 of the amount appropriated under this heading shall
be reimbursed to ‘‘General operating expenses’’ and ‘‘Medical
administration’’ for necessary expenses in implementing the provi-
sions of chapters 51, 53, and 55 of title 38, United States Code,
the funding source for which is specifically provided as the ‘‘Com-
pensation and pensions’’ appropriation: Provided further, That such
sums as may be earned on an actual qualifying patient basis,
shall be reimbursed to ‘‘Medical care collections fund’’ to augment
the funding of individual medical facilities for nursing home care
provided to pensioners as authorized.
READJUSTMENT BENEFITS
For the payment of readjustment and rehabilitation benefits
to or on behalf of veterans as authorized by law (38 U.S.C. chapters
21, 30, 31, 34, 35, 36, 39, 51, 53, 55, and 61), $3,309,234,000,
to remain available until expended: Provided, That expenses for
rehabilitation program services and assistance which the Secretary
is authorized to provide under section 3104(a) of title 38, United
States Code, other than under subsection (a)(1), (2), (5), and (11)
of that section, shall be charged to this account.
VETERANS INSURANCE AND INDEMNITIES
For military and naval insurance, national service life insur-
ance, servicemen’s indemnities, service-disabled veterans insurance,
and veterans mortgage life insurance as authorized by title 38,
United States Code, chapter 19; 70 Stat. 887; 72 Stat. 487,
$45,907,000, to remain available until expended.
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VETERANS HOUSING BENEFIT PROGRAM FUND PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For the cost of direct and guaranteed loans, such sums as
may be necessary to carry out the program, as authorized by chapter
37 of title 38, United States Code: Provided, That such costs,
including the cost of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974: Provided
further, That during fiscal year 2006, within the resources available,
not to exceed $500,000 in gross obligations for direct loans are
authorized for specially adapted housing loans.
In addition, for administrative expenses to carry out the direct
and guaranteed loan programs, $153,575,000, which may be trans-
ferred to and merged with the appropriation for ‘‘General operating
expenses’’.
VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For the cost of direct loans, $53,000, as authorized by chapter
31 of title 38, United States Code: Provided, That such costs,
including the cost of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974: Provided
further, That funds made available under this heading are available
to subsidize gross obligations for the principal amount of direct
loans not to exceed $4,242,000.
In addition, for administrative expenses necessary to carry
out the direct loan program, $305,000, which may be transferred
to and merged with the appropriation for ‘‘General operating
expenses’’.
NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For administrative expenses to carry out the direct loan pro-
gram authorized by subchapter V of chapter 37 of title 38, United
States Code, $580,000, which may be transferred to and merged
with the appropriation for ‘‘General operating expenses’’: Provided,
That no new loans in excess of $30,000,000 may be made in fiscal
year 2006.
GUARANTEED TRANSITIONAL HOUSING LOANS FOR HOMELESS
VETERANS PROGRAM ACCOUNT
For the administrative expenses to carry out the guaranteed
transitional housing loan program authorized by subchapter VI
of chapter 37 of title 38, United States Code, not to exceed $750,000
of the amounts appropriated by this Act for ‘‘General operating
expenses’’ and ‘‘Medical administration’’ may be expended.
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PUBLIC LAW 109–114—NOV. 30, 2005
VETERANS HEALTH ADMINISTRATION
MEDICAL SERVICES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses for furnishing, as authorized by law,
inpatient and outpatient care and treatment to beneficiaries of
the Department of Veterans Affairs and veterans described in sec-
tion 1705(a) of title 38, United States Code, including care and
treatment in facilities not under the jurisdiction of the Department,
and including medical supplies and equipment and salaries and
expenses of health-care employees hired under title 38, United
States Code, and aid to State homes as authorized by section
1741 of title 38, United States Code; $22,547,141,000, plus
reimbursements, of which not less than $2,200,000,000 shall be
expended for specialty mental health care: Provided, That
$1,225,000,000 of the amount provided under this heading is des-
ignated by the Congress as an emergency requirement pursuant
to section 402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006: Provided further,
That such $1,225,000,000 shall be available only if an official budget
request is transmitted by the President to the Congress that revises
the President’s budget amendment of July 14, 2005, to designate
the entire $1,225,000,000 as an emergency requirement: Provided
further, That of the funds made available under this heading,
not to exceed $1,100,000,000 shall be available until September
30, 2007: Provided further, That, notwithstanding any other provi-
sion of law, the Secretary of Veterans Affairs shall establish a
priority for treatment for veterans who are service-connected dis-
abled, lower income, or have special needs: Provided further, That,
notwithstanding any other provision of law, the Secretary of Vet-
erans Affairs shall give priority funding for the provision of basic
medical benefits to veterans in enrollment priority groups 1 through
6: Provided further, That, notwithstanding any other provision of
law, the Secretary of Veterans Affairs may authorize the dispensing
of prescription drugs from Veterans Health Administration facilities
to enrolled veterans with privately written prescriptions based on
requirements established by the Secretary: Provided further, That
the implementation of the program described in the previous proviso
shall incur no additional cost to the Department of Veterans Affairs:
Provided further, That for the Department of Defense/Department
of Veterans Affairs Health Care Sharing Incentive Fund, as author-
ized by section 721 of Public Law 107–314, a minimum of
$15,000,000, to remain available until expended, for any purpose
authorized by section 8111 of title 38, United States Code.
MEDICAL ADMINISTRATION
For necessary expenses in the administration of the medical,
hospital, nursing home, domiciliary, construction, supply, and
research activities, as authorized by law; administrative expenses
in support of capital policy activities; uniforms or allowances
therefor, as authorized by sections 5901–5902 of title 5, United
States Code; and administrative and legal expenses of the Depart-
ment for collecting and recovering amounts owed the Department
as authorized under chapter 17 of title 38, United States Code,
and the Federal Medical Care Recovery Act (42 U.S.C. 2651 et
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seq.); $2,858,442,000, plus reimbursements, of which $250,000,000
shall be available until September 30, 2007.
MEDICAL FACILITIES
For necessary expenses for the maintenance and operation of
hospitals, nursing homes, and domiciliary facilities and other nec-
essary facilities for the Veterans Health Administration; for
administrative expenses in support of planning, design, project
management, real property acquisition and disposition, construction
and renovation of any facility under the jurisdiction or for the
use of the Department; for oversight, engineering and architectural
activities not charged to project costs; for repairing, altering,
improving or providing facilities in the several hospitals and homes
under the jurisdiction of the Department, not otherwise provided
for, either by contract or by the hire of temporary employees and
purchase of materials; for leases of facilities; and for laundry and
food services, $3,297,669,000, plus reimbursements, of which
$250,000,000 shall be available until September 30, 2007.
MEDICAL AND PROSTHETIC RESEARCH
For necessary expenses in carrying out programs of medical
and prosthetic research and development as authorized by chapter
73 of title 38, United States Code, to remain available until Sep-
tember 30, 2007, $412,000,000, plus reimbursements, of which not
less than $15,000,000 shall be used for Gulf War Illness research.
DEPARTMENTAL ADMINISTRATION
GENERAL OPERATING EXPENSES
For necessary operating expenses of the Department of Vet-
erans Affairs, not otherwise provided for, including administrative
expenses in support of Department-Wide capital planning, manage-
ment and policy activities, uniforms or allowances therefor; not
to exceed $25,000 for official reception and representation expenses;
hire of passenger motor vehicles; and reimbursement of the General
Services Administration for security guard services, and the Depart-
ment of Defense for the cost of overseas employee mail,
$1,410,520,000: Provided, That expenses for services and assistance
authorized under paragraphs (1), (2), (5), and (11) of section 3104(a)
of title 38, United States Code, that the Secretary of Veterans
Affairs determines are necessary to enable entitled veterans: (1)
to the maximum extent feasible, to become employable and to
obtain and maintain suitable employment; or (2) to achieve max-
imum independence in daily living, shall be charged to this account:
Provided further, That the Veterans Benefits Administration shall
be funded at not less than $1,053,938,000: Provided further, That
of the funds made available under this heading, not to exceed
$70,000,000 shall be available for obligation until September 30,
2007: Provided further, That from the funds made available under
this heading, the Veterans Benefits Administration may purchase
up to two passenger motor vehicles for use in operations of that
Administration in Manila, Philippines.
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PUBLIC LAW 109–114—NOV. 30, 2005
INFORMATION TECHNOLOGY SYSTEMS
For necessary expenses for information technology systems and
telecommunications support, including developmental information
systems and operational information systems; for the capital asset
acquisition of information technology systems, including manage-
ment and related contractual costs of said acquisitions, including
contractual costs associated with operations authorized by chapter
3109 of title 5, United States Code, $1,213,820,000, to remain
available until September 30, 2007: Provided, That none of these
funds may be obligated until the Department of Veterans Affairs
submits to the Committees on Appropriations of both Houses of
Congress, and such Committees approve, a plan for expenditure
that: (1) meets the capital planning and investment control review
requirements established by the Office of Management and Budget;
(2) complies with the Department of Veterans Affairs enterprise
architecture; (3) conforms with an established enterprise life cycle
methodology; and (4) complies with the acquisition rules, require-
ments, guidelines, and systems acquisition management practices
of the Federal Government: Provided further, That within 30 days
of enactment of this Act, the Secretary of Veterans Affairs shall
submit to the Committees on Appropriations of both Houses of
Congress a reprogramming base letter which provides, by project,
the costs included in this appropriation.
NATIONAL CEMETERY ADMINISTRATION
For necessary expenses of the National Cemetery Administra-
tion for operations and maintenance, not otherwise provided for,
including uniforms or allowances therefor; cemeterial expenses as
authorized by law; purchase of one passenger motor vehicle for
use in cemeterial operations; and hire of passenger motor vehicles,
$156,447,000: Provided, That of the funds made available under
this heading, not to exceed $7,800,000 shall be available until
September 30, 2007.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$70,174,000, to remain available until September 30, 2007.
CONSTRUCTION, MAJOR PROJECTS
For constructing, altering, extending and improving any of the
facilities including parking projects under the jurisdiction or for
the use of the Department of Veterans Affairs, or for any of the
purposes set forth in sections 316, 2404, 2406, 8102, 8103, 8106,
8108, 8109, 8110, and 8122 of title 38, United States Code, including
planning, architectural and engineering services, construction
management services, maintenance or guarantee period services
costs associated with equipment guarantees provided under the
project, services of claims analysts, offsite utility and storm drainage
system construction costs, and site acquisition, where the estimated
cost of a project is more than the amount set forth in section
8104(a)(3)(A) of title 38, United States Code, or where funds for
a project were made available in a previous major project appropria-
tion, $607,100,000, to remain available until expended, of which
$532,010,000 shall be for Capital Asset Realignment for Enhanced
Deadline.
Notification.
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Services (CARES) activities; and of which $2,500,000 shall be to
make reimbursements as provided in section 13 of the Contract
Disputes Act of 1978 (41 U.S.C. 612) for claims paid for contract
disputes: Provided, That except for advance planning activities,
including needs assessments which may or may not lead to capital
investments, and other capital asset management related activities,
such as portfolio development and management activities, and
investment strategy studies funded through the advance planning
fund and the planning and design activities funded through the
design fund and CARES funds, including needs assessments which
may or may not lead to capital investments, none of the funds
appropriated under this heading shall be used for any project which
has not been approved by the Congress in the budgetary process:
Provided further, That funds provided in this appropriation for
fiscal year 2006, for each approved project (except those for CARES
activities referenced above) shall be obligated: (1) by the awarding
of a construction documents contract by September 30, 2006; and
(2) by the awarding of a construction contract by September 30,
2007: Provided further, That the Secretary of Veterans Affairs shall
promptly report in writing to the Committees on Appropriations
of both Houses of Congress any approved major construction project
in which obligations are not incurred within the time limitations
established above: Provided further, That none of the funds in
this or any other Act may be used to reduce the mission, services
or infrastructure, including land, of the 18 facilities on the Capital
Asset Realignment for Enhanced Services (CARES) list requiring
further study as specified by the Secretary of Veterans Affairs
without prior approval of the Committees on Appropriations of
both Houses of Congress.
CONSTRUCTION, MINOR PROJECTS
For constructing, altering, extending, and improving any of
the facilities including parking projects under the jurisdiction or
for the use of the Department of Veterans Affairs, including plan-
ning and assessments of needs which may lead to capital invest-
ments, architectural and engineering services, maintenance or guar-
antee period services costs associated with equipment guarantees
provided under the project, services of claims analysts, offsite utility
and storm drainage system construction costs, and site acquisition,
or for any of the purposes set forth in sections 316, 2404, 2406,
8102, 8103, 8106, 8108, 8109, 8110, 8122, and 8162 of title 38,
United States Code, where the estimated cost of a project is equal
to or less than the amount set forth in section 8104(a)(3)(A) of
title 38, United States Code, $198,937,000, 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, of which
$155,000,000 shall be for Capital Asset Realignment for Enhanced
Services (CARES) activities: Provided, That funds in this account
shall be available for: (1) repairs to any of the nonmedical facilities
under the jurisdiction or for the use of the Department which
are necessary because of loss or damage caused by any natural
disaster or catastrophe; and (2) temporary measures necessary to
prevent or to minimize further loss by such causes.
Reports.
Contracts.
Deadlines.
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PUBLIC LAW 109–114—NOV. 30, 2005
GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE FACILITIES
For grants to assist States to acquire or construct State nursing
home and domiciliary facilities and to remodel, modify or alter
existing hospital, nursing home and domiciliary facilities in State
homes, for furnishing care to veterans as authorized by sections
8131–8137 of title 38, United States Code, $85,000,000, to remain
available until expended.
GRANTS FOR THE CONSTRUCTION OF STATE VETERANS CEMETERIES
For grants to aid States in establishing, expanding, or
improving State veterans cemeteries as authorized by section 2408
of title 38, United States Code, $32,000,000, to remain available
until expended.
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFER OF FUNDS)
SEC. 201. Any appropriation for fiscal year 2006 for ‘‘Compensa-
tion and pensions’’, ‘‘Readjustment benefits’’, and ‘‘Veterans insur-
ance and indemnities’’ may be transferred as necessary to any
other of the mentioned appropriations: Provided, That before a
transfer may take place, the Secretary of Veterans Affairs shall
request from the Committees on Appropriations of both Houses
of Congress the authority to make the transfer and an approval
is issued, or absent a response, a period of 30 days has elapsed.
SEC. 202. Appropriations available in this title for salaries
and expenses shall be available for services authorized by section
3109 of title 5, United States Code, hire of passenger motor vehicles;
lease of a facility or land or both; and uniforms or allowances
therefore, as authorized by sections 5901–5902 of title 5, United
States Code.
SEC. 203. No appropriations in this title (except the appropria-
tions for ‘‘Construction, major projects’’, and ‘‘Construction, minor
projects’’) shall be available for the purchase of any site for or
toward the construction of any new hospital or home.
SEC. 204. No appropriations in this title shall be available
for hospitalization or examination of any persons (except bene-
ficiaries entitled under the laws bestowing such benefits to veterans,
and persons receiving such treatment under sections 7901–7904
of title 5, United States Code or the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.)),
unless reimbursement of cost is made to the ‘‘Medical services’’
account at such rates as may be fixed by the Secretary of Veterans
Affairs.
SEC. 205. Appropriations available in this title for ‘‘Compensa-
tion and pensions’’, ‘‘Readjustment benefits’’, and ‘‘Veterans insur-
ance and indemnities’’ shall be available for payment of prior year
accrued obligations required to be recorded by law against the
corresponding prior year accounts within the last quarter of fiscal
year 2005.
SEC. 206. Appropriations available in this title shall be available
to pay prior year obligations of corresponding prior year appropria-
tions accounts resulting from sections 3328(a), 3334, and 3712(a)
of title 31, United States Code, except that if such obligations
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are from trust fund accounts they shall be payable from ‘‘Compensa-
tion and pensions’’.
SEC. 207. Notwithstanding any other provision of law, during
fiscal year 2006, the Secretary of Veterans Affairs shall, from the
National Service Life Insurance Fund (38 U.S.C. 1920), the Vet-
erans’ 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 administra-
tion 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 2006
that are available for dividends in that program after claims have
been paid and actuarially determined reserves have been set aside:
Provided further, That if the cost of administration of an insurance
program exceeds the amount of surplus earnings accumulated in
that program, reimbursement shall be made only to the extent
of such surplus earnings: Provided further, That the Secretary
shall determine the cost of administration for fiscal year 2006
which is properly allocable to the provision of each insurance pro-
gram and to the provision of any total disability income insurance
included in such insurance program.
SEC. 208. The paragraph under the heading ‘‘Franchise Fund’’
in title I of Public Law 104–204 (31 U.S.C. 501 note) is amended—
(1) by striking ‘‘franchise fund pilot, as authorized by sec-
tion 403 of Public Law 103–356, to be available as provided
in such section’’ and inserting ‘‘Department of Veterans Affairs
franchise fund, to be available without fiscal year limitation’’;
and
(2) by striking the final proviso.
SEC. 209. Amounts deducted from enhanced-use lease proceeds
to reimburse an account for expenses incurred by that account
during a prior fiscal year for providing enhanced-use lease services,
may be obligated during the fiscal year in which the proceeds
are received.
SEC. 210. Funds available in this title or funds for salaries
and other administrative expenses shall also be available to
reimburse the Office of Resolution Management and the Office
of Employment Discrimination Complaint Adjudication for all serv-
ices provided at rates which will recover actual costs but not exceed
$29,758,000 for the Office of Resolution Management and
$3,059,000 for the Office of Employment and Discrimination Com-
plaint Adjudication: Provided, That payments may be made in
advance for services to be furnished based on estimated costs:
Provided further, That amounts received shall be credited to ‘‘Gen-
eral operating expenses’’ for use by the office that provided the
service.
SEC. 211. No appropriations in this title shall be available
to enter into any new lease of real property if the estimated annual
rental is more than $300,000 unless the Secretary submits a report
which the Committees on Appropriations of both Houses of Congress
approve within 30 days following the date on which the report
is received.
SEC. 212. No funds of the Department of Veterans Affairs
shall be available for hospital care, nursing home care, or medical
services provided to any person under chapter 17 of title 38, United
States Code, for a non-service-connected disability described in sec-
tion 1729(a)(2) of such title, unless that person has disclosed to
Contracts.
Reports.
Deadline.
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the Secretary of Veterans Affairs, in such form as the Secretary
may require, current, accurate third-party reimbursement informa-
tion for purposes of section 1729 of such title: Provided, That
the Secretary may recover, in the same manner as any other debt
due the United States, the reasonable charges for such care or
services from any person who does not make such disclosure as
required: Provided further, That any amounts so recovered for care
or services provided in a prior fiscal year may be obligated by
the Secretary during the fiscal year in which amounts are received.
SEC. 213. Notwithstanding any other provision of law, at the
discretion of the Secretary of Veterans Affairs, proceeds or revenues
derived from enhanced-use leasing activities (including disposal)
may be deposited into the ‘‘Construction, major projects’’ and
‘‘Construction, minor projects’’ accounts and be used for construction
(including site acquisition and disposition), alterations and 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, supplies, and equip-
ment; and
(2) for funeral expenses, burial expenses, and other
expenses incidental to funerals and burials for beneficiaries
receiving care in the Department.
(INCLUDING TRANSFER OF FUNDS)
SEC. 215. That such sums as may be deposited to the Medical
Care Collections Fund pursuant to section 1729A of title 38, United
States Code, may be transferred to ‘‘Medical services’’, to remain
available until expended for the purposes of this account.
(INCLUDING TRANSFER OF FUNDS)
SEC. 216. Amounts made available for fiscal year 2006 under
the ‘‘Medical services’’, ‘‘Medical administration’’, and ‘‘Medical
facilities’’ accounts may be transferred among the accounts to the
extent necessary to implement the restructuring of the Veterans
Health Administration accounts: Provided, That before a transfer
may take place, the Secretary of Veterans Affairs shall request
from the Committees on Appropriations of both Houses of Congress
the authority to make the transfer and an approval is issued.
(INCLUDING TRANSFER OF FUNDS)
SEC. 217. Any appropriation for fiscal year 2006 for the Vet-
erans Benefits Administration made available under the heading
‘‘General operating expenses’’ may be transferred to the ‘‘Veterans
Housing Benefit Program Fund Program Account’’ for the purpose
of providing funds for the nationwide property management contract
if the administrative costs of such contract exceed $8,800,000 in
the fiscal year.
SEC. 218. Notwithstanding any other provision of law, the
Secretary of Veterans Affairs shall allow veterans eligible under
existing Department of Veterans Affairs medical care requirements
and who reside in Alaska to obtain medical care services from
Alaska.
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medical facilities supported by the Indian Health Service or tribal
organizations. The Secretary shall: (1) limit the application of this
provision to rural Alaskan veterans in areas where an existing
Department of Veterans Affairs facility or Veterans Affairs-con-
tracted service is unavailable; (2) require participating veterans
and facilities to comply with all appropriate rules and regulations,
as established by the Secretary; (3) require this provision to be
consistent with Capital Asset Realignment for Enhanced Services
activities; and (4) result in no additional cost to the Department
of Veterans Affairs or the Indian Health Service.
(INCLUDING TRANSFER OF FUNDS)
SEC. 219. That such sums as may be deposited to the Depart-
ment of Veterans Affairs Capital Asset Fund pursuant to section
8118 of title 38, United States Code, may be transferred to the
‘‘Construction, major projects’’ and ‘‘Construction, minor projects’’
accounts, to remain available until expended for the purposes of
these accounts.
SEC. 220. None of the funds available to the Department of
Veterans Affairs, in this Act or any other Act, may be used to
replace the current system by which the Veterans Integrated Service
Networks select and contract for diabetes monitoring supplies and
equipment.
SEC. 221. 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 Net-
works.
SEC. 222. The Secretary of Veterans Affairs shall submit to
the Committees on Appropriations of both Houses of Congress a
quarterly report on the financial status of the Veterans Health
Administration.
SEC. 223. None of the funds made available in this Act or
any other Act may be used—
(1) with respect to the 2,100 compensation cases identified
in the Scope and Methodology description in VA Inspector
General Report No. 05–00765–137 as having been reviewed
by the Office of Inspector General—
(A) to retroactively revoke or reduce a veteran’s dis-
ability compensation payments for post traumatic stress
disorder based on a finding that the Department of Vet-
erans Affairs failed to collect justifying documentation
unless the award of compensation was the direct result
of fraud by the applicant; or
(B) to prospectively revoke or reduce a veteran’s dis-
ability compensation payments for post traumatic stress
disorder, based on a finding that the Department of Vet-
erans Affairs failed to collect justifying documentation,
effective before the date on which the veteran’s time to
exhaust all available administrative and judicial appeals
has expired or such administrative and judicial appeals
are finally decided; or
(2) for the implementation of Recommendation 3 of VA
Inspector General Report No. 05–00765–137 or any related
review and investigation of post traumatic stress, individual
unemployability, and schedular 100 percent ratings cases, until
the Department of Veterans Affairs reports to the Committees
Reports.
Reports.
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119 STAT. 2392
PUBLIC LAW 109–114—NOV. 30, 2005
on Appropriations of both Houses of Congress on its plans
for implementing this recommendation, and outlines the
staffing and funding requirements.
SEC. 224. CLINICAL TRAINING AND PROTOCOLS. (a) FINDINGS.—
Congress finds that—
(1) the Iraq War Clinician Guide has tremendous value;
and
(2) the Secretary of Defense and the National Center on
Post Traumatic Stress Disorder should continue to work
together to ensure that the mental health care needs of
servicemembers and veterans are met.
(b) COLLABORATION.—The National Center on Post Traumatic
Stress Disorder shall collaborate with the Secretary of Defense—
(1) to enhance the clinical skills of military clinicians
through training, treatment protocols, web-based interventions,
and the development of evidence-based interventions; and
(2) to promote pre-deployment resilience and post-deploy-
ment readjustment among servicemembers serving in Operation
Iraqi Freedom and Operation Enduring Freedom.
(c) TRAINING.—The National Center on Post Traumatic Stress
Disorder shall work with the Secretary of Defense to ensure that
clinicians in the Department of Defense are provided with the
training and protocols developed pursuant to subsection (b)(1).
(INCLUDING TRANSFER OF FUNDS)
SEC. 225. Amounts made available under the ‘‘Medical adminis-
tration’’, ‘‘Medical services’’, ‘‘Medical facilities’’, ‘‘General operating
expenses’’, ‘‘National Cemetery Administration’’ and ‘‘Office of
Inspector General’’ accounts for fiscal year 2006, may be transferred
to or from the ‘‘Information technology systems’’ account: Provided,
That before a transfer may take place, the Secretary of Veterans
Affairs shall request from the Committees on Appropriations of
both Houses of Congress the authority to make the transfer and
an approval is issued.
(INCLUDING TRANSFER OF FUNDS)
SEC. 226. For purposes of perfecting the funding sources of
the Department of Veterans Affairs’ new ‘‘Information technology
systems’’ account, funds made available for fiscal year 2006 may
be transferred from the ‘‘General operating expenses’’, ‘‘National
Cemetery Administration’’, and ‘‘Office of Inspector General’’
accounts to the ‘‘Medical administration’’ account: Provided, That
before a transfer may take place, the Secretary of Veterans Affairs
shall request from the Committees on Appropriations of both Houses
of Congress the authority to make the transfer and an approval
is issued.
(INCLUDING TRANSFER OF FUNDS)
SEC. 227. Amounts made available for the ‘‘Information tech-
nology systems’’ account may be transferred between projects: Pro-
vided, That no project may be increased or decreased by more
than $1,000,000 of cost prior to submitting a request to the Commit-
tees on Appropriations of both Houses of Congress the authority
to make the transfer and an approval is issued, or absent a
response, a period of 30 days has elapsed.
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119 STAT. 2393
PUBLIC LAW 109–114—NOV. 30, 2005
SEC. 228. The Department of Veterans Affairs shall conduct
an information campaign in States with an average annual dis-
ability compensation payment of less than $7,300 (according to
the report issued by the Department of Veterans Affairs Office
of Inspector General on May 19, 2005), to inform all veterans
receiving disability compensation, by direct mail, of the history
of below average disability compensation payments to veterans
in such States, and to provide all veterans in each such State,
through broadcast or print advertising, with the aforementioned
historical information and instructions for submitting new claims
and requesting review of past disability claims and ratings.
SEC. 229. Of the funds available to the Department of Veterans
Affairs in this Act or any other Act, no more than $50,000,000
shall be available for the HealtheVetVista project, for fiscal year
2006: Provided, That none of the funds made available for the
HealtheVetVista project may be obligated until the Committees
on Appropriations of both Houses of Congress approve a financial
expenditure plan for the entire project.
SEC. 230. The authority provided by section 2011 of title 38,
United States Code, shall continue in effect through September
30, 2006.
TITLE III
RELATED AGENCIES
AMERICAN BATTLE MONUMENTS COMMISSION
SALARIES AND EXPENSES
For necessary expenses, not otherwise provided for, of the
American Battle Monuments Commission, including the acquisition
of land or interest in land in foreign countries; purchases and
repair of uniforms for caretakers of national cemeteries and monu-
ments outside of the United States and its territories and posses-
sions; rent of office and garage space in foreign countries; purchase
(one for replacement only) and hire of passenger motor vehicles;
not to exceed $7,500 for official reception and representation
expenses; and insurance of official motor vehicles in foreign coun-
tries, when required by law of such countries, $36,250,000, to
remain available until expended.
FOREIGN CURRENCY FLUCTUATIONS ACCOUNT
For necessary expenses, not otherwise provided for, of the
American Battle Monuments Commission, $15,250,000, to remain
available until expended, for purposes authorized by section 2109
of title 36, United States Code.
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS
SALARIES AND EXPENSES
For necessary expenses for the operation of the United States
Court of Appeals for Veterans Claims as authorized by sections
7251–7298 of title 38, United States Code, $18,795,000, of which
$1,260,000 shall be available for the purpose of providing financial
assistance as described, and in accordance with the process and
Termination
date.
38 USC 2011
note.
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119 STAT. 2394
PUBLIC LAW 109–114—NOV. 30, 2005
reporting procedures set forth, under this heading in Public Law
102–229.
DEPARTMENT OF DEFENSE—CIVIL
CEMETERIAL EXPENSES, ARMY
SALARIES AND EXPENSES
For necessary expenses, as authorized by law, for maintenance,
operation, and improvement of Arlington National Cemetery and
Soldiers’ and Airmen’s Home National Cemetery, including the
purchase of two passenger motor vehicles for replacement only,
and not to exceed $1,000 for official reception and representation
expenses, $29,050,000, to remain available until expended. In addi-
tion, such sums as may be necessary for parking maintenance,
repairs and replacement, to be derived from the Lease of Depart-
ment of Defense Real Property for Defense Agencies account.
ARMED FORCES RETIREMENT HOME
For expenses necessary for the Armed Forces Retirement Home
to operate and maintain the Armed Forces Retirement Home—
Washington, District of Columbia and the Armed Forces Retirement
Home—Gulfport, Mississippi, to be paid from funds available in
the Armed Forces Retirement Home Trust Fund, $58,281,000, of
which $1,248,000 shall remain available until expended for
construction and renovation of the physical plants at the Armed
Forces Retirement Home—Washington, District of Columbia and
the Armed Forces Retirement Home—Gulfport, Mississippi.
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 2006
pay raises for programs funded by this Act shall be absorbed within
the levels appropriated in this Act.
SEC. 403. None of the funds made available in this Act may
be used for any program, project, or activity, when it is made
known to the Federal entity or official to which the funds are
made available that the program, project, or activity is not in
compliance with any Federal law relating to risk assessment, the
protection of private property rights, or unfunded mandates.
SEC. 404. No part of any funds appropriated in this Act shall
be used by an agency of the executive branch, other than for
normal and recognized executive-legislative relationships, for pub-
licity or propaganda purposes, and for the preparation, distribution
or use of any kit, pamphlet, booklet, publication, radio, television
or film presentation designed to support or defeat legislation
pending before Congress, except in presentation to Congress itself.
SEC. 405. All departments and agencies funded under this
Act are encouraged, within the limits of the existing statutory
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119 STAT. 2395
PUBLIC LAW 109–114—NOV. 30, 2005
LEGISLATIVE HISTORY—H.R. 2528:
HOUSE REPORTS: Nos. 109–95 (Comm. on Appropriations) and 109–305
(Comm. of Conference).
SENATE REPORTS: No. 109–105 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 151 (2005):
May 26, considered and passed House.
Sept. 22, considered and passed Senate, amended.
Nov. 18, House and Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 41 (2005):
Nov. 30, Presidential statement.
authorities and funding, to expand their use of ‘‘E-Commerce’’ tech-
nologies and procedures in the conduct of their business practices
and public service activities.
SEC. 406. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government except pursuant to a transfer made
by, or transfer authority provided in, this Act or any other appro-
priations Act.
SEC. 407. Unless stated otherwise, all reports and notifications
required by this Act shall be submitted to the Subcommittee on
Military Quality of Life and Veterans Affairs, and Related Agencies
of the Committee on Appropriations of the House of Representatives
and the Subcommittee on Military Construction and Veterans
Affairs, and Related Agencies of the Committee on Appropriations
of the Senate.
SEC. 408. (a) Section 613 of the Science, State, Justice, Com-
merce, and Related Agencies Appropriations Act, 2006, is amended
by striking ‘‘the United States-China Economic and Security Review
Commission’’, and inserting ‘‘a grant for the Trade Lawyers Advisory
Group’’.
(b) The amendment made by paragraph (1) shall take effect
on the date of enactment of the Science, State, Justice, Commerce,
and Related Agencies Appropriations Act, 2006.
This Act may be cited as the ‘‘Military Quality of Life and
Veterans Affairs Appropriations Act, 2006’’.
Approved November 30, 2005.
Effective date.
Ante, p. 2336.
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