H.R. 2528 — Military Quality of Life and Veterans Affairs Appropriations Act, 2006

[109th Congress Public Law 114]
[From the U.S. Government Publishing Office]


[DOCID: f:publ114.109]

[[Page 2371]]

 MILITARY QUALITY OF LIFE AND VETERANS AFFAIRS APPROPRIATIONS ACT, 2006

[[Page 119 STAT. 2372]]

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. <<NOTE: Nov. 30, 2005 -  [H.R. 2528]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Military Quality 
of Life and Veterans Affairs Appropriations Act, 2006.>> 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 Department 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, facilities, 
and real property for the Army as currently authorized by law, including 
personnel in the Army Corps of Engineers and other personal services 
necessary for the purposes of this appropriation, and for construction 
and operation of facilities in support of the functions of the Commander 
in Chief, $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 
Congress of the determination and the reasons therefor: Provided 
further, 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.

[[Page 119 STAT. 2373]]

              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 available until September 30, 
2010: <<NOTE: Notification.>> 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 obligations are 
necessary for such purposes and notifies the Committees on 
Appropriations of both Houses of Congress of the determination and the 
reasons therefor: Provided further, That of the funds appropriated for 
``Military Construction, Navy and Marine Corps'' under Public Law 108-
132, $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, facilities, 
and real property for the Air Force as currently authorized by law, 
$1,288,530,000, to remain available until September 30, 2010: 
Provided, <<NOTE: Notification.>> 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 
``Military Construction, Air Force'' under Public Law 108-11, 
$13,000,000 are hereby rescinded: Provided further, That of the funds 
appropriated 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: Provided further, That of 
the funds appropriated for ``Military Construction, 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 authorized 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

[[Page 119 STAT. 2374]]

to such appropriations of the Department of Defense available for 
military construction or family housing as the Secretary may designate, 
to be merged with and to be available for the same purposes, and for the 
same time period, as the appropriation or fund to which 
transferred: <<NOTE: Notification.>> Provided further, That of the 
amount appropriated, 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 
Committees on Appropriations of both Houses of Congress of the 
determination and the reasons therefor: Provided further, That of the 
funds appropriated for ``Military Construction, Defense-Wide'' under 
Public Law 108-324, $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 Construction 
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.

[[Page 119 STAT. 2375]]

                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: Provided, 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 acquisition and 
construction of military facilities and installations (including 
international military headquarters) and for related expenses for the 
collective defense of the North Atlantic Treaty Area as authorized by 
section 2806 of title 10, United States Code, and Military Construction 
Authorization Acts, $206,858,000, to remain available until expended: 
Provided, That of the funds appropriated for ``North Atlantic Treaty 
Organization Security Investment 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 available 
until September 30, 2010: Provided, That of the funds appropriated 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 construction, 
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.

[[Page 119 STAT. 2376]]

     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 construction, 
including acquisition, replacement, addition, expansion, extension, 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 appropriated 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 construction, 
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: <<NOTE: Reports.>> Provided, That

[[Page 119 STAT. 2377]]

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. <<NOTE: Contracts.>> None of the funds made available in 
this title shall be expended for payments under a cost-plus-a-fixed-fee 
contract for construction, where cost estimates exceed $25,000, to be 
performed within the United States, except Alaska, without the specific 
approval in writing of the Secretary of Defense setting forth the 
reasons therefor.

    Sec. 102. Funds made available in this title for construction shall 
be available for hire of passenger motor vehicles.
    Sec. 103. Funds made available in this title for construction may be 
used for advances to the Federal Highway Administration, Department of 
Transportation, for the construction of access roads as authorized by 
section 210 of title 23, United States Code, when projects authorized 
therein are certified as important to the national defense by the 
Secretary of Defense.
    Sec. 104. None of the funds made available in this title may be used 
to begin construction of new bases in the United States for which 
specific appropriations have not been made.
    Sec. 105. None of the funds made available in this title shall be 
used for purchase of land or land easements in excess of 100 percent of 
the value as determined by the Army Corps of Engineers or the Naval 
Facilities Engineering Command, except: (1) where there is a 
determination of value by a Federal court; (2) purchases negotiated by 
the Attorney General or the designee of the Attorney General; (3) where 
the estimated value is less than $25,000; or (4) as otherwise determined 
by the Secretary of Defense to be in the public interest.
    Sec. 106. None of the funds made available in this title shall be 
used to: (1) acquire land; (2) provide for site preparation; or (3) 
install utilities for any family housing, except housing for which funds 
have been made available in annual Acts making appropriations for 
military construction.
    Sec. 107. <<NOTE: Notification.>> 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. <<NOTE: Notification.>> None of the funds made available 
in this title may be used to initiate a new installation overseas 
without prior notification to the Committees on Appropriations of both 
Houses of Congress.

    Sec. 111. <<NOTE: Contracts.>> None of the funds made available in 
this title may be obligated for architect and engineer contracts 
estimated by the

[[Page 119 STAT. 2378]]

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. <<NOTE: Contracts.>> None of the funds made available in 
this title for military construction in the United States territories 
and possessions in the Pacific and on Kwajalein Atoll, or in countries 
bordering the Arabian Sea, may be used to award any contract estimated 
by the Government to exceed $1,000,000 to a foreign contractor: 
Provided, That this section shall not be applicable to contract awards 
for which the lowest responsive and responsible bid of a United States 
contractor exceeds the lowest responsive and responsible bid of a 
foreign contractor by greater than 20 percent: Provided further, That 
this section shall not apply to contract awards for military 
construction on Kwajalein Atoll for which the lowest responsive and 
responsible bid is submitted by a Marshallese contractor.

    Sec. 113. <<NOTE: Notification. Deadline.>> 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. <<NOTE: 10 USC 2860 note.>> 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. <<NOTE: Reports. Deadline.>> 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

[[Page 119 STAT. 2379]]

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 established by section 2906(a)(1) of the 
Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note), 
to be merged with, and to be available for the same purposes and the 
same time period as that account.


                           (transfer of funds)


    Sec. 120. <<NOTE: Deadline. Notification.>> Subject to 30 days prior 
notification to the Committees on Appropriations of both Houses of 
Congress, such additional amounts as may be determined by the Secretary 
of Defense may be transferred to: (1) the Department of Defense Family 
Housing Improvement Fund from amounts appropriated for construction in 
``Family Housing'' accounts, to be merged with and to be available for 
the same purposes and for the same period of time as amounts 
appropriated directly to the Fund; or (2) the Department of Defense 
Military Unaccompanied Housing Improvement Fund from amounts 
appropriated for construction of military unaccompanied housing in 
``Military Construction'' accounts, to be merged with and to be 
available for the same purposes and for the same period of time as 
amounts appropriated directly to the Fund: Provided, That appropriations 
made available to the Funds shall be available to cover the costs, as 
defined in section 502(5) of the Congressional Budget Act of 1974, of 
direct loans or loan guarantees issued by the Department of Defense 
pursuant to the provisions of subchapter IV of chapter 169 of title 10, 
United States Code, pertaining to alternative means of acquiring and 
improving military family housing, military unaccompanied housing, and 
supporting facilities.

    Sec. 121. None of the funds made available in this title may be 
obligated for Partnership for Peace Programs in the New Independent 
States of the former Soviet Union.
    Sec. 122. <<NOTE: Deadline. Contracts. Notice.>> (a) Not later than 
60 days before issuing any solicitation for a contract with the private 
sector for military family housing the Secretary of the military 
department concerned shall submit to the Committees on Appropriations of 
both Houses of Congress the notice described in subsection (b).

    (b)(1) A notice referred to in subsection (a) is a notice of any 
guarantee (including the making of mortgage or rental payments) proposed 
to be made by the Secretary to the private party under the contract 
involved in the event of--
            (A) the closure or realignment of the installation for which 
        housing is provided under the contract;
            (B) a reduction in force of units stationed at such 
        installation; or
            (C) the extended deployment overseas of units stationed at 
        such installation.

    (2) Each notice under this subsection shall specify the nature of 
the guarantee involved and assess the extent and likelihood,

[[Page 119 STAT. 2380]]

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 Program. Any amounts transferred shall be 
merged with and be available for the same purposes and for the same time 
period as the fund to which transferred.
    Sec. 124. <<NOTE: 10 USC 2821 note.>> Notwithstanding this or any 
other provision of law, funds made available in this title for operation 
and maintenance of family housing shall be the exclusive source of funds 
for repair and maintenance of all family housing units, including 
general or flag officer quarters: Provided, That not more than $35,000 
per unit may be spent annually for the maintenance and repair of any 
general or flag officer quarters without 30 days prior notification to 
the Committees on Appropriations of both Houses of Congress, except that 
an after-the-fact notification shall be submitted if the limitation is 
exceeded solely due to costs associated with environmental remediation 
that could not be reasonably anticipated at the time of the budget 
submission: <<NOTE: Reports.>> 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 Investment 
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. <<NOTE: Deadline.>> Whenever the Secretary of Defense or 
any other official of the Department of Defense is requested by the 
subcommittee 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.

[[Page 119 STAT. 2381]]

                           (transfer of funds)


    Sec. 128. <<NOTE: Certification.>> 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) <<NOTE: Reports. Deadlines.>> 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. <<NOTE: Deadlines. Reports.>> 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, 
Germany, 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

[[Page 119 STAT. 2382]]

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 authorized by law (38 
U.S.C. 107, chapters 11, 13, 18, 51, 53, 55, and 61); pension benefits 
to or on behalf of veterans as authorized by law (38 U.S.C. chapters 15, 
51, 53, 55, and 61; 92 Stat. 2508); and burial benefits, the Reinstated 
Entitlement Program for Survivors, emergency and other officers' 
retirement pay, adjusted-service credits and certificates, payment of 
premiums due on commercial life insurance policies guaranteed under the 
provisions of title IV of the Servicemembers Civil Relief Act (50 U.S.C. 
App. 540 et seq.) and for other benefits as authorized by law (38 U.S.C. 
107, 1312, 1977, and 2106, chapters 23, 51, 53, 55, and 61; 43 Stat. 
122, 123; 45 Stat. 735; 76 Stat. 1198), $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 provisions of chapters 51, 53, 
and 55 of title 38, United States Code, the funding source for which is 
specifically provided as the ``Compensation and pensions'' 
appropriation: Provided further, That such sums as may be earned on an 
actual qualifying patient basis, shall be reimbursed to ``Medical care 
collections fund'' to augment the funding of individual medical 
facilities for nursing home care provided to pensioners as authorized.


                          readjustment benefits


    For the payment of readjustment and rehabilitation benefits to or on 
behalf of veterans as authorized by law (38 U.S.C. chapters 21, 30, 31, 
34, 35, 36, 39, 51, 53, 55, and 61), $3,309,234,000, 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 insurance, 
servicemen's indemnities, service-disabled veterans insurance, and 
veterans mortgage life insurance as authorized by title 38, United 
States Code, chapter 19; 70 Stat. 887; 72 Stat. 487, $45,907,000, to 
remain available until expended.

[[Page 119 STAT. 2383]]

          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 transferred 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 program 
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.

[[Page 119 STAT. 2384]]

                     Veterans Health Administration


                            medical services


                      (including transfer of funds)


    For necessary expenses for furnishing, as authorized by law, 
inpatient and outpatient care and treatment to beneficiaries of the 
Department of Veterans Affairs and veterans described in section 1705(a) 
of title 38, United States Code, including care and treatment in 
facilities not under the jurisdiction of the Department, and including 
medical supplies and equipment and salaries and expenses of 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 designated 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 provision of law, the Secretary 
of Veterans Affairs shall establish a priority for treatment for 
veterans who are service-connected disabled, lower income, or have 
special needs: Provided further, That, notwithstanding any other 
provision of law, the Secretary of Veterans Affairs shall give priority 
funding for the provision of basic medical benefits to veterans in 
enrollment priority groups 1 through 6: Provided further, That, 
notwithstanding any other provision of law, the Secretary of Veterans 
Affairs may authorize the dispensing of prescription drugs from Veterans 
Health Administration facilities to enrolled veterans with privately 
written prescriptions based on requirements established by the 
Secretary: Provided further, That the implementation of the program 
described in the previous proviso shall incur no additional cost to the 
Department of Veterans Affairs: Provided further, That for the 
Department of Defense/Department of Veterans Affairs Health Care Sharing 
Incentive Fund, as authorized 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 Department for collecting and 
recovering amounts owed the Department as authorized under chapter 17 of 
title 38, United States Code, and the Federal Medical Care Recovery Act 
(42 U.S.C. 2651 et

[[Page 119 STAT. 2385]]

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 necessary 
facilities for the Veterans Health Administration; for administrative 
expenses in support of planning, design, project management, real 
property acquisition and disposition, construction and renovation of any 
facility under the jurisdiction or for the use of the Department; for 
oversight, engineering and architectural activities not charged to 
project costs; for repairing, altering, improving or providing 
facilities in the several hospitals and homes under the jurisdiction of 
the Department, not otherwise provided for, either by contract or by the 
hire of temporary employees and purchase of materials; for leases of 
facilities; and for laundry and food services, $3,297,669,000, 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 September 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 Veterans 
Affairs, not otherwise provided for, including administrative expenses 
in support of Department-Wide capital planning, management and policy 
activities, uniforms or allowances therefor; not to exceed $25,000 for 
official reception and representation expenses; hire of passenger motor 
vehicles; and reimbursement of the General Services Administration for 
security guard services, and the Department of Defense for the cost of 
overseas employee mail, $1,410,520,000: 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 maximum independence in daily living, shall be charged to this 
account: Provided further, That the Veterans Benefits Administration 
shall be funded at not less than $1,053,938,000: 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.

[[Page 119 STAT. 2386]]

                     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 management and related 
contractual costs of said acquisitions, including contractual costs 
associated with operations authorized by chapter 3109 of title 5, United 
States Code, $1,213,820,000, 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, requirements, guidelines, and systems acquisition management 
practices of the Federal 
Government: <<NOTE: Deadline. Notification.>> 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 Administration for 
operations and maintenance, not otherwise provided for, including 
uniforms or allowances therefor; cemeterial expenses as authorized by 
law; purchase of one passenger motor vehicle for use in cemeterial 
operations; and hire of passenger motor vehicles, $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 appropriation, $607,100,000, to remain available until 
expended, of which $532,010,000 shall be for Capital Asset Realignment 
for Enhanced

[[Page 119 STAT. 2387]]

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, <<NOTE: Contracts. Deadlines.>> 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: <<NOTE: Reports.>> 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 planning and 
assessments of needs which may lead to capital investments, 
architectural and engineering services, maintenance or guarantee period 
services costs associated with equipment guarantees provided under the 
project, services of claims analysts, offsite utility and storm drainage 
system construction costs, and site acquisition, or for any of the 
purposes set forth in sections 316, 2404, 2406, 8102, 8103, 8106, 8108, 
8109, 8110, 8122, and 8162 of title 38, United States Code, where the 
estimated cost of a project is equal to or less than the amount set 
forth in section 8104(a)(3)(A) of title 38, United States Code, 
$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.

[[Page 119 STAT. 2388]]

        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 ``Compensation 
and pensions'', ``Readjustment benefits'', and ``Veterans insurance and 
indemnities'' may be transferred as necessary to any other of the 
mentioned appropriations: Provided, That before a transfer may take 
place, the Secretary of Veterans Affairs shall request from the 
Committees on Appropriations of both Houses of Congress the authority to 
make the transfer and an approval is issued, or absent a response, a 
period of 30 days has elapsed.
    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 appropriations 
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 beneficiaries 
entitled under the laws bestowing such benefits to veterans, and persons 
receiving such treatment under sections 7901-7904 of title 5, United 
States Code or the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5121 et seq.)), unless reimbursement of cost 
is made to the ``Medical services'' account at such rates as may be 
fixed by the Secretary of Veterans Affairs.
    Sec. 205. Appropriations available in this title for ``Compensation 
and pensions'', ``Readjustment benefits'', and ``Veterans insurance and 
indemnities'' shall be available for payment of prior year accrued 
obligations required to be recorded by law against the corresponding 
prior year accounts within the last quarter of fiscal year 2005.
    Sec. 206. 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

[[Page 119 STAT. 2389]]

are from trust fund accounts they shall be payable from ``Compensation 
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 Veterans' Special Life 
Insurance Fund (38 U.S.C. 1923), and the United States Government Life 
Insurance Fund (38 U.S.C. 1955), reimburse the ``General operating 
expenses'' account for the cost of administration of the insurance 
programs financed through those accounts: Provided, That reimbursement 
shall be made only from the surplus earnings accumulated in an insurance 
program in fiscal year 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 
program 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 
        section 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 services 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 Complaint Adjudication: Provided, That 
payments may be made in advance for services to be furnished based on 
estimated costs: Provided further, That amounts received shall be 
credited to ``General operating expenses'' for use by the office that 
provided the service.
    Sec. 211. <<NOTE: Contracts. Reports. Deadline.>> No appropriations 
in this title shall be available to enter into any new lease of real 
property if the estimated annual rental is more than $300,000 unless the 
Secretary submits a report which the Committees on Appropriations of 
both Houses of Congress approve within 30 days following the date on 
which the report is received.

    Sec. 212. No funds of the Department of Veterans Affairs shall be 
available for hospital care, nursing home care, or medical services 
provided to any person under chapter 17 of title 38, United States Code, 
for a non-service-connected disability described in section 1729(a)(2) 
of such title, unless that person has disclosed to

[[Page 119 STAT. 2390]]

the Secretary of Veterans Affairs, in such form as the Secretary may 
require, current, accurate third-party reimbursement information for 
purposes of section 1729 of such title: Provided, That the Secretary may 
recover, in the same manner as any other debt due the United States, the 
reasonable charges for such care or services from any person who does 
not make such disclosure as required: Provided further, That any amounts 
so recovered for care or services provided in a prior fiscal year may be 
obligated by the Secretary during the fiscal year in which amounts are 
received.
    Sec. 213. Notwithstanding any other provision of law, at the 
discretion of the Secretary of Veterans Affairs, proceeds or revenues 
derived from enhanced-use leasing activities (including disposal) may be 
deposited into the ``Construction, major projects'' and ``Construction, 
minor projects'' accounts and be used for construction (including site 
acquisition and disposition), alterations and improvements of any 
medical facility under the jurisdiction or for the use of the Department 
of Veterans Affairs. Such sums as realized are in addition to the amount 
provided for in ``Construction, major projects'' and ``Construction, 
minor projects''.
    Sec. 214. Amounts made available under ``Medical services'' are 
available--
            (1) for furnishing recreational facilities, supplies, and 
        equipment; and
            (2) for funeral expenses, burial expenses, and other 
        expenses incidental to funerals and burials for beneficiaries 
        receiving care in the Department.


                      (including transfer of funds)


    Sec. 215. 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 Veterans 
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. <<NOTE: Alaska.>> 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

[[Page 119 STAT. 2391]]

medical facilities supported by the Indian Health Service or tribal 
organizations. The Secretary shall: (1) limit the application of this 
provision to rural Alaskan veterans in areas where an existing 
Department of Veterans Affairs facility or Veterans Affairs-contracted 
service is unavailable; (2) require participating veterans and 
facilities to comply with all appropriate rules and regulations, as 
established by the Secretary; (3) require this provision to be 
consistent with Capital Asset Realignment for Enhanced Services 
activities; and (4) result in no additional cost to the Department of 
Veterans Affairs or the Indian Health Service.


                      (including transfer of funds)


    Sec. 219. That such sums as may be deposited to the Department of 
Veterans Affairs Capital Asset Fund pursuant to section 8118 of title 
38, United States Code, may be transferred to the ``Construction, major 
projects'' and ``Construction, minor projects'' accounts, to remain 
available until expended for the purposes of these accounts.
    Sec. 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 Networks.
    Sec. 222. <<NOTE: Reports.>> 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 
                disability compensation payments for post traumatic 
                stress disorder based on a finding that the Department 
                of Veterans 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 
                disability compensation payments for post traumatic 
                stress disorder, based on a finding that the Department 
                of Veterans 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) <<NOTE: Reports.>> 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

[[Page 119 STAT. 2392]]

        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-deployment 
        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 
administration'', ``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 technology 
systems'' account may be transferred between projects: Provided, That no 
project may be increased or decreased by more than $1,000,000 of cost 
prior to submitting a request to the Committees on Appropriations of 
both Houses of Congress the authority to make the transfer and an 
approval is issued, or absent a response, a period of 30 days has 
elapsed.

[[Page 119 STAT. 2393]]

    Sec. 228. The Department of Veterans Affairs shall conduct an 
information campaign in States with an average annual disability 
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. <<NOTE: Termination date. 38 USC 2011 note.>> 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 monuments outside of the 
United States and its territories and possessions; 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 countries, 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

[[Page 119 STAT. 2394]]

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 addition, such sums as may be 
necessary for parking maintenance, repairs and replacement, to be 
derived from the Lease of Department of Defense Real Property for 
Defense Agencies account.

                      Armed Forces Retirement Home

    For expenses necessary for the Armed Forces Retirement Home to 
operate and maintain the Armed Forces Retirement Home--Washington, 
District of Columbia and the Armed Forces Retirement Home--Gulfport, 
Mississippi, to be paid from funds available in the Armed Forces 
Retirement Home Trust Fund, $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 publicity or 
propaganda purposes, and for the preparation, distribution or use of any 
kit, pamphlet, booklet, publication, radio, television or film 
presentation designed to support or defeat legislation pending before 
Congress, except in presentation to Congress itself.
    Sec. 405. All departments and agencies funded under this Act are 
encouraged, within the limits of the existing statutory

[[Page 119 STAT. 2395]]

authorities and funding, to expand their use of ``E-Commerce'' 
technologies and procedures in the conduct of their business practices 
and public service activities.
    Sec. 406. None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government except pursuant to a transfer made by, or transfer 
authority provided in, this Act or any other appropriations Act.
    Sec. 407. Unless stated otherwise, all reports and notifications 
required by this Act shall be submitted to the Subcommittee on Military 
Quality of Life and Veterans Affairs, and Related Agencies of the 
Committee on Appropriations of the House of Representatives and the 
Subcommittee on Military Construction and Veterans Affairs, and Related 
Agencies of the Committee on Appropriations of the Senate.
    Sec. 408. (a) Section 613 of the Science, State, Justice, Commerce, 
and Related Agencies Appropriations Act, 2006, <<NOTE: Ante, p. 
2336.>> is amended by striking ``the United States-China Economic and 
Security Review Commission'', and inserting ``a grant for the Trade 
Lawyers Advisory Group''.

    (b) <<NOTE: Effective date.>> 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.

LEGISLATIVE HISTORY--H.R. 2528:
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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.

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Military Quality of Life and Veterans Affairs Appropriations Act, 2006

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