[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2528 Referred in Senate (RFS)]

  1st Session
                                H. R. 2528


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 26, 2005

  Received; read twice and referred to the Committee on Appropriations

_______________________________________________________________________

                                 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 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

    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, $1,602,552,000, to remain 
available until September 30, 2010: Provided, That of this amount, not 
to exceed $168,804,000 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.
    In addition, $50,000,000, to remain available until September 30, 
2007, for overhead cover systems to support force protection activities 
in Iraq: Provided, That notwithstanding any other provision of law, 
such funds may be obligated or expended to carry out planning and 
design and military construction projects not otherwise authorized by 
law.

              Military Construction, Navy and Marine Corps

    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, $1,109,177,000, to remain available until September 30, 
2010: Provided, That of this amount, not to exceed $36,029,000 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.

                    Military Construction, Air Force

    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, $1,171,338,000, to remain available until September 30, 2010: 
Provided, That of this amount, not to exceed $91,733,000 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.

                  Military Construction, Defense-wide

                     (including transfer of funds)

    For acquisition, construction, installation, and equipment of 
temporary or permanent public works, installations, facilities, and 
real property for activities and agencies of the Department of Defense 
(other than the military departments), as currently authorized by law, 
$976,664,000, 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 to such appropriations of the 
Department of Defense available for military construction or family 
housing as the Secretary may designate, to be merged with and to be 
available for the same purposes, and for the same time period, as the 
appropriation or fund to which transferred: Provided further, That of 
the amount appropriated, not to exceed $107,285,000 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.

               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, $410,624,000, to remain available until September 
30, 2010.

               Military Construction, Air National Guard

    For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the Air 
National Guard, and contributions therefor, as authorized by chapter 
1803 of title 10, United States Code, and Military Construction 
Authorization Acts, $225,727,000, to remain available until September 
30, 2010.

                  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, $138,425,000, to 
remain available until September 30, 2010.

                  Military Construction, Naval Reserve

    For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the 
reserve components of the Navy and Marine Corps as authorized by 
chapter 1803 of title 10, United States Code, and Military Construction 
Authorization Acts, $45,226,000, to remain available until September 
30, 2010.

                Military Construction, Air Force Reserve

    For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the Air 
Force Reserve as authorized by chapter 1803 of title 10, United States 
Code, and Military Construction Authorization Acts, $110,847,000, to 
remain available until September 30, 2010.

                   North Atlantic Treaty Organization

                      Security Investment Program

    For the United States share of the cost of the North Atlantic 
Treaty Organization Security Investment Program for the acquisition and 
construction of military facilities and installations (including 
international military headquarters) and for related expenses for the 
collective defense of the North Atlantic Treaty Area as authorized by 
section 2806 of title 10, United States Code, and Military Construction 
Authorization Acts, $206,858,000, to remain available until expended.

                   Family Housing Construction, Army

    For expenses of family housing for the Army for construction, 
including acquisition, replacement, addition, expansion, extension, and 
alteration, as authorized by law, $549,636,000, to remain available 
until September 30, 2010.

             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.

    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

    For expenses of family housing for the Air Force for construction, 
including acquisition, replacement, addition, expansion, extension, and 
alteration, as authorized by law, $1,236,220,000, to remain available 
until September 30, 2010.

          Family Housing Operation and Maintenance, Air Force

    For expenses of family housing for the Air Force for operation and 
maintenance, including debt payment, leasing, minor construction, 
principal and interest charges, and insurance premiums, as authorized 
by law, $755,319,000.

         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.

               Base Realignment and 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), $377,827,000, to remain 
available until expended.

               Base Realignment and Closure Account 2005

    For deposit into the Department of Defense Base Realignment and 
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), 
$1,570,466,000, to remain available until expended.

                   Basic Allowance for Housing, Army

    For basic allowance for housing, for members of the Army on active 
duty, $3,945,392,000.

                   Basic Allowance for Housing, Navy

    For basic allowance for housing, for members of the Navy on active 
duty, $3,592,905,000.

               Basic Allowance for Housing, Marine Corps

    For basic allowance for housing, for members of the Marine Corps on 
active duty, $1,179,071,000.

                 Basic Allowance for Housing, Air Force

    For basic allowance for housing, for members of the Air Force on 
active duty, $3,240,113,000.

            Basic Allowance for Housing, Army National Guard

    For basic allowance for housing, for members of the Army National 
Guard on active duty, $453,690,000.

            Basic Allowance for Housing, Air National Guard

    For basic allowance for housing, for members of the Air National 
Guard on active duty, $248,317,000.

               Basic Allowance for Housing, Army Reserve

    For basic allowance for housing, for members of the Army Reserve on 
active duty, $310,566,000.

               Basic Allowance for Housing, Naval Reserve

    For basic allowance for housing, for members of the Naval Reserve 
on active duty, $191,338,000.

           Basic Allowance for Housing, Marine Corps Reserve

    For basic allowance for housing, for members of the Marine Corps 
Reserve on active duty, $40,609,000.

             Basic Allowance for Housing, Air Force Reserve

    For basic allowance for housing, for members of the Air Force 
Reserve on active duty, $71,286,000.

      Facilities Sustainment, Restoration and Modernization, Army

    For expenses for facilities sustainment, restoration and 
modernization of the Army, $1,850,518,000.

      Facilities Sustainment, Restoration and Modernization, Navy

    For expenses for facilities sustainment, restoration and 
modernization of the Navy, $1,344,971,000.

  Facilities Sustainment, Restoration and Modernization, Marine Corps

    For expenses for facilities sustainment, restoration and 
modernization of the Marine Corps, $553,960,000.

    Facilities Sustainment, Restoration and Modernization, Air Force

    For expenses for facilities sustainment, restoration and 
modernization of the Air Force, $1,845,701,000.

  Facilities Sustainment, Restoration and Modernization, Defense-wide

    For expenses for facilities sustainment, restoration and 
modernization of the Department of Defense, $115,400,000.

 Facilities Sustainment, Restoration and Modernization, Army National 
                                 Guard

    For expenses for facilities sustainment, restoration and 
modernization of the Army National Guard, $391,544,000.

  Facilities Sustainment, Restoration and Modernization, Air National 
                                 Guard

    For expenses for facilities sustainment, restoration and 
modernization of the Air National Guard, $184,791,000.

  Facilities Sustainment, Restoration and Modernization, Army Reserve

    For expenses for facilities sustainment, restoration and 
modernization of the Army Reserve, $204,370,000.

  Facilities Sustainment, Restoration and Modernization, Naval Reserve

    For expenses for facilities sustainment, restoration and 
modernization of the Naval Reserve, $67,788,000.

  Facilities Sustainment, Restoration and Modernization, Marine Corps 
                                Reserve

    For expenses for facilities sustainment, restoration and 
modernization of the Marine Corps Reserve, $10,105,000.

   Facilities Sustainment, Restoration and Modernization, Air Force 
                                Reserve

    For expenses for facilities sustainment, restoration and 
modernization of the Air Force Reserve, $55,764,000.

                    Environmental Restoration, Army

                     (including transfer of funds)

    For the Department of the Army, $407,865,000, to remain available 
until transferred: Provided, That the Secretary of the Army shall, upon 
determining that such funds are required for environmental restoration, 
reduction and recycling of hazardous waste, removal of unsafe buildings 
and debris of the Department of the Army, or for similar purposes, 
transfer the funds made available by this appropriation to other 
appropriations made available to the Department of the Army, to be 
merged with and to be available for the same purposes and for the same 
time period as the appropriations to which transferred: Provided 
further, That upon a determination that all or part of the funds 
transferred from this appropriation are not necessary for the purposes 
provided herein, such amounts may be transferred back to this 
appropriation.

                    Environmental Restoration, Navy

                     (including transfer of funds)

    For the Department of the Navy, $305,275,000, to remain available 
until transferred: Provided, That the Secretary of the Navy shall, upon 
determining that such funds are required for environmental restoration, 
reduction and recycling of hazardous waste, removal of unsafe buildings 
and debris of the Department of the Navy, or for similar purposes, 
transfer the funds made available by this appropriation to other 
appropriations made available to the Department of the Navy, to be 
merged with and to be available for the same purposes and for the same 
time period as the appropriations to which transferred: Provided 
further, That upon a determination that all or part of the funds 
transferred from this appropriation are not necessary for the purposes 
provided herein, such amounts may be transferred back to this 
appropriation.

                  Environmental Restoration, Air Force

                     (including transfer of funds)

    For the Department of the Air Force, $406,461,000, to remain 
available until transferred: Provided, That the Secretary of the Air 
Force shall, upon determining that such funds are required for 
environmental restoration, reduction and recycling of hazardous waste, 
removal of unsafe buildings and debris of the Department of the Air 
Force, or for similar purposes, transfer the funds made available by 
this appropriation to other appropriations made available to the 
Department of the Air Force, to be merged with and to be available for 
the same purposes and for the same time period as the appropriations to 
which transferred: Provided further, That upon a determination that all 
or part of the funds transferred from this appropriation are not 
necessary for the purposes provided herein, such amounts may be 
transferred back to this appropriation.

                Environmental Restoration, Defense-wide

                     (including transfer of funds)

    For the Department of Defense, $28,167,000, to remain available 
until transferred: Provided, That the Secretary of Defense shall, upon 
determining that such funds are required for environmental restoration, 
reduction and recycling of hazardous waste, removal of unsafe buildings 
and debris of the Department of Defense, or for similar purposes, 
transfer the funds made available by this appropriation to other 
appropriations made available to the Department of Defense, to be 
merged with and to be available for the same purposes and for the same 
time period as the appropriations to which transferred: Provided 
further, That upon a determination that all or part of the funds 
transferred from this appropriation are not necessary for the purposes 
provided herein, such amounts may be transferred back to this 
appropriation.

         Environmental Restoration, Formerly Used Defense Sites

                     (including transfer of funds)

    For the Department of the Army, $221,921,000, to remain available 
until transferred: Provided, That the Secretary of the Army shall, upon 
determining that such funds are required for environmental restoration, 
reduction and recycling of hazardous waste, removal of unsafe buildings 
and debris at sites formerly used by the Department of Defense, 
transfer the funds made available by this appropriation to other 
appropriations made available to the Department of the Army, to be 
merged with and to be available for the same purposes and for the same 
time period as the appropriations to which transferred: Provided 
further, That upon a determination that all or part of the funds 
transferred from this appropriation are not necessary for the purposes 
provided herein, such amounts may be transferred back to this 
appropriation.

                         Defense Health Program

    For expenses, not otherwise provided for, for medical and health 
care programs of the Department of Defense, as authorized by law, 
$19,983,912,000, of which $19,184,537,000 shall be for operation and 
maintenance, of which not to exceed 2 percent shall remain available 
until September 30, 2007, and of which up to $10,212,427,000 may be 
available for contracts entered into under the TRICARE program; of 
which $355,119,000, to remain available for obligation until September 
30, 2008, shall be for procurement; and of which $444,256,000, to 
remain available for obligation until September 30, 2007, shall be for 
research, development, test and evaluation: Provided, That 
notwithstanding any other provision of law, of the amount made 
available under this heading for research, development, test and 
evaluation, not less than $7,500,000 shall be available for HIV 
prevention educational activities undertaken in connection with U.S. 
military training, exercises, and humanitarian assistance activities 
conducted primarily in African nations.

                       Administrative Provisions

    Sec. 101. None of the funds made available in this title shall be 
expended for payments under a cost-plus-a-fixed-fee contract for 
construction, where cost estimates exceed $25,000, to be performed 
within the United States, except Alaska, without the specific approval 
in writing of the Secretary of Defense setting forth the reasons 
therefor.
    Sec. 102. Funds appropriated in this title for construction shall 
be available for hire of passenger motor vehicles.
    Sec. 103. Funds appropriated in this title for construction may be 
used for advances to the Federal Highway Administration, Department of 
Transportation, for the construction of access roads as authorized by 
section 210 of title 23, United States Code, when projects authorized 
therein are certified as important to the national defense by the 
Secretary of Defense.
    Sec. 104. None of the funds made available in this title may be 
used to begin construction of new bases in the United States for which 
specific appropriations have not been made.
    Sec. 105. None of the funds made available in this title shall be 
used for purchase of land or land easements in excess of 100 percent of 
the value as determined by the Army Corps of Engineers or the Naval 
Facilities Engineering Command, except: (1) where there is a 
determination of value by a Federal court; (2) purchases negotiated by 
the Attorney General or the designee of the Attorney General; (3) where 
the estimated value is less than $25,000; or (4) as otherwise 
determined by the Secretary of Defense to be in the public interest.
    Sec. 106. None of the funds made available in this title shall be 
used to: (1) acquire land; (2) provide for site preparation; or (3) 
install utilities for any family housing, except housing for which 
funds have been made available in annual Acts making appropriations for 
military construction.
    Sec. 107. None of the funds made available in this title for minor 
construction may be used to transfer or relocate any activity from one 
base or installation to another, without prior notification to the 
Committees on Appropriations of both Houses of Congress.
    Sec. 108. None of the funds made available in this title may be 
used for the procurement of steel for any construction project or 
activity for which American steel producers, fabricators, and 
manufacturers have been denied the opportunity to compete for such 
steel procurement.
    Sec. 109. None of the funds available to the Department of Defense 
for military construction or family housing during the current fiscal 
year may be used to pay real property taxes in any foreign nation.
    Sec. 110. None of the funds made available in this title may be 
used to initiate a new installation overseas without prior notification 
to the Committees on Appropriations of both Houses of Congress.
    Sec. 111. None of the funds made available in this title may be 
obligated for architect and engineer contracts estimated by the 
Government to exceed $500,000 for projects to be accomplished in Japan, 
in any NATO 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 possessions 
in the Pacific and on Kwajalein Atoll, or in countries bordering the 
Arabian Sea, may be used to award any contract estimated by the 
Government to exceed $1,000,000 to a foreign contractor: Provided, That 
this section shall not be applicable to contract awards for which the 
lowest responsive and responsible bid of a United States contractor 
exceeds the lowest responsive and responsible bid of a foreign 
contractor by greater than 20 percent: Provided further, That this 
section shall not apply to contract awards for military construction on 
Kwajalein Atoll for which the lowest responsive and responsible bid is 
submitted by a Marshallese contractor.
    Sec. 113. The Secretary of Defense is to inform the appropriate 
committees of both Houses of Congress, including the Committees on 
Appropriations, of the plans and scope of any proposed military 
exercise involving United States personnel 30 days prior to its 
occurring, if amounts expended for construction, either temporary or 
permanent, are anticipated to exceed $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 2 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 
appropriated 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 appropriated 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 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. 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. (a) Not later than 60 days before issuing any 
solicitation for a contract with the private sector for military family 
housing the Secretary of the military department concerned shall submit 
to the Committees on Appropriations of both Houses of Congress the 
notice described in subsection (b).
    (b)(1) A notice referred to in subsection (a) is a notice of any 
guarantee (including the making of mortgage or rental payments) 
proposed to be made by the Secretary to the private party under the 
contract involved in the event of--
            (A) the closure or realignment of the installation for 
        which housing is provided under the contract;
            (B) a reduction in force of units stationed at such 
        installation; or
            (C) the extended deployment overseas of units stationed at 
        such installation.
    (2) Each notice under this subsection shall specify the nature of 
the guarantee involved and assess the extent and likelihood, if any, of 
the liability of the Federal Government with respect to the guarantee.

                          (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. Notwithstanding this or any other provision of law, funds 
made available in this title for operation and maintenance of family 
housing shall be the exclusive source of funds for repair and 
maintenance of all family housing units, including general or flag 
officer quarters: Provided, That not more than $35,000 per unit may be 
spent annually for the maintenance and repair of any general or flag 
officer quarters without 30 days prior notification to the Committees 
on Appropriations of both Houses of Congress, except that an after-the-
fact notification shall be submitted if the limitation is exceeded 
solely due to costs associated with environmental remediation that 
could not be reasonably anticipated at the time of the budget 
submission: Provided further, That the Under Secretary of Defense 
(Comptroller) is to report annually to the Committees on Appropriations 
of both Houses of Congress all operation and maintenance expenditures 
for each individual general or flag officer quarters for the prior 
fiscal year.
    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. 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.

                          (transfer of funds)

    Sec. 128. During the 5-year period after appropriations available 
to the Department of Defense for military construction and family 
housing operation and maintenance and construction have expired for 
obligation, upon a determination that such appropriations will not be 
necessary for the liquidation of obligations or for making authorized 
adjustments to such appropriations for obligations incurred during the 
period of availability of such appropriations, unobligated balances of 
such appropriations may be transferred into the appropriation, 
``Foreign Currency Fluctuations, Construction, Defense,'' to be merged 
with and to be available for the same time period and for the same 
purposes as the appropriation to which transferred.
    Sec. 129. None of the funds appropriated in this title available 
for the Civilian Health and Medical Program of the Uniformed Services 
(CHAMPUS) or TRICARE shall be available for the reimbursement of any 
health care provider for inpatient mental health service for care 
received when a patient is referred to a provider of inpatient mental 
health care or residential treatment care by a medical or health care 
professional having an economic interest in the facility to which the 
patient is referred: Provided, That this limitation does not apply in 
the case of inpatient mental health services provided under the program 
for persons with disabilities under subsection (d) of section 1079 of 
title 10, United States Code, provided as partial hospital care, or 
provided pursuant to a waiver authorized by the Secretary of Defense 
because of medical or psychological circumstances of the patient that 
are confirmed by a health professional who is not a Federal employee 
after a review, pursuant to rules prescribed by the Secretary, which 
takes into account the appropriate level of care for the patient, the 
intensity of services required by the patient, and the availability of 
that care.
    Sec. 130. The Secretary of Defense, in coordination with the 
Secretary of Health and Human Services, may carry out a program to 
distribute surplus dental and medical equipment of the Department of 
Defense, at no cost to the Department of Defense, to Indian Health 
Service facilities and to federally-qualified health centers (within 
the meaning of section 1905(l)(2)(B) of the Social Security Act (42 
U.S.C. 1396d(l)(2)(B))).
    Sec. 131. None of the funds made available in this title may be 
used to carry out a military construction project, land acquisition, or 
family housing project for a military installation approved for closure 
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), and 
the Secretary of Defense may not transfer funds appropriated for such a 
military construction project, land acquisition, or family housing 
project to another account or use such funds for another purpose or 
project without the approval of the Committees on Appropriations of 
both Houses of Congress.
    Sec. 132. None of the funds in this title for operation, 
maintenance, or repair of housing for general officers and flag 
officers in the National Capital Region may be used until the 
Department of Defense submits the report required by section 2802(c) of 
the Military Construction Authorization Act for Fiscal Year 2005.

                                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, 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), $33,412,879,000, 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 services'' for necessary expenses in 
implementing the provisions of chapters 51, 53, and 55 of title 38, 
United States Code), the funding source for which is specifically 
provided as the ``Compensation and pensions'' appropriation: Provided 
further, That such sums as may be earned on an actual qualifying 
patient basis, shall be reimbursed to ``Medical facilities revolving 
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), $3,214,246,000, 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 38 U.S.C. chapter 19; 
70 Stat. 887; 72 Stat. 487, $45,907,000, to remain available until 
expended.

         Veterans Housing Benefit Program Fund Program Account

                     (including transfer of funds)

    For the cost of direct and guaranteed loans, such sums as may be 
necessary to carry out the program, as authorized by 38 U.S.C. chapter 
37: 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 2005, 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 these 
funds 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.

                     Veterans Health Administration

                            medical services

    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; $20,995,141,000, plus reimbursements, of which not less than 
$2,200,000,000 shall be expended for specialty mental health care: 
Provided, 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 
the purposes 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; information technology hardware and 
software; uniforms or allowances therefor, as authorized by sections 
5901-5902 of title 5, United States Code; administrative and legal 
expenses of the Department for collecting and recovering amounts owed 
the Department as authorized under chapter 17 of title 38, United 
States Code, and the Federal Medical Care Recovery Act (42 U.S.C. 2651 
et seq.); $4,134,874,000, 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, $393,000,000, plus reimbursements.

                      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, $1,411,827,000: 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 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 
$1,086,938,000: 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.

                    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, 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 
Services (CARES) activities; and of which $8,091,000 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 the House of 
Representatives and Senate any approved major construction project in 
which obligations are not incurred within the time limitations 
established above.

                      Construction, Minor Projects

    For constructing, altering, extending, and improving any of the 
facilities including parking projects under the jurisdiction or for the 
use of the Department of Veterans Affairs, including planning and 
assessments of needs which may lead to capital investments, 
architectural and engineering services, maintenance or guarantee period 
services costs associated with equipment guarantees provided under the 
project, services of claims analysts, offsite utility and storm 
drainage system construction costs, and site acquisition, or for any of 
the purposes set forth in sections 316, 2404, 2406, 8102, 8103, 8106, 
8108, 8109, 8110, 8122, and 8162 of title 38, United States Code, where 
the estimated cost of a project is equal to or less than the amount set 
forth in section 8104(a)(3)(A) of title 38, United States Code, 
$208,937,000, 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 $160,000,000 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.

       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, $25,000,000, 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 to any other of the mentioned 
appropriations.
    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 such title.
    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 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. Notwithstanding any other provision of law, the 
Department of Veterans Affairs shall continue the Franchise Fund pilot 
program authorized to be established by section 403 of Public Law 103-
356 until October 1, 2006: Provided, That the Franchise Fund, 
established by title I of Public Law 104-204 to finance the operations 
of the Franchise Fund pilot program, shall continue until October 1, 
2006.
    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. 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 the Congress approve within 
30 days following the date on which the report is received.
    Sec. 212. No funds of the Department of Veterans Affairs shall be 
available for hospital care, nursing home care, or medical services 
provided to any person under chapter 17 of title 38, United States 
Code, for a non-service-connected disability described in section 
1729(a)(2) of such title, unless that person has disclosed to the 
Secretary of Veterans Affairs, in such form as the Secretary may 
require, current, accurate third-party reimbursement information for 
purposes of section 1729 of such title: Provided, That the Secretary 
may recover, in the same manner as any other debt due the United 
States, the reasonable charges for such care or services from any 
person who does not make such disclosure as required: Provided further, 
That any amounts so recovered for care or services provided in a prior 
fiscal year may be obligated by the Secretary during the fiscal year in 
which amounts are received.
    Sec. 213. None of the funds made available to the Department of 
Veterans Affairs in this Act, or any other Act, may be used to 
implement sections 2 and 5 of Public Law 107-287 and section 303 of 
Public Law 108-422.
    Sec. 214. 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. 215. 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.
    Sec. 216. 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.
    Sec. 217. Amounts made available for fiscal year 2006 under the 
``Medical services'', ``Medical administration'', and ``Medical 
facilities'' accounts may be transferred between the accounts to the 
extent necessary to implement the restructuring of the Veterans Health 
Administration accounts after notice of the amount and purpose of the 
transfer is provided to the Committees on Appropriations of the Senate 
and House of Representatives and a period of 30 days has elapsed: 
Provided, That the limitation on transfers is 20 percent in fiscal year 
2006.
    Sec. 218. 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 budget 
year.
    Sec. 219. Notwithstanding any other provision of law, the Secretary 
of Veterans Affairs (Secretary) shall allow veterans eligible under 
existing VA Medical Care requirements and who reside in Alaska to 
obtain medical care services from medical facilities supported by the 
Indian Health Services or tribal organizations. The Secretary shall: 
(1) limit the application of this provision to rural Alaskan veterans 
in areas where an existing VA facility or VA-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 CARES; 
and (4) result in no additional cost to the Department of Veterans 
Affairs or the Indian Health Service.
    Sec. 220. 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. 221. None of the funds available to the Department of Veterans 
Affairs in this Act, or any other Act, may be used by the Department of 
Veterans Affairs to implement a national standardized contract for 
diabetes monitoring systems.

                               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, 
$35,750,000, 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, $18,295,000, of which $1,260,000 shall be 
available for the purpose of providing financial assistance as 
described, and in accordance with the process and 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, $29,550,000, to 
remain available until expended. In addition, such sums as may be 
necessary for parking maintenance, repairs and replacement, to be 
derived from the Lease of Department of Defense Real Property for 
Defense Agencies account.

                      Armed Forces Retirement Home

    For expenses necessary for the Armed Forces Retirement Home to 
operate and maintain the Armed Forces Retirement Home--Washington and 
the Armed Forces Retirement Home--Gulfport, 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 and the Armed Forces Retirement Home--
Gulfport.

                                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. None of the funds provided in this Act may be used, 
directly or through grants, to pay or to provide reimbursement for 
payment of the salary of a consultant (whether retained by the Federal 
Government or a grantee) at more than the daily equivalent of the rate 
paid for level IV of the Executive Schedule, unless specifically 
authorized by law.
    Sec. 403. 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. 404. 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. 405. 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. 406. All departments and agencies funded under this Act are 
encouraged, within the limits of the existing statutory authorities and 
funding, to expand their use of ``E-Commerce'' technologies and 
procedures in the conduct of their business practices and public 
service activities.
    Sec. 407. 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. 408. 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. 409. None of the funds made available by this Act may be used 
to close or realign any military installation approved for closure or 
realignment in 2005 before the Secretary of Defense makes the 
information available upon which the Secretary's closure and 
realignment recommendations were based, as required by section 
2903(c)(4) of the Defense Base Closure and Realignment Act of 1990 
(title XXIX of Public Law 101-510; 10 U.S.C. 2687 note).
    This Act may be cited as the ``Military Quality of Life and 
Veterans Affairs Appropriations Act, 2006''.

            Passed the House of Representatives May 26, 2005.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.