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


                                                       Calendar No. 169
109th CONGRESS
  1st Session
                                H.R. 2528

                          [Report No. 109-105]


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 26, 2005

  Received; read twice and referred to the Committee on Appropriations

                             July 21, 2005

 Reported by Mrs. Hutchison, with an amendment and an amendment to the 
                                 title
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,
<DELETED>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:</DELETED>

                       <DELETED>TITLE I</DELETED>

                <DELETED>DEPARTMENT OF DEFENSE</DELETED>

             <DELETED>Military Construction, Army</DELETED>

<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>

    <DELETED>Military Construction, Navy and Marine Corps</DELETED>

<DELETED>    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.</DELETED>

          <DELETED>Military Construction, Air Force</DELETED>

<DELETED>    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.</DELETED>

         <DELETED>Military Construction, Defense-wide</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    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.</DELETED>

     <DELETED>Military Construction, Army National Guard</DELETED>

<DELETED>    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.</DELETED>

      <DELETED>Military Construction, Air National Guard</DELETED>

<DELETED>    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.</DELETED>

         <DELETED>Military Construction, Army Reserve</DELETED>

<DELETED>    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.</DELETED>

        <DELETED>Military Construction, Naval Reserve</DELETED>

<DELETED>    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.</DELETED>

      <DELETED>Military Construction, Air Force Reserve</DELETED>

<DELETED>    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.</DELETED>

         <DELETED>North Atlantic Treaty Organization</DELETED>

             <DELETED>Security Investment Program</DELETED>

<DELETED>    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.</DELETED>

          <DELETED>Family Housing Construction, Army</DELETED>

<DELETED>    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.</DELETED>

   <DELETED>Family Housing Operation and Maintenance, Army</DELETED>

<DELETED>    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.</DELETED>

 <DELETED>Family Housing Construction, Navy and Marine Corps</DELETED>

<DELETED>    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.</DELETED>

  <DELETED>Family Housing Operation and Maintenance, Navy and Marine 
                            Corps</DELETED>

<DELETED>    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.</DELETED>

       <DELETED>Family Housing Construction, Air Force</DELETED>

<DELETED>    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.</DELETED>

 <DELETED>Family Housing Operation and Maintenance, Air Force</DELETED>

<DELETED>    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.</DELETED>

      <DELETED>Family Housing Operation and Maintenance, Defense-
                             wide</DELETED>

<DELETED>    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.</DELETED>

       <DELETED>Department of Defense Family Housing Improvement 
                             Fund</DELETED>

<DELETED>    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.</DELETED>

      <DELETED>Base Realignment and Closure Account 1990</DELETED>

<DELETED>    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.</DELETED>

      <DELETED>Base Realignment and Closure Account 2005</DELETED>

<DELETED>    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.</DELETED>

          <DELETED>Basic Allowance for Housing, Army</DELETED>

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

          <DELETED>Basic Allowance for Housing, Navy</DELETED>

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

      <DELETED>Basic Allowance for Housing, Marine Corps</DELETED>

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

       <DELETED>Basic Allowance for Housing, Air Force</DELETED>

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

  <DELETED>Basic Allowance for Housing, Army National Guard</DELETED>

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

   <DELETED>Basic Allowance for Housing, Air National Guard</DELETED>

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

      <DELETED>Basic Allowance for Housing, Army Reserve</DELETED>

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

     <DELETED>Basic Allowance for Housing, Naval Reserve</DELETED>

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

  <DELETED>Basic Allowance for Housing, Marine Corps Reserve</DELETED>

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

   <DELETED>Basic Allowance for Housing, Air Force Reserve</DELETED>

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

    <DELETED>Facilities Sustainment, Restoration and Modernization, 
                             Army</DELETED>

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

    <DELETED>Facilities Sustainment, Restoration and Modernization, 
                             Navy</DELETED>

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

<DELETED>Facilities Sustainment, Restoration and Modernization, Marine 
                            Corps</DELETED>

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

  <DELETED>Facilities Sustainment, Restoration and Modernization, Air 
                            Force</DELETED>

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

    <DELETED>Facilities Sustainment, Restoration and Modernization, 
                         Defense-wide</DELETED>

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

 <DELETED>Facilities Sustainment, Restoration and Modernization, Army 
                        National Guard</DELETED>

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

  <DELETED>Facilities Sustainment, Restoration and Modernization, Air 
                        National Guard</DELETED>

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

 <DELETED>Facilities Sustainment, Restoration and Modernization, Army 
                           Reserve</DELETED>

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

 <DELETED>Facilities Sustainment, Restoration and Modernization, Naval 
                           Reserve</DELETED>

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

<DELETED>Facilities Sustainment, Restoration and Modernization, Marine 
                        Corps Reserve</DELETED>

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

  <DELETED>Facilities Sustainment, Restoration and Modernization, Air 
                        Force Reserve</DELETED>

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

           <DELETED>Environmental Restoration, Army</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    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.</DELETED>

           <DELETED>Environmental Restoration, Navy</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    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.</DELETED>

        <DELETED>Environmental Restoration, Air Force</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    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.</DELETED>

       <DELETED>Environmental Restoration, Defense-wide</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    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.</DELETED>

       <DELETED>Environmental Restoration, Formerly Used Defense 
                            Sites</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    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.</DELETED>

               <DELETED>Defense Health Program</DELETED>

<DELETED>    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.</DELETED>

              <DELETED>Administrative Provisions</DELETED>

<DELETED>    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.</DELETED>
<DELETED>    Sec. 102. Funds appropriated in this title for 
construction shall be available for hire of passenger motor 
vehicles.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>

                 <DELETED>(transfer of funds)</DELETED>

<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>     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.</DELETED>

                 <DELETED>(transfer of funds)</DELETED>

<DELETED>    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.</DELETED>

                 <DELETED>(transfer of funds)</DELETED>

<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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).</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (A) the closure or realignment of the installation 
        for which housing is provided under the contract;</DELETED>
        <DELETED>    (B) a reduction in force of units stationed at 
        such installation; or</DELETED>
        <DELETED>    (C) the extended deployment overseas of units 
        stationed at such installation.</DELETED>
<DELETED>    (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.</DELETED>

                 <DELETED>(transfer of funds)</DELETED>

<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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).</DELETED>
<DELETED>    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.</DELETED>

                 <DELETED>(transfer of funds)</DELETED>

<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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))).</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>

                      <DELETED>TITLE II</DELETED>

           <DELETED>DEPARTMENT OF VETERANS AFFAIRS</DELETED>

          <DELETED>Veterans Benefits Administration</DELETED>

              <DELETED>compensation and pensions</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    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.</DELETED>

                <DELETED>Readjustment Benefits</DELETED>

<DELETED>    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.</DELETED>

         <DELETED>Veterans Insurance and Indemnities</DELETED>

<DELETED>    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.</DELETED>

        <DELETED>Veterans Housing Benefit Program Fund Program 
                           Account</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    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.</DELETED>
<DELETED>    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''.</DELETED>

   <DELETED>Vocational Rehabilitation Loans Program Account</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    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.</DELETED>
<DELETED>    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''.</DELETED>

<DELETED>Native American Veteran Housing Loan Program Account</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    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.</DELETED>

 <DELETED>Guaranteed Transitional Housing Loans for Homeless Veterans 
                       Program Account</DELETED>

<DELETED>    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.</DELETED>

           <DELETED>Veterans Health Administration</DELETED>

                  <DELETED>medical services</DELETED>

<DELETED>    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.</DELETED>

               <DELETED>medical administration</DELETED>

<DELETED>    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.</DELETED>

                 <DELETED>medical facilities</DELETED>

<DELETED>    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.</DELETED>

           <DELETED>medical and prosthetic research</DELETED>

<DELETED>    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.</DELETED>

             <DELETED>Departmental Administration</DELETED>

             <DELETED>general operating expenses</DELETED>

<DELETED>    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.</DELETED>

          <DELETED>national cemetery administration</DELETED>

<DELETED>    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.</DELETED>

             <DELETED>office of inspector general</DELETED>

<DELETED>    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.</DELETED>

            <DELETED>Construction, Major Projects</DELETED>

<DELETED>    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.</DELETED>

            <DELETED>Construction, Minor Projects</DELETED>

<DELETED>    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.</DELETED>

        <DELETED>GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE 
                          FACILITIES</DELETED>

<DELETED>    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.</DELETED>

        <DELETED>GRANTS FOR THE CONSTRUCTION OF STATE VETERANS 
                          CEMETERIES</DELETED>

<DELETED>    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.</DELETED>

              <DELETED>Administrative Provisions</DELETED>

            <DELETED>(including transfer of funds)</DELETED>

<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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''.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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''.</DELETED>
<DELETED>    Sec. 215. Amounts made available under ``Medical 
services'' are available--</DELETED>
        <DELETED>    (1) for furnishing recreational facilities, 
        supplies, and equipment; and</DELETED>
        <DELETED>    (2) for funeral expenses, burial expenses, and 
        other expenses incidental to funerals and burials for 
        beneficiaries receiving care in the Department.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>

                      <DELETED>TITLE III</DELETED>

                  <DELETED>RELATED AGENCIES</DELETED>

        <DELETED>American Battle Monuments Commission</DELETED>

                <DELETED>salaries and expenses</DELETED>

<DELETED>    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.</DELETED>

        <DELETED>foreign currency fluctuations account</DELETED>

<DELETED>    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.</DELETED>

 <DELETED>United States Court of Appeals for Veterans Claims</DELETED>

                <DELETED>salaries and expenses</DELETED>

<DELETED>    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.</DELETED>

            <DELETED>Department of Defense--Civil</DELETED>

              <DELETED>Cemeterial Expenses, Army</DELETED>

                <DELETED>salaries and expenses</DELETED>

<DELETED>    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.</DELETED>

            <DELETED>Armed Forces Retirement Home</DELETED>

<DELETED>    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.</DELETED>

                      <DELETED>TITLE IV</DELETED>

                 <DELETED>GENERAL PROVISIONS</DELETED>

<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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.</DELETED>
<DELETED>    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).</DELETED>
<DELETED>    This Act may be cited as the ``Military Quality of Life 
and Veterans Affairs Appropriations Act, 2006''.</DELETED>
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--MILITARY CONSTRUCTION

                      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, $1,640,641,000, to remain 
available until September 30, 2010: Provided, That of this amount, not 
to exceed $191,393,000 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.

              Military Construction, Navy and Marine Corps

                    (including rescission 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, $1,045,882,000, to remain available until September 30, 
2010: Provided, That of this amount, not to exceed $32,524,000 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'' under Public Law 108-324, $92,354,000 are hereby rescinded.

                    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, $1,209,128,000, to remain available until September 30, 2010: 
Provided, That of this amount, not to exceed $103,347,000 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, 
$1,072,165,000, 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 $133,120,000 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, $467,146,000, 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, $279,156,000, 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, $136,077,000, 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, $46,676,000, 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, $89,260,000, 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, $812,993,000.

           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, $593,660,000.

                 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, $1,142,622,000, 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, $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. section 2687 note), $377,827,000, 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. section 2687 note), 
$1,504,466,000, to remain available until expended: Provided, That 
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.

                           GENERAL 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 made available in this title shall be available for 
hire of passenger motor vehicles.
    Sec. 103. Funds made available in this title 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 military construction 
appropriations Acts.
    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 made available in this title 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 North Atlantic Treaty Organization member country, or in 
countries bordering the Arabian Sea, unless such contracts are awarded 
to United States firms or United States firms in joint venture with 
host nation firms.
    Sec. 112. None of the funds made available in this title for 
military construction in the United States territories and 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 shall inform the appropriate 
committees of both Houses of Congress, including the Committees on 
Appropriations, of the plans and scope of any proposed military 
exercise involving United States personnel 30 days prior to its 
occurring, if amounts expended for construction, either temporary or 
permanent, are anticipated to exceed $100,000.
    Sec. 114. Not more than 20 percent of the funds made available in 
this title which are limited for obligation during the current fiscal 
year shall be obligated during the last two months of the fiscal year.

                          (transfer of funds)

    Sec. 115. Funds appropriated to the Department of Defense for 
construction in prior years shall be available for construction 
authorized for each such military department by the authorizations 
enacted into law during the current session of Congress.
    Sec. 116. For military construction or family housing projects that 
are being completed with funds otherwise expired or lapsed for 
obligation, expired or lapsed funds may be used to pay the cost of 
associated supervision, inspection, overhead, engineering and design on 
those projects and on subsequent claims, if any.
    Sec. 117. Notwithstanding any other provision of law, any funds 
made available to a military department or defense agency for the 
construction of military projects may be obligated for a military 
construction project or contract, or for any portion of such a project 
or contract, at any time before the end of the fourth fiscal year after 
the fiscal year for which funds for such project were made available if 
the funds obligated for such project: (1) are obligated from funds 
available for military construction projects; and (2) do not exceed the 
amount appropriated for such project, plus any amount by which the cost 
of such project is increased pursuant to law.
    Sec. 118. The Secretary of Defense shall 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 
(Public Law 100-526) 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. section 
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, 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. section 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 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. 126. 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. 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.
    Sec. 128. None of the funds made available in this title, or in any 
Act making appropriations for military construction which remain 
available for obligation, may be obligated or expended to carry out a 
military construction, land acquisition, or family housing project at 
or for a military installation approved for closure, or at a military 
installation for the purposes of supporting a function that has been 
approved for realignment to another installation, in 2005 under the 
Defense Base Closure and Realignment Act of 1990 (part A of title XXIX 
of Public Law 101-510; 10 U.S.C. section 2687 note), 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 in the case of projects having 
multi-agency use, that another Government agency has indicated it will 
assume ownership of the completed project, and the Secretary of Defense 
may not transfer funds made available 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 prior 
approval of the Committees on Appropriations of both Houses of 
Congress.
    Sec. 129. Unless stated otherwise, all reports and notifications 
required by this title 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.

                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 article IV of the Soldiers' 
and Sailors' Civil Relief Act of 1940 (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; 50 U.S.C. App. 540-548; 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 administration'' for 
necessary expenses in implementing those provisions authorized in the 
Omnibus Budget Reconciliation Act of 1990, and in the Veterans' 
Benefits Act of 1992 (38 U.S.C. chapters 51, 53, and 55), 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), $3,214,246,000, 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 title 38, United 
States Code, 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 title 38, United 
States Code, 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 2006, within the resources available, not to exceed $500,000 in 
gross obligations for direct loans are authorized for specially adapted 
housing loans.
    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 title 38, 
United States Code, chapter 31: 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 title 38, United States Code, chapter 37, subchapter V, 
$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 title 38, United States 
Code, chapter 37, subchapter VI, 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

                     (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 paragraphs (1) 
through (8) of section 1705(a) of title 38, United States Code, 
including care and treatment in facilities not under the jurisdiction 
of the Department of Veterans Affairs and including medical supplies 
and equipment and salaries and expenses of healthcare employees hired 
under title 38, United States Code, and aid to State homes as 
authorized by section 1741 of title 38, United States Code; 
$23,308,011,000, plus reimbursements, of which $1,977,000,000 are 
designated as an emergency requirement pursuant to section 402 of House 
Concurrent Resolution 95 (109th Congress), the fiscal year 2006 budget 
resolution: Provided further, That of the emergency funds provided 
under this heading, the Department of Veterans Affairs shall submit for 
approval by the Committees on Appropriations of both Houses of 
Congress, a financial plan outlining how the emergency funds will be 
obligated: Provided further, That the Department of Veterans Affairs 
shall include these emergency funds in their base request for the 
fiscal year 2007 budget submission: Provided further, That of the funds 
made available under this heading, not to exceed $1,500,000,000 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/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 title 38, 
United States Code, section 8111.

                         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 therefore, as 
authorized by sections 5901-5902 of title 5, United States Code; and 
administrative and legal expenses of the Department of Veterans Affairs 
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.); $2,858,442,000, 
plus reimbursements, of which $250,000,000 shall be available until 
September 30, 2007.

                         information technology

    For necessary expenses, $1,456,821,000 shall be available for the 
Department of Veterans Affairs Information Technology program: 
Provided, That within 90 days of enactment of this Act, the Secretary 
of Veterans Affairs shall establish an office for Information 
Technology (IT) with the authority and responsibility for all IT 
projects: Provided further, That this office shall report directly to 
the Deputy Secretary of Veterans Affairs: Provided further, That this 
new organizational structure shall be subject to approval of the 
Committees on Appropriations in both Houses of Congress: Provided 
further, That within this amount, no more than $100,000,000 from all 
sources shall be available for the HealtheVet project for fiscal year 
2006: Provided further, That none of the funds made available for the 
HealtheVet project may be obligated until such time that the Department 
of Veterans Affairs creates a single position with the responsibility 
for and the authority to manage the entire project, including budgetary 
authority: Provided further, That none of the funds made available for 
the HealtheVet project may be obligated until the Committees on 
Appropriations in both Houses of Congress approve a financial 
expenditure plan for the entire project.

                           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 of Veterans Affairs; 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 of Veterans Affairs, 
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 therefore; 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, $1,418,827,000: Provided, That expenses for 
services and assistance authorized under title 38, United States Code, 
sections 3104(a)(1), (2), (5), and (11) 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 
$1,093,937,500: Provided further, That of the funds made available 
under this heading, not to exceed $71,000,000 shall be available for 
obligation until September 30, 2007.

                    national cemetery administration

    For necessary expenses of the National Cemetery Administration for 
operations and maintenance, not otherwise provided for, including 
uniforms or allowances therefore; 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 title 
38, United States Code, section 8104(a)(3)(A) 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 $539,800,000 
shall be for Capital Asset Realignment for Enhanced Services (CARES) 
activities; and of which $2,500,000 shall be to make reimbursements as 
provided in title 41, United States Code, section 612 for claims paid 
for contract disputes: Provided, That except for advance planning 
activities, including needs assessments which may or may not lead to 
capital investments, and other capital asset management related 
activities, such as portfolio development and management activities, 
and investment strategy studies funded through the advance planning 
fund and the planning and design activities funded through the design 
fund and CARES funds, including needs assessments which may or may not 
lead to capital investments, none of the funds appropriated under this 
heading shall be used for any project which has not been approved by 
the Congress in the budgetary process: Provided further, That funds 
provided in this appropriation for fiscal year 2006, for each approved 
project (except those for CARES activities referenced above) shall be 
obligated: (1) by the awarding of a construction documents contract by 
September 30, 2006; and (2) by the awarding of a construction contract 
by September 30, 2007: Provided further, That the Secretary of Veterans 
Affairs shall promptly report in writing to the Committees on 
Appropriations of both Houses of Congress any approved major 
construction project in which obligations are not incurred within the 
time limitations established above: Provided further, That none of the 
funds in this or any other Act may be used to modify or alter the 
mission, services or infrastructure 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.

                      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 title 38, United States Code, section 8104(a)(3)(A), 
$208,937,000, to remain available until expended, along with 
unobligated balances of previous ``Construction, minor projects'' 
appropriations, of which $160,000,000 shall be for Capital Asset 
Realignment for Enhanced Services (CARES) activities: Provided, That 
from amounts appropriated under this heading, additional amounts may be 
used for CARES activities upon notification of and approval by the 
Committees on Appropriations of both Houses of Congress: Provided 
further, 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 of Veterans Affairs 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; and for furnishing care to veterans as authorized by title 38, 
United States Code, sections 8131-8137, $104,322,000, 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 title 38, United States 
Code, section 2408, $32,000,000, to remain available until expended.

                           General Provisions

                     (including transfer of funds)

    Sec. 201. Any appropriation for the Veterans Benefits 
Administration 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.

                     (including transfer of funds)

    Sec. 202. Amounts made available for the Veterans Health 
Administration for fiscal year 2006 under the ``Medical services'', 
``Medical administration'', ``Information technology'', and ``Medical 
facilities'' accounts may be transferred between the mentioned 
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, or absent a response, a period of 
30 days has elapsed: Provided further, That no transfer may be made out 
of the ``Medical and Prosthetic Research'' account.
    Sec. 203. The Secretary of Veterans Affairs shall submit to the 
Committees on Appropriations in both Houses of Congress a quarterly 
report on the financial status of the Veterans Health Administration. 
This report shall contain, at a minimum, both planned and actual 
expenditure rates, unobligated balances, and any potential financial 
shortfalls.
    Sec. 204. No project for which funds have been appropriated in the 
``Construction, major projects'' account may be canceled or altered in 
scope by more than 10 percent in cost without submitting a request to 
the Committees on Appropriations of both Houses of Congress and an 
approval is issued, or absent a response, a period of 30 days has 
elapsed.
    Sec. 205. No appropriations in this Act for the Department of 
Veterans Affairs 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 5 
U.S.C., sections 7901-7904 or 42 U.S.C., sections 5141-5204), unless 
reimbursement of cost is made to the ``Medical services'' account at 
such rates as may be fixed by the Secretary of Veterans Affairs.
    Sec. 206. Appropriations available to the Department of Veterans 
Affairs for fiscal year 2006 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. 207. Appropriations accounts available to the Department of 
Veterans Affairs for fiscal year 2006 shall be available to pay prior 
year obligations of corresponding prior year appropriations accounts 
resulting from title X of the Competitive Equality Banking Act, Public 
Law 100-86, except that if such obligations are from trust fund 
accounts they shall be payable from ``Compensation and pensions''.
    Sec. 208. Notwithstanding any other provision of law, during fiscal 
year 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 of Veterans Affairs 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. 209. Notwithstanding any other provision of law and hereafter, 
the Department of Veterans Affairs shall continue the Franchise Fund 
established by title I of Public Law 104-204.
    Sec. 210. 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. 211. Funds available in any Department of Veterans Affairs 
appropriation for fiscal year 2006 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. 212. No appropriations in this Act for the Department of 
Veterans Affairs 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 of Veterans Affairs submits a report which the Committees 
on Appropriations in both Houses of Congress approve within 30 days 
following the date on which the report is received.
    Sec. 213. 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. 214. Amounts made available under the ``Medical services'' 
account 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. 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. 216. 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 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 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. 217. Such sums as may be deposited to the Department of 
Veterans Affairs Capital Asset Fund pursuant to title 38, United States 
Code, section 8118 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. 218. 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. 219. None of the funds made available in this Act may be used 
to implement any policy prohibiting the Directors of the Veterans 
Integrated Service Networks from conducting outreach or marketing to 
enroll new veterans within their respective Networks.

                     (including transfer of funds)

    Sec. 220. 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 the ``Medical services'' account, to remain 
available until expended for the purposes of this account.
    Sec. 221. Appropriations available to the Department of Veterans 
Affairs for fiscal year 2006 for salaries and expenses shall be 
available for services authorized by title 5, United States Code, 
section 3109; hire of passenger motor vehicles; lease of a facility or 
land or both; and uniforms or allowances therefor, as authorized by 
title 5, United States Code, sections 5901-5902.

                      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

    For necessary expenses, not otherwise provided for, of the American 
Battle Monumnets Commission, $15,250,000, to remain available until 
expended, for purposes authorized by title 36, United States Code, 
section 2109.

           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 title 38, United States 
Code, sections 7251-7298, $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 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, $28,550,000, 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

                      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.
    This Act may be cited as the ``Military Construction and Veterans 
Affairs, and Related Agencies Appropriations Act, 2006''.
            Amend the title so as to read: ``An Act making 
        appropriations for Military Construction and Veterans Affairs, 
        and Related Agencies for the fiscal year ending September 30, 
        2006, and for other purposes.''.


                                                       Calendar No. 169

109th CONGRESS

  1st Session

                               H.R. 2528

                          [Report No. 109-105]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                              May 26, 2005

  Received; read twice and referred to the Committee on Appropriations

                             July 21, 2005

        Reported with an amendment and an amendment to the title