[109th Congress Public Law 114]
[From the U.S. Government Printing Office]
[DOCID: f:publ114.109]
[[Page 2371]]
MILITARY QUALITY OF LIFE AND VETERANS AFFAIRS APPROPRIATIONS ACT, 2006
[[Page 119 STAT. 2372]]
Public Law 109-114
109th Congress
An Act
Making appropriations for military quality of life functions of the
Department of Defense, military construction, the Department of Veterans
Affairs, and related agencies for the fiscal year ending September 30,
2006, and for other purposes. <<NOTE: Nov. 30, 2005 - [H.R. 2528]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Military Quality
of Life and Veterans Affairs Appropriations Act, 2006.>> That the
following sums are appropriated, out of any money in the Treasury not
otherwise appropriated for military quality of life functions of the
Department of Defense, military construction, the Department of Veterans
Affairs, and related agencies, for the fiscal year ending September 30,
2006, and for other purposes, namely:
TITLE I
DEPARTMENT OF DEFENSE
Military Construction, Army
(including rescissions of funds)
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations, facilities,
and real property for the Army as currently authorized by law, including
personnel in the Army Corps of Engineers and other personal services
necessary for the purposes of this appropriation, and for construction
and operation of facilities in support of the functions of the Commander
in Chief, $1,775,260,000, to remain available until September 30, 2010:
Provided, That of this amount, not to exceed $170,021,000 shall be
available for study, planning, design, architect and engineer services,
and host nation support, as authorized by law, unless the Secretary of
Defense determines that additional obligations are necessary for such
purposes and notifies the Committees on Appropriations of both Houses of
Congress of the determination and the reasons therefor: Provided
further, That of the funds provided, $50,000,000, to remain available
until September 30, 2007, shall be for overhead cover systems to support
force protection activities in Iraq: Provided further, That of the funds
appropriated for ``Military Construction, Army'' under Public Law 107-
249, $3,046,000 are hereby rescinded: Provided further, That of the
funds appropriated for ``Military Construction, Army'' under Public Law
108-324, $16,700,000 are hereby rescinded.
[[Page 119 STAT. 2373]]
Military Construction, Navy and Marine Corps
(including rescissions of funds)
For acquisition, construction, installation, and equipment of
temporary or permanent public works, naval installations, facilities,
and real property for the Navy and Marine Corps as currently authorized
by law, including personnel in the Naval Facilities Engineering Command
and other personal services necessary for the purposes of this
appropriation, $1,157,141,000, to remain available until September 30,
2010: <<NOTE: Notification.>> Provided, That of this amount, not to
exceed $34,893,000 shall be available for study, planning, design, and
architect and engineer services, as authorized by law, unless the
Secretary of Defense determines that additional obligations are
necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the determination and the
reasons therefor: Provided further, That of the funds appropriated for
``Military Construction, Navy and Marine Corps'' under Public Law 108-
132, $5,767,000 are hereby rescinded: Provided further, That of the
funds appropriated for ``Military Construction, Navy and Marine Corps''
under Public Law 108-324, $44,270,000 are hereby rescinded.
Military Construction, Air Force
(including rescissions of funds)
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations, facilities,
and real property for the Air Force as currently authorized by law,
$1,288,530,000, to remain available until September 30, 2010:
Provided, <<NOTE: Notification.>> That of this amount, not to exceed
$95,537,000 shall be available for study, planning, design, and
architect and engineer services, as authorized by law, unless the
Secretary of Defense determines that additional obligations are
necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the determination and the
reasons therefor: Provided further, That of the funds appropriated for
``Military Construction, Air Force'' under Public Law 108-11,
$13,000,000 are hereby rescinded: Provided further, That of the funds
appropriated for ``Military Construction, Air Force'' under Public Law
108-132, $6,600,000 are hereby rescinded: Provided further, That of the
funds appropriated for ``Military Construction, Air Force'' under Public
Law 108-324, $9,500,000 are hereby rescinded: Provided further, That of
the funds appropriated for ``Military Construction, Air Force'' under
Public Law 109-13, $46,500,000 are hereby rescinded.
Military Construction, Defense-Wide
(including transfer and rescission of funds)
For acquisition, construction, installation, and equipment of
temporary or permanent public works, installations, facilities, and real
property for activities and agencies of the Department of Defense (other
than the military departments), as currently authorized by law,
$1,008,855,000, to remain available until September 30, 2010: Provided,
That such amounts of this appropriation as may be determined by the
Secretary of Defense may be transferred
[[Page 119 STAT. 2374]]
to such appropriations of the Department of Defense available for
military construction or family housing as the Secretary may designate,
to be merged with and to be available for the same purposes, and for the
same time period, as the appropriation or fund to which
transferred: <<NOTE: Notification.>> Provided further, That of the
amount appropriated, not to exceed $136,406,000 shall be available for
study, planning, design, and architect and engineer services, as
authorized by law, unless the Secretary of Defense determines that
additional obligations are necessary for such purposes and notifies the
Committees on Appropriations of both Houses of Congress of the
determination and the reasons therefor: Provided further, That of the
funds appropriated for ``Military Construction, Defense-Wide'' under
Public Law 108-324, $20,000,000 are hereby rescinded.
Military Construction, Army National Guard
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Army
National Guard, and contributions therefor, as authorized by chapter
1803 of title 10, United States Code, and Military Construction
Authorization Acts, $523,151,000, to remain available until September
30, 2010.
Military Construction, Air National Guard
(including rescission of funds)
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Air
National Guard, and contributions therefor, as authorized by chapter
1803 of title 10, United States Code, and Military Construction
Authorization Acts, $316,117,000, to remain available until September
30, 2010: Provided, That of the funds appropriated for ``Military
Construction, Air National Guard'' under Public Law 108-324, $13,700,000
are hereby rescinded.
Military Construction, Army Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Army
Reserve as authorized by chapter 1803 of title 10, United States Code,
and Military Construction Authorization Acts, $152,569,000, to remain
available until September 30, 2010.
Military Construction, Naval Reserve
(including rescissions of funds)
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
reserve components of the Navy and Marine Corps as authorized by chapter
1803 of title 10, United States Code, and Military Construction
Authorization Acts, $46,864,000, to remain available until September 30,
2010: Provided, That of the funds appropriated for ``Military
Construction, Naval Reserve'' under Public Law 108-132, $5,368,000 are
hereby rescinded: Provided further, That of the funds appropriated for
``Military Construction, Naval Reserve'' under Public Law 108-324,
$11,192,000 are hereby rescinded.
[[Page 119 STAT. 2375]]
Military Construction, Air Force Reserve
(including rescission of funds)
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Air
Force Reserve as authorized by chapter 1803 of title 10, United States
Code, and Military Construction Authorization Acts, $105,883,000, to
remain available until September 30, 2010: Provided, That of the funds
appropriated for ``Military Construction, Air Force Reserve'' under
Public Law 108-324, $13,815,000 are hereby rescinded.
North Atlantic Treaty Organization
Security Investment Program
(including rescission of funds)
For the United States share of the cost of the North Atlantic Treaty
Organization Security Investment Program for the acquisition and
construction of military facilities and installations (including
international military headquarters) and for related expenses for the
collective defense of the North Atlantic Treaty Area as authorized by
section 2806 of title 10, United States Code, and Military Construction
Authorization Acts, $206,858,000, to remain available until expended:
Provided, That of the funds appropriated for ``North Atlantic Treaty
Organization Security Investment Program'' under Public Law 108-324,
$30,000,000 are hereby rescinded.
Family Housing Construction, Army
(including rescission of funds)
For expenses of family housing for the Army for construction,
including acquisition, replacement, addition, expansion, extension, and
alteration, as authorized by law, $549,636,000, to remain available
until September 30, 2010: Provided, That of the funds appropriated for
``Family Housing Construction, Army'' under Public Law 108-324,
$16,000,000 are hereby rescinded.
Family Housing Operation and Maintenance, Army
For expenses of family housing for the Army for operation and
maintenance, including debt payment, leasing, minor construction,
principal and interest charges, and insurance premiums, as authorized by
law, $803,993,000.
Family Housing Construction, Navy and Marine Corps
For expenses of family housing for the Navy and Marine Corps for
construction, including acquisition, replacement, addition, expansion,
extension, and alteration, as authorized by law, $218,942,000, to remain
available until September 30, 2010.
[[Page 119 STAT. 2376]]
Family Housing Operation and Maintenance, Navy and Marine Corps
For expenses of family housing for the Navy and Marine Corps for
operation and maintenance, including debt payment, leasing, minor
construction, principal and interest charges, and insurance premiums, as
authorized by law, $588,660,000.
Family Housing Construction, Air Force
(including rescissions of funds)
For expenses of family housing for the Air Force for construction,
including acquisition, replacement, addition, expansion, extension, and
alteration, as authorized by law, $1,101,887,000, to remain available
until September 30, 2010: Provided, That of the funds appropriated for
``Family Housing Construction, Air Force'' under Public Law 107-249,
$7,700,000 are hereby rescinded: Provided further, That of the funds
appropriated for ``Family Housing Construction, Air Force'' under Public
Law 108-132, $4,500,000 are hereby rescinded: Provided further, That of
the funds appropriated for ``Family Housing Construction, Air Force''
under Public Law 108-324, $31,700,000 are hereby rescinded.
Family Housing Operation and Maintenance, Air Force
For expenses of family housing for the Air Force for operation and
maintenance, including debt payment, leasing, minor construction,
principal and interest charges, and insurance premiums, as authorized by
law, $766,939,000.
Family Housing Operation and Maintenance, Defense-Wide
For expenses of family housing for the activities and agencies of
the Department of Defense (other than the military departments) for
operation and maintenance, leasing, and minor construction, as
authorized by law, $46,391,000.
Department of Defense Family Housing Improvement Fund
For the Department of Defense Family Housing Improvement Fund,
$2,500,000, to remain available until expended, for family housing
initiatives undertaken pursuant to section 2883 of title 10, United
States Code, providing alternative means of acquiring and improving
military family housing and supporting facilities.
Department of Defense Base Closure Account 1990
For deposit into the Department of Defense Base Closure Account
1990, established by section 2906(a)(1) of the Defense Base Closure and
Realignment Act of 1990 (10 U.S.C. 2687 note), $254,827,000, to remain
available until expended.
Department of Defense Base Closure Account 2005
For deposit into the Department of Defense Base Closure Account
2005, established by section 2906A(a)(1) of the Defense Base Closure and
Realignment Act of 1990 (10 U.S.C. 2687 note), $1,504,466,000, to remain
available until expended: <<NOTE: Reports.>> Provided, That
[[Page 119 STAT. 2377]]
these funds may not be obligated or expended until the Secretary of
Defense submits to the congressional defense committees and receives
approval of a report describing the specific programs, projects, and
activities for which such funds are to be obligated.
Administrative Provisions
Sec. 101. <<NOTE: Contracts.>> None of the funds made available in
this title shall be expended for payments under a cost-plus-a-fixed-fee
contract for construction, where cost estimates exceed $25,000, to be
performed within the United States, except Alaska, without the specific
approval in writing of the Secretary of Defense setting forth the
reasons therefor.
Sec. 102. Funds made available in this title for construction shall
be available for hire of passenger motor vehicles.
Sec. 103. Funds made available in this title for construction may be
used for advances to the Federal Highway Administration, Department of
Transportation, for the construction of access roads as authorized by
section 210 of title 23, United States Code, when projects authorized
therein are certified as important to the national defense by the
Secretary of Defense.
Sec. 104. None of the funds made available in this title may be used
to begin construction of new bases in the United States for which
specific appropriations have not been made.
Sec. 105. None of the funds made available in this title shall be
used for purchase of land or land easements in excess of 100 percent of
the value as determined by the Army Corps of Engineers or the Naval
Facilities Engineering Command, except: (1) where there is a
determination of value by a Federal court; (2) purchases negotiated by
the Attorney General or the designee of the Attorney General; (3) where
the estimated value is less than $25,000; or (4) as otherwise determined
by the Secretary of Defense to be in the public interest.
Sec. 106. None of the funds made available in this title shall be
used to: (1) acquire land; (2) provide for site preparation; or (3)
install utilities for any family housing, except housing for which funds
have been made available in annual Acts making appropriations for
military construction.
Sec. 107. <<NOTE: Notification.>> None of the funds made available
in this title for minor construction may be used to transfer or relocate
any activity from one base or installation to another, without prior
notification to the Committees on Appropriations of both Houses of
Congress.
Sec. 108. None of the funds made available in this title may be used
for the procurement of steel for any construction project or activity
for which American steel producers, fabricators, and manufacturers have
been denied the opportunity to compete for such steel procurement.
Sec. 109. None of the funds available to the Department of Defense
for military construction or family housing during the current fiscal
year may be used to pay real property taxes in any foreign nation.
Sec. 110. <<NOTE: Notification.>> None of the funds made available
in this title may be used to initiate a new installation overseas
without prior notification to the Committees on Appropriations of both
Houses of Congress.
Sec. 111. <<NOTE: Contracts.>> None of the funds made available in
this title may be obligated for architect and engineer contracts
estimated by the
[[Page 119 STAT. 2378]]
Government to exceed $500,000 for projects to be accomplished in Japan,
in any North Atlantic Treaty Organization member country, or in
countries bordering the Arabian Sea, unless such contracts are awarded
to United States firms or United States firms in joint venture with host
nation firms.
Sec. 112. <<NOTE: Contracts.>> None of the funds made available in
this title for military construction in the United States territories
and possessions in the Pacific and on Kwajalein Atoll, or in countries
bordering the Arabian Sea, may be used to award any contract estimated
by the Government to exceed $1,000,000 to a foreign contractor:
Provided, That this section shall not be applicable to contract awards
for which the lowest responsive and responsible bid of a United States
contractor exceeds the lowest responsive and responsible bid of a
foreign contractor by greater than 20 percent: Provided further, That
this section shall not apply to contract awards for military
construction on Kwajalein Atoll for which the lowest responsive and
responsible bid is submitted by a Marshallese contractor.
Sec. 113. <<NOTE: Notification. Deadline.>> The Secretary of Defense
is to inform the appropriate committees of both Houses of Congress,
including the Committees on Appropriations, of the plans and scope of
any proposed military exercise involving United States personnel 30 days
prior to its occurring, if amounts expended for construction, either
temporary or permanent, are anticipated to exceed $100,000.
Sec. 114. Not more than 20 percent of the funds made available in
this title which are limited for obligation during the current fiscal
year shall be obligated during the last two months of the fiscal year.
(transfer of funds)
Sec. 115. Funds appropriated to the Department of Defense for
construction in prior years shall be available for construction
authorized for each such military department by the authorizations
enacted into law during the current session of Congress.
Sec. 116. For military construction or family housing projects that
are being completed with funds otherwise expired or lapsed for
obligation, expired or lapsed funds may be used to pay the cost of
associated supervision, inspection, overhead, engineering and design on
those projects and on subsequent claims, if any.
Sec. 117. <<NOTE: 10 USC 2860 note.>> Notwithstanding any other
provision of law, any funds made available to a military department or
defense agency for the construction of military projects may be
obligated for a military construction project or contract, or for any
portion of such a project or contract, at any time before the end of the
fourth fiscal year after the fiscal year for which funds for such
project were made available, if the funds obligated for such project:
(1) are obligated from funds available for military construction
projects; and (2) do not exceed the amount appropriated for such
project, plus any amount by which the cost of such project is increased
pursuant to law.
Sec. 118. <<NOTE: Reports. Deadline.>> The Secretary of Defense is
to provide the Committees on Appropriations of both Houses of Congress
with an annual report by February 15, containing details of the specific
actions proposed to be taken by the Department of Defense during the
current fiscal year to encourage other member nations of the North
Atlantic Treaty Organization, Japan, Korea, and United States
[[Page 119 STAT. 2379]]
allies bordering the Arabian Sea to assume a greater share of the common
defense burden of such nations and the United States.
(transfer of funds)
Sec. 119. In addition to any other transfer authority available to
the Department of Defense, proceeds deposited to the Department of
Defense Base Closure Account established by section 207(a)(1) of the
Defense Authorization Amendments and Base Closure and Realignment Act
(10 U.S.C. 2687 note) pursuant to section 207(a)(2)(C) of such Act, may
be transferred to the account established by section 2906(a)(1) of the
Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note),
to be merged with, and to be available for the same purposes and the
same time period as that account.
(transfer of funds)
Sec. 120. <<NOTE: Deadline. Notification.>> Subject to 30 days prior
notification to the Committees on Appropriations of both Houses of
Congress, such additional amounts as may be determined by the Secretary
of Defense may be transferred to: (1) the Department of Defense Family
Housing Improvement Fund from amounts appropriated for construction in
``Family Housing'' accounts, to be merged with and to be available for
the same purposes and for the same period of time as amounts
appropriated directly to the Fund; or (2) the Department of Defense
Military Unaccompanied Housing Improvement Fund from amounts
appropriated for construction of military unaccompanied housing in
``Military Construction'' accounts, to be merged with and to be
available for the same purposes and for the same period of time as
amounts appropriated directly to the Fund: Provided, That appropriations
made available to the Funds shall be available to cover the costs, as
defined in section 502(5) of the Congressional Budget Act of 1974, of
direct loans or loan guarantees issued by the Department of Defense
pursuant to the provisions of subchapter IV of chapter 169 of title 10,
United States Code, pertaining to alternative means of acquiring and
improving military family housing, military unaccompanied housing, and
supporting facilities.
Sec. 121. None of the funds made available in this title may be
obligated for Partnership for Peace Programs in the New Independent
States of the former Soviet Union.
Sec. 122. <<NOTE: Deadline. Contracts. Notice.>> (a) Not later than
60 days before issuing any solicitation for a contract with the private
sector for military family housing the Secretary of the military
department concerned shall submit to the Committees on Appropriations of
both Houses of Congress the notice described in subsection (b).
(b)(1) A notice referred to in subsection (a) is a notice of any
guarantee (including the making of mortgage or rental payments) proposed
to be made by the Secretary to the private party under the contract
involved in the event of--
(A) the closure or realignment of the installation for which
housing is provided under the contract;
(B) a reduction in force of units stationed at such
installation; or
(C) the extended deployment overseas of units stationed at
such installation.
(2) Each notice under this subsection shall specify the nature of
the guarantee involved and assess the extent and likelihood,
[[Page 119 STAT. 2380]]
if any, of the liability of the Federal Government with respect to the
guarantee.
(transfer of funds)
Sec. 123. In addition to any other transfer authority available to
the Department of Defense, amounts may be transferred from the account
established by section 2906(a)(1) of the Defense Base Closure and
Realignment Act of 1990 (10 U.S.C. 2687 note), to the fund established
by section 1013(d) of the Demonstration Cities and Metropolitan
Development Act of 1966 (42 U.S.C. 3374) to pay for expenses associated
with the Homeowners Assistance Program. Any amounts transferred shall be
merged with and be available for the same purposes and for the same time
period as the fund to which transferred.
Sec. 124. <<NOTE: 10 USC 2821 note.>> Notwithstanding this or any
other provision of law, funds made available in this title for operation
and maintenance of family housing shall be the exclusive source of funds
for repair and maintenance of all family housing units, including
general or flag officer quarters: Provided, That not more than $35,000
per unit may be spent annually for the maintenance and repair of any
general or flag officer quarters without 30 days prior notification to
the Committees on Appropriations of both Houses of Congress, except that
an after-the-fact notification shall be submitted if the limitation is
exceeded solely due to costs associated with environmental remediation
that could not be reasonably anticipated at the time of the budget
submission: <<NOTE: Reports.>> Provided further, That the Under
Secretary of Defense (Comptroller) is to report annually to the
Committees on Appropriations of both Houses of Congress all operation
and maintenance expenditures for each individual general or flag officer
quarters for the prior fiscal year.
Sec. 125. None of the funds made available in this title under the
heading ``North Atlantic Treaty Organization Security Investment
Program'', and no funds appropriated for any fiscal year before fiscal
year 2006 for that program that remain available for obligation, may be
obligated or expended for the conduct of studies of missile defense.
Sec. 126. <<NOTE: Deadline.>> Whenever the Secretary of Defense or
any other official of the Department of Defense is requested by the
subcommittee on Military Quality of Life and Veterans Affairs, and
Related Agencies of the Committee on Appropriations of the House of
Representatives or the subcommittee on Military Construction and
Veterans Affairs, and Related Agencies of the Committee on
Appropriations of the Senate to respond to a question or inquiry
submitted by the chairman or another member of that subcommittee
pursuant to a subcommittee hearing or other activity, the Secretary (or
other official) shall respond to the request, in writing, within 21 days
of the date on which the request is transmitted to the Secretary (or
other official).
Sec. 127. Amounts contained in the Ford Island Improvement Account
established by subsection (h) of section 2814 of title 10, United States
Code, are appropriated and shall be available until expended for the
purposes specified in subsection (i)(1) of such section or until
transferred pursuant to subsection (i)(3) of such section.
[[Page 119 STAT. 2381]]
(transfer of funds)
Sec. 128. <<NOTE: Certification.>> None of the funds made available
in this title, or in any Act making appropriations for military
construction which remain available for obligation, may be obligated or
expended to carry out a military construction, land acquisition, or
family housing project at or for a military installation approved for
closure, or at a military installation for the purposes of supporting a
function that has been approved for realignment to another installation,
in 2005 under the Defense Base Closure and Realignment Act of 1990 (part
A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note), unless such
a project at a military installation approved for realignment will
support a new mission or function that is planned for that installation,
or unless the Secretary of Defense certifies that the cost to the United
States of carrying out such project would be less than the cost to the
United States of cancelling such project, or if the project is at an
active component base that shall be established as an enclave or in the
case of projects having multi-agency use, that another Government agency
has indicated it will assume ownership of the completed project. The
Secretary of Defense may not transfer funds made available as a result
of this limitation from any military construction project, land
acquisition, or family housing project to another account or use such
funds for another purpose or project without the prior approval of the
Committees on Appropriations of both Houses of Congress.
Sec. 129. (a) Of the amount in the Department of Defense Base
Closure Account 1990 under section 2906(a)(1) of the Defense Base
Closure and Realignment Act of 1990 (part A of title XXIX of Public Law
101-510; 10 U.S.C. 2687 note) that is derived from the disposal of
Department of the Navy property under that Act, not less than
$300,000,000 shall be available exclusively to the Department of the
Navy for the costs of environmental restoration and property management
and disposal of property at installations of the Department of the Navy
closed or realigned under that Act.
(b) The amount available under subsection (a) shall remain available
for the costs specified in that subsection until expended.
(c) <<NOTE: Reports. Deadlines.>> Not later than 45 days after the
date of enactment of this Act, the Secretary of the Navy shall submit to
the Committees on Appropriations of both Houses of Congress a report
containing a plan for the use of the funds made available under
subsection (a) for environmental restoration, and for property
management and disposal, at covered Navy installations, including
specific sites and work to be accomplished at those sites. None of the
funds made available under subsection (a) shall be obligated until both
of such committees approve such report or the expiration of the 30-day
period beginning on the date such committees receive such report,
whichever occurs earlier.
Sec. 130. <<NOTE: Deadlines. Reports.>> Not later than 45 days after
the date of the enactment of this Act, the Secretary of the Air Force
shall submit to the Committees on Appropriations of both of Houses of
Congress a report containing a housing plan for Spangdahlem Air Base,
Germany, as outlined in the Statement of Managers accompanying the
Conference report for H.R. 2528 of the 109th Congress. None of the funds
made available in this title shall be used for the construction of
family housing at Spangdahlem Air Base, Germany, until both of such
committees approve such report or the expiration
[[Page 119 STAT. 2382]]
of the 30-day period beginning on the date such committees receive such
report, whichever occurs earlier.
TITLE II
DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
compensation and pensions
(including transfer of funds)
For the payment of compensation benefits to or on behalf of veterans
and a pilot program for disability examinations as authorized by law (38
U.S.C. 107, chapters 11, 13, 18, 51, 53, 55, and 61); pension benefits
to or on behalf of veterans as authorized by law (38 U.S.C. chapters 15,
51, 53, 55, and 61; 92 Stat. 2508); and burial benefits, the Reinstated
Entitlement Program for Survivors, emergency and other officers'
retirement pay, adjusted-service credits and certificates, payment of
premiums due on commercial life insurance policies guaranteed under the
provisions of title IV of the Servicemembers Civil Relief Act (50 U.S.C.
App. 540 et seq.) and for other benefits as authorized by law (38 U.S.C.
107, 1312, 1977, and 2106, chapters 23, 51, 53, 55, and 61; 43 Stat.
122, 123; 45 Stat. 735; 76 Stat. 1198), $33,897,787,000, to remain
available until expended: Provided, That not to exceed $23,491,000 of
the amount appropriated under this heading shall be reimbursed to
``General operating expenses'' and ``Medical administration'' for
necessary expenses in implementing the provisions of chapters 51, 53,
and 55 of title 38, United States Code, the funding source for which is
specifically provided as the ``Compensation and pensions''
appropriation: Provided further, That such sums as may be earned on an
actual qualifying patient basis, shall be reimbursed to ``Medical care
collections fund'' to augment the funding of individual medical
facilities for nursing home care provided to pensioners as authorized.
readjustment benefits
For the payment of readjustment and rehabilitation benefits to or on
behalf of veterans as authorized by law (38 U.S.C. chapters 21, 30, 31,
34, 35, 36, 39, 51, 53, 55, and 61), $3,309,234,000, to remain available
until expended: Provided, That expenses for rehabilitation program
services and assistance which the Secretary is authorized to provide
under section 3104(a) of title 38, United States Code, other than under
subsection (a)(1), (2), (5), and (11) of that section, shall be charged
to this account.
veterans insurance and indemnities
For military and naval insurance, national service life insurance,
servicemen's indemnities, service-disabled veterans insurance, and
veterans mortgage life insurance as authorized by title 38, United
States Code, chapter 19; 70 Stat. 887; 72 Stat. 487, $45,907,000, to
remain available until expended.
[[Page 119 STAT. 2383]]
veterans housing benefit program fund program account
(including transfer of funds)
For the cost of direct and guaranteed loans, such sums as may be
necessary to carry out the program, as authorized by chapter 37 of title
38, United States Code: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That during fiscal
year 2006, within the resources available, not to exceed $500,000 in
gross obligations for direct loans are authorized for specially adapted
housing loans.
In addition, for administrative expenses to carry out the direct and
guaranteed loan programs, $153,575,000, which may be transferred to and
merged with the appropriation for ``General operating expenses''.
vocational rehabilitation loans program account
(including transfer of funds)
For the cost of direct loans, $53,000, as authorized by chapter 31
of title 38, United States Code: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That funds made
available under this heading are available to subsidize gross
obligations for the principal amount of direct loans not to exceed
$4,242,000.
In addition, for administrative expenses necessary to carry out the
direct loan program, $305,000, which may be transferred to and merged
with the appropriation for ``General operating expenses''.
native american veteran housing loan program account
(including transfer of funds)
For administrative expenses to carry out the direct loan program
authorized by subchapter V of chapter 37 of title 38, United States
Code, $580,000, which may be transferred to and merged with the
appropriation for ``General operating expenses'': Provided, That no new
loans in excess of $30,000,000 may be made in fiscal year 2006.
guaranteed transitional housing loans for homeless veterans program
account
For the administrative expenses to carry out the guaranteed
transitional housing loan program authorized by subchapter VI of chapter
37 of title 38, United States Code, not to exceed $750,000 of the
amounts appropriated by this Act for ``General operating expenses'' and
``Medical administration'' may be expended.
[[Page 119 STAT. 2384]]
Veterans Health Administration
medical services
(including transfer of funds)
For necessary expenses for furnishing, as authorized by law,
inpatient and outpatient care and treatment to beneficiaries of the
Department of Veterans Affairs and veterans described in section 1705(a)
of title 38, United States Code, including care and treatment in
facilities not under the jurisdiction of the Department, and including
medical supplies and equipment and salaries and expenses of health-care
employees hired under title 38, United States Code, and aid to State
homes as authorized by section 1741 of title 38, United States Code;
$22,547,141,000, plus reimbursements, of which not less than
$2,200,000,000 shall be expended for specialty mental health care:
Provided, That $1,225,000,000 of the amount provided under this heading
is designated by the Congress as an emergency requirement pursuant to
section 402 of H. Con. Res. 95 (109th Congress), the concurrent
resolution on the budget for fiscal year 2006: Provided further, That
such $1,225,000,000 shall be available only if an official budget
request is transmitted by the President to the Congress that revises the
President's budget amendment of July 14, 2005, to designate the entire
$1,225,000,000 as an emergency requirement: Provided further, That of
the funds made available under this heading, not to exceed
$1,100,000,000 shall be available until September 30, 2007: Provided
further, That, notwithstanding any other provision of law, the Secretary
of Veterans Affairs shall establish a priority for treatment for
veterans who are service-connected disabled, lower income, or have
special needs: Provided further, That, notwithstanding any other
provision of law, the Secretary of Veterans Affairs shall give priority
funding for the provision of basic medical benefits to veterans in
enrollment priority groups 1 through 6: Provided further, That,
notwithstanding any other provision of law, the Secretary of Veterans
Affairs may authorize the dispensing of prescription drugs from Veterans
Health Administration facilities to enrolled veterans with privately
written prescriptions based on requirements established by the
Secretary: Provided further, That the implementation of the program
described in the previous proviso shall incur no additional cost to the
Department of Veterans Affairs: Provided further, That for the
Department of Defense/Department of Veterans Affairs Health Care Sharing
Incentive Fund, as authorized by section 721 of Public Law 107-314, a
minimum of $15,000,000, to remain available until expended, for any
purpose authorized by section 8111 of title 38, United States Code.
medical administration
For necessary expenses in the administration of the medical,
hospital, nursing home, domiciliary, construction, supply, and research
activities, as authorized by law; administrative expenses in support of
capital policy activities; uniforms or allowances therefor, as
authorized by sections 5901-5902 of title 5, United States Code; and
administrative and legal expenses of the Department for collecting and
recovering amounts owed the Department as authorized under chapter 17 of
title 38, United States Code, and the Federal Medical Care Recovery Act
(42 U.S.C. 2651 et
[[Page 119 STAT. 2385]]
seq.); $2,858,442,000, plus reimbursements, of which $250,000,000 shall
be available until September 30, 2007.
medical facilities
For necessary expenses for the maintenance and operation of
hospitals, nursing homes, and domiciliary facilities and other necessary
facilities for the Veterans Health Administration; for administrative
expenses in support of planning, design, project management, real
property acquisition and disposition, construction and renovation of any
facility under the jurisdiction or for the use of the Department; for
oversight, engineering and architectural activities not charged to
project costs; for repairing, altering, improving or providing
facilities in the several hospitals and homes under the jurisdiction of
the Department, not otherwise provided for, either by contract or by the
hire of temporary employees and purchase of materials; for leases of
facilities; and for laundry and food services, $3,297,669,000, plus
reimbursements, of which $250,000,000 shall be available until September
30, 2007.
medical and prosthetic research
For necessary expenses in carrying out programs of medical and
prosthetic research and development as authorized by chapter 73 of title
38, United States Code, to remain available until September 30, 2007,
$412,000,000, plus reimbursements, of which not less than $15,000,000
shall be used for Gulf War Illness research.
Departmental Administration
general operating expenses
For necessary operating expenses of the Department of Veterans
Affairs, not otherwise provided for, including administrative expenses
in support of Department-Wide capital planning, management and policy
activities, uniforms or allowances therefor; not to exceed $25,000 for
official reception and representation expenses; hire of passenger motor
vehicles; and reimbursement of the General Services Administration for
security guard services, and the Department of Defense for the cost of
overseas employee mail, $1,410,520,000: Provided, That expenses for
services and assistance authorized under paragraphs (1), (2), (5), and
(11) of section 3104(a) of title 38, United States Code, that the
Secretary of Veterans Affairs determines are necessary to enable
entitled veterans: (1) to the maximum extent feasible, to become
employable and to obtain and maintain suitable employment; or (2) to
achieve maximum independence in daily living, shall be charged to this
account: Provided further, That the Veterans Benefits Administration
shall be funded at not less than $1,053,938,000: Provided further, That
of the funds made available under this heading, not to exceed
$70,000,000 shall be available for obligation until September 30, 2007:
Provided further, That from the funds made available under this heading,
the Veterans Benefits Administration may purchase up to two passenger
motor vehicles for use in operations of that Administration in Manila,
Philippines.
[[Page 119 STAT. 2386]]
information technology systems
For necessary expenses for information technology systems and
telecommunications support, including developmental information systems
and operational information systems; for the capital asset acquisition
of information technology systems, including management and related
contractual costs of said acquisitions, including contractual costs
associated with operations authorized by chapter 3109 of title 5, United
States Code, $1,213,820,000, to remain available until September 30,
2007: Provided, That none of these funds may be obligated until the
Department of Veterans Affairs submits to the Committees on
Appropriations of both Houses of Congress, and such Committees approve,
a plan for expenditure that: (1) meets the capital planning and
investment control review requirements established by the Office of
Management and Budget; (2) complies with the Department of Veterans
Affairs enterprise architecture; (3) conforms with an established
enterprise life cycle methodology; and (4) complies with the acquisition
rules, requirements, guidelines, and systems acquisition management
practices of the Federal
Government: <<NOTE: Deadline. Notification.>> Provided further, That
within 30 days of enactment of this Act, the Secretary of Veterans
Affairs shall submit to the Committees on Appropriations of both Houses
of Congress a reprogramming base letter which provides, by project, the
costs included in this appropriation.
national cemetery administration
For necessary expenses of the National Cemetery Administration for
operations and maintenance, not otherwise provided for, including
uniforms or allowances therefor; cemeterial expenses as authorized by
law; purchase of one passenger motor vehicle for use in cemeterial
operations; and hire of passenger motor vehicles, $156,447,000:
Provided, That of the funds made available under this heading, not to
exceed $7,800,000 shall be available until September 30, 2007.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$70,174,000, to remain available until September 30, 2007.
construction, major projects
For constructing, altering, extending and improving any of the
facilities including parking projects under the jurisdiction or for the
use of the Department of Veterans Affairs, or for any of the purposes
set forth in sections 316, 2404, 2406, 8102, 8103, 8106, 8108, 8109,
8110, and 8122 of title 38, United States Code, including planning,
architectural and engineering services, construction management
services, maintenance or guarantee period services costs associated with
equipment guarantees provided under the project, services of claims
analysts, offsite utility and storm drainage system construction costs,
and site acquisition, where the estimated cost of a project is more than
the amount set forth in section 8104(a)(3)(A) of title 38, United States
Code, or where funds for a project were made available in a previous
major project appropriation, $607,100,000, to remain available until
expended, of which $532,010,000 shall be for Capital Asset Realignment
for Enhanced
[[Page 119 STAT. 2387]]
Services (CARES) activities; and of which $2,500,000 shall be to make
reimbursements as provided in section 13 of the Contract Disputes Act of
1978 (41 U.S.C. 612) for claims paid for contract disputes: Provided,
That except for advance planning activities, including needs assessments
which may or may not lead to capital investments, and other capital
asset management related activities, such as portfolio development and
management activities, and investment strategy studies funded through
the advance planning fund and the planning and design activities funded
through the design fund and CARES funds, including needs assessments
which may or may not lead to capital investments, none of the funds
appropriated under this heading shall be used for any project which has
not been approved by the Congress in the budgetary process: Provided
further, <<NOTE: Contracts. Deadlines.>> That funds provided in this
appropriation for fiscal year 2006, for each approved project (except
those for CARES activities referenced above) shall be obligated: (1) by
the awarding of a construction documents contract by September 30, 2006;
and (2) by the awarding of a construction contract by September 30,
2007: <<NOTE: Reports.>> Provided further, That the Secretary of
Veterans Affairs shall promptly report in writing to the Committees on
Appropriations of both Houses of Congress any approved major
construction project in which obligations are not incurred within the
time limitations established above: Provided further, That none of the
funds in this or any other Act may be used to reduce the mission,
services or infrastructure, including land, of the 18 facilities on the
Capital Asset Realignment for Enhanced Services (CARES) list requiring
further study as specified by the Secretary of Veterans Affairs without
prior approval of the Committees on Appropriations of both Houses of
Congress.
construction, minor projects
For constructing, altering, extending, and improving any of the
facilities including parking projects under the jurisdiction or for the
use of the Department of Veterans Affairs, including planning and
assessments of needs which may lead to capital investments,
architectural and engineering services, maintenance or guarantee period
services costs associated with equipment guarantees provided under the
project, services of claims analysts, offsite utility and storm drainage
system construction costs, and site acquisition, or for any of the
purposes set forth in sections 316, 2404, 2406, 8102, 8103, 8106, 8108,
8109, 8110, 8122, and 8162 of title 38, United States Code, where the
estimated cost of a project is equal to or less than the amount set
forth in section 8104(a)(3)(A) of title 38, United States Code,
$198,937,000, to remain available until expended, along with unobligated
balances of previous ``Construction, minor projects'' appropriations
which are hereby made available for any project where the estimated cost
is equal to or less than the amount set forth in such section, of which
$155,000,000 shall be for Capital Asset Realignment for Enhanced
Services (CARES) activities: Provided, That funds in this account shall
be available for: (1) repairs to any of the nonmedical facilities under
the jurisdiction or for the use of the Department which are necessary
because of loss or damage caused by any natural disaster or catastrophe;
and (2) temporary measures necessary to prevent or to minimize further
loss by such causes.
[[Page 119 STAT. 2388]]
grants for construction of state extended care facilities
For grants to assist States to acquire or construct State nursing
home and domiciliary facilities and to remodel, modify or alter existing
hospital, nursing home and domiciliary facilities in State homes, for
furnishing care to veterans as authorized by sections 8131-8137 of title
38, United States Code, $85,000,000, to remain available until expended.
grants for the construction of state veterans cemeteries
For grants to aid States in establishing, expanding, or improving
State veterans cemeteries as authorized by section 2408 of title 38,
United States Code, $32,000,000, to remain available until expended.
Administrative Provisions
(including transfer of funds)
Sec. 201. Any appropriation for fiscal year 2006 for ``Compensation
and pensions'', ``Readjustment benefits'', and ``Veterans insurance and
indemnities'' may be transferred as necessary to any other of the
mentioned appropriations: Provided, That before a transfer may take
place, the Secretary of Veterans Affairs shall request from the
Committees on Appropriations of both Houses of Congress the authority to
make the transfer and an approval is issued, or absent a response, a
period of 30 days has elapsed.
Sec. 202. Appropriations available in this title for salaries and
expenses shall be available for services authorized by section 3109 of
title 5, United States Code, hire of passenger motor vehicles; lease of
a facility or land or both; and uniforms or allowances therefore, as
authorized by sections 5901-5902 of title 5, United States Code.
Sec. 203. No appropriations in this title (except the appropriations
for ``Construction, major projects'', and ``Construction, minor
projects'') shall be available for the purchase of any site for or
toward the construction of any new hospital or home.
Sec. 204. No appropriations in this title shall be available for
hospitalization or examination of any persons (except beneficiaries
entitled under the laws bestowing such benefits to veterans, and persons
receiving such treatment under sections 7901-7904 of title 5, United
States Code or the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.)), unless reimbursement of cost
is made to the ``Medical services'' account at such rates as may be
fixed by the Secretary of Veterans Affairs.
Sec. 205. Appropriations available in this title for ``Compensation
and pensions'', ``Readjustment benefits'', and ``Veterans insurance and
indemnities'' shall be available for payment of prior year accrued
obligations required to be recorded by law against the corresponding
prior year accounts within the last quarter of fiscal year 2005.
Sec. 206. Appropriations available in this title shall be available
to pay prior year obligations of corresponding prior year appropriations
accounts resulting from sections 3328(a), 3334, and 3712(a) of title 31,
United States Code, except that if such obligations
[[Page 119 STAT. 2389]]
are from trust fund accounts they shall be payable from ``Compensation
and pensions''.
Sec. 207. Notwithstanding any other provision of law, during fiscal
year 2006, the Secretary of Veterans Affairs shall, from the National
Service Life Insurance Fund (38 U.S.C. 1920), the Veterans' Special Life
Insurance Fund (38 U.S.C. 1923), and the United States Government Life
Insurance Fund (38 U.S.C. 1955), reimburse the ``General operating
expenses'' account for the cost of administration of the insurance
programs financed through those accounts: Provided, That reimbursement
shall be made only from the surplus earnings accumulated in an insurance
program in fiscal year 2006 that are available for dividends in that
program after claims have been paid and actuarially determined reserves
have been set aside: Provided further, That if the cost of
administration of an insurance program exceeds the amount of surplus
earnings accumulated in that program, reimbursement shall be made only
to the extent of such surplus earnings: Provided further, That the
Secretary shall determine the cost of administration for fiscal year
2006 which is properly allocable to the provision of each insurance
program and to the provision of any total disability income insurance
included in such insurance program.
Sec. 208. The paragraph under the heading ``Franchise Fund'' in
title I of Public Law 104-204 (31 U.S.C. 501 note) is amended--
(1) by striking ``franchise fund pilot, as authorized by
section 403 of Public Law 103-356, to be available as provided
in such section'' and inserting ``Department of Veterans Affairs
franchise fund, to be available without fiscal year
limitation''; and
(2) by striking the final proviso.
Sec. 209. Amounts deducted from enhanced-use lease proceeds to
reimburse an account for expenses incurred by that account during a
prior fiscal year for providing enhanced-use lease services, may be
obligated during the fiscal year in which the proceeds are received.
Sec. 210. Funds available in this title or funds for salaries and
other administrative expenses shall also be available to reimburse the
Office of Resolution Management and the Office of Employment
Discrimination Complaint Adjudication for all services provided at rates
which will recover actual costs but not exceed $29,758,000 for the
Office of Resolution Management and $3,059,000 for the Office of
Employment and Discrimination Complaint Adjudication: Provided, That
payments may be made in advance for services to be furnished based on
estimated costs: Provided further, That amounts received shall be
credited to ``General operating expenses'' for use by the office that
provided the service.
Sec. 211. <<NOTE: Contracts. Reports. Deadline.>> No appropriations
in this title shall be available to enter into any new lease of real
property if the estimated annual rental is more than $300,000 unless the
Secretary submits a report which the Committees on Appropriations of
both Houses of Congress approve within 30 days following the date on
which the report is received.
Sec. 212. No funds of the Department of Veterans Affairs shall be
available for hospital care, nursing home care, or medical services
provided to any person under chapter 17 of title 38, United States Code,
for a non-service-connected disability described in section 1729(a)(2)
of such title, unless that person has disclosed to
[[Page 119 STAT. 2390]]
the Secretary of Veterans Affairs, in such form as the Secretary may
require, current, accurate third-party reimbursement information for
purposes of section 1729 of such title: Provided, That the Secretary may
recover, in the same manner as any other debt due the United States, the
reasonable charges for such care or services from any person who does
not make such disclosure as required: Provided further, That any amounts
so recovered for care or services provided in a prior fiscal year may be
obligated by the Secretary during the fiscal year in which amounts are
received.
Sec. 213. Notwithstanding any other provision of law, at the
discretion of the Secretary of Veterans Affairs, proceeds or revenues
derived from enhanced-use leasing activities (including disposal) may be
deposited into the ``Construction, major projects'' and ``Construction,
minor projects'' accounts and be used for construction (including site
acquisition and disposition), alterations and improvements of any
medical facility under the jurisdiction or for the use of the Department
of Veterans Affairs. Such sums as realized are in addition to the amount
provided for in ``Construction, major projects'' and ``Construction,
minor projects''.
Sec. 214. Amounts made available under ``Medical services'' are
available--
(1) for furnishing recreational facilities, supplies, and
equipment; and
(2) for funeral expenses, burial expenses, and other
expenses incidental to funerals and burials for beneficiaries
receiving care in the Department.
(including transfer of funds)
Sec. 215. That such sums as may be deposited to the Medical Care
Collections Fund pursuant to section 1729A of title 38, United States
Code, may be transferred to ``Medical services'', to remain available
until expended for the purposes of this account.
(including transfer of funds)
Sec. 216. Amounts made available for fiscal year 2006 under the
``Medical services'', ``Medical administration'', and ``Medical
facilities'' accounts may be transferred among the accounts to the
extent necessary to implement the restructuring of the Veterans Health
Administration accounts: Provided, That before a transfer may take
place, the Secretary of Veterans Affairs shall request from the
Committees on Appropriations of both Houses of Congress the authority to
make the transfer and an approval is issued.
(including transfer of funds)
Sec. 217. Any appropriation for fiscal year 2006 for the Veterans
Benefits Administration made available under the heading ``General
operating expenses'' may be transferred to the ``Veterans Housing
Benefit Program Fund Program Account'' for the purpose of providing
funds for the nationwide property management contract if the
administrative costs of such contract exceed $8,800,000 in the fiscal
year.
Sec. 218. <<NOTE: Alaska.>> Notwithstanding any other provision of
law, the Secretary of Veterans Affairs shall allow veterans eligible
under existing Department of Veterans Affairs medical care requirements
and who reside in Alaska to obtain medical care services from
[[Page 119 STAT. 2391]]
medical facilities supported by the Indian Health Service or tribal
organizations. The Secretary shall: (1) limit the application of this
provision to rural Alaskan veterans in areas where an existing
Department of Veterans Affairs facility or Veterans Affairs-contracted
service is unavailable; (2) require participating veterans and
facilities to comply with all appropriate rules and regulations, as
established by the Secretary; (3) require this provision to be
consistent with Capital Asset Realignment for Enhanced Services
activities; and (4) result in no additional cost to the Department of
Veterans Affairs or the Indian Health Service.
(including transfer of funds)
Sec. 219. That such sums as may be deposited to the Department of
Veterans Affairs Capital Asset Fund pursuant to section 8118 of title
38, United States Code, may be transferred to the ``Construction, major
projects'' and ``Construction, minor projects'' accounts, to remain
available until expended for the purposes of these accounts.
Sec. 220. None of the funds available to the Department of Veterans
Affairs, in this Act or any other Act, may be used to replace the
current system by which the Veterans Integrated Service Networks select
and contract for diabetes monitoring supplies and equipment.
Sec. 221. None of the funds made available in this Act may be used
to implement any policy prohibiting the Directors of the Veterans
Integrated Service Networks from conducting outreach or marketing to
enroll new veterans within their respective Networks.
Sec. 222. <<NOTE: Reports.>> The Secretary of Veterans Affairs shall
submit to the Committees on Appropriations of both Houses of Congress a
quarterly report on the financial status of the Veterans Health
Administration.
Sec. 223. None of the funds made available in this Act or any other
Act may be used--
(1) with respect to the 2,100 compensation cases identified
in the Scope and Methodology description in VA Inspector General
Report No. 05-00765-137 as having been reviewed by the Office of
Inspector General--
(A) to retroactively revoke or reduce a veteran's
disability compensation payments for post traumatic
stress disorder based on a finding that the Department
of Veterans Affairs failed to collect justifying
documentation unless the award of compensation was the
direct result of fraud by the applicant; or
(B) to prospectively revoke or reduce a veteran's
disability compensation payments for post traumatic
stress disorder, based on a finding that the Department
of Veterans Affairs failed to collect justifying
documentation, effective before the date on which the
veteran's time to exhaust all available administrative
and judicial appeals has expired or such administrative
and judicial appeals are finally decided; or
(2) <<NOTE: Reports.>> for the implementation of
Recommendation 3 of VA Inspector General Report No. 05-00765-137
or any related review and investigation of post traumatic
stress, individual unemployability, and schedular 100 percent
ratings cases, until the Department of Veterans Affairs reports
to the Committees
[[Page 119 STAT. 2392]]
on Appropriations of both Houses of Congress on its plans for
implementing this recommendation, and outlines the staffing and
funding requirements.
Sec. 224. Clinical training and protocols. (a) Findings.--Congress
finds that--
(1) the Iraq War Clinician Guide has tremendous value; and
(2) the Secretary of Defense and the National Center on Post
Traumatic Stress Disorder should continue to work together to
ensure that the mental health care needs of servicemembers and
veterans are met.
(b) Collaboration.--The National Center on Post Traumatic Stress
Disorder shall collaborate with the Secretary of Defense--
(1) to enhance the clinical skills of military clinicians
through training, treatment protocols, web-based interventions,
and the development of evidence-based interventions; and
(2) to promote pre-deployment resilience and post-deployment
readjustment among servicemembers serving in Operation Iraqi
Freedom and Operation Enduring Freedom.
(c) Training.--The National Center on Post Traumatic Stress Disorder
shall work with the Secretary of Defense to ensure that clinicians in
the Department of Defense are provided with the training and protocols
developed pursuant to subsection (b)(1).
(including transfer of funds)
Sec. 225. Amounts made available under the ``Medical
administration'', ``Medical services'', ``Medical facilities'',
``General operating expenses'', ``National Cemetery Administration'' and
``Office of Inspector General'' accounts for fiscal year 2006, may be
transferred to or from the ``Information technology systems'' account:
Provided, That before a transfer may take place, the Secretary of
Veterans Affairs shall request from the Committees on Appropriations of
both Houses of Congress the authority to make the transfer and an
approval is issued.
(including transfer of funds)
Sec. 226. For purposes of perfecting the funding sources of the
Department of Veterans Affairs' new ``Information technology systems''
account, funds made available for fiscal year 2006 may be transferred
from the ``General operating expenses'', ``National Cemetery
Administration'', and ``Office of Inspector General'' accounts to the
``Medical administration'' account: Provided, That before a transfer may
take place, the Secretary of Veterans Affairs shall request from the
Committees on Appropriations of both Houses of Congress the authority to
make the transfer and an approval is issued.
(including transfer of funds)
Sec. 227. Amounts made available for the ``Information technology
systems'' account may be transferred between projects: Provided, That no
project may be increased or decreased by more than $1,000,000 of cost
prior to submitting a request to the Committees on Appropriations of
both Houses of Congress the authority to make the transfer and an
approval is issued, or absent a response, a period of 30 days has
elapsed.
[[Page 119 STAT. 2393]]
Sec. 228. The Department of Veterans Affairs shall conduct an
information campaign in States with an average annual disability
compensation payment of less than $7,300 (according to the report issued
by the Department of Veterans Affairs Office of Inspector General on May
19, 2005), to inform all veterans receiving disability compensation, by
direct mail, of the history of below average disability compensation
payments to veterans in such States, and to provide all veterans in each
such State, through broadcast or print advertising, with the
aforementioned historical information and instructions for submitting
new claims and requesting review of past disability claims and ratings.
Sec. 229. Of the funds available to the Department of Veterans
Affairs in this Act or any other Act, no more than $50,000,000 shall be
available for the HealtheVetVista project, for fiscal year 2006:
Provided, That none of the funds made available for the HealtheVetVista
project may be obligated until the Committees on Appropriations of both
Houses of Congress approve a financial expenditure plan for the entire
project.
Sec. 230. <<NOTE: Termination date. 38 USC 2011 note.>> The
authority provided by section 2011 of title 38, United States Code,
shall continue in effect through September 30, 2006.
TITLE III
RELATED AGENCIES
American Battle Monuments Commission
salaries and expenses
For necessary expenses, not otherwise provided for, of the American
Battle Monuments Commission, including the acquisition of land or
interest in land in foreign countries; purchases and repair of uniforms
for caretakers of national cemeteries and monuments outside of the
United States and its territories and possessions; rent of office and
garage space in foreign countries; purchase (one for replacement only)
and hire of passenger motor vehicles; not to exceed $7,500 for official
reception and representation expenses; and insurance of official motor
vehicles in foreign countries, when required by law of such countries,
$36,250,000, to remain available until expended.
foreign currency fluctuations account
For necessary expenses, not otherwise provided for, of the American
Battle Monuments Commission, $15,250,000, to remain available until
expended, for purposes authorized by section 2109 of title 36, United
States Code.
United States Court of Appeals for Veterans Claims
salaries and expenses
For necessary expenses for the operation of the United States Court
of Appeals for Veterans Claims as authorized by sections 7251-7298 of
title 38, United States Code, $18,795,000, of which $1,260,000 shall be
available for the purpose of providing financial assistance as
described, and in accordance with the process and
[[Page 119 STAT. 2394]]
reporting procedures set forth, under this heading in Public Law 102-
229.
Department of Defense--Civil
Cemeterial Expenses, Army
salaries and expenses
For necessary expenses, as authorized by law, for maintenance,
operation, and improvement of Arlington National Cemetery and Soldiers'
and Airmen's Home National Cemetery, including the purchase of two
passenger motor vehicles for replacement only, and not to exceed $1,000
for official reception and representation expenses, $29,050,000, to
remain available until expended. In addition, such sums as may be
necessary for parking maintenance, repairs and replacement, to be
derived from the Lease of Department of Defense Real Property for
Defense Agencies account.
Armed Forces Retirement Home
For expenses necessary for the Armed Forces Retirement Home to
operate and maintain the Armed Forces Retirement Home--Washington,
District of Columbia and the Armed Forces Retirement Home--Gulfport,
Mississippi, to be paid from funds available in the Armed Forces
Retirement Home Trust Fund, $58,281,000, of which $1,248,000 shall
remain available until expended for construction and renovation of the
physical plants at the Armed Forces Retirement Home--Washington,
District of Columbia and the Armed Forces Retirement Home--Gulfport,
Mississippi.
TITLE IV
GENERAL PROVISIONS
Sec. 401. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 402. Such sums as may be necessary for fiscal year 2006 pay
raises for programs funded by this Act shall be absorbed within the
levels appropriated in this Act.
Sec. 403. None of the funds made available in this Act may be used
for any program, project, or activity, when it is made known to the
Federal entity or official to which the funds are made available that
the program, project, or activity is not in compliance with any Federal
law relating to risk assessment, the protection of private property
rights, or unfunded mandates.
Sec. 404. No part of any funds appropriated in this Act shall be
used by an agency of the executive branch, other than for normal and
recognized executive-legislative relationships, for publicity or
propaganda purposes, and for the preparation, distribution or use of any
kit, pamphlet, booklet, publication, radio, television or film
presentation designed to support or defeat legislation pending before
Congress, except in presentation to Congress itself.
Sec. 405. All departments and agencies funded under this Act are
encouraged, within the limits of the existing statutory
[[Page 119 STAT. 2395]]
authorities and funding, to expand their use of ``E-Commerce''
technologies and procedures in the conduct of their business practices
and public service activities.
Sec. 406. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriations Act.
Sec. 407. Unless stated otherwise, all reports and notifications
required by this Act shall be submitted to the Subcommittee on Military
Quality of Life and Veterans Affairs, and Related Agencies of the
Committee on Appropriations of the House of Representatives and the
Subcommittee on Military Construction and Veterans Affairs, and Related
Agencies of the Committee on Appropriations of the Senate.
Sec. 408. (a) Section 613 of the Science, State, Justice, Commerce,
and Related Agencies Appropriations Act, 2006, <<NOTE: Ante, p.
2336.>> is amended by striking ``the United States-China Economic and
Security Review Commission'', and inserting ``a grant for the Trade
Lawyers Advisory Group''.
(b) <<NOTE: Effective date.>> The amendment made by paragraph (1)
shall take effect on the date of enactment of the Science, State,
Justice, Commerce, and Related Agencies Appropriations Act, 2006.
This Act may be cited as the ``Military Quality of Life and Veterans
Affairs Appropriations Act, 2006''.
Approved November 30, 2005.
LEGISLATIVE HISTORY--H.R. 2528:
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HOUSE REPORTS: Nos. 109-95 (Comm. on Appropriations) and 109-305 (Comm.
of Conference).
SENATE REPORTS: No. 109-105 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 151 (2005):
May 26, considered and passed House.
Sept. 22, considered and passed Senate, amended.
Nov. 18, House and Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 41 (2005):
Nov. 30, Presidential statement.
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