H.R.5385 - Military Construction and Veterans Affairs, and Related Agencies Appropriations Act, 2007109th Congress (2005-2006)
Bill
Hide Overview| Sponsor: | Rep. Walsh, James T. [R-NY-25] (Introduced 05/15/2006) |
|---|---|
| Committees: | House - Appropriations | Senate - Appropriations |
| Committee Reports: | S. Rept. 109-286; H. Rept. 109-464; H. Rept. 109-464,Part 2 |
| Latest Action: | Senate - 12/06/2006 Message on Senate action sent to the House. (All Actions) |
| Roll Call Votes: | There have been 2 roll call votes |
Tracker:
This bill has the status Resolving Differences
Here are the steps for Status of Legislation:
- Introduced
- Passed House
- Passed Senate
- Resolving Differences
Subject — Policy Area:
- Economics and Public Finance
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Text: H.R.5385 — 109th Congress (2005-2006)All Information (Except Text)
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Engrossed Amendment Senate (11/16/2006)
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5385 Engrossed Amendment Senate (EAS)]
In the Senate of the United States,
November 14, 2006.
Resolved, That the bill from the House of Representatives (H.R.
5385) entitled ``An Act making appropriations for the 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, 2007, and for other purposes.'', do pass with
the following
AMENDMENTS:
Strike out all after the enacting clause and insert:
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for military construction, the
Department of Veterans Affairs, and related agencies for the fiscal
year ending September 30, 2007, 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, $2,172,622,000, to remain
available until September 30, 2011: Provided, That of this amount, not
to exceed $199,540,000 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 appropriated
for ``Military Construction, Army'' under Public Law 109-114,
$43,348,000 are hereby rescinded: Provided further, That of the funds
appropriated for ``Military Construction, Army'' under Public Law 109-
13, $125,800,000 are hereby rescinded: Provided further, That of the
amount provided under this heading, $34,800,000 is designated as an
emergency requirement pursuant to section 402 of S. Con. Res. 83 (109th
Congress), the concurrent resolution on the budget for fiscal year
2007, as made applicable in the Senate by section 7035 of Public Law
109-234.
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, $1,238,065,000, to remain available until September 30,
2011: Provided, That of this amount, not to exceed $71,626,000 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, $30,000,000 are
hereby rescinded: Provided further, That of the funds appropriated for
``Military Construction, Navy and Marine Corps'' under Public Law 108-
324, $8,000,000 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, $1,214,885,000, to remain available until September 30, 2011:
Provided, That of this amount, not to exceed $71,381,000 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 108-324, $2,694,000 are hereby rescinded:
Provided further, That of the funds appropriated for ``Military
Construction, Air Force'' under Public Law 109-114, $19,816,000 are
hereby rescinded: Provided further, That of the funds appropriated for
``Military Construction, Air Force'' under Public Law 109-13,
$10,800,000 are hereby rescinded.
Military Construction, Defense-Wide
(including rescissions and 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,
$1,162,281,000, to remain available until September 30, 2011: 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 $172,150,000 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 108-132, $9,000,000 are hereby rescinded: Provided further,
That of the funds appropriated for ``Military Construction, Defense-
Wide'' under Public Law 108-324, $43,000,000 are hereby rescinded:
Provided further, That of the funds appropriated for ``Military
Construction, Defense-Wide'' under Public Law 109-114, $72,065,000 are
hereby rescinded: Provided further, That of the amount provided under
this heading, $100,886,000 is designated as an emergency requirement
pursuant to section 402 of S. Con. Res. 83 (109th Congress), the
concurrent resolution on the budget for fiscal year 2007, as made
applicable in the Senate by section 7035 of Public Law 109-234.
Military Construction, Army National Guard
(including rescission of funds)
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, $539,804,000, to remain available until September
30, 2011: Provided, That of the funds appropriated for ``Military
Construction, Army National Guard'' under Public Law 109-114,
$2,129,000 are hereby rescinded.
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, $252,834,000, to remain available until September
30, 2011.
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, $191,450,000, to
remain available until September 30, 2011.
Military Construction, Navy 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, $48,408,000, to remain available until September
30, 2011.
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, $44,936,000, to
remain available until September 30, 2011.
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, $205,985,000, 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, $578,791,000, to remain available
until September 30, 2011.
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, $675,617,000.
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, $305,071,000, to
remain available until September 30, 2011.
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, $498,525,000.
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, $1,182,138,000, to remain available
until September 30, 2011: Provided, That of the funds appropriated for
``Family Housing Construction, Air Force'' under Public Law 108-324,
$23,400,000 are hereby rescinded: Provided further, That of the funds
appropriated for ``Family Housing Construction, Air Force'' under
Public Law 109-114, $42,800,000 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, $755,071,000.
Family Housing Construction, Defense-Wide
For expenses of family housing for the activities and agencies of
the Department of Defense (other than the military departments) for
construction, including acquisition, replacement, addition, expansion,
extension, and alteration, as authorized by law, $8,808,000, to remain
available until September 30, 2011.
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, $48,506,000.
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.
Chemical Demilitarization Construction, Defense-Wide
For expenses of construction, not otherwise provided for, necessary
for the destruction of the United States stockpile of lethal chemical
agents and munitions in accordance with section 1412 of the Department
of Defense Authorization Act, 1986 (50 U.S.C. 1521), and for the
destruction of other chemical warfare materials that are not in the
chemical weapon stockpile, as currently authorized by law,
$140,993,000, to remain available until September 30, 2011, which shall
be only for the Assembled Chemical Weapons Alternatives program.
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), $191,220,000, 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), $5,237,100,000, to
remain available until expended.
Administrative Provisions
Sec. 101. None of the funds made available in this title shall be
expended for payments under a cost-plus-a-fixed-fee contract for
construction, where cost estimates exceed $25,000, to be performed
within the United States, except Alaska, without the specific approval
in writing of the Secretary of Defense setting forth the reasons
therefor.
Sec. 102. Funds 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. None of the funds made available in this title for minor
construction may be used to transfer or relocate any activity from one
base or installation to another, without prior notification to the
Committees on Appropriations of both Houses of Congress.
Sec. 108. None of the funds made available in this title may be
used for the procurement of steel for any construction project or
activity for which American steel producers, fabricators, and
manufacturers have been denied the opportunity to compete for such
steel procurement.
Sec. 109. None of the funds available to the Department of Defense
for military construction or family housing during the current fiscal
year may be used to pay real property taxes in any foreign nation.
Sec. 110. None of the funds made available in this title may be
used to initiate a new installation overseas without prior notification
to the Committees on Appropriations of both Houses of Congress.
Sec. 111. None of the funds made available in this title may be
obligated for architect and engineer contracts estimated by the
Government to exceed $500,000 for projects to be accomplished in Japan,
in any North Atlantic Treaty Organization member country, or in
countries bordering the Arabian Sea if that country has not increased
its defense spending by at least 3 percent in calendar year 2005,
unless such contracts are awarded to United States firms or United
States firms in joint venture with host nation firms.
Sec. 112. None of the funds made available in this title for
military construction in the United States territories and possessions
in the Pacific and on Kwajalein Atoll, or in countries bordering the
Arabian Sea, may be used to award any contract estimated by the
Government to exceed $1,000,000 to a foreign contractor: Provided, That
this section shall not be applicable to contract awards for which the
lowest responsive and responsible bid of a United States contractor
exceeds the lowest responsive and responsible bid of a foreign
contractor by greater than 20 percent: Provided further, That this
section shall not apply to contract awards for military construction on
Kwajalein Atoll for which the lowest responsive and responsible bid is
submitted by a Marshallese contractor.
Sec. 113. The Secretary of Defense is to inform the appropriate
committees of both Houses of Congress, including the Committees on
Appropriations, of the plans and scope of any proposed military
exercise involving United States personnel 30 days prior to its
occurring, if amounts expended for construction, either temporary or
permanent, are anticipated to exceed $750,000.
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.
(including 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. (a) Not later than December 1, 2006, the Secretary of
Defense, in consultation with the Secretary of State, shall submit to
the Committees on Appropriations of both Houses of Congress a report on
actions taken by the Department of Defense and the Department of State
during the previous fiscal year to encourage host countries to assume a
greater share of the common defense burden of such countries and the
United States.
(b) The report under subsection (a) shall include a description
of--
(1) attempts to secure cash and in-kind contributions from
host countries for military construction projects;
(2) attempts to achieve economic incentives offered by host
countries to encourage private investment for the benefit of
the United States Armed Forces;
(3) attempts to recover funds due to be paid to the United
States by host countries for assets deeded or otherwise
imparted to host countries upon the cessation of United States
operations at military installations;
(4) the amount spent by host countries on defense, in
dollars and in terms of the percent of gross domestic product
(GDP) of the host country; and
(5) for host countries that are members of the North
Atlantic Treaty Organization (NATO), the amount contributed to
NATO by host countries, in dollars and in terms of the percent
of the total NATO budget.
(c) In this section, the term ``host country'' means other member
countries of NATO, Japan, South Korea, and United States allies
bordering the Arabian Sea.
(including 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.
(including transfer of funds)
Sec. 120. Subject to 30 days prior notification to the Committees
on Appropriations of both Houses of Congress, such additional amounts
as may be determined by the Secretary of Defense may be transferred to:
(1) the Department of Defense Family Housing Improvement Fund from
amounts appropriated for construction in ``Family Housing'' accounts,
to be merged with and to be available for the same purposes and for the
same period of time as amounts appropriated directly to the Fund; or
(2) the Department of Defense Military Unaccompanied Housing
Improvement Fund from amounts appropriated for construction of military
unaccompanied housing in ``Military Construction'' accounts, to be
merged with and to be available for the same purposes and for the same
period of time as amounts appropriated directly to the Fund: Provided,
That appropriations made available to the Funds shall be available to
cover the costs, as defined in section 502(5) of the Congressional
Budget Act of 1974, of direct loans or loan guarantees issued by the
Department of Defense pursuant to the provisions of subchapter IV of
chapter 169 of title 10, United States Code, pertaining to alternative
means of acquiring and improving military family housing, military
unaccompanied housing, and supporting facilities.
Sec. 121. (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.
(including transfer of funds)
Sec. 122. In addition to any other transfer authority available to
the Department of Defense, amounts may be transferred from the accounts
established by sections 2906(a)(1) and 2906A(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. 123. 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: Provided further, That nothing in this section precludes
the Secretary of a military department, after notifying the
congressional defense committees and waiting 21 days, from using funds
derived under section 2601, chapter 403, chapter 603, or chapter 903 of
title 10, United States Code, for the maintenance or repair of general
and flag officer quarters at the military service academy under the
jurisdiction of that Secretary: Provided further, That each Secretary
of a military department shall provide an annual report by February 15
to the congressional defense committees on the amount of funds that
were derived under section 2601, chapter 403, chapter 603, or chapter
903 of title 10, United States Code, in the previous year and were
obligated for the construction, improvement, repair, or maintenance of
any military facility or infrastructure.
Sec. 124. 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.
(including transfer of funds)
Sec. 125. 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
continuing mission or function at that installation or 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. This section shall not apply
to military construction projects, land acquisition, or family housing
projects for which the project is vital to the national security or the
protection of health, safety, or environmental quality: Provided, That
the Secretary of Defense shall notify the congressional defense
committees within seven days of a decision to carry out such a military
construction project.
Sec. 126. Section 3001(o) of the Emergency Supplemental
Appropriations Act for Defense and for the Reconstruction of Iraq and
Afghanistan, 2004 (Public Law 108-106; 117 Stat. 1238; 5 U.S.C. App.,
note to section 8G of Public Law 95-452), as amended by section 1054(b)
of the John Warner National Defense Authorization Act for Fiscal Year
2007 (Public Law 109-364), is amended to read as follows:
``(o) Termination.--(1)(A) The Office of the Inspector General
shall terminate 10 months after 80 percent of the funds appropriated or
otherwise made available to the Iraq Relief and Reconstruction Fund
have been expended.
``(B) For purposes of calculating the termination of the Office of
the Inspector General under this subsection, any United States funds
appropriated or otherwise made available for fiscal year 2006 for the
reconstruction of Iraq, irrespective of the designation of such funds,
shall be deemed to be amounts appropriated or otherwise made available
to the Iraq Relief and Reconstruction Fund.
``(2) The Special Inspector General for Iraq Reconstruction shall,
prior to the termination of the Office of the Special Inspector General
under paragraph (1), prepare a final forensic audit report on all funds
deemed to be amounts appropriated or otherwise made available to the
Iraq Relief and Reconstruction Fund.''.
Sec. 127. (a) Of the amount appropriated or otherwise made
available by this title under the heading ``Family Housing Operation
and Maintenance, Army'', $7,500,000 may be available for the lease of
not more than 300 additional housing units in the vicinity of
Fairbanks, Alaska. Such funds may not be available for the construction
or purchase of such units.
(b)(1) The total cost of a unit leased under subsection (a),
including the cost of utilities, maintenance, and operation, may not
exceed $25,000 per year.
(2) A lease entered into under subsection (a) may not exceed 5
years in duration or include an option to extend the lease beyond the
5-year period beginning on the date the lease commences.
Sec. 128. (a) The amount appropriated or otherwise made available
by this title under the heading ``Military Construction, Navy and
Marine Corps'' and available for ``Replacement Vehicle Bridge,
Increment 2, Naval Station, Newport, Rhode Island'' is hereby increased
by $3,410,000.
(b) The amount appropriated or otherwise made available by this
title under the heading ``Military Construction, Navy and Marine
Corps'' and available for ``Hazardous Material Storage Facility, Naval
Station Newport, Rhode Island'' is hereby reduced by $3,410,000.
Sec. 129. (a) The amount appropriated or otherwise made available
by this title under the heading ``Military Construction, Air Force'' is
hereby increased by $750,000.
(b) Of the amount appropriated or otherwise made available by this
title under the heading ``Military Construction, Air Force'', as
increased by subsection (a), $750,000 may be available for the Air
Force Financial Management Center.
(c) The amount appropriated or otherwise made available by this
title under the heading ``North Atlantic Treaty Organization Security
Investment Program'' is hereby reduced by $750,000.
Sec. 130. Subsection (c) of section 1077 of the John Warner
National Defense Authorization Act for Fiscal Year 2007 (Public Law
109-364) is hereby repealed.
Sec. 131. (a) The amount available for ``Military Construction, Air
Force'' is hereby reduced by $25,400,000 for ``Basic Expeditionary
Airmen Training Facility, Lackland AFB, Texas''.
(b) The amount available for ``Department of Defense Base Closure
Account 2005'' is hereby increased by $25,400,000.
Sec. 132. Of the amount appropriated or otherwise made available by
chapter 7 of title I of the Department of Defense, Emergency
Supplemental Appropriations to Address Hurricanes in the Gulf of
Mexico, and Pandemic Influenza Act, 2006 (Public Law 109-148) under the
heading ``Military Construction, Navy and Marine Corps'' and available
for the replacement of a Bachelor Enlisted Quarters at Naval
Construction Battalion Center, Gulfport, Mississippi, $13,400,000 may
be available for the construction of an additional Bachelor Enlisted
Quarters at Naval Construction Battalion Center, Gulfport, Mississippi.
TITLE II
DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Programs
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), $38,007,095,000, to remain available until expended:
Provided, That not to exceed $28,112,000 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 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), $3,262,006,000, 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, $49,850,000, 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 subchapters I
through III of 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 2007, 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, $153,185,000.
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, $615,000: Provided, That no new loans in excess of $30,000,000
may be made in fiscal year 2007.
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 services'' 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 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
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; and 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; 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 seq.);
$28,689,000,000, plus reimbursements: Provided, That of the funds made
available under this heading, not to exceed $1,350,000,000 shall be
available until September 30, 2008: 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.
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,
$3,569,000,000, plus reimbursements, of which $250,000,000 shall be
available until September 30, 2008.
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,
2008, $412,000,000, plus reimbursements, of which not less than
$15,000,000 shall be used for Gulf War Illness research.
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, $160,733,000, of
which not to exceed $8,037,000 shall be available until September 30,
2008.
Departmental Administration
general operating expenses
(including transfer of funds)
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, $1,467,764,000: 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 $1,167,859,000: Provided further, That
of the funds made available under this heading, not to exceed
$75,000,000 shall be available for obligation until September 30, 2008:
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.
office of inspector general
For necessary expenses of the Office of Inspector General, to
include information technology, in carrying out the provisions of the
Inspector General Act of 1978, $70,599,000, of which $3,474,950 shall
remain available until September 30, 2008.
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, $429,000,000, to remain
available until expended, of which $2,000,000 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 2007, 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, 2007; and (2) by the
awarding of a construction contract by September 30, 2008: 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.
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,
$168,000,000, 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 for: (1) repairs to any of the nonmedical facilities under
the jurisdiction or for the use of the Department which are necessary
because of loss or damage caused by any natural disaster or
catastrophe; and (2) temporary measures necessary to prevent or to
minimize further loss by such causes.
grants for construction of state extended care facilities
For grants to assist States to acquire or construct State nursing
home and domiciliary facilities and to remodel, modify or alter
existing hospital, nursing home and domiciliary facilities in State
homes, for furnishing care to veterans as authorized by sections 8131-
8137 of title 38, United States Code, $85,000,000, to remain available
until expended.
grants for 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.
information technology systems
(including transfer of funds)
For necessary expenses for information technology systems and
telecommunications support, including developmental information systems
and operational information systems; including pay and associated cost
for operations and maintenance associated staff; 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, $1,255,900,000, to remain available until September
30, 2008: 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: Provided further, That
within 60 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.
Administrative Provisions
(including transfer of funds)
Sec. 201. Any appropriation for fiscal year 2007, in this Act or
any other Act, 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 fiscal year 2007, in this Act
or any other Act, under the ``Medical services'' and ``Medical
facilities'' accounts may be transferred between 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.
Sec. 203. 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 therefor, as
authorized by sections 5901-5902 of title 5, United States Code.
Sec. 204. 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 the construction of any new hospital or home.
Sec. 205. 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. 206. 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 2006.
Sec. 207. Appropriations available in this title shall be available
to pay prior year obligations of corresponding prior year
appropriations accounts resulting from sections 3328(a), 3334, and
3712(a) of title 31, United States Code, except that if such
obligations are from trust fund accounts they shall be payable from
``Compensation and pensions''.
Sec. 208. Notwithstanding any other provision of law, during fiscal
year 2007, 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 2007 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
2007 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. 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 $31,246,000 for
the Office of Resolution Management and $3,059,000 for the Office of
Employment and Discrimination Complaint Adjudication: Provided, That
payments may be made in advance for services to be furnished based on
estimated costs: Provided further, That amounts received shall be
credited to ``General operating expenses'' for use by the office that
provided the service.
Sec. 211. No appropriations in this title shall be available to
enter into any new lease of real property if the estimated annual
rental is more than $300,000 unless the Secretary submits a report
which the Committees on Appropriations of 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 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.
(including transfer of funds)
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. Such sums as may be deposited to the Medical Care
Collections Fund pursuant to section 1729A of title 38, United States
Code, may be transferred to ``Medical services'', to remain available
until expended for the purposes of this account.
Sec. 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 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. 217. 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. 218. None of the funds available to the Department of Veterans
Affairs, in this Act, or any other Act, may be used for payment for E-
Gov initiatives.
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.
Sec. 220. 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.
(including transfer of funds)
Sec. 221. Amounts made available under the ``Medical services'',
``Medical facilities'', ``General operating expenses'', and ``National
Cemetery Administration'' accounts for fiscal year 2007, 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. 222. For purposes of perfecting the funding sources of the
Department of Veterans Affairs' new ``Information technology systems''
account, funds made available for fiscal year 2007, in this or any
other Act, may be transferred from the ``General operating expenses'',
``National Cemetery Administration'', and ``Office of Inspector
General'' accounts to the ``Medical services'' 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. 223. 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 to make the transfer and an approval is
issued, or absent a response, a period of 30 days has elapsed.
Sec. 224. No funds in this Act may be deposited into the DOD/VA
Health Care Sharing Incentive Fund.
Sec. 225. The authority provided by section 2011 of title 38,
United States Code, shall continue in effect through September 30,
2007.
Sec. 226. Report on Use of Lands at West Los Angeles Department of
Veterans Affairs Medical Center. (a) Report.-- The Secretary of
Veterans Affairs shall submit to Congress a report on the master plan
of the Department of Veterans Affairs relating to the use of Department
lands at the West Los Angeles Department of Veterans Medical Center,
California.
(b) Report Elements.--The report under subsection (a) shall set
forth the following:
(1) The master plan referred to in that subsection, if such
a plan currently exists.
(2) A current assessment of the master plan.
(3) Any proposal of the Department for a veterans park on
the lands referred to in subsection (a), and an assessment of
each such proposal.
(4) Any proposal to use a portion of those lands as
dedicated green space, and an assessment of each such proposal.
(c) Alternative Report Element.--If a master plan referred to in
subsection (a) does not exist as of the date of enactment of this Act,
the Secretary shall set forth in the report under that subsection, in
lieu of the matters specified in paragraphs (1) and (2) of subsection
(b), a plan for the development of a master plan for the use of the
lands referred to in subsection (a) during the period beginning on the
date of the enactment of this Act and ending 25 years later and during
the period beginning on the date of the enactment of this Act and
ending 50 years later. The master plan referred to in subsection (a)
shall be completed prior to the adoption of the Capital Asset
Realignment for Enhanced Services (CARES) plan for that property, or
prior to the issuance of any enhanced use lease on the subject
property. The CARES plan for the subject property shall be consistent
with the master plan required by this section.
(d) Limitations on Implementation.--
(1) In general.--The Secretary may not implement any
portion of the master plan referred to in subsection (a) until
120 days after the date of the receipt by the Committees on
Appropriations of the Senate and the House of Representatives
of the report required by that subsection.
(2) Actions other than direct veterans services.--In the
case of any portion of the master plan referred to in
subsection (a) that does not relate exclusively to direct
veterans services on the site referred to in subsection (a),
the Secretary may not carry out such portion of the master plan
without the approval of the Committees on Appropriations of the
Senate and the House of Representatives.
(e) Exemptions.--Nothing contained in this provision shall prevent
the Department of Veterans Affairs from providing maintenance, service
or programs consistent with the mission of the Department.
Sec. 227. 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 Services Networks
select and contract for diabetes monitoring supplies and equipment.
Sec. 228. The major medical facility project for a Department of
Veterans Affairs Medical Center in New Orleans, Louisiana, for which
funds were appropriated for the Department of Veterans Affairs for the
``Construction, major projects'' account in Public Law 109-234 and
Public Law 109-148 shall be treated for purposes of section 8104(b) of
title 38, United States Code, as a major medical facility project that
has been specifically authorized by law, and the Secretary of Veterans
Affairs may obligate and expend amounts so appropriated for that
account for that project for the purchase of a site including property
exchange for, and new construction, restoration, or replacement of, the
Department of Veterans Affairs Medical Center in New Orleans,
Louisiana.
Sec. 229. Of the amount appropriated by this title, up to
$18,000,000 may be available for necessary expenses, including salaries
and expenses, for the provision of additional mental health services
through centers for readjustment counseling and related mental health
services for veterans under section 1712A of title 38, United States
Code (commonly referred to as ``Vet Centers''), to veterans who served
in combat in Iraq or Afghanistan.
Sec. 230. Not later than 60 days after the date of the enactment of
this Act, the Secretary of Veterans Affairs shall submit to the
Committee on Appropriations of the Senate and the Committee on
Appropriations of the House of Representatives a report on the actions
taken by the Secretary to test veterans for vestibular damage.
Sec. 231. (a) Increase in Threshold for Major Medical Facility
Projects.--Section 8104(a)(3)(A) of title 38, United States Code, is
amended by striking ``$7,000,000'' and inserting ``$10,000,000''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect on October 1, 2006, and shall apply with respect to fiscal
years beginning on or after that date.
Sec. 232. Notwithstanding any other provision of law, the Secretary
is authorized to carry out major medical facility projects and leases
for which any funds have been appropriated under this Act or any other
Act. Further, for major medical facility projects authorized under
Public Law 108-170, the Secretary may carry out contracts through
September 30, 2007, including land purchase on projects for which Phase
I design has been authorized.
Sec. 233. Of the amount appropriated by this title under the
heading ``Veterans Health Administration'', up to $1,000,000 shall be
available for the Office of Inspector General.
Sec. 234. (a) Colocation of Community Based Outpatient Clinic With
Wagner Indian Health Service Unit, Wagner, South Dakota.--No amount
appropriated or otherwise made available for the Department of Veterans
Affairs by this title may be obligated or expended to implement a
business plan of Veterans Integrated Service Network 23 (VISN 23) for
the implementation a Community Based Outpatient Clinic (CBOC) in
Wagner, South Dakota, unless such business plan contains an evaluation
and an analysis of the prospect of colocating such Community Based
Outpatient Clinic with the Wagner Indian Health Service unit in Wagner,
South Dakota.
(b) Availability of Amounts for Emergency Room Services at Wagner
Indian Health Service Unit.--Of the amount appropriated or otherwise
made available to the Department of Veterans Affairs by this title
under the heading ``Medical Facilities'', at the discretion of the
Secretary of the Department of Veterans Affairs up to $500,000 may be
available for emergency room services at the Wagner Indian Health
Service unit pending implementation of a business plan meeting the
requirements in subsection (a).
Sec. 235. (a) Study on Costs of Comprehensive Service Programs for
Homeless Veterans.--The Secretary of Veterans Affairs shall carry out a
study of costs associated with the Comprehensive Service Programs
authorized by sections 2011 and 2012 of title 38 United States Code.
(b) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary shall submit to the Committees on
Veterans' Affairs and Appropriations of the Senate and the Committees
on Veterans' Affairs and Appropriations of the House of Representatives
a report on the study required by subsection (a). The report shall set
forth the following:
(1) The number of authorized and operational transitional
housing beds and service centers under the programs referred to
in subsection (a) in fiscal year 2006, and the number of such
beds and centers in each State and in each Congressional
District during such fiscal year.
(2) The cost in fiscal year 2006 of grants under section
2011 of title 38, United States Code, to authorized and
operational transitional housing beds and service centers under
the programs referred to in that subsection.
(3) The cost in fiscal year 2006 of per diem payments under
section 2012 of title 38 United States Code, to authorized and
operational transitional housing beds and service centers under
the programs referred to in that subsection.
(4) The number of applications received, scored as
qualified, and awarded pursuant to the Capital Grant Notice of
Funds Availability published on April 20, 2006.
(5) The range of per diem payment rates, the average per
diem payment rate, and the median per diem payment rate paid to
recipients of grants under section 2012 of title 38, United
States Code, in fiscal year 2006.
(6) The number and percentage of total recipients of grants
under section 2011 of title 38 United States Code, in fiscal
year 2006 being paid under section 2012 of title 38, United
States Code, the rate authorized for State homes for
domiciliary care under section 1741(a)(1)(A) of that title for
fiscal year 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-one 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, $37,088,000, to remain available until expended.
Foreign Currency Fluctuations
For necessary expenses, not otherwise provided for, of the American
Battle Monuments Commission, $4,900,000, 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, $19,790,000: Provided, That $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, $26,550,000, to
remain available until expended. In addition, such sums as may be
necessary for parking maintenance, repairs and replacement, to be
derived from the Lease of Department of Defense Real Property for
Defense Agencies account.
ARMED FORCES RETIREMENT HOME
For expenses necessary for the Armed Forces Retirement Home to
operate and maintain the Armed Forces Retirement Home--Washington,
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, $54,846,000.
ADMINISTRATIVE PROVISIONS
Sec. 301. None of the funds in this title under the heading
``American Battle Monuments Commission'' shall be available for the
Capital Security Costs Sharing program.
(including rescission of funds)
Sec. 302. (a) For an additional amount for ``United States Court of
Appeals for Veterans Claims, Salaries and Expenses'', $500,000, to
remain available until expended, for implementation of the Appellate
Case Management Electronic Case Files System.
(b) Of the amount appropriated under the heading ``United States
Court of Appeals for Veterans Claims, Salaries and Expenses'', in the
Military Quality of Life, Military Construction, and Veterans Affairs
Appropriations Act, 2006 (Public Law 109-114), $500,000 are rescinded.
(c) This section shall take effect immediately upon enactment of
this Act.
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 2007 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 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.
TITLE V--DIGITAL AND WIRELESS TECHNOLOGY
SEC. 501. SHORT TITLE.
This title may be cited as the ``Minority Serving Institution
Digital and Wireless Technology Opportunity Act of 2006''.
SEC. 502. ESTABLISHMENT OF PROGRAM.
Section 5 of the Stevenson-Wydler Technology Innovation Act of 1980
(15 U.S.C. 3704) is amended by inserting the following after subsection
(f):
``(g) Minority Serving Institution Digital and Wireless Technology
Opportunity Program.--
``(1) In general.--The Secretary, acting through the Under
Secretary, shall establish a Minority Serving Institution
Digital and Wireless Technology Opportunity Program to assist
eligible institutions in acquiring, and augmenting their use
of, digital and wireless networking technologies to improve the
quality and delivery of educational services at eligible
institutions.
``(2) Authorized activities.--An eligible institution may
use a grant, cooperative agreement, or contract awarded under
this subsection--
``(A) to acquire equipment, instrumentation,
networking capability, hardware and software, digital
network technology, wireless technology, and
infrastructure to further the objective of the Program
described in paragraph (1);
``(B) to develop and provide training, education,
and professional development programs, including
faculty development, to increase the use of, and
usefulness of, digital and wireless networking
technology;
``(C) to provide teacher education, including the
provision of preservice teacher training and in-service
professional development at eligible institutions,
library and media specialist training, and preschool
and teacher aid certification to individuals who seek
to acquire or enhance technology skills in order to use
digital and wireless networking technology in the
classroom or instructional process, including
instruction in science, mathematics, engineering, and
technology subjects; and
``(D) to foster the use of digital and wireless
networking technology to improve research and
education, including scientific, mathematics,
engineering, and technology instruction.
``(3) Application and review procedures.--
``(A) In general.--To be eligible to receive a
grant, cooperative agreement, or contract under this
subsection, an eligible institution shall submit an
application to the Under Secretary at such time, in
such manner, and containing such information as the
Under Secretary may require. Such application, at a
minimum, shall include a description of how the funds
will be used, including a description of any digital
and wireless networking technology to be acquired, and
a description of how the institution will ensure that
digital and wireless networking will be made accessible
to, and employed by, students, faculty, and
administrators. The Under Secretary, consistent with
subparagraph (B), shall establish procedures to review
such applications. The Under Secretary shall publish
the application requirements and review criteria in the
Federal Register, along with a statement describing the
availability of funds.
``(B) Review panels.--Each application submitted
under this subsection by an eligible institution shall
be reviewed by a panel of individuals selected by the
Under Secretary to judge the quality and merit of the
proposal, including the extent to which the eligible
institution can effectively and successfully utilize
the proposed grant, cooperative agreement, or contract
to carry out the program described in paragraph (1).
The Under Secretary shall ensure that the review panels
include representatives of minority serving
institutions and others who are knowledgeable about
eligible institutions and digital and wireless
networking technology. The Under Secretary shall ensure
that no individual assigned under this subsection to
review any application has a conflict of interest with
regard to that application. The Under Secretary shall
take into consideration the recommendations of the
review panel in determining whether to award a grant,
cooperative agreement, or contract to an eligible
institution.
``(C) Matching requirement.--The Under Secretary
may not award a grant, cooperative agreement, or
contract to an eligible institution under this
subsection unless such institution agrees that, with
respect to the costs incurred by the institution in
carrying out the program for which the grant,
cooperative agreement, or contract was awarded, such
institution shall make available, directly, or through
donations from public or private entities, non-Federal
contributions in an amount equal to one-quarter of the
grant, cooperative agreement, or contract awarded by
the Under Secretary, or $500,000, whichever is the
lesser amount. The Under Secretary shall waive the
matching requirement for any institution or consortium
with no endowment, or an endowment that has a current
dollar value lower than $50,000,000.
``(D) Awards.--
``(i) Limitation.--An eligible institution
that receives a grant, cooperative agreement,
or contract under this subsection that exceeds
$2,500,000 shall not be eligible to receive
another grant, cooperative agreement, or
contract.
``(ii) Consortia.--Grants, cooperative
agreements, and contracts may only be awarded
to eligible institutions. Eligible institutions
may seek funding under this subsection for
consortia which may include other eligible
institutions, a State or a State educational
agency, local educational agencies,
institutions of higher education, community-
based organizations, national nonprofit
organizations, or businesses, including
minority businesses.
``(iii) Planning grants.--The Under
Secretary may provide funds to develop
strategic plans to implement such grants,
cooperative agreements, or contracts.
``(iv) Institutional diversity.--In
awarding grants, cooperative agreements, and
contracts to eligible institutions, the Under
Secretary shall ensure, to the extent
practicable, that awards are made to all types
of institutions eligible for assistance under
this subsection.
``(v) Need.--In awarding funds under this
subsection, the Under Secretary shall give
priority to the institution with the greatest
demonstrated need for assistance.
``(E) Annual report and evaluation.--
``(i) Annual report required from
recipients.--Each institution that receives a
grant, cooperative agreement, or contract
awarded under this subsection shall provide an
annual report to the Under Secretary on its use
of the grant, cooperative agreement, or
contract.
``(ii) Independent assessment.--Not later
than 6 months after the date of enactment of
this subsection, the Under Secretary shall
enter into a contract with the National Academy
of Public Administration to conduct periodic
assessments of the program. The Assessments
shall be conducted once every 3 years during
the 10-year period following the enactment of
this subsection. The assessments shall include
an evaluation of the effectiveness of the
program in improving the education and training
of students, faculty and staff at eligible
institutions that have been awarded grants,
cooperative agreements, or contracts under the
program; an evaluation of the effectiveness of
the program in improving access to, and
familiarity with, digital and wireless
networking technology for students, faculty,
and staff at all eligible institutions; an
evaluation of the procedures established under
subparagraph (A); and recommendations for
improving the program, including
recommendations concerning the continuing need
for Federal support. In carrying out its
assessments, the National Academy of Public
Administration shall review the reports
submitted to the Under Secretary under clause
(i).
``(iii) Report to congress.--Upon
completion of each independent assessment
carried out under clause (ii), the Under
Secretary shall transmit the assessment to
Congress along with a summary of the Under
Secretary's plans, if any, to implement the
recommendations of the National Academy of
Public Administration.
``(F) Definitions.--In this subsection:
``(i) Digital and wireless networking
technology.--The term `digital and wireless
networking technology' means computer and
communications equipment and software that
facilitates the transmission of information in
a digital format.
``(ii) Eligible institution.--The term
`eligible institution' means an institution
that is--
``(I) a historically Black college
or university that is a part B
institution, as defined in section
322(2) of the Higher Education Act of
1965 (20 U.S.C. 1061(2)), or an
institution described in section
326(e)(1) of that Act (20 U.S.C.
1063b(e)(1));
``(II) a Hispanic-serving
institution, as defined in section
502(a)(5) of the Higher Education Act
of 1965 (20 U.S.C. 1101a(a)(5));
``(III) a tribally controlled
college or university, as defined in
section 316(b)(3) of the Higher
Education Act of 1965 (20 U.S.C.
1059c(b)(3));
``(IV) an Alaska Native-serving
institution under section 317(b) of the
Higher Education Act of 1965 (20 U.S.C.
1059d(b)); or
``(V) a Native Hawaiian-serving
institution under section 317(b) of the
Higher Education Act of 1965 (20 U.S.C.
1059d(b)).
``(iii) Institution of higher education.--
The term `institution of higher education' has
the meaning given the term in section 101 of
the Higher Education Act of 1965 (20 U.S.C.
1001).
``(iv) Local educational agency.--The term
`local educational agency' has the meaning
given the term in section 9101 of the
Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801).
``(v) Minority business.--The term
`minority business' includes HUBZone small
business concerns (as defined in section 3(p)
of the Small Business Act (15 U.S.C. 632(p)).
``(vi) Minority individual.--The term
`minority individual' means an American Indian,
Alaskan Native, Black (not of Hispanic origin),
Hispanic (including persons of Mexican, Puerto
Rican, Cuban and Central or South American
origin), or Pacific Islander individual.
``(vii) State.--The term `State' has the
meaning given the term in section 9101 of the
Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801).
``(viii) State educational agency.--The
term `State educational agency' has the meaning
given the term in section 9101 of the
Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801).''.
SEC. 503. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Technology
Administration of the Department of Commerce to carry out section 5(g)
of the Stevenson-Wydler Technology Innovation Act of 1980 such sums as
may be necessary for each of the fiscal years 2007 through 2010.
This Act may be cited as the ``Military Construction and Veterans
Affairs and Related Agencies Appropriations Act, 2007''.
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,
2007, and for other purposes.''.
Attest:
Secretary.
109th CONGRESS
2d Session
H. R. 5385
_______________________________________________________________________
AMENDMENTS