II 

Calendar No. 892 

110TH CONGRESS 

2D SESSION S. 3301 

[Report No. 110–428] 

Making appropriations for military construction, the Department of Veterans 

Affairs, and related agencies for the fiscal year ending September 30, 

2009, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 22, 2008 

Mr. JOHNSON, from the Committee on Appropriations, reported the following 

original bill; which was read twice and placed on the calendar 

A BILL 

Making appropriations for military construction, the Department of Veterans Affairs, and related agencies for the 

fiscal year ending September 30, 2009, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for 

5 military construction, the Department of Veterans Affairs, 
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1 and related agencies for the fiscal year ending September 

2 30, 2009, and for other purposes, namely: 

3 TITLE I 

4 DEPARTMENT OF DEFENSE 

5 MILITARY CONSTRUCTION, ARMY

6 (INCLUDING RESCISSIONS OF FUNDS)

7 For acquisition, construction, installation, and equip8 ment of temporary or permanent public works, military 

9 installations, facilities, and real property for the Army as 

10 currently authorized by law, including personnel in the 

11 Army Corps of Engineers and other personal services nec12 essary for the purposes of this appropriation, and for con13 struction and operation of facilities in support of the func14 tions of the Commander in Chief, $4,561,561,000, to re15 main available until September 30, 2013: Provided, That 

16 of this amount, not to exceed $169,898,000 shall be avail17 able for study, planning, design, architect and engineer 

18 services, and host nation support, as authorized by law, 

19 unless the Secretary of Defense determines that additional 

20 obligations are necessary for such purposes and notifies 

21 the Committees on Appropriations of both Houses of Con22 gress of the determination and the reasons therefor: Pro23 vided further, That of the funds appropriated for ‘‘Military 

24 Construction, Army’’ under Public Law 110–5, 
3 

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1 $48,520,000; and under Public Law 110–161, 

2 $16,600,000 are hereby rescinded. 

3 MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

4 For acquisition, construction, installation, and equip5 ment of temporary or permanent public works, naval in6 stallations, facilities, and real property for the Navy and 

7 Marine Corps as currently authorized by law, including 

8 personnel in the Naval Facilities Engineering Command 

9 and other personal services necessary for the purposes of 

10 this appropriation, $3,159,191,000, to remain available 

11 until September 30, 2013: Provided, That of this amount, 

12 not to exceed $237,690,000 shall be available for study, 

13 planning, design, and architect and engineer services, as 

14 authorized by law, unless the Secretary of Defense deter15 mines that additional obligations are necessary for such 

16 purposes and notifies the Committees on Appropriations 

17 of both Houses of Congress of the determination and the 

18 reasons therefor. 

19 MILITARY CONSTRUCTION, AIR FORCE

20 (INCLUDING RESCISSIONS OF FUNDS)

21 For acquisition, construction, installation, and equip22 ment of temporary or permanent public works, military 

23 installations, facilities, and real property for the Air Force 

24 as currently authorized by law, $1,058,694,000, to remain 

25 available until September 30, 2013: Provided, That of this 
4 

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1 amount, not to exceed $81,534,000 shall be available for 

2 study, planning, design, and architect and engineer serv3 ices, as authorized by law, unless the Secretary of Defense 

4 determines that additional obligations are necessary for 

5 such purposes and notifies the Committees on Appropria6 tions of both Houses of Congress of the determination and 

7 the reasons therefor: Provided further, That of the funds 

8 appropriated for ‘‘Military Construction, Air Force’’ under 

9 Public Law 110–161, $8,080,000 are hereby rescinded. 

10 MILITARY CONSTRUCTION, DEFENSE-WIDE

11 (INCLUDING TRANSFER OF FUNDS)

12 For acquisition, construction, installation, and equip13 ment of temporary or permanent public works, installa14 tions, facilities, and real property for activities and agen15 cies of the Department of Defense (other than the military 

16 departments), as currently authorized by law, 

17 $1,688,270,000, to remain available until September 30, 

18 2013: Provided, That such amounts of this appropriation 

19 as may be determined by the Secretary of Defense may 

20 be transferred to such appropriations of the Department 

21 of Defense available for military construction or family 

22 housing as the Secretary may designate, to be merged with 

23 and to be available for the same purposes, and for the 

24 same time period, as the appropriation or fund to which 

25 transferred: Provided further, That of the amount appro-
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1 priated, not to exceed $155,793,000 shall be available for 

2 study, planning, design, and architect and engineer serv3 ices, as authorized by law, unless the Secretary of Defense 

4 determines that additional obligations are necessary for 

5 such purposes and notifies the Committees on Appropria6 tions of both Houses of Congress of the determination and 

7 the reasons therefor: Provided further, That none of the 

8 funds appropriated under this heading may be obligated 

9 or expended for site activation or construction of a long10 range missile defense system in a European country until 

11 the government of the country in which such missile de12 fense system (including interceptors and associated ra13 dars) are proposed to be deployed has given final approval 

14 (including parliamentary ratification) to any missile de15 fense agreements negotiated between such government 

16 and the United States Government concerning the pro17 posed deployment of such components in such country. 

18 MILITARY CONSTRUCTION, ARMY NATIONAL GUARD

19 (INCLUDING RESCISSION OF FUNDS)

20 For construction, acquisition, expansion, rehabilita21 tion, and conversion of facilities for the training and ad22 ministration of the Army National Guard, and contribu23 tions therefor, as authorized by chapter 1803 of title 10, 

24 United States Code, and Military Construction Authoriza25 tion Acts, $660,669,000, to remain available until Sep-
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1 tember 30, 2013: Provided, That of the funds appro2 priated for ‘‘Military Construction, Army National Guard’’ 

3 under Public Law 110–161, $1,400,000 are hereby re4 scinded. 

5 MILITARY CONSTRUCTION, AIR NATIONAL GUARD

6 For construction, acquisition, expansion, rehabilita7 tion, and conversion of facilities for the training and ad8 ministration of the Air National Guard, and contributions 

9 therefor, as authorized by chapter 1803 of title 10, United 

10 States Code, and Military Construction Authorization 

11 Acts, $180,286,000, to remain available until September 

12 30, 2013. 

13 MILITARY CONSTRUCTION, ARMY RESERVE

14 For construction, acquisition, expansion, rehabilita15 tion, and conversion of facilities for the training and ad16 ministration of the Army Reserve as authorized by chapter 

17 1803 of title 10, United States Code, and Military Con18 struction Authorization Acts, $357,387,000, to remain 

19 available until September 30, 2013. 

20 MILITARY CONSTRUCTION, NAVY RESERVE

21 For construction, acquisition, expansion, rehabilita22 tion, and conversion of facilities for the training and ad23 ministration of the reserve components of the Navy and 

24 Marine Corps as authorized by chapter 1803 of title 10, 

25 United States Code, and Military Construction Authoriza-
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1 tion Acts, $61,045,000, to remain available until Sep2 tember 30, 2013. 

3 MILITARY CONSTRUCTION, AIR FORCE RESERVE

4 For construction, acquisition, expansion, rehabilita5 tion, and conversion of facilities for the training and ad6 ministration of the Air Force Reserve as authorized by 

7 chapter 1803 of title 10, United States Code, and Military 

8 Construction Authorization Acts, $29,915,000, to remain 

9 available until September 30, 2013. 

10 NORTH ATLANTIC TREATY ORGANIZATION SECURITY

11 INVESTMENT PROGRAM

12 For the United States share of the cost of the North 

13 Atlantic Treaty Organization Security Investment Pro14 gram for the acquisition and construction of military fa15 cilities and installations (including international military 

16 headquarters) and for related expenses for the collective 

17 defense of the North Atlantic Treaty Area as authorized 

18 by section 2806 of title 10, United States Code, and Mili19 tary Construction Authorization Acts, $240,867,000, to 

20 remain available until expended: Provided, That of the 

21 amount appropriated, not to exceed $22,000,000 shall be 

22 available for the United States share of the planning, de23 sign and construction of a new North Atlantic Treaty Or24 ganization headquarters. 
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1 FAMILY HOUSING CONSTRUCTION, ARMY

2 For expenses of family housing for the Army for con3 struction, including acquisition, replacement, addition, ex4 pansion, extension, and alteration, as authorized by law, 

5 $678,580,000, to remain available until September 30, 

6 2013. 

7 FAMILY HOUSING OPERATION AND MAINTENANCE, 

8 ARMY

9 For expenses of family housing for the Army for op10 eration and maintenance, including debt payment, leasing, 

11 minor construction, principal and interest charges, and in12 surance premiums, as authorized by law, $721,110,000. 

13 FAMILY HOUSING CONSTRUCTION, NAVY AND MARINE

14 CORPS

15 For expenses of family housing for the Navy and Ma16 rine Corps for construction, including acquisition, replace17 ment, addition, expansion, extension, and alteration, as 

18 authorized by law, $381,073,000, to remain available until 

19 September 30, 2013. 

20 FAMILY HOUSING OPERATION AND MAINTENANCE, 

21 NAVY AND MARINE CORPS

22 For expenses of family housing for the Navy and Ma23 rine Corps for operation and maintenance, including debt 

24 payment, leasing, minor construction, principal and inter-
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1 est charges, and insurance premiums, as authorized by 

2 law, $381,062,000. 

3 FAMILY HOUSING CONSTRUCTION, AIR FORCE

4 For expenses of family housing for the Air Force for 

5 construction, including acquisition, replacement, addition, 

6 expansion, extension, and alteration, as authorized by law, 

7 $395,879,000, to remain available until September 30, 

8 2013. 

9 FAMILY HOUSING OPERATION AND MAINTENANCE, AIR

10 FORCE

11 For expenses of family housing for the Air Force for 

12 operation and maintenance, including debt payment, leas13 ing, minor construction, principal and interest charges, 

14 and insurance premiums, as authorized by law, 

15 $604,465,000. 

16 FAMILY HOUSING OPERATION AND MAINTENANCE, 

17 DEFENSE-WIDE

18 For expenses of family housing for the activities and 

19 agencies of the Department of Defense (other than the 

20 military departments) for operation and maintenance, 

21 leasing, and minor construction, as authorized by law, 

22 $49,231,000. 
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1 DEPARTMENT OF DEFENSE FAMILY HOUSING

2 IMPROVEMENT FUND

3 For the Department of Defense Family Housing Im4 provement Fund, $850,000, to remain available until ex5 pended, for family housing initiatives undertaken pursu6 ant to section 2883 of title 10, United States Code, pro7 viding alternative means of acquiring and improving mili8 tary family housing and supporting facilities. 

9 HOMEOWNERS ASSISTANCE FUND

10 For the Homeowners Assistance Fund established by 

11 section 1013 of the Demonstration Cities and Metropoli12 tan Development Act of 1966, as amended (42 U.S.C. 

13 3374), $4,500,000, to remain available until expended. 

14 CHEMICAL DEMILITARIZATION CONSTRUCTION, 

15 DEFENSE-WIDE

16 For expenses of construction, not otherwise provided 

17 for, necessary for the destruction of the United States 

18 stockpile of lethal chemical agents and munitions in ac19 cordance with section 1412 of the Department of Defense 

20 Authorization Act, 1986 (50 U.S.C. 1521), and for the 

21 destruction of other chemical warfare materials that are 

22 not in the chemical weapon stockpile, as currently author23 ized by law, $144,278,000, to remain available until Sep24 tember 30, 2013, which shall be only for the Assembled 

25 Chemical Weapons Alternatives program. 
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1 DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT

2 1990 

3 For deposit into the Department of Defense Base 

4 Closure Account 1990, established by section 2906(a)(1) 

5 of the Defense Base Closure and Realignment Act of 1990 

6 (10 U.S.C. 2687 note), $468,377,000, to remain available 

7 until expended. 

8 DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT

9 2005 

10 For deposit into the Department of Defense Base 

11 Closure Account 2005, established by section 2906A(a)(1) 

12 of the Defense Base Closure and Realignment Act of 1990 

13 (10 U.S.C. 2687 note), $8,991,700,000, to remain avail14 able until expended: Provided, That the Department of 

15 Defense shall notify the Committees on Appropriations of 

16 both Houses of Congress 14 days prior to obligating an 

17 amount for a construction project that exceeds or reduces 

18 the amount identified for that project in the most recently 

19 submitted budget request for this account by 20 percent 

20 or $2,000,000, whichever is less: Provided further, That 

21 the previous proviso shall not apply to projects costing less 

22 than $5,000,000, except for those projects not previously 

23 identified in any budget submission for this account and 

24 exceeding the minor construction threshold under 10 

25 U.S.C. 2805. 
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1 ADMINISTRATIVE PROVISIONS

2 SEC. 101. None of the funds made available in this 

3 title shall be expended for payments under a cost-plus-a4 fixed-fee contract for construction, where cost estimates 

5 exceed $25,000, to be performed within the United States, 

6 except Alaska, without the specific approval in writing of 

7 the Secretary of Defense setting forth the reasons there8 for. 

9 SEC. 102. Funds made available in this title for con10 struction shall be available for hire of passenger motor ve11 hicles. 

12 SEC. 103. Funds made available in this title for con13 struction may be used for advances to the Federal High14 way Administration, Department of Transportation, for 

15 the construction of access roads as authorized by section 

16 210 of title 23, United States Code, when projects author17 ized therein are certified as important to the national de18 fense by the Secretary of Defense. 

19 SEC. 104. None of the funds made available in this 

20 title may be used to begin construction of new bases in 

21 the United States for which specific appropriations have 

22 not been made. 

23 SEC. 105. None of the funds made available in this 

24 title shall be used for purchase of land or land easements 

25 in excess of 100 percent of the value as determined by 
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1 the Army Corps of Engineers or the Naval Facilities Engi2 neering Command, except: (1) where there is a determina3 tion of value by a Federal court; (2) purchases negotiated 

4 by the Attorney General or the designee of the Attorney 

5 General; (3) where the estimated value is less than 

6 $25,000; or (4) as otherwise determined by the Secretary 

7 of Defense to be in the public interest. 

8 SEC. 106. None of the funds made available in this 

9 title shall be used to: (1) acquire land; (2) provide for site 

10 preparation; or (3) install utilities for any family housing, 

11 except housing for which funds have been made available 

12 in annual Acts making appropriations for military con13 struction. 

14 SEC. 107. None of the funds made available in this 

15 title for minor construction may be used to transfer or 

16 relocate any activity from one base or installation to an17 other, without prior notification to the Committees on Ap18 propriations of both Houses of Congress. 

19 SEC. 108. None of the funds made available in this 

20 title may be used for the procurement of steel for any con21 struction project or activity for which American steel pro22 ducers, fabricators, and manufacturers have been denied 

23 the opportunity to compete for such steel procurement. 

24 SEC. 109. None of the funds available to the Depart25 ment of Defense for military construction or family hous-
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1 ing during the current fiscal year may be used to pay real 

2 property taxes in any foreign nation. 

3 SEC. 110. None of the funds made available in this 

4 title may be used to initiate a new installation overseas 

5 without prior notification to the Committees on Appro6 priations of both Houses of Congress. 

7 SEC. 111. None of the funds made available in this 

8 title may be obligated for architect and engineer contracts 

9 estimated by the Government to exceed $500,000 for 

10 projects to be accomplished in Japan, in any North Atlan11 tic Treaty Organization member country, or in countries 

12 bordering the Arabian Sea, unless such contracts are 

13 awarded to United States firms or United States firms 

14 in joint venture with host nation firms. 

15 SEC. 112. None of the funds made available in this 

16 title for military construction in the United States terri17 tories and possessions in the Pacific and on Kwajalein 

18 Atoll, or in countries bordering the Arabian Sea, may be 

19 used to award any contract estimated by the Government 

20 to exceed $1,000,000 to a foreign contractor: Provided, 

21 That this section shall not be applicable to contract 

22 awards for which the lowest responsive and responsible bid 

23 of a United States contractor exceeds the lowest respon24 sive and responsible bid of a foreign contractor by greater 

25 than 20 percent: Provided further, That this section shall 
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1 not apply to contract awards for military construction on 

2 Kwajalein Atoll for which the lowest responsive and re3 sponsible bid is submitted by a Marshallese contractor. 

4 SEC. 113. The Secretary of Defense is to inform the 

5 appropriate committees of both Houses of Congress, in6 cluding the Committees on Appropriations, of the plans 

7 and scope of any proposed military exercise involving 

8 United States personnel 30 days prior to its occurring, 

9 if amounts expended for construction, either temporary or 

10 permanent, are anticipated to exceed $100,000. 

11 SEC. 114. Not more than 20 percent of the funds 

12 made available in this title which are limited for obligation 

13 during the current fiscal year shall be obligated during 

14 the last two months of the fiscal year. 

15 (INCLUDING TRANSFER OF FUNDS)

16 SEC. 115. Funds appropriated to the Department of 

17 Defense for construction in prior years shall be available 

18 for construction authorized for each such military depart19 ment by the authorizations enacted into law during the 

20 current session of Congress. 

21 SEC. 116. For military construction or family housing 

22 projects that are being completed with funds otherwise ex23 pired or lapsed for obligation, expired or lapsed funds may 

24 be used to pay the cost of associated supervision, inspec25 tion, overhead, engineering and design on those projects 

26 and on subsequent claims, if any. 
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1 SEC. 117. Notwithstanding any other provision of 

2 law, any funds made available to a military department 

3 or defense agency for the construction of military projects 

4 may be obligated for a military construction project or 

5 contract, or for any portion of such a project or contract, 

6 at any time before the end of the fourth fiscal year after 

7 the fiscal year for which funds for such project were made 

8 available, if the funds obligated for such project: (1) are 

9 obligated from funds available for military construction 

10 projects; and (2) do not exceed the amount appropriated 

11 for such project, plus any amount by which the cost of 

12 such project is increased pursuant to law. 

13 SEC. 118. (a) The Secretary of Defense, in consulta14 tion with the Secretary of State, shall submit to the Com15 mittees on Appropriations of both Houses of Congress, by 

16 February 15 of each year, an annual report in unclassified 

17 and, if necessary, classified form, on actions taken by the 

18 Department of Defense and the Department of State dur19 ing the previous fiscal year to encourage host countries 

20 to assume a greater share of the common defense burden 

21 of such countries and the United States. 

22 (b) The report under subsection (a) shall include a 

23 description of— 
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1 (1) attempts to secure cash and in-kind con2 tributions from host countries for military construc3 tion projects; 

4 (2) attempts to achieve economic incentives of5 fered by host countries to encourage private invest6 ment for the benefit of the United States Armed 

7 Forces; 

8 (3) attempts to recover funds due to be paid to 

9 the United States by host countries for assets deed10 ed or otherwise imparted to host countries upon the 

11 cessation of United States operations at military in12 stallations; 

13 (4) the amount spent by host countries on de14 fense, in dollars and in terms of the percent of gross 

15 domestic product (GDP) of the host country; and 

16 (5) for host countries that are members of the 

17 North Atlantic Treaty Organization (NATO), the 

18 amount contributed to NATO by host countries, in 

19 dollars and in terms of the percent of the total 

20 NATO budget. 

21 (c) In this section, the term ‘‘host country’’ means 

22 other member countries of NATO, Japan, South Korea, 

23 and United States allies bordering the Arabian Sea. 

24 (INCLUDING TRANSFER OF FUNDS)

25 SEC. 119. In addition to any other transfer authority 

26 available to the Department of Defense, proceeds depos-
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1 ited to the Department of Defense Base Closure Account 

2 established by section 207(a)(1) of the Defense Authoriza3 tion Amendments and Base Closure and Realignment Act 

4 (10 U.S.C. 2687 note) pursuant to section 207(a)(2)(C) 

5 of such Act, may be transferred to the account established 

6 by section 2906(a)(1) of the Defense Base Closure and 

7 Realignment Act of 1990 (10 U.S.C. 2687 note), to be 

8 merged with, and to be available for the same purposes 

9 and the same time period as that account. 

10 (INCLUDING TRANSFER OF FUNDS)

11 SEC. 120. Subject to 30 days prior notification to the 

12 Committees on Appropriations of both Houses of Con13 gress, such additional amounts as may be determined by 

14 the Secretary of Defense may be transferred to: (1) the 

15 Department of Defense Family Housing Improvement 

16 Fund from amounts appropriated for construction in 

17 ‘‘Family Housing’’ accounts, to be merged with and to be 

18 available for the same purposes and for the same period 

19 of time as amounts appropriated directly to the Fund; or 

20 (2) the Department of Defense Military Unaccompanied 

21 Housing Improvement Fund from amounts appropriated 

22 for construction of military unaccompanied housing in 

23 ‘‘Military Construction’’ accounts, to be merged with and 

24 to be available for the same purposes and for the same 

25 period of time as amounts appropriated directly to the 

26 Fund: Provided, That appropriations made available to 
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1 the Funds shall be available to cover the costs, as defined 

2 in section 502(5) of the Congressional Budget Act of 

3 1974, of direct loans or loan guarantees issued by the De4 partment of Defense pursuant to the provisions of sub5 chapter IV of chapter 169 of title 10, United States Code, 

6 pertaining to alternative means of acquiring and improv7 ing military family housing, military unaccompanied hous8 ing, and supporting facilities. 

9 SEC. 121. (a) Not later than 60 days before issuing 

10 any solicitation for a contract with the private sector for 

11 military family housing the Secretary of the military de12 partment concerned shall submit to the Committees on 

13 Appropriations of both Houses of Congress the notice de14 scribed in subsection (b). 

15 (b)(1) A notice referred to in subsection (a) is a no16 tice of any guarantee (including the making of mortgage 

17 or rental payments) proposed to be made by the Secretary 

18 to the private party under the contract involved in the 

19 event of— 

20 (A) the closure or realignment of the installa21 tion for which housing is provided under the con22 tract; 

23 (B) a reduction in force of units stationed at 

24 such installation; or 
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1 (C) the extended deployment overseas of units 

2 stationed at such installation. 

3 (2) Each notice under this subsection shall specify 

4 the nature of the guarantee involved and assess the extent 

5 and likelihood, if any, of the liability of the Federal Gov6 ernment with respect to the guarantee. 

7 (INCLUDING TRANSFER OF FUNDS)

8 SEC. 122. In addition to any other transfer authority 

9 available to the Department of Defense, amounts may be 

10 transferred from the accounts established by sections 

11 2906(a)(1) and 2906A(a)(1) of the Defense Base Closure 

12 and Realignment Act of 1990 (10 U.S.C. 2687 note), to 

13 the fund established by section 1013(d) of the Demonstra14 tion Cities and Metropolitan Development Act of 1966 (42 

15 U.S.C. 3374) to pay for expenses associated with the 

16 Homeowners Assistance Program. Any amounts trans17 ferred shall be merged with and be available for the same 

18 purposes and for the same time period as the fund to 

19 which transferred. 

20 SEC. 123. Funds made available in this title for oper21 ation and maintenance of family housing shall be the ex22 clusive source of funds for repair and maintenance of all 

23 family housing units, including general or flag officer 

24 quarters: Provided, That not more than $35,000 per unit 

25 may be spent annually for the maintenance and repair of 

26 any general or flag officer quarters without 30 days prior 
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1 notification to the Committees on Appropriations of both 

2 Houses of Congress, except that an after-the-fact notifica3 tion shall be submitted if the limitation is exceeded solely 

4 due to costs associated with environmental remediation 

5 that could not be reasonably anticipated at the time of 

6 the budget submission: Provided further, That the Under 

7 Secretary of Defense (Comptroller) is to report annually 

8 to the Committees on Appropriations of both Houses of 

9 Congress all operation and maintenance expenditures for 

10 each individual general or flag officer quarters for the 

11 prior fiscal year. 

12 SEC. 124. Amounts contained in the Ford Island Im13 provement Account established by subsection (h) of sec14 tion 2814 of title 10, United States Code, are appro15 priated and shall be available until expended for the pur16 poses specified in subsection (i)(1) of such section or until 

17 transferred pursuant to subsection (i)(3) of such section. 

18 (INCLUDING TRANSFER OF FUNDS)

19 SEC. 125. None of the funds made available in this 

20 title, or in any Act making appropriations for military con21 struction which remain available for obligation, may be ob22 ligated or expended to carry out a military construction, 

23 land acquisition, or family housing project at or for a mili24 tary installation approved for closure, or at a military in25 stallation for the purposes of supporting a function that 

26 has been approved for realignment to another installation, 
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1 in 2005 under the Defense Base Closure and Realignment 

2 Act of 1990 (part A of title XXIX of Public Law 101– 

3 510; 10 U.S.C. 2687 note), unless such a project at a mili4 tary installation approved for realignment will support a 

5 continuing mission or function at that installation or a 

6 new mission or function that is planned for that installa7 tion, or unless the Secretary of Defense certifies that the 

8 cost to the United States of carrying out such project 

9 would be less than the cost to the United States of cancel10 ling such project, or if the project is at an active compo11 nent base that shall be established as an enclave or in the 

12 case of projects having multi-agency use, that another 

13 Government agency has indicated it will assume ownership 

14 of the completed project. The Secretary of Defense may 

15 not transfer funds made available as a result of this limi16 tation from any military construction project, land acquisi17 tion, or family housing project to another account or use 

18 such funds for another purpose or project without the 

19 prior approval of the Committees on Appropriations of 

20 both Houses of Congress. This section shall not apply to 

21 military construction projects, land acquisition, or family 

22 housing projects for which the project is vital to the na23 tional security or the protection of health, safety, or envi24 ronmental quality: Provided, That the Secretary of De25 fense shall notify the congressional defense committees 
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1 within seven days of a decision to carry out such a military 

2 construction project. 

3 (INCLUDING TRANSFER OF FUNDS)

4 SEC. 126. During the 5-year period after appropria5 tions available in this Act to the Department of Defense 

6 for military construction and family housing operation and 

7 maintenance and construction have expired for obligation, 

8 upon a determination that such appropriations will not be 

9 necessary for the liquidation of obligations or for making 

10 authorized adjustments to such appropriations for obliga11 tions incurred during the period of availability of such ap12 propriations, unobligated balances of such appropriations 

13 may be transferred into the appropriation ‘‘Foreign Cur14 rency Fluctuations, Construction, Defense’’, to be merged 

15 with and to be available for the same time period and for 

16 the same purposes as the appropriation to which trans17 ferred. 

18 SEC. 127. Amounts appropriated or otherwise made 

19 available in this title for ‘‘Military Construction, Army’’, 

20 ‘‘Military Construction, Navy and Marine Corps’’, Military 

21 Construction, Air Force’’, ‘‘Military Construction, De22 fense-Wide’’, Military Construction, Army National 

23 Guard’’, ‘‘Military Construction, Air National Guard’’, 

24 ‘‘Military Construction, Army Reserve’’, Military Con25 struction, Navy Reserve’’, ‘‘Military Construction, Air 

26 Force Reserve’’, ‘‘Family Housing Construction, Army’’, 
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1 ‘‘Family Housing Construction, Navy and Marine Corps’’, 

2 ‘‘Family Housing Construction, Air Force’’, ‘‘Family 

3 Housing Construction, Defense-Wide’’, and ‘‘Chemical 

4 Demilitarization Construction, Defense-Wide’’ shall be for 

5 the projects and activities, and in the amounts specified, 

6 identified under those headings in the Committee rec7 ommendations and detail tables, including the table enti8 tled ‘‘Military Construction Project Listing by Location’’ 

9 in the report accompanying this Act: Provided, That 

10 amounts appropriated or otherwise made available in an 

11 account listed in this provision may be transferred among 

12 projects and activities within that account in accordance 

13 with the reprogramming guidelines for military construc14 tion and family housing construction contained in the re15 port accompanying this Act, and in the guidance for mili16 tary construction reprogrammings and notifications con17 tained in Department of Defense Financial Management 

18 Regulation 7000.14–R, Volume 3, Chapter 7, of December 

19 1996, as in effect on the date of enactment of this Act. 

20 (INCLUDING TRANSFER OF FUNDS)

21 SEC. 128. (a) Of the amount appropriated or other22 wise made available by this Act for the Department of De23 fense under the heading ‘‘Military Construction, Air 

24 Force’’ and available for planning and design, the Sec25 retary of the Air Force shall, in accordance with section 

26 1535 of title 31, United States Code, transfer $500,000 
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1 to the American Battle Monuments Commission to con2 duct an engineering study on the restoration of the Lafay3 ette Escadrille Memorial in Marnes-La-Coquette, France. 

4 (b) The study conducted pursuant to subsection (a) 

5 shall include: 

6 (1) an estimate of costs to be incurred to re7 store the structure, features, landscaped grounds 

8 and caretaker’s quarters of the Lafayette Escadrille 

9 Memorial to standards similar to memorials and 

10 burial grounds administered by the American Battle 

11 Monuments Commission; and 

12 (2) an estimate of annual costs for the long13 term preservation, maintenance, and operation of 

14 the memorial under those standards. 

15 (c) The amount transferred under subsection (a) 

16 shall remain available until expended. 

17 (d) Not later than 18 months after the date of the 

18 transfer of funds to the American Battle Monuments 

19 Commission, the Commission shall submit to the Commit20 tees on Appropriations of both Houses of Congress a re21 port on the findings of the study conducted pursuant to 

22 subsection (a). 
26 

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1 TITLE II 

2 DEPARTMENT OF VETERANS AFFAIRS 

3 VETERANS BENEFITS ADMINISTRATION

4 COMPENSATION AND PENSIONS

5 (INCLUDING TRANSFER OF FUNDS)

6 For the payment of compensation benefits to or on 

7 behalf of veterans and a pilot program for disability ex8 aminations as authorized by section 107 and chapters 11, 

9 13, 18, 51, 53, 55, and 61 of title 38, United States Code; 

10 pension benefits to or on behalf of veterans as authorized 

11 by chapters 15, 51, 53, 55, and 61 of title 38, United 

12 States Code; and burial benefits, the Reinstated Entitle13 ment Program for Survivors, emergency and other offi14 cers’ retirement pay, adjusted-service credits and certifi15 cates, payment of premiums due on commercial life insur16 ance policies guaranteed under the provisions of title IV 

17 of the Servicemembers Civil Relief Act (50 U.S.C. App. 

18 541 et seq.) and for other benefits as authorized by sec19 tions 107, 1312, 1977, and 2106, and chapters 23, 51, 

20 53, 55, and 61 of title 38, United States Code, 

21 $43,111,681,000, to remain available until expended: Pro22 vided, That not to exceed $26,798,000 of the amount ap23 propriated under this heading shall be reimbursed to 

24 ‘‘General operating expenses’’, ‘‘Medical services’’, and 

25 ‘‘Information technology systems’’ for necessary expenses 

26 in implementing the provisions of chapters 51, 53, and 
27 

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1 55 of title 38, United States Code, the funding source for 

2 which is specifically provided as the ‘‘Compensation and 

3 pensions’’ appropriation: Provided further, That such sums 

4 as may be earned on an actual qualifying patient basis, 

5 shall be reimbursed to ‘‘Medical care collections fund’’ to 

6 augment the funding of individual medical facilities for 

7 nursing home care provided to pensioners as authorized. 

8 READJUSTMENT BENEFITS

9 For the payment of readjustment and rehabilitation 

10 benefits to or on behalf of veterans as authorized by chap11 ters 21, 30, 31, 34, 35, 36, 39, 51, 53, 55, and 61 of 

12 title 38, United States Code, $3,832,944,000, to remain 

13 available until expended: Provided, That expenses for re14 habilitation program services and assistance which the 

15 Secretary is authorized to provide under subsection (a) of 

16 section 3104 of title 38, United States Code, other than 

17 under paragraphs (1), (2), (5), and (11) of that sub18 section, shall be charged to this account. 

19 VETERANS INSURANCE AND INDEMNITIES

20 For military and naval insurance, national service life 

21 insurance, servicemen’s indemnities, service-disabled vet22 erans insurance, and veterans mortgage life insurance as 

23 authorized by title 38, United States Code, chapters 19 

24 and 21, $42,300,000, to remain available until expended. 
28 

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1 VETERANS HOUSING BENEFIT PROGRAM FUND

2 For the cost of direct and guaranteed loans, such 

3 sums as may be necessary to carry out the program, as 

4 authorized by subchapters I through III of chapter 37 of 

5 title 38, United States Code: Provided, That such costs, 

6 including the cost of modifying such loans, shall be as de7 fined in section 502 of the Congressional Budget Act of 

8 1974: Provided further, That during fiscal year 2009, 

9 within the resources available, not to exceed $500,000 in 

10 gross obligations for direct loans are authorized for spe11 cially adapted housing loans. 

12 In addition, for administrative expenses to carry out 

13 the direct and guaranteed loan programs, $157,210,000. 

14 VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT

15 (INCLUDING TRANSFER OF FUNDS)

16 For the cost of direct loans, $61,000, as authorized 

17 by chapter 31 of title 38, United States Code: Provided, 

18 That such costs, including the cost of modifying such 

19 loans, shall be as defined in section 502 of the Congres20 sional Budget Act of 1974: Provided further, That funds 

21 made available under this heading are available to sub22 sidize gross obligations for the principal amount of direct 

23 loans not to exceed $3,180,000. 

24 In addition, for administrative expenses necessary to 

25 carry out the direct loan program, $320,000, which may 
29 

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1 be paid to the appropriation for ‘‘General operating ex2 penses’’. 

3 NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM

4 ACCOUNT

5 For administrative expenses to carry out the direct 

6 loan program authorized by subchapter V of chapter 37 

7 of title 38, United States Code, $646,000. 

8 GUARANTEED TRANSITIONAL HOUSING LOANS FOR

9 HOMELESS VETERANS PROGRAM ACCOUNT

10 For the administrative expenses to carry out the 

11 guaranteed transitional housing loan program authorized 

12 by subchapter VI of chapter 20 of title 38, United States 

13 Code, not to exceed $750,000 of the amounts appropriated 

14 by this Act for ‘‘General operating expenses’’ and ‘‘Med15 ical services’’ may be expended. 

16 VETERANS HEALTH ADMINISTRATION

17 MEDICAL SERVICES

18 (INCLUDING TRANSFER OF FUNDS)

19 For necessary expenses for furnishing, as authorized 

20 by law, inpatient and outpatient care and treatment to 

21 beneficiaries of the Department of Veterans Affairs and 

22 veterans described in section 1705(a) of title 38, United 

23 States Code, including care and treatment in facilities not 

24 under the jurisdiction of the Department, and including 

25 medical supplies and equipment, food services, and sala26 ries and expenses of health-care employees hired under 
30 

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1 title 38, United States Code, and aid to State homes as 

2 authorized by section 1741 of title 38, United States Code; 

3 and for necessary expenses in the administration of the 

4 medical, hospital, nursing home, domiciliary, construction, 

5 supply, and research activities, as authorized by law; ad6 ministrative expenses in support of capital policy activi7 ties; and administrative and legal expenses of the Depart8 ment for collecting and recovering amounts owed the De9 partment as authorized under chapter 17 of title 38, 

10 United States Code, and the Federal Medical Care Recov11 ery Act (42 U.S.C. 2651 et seq.); $35,590,432,000 plus 

12 reimbursements, of which $250,000,000 shall be for estab13 lishment and implementation of a new rural health out14 reach and delivery initiative: Provided, That of the funds 

15 made available under this heading, not to exceed 

16 $1,850,000,000 shall be available until September 30, 

17 2010: Provided further, That, notwithstanding any other 

18 provision of law, the Secretary of Veterans Affairs shall 

19 establish a priority for the provision of medical treatment 

20 for veterans who have service-connected disabilities, lower 

21 income, or have special needs: Provided further, That, not22 withstanding any other provision of law, the Secretary of 

23 Veterans Affairs shall give priority funding for the provi24 sion of basic medical benefits to veterans in enrollment 

25 priority groups 1 through 6: Provided further, That, not-
31 

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1 withstanding any other provision of law, the Secretary of 

2 Veterans Affairs may authorize the dispensing of prescrip3 tion drugs from Veterans Health Administration facilities 

4 to enrolled veterans with privately written prescriptions 

5 based on requirements established by the Secretary: Pro6 vided further, That the implementation of the program de7 scribed in the previous proviso shall incur no additional 

8 cost to the Department of Veterans Affairs: Provided fur9 ther, That for the Department of Defense/Department of 

10 Veterans Affairs Health Care Sharing Incentive Fund, as 

11 authorized by section 8111(d) of title 38, United States 

12 Code, a minimum of $15,000,000, to remain available 

13 until expended, for any purpose authorized by section 

14 8111 of title 38, United States Code. 

15 MEDICAL FACILITIES

16 For necessary expenses for the maintenance and op17 eration of hospitals, nursing homes, and domiciliary facili18 ties and other necessary facilities of the Veterans Health 

19 Administration; for administrative expenses in support of 

20 planning, design, project management, real property ac21 quisition and disposition, construction, and renovation of 

22 any facility under the jurisdiction or for the use of the 

23 Department; for oversight, engineering, and architectural 

24 activities not charged to project costs; for repairing, alter25 ing, improving, or providing facilities in the several hos26 pitals and homes under the jurisdiction of the Depart-
32 

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1 ment, not otherwise provided for, either by contract or by 

2 the hire of temporary employees and purchase of mate3 rials; for leases of facilities; and for laundry services, 

4 $4,961,000,000, plus reimbursements, of which 

5 $350,000,000 shall be available until September 30, 2010: 

6 Provided, That $300,000,000 for non-recurring mainte7 nance provided under this heading shall be allocated in 

8 a manner not subject to the Veterans Equitable Resource 

9 Allocation. 

10 MEDICAL AND PROSTHETIC RESEARCH

11 For necessary expenses in carrying out programs of 

12 medical and prosthetic research and development as au13 thorized by chapter 73 of title 38, United States Code, 

14 $526,800,000, plus reimbursements, to remain available 

15 until September 30, 2010. 

16 NATIONAL CEMETERY ADMINISTRATION

17 For necessary expenses of the National Cemetery Ad18 ministration for operations and maintenance, not other19 wise provided for, including uniforms or allowances there20 for; cemeterial expenses as authorized by law; purchase 

21 of one passenger motor vehicle for use in cemeterial oper22 ations; hire of passenger motor vehicles; and repair, alter23 ation or improvement of facilities under the jurisdiction 

24 of the National Cemetery Administration, $230,000,000, 

25 of which not to exceed $23,000,000 shall be available until 

26 September 30, 2010. 
33 

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1 DEPARTMENTAL ADMINISTRATION

2 GENERAL OPERATING EXPENSES

3 For necessary operating expenses of the Department 

4 of Veterans Affairs, not otherwise provided for, including 

5 administrative expenses in support of Department-Wide 

6 capital planning, management and policy activities, uni7 forms, or allowances therefor; not to exceed $25,000 for 

8 official reception and representation expenses; hire of pas9 senger motor vehicles; and reimbursement of the General 

10 Services Administration for security guard services, and 

11 the Department of Defense for the cost of overseas em12 ployee mail, $1,779,125,000: Provided, That expenses for 

13 services and assistance authorized under paragraphs (1), 

14 (2), (5), and (11) of section 3104(a) of title 38, United 

15 States Code, that the Secretary of Veterans Affairs deter16 mines are necessary to enable entitled veterans: (1) to the 

17 maximum extent feasible, to become employable and to ob18 tain and maintain suitable employment; or (2) to achieve 

19 maximum independence in daily living, shall be charged 

20 to this account: Provided further, That the Veterans Bene21 fits Administration shall be funded at not less than 

22 $1,441,753,000: Provided further, That of the funds made 

23 available under this heading, not to exceed $83,000,000 

24 shall be available for obligation until September 30, 2010: 

25 Provided further, That from the funds made available 
34 

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1 under this heading, the Veterans Benefits Administration 

2 may purchase (on a one-for-one replacement basis only) 

3 up to two passenger motor vehicles for use in operations 

4 of that Administration in Manila, Philippines. 

5 INFORMATION TECHNOLOGY SYSTEMS

6 For necessary expenses for information technology 

7 systems and telecommunications support, including devel8 opmental information systems and operational information 

9 systems; including pay and associated cost for operations 

10 and maintenance associated staff; for the capital asset ac11 quisition of information technology systems, including 

12 management and related contractual costs of said acquisi13 tions, including contractual costs associated with oper14 ations authorized by section 3109 of title 5, United States 

15 Code, $2,471,166,000, plus reimbursements, to be avail16 able until September 30, 2010: Provided, That of the 

17 funds made available under this heading, not less than 

18 $67,200,000 shall be for the Financial and Logistics Inte19 grated Technology Enterprise program: Provided further, 

20 That none of these funds may be obligated until the De21 partment of Veterans Affairs submits to the Committees 

22 on Appropriations of both Houses of Congress, and such 

23 Committees approve, a plan for expenditure that: (1) 

24 meets the capital planning and investment control review 

25 requirements established by the Office of Management 

26 and Budget; (2) complies with the Department of Vet-
35 

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1 erans Affairs enterprise architecture; (3) conforms with an 

2 established enterprise life cycle methodology; and (4) com3 plies with the acquisition rules, requirements, guidelines, 

4 and systems acquisition management practices of the Fed5 eral Government: Provided further, That within 30 days 

6 of enactment of this Act, the Secretary of Veterans Affairs 

7 shall submit to the Committees on Appropriations of both 

8 Houses of Congress a reprogramming base letter which 

9 provides, by project, the costs included in this appropria10 tion. 

11 OFFICE OF INSPECTOR GENERAL

12 For necessary expenses of the Office of Inspector 

13 General, to include information technology, in carrying out 

14 the provisions of the Inspector General Act of 1978 (5 

15 U.S.C. App.), $93,900,000, of which $5,000,000 shall be 

16 available until September 30, 2010. 

17 CONSTRUCTION, MAJOR PROJECTS

18 For constructing, altering, extending, and improving 

19 any of the facilities, including parking projects, under the 

20 jurisdiction or for the use of the Department of Veterans 

21 Affairs, or for any of the purposes set forth in sections 

22 316, 2404, 2406, 8102, 8103, 8106, 8108, 8109, 8110, 

23 and 8122 of title 38, United States Code, including plan24 ning, architectural and engineering services, construction 

25 management services, maintenance or guarantee period 

26 services costs associated with equipment guarantees pro-
36 

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1 vided under the project, services of claims analysts, offsite 

2 utility and storm drainage system construction costs, and 

3 site acquisition, where the estimated cost of a project is 

4 more than the amount set forth in section 8104(a)(3)(A) 

5 of title 38, United States Code, or where funds for a 

6 project were made available in a previous major project 

7 appropriation, $1,217,747,000, to remain available until 

8 expended, of which $10,000,000 shall be to make reim9 bursements as provided in section 13 of the Contract Dis10 putes Act of 1978 (41 U.S.C. 612) for claims paid for 

11 contract disputes: Provided, That except for advance plan12 ning activities, including needs assessments which may or 

13 may not lead to capital investments, and other capital 

14 asset management related activities, including portfolio 

15 development and management activities, and investment 

16 strategy studies funded through the advance planning 

17 fund and the planning and design activities funded 

18 through the design fund, including needs assessments 

19 which may or may not lead to capital investments, and 

20 funds provided for the purchase of land for the National 

21 Cemetery Administration through the land acquisition line 

22 item, none of the funds appropriated under this heading 

23 shall be used for any project which has not been approved 

24 by the Congress in the budgetary process: Provided fur25 ther, That funds provided in this appropriation for fiscal 
37 

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1 year 2009, for each approved project shall be obligated: 

2 (1) by the awarding of a construction documents contract 

3 by September 30, 2009; and (2) by the awarding of a con4 struction contract by September 30, 2010: Provided fur5 ther, That the Secretary of Veterans Affairs shall promptly 

6 submit to the Committees on Appropriations of both 

7 Houses of Congress a written report on any approved 

8 major construction project for which obligations are not 

9 incurred within the time limitations established above. 

10 CONSTRUCTION, MINOR PROJECTS

11 For constructing, altering, extending, and improving 

12 any of the facilities, including parking projects, under the 

13 jurisdiction or for the use of the Department of Veterans 

14 Affairs, including planning and assessments of needs 

15 which may lead to capital investments, architectural and 

16 engineering services, maintenance or guarantee period 

17 services costs associated with equipment guarantees pro18 vided under the project, services of claims analysts, offsite 

19 utility and storm drainage system construction costs, and 

20 site acquisition, or for any of the purposes set forth in 

21 sections 316, 2404, 2406, 8102, 8103, 8106, 8108, 8109, 

22 8110, 8122, and 8162 of title 38, United States Code, 

23 where the estimated cost of a project is equal to or less 

24 than the amount set forth in section 8104(a)(3)(A) of title 

25 38, United States Code, $729,418,000, to remain avail26 able until expended, along with unobligated balances of 
38 

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1 previous ‘‘Construction, minor projects’’ appropriations 

2 which are hereby made available for any project where the 

3 estimated cost is equal to or less than the amount set forth 

4 in such section: Provided, That funds in this account shall 

5 be available for: (1) repairs to any of the nonmedical facili6 ties under the jurisdiction or for the use of the Depart7 ment which are necessary because of loss or damage 

8 caused by any natural disaster or catastrophe; and (2) 

9 temporary measures necessary to prevent or to minimize 

10 further loss by such causes. 

11 GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE

12 FACILITIES

13 For grants to assist States to acquire or construct 

14 State nursing home and domiciliary facilities and to re15 model, modify, or alter existing hospital, nursing home, 

16 and domiciliary facilities in State homes, for furnishing 

17 care to veterans as authorized by sections 8131 through 

18 8137 of title 38, United States Code, $250,000,000, to 

19 remain available until expended. 

20 GRANTS FOR CONSTRUCTION OF STATE VETERANS

21 CEMETERIES

22 For grants to assist States in establishing, expand23 ing, or improving State veterans cemeteries as authorized 

24 by section 2408 of title 38, United States Code, 

25 $42,000,000, to remain available until expended. 
39 

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1 ADMINISTRATIVE PROVISIONS

2 (INCLUDING TRANSFER OF FUNDS)

3 SEC. 201. Any appropriation for fiscal year 2009 for 

4 ‘‘Compensation and pensions’’, ‘‘Readjustment benefits’’, 

5 and ‘‘Veterans insurance and indemnities’’ may be trans6 ferred as necessary to any other of the mentioned appro7 priations: Provided, That before a transfer may take place, 

8 the Secretary of Veterans Affairs shall request from the 

9 Committees on Appropriations of both Houses of Congress 

10 the authority to make the transfer and such Committees 

11 issue an approval, or absent a response, a period of 30 

12 days has elapsed. 

13 (INCLUDING TRANSFER OF FUNDS)

14 SEC. 202. Amounts made available for the Depart15 ment of Veterans Affairs for fiscal year 2009, in this Act 

16 or any other Act, under the ‘‘Medical services’’ and ‘‘Med17 ical facilities’’ accounts may be transferred between the 

18 accounts to the extent necessary to implement the restruc19 turing of the Veterans Health Administration accounts: 

20 Provided, That before a transfer may take place, the Sec21 retary of Veterans Affairs shall request from the Commit22 tees on Appropriations of both Houses of Congress the 

23 authority to make the transfer and an approval is issued. 

24 SEC. 203. Appropriations available in this title for 

25 salaries and expenses shall be available for services au26 thorized by section 3109 of title 5, United States Code, 
40 

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1 hire of passenger motor vehicles; lease of a facility or land 

2 or both; and uniforms or allowances therefore, as author3 ized by sections 5901 through 5902 of title 5, United 

4 States Code. 

5 SEC. 204. No appropriations in this title (except the 

6 appropriations for ‘‘Construction, major projects’’, and 

7 ‘‘Construction, minor projects’’) shall be available for the 

8 purchase of any site for or toward the construction of any 

9 new hospital or home. 

10 SEC. 205. No appropriations in this title shall be 

11 available for hospitalization or examination of any persons 

12 (except beneficiaries entitled to such hospitalization or ex13 amination under the laws providing such benefits to vet14 erans, and persons receiving such treatment under sec15 tions 7901 through 7904 of title 5, United States Code, 

16 or the Robert T. Stafford Disaster Relief and Emergency 

17 Assistance Act (42 U.S.C. 5121 et seq.)), unless reim18 bursement of the cost of such hospitalization or examina19 tion is made to the ‘‘Medical services’’ account at such 

20 rates as may be fixed by the Secretary of Veterans Affairs. 

21 SEC. 206. Appropriations available in this title for 

22 ‘‘Compensation and pensions’’, ‘‘Readjustment benefits’’, 

23 and ‘‘Veterans insurance and indemnities’’ shall be avail24 able for payment of prior year accrued obligations re25 quired to be recorded by law against the corresponding 
41 

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1 prior year accounts within the last quarter of fiscal year 

2 2008. 

3 SEC. 207. Appropriations available in this title shall 

4 be available to pay prior year obligations of corresponding 

5 prior year appropriations accounts resulting from sections 

6 3328(a), 3334, and 3712(a) of title 31, United States 

7 Code, except that if such obligations are from trust fund 

8 accounts they shall be payable only from ‘‘Compensation 

9 and pensions’’. 

10 (INCLUDING TRANSFER OF FUNDS)

11 SEC. 208. Notwithstanding any other provision of 

12 law, during fiscal year 2009, the Secretary of Veterans 

13 Affairs shall, from the National Service Life Insurance 

14 Fund (38 U.S.C. 1920), the Veterans’ Special Life Insur15 ance Fund (38 U.S.C. 1923), and the United States Gov16 ernment Life Insurance Fund (38 U.S.C. 1955), reim17 burse the ‘‘General operating expenses’’ and ‘‘Information 

18 technology systems’’ accounts for the cost of administra19 tion of the insurance programs financed through those ac20 counts: Provided, That reimbursement shall be made only 

21 from the surplus earnings accumulated in such an insur22 ance program during fiscal year 2009 that are available 

23 for dividends in that program after claims have been paid 

24 and actuarially determined reserves have been set aside: 

25 Provided further, That if the cost of administration of such 

26 an insurance program exceeds the amount of surplus earn-
42 

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1 ings accumulated in that program, reimbursement shall be 

2 made only to the extent of such surplus earnings: Provided 

3 further, That the Secretary shall determine the cost of ad4 ministration for fiscal year 2009 which is properly allo5 cable to the provision of each such insurance program and 

6 to the provision of any total disability income insurance 

7 included in that insurance program. 

8 SEC. 209. Amounts deducted from enhanced-use 

9 lease proceeds to reimburse an account for expenses in10 curred by that account during a prior fiscal year for pro11 viding enhanced-use lease services, may be obligated dur12 ing the fiscal year in which the proceeds are received. 

13 (INCLUDING TRANSFER OF FUNDS)

14 SEC. 210. Funds available in this title or funds for 

15 salaries and other administrative expenses shall also be 

16 available to reimburse the Office of Resolution Manage17 ment of the Department of Veterans Affairs and the Of18 fice of Employment Discrimination Complaint Adjudica19 tion under section 319 of title 38, United States Code, 

20 for all services provided at rates which will recover actual 

21 costs but not exceed $34,158,000 for the Office of Resolu22 tion Management and $3,278,000 for the Office of Em23 ployment and Discrimination Complaint Adjudication: 

24 Provided, That payments may be made in advance for 

25 services to be furnished based on estimated costs: Provided 

26 further, That amounts received shall be credited to the 
43 

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1 ‘‘General operating expenses’’ and ‘‘Information tech2 nology systems’’ accounts for use by the office that pro3 vided the service. 

4 SEC. 211. No appropriations in this title shall be 

5 available to enter into any new lease of real property if 

6 the estimated annual rental is more than $1,000,000 un7 less the Secretary submits a report which the Committees 

8 on Appropriations of both Houses of Congress approve 

9 within 30 days following the date on which the report is 

10 received. 

11 SEC. 212. No funds of the Department of Veterans 

12 Affairs shall be available for hospital care, nursing home 

13 care, or medical services provided to any person under 

14 chapter 17 of title 38, United States Code, for a non-serv15 ice-connected disability described in section 1729(a)(2) of 

16 such title, unless that person has disclosed to the Sec17 retary of Veterans Affairs, in such form as the Secretary 

18 may require, current, accurate third-party reimbursement 

19 information for purposes of section 1729 of such title: Pro20 vided, That the Secretary may recover, in the same man21 ner as any other debt due the United States, the reason22 able charges for such care or services from any person who 

23 does not make such disclosure as required: Provided fur24 ther, That any amounts so recovered for care or services 

25 provided in a prior fiscal year may be obligated by the 
44 

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1 Secretary during the fiscal year in which amounts are re2 ceived. 

3 (INCLUDING TRANSFER OF FUNDS)

4 SEC. 213. Notwithstanding any other provision of 

5 law, proceeds or revenues derived from enhanced-use leas6 ing activities (including disposal) may be deposited into 

7 the ‘‘Construction, major projects’’ and ‘‘Construction, 

8 minor projects’’ accounts and be used for construction (in9 cluding site acquisition and disposition), alterations, and 

10 improvements of any medical facility under the jurisdic11 tion or for the use of the Department of Veterans Affairs. 

12 Such sums as realized are in addition to the amount pro13 vided for in ‘‘Construction, major projects’’ and ‘‘Con14 struction, minor projects’’. 

15 SEC. 214. Amounts made available under ‘‘Medical 

16 services’’ are available— 

17 (1) for furnishing recreational facilities, sup18 plies, and equipment; and 

19 (2) for funeral expenses, burial expenses, and 

20 other expenses incidental to funerals and burials for 

21 beneficiaries receiving care in the Department. 

22 (INCLUDING TRANSFER OF FUNDS)

23 SEC. 215. Such sums as may be deposited to the 

24 Medical Care Collections Fund pursuant to section 1729A 

25 of title 38, United States Code, may be transferred to 
45 

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1 ‘‘Medical services’’, to remain available until expended for 

2 the purposes of that account. 

3 SEC. 216. Notwithstanding any other provision of 

4 law, the Secretary of Veterans Affairs shall allow veterans 

5 who are eligible under existing Department of Veterans 

6 Affairs medical care requirements and who reside in Alas7 ka to obtain medical care services from medical facilities 

8 supported by the Indian Health Service or tribal organiza9 tions. The Secretary shall: (1) limit the application of this 

10 provision to rural Alaskan veterans in areas where an ex11 isting Department of Veterans Affairs facility or Veterans 

12 Affairs-contracted service is unavailable; (2) require par13 ticipating veterans and facilities to comply with all appro14 priate rules and regulations, as established by the Sec15 retary; (3) require this provision to be consistent with 

16 Capital Asset Realignment for Enhanced Services activi17 ties; and (4) result in no additional cost to the Department 

18 of Veterans Affairs or the Indian Health Service. 

19 (INCLUDING TRANSFER OF FUNDS)

20 SEC. 217. Such sums as may be deposited to the De21 partment of Veterans Affairs Capital Asset Fund pursu22 ant to section 8118 of title 38, United States Code, may 

23 be transferred to the ‘‘Construction, major projects’’ and 

24 ‘‘Construction, minor projects’’ accounts, to remain avail25 able until expended for the purposes of these accounts. 
46 

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1 SEC. 218. None of the funds available to the Depart2 ment of Veterans Affairs, in this Act, or any other Act, 

3 may be used to replace the current system by which the 

4 Veterans Integrated Services Networks select and contract 

5 for diabetes monitoring supplies and equipment. 

6 SEC. 219. None of the funds made available in this 

7 title may be used to implement any policy prohibiting the 

8 Directors of the Veterans Integrated Services Networks 

9 from conducting outreach or marketing to enroll new vet10 erans within their respective Networks. 

11 SEC. 220. The Secretary of Veterans Affairs shall 

12 submit to the Committees on Appropriations of both 

13 Houses of Congress a quarterly report on the financial 

14 status of the Veterans Health Administration. 

15 (INCLUDING TRANSFER OF FUNDS)

16 SEC. 221. Amounts made available under the ‘‘Med17 ical services’’, ‘‘Medical facilities’’, ‘‘General operating ex18 penses’’, and ‘‘National Cemetery Administration’’ ac19 counts for fiscal year 2009, may be transferred to or from 

20 the ‘‘Information technology systems’’ account: Provided, 

21 That before a transfer may take place, the Secretary of 

22 Veterans Affairs shall request from the Committees on 

23 Appropriations of both Houses of Congress the authority 

24 to make the transfer and an approval is issued. 

25 SEC. 222. Amounts made available for the ‘‘Informa26 tion technology systems’’ account may be transferred be-
47 

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1 tween projects: Provided, That no project may be in2 creased or decreased by more than $1,000,000 of cost 

3 prior to submitting a request to the Committees on Appro4 priations of both Houses of Congress to make the transfer 

5 and an approval is issued. 

6 (INCLUDING TRANSFER OF FUNDS)

7 SEC. 223. Any balances in prior year accounts estab8 lished for the payment of benefits under the Reinstated 

9 Entitlement Program for Survivors shall be transferred to 

10 and merged with amounts available under the ‘‘Compensa11 tion and pensions’’ account, and receipts that would other12 wise be credited to the accounts established for the pay13 ment of benefits under the Reinstated Entitlement Pro14 gram for Survivors program shall be credited to amounts 

15 available under the ‘‘Compensation and pensions’’ ac16 count. 

17 SEC. 224. The Department shall continue research 

18 into Gulf War illness at levels not less than those made 

19 available in fiscal year 2008, within available funds con20 tained in this Act. 

21 SEC. 225. (a) Upon a determination by the Secretary 

22 of Veterans Affairs that such action is in the national in23 terest, and will have a direct benefit for veterans through 

24 increased access to treatment, the Secretary of Veterans 

25 Affairs may transfer not more than $5,000,000 to the Sec26 retary of Health and Human Services for the Graduate 
48 

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1 Psychology Education Program, which includes treatment 

2 of veterans, to support increased training of psychologists 

3 skilled in the treatment of post-traumatic stress disorder, 

4 traumatic brain injury, and related disorders. 

5 (b) The Secretary of Health and Human Services 

6 may only use funds transferred under this section for the 

7 purposes described in subsection (a). 

8 (c) The Secretary of Veterans Affairs shall notify 

9 Congress of any such transfer of funds under this section. 

10 SEC. 226. None of the funds appropriated or other11 wise made available by this Act or any other Act for the 

12 Department of Veterans Affairs may be used in a manner 

13 that is inconsistent with— 

14 (1) section 842 of the Transportation, Treas15 ury, Housing and Urban Development, the Judici16 ary, and Independent Agencies Appropriations Act, 

17 2006 (Public Law 109–115; 119 Stat. 2506); or 

18 (2) section 8110(a)(5) of title 38, United States 

19 Code. 

20 SEC. 227. The Secretary of Veterans Affairs may 

21 carry out a major medical facility lease in fiscal year 2008 

22 in an amount not to exceed $12,000,000 to implement the 

23 recommendations outlined in the August 2007 Study of 

24 South Texas Veterans’ Inpatient and Specialty Outpatient 

25 Health Care Needs. 
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1 SEC. 228. Section 1710(f)(2)(B) of title 38, United 

2 States Code, is amended by striking ‘‘September 30, 

3 2008,’’ and inserting ‘‘September 30, 2009,’’. 

4 SEC. 229. Section 1729(a)(2)(E) of title 38, United 

5 States Code, is amended by striking ‘‘October 1, 2008,’’ 

6 and inserting ‘‘October 1, 2009,’’. 

7 SEC. 230. Of the amounts made available to the De8 partment of Veterans Affairs for fiscal year 2009, in this 

9 Act or any other Act, under the ‘‘Medical Facilities’’ ac10 count for non-recurring maintenance, not more than 20 

11 percent of the funds made available shall be obligated dur12 ing the last 2 months of the fiscal year. 

13 TITLE III 

14 RELATED AGENCIES 

15 AMERICAN BATTLE MONUMENTS COMMISSION

16 SALARIES AND EXPENSES

17 For necessary expenses, not otherwise provided for, 

18 of the American Battle Monuments Commission, including 

19 the acquisition of land or interest in land in foreign coun20 tries; purchases and repair of uniforms for caretakers of 

21 national cemeteries and monuments outside of the United 

22 States and its territories and possessions; rent of office 

23 and garage space in foreign countries; purchase (one-for24 one replacement basis only) and hire of passenger motor 

25 vehicles; not to exceed $7,500 for official reception and 
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1 representation expenses; and insurance of official motor 

2 vehicles in foreign countries, when required by law of such 

3 countries, $59,470,000, to remain available until ex4 pended. 

5 FOREIGN CURRENCY FLUCTUATIONS ACCOUNT

6 For necessary expenses, not otherwise provided for, 

7 of the American Battle Monuments Commission, such 

8 sums as may be necessary, to remain available until ex9 pended, for purposes authorized by section 2109 of title 

10 36, United States Code. 

11 UNITED STATES COURT OF APPEALS FOR VETERANS

12 CLAIMS

13 SALARIES AND EXPENSES

14 For necessary expenses for the operation of the 

15 United States Court of Appeals for Veterans Claims as 

16 authorized by sections 7251 through 7298 of title 38, 

17 United States Code, $23,975,000, of which $1,700,000 

18 shall be available for the purpose of providing financial 

19 assistance as described, and in accordance with the proc20 ess and reporting procedures set forth, under this heading 

21 in Public Law 102–229. 

22 DEPARTMENT OF DEFENSE—CIVIL

23 CEMETERIAL EXPENSES, ARMY

24 SALARIES AND EXPENSES

25 For necessary expenses, as authorized by law, for 

26 maintenance, operation, and improvement of Arlington 
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1 National Cemetery and Soldiers’ and Airmen’s Home Na2 tional Cemetery, including the purchase of two passenger 

3 motor vehicles for replacement only, and not to exceed 

4 $1,000 for official reception and representation expenses, 

5 $42,230,000, to remain available until expended. In addi6 tion, such sums as may be necessary for parking mainte7 nance, repairs and replacement, to be derived from the 

8 Lease of Department of Defense Real Property for De9 fense Agencies account. 

10 Funds appropriated under this Act may be provided 

11 to Arlington County, Virginia, for the relocation of the 

12 federally owned water main at Arlington National Ceme13 tery making additional land available for ground burials. 

14 ARMED FORCES RETIREMENT HOME

15 TRUST FUND

16 For expenses necessary for the Armed Forces Retire17 ment Home to operate and maintain the Armed Forces 

18 Retirement Home—Washington, District of Columbia, 

19 and the Armed Forces Retirement Home—Gulfport, Mis20 sissippi, to be paid from funds available in the Armed 

21 Forces Retirement Home Trust Fund, $63,010,000, of 

22 which $8,025,000 shall remain available until expended 

23 for construction and renovation of the physical plants at 

24 the Armed Forces Retirement Home—Washington, Dis-
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1 trict of Columbia and the Armed Forces Retirement 

2 Home—Gulfport, Mississippi. 

3 TITLE IV 

4 GENERAL PROVISIONS 

5 SEC. 401. No part of any appropriation contained in 

6 this Act shall remain available for obligation beyond the 

7 current fiscal year unless expressly so provided herein. 

8 SEC. 402. Such sums as may be necessary for fiscal 

9 year 2009 for pay raises for programs funded by this Act 

10 shall be absorbed within the levels appropriated in this 

11 Act. 

12 SEC. 403. None of the funds made available in this 

13 Act may be used for any program, project, or activity, 

14 when it is made known to the Federal entity or official 

15 to which the funds are made available that the program, 

16 project, or activity is not in compliance with any Federal 

17 law relating to risk assessment, the protection of private 

18 property rights, or unfunded mandates. 

19 SEC. 404. No part of any funds appropriated in this 

20 Act shall be used by an agency of the executive branch, 

21 other than for normal and recognized executive-legislative 

22 relationships, for publicity or propaganda purposes, and 

23 for the preparation, distribution, or use of any kit, pam24 phlet, booklet, publication, radio, television, or film presen-
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1 tation designed to support or defeat legislation pending 

2 before Congress, except in presentation to Congress itself. 

3 SEC. 405. All departments and agencies funded under 

4 this Act are encouraged, within the limits of the existing 

5 statutory authorities and funding, to expand their use of 

6 ‘‘E-Commerce’’ technologies and procedures in the con7 duct of their business practices and public service activi8 ties. 

9 SEC. 406. None of the funds made available in this 

10 Act may be transferred to any department, agency, or in11 strumentality of the United States Government except 

12 pursuant to a transfer made by, or transfer authority pro13 vided in, this or any other appropriations Act. 

14 SEC. 407. Unless stated otherwise, all reports and no15 tifications required by this Act shall be submitted to the 

16 Subcommittee on Military Construction, Veterans Affairs, 

17 and Related Agencies of the Committee on Appropriations 

18 of the House of Representatives and the Subcommittee on 

19 Military Construction, Veterans Affairs, and Related 

20 Agencies of the Committee on Appropriations of the Sen21 ate. 

22 This Act may be cited as the ‘‘Military Construction 

23 and Veterans Affairs and Related Agencies Appropriations 

24 Act, 2009’’. 
Calendar No. 892 

110TH CONGRESS 

2D SESSION S. 3301 

[Report No. 110–428] 

A BILL 

Making appropriations for military construction, 

2009, and for other purposes. agencies for the fiscal year ending September 30, the Department of Veterans Affairs, and related 

JULY 22, 2008 

Read twice and placed on the calendar