I 

111TH CONGRESS 

1ST SESSION H. R. 3082 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 17, 2009 

Ordered to be printed with the amendment of the Senate 

[Strike out all after the enacting clause and insert the part printed in italic] 

AN ACT 

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

fiscal year ending September 30, 2010, 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, 

6 and related agencies for the fiscal year ending September 

7 30, 2010, and for other purposes, namely: 


smartinez on DSKB9S0YB1PROD with BILLS
2 

HR 3082 PP 

1 TITLE I 

2 DEPARTMENT OF DEFENSE 

3 MILITARY CONSTRUCTION, ARMY

4 (INCLUDING RESCISSION OF FUNDS)

5 For acquisition, construction, installation, and equip6 ment of temporary or permanent public works, military 

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

8 currently authorized by law, including personnel in the 

9 Army Corps of Engineers and other personal services nec10 essary for the purposes of this appropriation, and for con11 struction and operation of facilities in support of the func12 tions of the Commander in Chief, $4,554,906,000, to re13 main available until September 30, 2014, of which 

14 $924,484,000 is designated as being for overseas deploy15 ments and other activities pursuant to section 423(a)(1) 

16 of S. Con. Res. 13 (111th Congress), the concurrent reso17 lution on the budget for fiscal year 2010, and of which 

18 $450,000,000 shall be for trainee troop housing facilities: 

19 Provided, That of this amount, not to exceed 

20 $187,872,000 shall be available for study, planning, de21 sign, architect and engineer services, and host nation sup22 port, as authorized by law, unless the Secretary of Defense 

23 determines that additional obligations are necessary for 

24 such purposes and notifies the Committees on Appropria25 tions of both Houses of Congress of the determination and 


smartinez on DSKB9S0YB1PROD with BILLS
3 

HR 3082 PP 

1 the reasons therefor: Provided further, That, not later than 

2 30 days after the date of the enactment of this Act, the 

3 Secretary of Defense shall submit to the Committees on 

4 Appropriations of both Houses of Congress an expenditure 

5 plan for the funds provided for trainee troop housing fa6 cilities: Provided further, That the amount appropriated 

7 in this paragraph shall be for the projects and activities, 

8 and in the amounts, specified under the heading ‘‘Military 

9 Construction, Army’’ and under the headings ‘‘Army’’ in 

10 the tables entitled ‘‘Military Construction’’ and ‘‘Overseas 

11 Contingency Operations’’ in the report of the Committee 

12 on Appropriations of the House of Representatives to ac13 company this bill: Provided further, That of the funds ap14 propriated for ‘‘Military Construction, Army’’ under Pub15 lic Law 110–329, $59,500,000 are hereby rescinded. 

16 MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

17 For acquisition, construction, installation, and equip18 ment of temporary or permanent public works, naval in19 stallations, facilities, and real property for the Navy and 

20 Marine Corps as currently authorized by law, including 

21 personnel in the Naval Facilities Engineering Command 

22 and other personal services necessary for the purposes of 

23 this appropriation, $3,757,330,000, to remain available 

24 until September 30, 2014: Provided, That of this amount, 

25 not to exceed $182,569,000 shall be available for study, 


smartinez on DSKB9S0YB1PROD with BILLS
4 

HR 3082 PP 

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

2 authorized by law, unless the Secretary of Defense deter3 mines that additional obligations are necessary for such 

4 purposes and notifies the Committees on Appropriations 

5 of both Houses of Congress of the determination and the 

6 reasons therefor: Provided further, That the amount ap7 propriated in this paragraph shall be for the projects and 

8 activities, and in the amounts, specified under the heading 

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

10 under the headings ‘‘Navy’’ in the table entitled ‘‘Military 

11 Construction’’ in the report of the Committee on Appro12 priations of the House of Representatives to accompany 

13 this bill. 

14 MILITARY CONSTRUCTION, AIR FORCE

15 For acquisition, construction, installation, and equip16 ment of temporary or permanent public works, military 

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

18 as currently authorized by law, $1,833,671,000, to remain 

19 available until September 30, 2014, of which 

20 $474,500,000 is designated as being for overseas deploy21 ments and other activities pursuant to section 423(a)(1) 

22 of S. Con. Res. 13 (111th Congress), the concurrent reso23 lution on the budget for fiscal year 2010: Provided, That 

24 of this amount, not to exceed $93,407,000 shall be avail25 able for study, planning, design, and architect and engiVerDate Nov 24 2008 06:08 Nov 21, 2009 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6401 E:\BILLS\H3082.PP H3082

smartinez on DSKB9S0YB1PROD with BILLS
5 

HR 3082 PP 

1 neer services, as authorized by law, unless the Secretary 

2 of Defense determines that additional obligations are nec3 essary for such purposes and notifies the Committees on 

4 Appropriations of both Houses of Congress of the deter5 mination and the reasons therefor: Provided further, That 

6 the amount appropriated in this paragraph shall be for 

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

8 under the heading ‘‘Military Construction, Air Force’’ and 

9 under the headings ‘‘Air Force’’ in the tables entitled 

10 ‘‘Military Construction’’ and ‘‘Overseas Contingency Op11 erations’’ in the report of the Committee on Appropria12 tions of the House of Representatives to accompany this 

13 bill. 

14 MILITARY CONSTRUCTION, DEFENSE-WIDE

15 (INCLUDING TRANSFER AND RESCISSION OF FUNDS) 

16 For acquisition, construction, installation, and equip17 ment of temporary or permanent public works, installa18 tions, facilities, and real property for activities and agen19 cies of the Department of Defense (other than the military 

20 departments), as currently authorized by law, 

21 $2,743,526,000, to remain available until September 30, 

22 2014: Provided, That such amounts of this appropriation 

23 as may be determined by the Secretary of Defense may 

24 be transferred to such appropriations of the Department 

25 of Defense available for military construction or family 


smartinez on DSKB9S0YB1PROD with BILLS
6 

HR 3082 PP 

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

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

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

4 transferred: Provided further, That of the amount appro5 priated, not to exceed $121,442,000 shall be available for 

6 study, planning, design, and architect and engineer serv7 ices, as authorized by law, unless the Secretary of Defense 

8 determines that additional obligations are necessary for 

9 such purposes and notifies the Committees on Appropria10 tions of both Houses of Congress of the determination and 

11 the reasons therefor: Provided further, That the amount 

12 appropriated in this paragraph shall be for the projects 

13 and activities, and in the amounts, specified under the 

14 heading ‘‘Military Construction, Defense-Wide’’ and under 

15 the headings ‘‘Defense-Wide’’ in the table entitled ‘‘Mili16 tary Construction’’ in the report of the Committee on Ap17 propriations of the House of Representatives to accom18 pany this bill: Provided further, That of the funds appro19 priated for ‘‘Military Construction, Defense-Wide’’ under 

20 Public Law 110–329, $25,800,000 are hereby rescinded. 

21 MILITARY CONSTRUCTION, ARMY NATIONAL GUARD

22 For construction, acquisition, expansion, rehabilita23 tion, and conversion of facilities for the training and ad24 ministration of the Army National Guard, and contribu25 tions therefor, as authorized by chapter 1803 of title 10, 


smartinez on DSKB9S0YB1PROD with BILLS
7 

HR 3082 PP 

1 United States Code, and Military Construction Authoriza2 tion Acts, $529,129,000, to remain available until Sep3 tember 30, 2014, of which $30,000,000 shall be for crit4 ical unfunded requirements: Provided, That of the amount 

5 appropriated, not to exceed $40,488,000 shall be available 

6 for study, planning, design, and architect and engineer 

7 services, as authorized by law, unless the Secretary of De8 fense determines that additional obligations are necessary 

9 for such purposes and notifies the Committees on Appro10 priations of both Houses of Congress of the determination 

11 and the reasons therefor: Provided further, That, not later 

12 than 30 days after the date of the enactment of this Act, 

13 the Director of the Army National Guard shall submit to 

14 the Committees on Appropriations of both Houses of Con15 gress an expenditure plan for the funds provided for crit16 ical unfunded requirements: Provided further, That the 

17 amount appropriated in this paragraph shall be for the 

18 projects and activities, and in the amounts, specified 

19 under the heading ‘‘Military Construction, Army National 

20 Guard’’ and under the headings ‘‘Army National Guard’’ 

21 in the table entitled ‘‘Military Construction’’ in the report 

22 of the Committee on Appropriations of the House of Rep23 resentatives to accompany this bill. 


smartinez on DSKB9S0YB1PROD with BILLS
8 

HR 3082 PP 

1 MILITARY CONSTRUCTION, AIR NATIONAL GUARD

2 For construction, acquisition, expansion, rehabilita3 tion, and conversion of facilities for the training and ad4 ministration of the Air National Guard, and contributions 

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

6 States Code, and Military Construction Authorization 

7 Acts, $226,126,000, to remain available until September 

8 30, 2014, of which $30,000,000 shall be for critical un9 funded requirements: Provided, That of the amount appro10 priated, not to exceed $12,021,000 shall be available for 

11 study, planning, design, and architect and engineer serv12 ices, as authorized by law, unless the Secretary of Defense 

13 determines that additional obligations are necessary for 

14 such purposes and notifies the Committees on Appropria15 tions of both Houses of Congress of the determination and 

16 the reasons therefor: Provided further, That, not later than 

17 30 days after the date of the enactment of this Act, the 

18 Director of the Air National Guard shall submit to the 

19 Committees on Appropriations of both Houses of Congress 

20 an expenditure plan for the funds provided for critical un21 funded requirements: Provided further, That the amount 

22 appropriated in this paragraph shall be for the projects 

23 and activities, and in the amounts, specified under the 

24 heading ‘‘Military Construction, Air National Guard’’ and 

25 under the headings ‘‘Air National Guard’’ in the table enVerDate Nov 24 2008 06:08 Nov 21, 2009 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6401 E:\BILLS\H3082.PP H3082

smartinez on DSKB9S0YB1PROD with BILLS
9 

HR 3082 PP 

1 titled ‘‘Military Construction’’ in the report of the Com2 mittee on Appropriations of the House of Representatives 

3 to accompany this bill. 

4 MILITARY CONSTRUCTION, ARMY RESERVE

5 For construction, acquisition, expansion, rehabilita6 tion, and conversion of facilities for the training and ad7 ministration of the Army Reserve as authorized by chapter 

8 1803 of title 10, United States Code, and Military Con9 struction Authorization Acts, $432,516,000, to remain 

10 available until September 30, 2014, of which $30,000,000 

11 shall be for critical unfunded requirements: Provided, 

12 That of the amount appropriated, not to exceed 

13 $25,016,000 shall be available for study, planning, design, 

14 and architect and engineer services, as authorized by law, 

15 unless the Secretary of Defense determines that additional 

16 obligations are necessary for such purposes and notifies 

17 the Committees on Appropriations of both Houses of Con18 gress of the determination and the reasons therefor: Pro19 vided further, That, not later than 30 days after the date 

20 of the enactment of this Act, the Chief of Army Reserve 

21 shall submit to the Committees on Appropriations of both 

22 Houses of Congress an expenditure plan for the funds pro23 vided for critical unfunded requirements: Provided further, 

24 That the amount appropriated in this paragraph shall be 

25 for the projects and activities, and in the amounts, speciVerDate Nov 24 2008 06:08 Nov 21, 2009 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6401 E:\BILLS\H3082.PP H3082

smartinez on DSKB9S0YB1PROD with BILLS
10 

HR 3082 PP 

1 fied under the heading ‘‘Military Construction, Army Re2 serve’’ and under the headings ‘‘Army Reserve’’ in the 

3 table entitled ‘‘Military Construction’’ in the report of the 

4 Committee on Appropriations of the House of Representa5 tives to accompany this bill. 

6 MILITARY CONSTRUCTION, NAVY RESERVE

7 For construction, acquisition, expansion, rehabilita8 tion, and conversion of facilities for the training and ad9 ministration of the reserve components of the Navy and 

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

11 United States Code, and Military Construction Authoriza12 tion Acts, $125,874,000, to remain available until Sep13 tember 30, 2014, of which $20,000,000 shall be for crit14 ical unfunded requirements of the Navy Reserve and 

15 $35,000,000 shall be for critical unfunded requirements 

16 of the Marine Forces Reserve: Provided, That of the 

17 amount appropriated, not to exceed $2,951,000 shall be 

18 available for study, planning, design, and architect and en19 gineer services, as authorized by law, unless the Secretary 

20 of Defense determines that additional obligations are nec21 essary for such purposes and notifies the Committees on 

22 Appropriations of both Houses of Congress of the deter23 mination and the reasons therefor: Provided further, That, 

24 not later than 30 days after the date of the enactment 

25 of this Act, the Chief of Navy Reserve and the ComVerDate Nov 24 2008 06:08 Nov 21, 2009 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6401 E:\BILLS\H3082.PP H3082

smartinez on DSKB9S0YB1PROD with BILLS
11 

HR 3082 PP 

1 mander, Marine Forces Reserve shall submit to the Com2 mittees on Appropriations of both Houses of Congress an 

3 expenditure plan for the funds provided for critical un4 funded requirements: Provided further, That the amount 

5 appropriated in this paragraph shall be for the projects 

6 and activities, and in the amounts, specified under the 

7 heading ‘‘Military Construction, Navy Reserve’’ and under 

8 the headings ‘‘Navy Reserve’’ in the table entitled ‘‘Mili9 tary Construction’’ in the report of the Committee on Ap10 propriations of the House of Representatives to accom11 pany this bill. 

12 MILITARY CONSTRUCTION, AIR FORCE RESERVE

13 For construction, acquisition, expansion, rehabilita14 tion, and conversion of facilities for the training and ad15 ministration of the Air Force Reserve as authorized by 

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

17 Construction Authorization Acts, $103,169,000, to remain 

18 available until September 30, 2014, of which $55,000,000 

19 shall be for critical unfunded requirements: Provided, 

20 That of the amount appropriated, not to exceed 

21 $4,669,000 shall be available for study, planning, design, 

22 and architect and engineer services, as authorized by law, 

23 unless the Secretary of Defense determines that additional 

24 obligations are necessary for such purposes and notifies 

25 the Committees on Appropriations of both Houses of ConVerDate Nov 24 2008 06:08 Nov 21, 2009 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6401 E:\BILLS\H3082.PP H3082

smartinez on DSKB9S0YB1PROD with BILLS
12 

HR 3082 PP 

1 gress of the determination and the reasons therefor: Pro2 vided further, That, not later than 30 days after the date 

3 of the enactment of this Act, the Chief of Air Force Re4 serve shall submit to the Committees on Appropriations 

5 of both Houses of Congress an expenditure plan for the 

6 funds provided for critical unfunded requirements: Pro7 vided further, That the amount appropriated in this para8 graph shall be for the projects and activities, and in the 

9 amounts, specified under the heading ‘‘Military Construc10 tion, Air Force Reserve’’ and under the headings ‘‘Air 

11 Force Reserve’’ in the table entitled ‘‘Military Construc12 tion’’ in the report of the Committee on Appropriations 

13 of the House of Representatives to accompany this bill. 

14 NORTH ATLANTIC TREATY ORGANIZATION

15 SECURITY INVESTMENT PROGRAM

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

17 Atlantic Treaty Organization Security Investment Pro18 gram for the acquisition and construction of military fa19 cilities and installations (including international military 

20 headquarters) and for related expenses for the collective 

21 defense of the North Atlantic Treaty Area as authorized 

22 by section 2806 of title 10, United States Code, and Mili23 tary Construction Authorization Acts, $234,914,000, to 

24 remain available until expended. 


smartinez on DSKB9S0YB1PROD with BILLS
13 

HR 3082 PP 

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 $273,236,000, to remain available until September 30, 

6 2014: Provided, That the amount appropriated in this 

7 paragraph shall be for the projects and activities, and in 

8 the amounts, specified under the heading ‘‘Family Hous9 ing Construction, Army’’ in the table entitled ‘‘Military 

10 Construction’’ in the report of the Committee on Appro11 priations of the House of Representatives to accompany 

12 this bill. 

13 FAMILY HOUSING OPERATION AND MAINTENANCE, 

14 ARMY

15 For expenses of family housing for the Army for op16 eration and maintenance, including debt payment, leasing, 

17 minor construction, principal and interest charges, and in18 surance premiums, as authorized by law, $523,418,000. 

19 FAMILY HOUSING CONSTRUCTION, NAVY AND MARINE

20 CORPS

21 For expenses of family housing for the Navy and Ma22 rine Corps for construction, including acquisition, replace23 ment, addition, expansion, extension, and alteration, as 

24 authorized by law, $146,569,000, to remain available until 

25 September 30, 2014: Provided, That the amount approVerDate Nov 24 2008 06:08 Nov 21, 2009 Jkt 089200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6401 E:\BILLS\H3082.PP H3082

smartinez on DSKB9S0YB1PROD with BILLS
14 

HR 3082 PP 

1 priated in this paragraph shall be for the projects and ac2 tivities, and in the amounts, specified under the heading 

3 ‘‘Family Housing Construction, Navy and Marine Corps’’ 

4 in the table entitled ‘‘Military Construction’’ in the report 

5 of the Committee on Appropriations of the House of Rep6 resentatives to accompany this bill. 

7 FAMILY HOUSING OPERATION AND MAINTENANCE, 

8 NAVY AND MARINE CORPS

9 For expenses of family housing for the Navy and Ma10 rine Corps for operation and maintenance, including debt 

11 payment, leasing, minor construction, principal and inter12 est charges, and insurance premiums, as authorized by 

13 law, $368,540,000. 

14 FAMILY HOUSING CONSTRUCTION, AIR FORCE

15 For expenses of family housing for the Air Force for 

16 construction, including acquisition, replacement, addition, 

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

18 $66,101,000, to remain available until September 30, 

19 2014: Provided, That the amount appropriated in this 

20 paragraph shall be for the projects and activities, and in 

21 the amounts, specified under the heading ‘‘Family Hous22 ing Construction, Air Force’’ in the table entitled ‘‘Mili23 tary Construction’’ in the report of the Committee on Ap24 propriations of the House of Representatives to accom25 pany this bill. 


smartinez on DSKB9S0YB1PROD with BILLS
15 

HR 3082 PP 

1 FAMILY HOUSING OPERATION AND MAINTENANCE, AIR

2 FORCE

3 For expenses of family housing for the Air Force for 

4 operation and maintenance, including debt payment, leas5 ing, minor construction, principal and interest charges, 

6 and insurance premiums, as authorized by law, 

7 $502,936,000. 

8 FAMILY HOUSING CONSTRUCTION, DEFENSE-WIDE

9 For expenses of family housing for the activities and 

10 agencies of the Department of Defense (other than the 

11 military departments) for construction, including acquisi12 tion, replacement, addition, expansion, extension, and al13 teration, as authorized by law, $2,859,000, to remain 

14 available until September 30, 2014: Provided, That the 

15 amount appropriated in this paragraph shall be for the 

16 projects and activities, and in the amounts, specified 

17 under the heading ‘‘Family Housing Construction, De18 fense-Wide’’ in the table entitled ‘‘Military Construction’’ 

19 in the report of the Committee on Appropriations of the 

20 House of Representatives to accompany this bill. 

21 FAMILY HOUSING OPERATION AND MAINTENANCE, 

22 DEFENSE-WIDE

23 For expenses of family housing for the activities and 

24 agencies of the Department of Defense (other than the 

25 military departments) for operation and maintenance, 


smartinez on DSKB9S0YB1PROD with BILLS
16 

HR 3082 PP 

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

2 $49,214,000. 

3 DEPARTMENT OF DEFENSE FAMILY HOUSING

4 IMPROVEMENT FUND

5 For the Department of Defense Family Housing Im6 provement Fund, $2,600,000, to remain available until ex7 pended, for family housing initiatives undertaken pursu8 ant to section 2883 of title 10, United States Code, pro9 viding alternative means of acquiring and improving mili10 tary family housing and supporting facilities. 

11 HOMEOWNERS ASSISTANCE FUND

12 For the Homeowners Assistance Fund established by 

13 section 1013 of the Demonstration Cities and Metropoli14 tan Development Act of 1966 (42 U.S.C. 3374), 

15 $23,225,000, to remain available until expended. 

16 CHEMICAL DEMILITARIZATION CONSTRUCTION, 

17 DEFENSE-WIDE

18 For expenses of construction, not otherwise provided 

19 for, necessary for the destruction of the United States 

20 stockpile of lethal chemical agents and munitions in ac21 cordance with section 1412 of the Department of Defense 

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

23 destruction of other chemical warfare materials that are 

24 not in the chemical weapon stockpile, as currently author25 ized by law, $146,541,000, to remain available until SepVerDate Nov 24 2008 06:08 Nov 21, 2009 Jkt 089200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6401 E:\BILLS\H3082.PP H3082

smartinez on DSKB9S0YB1PROD with BILLS
17 

HR 3082 PP 

1 tember 30, 2014: Provided, That the amount appropriated 

2 in this paragraph shall be for the projects and activities, 

3 and in the amounts, specified under the headings ‘‘Chem4 ical Demilitarization Construction, Defense-Wide’’ in the 

5 table entitled ‘‘Military Construction’’ in the report of the 

6 Committee on Appropriations of the House of Representa7 tives to accompany this bill. 

8 DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT

9 1990 

10 For deposit into the Department of Defense Base 

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

12 of the Defense Base Closure and Realignment Act of 1990 

13 (10 U.S.C. 2687 note), $536,768,000, to remain available 

14 until expended. 

15 DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT

16 2005 

17 For deposit into the Department of Defense Base 

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

19 of the Defense Base Closure and Realignment Act of 1990 

20 (10 U.S.C. 2687 note), $7,479,498,000, to remain avail21 able until expended: Provided, That the Department of 

22 Defense shall notify the Committees on Appropriations of 

23 both Houses of Congress 14 days prior to obligating an 

24 amount for a construction project that exceeds or reduces 

25 the amount identified for that project in the most recently 


smartinez on DSKB9S0YB1PROD with BILLS
18 

HR 3082 PP 

1 submitted budget request for this account by 20 percent 

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

3 the previous proviso shall not apply to projects costing less 

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

5 identified in any budget submission for this account and 

6 exceeding the minor construction threshold under section 

7 2805 of title 10, United States Code. 

8 ADMINISTRATIVE PROVISIONS

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

10 title shall be expended for payments under a cost-plus-a11 fixed-fee contract for construction, where cost estimates 

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

13 except Alaska, without the specific approval in writing of 

14 the Secretary of Defense setting forth the reasons there15 for. 

16 SEC. 102. Funds made available in this title for con17 struction shall be available for hire of passenger motor ve18 hicles. 

19 SEC. 103. Funds made available in this title for con20 struction may be used for advances to the Federal High21 way Administration, Department of Transportation, for 

22 the construction of access roads as authorized by section 

23 210 of title 23, United States Code, when projects author24 ized therein are certified as important to the national de25 fense by the Secretary of Defense. 


smartinez on DSKB9S0YB1PROD with BILLS
19 

HR 3082 PP 

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

2 title may be used to initiate construction of new installa3 tions for which specific appropriations have not been 

4 made. 

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

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

7 in excess of 100 percent of the value as determined by 

8 the Army Corps of Engineers or the Naval Facilities Engi9 neering Command, except: (1) where there is a determina10 tion of value by a Federal court; (2) purchases negotiated 

11 by the Attorney General or the designee of the Attorney 

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

13 $25,000; or (4) as otherwise determined by the Secretary 

14 of Defense to be in the public interest. 

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

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

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

18 except housing for which funds have been made available 

19 in annual Acts making appropriations for military con20 struction. 

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

22 title for minor construction may be used to transfer or 

23 relocate any activity from one base or installation to an24 other, without prior notification to the Committees on Ap25 propriations of both Houses of Congress. 


smartinez on DSKB9S0YB1PROD with BILLS
20 

HR 3082 PP 

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

2 title may be used for the procurement of steel for any con3 struction project or activity for which American steel pro4 ducers, fabricators, and manufacturers have been denied 

5 the opportunity to compete for such steel procurement. 

6 SEC. 109. None of the funds available to the Depart7 ment of Defense for military construction or family hous8 ing during the current fiscal year may be used to pay real 

9 property taxes in any foreign nation. 

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

11 title may be obligated for architect and engineer contracts 

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

13 projects to be accomplished in Japan, in any North Atlan14 tic Treaty Organization member country, or in countries 

15 bordering the Arabian Sea, unless such contracts are 

16 awarded to United States firms or United States firms 

17 in joint venture with host nation firms. 

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

19 title for military construction in the United States terri20 tories and possessions in the Pacific and on Kwajalein 

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

22 used to award any contract estimated by the Government 

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

24 That this section shall not be applicable to contract 

25 awards for which the lowest responsive and responsible bid 


smartinez on DSKB9S0YB1PROD with BILLS
21 

HR 3082 PP 

1 of a United States contractor exceeds the lowest respon2 sive and responsible bid of a foreign contractor by greater 

3 than 20 percent: Provided further, That this section shall 

4 not apply to contract awards for military construction on 

5 Kwajalein Atoll for which the lowest responsive and re6 sponsible bid is submitted by a Marshallese contractor. 

7 SEC. 112. The Secretary of Defense is to inform the 

8 appropriate committees of both Houses of Congress, in9 cluding the Committees on Appropriations, of the plans 

10 and scope of any proposed military exercise involving 

11 United States personnel 30 days prior to its occurring, 

12 if amounts expended for construction, either temporary or 

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

14 SEC. 113. Not more than 20 percent of the funds 

15 made available in this title which are limited for obligation 

16 during the current fiscal year shall be obligated during 

17 the last 2 months of the fiscal year. 

18 SEC. 114. Funds appropriated to the Department of 

19 Defense for construction in prior years shall be available 

20 for construction authorized for each such military depart21 ment by the authorizations enacted into law during the 

22 current session of Congress. 

23 SEC. 115. For military construction or family housing 

24 projects that are being completed with funds otherwise ex25 pired or lapsed for obligation, expired or lapsed funds may 


smartinez on DSKB9S0YB1PROD with BILLS
22 

HR 3082 PP 

1 be used to pay the cost of associated supervision, inspec2 tion, overhead, engineering and design on those projects 

3 and on subsequent claims, if any. 

4 SEC. 116. Notwithstanding any other provision of 

5 law, any funds made available to a military department 

6 or defense agency for the construction of military projects 

7 may be obligated for a military construction project or 

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

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

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

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

12 obligated from funds available for military construction 

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

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

15 such project is increased pursuant to law. 

16 (INCLUDING TRANSFER OF FUNDS)

17 SEC. 117. In addition to any other transfer authority 

18 available to the Department of Defense, proceeds depos19 ited to the Department of Defense Base Closure Account 

20 established by section 207(a)(1) of the Defense Authoriza21 tion Amendments and Base Closure and Realignment Act 

22 (10 U.S.C. 2687 note) pursuant to section 207(a)(2)(C) 

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

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

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


smartinez on DSKB9S0YB1PROD with BILLS
23 

HR 3082 PP 

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

2 and the same time period as that account. 

3 (INCLUDING TRANSFER OF FUNDS)

4 SEC. 118. Subject to 30 days prior notification, or 

5 14 days for a notification provided in an electronic me6 dium pursuant to sections 480 and 2883, of title 10, 

7 United States Code, to the Committees on Appropriations 

8 of both Houses of Congress, such additional amounts as 

9 may be determined by the Secretary of Defense may be 

10 transferred to: (1) the Department of Defense Family 

11 Housing Improvement Fund from amounts appropriated 

12 for construction in ‘‘Family Housing’’ accounts, to be 

13 merged with and to be available for the same purposes 

14 and for the same period of time as amounts appropriated 

15 directly to the Fund; or (2) the Department of Defense 

16 Military Unaccompanied Housing Improvement Fund 

17 from amounts appropriated for construction of military 

18 unaccompanied housing in ‘‘Military Construction’’ ac19 counts, to be merged with and to be available for the same 

20 purposes and for the same period of time as amounts ap21 propriated directly to the Fund: Provided, That appropria22 tions made available to the Funds shall be available to 

23 cover the costs, as defined in section 502(5) of the Con24 gressional Budget Act of 1974, of direct loans or loan 

25 guarantees issued by the Department of Defense pursuant 


smartinez on DSKB9S0YB1PROD with BILLS
24 

HR 3082 PP 

1 to the provisions of subchapter IV of chapter 169 of title 

2 10, United States Code, pertaining to alternative means 

3 of acquiring and improving military family housing, mili4 tary unaccompanied housing, and supporting facilities. 

5 SEC. 119. (a) Not later than 60 days before issuing 

6 any solicitation for a contract with the private sector for 

7 military family housing the Secretary of the military de8 partment concerned shall submit to the Committees on 

9 Appropriations of both Houses of Congress the notice de10 scribed in subsection (b). 

11 (b)(1) A notice referred to in subsection (a) is a no12 tice of any guarantee (including the making of mortgage 

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

14 to the private party under the contract involved in the 

15 event of— 

16 (A) the closure or realignment of the installa17 tion for which housing is provided under the con18 tract; 

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

20 such installation; or 

21 (C) the extended deployment overseas of units 

22 stationed at such installation. 

23 (2) Each notice under this subsection shall specify 

24 the nature of the guarantee involved and assess the extent 


smartinez on DSKB9S0YB1PROD with BILLS
25 

HR 3082 PP 

1 and likelihood, if any, of the liability of the Federal Gov2 ernment with respect to the guarantee. 

3 (INCLUDING TRANSFER OF FUNDS)

4 SEC. 120. In addition to any other transfer authority 

5 available to the Department of Defense, amounts may be 

6 transferred from the accounts established by sections 

7 2906(a)(1) and 2906A(a)(1) of the Defense Base Closure 

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

9 the fund established by section 1013(d) of the Demonstra10 tion Cities and Metropolitan Development Act of 1966 (42 

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

12 Homeowners Assistance Program incurred under 42 

13 U.S.C. 3374(a)(1)(A). Any amounts transferred shall be 

14 merged with and be available for the same purposes and 

15 for the same time period as the fund to which transferred. 

16 SEC. 121. Notwithstanding this or any other provi17 sion of law, funds made available in this title for operation 

18 and maintenance of family housing shall be the exclusive 

19 source of funds for repair and maintenance of all family 

20 housing units, including general or flag officer quarters: 

21 Provided, That not more than $35,000 per unit may be 

22 spent annually for the maintenance and repair of any gen23 eral or flag officer quarters without 30 days prior notifica24 tion, or 14 days for a notification provided in an electronic 

25 medium pursuant to sections 480 and 2883 of title 10, 


smartinez on DSKB9S0YB1PROD with BILLS
26 

HR 3082 PP 

1 United States Code, to the Committees on Appropriations 

2 of both Houses of Congress, except that an after-the-fact 

3 notification shall be submitted if the limitation is exceeded 

4 solely due to costs associated with environmental remedi5 ation that could not be reasonably anticipated at the time 

6 of the budget submission: Provided further, That the 

7 Under Secretary of Defense (Comptroller) is to report an8 nually to the Committees on Appropriations of both 

9 Houses of Congress all operation and maintenance ex10 penditures for each individual general or flag officer quar11 ters for the prior fiscal year. 

12 SEC. 122. 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 SEC. 123. None of the funds made available in this 

19 title, or in any Act making appropriations for military con20 struction which remain available for obligation, may be ob21 ligated or expended to carry out a military construction, 

22 land acquisition, or family housing project at or for a mili23 tary installation approved for closure, or at a military in24 stallation for the purposes of supporting a function that 

25 has been approved for realignment to another installation, 


smartinez on DSKB9S0YB1PROD with BILLS
27 

HR 3082 PP 

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 


smartinez on DSKB9S0YB1PROD with BILLS
28 

HR 3082 PP 

1 within 7 days of a decision to carry out such a military 

2 construction project. 

3 (INCLUDING TRANSFER OF FUNDS)

4 SEC. 124. 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. 125. None of the funds appropriated or other19 wise made available in this title may be used for any action 

20 that is related to or promotes the expansion of the bound21 aries or size of the Pinon Canyon Maneuver Site, Colo22 rado. 

23 SEC. 126. Amounts appropriated or otherwise made 

24 available in an account funded under the headings in this 

25 title may be transferred among projects and activities 


smartinez on DSKB9S0YB1PROD with BILLS
29 

HR 3082 PP 

1 within the account in accordance with the reprogramming 

2 guidelines for military construction and family housing 

3 construction contained in the report of the Committee on 

4 Appropriations of the House of Representatives to accom5 pany this bill and in the guidance for military construction 

6 reprogrammings and notifications contained in Depart7 ment of Defense Financial Management Regulation 

8 7000.14–R, Volume 3, Chapter 7, of December 1996, as 

9 in effect on the date of enactment of this Act. 

10 TITLE II 

11 DEPARTMENT OF VETERANS AFFAIRS 

12 VETERANS BENEFITS ADMINISTRATION

13 COMPENSATION AND PENSIONS

14 (INCLUDING TRANSFER OF FUNDS)

15 For the payment of compensation benefits to or on 

16 behalf of veterans and a pilot program for disability ex17 aminations as authorized by section 107 and chapters 11, 

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

19 pension benefits to or on behalf of veterans as authorized 

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

21 States Code; and burial benefits, the Reinstated Entitle22 ment Program for Survivors, emergency and other offi23 cers’ retirement pay, adjusted-service credits and certifi24 cates, payment of premiums due on commercial life insur25 ance policies guaranteed under the provisions of title IV 


smartinez on DSKB9S0YB1PROD with BILLS
30 

HR 3082 PP 

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

2 541 et seq.) and for other benefits as authorized by sec3 tions 107, 1312, 1977, and 2106, and chapters 23, 51, 

4 53, 55, and 61 of title 38, United States Code, 

5 $47,218,207,000, to remain available until expended: Pro6 vided, That not to exceed $29,283,000 of the amount ap7 propriated under this heading shall be reimbursed to 

8 ‘‘General operating expenses’’, ‘‘Medical support and com9 pliance’’, and ‘‘Information technology systems’’ for nec10 essary expenses in implementing the provisions of chapters 

11 51, 53, and 55 of title 38, United States Code, the funding 

12 source for which is specifically provided as the ‘‘Com13 pensation and pensions’’ appropriation: Provided further, 

14 That such sums as may be earned on an actual qualifying 

15 patient basis, shall be reimbursed to ‘‘Medical care collec16 tions fund’’ to augment the funding of individual medical 

17 facilities for nursing home care provided to pensioners as 

18 authorized. 

19 READJUSTMENT BENEFITS

20 For the payment of readjustment and rehabilitation 

21 benefits to or on behalf of veterans as authorized by chap22 ters 21, 30, 31, 33, 34, 35, 36, 39, 51, 53, 55, and 61 

23 of title 38, United States Code, $8,663,624,000, to remain 

24 available until expended: Provided, That expenses for re25 habilitation program services and assistance which the 


smartinez on DSKB9S0YB1PROD with BILLS
31 

HR 3082 PP 

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

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

3 under paragraphs (1), (2), (5), and (11) of that sub4 section, shall be charged to this account. 

5 VETERANS INSURANCE AND INDEMNITIES

6 For military and naval insurance, national service life 

7 insurance, servicemen’s indemnities, service-disabled vet8 erans insurance, and veterans mortgage life insurance as 

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

10 and 21, $49,288,000, to remain available until expended. 

11 VETERANS HOUSING BENEFIT PROGRAM FUND

12 For the cost of direct and guaranteed loans, such 

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

14 authorized by subchapters I through III of chapter 37 of 

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

16 including the cost of modifying such loans, shall be as de17 fined in section 502 of the Congressional Budget Act of 

18 1974: Provided further, That during fiscal year 2010, 

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

20 gross obligations for direct loans are authorized for spe21 cially adapted housing loans. 

22 In addition, for administrative expenses to carry out 

23 the direct and guaranteed loan programs, $165,082,000. 


smartinez on DSKB9S0YB1PROD with BILLS
32 

HR 3082 PP 

1 VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT

2 (INCLUDING TRANSFER OF FUNDS)

3 For the cost of direct loans, $29,000, as authorized 

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

5 That such costs, including the cost of modifying such 

6 loans, shall be as defined in section 502 of the Congres7 sional Budget Act of 1974: Provided further, That funds 

8 made available under this heading are available to sub9 sidize gross obligations for the principal amount of direct 

10 loans not to exceed $2,298,000. 

11 In addition, for administrative expenses necessary to 

12 carry out the direct loan program, $328,000, which may 

13 be transferred to and merged with the appropriation for 

14 ‘‘General operating expenses’’. 

15 NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM

16 ACCOUNT

17 For administrative expenses to carry out the direct 

18 loan program authorized by subchapter V of chapter 37 

19 of title 38, United States Code, $664,000. 

20 GUARANTEED TRANSITIONAL HOUSING LOANS FOR

21 HOMELESS VETERANS PROGRAM ACCOUNT

22 For the administrative expenses to carry out the 

23 guaranteed transitional housing loan program authorized 

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

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


smartinez on DSKB9S0YB1PROD with BILLS
33 

HR 3082 PP 

1 by this Act for ‘‘General operating expenses’’ and ‘‘Med2 ical support and compliance’’ may be expended. 

3 VETERANS HEALTH ADMINISTRATION

4 MEDICAL SERVICES

5 (INCLUDING TRANSFER OF FUNDS)

6 For necessary expenses for furnishing, as authorized 

7 by law, inpatient and outpatient care and treatment to 

8 beneficiaries of the Department of Veterans Affairs and 

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

10 States Code, including care and treatment in facilities not 

11 under the jurisdiction of the Department, and including 

12 medical supplies and equipment, food services, and sala13 ries and expenses of health-care employees hired under 

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

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

16 $71,840,500,000 (increased by $1,000,000), plus reim17 bursements, of which $37,136,000,000 shall become avail18 able on October 1, 2010, and shall remain available 

19 through September 30, 2011: Provided, That, of the 

20 amount made available under this heading for fiscal year 

21 2010, not to exceed $1,015,000,000 shall remain available 

22 until September 30, 2011: Provided further, That, not23 withstanding any other provision of law, the Secretary of 

24 Veterans Affairs shall establish a priority for the provision 

25 of medical treatment for veterans who have service-conVerDate Nov 24 2008 06:08 Nov 21, 2009 Jkt 089200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6401 E:\BILLS\H3082.PP H3082

smartinez on DSKB9S0YB1PROD with BILLS
34 

HR 3082 PP 

1 nected disabilities, lower income, or have special needs: 

2 Provided further, That, notwithstanding any other provi3 sion of law, the Secretary of Veterans Affairs shall give 

4 priority funding for the provision of basic medical benefits 

5 to veterans in enrollment priority groups 1 through 6: Pro6 vided further, That, notwithstanding any other provision 

7 of law, the Secretary of Veterans Affairs may authorize 

8 the dispensing of prescription drugs from Veterans Health 

9 Administration facilities to enrolled veterans with privately 

10 written prescriptions based on requirements established by 

11 the Secretary: Provided further, That the implementation 

12 of the program described in the previous proviso shall 

13 incur no additional cost to the Department of Veterans 

14 Affairs: Provided further, That for the Department of De15 fense/Department of Veterans Affairs Health Care Shar16 ing Incentive Fund, as authorized by section 8111(d) of 

17 title 38, United States Code, a minimum of $15,000,000, 

18 to remain available until expended, for any purpose au19 thorized by section 8111 of title 38, United States Code. 

20 MEDICAL SUPPORT AND COMPLIANCE

21 For necessary expenses in the administration of the 

22 medical, hospital, nursing home, domiciliary, construction, 

23 supply, and research activities, as authorized by law; ad24 ministrative expenses in support of capital policy activi25 ties; and administrative and legal expenses of the DepartVerDate Nov 24 2008 06:08 Nov 21, 2009 Jkt 089200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6401 E:\BILLS\H3082.PP H3082

smartinez on DSKB9S0YB1PROD with BILLS
35 

HR 3082 PP 

1 ment for collecting and recovering amounts owed the De2 partment as authorized under chapter 17 of title 38, 

3 United States Code, and the Federal Medical Care Recov4 ery Act (42 U.S.C. 2651 et seq.); $10,207,000,000 (re5 duced by $3,500,000), plus reimbursements, of which 

6 $5,307,000,000 shall become available on October 1, 

7 2010, and shall remain available through September 30, 

8 2011: Provided, That, of the amount made available under 

9 this heading for fiscal year 2010, not to exceed 

10 $145,000,000 shall remain available until September 30, 

11 2011. 

12 MEDICAL FACILITIES

13 For necessary expenses for the maintenance and op14 eration of hospitals, nursing homes, and domiciliary facili15 ties and other necessary facilities of the Veterans Health 

16 Administration; for administrative expenses in support of 

17 planning, design, project management, real property ac18 quisition and disposition, construction, and renovation of 

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

20 Department; for oversight, engineering, and architectural 

21 activities not charged to project costs; for repairing, alter22 ing, improving, or providing facilities in the several hos23 pitals and homes under the jurisdiction of the Depart24 ment, not otherwise provided for, either by contract or by 

25 the hire of temporary employees and purchase of mateVerDate Nov 24 2008 06:08 Nov 21, 2009 Jkt 089200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6401 E:\BILLS\H3082.PP H3082

smartinez on DSKB9S0YB1PROD with BILLS
36 

HR 3082 PP 

1 rials; for leases of facilities; and for laundry services, 

2 $10,633,000,000, plus reimbursements, of which 

3 $5,740,000,000 shall become available on October 1, 

4 2010, and shall remain available through September 30, 

5 2011: Provided, That, of the amount made available under 

6 this heading for fiscal year 2010, not to exceed 

7 $145,000,000 shall remain available until September 30, 

8 2011: Provided further, That, of the amount available for 

9 fiscal year 2010, $200,000,000 for non-recurring mainte10 nance shall be allocated in a manner not subject to the 

11 Veterans Equitable Resource Allocation. 

12 MEDICAL AND PROSTHETIC RESEARCH

13 For necessary expenses in carrying out programs of 

14 medical and prosthetic research and development as au15 thorized by chapter 73 of title 38, United States Code, 

16 $580,000,000, plus reimbursements, to remain available 

17 until September 30, 2011. 

18 NATIONAL CEMETERY ADMINISTRATION

19 For necessary expenses of the National Cemetery Ad20 ministration for operations and maintenance, not other21 wise provided for, including uniforms or allowances there22 for; cemeterial expenses as authorized by law; purchase 

23 of one passenger motor vehicle for use in cemeterial oper24 ations; hire of passenger motor vehicles; and repair, alter25 ation or improvement of facilities under the jurisdiction 


smartinez on DSKB9S0YB1PROD with BILLS
37 

HR 3082 PP 

1 of the National Cemetery Administration, $250,000,000, 

2 of which not to exceed $24,200,000 shall be available until 

3 September 30, 2011. 

4 DEPARTMENTAL ADMINISTRATION

5 GENERAL OPERATING EXPENSES

6 For necessary operating expenses of the Department 

7 of Veterans Affairs, not otherwise provided for, including 

8 administrative expenses in support of Department-Wide 

9 capital planning, management and policy activities, uni10 forms, or allowances therefor; not to exceed $25,000 for 

11 official reception and representation expenses; hire of pas12 senger motor vehicles; and reimbursement of the General 

13 Services Administration for security guard services, and 

14 the Department of Defense for the cost of overseas em15 ployee mail, $2,083,700,000 (reduced by $1,000,000) (in16 creased by $3,500,000): Provided, That expenses for serv17 ices and assistance authorized under paragraphs (1), (2), 

18 (5), and (11) of section 3104(a) of title 38, United States 

19 Code, that the Secretary of Veterans Affairs determines 

20 are necessary to enable entitled veterans: (1) to the max21 imum extent feasible, to become employable and to obtain 

22 and maintain suitable employment; or (2) to achieve max23 imum independence in daily living, shall be charged to this 

24 account: Provided further, That the Veterans Benefits Ad25 ministration shall be funded at not less than 


smartinez on DSKB9S0YB1PROD with BILLS
38 

HR 3082 PP 

1 $1,690,200,000: Provided further, That of the funds made 

2 available under this heading, not to exceed $111,000,000 

3 shall be available for obligation until September 30, 2011: 

4 Provided further, That from the funds made available 

5 under this heading, the Veterans Benefits Administration 

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

7 up to two passenger motor vehicles for use in operations 

8 of that Administration in Manila, Philippines. 

9 INFORMATION TECHNOLOGY SYSTEMS

10 For necessary expenses for information technology 

11 systems and telecommunications support, including devel12 opmental information systems and operational information 

13 systems; for pay and associated cost; and for the capital 

14 asset acquisition of information technology systems, in15 cluding management and related contractual costs of said 

16 acquisitions, including contractual costs associated with 

17 operations authorized by section 3109 of title 5, United 

18 States Code, $3,307,000,000, plus reimbursements, to be 

19 available until September 30, 2011: Provided, That none 

20 of the funds made available under this heading may be 

21 obligated until the Department of Veterans Affairs sub22 mits to the Committees on Appropriations of both Houses 

23 of Congress, and such Committees approve, a plan for ex24 penditure that: (1) meets the capital planning and invest25 ment control review requirements established by the Office 


smartinez on DSKB9S0YB1PROD with BILLS
39 

HR 3082 PP 

1 of Management and Budget; (2) complies with the Depart2 ment of Veterans Affairs enterprise architecture; (3) con3 forms with an established enterprise life cycle method4 ology; and (4) complies with the acquisition rules, require5 ments, guidelines, and systems acquisition management 

6 practices of the Federal Government: Provided further, 

7 That within 30 days of enactment of this Act, the Sec8 retary of Veterans Affairs shall submit to the Committees 

9 on Appropriations of both Houses of Congress a re10 programming base letter which provides, by project, the 

11 costs included in this appropriation. 

12 OFFICE OF INSPECTOR GENERAL

13 For necessary expenses of the Office of Inspector 

14 General, to include information technology, in carrying out 

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

16 U.S.C. App.), $107,000,000 (reduced by $1,000,000), of 

17 which $6,000,000 shall be available until September 30, 

18 2011. 

19 CONSTRUCTION, MAJOR PROJECTS

20 For constructing, altering, extending, and improving 

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

22 jurisdiction or for the use of the Department of Veterans 

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

24 316, 2404, 2406, 8102, 8103, 8106, 8108, 8109, 8110, 

25 and 8122 of title 38, United States Code, including planVerDate Nov 24 2008 06:08 Nov 21, 2009 Jkt 089200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6401 E:\BILLS\H3082.PP H3082

smartinez on DSKB9S0YB1PROD with BILLS
40 

HR 3082 PP 

1 ning, architectural and engineering services, construction 

2 management services, maintenance or guarantee period 

3 services costs associated with equipment guarantees pro4 vided under the project, services of claims analysts, offsite 

5 utility and storm drainage system construction costs, and 

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

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

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

9 project were made available in a previous major project 

10 appropriation, $1,194,000,000, to remain available until 

11 expended, of which $16,000,000 shall be to make reim12 bursements as provided in section 13 of the Contract Dis13 putes Act of 1978 (41 U.S.C. 612) for claims paid for 

14 contract disputes: Provided, That except for advance plan15 ning activities, including needs assessments which may or 

16 may not lead to capital investments, and other capital 

17 asset management related activities, including portfolio 

18 development and management activities, and investment 

19 strategy studies funded through the advance planning 

20 fund and the planning and design activities funded 

21 through the design fund, including needs assessments 

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

23 funds provided for the purchase of land for the National 

24 Cemetery Administration through the land acquisition line 

25 item, none of the funds made available under this heading 


smartinez on DSKB9S0YB1PROD with BILLS
41 

HR 3082 PP 

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

2 by the Congress in the budgetary process: Provided fur3 ther, That funds made available under this heading for 

4 fiscal year 2010, for each approved project shall be obli5 gated: (1) by the awarding of a construction documents 

6 contract by September 30, 2010; and (2) by the awarding 

7 of a construction contract by September 30, 2011: Pro8 vided further, That the Secretary of Veterans Affairs shall 

9 promptly submit to the Committees on Appropriations of 

10 both Houses of Congress a written report on any approved 

11 major construction project for which obligations are not 

12 incurred within the time limitations established above: 

13 Provided further, That of the funds made available under 

14 this heading, $933,030,000 shall be for the projects and 

15 activities, and in the amounts, specified under this heading 

16 in the report of the Committee on Appropriations of the 

17 House of Representatives to accompany this bill. 

18 CONSTRUCTION, MINOR PROJECTS

19 For constructing, altering, extending, and improving 

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

21 jurisdiction or for the use of the Department of Veterans 

22 Affairs, including planning and assessments of needs 

23 which may lead to capital investments, architectural and 

24 engineering services, maintenance or guarantee period 

25 services costs associated with equipment guarantees proVerDate Nov 24 2008 06:08 Nov 21, 2009 Jkt 089200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6401 E:\BILLS\H3082.PP H3082

smartinez on DSKB9S0YB1PROD with BILLS
42 

HR 3082 PP 

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

2 utility and storm drainage system construction costs, and 

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

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

5 8110, 8122, and 8162 of title 38, United States Code, 

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

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

8 38, United States Code, $726,800,000 (decreased by 

9 $4,000,000), to remain available until expended, along 

10 with unobligated balances of previous ‘‘Construction, 

11 minor projects’’ appropriations which are hereby made 

12 available for any project where the estimated cost is equal 

13 to or less than the amount set forth in such section: Pro14 vided, That funds made available under this heading shall 

15 be available for: (1) repairs to any of the nonmedical facili16 ties under the jurisdiction or for the use of the Depart17 ment which are necessary because of loss or damage 

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

19 temporary measures necessary to prevent or to minimize 

20 further loss by such causes. 

21 GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE

22 FACILITIES

23 For grants to assist States to acquire or construct 

24 State nursing home and domiciliary facilities and to re25 model, modify, or alter existing hospital, nursing home, 


smartinez on DSKB9S0YB1PROD with BILLS
43 

HR 3082 PP 

1 and domiciliary facilities in State homes, for furnishing 

2 care to veterans as authorized by sections 8131 through 

3 8137 of title 38, United States Code, $85,000,000, to re4 main available until expended. 

5 GRANTS FOR CONSTRUCTION OF STATE VETERANS

6 CEMETERIES

7 For grants to assist States in establishing, expand8 ing, or improving State veterans cemeteries as authorized 

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

10 $42,000,000 (increased by $4,000,000), to remain avail11 able until expended. 

12 ADMINISTRATIVE PROVISIONS

13 (INCLUDING TRANSFER OF FUNDS)

14 SEC. 201. Any appropriation for fiscal year 2010 for 

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

16 and ‘‘Veterans insurance and indemnities’’ may be trans17 ferred as necessary to any other of the mentioned appro18 priations: Provided, That before a transfer may take place, 

19 the Secretary of Veterans Affairs shall request from the 

20 Committees on Appropriations of both Houses of Congress 

21 the authority to make the transfer and such Committees 

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

23 days has elapsed. 


smartinez on DSKB9S0YB1PROD with BILLS
44 

HR 3082 PP 

1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 202. Amounts made available for the Depart3 ment of Veterans Affairs for fiscal year 2010, in this Act 

4 or any other Act, under the ‘‘Medical services’’, ‘‘Medical 

5 support and compliance’’, and ‘‘Medical facilities’’ ac6 counts may be transferred among the accounts: Provided, 

7 That any transfers between the ‘‘Medical services’’ and 

8 ‘‘Medical support and compliance’’ accounts of 1 percent 

9 or less of the total amount appropriated to the account 

10 in this or any other Act may take place subject to notifica11 tion from the Secretary of Veterans Affairs to the Com12 mittees on Appropriations of both Houses of Congress of 

13 the amount and purpose of the transfer: Provides further, 

14 That any transfers between the ‘‘Medical services’’ and 

15 ‘‘Medical support and compliance’’ accounts in excess of 

16 1 percent, or exceeding the cumulative 1 percent for the 

17 fiscal year, may take place only after the Secretary re18 quests from the Committees on Appropriations of both 

19 Houses of Congress the authority to make the transfer 

20 and an approval is issued: Provided further, That any 

21 transfers to or from the ‘‘Medical facilities’’ account may 

22 take place only after the Secretary requests from the Com23 mittees on Appropriations of both Houses of Congress the 

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


smartinez on DSKB9S0YB1PROD with BILLS
45 

HR 3082 PP 

1 SEC. 203. Appropriations available in this title for 

2 salaries and expenses shall be available for services au3 thorized by section 3109 of title 5, United States Code, 

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

5 or both; and uniforms or allowances therefore, as author6 ized by sections 5901 through 5902 of title 5, United 

7 States Code. 

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

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

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

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

12 new hospital or home. 

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

14 available for hospitalization or examination of any persons 

15 (except beneficiaries entitled to such hospitalization or ex16 amination under the laws providing such benefits to vet17 erans, and persons receiving such treatment under sec18 tions 7901 through 7904 of title 5, United States Code, 

19 or the Robert T. Stafford Disaster Relief and Emergency 

20 Assistance Act (42 U.S.C. 5121 et seq.)), unless reim21 bursement of the cost of such hospitalization or examina22 tion is made to the ‘‘Medical services’’ account at such 

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

24 SEC. 206. Appropriations available in this title for 

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


smartinez on DSKB9S0YB1PROD with BILLS
46 

HR 3082 PP 

1 and ‘‘Veterans insurance and indemnities’’ shall be avail2 able for payment of prior year accrued obligations re3 quired to be recorded by law against the corresponding 

4 prior year accounts within the last quarter of fiscal year 

5 2009. 

6 SEC. 207. Appropriations available in this title shall 

7 be available to pay prior year obligations of corresponding 

8 prior year appropriations accounts resulting from sections 

9 3328(a), 3334, and 3712(a) of title 31, United States 

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

11 accounts they shall be payable only from ‘‘Compensation 

12 and pensions’’. 

13 (INCLUDING TRANSFER OF FUNDS)

14 SEC. 208. Notwithstanding any other provision of 

15 law, during fiscal year 2010, the Secretary of Veterans 

16 Affairs shall, from the National Service Life Insurance 

17 Fund under section 1920 of title 38, United States Code, 

18 the Veterans’ Special Life Insurance Fund under section 

19 1923 of title 38, United States Code, and the United 

20 States Government Life Insurance Fund under section 

21 1955 of title 38, United States Code, reimburse the ‘‘Gen22 eral operating expenses’’ and ‘‘Information technology sys23 tems’’ accounts for the cost of administration of the insur24 ance programs financed through those accounts: Provided, 

25 That reimbursement shall be made only from the surplus 


smartinez on DSKB9S0YB1PROD with BILLS
47 

HR 3082 PP 

1 earnings accumulated in such an insurance program dur2 ing fiscal year 2010 that are available for dividends in that 

3 program after claims have been paid and actuarially deter4 mined reserves have been set aside: Provided further, That 

5 if the cost of administration of such an insurance program 

6 exceeds the amount of surplus earnings accumulated in 

7 that program, reimbursement shall be made only to the 

8 extent of such surplus earnings: Provided further, That the 

9 Secretary shall determine the cost of administration for 

10 fiscal year 2010 which is properly allocable to the provi11 sion of each such insurance program and to the provision 

12 of any total disability income insurance included in that 

13 insurance program. 

14 SEC. 209. Amounts deducted from enhanced-use 

15 lease proceeds to reimburse an account for expenses in16 curred by that account during a prior fiscal year for pro17 viding enhanced-use lease services, may be obligated dur18 ing the fiscal year in which the proceeds are received. 

19 (INCLUDING TRANSFER OF FUNDS)

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

21 salaries and other administrative expenses shall also be 

22 available to reimburse the Office of Resolution Manage23 ment of the Department of Veterans Affairs and the Of24 fice of Employment Discrimination Complaint Adjudica25 tion under section 319 of title 38, United States Code, 


smartinez on DSKB9S0YB1PROD with BILLS
48 

HR 3082 PP 

1 for all services provided at rates which will recover actual 

2 costs but not exceed $35,257,000 for the Office of Resolu3 tion Management and $3,287,000 for the Office of Em4 ployment and Discrimination Complaint Adjudication: 

5 Provided, That payments may be made in advance for 

6 services to be furnished based on estimated costs: Provided 

7 further, That amounts received shall be credited to the 

8 ‘‘General operating expenses’’ and ‘‘Information tech9 nology systems’’ accounts for use by the office that pro10 vided the service. 

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

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

13 the estimated annual rental cost is more than $1,000,000, 

14 unless the Secretary submits a report which the Commit15 tees on Appropriations of both Houses of Congress ap16 prove within 30 days following the date on which the re17 port is received. 

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

19 Affairs shall be available for hospital care, nursing home 

20 care, or medical services provided to any person under 

21 chapter 17 of title 38, United States Code, for a non-serv22 ice-connected disability described in section 1729(a)(2) of 

23 such title, unless that person has disclosed to the Sec24 retary of Veterans Affairs, in such form as the Secretary 

25 may require, current, accurate third-party reimbursement 


smartinez on DSKB9S0YB1PROD with BILLS
49 

HR 3082 PP 

1 information for purposes of section 1729 of such title: Pro2 vided, That the Secretary may recover, in the same man3 ner as any other debt due the United States, the reason4 able charges for such care or services from any person who 

5 does not make such disclosure as required: Provided fur6 ther, That any amounts so recovered for care or services 

7 provided in a prior fiscal year may be obligated by the 

8 Secretary during the fiscal year in which amounts are re9 ceived. 

10 (INCLUDING TRANSFER OF FUNDS)

11 SEC. 213. Notwithstanding any other provision of 

12 law, proceeds or revenues derived from enhanced-use leas13 ing activities (including disposal) may be deposited into 

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

15 minor projects’’ accounts and be used for construction (in16 cluding site acquisition and disposition), alterations, and 

17 improvements of any medical facility under the jurisdic18 tion or for the use of the Department of Veterans Affairs. 

19 Such sums as realized are in addition to the amount pro20 vided for in ‘‘Construction, major projects’’ and ‘‘Con21 struction, minor projects’’. 

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

23 services’’ are available— 

24 (1) for furnishing recreational facilities, sup25 plies, and equipment; and 


smartinez on DSKB9S0YB1PROD with BILLS
50 

HR 3082 PP 

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

2 other expenses incidental to funerals and burials for 

3 beneficiaries receiving care in the Department. 

4 (INCLUDING TRANSFER OF FUNDS)

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

6 Medical Care Collections Fund pursuant to section 1729A 

7 of title 38, United States Code, may be transferred to 

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

9 the purposes of that account. 

10 SEC. 216. Notwithstanding any other provision of 

11 law, the Secretary of Veterans Affairs shall allow veterans 

12 who are eligible under existing Department of Veterans 

13 Affairs medical care requirements and who reside in Alas14 ka to obtain medical care services from medical facilities 

15 supported by the Indian Health Service or tribal organiza16 tions. The Secretary shall: (1) limit the application of this 

17 provision to rural Alaskan veterans in areas where an ex18 isting Department of Veterans Affairs facility or Veterans 

19 Affairs-contracted service is unavailable; (2) require par20 ticipating veterans and facilities to comply with all appro21 priate rules and regulations, as established by the Sec22 retary; (3) require this provision to be consistent with 

23 Capital Asset Realignment for Enhanced Services activi24 ties; and (4) result in no additional cost to the Department 

25 of Veterans Affairs or the Indian Health Service. 


smartinez on DSKB9S0YB1PROD with BILLS
51 

HR 3082 PP 

1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 217. Such sums as may be deposited to the De3 partment of Veterans Affairs Capital Asset Fund pursu4 ant to section 8118 of title 38, United States Code, may 

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

6 ‘‘Construction, minor projects’’ accounts, to remain avail7 able until expended for the purposes of these accounts. 

8 SEC. 218. None of the funds available to the Depart9 ment of Veterans Affairs, in this Act, or any other Act, 

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

11 Veterans Integrated Services Networks select and contract 

12 for diabetes monitoring supplies and equipment. 

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

14 title may be used to implement any policy prohibiting the 

15 Directors of the Veterans Integrated Services Networks 

16 from conducting outreach or marketing to enroll new vet17 erans within their respective Networks. 

18 SEC. 220. The Secretary of Veterans Affairs shall 

19 submit to the Committees on Appropriations of both 

20 Houses of Congress a quarterly report on the financial 

21 status of the Veterans Health Administration. 

22 (INCLUDING TRANSFER OF FUNDS)

23 SEC. 221. Amounts made available under the ‘‘Med24 ical services’’, ‘‘Medical support and compliance’’, ‘‘Med25 ical facilities’’, ‘‘General operating expenses’’, and ‘‘NaVerDate Nov 24 2008 06:08 Nov 21, 2009 Jkt 089200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6401 E:\BILLS\H3082.PP H3082

smartinez on DSKB9S0YB1PROD with BILLS
52 

HR 3082 PP 

1 tional Cemetery Administration’’ accounts for fiscal year 

2 2010, may be transferred to or from the ‘‘Information 

3 technology systems’’ account: Provided, That before a 

4 transfer may take place, the Secretary of Veterans Affairs 

5 shall request from the Committees on Appropriations of 

6 both Houses of Congress the authority to make the trans7 fer and an approval is issued. 

8 SEC. 222. Amounts made available for the ‘‘Informa9 tion technology systems’’ account may be transferred be10 tween projects: Provided, That no project may be in11 creased or decreased by more than $1,000,000 of cost 

12 prior to submitting a request to the Committees on Appro13 priations of both Houses of Congress to make the transfer 

14 and an approval is issued, or absent a response, a period 

15 of 30 days has elapsed. 

16 SEC. 223. None of the funds appropriated or other17 wise made available by this Act or any other Act for the 

18 Department of Veterans Affairs may be used in a manner 

19 that is inconsistent with— 

20 (1) section 842 of the Transportation, Treas21 ury, Housing and Urban Development, the Judici22 ary, the District of Columbia, and Independent 

23 Agencies Appropriations Act, 2006 (Public Law 

24 109–115; 119 Stat. 2506); or 


smartinez on DSKB9S0YB1PROD with BILLS
53 

HR 3082 PP 

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

2 Code. 

3 SEC. 224. Of the amounts made available to the De4 partment of Veterans Affairs for fiscal year 2010, in this 

5 Act or any other Act, under the ‘‘Medical facilities’’ ac6 count for non-recurring maintenance, not more than 20 

7 percent of the funds made available shall be obligated dur8 ing the last 2 months of that fiscal year: Provided, That 

9 the Secretary may waive this requirement after providing 

10 written notice to the Committees on Appropriations of 

11 both Houses of Congress. 

12 SEC. 225. Section 1925(d)(3) of title 38, United 

13 States Code, is amended by striking ‘‘appropriation ‘Gen14 eral Operating Expenses, Department of Veterans Af15 fairs’ ’’ and inserting ‘‘appropriations for ‘General Oper16 ating Expenses and Information Technology Systems, De17 partment of Veterans Affairs’ ’’. 

18 SEC. 226. Section 1922(a) of title 38, United States 

19 Code, is amended by striking ‘‘administrative costs to the 

20 Government for the costs of’’ and inserting ‘‘administra21 tive support financed by the appropriations for ‘General 

22 Operating Expenses, Department of Veterans Affairs’ and 

23 ‘Information Technology Systems, Department of Vet24 erans Affairs’ for’’. 


smartinez on DSKB9S0YB1PROD with BILLS
54 

HR 3082 PP 

1 TITLE III 

2 RELATED AGENCIES 

3 AMERICAN BATTLE MONUMENTS COMMISSION

4 SALARIES AND EXPENSES

5 For necessary expenses, not otherwise provided for, 

6 of the American Battle Monuments Commission, including 

7 the acquisition of land or interest in land in foreign coun8 tries; purchases and repair of uniforms for caretakers of 

9 national cemeteries and monuments outside of the United 

10 States and its territories and possessions; rent of office 

11 and garage space in foreign countries; purchase (one-for12 one replacement basis only) and hire of passenger motor 

13 vehicles; not to exceed $7,500 for official reception and 

14 representation expenses; and insurance of official motor 

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

16 countries, $61,800,000, to remain available until ex17 pended. 

18 FOREIGN CURRENCY FLUCTUATIONS ACCOUNT

19 For necessary expenses, not otherwise provided for, 

20 of the American Battle Monuments Commission, such 

21 sums as may be necessary, to remain available until ex22 pended, for purposes authorized by section 2109 of title 

23 36, United States Code. 


smartinez on DSKB9S0YB1PROD with BILLS
55 

HR 3082 PP 

1 UNITED STATES COURT OF APPEALS FOR VETERANS

2 CLAIMS

3 SALARIES AND EXPENSES

4 For necessary expenses for the operation of the 

5 United States Court of Appeals for Veterans Claims as 

6 authorized by sections 7251 through 7298 of title 38, 

7 United States Code, $27,115,000 (increased by 

8 $1,000,000), of which $1,820,000 (increased by 

9 $1,000,000) shall be available for the purpose of providing 

10 financial assistance as described, and in accordance with 

11 the process and reporting procedures set forth, under this 

12 heading in Public Law 102–229. 

13 DEPARTMENT OF DEFENSE—CIVIL

14 CEMETERIAL EXPENSES, ARMY

15 SALARIES AND EXPENSES

16 For necessary expenses, as authorized by law, for 

17 maintenance, operation, and improvement of Arlington 

18 National Cemetery and Soldiers’ and Airmen’s Home Na19 tional Cemetery, including the purchase of two passenger 

20 motor vehicles for replacement only, and not to exceed 

21 $1,000 for official reception and representation expenses, 

22 $42,500,000, to remain available until expended: Pro23 vided, That none of the funds available under this heading 

24 shall be for construction of a perimeter wall at Arlington 

25 National Cemetery. In addition, such sums as may be necVerDate Nov 24 2008 06:08 Nov 21, 2009 Jkt 089200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6401 E:\BILLS\H3082.PP H3082

smartinez on DSKB9S0YB1PROD with BILLS
56 

HR 3082 PP 

1 essary for parking maintenance, repairs and replacement, 

2 to be derived from the Lease of Department of Defense 

3 Real Property for Defense Agencies account. 

4 Funds appropriated under this Act may be provided 

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

6 federally-owned water main at Arlington National Ceme7 tery making additional land available for ground burials. 

8 ARMED FORCES RETIREMENT HOME

9 TRUST FUND

10 For expenses necessary for the Armed Forces Retire11 ment Home to operate and maintain the Armed Forces 

12 Retirement Home—Washington, District of Columbia and 

13 the Armed Forces Retirement Home—Gulfport, Mis14 sissippi, to be paid from funds available in the Armed 

15 Forces Retirement Home Trust Fund, $134,000,000, of 

16 which $72,000,000 shall remain available until expended 

17 for construction and renovation of the physical plants at 

18 the Armed Forces Retirement Home—Washington, Dis19 trict of Columbia and the Armed Forces Retirement 

20 Home—Gulfport, Mississippi. 

21 TITLE IV 

22 GENERAL PROVISIONS 

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

24 this Act shall remain available for obligation beyond the 

25 current fiscal year unless expressly so provided herein. 


smartinez on DSKB9S0YB1PROD with BILLS
57 

HR 3082 PP 

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

2 year 2010 for pay raises for programs funded by this Act 

3 shall be absorbed within the levels appropriated in this 

4 Act. 

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

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

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

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

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

10 law relating to risk assessment, the protection of private 

11 property rights, or unfunded mandates. 

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

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

14 other than for normal and recognized executive-legislative 

15 relationships, for publicity or propaganda purposes, and 

16 for the preparation, distribution, or use of any kit, pam17 phlet, booklet, publication, radio, television, or film presen18 tation designed to support or defeat legislation pending 

19 before Congress, except in presentation to Congress itself. 

20 SEC. 405. All departments and agencies funded under 

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

22 statutory authorities and funding, to expand their use of 

23 ‘‘E-Commerce’’ technologies and procedures in the con24 duct of their business practices and public service activi25 ties. 


smartinez on DSKB9S0YB1PROD with BILLS
58 

HR 3082 PP 

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

2 Act may be transferred to any department, agency, or in3 strumentality of the United States Government except 

4 pursuant to a transfer made by, or transfer authority pro5 vided in, this or any other appropriations Act. 

6 SEC. 407. Unless stated otherwise, all reports and no7 tifications required by this Act shall be submitted to the 

8 Subcommittee on Military Construction, Veterans Affairs, 

9 and Related Agencies of the Committee on Appropriations 

10 of the House of Representatives and the Subcommittee on 

11 Military Construction, Veterans Affairs, and Related 

12 Agencies of the Committee on Appropriations of the Sen13 ate. 

14 SEC. 408. None of the funds made available in this 

15 Act may be used for a project or program named for an 

16 individual serving as a Member, Delegate, or Resident 

17 Commissioner of the United States Congress. 

18 SEC. 409. Not later than 60 days after the date of 

19 the enactment of this Act, the Secretary of Veterans Af20 fairs shall submit to Congress a report detailing the cur21 rent and planned use of Hyperbaric Oxygen Therapy 

22 (hereinafter in this section referred to as ‘‘HBOT’’) in De23 partment of Veterans Affairs medical facilities. Such re24 port shall include the number of veterans being treated 

25 with HBOT, the types of conditions being treated with 


smartinez on DSKB9S0YB1PROD with BILLS
59 

HR 3082 PP 

1 HBOT and their respective success rates, and the current 

2 inventory of hyperbaric chambers. 

3 SEC. 410. None of the funds made available in this 

4 Act may be used for the processing of new enhanced use 

5 leases in the three original National Homes for Disabled 

6 Volunteer Soldiers (soldier’s home branches) established 

7 before 1868. 

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

9 and Veterans Affairs Appropriations Act, 2010’’. 

10 That the following sums are appropriated, out of any 

11 money in the Treasury not otherwise appropriated, for 

12 military construction, the Department of Veterans Affairs, 

13 and related agencies for the fiscal year ending September 

14 30, 2010, and for other purposes, namely: 

15 TITLE I 

16 DEPARTMENT OF DEFENSE 

17 MILITARY CONSTRUCTION, ARMY

18 For acquisition, construction, installation, and equip19 ment of temporary or permanent public works, military in20 stallations, facilities, and real property for the Army as 

21 currently authorized by law, including personnel in the 

22 Army Corps of Engineers and other personal services nec23 essary for the purposes of this appropriation, and for con24 struction and operation of facilities in support of the func25 tions of the Commander in Chief, $3,477,673,000, to remain 


smartinez on DSKB9S0YB1PROD with BILLS
60 

HR 3082 PP 

1 available until September 30, 2014: Provided, That of this 

2 amount, not to exceed $191,573,000 shall be available for 

3 study, planning, design, architect and engineer services, 

4 and host nation support, as authorized by law, unless the 

5 Secretary of Defense determines that additional obligations 

6 are necessary for such purposes and notifies the Committees 

7 on Appropriations of both Houses of Congress of the deter8 mination and the reasons therefor: Provided further, That 

9 the amounts made available under this heading shall be ex10 pended for the projects and activities, and in the amounts 

11 specified, under this heading in the Committee rec12 ommendations and detail tables, including the table entitled 

13 ‘‘Military Construction Projects Listing by Location’’ in the 

14 report accompanying this Act. 

15 MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

16 For acquisition, construction, installation, and equip17 ment of temporary or permanent public works, naval in18 stallations, facilities, and real property for the Navy and 

19 Marine Corps as currently authorized by law, including 

20 personnel in the Naval Facilities Engineering Command 

21 and other personal services necessary for the purposes of this 

22 appropriation, $3,548,771,000, to remain available until 

23 September 30, 2014: Provided, That of this amount, not to 

24 exceed $176,896,000 shall be available for study, planning, 

25 design, and architect and engineer services, as authorized 


smartinez on DSKB9S0YB1PROD with BILLS
61 

HR 3082 PP 

1 by law, unless the Secretary of Defense determines that ad2 ditional obligations are necessary for such purposes and no3 tifies the Committees on Appropriations of both Houses of 

4 Congress of the determination and the reasons therefor: Pro5 vided further, That the amounts made available under this 

6 heading shall be expended for the projects and activities, 

7 and in the amounts specified, under this heading in the 

8 Committee recommendations and detail tables, including 

9 the table entitled ‘‘Military Construction Projects Listing 

10 by Location’’ in the report accompanying this Act. 

11 MILITARY CONSTRUCTION, AIR FORCE

12 For acquisition, construction, installation, and equip13 ment of temporary or permanent public works, military in14 stallations, facilities, and real property for the Air Force 

15 as currently authorized by law, $1,213,539,000, to remain 

16 available until September 30, 2014, of which $9,800,000 

17 shall be for an Aircraft Fuel Systems Maintenance Dock 

18 at Columbus AFB, Mississippi: Provided, That of this 

19 amount, not to exceed $106,918,000 shall be available for 

20 study, planning, design, and architect and engineer serv21 ices, as authorized by law, unless the Secretary of Defense 

22 determines that additional obligations are necessary for 

23 such purposes and notifies the Committees on Appropria24 tions of both Houses of Congress of the determination and 

25 the reasons therefor: Provided further, That the amounts 


smartinez on DSKB9S0YB1PROD with BILLS
62 

HR 3082 PP 

1 made available under this heading shall be expended for the 

2 projects and activities, and in the amounts specified, under 

3 this heading in the Committee recommendations and detail 

4 tables, including the table entitled ‘‘Military Construction 

5 Projects Listing by Location’’ in the report accompanying 

6 this Act. 

7 MILITARY CONSTRUCTION, DEFENSE-WIDE

8 (INCLUDING TRANSFER OF FUNDS)

9 For acquisition, construction, installation, and equip10 ment of temporary or permanent public works, installa11 tions, facilities, and real property for activities and agen12 cies of the Department of Defense (other than the military 

13 departments), as currently authorized by law, 

14 $3,069,114,000, to remain available until September 30, 

15 2014: Provided, That such amounts of this appropriation 

16 as may be determined by the Secretary of Defense may be 

17 transferred to such appropriations of the Department of De18 fense available for military construction or family housing 

19 as the Secretary may designate, to be merged with and to 

20 be available for the same purposes, and for the same time 

21 period, as the appropriation or fund to which transferred: 

22 Provided further, That of the amount appropriated, not to 

23 exceed $142,942,000 shall be available for study, planning, 

24 design, and architect and engineer services, as authorized 

25 by law, unless the Secretary of Defense determines that adVerDate Nov 24 2008 06:08 Nov 21, 2009 Jkt 089200 PO 00000 Frm 00062 Fmt 6652 Sfmt 6203 E:\BILLS\H3082.PP H3082

smartinez on DSKB9S0YB1PROD with BILLS
63 

HR 3082 PP 

1 ditional obligations are necessary for such purposes and no2 tifies the Committees on Appropriations of both Houses of 

3 Congress of the determination and the reasons therefor: Pro4 vided further, That the amounts made available under this 

5 heading shall be expended for the projects and activities, 

6 and in the amounts specified, under this heading in the 

7 Committee recommendations and detail tables, including 

8 the table entitled ‘‘Military Construction Projects Listing 

9 by Location’’ in the report accompanying this Act. 

10 MILITARY CONSTRUCTION, ARMY NATIONAL GUARD

11 For construction, acquisition, expansion, rehabilita12 tion, and conversion of facilities for the training and ad13 ministration of the Army National Guard, and contribu14 tions therefor, as authorized by chapter 1803 of title 10, 

15 United States Code, and Military Construction Authoriza16 tion Acts, $497,210,000, to remain available until Sep17 tember 30, 2014: Provided, That the amounts made avail18 able under this heading shall be expended for the projects 

19 and activities, and in the amounts specified, under this 

20 heading in the Committee recommendations and detail ta21 bles, including the table entitled ‘‘Military Construction 

22 Projects Listing by Location’’ in the report accompanying 

23 this Act. 


smartinez on DSKB9S0YB1PROD with BILLS
64 

HR 3082 PP 

1 MILITARY CONSTRUCTION, AIR NATIONAL GUARD

2 For construction, acquisition, expansion, rehabilita3 tion, and conversion of facilities for the training and ad4 ministration of the Air National Guard, and contributions 

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

6 States Code, and Military Construction Authorization Acts, 

7 $297,661,000, to remain available until September 30, 

8 2014: Provided, That the amounts made available under 

9 this heading shall be expended for the projects and activi10 ties, and in the amounts specified, under this heading in 

11 the Committee recommendations and detail tables, includ12 ing the table entitled ‘‘Military Construction Projects List13 ing by Location’’ in the report accompanying this Act. 

14 MILITARY CONSTRUCTION, ARMY RESERVE

15 For construction, acquisition, expansion, rehabilita16 tion, and conversion of facilities for the training and ad17 ministration of the Army Reserve as authorized by chapter 

18 1803 of title 10, United States Code, and Military Con19 struction Authorization Acts, $379,012,000, to remain 

20 available until September 30, 2014: Provided, That the 

21 amounts made available under this heading shall be ex22 pended for the projects and activities, and in the amounts 

23 specified, under this heading in the Committee rec24 ommendations and detail tables, including the table entitled 


smartinez on DSKB9S0YB1PROD with BILLS
65 

HR 3082 PP 

1 ‘‘Military Construction Projects Listing by Location’’ in the 

2 report accompanying this Act. 

3 MILITARY CONSTRUCTION, NAVY RESERVE

4 For construction, acquisition, expansion, rehabilita5 tion, and conversion of facilities for the training and ad6 ministration of the reserve components of the Navy and Ma7 rine Corps as authorized by chapter 1803 of title 10, United 

8 States Code, and Military Construction Authorization Acts, 

9 $64,124,000, to remain available until September 30, 2014: 

10 Provided, That the amounts made available under this 

11 heading shall be expended for the projects and activities, 

12 and in the amounts specified, under this heading in the 

13 Committee recommendations and detail tables, including 

14 the table entitled ‘‘Military Construction Projects Listing 

15 by Location’’ in the report accompanying this Act. 

16 MILITARY CONSTRUCTION, AIR FORCE RESERVE

17 For construction, acquisition, expansion, rehabilita18 tion, and conversion of facilities for the training and ad19 ministration of the Air Force Reserve as authorized by 

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

21 Construction Authorization Acts, $47,376,000, to remain 

22 available until September 30, 2014: Provided, That the 

23 amounts made available under this heading shall be ex24 pended for the projects and activities, and in the amounts 

25 specified, under this heading in the Committee recVerDate Nov 24 2008 06:08 Nov 21, 2009 Jkt 089200 PO 00000 Frm 00065 Fmt 6652 Sfmt 6203 E:\BILLS\H3082.PP H3082

smartinez on DSKB9S0YB1PROD with BILLS
66 

HR 3082 PP 

1 ommendations and detail tables, including the table entitled 

2 ‘‘Military Construction Projects Listing by Location’’ in the 

3 report accompanying this Act. 

4 NORTH ATLANTIC TREATY ORGANIZATION SECURITY

5 INVESTMENT PROGRAM

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

7 Atlantic Treaty Organization Security Investment Pro8 gram for the acquisition and construction of military facili9 ties and installations (including international military 

10 headquarters) and for related expenses for the collective de11 fense of the North Atlantic Treaty Area as authorized by 

12 section 2806 of title 10, United States Code, and Military 

13 Construction Authorization Acts, $276,314,000, to remain 

14 available until expended: Provided, That of the amount ap15 propriated, not to exceed $41,400,000 shall be available for 

16 the United States share of the planning, design and con17 struction of a new North Atlantic Treaty Organization 

18 headquarters. 

19 FAMILY HOUSING CONSTRUCTION, ARMY

20 For expenses of family housing for the Army for con21 struction, including acquisition, replacement, addition, ex22 pansion, extension, and alteration, as authorized by law, 

23 $273,236,000, to remain available until September 30, 

24 2014: Provided, That the amounts made available under 

25 this heading shall be expended for the projects and activiVerDate Nov 24 2008 06:08 Nov 21, 2009 Jkt 089200 PO 00000 Frm 00066 Fmt 6652 Sfmt 6203 E:\BILLS\H3082.PP H3082

smartinez on DSKB9S0YB1PROD with BILLS
67 

HR 3082 PP 

1 ties, and in the amounts specified, under this heading in 

2 the Committee recommendations and detail tables, includ3 ing the table entitled ‘‘Military Construction Projects List4 ing by Location’’ in the report accompanying this Act. 

5 FAMILY HOUSING OPERATION AND MAINTENANCE, ARMY

6 For expenses of family housing for the Army for oper7 ation and maintenance, including debt payment, leasing, 

8 minor construction, principal and interest charges, and in9 surance premiums, as authorized by law, $523,418,000. 

10 FAMILY HOUSING CONSTRUCTION, NAVY AND MARINE

11 CORPS

12 For expenses of family housing for the Navy and Ma13 rine Corps for construction, including acquisition, replace14 ment, addition, expansion, extension, and alteration, as au15 thorized by law, $146,569,000, to remain available until 

16 September 30, 2014: Provided, That the amounts made 

17 available under this heading shall be expended for the 

18 projects and activities, and in the amounts specified, under 

19 this heading in the Committee recommendations and detail 

20 tables, including the table entitled ‘‘Military Construction 

21 Projects Listing by Location’’ in the report accompanying 

22 this Act. 


smartinez on DSKB9S0YB1PROD with BILLS
68 

HR 3082 PP 

1 FAMILY HOUSING OPERATION AND MAINTENANCE, NAVY

2 AND MARINE CORPS

3 For expenses of family housing for the Navy and Ma4 rine Corps for operation and maintenance, including debt 

5 payment, leasing, minor construction, principal and inter6 est charges, and insurance premiums, as authorized by law, 

7 $368,540,000. 

8 FAMILY HOUSING CONSTRUCTION, AIR FORCE

9 For expenses of family housing for the Air Force for 

10 construction, including acquisition, replacement, addition, 

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

12 $66,101,000, to remain available until September 30, 2014: 

13 Provided, That the amounts made available under this 

14 heading shall be expended for the projects and activities, 

15 and in the amounts specified, under this heading in the 

16 Committee recommendations and detail tables, including 

17 the table entitled ‘‘Military Construction Projects Listing 

18 by Location’’ in the report accompanying this Act. 

19 FAMILY HOUSING OPERATION AND MAINTENANCE, AIR

20 FORCE

21 For expenses of family housing for the Air Force for 

22 operation and maintenance, including debt payment, leas23 ing, minor construction, principal and interest charges, 

24 and insurance premiums, as authorized by law, 

25 $502,936,000. 


smartinez on DSKB9S0YB1PROD with BILLS
69 

HR 3082 PP 

1 FAMILY HOUSING CONSTRUCTION, DEFENSE-WIDE

2 For expenses of family housing for the activities and 

3 agencies of the Department of Defense (other than the mili4 tary departments) for construction, including acquisition, 

5 replacement, addition, expansion, extension and alteration, 

6 as authorized by law, $2,859,000, to remain available until 

7 September 30, 2014: Provided, That the amounts made 

8 available under this heading shall be expended for the 

9 projects and activities, and in the amounts specified, under 

10 this heading in the Committee recommendations and detail 

11 tables, including the table entitled ‘‘Military Construction 

12 Projects Listing by Location’’ in the report accompanying 

13 this Act. 

14 FAMILY HOUSING OPERATION AND MAINTENANCE, 

15 DEFENSE-WIDE

16 For expenses of family housing for the activities and 

17 agencies of the Department of Defense (other than the mili18 tary departments) for operation and maintenance, leasing, 

19 and minor construction, as authorized by law, $49,214,000. 

20 DEPARTMENT OF DEFENSE FAMILY HOUSING

21 IMPROVEMENT FUND

22 For the Department of Defense Family Housing Im23 provement Fund, $2,600,000, to remain available until ex24 pended, for family housing initiatives undertaken pursuant 

25 to section 2883 of title 10, United States Code, providing 


smartinez on DSKB9S0YB1PROD with BILLS
70 

HR 3082 PP 

1 alternative means of acquiring and improving military 

2 family housing and supporting facilities. 

3 HOMEOWNERS ASSISTANCE FUND

4 For the Homeowners Assistance Fund established by 

5 section 1013 of the Demonstration Cities and Metropolitan 

6 Development Act of 1966 (42 U.S.C. 3374), as amended by 

7 section 1001 of division A of the American Recovery and 

8 Reinvestment Act of 2009 (Public Law 111–5; 123 Stat. 

9 194), $373,225,000, to remain available until expended. 

10 CHEMICAL DEMILITARIZATION CONSTRUCTION, DEFENSE11 WIDE

12 For expenses of construction, not otherwise provided 

13 for, necessary for the destruction of the United States stock14 pile of lethal chemical agents and munitions in accordance 

15 with section 1412 of the Department of Defense Authoriza16 tion Act, 1986 (50 U.S.C. 1521), and for the destruction 

17 of other chemical warfare materials that are not in the 

18 chemical weapon stockpile, as currently authorized by law, 

19 $151,541,000, to remain available until September 30, 

20 2014, which shall be only for the Assembled Chemical Weap21 ons Alternatives program: Provided, That the amounts 

22 made available under this heading shall be expended for the 

23 projects and activities, and in the amounts specified, under 

24 this heading in the Committee recommendations and detail 

25 tables, including the table entitled ‘‘Military Construction 


smartinez on DSKB9S0YB1PROD with BILLS
71 

HR 3082 PP 

1 Projects Listing by Location’’ in the report accompanying 

2 this Act. 

3 DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 1990 

4 For deposit into the Department of Defense Base Clo5 sure Account 1990, established by section 2906(a)(1) of the 

6 Defense Base Closure and Realignment Act of 1990 (10 

7 U.S.C. 2687 note), $421,768,000, to remain available until 

8 expended. 

9 DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 2005 

10 For deposit into the Department of Defense Base Clo11 sure Account 2005, established by section 2906A(a)(1) of the 

12 Defense Base Closure and Realignment Act of 1990 (10 

13 U.S.C. 2687 note), $7,479,498,000, to remain available 

14 until expended: Provided, That the Department of Defense 

15 shall notify the Committees on Appropriations of both 

16 Houses of Congress 14 days prior to obligating an amount 

17 for a construction project that exceeds or reduces the amount 

18 identified for that project in the most recently submitted 

19 budget request for this account by 20 percent or $2,000,000, 

20 whichever is less: Provided further, That the previous pro21 viso shall not apply to projects costing less than $5,000,000, 

22 except for those projects not previously identified in any 

23 budget submission for this account and exceeding the minor 

24 construction threshold under 10 U.S.C. 2805. 


smartinez on DSKB9S0YB1PROD with BILLS
72 

HR 3082 PP 

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 ex5 ceed $25,000, to be performed within the United States, ex6 cept Alaska, without the specific approval in writing of the 

7 Secretary of Defense setting forth the reasons therefor. 

8 SEC. 102. Funds made available in this title for con9 struction shall be available for hire of passenger motor vehi10 cles. 

11 SEC. 103. Funds made available in this title for con12 struction may be used for advances to the Federal Highway 

13 Administration, Department of Transportation, for the con14 struction of access roads as authorized by section 210 of 

15 title 23, United States Code, when projects authorized there16 in are certified as important to the national defense by the 

17 Secretary of Defense. 

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

19 title may be used to begin construction of new bases in the 

20 United States for which specific appropriations have not 

21 been made. 

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

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

24 in excess of 100 percent of the value as determined by the 

25 Army Corps of Engineers or the Naval Facilities EngineerVerDate Nov 24 2008 06:08 Nov 21, 2009 Jkt 089200 PO 00000 Frm 00072 Fmt 6652 Sfmt 6203 E:\BILLS\H3082.PP H3082

smartinez on DSKB9S0YB1PROD with BILLS
73 

HR 3082 PP 

1 ing Command, except: (1) where there is a determination 

2 of value by a Federal court; (2) purchases negotiated by 

3 the Attorney General or the designee of the Attorney Gen4 eral; (3) where the estimated value is less than $25,000; or 

5 (4) as otherwise determined by the Secretary of Defense to 

6 be in the public interest. 

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

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

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

10 except housing for which funds have been made available 

11 in annual Acts making appropriations for military con12 struction. 

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

14 title for minor construction may be used to transfer or relo15 cate any activity from one base or installation to another, 

16 without prior notification to the Committees on Appropria17 tions of both Houses of Congress. 

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

19 title may be used for the procurement of steel for any con20 struction project or activity for which American steel pro21 ducers, fabricators, and manufacturers have been denied the 

22 opportunity to compete for such steel procurement. 

23 SEC. 109. None of the funds available to the Depart24 ment of Defense for military construction or family housing 


smartinez on DSKB9S0YB1PROD with BILLS
74 

HR 3082 PP 

1 during the current fiscal year may be used to pay real prop2 erty 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 Appropria6 tions 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 projects 

10 to be accomplished in Japan, in any North Atlantic Treaty 

11 Organization member country, or in countries bordering the 

12 Arabian Sea, unless such contracts are awarded to United 

13 States firms or United States firms in joint venture with 

14 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, That 

21 this section shall not be applicable to contract awards for 

22 which the lowest responsive and responsible bid of a United 

23 States contractor exceeds the lowest responsive and respon24 sible bid of a foreign contractor by greater than 20 percent: 

25 Provided furtherThat this section shall not apply to conVerDate Nov 24 2008 06:08 Nov 21, 2009 Jkt 089200 PO 00000 Frm 00074 Fmt 6652 Sfmt 6203 E:\BILLS\H3082.PP H3082

smartinez on DSKB9S0YB1PROD with BILLS
75 

HR 3082 PP 

1 tract awards for military construction on Kwajalein Atoll 

2 for which the lowest responsive and responsible bid is sub3 mitted by a Marshallese contractor. 

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

5 appropriate committees of both Houses of Congress, includ6 ing the Committees on Appropriations, of the plans and 

7 scope of any proposed military exercise involving United 

8 States personnel 30 days prior to its occurring, if amounts 

9 expended for construction, either temporary or permanent, 

10 are anticipated to exceed $100,000. 

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

12 available in this title which are limited for obligation dur13 ing the current fiscal year shall be obligated during the last 

14 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 cur20 rent 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, inspection, 


smartinez on DSKB9S0YB1PROD with BILLS
76 

HR 3082 PP 

1 overhead, engineering and design on those projects and on 

2 subsequent claims, if any. 

3 SEC. 117. Notwithstanding any other provision of law, 

4 any funds made available to a military department or de5 fense agency for the construction of military projects may 

6 be obligated for a military construction project or contract, 

7 or for any portion of such a project or contract, at any 

8 time before the end of the fourth fiscal year after the fiscal 

9 year for which funds for such project were made available, 

10 if the funds obligated for such project: (1) are obligated from 

11 funds available for military construction projects; and (2) 

12 do not exceed the amount appropriated for such project, 

13 plus any amount by which the cost of such project is in14 creased pursuant to law. 

15 SEC. 118. (a) The Secretary of Defense, in consultation 

16 with the Secretary of State, shall submit to the Committees 

17 on Appropriations of both Houses of Congress, by February 

18 15 of each year, an annual report in unclassified and, if 

19 necessary, classified form, on actions taken by the Depart20 ment of Defense and the Department of State during the 

21 previous fiscal year to encourage host countries to assume 

22 a greater share of the common defense burden of such coun23 tries and the United States. 

24 (b) The report under subsection (a) shall include a de25 scription of— 


smartinez on DSKB9S0YB1PROD with BILLS
77 

HR 3082 PP 

1 (1) attempts to secure cash and in-kind contribu2 tions from host countries for military construction 

3 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 deeded 

10 or otherwise imparted to host countries upon the ces11 sation of United States operations at military instal12 lations; 

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 NATO 

20 budget. 

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

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

23 United States allies bordering the Arabian Sea. 


smartinez on DSKB9S0YB1PROD with BILLS
78 

HR 3082 PP 

1 (INCLUDING TRANSFER OF FUNDS)

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

3 available to the Department of Defense, proceeds deposited 

4 to the Department of Defense Base Closure Account estab5 lished by section 207(a)(1) of the Defense Authorization 

6 Amendments and Base Closure and Realignment Act (10 

7 U.S.C. 2687 note) pursuant to section 207(a)(2)(C) of such 

8 Act, may be transferred to the account established by section 

9 2906(a)(1) of the Defense Base Closure and Realignment 

10 Act of 1990 (10 U.S.C. 2687 note), to be merged with, and 

11 to be available for the same purposes and the same time 

12 period as that account. 

13 (INCLUDING TRANSFER OF FUNDS)

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

15 Committees on Appropriations of both Houses of Congress, 

16 such additional amounts as may be determined by the Sec17 retary of Defense may be transferred to: (1) the Department 

18 of Defense Family Housing Improvement Fund from 

19 amounts appropriated for construction in ‘‘Family Hous20 ing’’ accounts, to be merged with and to be available for 

21 the same purposes and for the same period of time as 

22 amounts appropriated directly to the Fund; or (2) the De23 partment of Defense Military Unaccompanied Housing Im24 provement Fund from amounts appropriated for construc25 tion of military unaccompanied housing in ‘‘Military ConVerDate Nov 24 2008 06:08 Nov 21, 2009 Jkt 089200 PO 00000 Frm 00078 Fmt 6652 Sfmt 6203 E:\BILLS\H3082.PP H3082

smartinez on DSKB9S0YB1PROD with BILLS
79 

HR 3082 PP 

1 struction’’ accounts, to be merged with and to be available 

2 for the same purposes and for the same period of time as 

3 amounts appropriated directly to the Fund: Provided, That 

4 appropriations made available to the Funds shall be avail5 able to cover the costs, as defined in section 502(5) of the 

6 Congressional Budget Act of 1974, of direct loans or loan 

7 guarantees issued by the Department of Defense pursuant 

8 to the provisions of subchapter IV of chapter 169 of title 

9 10, United States Code, pertaining to alternative means of 

10 acquiring and improving military family housing, military 

11 unaccompanied housing, and supporting facilities. 

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

13 any solicitation for a contract with the private sector for 

14 military family housing the Secretary of the military de15 partment concerned shall submit to the Committees on Ap16 propriations of both Houses of Congress the notice described 

17 in subsection (b). 

18 (b)(1) A notice referred to in subsection (a) is a notice 

19 of any guarantee (including the making of mortgage or 

20 rental payments) proposed to be made by the Secretary to 

21 the private party under the contract involved in the event 

22 of— 

23 (A) the closure or realignment of the installation 

24 for which housing is provided under the contract; 


smartinez on DSKB9S0YB1PROD with BILLS
80 

HR 3082 PP 

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

2 such installation; or 

3 (C) the extended deployment overseas of units 

4 stationed at such installation. 

5 (2) Each notice under this subsection shall specify the 

6 nature of the guarantee involved and assess the extent and 

7 likelihood, if any, of the liability of the Federal Government 

8 with respect to the guarantee. 

9 (INCLUDING TRANSFER OF FUNDS)

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

11 available to the Department of Defense, amounts may be 

12 transferred from the accounts established by sections 

13 2906(a)(1) and 2906A(a)(1) of the Defense Base Closure 

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

15 fund established by section 1013(d) of the Demonstration 

16 Cities and Metropolitan Development Act of 1966 (42 

17 U.S.C. 3374) to pay for expenses associated with the Home18 owners Assistance Program incurred under 42 U.S.C. 

19 3374(a)(1)(A). Any amounts transferred shall be merged 

20 with and be available for the same purposes and for the 

21 same time period as the fund to which transferred. 

22 SEC. 123. Funds made available in this title for oper23 ation and maintenance of family housing shall be the exclu24 sive source of funds for repair and maintenance of all fam25 ily housing units, including general or flag officer quarters: 


smartinez on DSKB9S0YB1PROD with BILLS
81 

HR 3082 PP 

1 Provided, That not more than $35,000 per unit may be 

2 spent annually for the maintenance and repair of any gen3 eral or flag officer quarters without 30 days prior notifica4 tion to the Committees on Appropriations of both Houses 

5 of Congress, except that an after-the-fact notification shall 

6 be submitted if the limitation is exceeded solely due to costs 

7 associated with environmental remediation that could not 

8 be reasonably anticipated at the time of the budget submis9 sion: Provided further, That the Under Secretary of Defense 

10 (Comptroller) is to report annually to the Committees on 

11 Appropriations of both Houses of Congress all operation 

12 and maintenance expenditures for each individual general 

13 or flag officer quarters for the prior fiscal year. 

14 SEC. 124. Amounts contained in the Ford Island Im15 provement Account established by subsection (h) of section 

16 2814 of title 10, United States Code, are appropriated and 

17 shall be available until expended for the purposes specified 

18 in subsection (i)(1) of such section or until transferred pur19 suant to subsection (i)(3) of such section. 

20 (INCLUDING TRANSFER OF FUNDS)

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

22 title, or in any Act making appropriations for military 

23 construction which remain available for obligation, may be 

24 obligated or expended to carry out a military construction, 

25 land acquisition, or family housing project at or for a miliVerDate Nov 24 2008 06:08 Nov 21, 2009 Jkt 089200 PO 00000 Frm 00081 Fmt 6652 Sfmt 6203 E:\BILLS\H3082.PP H3082

smartinez on DSKB9S0YB1PROD with BILLS
82 

HR 3082 PP 

1 tary installation approved for closure, or at a military in2 stallation for the purposes of supporting a function that has 

3 been approved for realignment to another installation, in 

4 2005 under the Defense Base Closure and Realignment Act 

5 of 1990 (part A of title XXIX of Public Law 101–510; 10 

6 U.S.C. 2687 note), unless such a project at a military in7 stallation approved for realignment will support a con8 tinuing mission or function at that installation or a new 

9 mission or function that is planned for that installation, 

10 or unless the Secretary of Defense certifies that the cost to 

11 the United States of carrying out such project would be less 

12 than the cost to the United States of cancelling such project, 

13 or if the project is at an active component base that shall 

14 be established as an enclave or in the case of projects having 

15 multi-agency use, that another Government agency has in16 dicated it will assume ownership of the completed project. 

17 The Secretary of Defense may not transfer funds made 

18 available as a result of this limitation from any military 

19 construction project, land acquisition, or family housing 

20 project to another account or use such funds for another 

21 purpose or project without the prior approval of the Com22 mittees on Appropriations of both Houses of Congress. This 

23 section shall not apply to military construction projects, 

24 land acquisition, or family housing projects for which the 

25 project is vital to the national security or the protection 


smartinez on DSKB9S0YB1PROD with BILLS
83 

HR 3082 PP 

1 of health, safety, or environmental quality: Provided, That 

2 the Secretary of Defense shall notify the congressional de3 fense committees within seven days of a decision to carry 

4 out such a military construction project. 

5 (INCLUDING TRANSFER OF FUNDS)

6 SEC. 126. During the 5-year period after appropria7 tions available in this Act to the Department of Defense 

8 for military construction and family housing operation and 

9 maintenance and construction have expired for obligation, 

10 upon a determination that such appropriations will not be 

11 necessary for the liquidation of obligations or for making 

12 authorized adjustments to such appropriations for obliga13 tions incurred during the period of availability of such ap14 propriations, unobligated balances of such appropriations 

15 may be transferred into the appropriation ‘‘Foreign Cur16 rency Fluctuations, Construction, Defense’’, to be merged 

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

18 the same purposes as the appropriation to which trans19 ferred. 

20 SEC. 127. Amounts appropriated or otherwise made 

21 available in an account funded under the headings in this 

22 title may be transferred among projects and activities with23 in that account in accordance with the reprogramming 

24 guidelines for military construction and family housing 

25 construction contained in the report accompanying this 


smartinez on DSKB9S0YB1PROD with BILLS
84 

HR 3082 PP 

1 Act, and in the guidance for military construction 

2 reprogrammings and notifications contained in Depart3 ment of Defense Financial Management Regulation 

4 7000.14–R, Volume 3, Chapter 7, of December 1996, as in 

5 effect on the date of enactment of this Act. 

6 SEC. 128. (a) During each of fiscal years 2010 through 

7 2014, the Secretary of Defense shall submit to the congres8 sional defense committees a report analyzing alternative de9 signs for any major construction projects requested in that 

10 fiscal year related to the security of strategic nuclear weap11 ons facilities. 

12 (b) The report shall examine, with regard to each alter13 native— 

14 (1) the costs, including full life cycle costs; and 

15 (2) the benefits, including security enhancements. 

16 SEC. 129. Not later than each of April 15, 2010, July 

17 15, 2010, and October 15, 2010, the Secretary of Defense 

18 shall submit to the congressional defense committees a con19 solidated report from each of the military departments and 

20 Defense agencies identifying, by project and dollar amount, 

21 bid savings resulting from cost and scope variations pursu22 ant to section 2853 of title 10, United States Code, exceed23 ing 25 percent of the appropriated amount for military con24 struction projects funded by this Act, the Supplemental Ap25 propriations Act, 2009 (Public Law 111–32), and the MiliVerDate Nov 24 2008 06:08 Nov 21, 2009 Jkt 089200 PO 00000 Frm 00084 Fmt 6652 Sfmt 6203 E:\BILLS\H3082.PP H3082

smartinez on DSKB9S0YB1PROD with BILLS
85 

HR 3082 PP 

1 tary Construction and Veterans Affairs Appropriations Act, 

2 2009 (division E of Public Law 110–329), including 

3 projects funded through the regular military construction 

4 accounts, the Department of Defense Base Closure Account 

5 2005, and the overseas contingency operations military con6 struction accounts. 

7 SEC. 130. (a) Of the funds appropriated or otherwise 

8 made available by this title under the heading ‘‘DEPART9 MENT OF DEFENSE BASE CLOSURE ACCOUNT, 2005’’, 

10 $450,000 shall be available for the Secretary of Defense to 

11 enter into an arrangement with the National Academy of 

12 Sciences to conduct a study through the Transportation Re13 search Board of Federal funding of transportation improve14 ments to accommodate installation growth associated with 

15 the 2005 Defense Base Closure and Realignment (BRAC) 

16 program. 

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

18 shall— 

19 (1) examine case studies of congestion caused on 

20 metropolitan road and transit facilities when BRAC 

21 requirements cause shifts in personnel to occur faster 

22 than facilities can be improved through the usual 

23 State and local processes; 

24 (2) review the criteria used by the Defense Access 

25 Roads (DAR) program for determining the eligibility 


smartinez on DSKB9S0YB1PROD with BILLS
86 

HR 3082 PP 

1 of transportation projects and the appropriate De2 partment of Defense share of public highway and 

3 transit improvements in BRAC cases; 

4 (3) assess the adequacy of current Federal sur5 face transportation and Department of Defense pro6 grams that fund highway and transit improvements 

7 in BRAC cases to mitigate transportation impacts in 

8 urban areas with preexisting traffic congestion and 

9 saturated roads; 

10 (4) identify promising approaches for funding 

11 road and transit improvements and streamlining 

12 transportation project approvals in BRAC cases; and 

13 (5) provide recommendations for modifications of 

14 current policy for the DAR and Office of Economic 

15 Adjustment programs, including funding strategies, 

16 road capacity assessments, eligibility criteria, and 

17 other government policies and programs the National 

18 Academy of Sciences may identify, to mitigate the 

19 impact of BRAC-related installation growth on pre20 existing urban congestion. 

21 (c) The Secretary of Defense shall enter into an ar22 rangement with the National Academy of Sciences to pro23 vide the study conducted pursuant to subsection (a) by not 

24 later than 45 days after the date of the enactment of the 

25 Act. 


smartinez on DSKB9S0YB1PROD with BILLS
87 

HR 3082 PP 

1 (d)(1) Not later than May 15, 2010, the National 

2 Academy of Sciences shall provide an interim report of its 

3 findings to the Secretary of Defense and the Committees on 

4 Armed Services and Appropriations of the Senate and the 

5 House of Representatives. 

6 (2) Not later than January 31, 2011, the National 

7 Academy of Sciences shall provide a final report of its find8 ings to the Secretary of Defense and the Committees on 

9 Armed Services and Appropriations of the Senate and the 

10 House of Representatives. 

11 SEC. 131. (a)(1) The amount appropriated or other12 wise made available by this title under the heading ‘‘MILI13 TARY CONSTRUCTION, AIR FORCE’’ is hereby increased by 

14 $37,500,000. 

15 (2) Of the amount appropriated or otherwise made 

16 available by this title under the heading ‘‘MILITARY CON17 STRUCTION, AIR FORCE’’, as increased by paragraph (1), 

18 $37,500,000 shall be available for construction of an Un19 manned Aerial System Field Training Complex at 

20 Holloman Air Force Base, New Mexico. 

21 (b) Of the amount appropriated or otherwise made 

22 available by title I of the Military Construction and Vet23 erans Affairs Appropriations Act, 2009 (division E of Pub24 lic Law 110–329; 122 Stat. 3692) under the heading ‘‘MILI25 TARY CONSTRUCTION, AIR FORCE’’ and available for the 


smartinez on DSKB9S0YB1PROD with BILLS
88 

HR 3082 PP 

1 purpose of Unmanned Aerial System Field Training facili2 ties construction, $38,500,000 is hereby rescinded. 

3 SEC. 132. (a)(1) The amount appropriated or other4 wise made available by this title under the heading ‘‘MILI5 TARY CONSTRUCTION, DEFENSE-WIDE’’ is hereby increased 

6 by $68,500,000, with the amount of such increase to remain 

7 available until September 30, 2014. 

8 (2) Of the amount appropriated or otherwise made 

9 available by this title under the heading ‘‘MILITARY CON10 STRUCTION, DEFENSE-WIDE’’, as increased by paragraph 

11 (1), $68,500,000 shall be available for the construction of 

12 an Aegis Ashore Test Facility at the Pacific Missile Range 

13 Facility, Hawaii. 

14 (b) Of the amount appropriated or otherwise made 

15 available by title I of the Military Construction and Vet16 erans Affairs Appropriations Act, 2009 (division E of Pub17 lic Law 110–329; 122 Stat. 3692) under the heading ‘‘MILI18 TARY CONSTRUCTION, DEFENSE-WIDE’’ and available for 

19 the purpose of European Ballistic Missile Defense program 

20 construction, $69,500,000 is hereby rescinded. 


smartinez on DSKB9S0YB1PROD with BILLS
89 

HR 3082 PP 

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 be7 half of veterans and a pilot program for disability examina8 tions as authorized by section 107 and chapters 11, 13, 18, 

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

10 benefits to or on behalf of veterans as authorized by chapters 

11 15, 51, 53, 55, and 61 of title 38, United States Code; and 

12 burial benefits, the Reinstated Entitlement Program for 

13 Survivors, emergency and other officers’ retirement pay, ad14 justed-service credits and certificates, payment of premiums 

15 due on commercial life insurance policies guaranteed under 

16 the provisions of title IV of the Servicemembers Civil Relief 

17 Act (50 U.S.C. App. 541 et seq.) and for other benefits as 

18 authorized by sections 107, 1312, 1977, and 2106, and 

19 chapters 23, 51, 53, 55, and 61 of title 38, United States 

20 Code, $47,218,207,000, to remain available until expended: 

21 Provided, That not to exceed $29,283,000 of the amount ap22 propriated under this heading shall be reimbursed to ‘‘Gen23 eral operating expenses’’, ‘‘Medical support and compli24 ance’’, and ‘‘Information technology systems’’ for necessary 

25 expenses in implementing the provisions of chapters 51, 53, 


smartinez on DSKB9S0YB1PROD with BILLS
90 

HR 3082 PP 

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

2 for 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 chapters 

11 21, 30, 31, 33, 34, 35, 36, 39, 51, 53, 55, and 61 of title 

12 38, United States Code, $8,663,624,000, to remain available 

13 until expended: Provided, That expenses for rehabilitation 

14 program services and assistance which the Secretary is au15 thorized to provide under subsection (a) of section 3104 of 

16 title 38, United States Code, other than under paragraphs 

17 (1), (2), (5), and (11) of that subsection, shall be charged 

18 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 and 

24 21, $49,288,000, to remain available until expended. 


smartinez on DSKB9S0YB1PROD with BILLS
91 

HR 3082 PP 

1 VETERANS HOUSING BENEFIT PROGRAM FUND

2 For the cost of direct and guaranteed loans, such sums 

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

4 by subchapters I through III of chapter 37 of title 38, 

5 United States Code: Provided, That such costs, including 

6 the cost of modifying such loans, shall be as defined in sec7 tion 502 of the Congressional Budget Act of 1974: Provided 

8 further, That during fiscal year 2010, within the resources 

9 available, not to exceed $500,000 in gross obligations for 

10 direct loans are authorized for specially adapted housing 

11 loans. 

12 In addition, for administrative expenses to carry out 

13 the direct and guaranteed loan programs, $165,082,000. 

14 VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT

15 (INCLUDING TRANSFER OF FUNDS)

16 For the cost of direct loans, $29,000, as authorized by 

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

18 such costs, including the cost of modifying such loans, shall 

19 be as defined in section 502 of the Congressional Budget 

20 Act of 1974: Provided further, That funds made available 

21 under this heading are available to subsidize gross obliga22 tions for the principal amount of direct loans not to exceed 

23 $2,298,000. 

24 In addition, for administrative expenses necessary to 

25 carry out the direct loan program, $328,000, which may 


smartinez on DSKB9S0YB1PROD with BILLS
92 

HR 3082 PP 

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 of 

7 title 38, United States Code, $664,000. 

8 GUARANTEED TRANSITIONAL HOUSING LOANS FOR

9 HOMELESS VETERANS PROGRAM ACCOUNT

10 For the administrative expenses to carry out the guar11 anteed transitional housing loan program authorized by 

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

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

14 Act for ‘‘General operating expenses’’ and ‘‘Medical support 

15 and compliance’’ 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 vet22 erans described in section 1705(a) of title 38, United States 

23 Code, including care and treatment in facilities not under 

24 the jurisdiction of the Department, and including medical 

25 supplies and equipment, food services, and salaries and exVerDate Nov 24 2008 06:08 Nov 21, 2009 Jkt 089200 PO 00000 Frm 00092 Fmt 6652 Sfmt 6203 E:\BILLS\H3082.PP H3082

smartinez on DSKB9S0YB1PROD with BILLS
93 

HR 3082 PP 

1 penses of healthcare employees hired under title 38, United 

2 States Code, and aid to State homes as authorized by sec3 tion 1741 of title 38, United States Code; $34,704,500,000, 

4 plus reimbursements: Provided, That of the funds made 

5 available under this heading, not to exceed $1,600,000,000 

6 shall be available until September 30, 2011: Provided fur7 ther, That, notwithstanding any other provision of law, the 

8 Secretary of Veterans Affairs shall establish a priority for 

9 the provision of medical treatment for veterans who have 

10 service-connected disabilities, lower income, or have special 

11 needs: Provided further, That, notwithstanding any other 

12 provision of law, the Secretary of Veterans Affairs shall give 

13 priority funding for the provision of basic medical benefits 

14 to veterans in enrollment priority groups 1 through 6: Pro15 vided further, That, notwithstanding any other provision 

16 of law, the Secretary of Veterans Affairs may authorize the 

17 dispensing of prescription drugs from Veterans Health Ad18 ministration facilities to enrolled veterans with privately 

19 written prescriptions based on requirements established by 

20 the Secretary: Provided further, That the implementation 

21 of the program described in the previous proviso shall incur 

22 no additional cost to the Department of Veterans Affairs: 

23 Provided further, That for the Department of Defense/De24 partment of Veterans Affairs Health Care Sharing Incen25 tive Fund, as authorized by section 8111(d) of title 38, 


smartinez on DSKB9S0YB1PROD with BILLS
94 

HR 3082 PP 

1 United States Code, a minimum of $15,000,000, to remain 

2 available until expended, for any purpose authorized by sec3 tion 8111 of title 38, United States Code. 

4 MEDICAL SUPPORT AND COMPLIANCE

5 For necessary expenses in the administration of the 

6 medical, hospital, nursing home, domiciliary, construction, 

7 supply, and research activities, as authorized by law; ad8 ministrative expenses in support of capital policy activities; 

9 and administrative and legal expenses of the Department 

10 for collecting and recovering amounts owed the Department 

11 as authorized under chapter 17 of title 38, United States 

12 Code, and the Federal Medical Care Recovery Act (42 

13 U.S.C. 2651 et seq.); $5,100,000,000, plus reimbursements, 

14 of which $250,000,000 shall be available until September 

15 30, 2011. 

16 MEDICAL FACILITIES

17 For necessary expenses for the maintenance and oper18 ation of hospitals, nursing homes, and domiciliary facilities 

19 and other necessary facilities of the Veterans Health Admin20 istration; for administrative expenses in support of plan21 ning, design, project management, real property acquisition 

22 and disposition, construction, and renovation of any facil23 ity under the jurisdiction or for the use of the Department; 

24 for oversight, engineering, and architectural activities not 

25 charged to project costs; for repairing, altering, improving, 


smartinez on DSKB9S0YB1PROD with BILLS
95 

HR 3082 PP 

1 or providing facilities in the several hospitals and homes 

2 under the jurisdiction of the Department, not otherwise pro3 vided for, either by contract or by the hire of temporary 

4 employees and purchase of materials; for leases of facilities; 

5 and for laundry services, $4,849,883,000, plus reimburse6 ments, of which $250,000,000 shall be available until Sep7 tember 30, 2011: Provided, That $100,000,000 for non-re8 curring maintenance provided under this heading shall be 

9 allocated in a manner not subject to the Veterans Equitable 

10 Resource Allocation. 

11 MEDICAL AND PROSTHETIC RESEARCH

12 For necessary expenses in carrying out programs of 

13 medical and prosthetic research and development as author14 ized by chapter 73 of title 38, United States Code, 

15 $580,000,000, plus reimbursements, to remain available 

16 until September 30, 2011. 

17 NATIONAL CEMETERY ADMINISTRATION

18 For necessary expenses of the National Cemetery Ad19 ministration for operations and maintenance, not otherwise 

20 provided for, including uniforms or allowances therefor; 

21 cemeterial expenses as authorized by law; purchase of one 

22 passenger motor vehicle for use in cemeterial operations; 

23 hire of passenger motor vehicles; and repair, alteration or 

24 improvement of facilities under the jurisdiction of the Na25 tional Cemetery Administration, $250,000,000, of which 


smartinez on DSKB9S0YB1PROD with BILLS
96 

HR 3082 PP 

1 not to exceed $24,200,000 shall be available until September 

2 30, 2011. 

3 DEPARTMENTAL ADMINISTRATION

4 GENERAL OPERATING EXPENSES

5 For necessary operating expenses of the Department of 

6 Veterans Affairs, not otherwise provided for, including ad7 ministrative expenses in support of Department-Wide cap8 ital planning, management and policy activities, uniforms, 

9 or allowances therefor; not to exceed $25,000 for official re10 ception and representation expenses; hire of passenger 

11 motor vehicles; and reimbursement of the General Services 

12 Administration for security guard services, and the Depart13 ment of Defense for the cost of overseas employee mail, 

14 $2,086,251,000: Provided, That expenses for services and as15 sistance authorized under paragraphs (1), (2), (5), and (11) 

16 of section 3104(a) of title 38, United States Code, that the 

17 Secretary of Veterans Affairs determines are necessary to 

18 enable entitled veterans: (1) to the maximum extent feasible, 

19 to become employable and to obtain and maintain suitable 

20 employment; or (2) to achieve maximum independence in 

21 daily living, shall be charged to this account: Provided fur22 ther, That the Veterans Benefits Administration shall be 

23 funded at not less than $1,689,207,000: Provided further, 

24 That of the funds made available under this heading, not 

25 to exceed $111,000,000 shall be available for obligation 


smartinez on DSKB9S0YB1PROD with BILLS
97 

HR 3082 PP 

1 until September 30, 2011: Provided further, That from the 

2 funds made available under this heading, the Veterans Ben3 efits Administration may purchase (on a one-for-one re4 placement basis only) up to two passenger motor vehicles 

5 for use in operations of that Administration in Manila, 

6 Philippines. 

7 INFORMATION TECHNOLOGY SYSTEMS

8 For necessary expenses for information technology sys9 tems and telecommunications support, including develop10 mental information systems and operational information 

11 systems; for pay and associated costs; and for the capital 

12 asset acquisition of information technology systems, includ13 ing management and related contractual costs of said ac14 quisitions, including contractual costs associated with oper15 ations authorized by section 3109 of title 5, United States 

16 Code, $3,307,000,000, plus reimbursements, to be available 

17 until September 30, 2011: Provided, That not later than 

18 30 days after the date of the enactment of this Act, the Sec19 retary of Veterans Affairs shall submit to the Committees 

20 on Appropriations of both Houses of Congress a reprogram21 ming base letter which sets forth, by project, the Operations 

22 and Maintenance and Salaries and Expenses costs to be 

23 carried out utilizing amounts made available by this head24 ing: Provided further, That of the amounts appropriated, 

25 $800,485,000 may not be obligated or expended until the 


smartinez on DSKB9S0YB1PROD with BILLS
98 

HR 3082 PP 

1 Secretary of Veterans Affairs or the Chief Information Offi2 cer of the Department of Veterans Affairs submits to the 

3 Committees on Appropriations of both Houses of Congress 

4 a certification of the amounts, in parts or in full, to be 

5 obligated and expended for each development project: Pro6 vided further, That amounts specified in the certification 

7 with respect to development projects under the preceding 

8 proviso shall be incorporated into the reprogramming base 

9 letter with respect to development projects funded using 

10 amounts appropriated by this heading. 

11 OFFICE OF INSPECTOR GENERAL

12 For necessary expenses of the Office of Inspector Gen13 eral, to include information technology, in carrying out the 

14 provisions of the Inspector General Act of 1978 (5 U.S.C. 

15 App.), $109,000,000, of which $6,000,000 shall be available 

16 until September 30, 2011. 

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 316, 

22 2404, 2406, 8102, 8103, 8106, 8108, 8109, 8110, and 8122 

23 of title 38, United States Code, including planning, archi24 tectural and engineering services, construction management 

25 services, maintenance or guarantee period services costs asVerDate Nov 24 2008 06:08 Nov 21, 2009 Jkt 089200 PO 00000 Frm 00098 Fmt 6652 Sfmt 6203 E:\BILLS\H3082.PP H3082

smartinez on DSKB9S0YB1PROD with BILLS
99 

HR 3082 PP 

1 sociated with equipment guarantees provided under the 

2 project, services of claims analysts, offsite utility and storm 

3 drainage system construction costs, and site acquisition, 

4 where the estimated cost of a project is more than the 

5 amount set forth in section 8104(a)(3)(A) of title 38, United 

6 States Code, or where funds for a project were made avail7 able in a previous major project appropriation, 

8 $1,194,000,000, to remain available until expended, of 

9 which $16,000,000 shall be to make reimbursements as pro10 vided in section 13 of the Contract Disputes Act of 1978 

11 (41 U.S.C. 612) for claims paid for contract disputes: Pro12 vided, That except for advance planning activities, includ13 ing needs assessments which may or may not lead to capital 

14 investments, and other capital asset management related 

15 activities, including portfolio development and management 

16 activities, and investment strategy studies funded through 

17 the advance planning fund and the planning and design 

18 activities funded through the design fund, including needs 

19 assessments which may or may not lead to capital invest20 ments, and funds provided for the purchase of land for the 

21 National Cemetery Administration through the land acqui22 sition line item, none of the funds appropriated under this 

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

24 approved by the Congress in the budgetary process: Pro25 vided further, That funds provided in this appropriation 


smartinez on DSKB9S0YB1PROD with BILLS
100 

HR 3082 PP 

1 for fiscal year 2010, for each approved project shall be obli2 gated: (1) by the awarding of a construction documents con3 tract by September 30, 2010; and (2) by the awarding of 

4 a construction contract by September 30, 2011: Provided 

5 further, That the Secretary of Veterans Affairs shall 

6 promptly submit to the Committees on Appropriations of 

7 both Houses of Congress a written report on any approved 

8 major construction project for which obligations are not in9 curred 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 which 

15 may lead to capital investments, architectural and engi16 neering services, maintenance or guarantee period services 

17 costs associated with equipment guarantees provided under 

18 the project, services of claims analysts, offsite utility and 

19 storm drainage system construction costs, and site acquisi20 tion, or for any of the purposes set forth in sections 316, 

21 2404, 2406, 8102, 8103, 8106, 8108, 8109, 8110, 8122, and 

22 8162 of title 38, United States Code, where the estimated 

23 cost of a project is equal to or less than the amount set 

24 forth in section 8104(a)(3)(A) of title 38, United States 

25 Code, $685,000,000, to remain available until expended, 


smartinez on DSKB9S0YB1PROD with BILLS
101 

HR 3082 PP 

1 along with unobligated balances of previous ‘‘Construction, 

2 minor projects’’ appropriations which are hereby made 

3 available for any project where the estimated cost is equal 

4 to or less than the amount set forth in such section: Pro5 vided, That funds in this account shall be available for: (1) 

6 repairs to any of the nonmedical facilities under the juris7 diction or for the use of the Department which are necessary 

8 because of loss or damage caused by any natural disaster 

9 or catastrophe; and (2) temporary measures necessary to 

10 prevent or to minimize 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, and 

16 domiciliary facilities in State homes, for furnishing care 

17 to veterans as authorized by sections 8131 through 8137 of 

18 title 38, United States Code, $115,000,000, to remain avail19 able until expended. 

20 GRANTS FOR CONSTRUCTION OF STATE VETERANS

21 CEMETERIES

22 For grants to assist States in establishing, expanding, 

23 or improving State veterans cemeteries as authorized by sec24 tion 2408 of title 38, United States Code, $42,000,000, to 

25 remain available until expended. 


smartinez on DSKB9S0YB1PROD with BILLS
102 

HR 3082 PP 

1 ADMINISTRATIVE PROVISIONS

2 (INCLUDING TRANSFER OF FUNDS)

3 SEC. 201. Any appropriation for fiscal year 2010 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 days 

12 has elapsed. 

13 (INCLUDING TRANSFER OF FUNDS)

14 SEC. 202. Amounts made available for the Department 

15 of Veterans Affairs for fiscal year 2010, in this Act or any 

16 other Act, under the ‘‘Medical services’’, ‘‘Medical support 

17 and compliance’’ and ‘‘Medical facilities’’ accounts may be 

18 transferred between the accounts to the extent necessary to 

19 implement the restructuring of the Veterans Health Admin20 istration accounts: Provided, That any transfers between 

21 the ‘‘Medical services’’ and ‘‘Medical support and compli22 ance’’ accounts of 1 percent or less of the total amount ap23 propriated to the account in this or any other Act may take 

24 place subject to notification from the Secretary of Veterans 

25 Affairs to the Committees on Appropriations of both Houses 


smartinez on DSKB9S0YB1PROD with BILLS
103 

HR 3082 PP 

1 of Congress of the amount and purpose of the transfer: Pro2 vided further, That any transfers between the ‘‘Medical serv3 ices’’ and ‘‘Medical support and compliance’’ accounts in 

4 excess of 1 percent, or exceeding the cumulative 1 percent 

5 for the fiscal year, may take place only after the Secretary 

6 requests from the Committees on Appropriations of both 

7 Houses of Congress the authority to make the transfer and 

8 an approval is issued: Provided further, That any transfer 

9 to or from the ‘‘Medical facilities’’ account may take place 

10 only after the Secretary requests from the Committees on 

11 Appropriations of both Houses of Congress the authority to 

12 make the transfer and an approval is issued. 

13 SEC. 203. Appropriations available in this title for sal14 aries and expenses shall be available for services authorized 

15 by section 3109 of title 5, United States Code, hire of pas16 senger motor vehicles; lease of a facility or land or both; 

17 and uniforms or allowances therefore, as authorized by sec18 tions 5901 through 5902 of title 5, United States Code. 

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

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

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

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

23 new hospital or home. 

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

25 available for hospitalization or examination of any persons 


smartinez on DSKB9S0YB1PROD with BILLS
104 

HR 3082 PP 

1 (except beneficiaries entitled to such hospitalization or ex2 amination under the laws providing such benefits to vet3 erans, and persons receiving such treatment under sections 

4 7901 through 7904 of title 5, United States Code, or the 

5 Robert T. Stafford Disaster Relief and Emergency Assist6 ance Act (42 U.S.C. 5121 et seq.)), unless reimbursement 

7 of the cost of such hospitalization or examination is made 

8 to the ‘‘Medical services’’ account at such rates as may be 

9 fixed by the Secretary of Veterans Affairs. 

10 SEC. 206. Appropriations available in this title for 

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

12 and ‘‘Veterans insurance and indemnities’’ shall be avail13 able for payment of prior year accrued obligations required 

14 to be recorded by law against the corresponding prior year 

15 accounts within the last quarter of fiscal year 2009. 

16 SEC. 207. Appropriations available in this title shall 

17 be available to pay prior year obligations of corresponding 

18 prior year appropriations accounts resulting from sections 

19 3328(a), 3334, and 3712(a) of title 31, United States Code, 

20 except that if such obligations are from trust fund accounts 

21 they shall be payable only from ‘‘Compensation and pen22 sions’’. 

23 (INCLUDING TRANSFER OF FUNDS)

24 SEC. 208. Notwithstanding any other provision of law, 

25 during fiscal year 2010, the Secretary of Veterans Affairs 


smartinez on DSKB9S0YB1PROD with BILLS
105 

HR 3082 PP 

1 shall, from the National Service Life Insurance Fund (38 

2 U.S.C. 1920), the Veterans’ Special Life Insurance Fund 

3 (38 U.S.C. 1923), and the United States Government Life 

4 Insurance Fund (38 U.S.C. 1955), reimburse the ‘‘General 

5 operating expenses’’ and ‘‘Information technology systems’’ 

6 accounts for the cost of administration of the insurance pro7 grams financed through those accounts: Provided, That re8 imbursement shall be made only from the surplus earnings 

9 accumulated in such an insurance program during fiscal 

10 year 2010 that are available for dividends in that program 

11 after claims have been paid and actuarially determined re12 serves have been set aside: Provided further, That if the cost 

13 of administration of such an insurance program exceeds the 

14 amount of surplus earnings accumulated in that program, 

15 reimbursement shall be made only to the extent of such sur16 plus earnings: Provided further, That the Secretary shall 

17 determine the cost of administration for fiscal year 2010 

18 which is properly allocable to the provision of each such 

19 insurance program and to the provision of any total dis20 ability income insurance included in that insurance pro21 gram. 

22 SEC. 209. Amounts deducted from enhanced-use lease 

23 proceeds to reimburse an account for expenses incurred by 

24 that account during a prior fiscal year for providing enVerDate Nov 24 2008 06:08 Nov 21, 2009 Jkt 089200 PO 00000 Frm 00105 Fmt 6652 Sfmt 6203 E:\BILLS\H3082.PP H3082

smartinez on DSKB9S0YB1PROD with BILLS
106 

HR 3082 PP 

1 hanced-use lease services, may be obligated during the fiscal 

2 year in which the proceeds are received. 

3 (INCLUDING TRANSFER OF FUNDS)

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

5 salaries and other administrative expenses shall also be 

6 available to reimburse the Office of Resolution Management 

7 of the Department of Veterans Affairs and the Office of Em8 ployment Discrimination Complaint Adjudication under 

9 section 319 of title 38, United States Code, for all services 

10 provided at rates which will recover actual costs but not 

11 exceed $34,158,000 for the Office of Resolution Management 

12 and $3,278,000 for the Office of Employment and Discrimi13 nation Complaint Adjudication: Provided, That payments 

14 may be made in advance for services to be furnished based 

15 on estimated costs: Provided further, That amounts received 

16 shall be credited to the ‘‘General operating expenses’’ and 

17 ‘‘Information technology systems’’ accounts for use by the 

18 office that provided the service. 

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

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

21 the estimated annual rental is more than $1,000,000 unless 

22 the Secretary submits a report which the Committees on 

23 Appropriations of both Houses of Congress approve within 

24 30 days following the date on which the report is received. 


smartinez on DSKB9S0YB1PROD with BILLS
107 

HR 3082 PP 

1 SEC. 212. No funds of the Department of Veterans Af2 fairs shall be available for hospital care, nursing home care, 

3 or medical services provided to any person under chapter 

4 17 of title 38, United States Code, for a non-service-con5 nected disability described in section 1729(a)(2) of such 

6 title, unless that person has disclosed to the Secretary of 

7 Veterans Affairs, in such form as the Secretary may require, 

8 current, accurate third-party reimbursement information 

9 for purposes of section 1729 of such title: Provided, That 

10 the Secretary may recover, in the same manner as any other 

11 debt due the United States, the reasonable charges for such 

12 care or services from any person who does not make such 

13 disclosure as required: Provided further, That any amounts 

14 so recovered for care or services provided in a prior fiscal 

15 year may be obligated by the Secretary during the fiscal 

16 year in which amounts are received. 

17 (INCLUDING TRANSFER OF FUNDS)

18 SEC. 213. Notwithstanding any other provision of law, 

19 proceeds or revenues derived from enhanced-use leasing ac20 tivities (including disposal) may be deposited into the 

21 ‘‘Construction, major projects’’ and ‘‘Construction, minor 

22 projects’’ accounts and be used for construction (including 

23 site acquisition and disposition), alterations, and improve24 ments of any medical facility under the jurisdiction or for 

25 the use of the Department of Veterans Affairs. Such sums 


smartinez on DSKB9S0YB1PROD with BILLS
108 

HR 3082 PP 

1 as realized are in addition to the amount provided for in 

2 ‘‘Construction, major projects’’ and ‘‘Construction, minor 

3 projects’’. 

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

5 services’’ are available— 

6 (1) for furnishing recreational facilities, sup7 plies, and equipment; and 

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

9 other expenses incidental to funerals and burials for 

10 beneficiaries receiving care in the Department. 

11 (INCLUDING TRANSFER OF FUNDS)

12 SEC. 215. Such sums as may be deposited to the Med13 ical Care Collections Fund pursuant to section 1729A of 

14 title 38, United States Code, may be transferred to ‘‘Medical 

15 services’’, to remain available until expended for the pur16 poses of that account: Provided, That, for fiscal year 2010, 

17 $200,000,000 deposited in the Department of Veterans Af18 fairs Medical Care Collections Fund shall be transferred to 

19 ‘‘Medical Facilities’’, to remain available until expended, 

20 for non-recurring maintenance at existing Veterans Health 

21 Administration medical facilities: Provided further, That 

22 the allocation of amounts transferred to ‘‘Medical Facili23 ties’’ under the preceding proviso shall not be subject to the 

24 Veterans Equitable Resource Allocation formula. 


smartinez on DSKB9S0YB1PROD with BILLS
109 

HR 3082 PP 

1 SEC. 216. The Secretary of Veterans Affairs may enter 

2 into agreements with Community Health Centers in rural 

3 Alaska, Indian tribes and tribal organizations which are 

4 party to the Alaska Native Health Compact with the Indian 

5 Health Service, and Indian tribes and tribal organizations 

6 serving rural Alaska which have entered into contracts with 

7 the Indian Health Service under the Indian Self Deter8 mination and Educational Assistance Act, to provide 

9 healthcare, including behavioral health and dental care. The 

10 Secretary shall require participating veterans and facilities 

11 to comply with all appropriate rules and regulations, as 

12 established by the Secretary. The term ‘‘rural Alaska’’ shall 

13 mean those lands sited within the external boundaries of 

14 the Alaska Native regions specified in sections 7(a)(1)–(4) 

15 and (7)–(12) of the Alaska Native Claims Settlement Act, 

16 as amended (43 U.S.C. 1606), and those lands within the 

17 Alaska Native regions specified in sections 7(a)(5) and 

18 7(a)(6) of the Alaska Native Claims Settlement Act, as 

19 amended (43 U.S.C. 1606), which are not within the bound20 aries of the Municipality of Anchorage, the Fairbanks North 

21 Star Borough, the Kenai Peninsula Borough or the 

22 Matanuska Susitna Borough. 

23 (INCLUDING TRANSFER OF FUNDS)

24 SEC. 217. Such sums as may be deposited to the De25 partment of Veterans Affairs Capital Asset Fund pursuant 


smartinez on DSKB9S0YB1PROD with BILLS
110 

HR 3082 PP 

1 to section 8118 of title 38, United States Code, may be 

2 transferred to the ‘‘Construction, major projects’’ and ‘‘Con3 struction, minor projects’’ accounts, to remain available 

4 until expended for the purposes of these accounts. 

5 SEC. 218. None of the funds made available in this 

6 title may be used to implement any policy prohibiting the 

7 Directors of the Veterans Integrated Services Networks from 

8 conducting outreach or marketing to enroll new veterans 

9 within their respective Networks. 

10 SEC. 219. The Secretary of Veterans Affairs shall sub11 mit to the Committees on Appropriations of both Houses 

12 of Congress a quarterly report on the financial status of 

13 the Veterans Health Administration. 

14 (INCLUDING TRANSFER OF FUNDS)

15 SEC. 220. Amounts made available under the ‘‘Medical 

16 services’’, ‘‘Medical support and compliance’’, ‘‘Medical fa17 cilities’’, ‘‘General operating expenses’’, and ‘‘National 

18 Cemetery Administration’’ accounts for fiscal year 2010, 

19 may be transferred to or from the ‘‘Information technology 

20 systems’’ account: Provided, That before a transfer may take 

21 place, the Secretary of Veterans Affairs shall request from 

22 the Committees on Appropriations of both Houses of Con23 gress the authority to make the transfer and an approval 

24 is issued. 


smartinez on DSKB9S0YB1PROD with BILLS
111 

HR 3082 PP 

1 SEC. 221. Amounts made available for the ‘‘Informa2 tion technology systems’’ account may be transferred be3 tween projects: Provided, That no project may be increased 

4 or decreased by more than $1,000,000 of cost prior to sub5 mitting a request to the Committees on Appropriations of 

6 both Houses of Congress to make the transfer and an ap7 proval is issued, or absent a response, a period of 30 days 

8 has elapsed. 

9 (INCLUDING TRANSFER OF FUNDS)

10 SEC. 222. Any balances in prior year accounts estab11 lished for the payment of benefits under the Reinstated En12 titlement Program for Survivors shall be transferred to and 

13 merged with amounts available under the ‘‘Compensation 

14 and pensions’’ account, and receipts that would otherwise 

15 be credited to the accounts established for the payment of 

16 benefits under the Reinstated Entitlement Program for Sur17 vivors program shall be credited to amounts available under 

18 the ‘‘Compensation and pensions’’ account. 

19 SEC. 223. The Department shall continue research into 

20 Gulf War illness at levels not less than those made available 

21 in fiscal year 2009, within available funds contained in 

22 this Act. 

23 SEC. 224. (a) Upon a determination by the Secretary 

24 of Veterans Affairs that such action is in the national inter25 est, and will have a direct benefit for veterans through inVerDate Nov 24 2008 06:08 Nov 21, 2009 Jkt 089200 PO 00000 Frm 00111 Fmt 6652 Sfmt 6203 E:\BILLS\H3082.PP H3082

smartinez on DSKB9S0YB1PROD with BILLS
112 

HR 3082 PP 

1 creased access to treatment, the Secretary of Veterans Af2 fairs may transfer not more than $5,000,000 to the Sec3 retary of Health and Human Services for the Graduate 

4 Psychology Education Program, which includes treatment 

5 of veterans, to support increased training of psychologists 

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

7 traumatic brain injury, and related disorders. 

8 (b) The Secretary of Health and Human Services may 

9 only use funds transferred under this section for the pur10 poses described in subsection (a). 

11 (c) The Secretary of Veterans Affairs shall notify Con12 gress of any such transfer of funds under this section. 

13 SEC. 225. None of the funds appropriated or otherwise 

14 made available by this Act or any other Act for the Depart15 ment of Veterans Affairs may be used in a manner that 

16 is inconsistent with— 

17 (1) section 842 of the Transportation, Treasury, 

18 Housing and Urban Development, the Judiciary, and 

19 Independent Agencies Appropriations Act, 2006 (Pub20 lic Law 109–115; 119 Stat. 2506); or 

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

22 Code. 

23 SEC. 226. Of the amounts made available to the De24 partment of Veterans Affairs for fiscal year 2010, in this 

25 Act or any other Act, under the ‘‘Medical Facilities’’ acVerDate Nov 24 2008 06:08 Nov 21, 2009 Jkt 089200 PO 00000 Frm 00112 Fmt 6652 Sfmt 6203 E:\BILLS\H3082.PP H3082

smartinez on DSKB9S0YB1PROD with BILLS
113 

HR 3082 PP 

1 count for non-recurring maintenance, not more than 20 

2 percent of the funds made available shall be obligated dur3 ing the last 2 months of the fiscal year: Provided, That the 

4 Secretary may waive this requirement after providing writ5 ten notice to the Committees on Appropriations of both 

6 Houses of Congress. 

7 SEC. 227. Section 1925(d)(3) of title 38, United States 

8 Code, is amended by striking ‘‘appropriation ‘General Op9 erating Expenses, Department of Veterans Affairs’ ’’, and 

10 inserting ‘‘appropriations for ‘General Operating Expenses 

11 and Information Technology Systems, Department of Vet12 erans Affairs’ ’’. 

13 SEC. 228. Section 1922(a) of title 38, United States 

14 Code, is amended by striking ‘‘(5) administrative costs to 

15 the Government for the costs of’’, and inserting ‘‘(5) admin16 istrative support performed by General Operating Expenses 

17 and Information Technology Systems, Department of Vet18 erans Affairs, for’’. 

19 SEC. 229. (a) ADDITIONAL AMOUNT FOR STATE VET20 ERANS CEMETERIES.—The amount appropriated by this 

21 title under the heading ‘‘GRANTS FOR CONSTRUCTION OF

22 STATE VETERANS CEMETERIES’’ is hereby increased by 

23 $4,000,000. 


smartinez on DSKB9S0YB1PROD with BILLS
114 

HR 3082 PP 

1 (b) OFFSET.—The amount appropriated or otherwise 

2 made available by this title under the heading ‘‘GENERAL

3 OPERATING EXPENSES’’ is hereby decreased by $4,000,000. 

4 SEC. 230. (a)(1)(A) Of the amount made available by 

5 this title for the Veterans Health Administration under the 

6 heading ‘‘MEDICAL SERVICES’’, $1,500,000 shall be available 

7 to allow the Secretary of Veterans Affairs to offer incentives 

8 to qualified health care providers working in underserved 

9 rural areas designated by the Veterans Health Administra10 tion, in addition to amounts otherwise available for other 

11 pay and incentives. 

12 (B) Health care providers shall be eligible for incen13 tives pursuant to this paragraph only for the period of time 

14 that they serve in designated areas. 

15 (2)(A) Of the amount made available by this title for 

16 the Veterans Health Administration under the heading 

17 ‘‘MEDICAL SUPPORT AND COMPLIANCE’’, $1,500,000 shall be 

18 available to allow the Secretary of Veterans Affairs to offer 

19 incentives to qualified health care administrators working 

20 in underserved rural areas designated by the Veterans 

21 Health Administration, in addition to amounts otherwise 

22 available for other pay and incentives. 

23 (B) Health care administrators shall be eligible for in24 centives pursuant to this paragraph only for the period of 

25 time that they serve in designated areas. 


smartinez on DSKB9S0YB1PROD with BILLS
115 

HR 3082 PP 

1 (b) Not later than March 31, 2010, the Secretary of 

2 Veterans Affairs shall submit to the Committees on Vet3 erans’ Affairs and Appropriations of the Senate and the 

4 House of Representatives a report detailing the number of 

5 new employees receiving incentives under the pilot program 

6 established pursuant to this section, describing the potential 

7 for retaining those employees, and explaining the structure 

8 of the program. 

9 SEC. 231. (a) NAMING OF HEALTH CARE CENTER.— 

10 Effective October 1, 2010, the North Chicago Veterans Af11 fairs Medical Center located in Lake County, Illinois, shall 

12 be known and designated as the ‘‘Captain James A. Lovell 

13 Federal Health Care Center’’. 

14 (b) REFERENCES.—Any reference to the medical center 

15 referred to in subsection (a) in any law, regulation, map, 

16 document, record, or other paper of the United States shall 

17 be considered to be a reference to the Captain James A. 

18 Lovell Federal Health Care Center. 

19 SEC. 232. Section 315(b) of title 38, United States 

20 Code, is amended by striking ‘‘December 31, 2009’’ and in21 serting ‘‘December 31, 2010’’. 

22 SEC. 233. Of the amount appropriated or otherwise 

23 made available by this title under the heading ‘‘MEDICAL

24 SERVICES’’, $150,000,000 may be available for the grant 


smartinez on DSKB9S0YB1PROD with BILLS
116 

HR 3082 PP 

1 program under section 2011 of title 38, United States Code, 

2 and per diem payments under section 2012 of such title. 

3 SEC. 234. Of the amounts appropriated or otherwise 

4 made available by this title for the Department of Veterans 

5 Affairs, up to $5,000,000 may be available for the study 

6 required by section 1077 of the National Defense Authoriza7 tion Act for Fiscal Year 2010. 

8 SEC. 235. (a) CAMPUS OUTREACH AND SERVICES FOR

9 MENTAL HEALTH AND NEUROLOGICAL CONDITIONS.—Of 

10 the amounts appropriated or otherwise made available by 

11 this title, $5,000,000 may be available to conduct outreach 

12 to and provide services at institutions of higher education 

13 to ensure that veterans enrolled in programs of education 

14 at such institutions have information on and access to care 

15 and services for neurological and psychological issues. 

16 (b) SUPPLEMENT NOT SUPPLANT.—The amount de17 scribed in subsection (a) for the purposes described in such 

18 subsection is in addition to amounts otherwise appro19 priated or made available for readjustment counseling and 

20 related mental health services. 

21 SEC. 236. In administering section 51.210(d) of title 

22 38, Code of Federal Regulations, the Secretary of Veterans 

23 Affairs may permit a State home to provide services to, in 

24 addition to non-veterans described in such section, a non25 veteran any of whose children died while serving in the 


smartinez on DSKB9S0YB1PROD with BILLS
117 

HR 3082 PP 

1 Armed Forces, as long as such services are not denied to 

2 a qualified veteran seeking such services. 

3 SEC. 237. (a) DESIGNATION OF ROBLEY REX DEPART4 MENT OF VETERANS AFFAIRS MEDICAL CENTER.—The De5 partment of Veterans Affairs Medical Center in Louisville, 

6 Kentucky, and any successor to such medical center, shall 

7 after the date of the enactment of this Act be known and 

8 designated as the ‘‘Robley Rex Department of Veterans Af9 fairs Medical Center’’. 

10 (b) REFERENCES.—Any reference in any law, regula11 tion, map, document, record, or other paper of the United 

12 States to the medical center referred to in subsection (a) 

13 shall be considered to be a reference to the Robley Rex De14 partment of Veterans Affairs Medical Center. 

15 SEC. 238. (a) ADDITIONAL AMOUNT FOR HOMELESS

16 VETERANS COMPREHENSIVE SERVICE PROGRAMS AND

17 HOUSING ASSISTANCE AND SUPPORTIVE SERVICES.—The 

18 amount appropriated by this title under the heading ‘‘MED19 ICAL SERVICES’’ under the heading ‘‘VETERANS HEALTH

20 ADMINISTRATION’’ is increased by $750,000, with the 

21 amount of the increase to be available for the following: 

22 (1) The grant program under section 2011 of 

23 title 38, United States Code. 

24 (2) Per diem payments under section 2012 of 

25 such title. 


smartinez on DSKB9S0YB1PROD with BILLS
118 

HR 3082 PP 

1 (3) Housing assistance and supportive services 

2 under subchapter V of chapter 20 of such title. 

3 (b) OFFSET.—The amount appropriated or otherwise 

4 made available by this title under the heading ‘‘GENERAL

5 OPERATING EXPENSES’’ under the heading ‘‘DEPART6 MENTAL ADMINISTRATION’’ is decreased by $750,000. 

7 SEC. 239. (a) MODIFICATION ON RESTRICTION OF

8 ALIENATION OF CERTAIN REAL PROPERTY IN GULFPORT, 

9 MISSISSIPPI.—Section 2703(b) of the Emergency Supple10 mental Appropriations Act for Defense, the Global War on 

11 Terror, and Hurricane Recovery, 2006 (Public Law 109– 

12 234; 120 Stat. 469), as amended by section 231 of the Mili13 tary Construction and Veterans Affairs and Related Agen14 cies Appropriations Act, 2009 (division E of Public Law 

15 110–329; 122 Stat. 3713), is further amended by inserting 

16 after ‘‘the City of Gulfport’’ the following: ‘‘, or its urban 

17 renewal agency,’’. 

18 (b) MEMORIALIZATION OF MODIFICATION.—The Sec19 retary of Veterans Affairs shall take appropriate actions to 

20 modify the quitclaim deeds executed to effectuate the convey21 ance authorized by section 2703 of the Emergency Supple22 mental Appropriations Act for Defense, the Global War on 

23 Terror, and Hurricane Recovery, 2006 in order to accu24 rately reflect and memorialize the amendment made by sub25 section (a). 


smartinez on DSKB9S0YB1PROD with BILLS
119 

HR 3082 PP 

1 SEC. 240. (a)(1) The amount appropriated or other2 wise made available by this title under the heading ‘‘CON3 STRUCTION, MINOR PROJECTS’’ is hereby increased by 

4 $50,000,000. 

5 (2) Of the amount appropriated or otherwise made 

6 available by this title under the heading ‘‘CONSTRUCTION, 

7 MINOR PROJECTS’’, as increased by paragraph (1), 

8 $50,000,000 shall be available for renovation of Department 

9 of Veterans Affairs buildings for the purpose of converting 

10 unused structures into housing with supportive services for 

11 homeless veterans. 

12 (b) The amount appropriated or otherwise made avail13 able by title I under the heading ‘‘HOMEOWNERS ASSIST14 ANCE FUND’’ is hereby reduced by $50,000,000. 

15 SEC. 241. Of the amounts appropriated or otherwise 

16 made available by this title, the Secretary shall award 

17 $5,000,000 in competitively-awarded grants to State and 

18 local government entities or their designees with a dem19 onstrated record of serving veterans to conduct outreach to 

20 ensure that veterans in under-served areas receive the care 

21 and benefits for which they are eligible. 

22 SEC. 242. (a) STUDY ON CAPACITY OF DEPARTMENT

23 OF VETERANS AFFAIRS TO ADDRESS COMBAT STRESS IN

24 WOMEN VETERANS.—The Inspector General of the Depart25 ment of Veterans Affairs shall carry out a study to assess 


smartinez on DSKB9S0YB1PROD with BILLS
120 

HR 3082 PP 

1 the capacity of the Department of Veterans Affairs to ad2 dress combat stress in women veterans. 

3 (b) ELEMENTS.—In carrying out the study required 

4 by subsection (a), the Inspector General shall consider the 

5 following: 

6 (1) Whether women veterans are properly evalu7 ated by the Department for post-traumatic stress dis8 order (PTSD), military-related sexual trauma, trau9 matic brain injury (TBI), and other combat-related 

10 conditions. 

11 (2) Whether women veterans with combat stress 

12 are being properly adjudicated as service-connected 

13 disabled by the Department for purposes of veterans 

14 disability benefits for combat stress. 

15 (3) Whether the Veterans Benefits Administra16 tion has developed and disseminated to personnel who 

17 adjudicate disability claims reference materials that 

18 thoroughly and effectively address the management of 

19 claims of women veterans involving military-related 

20 sexual trauma. 

21 (4) The feasibility and advisability of requiring 

22 training and testing on military-related sexual trau23 ma matters as part of a certification of Veterans Ben24 efits Administration personnel who adjudicate disVerDate Nov 24 2008 06:08 Nov 21, 2009 Jkt 089200 PO 00000 Frm 00120 Fmt 6652 Sfmt 6203 E:\BILLS\H3082.PP H3082

smartinez on DSKB9S0YB1PROD with BILLS
121 

HR 3082 PP 

1 ability claims involving post-traumatic stress dis2 order. 

3 (5) Such other matters as the Inspector General 

4 considers appropriate. 

5 (c) REPORTS.— 

6 (1) INTERIM REPORT.—Not later than 180 days 

7 after the date of the enactment of this Act, the Inspec8 tor General shall submit to the Secretary of Veterans 

9 Affairs, and to the appropriate committees of Con10 gress, a report setting forth the plan of the Inspector 

11 General for the study required by subsection (a), to12 gether with such interim findings as the Inspector 

13 General has made as of the date of the report as a 

14 result of the study. 

15 (2) FINAL REPORT.—Not later than one year 

16 after the date of the enactment of this Act, the Inspec17 tor General shall submit to the Secretary, and Con18 gress, then the Secretary shall make recommendations 

19 for legislative or administrative action. 

20 (3) APPROPRIATE COMMITTEES OF CONGRESS

21 DEFINED.—In this subsection, the term ‘‘appropriate 

22 committees of Congress’’ means— 

23 (A) the Committees on Appropriations and 

24 Veterans’ Affairs of the Senate; and 


smartinez on DSKB9S0YB1PROD with BILLS
122 

HR 3082 PP 

1 (B) the Committees on Appropriations and 

2 Veterans’ Affairs of the House of Representatives. 

3 SEC. 243. (a) STUDY ON IMPROVEMENTS TO INFORMA4 TION TECHNOLOGY INFRASTRUCTURE NEEDED TO FUR5 NISH HEALTH CARE SERVICES TO VETERANS USING TELE6 HEALTH PLATFORMS.—The Secretary of Veterans Affairs 

7 shall carry out a study to identify the improvements to the 

8 infrastructure of the Department of Veterans Affairs that 

9 are required to furnish health care services to veterans using 

10 telehealth platforms. 

11 (b) AVAILABILITY OF FUNDS.—The amounts appro12 priated or otherwise made available by this title under the 

13 headings ‘‘DEPARTMENTAL ADMINISTRATION’’ and ‘‘INFOR14 MATION TECHNOLOGY SYSTEMS’’ shall be available to the 

15 Secretary of Veterans Affairs to carry out the study required 

16 by subsection (a). 

17 SEC. 244. Of the amounts appropriated or otherwise 

18 made available by this title under the headings ‘‘VETERANS

19 HEALTH ADMINISTRATION’’ and ‘‘MEDICAL SERVICES’’, 

20 $1,000,000 may be available for education debt reduction 

21 under subchapter VII of chapter 76 of title 38, United 

22 States Code, for mental health care professionals who agree 

23 to employment at the Department of Veterans Affairs. 


smartinez on DSKB9S0YB1PROD with BILLS
123 

HR 3082 PP 

1 TITLE III 

2 RELATED AGENCIES 

3 AMERICAN BATTLE MONUMENTS COMMISSION

4 SALARIES AND EXPENSES

5 For necessary expenses, not otherwise provided for, of 

6 the American Battle Monuments Commission, including the 

7 acquisition of land or interest in land in foreign countries; 

8 purchases and repair of uniforms for caretakers of national 

9 cemeteries and monuments outside of the United States and 

10 its territories and possessions; rent of office and garage 

11 space in foreign countries; purchase (one-for-one replace12 ment basis only) and hire of passenger motor vehicles; not 

13 to exceed $7,500 for official reception and representation 

14 expenses; and insurance of official motor vehicles in foreign 

15 countries, when required by law of such countries, 

16 $63,549,000, to remain available until expended. 

17 FOREIGN CURRENCY FLUCTUATIONS ACCOUNT

18 For necessary expenses, not otherwise provided for, of 

19 the American Battle Monuments Commission, such sums as 

20 may be necessary, to remain available until expended, for 

21 purposes authorized by section 2109 of title 36, United 

22 States Code. 


smartinez on DSKB9S0YB1PROD with BILLS
124 

HR 3082 PP 

1 UNITED STATES COURT OF APPEALS FOR VETERANS

2 CLAIMS

3 SALARIES AND EXPENSES

4 For necessary expenses for the operation of the United 

5 States Court of Appeals for Veterans Claims as authorized 

6 by sections 7251 through 7298 of title 38, United States 

7 Code, $27,115,000, of which $1,820,000 shall be available 

8 for the purpose of providing financial assistance as de9 scribed, and in accordance with the process and reporting 

10 procedures set forth, under this heading in Public Law 102– 

11 229. 

12 DEPARTMENT OF DEFENSE—CIVIL

13 CEMETERIAL EXPENSES, ARMY

14 SALARIES AND EXPENSES

15 For necessary expenses, as authorized by law, for 

16 maintenance, operation, and improvement of Arlington Na17 tional Cemetery and Soldiers’ and Airmen’s Home Na18 tional Cemetery, including the purchase of two passenger 

19 motor vehicles for replacement only, and not to exceed 

20 $1,000 for official reception and representation expenses, 

21 $37,200,000, to remain available until expended. In addi22 tion, such sums as may be necessary for parking mainte23 nance, repairs and replacement, to be derived from the 

24 Lease of Department of Defense Real Property for Defense 

25 Agencies account. 


smartinez on DSKB9S0YB1PROD with BILLS
125 

HR 3082 PP 

1 Funds appropriated under this Act may be provided 

2 to Arlington County, Virginia, for the relocation of the fed3 erally owned water main at Arlington National Cemetery 

4 making additional land available for ground burials. 

5 ARMED FORCES RETIREMENT HOME

6 TRUST FUND

7 For expenses necessary for the Armed Forces Retire8 ment Home to operate and maintain the Armed Forces Re9 tirement Home—Washington, District of Columbia, and the 

10 Armed Forces Retirement Home—Gulfport, Mississippi, to 

11 be paid from funds available in the Armed Forces Retire12 ment Home Trust Fund, $134,000,000, of which 

13 $72,000,000 shall remain available until expended for con14 struction and renovation of the physical plants at the 

15 Armed Forces Retirement Home—Washington, District of 

16 Columbia, and the Armed Forces Retirement Home—Gulf17 port, Mississippi. 

18 TITLE IV 

19 OVERSEAS CONTINGENCIES OPERATIONS 

20 MILITARY CONSTRUCTION 

21 MILITARY CONSTRUCTION, ARMY

22 For an additional amount for ‘‘Military Construction, 

23 Army’’, $924,484,000, to remain available until September 

24 30, 2012: Provided, That notwithstanding any other provi25 sion of law, such funds may be obligated and expended to 


smartinez on DSKB9S0YB1PROD with BILLS
126 

HR 3082 PP 

1 carry out planning and design and military construction 

2 projects not otherwise authorized by law. 

3 MILITARY CONSTRUCTION, AIR FORCE

4 For an additional amount for ‘‘Military Construction, 

5 Air Force’’, $474,500,000, to remain available until Sep6 tember 30, 2012: Provided, That notwithstanding any other 

7 provision of law, such funds may be obligated and expended 

8 to carry out planning and design and military construction 

9 projects not otherwise authorized by law. 

10 ADMINISTRATIVE PROVISION

11 SEC. 401. (a)(1) The amount appropriated or other12 wise made available by this title under the heading ‘‘MILI13 TARY CONSTRUCTION, ARMY’’ and available for a dining 

14 hall project at Forward Operating Base Dwyer is hereby 

15 increased by $4,400,000. 

16 (2) The amount appropriated or otherwise made avail17 able by this title under the heading ‘‘MILITARY CONSTRUC18 TION, ARMY’’ and available for a dining hall project at For19 ward Operating Base Maywand is hereby reduced by 

20 $4,400,000. 

21 (b)(1) The amount appropriated or otherwise made 

22 available by this title under the heading ‘‘MILITARY CON23 STRUCTION, ARMY’’ and available for a dining hall project 

24 at Forward Operating Base Wolverine is hereby increased 

25 by $2,150,000. 


smartinez on DSKB9S0YB1PROD with BILLS
127 

HR 3082 PP 

1 (2) The amount appropriated or otherwise made avail2 able by this title under the heading ‘‘MILITARY CONSTRUC3 TION, ARMY’’ and available for a dining hall project at For4 ward Operating Base Tarin Kowt is hereby reduced by 

5 $2,150,000. 

6 SEC. 402. Amounts appropriated or otherwise made 

7 available by this title are designated as being for overseas 

8 deployments and other activities pursuant to sections 

9 401(c)(4) and 423(a)(1) of S. Con. Res. 13 (111th Con10 gress), the concurrent resolution on the budget for fiscal year 

11 2010. 

12 TITLE V 

13 DEPARTMENT OF VETERANS AFFAIRS 

14 VETERANS HEALTH ADMINISTRATION

15 MEDICAL SERVICES

16 For necessary expenses for furnishing, as authorized 

17 by law, inpatient and outpatient care and treatment to 

18 beneficiaries of the Department of Veterans Affairs and vet19 erans described in section 1705(a) of title 38, United States 

20 Code, including care and treatment in facilities not under 

21 the jurisdiction of the Department, and including medical 

22 supplies and equipment, food services, and salaries and ex23 penses of healthcare employees hired under title 38, United 

24 States Code, and aid to State homes as authorized by sec25 tion 1741 of title 38, United States Code; $37,136,000,000, 


smartinez on DSKB9S0YB1PROD with BILLS
128 

HR 3082 PP 

1 plus reimbursements, which shall become available on Octo2 ber 1, 2010, and shall remain available through September 

3 30, 2011: Provided, That, notwithstanding any other provi4 sion of law, the Secretary of Veterans Affairs shall establish 

5 a priority for the provision of medical treatment for vet6 erans who have service-connected disabilities, lower income, 

7 or have special needs: Provided further, That, notwith8 standing any other provision of law, the Secretary of Vet9 erans Affairs shall give priority funding for the provision 

10 of basic medical benefits to veterans in enrollment priority 

11 groups 1 through 6: Provided further, That, notwith12 standing any other provision of law, the Secretary of Vet13 erans Affairs may authorize the dispensing of prescription 

14 drugs from Veterans Health Administration facilities to en15 rolled veterans with privately written prescriptions based 

16 on requirements established by the Secretary: Provided fur17 ther, That the implementation of the program described in 

18 the previous proviso shall incur no additional cost to the 

19 Department of Veterans Affairs: Provided further, That for 

20 the Department of Defense/Department of Veterans Affairs 

21 Health Care Sharing Incentive Fund, as authorized by sec22 tion 8111(d) of title 38, United States Code, a minimum 

23 of $15,000,000, to remain available until expended, for any 

24 purpose authorized by section 8111 of title 38, United 

25 States Code. 


smartinez on DSKB9S0YB1PROD with BILLS
129 

HR 3082 PP 

1 MEDICAL SUPPORT AND COMPLIANCE

2 For necessary expenses in the administration of the 

3 medical, hospital, nursing home, domiciliary, construction, 

4 supply, and research activities, as authorized by law; ad5 ministrative expenses in support of capital policy activities; 

6 and administrative and legal expenses of the Department 

7 for collecting and recovering amounts owed the Department 

8 as authorized under chapter 17 of title 38, United States 

9 Code, and the Federal Medical Care Recovery Act (42 

10 U.S.C. 2651 et seq.); $5,307,000,000, plus reimbursements, 

11 which shall become available on October 1, 2010, and shall 

12 remain available through September 30, 2011. 

13 MEDICAL FACILITIES

14 For necessary expenses for the maintenance and oper15 ation of hospitals, nursing homes, and domiciliary facilities 

16 and other necessary facilities of the Veterans Health Admin17 istration; for administrative expenses in support of plan18 ning, design, project management, real property acquisition 

19 and disposition, construction, and renovation of any facil20 ity under the jurisdiction or for the use of the Department; 

21 for oversight, engineering, and architectural activities not 

22 charged to project costs; for repairing, altering, improving, 

23 or providing facilities in the several hospitals and homes 

24 under the jurisdiction of the Department, not otherwise pro25 vided for, either by contract or by the hire of temporary 


smartinez on DSKB9S0YB1PROD with BILLS
130 

HR 3082 PP 

1 employees and purchase of materials; for leases of facilities; 

2 and for laundry services, $5,740,000,000, plus reimburse3 ments, which shall become available on October 1, 2010, and 

4 shall remain available through September 30, 2011. 

5 TITLE VI 

6 GENERAL PROVISIONS 

7 SEC. 601. No part of any appropriation contained in 

8 this Act shall remain available for obligation beyond the 

9 current fiscal year unless expressly so provided herein. 

10 SEC. 602. Such sums as may be necessary for fiscal 

11 year 2010 for pay raises for programs funded by this Act 

12 shall be absorbed within the levels appropriated in this Act. 

13 SEC. 603. None of the funds made available in this 

14 Act may be used for any program, project, or activity, when 

15 it is made known to the Federal entity or official to which 

16 the funds are made available that the program, project, or 

17 activity is not in compliance with any Federal law relating 

18 to risk assessment, the protection of private property rights, 

19 or unfunded mandates. 

20 SEC. 604. No part of any funds appropriated in this 

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

22 than for normal and recognized executive-legislative rela23 tionships, for publicity or propaganda purposes, and for 

24 the preparation, distribution, or use of any kit, pamphlet, 

25 booklet, publication, radio, television, or film presentation 


smartinez on DSKB9S0YB1PROD with BILLS
131 

HR 3082 PP 

1 designed to support or defeat legislation pending before 

2 Congress, except in presentation to Congress itself. 

3 SEC. 605. 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 conduct 

7 of their business practices and public service activities. 

8 SEC. 606. None of the funds made available in this 

9 Act may be transferred to any department, agency, or in10 strumentality of the United States Government except pur11 suant to a transfer made by, or transfer authority provided 

12 in, this or any other appropriations Act. 

13 SEC. 607. Unless stated otherwise, all reports and noti14 fications required by this Act shall be submitted to the Sub15 committee on Military Construction, Veterans Affairs, and 

16 Related Agencies of the Committee on Appropriations of the 

17 House of Representatives and the Subcommittee on Military 

18 Construction, Veterans Affairs, and Related Agencies of the 

19 Committee on Appropriations of the Senate. 

20 SEC. 608. (a) Notwithstanding any other provision of 

21 this Act and except as provided in subsection (b), any re22 port required to be submitted by a Federal agency or de23 partment to the Committee on Appropriations of either the 

24 Senate or the House of Representatives in this Act shall 


smartinez on DSKB9S0YB1PROD with BILLS
132 

HR 3082 PP 

1 be posted on the public website of that agency upon receipt 

2 by the committee. 

3 (b) Subsection (a) shall not apply to a report if— 

4 (1) the public posting of the report compromises 

5 national security; or 

6 (2) the report contains proprietary information. 

7 SEC. 609. None of the funds made available under this 

8 Act may be distributed to the Association of Community 

9 Organizations for Reform Now (ACORN) or its subsidi10 aries. 

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

12 and Veterans Affairs and Related Agencies Appropriations 

13 Act, 2010’’. 

Passed the House of Representatives July 10, 2009. 

Attest: LORRAINE C. MILLER, 

Clerk. 

Passed the Senate November 17, 2009. 

Attest: NANCY ERICKSON, 

Secretary. 


smartinez on DSKB9S0YB1PROD with BILLS