111TH CONGRESS 

1ST SESSION H. R. 3082 

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, 
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1 That the following sums are appropriated, out of any 

2 money in the Treasury not otherwise appropriated, for 

3 military construction, the Department of Veterans Affairs, 

4 and related agencies for the fiscal year ending September 

5 30, 2010, and for other purposes, namely: 

6 TITLE I 

7 DEPARTMENT OF DEFENSE 

8 MILITARY CONSTRUCTION, ARMY

9 (INCLUDING RESCISSION OF FUNDS)

10 For acquisition, construction, installation, and equip11 ment of temporary or permanent public works, military 

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

13 currently authorized by law, including personnel in the 

14 Army Corps of Engineers and other personal services nec15 essary for the purposes of this appropriation, and for con16 struction and operation of facilities in support of the func17 tions of the Commander in Chief, $4,554,906,000, to re18 main available until September 30, 2014, of which 

19 $924,484,000 is designated as being for overseas deploy20 ments and other activities pursuant to section 423(a)(1) 

21 of S. Con. Res. 13 (111th Congress), the concurrent reso22 lution on the budget for fiscal year 2010, and of which 

23 $450,000,000 shall be for trainee troop housing facilities: 

24 Provided, That of this amount, not to exceed 

25 $187,872,000 shall be available for study, planning, de-
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1 sign, architect and engineer services, and host nation sup2 port, as authorized by law, unless the Secretary of Defense 

3 determines that additional obligations are necessary for 

4 such purposes and notifies the Committees on Appropria5 tions of both Houses of Congress of the determination and 

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

7 30 days after the date of the enactment of this Act, the 

8 Secretary of Defense shall submit to the Committees on 

9 Appropriations of both Houses of Congress an expenditure 

10 plan for the funds provided for trainee troop housing fa11 cilities: Provided further, That the amount appropriated 

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

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

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

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

16 Contingency Operations’’ in the report of the Committee 

17 on Appropriations of the House of Representatives to ac18 company this bill: Provided further, That of the funds ap19 propriated for ‘‘Military Construction, Army’’ under Pub20 lic Law 110–329, $59,500,000 are hereby rescinded. 

21 MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

22 For acquisition, construction, installation, and equip23 ment of temporary or permanent public works, naval in24 stallations, facilities, and real property for the Navy and 

25 Marine Corps as currently authorized by law, including 
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1 personnel in the Naval Facilities Engineering Command 

2 and other personal services necessary for the purposes of 

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

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

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

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

7 authorized by law, unless the Secretary of Defense deter8 mines that additional obligations are necessary for such 

9 purposes and notifies the Committees on Appropriations 

10 of both Houses of Congress of the determination and the 

11 reasons therefor: Provided further, That the amount ap12 propriated in this paragraph shall be for the projects and 

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

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

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

16 Construction’’ in the report of the Committee on Appro17 priations of the House of Representatives to accompany 

18 this bill. 

19 MILITARY CONSTRUCTION, AIR FORCE

20 For acquisition, construction, installation, and equip21 ment of temporary or permanent public works, military 

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

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

24 available until September 30, 2014, of which 

25 $474,500,000 is designated as being for overseas deploy-
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1 ments and other activities pursuant to section 423(a)(1) 

2 of S. Con. Res. 13 (111th Congress), the concurrent reso3 lution on the budget for fiscal year 2010: Provided, That 

4 of this amount, not to exceed $93,407,000 shall be avail5 able for study, planning, design, and architect and engi6 neer services, as authorized by law, unless the Secretary 

7 of Defense determines that additional obligations are nec8 essary for such purposes and notifies the Committees on 

9 Appropriations of both Houses of Congress of the deter10 mination and the reasons therefor: Provided further, That 

11 the amount appropriated in this paragraph shall be for 

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

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

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

15 ‘‘Military Construction’’ and ‘‘Overseas Contingency Op16 erations’’ in the report of the Committee on Appropria17 tions of the House of Representatives to accompany this 

18 bill. 

19 MILITARY CONSTRUCTION, DEFENSE-WIDE

20 (INCLUDING TRANSFER AND RESCISSION OF FUNDS) 

21 For acquisition, construction, installation, and equip22 ment of temporary or permanent public works, installa23 tions, facilities, and real property for activities and agen24 cies of the Department of Defense (other than the military 

25 departments), as currently authorized by law, 
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1 $2,743,526,000, to remain available until September 30, 

2 2014: Provided, That such amounts of this appropriation 

3 as may be determined by the Secretary of Defense may 

4 be transferred to such appropriations of the Department 

5 of Defense available for military construction or family 

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

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

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

9 transferred: Provided further, That of the amount appro10 priated, not to exceed $121,442,000 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 the amount 

17 appropriated in this paragraph shall be for the projects 

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

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

20 the headings ‘‘Defense-Wide’’ in the table entitled ‘‘Mili21 tary Construction’’ in the report of the Committee on Ap22 propriations of the House of Representatives to accom23 pany this bill: Provided further, That of the funds appro24 priated for ‘‘Military Construction, Defense-Wide’’ under 

25 Public Law 110–329, $25,800,000 are hereby rescinded. 
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1 MILITARY CONSTRUCTION, ARMY NATIONAL GUARD

2 For construction, acquisition, expansion, rehabilita3 tion, and conversion of facilities for the training and ad4 ministration of the Army National Guard, and contribu5 tions therefor, as authorized by chapter 1803 of title 10, 

6 United States Code, and Military Construction Authoriza7 tion Acts, $529,129,000, to remain available until Sep8 tember 30, 2014, of which $30,000,000 shall be for crit9 ical unfunded requirements: Provided, That of the amount 

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

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

12 services, as authorized by law, unless the Secretary of De13 fense determines that additional obligations are necessary 

14 for such purposes and notifies the Committees on Appro15 priations of both Houses of Congress of the determination 

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

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

18 the Director of the Army National Guard shall submit to 

19 the Committees on Appropriations of both Houses of Con20 gress an expenditure plan for the funds provided for crit21 ical unfunded requirements: Provided further, That the 

22 amount appropriated in this paragraph shall be for the 

23 projects and activities, and in the amounts, specified 

24 under the heading ‘‘Military Construction, Army National 

25 Guard’’ and under the headings ‘‘Army National Guard’’ 
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1 in the table entitled ‘‘Military Construction’’ in the report 

2 of the Committee on Appropriations of the House of Rep3 resentatives to accompany this bill. 

4 MILITARY CONSTRUCTION, AIR NATIONAL GUARD

5 For construction, acquisition, expansion, rehabilita6 tion, and conversion of facilities for the training and ad7 ministration of the Air National Guard, and contributions 

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

9 States Code, and Military Construction Authorization 

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

11 30, 2014, of which $30,000,000 shall be for critical un12 funded requirements: Provided, That of the amount appro13 priated, not to exceed $12,021,000 shall be available for 

14 study, planning, design, and architect and engineer serv15 ices, as authorized by law, unless the Secretary of Defense 

16 determines that additional obligations are necessary for 

17 such purposes and notifies the Committees on Appropria18 tions of both Houses of Congress of the determination and 

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

20 30 days after the date of the enactment of this Act, the 

21 Director of the Air National Guard shall submit to the 

22 Committees on Appropriations of both Houses of Congress 

23 an expenditure plan for the funds provided for critical un24 funded requirements: Provided further, That the amount 

25 appropriated in this paragraph shall be for the projects 
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1 and activities, and in the amounts, specified under the 

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

3 under the headings ‘‘Air National Guard’’ in the table en4 titled ‘‘Military Construction’’ in the report of the Com5 mittee on Appropriations of the House of Representatives 

6 to accompany this bill. 

7 MILITARY CONSTRUCTION, ARMY RESERVE

8 For construction, acquisition, expansion, rehabilita9 tion, and conversion of facilities for the training and ad10 ministration of the Army Reserve as authorized by chapter 

11 1803 of title 10, United States Code, and Military Con12 struction Authorization Acts, $432,516,000, to remain 

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

14 shall be for critical unfunded requirements: Provided, 

15 That of the amount appropriated, not to exceed 

16 $25,016,000 shall be available for study, planning, design, 

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

18 unless the Secretary of Defense determines that additional 

19 obligations are necessary for such purposes and notifies 

20 the Committees on Appropriations of both Houses of Con21 gress of the determination and the reasons therefor: Pro22 vided further, That, not later than 30 days after the date 

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

24 shall submit to the Committees on Appropriations of both 

25 Houses of Congress an expenditure plan for the funds pro-
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1 vided for critical unfunded requirements: Provided further, 

2 That the amount appropriated in this paragraph shall be 

3 for the projects and activities, and in the amounts, speci4 fied under the heading ‘‘Military Construction, Army Re5 serve’’ and under the headings ‘‘Army Reserve’’ in the 

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

7 Committee on Appropriations of the House of Representa8 tives to accompany this bill. 

9 MILITARY CONSTRUCTION, NAVY RESERVE

10 For construction, acquisition, expansion, rehabilita11 tion, and conversion of facilities for the training and ad12 ministration of the reserve components of the Navy and 

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

14 United States Code, and Military Construction Authoriza15 tion Acts, $125,874,000, to remain available until Sep16 tember 30, 2014, of which $20,000,000 shall be for crit17 ical unfunded requirements of the Navy Reserve and 

18 $35,000,000 shall be for critical unfunded requirements 

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

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

21 available for study, planning, design, and architect and en22 gineer services, as authorized by law, unless the Secretary 

23 of Defense determines that additional obligations are nec24 essary for such purposes and notifies the Committees on 

25 Appropriations of both Houses of Congress of the deter-
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1 mination and the reasons therefor: Provided further, That, 

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

3 of this Act, the Chief of Navy Reserve and the Com4 mander, Marine Forces Reserve shall submit to the Com5 mittees on Appropriations of both Houses of Congress an 

6 expenditure plan for the funds provided for critical un7 funded requirements: Provided further, That the amount 

8 appropriated in this paragraph shall be for the projects 

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

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

11 the headings ‘‘Navy Reserve’’ in the table entitled ‘‘Mili12 tary Construction’’ in the report of the Committee on Ap13 propriations of the House of Representatives to accom14 pany this bill. 

15 MILITARY CONSTRUCTION, AIR FORCE RESERVE

16 For construction, acquisition, expansion, rehabilita17 tion, and conversion of facilities for the training and ad18 ministration of the Air Force Reserve as authorized by 

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

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

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

22 shall be for critical unfunded requirements: Provided, 

23 That of the amount appropriated, not to exceed 

24 $4,669,000 shall be available for study, planning, design, 

25 and architect and engineer services, as authorized by law, 
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1 unless the Secretary of Defense determines that additional 

2 obligations are necessary for such purposes and notifies 

3 the Committees on Appropriations of both Houses of Con4 gress of the determination and the reasons therefor: Pro5 vided further, That, not later than 30 days after the date 

6 of the enactment of this Act, the Chief of Air Force Re7 serve shall submit to the Committees on Appropriations 

8 of both Houses of Congress an expenditure plan for the 

9 funds provided for critical unfunded requirements: Pro10 vided further, That the amount appropriated in this para11 graph shall be for the projects and activities, and in the 

12 amounts, specified under the heading ‘‘Military Construc13 tion, Air Force Reserve’’ and under the headings ‘‘Air 

14 Force Reserve’’ in the table entitled ‘‘Military Construc15 tion’’ in the report of the Committee on Appropriations 

16 of the House of Representatives to accompany this bill. 

17 NORTH ATLANTIC TREATY ORGANIZATION

18 SECURITY INVESTMENT PROGRAM

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

20 Atlantic Treaty Organization Security Investment Pro21 gram for the acquisition and construction of military fa22 cilities and installations (including international military 

23 headquarters) and for related expenses for the collective 

24 defense of the North Atlantic Treaty Area as authorized 

25 by section 2806 of title 10, United States Code, and Mili-
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1 tary Construction Authorization Acts, $234,914,000, to 

2 remain available until expended. 

3 FAMILY HOUSING CONSTRUCTION, ARMY

4 For expenses of family housing for the Army for con5 struction, including acquisition, replacement, addition, ex6 pansion, extension, and alteration, as authorized by law, 

7 $273,236,000, to remain available until September 30, 

8 2014: Provided, That the amount appropriated in this 

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

10 the amounts, specified under the heading ‘‘Family Hous11 ing Construction, Army’’ in the table entitled ‘‘Military 

12 Construction’’ in the report of the Committee on Appro13 priations of the House of Representatives to accompany 

14 this bill. 

15 FAMILY HOUSING OPERATION AND MAINTENANCE, 

16 ARMY

17 For expenses of family housing for the Army for op18 eration and maintenance, including debt payment, leasing, 

19 minor construction, principal and interest charges, and in20 surance premiums, as authorized by law, $523,418,000. 

21 FAMILY HOUSING CONSTRUCTION, NAVY AND MARINE

22 CORPS

23 For expenses of family housing for the Navy and Ma24 rine Corps for construction, including acquisition, replace25 ment, addition, expansion, extension, and alteration, as 
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1 authorized by law, $146,569,000, to remain available until 

2 September 30, 2014: Provided, That the amount appro3 priated in this paragraph shall be for the projects and ac4 tivities, and in the amounts, specified under the heading 

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

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

7 of the Committee on Appropriations of the House of Rep8 resentatives to accompany this bill. 

9 FAMILY HOUSING OPERATION AND MAINTENANCE, 

10 NAVY AND MARINE CORPS

11 For expenses of family housing for the Navy and Ma12 rine Corps for operation and maintenance, including debt 

13 payment, leasing, minor construction, principal and inter14 est charges, and insurance premiums, as authorized by 

15 law, $368,540,000. 

16 FAMILY HOUSING CONSTRUCTION, AIR FORCE

17 For expenses of family housing for the Air Force for 

18 construction, including acquisition, replacement, addition, 

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

20 $66,101,000, to remain available until September 30, 

21 2014: Provided, That the amount appropriated in this 

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

23 the amounts, specified under the heading ‘‘Family Hous24 ing Construction, Air Force’’ in the table entitled ‘‘Mili25 tary Construction’’ in the report of the Committee on Ap-
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1 propriations of the House of Representatives to accom2 pany this bill. 

3 FAMILY HOUSING OPERATION AND MAINTENANCE, AIR

4 FORCE

5 For expenses of family housing for the Air Force for 

6 operation and maintenance, including debt payment, leas7 ing, minor construction, principal and interest charges, 

8 and insurance premiums, as authorized by law, 

9 $502,936,000. 

10 FAMILY HOUSING CONSTRUCTION, DEFENSE-WIDE

11 For expenses of family housing for the activities and 

12 agencies of the Department of Defense (other than the 

13 military departments) for construction, including acquisi14 tion, replacement, addition, expansion, extension, and al15 teration, as authorized by law, $2,859,000, to remain 

16 available until September 30, 2014: Provided, 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 ‘‘Family Housing Construction, De20 fense-Wide’’ in the table entitled ‘‘Military Construction’’ 

21 in the report of the Committee on Appropriations of the 

22 House of Representatives to accompany this bill. 
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1 FAMILY HOUSING OPERATION AND MAINTENANCE, 

2 DEFENSE-WIDE

3 For expenses of family housing for the activities and 

4 agencies of the Department of Defense (other than the 

5 military departments) for operation and maintenance, 

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

7 $49,214,000. 

8 DEPARTMENT OF DEFENSE FAMILY HOUSING

9 IMPROVEMENT FUND

10 For the Department of Defense Family Housing Im11 provement Fund, $2,600,000, to remain available until ex12 pended, for family housing initiatives undertaken pursu13 ant to section 2883 of title 10, United States Code, pro14 viding alternative means of acquiring and improving mili15 tary family housing and supporting facilities. 

16 HOMEOWNERS ASSISTANCE FUND

17 For the Homeowners Assistance Fund established by 

18 section 1013 of the Demonstration Cities and Metropoli19 tan Development Act of 1966 (42 U.S.C. 3374), 

20 $23,225,000, to remain available until expended. 

21 CHEMICAL DEMILITARIZATION CONSTRUCTION, 

22 DEFENSE-WIDE

23 For expenses of construction, not otherwise provided 

24 for, necessary for the destruction of the United States 

25 stockpile of lethal chemical agents and munitions in ac-
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1 cordance with section 1412 of the Department of Defense 

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

3 destruction of other chemical warfare materials that are 

4 not in the chemical weapon stockpile, as currently author5 ized by law, $146,541,000, to remain available until Sep6 tember 30, 2014: Provided, That the amount appropriated 

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

8 and in the amounts, specified under the headings ‘‘Chem9 ical Demilitarization Construction, Defense-Wide’’ in the 

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

11 Committee on Appropriations of the House of Representa12 tives to accompany this bill. 

13 DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT

14 1990 

15 For deposit into the Department of Defense Base 

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

17 of the Defense Base Closure and Realignment Act of 1990 

18 (10 U.S.C. 2687 note), $536,768,000, to remain available 

19 until expended. 

20 DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT

21 2005 

22 For deposit into the Department of Defense Base 

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

24 of the Defense Base Closure and Realignment Act of 1990 

25 (10 U.S.C. 2687 note), $7,479,498,000, to remain avail-
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1 able until expended: Provided, That the Department of 

2 Defense shall notify the Committees on Appropriations of 

3 both Houses of Congress 14 days prior to obligating an 

4 amount for a construction project that exceeds or reduces 

5 the amount identified for that project in the most recently 

6 submitted budget request for this account by 20 percent 

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

8 the previous proviso shall not apply to projects costing less 

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

10 identified in any budget submission for this account and 

11 exceeding the minor construction threshold under section 

12 2805 of title 10, United States Code. 

13 ADMINISTRATIVE PROVISIONS

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

15 title shall be expended for payments under a cost-plus-a16 fixed-fee contract for construction, where cost estimates 

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

18 except Alaska, without the specific approval in writing of 

19 the Secretary of Defense setting forth the reasons there20 for. 

21 SEC. 102. Funds made available in this title for con22 struction shall be available for hire of passenger motor ve23 hicles. 

24 SEC. 103. Funds made available in this title for con25 struction may be used for advances to the Federal High-
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1 way Administration, Department of Transportation, for 

2 the construction of access roads as authorized by section 

3 210 of title 23, United States Code, when projects author4 ized therein are certified as important to the national de5 fense by the Secretary of Defense. 

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

7 title may be used to initiate construction of new installa8 tions for which specific appropriations have not been 

9 made. 

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

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

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

13 the Army Corps of Engineers or the Naval Facilities Engi14 neering Command, except: (1) where there is a determina15 tion of value by a Federal court; (2) purchases negotiated 

16 by the Attorney General or the designee of the Attorney 

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

18 $25,000; or (4) as otherwise determined by the Secretary 

19 of Defense to be in the public interest. 

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

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

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

23 except housing for which funds have been made available 

24 in annual Acts making appropriations for military con25 struction. 
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1 SEC. 107. None of the funds made available in this 

2 title for minor construction may be used to transfer or 

3 relocate any activity from one base or installation to an4 other, without prior notification to the Committees on Ap5 propriations of both Houses of Congress. 

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

7 title may be used for the procurement of steel for any con8 struction project or activity for which American steel pro9 ducers, fabricators, and manufacturers have been denied 

10 the opportunity to compete for such steel procurement. 

11 SEC. 109. None of the funds available to the Depart12 ment of Defense for military construction or family hous13 ing during the current fiscal year may be used to pay real 

14 property taxes in any foreign nation. 

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

16 title may be obligated for architect and engineer contracts 

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

18 projects to be accomplished in Japan, in any North Atlan19 tic Treaty Organization member country, or in countries 

20 bordering the Arabian Sea, unless such contracts are 

21 awarded to United States firms or United States firms 

22 in joint venture with host nation firms. 

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

24 title for military construction in the United States terri25 tories and possessions in the Pacific and on Kwajalein 
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1 Atoll, or in countries bordering the Arabian Sea, may be 

2 used to award any contract estimated by the Government 

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

4 That this section shall not be applicable to contract 

5 awards for which the lowest responsive and responsible bid 

6 of a United States contractor exceeds the lowest respon7 sive and responsible bid of a foreign contractor by greater 

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

9 not apply to contract awards for military construction on 

10 Kwajalein Atoll for which the lowest responsive and re11 sponsible bid is submitted by a Marshallese contractor. 

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

13 appropriate committees of both Houses of Congress, in14 cluding the Committees on Appropriations, of the plans 

15 and scope of any proposed military exercise involving 

16 United States personnel 30 days prior to its occurring, 

17 if amounts expended for construction, either temporary or 

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

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

20 made available in this title which are limited for obligation 

21 during the current fiscal year shall be obligated during 

22 the last 2 months of the fiscal year. 

23 SEC. 114. Funds appropriated to the Department of 

24 Defense for construction in prior years shall be available 

25 for construction authorized for each such military depart-
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1 ment by the authorizations enacted into law during the 

2 current session of Congress. 

3 SEC. 115. For military construction or family housing 

4 projects that are being completed with funds otherwise ex5 pired or lapsed for obligation, expired or lapsed funds may 

6 be used to pay the cost of associated supervision, inspec7 tion, overhead, engineering and design on those projects 

8 and on subsequent claims, if any. 

9 SEC. 116. Notwithstanding any other provision of 

10 law, any funds made available to a military department 

11 or defense agency for the construction of military projects 

12 may be obligated for a military construction project or 

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

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

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

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

17 obligated from funds available for military construction 

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

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

20 such project is increased pursuant to law. 

21 (INCLUDING TRANSFER OF FUNDS)

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

23 available to the Department of Defense, proceeds depos24 ited to the Department of Defense Base Closure Account 

25 established by section 207(a)(1) of the Defense Authoriza-
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1 tion Amendments and Base Closure and Realignment Act 

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

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

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

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

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

7 and the same time period as that account. 

8 (INCLUDING TRANSFER OF FUNDS)

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

10 14 days for a notification provided in an electronic me11 dium pursuant to sections 480 and 2883, of title 10, 

12 United States Code, to the Committees on Appropriations 

13 of both Houses of Congress, such additional amounts as 

14 may be determined by the Secretary of Defense may be 

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

16 Housing Improvement Fund from amounts appropriated 

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

18 merged with and to be available for the same purposes 

19 and for the same period of time as amounts appropriated 

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

21 Military Unaccompanied Housing Improvement Fund 

22 from amounts appropriated for construction of military 

23 unaccompanied housing in ‘‘Military Construction’’ ac24 counts, to be merged with and to be available for the same 

25 purposes and for the same period of time as amounts ap-
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1 propriated directly to the Fund: Provided, That appropria2 tions made available to the Funds shall be available to 

3 cover the costs, as defined in section 502(5) of the Con4 gressional Budget Act of 1974, of direct loans or loan 

5 guarantees issued by the Department of Defense pursuant 

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

7 10, United States Code, pertaining to alternative means 

8 of acquiring and improving military family housing, mili9 tary unaccompanied housing, and supporting facilities. 

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

11 any solicitation for a contract with the private sector for 

12 military family housing the Secretary of the military de13 partment concerned shall submit to the Committees on 

14 Appropriations of both Houses of Congress the notice de15 scribed in subsection (b). 

16 (b)(1) A notice referred to in subsection (a) is a no17 tice of any guarantee (including the making of mortgage 

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

19 to the private party under the contract involved in the 

20 event of— 

21 (A) the closure or realignment of the installa22 tion for which housing is provided under the con23 tract; 

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

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

2 stationed at such installation. 

3 (2) Each notice under this subsection shall specify 

4 the nature of the guarantee involved and assess the extent 

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

7 (INCLUDING TRANSFER OF FUNDS)

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

9 available to the Department of Defense, amounts may be 

10 transferred from the accounts established by sections 

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

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

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

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

16 Homeowners Assistance Program incurred under 42 

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

18 merged with and be available for the same purposes and 

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

20 SEC. 121. Notwithstanding this or any other provi21 sion of law, funds made available in this title for operation 

22 and maintenance of family housing shall be the exclusive 

23 source of funds for repair and maintenance of all family 

24 housing units, including general or flag officer quarters: 

25 Provided, That not more than $35,000 per unit may be 
26 

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1 spent annually for the maintenance and repair of any gen2 eral or flag officer quarters without 30 days prior notifica3 tion, or 14 days for a notification provided in an electronic 

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

5 United States Code, to the Committees on Appropriations 

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

7 notification shall be submitted if the limitation is exceeded 

8 solely due to costs associated with environmental remedi9 ation that could not be reasonably anticipated at the time 

10 of the budget submission: Provided further, That the 

11 Under Secretary of Defense (Comptroller) is to report an12 nually to the Committees on Appropriations of both 

13 Houses of Congress all operation and maintenance ex14 penditures for each individual general or flag officer quar15 ters for the prior fiscal year. 

16 SEC. 122. Amounts contained in the Ford Island Im17 provement Account established by subsection (h) of sec18 tion 2814 of title 10, United States Code, are appro19 priated and shall be available until expended for the pur20 poses specified in subsection (i)(1) of such section or until 

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

22 SEC. 123. None of the funds made available in this 

23 title, or in any Act making appropriations for military con24 struction which remain available for obligation, may be ob25 ligated or expended to carry out a military construction, 
27 

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1 land acquisition, or family housing project at or for a mili2 tary installation approved for closure, or at a military in3 stallation for the purposes of supporting a function that 

4 has been approved for realignment to another installation, 

5 in 2005 under the Defense Base Closure and Realignment 

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

7 510; 10 U.S.C. 2687 note), unless such a project at a mili8 tary installation approved for realignment will support a 

9 continuing mission or function at that installation or a 

10 new mission or function that is planned for that installa11 tion, or unless the Secretary of Defense certifies that the 

12 cost to the United States of carrying out such project 

13 would be less than the cost to the United States of cancel14 ling such project, or if the project is at an active compo15 nent base that shall be established as an enclave or in the 

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

17 Government agency has indicated it will assume ownership 

18 of the completed project. The Secretary of Defense may 

19 not transfer funds made available as a result of this limi20 tation from any military construction project, land acquisi21 tion, or family housing project to another account or use 

22 such funds for another purpose or project without the 

23 prior approval of the Committees on Appropriations of 

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

25 military construction projects, land acquisition, or family 
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1 housing projects for which the project is vital to the na2 tional security or the protection of health, safety, or envi3 ronmental quality: Provided, That the Secretary of De4 fense shall notify the congressional defense committees 

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

6 construction project. 

7 (INCLUDING TRANSFER OF FUNDS)

8 SEC. 124. During the 5-year period after appropria9 tions available in this Act to the Department of Defense 

10 for military construction and family housing operation and 

11 maintenance and construction have expired for obligation, 

12 upon a determination that such appropriations will not be 

13 necessary for the liquidation of obligations or for making 

14 authorized adjustments to such appropriations for obliga15 tions incurred during the period of availability of such ap16 propriations, unobligated balances of such appropriations 

17 may be transferred into the appropriation ‘‘Foreign Cur18 rency Fluctuations, Construction, Defense’’, to be merged 

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

20 the same purposes as the appropriation to which trans21 ferred. 

22 SEC. 125. None of the funds appropriated or other23 wise made available in this title may be used for any action 

24 that is related to or promotes the expansion of the bound-
29 

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1 aries or size of the Pinon Canyon Maneuver Site, Colo2 rado. 

3 SEC. 126. Amounts appropriated or otherwise made 

4 available in an account funded under the headings in this 

5 title may be transferred among projects and activities 

6 within the account in accordance with the reprogramming 

7 guidelines for military construction and family housing 

8 construction contained in the report of the Committee on 

9 Appropriations of the House of Representatives to accom10 pany this bill and in the guidance for military construction 

11 reprogrammings and notifications contained in Depart12 ment of Defense Financial Management Regulation 

13 7000.14–R, Volume 3, Chapter 7, of December 1996, as 

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

15 TITLE II 

16 DEPARTMENT OF VETERANS AFFAIRS 

17 VETERANS BENEFITS ADMINISTRATION

18 COMPENSATION AND PENSIONS

19 (INCLUDING TRANSFER OF FUNDS)

20 For the payment of compensation benefits to or on 

21 behalf of veterans and a pilot program for disability ex22 aminations as authorized by section 107 and chapters 11, 

23 13, 18, 51, 53, 55, and 61 of title 38, United States Code; 

24 pension benefits to or on behalf of veterans as authorized 

25 by chapters 15, 51, 53, 55, and 61 of title 38, United 
30 

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1 States Code; and burial benefits, the Reinstated Entitle2 ment Program for Survivors, emergency and other offi3 cers’ retirement pay, adjusted-service credits and certifi4 cates, payment of premiums due on commercial life insur5 ance policies guaranteed under the provisions of title IV 

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

7 541 et seq.) and for other benefits as authorized by sec8 tions 107, 1312, 1977, and 2106, and chapters 23, 51, 

9 53, 55, and 61 of title 38, United States Code, 

10 $47,218,207,000, to remain available until expended: Pro11 vided, That not to exceed $29,283,000 of the amount ap12 propriated under this heading shall be reimbursed to 

13 ‘‘General operating expenses’’, ‘‘Medical support and com14 pliance’’, and ‘‘Information technology systems’’ for nec15 essary expenses in implementing the provisions of chapters 

16 51, 53, and 55 of title 38, United States Code, the funding 

17 source for which is specifically provided as the ‘‘Com18 pensation and pensions’’ appropriation: Provided further, 

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

20 patient basis, shall be reimbursed to ‘‘Medical care collec21 tions fund’’ to augment the funding of individual medical 

22 facilities for nursing home care provided to pensioners as 

23 authorized. 
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1 READJUSTMENT BENEFITS

2 For the payment of readjustment and rehabilitation 

3 benefits to or on behalf of veterans as authorized by chap4 ters 21, 30, 31, 33, 34, 35, 36, 39, 51, 53, 55, and 61 

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

6 available until expended: Provided, That expenses for re7 habilitation program services and assistance which the 

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

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

10 under paragraphs (1), (2), (5), and (11) of that sub11 section, shall be charged to this account. 

12 VETERANS INSURANCE AND INDEMNITIES

13 For military and naval insurance, national service life 

14 insurance, servicemen’s indemnities, service-disabled vet15 erans insurance, and veterans mortgage life insurance as 

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

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

18 VETERANS HOUSING BENEFIT PROGRAM FUND

19 For the cost of direct and guaranteed loans, such 

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

21 authorized by subchapters I through III of chapter 37 of 

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

23 including the cost of modifying such loans, shall be as de24 fined in section 502 of the Congressional Budget Act of 

25 1974: Provided further, That during fiscal year 2010, 
32 

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

2 gross obligations for direct loans are authorized for spe3 cially adapted housing loans. 

4 In addition, for administrative expenses to carry out 

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

6 VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT

7 (INCLUDING TRANSFER OF FUNDS)

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

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

10 That such costs, including the cost of modifying such 

11 loans, shall be as defined in section 502 of the Congres12 sional Budget Act of 1974: Provided further, That funds 

13 made available under this heading are available to sub14 sidize gross obligations for the principal amount of direct 

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

16 In addition, for administrative expenses necessary to 

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

18 be transferred to and merged with the appropriation for 

19 ‘‘General operating expenses’’. 

20 NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM

21 ACCOUNT

22 For administrative expenses to carry out the direct 

23 loan program authorized by subchapter V of chapter 37 

24 of title 38, United States Code, $664,000. 
33 

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1 GUARANTEED TRANSITIONAL HOUSING LOANS FOR

2 HOMELESS VETERANS PROGRAM ACCOUNT

3 For the administrative expenses to carry out the 

4 guaranteed transitional housing loan program authorized 

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

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

7 by this Act for ‘‘General operating expenses’’ and ‘‘Med8 ical support and compliance’’ may be expended. 

9 VETERANS HEALTH ADMINISTRATION

10 MEDICAL SERVICES

11 (INCLUDING TRANSFER OF FUNDS)

12 For necessary expenses for furnishing, as authorized 

13 by law, inpatient and outpatient care and treatment to 

14 beneficiaries of the Department of Veterans Affairs and 

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

16 States Code, including care and treatment in facilities not 

17 under the jurisdiction of the Department, and including 

18 medical supplies and equipment, food services, and sala19 ries and expenses of health-care employees hired under 

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

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

22 $71,840,500,000 (increased by $1,000,000), plus reim23 bursements, of which $37,136,000,000 shall become avail24 able on October 1, 2010, and shall remain available 

25 through September 30, 2011: Provided, That, of the 
34 

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1 amount made available under this heading for fiscal year 

2 2010, not to exceed $1,015,000,000 shall remain available 

3 until September 30, 2011: Provided further, That, not4 withstanding any other provision of law, the Secretary of 

5 Veterans Affairs shall establish a priority for the provision 

6 of medical treatment for veterans who have service-con7 nected disabilities, lower income, or have special needs: 

8 Provided further, That, notwithstanding any other provi9 sion of law, the Secretary of Veterans Affairs shall give 

10 priority funding for the provision of basic medical benefits 

11 to veterans in enrollment priority groups 1 through 6: Pro12 vided further, That, notwithstanding any other provision 

13 of law, the Secretary of Veterans Affairs may authorize 

14 the dispensing of prescription drugs from Veterans Health 

15 Administration facilities to enrolled veterans with privately 

16 written prescriptions based on requirements established by 

17 the Secretary: Provided further, That the implementation 

18 of the program described in the previous proviso shall 

19 incur no additional cost to the Department of Veterans 

20 Affairs: Provided further, That for the Department of De21 fense/Department of Veterans Affairs Health Care Shar22 ing Incentive Fund, as authorized by section 8111(d) of 

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

24 to remain available until expended, for any purpose au25 thorized by section 8111 of title 38, United States Code. 
35 

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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 activi6 ties; and administrative and legal expenses of the Depart7 ment for collecting and recovering amounts owed the De8 partment as authorized under chapter 17 of title 38, 

9 United States Code, and the Federal Medical Care Recov10 ery Act (42 U.S.C. 2651 et seq.); $10,207,000,000 (re11 duced by $3,500,000), plus reimbursements, of which 

12 $5,307,000,000 shall become available on October 1, 

13 2010, and shall remain available through September 30, 

14 2011: Provided, That, of the amount made available under 

15 this heading for fiscal year 2010, not to exceed 

16 $145,000,000 shall remain available until September 30, 

17 2011. 

18 MEDICAL FACILITIES

19 For necessary expenses for the maintenance and op20 eration of hospitals, nursing homes, and domiciliary facili21 ties and other necessary facilities of the Veterans Health 

22 Administration; for administrative expenses in support of 

23 planning, design, project management, real property ac24 quisition and disposition, construction, and renovation of 

25 any facility under the jurisdiction or for the use of the 
36 

•HR 3082 EH

1 Department; for oversight, engineering, and architectural 

2 activities not charged to project costs; for repairing, alter3 ing, improving, or providing facilities in the several hos4 pitals and homes under the jurisdiction of the Depart5 ment, not otherwise provided for, either by contract or by 

6 the hire of temporary employees and purchase of mate7 rials; for leases of facilities; and for laundry services, 

8 $10,633,000,000, plus reimbursements, of which 

9 $5,740,000,000 shall become available on October 1, 

10 2010, and shall remain available through September 30, 

11 2011: Provided, That, of the amount made available under 

12 this heading for fiscal year 2010, not to exceed 

13 $145,000,000 shall remain available until September 30, 

14 2011: Provided further, That, of the amount available for 

15 fiscal year 2010, $200,000,000 for non-recurring mainte16 nance shall be allocated in a manner not subject to the 

17 Veterans Equitable Resource Allocation. 

18 MEDICAL AND PROSTHETIC RESEARCH

19 For necessary expenses in carrying out programs of 

20 medical and prosthetic research and development as au21 thorized by chapter 73 of title 38, United States Code, 

22 $580,000,000, plus reimbursements, to remain available 

23 until September 30, 2011. 
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1 NATIONAL CEMETERY ADMINISTRATION

2 For necessary expenses of the National Cemetery Ad3 ministration for operations and maintenance, not other4 wise provided for, including uniforms or allowances there5 for; cemeterial expenses as authorized by law; purchase 

6 of one passenger motor vehicle for use in cemeterial oper7 ations; hire of passenger motor vehicles; and repair, alter8 ation or improvement of facilities under the jurisdiction 

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

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

11 September 30, 2011. 

12 DEPARTMENTAL ADMINISTRATION

13 GENERAL OPERATING EXPENSES

14 For necessary operating expenses of the Department 

15 of Veterans Affairs, not otherwise provided for, including 

16 administrative expenses in support of Department-Wide 

17 capital planning, management and policy activities, uni18 forms, or allowances therefor; not to exceed $25,000 for 

19 official reception and representation expenses; hire of pas20 senger motor vehicles; and reimbursement of the General 

21 Services Administration for security guard services, and 

22 the Department of Defense for the cost of overseas em23 ployee mail, $2,083,700,000 (reduced by $1,000,000) (in24 creased by $3,500,000): Provided, That expenses for serv25 ices and assistance authorized under paragraphs (1), (2), 
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•HR 3082 EH

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

2 Code, that the Secretary of Veterans Affairs determines 

3 are necessary to enable entitled veterans: (1) to the max4 imum extent feasible, to become employable and to obtain 

5 and maintain suitable employment; or (2) to achieve max6 imum independence in daily living, shall be charged to this 

7 account: Provided further, That the Veterans Benefits Ad8 ministration shall be funded at not less than 

9 $1,690,200,000: Provided further, That of the funds made 

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

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

12 Provided further, That from the funds made available 

13 under this heading, the Veterans Benefits Administration 

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

15 up to two passenger motor vehicles for use in operations 

16 of that Administration in Manila, Philippines. 

17 INFORMATION TECHNOLOGY SYSTEMS

18 For necessary expenses for information technology 

19 systems and telecommunications support, including devel20 opmental information systems and operational information 

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

22 asset acquisition of information technology systems, in23 cluding management and related contractual costs of said 

24 acquisitions, including contractual costs associated with 

25 operations authorized by section 3109 of title 5, United 
39 

•HR 3082 EH

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

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

3 of the funds made available under this heading may be 

4 obligated until the Department of Veterans Affairs sub5 mits to the Committees on Appropriations of both Houses 

6 of Congress, and such Committees approve, a plan for ex7 penditure that: (1) meets the capital planning and invest8 ment control review requirements established by the Office 

9 of Management and Budget; (2) complies with the Depart10 ment of Veterans Affairs enterprise architecture; (3) con11 forms with an established enterprise life cycle method12 ology; and (4) complies with the acquisition rules, require13 ments, guidelines, and systems acquisition management 

14 practices of the Federal Government: Provided further, 

15 That within 30 days of enactment of this Act, the Sec16 retary of Veterans Affairs shall submit to the Committees 

17 on Appropriations of both Houses of Congress a re18 programming base letter which provides, by project, the 

19 costs included in this appropriation. 

20 OFFICE OF INSPECTOR GENERAL

21 For necessary expenses of the Office of Inspector 

22 General, to include information technology, in carrying out 

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

24 U.S.C. App.), $107,000,000 (reduced by $1,000,000), of 
40 

•HR 3082 EH

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

2 2011. 

3 CONSTRUCTION, MAJOR PROJECTS

4 For constructing, altering, extending, and improving 

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

6 jurisdiction or for the use of the Department of Veterans 

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

8 316, 2404, 2406, 8102, 8103, 8106, 8108, 8109, 8110, 

9 and 8122 of title 38, United States Code, including plan10 ning, architectural and engineering services, construction 

11 management services, maintenance or guarantee period 

12 services costs associated with equipment guarantees pro13 vided under the project, services of claims analysts, offsite 

14 utility and storm drainage system construction costs, and 

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

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

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

18 project were made available in a previous major project 

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

20 expended, of which $16,000,000 shall be to make reim21 bursements as provided in section 13 of the Contract Dis22 putes Act of 1978 (41 U.S.C. 612) for claims paid for 

23 contract disputes: Provided, That except for advance plan24 ning activities, including needs assessments which may or 

25 may not lead to capital investments, and other capital 
41 

•HR 3082 EH

1 asset management related activities, including portfolio 

2 development and management activities, and investment 

3 strategy studies funded through the advance planning 

4 fund and the planning and design activities funded 

5 through the design fund, including needs assessments 

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

7 funds provided for the purchase of land for the National 

8 Cemetery Administration through the land acquisition line 

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

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

11 by the Congress in the budgetary process: Provided fur12 ther, That funds made available under this heading for 

13 fiscal year 2010, for each approved project shall be obli14 gated: (1) by the awarding of a construction documents 

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

16 of a construction contract by September 30, 2011: Pro17 vided further, That the Secretary of Veterans Affairs shall 

18 promptly submit to the Committees on Appropriations of 

19 both Houses of Congress a written report on any approved 

20 major construction project for which obligations are not 

21 incurred within the time limitations established above: 

22 Provided further, That of the funds made available under 

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

24 activities, and in the amounts, specified under this heading 
42 

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1 in the report of the Committee on Appropriations of the 

2 House of Representatives to accompany this bill. 

3 CONSTRUCTION, MINOR PROJECTS

4 For constructing, altering, extending, and improving 

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

6 jurisdiction or for the use of the Department of Veterans 

7 Affairs, including planning and assessments of needs 

8 which may lead to capital investments, architectural and 

9 engineering services, maintenance or guarantee period 

10 services costs associated with equipment guarantees pro11 vided under the project, services of claims analysts, offsite 

12 utility and storm drainage system construction costs, and 

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

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

15 8110, 8122, and 8162 of title 38, United States Code, 

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

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

18 38, United States Code, $726,800,000 (decreased by 

19 $4,000,000), to remain available until expended, along 

20 with unobligated balances of previous ‘‘Construction, 

21 minor projects’’ appropriations which are hereby made 

22 available for any project where the estimated cost is equal 

23 to or less than the amount set forth in such section: Pro24 vided, That funds made available under this heading shall 

25 be available for: (1) repairs to any of the nonmedical facili-
43 

•HR 3082 EH

1 ties under the jurisdiction or for the use of the Depart2 ment which are necessary because of loss or damage 

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

4 temporary measures necessary to prevent or to minimize 

5 further loss by such causes. 

6 GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE

7 FACILITIES

8 For grants to assist States to acquire or construct 

9 State nursing home and domiciliary facilities and to re10 model, modify, or alter existing hospital, nursing home, 

11 and domiciliary facilities in State homes, for furnishing 

12 care to veterans as authorized by sections 8131 through 

13 8137 of title 38, United States Code, $85,000,000, to re14 main available until expended. 

15 GRANTS FOR CONSTRUCTION OF STATE VETERANS

16 CEMETERIES

17 For grants to assist States in establishing, expand18 ing, or improving State veterans cemeteries as authorized 

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

20 $42,000,000 (increased by $4,000,000), to remain avail21 able until expended. 

22 ADMINISTRATIVE PROVISIONS

23 (INCLUDING TRANSFER OF FUNDS)

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

25 ‘‘Compensation and pensions’’, ‘‘Readjustment benefits’’, 
44 

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1 and ‘‘Veterans insurance and indemnities’’ may be trans2 ferred as necessary to any other of the mentioned appro3 priations: Provided, That before a transfer may take place, 

4 the Secretary of Veterans Affairs shall request from the 

5 Committees on Appropriations of both Houses of Congress 

6 the authority to make the transfer and such Committees 

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

8 days has elapsed. 

9 (INCLUDING TRANSFER OF FUNDS)

10 SEC. 202. Amounts made available for the Depart11 ment of Veterans Affairs for fiscal year 2010, in this Act 

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

13 support and compliance’’, and ‘‘Medical facilities’’ ac14 counts may be transferred among the accounts: Provided, 

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

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

17 or less of the total amount appropriated to the account 

18 in this or any other Act may take place subject to notifica19 tion from the Secretary of Veterans Affairs to the Com20 mittees on Appropriations of both Houses of Congress of 

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

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

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

24 1 percent, or exceeding the cumulative 1 percent for the 

25 fiscal year, may take place only after the Secretary re-
45 

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1 quests from the Committees on Appropriations of both 

2 Houses of Congress the authority to make the transfer 

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

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

5 take place only after the Secretary requests from the Com6 mittees on Appropriations of both Houses of Congress the 

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

8 SEC. 203. Appropriations available in this title for 

9 salaries and expenses shall be available for services au10 thorized by section 3109 of title 5, United States Code, 

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

12 or both; and uniforms or allowances therefore, as author13 ized by sections 5901 through 5902 of title 5, United 

14 States Code. 

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

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

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

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

19 new hospital or home. 

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

21 available for hospitalization or examination of any persons 

22 (except beneficiaries entitled to such hospitalization or ex23 amination under the laws providing such benefits to vet24 erans, and persons receiving such treatment under sec25 tions 7901 through 7904 of title 5, United States Code, 
46 

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1 or the Robert T. Stafford Disaster Relief and Emergency 

2 Assistance Act (42 U.S.C. 5121 et seq.)), unless reim3 bursement of the cost of such hospitalization or examina4 tion is made to the ‘‘Medical services’’ account at such 

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

6 SEC. 206. Appropriations available in this title for 

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

8 and ‘‘Veterans insurance and indemnities’’ shall be avail9 able for payment of prior year accrued obligations re10 quired to be recorded by law against the corresponding 

11 prior year accounts within the last quarter of fiscal year 

12 2009. 

13 SEC. 207. Appropriations available in this title shall 

14 be available to pay prior year obligations of corresponding 

15 prior year appropriations accounts resulting from sections 

16 3328(a), 3334, and 3712(a) of title 31, United States 

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

18 accounts they shall be payable only from ‘‘Compensation 

19 and pensions’’. 

20 (INCLUDING TRANSFER OF FUNDS)

21 SEC. 208. Notwithstanding any other provision of 

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

23 Affairs shall, from the National Service Life Insurance 

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

25 the Veterans’ Special Life Insurance Fund under section 
47 

•HR 3082 EH

1 1923 of title 38, United States Code, and the United 

2 States Government Life Insurance Fund under section 

3 1955 of title 38, United States Code, reimburse the ‘‘Gen4 eral operating expenses’’ and ‘‘Information technology sys5 tems’’ accounts for the cost of administration of the insur6 ance programs financed through those accounts: Provided, 

7 That reimbursement shall be made only from the surplus 

8 earnings accumulated in such an insurance program dur9 ing fiscal year 2010 that are available for dividends in that 

10 program after claims have been paid and actuarially deter11 mined reserves have been set aside: Provided further, That 

12 if the cost of administration of such an insurance program 

13 exceeds the amount of surplus earnings accumulated in 

14 that program, reimbursement shall be made only to the 

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

16 Secretary shall determine the cost of administration for 

17 fiscal year 2010 which is properly allocable to the provi18 sion of each such insurance program and to the provision 

19 of any total disability income insurance included in that 

20 insurance program. 

21 SEC. 209. Amounts deducted from enhanced-use 

22 lease proceeds to reimburse an account for expenses in23 curred by that account during a prior fiscal year for pro24 viding enhanced-use lease services, may be obligated dur25 ing the fiscal year in which the proceeds are received. 
48 

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1 (INCLUDING TRANSFER OF FUNDS)

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

3 salaries and other administrative expenses shall also be 

4 available to reimburse the Office of Resolution Manage5 ment of the Department of Veterans Affairs and the Of6 fice of Employment Discrimination Complaint Adjudica7 tion under section 319 of title 38, United States Code, 

8 for all services provided at rates which will recover actual 

9 costs but not exceed $35,257,000 for the Office of Resolu10 tion Management and $3,287,000 for the Office of Em11 ployment and Discrimination Complaint Adjudication: 

12 Provided, That payments may be made in advance for 

13 services to be furnished based on estimated costs: Provided 

14 further, That amounts received shall be credited to the 

15 ‘‘General operating expenses’’ and ‘‘Information tech16 nology systems’’ accounts for use by the office that pro17 vided the service. 

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

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

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

21 unless the Secretary submits a report which the Commit22 tees on Appropriations of both Houses of Congress ap23 prove within 30 days following the date on which the re24 port is received. 
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1 SEC. 212. No funds of the Department of Veterans 

2 Affairs shall be available for hospital care, nursing home 

3 care, or medical services provided to any person under 

4 chapter 17 of title 38, United States Code, for a non-serv5 ice-connected disability described in section 1729(a)(2) of 

6 such title, unless that person has disclosed to the Sec7 retary of Veterans Affairs, in such form as the Secretary 

8 may require, current, accurate third-party reimbursement 

9 information for purposes of section 1729 of such title: Pro10 vided, That the Secretary may recover, in the same man11 ner as any other debt due the United States, the reason12 able charges for such care or services from any person who 

13 does not make such disclosure as required: Provided fur14 ther, That any amounts so recovered for care or services 

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

16 Secretary during the fiscal year in which amounts are re17 ceived. 

18 (INCLUDING TRANSFER OF FUNDS)

19 SEC. 213. Notwithstanding any other provision of 

20 law, proceeds or revenues derived from enhanced-use leas21 ing activities (including disposal) may be deposited into 

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

23 minor projects’’ accounts and be used for construction (in24 cluding site acquisition and disposition), alterations, and 

25 improvements of any medical facility under the jurisdic-
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1 tion or for the use of the Department of Veterans Affairs. 

2 Such sums as realized are in addition to the amount pro3 vided for in ‘‘Construction, major projects’’ and ‘‘Con4 struction, minor projects’’. 

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

6 services’’ are available— 

7 (1) for furnishing recreational facilities, sup8 plies, and equipment; and 

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

10 other expenses incidental to funerals and burials for 

11 beneficiaries receiving care in the Department. 

12 (INCLUDING TRANSFER OF FUNDS)

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

14 Medical Care Collections Fund pursuant to section 1729A 

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

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

17 the purposes of that account. 

18 SEC. 216. Notwithstanding any other provision of 

19 law, the Secretary of Veterans Affairs shall allow veterans 

20 who are eligible under existing Department of Veterans 

21 Affairs medical care requirements and who reside in Alas22 ka to obtain medical care services from medical facilities 

23 supported by the Indian Health Service or tribal organiza24 tions. The Secretary shall: (1) limit the application of this 

25 provision to rural Alaskan veterans in areas where an ex-
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1 isting Department of Veterans Affairs facility or Veterans 

2 Affairs-contracted service is unavailable; (2) require par3 ticipating veterans and facilities to comply with all appro4 priate rules and regulations, as established by the Sec5 retary; (3) require this provision to be consistent with 

6 Capital Asset Realignment for Enhanced Services activi7 ties; and (4) result in no additional cost to the Department 

8 of Veterans Affairs or the Indian Health Service. 

9 (INCLUDING TRANSFER OF FUNDS)

10 SEC. 217. Such sums as may be deposited to the De11 partment of Veterans Affairs Capital Asset Fund pursu12 ant to section 8118 of title 38, United States Code, may 

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

14 ‘‘Construction, minor projects’’ accounts, to remain avail15 able until expended for the purposes of these accounts. 

16 SEC. 218. None of the funds available to the Depart17 ment of Veterans Affairs, in this Act, or any other Act, 

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

19 Veterans Integrated Services Networks select and contract 

20 for diabetes monitoring supplies and equipment. 

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

22 title may be used to implement any policy prohibiting the 

23 Directors of the Veterans Integrated Services Networks 

24 from conducting outreach or marketing to enroll new vet25 erans within their respective Networks. 
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1 SEC. 220. The Secretary of Veterans Affairs shall 

2 submit to the Committees on Appropriations of both 

3 Houses of Congress a quarterly report on the financial 

4 status of the Veterans Health Administration. 

5 (INCLUDING TRANSFER OF FUNDS)

6 SEC. 221. Amounts made available under the ‘‘Med7 ical services’’, ‘‘Medical support and compliance’’, ‘‘Med8 ical facilities’’, ‘‘General operating expenses’’, and ‘‘Na9 tional Cemetery Administration’’ accounts for fiscal year 

10 2010, may be transferred to or from the ‘‘Information 

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

12 transfer may take place, the Secretary of Veterans Affairs 

13 shall request from the Committees on Appropriations of 

14 both Houses of Congress the authority to make the trans15 fer and an approval is issued. 

16 SEC. 222. Amounts made available for the ‘‘Informa17 tion technology systems’’ account may be transferred be18 tween projects: Provided, That no project may be in19 creased or decreased by more than $1,000,000 of cost 

20 prior to submitting a request to the Committees on Appro21 priations of both Houses of Congress to make the transfer 

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

23 of 30 days has elapsed. 

24 SEC. 223. None of the funds appropriated or other25 wise made available by this Act or any other Act for the 
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1 Department of Veterans Affairs may be used in a manner 

2 that is inconsistent with— 

3 (1) section 842 of the Transportation, Treas4 ury, Housing and Urban Development, the Judici5 ary, the District of Columbia, and Independent 

6 Agencies Appropriations Act, 2006 (Public Law 

7 109–115; 119 Stat. 2506); or 

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

9 Code. 

10 SEC. 224. Of the amounts made available to the De11 partment of Veterans Affairs for fiscal year 2010, in this 

12 Act or any other Act, under the ‘‘Medical facilities’’ ac13 count for non-recurring maintenance, not more than 20 

14 percent of the funds made available shall be obligated dur15 ing the last 2 months of that fiscal year: Provided, That 

16 the Secretary may waive this requirement after providing 

17 written notice to the Committees on Appropriations of 

18 both Houses of Congress. 

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

20 States Code, is amended by striking ‘‘appropriation ‘Gen21 eral Operating Expenses, Department of Veterans Af22 fairs’ ’’ and inserting ‘‘appropriations for ‘General Oper23 ating Expenses and Information Technology Systems, De24 partment of Veterans Affairs’ ’’. 
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1 SEC. 226. Section 1922(a) of title 38, United States 

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

3 Government for the costs of’’ and inserting ‘‘administra4 tive support financed by the appropriations for ‘General 

5 Operating Expenses, Department of Veterans Affairs’ and 

6 ‘Information Technology Systems, Department of Vet7 erans Affairs’ for’’. 

8 TITLE III 

9 RELATED AGENCIES 

10 AMERICAN BATTLE MONUMENTS COMMISSION

11 SALARIES AND EXPENSES

12 For necessary expenses, not otherwise provided for, 

13 of the American Battle Monuments Commission, including 

14 the acquisition of land or interest in land in foreign coun15 tries; purchases and repair of uniforms for caretakers of 

16 national cemeteries and monuments outside of the United 

17 States and its territories and possessions; rent of office 

18 and garage space in foreign countries; purchase (one-for19 one replacement basis only) and hire of passenger motor 

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

21 representation expenses; and insurance of official motor 

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

23 countries, $61,800,000, to remain available until ex24 pended. 
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1 FOREIGN CURRENCY FLUCTUATIONS ACCOUNT

2 For necessary expenses, not otherwise provided for, 

3 of the American Battle Monuments Commission, such 

4 sums as may be necessary, to remain available until ex5 pended, for purposes authorized by section 2109 of title 

6 36, United States Code. 

7 UNITED STATES COURT OF APPEALS FOR VETERANS

8 CLAIMS

9 SALARIES AND EXPENSES

10 For necessary expenses for the operation of the 

11 United States Court of Appeals for Veterans Claims as 

12 authorized by sections 7251 through 7298 of title 38, 

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

14 $1,000,000), of which $1,820,000 (increased by 

15 $1,000,000) shall be available for the purpose of providing 

16 financial assistance as described, and in accordance with 

17 the process and reporting procedures set forth, under this 

18 heading in Public Law 102–229. 

19 DEPARTMENT OF DEFENSE—CIVIL

20 CEMETERIAL EXPENSES, ARMY

21 SALARIES AND EXPENSES

22 For necessary expenses, as authorized by law, for 

23 maintenance, operation, and improvement of Arlington 

24 National Cemetery and Soldiers’ and Airmen’s Home Na25 tional Cemetery, including the purchase of two passenger 
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1 motor vehicles for replacement only, and not to exceed 

2 $1,000 for official reception and representation expenses, 

3 $42,500,000, to remain available until expended: Pro4 vided, That none of the funds available under this heading 

5 shall be for construction of a perimeter wall at Arlington 

6 National Cemetery. In addition, such sums as may be nec7 essary for parking maintenance, repairs and replacement, 

8 to be derived from the Lease of Department of Defense 

9 Real Property for Defense Agencies account. 

10 Funds appropriated under this Act may be provided 

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

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

14 ARMED FORCES RETIREMENT HOME

15 TRUST FUND

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

18 Retirement Home—Washington, District of Columbia and 

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

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

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

23 for construction and renovation of the physical plants at 

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

2 Home—Gulfport, Mississippi. 

3 TITLE IV 

4 GENERAL PROVISIONS 

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

6 this Act shall remain available for obligation beyond the 

7 current fiscal year unless expressly so provided herein. 

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

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

10 shall be absorbed within the levels appropriated in this 

11 Act. 

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

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

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

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

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

17 law relating to risk assessment, the protection of private 

18 property rights, or unfunded mandates. 

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

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

21 other than for normal and recognized executive-legislative 

22 relationships, for publicity or propaganda purposes, and 

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

2 before Congress, except in presentation to Congress itself. 

3 SEC. 405. All departments and agencies funded under 

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

5 statutory authorities and funding, to expand their use of 

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

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

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

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

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

16 Subcommittee on Military Construction, Veterans Affairs, 

17 and Related Agencies of the Committee on Appropriations 

18 of the House of Representatives and the Subcommittee on 

19 Military Construction, Veterans Affairs, and Related 

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

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

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

24 individual serving as a Member, Delegate, or Resident 

25 Commissioner of the United States Congress. 
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1 SEC. 409. Not later than 60 days after the date of 

2 the enactment of this Act, the Secretary of Veterans Af3 fairs shall submit to Congress a report detailing the cur4 rent and planned use of Hyperbaric Oxygen Therapy 

5 (hereinafter in this section referred to as ‘‘HBOT’’) in De6 partment of Veterans Affairs medical facilities. Such re7 port shall include the number of veterans being treated 

8 with HBOT, the types of conditions being treated with 

9 HBOT and their respective success rates, and the current 

10 inventory of hyperbaric chambers. 

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

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

13 leases in the three original National Homes for Disabled 

14 Volunteer Soldiers (soldier’s home branches) established 

15 before 1868. 

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

17 and Veterans Affairs Appropriations Act, 2010’’. 

Passed the House of Representatives July 10, 2009. 

Attest: 

Clerk. 
111TH CONGRESS 

1ST SESSION H. R. 3082 

AN ACT 

Making appropriations for military construction, 

2010, and for other purposes. agencies for the fiscal year ending September 30, the Department of Veterans Affairs, and related