II 

Calendar No. 106 

111TH CONGRESS 

1ST SESSION H. R. 3082 

IN THE SENATE OF THE UNITED STATES 

JULY 13, 2009 

Received; read twice and placed on the calendar 

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: 


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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 


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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, 


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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 23:13 Jul 13, 2009 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3082.PCS H3082

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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 


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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, 


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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. 


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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 

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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 

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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 23:13 Jul 13, 2009 Jkt 079200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3082.PCS H3082

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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 

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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. 


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1 FAMILY HOUSING CONSTRUCTION, ARMY

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

5 $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 

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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. 


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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, 


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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 23:13 Jul 13, 2009 Jkt 079200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H3082.PCS H3082

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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 


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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. 


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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. 


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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 


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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 


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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 


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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 


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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 


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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, 


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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, 


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1 in 2005 under the Defense Base Closure and Realignment 

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

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

5 continuing mission or function at that installation or a 

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

8 cost to the United States of carrying out such project 

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

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

13 Government agency has indicated it will assume ownership 

14 of the completed project. The Secretary of Defense may 

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

18 such funds for another purpose or project without the 

19 prior approval of the Committees on Appropriations of 

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

21 military construction projects, land acquisition, or family 

22 housing projects for which the project is vital to the na23 tional security or the protection of health, safety, or envi24 ronmental quality: Provided, That the Secretary of De25 fense shall notify the congressional defense committees 


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1 within 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 


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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 


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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 


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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. 


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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 


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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 

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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 23:13 Jul 13, 2009 Jkt 079200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\H3082.PCS H3082

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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 23:13 Jul 13, 2009 Jkt 079200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\H3082.PCS H3082

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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 


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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 


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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 


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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, 

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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 


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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 

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

2 utility and storm drainage system construction costs, and 

3 site acquisition, 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, 


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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. 


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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. 


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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’’, 


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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 


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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, 


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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 


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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 


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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. 


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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 23:13 Jul 13, 2009 Jkt 079200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\H3082.PCS H3082

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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 


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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’’. 


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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. 


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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 23:13 Jul 13, 2009 Jkt 079200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\H3082.PCS H3082

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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. 


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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. 


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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 


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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’’. 

Passed the House of Representatives July 10, 2009. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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Calendar No. 106 

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 

JULY 13, 2009 

Received; read twice and placed on the calendar 


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