any money in the Treasury not otherwise appropriated, 
for military construction, the Department of Veterans Af-
fairs, and related agencies for the fiscal year ending Sep-
tember 30, 2009, and for other purposes, namely: 
TITLE I 
DEPARTMENT OF DEFENSE 
MILITARY CONSTRUCTION, ARMY 
(INCLUDING RESCISSIONS OF FUNDS) 
For acquisition, construction, installation, and equip-
ment of temporary or permanent public works, military 
installations, facilities, and real property for the Army as 
currently authorized by law, including personnel in the 
Army Corps of Engineers and other personal services nec-
essary for the purposes of this appropriation, and for con-
struction and operation of facilities in support of the func-
tions of the Commander in Chief, $4,801,536,000, to re-
main available until September 30, 2013: Provided, That 
of this amount, not to exceed $175,823,000 shall be avail-
able for study, planning, design, architect and engineer 
services, and host nation support, as authorized by law, 
unless the Secretary of Defense determines that additional 
obligations are necessary for such purposes and notifies 
the Committees on Appropriations of both Houses of Con-
gress of the determination and the reasons therefor: Pro-
vided further, That the amount appropriated in this para-
graph shall be for the projects and activities, and in the 
amounts, specified under the headings ‘‘Army’’ in the 
table entitled ‘‘Military Construction’’ in the report of the 
Committee on Appropriations of the House of Representa-
tives to accompany this bill: Provided further, That of the 
funds appropriated for ‘‘Military Construction, Army’’ 
under Public Law 110–5, $34,720,000 are hereby re-
scinded: Provided further, That of the funds appropriated 
for ‘‘Military Construction, Army’’ under Public Law 110– 
161, $16,600,000 are hereby rescinded. 
MILITARY CONSTRUCTION, NAVY AND MARINE CORPS 
For acquisition, construction, installation, and equip-
ment of temporary or permanent public works, naval in-
stallations, facilities, and real property for the Navy and 
Marine Corps as currently authorized by law, including 
personnel in the Naval Facilities Engineering Command 
and other personal services necessary for the purposes of 
this appropriation, $3,280,809,000, to remain available 
until September 30, 2013: Provided, That of this amount, 
not to exceed $247,128,000 shall be available for study, 
planning, design, and architect and engineer services, as 
authorized by law, unless the Secretary of Defense deter-
mines that additional obligations are necessary for such 
purposes and notifies the Committees on Appropriations 
of both Houses of Congress of the determination and the
reasons therefor: Provided further, That the amount ap-
propriated in this paragraph shall be for the projects and 
activities, and in the amounts, specified under the head-
ings ‘‘Navy’’ in the table entitled ‘‘Military Construction’’ 
in the report of the Committee on Appropriations of the 
House of Representatives to accompany this bill. 
MILITARY CONSTRUCTION, AIR FORCE 
(INCLUDING RESCISSIONS OF FUNDS) 
For acquisition, construction, installation, and equip-
ment of temporary or permanent public works, military 
installations, facilities, and real property for the Air Force 
as currently authorized by law, $976,524,000, to remain 
available until September 30, 2013: Provided, That of this 
amount, not to exceed $77,314,000 shall be available for 
study, planning, design, and architect and engineer serv-
ices, as authorized by law, unless the Secretary of Defense 
determines that additional obligations are necessary for 
such purposes and notifies the Committees on Appropria-
tions of both Houses of Congress of the determination and 
the reasons therefor: Provided further, That the amount 
appropriated in this paragraph shall be for the projects 
and activities, and in the amounts, specified under the 
headings ‘‘Air Force’’ in the table entitled ‘‘Military Con-
struction’’ in the report of the Committee on Appropria-
tions of the House of Representatives to accompany this
bill: Provided further, That of the funds appropriated for 
‘‘Military Construction, Air Force’’ under Public Law 
109–114, $1,359,000 are hereby rescinded: Provided fur-
ther, That of the funds appropriated for ‘‘Military Con-
struction, Air Force’’ under Public Law 110–5, 
$3,581,000 are hereby rescinded: Provided further, That 
of the funds appropriated for ‘‘Military Construction, Air 
Force’’ under Public Law 110–161, $12,741,000 are here-
by rescinded. 
MILITARY CONSTRUCTION, DEFENSE-WIDE 
(INCLUDING TRANSFER AND RESCISSION OF FUNDS) 
For acquisition, construction, installation, and equip-
ment of temporary or permanent public works, installa-
tions, facilities, and real property for activities and agen-
cies of the Department of Defense (other than the military 
departments), 
as 
currently 
authorized 
by 
law, 
$1,614,450,000, to remain available until September 30, 
2013: Provided, That such amounts of this appropriation 
as may be determined by the Secretary of Defense may 
be transferred to such appropriations of the Department 
of Defense available for military construction or family 
housing as the Secretary may designate, to be merged with 
and to be available for the same purposes, and for the 
same time period, as the appropriation or fund to which 
transferred: Provided further, That of the amount appro-
priated, not to exceed $211,606,000 shall be available for 
study, planning, design, and architect and engineer serv-
ices, as authorized by law, unless the Secretary of Defense 
determines that additional obligations are necessary for 
such purposes and notifies the Committees on Appropria-
tions of both Houses of Congress of the determination and 
the reasons therefor: Provided further, That the amount 
appropriated in this paragraph shall be for the projects 
and activities, and in the amounts, specified under the 
headings ‘‘Defense-Wide’’ in the table entitled ‘‘Military 
Construction’’ in the report of the Committee on Appro-
priations of the House of Representatives to accompany 
this bill: Provided further, That of the funds appropriated 
for ‘‘Military Construction, Defense-Wide’’ under Public 
Law 108–324, $3,589,000 are hereby rescinded. 
MILITARY CONSTRUCTION, ARMY NATIONAL GUARD 
For construction, acquisition, expansion, rehabilita-
tion, and conversion of facilities for the training and ad-
ministration of the Army National Guard, and contribu-
tions therefor, as authorized by chapter 1803 of title 10, 
United States Code, and Military Construction Authoriza-
tion Acts, $628,668,000, to remain available until Sep-
tember 30, 2013: Provided, That of the amount appro-
priated, not to exceed $50,563,000 shall be available for 
study, planning, design, and architect and engineer serv-
ices, as authorized by law, unless the Secretary of Defense 
determines that additional obligations are necessary for 
such purposes and notifies the Committees on Appropria-
tions of both Houses of Congress of the determination and 
the reasons therefor: Provided further, That the amount 
appropriated in this paragraph shall be for the projects 
and activities, and in the amounts, specified under the 
headings ‘‘Army National Guard’’ in the table entitled 
‘‘Military Construction’’ in the report of the Committee 
on Appropriations of the House of Representatives to ac-
company this bill. 
MILITARY CONSTRUCTION, AIR NATIONAL GUARD 
For construction, acquisition, expansion, rehabilita-
tion, and conversion of facilities for the training and ad-
ministration of the Air National Guard, and contributions 
therefor, as authorized by chapter 1803 of title 10, United 
States Code, and Military Construction Authorization 
Acts, $142,809,000, to remain available until September 
30, 2013: Provided, That of the amount appropriated, not 
to exceed $10,209,000 shall be available for study, plan-
ning, design, and architect and engineer services, as au-
thorized by law, unless the Secretary of Defense deter-
mines that additional obligations are necessary for such 
purposes and notifies the Committees on Appropriations 
of both Houses of Congress of the determination and the
reasons therefor: Provided further, That the amount ap-
propriated in this paragraph shall be for the projects and 
activities, and in the amounts, specified under the head-
ings ‘‘Air National Guard’’ in the table entitled ‘‘Military 
Construction’’ in the report of the Committee on Appro-
priations of the House of Representatives to accompany 
this bill. 
MILITARY CONSTRUCTION, ARMY RESERVE 
For construction, acquisition, expansion, rehabilita-
tion, and conversion of facilities for the training and ad-
ministration of the Army Reserve as authorized by chapter 
1803 of title 10, United States Code, and Military Con-
struction Authorization Acts, $282,607,000, to remain 
available until September 30, 2013: Provided, That of the 
amount appropriated, not to exceed $14,883,000 shall be 
available for study, planning, design, and architect and en-
gineer services, as authorized by law, unless the Secretary 
of Defense determines that additional obligations are nec-
essary for such purposes and notifies the Committees on 
Appropriations of both Houses of Congress of the deter-
mination and the reasons therefor: Provided further, That 
the amount appropriated in this paragraph shall be for 
the projects and activities, and in the amounts, specified 
under the headings ‘‘Army Reserve’’ in the table entitled 
‘‘Military Construction’’ in the report of the Committee
on Appropriations of the House of Representatives to ac-
company this bill. 
MILITARY CONSTRUCTION, NAVY RESERVE 
For construction, acquisition, expansion, rehabilita-
tion, and conversion of facilities for the training and ad-
ministration of the reserve components of the Navy and 
Marine Corps as authorized by chapter 1803 of title 10, 
United States Code, and Military Construction Authoriza-
tion Acts, $57,045,000, to remain available until Sep-
tember 30, 2013: Provided, That of the amount appro-
priated, not to exceed $2,045,000 shall be available for 
study, planning, design, and architect and engineer serv-
ices, as authorized by law, unless the Secretary of Defense 
determines that additional obligations are necessary for 
such purposes and notifies the Committees on Appropria-
tions of both Houses of Congress of the determination and 
the reasons therefor: Provided further, That the amount 
appropriated in this paragraph shall be for the projects 
and activities, and in the amounts, specified under the 
headings ‘‘Navy Reserve’’ in the table entitled ‘‘Military 
Construction’’ in the report of the Committee on Appro-
priations of the House of Representatives to accompany 
this bill.
MILITARY CONSTRUCTION, AIR FORCE RESERVE 
For construction, acquisition, expansion, rehabilita-
tion, and conversion of facilities for the training and ad-
ministration of the Air Force Reserve as authorized by 
chapter 1803 of title 10, United States Code, and Military 
Construction Authorization Acts, $30,018,000, to remain 
available until September 30, 2013: Provided, That of the 
amount appropriated, not to exceed $5,675,000 shall be 
available for study, planning, design, and architect and en-
gineer services, as authorized by law, unless the Secretary 
of Defense determines that additional obligations are nec-
essary for such purposes and notifies the Committees on 
Appropriations of both Houses of Congress of the deter-
mination and the reasons therefor: Provided further, That 
the amount appropriated in this paragraph shall be for 
the projects and activities, and in the amounts, specified 
under the headings ‘‘Air Force Reserve’’ in the table enti-
tled ‘‘Military Construction’’ in the report of the Com-
mittee on Appropriations of the House of Representatives 
to accompany this bill. 
NORTH ATLANTIC TREATY ORGANIZATION 
SECURITY INVESTMENT PROGRAM 
For the United States share of the cost of the North 
Atlantic Treaty Organization Security Investment Pro-
gram for the acquisition and construction of military fa-
cilities and installations (including international military 
headquarters) and for related expenses for the collective 
defense of the North Atlantic Treaty Area as authorized 
by section 2806 of title 10, United States Code, and Mili-
tary Construction Authorization Acts, $218,867,000, to 
remain available until expended. 
FAMILY HOUSING CONSTRUCTION, ARMY 
For expenses of family housing for the Army for con-
struction, including acquisition, replacement, addition, ex-
pansion, extension, and alteration, as authorized by law, 
$646,580,000, to remain available until September 30, 
2013: Provided, That the amount appropriated in this 
paragraph shall be for the projects and activities, and in 
the amounts, specified under the heading ‘‘Family Hous-
ing Construction, Army’’ in the table entitled ‘‘Military 
Construction’’ in the report of the Committee on Appro-
priations of the House of Representatives to accompany 
this bill. 
FAMILY HOUSING OPERATION AND MAINTENANCE, 
ARMY 
For expenses of family housing for the Army for op-
eration and maintenance, including debt payment, leasing, 
minor construction, principal and interest charges, and in-
surance premiums, as authorized by law, $716,110,000.
FAMILY HOUSING CONSTRUCTION, NAVY AND MARINE 
CORPS 
For expenses of family housing for the Navy and Ma-
rine Corps for construction, including acquisition, replace-
ment, addition, expansion, extension, and alteration, as 
authorized by law, $382,778,000, to remain available until 
September 30, 2013: Provided, That the amount appro-
priated in this paragraph shall be for the projects and ac-
tivities, and in the amounts, specified under the heading 
‘‘Family Housing Construction, Navy and Marine Corps’’ 
in the table entitled ‘‘Military Construction’’ in the report 
of the Committee on Appropriations of the House of Rep-
resentatives to accompany this bill. 
FAMILY HOUSING OPERATION AND MAINTENANCE, 
NAVY AND MARINE CORPS 
For expenses of family housing for the Navy and Ma-
rine Corps for operation and maintenance, including debt 
payment, leasing, minor construction, principal and inter-
est charges, and insurance premiums, as authorized by 
law, $376,062,000. 
FAMILY HOUSING CONSTRUCTION, AIR FORCE 
For expenses of family housing for the Air Force for 
construction, including acquisition, replacement, addition, 
expansion, extension, and alteration, as authorized by law, 
$395,879,000, to remain available until September 30,
2013: Provided, That the amount appropriated in this 
paragraph shall be for the projects and activities, and in 
the amounts, specified under the heading ‘‘Family Hous-
ing Construction, Air Force’’ in the table entitled ‘‘Mili-
tary Construction’’ in the report of the Committee on Ap-
propriations of the House of Representatives to accom-
pany this bill. 
FAMILY HOUSING OPERATION AND MAINTENANCE, AIR 
FORCE 
For expenses of family housing for the Air Force for 
operation and maintenance, including debt payment, leas-
ing, minor construction, principal and interest charges, 
and 
insurance 
premiums, 
as 
authorized 
by 
law, 
$594,465,000. 
FAMILY HOUSING OPERATION AND MAINTENANCE, 
DEFENSE-WIDE 
For expenses of family housing for the activities and 
agencies of the Department of Defense (other than the 
military departments) for operation and maintenance, 
leasing, and minor construction, as authorized by law, 
$49,231,000. 
DEPARTMENT OF DEFENSE FAMILY HOUSING 
IMPROVEMENT FUND 
For the Department of Defense Family Housing Im-
provement Fund, $850,000, to remain available until ex-
pended, for family housing initiatives undertaken pursu-
ant to section 2883 of title 10, United States Code, pro-
viding alternative means of acquiring and improving mili-
tary family housing and supporting facilities. 
HOMEOWNERS ASSISTANCE FUND 
For the Homeowners Assistance Fund established by 
section 1013 of the Demonstration Cities and Metropoli-
tan Development Act of 1966, as amended (42 U.S.C. 
3374), $4,500,000, to remain available until expended. 
CHEMICAL DEMILITARIZATION CONSTRUCTION, 
DEFENSE-WIDE 
(INCLUDING TRANSFER OF FUNDS) 
For expenses of construction, not otherwise provided 
for, necessary for the destruction of the United States 
stockpile of lethal chemical agents and munitions in ac-
cordance with section 1412 of the Department of Defense 
Authorization Act, 1986 (50 U.S.C. 1521), and for the 
destruction of other chemical warfare materials that are 
not in the chemical weapon stockpile, as currently author-
ized by law, $134,278,000, to remain available until Sep-
tember 30, 2013: Provided, That such amounts of this ap-
propriation as may be determined by the Secretary of De-
fense may be transferred to such appropriations of the De-
partment of Defense available for military construction as 
the Secretary may designate, to be merged with and to
be available for the same purposes, and for the same time 
period, as the appropriation to which transferred: Pro-
vided further, That the amount appropriated in this para-
graph shall be for the projects and activities, and in the 
amounts, specified in the table entitled ‘‘Chemical Demili-
tarization Construction’’ in the report of the Committee 
on Appropriations of the House of Representatives to ac-
company this bill. 
DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 
1990 
For deposit into the Department of Defense Base 
Closure Account 1990, established by section 2906(a)(1) 
of the Defense Base Closure and Realignment Act of 1990 
(10 U.S.C. 2687 note), $473,377,000, to remain available 
until expended. 
DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 
2005 
For deposit into the Department of Defense Base 
Closure Account 2005, established by section 2906A(a)(1) 
of the Defense Base Closure and Realignment Act of 1990 
(10 U.S.C. 2687 note), $9,065,386,000, to remain avail-
able until expended: Provided, That the Department of 
Defense shall notify the Committees on Appropriations of 
both Houses of Congress 14 days prior to obligating an 
amount for a construction project that exceeds or reduces
the amount identified for that project in the most recently 
submitted budget request for this account by 20 percent 
or $2,000,000, whichever is less: Provided further, That 
the previous proviso shall not apply to projects costing less 
than $5,000,000, except for those projects not previously 
identified in any budget submission for this account and 
exceeding the minor construction threshold under 10 
U.S.C. 2805. 
ADMINISTRATIVE PROVISIONS 
SEC. 101. None of the funds made available in this 
title shall be expended for payments under a cost-plus-a- 
fixed-fee contract for construction, where cost estimates 
exceed $25,000, to be performed within the United States, 
except Alaska, without the specific approval in writing of 
the Secretary of Defense setting forth the reasons there-
for. 
SEC. 102. Funds made available in this title for con-
struction shall be available for hire of passenger motor ve-
hicles. 
SEC. 103. Funds made available in this title for con-
struction may be used for advances to the Federal High-
way Administration, Department of Transportation, for 
the construction of access roads as authorized by section 
210 of title 23, United States Code, when projects author-
ized therein are certified as important to the national de-
fense by the Secretary of Defense. 
SEC. 104. None of the funds made available in this 
title may be used to begin construction of new bases in 
the United States for which specific appropriations have 
not been made. 
SEC. 105. None of the funds made available in this 
title shall be used for purchase of land or land easements 
in excess of 100 percent of the value as determined by 
the Army Corps of Engineers or the Naval Facilities Engi-
neering Command, except: (1) where there is a determina-
tion of value by a Federal court; (2) purchases negotiated 
by the Attorney General or the designee of the Attorney 
General; (3) where the estimated value is less than 
$25,000; or (4) as otherwise determined by the Secretary 
of Defense to be in the public interest. 
SEC. 106. None of the funds made available in this 
title shall be used to: (1) acquire land; (2) provide for site 
preparation; or (3) install utilities for any family housing, 
except housing for which funds have been made available 
in annual Acts making appropriations for military con-
struction. 
SEC. 107. None of the funds made available in this 
title for minor construction may be used to transfer or 
relocate any activity from one base or installation to an-
other, without prior notification to the Committees on Ap-
propriations of both Houses of Congress. 
SEC. 108. None of the funds made available in this 
title may be used for the procurement of steel for any con-
struction project or activity for which American steel pro-
ducers, fabricators, and manufacturers have been denied 
the opportunity to compete for such steel procurement. 
SEC. 109. None of the funds available to the Depart-
ment of Defense for military construction or family hous-
ing during the current fiscal year may be used to pay real 
property taxes in any foreign nation. 
SEC. 110. None of the funds made available in this 
title may be used to initiate a new installation overseas 
without prior notification to the Committees on Appro-
priations of both Houses of Congress. 
SEC. 111. None of the funds made available in this 
title may be obligated for architect and engineer contracts 
estimated by the Government to exceed $500,000 for 
projects to be accomplished in Japan, in any North Atlan-
tic Treaty Organization member country, or in countries 
bordering the Arabian Sea, unless such contracts are 
awarded to United States firms or United States firms 
in joint venture with host nation firms. 
SEC. 112. None of the funds made available in this 
title for military construction in the United States terri-
tories and possessions in the Pacific and on Kwajalein 
Atoll, or in countries bordering the Arabian Sea, may be 
used to award any contract estimated by the Government 
to exceed $1,000,000 to a foreign contractor: Provided, 
That this section shall not be applicable to contract 
awards for which the lowest responsive and responsible bid 
of a United States contractor exceeds the lowest respon-
sive and responsible bid of a foreign contractor by greater 
than 20 percent: Provided further, That this section shall 
not apply to contract awards for military construction on 
Kwajalein Atoll for which the lowest responsive and re-
sponsible bid is submitted by a Marshallese contractor. 
SEC. 113. The Secretary of Defense is to inform the 
appropriate committees of both Houses of Congress, in-
cluding the Committees on Appropriations, of the plans 
and scope of any proposed military exercise involving 
United States personnel 30 days prior to its occurring, 
if amounts expended for construction, either temporary or 
permanent, are anticipated to exceed $100,000. 
SEC. 114. Not more than 20 percent of the funds 
made available in this title which are limited for obligation 
during the current fiscal year shall be obligated during 
the last two months of the fiscal year.
(INCLUDING TRANSFER OF FUNDS) 
SEC. 115. Funds appropriated to the Department of 
Defense for construction in prior years shall be available 
for construction authorized for each such military depart-
ment by the authorizations enacted into law during the 
current session of Congress. 
SEC. 116. For military construction or family housing 
projects that are being completed with funds otherwise ex-
pired or lapsed for obligation, expired or lapsed funds may 
be used to pay the cost of associated supervision, inspec-
tion, overhead, engineering and design on those projects 
and on subsequent claims, if any. 
SEC. 117. Notwithstanding any other provision of 
law, any funds made available to a military department 
or defense agency for the construction of military projects 
may be obligated for a military construction project or 
contract, or for any portion of such a project or contract, 
at any time before the end of the fourth fiscal year after 
the fiscal year for which funds for such project were made 
available, if the funds obligated for such project: (1) are 
obligated from funds available for military construction 
projects; and (2) do not exceed the amount appropriated 
for such project, plus any amount by which the cost of 
such project is increased pursuant to law.
SEC. 118. (a) The Secretary of Defense, in consulta-
tion with the Secretary of State, shall submit to the Com-
mittees on Appropriations of both Houses of Congress, by 
February 15 of each year, an annual report, in unclassi-
fied and, if necessary classified form, on actions taken by 
the Department of Defense and the Department of State 
during the previous fiscal year to encourage host countries 
to assume a greater share of the common defense burden 
of such countries and the United States. 
(b) The report under subsection (a) shall include a 
description of— 
(1) attempts to secure cash and in-kind con-
tributions from host countries for military construc-
tion projects; 
(2) attempts to achieve economic incentives of-
fered by host countries to encourage private invest-
ment for the benefit of the United States Armed 
Forces; 
(3) attempts to recover funds due to be paid to 
the United States by host countries for assets deed-
ed or otherwise imparted to host countries upon the 
cessation of United States operations at military in-
stallations;
(4) the amount spent by host countries on de-
fense, in dollars and in terms of the percent of gross 
domestic product (GDP) of the host country; and 
(5) for host countries that are members of the 
North Atlantic Treaty Organization (NATO), the 
amount contributed to NATO by host countries, in 
dollars and in terms of the percent of the total 
NATO budget. 
(c) In this section, the term ‘‘host country’’ means 
other member countries of NATO, Japan, South Korea, 
and United States allies bordering the Arabian Sea. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 119. In addition to any other transfer authority 
available to the Department of Defense, proceeds depos-
ited to the Department of Defense Base Closure Account 
established by section 207(a)(1) of the Defense Authoriza-
tion Amendments and Base Closure and Realignment Act 
(10 U.S.C. 2687 note) pursuant to section 207(a)(2)(C) 
of such Act, may be transferred to the account established 
by section 2906(a)(1) of the Defense Base Closure and 
Realignment Act of 1990 (10 U.S.C. 2687 note), to be 
merged with, and to be available for the same purposes 
and the same time period as that account.
(INCLUDING TRANSFER OF FUNDS) 
SEC. 122. In addition to any other transfer authority 
available to the Department of Defense, amounts may be 
transferred from the accounts established by sections 
2906(a)(1) and 2906A(a)(1) of the Defense Base Closure 
and Realignment Act of 1990 (10 U.S.C. 2687 note), to 
the fund established by section 1013(d) of the Demonstra-
tion Cities and Metropolitan Development Act of 1966 (42 
U.S.C. 3374) to pay for expenses associated with the 
Homeowners Assistance Program. Any amounts trans-
ferred shall be merged with and be available for the same 
purposes and for the same time period as the fund to 
which transferred. 
SEC. 123. Notwithstanding this or any other provi-
sion of law, funds made available in this title for operation 
and maintenance of family housing shall be the exclusive 
source of funds for repair and maintenance of all family 
housing units, including general or flag officer quarters: 
Provided, That not more than $35,000 per unit may be 
spent annually for the maintenance and repair of any gen-
eral or flag officer quarters without 30 days prior notifica-
tion to the Committees on Appropriations of both Houses 
of Congress, except that an after-the-fact notification shall 
be submitted if the limitation is exceeded solely due to 
costs associated with environmental remediation that
could not be reasonably anticipated at the time of the 
budget submission: Provided further, That the Under Sec-
retary of Defense (Comptroller) is to report annually to 
the Committees on Appropriations of both Houses of Con-
gress all operation and maintenance expenditures for each 
individual general or flag officer quarters for the prior fis-
cal year. 
SEC. 124. Amounts contained in the Ford Island Im-
provement Account established by subsection (h) of sec-
tion 2814 of title 10, United States Code, are appro-
priated and shall be available until expended for the pur-
poses specified in subsection (i)(1) of such section or until 
transferred pursuant to subsection (i)(3) of such section. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 125. None of the funds made available in this 
title, or in any Act making appropriations for military con-
struction which remain available for obligation, may be ob-
ligated or expended to carry out a military construction, 
land acquisition, or family housing project at or for a mili-
tary installation approved for closure, or at a military in-
stallation for the purposes of supporting a function that 
has been approved for realignment to another installation, 
in 2005 under the Defense Base Closure and Realignment 
Act of 1990 (part A of title XXIX of Public Law 101– 
510; 10 U.S.C. 2687 note), unless such a project at a mili-
tary installation approved for realignment will support a 
continuing mission or function at that installation or a 
new mission or function that is planned for that installa-
tion, or unless the Secretary of Defense certifies that the 
cost to the United States of carrying out such project 
would be less than the cost to the United States of cancel-
ling such project, or if the project is at an active compo-
nent base that shall be established as an enclave or in the 
case of projects having multi-agency use, that another 
Government agency has indicated it will assume ownership 
of the completed project. The Secretary of Defense may 
not transfer funds made available as a result of this limi-
tation from any military construction project, land acquisi-
tion, or family housing project to another account or use 
such funds for another purpose or project without the 
prior approval of the Committees on Appropriations of 
both Houses of Congress. This section shall not apply to 
military construction projects, land acquisition, or family 
housing projects for which the project is vital to the na-
tional security or the protection of health, safety, or envi-
ronmental quality: Provided, That the Secretary of De-
fense shall notify the congressional defense committees 
within seven days of a decision to carry out such a military 
construction project.
(INCLUDING TRANSFER OF FUNDS) 
SEC. 126. During the 5-year period after appropria-
tions available in this Act to the Department of Defense 
for military construction and family housing operation and 
maintenance and construction have expired for obligation, 
upon a determination that such appropriations will not be 
necessary for the liquidation of obligations or for making 
authorized adjustments to such appropriations for obliga-
tions incurred during the period of availability of such ap-
propriations, unobligated balances of such appropriations 
may be transferred into the appropriation ‘‘Foreign Cur-
rency Fluctuations, Construction, Defense’’, to be merged 
with and to be available for the same time period and for 
the same purposes as the appropriation to which trans-
ferred. 
SEC. 127. None of the funds appropriated or other-
wise made available in this title may be used for any action 
that is related to or promotes the expansion of the bound-
aries or size of the Pinon Canyon Maneuver Site, Colo-
rado.
TITLE II 
DEPARTMENT OF VETERANS AFFAIRS 
VETERANS BENEFITS ADMINISTRATION 
COMPENSATION AND PENSIONS 
(INCLUDING TRANSFER OF FUNDS) 
For the payment of compensation benefits to or on 
behalf of veterans and a pilot program for disability ex-
aminations as authorized by section 107 and chapters 11, 
13, 18, 51, 53, 55, and 61 of title 38, United States Code; 
pension benefits to or on behalf of veterans as authorized 
by chapters 15, 51, 53, 55, and 61 of title 38, United 
States Code; and burial benefits, the Reinstated Entitle-
ment Program for Survivors, emergency and other offi-
cers’ retirement pay, adjusted-service credits and certifi-
cates, payment of premiums due on commercial life insur-
ance policies guaranteed under the provisions of title IV 
of the Servicemembers Civil Relief Act (50 U.S.C. App. 
541 et seq.) and for other benefits as authorized by sec-
tions 107, 1312, 1977, and 2106, and chapters 23, 51, 
53, 55, and 61 of title 38, United States Code, 
$43,111,681,000, to remain available until expended: Pro-
vided, That not to exceed $26,798,000 of the amount ap-
propriated under this heading shall be reimbursed to 
‘‘General operating expenses’’, ‘‘Medical support and com-
pliance’’, and ‘‘Information technology systems’’ for nec-
essary expenses in implementing the provisions of chapters 
51, 53, and 55 of title 38, United States Code, the funding 
source for which is specifically provided as the ‘‘Com-
pensation and pensions’’ appropriation: Provided further, 
That such sums as may be earned on an actual qualifying 
patient basis, shall be reimbursed to ‘‘Medical care collec-
tions fund’’ to augment the funding of individual medical 
facilities for nursing home care provided to pensioners as 
authorized. 
READJUSTMENT BENEFITS 
For the payment of readjustment and rehabilitation 
benefits to or on behalf of veterans as authorized by chap-
ters 21, 30, 31, 34, 35, 36, 39, 51, 53, 55, and 61 of 
title 38, United States Code, $3,086,944,000, to remain 
available until expended: Provided, That expenses for re-
habilitation program services and assistance which the 
Secretary is authorized to provide under subsection (a) of 
section 3104 of title 38, United States Code, other than 
under paragraphs (1), (2), (5), and (11) of that sub-
section, shall be charged to this account. 
VETERANS INSURANCE AND INDEMNITIES 
For military and naval insurance, national service life 
insurance, servicemen’s indemnities, service-disabled vet-
erans insurance, and veterans mortgage life insurance as
veterans described in section 1705(a) of title 38, United 
States Code, including care and treatment in facilities not 
under the jurisdiction of the Department, and including 
medical supplies and equipment, food services, and sala-
ries and expenses of health-care employees hired under 
title 38, United States Code, and aid to State homes as 
authorized by section 1741 of title 38, United States Code; 
$30,854,270,000, plus reimbursements, of which not less 
than $3,800,000,000 shall be expended for specialty men-
tal health care: Provided, That of the funds made available 
under this heading, not to exceed $1,350,000,000 shall be 
available until September 30, 2010: Provided further, 
That, notwithstanding any other provision of law, the Sec-
retary of Veterans Affairs shall establish a priority for the 
provision of medical treatment for veterans who have serv-
ice-connected disabilities, lower income, or have special 
needs: Provided further, That, notwithstanding any other 
provision of law, the Secretary of Veterans Affairs shall 
give priority funding for the provision of basic medical 
benefits to veterans in enrollment priority groups 1 
through 6: Provided further, That, notwithstanding any 
other provision of law, the Secretary of Veterans Affairs 
may authorize the dispensing of prescription drugs from 
Veterans Health Administration facilities to enrolled vet-
erans with privately written prescriptions based on re-
quirements established by the Secretary: Provided further, 
That the implementation of the program described in the 
previous proviso shall incur no additional cost to the De-
partment of Veterans Affairs: Provided further, That for 
the Department of Defense/Department of Veterans Af-
fairs Health Care Sharing Incentive Fund, as authorized 
by section 8111(d) of title 38, United States Code, a min-
imum of $15,000,000, to remain available until expended, 
for any purpose authorized by section 8111 of title 38, 
United States Code. 
MEDICAL SUPPORT AND COMPLIANCE 
For necessary expenses in the administration of the 
medical, hospital, nursing home, domiciliary, construction, 
supply, and research activities, as authorized by law; ad-
ministrative expenses in support of capital policy activi-
ties; and administrative and legal expenses of the Depart-
ment for collecting and recovering amounts owed the De-
partment as authorized under chapter 17 of title 38, 
United States Code, and the Federal Medical Care Recov-
ery Act (42 U.S.C. 2651 et seq.): $4,400,000,000, plus 
reimbursements, of which $250,000,000 shall be available 
until September 30, 2010. 
MEDICAL FACILITIES 
For necessary expenses for the maintenance and op-
eration of hospitals, nursing homes, and domiciliary facili-
ties and other necessary facilities of the Veterans Health 
Administration; for administrative expenses in support of 
planning, design, project management, real property ac-
quisition and disposition, construction, and renovation of 
any facility under the jurisdiction or for the use of the 
Department; for oversight, engineering, and architectural 
activities not charged to project costs; for repairing, alter-
ing, improving, or providing facilities in the several hos-
pitals and homes under the jurisdiction of the Depart-
ment, not otherwise provided for, either by contract or by 
the hire of temporary employees and purchase of mate-
rials; for leases of facilities; and for laundry services, 
$5,029,000,000, 
plus 
reimbursements, 
of 
which 
$350,000,000 shall be available until September 30, 2010: 
Provided, That $300,000,000 for non-recurring mainte-
nance provided under this heading shall be allocated in 
a manner not subject to the Veterans Equitable Resource 
Allocation. 
MEDICAL AND PROSTHETIC RESEARCH 
For necessary expenses in carrying out programs of 
medical and prosthetic research and development as au-
thorized by chapter 73 of title 38, United States Code, 
$500,000,000, plus reimbursements, to remain available 
until September 30, 2010.
NATIONAL CEMETERY ADMINISTRATION 
For necessary expenses of the National Cemetery Ad-
ministration for operations and maintenance, not other-
wise provided for, including uniforms or allowances there-
for; cemeterial expenses as authorized by law; purchase 
of one passenger motor vehicle for use in cemeterial oper-
ations; hire of passenger motor vehicles; and repair, alter-
ation or improvement of facilities under the jurisdiction 
of the Department, $240,000,000, of which not to exceed 
$20,000,000 shall be available until September 30, 2010. 
DEPARTMENTAL ADMINISTRATION 
GENERAL OPERATING EXPENSES 
For necessary operating expenses of the Department 
of Veterans Affairs, not otherwise provided for, including 
administrative expenses in support of Department-Wide 
capital planning, management and policy activities, uni-
forms, or allowances therefor; not to exceed $25,000 for 
official reception and representation expenses; hire of pas-
senger motor vehicles; and reimbursement of the General 
Services Administration for security guard services, and 
the Department of Defense for the cost of overseas em-
ployee mail, $1,801,867,000: Provided, That expenses for 
services and assistance authorized under paragraphs (1), 
(2), (5), and (11) of section 3104(a) of title 38, United 
States Code, that the Secretary of Veterans Affairs deter-
mines are necessary to enable entitled veterans: (1) to the 
maximum extent feasible, to become employable and to ob-
tain and maintain suitable employment; or (2) to achieve 
maximum independence in daily living, shall be charged 
to this account: Provided further, That the Veterans Bene-
fits Administration shall be funded at not less than 
$1,473,753,000: Provided further, That of the funds made 
available under this heading, not to exceed $75,000,000 
shall be available for obligation until September 30, 2010: 
Provided further, That from the funds made available 
under this heading, the Veterans Benefits Administration 
may purchase (on a one-for-one replacement basis only) 
up to two passenger motor vehicles for use in operations 
of that Administration in Manila, Philippines. 
INFORMATION TECHNOLOGY SYSTEMS 
For necessary expenses for information technology 
systems and telecommunications support, including devel-
opmental information systems and operational information 
systems; including pay and associated cost; for the capital 
asset acquisition of information technology systems, in-
cluding management and related contractual costs of said 
acquisitions, including contractual costs associated with 
operations authorized by section 3109 of title 5, United 
States Code, $2,492,066,000, plus reimbursements, to be 
available until September 30, 2010: Provided, That none
of these funds may be obligated until the Department of 
Veterans Affairs submits to the Committees on Appropria-
tions of both Houses of Congress, and such Committees 
approve, a plan for expenditure that: (1) meets the capital 
planning and investment control review requirements es-
tablished by the Office of Management and Budget; (2) 
complies with the Department of Veterans Affairs enter-
prise architecture; (3) conforms with an established enter-
prise life cycle methodology; and (4) complies with the ac-
quisition rules, requirements, guidelines, and systems ac-
quisition management practices of the Federal Govern-
ment: Provided further, That within 30 days of enactment 
of this Act, the Secretary of Veterans Affairs shall submit 
to the Committees on Appropriations of both Houses of 
Congress a reprogramming base letter which provides, by 
project, the costs included in this appropriation. 
OFFICE OF INSPECTOR GENERAL 
For necessary expenses of the Office of Inspector 
General, to include information technology, in carrying out 
the provisions of the Inspector General Act of 1978 (5 
U.S.C. App.), $87,818,000, of which $5,000,000 shall be 
available until September 30, 2010. 
CONSTRUCTION, MAJOR PROJECTS 
For constructing, altering, extending, and improving 
any of the facilities, including parking projects, under the
jurisdiction or for the use of the Department of Veterans 
Affairs, or for any of the purposes set forth in sections 
316, 2404, 2406, 8102, 8103, 8106, 8108, 8109, 8110, 
and 8122 of title 38, United States Code, including plan-
ning, architectural and engineering services, construction 
management services, maintenance or guarantee period 
services costs associated with equipment guarantees pro-
vided under the project, services of claims analysts, offsite 
utility and storm drainage system construction costs, and 
site acquisition, where the estimated cost of a project is 
more than the amount set forth in section 8104(a)(3)(A) 
of title 38, United States Code, or where funds for a 
project were made available in a previous major project 
appropriation, $923,382,000, to remain available until ex-
pended, of which $10,000,000 shall be to make reimburse-
ments as provided in section 13 of the Contract Disputes 
Act of 1978 (41 U.S.C. 612) for claims paid for contract 
disputes: Provided, That except for advance planning ac-
tivities, including needs assessments which may or may 
not lead to capital investments, and other capital asset 
management related activities, including portfolio develop-
ment and management activities, and investment strategy 
studies funded through the advance planning fund and the 
planning and design activities funded through the design 
fund, including needs assessments which may or may not
lead to capital investments, and funds provided for the 
purchase of land for the National Cemetery Administra-
tion through the land acquisition line item, none of the 
funds appropriated under this heading shall be used for 
any project which has not been approved by the Congress 
in the budgetary process: Provided further, That funds 
provided in this appropriation for fiscal year 2009, for 
each approved project shall be obligated: (1) by the award-
ing of a construction documents contract by September 
30, 2009; and (2) by the awarding of a construction con-
tract by September 30, 2010: Provided further, That the 
Secretary of Veterans Affairs shall promptly submit to the 
Committees on Appropriations of both Houses of Congress 
a written report on any approved major construction 
project for which obligations are not incurred within the 
time limitations established above: Provided further, That 
none of the funds appropriated in this or any other Act 
may be used to reduce the mission, services, or infrastruc-
ture, including land, of the 18 facilities on the Capital 
Asset Realignment for Enhanced Services (CARES) list 
requiring further study, as specified by the Secretary of 
Veterans Affairs, without prior approval of the Commit-
tees on Appropriations of both Houses of Congress: Pro-
vided further, That of the amount appropriated in this 
paragraph, $798,852,000 shall be for the site specific
projects, and in the amounts, specified under this heading 
in the report of the Committee on Appropriations of the 
House of Representatives to accompany this bill. 
CONSTRUCTION, MINOR PROJECTS 
For constructing, altering, extending, and improving 
any of the facilities, including parking projects, under the 
jurisdiction or for the use of the Department of Veterans 
Affairs, including planning and assessments of needs 
which may lead to capital investments, architectural and 
engineering services, maintenance or guarantee period 
services costs associated with equipment guarantees pro-
vided under the project, services of claims analysts, offsite 
utility and storm drainage system construction costs, and 
site acquisition, or for any of the purposes set forth in 
sections 316, 2404, 2406, 8102, 8103, 8106, 8108, 8109, 
8110, 8122, and 8162 of title 38, United States Code, 
where the estimated cost of a project is equal to or less 
than the amount set forth in section 8104(a)(3)(A) of title 
38, United States Code, $991,492,000, to remain avail-
able until expended, along with unobligated balances of 
previous ‘‘Construction, minor projects’’ appropriations 
which are hereby made available for any project where the 
estimated cost is equal to or less than the amount set forth 
in such section: Provided, That funds in this account shall 
be available for: (1) repairs to any of the nonmedical facili-
ties under the jurisdiction or for the use of the Depart-
ment which are necessary because of loss or damage 
caused by any natural disaster or catastrophe; and (2) 
temporary measures necessary to prevent or to minimize 
further loss by such causes: Provided further: That 
$7,000,000 of the amount appropriated in this paragraph 
shall be for the installation of alternative fueling stations 
at 35 medical facility campuses. 
GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE 
FACILITIES 
For grants to assist States to acquire or construct 
State nursing home and domiciliary facilities and to re-
model, modify, or alter existing hospital, nursing home, 
and domiciliary facilities in State homes, for furnishing 
care to veterans as authorized by sections 8131 through 
8137 of title 38, United States Code, $165,000,000, to 
remain available until expended. 
GRANTS FOR CONSTRUCTION OF STATE VETERANS 
CEMETERIES 
For grants to assist States in establishing, expand-
ing, or improving State veterans cemeteries as authorized 
by section 2408 of title 38, United States Code, 
$45,000,000, to remain available until expended.
ADMINISTRATIVE PROVISIONS 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 201. Any appropriation for fiscal year 2009 for 
‘‘Compensation and pensions’’, ‘‘Readjustment benefits’’, 
and ‘‘Veterans insurance and indemnities’’ may be trans-
ferred as necessary to any other of the mentioned appro-
priations: Provided, That before a transfer may take place, 
the Secretary of Veterans Affairs shall request from the 
Committees on Appropriations of both Houses of Congress 
the authority to make the transfer and such Committees 
issue an approval, or absent a response, a period of 30 
days has elapsed. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 202. Amounts made available for fiscal year 
2009, in this Act or any other Act, under the ‘‘Medical 
services’’, ‘‘Medical support and compliance’’, and ‘‘Med-
ical facilities’’ accounts may be transferred among the ac-
counts to the extent necessary to implement the restruc-
turing of the Veterans Health Administration accounts: 
Provided, That before a transfer may take place, the Sec-
retary of Veterans Affairs shall request from the Commit-
tees on Appropriations of both Houses of Congress the 
authority to make the transfer and an approval is issued. 
SEC. 203. Appropriations available in this title for 
salaries and expenses shall be available for services au-
thorized by section 3109 of title 5, United States Code, 
hire of passenger motor vehicles; lease of a facility or land 
or both; and uniforms or allowances therefore, as author-
ized by sections 5901 through 5902 of title 5, United 
States Code. 
SEC. 204. No appropriations in this title (except the 
appropriations for ‘‘Construction, major projects’’, and 
‘‘Construction, minor projects’’) shall be available for the 
purchase of any site for or toward the construction of any 
new hospital or home. 
SEC. 205. No appropriations in this title shall be 
available for hospitalization or examination of any persons 
(except beneficiaries entitled to such hospitalization or ex-
amination under the laws providing such benefits to vet-
erans, and persons receiving such treatment under sec-
tions 7901 through 7904 of title 5, United States Code, 
or the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5121 et seq.)), unless reim-
bursement of the cost of such hospitalization or examina-
tion is made to the ‘‘Medical services’’ account at such 
rates as may be fixed by the Secretary of Veterans Affairs. 
SEC. 206. Appropriations available in this title for 
‘‘Compensation and pensions’’, ‘‘Readjustment benefits’’, 
and ‘‘Veterans insurance and indemnities’’ shall be avail-
able for payment of prior year accrued obligations re-
quired to be recorded by law against the corresponding 
prior year accounts within the last quarter of fiscal year 
2008. 
SEC. 207. Appropriations available in this title shall 
be available to pay prior year obligations of corresponding 
prior year appropriations accounts resulting from sections 
3328(a), 3334, and 3712(a) of title 31, United States 
Code, except that if such obligations are from trust fund 
accounts they shall be payable only from ‘‘Compensation 
and pensions’’. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 208. Notwithstanding any other provision of 
law, during fiscal year 2009, the Secretary of Veterans 
Affairs shall, from the National Service Life Insurance 
Fund (38 U.S.C. 1920), the Veterans’ Special Life Insur-
ance Fund (38 U.S.C. 1923), and the United States Gov-
ernment Life Insurance Fund (38 U.S.C. 1955), reim-
burse the ‘‘General operating expenses’’ and ‘‘Information 
technology systems’’ account for the cost of administration 
of the insurance programs financed through those ac-
counts: Provided, That reimbursement shall be made only 
from the surplus earnings accumulated in such an insur-
ance program during fiscal year 2009 that are available 
for dividends in that program after claims have been paid 
and actuarially determined reserves have been set aside:
Provided further, That if the cost of administration of such 
an insurance program exceeds the amount of surplus earn-
ings accumulated in that program, reimbursement shall be 
made only to the extent of such surplus earnings: Provided 
further, That the Secretary shall determine the cost of ad-
ministration for fiscal year 2009 which is properly allo-
cable to the provision of each such insurance program and 
to the provision of any total disability income insurance 
included in that insurance program. 
SEC. 209. Amounts deducted from enhanced-use 
lease proceeds to reimburse an account for expenses in-
curred by that account during a prior fiscal year for pro-
viding enhanced-use lease services, may be obligated dur-
ing the fiscal year in which the proceeds are received. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 210. Funds available in this title or funds for 
salaries and other administrative expenses shall also be 
available to reimburse the Office of Resolution Manage-
ment of the Department of Veterans Affairs and the Of-
fice of Employment Discrimination Complaint Adjudica-
tion under section 319 of title 38, United States Code, 
for all services provided at rates which will recover actual 
costs but not exceed $34,158,000 for the Office of Resolu-
tion Management and $3,278,000 for the Office of Em-
ployment and Discrimination Complaint Adjudication:
Provided, That payments may be made in advance for 
services to be furnished based on estimated costs: Provided 
further, That amounts received shall be credited to ‘‘Gen-
eral operating expenses’’ and ‘‘Information technology sys-
tems’’ for use by the office that provided the service. 
SEC. 211. No appropriations in this title shall be 
available to enter into any new lease of real property if 
the estimated annual rental is more than $300,000 unless 
the Secretary submits a report which the Committees on 
Appropriations of both Houses of Congress approve within 
30 days following the date on which the report is received. 
SEC. 212. No funds of the Department of Veterans 
Affairs shall be available for hospital care, nursing home 
care, or medical services provided to any person under 
chapter 17 of title 38, United States Code, for a non-serv-
ice-connected disability described in section 1729(a)(2) of 
such title, unless that person has disclosed to the Sec-
retary of Veterans Affairs, in such form as the Secretary 
may require, current, accurate third-party reimbursement 
information for purposes of section 1729 of such title: Pro-
vided, That the Secretary may recover, in the same man-
ner as any other debt due the United States, the reason-
able charges for such care or services from any person who 
does not make such disclosure as required: Provided fur-
ther, That any amounts so recovered for care or services
provided in a prior fiscal year may be obligated by the 
Secretary during the fiscal year in which amounts are re-
ceived. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 213. Notwithstanding any other provision of 
law, at the discretion of the Secretary of Veterans Affairs, 
proceeds or revenues derived from enhanced-use leasing 
activities (including disposal) may be deposited into the 
‘‘Construction, major projects’’ and ‘‘Construction, minor 
projects’’ accounts and be used for construction (including 
site acquisition and disposition), alterations, and improve-
ments of any medical facility under the jurisdiction or for 
the use of the Department of Veterans Affairs. Such sums 
as realized are in addition to the amount provided for in 
‘‘Construction, major projects’’ and ‘‘Construction, minor 
projects’’. 
SEC. 214. Amounts made available under ‘‘Medical 
services’’ are available— 
(1) for furnishing recreational facilities, sup-
plies, and equipment; and 
(2) for funeral expenses, burial expenses, and 
other expenses incidental to funerals and burials for 
beneficiaries receiving care in the Department.
(INCLUDING TRANSFER OF FUNDS) 
SEC. 215. Such sums as may be deposited to the 
Medical Care Collections Fund pursuant to section 1729A 
of title 38, United States Code, may be transferred to 
‘‘Medical services’’, to remain available until expended for 
the purposes of that account. 
SEC. 216. Notwithstanding any other provision of 
law, the Secretary of Veterans Affairs shall allow veterans 
who are eligible under existing Department of Veterans 
Affairs medical care requirements and who reside in Alas-
ka to obtain medical care services from medical facilities 
supported by the Indian Health Service or tribal organiza-
tions. The Secretary shall: (1) limit the application of this 
provision to rural Alaskan veterans in areas where an ex-
isting Department of Veterans Affairs facility or Veterans 
Affairs-contracted service is unavailable; (2) require par-
ticipating veterans and facilities to comply with all appro-
priate rules and regulations, as established by the Sec-
retary; (3) require this provision to be consistent with 
Capital Asset Realignment for Enhanced Services activi-
ties; and (4) result in no additional cost to the Department 
of Veterans Affairs or the Indian Health Service. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 217. Such sums as may be deposited to the De-
partment of Veterans Affairs Capital Asset Fund pursu-
ant to section 8118 of title 38, United States Code, may 
be transferred to the ‘‘Construction, major projects’’ and 
‘‘Construction, minor projects’’ accounts, to remain avail-
able until expended for the purposes of these accounts. 
SEC. 218. None of the funds available to the Depart-
ment of Veterans Affairs, in this Act, or any other Act, 
may be used to replace the current system by which the 
Veterans Integrated Services Networks select and contract 
for diabetes monitoring supplies and equipment. 
SEC. 219. None of the funds made available in this 
title may be used to implement any policy prohibiting the 
Directors of the Veterans Integrated Services Networks 
from conducting outreach or marketing to enroll new vet-
erans within their respective Networks. 
SEC. 220. The Secretary of Veterans Affairs shall 
submit to the Committees on Appropriations of both 
Houses of Congress a quarterly report on the financial 
status of the Veterans Health Administration. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 221. Amounts made available under the ‘‘Med-
ical services’’, ‘‘Medical support and compliance’’, ‘‘Med-
ical facilities’’, ‘‘General operating expenses’’, and ‘‘Na-
tional Cemetery Administration’’ accounts for fiscal year 
2009, may be transferred to or from the ‘‘Information 
technology systems’’ account: Provided, That before a
transfer may take place, the Secretary of Veterans Affairs 
shall request from the Committees on Appropriations of 
both Houses of Congress the authority to make the trans-
fer and an approval is issued. 
SEC. 222. Amounts made available for the ‘‘Informa-
tion technology systems’’ account may be transferred be-
tween projects: Provided, That no project may be in-
creased or decreased by more than $1,000,000 of cost 
prior to submitting a request to the Committees on Appro-
priations of both Houses of Congress to make the transfer 
and an approval is issued, or absent a response, a period 
of 30 days has elapsed. 
(INCLUDING TRANSFER OF FUNDS) 
SEC. 223. Any balances in prior year accounts estab-
lished for the payment of benefits under the Reinstated 
Entitlement Program for Survivors shall be transferred to 
and merged with amounts available under the ‘‘Compensa-
tion and pensions’’ account, and, hereinafter, receipts that 
would otherwise be credited to the accounts established for 
the payment of benefits under the Reinstated Entitlement 
Program for Survivors program shall be credited to 
amounts available under the ‘‘Compensation and pen-
sions’’ account.
SEC. 224. Section 1710(f)(2)(B) of title 38, United 
States Code, is amended by striking ‘‘September 30, 
2008,’’ and inserting ‘‘September 30, 2009,’’. 
SEC. 225. Section 1729(a)(2)(E) of title 38, United 
States Code, is amended by striking ‘‘October 1, 2008,’’ 
and inserting ‘‘October 1, 2009,’’. 
TITLE III 
RELATED AGENCIES 
AMERICAN BATTLE MONUMENTS COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses, not otherwise provided for, 
of the American Battle Monuments Commission, including 
the acquisition of land or interest in land in foreign coun-
tries; purchases and repair of uniforms for caretakers of 
national cemeteries and monuments outside of the United 
States and its territories and possessions; rent of office 
and garage space in foreign countries; purchase (one-for- 
one replacement basis only) and hire of passenger motor 
vehicles; not to exceed $7,500 for official reception and 
representation expenses; and insurance of official motor 
vehicles in foreign countries, when required by law of such 
countries, $55,470,000, to remain available until ex-
pended.
FOREIGN CURRENCY FLUCTUATIONS ACCOUNT 
For necessary expenses, not otherwise provided for, 
of the American Battle Monuments Commission, such 
sums as may be necessary, to remain available until ex-
pended, for purposes authorized by section 2109 of title 
36, United States Code. 
UNITED STATES COURT OF APPEALS FOR VETERANS 
CLAIMS 
SALARIES AND EXPENSES 
For necessary expenses for the operation of the 
United States Court of Appeals for Veterans Claims as 
authorized by sections 7251 through 7298 of title 38, 
United States Code, $73,975,000, of which $1,700,000 
shall be available for the purpose of providing financial 
assistance as described, and in accordance with the proc-
ess and reporting procedures set forth, under this heading 
in Public Law 102–229. 
DEPARTMENT OF DEFENSE—CIVIL 
CEMETERIAL EXPENSES 
SALARIES AND EXPENSES 
For necessary expenses, as authorized by law, for 
maintenance, operation, and improvement of Arlington 
National Cemetery and Soldiers’ and Airmen’s Home Na-
tional Cemetery, including the purchase of two passenger 
motor vehicles for replacement only, and not to exceed
$1,000 for official reception and representation expenses, 
$31,230,000, to remain available until expended. In addi-
tion, such sums as may be necessary for parking mainte-
nance, repairs and replacement, to be derived from the 
Lease of Department of Defense Real Property for De-
fense Agencies account. 
Funds appropriated under this Act may be provided 
to Arlington County, Virginia, for the relocation of the 
federally-owned water main at Arlington National Ceme-
tery making additional land available for ground burials. 
ARMED FORCES RETIREMENT HOME 
TRUST FUND 
For expenses necessary for the Armed Forces Retire-
ment Home to operate and maintain the Armed Forces 
Retirement Home—Washington, District of Columbia and 
the Armed Forces Retirement Home—Gulfport, Mis-
sissippi, to be paid from funds available in the Armed 
Forces Retirement Home Trust Fund, $63,010,000, of 
which $8,025,000 shall remain available until expended 
for construction and renovation of the physical plants at 
the Armed Forces Retirement Home—Washington.
TITLE IV 
GENERAL PROVISIONS 
SEC. 401. No part of any appropriation contained in 
this Act shall remain available for obligation beyond the 
current fiscal year unless expressly so provided herein. 
SEC. 402. Such sums as may be necessary for fiscal 
year 2009 for pay raises for programs funded by this Act 
shall be absorbed within the levels appropriated in this 
Act. 
SEC. 403. None of the funds made available in this 
Act may be used for any program, project, or activity, 
when it is made known to the Federal entity or official 
to which the funds are made available that the program, 
project, or activity is not in compliance with any Federal 
law relating to risk assessment, the protection of private 
property rights, or unfunded mandates. 
SEC. 404. No part of any funds appropriated in this 
Act shall be used by an agency of the executive branch, 
other than for normal and recognized executive-legislative 
relationships, for publicity or propaganda purposes, and 
for the preparation, distribution, or use of any kit, pam-
phlet, booklet, publication, radio, television, or film presen-
tation designed to support or defeat legislation pending 
before Congress, except in presentation to Congress itself.
SEC. 405. All departments and agencies funded under 
this Act are encouraged, within the limits of the existing 
statutory authorities and funding, to expand their use of 
‘‘E-Commerce’’ technologies and procedures in the con-
duct of their business practices and public service activi-
ties. 
SEC. 406. None of the funds made available in this 
Act may be transferred to any department, agency, or in-
strumentality of the United States Government except 
pursuant to a transfer made by, or transfer authority pro-
vided in, this or any other appropriations Act. 
SEC. 407. Unless stated otherwise, all reports and no-
tifications required by this Act shall be submitted to the 
Subcommittee on Military Construction, Veterans Affairs, 
and Related Agencies of the Committee on Appropriations 
of the House of Representatives and the Subcommittee on 
Military Construction, Veterans Affairs, and Related 
Agencies of the Committee on Appropriations of the Sen-
ate. 
SEC. 408. None of the funds provided by this Act 
shall be available to enforce section 526 of the Energy 
Independence and Security Act of 2007 (Public Law 110– 
140; 42 U.S.C. 17142).
SEC. 408. None of the funds made available in this 
Act may be used to implement section 2703 of Public Law 
109–234. 
SEC. 408. None of the funds made available in this 
Act may be used to carry out section 111(c)(5) of title 
38, United States Code, during fiscal year 2009. 
SEC. ll. None of the funds made available in this 
Act may be used to modify the standards applicable to 
the determination of the entitlement of veterans to special 
monthly pensions under sections 1513(a) and 1521(e) of 
title 38, United States Code, as in effect pursuant to the 
opinion of the United States Court of Appeals for Vet-
erans Claims in the case of Hartness v. Nicholson (No. 04- 
0888, July 21, 2006). 
SEC. ll. None of the funds made available in this 
Act may be used to enforce section 3, Policy of VHA Di-
rective 2008–25. 
SEC. 408. None of the funds appropriated or other-
wise made available in this Act may be used to take pri-
vate property for public use without just compensation. 
SEC. lllll. None of the funds made available 
in this Act may be used for a project or program named 
for an individual then serving as a Member, Delegate, 
Resident Commissioner, or Senator of the United States 
Congress.
This Act may be cited as the ‘‘Military Construction 
and Veterans Affairs Appropriations Act, 2009’’. 
Passed the House of Representatives August 1, 
2008. 
Attest: 
Clerk.