H. R. 3288—251 
shall remain available to the Secretary of Labor until 
expended for wage and hour enforcement programs and 
activities otherwise authorized to be conducted by the Sec-
retary of Labor that focus on industries likely to employ 
nonimmigrants, including enforcement programs and 
activities described in section 212(n) and enforcement pro-
grams and activities related to section 214(c)(14)(A)(i).’’ 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 
shall take effect on the date of the enactment of this Act. 
SEC. 525. None of the funds made available in this Act may 
be used for first-class travel by the employees of agencies funded 
by this Act in contravention of sections 301–10.124 of title 41, 
Code of Federal Regulations. 
SEC. 526. Specific projects contained in the report of the Com-
mittee on Appropriations of the House of Representatives accom-
panying this Act (H. Rept. 111–220) that are considered congres-
sional earmarks for purposes of clause 9 of rule XXI of the Rules 
of the House of Representatives, when intended to be awarded 
to a for-profit entity, shall be awarded under a full and open 
competition. 
SEC. 527. None of the funds appropriated or otherwise made 
available by this Act may be used to enter into a contract in 
an amount greater than $5,000,000 or to award a grant in excess 
of such amount unless the prospective contractor or grantee certifies 
in writing to the agency awarding the contract or grant that, 
to the best of its knowledge and belief, the contractor or grantee 
has filed all Federal tax returns required during the three years 
preceding the certification, has not been convicted of a criminal 
offense under the Internal Revenue Code of 1986, and has not, 
more than 90 days prior to certification, been notified of any unpaid 
Federal tax assessment for which the liability remains unsatisfied, 
unless the assessment is the subject of an installment agreement 
or offer in compromise that has been approved by the Internal 
Revenue Service and is not in default, or the assessment is the 
subject of a non-frivolous administrative or judicial proceeding. 
This division may be cited as the ‘‘Departments of Labor, Health 
and Human Services, and Education, and Related Agencies Appro-
priations Act, 2010’’. 
DIVISION E—MILITARY CONSTRUCTION AND VETERANS 
AFFAIRS AND RELATED AGENCIES APPROPRIATIONS ACT, 
2010 
TITLE I 
DEPARTMENT OF DEFENSE 
MILITARY CONSTRUCTION, ARMY 
For acquisition, construction, installation, and equipment of 
temporary or permanent public works, military installations, facili-
ties, and real property for the Army as currently authorized by 
law, including personnel in the Army Corps of Engineers and other 
personal services necessary for the purposes of this appropriation, 
and for construction and operation of facilities in support of the 
functions of the Commander in Chief, $3,719,419,000, to remain 
available until September 30, 2014, of which $350,000,000 shall 
be for trainee troop housing facilities: Provided, That of this amount,
H. R. 3288—252 
not to exceed $200,519,000 shall be available for study, planning, 
design, architect and engineer services, and host nation support, 
as authorized by law, unless the Secretary of the Army 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: Provided fur-
ther, That, not later than 30 days after the date of the enactment 
of this Act, the Secretary of the Army shall submit to the Commit-
tees on Appropriations of both Houses of Congress an expenditure 
plan for the funds provided for trainee troop housing facilities: 
Provided further, That the amount appropriated in this paragraph 
shall be for the projects and activities, and in the amounts, specified 
under the heading ‘‘Military Construction, Army’’ and under the 
headings ‘‘Army’’ in the table entitled ‘‘Military Construction’’ in 
the explanatory statement of managers to accompany this Act. 
MILITARY CONSTRUCTION, NAVY AND MARINE CORPS 
For acquisition, construction, installation, and equipment of 
temporary or permanent public works, naval installations, 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, $3,769,003,000, to remain avail-
able until September 30, 2014: Provided, That of this amount, 
not to exceed $179,652,000 shall be available for study, planning, 
design, and architect and engineer services, as authorized by law, 
unless the Secretary of the Navy determines that additional obliga-
tions 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 appro-
priated in this paragraph shall be for the projects and activities, 
and in the amounts, specified under the heading ‘‘Military Construc-
tion, Navy and Marine Corps’’ and under the headings ‘‘Navy’’ 
in the table entitled ‘‘Military Construction’’ in the explanatory 
statement of managers to accompany this Act. 
MILITARY CONSTRUCTION, AIR FORCE 
(INCLUDING RESCISSION OF FUNDS) 
For acquisition, construction, installation, and equipment of 
temporary or permanent public works, military installations, facili-
ties, and real property for the Air Force as currently authorized 
by law, $1,450,426,000, to remain available until September 30, 
2014: Provided, That of this amount, not to exceed $103,562,000 
shall be available for study, planning, design, and architect and 
engineer services, as authorized by law, unless the Secretary of 
the Air Force determines 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 appropriated in this 
paragraph shall be for the projects and activities, and in the 
amounts, specified under the heading ‘‘Military Construction, Air 
Force’’ and under the headings ‘‘Air Force’’ in the table entitled 
‘‘Military Construction’’ in the explanatory statement of managers
H. R. 3288—253 
to accompany this Act: Provided further, That of the funds appro-
priated for ‘‘Military Construction, Air Force’’ under Public Law 
110–329, $37,500,000 are hereby rescinded. 
MILITARY CONSTRUCTION, DEFENSE-WIDE 
(INCLUDING TRANSFER AND RESCISSION OF FUNDS) 
For acquisition, construction, installation, and equipment of 
temporary or permanent public works, installations, facilities, and 
real property for activities and agencies of the Department of 
Defense (other than the military departments), as currently author-
ized by law, $3,093,679,000, to remain available until September 
30, 2014: 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 des-
ignate, 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 $131,942,000 shall be available for study, 
planning, design, and architect and engineer services, as authorized 
by law, unless the Secretary of Defense determines that additional 
obligations are necessary for such purposes and notifies the Commit-
tees on Appropriations of both Houses of Congress of the determina-
tion and the reasons therefor: Provided further, That of the amount 
appropriated, notwithstanding any other provision of law, not to 
exceed $41,400,000 shall be available for payments to the North 
Atlantic Treaty Organization for the planning, design, and construc-
tion of a new North Atlantic Treaty Organization headquarters: 
Provided further, That the amount appropriated in this paragraph 
shall be for the projects and activities, and in the amounts, specified 
under the heading ‘‘Military Construction, Defense-Wide’’ and under 
the headings ‘‘Defense-Wide’’ in the table entitled ‘‘Military 
Construction’’ in the explanatory statement of managers to accom-
pany this Act: Provided further, That of the funds appropriated 
for ‘‘Military Construction, Defense-Wide’’ under Public Law 110– 
329, $151,160,000 are hereby rescinded. 
MILITARY CONSTRUCTION, ARMY NATIONAL GUARD 
For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the 
Army National Guard, and contributions therefor, as authorized 
by chapter 1803 of title 10, United States Code, and Military 
Construction Authorization Acts, $582,056,000, to remain available 
until September 30, 2014, of which $30,000,000 shall be for critical 
unfunded requirements: Provided, That of the amount appropriated, 
not to exceed $47,429,000 shall be available for study, planning, 
design, and architect and engineer services, as authorized by law, 
unless the Director of the Army National Guard determines 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, 
not later than 30 days after the date of the enactment of this 
Act, the Director of the Army National Guard shall submit to 
the Committees on Appropriations of both Houses of Congress an 
expenditure plan for the funds provided for critical unfunded
H. R. 3288—254 
requirements: Provided further, That the amount appropriated in 
this paragraph shall be for the projects and activities, and in 
the amounts, specified under the heading ‘‘Military Construction, 
Army National Guard’’ and under the headings ‘‘Army National 
Guard’’ in the table entitled ‘‘Military Construction’’ in the explana-
tory statement of managers to accompany this Act. 
MILITARY CONSTRUCTION, AIR NATIONAL GUARD 
For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the 
Air National Guard, and contributions therefor, as authorized by 
chapter 1803 of title 10, United States Code, and Military Construc-
tion Authorization Acts, $371,226,000, to remain available until 
September 30, 2014, of which $30,000,000 shall be for critical 
unfunded requirements: Provided, That of the amount appropriated, 
not to exceed $20,021,000 shall be available for study, planning, 
design, and architect and engineer services, as authorized by law, 
unless the Director of the Air National Guard determines 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, 
not later than 30 days after the date of the enactment of this 
Act, the Director of the Air National Guard shall submit to the 
Committees on Appropriations of both Houses of Congress an 
expenditure plan for the funds provided for critical unfunded 
requirements: Provided further, That the amount appropriated in 
this paragraph shall be for the projects and activities, and in 
the amounts, specified under the heading ‘‘Military Construction, 
Air National Guard’’ and under the headings ‘‘Air National Guard’’ 
in the table entitled ‘‘Military Construction’’ in the explanatory 
statement of managers to accompany this Act. 
MILITARY CONSTRUCTION, ARMY RESERVE 
For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the 
Army Reserve as authorized by chapter 1803 of title 10, United 
States Code, and Military Construction Authorization Acts, 
$431,566,000, to remain available until September 30, 2014, of 
which $30,000,000 shall be for critical unfunded requirements: Pro-
vided, That of the amount appropriated, not to exceed $22,716,000 
shall be available for study, planning, design, and architect and 
engineer services, as authorized by law, unless the Secretary of 
the Army determines 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, not later than 30 days after the 
date of the enactment of this Act, the Chief of Army Reserve 
shall submit to the Committees on Appropriations of both Houses 
of Congress an expenditure plan for the funds provided for critical 
unfunded requirements: Provided further, That the amount appro-
priated in this paragraph shall be for the projects and activities, 
and in the amounts, specified under the heading ‘‘Military Construc-
tion, Army Reserve’’ and under the headings ‘‘Army Reserve’’ in 
the table entitled ‘‘Military Construction’’ in the explanatory state-
ment of managers to accompany this Act.
H. R. 3288—255 
MILITARY CONSTRUCTION, NAVY RESERVE 
For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the 
reserve components of the Navy and Marine Corps as authorized 
by chapter 1803 of title 10, United States Code, and Military 
Construction Authorization Acts, $125,874,000, to remain available 
until September 30, 2014, of which $20,000,000 shall be for critical 
unfunded requirements of the Navy Reserve and $35,000,000 shall 
be for critical unfunded requirements of the Marine Forces Reserve: 
Provided, That of the amount appropriated, not to exceed $2,951,000 
shall be available for study, planning, design, and architect and 
engineer services, as authorized by law, unless the Secretary of 
the Navy determines 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, not later than 30 days after the 
date of the enactment of this Act, the Chief of Navy Reserve 
and the Commander, Marine Forces Reserve shall submit to the 
Committees on Appropriations of both Houses of Congress an 
expenditure plan for the funds provided for critical unfunded 
requirements: Provided further, That the amount appropriated in 
this paragraph shall be for the projects and activities, and in 
the amounts, specified under the heading ‘‘Military Construction, 
Navy Reserve’’ and under the headings ‘‘Navy Reserve’’ in the 
table entitled ‘‘Military Construction’’ in the explanatory statement 
of managers to accompany this Act. 
MILITARY CONSTRUCTION, AIR FORCE RESERVE 
For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the 
Air Force Reserve as authorized by chapter 1803 of title 10, United 
States Code, and Military Construction Authorization Acts, 
$112,269,000, to remain available until September 30, 2014, of 
which $55,000,000 shall be for critical unfunded requirements: Pro-
vided, That of the amount appropriated, not to exceed $3,869,000 
shall be available for study, planning, design, and architect and 
engineer services, as authorized by law, unless the Secretary of 
the Air Force determines 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, not later than 30 days after the 
date of the enactment of this Act, the Chief of Air Force Reserve 
shall submit to the Committees on Appropriations of both Houses 
of Congress an expenditure plan for the funds provided for critical 
unfunded requirements: Provided further, That the amount appro-
priated in this paragraph shall be for the projects and activities, 
and in the amounts, specified under the heading ‘‘Military Construc-
tion, Air Force Reserve’’ and under the headings ‘‘Air Force Reserve’’ 
in the table entitled ‘‘Military Construction’’ in the explanatory 
statement of managers to accompany this Act.
H. R. 3288—257 
Housing Construction, Air Force’’ in the table entitled ‘‘Military 
Construction’’ in the explanatory statement of managers to accom-
pany this Act. 
FAMILY HOUSING OPERATION AND MAINTENANCE, AIR FORCE 
For expenses of family housing for the Air Force for operation 
and maintenance, including debt payment, leasing, minor construc-
tion, principal and interest charges, and insurance premiums, as 
authorized by law, $502,936,000. 
FAMILY HOUSING CONSTRUCTION, DEFENSE-WIDE 
For expenses of family housing for the activities and agencies 
of the Department of Defense (other than the military departments) 
for construction, including acquisition, replacement, addition, 
expansion, extension, and alteration, as authorized by law, 
$2,859,000, to remain available until September 30, 2014: Provided, 
That the amount appropriated in this paragraph shall be for the 
projects and activities, and in the amounts, specified under the 
heading ‘‘Family Housing Construction, Defense-Wide’’ in the table 
entitled ‘‘Military Construction’’ in the explanatory statement of 
managers to accompany this Act. 
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, $49,214,000. 
DEPARTMENT OF DEFENSE FAMILY HOUSING IMPROVEMENT FUND 
For the Department of Defense Family Housing Improvement 
Fund, $2,600,000, to remain available until expended, for family 
housing initiatives undertaken pursuant to section 2883 of title 
10, United States Code, providing alternative means of acquiring 
and improving military family housing and supporting facilities. 
HOMEOWNERS ASSISTANCE FUND 
For the Homeowners Assistance Fund established by section 
1013 of the Demonstration Cities and Metropolitan Development 
Act of 1966 (42 U.S.C. 3374), as amended by section 1001 of division 
A of the American Recovery and Reinvestment Act of 2009 (Public 
Law 111–5; 123 Stat. 194), $323,225,000, to remain available until 
expended. 
CHEMICAL DEMILITARIZATION CONSTRUCTION, DEFENSE-WIDE 
For expenses of construction, not otherwise provided for, nec-
essary for the destruction of the United States stockpile of lethal 
chemical agents and munitions in accordance 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, $151,541,000, to remain available until September 
30, 2014, which shall be only for the Assembled Chemical Weapons 
Alternatives program: Provided, That the amount appropriated in
H. R. 3288—258 
this paragraph shall be for the projects and activities, and in 
the amounts, specified under the headings ‘‘Chemical Demilitariza-
tion Construction, Defense-Wide’’ in the table entitled ‘‘Military 
Construction’’ in the explanatory statement of managers to accom-
pany this Act. 
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), 
$496,768,000, 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), 
$7,455,498,000, to remain available until expended: Provided, That 
the Department of Defense shall notify the Committees on Appro-
priations 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, which-
ever 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 
section 2805 of title 10, United States Code. 
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 per-
formed within the United States, except Alaska, without the specific 
approval in writing of the Secretary of Defense setting forth the 
reasons therefor. 
SEC. 102. Funds made available in this title for construction 
shall be available for hire of passenger motor vehicles. 
SEC. 103. Funds made available in this title for construction 
may be used for advances to the Federal Highway Administration, 
Department of Transportation, for the construction of access roads 
as authorized by section 210 of title 23, United States Code, when 
projects authorized therein are certified as important to the national 
defense 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 Engineering Command, except: (1) where 
there is a determination 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.
H. R. 3288—259 
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 appropria-
tions for military construction. 
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 another, without prior notification 
to the Committees on Appropriations 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 construction project 
or activity for which American steel producers, fabricators, and 
manufacturers have been denied the opportunity to compete for 
such steel procurement. 
SEC. 109. None of the funds available to the Department of 
Defense for military construction or family housing 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 notifica-
tion to the Committees on Appropriations of both Houses of Con-
gress. 
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 Atlantic 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 territories and posses-
sions 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 responsive 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 responsible bid is submitted by a Marshallese 
contractor. 
SEC. 113. The Secretary of Defense is to inform the appropriate 
committees of both Houses of Congress, including 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. 
SEC. 115. Funds appropriated to the Department of Defense 
for construction in prior years shall be available for construction 
authorized for each such military department by the authorizations 
enacted into law during the current session of Congress.
H. R. 3288—260 
SEC. 116. For military construction or family housing projects 
that are being completed with funds otherwise expired or lapsed 
for obligation, expired or lapsed funds may be used to pay the 
cost of associated supervision, inspection, 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 consultation with 
the Secretary of State, shall submit to the Committees on Appro-
priations of both Houses of Congress, by February 15 of each 
year, an annual report in unclassified 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 contributions from 
host countries for military construction projects; 
(2) attempts to achieve economic incentives offered by host 
countries to encourage private investment 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 deeded or otherwise imparted 
to host countries upon the cessation of United States operations 
at military installations; 
(4) the amount spent by host countries on defense, 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 deposited to the Department 
of Defense Base Closure Account established by section 207(a)(1) 
of the Defense Authorization 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 estab-
lished by section 2906(a)(1) of the Defense Base Closure and 
Realignment Act of 1990 (10 U.S.C. 2687 note), to be merged