[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3082 Engrossed Amendment Senate (EAS)]
In the Senate of the United States,
November 17, 2009.
Resolved, That the bill from the House of Representatives (H.R.
3082) entitled ``An Act making appropriations for military
construction, the Department of Veterans Affairs, and related agencies
for the fiscal year ending September 30, 2010, and for other
purposes.'', do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for military construction, the
Department of Veterans Affairs, and related agencies for the fiscal
year ending September 30, 2010, and for other purposes, namely:
TITLE I
DEPARTMENT OF DEFENSE
Military Construction, Army
For acquisition, construction, installation, and equipment 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 necessary for the purposes of this appropriation, and
for construction and operation of facilities in support of the
functions of the Commander in Chief, $3,477,673,000, to remain
available until September 30, 2014: Provided, That of this amount, not
to exceed $191,573,000 shall be available 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 Congress of the determination and
the reasons therefor: Provided further, That the amounts made available
under this heading shall be expended for the projects and activities,
and in the amounts specified, under this heading in the Committee
recommendations and detail tables, including the table entitled
``Military Construction Projects Listing by Location'' in the report
accompanying 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, $3,548,771,000, to remain available until September 30,
2014: Provided, That of this amount, not to exceed $176,896,000 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 Committees on Appropriations of both Houses of
Congress of the determination and the reasons therefor: Provided
further, That the amounts made available under this heading shall be
expended for the projects and activities, and in the amounts specified,
under this heading in the Committee recommendations and detail tables,
including the table entitled ``Military Construction Projects Listing
by Location'' in the report accompanying this Act.
Military Construction, Air Force
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations,
facilities, and real property for the Air Force as currently authorized
by law, $1,213,539,000, to remain available until September 30, 2014,
of which $9,800,000 shall be for an Aircraft Fuel Systems Maintenance
Dock at Columbus AFB, Mississippi: Provided, That of this amount, not
to exceed $106,918,000 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 Committees on
Appropriations of both Houses of Congress of the determination and the
reasons therefor: Provided further, That the amounts made available
under this heading shall be expended for the projects and activities,
and in the amounts specified, under this heading in the Committee
recommendations and detail tables, including the table entitled
``Military Construction Projects Listing by Location'' in the report
accompanying this Act.
Military Construction, Defense-Wide
(including transfer 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 authorized by law,
$3,069,114,000, 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 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 appropriated, not to exceed $142,942,000 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
Committees on Appropriations of both Houses of Congress of the
determination and the reasons therefor: Provided further, That the
amounts made available under this heading shall be expended for the
projects and activities, and in the amounts specified, under this
heading in the Committee recommendations and detail tables, including
the table entitled ``Military Construction Projects Listing by
Location'' in the report accompanying this Act.
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, $497,210,000, to remain available until September
30, 2014: Provided, That the amounts made available under this heading
shall be expended for the projects and activities, and in the amounts
specified, under this heading in the Committee recommendations and
detail tables, including the table entitled ``Military Construction
Projects Listing by Location'' in the report accompanying 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 Construction
Authorization Acts, $297,661,000, to remain available until September
30, 2014: Provided, That the amounts made available under this heading
shall be expended for the projects and activities, and in the amounts
specified, under this heading in the Committee recommendations and
detail tables, including the table entitled ``Military Construction
Projects Listing by Location'' in the report accompanying 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, $379,012,000, to
remain available until September 30, 2014: Provided, That the amounts
made available under this heading shall be expended for the projects
and activities, and in the amounts specified, under this heading in the
Committee recommendations and detail tables, including the table
entitled ``Military Construction Projects Listing by Location'' in the
report accompanying this Act.
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, $64,124,000, to remain available until September
30, 2014: Provided, That the amounts made available under this heading
shall be expended for the projects and activities, and in the amounts
specified, under this heading in the Committee recommendations and
detail tables, including the table entitled ``Military Construction
Projects Listing by Location'' in the report accompanying 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, $47,376,000, to
remain available until September 30, 2014: Provided, That the amounts
made available under this heading shall be expended for the projects
and activities, and in the amounts specified, under this heading in the
Committee recommendations and detail tables, including the table
entitled ``Military Construction Projects Listing by Location'' in the
report accompanying this Act.
North Atlantic Treaty Organization Security Investment Program
For the United States share of the cost of the North Atlantic
Treaty Organization Security Investment Program for the acquisition and
construction of military facilities 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 Military Construction
Authorization Acts, $276,314,000, to remain available until expended:
Provided, That of the amount appropriated, not to exceed $41,400,000
shall be available for the United States share of the planning, design
and construction of a new North Atlantic Treaty Organization
headquarters.
Family Housing Construction, Army
For expenses of family housing for the Army for construction,
including acquisition, replacement, addition, expansion, extension, and
alteration, as authorized by law, $273,236,000, to remain available
until September 30, 2014: Provided, That the amounts made available
under this heading shall be expended for the projects and activities,
and in the amounts specified, under this heading in the Committee
recommendations and detail tables, including the table entitled
``Military Construction Projects Listing by Location'' in the report
accompanying this Act.
Family Housing Operation and Maintenance, Army
For expenses of family housing for the Army for operation and
maintenance, including debt payment, leasing, minor construction,
principal and interest charges, and insurance premiums, as authorized
by law, $523,418,000.
Family Housing Construction, Navy and Marine Corps
For expenses of family housing for the Navy and Marine Corps for
construction, including acquisition, replacement, addition, expansion,
extension, and alteration, as authorized by law, $146,569,000, to
remain available until September 30, 2014: Provided, That the amounts
made available under this heading shall be expended for the projects
and activities, and in the amounts specified, under this heading in the
Committee recommendations and detail tables, including the table
entitled ``Military Construction Projects Listing by Location'' in the
report accompanying this Act.
Family Housing Operation and Maintenance, Navy and Marine Corps
For expenses of family housing for the Navy and Marine Corps for
operation and maintenance, including debt payment, leasing, minor
construction, principal and interest charges, and insurance premiums,
as authorized by law, $368,540,000.
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, $66,101,000, to remain available
until September 30, 2014: Provided, That the amounts made available
under this heading shall be expended for the projects and activities,
and in the amounts specified, under this heading in the Committee
recommendations and detail tables, including the table entitled
``Military Construction Projects Listing by Location'' in the report
accompanying 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 construction,
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 amounts made
available under this heading shall be expended for the projects and
activities, and in the amounts specified, under this heading in the
Committee recommendations and detail tables, including the table
entitled ``Military Construction Projects Listing by Location'' in the
report accompanying 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), $373,225,000, to remain available until expended.
Chemical Demilitarization Construction, Defense-Wide
For expenses of construction, not otherwise provided for, necessary
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 authorized 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 amounts made available under this heading shall be
expended for the projects and activities, and in the amounts specified,
under this heading in the Committee recommendations and detail tables,
including the table entitled ``Military Construction Projects Listing
by Location'' in the report accompanying 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), $421,768,000, 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), $7,479,498,000, to
remain available 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
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.
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 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 notification
to the Committees on Appropriations 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 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 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 responsive and responsible bid of a foreign
contractor by greater than 20 percent: Provided furtherThat 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.
(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 department 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 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 Appropriations 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 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. 120. Subject to 30 days prior notification to the Committees
on Appropriations of both Houses of Congress, such additional amounts
as may be determined by the Secretary of Defense may be transferred to:
(1) the Department of Defense Family Housing Improvement Fund from
amounts appropriated for construction in ``Family Housing'' accounts,
to be merged with and to be available for the same purposes and for the
same period of time as amounts appropriated directly to the Fund; or
(2) the Department of Defense Military Unaccompanied Housing
Improvement Fund from amounts appropriated for construction of military
unaccompanied housing in ``Military Construction'' accounts, to be
merged with and to be available for the same purposes and for the same
period of time as amounts appropriated directly to the Fund: Provided,
That appropriations made available to the Funds shall be available to
cover the costs, as defined in section 502(5) of the Congressional
Budget Act of 1974, of direct loans or loan guarantees issued by the
Department of Defense pursuant to the provisions of subchapter IV of
chapter 169 of title 10, United States Code, pertaining to alternative
means of acquiring and improving military family housing, military
unaccompanied housing, and supporting facilities.
Sec. 121. (a) Not later than 60 days before issuing any
solicitation for a contract with the private sector for military family
housing the Secretary of the military department concerned shall submit
to the Committees on Appropriations of both Houses of Congress the
notice described in subsection (b).
(b)(1) A notice referred to in subsection (a) is a notice of any
guarantee (including the making of mortgage or rental payments)
proposed to be made by the Secretary to the private party under the
contract involved in the event of--
(A) the closure or realignment of the installation for
which housing is provided under the contract;
(B) a reduction in force of units stationed at such
installation; or
(C) the extended deployment overseas of units stationed at
such installation.
(2) Each notice under this subsection shall specify the nature of
the guarantee involved and assess the extent and likelihood, if any, of
the liability of the Federal Government with respect to the guarantee.
(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 Demonstration Cities and
Metropolitan Development Act of 1966 (42 U.S.C. 3374) to pay for
expenses associated with the Homeowners Assistance Program incurred
under 42 U.S.C. 3374(a)(1)(A). Any amounts transferred 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. 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
general or flag officer quarters without 30 days prior notification 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
Secretary of Defense (Comptroller) is to report annually to the
Committees on Appropriations of both Houses of Congress all operation
and maintenance expenditures for each individual general or flag
officer quarters for the prior fiscal year.
Sec. 124. Amounts contained in the Ford Island Improvement Account
established by subsection (h) of section 2814 of title 10, United
States Code, are appropriated and shall be available until expended for
the purposes 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 construction which remain
available for obligation, may be obligated or expended to carry out a
military construction, land acquisition, or family housing project at
or for a military installation approved for closure, or at a military
installation 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
military 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 installation, 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
cancelling such project, or if the project is at an active component
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
limitation from any military construction project, land acquisition, 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 national security or the
protection of health, safety, or environmental quality: Provided, That
the Secretary of Defense 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 appropriations 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 obligations incurred
during the period of availability of such appropriations, unobligated
balances of such appropriations may be transferred into the
appropriation ``Foreign Currency 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 transferred.
Sec. 127. Amounts appropriated or otherwise made available in an
account funded under the headings in this title may be transferred
among projects and activities within that account in accordance with
the reprogramming guidelines for military construction and family
housing construction contained in the report accompanying this Act, and
in the guidance for military construction reprogrammings and
notifications contained in Department of Defense Financial Management
Regulation 7000.14-R, Volume 3, Chapter 7, of December 1996, as in
effect on the date of enactment of this Act.
Sec. 128. (a) During each of fiscal years 2010 through 2014, the
Secretary of Defense shall submit to the congressional defense
committees a report analyzing alternative designs for any major
construction projects requested in that fiscal year related to the
security of strategic nuclear weapons facilities.
(b) The report shall examine, with regard to each alternative--
(1) the costs, including full life cycle costs; and
(2) the benefits, including security enhancements.
Sec. 129. Not later than each of April 15, 2010, July 15, 2010, and
October 15, 2010, the Secretary of Defense shall submit to the
congressional defense committees a consolidated report from each of the
military departments and Defense agencies identifying, by project and
dollar amount, bid savings resulting from cost and scope variations
pursuant to section 2853 of title 10, United States Code, exceeding 25
percent of the appropriated amount for military construction projects
funded by this Act, the Supplemental Appropriations Act, 2009 (Public
Law 111-32), and the Military Construction and Veterans Affairs
Appropriations Act, 2009 (division E of Public Law 110-329), including
projects funded through the regular military construction accounts, the
Department of Defense Base Closure Account 2005, and the overseas
contingency operations military construction accounts.
Sec. 130. (a) Of the funds appropriated or otherwise made available
by this title under the heading ``Department of Defense Base Closure
Account, 2005'', $450,000 shall be available for the Secretary of
Defense to enter into an arrangement with the National Academy of
Sciences to conduct a study through the Transportation Research Board
of Federal funding of transportation improvements to accommodate
installation growth associated with the 2005 Defense Base Closure and
Realignment (BRAC) program.
(b) The study conducted pursuant to subsection (a) shall--
(1) examine case studies of congestion caused on
metropolitan road and transit facilities when BRAC requirements
cause shifts in personnel to occur faster than facilities can
be improved through the usual State and local processes;
(2) review the criteria used by the Defense Access Roads
(DAR) program for determining the eligibility of transportation
projects and the appropriate Department of Defense share of
public highway and transit improvements in BRAC cases;
(3) assess the adequacy of current Federal surface
transportation and Department of Defense programs that fund
highway and transit improvements in BRAC cases to mitigate
transportation impacts in urban areas with preexisting traffic
congestion and saturated roads;
(4) identify promising approaches for funding road and
transit improvements and streamlining transportation project
approvals in BRAC cases; and
(5) provide recommendations for modifications of current
policy for the DAR and Office of Economic Adjustment programs,
including funding strategies, road capacity assessments,
eligibility criteria, and other government policies and
programs the National Academy of Sciences may identify, to
mitigate the impact of BRAC-related installation growth on
preexisting urban congestion.
(c) The Secretary of Defense shall enter into an arrangement with
the National Academy of Sciences to provide the study conducted
pursuant to subsection (a) by not later than 45 days after the date of
the enactment of the Act.
(d)(1) Not later than May 15, 2010, the National Academy of
Sciences shall provide an interim report of its findings to the
Secretary of Defense and the Committees on Armed Services and
Appropriations of the Senate and the House of Representatives.
(2) Not later than January 31, 2011, the National Academy of
Sciences shall provide a final report of its findings to the Secretary
of Defense and the Committees on Armed Services and Appropriations of
the Senate and the House of Representatives.
Sec. 131. (a)(1) The amount appropriated or otherwise made
available by this title under the heading ``Military Construction, Air
Force'' is hereby increased by $37,500,000.
(2) Of the amount appropriated or otherwise made available by this
title under the heading ``Military Construction, Air Force'', as
increased by paragraph (1), $37,500,000 shall be available for
construction of an Unmanned Aerial System Field Training Complex at
Holloman Air Force Base, New Mexico.
(b) Of the amount appropriated or otherwise made available by title
I of the Military Construction and Veterans Affairs Appropriations Act,
2009 (division E of Public Law 110-329; 122 Stat. 3692) under the
heading ``Military Construction, Air Force'' and available for the
purpose of Unmanned Aerial System Field Training facilities
construction, $38,500,000 is hereby rescinded.
Sec. 132. (a)(1) The amount appropriated or otherwise made
available by this title under the heading ``Military Construction,
Defense-Wide'' is hereby increased by $68,500,000, with the amount of
such increase to remain available until September 30, 2014.
(2) Of the amount appropriated or otherwise made available by this
title under the heading ``Military Construction, Defense-Wide'', as
increased by paragraph (1), $68,500,000 shall be available for the
construction of an Aegis Ashore Test Facility at the Pacific Missile
Range Facility, Hawaii.
(b) Of the amount appropriated or otherwise made available by title
I of the Military Construction and Veterans Affairs Appropriations Act,
2009 (division E of Public Law 110-329; 122 Stat. 3692) under the
heading ``Military Construction, Defense-Wide'' and available for the
purpose of European Ballistic Missile Defense program construction,
$69,500,000 is hereby rescinded.
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 examinations 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 Entitlement Program
for Survivors, emergency and other officers' retirement pay, adjusted-
service credits and certificates, payment of premiums due on commercial
life insurance 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 sections 107, 1312, 1977, and 2106,
and chapters 23, 51, 53, 55, and 61 of title 38, United States Code,
$47,218,207,000, to remain available until expended: Provided, That not
to exceed $29,283,000 of the amount appropriated under this heading
shall be reimbursed to ``General operating expenses'', ``Medical
support and compliance'', and ``Information technology systems'' for
necessary 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 ``Compensation and pensions''
appropriation: Provided further, That such sums as may be earned on an
actual qualifying patient basis, shall be reimbursed to ``Medical care
collections 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 chapters 21, 30, 31, 33, 34, 35,
36, 39, 51, 53, 55, and 61 of title 38, United States Code,
$8,663,624,000, to remain available until expended: Provided, That
expenses for rehabilitation 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 subsection, shall be charged to this account.
veterans insurance and indemnities
For military and naval insurance, national service life insurance,
servicemen's indemnities, service-disabled veterans insurance, and
veterans mortgage life insurance as authorized by title 38, United
States Code, chapters 19 and 21, $49,288,000, to remain available until
expended.
veterans housing benefit program fund
For the cost of direct and guaranteed loans, such sums as may be
necessary to carry out the program, as authorized by subchapters I
through III of chapter 37 of title 38, United States Code: Provided,
That such costs, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That during fiscal year 2010, within the resources
available, not to exceed $500,000 in gross obligations for direct loans
are authorized for specially adapted housing loans.
In addition, for administrative expenses to carry out the direct
and guaranteed loan programs, $165,082,000.
vocational rehabilitation loans program account
(including transfer of funds)
For the cost of direct loans, $29,000, as authorized by chapter 31
of title 38, United States Code: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That funds made
available under this heading are available to subsidize gross
obligations for the principal amount of direct loans not to exceed
$2,298,000.
In addition, for administrative expenses necessary to carry out the
direct loan program, $328,000, which may be paid to the appropriation
for ``General operating expenses''.
native american veteran housing loan program account
For administrative expenses to carry out the direct loan program
authorized by subchapter V of chapter 37 of title 38, United States
Code, $664,000.
guaranteed transitional housing loans for homeless veterans program
account
For the administrative expenses to carry out the guaranteed
transitional housing loan program authorized by subchapter VI of
chapter 20 of title 38, United States Code, not to exceed $750,000 of
the amounts appropriated by this Act for ``General operating expenses''
and ``Medical support and compliance'' may be expended.
Veterans Health Administration
medical services
(including transfer of funds)
For necessary expenses for furnishing, as authorized by law,
inpatient and outpatient care and treatment to beneficiaries of the
Department of Veterans Affairs and 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 salaries
and expenses of healthcare employees hired under title 38, United
States Code, and aid to State homes as authorized by section 1741 of
title 38, United States Code; $34,704,500,000, plus reimbursements:
Provided, That of the funds made available under this heading, not to
exceed $1,600,000,000 shall be available until September 30, 2011:
Provided further, That, notwithstanding any other provision of law, the
Secretary of Veterans Affairs shall establish a priority for the
provision of medical treatment for veterans who have service-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 veterans with privately written prescriptions based on
requirements established by the Secretary: Provided further, That the
implementation of the program described in the previous proviso shall
incur no additional cost to the Department of Veterans Affairs:
Provided further, That for the Department of Defense/Department of
Veterans Affairs Health Care Sharing Incentive Fund, as authorized by
section 8111(d) of title 38, United States Code, a minimum 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; administrative expenses in support of
capital policy activities; and administrative and legal expenses of the
Department for collecting and recovering amounts owed the Department as
authorized under chapter 17 of title 38, United States Code, and the
Federal Medical Care Recovery Act (42 U.S.C. 2651 et seq.);
$5,100,000,000, plus reimbursements, of which $250,000,000 shall be
available until September 30, 2011.
medical facilities
For necessary expenses for the maintenance and operation of
hospitals, nursing homes, and domiciliary facilities and other
necessary facilities of the Veterans Health Administration; for
administrative expenses in support of planning, design, project
management, real property acquisition 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, altering,
improving, or providing facilities in the several hospitals and homes
under the jurisdiction of the Department, not otherwise provided for,
either by contract or by the hire of temporary employees and purchase
of materials; for leases of facilities; and for laundry services,
$4,849,883,000, plus reimbursements, of which $250,000,000 shall be
available until September 30, 2011: Provided, That $100,000,000 for
non-recurring maintenance 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 authorized by chapter 73 of
title 38, United States Code, $580,000,000, plus reimbursements, to
remain available until September 30, 2011.
National Cemetery Administration
For necessary expenses of the National Cemetery Administration for
operations and maintenance, not otherwise provided for, including
uniforms or allowances therefor; cemeterial expenses as authorized by
law; purchase of one passenger motor vehicle for use in cemeterial
operations; hire of passenger motor vehicles; and repair, alteration or
improvement of facilities under the jurisdiction of the National
Cemetery Administration, $250,000,000, of which not to exceed
$24,200,000 shall be available until September 30, 2011.
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, uniforms, or allowances therefor; not to exceed $25,000 for
official reception and representation expenses; hire of passenger motor
vehicles; and reimbursement of the General Services Administration for
security guard services, and the Department of Defense for the cost of
overseas employee mail, $2,086,251,000: 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 determines are necessary to enable
entitled veterans: (1) to the maximum extent feasible, to become
employable and to obtain and maintain suitable employment; or (2) to
achieve maximum independence in daily living, shall be charged to this
account: Provided further, That the Veterans Benefits Administration
shall be funded at not less than $1,689,207,000: Provided further, That
of the funds made available under this heading, not to exceed
$111,000,000 shall be available for obligation until September 30,
2011: 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 developmental information systems
and operational information systems; for pay and associated costs; and
for the capital asset acquisition of information technology systems,
including management and related contractual costs of said
acquisitions, including contractual costs associated with operations
authorized by section 3109 of title 5, United States Code,
$3,307,000,000, plus reimbursements, to be available until September
30, 2011: Provided, That not later than 30 days after the date of the
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 sets forth, by project, the Operations
and Maintenance and Salaries and Expenses costs to be carried out
utilizing amounts made available by this heading: Provided further,
That of the amounts appropriated, $800,485,000 may not be obligated or
expended until the Secretary of Veterans Affairs or the Chief
Information Officer of the Department of Veterans Affairs submits to
the Committees on Appropriations of both Houses of Congress a
certification of the amounts, in parts or in full, to be obligated and
expended for each development project: Provided further, That amounts
specified in the certification with respect to development projects
under the preceding proviso shall be incorporated into the
reprogramming base letter with respect to development projects funded
using amounts appropriated by this heading.
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.), $109,000,000, of which
$6,000,000 shall be available until September 30, 2011.
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
planning, architectural and engineering services, construction
management services, maintenance or guarantee period services costs
associated with equipment guarantees provided 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, $1,194,000,000, to
remain available until expended, of which $16,000,000 shall be to make
reimbursements 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 activities, including needs
assessments which may or may not lead to capital investments, and other
capital asset management related activities, including portfolio
development 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 Administration
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 2010, for
each approved project shall be obligated: (1) by the awarding of a
construction documents contract by September 30, 2010; and (2) by the
awarding of a construction contract by September 30, 2011: 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.
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 provided 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,
$685,000,000, to remain available 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 facilities under the
jurisdiction or for the use of the Department 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.
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 remodel, 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, $115,000,000, to remain
available until expended.
grants for construction of state veterans cemeteries
For grants to assist States in establishing, expanding, or
improving State veterans cemeteries as authorized by section 2408 of
title 38, United States Code, $42,000,000, to remain available until
expended.
Administrative Provisions
(including transfer of funds)
Sec. 201. Any appropriation for fiscal year 2010 for
``Compensation and pensions'', ``Readjustment benefits'', and
``Veterans insurance and indemnities'' may be transferred as necessary
to any other of the mentioned appropriations: 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 the Department of Veterans
Affairs for fiscal year 2010, in this Act or any other Act, under the
``Medical services'', ``Medical support and compliance'' and ``Medical
facilities'' accounts may be transferred between the accounts to the
extent necessary to implement the restructuring of the Veterans Health
Administration accounts: Provided, That any transfers between the
``Medical services'' and ``Medical support and compliance'' accounts of
1 percent or less of the total amount appropriated to the account in
this or any other Act may take place subject to notification from the
Secretary of Veterans Affairs to the Committees on Appropriations of
both Houses of Congress of the amount and purpose of the transfer:
Provided further, That any transfers between the ``Medical services''
and ``Medical support and compliance'' accounts in excess of 1 percent,
or exceeding the cumulative 1 percent for the fiscal year, may take
place only after the Secretary requests from the Committees on
Appropriations of both Houses of Congress the authority to make the
transfer and an approval is issued: Provided further, That any transfer
to or from the ``Medical facilities'' account may take place only after
the Secretary requests from the Committees 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 authorized 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
authorized 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 examination under the laws
providing such benefits to veterans, and persons receiving such
treatment under sections 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 reimbursement of the
cost of such hospitalization or examination 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 available for payment
of prior year accrued obligations required to be recorded by law
against the corresponding prior year accounts within the last quarter
of fiscal year 2009.
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 2010, the Secretary of Veterans Affairs shall, from the
National Service Life Insurance Fund (38 U.S.C. 1920), the Veterans'
Special Life Insurance Fund (38 U.S.C. 1923), and the United States
Government Life Insurance Fund (38 U.S.C. 1955), reimburse the
``General operating expenses'' and ``Information technology systems''
accounts for the cost of administration of the insurance programs
financed through those accounts: Provided, That reimbursement shall be
made only from the surplus earnings accumulated in such an insurance
program during fiscal year 2010 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 earnings 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 administration for
fiscal year 2010 which is properly allocable 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 incurred by that account during a
prior fiscal year for providing enhanced-use lease services, may be
obligated during 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 Management of the Department of Veterans Affairs
and the Office of Employment Discrimination Complaint Adjudication
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 Resolution Management and $3,278,000 for
the Office of Employment 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 the ``General operating expenses'' and
``Information technology systems'' accounts 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 $1,000,000 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-service-connected disability described in section
1729(a)(2) of such title, unless that person has disclosed to the
Secretary 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: Provided, That the Secretary
may recover, in the same manner as any other debt due the United
States, the reasonable charges for such care or services from any
person who does not make such disclosure as required: Provided further,
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 received.
(including transfer of funds)
Sec. 213. Notwithstanding any other provision of law, 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 improvements 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, supplies, 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: Provided, That, for
fiscal year 2010, $200,000,000 deposited in the Department of Veterans
Affairs Medical Care Collections Fund shall be transferred to ``Medical
Facilities'', to remain available until expended, for non-recurring
maintenance at existing Veterans Health Administration medical
facilities: Provided further, That the allocation of amounts
transferred to ``Medical Facilities'' under the preceding proviso shall
not be subject to the Veterans Equitable Resource Allocation formula.
Sec. 216. The Secretary of Veterans Affairs may enter into
agreements with Community Health Centers in rural Alaska, Indian tribes
and tribal organizations which are party to the Alaska Native Health
Compact with the Indian Health Service, and Indian tribes and tribal
organizations serving rural Alaska which have entered into contracts
with the Indian Health Service under the Indian Self Determination and
Educational Assistance Act, to provide healthcare, including behavioral
health and dental care. The Secretary shall require participating
veterans and facilities to comply with all appropriate rules and
regulations, as established by the Secretary. The term ``rural Alaska''
shall mean those lands sited within the external boundaries of the
Alaska Native regions specified in sections 7(a)(1)-(4) and (7)-(12) of
the Alaska Native Claims Settlement Act, as amended (43 U.S.C. 1606),
and those lands within the Alaska Native regions specified in sections
7(a)(5) and 7(a)(6) of the Alaska Native Claims Settlement Act, as
amended (43 U.S.C. 1606), which are not within the boundaries of the
Municipality of Anchorage, the Fairbanks North Star Borough, the Kenai
Peninsula Borough or the Matanuska Susitna Borough.
(including transfer of funds)
Sec. 217. Such sums as may be deposited to the Department of
Veterans Affairs Capital Asset Fund pursuant to section 8118 of title
38, United States Code, may be transferred to the ``Construction, major
projects'' and ``Construction, minor projects'' accounts, to remain
available until expended for the purposes of these accounts.
Sec. 218. 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 veterans within their respective Networks.
Sec. 219. 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. 220. Amounts made available under the ``Medical services'',
``Medical support and compliance'', ``Medical facilities'', ``General
operating expenses'', and ``National Cemetery Administration'' accounts
for fiscal year 2010, 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 transfer and an approval is issued.
Sec. 221. Amounts made available for the ``Information technology
systems'' account may be transferred between projects: Provided, That
no project may be increased or decreased by more than $1,000,000 of
cost prior to submitting a request to the Committees on Appropriations
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. 222. Any balances in prior year accounts established for the
payment of benefits under the Reinstated Entitlement Program for
Survivors shall be transferred to and merged with amounts available
under the ``Compensation and pensions'' account, and 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 pensions'' account.
Sec. 223. The Department shall continue research into Gulf War
illness at levels not less than those made available in fiscal year
2009, within available funds contained in this Act.
Sec. 224. (a) Upon a determination by the Secretary of Veterans
Affairs that such action is in the national interest, and will have a
direct benefit for veterans through increased access to treatment, the
Secretary of Veterans Affairs may transfer not more than $5,000,000 to
the Secretary of Health and Human Services for the Graduate Psychology
Education Program, which includes treatment of veterans, to support
increased training of psychologists skilled in the treatment of post-
traumatic stress disorder, traumatic brain injury, and related
disorders.
(b) The Secretary of Health and Human Services may only use funds
transferred under this section for the purposes described in subsection
(a).
(c) The Secretary of Veterans Affairs shall notify Congress of any
such transfer of funds under this section.
Sec. 225. None of the funds appropriated or otherwise made
available by this Act or any other Act for the Department of Veterans
Affairs may be used in a manner that is inconsistent with--
(1) section 842 of the Transportation, Treasury, Housing
and Urban Development, the Judiciary, and Independent Agencies
Appropriations Act, 2006 (Public Law 109-115; 119 Stat. 2506);
or
(2) section 8110(a)(5) of title 38, United States Code.
Sec. 226. Of the amounts made available to the Department of
Veterans Affairs for fiscal year 2010, in this Act or any other Act,
under the ``Medical Facilities'' account for non-recurring maintenance,
not more than 20 percent of the funds made available shall be obligated
during the last 2 months of the fiscal year: Provided, That the
Secretary may waive this requirement after providing written notice to
the Committees on Appropriations of both Houses of Congress.
Sec. 227. Section 1925(d)(3) of title 38, United States Code, is
amended by striking ``appropriation `General Operating Expenses,
Department of Veterans Affairs''', and inserting ``appropriations for
`General Operating Expenses and Information Technology Systems,
Department of Veterans Affairs'''.
Sec. 228. Section 1922(a) of title 38, United States Code, is
amended by striking ``(5) administrative costs to the Government for
the costs of'', and inserting ``(5) administrative support performed by
General Operating Expenses and Information Technology Systems,
Department of Veterans Affairs, for''.
Sec. 229. (a) Additional Amount for State Veterans Cemeteries.--The
amount appropriated by this title under the heading ``grants for
construction of state veterans cemeteries'' is hereby increased by
$4,000,000.
(b) Offset.--The amount appropriated or otherwise made available by
this title under the heading ``general operating expenses'' is hereby
decreased by $4,000,000.
Sec. 230. (a)(1)(A) Of the amount made available by this title for
the Veterans Health Administration under the heading ``medical
services'', $1,500,000 shall be available to allow the Secretary of
Veterans Affairs to offer incentives to qualified health care providers
working in underserved rural areas designated by the Veterans Health
Administration, in addition to amounts otherwise available for other
pay and incentives.
(B) Health care providers shall be eligible for incentives pursuant
to this paragraph only for the period of time that they serve in
designated areas.
(2)(A) Of the amount made available by this title for the Veterans
Health Administration under the heading ``medical support and
compliance'', $1,500,000 shall be available to allow the Secretary of
Veterans Affairs to offer incentives to qualified health care
administrators working in underserved rural areas designated by the
Veterans Health Administration, in addition to amounts otherwise
available for other pay and incentives.
(B) Health care administrators shall be eligible for incentives
pursuant to this paragraph only for the period of time that they serve
in designated areas.
(b) Not later than March 31, 2010, the Secretary of Veterans
Affairs shall submit to the Committees on Veterans' Affairs and
Appropriations of the Senate and the House of Representatives a report
detailing the number of new employees receiving incentives under the
pilot program established pursuant to this section, describing the
potential for retaining those employees, and explaining the structure
of the program.
Sec. 231. (a) Naming of Health Care Center.--Effective October 1,
2010, the North Chicago Veterans Affairs Medical Center located in Lake
County, Illinois, shall be known and designated as the ``Captain James
A. Lovell Federal Health Care Center''.
(b) References.--Any reference to the medical center referred to in
subsection (a) in any law, regulation, map, document, record, or other
paper of the United States shall be considered to be a reference to the
Captain James A. Lovell Federal Health Care Center.
Sec. 232. Section 315(b) of title 38, United States Code, is
amended by striking ``December 31, 2009'' and inserting ``December 31,
2010''.
Sec. 233. Of the amount appropriated or otherwise made available by
this title under the heading ``medical services'', $150,000,000 may be
available for the grant program under section 2011 of title 38, United
States Code, and per diem payments under section 2012 of such title.
Sec. 234. Of the amounts appropriated or otherwise made available
by this title for the Department of Veterans Affairs, up to $5,000,000
may be available for the study required by section 1077 of the National
Defense Authorization Act for Fiscal Year 2010.
Sec. 235. (a) Campus Outreach and Services for Mental Health and
Neurological Conditions.--Of the amounts appropriated or otherwise made
available by this title, $5,000,000 may be available to conduct
outreach to and provide services at institutions of higher education to
ensure that veterans enrolled in programs of education at such
institutions have information on and access to care and services for
neurological and psychological issues.
(b) Supplement Not Supplant.--The amount described in subsection
(a) for the purposes described in such subsection is in addition to
amounts otherwise appropriated or made available for readjustment
counseling and related mental health services.
Sec. 236. In administering section 51.210(d) of title 38, Code of
Federal Regulations, the Secretary of Veterans Affairs may permit a
State home to provide services to, in addition to non-veterans
described in such section, a non-veteran any of whose children died
while serving in the Armed Forces, as long as such services are not
denied to a qualified veteran seeking such services.
Sec. 237. (a) Designation of Robley Rex Department of Veterans
Affairs Medical Center.--The Department of Veterans Affairs Medical
Center in Louisville, Kentucky, and any successor to such medical
center, shall after the date of the enactment of this Act be known and
designated as the ``Robley Rex Department of Veterans Affairs Medical
Center''.
(b) References.--Any reference in any law, regulation, map,
document, record, or other paper of the United States to the medical
center referred to in subsection (a) shall be considered to be a
reference to the Robley Rex Department of Veterans Affairs Medical
Center.
Sec. 238. (a) Additional Amount for Homeless Veterans Comprehensive
Service Programs and Housing Assistance and Supportive Services.--The
amount appropriated by this title under the heading ``medical
services'' under the heading ``Veterans Health Administration'' is
increased by $750,000, with the amount of the increase to be available
for the following:
(1) The grant program under section 2011 of title 38,
United States Code.
(2) Per diem payments under section 2012 of such title.
(3) Housing assistance and supportive services under
subchapter V of chapter 20 of such title.
(b) Offset.--The amount appropriated or otherwise made available by
this title under the heading ``general operating expenses'' under the
heading ``Departmental Administration'' is decreased by $750,000.
Sec. 239. (a) Modification on Restriction of Alienation of Certain
Real Property in Gulfport, Mississippi.--Section 2703(b) of the
Emergency Supplemental Appropriations Act for Defense, the Global War
on Terror, and Hurricane Recovery, 2006 (Public Law 109-234; 120 Stat.
469), as amended by section 231 of the Military Construction and
Veterans Affairs and Related Agencies Appropriations Act, 2009
(division E of Public Law 110-329; 122 Stat. 3713), is further amended
by inserting after ``the City of Gulfport'' the following: ``, or its
urban renewal agency,''.
(b) Memorialization of Modification.--The Secretary of Veterans
Affairs shall take appropriate actions to modify the quitclaim deeds
executed to effectuate the conveyance authorized by section 2703 of the
Emergency Supplemental Appropriations Act for Defense, the Global War
on Terror, and Hurricane Recovery, 2006 in order to accurately reflect
and memorialize the amendment made by subsection (a).
Sec. 240. (a)(1) The amount appropriated or otherwise made
available by this title under the heading ``construction, minor
projects'' is hereby increased by $50,000,000.
(2) Of the amount appropriated or otherwise made available by this
title under the heading ``construction, minor projects'', as increased
by paragraph (1), $50,000,000 shall be available for renovation of
Department of Veterans Affairs buildings for the purpose of converting
unused structures into housing with supportive services for homeless
veterans.
(b) The amount appropriated or otherwise made available by title I
under the heading ``Homeowners Assistance Fund'' is hereby reduced by
$50,000,000.
Sec. 241. Of the amounts appropriated or otherwise made available
by this title, the Secretary shall award $5,000,000 in competitively-
awarded grants to State and local government entities or their
designees with a demonstrated record of serving veterans to conduct
outreach to ensure that veterans in under-served areas receive the care
and benefits for which they are eligible.
Sec. 242. (a) Study on Capacity of Department of Veterans Affairs
To Address Combat Stress in Women Veterans.--The Inspector General of
the Department of Veterans Affairs shall carry out a study to assess
the capacity of the Department of Veterans Affairs to address combat
stress in women veterans.
(b) Elements.--In carrying out the study required by subsection
(a), the Inspector General shall consider the following:
(1) Whether women veterans are properly evaluated by the
Department for post-traumatic stress disorder (PTSD), military-
related sexual trauma, traumatic brain injury (TBI), and other
combat-related conditions.
(2) Whether women veterans with combat stress are being
properly adjudicated as service-connected disabled by the
Department for purposes of veterans disability benefits for
combat stress.
(3) Whether the Veterans Benefits Administration has
developed and disseminated to personnel who adjudicate
disability claims reference materials that thoroughly and
effectively address the management of claims of women veterans
involving military-related sexual trauma.
(4) The feasibility and advisability of requiring training
and testing on military-related sexual trauma matters as part
of a certification of Veterans Benefits Administration
personnel who adjudicate disability claims involving post-
traumatic stress disorder.
(5) Such other matters as the Inspector General considers
appropriate.
(c) Reports.--
(1) Interim report.--Not later than 180 days after the date
of the enactment of this Act, the Inspector General shall
submit to the Secretary of Veterans Affairs, and to the
appropriate committees of Congress, a report setting forth the
plan of the Inspector General for the study required by
subsection (a), together with such interim findings as the
Inspector General has made as of the date of the report as a
result of the study.
(2) Final report.--Not later than one year after the date
of the enactment of this Act, the Inspector General shall
submit to the Secretary, and Congress, then the Secretary shall
make recommendations for legislative or administrative action.
(3) Appropriate committees of congress defined.--In this
subsection, the term ``appropriate committees of Congress''
means--
(A) the Committees on Appropriations and Veterans'
Affairs of the Senate; and
(B) the Committees on Appropriations and Veterans'
Affairs of the House of Representatives.
Sec. 243. (a) Study on Improvements to Information Technology
Infrastructure Needed To Furnish Health Care Services to Veterans Using
Telehealth Platforms.--The Secretary of Veterans Affairs shall carry
out a study to identify the improvements to the infrastructure of the
Department of Veterans Affairs that are required to furnish health care
services to veterans using telehealth platforms.
(b) Availability of Funds.--The amounts appropriated or otherwise
made available by this title under the headings ``Departmental
Administration'' and ``information technology systems'' shall be
available to the Secretary of Veterans Affairs to carry out the study
required by subsection (a).
Sec. 244. Of the amounts appropriated or otherwise made available
by this title under the headings ``Veterans Health Administration'' and
``medical services'', $1,000,000 may be available for education debt
reduction under subchapter VII of chapter 76 of title 38, United States
Code, for mental health care professionals who agree to employment at
the Department of Veterans Affairs.
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 countries; 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, $63,549,000, to remain available until expended.
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 expended, 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, $27,115,000, of which $1,820,000
shall be available for the purpose of providing financial assistance as
described, and in accordance with the process and reporting procedures
set forth, under this heading in Public Law 102-229.
Department of Defense--Civil
Cemeterial Expenses, Army
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 National Cemetery, including the purchase of two
passenger motor vehicles for replacement only, and not to exceed $1,000
for official reception and representation expenses, $37,200,000, to
remain available until expended. In addition, such sums as may be
necessary for parking maintenance, repairs and replacement, to be
derived from the Lease of Department of Defense Real Property for
Defense 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 Cemetery making additional land available for
ground burials.
Armed Forces Retirement Home
trust fund
For expenses necessary for the Armed Forces Retirement Home to
operate and maintain the Armed Forces Retirement Home--Washington,
District of Columbia, and the Armed Forces Retirement Home--Gulfport,
Mississippi, to be paid from funds available in the Armed Forces
Retirement Home Trust Fund, $134,000,000, of which $72,000,000 shall
remain available until expended for construction and renovation of the
physical plants at the Armed Forces Retirement Home--Washington,
District of Columbia, and the Armed Forces Retirement Home--Gulfport,
Mississippi.
TITLE IV
OVERSEAS CONTINGENCIES OPERATIONS
MILITARY CONSTRUCTION
Military Construction, Army
For an additional amount for ``Military Construction, Army'',
$924,484,000, to remain available until September 30, 2012: Provided,
That notwithstanding any other provision of law, such funds may be
obligated and expended to carry out planning and design and military
construction projects not otherwise authorized by law.
Military Construction, Air Force
For an additional amount for ``Military Construction, Air Force'',
$474,500,000, to remain available until September 30, 2012: Provided,
That notwithstanding any other provision of law, such funds may be
obligated and expended to carry out planning and design and military
construction projects not otherwise authorized by law.
Administrative Provision
Sec. 401. (a)(1) The amount appropriated or otherwise made
available by this title under the heading ``Military Construction,
Army'' and available for a dining hall project at Forward Operating
Base Dwyer is hereby increased by $4,400,000.
(2) The amount appropriated or otherwise made available by this
title under the heading ``Military Construction, Army'' and available
for a dining hall project at Forward Operating Base Maywand is hereby
reduced by $4,400,000.
(b)(1) The amount appropriated or otherwise made available by this
title under the heading ``Military Construction, Army'' and available
for a dining hall project at Forward Operating Base Wolverine is hereby
increased by $2,150,000.
(2) The amount appropriated or otherwise made available by this
title under the heading ``Military Construction, Army'' and available
for a dining hall project at Forward Operating Base Tarin Kowt is
hereby reduced by $2,150,000.
Sec. 402. Amounts appropriated or otherwise made available by this
title are designated as being for overseas deployments and other
activities pursuant to sections 401(c)(4) and 423(a)(1) of S. Con. Res.
13 (111th Congress), the concurrent resolution on the budget for fiscal
year 2010.
TITLE V
DEPARTMENT OF VETERANS AFFAIRS
Veterans Health Administration
medical services
For necessary expenses for furnishing, as authorized by law,
inpatient and outpatient care and treatment to beneficiaries of the
Department of Veterans Affairs and 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 salaries
and expenses of healthcare employees hired under title 38, United
States Code, and aid to State homes as authorized by section 1741 of
title 38, United States Code; $37,136,000,000, plus reimbursements,
which shall become available on October 1, 2010, and shall remain
available through September 30, 2011: Provided, That, notwithstanding
any other provision of law, the Secretary of Veterans Affairs shall
establish a priority for the provision of medical treatment for
veterans who have service-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 veterans with
privately written prescriptions based on requirements established by
the Secretary: Provided further, That the implementation of the program
described in the previous proviso shall incur no additional cost to the
Department of Veterans Affairs: Provided further, That for the
Department of Defense/Department of Veterans Affairs Health Care
Sharing Incentive Fund, as authorized by section 8111(d) of title 38,
United States Code, a minimum 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; administrative expenses in support of
capital policy activities; and administrative and legal expenses of the
Department for collecting and recovering amounts owed the Department as
authorized under chapter 17 of title 38, United States Code, and the
Federal Medical Care Recovery Act (42 U.S.C. 2651 et seq.);
$5,307,000,000, plus reimbursements, which shall become available on
October 1, 2010, and shall remain available through September 30, 2011.
medical facilities
For necessary expenses for the maintenance and operation of
hospitals, nursing homes, and domiciliary facilities and other
necessary facilities of the Veterans Health Administration; for
administrative expenses in support of planning, design, project
management, real property acquisition 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, altering,
improving, or providing facilities in the several hospitals and homes
under the jurisdiction of the Department, not otherwise provided for,
either by contract or by the hire of temporary employees and purchase
of materials; for leases of facilities; and for laundry services,
$5,740,000,000, plus reimbursements, which shall become available on
October 1, 2010, and shall remain available through September 30, 2011.
TITLE VI
GENERAL PROVISIONS
Sec. 601. 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. 602. Such sums as may be necessary for fiscal year 2010 for
pay raises for programs funded by this Act shall be absorbed within the
levels appropriated in this Act.
Sec. 603. 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. 604. 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, pamphlet, booklet, publication, radio, television, or film
presentation designed to support or defeat legislation pending before
Congress, except in presentation to Congress itself.
Sec. 605. 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 conduct of their business practices and public
service activities.
Sec. 606. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government except pursuant to a transfer made by, or transfer
authority provided in, this or any other appropriations Act.
Sec. 607. Unless stated otherwise, all reports and notifications
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 Senate.
Sec. 608. (a) Notwithstanding any other provision of this Act and
except as provided in subsection (b), any report required to be
submitted by a Federal agency or department to the Committee on
Appropriations of either the Senate or the House of Representatives in
this Act shall be posted on the public website of that agency upon
receipt by the committee.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains proprietary information.
Sec. 609. None of the funds made available under this Act may be
distributed to the Association of Community Organizations for Reform
Now (ACORN) or its subsidiaries.
This Act may be cited as the ``Military Construction and Veterans
Affairs and Related Agencies Appropriations Act, 2010''.
Attest:
Secretary.
111th CONGRESS
1st Session
H.R. 3082
_______________________________________________________________________
AMENDMENT