[Congressional Record (Bound Edition), Volume 155 (2009), Part 20]
[Senate]
[Pages 26890-26899]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2726. Mr. DeMINT submitted an amendment intended to be proposed by 
him to the bill H.R. 2847, making appropriations for the Departments of 
Commerce and Justice, and Science, and Related Agencies for the fiscal 
year ending September 30, 2010, and for other purposes; which was 
ordered to lie ont he table; as follows:

       At the appropriate place, insert the following:
       Sec. __. None of the funds appropriated or otherwise made 
     available by this Act may be used to support, prepare for, or 
     otherwise facilitate the transfer to or the detention in any 
     State or territory of the United States any individual who 
     has detained as of October 1, 2009, at Naval Station, 
     Guatanamo Bay, Cuba.
                                 ______
                                 
  SA 2727. Mr. SHELBY submitted an amendment intended to be proposed by 
him to the bill H.R. 2847, making appropriations for the Departments of 
Commerce and Justice, and Science, and Related Agencies for the fiscal 
year ending September 30, 2010, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 170 at the end of line 19 insert the following:
       Sec. XXX. At the discretion of the Attorney General, funds 
     appropriated under the heading ``Methamphetamine enforcement 
     and cleanup'' under funding for the Department of Justice in 
     the Commerce, Justice, Science, and Related Agencies 
     Appropriations Act, 2009 (Public Law 108-11) to the Blount, 
     Dekalb, Etowah, Marshall, Marion, Morgan, Pickens, Walker 
     Counties, Alabama Drug Task Forces for the Anti-
     Methamphetamine Project may be available to the Etowah County 
     Drug Enforcement Unit for the Dekalb, Etowah, Marshall, 
     Marion, Morgan, Pickens, Walker Counties, Alabama Drug Task 
     Forces and the Blount County Sheriffs Department.
                                 ______
                                 
  SA 2728. Mr. REID submitted an amendment intended to be proposed to 
amendment SA 2393 proposed by Mr. Johanns to the bill H.R. 2847, making 
appropriations for the Departments of Commerce and Justice, and 
Science, and Related Agencies for the fiscal year ending September 30, 
2010, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end of the amendment, add the following:
       The provisions of the amendment shall become effective one 
     day after enactment.
                                 ______
                                 
  SA 2729. Mr. FEINGOLD submitted an amendment intended to be proposed 
by him to the bill H.R. 3082, 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; 
which was ordered to lie on the table; as follows:

       On page 27, between lines 3 and 4, insert the following:
       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 anticipated major construction 
     projects 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.
                                 ______
                                 
  SA 2730. Mr. JOHNSON (for himself and Mrs. Hutchison) proposed an 
amendment to the bill H.R. 3082, making appropriations for military 
construction, the Department of Veterans Affairs, and related agencies 
for the fiscal year ending September 3, 2010, and for other purposes; 
as follows:

       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: 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

[[Page 26891]]

     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

[[Page 26892]]

     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 
     further, That this section shall not apply to contract awards 
     for military construction on Kwajalein Atoll for which the 
     lowest responsive and responsible bid is submitted by a 
     Marshallese contractor.
       Sec. 113.  The Secretary of Defense is to inform the 
     appropriate committees of both Houses of Congress, including 
     the Committees on Appropriations, of the plans and scope of 
     any proposed military exercise involving United States 
     personnel 30 days prior to its occurring, if amounts expended 
     for construction, either temporary or permanent, are 
     anticipated to exceed $100,000.
       Sec. 114.  Not more than 20 percent of the funds made 
     available in this title which are limited for obligation 
     during the current fiscal year shall be obligated during the 
     last two months of the fiscal year.

                     (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

[[Page 26893]]

     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.

                                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.

[[Page 26894]]



                   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.

[[Page 26895]]



                      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

[[Page 26896]]

     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''.

                               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

[[Page 26897]]

     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.

                                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.
  This Act may be cited as the ``Military Construction and Veterans 
Affairs and Related Agencies Appropriations Act, 2010''.
                                 ______
                                 
  SA 2731. Mr. BINGAMAN (for himself and Mr. Udall of New Mexico) 
submitted an amendment intended to be proposed to amendment SA 2730 
proposed by Mr. Johnson (for himself and Mrs. Hutchison) to the bill 
H.R. 3082, making appropriations for military

[[Page 26898]]

construction, the Department of Veterans Affairs, and related agencies 
for the fiscal year ending September 30, 2010, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 27, between lines 3 and 4, insert the following:
       Sec. 128. (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, $37,500,000 is 
     hereby rescinded.
                                 ______
                                 
  SA 2732. Mr. JOHNSON (for himself and Mrs. Hutchison) proposed an 
amendment to amendment SA 2730 proposed by Mr. Johnson (for himself and 
Mrs. Hutchison) to the bill H.R. 3082, 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; as follows:

       On page 56, between lines 9 and 10, insert the following:
       Sec. 401.  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.
                                 ______
                                 
  SA 2733. Mr. JOHNSON submitted an amendment intended to be proposed 
to amendment SA 2730 proposed by Mr. Johnson (for himself and Mrs. 
Hutchison) to the bill H.R. 3082, 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; 
which was ordered to lie on the table; as follows:

       On page 52, after line 21, add the following:
       Sec. 229. (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.
                                 ______
                                 
  SA 2734. Mr. JOHNSON submitted an amendment intended to be proposed 
to amendment SA 2730 proposed by Mr. Johnson (for himself and Mrs. 
Hutchison) to the bill H.R. 3082, 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; 
which was ordered to lie on the table; as follows:

       On page 27, between lines 3 and 4, insert the following:
       Sec. 128.  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.
                                 ______
                                 
  SA 2735. Mr. INOUYE (for himself, Mr. Cochran, and Mr. Johnson) 
submitted an amendment intended to be proposed to amendment SA 2730 
proposed by Mr. Johnson (for himself and Mrs. Hutchison) to the bill 
H.R. 3082, 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; which was 
ordered to lie on the table; as follows:

       On page 27, between lines 3 and 4, insert the following:
       Sec. 128. (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. 
     Notwithstanding any other provision of law, such funds may be 
     obligated and expended to carry out planning and design and 
     construction not otherwise authorized by law.
       (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, $68,500,000 
     is hereby rescinded.
                                 ______
                                 
  SA 2736. Mr. AKAKA (for himself and Mr. Voinovich) proposed an 
amendment to the bill S. 806, to provide for the establishment, 
administration, and funding of Federal Executive Boards, and for other 
purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Federal Executive Board 
     Authorization Act of 2009''.

     SEC. 2. FEDERAL EXECUTIVE BOARDS.

       (a) In General.--Chapter 11 of title 5, United States Code, 
     is amended by adding at the end the following:

     ``Sec. 1106. Federal Executive Boards

       ``(a) Purposes.--The purposes of this section are to--
       ``(1) strengthen the coordination of Government activities;
       ``(2) facilitate interagency collaboration to improve the 
     efficiency and effectiveness of Federal programs;
       ``(3) facilitate communication and collaboration on Federal 
     emergency preparedness and continuity of operations for the 
     Federal workforce in applicable geographic areas; and
       ``(4) provide stable funding for Federal Executive Boards.
       ``(b) Definitions.--In this section:
       ``(1) Agency.--The term `agency'--
       ``(A) means an Executive agency as defined under section 
     105; and
       ``(B) shall not include the Government Accountability 
     Office.
       ``(2) Director.--The term `Director' means the Director of 
     the Office of Personnel Management.
       ``(3) Federal executive board.--The term `Federal Executive 
     Board' means an interagency entity established by the 
     Director, in consultation with the headquarters of 
     appropriate agencies, in a geographic area with a high 
     concentration of Federal employees outside the Washington, 
     DC. metropolitan area to strengthen the management and 
     administration of agency activities and coordination among 
     local Federal officers to implement national initiatives in 
     that geographic area.
       ``(c) Establishment.--
       ``(1) In general.--The Director shall establish Federal 
     Executive Boards in geographic areas outside the Washington, 
     D.C. metropolitan area. Before establishing Federal Executive 
     Boards that are not in existence on the date of enactment of 
     this section, the Director shall consult with the 
     headquarters of appropriate agencies to determine the number 
     and location of the Federal Executive Boards.
       ``(2) Membership.--Each Federal Executive Board for a 
     geographic area shall consist of an appropriate senior 
     officer for each agency in that geographic area. The 
     appropriate senior officer may designate, by title of office, 
     an alternate representative who shall attend meetings and 
     otherwise represent the agency on the Federal Executive Board 
     in the absence of the appropriate senior officer. An 
     alternate representative shall be a senior officer in the 
     agency.
       ``(3) Location of federal executive boards.--In determining 
     the location for the establishment of Federal Executive 
     Boards, the Director shall consider--
       ``(A) whether a Federal Executive Board exists in a 
     geographic area on the date of enactment of this section;
       ``(B) whether a geographic area has a strong, viable, and 
     active Federal Executive Association;
       ``(C) whether the Federal Executive Association of a 
     geographic area petitions the Director to become a Federal 
     Executive Board; and
       ``(D) such other factors as the Director and the 
     headquarters of appropriate agencies consider relevant.
       ``(d) Administration and Oversight.--

[[Page 26899]]

       ``(1) In general.--The Director shall provide for the 
     administration and oversight of Federal Executive Boards, 
     including--
       ``(A) establishing staffing policies in consultation with 
     the headquarters of agencies participating in Federal 
     Executive Boards;
       ``(B) designating an agency to staff each Federal Executive 
     Board based on recommendations from that Federal Executive 
     Board;
       ``(C) establishing communications policies for the 
     dissemination of information to agencies;
       ``(D) in consultation with the headquarters of appropriate 
     agencies, establishing performance standards for the Federal 
     Executive Board staff;
       ``(E) developing accountability initiatives to ensure 
     Federal Executive Boards are meeting performance standards; 
     and
       ``(F) administering Federal Executive Board funding through 
     the fund established in subsection (f).
       ``(2) Staffing.--In making designations under paragraph 
     (1)(B), the Director shall give preference to agencies 
     staffing Federal Executive Boards.
       ``(e) Governance and Activities.--
       ``(1) In general.--Each Federal Executive Board shall--
       ``(A) subject to the approval of the Director, adopt by-
     laws or other rules for the internal governance of the 
     Federal Executive Board;
       ``(B) elect a Chairperson from among the members of the 
     Federal Executive Board, who shall serve for a set term;
       ``(C) serve as an instrument of outreach for the national 
     headquarters of agencies relating to agency activities in the 
     geographic area;
       ``(D) provide a forum for the exchange of information 
     relating to programs and management methods and problems--
       ``(i) between the national headquarters of agencies and the 
     field; and
       ``(ii) among field elements in the geographic area;
       ``(E) develop local coordinated approaches to the 
     development and operation of programs that have common 
     characteristics;
       ``(F) communicate management initiatives and other concerns 
     from Federal officers and employees in the Washington, D.C. 
     area to Federal officers and employees in the geographic area 
     to achieve better mutual understanding and support;
       ``(G) develop relationships with State and local 
     governments and nongovernmental organizations to help fulfill 
     the roles and responsibilities of that Board;
       ``(H) in coordination with appropriate agencies and 
     consistent with any relevant memoranda of understanding 
     between the Office of Personnel Management and such agencies, 
     facilitate communication, collaboration, and training to 
     prepare the Federal workforce for emergencies and continuity 
     of operations; and
       ``(I) take other actions as agreed to by the Federal 
     Executive Board and the Director.
       ``(2) Coordination of certain activities.--The facilitation 
     of communication, collaboration, and training described under 
     paragraph (1)(H) shall, when appropriate, be coordinated and 
     defined through memoranda of understanding entered into 
     between the Director and headquarters of appropriate 
     agencies.
       ``(f) Funding.--
       ``(1) Establishment of fund.--The Director shall establish 
     a fund within the Office of Personnel Management for 
     financing essential Federal Executive Board functions--
       ``(A) including basic staffing and operating expenses; and
       ``(B) excluding the costs of the Office of Personnel 
     Management relating to administrative and oversight 
     activities conducted under subsection (d).
       ``(2) Deposits.--There shall be deposited in the fund 
     established under paragraph (1) contributions from the 
     headquarters of each agency participating in Federal 
     Executive Boards, in an amount determined by a formula 
     established by the Director, in consultation with the 
     headquarters of such agencies and the Office of Management 
     and Budget.
       ``(3) Contributions.--
       ``(A) Formula.--The formula for contributions established 
     by the Director shall consider the number of employees in 
     each agency in all geographic areas served by Federal 
     Executive Boards. The contribution of the headquarters of 
     each agency to the fund shall be recalculated at least every 
     2 years.
       ``(B) In-kind contributions.--At the sole discretion of the 
     Director, the headquarters of an agency may provide in-kind 
     contributions instead of providing monetary contributions to 
     the fund.
       ``(4) Use of excess amounts.--Any unobligated and 
     unexpended balances in the fund which the Director determines 
     to be in excess of amounts needed for essential Federal 
     Executive Board functions shall be allocated by the Director, 
     in consultation with the headquarters of agencies 
     participating in Federal Executive Boards, among the Federal 
     Executive Boards for the activities under subsection (e) and 
     other priorities, such as conducting training.
       ``(5) Administrative and oversight costs.--The Office of 
     Personnel Management shall pay for costs relating to 
     administrative and oversight activities conducted under 
     subsection (d) from appropriations made available to the 
     Office of Personnel Management.
       ``(g) Reports.--The Director shall submit annual reports to 
     Congress and agencies on Federal Executive Board program 
     outcomes and budget matters.
       ``(h) Regulations.--The Director shall prescribe 
     regulations necessary to carry out this section.''.
       (b) Report.--Not later than 60 days after the date of 
     enactment of this Act, the Director of the Office of 
     Personnel Management shall submit a report to the Committee 
     on Homeland Security and Governmental Affairs of the Senate 
     and the Committee on Oversight and Government Reform of the 
     House of Representatives that includes--
       (1) a description of essential Federal Executive Board 
     functions;
       (2) details of basic staffing requirements for each Federal 
     Executive Board;
       (3) estimates of basic staffing and operating expenses for 
     each Federal Executive Board; and
       (4) a comparison of basic staffing and operating expenses 
     for Federal Executive Boards operating before the date of 
     enactment of this Act and such expenses for Federal Executive 
     Boards after the implementation of this Act.
       (c) Technical and Conforming Amendments.--The table of 
     sections for chapter 11 of title 5, United States Code, is 
     amended by inserting after the item relating to section 1105 
     the following:

``1106. Federal Executive Boards.''.

                          ____________________