In the nature of a substitute.

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 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

[[Page S11225]]

expended for the projects and activities, and in the amounts
specified, under this heading in the Committee
recommendations and detail tables, including the table
entitled ``Military Construction Projects Listing by
Location'' in the report accompanying this Act.

North Atlantic Treaty Organization Security Investment Program

For the United States share of the cost of the North
Atlantic Treaty Organization Security Investment Program for
the acquisition and construction of military facilities and
installations (including international military headquarters)
and for related expenses for the collective defense of the
North Atlantic Treaty Area as authorized by section 2806 of
title 10, United States Code, and Military Construction
Authorization Acts, $276,314,000, to remain available until
expended: Provided, That of the amount appropriated, not to
exceed $41,400,000 shall be available for the United States
share of the planning, design and construction of a new North
Atlantic Treaty Organization headquarters.

Family Housing Construction, Army

For expenses of family housing for the Army for
construction, including acquisition, replacement, addition,
expansion, extension, and alteration, as authorized by law,
$273,236,000, to remain available until September 30, 2014:
Provided, That the amounts made available under this heading
shall be expended for the projects and activities, and in the
amounts specified, under this heading in the Committee
recommendations and detail tables, including the table
entitled ``Military Construction Projects Listing by
Location'' in the report accompanying this Act.

Family Housing Operation and Maintenance, Army

For expenses of family housing for the Army for operation
and maintenance, including debt payment, leasing, minor
construction, principal and interest charges, and insurance
premiums, as authorized by law, $523,418,000.

Family Housing Construction, Navy and Marine Corps

For expenses of family housing for the Navy and Marine
Corps for construction, including acquisition, replacement,
addition, expansion, extension, and alteration, as authorized
by law, $146,569,000, to remain available until September 30,
2014: Provided, That the amounts made available under this
heading shall be expended for the projects and activities,
and in the amounts specified, under this heading in the
Committee recommendations and detail tables, including the
table entitled ``Military Construction Projects Listing by
Location'' in the report accompanying this Act.

Family Housing Operation and Maintenance, Navy and Marine Corps

For expenses of family housing for the Navy and Marine
Corps for operation and maintenance, including debt payment,
leasing, minor construction, principal and interest charges,
and insurance premiums, as authorized by law, $368,540,000.

Family Housing Construction, Air Force

For expenses of family housing for the Air Force for
construction, including acquisition, replacement, addition,
expansion, extension, and alteration, as authorized by law,
$66,101,000, to remain available until September 30, 2014:
Provided, That the amounts made available under this heading
shall be expended for the projects and activities, and in the
amounts specified, under this heading in the Committee
recommendations and detail tables, including the table
entitled ``Military Construction Projects Listing by
Location'' in the report accompanying this Act.

Family Housing Operation and Maintenance, Air Force

For expenses of family housing for the Air Force for
operation and maintenance, including debt payment, leasing,
minor construction, principal and interest charges, and
insurance premiums, as authorized by law, $502,936,000.

Family Housing Construction, Defense-Wide

For expenses of family housing for the activities and
agencies of the Department of Defense (other than the
military departments) for construction, including
acquisition, replacement, addition, expansion, extension and
alteration, as authorized by law, $2,859,000, to remain
available until September 30, 2014: Provided, That the
amounts made available under this heading shall be expended
for the projects and activities, and in the amounts
specified, under this heading in the Committee
recommendations and detail tables, including the table
entitled ``Military Construction Projects Listing by
Location'' in the report accompanying this Act.

Family Housing Operation and Maintenance, Defense-Wide

For expenses of family housing for the activities and
agencies of the Department of Defense (other than the
military departments) for operation and maintenance, leasing,
and minor construction, as authorized by law, $49,214,000.

Department of Defense Family Housing Improvement Fund

For the Department of Defense Family Housing Improvement
Fund, $2,600,000, to remain available until expended, for
family housing initiatives undertaken pursuant to section
2883 of title 10, United States Code, providing alternative
means of acquiring and improving military family housing and
supporting facilities.

Homeowners Assistance Fund

For the Homeowners Assistance Fund established by section
1013 of the Demonstration Cities and Metropolitan Development
Act of 1966 (42 U.S.C. 3374), as amended by section 1001 of
division A of the American Recovery and Reinvestment Act of
2009 (Public Law 111-5; 123 Stat. 194), $373,225,000, to
remain available until expended.

Chemical Demilitarization Construction, Defense-Wide

For expenses of construction, not otherwise provided for,
necessary for the destruction of the United States stockpile
of lethal chemical agents and munitions in accordance with
section 1412 of the Department of Defense Authorization Act,
1986 (50 U.S.C. 1521), and for the destruction of other
chemical warfare materials that are not in the chemical
weapon stockpile, as currently authorized by law,
$151,541,000, to remain available until September 30, 2014,
which shall be only for the Assembled Chemical Weapons
Alternatives program: Provided, That the amounts made
available under this heading shall be expended for the
projects and activities, and in the amounts specified, under
this heading in the Committee recommendations and detail
tables, including the table entitled ``Military Construction
Projects Listing by Location'' in the report accompanying
this Act.

Department of Defense Base Closure Account 1990

For deposit into the Department of Defense Base Closure
Account 1990, established by section 2906(a)(1) of the
Defense Base Closure and Realignment Act of 1990 (10 U.S.C.
2687 note), $421,768,000, to remain available until expended.

Department of Defense Base Closure Account 2005

For deposit into the Department of Defense Base Closure
Account 2005, established by section 2906A(a)(1) of the
Defense Base Closure and Realignment Act of 1990 (10 U.S.C.
2687 note), $7,479,498,000, to remain available until
expended: Provided, That the Department of Defense shall
notify the Committees on Appropriations of both Houses of
Congress 14 days prior to obligating an amount for a
construction project that exceeds or reduces the amount
identified for that project in the most recently submitted
budget request for this account by 20 percent or $2,000,000,
whichever is less: Provided further, That the previous
proviso shall not apply to projects costing less than
$5,000,000, except for those projects not previously
identified in any budget submission for this account and
exceeding the minor construction threshold under 10 U.S.C.
2805.

Administrative Provisions

Sec. 101.  None of the funds made available in this title
shall be expended for payments under a cost-plus-a-fixed-fee
contract for construction, where cost estimates exceed
$25,000, to be performed within the United States, except
Alaska, without the specific approval in writing of the
Secretary of Defense setting forth the reasons therefor.
Sec. 102.  Funds made available in this title for
construction shall be available for hire of passenger motor
vehicles.
Sec. 103.  Funds made available in this title for
construction may be used for advances to the Federal Highway
Administration, Department of Transportation, for the
construction of access roads as authorized by section 210 of
title 23, United States Code, when projects authorized
therein are certified as important to the national defense by
the Secretary of Defense.
Sec. 104.  None of the funds made available in this title
may be used to begin construction of new bases in the United
States for which specific appropriations have not been made.
Sec. 105.  None of the funds made available in this title
shall be used for purchase of land or land easements in
excess of 100 percent of the value as determined by the Army
Corps of Engineers or the Naval Facilities Engineering
Command, except: (1) where there is a determination of value
by a Federal court; (2) purchases negotiated by the Attorney
General or the designee of the Attorney General; (3) where
the estimated value is less than $25,000; or (4) as otherwise
determined by the Secretary of Defense to be in the public
interest.
Sec. 106.  None of the funds made available in this title
shall be used to: (1) acquire land; (2) provide for site
preparation; or (3) install utilities for any family housing,
except housing for which funds have been made available in
annual Acts making appropriations for military construction.
Sec. 107.  None of the funds made available in this title
for minor construction may be used to transfer or relocate
any activity from one base or installation to another,
without prior notification to the Committees on
Appropriations of both Houses of Congress.
Sec. 108.  None of the funds made available in this title
may be used for the procurement of steel for any construction
project or activity for which American steel producers,
fabricators, and manufacturers have been denied the
opportunity to compete for such steel procurement.

[[Page S11226]]

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 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

[[Page S11227]]

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.

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

[[Page S11228]]

which $250,000,000 shall be available until September 30,
2011: Provided, That $100,000,000 for non-recurring
maintenance provided under this heading shall be allocated in
a manner not subject to the Veterans Equitable Resource
Allocation.

medical and prosthetic research

For necessary expenses in carrying out programs of medical
and prosthetic research and development as authorized by
chapter 73 of title 38, United States Code, $580,000,000,
plus reimbursements, to remain available until September 30,
2011.

National Cemetery Administration

For necessary expenses of the National Cemetery
Administration for operations and maintenance, not otherwise
provided for, including uniforms or allowances therefor;
cemeterial expenses as authorized by law; purchase of one
passenger motor vehicle for use in cemeterial operations;
hire of passenger motor vehicles; and repair, alteration or
improvement of facilities under the jurisdiction of the
National Cemetery Administration, $250,000,000, of which not
to exceed $24,200,000 shall be available until September 30,
2011.

Departmental Administration

general operating expenses

For necessary operating expenses of the Department of
Veterans Affairs, not otherwise provided for, including
administrative expenses in support of Department-Wide capital
planning, management and policy activities, uniforms, or
allowances therefor; not to exceed $25,000 for official
reception and representation expenses; hire of passenger
motor vehicles; and reimbursement of the General Services
Administration for security guard services, and the
Department of Defense for the cost of overseas employee mail,
$2,086,251,000: Provided, That expenses for services and
assistance authorized under paragraphs (1), (2), (5), and
(11) of section 3104(a) of title 38, United States Code, that
the Secretary of Veterans Affairs determines are necessary to
enable entitled veterans: (1) to the maximum extent feasible,
to become employable and to obtain and maintain suitable
employment; or (2) to achieve maximum independence in daily
living, shall be charged to this account: Provided further,
That the Veterans Benefits Administration shall be funded at
not less than $1,689,207,000: Provided further, That of the
funds made available under this heading, not to exceed
$111,000,000 shall be available for obligation until
September 30, 2011: Provided further, That from the funds
made available under this heading, the Veterans Benefits
Administration may purchase (on a one-for-one replacement
basis only) up to two passenger motor vehicles for use in
operations of that Administration in Manila, Philippines.

information technology systems

For necessary expenses for information technology systems
and telecommunications support, including developmental
information systems and operational information systems; for
pay and associated costs; and for the capital asset
acquisition of information technology systems, including
management and related contractual costs of said
acquisitions, including contractual costs associated with
operations authorized by section 3109 of title 5, United
States Code, $3,307,000,000, plus reimbursements, to be
available until September 30, 2011: Provided, That not later
than 30 days after the date of the enactment of this Act, the
Secretary of Veterans Affairs shall submit to the Committees
on Appropriations of both Houses of Congress a reprogramming
base letter which sets forth, by project, the Operations and
Maintenance and Salaries and Expenses costs to be carried out
utilizing amounts made available by this heading: Provided
further, That of the amounts appropriated, $800,485,000 may
not be obligated or expended until the Secretary of Veterans
Affairs or the Chief Information Officer of the Department of
Veterans Affairs submits to the Committees on Appropriations
of both Houses of Congress a certification of the amounts, in
parts or in full, to be obligated and expended for each
development project: Provided further, That amounts specified
in the certification with respect to development projects
under the preceding proviso shall be incorporated into the
reprogramming base letter with respect to development
projects funded using amounts appropriated by this heading.

office of inspector general

For necessary expenses of the Office of Inspector General,
to include information technology, in carrying out the
provisions of the Inspector General Act of 1978 (5 U.S.C.
App.), $109,000,000, of which $6,000,000 shall be available
until September 30, 2011.

construction, major projects

For constructing, altering, extending, and improving any of
the facilities, including parking projects, under the
jurisdiction or for the use of the Department of Veterans
Affairs, or for any of the purposes set forth in sections
316, 2404, 2406, 8102, 8103, 8106, 8108, 8109, 8110, and 8122
of title 38, United States Code, including planning,
architectural and engineering services, construction
management services, maintenance or guarantee period services
costs associated with equipment guarantees provided under the
project, services of claims analysts, offsite utility and
storm drainage system construction costs, and site
acquisition, where the estimated cost of a project is more
than the amount set forth in section 8104(a)(3)(A) of title
38, United States Code, or where funds for a project were
made available in a previous major project appropriation,
$1,194,000,000, to remain available until expended, of which
$16,000,000 shall be to make reimbursements as provided in
section 13 of the Contract Disputes Act of 1978 (41 U.S.C.
612) for claims paid for contract disputes: Provided, That
except for advance planning activities, including needs
assessments which may or may not lead to capital investments,
and other capital asset management related activities,
including portfolio development and management activities,
and investment strategy studies funded through the advance
planning fund and the planning and design activities funded
through the design fund, including needs assessments which
may or may not lead to capital investments, and funds
provided for the purchase of land for the National Cemetery
Administration through the land acquisition line item, none
of the funds appropriated under this heading shall be used
for any project which has not been approved by the Congress
in the budgetary process: Provided further, That funds
provided in this appropriation for fiscal year 2010, for each
approved project shall be obligated: (1) by the awarding of a
construction documents contract by September 30, 2010; and
(2) by the awarding of a construction contract by September
30, 2011: Provided further, That the Secretary of Veterans
Affairs shall promptly submit to the Committees on
Appropriations of both Houses of Congress a written report on
any approved major construction project for which obligations
are not incurred within the time limitations established
above.

construction, minor projects

For constructing, altering, extending, and improving any of
the facilities, including parking projects, under the
jurisdiction or for the use of the Department of Veterans
Affairs, including planning and assessments of needs which
may lead to capital investments, architectural and
engineering services, maintenance or guarantee period
services costs associated with equipment guarantees provided
under the project, services of claims analysts, offsite
utility and storm drainage system construction costs, and
site acquisition, or for any of the purposes set forth in
sections 316, 2404, 2406, 8102, 8103, 8106, 8108, 8109, 8110,
8122, and 8162 of title 38, United States Code, where the
estimated cost of a project is equal to or less than the
amount set forth in section 8104(a)(3)(A) of title 38, United
States Code, $685,000,000, to remain available until
expended, along with unobligated balances of previous
``Construction, minor projects'' appropriations which are
hereby made available for any project where the estimated
cost is equal to or less than the amount set forth in such
section: Provided, That funds in this account shall be
available for: (1) repairs to any of the nonmedical
facilities under the jurisdiction or for the use of the
Department which are necessary because of loss or damage
caused by any natural disaster or catastrophe; and (2)
temporary measures necessary to prevent or to minimize
further loss by such causes.

grants for construction of state extended care facilities

For grants to assist States to acquire or construct State
nursing home and domiciliary facilities and to remodel,
modify, or alter existing hospital, nursing home, and
domiciliary facilities in State homes, for furnishing care to
veterans as authorized by sections 8131 through 8137 of title
38, United States Code, $115,000,000, to remain available
until expended.

grants for construction of state veterans cemeteries

For grants to assist States in establishing, expanding, or
improving State veterans cemeteries as authorized by section
2408 of title 38, United States Code, $42,000,000, to remain
available until expended.

Administrative Provisions

(including transfer of funds)

Sec. 201.  Any appropriation for fiscal year 2010 for
``Compensation and pensions'', ``Readjustment benefits'', and
``Veterans insurance and indemnities'' may be transferred as
necessary to any other of the mentioned appropriations:
Provided, That before a transfer may take place, the
Secretary of Veterans Affairs shall request from the
Committees on Appropriations of both Houses of Congress the
authority to make the transfer and such Committees issue an
approval, or absent a response, a period of 30 days has
elapsed.

(including transfer of funds)

Sec. 202.  Amounts made available for the Department of
Veterans Affairs for fiscal year 2010, in this Act or any
other Act, under the ``Medical services'', ``Medical support
and compliance'' and ``Medical facilities'' accounts may be
transferred between the accounts to the extent necessary to
implement the restructuring of the Veterans Health
Administration accounts: Provided, That any transfers between
the ``Medical services'' and ``Medical support and
compliance'' accounts of 1 percent or less of the total
amount appropriated to the account in this or any other Act
may take place subject to notification from the Secretary of
Veterans Affairs to the Committees on Appropriations of both
Houses of Congress of the amount and purpose of the transfer:
Provided further, That any transfers between the ``Medical
services'' and ``Medical support and compliance'' accounts in
excess of 1 percent, or exceeding the cumulative 1 percent
for the fiscal year,

[[Page S11229]]

may take place only after the Secretary requests from the
Committees on Appropriations of both Houses of Congress the
authority to make the transfer and an approval is issued:
Provided further, That any transfer to or from the ``Medical
facilities'' account may take place only after the Secretary
requests from the Committees on Appropriations of both Houses
of Congress the authority to make the transfer and an
approval is issued.
Sec. 203.  Appropriations available in this title for
salaries and expenses shall be available for services
authorized by section 3109 of title 5, United States Code,
hire of passenger motor vehicles; lease of a facility or land
or both; and uniforms or allowances therefore, as authorized
by sections 5901 through 5902 of title 5, United States Code.
Sec. 204.  No appropriations in this title (except the
appropriations for ``Construction, major projects'', and
``Construction, minor projects'') shall be available for the
purchase of any site for or toward the construction of any
new hospital or home.
Sec. 205.  No appropriations in this title shall be
available for hospitalization or examination of any persons
(except beneficiaries entitled to such hospitalization or
examination under the laws providing such benefits to
veterans, and persons receiving such treatment under sections
7901 through 7904 of title 5, United States Code, or the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.)), unless reimbursement of the
cost of such hospitalization or examination is made to the
``Medical services'' account at such rates as may be fixed by
the Secretary of Veterans Affairs.
Sec. 206.  Appropriations available in this title for
``Compensation and pensions'', ``Readjustment benefits'', and
``Veterans insurance and indemnities'' shall be available for
payment of prior year accrued obligations required to be
recorded by law against the corresponding prior year accounts
within the last quarter of fiscal year 2009.
Sec. 207.  Appropriations available in this title shall be
available to pay prior year obligations of corresponding
prior year appropriations accounts resulting from sections
3328(a), 3334, and 3712(a) of title 31, United States Code,
except that if such obligations are from trust fund accounts
they shall be payable only from ``Compensation and
pensions''.

(including transfer of funds)

Sec. 208.  Notwithstanding any other provision of law,
during fiscal year 2010, the Secretary of Veterans Affairs
shall, from the National Service Life Insurance Fund (38
U.S.C. 1920), the Veterans' Special Life Insurance Fund (38
U.S.C. 1923), and the United States Government Life Insurance
Fund (38 U.S.C. 1955), reimburse the ``General operating
expenses'' and ``Information technology systems'' accounts
for the cost of administration of the insurance programs
financed through those accounts: Provided, That reimbursement
shall be made only from the surplus earnings accumulated in
such an insurance program during fiscal year 2010 that are
available for dividends in that program after claims have
been paid and actuarially determined reserves have been set
aside: Provided further, That if the cost of administration
of such an insurance program exceeds the amount of surplus
earnings accumulated in that program, reimbursement shall be
made only to the extent of such surplus earnings: Provided
further, That the Secretary shall determine the cost of
administration for fiscal year 2010 which is properly
allocable to the provision of each such insurance program and
to the provision of any total disability income insurance
included in that insurance program.
Sec. 209.  Amounts deducted from enhanced-use lease
proceeds to reimburse an account for expenses incurred by
that account during a prior fiscal year for providing
enhanced-use lease services, may be obligated during the
fiscal year in which the proceeds are received.

(including transfer of funds)

Sec. 210.  Funds available in this title or funds for
salaries and other administrative expenses shall also be
available to reimburse the Office of Resolution Management of
the Department of Veterans Affairs and the Office of
Employment Discrimination Complaint Adjudication under
section 319 of title 38, United States Code, for all services
provided at rates which will recover actual costs but not
exceed $34,158,000 for the Office of Resolution Management
and $3,278,000 for the Office of Employment and
Discrimination Complaint Adjudication: Provided, That
payments may be made in advance for services to be furnished
based on estimated costs: Provided further, That amounts
received shall be credited to the ``General operating
expenses'' and ``Information technology systems'' accounts
for use by the office that provided the service.
Sec. 211.  No appropriations in this title shall be
available to enter into any new lease of real property if the
estimated annual rental is more than $1,000,000 unless the
Secretary submits a report which the Committees on
Appropriations of both Houses of Congress approve within 30
days following the date on which the report is received.
Sec. 212.  No funds of the Department of Veterans Affairs
shall be available for hospital care, nursing home care, or
medical services provided to any person under chapter 17 of
title 38, United States Code, for a non-service-connected
disability described in section 1729(a)(2) of such title,
unless that person has disclosed to the Secretary of Veterans
Affairs, in such form as the Secretary may require, current,
accurate third-party reimbursement information for purposes
of section 1729 of such title: Provided, That the Secretary
may recover, in the same manner as any other debt due the
United States, the reasonable charges for such care or
services from any person who does not make such disclosure as
required: Provided further, That any amounts so recovered for
care or services provided in a prior fiscal year may be
obligated by the Secretary during the fiscal year in which
amounts are received.

(including transfer of funds)

Sec. 213.  Notwithstanding any other provision of law,
proceeds or revenues derived from enhanced-use leasing
activities (including disposal) may be deposited into the
``Construction, major projects'' and ``Construction, minor
projects'' accounts and be used for construction (including
site acquisition and disposition), alterations, and
improvements of any medical facility under the jurisdiction
or for the use of the Department of Veterans Affairs. Such
sums as realized are in addition to the amount provided for
in ``Construction, major projects'' and ``Construction, minor
projects''.
Sec. 214.  Amounts made available under ``Medical
services'' are available--
(1) for furnishing recreational facilities, supplies, and
equipment; and
(2) for funeral expenses, burial expenses, and other
expenses incidental to funerals and burials for beneficiaries
receiving care in the Department.

(including transfer of funds)

Sec. 215.  Such sums as may be deposited to the Medical
Care Collections Fund pursuant to section 1729A of title 38,
United States Code, may be transferred to ``Medical
services'', to remain available until expended for the
purposes of that account: Provided, That, for fiscal year
2010, $200,000,000 deposited in the Department of Veterans
Affairs Medical Care Collections Fund shall be transferred to
``Medical Facilities'', to remain available until expended,
for non-recurring maintenance at existing Veterans Health
Administration medical facilities: Provided further, That the
allocation of amounts transferred to ``Medical Facilities''
under the preceding proviso shall not be subject to the
Veterans Equitable Resource Allocation formula.
Sec. 216.  The Secretary of Veterans Affairs may enter into
agreements with Community Health Centers in rural Alaska,
Indian tribes and tribal organizations which are party to the
Alaska Native Health Compact with the Indian Health Service,
and Indian tribes and tribal organizations serving rural
Alaska which have entered into contracts with the Indian
Health Service under the Indian Self Determination and
Educational Assistance Act, to provide healthcare, including
behavioral health and dental care. The Secretary shall
require participating veterans and facilities to comply with
all appropriate rules and regulations, as established by the
Secretary. The term ``rural Alaska'' shall mean those lands
sited within the external boundaries of the Alaska Native
regions specified in sections 7(a)(1)-(4) and (7)-(12) of the
Alaska Native Claims Settlement Act, as amended (43 U.S.C.
1606), and those lands within the Alaska Native regions
specified in sections 7(a)(5) and 7(a)(6) of the Alaska
Native Claims Settlement Act, as amended (43 U.S.C. 1606),
which are not within the boundaries of the Municipality of
Anchorage, the Fairbanks North Star Borough, the Kenai
Peninsula Borough or the Matanuska Susitna Borough.

(including transfer of funds)

Sec. 217.  Such sums as may be deposited to the Department
of Veterans Affairs Capital Asset Fund pursuant to section
8118 of title 38, United States Code, may be transferred to
the ``Construction, major projects'' and ``Construction,
minor projects'' accounts, to remain available until expended
for the purposes of these accounts.
Sec. 218.  None of the funds made available in this title
may be used to implement any policy prohibiting the Directors
of the Veterans Integrated Services Networks from conducting
outreach or marketing to enroll new veterans within their
respective Networks.
Sec. 219.  The Secretary of Veterans Affairs shall submit
to the Committees on Appropriations of both Houses of
Congress a quarterly report on the financial status of the
Veterans Health Administration.

(including transfer of funds)

Sec. 220.  Amounts made available under the ``Medical
services'', ``Medical support and compliance'', ``Medical
facilities'', ``General operating expenses'', and ``National
Cemetery Administration'' accounts for fiscal year 2010, may
be transferred to or from the ``Information technology
systems'' account: Provided, That before a transfer may take
place, the Secretary of Veterans Affairs shall request from
the Committees on Appropriations of both Houses of Congress
the authority to make the transfer and an approval is issued.
Sec. 221.  Amounts made available for the ``Information
technology systems'' account may be transferred between
projects: Provided, That no project may be increased or
decreased by more than $1,000,000 of cost prior to submitting
a request to the Committees on Appropriations of both Houses
of Congress to make the transfer and an approval is issued,
or absent a response, a period of 30 days has elapsed.

[[Page S11230]]

(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 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

[[Page S11231]]

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''.
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