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 123STA T . 32 94PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 09 with,and t obe a v ai l able f o r the s a m e pu rposes and the same time period as that a c count .(INCLUD IN GTRA N SFE R O F FUNDS )S EC. 120 . Sub j ect to 3 0da y s prior notification, or 1 4 days for a notification provided in an electronic medium pursuant to sections 4 8 0 and 2883, of title 10, U nited States C ode, to the Committees on A ppropriations of both H ouses of Con g ress, such additional amounts as may be determined by the Secretary of D efense may be transferred to

1 ) the Department of Defense F amily Housing I mprovement 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 M ilitary Unaccompanied Housing Improve - ment 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: Provide d, T hat appropriations made available to the Funds shall be available to cover the costs, as defined in section 5 02(5) of the Congressional B udget Act of 1 97 4, of direct loans or loan guarantees issued by the Department of Defense pursuant to the provisions of subchapter I V of chapter 1 6 9 of title 10, United States Code, pertaining to alternative means of ac q uiring and improving military family housing, military unaccompanied housing, and sup- porting facilities. SEC. 121. (a) N ot later than 60 days before issuing any solicita- tion 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 ma k ing 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 installa- tion; or (C) the e x tended deployment overseas of units stationed at such installation. (2) E ach 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 G overnment 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 R ealignment 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 P rogram incurred under 42 U.S.C. Deadlin e .Co n tr a c t s. N otice. Deadlines. Noti f ications.


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 123STA T . 32 95PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 09 3 3 74(a) ( 1 )( A ) . A ny a mou n ts t r ans fe rre d s h a l l b e mer g ed wi th and bea v ailable for the same p urposes and for the same time period as the fund to whi c h transferred. SEC . 1 2 3. N otwithstanding any other provision of law , funds made available in this title for operation and maintenance of family housing shall be the e x clusive source of funds for repair and mainte - nance of all family housing units, including general or flag officer q uarters
 * Provide

d, T hat not more than $ 3 5, 0 00 per unit may be spent annually for the maintenance and repair of any general or flag officer quarters without 30 days prior notification, or 14 days for a notification provided in an electronic medium pursuant to sections 4 8 0 and 2883 of title 10, U nited States C ode, to the Committees on Appropriations of both H ouses 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 fu r th er, That the Under Sec- retary of D efense (Comptroller) is to report annually to the Commit- tees 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 F ord I sland 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. (IN C LUD IN GTRA N SF ER O F FUNDS ) SEC. 125. None of the funds made available in this title, or in any Act ma k ing 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 pro j ect 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 B ase Closure and R ealignment Act of1 9 90 (part A of title X XIX of P ublic L aw 101 – 510 10 U.S.C. 2 6 87 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 G overnment 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, Certif i ca ti on.R e p ort s . D ea dl ine. Deadlines. N otifications. 10US C 28 21 note.


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 123STA T . 32 96PUBLIC LA W 111 – 11 7—DE C. 16 , 2 0 09 orenvi ron m en talqu alit y:Provide d ,Th at the S e c retary o fD efen s e shall notify the con g ressional d efense committees w ithin seven days of a decision to carry out such a military construction p ro j ect .(INCLUD IN GTRA N SFE R O F FUNDS ) SEC. 126 . During the 5- year period after appropriations avail- a b le in this A ct to the Department of Defense for military construc- tion and family housing operation and maintenance and construc- tion have e x pired for obligation , upon a determination that such appropriations will not be necessary for the liquidation of obligations or for ma k ing authori z ed adjustments to such appropriations for obligations incurred during the period of availability of such appro- priations, unobligated balances of such appropriations may be trans- ferred into the appropriation ‘ ‘ F oreign C urrency Fluctuations, Construction, Defense ’ ’, to be merged with and to be available for the same time period and for the same purposes as the appro- priation to which transferred. SEC. 12 7 . N one of the funds appropriated or otherwise made available in this title may be used for any action that is related to or promotes the expansion of the boundaries or size of the P inon Canyon M aneuver Site, Colorado. SEC. 12 8 . Amounts appropriated or otherwise made available in an account funded under the headings in this title may be transferred among projects and activities within the account in accordance with the reprogramming guidelines for military construction and family housing construction contained in the explanatory statement of managers to accompany this Act and in the guidance for military construction reprogrammings and notifications contained in Department of Defense Financial Manage- ment R egulation 7 0 00.1 4– R, V olume 3, Chapter 7, of December 1 9 96, as in effect on the date of enactment of this Act. SEC. 129. O f the funds made available in this title, the following accounts are hereby reduced in the following amounts to reflect adjusted inflation and bid savings projections: ‘‘Military Construc- tion, Army’’, $ 230,000,000 ‘‘Military Construction, Navy and Marine Corps’’, $235,000,000; and ‘‘Military Construction, Air Force’’, $64,091,000. SEC. 130. Of the funds made available under the following headings in Public L aw 110–329, the following amounts associated with unobligated balances are hereby rescinded: ‘‘Military Construc- tion, Army’’, $33,000,000; ‘‘Military Construction, Navy and Marine Corps’’, $51,468,000; ‘‘Military Construction, Defense- W ide’’, $93,268,000; ‘‘Military Construction, Army National G uard’’, $33,000,000; and ‘‘Military Construction, Air National Guard’’, $7,000,000. Col o rad o .Timep eriod. D e t ermi n ation. N oti f i c ation. Deadline.


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 123STA T . 32 97PUBLIC LA W 111 – 117 —DE C.1 6, 2 0 09 TI T LE II D E PAR T M E N T OFV ETERAN S AFFAIRS V ET E RANSB ENE FI TSA DM INISTRATI O N C OM P ENSATION AND PENSIONS ( INC LU DIN G TRANSFER OF FUNDS ) F orthepaym e n to fc ompen s at i on b enefits to or on beha l fof v eterans an d a pilot pro g ram for disability e x aminations as a u thor - i z ed by section 107 and chapters 11 , 1 3 ,1 8, 5 1, 53, 55, and 6 1 of title 38, U nited States C ode 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, ad j usted-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 ( 50U . S.C. App. 5 4 1etse q . ) and for other benefits as authorized by sections 107, 131 2 ,1 9 77, and 2106, and chapters 23, 51, 53, 55, and 61 of title 38, United States Code, $ 47,396,106,000, to remain available until expended
 * Provide

d, That not to exceed $29,283,000 of the amount appropriated under this heading shall be reimbursed to ‘ ‘ G eneral operating expenses’’, ‘‘Medical support and compliance’’, and ‘‘Information technology systems’’ for nec- essary expenses in implementing the provisions of chapters 51, 53, and 55 of title 38, United States Code, the funding source for w hich is specifically provided as the ‘‘Compensation and pen- sions’’ appropriation: Provided fu r th er, 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 indi- vidual medical facilities for nursing home care provided to pen- sioners as authorized. READ J USTMENT B ENEFITS 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, $9,232,369,000, 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. V ETERANS INSURANCE AND INDEMNITIES For military and naval insurance, national service life insur- ance, 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.


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 123STA T . 32 98PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 09 VET E RANSHOU S I N GB ENE F IT P ROGRA M FUN DForthec o s to fdi rect an d gu aranteed l oans , such su m sas ma yb e necessary to carry out the p rogram, as authori z ed by sub - chapters I through III of chapter 37 of title 3 8, U nited S tates C ode
 * Provide

d, T hat such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional B udget A ct of 19 7 4
 * Provided

fu r th er, That during fiscal year 2010, w ithin the resources a v ailable, not to e x ceed $ 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, $1 6 5,082,000. VO C ATIONA L REHABILITATION LOANS PROGRAM ACCOUNT 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 ‘ ‘ G eneral operating expenses ’ ’. NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM ACCOUNT For administrative expenses to carry out the direct loan pro- gram 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 ‘‘ M edical support and compliance’’ may be expended. VETERANS H EALTH 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 D epartment of Veterans Affairs and veterans described in sec- tion 1705 ( a ) of title 38, United States Code, including care and treatment in facilities not under the j urisdiction of the Department, and including medical supplies and e q uipment, food services, and salaries and expenses of health care employees hired under title 38, United States Code, and aid to State homes as authorized by section 1741 of title 38, United States Code $71,843,500,000,


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 123STA T . 32 9 9 PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 09 plusreimb urseme nt s ,ofwh i c h $37, 1 3 6 , 0 00,000 sh a ll become a v ail - able on O ctober 1, 2 010, an d shall remain available until S eptember 30, 2011
 * Provide

d, T hat, of the amount made available under this headin g for fiscal y ear 2010, not to e x ceed $1,01 5 ,000,000 shall remain available until September 30, 2011: Provided fu r th er , That, notwithstanding any other provision of law, the Secretary of V eterans A ffairs shall establish a priority for the provision of medical treatment for veterans who have service-connected disabil- ities, lower income, or have special needs: Provided further, That, notwithstanding any other provision of law, the Secretary of Vet- erans 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 authori z e the dispensing of prescription drugs from Veterans H ealth Administration facilities to enrolled veterans with privately written prescriptions based on re q uirements established by the Secretary: Provided further, That the implementation of the program described in the previous proviso shall incur no additional cost to the D epartment of Veterans Affairs: Provided further, That for the Department of Defense / Department of Veterans Affairs Health C are Sharing I ncentive F und, as author- ized by section 8 111 ( d ) of title 38, U nited States Code, a minimum of $15,000,000 shall remain available until expended for any pur- pose authorized by section 8111 of title 38, United States Code .MEDICALSUP P ORT A N D 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 M edical Care R ecovery Act ( 4 2 U.S.C. 2651 et seq.); $10,237,000,000, plus reimbursements, of which $5,307,000,000 shall become available on October 1, 2010, and shall remain available until September 30, 2011: Provided, That, of the amount made available under this heading for fiscal year 2010, not to exceed $145,000,000 shall remain available until September 30, 2011. MEDICAL F ACILITIES For necessary expenses for the maintenance and operation of hospitals, nursing homes, and domiciliary facilities and other nec- essary facilities of the Veterans Health Administration; for adminis- trative expenses in support of planning, design, pro j ect manage- ment, 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 serv- ices, $10,5 9 9,000,000, plus reimbursements, of which $5,740,000,000 shall become available on October 1, 2010, and shall remain avail- able until September 30, 2011: Provided, That, of the amount made Drugsand drug a b us e.R e q u i re m en t s. P ri o rities. Priorities.


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 123STA T . 33 0 0 PUBLIC LA W 111 – 11 7—DE C.1 6, 200 9av a il a b l eund e rth i s headin gfo r fis c al y ear 201 0, nottoe x ceed $ 1 45 ,000,000 shall re m ain available until S e p tember 3 0, 2011
 * Pro-vide

d fu r th er ,T hat, of the amount available for fiscal year 2010, $130,000,000 for non - recurring maintenance shall be allocated in a manner not sub j ect to the V eterans Eq uitable R esource A llocation .MEDICAL A N D PROSTH ETIC RESEARCH F or necessary expenses in carrying out programs of medical and prosthetic research and development as authori z ed by chapter 7 3oftitle3 8, U nited States C ode, $581,000,000, plus reimburse- ments, shall remain available until September 30, 2011. N ATIONAL CEMETER Y ADMINISTRATION For necessary expenses of the National Cemetery Administra- tion for operations and maintenance, not other w ise 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 remain available until September 30, 2011. D EPARTMENTAL ADMINISTRATION G ENERAL OPERATING E X PENSES For necessary operating expenses of the Department of Vet- erans Affairs, not otherwise provided for, including administrative expenses in support of Department- W ide capital planning, manage- ment 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 G eneral Services Administration for security guard services, and the Depart- ment of Defense for the cost of overseas employee mail, $2,08 6 ,707,000: 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 max- imum independence in daily living, shall be charged to this account: Provided further, That the Veterans B enefits Administration shall be funded at not less than $1,68 9 ,207,000: Provided further, That of the funds made available under this heading, not to exceed $111,000,000 shall remain available until September 30, 2011: Pro- vided 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 M anila, P hilippines. IN F ORMATION TECHNOLOGY SYSTEMS For necessary expenses for information technology systems and telecommunications support, including developmental information Det e rmina ti o n .


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 123STA T . 33 0 1 PUBLIC LA W 111 – 11 7—DE C.1 6, 200 9sy s tem s andop e r at i ona l in f ormation systems for pay and asso c iated costs; and for t h e capital asset ac qu isition of information technolo g y systems , including management and related contractual costs of said acquisitions, including contractual costs associated w ith oper - ations authori z ed b y section 3109 of title 5, U nited S tates C ode, $ 3,30 7 ,000,000, plus reimbursements, shall remain a v ailable until September 30, 2 011
 * Provide

d, T hat none of the funds made avail- able under this heading may be obligated until the D epartment of V eterans A ffairs submits to the Committees on Appropriations of both H ouses of Congress, and such Committees approve, a plan for e x penditure that: ( 1 ) meets the capital planning and investment control review requirements established by the O ffice of M anage- ment and B udget; (2) complies with the Department of Veterans Affairs enterprise architecture; (3) conforms with an established enterprise life cycle methodology; and ( 4 ) complies with the acquisi- tion rules, requirements, guidelines, and systems acquisition management practices of the F ederal G overnment: Provided fu r th er, 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 re- programming base letter which sets forth, by pro j ect, the operations and maintenance costs, with salary expenses separately designated, and development costs to be carried out utilizing amounts made available under this heading: Provided further, That of the amounts made available under this heading, $ 8 00,485,000 may not be obli- gated or expended until the Secretary of Veterans Affairs or the Chief I nformation 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 .OF F ICE OFI NSP EC T O RG ENER AL 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 remain available until September 30, 2011. CONSTR U CTION, M A J OR PROJECTS For constructing, altering, extending, and improving any of the facilities, including par k ing 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 reimburse- ments as provided in section 13 of the Contract Disputes Act of 1978 (41 U.S.C. 612) for claims paid for contract disputes: Provided, Certif i ca ti on.D ea dl ine. Subm i s sion. Exp enditure plan.


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 123STA T . 33 0 2 PUBLIC LA W 111 – 11 7—DE C.1 6, 200 9Thatexc e p t for a dv a n cep l ann i n g activitie s, incl u ding needs assess -m ents w hich ma y or may not lead to capital investments, and other capital asset management related activities, including port- folio 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 N ational C emetery A dministration through the land ac q uisition line item, none of the funds made availa b le under this heading shall be used for any pro j ect which has not been approved by the Congress in the budgetary process
 * Provide

d fu r th er, That funds made available under this heading for fiscal year 201 0, for each approved project shall be obligated: ( 1 ) by the awarding of a construction documents contract by S eptember 3 0, 2010 and (2) by the awarding of a construction contract by September 30, 2011: Provided further, That the Secretary of V eterans Affairs shall promptly submit to the Committees on Appropriations of both H ouses of Congress a written report on any approved major construction project for which obligations are not incurred within the time limitations established above: Provided further , That of the funds made available under this heading, $9 33,030,000 shall be for the projects and activities, and in the amounts, specified under this heading in the explanatory statement of managers to accompany this Act .CONSTRU CT I ON, M INOR P RO JE CTS F or constructing, altering, extending, and improving any of the facilities, including par k ing projects, under the jurisdiction or for the use of the D epartment of Veterans Affairs, including plan- ning and assessments of needs which may lead to capital invest- ments, architectural and engineering services, maintenance or guar- antee 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 31 6 ,2 4 04, 2406, 8 102, 8103, 8106, 8108, 8109, 8110, 8122, and 8162 of title 38, U nited 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, $ 7 03,000,000, 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 made available under this heading shall be 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 minimi z e further loss by such causes. G R A NTS F OR CONSTRUCTION OF STATE E X TEN D ED CARE FACI L ITIES 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 Reports.C o n tr ac ts. D ea dli nes.


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 123STA T . 33 0 3 PUBLIC LA W 111 – 11 7—DE C.1 6, 200 9813 1 throug h 813 7 o f t i t le 38 ,Un ite dS t a te sC ode, $ 1 0 0,000,000, to re m ain a v aila b le until e xp ended .GRANTSFO R C ONSTR U CT I ON OF STAT EV ETERANS CE M ETERIES F or grants to assist States in establishing, expanding, or improving State veterans c emeteries as authori z edb y section 24 08 of title 38, United States Code, $4 6 ,000,000, to remain available until expended. AD MINISTRATIVE P ROVISIONS ( INC L UDING TRANSFER OF FUNDS ) SEC. 201. Any appropriation for fiscal year 2010 for ‘ ‘Compensa - tion and pensions ’ ’, ‘‘ R ead j ustment benefits’’, and ‘‘ V eterans insur- ance and indemnities’’ may be transferred as necessary to any other of the mentioned appropriations
 * Provide

d, T hat before a transfer may ta k e place, the Secretary of Veterans Affairs shall re q uest from the Committees on Appropriations of both H ouses 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 D epartment of Vet- erans Affairs for fiscal year 2010, in this Act or any other Act, under the ‘‘ M edical services’’, ‘‘Medical support and compliance’’, and ‘‘Medical facilities’’ accounts may be transferred among the accounts: Provided, That any transfers bet w een the ‘‘Medical serv- ices’’ 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 fu r th er, 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 transfers 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 310 9 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. N o appropriations in this title ( except the appropria- tions 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. Notif i ca tio n.T i mep e r io d .


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 123STA T . 33 04PUBLIC LA W 111 – 11 7—DE C.1 6, 200 9SEC.205 . Noap p r opr i a t io ns int h is tit le shall b ea v ailable f or hospitali z ation or e x a m ination of an y persons ( ex c ept bene - ficiaries entitle d tos u ch hospitalization or examination under the la w s providin g such benefits to veterans, and persons receiving such treatment under sections 79 0 1 through 790 4 of title 5, U nited States C ode, or the R obert T . Stafford D isaster Relief and E mer- gency A ssistance Act (42 U.S.C. 5121 et se q. ) ), unless reimburse- ment of the cost of such hospitalization or examination is made to the ‘ ‘ M edical services ’ ’ account at such rates as may be fixed by the Secretary of V eterans Affairs. SEC. 20 6 . Appropriations available in this title for ‘‘Compensa- tion and pensions’’, ‘‘Read j ustment benefits’’, and ‘‘Veterans insur- ance 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 appropria- tions accounts resulting from sections 3 32 8 (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 ‘‘Com- pensation and pensions’’. (IN C LUD IN GTRA N SF ER O F FUNDS ) SEC. 208. Notwithstanding any other provision of law, during fiscal year 2010, the Secretary of Veterans Affairs shall, from the National Service L ife I nsurance F und under section 1920 of title 38, United States Code, the Veterans’ Special Life Insurance Fund under section 1923 of title 38, United States Code, and the United States G overnment Life Insurance Fund under section 1955 of title 38, United States Code, reimburse the ‘‘General operating expenses’’ and ‘‘Information technology systems’’ accounts for the cost of administration of the insurance programs financed through those accounts
 * Provide

d, That reimbursement shall be made only from the surplus earnings accumulated in such an insurance pro- gram during fiscal year 2010 that are available for dividends in that program after claims have been paid and actuarially deter- mined reserves have been set aside: Provided fu r th er, 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 O ffice of Resolution Management of the Department Det e rmina ti o n .R eim bu r s ement.


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 123STA T . 33 05PUBLIC LA W 111 – 11 7—DE C.1 6, 200 9ofVet e ransA ffa i rs an d t h e O ffi c eof Empl o y ment D iscrimination C omplaint Ad ju dication under section 319 of title 3 8,U nited S tates Code, for all ser v ices provided at rates w hich will recover actual costs b utnote x ceed $ 3 5, 2 5 7 , 0 00 for the Office of R esolution M ana g ement and $3,287,000 for the Office of Employment and Discrimination Complaint Adjudication
 * Provide

d, T hat payments may be made in advance for services to be furnished based on estimated costs: Provided fu r th er, That amounts received shall be credited to the ‘ ‘ G eneral operating expenses ’ ’and‘‘ I nformation tech - nology systems’’ accounts for use by the office that provided the service . S EC. 211. N o appropriations in this title shall be available to enter into any new lease of real property if the estimated annual rental cost is more than $1,000,000, unless the Secretary submits a report which the Committees on Appropriations of both H ouses 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 sec- tion 1729 ( a ) (2) of such title, unless that person has disclosed to the Secretary of Veterans Affairs, in such form as the Secretary may re q uire, current, accurate third-party reimbursement informa- tion 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 ma k e 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. (IN C LUD IN GTRA N SF ER O F 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 reali z ed are in addition to the amount provided for in ‘‘Construc- tion, major projects’’ and ‘‘Construction, minor projects’’. SEC. 21 4 . Amounts made available under ‘‘Medical services’’ are available — (1) for furnishing recreational facilities, supplies, and equip- ment 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 F und 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. Contrac t s.Rep orts. D ea dli ne.


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 123STA T . 33 06PUBLIC LA W 111 – 11 7—DE C. 16 , 200 9SEC.216 . The Se cr e ta r yofV etera nsA ffa i rs m ay enter into a g reements w ith I n d ian tri b es and triba l organi z ations which are p arty to the Alas k a N ati v e H ealth C ompact with the Indian Health Service , and Indian tribes and tribal organizations serving r u ral Alaska which have entered into contracts with the Indian Health Service under the Indian Self D etermination and E ducational Assistance Act, to provide healthcare, including behavioral health and dental care. The Secretary shall re q uire 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 e x ternal 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 (4 3U .S.C. 16 0 6), 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 bound - aries of the M unicipality of Anchorage, the F airbanks North Star B orough, the K enai P eninsula Borough or the Matanuska Susitna Borough. (IN C LUD IN GTRA N SF ER O F FUNDS ) SEC. 217. Such sums as may be deposited to the Department of Veterans Affairs Capital Asset Fund pursuant to section 8 118 of title 38, United States Code, may be transferred to the ‘‘Construc- tion, ma j or 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 Net- works. SEC. 21 9 . 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’’, ‘‘ G eneral operating expenses’’, and ‘‘National Cemetery Administration’’ accounts for fiscal year 2010, may be transferred to or from the ‘‘Information technology systems’’ account
 * Provide

d , 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 tech- nology systems’’ account may be transferred between projects: Pro - vided, That no project may be increased or decreased by more than $ 1,000,000 of cost prior to submitting a request to the Commit- tees 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. SEC. 222. (a) Upon a determination by the Secretary of Veterans Affairs that such action is in the national interest, and will have Det e rmina ti o n .T ime p erio d . R eport s . Dead l ines. De f inition. Re qu irements. Re g ulations. N ati v e A meri c ans.


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 123STA T . 33 07PUBLIC LA W 111 – 117 —DE C.1 6, 200 9adirectb e n e f itf o r v eteran s t h ro ug h increased access to treat m ent , the S ecretar y of V eterans A ffairs may transfer not more than $5, 0 00,000 to the Secretary of H ea l th and Human Services for the G raduate P sychology E ducation Program, w hich includes treat - ment of veterans, to su p port increased training of psychologists s k illed in the treatment of post-traumatic stress disorder, traumatic brain in j ury, and related disorders .( b )T he 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 C ongress of any such transfer of funds under this section. S EC . 2 2 3 . N one of the funds appropriated or otherwise made available by this Act or any other Act for the D epartment of Vet- erans Affairs may be used in a manner that is inconsistent with — ( 1 ) section 84 2 of the Transportation, Treasury, Housing and U rban Development, the J udiciary, the District of Columbia, and I ndependent Agencies Appropriations Act, 200 6 (Public L aw 10 9– 115 119 Stat. 2506); or (2) section 8110(a)(5) of title 38, United States Code. SEC. 224. O f the amounts made available to the Department of Veterans Affairs for fiscal year 2010, in this Act or any other Act, under the ‘ ‘ M edical facilities ’ ’ account for non-recurring mainte- nance, not more than 20 percent of the funds made available shall be obligated during the last 2 months of that fiscal year
 * Provide

d , That the Secretary may waive this re q uirement after providing written notice to the Committees on Appropriations of both Houses of Congress. SEC. 225. Section 1925(d)(3) of title 38, United States Code, is amended by striking ‘‘appropriation ‘General Operating E x penses, Department of Veterans Affairs’ ’’ and inserting ‘‘appropriations for ‘General Operating Expenses and Information Technology Systems, Department of Veterans Affairs’ ’’. SEC. 226. Section 1922(a) of title 38, United States Code, is amended by striking ‘‘administrative costs to the Government for the costs of’’ and inserting ‘‘administrative support financed by the appropriations for ‘General Operating Expenses, Department of Veterans Affairs’ and ‘Information Technology Systems, Depart- ment of Veterans Affairs’ for’’. SEC. 22 7 . (a) Effective October 1, 2010, the North Chicago Veterans Affairs Medical Center located in Lake County, Illinois, shall be known and designated as the ‘‘Captain James A. Lovell F ederal Health Care Center’’. (b) Any reference to the medical center referred to in subsection (a) in any law, regulation, map, document, record, or other paper of the United States shall be considered to be a reference to the Captain James A. Lovell Federal Health Care Center. SEC. 228. Section 315(b) of title 38, United States Code, is amended by striking ‘‘December 31, 2009’’ and inserting ‘‘December 31, 2010’’. SEC. 229. Section 1714(c) of title 38, United States Code is amended— (1) in paragraph (1), by striking ‘‘and’’ at the end; (2) in paragraph (2), by striking the period and inserting ‘‘; and’’; and (3) by adding at the end the following new paragraph: Ef f ectiv e da te .F ede r a lbu ildi ngs and facilities. I llin o is. W aiver aut h orit y . N otice. Waiver authority. Notice. Notification.


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 123STA T . 33 08PUBLIC LA W 111 – 11 7—DE C.1 6, 200 9‘ ‘ (3)servic e dog s t r a i n ed f ort h eaidof p ersons w ith m enta l illnesses , incl u ding post - traumatic stress disorder, to veterans with such illnesses who are enrolled under section 1705 of this title .’ ’. SEC . 2 30. (a) T he D epartment of V eterans A ffairs M edical C enter in L ouisville, K entuc ky , and any successor to such medical center, shall after the date of the enactment of this Act b e known and designated as the ‘‘ R obley Re x Department of Veterans Affairs Medical Center’’. (b) Any reference in any law, regulation, map, document, record, or other paper of the U nited States to the medical center referred to in subsection (a) shall be considered to be a reference to the Robley Rex Department of Veterans Affairs Medical Center. SEC. 231. (a) Section 2703(b) of the E mergency Supplemental Appropriations Act for Defense, the G lobal W ar on Terror, and H urricane Recovery, 200 6 ( P ublic Law 10 9– 23 4; 120 Stat. 469), as amended by section 231 of the Military Construction and Vet- erans Affairs and Related Agencies Appropriations Act, 2009 (divi- sion E of Public Law 110–329; 122 Stat. 3713), is further amended by inserting after ‘‘the City of Gulfport’’ the following ‘‘, or its urban renewal agency,’’. (b) The Secretary of Veterans Affairs shall take appropriate actions to modify the q uitclaim deeds executed to effectuate the conveyance authori z ed by section 2703 of the Emergency Supple- mental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006, in order to accurately reflect and memorialize the amendment made by subsection (a). SEC. 232. O f the amounts appropriated or otherwise made available by this title, the Secretary may execute $ 5,000,000 for cooperative agreements with State and local government entities or their designees with a demonstrated record of serving veterans to conduct outreach to ensure that veterans in underserved areas receive the care and benefits for which they are eligible. T I TLE III RELATED AGE N CIES A M E RI C ANB A T T L EM O N U MENT S COMMISSION SALARIES AN D E XP ENSES F or 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 monu- ments outside of the United States and its territories and posses- sions; 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 representa- tion expenses; and insurance of official motor vehicles in foreign countries, when required by law of such countries, $62,675,000, to remain available until expended. F OREI G N CURRENC Y FLUCTUATIONS ACCOUNT For necessary expenses, not otherwise provided for, of the American Battle Monuments Commission, such sums as may be Ef f ectiv e da te .F ede r a lbu ildi ngs and facilities. K entuc ky .


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 123STA T . 33 09PUBLIC LA W 111 – 11 7—DE C.1 6, 2009 nec e s s ary,to re m a i na v ai l a b le u ntil e xp en d ed, f or purposes aut h or - i z ed by section 2109 of title 36, U nited S tates C ode . U NITED ST A TE S C OUR TO FAP PEA L S FOR V ETERANS CLAI M S SALARIES AND E X PENSES F or necessary expenses for the operation of the United States Court of Appeals for Veterans Claims as authorized by sections 7 2 5 1 throu g h 729 8 of title 38, United States Code, $ 27,115,000, of w hich $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 P ublic L aw 102 – 229. D EPARTMENT OF DEFENSE — CI V IL CEMETERIAL E XPENSES, ARM Y SALARIES AND EXPENSES For necessary expenses, as authorized by law, for maintenance, operation, and improvement of Arlington N ational Cemetery and Soldiers ’ and Airmen’s H ome 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, $39,850,000, to remain available until expended
 * Pro-vide

d ,T hat none of the funds available under this heading shall be for construction of a perimeter wall at Arlington National Ceme- tery. I n addition, such sums as may be necessary for par k ing maintenance, repairs and replacement, to be derived from the Lease of Department of Defense R eal 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 FOR C ES RETIREMENT HOME TRUST FUND For expenses necessary for the Armed Forces Retirement Home to operate and maintain the Armed Forces Retirement Home— W ashington, District of Columbia, and the Armed Forces Retirement Home— G ulfport, M ississippi, to be paid from funds available in the Armed Forces Retirement Home Trust Fund, $13 4 ,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. Virg i n i a.


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 123STA T . 331 0PUBLIC LA W 111 – 11 7—DE C.1 6, 200 9TI T LE I VO VE RS E A S C O N TIN G ENC Y O P ERATIONS D EPART M ENT O F DEFENSE M IL I TARY C ONS TR UC TION , AR M Y F oran a d d it iona l a m o u nt f or ‘ ‘Militar y Con s tru c tion, Army ’ ’, $924 ,4 8 4, 0 00,tor e main a v aila b le until Se p tember 3 0, 20 1 2
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d,T h at the amount appropriated in this para g raph shall be for the pro j ects and activities, and in the amounts, specified under the headings ‘‘Army’’ in the table entitled ‘‘Overseas Contingency Operations’’ in the e x planatory statement of managers to accompany this Act . MILITARY CONSTRUCTION, AIR FORC E For an additional amount for ‘‘Military Construction, Air Force’’, $4 7 4, 5 00,000, to remain available until September 30, 2012: Pro- vided, That the amount appropriated in this paragraph shall be for the projects and activities, and in the amounts, specified under the headings ‘‘Air Force’’ in the table entitled ‘‘Overseas Contingency Operations’’ in the explanatory statement of managers to accompany this Act. A D MINISTRATI V E PROVISION SEC. 401. Amounts appropriated or other w ise made available by this title are designated as being for overseas deployments and other activities pursuant to sections 401 ( c ) (4) and 423(a)(1) of S. Con. Res. 13 (111th Congress), the concurrent resolution on the budget for fiscal year 2010. TITLE V GENERAL PROVISIONS SEC. 501. 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. 502. 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. 503. None of the funds made available in this Act may be used for any program, project, or activity, when it is made k nown 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. 504. No part of any funds appropriated in this Act shall be used by an agency of the executive branch, other than for normal and recogni z ed executive - legislative relationships, for pub- licity 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. Lob b ying.Pa y r ai se s.


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 123STA T . 3311 PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 0 9SEC.50 5. Al l departm e n t s and a g en ci es fu nded under t h is Act are enc o uraged ,w ithin the limits of the e x isting statutor y authorities and funding, to expand their use of ‘ ‘ E-C ommerce ’ ’ tech- nologies and procedures in the conduct of their b usiness practices and public ser v ice activities. SEC. 50 6 . N one of the funds made available in this Act may be transferred to any department, agency, or instrumentality of the U nited States G overnment except pursuant to a transfer made by, or transfer authority provided in, this or any other appropria- tions Act. SEC. 50 7 . Unless stated otherwise, all reports and notifications re q uired by this Act shall be submitted to the Subcommittee on M ilitary Construction and V eterans Affairs, and R elated Agencies of the Committee on Appropriations of the H ouse of Representatives and the Subcommittee on Military Construction and Veterans Affairs, and Related Agencies of the Committee on Appropriations of the Senate. SEC. 50 8 . None of the funds made available in this Act may be used for a pro j ect or program named for an individual serving as a Member, D elegate, or Resident Commissioner of the United States House of Representatives. SEC. 50 9 . None of the funds made available in this Act may be used for the processing of new enhanced-use leases at the National Homes for Disabled Volunteer Soldiers located in Mil- wau k ee, W isconsin. SEC. 5 1 0. ( a ) Any agency receiving funds made available in this Act, shall, subject to subsections (b) and (c), post on the public website of that agency any report required to be submitted by the Congress in this or any other Act, upon the determination by the head of the agency that it shall serve the national interest. (b) Subsection (a) shall not apply to a report if — (1) the public posting of the report compromises national security or ( 2 ) the report contains confidential or proprietary informa- tion. (c) T he head of the agency posting such report shall do so only after such report has been made available to the requesting Committee or Committees of Congress for no less than 4 5 days. SEC. 511. None of the funds made available in this division or any other division in this Act may be distributed to the Associa- tion of Community O rgani z ations for Reform Now (ACORN) or its subsidiaries. This division may be cited as the ‘‘Military Construction and Veterans Affairs and Related Agencies Appropriations Act, 2010’’. ACORN.Timep e r i od . W e b po st i ng. Pu b l i c in f orm a tion. Reports. Contracts. Wisconsin. S ubmissions.


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 123STA T . 3312 PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 0 9DIV I S I ONF— D EPARTM ENT OF STATE , FOREI G N OPER - ATIONS, AND RE L ATED PROGRAMS APPROPRIATIONS A C T, 201 0 TITLE I DEPARTMENT OF STATE AND RELATED AGENC Y DEPARTMENT OF STATE A DMIN I STRA TI O NO F FOR E I G N AFFAIRS DI PL OMATI C AND CONS U LAR PROGRAMS ( INCLUDING TRANSFER OF FUNDS ) F ornec e s s a r y e xp enses o fth e Depart m ent of State an d the Fore ig n Ser v ice not other w ise provided for, $8 ,22 7 ,000,000, of which $1, 5 8 6 ,21 4 ,000 is for W or l dwide Sec u rity Protection ( to remain availa b le until expended ):Provide d, That the Secretary of State may transfer up to $1 3 7,600,000 of the total funds made available under this heading to any other appropriation of any department or agency of the U nited States, upon the concurrence of the head of such department or agency, to support operations in and assist- ance for Afghanistan and to carry out the provisions of the Foreign Assistance Act of 1 9 61: Provided fu r th er, That funds made available under this heading shall be allocated as follows: (1) H UMAN RESOURCES . —For necessary expenses for training, human resources management, and salaries, including employment without regard to civil service and classification laws of persons on a temporary basis (not to exceed $700,000), as authori z ed by section 801 of the United States Information and Educational Exchange Act of 1948, $2,667,130,000 to remain available until September 30, 2011, of which not less than $138,075,000 shall be available only for public diplomacy American salaries, and $220,840,000 is for Worldwide Security Protection and shall remain available until expended: Provided, That the Secretary of State shall submit to the Committees on Appropriations, concurrent with the fiscal year 2011 congres- sional budget j ustification materials, a strategy described in the joint explanatory statement of the committee of conference (hereafter ‘ ‘joint explanatory statement ’ ’) accompanying this Act for projected personnel re q uirements for the United States Department of State over the next 3 fiscal years. (2) O V ERSEAS PROGRAMS.—For necessary expenses for the regional bureaus of the Department of State and overseas activities as authorized by law, $2,495,158,000, to remain avail- able until September 30, 2011, of which not less than $381,800,000 shall be available only for public diplomacy inter- national information programs. (3) DIPLOMATIC POLIC Y AND SUPPORT.—For necessary expenses for the functional bureaus of the Department of State including representation to certain international organizations in which the United States participates pursuant to treaties ratified pursuant to the advice and consent of the Senate or specific Acts of Congress, general administration, and arms Stra t egy.D e p art m e n t of State ,F ore i gn O peration s ,an dR e l ated P rograms A ppropriations A c t, 201 0.


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 123STA T . 3313 PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 0 9contr o l, non p rol ife r a tion an d di s ar m ament acti v ities as a u t h or - i z ed, $892, 01 2,000, to remain availa b le until S eptember 3 0, 2011 .(4) S ECURITYP R OG R AMS . —F or necessar y e x penses for secu- rity activities, $2,1 7 2,700,000, to remain available until Sep- tember 30, 2011, of w hich $1,3 65 ,374,000 is for W orldwide Security P rotection and shall remain available until expended. (5) FEES A ND PAYMENTS CO L LECTED.— I n addition to amounts otherwise made available under this headin g — ( A ) not to exceed $1,653,305 shall be derived from fees collected from other executive agencies for lease or use of facilities located at the International C enter in accordance with section 4 of the International Center Act, and, in addition, as authorized by section 5 of such Act, $490,000, to be derived from the reserve authorized by that section, to be used for the purposes set out in that section ( B ) as authorized by section 810 of the U nited States Information and E ducational Exchange Act, not to exceed $6,000,000, to remain available until expended, may be credited to this appropriation from fees or other payments received from English teaching, library, motion pictures, and publication programs and from fees from educational advising and counseling and exchange visitor programs; and (C) not to exceed $15,000, which shall be derived from reimbursements, surcharges and fees for use of Blair H ouse facilities. (6) T RANS F ER, REPROGRAMMING, AND SPENDING PLAN.— (A) N otwithstanding any provision of this Act, funds may be reprogrammed within and between subsections under this heading sub j ect to section 7015 of this Act. (B) O f the amount made available under this heading, not to exceed $10,000,000 may be transferred to, and merged with, funds made available by this Act under the heading ‘ ‘Emergencies in the D iplomatic and Consular Service ’ ’, to be available only for emergency evacuations and rewards, as authorized. (C) Funds appropriated under this heading are avail- able for ac q uisition by exchange or purchase of passenger motor vehicles as authorized by law and, pursuant to 31 U.S.C. 1108(g), for the field examination of programs and activities in the United States funded from any account contained in this title. (D) Not later than 45 days after the enactment of this Act, the Secretary of State shall submit to the Commit- tees on Appropriations a report detailing planned expendi- tures for funds appropriated under this heading. CI V ILIAN STA B ILI Z ATION INITIATIVE For necessary expenses to support, maintain, mobilize, and deploy a civilian response corps in coordination with the United States Agency for International Development (USAID), and for related reconstruction and stabilization assistance to prevent or respond to conflict or civil strife in foreign countries or regions, or to enable transition from such strife, $120,000,000, to remain Deadlin e .R e ports .


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 123STA T . 331 4PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 0 9av a il a b l eunt ile xp en d ed
 * Provide

d ,Th at f und sm ade available unde r this headin g ma y be made available in fis c al year 201 0 t o provide administrative expenses for the O ffice of the C oordinator for R econstruction and S tabili z ation: Provided fu r th er, That not -w ithstanding any other provision of law and following consultation with the Committees on A ppropriations, the P resident may exercise transfer authorities contained in the F oreign Assistance Act of 1 96 1 for reconstruction and stabilization assistance managed by the Office of the Coordinator for Reconstruction and Stabilization only to support an actively deployed Civilian Response Corps, sub- j ect to the regular notification procedures of the Committees on Appropriations: Provided further, That of the funds appropriated under this heading, $ 10,000,000 shall be withheld from obligation until the Secretary of State reports to the Committees on Appropria- tions that the D epartment of State has signed a memorandum of understanding with the Department of Defense relating to the provision of airlift for deployment of Civilian Response Corps per- sonnel and e q uipment: Provided further, That not later than 45 days after enactment of this Act, the Secretary of State and the U SA I D Administrator shall submit a coordinated joint spending plan for funds made available under this heading and under the heading ‘ ‘Civilian Stabilization Initiative ’ ’ in title II of this Act .CAPIT A L I NVES T M ENT FU N D For necessary expenses of the Capital Investment Fund, $1 3 9,000,000, to remain available until expended, as authorized: Provided , That section 135 ( e ) of Public L aw 103 – 236 shall not apply to funds available under this heading. O FFICE OF INSPECTO RG ENERAL For necessary expenses of the Office of Inspector G eneral, $100,000,000, notwithstanding section 209(a)(1) of the Foreign Service Act of 19 8 0 (Public Law 96–465), as it relates to post inspections, of which $23,000,000 shall be for the Special Inspector General for Iraq Reconstruction for reconstruction oversight, and $23,000,000 shall be for the Special Inspector General for Afghani- stan Reconstruction for reconstruction oversight. EDUCATIONAL AND CULTURAL E X C H ANGE PROGRAMS For expenses of educational and cultural exchange programs, as authorized, $635,000,000, to remain available until expended: Provided, That not to exceed $5,000,000, to remain available until expended, may be credited to this appropriation from fees or other payments received from or in connection with E nglish teaching, educational advising and counseling programs, and exchange visitor programs as authorized. REPRESENTATION ALLO W ANCES For representation allowances as authorized, $8,1 7 5,000. Deadlin e .Sp endin g plan. R ep orts . M e m orand u m. P resident. T rans f er aut h orit y . N otifi c ation.


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Page:United States Statutes at Large Volume 123.djvu/3335

 123STA T . 331 5PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 0 9PROTEC T I O N O F FOREI G N M I S SIONS A N D OFFICIA L S Forexp e ns es , no t ot h er wi se pro v i d ed, to en abl e the S e c retar y o f State to provide for extraordinary protective services, as a u thor - i z ed, $28, 0 00,000, to re m ain available until September 3 0, 20 1 1 . EM B ASS Y SEC U RITY, CONSTRUCTION, AND MAINTENANCE For necessary expenses for carryin g out the Foreign Service B uildings A ctof1 9 2 6( 22 U .S. C . 292 – 303 ) , preserving, maintaining, repairing, and planning for buildings that are owned or directly leased by the D epartment of State, renovating, in addition to funds otherwise available, the H arry S T ruman Building, and carrying out the Diplomatic Security Construction P rogram as authorized, $8 7 6,8 5 0,000, to remain available until expended as authorized, of which not to exceed $25,000 may be used for domestic and overseas representation as authorized
 * Provide

d , That none of the funds appropriated in this paragraph shall be available for ac q uisi- tion of furniture, furnishings, or generators for other departments and agencies. I n addition, for the costs of worldwide security upgrades, acquisition, and construction as authorized, $8 4 7,300,000, to remain available until expended: Provided, That not later than 45 days after enactment of this Act, the Secretary of State shall submit to the Committees on Appropriations the proposed allocation of funds made available under this heading and the actual and antici- pated proceeds of sales for all pro j ects in fiscal year 2010. EMERGENCIES IN T H E DIPLOMATIC AND CONSULAR SER V ICE ( INCLUDING TRANSFER OF FUNDS ) For necessary expenses to enable the Secretary of State to meet unforeseen emergencies arising in the Diplomatic and Con- sular Service, $10,000,000, to remain available until expended as authorized, of which not to exceed $1,000,000 may be transferred to, and merged with, funds appropriated by this Act under the heading ‘ ‘ R epatriation L oans Program Account ’ ’, subject to the same terms and conditions. BUYING PO W ER MAINTENANCE ACCOUNT To offset adverse fluctuations in foreign currency exchange rates and / or overseas wage and price changes, as authorized by section 24(b) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2696(b)), $8,500,000, to remain available until expended. REPATRIATION LOANS PROGRAM ACCOUNT (INCLUDING TRANSFER OF FUNDS) For the cost of direct loans, $739,000, as authorized: 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. In addition, for administrative expenses necessary to carry out the direct loan program, $711,000, which may be transferred Deadlin e .Subm i s si o n.


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Page:United States Statutes at Large Volume 123.djvu/3336

 123STA T . 331 6PUBLIC LA W 111 – 11 7—DE C. 16 , 2 0 0 9to,andmerg ed wi t h , fu nd s made a v ai l a b le under the heading ‘ ‘ D i p lomati c and C onsular P rograms ’ ’ .PAYMENT T O T H E AME RIC AN IN S TIT U TE IN TAI W AN F or necessar y e x penses to carry out the T aiwan R elations A ct ( Public L aw 96–8) , $21 ,1 74, 0 00. PAYMENT TO THE F OREI G N SER V ICE RETIREMENT AN D DISA B I L ITY FUND For payment to the Foreign S ervice Retirement and Disability Fund, as authori z ed, $1 5 8,900,000. I NTERNATIONAL O RGANI Z ATIONS CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS For necessary expenses, not otherwise provided for, to meet annual obligations of membership in international multilateral organizations, pursuant to treaties ratified pursuant to the advice and consent of the Senate, conventions or specific Acts of Congress, $1,682,500,000
 * Provide

d, That the Secretary of State shall, at the time of the submission of the President’s budget to Congress under section 1105(a) of title 3 1, U nited States Code, transmit to the Committees on Appropriations the most recent biennial budget prepared by the United N ations for the operations of the United Nations: Provided fu r th er, That the Secretary of State shall notify the Committees on Appropriations at least 15 days in advance (or in an emergency, as far in advance as is practicable) of any United Nations action to increase funding for any United Nations program without identifying an offsetting decrease elsewhere in the United Nations budget: Provided further, That any payment of arrearages under this heading shall be directed toward activities that are mutually agreed upon by the United States and the respec - tive international organization: Provided further, That none of the funds appropriated under this heading shall be available for a United States contribution to an international organization for the United States share of interest costs made k nown to the United States G overnment by such organization for loans incurred on or after October 1, 1984, through external borrowings. CONTRIBUTIONS FOR INTERNATIONAL PEACE K EEPING ACTIVITIES For necessary expenses to pay assessed and other expenses of international peacekeeping activities directed to the maintenance or restoration of international peace and security, $2,125,000,000, of which 15 percent shall remain available until September 30, 2011: Provided, That none of the funds made available by this Act shall be obligated or expended for any new or expanded United Nations peacekeeping mission unless, at least 15 days in advance of voting for the new or expanded mission in the United Nations Security Council (or in an emergency as far in advance as is practicable): (1) the Committees on Appropriations are notified of the estimated cost and length of the mission, the national interest that will be served, the planned exit strategy, and that the United Nations has taken appropriate measures to prevent United Nations employees, contractor personnel, and peacekeeping forces serving Deadlin e .Not i f i c ation. Hum an t r affic k in g . Notification. Deadline. U nited Nation s . B udget. United Nations. 2 2U SC 2 69 a note.


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Page:United States Statutes at Large Volume 123.djvu/3337

 123STA T . 331 7PUBLIC LA W 111 – 117 —DE C.1 6, 2 0 0 9inthem i s si o n fr om tr a ffi ck in g in p ersons , e x p l oiting v ictims of trafficking, or committing acts of illegal sex u al exploitation, an d to hold accounta b le individuals w ho engage in such acts while participating in the peacekeeping mission, including the prosecution in their home countries of such individuals in connection with such acts and (2) notification pursuant to section 7015 of this A ct is submitted, and the procedures therein followed, setting forth the source of funds that will be used to pa y for the cost of the new or expanded mission
 * Provide

d fu r th er, T hat funds shall be available for peacekeeping expenses unless the S ecretary of State determines that American manufacturers and suppliers are not being given opportunities to provide e q uipment, services, and mate - rial for U nited N ations peacekeeping activities equal to those being given to foreign manufacturers and suppliers .INTER N A T IO NA LC O M MI S SIONS F or necessary expenses, not otherwise provided for, to meet obligations of the United States arising under treaties, or specific Acts of Congress, as follows: INTERNATIONAL B O U N D AR Y AND W ATER C OMMISSION, UNITED STATES AND ME X ICO For necessary expenses for the United States Section of the International B oundary and W ater Commission, United States and M exico, and to comply with laws applicable to the United States Section, including not to exceed $6 ,000 for representation; as fol- lows: SALARIES AND EX P ENSES For salaries and expenses, not otherwise provided for, $ 3 3,000,000. CONSTRUCTION For detailed plan preparation and construction of authori z ed pro j ects, $ 4 3,250,000, to remain available until expended, as author- ized. AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS For necessary expenses, not otherwise provided, for the Inter- national J oint Commission and the International Boundary Commission, United States and Canada, as authorized by treaties between the United States and Canada or G reat Britain, and the Border E nvironment Cooperation Commission as authorized by P ublic L aw 103 – 1 8 2, $12,608,000: Provided , That of the amount provided under this heading for the International Joint Commission, $ 9 ,000 may be made available for representation expenses. INTERNATIONAL F IS H ERIES COMMISSIONS For necessary expenses for international fisheries commissions, not otherwise provided for, as authorized by law, $53,976,000: Pro - vided, That the United States share of such expenses may be advanced to the respective commissions pursuant to 31 U.S.C. 3324: Provided further, That in addition to other funds available for 2 2 USC 2 69anote.D ete rmi nation.


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 123STA T . 331 8PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 0 9suchp u r p o s e s ,f u nd s av a il a b le under t his headin gm a y be used to ma k e payments necessary to fulfill the U nited S tates ’ obligations under the P acific Salmon T reaty .RELA TE D A G E NCYBROADC A STING BOARD O F GO VE RNORS INTERNATIONA LB ROADCASTING O P ERATIONS F or necessary e x penses to enable the Broadcasting Board of Governors ( BBG ) , as authori z ed, to carry out international commu - nication activities, including the purchase, rent, construction, and improvement of facilities for radio and television transmission and reception and purchase, lease, and installation of necessary e q uip- ment for radio and television transmission and reception to Cuba, and to make and supervise grants for radio and television broad- casting to the M iddle East, $73 3,7 8 8, 0 00, of w hich not more than $ 5 ,500,000 may be made available for non-salary and benefits expenses for T V Marti broadcasts to Cuba
 * Provide

d, That of the total amount in this heading, not to exceed $ 16 ,000 may be used for official receptions within the United States as authorized, not to exceed $35,000 may be used for representation abroad as author- ized, and not to exceed $3 9 ,000 may be used for official reception and representation expenses of Radio Free Europe / Radio Liberty: Provided fu r th er, That the authority provided by section 50 4 (c) of the Foreign Relations Authorization Act, Fiscal Year 2 003 (Public Law 107-228 22 U.S.C. 6206 note) shall remain in effect through September 30, 2010: Provided further, That not later than 45 days after enactment of this Act, the BBG shall report to the Committees on Appropriations that all BBG language services and grantees, including the broadcasters to the Middle East, Afghanistan, and Pakistan, have processes and policies, including appropriate management and editorial controls, to require that programming abide by the standards and principles set forth in the United States I nternational Broadcasting Act of 1994 (22 U.S.C. 6202(a) and (b)) and the relevant j ournalistic code of ethics, and not provide an open platform for terrorists or those who support terrorists: Provided further, That the BBG shall notify the Committees on Appropriations within 15 days of any determination by the Board that any of its broadcast entities, including its grantee organiza- tions, was found to be in violation of the principles, standards, or journalistic code of ethics referenced in the previous proviso: Provided further, That in addition to funds made available under this heading, and notwithstanding any other provision of law, up to $2,000,000 in receipts from advertising and revenue from busi- ness ventures, up to $500,000 in receipts from cooperating inter- national organizations, and up to $1,000,000 in receipts from privatization efforts of the Voice of America and the International Broadcasting Bureau, to remain available until expended for car- rying out authorized purposes. Notif i ca tio n.De a dl ine. Deadline. R e p o r t s . Ex tension date. 2 2 USC6 2 0 6 note.


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Page:United States Statutes at Large Volume 123.djvu/3339

 123STA T . 331 9PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 09 BROADC A STING CA P ITA L I M PRO VE MENTS Forthepu r c h as e , re n t, construct i on, an d i m pro v ement o f faci l i - ties for radio and television transmission and reception, and pur- chase and installation of necessar y e q uipment for radio and tele- vision transmission and reception as authori z ed, $12, 6 22, 0 00, to remain availa b le until e x pended, as authorized .RELAT E DP R OG RA MS T H E ASIA FO U NDATION For a g rant to The Asia Foundation, as authorized by The Asia Foundation Act ( 22 U .S. C . 4 402 ) ,$1 9 ,000,000, to remain avail- able until expended, as authorized. UNITED STATES I NSTITUTE O F PEACE For necessary expenses of the United States Institute of Peace, as authorized by the United States Institute of Peace Act, $49,220,000, to remain available until September 3 0, 2011, of w hich upto$1 5 ,000,000 may be used for construction activities. CENTER FOR MIDDLE EASTERN- W ESTERN DIALOGUE TRUST FUND For necessary expenses of the Center for Middle Eastern- Western Dialogue Trust Fund, the total amount of the interest and earnings accruing to such Fund on or before September 30, 2010, to remain available until expended. EISENHO W ERE X CHANGE FELLOWSHIP PROGRAM For necessary expenses of Eisenhower Exchange Fellowships, Incorporated, as authorized by sections 4 and 5 of the Eisenhower Exchange Fellowship Act of 1990 (20 U.S.C. 5204 – 5205), all interest and earnings accruing to the Eisenhower Exchange Fellowship Pro- gram Trust Fund on or before September 30, 2010, to remain available until expended
 * Provide

d , That none of the funds appro- priated herein shall be used to pay any salary or other compensa- tion, or to enter into any contract providing for the payment thereof, in excess of the rate authorized by 5 U.S.C. 53 7 6 or for purposes which are not in accordance with OM B Circulars A–110 (Uniform Administrative Requirements) and A–122 (Cost Principles for N on- profit Organizations), including the restrictions on compensation for personal services. ISRAELI ARAB SCHOLARSHIP PROGRAM For necessary expenses of the Israeli Arab Scholarship Pro- gram, as authorized by section 214 of the Foreign Relations Authorization Act, Fiscal Y ears 1992 and 1993 (22 U.S.C. 2452), all interest and earnings accruing to the Israeli Arab Scholarship Fund on or before September 30, 2010, to remain available until expended. EAST-WEST CENTER To enable the Secretary of State to provide for carrying out the provisions of the Center for Cultural and Technical Interchange


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 123STA T . 332 0PUBLIC LA W 111 – 11 7—DE C.1 6, 200 9Betw ee nEas tan dW est Ac t of1960,bygr anttot h e C enter for C ul tural and T echn i cal I nterchange Between East and West in the S tate of H awaii, $23 ,000,000
 * Provide

d , That none of the funds a p propriated herein shall be used to pay any salary, or enter into any contract pro v iding for the pay m ent thereof, in e x cess of the rate authori z ed by 5U. S.C. 53 7 6. NATION A L EN D O WME NT F O RD EMO C RAC YF or grants made by the Department of State to the National Endowment for Democracy, as authorized by the National Endow - ment for Democracy Act, $11 8 ,000,000, to remain available until expended, of which $100,000,000 shall be allocated in the traditional and customary manner, including for the core institutes, and $18,000,000 shall be for democracy, human rights, and rule of law programs: Provided, That the P resident of the National Endow- ment for Democracy shall provide to the Committees on Appropria- tions not later than 4 5 days after the date of enactment of this Act a report on the proposed uses of funds under this heading on a regional and country basis. O THE R CO M MISSIONS COMMI S SION FOR T H E PRESER V ATION OF AMERICA ’ S HERITA G E A B ROAD SALARIES AND E XP ENSES For necessary expenses for the Commission for the Preservation of America’s Heritage Abroad, $635,000, as authorized by section 1303 of Public L aw 99 – 83. UNITED STATES COMMISSION ON INTERNATIONAL RELIGIO U S FREEDOM SALARIES AND EXPENSES For necessary expenses for the United States Commission on International Religious Freedom, as authorized by title II of the International Religious Freedom Act of 1998 ( Public Law 105– 292 ) , $4,300,000, to remain available until September 30, 2011: Provided, That notwithstanding the expenditure limitation specified in section 208(c)(1) of such Act (22 U.S.C. 6435a(c)(1)), the Commis- sion may expend up to $250,000 of the funds made available under this heading to procure temporary and intermittent services under the authority of section 3109(b) of title 5, United States Code. COMMISSION ON SECURITY AND COOPERATION IN EUROPE SALARIES AND EXPENSES For necessary expenses of the Commission on Security and Cooperation in Europe, as authorized by Public Law 94–304, $2,610,000, to remain available until September 30, 2011. Deadlin e .R e ports .


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Page:United States Statutes at Large Volume 123.djvu/3341

 123STA T . 3321 PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 0 9CONGRES S I ON AL-EX E CUT I V ECO M MISSION ON T H E P EO P LE ’ S R EPU B LIC O F CHINA SALARIES AN D EXPENSES Fornec e s s a r y e xp enses o fth e Con g ress i ona l -Exec u ti v eCo m mis- sion on the People’s Repu b lic of China , as authori z e d , $2, 0 00,000, including not more than $ 3 ,000 for the purpose of official represen- tation, to remain available until S eptember 30, 20 1 1 .U NITED STATES-CHINA ECONOMIC AND SECURIT Y REVIE W COMMISSION SALARIES AND EXPENSES For necessary expenses of the United States-China Economic and Security Revie w Commission, $3, 5 00,000, including not more than $ 4 ,000 for the purpose of official representation, to remain available until September 30, 2011
 * Provide

d ,T hat the Commission shall provide to the Committees on A ppropriations a q uarterly accounting of the cumulative balances of any unobligated funds that were received by the Commission during any previous fiscal year: Provided fu r th er, That section 30 8( e ) of the United States- China Relations Act of 2000 (22 U.S.C. 69 18(e)) (relating to the treatment of employees as Congressional employees), and section 309 of such Act (22 U.S.C. 6919) (relating to printing and binding costs), shall apply to the Commission in the same manner as such section applies to the Congressional-Executive Commission on the People’s Republic of China: Provided further, That the Commission shall comply with chapter 43 of title 5, United States Code, regarding the establishment and regular review of employee performance appraisals: Provided further, That the Commission shall comply with section 4505a of title 5, United States Code, with respect to limitations on payment of performance-based cash awards: Provided further, That compensation for the executive director of the Commission may not exceed the rate payable for level I I of the Executive Schedule under section 5313 of title 5, United States Code: Provided further, That travel by members and staff of the Commission shall be arranged and conducted under the rules and procedures applying to travel by members and staff of the H ouse of Representatives. TIT L EII U N ITE D STATES A G ENC Y F O R INTERNATIONAL DE V ELOP M ENT FUNDS APPROPRIATED TO THE PRESIDENT OPERATING EXPENSES ( INCLUDING TRANSFER OF FUNDS ) For necessary expenses to carry out the provisions of section 66 7 of the Foreign Assistance Act of 1961, $1,388,800,000, of which up to $105,000,000 may remain available until September 30, 2011: Provided, That none of the funds appropriated under this heading and under the heading ‘ ‘Capital Investment Fund’’ in this Act Reports.D e adlin e. C o m plian c e. Compliance. A pplica b ilit y . Deadline. Reports.


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Page:United States Statutes at Large Volume 123.djvu/3342

 123STA T . 3322 PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 0 9maybe ma d ea v a il able tof i n an c et h e con s t ru ction ( includin g architect and engineering services ),p urchase, or long - term lease of offices for use by the U nited S tates A gency for I nternational D evelopment (USAID), unless the USAID Administrator has identi- fied such proposed construction (including architect and engineering services), purchase, or long-term lease of offices in a report sub- mitted to the C ommittees on Appropriations at least 15 days prior to the obligation of funds for such purposes
 * Provide

d fu r th er, T hat the previous proviso shall not apply w hen the total cost of construction (including architect and engineering services), pur- chase, or long-term lease of offices does not e x ceed $ 1, 0 00,000: Provided further, That of the funds appropriated under this heading that are available for capital investments related to the Develop- ment L eadership Initiative, up to $ 24 5,000,000 may remain avail- able until September 3 0, 2014: Provided further, That the USAID Administrator shall submit to the Committees on Appropriations, concurrent with the fiscal year 2011 congressional budget j ustifica- tion materials, a strategy described in the joint explanatory state- ment accompanying this Act for projected personnel re q uirements for USAID over the next 3 fiscal years: Provided further , That contracts or agreements entered into with funds appropriated under this heading may entail commitments for the expenditure of such funds through the following fiscal year: Provided further, That any decision to open a new USAID overseas mission or office or, except where there is a substantial security ris k to mission per- sonnel, to close or significantly reduce the number of personnel of any such mission or office, shall be subject to the regular notifica- tion procedures of the Committees on Appropriations: Provided further, That the authority of sections 6 10 and 10 9 of the F oreign Assistance Act of 1961 may be exercised by the Secretary of State to transfer funds appropriated to carry out chapter 1 of part I of such Act to ‘ ‘ O perating E xpenses ’ ’ in accordance with the provi- sions of those sections: Provided further, That of the funds appro- priated or made available under this heading, not to exceed $250,000 may be available for representation and entertainment allowances, of which not to exceed $5,000 may be available for entertainment allowances, for USAID during the current fiscal year: Provided further, That no such entertainment funds may be used for the purposes listed in section 7 020 of this Act: Provided further, That appropriate steps shall be taken to assure that, to the max- imum extent possible, United States-owned foreign currencies are utili z ed in lieu of dollars .CIV I L I ANST A B ILI Z ATI O N INITIATIV E For necessary expenses to carry out section 667 of the Foreign Assistance Act of 1961 for the United States Agency for Inter- national Development (USAID) to support, maintain, mobilize, and deploy a Civilian R esponse Corps in coordination with the Depart- ment of State, and for related reconstruction and stabilization assistance to prevent or respond to conflict or civil strife in foreign countries or regions, or to enable transition from such strife, $30,000,000, to remain available until expended: Provided, That not later than 45 days after enactment of this Act, the Secretary of State and the USAID Administrator shall submit a coordinated joint spending plan for funds made available under this heading Deadlin e .Sp endin g plan. Not i f i c ation. St r ateg y .


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Page:United States Statutes at Large Volume 123.djvu/3343

 123STA T . 3323 PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 0 9andu nd erth e head i n g‘ ‘ C i v i l ian S ta b ili z ati o n I nitiative ’ ’ in title Io f thi sAc t .CAPIT A L I NVES T M ENT FU N DF or necessar y e xp enses for overseas construction and related costs , and for the procure m ent and enhancement of information technology and related capital investments, pursuant to section 6 6 7 of the Foreign Assistance Act of 19 61, $ 1 85, 0 00,000, to remain available until expended, of w hich not more than $1 34 ,500,000 may be made available for the purpose of implementing the Capital Security Cost - Sharing P rogram
 * Provide

d ,T hat this amount is in addition to funds otherwise available for such purposes: Provided fu r th er, That funds appropriated under this heading shall be avail- able for obligation only pursuant to the regular notification proce- dures of the Committees on Appropriations. O FFICE OF INSPECTO RG ENERAL For necessary expenses to carry out the provisions of section 667 of the Foreign Assistance Act of 1961, $46,500,000, to remain available until September 30, 2 011, which sum shall be available for the O ffice of Inspector G eneral of the U nited States Agency for International D evelopment. TIT LE III B ILATE R AL ECO N O M IC ASSISTANCE FUNDS APPROPRIATED TO T H E PRESIDENT For necessary expenses to enable the President to carry out the provisions of the Foreign Assistance Act of 1961, and for other purposes, to remain available until September 30, 2010, unless otherwise specified herein, as follows: GLO B AL HEALTH AND CHILD SURVIVAL ( INCLUDING TRANSFER OF FUNDS ) For necessary expenses to carry out the provisions of chapters 1 and 10 of part I of the Foreign Assistance Act of 1961, for global health activities, in addition to funds otherwise available for such purposes, $2,420,000,000, to remain available until Sep- tember 30, 2011, and which shall be apportioned directly to the United States Agency for International Development ( USAID )
 * Pro

- vided, That this amount shall be made available for such activities as: (1) child survival and maternal health programs (2) immuniza- tion and oral rehydration programs; (3) other health, nutrition, water and sanitation programs which directly address the needs of mothers and children, and related education programs; (4) assist- ance for children displaced or orphaned by causes other than AIDS; (5) programs for the prevention, treatment, control of, and research on H I V/ AIDS, tuberculosis, polio, malaria, and other infectious dis- eases including neglected tropical diseases, and for assistance to communities severely affected by HIV/AIDS, including children infected or affected by AIDS; and (6) family planning/reproductive health: Provided further, That none of the funds appropriated under HIV/A I DS.Notif i ca tio n .


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Page:United States Statutes at Large Volume 123.djvu/3344

 123STA T . 332 4PUBLIC LA W 111 – 11 7—DE C.1 6, 2 0 0 9thispar a g raph m a ybe ma d ea v ai l able fo r n onpro j e c t assistance , e x cept that f u nds may be made available for such assistance for ongoing health activities
 * Provide

d fu r th er, T hat of the funds appro - priated under this paragraph, $78, 0 00,000 should be made available for a U nited S tates contribution to the GAVI Alliance: Provided further, That none of the funds made available in this Act nor any unobligated balances from prior appropriations Acts may be made available to any organi z ation or program w hich, as deter- mined by the P resident of the United States, supports or partici- pates in the management of a program of coercive abortion or involuntary sterilization: Provided further, That any determination made under the previous proviso must be made no later than 6 months after the date of enactment of this Act, and must be accompanied by the evidence and criteria utilized to ma k e the determination: Provided further, That none of the funds made avail- able under this Act may be used to pay for the performance of abortion as a method of family planning or to motivate or coerce any person to practice abortions: Provided further, That nothing in this paragraph shall be construed to alter any existing statutory prohibitions against abortion under section 1 0 4 of the F oreign Assistance Act of 1 9 61: Provided further, That none of the funds made available under this Act may be used to lobby for or against abortion: Provided further, That in order to reduce reliance on abortion in developing nations, funds shall be available only to voluntary family planning projects which offer, either directly or through referral to, or information about access to, a broad range of family planning methods and services, and that any such vol- untary family planning project shall meet the following re q uire- ments: ( 1 ) service providers or referral agents in the project shall not implement or be subject to quotas, or other numerical targets, of total number of births, number of family planning acceptors, or acceptors of a particular method of family planning (this provision shall not be construed to include the use of quantitative estimates or indicators for budgeting and planning purposes) ( 2 ) the project shall not include payment of incentives, bribes, gratuities, or finan- cial reward to: (A) an individual in exchange for becoming a family planning acceptor; or ( B ) program personnel for achieving a numer- ical target or quota of total number of births, number of family planning acceptors, or acceptors of a particular method of family planning; ( 3 ) the project shall not deny any right or benefit, including the right of access to participate in any program of general welfare or the right of access to health care, as a consequence of any individual ’ s decision not to accept family planning services; (4) the project shall provide family planning acceptors comprehen- sible information on the health benefits and risks of the method chosen, including those conditions that might render the use of the method inadvisable and those adverse side effects known to be consequent to the use of the method; and ( 5 ) the project shall ensure that experimental contraceptive drugs and devices and med- ical procedures are provided only in the context of a scientific study in which participants are advised of potential risks and benefits; and, not less than 60 days after the date on which the USAI D Administrator determines that there has been a violation of the requirements contained in paragraph (1), (2), (3), or (5) of this proviso, or a pattern or practice of violations of the require- ments contained in paragraph (4) of this proviso, the Administrator Familyp la n nin g.Requ i r emen ts . D ea d line. Determinati o n. Reports. L o b bying. A bortion. Abortion. Deadline. P resident. Determination. Abortion. S terili z ation.