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H.R.1
American Recovery and Reinvestment Act of 2009 (Public Print)
TITLE X--MILITARY CONSTRUCTION AND VETERANS AFFAIRS, AND RELATED AGENCIES
DEPARTMENT OF DEFENSE
Military Construction, Army
For an additional amount for `Military Construction, Army', $637,875,000, to remain available until September 30, 2013, of which $84,100,000 shall be for child development centers; $481,000,000 shall be for warrior transition complexes; and $42,400,000 shall be for health and dental clinics (including acquisition, construction, installation, and equipment): Provided, That notwithstanding any other provision of law, such funds may be obligated and expended to carry out planning and design and military construction projects in the United States not otherwise authorized by law: Provided further, That of the funds provided under this heading, not to exceed $30,375,000 shall be available for study, planning, design, and architect and engineer services: Provided further, That within 30 days of enactment of this Act the Secretary of the Army shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds provided under this heading prior to obligation.
Military Construction, Navy and Marine Corps
For an additional amount for `Military Construction, Navy and Marine Corps', $990,092,000, to remain available until September 30, 2013, of which $172,820,000 shall be for child development centers; $174,304,000 shall be for barracks; $125,000,000 shall be for health clinic replacement, and $494,362,000 shall be for energy conservation and alternative energy projects (including acquisition, construction, installation, and equipment): Provided, That notwithstanding any other provision of law, such funds may be obligated and expended to carry out planning and design and military construction projects in the United States not otherwise authorized by law: Provided further, That of the funds provided under this heading, not to exceed $23,606,000 shall be available for study, planning, design, and architect and engineer services: Provided further, That within 30 days of enactment of this Act the Secretary of the Navy shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds provided under this heading prior to obligation.
Military Construction, Air Force
For an additional amount for `Military Construction, Air Force', $871,332,000, to remain available until September 30, 2013, of which $80,100,000 shall be for child development centers; $612,246,000 shall be for dormitories; and $138,100,000 shall be for health clinics (including acquisition, construction, installation, and equipment): Provided, That notwithstanding any other provision of law, such funds may be obligated and expended to carry out planning and design and military construction projects in the United States not otherwise authorized by law: Provided further, That of the funds provided under this heading, not to exceed $40,886,000 shall be available for study, planning, design, and architect and engineer services: Provided further, That within 30 days of enactment of this Act the Secretary of the Air Force shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds provided under this heading prior to obligation.
Military Construction, Defense-Wide
For an additional amount for `Military Construction, Defense-Wide', $118,560,000 for the Energy Conservation Investment Program, to remain available until September 30, 2010: Provided, That notwithstanding any other provision of law, such funds may be obligated and expended to carry out planning and design and military construction projects in the United States not otherwise authorized by law: Provided further, That within 30 days of enactment of this Act the Secretary of Defense shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds provided under this heading prior to obligation.
Military Construction, Army National Guard
For an additional amount for `Military Construction, Army National Guard', $150,000,000 for readiness centers (including construction, acquisition, expansion, rehabilitation, and conversion), to remain available until September 30, 2013: Provided, That notwithstanding any other provision of law, such funds may be obligated and expended to carry out planning and design and military construction projects in the United States not otherwise authorized by law: Provided further, That within 30 days of enactment of this Act the Director of the Army National Guard shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds provided under this heading prior to obligation.
Military Construction, Air National Guard
For an additional amount for `Military Construction, Air National Guard', $110,000,000, to remain available until September 30, 2013: Provided, That notwithstanding any other provision of law, such funds may be obligated and expended to carry out planning and design and military construction projects in the United States not otherwise authorized by law: Provided further, That within 30 days of enactment of this Act the Director of the Air National Guard shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds provided under this heading prior to obligation.
Family Housing Construction, Army
For an additional amount for `Family Housing Construction, Army', $34,570,000, to remain available until September 30, 2013: Provided, That notwithstanding any other provision of law, such funds may be obligated and expended to carry out planning and design and military construction projects in the United States not otherwise authorized by law: Provided further, That within 30 days of enactment of this Act the Secretary of the Army shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds provided under this heading prior to obligation.
Family Housing Operation and Maintenance, Army
For an additional amount for `Family Housing Operation and Maintenance, Army', $3,932,000: Provided, That notwithstanding any other provision of law, such funds may be obligated and expended for operation and maintenance and minor construction projects in the United States not otherwise authorized by law.
Family Housing Construction, Air Force
For an additional amount for `Family Housing Construction, Air Force', $80,100,000, to remain available until September 30, 2013: Provided, That notwithstanding any other provision of law, such funds may be obligated and expended to carry out planning and design and military construction projects in the United States not otherwise authorized by law: Provided further, That within 30 days of enactment of this Act the Secretary of the Air Force shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds provided under this heading prior to obligation.
Family Housing Operation and Maintenance, Air Force
For an additional amount for `Family Housing Operation and Maintenance, Air Force', $16,461,000: Provided, That notwithstanding any other provision of law, such funds may be obligated and expended for operation and maintenance and minor construction projects in the United States not otherwise authorized by law.
Homeowners Assistance Fund
For an additional amount for `Homeowners Assistance Fund', established by section 1013 of the Demonstration Cities and Metropolitan Development Act of 1966, as amended (42 U.S.C. 3374), $410,973,000, to remain available until expended.
Administrative Provision
Sec. 1001. (a) Temporary Expansion of Homeowners Assistance Plan To Respond to Mortgage Foreclosure and Credit Crisis. Section 1013 of the Demonstration Cities and Metropolitan Development Act of 1966 (42 U.S.C. 3374) is amended--
(A) by redesignating paragraphs (1 ), (2), and (3) as clauses (i), (ii), and (iii), respectively, and indenting such subparagraphs, as so redesignated, 6 ems from the left margin;
(B) by striking `Notwithstanding any other provision of law' and inserting the following:
`(1 ) ACQUISITION OF PROPERTY AT OR NEAR MILITARY INSTALLATIONS THAT HAVE BEEN ORDERED TO BE CLOSED- Notwithstanding any other provision of law';
(C) by striking `if he determines' and inserting `if--
`(A) the Secretary determines--';
(D) in clause (iii), as redesignated by subparagraph (A), by striking the period at the end and inserting `; or'; and
(E) by adding at the end the following:
`(B) the Secretary determines--
`(i) that the conditions in clauses (i) and (ii) of subparagraph (A) have been met;
`(ii) that the closing or realignment of the base or installation resulted from a realignment or closure carried out under the 2005 round of defense base closure and realignment under the Defense Base Closure and Realignment Act of 1990 (part XXIX of Public Law 101-510; 10 U.S.C. 2687 note);
`(iii) that the property was purchased by the owner before July 1 , 2006;
`(iv) that the property was sold by the owner between July 1 , 2006, and September 30, 2012, or an earlier end date designated by the Secretary;
`(v) that the property is the primary residence of the owner; and
`(vi) that the owner has not previously received benefit payments authorized under this subsection.
`(2) HOMEOWNER ASSISTANCE FOR WOUNDED MEMBERS OF THE ARMED FORCES, DEPARTMENT OF DEFENSE AND UNITED STATES COAST GUARD CIVILIAN EMPLOYEES, AND THEIR SPOUSES- Notwithstanding any other provision of law, the Secretary of Defense is authorized to acquire title to, hold, manage, and dispose of, or, in lieu thereof, to reimburse for certain losses upon private sale of, or foreclosure against, any property improved with a one- or two-family dwelling which was at the time of the relevant wound, injury, or illness, the primary residence of--
`(A) any member of the Armed Forces in medical transition who--
`(i) incurred a wound, injury, or illness in the line of duty during a deployment in support of the Armed Forces;
`(ii) is disabled to a degree of 30 percent or more as a result of such wound, injury, or illness, as determined by the Secretary of Defense or the Secretary of Veterans Affairs; and
`(iii) is reassigned in furtherance of medical treatment or rehabilitation, or due to medical retirement in connection with such disability;
`(B) any civilian employee of the Department of Defense or the United States Coast Guard who--
`(i) was wounded, injured, or became ill in the line of duty during a forward deployment in support of the Armed Forces; and
`(ii) is reassigned in furtherance of medical treatment, rehabilitation, or due to medical retirement resulting from the sustained disability; or
`(C) the spouse of a member of the Armed Forces or a civilian employee of the Department of Defense or the United States Coast Guard if--
`(i) the member or employee was killed in the line of duty during a deployment in support of the Armed Forces or died from a wound, injury, or illness incurred in the line of duty during such a deployment; and
`(ii) the spouse relocates from such residence within 2 years after the death of such member or employee.
`(3) TEMPORARY HOMEOWNER ASSISTANCE FOR MEMBERS OF THE ARMED FORCES PERMANENTLY REASSIGNED DURING SPECIFIED MORTGAGE CRISIS- Notwithstanding any other provision of law, the Secretary of Defense is authorized to acquire title to, hold, manage, and dispose of, or, in lieu thereof, to reimburse for certain losses upon private sale of, or foreclosure against, any property improved with a one- or two-family dwelling situated at or near a military base or installation, if the Secretary determines--
`(A) that the owner is a member of the Armed Forces serving on permanent assignment;
`(B) that the owner is permanently reassigned by order of the United States Government to a duty station or home port outside a 50-mile radius of the base or installation;
`(C) that the reassignment was ordered between February 1 , 2006, and September 30, 2012, or an earlier end date designated by the Secretary;
`(D) that the property was purchased by the owner before July 1 , 2006;
`(E) that the property was sold by the owner between July 1 , 2006, and September 30, 2012, or an earlier end date designated by the Secretary;
`(F) that the property is the primary residence of the owner; and
`(G) that the owner has not previously received benefit payments authorized under this subsection.';
(2) in subsection (b), by striking `this section' each place it appears and inserting `subsection (a)(1 )';
(A) by striking `Such persons' and inserting the following:
`(1 ) HOMEOWNER ASSISTANCE RELATED TO CLOSED MILITARY INSTALLATIONS-
`(A) IN GENERAL- Such persons';
(B) by striking `set forth above shall elect either (1 ) to receive' and inserting the following: `set forth in subsection (a)(1 ) shall elect either--
(C) by striking `difference between (A) 95 per centum' and all that follows through `(B) the fair market value' and inserting the following: `difference between--
`(I) 95 per centum of the fair market value of their property (as such value is determined by the Secretary of Defense) prior to public announcement of intention to close all or part of the military base or installation; and
`(II) the fair market value';
(D) by striking `time of the sale, or (2) to receive' and inserting the following: `time of the sale; or
(E) by striking `outstanding mortgages. The Secretary may also pay a person who elects to receive a cash payment under clause (1 ) of the preceding sentence an amount' and inserting `outstanding mortgages.
`(B) REIMBURSEMENT OF EXPENSES- The Secretary may also pay a person who elects to receive a cash payment under subparagraph (A) an amount'; and
(F) by striking `best interest of the Federal Government. Cash payment' and inserting the following: `best interest of the United States.
`(2) HOMEOWNER ASSISTANCE FOR WOUNDED INDIVIDUALS AND THEIR SPOUSES-
`(A) IN GENERAL- Persons eligible under the criteria set forth in subsection (a)(2) may elect either--
`(i) to receive a cash payment as compensation for losses which may be or have been sustained in a private sale, in an amount not to exceed the difference between--
`(I) 95 per centum of prior fair market value of their property (as such value is determined by the Secretary of Defense); and
`(II) the fair market value of such property (as such value is so determined) at the time of the wound, injury, or illness qualifying the individual for benefits under subsection (a)(2); or
`(ii) to receive, as purchase price for their property an amount not to exceed 90 per centum of prior fair market value as such value is determined by the Secretary of Defense, or the amount of the outstanding mortgages.
`(B) DETERMINATION OF BENEFITS- The Secretary may also pay a person who elects to receive a cash payment under subparagraph (A) an amount that the Secretary determines appropriate to reimburse the person for the costs incurred by the person in the sale of the property if the Secretary determines that such payment will benefit the person and is in the best interest of the United States.
`(3) HOMEOWNER ASSISTANCE FOR PERMANENTLY REASSIGNED INDIVIDUALS-
`(A) IN GENERAL- Persons eligible under the criteria set forth in subsection (a)(3) may elect either--
`(i) to receive a cash payment as compensation for losses which may be or have been sustained in a private sale, in an amount not to exceed the difference between--
`(I) 95 per centum of prior fair market value of their property (as such value is determined by the Secretary of Defense); and
`(II) the fair market value of such property (as such value is so determined) at the time the person received change of permanent station orders; or
`(ii) to receive, as purchase price for their property an amount not to exceed 90 per centum of prior fair market value as such value is determined by the Secretary of Defense, or the amount of the outstanding mortgages.
`(B) DETERMINATION OF BENEFITS- The Secretary may also pay a person who elects to receive a cash payment under subparagraph (A) an amount that the Secretary determines appropriate to reimburse the person for the costs incurred by the person in the sale of the property if the Secretary determines that such payment will benefit the person and is in the best interest of the United States.
`(4) COMPENSATION AND LIMITATIONS RELATED TO FORECLOSURES AND ENCUMBRANCES- Cash payment';
(4) by striking subsection (g);
(5) in subsection (l), by striking `(a)(2)' and inserting `(a)(1 )(A)(ii)';
(6) in subsection (m), by striking `this section' and inserting `subsection (a)(1 )';
(A) in paragraph (1 ), by striking `this section' and inserting `subsection (a)(1 )'; and
(B) in paragraph (2), by striking `this section' and inserting `subsection (a)(1 )';
(A) in paragraph (1 ), by striking `this section' and inserting `subsection (a)(1 )';
(B) in paragraph (2), by striking `this section' and inserting `subsection (a)(1 )'; and
(C) by striking paragraph (4); and
(9) by adding at the end the following new subsection:
`(p) Definitions- In this section:
`(1 ) the term `Armed Forces' has the meaning given the term `armed forces' in section 101(a) of title 10, United States Code;
`(2) the term `civilian employee' has the meaning given the term `employee' in section 2105(a) of title 5, United States Code;
`(3) the term `medical transition', in the case of a member of the Armed Forces, means a member who--
`(A) is in Medical Holdover status;
`(B) is in Active Duty Medical Extension status;
`(C) is in Medical Hold status;
`(D) is in a status pending an evaluation by a medical evaluation board;
`(E) has a complex medical need requiring six or more months of medical treatment; or
`(F) is assigned or attached to an Army Warrior Transition Unit, an Air Force Patient Squadron, a Navy Patient Multidisciplinary Care Team, or a Marine Patient Affairs Team/Wounded Warrior Regiment; and
`(4) the term `nonappropriated fund instrumentality employee' means a civilian employee who--
`(A) is a citizen of the United States; and
`(B) is paid from nonappropriated funds of Army and Air Force Exchange Service, Navy Resale and Services Support Office, Marine Corps exchanges, or any other instrumentality of the United States under the jurisdiction of the Armed Forces which is conducted for the comfort, pleasure, contentment, or physical or mental improvement of members of the Armed Forces.'.
(b) Clerical Amendment- Such section is further amended in the section heading by inserting `and certain property owned by members of the armed forces, department of defense and united states coast guard civilian employees, and surviving spouses' after `ordered to be closed'.
(c) Authority to Use Appropriated Funds- Notwithstanding subsection (i) of such section, amounts appropriated or otherwise made available by this title under the heading `Homeowners Assistance Fund' may be used for the Homeowners Assistance Fund established under such section.
DEPARTMENT OF VETERANS AFFAIRS
Veterans Health Administration
medical support and compliance
For an additional amount for `Medical Support and Compliance', $5,000,000, to remain available until September 30, 2010, to support contract administration and energy initiative execution at the Veterans Health Administration.
medical facilities
For an additional amount for `Medical Facilities', $1,370,459,000, to remain available until September 30, 2010, of which $1,047,313,000 shall be for facility condition assessment deficiencies and non-recurring maintenance at existing medical facilities; and $323,146,000 shall be for energy efficiency initiatives.
national cemetery administration
For an additional amount for `National Cemetery Administration', $64,961,000, to remain available until September 30, 2010, of which $59,476,000 shall be for capital infrastructure and memorial and monument repairs; and $5,485,000 shall be for energy efficiency initiatives.
Departmental Administration
general operating expenses
For an additional amount for `General Operating Expenses', $1,125,000, to remain available until September 30, 2010, for additional Full Time Equivalent salary and expenses for major construction project administration and execution and energy initiative execution.
information technology systems
For an additional amount for `Information Technology Systems', $195,000,000, to remain available until September 30, 2010, of which $145,000,000 shall be for the Veterans Benefits Administration's development of paperless claims processing; and $50,000,000 shall be for the development of systems required to implement chapter 33 of title 38, United States Code.
office of inspector general
For an additional amount for `Office of Inspector General', $4,400,000, to remain available until September 30, 2011, for oversight and audit of programs, grants and projects funded under this title.
construction, major projects
For an additional amount for `Construction, Major Projects', $1,105,333,000, to remain available until September 30, 2013, which shall be for acceleration and construction of ongoing and planned construction, including physical security construction, of major medical facilities and National Cemeteries consistent with the Department of Veterans Affairs' Five Year Capital Plan: Provided, That notwithstanding any other provision of law, such funds may be obligated and expended to carry out planning and design and major medical facility construction not otherwise authorized by law: Provided further, That within 30 days of enactment of this Act the Secretary of Veterans Affairs shall submit to the Committees on Appropriations of both Houses of Congress an expenditure plan for funds provided under this heading prior to obligation.
construction, minor projects
For an additional amount for `Construction, Minor Projects', $939,836,000, to remain available until September 30, 2010, of which $860,742,000 shall be for Veterans Health Administration minor construction; $20,300,000 shall be for Veterans Benefits Administration minor construction, including $300,000 for energy efficiency initiatives; and $29,012,000 shall be for National Cemetery Administration minor construction.
grants for construction of state extended care facilities
For an additional amount for `Grants for Construction of State Extended Care Facilities', $257,986,000, to remain available until September 30, 2010, for grants to assist States to acquire or construct State nursing home and domiciliary facilities and to remodel, modify, or alter existing hospital, nursing home, and domiciliary facilities in State homes, for furnishing care to veterans as authorized by sections 8131 through 8137 of title 38, United States Code.
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