[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5822 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 494
111th CONGRESS
  2d Session
                                H. R. 5822


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 29, 2010

            Received; read twice and placed on the calendar

_______________________________________________________________________

                                 AN ACT


 
  Making appropriations for military construction, the Department of 
   Veterans Affairs, and related agencies for the fiscal year ending 
              September 30, 2011, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following sums 
are appropriated, out of any money in the Treasury not otherwise 
appropriated, for military construction, the Department of Veterans 
Affairs, and related agencies for the fiscal year ending September 30, 
2011, and for other purposes, namely:

                                TITLE I

                         DEPARTMENT OF DEFENSE

                      Military Construction, Army

    For acquisition, construction, installation, and equipment of 
temporary or permanent public works, military installations, 
facilities, and real property for the Army as currently authorized by 
law, including personnel in the Army Corps of Engineers and other 
personal services necessary for the purposes of this appropriation, and 
for construction and operation of facilities in support of the 
functions of the Commander in Chief, $4,051,512,000, to remain 
available until September 30, 2015, of which $190,000,000 shall be for 
trainee troop housing facilities: Provided, That of this amount, not to 
exceed $259,456,000 shall be available for study, planning, design, 
architect and engineer services, and host nation support, as authorized 
by law, unless the Secretary of the Army determines that additional 
obligations are necessary for such purposes and notifies the Committees 
on Appropriations of both Houses of Congress of the determination and 
the reasons therefor:  Provided further, That, not later than 30 days 
after the date of the 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 the funds provided for trainee troop 
housing facilities.

              Military Construction, Navy and Marine Corps

    For acquisition, construction, installation, and equipment of 
temporary or permanent public works, naval installations, facilities, 
and real property for the Navy and Marine Corps as currently authorized 
by law, including personnel in the Naval Facilities Engineering Command 
and other personal services necessary for the purposes of this 
appropriation, $3,587,376,000, to remain available until September 30, 
2015: Provided, That of this amount, not to exceed $123,750,000 shall 
be available for study, planning, design, and architect and engineer 
services, as authorized by law, unless the Secretary of the Navy 
determines that additional obligations are necessary for such purposes 
and notifies the Committees on Appropriations of both Houses of 
Congress of the determination and the reasons therefor.

                    Military Construction, Air Force

    For acquisition, construction, installation, and equipment of 
temporary or permanent public works, military installations, 
facilities, and real property for the Air Force as currently authorized 
by law, $1,276,385,000, to remain available until September 30, 2015: 
Provided, That of this amount, not to exceed $73,536,000 shall be 
available for study, planning, design, and architect and engineer 
services, as authorized by law, unless the Secretary of the Air Force 
determines that additional obligations are necessary for such purposes 
and notifies the Committees on Appropriations of both Houses of 
Congress of the determination and the reasons therefor.

                  Military Construction, Defense-wide

                     (including transfer of funds)

    For acquisition, construction, installation, and equipment of 
temporary or permanent public works, installations, facilities, and 
real property for activities and agencies of the Department of Defense 
(other than the military departments), as currently authorized by law, 
$2,999,612,000, to remain available until September 30, 2015: Provided, 
That such amounts of this appropriation as may be determined by the 
Secretary of Defense may be transferred to such appropriations of the 
Department of Defense available for military construction or family 
housing as the Secretary may designate, to be merged with and to be 
available for the same purposes, and for the same time period, as the 
appropriation or fund to which transferred: Provided further, That of 
the amount appropriated, not to exceed $434,217,000 shall be available 
for study, planning, design, and architect and engineer services, as 
authorized by law, unless the Secretary of Defense determines that 
additional obligations are necessary for such purposes and notifies the 
Committees on Appropriations of both Houses of Congress of the 
determination and the reasons therefor: Provided further, That of the 
amount appropriated, notwithstanding any other provision of law, 
$31,863,000 shall be available for payments to the North Atlantic 
Treaty Organization for the planning, design, and construction of a new 
North Atlantic Treaty Organization headquarters.

               Military Construction, Army National Guard

    For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the 
Army National Guard, and contributions therefor, as authorized by 
chapter 1803 of title 10, United States Code, and Military Construction 
Authorization Acts, $1,020,228,000, to remain available until September 
30, 2015, of which $60,000,000 shall be for critical unfunded 
requirements: Provided, That of the amount appropriated, not to exceed 
$57,182,000 shall be available for study, planning, design, and 
architect and engineer services, as authorized by law, unless the 
Director of the Army National Guard determines that additional 
obligations are necessary for such purposes and notifies the Committees 
on Appropriations of both Houses of Congress of the determination and 
the reasons therefor: Provided further, That, not later than 30 days 
after the date of the 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 the funds provided for 
critical unfunded requirements.

               Military Construction, Air National Guard

    For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the Air 
National Guard, and contributions therefor, as authorized by chapter 
1803 of title 10, United States Code, and Military Construction 
Authorization Acts, $292,386,000, to remain available until September 
30, 2015, of which $50,000,000 shall be for critical unfunded 
requirements: Provided, That of the amount appropriated, not to exceed 
$21,214,000 shall be available for study, planning, design, and 
architect and engineer services, as authorized by law, unless the 
Director of the Air National Guard determines that additional 
obligations are necessary for such purposes and notifies the Committees 
on Appropriations of both Houses of Congress of the determination and 
the reasons therefor: Provided further, That, not later than 30 days 
after the date of the 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 the funds provided for 
critical unfunded requirements.

                  Military Construction, Army Reserve

    For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the 
Army Reserve as authorized by chapter 1803 of title 10, United States 
Code, and Military Construction Authorization Acts, $358,325,000, to 
remain available until September 30, 2015, of which $30,000,000 shall 
be for critical unfunded requirements: Provided, That of the amount 
appropriated, not to exceed $26,250,000 shall be available for study, 
planning, design, and architect and engineer services, as authorized by 
law, unless the Secretary of the Army determines that additional 
obligations are necessary for such purposes and notifies the Committees 
on Appropriations of both Houses of Congress of the determination and 
the reasons therefor: Provided further, That, not later than 30 days 
after the date of the enactment of this Act, the Chief of Army Reserve 
shall submit to the Committees on Appropriations of both Houses of 
Congress an expenditure plan for the funds provided for critical 
unfunded requirements.

                  Military Construction, Navy Reserve

    For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the 
reserve components of the Navy and Marine Corps as authorized by 
chapter 1803 of title 10, United States Code, and Military Construction 
Authorization Acts, $91,557,000, to remain available until September 
30, 2015, of which $15,000,000 shall be for critical unfunded 
requirements of the Navy Reserve and $15,000,000 shall be for critical 
unfunded requirements of the Marine Forces Reserve: Provided, That of 
the amount appropriated, not to exceed $1,857,000 shall be available 
for study, planning, design, and architect and engineer services, as 
authorized by law, unless the Secretary of the Navy determines that 
additional obligations are necessary for such purposes and notifies the 
Committees on Appropriations of both Houses of Congress of the 
determination and the reasons therefor: Provided further, That, not 
later than 30 days after the date of the enactment of this Act, the 
Chief of Navy Reserve and the Commander, Marine Forces Reserve shall 
submit to the Committees on Appropriations of both Houses of Congress 
an expenditure plan for the funds provided for critical unfunded 
requirements.

                Military Construction, Air Force Reserve

    For construction, acquisition, expansion, rehabilitation, and 
conversion of facilities for the training and administration of the Air 
Force Reserve as authorized by chapter 1803 of title 10, United States 
Code, and Military Construction Authorization Acts, $48,182,000, to 
remain available until September 30, 2015, of which $30,000,000 shall 
be for critical unfunded requirements: Provided, That of the amount 
appropriated, not to exceed $2,503,000 shall be available for study, 
planning, design, and architect and engineer services, as authorized by 
law, unless the Secretary of the Air Force determines that additional 
obligations are necessary for such purposes and notifies the Committees 
on Appropriations of both Houses of Congress of the determination and 
the reasons therefor: Provided further, That, not later than 30 days 
after the date of the enactment of this Act, the Chief of Air Force 
Reserve shall submit to the Committees on Appropriations of both Houses 
of Congress an expenditure plan for the funds provided for critical 
unfunded requirements.

                   North Atlantic Treaty Organization

                      Security Investment Program

    For the United States share of the cost of the North Atlantic 
Treaty Organization Security Investment Program for the acquisition and 
construction of military facilities and installations (including 
international military headquarters) and for related expenses for the 
collective defense of the North Atlantic Treaty Area as authorized by 
section 2806 of title 10, United States Code, and Military Construction 
Authorization Acts, $258,884,000, to remain available until expended.

                   Family Housing Construction, Army

    For expenses of family housing for the Army for construction, 
including acquisition, replacement, addition, expansion, extension, and 
alteration, as authorized by law, $92,369,000, to remain available 
until September 30, 2015.

             Family Housing Operation and Maintenance, Army

    For expenses of family housing for the Army for operation and 
maintenance, including debt payment, leasing, minor construction, 
principal and interest charges, and insurance premiums, as authorized 
by law, $518,140,000.

           Family Housing Construction, Navy and Marine Corps

    For expenses of family housing for the Navy and Marine Corps for 
construction, including acquisition, replacement, addition, expansion, 
extension, and alteration, as authorized by law, $186,444,000, to 
remain available until September 30, 2015.

    Family Housing Operation and Maintenance, Navy and Marine Corps

    For expenses of family housing for the Navy and Marine Corps for 
operation and maintenance, including debt payment, leasing, minor 
construction, principal and interest charges, and insurance premiums, 
as authorized by law, $366,346,000.

                 Family Housing Construction, Air Force

    For expenses of family housing for the Air Force for construction, 
including acquisition, replacement, addition, expansion, extension, and 
alteration, as authorized by law, $78,025,000, to remain available 
until September 30, 2015.

          Family Housing Operation and Maintenance, Air Force

    For expenses of family housing for the Air Force for operation and 
maintenance, including debt payment, leasing, minor construction, 
principal and interest charges, and insurance premiums, as authorized 
by law, $513,792,000.

         Family Housing Operation and Maintenance, Defense-wide

    For expenses of family housing for the activities and agencies of 
the Department of Defense (other than the military departments) for 
operation and maintenance, leasing, and minor construction, as 
authorized by law, $50,464,000.

         Department of Defense Family Housing Improvement Fund

    For the Department of Defense Family Housing Improvement Fund, 
$1,096,000, to remain available until expended, for family housing 
initiatives undertaken pursuant to section 2883 of title 10, United 
States Code, providing alternative means of acquiring and improving 
military family housing and supporting facilities.

                       Homeowners Assistance Fund

    For the Homeowners Assistance Fund established by section 1013 of 
the Demonstration Cities and Metropolitan Development Act of 1966, as 
amended (42 U.S.C. 3374), $16,515,000, to remain available until 
expended.

          Chemical Demilitarization Construction, Defense-wide

    For expenses of construction, not otherwise provided for, necessary 
for the destruction of the United States stockpile of lethal chemical 
agents and munitions in accordance with section 1412 of the Department 
of Defense Authorization Act, 1986 (50 U.S.C. 1521), and for the 
destruction of other chemical warfare materials that are not in the 
chemical weapon stockpile, as currently authorized by law, 
$124,971,000, to remain available until September 30, 2015, which shall 
be only for the Assembled Chemical Weapons Alternatives program.

            Department of Defense Base Closure Account 1990

    For deposit into the Department of Defense Base Closure Account 
1990, established by section 2906(a)(1) of the Defense Base Closure and 
Realignment Act of 1990 (10 U.S.C. 2687 note), $460,474,000, to remain 
available until expended.

            Department of Defense Base Closure Account 2005

    For deposit into the Department of Defense Base Closure Account 
2005, established by section 2906A(a)(1) of the Defense Base Closure 
and Realignment Act of 1990 (10 U.S.C. 2687 note), $2,354,285,000, to 
remain available until expended: Provided, That the Department of 
Defense shall notify the Committees on Appropriations of both Houses of 
Congress 14 days prior to obligating an amount for a construction 
project that exceeds or reduces the amount identified for that project 
in the most recently submitted budget request for this account by 20 
percent or $2,000,000, whichever is less: Provided further, That the 
previous proviso shall not apply to projects costing less than 
$5,000,000, except for those projects not previously identified in any 
budget submission for this account and exceeding the minor construction 
threshold under section 2805 of title 10, United States Code.

                       Administrative Provisions

    Sec. 101.  None of the funds made available in this title shall be 
expended for payments under a cost-plus-a-fixed-fee contract for 
construction, where cost estimates exceed $25,000, to be performed 
within the United States, except Alaska, without the specific approval 
in writing of the Secretary of Defense setting forth the reasons 
therefor.
    Sec. 102.  Funds made available in this title for construction 
shall be available for hire of passenger motor vehicles.
    Sec. 103.  Funds made available in this title for construction may 
be used for advances to the Federal Highway Administration, Department 
of Transportation, for the construction of access roads as authorized 
by section 210 of title 23, United States Code, when projects 
authorized therein are certified as important to the national defense 
by the Secretary of Defense.
    Sec. 104.  None of the funds made available in this title may be 
used to begin construction of new bases in the United States for which 
specific appropriations have not been made.
    Sec. 105.  None of the funds made available in this title shall be 
used for purchase of land or land easements in excess of 100 percent of 
the value as determined by the Army Corps of Engineers or the Naval 
Facilities Engineering Command, except: (1) where there is a 
determination of value by a Federal court; (2) purchases negotiated by 
the Attorney General or the designee of the Attorney General; (3) where 
the estimated value is less than $25,000; or (4) as otherwise 
determined by the Secretary of Defense to be in the public interest.
    Sec. 106.  None of the funds made available in this title shall be 
used to: (1) acquire land; (2) provide for site preparation; or (3) 
install utilities for any family housing, except housing for which 
funds have been made available in annual Acts making appropriations for 
military construction.
    Sec. 107.  None of the funds made available in this title for minor 
construction may be used to transfer or relocate any activity from one 
base or installation to another, without prior notification to the 
Committees on Appropriations of both Houses of Congress.
    Sec. 108.  None of the funds made available in this title may be 
used for the procurement of steel for any construction project or 
activity for which American steel producers, fabricators, and 
manufacturers have been denied the opportunity to compete for such 
steel procurement.
    Sec. 109.  None of the funds available to the Department of Defense 
for military construction or family housing during the current fiscal 
year may be used to pay real property taxes in any foreign nation.
    Sec. 110.  None of the funds made available in this title may be 
used to initiate a new installation overseas without prior notification 
to the Committees on Appropriations of both Houses of Congress.
    Sec. 111.  None of the funds made available in this title may be 
obligated for architect and engineer contracts estimated by the 
Government to exceed $500,000 for projects to be accomplished in Japan, 
in any North Atlantic Treaty Organization member country, or in 
countries within the United States Central Command Area of 
Responsibility, unless such contracts are awarded to United States 
firms or United States firms in joint venture with host nation firms.
    Sec. 112.  None of the funds made available in this title for 
military construction in the United States territories and possessions 
in the Pacific and on Kwajalein Atoll, or in countries within the 
United States Central Command Area of Responsibility, may be used to 
award any contract estimated by the Government to exceed $1,000,000 to 
a foreign contractor: Provided, That this section shall not be 
applicable to contract awards for which the lowest responsive and 
responsible bid of a United States contractor exceeds the lowest 
responsive and responsible bid of a foreign contractor by greater than 
20 percent: Provided further, That this section shall not apply to 
contract awards for military construction on Kwajalein Atoll for which 
the lowest responsive and responsible bid is submitted by a Marshallese 
contractor.
    Sec. 113.  The Secretary of Defense is to inform the appropriate 
committees of both Houses of Congress, including the Committees on 
Appropriations, of the plans and scope of any proposed military 
exercise involving United States personnel 30 days prior to its 
occurring, if amounts expended for construction, either temporary or 
permanent, are anticipated to exceed $100,000.
    Sec. 114.  Not more than 20 percent of the funds made available in 
this title which are limited for obligation during the current fiscal 
year shall be obligated during the last two months of the fiscal year.
    Sec. 115.  Funds appropriated to the Department of Defense for 
construction in prior years shall be available for construction 
authorized for each such military department by the authorizations 
enacted into law during the current session of Congress.
    Sec. 116.  For military construction or family housing projects 
that are being completed with funds otherwise expired or lapsed for 
obligation, expired or lapsed funds may be used to pay the cost of 
associated supervision, inspection, overhead, engineering and design on 
those projects and on subsequent claims, if any.
    Sec. 117.  Notwithstanding any other provision of law, any funds 
made available to a military department or defense agency for the 
construction of military projects may be obligated for a military 
construction project or contract, or for any portion of such a project 
or contract, at any time before the end of the fourth fiscal year after 
the fiscal year for which funds for such project were made available, 
if the funds obligated for such project: (1) are obligated from funds 
available for military construction projects; and (2) do not exceed the 
amount appropriated for such project, plus any amount by which the cost 
of such project is increased pursuant to law.

                     (including transfer of funds)

    Sec. 118.  In addition to any other transfer authority available to 
the Department of Defense, proceeds deposited to the Department of 
Defense Base Closure Account established by section 207(a)(1) of the 
Defense Authorization Amendments and Base Closure and Realignment Act 
(10 U.S.C. 2687 note) pursuant to section 207(a)(2)(C) of such Act, may 
be transferred to the account established by section 2906(a)(1) of the 
Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note), 
to be merged with, and to be available for the same purposes and the 
same time period as that account.

                     (including transfer of funds)

    Sec. 119.  Subject to 30 days prior notification, or 14 days for a 
notification provided in an electronic medium pursuant to sections 480 
and 2883, of title 10, United States Code, to the Committees on 
Appropriations of both Houses of Congress, such additional amounts as 
may be determined by the Secretary of Defense may be transferred to: 
(1) the Department of Defense Family Housing Improvement Fund from 
amounts appropriated for construction in ``Family Housing'' accounts, 
to be merged with and to be available for the same purposes and for the 
same period of time as amounts appropriated directly to the Fund; or 
(2) the Department of Defense Military Unaccompanied Housing 
Improvement Fund from amounts appropriated for construction of military 
unaccompanied housing in ``Military Construction'' accounts, to be 
merged with and to be available for the same purposes and for the same 
period of time as amounts appropriated directly to the Fund: Provided, 
That appropriations made available to the Funds shall be available to 
cover the costs, as defined in section 502(5) of the Congressional 
Budget Act of 1974, of direct loans or loan guarantees issued by the 
Department of Defense pursuant to the provisions of subchapter IV of 
chapter 169 of title 10, United States Code, pertaining to alternative 
means of acquiring and improving military family housing, military 
unaccompanied housing, and supporting facilities.
    Sec. 120. (a) Not later than 60 days before issuing any 
solicitation for a contract with the private sector for military family 
housing the Secretary of the military department concerned shall submit 
to the Committees on Appropriations of both Houses of Congress the 
notice described in subsection (b).
    (b)(1) A notice referred to in subsection (a) is a notice of any 
guarantee (including the making of mortgage or rental payments) 
proposed to be made by the Secretary to the private party under the 
contract involved in the event of--
            (A) the closure or realignment of the installation for 
        which housing is provided under the contract;
            (B) a reduction in force of units stationed at such 
        installation; or
            (C) the extended deployment overseas of units stationed at 
        such installation.
    (2) Each notice under this subsection shall specify the nature of 
the guarantee involved and assess the extent and likelihood, if any, of 
the liability of the Federal Government with respect to the guarantee.

                     (including transfer of funds)

    Sec. 121.  In addition to any other transfer authority available to 
the Department of Defense, amounts may be transferred from the accounts 
established by sections 2906(a)(1) and 2906A(a)(1) of the Defense Base 
Closure and Realignment Act of 1990 (10 U.S.C. 2687 note), to the fund 
established by section 1013(d) of the Demonstration Cities and 
Metropolitan Development Act of 1966 (42 U.S.C. 3374) to pay for 
expenses associated with the Homeowners Assistance Program incurred 
under 42 U.S.C. 3374(a)(1)(A). Any amounts transferred shall be merged 
with and be available for the same purposes and for the same time 
period as the fund to which transferred.
    Sec. 122.  Notwithstanding any other provision of law, funds made 
available in this title for operation and maintenance of family housing 
shall be the exclusive source of funds for repair and maintenance of 
all family housing units, including general or flag officer quarters: 
Provided, That not more than $35,000 per unit may be spent annually for 
the maintenance and repair of any general or flag officer quarters 
without 30 days prior notification, or 14 days for a notification 
provided in an electronic medium pursuant to sections 480 and 2883 of 
title 10, United States Code, to the Committees on Appropriations of 
both Houses of Congress, except that an after-the-fact notification 
shall be submitted if the limitation is exceeded solely due to costs 
associated with environmental remediation that could not be reasonably 
anticipated at the time of the budget submission: Provided further, 
That the Under Secretary of Defense (Comptroller) is to report annually 
to the Committees on Appropriations of both Houses of Congress all 
operation and maintenance expenditures for each individual general or 
flag officer quarters for the prior fiscal year.
    Sec. 123.  Amounts contained in the Ford Island Improvement Account 
established by subsection (h) of section 2814 of title 10, United 
States Code, are appropriated and shall be available until expended for 
the purposes specified in subsection (i)(1) of such section or until 
transferred pursuant to subsection (i)(3) of such section.
    Sec. 124.  None of the funds made available in this title, or in 
any Act making appropriations for military construction which remain 
available for obligation, may be obligated or expended to carry out a 
military construction, land acquisition, or family housing project at 
or for a military installation approved for closure, or at a military 
installation for the purposes of supporting a function that has been 
approved for realignment to another installation, in 2005 under the 
Defense Base Closure and Realignment Act of 1990 (part A of title XXIX 
of Public Law 101-510; 10 U.S.C. 2687 note), unless such a project at a 
military installation approved for realignment will support a 
continuing mission or function at that installation or a new mission or 
function that is planned for that installation, or unless the Secretary 
of Defense certifies that the cost to the United States of carrying out 
such project would be less than the cost to the United States of 
cancelling such project, or if the project is at an active component 
base that shall be established as an enclave or in the case of projects 
having multi-agency use, that another Government agency has indicated 
it will assume ownership of the completed project. The Secretary of 
Defense may not transfer funds made available as a result of this 
limitation from any military construction project, land acquisition, or 
family housing project to another account or use such funds for another 
purpose or project without the prior approval of the Committees on 
Appropriations of both Houses of Congress. This section shall not apply 
to military construction projects, land acquisition, or family housing 
projects for which the project is vital to the national security or the 
protection of health, safety, or environmental quality: Provided, That 
the Secretary of Defense shall notify the congressional defense 
committees within seven days of a decision to carry out such a military 
construction project.

                     (including transfer of funds)

    Sec. 125.  During the 5-year period after appropriations available 
in this Act to the Department of Defense for military construction and 
family housing operation and maintenance and construction have expired 
for obligation, upon a determination that such appropriations will not 
be necessary for the liquidation of obligations or for making 
authorized adjustments to such appropriations for obligations incurred 
during the period of availability of such appropriations, unobligated 
balances of such appropriations may be transferred into the 
appropriation ``Foreign Currency Fluctuations, Construction, Defense'', 
to be merged with and to be available for the same time period and for 
the same purposes as the appropriation to which transferred.
    Sec. 126.  None 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 Pinon Canyon 
Maneuver Site, Colorado.
    Sec. 127.  Amounts appropriated or otherwise made available in an 
account funded under the headings in this title may be transferred 
among projects and activities within the account in accordance with the 
reprogramming guidelines for military construction and family housing 
construction contained in the report of the Committee on Appropriations 
of the House of Representatives to accompany this bill and in the 
guidance for military construction reprogrammings and notifications 
contained in Department of Defense Financial Management Regulation 
7000.14-R, Volume 3, Chapter 7, of December 1996, as in effect on the 
date of enactment of this Act.

                                TITLE II

                     DEPARTMENT OF VETERANS AFFAIRS

                    Veterans Benefits Administration

                       compensation and pensions

                     (including transfer of funds)

    For the payment of compensation benefits to or on behalf of 
veterans and a pilot program for disability examinations as authorized 
by section 107 and chapters 11, 13, 18, 51, 53, 55, and 61 of title 38, 
United States Code; pension benefits to or on behalf of veterans as 
authorized by chapters 15, 51, 53, 55, and 61 of title 38, United 
States Code; and burial benefits, the Reinstated Entitlement Program 
for Survivors, emergency and other officers' retirement pay, adjusted-
service credits and certificates, payment of premiums due on commercial 
life insurance policies guaranteed under the provisions of title IV of 
the Servicemembers Civil Relief Act (50 U.S.C. App. 541 et seq.) and 
for other benefits as authorized by sections 107, 1312, 1977, and 2106, 
and chapters 23, 51, 53, 55, and 61 of title 38, United States Code, 
$53,492,234,000, to remain available until expended: Provided, That not 
to exceed $30,423,000 of the amount appropriated under this heading 
shall be reimbursed to ``General operating expenses'', ``Medical 
support and compliance'', and ``Information technology systems'' for 
necessary expenses in implementing the provisions of chapters 51, 53, 
and 55 of title 38, United States Code, the funding source for which is 
specifically provided as the ``Compensation and pensions'' 
appropriation: Provided further, That such sums as may be earned on an 
actual qualifying patient basis, shall be reimbursed to ``Medical care 
collections fund'' to augment the funding of individual medical 
facilities for nursing home care provided to pensioners as authorized.

                         readjustment benefits

    For the payment of readjustment and rehabilitation benefits to or 
on behalf of veterans as authorized by chapters 21, 30, 31, 33, 34, 35, 
36, 39, 51, 53, 55, and 61 of title 38, United States Code, 
$10,440,245,000, to remain available until expended: Provided, That 
expenses for rehabilitation program services and assistance which the 
Secretary is authorized to provide under subsection (a) of section 3104 
of title 38, United States Code, other than under paragraphs (1), (2), 
(5), and (11) of that subsection, shall be charged to this account.

                   veterans insurance and indemnities

    For military and naval insurance, national service life insurance, 
servicemen's indemnities, service-disabled veterans insurance, and 
veterans mortgage life insurance as authorized by title 38, United 
States Code, chapters 19 and 21, $62,589,000, to remain available until 
expended.

                 veterans housing benefit program fund

    For the cost of direct and guaranteed loans, such sums as may be 
necessary to carry out the program, as authorized by subchapters I 
through III of chapter 37 of title 38, United States Code: Provided, 
That such costs, including the cost of modifying such loans, shall be 
as defined in section 502 of the Congressional Budget Act of 1974: 
Provided further, That during fiscal year 2011, within the resources 
available, not to exceed $500,000 in gross obligations for direct loans 
are authorized for specially adapted housing loans.
    In addition, for administrative expenses to carry out the direct 
and guaranteed loan programs, $163,646,000.

            vocational rehabilitation loans program account

    For the cost of direct loans, $48,000, 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 
$3,042,000.
    In addition, for administrative expenses necessary to carry out the 
direct loan program, $337,000, which may be paid to the appropriation 
for ``General operating expenses''.

          native american veteran housing loan program account

    For administrative expenses to carry out the direct loan program 
authorized by subchapter V of chapter 37 of title 38, United States 
Code, $707,000.

                     Veterans Health Administration

                            medical services

                     (including transfer of funds)

    For necessary expenses for furnishing, as authorized by law, 
inpatient and outpatient care and treatment to beneficiaries of the 
Department of Veterans Affairs and veterans described in section 
1705(a) of title 38, United States Code, including care and treatment 
in facilities not under the jurisdiction of the Department, and 
including medical supplies and equipment, food services, and salaries 
and expenses of health care employees hired under title 38, United 
States Code, aid to State homes as authorized by section 1741 of title 
38, United States Code, assistance and support services for caregivers 
as authorized by section 1720G of title 38, United States Code, and 
loan repayments authorized by section 604 of Public Law 111-163, 
$39,649,985,000, plus reimbursements, shall become available on October 
1, 2011, and shall remain available until September 30, 2012: Provided, 
That, of the amount made available under this heading $1,015,000,000 
shall remain available until September 30, 2013: Provided further, 
That, notwithstanding any other provision of law, the Secretary of 
Veterans Affairs shall establish a priority for the provision of 
medical treatment for veterans who have service-connected disabilities, 
lower income, or have special needs: Provided further, That, 
notwithstanding any other provision of law, the Secretary of Veterans 
Affairs shall give priority funding for the provision of basic medical 
benefits to veterans in enrollment priority groups 1 through 6: 
Provided further, That, notwithstanding any other provision of law, the 
Secretary of Veterans Affairs may authorize the dispensing of 
prescription drugs from Veterans Health Administration facilities to 
enrolled veterans with privately written prescriptions based on 
requirements established by the Secretary: Provided further, That the 
implementation of the program described in the previous proviso shall 
incur no additional cost to the Department of Veterans Affairs.

                     medical support and compliance

    For necessary expenses in the administration of the medical, 
hospital, nursing home, domiciliary, construction, supply, and research 
activities, as authorized by law; administrative expenses in support of 
capital policy activities; and administrative and legal expenses of the 
Department for collecting and recovering amounts owed the Department as 
authorized under chapter 17 of title 38, United States Code, and the 
Federal Medical Care Recovery Act (42 U.S.C. 2651 et seq.); 
$5,535,000,000, plus reimbursements, shall become available on October 
1, 2011, and shall remain available until September 30, 2012: Provided, 
That, of the amount made available under this heading, $145,000,000 
shall remain available until September 30, 2013.

                           medical facilities

    For necessary expenses for the maintenance and operation of 
hospitals, nursing homes, and domiciliary facilities and other 
necessary facilities of the Veterans Health Administration; for 
administrative expenses in support of planning, design, project 
management, real property acquisition and disposition, construction, 
and renovation of any facility under the jurisdiction or for the use of 
the Department; for oversight, engineering, and architectural 
activities not charged to project costs; for repairing, altering, 
improving, or providing facilities in the several hospitals and homes 
under the jurisdiction of the Department, not otherwise provided for, 
either by contract or by the hire of temporary employees and purchase 
of materials; for leases of facilities; and for laundry services, 
$5,426,000,000, plus reimbursements, shall become available on October 
1, 2011, and shall remain available until September 30, 2012: Provided, 
That, of the amount made available under this heading, $145,000,000 
shall remain available until September 30, 2013: Provided further, 
That, of the amount available for fiscal year 2012, $130,000,000 for 
non-recurring maintenance shall be allocated in a manner not subject to 
the Veterans Equitable Resource Allocation.

                    medical and prosthetic research

    For necessary expenses in carrying out programs of medical and 
prosthetic research and development as authorized by chapter 73 of 
title 38, United States Code, $590,000,000, plus reimbursements, shall 
remain available until September 30, 2012.

                    National Cemetery Administration

    For necessary expenses of the National Cemetery Administration for 
operations and maintenance, not otherwise provided for, including 
uniforms or allowances therefor; cemeterial expenses as authorized by 
law; purchase of one passenger motor vehicle for use in cemeterial 
operations; hire of passenger motor vehicles; and repair, alteration or 
improvement of facilities under the jurisdiction of the National 
Cemetery Administration, $259,004,000, of which not to exceed 
$24,200,000 shall remain available until September 30, 2012.

                      Departmental Administration

                       general operating expenses

    For necessary operating expenses of the Department of Veterans 
Affairs, not otherwise provided for, including administrative expenses 
in support of Department-wide capital planning, management and policy 
activities, uniforms, or allowances therefor; not to exceed $25,000 for 
official reception and representation expenses; hire of passenger motor 
vehicles; and reimbursement of the General Services Administration for 
security guard services, and the Department of Defense for the cost of 
overseas employee mail, $2,601,389,000 (reduced by $20,000,000) 
(increased by $20,000,000) (reduced by $100,000) (increased by 
$100,000) (reduced by $10,000,000) (reduced by $50,000) (increased by 
$50,000) (reduced by $150,000) (increased by $150,000): Provided, That 
expenses for services and assistance authorized under paragraphs (1), 
(2), (5), and (11) of section 3104(a) of title 38, United States Code, 
that the Secretary of Veterans Affairs determines are necessary to 
enable entitled veterans: (1) to the maximum extent feasible, to become 
employable and to obtain and maintain suitable employment; or (2) to 
achieve maximum independence in daily living, shall be charged to this 
account: Provided further, That the Veterans Benefits Administration 
shall be funded at not less than $2,162,776,000: Provided further, That 
of the funds made available under this heading, not to exceed 
$111,000,000 shall remain available until September 30, 2012: Provided 
further, That from the funds made available under this heading, the 
Veterans Benefits Administration may purchase (on a one-for-one 
replacement basis only) up to two passenger motor vehicles for use in 
operations of that Administration in Manila, Philippines: Provided 
further, That of the funds made available under this heading, 
$10,000,000 shall be available to increase the number of Department of 
Veterans Affairs employees who administer benefits under chapter 31 of 
title 38, United States Code: Provided further, That of the funds made 
available under this heading, $8,000,000 shall be available to fund the 
adaptive sports grant program under section 521A of title 38, United 
States Code, and $2,000,000 shall be available to carry out section 322 
of title 38, United States Code.

                     information technology systems

    For necessary expenses for information technology systems and 
telecommunications support, including developmental information systems 
and operational information systems; for pay and associated costs; and 
for the capital asset acquisition of information technology systems, 
including management and related contractual costs of said 
acquisitions, including contractual costs associated with operations 
authorized by section 3109 of title 5, United States Code, 
$3,222,000,000, plus reimbursements, shall remain available until 
September 30, 2012: Provided, That none of the funds made available 
under this heading may be obligated until the Department of Veterans 
Affairs submits to the Committees on Appropriations of both Houses of 
Congress, and such Committees approve, a plan for expenditure that: (1) 
meets the capital planning and investment control review requirements 
established by the Office of Management and Budget; (2) complies with 
the Department of Veterans Affairs enterprise architecture; (3) 
conforms with an established enterprise life cycle methodology; and (4) 
complies with the acquisition rules, requirements, guidelines, and 
systems acquisition management practices of the Federal Government: 
Provided further, That not later than 30 days after the date of the 
enactment of this Act, the Secretary of Veterans Affairs shall submit 
to the Committees on Appropriations of both Houses of Congress a 
reprogramming base letter which sets forth, by project, the operations 
and maintenance costs, with salary expenses separately designated, and 
development costs to be carried out utilizing amounts made available 
under this heading.

                      office of inspector general

    For necessary expenses of the Office of Inspector General, to 
include information technology, in carrying out the provisions of the 
Inspector General Act of 1978 (5 U.S.C. App.), $115,367,000, of which 
$6,000,000 shall remain available until September 30, 2012.

                      construction, major projects

    For constructing, altering, extending, and improving any of the 
facilities, including parking projects, under the jurisdiction or for 
the use of the Department of Veterans Affairs, or for any of the 
purposes set forth in sections 316, 2404, 2406, 8102, 8103, 8106, 8108, 
8109, 8110, and 8122 of title 38, United States Code, including 
planning, architectural and engineering services, construction 
management services, maintenance or guarantee period services costs 
associated with equipment guarantees provided under the project, 
services of claims analysts, offsite utility and storm drainage system 
construction costs, and site acquisition, where the estimated cost of a 
project is more than the amount set forth in section 8104(a)(3)(A) of 
title 38, United States Code, or where funds for a project were made 
available in a previous major project appropriation, $1,166,036,000 
(increased by $10,000,000), to remain available until expended, of 
which $6,000,000 shall be to make reimbursements as provided in section 
13 of the Contract Disputes Act of 1978 (41 U.S.C. 612) for claims paid 
for contract disputes: Provided, That except for advance planning 
activities, including needs assessments which may or may not lead to 
capital investments, and other capital asset management related 
activities, including portfolio development and management activities, 
and investment strategy studies funded through the advance planning 
fund and the planning and design activities funded through the design 
fund, including needs assessments which may or may not lead to capital 
investments, and salaries and associated costs of the resident 
engineers who oversee those capital investments funded through this 
account, and funds provided for the purchase of land for the National 
Cemetery Administration through the land acquisition line item, none of 
the funds made available under this heading shall be used for any 
project which has not been approved by the Congress in the budgetary 
process: Provided further, That funds made available under this heading 
for fiscal year 2011, for each approved project shall be obligated: (1) 
by the awarding of a construction documents contract by September 30, 
2011; and (2) by the awarding of a construction contract by September 
30, 2012: Provided further, That the Secretary of Veterans Affairs 
shall promptly submit to the Committees on Appropriations of both 
Houses of Congress a written report on any approved major construction 
project for which obligations are not incurred within the time 
limitations established above.

                      construction, minor projects

    For constructing, altering, extending, and improving any of the 
facilities, including parking projects, under the jurisdiction or for 
the use of the Department of Veterans Affairs, including planning and 
assessments of needs which may lead to capital investments, 
architectural and engineering services, maintenance or guarantee period 
services costs associated with equipment guarantees provided under the 
project, services of claims analysts, offsite utility and storm 
drainage system construction costs, and site acquisition, or for any of 
the purposes set forth in sections 316, 2404, 2406, 8102, 8103, 8106, 
8108, 8109, 8110, 8122, and 8162 of title 38, United States Code, where 
the estimated cost of a project is equal to or less than the amount set 
forth in section 8104(a)(3)(A) of title 38, United States Code, 
$507,700,000, 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 
minimize further loss by such causes: Provided further, That of the 
funds made available under this heading, $162,734,000 shall be for 
renewable energy projects at Department of Veterans Affairs medical 
facility campuses pursuant to section 8103 of title 38, United States 
Code.

       grants for construction of state extended care facilities

    For grants to assist States to acquire or construct State nursing 
home and domiciliary facilities and to remodel, modify, or alter 
existing hospital, nursing home, and domiciliary facilities in State 
homes, for furnishing care to veterans as authorized by sections 8131 
through 8137 of title 38, United States Code, $85,000,000, to remain 
available until expended.

          grants for construction of state veterans cemeteries

    For grants to assist States in establishing, expanding, or 
improving State veterans cemeteries as authorized by section 2408 of 
title 38, United States Code, $46,000,000, to remain available until 
expended.

                       Administrative Provisions

                     (including transfer of funds)

    Sec. 201.  Any appropriation for fiscal year 2011 for 
``Compensation and pensions'', ``Readjustment benefits'', and 
``Veterans insurance and indemnities'' may be transferred as necessary 
to any other of the mentioned appropriations: Provided, That before a 
transfer may take place, the Secretary of Veterans Affairs shall 
request from the Committees on Appropriations of both Houses of 
Congress the authority to make the transfer and such Committees issue 
an approval, or absent a response, a period of 30 days has elapsed.

                     (including transfer of funds)

    Sec. 202.  Amounts made available for the Department of Veterans 
Affairs for fiscal year 2011, in this Act or any other Act, under the 
``Medical services'', ``Medical support and compliance'', and ``Medical 
facilities'' accounts may be transferred among the accounts: Provided, 
That any transfers between the ``Medical services'' and ``Medical 
support and compliance'' accounts of 1 percent or less of the total 
amount appropriated to the account in this or any other Act may take 
place subject to notification from the Secretary of Veterans Affairs to 
the Committees on Appropriations of both Houses of Congress of the 
amount and purpose of the transfer: Provided further, That any 
transfers between the ``Medical services'' and ``Medical support and 
compliance'' accounts in excess of 1 percent, or exceeding the 
cumulative 1 percent for the fiscal year, may take place only after the 
Secretary requests from the Committees on Appropriations of both Houses 
of Congress the authority to make the transfer and an approval is 
issued: Provided further, That any 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 3109 of 
title 5, United States Code, hire of passenger motor vehicles; lease of 
a facility or land or both; and uniforms or allowances therefore, as 
authorized by sections 5901 through 5902 of title 5, United States 
Code.
    Sec. 204.  No appropriations in this title (except the 
appropriations for ``Construction, major projects'', and 
``Construction, minor projects'') shall be available for the purchase 
of any site for or toward the construction of any new hospital or home.
    Sec. 205.  No appropriations in this title shall be available for 
hospitalization or examination of any persons (except beneficiaries 
entitled to such hospitalization or examination under the laws 
providing such benefits to veterans, and persons receiving such 
treatment under sections 7901 through 7904 of title 5, United States 
Code, or the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5121 et seq.)), unless reimbursement of the 
cost of such hospitalization or examination is made to the ``Medical 
services'' account at such rates as may be fixed by the Secretary of 
Veterans Affairs.
    Sec. 206.  Appropriations available in this title for 
``Compensation and pensions'', ``Readjustment benefits'', and 
``Veterans insurance and indemnities'' shall be available for payment 
of prior year accrued obligations required to be recorded by law 
against the corresponding prior year accounts within the last quarter 
of fiscal year 2010.
    Sec. 207.  Appropriations available in this title shall be 
available to pay prior year obligations of corresponding prior year 
appropriations accounts resulting from sections 3328(a), 3334, and 
3712(a) of title 31, United States Code, except that if such 
obligations are from trust fund accounts they shall be payable only 
from ``Compensation and pensions''.

                     (including transfer of funds)

    Sec. 208.  Notwithstanding any other provision of law, during 
fiscal year 2011, the Secretary of Veterans Affairs shall, from the 
National Service Life Insurance Fund 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 
Government 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: Provided, That reimbursement shall be made only from the 
surplus earnings accumulated in such an insurance program during fiscal 
year 2011 that are available for dividends in that program after claims 
have been paid and actuarially determined reserves have been set aside: 
Provided further, That if the cost of administration of such an 
insurance program exceeds the amount of surplus earnings accumulated in 
that program, reimbursement shall be made only to the extent of such 
surplus earnings: Provided further, That the Secretary shall determine 
the cost of administration for fiscal year 2011 which is properly 
allocable to the provision of each such insurance program and to the 
provision of any total disability income insurance included in that 
insurance program.
    Sec. 209.  Amounts deducted from enhanced-use lease proceeds to 
reimburse an account for expenses incurred by that account during a 
prior fiscal year for providing enhanced-use lease services, may be 
obligated during the fiscal year in which the proceeds are received.

                     (including transfer of funds)

    Sec. 210.  Funds available in this title or funds for salaries and 
other administrative expenses shall also be available to reimburse the 
Office of Resolution Management of the Department of Veterans Affairs 
and the Office of Employment Discrimination Complaint Adjudication 
under section 319 of title 38, United States Code, for all services 
provided at rates which will recover actual costs but not exceed 
$35,794,000 for the Office of Resolution Management and $3,354,000 for 
the Office of Employment and Discrimination Complaint Adjudication: 
Provided, That payments may be made in advance for services to be 
furnished based on estimated costs: Provided further, That amounts 
received shall be credited to the ``General operating expenses'' and 
``Information technology systems'' accounts for use by the office that 
provided the service.
    Sec. 211.  No appropriations in this title shall be available to 
enter into any new lease of real property if the estimated annual 
rental cost is more than $1,000,000, unless the Secretary submits a 
report which the Committees on Appropriations of both Houses of 
Congress approve within 30 days following the date on which the report 
is received.
    Sec. 212.  No funds of the Department of Veterans Affairs shall be 
available for hospital care, nursing home care, or medical services 
provided to any person under chapter 17 of title 38, United States 
Code, for a non-service-connected disability described in section 
1729(a)(2) of such title, unless that person has disclosed to the 
Secretary of Veterans Affairs, in such form as the Secretary may 
require, current, accurate third-party reimbursement information for 
purposes of section 1729 of such title: Provided, That the Secretary 
may recover, in the same manner as any other debt due the United 
States, the reasonable charges for such care or services from any 
person who does not make such disclosure as required: Provided further, 
That any amounts so recovered for care or services provided in a prior 
fiscal year may be obligated by the Secretary during the fiscal year in 
which amounts are received.

                     (including transfer of funds)

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

                     (including transfer of funds)

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

                     (including transfer of funds)

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

                     (including transfer of funds)

    Sec. 220.  Amounts made available under the ``Medical services'', 
``Medical support and compliance'', ``Medical facilities'', ``General 
operating expenses'', and ``National Cemetery Administration'' accounts 
for fiscal year 2011, may be transferred to or from the ``Information 
technology systems'' account: Provided, That before a transfer may take 
place, the Secretary of Veterans Affairs shall request from the 
Committees on Appropriations of both Houses of Congress the authority 
to make the transfer and an approval is issued.

                     (including transfer of funds)

    Sec. 221.  Amounts made available for the ``Information technology 
systems'' account may be transferred between projects: Provided, That 
no project may be increased or decreased by more than $1,000,000 of 
cost prior to submitting a request to the Committees on Appropriations 
of both Houses of Congress to make the transfer and an approval is 
issued, or absent a response, a period of 30 days has elapsed.
    Sec. 222.  None of the funds appropriated or otherwise made 
available by this Act or any other Act for the Department of Veterans 
Affairs may be used in a manner that is inconsistent with--
            (1) section 842 of the Transportation, Treasury, Housing 
        and Urban Development, the Judiciary, the District of Columbia, 
        and Independent Agencies Appropriations Act, 2006 (Public Law 
        109-115; 119 Stat. 2506); or
            (2) section 8110(a)(5) of title 38, United States Code.
    Sec. 223.  Of the amounts made available to the Department of 
Veterans Affairs for fiscal year 2011, in this Act or any other Act, 
under the ``Medical facilities'' account for non-recurring maintenance, 
not more than 20 percent of the funds made available shall be obligated 
during the last 2 months of that fiscal year: Provided, That the 
Secretary may waive this requirement after providing written notice to 
the Committees on Appropriations of both Houses of Congress.
    Sec. 224.  Of 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.

                     (including transfer of funds)

    Sec. 225.  Of the amounts appropriated to the Department of 
Veterans Affairs in this Act, and any other Act, for ``Medical 
services'', ``Medical support and compliance'', ``Medical facilities'', 
``Construction, minor projects'', and ``Information technology 
systems'', such sums as may be necessary, plus reimbursements, may be 
transferred to the Joint Department of Defense-Department of Veterans 
Affairs Medical Facility Demonstration Fund, established by section 
1704 of title XVII of division A of Public Law 111-84, and shall be 
available to fund operations of the integrated Captain James A. Lovell 
Federal Health Care Center, consisting of the North Chicago Veteran 
Affairs Medical Center, and Navy Ambulatory Care Center, and supporting 
facilities designated as a combined Federal medical facility as 
described by Section 706 of Public Law 110-417.

                     (including transfer of funds)

    Sec. 226.  Such sums as may be deposited to the Medical Care 
Collections Fund pursuant to section 1729A of title 38, United States 
Code, for health care provided at the Captain James A. Lovell Federal 
Health Care Center may be transferred to the Joint Department of 
Defense-Department of Veterans Affairs Medical Facility Demonstration 
Fund, established by section 1704 of title XVII of division A of Public 
Law 111-84, and shall be available to fund operations of the integrated 
Captain James A. Lovell Federal Health Care Center, consisting of the 
North Chicago Veteran Affairs Medical Center, and Navy Ambulatory Care 
Center, and supporting facilities designated as a combined Federal 
medical facility as described by section 1706 of Public Law 110-417.

                     (including transfer of funds)

    Sec. 227.  Of the amounts available in this title for ``Medical 
services'', ``Medical support and compliance'', and ``Medical 
facilities'', a minimum of $15,000,000, shall be transferred to the 
Department of Defense/Department of Veterans Affairs Health Care 
Sharing Incentive Fund, as authorized by section 8111(d) of title 38, 
United States Code, to remain available until expended, for any purpose 
authorized by section 8111 of title 38, United States Code.

                    (including rescission of funds)

    Sec. 228. (a) Of the funds appropriated in the Military 
Construction and Veterans Affairs and Related Agencies Appropriations 
Act, 2010 (Public Law 111-117, Division E), the following amounts which 
become available on October 1, 2010 are hereby permanently cancelled 
from the accounts in the amounts specified:
            ``Medical services'', Department of Veterans Affairs, 
        $1,015,000,000;
            ``Medical support and compliance'', Department of Veterans 
        Affairs, $145,000,000; and
            ``Medical facilities'', Department of Veterans Affairs, 
        $145,000,000.
    (b) An additional amount is appropriated to the following accounts 
in the amounts specified, to become available on October 1, 2010 and to 
remain available until September 30, 2012:
            ``Medical services'', Department of Veterans Affairs, 
        $1,015,000,000;
            ``Medical support and compliance'', Department of Veterans 
        Affairs, $145,000,000; and
            ``Medical facilities'', Department of Veterans Affairs, 
        $145,000,000.
    Sec. 229.  For an additional amount for the ``General operating 
expenses'' account, $23,584,000, to increase the Department's 
acquisition workforce capacity and capabilities: Provided, That such 
funds may be transferred by the Secretary to any other account in the 
Department to carry out the purposes provided herein: Provided further, 
That such transfer authority is in addition to any other transfer 
authority provided in this Act: Provided further, That such funds shall 
be available only to supplement and not to supplant existing 
acquisition workforce activities: Provided further, That such funds 
shall be available for training, recruitment, retention, and hiring 
additional members of the acquisition workforce as defined by the 
Office of Federal Procurement Policy Act, as amended (41 U.S.C. 401 et 
seq.): Provided further, That such funds shall be available for 
information technology in support of acquisition workforce 
effectiveness or for management solutions to improve acquisition 
management.
    Sec. 230.  The Secretary of the Department of Veterans Affairs 
shall report to the Committees on Appropriations of both Houses of 
Congress within 30 days of enactment of this Act the planned funding 
allocation from each of the Veterans Health Administration accounts to 
the National Reserve Fund and any subsequent increase in these 
allocations of ten percent or more: Provided, That the Secretary shall 
notify the Committees of any planned obligation of the National Reserve 
Fund fifteen days before such obligation takes place, as well as the 
intended use of the funds.
    Sec. 231.  The Secretary of the Department of Veterans Affairs 
shall notify the Committees on Appropriations of both Houses of 
Congress of all bid savings in major construction projects that total 
at least $5,000,000, or five percent of the programmed amount, 
whichever is less: Provided, That such notification shall occur within 
14 days after the date on which funds are obligated.
    Sec. 232.  The scope of work for a project included in 
``Construction, major projects'', may not be increased above the scope 
specified for that project in the original justification data provided 
to the Congress as part of the request for appropriations, without 
prior notification to the Committees on Appropriations of both Houses 
of Congress.
    Sec. 233.  Of the amounts made available for fiscal year 2011 for 
``Medical Facilities'' in Public Law 111-117, $162,734,000 shall be 
available for renewable energy projects at the Department of Veterans 
Affairs medical facility campuses subject to section 8103 of title 38, 
United States Code.

                               TITLE III

                            RELATED AGENCIES

                  American Battle Monuments Commission

                         salaries and expenses

    For necessary expenses, not otherwise provided for, of the American 
Battle Monuments Commission, including the acquisition of land or 
interest in land in foreign countries; purchases and repair of uniforms 
for caretakers of national cemeteries and monuments outside of the 
United States and its territories and possessions; rent of office and 
garage space in foreign countries; purchase (one-for-one replacement 
basis only) and hire of passenger motor vehicles; not to exceed $7,500 
for official reception and representation expenses; and insurance of 
official motor vehicles in foreign countries, when required by law of 
such countries, $65,667,000, to remain available until expended: 
Provided, That of the amount made available under this heading, 
$1,000,000 shall be for improvements and rehabilitation of the Bataan 
Death March Memorial at the Cabanatuan American Memorial in the 
Philippines.

                 Foreign Currency Fluctuations Account

    For necessary expenses, not otherwise provided for, of the American 
Battle Monuments Commission, such sums as may be necessary, to remain 
available until expended, for purposes authorized by section 2109 of 
title 36, United States Code.

           United States Court of Appeals for Veterans Claims

                         salaries and expenses

    For necessary expenses for the operation of the United States Court 
of Appeals for Veterans Claims as authorized by sections 7251 through 
7298 of title 38, United States Code, $90,147,000: Provided, That, of 
the foregoing amount, $62,000,000 shall be transferred to the General 
Services Administration for the construction of a courthouse to house 
the United States Court of Appeals for Veterans Claims: Provided 
further, That $2,515,229 shall be available for the purpose of 
providing financial assistance as described, and in accordance with the 
process and reporting procedures set forth, under this heading in 
Public Law 102-229.

                     Department of Defense - Civil

                       Cemeterial Expenses, Army

                         salaries and expenses

    For necessary expenses, as authorized by law, for maintenance, 
operation, and improvement of Arlington National Cemetery and Soldiers' 
and Airmen's Home National Cemetery, including the purchase of two 
passenger motor vehicles for replacement only, and not to exceed $1,000 
for official reception and representation expenses, $39,600,000, to 
remain available until expended: Provided, That none of the funds 
available under this heading shall be for construction of a perimeter 
wall at Arlington National Cemetery. In addition, such sums as may be 
necessary for parking maintenance, repairs and replacement, to be 
derived from the Lease of Department of Defense Real Property for 
Defense Agencies account.
    Funds appropriated under this Act may be provided to Arlington 
County, Virginia, for the relocation of the federally-owned water main 
at Arlington National Cemetery making additional land available for 
ground burials.

                      Armed Forces Retirement Home

                               trust fund

    For expenses necessary for the Armed Forces Retirement Home to 
operate and maintain the Armed Forces Retirement Home--Washington, 
District of Columbia, and the Armed Forces Retirement Home--Gulfport, 
Mississippi, to be paid from funds available in the Armed Forces 
Retirement Home Trust Fund, $71,200,000, of which $2,000,000 shall 
remain available until expended for construction and renovation of the 
physical plants at the Armed Forces Retirement Home--Washington, 
District of Columbia, and the Armed Forces Retirement Home--Gulfport, 
Mississippi.

                                TITLE IV

                    OVERSEAS CONTINGENCY OPERATIONS

                         Department of Defense

                      Military Construction, Army

                     (including transfer of funds)

    For an additional amount for ``Military Construction, Army'', 
$929,996,000, 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 not otherwise authorized by law: Provided 
further, That of the amount appropriated, $10,000,000 shall be 
transferred to ``Department of Defense -- Other Department of Defense 
Programs -- Office of the Inspector General'', to be merged with and to 
be available for the same time period as the appropriation to which 
transferred, for the purpose of carrying out audits of military 
construction projects in Afghanistan: Provided further, That this 
transfer authority is in addition to any other transfer authority 
available to the Department of Defense.

                    Military Construction, Air Force

    For an additional amount for ``Military Construction, Air Force'', 
$280,504,000, 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 not otherwise authorized by law.

                  Military Construction, Defense-wide

    For an additional amount for ``Military Construction, Defense-
Wide'', $46,500,000, 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 not otherwise authorized by law.

                       Administrative Provisions

    Sec. 401.  Unless otherwise specified, each amount in this title is 
designated as an emergency requirement and necessary to meet emergency 
needs pursuant to sections 403(a) and 423(b) of S. Con. Res. 13 (111th 
Congress), the concurrent resolution on the budget for fiscal year 
2010.
    Sec. 402.  None of the funds made available in this title may be 
obligated for architect and engineer contracts estimated by the 
Government to exceed $500,000, unless such contracts are awarded to 
United States firms or United States firms in joint venture with host 
nation firms.
    Sec. 403.  None of the funds made available in this title may be 
used to award any contract estimated by the Government to exceed 
$1,000,000 to a foreign contractor: Provided, That this section shall 
not be applicable to contract awards for which the lowest responsive 
and responsible bid of a United States contractor exceeds the lowest 
responsive and responsible bid of a foreign contractor by greater than 
20 percent: Provided further, That the Secretary of Defense may waive 
the limitation imposed by this section upon a determination that such 
limitation is inconsistent with national security: Provided further, 
That the Secretary of Defense shall notify the Committees on 
Appropriations of both Houses of Congress no later than five days 
following a decision to waive the limitation imposed in this section.

                                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 2011 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 known to the 
Federal entity or official to which the funds are made available that 
the program, project, or activity is not in compliance with any Federal 
law relating to risk assessment, the protection of private property 
rights, or unfunded mandates.
    Sec. 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 
recognized executive-legislative relationships, for publicity or 
propaganda purposes, and for the preparation, distribution, or use of 
any kit, pamphlet, booklet, publication, radio, television, or film 
presentation designed to support or defeat legislation pending before 
Congress, except in presentation to Congress itself.
    Sec. 505.  All departments and agencies funded under this Act are 
encouraged, within the limits of the existing statutory authorities and 
funding, to expand their use of ``E-Commerce'' technologies and 
procedures in the conduct of their business practices and public 
service activities.
    Sec. 506.  None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government except pursuant to a transfer made by, or transfer 
authority provided in, this or any other appropriations Act.
    Sec. 507.  Unless stated otherwise, all reports and notifications 
required by this Act shall be submitted to the Subcommittee on Military 
Construction and Veterans Affairs, and Related Agencies of the 
Committee on Appropriations of the House of Representatives and the 
Subcommittee on Military Construction and Veterans Affairs, and Related 
Agencies of the Committee on Appropriations of the Senate.
    Sec. 508.  None of the funds made available in this Act may be used 
for a project or program named for an individual serving as a Member, 
Delegate, or Resident Commissioner of the United States House of 
Representatives.
    Sec. 509. (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 
        information.
    (c) The 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 45 days.
    Sec. 510.  None of the funds made available in this Act may be 
distributed to the Association of Community Organizations for Reform 
Now (ACORN) or its subsidiaries.
    Sec. 511.  None of the funds appropriated or otherwise made 
available by this Act may be obligated by any covered executive agency 
in contravention of the certification requirement of section 6(b) of 
the Iran Sanctions Act of 1996, as included in the revisions to the 
Federal Acquisition Regulation pursuant to such section.
    Sec. 512. (a) None of the funds made available in this Act may be 
used to maintain or establish a computer network unless such network 
blocks the viewing, downloading, and exchanging of pornography.
    (b) Nothing in subsection (a) shall limit the use of funds 
necessary for any Federal, State, tribal, or local law enforcement 
agency or any other entity carrying out criminal investigations, 
prosecution, or adjudication activities.
    Sec. 513.  None of the funds made available in this Act may be used 
for the processing of new enhanced-use leases at the National Home for 
Disabled Volunteer Soldiers located in Milwaukee, Wisconsin.
    Sec. 514.  None of the funds appropriated or otherwise made 
available in this Act may be used by an agency of the executive branch 
to pay for first-class travel by an employee of the agency in 
contravention of sections 301-10.122 through 301-10.124 of title 41, 
Code of Federal Regulations.
    Sec. 515.  None of the funds appropriated or otherwise made 
available in this Act may be used by an agency of the executive branch 
to exercise the power of eminent domain (to take private property for 
public use) without the payment of just compensation.
    Sec. 516.  None of the funds appropriated or otherwise made 
available to the Department of Defense in this Act may be used to 
renovate or construct any facility in the continental United States for 
the purpose of housing any individual who has been detained, at any 
time after September 11, 2001, at United States Naval Station, 
Guantanamo Bay, Cuba.
     This Act may be cited as the ``Military Construction and Veterans 
Affairs and Related Agencies Appropriations Act, 2011''.

            Passed the House of Representatives July 28, 2010.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.
                                                       Calendar No. 494

111th CONGRESS

  2d Session

                               H. R. 5822

_______________________________________________________________________

                                 AN ACT

  Making appropriations for military construction, the Department of 
   Veterans Affairs, and related agencies for the fiscal year ending 
              September 30, 2011, and for other purposes.

_______________________________________________________________________

                             July 29, 2010

            Received; read twice and placed on the calendar