112th CONGRESS
1st Session
H.R. 2055
In the Senate of the United
States,
July 20 (legislative day,
July 19), 2011.
Amendment:
That the bill from the House of Representatives
(H.R. 2055) entitled An Act making appropriations for military
construction, the Department of Veterans Affairs, and related agencies for the
fiscal year ending September 30, 2012, and for other purposes.
, do pass
with the following
Strike out all
after the enacting clause and
insert:
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, 2012, and for other purposes, namely:
<enum>I</enum><header display-inline="no-display-inline">Department of defense</header>
<appropriations-intermediate commented="no" id="id53eed8f9-ca9c-44dc-a7cb-1b8d3d8da032"><header display-inline="yes-display-inline">Military construction, army</header><text display-inline="no-display-inline">For acquisition, construction, installation,
and equipment of temporary or permanent public works, military installations,
facilities, and real property for the Army as currently authorized by law,
including personnel in the Army Corps of Engineers and other personal services
necessary for the purposes of this appropriation, and for construction and
operation of facilities in support of the functions of the Commander in Chief,
$3,066,891,000, to remain available until September 30, 2016:
<proviso><italic>Provided</italic></proviso>, That of this amount, not to
exceed $255,241,000 shall be available for study, planning, design, architect
and engineer services, and host nation support, as authorized by law, unless
the Secretary of Defense determines that additional obligations are necessary
for such purposes and notifies the Committees on Appropriations of both Houses
of Congress of the determination and the reasons
therefor.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="id08c54f91-4fc4-4e67-b78b-a42f2b56f8a9"><header display-inline="yes-display-inline">Military construction, navy and marine
corps</header><text display-inline="no-display-inline">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, $2,187,622,000, to remain available until
September 30, 2016:
<proviso><italic>Provided</italic></proviso>, That of this amount, not to
exceed $84,362,000 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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="id21774fa5-81ac-4516-879b-f76d70c972b9"><header display-inline="yes-display-inline">Military construction, air
force</header>
</appropriations-intermediate><appropriations-small commented="no" id="H9B928B2D1CDE44D0B0D1AB2E6C8E8518"><text display-inline="no-display-inline">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,
$1,227,058,000, to remain available until September 30, 2016:
<proviso><italic>Provided</italic></proviso>, That of this amount, not to
exceed $81,913,000 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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="id77946335-87e0-421c-b59e-3eae8ec24c38"><header display-inline="yes-display-inline">Military construction,
defense-Wide</header>
</appropriations-intermediate><appropriations-small commented="no" id="id9ab7f415-c794-49cb-b1d6-daf8193d5c3f"><header display-inline="yes-display-inline">(including transfer of funds)</header><text display-inline="no-display-inline">For acquisition, construction, installation,
and equipment of temporary or permanent public works, installations,
facilities, and real property for activities and agencies of the Department of
Defense (other than the military departments), as currently authorized by law,
$3,380,917,000, to remain available until September 30, 2016:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That of the amount
appropriated, not to exceed $439,602,000 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:
<proviso><italic>Provided further</italic></proviso>, That of the amount
appropriated, notwithstanding any other provision of law, $24,118,000 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.</text>
</appropriations-small><appropriations-intermediate id="idffa10050-b8fd-4056-8616-4e42983b4a92"><header>Military construction, army national
guard</header><text display-inline="no-display-inline">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, $773,592,000, to remain available
until September 30, 2016:
<proviso><italic>Provided</italic></proviso>, That of the amount
appropriated, not to exceed $20,671,000 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.</text>
</appropriations-intermediate><appropriations-intermediate id="idacd63858-fb49-45a7-8bc1-9ed636ad3975"><header>Military construction, air national
guard</header><text display-inline="no-display-inline">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, $116,246,000, to remain available
until September 30, 2016:
<proviso><italic>Provided</italic></proviso>, That of the amount
appropriated, not to exceed $9,000,000 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.</text>
</appropriations-intermediate><appropriations-intermediate id="ida52cfdf6-3526-48dc-a5f4-2ca660227ab2"><header>Military construction, army
reserve</header><text display-inline="no-display-inline">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,
$280,549,000, to remain available until September 30, 2016:
<proviso><italic>Provided</italic></proviso>, That of the amount
appropriated, not to exceed $28,924,000 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.</text>
</appropriations-intermediate><appropriations-intermediate id="id2330a50d-4e3b-4d4e-ae15-6da7fae021ee"><header>Military construction, navy
reserve</header><text display-inline="no-display-inline">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, $26,299,000, to remain available
until September 30, 2016:
<proviso><italic>Provided</italic></proviso>, That of the amount
appropriated, not to exceed $2,591,000 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.</text>
</appropriations-intermediate><appropriations-intermediate id="id3c175c85-7d4b-4a53-92f0-d32ab8c56475"><header>Military construction, air force
reserve</header><text display-inline="no-display-inline">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, $33,620,000, to remain available until September 30, 2016:
<proviso><italic>Provided</italic></proviso>, That of the amount
appropriated, not to exceed $2,200,000 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.</text>
</appropriations-intermediate><appropriations-intermediate id="id4684a014-1937-4dcd-a4b8-84e69cfe3429"><header>North atlantic treaty
organization</header>
</appropriations-intermediate><appropriations-intermediate id="id2b276e95-5a60-4310-be4d-f97ac91109eb"><header>security investment
program</header><text display-inline="no-display-inline">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, $272,611,000, to remain available until
expended.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="ide8a3be2f-df01-49b5-8955-3352f967197b"><header display-inline="yes-display-inline">Family housing construction,
army</header><text display-inline="no-display-inline">For expenses of family
housing for the Army for construction, including acquisition, replacement,
addition, expansion, extension, and alteration, as authorized by law,
$186,897,000, to remain available until September 30,
2016.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="id6cce8df8-3773-4726-b555-5173790df9a1"><header display-inline="yes-display-inline">Family housing operation and maintenance,
army</header><text display-inline="no-display-inline">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,
$494,858,000.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="idf360afd7-b403-40cb-be9d-8982bd1f32c8"><header display-inline="yes-display-inline">Family housing construction, navy and
marine corps</header><text display-inline="no-display-inline">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, $100,972,000, to remain available until September 30,
2016.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="id9691c447-f0db-4b63-b530-32d2fa940426"><header display-inline="yes-display-inline">Family housing operation and maintenance,
navy and marine corps</header><text display-inline="no-display-inline">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,
$367,863,000.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="id1fdc90f9-a5c9-4fe4-a814-bcf2885730e9"><header display-inline="yes-display-inline">Family housing construction, air
force</header><text display-inline="no-display-inline">For expenses of family
housing for the Air Force for construction, including acquisition, replacement,
addition, expansion, extension, and alteration, as authorized by law,
$84,804,000, to remain available until September 30,
2016.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="id1998c95d-5f16-4dd7-8df9-49b9b92ab036"><header display-inline="yes-display-inline">Family housing operation and maintenance,
air force</header><text display-inline="no-display-inline">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,
$404,761,000.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="id76d3a19c-6789-4724-b740-a686a6a1f9a7"><header display-inline="yes-display-inline">Family housing operation and maintenance,
defense-Wide</header><text display-inline="no-display-inline">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,
$50,723,000.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="id3a82f0f2-f07a-4d02-a3a8-9e86379c493c"><header display-inline="yes-display-inline">Department of defense family housing
improvement fund</header><text display-inline="no-display-inline">For the
Department of Defense Family Housing Improvement Fund,
$2,184,000<italic></italic>, 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.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="id106f1082-b4d5-4e73-91a2-555646775c80"><header display-inline="yes-display-inline">Homeowners assistance fund</header><text display-inline="no-display-inline">For the Homeowners Assistance Fund
established by section 1013 of the Demonstration Cities and Metropolitan
Development Act of 1966, (42 U.S.C. 3374), as amended by section 1001 of
division A of the American Recovery and Reinvestment Act of 2009 (Public Law
111–5; 123 Stat. 194), $1,284,000, to remain available until
expended.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="idd992ed71-58ab-4bc3-8101-3476e38a1764"><header display-inline="yes-display-inline">Chemical demilitarization construction,
defense-Wide</header><text display-inline="no-display-inline">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,
$75,312,000, to remain available until September 30, 2016, which shall be only
for the Assembled Chemical Weapons Alternatives
program.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="id1c470b9b-b1a3-45e8-92b2-42346c16fc0b"><header display-inline="yes-display-inline">Department of defense base closure account
1990</header><text display-inline="no-display-inline">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), $323,543,000, to remain available until
expended.</text>
</appropriations-intermediate><appropriations-intermediate id="id66D34FA1C547405BA4D7ED26AC8A7460"><header>Department of defense base closure
account 2005</header>
</appropriations-intermediate><appropriations-small commented="no" id="id1d453ead-6fb4-4c36-b572-392f35b6287d"><text display-inline="no-display-inline">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), $258,776,000, to remain available until expended:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="id2ed15843-ac16-49d4-9afa-e413d2bc1541"><header display-inline="yes-display-inline">Administrative
provisions</header>
</appropriations-intermediate><section commented="no" display-inline="no-display-inline" id="id5ce0405a-b929-46bd-84eb-7844a822eba6" section-type="subsequent-section"><enum>101.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="ide6e5588d-2ba0-4369-b773-62683d4803c0" section-type="subsequent-section"><enum>102.</enum><text display-inline="yes-display-inline">Funds made available in this title for
construction shall be available for hire of passenger motor vehicles.</text>
</section><section commented="no" display-inline="no-display-inline" id="idde11b04d-52c0-48c3-93f9-39f4849aeb01" section-type="subsequent-section"><enum>103.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="id443e5747-c953-479a-8ff0-9fa5e4f890d1" section-type="subsequent-section"><enum>104.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="idad7976c8-fbd6-4a38-b3fd-e91e2f8ca10e" section-type="subsequent-section"><enum>105.</enum><text display-inline="yes-display-inline">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:</text>
<paragraph commented="no" display-inline="no-display-inline" id="idB561DC606ED14B8483581F2BB576A096"><enum>(1)</enum><text display-inline="yes-display-inline">where there is a determination of value by
a Federal court;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="id42DC69CC1E4B487684BAC3F34FD051EB"><enum>(2)</enum><text display-inline="yes-display-inline">purchases negotiated by the Attorney
General or the designee of the Attorney General;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="id103F405039D2426AB07B24D373FBC310"><enum>(3)</enum><text display-inline="yes-display-inline">where the estimated value is less than
$25,000; or</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="id4AB48A23BC5942B7BCBD9A722742E235"><enum>(4)</enum><text display-inline="yes-display-inline">as otherwise determined by the Secretary of
Defense to be in the public interest.</text>
</paragraph></section><section commented="no" display-inline="no-display-inline" id="id1627396f-497d-4872-be67-577760c1d630" section-type="subsequent-section"><enum>106.</enum><text display-inline="yes-display-inline">None of the funds made available in this
title shall be used to:</text>
<paragraph commented="no" display-inline="no-display-inline" id="id7C8802642DA14DBDBF23CC7190D4F3F2"><enum>(1)</enum><text display-inline="yes-display-inline">acquire land;</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="id45E309D53644404A803070E6FEE6B767"><enum>(2)</enum><text display-inline="yes-display-inline">provide for site preparation; or</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="idC359E9A119E0469894ED24D9BC95DE25"><enum>(3)</enum><text display-inline="yes-display-inline">install utilities for any family housing,
except housing for which funds have been made available in annual Acts making
appropriations for military construction.</text>
</paragraph></section><section commented="no" display-inline="no-display-inline" id="idaa0cd974-aeec-4138-a8c6-59e9b8e24b76" section-type="subsequent-section"><enum>107.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="idec16d4e5-9fe1-4407-b532-9dcd6439ecc9" section-type="subsequent-section"><enum>108.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="id32cb44ea-eb97-43f6-9f3d-9d6be8003993" section-type="subsequent-section"><enum>109.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="id2e312e89-945c-49a7-b177-b8ec36fe576e" section-type="subsequent-section"><enum>110.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="ID2C812EB33F994C35B6DE91A3B9C138A9" section-type="subsequent-section"><enum>111.</enum><text display-inline="yes-display-inline">None of the funds made available in this
title may be obligated for architect and engineer contracts estimated by the
Government to exceed $500,000 for projects to be accomplished in Japan, in any
North Atlantic Treaty Organization member country, or in countries bordering
the Arabian Sea, unless such contracts are awarded to United States firms or
United States firms in joint venture with host nation firms.</text>
</section><section commented="no" display-inline="no-display-inline" id="ide7fe8d46-9ca0-45c6-9618-0edefdee2014" section-type="subsequent-section"><enum>112.</enum><text display-inline="yes-display-inline">None of the funds made available in this
title for military construction in the United States territories and
possessions in the Pacific and on Kwajalein Atoll, or in countries bordering
the Arabian Sea, may be used to award any contract estimated by the Government
to exceed $1,000,000 to a foreign contractor:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</section><section commented="no" display-inline="no-display-inline" id="HEEE08C2A86AF44A88A1DBB01553BDE24" section-type="subsequent-section"><enum>113.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="H25C0B181258F4D0AA186FC9ED2B1CF72" section-type="subsequent-section"><enum>114.</enum><text display-inline="yes-display-inline">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 2 months of the fiscal
year.</text>
</section><section commented="no" display-inline="no-display-inline" id="id7101264f-48fe-4eb9-966c-c40c4cd643a5" section-type="subsequent-section"><enum>115.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="idaeb21243-ecb9-41ad-9e4f-0d3497d9d27f" section-type="subsequent-section"><enum>116.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="idf162f581-3378-4fb4-822c-dafc58cdd83b" section-type="subsequent-section"><enum>117.</enum><text display-inline="yes-display-inline">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:</text>
<paragraph commented="no" display-inline="no-display-inline" id="id0B297026CBC34499B7F8587623A4B350"><enum>(1)</enum><text display-inline="yes-display-inline">are obligated from funds available for
military construction projects; and</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="idCBC0D642355049E99F2C7EB8BBF349E8"><enum>(2)</enum><text display-inline="yes-display-inline">do not exceed the amount appropriated for
such project, plus any amount by which the cost of such project is increased
pursuant to law.</text>
</paragraph></section><appropriations-small id="ida53fbda6-236f-40b4-9b41-35d65bc52829"><header>(including transfer of
funds)</header>
</appropriations-small><section id="idb249ac77-e952-44e0-9e31-d108dba98b0e"><enum>118.</enum><text display-inline="yes-display-inline">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.</text>
<appropriations-small id="idcf751dad-4125-43b3-a91f-104566227fc9"><header>(including transfer of
funds)</header>
</appropriations-small></section><section id="id4236d048-390b-491c-bddc-07f471e8efbf"><enum>119.</enum><text display-inline="yes-display-inline">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:</text>
<paragraph id="idD790AE5C41824FC38F745A751ECC7913"><enum>(1)</enum><text display-inline="yes-display-inline">the Department of Defense Family Housing
Improvement Fund from amounts appropriated for construction in <quote>Family
Housing</quote> 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</text>
</paragraph><paragraph id="id80B3DC883A8F432DB23B270F1FC2827D"><enum>(2)</enum><text display-inline="yes-display-inline">the Department of Defense Military
Unaccompanied Housing Improvement Fund from amounts appropriated for
construction of military unaccompanied housing in <quote>Military
Construction</quote> 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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</paragraph></section><section id="H140AE3F52C264DBC9A79599482FA1E61" section-type="subsequent-section"><enum>120.</enum><subsection commented="no" display-inline="yes-display-inline" id="H32EFA185E81140F79B08148B3594C167"><enum>(a)</enum><text display-inline="yes-display-inline">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).</text>
</subsection><subsection changed="added" id="H1771313E388D48668F08B29CB0B04C85" reported-display-style="italic"><enum>(b)(1)</enum><text>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—</text>
<paragraph id="H7DA88CA1FBB844FD8DFCD8C432D71CC0"><enum>(A)</enum><text>the closure or
realignment of the installation for which housing is provided under the
contract;</text>
</paragraph><paragraph id="H2B2523F7C9724916AB25CF0A9B7E0A01"><enum>(B)</enum><text>a reduction in force of
units stationed at such installation; or</text>
</paragraph><paragraph id="H068C30ED21B144ADB8DAAF888CFF4CF2"><enum>(C)</enum><text>the extended deployment
overseas of units stationed at such installation.</text>
</paragraph></subsection><subsection changed="added" id="H2A27DC72621748A6B11685BAD9D813D9" reported-display-style="italic"><enum>(2)</enum><text>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.</text>
</subsection></section><appropriations-small id="id0e350370-9cd9-4aa9-b46e-d85b264e5803"><header>(including transfer of
funds)</header>
</appropriations-small><section id="idfe9e65d8-4339-4152-8520-b0897d023f94"><enum>121.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="id24ec1709-a7ba-415d-a2c7-f9b916539407"><enum>122.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</section><section id="id0a71b4de-55d0-4d7f-b70f-bfc6a622cd64"><enum>123.</enum><text display-inline="yes-display-inline">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.</text>
</section><section id="H823CE3B346974508A81B47AE36A006BC"><enum>124.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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.</text>
<appropriations-small id="id7a13704b-6d28-425b-8dd1-f44b05567df4"><header>(including transfer of
funds)</header>
</appropriations-small></section><section id="id09a96a6f-8a0e-4eb3-8c64-9c2b2cb02580"><enum>125.</enum><text display-inline="yes-display-inline">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 <quote>Foreign
Currency Fluctuations, Construction, Defense</quote>, to be merged with and to
be available for the same time period and for the same purposes as the
appropriation to which transferred.</text>
</section><section commented="no" display-inline="no-display-inline" id="id8796E5635A4342FDACBCFC43C9632EFD" section-type="subsequent-section"><enum>126.</enum><text display-inline="yes-display-inline">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 Department of Defense Financial Management Regulation
7000.14–R, Volume 3, Chapter 7, of February 2009, as in effect on the date of
enactment of this Act.</text>
</section><section id="idF266D9586F0046048EF5D54DCB07077B"><enum>127.</enum><subsection commented="no" display-inline="yes-display-inline" id="id4764519C22D044A5B5E7B2D1537C881C"><enum>(a)</enum><header>Closure of Umatilla
Army Chemical Depot, Oregon</header><text>The closure of the Umatilla Army
Chemical Depot, Oregon, and subsequent management and property disposal, may be
carried out in accordance with procedures and authorities contained in 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).</text>
</subsection><subsection changed="added" id="idB2552E9F7AEF4C109BCD5EB85CD9C32E" reported-display-style="italic"><enum>(b)</enum><header>Retention of property
and facilities</header><text>The Secretary of the Army may retain minimum
essential ranges, facilities, and training areas at Umatilla Army Chemical
Depot, totaling approximately 7,500 acres, as a training enclave for the
reserve components of the Armed Forces to permit the conduct of individual and
annual training.</text>
</subsection><subsection changed="added" id="idD7E42065396147A49727893AA01BA608" reported-display-style="italic"><enum>(c)</enum><header>Office of Economic
Adjustment Activities</header><text>Notwithstanding any other provision of law,
the Office of Economic Adjustment Activities of the Department of Defense may
make grants and supplement other Federal funds, using funds made available by
title, in connection with the closure and management and disposal provided for
in this section, and the projects so supported shall be considered to be
authorized by law.</text>
</subsection></section><section id="idA69A824013DE4FDB996B4F6B160213A7"><enum>128.</enum><text display-inline="yes-display-inline">None of the funds appropriated or otherwise
made available by this title may be obligated or expended for a permanent
United States Africa Command headquarters outside of the United States until
the Secretary of Defense provides the congressional defense committees an
analysis of all military construction costs associated with establishing a
permanent location overseas versus in the United States.</text>
</section><section id="idC3F914FE39304D2B90B0F004B86AA616"><enum>129.</enum><text display-inline="yes-display-inline">None of the funds appropriated or otherwise
made available by this title may be obligated or expended on a military
construction project at Grafenwohr, Germany, or Baumholder, Germany, until the
Secretary of the Army submits to Congress, in writing, a report on
installations and properties in Germany that the Army intends to return to the
host nation, including—</text>
<paragraph id="id3338C169A7D6430995FE6BF849A98A41"><enum>(1)</enum><text display-inline="yes-display-inline">intended timelines for closures along with
the list of military construction projects required at other installations to
facilitate the downsizing and consolidation of Army forces in Germany;</text>
</paragraph><paragraph id="id6BA68F75F761426DA0D8C480AC55F31B"><enum>(2)</enum><text display-inline="yes-display-inline">an identification of the brigade combat
team that will be withdrawn from Germany; and</text>
</paragraph><paragraph id="id5E5C931C95A24FDBB77128E50815DCA7"><enum>(3)</enum><text display-inline="yes-display-inline">an estimate of costs (including operation
and maintenance costs and military construction costs) to be incurred during
fiscal years 2012 through 2015 in connection with keeping the brigade
identified in Germany through September 30, 2015 versus stationing a similar
brigade in the United States.</text>
</paragraph></section><section id="idFDDBEB8EE72E4B199B88580D0E2F6063"><enum>130.</enum><text display-inline="yes-display-inline">No later than 90 days after enactment of
this Act, the Secretary of Defense shall report to the congressional defense
committees of the Senate and the House of Representatives on the status and
improvement plan for all DODEA schools with an overall condition rating of Q3
(poor) or Q4 (failing) as identified in the October 2009 Report to Congress on
Department of Defense Education Activity's Military Construction
Program.</text>
</section><enum>II</enum><header display-inline="no-display-inline">Department of veterans affairs</header>
<appropriations-intermediate commented="no" id="IDF1FC8500CCA44AF2982B212A9B18C51E"><header display-inline="yes-display-inline">Veterans Benefits
Administration</header>
</appropriations-intermediate><appropriations-small commented="no" id="H28C2B4A56282401B89ABB1F6D6EF0496"><header display-inline="yes-display-inline">Compensation and
pensions</header>
</appropriations-small><appropriations-small commented="no" id="H035E74D8D404405A8D3B3C94E5B41849"><header display-inline="yes-display-inline">(including transfer of funds)</header><text display-inline="no-display-inline">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, $58,067,319,000, to remain available until
expended:
<proviso><italic>Provided</italic></proviso>, That not to exceed
$32,187,000 of the amount appropriated under this heading shall be reimbursed
to <quote>General operating expenses, Veterans Benefits Administration</quote>,
<quote>Medical support and compliance</quote>, and <quote>Information
technology systems</quote> 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 <quote>Compensation
and pensions</quote> appropriation:
<proviso><italic>Provided further</italic></proviso>, That such sums as
may be earned on an actual qualifying patient basis, shall be reimbursed to
<quote>Medical care collections fund</quote> to augment the funding of
individual medical facilities for nursing home care provided to pensioners as
authorized.</text>
</appropriations-small><appropriations-small commented="no" id="H07FB15160B4E4D139BA230212A101204"><header display-inline="yes-display-inline">Readjustment benefits</header><text display-inline="no-display-inline">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, $11,011,086,000, to remain available until expended:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small commented="no" id="H8F1342C5C10F4399BBE581A2248B993A"><header display-inline="yes-display-inline">Veterans insurance and
indemnities</header><text display-inline="no-display-inline">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, $100,252,000,
to remain available until expended.</text>
</appropriations-small><appropriations-small commented="no" id="HBE25A18341144E4F802D8580A83BE15F"><header display-inline="yes-display-inline">Veterans housing benefit program
fund</header><text display-inline="no-display-inline">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:
<proviso><italic>Provided</italic></proviso>, That such costs, including
the cost of modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974:
<proviso><italic>Provided further</italic></proviso>, That during fiscal
year 2012, within the resources available, not to exceed $500,000 in gross
obligations for direct loans are authorized for specially adapted housing
loans.</text><text display-inline="no-display-inline">In addition, for
administrative expenses to carry out the direct and guaranteed loan programs,
$154,698,000<italic></italic>.</text>
</appropriations-small><appropriations-small commented="no" id="HCE84943256314714844B7C4206C9EEE5"><header display-inline="yes-display-inline">Vocational rehabilitation loans program
account</header><text display-inline="no-display-inline">For the cost of direct
loans, $19,000, as authorized by chapter 31 of title 38, United States Code:
<proviso><italic>Provided</italic></proviso>, That such costs, including
the cost of modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974:
<proviso><italic>Provided further</italic></proviso>, That funds made
available under this heading are available to subsidize gross obligations for
the principal amount of direct loans not to exceed $3,019,000.</text><text display-inline="no-display-inline">In addition, for administrative expenses
necessary to carry out the direct loan program, $343,000, which may be paid to
the appropriation for <quote>General operating expenses, Veterans Benefits
Administration</quote>.</text>
</appropriations-small><appropriations-small commented="no" id="H4D62B41B7117465E8E754274EF94EE42"><header display-inline="yes-display-inline">Native american veteran housing loan
program account</header><text display-inline="no-display-inline">For
administrative expenses to carry out the direct loan program authorized by
subchapter V of chapter 37 of title 38, United States Code,
$1,116,000.</text>
</appropriations-small><appropriations-intermediate commented="no" id="HB36F00A2860A4EA2A7B792F33F07F7A5"><header display-inline="yes-display-inline">Veterans health
administration</header>
</appropriations-intermediate><appropriations-small commented="no" id="HC5B6BEB95970464DADCC79D283BC0158"><header display-inline="yes-display-inline">Medical
services</header>
</appropriations-small><appropriations-small commented="no" id="H8DFEC4C72B1348A2B2815F3575BA52BD"><header display-inline="yes-display-inline">(including transfer of funds)</header><text display-inline="no-display-inline">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;
$41,354,000,000, plus reimbursements, shall become available on October 1,
2012, and shall remain available until September 30, 2013:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That the
implementation of the program described in the previous proviso shall incur no
additional cost to the Department of Veterans
Affairs.</text>
</appropriations-small><appropriations-small commented="no" id="HF21CCD23CFCC4D1F94D0EDF7ED2B2E2B"><header display-inline="yes-display-inline">Medical support and
compliance</header><text display-inline="no-display-inline">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.); $5,746,000,000, plus reimbursements, shall become available on
October 1, 2012, and shall remain available until September 30,
2013.</text>
</appropriations-small><appropriations-small commented="no" id="H0099245F179749BB92D220FFD263FB4D"><header display-inline="yes-display-inline">Medical facilities</header><text display-inline="no-display-inline">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, $5,441,000,000, plus
reimbursements, shall become available on October 1, 2012, and shall remain
available until September 30, 2013.</text>
</appropriations-small><appropriations-small commented="no" id="H13BC0C8B220248C8BD4DDF52FE406751"><header display-inline="yes-display-inline">Medical and prosthetic
research</header><text display-inline="no-display-inline">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,
$581,000,000, plus reimbursements, shall remain available until September 30,
2013.</text>
</appropriations-small><appropriations-intermediate commented="no" id="H4836DB5E22FE4B04BC5B0C8C4960D599"><header display-inline="yes-display-inline">National cemetery
administration</header><text display-inline="no-display-inline">For necessary
expenses of the National Cemetery Administration for operations and
maintenance, not otherwise provided for, including uniforms or allowances
therefor; cemeterial expenses as authorized by law; purchase of one passenger
motor vehicle for use in cemeterial operations; hire of passenger motor
vehicles; and repair, alteration or improvement of facilities under the
jurisdiction of the National Cemetery Administration, $250,934,000, of which
not to exceed $25,100,000 shall remain available until September 30,
2013.</text>
</appropriations-intermediate><appropriations-intermediate commented="no" id="H48B33DFC04DD44AC8669D91F66CD9D02"><header display-inline="yes-display-inline">Departmental
administration</header>
</appropriations-intermediate><appropriations-small commented="no" id="id5CEAD35FF6954FDAB997F98E66BD540C"><header display-inline="yes-display-inline">General
administration</header>
</appropriations-small><appropriations-small commented="no" id="id5E951BE7976F41CC8E737D665B9D13A0"><header display-inline="yes-display-inline">(Including transfer of funds)</header><text display-inline="no-display-inline">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, $431,257,000, of which not to
exceed $21,562,000 shall remain available until September 30, 2013:
<proviso><italic>Provided</italic>,</proviso> That $15,000,000 shall be
to increase the Department's acquisition workforce capacity and capabilities
and may be transferred by the Secretary to any other account in the Department
to carry out the purposes provided therein:
<proviso><italic>Provided further</italic>,</proviso> That funds provided
under this heading may be transferred to <quote>General operating expenses,
Veterans Benefits Administration</quote>.</text>
</appropriations-small><appropriations-small commented="no" id="HF6B0DB6767D94CCDAFBCA28E60323FF4"><header display-inline="yes-display-inline">General operating expenses, veterans
benefits administration</header><text display-inline="no-display-inline">For
necessary operating expenses of the Veterans Benefits Administration, not
otherwise provided for, including hire of passenger motor vehicles, and
reimbursement of the Department of Defense for the cost of overseas employee
mail, $2,018,764,000:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That of the funds
made available under this heading, not to exceed $105,000,000 shall remain
available until September 20, 2013:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small commented="no" id="HF8056E1ED3834A4F8F475B28AB41B333"><header display-inline="yes-display-inline">Information technology
systems</header><text display-inline="no-display-inline">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, $3,161,376,000, plus
reimbursements:
<proviso><italic>Provided</italic>,</proviso> That $915,000,000 shall be
for pay and associated costs, of which not to exceed $25,000,000 shall remain
available until September 30, 2013:
<proviso><italic>Provided further</italic>,</proviso> That $1,709,953,000
shall be for operations and maintenance as designated in the President’s 2012
budget justification, of which not to exceed $110,000,000 shall remain
available until September 30, 2013:
<proviso><italic>Provided further</italic>,</proviso> That $536,423,000
shall be for information technology systems development, modernization, and
enhancement as designated in the President’s 2012 budget justification, and
shall remain available until September 30, 2013:
<proviso><italic>Provided further</italic>,</proviso> 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:</text>
<paragraph id="idEA72DDB2C4D54134A38E66531D75DFB3"><enum>(1)</enum><text display-inline="yes-display-inline">meets the capital planning and investment
control review requirements established by the Office of Management and
Budget;</text>
</paragraph><paragraph id="id5FA23442320C40838BD5946B2C2BAACE"><enum>(2)</enum><text display-inline="yes-display-inline">complies with the Department of Veterans
Affairs enterprise architecture;</text>
</paragraph><paragraph id="idE8023DDCDA114D62A68FC15D78C79075"><enum>(3)</enum><text display-inline="yes-display-inline">conforms with an established enterprise
life cycle methodology; and</text>
</paragraph><paragraph id="id8C0D6B153F604F70B8DBBCB77EC5B9BD"><enum>(4)</enum><text display-inline="yes-display-inline">complies with the acquisition rules,
requirements, guidelines, and systems acquisition management practices of the
Federal Government:
<proviso><italic>Provided further</italic>,</proviso> That amounts made
available for information technology systems development, modernization, and
enhancement may not be obligated or expended until the Secretary of Veterans
Affairs or the Chief Information Officer of the Department of Veterans Affairs
submits to the Committees on Appropriations of both Houses of Congress a
certification of the amounts, in parts or in full, to be obligated and expended
for each development project:
<proviso><italic>Provided further</italic>,</proviso> That amounts made
available for salaries and expenses, operations and maintenance, and
information technology systems development, modernization, and enhancement may
be transferred among the three subaccounts after the Secretary of Veterans
Affairs requests from the Committees on Appropriations of both Houses of
Congress the authority to make the transfer and an approval is issued:
<proviso><italic>Provided further</italic>,</proviso> That the funds
made available under this heading for information technology systems
development, modernization, and enhancement, shall be for the projects and in
the amounts, specified under this heading in the report accompanying this
Act.</text>
</paragraph></appropriations-small><appropriations-small commented="no" id="H008CC077F54D4254A1DFF78AE4A1255C"><header display-inline="yes-display-inline">Office of inspector general</header><text display-inline="no-display-inline">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.), $112,391,000,
of which $6,600,000 shall remain available until September 30,
2013.</text>
</appropriations-small><appropriations-small commented="no" id="H4BDADBC74FFB479C81AFFA91CFDD2F76"><header display-inline="yes-display-inline">Construction, major projects</header><text display-inline="no-display-inline">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,
$589,604,000, to remain available until expended, of which $5,000,000 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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That funds made
available under this heading for fiscal year 2012, for each approved project
shall be obligated:</text>
<paragraph id="id63BFBC82C6424C72B2D553A1D1A47CC4"><enum>(1)</enum><text display-inline="yes-display-inline">by the awarding of a construction documents
contract by September 30, 2012; and</text>
</paragraph><paragraph id="id5220F3E8ED3649D48C60A1E09A9121AA"><enum>(2)</enum><text display-inline="yes-display-inline">by the awarding of a construction contract
by September 30, 2013:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
</paragraph></appropriations-small><appropriations-small commented="no" id="H62F09D480AFC43CCA4A5A9A59E5731AF"><header display-inline="yes-display-inline">Construction, minor projects</header><text display-inline="no-display-inline">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, $550,091,000, to remain available until expended, along
with unobligated balances of previous <quote>Construction, minor
projects</quote> 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:
<proviso><italic>Provided</italic></proviso>, That funds made available
under this heading shall be for:</text>
<paragraph id="id5FF6273ABD024A279553CCEDD8BF5D39"><enum>(1)</enum><text display-inline="yes-display-inline">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</text>
</paragraph><paragraph id="id45684EBF44074590AC8F024219875F00"><enum>(2)</enum><text display-inline="yes-display-inline">temporary measures necessary to prevent or
to minimize further loss by such causes.</text>
</paragraph></appropriations-small><appropriations-small commented="no" id="HB8628B17A6FF4A30AAA27815C4CC4AA9"><header display-inline="yes-display-inline">Grants for construction of state extended
care facilities</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-small commented="no" id="H3CC412EC29904E5EB8F18BFC2F407552"><header display-inline="yes-display-inline">Grants for construction of veterans
cemeteries</header><text display-inline="no-display-inline">For grants to
assist States and tribal governments in establishing, expanding, or improving
veterans cemeteries as authorized by section 2408 of title 38, United States
Code, $46,000,000, to remain available until
expended.</text>
</appropriations-small><appropriations-intermediate commented="no" id="HE626BC2207CF402E9C6E7D2FE3A7CD52"><header display-inline="yes-display-inline">Administrative
provisions</header>
</appropriations-intermediate><appropriations-small commented="no" id="HBF27C6E01C754451ABFCA9FE29E901A7"><header display-inline="yes-display-inline">(including transfer of
funds)</header>
</appropriations-small><section commented="no" display-inline="no-display-inline" id="H52366C2AFDB44AFAA3A1FAC63D77B63E" section-type="subsequent-section"><enum>201.</enum><text display-inline="yes-display-inline">Any appropriation for fiscal year 2012 for
<quote>Compensation and pensions</quote>, <quote>Readjustment benefits</quote>,
and <quote>Veterans insurance and indemnities</quote> may be transferred as
necessary to any other of the mentioned appropriations:
<proviso><italic>Provided</italic></proviso>, 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.</text>
<appropriations-small commented="no" id="H8942DE86FAAD4533A54EB5B97DF0015F"><header display-inline="yes-display-inline">(including transfer of
funds)</header>
</appropriations-small></section><section commented="no" display-inline="no-display-inline" id="HDFCB2429C7164827B2E26BF6F16D8F64" section-type="subsequent-section"><enum>202.</enum><text display-inline="yes-display-inline">Amounts made available for the Department
of Veterans Affairs for fiscal year 2012, in this Act or any other Act, under
the <quote>Medical services</quote>, <quote>Medical support and
compliance</quote>, and <quote>Medical facilities</quote> accounts may be
transferred among the accounts:
<proviso><italic>Provided</italic></proviso>, That any transfers
between the <quote>Medical services</quote> and <quote>Medical support and
compliance</quote> 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:
<proviso><italic>Provided further</italic></proviso>, That any
transfers between the <quote>Medical services</quote> and <quote>Medical
support and compliance</quote> 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:
<proviso><italic>Provided further</italic></proviso>, That any
transfers to or from the <quote>Medical facilities</quote> 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.</text>
</section><section commented="no" display-inline="no-display-inline" id="H66C37C36894940FC9C8667537912CB0A" section-type="subsequent-section"><enum>203.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="H4A43EC89774D4E609EA34BBED4E869EA" section-type="subsequent-section"><enum>204.</enum><text display-inline="yes-display-inline">No appropriations in this title (except the
appropriations for <quote>Construction, major projects</quote>, and
<quote>Construction, minor projects</quote>) shall be available for the
purchase of any site for or toward the construction of any new hospital or
home.</text>
</section><section commented="no" display-inline="no-display-inline" id="H024E39F4F286422FB66D995DE6FEE40E" section-type="subsequent-section"><enum>205.</enum><text display-inline="yes-display-inline">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 <quote>Medical services</quote> account at such rates as may be
fixed by the Secretary of Veterans Affairs.</text>
</section><section commented="no" display-inline="no-display-inline" id="H64918A83CDAC4E469439AFBCBBF0B6DB" section-type="subsequent-section"><enum>206.</enum><text display-inline="yes-display-inline">Appropriations available in this title for
<quote>Compensation and pensions</quote>, <quote>Readjustment benefits</quote>,
and <quote>Veterans insurance and indemnities</quote> 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 2011.</text>
</section><section commented="no" display-inline="no-display-inline" id="H97AF3C864FE34483A27A6991EF8DE021" section-type="subsequent-section"><enum>207.</enum><text display-inline="yes-display-inline">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 <quote>Compensation and
pensions</quote>.</text>
<appropriations-small commented="no" id="HBC4967DCC9DC4FBD9CA36386FBB1DA56"><header display-inline="yes-display-inline">(including transfer of
funds)</header>
</appropriations-small></section><section commented="no" display-inline="no-display-inline" id="HE06D290A0B07467E98DF10944E0F6442" section-type="subsequent-section"><enum>208.</enum><text display-inline="yes-display-inline">Notwithstanding any other provision of law,
during fiscal year 2012, 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
<quote>General operating expenses, Veterans Benefits Administration</quote> and
<quote>Information technology systems</quote> accounts for the cost of
administration of the insurance programs financed through those accounts:
<proviso><italic>Provided</italic></proviso>, That reimbursement shall
be made only from the surplus earnings accumulated in such an insurance program
during fiscal year 2012 that are available for dividends in that program after
claims have been paid and actuarially determined reserves have been set aside:
<proviso><italic>Provided further</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, That the
Secretary shall determine the cost of administration for fiscal year 2012 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.</text>
</section><section commented="no" display-inline="no-display-inline" id="H77B7908CBE6C4B9FA1C2C951F292A01F" section-type="subsequent-section"><enum>209.</enum><text display-inline="yes-display-inline">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.</text>
<appropriations-small commented="no" id="HEDF1182914894201BC289A2F6EB45742"><header display-inline="yes-display-inline">(including transfer of
funds)</header>
</appropriations-small></section><section commented="no" display-inline="no-display-inline" id="H123EFCDB9DFC4F03B23E49DF8F13D8A0" section-type="subsequent-section"><enum>210.</enum><text display-inline="yes-display-inline">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 $42,904,000 for the Office of
Resolution Management and $3,360,000 for the Office of Employment and
Discrimination Complaint Adjudication:
<proviso><italic>Provided</italic></proviso>, That payments may be made
in advance for services to be furnished based on estimated costs:
<proviso><italic>Provided further</italic></proviso>, That amounts
received shall be credited to the <quote>General administration</quote> and
<quote>Information technology systems</quote> accounts for use by the office
that provided the service.</text>
</section><section commented="no" display-inline="no-display-inline" id="H53E9CCF707644E38B44AF0C76BB4B03D" section-type="subsequent-section"><enum>211.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="H5206250163A34090AF806F2218B5E8C5" section-type="subsequent-section"><enum>212.</enum><text display-inline="yes-display-inline">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:
<proviso><italic>Provided</italic></proviso>, 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:
<proviso><italic>Provided further</italic></proviso>, 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.</text>
<appropriations-small commented="no" id="HEA97B6033E81492CBB63395C4EF47088"><header display-inline="yes-display-inline">(including transfer of
funds)</header>
</appropriations-small></section><section commented="no" display-inline="no-display-inline" id="HCF4BC951BBC1406789BBA0EFA2AB9D10" section-type="subsequent-section"><enum>213.</enum><text display-inline="yes-display-inline">Notwithstanding any other provision of law,
proceeds or revenues derived from enhanced-use leasing activities (including
disposal) may be deposited into the <quote>Construction, major projects</quote>
and <quote>Construction, minor projects</quote> 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 <quote>Construction, major projects</quote> and
<quote>Construction, minor projects</quote>.</text>
</section><section commented="no" display-inline="no-display-inline" id="HD408FE6E72D9466FB669F96B113BC6AD" section-type="subsequent-section"><enum>214.</enum><text display-inline="yes-display-inline">Amounts made available under <quote>Medical
services</quote> are available—</text>
<paragraph commented="no" display-inline="no-display-inline" id="HBDAD53EF4CF34502AF4F5D14B2DD82D2"><enum>(1)</enum><text display-inline="yes-display-inline">for furnishing recreational facilities,
supplies, and equipment; and</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="HC0FD1430B01147CE996F9AE1010F4473"><enum>(2)</enum><text display-inline="yes-display-inline">for funeral expenses, burial expenses, and
other expenses incidental to funerals and burials for beneficiaries receiving
care in the Department.</text>
</paragraph></section><appropriations-small commented="no" id="HC707E2F43D5B45589D2D14B1837227FF"><header display-inline="yes-display-inline">(including transfer of
funds)</header>
</appropriations-small><section commented="no" display-inline="no-display-inline" id="H8D7FB47F028149C2AAC34F48C7B54BF5" section-type="subsequent-section"><enum>215.</enum><text display-inline="yes-display-inline">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 <quote>Medical services</quote>, to remain
available until expended for the purposes of that account.</text>
</section><section commented="no" display-inline="no-display-inline" id="HCBE851A506D541348C8FC28B30DEF222" section-type="subsequent-section"><enum>216.</enum><text display-inline="yes-display-inline">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 <quote>rural Alaska</quote> 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.</text>
<appropriations-small commented="no" id="HB00DADCA20AD45E0B27208B2105E525E"><header display-inline="yes-display-inline">(including transfer of
funds)</header>
</appropriations-small></section><section commented="no" display-inline="no-display-inline" id="HA936E105E449452DB745FA31A354D49B" section-type="subsequent-section"><enum>217.</enum><text display-inline="yes-display-inline">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 <quote>Construction,
major projects</quote> and <quote>Construction, minor projects</quote>
accounts, to remain available until expended for the purposes of these
accounts.</text>
</section><section commented="no" display-inline="no-display-inline" id="HEF3B76229E4144419FBA90AC88AB62ED" section-type="subsequent-section"><enum>218.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="HE49F5F7A220041DB87BB208032D017C2" section-type="subsequent-section"><enum>219.</enum><text display-inline="yes-display-inline">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.</text>
<appropriations-small commented="no" id="H429BD4F5C2F14FB5AF657AAFBFEE3990"><header display-inline="yes-display-inline">(including transfer of
funds)</header>
</appropriations-small></section><section commented="no" display-inline="no-display-inline" id="HBEA748F82AE74CA7886D14DE3B939147" section-type="subsequent-section"><enum>220.</enum><text display-inline="yes-display-inline">Amounts made available under the
<quote>Medical services</quote>, <quote>Medical support and compliance</quote>,
<quote>Medical facilities</quote>, <quote>General operating expenses, Veterans
Benefits Administration</quote>, <quote>General administration</quote>, and
<quote>National cemetery administration</quote> accounts for fiscal year 2012,
may be transferred to or from the <quote>Information technology systems</quote>
account:
<proviso><italic>Provided</italic></proviso>, 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.</text>
<appropriations-small commented="no" id="idA186889642B94F6D9BD49444B5372E62"><header display-inline="yes-display-inline">(including transfer of
funds)</header>
</appropriations-small></section><section commented="no" display-inline="no-display-inline" id="H8397F9331AFE4A2DB5DEAEB31281DC4C" section-type="subsequent-section"><enum>221.</enum><text display-inline="yes-display-inline">Amounts made available for the
<quote>Information technology systems</quote> account for development,
modernization, and enhancement may be transferred between projects or to newly
defined projects:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</section><section commented="no" display-inline="no-display-inline" id="H46C91E2E0479489CB7F0941879CA97DB" section-type="subsequent-section"><enum>222.</enum><text display-inline="yes-display-inline">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—</text>
<paragraph commented="no" display-inline="no-display-inline" id="HE74EF8FBA38A4075A2BEC6CC3E6BD59A"><enum>(1)</enum><text display-inline="yes-display-inline">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</text>
</paragraph><paragraph commented="no" display-inline="no-display-inline" id="HCA34850A300749EA9A727198A29E2B7D"><enum>(2)</enum><text display-inline="yes-display-inline">section 8110(a)(5) of title 38, United
States Code.</text>
</paragraph></section><section commented="no" display-inline="no-display-inline" id="HAC0C129BC9674A65A574BFBB48507EDF" section-type="subsequent-section"><enum>223.</enum><text display-inline="yes-display-inline">Of the amounts made available to the
Department of Veterans Affairs for fiscal year 2012, in this Act or any other
Act, under the <quote>Medical facilities</quote> account for nonrecurring
maintenance, not more than 20 percent of the funds made available shall be
obligated during the last 2 months of that fiscal year:
<proviso><italic>Provided</italic></proviso>, That the Secretary may
waive this requirement after providing written notice to the Committees on
Appropriations of both Houses of Congress.</text>
<appropriations-small id="H481BA9FE2FBC4A9BBD929FB63A43B02A"><header>(including transfer of
funds)</header>
</appropriations-small></section><section id="H56BCDC69598C480F857ADCA7E28447E4"><enum>224.</enum><text display-inline="yes-display-inline">Of the amounts appropriated to the
Department of Veterans Affairs for fiscal year 2011 for <quote>Medical
services</quote>, <quote>Medical support and compliance</quote>, <quote>Medical
facilities</quote>, <quote>Construction, minor projects</quote>, and
<quote>Information technology systems</quote>, up to $241,666,000, 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 the National Defense Authorization
Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 3571) and may be used
for operation of the facilities designated as combined Federal medical
facilities as described by section 706 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4500):
<proviso><italic>Provided</italic>,</proviso> That additional funds may
be transferred from accounts designated in this section to the Joint Department
of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund
upon written notification by the Secretary of Veterans Affairs to the
Committees on Appropriations of both Houses of Congress.</text>
<appropriations-small id="H9A1D4BB2E72A42FAAA3135FFEEC8A077"><header>(including transfer of
funds)</header>
</appropriations-small></section><section id="HF724FC1EAD7143888DF80C9A5EB84FAD"><enum>225.</enum><text display-inline="yes-display-inline">Such sums as may be deposited to the
Medical Care Collections Fund pursuant to section 1729A of title 38, United
States Code, for healthcare provided at facilities designated as combined
Federal medical facilities as described by section 706 of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417;
122 Stat. 4500) shall also be available:</text>
<paragraph id="idD89B71960C654C5F92DEA9FC330AF3CB"><enum>(1)</enum><text display-inline="yes-display-inline">for transfer to the Joint Department of
Defense-Department of Veterans Affairs Medical Facility Demonstration Fund,
established by section 1704 of title XVII of the National Defense Authorization
Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 3571); and</text>
</paragraph><paragraph id="idDD2641E989F94412A8659670F767D719"><enum>(2)</enum><text display-inline="yes-display-inline">for operations of the facilities designated
as combined Federal medical facilities as described by section 706 of the
Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public
Law 110–417; 122 Stat. 4500).</text>
</paragraph></section><appropriations-small id="HAF1FB7E09CCE450A9C5098697B491CD7"><header>(including transfer of
funds)</header>
</appropriations-small><section id="H8874106AF3C74296A9C64F3E1D832551"><enum>226.</enum><text display-inline="yes-display-inline">Of the amounts available in this title for
<quote>Medical services</quote>, <quote>Medical support and compliance</quote>,
and <quote>Medical facilities</quote>, 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.</text>
<appropriations-small id="H5F4C84BD1191478D88968D56B821E7BC"><header>(including rescission of
funds)</header>
</appropriations-small></section><section display-inline="no-display-inline" id="HB81746638851441D8FF15B75B0D0D4FC"><enum>227.</enum><subsection commented="no" display-inline="yes-display-inline" id="H8D72847DF4D24EE88FBE0FDD6E17FAA2"><enum>(a)</enum><text display-inline="yes-display-inline">Of the funds appropriated in title X of
division B of Public Law 112–10, the following amounts which will become
available on October 1, 2011, are hereby rescinded from the following accounts
in the amounts specified:</text>
<paragraph changed="added" display-inline="no-display-inline" id="id03B9F304205B4A818A15DD3216618D9E" reported-display-style="italic"><enum>(1)</enum><text display-inline="yes-display-inline"><quote>Department of Veterans Affairs,
Medical services</quote>, $1,400,000,000.</text>
</paragraph><paragraph changed="added" display-inline="no-display-inline" id="id099DB175A4DF4B4AA543360C6455FDC3" reported-display-style="italic"><enum>(2)</enum><text display-inline="yes-display-inline"><quote>Department of Veterans Affairs,
Medical support and compliance</quote>, $100,000,000.</text>
</paragraph><paragraph changed="added" display-inline="no-display-inline" id="idF6741402C20E40F3A6C316DEC19B7D2B" reported-display-style="italic"><enum>(3)</enum><text display-inline="yes-display-inline"><quote>Department of Veterans Affairs,
Medical facilities</quote>, $250,000,000.</text>
</paragraph></subsection><subsection changed="added" display-inline="no-display-inline" id="id8555832A069B4D10B28289E05AC88A2E" reported-display-style="italic"><enum>(b)</enum><text display-inline="yes-display-inline">In addition to amounts provided elsewhere
in this Act, an additional amount is appropriated to the following accounts in
the amounts specified, to become available on October 1, 2011, and to remain
available until September 30, 2013:</text>
<paragraph display-inline="no-display-inline" id="idFBD9E165D38E4FDF9EE536A91613047F"><enum>(1)</enum><text display-inline="yes-display-inline"><quote>Department of Veterans Affairs,
Medical services</quote>, $1,400,000,000.</text>
</paragraph><paragraph display-inline="no-display-inline" id="idEDC84D5C92A74100BF395AFC0ED62555"><enum>(2)</enum><text display-inline="yes-display-inline"><quote>Department of Veterans Affairs,
Medical support and compliance</quote>, $100,000,000.</text>
</paragraph><paragraph display-inline="no-display-inline" id="idFFC3671F92484A48BC913F4738DD694E"><enum>(3)</enum><text display-inline="yes-display-inline"><quote>Department of Veterans Affairs,
Medical facilities</quote>, $250,000,000.</text>
</paragraph></subsection></section><section display-inline="no-display-inline" id="HFFFDC4B8EEF745EF9D87A613CD866162" section-type="subsequent-section"><enum>228.</enum><text display-inline="yes-display-inline">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 5 percent of the programmed amount of the project, whichever is
less:
<proviso><italic>Provided</italic></proviso>, That such notification
shall occur within 14 days of a contract identifying the programmed amount:
<proviso><italic>Provided further,</italic></proviso> That the
Secretary shall notify the committees 14 days prior to the obligation of such
bid savings and shall describe the anticipated use of such savings.</text>
</section><section id="H7257831F7FB349A38A63D1E91F6E337B"><enum>229.</enum><text display-inline="yes-display-inline">The scope of work for a project included in
<quote>Construction, major projects</quote> 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.</text>
</section><section id="ID8879b9f98fb144c8a484bd58caa66653"><enum>230.</enum><subsection commented="no" display-inline="yes-display-inline" id="id30BEE0B5347841EB9C194D17F5DCB951"><enum>(a)</enum><text display-inline="yes-display-inline">Not later than 90 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs, in coordination
with the Defense Advanced Research Projects Agency (DARPA), shall submit to the
Committee on Appropriations, the Committee on Veterans' Affairs, and the
Committee on Armed Services of the Senate and the Committee on Appropriations,
the Committee on Veterans' Affairs, and the Committee on Armed Services of the
House of Representatives a report, in writing, on the plans of the Secretary to
make available to injured members of the Armed Forces and veterans the next
generation of advanced prosthetics.</text>
</subsection><subsection changed="added" id="id81582CF11D81480B8944A08443099617" reported-display-style="italic"><enum>(b)</enum><text display-inline="yes-display-inline">The report required by subsection (a) shall
include the following:</text>
<paragraph id="id1B2032F9DBCF4B79AFE0A385ED6DEFA1"><enum>(1)</enum><text display-inline="yes-display-inline">Details of the strategic plan and timetable
of the Secretary to make available to injured members of the Armed Forces and
veterans the next generation of advanced prosthetics</text>
</paragraph><paragraph id="id0F21DD3F948249678E6B756A9D249602"><enum>(2)</enum><text display-inline="yes-display-inline">A description of the challenges, both
technical and administrative, that could delay injured members of the Armed
Forces and veterans access to prosthetics described in paragraph (1).</text>
</paragraph><paragraph id="id7D665302E38D4D219954DC4482E1CC2B"><enum>(3)</enum><text display-inline="yes-display-inline">The plans of the Secretary to address these
challenges described under paragraph (2).</text>
</paragraph></subsection></section><enum>III</enum><header display-inline="no-display-inline">Related agencies</header>
<appropriations-intermediate commented="no" id="H48D57BA833314B87A37592DCE6D203BE"><header display-inline="yes-display-inline">American battle monuments
commission</header>
</appropriations-intermediate><appropriations-small commented="no" id="HE28357BD6C734C20B93CCEA964C63506"><header display-inline="yes-display-inline">Salaries and expenses</header><text display-inline="no-display-inline">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, $61,100,000, to
remain available until expended.</text>
</appropriations-small><appropriations-small commented="no" id="HCBF086631005468EB375BC17E03C2EF4"><header display-inline="yes-display-inline">Foreign currency fluctuations
account</header><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="HC8DF94F16982474CA79A2530B6DA15EE"><header display-inline="yes-display-inline">United states court of appeals for veterans
claims</header>
</appropriations-intermediate><appropriations-small commented="no" id="H60706F710C6440A38705DA5C5803BB9E"><header display-inline="yes-display-inline">Salaries and expenses</header><text display-inline="no-display-inline">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, $30,770,000:
<proviso><italic>Provided</italic></proviso>, That $2,726,323 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.</text>
</appropriations-small><appropriations-intermediate id="H59D9877F36F64CFEB0AF9E221FD68144"><header>
Department of Defense—Civil</header>
</appropriations-intermediate><appropriations-intermediate id="HE4211E2800F94E829A07E8A70B6433DC"><header>Cemeterial expenses,
Army</header>
</appropriations-intermediate><appropriations-small id="HCA62F63949074296A0FBA87B9E066F5E"><header>Salaries and expenses</header><text display-inline="no-display-inline">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, $45,800,000, to remain
available until expended:
<proviso><italic>Provided</italic></proviso>, 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.</text>
</appropriations-small><appropriations-small id="idB48E0E9AB69144A5BAD845C0378BB258"><text display-inline="no-display-inline">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.</text>
</appropriations-small><appropriations-intermediate commented="no" id="H1559793E9F7A45FE883D46D1957D2ADB"><header display-inline="yes-display-inline">Armed forces retirement
home</header>
</appropriations-intermediate><appropriations-small commented="no" id="HE54C7F6A0F284689AF459259C2A9B542"><header display-inline="yes-display-inline">Trust fund</header><text display-inline="no-display-inline">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, $67,700,000, 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.</text>
</appropriations-small><section id="id43F2900FBE144EF0820559F9BCBFC39D"><enum>301.</enum><text display-inline="yes-display-inline">Not later than 90 days after enactment of
this Act, the Executive Director of Arlington National Cemetery shall provide a
report to the Committees on Appropriations of the Senate and the House of
Representatives; the Senate Armed Services Committee; the Senate Veterans'
Affairs Committee; and the Senate Homeland Security and Governmental Affairs
Committee, detailing the strategic plan and timetable to modernize the
Cemetery's Information Technology system, including electronic burial records.
The report should also include a description of the steps taken by the
Executive Director in 2011 to implement information technology and management
systems improvements, and identify any remaining information technology and
systems infrastructure needs of Arlington National Cemetery.</text>
</section><enum>IV</enum><header display-inline="no-display-inline">General provisions</header>
<section commented="no" display-inline="no-display-inline" id="ID1B2872B919A542888A85369E306A465E" section-type="subsequent-section"><enum>401.</enum><text display-inline="yes-display-inline">No part of any appropriation contained in
this Act shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.</text>
</section><section commented="no" display-inline="no-display-inline" id="ID2D4A60DDB74E47589CCBAC74495B7291" section-type="subsequent-section"><enum>402.</enum><text display-inline="yes-display-inline">Such sums as may be necessary for fiscal
year 2012 for pay raises for programs funded by this Act shall be absorbed
within the levels appropriated in this Act.</text>
</section><section commented="no" display-inline="no-display-inline" id="IDA22F13D14D4A4370A1C6AAD05A7F8735" section-type="subsequent-section"><enum>403.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="IDC86DD2948C294D26A2C79C06D11BC0AA" section-type="subsequent-section"><enum>404.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="ID19FEDAEA592A404F891750EF7DD426EA" section-type="subsequent-section"><enum>405.</enum><text display-inline="yes-display-inline">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 <quote>E-Commerce</quote>
technologies and procedures in the conduct of their business practices and
public service activities.</text>
</section><section commented="no" display-inline="no-display-inline" id="ID375A7FA5F610490587D7BB0BEF86A2C7" section-type="subsequent-section"><enum>406.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" display-inline="no-display-inline" id="ID20089C13882B4874B820FF662658255B" section-type="subsequent-section"><enum>407.</enum><text display-inline="yes-display-inline">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.</text>
</section><section commented="no" id="H0C14A5A9D942461F97FD1A56C9453922" section-type="subsequent-section"><enum>408.</enum><subsection commented="no" display-inline="yes-display-inline" id="HAEF398C4C0364A7A8F5C82AA2010589B"><enum>(a)</enum><text display-inline="yes-display-inline">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.</text>
</subsection><subsection changed="added" commented="no" id="HFE0E43F7C34F4B7F8203C3B7DDF30E46" reported-display-style="italic"><enum>(b)</enum><text>Subsection (a) shall not
apply to a report if—</text>
<paragraph commented="no" id="H9876377ABB6C42C69F151DCA1123CCD9"><enum>(1)</enum><text>the public posting of the
report compromises national security; or</text>
</paragraph><paragraph commented="no" id="H7DB8AE8597F54881A83C43970CB73DEB"><enum>(2)</enum><text>the report contains
confidential or proprietary information.</text>
</paragraph></subsection><subsection changed="added" commented="no" id="HE57A161749014B9E828AEBF4E97C9CD7" reported-display-style="italic"><enum>(c)</enum><text>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.</text>
</subsection></section><section commented="no" id="idA67A66247D4F4D3BA360F69275F85061"><enum>409.</enum><subsection commented="no" display-inline="yes-display-inline" id="idB43D7B0F4EF5480F856CD97C1531393C"><enum>(a)</enum><header>In
General</header><text display-inline="yes-display-inline">None of the funds
appropriated or otherwise made available to the Department of Defense in this
Act may be used to construct, renovate, or expand any facility in the United
States, its territories, or possessions to house any individual detained at
United States Naval Station, Guantanamo Bay, Cuba, for the purposes of
detention or imprisonment in the custody or under the control of the Department
of Defense unless authorized by Congress.</text>
</subsection><subsection changed="added" commented="no" id="id8AB028568A974481926E9A0BA2AEEF3A" reported-display-style="italic"><enum>(b)</enum><header>Exception</header><text display-inline="yes-display-inline">The prohibition in subsection (a) shall not
apply to any modification of facilities at United States Naval Station,
Guantanamo Bay, Cuba.</text>
</subsection></section><section commented="no" display-inline="no-display-inline" id="HC7E8AA6A643F4FE694D51F58D942E88E" section-type="undesignated-section"><text display-inline="yes-display-inline">This Act may be cited as the
<quote><short-title>Military Construction and Veterans
Affairs, and Related Agencies Appropriations Act,
2012</short-title></quote>.</text>
</section>
Secretary