[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2055 Reported in Senate (RS)]
Calendar No. 91
112th CONGRESS
1st Session
H. R. 2055
[Report No. 112-29]
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 15, 2011
Received; read twice and referred to the Committee on Appropriations
June 30, 2011
Reported by Mr. Johnson of South Dakota, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <DELETED>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:
<DELETED>TITLE I</DELETED>
<DELETED>DEPARTMENT OF DEFENSE</DELETED>
<DELETED>Military Construction, Army</DELETED>
<DELETED>(including rescission of funds)</DELETED>
<DELETED> 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, $3,141,491,000, to remain
available until September 30, 2016: Provided, 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 Army determines that additional
obligations are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of the determination and
the reasons therefor: Provided further, That of the unobligated
balances available for ``Military Construction, Army'' from prior
appropriations Acts (other than appropriations designated by law as
being for contingency operations directly related to the global war on
terrorism or as an emergency requirement), $100,000,000 are hereby
rescinded.</DELETED>
<DELETED>Military Construction, Navy and Marine Corps</DELETED>
<DELETED>(including rescission of funds)</DELETED>
<DELETED> 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, $2,461,547,000, to remain
available until September 30, 2016: Provided, 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 the Navy determines that additional obligations are
necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the determination and the
reasons therefor: Provided further, That of the unobligated balances
available for ``Military Construction, Navy and Marine Corps'' from
prior appropriations Acts (other than appropriations designated by law
as being for contingency operations directly related to the global war
on terrorism or as an emergency requirement), $25,000,000 are hereby
rescinded.</DELETED>
<DELETED>Military Construction, Air Force</DELETED>
<DELETED>(including rescission of funds)</DELETED>
<DELETED> 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, $1,279,358,000, to remain available until September 30, 2016:
Provided, 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 the Air Force
determines that additional obligations are necessary for such purposes
and notifies the Committees on Appropriations of both Houses of
Congress of the determination and the reasons therefor: Provided
further, That of the unobligated balances available for ``Military
Construction, Air Force'' from prior appropriations Acts (other than
appropriations designated by law as being for contingency operations
directly related to the global war on terrorism or as an emergency
requirement), $32,000,000 are hereby rescinded.</DELETED>
<DELETED>Military Construction, Defense-Wide</DELETED>
<DELETED>(including transfer and rescission of funds)</DELETED>
<DELETED> 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,
$3,665,157,000, to remain available until September 30, 2016:
Provided, That such amounts of this appropriation as may be determined
by the Secretary of Defense may be transferred to such appropriations
of the Department of Defense available for military construction or
family housing as the Secretary may designate, to be merged with and to
be available for the same purposes, and for the same time period, as
the appropriation or fund to which transferred: Provided further, That
of the amount appropriated, not to exceed $454,602,000 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: Provided
further, 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:
Provided further, That of the unobligated balances available for
``Military Construction, Defense-Wide'' in prior appropriations Acts
(other than appropriations designated by law as being for contingency
operations directly related to the global war on terrorism or as an
emergency requirement), $131,400,000 are hereby rescinded.</DELETED>
<DELETED>Military Construction, Army National Guard</DELETED>
<DELETED> For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and administration of the
Army National Guard, and contributions therefore, as authorized by
chapter 1803 of title 10, United States Code, and Military Construction
Authorization Acts, $773,592,000 (increased by $25,000,000), to remain
available until September 30, 2016: Provided, 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 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.</DELETED>
<DELETED>Military Construction, Air National Guard</DELETED>
<DELETED> 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: Provided, 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
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.</DELETED>
<DELETED>Military Construction, Army Reserve</DELETED>
<DELETED> 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: Provided, 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 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.</DELETED>
<DELETED>Military Construction, Navy Reserve</DELETED>
<DELETED> 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: Provided, 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 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.</DELETED>
<DELETED>Military Construction, Air Force Reserve</DELETED>
<DELETED> For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and administration of the
reserve components 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: Provided, 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 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.</DELETED>
<DELETED>North Atlantic Treaty Organization</DELETED>
<DELETED>Security Investment Program</DELETED>
<DELETED> 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 (reduced by
$25,000,000), to remain available until expended.</DELETED>
<DELETED>Family Housing Construction, Army</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Family Housing Operation and Maintenance, Army</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Family Housing Construction, Navy and Marine Corps</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Family Housing Operation and Maintenance, Navy and Marine
Corps</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Family Housing Construction, Air Force</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Family Housing Operation and Maintenance, Air Force</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Family Housing Operation and Maintenance, Defense-
Wide</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Department of Defense Family Housing Improvement
Fund</DELETED>
<DELETED> For the Department of Defense Family Housing Improvement
Fund, $2,184,000, to remain available until expended, for family
housing initiatives undertaken pursuant to section 2883 of title 10,
United States Code, providing alternative means of acquiring and
improving military family housing and supporting facilities.</DELETED>
<DELETED>Homeowners Assistance Fund</DELETED>
<DELETED> 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, $1,284,000, to remain available
until expended.</DELETED>
<DELETED>Chemical Demilitarization Construction, Defense-Wide</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Department of Defense Base Closure Account 1990</DELETED>
<DELETED> 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),
$373,543,000, to remain available until expended.</DELETED>
<DELETED>Department of Defense Base Closure Account 2005</DELETED>
<DELETED>(including rescission of funds)</DELETED>
<DELETED> 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: Provided, That the
Department of Defense shall notify the Committees on Appropriations of
both Houses of Congress 14 days prior to obligating an amount for a
construction project that exceeds or reduces the amount identified for
that project in the most recently submitted budget request for this
account by 20 percent or $2,000,000, whichever is less: Provided
further, That the previous proviso shall not apply to projects costing
less than $5,000,000, except for those projects not previously
identified in any budget submission for this account and exceeding the
minor construction threshold under section 2805 of title 10, United
States Code: Provided further, That of the unobligated balances
available under this heading from prior appropriation Acts (other than
appropriations designated by law as being for contingency operations
directly related to the global war on terrorism or as an emergency
requirement), $50,000,000 are hereby rescinded, which represent savings
resulting from favorable bids.</DELETED>
<DELETED>Administrative Provisions</DELETED>
<DELETED> Sec. 101. None of the funds made available in this title
shall be expended for payments under a cost-plus-a-fixed-fee contract
for construction, where cost estimates exceed $25,000, to be performed
within the United States, except Alaska, without the specific approval
in writing of the Secretary of Defense setting forth the reasons
therefor.</DELETED>
<DELETED> Sec. 102. Funds made available in this title for
construction shall be available for hire of passenger motor
vehicles.</DELETED>
<DELETED> Sec. 103. Funds made available in this title for
construction may be used for advances to the Federal Highway
Administration, Department of Transportation, for the construction of
access roads as authorized by section 210 of title 23, United States
Code, when projects authorized therein are certified as important to
the national defense by the Secretary of Defense.</DELETED>
<DELETED> Sec. 104. None of the funds made available in this title
may be used to begin construction of new bases in the United States for
which specific appropriations have not been made.</DELETED>
<DELETED> Sec. 105. None of the funds made available in this title
shall be used for purchase of land or land easements in excess of 100
percent of the value as determined by the Army Corps of Engineers or
the Naval Facilities Engineering Command, except: (1) where there is a
determination of value by a Federal court; (2) purchases negotiated by
the Attorney General or the designee of the Attorney General; (3) where
the estimated value is less than $25,000; or (4) as otherwise
determined by the Secretary of Defense to be in the public
interest.</DELETED>
<DELETED> Sec. 106. None of the funds made available in this title
shall be used to: (1) acquire land; (2) provide for site preparation;
or (3) install utilities for any family housing, except housing for
which funds have been made available in annual Acts making
appropriations for military construction.</DELETED>
<DELETED> Sec. 107. None of the funds made available in this title
for minor construction may be used to transfer or relocate any activity
from one base or installation to another, without prior notification to
the Committees on Appropriations of both Houses of Congress.</DELETED>
<DELETED> Sec. 108. None of the funds made available in this title
may be used for the procurement of steel for any construction project
or activity for which American steel producers, fabricators, and
manufacturers have been denied the opportunity to compete for such
steel procurement.</DELETED>
<DELETED> Sec. 109. None of the funds available to the Department
of Defense for military construction or family housing during the
current fiscal year may be used to pay real property taxes in any
foreign nation.</DELETED>
<DELETED> Sec. 110. None of the funds made available in this title
may be used to initiate a new installation overseas without prior
notification to the Committees on Appropriations of both Houses of
Congress.</DELETED>
<DELETED> Sec. 111. None of the funds made available in this title
may be obligated for architect and engineer contracts estimated by the
Government to exceed $500,000 for projects to be accomplished in Japan,
in any North Atlantic Treaty Organization member country, or in
countries within the United States Central Command Area of
Responsibility, unless such contracts are awarded to United States
firms or United States firms in joint venture with host nation
firms.</DELETED>
<DELETED> Sec. 112. None of the funds made available in this title
for military construction in the United States territories and
possessions in the Pacific and on Kwajalein Atoll, or in countries
within the United States Central Command Area of Responsibility, may be
used to award any contract estimated by the Government to exceed
$1,000,000 to a foreign contractor: Provided, That this section shall
not be applicable to contract awards for which the lowest responsive
and responsible bid of a United States contractor exceeds the lowest
responsive and responsible bid of a foreign contractor by greater than
20 percent: Provided further, That this section shall not apply to
contract awards for military construction on Kwajalein Atoll for which
the lowest responsive and responsible bid is submitted by a Marshallese
contractor.</DELETED>
<DELETED> Sec. 113. The Secretary of Defense shall inform the
appropriate committees of both Houses of Congress, including the
Committees on Appropriations, of 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.</DELETED>
<DELETED> Sec. 114. Not more than 20 percent of the funds made
available in this title which are limited for obligation during the
current fiscal year shall be obligated during the last 2 months of the
fiscal year.</DELETED>
<DELETED> Sec. 115. Funds appropriated to the Department of Defense
for construction in prior years shall be available for construction
authorized for each such military department by the authorizations
enacted into law during the current session of Congress.</DELETED>
<DELETED> Sec. 116. For military construction or family housing
projects that are being completed with funds otherwise expired or
lapsed for obligation, expired or lapsed funds may be used to pay the
cost of associated supervision, inspection, overhead, engineering and
design on those projects and on subsequent claims, if any.</DELETED>
<DELETED> Sec. 117. Notwithstanding any other provision of law, any
funds made available to a military department or defense agency for the
construction of military projects may be obligated for a military
construction project or contract, or for any portion of such a project
or contract, at any time before the end of the fourth fiscal year after
the fiscal year for which funds for such project were made available,
if the funds obligated for such project: (1) are obligated from funds
available for military construction projects; and (2) do not exceed the
amount appropriated for such project, plus any amount by which the cost
of such project is increased pursuant to law.</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> Sec. 118. In addition to any other transfer authority
available to the Department of Defense, proceeds deposited to the
Department of Defense Base Closure Account established by section
207(a)(1) of the Defense Authorization Amendments and Base Closure and
Realignment Act (10 U.S.C. 2687 note) pursuant to section 207(a)(2)(C)
of such Act, may be transferred to the account established by section
2906(a)(1) of the Defense Base Closure and Realignment Act of 1990 (10
U.S.C. 2687 note), to be merged with, and to be available for the same
purposes and the same time period as that account.</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> Sec. 119. Subject to 30 days prior notification, or 14
days for a notification provided in an electronic medium pursuant to
sections 480 and 2883 of title 10, United States Code, to the
Committees on Appropriations of both Houses of Congress, such
additional amounts as may be determined by the Secretary of Defense may
be transferred to: (1) the Department of Defense Family Housing
Improvement Fund from amounts appropriated for construction in ``Family
Housing'' accounts, to be merged with and to be available for the same
purposes and for the same period of time as amounts appropriated
directly to the Fund; or (2) the Department of Defense Military
Unaccompanied Housing Improvement Fund from amounts appropriated for
construction of military unaccompanied housing in ``Military
Construction'' accounts, to be merged with and to be available for the
same purposes and for the same period of time as amounts appropriated
directly to the Fund: Provided, That appropriations made available to
the Funds shall be available to cover the costs, as defined in section
502(5) of the Congressional Budget Act of 1974, of direct loans or loan
guarantees issued by the Department of Defense pursuant to the
provisions of subchapter IV of chapter 169 of title 10, United States
Code, pertaining to alternative means of acquiring and improving
military family housing, military unaccompanied housing, and supporting
facilities.</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> Sec. 120. 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 subsection (d) of section 1013 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 subsection (a)(1)(A) of such section
1013. 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.</DELETED>
<DELETED> Sec. 121. Notwithstanding any other provision of law,
funds made available in this title for operation and maintenance of
family housing shall be the exclusive source of funds for repair and
maintenance of all family housing units, including general or flag
officer quarters: Provided, That not more than $35,000 per unit may be
spent annually for the maintenance and repair of any general or flag
officer quarters without 30 days prior notification, or 14 days for a
notification provided in an electronic medium pursuant to sections 480
and 2883 of title 10, United States Code, to the Committees on
Appropriations of both Houses of Congress, except that an after-the-
fact notification shall be submitted if the limitation is exceeded
solely due to costs associated with environmental remediation that
could not be reasonably anticipated at the time of the budget
submission: Provided further, That the Under Secretary of Defense
(Comptroller) is to report annually to the Committees on Appropriations
of both Houses of Congress all operation and maintenance expenditures
for each individual general or flag officer quarters for the prior
fiscal year.</DELETED>
<DELETED> Sec. 122. 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.</DELETED>
<DELETED> Sec. 123. None of the funds made available in this title,
or in any Act making appropriations for military construction which
remain available for obligation, may be obligated or expended to carry
out a military construction, land acquisition, or family housing
project at or for a military installation approved for closure, or at a
military installation for the purposes of supporting a function that
has been approved for realignment to another installation, in 2005
under the Defense Base Closure and Realignment Act of 1990 (part A of
title XXIX of Public Law 101-510: 10 U.S.C. 2687 note), unless such a
project at a military installation approved for realignment will
support a continuing mission or function at that installation or a new
mission or function that is planned for that installation, or unless
the Secretary of Defense certifies that the cost to the United States
of carrying out such project would be less than the cost to the United
States of cancelling such project, or if the project is at an active
component base that shall be established as an enclave or in the case
of projects having multi-agency use, that another Government agency has
indicated it will assume ownership of the completed project. The
Secretary of Defense may not transfer funds made available as a result
of this limitation from any military construction project, land
acquisition, or family housing project to another account or use such
funds for another purpose or project without the prior approval of the
Committees on Appropriations of both Houses of Congress. This section
shall not apply to military construction projects, land acquisition, or
family housing projects for which the project is vital to the national
security or the protection of health, safety, or environmental quality:
Provided, That the Secretary of Defense shall notify the congressional
defense committees within seven days of a decision to carry out such a
military construction project.</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> Sec. 124. During the 5-year period after appropriations
available in this Act to the Department of Defense for military
construction and family housing operation and maintenance and
construction have expired for obligation, upon a determination that
such appropriations will not be necessary for the liquidation of
obligations or for making authorized adjustments to such appropriations
for obligations incurred during the period of availability of such
appropriations, unobligated balances of such appropriations may be
transferred into the appropriation ``Foreign Currency Fluctuations,
Construction, Defense'', to be merged with and to be available for the
same time period and for the same purposes as the appropriation to
which transferred.</DELETED>
<DELETED> Sec. 125. Amounts appropriated or otherwise made
available in an account funded under the headings in this title may be
transferred among projects and activities within the account in
accordance with the reprogramming guidelines for military construction
and family housing construction contained in the report of the
Committee on Appropriations of the House of Representatives to
accompany this bill and in the guidance for military construction
reprogrammings and notifications contained in Department of Defense
Financial Management Regulation 7000.14-R, Volume 3, Chapter 7, of
February 2009, as in effect on the date of enactment of this
Act.</DELETED>
<DELETED>(rescission of funds)</DELETED>
<DELETED> Sec. 126. Of the unobligated balances available for
``Base Realignment and Closure Account, 1990'' from prior
appropriations Acts (other than appropriations designated by law as
being for contingency operations directly related to the global war on
terrorism or as an emergency requirement), $100,000,000 are hereby
rescinded.</DELETED>
<DELETED> Sec. 127. None of the funds made available by this Act
may be used by the Secretary of Defense to take beneficial occupancy of
more than 1,000 parking spaces provided by the combination spaces
provided by the BRAC 133 project and the lease of spaces in the
immediate vicinity of the BRAC 133 project.</DELETED>
<DELETED> Sec. 128. None of the funds made available by this Act
may be used for any action that relates to or promotes the expansion of
the boundaries or size of the Pinon Canyon Maneuver Site,
Colorado.</DELETED>
<DELETED> Sec. 129. None of the funds made available by this Act
may be used by the Secretary of the Army to relocate a unit of the Army
that would impact more than 200 personnel, calculated as the sum of
impacted members of the regular or reserve components of the Army,
civilian employees of the Department of the Army, and Army contractor
personnel, unless the Secretary certifies to the congressional defense
committees that the Secretary complied with Army Regulation 5-10
relating to the policy, procedures, and responsibilities for Army
stationing actions.</DELETED>
<DELETED>TITLE II</DELETED>
<DELETED>DEPARTMENT OF VETERANS AFFAIRS</DELETED>
<DELETED>Veterans Benefits Administration</DELETED>
<DELETED>compensation and pensions</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> 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:
Provided, That not to exceed $32,187,000 of the amount appropriated
under this heading shall be reimbursed to ``General operating expenses,
Veterans Benefits Administration'', ``Medical support and compliance'',
and ``Information technology systems'' for necessary expenses in
implementing the provisions of chapters 51, 53, and 55 of title 38,
United States Code, the funding source for which is specifically
provided as the ``Compensation and pensions'' appropriation: Provided
further, That such sums as may be earned on an actual qualifying
patient basis, shall be reimbursed to ``Medical care collections fund''
to augment the funding of individual medical facilities for nursing
home care provided to pensioners as authorized.</DELETED>
<DELETED>readjustment benefits</DELETED>
<DELETED> 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: Provided,
That expenses for rehabilitation program services and assistance which
the Secretary is authorized to provide under subsection (a) of section
3104 of title 38, United States Code, other than under paragraphs (1),
(2), (5), and (11) of that subsection, shall be charged to this
account.</DELETED>
<DELETED>veterans insurance and indemnities</DELETED>
<DELETED> For military and naval insurance, national service life
insurance, servicemen's indemnities, service-disabled veterans
insurance, and veterans mortgage life insurance as authorized by
chapters 19 and 21, title 38, United States Code, $100,252,000, to
remain available until expended.</DELETED>
<DELETED>veterans housing benefit program fund</DELETED>
<DELETED> For the cost of direct and guaranteed loans, such sums as
may be necessary to carry out the program, as authorized by subchapters
I through III of chapter 37 of title 38, United States Code: Provided,
That such costs, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That during fiscal year 2012, within the resources
available, not to exceed $500,000 in gross obligations for direct loans
are authorized for specially adapted housing loans.</DELETED>
<DELETED> In addition, for administrative expenses to carry out the
direct and guaranteed loan programs, $154,698,000.</DELETED>
<DELETED>vocational rehabilitation loans program account</DELETED>
<DELETED> For the cost of direct loans, $19,000, as authorized by
chapter 31 of title 38, United States Code: Provided, That such costs,
including the cost of modifying such loans, shall be as defined in
section 502 of the Congressional Budget Act of 1974: Provided further,
That funds made available under this heading are available to subsidize
gross obligations for the principal amount of direct loans not to
exceed $3,019,000.</DELETED>
<DELETED> In addition, for administrative expenses necessary to
carry out the direct loan program, $343,000, which may be paid to the
appropriation for ``General operating expenses, Veterans Benefits
Administration''.</DELETED>
<DELETED>native american veteran housing loan program account</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Veterans Health Administration</DELETED>
<DELETED>medical services</DELETED>
<DELETED> 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 the Caregivers and
Veterans Omnibus Health Services Act of 2010 (Public Law 111-163; 124
Stat. 1174; 38 U.S.C. 7681 note) $41,354,000,000, plus reimbursements,
shall become available on October 1, 2012, and shall remain available
until September 30, 2013: Provided, That, of the amount made available
under this heading $1,000,000,000 (reduced by $20,000,000) (increased
by $20,000,000) shall remain available until September 30, 2014:
Provided further, That, notwithstanding any other provision of law, the
Secretary of Veterans Affairs shall establish a priority for the
provision of medical treatment for veterans who have service-connected
disabilities, lower income, or have special needs: Provided further,
That, notwithstanding any other provision of law, the Secretary of
Veterans Affairs shall give priority funding for the provision of basic
medical benefits to veterans in enrollment priority groups 1 through 6:
Provided further, That, notwithstanding any other provision of law,
the Secretary of Veterans Affairs may authorize the dispensing of
prescription drugs from Veterans Health Administration facilities to
enrolled veterans with privately written prescriptions based on
requirements established by the Secretary: Provided further, That the
implementation of the program described in the previous proviso shall
incur no additional cost to the Department of Veterans Affairs:
Provided further, That of the funds provided in Public Law 112-10 for
``Department of Veterans Affairs, Medical services'' for fiscal year
2012, $664,000,000 shall be available only in the fourth quarter of the
fiscal year upon approval of the Committees on Appropriations of both
Houses of Congress of a request from the Secretary of Veterans Affairs
to release such funding due to unanticipated needs related to economic
conditions.</DELETED>
<DELETED>medical support and compliance</DELETED>
<DELETED> 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 (reduced by $100,000) (increased by $100,000),
plus reimbursements, shall become available on October 1, 2012, and
shall remain available until September 30, 2013: Provided, That, of
the amount made available under this heading $100,000,000 shall remain
available until September 30, 2014.</DELETED>
<DELETED>medical facilities</DELETED>
<DELETED> For necessary expenses for the maintenance and operation
of hospitals, nursing homes, 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:
Provided, That, of the amount made available under this heading,
$100,000,000 shall remain available until September 30, 2014.</DELETED>
<DELETED>medical and prosthetic research</DELETED>
<DELETED> 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, $508,774,000 (increased by $22,000,000),
plus reimbursements, shall remain available until September 30,
2013.</DELETED>
<DELETED>National Cemetery Administration</DELETED>
<DELETED> 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: Provided,
That no funds shall be made available to any project associated with
the National Cemetery Administration's Urban Initiative program until a
strategy to serve rural veterans is finalized and
operational.</DELETED>
<DELETED>Departmental Administration</DELETED>
<DELETED>general administration</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> 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, $422,500,000 (reduced by
$22,000,000), of which not to exceed $22,144,000 shall remain available
until September 30, 2013: Provided, That $20,000,000 shall be used 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:
Provided further, That funds provided under this heading may be
transferred to ``General operating expenses, Veterans Benefits
Administration''.</DELETED>
<DELETED>general operating expenses, veterans benefits
administration</DELETED>
<DELETED> For necessary operating expenses of the Veterans Benefits
Administration, not otherwise provided for, including hire of passenger
motor vehicles, reimbursement of the General Services Administration
for security guard services, and reimbursement of the Department of
Defense for the cost of overseas employee mail, $2,020,128,000 (reduced
by $100,000) (increased by $100,000): Provided, That expenses for
services and assistance authorized under paragraphs (1), (2), (5), and
(11) of section 3104(a) of title 38, United States Code, that the
Secretary of Veterans Affairs determines are necessary to enable
entitled veterans: (1) to the maximum extent feasible, to become
employable and to obtain and maintain suitable employment; or (2) to
achieve maximum independence in daily living, shall be charged to this
account: Provided further, That of the funds made available under this
heading, not to exceed $105,856,000 shall remain available until
September 30, 2013: Provided further, That from the funds made
available under this heading, the Veterans Benefits Administration may
purchase (on a one-for-one replacement basis only) up to two passenger
motor vehicles for use in operations of that Administration in Manila,
Philippines.</DELETED>
<DELETED>information technology systems</DELETED>
<DELETED> 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,
$3,025,000,000 (reduced by $70,000,000) (increased by $70,000,000),
plus reimbursements, shall remain available until September 30, 2013:
Provided, That none of the funds made available under this heading may
be obligated until the Department of Veterans Affairs submits to the
Committees on Appropriations of both Houses of Congress, and such
Committees approve, a plan for expenditure that: (1) meets the capital
planning and investment control review requirements established by the
Office of Management and Budget; (2) complies with the Department of
Veterans Affairs enterprise architecture; (3) conforms with an
established enterprise life cycle methodology; and (4) complies with
the acquisition rules, requirements, guidelines, and systems
acquisition management practices of the Federal Government: Provided
further, That not later than 30 days after the date of the enactment of
this Act, the Secretary of Veterans Affairs shall submit to the
Committees on Appropriations of both Houses of Congress a reprogramming
base letter which sets forth, by project, the operations and
maintenance costs, with salary expenses separately designated, and
development costs to be carried out utilizing amounts made available
under this heading.</DELETED>
<DELETED>office of inspector general</DELETED>
<DELETED> For necessary expenses of the Office of Inspector General,
to include information technology, in carrying out the provisions of
the Inspector General Act of 1978 (5 U.S.C. App.), $109,391,000, of
which $6,000,000 shall remain available until September 30,
2013.</DELETED>
<DELETED>construction, major projects</DELETED>
<DELETED> 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 September 30, 2016, 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: Provided, That except for advance planning activities,
including needs assessments which may or may not lead to capital
investments, and other capital asset management related activities,
including portfolio development and management activities, and
investment strategy studies funded through the advance planning fund
and the planning and design activities funded through the design fund,
including needs assessments which may or may not lead to capital
investments, and salaries and associated costs of the resident
engineers who oversee those capital investments funded through this
account, and funds provided for the purchase of land for the National
Cemetery Administration through the land acquisition line item, none of
the funds made available under this heading shall be used for any
project which has not been approved by the Congress in the budgetary
process: Provided further, That funds made available under this
heading for fiscal year 2012, for each approved project shall be
obligated: (1) by the awarding of a construction documents contract by
September 30, 2012; and (2) by the awarding of a construction contract
by September 30, 2013: Provided further, That the Secretary of
Veterans Affairs shall promptly submit to the Committees on
Appropriations of both Houses of Congress a written report on any
approved major construction project for which obligations are not
incurred within the time limitations established above.</DELETED>
<DELETED>construction, minor projects</DELETED>
<DELETED> 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, $475,091,000, to remain available until
September 30, 2016, along with unobligated balances of previous
``Construction, minor projects'' appropriations which are hereby made
available for any project where the estimated cost is equal to or less
than the amount set forth in such section: Provided, That funds made
available under this heading shall be for: (1) repairs to any of the
nonmedical facilities under the jurisdiction or for the use of the
Department which are necessary because of loss or damage caused by any
natural disaster or catastrophe; and (2) temporary measures necessary
to prevent or to minimize further loss by such causes.</DELETED>
<DELETED>grants for construction of state extended care
facilities</DELETED>
<DELETED> 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.</DELETED>
<DELETED>grants for construction of veterans cemeteries</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Administrative Provisions</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> Sec. 201. Any appropriation for fiscal year 2012 for
``Compensation and pensions'', ``Readjustment benefits'', and
``Veterans insurance and indemnities'' may be transferred as necessary
to any other of the mentioned appropriations: Provided, That before
such 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.</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> Sec. 202. Amounts made available for the Department of
Veterans Affairs for fiscal year 2012, in this Act or any other Act,
under the ``Medical services'', ``Medical support and compliance'', and
``Medical facilities'' accounts may be transferred among the accounts:
Provided, That any transfers between the ``Medical services'' and
``Medical support and compliance'' accounts of 1 percent or less of the
total amount appropriated to the account in this or any other Act may
take place subject to notification from the Secretary of Veterans
Affairs to the Committees on Appropriations of both Houses of Congress
of the amount and purpose of the transfer: Provided further, That any
transfers between the ``Medical services'' and ``Medical support and
compliance'' accounts in excess of 1 percent, or exceeding the
cumulative 1 percent for the fiscal year, may take place only after the
Secretary requests from the Committees on Appropriations of both Houses
of Congress the authority to make the transfer and an approval is
issued: Provided further, That any transfers to or from the ``Medical
facilities'' account may take place only after the Secretary requests
from the Committees on Appropriations of both Houses of Congress the
authority to make the transfer and an approval is issued.</DELETED>
<DELETED> Sec. 203. Appropriations made 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.</DELETED>
<DELETED> Sec. 204. No appropriations in this title (except the
appropriations for ``Construction, major projects'' and ``Construction,
minor projects'') shall be available for the purchase of any site for
or toward the construction of any new Department of Veterans Affairs
hospital or home.</DELETED>
<DELETED> Sec. 205. No appropriations in this title shall be
available for hospitalization or examination of any persons (except
beneficiaries entitled to such hospitalization or examination under the
laws providing such benefits to veterans, and persons receiving such
treatment under sections 7901 through 7904 of title 5, United States
Code, or the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.)), unless reimbursement of the
cost of such hospitalization or examination is made to the ``Medical
services'' account at such rates as may be fixed by the Secretary of
Veterans Affairs.</DELETED>
<DELETED> Sec. 206. Appropriations available in this title for
``Compensation and pensions'', ``Readjustment benefits'', and
``Veterans insurance and indemnities'' shall be available for payment
of prior year accrued obligations required to be recorded by law
against the corresponding prior year accounts within the last quarter
of fiscal year 2011.</DELETED>
<DELETED> Sec. 207. Appropriations available in this title shall be
available to pay prior year obligations of corresponding prior year
appropriations accounts resulting from sections 3328(a), 3334, and
3712(a) of title 31, United States Code, except that if such
obligations are from trust fund accounts they shall be payable only
from ``Compensation and pensions''.</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> Sec. 208. 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 ``General operating expenses, Veterans
Benefits Administration'' and ``Information technology systems''
accounts for the cost of administration of the insurance programs
financed through those accounts: Provided, That reimbursement shall be
made only from the surplus earnings accumulated in such an insurance
program during fiscal year 2012 that are available for dividends in
that program after claims have been paid and actuarially determined
reserves have been set aside: Provided further, That if the cost of
administration of such an insurance program exceeds the amount of
surplus earnings accumulated in that program, reimbursement shall be
made only to the extent of such surplus earnings: Provided further,
That the Secretary shall determine the cost of administration for
fiscal year 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.</DELETED>
<DELETED> Sec. 209. Amounts deducted from enhanced-use lease
proceeds to reimburse an account for expenses incurred by that account
during a prior fiscal year for providing enhanced-use lease services,
may be obligated during the fiscal year in which the proceeds are
received.</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> Sec. 210. Funds available in this title 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:
Provided, That payments may be made in advance for services to be
furnished based on estimated costs: Provided further, That amounts
received shall be credited to the ``General administration'' and
``Information technology systems'' accounts for use by the office that
provided the service.</DELETED>
<DELETED> Sec. 211. No appropriations in this title shall be
available to enter into any new lease of real property if the estimated
annual rental cost is more than $1,000,000, unless the Secretary
submits a report which the Committees on Appropriations of both Houses
of Congress approve within 30 days following the date on which the
report is received.</DELETED>
<DELETED> Sec. 212. No funds of the Department of Veterans Affairs
shall be available for hospital care, nursing home care, or medical
services provided to any person under chapter 17 of title 38, United
States Code, for a non-service-connected disability described in
section 1729(a)(2) of such title, unless that person has disclosed to
the Secretary of Veterans Affairs, in such form as the Secretary may
require, current, accurate third-party reimbursement information for
purposes of section 1729 of such title: Provided, That the Secretary
may recover, in the same manner as any other debt due the United
States, the reasonable charges for such care or services from any
person who does not make such disclosure as required: Provided
further, That any amounts so recovered for care or services provided in
a prior fiscal year may be obligated by the Secretary during the fiscal
year in which amounts are received.</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> Sec. 213. Notwithstanding any other provision of law,
proceeds or revenues derived from enhanced-use leasing activities
(including disposal) may be deposited into the ``Construction, major
projects'' and ``Construction, minor projects'' accounts and be used
for construction (including site acquisition and disposition),
alterations, and improvements of any medical facility under the
jurisdiction or for the use of the Department of Veterans Affairs. Such
sums as realized are in addition to the amount provided for in
``Construction, major projects'' and ``Construction, minor
projects''.</DELETED>
<DELETED> Sec. 214. Amounts made available under ``Medical
services'' are available--</DELETED>
<DELETED> (1) for furnishing recreational facilities,
supplies, and equipment; and</DELETED>
<DELETED> (2) for funeral expenses, burial expenses, and
other expenses incidental to funerals and burials for
beneficiaries receiving care in the Department.</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> Sec. 215. Such sums as may be deposited to the Medical
Care Collections Fund pursuant to section 1729A of title 38, United
States Code, may be transferred to ``Medical services'', to remain
available until expended for the purposes of that account.</DELETED>
<DELETED> Sec. 216. The Secretary of Veterans Affairs may enter
into agreements with Indian tribes and tribal organizations which are
party to the Alaska Native Health Compact with the Indian Health
Service, and Indian tribes and tribal organizations serving rural
Alaska which have entered into contracts with the Indian Health Service
under the Indian Self Determination and Educational Assistance Act, to
provide healthcare, including behavioral health and dental care. The
Secretary shall require participating veterans and facilities to comply
with all appropriate rules and regulations, as established by the
Secretary. The term ``rural Alaska'' shall mean those lands sited
within the external boundaries of the Alaska Native regions specified
in sections 7(a)(1)-(4) and (7)-(12) of the Alaska Native Claims
Settlement Act, as amended (43 U.S.C. 1606), and those lands within the
Alaska Native regions specified in sections 7(a)(5) and 7(a)(6) of the
Alaska Native Claims Settlement Act, as amended (43 U.S.C. 1606), which
are not within the boundaries of the Municipality of Anchorage, the
Fairbanks North Star Borough, the Kenai Peninsula Borough or the
Matanuska Susitna Borough.</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> Sec. 217. Such sums as may be deposited to the Department
of Veterans Affairs Capital Asset Fund pursuant to section 8118 of
title 38, United States Code, may be transferred to the ``Construction,
major projects'' and ``Construction, minor projects'' accounts, to
remain available until September 30, 2016, for the purposes of these
accounts.</DELETED>
<DELETED> Sec. 218. None of the funds made available in this title
may be used to implement any policy prohibiting the Directors of the
Veterans Integrated Services Networks from conducting outreach or
marketing to enroll new veterans within their respective
Networks.</DELETED>
<DELETED> Sec. 219. The Secretary of Veterans Affairs shall submit
to the Committees on Appropriations of both Houses of Congress a
quarterly report on the financial status of the Veterans Health
Administration.</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> Sec. 220. Amounts made available under the ``Medical
services'', ``Medical support and compliance'', ``Medical facilities'',
``General operating expenses, Veterans Benefits Administration'',
``General administration'', and ``National Cemetery Administration''
accounts for fiscal year 2012, may be transferred to or from the
``Information technology systems'' account: Provided, That before a
transfer may take place, the Secretary of Veterans Affairs shall
request from the Committees on Appropriations of both Houses of
Congress the authority to make the transfer and an approval is
issued.</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> Sec. 221. Amounts made available for the ``Information
technology systems'' account may be transferred between projects:
Provided, That no project may be increased or decreased by more than
$1,000,000 of cost prior to submitting a request to the Committees on
Appropriations of both Houses of Congress to make the transfer and an
approval is issued or absent a response, a period of 30 days has
elapsed.</DELETED>
<DELETED> Sec. 222. Of the amounts made available to the Department
of Veterans Affairs for fiscal year 2012, in this Act or any other Act,
under the ``Medical facilities'' 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: Provided, That the
Secretary may waive this requirement after providing written notice to
the Committees on Appropriations of both Houses of Congress.</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> Sec. 223. Of the amounts appropriated to the Department
of Veterans Affairs for fiscal year 2012 for ``Medical services'',
``Medical support and compliance'', ``Medical facilities'',
``Construction, minor projects'', and ``Information technology
systems'', 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 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): Provided, 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.</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> Sec. 224. Such sums as may be deposited to the Medical
Care Collections Fund pursuant to section 1729A of title 38, United
States Code, for health care provided at 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: (1) for
transfer to the Joint Department of Defense-Department of Veterans
Affairs Medical Facility Demonstration Fund, established by section
1704 of the National Defense Authorization Act for Fiscal Year 2010
(Public Law 111-84; 123 Stat. 3571); and (2) 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).</DELETED>
<DELETED>(including transfer of funds)</DELETED>
<DELETED> Sec. 225. Of the amounts available in this title for
``Medical services'', ``Medical support and compliance'', and ``Medical
facilities'', a minimum of $15,000,000, shall be transferred to the
DOD-VA Health Care Sharing Incentive Fund, as authorized by section
8111(d) of title 38, United States Code, to remain until expended, for
any purpose authorized by section 8111 of title 38, United States
Code.</DELETED>
<DELETED>(including rescission of funds)</DELETED>
<DELETED> Sec. 226. (a) Of the funds appropriated in title X of
division B of Public Law 112-10, the following amounts which become
available on October 1, 2011, are hereby rescinded from the following
accounts in the amounts specified:</DELETED>
<DELETED> (1) ``Department of Veterans Affairs, Medical
services'', $1,000,000,000.</DELETED>
<DELETED> (2) ``Department of Veterans Affairs, Medical
support and compliance'', $100,000,000.</DELETED>
<DELETED> (3) ``Department of Veterans Affairs, Medical
facilities'', $100,000,000.</DELETED>
<DELETED> (b) In addition to amounts provided elsewhere in this Act,
an additional amount is appropriated to the following accounts in the
amounts specified, to remain available until September 30,
2013:</DELETED>
<DELETED> (1) ``Department of Veterans Affairs, Medical
services'', $1,000,000,000.</DELETED>
<DELETED> (2) ``Department of Veterans Affairs, Medical
support and compliance'', $100,000,000.</DELETED>
<DELETED> (3) ``Department of Veterans Affairs, Medical
facilities'', $100,000,000.</DELETED>
<DELETED> Sec. 227. 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: Provided, That such notification shall
occur within 14 days of entering into a contract: Provided further,
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.</DELETED>
<DELETED> Sec. 228. The scope of work for a project included in
``Construction, major projects'' may not be increased above the scope
specified for that project in the original justification data provided
to the Congress as part of the request for appropriations.</DELETED>
<DELETED> Sec. 229. (a) Section 5701 of title 38, United States
Code, is amended by adding at the end the following new
subsection:</DELETED>
<DELETED> ``(l)(1) The Secretary shall disclose to a State
controlled substance monitoring program, including a program under
section 399O of the Public Health Service Act (42 U.S.C. 280g-3), the
name and address of a veteran or a dependent of a veteran to the extent
necessary to prevent misuse and diversion of prescription
medicines.</DELETED>
<DELETED> ``(2) In this subsection, the terms `State' and
`controlled substance' have the meaning given such terms in section
399O(m) of the Public Health Service Act (42 U.S.C. 280g-
3(m)).''.</DELETED>
<DELETED> (b) Section 7332(b)(2) of title 38, Unites States Code is
amended by adding at the end the following new subparagraph:</DELETED>
<DELETED> ``(G)(i) To a State controlled substance
monitoring program, including a program under section 399O of
the Public Health Service Act (42 U.S.C. 280g-3), to the extent
necessary to prevent misuse and diversion of prescription
medicines.</DELETED>
<DELETED> ``(ii) In this subparagraph, the terms `State' and
`controlled substance' have the meanings given such terms in
section 399O(m) of the Public Health Service Act (42 U.S.C.
280g-3(m)).''.</DELETED>
<DELETED> Sec. 230. Not more than $250,000 may be used by the
Department of Veterans Affairs to conduct any single national outreach
and awareness marketing campaign, including motorsports sponsorship,
prior to submitting a request to the Committees on Appropriations of
both Houses of Congress and an approval is issued or absent a response,
a period of 30 days has elapsed.</DELETED>
<DELETED>TITLE III</DELETED>
<DELETED>RELATED AGENCIES</DELETED>
<DELETED>American Battle Monuments Commission</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> 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.</DELETED>
<DELETED>foreign currency fluctuations account</DELETED>
<DELETED> 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.</DELETED>
<DELETED>United States Court of Appeals for Veterans Claims</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> 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:
Provided, That $2,726,363 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.</DELETED>
<DELETED>Department of Defense--Civil</DELETED>
<DELETED>Cemeterial Expenses, Army</DELETED>
<DELETED>salaries and expenses</DELETED>
<DELETED> 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 or lease of passenger motor vehicles for replacement on a one-
for-one basis only, and not to exceed $1,000 for official reception and
representation expenses, $45,800,000, to remain available until
expended. In addition, such sums as may be necessary for parking
maintenance, repairs and replacement, to be derived from the ``Lease of
Department of Defense Real Property for Defense Agencies''
account.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>Armed Forces Retirement Home</DELETED>
<DELETED>trust fund</DELETED>
<DELETED> 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.</DELETED>
<DELETED>TITLE IV</DELETED>
<DELETED>GENERAL PROVISIONS</DELETED>
<DELETED> Sec. 401. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current fiscal
year unless expressly so provided herein.</DELETED>
<DELETED> Sec. 402. 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.</DELETED>
<DELETED> Sec. 403. 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, or 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.</DELETED>
<DELETED> Sec. 404. All departments and agencies funded under this
Act are encouraged, within the limits of the existing statutory
authorities and funding, to expand their use of ``E-Commerce''
technologies and procedures in the conduct of their business practices
and public service activities.</DELETED>
<DELETED> Sec. 405. 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.</DELETED>
<DELETED> Sec. 406. None of the funds made available in this Act
may be used for a project or program named for an individual serving as
a Member, Delegate, or Resident Commissioner of the United States House
of Representatives.</DELETED>
<DELETED> Sec. 407. (a) Any agency receiving funds made available in
this Act, shall, subject to subsections (b) and (c), post on the public
website of that agency any report required to be submitted by the
Congress in this or any other Act, upon the determination by the head
of the agency that it shall serve the national interest.</DELETED>
<DELETED> (b) Subsection (a) shall not apply to a report if--
</DELETED>
<DELETED> (1) the public posting of the report compromises
national security; or</DELETED>
<DELETED> (2) the report contains confidential or
proprietary information.</DELETED>
<DELETED> (c) The head of the agency posting such report shall do so
only after such report has been made available to the requesting
Committee or Committees of Congress for no less than 45 days.</DELETED>
<DELETED> Sec. 408. None of the funds made available in this Act
may be distributed to the Association of Community Organizations for
Reform Now (ACORN) or its subsidiaries or successors.</DELETED>
<DELETED> Sec. 409. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless such
network blocks the viewing, downloading, and exchanging of
pornography.</DELETED>
<DELETED> (b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities.</DELETED>
<DELETED> Sec. 410. None of the funds appropriated or otherwise
made available in this Act may be used by an agency of the executive
branch to pay for first-class travel by an employee of the agency in
contravention of sections 301-10.122 through 301-10.124 of title 41,
Code of Federal Regulations.</DELETED>
<DELETED> Sec. 411. None of the funds appropriated or otherwise
made available in this Act may be used by an agency of the executive
branch to exercise the power of eminent domain (to take private
property for public use) without the payment of just
compensation.</DELETED>
<DELETED> Sec. 412. None of the funds appropriated or otherwise
made available to the Department of Defense in this Act may be used to
renovate, expand, or construct any facility in the continental United
States for the purpose of housing any individual who has been detained,
at any time after September 11, 2001, at United States Naval Station,
Guantanamo Bay, Cuba.</DELETED>
<DELETED> Sec. 413. None of the funds provided in this Act may be
used to execute a contract for goods or services, including
construction services, where the contractor has not complied with
Executive Order No. 12989.</DELETED>
<DELETED> Sec. 414. None of the funds made available by this Act
may be used to enter into a contract, memorandum of understanding, or
cooperative agreement with, or to make a grant to, any corporation that
was convicted of a felony criminal violation under any Federal or State
law within the preceding 24 months.</DELETED>
<DELETED>spending reduction account</DELETED>
<DELETED> Sec. 415. The amount by which the applicable allocation
of new budget authority made by the Committee on Appropriations of the
House of Representatives under section 302(b) of the Congressional
Budget Act of 1974 exceeds the amount of proposed new budget authority
is $0.</DELETED>
<DELETED> Sec. 416. None of the funds made available by this Act
may be used to declare as excess to the needs of the Department of
Veterans Affairs or otherwise take any action to exchange, trade,
auction, transfer, or otherwise dispose of, or reduce the acreage of,
Federal land and improvements at the St. Albans campus, consisting of
approximately 55 acres of land, with borders near Linden Boulevard on
the northwest, 115th Avenue on the west, the Long Island Railroad on
the northeast, and Baisley Boulevard on the southeast.</DELETED>
<DELETED> Sec. 417. None of the funds made available by this Act
shall be available to enforce section 526 of the Energy Independence
and Security Act of 2007 (Public Law 110-140; 42 U.S.C.
17142).</DELETED>
<DELETED> Sec. 418. None of the funds made available in this Act
may be used to enter into a contract using procedures that do not give
to small business concerns owned and controlled by veterans (as that
term is defined in section 3(q)(3) of the Small Business Act (15 U.S.C.
632(q)(3)) that are included in the database under section 8127(f) of
title 38, United States Code, any preference available with respect to
such contract, except for a preference given to small business concerns
owned and controlled by service-disabled veterans (as that term defined
in section 3(q)(2) of the Small Business Act (15 U.S.C.
632(q)(2)).</DELETED>
<DELETED> Sec. 419. None of the funds made available by this Act
may be used in contravention of the War Powers Resolution (50 U.S.C.
1541 et seq.).</DELETED>
<DELETED> This Act may be cited as the ``Military Construction and
Veterans Affairs and Related Agencies Appropriations Act,
2012''.</DELETED>
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:
TITLE I
DEPARTMENT OF DEFENSE
Military Construction, Army
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations,
facilities, and real property for the Army as currently authorized by
law, including personnel in the Army Corps of Engineers and other
personal services necessary for the purposes of this appropriation, and
for construction and operation of facilities in support of the
functions of the Commander in Chief, $3,066,891,000, to remain
available until September 30, 2016: Provided, 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.
Military Construction, Navy and Marine Corps
For acquisition, construction, installation, and equipment of
temporary or permanent public works, naval installations, facilities,
and real property for the Navy and Marine Corps as currently authorized
by law, including personnel in the Naval Facilities Engineering Command
and other personal services necessary for the purposes of this
appropriation, $2,187,622,000, to remain available until September 30,
2016: Provided, 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.
Military Construction, Air Force
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations,
facilities, and real property for the Air Force as currently authorized
by law, $1,227,058,000, to remain available until September 30, 2016:
Provided, 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.
Military Construction, Defense-Wide
(including transfer of funds)
For acquisition, construction, installation, and equipment of
temporary or permanent public works, installations, facilities, and
real property for activities and agencies of the Department of Defense
(other than the military departments), as currently authorized by law,
$3,380,917,000, to remain available until September 30, 2016:
Provided, That such amounts of this appropriation as may be determined
by the Secretary of Defense may be transferred to such appropriations
of the Department of Defense available for military construction or
family housing as the Secretary may designate, to be merged with and to
be available for the same purposes, and for the same time period, as
the appropriation or fund to which transferred: Provided further, That
of the amount appropriated, not to exceed $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: Provided
further, 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.
Military Construction, Army National Guard
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
Army National Guard, and contributions therefor, as authorized by
chapter 1803 of title 10, United States Code, and Military Construction
Authorization Acts, $773,592,000, to remain available until September
30, 2016: Provided, 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.
Military Construction, Air National Guard
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Air
National Guard, and contributions therefor, as authorized by chapter
1803 of title 10, United States Code, and Military Construction
Authorization Acts, $116,246,000, to remain available until September
30, 2016: Provided, 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.
Military Construction, Army Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
Army Reserve as authorized by chapter 1803 of title 10, United States
Code, and Military Construction Authorization Acts, $280,549,000, to
remain available until September 30, 2016: Provided, 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.
Military Construction, Navy Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
reserve components of the Navy and Marine Corps as authorized by
chapter 1803 of title 10, United States Code, and Military Construction
Authorization Acts, $26,299,000, to remain available until September
30, 2016: Provided, 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.
Military Construction, Air Force Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Air
Force Reserve as authorized by chapter 1803 of title 10, United States
Code, and Military Construction Authorization Acts, $33,620,000, to
remain available until September 30, 2016: Provided, 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.
North Atlantic Treaty Organization
Security Investment Program
For the United States share of the cost of the North Atlantic
Treaty Organization Security Investment Program for the acquisition and
construction of military facilities and installations (including
international military headquarters) and for related expenses for the
collective defense of the North Atlantic Treaty Area as authorized by
section 2806 of title 10, United States Code, and Military Construction
Authorization Acts, $272,611,000, to remain available until expended.
Family Housing Construction, Army
For expenses of family housing for the Army for construction,
including acquisition, replacement, addition, expansion, extension, and
alteration, as authorized by law, $186,897,000, to remain available
until September 30, 2016.
Family Housing Operation and Maintenance, Army
For expenses of family housing for the Army for operation and
maintenance, including debt payment, leasing, minor construction,
principal and interest charges, and insurance premiums, as authorized
by law, $494,858,000.
Family Housing Construction, Navy and Marine Corps
For expenses of family housing for the Navy and Marine Corps for
construction, including acquisition, replacement, addition, expansion,
extension, and alteration, as authorized by law, $100,972,000, to
remain available until September 30, 2016.
Family Housing Operation and Maintenance, Navy and Marine Corps
For expenses of family housing for the Navy and Marine Corps for
operation and maintenance, including debt payment, leasing, minor
construction, principal and interest charges, and insurance premiums,
as authorized by law, $367,863,000.
Family Housing Construction, Air Force
For expenses of family housing for the Air Force for construction,
including acquisition, replacement, addition, expansion, extension, and
alteration, as authorized by law, $84,804,000, to remain available
until September 30, 2016.
Family Housing Operation and Maintenance, Air Force
For expenses of family housing for the Air Force for operation and
maintenance, including debt payment, leasing, minor construction,
principal and interest charges, and insurance premiums, as authorized
by law, $404,761,000.
Family Housing Operation and Maintenance, Defense-Wide
For expenses of family housing for the activities and agencies of
the Department of Defense (other than the military departments) for
operation and maintenance, leasing, and minor construction, as
authorized by law, $50,723,000.
Department of Defense Family Housing Improvement Fund
For the Department of Defense Family Housing Improvement Fund,
$2,184,000, to remain available until expended, for family housing
initiatives undertaken pursuant to section 2883 of title 10, United
States Code, providing alternative means of acquiring and improving
military family housing and supporting facilities.
Homeowners Assistance Fund
For the Homeowners Assistance Fund established by section 1013 of
the Demonstration Cities and Metropolitan Development Act of 1966, (42
U.S.C. 3374), as amended by section 1001 of division A of the American
Recovery and Reinvestment Act of 2009 (Public Law 111-5; 123 Stat.
194), $1,284,000, to remain available until expended.
Chemical Demilitarization Construction, Defense-Wide
For expenses of construction, not otherwise provided for, necessary
for the destruction of the United States stockpile of lethal chemical
agents and munitions in accordance with section 1412 of the Department
of Defense Authorization Act, 1986 (50 U.S.C. 1521), and for the
destruction of other chemical warfare materials that are not in the
chemical weapon stockpile, as currently authorized by law, $75,312,000,
to remain available until September 30, 2016, which shall be only for
the Assembled Chemical Weapons Alternatives program.
Department of Defense Base Closure Account 1990
For deposit into the Department of Defense Base Closure Account
1990, established by section 2906(a)(1) of the Defense Base Closure and
Realignment Act of 1990 (10 U.S.C. 2687 note), $323,543,000, to remain
available until expended.
Department of Defense Base Closure Account 2005
For deposit into the Department of Defense Base Closure Account
2005, established by section 2906A(a)(1) of the Defense Base Closure
and Realignment Act of 1990 (10 U.S.C. 2687 note), $258,776,000, to
remain available until expended: Provided, That the Department of
Defense shall notify the Committees on Appropriations of both Houses of
Congress 14 days prior to obligating an amount for a construction
project that exceeds or reduces the amount identified for that project
in the most recently submitted budget request for this account by 20
percent or $2,000,000, whichever is less: Provided further, That the
previous proviso shall not apply to projects costing less than
$5,000,000, except for those projects not previously identified in any
budget submission for this account and exceeding the minor construction
threshold under section 2805 of title 10, United States Code.
Administrative Provisions
Sec. 101. None of the funds made available in this title shall be
expended for payments under a cost-plus-a-fixed-fee contract for
construction, where cost estimates exceed $25,000, to be performed
within the United States, except Alaska, without the specific approval
in writing of the Secretary of Defense setting forth the reasons
therefor.
Sec. 102. Funds made available in this title for construction
shall be available for hire of passenger motor vehicles.
Sec. 103. Funds made available in this title for construction may
be used for advances to the Federal Highway Administration, Department
of Transportation, for the construction of access roads as authorized
by section 210 of title 23, United States Code, when projects
authorized therein are certified as important to the national defense
by the Secretary of Defense.
Sec. 104. None of the funds made available in this title may be
used to begin construction of new bases in the United States for which
specific appropriations have not been made.
Sec. 105. None of the funds made available in this title shall be
used for purchase of land or land easements in excess of 100 percent of
the value as determined by the Army Corps of Engineers or the Naval
Facilities Engineering Command, except:
(1) where there is a determination of value by a Federal
court;
(2) purchases negotiated by the Attorney General or the
designee of the Attorney General;
(3) where the estimated value is less than $25,000; or
(4) as otherwise determined by the Secretary of Defense to
be in the public interest.
Sec. 106. None of the funds made available in this title shall be
used to:
(1) acquire land;
(2) provide for site preparation; or
(3) install utilities for any family housing, except
housing for which funds have been made available in annual Acts
making appropriations for military construction.
Sec. 107. None of the funds made available in this title for minor
construction may be used to transfer or relocate any activity from one
base or installation to another, without prior notification to the
Committees on Appropriations of both Houses of Congress.
Sec. 108. None of the funds made available in this title may be
used for the procurement of steel for any construction project or
activity for which American steel producers, fabricators, and
manufacturers have been denied the opportunity to compete for such
steel procurement.
Sec. 109. None of the funds available to the Department of Defense
for military construction or family housing during the current fiscal
year may be used to pay real property taxes in any foreign nation.
Sec. 110. None of the funds made available in this title may be
used to initiate a new installation overseas without prior notification
to the Committees on Appropriations of both Houses of Congress.
Sec. 111. None of the funds made available in this title may be
obligated for architect and engineer contracts estimated by the
Government to exceed $500,000 for projects to be accomplished in Japan,
in any North Atlantic Treaty Organization member country, or in
countries bordering the Arabian Sea, unless such contracts are awarded
to United States firms or United States firms in joint venture with
host nation firms.
Sec. 112. None of the funds made available in this title for
military construction in the United States territories and possessions
in the Pacific and on Kwajalein Atoll, or in countries bordering the
Arabian Sea, may be used to award any contract estimated by the
Government to exceed $1,000,000 to a foreign contractor: Provided,
That this section shall not be applicable to contract awards for which
the lowest responsive and responsible bid of a United States contractor
exceeds the lowest responsive and responsible bid of a foreign
contractor by greater than 20 percent: Provided further, That this
section shall not apply to contract awards for military construction on
Kwajalein Atoll for which the lowest responsive and responsible bid is
submitted by a Marshallese contractor.
Sec. 113. The Secretary of Defense is to inform the appropriate
committees of both Houses of Congress, including the Committees on
Appropriations, of the plans and scope of any proposed military
exercise involving United States personnel 30 days prior to its
occurring, if amounts expended for construction, either temporary or
permanent, are anticipated to exceed $100,000.
Sec. 114. Not more than 20 percent of the funds made available in
this title which are limited for obligation during the current fiscal
year shall be obligated during the last 2 months of the fiscal year.
Sec. 115. Funds appropriated to the Department of Defense for
construction in prior years shall be available for construction
authorized for each such military department by the authorizations
enacted into law during the current session of Congress.
Sec. 116. For military construction or family housing projects
that are being completed with funds otherwise expired or lapsed for
obligation, expired or lapsed funds may be used to pay the cost of
associated supervision, inspection, overhead, engineering and design on
those projects and on subsequent claims, if any.
Sec. 117. Notwithstanding any other provision of law, any funds
made available to a military department or defense agency for the
construction of military projects may be obligated for a military
construction project or contract, or for any portion of such a project
or contract, at any time before the end of the fourth fiscal year after
the fiscal year for which funds for such project were made available,
if the funds obligated for such project:
(1) are obligated from funds available for military
construction projects; and
(2) do not exceed the amount appropriated for such project,
plus any amount by which the cost of such project is increased
pursuant to law.
(including transfer of funds)
Sec. 118. In addition to any other transfer authority available to
the Department of Defense, proceeds deposited to the Department of
Defense Base Closure Account established by section 207(a)(1) of the
Defense Authorization Amendments and Base Closure and Realignment Act
(10 U.S.C. 2687 note) pursuant to section 207(a)(2)(C) of such Act, may
be transferred to the account established by section 2906(a)(1) of the
Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note),
to be merged with, and to be available for the same purposes and the
same time period as that account.
(including transfer of funds)
Sec. 119. Subject to 30 days prior notification, or 14 days for a
notification provided in an electronic medium pursuant to sections 480
and 2883, of title 10, United States Code, to the Committees on
Appropriations of both Houses of Congress, such additional amounts as
may be determined by the Secretary of Defense may be transferred to:
(1) the Department of Defense Family Housing Improvement
Fund from amounts appropriated for construction in ``Family
Housing'' accounts, to be merged with and to be available for
the same purposes and for the same period of time as amounts
appropriated directly to the Fund; or
(2) the Department of Defense Military Unaccompanied
Housing Improvement Fund from amounts appropriated for
construction of military unaccompanied housing in ``Military
Construction'' accounts, to be merged with and to be available
for the same purposes and for the same period of time as
amounts appropriated directly to the Fund: Provided, That
appropriations made available to the Funds shall be available
to cover the costs, as defined in section 502(5) of the
Congressional Budget Act of 1974, of direct loans or loan
guarantees issued by the Department of Defense pursuant to the
provisions of subchapter IV of chapter 169 of title 10, United
States Code, pertaining to alternative means of acquiring and
improving military family housing, military unaccompanied
housing, and supporting facilities.
Sec. 120. (a) Not later than 60 days before issuing any
solicitation for a contract with the private sector for military family
housing the Secretary of the military department concerned shall submit
to the Committees on Appropriations of both Houses of Congress the
notice described in subsection (b).
(b)(1) A notice referred to in subsection (a) is a notice of any
guarantee (including the making of mortgage or rental payments)
proposed to be made by the Secretary to the private party under the
contract involved in the event of--
(A) the closure or realignment of the installation for
which housing is provided under the contract;
(B) a reduction in force of units stationed at such
installation; or
(C) the extended deployment overseas of units stationed at
such installation.
(2) Each notice under this subsection shall specify the nature of
the guarantee involved and assess the extent and likelihood, if any, of
the liability of the Federal Government with respect to the guarantee.
(including transfer of funds)
Sec. 121. In addition to any other transfer authority available to
the Department of Defense, amounts may be transferred from the accounts
established by sections 2906(a)(1) and 2906A(a)(1) of the Defense Base
Closure and Realignment Act of 1990 (10 U.S.C. 2687 note), to the fund
established by section 1013(d) of the Demonstration Cities and
Metropolitan Development Act of 1966 (42 U.S.C. 3374) to pay for
expenses associated with the Homeowners Assistance Program incurred
under 42 U.S.C. 3374(a)(1)(A). Any amounts transferred shall be merged
with and be available for the same purposes and for the same time
period as the fund to which transferred.
Sec. 122. Notwithstanding any other provision of law, funds made
available in this title for operation and maintenance of family housing
shall be the exclusive source of funds for repair and maintenance of
all family housing units, including general or flag officer quarters:
Provided, That not more than $35,000 per unit may be spent annually for
the maintenance and repair of any general or flag officer quarters
without 30 days prior notification, or 14 days for a notification
provided in an electronic medium pursuant to sections 480 and 2883 of
title 10, United States Code, to the Committees on Appropriations of
both Houses of Congress, except that an after-the-fact notification
shall be submitted if the limitation is exceeded solely due to costs
associated with environmental remediation that could not be reasonably
anticipated at the time of the budget submission: Provided further,
That the Under Secretary of Defense (Comptroller) is to report annually
to the Committees on Appropriations of both Houses of Congress all
operation and maintenance expenditures for each individual general or
flag officer quarters for the prior fiscal year.
Sec. 123. Amounts contained in the Ford Island Improvement Account
established by subsection (h) of section 2814 of title 10, United
States Code, are appropriated and shall be available until expended for
the purposes specified in subsection (i)(1) of such section or until
transferred pursuant to subsection (i)(3) of such section.
Sec. 124. None of the funds made available in this title, or in
any Act making appropriations for military construction which remain
available for obligation, may be obligated or expended to carry out a
military construction, land acquisition, or family housing project at
or for a military installation approved for closure, or at a military
installation for the purposes of supporting a function that has been
approved for realignment to another installation, in 2005 under the
Defense Base Closure and Realignment Act of 1990 (part A of title XXIX
of Public Law 101-510; 10 U.S.C. 2687 note), unless such a project at a
military installation approved for realignment will support a
continuing mission or function at that installation or a new mission or
function that is planned for that installation, or unless the Secretary
of Defense certifies that the cost to the United States of carrying out
such project would be less than the cost to the United States of
cancelling such project, or if the project is at an active component
base that shall be established as an enclave or in the case of projects
having multi-agency use, that another Government agency has indicated
it will assume ownership of the completed project. The Secretary of
Defense may not transfer funds made available as a result of this
limitation from any military construction project, land acquisition, or
family housing project to another account or use such funds for another
purpose or project without the prior approval of the Committees on
Appropriations of both Houses of Congress. This section shall not apply
to military construction projects, land acquisition, or family housing
projects for which the project is vital to the national security or the
protection of health, safety, or environmental quality: Provided, That
the Secretary of Defense shall notify the congressional defense
committees within seven days of a decision to carry out such a military
construction project.
(including transfer of funds)
Sec. 125. During the 5-year period after appropriations available
in this Act to the Department of Defense for military construction and
family housing operation and maintenance and construction have expired
for obligation, upon a determination that such appropriations will not
be necessary for the liquidation of obligations or for making
authorized adjustments to such appropriations for obligations incurred
during the period of availability of such appropriations, unobligated
balances of such appropriations may be transferred into the
appropriation ``Foreign Currency Fluctuations, Construction, Defense'',
to be merged with and to be available for the same time period and for
the same purposes as the appropriation to which transferred.
Sec. 126. 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.
TITLE II
DEPARTMENT OF VETERANS AFFAIRS
Veterans Benefits Administration
compensation and pensions
(including transfer of funds)
For the payment of compensation benefits to or on behalf of
veterans and a pilot program for disability examinations as authorized
by section 107 and chapters 11, 13, 18, 51, 53, 55, and 61 of title 38,
United States Code; pension benefits to or on behalf of veterans as
authorized by chapters 15, 51, 53, 55, and 61 of title 38, United
States Code; and burial benefits, the Reinstated Entitlement Program
for Survivors, emergency and other officers' retirement pay, adjusted-
service credits and certificates, payment of premiums due on commercial
life insurance policies guaranteed under the provisions of title IV of
the Servicemembers Civil Relief Act (50 U.S.C. App. 541 et seq.) and
for other benefits as authorized by sections 107, 1312, 1977, and 2106,
and chapters 23, 51, 53, 55, and 61 of title 38, United States Code,
$58,067,319,000, to remain available until expended: Provided, That
not to exceed $32,187,000 of the amount appropriated under this heading
shall be reimbursed to ``General operating expenses, Veterans Benefits
Administration'', ``Medical support and compliance'', and ``Information
technology systems'' for necessary expenses in implementing the
provisions of chapters 51, 53, and 55 of title 38, United States Code,
the funding source for which is specifically provided as the
``Compensation and pensions'' appropriation: Provided further, That
such sums as may be earned on an actual qualifying patient basis, shall
be reimbursed to ``Medical care collections fund'' to augment the
funding of individual medical facilities for nursing home care provided
to pensioners as authorized.
readjustment benefits
For the payment of readjustment and rehabilitation benefits to or
on behalf of veterans as authorized by chapters 21, 30, 31, 33, 34, 35,
36, 39, 51, 53, 55, and 61 of title 38, United States Code,
$11,011,086,000, to remain available until expended: Provided, That
expenses for rehabilitation program services and assistance which the
Secretary is authorized to provide under subsection (a) of section 3104
of title 38, United States Code, other than under paragraphs (1), (2),
(5), and (11) of that subsection, shall be charged to this account.
veterans insurance and indemnities
For military and naval insurance, national service life insurance,
servicemen's indemnities, service-disabled veterans insurance, and
veterans mortgage life insurance as authorized by title 38, United
States Code, chapters 19 and 21, $100,252,000, to remain available
until expended.
veterans housing benefit program fund
For the cost of direct and guaranteed loans, such sums as may be
necessary to carry out the program, as authorized by subchapters I
through III of chapter 37 of title 38, United States Code: Provided,
That such costs, including the cost of modifying such loans, shall be
as defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That during fiscal year 2012, within the resources
available, not to exceed $500,000 in gross obligations for direct loans
are authorized for specially adapted housing loans.
In addition, for administrative expenses to carry out the direct
and guaranteed loan programs, $154,698,000.
vocational rehabilitation loans program account
For the cost of direct loans, $19,000, as authorized by chapter 31
of title 38, United States Code: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That funds
made available under this heading are available to subsidize gross
obligations for the principal amount of direct loans not to exceed
$3,019,000.
In addition, for administrative expenses necessary to carry out the
direct loan program, $343,000, which may be paid to the appropriation
for ``General operating expenses, Veterans Benefits Administration''.
native american veteran housing loan program account
For administrative expenses to carry out the direct loan program
authorized by subchapter V of chapter 37 of title 38, United States
Code, $1,116,000.
Veterans Health Administration
medical services
(including transfer of funds)
For necessary expenses for furnishing, as authorized by law,
inpatient and outpatient care and treatment to beneficiaries of the
Department of Veterans Affairs and veterans described in section
1705(a) of title 38, United States Code, including care and treatment
in facilities not under the jurisdiction of the Department, and
including medical supplies and equipment, food services, and salaries
and expenses of health care employees hired under title 38, United
States Code, aid to State homes as authorized by section 1741 of title
38, United States Code, assistance and support services for caregivers
as authorized by section 1720G of title 38, United States Code, and
loan repayments authorized by section 604 of Public Law 111-163;
$41,354,000,000, plus reimbursements, shall become available on October
1, 2012, and shall remain available until September 30, 2013:
Provided, That notwithstanding any other provision of law, the
Secretary of Veterans Affairs shall establish a priority for the
provision of medical treatment for veterans who have service-connected
disabilities, lower income, or have special needs: Provided further,
That, notwithstanding any other provision of law, the Secretary of
Veterans Affairs shall give priority funding for the provision of basic
medical benefits to veterans in enrollment priority groups 1 through 6:
Provided further, That, notwithstanding any other provision of law,
the Secretary of Veterans Affairs may authorize the dispensing of
prescription drugs from Veterans Health Administration facilities to
enrolled veterans with privately written prescriptions based on
requirements established by the Secretary: Provided further, That the
implementation of the program described in the previous proviso shall
incur no additional cost to the Department of Veterans Affairs.
medical support and compliance
For necessary expenses in the administration of the medical,
hospital, nursing home, domiciliary, construction, supply, and research
activities, as authorized by law; administrative expenses in support of
capital policy activities; and administrative and legal expenses of the
Department for collecting and recovering amounts owed the Department as
authorized under chapter 17 of title 38, United States Code, and the
Federal Medical Care Recovery Act (42 U.S.C. 2651 et seq.);
$5,746,000,000, plus reimbursements, shall become available on October
1, 2012, and shall remain available until September 30, 2013.
medical facilities
For necessary expenses for the maintenance and operation of
hospitals, nursing homes, and domiciliary facilities and other
necessary facilities of the Veterans Health Administration; for
administrative expenses in support of planning, design, project
management, real property acquisition and disposition, construction,
and renovation of any facility under the jurisdiction or for the use of
the Department; for oversight, engineering, and architectural
activities not charged to project costs; for repairing, altering,
improving, or providing facilities in the several hospitals and homes
under the jurisdiction of the Department, not otherwise provided for,
either by contract or by the hire of temporary employees and purchase
of materials; for leases of facilities; and for laundry services,
$5,441,000,000, plus reimbursements, shall become available on October
1, 2012, and shall remain available until September 30, 2013.
medical and prosthetic research
For necessary expenses in carrying out programs of medical and
prosthetic research and development as authorized by chapter 73 of
title 38, United States Code, $581,000,000, plus reimbursements, shall
remain available until September 30, 2013.
National Cemetery Administration
For necessary expenses of the National Cemetery Administration for
operations and maintenance, not otherwise provided for, including
uniforms or allowances therefor; cemeterial expenses as authorized by
law; purchase of one passenger motor vehicle for use in cemeterial
operations; hire of passenger motor vehicles; and repair, alteration or
improvement of facilities under the jurisdiction of the National
Cemetery Administration, $250,934,000, of which not to exceed
$25,100,000 shall remain available until September 30, 2013.
Departmental Administration
general administration
(including transfer of funds)
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: Provided,
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: Provided further, That funds provided under
this heading may be transferred to ``General operating expenses,
Veterans Benefits Administration''.
general operating expenses, veterans benefits administration
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: Provided, That
expenses for services and assistance authorized under paragraphs (1),
(2), (5), and (11) of section 3104(a) of title 38, United States Code,
that the Secretary of Veterans Affairs determines are necessary to
enable entitled veterans: (1) to the maximum extent feasible, to become
employable and to obtain and maintain suitable employment; or (2) to
achieve maximum independence in daily living, shall be charged to this
account: Provided further, That of the funds made available under this
heading, not to exceed $105,000,000 shall remain available until
September 20, 2013: Provided further, That from the funds made
available under this heading, the Veterans Benefits Administration may
purchase (on a one-for-one replacement basis only) up to two passenger
motor vehicles for use in operations of that Administration in Manila,
Philippines.
information technology systems
For necessary expenses for information technology systems and
telecommunications support, including developmental information systems
and operational information systems; for pay and associated costs; and
for the capital asset acquisition of information technology systems,
including management and related contractual costs of said
acquisitions, including contractual costs associated with operations
authorized by section 3109 of title 5, United States Code,
$3,161,376,000, plus reimbursements: Provided, 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: Provided further,
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:
Provided further, 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: Provided further, That none
of the funds made available under this heading may be obligated until
the Department of Veterans Affairs submits to the Committees on
Appropriations of both Houses of Congress, and such Committees approve,
a plan for expenditure that:
(1) meets the capital planning and investment control
review requirements established by the Office of Management and
Budget;
(2) complies with the Department of Veterans Affairs
enterprise architecture;
(3) conforms with an established enterprise life cycle
methodology; and
(4) complies with the acquisition rules, requirements,
guidelines, and systems acquisition management practices of the
Federal Government: Provided further, That 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:
Provided further, 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: Provided further, 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.
office of inspector general
For necessary expenses of the Office of Inspector General, to
include information technology, in carrying out the provisions of the
Inspector General Act of 1978 (5 U.S.C. App.), $112,391,000, of which
$6,600,000 shall remain available until September 30, 2013.
construction, major projects
For constructing, altering, extending, and improving any of the
facilities, including parking projects, under the jurisdiction or for
the use of the Department of Veterans Affairs, or for any of the
purposes set forth in sections 316, 2404, 2406, 8102, 8103, 8106, 8108,
8109, 8110, and 8122 of title 38, United States Code, including
planning, architectural and engineering services, construction
management services, maintenance or guarantee period services costs
associated with equipment guarantees provided under the project,
services of claims analysts, offsite utility and storm drainage system
construction costs, and site acquisition, where the estimated cost of a
project is more than the amount set forth in section 8104(a)(3)(A) of
title 38, United States Code, or where funds for a project were made
available in a previous major project appropriation, $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:
Provided, That except for advance planning activities, including needs
assessments which may or may not lead to capital investments, and other
capital asset management related activities, including portfolio
development and management activities, and investment strategy studies
funded through the advance planning fund and the planning and design
activities funded through the design fund, including needs assessments
which may or may not lead to capital investments, and salaries and
associated costs of the resident engineers who oversee those capital
investments funded through this account, and funds provided for the
purchase of land for the National Cemetery Administration through the
land acquisition line item, none of the funds made available under this
heading shall be used for any project which has not been approved by
the Congress in the budgetary process: Provided further, That funds
made available under this heading for fiscal year 2012, for each
approved project shall be obligated:
(1) by the awarding of a construction documents contract by
September 30, 2012; and
(2) by the awarding of a construction contract by September
30, 2013: Provided further, That the Secretary of Veterans
Affairs shall promptly submit to the Committees on
Appropriations of both Houses of Congress a written report on
any approved major construction project for which obligations
are not incurred within the time limitations established above.
construction, minor projects
For constructing, altering, extending, and improving any of the
facilities, including parking projects, under the jurisdiction or for
the use of the Department of Veterans Affairs, including planning and
assessments of needs which may lead to capital investments,
architectural and engineering services, maintenance or guarantee period
services costs associated with equipment guarantees provided under the
project, services of claims analysts, offsite utility and storm
drainage system construction costs, and site acquisition, or for any of
the purposes set forth in sections 316, 2404, 2406, 8102, 8103, 8106,
8108, 8109, 8110, 8122, and 8162 of title 38, United States Code, where
the estimated cost of a project is equal to or less than the amount set
forth in section 8104(a)(3)(A) of title 38, United States Code,
$550,091,000, to remain available until expended, along with
unobligated balances of previous ``Construction, minor projects''
appropriations which are hereby made available for any project where
the estimated cost is equal to or less than the amount set forth in
such section: Provided, That funds made available under this heading
shall be for:
(1) repairs to any of the nonmedical facilities under the
jurisdiction or for the use of the Department which are
necessary because of loss or damage caused by any natural
disaster or catastrophe; and
(2) temporary measures necessary to prevent or to minimize
further loss by such causes.
grants for construction of state extended care facilities
For grants to assist States to acquire or construct State nursing
home and domiciliary facilities and to remodel, modify, or alter
existing hospital, nursing home, and domiciliary facilities in State
homes, for furnishing care to veterans as authorized by sections 8131
through 8137 of title 38, United States Code, $85,000,000, to remain
available until expended.
grants for construction of veterans cemeteries
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.
Administrative Provisions
(including transfer of funds)
Sec. 201. Any appropriation for fiscal year 2012 for
``Compensation and pensions'', ``Readjustment benefits'', and
``Veterans insurance and indemnities'' may be transferred as necessary
to any other of the mentioned appropriations: Provided, That before a
transfer may take place, the Secretary of Veterans Affairs shall
request from the Committees on Appropriations of both Houses of
Congress the authority to make the transfer and such Committees issue
an approval, or absent a response, a period of 30 days has elapsed.
(including transfer of funds)
Sec. 202. Amounts made available for the Department of Veterans
Affairs for fiscal year 2012, in this Act or any other Act, under the
``Medical services'', ``Medical support and compliance'', and ``Medical
facilities'' accounts may be transferred among the accounts: Provided,
That any transfers between the ``Medical services'' and ``Medical
support and compliance'' accounts of 1 percent or less of the total
amount appropriated to the account in this or any other Act may take
place subject to notification from the Secretary of Veterans Affairs to
the Committees on Appropriations of both Houses of Congress of the
amount and purpose of the transfer: Provided further, That any
transfers between the ``Medical services'' and ``Medical support and
compliance'' accounts in excess of 1 percent, or exceeding the
cumulative 1 percent for the fiscal year, may take place only after the
Secretary requests from the Committees on Appropriations of both Houses
of Congress the authority to make the transfer and an approval is
issued: Provided further, That any transfers to or from the ``Medical
facilities'' account may take place only after the Secretary requests
from the Committees on Appropriations of both Houses of Congress the
authority to make the transfer and an approval is issued.
Sec. 203. Appropriations available in this title for salaries and
expenses shall be available for services authorized by section 3109 of
title 5, United States Code, hire of passenger motor vehicles; lease of
a facility or land or both; and uniforms or allowances therefore, as
authorized by sections 5901 through 5902 of title 5, United States
Code.
Sec. 204. No appropriations in this title (except the
appropriations for ``Construction, major projects'', and
``Construction, minor projects'') shall be available for the purchase
of any site for or toward the construction of any new hospital or home.
Sec. 205. No appropriations in this title shall be available for
hospitalization or examination of any persons (except beneficiaries
entitled to such hospitalization or examination under the laws
providing such benefits to veterans, and persons receiving such
treatment under sections 7901 through 7904 of title 5, United States
Code, or the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.)), unless reimbursement of the
cost of such hospitalization or examination is made to the ``Medical
services'' account at such rates as may be fixed by the Secretary of
Veterans Affairs.
Sec. 206. Appropriations available in this title for
``Compensation and pensions'', ``Readjustment benefits'', and
``Veterans insurance and indemnities'' shall be available for payment
of prior year accrued obligations required to be recorded by law
against the corresponding prior year accounts within the last quarter
of fiscal year 2011.
Sec. 207. Appropriations available in this title shall be
available to pay prior year obligations of corresponding prior year
appropriations accounts resulting from sections 3328(a), 3334, and
3712(a) of title 31, United States Code, except that if such
obligations are from trust fund accounts they shall be payable only
from ``Compensation and pensions''.
(including transfer of funds)
Sec. 208. Notwithstanding any other provision of law, during
fiscal year 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 ``General operating expenses, Veterans
Benefits Administration'' and ``Information technology systems''
accounts for the cost of administration of the insurance programs
financed through those accounts: Provided, That reimbursement shall be
made only from the surplus earnings accumulated in such an insurance
program during fiscal year 2012 that are available for dividends in
that program after claims have been paid and actuarially determined
reserves have been set aside: Provided further, That if the cost of
administration of such an insurance program exceeds the amount of
surplus earnings accumulated in that program, reimbursement shall be
made only to the extent of such surplus earnings: Provided further,
That the Secretary shall determine the cost of administration for
fiscal year 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.
Sec. 209. Amounts deducted from enhanced-use lease proceeds to
reimburse an account for expenses incurred by that account during a
prior fiscal year for providing enhanced-use lease services, may be
obligated during the fiscal year in which the proceeds are received.
(including transfer of funds)
Sec. 210. Funds available in this title or funds for salaries and
other administrative expenses shall also be available to reimburse the
Office of Resolution Management of the Department of Veterans Affairs
and the Office of Employment Discrimination Complaint Adjudication
under section 319 of title 38, United States Code, for all services
provided at rates which will recover actual costs but not exceed
$42,904,000 for the Office of Resolution Management and $3,360,000 for
the Office of Employment and Discrimination Complaint Adjudication:
Provided, That payments may be made in advance for services to be
furnished based on estimated costs: Provided further, That amounts
received shall be credited to the ``General administration'' and
``Information technology systems'' accounts for use by the office that
provided the service.
Sec. 211. No appropriations in this title shall be available to
enter into any new lease of real property if the estimated annual
rental cost is more than $1,000,000, unless the Secretary submits a
report which the Committees on Appropriations of both Houses of
Congress approve within 30 days following the date on which the report
is received.
Sec. 212. No funds of the Department of Veterans Affairs shall be
available for hospital care, nursing home care, or medical services
provided to any person under chapter 17 of title 38, United States
Code, for a non-service-connected disability described in section
1729(a)(2) of such title, unless that person has disclosed to the
Secretary of Veterans Affairs, in such form as the Secretary may
require, current, accurate third-party reimbursement information for
purposes of section 1729 of such title: Provided, That the Secretary
may recover, in the same manner as any other debt due the United
States, the reasonable charges for such care or services from any
person who does not make such disclosure as required: Provided
further, That any amounts so recovered for care or services provided in
a prior fiscal year may be obligated by the Secretary during the fiscal
year in which amounts are received.
(including transfer of funds)
Sec. 213. Notwithstanding any other provision of law, proceeds or
revenues derived from enhanced-use leasing activities (including
disposal) may be deposited into the ``Construction, major projects''
and ``Construction, minor projects'' accounts and be used for
construction (including site acquisition and disposition), alterations,
and improvements of any medical facility under the jurisdiction or for
the use of the Department of Veterans Affairs. Such sums as realized
are in addition to the amount provided for in ``Construction, major
projects'' and ``Construction, minor projects''.
Sec. 214. Amounts made available under ``Medical services'' are
available--
(1) for furnishing recreational facilities, supplies, and
equipment; and
(2) for funeral expenses, burial expenses, and other
expenses incidental to funerals and burials for beneficiaries
receiving care in the Department.
(including transfer of funds)
Sec. 215. Such sums as may be deposited to the Medical Care
Collections Fund pursuant to section 1729A of title 38, United States
Code, may be transferred to ``Medical services'', to remain available
until expended for the purposes of that account.
Sec. 216. The Secretary of Veterans Affairs may enter into
agreements with Indian tribes and tribal organizations which are party
to the Alaska Native Health Compact with the Indian Health Service, and
Indian tribes and tribal organizations serving rural Alaska which have
entered into contracts with the Indian Health Service under the Indian
Self Determination and Educational Assistance Act, to provide
healthcare, including behavioral health and dental care. The Secretary
shall require participating veterans and facilities to comply with all
appropriate rules and regulations, as established by the Secretary. The
term ``rural Alaska'' shall mean those lands sited within the external
boundaries of the Alaska Native regions specified in sections 7(a)(1)-
(4) and (7)-(12) of the Alaska Native Claims Settlement Act, as amended
(43 U.S.C. 1606), and those lands within the Alaska Native regions
specified in sections 7(a)(5) and 7(a)(6) of the Alaska Native Claims
Settlement Act, as amended (43 U.S.C. 1606), which are not within the
boundaries of the Municipality of Anchorage, the Fairbanks North Star
Borough, the Kenai Peninsula Borough or the Matanuska Susitna Borough.
(including transfer of funds)
Sec. 217. Such sums as may be deposited to the Department of
Veterans Affairs Capital Asset Fund pursuant to section 8118 of title
38, United States Code, may be transferred to the ``Construction, major
projects'' and ``Construction, minor projects'' accounts, to remain
available until expended for the purposes of these accounts.
Sec. 218. None of the funds made available in this title may be
used to implement any policy prohibiting the Directors of the Veterans
Integrated Services Networks from conducting outreach or marketing to
enroll new veterans within their respective Networks.
Sec. 219. The Secretary of Veterans Affairs shall submit to the
Committees on Appropriations of both Houses of Congress a quarterly
report on the financial status of the Veterans Health Administration.
(including transfer of funds)
Sec. 220. Amounts made available under the ``Medical services'',
``Medical support and compliance'', ``Medical facilities'', ``General
operating expenses, Veterans Benefits Administration'', ``General
administration'', and ``National cemetery administration'' accounts for
fiscal year 2012, may be transferred to or from the ``Information
technology systems'' account: Provided, That before a transfer may
take place, the Secretary of Veterans Affairs shall request from the
Committees on Appropriations of both Houses of Congress the authority
to make the transfer and an approval is issued.
(including transfer of funds)
Sec. 221. Amounts made available for the ``Information technology
systems'' account for development, modernization, and enhancement may
be transferred between projects or to newly defined projects:
Provided, That no project may be increased or decreased by more than
$1,000,000 of cost prior to submitting a request to the Committees on
Appropriations of both Houses of Congress to make the transfer and an
approval is issued, or absent a response, a period of 30 days has
elapsed.
Sec. 222. None of the funds appropriated or otherwise made
available by this Act or any other Act for the Department of Veterans
Affairs may be used in a manner that is inconsistent with--
(1) section 842 of the Transportation, Treasury, Housing
and Urban Development, the Judiciary, the District of Columbia,
and Independent Agencies Appropriations Act, 2006 (Public Law
109-115; 119 Stat. 2506); or
(2) section 8110(a)(5) of title 38, United States Code.
Sec. 223. Of the amounts made available to the Department of
Veterans Affairs for fiscal year 2012, in this Act or any other Act,
under the ``Medical facilities'' 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: Provided, That the
Secretary may waive this requirement after providing written notice to
the Committees on Appropriations of both Houses of Congress.
(including transfer of funds)
Sec. 224. Of the amounts appropriated to the Department of
Veterans Affairs for fiscal year 2011 for ``Medical services'',
``Medical support and compliance'', ``Medical facilities'',
``Construction, minor projects'', and ``Information technology
systems'', 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): Provided, 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.
(including transfer of funds)
Sec. 225. 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:
(1) 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
(2) 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).
(including transfer of funds)
Sec. 226. Of the amounts available in this title for ``Medical
services'', ``Medical support and compliance'', and ``Medical
facilities'', a minimum of $15,000,000, shall be transferred to the
Department of Defense/Department of Veterans Affairs Health Care
Sharing Incentive Fund, as authorized by section 8111(d) of title 38,
United States Code, to remain available until expended, for any purpose
authorized by section 8111 of title 38, United States Code.
(including rescission of funds)
Sec. 227. (a) 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:
(1) ``Department of Veterans Affairs, Medical services'',
$1,400,000,000.
(2) ``Department of Veterans Affairs, Medical support and
compliance'', $100,000,000.
(3) ``Department of Veterans Affairs, Medical facilities'',
$250,000,000.
(b) 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:
(1) ``Department of Veterans Affairs, Medical services'',
$1,400,000,000.
(2) ``Department of Veterans Affairs, Medical support and
compliance'', $100,000,000.
(3) ``Department of Veterans Affairs, Medical facilities'',
$250,000,000.
Sec. 228. 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: Provided, That such notification shall
occur within 14 days of a contract identifying the programmed amount:
Provided further, 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.
Sec. 229. The scope of work for a project included in
``Construction, major projects'' may not be increased above the scope
specified for that project in the original justification data provided
to the Congress as part of the request for appropriations.
TITLE III
RELATED AGENCIES
American Battle Monuments Commission
salaries and expenses
For necessary expenses, not otherwise provided for, of the American
Battle Monuments Commission, including the acquisition of land or
interest in land in foreign countries; purchases and repair of uniforms
for caretakers of national cemeteries and monuments outside of the
United States and its territories and possessions; rent of office and
garage space in foreign countries; purchase (one-for-one replacement
basis only) and hire of passenger motor vehicles; not to exceed $7,500
for official reception and representation expenses; and insurance of
official motor vehicles in foreign countries, when required by law of
such countries, $61,100,000, to remain available until expended.
foreign currency fluctuations account
For necessary expenses, not otherwise provided for, of the American
Battle Monuments Commission, such sums as may be necessary, to remain
available until expended, for purposes authorized by section 2109 of
title 36, United States Code.
United States Court of Appeals for Veterans Claims
salaries and expenses
For necessary expenses for the operation of the United States Court
of Appeals for Veterans Claims as authorized by sections 7251 through
7298 of title 38, United States Code, $30,770,000: Provided, 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.
Department of Defense--Civil
Cemeterial Expenses, Army
salaries and expenses
For necessary expenses, as authorized by law, for maintenance,
operation, and improvement of Arlington National Cemetery and Soldiers'
and Airmen's Home National Cemetery, including the purchase of two
passenger motor vehicles for replacement only, and not to exceed $1,000
for official reception and representation expenses, $45,800,000, to
remain available until expended: Provided, That none of the funds
available under this heading shall be for construction of a perimeter
wall at Arlington National Cemetery. In addition, such sums as may be
necessary for parking maintenance, repairs and replacement, to be
derived from the Lease of Department of Defense Real Property for
Defense Agencies account.
Funds appropriated under this Act may be provided to Arlington
County, Virginia, for the relocation of the federally owned water main
at Arlington National Cemetery making additional land available for
ground burials.
Armed Forces Retirement Home
trust fund
For expenses necessary for the Armed Forces Retirement Home to
operate and maintain the Armed Forces Retirement Home--Washington,
District of Columbia, and the Armed Forces Retirement Home--Gulfport,
Mississippi, to be paid from funds available in the Armed Forces
Retirement Home Trust Fund, $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.
TITLE IV
GENERAL PROVISIONS
Sec. 401. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 402. 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.
Sec. 403. None of the funds made available in this Act may be used
for any program, project, or activity, when it is made known to the
Federal entity or official to which the funds are made available that
the program, project, or activity is not in compliance with any Federal
law relating to risk assessment, the protection of private property
rights, or unfunded mandates.
Sec. 404. No part of any funds appropriated in this Act shall be
used by an agency of the executive branch, other than for normal and
recognized executive-legislative relationships, for publicity or
propaganda purposes, and for the preparation, distribution, or use of
any kit, pamphlet, booklet, publication, radio, television, or film
presentation designed to support or defeat legislation pending before
Congress, except in presentation to Congress itself.
Sec. 405. All departments and agencies funded under this Act are
encouraged, within the limits of the existing statutory authorities and
funding, to expand their use of ``E-Commerce'' technologies and
procedures in the conduct of their business practices and public
service activities.
Sec. 406. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government except pursuant to a transfer made by, or transfer
authority provided in, this or any other appropriations Act.
Sec. 407. Unless stated otherwise, all reports and notifications
required by this Act shall be submitted to the Subcommittee on Military
Construction and Veterans Affairs, and Related Agencies of the
Committee on Appropriations of the House of Representatives and the
Subcommittee on Military Construction and Veterans Affairs, and Related
Agencies of the Committee on Appropriations of the Senate.
Sec. 408. (a) Any agency receiving funds made available in this
Act, shall, subject to subsections (b) and (c), post on the public
website of that agency any report required to be submitted by the
Congress in this or any other Act, upon the determination by the head
of the agency that it shall serve the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains confidential or proprietary
information.
(c) The head of the agency posting such report shall do so only
after such report has been made available to the requesting Committee
or Committees of Congress for no less than 45 days.
Sec. 409. (a) In General.--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.
(b) Exception.--The prohibition in subsection (a) shall not apply
to any modification of facilities at United States Naval Station,
Guantanamo Bay, Cuba.
This Act may be cited as the ``Military Construction and Veterans
Affairs, and Related Agencies Appropriations Act, 2012''.
Calendar No. 91
112th CONGRESS
1st Session
H. R. 2055
[Report No. 112-29]
_______________________________________________________________________
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.
_______________________________________________________________________
June 15, 2011
Received; read twice and referred to the Committee on Appropriations
June 30, 2011
Reported with an amendment