[Congressional Record Volume 157, Number 109 (Wednesday, July 20, 2011)]
[Senate]
[Pages S4700-S4712]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
MILITARY CONSTRUCTION AND VETERANS AFFAIRS AND RELATED AGENCIES
APPROPRIATIONS ACT, 2012--Continued
Amendment No. 575
Ms. AYOTTE. Madam President, I ask unanimous consent to set aside the
pending amendment and call up my amendment No. 575, which is at the
desk.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
The clerk will report.
The assistant bill clerk read as follows:
The Senator from New Hampshire [Ms. Ayotte] proposes an
amendment numbered 575.
The PRESIDING OFFICER. The Senator from Arizona.
Mr. McCAIN. I ask unanimous consent that further reading of the
amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
[[Page S4701]]
(Purpose: To require the Secretary of Veterans Affairs, in coordination
with the Defense Advanced Research Projects Agency, to submit a report
to Congress detailing the Secretary's plans, and identifying
challenges, both technical and administrative, to ensure that advanced,
next-generation prosthetics are made available to injured members of
the Armed Forces and veterans in a timely manner)
On page 112, between lines 2 and 3, insert the following:
Sec. 230. (a) Not later than 90 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs, in
coordination with the Defense Advanced Research Projects
Agency (DARPA), shall submit to the Committee on
Appropriations, the Committee on Veterans' Affairs, and the
Committee on Armed Services of the Senate and the Committee
on Appropriations, the Committee on Veterans' Affairs, and
the Committee on Armed Services of the House of
Representatives a report, in writing, on the plans of the
Secretary to make available to injured members of the Armed
Forces and veterans the next generation of advanced
prosthetics.
(b) The report required by subsection (a) shall include the
following:
(1) Details of the strategic plan and timetable of the
Secretary to make available to injured members of the Armed
Forces and veterans the next generation of advanced
prosthetics
(2) A description of the challenges, both technical and
administrative, that could delay injured members of the Armed
Forces and veterans access to prosthetics described in
paragraph (1).
(3) The plans of the Secretary to address these challenges
described under paragraph (2).
The PRESIDING OFFICER. The Senator from New Hampshire.
Ms. AYOTTE. Madam President, I have offered an amendment to H.R.
2055. It seeks to help to make sure our wounded warriors get the
benefits of next-generation advanced prosthetics in a timely fashion.
This amendment would require the Secretary of Veterans Affairs to
submit to Congress a report within 90 days, identifying the
bureaucratic hurdles and redtape we need to cut through to make sure
the research that is being done and the next-generation advanced
prosthetics that are being developed to help our wounded warriors will
get to them as quickly as possible.
We have invested substantial taxpayer dollars, including through the
Defense Advanced Research Project Agency, or DARPA, in developing this
great technology in advanced next-generation prosthetics.
Last week, I had the chance to go to Walter Reed Hospital and meet
with some of our wounded warriors. They are absolutely amazing
Americans, and what they have done for our country is incredible. We
can never repay the sacrifices they have made. But the last thing they
should have to put up with is waiting for years of delay through the
FDA or other government agencies to make sure they can get the very
best technology available for next-generation advanced prosthetics.
That is why I offer this amendment.
I hope this amendment will be passed to make sure we can cut through
the redtape, that the Veterans' Administration will identify any
hurdles that are present, that we can get through those hurdles and get
that technology to our wounded warriors as soon as possible, given what
they have done for our country and continue to do in fighting on our
behalf. They are heroes, and they deserve to not have to wait and wade
through government bureaucracy.
The PRESIDING OFFICER. The Senator from California.
Amendment No. 577
Mrs. BOXER. Madam President, I ask unanimous consent to set aside any
pending amendments and call up amendment No. 577.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
The clerk will report.
The assistant bill clerk read as follows:
The Senator from California [Mrs. Boxer] proposes an
amendment numbered 577.
Mrs. BOXER. Madam President, I ask unanimous consent that the
amendment be considered as read.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
At the appropriate place, add the following:
Sec. __ No later than 90 days after enactment of this Act,
the Secretary of Defense shall report to the Committees on
Appropriations of the Senate and the House of Representatives
on the status and improvement plan for all DODEA schools with
an overall condition rating of Q3 (poor) or Q4 (failing) as
identified in the October 2009 Report to Congress on
Department of Defense Education Activity's Military
Construction Program.
The PRESIDING OFFICER. The Senator from California.
Mrs. BOXER. Madam President, the Department of Defense runs schools
that serve over 86,000 children across America, Europe, and in the
Pacific region. That is why I was able to get together with Senator
Graham and Senator Inhofe to work on a way we could get those schools
fixed because they are crumbling. Since a picture is worth a thousand
words, I will show this picture from one of the schools.
We can see the tiles on the roof crumbling. We have had that in our
public schools, before we woke up. Literally, these tiles fall down,
and it is just by the grace of God that a child or a teacher doesn't
get hit and very hurt. Clearly, we need to do something about it.
What I would like to say is, we started off with an amendment that
actually required the DOD to fix these schools. Now we are asking for a
report that they do it because we have to avoid some parliamentary
procedure problems of legislating on approps. So we believe we have
done this.
I think everyone should be read last month's Newsweek. They published
an investigation by the Standard for Public Integrity, which documented
the conditions of DOD-run schools with serious problems, leaks,
corrosion, mold and overcrowding and relying on temporary facilities.
My amendment has the strong support of the National Military Families
Association. They sent me a statement and I will close with this.
DOD schools, especially at U.S. installations overseas, are
a community focal point and a key element in the support
network for our military families stressed by a decade of
war. Poorly repaired or out-of-date buildings can also create
the perception among military families that their children's
education is not a priority for our Nation.
I urge support for this bipartisan amendment, and I would yield the
floor.
The PRESIDING OFFICER. The majority leader.
Mr. REID. Madam President, I ask unanimous consent that the Johnson-
Kirk amendment No. 556 be modified further with the changes that are at
the desk; that Senator Warner be added as a cosponsor to the Johnson-
Kirk amendment; that the pending amendments be set aside and two
amendments from Senator Hutchison be called up, No. 562 and No. 563 en
bloc, and following the reporting of the Hutchison amendments, the
following pending amendments be agreed to: Johnson-Kirk No. 556, as
further modified; Wyden No. 570; Hutchison, No. 562; and Hutchison No.
563; further, the pending McCain amendment No. 553 be withdrawn; that
no other amendments, motions or points of order be in order other than
motions to table or budget points of order and the applicable motions
to waive; that at 4:45 p.m., the Senate proceed to a vote in relation
to the following amendments in the order listed below: Ayotte amendment
No. 575, Boxer amendment No. 577, and Coburn amendment No. 564; that
upon disposition of the Coburn amendment, the substitute amendment, as
amended, be agreed to; the bill be read a third time and the Senate
proceed to a vote on passage of the bill, as amended; and the motions
to reconsider be made and laid upon the table; finally, that upon
passage, the Senate insist on its amendment, request a conference with
the House on the disagreeing votes of the two Houses, and the Chair be
authorized to appoint conferees on the part of the Senate, with a ratio
of 9 to 8.
The PRESIDING OFFICER. Is there objection?
Mr. REID. I would ask that my request be modified to allow 2 minutes
of debate, equally divided, between the votes.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
Amendment No. 556, as Further Modified
The amendment (No. 556), as further modified, is as follows:
On page 114 between lines 18 and 19, insert the following:
Sec. 301. Not later than 90 days after enactment of this
Act, the Executive Director of Arlington National Cemetery
shall provide a
[[Page S4702]]
report to the Committees on Appropriations of the Senate and
the House of Representatives; the Senate Armed Services
Committee; the Senate Veterans' Affairs Committee; and the
Senate Homeland Security and Governmental Affairs Committee
detailing the strategic plan and timetable to modernize the
Cemetery's Information Technology system, including
electronic burial records. The report should also include a
description of the steps taken by the Executive Director in
2011 to implement information technology and management
systems improvements, and identify any remaining information
technology and systems infrastructure needs of Arlington
National Cemetery.
Amendments Nos. 562 and 563
The PRESIDING OFFICER. The clerk will report the Hutchison
amendments.
The assistant bill clerk read as follows:
The Senator from Texas [Mrs. Hutchison] proposes amendments
numbered 562 and 563.
The amendments are as follows:
Amendment No. 562
(Purpose: To restrict the use of funds for a permanent United States
Africa Command headquarters outside of the United States)
On page 84, between lines 5 and 6, insert the following:
Sec. 127. None of the funds appropriated or otherwise made
available by this title may be obligated or expended for a
permanent United States Africa Command headquarters outside
of the United States until the Secretary of Defense provides
the congressional defense committees an analysis of all
military construction costs associated with establishing a
permanent location overseas versus in the United States.
Amendment No. 563
(Purpose: To limit the availability of funds for military construction
projects at Grafenwohr and Baumholder, Germany, pending a report on the
brigade combat team scheduled to be withdrawn from Germany in 2015)
On page 84, between lines 5 and 6, insert the following:
Sec. 127. None of the funds appropriated or otherwise made
available by this title may be obligated or expended on a
military construction project at Grafenwohr, Germany, or
Baumholder, Germany, until the Secretary of the Army submits
to Congress, in writing, a report on installations and
properties in Germany that the Army intends to return to the
host nation, including--
(1) intended timelines for closures along with the list of
military construction projects required at other
installations to facilitate the downsizing and consolidation
of Army forces in Germany;
(2) an identification of the brigade combat team that will
be withdrawn from Germany; and
(3) an estimate of costs (including operation and
maintenance costs and military construction costs) to be
incurred during fiscal years 2012 through 2015 in connection
with keeping the brigade identified in Germany through
September 30, 2015 versus stationing a similar brigade in the
United States.
The PRESIDING OFFICER. Amendment No. 556, as further modified, and
amendments Nos. 570, 562, and 563 are agreed to.
Amendment No. 553 is withdrawn.
The PRESIDING OFFICER. The Senator from Arizona.
Amendment No. 564
Mr. McCAIN. Madam President, I rise in support of the Coburn
amendment and ask unanimous consent to engage in a colloquy with the
Senator from Oklahoma.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. McCAIN. Madam President, I think it is important for us to
understand what this amendment is about.
It does not affect the decisions regarding disability as a result of
Agent Orange that have already been decided under the guidelines that
were extended by the Secretary of Veterans Affairs. This is a
prospective amendment. So any allegation that this somehow affects
previous awarding of disability payments is not correct. It is a
prospective amendment for cases that will be decided in the future.
The issue of disability is always one that is very difficult because
we start on the basis that concerns men and women who have served
honorably in the military. Obviously, the predilection is,
appropriately, to grant disabilities where those claims are made. But
we now have a situation where somewhere around $40 billion, $41
billion, simply over the issue of heart disease, can be awarded without
what appears to be a direct connection to Agent Orange.
There were many of our men and women who were serving in the conflict
in Vietnam who were exposed to Agent Orange, but there were many more
who were not. I don't think one can make a case that someone who was
stationed on a ship in the Gulf of Tonkin and was many miles from any
Agent Orange, that one could make a plausible case that Agent Orange
was the cause of this disability.
What this amendment tries to do is give a realistic set of parameters
for the awarding of disability payment for those who actually were
exposed, and not only exposed but also that there is a direct
connection between the exposure to herbicides and the outcome.
There are many needs amongst our veterans. They are there every
single day. The purpose of this amendment is to make sure there is a
legitimate need for compensation for those who were exposed to Agent
Orange and a direct connection between that exposure and certain
disabilities, particularly heart disease, Parkinson's disease,
Hodgkin's, et cetera. What we are trying to do is make sure those who
were actually exposed, and there is a direct connection, are rewarded,
and adequately so, but at the same time not have a situation where it
is an open-ended expenditure of taxpayers' dollars.
The Veterans' Disability Benefits Commission endorsed the need for
establishing a new framework for presumptions with more transparent
processes but failed to take the full step of embracing causality in
decisionmaking. This amendment will achieve that goal identified by the
Institute of Medicine to ensure that scientifically based causality is
at the heart of the disability determination process.
I would match the commitment of the Senator from Oklahoma and my own
for veterans with the commitment of anyone in this body, but there also
has to be some rationality associated with it. I was a great admirer of
the Honorable Tony Principi, who was the former Secretary of Veterans
Affairs. Again, I want to quote from his statement:
If the American people lose faith in the integrity of our
disability benefit system, veterans and their families will
be the ones who suffer. The surest way for that to happen is
for the public to be convinced that presumptive service
connection decisions are based on anything other than sound
scientific advice.
These presumptions, as they presently exist, are not based on sound
scientific advice. With some I am sure this amendment is not popular,
but I thank my colleague from Oklahoma for bringing it to the attention
of this body.
Mr. COBURN. Madam President, I thank the Senator from Arizona. We
want to make sure any veteran who has a positive causation factor from
any aspect that would lead to any disability, that we meet that need.
That is not what this is about.
This has been looked at two times by the Institute of Medicine. The
first time there was no study--none of the studies they cited showed
even positive association. The last time we had two that showed some
positive association but absolutely no causation. There is a big
difference in science. Something can be associated with something and
doesn't mean it causes it. On that basis, the Secretary committed this
country to make payments to people for disabilities that are not
associated with their service. The point is, in a limited budget going
forward, if we are paying for disabilities that are not associated with
service, that means we are going to have less money available for those
veterans who do have a disability.
We have heard, No. 1, this will reverse all that has come before. It
will not. It is prospective only. It will not change the presumption
that if someone was in or above Vietnam they have the presumption of
being exposed to Agent Orange. That will not change at all. The
previous scientific diseases that were based on causation will not be
eliminated at all. But, in fact, those that are not associated with
causality will be eliminated.
Will they be eliminated in the future? If the science at some point
in time shows us that there is a causal relationship between that
exposure and disease, then we can do something about it. But now we are
throwing money at disabilities that are not associated and not caused
by veterans' exposure to this herbicide.
I ask, given where we are in this country and the fact that we are
going to have a tough time funding veterans
[[Page S4703]]
programs in the future anyway, that we ought not spend a dollar on
something that is not directly caused by a veteran's exposure to Agent
Orange so that we have that dollar to pay for those who truly were
exposed and truly have a disability.
I yield back to the Senator from Arizona.
Mr. McCAIN. I thank the Senator from Oklahoma. I ask him, I have
heard anecdotally the eligibility for disability under the guidelines
as issued by the Secretary of the Army--and, by the way, we are talking
about $40-some billion additional of taxpayers' money. I think that
should be the subject of legislative action rather than a decision made
by the Secretary of Veterans Affairs.
Is it not true that, anecdotally, we have heard that people who were
in the Korean war and not the Vietnam war have somehow become eligible?
And people who were on ships in the Gulf of Tonkin, not anywhere near
Agent Orange, have also been declared eligible?
Mr. COBURN. They are eligible, and there are some reasons for that.
But that is not what this debate is about. We are not questioning it.
We are just saying on this basis we are not using science how we have
used it in every other aspect of veterans' disability. Now we are going
beyond science.
When we look at the total number of studies, rarely 3 percent or so
show any association, and association does not imply any causation. So
we have the Secretary who has made a decision to commit this country to
$42 billion of additional expenditures not based on sound science but
the fact that he can do that, and that is what I think is wrong. If the
veterans committee thinks there is the science to do that, they should
bring a bill to the floor and do that. But the science is not there. I
have looked at it. I have read it. It is not there.
The Institute of Medicine says it is not there, and they say
disability ought to be based on causation, not on association.
Mr. McCAIN. Madam President, I yield the floor.
Mr. JOHNSON of South Dakota. Madam President, I suggest the absence
of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mrs. BOXER. Madam President, I ask unanimous consent the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Amendment No. 577, as Modified
Mrs. BOXER. Madam President, I ask unanimous consent that Boxer
amendment No. 577 be modified with the changes that are already at the
desk.
The PRESIDING OFFICER. Is there objection? Without objection, it is
so ordered.
The amendment (No. 577), as modified, is as follows:
At the appropriate place, add the following:
Sec. __. No later than 90 days after enactment of this Act,
the Secretary of Defense shall report to the Congressional
Defense Committees of the Senate and the House of
Representatives on the status and improvement plan for all
DODEA schools with an overall condition rating of Q3 (poor)
or Q4 (failing) as identified in the October 2009 Report to
Congress on Department of Defense Education Activity's
Military Construction Program.
Mrs. BOXER. I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. JOHNSON of South Dakota. I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. JOHNSON of South Dakota. I thank the Chair.
Amendment No. 575
The PRESIDING OFFICER. Under the previous order, the question is on
agreeing to amendment No. 575.
The amendment (No. 575) was agreed to.
Amendment No. 577, As Modified
The PRESIDING OFFICER. Under the previous order, the question is on
agreeing to the Boxer amendment No. 577, as modified.
The amendment (No. 577), as modified, was agreed to.
Amendment No. 564
The PRESIDING OFFICER. There will now be 2 minutes of debate equally
divided on the Coburn amendment.
The Senator from Oklahoma.
Mr. COBURN. This is a commonsense amendment that will secure this for
veterans and make sure we are not paying for disabilities for those who
are not truly service connected, that are not based on science or
causation. I know it is a tough vote, but in the environment we face
today we ought to be using science to positively connect causality with
any disability we grant.
With that, I reserve the remainder of my time.
Mrs. MURRAY. So my colleagues know, there is a reason we have made
this type of compensation like Agent Orange presumptive. It is because
our military did a miserable job of tracking these exposures, and it is
because no veteran will ever be able to go to a map and tell you with
certainty where they were exposed. No veteran will tell you what and
how much of this poison Agent Orange they inhaled. So we have to look
at the facts with reason and compassion, and in this case on the one
hand we have the knowledge that we sprayed a known killer throughout
the area where a number of these veterans were serving.
We have had thousands of veterans who have come forward and believe
their cancers and ailments were caused by that exposure. We have
studies that show veterans exposed to Agent Orange are more likely to
have heart disease, cancer, and other conditions. We have the Institute
of Medicine which has recommended giving these veterans the benefit of
the doubt, and we have the Secretary of Veterans Affairs who has
decided we need to move forward to provide compensation.
On the other hand, you have an amendment today--while it makes a
compelling case for saving money, it hasn't presented any evidence at
all that Agent Orange did not cause the conditions faced by these
Vietnam veterans coming forward. An amendment that asks our veterans to
wait longer? That is something they have already done too much of. They
have been waiting and getting sicker. They have been dying for 40 years
or more. We should not ask them to wait longer.
The PRESIDING OFFICER. The Senator's time has expired.
Mrs. MURRAY. I thank the Chair. I urge my colleagues to vote to table
this amendment. And if the Senator wants to finish his remarks, I will
move to table when he is finished.
Mr. COBURN. I wish to make one point. The Institute of Medicine did
not recommend this. As a matter of fact, their recommendation was that
causality ought to be the only way in which we would do this.
I would ask for the yeas and nays on the amendment.
Mrs. MURRAY. Madam President, I move to table the amendment. I ask
for the yeas and nays.
The PRESIDING OFFICER. The question is on agreeing to the motion.
Is there a sufficient second?
There appears to be a sufficient second.
The clerk will call the roll.
The legislative clerk called the roll.
Mr. KYL. The following Senator is necessarily absent: the Senator
from Arkansas (Mr. Boozman).
The PRESIDING OFFICER (Mr. Whitehouse). Are there any other Senators
in the Chamber desiring to vote?
The result was announced--yeas 69, nays 30, as follows:
[Rollcall Vote No. 114 Leg.]
YEAS--69
Akaka
Ayotte
Baucus
Begich
Bennet
Bingaman
Blumenthal
Boxer
Brown (MA)
Brown (OH)
Burr
Cantwell
Cardin
Carper
Casey
Collins
Conrad
Coons
Durbin
Feinstein
Franken
Gillibrand
Grassley
Hagan
Harkin
Heller
Hoeven
Inhofe
Inouye
Isakson
Johanns
Johnson (SD)
Kerry
Klobuchar
Kohl
Landrieu
Lautenberg
Leahy
Levin
Lieberman
Manchin
McCaskill
Menendez
Merkley
Mikulski
Moran
Murkowski
Murray
Nelson (NE)
Nelson (FL)
Pryor
Reed
Reid
Roberts
Rockefeller
Rubio
Sanders
Schumer
Shaheen
Snowe
Stabenow
Tester
Thune
Udall (CO)
Udall (NM)
Warner
Webb
Whitehouse
Wyden
NAYS--30
Alexander
Barrasso
Blunt
Chambliss
Coats
Coburn
Cochran
Corker
Cornyn
[[Page S4704]]
Crapo
DeMint
Enzi
Graham
Hatch
Hutchison
Johnson (WI)
Kirk
Kyl
Lee
Lugar
McCain
McConnell
Paul
Portman
Risch
Sessions
Shelby
Toomey
Vitter
Wicker
NOT VOTING--1
Boozman
The motion was agreed to.
Mr. DURBIN. Mr. President, I rise to express my support for the
fiscal year 2012 Military Construction and Veterans Affairs
appropriations bill.
As a nation we are dedicated to taking care of our troops, those same
troops who deploy into harm's way regardless of whether we are able to
come to an agreement on our debt ceiling.
We are also dedicated to upholding our commitment to our veterans who
have fought past wars and did so because they believed in this country
and the freedoms we all enjoy today.
This bill passed the Appropriations Committee unanimously on June 30,
and I'm pleased the Senate moved quickly to bring this measure to the
floor for debate.
Our Nation has been at war for almost a decade. We are involved in
three wars. In support of our troops on the front lines, we need to
make sure they have the infrastructure they need to train and the
family housing facilities they deserve.
The bill includes $11.1 billion for military construction worldwide
to provide for barracks, readiness centers, schools, hospitals and
clinics.
In particular, it provides the entire requested amount, $1.2 billion,
for reservist construction projects.
Several of these projects from the President's budget are in
Illinois, totaling some $146 million. The bill provides for Army
Reserve centers in Homewood and Rockford, IL. It also provides for an
Army National Guard Readiness Center in Normal, IL, as well as
renovations to the Great Lakes Naval Station.
The bill provides funding for necessary projects like these all
across the country.
Without them, our Guard and Reserve would struggle to maintain the
training and preparations necessary in a time of war.
The bill also keeps our commitment to our veterans, some of whose
lives have changed forever as a result of their service.
We are all committed to providing our veterans with the care,
services and facilities they deserve, even in tough budget years.
As such, the bill provides VA medical research at $72 million above
the budget request for mental health, traumatic brain injury, spinal
cord injury, burns and sensory loss.
These are key areas for a cohort of veterans who are surviving in
larger numbers than previous wars due to improved medical care.
To take one example: Our men and women on the front lines are
increasingly suffering brain injuries from improvised explosive device,
IED, blasts. While we have advanced our understanding of how traumatic
brain injury, TBI, affects the brain, there is still a lot more to
learn through this research.
This funding will also continue work with prosthetics. Walter Reed
Army Medical Center has done amazing work with providing prosthetics
that even help return some servicemembers to their pre-injury jobs in
the military.
Many use their new prosthetics and relearn how to not only take care
of themselves, but also ski, ride a bike, and even fish. Without this
funding our troops and veterans would not have access to the amazing
medical advances which make these activities possible.
Another key area of this bill fully funds the information technology
infrastructure at the VA. This will allow the agency to continue
developing and improving electronic health records, paperless claims
systems, and implementing the seamless integration between the DOD and
the VA.
These systems should help address the claims backlog--a problem our
veterans deserve to have addressed.
Yes, the VA has expanded eligibility to include those exposed to
Agent Orange, a policy long time coming. Yes, there are large numbers
of OEF and OIF veterans submitting claims, an unfortunate state of
events.
But not one of these veterans deserves to wait for months and years
for a response to their disability claim. We can do better. And we must
do better.
And for our veterans who have been severely injured as a result of
their service and now require full-time care, the VA has already begun
accepting applications for the Caregivers Program. Over 1,100
applications have been received nationwide by the end of last month.
I am proud to have helped create this program as part of the
Caregiver and Veterans Omnibus Health Services Act of 2009.
The Caregiver Program helps keep the promise our country has made to
our veterans by providing comfortable and dignified home care by a
family member for post-9/11 veterans.
I have met several of these veterans and their caregivers in
Illinois. It has been a long and winding road, but we are finally going
in the right direction and supporting those families whose
servicemember was severely injured.
This bill provides 100 percent of the President's request, $208
million, for implementation of the Caregivers Program, and our veterans
and their families are depending on the passage of this bill.
Americans are counting on us to pass bills and legislate. Our
servicemembers are counting on us to fund their needs so they can get
on with the business of keeping us safe. And our veterans are expecting
us to honor our commitment and honor their service by paying for the
care and services they have so rightly earned.
Senator Johnson and Senator Kirk, the managers of this bill, have put
a great deal of effort into creating a spending bill that is fiscally
responsible without sacrificing the needs of our men and women in
uniform. I look forward to the conclusion of debate on this bill and
moving to final passage.
Mr. WARNER. Mr. President, I call to the attention of my colleagues
two amendments that Senator Webb and I have filed to the Military
Construction and Veterans Affairs, and Related Agencies Appropriations
Act for 2012.
Each of these amendments relates to the Navy's proposal to build a
new nuclear pier facility to support east coast aircraft carriers. With
annual recurring costs, this new project would likely cost just shy of
a billion dollars.
At a time when our Nation is in a severe fiscal crisis and the Navy
cannot pay to maintain the infrastructure it currently owns. As Admiral
Mullen has said, the greatest challenge to our national security is our
mounting debt.
Together, these amendments would save nearly $15 million for an
unnecessary Navy military construction project at Naval Station
Mayport, FL. We are awaiting completion of an independent GAO
assessment of the strategic risks to our carrier fleet which include
manmade and natural disasters. It would also consider the cost and
benefits of what other measures we can take to mitigate risk.
This is not a small project, the Navy estimates its homeporting plan
will cost nearly $600 million, but that cost could escalate to up to $1
billion during the eight years ahead. Tack on to that more than $20
million in annual maintenance costs currently estimated for an
additional homeport and we are signing the taxpayer up for a big bill,
much of which is not funded. It is in the ``outyears'' as they say.
The justification for a new homeport is the mitigation of the risk of
a terrorist attack, accident, or natural disaster occurring at the
nuclear handling facility at the existing carrier homeport at Norfolk,
VA.
However, the current Navy plan fails to take into account the two
additional east coast carrier capable facilities at Newport News, VA,
and the Naval Shipyard. Each of these facilities maintains separate
nuclear handling sites located many miles apart. If there were damage
to the existing Naval base, the Navy could simply disperse the carriers
to other piers. That is a lot cheaper and more efficient than building
a new, duplicative facility.
Additionally, recent Navy briefings indicate there is a 50-percent
greater chance of a major hurricane hitting Mayport than Norfolk. Why
would we want to build a new facility at a higher risk location?
The Navy has also identified unfunded priorities totaling $11.8
billion between fiscal year 2008 and fiscal year 2012. These priorities
are in critical areas including shipbuilding, military construction,
maintenance, and acquisition programs--programs which are
[[Page S4705]]
critical to both our current and future readiness.
We must maintain our existing infrastructure properly before pursuing
a duplicative homeporting project. It is more fiscally responsible for
the Navy to reduce its current unfunded requirements, which total tens
of billions of dollars.
With our serious fiscal reality, it is much more responsible to focus
on taking care of the infrastructure we have then embarking on buying
new infrastructure which we cannot afford and piles more money onto our
national debt.
The PRESIDING OFFICER. The substitute amendment, as amended, is
agreed to.
The question is on the engrossment of the amendment and third reading
of the bill.
The amendment was ordered to be engrossed and the bill to be read a
third time.
The bill was read the third time.
The PRESIDING OFFICER. The Senator from South Dakota.
Mr. JOHNSON of South Dakota. Mr. President, I would like to yield to
Senator Kirk for any final remarks he may have.
The PRESIDING OFFICER. The Senator from Illinois.
Mr. KIRK. Mr. President, I remind Members, we are now moving to final
passage on our first appropriations bill of this Congress. It has been
2 years since the Senate has passed a separate freestanding
appropriations bill, but this is a bipartisan measure. It is marked to
the House budget level, the Paul Ryan budget. We made difficult
decisions cutting 24 separate military construction programs. We denied
the Court of Appeals for Veterans Claims a new building. We came in
below the President, about $1.2 billion below the President; $620
million below last year, and even $2.6 million below the House-passed
bill.
This is the bill that takes care of over 22 million veterans and our
military construction needs. I thank Chairman Johnson for his work as
we get the Appropriations Committee going again in a bipartisan way.
With that, I yield back to the chairman.
The PRESIDING OFFICER. The Senator from South Dakota.
Mr. JOHNSON of South Dakota. Mr. President, shortly we will be voting
on final passage of the MILCON-VA appropriations bill. I would like to
thank Leaders Reid and McConnell and Chairman Inouye and Vice Chairman
Cochran for their leadership and support in getting us to this point.
I would especially like to thank my ranking member, Senator Kirk, for
his cooperation and support in crafting this bill and steering it
through the Senate. I am confident we would not be where we are today
without his help and hard work on this bill.
I also thank my colleagues for helping us to move this bill forward
by rejecting dilatory amendments and by showing restraint in offering
amendments to this bill. A number of Senators have filed amendments
that are very important to them but are also controversial or not
relevant to the bill. I appreciate their willingness to postpone debate
on some of these issues so as not to bog down this bill.
For example, I know Senators Webb and Warner feel very strongly about
their amendments regarding the homeporting of a Navy carrier on the
east coast, and I know the Florida Senators have equally strong
feelings on this subject. I understand the Defense authorization bill
includes a provision mandating a GAO report on this issue, and I
appreciate the willingness of both delegations to postpone the debate
on the carrier issue so we can focus on timely passage of this
appropriations bill.
Mr. President, I also thank the subcommittee staff who do the heavy
lifting in the drafting and managing of the bill on the Senate floor.
As I have said many times, this is a good bill. It is bipartisan, and
it is responsible. I urge all of my colleagues to support it.
Mr. KIRK. If the Senator would yield?
Mr. JOHNSON of South Dakota. Yes.
Mr. KIRK. I also thank Dave Schiappa, Laura Dove, and Ashley Messick
on the Senate floor for guiding this bill through; Chairman Inouye and
especially his staff director, Charlie Houy; Vice Chairman Cochran and
his staff director, Bruce Evans.
I thank Chairman Johnson and especially Tina Evans, Chad Schulken,
Andy Vanlandingham, Dennis Balkham, D'Ann Lettieri, and Patrick
Magnuson who have brought this first appropriations bill of this
Congress through.
With that, I yield the floor.
The PRESIDING OFFICER. The bill having been read the third time, the
question is, Shall the bill pass?
Mr. JOHNSON of South Dakota. I ask for the yeas and nays on passage
of the bill.
The PRESIDING OFFICER. Is there a sufficient second?
There is a sufficient second.
The clerk will call the roll.
Mr. KYL. The following Senator is necessarily absent: the Senator
from Arkansas (Mr. Boozman).
The PRESIDING OFFICER. Are there any other Senators in the Chamber
desiring to vote?
The result was announced--yeas 97, nays 2, as follows:
[Rollcall Vote No. 115 Leg.]
YEAS--97
Akaka
Alexander
Ayotte
Barrasso
Baucus
Begich
Bennet
Bingaman
Blumenthal
Blunt
Boxer
Brown (MA)
Brown (OH)
Burr
Cantwell
Cardin
Carper
Casey
Chambliss
Coats
Cochran
Collins
Conrad
Coons
Cornyn
Crapo
DeMint
Durbin
Enzi
Feinstein
Franken
Gillibrand
Graham
Grassley
Hagan
Harkin
Hatch
Heller
Hoeven
Hutchison
Inhofe
Inouye
Isakson
Johanns
Johnson (SD)
Johnson (WI)
Kerry
Kirk
Klobuchar
Kohl
Kyl
Landrieu
Lautenberg
Leahy
Lee
Levin
Lieberman
Lugar
Manchin
McCain
McCaskill
McConnell
Menendez
Merkley
Mikulski
Moran
Murkowski
Murray
Nelson (NE)
Nelson (FL)
Paul
Portman
Pryor
Reed
Reid
Risch
Roberts
Rockefeller
Rubio
Sanders
Schumer
Sessions
Shaheen
Shelby
Snowe
Stabenow
Tester
Thune
Toomey
Udall (CO)
Udall (NM)
Vitter
Warner
Webb
Whitehouse
Wicker
Wyden
NAYS--2
Coburn
Corker
NOT VOTING--1
Boozman
The bill (H.R. 2055), as amended, was passed, as follows:
H.R. 2055
Resolved, That the bill from the House of Representatives
(H.R. 2055) entitled ``An Act making appropriations for
military construction, the Department of Veterans Affairs,
and related agencies for the fiscal year ending September 30,
2012, and for other purposes.'', do pass with the following
amendment:
Strike out all after the enacting clause and insert:
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for military
construction, the Department of Veterans Affairs, and related
agencies for the fiscal year ending September 30, 2012, and
for other purposes, namely:
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
[[Page S4706]]
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
[[Page S4707]]
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
[[Page S4708]]
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.
Sec. 127. (a) Closure of Umatilla Army Chemical Depot,
Oregon.--The closure of the Umatilla Army Chemical Depot,
Oregon, and subsequent management and property disposal, may
be carried out in accordance with procedures and authorities
contained in the Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C.
2687 note).
(b) Retention of Property and Facilities.--The Secretary of
the Army may retain minimum essential ranges, facilities, and
training areas at Umatilla Army Chemical Depot, totaling
approximately 7,500 acres, as a training enclave for the
reserve components of the Armed Forces to permit the conduct
of individual and annual training.
(c) Office of Economic Adjustment Activities.--
Notwithstanding any other provision of law, the Office of
Economic Adjustment Activities of the Department of Defense
may make grants and supplement other Federal funds, using
funds made available by title, in connection with the closure
and management and disposal provided for in this section, and
the projects so supported shall be considered to be
authorized by law.
Sec. 128. None of the funds appropriated or otherwise made
available by this title may be obligated or expended for a
permanent United States Africa Command headquarters outside
of the United States until the Secretary of Defense provides
the congressional defense committees an analysis of all
military construction costs associated with establishing a
permanent location overseas versus in the United States.
Sec. 129. None of the funds appropriated or otherwise made
available by this title may be obligated or expended on a
military construction project at Grafenwohr, Germany, or
Baumholder, Germany, until the Secretary of the Army submits
to Congress, in writing, a report on installations and
properties in Germany that the Army intends to return to the
host nation, including--
(1) intended timelines for closures along with the list of
military construction projects required at other
installations to facilitate the downsizing and consolidation
of Army forces in Germany;
(2) an identification of the brigade combat team that will
be withdrawn from Germany; and
(3) an estimate of costs (including operation and
maintenance costs and military construction costs) to be
incurred during fiscal years 2012 through 2015 in connection
with keeping the brigade identified in Germany through
September 30, 2015 versus stationing a similar brigade in the
United States.
Sec. 130. No later than 90 days after enactment of this
Act, the Secretary of Defense shall report to the
congressional defense committees of the Senate and the House
of Representatives on the status and improvement plan for all
DODEA schools with an overall condition rating of Q3 (poor)
or Q4 (failing) as identified in the October 2009 Report to
Congress on Department of Defense Education Activity's
Military Construction Program.
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
[[Page S4709]]
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
[[Page S4710]]
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
[[Page S4711]]
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.
Sec. 230. (a) Not later than 90 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs, in
coordination with the Defense Advanced Research Projects
Agency (DARPA), shall submit to the Committee on
Appropriations, the Committee on Veterans' Affairs, and the
Committee on Armed Services of the Senate and the Committee
on Appropriations, the Committee on Veterans' Affairs, and
the Committee on Armed Services of the House of
Representatives a report, in writing, on the plans of the
Secretary to make available to injured members of the Armed
Forces and veterans the next generation of advanced
prosthetics.
(b) The report required by subsection (a) shall include the
following:
(1) Details of the strategic plan and timetable of the
Secretary to make available to injured members of the Armed
Forces and veterans the next generation of advanced
prosthetics
(2) A description of the challenges, both technical and
administrative, that could delay injured members of the Armed
Forces and veterans access to prosthetics described in
paragraph (1).
(3) The plans of the Secretary to address these challenges
described under paragraph (2).
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.
[[Page S4712]]
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.
Sec. 301. Not later than 90 days after enactment of this
Act, the Executive Director of Arlington National Cemetery
shall provide a report to the Committees on Appropriations of
the Senate and the House of Representatives; the Senate Armed
Services Committee; the Senate Veterans' Affairs Committee;
and the Senate Homeland Security and Governmental Affairs
Committee, detailing the strategic plan and timetable to
modernize the Cemetery's Information Technology system,
including electronic burial records. The report should also
include a description of the steps taken by the Executive
Director in 2011 to implement information technology and
management systems improvements, and identify any remaining
information technology and systems infrastructure needs of
Arlington National Cemetery.
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''.
The PRESIDING OFFICER. The Senate insists on its amendment, requests
a conference with the House on the disagreeing votes of the two Houses,
and the Chair appoints:
Mr. Johnson of South Dakota, Mr. Inouye, Ms. Landrieu, Mrs. Murray,
Mr. Reed of Rhode Island, Mr. Nelson of Nebraska, Mr. Pryor, Mr.
Tester, Mr. Leahy, Mr. Kirk, Mrs. Hutchison, Mr. McConnell, Ms.
Murkowski, Mr. Blunt, Mr. Hoeven, Mr. Coats, and Mr. Cochran, conferees
on the part of the Senate.
The majority leader is recognized.
Mr. REID. Mr. President, I express my appreciation to the chairman
and the ranking member of the subcommittee for the work they have done
on this bill. It took a little longer than we wanted, but they got it
done. They have been excellent managers of this important legislation.
It is our first appropriations bill. Senator McConnell and I want to do
other appropriations bills. It would be a new day to do these bills
rather than having a big omnibus bill. Again, I express my appreciation
to the managers.
There will be no more rollcall votes today. Tomorrow, I am going to
move to proceed to the bill that we call the Cut, Cap, and Balance bill
received from the House today. Under the rules of the Senate, a cloture
vote on the motion to proceed will occur Saturday. Therefore, I expect
a cloture vote sometime before lunchtime.
I am committed to allowing a full and fair debate on this bill. I
want the proponents and the opponents to have plenty of time to air
their views. If the proponents of the bill would like to have the vote
sooner, they can let me know and we will try to work something out.
There may be efforts to try to advance that vote. As far as I am
concerned, we should have a full and fair debate, and I look forward to
that.
The PRESIDING OFFICER. The minority leader is recognized.
Mr. McCONNELL. Mr. President, let me echo the remarks of the majority
leader regarding the chairman and the ranking members of this
subcommittee, who have done a fine job. I commend Senator Kirk, who has
served around here for the last couple of years. It is truly remarkable
to pass an appropriations bill. We passed it at a level where it is
likely to be conferenced successfully with the House. I congratulate
both Senators--in particular our new Senator from Illinois.
I also share the view of the majority leader that we should have a
vigorous debate over cut, cap, and balance. I look forward to being
here Saturday to vote to proceed to that bill.
Mr. REID. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. REID. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________