[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.

                          ____________________