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[House Report 111-570]
[From the U.S. Government Publishing Office]

111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     111-570

======================================================================

 
      PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 5822) MAKING 
 APPROPRIATIONS FOR MILITARY CONSTRUCTION, THE DEPARTMENT OF VETERANS 
AFFAIRS, AND RELATED AGENCIES FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 
2011, AND FOR OTHER PURPOSES AND PROVIDING FOR CONSIDERATION OF MOTIONS 
                          TO SUSPEND THE RULES

                                _______
                                

   July 27, 2010.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

   Ms. Pingree of Maine, from the Committee on Rules, submitted the 
                               following

                              R E P O R T

                      [To accompany H. Res. 1559]

    The Committee on Rules, having had under consideration 
House Resolution 1559, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 5822, the 
``Military Construction and Veterans Affairs and Related 
Agencies Appropriations Act, 2011,'' under a structured rule. 
The resolution provides 1 hour of general debate equally 
divided and controlled by the chair and ranking minority member 
of the Committee on Appropriations. The resolution waives all 
points of order against consideration of the bill except those 
arising under clause 9 or 10 of rule XXI. The resolution 
provides that the bill shall be considered as read through page 
63, line 4. The resolution waives points of order against 
provisions in the bill for failure to comply with clause 2 of 
rule XXI.
    The resolution makes in order only those amendments printed 
in this report. The amendments made in order may be offered 
only in the order printed in this report, may be offered only 
by a Member designated in this report, shall be considered as 
read, shall be debatable for 10 minutes equally divided and 
controlled by the proponent and an opponent, and shall not be 
subject to a demand for division of the question. All points of 
order against the amendments except those arising under clause 
9 or 10 of rule XXI are waived. The resolution provides that 
for those amendments reported from the Committee of the Whole, 
the question of their adoption shall be put to the House en 
gros and without division of the question.
    The resolution provides one motion to recommit with or 
without instructions. The resolution provides that after 
consideration of the bill for amendment, the chair and ranking 
minority member of the Committee on Appropriations or their 
designees each may offer one pro forma amendment to the bill 
for the purpose of debate, which shall be controlled by the 
proponent. The resolution provides that the Chair may entertain 
a motion that the Committee rise only if offered by the chair 
of the Committee on Appropriations or his designee. The 
resolution provides that the Chair may not entertain a motion 
to strike out the enacting words of the bill.
    The resolution authorizes the Speaker to entertain motions 
that the House suspend the rules at any time through the 
calendar day of August 1, 2010. The Speaker or her designee 
shall consult with the Minority Leader or his designee on the 
designation of any matter for consideration pursuant to this 
resolution.

                         EXPLANATION OF WAIVERS

    The waiver of all points of order against consideration of 
the bill includes a waiver of Section 306 of the Congressional 
Budget Act, prohibiting consideration of legislation within the 
jurisdiction of the Committee on the Budget unless reported by, 
or discharged from, the Budget Committee. The rule waives 
clause 2 of rule XXI (prohibiting unauthorized appropriations 
or legislative provisions in an appropriations bill) against 
provisions in the bill.

                            COMMITTEE VOTES

    The results of each record vote on an amendment or motion 
to report, together with the names of those voting for and 
against, are printed below:

Rules Committee record vote No. 472

    Date: July 27, 2010.
    Measure: H.R. 5822.
    Motion by: Mr. Lincoln Diaz-Balart of Florida.
    Summary of motion: To report an open rule.
    Results: Defeated 3-7.
    Vote by Members: Matsui--Nay; Cardoza--Nay; Arcuri--Nay; 
Perlmutter--Nay; Pingree--Nay; Polis--Nay; Diaz-Balart, L.--
Yea; Sessions--Yea; Foxx--Yea; Slaughter--Nay.

Rules Committee record vote No. 473

    Date: July 27, 2010.
    Measure: H.R. 5822.
    Motion by: Mr. Sessions.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Djou (HI), #15, which would 
restore the Presidential level of funding for the Guam 
realignment and to maintain a robust military presence in the 
Asia-Pacific region. Funding for the restoration was 
reallocated from military construction accounts that were above 
the President's request.
    Results: Defeated 3-7.
    Vote by Members: Matsui--Nay; Cardoza--Nay; Arcuri--Nay; 
Perlmutter--Nay; Pingree--Nay; Polis--Nay; Diaz-Balart, L.--
Yea; Sessions--Yea; Foxx--Yea; Slaughter--Nay.

Rules Committee record vote No. 474

    Date: July 27, 2010.
    Measure: H.R. 5822.
    Motion by: Mr. Sessions.
    Summary of motion: To make in order and provide appropriate 
waivers for an amendment by Rep. Moran (KS), #26, which would 
prohibit funding for the VA to forward the names of veterans to 
the FBI's National Instant Criminal Background Check System 
(NICS)--which prevents individuals from purchasing and 
possessing firearms--without a judicial authority first 
determining that these individuals pose a danger to themselves 
or others. Currently, the VA denies gun ownership rights to 
veterans for whom they appoint a fiduciary to assist in 
managing their financial affairs, a decision based solely on a 
veteran's capacity to manage his or her VA funds and not on 
information relevant to a veteran's capacity to own and 
purchase firearms.
    Results: Defeated 3-7.
    Vote by Members: Matsui--Nay; Cardoza--Nay; Arcuri--Nay; 
Perlmutter--Nay; Pingree--Nay; Polis--Nay; Diaz-Balart, L.--
Yea; Sessions--Yea; Foxx--Yea; Slaughter--Nay.

                  SUMMARY OF AMENDMENTS MADE IN ORDER

    (Summaries derived from information provided by sponsors.)
    1. Holt (NJ): Would instruct the Secretary of Veterans 
Affairs to set aside at least $20 million for suicide outreach 
prevention via direct advertising and the use of online social 
media. (10 minutes)
    2. Buyer (IN): Would provide $10 million to fund additional 
professional level VA Vocational Rehabilitation and Employment 
counselors. (10 minutes)
    3. Buyer (IN): Would provide $162,734,000 of the amounts 
appropriated for Department of Veterans Affairs (VA) Minor 
Construction for renewable energy projects at VA medical 
facility campuses. (10 minutes)
    4. Buyer (IN): Would provide $10 million to fund the second 
year of the VA-US Paralympics Adaptive Sports Program for 
disabled veterans. (10 minutes)
    5. Cuellar (TX): Would prohibit first class travel under 
this Act. (10 minutes)
    6. Flake, Jeff (AZ): Would prohibit funding for all of the 
member-requested earmarks for military construction projects. 
(10 minutes)
    7. Hill (IN): Would decrease the Veteran's Administration 
General Operating Expense account by $100,000, then increase it 
by $100,000, for the purpose of directing the VA to examine its 
practices in how it accounts for returned Post-9/11 GI Benefit 
payments from either a veteran or an institute of higher 
learning, and for the purpose of directing the VA to issue a 
report to Congress no later than Jan. 1, 2011, on any changes 
made or planned to be made to increase efficiency and 
timeliness of accounting for returned payments. (10 minutes)
    8. Gingrey (GA): Would prohibit funds under the Act from 
being used to exercise the power of eminent domain without 
payment of just compensation. (10 minutes)
    9. Gingrey (GA): Would prohibit any funds appropriated or 
otherwise made available to the Department of Defense under 
this Act to be used to renovate or construct any facility 
within the Continental United States for the purpose of housing 
any individual who has been detained, at any time after 
September 11, 2001, at United States Naval Station, Guantanamo 
Bay, Cuba. (10 minutes)
    10. Halvorson (IL): Would subtract $10,000,000 from General 
Operating Expenses and will add $10,000,000 to Major 
Construction Projects. (10 minutes)
    11. Bilirakis (FL): Would require the Veterans 
Administration to acquire and construct up to four long-term 
care residential brain injury medical facilities. (10 minutes)
    12. Peters (MI): Would decrease the Veteran's 
Administration General Operating Expense account by $50,000, 
then increase it by $50,000, for the purpose of directing the 
VA to implement a program that would re-label prescription 
drugs used in VA hospitals to be sent home with discharged 
patients for outpatient use. Currently, veterans often have to 
go right to the pharmacy to refill what was discarded. (10 
minutes)
    13. Peters (MI): Would decrease the Veteran's 
Administration General Operating Expense account by $150,000, 
then increase it by $150,000, for the purpose of directing the 
VA to create a program to review all contracts after every 90 
day period of inactivity to determine if the funds obligated 
for the contract could be deobligated and returned to the 
account from which the funds were obligated to be put to better 
use. (10 minutes)
    14. Garrett (NJ), Adler (NJ), Lance (NJ): Would increase 
funding for the Grants for Construction of State Veterans 
Cemeteries account by $7,000,000 and decrease funding for the 
Grants for Construction, Minor Projects account by $7,000,000. 
(10 minutes)

                 TEXT OF AMENDMENTS TO BE MADE IN ORDER

1. An Amendment To Be Offered by Representative Holt, of New Jersey or 
                 His Designee, Debatable for 10 Minutes

    Page 33, line 15, after the dollar amount, insert 
``(reduced by $20,000,000) (increased by $20,000,000)''.
                              ----------                              

 2. An Amendment To Be Offered by Representative Buyer, of Indiana or 
                 His Designee, Debatable for 10 Minutes

  Page 34, line 7, before the period at the end insert the 
following: ``: Provided further, That of the funds made 
available under this heading, $10,000,000 shall be available to 
increase the number of Department of Veterans Affairs employees 
who administer benefits under chapter 31 of title 38, United 
States Code''.
                              ----------                              

 3. An Amendment To Be Offered by Representative Buyer, of Indiana or 
                 His Designee, Debatable for 10 Minutes

  Page 38, line 18, before the period insert the following: ``: 
Provided further, That of the funds made available under this 
heading, $162,734,000 shall be for renewable energy projects at 
Department of Veterans Affairs medical facility campuses 
pursuant to section 8103 of title 38, United States Code''.
                              ----------                              

 4. An Amendment To Be Offered by Representative Buyer, of Indiana or 
                 His Designee, Debatable for 10 Minutes

  Page 34, line 7, before the period at the end insert the 
following: ``: Provided further, That of the funds made 
available under this heading, $8,000,000 shall be available to 
fund the adaptive sports grant program under section 521A of 
title 38, United States Code, and $2,000,000 shall be available 
to carry out section 322 of title 38, United States Code''.
                              ----------                              

 5. An Amendment To Be Offered by Representative Cuellar, of Texas or 
                 His Designee, Debatable for 10 Minutes

  At the end of the bill (before the short title), add the 
following new section:

  Sec. 5__.  None of the funds appropriated or otherwise made 
available in this Act may be used by an agency of the executive 
branch to pay for first-class travel by an employee of the 
agency in contravention of sections 301-10.122 through 301-
10.124 of title 41, Code of Federal Regulations.
                              ----------                              

 6. An Amendment To Be Offered By Representative Flake, of Arizona or 
                 His Designee, Debatable for 10 Minutes

  At the end of the bill (before the short title), insert the 
following:

  Sec. __.  None of the funds provided in this Act shall be 
available from the following Department of Defense military 
construction accounts for the following projects:

----------------------------------------------------------------------------------------------------------------
                Account                           Location                   Project                 Amount
----------------------------------------------------------------------------------------------------------------
Army...................................  Alabama: Fort Rucker.....  Emergency Medical                 $1,700,000
                                                                     Services Facility.
Air Force..............................  Alabama: Maxwell AFB.....  Air Traffic Control Tower           $810,000
Defense-Wide...........................  Arizona: Marana..........  SOF Parachute Training            $6,250,000
                                                                     Facility.
Army NG................................  Arkansas: Camp Robinson..  Regional Training                 $2,334,000
                                                                     Institute, Ph 2.
Navy...................................  California: Coronado NAB.  MESG-1 Consolidated Boat          $6,890,000
                                                                     Maintenance Facility.
Air Force..............................  California: Los Angeles    Parking Structure, Ph 2..         $4,500,000
                                          AFB.
Air NG.................................  California: Moffett Field  Relocate Main Gate.......         $2,000,000
Navy...................................  California: Monterey NSA.  International Academic           $11,960,000
                                                                     Instruction Building.
Army NG................................  California: Sacramento...  Field Maintenance Shop              $891,000
                                                                     Paving.
Air Force..............................  California: Travis AFB...  BCE Maintenance Shops and           $387,000
                                                                     Supply Warehouse.
Army NG................................  California: Ventura......  Renewable Photovoltaic            $1,466,000
                                                                     Solar Power.
Air NG.................................  Colorado: Buckley AFB....  Repair Taxiways Juliet            $4,000,000
                                                                     and Lima.
Army NG................................  Colorado: Watkins........  Parachute Maintenance             $3,569,000
                                                                     Facility.
Navy...................................  Connecticut: New London    Submarine Group Two                 $550,000
                                          NSB.                       Headquarters.
Air Force..............................  Florida: MacDill AFB.....  Infrastructure                      $249,000
                                                                     Improvements.
Navy...................................  Florida: Panama City NSA.  Land Acquisition-9 Acres.         $5,960,000
Navy...................................  Georgia: Albany MCLB.....  Maintenance Center Test           $5,180,000
                                                                     Firing Range.
Air Force..............................  Georgia: Robins AFB......  Combat Communications             $5,500,000
                                                                     Squadron Warehouse.
Army NG................................  Illinois: Marseilles       Simulation Center........         $2,500,000
                                          Training Area.
Air Force..............................  Illinois: Scott AFB......  New Fitness Facility, Ph            $396,000
                                                                     1.
Navy...................................  Indiana: Crane NSWC......  Platform Protection                 $760,000
                                                                     Engineering Complex.
Army NG................................  Iowa: Camp Dodge.........  Regional Training                   $800,000
                                                                     Institute, Ph 1.
Air NG.................................  Iowa: Des Moines.........  Corrosion Control Hangar.         $4,750,000
Army NG................................  Iowa: Iowa City..........  Simulation Center/MVSB/           $1,999,000
                                                                     Helipad/Parking.
Army NG................................  Kentucky: Frankfort......  Joint Forces                        $281,000
                                                                     Headquarters, Ph 1.
Air NG.................................  Kentucky: Standiford       Contingency Response                $534,000
                                          Field.                     Group Facility.
Air NG.................................  Louisiana: New Orleans     ASA Replace Alert Complex         $2,000,000
                                          NAS/JRB.
Navy...................................  Maine: Portsmouth NSY....  Consolidation of                 $11,910,000
                                                                     Structural Shops, Ph 1.
Army NG................................  Maryland: Easton.........  Readiness Center Add/Alt.           $347,000
Army...................................  Maryland: Fort Meade.....  Infrastructure-Mapes Road         $1,750,000
                                                                     & Cooper Avenue.
Navy...................................  Maryland: Patuxent River   Atlantic Test Range              $10,160,000
                                          NAS.                       Addition.
Air NG.................................  Massachusetts: Barnes      Add to Aircraft                   $6,000,000
                                          ANGB.                      Maintenance Hangar.
Army NG................................  Michigan: Fort Custer      Troop Service Support               $446,000
                                          (Augusta).                 Center.
Air NG.................................  Minnesota: Duluth........  Load Crew Training &              $8,000,000
                                                                     Weapons Release Shops.
Army NG................................  Minnesota: Mankato.......  Field Maintenance Shop...           $947,000
Defense-Wide...........................  Mississippi: Stennis       SOF Land Acquisition, Ph          $8,000,000
                                          Space Center.              3.
Air Force..............................  Missouri: Whiteman AFB...  Consolidated Air                 $23,500,000
                                                                     Operations Facility.
Army NG................................  Nevada: Las Vegas........  Civil Support Team Ready          $8,771,000
                                                                     Building.
Air NG.................................  New Jersey: Atlantic City  Fuel Cell and Corrosion           $8,500,000
                                          IAP.                       Control Hangar.
Army Reserve...........................  New Jersey: Fort Dix.....  Automated Multipurpose            $9,800,000
                                                                     Machine Gun Range.
Air Force..............................  New Mexico: Holloman AFB.  Parallel Taxiway, Runway          $8,000,000
                                                                     07/25.
Air Force..............................  New Mexico: Kirtland AFB.  Replace Fire Station 3...         $6,800,000
Army...................................  New York: Fort Drum......  Alert Holding Area                $6,700,000
                                                                     Facility.
Air Reserve............................  New York: Niagara Falls    C-130 Flightline                  $9,500,000
                                          ARS.                       Operations Facility, Ph
                                                                     1.
Army NG................................  New York: Ronkonkoma       Flightline Rehabilitation         $2,780,000
                                          (MacArthur Airport).
Air NG.................................  New York: Stewart ANGB...  Aircraft Conversion               $3,750,000
                                                                     Facility.
Army NG................................  North Carolina: Camp       Barracks (AT), Ph 1......         $1,484,000
                                          Butner.
Army NG................................  North Carolina:            AASF 1 Fixed Wing Hangar          $8,815,000
                                          Morrisville.               Annex.
Army NG................................  North Carolina: Murphy...  Fire Fighting Team                  $223,000
                                                                     Support Facility.
Air Force..............................  North Carolina: Pope AFB.  Crash/Fire/ Rescue               $13,500,000
                                                                     Station.
Air Force..............................  North Dakota: Grand Forks  Central Deployment Center           $495,000
                                          AFB.
Army NG................................  Ohio: Camp Sherman.......  Maintenance Building Add/         $3,100,000
                                                                     Alt.
Army NG................................  Ohio: Ravenna Training     Unit Training Equipment           $2,000,000
                                          Site.                      Site Add/Alt.
Air NG.................................  Ohio: Toledo Express       Replace Security Forces           $7,300,000
                                          Airport.                   Complex.
Defense-Wide...........................  Oklahoma: Tulsa IAP......  Fuels Storage Complex....         $1,036,000
Army NG................................  Oregon: Salem............  Armed Forces Reserve              $1,243,000
                                                                     Center Add/Alt (JFHQ).
Air NG.................................  Pennsylvania: Fort         Multipurpose Air National           $675,000
                                          Indiantown Gap.            Guard Training Facility.
Army NG................................  Pennsylvania: Hermitage..  Readiness Center.........           $671,000
Army NG................................  Pennsylvania: Tobyhanna..  Armed Forces Reserve              $1,513,000
                                                                     Center.
Army NG................................  Pennsylvania:              Field Maintenance Shop...         $1,508,000
                                          Williamsport.
Army NG................................  Rhode Island: Middletown.  Readiness Center Add/Alt.         $3,646,000
Army NG................................  Rhode Island: Quonset      Readiness Center.........         $3,729,000
                                          Point.
Air NG.................................  South Carolina: McEntire   Replace Operations and            $9,100,000
                                          JRB.                       Training Facility.
Air NG.................................  South Dakota: Joe Foss     Aircraft Maintenance              $3,600,000
                                          Field.                     Shops.
Air Force..............................  Tennessee: Arnold AFB....  AEDC Power Distribution             $378,000
                                                                     Modernization.
Army...................................  Texas: Corpus Christi      Rotor Blade Processing           $13,400,000
                                          Depot.                     Facility, Ph 2.
Army...................................  Texas: Fort Bliss........  Alternative Energy                $1,166,000
                                                                     Projects.
Army...................................  Texas: Fort Bliss........  Rail Yard Improvements...         $2,070,000
Army...................................  Texas: Fort Hood.........  Soldier Readiness                 $1,000,000
                                                                     Processing Center.
Navy...................................  Texas: Kingsville NAS....  Youth Center.............         $2,610,000
Air Force..............................  Texas: Lackland AFB......  Consolidated Security               $900,000
                                                                     Forces Ops Center, Ph 1.
Air Force..............................  Texas: Laughlin AFB......  Community Event Complex..        $10,500,000
Army NG................................  Texas: Laredo............  Receiving, Staging, &               $475,000
                                                                     Onward Integration
                                                                     Facility/Hangar.
Army NG................................  Texas: McLennan County...  Operational Reserve               $5,000,000
                                                                     Headquarters.
Army NG................................  Texas: South Texas         Cantonment and Support            $5,000,000
                                          Training Center.           Infrastructure.
Army...................................  Virginia: Fort Belvoir...  Growth Support                    $3,060,000
                                                                     Infrastructure.
Air Force..............................  Virginia: Langley AFB....  Clear Zone Land                   $3,000,000
                                                                     Acquisition, Ph 1.
Defense-Wide...........................  Washington: Fort Lewis...  SOF Military Working Dog          $4,700,000
                                                                     Kennel.
Navy...................................  Washington: Kitsap NB....  Charleston Gate ECP               $6,150,000
                                                                     Improvements.
Army NG................................  West Virginia: Bridgeport  FWAATS Apron Expansion...         $2,000,000
Army NG................................  West Virginia: Bridgeport  FWAATS Expansion.........         $2,000,000
Army NG................................  West Virginia: Glen Jean.  Emergency Power Generator         $1,500,000
Army NG................................  Wisconsin: Wausau........  Field Maintenance Shop...        $12,008,000
Army NG................................  Guam: Barrigada..........  Joint Forces HQ Readiness           $778,000
                                                                     Center Add/Alt.
----------------------------------------------------------------------------------------------------------------

7. An Amendment To Be Offered By Representative Hill, of Indiana or His 
                   Designee, Debatable for 10 Minutes

  Page 33, line 15, after the dollar amount, insert ``(reduced 
by $100,000) (increased by $100,000)''.
                              ----------                              

   8. An Amendment To Be Offered By Representative Phil Gingrey, of 
           Georgia or His Designee, Debatable for 10 Minutes

    At the end of the bill (before the short title), add the 
following new section:

    Sec. 5__.  None of the funds appropriated or otherwise made 
available in this Act may be used by an agency of the executive 
branch to exercise the power of eminent domain (to take private 
property for public use) without the payment of just 
compensation.
                              ----------                              

   9. An Amendment To Be Offered By Representative Phil Gingrey, of 
           Georgia or His Designee, Debatable for 10 Minutes

    At the end of the bill (before the short title) insert the 
following:

    Sec. __.  None of the funds appropriated or otherwise made 
available to the Department of Defense in this Act may be used 
to renovate or construct any facility in the continental United 
States for the purpose of housing any individual who has been 
detained, at any time after September 11, 2001, at United 
States Naval Station, Guantanamo Bay, Cuba.
                              ----------                              

10. An Amendment To Be Offered By Representative Halvorson, of Illinois 
               or Her Designee, Debatable for 10 Minutes

    Page 33, line 15, after the dollar amount, insert 
``(reduced by $10,000,000)''.
    Page 36, line 11, after the dollar amount, insert 
``(increased by $10,000,000)''.
                              ----------                              

11. An Amendment To Be Offered by Representative Bilirakis, of Florida 
               or His Designee, Debatable for 10 Minutes

  Page 38, line 18, before the period insert the following: ``: 
Provided further, That of the funds made available under this 
heading, $9,500,000 shall be for the acquisition, construction, 
and alteration of up to four post-acute long-term care 
residential brain injury medical facilities pursuant to section 
8103 of title 38, United States Code''.
                              ----------                              

12. An Amendment To Be Offered by Representative Peters, of Michigan or 
                 His Designee, Debatable for 10 Minutes

  Page 33, line 15, after the dollar amount, insert the 
following: ``(reduced by $50,000) (increased by $50,000)''.
                              ----------                              

13. An Amendment To Be Offered by Representative Peters, of Michigan or 
                 His Designee, Debatable for 10 Minutes

                              ----------                              

  Page 33, line 15, after the dollar amount, insert ``(reduced 
by $150,000) (increased by $150,000)''.
                              ----------                              

14. An Amendment To Be Offered by Representative Scott Garrett, of New 
            Jersey or His Designee, Debatable for 10 Minutes

  Page 38, line 7, after the dollar amount, insert the 
following: ``(decreased by $7,000,000)''.
  Page 39, line 8, after the dollar amount, insert the 
following: ``(increased by $7,000,000)''.

                                  
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