IIB 

Calendar No. 91 

112TH CONGRESS 

1ST SESSION H. R. 2055 

[Report No. 112–29] 

IN THE SENATE OF THE UNITED STATES 

JUNE 15, 2011 

Received; read twice and referred to the Committee on Appropriations 

JUNE 30, 2011 

Reported by Mr. JOHNSON of South Dakota, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

AN ACT 

Making appropriations for military construction, the Department of Veterans Affairs, and related agencies for the 

fiscal year ending September 30, 2012, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for 

5 military construction, the Department of Veterans Affairs, 

6 and related agencies for the fiscal year ending September 

7 30, 2012, and for other purposes, namely: 
2 

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1 TITLE I 

2 DEPARTMENT OF DEFENSE 

3 MILITARY CONSTRUCTION, ARMY

4 (INCLUDING RESCISSION OF FUNDS)

5 For acquisition, construction, installation, and equip6 ment of temporary or permanent public works, military 

7 installations, facilities, and real property for the Army as 

8 currently authorized by law, including personnel in the 

9 Army Corps of Engineers and other personal services nec10 essary for the purposes of this appropriation, and for con11 struction and operation of facilities in support of the func12 tions of the Commander in Chief, $3,141,491,000, to re13 main available until September 30, 2016: Provided, That 

14 of this amount, not to exceed $255,241,000 shall be avail15 able for study, planning, design, architect and engineer 

16 services, and host nation support, as authorized by law, 

17 unless the Secretary of Army determines that additional 

18 obligations are necessary for such purposes and notifies 

19 the Committees on Appropriations of both Houses of Con20 gress of the determination and the reasons therefor: Pro21 vided further, That of the unobligated balances available 

22 for ‘‘Military Construction, Army’’ from prior appropria23 tions Acts (other than appropriations designated by law 

24 as being for contingency operations directly related to the 
3 

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1 global war on terrorism or as an emergency requirement), 

2 $100,000,000 are hereby rescinded. 

3 MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

4 (INCLUDING RESCISSION OF FUNDS)

5 For acquisition, construction, installation, and equip6 ment of temporary or permanent public works, naval in7 stallations, facilities, and real property for the Navy and 

8 Marine Corps as currently authorized by law, including 

9 personnel in the Naval Facilities Engineering Command 

10 and other personal services necessary for the purposes of 

11 this appropriation, $2,461,547,000, to remain available 

12 until September 30, 2016: Provided, That of this amount, 

13 not to exceed $84,362,000 shall be available for study, 

14 planning, design, and architect and engineer services, as 

15 authorized by law, unless the Secretary of the Navy deter16 mines that additional obligations are necessary for such 

17 purposes and notifies the Committees on Appropriations 

18 of both Houses of Congress of the determination and the 

19 reasons therefor: Provided further, That of the unobligated 

20 balances available for ‘‘Military Construction, Navy and 

21 Marine Corps’’ from prior appropriations Acts (other than 

22 appropriations designated by law as being for contingency 

23 operations directly related to the global war on terrorism 

24 or as an emergency requirement), $25,000,000 are hereby 

25 rescinded. 
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1 MILITARY CONSTRUCTION, AIR FORCE

2 (INCLUDING RESCISSION OF FUNDS)

3 For acquisition, construction, installation, and equip4 ment of temporary or permanent public works, military 

5 installations, facilities, and real property for the Air Force 

6 as currently authorized by law, $1,279,358,000, to remain 

7 available until September 30, 2016: Provided, That of this 

8 amount, not to exceed $81,913,000 shall be available for 

9 study, planning, design, and architect and engineer serv10 ices, as authorized by law, unless the Secretary of the Air 

11 Force determines that additional obligations are necessary 

12 for such purposes and notifies the Committees on Appro13 priations of both Houses of Congress of the determination 

14 and the reasons therefor: Provided further, That of the un15 obligated balances available for ‘‘Military Construction, 

16 Air Force’’ from prior appropriations Acts (other than ap17 propriations designated by law as being for contingency 

18 operations directly related to the global war on terrorism 

19 or as an emergency requirement), $32,000,000 are hereby 

20 rescinded. 

21 MILITARY CONSTRUCTION, DEFENSE-WIDE

22 (INCLUDING TRANSFER AND RESCISSION OF FUNDS)

23 For acquisition, construction, installation, and equip24 ment of temporary or permanent public works, installa25 tions, facilities, and real property for activities and agen-
5 

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1 cies of the Department of Defense (other than the military 

2 departments), as currently authorized by law, 

3 $3,665,157,000, to remain available until September 30, 

4 2016: Provided, That such amounts of this appropriation 

5 as may be determined by the Secretary of Defense may 

6 be transferred to such appropriations of the Department 

7 of Defense available for military construction or family 

8 housing as the Secretary may designate, to be merged with 

9 and to be available for the same purposes, and for the 

10 same time period, as the appropriation or fund to which 

11 transferred: Provided further, That of the amount appro12 priated, not to exceed $454,602,000 shall be available for 

13 study, planning, design, and architect and engineer serv14 ices, as authorized by law, unless the Secretary of Defense 

15 determines that additional obligations are necessary for 

16 such purposes and notifies the Committees on Appropria17 tions of both Houses of Congress of the determination and 

18 the reasons therefor: Provided further, That of the amount 

19 appropriated, notwithstanding any other provision of law, 

20 $24,118,000 shall be available for payments to the North 

21 Atlantic Treaty Organization for the planning, design, and 

22 construction of a new North Atlantic Treaty Organization 

23 headquarters: Provided further, That of the unobligated 

24 balances available for ‘‘Military Construction, Defense25 Wide’’ in prior appropriations Acts (other than appropria-
6 

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1 tions designated by law as being for contingency oper2 ations directly related to the global war on terrorism or 

3 as an emergency requirement), $131,400,000 are hereby 

4 rescinded. 

5 MILITARY CONSTRUCTION, ARMY NATIONAL GUARD

6 For construction, acquisition, expansion, rehabilita7 tion, and conversion of facilities for the training and ad8 ministration of the Army National Guard, and contribu9 tions therefore, as authorized by chapter 1803 of title 10, 

10 United States Code, and Military Construction Authoriza11 tion Acts, $773,592,000 (increased by $25,000,000), to 

12 remain available until September 30, 2016: Provided, 

13 That of the amount appropriated, not to exceed 

14 $20,671,000 shall be available for study, planning, design, 

15 and architect and engineer services, as authorized by law, 

16 unless the Secretary of Defense determines that additional 

17 obligations are necessary for such purposes and notifies 

18 the Committees on Appropriations of both Houses of Con19 gress of the determination and the reasons therefor. 

20 MILITARY CONSTRUCTION, AIR NATIONAL GUARD

21 For construction, acquisition, expansion, rehabilita22 tion, and conversion of facilities for the training and ad23 ministration of the Air National Guard, and contributions 

24 therefor, as authorized by chapter 1803 of title 10, United 

25 States Code, and Military Construction Authorization 
7 

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1 Acts, $116,246,000, to remain available until September 

2 30, 2016: Provided, That of the amount appropriated, not 

3 to exceed $9,000,000 shall be available for study, plan4 ning, design, and architect and engineer services, as au5 thorized by law, unless the Secretary of Defense deter6 mines that additional obligations are necessary for such 

7 purposes and notifies the Committees on Appropriations 

8 of both Houses of Congress of the determination and the 

9 reasons therefor. 

10 MILITARY CONSTRUCTION, ARMY RESERVE

11 For construction, acquisition, expansion, rehabilita12 tion, and conversion of facilities for the training and ad13 ministration of the Army Reserve as authorized by chapter 

14 1803 of title 10, United States Code, and Military Con15 struction Authorization Acts, $280,549,000, to remain 

16 available until September 30, 2016: Provided, That of the 

17 amount appropriated, not to exceed $28,924,000 shall be 

18 available for study, planning, design, and architect and en19 gineer services, as authorized by law, unless the Secretary 

20 of Defense determines that additional obligations are nec21 essary for such purposes and notifies the Committees on 

22 Appropriations of both Houses of Congress of the deter23 mination and the reasons therefor. 
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1 MILITARY CONSTRUCTION, NAVY RESERVE

2 For construction, acquisition, expansion, rehabilita3 tion, and conversion of facilities for the training and ad4 ministration of the reserve components of the Navy and 

5 Marine Corps as authorized by chapter 1803 of title 10, 

6 United States Code, and Military Construction Authoriza7 tion Acts, $26,299,000, to remain available until Sep8 tember 30, 2016: Provided, That of the amount appro9 priated, not to exceed $2,591,000 shall be available for 

10 study, planning, design, and architect and engineer serv11 ices, as authorized by law, unless the Secretary of Defense 

12 determines that additional obligations are necessary for 

13 such purposes and notifies the Committees on Appropria14 tions of both Houses of Congress of the determination and 

15 the reasons therefor. 

16 MILITARY CONSTRUCTION, AIR FORCE RESERVE

17 For construction, acquisition, expansion, rehabilita18 tion, and conversion of facilities for the training and ad19 ministration of the reserve components of the Air Force 

20 Reserve as authorized by chapter 1803 of title 10, United 

21 States Code, and Military Construction Authorization 

22 Acts, $33,620,000, to remain available until September 

23 30, 2016: Provided, That of the amount appropriated, not 

24 to exceed $2,200,000 shall be available for study, plan25 ning, design, and architect and engineer services, as au-
9 

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1 thorized by law, unless the Secretary of Defense deter2 mines that additional obligations are necessary for such 

3 purposes and notifies the Committees on Appropriations 

4 of both Houses of Congress of the determination and the 

5 reasons therefor. 

6 NORTH ATLANTIC TREATY ORGANIZATION

7 SECURITY INVESTMENT PROGRAM

8 For the United States share of the cost of the North 

9 Atlantic Treaty Organization Security Investment Pro10 gram for the acquisition and construction of military fa11 cilities and installations (including international military 

12 headquarters) and for related expenses for the collective 

13 defense of the North Atlantic Treaty Area as authorized 

14 by section 2806 of title 10, United States Code, and Mili15 tary Construction Authorization Acts, $272,611,000 (re16 duced by $25,000,000), to remain available until ex17 pended. 

18 FAMILY HOUSING CONSTRUCTION, ARMY

19 For expenses of family housing for the Army for con20 struction, including acquisition, replacement, addition, ex21 pansion, extension, and alteration, as authorized by law, 

22 $186,897,000, to remain available until September 30, 

23 2016. 
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1 FAMILY HOUSING OPERATION AND MAINTENANCE, 

2 ARMY

3 For expenses of family housing for the Army for op4 eration and maintenance, including debt payment, leasing, 

5 minor construction, principal and interest charges, and in6 surance premiums, as authorized by law, $494,858,000. 

7 FAMILY HOUSING CONSTRUCTION, NAVY AND MARINE

8 CORPS

9 For expenses of family housing for the Navy and Ma10 rine Corps for construction, including acquisition, replace11 ment, addition, expansion, extension, and alteration, as 

12 authorized by law, $100,972,000, to remain available until 

13 September 30, 2016. 

14 FAMILY HOUSING OPERATION AND MAINTENANCE, 

15 NAVY AND MARINE CORPS

16 For expenses of family housing for the Navy and Ma17 rine Corps for operation and maintenance, including debt 

18 payment, leasing, minor construction, principal and inter19 est charges, and insurance premiums, as authorized by 

20 law, $367,863,000. 

21 FAMILY HOUSING CONSTRUCTION, AIR FORCE

22 For expenses of family housing for the Air Force for 

23 construction, including acquisition, replacement, addition, 

24 expansion, extension, and alteration, as authorized by law, 
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1 $84,804,000, to remain available until September 30, 

2 2016. 

3 FAMILY HOUSING OPERATION AND MAINTENANCE, AIR

4 FORCE

5 For expenses of family housing for the Air Force for 

6 operation and maintenance, including debt payment, leas7 ing, minor construction, principal and interest charges, 

8 and insurance premiums, as authorized by law, 

9 $404,761,000. 

10 FAMILY HOUSING OPERATION AND MAINTENANCE, 

11 DEFENSE-WIDE

12 For expenses of family housing for the activities and 

13 agencies of the Department of Defense (other than the 

14 military departments) for operation and maintenance, 

15 leasing, and minor construction, as authorized by law, 

16 $50,723,000. 

17 DEPARTMENT OF DEFENSE FAMILY HOUSING

18 IMPROVEMENT FUND

19 For the Department of Defense Family Housing Im20 provement Fund, $2,184,000, to remain available until ex21 pended, for family housing initiatives undertaken pursu22 ant to section 2883 of title 10, United States Code, pro23 viding alternative means of acquiring and improving mili24 tary family housing and supporting facilities. 
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1 HOMEOWNERS ASSISTANCE FUND

2 For the Homeowners Assistance Fund established by 

3 section 1013 of the Demonstration Cities and Metropoli4 tan Development Act of 1966, (42 U.S.C. 3374), as 

5 amended, $1,284,000, to remain available until expended. 

6 CHEMICAL DEMILITARIZATION CONSTRUCTION, 

7 DEFENSE-WIDE

8 For expenses of construction, not otherwise provided 

9 for, necessary for the destruction of the United States 

10 stockpile of lethal chemical agents and munitions in ac11 cordance with section 1412 of the Department of Defense 

12 Authorization Act, 1986 (50 U.S.C. 1521), and for the 

13 destruction of other chemical warfare materials that are 

14 not in the chemical weapon stockpile, as currently author15 ized by law, $75,312,000, to remain available until Sep16 tember 30, 2016, which shall be only for the Assembled 

17 Chemical Weapons Alternatives Program. 

18 DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT

19 1990 

20 For deposit into the Department of Defense Base 

21 Closure Account 1990, established by section 2906(a)(1) 

22 of the Defense Base Closure and Realignment Act of 1990 

23 (10 U.S.C. 2687 note), $373,543,000, to remain available 

24 until expended. 
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1 DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT

2 2005 

3 (INCLUDING RESCISSION OF FUNDS)

4 For deposit into the Department of Defense Base 

5 Closure Account 2005, established by section 2906A(a)(1) 

6 of the Defense Base Closure and Realignment Act of 1990 

7 (10 U.S.C. 2687 note), $258,776,000, to remain available 

8 until expended: Provided, That the Department of Defense 

9 shall notify the Committees on Appropriations of both 

10 Houses of Congress 14 days prior to obligating an amount 

11 for a construction project that exceeds or reduces the 

12 amount identified for that project in the most recently 

13 submitted budget request for this account by 20 percent 

14 or $2,000,000, whichever is less: Provided further, That 

15 the previous proviso shall not apply to projects costing less 

16 than $5,000,000, except for those projects not previously 

17 identified in any budget submission for this account and 

18 exceeding the minor construction threshold under section 

19 2805 of title 10, United States Code: Provided further, 

20 That of the unobligated balances available under this 

21 heading from prior appropriation Acts (other than appro22 priations designated by law as being for contingency oper23 ations directly related to the global war on terrorism or 

24 as an emergency requirement), $50,000,000 are hereby re-
14 

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1 scinded, which represent savings resulting from favorable 

2 bids. 

3 ADMINISTRATIVE PROVISIONS

4 SEC. 101. None of the funds made available in this 

5 title shall be expended for payments under a cost-plus-a6 fixed-fee contract for construction, where cost estimates 

7 exceed $25,000, to be performed within the United States, 

8 except Alaska, without the specific approval in writing of 

9 the Secretary of Defense setting forth the reasons there10 for. 

11 SEC. 102. Funds made available in this title for con12 struction shall be available for hire of passenger motor ve13 hicles. 

14 SEC. 103. Funds made available in this title for con15 struction may be used for advances to the Federal High16 way Administration, Department of Transportation, for 

17 the construction of access roads as authorized by section 

18 210 of title 23, United States Code, when projects author19 ized therein are certified as important to the national de20 fense by the Secretary of Defense. 

21 SEC. 104. None of the funds made available in this 

22 title may be used to begin construction of new bases in 

23 the United States for which specific appropriations have 

24 not been made. 
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1 SEC. 105. None of the funds made available in this 

2 title shall be used for purchase of land or land easements 

3 in excess of 100 percent of the value as determined by 

4 the Army Corps of Engineers or the Naval Facilities Engi5 neering Command, except: (1) where there is a determina6 tion of value by a Federal court; (2) purchases negotiated 

7 by the Attorney General or the designee of the Attorney 

8 General; (3) where the estimated value is less than 

9 $25,000; or (4) as otherwise determined by the Secretary 

10 of Defense to be in the public interest. 

11 SEC. 106. None of the funds made available in this 

12 title shall be used to: (1) acquire land; (2) provide for site 

13 preparation; or (3) install utilities for any family housing, 

14 except housing for which funds have been made available 

15 in annual Acts making appropriations for military con16 struction. 

17 SEC. 107. None of the funds made available in this 

18 title for minor construction may be used to transfer or 

19 relocate any activity from one base or installation to an20 other, without prior notification to the Committees on Ap21 propriations of both Houses of Congress. 

22 SEC. 108. None of the funds made available in this 

23 title may be used for the procurement of steel for any con24 struction project or activity for which American steel pro-
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1 ducers, fabricators, and manufacturers have been denied 

2 the opportunity to compete for such steel procurement. 

3 SEC. 109. None of the funds available to the Depart4 ment of Defense for military construction or family hous5 ing during the current fiscal year may be used to pay real 

6 property taxes in any foreign nation. 

7 SEC. 110. None of the funds made available in this 

8 title may be used to initiate a new installation overseas 

9 without prior notification to the Committees on Appro10 priations of both Houses of Congress. 

11 SEC. 111. None of the funds made available in this 

12 title may be obligated for architect and engineer contracts 

13 estimated by the Government to exceed $500,000 for 

14 projects to be accomplished in Japan, in any North Atlan15 tic Treaty Organization member country, or in countries 

16 within the United States Central Command Area of Re17 sponsibility, unless such contracts are awarded to United 

18 States firms or United States firms in joint venture with 

19 host nation firms. 

20 SEC. 112. None of the funds made available in this 

21 title for military construction in the United States terri22 tories and possessions in the Pacific and on Kwajalein 

23 Atoll, or in countries within the United States Central 

24 Command Area of Responsibility, may be used to award 

25 any contract estimated by the Government to exceed 
17 

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1 $1,000,000 to a foreign contractor: Provided, That this 

2 section shall not be applicable to contract awards for 

3 which the lowest responsive and responsible bid of a 

4 United States contractor exceeds the lowest responsive 

5 and responsible bid of a foreign contractor by greater than 

6 20 percent: Provided further, That this section shall not 

7 apply to contract awards for military construction on 

8 Kwajalein Atoll for which the lowest responsive and re9 sponsible bid is submitted by a Marshallese contractor. 

10 SEC. 113. The Secretary of Defense shall inform the 

11 appropriate committees of both Houses of Congress, in12 cluding the Committees on Appropriations, of plans and 

13 scope of any proposed military exercise involving United 

14 States personnel 30 days prior to its occurring, if amounts 

15 expended for construction, either temporary or permanent, 

16 are anticipated to exceed $100,000. 

17 SEC. 114. Not more than 20 percent of the funds 

18 made available in this title which are limited for obligation 

19 during the current fiscal year shall be obligated during 

20 the last 2 months of the fiscal year. 

21 SEC. 115. Funds appropriated to the Department of 

22 Defense for construction in prior years shall be available 

23 for construction authorized for each such military depart24 ment by the authorizations enacted into law during the 

25 current session of Congress. 
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1 SEC. 116. For military construction or family housing 

2 projects that are being completed with funds otherwise ex3 pired or lapsed for obligation, expired or lapsed funds may 

4 be used to pay the cost of associated supervision, inspec5 tion, overhead, engineering and design on those projects 

6 and on subsequent claims, if any. 

7 SEC. 117. Notwithstanding any other provision of 

8 law, any funds made available to a military department 

9 or defense agency for the construction of military projects 

10 may be obligated for a military construction project or 

11 contract, or for any portion of such a project or contract, 

12 at any time before the end of the fourth fiscal year after 

13 the fiscal year for which funds for such project were made 

14 available, if the funds obligated for such project: (1) are 

15 obligated from funds available for military construction 

16 projects; and (2) do not exceed the amount appropriated 

17 for such project, plus any amount by which the cost of 

18 such project is increased pursuant to law. 

19 (INCLUDING TRANSFER OF FUNDS)

20 SEC. 118. In addition to any other transfer authority 

21 available to the Department of Defense, proceeds depos22 ited to the Department of Defense Base Closure Account 

23 established by section 207(a)(1) of the Defense Authoriza24 tion Amendments and Base Closure and Realignment Act 

25 (10 U.S.C. 2687 note) pursuant to section 207(a)(2)(C) 
19 

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1 of such Act, may be transferred to the account established 

2 by section 2906(a)(1) of the Defense Base Closure and 

3 Realignment Act of 1990 (10 U.S.C. 2687 note), to be 

4 merged with, and to be available for the same purposes 

5 and the same time period as that account. 

6 (INCLUDING TRANSFER OF FUNDS)

7 SEC. 119. Subject to 30 days prior notification, or 

8 14 days for a notification provided in an electronic me9 dium pursuant to sections 480 and 2883 of title 10, 

10 United States Code, to the Committees on Appropriations 

11 of both Houses of Congress, such additional amounts as 

12 may be determined by the Secretary of Defense may be 

13 transferred to: (1) the Department of Defense Family 

14 Housing Improvement Fund from amounts appropriated 

15 for construction in ‘‘Family Housing’’ accounts, to be 

16 merged with and to be available for the same purposes 

17 and for the same period of time as amounts appropriated 

18 directly to the Fund; or (2) the Department of Defense 

19 Military Unaccompanied Housing Improvement Fund 

20 from amounts appropriated for construction of military 

21 unaccompanied housing in ‘‘Military Construction’’ ac22 counts, to be merged with and to be available for the same 

23 purposes and for the same period of time as amounts ap24 propriated directly to the Fund: Provided, That appropria25 tions made available to the Funds shall be available to 
20 

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1 cover the costs, as defined in section 502(5) of the Con2 gressional Budget Act of 1974, of direct loans or loan 

3 guarantees issued by the Department of Defense pursuant 

4 to the provisions of subchapter IV of chapter 169 of title 

5 10, United States Code, pertaining to alternative means 

6 of acquiring and improving military family housing, mili7 tary unaccompanied housing, and supporting facilities. 

8 (INCLUDING TRANSFER OF FUNDS)

9 SEC. 120. In addition to any other transfer authority 

10 available to the Department of Defense, amounts may be 

11 transferred from the accounts established by sections 

12 2906(a)(1) and 2906A(a)(1) of the Defense Base Closure 

13 and Realignment Act of 1990 (10 U.S.C. 2687 note), to 

14 the fund established by subsection (d) of section 1013 of 

15 the Demonstration Cities and Metropolitan Development 

16 Act of 1966 (42 U.S.C. 3374) to pay for expenses associ17 ated with the Homeowners Assistance Program incurred 

18 under subsection (a)(1)(A) of such section 1013. Any 

19 amounts transferred shall be merged with and be available 

20 for the same purposes and for the same time period as 

21 the fund to which transferred. 

22 SEC. 121. Notwithstanding any other provision of 

23 law, funds made available in this title for operation and 

24 maintenance of family housing shall be the exclusive 

25 source of funds for repair and maintenance of all family 
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1 housing units, including general or flag officer quarters: 

2 Provided, That not more than $35,000 per unit may be 

3 spent annually for the maintenance and repair of any gen4 eral or flag officer quarters without 30 days prior notifica5 tion, or 14 days for a notification provided in an electronic 

6 medium pursuant to sections 480 and 2883 of title 10, 

7 United States Code, to the Committees on Appropriations 

8 of both Houses of Congress, except that an after-the-fact 

9 notification shall be submitted if the limitation is exceeded 

10 solely due to costs associated with environmental remedi11 ation that could not be reasonably anticipated at the time 

12 of the budget submission: Provided further, That the 

13 Under Secretary of Defense (Comptroller) is to report an14 nually to the Committees on Appropriations of both 

15 Houses of Congress all operation and maintenance ex16 penditures for each individual general or flag officer quar17 ters for the prior fiscal year. 

18 SEC. 122. Amounts contained in the Ford Island Im19 provement Account established by subsection (h) of sec20 tion 2814 of title 10, United States Code, are appro21 priated and shall be available until expended for the pur22 poses specified in subsection (i)(1) of such section or until 

23 transferred pursuant to subsection (i)(3) of such section. 

24 SEC. 123. None of the funds made available in this 

25 title, or in any Act making appropriations for military con-
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1 struction which remain available for obligation, may be ob2 ligated or expended to carry out a military construction, 

3 land acquisition, or family housing project at or for a mili4 tary installation approved for closure, or at a military in5 stallation for the purposes of supporting a function that 

6 has been approved for realignment to another installation, 

7 in 2005 under the Defense Base Closure and Realignment 

8 Act of 1990 (part A of title XXIX of Public Law 101– 

9 510: 10 U.S.C. 2687 note), unless such a project at a mili10 tary installation approved for realignment will support a 

11 continuing mission or function at that installation or a 

12 new mission or function that is planned for that installa13 tion, or unless the Secretary of Defense certifies that the 

14 cost to the United States of carrying out such project 

15 would be less than the cost to the United States of cancel16 ling such project, or if the project is at an active compo17 nent base that shall be established as an enclave or in the 

18 case of projects having multi-agency use, that another 

19 Government agency has indicated it will assume ownership 

20 of the completed project. The Secretary of Defense may 

21 not transfer funds made available as a result of this limi22 tation from any military construction project, land acquisi23 tion, or family housing project to another account or use 

24 such funds for another purpose or project without the 

25 prior approval of the Committees on Appropriations of 
23 

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1 both Houses of Congress. This section shall not apply to 

2 military construction projects, land acquisition, or family 

3 housing projects for which the project is vital to the na4 tional security or the protection of health, safety, or envi5 ronmental quality: Provided, That the Secretary of De6 fense shall notify the congressional defense committees 

7 within seven days of a decision to carry out such a military 

8 construction project. 

9 (INCLUDING TRANSFER OF FUNDS)

10 SEC. 124. During the 5-year period after appropria11 tions available in this Act to the Department of Defense 

12 for military construction and family housing operation and 

13 maintenance and construction have expired for obligation, 

14 upon a determination that such appropriations will not be 

15 necessary for the liquidation of obligations or for making 

16 authorized adjustments to such appropriations for obliga17 tions incurred during the period of availability of such ap18 propriations, unobligated balances of such appropriations 

19 may be transferred into the appropriation ‘‘Foreign Cur20 rency Fluctuations, Construction, Defense’’, to be merged 

21 with and to be available for the same time period and for 

22 the same purposes as the appropriation to which trans23 ferred. 

24 SEC. 125. Amounts appropriated or otherwise made 

25 available in an account funded under the headings in this 
24 

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1 title may be transferred among projects and activities 

2 within the account in accordance with the reprogramming 

3 guidelines for military construction and family housing 

4 construction contained in the report of the Committee on 

5 Appropriations of the House of Representatives to accom6 pany this bill and in the guidance for military construction 

7 reprogrammings and notifications contained in Depart8 ment of Defense Financial Management Regulation 

9 7000.14–R, Volume 3, Chapter 7, of February 2009, as 

10 in effect on the date of enactment of this Act. 

11 (RESCISSION OF FUNDS)

12 SEC. 126. Of the unobligated balances available for 

13 ‘‘Base Realignment and Closure Account, 1990’’ from 

14 prior appropriations Acts (other than appropriations des15 ignated by law as being for contingency operations directly 

16 related to the global war on terrorism or as an emergency 

17 requirement), $100,000,000 are hereby rescinded. 

18 SEC. 127. None of the funds made available by this 

19 Act may be used by the Secretary of Defense to take bene20 ficial occupancy of more than 1,000 parking spaces pro21 vided by the combination spaces provided by the BRAC 

22 133 project and the lease of spaces in the immediate vicin23 ity of the BRAC 133 project. 

24 SEC. 128. None of the funds made available by this 

25 Act may be used for any action that relates to or promotes 
25 

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1 the expansion of the boundaries or size of the Pinon Can2 yon Maneuver Site, Colorado. 

3 SEC. 129. None of the funds made available by this 

4 Act may be used by the Secretary of the Army to relocate 

5 a unit of the Army that would impact more than 200 per6 sonnel, calculated as the sum of impacted members of the 

7 regular or reserve components of the Army, civilian em8 ployees of the Department of the Army, and Army con9 tractor personnel, unless the Secretary certifies to the con10 gressional defense committees that the Secretary complied 

11 with Army Regulation 5–10 relating to the policy, proce12 dures, and responsibilities for Army stationing actions. 

13 TITLE II 

14 DEPARTMENT OF VETERANS AFFAIRS 

15 VETERANS BENEFITS ADMINISTRATION

16 COMPENSATION AND PENSIONS

17 (INCLUDING TRANSFER OF FUNDS)

18 For the payment of compensation benefits to or on 

19 behalf of veterans and a pilot program for disability ex20 aminations as authorized by section 107 and chapters 11, 

21 13, 18, 51, 53, 55, and 61 of title 38, United States Code; 

22 pension benefits to or on behalf of veterans as authorized 

23 by chapters 15, 51, 53, 55, and 61 of title 38, United 

24 States Code; and burial benefits, the Reinstated Entitle25 ment Program for Survivors, emergency and other offi-
26 

•HR 2055 RS

1 cers’ retirement pay, adjusted-service credits and certifi2 cates, payment of premiums due on commercial life insur3 ance policies guaranteed under the provisions of title IV 

4 of the Servicemembers Civil Relief Act (50 U.S.C. App. 

5 541 et seq.) and for other benefits as authorized by sec6 tions 107, 1312, 1977, and 2106, and chapters 23, 51, 

7 53, 55, and 61 of title 38, United States Code, 

8 $58,067,319,000, to remain available until expended: Pro9 vided, That not to exceed $32,187,000 of the amount ap10 propriated under this heading shall be reimbursed to 

11 ‘‘General operating expenses, Veterans Benefits Adminis12 tration’’, ‘‘Medical support and compliance’’, and ‘‘Infor13 mation technology systems’’ for necessary expenses in im14 plementing the provisions of chapters 51, 53, and 55 of 

15 title 38, United States Code, the funding source for which 

16 is specifically provided as the ‘‘Compensation and pen17 sions’’ appropriation: Provided further, That such sums as 

18 may be earned on an actual qualifying patient basis, shall 

19 be reimbursed to ‘‘Medical care collections fund’’ to aug20 ment the funding of individual medical facilities for nurs21 ing home care provided to pensioners as authorized. 

22 READJUSTMENT BENEFITS

23 For the payment of readjustment and rehabilitation 

24 benefits to or on behalf of veterans as authorized by chap25 ters 21, 30, 31, 33, 34, 35, 36, 39, 51, 53, 55, and 61 
27 

•HR 2055 RS

1 of title 38, United States Code, $11,011,086,000, to re2 main available until expended: Provided, That expenses for 

3 rehabilitation program services and assistance which the 

4 Secretary is authorized to provide under subsection (a) of 

5 section 3104 of title 38, United States Code, other than 

6 under paragraphs (1), (2), (5), and (11) of that sub7 section, shall be charged to this account. 

8 VETERANS INSURANCE AND INDEMNITIES

9 For military and naval insurance, national service life 

10 insurance, servicemen’s indemnities, service-disabled vet11 erans insurance, and veterans mortgage life insurance as 

12 authorized by chapters 19 and 21, title 38, United States 

13 Code, $100,252,000, to remain available until expended. 

14 VETERANS HOUSING BENEFIT PROGRAM FUND

15 For the cost of direct and guaranteed loans, such 

16 sums as may be necessary to carry out the program, as 

17 authorized by subchapters I through III of chapter 37 of 

18 title 38, United States Code: Provided, That such costs, 

19 including the cost of modifying such loans, shall be as de20 fined in section 502 of the Congressional Budget Act of 

21 1974: Provided further, That during fiscal year 2012, 

22 within the resources available, not to exceed $500,000 in 

23 gross obligations for direct loans are authorized for spe24 cially adapted housing loans. 
28 

•HR 2055 RS

1 In addition, for administrative expenses to carry out 

2 the direct and guaranteed loan programs, $154,698,000. 

3 VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT

4 For the cost of direct loans, $19,000, as authorized 

5 by chapter 31 of title 38, United States Code: Provided, 

6 That such costs, including the cost of modifying such 

7 loans, shall be as defined in section 502 of the Congres8 sional Budget Act of 1974: Provided further, That funds 

9 made available under this heading are available to sub10 sidize gross obligations for the principal amount of direct 

11 loans not to exceed $3,019,000. 

12 In addition, for administrative expenses necessary to 

13 carry out the direct loan program, $343,000, which may 

14 be paid to the appropriation for ‘‘General operating ex15 penses, Veterans Benefits Administration’’. 

16 NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM

17 ACCOUNT

18 For administrative expenses to carry out the direct 

19 loan program authorized by subchapter V of chapter 37 

20 of title 38, United States Code, $1,116,000. 

21 VETERANS HEALTH ADMINISTRATION

22 MEDICAL SERVICES

23 For necessary expenses for furnishing, as authorized 

24 by law, inpatient and outpatient care and treatment to 

25 beneficiaries of the Department of Veterans Affairs and 
29 

•HR 2055 RS

1 veterans described in section 1705(a) of title 38, United 

2 States Code, including care and treatment in facilities not 

3 under the jurisdiction of the Department, and including 

4 medical supplies and equipment, food services, and sala5 ries and expenses of health care employees hired under 

6 title 38, United States Code, aid to State homes as author7 ized by section 1741 of title 38, United States Code, as8 sistance and support services for caregivers as authorized 

9 by section 1720G of title 38, United States Code, and loan 

10 repayments authorized by section 604 of the Caregivers 

11 and Veterans Omnibus Health Services Act of 2010 (Pub12 lic Law 111–163; 124 Stat. 1174; 38 U.S.C. 7681 note) 

13 $41,354,000,000, plus reimbursements, shall become 

14 available on October 1, 2012, and shall remain available 

15 until September 30, 2013: Provided, That, of the amount 

16 made available under this heading $1,000,000,000 (re17 duced by $20,000,000) (increased by $20,000,000) shall 

18 remain available until September 30, 2014: Provided fur19 ther, That, notwithstanding any other provision of law, the 

20 Secretary of Veterans Affairs shall establish a priority for 

21 the provision of medical treatment for veterans who have 

22 service-connected disabilities, lower income, or have special 

23 needs: Provided further, That, notwithstanding any other 

24 provision of law, the Secretary of Veterans Affairs shall 

25 give priority funding for the provision of basic medical 
30 

•HR 2055 RS

1 benefits to veterans in enrollment priority groups 1 

2 through 6: Provided further, That, notwithstanding any 

3 other provision of law, the Secretary of Veterans Affairs 

4 may authorize the dispensing of prescription drugs from 

5 Veterans Health Administration facilities to enrolled vet6 erans with privately written prescriptions based on re7 quirements established by the Secretary: Provided further, 

8 That the implementation of the program described in the 

9 previous proviso shall incur no additional cost to the De10 partment of Veterans Affairs: Provided further, That of 

11 the funds provided in Public Law 112–10 for ‘‘Depart12 ment of Veterans Affairs, Medical services’’ for fiscal year 

13 2012, $664,000,000 shall be available only in the fourth 

14 quarter of the fiscal year upon approval of the Committees 

15 on Appropriations of both Houses of Congress of a request 

16 from the Secretary of Veterans Affairs to release such 

17 funding due to unanticipated needs related to economic 

18 conditions. 

19 MEDICAL SUPPORT AND COMPLIANCE

20 For necessary expenses in the administration of the 

21 medical, hospital, nursing home, domiciliary, construction, 

22 supply, and research activities, as authorized by law; ad23 ministrative expenses in support of capital policy activi24 ties; and administrative and legal expenses of the Depart25 ment for collecting and recovering amounts owed the De-
31 

•HR 2055 RS

1 partment as authorized under chapter 17 of title 38, 

2 United States Code, and the Federal Medical Care Recov3 ery Act (42 U.S.C. 2651 et seq.); $5,746,000,000 (re4 duced by $100,000) (increased by $100,000), plus reim5 bursements, shall become available on October 1, 2012, 

6 and shall remain available until September 30, 2013: Pro7 vided, That, of the amount made available under this 

8 heading $100,000,000 shall remain available until Sep9 tember 30, 2014. 

10 MEDICAL FACILITIES

11 For necessary expenses for the maintenance and op12 eration of hospitals, nursing homes, domiciliary facilities, 

13 and other necessary facilities of the Veterans Health Ad14 ministration; for administrative expenses in support of 

15 planning, design, project management, real property ac16 quisition and disposition, construction, and renovation of 

17 any facility under the jurisdiction or for the use of the 

18 Department; for oversight, engineering, and architectural 

19 activities not charged to project costs; for repairing, alter20 ing, improving, or providing facilities in the several hos21 pitals and homes under the jurisdiction of the Depart22 ment, not otherwise provided for, either by contract or by 

23 the hire of temporary employees and purchase of mate24 rials; for leases of facilities; and for laundry services, 

25 $5,441,000,000, plus reimbursements, shall become avail-
32 

•HR 2055 RS

1 able on October 1, 2012, and shall remain available until 

2 September 30, 2013: Provided, That, of the amount made 

3 available under this heading, $100,000,000 shall remain 

4 available until September 30, 2014. 

5 MEDICAL AND PROSTHETIC RESEARCH

6 For necessary expenses in carrying out programs of 

7 medical and prosthetic research and development as au8 thorized by chapter 73 of title 38, United States Code, 

9 $508,774,000 (increased by $22,000,000), plus reim10 bursements, shall remain available until September 30, 

11 2013. 

12 NATIONAL CEMETERY ADMINISTRATION

13 For necessary expenses of the National Cemetery Ad14 ministration for operations and maintenance, not other15 wise provided for, including uniforms or allowances there16 for; cemeterial expenses as authorized by law; purchase 

17 of one passenger motor vehicle for use in cemeterial oper18 ations; hire of passenger motor vehicles; and repair, alter19 ation or improvement of facilities under the jurisdiction 

20 of the National Cemetery Administration, $250,934,000, 

21 of which not to exceed $25,100,000 shall remain available 

22 until September 30, 2013: Provided, That no funds shall 

23 be made available to any project associated with the Na24 tional Cemetery Administration’s Urban Initiative pro-
33 

•HR 2055 RS

1 gram until a strategy to serve rural veterans is finalized 

2 and operational. 

3 DEPARTMENTAL ADMINISTRATION

4 GENERAL ADMINISTRATION

5 (INCLUDING TRANSFER OF FUNDS)

6 For necessary operating expenses of the Department 

7 of Veterans Affairs, not otherwise provided for, including 

8 administrative expenses in support of Department-Wide 

9 capital planning, management and policy activities, uni10 forms, or allowances therefor; not to exceed $25,000 for 

11 official reception and representation expenses; hire of pas12 senger motor vehicles; and reimbursement of the General 

13 Services Administration for security guard services, 

14 $422,500,000 (reduced by $22,000,000), of which not to 

15 exceed $22,144,000 shall remain available until Sep16 tember 30, 2013: Provided, That $20,000,000 shall be 

17 used to increase the Department’s acquisition workforce 

18 capacity and capabilities and may be transferred by the 

19 Secretary to any other account in the Department to carry 

20 out the purposes provided therein: Provided further, That 

21 funds provided under this heading may be transferred to 

22 ‘‘General operating expenses, Veterans Benefits Adminis23 tration’’. 
34 

•HR 2055 RS

1 GENERAL OPERATING EXPENSES, VETERANS BENEFITS

2 ADMINISTRATION

3 For necessary operating expenses of the Veterans 

4 Benefits Administration, not otherwise provided for, in5 cluding hire of passenger motor vehicles, reimbursement 

6 of the General Services Administration for security guard 

7 services, and reimbursement of the Department of De8 fense for the cost of overseas employee mail, 

9 $2,020,128,000 (reduced by $100,000) (increased by 

10 $100,000): Provided, That expenses for services and as11 sistance authorized under paragraphs (1), (2), (5), and 

12 (11) of section 3104(a) of title 38, United States Code, 

13 that the Secretary of Veterans Affairs determines are nec14 essary to enable entitled veterans: (1) to the maximum ex15 tent feasible, to become employable and to obtain and 

16 maintain suitable employment; or (2) to achieve maximum 

17 independence in daily living, shall be charged to this ac18 count: Provided further, That of the funds made available 

19 under this heading, not to exceed $105,856,000 shall re20 main available until September 30, 2013: Provided further, 

21 That from the funds made available under this heading, 

22 the Veterans Benefits Administration may purchase (on 

23 a one-for-one replacement basis only) up to two passenger 

24 motor vehicles for use in operations of that Administration 

25 in Manila, Philippines. 
35 

•HR 2055 RS

1 INFORMATION TECHNOLOGY SYSTEMS

2 For necessary expenses for information technology 

3 systems and telecommunications support, including devel4 opmental information systems and operational information 

5 systems; for pay and associated costs; and for the capital 

6 asset acquisition of information technology systems, in7 cluding management and related contractual costs of said 

8 acquisitions, including contractual costs associated with 

9 operations authorized by section 3109 of title 5, United 

10 States Code, $3,025,000,000 (reduced by $70,000,000) 

11 (increased by $70,000,000), plus reimbursements, shall 

12 remain available until September 30, 2013: Provided, 

13 That none of the funds made available under this heading 

14 may be obligated until the Department of Veterans Affairs 

15 submits to the Committees on Appropriations of both 

16 Houses of Congress, and such Committees approve, a plan 

17 for expenditure that: (1) meets the capital planning and 

18 investment control review requirements established by the 

19 Office of Management and Budget; (2) complies with the 

20 Department of Veterans Affairs enterprise architecture; 

21 (3) conforms with an established enterprise life cycle 

22 methodology; and (4) complies with the acquisition rules, 

23 requirements, guidelines, and systems acquisition manage24 ment practices of the Federal Government: Provided fur25 ther, That not later than 30 days after the date of the 
36 

•HR 2055 RS

1 enactment of this Act, the Secretary of Veterans Affairs 

2 shall submit to the Committees on Appropriations of both 

3 Houses of Congress a reprogramming base letter which 

4 sets forth, by project, the operations and maintenance 

5 costs, with salary expenses separately designated, and de6 velopment costs to be carried out utilizing amounts made 

7 available under this heading. 

8 OFFICE OF INSPECTOR GENERAL

9 For necessary expenses of the Office of Inspector 

10 General, to include information technology, in carrying out 

11 the provisions of the Inspector General Act of 1978 (5 

12 U.S.C. App.), $109,391,000, of which $6,000,000 shall re13 main available until September 30, 2013. 

14 CONSTRUCTION, MAJOR PROJECTS

15 For constructing, altering, extending, and improving 

16 any of the facilities, including parking projects, under the 

17 jurisdiction or for the use of the Department of Veterans 

18 Affairs, or for any of the purposes set forth in sections 

19 316, 2404, 2406, 8102, 8103, 8106, 8108, 8109, 8110, 

20 and 8122 of title 38, United States Code, including plan21 ning, architectural and engineering services, construction 

22 management services, maintenance or guarantee period 

23 services costs associated with equipment guarantees pro24 vided under the project, services of claims analysts, offsite 

25 utility and storm drainage system construction costs, and 
37 

•HR 2055 RS

1 site acquisition, where the estimated cost of a project is 

2 more than the amount set forth in section 8104(a)(3)(A) 

3 of title 38, United States Code, or where funds for a 

4 project were made available in a previous major project 

5 appropriation, $589,604,000, to remain available until 

6 September 30, 2016, of which $5,000,000 shall be to 

7 make reimbursements as provided in section 13 of the 

8 Contract Disputes Act of 1978 (41 U.S.C. 612) for claims 

9 paid for contract disputes: Provided, That except for ad10 vance planning activities, including needs assessments 

11 which may or may not lead to capital investments, and 

12 other capital asset management related activities, includ13 ing portfolio development and management activities, and 

14 investment strategy studies funded through the advance 

15 planning fund and the planning and design activities fund16 ed through the design fund, including needs assessments 

17 which may or may not lead to capital investments, and 

18 salaries and associated costs of the resident engineers who 

19 oversee those capital investments funded through this ac20 count, and funds provided for the purchase of land for 

21 the National Cemetery Administration through the land 

22 acquisition line item, none of the funds made available 

23 under this heading shall be used for any project which has 

24 not been approved by the Congress in the budgetary proc25 ess: Provided further, That funds made available under 
38 

•HR 2055 RS

1 this heading for fiscal year 2012, for each approved 

2 project shall be obligated: (1) by the awarding of a con3 struction documents contract by September 30, 2012; and 

4 (2) by the awarding of a construction contract by Sep5 tember 30, 2013: Provided further, That the Secretary of 

6 Veterans Affairs shall promptly submit to the Committees 

7 on Appropriations of both Houses of Congress a written 

8 report on any approved major construction project for 

9 which obligations are not incurred within the time limita10 tions established above. 

11 CONSTRUCTION, MINOR PROJECTS

12 For constructing, altering, extending, and improving 

13 any of the facilities, including parking projects, under the 

14 jurisdiction or for the use of the Department of Veterans 

15 Affairs, including planning and assessments of needs 

16 which may lead to capital investments, architectural and 

17 engineering services, maintenance or guarantee period 

18 services costs associated with equipment guarantees pro19 vided under the project, services of claims analysts, offsite 

20 utility and storm drainage system construction costs, and 

21 site acquisition, or for any of the purposes set forth in 

22 sections 316, 2404, 2406, 8102, 8103, 8106, 8108, 8109, 

23 8110, 8122, and 8162 of title 38, United States Code, 

24 where the estimated cost of a project is equal to or less 

25 than the amount set forth in section 8104(a)(3)(A) of title 
39 

•HR 2055 RS

1 38, United States Code, $475,091,000, to remain avail2 able until September 30, 2016, along with unobligated bal3 ances of previous ‘‘Construction, minor projects’’ appro4 priations which are hereby made available for any project 

5 where the estimated cost is equal to or less than the 

6 amount set forth in such section: Provided, That funds 

7 made available under this heading shall be for: (1) repairs 

8 to any of the nonmedical facilities under the jurisdiction 

9 or for the use of the Department which are necessary be10 cause of loss or damage caused by any natural disaster 

11 or catastrophe; and (2) temporary measures necessary to 

12 prevent or to minimize further loss by such causes. 

13 GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE

14 FACILITIES

15 For grants to assist States to acquire or construct 

16 State nursing home and domiciliary facilities and to re17 model, modify, or alter existing hospital, nursing home, 

18 and domiciliary facilities in State homes, for furnishing 

19 care to veterans as authorized by sections 8131 through 

20 8137 of title 38, United States Code, $85,000,000, to re21 main available until expended. 

22 GRANTS FOR CONSTRUCTION OF VETERANS CEMETERIES

23 For grants to assist States and tribal governments 

24 in establishing, expanding, or improving veterans ceme25 teries as authorized by section 2408 of title 38, United 
40 

•HR 2055 RS

1 States Code, $46,000,000, to remain available until ex2 pended. 

3 ADMINISTRATIVE PROVISIONS

4 (INCLUDING TRANSFER OF FUNDS)

5 SEC. 201. Any appropriation for fiscal year 2012 for 

6 ‘‘Compensation and pensions’’, ‘‘Readjustment benefits’’, 

7 and ‘‘Veterans insurance and indemnities’’ may be trans8 ferred as necessary to any other of the mentioned appro9 priations: Provided, That before such transfer may take 

10 place, the Secretary of Veterans Affairs shall request from 

11 the Committees on Appropriations of both Houses of Con12 gress the authority to make the transfer and such Com13 mittees issue an approval, or absent a response, a period 

14 of 30 days has elapsed. 

15 (INCLUDING TRANSFER OF FUNDS)

16 SEC. 202. Amounts made available for the Depart17 ment of Veterans Affairs for fiscal year 2012, in this Act 

18 or any other Act, under the ‘‘Medical services’’, ‘‘Medical 

19 support and compliance’’, and ‘‘Medical facilities’’ ac20 counts may be transferred among the accounts: Provided, 

21 That any transfers between the ‘‘Medical services’’ and 

22 ‘‘Medical support and compliance’’ accounts of 1 percent 

23 or less of the total amount appropriated to the account 

24 in this or any other Act may take place subject to notifica25 tion from the Secretary of Veterans Affairs to the Com-
41 

•HR 2055 RS

1 mittees on Appropriations of both Houses of Congress of 

2 the amount and purpose of the transfer: Provided further, 

3 That any transfers between the ‘‘Medical services’’ and 

4 ‘‘Medical support and compliance’’ accounts in excess of 

5 1 percent, or exceeding the cumulative 1 percent for the 

6 fiscal year, may take place only after the Secretary re7 quests from the Committees on Appropriations of both 

8 Houses of Congress the authority to make the transfer 

9 and an approval is issued: Provided further, That any 

10 transfers to or from the ‘‘Medical facilities’’ account may 

11 take place only after the Secretary requests from the Com12 mittees on Appropriations of both Houses of Congress the 

13 authority to make the transfer and an approval is issued. 

14 SEC. 203. Appropriations made available in this title 

15 for salaries and expenses shall be available for services au16 thorized by section 3109 of title 5, United States Code; 

17 hire of passenger motor vehicles; lease of a facility or land 

18 or both; and uniforms or allowances therefore, as author19 ized by sections 5901 through 5902 of title 5, United 

20 States Code. 

21 SEC. 204. No appropriations in this title (except the 

22 appropriations for ‘‘Construction, major projects’’ and 

23 ‘‘Construction, minor projects’’) shall be available for the 

24 purchase of any site for or toward the construction of any 

25 new Department of Veterans Affairs hospital or home. 
42 

•HR 2055 RS

1 SEC. 205. No appropriations in this title shall be 

2 available for hospitalization or examination of any persons 

3 (except beneficiaries entitled to such hospitalization or ex4 amination under the laws providing such benefits to vet5 erans, and persons receiving such treatment under sec6 tions 7901 through 7904 of title 5, United States Code, 

7 or the Robert T. Stafford Disaster Relief and Emergency 

8 Assistance Act (42 U.S.C. 5121 et seq.)), unless reim9 bursement of the cost of such hospitalization or examina10 tion is made to the ‘‘Medical services’’ account at such 

11 rates as may be fixed by the Secretary of Veterans Affairs. 

12 SEC. 206. Appropriations available in this title for 

13 ‘‘Compensation and pensions’’, ‘‘Readjustment benefits’’, 

14 and ‘‘Veterans insurance and indemnities’’ shall be avail15 able for payment of prior year accrued obligations re16 quired to be recorded by law against the corresponding 

17 prior year accounts within the last quarter of fiscal year 

18 2011. 

19 SEC. 207. Appropriations available in this title shall 

20 be available to pay prior year obligations of corresponding 

21 prior year appropriations accounts resulting from sections 

22 3328(a), 3334, and 3712(a) of title 31, United States 

23 Code, except that if such obligations are from trust fund 

24 accounts they shall be payable only from ‘‘Compensation 

25 and pensions’’. 
43 

•HR 2055 RS

1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 208. Notwithstanding any other provision of 

3 law, during fiscal year 2012, the Secretary of Veterans 

4 Affairs shall, from the National Service Life Insurance 

5 Fund under section 1920 of title 38, United States Code, 

6 the Veterans’ Special Life Insurance Fund under section 

7 1923 of title 38, United States Code, and the United 

8 States Government Life Insurance Fund under section 

9 1955 of title 38, United States Code, reimburse the ‘‘Gen10 eral operating expenses, Veterans Benefits Administra11 tion’’ and ‘‘Information technology systems’’ accounts for 

12 the cost of administration of the insurance programs fi13 nanced through those accounts: Provided, That reimburse14 ment shall be made only from the surplus earnings accu15 mulated in such an insurance program during fiscal year 

16 2012 that are available for dividends in that program after 

17 claims have been paid and actuarially determined reserves 

18 have been set aside: Provided further, That if the cost of 

19 administration of such an insurance program exceeds the 

20 amount of surplus earnings accumulated in that program, 

21 reimbursement shall be made only to the extent of such 

22 surplus earnings: Provided further, That the Secretary 

23 shall determine the cost of administration for fiscal year 

24 2012 which is properly allocable to the provision of each 

25 such insurance program and to the provision of any total 
44 

•HR 2055 RS

1 disability income insurance included in that insurance pro2 gram. 

3 SEC. 209. Amounts deducted from enhanced-use 

4 lease proceeds to reimburse an account for expenses in5 curred by that account during a prior fiscal year for pro6 viding enhanced-use lease services, may be obligated dur7 ing the fiscal year in which the proceeds are received. 

8 (INCLUDING TRANSFER OF FUNDS)

9 SEC. 210. Funds available in this title for salaries 

10 and other administrative expenses shall also be available 

11 to reimburse the Office of Resolution Management of the 

12 Department of Veterans Affairs and the Office of Employ13 ment Discrimination Complaint Adjudication under sec14 tion 319 of title 38, United States Code, for all services 

15 provided at rates which will recover actual costs but not 

16 exceed $42,904,000 for the Office of Resolution Manage17 ment and $3,360,000 for the Office of Employment and 

18 Discrimination Complaint Adjudication: Provided, That 

19 payments may be made in advance for services to be fur20 nished based on estimated costs: Provided further, That 

21 amounts received shall be credited to the ‘‘General admin22 istration’’ and ‘‘Information technology systems’’ accounts 

23 for use by the office that provided the service. 

24 SEC. 211. No appropriations in this title shall be 

25 available to enter into any new lease of real property if 
45 

•HR 2055 RS

1 the estimated annual rental cost is more than $1,000,000, 

2 unless the Secretary submits a report which the Commit3 tees on Appropriations of both Houses of Congress ap4 prove within 30 days following the date on which the re5 port is received. 

6 SEC. 212. No funds of the Department of Veterans 

7 Affairs shall be available for hospital care, nursing home 

8 care, or medical services provided to any person under 

9 chapter 17 of title 38, United States Code, for a non-serv10 ice-connected disability described in section 1729(a)(2) of 

11 such title, unless that person has disclosed to the Sec12 retary of Veterans Affairs, in such form as the Secretary 

13 may require, current, accurate third-party reimbursement 

14 information for purposes of section 1729 of such title: Pro15 vided, That the Secretary may recover, in the same man16 ner as any other debt due the United States, the reason17 able charges for such care or services from any person who 

18 does not make such disclosure as required: Provided fur19 ther, That any amounts so recovered for care or services 

20 provided in a prior fiscal year may be obligated by the 

21 Secretary during the fiscal year in which amounts are re22 ceived. 

23 (INCLUDING TRANSFER OF FUNDS)

24 SEC. 213. Notwithstanding any other provision of 

25 law, proceeds or revenues derived from enhanced-use leas-
46 

•HR 2055 RS

1 ing activities (including disposal) may be deposited into 

2 the ‘‘Construction, major projects’’ and ‘‘Construction, 

3 minor projects’’ accounts and be used for construction (in4 cluding site acquisition and disposition), alterations, and 

5 improvements of any medical facility under the jurisdic6 tion or for the use of the Department of Veterans Affairs. 

7 Such sums as realized are in addition to the amount pro8 vided for in ‘‘Construction, major projects’’ and ‘‘Con9 struction, minor projects’’. 

10 SEC. 214. Amounts made available under ‘‘Medical 

11 services’’ are available— 

12 (1) for furnishing recreational facilities, sup13 plies, and equipment; and 

14 (2) for funeral expenses, burial expenses, and 

15 other expenses incidental to funerals and burials for 

16 beneficiaries receiving care in the Department. 

17 (INCLUDING TRANSFER OF FUNDS)

18 SEC. 215. Such sums as may be deposited to the 

19 Medical Care Collections Fund pursuant to section 1729A 

20 of title 38, United States Code, may be transferred to 

21 ‘‘Medical services’’, to remain available until expended for 

22 the purposes of that account. 

23 SEC. 216. The Secretary of Veterans Affairs may 

24 enter into agreements with Indian tribes and tribal organi25 zations which are party to the Alaska Native Health Com-
47 

•HR 2055 RS

1 pact with the Indian Health Service, and Indian tribes and 

2 tribal organizations serving rural Alaska which have en3 tered into contracts with the Indian Health Service under 

4 the Indian Self Determination and Educational Assistance 

5 Act, to provide healthcare, including behavioral health and 

6 dental care. The Secretary shall require participating vet7 erans and facilities to comply with all appropriate rules 

8 and regulations, as established by the Secretary. The term 

9 ‘‘rural Alaska’’ shall mean those lands sited within the ex10 ternal boundaries of the Alaska Native regions specified 

11 in sections 7(a)(1)–(4) and (7)–(12) of the Alaska Native 

12 Claims Settlement Act, as amended (43 U.S.C. 1606), and 

13 those lands within the Alaska Native regions specified in 

14 sections 7(a)(5) and 7(a)(6) of the Alaska Native Claims 

15 Settlement Act, as amended (43 U.S.C. 1606), which are 

16 not within the boundaries of the Municipality of Anchor17 age, the Fairbanks North Star Borough, the Kenai Penin18 sula Borough or the Matanuska Susitna Borough. 

19 (INCLUDING TRANSFER OF FUNDS)

20 SEC. 217. Such sums as may be deposited to the De21 partment of Veterans Affairs Capital Asset Fund pursu22 ant to section 8118 of title 38, United States Code, may 

23 be transferred to the ‘‘Construction, major projects’’ and 

24 ‘‘Construction, minor projects’’ accounts, to remain avail-
48 

•HR 2055 RS

1 able until September 30, 2016, for the purposes of these 

2 accounts. 

3 SEC. 218. None of the funds made available in this 

4 title may be used to implement any policy prohibiting the 

5 Directors of the Veterans Integrated Services Networks 

6 from conducting outreach or marketing to enroll new vet7 erans within their respective Networks. 

8 SEC. 219. The Secretary of Veterans Affairs shall 

9 submit to the Committees on Appropriations of both 

10 Houses of Congress a quarterly report on the financial 

11 status of the Veterans Health Administration. 

12 (INCLUDING TRANSFER OF FUNDS)

13 SEC. 220. Amounts made available under the ‘‘Med14 ical services’’, ‘‘Medical support and compliance’’, ‘‘Med15 ical facilities’’, ‘‘General operating expenses, Veterans 

16 Benefits Administration’’, ‘‘General administration’’, and 

17 ‘‘National Cemetery Administration’’ accounts for fiscal 

18 year 2012, may be transferred to or from the ‘‘Informa19 tion technology systems’’ account: Provided, That before 

20 a transfer may take place, the Secretary of Veterans Af21 fairs shall request from the Committees on Appropriations 

22 of both Houses of Congress the authority to make the 

23 transfer and an approval is issued. 
49 

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1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 221. Amounts made available for the ‘‘Informa3 tion technology systems’’ account may be transferred be4 tween projects: Provided, That no project may be in5 creased or decreased by more than $1,000,000 of cost 

6 prior to submitting a request to the Committees on Appro7 priations of both Houses of Congress to make the transfer 

8 and an approval is issued or absent a response, a period 

9 of 30 days has elapsed. 

10 SEC. 222. Of the amounts made available to the De11 partment of Veterans Affairs for fiscal year 2012, in this 

12 Act or any other Act, under the ‘‘Medical facilities’’ ac13 count for nonrecurring maintenance, not more than 20 

14 percent of the funds made available shall be obligated dur15 ing the last 2 months of that fiscal year: Provided, That 

16 the Secretary may waive this requirement after providing 

17 written notice to the Committees on Appropriations of 

18 both Houses of Congress. 

19 (INCLUDING TRANSFER OF FUNDS)

20 SEC. 223. Of the amounts appropriated to the De21 partment of Veterans Affairs for fiscal year 2012 for 

22 ‘‘Medical services’’, ‘‘Medical support and compliance’’, 

23 ‘‘Medical facilities’’, ‘‘Construction, minor projects’’, and 

24 ‘‘Information technology systems’’, up to $241,666,000, 

25 plus reimbursements, may be transferred to the Joint De-
50 

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1 partment of Defense-Department of Veterans Affairs 

2 Medical Facility Demonstration Fund, established by sec3 tion 1704 of the National Defense Authorization Act for 

4 Fiscal Year 2010 (Public Law 111–84; 123 Stat. 3571) 

5 and may be used for operation of the facilities designated 

6 as combined Federal medical facilities as described by sec7 tion 706 of the Duncan Hunter National Defense Author8 ization Act for Fiscal Year 2009 (Public Law 110–417; 

9 122 Stat. 4500): Provided, That additional funds may be 

10 transferred from accounts designated in this section to the 

11 Joint Department of Defense-Department of Veterans Af12 fairs Medical Facility Demonstration Fund upon written 

13 notification by the Secretary of Veterans Affairs to the 

14 Committees on Appropriations of both Houses of Con15 gress. 

16 (INCLUDING TRANSFER OF FUNDS)

17 SEC. 224. Such sums as may be deposited to the 

18 Medical Care Collections Fund pursuant to section 1729A 

19 of title 38, United States Code, for health care provided 

20 at facilities designated as combined Federal medical facili21 ties as described by section 706 of the Duncan Hunter 

22 National Defense Authorization Act for Fiscal Year 2009 

23 (Public Law 110–417; 122 Stat. 4500) shall also be avail24 able: (1) for transfer to the Joint Department of Defense25 Department of Veterans Affairs Medical Facility Dem-
51 

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1 onstration Fund, established by section 1704 of the Na2 tional Defense Authorization Act for Fiscal Year 2010 

3 (Public Law 111–84; 123 Stat. 3571); and (2) for oper4 ations of the facilities designated as combined Federal 

5 medical facilities as described by section 706 of the Dun6 can Hunter National Defense Authorization Act for Fiscal 

7 Year 2009 (Public Law 110–417; 122 Stat. 4500). 

8 (INCLUDING TRANSFER OF FUNDS)

9 SEC. 225. Of the amounts available in this title for 

10 ‘‘Medical services’’, ‘‘Medical support and compliance’’, 

11 and ‘‘Medical facilities’’, a minimum of $15,000,000, shall 

12 be transferred to the DOD-VA Health Care Sharing In13 centive Fund, as authorized by section 8111(d) of title 38, 

14 United States Code, to remain until expended, for any 

15 purpose authorized by section 8111 of title 38, United 

16 States Code. 

17 (INCLUDING RESCISSION OF FUNDS)

18 SEC. 226. (a) Of the funds appropriated in title X 

19 of division B of Public Law 112–10, the following amounts 

20 which become available on October 1, 2011, are hereby 

21 rescinded from the following accounts in the amounts 

22 specified: 

23 (1) ‘‘Department of Veterans Affairs, Medical 

24 services’’, $1,000,000,000. 
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1 (2) ‘‘Department of Veterans Affairs, Medical 

2 support and compliance’’, $100,000,000. 

3 (3) ‘‘Department of Veterans Affairs, Medical 

4 facilities’’, $100,000,000. 

5 (b) In addition to amounts provided elsewhere in this 

6 Act, an additional amount is appropriated to the following 

7 accounts in the amounts specified, to remain available 

8 until September 30, 2013: 

9 (1) ‘‘Department of Veterans Affairs, Medical 

10 services’’, $1,000,000,000. 

11 (2) ‘‘Department of Veterans Affairs, Medical 

12 support and compliance’’, $100,000,000. 

13 (3) ‘‘Department of Veterans Affairs, Medical 

14 facilities’’, $100,000,000. 

15 SEC. 227. The Secretary of the Department of Vet16 erans Affairs shall notify the Committees on Appropria17 tions of both Houses of Congress of all bid savings in 

18 major construction projects that total at least $5,000,000, 

19 or 5 percent of the programmed amount of the project, 

20 whichever is less: Provided, That such notification shall 

21 occur within 14 days of entering into a contract: Provided 

22 further, That the Secretary shall notify the committees 14 

23 days prior to the obligation of such bid savings and shall 

24 describe the anticipated use of such savings. 
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1 SEC. 228. The scope of work for a project included 

2 in ‘‘Construction, major projects’’ may not be increased 

3 above the scope specified for that project in the original 

4 justification data provided to the Congress as part of the 

5 request for appropriations. 

6 SEC. 229. (a) Section 5701 of title 38, United States 

7 Code, is amended by adding at the end the following new 

8 subsection: 

9 ‘‘(l)(1) The Secretary shall disclose to a State con10 trolled substance monitoring program, including a pro11 gram under section 399O of the Public Health Service Act 

12 (42 U.S.C. 280g–3), the name and address of a veteran 

13 or a dependent of a veteran to the extent necessary to 

14 prevent misuse and diversion of prescription medicines. 

15 ‘‘(2) In this subsection, the terms ‘State’ and ‘con16 trolled substance’ have the meaning given such terms in 

17 section 399O(m) of the Public Health Service Act (42 

18 U.S.C. 280g–3(m)).’’. 

19 (b) Section 7332(b)(2) of title 38, Unites States Code 

20 is amended by adding at the end the following new sub21 paragraph: 

22 ‘‘(G)(i) To a State controlled substance moni23 toring program, including a program under section 

24 399O of the Public Health Service Act (42 U.S.C. 
54 

•HR 2055 RS

1 280g–3), to the extent necessary to prevent misuse 

2 and diversion of prescription medicines. 

3 ‘‘(ii) In this subparagraph, the terms ‘State’ 

4 and ‘controlled substance’ have the meanings given 

5 such terms in section 399O(m) of the Public Health 

6 Service Act (42 U.S.C. 280g–3(m)).’’. 

7 SEC. 230. Not more than $250,000 may be used by 

8 the Department of Veterans Affairs to conduct any single 

9 national outreach and awareness marketing campaign, in10 cluding motorsports sponsorship, prior to submitting a re11 quest to the Committees on Appropriations of both Houses 

12 of Congress and an approval is issued or absent a re13 sponse, a period of 30 days has elapsed. 

14 TITLE III 

15 RELATED AGENCIES 

16 AMERICAN BATTLE MONUMENTS COMMISSION

17 SALARIES AND EXPENSES

18 For necessary expenses, not otherwise provided for, 

19 of the American Battle Monuments Commission, including 

20 the acquisition of land or interest in land in foreign coun21 tries; purchases and repair of uniforms for caretakers of 

22 national cemeteries and monuments outside of the United 

23 States and its territories and possessions; rent of office 

24 and garage space in foreign countries; purchase (one-for25 one replacement basis only) and hire of passenger motor 
55 

•HR 2055 RS

1 vehicles; not to exceed $7,500 for official reception and 

2 representation expenses; and insurance of official motor 

3 vehicles in foreign countries, when required by law of such 

4 countries, $61,100,000, to remain available until ex5 pended. 

6 FOREIGN CURRENCY FLUCTUATIONS ACCOUNT

7 For necessary expenses, not otherwise provided for, 

8 of the American Battle Monuments Commission, such 

9 sums as may be necessary, to remain available until ex10 pended, for purposes authorized by section 2109 of title 

11 36, United States Code. 

12 UNITED STATES COURT OF APPEALS FOR VETERANS

13 CLAIMS

14 SALARIES AND EXPENSES

15 For necessary expenses for the operation of the 

16 United States Court of Appeals for Veterans Claims as 

17 authorized by sections 7251 through 7298 of title 38, 

18 United States Code, $30,770,000: Provided, That 

19 $2,726,363 shall be available for the purpose of providing 

20 financial assistance as described, and in accordance with 

21 the process and reporting procedures set forth, under this 

22 heading in Public Law 102–229. 
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1 DEPARTMENT OF DEFENSE—CIVIL

2 CEMETERIAL EXPENSES, ARMY

3 SALARIES AND EXPENSES

4 For necessary expenses, as authorized by law, for 

5 maintenance, operation, and improvement of Arlington 

6 National Cemetery and Soldiers’ and Airmen’s Home Na7 tional Cemetery, including the purchase or lease of pas8 senger motor vehicles for replacement on a one-for-one 

9 basis only, and not to exceed $1,000 for official reception 

10 and representation expenses, $45,800,000, to remain 

11 available until expended. In addition, such sums as may 

12 be necessary for parking maintenance, repairs and re13 placement, to be derived from the ‘‘Lease of Department 

14 of Defense Real Property for Defense Agencies’’ account. 

15 Funds appropriated under this Act may be provided 

16 to Arlington County, Virginia, for the relocation of the 

17 federally-owned water main at Arlington National Ceme18 tery making additional land available for ground burials. 

19 ARMED FORCES RETIREMENT HOME

20 TRUST FUND

21 For expenses necessary for the Armed Forces Retire22 ment Home to operate and maintain the Armed Forces 

23 Retirement Home—Washington, District of Columbia, 

24 and the Armed Forces Retirement Home—Gulfport, Mis25 sissippi, to be paid from funds available in the Armed 
57 

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1 Forces Retirement Home Trust Fund, $67,700,000, of 

2 which $2,000,000 shall remain available until expended 

3 for construction and renovation of the physical plants at 

4 the Armed Forces Retirement Home—Washington, Dis5 trict of Columbia, and the Armed Forces Retirement 

6 Home—Gulfport, Mississippi. 

7 TITLE IV 

8 GENERAL PROVISIONS 

9 SEC. 401. No part of any appropriation contained in 

10 this Act shall remain available for obligation beyond the 

11 current fiscal year unless expressly so provided herein. 

12 SEC. 402. None of the funds made available in this 

13 Act may be used for any program, project, or activity, 

14 when it is made known to the Federal entity or official 

15 to which the funds are made available that the program, 

16 project, or activity is not in compliance with any Federal 

17 law relating to risk assessment, the protection of private 

18 property rights, or unfunded mandates. 

19 SEC. 403. No part of any funds appropriated in this 

20 Act shall be used by an agency of the executive branch, 

21 other than for normal and recognized executive-legislative 

22 relationships, for publicity or propaganda purposes, or for 

23 the preparation, distribution, or use of any kit, pamphlet, 

24 booklet, publication, radio, television, or film presentation 
58 

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1 designed to support or defeat legislation pending before 

2 Congress, except in presentation to Congress itself. 

3 SEC. 404. All departments and agencies funded under 

4 this Act are encouraged, within the limits of the existing 

5 statutory authorities and funding, to expand their use of 

6 ‘‘E–Commerce’’ technologies and procedures in the con7 duct of their business practices and public service activi8 ties. 

9 SEC. 405. Unless stated otherwise, all reports and no10 tifications required by this Act shall be submitted to the 

11 Subcommittee on Military Construction and Veterans Af12 fairs, and Related Agencies of the Committee on Appro13 priations of the House of Representatives and the Sub14 committee on Military Construction and Veterans Affairs, 

15 and Related Agencies of the Committee on Appropriations 

16 of the Senate. 

17 SEC. 406. None of the funds made available in this 

18 Act may be used for a project or program named for an 

19 individual serving as a Member, Delegate, or Resident 

20 Commissioner of the United States House of Representa21 tives. 

22 SEC. 407. (a) Any agency receiving funds made avail23 able in this Act, shall, subject to subsections (b) and (c), 

24 post on the public website of that agency any report re25 quired to be submitted by the Congress in this or any 
59 

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1 other Act, upon the determination by the head of the agen2 cy that it shall serve the national interest. 

3 (b) Subsection (a) shall not apply to a report if— 

4 (1) the public posting of the report com5 promises national security; or 

6 (2) the report contains confidential or propri7 etary information. 

8 (c) The head of the agency posting such report shall 

9 do so only after such report has been made available to 

10 the requesting Committee or Committees of Congress for 

11 no less than 45 days. 

12 SEC. 408. None of the funds made available in this 

13 Act may be distributed to the Association of Community 

14 Organizations for Reform Now (ACORN) or its subsidi15 aries or successors. 

16 SEC. 409. (a) None of the funds made available in 

17 this Act may be used to maintain or establish a computer 

18 network unless such network blocks the viewing, 

19 downloading, and exchanging of pornography. 

20 (b) Nothing in subsection (a) shall limit the use of 

21 funds necessary for any Federal, State, tribal, or local law 

22 enforcement agency or any other entity carrying out crimi23 nal investigations, prosecution, or adjudication activities. 

24 SEC. 410. None of the funds appropriated or other25 wise made available in this Act may be used by an agency 
60 

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1 of the executive branch to pay for first-class travel by an 

2 employee of the agency in contravention of sections 301– 

3 10.122 through 301–10.124 of title 41, Code of Federal 

4 Regulations. 

5 SEC. 411. None of the funds appropriated or other6 wise made available in this Act may be used by an agency 

7 of the executive branch to exercise the power of eminent 

8 domain (to take private property for public use) without 

9 the payment of just compensation. 

10 SEC. 412. None of the funds appropriated or other11 wise made available to the Department of Defense in this 

12 Act may be used to renovate, expand, or construct any 

13 facility in the continental United States for the purpose 

14 of housing any individual who has been detained, at any 

15 time after September 11, 2001, at United States Naval 

16 Station, Guantanamo Bay, Cuba. 

17 SEC. 413. None of the funds provided in this Act may 

18 be used to execute a contract for goods or services, includ19 ing construction services, where the contractor has not 

20 complied with Executive Order No. 12989. 

21 SEC. 414. None of the funds made available by this 

22 Act may be used to enter into a contract, memorandum 

23 of understanding, or cooperative agreement with, or to 

24 make a grant to, any corporation that was convicted of 
61 

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1 a felony criminal violation under any Federal or State law 

2 within the preceding 24 months. 

3 SPENDING REDUCTION ACCOUNT

4 SEC. 415. The amount by which the applicable alloca5 tion of new budget authority made by the Committee on 

6 Appropriations of the House of Representatives under sec7 tion 302(b) of the Congressional Budget Act of 1974 ex8 ceeds the amount of proposed new budget authority is $0. 

9 SEC. 416. None of the funds made available by this 

10 Act may be used to declare as excess to the needs of the 

11 Department of Veterans Affairs or otherwise take any ac12 tion to exchange, trade, auction, transfer, or otherwise dis13 pose of, or reduce the acreage of, Federal land and im14 provements at the St. Albans campus, consisting of ap15 proximately 55 acres of land, with borders near Linden 

16 Boulevard on the northwest, 115th Avenue on the west, 

17 the Long Island Railroad on the northeast, and Baisley 

18 Boulevard on the southeast. 

19 SEC. 417. None of the funds made available by this 

20 Act shall be available to enforce section 526 of the Energy 

21 Independence and Security Act of 2007 (Public Law 110– 

22 140; 42 U.S.C. 17142). 

23 SEC. 418. None of the funds made available in this 

24 Act may be used to enter into a contract using procedures 

25 that do not give to small business concerns owned and con-
62 

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1 trolled by veterans (as that term is defined in section 

2 3(q)(3) of the Small Business Act (15 U.S.C. 632(q)(3)) 

3 that are included in the database under section 8127(f) 

4 of title 38, United States Code, any preference available 

5 with respect to such contract, except for a preference given 

6 to small business concerns owned and controlled by serv7 ice-disabled veterans (as that term defined in section 

8 3(q)(2) of the Small Business Act (15 U.S.C. 632(q)(2)). 

9 SEC. 419. None of the funds made available by this 

10 Act may be used in contravention of the War Powers Res11 olution (50 U.S.C. 1541 et seq.). 

12 This Act may be cited as the ‘‘Military Construction 

13 and Veterans Affairs and Related Agencies Appropriations 

14 Act, 2012’’. 

15 That the following sums are appropriated, out of any 

16 money in the Treasury not otherwise appropriated, for 

17 military construction, the Department of Veterans Affairs, 

18 and related agencies for the fiscal year ending September 

19 30, 2012, and for other purposes, namely: 

20 TITLE I 

21 DEPARTMENT OF DEFENSE 

22 MILITARY CONSTRUCTION, ARMY

23 For acquisition, construction, installation, and equip24 ment of temporary or permanent public works, military in25 stallations, facilities, and real property for the Army as 
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1 currently authorized by law, including personnel in the 

2 Army Corps of Engineers and other personal services nec3 essary for the purposes of this appropriation, and for con4 struction and operation of facilities in support of the func5 tions of the Commander in Chief, $3,066,891,000, to remain 

6 available until September 30, 2016: Provided, That of this 

7 amount, not to exceed $255,241,000 shall be available for 

8 study, planning, design, architect and engineer services, 

9 and host nation support, as authorized by law, unless the 

10 Secretary of Defense determines that additional obligations 

11 are necessary for such purposes and notifies the Committees 

12 on Appropriations of both Houses of Congress of the deter13 mination and the reasons therefor. 

14 MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

15 For acquisition, construction, installation, and equip16 ment of temporary or permanent public works, naval in17 stallations, facilities, and real property for the Navy and 

18 Marine Corps as currently authorized by law, including 

19 personnel in the Naval Facilities Engineering Command 

20 and other personal services necessary for the purposes of this 

21 appropriation, $2,187,622,000, to remain available until 

22 September 30, 2016: Provided, That of this amount, not to 

23 exceed $84,362,000 shall be available for study, planning, 

24 design, and architect and engineer services, as authorized 

25 by law, unless the Secretary of Defense determines that ad-
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1 ditional obligations are necessary for such purposes and no2 tifies the Committees on Appropriations of both Houses of 

3 Congress of the determination and the reasons therefor. 

4 MILITARY CONSTRUCTION, AIR FORCE

5 For acquisition, construction, installation, and equip6 ment of temporary or permanent public works, military in7 stallations, facilities, and real property for the Air Force 

8 as currently authorized by law, $1,227,058,000, to remain 

9 available until September 30, 2016: Provided, That of this 

10 amount, not to exceed $81,913,000 shall be available for 

11 study, planning, design, and architect and engineer serv12 ices, as authorized by law, unless the Secretary of Defense 

13 determines that additional obligations are necessary for 

14 such purposes and notifies the Committees on Appropria15 tions of both Houses of Congress of the determination and 

16 the reasons therefor. 

17 MILITARY CONSTRUCTION, DEFENSE-WIDE

18 (INCLUDING TRANSFER OF FUNDS)

19 For acquisition, construction, installation, and equip20 ment of temporary or permanent public works, installa21 tions, facilities, and real property for activities and agen22 cies of the Department of Defense (other than the military 

23 departments), as currently authorized by law, 

24 $3,380,917,000, to remain available until September 30, 

25 2016: Provided, That such amounts of this appropriation 
65 

•HR 2055 RS

1 as may be determined by the Secretary of Defense may be 

2 transferred to such appropriations of the Department of De3 fense available for military construction or family housing 

4 as the Secretary may designate, to be merged with and to 

5 be available for the same purposes, and for the same time 

6 period, as the appropriation or fund to which transferred: 

7 Provided further, That of the amount appropriated, not to 

8 exceed $439,602,000 shall be available for study, planning, 

9 design, and architect and engineer services, as authorized 

10 by law, unless the Secretary of Defense determines that ad11 ditional obligations are necessary for such purposes and no12 tifies the Committees on Appropriations of both Houses of 

13 Congress of the determination and the reasons therefor: Pro14 vided further, That of the amount appropriated, notwith15 standing any other provision of law, $24,118,000 shall be 

16 available for payments to the North Atlantic Treaty Orga17 nization for the planning, design, and construction of a new 

18 North Atlantic Treaty Organization headquarters. 

19 MILITARY CONSTRUCTION, ARMY NATIONAL GUARD

20 For construction, acquisition, expansion, rehabilita21 tion, and conversion of facilities for the training and ad22 ministration of the Army National Guard, and contribu23 tions therefor, as authorized by chapter 1803 of title 10, 

24 United States Code, and Military Construction Authoriza25 tion Acts, $773,592,000, to remain available until Sep-
66 

•HR 2055 RS

1 tember 30, 2016: Provided, That of the amount appro2 priated, not to exceed $20,671,000 shall be available for 

3 study, planning, design, and architect and engineer serv4 ices, as authorized by law, unless the Director of the Army 

5 National Guard determines that additional obligations are 

6 necessary for such purposes and notifies the Committees on 

7 Appropriations of both Houses of Congress of the determina8 tion and the reasons therefor. 

9 MILITARY CONSTRUCTION, AIR NATIONAL GUARD

10 For construction, acquisition, expansion, rehabilita11 tion, and conversion of facilities for the training and ad12 ministration of the Air National Guard, and contributions 

13 therefor, as authorized by chapter 1803 of title 10, United 

14 States Code, and Military Construction Authorization Acts, 

15 $116,246,000, to remain available until September 30, 

16 2016: Provided, That of the amount appropriated, not to 

17 exceed $9,000,000 shall be available for study, planning, de18 sign, and architect and engineer services, as authorized by 

19 law, unless the Director of the Air National Guard deter20 mines that additional obligations are necessary for such 

21 purposes and notifies the Committees on Appropriations of 

22 both Houses of Congress of the determination and the rea23 sons therefor. 
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1 MILITARY CONSTRUCTION, ARMY RESERVE

2 For construction, acquisition, expansion, rehabilita3 tion, and conversion of facilities for the training and ad4 ministration of the Army Reserve as authorized by chapter 

5 1803 of title 10, United States Code, and Military Con6 struction Authorization Acts, $280,549,000, to remain 

7 available until September 30, 2016: Provided, That of the 

8 amount appropriated, not to exceed $28,924,000 shall be 

9 available for study, planning, design, and architect and en10 gineer services, as authorized by law, unless the Secretary 

11 of the Army determines that additional obligations are nec12 essary for such purposes and notifies the Committees on Ap13 propriations of both Houses of Congress of the determina14 tion and the reasons therefor. 

15 MILITARY CONSTRUCTION, NAVY RESERVE

16 For construction, acquisition, expansion, rehabilita17 tion, and conversion of facilities for the training and ad18 ministration of the reserve components of the Navy and Ma19 rine Corps as authorized by chapter 1803 of title 10, United 

20 States Code, and Military Construction Authorization Acts, 

21 $26,299,000, to remain available until September 30, 2016: 

22 Provided, That of the amount appropriated, not to exceed 

23 $2,591,000 shall be available for study, planning, design, 

24 and architect and engineer services, as authorized by law, 

25 unless the Secretary of the Navy determines that additional 
68 

•HR 2055 RS

1 obligations are necessary for such purposes and notifies the 

2 Committees on Appropriations of both Houses of Congress 

3 of the determination and the reasons therefor. 

4 MILITARY CONSTRUCTION, AIR FORCE RESERVE

5 For construction, acquisition, expansion, rehabilita6 tion, and conversion of facilities for the training and ad7 ministration of the Air Force Reserve as authorized by 

8 chapter 1803 of title 10, United States Code, and Military 

9 Construction Authorization Acts, $33,620,000, to remain 

10 available until September 30, 2016: Provided, That of the 

11 amount appropriated, not to exceed $2,200,000 shall be 

12 available for study, planning, design, and architect and en13 gineer services, as authorized by law, unless the Secretary 

14 of the Air Force determines that additional obligations are 

15 necessary for such purposes and notifies the Committees on 

16 Appropriations of both Houses of Congress of the determina17 tion and the reasons therefor. 

18 NORTH ATLANTIC TREATY ORGANIZATION

19 SECURITY INVESTMENT PROGRAM

20 For the United States share of the cost of the North 

21 Atlantic Treaty Organization Security Investment Pro22 gram for the acquisition and construction of military facili23 ties and installations (including international military 

24 headquarters) and for related expenses for the collective de25 fense of the North Atlantic Treaty Area as authorized by 
69 

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1 section 2806 of title 10, United States Code, and Military 

2 Construction Authorization Acts, $272,611,000, to remain 

3 available until expended. 

4 FAMILY HOUSING CONSTRUCTION, ARMY

5 For expenses of family housing for the Army for con6 struction, including acquisition, replacement, addition, ex7 pansion, extension, and alteration, as authorized by law, 

8 $186,897,000, to remain available until September 30, 

9 2016. 

10 FAMILY HOUSING OPERATION AND MAINTENANCE, ARMY

11 For expenses of family housing for the Army for oper12 ation and maintenance, including debt payment, leasing, 

13 minor construction, principal and interest charges, and in14 surance premiums, as authorized by law, $494,858,000. 

15 FAMILY HOUSING CONSTRUCTION, NAVY AND MARINE

16 CORPS

17 For expenses of family housing for the Navy and Ma18 rine Corps for construction, including acquisition, replace19 ment, addition, expansion, extension, and alteration, as au20 thorized by law, $100,972,000, to remain available until 

21 September 30, 2016. 

22 FAMILY HOUSING OPERATION AND MAINTENANCE, NAVY

23 AND MARINE CORPS

24 For expenses of family housing for the Navy and Ma25 rine Corps for operation and maintenance, including debt 
70 

•HR 2055 RS

1 payment, leasing, minor construction, principal and inter2 est charges, and insurance premiums, as authorized by law, 

3 $367,863,000. 

4 FAMILY HOUSING CONSTRUCTION, AIR FORCE

5 For expenses of family housing for the Air Force for 

6 construction, including acquisition, replacement, addition, 

7 expansion, extension, and alteration, as authorized by law, 

8 $84,804,000, to remain available until September 30, 2016. 

9 FAMILY HOUSING OPERATION AND MAINTENANCE, AIR

10 FORCE

11 For expenses of family housing for the Air Force for 

12 operation and maintenance, including debt payment, leas13 ing, minor construction, principal and interest charges, 

14 and insurance premiums, as authorized by law, 

15 $404,761,000. 

16 FAMILY HOUSING OPERATION AND MAINTENANCE, 

17 DEFENSE-WIDE

18 For expenses of family housing for the activities and 

19 agencies of the Department of Defense (other than the mili20 tary departments) for operation and maintenance, leasing, 

21 and minor construction, as authorized by law, $50,723,000. 

22 DEPARTMENT OF DEFENSE FAMILY HOUSING

23 IMPROVEMENT FUND

24 For the Department of Defense Family Housing Im25 provement Fund, $2,184,000, to remain available until ex-
71 

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1 pended, for family housing initiatives undertaken pursuant 

2 to section 2883 of title 10, United States Code, providing 

3 alternative means of acquiring and improving military 

4 family housing and supporting facilities. 

5 HOMEOWNERS ASSISTANCE FUND

6 For the Homeowners Assistance Fund established by 

7 section 1013 of the Demonstration Cities and Metropolitan 

8 Development Act of 1966, (42 U.S.C. 3374), as amended 

9 by section 1001 of division A of the American Recovery and 

10 Reinvestment Act of 2009 (Public Law 111–5; 123 Stat. 

11 194), $1,284,000, to remain available until expended. 

12 CHEMICAL DEMILITARIZATION CONSTRUCTION, DEFENSE13 WIDE

14 For expenses of construction, not otherwise provided 

15 for, necessary for the destruction of the United States stock16 pile of lethal chemical agents and munitions in accordance 

17 with section 1412 of the Department of Defense Authoriza18 tion Act, 1986 (50 U.S.C. 1521), and for the destruction 

19 of other chemical warfare materials that are not in the 

20 chemical weapon stockpile, as currently authorized by law, 

21 $75,312,000, to remain available until September 30, 2016, 

22 which shall be only for the Assembled Chemical Weapons 

23 Alternatives program. 
72 

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1 DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 1990 

2 For deposit into the Department of Defense Base Clo3 sure Account 1990, established by section 2906(a)(1) of the 

4 Defense Base Closure and Realignment Act of 1990 (10 

5 U.S.C. 2687 note), $323,543,000, to remain available until 

6 expended. 

7 DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 2005 

8 For deposit into the Department of Defense Base Clo9 sure Account 2005, established by section 2906A(a)(1) of the 

10 Defense Base Closure and Realignment Act of 1990 (10 

11 U.S.C. 2687 note), $258,776,000, to remain available until 

12 expended: Provided, That the Department of Defense shall 

13 notify the Committees on Appropriations of both Houses of 

14 Congress 14 days prior to obligating an amount for a con15 struction project that exceeds or reduces the amount identi16 fied for that project in the most recently submitted budget 

17 request for this account by 20 percent or $2,000,000, which18 ever is less: Provided further, That the previous proviso 

19 shall not apply to projects costing less than $5,000,000, ex20 cept for those projects not previously identified in any budg21 et submission for this account and exceeding the minor con22 struction threshold under section 2805 of title 10, United 

23 States Code. 
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1 ADMINISTRATIVE PROVISIONS

2 SEC. 101. None of the funds made available in this 

3 title shall be expended for payments under a cost-plus-a4 fixed-fee contract for construction, where cost estimates ex5 ceed $25,000, to be performed within the United States, ex6 cept Alaska, without the specific approval in writing of the 

7 Secretary of Defense setting forth the reasons therefor. 

8 SEC. 102. Funds made available in this title for con9 struction shall be available for hire of passenger motor vehi10 cles. 

11 SEC. 103. Funds made available in this title for con12 struction may be used for advances to the Federal Highway 

13 Administration, Department of Transportation, for the con14 struction of access roads as authorized by section 210 of 

15 title 23, United States Code, when projects authorized there16 in are certified as important to the national defense by the 

17 Secretary of Defense. 

18 SEC. 104. None of the funds made available in this 

19 title may be used to begin construction of new bases in the 

20 United States for which specific appropriations have not 

21 been made. 

22 SEC. 105. None of the funds made available in this 

23 title shall be used for purchase of land or land easements 

24 in excess of 100 percent of the value as determined by the 
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1 Army Corps of Engineers or the Naval Facilities Engineer2 ing Command, except: 

3 (1) where there is a determination of value by a 

4 Federal court; 

5 (2) purchases negotiated by the Attorney General 

6 or the designee of the Attorney General; 

7 (3) where the estimated value is less than 

8 $25,000; or 

9 (4) as otherwise determined by the Secretary of 

10 Defense to be in the public interest. 

11 SEC. 106. None of the funds made available in this 

12 title shall be used to: 

13 (1) acquire land; 

14 (2) provide for site preparation; or 

15 (3) install utilities for any family housing, ex16 cept housing for which funds have been made avail17 able in annual Acts making appropriations for mili18 tary construction. 

19 SEC. 107. None of the funds made available in this 

20 title for minor construction may be used to transfer or relo21 cate any activity from one base or installation to another, 

22 without prior notification to the Committees on Appropria23 tions of both Houses of Congress. 

24 SEC. 108. None of the funds made available in this 

25 title may be used for the procurement of steel for any con-
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1 struction project or activity for which American steel pro2 ducers, fabricators, and manufacturers have been denied the 

3 opportunity to compete for such steel procurement. 

4 SEC. 109. None of the funds available to the Depart5 ment of Defense for military construction or family housing 

6 during the current fiscal year may be used to pay real prop7 erty taxes in any foreign nation. 

8 SEC. 110. None of the funds made available in this 

9 title may be used to initiate a new installation overseas 

10 without prior notification to the Committees on Appropria11 tions of both Houses of Congress. 

12 SEC. 111. None of the funds made available in this 

13 title may be obligated for architect and engineer contracts 

14 estimated by the Government to exceed $500,000 for projects 

15 to be accomplished in Japan, in any North Atlantic Treaty 

16 Organization member country, or in countries bordering the 

17 Arabian Sea, unless such contracts are awarded to United 

18 States firms or United States firms in joint venture with 

19 host nation firms. 

20 SEC. 112. None of the funds made available in this 

21 title for military construction in the United States terri22 tories and possessions in the Pacific and on Kwajalein 

23 Atoll, or in countries bordering the Arabian Sea, may be 

24 used to award any contract estimated by the Government 

25 to exceed $1,000,000 to a foreign contractor: Provided, That 
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1 this section shall not be applicable to contract awards for 

2 which the lowest responsive and responsible bid of a United 

3 States contractor exceeds the lowest responsive and respon4 sible bid of a foreign contractor by greater than 20 percent: 

5 Provided further, That this section shall not apply to con6 tract awards for military construction on Kwajalein Atoll 

7 for which the lowest responsive and responsible bid is sub8 mitted by a Marshallese contractor. 

9 SEC. 113. The Secretary of Defense is to inform the 

10 appropriate committees of both Houses of Congress, includ11 ing the Committees on Appropriations, of the plans and 

12 scope of any proposed military exercise involving United 

13 States personnel 30 days prior to its occurring, if amounts 

14 expended for construction, either temporary or permanent, 

15 are anticipated to exceed $100,000. 

16 SEC. 114. Not more than 20 percent of the funds made 

17 available in this title which are limited for obligation dur18 ing the current fiscal year shall be obligated during the last 

19 2 months of the fiscal year. 

20 SEC. 115. Funds appropriated to the Department of 

21 Defense for construction in prior years shall be available 

22 for construction authorized for each such military depart23 ment by the authorizations enacted into law during the cur24 rent session of Congress. 
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1 SEC. 116. For military construction or family housing 

2 projects that are being completed with funds otherwise ex3 pired or lapsed for obligation, expired or lapsed funds may 

4 be used to pay the cost of associated supervision, inspection, 

5 overhead, engineering and design on those projects and on 

6 subsequent claims, if any. 

7 SEC. 117. Notwithstanding any other provision of law, 

8 any funds made available to a military department or de9 fense agency for the construction of military projects may 

10 be obligated for a military construction project or contract, 

11 or for any portion of such a project or contract, at any 

12 time before the end of the fourth fiscal year after the fiscal 

13 year for which funds for such project were made available, 

14 if the funds obligated for such project: 

15 (1) are obligated from funds available for mili16 tary construction projects; and 

17 (2) do not exceed the amount appropriated for 

18 such project, plus any amount by which the cost of 

19 such project is increased pursuant to law. 

20 (INCLUDING TRANSFER OF FUNDS)

21 SEC. 118. In addition to any other transfer authority 

22 available to the Department of Defense, proceeds deposited 

23 to the Department of Defense Base Closure Account estab24 lished by section 207(a)(1) of the Defense Authorization 

25 Amendments and Base Closure and Realignment Act (10 
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1 U.S.C. 2687 note) pursuant to section 207(a)(2)(C) of such 

2 Act, may be transferred to the account established by section 

3 2906(a)(1) of the Defense Base Closure and Realignment 

4 Act of 1990 (10 U.S.C. 2687 note), to be merged with, and 

5 to be available for the same purposes and the same time 

6 period as that account. 

7 (INCLUDING TRANSFER OF FUNDS)

8 SEC. 119. Subject to 30 days prior notification, or 14 

9 days for a notification provided in an electronic medium 

10 pursuant to sections 480 and 2883, of title 10, United 

11 States Code, to the Committees on Appropriations of both 

12 Houses of Congress, such additional amounts as may be de13 termined by the Secretary of Defense may be transferred 

14 to: 

15 (1) the Department of Defense Family Housing 

16 Improvement Fund from amounts appropriated for 

17 construction in ‘‘Family Housing’’ accounts, to be 

18 merged with and to be available for the same purposes 

19 and for the same period of time as amounts appro20 priated directly to the Fund; or 

21 (2) the Department of Defense Military Unac22 companied Housing Improvement Fund from 

23 amounts appropriated for construction of military 

24 unaccompanied housing in ‘‘Military Construction’’ 

25 accounts, to be merged with and to be available for 
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1 the same purposes and for the same period of time as 

2 amounts appropriated directly to the Fund: Provided, 

3 That appropriations made available to the Funds 

4 shall be available to cover the costs, as defined in sec5 tion 502(5) of the Congressional Budget Act of 1974, 

6 of direct loans or loan guarantees issued by the De7 partment of Defense pursuant to the provisions of 

8 subchapter IV of chapter 169 of title 10, United 

9 States Code, pertaining to alternative means of ac10 quiring and improving military family housing, 

11 military unaccompanied housing, and supporting fa12 cilities. 

13 SEC. 120. (a) Not later than 60 days before issuing 

14 any solicitation for a contract with the private sector for 

15 military family housing the Secretary of the military de16 partment concerned shall submit to the Committees on Ap17 propriations of both Houses of Congress the notice described 

18 in subsection (b). 

19 (b)(1) A notice referred to in subsection (a) is a notice 

20 of any guarantee (including the making of mortgage or 

21 rental payments) proposed to be made by the Secretary to 

22 the private party under the contract involved in the event 

23 of— 

24 (A) the closure or realignment of the installation 

25 for which housing is provided under the contract; 
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1 (B) a reduction in force of units stationed at 

2 such installation; or 

3 (C) the extended deployment overseas of units 

4 stationed at such installation. 

5 (2) Each notice under this subsection shall specify the 

6 nature of the guarantee involved and assess the extent and 

7 likelihood, if any, of the liability of the Federal Government 

8 with respect to the guarantee. 

9 (INCLUDING TRANSFER OF FUNDS)

10 SEC. 121. In addition to any other transfer authority 

11 available to the Department of Defense, amounts may be 

12 transferred from the accounts established by sections 

13 2906(a)(1) and 2906A(a)(1) of the Defense Base Closure 

14 and Realignment Act of 1990 (10 U.S.C. 2687 note), to the 

15 fund established by section 1013(d) of the Demonstration 

16 Cities and Metropolitan Development Act of 1966 (42 

17 U.S.C. 3374) to pay for expenses associated with the Home18 owners Assistance Program incurred under 42 U.S.C. 

19 3374(a)(1)(A). Any amounts transferred shall be merged 

20 with and be available for the same purposes and for the 

21 same time period as the fund to which transferred. 

22 SEC. 122. Notwithstanding any other provision of law, 

23 funds made available in this title for operation and mainte24 nance of family housing shall be the exclusive source of 

25 funds for repair and maintenance of all family housing 
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1 units, including general or flag officer quarters: Provided, 

2 That not more than $35,000 per unit may be spent annu3 ally for the maintenance and repair of any general or flag 

4 officer quarters without 30 days prior notification, or 14 

5 days for a notification provided in an electronic medium 

6 pursuant to sections 480 and 2883 of title 10, United States 

7 Code, to the Committees on Appropriations of both Houses 

8 of Congress, except that an after-the-fact notification shall 

9 be submitted if the limitation is exceeded solely due to costs 

10 associated with environmental remediation that could not 

11 be reasonably anticipated at the time of the budget submis12 sion: Provided further, That the Under Secretary of Defense 

13 (Comptroller) is to report annually to the Committees on 

14 Appropriations of both Houses of Congress all operation 

15 and maintenance expenditures for each individual general 

16 or flag officer quarters for the prior fiscal year. 

17 SEC. 123. Amounts contained in the Ford Island Im18 provement Account established by subsection (h) of section 

19 2814 of title 10, United States Code, are appropriated and 

20 shall be available until expended for the purposes specified 

21 in subsection (i)(1) of such section or until transferred pur22 suant to subsection (i)(3) of such section. 

23 SEC. 124. None of the funds made available in this 

24 title, or in any Act making appropriations for military 

25 construction which remain available for obligation, may be 
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1 obligated or expended to carry out a military construction, 

2 land acquisition, or family housing project at or for a mili3 tary installation approved for closure, or at a military in4 stallation for the purposes of supporting a function that has 

5 been approved for realignment to another installation, in 

6 2005 under the Defense Base Closure and Realignment Act 

7 of 1990 (part A of title XXIX of Public Law 101–510; 10 

8 U.S.C. 2687 note), unless such a project at a military in9 stallation approved for realignment will support a con10 tinuing mission or function at that installation or a new 

11 mission or function that is planned for that installation, 

12 or unless the Secretary of Defense certifies that the cost to 

13 the United States of carrying out such project would be less 

14 than the cost to the United States of cancelling such project, 

15 or if the project is at an active component base that shall 

16 be established as an enclave or in the case of projects having 

17 multi-agency use, that another Government agency has in18 dicated it will assume ownership of the completed project. 

19 The Secretary of Defense may not transfer funds made 

20 available as a result of this limitation from any military 

21 construction project, land acquisition, or family housing 

22 project to another account or use such funds for another 

23 purpose or project without the prior approval of the Com24 mittees on Appropriations of both Houses of Congress. This 

25 section shall not apply to military construction projects, 
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1 land acquisition, or family housing projects for which the 

2 project is vital to the national security or the protection 

3 of health, safety, or environmental quality: Provided, That 

4 the Secretary of Defense shall notify the congressional de5 fense committees within seven days of a decision to carry 

6 out such a military construction project. 

7 (INCLUDING TRANSFER OF FUNDS)

8 SEC. 125. During the 5-year period after appropria9 tions available in this Act to the Department of Defense 

10 for military construction and family housing operation and 

11 maintenance and construction have expired for obligation, 

12 upon a determination that such appropriations will not be 

13 necessary for the liquidation of obligations or for making 

14 authorized adjustments to such appropriations for obliga15 tions incurred during the period of availability of such ap16 propriations, unobligated balances of such appropriations 

17 may be transferred into the appropriation ‘‘Foreign Cur18 rency Fluctuations, Construction, Defense’’, to be merged 

19 with and to be available for the same time period and for 

20 the same purposes as the appropriation to which trans21 ferred. 

22 SEC. 126. Amounts appropriated or otherwise made 

23 available in an account funded under the headings in this 

24 title may be transferred among projects and activities with25 in the account in accordance with the reprogramming 
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1 guidelines for military construction and family housing 

2 construction contained in Department of Defense Financial 

3 Management Regulation 7000.14–R, Volume 3, Chapter 7, 

4 of February 2009, as in effect on the date of enactment of 

5 this Act. 

6 TITLE II 

7 DEPARTMENT OF VETERANS AFFAIRS 

8 VETERANS BENEFITS ADMINISTRATION

9 COMPENSATION AND PENSIONS

10 (INCLUDING TRANSFER OF FUNDS)

11 For the payment of compensation benefits to or on be12 half of veterans and a pilot program for disability examina13 tions as authorized by section 107 and chapters 11, 13, 18, 

14 51, 53, 55, and 61 of title 38, United States Code; pension 

15 benefits to or on behalf of veterans as authorized by chapters 

16 15, 51, 53, 55, and 61 of title 38, United States Code; and 

17 burial benefits, the Reinstated Entitlement Program for 

18 Survivors, emergency and other officers’ retirement pay, ad19 justed-service credits and certificates, payment of premiums 

20 due on commercial life insurance policies guaranteed under 

21 the provisions of title IV of the Servicemembers Civil Relief 

22 Act (50 U.S.C. App. 541 et seq.) and for other benefits as 

23 authorized by sections 107, 1312, 1977, and 2106, and 

24 chapters 23, 51, 53, 55, and 61 of title 38, United States 

25 Code, $58,067,319,000, to remain available until expended: 
85 

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1 Provided, That not to exceed $32,187,000 of the amount ap2 propriated under this heading shall be reimbursed to ‘‘Gen3 eral operating expenses, Veterans Benefits Administration’’, 

4 ‘‘Medical support and compliance’’, and ‘‘Information tech5 nology systems’’ for necessary expenses in implementing the 

6 provisions of chapters 51, 53, and 55 of title 38, United 

7 States Code, the funding source for which is specifically 

8 provided as the ‘‘Compensation and pensions’’ appropria9 tion: Provided further, That such sums as may be earned 

10 on an actual qualifying patient basis, shall be reimbursed 

11 to ‘‘Medical care collections fund’’ to augment the funding 

12 of individual medical facilities for nursing home care pro13 vided to pensioners as authorized. 

14 READJUSTMENT BENEFITS

15 For the payment of readjustment and rehabilitation 

16 benefits to or on behalf of veterans as authorized by chapters 

17 21, 30, 31, 33, 34, 35, 36, 39, 51, 53, 55, and 61 of title 

18 38, United States Code, $11,011,086,000, to remain avail19 able until expended: Provided, That expenses for rehabilita20 tion program services and assistance which the Secretary 

21 is authorized to provide under subsection (a) of section 3104 

22 of title 38, United States Code, other than under para23 graphs (1), (2), (5), and (11) of that subsection, shall be 

24 charged to this account. 
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1 VETERANS INSURANCE AND INDEMNITIES

2 For military and naval insurance, national service life 

3 insurance, servicemen’s indemnities, service-disabled vet4 erans insurance, and veterans mortgage life insurance as 

5 authorized by title 38, United States Code, chapters 19 and 

6 21, $100,252,000, to remain available until expended. 

7 VETERANS HOUSING BENEFIT PROGRAM FUND

8 For the cost of direct and guaranteed loans, such sums 

9 as may be necessary to carry out the program, as authorized 

10 by subchapters I through III of chapter 37 of title 38, 

11 United States Code: Provided, That such costs, including 

12 the cost of modifying such loans, shall be as defined in sec13 tion 502 of the Congressional Budget Act of 1974: Provided 

14 further, That during fiscal year 2012, within the resources 

15 available, not to exceed $500,000 in gross obligations for 

16 direct loans are authorized for specially adapted housing 

17 loans. 

18 In addition, for administrative expenses to carry out 

19 the direct and guaranteed loan programs, $154,698,000. 

20 VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT

21 For the cost of direct loans, $19,000, as authorized by 

22 chapter 31 of title 38, United States Code: Provided, That 

23 such costs, including the cost of modifying such loans, shall 

24 be as defined in section 502 of the Congressional Budget 

25 Act of 1974: Provided further, That funds made available 
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•HR 2055 RS

1 under this heading are available to subsidize gross obliga2 tions for the principal amount of direct loans not to exceed 

3 $3,019,000. 

4 In addition, for administrative expenses necessary to 

5 carry out the direct loan program, $343,000, which may 

6 be paid to the appropriation for ‘‘General operating ex7 penses, Veterans Benefits Administration’’. 

8 NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM

9 ACCOUNT

10 For administrative expenses to carry out the direct 

11 loan program authorized by subchapter V of chapter 37 of 

12 title 38, United States Code, $1,116,000. 

13 VETERANS HEALTH ADMINISTRATION

14 MEDICAL SERVICES

15 (INCLUDING TRANSFER OF FUNDS)

16 For necessary expenses for furnishing, as authorized 

17 by law, inpatient and outpatient care and treatment to 

18 beneficiaries of the Department of Veterans Affairs and vet19 erans described in section 1705(a) of title 38, United States 

20 Code, including care and treatment in facilities not under 

21 the jurisdiction of the Department, and including medical 

22 supplies and equipment, food services, and salaries and ex23 penses of health care employees hired under title 38, United 

24 States Code, aid to State homes as authorized by section 

25 1741 of title 38, United States Code, assistance and support 
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1 services for caregivers as authorized by section 1720G of 

2 title 38, United States Code, and loan repayments author3 ized by section 604 of Public Law 111–163; 

4 $41,354,000,000, plus reimbursements, shall become avail5 able on October 1, 2012, and shall remain available until 

6 September 30, 2013: Provided, That notwithstanding any 

7 other provision of law, the Secretary of Veterans Affairs 

8 shall establish a priority for the provision of medical treat9 ment for veterans who have service-connected disabilities, 

10 lower income, or have special needs: Provided further, That, 

11 notwithstanding any other provision of law, the Secretary 

12 of Veterans Affairs shall give priority funding for the provi13 sion of basic medical benefits to veterans in enrollment pri14 ority groups 1 through 6: Provided further, That, notwith15 standing any other provision of law, the Secretary of Vet16 erans Affairs may authorize the dispensing of prescription 

17 drugs from Veterans Health Administration facilities to en18 rolled veterans with privately written prescriptions based 

19 on requirements established by the Secretary: Provided fur20 ther, That the implementation of the program described in 

21 the previous proviso shall incur no additional cost to the 

22 Department of Veterans Affairs. 

23 MEDICAL SUPPORT AND COMPLIANCE

24 For necessary expenses in the administration of the 

25 medical, hospital, nursing home, domiciliary, construction, 
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1 supply, and research activities, as authorized by law; ad2 ministrative expenses in support of capital policy activities; 

3 and administrative and legal expenses of the Department 

4 for collecting and recovering amounts owed the Department 

5 as authorized under chapter 17 of title 38, United States 

6 Code, and the Federal Medical Care Recovery Act (42 

7 U.S.C. 2651 et seq.); $5,746,000,000, plus reimbursements, 

8 shall become available on October 1, 2012, and shall remain 

9 available until September 30, 2013. 

10 MEDICAL FACILITIES

11 For necessary expenses for the maintenance and oper12 ation of hospitals, nursing homes, and domiciliary facilities 

13 and other necessary facilities of the Veterans Health Admin14 istration; for administrative expenses in support of plan15 ning, design, project management, real property acquisition 

16 and disposition, construction, and renovation of any facil17 ity under the jurisdiction or for the use of the Department; 

18 for oversight, engineering, and architectural activities not 

19 charged to project costs; for repairing, altering, improving, 

20 or providing facilities in the several hospitals and homes 

21 under the jurisdiction of the Department, not otherwise pro22 vided for, either by contract or by the hire of temporary 

23 employees and purchase of materials; for leases of facilities; 

24 and for laundry services, $5,441,000,000, plus reimburse-
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1 ments, shall become available on October 1, 2012, and shall 

2 remain available until September 30, 2013. 

3 MEDICAL AND PROSTHETIC RESEARCH

4 For necessary expenses in carrying out programs of 

5 medical and prosthetic research and development as author6 ized by chapter 73 of title 38, United States Code, 

7 $581,000,000, plus reimbursements, shall remain available 

8 until September 30, 2013. 

9 NATIONAL CEMETERY ADMINISTRATION

10 For necessary expenses of the National Cemetery Ad11 ministration for operations and maintenance, not otherwise 

12 provided for, including uniforms or allowances therefor; 

13 cemeterial expenses as authorized by law; purchase of one 

14 passenger motor vehicle for use in cemeterial operations; 

15 hire of passenger motor vehicles; and repair, alteration or 

16 improvement of facilities under the jurisdiction of the Na17 tional Cemetery Administration, $250,934,000, of which 

18 not to exceed $25,100,000 shall remain available until Sep19 tember 30, 2013. 

20 DEPARTMENTAL ADMINISTRATION

21 GENERAL ADMINISTRATION

22 (INCLUDING TRANSFER OF FUNDS)

23 For necessary operating expenses of the Department of 

24 Veterans Affairs, not otherwise provided for, including ad25 ministrative expenses in support of Department-Wide cap-
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1 ital planning, management and policy activities, uniforms, 

2 or allowances therefor; not to exceed $25,000 for official re3 ception and representation expenses; hire of passenger 

4 motor vehicles; and reimbursement of the General Services 

5 Administration for security guard services, $431,257,000, 

6 of which not to exceed $21,562,000 shall remain available 

7 until September 30, 2013: Provided, That $15,000,000 shall 

8 be to increase the Department’s acquisition workforce ca9 pacity and capabilities and may be transferred by the Sec10 retary to any other account in the Department to carry out 

11 the purposes provided therein: Provided further, That funds 

12 provided under this heading may be transferred to ‘‘General 

13 operating expenses, Veterans Benefits Administration’’. 

14 GENERAL OPERATING EXPENSES, VETERANS BENEFITS

15 ADMINISTRATION

16 For necessary operating expenses of the Veterans Bene17 fits Administration, not otherwise provided for, including 

18 hire of passenger motor vehicles, and reimbursement of the 

19 Department of Defense for the cost of overseas employee 

20 mail, $2,018,764,000: Provided, That expenses for services 

21 and assistance authorized under paragraphs (1), (2), (5), 

22 and (11) of section 3104(a) of title 38, United States Code, 

23 that the Secretary of Veterans Affairs determines are nec24 essary to enable entitled veterans: (1) to the maximum ex25 tent feasible, to become employable and to obtain and main-
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1 tain suitable employment; or (2) to achieve maximum inde2 pendence in daily living, shall be charged to this account: 

3 Provided further, That of the funds made available under 

4 this heading, not to exceed $105,000,000 shall remain avail5 able until September 20, 2013: Provided further, That from 

6 the funds made available under this heading, the Veterans 

7 Benefits Administration may purchase (on a one-for-one re8 placement basis only) up to two passenger motor vehicles 

9 for use in operations of that Administration in Manila, 

10 Philippines. 

11 INFORMATION TECHNOLOGY SYSTEMS

12 For necessary expenses for information technology sys13 tems and telecommunications support, including develop14 mental information systems and operational information 

15 systems; for pay and associated costs; and for the capital 

16 asset acquisition of information technology systems, includ17 ing management and related contractual costs of said ac18 quisitions, including contractual costs associated with oper19 ations authorized by section 3109 of title 5, United States 

20 Code, $3,161,376,000, plus reimbursements: Provided, That 

21 $915,000,000 shall be for pay and associated costs, of which 

22 not to exceed $25,000,000 shall remain available until Sep23 tember 30, 2013: Provided further, That $1,709,953,000 

24 shall be for operations and maintenance as designated in 

25 the President’s 2012 budget justification, of which not to 
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1 exceed $110,000,000 shall remain available until September 

2 30, 2013: Provided further, That $536,423,000 shall be for 

3 information technology systems development, moderniza4 tion, and enhancement as designated in the President’s 

5 2012 budget justification, and shall remain available until 

6 September 30, 2013: Provided further, That none of the 

7 funds made available under this heading may be obligated 

8 until the Department of Veterans Affairs submits to the 

9 Committees on Appropriations of both Houses of Congress, 

10 and such Committees approve, a plan for expenditure that: 

11 (1) meets the capital planning and investment 

12 control review requirements established by the Office 

13 of Management and Budget; 

14 (2) complies with the Department of Veterans Af15 fairs enterprise architecture; 

16 (3) conforms with an established enterprise life 

17 cycle methodology; and 

18 (4) complies with the acquisition rules, require19 ments, guidelines, and systems acquisition manage20 ment practices of the Federal Government: Provided 

21 further, That amounts made available for information 

22 technology systems development, modernization, and 

23 enhancement may not be obligated or expended until 

24 the Secretary of Veterans Affairs or the Chief Infor25 mation Officer of the Department of Veterans Affairs 
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•HR 2055 RS

1 submits to the Committees on Appropriations of both 

2 Houses of Congress a certification of the amounts, in 

3 parts or in full, to be obligated and expended for each 

4 development project: Provided further, That amounts 

5 made available for salaries and expenses, operations 

6 and maintenance, and information technology sys7 tems development, modernization, and enhancement 

8 may be transferred among the three subaccounts after 

9 the Secretary of Veterans Affairs requests from the 

10 Committees on Appropriations of both Houses of Con11 gress the authority to make the transfer and an ap12 proval is issued: Provided further, That the funds 

13 made available under this heading for information 

14 technology systems development, modernization, and 

15 enhancement, shall be for the projects and in the 

16 amounts, specified under this heading in the report 

17 accompanying this Act. 

18 OFFICE OF INSPECTOR GENERAL

19 For necessary expenses of the Office of Inspector Gen20 eral, to include information technology, in carrying out the 

21 provisions of the Inspector General Act of 1978 (5 U.S.C. 

22 App.), $112,391,000, of which $6,600,000 shall remain 

23 available until September 30, 2013. 
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1 CONSTRUCTION, MAJOR PROJECTS

2 For constructing, altering, extending, and improving 

3 any of the facilities, including parking projects, under the 

4 jurisdiction or for the use of the Department of Veterans 

5 Affairs, or for any of the purposes set forth in sections 316, 

6 2404, 2406, 8102, 8103, 8106, 8108, 8109, 8110, and 8122 

7 of title 38, United States Code, including planning, archi8 tectural and engineering services, construction management 

9 services, maintenance or guarantee period services costs as10 sociated with equipment guarantees provided under the 

11 project, services of claims analysts, offsite utility and storm 

12 drainage system construction costs, and site acquisition, 

13 where the estimated cost of a project is more than the 

14 amount set forth in section 8104(a)(3)(A) of title 38, United 

15 States Code, or where funds for a project were made avail16 able in a previous major project appropriation, 

17 $589,604,000, to remain available until expended, of which 

18 $5,000,000 shall be to make reimbursements as provided in 

19 section 13 of the Contract Disputes Act of 1978 (41 U.S.C. 

20 612) for claims paid for contract disputes: Provided, That 

21 except for advance planning activities, including needs as22 sessments which may or may not lead to capital invest23 ments, and other capital asset management related activi24 ties, including portfolio development and management ac25 tivities, and investment strategy studies funded through the 
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1 advance planning fund and the planning and design activi2 ties funded through the design fund, including needs assess3 ments which may or may not lead to capital investments, 

4 and salaries and associated costs of the resident engineers 

5 who oversee those capital investments funded through this 

6 account, and funds provided for the purchase of land for 

7 the National Cemetery Administration through the land ac8 quisition line item, none of the funds made available under 

9 this heading shall be used for any project which has not 

10 been approved by the Congress in the budgetary process: 

11 Provided further, That funds made available under this 

12 heading for fiscal year 2012, for each approved project shall 

13 be obligated: 

14 (1) by the awarding of a construction documents 

15 contract by September 30, 2012; and 

16 (2) by the awarding of a construction contract 

17 by September 30, 2013: Provided further, That the 

18 Secretary of Veterans Affairs shall promptly submit 

19 to the Committees on Appropriations of both Houses 

20 of Congress a written report on any approved major 

21 construction project for which obligations are not in22 curred within the time limitations established above. 

23 CONSTRUCTION, MINOR PROJECTS

24 For constructing, altering, extending, and improving 

25 any of the facilities, including parking projects, under the 
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1 jurisdiction or for the use of the Department of Veterans 

2 Affairs, including planning and assessments of needs which 

3 may lead to capital investments, architectural and engi4 neering services, maintenance or guarantee period services 

5 costs associated with equipment guarantees provided under 

6 the project, services of claims analysts, offsite utility and 

7 storm drainage system construction costs, and site acquisi8 tion, or for any of the purposes set forth in sections 316, 

9 2404, 2406, 8102, 8103, 8106, 8108, 8109, 8110, 8122, and 

10 8162 of title 38, United States Code, where the estimated 

11 cost of a project is equal to or less than the amount set 

12 forth in section 8104(a)(3)(A) of title 38, United States 

13 Code, $550,091,000, to remain available until expended, 

14 along with unobligated balances of previous ‘‘Construction, 

15 minor projects’’ appropriations which are hereby made 

16 available for any project where the estimated cost is equal 

17 to or less than the amount set forth in such section: Pro18 vided, That funds made available under this heading shall 

19 be for: 

20 (1) repairs to any of the nonmedical facilities 

21 under the jurisdiction or for the use of the Depart22 ment which are necessary because of loss or damage 

23 caused by any natural disaster or catastrophe; and 

24 (2) temporary measures necessary to prevent or 

25 to minimize further loss by such causes. 
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1 GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE

2 FACILITIES

3 For grants to assist States to acquire or construct 

4 State nursing home and domiciliary facilities and to re5 model, modify, or alter existing hospital, nursing home, and 

6 domiciliary facilities in State homes, for furnishing care 

7 to veterans as authorized by sections 8131 through 8137 of 

8 title 38, United States Code, $85,000,000, to remain avail9 able until expended. 

10 GRANTS FOR CONSTRUCTION OF VETERANS CEMETERIES

11 For grants to assist States and tribal governments in 

12 establishing, expanding, or improving veterans cemeteries 

13 as authorized by section 2408 of title 38, United States 

14 Code, $46,000,000, to remain available until expended. 

15 ADMINISTRATIVE PROVISIONS

16 (INCLUDING TRANSFER OF FUNDS)

17 SEC. 201. Any appropriation for fiscal year 2012 for 

18 ‘‘Compensation and pensions’’, ‘‘Readjustment benefits’’, 

19 and ‘‘Veterans insurance and indemnities’’ may be trans20 ferred as necessary to any other of the mentioned appro21 priations: Provided, That before a transfer may take place, 

22 the Secretary of Veterans Affairs shall request from the 

23 Committees on Appropriations of both Houses of Congress 

24 the authority to make the transfer and such Committees 
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1 issue an approval, or absent a response, a period of 30 days 

2 has elapsed. 

3 (INCLUDING TRANSFER OF FUNDS)

4 SEC. 202. Amounts made available for the Department 

5 of Veterans Affairs for fiscal year 2012, in this Act or any 

6 other Act, under the ‘‘Medical services’’, ‘‘Medical support 

7 and compliance’’, and ‘‘Medical facilities’’ accounts may be 

8 transferred among the accounts: Provided, That any trans9 fers between the ‘‘Medical services’’ and ‘‘Medical support 

10 and compliance’’ accounts of 1 percent or less of the total 

11 amount appropriated to the account in this or any other 

12 Act may take place subject to notification from the Sec13 retary of Veterans Affairs to the Committees on Appropria14 tions of both Houses of Congress of the amount and purpose 

15 of the transfer: Provided further, That any transfers be16 tween the ‘‘Medical services’’ and ‘‘Medical support and 

17 compliance’’ accounts in excess of 1 percent, or exceeding 

18 the cumulative 1 percent for the fiscal year, may take place 

19 only after the Secretary requests from the Committees on 

20 Appropriations of both Houses of Congress the authority to 

21 make the transfer and an approval is issued: Provided fur22 ther, That any transfers to or from the ‘‘Medical facilities’’ 

23 account may take place only after the Secretary requests 

24 from the Committees on Appropriations of both Houses of 
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1 Congress the authority to make the transfer and an ap2 proval is issued. 

3 SEC. 203. Appropriations available in this title for sal4 aries and expenses shall be available for services authorized 

5 by section 3109 of title 5, United States Code, hire of pas6 senger motor vehicles; lease of a facility or land or both; 

7 and uniforms or allowances therefore, as authorized by sec8 tions 5901 through 5902 of title 5, United States Code. 

9 SEC. 204. No appropriations in this title (except the 

10 appropriations for ‘‘Construction, major projects’’, and 

11 ‘‘Construction, minor projects’’) shall be available for the 

12 purchase of any site for or toward the construction of any 

13 new hospital or home. 

14 SEC. 205. No appropriations in this title shall be 

15 available for hospitalization or examination of any persons 

16 (except beneficiaries entitled to such hospitalization or ex17 amination under the laws providing such benefits to vet18 erans, and persons receiving such treatment under sections 

19 7901 through 7904 of title 5, United States Code, or the 

20 Robert T. Stafford Disaster Relief and Emergency Assist21 ance Act (42 U.S.C. 5121 et seq.)), unless reimbursement 

22 of the cost of such hospitalization or examination is made 

23 to the ‘‘Medical services’’ account at such rates as may be 

24 fixed by the Secretary of Veterans Affairs. 
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1 SEC. 206. Appropriations available in this title for 

2 ‘‘Compensation and pensions’’, ‘‘Readjustment benefits’’, 

3 and ‘‘Veterans insurance and indemnities’’ shall be avail4 able for payment of prior year accrued obligations required 

5 to be recorded by law against the corresponding prior year 

6 accounts within the last quarter of fiscal year 2011. 

7 SEC. 207. Appropriations available in this title shall 

8 be available to pay prior year obligations of corresponding 

9 prior year appropriations accounts resulting from sections 

10 3328(a), 3334, and 3712(a) of title 31, United States Code, 

11 except that if such obligations are from trust fund accounts 

12 they shall be payable only from ‘‘Compensation and pen13 sions’’. 

14 (INCLUDING TRANSFER OF FUNDS)

15 SEC. 208. Notwithstanding any other provision of law, 

16 during fiscal year 2012, the Secretary of Veterans Affairs 

17 shall, from the National Service Life Insurance Fund under 

18 section 1920 of title 38, United States Code, the Veterans’ 

19 Special Life Insurance Fund under section 1923 of title 38, 

20 United States Code, and the United States Government Life 

21 Insurance Fund under section 1955 of title 38, United 

22 States Code, reimburse the ‘‘General operating expenses, 

23 Veterans Benefits Administration’’ and ‘‘Information tech24 nology systems’’ accounts for the cost of administration of 

25 the insurance programs financed through those accounts: 
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1 Provided, That reimbursement shall be made only from the 

2 surplus earnings accumulated in such an insurance pro3 gram during fiscal year 2012 that are available for divi4 dends in that program after claims have been paid and ac5 tuarially determined reserves have been set aside: Provided 

6 further, That if the cost of administration of such an insur7 ance program exceeds the amount of surplus earnings accu8 mulated in that program, reimbursement shall be made 

9 only to the extent of such surplus earnings: Provided fur10 ther, That the Secretary shall determine the cost of adminis11 tration for fiscal year 2012 which is properly allocable to 

12 the provision of each such insurance program and to the 

13 provision of any total disability income insurance included 

14 in that insurance program. 

15 SEC. 209. Amounts deducted from enhanced-use lease 

16 proceeds to reimburse an account for expenses incurred by 

17 that account during a prior fiscal year for providing en18 hanced-use lease services, may be obligated during the fiscal 

19 year in which the proceeds are received. 

20 (INCLUDING TRANSFER OF FUNDS)

21 SEC. 210. Funds available in this title or funds for 

22 salaries and other administrative expenses shall also be 

23 available to reimburse the Office of Resolution Management 

24 of the Department of Veterans Affairs and the Office of Em25 ployment Discrimination Complaint Adjudication under 
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1 section 319 of title 38, United States Code, for all services 

2 provided at rates which will recover actual costs but not 

3 exceed $42,904,000 for the Office of Resolution Management 

4 and $3,360,000 for the Office of Employment and Discrimi5 nation Complaint Adjudication: Provided, That payments 

6 may be made in advance for services to be furnished based 

7 on estimated costs: Provided further, That amounts received 

8 shall be credited to the ‘‘General administration’’ and ‘‘In9 formation technology systems’’ accounts for use by the office 

10 that provided the service. 

11 SEC. 211. No appropriations in this title shall be 

12 available to enter into any new lease of real property if 

13 the estimated annual rental cost is more than $1,000,000, 

14 unless the Secretary submits a report which the Committees 

15 on Appropriations of both Houses of Congress approve with16 in 30 days following the date on which the report is re17 ceived. 

18 SEC. 212. No funds of the Department of Veterans Af19 fairs shall be available for hospital care, nursing home care, 

20 or medical services provided to any person under chapter 

21 17 of title 38, United States Code, for a non-service-con22 nected disability described in section 1729(a)(2) of such 

23 title, unless that person has disclosed to the Secretary of 

24 Veterans Affairs, in such form as the Secretary may require, 

25 current, accurate third-party reimbursement information 
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1 for purposes of section 1729 of such title: Provided, That 

2 the Secretary may recover, in the same manner as any other 

3 debt due the United States, the reasonable charges for such 

4 care or services from any person who does not make such 

5 disclosure as required: Provided further, That any amounts 

6 so recovered for care or services provided in a prior fiscal 

7 year may be obligated by the Secretary during the fiscal 

8 year in which amounts are received. 

9 (INCLUDING TRANSFER OF FUNDS)

10 SEC. 213. Notwithstanding any other provision of law, 

11 proceeds or revenues derived from enhanced-use leasing ac12 tivities (including disposal) may be deposited into the 

13 ‘‘Construction, major projects’’ and ‘‘Construction, minor 

14 projects’’ accounts and be used for construction (including 

15 site acquisition and disposition), alterations, and improve16 ments of any medical facility under the jurisdiction or for 

17 the use of the Department of Veterans Affairs. Such sums 

18 as realized are in addition to the amount provided for in 

19 ‘‘Construction, major projects’’ and ‘‘Construction, minor 

20 projects’’. 

21 SEC. 214. Amounts made available under ‘‘Medical 

22 services’’ are available— 

23 (1) for furnishing recreational facilities, sup24 plies, and equipment; and 
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1 (2) for funeral expenses, burial expenses, and 

2 other expenses incidental to funerals and burials for 

3 beneficiaries receiving care in the Department. 

4 (INCLUDING TRANSFER OF FUNDS)

5 SEC. 215. Such sums as may be deposited to the Med6 ical Care Collections Fund pursuant to section 1729A of 

7 title 38, United States Code, may be transferred to ‘‘Medical 

8 services’’, to remain available until expended for the pur9 poses of that account. 

10 SEC. 216. The Secretary of Veterans Affairs may enter 

11 into agreements with Indian tribes and tribal organizations 

12 which are party to the Alaska Native Health Compact with 

13 the Indian Health Service, and Indian tribes and tribal 

14 organizations serving rural Alaska which have entered into 

15 contracts with the Indian Health Service under the Indian 

16 Self Determination and Educational Assistance Act, to pro17 vide healthcare, including behavioral health and dental 

18 care. The Secretary shall require participating veterans and 

19 facilities to comply with all appropriate rules and regula20 tions, as established by the Secretary. The term ‘‘rural Alas21 ka’’ shall mean those lands sited within the external bound22 aries of the Alaska Native regions specified in sections 

23 7(a)(1)–(4) and (7)–(12) of the Alaska Native Claims Set24 tlement Act, as amended (43 U.S.C. 1606), and those lands 

25 within the Alaska Native regions specified in sections 
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1 7(a)(5) and 7(a)(6) of the Alaska Native Claims Settlement 

2 Act, as amended (43 U.S.C. 1606), which are not within 

3 the boundaries of the Municipality of Anchorage, the Fair4 banks North Star Borough, the Kenai Peninsula Borough 

5 or the Matanuska Susitna Borough. 

6 (INCLUDING TRANSFER OF FUNDS)

7 SEC. 217. Such sums as may be deposited to the De8 partment of Veterans Affairs Capital Asset Fund pursuant 

9 to section 8118 of title 38, United States Code, may be 

10 transferred to the ‘‘Construction, major projects’’ and ‘‘Con11 struction, minor projects’’ accounts, to remain available 

12 until expended for the purposes of these accounts. 

13 SEC. 218. None of the funds made available in this 

14 title may be used to implement any policy prohibiting the 

15 Directors of the Veterans Integrated Services Networks from 

16 conducting outreach or marketing to enroll new veterans 

17 within their respective Networks. 

18 SEC. 219. The Secretary of Veterans Affairs shall sub19 mit to the Committees on Appropriations of both Houses 

20 of Congress a quarterly report on the financial status of 

21 the Veterans Health Administration. 

22 (INCLUDING TRANSFER OF FUNDS)

23 SEC. 220. Amounts made available under the ‘‘Medical 

24 services’’, ‘‘Medical support and compliance’’, ‘‘Medical fa25 cilities’’, ‘‘General operating expenses, Veterans Benefits 
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1 Administration’’, ‘‘General administration’’, and ‘‘Na2 tional cemetery administration’’ accounts for fiscal year 

3 2012, may be transferred to or from the ‘‘Information tech4 nology systems’’ account: Provided, That before a transfer 

5 may take place, the Secretary of Veterans Affairs shall re6 quest from the Committees on Appropriations of both 

7 Houses of Congress the authority to make the transfer and 

8 an approval is issued. 

9 (INCLUDING TRANSFER OF FUNDS)

10 SEC. 221. Amounts made available for the ‘‘Informa11 tion technology systems’’ account for development, mod12 ernization, and enhancement may be transferred between 

13 projects or to newly defined projects: Provided, That no 

14 project may be increased or decreased by more than 

15 $1,000,000 of cost prior to submitting a request to the Com16 mittees on Appropriations of both Houses of Congress to 

17 make the transfer and an approval is issued, or absent a 

18 response, a period of 30 days has elapsed. 

19 SEC. 222. None of the funds appropriated or otherwise 

20 made available by this Act or any other Act for the Depart21 ment of Veterans Affairs may be used in a manner that 

22 is inconsistent with— 

23 (1) section 842 of the Transportation, Treasury, 

24 Housing and Urban Development, the Judiciary, the 

25 District of Columbia, and Independent Agencies Ap-
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1 propriations Act, 2006 (Public Law 109–115; 119 

2 Stat. 2506); or 

3 (2) section 8110(a)(5) of title 38, United States 

4 Code. 

5 SEC. 223. Of the amounts made available to the De6 partment of Veterans Affairs for fiscal year 2012, in this 

7 Act or any other Act, under the ‘‘Medical facilities’’ account 

8 for nonrecurring maintenance, not more than 20 percent 

9 of the funds made available shall be obligated during the 

10 last 2 months of that fiscal year: Provided, That the Sec11 retary may waive this requirement after providing written 

12 notice to the Committees on Appropriations of both Houses 

13 of Congress. 

14 (INCLUDING TRANSFER OF FUNDS)

15 SEC. 224. Of the amounts appropriated to the Depart16 ment of Veterans Affairs for fiscal year 2011 for ‘‘Medical 

17 services’’, ‘‘Medical support and compliance’’, ‘‘Medical fa18 cilities’’, ‘‘Construction, minor projects’’, and ‘‘Information 

19 technology systems’’, up to $241,666,000, plus reimburse20 ments, may be transferred to the Joint Department of De21 fense-Department of Veterans Affairs Medical Facility 

22 Demonstration Fund, established by section 1704 of title 

23 XVII of the National Defense Authorization Act for Fiscal 

24 Year 2010 (Public Law 111–84; 123 Stat. 3571) and may 

25 be used for operation of the facilities designated as combined 
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1 Federal medical facilities as described by section 706 of the 

2 Duncan Hunter National Defense Authorization Act for 

3 Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4500): 

4 Provided, That additional funds may be transferred from 

5 accounts designated in this section to the Joint Department 

6 of Defense-Department of Veterans Affairs Medical Facility 

7 Demonstration Fund upon written notification by the Sec8 retary of Veterans Affairs to the Committees on Appropria9 tions of both Houses of Congress. 

10 (INCLUDING TRANSFER OF FUNDS)

11 SEC. 225. Such sums as may be deposited to the Med12 ical Care Collections Fund pursuant to section 1729A of 

13 title 38, United States Code, for healthcare provided at fa14 cilities designated as combined Federal medical facilities as 

15 described by section 706 of the Duncan Hunter National 

16 Defense Authorization Act for Fiscal Year 2009 (Public 

17 Law 110–417; 122 Stat. 4500) shall also be available: 

18 (1) for transfer to the Joint Department of De19 fense-Department of Veterans Affairs Medical Facility 

20 Demonstration Fund, established by section 1704 of 

21 title XVII of the National Defense Authorization Act 

22 for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 

23 3571); and 

24 (2) for operations of the facilities designated as 

25 combined Federal medical facilities as described by 
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1 section 706 of the Duncan Hunter National Defense 

2 Authorization Act for Fiscal Year 2009 (Public Law 

3 110–417; 122 Stat. 4500). 

4 (INCLUDING TRANSFER OF FUNDS)

5 SEC. 226. Of the amounts available in this title for 

6 ‘‘Medical services’’, ‘‘Medical support and compliance’’, and 

7 ‘‘Medical facilities’’, a minimum of $15,000,000, shall be 

8 transferred to the Department of Defense/Department of 

9 Veterans Affairs Health Care Sharing Incentive Fund, as 

10 authorized by section 8111(d) of title 38, United States 

11 Code, to remain available until expended, for any purpose 

12 authorized by section 8111 of title 38, United States Code. 

13 (INCLUDING RESCISSION OF FUNDS)

14 SEC. 227. (a) Of the funds appropriated in title X of 

15 division B of Public Law 112–10, the following amounts 

16 which will become available on October 1, 2011, are hereby 

17 rescinded from the following accounts in the amounts speci18 fied: 

19 (1) ‘‘Department of Veterans Affairs, Medical 

20 services’’, $1,400,000,000. 

21 (2) ‘‘Department of Veterans Affairs, Medical 

22 support and compliance’’, $100,000,000. 

23 (3) ‘‘Department of Veterans Affairs, Medical fa24 cilities’’, $250,000,000. 
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1 (b) In addition to amounts provided elsewhere in this 

2 Act, an additional amount is appropriated to the following 

3 accounts in the amounts specified, to become available on 

4 October 1, 2011, and to remain available until September 

5 30, 2013: 

6 (1) ‘‘Department of Veterans Affairs, Medical 

7 services’’, $1,400,000,000. 

8 (2) ‘‘Department of Veterans Affairs, Medical 

9 support and compliance’’, $100,000,000. 

10 (3) ‘‘Department of Veterans Affairs, Medical fa11 cilities’’, $250,000,000. 

12 SEC. 228. The Secretary of the Department of Veterans 

13 Affairs shall notify the Committees on Appropriations of 

14 both Houses of Congress of all bid savings in major con15 struction projects that total at least $5,000,000, or 5 percent 

16 of the programmed amount of the project, whichever is less: 

17 Provided, That such notification shall occur within 14 days 

18 of a contract identifying the programmed amount: Provided 

19 further, That the Secretary shall notify the committees 14 

20 days prior to the obligation of such bid savings and shall 

21 describe the anticipated use of such savings. 

22 SEC. 229. The scope of work for a project included in 

23 ‘‘Construction, major projects’’ may not be increased above 

24 the scope specified for that project in the original justifica-
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1 tion data provided to the Congress as part of the request 

2 for appropriations. 

3 TITLE III 

4 RELATED AGENCIES 

5 AMERICAN BATTLE MONUMENTS COMMISSION

6 SALARIES AND EXPENSES

7 For necessary expenses, not otherwise provided for, of 

8 the American Battle Monuments Commission, including the 

9 acquisition of land or interest in land in foreign countries; 

10 purchases and repair of uniforms for caretakers of national 

11 cemeteries and monuments outside of the United States and 

12 its territories and possessions; rent of office and garage 

13 space in foreign countries; purchase (one-for-one replace14 ment basis only) and hire of passenger motor vehicles; not 

15 to exceed $7,500 for official reception and representation 

16 expenses; and insurance of official motor vehicles in foreign 

17 countries, when required by law of such countries, 

18 $61,100,000, to remain available until expended. 

19 FOREIGN CURRENCY FLUCTUATIONS ACCOUNT

20 For necessary expenses, not otherwise provided for, of 

21 the American Battle Monuments Commission, such sums as 

22 may be necessary, to remain available until expended, for 

23 purposes authorized by section 2109 of title 36, United 

24 States Code. 
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1 UNITED STATES COURT OF APPEALS FOR VETERANS

2 CLAIMS

3 SALARIES AND EXPENSES

4 For necessary expenses for the operation of the United 

5 States Court of Appeals for Veterans Claims as authorized 

6 by sections 7251 through 7298 of title 38, United States 

7 Code, $30,770,000: Provided, That $2,726,323 shall be 

8 available for the purpose of providing financial assistance 

9 as described, and in accordance with the process and report10 ing procedures set forth, under this heading in Public Law 

11 102–229. 

12 DEPARTMENT OF DEFENSE—CIVIL

13 CEMETERIAL EXPENSES, ARMY

14 SALARIES AND EXPENSES

15 For necessary expenses, as authorized by law, for 

16 maintenance, operation, and improvement of Arlington Na17 tional Cemetery and Soldiers’ and Airmen’s Home Na18 tional Cemetery, including the purchase of two passenger 

19 motor vehicles for replacement only, and not to exceed 

20 $1,000 for official reception and representation expenses, 

21 $45,800,000, to remain available until expended: Provided, 

22 That none of the funds available under this heading shall 

23 be for construction of a perimeter wall at Arlington Na24 tional Cemetery. In addition, such sums as may be nec25 essary for parking maintenance, repairs and replacement, 
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1 to be derived from the Lease of Department of Defense Real 

2 Property for Defense Agencies account. 

3 Funds appropriated under this Act may be provided 

4 to Arlington County, Virginia, for the relocation of the fed5 erally owned water main at Arlington National Cemetery 

6 making additional land available for ground burials. 

7 ARMED FORCES RETIREMENT HOME

8 TRUST FUND

9 For expenses necessary for the Armed Forces Retire10 ment Home to operate and maintain the Armed Forces Re11 tirement Home—Washington, District of Columbia, and the 

12 Armed Forces Retirement Home—Gulfport, Mississippi, to 

13 be paid from funds available in the Armed Forces Retire14 ment Home Trust Fund, $67,700,000, of which $2,000,000 

15 shall remain available until expended for construction and 

16 renovation of the physical plants at the Armed Forces Re17 tirement Home—Washington, District of Columbia, and the 

18 Armed Forces Retirement Home—Gulfport, Mississippi. 

19 TITLE IV 

20 GENERAL PROVISIONS 

21 SEC. 401. No part of any appropriation contained in 

22 this Act shall remain available for obligation beyond the 

23 current fiscal year unless expressly so provided herein. 
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1 SEC. 402. Such sums as may be necessary for fiscal 

2 year 2012 for pay raises for programs funded by this Act 

3 shall be absorbed within the levels appropriated in this Act. 

4 SEC. 403. None of the funds made available in this 

5 Act may be used for any program, project, or activity, when 

6 it is made known to the Federal entity or official to which 

7 the funds are made available that the program, project, or 

8 activity is not in compliance with any Federal law relating 

9 to risk assessment, the protection of private property rights, 

10 or unfunded mandates. 

11 SEC. 404. No part of any funds appropriated in this 

12 Act shall be used by an agency of the executive branch, other 

13 than for normal and recognized executive-legislative rela14 tionships, for publicity or propaganda purposes, and for 

15 the preparation, distribution, or use of any kit, pamphlet, 

16 booklet, publication, radio, television, or film presentation 

17 designed to support or defeat legislation pending before 

18 Congress, except in presentation to Congress itself. 

19 SEC. 405. All departments and agencies funded under 

20 this Act are encouraged, within the limits of the existing 

21 statutory authorities and funding, to expand their use of 

22 ‘‘E-Commerce’’ technologies and procedures in the conduct 

23 of their business practices and public service activities. 

24 SEC. 406. None of the funds made available in this 

25 Act may be transferred to any department, agency, or in-
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•HR 2055 RS

1 strumentality of the United States Government except pur2 suant to a transfer made by, or transfer authority provided 

3 in, this or any other appropriations Act. 

4 SEC. 407. Unless stated otherwise, all reports and noti5 fications required by this Act shall be submitted to the Sub6 committee on Military Construction and Veterans Affairs, 

7 and Related Agencies of the Committee on Appropriations 

8 of the House of Representatives and the Subcommittee on 

9 Military Construction and Veterans Affairs, and Related 

10 Agencies of the Committee on Appropriations of the Senate. 

11 SEC. 408. (a) Any agency receiving funds made avail12 able in this Act, shall, subject to subsections (b) and (c), 

13 post on the public website of that agency any report re14 quired to be submitted by the Congress in this or any other 

15 Act, upon the determination by the head of the agency that 

16 it shall serve the national interest. 

17 (b) Subsection (a) shall not apply to a report if— 

18 (1) the public posting of the report compromises 

19 national security; or 

20 (2) the report contains confidential or propri21 etary information. 

22 (c) The head of the agency posting such report shall 

23 do so only after such report has been made available to the 

24 requesting Committee or Committees of Congress for no less 

25 than 45 days. 
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1 SEC. 409. (a) IN GENERAL.—None of the funds appro2 priated or otherwise made available to the Department of 

3 Defense in this Act may be used to construct, renovate, or 

4 expand any facility in the United States, its territories, or 

5 possessions to house any individual detained at United 

6 States Naval Station, Guantanamo Bay, Cuba, for the pur7 poses of detention or imprisonment in the custody or under 

8 the control of the Department of Defense unless authorized 

9 by Congress. 

10 (b) EXCEPTION.—The prohibition in subsection (a) 

11 shall not apply to any modification of facilities at United 

12 States Naval Station, Guantanamo Bay, Cuba. 

13 This Act may be cited as the ‘‘Military Construction 

14 and Veterans Affairs, and Related Agencies Appropriations 

15 Act, 2012’’. 
Calendar No. 91 

112TH CONGRESS 

1ST SESSION H. R. 2055 

[Report No. 112–29] 

AN ACT 

Making appropriations for military construction, 

2012, and for other purposes. agencies for the fiscal year ending September 30, the Department of Veterans Affairs, and related 

JUNE 15, 2011 

Received; read twice and referred to the Committee on 

J

Appropriations 

UNE 30, 2011 

Reported with an amendment