IIB 

112TH CONGRESS 

1ST SESSION H. R. 2055 

IN THE SENATE OF THE UNITED STATES 

JUNE 15, 2011 

Received; read twice and referred to the Committee on Appropriations 

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. 


emcdonald on DSK2BSOYB1PROD with BILLS
2 

HR 2055 RFS

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: 

8 TITLE I 

9 DEPARTMENT OF DEFENSE 

10 MILITARY CONSTRUCTION, ARMY

11 (INCLUDING RESCISSION OF FUNDS)

12 For acquisition, construction, installation, and equip13 ment of temporary or permanent public works, military 

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

15 currently authorized by law, including personnel in the 

16 Army Corps of Engineers and other personal services nec17 essary for the purposes of this appropriation, and for con18 struction and operation of facilities in support of the func19 tions of the Commander in Chief, $3,141,491,000, to re20 main available until September 30, 2016: Provided, That 

21 of this amount, not to exceed $255,241,000 shall be avail22 able for study, planning, design, architect and engineer 

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

24 unless the Secretary of Army determines that additional 

25 obligations are necessary for such purposes and notifies 


emcdonald on DSK2BSOYB1PROD with BILLS
3 

HR 2055 RFS

1 the Committees on Appropriations of both Houses of Con2 gress of the determination and the reasons therefor: Pro3 vided further, That of the unobligated balances available 

4 for ‘‘Military Construction, Army’’ from prior appropria5 tions Acts (other than appropriations designated by law 

6 as being for contingency operations directly related to the 

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

8 $100,000,000 are hereby rescinded. 

9 MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

10 (INCLUDING RESCISSION OF FUNDS)

11 For acquisition, construction, installation, and equip12 ment of temporary or permanent public works, naval in13 stallations, facilities, and real property for the Navy and 

14 Marine Corps as currently authorized by law, including 

15 personnel in the Naval Facilities Engineering Command 

16 and other personal services necessary for the purposes of 

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

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

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

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

21 authorized by law, unless the Secretary of the Navy deter22 mines that additional obligations are necessary for such 

23 purposes and notifies the Committees on Appropriations 

24 of both Houses of Congress of the determination and the 

25 reasons therefor: Provided further, That of the unobligated 


emcdonald on DSK2BSOYB1PROD with BILLS
4 

HR 2055 RFS

1 balances available for ‘‘Military Construction, Navy and 

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

3 appropriations designated by law as being for contingency 

4 operations directly related to the global war on terrorism 

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

6 rescinded. 

7 MILITARY CONSTRUCTION, AIR FORCE

8 (INCLUDING RESCISSION OF FUNDS)

9 For acquisition, construction, installation, and equip10 ment of temporary or permanent public works, military 

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

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

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

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

15 study, planning, design, and architect and engineer serv16 ices, as authorized by law, unless the Secretary of the Air 

17 Force determines that additional obligations are necessary 

18 for such purposes and notifies the Committees on Appro19 priations of both Houses of Congress of the determination 

20 and the reasons therefor: Provided further, That of the un21 obligated balances available for ‘‘Military Construction, 

22 Air Force’’ from prior appropriations Acts (other than ap23 propriations designated by law as being for contingency 

24 operations directly related to the global war on terrorism 


emcdonald on DSK2BSOYB1PROD with BILLS
5 

HR 2055 RFS

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

2 rescinded. 

3 MILITARY CONSTRUCTION, DEFENSE-WIDE

4 (INCLUDING TRANSFER AND RESCISSION OF FUNDS)

5 For acquisition, construction, installation, and equip6 ment of temporary or permanent public works, installa7 tions, facilities, and real property for activities and agen8 cies of the Department of Defense (other than the military 

9 departments), as currently authorized by law, 

10 $3,665,157,000, to remain available until September 30, 

11 2016: Provided, That such amounts of this appropriation 

12 as may be determined by the Secretary of Defense may 

13 be transferred to such appropriations of the Department 

14 of Defense available for military construction or family 

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

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

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

18 transferred: Provided further, That of the amount appro19 priated, not to exceed $454,602,000 shall be available for 

20 study, planning, design, and architect and engineer serv21 ices, as authorized by law, unless the Secretary of Defense 

22 determines that additional obligations are necessary for 

23 such purposes and notifies the Committees on Appropria24 tions of both Houses of Congress of the determination and 

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


emcdonald on DSK2BSOYB1PROD with BILLS
6 

HR 2055 RFS

1 appropriated, notwithstanding any other provision of law, 

2 $24,118,000 shall be available for payments to the North 

3 Atlantic Treaty Organization for the planning, design, and 

4 construction of a new North Atlantic Treaty Organization 

5 headquarters: Provided further, That of the unobligated 

6 balances available for ‘‘Military Construction, Defense7 Wide’’ in prior appropriations Acts (other than appropria8 tions designated by law as being for contingency oper9 ations directly related to the global war on terrorism or 

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

11 rescinded. 

12 MILITARY CONSTRUCTION, ARMY NATIONAL GUARD

13 For construction, acquisition, expansion, rehabilita14 tion, and conversion of facilities for the training and ad15 ministration of the Army National Guard, and contribu16 tions therefore, as authorized by chapter 1803 of title 10, 

17 United States Code, and Military Construction Authoriza18 tion Acts, $773,592,000 (increased by $25,000,000), to 

19 remain available until September 30, 2016: Provided, 

20 That of the amount appropriated, not to exceed 

21 $20,671,000 shall be available for study, planning, design, 

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

23 unless the Secretary of Defense determines that additional 

24 obligations are necessary for such purposes and notifies 


emcdonald on DSK2BSOYB1PROD with BILLS
7 

HR 2055 RFS

1 the Committees on Appropriations of both Houses of Con2 gress of the determination and the reasons therefor. 

3 MILITARY CONSTRUCTION, AIR NATIONAL GUARD

4 For construction, acquisition, expansion, rehabilita5 tion, and conversion of facilities for the training and ad6 ministration of the Air National Guard, and contributions 

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

8 States Code, and Military Construction Authorization 

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

10 30, 2016: Provided, That of the amount appropriated, not 

11 to exceed $9,000,000 shall be available for study, plan12 ning, design, and architect and engineer services, as au13 thorized by law, unless the Secretary of Defense deter14 mines that additional obligations are necessary for such 

15 purposes and notifies the Committees on Appropriations 

16 of both Houses of Congress of the determination and the 

17 reasons therefor. 

18 MILITARY CONSTRUCTION, ARMY RESERVE

19 For construction, acquisition, expansion, rehabilita20 tion, and conversion of facilities for the training and ad21 ministration of the Army Reserve as authorized by chapter 

22 1803 of title 10, United States Code, and Military Con23 struction Authorization Acts, $280,549,000, to remain 

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

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


emcdonald on DSK2BSOYB1PROD with BILLS
8 

HR 2055 RFS

1 available for study, planning, design, and architect and en2 gineer services, as authorized by law, unless the Secretary 

3 of Defense determines that additional obligations are nec4 essary for such purposes and notifies the Committees on 

5 Appropriations of both Houses of Congress of the deter6 mination and the reasons therefor. 

7 MILITARY CONSTRUCTION, NAVY RESERVE

8 For construction, acquisition, expansion, rehabilita9 tion, and conversion of facilities for the training and ad10 ministration of the reserve components of the Navy and 

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

12 United States Code, and Military Construction Authoriza13 tion Acts, $26,299,000, to remain available until Sep14 tember 30, 2016: Provided, That of the amount appro15 priated, not to exceed $2,591,000 shall be available for 

16 study, planning, design, and architect and engineer serv17 ices, as authorized by law, unless the Secretary of Defense 

18 determines that additional obligations are necessary for 

19 such purposes and notifies the Committees on Appropria20 tions of both Houses of Congress of the determination and 

21 the reasons therefor. 

22 MILITARY CONSTRUCTION, AIR FORCE RESERVE

23 For construction, acquisition, expansion, rehabilita24 tion, and conversion of facilities for the training and ad25 ministration of the reserve components of the Air Force 


emcdonald on DSK2BSOYB1PROD with BILLS
9 

HR 2055 RFS

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

2 States Code, and Military Construction Authorization 

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

4 30, 2016: Provided, That of the amount appropriated, not 

5 to exceed $2,200,000 shall be available for study, plan6 ning, design, and architect and engineer services, as au7 thorized by law, unless the Secretary of Defense deter8 mines that additional obligations are necessary for such 

9 purposes and notifies the Committees on Appropriations 

10 of both Houses of Congress of the determination and the 

11 reasons therefor. 

12 NORTH ATLANTIC TREATY ORGANIZATION

13 SECURITY INVESTMENT PROGRAM

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

15 Atlantic Treaty Organization Security Investment Pro16 gram for the acquisition and construction of military fa17 cilities and installations (including international military 

18 headquarters) and for related expenses for the collective 

19 defense of the North Atlantic Treaty Area as authorized 

20 by section 2806 of title 10, United States Code, and Mili21 tary Construction Authorization Acts, $272,611,000 (re22 duced by $25,000,000), to remain available until ex23 pended. 


emcdonald on DSK2BSOYB1PROD with BILLS
10 

HR 2055 RFS

1 FAMILY HOUSING CONSTRUCTION, ARMY

2 For expenses of family housing for the Army for con3 struction, including acquisition, replacement, addition, ex4 pansion, extension, and alteration, as authorized by law, 

5 $186,897,000, to remain available until September 30, 

6 2016. 

7 FAMILY HOUSING OPERATION AND MAINTENANCE, 

8 ARMY

9 For expenses of family housing for the Army for op10 eration and maintenance, including debt payment, leasing, 

11 minor construction, principal and interest charges, and in12 surance premiums, as authorized by law, $494,858,000. 

13 FAMILY HOUSING CONSTRUCTION, NAVY AND MARINE

14 CORPS

15 For expenses of family housing for the Navy and Ma16 rine Corps for construction, including acquisition, replace17 ment, addition, expansion, extension, and alteration, as 

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

19 September 30, 2016. 

20 FAMILY HOUSING OPERATION AND MAINTENANCE, 

21 NAVY AND MARINE CORPS

22 For expenses of family housing for the Navy and Ma23 rine Corps for operation and maintenance, including debt 

24 payment, leasing, minor construction, principal and interVerDate Mar 15 2010 22:49 Jun 15, 2011 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2055.RFS H2055

emcdonald on DSK2BSOYB1PROD with BILLS
11 

HR 2055 RFS

1 est charges, and insurance premiums, as authorized by 

2 law, $367,863,000. 

3 FAMILY HOUSING CONSTRUCTION, AIR FORCE

4 For expenses of family housing for the Air Force for 

5 construction, including acquisition, replacement, addition, 

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

7 $84,804,000, to remain available until September 30, 

8 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 

20 military departments) for operation and maintenance, 

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

22 $50,723,000. 


emcdonald on DSK2BSOYB1PROD with BILLS
12 

HR 2055 RFS

1 DEPARTMENT OF DEFENSE FAMILY HOUSING

2 IMPROVEMENT FUND

3 For the Department of Defense Family Housing Im4 provement Fund, $2,184,000, to remain available until ex5 pended, for family housing initiatives undertaken pursu6 ant to section 2883 of title 10, United States Code, pro7 viding alternative means of acquiring and improving mili8 tary family housing and supporting facilities. 

9 HOMEOWNERS ASSISTANCE FUND

10 For the Homeowners Assistance Fund established by 

11 section 1013 of the Demonstration Cities and Metropoli12 tan Development Act of 1966, (42 U.S.C. 3374), as 

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

14 CHEMICAL DEMILITARIZATION CONSTRUCTION, 

15 DEFENSE-WIDE

16 For expenses of construction, not otherwise provided 

17 for, necessary for the destruction of the United States 

18 stockpile of lethal chemical agents and munitions in ac19 cordance with section 1412 of the Department of Defense 

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

21 destruction of other chemical warfare materials that are 

22 not in the chemical weapon stockpile, as currently author23 ized by law, $75,312,000, to remain available until Sep24 tember 30, 2016, which shall be only for the Assembled 

25 Chemical Weapons Alternatives Program. 


emcdonald on DSK2BSOYB1PROD with BILLS
13 

HR 2055 RFS

1 DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT

2 1990 

3 For deposit into the Department of Defense Base 

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

5 of the Defense Base Closure and Realignment Act of 1990 

6 (10 U.S.C. 2687 note), $373,543,000, to remain available 

7 until expended. 

8 DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT

9 2005 

10 (INCLUDING RESCISSION OF FUNDS)

11 For deposit into the Department of Defense Base 

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

13 of the Defense Base Closure and Realignment Act of 1990 

14 (10 U.S.C. 2687 note), $258,776,000, to remain available 

15 until expended: Provided, That the Department of Defense 

16 shall notify the Committees on Appropriations of both 

17 Houses of Congress 14 days prior to obligating an amount 

18 for a construction project that exceeds or reduces the 

19 amount identified for that project in the most recently 

20 submitted budget request for this account by 20 percent 

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

22 the previous proviso shall not apply to projects costing less 

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

24 identified in any budget submission for this account and 

25 exceeding the minor construction threshold under section 


emcdonald on DSK2BSOYB1PROD with BILLS
14 

HR 2055 RFS

1 2805 of title 10, United States Code: Provided further, 

2 That of the unobligated balances available under this 

3 heading from prior appropriation Acts (other than appro4 priations designated by law as being for contingency oper5 ations directly related to the global war on terrorism or 

6 as an emergency requirement), $50,000,000 are hereby re7 scinded, which represent savings resulting from favorable 

8 bids. 

9 ADMINISTRATIVE PROVISIONS

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

11 title shall be expended for payments under a cost-plus-a12 fixed-fee contract for construction, where cost estimates 

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

14 except Alaska, without the specific approval in writing of 

15 the Secretary of Defense setting forth the reasons there16 for. 

17 SEC. 102. Funds made available in this title for con18 struction shall be available for hire of passenger motor ve19 hicles. 

20 SEC. 103. Funds made available in this title for con21 struction may be used for advances to the Federal High22 way Administration, Department of Transportation, for 

23 the construction of access roads as authorized by section 

24 210 of title 23, United States Code, when projects authorVerDate Mar 15 2010 22:49 Jun 15, 2011 Jkt 099200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H2055.RFS H2055

emcdonald on DSK2BSOYB1PROD with BILLS
15 

HR 2055 RFS

1 ized therein are certified as important to the national de2 fense by the Secretary of Defense. 

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

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

5 the United States for which specific appropriations have 

6 not been made. 

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

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

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

10 the Army Corps of Engineers or the Naval Facilities Engi11 neering Command, except: (1) where there is a determina12 tion of value by a Federal court; (2) purchases negotiated 

13 by the Attorney General or the designee of the Attorney 

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

15 $25,000; or (4) as otherwise determined by the Secretary 

16 of Defense to be in the public interest. 

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

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

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

20 except housing for which funds have been made available 

21 in annual Acts making appropriations for military con22 struction. 

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

24 title for minor construction may be used to transfer or 

25 relocate any activity from one base or installation to anVerDate Mar 15 2010 22:49 Jun 15, 2011 Jkt 099200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H2055.RFS H2055

emcdonald on DSK2BSOYB1PROD with BILLS
16 

HR 2055 RFS

1 other, without prior notification to the Committees on Ap2 propriations of both Houses of Congress. 

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

4 title may be used for the procurement of steel for any con5 struction project or activity for which American steel pro6 ducers, fabricators, and manufacturers have been denied 

7 the opportunity to compete for such steel procurement. 

8 SEC. 109. None of the funds available to the Depart9 ment of Defense for military construction or family hous10 ing during the current fiscal year may be used to pay real 

11 property taxes in any foreign nation. 

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

13 title may be used to initiate a new installation overseas 

14 without prior notification to the Committees on Appro15 priations of both Houses of Congress. 

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

17 title may be obligated for architect and engineer contracts 

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

19 projects to be accomplished in Japan, in any North Atlan20 tic Treaty Organization member country, or in countries 

21 within the United States Central Command Area of Re22 sponsibility, unless such contracts are awarded to United 

23 States firms or United States firms in joint venture with 

24 host nation firms. 


emcdonald on DSK2BSOYB1PROD with BILLS
17 

HR 2055 RFS

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

2 title for military construction in the United States terri3 tories and possessions in the Pacific and on Kwajalein 

4 Atoll, or in countries within the United States Central 

5 Command Area of Responsibility, may be used to award 

6 any contract estimated by the Government to exceed 

7 $1,000,000 to a foreign contractor: Provided, That this 

8 section shall not be applicable to contract awards for 

9 which the lowest responsive and responsible bid of a 

10 United States contractor exceeds the lowest responsive 

11 and responsible bid of a foreign contractor by greater than 

12 20 percent: Provided further, That this section shall not 

13 apply to contract awards for military construction on 

14 Kwajalein Atoll for which the lowest responsive and re15 sponsible bid is submitted by a Marshallese contractor. 

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

17 appropriate committees of both Houses of Congress, in18 cluding the Committees on Appropriations, of plans and 

19 scope of any proposed military exercise involving United 

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

21 expended for construction, either temporary or permanent, 

22 are anticipated to exceed $100,000. 

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

24 made available in this title which are limited for obligation 


emcdonald on DSK2BSOYB1PROD with BILLS
18 

HR 2055 RFS

1 during the current fiscal year shall be obligated during 

2 the last 2 months of the fiscal year. 

3 SEC. 115. Funds appropriated to the Department of 

4 Defense for construction in prior years shall be available 

5 for construction authorized for each such military depart6 ment by the authorizations enacted into law during the 

7 current session of Congress. 

8 SEC. 116. For military construction or family housing 

9 projects that are being completed with funds otherwise ex10 pired or lapsed for obligation, expired or lapsed funds may 

11 be used to pay the cost of associated supervision, inspec12 tion, overhead, engineering and design on those projects 

13 and on subsequent claims, if any. 

14 SEC. 117. Notwithstanding any other provision of 

15 law, any funds made available to a military department 

16 or defense agency for the construction of military projects 

17 may be obligated for a military construction project or 

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

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

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

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

22 obligated from funds available for military construction 

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

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

25 such project is increased pursuant to law. 


emcdonald on DSK2BSOYB1PROD with BILLS
19 

HR 2055 RFS

1 (INCLUDING TRANSFER OF FUNDS)

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

3 available to the Department of Defense, proceeds depos4 ited to the Department of Defense Base Closure Account 

5 established by section 207(a)(1) of the Defense Authoriza6 tion Amendments and Base Closure and Realignment Act 

7 (10 U.S.C. 2687 note) pursuant to section 207(a)(2)(C) 

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

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

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

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

12 and the same time period as that account. 

13 (INCLUDING TRANSFER OF FUNDS)

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

15 14 days for a notification provided in an electronic me16 dium pursuant to sections 480 and 2883 of title 10, 

17 United States Code, to the Committees on Appropriations 

18 of both Houses of Congress, such additional amounts as 

19 may be determined by the Secretary of Defense may be 

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

21 Housing Improvement Fund from amounts appropriated 

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

23 merged with and to be available for the same purposes 

24 and for the same period of time as amounts appropriated 

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


emcdonald on DSK2BSOYB1PROD with BILLS
20 

HR 2055 RFS

1 Military Unaccompanied Housing Improvement Fund 

2 from amounts appropriated for construction of military 

3 unaccompanied housing in ‘‘Military Construction’’ ac4 counts, to be merged with and to be available for the same 

5 purposes and for the same period of time as amounts ap6 propriated directly to the Fund: Provided, That appropria7 tions made available to the Funds shall be available to 

8 cover the costs, as defined in section 502(5) of the Con9 gressional Budget Act of 1974, of direct loans or loan 

10 guarantees issued by the Department of Defense pursuant 

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

12 10, United States Code, pertaining to alternative means 

13 of acquiring and improving military family housing, mili14 tary unaccompanied housing, and supporting facilities. 

15 (INCLUDING TRANSFER OF FUNDS)

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

17 available to the Department of Defense, amounts may be 

18 transferred from the accounts established by sections 

19 2906(a)(1) and 2906A(a)(1) of the Defense Base Closure 

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

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

22 the Demonstration Cities and Metropolitan Development 

23 Act of 1966 (42 U.S.C. 3374) to pay for expenses associ24 ated with the Homeowners Assistance Program incurred 

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


emcdonald on DSK2BSOYB1PROD with BILLS
21 

HR 2055 RFS

1 amounts transferred shall be merged with and be available 

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

3 the fund to which transferred. 

4 SEC. 121. Notwithstanding any other provision of 

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

6 maintenance of family housing shall be the exclusive 

7 source of funds for repair and maintenance of all family 

8 housing units, including general or flag officer quarters: 

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

10 spent annually for the maintenance and repair of any gen11 eral or flag officer quarters without 30 days prior notifica12 tion, or 14 days for a notification provided in an electronic 

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

14 United States Code, to the Committees on Appropriations 

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

16 notification shall be submitted if the limitation is exceeded 

17 solely due to costs associated with environmental remedi18 ation that could not be reasonably anticipated at the time 

19 of the budget submission: Provided further, That the 

20 Under Secretary of Defense (Comptroller) is to report an21 nually to the Committees on Appropriations of both 

22 Houses of Congress all operation and maintenance ex23 penditures for each individual general or flag officer quar24 ters for the prior fiscal year. 


emcdonald on DSK2BSOYB1PROD with BILLS
22 

HR 2055 RFS

1 SEC. 122. Amounts contained in the Ford Island Im2 provement Account established by subsection (h) of sec3 tion 2814 of title 10, United States Code, are appro4 priated and shall be available until expended for the pur5 poses specified in subsection (i)(1) of such section or until 

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

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

8 title, or in any Act making appropriations for military con9 struction which remain available for obligation, may be ob10 ligated or expended to carry out a military construction, 

11 land acquisition, or family housing project at or for a mili12 tary installation approved for closure, or at a military in13 stallation for the purposes of supporting a function that 

14 has been approved for realignment to another installation, 

15 in 2005 under the Defense Base Closure and Realignment 

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

17 510: 10 U.S.C. 2687 note), unless such a project at a mili18 tary installation approved for realignment will support a 

19 continuing mission or function at that installation or a 

20 new mission or function that is planned for that installa21 tion, or unless the Secretary of Defense certifies that the 

22 cost to the United States of carrying out such project 

23 would be less than the cost to the United States of cancel24 ling such project, or if the project is at an active compo25 nent base that shall be established as an enclave or in the 


emcdonald on DSK2BSOYB1PROD with BILLS
23 

HR 2055 RFS

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

2 Government agency has indicated it will assume ownership 

3 of the completed project. The Secretary of Defense may 

4 not transfer funds made available as a result of this limi5 tation from any military construction project, land acquisi6 tion, or family housing project to another account or use 

7 such funds for another purpose or project without the 

8 prior approval of the Committees on Appropriations of 

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

10 military construction projects, land acquisition, or family 

11 housing projects for which the project is vital to the na12 tional security or the protection of health, safety, or envi13 ronmental quality: Provided, That the Secretary of De14 fense shall notify the congressional defense committees 

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

16 construction project. 

17 (INCLUDING TRANSFER OF FUNDS)

18 SEC. 124. During the 5-year period after appropria19 tions available in this Act to the Department of Defense 

20 for military construction and family housing operation and 

21 maintenance and construction have expired for obligation, 

22 upon a determination that such appropriations will not be 

23 necessary for the liquidation of obligations or for making 

24 authorized adjustments to such appropriations for obliga25 tions incurred during the period of availability of such apVerDate Mar 15 2010 22:49 Jun 15, 2011 Jkt 099200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H2055.RFS H2055

emcdonald on DSK2BSOYB1PROD with BILLS
24 

HR 2055 RFS

1 propriations, unobligated balances of such appropriations 

2 may be transferred into the appropriation ‘‘Foreign Cur3 rency Fluctuations, Construction, Defense’’, to be merged 

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

5 the same purposes as the appropriation to which trans6 ferred. 

7 SEC. 125. Amounts appropriated or otherwise made 

8 available in an account funded under the headings in this 

9 title may be transferred among projects and activities 

10 within the account in accordance with the reprogramming 

11 guidelines for military construction and family housing 

12 construction contained in the report of the Committee on 

13 Appropriations of the House of Representatives to accom14 pany this bill and in the guidance for military construction 

15 reprogrammings and notifications contained in Depart16 ment of Defense Financial Management Regulation 

17 7000.14–R, Volume 3, Chapter 7, of February 2009, as 

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

19 (RESCISSION OF FUNDS)

20 SEC. 126. Of the unobligated balances available for 

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

22 prior appropriations Acts (other than appropriations des23 ignated by law as being for contingency operations directly 

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

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


emcdonald on DSK2BSOYB1PROD with BILLS
25 

HR 2055 RFS

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

2 Act may be used by the Secretary of Defense to take bene3 ficial occupancy of more than 1,000 parking spaces pro4 vided by the combination spaces provided by the BRAC 

5 133 project and the lease of spaces in the immediate vicin6 ity of the BRAC 133 project. 

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

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

9 the expansion of the boundaries or size of the Pinon Can10 yon Maneuver Site, Colorado. 

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

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

13 a unit of the Army that would impact more than 200 per14 sonnel, calculated as the sum of impacted members of the 

15 regular or reserve components of the Army, civilian em16 ployees of the Department of the Army, and Army con17 tractor personnel, unless the Secretary certifies to the con18 gressional defense committees that the Secretary complied 

19 with Army Regulation 5–10 relating to the policy, proce20 dures, and responsibilities for Army stationing actions. 


emcdonald on DSK2BSOYB1PROD with BILLS
26 

HR 2055 RFS

1 TITLE II 

2 DEPARTMENT OF VETERANS AFFAIRS 

3 VETERANS BENEFITS ADMINISTRATION

4 COMPENSATION AND PENSIONS

5 (INCLUDING TRANSFER OF FUNDS)

6 For the payment of compensation benefits to or on 

7 behalf of veterans and a pilot program for disability ex8 aminations as authorized by section 107 and chapters 11, 

9 13, 18, 51, 53, 55, and 61 of title 38, United States Code; 

10 pension benefits to or on behalf of veterans as authorized 

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

12 States Code; and burial benefits, the Reinstated Entitle13 ment Program for Survivors, emergency and other offi14 cers’ retirement pay, adjusted-service credits and certifi15 cates, payment of premiums due on commercial life insur16 ance policies guaranteed under the provisions of title IV 

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

18 541 et seq.) and for other benefits as authorized by sec19 tions 107, 1312, 1977, and 2106, and chapters 23, 51, 

20 53, 55, and 61 of title 38, United States Code, 

21 $58,067,319,000, to remain available until expended: Pro22 vided, That not to exceed $32,187,000 of the amount ap23 propriated under this heading shall be reimbursed to 

24 ‘‘General operating expenses, Veterans Benefits Adminis25 tration’’, ‘‘Medical support and compliance’’, and ‘‘InforVerDate Mar 15 2010 22:49 Jun 15, 2011 Jkt 099200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H2055.RFS H2055

emcdonald on DSK2BSOYB1PROD with BILLS
27 

HR 2055 RFS

1 mation technology systems’’ for necessary expenses in im2 plementing the provisions of chapters 51, 53, and 55 of 

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

4 is specifically provided as the ‘‘Compensation and pen5 sions’’ appropriation: Provided further, That such sums as 

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

7 be reimbursed to ‘‘Medical care collections fund’’ to aug8 ment the funding of individual medical facilities for nurs9 ing home care provided to pensioners as authorized. 

10 READJUSTMENT BENEFITS

11 For the payment of readjustment and rehabilitation 

12 benefits to or on behalf of veterans as authorized by chap13 ters 21, 30, 31, 33, 34, 35, 36, 39, 51, 53, 55, and 61 

14 of title 38, United States Code, $11,011,086,000, to re15 main available until expended: Provided, That expenses for 

16 rehabilitation program services and assistance which the 

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

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

19 under paragraphs (1), (2), (5), and (11) of that sub20 section, shall be charged to this account. 

21 VETERANS INSURANCE AND INDEMNITIES

22 For military and naval insurance, national service life 

23 insurance, servicemen’s indemnities, service-disabled vet24 erans insurance, and veterans mortgage life insurance as 


emcdonald on DSK2BSOYB1PROD with BILLS
28 

HR 2055 RFS

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

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

3 VETERANS HOUSING BENEFIT PROGRAM FUND

4 For the cost of direct and guaranteed loans, such 

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

6 authorized by subchapters I through III of chapter 37 of 

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

8 including the cost of modifying such loans, shall be as de9 fined in section 502 of the Congressional Budget Act of 

10 1974: Provided further, That during fiscal year 2012, 

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

12 gross obligations for direct loans are authorized for spe13 cially adapted housing loans. 

14 In addition, for administrative expenses to carry out 

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

16 VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT

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

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

19 That such costs, including the cost of modifying such 

20 loans, shall be as defined in section 502 of the Congres21 sional Budget Act of 1974: Provided further, That funds 

22 made available under this heading are available to sub23 sidize gross obligations for the principal amount of direct 

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


emcdonald on DSK2BSOYB1PROD with BILLS
29 

HR 2055 RFS

1 In addition, for administrative expenses necessary to 

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

3 be paid to the appropriation for ‘‘General operating ex4 penses, Veterans Benefits Administration’’. 

5 NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM

6 ACCOUNT

7 For administrative expenses to carry out the direct 

8 loan program authorized by subchapter V of chapter 37 

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

10 VETERANS HEALTH ADMINISTRATION

11 MEDICAL SERVICES

12 For necessary expenses for furnishing, as authorized 

13 by law, inpatient and outpatient care and treatment to 

14 beneficiaries of the Department of Veterans Affairs and 

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

16 States Code, including care and treatment in facilities not 

17 under the jurisdiction of the Department, and including 

18 medical supplies and equipment, food services, and sala19 ries and expenses of health care employees hired under 

20 title 38, United States Code, aid to State homes as author21 ized by section 1741 of title 38, United States Code, as22 sistance and support services for caregivers as authorized 

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

24 repayments authorized by section 604 of the Caregivers 

25 and Veterans Omnibus Health Services Act of 2010 (PubVerDate Mar 15 2010 22:49 Jun 15, 2011 Jkt 099200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H2055.RFS H2055

emcdonald on DSK2BSOYB1PROD with BILLS
30 

HR 2055 RFS

1 lic Law 111–163; 124 Stat. 1174; 38 U.S.C. 7681 note) 

2 $41,354,000,000, plus reimbursements, shall become 

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

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

5 made available under this heading $1,000,000,000 (re6 duced by $20,000,000) (increased by $20,000,000) shall 

7 remain available until September 30, 2014: Provided fur8 ther, That, notwithstanding any other provision of law, the 

9 Secretary of Veterans Affairs shall establish a priority for 

10 the provision of medical treatment for veterans who have 

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

12 needs: Provided further, That, notwithstanding any other 

13 provision of law, the Secretary of Veterans Affairs shall 

14 give priority funding for the provision of basic medical 

15 benefits to veterans in enrollment priority groups 1 

16 through 6: Provided further, That, notwithstanding any 

17 other provision of law, the Secretary of Veterans Affairs 

18 may authorize the dispensing of prescription drugs from 

19 Veterans Health Administration facilities to enrolled vet20 erans with privately written prescriptions based on re21 quirements established by the Secretary: Provided further, 

22 That the implementation of the program described in the 

23 previous proviso shall incur no additional cost to the De24 partment of Veterans Affairs: Provided further, That of 

25 the funds provided in Public Law 112–10 for ‘‘DepartVerDate Mar 15 2010 22:49 Jun 15, 2011 Jkt 099200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\H2055.RFS H2055

emcdonald on DSK2BSOYB1PROD with BILLS
31 

HR 2055 RFS

1 ment of Veterans Affairs, Medical services’’ for fiscal year 

2 2012, $664,000,000 shall be available only in the fourth 

3 quarter of the fiscal year upon approval of the Committees 

4 on Appropriations of both Houses of Congress of a request 

5 from the Secretary of Veterans Affairs to release such 

6 funding due to unanticipated needs related to economic 

7 conditions. 

8 MEDICAL SUPPORT AND COMPLIANCE

9 For necessary expenses in the administration of the 

10 medical, hospital, nursing home, domiciliary, construction, 

11 supply, and research activities, as authorized by law; ad12 ministrative expenses in support of capital policy activi13 ties; and administrative and legal expenses of the Depart14 ment for collecting and recovering amounts owed the De15 partment as authorized under chapter 17 of title 38, 

16 United States Code, and the Federal Medical Care Recov17 ery Act (42 U.S.C. 2651 et seq.); $5,746,000,000 (re18 duced by $100,000) (increased by $100,000), plus reim19 bursements, shall become available on October 1, 2012, 

20 and shall remain available until September 30, 2013: Pro21 vided, That, of the amount made available under this 

22 heading $100,000,000 shall remain available until Sep23 tember 30, 2014. 


emcdonald on DSK2BSOYB1PROD with BILLS
32 

HR 2055 RFS

1 MEDICAL FACILITIES

2 For necessary expenses for the maintenance and op3 eration of hospitals, nursing homes, domiciliary facilities, 

4 and other necessary facilities of the Veterans Health Ad5 ministration; for administrative expenses in support of 

6 planning, design, project management, real property ac7 quisition and disposition, construction, and renovation of 

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

9 Department; for oversight, engineering, and architectural 

10 activities not charged to project costs; for repairing, alter11 ing, improving, or providing facilities in the several hos12 pitals and homes under the jurisdiction of the Depart13 ment, not otherwise provided for, either by contract or by 

14 the hire of temporary employees and purchase of mate15 rials; for leases of facilities; and for laundry services, 

16 $5,441,000,000, plus reimbursements, shall become avail17 able on October 1, 2012, and shall remain available until 

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

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

20 available until September 30, 2014. 

21 MEDICAL AND PROSTHETIC RESEARCH

22 For necessary expenses in carrying out programs of 

23 medical and prosthetic research and development as au24 thorized by chapter 73 of title 38, United States Code, 

25 $508,774,000 (increased by $22,000,000), plus reimVerDate Mar 15 2010 22:49 Jun 15, 2011 Jkt 099200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\H2055.RFS H2055

emcdonald on DSK2BSOYB1PROD with BILLS
33 

HR 2055 RFS

1 bursements, shall remain available until September 30, 

2 2013. 

3 NATIONAL CEMETERY ADMINISTRATION

4 For necessary expenses of the National Cemetery Ad5 ministration for operations and maintenance, not other6 wise provided for, including uniforms or allowances there7 for; cemeterial expenses as authorized by law; purchase 

8 of one passenger motor vehicle for use in cemeterial oper9 ations; hire of passenger motor vehicles; and repair, alter10 ation or improvement of facilities under the jurisdiction 

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

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

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

14 be made available to any project associated with the Na15 tional Cemetery Administration’s Urban Initiative pro16 gram until a strategy to serve rural veterans is finalized 

17 and operational. 

18 DEPARTMENTAL ADMINISTRATION

19 GENERAL ADMINISTRATION

20 (INCLUDING TRANSFER OF FUNDS)

21 For necessary operating expenses of the Department 

22 of Veterans Affairs, not otherwise provided for, including 

23 administrative expenses in support of Department-Wide 

24 capital planning, management and policy activities, uni25 forms, or allowances therefor; not to exceed $25,000 for 


emcdonald on DSK2BSOYB1PROD with BILLS
34 

HR 2055 RFS

1 official reception and representation expenses; hire of pas2 senger motor vehicles; and reimbursement of the General 

3 Services Administration for security guard services, 

4 $422,500,000 (reduced by $22,000,000), of which not to 

5 exceed $22,144,000 shall remain available until Sep6 tember 30, 2013: Provided, That $20,000,000 shall be 

7 used to increase the Department’s acquisition workforce 

8 capacity and capabilities and may be transferred by the 

9 Secretary to any other account in the Department to carry 

10 out the purposes provided therein: Provided further, That 

11 funds provided under this heading may be transferred to 

12 ‘‘General operating expenses, Veterans Benefits Adminis13 tration’’. 

14 GENERAL OPERATING EXPENSES, VETERANS BENEFITS

15 ADMINISTRATION

16 For necessary operating expenses of the Veterans 

17 Benefits Administration, not otherwise provided for, in18 cluding hire of passenger motor vehicles, reimbursement 

19 of the General Services Administration for security guard 

20 services, and reimbursement of the Department of De21 fense for the cost of overseas employee mail, 

22 $2,020,128,000 (reduced by $100,000) (increased by 

23 $100,000): Provided, That expenses for services and as24 sistance authorized under paragraphs (1), (2), (5), and 

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


emcdonald on DSK2BSOYB1PROD with BILLS
35 

HR 2055 RFS

1 that the Secretary of Veterans Affairs determines are nec2 essary to enable entitled veterans: (1) to the maximum ex3 tent feasible, to become employable and to obtain and 

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

5 independence in daily living, shall be charged to this ac6 count: Provided further, That of the funds made available 

7 under this heading, not to exceed $105,856,000 shall re8 main available until September 30, 2013: Provided further, 

9 That from the funds made available under this heading, 

10 the Veterans Benefits Administration may purchase (on 

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

12 motor vehicles for use in operations of that Administration 

13 in Manila, Philippines. 

14 INFORMATION TECHNOLOGY SYSTEMS

15 For necessary expenses for information technology 

16 systems and telecommunications support, including devel17 opmental information systems and operational information 

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

19 asset acquisition of information technology systems, in20 cluding management and related contractual costs of said 

21 acquisitions, including contractual costs associated with 

22 operations authorized by section 3109 of title 5, United 

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

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

25 remain available until September 30, 2013: Provided, 


emcdonald on DSK2BSOYB1PROD with BILLS
36 

HR 2055 RFS

1 That none of the funds made available under this heading 

2 may be obligated until the Department of Veterans Affairs 

3 submits to the Committees on Appropriations of both 

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

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

6 investment control review requirements established by the 

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

8 Department of Veterans Affairs enterprise architecture; 

9 (3) conforms with an established enterprise life cycle 

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

11 requirements, guidelines, and systems acquisition manage12 ment practices of the Federal Government: Provided fur13 ther, That not later than 30 days after the date of the 

14 enactment of this Act, the Secretary of Veterans Affairs 

15 shall submit to the Committees on Appropriations of both 

16 Houses of Congress a reprogramming base letter which 

17 sets forth, by project, the operations and maintenance 

18 costs, with salary expenses separately designated, and de19 velopment costs to be carried out utilizing amounts made 

20 available under this heading. 

21 OFFICE OF INSPECTOR GENERAL

22 For necessary expenses of the Office of Inspector 

23 General, to include information technology, in carrying out 

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


emcdonald on DSK2BSOYB1PROD with BILLS
37 

HR 2055 RFS

1 U.S.C. App.), $109,391,000, of which $6,000,000 shall re2 main available until September 30, 2013. 

3 CONSTRUCTION, MAJOR PROJECTS

4 For constructing, altering, extending, and improving 

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

6 jurisdiction or for the use of the Department of Veterans 

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

8 316, 2404, 2406, 8102, 8103, 8106, 8108, 8109, 8110, 

9 and 8122 of title 38, United States Code, including plan10 ning, architectural and engineering services, construction 

11 management services, maintenance or guarantee period 

12 services costs associated with equipment guarantees pro13 vided under the project, services of claims analysts, offsite 

14 utility and storm drainage system construction costs, and 

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

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

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

18 project were made available in a previous major project 

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

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

21 make reimbursements as provided in section 13 of the 

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

23 paid for contract disputes: Provided, That except for ad24 vance planning activities, including needs assessments 

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


emcdonald on DSK2BSOYB1PROD with BILLS
38 

HR 2055 RFS

1 other capital asset management related activities, includ2 ing portfolio development and management activities, and 

3 investment strategy studies funded through the advance 

4 planning fund and the planning and design activities fund5 ed through the design fund, including needs assessments 

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

7 salaries and associated costs of the resident engineers who 

8 oversee those capital investments funded through this ac9 count, and funds provided for the purchase of land for 

10 the National Cemetery Administration through the land 

11 acquisition line item, none of the funds made available 

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

13 not been approved by the Congress in the budgetary proc14 ess: Provided further, That funds made available under 

15 this heading for fiscal year 2012, for each approved 

16 project shall be obligated: (1) by the awarding of a con17 struction documents contract by September 30, 2012; and 

18 (2) by the awarding of a construction contract by Sep19 tember 30, 2013: Provided further, That the Secretary of 

20 Veterans Affairs shall promptly submit to the Committees 

21 on Appropriations of both Houses of Congress a written 

22 report on any approved major construction project for 

23 which obligations are not incurred within the time limita24 tions established above. 


emcdonald on DSK2BSOYB1PROD with BILLS
39 

HR 2055 RFS

1 CONSTRUCTION, MINOR 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, including planning and assessments of needs 

6 which may lead to capital investments, architectural and 

7 engineering services, maintenance or guarantee period 

8 services costs associated with equipment guarantees pro9 vided under the project, services of claims analysts, offsite 

10 utility and storm drainage system construction costs, and 

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

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

13 8110, 8122, and 8162 of title 38, United States Code, 

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

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

16 38, United States Code, $475,091,000, to remain avail17 able until September 30, 2016, along with unobligated bal18 ances of previous ‘‘Construction, minor projects’’ appro19 priations which are hereby made available for any project 

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

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

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

23 to any of the nonmedical facilities under the jurisdiction 

24 or for the use of the Department which are necessary be25 cause of loss or damage caused by any natural disaster 


emcdonald on DSK2BSOYB1PROD with BILLS
40 

HR 2055 RFS

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

2 prevent or to minimize further loss by such causes. 

3 GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE

4 FACILITIES

5 For grants to assist States to acquire or construct 

6 State nursing home and domiciliary facilities and to re7 model, modify, or alter existing hospital, nursing home, 

8 and domiciliary facilities in State homes, for furnishing 

9 care to veterans as authorized by sections 8131 through 

10 8137 of title 38, United States Code, $85,000,000, to re11 main available until expended. 

12 GRANTS FOR CONSTRUCTION OF VETERANS CEMETERIES

13 For grants to assist States and tribal governments 

14 in establishing, expanding, or improving veterans ceme15 teries as authorized by section 2408 of title 38, United 

16 States Code, $46,000,000, to remain available until ex17 pended. 

18 ADMINISTRATIVE PROVISIONS

19 (INCLUDING TRANSFER OF FUNDS)

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

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

22 and ‘‘Veterans insurance and indemnities’’ may be trans23 ferred as necessary to any other of the mentioned appro24 priations: Provided, That before such transfer may take 

25 place, the Secretary of Veterans Affairs shall request from 


emcdonald on DSK2BSOYB1PROD with BILLS
41 

HR 2055 RFS

1 the Committees on Appropriations of both Houses of Con2 gress the authority to make the transfer and such Com3 mittees issue an approval, or absent a response, a period 

4 of 30 days has elapsed. 

5 (INCLUDING TRANSFER OF FUNDS)

6 SEC. 202. Amounts made available for the Depart7 ment of Veterans Affairs for fiscal year 2012, in this Act 

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

9 support and compliance’’, and ‘‘Medical facilities’’ ac10 counts may be transferred among the accounts: Provided, 

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

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

13 or less of the total amount appropriated to the account 

14 in this or any other Act may take place subject to notifica15 tion from the Secretary of Veterans Affairs to the Com16 mittees on Appropriations of both Houses of Congress of 

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

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

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

20 1 percent, or exceeding the cumulative 1 percent for the 

21 fiscal year, may take place only after the Secretary re22 quests from the Committees on Appropriations of both 

23 Houses of Congress the authority to make the transfer 

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

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


emcdonald on DSK2BSOYB1PROD with BILLS
42 

HR 2055 RFS

1 take place only after the Secretary requests from the Com2 mittees on Appropriations of both Houses of Congress the 

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

4 SEC. 203. Appropriations made available in this title 

5 for salaries and expenses shall be available for services au6 thorized by section 3109 of title 5, United States Code; 

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

8 or both; and uniforms or allowances therefore, as author9 ized by sections 5901 through 5902 of title 5, United 

10 States Code. 

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

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

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

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

15 new Department of Veterans Affairs hospital or home. 

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

17 available for hospitalization or examination of any persons 

18 (except beneficiaries entitled to such hospitalization or ex19 amination under the laws providing such benefits to vet20 erans, and persons receiving such treatment under sec21 tions 7901 through 7904 of title 5, United States Code, 

22 or the Robert T. Stafford Disaster Relief and Emergency 

23 Assistance Act (42 U.S.C. 5121 et seq.)), unless reim24 bursement of the cost of such hospitalization or examinaVerDate Mar 15 2010 22:49 Jun 15, 2011 Jkt 099200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\H2055.RFS H2055

emcdonald on DSK2BSOYB1PROD with BILLS
43 

HR 2055 RFS

1 tion is made to the ‘‘Medical services’’ account at such 

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

3 SEC. 206. Appropriations available in this title for 

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

5 and ‘‘Veterans insurance and indemnities’’ shall be avail6 able for payment of prior year accrued obligations re7 quired to be recorded by law against the corresponding 

8 prior year accounts within the last quarter of fiscal year 

9 2011. 

10 SEC. 207. Appropriations available in this title shall 

11 be available to pay prior year obligations of corresponding 

12 prior year appropriations accounts resulting from sections 

13 3328(a), 3334, and 3712(a) of title 31, United States 

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

15 accounts they shall be payable only from ‘‘Compensation 

16 and pensions’’. 

17 (INCLUDING TRANSFER OF FUNDS)

18 SEC. 208. Notwithstanding any other provision of 

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

20 Affairs shall, from the National Service Life Insurance 

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

22 the Veterans’ Special Life Insurance Fund under section 

23 1923 of title 38, United States Code, and the United 

24 States Government Life Insurance Fund under section 

25 1955 of title 38, United States Code, reimburse the ‘‘GenVerDate Mar 15 2010 22:49 Jun 15, 2011 Jkt 099200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\H2055.RFS H2055

emcdonald on DSK2BSOYB1PROD with BILLS
44 

HR 2055 RFS

1 eral operating expenses, Veterans Benefits Administra2 tion’’ and ‘‘Information technology systems’’ accounts for 

3 the cost of administration of the insurance programs fi4 nanced through those accounts: Provided, That reimburse5 ment shall be made only from the surplus earnings accu6 mulated in such an insurance program during fiscal year 

7 2012 that are available for dividends in that program after 

8 claims have been paid and actuarially determined reserves 

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

10 administration of such an insurance program exceeds the 

11 amount of surplus earnings accumulated in that program, 

12 reimbursement shall be made only to the extent of such 

13 surplus earnings: Provided further, That the Secretary 

14 shall determine the cost of administration for fiscal year 

15 2012 which is properly allocable to the provision of each 

16 such insurance program and to the provision of any total 

17 disability income insurance included in that insurance pro18 gram. 

19 SEC. 209. Amounts deducted from enhanced-use 

20 lease proceeds to reimburse an account for expenses in21 curred by that account during a prior fiscal year for pro22 viding enhanced-use lease services, may be obligated dur23 ing the fiscal year in which the proceeds are received. 


emcdonald on DSK2BSOYB1PROD with BILLS
45 

HR 2055 RFS

1 (INCLUDING TRANSFER OF FUNDS)

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

3 and other administrative expenses shall also be available 

4 to reimburse the Office of Resolution Management of the 

5 Department of Veterans Affairs and the Office of Employ6 ment Discrimination Complaint Adjudication under sec7 tion 319 of title 38, United States Code, for all services 

8 provided at rates which will recover actual costs but not 

9 exceed $42,904,000 for the Office of Resolution Manage10 ment and $3,360,000 for the Office of Employment and 

11 Discrimination Complaint Adjudication: Provided, That 

12 payments may be made in advance for services to be fur13 nished based on estimated costs: Provided further, That 

14 amounts received shall be credited to the ‘‘General admin15 istration’’ and ‘‘Information technology systems’’ accounts 

16 for use by the office that provided the service. 

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

18 available to enter into any new lease of real property if 

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

20 unless the Secretary submits a report which the Commit21 tees on Appropriations of both Houses of Congress ap22 prove within 30 days following the date on which the re23 port is received. 

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

25 Affairs shall be available for hospital care, nursing home 


emcdonald on DSK2BSOYB1PROD with BILLS
46 

HR 2055 RFS

1 care, or medical services provided to any person under 

2 chapter 17 of title 38, United States Code, for a non-serv3 ice-connected disability described in section 1729(a)(2) of 

4 such title, unless that person has disclosed to the Sec5 retary of Veterans Affairs, in such form as the Secretary 

6 may require, current, accurate third-party reimbursement 

7 information for purposes of section 1729 of such title: Pro8 vided, That the Secretary may recover, in the same man9 ner as any other debt due the United States, the reason10 able charges for such care or services from any person who 

11 does not make such disclosure as required: Provided fur12 ther, That any amounts so recovered for care or services 

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

14 Secretary during the fiscal year in which amounts are re15 ceived. 

16 (INCLUDING TRANSFER OF FUNDS)

17 SEC. 213. Notwithstanding any other provision of 

18 law, proceeds or revenues derived from enhanced-use leas19 ing activities (including disposal) may be deposited into 

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

21 minor projects’’ accounts and be used for construction (in22 cluding site acquisition and disposition), alterations, and 

23 improvements of any medical facility under the jurisdic24 tion or for the use of the Department of Veterans Affairs. 

25 Such sums as realized are in addition to the amount proVerDate Mar 15 2010 22:49 Jun 15, 2011 Jkt 099200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\H2055.RFS H2055

emcdonald on DSK2BSOYB1PROD with BILLS
47 

HR 2055 RFS

1 vided for in ‘‘Construction, major projects’’ and ‘‘Con2 struction, minor projects’’. 

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

4 services’’ are available— 

5 (1) for furnishing recreational facilities, sup6 plies, and equipment; and 

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

8 other expenses incidental to funerals and burials for 

9 beneficiaries receiving care in the Department. 

10 (INCLUDING TRANSFER OF FUNDS)

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

12 Medical Care Collections Fund pursuant to section 1729A 

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

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

15 the purposes of that account. 

16 SEC. 216. The Secretary of Veterans Affairs may 

17 enter into agreements with Indian tribes and tribal organi18 zations which are party to the Alaska Native Health Com19 pact with the Indian Health Service, and Indian tribes and 

20 tribal organizations serving rural Alaska which have en21 tered into contracts with the Indian Health Service under 

22 the Indian Self Determination and Educational Assistance 

23 Act, to provide healthcare, including behavioral health and 

24 dental care. The Secretary shall require participating vet25 erans and facilities to comply with all appropriate rules 


emcdonald on DSK2BSOYB1PROD with BILLS
48 

HR 2055 RFS

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

2 ‘‘rural Alaska’’ shall mean those lands sited within the ex3 ternal boundaries of the Alaska Native regions specified 

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

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

6 those lands within the Alaska Native regions specified in 

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

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

9 not within the boundaries of the Municipality of Anchor10 age, the Fairbanks North Star Borough, the Kenai Penin11 sula Borough or the Matanuska Susitna Borough. 

12 (INCLUDING TRANSFER OF FUNDS)

13 SEC. 217. Such sums as may be deposited to the De14 partment of Veterans Affairs Capital Asset Fund pursu15 ant to section 8118 of title 38, United States Code, may 

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

17 ‘‘Construction, minor projects’’ accounts, to remain avail18 able until September 30, 2016, for the purposes of these 

19 accounts. 

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

21 title may be used to implement any policy prohibiting the 

22 Directors of the Veterans Integrated Services Networks 

23 from conducting outreach or marketing to enroll new vet24 erans within their respective Networks. 


emcdonald on DSK2BSOYB1PROD with BILLS
49 

HR 2055 RFS

1 SEC. 219. The Secretary of Veterans Affairs shall 

2 submit to the Committees on Appropriations of both 

3 Houses of Congress a quarterly report on the financial 

4 status of the Veterans Health Administration. 

5 (INCLUDING TRANSFER OF FUNDS)

6 SEC. 220. Amounts made available under the ‘‘Med7 ical services’’, ‘‘Medical support and compliance’’, ‘‘Med8 ical facilities’’, ‘‘General operating expenses, Veterans 

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

10 ‘‘National Cemetery Administration’’ accounts for fiscal 

11 year 2012, may be transferred to or from the ‘‘Informa12 tion technology systems’’ account: Provided, That before 

13 a transfer may take place, the Secretary of Veterans Af14 fairs shall request from the Committees on Appropriations 

15 of both Houses of Congress the authority to make the 

16 transfer and an approval is issued. 

17 (INCLUDING TRANSFER OF FUNDS)

18 SEC. 221. Amounts made available for the ‘‘Informa19 tion technology systems’’ account may be transferred be20 tween projects: Provided, That no project may be in21 creased or decreased by more than $1,000,000 of cost 

22 prior to submitting a request to the Committees on Appro23 priations of both Houses of Congress to make the transfer 

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

25 of 30 days has elapsed. 


emcdonald on DSK2BSOYB1PROD with BILLS
50 

HR 2055 RFS

1 SEC. 222. Of the amounts made available to the De2 partment of Veterans Affairs for fiscal year 2012, in this 

3 Act or any other Act, under the ‘‘Medical facilities’’ ac4 count for nonrecurring maintenance, not more than 20 

5 percent of the funds made available shall be obligated dur6 ing the last 2 months of that fiscal year: Provided, That 

7 the Secretary may waive this requirement after providing 

8 written notice to the Committees on Appropriations of 

9 both Houses of Congress. 

10 (INCLUDING TRANSFER OF FUNDS)

11 SEC. 223. Of the amounts appropriated to the De12 partment of Veterans Affairs for fiscal year 2012 for 

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

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

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

16 plus reimbursements, may be transferred to the Joint De17 partment of Defense-Department of Veterans Affairs 

18 Medical Facility Demonstration Fund, established by sec19 tion 1704 of the National Defense Authorization Act for 

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

21 and may be used for operation of the facilities designated 

22 as combined Federal medical facilities as described by sec23 tion 706 of the Duncan Hunter National Defense Author24 ization Act for Fiscal Year 2009 (Public Law 110–417; 

25 122 Stat. 4500): Provided, That additional funds may be 


emcdonald on DSK2BSOYB1PROD with BILLS
51 

HR 2055 RFS

1 transferred from accounts designated in this section to the 

2 Joint Department of Defense-Department of Veterans Af3 fairs Medical Facility Demonstration Fund upon written 

4 notification by the Secretary of Veterans Affairs to the 

5 Committees on Appropriations of both Houses of Con6 gress. 

7 (INCLUDING TRANSFER OF FUNDS)

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

9 Medical Care Collections Fund pursuant to section 1729A 

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

11 at facilities designated as combined Federal medical facili12 ties as described by section 706 of the Duncan Hunter 

13 National Defense Authorization Act for Fiscal Year 2009 

14 (Public Law 110–417; 122 Stat. 4500) shall also be avail15 able: (1) for transfer to the Joint Department of Defense16 Department of Veterans Affairs Medical Facility Dem17 onstration Fund, established by section 1704 of the Na18 tional Defense Authorization Act for Fiscal Year 2010 

19 (Public Law 111–84; 123 Stat. 3571); and (2) for oper20 ations of the facilities designated as combined Federal 

21 medical facilities as described by section 706 of the Dun22 can Hunter National Defense Authorization Act for Fiscal 

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


emcdonald on DSK2BSOYB1PROD with BILLS
52 

HR 2055 RFS

1 (INCLUDING TRANSFER OF FUNDS)

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

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

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

5 be transferred to the DOD-VA Health Care Sharing In6 centive Fund, as authorized by section 8111(d) of title 38, 

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

8 purpose authorized by section 8111 of title 38, United 

9 States Code. 

10 (INCLUDING RESCISSION OF FUNDS)

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

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

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

14 rescinded from the following accounts in the amounts 

15 specified: 

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

17 services’’, $1,000,000,000. 

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

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

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

21 facilities’’, $100,000,000. 

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

23 Act, an additional amount is appropriated to the following 

24 accounts in the amounts specified, to remain available 

25 until September 30, 2013: 


emcdonald on DSK2BSOYB1PROD with BILLS
53 

HR 2055 RFS

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

2 services’’, $1,000,000,000. 

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

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

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

6 facilities’’, $100,000,000. 

7 SEC. 227. The Secretary of the Department of Vet8 erans Affairs shall notify the Committees on Appropria9 tions of both Houses of Congress of all bid savings in 

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

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

12 whichever is less: Provided, That such notification shall 

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

14 further, That the Secretary shall notify the committees 14 

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

16 describe the anticipated use of such savings. 

17 SEC. 228. The scope of work for a project included 

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

19 above the scope specified for that project in the original 

20 justification data provided to the Congress as part of the 

21 request for appropriations. 

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

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

24 subsection: 


emcdonald on DSK2BSOYB1PROD with BILLS
54 

HR 2055 RFS

1 ‘‘(l)(1) The Secretary shall disclose to a State con2 trolled substance monitoring program, including a pro3 gram under section 399O of the Public Health Service Act 

4 (42 U.S.C. 280g–3), the name and address of a veteran 

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

6 prevent misuse and diversion of prescription medicines. 

7 ‘‘(2) In this subsection, the terms ‘State’ and ‘con8 trolled substance’ have the meaning given such terms in 

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

10 U.S.C. 280g–3(m)).’’. 

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

12 is amended by adding at the end the following new sub13 paragraph: 

14 ‘‘(G)(i) To a State controlled substance moni15 toring program, including a program under section 

16 399O of the Public Health Service Act (42 U.S.C. 

17 280g–3), to the extent necessary to prevent misuse 

18 and diversion of prescription medicines. 

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

20 and ‘controlled substance’ have the meanings given 

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

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

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

24 the Department of Veterans Affairs to conduct any single 

25 national outreach and awareness marketing campaign, inVerDate Mar 15 2010 22:49 Jun 15, 2011 Jkt 099200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\H2055.RFS H2055

emcdonald on DSK2BSOYB1PROD with BILLS
55 

HR 2055 RFS

1 cluding motorsports sponsorship, prior to submitting a re2 quest to the Committees on Appropriations of both Houses 

3 of Congress and an approval is issued or absent a re4 sponse, a period of 30 days has elapsed. 

5 TITLE III 

6 RELATED AGENCIES 

7 AMERICAN BATTLE MONUMENTS COMMISSION

8 SALARIES AND EXPENSES

9 For necessary expenses, not otherwise provided for, 

10 of the American Battle Monuments Commission, including 

11 the acquisition of land or interest in land in foreign coun12 tries; purchases and repair of uniforms for caretakers of 

13 national cemeteries and monuments outside of the United 

14 States and its territories and possessions; rent of office 

15 and garage space in foreign countries; purchase (one-for16 one replacement basis only) and hire of passenger motor 

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

18 representation expenses; and insurance of official motor 

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

20 countries, $61,100,000, to remain available until ex21 pended. 

22 FOREIGN CURRENCY FLUCTUATIONS ACCOUNT

23 For necessary expenses, not otherwise provided for, 

24 of the American Battle Monuments Commission, such 

25 sums as may be necessary, to remain available until exVerDate Mar 15 2010 22:49 Jun 15, 2011 Jkt 099200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\H2055.RFS H2055

emcdonald on DSK2BSOYB1PROD with BILLS
56 

HR 2055 RFS

1 pended, for purposes authorized by section 2109 of title 

2 36, United States Code. 

3 UNITED STATES COURT OF APPEALS FOR VETERANS

4 CLAIMS

5 SALARIES AND EXPENSES

6 For necessary expenses for the operation of the 

7 United States Court of Appeals for Veterans Claims as 

8 authorized by sections 7251 through 7298 of title 38, 

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

10 $2,726,363 shall be available for the purpose of providing 

11 financial assistance as described, and in accordance with 

12 the process and reporting procedures set forth, under this 

13 heading in Public Law 102–229. 

14 DEPARTMENT OF DEFENSE—CIVIL

15 CEMETERIAL EXPENSES, ARMY

16 SALARIES AND EXPENSES

17 For necessary expenses, as authorized by law, for 

18 maintenance, operation, and improvement of Arlington 

19 National Cemetery and Soldiers’ and Airmen’s Home Na20 tional Cemetery, including the purchase or lease of pas21 senger motor vehicles for replacement on a one-for-one 

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

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

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

25 be necessary for parking maintenance, repairs and reVerDate Mar 15 2010 22:49 Jun 15, 2011 Jkt 099200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 E:\BILLS\H2055.RFS H2055

emcdonald on DSK2BSOYB1PROD with BILLS
57 

HR 2055 RFS

1 placement, to be derived from the ‘‘Lease of Department 

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

3 Funds appropriated under this Act may be provided 

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

5 federally-owned water main at Arlington National Ceme6 tery 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 

11 Retirement Home—Washington, District of Columbia, 

12 and the Armed Forces Retirement Home—Gulfport, Mis13 sissippi, to be paid from funds available in the Armed 

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

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

16 for construction and renovation of the physical plants at 

17 the Armed Forces Retirement Home—Washington, Dis18 trict of Columbia, and the Armed Forces Retirement 

19 Home—Gulfport, Mississippi. 

20 TITLE IV 

21 GENERAL PROVISIONS 

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

23 this Act shall remain available for obligation beyond the 

24 current fiscal year unless expressly so provided herein. 


emcdonald on DSK2BSOYB1PROD with BILLS
58 

HR 2055 RFS

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

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

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

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

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

6 law relating to risk assessment, the protection of private 

7 property rights, or unfunded mandates. 

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

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

10 other than for normal and recognized executive-legislative 

11 relationships, for publicity or propaganda purposes, or for 

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

13 booklet, publication, radio, television, or film presentation 

14 designed to support or defeat legislation pending before 

15 Congress, except in presentation to Congress itself. 

16 SEC. 404. All departments and agencies funded under 

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

18 statutory authorities and funding, to expand their use of 

19 ‘‘E–Commerce’’ technologies and procedures in the con20 duct of their business practices and public service activi21 ties. 

22 SEC. 405. Unless stated otherwise, all reports and no23 tifications required by this Act shall be submitted to the 

24 Subcommittee on Military Construction and Veterans Af25 fairs, and Related Agencies of the Committee on ApproVerDate Mar 15 2010 22:49 Jun 15, 2011 Jkt 099200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 E:\BILLS\H2055.RFS H2055

emcdonald on DSK2BSOYB1PROD with BILLS
59 

HR 2055 RFS

1 priations of the House of Representatives and the Sub2 committee on Military Construction and Veterans Affairs, 

3 and Related Agencies of the Committee on Appropriations 

4 of the Senate. 

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

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

7 individual serving as a Member, Delegate, or Resident 

8 Commissioner of the United States House of Representa9 tives. 

10 SEC. 407. (a) Any agency receiving funds made avail11 able in this Act, shall, subject to subsections (b) and (c), 

12 post on the public website of that agency any report re13 quired to be submitted by the Congress in this or any 

14 other Act, upon the determination by the head of the agen15 cy that it shall serve the national interest. 

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

17 (1) the public posting of the report com18 promises national security; or 

19 (2) the report contains confidential or propri20 etary information. 

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

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

23 the requesting Committee or Committees of Congress for 

24 no less than 45 days. 


emcdonald on DSK2BSOYB1PROD with BILLS
60 

HR 2055 RFS

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

2 Act may be distributed to the Association of Community 

3 Organizations for Reform Now (ACORN) or its subsidi4 aries or successors. 

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

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

7 network unless such network blocks the viewing, 

8 downloading, and exchanging of pornography. 

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

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

11 enforcement agency or any other entity carrying out crimi12 nal investigations, prosecution, or adjudication activities. 

13 SEC. 410. None of the funds appropriated or other14 wise made available in this Act may be used by an agency 

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

16 employee of the agency in contravention of sections 301– 

17 10.122 through 301–10.124 of title 41, Code of Federal 

18 Regulations. 

19 SEC. 411. None of the funds appropriated or other20 wise made available in this Act may be used by an agency 

21 of the executive branch to exercise the power of eminent 

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

23 the payment of just compensation. 

24 SEC. 412. None of the funds appropriated or other25 wise made available to the Department of Defense in this 


emcdonald on DSK2BSOYB1PROD with BILLS
61 

HR 2055 RFS

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

2 facility in the continental United States for the purpose 

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

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

5 Station, Guantanamo Bay, Cuba. 

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

7 be used to execute a contract for goods or services, includ8 ing construction services, where the contractor has not 

9 complied with Executive Order No. 12989. 

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

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

12 of understanding, or cooperative agreement with, or to 

13 make a grant to, any corporation that was convicted of 

14 a felony criminal violation under any Federal or State law 

15 within the preceding 24 months. 

16 SPENDING REDUCTION ACCOUNT

17 SEC. 415. The amount by which the applicable alloca18 tion of new budget authority made by the Committee on 

19 Appropriations of the House of Representatives under sec20 tion 302(b) of the Congressional Budget Act of 1974 ex21 ceeds the amount of proposed new budget authority is $0. 

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

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

24 Department of Veterans Affairs or otherwise take any ac25 tion to exchange, trade, auction, transfer, or otherwise disVerDate Mar 15 2010 22:49 Jun 15, 2011 Jkt 099200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 E:\BILLS\H2055.RFS H2055

emcdonald on DSK2BSOYB1PROD with BILLS
62 

HR 2055 RFS

1 pose of, or reduce the acreage of, Federal land and im2 provements at the St. Albans campus, consisting of ap3 proximately 55 acres of land, with borders near Linden 

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

5 the Long Island Railroad on the northeast, and Baisley 

6 Boulevard on the southeast. 

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

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

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

10 140; 42 U.S.C. 17142). 

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

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

13 that do not give to small business concerns owned and con14 trolled by veterans (as that term is defined in section 

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

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

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

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

19 to small business concerns owned and controlled by serv20 ice-disabled veterans (as that term defined in section 

21 3(q)(2) of the Small Business Act (15 U.S.C. 632(q)(2)). 

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

23 Act may be used in contravention of the War Powers Res24 olution (50 U.S.C. 1541 et seq.). 


emcdonald on DSK2BSOYB1PROD with BILLS
63 

HR 2055 RFS

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

2 and Veterans Affairs and Related Agencies Appropriations 

3 Act, 2012’’. 

Passed the House of Representatives June 14, 2011. 

Attest: KAREN L. HAAS, 

Clerk. 


emcdonald on DSK2BSOYB1PROD with BILLS