In the Senate of the United States, 

July 20 (legislative day, July 19), 2011. 

Resolved, That the bill from the House of Representatives (H.R. 2055) entitled ‘‘An Act making appropriations for 

military construction, the Department of Veterans Affairs, 

and related agencies for the fiscal year ending September 30, 

2012, and for other purposes.’’, do pass with the following 

AMENDMENT: 

Strike out all after the enacting clause and insert: 

1 That the following sums are appropriated, out of any 

2 money in the Treasury not otherwise appropriated, for 

3 military construction, the Department of Veterans Affairs, 

4 and related agencies for the fiscal year ending September 

5 30, 2012, and for other purposes, namely: 

6 TITLE I 

7 DEPARTMENT OF DEFENSE 

8 MILITARY CONSTRUCTION, ARMY

9 For acquisition, construction, installation, and equip10 ment of temporary or permanent public works, military in-
2 

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1 stallations, facilities, and real property for the Army as 

2 currently authorized by law, including personnel in the 

3 Army Corps of Engineers and other personal services nec4 essary for the purposes of this appropriation, and for con5 struction and operation of facilities in support of the func6 tions of the Commander in Chief, $3,066,891,000, to remain 

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

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

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

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

11 Secretary of Defense determines that additional obligations 

12 are necessary for such purposes and notifies the Committees 

13 on Appropriations of both Houses of Congress of the deter14 mination and the reasons therefor. 

15 MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

16 For acquisition, construction, installation, and equip17 ment of temporary or permanent public works, naval in18 stallations, facilities, and real property for the Navy and 

19 Marine Corps as currently authorized by law, including 

20 personnel in the Naval Facilities Engineering Command 

21 and other personal services necessary for the purposes of this 

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

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

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

25 design, and architect and engineer services, as authorized 
3 

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1 by law, unless the Secretary of Defense determines that ad2 ditional obligations are necessary for such purposes and no3 tifies the Committees on Appropriations of both Houses of 

4 Congress of the determination and the reasons therefor. 

5 MILITARY CONSTRUCTION, AIR FORCE

6 For acquisition, construction, installation, and equip7 ment of temporary or permanent public works, military in8 stallations, facilities, and real property for the Air Force 

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

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

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

12 study, planning, design, and architect and engineer serv13 ices, as authorized by law, unless the Secretary of Defense 

14 determines that additional obligations are necessary for 

15 such purposes and notifies the Committees on Appropria16 tions of both Houses of Congress of the determination and 

17 the reasons therefor. 

18 MILITARY CONSTRUCTION, DEFENSE-WIDE

19 (INCLUDING TRANSFER OF FUNDS)

20 For acquisition, construction, installation, and equip21 ment of temporary or permanent public works, installa22 tions, facilities, and real property for activities and agen23 cies of the Department of Defense (other than the military 

24 departments), as currently authorized by law, 

25 $3,380,917,000, to remain available until September 30, 
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1 2016: Provided, That such amounts of this appropriation 

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

3 transferred to such appropriations of the Department of De4 fense available for military construction or family housing 

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

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

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

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

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

10 design, and architect and engineer services, as authorized 

11 by law, unless the Secretary of Defense determines that ad12 ditional obligations are necessary for such purposes and no13 tifies the Committees on Appropriations of both Houses of 

14 Congress of the determination and the reasons therefor: Pro15 vided further, That of the amount appropriated, notwith16 standing any other provision of law, $24,118,000 shall be 

17 available for payments to the North Atlantic Treaty Orga18 nization for the planning, design, and construction of a new 

19 North Atlantic Treaty Organization headquarters. 

20 MILITARY CONSTRUCTION, ARMY NATIONAL GUARD

21 For construction, acquisition, expansion, rehabilita22 tion, and conversion of facilities for the training and ad23 ministration of the Army National Guard, and contribu24 tions therefor, as authorized by chapter 1803 of title 10, 

25 United States Code, and Military Construction Authoriza-
5 

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1 tion Acts, $773,592,000, to remain available until Sep2 tember 30, 2016: Provided, That of the amount appro3 priated, not to exceed $20,671,000 shall be available for 

4 study, planning, design, and architect and engineer serv5 ices, as authorized by law, unless the Director of the Army 

6 National Guard determines that additional obligations are 

7 necessary for such purposes and notifies the Committees on 

8 Appropriations of both Houses of Congress of the determina9 tion and the reasons therefor. 

10 MILITARY CONSTRUCTION, AIR NATIONAL GUARD

11 For construction, acquisition, expansion, rehabilita12 tion, and conversion of facilities for the training and ad13 ministration of the Air National Guard, and contributions 

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

15 States Code, and Military Construction Authorization Acts, 

16 $116,246,000, to remain available until September 30, 

17 2016: Provided, That of the amount appropriated, not to 

18 exceed $9,000,000 shall be available for study, planning, de19 sign, and architect and engineer services, as authorized by 

20 law, unless the Director of the Air National Guard deter21 mines that additional obligations are necessary for such 

22 purposes and notifies the Committees on Appropriations of 

23 both Houses of Congress of the determination and the rea24 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 
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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 
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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 
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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-
10 

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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. 
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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 SEC. 127. (a) CLOSURE OF UMATILLA ARMY CHEM7 ICAL DEPOT, OREGON.—The closure of the Umatilla Army 

8 Chemical Depot, Oregon, and subsequent management and 

9 property disposal, may be carried out in accordance with 

10 procedures and authorities contained in the Defense Base 

11 Closure and Realignment Act of 1990 (part A of title XXIX 

12 of Public Law 101–510; 10 U.S.C. 2687 note). 

13 (b) RETENTION OF PROPERTY AND FACILITIES.—The 

14 Secretary of the Army may retain minimum essential 

15 ranges, facilities, and training areas at Umatilla Army 

16 Chemical Depot, totaling approximately 7,500 acres, as a 

17 training enclave for the reserve components of the Armed 

18 Forces to permit the conduct of individual and annual 

19 training. 

20 (c) OFFICE OF ECONOMIC ADJUSTMENT ACTIVITIES.— 

21 Notwithstanding any other provision of law, the Office of 

22 Economic Adjustment Activities of the Department of De23 fense may make grants and supplement other Federal funds, 

24 using funds made available by title, in connection with the 

25 closure and management and disposal provided for in this 
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† HR 2055 EAS 

1 section, and the projects so supported shall be considered 

2 to be authorized by law. 

3 SEC. 128. None of the funds appropriated or otherwise 

4 made available by this title may be obligated or expended 

5 for a permanent United States Africa Command head6 quarters outside of the United States until the Secretary 

7 of Defense provides the congressional defense committees an 

8 analysis of all military construction costs associated with 

9 establishing a permanent location overseas versus in the 

10 United States. 

11 SEC. 129. None of the funds appropriated or otherwise 

12 made available by this title may be obligated or expended 

13 on a military construction project at Grafenwohr, Ger14 many, or Baumholder, Germany, until the Secretary of the 

15 Army submits to Congress, in writing, a report on installa16 tions and properties in Germany that the Army intends 

17 to return to the host nation, including— 

18 (1) intended timelines for closures along with the 

19 list of military construction projects required at other 

20 installations to facilitate the downsizing and consoli21 dation of Army forces in Germany; 

22 (2) an identification of the brigade combat team 

23 that will be withdrawn from Germany; and 

24 (3) an estimate of costs (including operation and 

25 maintenance costs and military construction costs) to 
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1 be incurred during fiscal years 2012 through 2015 in 

2 connection with keeping the brigade identified in Ger3 many through September 30, 2015 versus stationing 

4 a similar brigade in the United States. 

5 SEC. 130. No later than 90 days after enactment of 

6 this Act, the Secretary of Defense shall report to the congres7 sional defense committees of the Senate and the House of 

8 Representatives on the status and improvement plan for all 

9 DODEA schools with an overall condition rating of Q3 

10 (poor) or Q4 (failing) as identified in the October 2009 Re11 port to Congress on Department of Defense Education Ac12 tivity’s Military Construction Program. 

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 be19 half of veterans and a pilot program for disability examina20 tions as authorized by section 107 and chapters 11, 13, 18, 

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

22 benefits to or on behalf of veterans as authorized by chapters 

23 15, 51, 53, 55, and 61 of title 38, United States Code; and 

24 burial benefits, the Reinstated Entitlement Program for 

25 Survivors, emergency and other officers’ retirement pay, ad-
26 

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1 justed-service credits and certificates, payment of premiums 

2 due on commercial life insurance policies guaranteed under 

3 the provisions of title IV of the Servicemembers Civil Relief 

4 Act (50 U.S.C. App. 541 et seq.) and for other benefits as 

5 authorized by sections 107, 1312, 1977, and 2106, and 

6 chapters 23, 51, 53, 55, and 61 of title 38, United States 

7 Code, $58,067,319,000, to remain available until expended: 

8 Provided, That not to exceed $32,187,000 of the amount ap9 propriated under this heading shall be reimbursed to ‘‘Gen10 eral operating expenses, Veterans Benefits Administration’’, 

11 ‘‘Medical support and compliance’’, and ‘‘Information tech12 nology systems’’ for necessary expenses in implementing the 

13 provisions of chapters 51, 53, and 55 of title 38, United 

14 States Code, the funding source for which is specifically 

15 provided as the ‘‘Compensation and pensions’’ appropria16 tion: Provided further, That such sums as may be earned 

17 on an actual qualifying patient basis, shall be reimbursed 

18 to ‘‘Medical care collections fund’’ to augment the funding 

19 of individual medical facilities for nursing home care pro20 vided to pensioners as authorized. 

21 READJUSTMENT BENEFITS

22 For the payment of readjustment and rehabilitation 

23 benefits to or on behalf of veterans as authorized by chapters 

24 21, 30, 31, 33, 34, 35, 36, 39, 51, 53, 55, and 61 of title 

25 38, United States Code, $11,011,086,000, to remain avail-
27 

† HR 2055 EAS 

1 able until expended: Provided, That expenses for rehabilita2 tion program services and assistance which the Secretary 

3 is authorized to provide under subsection (a) of section 3104 

4 of title 38, United States Code, other than under para5 graphs (1), (2), (5), and (11) of that subsection, shall be 

6 charged to this account. 

7 VETERANS INSURANCE AND INDEMNITIES

8 For military and naval insurance, national service life 

9 insurance, servicemen’s indemnities, service-disabled vet10 erans insurance, and veterans mortgage life insurance as 

11 authorized by title 38, United States Code, chapters 19 and 

12 21, $100,252,000, to remain available until expended. 

13 VETERANS HOUSING BENEFIT PROGRAM FUND

14 For the cost of direct and guaranteed loans, such sums 

15 as may be necessary to carry out the program, as authorized 

16 by subchapters I through III of chapter 37 of title 38, 

17 United States Code: Provided, That such costs, including 

18 the cost of modifying such loans, shall be as defined in sec19 tion 502 of the Congressional Budget Act of 1974: Provided 

20 further, That during fiscal year 2012, within the resources 

21 available, not to exceed $500,000 in gross obligations for 

22 direct loans are authorized for specially adapted housing 

23 loans. 

24 In addition, for administrative expenses to carry out 

25 the direct and guaranteed loan programs, $154,698,000. 
28 

† HR 2055 EAS 

1 VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT

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

3 chapter 31 of title 38, United States Code: Provided, That 

4 such costs, including the cost of modifying such loans, shall 

5 be as defined in section 502 of the Congressional Budget 

6 Act of 1974: Provided further, That funds made available 

7 under this heading are available to subsidize gross obliga8 tions for the principal amount of direct loans not to exceed 

9 $3,019,000. 

10 In addition, for administrative expenses necessary to 

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

12 be paid to the appropriation for ‘‘General operating ex13 penses, Veterans Benefits Administration’’. 

14 NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM

15 ACCOUNT

16 For administrative expenses to carry out the direct 

17 loan program authorized by subchapter V of chapter 37 of 

18 title 38, United States Code, $1,116,000. 

19 VETERANS HEALTH ADMINISTRATION

20 MEDICAL SERVICES

21 (INCLUDING TRANSFER OF FUNDS)

22 For necessary expenses for furnishing, as authorized 

23 by law, inpatient and outpatient care and treatment to 

24 beneficiaries of the Department of Veterans Affairs and vet25 erans described in section 1705(a) of title 38, United States 
29 

† HR 2055 EAS 

1 Code, including care and treatment in facilities not under 

2 the jurisdiction of the Department, and including medical 

3 supplies and equipment, food services, and salaries and ex4 penses of health care employees hired under title 38, United 

5 States Code, aid to State homes as authorized by section 

6 1741 of title 38, United States Code, assistance and support 

7 services for caregivers as authorized by section 1720G of 

8 title 38, United States Code, and loan repayments author9 ized by section 604 of Public Law 111–163; 

10 $41,354,000,000, plus reimbursements, shall become avail11 able on October 1, 2012, and shall remain available until 

12 September 30, 2013: Provided, That notwithstanding any 

13 other provision of law, the Secretary of Veterans Affairs 

14 shall establish a priority for the provision of medical treat15 ment for veterans who have service-connected disabilities, 

16 lower income, or have special needs: Provided further, That, 

17 notwithstanding any other provision of law, the Secretary 

18 of Veterans Affairs shall give priority funding for the provi19 sion of basic medical benefits to veterans in enrollment pri20 ority groups 1 through 6: Provided further, That, notwith21 standing any other provision of law, the Secretary of Vet22 erans Affairs may authorize the dispensing of prescription 

23 drugs from Veterans Health Administration facilities to en24 rolled veterans with privately written prescriptions based 

25 on requirements established by the Secretary: Provided fur-
30 

† HR 2055 EAS 

1 ther, That the implementation of the program described in 

2 the previous proviso shall incur no additional cost to the 

3 Department of Veterans Affairs. 

4 MEDICAL SUPPORT AND COMPLIANCE

5 For necessary expenses in the administration of the 

6 medical, hospital, nursing home, domiciliary, construction, 

7 supply, and research activities, as authorized by law; ad8 ministrative expenses in support of capital policy activities; 

9 and administrative and legal expenses of the Department 

10 for collecting and recovering amounts owed the Department 

11 as authorized under chapter 17 of title 38, United States 

12 Code, and the Federal Medical Care Recovery Act (42 

13 U.S.C. 2651 et seq.); $5,746,000,000, plus reimbursements, 

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

15 available until September 30, 2013. 

16 MEDICAL FACILITIES

17 For necessary expenses for the maintenance and oper18 ation of hospitals, nursing homes, and domiciliary facilities 

19 and other necessary facilities of the Veterans Health Admin20 istration; for administrative expenses in support of plan21 ning, design, project management, real property acquisition 

22 and disposition, construction, and renovation of any facil23 ity under the jurisdiction or for the use of the Department; 

24 for oversight, engineering, and architectural activities not 

25 charged to project costs; for repairing, altering, improving, 
31 

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1 or providing facilities in the several hospitals and homes 

2 under the jurisdiction of the Department, not otherwise pro3 vided for, either by contract or by the hire of temporary 

4 employees and purchase of materials; for leases of facilities; 

5 and for laundry services, $5,441,000,000, plus reimburse6 ments, shall become available on October 1, 2012, and shall 

7 remain available until September 30, 2013. 

8 MEDICAL AND PROSTHETIC RESEARCH

9 For necessary expenses in carrying out programs of 

10 medical and prosthetic research and development as author11 ized by chapter 73 of title 38, United States Code, 

12 $581,000,000, plus reimbursements, shall remain available 

13 until September 30, 2013. 

14 NATIONAL CEMETERY ADMINISTRATION

15 For necessary expenses of the National Cemetery Ad16 ministration for operations and maintenance, not otherwise 

17 provided for, including uniforms or allowances therefor; 

18 cemeterial expenses as authorized by law; purchase of one 

19 passenger motor vehicle for use in cemeterial operations; 

20 hire of passenger motor vehicles; and repair, alteration or 

21 improvement of facilities under the jurisdiction of the Na22 tional Cemetery Administration, $250,934,000, of which 

23 not to exceed $25,100,000 shall remain available until Sep24 tember 30, 2013. 
32 

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1 DEPARTMENTAL ADMINISTRATION

2 GENERAL ADMINISTRATION

3 (INCLUDING TRANSFER OF FUNDS)

4 For necessary operating expenses of the Department of 

5 Veterans Affairs, not otherwise provided for, including ad6 ministrative expenses in support of Department-Wide cap7 ital planning, management and policy activities, uniforms, 

8 or allowances therefor; not to exceed $25,000 for official re9 ception and representation expenses; hire of passenger 

10 motor vehicles; and reimbursement of the General Services 

11 Administration for security guard services, $431,257,000, 

12 of which not to exceed $21,562,000 shall remain available 

13 until September 30, 2013: Provided, That $15,000,000 shall 

14 be to increase the Department’s acquisition workforce ca15 pacity and capabilities and may be transferred by the Sec16 retary to any other account in the Department to carry out 

17 the purposes provided therein: Provided further, That funds 

18 provided under this heading may be transferred to ‘‘General 

19 operating expenses, Veterans Benefits Administration’’. 

20 GENERAL OPERATING EXPENSES, VETERANS BENEFITS

21 ADMINISTRATION

22 For necessary operating expenses of the Veterans Bene23 fits Administration, not otherwise provided for, including 

24 hire of passenger motor vehicles, and reimbursement of the 

25 Department of Defense for the cost of overseas employee 
33 

† HR 2055 EAS 

1 mail, $2,018,764,000: Provided, That expenses for services 

2 and assistance authorized under paragraphs (1), (2), (5), 

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

4 that the Secretary of Veterans Affairs determines are nec5 essary to enable entitled veterans: (1) to the maximum ex6 tent feasible, to become employable and to obtain and main7 tain suitable employment; or (2) to achieve maximum inde8 pendence in daily living, shall be charged to this account: 

9 Provided further, That of the funds made available under 

10 this heading, not to exceed $105,000,000 shall remain avail11 able until September 20, 2013: Provided further, That from 

12 the funds made available under this heading, the Veterans 

13 Benefits Administration may purchase (on a one-for-one re14 placement basis only) up to two passenger motor vehicles 

15 for use in operations of that Administration in Manila, 

16 Philippines. 

17 INFORMATION TECHNOLOGY SYSTEMS

18 For necessary expenses for information technology sys19 tems and telecommunications support, including develop20 mental information systems and operational information 

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

22 asset acquisition of information technology systems, includ23 ing management and related contractual costs of said ac24 quisitions, including contractual costs associated with oper25 ations authorized by section 3109 of title 5, United States 
34 

† HR 2055 EAS 

1 Code, $3,161,376,000, plus reimbursements: Provided, That 

2 $915,000,000 shall be for pay and associated costs, of which 

3 not to exceed $25,000,000 shall remain available until Sep4 tember 30, 2013: Provided further, That $1,709,953,000 

5 shall be for operations and maintenance as designated in 

6 the President’s 2012 budget justification, of which not to 

7 exceed $110,000,000 shall remain available until September 

8 30, 2013: Provided further, That $536,423,000 shall be for 

9 information technology systems development, moderniza10 tion, and enhancement as designated in the President’s 

11 2012 budget justification, and shall remain available until 

12 September 30, 2013: Provided further, That none of the 

13 funds made available under this heading may be obligated 

14 until the Department of Veterans Affairs submits to the 

15 Committees on Appropriations of both Houses of Congress, 

16 and such Committees approve, a plan for expenditure that: 

17 (1) meets the capital planning and investment 

18 control review requirements established by the Office 

19 of Management and Budget; 

20 (2) complies with the Department of Veterans Af21 fairs enterprise architecture; 

22 (3) conforms with an established enterprise life 

23 cycle methodology; and 

24 (4) complies with the acquisition rules, require25 ments, guidelines, and systems acquisition manage-
35 

† HR 2055 EAS 

1 ment practices of the Federal Government: Provided 

2 further, That amounts made available for information 

3 technology systems development, modernization, and 

4 enhancement may not be obligated or expended until 

5 the Secretary of Veterans Affairs or the Chief Infor6 mation Officer of the Department of Veterans Affairs 

7 submits to the Committees on Appropriations of both 

8 Houses of Congress a certification of the amounts, in 

9 parts or in full, to be obligated and expended for each 

10 development project: Provided further, That amounts 

11 made available for salaries and expenses, operations 

12 and maintenance, and information technology sys13 tems development, modernization, and enhancement 

14 may be transferred among the three subaccounts after 

15 the Secretary of Veterans Affairs requests from the 

16 Committees on Appropriations of both Houses of Con17 gress the authority to make the transfer and an ap18 proval is issued: Provided further, That the funds 

19 made available under this heading for information 

20 technology systems development, modernization, and 

21 enhancement, shall be for the projects and in the 

22 amounts, specified under this heading in the report 

23 accompanying this Act. 
36 

† HR 2055 EAS 

1 OFFICE OF INSPECTOR GENERAL

2 For necessary expenses of the Office of Inspector Gen3 eral, to include information technology, in carrying out the 

4 provisions of the Inspector General Act of 1978 (5 U.S.C. 

5 App.), $112,391,000, of which $6,600,000 shall remain 

6 available until September 30, 2013. 

7 CONSTRUCTION, MAJOR PROJECTS

8 For constructing, altering, extending, and improving 

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

10 jurisdiction or for the use of the Department of Veterans 

11 Affairs, or for any of the purposes set forth in sections 316, 

12 2404, 2406, 8102, 8103, 8106, 8108, 8109, 8110, and 8122 

13 of title 38, United States Code, including planning, archi14 tectural and engineering services, construction management 

15 services, maintenance or guarantee period services costs as16 sociated with equipment guarantees provided under the 

17 project, services of claims analysts, offsite utility and storm 

18 drainage system construction costs, and site acquisition, 

19 where the estimated cost of a project is more than the 

20 amount set forth in section 8104(a)(3)(A) of title 38, United 

21 States Code, or where funds for a project were made avail22 able in a previous major project appropriation, 

23 $589,604,000, to remain available until expended, of which 

24 $5,000,000 shall be to make reimbursements as provided in 

25 section 13 of the Contract Disputes Act of 1978 (41 U.S.C. 
37 

† HR 2055 EAS 

1 612) for claims paid for contract disputes: Provided, That 

2 except for advance planning activities, including needs as3 sessments which may or may not lead to capital invest4 ments, and other capital asset management related activi5 ties, including portfolio development and management ac6 tivities, and investment strategy studies funded through the 

7 advance planning fund and the planning and design activi8 ties funded through the design fund, including needs assess9 ments which may or may not lead to capital investments, 

10 and salaries and associated costs of the resident engineers 

11 who oversee those capital investments funded through this 

12 account, and funds provided for the purchase of land for 

13 the National Cemetery Administration through the land ac14 quisition line item, none of the funds made available under 

15 this heading shall be used for any project which has not 

16 been approved by the Congress in the budgetary process: 

17 Provided further, That funds made available under this 

18 heading for fiscal year 2012, for each approved project shall 

19 be obligated: 

20 (1) by the awarding of a construction documents 

21 contract by September 30, 2012; and 

22 (2) by the awarding of a construction contract 

23 by September 30, 2013: Provided further, That the 

24 Secretary of Veterans Affairs shall promptly submit 

25 to the Committees on Appropriations of both Houses 
38 

† HR 2055 EAS 

1 of Congress a written report on any approved major 

2 construction project for which obligations are not in3 curred within the time limitations established above. 

4 CONSTRUCTION, MINOR PROJECTS

5 For constructing, altering, extending, and improving 

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

7 jurisdiction or for the use of the Department of Veterans 

8 Affairs, including planning and assessments of needs which 

9 may lead to capital investments, architectural and engi10 neering services, maintenance or guarantee period services 

11 costs associated with equipment guarantees provided under 

12 the project, services of claims analysts, offsite utility and 

13 storm drainage system construction costs, and site acquisi14 tion, or for any of the purposes set forth in sections 316, 

15 2404, 2406, 8102, 8103, 8106, 8108, 8109, 8110, 8122, and 

16 8162 of title 38, United States Code, where the estimated 

17 cost of a project is equal to or less than the amount set 

18 forth in section 8104(a)(3)(A) of title 38, United States 

19 Code, $550,091,000, to remain available until expended, 

20 along with unobligated balances of previous ‘‘Construction, 

21 minor projects’’ appropriations which are hereby made 

22 available for any project where the estimated cost is equal 

23 to or less than the amount set forth in such section: Pro24 vided, That funds made available under this heading shall 

25 be for: 
39 

† HR 2055 EAS 

1 (1) repairs to any of the nonmedical facilities 

2 under the jurisdiction or for the use of the Depart3 ment which are necessary because of loss or damage 

4 caused by any natural disaster or catastrophe; and 

5 (2) temporary measures necessary to prevent or 

6 to minimize further loss by such causes. 

7 GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE

8 FACILITIES

9 For grants to assist States to acquire or construct 

10 State nursing home and domiciliary facilities and to re11 model, modify, or alter existing hospital, nursing home, and 

12 domiciliary facilities in State homes, for furnishing care 

13 to veterans as authorized by sections 8131 through 8137 of 

14 title 38, United States Code, $85,000,000, to remain avail15 able until expended. 

16 GRANTS FOR CONSTRUCTION OF VETERANS CEMETERIES

17 For grants to assist States and tribal governments in 

18 establishing, expanding, or improving veterans cemeteries 

19 as authorized by section 2408 of title 38, United States 

20 Code, $46,000,000, to remain available until expended. 

21 ADMINISTRATIVE PROVISIONS

22 (INCLUDING TRANSFER OF FUNDS)

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

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

25 and ‘‘Veterans insurance and indemnities’’ may be trans-
40 

† HR 2055 EAS 

1 ferred as necessary to any other of the mentioned appro2 priations: Provided, That before a transfer may take place, 

3 the Secretary of Veterans Affairs shall request from the 

4 Committees on Appropriations of both Houses of Congress 

5 the authority to make the transfer and such Committees 

6 issue an approval, or absent a response, a period of 30 days 

7 has elapsed. 

8 (INCLUDING TRANSFER OF FUNDS)

9 SEC. 202. Amounts made available for the Department 

10 of Veterans Affairs for fiscal year 2012, in this Act or any 

11 other Act, under the ‘‘Medical services’’, ‘‘Medical support 

12 and compliance’’, and ‘‘Medical facilities’’ accounts may be 

13 transferred among the accounts: Provided, That any trans14 fers between the ‘‘Medical services’’ and ‘‘Medical support 

15 and compliance’’ accounts of 1 percent or less of the total 

16 amount appropriated to the account in this or any other 

17 Act may take place subject to notification from the Sec18 retary of Veterans Affairs to the Committees on Appropria19 tions of both Houses of Congress of the amount and purpose 

20 of the transfer: Provided further, That any transfers be21 tween the ‘‘Medical services’’ and ‘‘Medical support and 

22 compliance’’ accounts in excess of 1 percent, or exceeding 

23 the cumulative 1 percent for the fiscal year, may take place 

24 only after the Secretary requests from the Committees on 

25 Appropriations of both Houses of Congress the authority to 
41 

† HR 2055 EAS 

1 make the transfer and an approval is issued: Provided fur2 ther, That any transfers to or from the ‘‘Medical facilities’’ 

3 account may take place only after the Secretary requests 

4 from the Committees on Appropriations of both Houses of 

5 Congress the authority to make the transfer and an ap6 proval is issued. 

7 SEC. 203. Appropriations available in this title for sal8 aries and expenses shall be available for services authorized 

9 by section 3109 of title 5, United States Code, hire of pas10 senger motor vehicles; lease of a facility or land or both; 

11 and uniforms or allowances therefore, as authorized by sec12 tions 5901 through 5902 of title 5, United States Code. 

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

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

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

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

17 new hospital or home. 

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

19 available for hospitalization or examination of any persons 

20 (except beneficiaries entitled to such hospitalization or ex21 amination under the laws providing such benefits to vet22 erans, and persons receiving such treatment under sections 

23 7901 through 7904 of title 5, United States Code, or the 

24 Robert T. Stafford Disaster Relief and Emergency Assist25 ance Act (42 U.S.C. 5121 et seq.)), unless reimbursement 
42 

† HR 2055 EAS 

1 of the cost of such hospitalization or examination is made 

2 to the ‘‘Medical services’’ account at such rates as may be 

3 fixed by the Secretary of Veterans Affairs. 

4 SEC. 206. Appropriations available in this title for 

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

6 and ‘‘Veterans insurance and indemnities’’ shall be avail7 able for payment of prior year accrued obligations required 

8 to be recorded by law against the corresponding prior year 

9 accounts within the last quarter of fiscal year 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 Code, 

14 except that if such obligations are from trust fund accounts 

15 they shall be payable only from ‘‘Compensation and pen16 sions’’. 

17 (INCLUDING TRANSFER OF FUNDS)

18 SEC. 208. Notwithstanding any other provision of law, 

19 during fiscal year 2012, the Secretary of Veterans Affairs 

20 shall, from the National Service Life Insurance Fund under 

21 section 1920 of title 38, United States Code, the Veterans’ 

22 Special Life Insurance Fund under section 1923 of title 38, 

23 United States Code, and the United States Government Life 

24 Insurance Fund under section 1955 of title 38, United 

25 States Code, reimburse the ‘‘General operating expenses, 
43 

† HR 2055 EAS 

1 Veterans Benefits Administration’’ and ‘‘Information tech2 nology systems’’ accounts for the cost of administration of 

3 the insurance programs financed through those accounts: 

4 Provided, That reimbursement shall be made only from the 

5 surplus earnings accumulated in such an insurance pro6 gram during fiscal year 2012 that are available for divi7 dends in that program after claims have been paid and ac8 tuarially determined reserves have been set aside: Provided 

9 further, That if the cost of administration of such an insur10 ance program exceeds the amount of surplus earnings accu11 mulated in that program, reimbursement shall be made 

12 only to the extent of such surplus earnings: Provided fur13 ther, That the Secretary shall determine the cost of adminis14 tration for fiscal year 2012 which is properly allocable to 

15 the provision of each such insurance program and to the 

16 provision of any total disability income insurance included 

17 in that insurance program. 

18 SEC. 209. Amounts deducted from enhanced-use lease 

19 proceeds to reimburse an account for expenses incurred by 

20 that account during a prior fiscal year for providing en21 hanced-use lease services, may be obligated during the fiscal 

22 year in which the proceeds are received. 

23 (INCLUDING TRANSFER OF FUNDS)

24 SEC. 210. Funds available in this title or funds for 

25 salaries and other administrative expenses shall also be 
44 

† HR 2055 EAS 

1 available to reimburse the Office of Resolution Management 

2 of the Department of Veterans Affairs and the Office of Em3 ployment Discrimination Complaint Adjudication under 

4 section 319 of title 38, United States Code, for all services 

5 provided at rates which will recover actual costs but not 

6 exceed $42,904,000 for the Office of Resolution Management 

7 and $3,360,000 for the Office of Employment and Discrimi8 nation Complaint Adjudication: Provided, That payments 

9 may be made in advance for services to be furnished based 

10 on estimated costs: Provided further, That amounts received 

11 shall be credited to the ‘‘General administration’’ and ‘‘In12 formation technology systems’’ accounts for use by the office 

13 that provided the service. 

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

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

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

17 unless the Secretary submits a report which the Committees 

18 on Appropriations of both Houses of Congress approve with19 in 30 days following the date on which the report is re20 ceived. 

21 SEC. 212. No funds of the Department of Veterans Af22 fairs shall be available for hospital care, nursing home care, 

23 or medical services provided to any person under chapter 

24 17 of title 38, United States Code, for a non-service-con25 nected disability described in section 1729(a)(2) of such 
45 

† HR 2055 EAS 

1 title, unless that person has disclosed to the Secretary of 

2 Veterans Affairs, in such form as the Secretary may require, 

3 current, accurate third-party reimbursement information 

4 for purposes of section 1729 of such title: Provided, That 

5 the Secretary may recover, in the same manner as any other 

6 debt due the United States, the reasonable charges for such 

7 care or services from any person who does not make such 

8 disclosure as required: Provided further, That any amounts 

9 so recovered for care or services provided in a prior fiscal 

10 year may be obligated by the Secretary during the fiscal 

11 year in which amounts are received. 

12 (INCLUDING TRANSFER OF FUNDS)

13 SEC. 213. Notwithstanding any other provision of law, 

14 proceeds or revenues derived from enhanced-use leasing ac15 tivities (including disposal) may be deposited into the 

16 ‘‘Construction, major projects’’ and ‘‘Construction, minor 

17 projects’’ accounts and be used for construction (including 

18 site acquisition and disposition), alterations, and improve19 ments of any medical facility under the jurisdiction or for 

20 the use of the Department of Veterans Affairs. Such sums 

21 as realized are in addition to the amount provided for in 

22 ‘‘Construction, major projects’’ and ‘‘Construction, minor 

23 projects’’. 

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

25 services’’ are available— 
46 

† HR 2055 EAS 

1 (1) for furnishing recreational facilities, sup2 plies, and equipment; and 

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

4 other expenses incidental to funerals and burials for 

5 beneficiaries receiving care in the Department. 

6 (INCLUDING TRANSFER OF FUNDS)

7 SEC. 215. Such sums as may be deposited to the Med8 ical Care Collections Fund pursuant to section 1729A of 

9 title 38, United States Code, may be transferred to ‘‘Medical 

10 services’’, to remain available until expended for the pur11 poses of that account. 

12 SEC. 216. The Secretary of Veterans Affairs may enter 

13 into agreements with Indian tribes and tribal organizations 

14 which are party to the Alaska Native Health Compact with 

15 the Indian Health Service, and Indian tribes and tribal 

16 organizations serving rural Alaska which have entered into 

17 contracts with the Indian Health Service under the Indian 

18 Self Determination and Educational Assistance Act, to pro19 vide healthcare, including behavioral health and dental 

20 care. The Secretary shall require participating veterans and 

21 facilities to comply with all appropriate rules and regula22 tions, as established by the Secretary. The term ‘‘rural Alas23 ka’’ shall mean those lands sited within the external bound24 aries of the Alaska Native regions specified in sections 

25 7(a)(1)–(4) and (7)–(12) of the Alaska Native Claims Set-
47 

† HR 2055 EAS 

1 tlement Act, as amended (43 U.S.C. 1606), and those lands 

2 within the Alaska Native regions specified in sections 

3 7(a)(5) and 7(a)(6) of the Alaska Native Claims Settlement 

4 Act, as amended (43 U.S.C. 1606), which are not within 

5 the boundaries of the Municipality of Anchorage, the Fair6 banks North Star Borough, the Kenai Peninsula Borough 

7 or the Matanuska Susitna Borough. 

8 (INCLUDING TRANSFER OF FUNDS)

9 SEC. 217. Such sums as may be deposited to the De10 partment of Veterans Affairs Capital Asset Fund pursuant 

11 to section 8118 of title 38, United States Code, may be 

12 transferred to the ‘‘Construction, major projects’’ and ‘‘Con13 struction, minor projects’’ accounts, to remain available 

14 until expended for the purposes of these accounts. 

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

16 title may be used to implement any policy prohibiting the 

17 Directors of the Veterans Integrated Services Networks from 

18 conducting outreach or marketing to enroll new veterans 

19 within their respective Networks. 

20 SEC. 219. The Secretary of Veterans Affairs shall sub21 mit to the Committees on Appropriations of both Houses 

22 of Congress a quarterly report on the financial status of 

23 the Veterans Health Administration. 
48 

† HR 2055 EAS 

1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 220. Amounts made available under the ‘‘Medical 

3 services’’, ‘‘Medical support and compliance’’, ‘‘Medical fa4 cilities’’, ‘‘General operating expenses, Veterans Benefits 

5 Administration’’, ‘‘General administration’’, and ‘‘Na6 tional cemetery administration’’ accounts for fiscal year 

7 2012, may be transferred to or from the ‘‘Information tech8 nology systems’’ account: Provided, That before a transfer 

9 may take place, the Secretary of Veterans Affairs shall re10 quest from the Committees on Appropriations of both 

11 Houses of Congress the authority to make the transfer and 

12 an approval is issued. 

13 (INCLUDING TRANSFER OF FUNDS)

14 SEC. 221. Amounts made available for the ‘‘Informa15 tion technology systems’’ account for development, mod16 ernization, and enhancement may be transferred between 

17 projects or to newly defined projects: Provided, That no 

18 project may be increased or decreased by more than 

19 $1,000,000 of cost prior to submitting a request to the Com20 mittees on Appropriations of both Houses of Congress to 

21 make the transfer and an approval is issued, or absent a 

22 response, a period of 30 days has elapsed. 

23 SEC. 222. None of the funds appropriated or otherwise 

24 made available by this Act or any other Act for the Depart-
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1 ment of Veterans Affairs may be used in a manner that 

2 is inconsistent with— 

3 (1) section 842 of the Transportation, Treasury, 

4 Housing and Urban Development, the Judiciary, the 

5 District of Columbia, and Independent Agencies Ap6 propriations Act, 2006 (Public Law 109–115; 119 

7 Stat. 2506); or 

8 (2) section 8110(a)(5) of title 38, United States 

9 Code. 

10 SEC. 223. 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’’ account 

13 for nonrecurring maintenance, not more than 20 percent 

14 of the funds made available shall be obligated during the 

15 last 2 months of that fiscal year: Provided, That the Sec16 retary may waive this requirement after providing written 

17 notice to the Committees on Appropriations of both Houses 

18 of Congress. 

19 (INCLUDING TRANSFER OF FUNDS)

20 SEC. 224. Of the amounts appropriated to the Depart21 ment of Veterans Affairs for fiscal year 2011 for ‘‘Medical 

22 services’’, ‘‘Medical support and compliance’’, ‘‘Medical fa23 cilities’’, ‘‘Construction, minor projects’’, and ‘‘Information 

24 technology systems’’, up to $241,666,000, plus reimburse25 ments, may be transferred to the Joint Department of De-
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1 fense-Department of Veterans Affairs Medical Facility 

2 Demonstration Fund, established by section 1704 of title 

3 XVII of the National Defense Authorization Act for Fiscal 

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

5 be used for operation of the facilities designated as combined 

6 Federal medical facilities as described by section 706 of the 

7 Duncan Hunter National Defense Authorization Act for 

8 Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4500): 

9 Provided, That additional funds may be transferred from 

10 accounts designated in this section to the Joint Department 

11 of Defense-Department of Veterans Affairs Medical Facility 

12 Demonstration Fund upon written notification by the Sec13 retary of Veterans Affairs to the Committees on Appropria14 tions of both Houses of Congress. 

15 (INCLUDING TRANSFER OF FUNDS)

16 SEC. 225. Such sums as may be deposited to the Med17 ical Care Collections Fund pursuant to section 1729A of 

18 title 38, United States Code, for healthcare provided at fa19 cilities designated as combined Federal medical facilities as 

20 described by section 706 of the Duncan Hunter National 

21 Defense Authorization Act for Fiscal Year 2009 (Public 

22 Law 110–417; 122 Stat. 4500) shall also be available: 

23 (1) for transfer to the Joint Department of De24 fense-Department of Veterans Affairs Medical Facility 

25 Demonstration Fund, established by section 1704 of 
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1 title XVII of the National Defense Authorization Act 

2 for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 

3 3571); and 

4 (2) for operations of the facilities designated as 

5 combined Federal medical facilities as described by 

6 section 706 of the Duncan Hunter National Defense 

7 Authorization Act for Fiscal Year 2009 (Public Law 

8 110–417; 122 Stat. 4500). 

9 (INCLUDING TRANSFER OF FUNDS)

10 SEC. 226. Of the amounts available in this title for 

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

12 ‘‘Medical facilities’’, a minimum of $15,000,000, shall be 

13 transferred to the Department of Defense/Department of 

14 Veterans Affairs Health Care Sharing Incentive Fund, as 

15 authorized by section 8111(d) of title 38, United States 

16 Code, to remain available until expended, for any purpose 

17 authorized by section 8111 of title 38, United States Code. 

18 (INCLUDING RESCISSION OF FUNDS)

19 SEC. 227. (a) Of the funds appropriated in title X of 

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

21 which will become available on October 1, 2011, are hereby 

22 rescinded from the following accounts in the amounts speci23 fied: 

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

25 services’’, $1,400,000,000. 
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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 fa4 cilities’’, $250,000,000. 

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 become available on 

8 October 1, 2011, and to remain available until September 

9 30, 2013: 

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

11 services’’, $1,400,000,000. 

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

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

14 (3) ‘‘Department of Veterans Affairs, Medical fa15 cilities’’, $250,000,000. 

16 SEC. 228. The Secretary of the Department of Veterans 

17 Affairs shall notify the Committees on Appropriations of 

18 both Houses of Congress of all bid savings in major con19 struction projects that total at least $5,000,000, or 5 percent 

20 of the programmed amount of the project, whichever is less: 

21 Provided, That such notification shall occur within 14 days 

22 of a contract identifying the programmed amount: Provided 

23 further, That the Secretary shall notify the committees 14 

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

25 describe the anticipated use of such savings. 
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1 SEC. 229. The scope of work for a project included in 

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

3 the scope specified for that project in the original justifica4 tion data provided to the Congress as part of the request 

5 for appropriations. 

6 SEC. 230. (a) Not later than 90 days after the date 

7 of the enactment of this Act, the Secretary of Veterans Af8 fairs, in coordination with the Defense Advanced Research 

9 Projects Agency (DARPA), shall submit to the Committee 

10 on Appropriations, the Committee on Veterans’ Affairs, and 

11 the Committee on Armed Services of the Senate and the 

12 Committee on Appropriations, the Committee on Veterans’ 

13 Affairs, and the Committee on Armed Services of the House 

14 of Representatives a report, in writing, on the plans of the 

15 Secretary to make available to injured members of the 

16 Armed Forces and veterans the next generation of advanced 

17 prosthetics. 

18 (b) The report required by subsection (a) shall include 

19 the following: 

20 (1) Details of the strategic plan and timetable of 

21 the Secretary to make available to injured members of 

22 the Armed Forces and veterans the next generation of 

23 advanced prosthetics 

24 (2) A description of the challenges, both technical 

25 and administrative, that could delay injured members 
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1 of the Armed Forces and veterans access to prosthetics 

2 described in paragraph (1). 

3 (3) The plans of the Secretary to address these 

4 challenges described under paragraph (2). 

5 TITLE III 

6 RELATED AGENCIES 

7 AMERICAN BATTLE MONUMENTS COMMISSION

8 SALARIES AND EXPENSES

9 For necessary expenses, not otherwise provided for, of 

10 the American Battle Monuments Commission, including the 

11 acquisition of land or interest in land in foreign countries; 

12 purchases and repair of uniforms for caretakers of national 

13 cemeteries and monuments outside of the United States and 

14 its territories and possessions; rent of office and garage 

15 space in foreign countries; purchase (one-for-one replace16 ment basis only) and hire of passenger motor vehicles; not 

17 to exceed $7,500 for official reception and representation 

18 expenses; and insurance of official motor vehicles in foreign 

19 countries, when required by law of such countries, 

20 $61,100,000, to remain available until expended. 

21 FOREIGN CURRENCY FLUCTUATIONS ACCOUNT

22 For necessary expenses, not otherwise provided for, of 

23 the American Battle Monuments Commission, such sums as 

24 may be necessary, to remain available until expended, for 
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1 purposes authorized by section 2109 of title 36, United 

2 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 United 

7 States Court of Appeals for Veterans Claims as authorized 

8 by sections 7251 through 7298 of title 38, United States 

9 Code, $30,770,000: Provided, That $2,726,323 shall be 

10 available for the purpose of providing financial assistance 

11 as described, and in accordance with the process and report12 ing procedures set forth, under this heading in Public Law 

13 102–229. 

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 Na19 tional Cemetery and Soldiers’ and Airmen’s Home Na20 tional Cemetery, including the purchase of two passenger 

21 motor vehicles for replacement only, and not to exceed 

22 $1,000 for official reception and representation expenses, 

23 $45,800,000, to remain available until expended: Provided, 

24 That none of the funds available under this heading shall 

25 be for construction of a perimeter wall at Arlington Na-
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1 tional Cemetery. In addition, such sums as may be nec2 essary for parking maintenance, repairs and replacement, 

3 to be derived from the Lease of Department of Defense Real 

4 Property for Defense Agencies account. 

5 Funds appropriated under this Act may be provided 

6 to Arlington County, Virginia, for the relocation of the fed7 erally owned water main at Arlington National Cemetery 

8 making additional land available for ground burials. 

9 ARMED FORCES RETIREMENT HOME

10 TRUST FUND

11 For expenses necessary for the Armed Forces Retire12 ment Home to operate and maintain the Armed Forces Re13 tirement Home—Washington, District of Columbia, and the 

14 Armed Forces Retirement Home—Gulfport, Mississippi, to 

15 be paid from funds available in the Armed Forces Retire16 ment Home Trust Fund, $67,700,000, of which $2,000,000 

17 shall remain available until expended for construction and 

18 renovation of the physical plants at the Armed Forces Re19 tirement Home—Washington, District of Columbia, and the 

20 Armed Forces Retirement Home—Gulfport, Mississippi. 

21 SEC. 301. Not later than 90 days after enactment of 

22 this Act, the Executive Director of Arlington National Cem23 etery shall provide a report to the Committees on Appro24 priations of the Senate and the House of Representatives; 

25 the Senate Armed Services Committee; the Senate Veterans’ 
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1 Affairs Committee; and the Senate Homeland Security and 

2 Governmental Affairs Committee, detailing the strategic 

3 plan and timetable to modernize the Cemetery’s Informa4 tion Technology system, including electronic burial records. 

5 The report should also include a description of the steps 

6 taken by the Executive Director in 2011 to implement infor7 mation technology and management systems improvements, 

8 and identify any remaining information technology and 

9 systems infrastructure needs of Arlington National Ceme10 tery. 

11 TITLE IV 

12 GENERAL PROVISIONS 

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

14 this Act shall remain available for obligation beyond the 

15 current fiscal year unless expressly so provided herein. 

16 SEC. 402. Such sums as may be necessary for fiscal 

17 year 2012 for pay raises for programs funded by this Act 

18 shall be absorbed within the levels appropriated in this Act. 

19 SEC. 403. None of the funds made available in this 

20 Act may be used for any program, project, or activity, when 

21 it is made known to the Federal entity or official to which 

22 the funds are made available that the program, project, or 

23 activity is not in compliance with any Federal law relating 

24 to risk assessment, the protection of private property rights, 

25 or unfunded mandates. 
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1 SEC. 404. No part of any funds appropriated in this 

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

3 than for normal and recognized executive-legislative rela4 tionships, for publicity or propaganda purposes, and for 

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

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

7 designed to support or defeat legislation pending before 

8 Congress, except in presentation to Congress itself. 

9 SEC. 405. All departments and agencies funded under 

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

11 statutory authorities and funding, to expand their use of 

12 ‘‘E-Commerce’’ technologies and procedures in the conduct 

13 of their business practices and public service activities. 

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

15 Act may be transferred to any department, agency, or in16 strumentality of the United States Government except pur17 suant to a transfer made by, or transfer authority provided 

18 in, this or any other appropriations Act. 

19 SEC. 407. Unless stated otherwise, all reports and noti20 fications required by this Act shall be submitted to the Sub21 committee on Military Construction and Veterans Affairs, 

22 and Related Agencies of the Committee on Appropriations 

23 of the House of Representatives and the Subcommittee on 

24 Military Construction and Veterans Affairs, and Related 

25 Agencies of the Committee on Appropriations of the Senate. 
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1 SEC. 408. (a) Any agency receiving funds made avail2 able in this Act, shall, subject to subsections (b) and (c), 

3 post on the public website of that agency any report re4 quired to be submitted by the Congress in this or any other 

5 Act, upon the determination by the head of the agency that 

6 it shall serve the national interest. 

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

8 (1) the public posting of the report compromises 

9 national security; or 

10 (2) the report contains confidential or propri11 etary information. 

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

13 do so only after such report has been made available to the 

14 requesting Committee or Committees of Congress for no less 

15 than 45 days. 

16 SEC. 409. (a) IN GENERAL.—None of the funds appro17 priated or otherwise made available to the Department of 

18 Defense in this Act may be used to construct, renovate, or 

19 expand any facility in the United States, its territories, or 

20 possessions to house any individual detained at United 

21 States Naval Station, Guantanamo Bay, Cuba, for the pur22 poses of detention or imprisonment in the custody or under 

23 the control of the Department of Defense unless authorized 

24 by Congress. 
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1 (b) EXCEPTION.—The prohibition in subsection (a) 

2 shall not apply to any modification of facilities at United 

3 States Naval Station, Guantanamo Bay, Cuba. 

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

5 and Veterans Affairs, and Related Agencies Appropriations 

6 Act, 2012’’. 

Attest: 

Secretary. 

112TH CONGRESS 

1ST SESSION H.R. 2055 

AMENDMENT