II 

Calendar No. 494 

111TH CONGRESS 

2D SESSION H. R. 5822 

IN THE SENATE OF THE UNITED STATES 

JULY 29, 2010 

Received; read twice and placed on the calendar 

AN ACT 

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

fiscal year ending September 30, 2011, and for other 

purposes. 

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, 2011, and for other purposes, namely: 


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1 TITLE I 

2 DEPARTMENT OF DEFENSE 

3 MILITARY CONSTRUCTION, ARMY

4 For acquisition, construction, installation, and equip5 ment of temporary or permanent public works, military 

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

7 currently authorized by law, including personnel in the 

8 Army Corps of Engineers and other personal services nec9 essary for the purposes of this appropriation, and for con10 struction and operation of facilities in support of the func11 tions of the Commander in Chief, $4,051,512,000, to re12 main available until September 30, 2015, of which 

13 $190,000,000 shall be for trainee troop housing facilities: 

14 Provided, That of this amount, not to exceed 

15 $259,456,000 shall be available for study, planning, de16 sign, architect and engineer services, and host nation sup17 port, as authorized by law, unless the Secretary of the 

18 Army determines that additional obligations are necessary 

19 for such purposes and notifies the Committees on Appro20 priations of both Houses of Congress of the determination 

21 and the reasons therefor: Provided further, That, not later 

22 than 30 days after the date of the enactment of this Act, 

23 the Secretary of the Army shall submit to the Committees 

24 on Appropriations of both Houses of Congress an expendiVerDate Mar 15 2010 23:44 Jul 29, 2010 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5822.PCS H5822

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1 ture plan for the funds provided for trainee troop housing 

2 facilities. 

3 MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

4 For acquisition, construction, installation, and equip5 ment of temporary or permanent public works, naval in6 stallations, facilities, and real property for the Navy and 

7 Marine Corps as currently authorized by law, including 

8 personnel in the Naval Facilities Engineering Command 

9 and other personal services necessary for the purposes of 

10 this appropriation, $3,587,376,000, to remain available 

11 until September 30, 2015: Provided, That of this amount, 

12 not to exceed $123,750,000 shall be available for study, 

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

14 authorized by law, unless the Secretary of the Navy deter15 mines that additional obligations are necessary for such 

16 purposes and notifies the Committees on Appropriations 

17 of both Houses of Congress of the determination and the 

18 reasons therefor. 

19 MILITARY CONSTRUCTION, AIR FORCE

20 For acquisition, construction, installation, and equip21 ment of temporary or permanent public works, military 

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

23 as currently authorized by law, $1,276,385,000, to remain 

24 available until September 30, 2015: Provided, That of this 

25 amount, not to exceed $73,536,000 shall be available for 


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1 study, planning, design, and architect and engineer serv2 ices, as authorized by law, unless the Secretary of the Air 

3 Force determines that additional obligations are necessary 

4 for such purposes and notifies the Committees on Appro5 priations of both Houses of Congress of the determination 

6 and the reasons therefor. 

7 MILITARY CONSTRUCTION, DEFENSE-WIDE

8 (INCLUDING TRANSFER OF FUNDS)

9 For acquisition, construction, installation, and equip10 ment of temporary or permanent public works, installa11 tions, facilities, and real property for activities and agen12 cies of the Department of Defense (other than the military 

13 departments), as currently authorized by law, 

14 $2,999,612,000, to remain available until September 30, 

15 2015: Provided, That such amounts of this appropriation 

16 as may be determined by the Secretary of Defense may 

17 be transferred to such appropriations of the Department 

18 of Defense available for military construction or family 

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

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

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

22 transferred: Provided further, That of the amount appro23 priated, not to exceed $434,217,000 shall be available for 

24 study, planning, design, and architect and engineer serv25 ices, as authorized by law, unless the Secretary of Defense 


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1 determines that additional obligations are necessary for 

2 such purposes and notifies the Committees on Appropria3 tions of both Houses of Congress of the determination and 

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

5 appropriated, notwithstanding any other provision of law, 

6 $31,863,000 shall be available for payments to the North 

7 Atlantic Treaty Organization for the planning, design, and 

8 construction of a new North Atlantic Treaty Organization 

9 headquarters. 

10 MILITARY CONSTRUCTION, ARMY NATIONAL GUARD

11 For construction, acquisition, expansion, rehabilita12 tion, and conversion of facilities for the training and ad13 ministration of the Army National Guard, and contribu14 tions therefor, as authorized by chapter 1803 of title 10, 

15 United States Code, and Military Construction Authoriza16 tion Acts, $1,020,228,000, to remain available until Sep17 tember 30, 2015, of which $60,000,000 shall be for crit18 ical unfunded requirements: Provided, That of the amount 

19 appropriated, not to exceed $57,182,000 shall be available 

20 for study, planning, design, and architect and engineer 

21 services, as authorized by law, unless the Director of the 

22 Army National Guard determines that additional obliga23 tions are necessary for such purposes and notifies the 

24 Committees on Appropriations of both Houses of Congress 

25 of the determination and the reasons therefor: Provided 


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1 further, That, not later than 30 days after the date of the 

2 enactment of this Act, the Director of the Army National 

3 Guard shall submit to the Committees on Appropriations 

4 of both Houses of Congress an expenditure plan for the 

5 funds provided for critical unfunded requirements. 

6 MILITARY CONSTRUCTION, AIR NATIONAL GUARD

7 For construction, acquisition, expansion, rehabilita8 tion, and conversion of facilities for the training and ad9 ministration of the Air National Guard, and contributions 

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

11 States Code, and Military Construction Authorization 

12 Acts, $292,386,000, to remain available until September 

13 30, 2015, of which $50,000,000 shall be for critical un14 funded requirements: Provided, That of the amount appro15 priated, not to exceed $21,214,000 shall be available for 

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

18 National Guard determines that additional obligations are 

19 necessary for such purposes and notifies the Committees 

20 on Appropriations of both Houses of Congress of the de21 termination and the reasons therefor: Provided further, 

22 That, not later than 30 days after the date of the enact23 ment of this Act, the Director of the Air National Guard 

24 shall submit to the Committees on Appropriations of both 


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1 Houses of Congress an expenditure plan for the funds pro2 vided for critical unfunded requirements. 

3 MILITARY CONSTRUCTION, ARMY RESERVE

4 For construction, acquisition, expansion, rehabilita5 tion, and conversion of facilities for the training and ad6 ministration of the Army Reserve as authorized by chapter 

7 1803 of title 10, United States Code, and Military Con8 struction Authorization Acts, $358,325,000, to remain 

9 available until September 30, 2015, of which $30,000,000 

10 shall be for critical unfunded requirements: Provided, 

11 That of the amount appropriated, not to exceed 

12 $26,250,000 shall be available for study, planning, design, 

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

14 unless the Secretary of the Army determines that addi15 tional obligations are necessary for such purposes and no16 tifies the Committees on Appropriations of both Houses 

17 of Congress of the determination and the reasons therefor: 

18 Provided further, That, not later than 30 days after the 

19 date of the enactment of this Act, the Chief of Army Re20 serve shall submit to the Committees on Appropriations 

21 of both Houses of Congress an expenditure plan for the 

22 funds provided for critical unfunded requirements. 

23 MILITARY CONSTRUCTION, NAVY RESERVE

24 For construction, acquisition, expansion, rehabilita25 tion, and conversion of facilities for the training and adVerDate Mar 15 2010 23:44 Jul 29, 2010 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H5822.PCS H5822

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1 ministration of the reserve components of the Navy and 

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

3 United States Code, and Military Construction Authoriza4 tion Acts, $91,557,000, to remain available until Sep5 tember 30, 2015, of which $15,000,000 shall be for crit6 ical unfunded requirements of the Navy Reserve and 

7 $15,000,000 shall be for critical unfunded requirements 

8 of the Marine Forces Reserve: Provided, That of the 

9 amount appropriated, not to exceed $1,857,000 shall be 

10 available for study, planning, design, and architect and en11 gineer services, as authorized by law, unless the Secretary 

12 of the Navy determines that additional obligations are nec13 essary for such purposes and notifies the Committees on 

14 Appropriations of both Houses of Congress of the deter15 mination and the reasons therefor: Provided further, That, 

16 not later than 30 days after the date of the enactment 

17 of this Act, the Chief of Navy Reserve and the Com18 mander, Marine Forces Reserve shall submit to the Com19 mittees on Appropriations of both Houses of Congress an 

20 expenditure plan for the funds provided for critical un21 funded requirements. 

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 Air Force Reserve as authorized by 


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

2 Construction Authorization Acts, $48,182,000, to remain 

3 available until September 30, 2015, of which $30,000,000 

4 shall be for critical unfunded requirements: Provided, 

5 That of the amount appropriated, not to exceed 

6 $2,503,000 shall be available for study, planning, design, 

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

8 unless the Secretary of the Air Force determines that ad9 ditional obligations are necessary for such purposes and 

10 notifies the Committees on Appropriations of both Houses 

11 of Congress of the determination and the reasons therefor: 

12 Provided further, That, not later than 30 days after the 

13 date of the enactment of this Act, the Chief of Air Force 

14 Reserve shall submit to the Committees on Appropriations 

15 of both Houses of Congress an expenditure plan for the 

16 funds provided for critical unfunded requirements. 

17 NORTH ATLANTIC TREATY ORGANIZATION

18 SECURITY INVESTMENT PROGRAM

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

20 Atlantic Treaty Organization Security Investment Pro21 gram for the acquisition and construction of military fa22 cilities and installations (including international military 

23 headquarters) and for related expenses for the collective 

24 defense of the North Atlantic Treaty Area as authorized 

25 by section 2806 of title 10, United States Code, and MiliVerDate Mar 15 2010 23:44 Jul 29, 2010 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H5822.PCS H5822

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1 tary Construction Authorization Acts, $258,884,000, to 

2 remain available until expended. 

3 FAMILY HOUSING CONSTRUCTION, ARMY

4 For expenses of family housing for the Army for con5 struction, including acquisition, replacement, addition, ex6 pansion, extension, and alteration, as authorized by law, 

7 $92,369,000, to remain available until September 30, 

8 2015. 

9 FAMILY HOUSING OPERATION AND MAINTENANCE, 

10 ARMY

11 For expenses of family housing for the Army for op12 eration and maintenance, including debt payment, leasing, 

13 minor construction, principal and interest charges, and in14 surance premiums, as authorized by law, $518,140,000. 

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 

20 authorized by law, $186,444,000, to remain available until 

21 September 30, 2015. 

22 FAMILY HOUSING OPERATION AND MAINTENANCE, 

23 NAVY 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 

3 law, $366,346,000. 

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 $78,025,000, to remain available until September 30, 

9 2015. 

10 FAMILY HOUSING OPERATION AND MAINTENANCE, AIR

11 FORCE

12 For expenses of family housing for the Air Force for 

13 operation and maintenance, including debt payment, leas14 ing, minor construction, principal and interest charges, 

15 and insurance premiums, as authorized by law, 

16 $513,792,000. 

17 FAMILY HOUSING OPERATION AND MAINTENANCE, 

18 DEFENSE-WIDE

19 For expenses of family housing for the activities and 

20 agencies of the Department of Defense (other than the 

21 military departments) for operation and maintenance, 

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

23 $50,464,000. 


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1 DEPARTMENT OF DEFENSE FAMILY HOUSING

2 IMPROVEMENT FUND

3 For the Department of Defense Family Housing Im4 provement Fund, $1,096,000, 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, as amended (42 U.S.C. 

13 3374), $16,515,000, 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, $124,971,000, to remain available until Sep24 tember 30, 2015, which shall be only for the Assembled 

25 Chemical Weapons Alternatives program. 


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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), $460,474,000, to remain available 

7 until expended. 

8 DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT

9 2005 

10 For deposit into the Department of Defense Base 

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

12 of the Defense Base Closure and Realignment Act of 1990 

13 (10 U.S.C. 2687 note), $2,354,285,000, to remain avail14 able until expended: Provided, That the Department of 

15 Defense shall notify the Committees on Appropriations of 

16 both Houses of Congress 14 days prior to obligating an 

17 amount for a construction project that exceeds or reduces 

18 the amount identified for that project in the most recently 

19 submitted budget request for this account by 20 percent 

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

21 the previous proviso shall not apply to projects costing less 

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

23 identified in any budget submission for this account and 

24 exceeding the minor construction threshold under section 

25 2805 of title 10, United 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 

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

6 except Alaska, without the specific approval in writing of 

7 the Secretary of Defense setting forth the reasons there8 for. 

9 SEC. 102. Funds made available in this title for con10 struction shall be available for hire of passenger motor ve11 hicles. 

12 SEC. 103. Funds made available in this title for con13 struction may be used for advances to the Federal High14 way Administration, Department of Transportation, for 

15 the construction of access roads as authorized by section 

16 210 of title 23, United States Code, when projects author17 ized therein are certified as important to the national de18 fense by the Secretary of Defense. 

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

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

21 the United States for which specific appropriations have 

22 not been made. 

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

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

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


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1 the Army Corps of Engineers or the Naval Facilities Engi2 neering Command, except: (1) where there is a determina3 tion of value by a Federal court; (2) purchases negotiated 

4 by the Attorney General or the designee of the Attorney 

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

6 $25,000; or (4) as otherwise determined by the Secretary 

7 of Defense to be in the public interest. 

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

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

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

11 except housing for which funds have been made available 

12 in annual Acts making appropriations for military con13 struction. 

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

15 title for minor construction may be used to transfer or 

16 relocate any activity from one base or installation to an17 other, without prior notification to the Committees on Ap18 propriations of both Houses of Congress. 

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

20 title may be used for the procurement of steel for any con21 struction project or activity for which American steel pro22 ducers, fabricators, and manufacturers have been denied 

23 the opportunity to compete for such steel procurement. 

24 SEC. 109. None of the funds available to the Depart25 ment of Defense for military construction or family housVerDate Mar 15 2010 23:44 Jul 29, 2010 Jkt 089200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H5822.PCS H5822

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1 ing during the current fiscal year may be used to pay real 

2 property taxes in any foreign nation. 

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

4 title may be used to initiate a new installation overseas 

5 without prior notification to the Committees on Appro6 priations of both Houses of Congress. 

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

8 title may be obligated for architect and engineer contracts 

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

10 projects to be accomplished in Japan, in any North Atlan11 tic Treaty Organization member country, or in countries 

12 within the United States Central Command Area of Re13 sponsibility, unless such contracts are awarded to United 

14 States firms or United States firms in joint venture with 

15 host nation firms. 

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

17 title for military construction in the United States terri18 tories and possessions in the Pacific and on Kwajalein 

19 Atoll, or in countries within the United States Central 

20 Command Area of Responsibility, may be used to award 

21 any contract estimated by the Government to exceed 

22 $1,000,000 to a foreign contractor: Provided, That this 

23 section shall not be applicable to contract awards for 

24 which the lowest responsive and responsible bid of a 

25 United States contractor exceeds the lowest responsive 


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1 and responsible bid of a foreign contractor by greater than 

2 20 percent: Provided further, That this section shall not 

3 apply to contract awards for military construction on 

4 Kwajalein Atoll for which the lowest responsive and re5 sponsible bid is submitted by a Marshallese contractor. 

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

7 appropriate committees of both Houses of Congress, in8 cluding the Committees on Appropriations, of the plans 

9 and scope of any proposed military exercise involving 

10 United States personnel 30 days prior to its occurring, 

11 if amounts expended for construction, either temporary or 

12 permanent, are anticipated to exceed $100,000. 

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

14 made available in this title which are limited for obligation 

15 during the current fiscal year shall be obligated during 

16 the last two months of the fiscal year. 

17 SEC. 115. Funds appropriated to the Department of 

18 Defense for construction in prior years shall be available 

19 for construction authorized for each such military depart20 ment by the authorizations enacted into law during the 

21 current session of Congress. 

22 SEC. 116. For military construction or family housing 

23 projects that are being completed with funds otherwise ex24 pired or lapsed for obligation, expired or lapsed funds may 

25 be used to pay the cost of associated supervision, inspecVerDate Mar 15 2010 23:44 Jul 29, 2010 Jkt 089200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H5822.PCS H5822

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1 tion, overhead, engineering and design on those projects 

2 and on subsequent claims, if any. 

3 SEC. 117. Notwithstanding any other provision of 

4 law, any funds made available to a military department 

5 or defense agency for the construction of military projects 

6 may be obligated for a military construction project or 

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

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

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

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

11 obligated from funds available for military construction 

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

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

14 such project is increased pursuant to law. 

15 (INCLUDING TRANSFER OF FUNDS)

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

17 available to the Department of Defense, proceeds depos18 ited to the Department of Defense Base Closure Account 

19 established by section 207(a)(1) of the Defense Authoriza20 tion Amendments and Base Closure and Realignment Act 

21 (10 U.S.C. 2687 note) pursuant to section 207(a)(2)(C) 

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

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

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


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

2 and the same time period as that account. 

3 (INCLUDING TRANSFER OF FUNDS)

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

5 14 days for a notification provided in an electronic me6 dium pursuant to sections 480 and 2883, of title 10, 

7 United States Code, to the Committees on Appropriations 

8 of both Houses of Congress, such additional amounts as 

9 may be determined by the Secretary of Defense may be 

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

11 Housing Improvement Fund from amounts appropriated 

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

13 merged with and to be available for the same purposes 

14 and for the same period of time as amounts appropriated 

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

16 Military Unaccompanied Housing Improvement Fund 

17 from amounts appropriated for construction of military 

18 unaccompanied housing in ‘‘Military Construction’’ ac19 counts, to be merged with and to be available for the same 

20 purposes and for the same period of time as amounts ap21 propriated directly to the Fund: Provided, That appropria22 tions made available to the Funds shall be available to 

23 cover the costs, as defined in section 502(5) of the Con24 gressional Budget Act of 1974, of direct loans or loan 

25 guarantees issued by the Department of Defense pursuant 


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

2 10, United States Code, pertaining to alternative means 

3 of acquiring and improving military family housing, mili4 tary unaccompanied housing, and supporting facilities. 

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

6 any solicitation for a contract with the private sector for 

7 military family housing the Secretary of the military de8 partment concerned shall submit to the Committees on 

9 Appropriations of both Houses of Congress the notice de10 scribed in subsection (b). 

11 (b)(1) A notice referred to in subsection (a) is a no12 tice of any guarantee (including the making of mortgage 

13 or rental payments) proposed to be made by the Secretary 

14 to the private party under the contract involved in the 

15 event of— 

16 (A) the closure or realignment of the installa17 tion for which housing is provided under the con18 tract; 

19 (B) a reduction in force of units stationed at 

20 such installation; or 

21 (C) the extended deployment overseas of units 

22 stationed at such installation. 

23 (2) Each notice under this subsection shall specify 

24 the nature of the guarantee involved and assess the extent 


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1 and likelihood, if any, of the liability of the Federal Gov2 ernment with respect to the guarantee. 

3 (INCLUDING TRANSFER OF FUNDS)

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

5 available to the Department of Defense, amounts may be 

6 transferred from the accounts established by sections 

7 2906(a)(1) and 2906A(a)(1) of the Defense Base Closure 

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

9 the fund established by section 1013(d) of the Demonstra10 tion Cities and Metropolitan Development Act of 1966 (42 

11 U.S.C. 3374) to pay for expenses associated with the 

12 Homeowners Assistance Program incurred under 42 

13 U.S.C. 3374(a)(1)(A). Any amounts transferred shall be 

14 merged with and be available for the same purposes and 

15 for the same time period as the fund to which transferred. 

16 SEC. 122. Notwithstanding any other provision of 

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

18 maintenance of family housing shall be the exclusive 

19 source of funds for repair and maintenance of all family 

20 housing units, including general or flag officer quarters: 

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

22 spent annually for the maintenance and repair of any gen23 eral or flag officer quarters without 30 days prior notifica24 tion, or 14 days for a notification provided in an electronic 

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


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1 United States Code, to the Committees on Appropriations 

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

3 notification shall be submitted if the limitation is exceeded 

4 solely due to costs associated with environmental remedi5 ation that could not be reasonably anticipated at the time 

6 of the budget submission: Provided further, That the 

7 Under Secretary of Defense (Comptroller) is to report an8 nually to the Committees on Appropriations of both 

9 Houses of Congress all operation and maintenance ex10 penditures for each individual general or flag officer quar11 ters for the prior fiscal year. 

12 SEC. 123. Amounts contained in the Ford Island Im13 provement Account established by subsection (h) of sec14 tion 2814 of title 10, United States Code, are appro15 priated and shall be available until expended for the pur16 poses specified in subsection (i)(1) of such section or until 

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

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

19 title, or in any Act making appropriations for military con20 struction which remain available for obligation, may be ob21 ligated or expended to carry out a military construction, 

22 land acquisition, or family housing project at or for a mili23 tary installation approved for closure, or at a military in24 stallation for the purposes of supporting a function that 

25 has been approved for realignment to another installation, 


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1 in 2005 under the Defense Base Closure and Realignment 

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

3 510; 10 U.S.C. 2687 note), unless such a project at a mili4 tary installation approved for realignment will support a 

5 continuing mission or function at that installation or a 

6 new mission or function that is planned for that installa7 tion, or unless the Secretary of Defense certifies that the 

8 cost to the United States of carrying out such project 

9 would be less than the cost to the United States of cancel10 ling such project, or if the project is at an active compo11 nent base that shall be established as an enclave or in the 

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

13 Government agency has indicated it will assume ownership 

14 of the completed project. The Secretary of Defense may 

15 not transfer funds made available as a result of this limi16 tation from any military construction project, land acquisi17 tion, or family housing project to another account or use 

18 such funds for another purpose or project without the 

19 prior approval of the Committees on Appropriations of 

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

21 military construction projects, land acquisition, or family 

22 housing projects for which the project is vital to the na23 tional security or the protection of health, safety, or envi24 ronmental quality: Provided, That the Secretary of De25 fense shall notify the congressional defense committees 


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

2 construction project. 

3 (INCLUDING TRANSFER OF FUNDS)

4 SEC. 125. During the 5-year period after appropria5 tions available in this Act to the Department of Defense 

6 for military construction and family housing operation and 

7 maintenance and construction have expired for obligation, 

8 upon a determination that such appropriations will not be 

9 necessary for the liquidation of obligations or for making 

10 authorized adjustments to such appropriations for obliga11 tions incurred during the period of availability of such ap12 propriations, unobligated balances of such appropriations 

13 may be transferred into the appropriation ‘‘Foreign Cur14 rency Fluctuations, Construction, Defense’’, to be merged 

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

16 the same purposes as the appropriation to which trans17 ferred. 

18 SEC. 126. None of the funds appropriated or other19 wise made available in this title may be used for any action 

20 that is related to or promotes the expansion of the bound21 aries or size of the Pinon Canyon Maneuver Site, Colo22 rado. 

23 SEC. 127. Amounts appropriated or otherwise made 

24 available in an account funded under the headings in this 

25 title may be transferred among projects and activities 


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1 within the account in accordance with the reprogramming 

2 guidelines for military construction and family housing 

3 construction contained in the report of the Committee on 

4 Appropriations of the House of Representatives to accom5 pany this bill and in the guidance for military construction 

6 reprogrammings and notifications contained in Depart7 ment of Defense Financial Management Regulation 

8 7000.14–R, Volume 3, Chapter 7, of December 1996, as 

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

10 TITLE II 

11 DEPARTMENT OF VETERANS AFFAIRS 

12 VETERANS BENEFITS ADMINISTRATION

13 COMPENSATION AND PENSIONS

14 (INCLUDING TRANSFER OF FUNDS)

15 For the payment of compensation benefits to or on 

16 behalf of veterans and a pilot program for disability ex17 aminations as authorized by section 107 and chapters 11, 

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

19 pension benefits to or on behalf of veterans as authorized 

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

21 States Code; and burial benefits, the Reinstated Entitle22 ment Program for Survivors, emergency and other offi23 cers’ retirement pay, adjusted-service credits and certifi24 cates, payment of premiums due on commercial life insur25 ance policies guaranteed under the provisions of title IV 


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

2 541 et seq.) and for other benefits as authorized by sec3 tions 107, 1312, 1977, and 2106, and chapters 23, 51, 

4 53, 55, and 61 of title 38, United States Code, 

5 $53,492,234,000, to remain available until expended: Pro6 vided, That not to exceed $30,423,000 of the amount ap7 propriated under this heading shall be reimbursed to 

8 ‘‘General operating expenses’’, ‘‘Medical support and com9 pliance’’, and ‘‘Information technology systems’’ for nec10 essary expenses in implementing the provisions of chapters 

11 51, 53, and 55 of title 38, United States Code, the funding 

12 source for which is specifically provided as the ‘‘Com13 pensation and pensions’’ appropriation: Provided further, 

14 That such sums as may be earned on an actual qualifying 

15 patient basis, shall be reimbursed to ‘‘Medical care collec16 tions fund’’ to augment the funding of individual medical 

17 facilities for nursing home care provided to pensioners as 

18 authorized. 

19 READJUSTMENT BENEFITS

20 For the payment of readjustment and rehabilitation 

21 benefits to or on behalf of veterans as authorized by chap22 ters 21, 30, 31, 33, 34, 35, 36, 39, 51, 53, 55, and 61 

23 of title 38, United States Code, $10,440,245,000, to re24 main available until expended: Provided, That expenses for 

25 rehabilitation program services and assistance which the 


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

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

3 under paragraphs (1), (2), (5), and (11) of that sub4 section, shall be charged to this account. 

5 VETERANS INSURANCE AND INDEMNITIES

6 For military and naval insurance, national service life 

7 insurance, servicemen’s indemnities, service-disabled vet8 erans insurance, and veterans mortgage life insurance as 

9 authorized by title 38, United States Code, chapters 19 

10 and 21, $62,589,000, to remain available until expended. 

11 VETERANS HOUSING BENEFIT PROGRAM FUND

12 For the cost of direct and guaranteed loans, such 

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

14 authorized by subchapters I through III of chapter 37 of 

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

16 including the cost of modifying such loans, shall be as de17 fined in section 502 of the Congressional Budget Act of 

18 1974: Provided further, That during fiscal year 2011, 

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

20 gross obligations for direct loans are authorized for spe21 cially adapted housing loans. 

22 In addition, for administrative expenses to carry out 

23 the direct and guaranteed loan programs, $163,646,000. 


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1 VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT

2 For the cost of direct loans, $48,000, as authorized 

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

4 That such costs, including the cost of modifying such 

5 loans, shall be as defined in section 502 of the Congres6 sional Budget Act of 1974: Provided further, That funds 

7 made available under this heading are available to sub8 sidize gross obligations for the principal amount of direct 

9 loans not to exceed $3,042,000. 

10 In addition, for administrative expenses necessary to 

11 carry out the direct loan program, $337,000, which may 

12 be paid to the appropriation for ‘‘General operating ex13 penses’’. 

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 

18 of title 38, United States Code, $707,000. 

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 

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


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1 States Code, including care and treatment in facilities not 

2 under the jurisdiction of the Department, and including 

3 medical supplies and equipment, food services, and sala4 ries and expenses of health care employees hired under 

5 title 38, United States Code, aid to State homes as author6 ized by section 1741 of title 38, United States Code, as7 sistance and support services for caregivers as authorized 

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

9 repayments authorized by section 604 of Public Law 111– 

10 163, $39,649,985,000, plus reimbursements, shall become 

11 available on October 1, 2011, and shall remain available 

12 until September 30, 2012: Provided, That, of the amount 

13 made available under this heading $1,015,000,000 shall 

14 remain available until September 30, 2013: Provided fur15 ther, That, notwithstanding any other provision of law, the 

16 Secretary of Veterans Affairs shall establish a priority for 

17 the provision of medical treatment for veterans who have 

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

19 needs: Provided further, That, notwithstanding any other 

20 provision of law, the Secretary of Veterans Affairs shall 

21 give priority funding for the provision of basic medical 

22 benefits to veterans in enrollment priority groups 1 

23 through 6: Provided further, That, notwithstanding any 

24 other provision of law, the Secretary of Veterans Affairs 

25 may authorize the dispensing of prescription drugs from 


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1 Veterans Health Administration facilities to enrolled vet2 erans with privately written prescriptions based on re3 quirements established by the Secretary: Provided further, 

4 That the implementation of the program described in the 

5 previous proviso shall incur no additional cost to the De6 partment of Veterans Affairs. 

7 MEDICAL SUPPORT AND COMPLIANCE

8 For necessary expenses in the administration of the 

9 medical, hospital, nursing home, domiciliary, construction, 

10 supply, and research activities, as authorized by law; ad11 ministrative expenses in support of capital policy activi12 ties; and administrative and legal expenses of the Depart13 ment for collecting and recovering amounts owed the De14 partment as authorized under chapter 17 of title 38, 

15 United States Code, and the Federal Medical Care Recov16 ery Act (42 U.S.C. 2651 et seq.); $5,535,000,000, plus 

17 reimbursements, shall become available on October 1, 

18 2011, and shall remain available until September 30, 

19 2012: Provided, That, of the amount made available under 

20 this heading, $145,000,000 shall remain available until 

21 September 30, 2013. 

22 MEDICAL FACILITIES

23 For necessary expenses for the maintenance and op24 eration of hospitals, nursing homes, and domiciliary facili25 ties and other necessary facilities of the Veterans Health 


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1 Administration; for administrative expenses in support of 

2 planning, design, project management, real property ac3 quisition and disposition, construction, and renovation of 

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

5 Department; for oversight, engineering, and architectural 

6 activities not charged to project costs; for repairing, alter7 ing, improving, or providing facilities in the several hos8 pitals and homes under the jurisdiction of the Depart9 ment, not otherwise provided for, either by contract or by 

10 the hire of temporary employees and purchase of mate11 rials; for leases of facilities; and for laundry services, 

12 $5,426,000,000, plus reimbursements, shall become avail13 able on October 1, 2011, and shall remain available until 

14 September 30, 2012: Provided, That, of the amount made 

15 available under this heading, $145,000,000 shall remain 

16 available until September 30, 2013: Provided further, 

17 That, of the amount available for fiscal year 2012, 

18 $130,000,000 for non-recurring maintenance shall be allo19 cated in a manner not subject to the Veterans Equitable 

20 Resource Allocation. 

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, 


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1 $590,000,000, plus reimbursements, shall remain avail2 able until September 30, 2012. 

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, $259,004,000, 

12 of which not to exceed $24,200,000 shall remain available 

13 until September 30, 2012. 

14 DEPARTMENTAL ADMINISTRATION

15 GENERAL OPERATING EXPENSES

16 For necessary operating expenses of the Department 

17 of Veterans Affairs, not otherwise provided for, including 

18 administrative expenses in support of Department-wide 

19 capital planning, management and policy activities, uni20 forms, or allowances therefor; not to exceed $25,000 for 

21 official reception and representation expenses; hire of pas22 senger motor vehicles; and reimbursement of the General 

23 Services Administration for security guard services, and 

24 the Department of Defense for the cost of overseas em25 ployee mail, $2,601,389,000 (reduced by $20,000,000) 


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1 (increased by $20,000,000) (reduced by $100,000) (in2 creased by $100,000) (reduced by $10,000,000) (reduced 

3 by $50,000) (increased by $50,000) (reduced by 

4 $150,000) (increased by $150,000): Provided, That ex5 penses for services and assistance authorized under para6 graphs (1), (2), (5), and (11) of section 3104(a) of title 

7 38, United States Code, that the Secretary of Veterans 

8 Affairs determines are necessary to enable entitled vet9 erans: (1) to the maximum extent feasible, to become em10 ployable and to obtain and maintain suitable employment; 

11 or (2) to achieve maximum independence in daily living, 

12 shall be charged to this account: Provided further, That 

13 the Veterans Benefits Administration shall be funded at 

14 not less than $2,162,776,000: Provided further, That of 

15 the funds made available under this heading, not to exceed 

16 $111,000,000 shall remain available until September 30, 

17 2012: Provided further, That from the funds made avail18 able under this heading, the Veterans Benefits Adminis19 tration may purchase (on a one-for-one replacement basis 

20 only) up to two passenger motor vehicles for use in oper21 ations of that Administration in Manila, Philippines: Pro22 vided further, That of the funds made available under this 

23 heading, $10,000,000 shall be available to increase the 

24 number of Department of Veterans Affairs employees who 

25 administer benefits under chapter 31 of title 38, United 


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1 States Code: Provided further, That of the funds made 

2 available under this heading, $8,000,000 shall be available 

3 to fund the adaptive sports grant program under section 

4 521A of title 38, United States Code, and $2,000,000 

5 shall be available to carry out section 322 of title 38, 

6 United States Code. 

7 INFORMATION TECHNOLOGY SYSTEMS

8 For necessary expenses for information technology 

9 systems and telecommunications support, including devel10 opmental information systems and operational information 

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

12 asset acquisition of information technology systems, in13 cluding management and related contractual costs of said 

14 acquisitions, including contractual costs associated with 

15 operations authorized by section 3109 of title 5, United 

16 States Code, $3,222,000,000, plus reimbursements, shall 

17 remain available until September 30, 2012: Provided, 

18 That none of the funds made available under this heading 

19 may be obligated until the Department of Veterans Affairs 

20 submits to the Committees on Appropriations of both 

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

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

23 investment control review requirements established by the 

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

25 Department of Veterans Affairs enterprise architecture; 


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1 (3) conforms with an established enterprise life cycle 

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

3 requirements, guidelines, and systems acquisition manage4 ment practices of the Federal Government: Provided fur5 ther, That not later than 30 days after the date of the 

6 enactment of this Act, the Secretary of Veterans Affairs 

7 shall submit to the Committees on Appropriations of both 

8 Houses of Congress a reprogramming base letter which 

9 sets forth, by project, the operations and maintenance 

10 costs, with salary expenses separately designated, and de11 velopment costs to be carried out utilizing amounts made 

12 available under this heading. 

13 OFFICE OF INSPECTOR GENERAL

14 For necessary expenses of the Office of Inspector 

15 General, to include information technology, in carrying out 

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

17 U.S.C. App.), $115,367,000, of which $6,000,000 shall re18 main available until September 30, 2012. 

19 CONSTRUCTION, MAJOR PROJECTS

20 For constructing, altering, extending, and improving 

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

22 jurisdiction or for the use of the Department of Veterans 

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

24 316, 2404, 2406, 8102, 8103, 8106, 8108, 8109, 8110, 

25 and 8122 of title 38, United States Code, including planVerDate Mar 15 2010 23:44 Jul 29, 2010 Jkt 089200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\H5822.PCS H5822

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1 ning, architectural and engineering services, construction 

2 management services, maintenance or guarantee period 

3 services costs associated with equipment guarantees pro4 vided under the project, services of claims analysts, offsite 

5 utility and storm drainage system construction costs, and 

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

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

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

9 project were made available in a previous major project 

10 appropriation, $1,166,036,000 (increased by 

11 $10,000,000), to remain available until expended, of which 

12 $6,000,000 shall be to make reimbursements as provided 

13 in section 13 of the Contract Disputes Act of 1978 (41 

14 U.S.C. 612) for claims paid for contract disputes: Pro15 vided, That except for advance planning activities, includ16 ing needs assessments which may or may not lead to cap17 ital investments, and other capital asset management re18 lated activities, including portfolio development and man19 agement activities, and investment strategy studies funded 

20 through the advance planning fund and the planning and 

21 design activities funded through the design fund, including 

22 needs assessments which may or may not lead to capital 

23 investments, and salaries and associated costs of the resi24 dent engineers who oversee those capital investments 

25 funded through this account, and funds provided for the 


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1 purchase of land for the National Cemetery Administra2 tion through the land acquisition line item, none of the 

3 funds made available under this heading shall be used for 

4 any project which has not been approved by the Congress 

5 in the budgetary process: Provided further, That funds 

6 made available under this heading for fiscal year 2011, 

7 for each approved project shall be obligated: (1) by the 

8 awarding of a construction documents contract by Sep9 tember 30, 2011; and (2) by the awarding of a construc10 tion contract by September 30, 2012: Provided further, 

11 That the Secretary of Veterans Affairs shall promptly sub12 mit to the Committees on Appropriations of both Houses 

13 of Congress a written report on any approved major con14 struction project for which obligations are not incurred 

15 within the time limitations established above. 

16 CONSTRUCTION, MINOR PROJECTS

17 For constructing, altering, extending, and improving 

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

19 jurisdiction or for the use of the Department of Veterans 

20 Affairs, including planning and assessments of needs 

21 which may lead to capital investments, architectural and 

22 engineering services, maintenance or guarantee period 

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

25 utility and storm drainage system construction costs, and 


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

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

3 8110, 8122, and 8162 of title 38, United States Code, 

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

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

6 38, United States Code, $507,700,000, to remain avail7 able until expended, along with unobligated balances of 

8 previous ‘‘Construction, minor projects’’ appropriations 

9 which are hereby made available for any project where the 

10 estimated cost is equal to or less than the amount set forth 

11 in such section: Provided, That funds made available 

12 under this heading shall be for: (1) repairs to any of the 

13 nonmedical facilities under the jurisdiction or for the use 

14 of the Department which are necessary because of loss or 

15 damage caused by any natural disaster or catastrophe; 

16 and (2) temporary measures necessary to prevent or to 

17 minimize further loss by such causes: Provided further, 

18 That of the funds made available under this heading, 

19 $162,734,000 shall be for renewable energy projects at 

20 Department of Veterans Affairs medical facility campuses 

21 pursuant to section 8103 of title 38, United States Code. 

22 GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE

23 FACILITIES

24 For grants to assist States to acquire or construct 

25 State nursing home and domiciliary facilities and to reVerDate Mar 15 2010 23:44 Jul 29, 2010 Jkt 089200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\H5822.PCS H5822

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1 model, modify, or alter existing hospital, nursing home, 

2 and domiciliary facilities in State homes, for furnishing 

3 care to veterans as authorized by sections 8131 through 

4 8137 of title 38, United States Code, $85,000,000, to re5 main available until expended. 

6 GRANTS FOR CONSTRUCTION OF STATE VETERANS

7 CEMETERIES

8 For grants to assist States in establishing, expand9 ing, or improving State veterans cemeteries as authorized 

10 by section 2408 of title 38, United States Code, 

11 $46,000,000, to remain available until expended. 

12 ADMINISTRATIVE PROVISIONS

13 (INCLUDING TRANSFER OF FUNDS)

14 SEC. 201. Any appropriation for fiscal year 2011 for 

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

16 and ‘‘Veterans insurance and indemnities’’ may be trans17 ferred as necessary to any other of the mentioned appro18 priations: Provided, That before a transfer may take place, 

19 the Secretary of Veterans Affairs shall request from the 

20 Committees on Appropriations of both Houses of Congress 

21 the authority to make the transfer and such Committees 

22 issue an approval, or absent a response, a period of 30 

23 days has elapsed. 


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1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 202. Amounts made available for the Depart3 ment of Veterans Affairs for fiscal year 2011, in this Act 

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

5 support and compliance’’, and ‘‘Medical facilities’’ ac6 counts may be transferred among the accounts: Provided, 

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

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

9 or less of the total amount appropriated to the account 

10 in this or any other Act may take place subject to notifica11 tion from the Secretary of Veterans Affairs to the Com12 mittees on Appropriations of both Houses of Congress of 

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

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

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

16 1 percent, or exceeding the cumulative 1 percent for the 

17 fiscal year, may take place only after the Secretary re18 quests from the Committees on Appropriations of both 

19 Houses of Congress the authority to make the transfer 

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

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

22 take place only after the Secretary requests from the Com23 mittees on Appropriations of both Houses of Congress the 

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


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1 SEC. 203. Appropriations available in this title for 

2 salaries and expenses shall be available for services au3 thorized by section 3109 of title 5, United States Code, 

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

5 or both; and uniforms or allowances therefore, as author6 ized by sections 5901 through 5902 of title 5, United 

7 States Code. 

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

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

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

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

12 new hospital or home. 

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

14 available for hospitalization or examination of any persons 

15 (except beneficiaries entitled to such hospitalization or ex16 amination under the laws providing such benefits to vet17 erans, and persons receiving such treatment under sec18 tions 7901 through 7904 of title 5, United States Code, 

19 or the Robert T. Stafford Disaster Relief and Emergency 

20 Assistance Act (42 U.S.C. 5121 et seq.)), unless reim21 bursement of the cost of such hospitalization or examina22 tion is made to the ‘‘Medical services’’ account at such 

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

24 SEC. 206. Appropriations available in this title for 

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


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1 and ‘‘Veterans insurance and indemnities’’ shall be avail2 able for payment of prior year accrued obligations re3 quired to be recorded by law against the corresponding 

4 prior year accounts within the last quarter of fiscal year 

5 2010. 

6 SEC. 207. Appropriations available in this title shall 

7 be available to pay prior year obligations of corresponding 

8 prior year appropriations accounts resulting from sections 

9 3328(a), 3334, and 3712(a) of title 31, United States 

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

11 accounts they shall be payable only from ‘‘Compensation 

12 and pensions’’. 

13 (INCLUDING TRANSFER OF FUNDS)

14 SEC. 208. Notwithstanding any other provision of 

15 law, during fiscal year 2011, the Secretary of Veterans 

16 Affairs shall, from the National Service Life Insurance 

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

18 the Veterans’ Special Life Insurance Fund under section 

19 1923 of title 38, United States Code, and the United 

20 States Government Life Insurance Fund under section 

21 1955 of title 38, United States Code, reimburse the ‘‘Gen22 eral operating expenses’’ and ‘‘Information technology sys23 tems’’ accounts for the cost of administration of the insur24 ance programs financed through those accounts: Provided, 

25 That reimbursement shall be made only from the surplus 


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1 earnings accumulated in such an insurance program dur2 ing fiscal year 2011 that are available for dividends in that 

3 program after claims have been paid and actuarially deter4 mined reserves have been set aside: Provided further, That 

5 if the cost of administration of such an insurance program 

6 exceeds the amount of surplus earnings accumulated in 

7 that program, reimbursement shall be made only to the 

8 extent of such surplus earnings: Provided further, That the 

9 Secretary shall determine the cost of administration for 

10 fiscal year 2011 which is properly allocable to the provi11 sion of each such insurance program and to the provision 

12 of any total disability income insurance included in that 

13 insurance program. 

14 SEC. 209. Amounts deducted from enhanced-use 

15 lease proceeds to reimburse an account for expenses in16 curred by that account during a prior fiscal year for pro17 viding enhanced-use lease services, may be obligated dur18 ing the fiscal year in which the proceeds are received. 

19 (INCLUDING TRANSFER OF FUNDS)

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

21 salaries and other administrative expenses shall also be 

22 available to reimburse the Office of Resolution Manage23 ment of the Department of Veterans Affairs and the Of24 fice of Employment Discrimination Complaint Adjudica25 tion under section 319 of title 38, United States Code, 


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1 for all services provided at rates which will recover actual 

2 costs but not exceed $35,794,000 for the Office of Resolu3 tion Management and $3,354,000 for the Office of Em4 ployment and Discrimination Complaint Adjudication: 

5 Provided, That payments may be made in advance for 

6 services to be furnished based on estimated costs: Provided 

7 further, That amounts received shall be credited to the 

8 ‘‘General operating expenses’’ and ‘‘Information tech9 nology systems’’ accounts for use by the office that pro10 vided the service. 

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

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

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

14 unless the Secretary submits a report which the Commit15 tees on Appropriations of both Houses of Congress ap16 prove within 30 days following the date on which the re17 port is received. 

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

19 Affairs shall be available for hospital care, nursing home 

20 care, or medical services provided to any person under 

21 chapter 17 of title 38, United States Code, for a non-serv22 ice-connected disability described in section 1729(a)(2) of 

23 such title, unless that person has disclosed to the Sec24 retary of Veterans Affairs, in such form as the Secretary 

25 may require, current, accurate third-party reimbursement 


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1 information for purposes of section 1729 of such title: Pro2 vided, That the Secretary may recover, in the same man3 ner as any other debt due the United States, the reason4 able charges for such care or services from any person who 

5 does not make such disclosure as required: Provided fur6 ther, That any amounts so recovered for care or services 

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

8 Secretary during the fiscal year in which amounts are re9 ceived. 

10 (INCLUDING TRANSFER OF FUNDS)

11 SEC. 213. Notwithstanding any other provision of 

12 law, proceeds or revenues derived from enhanced-use leas13 ing activities (including disposal) may be deposited into 

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

15 minor projects’’ accounts and be used for construction (in16 cluding site acquisition and disposition), alterations, and 

17 improvements of any medical facility under the jurisdic18 tion or for the use of the Department of Veterans Affairs. 

19 Such sums as realized are in addition to the amount pro20 vided for in ‘‘Construction, major projects’’ and ‘‘Con21 struction, minor projects’’. 

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

23 services’’ are available— 

24 (1) for furnishing recreational facilities, sup25 plies, and equipment; and 


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

2 other expenses incidental to funerals and burials for 

3 beneficiaries receiving care in the Department. 

4 (INCLUDING TRANSFER OF FUNDS)

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

6 Medical Care Collections Fund pursuant to section 1729A 

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

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

9 the purposes of that account. 

10 SEC. 216. The Secretary of Veterans Affairs may 

11 enter into agreements with Indian tribes and tribal organi12 zations which are party to the Alaska Native Health Com13 pact with the Indian Health Service, and Indian tribes and 

14 tribal organizations serving rural Alaska which have en15 tered into contracts with the Indian Health Service under 

16 the Indian Self Determination and Educational Assistance 

17 Act, to provide healthcare, including behavioral health and 

18 dental care. The Secretary shall require participating vet19 erans and facilities to comply with all appropriate rules 

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

21 ‘‘rural Alaska’’ shall mean those lands sited within the ex22 ternal boundaries of the Alaska Native regions specified 

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

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

25 those lands within the Alaska Native regions specified in 


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

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

3 not within the boundaries of the Municipality of Anchor4 age, the Fairbanks North Star Borough, the Kenai Penin5 sula Borough or the Matanuska Susitna Borough. 

6 (INCLUDING TRANSFER OF FUNDS)

7 SEC. 217. Such sums as may be deposited to the De8 partment of Veterans Affairs Capital Asset Fund pursu9 ant to section 8118 of title 38, United States Code, may 

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

11 ‘‘Construction, minor projects’’ accounts, to remain avail12 able until expended for the purposes of these accounts. 

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

14 title may be used to implement any policy prohibiting the 

15 Directors of the Veterans Integrated Services Networks 

16 from conducting outreach or marketing to enroll new vet17 erans within their respective Networks. 

18 SEC. 219. The Secretary of Veterans Affairs shall 

19 submit to the Committees on Appropriations of both 

20 Houses of Congress a quarterly report on the financial 

21 status of the Veterans Health Administration. 

22 (INCLUDING TRANSFER OF FUNDS)

23 SEC. 220. Amounts made available under the ‘‘Med24 ical services’’, ‘‘Medical support and compliance’’, ‘‘Med25 ical facilities’’, ‘‘General operating expenses’’, and ‘‘NaVerDate Mar 15 2010 23:44 Jul 29, 2010 Jkt 089200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\H5822.PCS H5822

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1 tional Cemetery Administration’’ accounts for fiscal year 

2 2011, may be transferred to or from the ‘‘Information 

3 technology systems’’ account: Provided, That before a 

4 transfer may take place, the Secretary of Veterans Affairs 

5 shall request from the Committees on Appropriations of 

6 both Houses of Congress the authority to make the trans7 fer and an approval is issued. 

8 (INCLUDING TRANSFER OF FUNDS)

9 SEC. 221. Amounts made available for the ‘‘Informa10 tion technology systems’’ account may be transferred be11 tween projects: Provided, That no project may be in12 creased or decreased by more than $1,000,000 of cost 

13 prior to submitting a request to the Committees on Appro14 priations of both Houses of Congress to make the transfer 

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

16 of 30 days has elapsed. 

17 SEC. 222. None of the funds appropriated or other18 wise made available by this Act or any other Act for the 

19 Department of Veterans Affairs may be used in a manner 

20 that is inconsistent with— 

21 (1) section 842 of the Transportation, Treas22 ury, Housing and Urban Development, the Judici23 ary, the District of Columbia, and Independent 

24 Agencies Appropriations Act, 2006 (Public Law 

25 109–115; 119 Stat. 2506); or 


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

2 Code. 

3 SEC. 223. Of the amounts made available to the De4 partment of Veterans Affairs for fiscal year 2011, in this 

5 Act or any other Act, under the ‘‘Medical facilities’’ ac6 count for non-recurring maintenance, not more than 20 

7 percent of the funds made available shall be obligated dur8 ing the last 2 months of that fiscal year: Provided, That 

9 the Secretary may waive this requirement after providing 

10 written notice to the Committees on Appropriations of 

11 both Houses of Congress. 

12 SEC. 224. Of the amounts appropriated or otherwise 

13 made available by this title, the Secretary may execute 

14 $5,000,000 for cooperative agreements with State and 

15 local government entities or their designees with a dem16 onstrated record of serving veterans to conduct outreach 

17 to ensure that veterans in underserved areas receive the 

18 care and benefits for which they are eligible. 

19 (INCLUDING TRANSFER OF FUNDS)

20 SEC. 225. Of the amounts appropriated to the De21 partment of Veterans Affairs in this Act, and any other 

22 Act, for ‘‘Medical services’’, ‘‘Medical support and compli23 ance’’, ‘‘Medical facilities’’, ‘‘Construction, minor 

24 projects’’, and ‘‘Information technology systems’’, such 

25 sums as may be necessary, plus reimbursements, may be 


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1 transferred to the Joint Department of Defense-Depart2 ment of Veterans Affairs Medical Facility Demonstration 

3 Fund, established by section 1704 of title XVII of division 

4 A of Public Law 111–84, and shall be available to fund 

5 operations of the integrated Captain James A. Lovell Fed6 eral Health Care Center, consisting of the North Chicago 

7 Veteran Affairs Medical Center, and Navy Ambulatory 

8 Care Center, and supporting facilities designated as a 

9 combined Federal medical facility as described by Section 

10 706 of Public Law 110–417. 

11 (INCLUDING TRANSFER OF FUNDS)

12 SEC. 226. Such sums as may be deposited to the 

13 Medical Care Collections Fund pursuant to section 1729A 

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

15 at the Captain James A. Lovell Federal Health Care Cen16 ter may be transferred to the Joint Department of De17 fense-Department of Veterans Affairs Medical Facility 

18 Demonstration Fund, established by section 1704 of title 

19 XVII of division A of Public Law 111–84, and shall be 

20 available to fund operations of the integrated Captain 

21 James A. Lovell Federal Health Care Center, consisting 

22 of the North Chicago Veteran Affairs Medical Center, and 

23 Navy Ambulatory Care Center, and supporting facilities 

24 designated as a combined Federal medical facility as de25 scribed by section 1706 of Public Law 110–417. 


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1 (INCLUDING TRANSFER OF FUNDS)

2 SEC. 227. 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 Department of Defense/Department 

6 of Veterans Affairs Health Care Sharing Incentive Fund, 

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

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

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

10 (INCLUDING RESCISSION OF FUNDS)

11 SEC. 228. (a) Of the funds appropriated in the Mili12 tary Construction and Veterans Affairs and Related Agen13 cies Appropriations Act, 2010 (Public Law 111–117, Divi14 sion E), the following amounts which become available on 

15 October 1, 2010 are hereby permanently cancelled from 

16 the accounts in the amounts specified: 

17 ‘‘Medical services’’, Department of Veterans Af18 fairs, $1,015,000,000; 

19 ‘‘Medical support and compliance’’, Department 

20 of Veterans Affairs, $145,000,000; and 

21 ‘‘Medical facilities’’, Department of Veterans 

22 Affairs, $145,000,000. 

23 (b) An additional amount is appropriated to the fol24 lowing accounts in the amounts specified, to become availVerDate Mar 15 2010 23:44 Jul 29, 2010 Jkt 089200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\H5822.PCS H5822

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1 able on October 1, 2010 and to remain available until Sep2 tember 30, 2012: 

3 ‘‘Medical services’’, Department of Veterans Af4 fairs, $1,015,000,000; 

5 ‘‘Medical support and compliance’’, Department 

6 of Veterans Affairs, $145,000,000; and 

7 ‘‘Medical facilities’’, Department of Veterans 

8 Affairs, $145,000,000. 

9 SEC. 229. For an additional amount for the ‘‘General 

10 operating expenses’’ account, $23,584,000, to increase the 

11 Department’s acquisition workforce capacity and capabili12 ties: Provided, That such funds may be transferred by the 

13 Secretary to any other account in the Department to carry 

14 out the purposes provided herein: Provided further, That 

15 such transfer authority is in addition to any other transfer 

16 authority provided in this Act: Provided further, That such 

17 funds shall be available only to supplement and not to sup18 plant existing acquisition workforce activities: Provided 

19 further, That such funds shall be available for training, 

20 recruitment, retention, and hiring additional members of 

21 the acquisition workforce as defined by the Office of Fed22 eral Procurement Policy Act, as amended (41 U.S.C. 401 

23 et seq.): Provided further, That such funds shall be avail24 able for information technology in support of acquisition 


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1 workforce effectiveness or for management solutions to 

2 improve acquisition management. 

3 SEC. 230. The Secretary of the Department of Vet4 erans Affairs shall report to the Committees on Appropria5 tions of both Houses of Congress within 30 days of enact6 ment of this Act the planned funding allocation from each 

7 of the Veterans Health Administration accounts to the 

8 National Reserve Fund and any subsequent increase in 

9 these allocations of ten percent or more: Provided, That 

10 the Secretary shall notify the Committees of any planned 

11 obligation of the National Reserve Fund fifteen days be12 fore such obligation takes place, as well as the intended 

13 use of the funds. 

14 SEC. 231. The Secretary of the Department of Vet15 erans Affairs shall notify the Committees on Appropria16 tions of both Houses of Congress of all bid savings in 

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

18 or five percent of the programmed amount, whichever is 

19 less: Provided, That such notification shall occur within 

20 14 days after the date on which funds are obligated. 

21 SEC. 232. The scope of work for a project included 

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

23 above the scope specified for that project in the original 

24 justification data provided to the Congress as part of the 

25 request for appropriations, without prior notification to 


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1 the Committees on Appropriations of both Houses of Con2 gress. 

3 SEC. 233. Of the amounts made available for fiscal 

4 year 2011 for ‘‘Medical Facilities’’ in Public Law 111– 

5 117, $162,734,000 shall be available for renewable energy 

6 projects at the Department of Veterans Affairs medical 

7 facility campuses subject to section 8103 of title 38, 

8 United States Code. 

9 TITLE III 

10 RELATED AGENCIES 

11 AMERICAN BATTLE MONUMENTS COMMISSION

12 SALARIES AND EXPENSES

13 For necessary expenses, not otherwise provided for, 

14 of the American Battle Monuments Commission, including 

15 the acquisition of land or interest in land in foreign coun16 tries; purchases and repair of uniforms for caretakers of 

17 national cemeteries and monuments outside of the United 

18 States and its territories and possessions; rent of office 

19 and garage space in foreign countries; purchase (one-for20 one replacement basis only) and hire of passenger motor 

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

22 representation expenses; and insurance of official motor 

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

24 countries, $65,667,000, to remain available until ex25 pended: Provided, That of the amount made available 


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1 under this heading, $1,000,000 shall be for improvements 

2 and rehabilitation of the Bataan Death March Memorial 

3 at the Cabanatuan American Memorial in the Philippines. 

4 FOREIGN CURRENCY FLUCTUATIONS ACCOUNT

5 For necessary expenses, not otherwise provided for, 

6 of the American Battle Monuments Commission, such 

7 sums as may be necessary, to remain available until ex8 pended, for purposes authorized by section 2109 of title 

9 36, United States Code. 

10 UNITED STATES COURT OF APPEALS FOR VETERANS

11 CLAIMS

12 SALARIES AND EXPENSES

13 For necessary expenses for the operation of the 

14 United States Court of Appeals for Veterans Claims as 

15 authorized by sections 7251 through 7298 of title 38, 

16 United States Code, $90,147,000: Provided, That, of the 

17 foregoing amount, $62,000,000 shall be transferred to the 

18 General Services Administration for the construction of a 

19 courthouse to house the United States Court of Appeals 

20 for Veterans Claims: Provided further, That $2,515,229 

21 shall be available for the purpose of providing financial 

22 assistance as described, and in accordance with the proc23 ess and reporting procedures set forth, under this heading 

24 in Public Law 102–229. 


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1 DEPARTMENT OF DEFENSE - CIVIL

2 CEMETERIAL EXPENSES, ARMY

3 SALARIES AND EXPENSES

4 For necessary expenses, as authorized by law, for 

5 maintenance, operation, and improvement of Arlington 

6 National Cemetery and Soldiers’ and Airmen’s Home Na7 tional Cemetery, including the purchase of two passenger 

8 motor vehicles for replacement only, and not to exceed 

9 $1,000 for official reception and representation expenses, 

10 $39,600,000, to remain available until expended: Pro11 vided, That none of the funds available under this heading 

12 shall be for construction of a perimeter wall at Arlington 

13 National Cemetery. In addition, such sums as may be nec14 essary for parking maintenance, repairs and replacement, 

15 to be derived from the Lease of Department of Defense 

16 Real Property for Defense Agencies account. 

17 Funds appropriated under this Act may be provided 

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

19 federally-owned water main at Arlington National Ceme20 tery making additional land available for ground burials. 

21 ARMED FORCES RETIREMENT HOME

22 TRUST FUND

23 For expenses necessary for the Armed Forces Retire24 ment Home to operate and maintain the Armed Forces 

25 Retirement Home—Washington, District of Columbia, 


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1 and the Armed Forces Retirement Home—Gulfport, Mis2 sissippi, to be paid from funds available in the Armed 

3 Forces Retirement Home Trust Fund, $71,200,000, of 

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

5 for construction and renovation of the physical plants at 

6 the Armed Forces Retirement Home—Washington, Dis7 trict of Columbia, and the Armed Forces Retirement 

8 Home—Gulfport, Mississippi. 

9 TITLE IV 

10 OVERSEAS CONTINGENCY OPERATIONS 

11 DEPARTMENT OF DEFENSE

12 MILITARY CONSTRUCTION, ARMY

13 (INCLUDING TRANSFER OF FUNDS)

14 For an additional amount for ‘‘Military Construction, 

15 Army’’, $929,996,000, to remain available until Sep16 tember 30, 2013: Provided, That notwithstanding any 

17 other provision of law, such funds may be obligated and 

18 expended to carry out planning and design and military 

19 construction projects not otherwise authorized by law: 

20 Provided further, That of the amount appropriated, 

21 $10,000,000 shall be transferred to ‘‘Department of De22 fense — Other Department of Defense Programs — Of23 fice of the Inspector General’’, to be merged with and to 

24 be available for the same time period as the appropriation 

25 to which transferred, for the purpose of carrying out auVerDate Mar 15 2010 23:44 Jul 29, 2010 Jkt 089200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 E:\BILLS\H5822.PCS H5822

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1 dits of military construction projects in Afghanistan: Pro2 vided further, That this transfer authority is in addition 

3 to any other transfer authority available to the Depart4 ment of Defense. 

5 MILITARY CONSTRUCTION, AIR FORCE

6 For an additional amount for ‘‘Military Construction, 

7 Air Force’’, $280,504,000, to remain available until Sep8 tember 30, 2013: Provided, That notwithstanding any 

9 other provision of law, such funds may be obligated and 

10 expended to carry out planning and design and military 

11 construction projects not otherwise authorized by law. 

12 MILITARY CONSTRUCTION, DEFENSE-WIDE

13 For an additional amount for ‘‘Military Construction, 

14 Defense-Wide’’, $46,500,000, to remain available until 

15 September 30, 2013: Provided, That notwithstanding any 

16 other provision of law, such funds may be obligated and 

17 expended to carry out planning and design and military 

18 construction projects not otherwise authorized by law. 

19 ADMINISTRATIVE PROVISIONS

20 SEC. 401. Unless otherwise specified, each amount in 

21 this title is designated as an emergency requirement and 

22 necessary to meet emergency needs pursuant to sections 

23 403(a) and 423(b) of S. Con. Res. 13 (111th Congress), 

24 the concurrent resolution on the budget for fiscal year 

25 2010. 


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

2 title may be obligated for architect and engineer contracts 

3 estimated by the Government to exceed $500,000, unless 

4 such contracts are awarded to United States firms or 

5 United States firms in joint venture with host nation 

6 firms. 

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

8 title may be used to award any contract estimated by the 

9 Government to exceed $1,000,000 to a foreign contractor: 

10 Provided, That this section shall not be applicable to con11 tract awards for which the lowest responsive and respon12 sible bid of a United States contractor exceeds the lowest 

13 responsive and responsible bid of a foreign contractor by 

14 greater than 20 percent: Provided further, That the Sec15 retary of Defense may waive the limitation imposed by this 

16 section upon a determination that such limitation is incon17 sistent with national security: Provided further, That the 

18 Secretary of Defense shall notify the Committees on Ap19 propriations of both Houses of Congress no later than five 

20 days following a decision to waive the limitation imposed 

21 in this section. 


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1 TITLE V 

2 GENERAL PROVISIONS 

3 SEC. 501. No part of any appropriation contained in 

4 this Act shall remain available for obligation beyond the 

5 current fiscal year unless expressly so provided herein. 

6 SEC. 502. Such sums as may be necessary for fiscal 

7 year 2011 for pay raises for programs funded by this Act 

8 shall be absorbed within the levels appropriated in this 

9 Act. 

10 SEC. 503. None of the funds made available in this 

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

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

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

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

15 law relating to risk assessment, the protection of private 

16 property rights, or unfunded mandates. 

17 SEC. 504. No part of any funds appropriated in this 

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

19 other than for normal and recognized executive-legislative 

20 relationships, for publicity or propaganda purposes, and 

21 for the preparation, distribution, or use of any kit, pam22 phlet, booklet, publication, radio, television, or film presen23 tation designed to support or defeat legislation pending 

24 before Congress, except in presentation to Congress itself. 


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1 SEC. 505. All departments and agencies funded under 

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

3 statutory authorities and funding, to expand their use of 

4 ‘‘E-Commerce’’ technologies and procedures in the con5 duct of their business practices and public service activi6 ties. 

7 SEC. 506. None of the funds made available in this 

8 Act may be transferred to any department, agency, or in9 strumentality of the United States Government except 

10 pursuant to a transfer made by, or transfer authority pro11 vided in, this or any other appropriations Act. 

12 SEC. 507. Unless stated otherwise, all reports and no13 tifications required by this Act shall be submitted to the 

14 Subcommittee on Military Construction and Veterans Af15 fairs, and Related Agencies of the Committee on Appro16 priations of the House of Representatives and the Sub17 committee on Military Construction and Veterans Affairs, 

18 and Related Agencies of the Committee on Appropriations 

19 of the Senate. 

20 SEC. 508. None of the funds made available in this 

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

22 individual serving as a Member, Delegate, or Resident 

23 Commissioner of the United States House of Representa24 tives. 


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1 SEC. 509. (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 

5 other Act, upon the determination by the head of the agen6 cy that 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 com9 promises 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 

14 the requesting Committee or Committees of Congress for 

15 no less than 45 days. 

16 SEC. 510. None of the funds made available in this 

17 Act may be distributed to the Association of Community 

18 Organizations for Reform Now (ACORN) or its subsidi19 aries. 

20 SEC. 511. None of the funds appropriated or other21 wise made available by this Act may be obligated by any 

22 covered executive agency in contravention of the certifi23 cation requirement of section 6(b) of the Iran Sanctions 

24 Act of 1996, as included in the revisions to the Federal 

25 Acquisition Regulation pursuant to such section. 


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1 SEC. 512. (a) None of the funds made available in 

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

3 network unless such network blocks the viewing, 

4 downloading, and exchanging of pornography. 

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

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

7 enforcement agency or any other entity carrying out crimi8 nal investigations, prosecution, or adjudication activities. 

9 SEC. 513. None of the funds made available in this 

10 Act may be used for the processing of new enhanced-use 

11 leases at the National Home for Disabled Volunteer Sol12 diers located in Milwaukee, Wisconsin. 

13 SEC. 514. 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. 515. 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. 516. None of the funds appropriated or other25 wise made available to the Department of Defense in this 


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1 Act may be used to renovate or construct any facility in 

2 the continental United States for the purpose of housing 

3 any individual who has been detained, at any time after 

4 September 11, 2001, at United States Naval Station, 

5 Guantanamo Bay, Cuba. 

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

7 and Veterans Affairs and Related Agencies Appropriations 

8 Act, 2011’’. 

Passed the House of Representatives July 28, 2010. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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Calendar No. 494 

111TH CONGRESS 

2D SESSION H. R. 5822 

AN ACT 

Making appropriations for military construction, 

2011, and for other purposes. agencies for the fiscal year ending September 30, the Department of Veterans Affairs, and related 

JULY 29, 2010 

Received; read twice and placed on the calendar 


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