H.R. 5854 (112th): Military Construction and Veterans Affairs and Related Agencies Appropriations Act, 2013

Introduced:
May 23, 2012 (112th Congress, 2011–2013)
Sponsor:
Rep. John Culberson [R-TX7]
Status:
Died (Passed House)

The bill’s title was written by the bill’s sponsor. H.R. stands for House of Representatives bill.

GovTrack’s Bill Summary

We don’t have a summary available yet.

Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.


5/23/2012--Reported to House without amendment. (This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.) Military Construction and Veterans Affairs and Related Agencies Appropriations Act, 2013 -
Title I - Department of Defense
Appropriates funds for FY2013 for the Department of Defense (DOD) for:
(1) military construction for the Army, Navy and Marine Corps, and Air Force (military departments), DOD, the Army and Air National Guard, and the Army, Navy, and Air Force reserves;
(2) the North Atlantic Treaty Organization (NATO) Security Investment Program;
(3) family housing construction and related operation and maintenance for the military departments and DOD;
(4) the Department of Defense Family Housing Improvement Fund;
(5) chemical demilitarization construction; and
(6) the Department of Defense Base Closure Accounts of 1990 and 2005.
Specifies restrictions and authorizations regarding the use of funds appropriated in this title and in other military construction appropriations Acts.
Section 110 -
Prohibits appropriated funds from being used to initiate a new installation overseas without prior notification to the congressional appropriations committees.
Section 113 -
Directs the Secretary of Defense (Secretary) to notify the appropriate congressional committees 30 days in advance of the plans and scope of any proposed military exercise involving U.S. personnel if construction costs are anticipated to exceed $100,000.
Section 119 -
Authorizes the transfer of DOD funds for expenses associated with the Homeowners Assistance Program under the Metropolitan Demonstration Cities and Metropolitan Development Act of 1966.
Section 122 -
Places specified restrictions and limitations on the obligation or expenditure of funds made available in this title or in any other military construction appropriations Act to carry out a military construction, land acquisition, or family housing project at or for a military installation approved for closure, or for supporting a function that has been approved for realignment to another installation, in 2005 under the Defense Base Closure and Realignment Act of 1990.
Section 123 -
Provides for the transfer of lapsed unobligated military construction and family housing funds into the Foreign Currency Fluctuations, Defense account.
Section 124 -
Prohibits the Secretary from using appropriated funds to take beneficial occupancy of more than 2,000 parking spaces provided by the BRAC (base realignment and closure) 133 project (northern Virginia). Allows a waiver of such prohibition under limited circumstances.
Section 125 -
Prohibits this Act's funds from being used for any action that relates to or promotes the expansion of the boundaries or size of the Pinon Canyon Maneuver Site, Colorado.
Section 126 -
Prohibits the Secretary of the Army from using appropriated funds to relocate an Army unit that:
(1) performs a testing mission or function that is not performed by any other Army unit and is statutorily required, and
(2) is located at a military installation at which the total number of Army civilian employees and contractor personnel exceeds 10% of the total number of regular and reserve Army personnel assigned there.
Allows an exception if such Secretary notifies the defense committees of such relocation's compliance with Army Regulation 5-10 concerning the policy, procedures, and responsibilities for Army stationing actions.
Section 127 -
Cancels from prior appropriations Acts: (1) $20 million in defense-wide military construction funds, and (2) $212.291 million for the Department of Defense Base Closure Account 2005.
Section 129 -
Reduces by $2.334 million the total amount available in this Act for DOD civilian personnel.
Title II - Department of Veterans Affairs
Authorizes appropriations for the Department of Veterans Affairs (VA) for:
(1) the Veterans Benefits Administration,
(2) readjustment benefits,
(3) veterans insurance and indemnities,
(4) the Veterans Housing Benefit Program Fund,
(5) the Vocational Rehabilitation Loans Program,
(6) the Native American Veteran Housing Loan Program,
(7) the Veterans Health Administration (including for medical and prosthetic research and information technology systems),
(8) the National Cemetery Administration,
(9) the Office of the Inspector General,
(10) construction for major and minor projects, and
(11) grants for the construction of state extended care facilities and veterans cemeteries.
Specifies restrictions and authorizations regarding the use of funds appropriated in this title.
Section 210 -
Makes funds from this title available to reimburse expenses of the Office of Resolution Management and the Office of Employment Discrimination Complaint Adjudication, within specified limits.
Section 216 -
Authorizes the Secretary of Veterans Affairs (Secretary, for purposes of this title) to enter into agreements with certain Indian tribes and tribal organizations in rural Alaska to provide health care, including behavioral health and dental care.
Section 219 -
Directs the Secretary to report quarterly to the appropriations committees on the financial status of the Veterans Health Administration (VHA).
Section 223 -
Allows certain VA funds to be used to fund operations of the Captain James A. Lovell Federal Health Care Center. Requires written notification from the Secretary to the appropriations committees of any fund transfers for such purpose.
Section 226 -
Directs the Secretary to notify the appropriations committees on all bid savings in major construction projects that total at least $5 million or 5% of the programmed amount, whichever is less.
Section 228 -
Directs the Secretary to notify the appropriations committees quarterly concerning any single national outreach and awareness marketing campaign in which obligations exceed $2 million.
Section 229 -
Directs the Secretary to include in a current annual sufficiency letter to Congress a description of any changes exceeding $250 million in funding requirements for the Medical Services account resulting from the spring recalculation of the Enrollee Healthcare Projection Model.
Section 230 -
Requires the Secretary to submit a reprogramming request to the appropriations committees whenever a change of 10% or more is proposed in funding for the current or advance year in the Medical Services initiatives listed in the congressional submission.
Section 231 -
Rescinds specified funds made available in the Consolidated Appropriations Act, 2012 for the VA's Medical services, Medical support and compliance, and Medical facilities accounts.
Section 232 -
Reduces by specified amounts funds made available in this Act for the Veterans Health Administration, the National Cemetery Administration, and VA departmental administration.
Title III - Related Agencies
Appropriates funds for: (1) the American Battle Monuments Commission, (2) the U.S. Court of Appeals for Veterans Claims, (3) cemeterial expenses, and (4) the Armed Forces Retirement Home.
Title IV - Overseas Contingency Operations
Appropriates funds for Overseas Contingency Operations/Global War on Terrorism, specifically for Navy and Marine Corps military construction.
Title V - General Provisions
Specifies restrictions and authorities regarding the use of funds appropriated in this Act.
Section 507 -
Prohibits this Act's funds from being used for:
(1) a project or program named for an individual serving as a Member, Delegate, or Resident Commissioner of the U.S. House of Representatives;
(2) maintaining or establishing a computer network unless such network blocks the viewing, downloading, and exchanging of pornography;
(3) funding the Association of Community Organizations for Reform Now (ACORN);
(4) exercising the power of eminent domain without the payment of just compensation;
(5) renovating, expanding, or constructing any facility in the United States in order to house any non-U.S. citizen detained at U.S. Naval Station, Guantanamo Bay, Cuba;
(6) paying for first-class travel by an agency employee in contravention of federal employee travel requirements;
(7) entering into a contract or agreement with any corporation that was convicted of a felony criminal violation within the preceding 24 months, or that carries an unpaid federal tax liability; or
(8) requiring or prohibiting bidders, contractors, and subcontractors from entering into or adhering to agreements with one or more labor organizations.
Section 518 -
Prohibits the applicable allocation of new budget authority under this Act from exceeding the amount of proposed new budget authority.

House Republican Conference Summary

The summary below was written by the House Republican Conference, which is the caucus of Republicans in the House of Representatives.


This summary can be found at http://www.gop.gov/bill/112/2/hr5854.

Summary

H.R. 5854 would provide a total of $71.7 billion in non-emergency, discretionary budget authority for Military Construction and Veterans Affairs in FY 2013, which is the same as the FY 2012 level. The bill would provide $10.6 billion for military construction projects, a decrease of $2.4 billion below last year’s level and $573 million below the President’s request. Funding for Department of Veterans Affairs (VA) programs in FY 2013 would include $60.7 billion in discretionary funding which is $2.3 billion above last year. In addition, the legislation would provide $54.5 billion in advance appropriations for VA medical accounts in FY 2014. Including $74.6 billion in mandatory spending, which does not count against the subcommittee’s allocation, the bill would provide a total of $146.3 billion in budget authority for Military Construction and Veterans Affairs funding in FY 2013. H.R. 5854 would contribute to an overall level of discretionary budget authority of $1.028 trillion for FY 2013 as contained in H.Con.Res. 112, the Concurrent Resolution on the Budget for Fiscal Year 2013.

TITLE I—Department of Defense and Military Construction

The bill would provide $10.6 billion for military construction projects, a decrease of $2.4 billion below last year’s level and $573 million below the President’s request. According to Committee Report 112-491, a significant portion of this decrease is attributed to the deliberate pause in military construction by the Air Force and a continued decline in funding requirements for the BRAC 2005 process.

Department of Defense Military Construction: The bill would provide a total appropriation of $8.7 billion for Department of Defense (DoD) military construction, a decrease of $2.6 billion below last year and $338 million below the President’s request. This funding provides for the Army, Navy and Marine Corps, Air Force and Defense-wide military construction, including reserve and National Guard construction.

Military Family Housing: The bill would provide a total of $1.65 billion for family housing maintenance and construction, which is a decrease of $32 million below last year and the same amount as the President’s request. According to the Committee, the funding provided will ensure quality housing is continued for 1,231,044 military families, and also supports privatization efforts of the remaining 7 percent of DoD family housing inventory. 

NATO Security Investment Program: The bill would provide $247 million for the North Atlantic Treaty Organization (NATO) Security Investment Program, an increase of $6 million over last year and the same as the President’s request. The program finances the provision of the installations and facilities needed to support the roles of NATO Strategic Commands. These investments cover such installations and facilities as communications and information systems, radar, military headquarters, airfields, fuel pipelines and storage, and harbors.

TITLE II—Department of Veterans Affairs

The legislation includes a total of $135.4 billion in combined discretionary and mandatory funding for the Department of Veterans Affairs. Funding includes $60.7 billion in appropriated funding and $74.6 billion in mandatory spending. Discretionary funding in the bill is $2.3 billion above last year’s level and $258 million below the President’s request. Approximately $52 billion of this discretionary total was provided last year via an advance of funding in the FY 2012 appropriations bill.

Veterans Benefits Administration: The bill would provide a total mandatory and discretionary funding level of $61.7 billion for the Veterans Benefits Administration, an increase of $10.5 billion or 20 percent over FY 2012 and equal to the President’s request. The vast majority of the Veterans Benefits Administration’s funds are provided through mandatory spending for compensation, pensions, burial benefits, and other veterans’ benefits that were established in previous legislation.

Readjustment Benefits: Funding provided to the Veterans’ Benefits Administration would include $12.6 billion in readjustment benefits which finances the education and training of veterans and service members. The funding level represents an increase of $499 million or 4 percent over FY 2012 and is equal to the President’s request.

Veterans Health Administration: The bill would provide a total of $52 billion for the Veterans Health Administration, an increase of $1.9 billion over FY 2012 and equal to the President’s request. Funding for the Veterans Health Administration medical services comes primarily from advanced appropriations from previous years. Advanced appropriations from previous funding measures for the VA Administration for FY 2014 includes $41.3 billion for Veterans Medical Services, $5.7 billion for Medical Support Compliance and $5.4 billion for Medical Facilities. The bill also contains $54.5 billion in advanced appropriations to finance these programs in FY 2014.

Information Technology: The bill would provide $3.3 billion for VA information technology needs at medical facilities, an increase of $216 million or 7 percent above from FY 2012 and the same as the President’s request.

Operating Expenses: The bill would provide $2.1 billion for general VA operating expenses, an increase of $145 million above last year and the same as the President’s request.

VA Construction: The bill would provide $532 million for major VA construction projects, a decrease of $57 million from last year and the same as the President’s request. The bill would also provide $607 million for minor VA construction projects, an increase of $125 million above last year and the same as the President’s budget request.

VA Inspector General: The bill would provide $113 million for the Department of Veterans Affairs Office of Inspector General, the same amount as last year and the same amount as the President’s request.

Advanced Appropriations: The bill would provide $54.5 billion in advance fiscal year 2014 appropriations for the Veterans Health Administration for medical services, medical support, and medical facilities.

TITLE III—Related Agencies

American Battle Monuments Commission: The American Battle Monuments Commission, responsible for operating and supporting U.S. military monuments and cemeteries around the world, would be funded at $75 million, a decrease of $2 million from last year and $890,000 above the President’s budget request.

Arlington National Cemetery: The bill would provide $173 million for the operation of Arlington National Cemetery, $128 million more than last year and the President’s request.

Armed Forces Retirement Home: The bill would provide $67 million for the Armed Forces Retirement Home Trust Fund, the same as the President’s request.

Additional Provisions

Use of Funds: The bill would prohibit funds from being made available to acquire land, provide for site preparation, or install utilities for any family housing, unless it has been made available in appropriations for military construction.

Steel Procurement: The bill would prohibit the procurement of steel unless U.S. producers and manufacturers are able to compete.

Project Labor Agreements: The bill would prohibit the use of funds for construction bid solicitations that require or prohibit project labor agreements.

E-Verify: The bill would prohibit the use of funds for any contract where the contractor has not complied with E-Verify requirements. E-Verify is an Internet-based system that allows businesses to determine the eligibility of their employees to work in the United States.

Guantanamo Bay Detainees: The bill would prohibit the use of funds for the renovation, expansion, or construction of any facility in the continental United States for the purpose of housing any individual who has been detained at the United States Naval Station, Guantanamo Bay, Cuba.

Total Budget Authority (In Thousands)

Program

FY 2012 Enacted

President's Request

H.R. 5854

Change From FY 2012

Change From Request

% Change from 2012

% Change From Request

TITLE I--Department of Defense Military Construction

Army Military Construction

3,006,491

1,923,323

1,820,323

-1,186,168

-103,000

-39.5%

-5.4%

Navy and Marine Corps Military Construction

2,112,823

1,701,985

1,551,217

-561,606

-150,768

-26.6%

-1.0%

Air Force Military Construction

     1,227,058

388,200

388,200

-838,858

0

-68.4%

-8.6%

Defense-Wide Military Construction

3,431,957

3,654,623

3,569,623

137,666

-85,000

4.0%

-8.2%

Reserve Components

1,230,306

1,022,542

1,022,542

-207,764

0

-16.9%

0.0%

NATO  Security Investment

247,611

254,163

254,163

6,552

0

2.6%

0.0%

Family Housing Maintenance and Construction

1,682,946

1,650,781

1,650,781

-32,165

0

-1.9%

0.0%

Chemical Demilitarization Construction

          75,312

        151,000

        151,000

75,688

0

100.5%

0.0%

Base Realignment and Closure

582,319

476,093

476,093

-106,226

0

-18.2%

0.0%

Department of Defense Military Construction Total

13,049,647

11,222,710

10,649,317

-2,400,330

-573,393

-18.4%

-5.1%

TITLE II - Department of Veterans Affairs

Compensation and Pensions

51,237,567

61,741,232

61,741,232

10,503,665

0

20.5%

0.0%

Readjustment Benefits

12,108,488

12,607,476

12,607,476

498,988

0

4.1%

0.0%

Veterans Insurance and Indemnities

100,252

104,600

104,600

4,348

0

4.3%

0.0%

Veterans Housing Benefit Program (administrative)

154,698

157,814

157,814

3,116

0

2.0%

0.0%

Medical Services (Advanced Appropriation for FY 2014)

41,354,000

43,557,000

43,557,000

2,203,000

0

5.3%

0.0%

Medical Support Compliance (Advanced Appropriation for FY 2014)

5,746,000

6,033,000

6,033,000

287,000

0

5.0%

0.0%

Medical Facilities (Advanced for FY 2014)

5,441,000

4,872,000

4,872,000

-569,000

0

-10.5%

0.0%

Medical and Prosthetic Research

581,000

582,674

582,674

1,674

0

0.3%

0.0%

National Cemetery Administration

250,934

258,284

258,284

7,350

0

2.9%

0.0%

General Department Operating Expenses

2,018,764

2,164,074

2,164,074

145,310

0

7.2%

0.0%

General Administration

416,737

416,737

416,737

0

0

0.0%

0.0%

Information Technology Systems

3,111,376

3,327,444

3,327,444

216,068

0

6.9%

0.0%

Office of the Inspector General

112,391

113,000

113,000

609

0

0.5%

0.0%

Construction of Major Projects

589,604

532,470

532,470

-57,134

0

-9.7%

0.0%

Construction of Minor Projects

482,386

607,530

607,530

125,144

0

25.9%

0.0%

Grants for State Extended Care Construction

85,000

85,000

85,000

0

0

0.0%

0.0%

Grants for State Veterans Cemetery Construction

46,000

46,000

46,000

0

0

0.0%

0.0%

Department of Veterans Affairs Discretionary

58,470,368

60,998,481

60,739,683

2,269,315

-258,798

3.9%

-0.4%

Department of Veterans Affairs Total*

122,226,272

135,636,648

135,377,850

13,151,578

-258,798

10.8%

-0.2%

 *This account includes $74.638 billion in mandatory spending which does not count against the subcommittee allocation

TITLE III--RELATED AGENCIES

American Battle Monuments Commission

77,100

73,600

74,490

-2,610

890

-3.4%

1%

US Court of Appeals for Vets Claims

30,770

32,481

31,187

417

-1,294

1.4%

-4%

Army Cemeteries Expenses

45,800

45,800

173,733

127,933

127,933

279.3%

279%

Armed Forces Retirement Home

82,330

67,590

67,590

-14,740

0

-17.9%

0%

Related Agencies Total

236,000

219,471

347,000

111,000

127,529

47.0%

58%

TOTAL FUNDING LEVELS

 Discretionary Budget Authority

71,747,000

72,440,662

71,747,000

0

-693,662

0.0%

-1.0%

 

Cost

According to CBO, H.R. 5854 would provide $71.747 billion in discretionary budget authority for programs funded through the Military Construction and Veterans Affairs appropriations bill for Fiscal Year 2013.

House Democratic Caucus Summary

The House Democratic Caucus does not provide summaries of bills.

So, yes, we display the House Republican Conference’s summaries when available even if we do not have a Democratic summary available. That’s because we feel it is better to give you as much information as possible, even if we cannot provide every viewpoint.

We’ll be looking for a source of summaries from the other side in the meanwhile.

The bill contains the following citations to other parts of U.S. law:

Slip Laws

Slip laws refer to enacted bills and joint resolutions in their original form as enacted by Congress, that is, before other laws amend them. Slip laws are cited as “Public Law XXX-YYY”, where XXX is the number of the Congress in which the bill or resolution was introduced.

United States Code

The United States Code is the compilation of permanent laws enacted by Congress. Temporary and other non-permanent laws do not appear in the United States Code. (About half of the United States Code is the law itself, called positive law. The other half is merely a compilation of the laws but has no legal significance.)

Statutes at Large

The United States Statutes at Large is the compilation of all laws enacted by Congress.

  • 122 Stat. 4500
  • 123 Stat. 3571
  • 124 Stat. 1174

Other Citations

  • 10 U.S.C. Chapter 169
  • 38 U.S.C. Chapter 17
  • 38 U.S.C. Chapter 37