[House Report 111-570]
[From the U.S. Government Publishing Office]
111th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 111-570
======================================================================
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 5822) 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 AND PROVIDING FOR CONSIDERATION OF MOTIONS
TO SUSPEND THE RULES
_______
July 27, 2010.--Referred to the House Calendar and ordered to be
printed
_______
Ms. Pingree of Maine, from the Committee on Rules, submitted the
following
R E P O R T
[To accompany H. Res. 1559]
The Committee on Rules, having had under consideration
House Resolution 1559, by a nonrecord vote, report the same to
the House with the recommendation that the resolution be
adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for consideration of H.R. 5822, the
``Military Construction and Veterans Affairs and Related
Agencies Appropriations Act, 2011,'' under a structured rule.
The resolution provides 1 hour of general debate equally
divided and controlled by the chair and ranking minority member
of the Committee on Appropriations. The resolution waives all
points of order against consideration of the bill except those
arising under clause 9 or 10 of rule XXI. The resolution
provides that the bill shall be considered as read through page
63, line 4. The resolution waives points of order against
provisions in the bill for failure to comply with clause 2 of
rule XXI.
The resolution makes in order only those amendments printed
in this report. The amendments made in order may be offered
only in the order printed in this report, may be offered only
by a Member designated in this report, shall be considered as
read, shall be debatable for 10 minutes equally divided and
controlled by the proponent and an opponent, and shall not be
subject to a demand for division of the question. All points of
order against the amendments except those arising under clause
9 or 10 of rule XXI are waived. The resolution provides that
for those amendments reported from the Committee of the Whole,
the question of their adoption shall be put to the House en
gros and without division of the question.
The resolution provides one motion to recommit with or
without instructions. The resolution provides that after
consideration of the bill for amendment, the chair and ranking
minority member of the Committee on Appropriations or their
designees each may offer one pro forma amendment to the bill
for the purpose of debate, which shall be controlled by the
proponent. The resolution provides that the Chair may entertain
a motion that the Committee rise only if offered by the chair
of the Committee on Appropriations or his designee. The
resolution provides that the Chair may not entertain a motion
to strike out the enacting words of the bill.
The resolution authorizes the Speaker to entertain motions
that the House suspend the rules at any time through the
calendar day of August 1, 2010. The Speaker or her designee
shall consult with the Minority Leader or his designee on the
designation of any matter for consideration pursuant to this
resolution.
EXPLANATION OF WAIVERS
The waiver of all points of order against consideration of
the bill includes a waiver of Section 306 of the Congressional
Budget Act, prohibiting consideration of legislation within the
jurisdiction of the Committee on the Budget unless reported by,
or discharged from, the Budget Committee. The rule waives
clause 2 of rule XXI (prohibiting unauthorized appropriations
or legislative provisions in an appropriations bill) against
provisions in the bill.
COMMITTEE VOTES
The results of each record vote on an amendment or motion
to report, together with the names of those voting for and
against, are printed below:
Rules Committee record vote No. 472
Date: July 27, 2010.
Measure: H.R. 5822.
Motion by: Mr. Lincoln Diaz-Balart of Florida.
Summary of motion: To report an open rule.
Results: Defeated 3-7.
Vote by Members: Matsui--Nay; Cardoza--Nay; Arcuri--Nay;
Perlmutter--Nay; Pingree--Nay; Polis--Nay; Diaz-Balart, L.--
Yea; Sessions--Yea; Foxx--Yea; Slaughter--Nay.
Rules Committee record vote No. 473
Date: July 27, 2010.
Measure: H.R. 5822.
Motion by: Mr. Sessions.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Djou (HI), #15, which would
restore the Presidential level of funding for the Guam
realignment and to maintain a robust military presence in the
Asia-Pacific region. Funding for the restoration was
reallocated from military construction accounts that were above
the President's request.
Results: Defeated 3-7.
Vote by Members: Matsui--Nay; Cardoza--Nay; Arcuri--Nay;
Perlmutter--Nay; Pingree--Nay; Polis--Nay; Diaz-Balart, L.--
Yea; Sessions--Yea; Foxx--Yea; Slaughter--Nay.
Rules Committee record vote No. 474
Date: July 27, 2010.
Measure: H.R. 5822.
Motion by: Mr. Sessions.
Summary of motion: To make in order and provide appropriate
waivers for an amendment by Rep. Moran (KS), #26, which would
prohibit funding for the VA to forward the names of veterans to
the FBI's National Instant Criminal Background Check System
(NICS)--which prevents individuals from purchasing and
possessing firearms--without a judicial authority first
determining that these individuals pose a danger to themselves
or others. Currently, the VA denies gun ownership rights to
veterans for whom they appoint a fiduciary to assist in
managing their financial affairs, a decision based solely on a
veteran's capacity to manage his or her VA funds and not on
information relevant to a veteran's capacity to own and
purchase firearms.
Results: Defeated 3-7.
Vote by Members: Matsui--Nay; Cardoza--Nay; Arcuri--Nay;
Perlmutter--Nay; Pingree--Nay; Polis--Nay; Diaz-Balart, L.--
Yea; Sessions--Yea; Foxx--Yea; Slaughter--Nay.
SUMMARY OF AMENDMENTS MADE IN ORDER
(Summaries derived from information provided by sponsors.)
1. Holt (NJ): Would instruct the Secretary of Veterans
Affairs to set aside at least $20 million for suicide outreach
prevention via direct advertising and the use of online social
media. (10 minutes)
2. Buyer (IN): Would provide $10 million to fund additional
professional level VA Vocational Rehabilitation and Employment
counselors. (10 minutes)
3. Buyer (IN): Would provide $162,734,000 of the amounts
appropriated for Department of Veterans Affairs (VA) Minor
Construction for renewable energy projects at VA medical
facility campuses. (10 minutes)
4. Buyer (IN): Would provide $10 million to fund the second
year of the VA-US Paralympics Adaptive Sports Program for
disabled veterans. (10 minutes)
5. Cuellar (TX): Would prohibit first class travel under
this Act. (10 minutes)
6. Flake, Jeff (AZ): Would prohibit funding for all of the
member-requested earmarks for military construction projects.
(10 minutes)
7. Hill (IN): Would decrease the Veteran's Administration
General Operating Expense account by $100,000, then increase it
by $100,000, for the purpose of directing the VA to examine its
practices in how it accounts for returned Post-9/11 GI Benefit
payments from either a veteran or an institute of higher
learning, and for the purpose of directing the VA to issue a
report to Congress no later than Jan. 1, 2011, on any changes
made or planned to be made to increase efficiency and
timeliness of accounting for returned payments. (10 minutes)
8. Gingrey (GA): Would prohibit funds under the Act from
being used to exercise the power of eminent domain without
payment of just compensation. (10 minutes)
9. Gingrey (GA): Would prohibit any funds appropriated or
otherwise made available to the Department of Defense under
this Act to be used to renovate or construct any facility
within the Continental United States for the purpose of housing
any individual who has been detained, at any time after
September 11, 2001, at United States Naval Station, Guantanamo
Bay, Cuba. (10 minutes)
10. Halvorson (IL): Would subtract $10,000,000 from General
Operating Expenses and will add $10,000,000 to Major
Construction Projects. (10 minutes)
11. Bilirakis (FL): Would require the Veterans
Administration to acquire and construct up to four long-term
care residential brain injury medical facilities. (10 minutes)
12. Peters (MI): Would decrease the Veteran's
Administration General Operating Expense account by $50,000,
then increase it by $50,000, for the purpose of directing the
VA to implement a program that would re-label prescription
drugs used in VA hospitals to be sent home with discharged
patients for outpatient use. Currently, veterans often have to
go right to the pharmacy to refill what was discarded. (10
minutes)
13. Peters (MI): Would decrease the Veteran's
Administration General Operating Expense account by $150,000,
then increase it by $150,000, for the purpose of directing the
VA to create a program to review all contracts after every 90
day period of inactivity to determine if the funds obligated
for the contract could be deobligated and returned to the
account from which the funds were obligated to be put to better
use. (10 minutes)
14. Garrett (NJ), Adler (NJ), Lance (NJ): Would increase
funding for the Grants for Construction of State Veterans
Cemeteries account by $7,000,000 and decrease funding for the
Grants for Construction, Minor Projects account by $7,000,000.
(10 minutes)
TEXT OF AMENDMENTS TO BE MADE IN ORDER
1. An Amendment To Be Offered by Representative Holt, of New Jersey or
His Designee, Debatable for 10 Minutes
Page 33, line 15, after the dollar amount, insert
``(reduced by $20,000,000) (increased by $20,000,000)''.
----------
2. An Amendment To Be Offered by Representative Buyer, of Indiana or
His Designee, Debatable for 10 Minutes
Page 34, line 7, before the period at the end insert the
following: ``: Provided further, That of the funds made
available under this heading, $10,000,000 shall be available to
increase the number of Department of Veterans Affairs employees
who administer benefits under chapter 31 of title 38, United
States Code''.
----------
3. An Amendment To Be Offered by Representative Buyer, of Indiana or
His Designee, Debatable for 10 Minutes
Page 38, line 18, before the period insert the following: ``:
Provided further, That of the funds made available under this
heading, $162,734,000 shall be for renewable energy projects at
Department of Veterans Affairs medical facility campuses
pursuant to section 8103 of title 38, United States Code''.
----------
4. An Amendment To Be Offered by Representative Buyer, of Indiana or
His Designee, Debatable for 10 Minutes
Page 34, line 7, before the period at the end insert the
following: ``: Provided further, That of the funds made
available under this heading, $8,000,000 shall be available to
fund the adaptive sports grant program under section 521A of
title 38, United States Code, and $2,000,000 shall be available
to carry out section 322 of title 38, United States Code''.
----------
5. An Amendment To Be Offered by Representative Cuellar, of Texas or
His Designee, Debatable for 10 Minutes
At the end of the bill (before the short title), add the
following new section:
Sec. 5__. None of the funds appropriated or otherwise made
available in this Act may be used by an agency of the executive
branch to pay for first-class travel by an employee of the
agency in contravention of sections 301-10.122 through 301-
10.124 of title 41, Code of Federal Regulations.
----------
6. An Amendment To Be Offered By Representative Flake, of Arizona or
His Designee, Debatable for 10 Minutes
At the end of the bill (before the short title), insert the
following:
Sec. __. None of the funds provided in this Act shall be
available from the following Department of Defense military
construction accounts for the following projects:
----------------------------------------------------------------------------------------------------------------
Account Location Project Amount
----------------------------------------------------------------------------------------------------------------
Army................................... Alabama: Fort Rucker..... Emergency Medical $1,700,000
Services Facility.
Air Force.............................. Alabama: Maxwell AFB..... Air Traffic Control Tower $810,000
Defense-Wide........................... Arizona: Marana.......... SOF Parachute Training $6,250,000
Facility.
Army NG................................ Arkansas: Camp Robinson.. Regional Training $2,334,000
Institute, Ph 2.
Navy................................... California: Coronado NAB. MESG-1 Consolidated Boat $6,890,000
Maintenance Facility.
Air Force.............................. California: Los Angeles Parking Structure, Ph 2.. $4,500,000
AFB.
Air NG................................. California: Moffett Field Relocate Main Gate....... $2,000,000
Navy................................... California: Monterey NSA. International Academic $11,960,000
Instruction Building.
Army NG................................ California: Sacramento... Field Maintenance Shop $891,000
Paving.
Air Force.............................. California: Travis AFB... BCE Maintenance Shops and $387,000
Supply Warehouse.
Army NG................................ California: Ventura...... Renewable Photovoltaic $1,466,000
Solar Power.
Air NG................................. Colorado: Buckley AFB.... Repair Taxiways Juliet $4,000,000
and Lima.
Army NG................................ Colorado: Watkins........ Parachute Maintenance $3,569,000
Facility.
Navy................................... Connecticut: New London Submarine Group Two $550,000
NSB. Headquarters.
Air Force.............................. Florida: MacDill AFB..... Infrastructure $249,000
Improvements.
Navy................................... Florida: Panama City NSA. Land Acquisition-9 Acres. $5,960,000
Navy................................... Georgia: Albany MCLB..... Maintenance Center Test $5,180,000
Firing Range.
Air Force.............................. Georgia: Robins AFB...... Combat Communications $5,500,000
Squadron Warehouse.
Army NG................................ Illinois: Marseilles Simulation Center........ $2,500,000
Training Area.
Air Force.............................. Illinois: Scott AFB...... New Fitness Facility, Ph $396,000
1.
Navy................................... Indiana: Crane NSWC...... Platform Protection $760,000
Engineering Complex.
Army NG................................ Iowa: Camp Dodge......... Regional Training $800,000
Institute, Ph 1.
Air NG................................. Iowa: Des Moines......... Corrosion Control Hangar. $4,750,000
Army NG................................ Iowa: Iowa City.......... Simulation Center/MVSB/ $1,999,000
Helipad/Parking.
Army NG................................ Kentucky: Frankfort...... Joint Forces $281,000
Headquarters, Ph 1.
Air NG................................. Kentucky: Standiford Contingency Response $534,000
Field. Group Facility.
Air NG................................. Louisiana: New Orleans ASA Replace Alert Complex $2,000,000
NAS/JRB.
Navy................................... Maine: Portsmouth NSY.... Consolidation of $11,910,000
Structural Shops, Ph 1.
Army NG................................ Maryland: Easton......... Readiness Center Add/Alt. $347,000
Army................................... Maryland: Fort Meade..... Infrastructure-Mapes Road $1,750,000
& Cooper Avenue.
Navy................................... Maryland: Patuxent River Atlantic Test Range $10,160,000
NAS. Addition.
Air NG................................. Massachusetts: Barnes Add to Aircraft $6,000,000
ANGB. Maintenance Hangar.
Army NG................................ Michigan: Fort Custer Troop Service Support $446,000
(Augusta). Center.
Air NG................................. Minnesota: Duluth........ Load Crew Training & $8,000,000
Weapons Release Shops.
Army NG................................ Minnesota: Mankato....... Field Maintenance Shop... $947,000
Defense-Wide........................... Mississippi: Stennis SOF Land Acquisition, Ph $8,000,000
Space Center. 3.
Air Force.............................. Missouri: Whiteman AFB... Consolidated Air $23,500,000
Operations Facility.
Army NG................................ Nevada: Las Vegas........ Civil Support Team Ready $8,771,000
Building.
Air NG................................. New Jersey: Atlantic City Fuel Cell and Corrosion $8,500,000
IAP. Control Hangar.
Army Reserve........................... New Jersey: Fort Dix..... Automated Multipurpose $9,800,000
Machine Gun Range.
Air Force.............................. New Mexico: Holloman AFB. Parallel Taxiway, Runway $8,000,000
07/25.
Air Force.............................. New Mexico: Kirtland AFB. Replace Fire Station 3... $6,800,000
Army................................... New York: Fort Drum...... Alert Holding Area $6,700,000
Facility.
Air Reserve............................ New York: Niagara Falls C-130 Flightline $9,500,000
ARS. Operations Facility, Ph
1.
Army NG................................ New York: Ronkonkoma Flightline Rehabilitation $2,780,000
(MacArthur Airport).
Air NG................................. New York: Stewart ANGB... Aircraft Conversion $3,750,000
Facility.
Army NG................................ North Carolina: Camp Barracks (AT), Ph 1...... $1,484,000
Butner.
Army NG................................ North Carolina: AASF 1 Fixed Wing Hangar $8,815,000
Morrisville. Annex.
Army NG................................ North Carolina: Murphy... Fire Fighting Team $223,000
Support Facility.
Air Force.............................. North Carolina: Pope AFB. Crash/Fire/ Rescue $13,500,000
Station.
Air Force.............................. North Dakota: Grand Forks Central Deployment Center $495,000
AFB.
Army NG................................ Ohio: Camp Sherman....... Maintenance Building Add/ $3,100,000
Alt.
Army NG................................ Ohio: Ravenna Training Unit Training Equipment $2,000,000
Site. Site Add/Alt.
Air NG................................. Ohio: Toledo Express Replace Security Forces $7,300,000
Airport. Complex.
Defense-Wide........................... Oklahoma: Tulsa IAP...... Fuels Storage Complex.... $1,036,000
Army NG................................ Oregon: Salem............ Armed Forces Reserve $1,243,000
Center Add/Alt (JFHQ).
Air NG................................. Pennsylvania: Fort Multipurpose Air National $675,000
Indiantown Gap. Guard Training Facility.
Army NG................................ Pennsylvania: Hermitage.. Readiness Center......... $671,000
Army NG................................ Pennsylvania: Tobyhanna.. Armed Forces Reserve $1,513,000
Center.
Army NG................................ Pennsylvania: Field Maintenance Shop... $1,508,000
Williamsport.
Army NG................................ Rhode Island: Middletown. Readiness Center Add/Alt. $3,646,000
Army NG................................ Rhode Island: Quonset Readiness Center......... $3,729,000
Point.
Air NG................................. South Carolina: McEntire Replace Operations and $9,100,000
JRB. Training Facility.
Air NG................................. South Dakota: Joe Foss Aircraft Maintenance $3,600,000
Field. Shops.
Air Force.............................. Tennessee: Arnold AFB.... AEDC Power Distribution $378,000
Modernization.
Army................................... Texas: Corpus Christi Rotor Blade Processing $13,400,000
Depot. Facility, Ph 2.
Army................................... Texas: Fort Bliss........ Alternative Energy $1,166,000
Projects.
Army................................... Texas: Fort Bliss........ Rail Yard Improvements... $2,070,000
Army................................... Texas: Fort Hood......... Soldier Readiness $1,000,000
Processing Center.
Navy................................... Texas: Kingsville NAS.... Youth Center............. $2,610,000
Air Force.............................. Texas: Lackland AFB...... Consolidated Security $900,000
Forces Ops Center, Ph 1.
Air Force.............................. Texas: Laughlin AFB...... Community Event Complex.. $10,500,000
Army NG................................ Texas: Laredo............ Receiving, Staging, & $475,000
Onward Integration
Facility/Hangar.
Army NG................................ Texas: McLennan County... Operational Reserve $5,000,000
Headquarters.
Army NG................................ Texas: South Texas Cantonment and Support $5,000,000
Training Center. Infrastructure.
Army................................... Virginia: Fort Belvoir... Growth Support $3,060,000
Infrastructure.
Air Force.............................. Virginia: Langley AFB.... Clear Zone Land $3,000,000
Acquisition, Ph 1.
Defense-Wide........................... Washington: Fort Lewis... SOF Military Working Dog $4,700,000
Kennel.
Navy................................... Washington: Kitsap NB.... Charleston Gate ECP $6,150,000
Improvements.
Army NG................................ West Virginia: Bridgeport FWAATS Apron Expansion... $2,000,000
Army NG................................ West Virginia: Bridgeport FWAATS Expansion......... $2,000,000
Army NG................................ West Virginia: Glen Jean. Emergency Power Generator $1,500,000
Army NG................................ Wisconsin: Wausau........ Field Maintenance Shop... $12,008,000
Army NG................................ Guam: Barrigada.......... Joint Forces HQ Readiness $778,000
Center Add/Alt.
----------------------------------------------------------------------------------------------------------------
7. An Amendment To Be Offered By Representative Hill, of Indiana or His
Designee, Debatable for 10 Minutes
Page 33, line 15, after the dollar amount, insert ``(reduced
by $100,000) (increased by $100,000)''.
----------
8. An Amendment To Be Offered By Representative Phil Gingrey, of
Georgia or His Designee, Debatable for 10 Minutes
At the end of the bill (before the short title), add the
following new section:
Sec. 5__. None of the funds appropriated or otherwise made
available in this Act may be used by an agency of the executive
branch to exercise the power of eminent domain (to take private
property for public use) without the payment of just
compensation.
----------
9. An Amendment To Be Offered By Representative Phil Gingrey, of
Georgia or His Designee, Debatable for 10 Minutes
At the end of the bill (before the short title) insert the
following:
Sec. __. None of the funds appropriated or otherwise made
available to the Department of Defense in this Act may be used
to renovate or construct any facility in the continental United
States for the purpose of housing any individual who has been
detained, at any time after September 11, 2001, at United
States Naval Station, Guantanamo Bay, Cuba.
----------
10. An Amendment To Be Offered By Representative Halvorson, of Illinois
or Her Designee, Debatable for 10 Minutes
Page 33, line 15, after the dollar amount, insert
``(reduced by $10,000,000)''.
Page 36, line 11, after the dollar amount, insert
``(increased by $10,000,000)''.
----------
11. An Amendment To Be Offered by Representative Bilirakis, of Florida
or His Designee, Debatable for 10 Minutes
Page 38, line 18, before the period insert the following: ``:
Provided further, That of the funds made available under this
heading, $9,500,000 shall be for the acquisition, construction,
and alteration of up to four post-acute long-term care
residential brain injury medical facilities pursuant to section
8103 of title 38, United States Code''.
----------
12. An Amendment To Be Offered by Representative Peters, of Michigan or
His Designee, Debatable for 10 Minutes
Page 33, line 15, after the dollar amount, insert the
following: ``(reduced by $50,000) (increased by $50,000)''.
----------
13. An Amendment To Be Offered by Representative Peters, of Michigan or
His Designee, Debatable for 10 Minutes
----------
Page 33, line 15, after the dollar amount, insert ``(reduced
by $150,000) (increased by $150,000)''.
----------
14. An Amendment To Be Offered by Representative Scott Garrett, of New
Jersey or His Designee, Debatable for 10 Minutes
Page 38, line 7, after the dollar amount, insert the
following: ``(decreased by $7,000,000)''.
Page 39, line 8, after the dollar amount, insert the
following: ``(increased by $7,000,000)''.