To propose a substitute.

MILITARY CONSTRUCTION AND VETERANS AFFAIRS AND RELATED AGENCIES
APPROPRIATIONS ACT, 2007

Mrs. HUTCHISON. Madam President, I ask unanimous consent that the
Senate proceed to the immediate consideration of H.R. 5385, the
Military Construction and Veterans Affairs and related agencies
appropriations bill for 2007. I further ask consent that the committee-
reported substitute be agreed to as original text for the purpose of
further amendment, with no points of order waived by virtue of this
agreement.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
The clerk will report the bill by title.
The legislative clerk read as follows:

A bill (H.R. 5385) making appropriations for military
quality of life functions of the Department of Defense,
military construction, the Department of Veterans Affairs,
and related agencies for the fiscal year ending September 30,
2007, and for other purposes.

The Senate proceeded to consider the bill, which had been reported
from the Committee on Appropriations, with an amendment to strike all
after the enacting clause and insert in lieu thereof the following:

That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for military
construction, the Department of Veterans Affairs, and related
agencies for the fiscal year ending September 30, 2007, and
for other purposes, namely:

TITLE I

DEPARTMENT OF DEFENSE

Military Construction, Army

(including rescissions of funds)

For acquisition, construction, installation, and equipment
of temporary or permanent public works, military
installations, facilities, and real property for the Army as
currently authorized by law, including personnel in the Army
Corps of Engineers and other personal services necessary for
the purposes of this appropriation, and for construction and
operation of facilities in support of the functions of the
Commander in Chief, $2,172,622,000, to remain available until
September 30, 2011: Provided, That of this amount, not to
exceed $199,540,000 shall be available for study, planning,
design, architect and engineer services, and host nation
support, as authorized by law, unless the Secretary of
Defense determines that additional obligations are necessary
for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the
determination and the reasons therefor: Provided further,
That of the funds appropriated for ``Military Construction,
Army'' under Public Law 109-114, $43,348,000 are hereby
rescinded: Provided further, That of the funds appropriated
for ``Military Construction, Army'' under Public Law 109-13,
$125,800,000 are hereby rescinded: Provided further, That of
the amount provided under this heading, $34,800,000 is
designated as an emergency requirement pursuant to section
402 of S. Con. Res. 83 (109th Congress), the concurrent
resolution on the budget for fiscal year 2007, as made
applicable in the Senate by section 7035 of Public Law 109-
234.

Military Construction, Navy and Marine Corps

(INCLUDING RESCISSIONS OF FUNDS)

For acquisition, construction, installation, and equipment
of temporary or permanent public works, naval installations,
facilities, and real property for the Navy and Marine Corps
as currently authorized by law, including personnel in the
Naval Facilities Engineering Command and other personal
services necessary for the purposes of this appropriation,
$1,238,065,000, to remain available until September 30, 2011:
Provided, That of this amount, not to exceed $71,626,000
shall be available for study, planning, design, and architect
and engineer services, as authorized by law, unless the
Secretary of Defense determines that additional obligations
are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of the
determination and the reasons therefor: Provided further,
That of the funds appropriated for ``Military Construction,
Navy and Marine Corps'' under Public Law 108-132, $30,000,000
are hereby rescinded: Provided further, That of the funds
appropriated for ``Military Construction, Navy and Marine
Corps'' under Public Law 108-324, $8,000,000 are hereby
rescinded.

Military Construction, Air Force

(INCLUDING RESCISSIONS OF FUNDS)

For acquisition, construction, installation, and equipment
of temporary or permanent public works, military
installations, facilities, and real property for the Air
Force as currently authorized by law, $1,214,885,000, to
remain available until September 30, 2011: Provided, That of
this amount, not to exceed $71,381,000 shall be available for
study, planning, design, and architect and engineer services,
as authorized by law, unless the Secretary of Defense
determines that additional obligations are necessary for such
purposes and notifies the Committees on Appropriations of
both Houses of Congress of the determination and the reasons
therefor: Provided further, That of the funds appropriated
for ``Military Construction, Air Force'' under Public Law
108-324, $2,694,000 are hereby rescinded: Provided further,
That of the funds appropriated for ``Military Construction,
Air Force'' under Public Law 109-114, $19,816,000 are hereby
rescinded: Provided further, That of the funds appropriated
for ``Military Construction, Air Force'' under Public Law
109-13, $10,800,000 are hereby rescinded.

Military Construction, Defense-Wide

(INCLUDING RESCISSIONS AND TRANSFER OF FUNDS)

For acquisition, construction, installation, and equipment
of temporary or permanent public works, installations,
facilities, and real property for activities and agencies of
the Department of Defense (other than the military
departments), as currently authorized by law, $1,162,281,000,
to remain available until September 30, 2011: Provided, That
such amounts of this appropriation as may be determined by
the Secretary of Defense may be transferred to such
appropriations of the Department of Defense available for
military construction or family housing as the Secretary may
designate, to be merged with and to be available for the same
purposes, and for the same time period, as the appropriation
or fund to which transferred: Provided further, That of the
amount appropriated, not to exceed $172,150,000 shall be
available for study, planning, design, and architect and
engineer services, as authorized by law, unless the Secretary
of Defense determines that additional obligations are
necessary for such purposes and notifies the Committees on
Appropriations of both Houses of Congress of the
determination and the reasons therefor: Provided further,
That of the funds appropriated for ``Military Construction,
Defense-Wide'' under Public Law 108-132, $9,000,000 are
hereby rescinded: Provided further, That of the funds
appropriated for ``Military Construction, Defense-Wide''
under Public Law 108-324, $43,000,000 are hereby
rescinded: Provided further, That of the funds
appropriated for ``Military Construction, Defense-Wide''
under Public Law 109-114, $72,065,000 are hereby
rescinded: Provided further, That of the amount provided
under this heading, $100,886,000 is designated as an
emergency requirement pursuant to section 402 of S. Con.
Res. 83 (109th Congress), the concurrent resolution on the
budget for fiscal year 2007, as made applicable in the
Senate by section 7035 of Public Law 109-234.

Military Construction, Army National Guard

(INCLUDING RESCISSION OF FUNDS)

For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Army National Guard, and contributions
therefore, as

[[Page S10849]]

authorized by chapter 1803 of title 10, United States Code,
and Military Construction Authorization Acts; $539,804,000,
to remain available until September 30, 2011: Provided, That
of the funds appropriated for Military Construction, Army
National Guard'' under Public Law 109-114, $2,129,000 are
hereby rescinded.

Military Construction, Air National Guard

For construction, acquisition; expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Air National Guard, and contributions
therefore, as authorized by chapter 1803 of title 10, United
States Code, and Military Construction Authorization Acts,
$252,834,000, to remain available until September 30, 2011.

Military Construction, Army Reserve

For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Army Reserve as authorized by chapter
1803 of title 10, United States Code, and Military
Construction Authorization Acts, $191,450,000, to remain
available until September 30, 2011.

Military Construction, Navy Reserve

For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the reserve components of the Navy and
Marine Corps as authorized by chapter 1803 of title 10,
United States Code, and Military Construction Authorization
Acts, $48,408,000, to remain available until September 30,
2011.

Military Construction, Air Force Reserve

For construction, acquisition, expansion, rehabilitation,
and conversion of facilities for the training and
administration of the Air Force Reserve as authorized by
chapter 1803 of title 10, United States Code, and Military
Construction Authorization Acts, $44,936,000, to remain
available until September 30, 2011.

North Atlantic Treaty Organization

SECURITY INVESTMENT PROGRAM

For the United States share of the cost of the North
Atlantic Treaty Organization Security Investment Program for
the acquisition and construction of military facilities and
installations (including international military headquarters)
and for related expenses for the collective defense of the
North Atlantic Treaty Area as authorized by section 2806 of
title 10, United States Code, and Military Construction
Authorization Acts, $205,985,000, to remain available until
expended.

Family Housing Construction, Army

For expenses of family housing for the Army for
construction, including acquisition, replacement, addition,
expansion, extension, and alteration, as authorized by law,
$578,791,000, to remain available until September 30, 2011.

Family Housing Operation and Maintenance, Army

For expenses of family housing for the Army for operation
and maintenance, including debt payment, leasing, minor
construction, principal and interest charges, and insurance
premiums, as authorized by law, $675,617,000.

Family Housing Construction, Navy and Marine Corps

For expenses of family housing for the Navy and Marine
Corps for construction, including acquisition, replacement,
addition, expansion, extension, and alteration, as authorized
by law, $305,071,000, to remain available until September 30,
2011.

Family Housing Operation and Maintenance, Navy and Marine Corps

For expenses of family housing for the Navy and Marine
Corps for operation and maintenance, including debt payment,
leasing, minor construction, principal and interest charges,
and insurance premiums, as authorized by law, $498,525,000.

Family Housing Construction, Air Force

(INCLUDING RESCISSIONS OF FUNDS)

For expenses of family housing for the Air Force for
construction, including acquisition, replacement, addition,
expansion, extension, and alteration, as authorized by law,
$1,182,138,000, to remain available until September 30, 2011:
Provided, That of the funds appropriated for ``Family Housing
Construction, Air Force'' under Public Law 108-324,
$23,400,000 are hereby rescinded: Provided further, That of
the funds appropriated for ``Family Housing Construction, Air
Force'' under Public Law 109-114, $42,800,000 are hereby
rescinded.

Family Housing Operation and Maintenance, Air Force

For expenses of family housing for the Air Force for
operation and maintenance, including debt payment, leasing,
minor construction, principal and interest charges, and
authorized by law, insurance premiums, as $755,071,000.

Family Housing Construction, Defense-Wide

For expenses of family housing for the activities and
agencies of the Department of Defense (other than the
military departments) for construction, including
acquisition, replacement, addition, expansion, extension, and
alteration, as authorized by law, $8,808,000, to remain
available until September 30, 2011.

Family Housing Operation and Maintenance, Defense-Wide

For expenses of family housing for the activities and
agencies of the Departrnent of Defense (other than the
military departments) for operation and maintenance, leasing,
and minor construction, as authorized by law, $48,506,000.

Department of Defense Family Housing Improvement Fund

For the Department of Defense Family Housing Improvement
Fund, $2,500,000, to remain available until expended, for
family housing initiatives undertaken pursuant to section
2883 of title 10, United States Code, providing alternative
means of acquiring and improving military family housing and
supporting facilities.

Chemical Demilitarization Construction, Defense-Wide

For expenses of construction, not otherwise provided for,
necessary for the destruction of the United States stock-pile
of lethal chemical agents and munitions in accordance with
section 1412 of the Department of Defense Authorization Act,
1986 (50 U.S.C. 1521), and for the destruction of other
chemical warfare materials that are not in the chemical
weapon stockpile, as currently authorized by law,
$140,993,000, to remain available until September 30, 2011,
which shall be only for the Assembled Chemical Weapons
Alternatives program.

Department of Defense Base Closure Account 1990

For deposit into the Department of Defense Base Closure
Account 1990, established by section 2906(a)(1) of the
Defense Base Closure and Realignment Act of 1990 (10 U.S.C.
2687 note), $191,220,000, to remain available until
expended.

Department of Defense Base Closure Account 2005

For deposit into the Department of Defense Base Closure
Account 2005, established by section 2906A(a)(1) of the
Defense Base Closure and Realignment Act of 1990 (10 U.S.C.
2687 note), $5,237,100,000, to remain available until
expended.

Administrative Provisions

Sec. 101. None of the funds made available in this title
shall be expended for payments under a cost-plus-a-fixed-fee
contract for construction, where cost estimates exceed
$25,000, to be performed within the United States, except
Alaska, without the specific approval in writing of the
Secretary of Defense setting forth the reasons therefor.
Sec. 102. Funds made available in this title for
construction shall be available for hire of passenger motor
vehicles.
Sec. 103. Funds made available in this title for
construction may be used for advances to the Federal Highway
Administration, Department of Transportation, for the
construction of access roads as authorized by section 210 of
title 23, United States Code, when projects authorized
therein are certified as important to the national defense by
the Secretary of Defense.
Sec. 104. None of the funds made available in this title
may be used to begin construction of new bases in the United
States for which specific appropriations have not been made.
Sec. 105. None of the funds made available in this title
shall be used for purchase of land or land easements in
excess of 100 percent of the value as determined by the Army
Corps of Engineers or the Naval Facilities Engineering
Command, except: (1) where there is a determination of value
by a Federal court; (2) purchases negotiated by the Attorney
General or the designee of the Attorney General; (3) where
the estimated value is less than $25,000; or (4) as otherwise
determined by the Secretary of Defense to be in the public
interest.
Sec. 106. None of the funds made available in this title
shall be used to: (1) acquire land; (2) provide for site
preparation; or (3) install utilities for any family housing,
except housing for which funds have been made available in
annual Acts making appropriations for military construction.
Sec. 107. None of the funds made available in this title
for minor construction may be used to transfer or relocate
any activity from one base or installation to another,
without prior notification to the Committees on
Appropriations of both Houses of Congress.
Sec. 108. None of the funds made available in this title
may be used for the procurement of steel for any construction
project or activity for which American steel producers,
fabricators, and manufacturers have been denied the
opportunity to compete for such steel procurement.
Sec. 109. None of the funds available to the Department of
Defense for military construction or family housing during
the current fiscal year may be used to pay real property
taxes in any foreign nation.
Sec. 110. None of the funds made available in this title
may be used to initiate a new installation overseas without
prior notification to the Committees on Appropriations of
both Houses of Congress.
Sec. 111. None of the funds made available in this title
may be obligated for architect and engineer contracts
estimated by the Government to exceed $500,000 for projects
to be accomplished in Japan, in any North Atlantic Treaty
Organization member country, or in countries bordering the
Arabian Sea if that country has not increased its defense
spending by at least 3 percent in calendar year 2005, unless
such contracts are awarded to United States firms or United
States firms in joint venture with host nation firms.
Sec. 112. None of the funds made available in this title
for military construction in the United States territories
and possessions in the Pacific and on Kwajalein Atoll, or in
countries bordering the Arabian Sea, may be used to award any
contract estimated by the Government to exceed $1,000,000 to
a foreign contractor: Provided, That this section shall not
be applicable to contract awards for which the lowest
responsive and responsible bid of a United States contractor
exceeds the lowest responsive and responsible bid of a
foreign contractor by greater than 20 percent: Provided
further, That this section shall not apply to contract awards
for military construction on Kwajalein Atoll for which the
lowest responsive and responsible bid is submitted by a
Marshallese contractor.
Sec. 113. The Secretary of Defense is to inform the
appropriate committees of both Houses of

[[Page S10850]]

Congress, including the Committees on Appropriations, of the
plans and scope of any proposed military exercise involving
United States personnel 30 days prior to its occurring, if
amounts expended for construction, either temporary or
permanent, are anticipated to exceed $750,000.
Sec. 114. Not more than 20 percent of the funds made
available in this title which are limited for obligation
during the current fiscal year shall be obligated during the
last two months of the fiscal year.

(INCLUDING TRANSFER OF FUNDS)

Sec. 115. Funds appropriated to the Department of Defense
for construction in prior years shall be available for
construction authorized for each such military department by
the authorizations enacted into law during the current
session of Congress.
Sec. 116. For military construction or family housing
projects that are being completed with funds otherwise
expired or lapsed for obligation, expired or lapsed funds may
be used to pay the cost of associated supervision,
inspection, overhead, engineering and design on those
projects and on subsequent claims, if any.
Sec. 117. Notwithstanding any other provision of law, any
funds made available to a military department or defense
agency for the construction of military projects may be
obligated for a military construction project or contract, or
for any portion of such a project or contract, at any time
before the end of the fourth fiscal year after the fiscal
year for which funds for such project were made available, if
the funds obligated for such project: (1) are obligated from
funds available for military construction projects; and (2)
do not exceed the amount appropriated for such project, plus
any amount by which the cost of such project is increased
pursuant to law.
Sec. 118. (a) Not later than December 1, 2006, the
Secretary of Defense, in consultation with the Secretary of
State, shall submit to the Committees on Appropriations of
both Houses of Congress a report on actions taken by the
Department of Defense and the Department of State during the
previous fiscal year to encourage host countries to assume a
greater share of the common defense burden of such countries
and the United States.
(b) The report under subsection (a) shall include a
description of--
(1) attempts to secure cash and in-kind contributions from
host countries for military construction projects;
(2) attempts to achieve economic incentives offered by host
countries to encourage private investment for the benefit of
the United States Armed Forces;
(3) attempts to recover funds due to be paid to the United
States by host countries for assets deeded or otherwise
imparted to host countries upon the cessation of United
States operations at military installations;
(4) the amount spent by host countries on defense, in
dollars and in terms of the percent of gross domestic product
(GDP) of the host country; and
(5) for host countries that are members of the North
Atlantic Treaty Organization (NATO), the amount contributed
to NATO by host countries, in dollars and in terms of the
percent of the total NATO budget.
(c) In this section, the term ``host country'' means other
member countries of NATO, Japan, South Korea, and United
States allies bordering the Arabian Sea.

(INCLUDING TRANSFER OF FUNDS)

Sec. 119. In addition to any other transfer authority
available to the Department of Defense, proceeds deposited to
the Department of Defense Base Closure Account established by
section 207(a)(1) of the Defense Authorization Amendments and
Base Closure and Realignment Act (10 U.S.C. 2687 note)
pursuant to section 207(a)(2)(C) of such Act, may be
transferred to the account established by section 2906(a)(1)
of the Defense Base Closure and Realignment Act of 1990 (10
U.S.C. 2687 note), to be merged with, and to be available for
the same purposes and the same time period as that account.

(INCLUDING TRANSFER OF FUNDS)

Sec. 120. Subject to 30 days prior notification to the
Committees on Appropriations of both Houses of Congress, such
additional amounts as may be determined by the Secretary of
Defense may be transferred to: (1) the Department of Defense
Family Housing Improvement Fund from amounts appropriated for
construction in ``Family Housing'' accounts, to be merged
with and to be available for the same purposes and for the
same period of time as amounts appropriated directly to the
Fund; or (2) the Department of Defense Military Unaccompanied
Housing Improvement Fund from amounts appropriated for
construction of military unaccompanied housing in ``Military
Construction'' accounts, to be merged with and to be
available for the same purposes and for the same period of
time as amounts appropriated directly to the Fund: Provided,
That appropriations made available to the Funds shall be
available to cover the costs, as defined in section 502(5) of
the Congressional Budget Act of 1974, of direct loans or loan
guarantees issued by the Department of Defense pursuant to
the provisions of subchapter IV of chapter 169 of title 10,
United States Code, pertaining to alternative means of
acquiring and improving military family housing, military
unaccompanied housing, and supporting facilities.
Sec. 121. (a) Not later than 60 days before issuing any
solicitation for a contract with the private sector for
military family housing the Secretary of the military
department concerned shall submit to the Committees on
Appropriations of both Houses of Congress the notice
described in subsection (b).
(b)(1) A notice referred to in subsection (a) is a notice
of any guarantee (including the making of mortgage or rental
payments) proposed to be made by the Secretary to the private
party under the contract involved in the event of--
(A) the closure or realignment of the installation for
which housing is provided under the contract;
(B) a reduction in force of units stationed at
installation; or
(C) the extended deployment overseas of units stationed at
such installation.
(2) Each notice under this subsection shall specify the
nature of the guarantee involved and assess the extent and
likelihood, if any, of the liability of the Federal
Government with respect to the guarantee.

(INCLUDING TRANSFER OF FUNDS)

Sec. 122. In addition to any other transfer authority to
the Department of Defense, amounts may be transferred from
the accounts established by sections 2906(a)(1) and
2906A(a)(1) of the Defense Base Closure and Realignment Act
of 1990 (10 U.S.C. 2687 note), to the fund established by
section 1013(d) of the Demonstration Cities and Metropolitan
Development Act of 1966 (42 U.S.C. 3374) to pay for expenses
associated with the Homeowners Assistance Program. Any
amounts transferred shall be merged with and be available for
the same purposes and for the same time period as the fund to
which transferred.
Sec. 123. Notwithstanding this or any other provision of
law, funds made available in this title for operation and
maintenance of family housing shall be the exclusive source
of funds for repair and maintenance of all family housing
units, including general or flag officer quarters: Provided,
That not more than $35,000 per unit may be spent annually for
the maintenance and repair of any general or flag officer
quarters without 30 days prior notification to the Committees
on Appropriations of both Houses of Congress, except that an
after-the-fact notification shall be submitted if the
limitation is exceeded solely due to costs associated with
environmental remediation that could not be reasonably
anticipated at the time of the budget submission: Provided
further, That the Under Secretary of Defense (Comptroller) is
to report annually to the Committees on Appropriations of
both Houses of Congress all operation and maintenance
expenditures for each individual general or flag officer
quarters for the prior fiscal year: Provided further, That
nothing in this section precludes the Secretary of a military
department, after notifying the congressional defense
committees and waiting 21 days, from using funds derived
under section 2601, chapter 403, chapter 603, or chapter 903
of title 10, United States Code, for the maintenance or
repair of general and flag officer quarters at the military
service academy under the jurisdiction of that Secretary:
Provided further, That each Secretary of a military
department shall provide an annual report by February 15 to
the congressional defense committees on the amount of funds
that were derived under section 2601, chapter 403, chapter
603, or chapter 903 of title 10, United States Code, in
the previous year and were obligated for the construction,
improvement, repair, or maintenance of any military
facility or infrastructure.
Sec. 124. Amounts contained in the Ford Island Improvement
Account established by subsection (h) of section 2814 of
title 10, United States Code, are appropriated and shall be
available until expended for the purposes specified in
subsection (i)(1) of such section or until transferred
pursuant to subsection (i)(3) of such section.

(INCLUDING TRANSFER OF FUNDS)

Sec. 125. None of the funds made available in this title,
or in any Act making appropriations for military construction
which remain available for obligation, may be obligated or
expended to carry out a military construction, land
acquisition, or family housing project at or for a military
installation approved for closure, or at a military
installation for the purposes of supporting a function that
has been approved for realignment to another installation, in
2005 under the Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C.
2687 note), unless such a project at a military installation
approved for realignment will support a continuing mission or
function at that installation or a new mission or function
that is planned for that installation, or unless the
Secretary of Defense certifies that the cost to the United
States of carrying out such project would be less than the
cost to the United States of cancelling such project, or if
the project is at an active component base that shall be
established as an enclave or in the case of projects having
multi-agency use, that another Government agency has
indicated it will assume ownership of the completed project.
The Secretary of Defense may not transfer funds made
available as a result of this limitation from any military
construction project, land acquisition, or family housing
project to another account or use such funds for another
purpose or project without the prior approval of the
Committees on Appropriations of both Houses of Congress. This
section shall not apply to military construction projects,
land acquisition, or family housing projects for which the
project is vital to the national security or the protection
of health, safety, or environmental quality: Provided, That
the Secretary of Defense shall notify the congressional
defense committees within seven days of a decision to carry
out such a military construction project.

TITLE II

DEPARTMENT OF VETERANS AFFAIRS

Veterans Benefits Programs

compensation and pensions

(including transfer of funds)

For the payment of compensation benefits to or on behalf of
veterans and a pilot program for disability examinations as
authorized by law (38

[[Page S10851]]

U.S.C. 107, chapters 11, 13, 18, 51, 53, 55, and 61); pension
benefits to or on behalf of veterans as authorized by law (38
U.S.C. chapters 15, 51, 53, 55, and 61; 92 Stat. 2508); and
burial benefits, the Reinstated Entitlement Program for
Survivors, emergency and other officers' retirement pay,
adjusted-service credits and certificates, payment of
premiums due on commercial life insurance policies guaranteed
under the provisions of title IV of the Servicemembers Civil
Relief Act (50 U.S.C. App. 540 et seq.) and for other
benefits as authorized by law (38 U.S.C. 107, 1312, 1977, and
2106, chapters 23, 51, 53, 55, and 61; 43 Stat. 122, 123; 45
Stat. 735; 76 Stat. 1198), $38,007,095,000, to remain
available until expended: Provided, That not to exceed
$28,112,000 of the amount appropriated under this heading
shall be reimbursed to ``General operating expenses'' and
``Medical services'' for necessary expenses in implementing
the provisions of chapters 51, 53, and 55 of title 38, United
States Code, the funding source for which is specifically
provided as the ``Compensation and pensions'' appropriation:
Provided further, That such sums as may be earned on an
actual qualifying patient basis, shall be reimbursed to
``Medical care collections fund'' to augment the funding of
individual medical facilities for nursing home care provided
to pensioners as authorized.

readjustment benefits

For the payment of readjustment and rehabilitation benefits
to or on behalf of veterans as authorized by law (38 U.S.C.
chapters 21, 30, 31, 34, 35, 36, 39, 51, 53, 55, and 61),
$3,262,006,000, to remain available until expended: Provided,
That expenses for rehabilitation program services and
assistance which the Secretary is authorized to provide under
section 3104(a) of title 38, United States Code, other than
under subsection (a)(1), (2), (5), and (11) of that section,
shall be charged to this account.

veterans insurance and indemnities

For military and naval insurance, national service life
insurance, servicemen's indemnities, service-disabled
veterans insurance, and veterans mortgage life insurance as
authorized by title 38, United States Code, chapter 19; 70
Stat. 887; 72 Stat. 487, $49,850,000, to remain available
until expended.

veterans housing benefit program fund program account

(including transfer of funds)

For the cost of direct and guaranteed loans, such sums as
may be necessary to carry out the program, as authorized by
subchapters I through III of chapter 37 of title 38, United
States Code: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That
during fiscal year 2007, within the resources available,
not to exceed $500,000 in gross obligations for direct
loans are authorized for specially adapted housing loans.
In addition, for administrative expenses to carry out the
direct and guaranteed loan programs, $153,185,000.

VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

For the cost of direct loans, $53,000, as authorized by
chapter 31 of title 38, United States Code: Provided, That
such costs, including the cost of modifying such loans, shall
be as defined in section 502 of the Congressional Budget Act
of 1974: Provided further, That funds made available under
this heading are available to subsidize gross obligations for
the principal amount of direct loans not to exceed
$4,242,000.
In addition, for administrative expenses necessary to carry
out the direct loan program, $305,000, which may be
transferred to and merged with the appropriation for
``General operating expenses''.

NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

For administrative expenses to carry out the direct loan
program authorized by subchapter V of chapter 37 of title 38,
United States Code, $615,000: Provided, That no new loans in
excess of $30,000,000 may be made in fiscal year 2007.

GUARANTEED TRANSITIONAL HOUSING LOANS FOR HOMELESS VETERANS PROGRAM
ACCOUNT

For the administrative expenses to carry out the guaranteed
transitional housing loan program authorized by subchapter VI
of chapter 37 of title 38, United States Code, not to exceed
$750,000 of the amounts appropriated by this Act for
``General operating expenses'' and ``Medical services'' may
be expended.

Veterans Health Administration

MEDICAL SERVICES

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses for furnishing, as authorized by
law, inpatient and outpatient care and treatment to
beneficiaries of the Department of Veterans Affairs and
veterans described in section 1705(a) of title 38, United
States Code, including care and treatment in facilities not
under the jurisdiction of the Department, and including
medical supplies and equipment and salaries and expenses of
healthcare employees hired under title 38, United States
Code, and aid to State homes as authorized by section 1741 of
title 38, United States Code; and for necessary expenses in
the administration of the medical, hospital, nursing home,
domiciliary, construction, supply, and research activities,
as authorized by law; administrative expenses in support of
capital policy activities; and administrative and legal
expenses of the Department for collecting and recovering
amounts owed the Department as authorized under chapter 17 of
title 38, United States Code, and the Federal Medical Care
Recovery Act (42 U.S.C. 2651 et seq.); $28,689,000,000, plus
reimbursements: Provided, That of the funds made available
under this heading) not to exceed $1,350,000,000 shall be
available until September 30, 2008: Provided further, That,
notwithstanding any other provision of law, the Secretary of
Veterans Affairs shall establish a priority for treatment for
veterans who are service-connected disabled, lower income, or
have special needs: Provided further, That, notwithstanding
any other provision of law, the Secretary of Veterans Affairs
shall give priority funding for the provision of basic
medical benefits to veterans in enrollment priority groups 1
through 6: Provided further, That, notwithstanding any other
provision of law, the Secretary of Veterans Affairs may
authorize the dispensing of prescription drugs from Veterans
Health Administration facilities to enrolled veterans with
privately written prescriptions based on requirements
established by the Secretary: Provided further, That the
implementation of the program described in the previous
proviso shall incur no additional cost to the Department of
Veterans Affairs.

MEDICAL FACILITIES

For necessary expenses for the maintenance and operation of
hospitals, nursing homes, and domiciliary facilities and
other necessary facilities for the Veterans Health
Administration; for administrative expenses in support of
planning, design, project management, real property
acquisition and disposition, construction and renovation of
any facility under the jurisdiction or for the use of the
Department; for oversight, engineering and architectural
activities not charged to project costs; for repairing,
altering, improving or providing facilities in the several
hospitals and homes under the jurisdiction of the Department,
not otherwise provided for, either by contract or by the hire
of temporary employees and purchase of materials; for leases
of facilities; and for laundry and food services,
$3,569,000,000, plus reimbursements, of which $250,000,000
shall be available until September 30, 2008.

MEDICAL AND PROSTHETIC RESEARCH

For necessary expenses in carrying out programs of medical
and prosthetic research and development as authorized by
chapter 73 of title 38, United States Code, to remain
available until September 30, 2008, $412,000,000, plus
reimbursements, of which not less than $15,000,000 shall be
used for Gulf War Illness research.

National Cemetery Administration

For necessary expenses of the National Cemetery
Administration for operations and maintenance, not otherwise
provided for, including uniforms or allowances therefor;
cemeterial expenses as authorized by law; purchase of one
passenger motor vehicle for use in cemeterial operations; and
hire of passenger motor vehicles, $160,733,000, of which not
to exceed $8,037,000 shall be available until September 30,
2008.

Departmental Administration

GENERAL OPERATING EXPENSES

(INCLUDING TRANSFER OF FUNDS)

For necessary operating expenses of the Department of
Veterans Affairs, not otherwise provided for, including
administrative expenses in support of Department-Wide capital
planning, management and policy activities, uniforms or
allowances therefor; not to exceed $25,000 for official
reception and representation expenses; hire of passenger
motor vehicles; and reimbursement of the General Services
Administration for security guard services, and the
Department of Defense for the cost of overseas employee mail,
$1,467,764,000: Provided, That expenses for services and
assistance authorized under paragraphs (1), (2), (5), and
(11) of section 3104(a) of title 38, United States Code, that
the Secretary of Veterans Affairs determines are necessary to
enable entitled veterans: (1) to the maximum extent feasible,
to become employable and to obtain and maintain suitable
employment; or (2) to achieve maximum independence in daily
living, shall be charged to this account: Provided further,
That the Veterans Benefits Administration shall be funded at
not less than $1,167,859,000: Provided further, That of the
funds made available under this heading, not to exceed
$75,000,000 shall be available for obligation until September
30, 2008: Provided further, That from the funds made
available under this heading, the Veterans Benefits
Administration may purchase up to two passenger motor
vehicles for use in operations of that Administration in
Manila, Philippines.

OFFICE OF INSPECTOR GENERAL

For necessary expenses of the Office of Inspector General,
to include information technology, in carrying out the
provisions of the Inspector General Act of 1978, $70,599,000,
of which $3,474,950 shall remain available until September
30, 2008.

CONSTRUCTION, MAJOR PROJECTS

For constructing, altering, extending and improving any of
the facilities including parking projects under the
jurisdiction or for the use of the Department of Veterans
Affairs, or for any of the purposes set forth in sections
316, 2404, 2406, 8102, 8103, 8106, 8108, 8109, 8110, and 8122
of title 38, United States Code, including planning,
architectural and engineering services, construction
management services, maintenance or guarantee period services
costs associated with equipment guarantees provided under the
project, services of claims analysts, offsite utility and
storm drainage system construction costs, and site
acquisition, where the estimated cost of a project is more
than the amount set forth in section 8104(a)(3)(A) of title
38, United States Code, or where funds for a project were
made available in a previous major project appropriation,
$429,000,000, to remain available until expended, of which
$2,000,000 shall be to make reimbursements as provided in
section 13 of the Contract Disputes Act of 1978 (41 U.S.C.
612) for claims paid for contract disputes: Provided, That
except for advance planning activities) including needs
assessments which may or may

[[Page S10852]]

not lead to capital investments, and other capital asset
management related activities, such as portfolio development
and management activities, and investment strategy studies
funded through the advance planning fund and the planning and
design activities funded through the design fund and CARES
funds, including needs assessments which may or may not lead
to capital investments, none of the funds appropriated under
this heading shall be used for any project which has not been
approved by the Congress in the budgetary process: Provided
further, That funds provided in this appropriation for fiscal
year 2007, for each approved project (except those for CARES
activities referenced above) shall be obligated: (1) by the
awarding of a construction documents contract by September
30, 2007; and (2) by the awarding of a construction contract
by September 30, 2008: Provided further, That the Secretary
of Veterans Affairs shall promptly report in writing to the
Committees on Appropriations of both Houses of Congress any
approved major construction project in which obligations are
not incurred within the time limitations established above.

CONSTRUCTION, MINOR PROJECTS

For constructing, altering, extending, and improving any of
the facilities including parking projects under the
jurisdiction or for the use of the Department of Veterans
Affairs, including planning and assessments of needs which
may lead to capital investments, architectural and
engineering services, maintenance or guarantee period
services costs associated with equipment guarantees provided
under the project, services of claims analysts, offsite
utility and storm drainage system construction costs, and
site acquisition, or for any of the purposes set forth in
sections 316, 2404, 2406, 8102, 8103, 8106, 8108, 8109, 8110,
8122, and 8162 of title 38, United States Code, where the
estimated cost of a project is equal to or less than the
amount set forth in section 8104(a)(3)(A) of title 38, United
States Code, $168,000,000, to remain available until
expended, along with unobligated balances of previous
``Construction, minor projects'' appropriations which are
hereby made available for any project where the estimated
cost is equal to or less than the amount set forth in such
section for: (1) repairs to any of the nonmedical
facilities under the jurisdiction or for the use of the
Department which are necessary because of loss or damage
caused by any natural disaster or catastrophe; and (2)
temporary measures necessary to prevent or to minimize
further loss by such causes.

GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE FACILITIES

For grants to assist States to acquire or construct State
nursing home and domiciliary facilities and to remodel,
modify or alter existing hospital, nursing home and
domiciliary facilities in State homes, for furnishing care to
veterans as authorized by sections 8131-8137 of title 38,
United States Code, $85,000,000, to remain available until
expended.

GRANTS FOR CONSTRUCTION OF STATE VETERANS CEMETERIES

For grants to aid States in establishing, expanding, or
improving State veterans cemeteries as authorized by section
2408 of title 38, United States Code, $32,000,000, to remain
available until expended.

INFORMATION TECHNOLOGY SYSTEMS

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses for information technology systems
and telecommunications support, including developmental
information systems and operational information systems;
including pay and associated cost for operations and
maintenance associated staff; for the capital asset
acquisition of information technology systems, including
management and related contractual costs of said
acquisitions, including contractual costs associated with
operations authorized by chapter 3109 of title 5, United
States Code, $1,255,900,000, to remain available until
September 30, 2008: Provided, That none of these funds may be
obligated until the Department of Veterans Affairs submits to
the Committees on Appropriations of both Houses of Congress,
and such Committees approve, a plan for expenditure that: (1)
meets the capital planning and investment control review
requirements established by the Office of Management and
Budget; (2) complies with the Department of Veterans Affairs
enterprise architecture; (3) conforms with an established
enterprise life cycle methodology; and (4) complies with the
acquisition rules, requirements, guidelines, and systems
acquisition management practices of the Federal Government:
Provided further, That within 60 days of enactment of this
Act, the Secretary of Veterans Affairs shall submit to the
Committees on Appropriations of both Houses of Congress a
reprogramming base letter which provides, by project, the
costs included in this appropriation.

ADMINISTRATIVE PROVISIONS

(INCLUDING TRANSFER OF FUNDS)

Sec. 201. Any appropriation for fiscal year 2007, in this
Act or any other Act for ``Compensation and pensions'',
``Readjustment benefits'', and ``Veterans insurance and
indemnities'' may be transferred as necessary to any other of
the mentioned appropriations: Provided, That before a
transfer may take place, the Secretary of Veterans Affairs
shall request from the Committees on Appropriations of both
Houses of Congress the authority to make the transfer and an
approval is issued, or absent a response, a period of 30 days
has elapsed.

(INCLUDING TRANSFER OF FUNDS)

Sec. 202. Amounts made available for fiscal year 2007, in
this Act or any other Act, under the ``Medical services'' and
``Medical facilities'' accounts may be transferred between
the accounts to the extent necessary to implement the
restructuring of the Veterans Health Administration accounts:
Provided, That before a transfer may take place, the
Secretary of Veterans Affairs shall request from the
Committees on Appropriations of both Houses of Congress the
authority to make the transfer and an approval is issued.
Sec. 203. Appropriations available in this title for
salaries and expenses shall be available for services
authorized by section 3109 of title 5, United States Code,
hire of passenger motor vehicles; lease of a facility or land
or both; and uniforms or allowances therefor, as authorized
by sections 5901-5902 of title 5, United States Code.
Sec. 204. No appropriations in this title (except the
appropriations for ``Construction, major projects'', and
``Construction, minor projects'') shall be available for the
purchase of any site for the construction of any new hospital
or home.
Sec. 205. No appropriations in this title shall be
available for hospitalization or examination of any persons
(except beneficiaries entitled under the laws bestowing such
benefits to veterans, and persons receiving such treatment
under sections 7901-7904 of title 5, United States Code or
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.)), unless
reimbursement of cost is made to the ``Medical services''
account at such rates as may be fixed by the Secretary of
Veterans Affairs.
Sec. 206. Appropriations available in this title for
``Compensation and pensions'', ``Readjustment benefits'', and
``Veterans insurance and indemnities'' shall be available for
payment of prior year accrued obligations required to be
recorded by law against the corresponding prior year
accounts within the last quarter of fiscal year 2006.
Sec. 207. Appropriations available in this title shall be
available to pay prior year obligations of corresponding
prior year appropriations accounts resulting from sections
3328(a), 3334, and 3712(a) of title 31, United States Code,
except that if such obligations are from trust fund accounts
they shall be payable from ``Compensation and pensions''.
Sec. 208. Notwithstanding any other provision of law,
during fiscal year 2007, the Secretary of Veterans Affairs
shall, from the National Service Life Insurance Fund (38
U.S.C. 1920), the Veterans' Special Life Insurance Fund (38
U.S.C. 1923), and the United States Government Life Insurance
Fund (38 U.S.C. 1955), reimburse the ``General operating
expenses'' account for the cost of administration of the
insurance programs financed through those accounts: Provided,
That reimbursement shall be made only from the surplus
earnings accumulated in an insurance program in fiscal year
2007 that are available for dividends in that program after
claims have been paid and actuarially determined reserves
have been set aside: Provided further, That if the cost of
administration of an insurance program exceeds the amount of
surplus earnings accumulated in that program, reimbursement
shall be made only to the extent of such surplus earnings:
Provided further, That the Secretary shall determine the cost
of administration for fiscal year 2007 which is properly
allocable to the provision of each insurance program and to
the provision of any total disability income insurance
included in such insurance program.
Sec. 209. Amounts deducted from enhanced-use lease proceeds
to reimburse an account for expenses incurred by that account
during a prior fiscal year for providing enhanced-use lease
services, may be obligated during the fiscal year in which
the proceeds are received.
Sec. 210. Funds available in this title or funds for
salaries and other administrative expenses shall also be
available to reimburse the Office of Resolution Management
and the Office of Employment Discrimination Complaint
Adjudication for all services provided at rates which will
recover actual costs but not exceed $31,246,000 for the
Office of Resolution Management and $3,059,000 for the Office
of Employment and Discrimination Complaint Adjudication:
Provided, That payments may be made in advance for services
to be furnished based on estimated costs: Provided further,
That amounts received shall be credited to ``General
operating expenses'' for use by the office that provided the
service.
Sec. 211. No appropriations in this title shall be
available to enter into any new lease of real property if the
estimated annual rental is more than $300,000 unless the
Secretary submits a report which the Committees on
Appropriations of both Houses of Congress approve within 30
days following the date on which the report is received.
Sec. 212. No funds of the Department of Veterans Affairs
shall be available for hospital care, nursing home care, or
medical services provided to any person under chapter 7 of
title 38, United States Code, for a non-service-connected
disability described in section 1729(a)(2) of such title,
unless that person has disclosed to the Secretary of Veterans
Affairs, in such form as the Secretary may require, current,
accurate third-party reimbursement information for purposes
of section 1729 of such title: Provided, That the Secretary
may recover, in the same manner as any other debt due the
United States, the reasonable charges for such care or
services from any person who does not make such disclosure as
required: Provided further, That any amounts so recovered for
care or services provided in a prior fiscal year may be
obligated by the Secretary during the fiscal year in which
amounts are received.

(including transfer of funds)

Sec. 213. Notwithstanding any other provision of law, at
the discretion of the Secretary of Veterans Affairs, proceeds
or revenues derived from enhanced-use leasing activities
(including disposal) may be deposited into the
``Construction,

[[Page S10853]]

major projects'' and ``Construction, minor projects''
accounts and be used for construction (including site
acquisition and disposition), alterations and improvements of
any medical facility under the jurisdiction or for the use of
the Department of Veterans Affairs. Such sums as realized are
in addition to the amount provided for in ``Construction,
major projects'' and ``Construction, minor projects''.
Sec. 214. Amounts made available under ``Medical services''
are available--
(1) for furnishing recreational facilities, supplies, and
equipment; and
(2) for funeral expenses, burial expenses, and other
expenses incidental to funerals and burials for beneficiaries
receiving care in the Department.

(INCLUDING TRANSFER OF FUNDS)

Sec. 215. Such sums as may be deposited to the Medical Care
Collections Fund pursuant to section 1729A of title 38,
United States Code, may be transferred to ``Medical
services'', to remain available until expended for the
purposes of this account.
Sec 216. Notwithstanding any other provision of law, the
Secretary of Veterans Affairs shall allow veterans eligible
under existing Department of Veterans Affairs medical care
requirements and who reside in Alaska to obtain medical care
services from medical facilities supported by the Indian
Health Service or tribal organizations. The Secretary shall:
(1) limit the application of this provision to rural Alaskan
veterans in areas where an existing Department of Veterans
Affairs facility or Veterans Affairs-contracted service is
unavailable; (2) require participating veterans and
facilities to comply with all appropriate rules and
regulations, as established by the Secretary; (3) require
this provision to be consistent with Capital Asset
Realignment for Enhanced Services activities; and (4) result
in no additional cost to the Department of Veterans Affairs
or the Indian Health Service.

(INCLUDING TRANSFER OF FUNDS)

Sec. 217. Such sums as may be deposited to the Department
of Veterans Affairs Capital Asset Fund pursuant to section
8118 of title 38, United States Code, may be transferred to
the ``Construction, major projects'' and ``Construction,
minor projects'' accounts to remain available until expended
for the purposes of these accounts.
Sec. 218. None of the funds available to the Department of
Veterans Affairs, in this Act, or any other Act, may be used
for payment for E-Gov initiatives.
Sec. 219. None of the funds made available in this Act may
be used to implement any policy prohibiting the Directors of
the Veterans Integrated Service Networks from conducting
outreach or marketing to enroll new veterans within their
respective Networks.
Sec. 220. The Secretary of Veterans Affairs shall submit to
the Committees on Appropriations of both Houses of Congress a
quarterly report on the financial status of the Veterans
Health Administration.

(INCLUDING TRANSFER OF FUNDS)

Sec. 221. Amounts made available under the ``Medical
services'', ``Medical facilities'', ``General operating
expenses'', and ``National Cemetery Administration'' accounts
for fiscal year 2007, may be transferred to or from the
``Information technology systems'' account: Provided, That
before a transfer may take place, the Secretary of Veterans
Affairs shall request from the Committees on Appropriations
of both Houses of Congress the authority to make the transfer
and an approval is issued.

(INCLUDING TRANSFER OF FUNDS)

Sec. 222. For purposes of perfecting the funding sources of
the Department of Veterans Affairs' new ``Information
technology systems'' account, funds made available for fiscal
year 2007, in this or any other Act, may be transferred from
the ``General operating expenses'', ``National Cemetery
Administration'', and ``Office of Inspector General''
accounts to the ``Medical services'' account: Provided, That
before a transfer may take place, the Secretary of Veterans
Affairs shall request from the Committees on Appropriations
of both Houses of Congress the authority to make the transfer
and an approval is issued.

(INCLUDING TRANSFER OF FUNDS)

Sec. 223. Amounts made available for the ``Information
technology systems'' account may be transferred between
projects: Provided, That no project may be increased or
decreased by more than $1,000,000 of cost prior to submitting
a request to the Committees on Appropriations of both Houses
of Congress to make the transfer and an approval is issued,
or absent a response, a period of 30 days has elapsed.
Sec. 224. No funds in this Act may be deposited into the
DOD/VA Health Care Sharing Incentive Fund.
Sec. 225. The authority provided by section 2011 of title
38, United States Code, shall continue in effect through
September 30, 2007.
Sec. 226. Report on Use of Lands at West Los Angeles
Department of Veterans Affairs medical Center. (a) Report.--
The Secretary of Veterans Affairs shall submit to Congress a
report on the master plan of the Department of Veterans
Affairs relating to the use of Department lands at the West
Los Angeles Department of Veterans Medical Center,
California.
(b) Report Elements.--The report under subsection (a) shall
set forth the following:
(1) The master plan referred to in that subsection, if such
a plan currently exists.
(2) A current assessment of the master plan.
(3) Any proposal of the Department for a veterans park on
the lands referred to in subsection (a), and an assessment of
each such proposal.
(4) Any proposal to use a portion of those lands as
dedicated green space, and an assessment of each such
proposal.
(c) Alternative Report Element.--If a master plan referred
to in subsection (a) does not exist as of the date of
enactment of this Act, the Secretary shall set forth in the
report under that subsection, in lieu of the matters
specified in paragraphs (1) and (2) of subsection (b), a plan
for the development of a master plan for the use of the lands
referred to in subsection (a) during the period beginning on
the date of the enactment of this Act and ending 25 years
later and during the period beginning on the date of the
enactment of this Act and ending 50 years later. The master
plan referred to in subsection (a) shall be completed prior
to the adoption of the Capital Asset Realignment for Enhanced
Services (CARES) plan for that property, or prior to the
issuance of any enhanced use lease on the subject property.
The CARES plan for the subject property shall be consistent
with the master plan required by this section.
(d) Limitations on Implementation.--
(1) In general.--The Secretary may not implement any
portion of the master plan referred to in subsection (a)
until 120 days after the date of the receipt by the
Committees on Appropriations of the Senate and the House of
Representatives of the report required by that subsection.
(2) Actions other than direct veterans services.--In the
case of any portion of the master plan referred to in
subsection (a) that does not relate exclusively to direct
veterans services on the site referred to in subsection (a),
the Secretary may not carry out such portion of the master
plan without the approval of the Committees on Appropriations
of the Senate and the House of Representatives.
(e) Exemptions.--Nothing contained in this provision shall
prevent the Department of Veterans Affairs from providing
maintenance, service or programs consistent with the mission
of the Department.
Sec. 227. None of the funds available to the Department of
Veterans Affairs, in this Act, or any other Act, may be used
to replace the current system by which the Veterans
Integrated Services Networks select and contract for diabetes
monitoring supplies and equipment.
Sec. 228. The major medical facility project for a
Department of Veterans Affairs Medical Center in New Orleans,
Louisiana, for which funds were appropriated for the
Department of Veterans Affairs for the ``Construction, major
projects'' account in Public Law 109-234 and Public Law 109-
148 shall be treated for purposes of section 8104(b) of title
38, United States Code, as a major medical facility project
that has been specifically authorized by law, and the
Secretary of Veterans Affairs may obligate and expend amounts
so appropriated for that account for that project for the
purchase of a site including property exchange for, and new
construction, restoration, or replacement of, the Department
of Veterans Affairs Medical Center in New Orleans, Louisiana.

TITLE III

RELATED AGENCIES

AMERICAN BATTLE MONUMENTS COMMISSION

Salaries and Expenses

For necessary expenses, not otherwise provided for, of the
American Battle Monuments Commission, including the
acquisition of land or interest in land in foreign countries;
purchases and repair of uniforms for caretakers of national
cemeteries and monuments outside of the United States and its
territories and possessions; rent of office and garage space
in foreign countries; purchase (one-for-one replacement only)
and hire of passenger motor vehicles; not to exceed $7,500
for official reception and representation expenses; and
insurance of official motor vehicles in foreign countries,
when required by law of such countries, $37,088,000, to
remain available until expended.

Foreign Currency Fluctuations

For necessary expenses, not otherwise provided for, of the
American Battle Monuments Commission, $4,900,000, to remain
available until expended, for purposes authorized by section
2109 of title 36, United States Code.

UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

Salaries and Expenses

For necessary expenses for the operation of the United
States Court of Appeals for Veterans Claims as authorized by
sections 7251-7298 of title 38, United States Code,
$19,790,000: Provided, That $1,260,000 shall be available for
the purpose of providing financial assistance as described,
and in accordance with the process and reporting procedures
set forth, under this heading in Public Law 102-29.

DEPARTMENT OF DEFENSE--CIVIL

Cemeterial Expenses, Army

Salaries and Expenses

For necessary expenses, as authorized by law, for
maintenance, operation, and improvement of Arlington National
Cemetery and Soldiers' and Airmen's Home National Cemetery,
including the purchase of two passenger motor vehicles for
replacement only, and not to exceed $1,000 for official
reception and representation expenses, $26,550,000, to remain
available until expended. In addition, such sums as may be
necessary for parking maintenance, repairs and replacement,
to be derived from the Lease of Department of Defense Real
Property for Defense Agencies account.

ARMED FORCES RETIREMENT HOME

For expenses necessary for the Armed Forces Retirement Home
to operate and maintain the Armed Forces Retirement Home--
Washington, District of Columbia and the Armed Forces
Retirement Home--Gulfport, Mississippi, to be paid from funds
available in the Armed Forces Retirement Home Trust Fund,
$54,846,000.

[[Page S10854]]

ADMINISTRATIVE PROVISIONS

Sec. 301. None of the funds in this title under the heading
``American Battle Monuments Commission'' shall be available
for the Capital Security Costs Sharing program.

(INCLUDING RESCISSION OF FUNDS)

Sec. 302. (a) For an additional amount for ``United States
Court of Appeals for Veterans Claims, Salaries and
Expenses'', $500,000, to remain available until expended, for
implementation of the Appellate Case Management Electronic
Case Files System.
(b) Of the amount appropriated under the heading ``United
States Court of Appeals for Veterans Claims, Salaries and
Expenses'', in the Military Quality of Life, Military
Construction, and Veterans Affairs Appropriations Act, 2006
(Public Law 109-114), $500,000 are rescinded.
(c) This section shall take effect immediately upon
enactment of this Act.

TITLE IV

GENERAL PROVISIONS

Sec. 401. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 402. Such sums as may be necessary for fiscal year
2007 pay raises for programs funded by this Act shall be
absorbed within the levels appropriated in this Act.
Sec. 403. None of the funds made available in this Act may
be used for any program, project, or activity, when it is
made known to the Federal entity or official to which the
funds are made available that the program, project, or
activity is not in compliance with any Federal law relating
to risk assessment, the protection of private property
rights, or unfunded mandates.
Sec. 404. No part of any funds appropriated in this Act
shall be used by an agency of the executive branch, other
than for normal and recognized executive-legislative
relationships, for publicity or propaganda purposes, and for
the preparation, distribution or use of any kit, pamphlet,
booklet, publication, radio, television or film presentation
designed to support or defeat legislation pending before
Congress, except in presentation to Congress itself.
Sec. 405. All departments and agencies funded under this
Act are encouraged, within the limits of the existing
statutory authorities and funding, to expand their use of
``E-Commerce'' technologies and procedures in the conduct of
their business practices and public service activities.
Sec. 406. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government except pursuant to a transfer
made by, or transfer authority provided in, this Act or any
other appropriations Act.
Sec. 407. Unless stated otherwise, all reports and
notifications required by this Act shall be submitted to the
Subcommittee on Military Quality of Life and Veterans
Affairs, and Related Agencies of the Committee on
Appropriations of the House of Representatives and the
Subcommittee on Military Construction and Veterans Affairs,
and Related Agencies of the Committee on Appropriations of
the Senate.
This Act may be cited as the ``Military Construction and
Veterans Affairs and Related Agencies Appropriations Act,
2007''.

The committee amendment in the nature of a substitute was agreed to.
Mrs. HUTCHISON. Madam President, it is my pleasure today to bring the
fiscal year 2007 Military Construction, Veterans Affairs, and related
agencies bill to the Senate for consideration. The bill provides $16.26
billion for military construction, $77.9 billion for the Department of
Veterans Affairs, and $143.5 million for the related agencies.
The bill provides the much needed resources for the Department of
Veterans Affairs to care for our brave veterans returning from
Afghanistan and Iraq, as well as those who have served with honor in
our past wars. We fully support our veterans and appreciate the
sacrifices they made for our country, by increasing the VA's funding by
$6.45 billion from last year's enacted level to the President's request
of $77.9 billion.
This year, we are proposing to bring medical services and medical
administration under one account. This merger of the two accounts will
give the VA the flexibility to manage and budget all medical services
operations, including hospital staff personnel, from one account for
better management, organization, and efficiency. The funding for the
new combined medical services account is $28.7 billion, which is $3.1
billion above last year's level and equal to the President's request.
The funding recommendation also includes the full request of $3.6
billion for medical facilities; $412 million for medical and prosthetic
research, which is equal to last year's level and $13 million above the
President's request; $429 million for major construction; and $85
million for grants for construction of State extended-care facilities.
This bill bridges a significant funding gap in fiscal year 2007 for
the Department of Veterans Affairs. The administration's budget request
included legislative proposals for the VA's health care system that
would have instituted new enrollment fees and increased the copayments
for prescription drugs, both of which would have been paid by veterans.
Revenue estimate for those proposals was $795 million. The
administration assumed this revenue in the VA's budget request. The
subcommittee has denied these proposals and has provided the $795
million difference for VA health care.
The bill also contains additional resources in the areas of advanced
prosthetics, recognizing that veterans returning from Operations Iraqi
Freedom and Enduring Freedom are experiencing the loss of limbs due to
combat injury.
The bill provides much needed funds for military construction. With
the impending return of troops as a result of the current overseas
rebasing effort, which our subcommittee recommended and strongly
supports, BRAC, Army modularity, and the global war on terror, our
service men and women are in a time of great transformation, and the
funds will be provided for these accounts. It is important that they
receive these facilities to enable the transformation. We are also
continuing to press our NATO allies to share the burden of construction
costs for NATO facilities and have been successful.

The bill provides necessary funds for the rebasing effort as well as
continues the emphasis on family housing initiatives within the
Department of Defense. It also provides $1.1 billion for Guard and
Reserve components which is $215 million above the requested level. The
bill includes funding totaling $5.2 billion to implement the BRAC 2005
decisions. This is an increase of $3.7 billion over last year. We do
recommend a minor cut of 7 percent to this account because we found
flexibility in supplies and equipment will not be needed next year
because of the slow pace of BRAC implementation. I would emphasize,
however, that no BRAC construction projects are affected.
Putting our bill together was certainly a bipartisan effort. Let me
say now we are giving notice to Members on both sides of the aisle that
we plan to come forward tomorrow about 2:15 with all of the amendments
we have had requested so far, and anything a Member might want to put
in this bill needs to be in our hands by close of business today, 5
o'clock. We wish to finish up the bill, deal with the amendments at
2:15 on Tuesday, and have our vote then lined up for later in the
afternoon on Tuesday, in the 5 o'clock to 5:30 range. So we are giving
notice, and we hope if there are any amendments we have not already
been given, anyone with that kind of request will come forward.
I thank Senator Feinstein, the ranking member, for her partnership.
We have worked so well together throughout our time on this
subcommittee. We actually have been chairman and ranking member, both
of us. I have been chairman and she has been ranking member, and we
have been the other way, and I think we will be the other way come
January. I know it will make no difference. I know we will meet the
needs of military construction. We will meet the needs of our veterans.
We will do it the right way, and we will do it in agreement, because we
have the same goals--that we honor our veterans with the services they
deserve and that we provide for our military housing and military
construction and cleanup for BRAC in the most responsible way. I
couldn't ask for a better working relationship than I have with my
ranking member and her staff. I look forward to the years to come.
I yield the floor.
The PRESIDING OFFICER. The Senator from California.
Mrs. FEINSTEIN. Madam President, as I was standing here looking out
at a woman presiding and a woman chairman, a woman ranking member. I
thought, there has been progress.
I am very pleased to join my chairman in recommending the 2007
Military Construction-Veterans Affairs, and Related Agencies
appropriations bill to the Senate. I thank my friend Chairman Hutchison
for her hard work on this bill, and I especially thank the chairman of
the Appropriations Committee, Senator Cochran, and the ranking member,
Senator Byrd, for their support and help in bringing this bill to the
floor.
This past weekend the Nation observed Veterans Day, the day we set
aside to honor America's veterans with ceremonies across this great
land.

[[Page S10855]]

Today the Senate takes up a bill that backs up the speeches and
ceremonies with the funding necessary to provide the services our
veterans were promised and that they both need and deserve. The bill
before us today is a critically important funding measure for our
Nation's veterans and for the Active and Reserve Forces in the
military. It is a good bill.
The bill provides a total of $94.3 billion in its three titles. The
bulk of the funding, $77.9 billion, is for the Department of Veterans
Affairs. Of that amount, $41.4 billion is mandatory spending for
veterans benefit programs, such as veterans compensation and pensions,
and $36.5 billion is discretionary spending, primarily for the medical
program. This means that medical service programs are funded at the
level necessary to meet the needs of our veterans. Both the chairman
and I believe this is so.
The funding in this bill for the Department of Veterans Affairs is
equal to the President's budget request and almost $6.5 billion--that
is an increase of 9 percent--over the fiscal year 2006 enacted level.
This increase is necessary due to the Iraq and Afghanistan situation.
For veterans health, the bill provides $32.67 billion. That is an
increase of 11.3 percent above the 2006 level. It includes $3.2 billion
for mental health, a $340 million increase over last year's enacted
level. And it includes $4.3 billion, a $228 million increase over last
year's enacted level, for geriatrics and extended care to assist the
Nation's aging veterans population.
For military construction, which 2 years ago was all that we did
together--now we also have the veterans budget for the second year--the
bill includes $16.3 billion in funding. That is for a wide range of
mission-critical facilities--barracks, daycare centers, family housing
projects, both within the United States and overseas. Also included in
that funding is $5.24 billion to implement the most recent base
realignment and closure round, not so fondly known as BRAC around here.
Last but not least, the bill includes $143 million for a group of
small but essential agencies, including the American Battle Monuments
Commission and the Armed Forces Retirement Home. This title of the bill
also funds Arlington National Cemetery, a sacred site familiar to all
Americans which in many ways is the centerpiece of our homage to those
who serve the Nation and our military in war and in peace.
In a year in which the Appropriations Committee has been faced with
severe budget constraints, we are fortunate to be able to bring to the
Senate a bill that fully funds the President's request for veterans and
meets the pressing infrastructure requirements of the military. We were
able to accomplish this without imposing any new fees or copayments on
veterans. Most importantly, perhaps, is we do not appear to be facing
the same kind of shortfall in funding for VA health care that the
Senate was confronted with last year.

Providing affordable, accessible, first-rate health care to our
Nation's veterans is a priority for this Senate and for both the
chairman and myself. At a time when our Nation is at war and over
155,000 Iraq and Afghanistan war veterans are seeking VA health care
services, many with grievous physical and mental wounds, veterans
health care must be placed at the top of the list. Money is tight, to
be sure. But like America's military forces currently fighting in Iraq
and Afghanistan, the veterans who have fought in those and past wars
deserve the fullest measure of our support and gratitude.
Likewise, the Nation's military forces need and deserve quality
facilities in which to live and work. With the new round of BRAC and
the ongoing global realignment of United States forces in Europe,
Korea, and elsewhere overseas, the Defense Department's base structure
is undergoing change. Tens of thousands of military personnel are
returning to the United States from bases that are being closed
overseas, placing great demand on domestic installations that will
absorb them and their families.
At the same time, the Army is in the midst of reinventing its
military structure, transforming from cumbersome divisions and brigades
into more mobile and agile modular units. This modularity carries with
it a new set of infrastructure requirements, and new emphasis regarding
new facilities is being placed on the Nation's special operations
forces, including the fielding of a new Marine Corps special operations
command. All of this restructuring, of course, is going on while
upwards of 170,000 United States military personnel remain fully
engaged in Iraq and Afghanistan.
In all, there are many challenges facing the military construction
budget. Yet when the $5.2 billion for a new BRAC round is taken out of
the equation, the amount of military construction funding requested by
the President remained nearly level with last year's funding.
Nevertheless, with the budget constraints we face this year, we were
able to provide sufficient military construction dollars to fund the
hundreds of military construction priorities both at home and abroad
that have all been authorized in the Defense authorization bill.
This is a carefully balanced, bipartisan bill that is designed to
meet the health and welfare needs of America's veterans and the
infrastructure requirements of America's military forces with very
tight budget limitations.
I again commend Chairman Hutchison for her work in developing this
package. With the passage of this bill, we will have done our work in
the Senate. I firmly believe we can work quickly to complete a
conference with the House and send a good bill to the President, if the
leadership gives us the opportunity. There has been some speculation
that no appropriations bills will emerge from this lameduck session and
that we instead will be operating under a continuing resolution for
months to come. I hope that speculation is wrong. It would be a serious
disservice to our Nation's veterans and our active-duty military to
relegate the programs funded under MilCon-VA to a continuing resolution
in the new year. It will be at a $6.5 billion loss to these programs to
do that. I know Chairman Hutchison, Chairman Cochran, and Senator Byrd
share my desire to send a conference report on this bill to the
President and see it signed into law before the end of the year. I very
much hope we can do so.
A great deal of work on both sides of the aisle has gone into
producing this bill. I thank my colleagues for their support, and I
thank my staff--Christina Evans on my immediate left, BG Wright on my
far left, and Chad Schulken who is back in the staff dock--and also
Senator Hutchison's staff--Dennis Balkham, Sean Knowles, and Rose
Fabia--for the long hours and great effort they have put into this
bill.
The bill is a direct result of a remarkable working relationship
between Senator Hutchison and myself and between her staff and my
staff. I thank the chairman again for this warmth and most particularly
for her leadership. I am very pleased to recommend passage of this bill
to the full Senate.
I yield the floor.
The PRESIDING OFFICER. The Senator from Texas is recognized.
Mrs. HUTCHISON. Madam President, I agree with Senator Feinstein's
statement completely that we should pass this bill. I think it would be
irresponsible, honestly, for us not to fund the priorities and the
increases that are in this bill for our veterans and our military
construction projects. So I will make every effort to ensure that we do
have this bill go to conference, and I think we will be very close with
the House on the conference items.
I do believe we can get this bill to the President. Frankly, I think
there are other appropriations bills that would be in the same
situation. We have new projects in many of the pieces of legislation. I
cannot think of an appropriations bill that is not bipartisan. So it is
my hope that we can keep the priorities and spending that we have
worked very hard all of this year to produce in all of the
appropriations bills, rather than rely on a continuing resolution that
does not take into account the bipartisan efforts that have been made
to fund the priorities of today. That is especially true in our bill
because it is ongoing, defense-related items, but I think there are
other bills that have the same kinds of priorities and necessities as
well. So we will work together in our bipartisan way and try to make
sure that happens.
I will just say once again that if any of our colleagues have
amendments,

[[Page S10856]]

now is the time to notify us, by the close of business today, 5
o'clock. It is our hope to dispose of amendments starting at 2:15
tomorrow. I am told that votes could occur any time after 2:15, and the
offices will be appropriately notified.
Let me end by saying that I, too, want to give so much credit to
Senator Feinstein's staff and my staff who have a great working
relationship. They work the long hours and they do so much behind the
scenes that makes everything come together--the amounts that we have in
the budget resolution and the allocations on the Appropriations
Committee and all of the different factors that go into an
appropriations bill. They do a great job. I thank Senator Feinstein's
three staff members, and my three staff members, who were named by
Senator Feinstein earlier.
Mr. GREGG. Mr. President, the pending Military Construction and
Veterans Affairs appropriations bill for fiscal year 2007, H.R. 5385,
as reported by the Senate Committee on Appropriations provides $89.861
billion in budget authority and $84.956 billion in outlays in fiscal
year 2007 for the Military Construction and the Department of Veterans
Affairs programs. Of these totals, $36.961 billion in budget authority
and $36.814 billion outlays are for mandatory programs in fiscal year
2007.
The bill provides total discretionary budget authority in fiscal year
2007 of $52.900 billion. This amount is $111 million above the
President's request, at the 302(b) allocations adopted by the Senate,
$8.8 billion above fiscal year 2006 enacted levels, and $41.8 billion
below the House-passed bill.
As my colleagues know, the large difference with the House funding
level is due to the difference in allocations. This is primarily due to
the Defense Health Program in the Senate's Defense allocation but in
the House's Military Quality of Life and Veteran's Affairs allocation.
I commend the distinguished chairman of the Appropriations Committee
for bringing this legislation before the Senate, and I ask unanimous
consent that a table displaying the Budget Committee scoring of the
bill be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:

H.R. 5385, 2007 MILITARY CONSTRUCTION AND VETERANS AFFAIRS
APPROPRIATIONS, SPENDING COMPARISONS--SENATE-REPORTED BILL
[Fiscal Year 2007, $ millions]
------------------------------------------------------------------------
General
Purpose     Mandatory      Total
------------------------------------------------------------------------
Senate-reported bill:
Budget authority.............       52,900       36,961       89,861
Outlays......................       48,142       36,814       84,956
Senate 302(b) allocation:
Budget authority.............       52,900       36,961       89,861
Outlays......................            *            *            *
2006 Enacted:
Budget authority.............       44,143       38,188       82,331
Outlays......................       41,803       38,093       79,896
President's request:
Budget authority.............       52,789       36,388       89,177
Outlays......................       46,782       36,284       83,066
House-passed bill: \1\
Budget authority.............       94,705       36,388      131,093
Outlays......................       89,448       36,284      125,732
Senate-reported bill compared to:
Senate 302(b) allocation:
Budget authority.........            0            0            0
Outlays..................           na           na           na
2006 Enacted:
Budget authority.........        8,757       -1,227        7,530
Outlays..................        6,339       -1,279        5,060
President's request:
Budget authority.........          111          573          684
Outlays..................        1,360          530        1,890
House-passed bill: \1\
Budget authority.........      -41,805          573      -41,232
Outlays..................      -41,306          530      -40,776
------------------------------------------------------------------------
* There is no outlay allocation in the Senate for 2007 appropriations
bills.
\1\ House and Senate bills having different jurisdictions.

Note: Details may not add to totals due to rounding. Totals adjusted for
consistency with scorekeeping conventions.

Mr. GREGG. Madam President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. AKAKA. Mr. President, I ask unanimous consent the order for the
quorum call be rescinded.
The PRESIDING OFFICER (Mr. Alexander). Without objection, it is so
ordered.

Amendment No. 5128

Mr. AKAKA. Mr. President, I would like to call up my amendment for
funding for VA oversight. I am talking about properly funding the VA
Inspector General's Office. I do have an amendment at the desk.
The PRESIDING OFFICER. The clerk will report.
The assistant legislative clerk read as follows:

The Senator from Hawaii [Mr. Akaka], for himself and Mr.
Obama, proposes an amendment numbered 5128.

Mr. AKAKA. I ask unanimous consent the reading of the amendment be
dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:

(Purpose: To provide, with an offset, an additional $2,500,000 for the
Department of Veterans Affairs for the Office of Inspector General)

At the end of title II, add the following:
Sec. __. (a) Additional Amount for Office of Inspector
General of Department of Veterans Affairs.--The amount
appropriated by this title under the heading ``Office of
Inspector General'' is hereby increased by $2,500,000.
(b) Offset.--The amount appropriated by this title under
the heading ``Construction, Major Projects'' is hereby
reduced by $2,500,000.

Mr. AKAKA. Mr. President, I want to say at the outset that I am
cognizant of the constraints placed upon the Appropriations Committee
and I am very pleased that funding has been included to obviate the
need for the administration's proposals to charge veterans more for
their care.
That said, I don't believe it is in anyone's interest--least of all
veterans--to cut funding for the VA watchdog, the inspector general.
The President's budget and this VA-MilCon bill both call for a
reduction in 27 IG staff members.
Our amendment seeks to restore this cut and ensure the IG can do his
job by adding $2.5 million in resources. The money for this amendment
would be drawn from the construction account and would amount to only a
half of a percent of the entire account.
If this bill is enacted as is, the OIG oversight function would
suffer. There would be an increased risk of criminal activity, waste,
and abuse across VA programs and operations. It would result in fewer
monetary benefits in a time of fiscal restraint, fewer reports with
recommendations for improved economy and efficiencies, and fewer
arrests, indictments, and convictions of individuals who prey on
America's veterans or seek to defraud VA. The loss of staff would
markedly diminish the IG's ability to address complex issues such as
the recent loss of VA data and other information technology issues.
Furthermore, it would reverse the recent trend of the OIG expanding
its truly independent oversight of VA's health care programs and
operations and reduce OIG field presence where veterans receive care at
VA facilities across the Nation.
During the recent VA data theft incident, had it not been for the
diligence of investigators from the VA IG's office, it is likely it
would have taken even longer for the Secretary, Congress and affected
veterans to have learned of the loss.
Now is not the time to cut the IG's funding and staff. Clearly, it is
more important than ever that VA has the effective internal oversight
that only a robust and fully funded Inspector General's Office can
provide.
The authors of the VA independent budget realize this and have
written a letter to the House and Senate leadership in support of the
amendment.
I ask unanimous consent that the letter be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:

The Independent Budget,

Washington, DC, November 13, 2006.
Speaker of the House Hastert,
House Minority Leader Pelosi,
House of Representatives,
Senate Majority Leader Frist,
Senate Minority Leader Reid,
U.S. Senate, Washington, DC.
Dear ___: We write on behalf of AMVETS, Disabled American
Veterans, Veterans of Foreign Wars of the United States, and
Paralyzed Veterans of America, joint authors of the
Independent Budget, on a matter of concern dealing with the
Department of Veterans Affairs (VA) Office of Inspector
General (OIG).
Like most Federal agencies, VA currently is subject to a
Continuing Resolution until Congress passes VA's
appropriations act, which may not occur until very late this
calendar year, or perhaps even later. Because the proposed
fiscal year 2007 appropriation

[[Page S10857]]

for VA's OIG is expected to result in a significant
shortfall, we understand VA is preparing to take steps to
develop a plan to reduce spending in that office. We also
understand that the principal strategy will be a reduction in
the number of OIG employees through attrition of the existing
work force.
The VA OIG budget is formulated based on 458 full-time
employee equivalents (FTEE). However, that office is
currently staffed at 473 FTEE. The longer that office remains
above 458 FTEE, the more they will be required to reduce
staffing in order to achieve the lower FTEE limitation. Given
this situation, we have been advised that a number of steps
are being taken or are planned, including not filling vacant
positions except on a case-by-case examination of need versus
alternatives.
While we sometimes disagree with findings in a particular
OIG review or investigation, the OIG constitutes a major
segment of VA's management system to assure accountability,
and within VA serves as an independent voice on patient
safety, health care quality, financial stewardship, systems
and facilities management and data integrity. Reducing the
OIG's ability to carry out such vital functions, even on a
marginal basis as has been proposed, ultimately could put
veterans in jeopardy. We understand Senator Daniel Akaka has
proposed an amendment to the Fiscal Year 2007 Veterans
Affairs-Military Quality of Life appropriations bill that
would replenish these funds to the OIG. We strongly support
Senator Akaka's proposal and urge the House and Senate
Leadership to include funds associated with Senator Akaka's
amendment in the final conference report on VA's
appropriation for the new fiscal year. We believe this small
investment will pay very large dividends for veterans who
need and use VA services.
We appreciate your attention to this request.
Sincerely,
David G. Greineder,
Acting National Legislative Director, AMVETS;
Carl Blake,
Acting National Legislative Director, Paralyzed Veterans of
America;
Joseph C. Violante,
National Legislative Director, Disabled American Veterans;
Dennis Cullinan,
National Legislative Director, Veterans of Foreign Wars of
the United States.

Mr. AKAKA. Mr. President, I urge my colleagues to support this
amendment. This is a small amount of money relative to the overall
spending in this bill. Indeed, such a modest amount is essential to
ensuring the billions included in this bill are spent wisely.
Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. DeWINE. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. DeWINE. I ask unanimous consent to speak as in morning business.
The PRESIDING OFFICER. Without objection, it is so ordered.

Honoring Our Armed Forces

lance corporal eric benholtz

Mr. DeWine. Mr. President, I rise today to honor a brave young man
from my home State of Ohio, Marine LCpl Eric Bernholtz. Lance Corporal
Bernholtz was killed on August 3, 2005, when an improvised explosive
device detonated under his military vehicle during combat operations
south of Haditha, Iraq. He is survived by his parents, James and
Catherine, his brother Adam and sister-in-law Sarah, and his long-time
girlfriend Erica Scott.
Growing up in Grove City, OH, Eric enjoyed playing sports and video
games with his friends. Eric loved children; his father said that even
when he was in high school, little kids would knock on the door and
say, ``Can Eric come out and play?'' He enjoyed reading and rock
climbing and talked about becoming a firefighter and remodeling houses.
Shortly after the attacks of September 11, Eric decided that he wanted
to serve his country. He decided to do so by enlisting in the Marines
in 2003.
Former neighbor Andy Unger described the 23-year-old Marine Reservist
as a carefree kid who found his focus in the military. Jim, Eric's
father, agreed that his son had found what he was looking for in the
military, even though he knew it meant fighting in Iraq. These are
Jim's words describing a conversation he had with his Eric: ``When Eric
told me he had joined the Marines I said, `You know you will have to go
over there.' And he told me, `Somebody has to do this Dad.' He wanted
to be one of those people.''
Grove City High School guidance counselor John Hampson knew Eric well
and said that he was simply the kind of person who always made others
feel good. ``He would always greet you,'' John recalls. ``He was always
making a point to go out of his way to say hello. He knew how to have
fun, but to have fun in an appropriate manner.'' He remembers Eric as a
jokester who liked to make everyone laugh and that he talked of being a
firefighter when he ended his tour of duty.
The night before Eric's funeral, his friends shared humorous stories
about their friend the prankster. They recalled how they would sneak
into church to play basketball, drink chocolate milkshakes, and talk
all night. In the words of his childhood friend, Brent Carman, ``There
was never a moment without a joke or a smile.'' They laughed about
Eric's trademark footwear, which he called ``shandals.'' This
particular style involved Eric cutting off the toes and heels off his
old gym shoes, and hence turning them into something resembling
sandals. Dave Montgomery, a friend, reflected that Eric was simply the
type of person who loved life.
At Eric's funeral, the Reverend Rob Paugh laughingly recalled his
navigational skills. ``Eric thought he had a sense of direction'' he
said. He then shared a story about how Eric once managed to find a
wedding in Louisiana by simply driving south--without knowing either
the name of the town or the church. The minister was amazed to see him
there in a suit--but no socks.
Eric was a man of tremendous dedication--dedication to his family and
friends and dedication to his faith. A devoted member of the Grove City
Church of the Nazarene, Eric spent much of his time and energy there.
He acted in church dramas and coached church youth sports teams.
Those close to Eric said he was known for being full of life and
personality, having a soft-spoken heart and a love of God. These same
friends stood watch over Eric from the time the Marines brought his
body to the funeral home until the morning of his burial.
And on July 19, few weeks before his death, this is what he told his
mother over the phone: ``I'm not afraid and you know, Mom, if something
happens to me, I'm okay with Jesus. I'm fine. You're going to see me
again.''
Other friends have also reflected upon how important his faith was to
Eric. Jerrod ``Butter'' Watson of Newark, OH, said:

Eric was a solider for our country but more importantly,
for God. He is guarding the gates of heaven now. We mourn the
loss of such an honorable young man but rejoice that he is in
a far better place and we will see him soon. May God bless
the family and friends left behind. I am honored to have
known such an amazing man of faith and courage. He will never
be forgotten.

A fellow marine commented upon his friendship with Eric Bernholtz,
also making special note of his strong faith in the Lord:

[Eric] was a solid Marine, with endless potential. I know
he's in a better place now. He would never shy away from his
faith and would try to convince others to believe. I remember
that being one of his greatest qualities. I was always
envious of his faith in the Lord. He will be greatly missed,
and the Marine Corps is just a little bit weaker without him.
To his parents, I couldn't have met a better man. I grieve
with you, but couldn't begin to understand your pain. Be
proud of Eric, he was a great person. To Eric, so long
friend, I look forward to the day we meet again.

This strength in the Lord also gives Eric's parents the necessary
willpower to make it through the loss of their beloved son. Jim
Bernholtz said that when he and his wife learned of their Eric's death,
the Lord gave them both peace right away. They miss him every day but
they know exactly where Eric is. In an interview, Jim said that in
twenty-some-odd years he would be shaking hands with his son agaln.
Eric Bernholtz was a brave young man who always wanted to do the
right thing. His father said, ``Eric told me when he was on the phone
with me last, 'Dad, I'm not scared. I'm ready to come home, but I now
have to finish what I came here to do.' ''
His parents Jim and Cathy remember Eric as a ``constant joy.'' Even
when he

[[Page S10858]]

came home late, missing his curfew by minutes, as upset as they would
try to be with him he would have them all laughing together within
minutes.
At his brother's funeral, Adam Bernholtz, who is deaf, gave the
eulogy in sign language. Eric was his best friend growing up and was
his bridge to the hearing world. Eric grew up with sign language as
much as the spoken word and fit into the deaf world as easily as the
hearing. As Adam finished, he signed: ``I love you. I can't wait to run
and hug you when I see you again.''
Eric Bernholtz will be greatly missed by all those who had the
privilege of knowing and loving him. I am so honored to have been given
the privilege of sharing his bravery with all of you today. Fran and I
continue to pray for this courageous young man and his family.

lance corporal christopher j. dyer

Mr. President, this afternoon I would also like to speak about a
fellow Ohioan who gave his life during Operation Iraqi Freedom--Marine
LCpl Christopher J. Dyer, from Evendale, OH. On August 3, 2005, Lance
Corporal Dyer died near Haditha, Iraq, when a roadside bomb exploded
under his vehicle.
Chris was only 19 years old when he gave his life in service to this
Nation. But 19 years was more than enough time for him to inspire all
who knew him. There are very few--young or old--who live with the same
determination and joy that Chris did. Jason Rosser, one of his
classmates and friends, remembers that Chris ``lived every day to the
fullest--if I was given 100 years more, I still couldn't catch up to
him.''
Winston Churchill once said something that was very simple, but which
perfectly illustrates the life of Chris Dyer--``Never, never, never
give up.'' Chris never gave up. No matter how difficult the challenge,
he wasn't satisfied unless he excelled at it. In fact, Chris
consistently sought out challenges that tested him both mentally and
physically. Giving up simply wasn't an option in his world. He was the
kind of person who sets goals--and then achieves them.
Chris graduated with honors from Princeton High School in 2004. He
had excelled in his classes, taking 5 years of German and 3 of physics.
``If there was a tougher course to take,'' his father, John, recalls,
``he wanted to take it. He was such a fine young man.''
Chris was well-rounded. He played viola in the orchestra and dove for
the swim team. His teammates remember his drive to excel in all sports,
even though he wasn't always the athlete who had the most natural
ability. His father, John, remembers that Chris played football for the
first time in eighth grade--and was team captain by the end of the
season. And during one high school swim meet, Chris attempted a dive
that fell somewhat short of what a dive should be--he belly flopped
into the water with a loud smacking noise. But 5 minutes later, Chris
was bravely climbing the ladder once again--still red from the slapping
of the water.
Princeton High School Principal Ray Spicher said:

Chris was a young man who had tremendous drive and
tremendous potential. He was really intense about a lot of
aspects of life but also fun-loving. He knew how to have a
good time. Chris was the kind of guy we would all hope our
kids would grow up to be like.
Chris was also involved in his community, and took the time to write
to the second- and third-graders in a Sunday school class, thanking
them for the letters they had sent him in Iraq--correspondence he had
enjoyed sharing with his fellow marines.
I have talked about Chris the honors student and Chris the athlete.
It is time for me to talk about Chris, the marine.
Chris joined the Marines out of a strong sense of duty, and because
he felt it was an honor to serve. Growing up, Chris had kept his sights
on his goal of one day serving his country. In high school, the
advanced studies coordinator at Princeton High, Tim Dugan, was also an
ex-Marine. He and Chris grew close, and had many discussions about
Chris's own interest in joining the Corps.
Chris also viewed the Marines as the ultimate challenge. His father,
John, recalls that his son joined the Marines for two reasons. One was
to serve his country, and the other was to prove himself as one of the
best. For Chris, the Marines were just another way of testing himself.
Chris also understood what it truly meant to be a marine. John
remembers walking with his son just after he graduated from boot camp.
These were Chris's words:

Dad, I know you're going to be worried. I don't want you to
worry. I'm going to come home. I couldn't be any happier with
what I am in life right now. Dad, I know this is hard for
you, but if it comes to it and I have to give my life for one
of my fellow Marines, I'll do it without thinking.

John says that the Marines gave Chris the focus that helped him
fulfill his enormous potential. ``I think, for him not to reach his
dreams,'' John said, ``would have killed him just as much as that bomb
in Iraq.'' Upon arriving in Iraq, Chris was offered a job training
Iraqis. Although this meant an immediate promotion and a job off the
front lines, Chris--who was the only PFC in his company to carry a
squad automatic weapon, or SAW--refused. He explained his decision in a
long letter to his father, writing:

I was offered that job training Iraqis. But, Dad, I'm a SAW
gunner, and you know what that firepower means to my squad,
so I turned it down. So, no promotion, no safe haven, no
worries.

I think Chris's letter says a lot about the type of marine he was--
and about the type of marines he served with.
Chris was a member of Lima Company, which lost thirteen other men--
eight of them from Ohio--on the day Chris died. It was a tragedy felt
not only by Ohio but by the entire Nation. The bond among these men was
something not seen everyday. Chris' father, John, remembers that his
son described them as closer than brothers. In video footage of the
unit in Iraq, the musical Chris is seen strumming his guitar and
singing Puff the Magic Dragon, while his Marine brothers laugh around
him.
I attended Chris' funeral at Arlington Cemetery and was honored to
meet his family and friends, who have been truly inspired by his
strength of character and dedication to his country. Chris' little
sister Sarah has also enlisted in the Marines, and is currently
attending the Ohio State University on a Navy ROTC scholarship. She
obtained her parents' permission to graduate from high school a year
early, and was the second youngest recruit in her graduating class at
Parris Island. ``My brother did influence my decision in that he wanted
to serve his country,'' she said. ``He realized we have so many
freedoms. We have a debt to society.''
Sarah wrote the following poem in honor of her brother:

Dear Dear Brother
You have gone home,
To your Father, your Savior,
Your Kingdom is come.
Dear Dear Brother,
You fought bravely as a knight,
You are a Devil Dog with the fiercest bite.
Dear Dear Brother
We miss you so,
Your father, mother, sisters.
All your friends and Joe.
Dear Dear Brother
We will see you again,
After triumphs, and troubles, and all of our pain.
Dear dear brother,
Stay Tough on high.
We will remember you.
SEMPER FI

A bright future awaited Chris Dyer. He had been accepted into the
honors program at the Ohio State University and was planning to study
finance so that he could become a partner in an investment firm. In the
last email he sent to his father, he asked that his coming home party
include salmon, burgers, steaks, and brats. He wanted to purchase a
1999 Jeep Grand Cherokee, complete with power V-6 and a Moon roof.
Chris also wrote that he wouldn't be working during the few months he
was home before beginning classes--he was going to take that time to
get his pilot's license, something that had been his dream for years.
In a mural painted in his memory, a plane flies across a midnight blue
background towards a single star representing Chris' spirit.
Chris Dyer was a man who was always reaching for the next goal, the
next accomplishment. With his life he selflessly defended the values
that we all cherish--freedom, liberty, and democracy. His mother,
Kathy, spoke as Chris during a memorial service in his honor. ``Today I
am not a fallen hero,'' she said. ``I am a risen one.''
There is no one for whom that statement could be truer than Chris
Dyer.

[[Page S10859]]

He always wanted to be the absolute best in whatever he did, be it a
new sport, an honors student, a caring brother, or a marine. His
parents John can take comfort in knowing that their son was successful
in all of the above.
My wife Fran and I wish to express our deepest thanks to Christopher
Dyer for giving his life for our freedom. We will keep his family--his
parents John Dyer and Kathy Dyer, and his sisters Laura and Sarah--in
our thoughts and prayers.

Lance Corporal Daniel Mc Vicker

Mr. President, this afternoon I come to the Senate floor to pay
tribute to a remarkable young man and a fellow Ohioan--Marine LCpl
Daniel M. McVicker from Alliance, OH. Lance Corporal McVicker was
killed in the city of Al Qaim, Iraq on October 6, 2005, while driving
an armored vehicle that was hit by a roadside bomb. He was 20 years
old.
Daniel is survived by his father and stepmother, Mark and Irma
McVicker, and his mother and stepfather, Carey and Bill Meissner. He
was also the loving brother of Mollie McVicker and Eddie Ricci. Daniel
is also survived by his grandparents Chet and Nancy Wiley; his
grandfather Morgan McVicker; and his great-grandmother Dorothy Bingham.
Danny--as he was known to family and friends--lived his life to the
fullest. His mother, Carey, remembers him as ``a wonderful son and a
guy who always liked to have fun.'' He had many interests, and was
deeply involved in school extracurricular activities. As a freshman at
West Branch High School in Beloit OH, he wrestled and played football
until he injured his ankle. But this didn't stop Danny, who quickly
turned to a new love--music.
He joined the school's concert choir and became a favorite
participant in West Branch's annual spring musicals, playing roles in
``Guys and Dolls,'' ``The Wizard of Oz,'' and ``Grease.'' During his
junior and senior year, he joined the school's highly competitive
ensemble choir, Young and Alive, and also traveled to perform at
Disneyland. And during his senior year, Danny earned the honor of being
elected by his peers as ``Assistant Warrior Chief,'' one of three
mascots for the school.
Danny was something we could all aspire to--a young man who simply
had the confidence to be himself. This is what his father, Mark
McVicker, had to say about him:

He had his own drum and people loved him for it. If you met
him, you loved him. He was very strong, very friendly, very
popular.

Dr. Scott Weingart, the superintendent of West Branch High School,
expressed a similar sentiment. He said:

Our students remember Dan McVicker as a student who was
nice to everyone, who had friends in many, many different
circles.

And Mr. John Zamarelli, Danny's music teacher, described Danny as
``the rarest of teenagers--one so secure that he never worried about
what anybody thought of him.''
Danny was indeed an individual with many interests. But his strongest
passion was the desire to serve our Nation. Danny and his friends were
only high school juniors when the September 11, 2001, terrorist attacks
occurred. And yet they were deeply moved by the events of that day.
Inspired to serve his country, Danny joined the Marines Corp shortly
after he graduated in 2003. Nine of his classmates joined along with
him, all motivated by the same desire. Together, these young men gave
new meaning to the mascot of West Branch--the Warriors.
Dr. Weingart was not surprised when he learned that Danny had decided
to enlist. ``He was just that kind of young man,'' he said.
Once Danny made the decision to enlist in the Marines, he was
surrounded by love and support. Eleven family members accompanied him
to his enlistment ceremony in Cleveland. They were all very proud.
In Iraq, Danny served in the Combat Logistics Battalion Security
Company, providing security for convoys as part of the II Marine
Expeditionary Force. His fellow marines thought very highly of him. Joe
Vickery of Mantua, Ohio, remembers that he saw Danny ``transform into a
great marine.'' In Joe's words, Danny ``never gave up.''
Indeed, Danny was a great marine who ``knew what he had to do.''
While stationed at the Marine Corps Air Station in Cherry Point, NC, he
volunteered to go to Iraq on several occasions. In the words of his
father, Mark:

He truly felt like he wasn't contributing unless he was
over there.

This was just typical of Danny. He was always willing to help out--be
it his country, community, or fellow man. He was a proud member of the
First Brethren Church of North Georgetown, someone deeply rooted in his
church and community. After joining the Marines, he corresponded on a
regular basis with his pastor, Rev. Mitchell Funkhouser. Reverend
Funkhouser particularly recalls one letter, the last that Danny sent.
Referring to his duty to protect the other troops, Danny had written:

They called us the Guardians. It's a humbling title.

I would like to share a story that his father Mark relates about
Danny, who had wanted to get a tattoo since he was 18, but waited until
he joined the Marines to do so. Danny had waited until after his 18th
birthday to enlist because he wanted to sign up on his own--he didn't
want his dad to do it for him. Well, Danny talked over the tattoo
decision with his father Mark and his stepmother Irma. A Bible verse
was what he wanted, he said, thinking that because it was religious
they would agree to it quicker. As his father, Mark, says:

So one Sunday the three of us sat down in the living room
and researched the Bible. He said I want something that
describes strength and it must be in the Book of Daniel.

Mark and Irma--but mostly Danny--agreed after a couple hours of Bible
study that Daniel 10:6 was going to be his first tattoo once he was a
Marine. Danny unveiled the new tattoo that Thanksgiving. It was on his
left shoulder and read:

His body also was like the beryl, and his face as the
appearance of lightning, and his eyes as lamps of fire, and
his arms and his feet like in colour to polished brass, and
the voice of his words like the voice of a multitude.

Danny was proud of the chosen verse, and Mark himself even agreed
that it was a nice-looking tattoo. And 10/6--the number of the Bible
verse that Danny chose--also became the month and day that he died a
hero serving his Nation, a symbol of strength and dedication.
Danny McVicker was dearly loved and respected by all who knew him.
Over 400 friends, neighbors, and strangers came to his funeral to pay
their respects. At the funeral, Danny's old roommate, Marine Corporal
Ben Fiddler, said that ``having Daniel as a friend was a blessing.''
Danny's schoolmates at West Branch felt the same way. After his
death, they honored him with a makeshift memorial in front of the
school. The school has also formalized a tribute by naming a senior
award in his honor, and a moment of silence was observed in his honor
before a West End versus Alliance High School football game, a game
which Danny's Warriors won with a thrilling, last minute field goal.
Indeed, his family, friends, and neighbors will never forget Danny
McVicker. He lived life to the fullest, and was model of what we all
hope our children will become. His heart was big, and he had a
tremendous sense of dedication to his family, community, and country.
His parents should be applauded for having raised such a wonderful son
and patriot.
My wife Fran and I will continue to keep the family of Daniel
McVicker in our thoughts and prayers.
I yield the floor and suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. DeWINE. Mr. President, I ask unanimous consent that the order for
the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.

____________________