[Congressional Record Volume 152, Number 127 (Monday, November 13, 2006)]
[Senate]
[Pages S10848-S10859]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    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.

                          ____________________