Congressional Record, Volume 152 Issue 135 (Friday, December 8, 2006)

[Congressional Record Volume 152, Number 135 (Friday, December 8, 2006)]
[Senate]
[Pages S11609-S11623]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

VETERANS' ACCOMPLISHMENTS AND S. 3421

Mr. CRAIG. Mr. President, I have sought recognition in these waning
hours of the 109th Congress to provide a summary of the good work
accomplished over the last 2 years on behalf of America's veterans, and
to comment on comprehensive legislation that is now pending in the
Senate. I provide this summary in my capacity as chairman of the
Committee on Veterans' Affairs, a title I will soon pass on to my
friend, Senator Danny Akaka of Hawaii.
Before the 109th Congress convened, I made a decision to serve as
chairman of the Committee on Veterans' Affairs

[[Page S11610]]

for two fundamental reasons. The first and most important was that our
country was at war and continues to be at war, and a nation at war,
with hundreds of thousands of young men and women having spent
extensive tours overseas in hostile lands, fighting for our country,
deserves the full attention of the Senate. Many have died during the
course of combat operations. Others have been seriously wounded.
Thousands more will transition out of the military service in the
coming years and will attempt to reenter the workforce or go to school
under the Montgomery GI bill. There simply was no greater calling than
for me to assume the leadership role to ensure our Government was
effectively assisting the current generation of America's veterans and
their families.
Second, I have always been nonplused, I guess, at the
characterization that the Committee on Veterans' Affairs was a ``B''
committee. This characterization exists despite these facts. Mr.
President, 24 million Americans have served in the military and are
potentially eligible for VA-administered benefits. In addition, VA will
soon have a budget over $80 billion, which is one of the largest and
fastest growing budgets within Government. And finally, VA has the
second largest Federal workforce of any Government agency.
Therefore, it was my goal to elevate the committee's profile and the
importance of the veterans' benefits and services by embarking on a
course of vigorous oversight and legislative effort and, I believe,
accomplishment.
It is my humble opinion that I share the credit with 13 other members
of the committee. One of them is here on the floor with me, Senator Kay
Bailey Hutchison of Texas, who also served not only on the authorizing
committee with me but chairs VA MilCon and has played a critical role
in veterans issues. We have been diligent and active participants of
the committee, and the business of this committee, in my opinion, has
been extremely productive in the last 2 years.
The committee held 52 hearings during the 109th Congress. From the
start, our focus was on the combat wounded, the combat deceased, and
their families. We held a hearing on the difficulty that surviving
spouses have in getting timely and effective, consistent information
regarding their benefits following the active-duty death of their loved
one.
We held several hearings on whether returned combat veterans are
provided with a seamless transition--many of us have heard those words
used--from active duty to civilian life. We are still working with DOD
on that, to make sure it is truly seamless.
We focused on medical and vocational needs of our severely wounded.
We examined the research being done within the VA to advance our
understanding of various diseases and disabilities confronting veterans
in the hope that advances in medical science and technology could one
day improve their lives. And there is clear evidence today that that
very thing is happening.
The committee was particularly active in examining VA's budget needs,
and no one can argue about the high priority this Congress placed on
funding the VA system.
The total VA budget will have increased from approximately $63
billion at the end of fiscal year 2004 to over $80 billion upon
enactment of a fiscal year 2007 appropriations bill, an increase of 27
percent.
In addition to resources provided, this Congress has put in place a
system of accountability to ensure that the appropriations provided to
VA are being used to meet the needs of those who rely on the vital
health care provided by VA facilities around the Nation.
By law, VA now submits quarterly reports to the Congress on its
budget that contain a comparison between VA's planned expenditures and
actual expenditures.
More importantly, VA is required to include quality indicators in
this report, such as the percentage of primary care appointments
scheduled within 30 days of a patient's desired date.
I am confident that the Congress has the mechanisms in place to know,
on short order, if VA's budget needs are outpacing its resources, and
is therefore equipped to take swift remedial action if necessary.
On the legislative front, the Senate has continued to do the work
expected of it by the men and women we serve and represent. Let me give
a quick accounting of the legislative provisions that were enacted into
law during this Congress:
First S. 1234 and S. 2562. In both the first and second sessions of
the Congress, cost-of-living-adjustment legislation was enacted to
increase the rates of disability compensation and survivors'
compensation. Benefit rates were increased by 4.1 percent for 2006 and
will be increased by 3.3 percent for 2007.
Second, Traumatic Injury Protection under Servicemembers' Group Life
Insurance, T-SGLI. In many instances the wives, parents, and other
family members of servicemembers who are traumatically injured incur
substantial financial obligations in order to spend time with their
loved ones during recovery periods at military hospitals.
Under the provisions of Public Law 109-13, those traumatically
wounded since the start of OIF and OEF as a result of combat wounds are
eligible for financial payments which range from $25,000 to $100,000
for qualifying injuries, depending on severity. To date, more than
2.500 wounded servicemembers have received payments as a direct result
of this legislation.
As of December 1, 2005, all servicemembers and Reservists insured
under the Servicemembers' Group Life Insurance program are also covered
under the T-SGLI benefit. The coverage extends to all qualifying
injuries regardless of whether injuries are incurred as a result of
combat.
Under the provisions of H.R. 3200, the maximum coverage for members
of the Armed Forces and veterans of the Service Members Group Life
Insurance and the Veterans Group Life Insurance benefit was increased
from $250,000 to $400,000.
The bill, as enacted, also requires that spouses be notified when
members insured under T-SGLI elect less than maximum coverage or
designate a beneficiary other than the spouse or the children or the
child.
In fiscal year 2006, the National Defense Authorization Act, H.R.
1815, under provisions of H.R. 1815 and as a result of veterans
committees oversights, the Department of Defense was directed to
provide customized integrated information to survivors of those killed
on active duty about their future Federal benefits through an Internet
Web site.
I was amazed when we started these hearings that we were still
dealing with a hodgepodge of approaches of how we dealt with the
surviving spouse of a lost one.
DOD was also directed to develop a uniform policy on providing
casualty assistance to survivors. I would like to especially thank
Senators Warner and Levin for their cooperation on that bill.
Also under H.R. 1815, a provision was adopted to prohibit military
funeral honors and burial in VA national cemeteries and in Arlington
National Cemetery to any person who is convicted of a Federal or State
capital murder for which a sentence of death or life in prison may be
imposed
We had an example of a fellow from Maryland who had killed two
elderly people and was sentenced to death, died in prison, and was
buried at Arlington. This provision was adopted following our
committee's oversight and hearing of that double murder that I just
expressed. I will speak more to my colleagues about the status of the
double murder incident in a moment.
In June of 2006 President Bush signed into law S. 1235, a bill to
help severely injured servicemembers in their transition from the
military to their civilian lives. It authorizes VA to make grants
available--ranging from $2,000 to $14,000--to assist with housing
adaptations on a family member's home in which a severely disabled
veteran is living.
It allows servicemembers, who have been legally determined 100
percent disabled when they separated from the military, up to 2 years
from that date to apply for premium-free Servicemembers' Group Life
Insurance coverage. Finally, it enables them to convert their coverage
to Veterans' Group Life Insurance, or an individual plan or policy,
during the same 2-year period.
As to H.R. 5037, undoubtedly most of my colleagues are aware of the
fringe

[[Page S11611]]

group which has used its protected free speech rights to deliberately
disrupt funerals of our military heroes. That is why the Senate voted
unanimously to put reasonable restrictions on demonstrations at VA
cemeteries and Arlington National Cemetery.
An amendment was put forward on the floor of the Senate balancing the
rights of grieving families to a dignified funeral ceremony; the rights
of private property owners who live near cemeteries to be free from
overly intrusive Federal laws; and the rights of demonstrators to have
their message heard. The amendment was accepted, the bill was passed,
and it is now Federal law.
In addition to the bills already enacted into law, the House and
Senate Committees on Veterans' Affairs have agreed on a comprehensive
substitute amendment to S. 3421, which has cleared the House and awaits
Senate action. I urge my colleagues to support this important bill.
S. 3421, the ``Veterans Benefits. Health Care, and Information
Technology Act of 2006,'' contains provisions that would: enhance
veterans' health, education, memorial affairs, and other benefit
programs; improve VA's information technology infrastructure; authorize
the construction of needed VA medical facilities; improve services for
homeless veterans; remove the remains of a convicted double murderer
from Arlington National Cemetery; and, I am proud to say, repeal an
outdated and paternalistic law that limits the ability of veterans to
hire an attorney to represent them during the VA claims process.
While a fuller accounting of the provisions of S. 3421 can be found
in the Joint Explanatory Statement language accompanying the amendment
text in the Congressional Record--and I ask unanimous consent that the
Joint Explanatory Statement be printed in the Record along with the
text of the substitute amendment to S. 3421,--I will make a few remarks
about three provisions of note that I have championed.
There being no objection, the material was ordered to be printed in
the Record, as follows:

JOINT EXPLANATORY STATEMENT ON AMENDMENT TO SENATE BILL, S. 3421, AS
AMENDED

S. 3421, as amended, the ``Veterans Benefits, Healthcare,
and Information Technology Act of 2006,'' reflects a
Compromise Agreement reached by the House and Senate
Committees on Veterans' Affairs (the Committees) on the
following bills reported during the 109th Congress: H.R.
1220, as amended, H.R. 3082, as amended, H.R. 5815, as
amended, H.R. 5835, as amended, H.R. 6314, H.R. 6342 (House
Bills) and S. 716, S. 1182, as amended, S. 2694, as amended,
and S. 3421, as amended (Senate Bills).
H.R. 1220, as amended, passed the House on July 13, 2005;
H.R. 3082, as amended, passed the House on July 24, 2006;
H.R. 5815, as amended, passed the House on September 13,
2006; H.R. 5835, as amended, passed the House on September
26, 2006; H.R. 6314 passed the House on November 14, 2006;
H.R. 6342 passed the House on December 6, 2006 and passed the
Senate on December 7, 2006; S. 716 passed the Senate on
December 22, 2005; S. 1182, as amended, passed the Senate on
December 22, 2005; S. 2694, as amended, passed the Senate on
August 3, 2006; and S. 3421 passed the Senate on September
26, 2006.
The Committees have prepared the following explanation of
S. 3421, as further amended, to reflect a compromise
agreement between the Committees (Compromise Agreement).
Differences between the provisions contained in the
Compromise Agreement and the related provisions of the House
Bills and the Senate Bills are noted in this document, except
for clerical corrections, conforming changes made necessary
by the Compromise Agreement, and minor drafting, technical,
and clarifying changes.

TITLE I--ATTORNEY REPRESENTATION MATTERS

ATTORNEY REPRESENTATION IN VETERANS' BENEFITS CASES BEFORE THE
DEPARTMENT OF VETERANS AFFAIRS

Current law
Chapter 59 of title 38, United States Code, establishes
policies and procedures with respect to individuals acting as
agents and attorneys before the Department of Veterans
Affairs (VA). Section 5901 of title 38, United States Code,
generally requires that any agent or attorney be recognized
by the Secretary in order to act in the preparation,
presentation, or prosecution of a claim before VA. Section
5902(a) of title 38, United States Code, authorizes the
Secretary to recognize representatives of certain
organizations to act in that capacity for claims before VA
and section 5903 of title 38, United States Code, authorizes
the Secretary to recognize an individual for purposes of a
specific claim before VA. Section 5904(a) of title 38, United
States Code, provides general authority for the Secretary to
recognize agents or attorneys to act as representatives in
the preparation, presentation, and prosecution of claims
before VA. To be recognized under section 5904(a) of title
38, United States Code, the Secretary may require that the
individual show that he or she is of good moral character and
in good repute, is qualified, and is competent. For agents or
attorneys recognized under section 5904(a) of title 38,
United States Code, the Secretary is authorized to suspend or
exclude the individual from practicing before VA for any of
the reasons set forth in section 5904(b) of title 38, United
States Code. Section 5904(c) of title 38, United States Code,
generally provides that an agent or attorney may not
charge a fee for services ``provided before the date on
which the Board of Veterans' Appeals first makes a final
decision in a case.'' Section 5905 of title 38, United
States Code, specifies that individuals may be fined or
imprisoned for impermissibly charging, soliciting, or
receiving a fee other than as provided in section 5904(c)
of title 38, United States Code.
Senate bill
Section 101(a)(1) of S. 2694, as amended, would add three
new subparagraphs to section 5904(a) of title 38, United
States Code. New subparagraph (2) would authorize the
Secretary to issue regulations prescribing qualifications and
standards of conduct that individuals must satisfy to be
recognized under section 5904(a) of title 38, United States
Code, including having a specified level of experience or
specialized training. New subparagraph (3) would authorize
the Secretary to issue regulations setting forth reasonable
restrictions on the amount of fees that an agent or attorney
may charge for services rendered in connection with a claim
before VA. New subparagraph (4) would authorize the Secretary
to charge a periodic registration fee to agents or attorneys
recognized under section 5904(a) of title 38, United States
Code, in order to help defray any costs to VA in collecting
such fees, recognizing individuals under section 5904(a) of
title 38, United States Code, administering the payment of
fees, and overseeing agents or attorneys.
Section 101(a)(2) and (3) of S. 2694, as amended, would
amend sections 5902 and 5903 of title 38, United States Code,
to subject individuals recognized under those sections to
suspension from practice before VA for any of the reasons
specified in section 5904(b) of title 38, United States Code.
Section 101(b) of S. 2694, as amended, would amend section
5904(b) of title 38, United States Code, to allow the
Secretary to suspend an individual from practicing before VA
if the individual presents frivolous claims, issues, or
arguments to VA or fails to comply with any other conditions
specified by the Secretary in regulations. Those new bases
for suspension, as well as the bases currently listed in
section 5904(b) of title 38, United States Code, would apply
to any individual recognized under section 5902(a), section
5903, or section 5904(a) of title 38, United States Code.
Section 101(c) of S. 2694, as amended, would repeal the
provisions of section 5904(c) of title 38, United States
Code, that prohibit agents or attorneys from charging a fee
for services rendered prior to the date on which the Board of
Veterans' Appeals first makes a final decision in the case.
The purpose of this section would be to allow any individual
to hire an agent or attorney to represent the individual at
any stage of the VA proceedings. As conforming changes,
section 101(d) would modify the requirements for attorneys to
file fee agreements with VA and section 101(e) would
authorize the Secretary to review attorney fee agreements. In
addition, section 101(f) would amend 5905 to strike the
criminal penalties applicable to an individual who
impermissibly solicits, charges, or receives a fee for
services provided in connection with a proceeding before VA.
Finally, section 101(g) of S. 2694, as amended, would set
forth the effective date for the provisions of section 101.
In general, the provisions of section 101 would be effective
6 months after the date of enactment. However, the provisions
that would provide additional bases for suspension, repeal
the limitation on hiring agents or attorneys, modify the
requirements for filing fee agreements, and modify the
Secretary's authority to review fee agreements would apply
only to claims submitted to VA on or after the effective
date.
House bill
The House Bills contain no comparable provision.
Compromise agreement
Section 101 of the Compromise Agreement generally follows
the Senate language, except that it would allow individuals
to hire an agent or attorney only after a notice of
disagreement has been filed in a case as provided in section
7105 of title 38, United States Code. In addition, the
Secretary would be required to prescribe in regulations the
qualifications and standards of conduct for recognizing
individuals under section 5904(a) of title 38, United States
Code. The Secretary also would be required to prescribe in
regulations a requirement that an individual recognized under
section 5904(a) of title 38, United States Code, annually
provide to VA information about all jurisdictions where the
individual is admitted to practice law, relevant
identification numbers, and a self-certification that the
individual is in good standing in all such jurisdictions.
The Compromise Agreement would allow the Secretary to
suspend or exclude an individual recognized under section
5904(a) of

[[Page S11612]]

title 38, United States Code, from practicing before VA if
the individual charges excessive or unreasonable fees and
would preclude the agent or attorney from being reinstated
unless the excessive fees are refunded to the client. It
would also add language to the effect that fees that
represent no more than 20 percent of an award of past-due
benefits shall be presumed reasonable.
The Compromise Agreement would prohibit the Secretary from
recognizing an agent or attorney under section 5904(a) of
title 38, United States Code, if the agent or attorney has
been suspended or disbarred and would permit the Secretary to
suspend or exclude an agent or attorney for that reason.
Finally, the Secretary would be permitted to charge agents
or attorneys an assessment in circumstances when a fee for
services is provided directly by the Secretary to an agent or
attorney from past-due benefits. The assessment would be
equal to 5 percent of the amount of such fees to be paid to
the agent or attorney, except that the amount of the
assessment may not exceed $100. The Committees intend that
these assessments would assist VA with the cost of processing
payments of attorneys' fees.
The Compromise Agreement would also require the Secretary
to report to the Committees, 42 months after the date of
enactment, on the effect of permitting representation, for a
fee, after a notice of disagreement is filed, and recommend
any changes to that law.

TITLE II--HEALTH MATTERS

ADDITIONAL MENTAL HEALTH PROVIDERS

Current law
Chapter 74 of title 38, United States Code, authorizes VA
to hire a wide range of clinical care personnel to provide
treatment to veterans who seek health services from the
Department. Because the hiring authority is specific to
listed medical professionals, VA is not permitted to employ
any professional not mentioned in statute.
Senate bill
Section 5 of S. 1182, as amended, would establish
qualifications and add the professions of Marriage and Family
Therapist and Licensed Mental Health Counselor to the list of
clinical care providers VA is authorized to hire.
House bill
The House Bills contain no comparable provision.
Compromise agreement
Section 201 of the Compromise Agreement follows the Senate
language.

PAY COMPARABILITY FOR THE CHIEF NURSING OFFICER, OFFICE OF NURSING
SERVICES

Current law
Section 7451 of title 38, United States Code, prohibits VA
from paying the position of Chief Nursing Officer, Office of
Nursing Services, at a rate that exceeds the maximum rate
established for the Senior Executive Service under section
5382 of title 5, United States Code.
Senate bill
Section 6 of S. 1182, as amended, would exempt the position
of Chief Nursing Officer, Office of Nursing Services, from
the provisions of section 7451 of title 38, United States
Code.
House bill
The House Bills contain no comparable provision.
Compromise agreement
Section 202 of the Compromise Agreement follows the Senate
language.

IMPROVEMENT AND EXPANSION OF MENTAL HEALTH SERVICES

Current law
Various provisions in subchapter II, chapter 17 of title
38, United States Code, authorizes VA to provide mental
health care and readjustment counseling services to veterans
enrolled in the VA health care system.
Senate bill
Section 8 of S. 1182, as amended, would direct VA to expand
and improve programs and services in a number of settings in
order to ensure that VA can adequately address the mental
health needs of returning servicemen and women, and would
authorize the appropriation of $95,000,000 in each of fiscal
years 2006 and 2007 to carry out the provisions contained in
this section.
VA would be directed to expand the number of clinical
treatment teams principally dedicated to the treatment of
PTSD; expand treatment and diagnosis services for substance
abuse; expand tele-health initiatives principally dedicated
to mental health care in communities located great distances
from current VA facilities; improve programs that provide
education in mental health treatment to primary care
clinicians; and expand the number of Community-Based
Outpatient Clinic (CBOC) capable of providing treatment for
mental illness.
It would also require VA to ensure that it has the capacity
to provide, or monitor the provision of, mental health
services at every CBOC in the system. As part of this, VA
would be directed to establish performance standards and
working environments that give appropriate recognition to the
importance of mental health care.
Additionally, require VA to meet the needs of any veteran
who entered a VA health care facility seeking mental health
or substance abuse treatment and would provide VA the option
of using tele-mental health services or contracting to
implement the law.
It would require the Secretaries of Defense and Veterans
Affairs to establish a joint VA and Department of Defense
(DOD) workgroup that would consist of seven experts in the
fields of mental health and readjustment counseling from each
Department. The workgroup would examine ways to combat
stigmas associated with mental health to better educate
families of servicemembers about how to deal with such
issues, and would require the Departments to report to
Congress on their findings.
It would also require VA and DOD to enter into a Memorandum
of Understanding to ensure that all separating servicemembers
receive mental health and sexual trauma screening.
It would direct VA to establish systemwide guidelines for
screening primary care patients for potential mental health
issues or disorders, as well as to conduct appropriate
training for clinicians of the Department to carry out mental
health consultations.
It would require VA's National Center on Post-Traumatic
Stress Disorder (PTSD) to collaborate with the Secretary of
Defense for the purposes of enabling DOD mental health care
providers and clinicians to benefit from the unique and
comprehensive expertise that VA has in the area of PTSD
diagnosis and treatment. It would also direct the two
entities to develop joint training and protocols to ensure
consistency and authorize the appropriation of $2,000,000 for
fiscal year 2006 for the purpose of carrying out these
requirements.
House bill
H.R. 1588, the Comprehensive Assistance for Veterans
Exposed to Traumatic Stress Act of 2005, introduced by
Ranking Member Lane Evans, would direct the VA to expand and
enhance mental health care services for veterans.
Compromise agreement
Section 203 of the Compromise Agreement would incorporate
provisions from H.R. 1588 and follow the Senate language that
would include only the provisions to require VA to ensure
that each CBOC of the Department has the capacity to provide,
or monitor the provision of, mental health services; require
VA to submit a report to Congress not later than January 31,
2008, on the capacity of the Department to provide mental
health services at each CBOC operated by the Department;
require VA to establish systemwide guidelines for screening
primary care patients for mental health disorders and
illnesses, as well as conduct appropriate training for
clinicians of the Department to carry out mental health
consultations; require VA's National Center on PTSD to
collaborate with the Secretary of Defense for the purposes of
enabling DOD mental health care providers and clinicians to
benefit from the unique and comprehensive expertise that VA
has in the area of PTSD diagnosis and treatment; direct the
two Departments to develop joint training and protocols to
ensure consistency; and authorize to be appropriated
$2,000,000 for the purpose of carrying out the collaborative
PTSD requirements.

DISCLOSURE OF MEDICAL RECORDS

Current law
State and private sector health care providers currently
provide such information to Organ Procurement Organizations
(OPOs) pursuant to a regulation promulgated by the Department
of Health and Human Services under section 1320b-
8(a)(1)(A)(iii) of title 42, United States Code. Section
5701(a) and section 7332 of title 38, United States Code,
prevent VA from providing OPOs with VA patient names, home
addresses and general medical information, and any treatment
information for sickle cell anemia, substance abuse, and
treatment for HIV infection.
Senate bill
Section 9 of S. 1182, as amended, would ensure that DOD not
violate the Health Insurance Portability and Accountability
Act (HIPAA) regulation by providing VA with access to certain
medical records of servicemembers while the future VA
beneficiary is still on active duty. In addition, the section
would allow VA to disclose the name and address of any
veterans in the VA health care system to a recognized OPO for
the limited purpose of determining whether the veteran is a
suitable organ donor.
House bill
The House Bills contain no comparable provision.
Compromise agreement
Section 204 of the Compromise Agreement follows would allow
VA to disclose the name and address of any veterans in the VA
health care system to a recognized OPO for the limited
purpose of determining whether the veteran is a suitable
organ donor and explicitly include eye and tissue banks as
recognized OPOs.

EXPANSION OF TELE-HEALTH SERVICES

Current law
No applicable current law.
Senate bill
Section 11 of S. 1182, as amended, would direct VA to
increase the number of Veterans Readjustment Counseling
Service (Vet Center) facilities capable of providing health
services and counseling through telehealth linkages with
other facilities of the Veterans Health Administration (VHA);
and require VA to submit a plan to the Committees on
Veterans' Affairs of the Senate and the

[[Page S11613]]

House of Representatives to implement this requirement at the
end of each of fiscal years 2005, 2006, and 2007.
House bill
The House Bills contain no comparable provision.
Compromise agreement
Section 205 of the Compromise Agreement follows the Senate
language with a modification that revises the requirement to
implement the plan at the end of fiscal years 2007, 2008, and
2009.

STRATEGIC PLAN FOR LONG-TERM CARE

Current law
Public Law 106-117, the Veterans Millennium Health Care and
Benefits Act, among other things, required VA to develop a
program of non-institutional long-term care services and
mandated that VA maintain the institutional staffing and
level of extended care services at, or above, the level of
staffing and services during fiscal year 1998.
House bill
The House Bills contain no comparable provision.
Senate bill
Section 13 of S. 1182, as amended, would require VA to
publish a strategic plan for long-term care not later than
180 days after the date of enactment.
Compromise agreement
Section 206 of the Compromise Agreement follows the Senate
language.

BLIND REHABILITATION OUTPATIENT SPECIALISTS

Current law
No applicable current law.
Senate bill
Section 14 of S. 1182, as amended, would require VA to
establish Blind Rehabilitation Outpatient Specialists (BROS)
at not fewer than 35 additional VA facilities not later than
30 months after the date of enactment.
House bill
The House Bills contain no comparable provision.
Compromise agreement
Section 207 of the Compromise Agreement follows the Senate
language.

EXTENSION OF CERTAIN COMPLIANCE REPORTS

Current law
Section 1706(b)(5)(A) of title 38, United States Code,
required VA to submit to the Committees a report on its
compliance with the so-called specialized services capacity
requirement set forth in section 1706 of title 38, United
States Code. Section 542(c)(1) of title 38, United States
Code, requires the Advisory Committee on Women Veterans,
through 2004, to submit a report to the Secretary of VA not
later than July 1 of each even-numbered year on the
programs and activities of the Department that pertain to
women veterans.
House bill
Section 5 of H.R. 6342 would reauthorize the biennial
report of the Advisory Committee on Women Veterans to submit
the biennial report to the VA Secretary.
Senate bill
Section 15 of S. 1182, as amended, would reestablish the
requirement to submit a compliance report through 2006.
Compromise agreement
Section 208 of the Compromise Agreement contains the Senate
language to reestablish the requirement to submit a report on
its compliance with specialized services capacity report with
a modification to change the date to 2008 and also contains
the House language that would extend the biennial report of
the Advisory Committee on Women Veterans through 2008.

PARKINSON'S DISEASE RESEARCH, EDUCATION, AND CLINICAL CENTERS AND
MULTIPLE SCLEROSIS CENTERS OF EXCELLENCE

Current law
No applicable current law.
Senate bill
Section 401 of S. 2694, as amended, would add a new section
to title 38, United States Code, which would authorize VA to
designate at least six Parkinson's Disease Research,
Education, and Clinical Centers of Excellence (PADRECCs) and
at least two Multiple Sclerosis Centers of Excellence
(MSCoEs).
House Bill
Section 6 of H.R. 6342 contains a comparable provision.
Compromise agreement
Section 209 of the Compromise Agreement follows the House
language. Both the Senate and House express strong support
for VA to continue centralized funding of the PADRECCs and
MSCoEs to provide clinical care for veterans and to support
the research, education and clinical care work of the
centers. The expectation of the managers is that the VA would
provide at least $6,000,000 in FY 2007 and $6,200,000 in FY
2008 to allow the work of the six established PADRECCs to
continue.

REPEAL OF TERM OF OFFICE FOR THE UNDER SECRETARY FOR HEALTH AND THE
UNDER SECRETARY FOR BENEFITS

Current law
Section 305(c) and section 306(c) of title 38, United
States Code, respectively, limits the terms of office of the
Under Secretary for Health and the Under Secretary for
Benefits.
Senate bill
Section 402 of S. 2694, as amended, would repeal the 4-year
terms of office for the Under Secretary for Health and Under
Secretary for Benefits positions.
House bill
The House Bills contain no comparable provision.
Compromise agreement
Section 210 of the Compromise Agreement follows the Senate
language.

MODIFICATIONS TO STATE HOME AUTHORITIES

Current law
Section 1741 of title 38, United States Code, establishes
criteria for VA payments to States for the care of veterans
in State veterans' homes. Service-connected veterans residing
in State veterans' homes are not eligible to receive a VA
medication benefit unless their service-connected disability
necessitated the State home care.
There is no comparable provision in current law which
speaks to rural access in State veterans' homes.
Senate bill
Section 403 of S. 2694, as amended, would amend chapter 17
of title 38, United States Code, by inserting a new section
1745. The new section 1745 would require the Secretary to
reimburse State veterans' homes for the cost of care of a
veteran with a 70 percent or greater service-connected
condition and would require that medications be provided, at
no cost, to veterans with a 50 percent or greater service-
connected disability. Additionally, section 403 would
authorize the Secretary to conduct a pilot program to deem a
total of 100 beds in non-VA facilities to be eligible for
State veterans' home per diem payments.
House bill
The House Bills contain no comparable provision.
Compromise agreement
Section 211 of the Compromise Agreement follows the Senate
language.

OFFICE OF RURAL HEALTH

Current law
No applicable current law.
Senate bill
Section 404 of S. 2694, as amended, would create an Office
of Rural Health in the Office of the Under Secretary for
Health.
House bill
The House Bills contain no comparable provision.
Compromise agreement
Section 212 of the Compromise Agreement follows the Senate
language with a modification to also require VA to submit a
report to the Committees on Veterans' Affairs of the Senate
and the House of Representatives that identifies CBOC and
access points identified in the Capital Asset Realignment for
Enhanced Services (CARES) May 2004 Decision Document. Section
212 also includes a modification of section 4 of H.R. 5524,
the Rural Veterans Health Care Act of 2006.

OUTREACH PROGRAM TO VETERANS IN RURAL AREAS

Current law
No applicable current law.
House bill
Section 2 of H.R. 5524 would require VA to conduct an
extensive outreach program to identify and provide
information on eligibility to enroll in VA health care to
veterans who reside in rural communities and served in
Operation Iraqi Freedom (OIF) and Operation Enduring Freedom
(OEF).
Senate bill
The Senate Bills contain no comparable provision.
Compromise agreement
Section 213 of the Compromise Agreement follows the House
language.

PILOT PROGRAM ON IMPROVEMENT OF CAREGIVER ASSISTANCE SERVICES

Current law
Section 1710B of title 38, United States Code, provides for
the establishment of non-institutional extended care services
to eligible veterans.
Senate bill
Section 405 of S. 2694 would require VA to conduct a two
year pilot program to improve assistance provided to
caregivers, particularly in home-based settings and authorize
the appropriations of not less than $5,000,000 for each
fiscal year for the purposes of carrying out the pilot
program. Special consideration regarding allocations of funds
should be given to rural facilities, including those without
a long-term care facility of the Department.
House bill
The House Bills contain no comparable provision.
Compromise agreement
Section 214 of the Compromise Agreement follows the Senate
language with a modification to authorize the appropriations
of $5,000,000 for fiscal year 2007 and fiscal year 2008 for
the purposes of carrying out the pilot program.

EXPANSION OF OUTREACH ACTIVITIES OF VET CENTERS

Current law
Section 1712A of title 38, United States Code, establishes
eligibility for readjustment counseling and related mental
health services.
Senate bill
Section 2 of S. 716 would authorize 50 additional veterans
of OEF and OIF to perform

[[Page S11614]]

outreach efforts for Vet Centers; allow these veteran-
employees to be assigned to any Vet Center deemed appropriate
by the Secretary; and not subject these outreach coordinators
to VA's stipulation that these positions be subject to only
three years of hiring authority.
House bill
The House Bills contain no comparable provision.
Compromise agreement
Section 215 of the Compromise Agreement follows the Senate
language with a modification to authorize no fewer than 100
additional veterans to perform outreach efforts.

CLARIFICATION AND ENHANCEMENT OF BEREAVEMENT COUNSELING

Current law
Section 1783 of title 38, United States Code, allows VA to
provide bereavement counseling to a veteran and to an
individual who is a member of the immediate family of a
member of the Armed Forces who dies while on active duty.
Senate bill
Section 3 of S. 716 would provide express authority for Vet
Centers to provide bereavement counseling to all immediate
family members of a member of the Armed Forces who dies while
on active duty.
House bill
The House Bills contain no comparable provision.
Compromise agreement
Section 216 of the Compromise Agreement follows the Senate
language.

FUNDING FOR VET CENTER PROGRAM

Current law
Section 1712A of title 38, United States Code, establishes
eligibility for readjustment counseling and related mental
health services.
Senate bill
Section 4 of S. 716 would authorize to be appropriated for
fiscal year 2006, $180,000,000 for the provision of
readjustment counseling and related mental health services
through Vet Centers.
House bill
The House Bills contain no comparable provision.
Compromise agreement
Section 217 of the Compromise Agreement follows the Senate
language with a modification to authorize appropriations for
fiscal year 2007 rather than fiscal year 2006.

TITLE III--EDUCATION MATTERS

EXPANSION OF ELIGIBILITY FOR SURVIVORS' AND DEPENDENTS' EDUCATIONAL
ASSISTANCE PROGRAM

Current law
Section 3501 of title 38, United States Code, provides that
in certain circumstances spouses or children of
servicemembers or veterans may be eligible for VA education
benefits. In general, the spouse or child of a veteran may be
eligible for the Dependants' Educational Assistance program
(DEA) if the veteran died from a service-connected disability
or is permanently and totally disabled by a service-connected
disability. In addition, a spouse or child of an active duty
servicemember may be eligible for DEA if the servicemember
has been missing in action, captured by a hostile force, or
forcibly detained by a foreign power for more than 90 days.
However, if the servicemember suffers a severe injury in
service and remains on active-duty status pending discharge
while receiving treatment, the spouse or child is not
eligible for DEA until the servicemember is actually
discharged from active duty.
House bill
Section 3 of H.R. 6342 would expand eligibility for DEA to
the spouse or child of a servicemember who is hospitalized or
receiving outpatient medical care, services, or treatment and
is determined by the Secretary of Veterans Affairs to have a
total disability permanent in nature incurred or aggravated
in the line of duty and is likely to be discharged or
released from active duty service for such disability.
Senate bill
Section 8 of S. 3421, as amended, would expand eligibility
for DEA to the spouse or child of a servicemember who is
hospitalized or receiving outpatient medical care, services,
or treatment pending discharge from active military, naval,
or air service for a total disability permanent in nature
resulting from a service-connected disability.
Compromise agreement
Section 301 of the Compromise Agreement generally follows
the House language.

RESTORATION OF LOST ENTITLEMENT FOR INDIVIDUALS WHO DISCONTINUE A
PROGRAM OF EDUCATION BECAUSE OF BEING ORDERED TO FULL-TIME NATIONAL
GUARD DUTY

Current law
Chapters 30, 31, and 32 of title 38, United States Code,
provide restoration of lost education benefits under VA
education programs to certain recipients called to active
duty under title 32, United States Code, (full-time National
Guard duty) after September 11, 2001.
House bill
Section 404 of H.R. 3082, as amended, would restore lost
entitlement to individuals receiving education benefits under
chapter 35 of title 38, United States Code, who were called
to active duty under title 32, United States Code, after
September 11, 2001.
Senate bill
The Senate Bills contain no comparable provision.
Compromise agreement
Section 302 of the Compromise Agreement follows the House
language.

EXCEPTION FOR INSTITUTIONS OFFERING GOVERNMENT-SPONSORED NON-ACCREDITED
COURSES TO REQUIREMENT OF REFUNDING UNUSED TUITION

Current law
Section 3676(c) of title 38, United States Code, requires
that all non-accredited institutions have a pro-rata refund
policy to be approved for veterans' education benefits.
House bill
Section 401 of H.R. 3082, as amended, would exempt Federal,
state or local government institutions or institutions
primarily supported by funding from a Federal, state or local
government entity from the rule that requires a non-
accredited education program to have a pro-rata refund
policy.
Senate bill
The Senate Bills contain no comparable provision.
Compromise agreement
Section 303 of the Compromise Agreement follows the House
language.

EXTENSION OF WORK-STUDY ALLOWANCE

Current law
Section 3485 of title 38, United States Code, establishes
work-study policies for veteran-students and eligible
dependents. In general, VA work-study students may do the
following: prepare or process VA paperwork at schools or VA
facilities; assist those providing care providers at VA
hospitals and domiciliaries; work at Department of Defense
facilities in certain circumstances; assist outreach services
at State approving agencies; work at State veterans'
cemeteries and national cemeteries; or assist care
providers at State homes. The authority for work-study
programs at State approving agencies, State veterans'
cemeteries and national cemeteries, and State homes
expires on December 27, 2006.
House bill
Section 402 of H.R. 3082, as amended, would extend work-
study programs at State approving agencies, State veterans'
cemeteries and national cemeteries, and State homes until
June 30, 2007.
Senate bill
The Senate Bills contain no comparable provision.
Compromise agreement
Section 304 of the Compromise Agreement follows the House
language.

DEADLINE AND PERMANENT REQUIREMENT FOR REPORT ON EDUCATIONAL ASSISTANCE
PROGRAM

Current law
Section 3036 of title 38, United States Code, requires both
VA and DoD to submit to Congress separate, biennial reports
on the operation of the Montgomery GI Bill educational
assistance program. The reporting requirement expired on
January 1, 2005.
House bill
Section 4 of H.R. 6342 would require VA and DoD to submit
separate reports to Congress no later than 6 months after the
date of enactment and repeal the termination of the biennial
reporting requirement.
Senate bill
Section 304 of S. 2694, as amended, contains a similar
provision that would reinstate the biennial reporting
requirement and extend it until January 1, 2011.
Compromise agreement
Section 305 of the Compromise Agreement generally follows
the Senate language.

REPORT ON IMPROVEMENT IN ADMINISTRATION OF EDUCATIONAL ASSISTANCE
BENEFITS

Current law
No applicable current law.
House bill
Section 403 of H.R. 3082, as amended, would require the
Secretary to report to Congress 180 days after enactment of
this Act on ways to streamline the administrative processes
and procedures of veterans' education benefits.
Senate bill
The Senate Bills contain no comparable provision.
Compromise agreement
Section 306 of the Compromise Agreement follows the House
language.

TITLE IV--NATIONAL CEMETERY AND MEMORIAL AFFAIRS MATTERS

PROVISION OF GOVERNMENT MEMORIAL HEADSTONES OR MARKERS AND MEMORIAL
INSCRIPTIONS FOR DECEASED DEPENDENT CHILDREN OF VETERANS WHOSE REMAINS
ARE UNAVAILABLE FOR BURIAL

Current law
Section 2306(b) of title 38, United States Code, authorizes
the Secretary to furnish, upon request, an appropriate
memorial headstone or marker for commemorating an eligible
veteran, spouse, or surviving spouse whose remains are
unavailable for burial. Such a headstone or marker must be
placed in an area of a national cemetery reserved for that
purpose, a veterans' cemetery owned by a state, or, in the
case of a veteran, in a state, local, or private cemetery.
Under section 2306(f) of title 38, United States Code,

[[Page S11615]]

when the Secretary has furnished a memorial headstone or
marker for an unmarked grave of an individual, the Secretary
shall, if feasible, add a memorial inscription to that
headstone or marker rather than furnishing a separate
headstone or marker for the surviving spouse of such
individual.
House bill
Section 203 of H.R. 3082, as amended, would authorize the
Secretary to furnish a memorial headstone or marker for an
eligible dependent child whose remains are unavailable, or,
if feasible, add a memorial inscription to an existing
headstone or marker provided under section 2603(a) of title
38, United States Code.
Senate bill
The Senate Bills contain no comparable provision.
Compromise agreement
Section 401 of the Compromise Agreement follows the House
language.

PROVISION OF GOVERNMENT MARKERS FOR MARKED GRAVES OF VETERANS AT
PRIVATE CEMETERIES

Current law
Section 2306(d) of title 38, United States Code, authorizes
the Secretary to furnish a government marker to those
families who request one for the marked grave of a veteran
buried at a private cemetery, who died on or after September
11, 2001. The authority expires on December 31, 2006.
House bill
Section 202 of H.R. 3082, as amended, would make permanent
the Secretary's authority to furnish a government marker or
headstone, and would expand the program to include veterans
who died between November 1, 1990 and September 10, 2001.
Senate bill
Section 203 of S. 2694 contains a similar provision.
Compromise agreement
Section 402 of the Compromise Agreement would extend the
program to December 31, 2007.

ELIGIBILITY OF INDIAN TRIBAL ORGANIZATIONS FOR GRANTS FOR THE
ESTABLISHMENT OF VETERANS CEMETERIES ON TRUST LANDS

Current law
Section 2408 of title 38, United States Code, authorizes
the Secretary to make grants to states to assist them in
establishing, expanding, or improving State veterans'
cemeteries.
House bill
Section 201 of H.R. 3082, as amended, would authorize the
Secretary to make grants to tribal organizations to assist
them in establishing, expanding, or improving veterans'
cemeteries on trust lands. The tribal organization would be
required to submit the necessary grant application and meet
related prerequisites similar to any state applicant.
Senate bill
Section 201 of S. 2694, as amended, contains a similar
provision.
Compromise agreement
Section 403 of the Compromise Agreement contains this
provision.

REMOVAL OF REMAINS OF RUSSELL WAYNE WAGNER FROM ARLINGTON NATIONAL
CEMETERY

Current law
No applicable current law.
House bill
The House Bills contain no comparable provision.
Senate bill
Section 202 of S. 2694, as amended, would direct the
Secretary of the Army to remove the remains of Russell Wayne
Wagner from Arlington National Cemetery and establish
procedures that the Secretary must follow in carrying out
this directive. In addition, section 202 would make several
Congressional findings, including a finding that Russell
Wayne Wagner is the only individual convicted of a capital
offense who has been interred or inurned in Arlington since
1997, the year Congress first expressed its intent to keep
the remains of such offenders out of national cemeteries.
Compromise agreement
Section 404 of the Compromise Agreement generally follows
the Senate language.

TITLE V--HOUSING AND SMALL BUSINESS MATTERS

RESIDENTIAL COOPERATIVE HOUSING UNITS

Current law
Under the provisions of chapter 37 of title 38, United
States Code, VA is authorized to guarantee loans for eligible
veterans and survivors to buy or build a home; to buy a
residential condominium; to repair, alter or improve a home;
to refinance an existing home loan; to buy a manufactured
home with or without a lot; to buy and improve a manufactured
home lot; to install a solar heating or cooling system or
other weatherization improvements; or to buy a home and
install energy-efficient improvements. Current law does not
include the purchase of stock in a cooperative housing
corporation (cooperative) amongst the home loans VA may
guarantee.
House bill
The House Bills contain no comparable provision.
Senate bill
Section 601 of S. 2694, as amended, would extend VA's
authority to guarantee loans to the purchase of stock or
membership in a cooperative.
Compromise agreement
Section 501 of the Compromise Agreement generally follows
the Senate language; however, the authority for VA to
guarantee share loans in cooperatives would terminate 5 years
after the date of enactment.

DEPARTMENT OF VETERANS AFFAIRS GOALS FOR PARTICIPATION BY SMALL
BUSINESSES OWNED AND CONTROLLED BY VETERANS IN PROCUREMENT CONTRACTS

Current law
Under current law, VA is required to comply with title 15,
United States Code, which establishes policies with respect
to aid to small businesses. Title 38, United States Code,
does not contain any requirements for the Secretary with
regard to small businesses owned and controlled by veterans
and service-disabled veterans in procurement.
House bill
Section 101 of H.R. 3082, as amended, would add a new
section 8127 to title 38, United States Code, to govern how
VA contracts with veteran and service-disabled veteran-owned
small businesses desiring to contract with VA.
New section 8127 would require the Secretary to establish
contracting and subcontracting goals for each fiscal year for
contracts with small businesses owned and controlled by
veterans and service-disabled veterans. Performance
appraisals of senior officials and Assistant Secretaries with
procurement authority would be required to include whether
the annual contracting goals of their administrations or
organizations were met. VA would be required to conduct
reviews of contracts and subcontracts to verify that
contracts and subcontracts were actually awarded to veterans'
businesses as outlined in their contract or subcontract.
VA would be allowed to award non-competitive contracts to
small businesses owned and controlled by veterans when the
amount of the contract is below the simplified acquisition
threshold as defined in section 4 of the Office of Federal
Procurement Policy Act (41 U.S.C. Sec. 403). Further,
contracting officers would be allowed, but not required, to
award sole source contracts to small businesses owned and
controlled by veterans to meet the annual goal set by the
Secretary for contracts above the simplified acquisition
threshold but below $5,000,000. Contracting officers would
retain the option to restrict competition to small businesses
owned and controlled by veterans if the contracting officer
has an expectation that two or more such businesses owned by
veterans will submit offers for the contract including all
contracts exceeding $5,000,000.
To be awarded a contract under the new section small
businesses owned and controlled by veterans would be required
to be listed in a database of veteran-owned and service-
disabled veteran-owned small businesses maintained by the
Secretary. The Secretary would verify that each small
business is owned and controlled by a veteran and in the case
of a service-disabled veteran, the veteran's service-disabled
status. New section 8127 would make the database available to
all Federal departments and agencies and determine whether
certain types of information would be restricted to the
public. New section 8127 would also bar any small business
that misrepresented itself to the Department as a small
business owned and controlled by a veteran or service-
disabled veteran from contracting with the Department for a
period of 5 years.
A small business owned and controlled by one or more
veterans would continue to be recognized as such after the
death of a veteran if a surviving spouse of a veteran
acquires a majority ownership interest. This small business
would be recognized as a veteran-owned or service-disabled
veteran-owned small business until the earliest of the
following: (a) the date on which the surviving spouse
remarries; (b) the date the surviving spouse relinquishes
ownership; or (c) 10 years after the date of the veteran's
death.
New section 8127 would give preference to small businesses
owned and controlled by veterans relative to other set-aside
groups and within other set-aside groups when another set-
aside contracting preference category is being used by VA.
The Secretary would be required to provide quarterly
reports to the Committees that would include percentage of
contracts awarded by the Department and each Administration
of the Department to small businesses owned and controlled by
veterans and service-disabled veterans.
Finally, section 101 of H.R. 3082, as amended, would
provide a transition rule that would allow small businesses
currently listed on VA's current database of veteran-owned
small businesses to retain veteran-owned status. After one
year, the business may be removed if found not to be a small
business owned and controlled by one or more veterans. The
Comptroller General would be required to conduct a study on
the efforts of the Secretary to meet the goals established in
section 8127 for the first 3 fiscal years after date of
enactment and report to Congress on January 31 of each such
year. Not later than 90 days after the end of the study, the
Comptroller General would be required to submit a report to
Congress on the findings of the study.
Senate bill
The Senate Bills contain no comparable provision.
Compromise agreement
Section 502 of the Compromise Agreement generally follows
the House language except

[[Page S11616]]

for the following: (1) senior VA officials performance
appraisals would not include contracting goals; (2) a small
business owned and controlled by a veteran would continue to
be recognized as such only if the veteran was rated as 100
percent service disabled or died due to a service-connected
disability; (3) the Secretary would be required to give
annual reports to the Committees; (4) and the Comptroller
General would be required to brief the Committees on the
efforts of the Secretary for the first 3 fiscal years and
report 180 days after the end of the time period.
The Committees are fully aware that the Department has
several statutory small business set-aside procurement goals
and that the process of meeting those goals is accomplished
throughout a fiscal year. The Committees also understand that
meeting the various goals is done in parallel, not
sequentially. For example, the Committees recognize that for
a given acquisition, there may not be any qualified veteran
or service-disabled veteran-owned businesses, however there
may be qualified businesses from another set-aside authority
that could fulfill the contract.
The intent of this provision in the Compromise Agreement is
to emphasize the importance of meeting the contracting goals
for veteran and service-disabled veteran-owned businesses by
giving those competitive parity with other set-aside
categories. The Committees also seek to give contracting
officers the tools to meet veteran and service-disabled
veteran-owned business set-aside goals.
The Committees anticipate that acquisition officials will
exercise reasonable judgment when attempting to meet the
several set-aside goals including giving ``preference'' to
veteran or service-disabled veteran-owned businesses. The
goals for veteran and service-disabled veteran owned
businesses are not in any way intended to prevent attainment
of other set-aside goals.

department of veterans affairs contracting priority for veteran-owned
small businesses

Current law
Title 38, United States Code, does not require the
Secretary to give preferences to small businesses owned and
controlled by veterans and service-disabled veterans in
procurement.
House bill
Section 102 of H.R. 3082, as amended, would create a new
section 8128 that would give priority to small businesses
owned and controlled by veterans.
Senate bill
The Senate Bills contain no comparable provision.
Compromise agreement
Section 503 of the Compromise Agreement follows the House
language.

TITLE VI--EMPLOYMENT AND TRAINING MATTERS

training of new disabled veterans' outreach program specialists and
local veterans' employment representatives by national veterans'
training institute required

Current law
Section 4102A of title 38, United States Code, sets the
conditions for the funds that states receive to carry out
employment services for veterans. Training for Disabled
Veterans' Outreach Program Specialists (DVOPS) and Local
Veterans' Employment Representatives (LVERs) by the National
Veterans' Training Institute (NVTI) is not required under
current law as a condition for funds.
House bill
Section 304 of H.R. 3082, as amended, would, as a condition
of a grant or contract from the Veterans Employment and
Training Service (VETS), require all new DVOPS or LVERs to
complete training provided by NVTI within 3 years of
designation as or being assigned the duties of a DVOPS or
LVER. If the Secretary of Labor did not provide an exception
to a state, the Secretary may reduce the amount of the grant
or contract for the state for non-compliance. The states
would be required to submit information on employee training
at NVTI to VETS. Employees designated or assigned the duties
of DVOPS and LVERs with 5 years of service would be exempt
from the requirement and those with less than 5 years would
be required to complete training within 5 years of the date
of enactment of this provision.
Senate bill
The Senate Bills contain no comparable provision.
Compromise agreement
Section 601 of the Compromise Agreement generally follows
the House language except that the Secretary would be
authorized to establish reasonable exceptions to the required
completion of the training at NVTI. The Compromise Agreement
would require any DVOPS or LVERs, who are designated as such
on or after January 1, 2006, to complete the required
training within 3 years after the date on which the employee
was so designated.

rules for part-time employment for disabled veterans' outreach program
specialists and local veterans' employment representatives

Current law
Section 4103A of title 38, United States Code, establishes
that employees hired as DVOPS may be employed as full- or
part-time. Section 4104 of title 38, United States Code,
establishes that employees hired as LVERs may be employed as
full-time or part-time.
House bill
Section 302 of H.R. 3082, as amended, would clarify that
part-time employment of DVOPS and LVERs may not be less than
half-time only employment.
Senate bill
The Senate Bills contain no comparable provision.
Compromise agreement
Section 602 of the Compromise Agreement follows the House
language.

performance incentive awards for employment service offices

Current law
Section 4112 of title 38, United States Code, allows states
to provide performance incentive awards to DVOPS and LVERs
for quality employment, training, and placement services to
veterans.
House bill
Section 307 of H.R. 3082, as amended, would allow the
Assistant Secretary of VETS to provide incentive awards to
employment service offices as well as eligible employees.
Senate bill
The Senate Bills contain no comparable provision.
Compromise agreement
Section 603 of the Compromise Agreement follows the House
language.

demonstration project on credentialing and licensure of veterans

Current law
No applicable current law.
House bill
Section 309 of H.R. 3082, as amended, would establish a new
section, 4114, in title 38, United States Code, that would
require VETS to begin a program to promote credentialing and
licensing of veterans in occupations related to their
military training and experience. VETS would be required to
identify a minimum of 10 military occupational specialties to
begin the program. New subsection 4114 would allow the
Assistant Secretary for VETS to enter into a contract to
carry out the demonstration project. The demonstration
project would be required to begin 60 days after date of
enactment and end on September 30, 2009, and would authorize
$1,000,000 for each of the fiscal years 2007 through 2009 of
appropriated funds for the demonstration project.
Finally, section 309 of H.R. 3082, as amended, would add a
representative of the National Governors Association to the
Advisory Committee on Veterans Employment, Training, and
Employer Outreach at the Department of Labor.
Senate bill
The Senate Bills contain no comparable provision.
Compromise agreement
Section 604 of the Compromise Agreement generally follows
the House language except the Secretary of Labor would be
given the discretionary authority to begin the demonstration
project utilizing unobligated funds.
The Committees expect that the Department will choose
military occupational specialties within high-growth
industries such as transportation, information technology,
and hospitality.

DEPARTMENT OF LABOR IMPLEMENTATION OF REGULATION FOR PRIORITY OF
SERVICE FOR VETERANS

Current law
No applicable current law.
House bill
Section 308 of H.R. 3082, as amended, would require the
Secretary of Labor to promulgate regulations on the
implementation of priority of service as required by Public
Law 107-288 for veterans in all Department of Labor programs
not later than 1 year after date of enactment.
Senate bill
The Senate Bills contain no comparable provision.
Compromise agreement
Section 605 of the Compromise Agreement generally follows
the House language except the Secretary would be required to
promulgate the regulations not later than 2 years after date
of enactment.

TITLE VII--HOMELESS VETERANS ASSISTANCE

REAFFIRMATION OF NATIONAL GOAL TO END HOMELESSNESS AMONG VETERANS

Current law
Public Law 107-95, the Homeless Veterans Comprehensive
Assistance Act (HVCA) of 2001, established a goal to end
homelessness among veterans within a decade of its enactment.
House bill
The House Bills contain no comparable provision.
Senate bill
Section 501 of S. 2694, as amended, would restate the goal
of Congress to end homelessness among veterans within the
time frame established under the HVCA Act.
Compromise agreement
Section 701 of the Compromise Agreement follows the Senate
language.

[[Page S11617]]

SENSE OF CONGRESS ON THE RESPONSE OF THE FEDERAL GOVERNMENT TO THE
NEEDS OF HOMELESS VETERANS

Current law
Public Law 107-95, the Homeless Veterans Comprehensive
Assistance Act of 2001, established a goal to end
homelessness among veterans within a decade of its enactment.
House bill
The House Bills contain no comparable provision.
Senate bill
Section 502 of S. 2694, as amended, expresses the sense of
Congress on the needs of homeless veterans in America and the
expectation for the Federal government's response to those
needs.
Compromise agreement
Section 702 of the Compromise Agreement follows the Senate
language.

AUTHORITY TO MAKE GRANTS FOR COMPREHENSIVE SERVICE PROGRAMS FOR
HOMELESS VETERANS

Current law
Section 2011 of title 38, United States Code, authorizes VA
to make grants to assist eligible entities in establishing
comprehensive service programs to assist homeless veterans.
House bill
Section 2 of H.R. 6342 would extend VA's authority for the
Homeless Grant and Per Diem Program to September 30, 2007.
Senate bill
Section 503 of S. 2694, as amended, would provide permanent
authority for the Homeless Grant and Per Diem Program and
would increase the amount of funds authorized for these
efforts to $130,000,000 for fiscal year 2007 and each fiscal
year thereafter.
Compromise agreement
Section 703 of the Compromise Agreement follows the Senate
language.

EXTENSION OF TREATMENT AND REHABILITATION FOR SERIOUSLY MENTALLY ILL
AND HOMELESS VETERANS

Current law
Section 2031 and 2033(d) of title 38, United States Code,
authorizes VA to provide treatment and rehabilitation
services for seriously mentally ill and homeless veterans.
House bill
Section 2 of H.R. 6342 would extend VA's authority for the
treatment and rehabilitation for seriously mentally ill and
homeless veterans to December 31, 2007.
Senate bill
Section 504 of S. 2694, as amended, would extend the
authority to operate special programs for homeless veterans
through December 31, 2011.
Compromise agreement
Section 704 of the Compromise Agreement follows the Senate
language.

EXTENSION OF AUTHORITY FOR TRANSFER OF PROPERTIES OBTAINED THROUGH
FORECLOSURE OF HOME MORTGAGES

Current law
Section 2041 of title 38, United States Code, authorizes VA
to assist homeless veterans and their families in acquiring
shelter via agreements to sell, lease, lease with an option
to purchase, or donate real property, and improvements
thereon, acquired as the result of a default on a loan made,
insured, or guaranteed under 38 U.S.C. section 2001 et seq.
House bill
The House Bills contain no comparable provision.
Senate bill
Section 505 of S. 2694, as amended, would extend this
program through December 31, 2011.
Compromise agreement
Section 705 of the Compromise Agreement follows the Senate
language.

EXTENSION OF FUNDING FOR GRANT PROGRAM FOR HOMELESS VETERANS WITH
SPECIAL NEEDS

Current law
Section 2061 of title 38, United States Code, authorizes VA
to operate a program through which it makes grants to
homeless veteran service providers specifically for the
purpose of encouraging those entities to provide unique
services to special needs populations.
House bill
The House Bills contain no comparable provision.
Senate bill
Section 506 of S. 2694, as amended, would extend VA's
authority to operate this program through 2011 and increase
the annual authorized expenditure amount to $7,000,000
through the same time period.
Compromise agreement
Section 706 of the Compromise Agreement follows the Senate
language.

EXTENSION OF FUNDING FOR HOMELESS VETERAN SERVICE PROVIDER TECHNICAL
ASSISTANCE PROGRAM

Current law
Section 2064 of title 38, United States Code, requires VA
to carry out a program to make grants to organizations with
expertise in preparing grant applications to provide
technical assistance to non-profit community-based groups in
order to assist such groups in applying for grants under VA's
homeless grant and per diem program.
Senate bill
Section 507 of S. 2694, as amended, would extend funding
for homeless veteran service providers technical assistance
program through 2012 and increase the annual authorized
expenditure amount to $1,000,000 through the same time
period.
House bill
The House Bills contain no comparable provision.
Compromise agreement
Section 707 of the Compromise Agreement follows the Senate
language.

ADDITIONAL ELEMENT IN ANNUAL REPORT ON ASSISTANCE TO HOMELESS VETERANS

Current law
Section 2065 of title 38, United States Code, requires VA
to submit a report to the Committees on Veterans' Affairs of
the Senate and House of Representatives on the activities of
the Department to assist homeless veterans during the
calendar year preceding the report.
House bill
The House Bills contain no comparable provision.
Senate bill
Section 508 of S. 716 would add a requirement to this
annual report to include findings of identified redundancies
and gaps in government-wide, homeless assistance coordination
efforts so that duplication can be eliminated and gaps can be
filled.
Compromise agreement
Section 708 of the Compromise Agreement follows the Senate
language.

ADVISORY COMMITTEE ON HOMELESS VETERANS

Current law
Section 2066 of title 38, United States Code, establishes a
VA Advisory Committee on Homeless Veterans.
Senate bill
Section 509 of S. 2694, as amended, would add two new ex-
officio members to the Advisory Committee, the Under
Secretaries of Health and Benefits or their designated
representative; add the Executive Director of the President's
Interagency Council on Homelessness as a member to the
Advisory Committee; and authorize the Advisory Committee's
continuation through September 30, 2011.
House bill
Section 2 of H.R. 6342 would extend the Advisory Committee
on Homeless Veterans to December 31, 2007.
Compromise agreement
Section 709 of the Compromise Agreement follows the Senate
language with a modification to extend the Advisory Committee
through December 31, 2011.

RENTAL ASSISTANCE VOUCHERS FOR VETERANS AFFAIRS SUPPORTED HOUSING
PROGRAM

Current law
Section (8)(o)(19)(B) of the United States Housing Act of
1937 (42 U.S.C. 1437f(o)(19)(B)), authorizes the Secretary of
Housing and Urban Development to set aside specified amounts
for use only for providing supported housing assistance
administered in conjunction with the Department of Veterans
Affairs. The program provides rental assistance on behalf of
homeless veterans who have chronic mental illness or chronic
substance abuse disorders. Continued treatment for such
illness or disorder and appropriate case management is a
condition for receipt of the rental assistance.
House bill
The House Bills contain no comparable provision.
Senate bill
Section 510 of S. 2694, as amended, would authorize 500
vouchers for fiscal year 2007; 1,000 vouchers for fiscal year
2008; 1,500 vouchers for fiscal year 2009; 2,000 vouchers for
fiscal year 2010; and 2,500 vouchers for fiscal year 2011.
Compromise agreement
Section 710 of the Compromise Agreement follows the Senate
language.

TITLE VIII--CONSTRUCTION MATTERS

Subtitle A--Construction and Lease Authorities

AUTHORIZATION OF FISCAL YEAR 2006 MAJOR MEDICAL FACILITY PROJECTS

Current law
Section 8104 of title 38, United States Code, requires
Congressional authorization of appropriations for VA major
medical facility projects.
House bill
Section 3 of H.R. 5815, as amended, would authorize the
Secretary to enter into an agreement with Louisiana State
University (LSU) and $100,000,000 for advance planning and
design and site preparation for a co-located, joint-use major
medical facility project in or near New Orleans, Louisiana.
Section 2 of H.R. 5815, as amended, would authorize
$310,000,000 for the restoration of the Department of
Veterans Affairs Medical Center (VAMC), Biloxi, Mississippi
and consolidation of services performed at the VAMC,
Gulfport, Mississippi; and require the project be carried out
as part of a joint-use facility shared by VA with Keesler Air
Force, Biloxi, Mississippi.
Section 5 of H.R. 5815, as amended, would authorize
$98,000,000 for the Secretary to enter into an agreement to
purchase a site for the replacement of the VAMC, Denver,
Colorado; and require the Secretary to report to the
Committees on Veterans' Affairs

[[Page S11618]]

of the Senate and House of Representatives on the viability
of entering into a public or suitable non-profit organization
partnership for the construction and operation of a facility
that would replace the current VAMC, Denver, Colorado, not
later than 180 days after the date of enactment.
Senate bill
Section 1(1) of S. 3421 would authorize $636,000,000 for
the restoration, new construction or replacement of the VAMC
in New Orleans, Louisiana as a collaborative effort
consistent with the June 12, 2006, New Orleans Collaborative
Opportunities Study Group Report.
Section 1(2) of S. 3421 would authorize $310,000,000 for
the restoration of the VAMC, Biloxi, Mississippi and
consolidation of services performed at the VAMC, Gulfport,
Mississippi.
Section 1(3) of the Senate Bill would authorize $98,000,000
for the replacement of the VAMC, Denver, Colorado.
Compromise agreement
Section 801 of the Compromise Agreement would authorize
$300,000,000 for the restoration, new construction or
replacement of the VAMC in or near New Orleans, Louisiana as
a collaborative effort consistent with the June 12, 2006, New
Orleans Collaborative Opportunities Study Group Report;
$310,000,000 for the restoration of the VAMC, Biloxi,
Mississippi and consolidation of services performed at the
VAMC, Gulfport, Mississippi; and $98,000,000 for the
replacement of the VAMC, Denver, Colorado and require the
Secretary to report to the Committees on Veterans' Affairs of
the Senate and House of Representatives on the viability
of entering into a public or suitable non-profit
organization partnership for the construction and
operation of a facility that would replace the current
VAMC, Denver, Colorado, not later than 180 days after the
date of enactment.

EXTENSION OF AUTHORIZATION FOR CERTAIN MAJOR MEDICAL FACILITY
CONSTRUCTION PROJECTS PREVIOUSLY AUTHORIZED IN CONNECTION WITH CAPITAL
ASSET REALIGNMENT INITIATIVE

Current law
Section 221 of Public Law 108-170 provided the Secretary of
Veterans Affairs the authority to enter into a contract to
carry out approved major construction projects as specified
in the final report of the Capital Asset Realignment for
Enhanced Services Commission through September 30, 2006.
House bill
Section 6 of H.R. 5815, as amended, would authorize 17
major medical facility construction projects that were
previously authorized under Public Law 108-170 as follows:

------------------------------------------------------------------------
Location Purpose Cost
------------------------------------------------------------------------
Anchorage, AK.................... outpatient clinic $75,270,000
and regional
office.
Cleveland/Brecksville, OH........ clinical/ $102,300,000
administrative
consolidation.
Des Moines, IA................... extended care 25,000,000
building.
Durham, NC....................... renovation of 9,100,000
patient wards.
Gainesville, FL.................. correct patient 85,200,000
privacy
deficiencies.
Indianapolis, IN................. floor wards 27,400,000
modernization.
Las Vegas, NV.................... new medical center 406,000,000
facility.
Lee County, FL................... ambulatory 65,100,000
diagnostic support
center.
Long Beach, CA................... seismic corrections 107,845,000
Los Angeles, CA.................. seismic corrections 79,900,000
Orlando, FL...................... new medical center 377,700,000
facility.
Pittsburgh, PA................... consolidation of 189,205,000
campuses.
San Antonio, TX.................. ward upgrades and 19,100,000
expansion.
Syracuse, NY..................... new spinal cord 77,700,000
injury center.
Tampa, FL........................ upgrade electrical 49,000,000
distribution
systems.
Tampa, FL........................ expand spinal cord 7,100,000
injury center.
Temple, TX....................... blind rehab/ 56,000,000
psychiatric
renovation.
------------------------------------------------------------------------

Senate bill
Section 2 of S. 3421 would extend the date for contract
award from September 30, 2006, to September 30, 2009, for 18
major medical facility construction projects that were
previously authorized under Public Law 108-170 as follows:

------------------------------------------------------------------------
Location Purpose Cost
------------------------------------------------------------------------
Anchorage, AK.................... outpatient clinic $75,270,000
and regional
office.
Cleveland/Brecksville, OH........ clinical/ $102,300,000
administrative
consolidation.
Des Moines, IA................... extended care 25,000,000
building.
Durham, NC....................... renovation of 9,100,000
patient wards.
Gainesville, FL.................. correct patient 85,200,000
privacy
deficiencies.
Indianapolis, IN................. floor wards 27,400,000
modernization.
Las Vegas, NV.................... new medical center 406,000,000
facility.
Lee County, FL................... ambulatory 65,100,000
diagnostic support
center.
Long Beach, CA................... seismic corrections 107,845,000
Los Angeles, CA.................. seismic corrections 79,900,000
Orlando, FL...................... new medical center 377,700,000
facility.
Pittsburgh, PA................... consolidation of 189,205,000
campuses.
San Antonio, TX.................. ward upgrades and 19,100,000
expansion.
San Juan, PR..................... seismic corrections 15,000,000
Syracuse, NY..................... spinal cord injury 53,900,000
center.
Tampa, FL........................ upgrade electrical 49,000,000
distribution
systems.
Tampa, FL........................ expand spinal cord 7,100,000
injury center.
Temple, TX....................... blind rehab/ 56,000,000
psychiatric
renovation.
------------------------------------------------------------------------

Compromise agreement
Section 802 of the Compromise Agreement follows the House
language. The Committees note that the need for some of these
projects was determined based on initial CARES results. VA
has subsequently begun detailed studies at a number of sites.
In some locations, these studies have led to modified plans.
In an effort to avoid the unnecessary expenditure of scarce
resources VA should defer any action on the design or
construction of these projects until related ongoing studies
are complete and these studies support the need for the
expenditure of funds authorized by this section. The
Committees understand that it is VA's policy to defer
construction until final decisions are made. The Committees
support this approach and expect this policy to remain in
place.

AUTHORIZATION OF FISCAL YEAR 2007 MAJOR MEDICAL FACILITY PROJECTS

Current law
Section 8104 of title 38, United States Code, requires
Congressional authorization of any VA major medical facility
construction project.
Senate bill
Section 3 of S. 3421 would authorize the following major
construction projects for fiscal year 2007:

------------------------------------------------------------------------
Location Purpose Cost
------------------------------------------------------------------------
American Lake, WA................ seismic $38,220,000
corrections,
nursing home.
Columbia, MO..................... operating suite 25,830,000
replacement.
Fayetteville, AR................. new clinical 56,163,000
addition.
Milwaukee, WI.................... new spinal cord 32,500,000
injury center.
St. Louis, MO.................... medical facility 69,053,000
improvements and
cemetery expansion.
------------------------------------------------------------------------

House bill
The House Bills contain no comparable provision.
Compromise agreement
Section 803 of the Compromise Agreement follows the Senate
language.

AUTHORIZATION OF ADVANCED PLANNING AND DESIGN FOR A MAJOR MEDICAL
FACILITY, CHARLESTON, SOUTH CAROLINA

Current law
Section 8104 of title 38, United States Code, requires
Congressional authorization of any VA major medical facility
construction project.
House bill
Section 4 of H.R. 5815, as amended, would authorize the
Secretary to enter into an agreement with the Medical
University of

[[Page S11619]]

South Carolina (MUSC) to design, construct, and operate a co-
located joint-use medical facility in Charleston, South
Carolina, and would place a limitation of $70,000,000 on the
use of funds for advance planning and design of such a
facility. The Committee report accompanying H.R. 5815, as
amended, (H. Rpt. 109-643) discussed the final report of a
Collaborative Opportunities Steering Group established to
evaluate the prospects for construction involving VA and MUSC
and highlighted and discussed two options in that report,
Models A and A-1, as most viable.
Senate bill
The Senate Bills contain no comparable provision.
Compromise agreement
Section 804 of the Compromise Agreement follows the House
language to authorize the Secretary to enter into an
agreement with MUSC to design and plan for the operation of a
co-located joint-use medical facility in Charleston, South
Carolina. The amount authorized for advance planning and
design of such a facility is reduced to $36,800,000. This
change reflects the Committees agreement that Model A is not
viable and that Model A-1 is the model which should be
reviewed. The Committees also note their agreement with the
statement in the House Committee report that, because of the
limitation of the funding to advance planning and design, VA
would be required to seek additional, specific authorization
for the construction of a facility in Charleston, SC,
consistent with section 8104 of title 38, United States Code.

AUTHORIZATION OF FISCAL YEAR 2006 MAJOR MEDICAL FACILITY LEASES

Current law
Section 8104 of title 38, United States Code, requires
Congressional authorization of any VA medical facility lease
with an annual lease payment of more than $600,000.
Senate bill
Section 4 of S. 3421 would authorize the following leases:

------------------------------------------------------------------------
Location Purpose Cost
------------------------------------------------------------------------
Baltimore, MD..................... outpatient clinic... $10,908,000
Evansville, IN.................... outpatient clinic... 8,989,000
Smith County, TX.................. outpatient clinic... 5,093,000
------------------------------------------------------------------------

House bill
Section 7(a) of H.R. 5815, as amended, contains a similar
provision.
Compromise agreement
Section 805 of the Compromise Agreement contains this
provision.

AUTHORIZATION OF FISCAL YEAR 2007 MAJOR MEDICAL FACILITY LEASES

------------------------------------------------------------------------
Location Purpose Cost
------------------------------------------------------------------------
Austin, TX........................ outpatient clinic... $6,163,000
Lowell, MA........................ outpatient clinic... 2,520,000
Grand Rapids, TX.................. outpatient clinic... 4,409,000
Las Vegas, NV..................... up to four 8,518,000
outpatient clinics.
Parma, OH......................... outpatient clinic... 5,032,000
------------------------------------------------------------------------

House bill
Section 7(b) of H.R. 5815 contains a similar provision.
Compromise agreement
Section 806 of the Compromise Agreement contains this
provision.

AUTHORIZATION OF APPROPRIATIONS

Current law
Section 8104 of title 38, United States Code, requires
Congressional authorization of appropriations for VA major
medical facility projects.
House bill
Section 8 of H.R. 5815, as amended, would authorize
$578,000,000 for fiscal year 2006 major medical facility
projects; $1,758,920,000 for fiscal year 2007 for projects
under CARES; $24,990,000 for fiscal year 2006 leases; and
$26,642,000 for fiscal year 2007 leases.
Senate bill
Section 6 of S. 3421 would authorize $998,000,000 for
fiscal year 2006 major medical facility projects;
$1,750,120,000 for fiscal year 2007 for projects under CARES;
$221,766,000 for fiscal year 2007 major medical facility
projects; $24,990,000 for fiscal year 2006 leases; and
$26,642,000 for fiscal year 2007 leases.
Compromise agreement
Section 807 of the Compromise Agreement would authorize
$708,000,000 for the projects in section 801; $1,758,920,000
for the projects whose authorization is extended by section
802; $221,766,000 for the projects authorized in section 803;
$36,800,000 for the advanced planning and design authorized
in section 804; $24,990,000 for the leases authorized in
section 805 and $26,642,000 for the leases authorized in
section 806.

Subtitle B--Facilities Administration

DIRECTOR OF CONSTRUCTION AND FACILITIES MANAGEMENT

Current law
No applicable current law.
House bill
Section 11 of H.R. 5815, as amended, would establish within
the VA the position of Director, Construction and Facilities
Management; require that the individual appointed meet
certain qualifications; and mandate that this position have
responsibility for Department-wide construction and facility
management.
Senate bill
The Senate Bills contain no comparable provision.
Compromise agreement
Section 811 of the Compromise Agreement follows the House
language.

INCREASE IN THRESHOLD FOR MAJOR MEDICAL FACILITY PROJECTS

Current law
Section 8104 of title 38, United States Code, defines a
major medical facility project as a project for construction,
alteration, or acquisition of a medical facility involving a
total expenditure of more than $7,000,000.
Senate bill
Section 7 of S. 3421, as amended, would raise the threshold
for major medical facility projects from $7,000,000 to
$10,000,000.
House bill
The House Bills contain no comparable provision.
Compromise agreement
Section 812 of the Compromise Agreement follows the Senate
language and would raise the threshold for major medical
facility projects from $7,000,000 to $10,000,000.

LAND CONVEYANCE, TOWER PARK, FORT THOMAS, KENTUCKY

Current law
No applicable current law.
Senate bill
Section 18 of S. 1182 would allow the VA to transfer
certain historic properties on the Fort Thomas, KY campus of
the Cincinnati VAMC to the city of Fort Thomas for fair
market value.
House bill
Section 10 of H.R. 5815 contains a similar provision.
Compromise agreement
Section 813 of the Compromise Agreement follows the House
language.

Subtitle C--Reports on Medical Facility Improvements

REPORT ON OPTIONS FOR MEDICAL FACILITY IMPROVEMENTS IN SAN JUAN, PUERTO
RICO

Current law
No applicable current law.
House bill
Section 9 of H.R. 5815, as amended, would express the sense
of Congress that the need for medical facility improvements
in San Juan, Puerto Rico, is not being adequately addressed
and requires the VA to report to the Committees on Veterans'
Affairs of the Senate and House of Representatives on the
viability of entering into a public or suitable non-profit
organization partnership for the construction and operation
of a facility that would replace the current VAMC in San
Juan, Puerto Rico, not later than 180 days after the date of
enactment.
Senate bill
The Senate Bills contain no comparable provision.
Compromise agreement
Section 821 of the Compromise Agreement follows the House
language with a modification to eliminate the sense of
Congress language.

BUSINESS PLANS FOR ENHANCED ACCESS TO OUTPATIENT CARE IN CERTAIN RURAL
AREAS

Current law
No applicable current law.
House bill
Section 12 of H.R. 5815, as amended, would require the VA
to submit to the Committees on Veterans' Affairs of the
Senate and House of Representatives, not later than 180 days
after the date of enactment, a business plan for enhanced
access to outpatient care for primary, mental health and
specialty care through new sites of care, expansions at
existing sites, use of existing authority and policies to
contract for care where necessary, and increased use of
telemedicine in each of the following areas: (1) the
Lewiston-Auburn area of Maine; (2) the area of Houlton,
Maine; (3) the area of Dover-Foxcroft, Maine; and (4) area
of Whiteside County, Illinois.
Senate bill
The Senate Bills contain no comparable provision.
Compromise agreement
Section 822 of the Compromise Agreement follows the House
language.

report on option for construction of a department of veterans affairs
medical center in okaloosa county, florida

Current law
No applicable current law.
House bill
Section 13 of H.R. 5815, as amended, would require the VA
to submit to the Committees on Veterans' Affairs of the
Senate and House of Representatives, not later than 180 days
after the date of enactment, a report on the options for the
construction of a new medical facility in Okaloosa County,
Florida.
Senate bill
The Senate Bills contain no comparable provision.
Compromise agreement
Section 823 of the Compromise Agreement generally follows
the House language with a modification to add a requirement
that the feasibility study be carried out in consultation
with Secretaries of Defense and Air Force. Additionally, any
report provided by

[[Page S11620]]

this study would be transmitted to the House and Senate Armed
Service Committees.

TITLE XI--INFORMATION SECURITY MATTERS

DEPARTMENT OF VETERANS AFFAIRS INFORMATION SECURITY ENHANCEMENT ACT OF
2006

department of veterans affairs information security

Current law
No applicable current law.
House bill
Section 4 of H.R. 5835, as amended, would amend Chapter 57
of title 38 to create the Office of the Under Secretary for
Information Security and identify the responsibilities of the
Chief Information Officer and require an annual report be
submitted to the House and Senate Committees on Veterans'
Affairs.
Section 5721 of H.R. 5835, as amended, would provide a
definition for the following: (1) sensitive personal
information; (2) data breach; (3) data breach analysis; (4)
fraud resolution services; (5) identity theft; (6) identity
theft insurance; and (7) principal credit reporting agency.
Section 5722 of H.R. 5835, as amended, would create the
Office of the Under Secretary for Information Services.
Section 5723 of H.R. 5835, as amended would provide the
responsibilities of the Chief Information Officer; and a
report to the Committees on Veterans' Affairs of the Senate
and House of Representatives, the Committee on Government
Reform of the House of Representatives, and the Committee on
Homeland Security and Governmental Affairs of the Senate, on
the Department's compliance with FISMA.
Section 5724 of H.R. 5835, as amended, would require the
Secretary to submit a report, not later than 30 days after
the last day of a fiscal quarter, to the Committees on
Veterans' Affairs of the Senate and the House of
Representatives, on any data breach with respect to sensitive
personal information processed or maintained by the
Department that occurred during that quarter. This report
would contain the Administration and facility of the
Department responsible for processing or maintaining the
sensitive personal information involved in the data breach.
Section 5725 of H.R. 5835, as amended, would require
Independent Risk Analysis from a non-Department entity or the
VA Office of Inspector General, the Secretary provide credit
protection services, and notification to an individual whose
sensitive personal information is involved in a data breach.
Section 5726 of H.R. 5835, as amended, would provide credit
protection services to a covered individual, who, for the
purposes of this section, is an individual whose sensitive
personal information processed or maintained by the
Department (or any third-party entity acting on behalf of the
Department) is involved, on or after August 1, 2005, in a
data breach for which the Secretary determines a reasonable
risk exists for the potential misuse of sensitive personal
information under section 5725(a)(2) of title 38, United
States Code.
Section 5727 of H.R. 5835, as amended would provide for the
payment of liquidated damages by contractors in the event of
a data breach by the contractor, and provides that amounts
collected be used to provide credit protection services to
affected individuals.
Section 5728 of H.R. 5835, as amended, would authorize such
sums as may be necessary for each fiscal year to be
appropriated to carry out this subchapter.
Section 4 of H.R. 5835, as amended, would make clerical
amendments, and require the Secretary to publish regulations
to carry out this subchapter not later than 60 days after
enactment.
Senate bill
The Senate Bills contain no comparable provision.
Compromise agreement
Section 902 of the Compromise Agreement would establish the
Department of Veterans Affairs Information Security Programs
and Requirements. This Compromise Agreement eliminated
sections 2 and 3 of H.R. 5835, as amended. Section 5721 of
the Compromise Agreement would provide the purpose of the
Information Security Program.
Section 5722 of the Compromise Agreement would establish
policy guidance for the Department Information Security
Program and create the elements for the Department
Information Security Program.
Section 5723 of the Compromise Agreement would provide the
Responsibilities for the (a) Secretary of Veterans Affairs;
(b) Assistant Secretary for Information Technology; (c)
Associate Deputy Assistant Secretary for Cyber and
Information Security; (d) Department Information Owners; (e)
other key officials; (f) users of Department Information and
Information Systems; and (g) Inspector General of the
Department of Veterans Affairs.
Section 5724(a) of the Compromise Agreement would provide
Independent Risk Analysis in the event of a data breach with
respect to the sensitive personal information that is
processed or maintained by the Secretary. If the Secretary
determines reasonable risk exists based on the results of the
risk analysis under section 5724(a) of the Compromise
Agreement, credit protection services would be provided in
accordance with the regulations prescribed under section
5724(b).
Section 5724(b) of the Compromise Agreement would also
direct the Department of Veterans Affairs to issue
implementing regulations not later than 180 days after
enactment, and at a minimum address: (1) notification; (2)
Data mining; (3) Fraud alerts; (4) Data breach analysis; (5)
Credit monitoring; (6) Identity theft insurance; and (7)
Credit protection services.
Section 5724(c) of the Compromise Agreement would provide
notification to the House and Senate Committees on Veterans'
Affairs with a report on the findings of the independent risk
analysis. In the event that information maintained by the
Department of Defense is included in a VA data breach, the
House and Senate Committees on Armed Services would also be
provided a report under section 5724(c) of the Compromise
Agreement.
Section 5725 provides that contracts for data processing or
maintenance contain specific language pertaining to data
breaches.
Section 5726 of the Compromise Agreement would require
quarterly reports and notice to Congress on data breaches,
whereas Section 5723(c) of H.R. 5835, as amended required
monthly reports. This provision for quarterly reports may be
included as part of other reports to the Committees such as
the quarterly reports required of VA in section 222 of Public
Law 109-114, the Military Quality of Life and Veterans
Affairs Appropriations Act of 2006. Section 5727 of the
Compromise Agreement would also include timely reports on a
significant data breach of the sensitive personal information
held by the Department.
Section 5727 of the Compromise Agreement would provide
definitions for terms used in Section 902 of the Compromise
Agreement.
Section 5728 of the Compromise Agreement would provide
authorization for appropriations.

information security education assistance program

Current law
No applicable current law.
House bill
Section 7 of H.R. 5835, as amended would add a new chapter
79, ``Information Security Education Assistance Program,'' to
title 38, United States Code. Section 7901 of H.R. 5835, as
amended, would encourage the recruitment and retention of
Department personnel who have the information security skills
necessary to meet Department requirements. Section 7902 of
H.R. 5835, as amended, would provide information on the
scholarship program, by which the Secretary may award up to
five scholarships in any academic year to individuals who did
not receive assistance under this section for the preceding
academic year. Under section 7903 of H.R. 5835, as amended,
the Secretary would be authorized to establish an education
debt reduction program for up to five individuals for each
fiscal year. Section 7904 of H.R. 5835, as amended, would
provide preferences in awarding financial assistance. Section
7905 of H.R. 5835, as amended, would require honorable
discharge for veterans receiving assistance. Section 7906, of
H.R. 5835, as amended, would require the Secretary to
prescribe regulations for the administration of new Chapter
79. Section 7907 of H.R. 5835, as amended, would terminate
the authority of the Secretary to make payments under the new
Chapter 79 on July 31, 2017.
Senate bill
The Senate Bills contain no comparable provision.
Compromise agreement
Section 903 of the Compromise Agreement generally follows
the House language. However, under the Compromise Agreement,
the program is voluntary rather than mandatory and would
reduce the number of scholarships and participants in the
education debt reduction program to a single individual for
each program identified under section 903 of the Compromise
Agreement. Section 903 of the Compromise Agreement would also
make conforming amendments, require a Government
Accountability Report on the programs created under this
section not later than 3 years after enactment, and apply
scholarships with respect to financial assistance for
semesters or terms that begin on or after August 1, 2007.

TITLE X--OTHER MATTERS

notice to congressional veterans committees of certain transfers of
funds

Current law
There are numerous requirements (e.g., Sections 201, 216,
225, 226, and 227 of P.L. 109-114) in current law for VA to
notify congressional committees as to actions the Department
is undertaking or contemplating undertaking regarding the
transfer of appropriations from one account to another
account.
Senate bill
The Senate Bills contain no comparable provision.
House bill
The House Bills contain no comparable provision.
Compromise agreement
Section 1001 of the Compromise Agreement would require VA
to provide the Committees on Veterans' Affairs of the Senate
and House of Representatives with copies of any notifications
regarding the transfer of appropriations the Department is
required by law to provide to any other Congressional
Committee.

[[Page S11621]]

CLARIFICATION OF CORRECTIONAL FACILITIES COVERED BY CERTAIN PROVISIONS
OF LAW

Current law
Section 5313 of title 38, United States Code, limits the
amount of VA compensation that may be paid to a veteran who
is incarcerated in a ``Federal, State, or local penal
institution'' for more than 60 days for conviction of a
felony. Sections 1505(a), 3108(g), 3231(d), 3482(g), 3532(e),
and 5313A of title 38, United States Code, also limit the
provision of certain benefits to veterans, survivors, and
dependents who are incarcerated in a ``Federal, State, or
local penal institution.''
Senate bill
Section 604 of S. 2694, as amended, would make a technical
amendment to section 5313 of title 38, United States Code, to
clarify that the limitation set forth in that section does
apply to a felon incarcerated in any type of penal facility,
including a facility operated by a private contractor. It
would make the same clarifying change in all title 38
sections that contain the phrase ``Federal, State, or local
penal institution.''
House bill
The House Bills contain no comparable provision.
Compromise agreement
Section 1002 of the Compromise Agreement follows the Senate
language.

EXTENSION OF AUTHORITY FOR HEALTH CARE FOR PARTICIPATION IN DOD
CHEMICAL AND BIOLOGICAL WARFARE TESTING

Current law
Section 1710(e)(2)(B)(3) of title 38, United States Code,
provides the authority for VA to provide health care for
those who participated in DoD chemical and biological warfare
testing to December 31, 2005.
House bill
Section 2(a) of H.R. 6342 would extend the authority for VA
to provide health care for those who participated in DoD
chemical and biological warfare testing to December 31, 2007.
Senate bill
The Senate Bills contain no comparable provision.
Compromise agreement
Section 1003 of the Compromise Agreement follows the House
language.

Mr. CRAIG. Mr. President, currently, veterans and other claimants
seeking veterans' benefits may not hire an attorney until the VA
administrative proceedings have been completed--a process that often
takes several years.
That law flows from a Civil War era policy intended to protect
veterans from unscrupulous attorneys. That policy arose at a time--
unlike today--when attending law school was not required to become a
lawyer and there was no effective professional oversight of lawyers.
In recent months, it has become abundantly clear that many veterans
and their survivors want the option of hiring an attorney to help them
navigate the increasingly complex VA system. In fact, the prohibition
against veterans hiring attorneys is considered to be unfair and
outdated by a broad spectrum of individuals and organizations,
including veterans' organizations, veterans' advocates, judges, law
professors, and bar associations.
For these reasons, I am very pleased that a compromise version of
legislation I authored was accepted that would allow veterans to hire
attorneys after a veteran files a Notice of Disagreement with VA's
initial decision on their claim.
A provision of S. 3421 will enable the spouses of seriously wounded
veterans to obtain educational assistance benefits sooner than they
have ever been able to before.
The need for the educational assistance provision was brought to my
attention by U.S. Army SFC Jeff Mittman, a young man who was blinded
after an attack in Iraq and is being treated at Walter Reed Army
Medical Center.
Sergeant First Class Mittman's wife would like to begin receiving
educational assistance benefits from the VA while her husband undergoes
treatment in order to improve her job opportunities once he is
officially discharged from service, but is now prevented from doing so
by law. If enacted, S. 3421 would remove that barrier.
Finally, S. 3421 would remove the cremated remains of a convicted
double murderer from Arlington National Cemetery.
In the summer of 2005, we learned that the remains of a brutal
murderer--Russell Wayne Wagner--were placed in the Nation's preeminent
military cemetery, Arlington National Cemetery.
I was appalled to discover that the law enacted in 1997 to deny
capital offenders from burial in national cemeteries did not apply to
Wagner.
This was also quickly brought to my attention by the Senator from
Maryland, Barbara Mikulski. We joined together in that effort. The
answer was it couldn't happen, it couldn't be removed because of the
law.
While we moved swiftly to close the loophole that permitted Wagner's
burial in the first place, the question remained: Should his remains
continue to be included among the scores of honored dead in Arlington?
For me and Senator Mikulski, who joined me in this effort, the answer
was ``no.''
That is why I am so pleased that S. 3421 would direct the Secretary
of the Army to remove Wagner's remains from Arlington.
As I stated last summer, we must not dishonor the sacrifices made by
those memorialized at our Nation's military cemeteries by including
among them individuals who, through their own heinous acts, have
grievously dishonored themselves because at another time in their life
they were veterans.
S. 3421 is an impressive assortment of legislation. It contains the
collective work of more than 44 Senators. I want to take some time to
single out a few of them.
Senators Burr and Obama for their work on the homeless assistance
provisions of the bill; Senators Hutchison, Feinstein, Graham,
Landrieu, and Murray for their work on the construction provisions;
Senators Thune, Salazar, and Burr for their work on the rural health
components of the bill.
And lastly, the committee's ranking member, and a true friend of
veterans, Senator Akaka.
I ask my colleagues for their vote. And I thank every Senator on the
committee and in the Senate for their support in seeing this, and all
of the other veterans' bills, through the Senate.
I also want to thank my House colleagues, in particular Chairman
Buyer, Ranking Member Evans, and Acting Ranking Member Filner. We were
able to come together in the spirit of compromise in the final hour on
some key provisions, and it is a fitting way to end this Congress.
As we head into a new Congress, I want to extend my best wishes to my
friend, and soon-to-be chairman, Senator Akaka. It has been a pleasure
working with a Senator of his quality, and I pledge that as ranking
member I will strive to emulate the kindness, cooperation, and
``aloha'' that he showed me during my time as chairman of this great
committee.
I yield the floor.
The PRESIDING OFFICER (Mr. Martinez). The Senator from Texas.
Mrs. HUTCHISON. Mr. President, I commend the distinguished chairman
of the Committee on Veterans' Affairs. Senator Craig has done an
outstanding job of making sure the laws that weren't working, where we
were not doing what we should be doing to help our veterans, were
changed.
He has worked a long time on the bill now coming to its final
passage--finally. He has been working on it for 2 years, that I am
aware. He has done a terrific job. There is a lot of authorization that
is essential to go forward next year on appropriations.
I appreciate the work of the Senator. He is retiring as chairman of
the Committee on Veterans' Affairs and going to ranking member. I know
his working relationship with the new chairman is such that we will
continue to see progress in this area.

military construction appropriations

I will talk about the continuing resolution being passed by the House
in a few hours that will be sent to the Senate. We will send that bill
to the President to meet the midnight deadline so Government can
continue to function.
I am talking tonight about this bill with very mixed feelings because
I am chairman of the Appropriations Subcommittee on Military
Construction, Veterans' Affairs and Related Agencies, and I wanted to
pass the full bill, the appropriations for military construction, and I
wanted to make sure we covered our veterans' needs. It is an important
subcommittee, of which I have served as chairman these last 2 years. I
have worked with my ranking member, Senator Feinstein, to assure we had
the funding we needed. Senator Feinstein and I were ready to go on our
bill. It passed in September. It is a bill that passed unanimously in
the Senate. I know everyone agreed we had

[[Page S11622]]

covered the bases that need to be covered to do what is right for our
military--active duty and the veterans--who have served our country in
the past.
Unfortunately, our full bill is not going to pass. It is not going to
pass because, first, it was held up in the Senate for appointing
conferees, held up by a few Senators who thwarted the majority. I was
very disappointed we lost those weeks. Our Appropriations Committee
chairman Thad Cochran tried, as I, to pry the bill out so we could go
to conference and work with the House.
Finally, this week, through the leadership of Senator Frist and
Senator Stevens from Alaska, the chairman of the Appropriations
Subcommittee on Defense, we were able to alleviate all of the concerns
raised and get the bill to conference.
Then, unfortunately, the members of the House committee had
determined we did not have enough time to conference the bill. I think
we did have enough time. We had the time to do all of the construction
that should be started right now. However, that is not going to happen.
I would not have allowed this bill to go forward, and I would be
speaking against it right now if we did not have a provision in the
House-passed continuing resolution that will give budget transfer
authority to the Department of Veterans Affairs so that there will be
no medical need, no service need, no payment to any veteran that will
not be made before this continuing resolution runs out.
If that provision had not been added in the bill, we would not be
passing this bill tonight because I would be talking all night to keep
it from passing.
I called the Secretary of Veterans Affairs this afternoon, and I
asked him if he could assure me that there would be enough money in the
accounts from which they could transfer to assure that all of the
medical needs, including surges in medical needs, would be able to be
given. The Secretary assured me that is the case. The Secretary said
they had enough surplus money, enough rainy day fund money, and enough
money in the other accounts that they would not hurt the other accounts
and they would be able to transfer. He did say that by the time we got
to February 15, if we didn't have a full bill, they would be beginning
to run into trouble. He gave me his word--and I know his word is good--
that if they see some shortfall that would start happening before
February 15, and if there is no bill, he would call me immediately, and
we would begin to work on a supplemental approach.
I am certainly going to trust his word. Secretary Nicholson has been
a man of his word throughout these years I have worked with him. He is
a veteran himself, a distinguished veteran. He knows the veterans
issues. He cares about veterans. He will call, as he did last year when
he saw a looming shortfall and he asked for help and we gave him the
help to assure the veterans' needs would be met. We are going to cover
it, and we are going to do it in a way that will assure that the
medical care is given.
I have to say, I am disappointed we are going to adjourn without
completing the full bill, without completing the military construction
so it can start right away, without completing the appropriations and
the priorities that we are putting in the next year for veterans. I
know they will not suffer in any way because Secretary Nicholson
assured me of that.

I will be watching. I will be staying on top of the VA's financial
situation throughout this period that the continuing resolution is
going to run, to the middle of February. If a problem arises, I will
not stop advocating for the supplemental appropriation that will be
necessary to assure we have the funding we need.
We will work together in this Congress to assure that the men and
women who are protecting our freedom, as we speak today, get the
quality of life they deserve. We will continue to work together to
assure that the veterans who have served our country, who have answered
the call of our country, are given everything to which they are
entitled and which we owe them.
I am going to be the ranking member of this subcommittee next year,
having served as chairman for 2 years with a wonderful ranking member,
Senator Feinstein. It has been pure joy. She has a wonderful staff. We
have never had a disagreement that couldn't be worked out. We have made
sure the priorities, which are the same for both of us, have been met.
I will be a loyal ranking member, and I hope the new chairman will have
the same relationship and the same overall goal for Military
Construction and Veterans Affairs that Senator Feinstein and I have
had. I believe he will.
I am going to vote for the continuing resolution. However, I could
not be more disappointed that we did not pass the full appropriations
bill for Military Construction and Veterans Affairs. I know the
veterans will be taken care of, and I know the military construction
will begin with the new starts a couple of months late. We will get
those projects done with that small delay. I am going to make it my
priority to assure that happens.
Senator Stevens has come to the Senate. I want to say, in addition to
Senator Cochran, Senator Stevens and Senator Inouye have been the
advocates for our military throughout the time I have been in the
Senate. I am honored to be a member of the Appropriations Subcommittee
on Defense. I know those two leaders work together, as Senator
Feinstein and I do, and that is with one goal: to make sure the
military, who are in harm's way, who are fighting so we may speak
freely in this Chamber, who are fighting for our children and
grandchildren to have the freedom we enjoy and that has been given to
us by generations past, will have the opportunities they deserve, and
that is the quality of life that we can give them.
I thank the Senate for coming to the end with this continuing
resolution. I will support it.
I yield the floor.
The PRESIDING OFFICER. The Senator from Alaska.
Mr. STEVENS. Mr. President, I wish to take a few minutes. I ask
unanimous consent the Senator from Ohio, Mr. DeWine, be permitted to
take the floor following my remarks.
The PRESIDING OFFICER. Without objection, it is so ordered.
Mr. STEVENS. Mr. President, we ought to understand what we are
talking about now because the bills that are before the Senate now and
the CR should have been enacted by October 1. This bill will move that
money out to February now and will not be available to the department
agencies until sometime in February.
I am concerned about this because prior to this Congress, the
quality-of-life money for the members of the Department of Defense was
under the Appropriations Subcommittee on Defense that I cochair with my
friend from Hawaii, Senator Inouye.
We are disturbed that Congress has not finished its work on the
Military Construction and Veterans Affairs appropriations bill. To me,
the failure to complete this work is inexplicable.
I am disappointed we are unable to reach an agreement with the House
on the matters contained in this bill and to realize the necessity of
completing action on the bill in total. We are neglecting our
congressional responsibilities by not completing work on this bill. It
is unfortunate. We have had a considerable amount of time to do so.
This is not a routine disagreement between Members of the House and
the Senate. This is a disagreement that affects our Nation while we are
at war. We have hundreds of thousands of service men and women deployed
around the world. This sends a message we are not willing to take the
time to finish the work necessary to assure they have the money, the
funding, the facilities to do the work we have asked them to do. It
will have an impact on military life and the morale of our armed
services.
The Military Construction appropriations bill not only contains money
for military construction and for quality of life, but it also contains
the money for our veterans. In total, it provides critical funding for
family housing, barracks, mission facilities, implementation of the
base closure and realignment process, maintenance of defense and
veterans facilities, environment cleanup, the Defense Health Program,
and medical care for our veterans.
Now I am told that the CR does now come up to the President's request
for

[[Page S11623]]

the medical health program, and that really removes part of my
objection to proceeding on this bill. Without this bill, the Department
of Defense and Veterans Affairs have to contend with this continuing
resolution. Most people do not understand it. It means these moneys
will be postponed until mid-February, the additional moneys that are
necessary to meet the additional demands being placed on our Armed
Services before September 30. We are supposed to finish this bill by
September 30.
I am told the Department of Defense will not be able to start a
single military construction project, although those projects were
authorized more than 3 months ago. It means the projects cannot be
started until the regular bill is passed. I hope it will be passed in
February.
Now, I took the time to go to Italy and look at the new Army base
there and the new Air Force base there, as we are redeploying our
forces from Germany and other places into Italy. Those projects involve
barracks, quality of life facilities, and family housing. That cannot
go forward. The money will not be available because it was not covered
by the 2006 appropriations bill. It is not covered by this continuing
resolution.
I think it is true now, because of what I mentioned, the Veterans'
Administration should be able to sustain the medical care for our
veterans without disruption. But I can tell the Senate, they will not
be able to go much more than mid-February without running into real
trouble. So one of the first bills that ought to be considered when we
get back is the Veterans appropriations bill.
I am here tonight because I announced to our conference I would
oppose this CR unless it contained these bills in it. After consulting,
and my staff consulting, with the Department of Defense, the Veterans'
Administration, and understanding what the House has done now since
that time on the medical portion for the Veterans' Administration, it
does not seem possible for me to do that now. All I can do is express
my deep reservation about voting for this bill under the circumstances.
We should have had at least the balance of the military money and the
veterans money made available by this Congress before we went home. And
I am really disappointed it is not possible.
Mr. President, I say to the Senator from Texas, you wish the floor
again? The Senator from Ohio would follow me, but you wish to comment?
Mrs. HUTCHISON. Mr. President, I would just like to clarify, with the
Senator from Alaska on this subject, that the Senate did act. The
Senate did pass our bill, and we did appoint conferees, and it was a
lack of willingness on the part of the House to have conferees meet
with the Senate. His disappointment is the same as mine.
I am going to start working on January 4, when we are sworn in to the
new Congress. And I hope we can take the bill that has been passed
unanimously by the Senate and work through the appropriations process
and pass this bill before the continuing resolution is ended on
February 15. We do not have to wait until February 15. And once the
committee is constituted, and we have a chairman and a ranking member,
I will be the ranking member, and I will work with the chairman. And I
hope we can pass this bill because it is in very good order and it was
unanimously supported by the Senate. And I think we are pretty close to
what the House passed. I think, with a strong will, we will be able to
come in before February 15 and start those projects about which the
Senator from Alaska just spoke.
So I will look forward to working with him in the new year, both for
Defense appropriations and for this Military Construction bill and the
Veterans Affairs bill and the military quality of life that is in the
bill that we passed in the Senate earlier this year.
I thank the Senator.
Mr. STEVENS. Mr. President, I thank the Senator from Texas for those
comments.
My point is, the Congress as a whole should have finished its job. We
should have done this job before this Congress ends, particularly for
those bills which impact the men and women in our Armed Services, their
families, and the veterans who have served, particularly the new class
of veterans now who are coming out of the service, many of whom are
wounded. Many of them have readjustment problems. This bill, the bill
the Senator from Texas and her subcommittee prepared, would have
answered many of those problems. It would have made money available now
to deal with them.
I am chagrined that bill is not going to pass. I think it is a
failure of this Congress. And we ought to admit it is a failure. But as
far as this Senator is concerned, we have done everything we can to try
to rectify that. It is just not possible to get the Congress to vote.
The House has already voted. I do not think it is possible for us to
try to amend this bill now. And I am told the agencies involved have
reviewed it and say they will find a way to continue their work until
February without it.
That does not answer the question to me though because the things
they should start now would be well underway by February, and it will
not be possible with postponing this bill. It is a tragedy we are not
able to complete our appropriations process, in my opinion.
I yield the floor.
The PRESIDING OFFICER. The Senator from Ohio.

____________________