[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

     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 5 of S. 3421, as amended, would authorize the 
     following 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.

                          ____________________