[Congressional Record Volume 155, Number 169 (Monday, November 16, 2009)]
[Senate]
[Pages S11377-S11379]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     MILITARY CONSTRUCTION, VETERANS AFFAIRS AND RELATED AGENCIES 
                  APPROPRIATIONS ACT, 2010--Continued

  Mr. DURBIN. Mr. President, I ask unanimous consent that the Senate 
now resume consideration of H.R. 3082, the Military Construction-VA 
appropriations bill.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. DURBIN. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  Mr. JOHNSON. Mr. President, I ask unanimous consent the order for the 
quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. JOHNSON. Mr. President, I ask unanimous consent that it be in 
order for the following amendments to be considered en bloc: 2759, 
2760, 2741, 2752, 2738, 2746, 2773, 2740, 2749, 2751, 2743, 2771, 2737, 
2747, 2745, 2734, 2753.
  The PRESIDING OFFICER. Without objection, it is so ordered.


Amendments Nos. 2741; 2759; 2760; 2740; 2752; 2746; 2737, as modified; 
      2745, as modified; 2747, as modified, and 2771, as modified

  Mr. JOHNSON. Mr. President, I now ask unanimous consent that 
amendments Nos. 2741, 2759, 2760, 2740, 2752, and 2746, which are 
pending, be considered and agreed to en bloc and the motion to 
reconsider be laid upon the table; that amendments Nos. 2737, 2745, 
2747, and 2771 be modified with the changes at the desk, and that, as 
modified, the amendments be agreed to and the motion to reconsider be 
laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendments (Nos. 2741, 2759, 2760, 2740, 2752, and 2746) were 
agreed to.
  The amendments (Nos. 2737, as modified; 2745, as modified; 2747, as 
modified, and 2771, as modified) were agreed to, as follows:


                    amendment no. 2737, as modified

       On page 52, after line 21, add the following:
       Sec. 229.  Of the amount appropriated or otherwise made 
     available by this title under the heading ``medical 
     services'', $150,000,000 may be available for the grant 
     program under section 2011 of title 38, United States Code, 
     and per diem payments under section 2012 of such title.


                    amendment no. 2745, as modified

       On page 52, after line 21, add the following:
       Sec. 229.  Of the amounts appropriated or otherwise made 
     available by this title for the Department of Veterans 
     Affairs, up to $5,000,000 may be available for the study 
     required by section 1077 of the National Defense 
     Authorization Act for Fiscal Year 2010.


                    amendment no. 2747, as modified

       On page 52, after line 21, add the following:
       Sec. 229. (a) Campus Outreach and Services for Mental 
     Health and Neurological Conditions.--Of the amounts 
     appropriated or otherwise made available by this title, 
     $5,000,000 may be available to conduct outreach to and 
     provide services at institutions of higher education to 
     ensure that veterans enrolled in programs of education at 
     such institutions have information on and access to care and 
     services for neurological and psychological issues.
       (b) Supplement Not Supplant.--The amount described in 
     subsection (a) for the purposes described in such subsection 
     is in addition to amounts otherwise appropriated or made 
     available for readjustment counseling and related mental 
     health services.


                    amendment no. 2771, as modified

       At the end of title II, add the following:
       Sec. 229.  In administering section 51.210(d) of title 38, 
     Code of Federal Regulations, the Secretary of Veterans 
     Affairs may permit a State home to provide services to, in 
     addition to non-veterans described in such section, a non-
     veteran any of whose children died while serving in the Armed 
     Forces, as long as such services are not denied to a 
     qualified veteran seeking such services.


        Amendments Nos. 2734, 2738, 2773, 2753, 2749, 2751, 2743

  Mr. JOHNSON. Mr. President, on behalf of various Senators I now call 
up en bloc amendments Nos. 2734, 2738, 2773, 2753, 2749, 2751, 2743. I 
ask unanimous consent that the amendments be considered and agreed to, 
and the motions to reconsider be laid upon the table en bloc.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendments were considered and agreed to, as follows:


                           amendment no. 2734

  (Purpose: To require a report on bid savings realized from cost and 
          scope variations for military construction projects)

       On page 27, between lines 3 and 4, insert the following:
       Sec. 128.  Not later than each of April 15, 2010, July 15, 
     2010, and October 15, 2010, the Secretary of Defense shall 
     submit to the congressional defense committees a consolidated 
     report from each of the military departments and Defense 
     agencies identifying,

[[Page S11378]]

     by project and dollar amount, bid savings resulting from cost 
     and scope variations pursuant to section 2853 of title 10, 
     United States Code, exceeding 25 percent of the appropriated 
     amount for military construction projects funded by this Act, 
     the Supplemental Appropriations Act, 2009 (Public Law 111-
     32), and the Military Construction and Veterans Affairs 
     Appropriations Act, 2009 (division E of Public Law 110-329), 
     including projects funded through the regular military 
     construction accounts, the Department of Defense Base Closure 
     Account 2005, and the overseas contingency operations 
     military construction accounts.


                           amendment no. 2738

  (Purpose: To provide for a study on transportation improvements to 
 accommodate installation growth associated with the 2005 Defense Base 
                Closure and Realignment (BRAC) program)

       On page 27, between lines 3 and 4, insert the following:
       Sec. 128. (a) Of the funds appropriated or otherwise made 
     available by this title under the heading ``Department of 
     Defense Base Closure Account, 2005'', $450,000 shall be 
     available for the Secretary of Defense to enter into an 
     arrangement with the National Academy of Sciences to conduct 
     a study through the Transportation Research Board of Federal 
     funding of transportation improvements to accommodate 
     installation growth associated with the 2005 Defense Base 
     Closure and Realignment (BRAC) program.
       (b) The study conducted pursuant to subsection (a) shall--
       (1) examine case studies of congestion caused on 
     metropolitan road and transit facilities when BRAC 
     requirements cause shifts in personnel to occur faster than 
     facilities can be improved through the usual State and local 
     processes;
       (2) review the criteria used by the Defense Access Roads 
     (DAR) program for determining the eligibility of 
     transportation projects and the appropriate Department of 
     Defense share of public highway and transit improvements in 
     BRAC cases;
       (3) assess the adequacy of current Federal surface 
     transportation and Department of Defense programs that fund 
     highway and transit improvements in BRAC cases to mitigate 
     transportation impacts in urban areas with preexisting 
     traffic congestion and saturated roads;
       (4) identify promising approaches for funding road and 
     transit improvements and streamlining transportation project 
     approvals in BRAC cases; and
       (5) provide recommendations for modifications of current 
     policy for the DAR and Office of Economic Adjustment 
     programs, including funding strategies, road capacity 
     assessments, eligibility criteria, and other government 
     policies and programs the National Academy of Sciences may 
     identify, to mitigate the impact of BRAC-related installation 
     growth on preexisting urban congestion.
       (c) The Secretary of Defense shall enter into an 
     arrangement with the National Academy of Sciences to provide 
     the study conducted pursuant to subsection (a) by not later 
     than 45 days after the date of the enactment of the Act.
       (d)(1) Not later than May 15, 2010, the National Academy of 
     Sciences shall provide an interim report of its findings to 
     the Secretary of Defense and the Committees on Armed Services 
     and Appropriations of the Senate and the House of 
     Representatives.
       (2) Not later than January 31, 2011, the National Academy 
     of Sciences shall provide a final report of its findings to 
     the Secretary of Defense and the Committees on Armed Services 
     and Appropriations of the Senate and the House of 
     Representatives.


                           amendment no. 2773

   (Purpose: To designate the Department of Veterans Affairs Medical 
   Center in Louisville, Kentucky, as the ``Robley Rex Department of 
                   Veterans Affairs Medical Center'')

       At the end of title II, add the following:
       Sec. 229. (a) Designation of Robley Rex Department of 
     Veterans Affairs Medical Center.--The Department of Veterans 
     Affairs Medical Center in Louisville, Kentucky, and any 
     successor to such medical center, shall after the date of the 
     enactment of this Act be known and designated as the ``Robley 
     Rex Department of Veterans Affairs Medical Center''.
       (b) References.--Any reference in any law, regulation, map, 
     document, record, or other paper of the United States to the 
     medical center referred to in subsection (a) shall be 
     considered to be a reference to the Robley Rex Department of 
     Veterans Affairs Medical Center.


                           amendment no. 2753

 (Purpose: To make a technical correction requested by the Army in the 
      funding of dining projects at forwarding operating bases in 
                              Afghanistan)

       On page 56, between lines 9 and 10, insert the following:

                        Administrative Provision

       Sec. 401. (a)(1) The amount appropriated or otherwise made 
     available by this title under the heading ``Military 
     Construction, Army'' and available for a dining hall project 
     at Forward Operating Base Dwyer is hereby increased by 
     $4,400,000.
       (2) The amount appropriated or otherwise made available by 
     this title under the heading ``Military Construction, Army'' 
     and available for a dining hall project at Forward Operating 
     Base Maywand is hereby reduced by $4,400,000.
       (b)(1) The amount appropriated or otherwise made available 
     by this title under the heading ``Military Construction, 
     Army'' and available for a dining hall project at Forward 
     Operating Base Wolverine is hereby increased by $2,150,000.
       (2) The amount appropriated or otherwise made available by 
     this title under the heading ``Military Construction, Army'' 
     and available for a dining hall project at Forward Operating 
     Base Tarin Kowt is hereby reduced by $2,150,000.


                           amendment no. 2749

    (Purpose: To provide $37,500,000 requested by the Air Force for 
  construction of an Unmanned Aerial System Field Training Complex at 
 Holloman Air Force Base, New Mexico, as authorized by section 2301(a) 
  of the Military Construction Authorization Act for Fiscal Year 2010 
      (division B of Public Law 111-84), and to provide an offset)

       On page 27, between lines 3 and 4, insert the following:
       Sec. 128. (a)(1) The amount appropriated or otherwise made 
     available by this title under the heading ``Military 
     Construction, Air Force'' is hereby increased by $37,500,000.
       (2) Of the amount appropriated or otherwise made available 
     by this title under the heading ``Military Construction, Air 
     Force'', as increased by paragraph (1), $37,500,000 shall be 
     available for construction of an Unmanned Aerial System Field 
     Training Complex at Holloman Air Force Base, New Mexico.
       (b) Of the amount appropriated or otherwise made available 
     by title I of the Military Construction and Veterans Affairs 
     Appropriations Act, 2009 (division E of Public Law 110-329; 
     122 Stat. 3692) under the heading ``Military Construction, 
     Air Force'' and available for the purpose of Unmanned Aerial 
     System Field Training facilities construction, $38,500,000 is 
     hereby rescinded.


                           AMENDMENT NO. 2751

(Purpose: To make a technical correction for the Air Force at Columbus 
                           AFB, Mississippi)

       On page 4, line 6, after the date, insert the following:

     , Of which $9,800,000 shall be for an Aircraft Fuel Systems 
     Maintenance Dock at Columbus AFB, Mississippi


                           amendment no. 2743

   (Purpose: To provide, with an offset, an additional $750,000 for 
homeless veterans comprehensive service programs and housing assistance 
                        and supportive services)

       On page 52, after line 21, add the following:
       Sec. 229. (a) Additional Amount for Homeless Veterans 
     Comprehensive Service Programs and Housing Assistance and 
     Supportive Services.--The amount appropriated by this title 
     under the heading ``medical services'' under the heading 
     ``Veterans Health Administration'' is increased by $750,000, 
     with the amount of the increase to be available for the 
     following:
       (1) The grant program under section 2011 of title 38, 
     United States Code.
       (2) Per diem payments under section 2012 of such title.
       (3) Housing assistance and supportive services under 
     subchapter V of chapter 20 of such title.
       (b) Offset.--The amount appropriated or otherwise made 
     available by this title under the heading ``general operating 
     expenses'' under the heading ``Departmental Administration'' 
     is decreased by $750,000.

  Mr. JOHNSON. Mr. President, I ask unanimous consent that on Tuesday, 
November 17, following a period of morning business, the Senate resume 
consideration of H.R. 3082, and that the following list of amendments 
be the only amendments remaining in order, with no second-degree 
amendments in order to any listed amendments: Johnson amendment No. 
2733, Feingold amendment No. 2748; Cochran amendment No. 2763, Inhofe 
amendment No. 2774, Inouye amendment 2754, McCain second-degree 
amendment No. 2776; that the previous order regarding a managers' 
amendment remain in effect; that the vote with respect to the Inhofe 
amendment occur when the Senate resumes consideration of the bill at 
2:15, and that upon disposition of the Inhofe amendment, the provisions 
of the previous order with respect to disposition of the substitute and 
passage of the bill be in effect; that there be 2 minutes of debate 
prior to each vote, except that prior to the Inhofe vote there be 5 
minutes of debate, with all debate time equally divided and controlled 
in the usual form; further, that amendment No. 2779 be withdrawn once 
this agreement is entered into this evening, with any relevant 
provisions of the order of November 10 in effect.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (The amendment (No. 2779) was withdrawn.
  Mr. JOHNSON. Mr. President, as in executive session, I ask unanimous 
consent that on Tuesday, following the disposition of H.R. 3082, the 
order with respect to the Hamilton nomination be executed.

[[Page S11379]]

  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senator from Texas.
  Mrs. HUTCHISON. Parliamentary inquiry: I did not understand the last 
unanimous consent request, that we were going to a nomination?
  Mr. JOHNSON. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mrs. HUTCHISON. I ask unanimous consent that the order for the quorum 
call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mrs. HUTCHISON. Mr. President, I believe we are now on the glidepath 
to finishing the Military Construction and Veterans Affairs bill. We 
have an order. If we can clear some of the further amendments that are 
listed for a vote, I know we will be able to do that. Some of these are 
being negotiated at this time. At least we have a way forward.
  Our staffs have worked very diligently on this since we started this 
bill last Tuesday and, for various reasons, we are going to finish it 
tomorrow, a week later. We could not have done it without a lot of 
cooperation. I thank my distinguished colleague, the chairman of the 
subcommittee, Senator Johnson, and his staff: Christina Evans, Chad 
Schulken, and Andy Vanlandingham. My staff also has ably worked through 
these. When I was called away to Fort Hood, my chief clerk, Dennis 
Balkham, did a great job with the help of Ben Hammond in our office. I 
appreciate very much all the cooperation and the help we have had 
coming to this point.
  I am pleased with our bill. I think we have a good bill that will do 
what all of us want, which is to assure that our veterans have the 
health care, the benefits, the needed outreach they should have for 
getting their benefits on a timely basis. This is one of the priorities 
we are funding in this bill. Secondly, of course, the military 
construction part of this bill is going to assure many quality-of-life 
improvements for our military personnel. Also, we will be building in 
faraway places where our troops are being housed right now. We want to 
give them every comfort we possibly can as they are fighting for our 
freedom.
  I thank my colleagues and certainly appreciate that we are now moving 
toward final passage of this bill tomorrow. I appreciate all the 
cooperation we have had.
  I yield the floor and suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. DURBIN. I ask unanimous consent that the order for the quorum 
call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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