[Congressional Record (Bound Edition), Volume 151 (2005), Part 15]
[Senate]
[Pages 21000-21026]
[From the U.S. Government Publishing Office, www.gpo.gov]




   MILITARY CONSTRUCTION AND VETERANS AFFAIRS, AND RELATED AGENCIES 
                        APPROPRIATIONS ACT, 2006

  The PRESIDING OFFICER. Under the previous order, the Senate will 
proceed to the consideration of H.R. 2528, which the clerk will report.
  The legislative clerk read as follows:

       A bill (H.R. 2528) making appropriations for military 
     quality of life functions of the Department of Defense, 
     military construction, the Department of Veterans Affairs, 
     and related agencies for the fiscal year ending September 30, 
     2006, and for other purposes.

  The Senate proceeded to consider the bill which had been reported 
from the Committee on Appropriations, with an amendment.

       (Strike the part shown in black brackets and insert the 
     part shown in italic.)

                               H.R. 2528

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,
     [That the following sums are appropriated, out of any money 
     in the Treasury not otherwise appropriated for military 
     quality of life functions of the Department of Defense, 
     military construction, the Department of Veterans Affairs, 
     and related agencies, for the fiscal year ending September 
     30, 2006, and for other purposes, namely:

                                [TITLE I

                         [DEPARTMENT OF DEFENSE

                      [Military Construction, Army

       [For acquisition, construction, installation, and equipment 
     of temporary or permanent public works, military 
     installations, facilities, and real property for the Army as 
     currently authorized by law, including personnel in the Army 
     Corps of Engineers and other personal services necessary for 
     the purposes of this appropriation, and for construction and 
     operation of facilities in support of the functions of the 
     Commander in Chief, $1,602,552,000, to remain available until 
     September 30, 2010: Provided, That of this amount, not to 
     exceed $168,804,000 shall be available for study, planning, 
     design, architect and engineer services, and host nation 
     support, as authorized by law, unless the Secretary of 
     Defense determines that additional obligations are necessary 
     for such purposes and notifies the Committees on 
     Appropriations of both Houses of Congress of the 
     determination and the reasons therefor.
       [In addition, $50,000,000, to remain available until 
     September 30, 2007, for overhead cover systems to support 
     force protection activities in Iraq: Provided, That 
     notwithstanding any other provision of law, such funds may be 
     obligated or expended to carry out planning and design and 
     military construction projects not otherwise authorized by 
     law.

             [Military Construction, Navy and Marine Corps

       [For acquisition, construction, installation, and equipment 
     of temporary or permanent public works, naval installations, 
     facilities, and real property for the Navy and Marine Corps 
     as currently authorized by law, including personnel in the 
     Naval Facilities Engineering Command and other personal 
     services necessary for the purposes of this appropriation, 
     $1,109,177,000, to remain available until September 30, 2010: 
     Provided, That of this amount, not to exceed $36,029,000 
     shall be available for study, planning, design, and architect 
     and engineer services, as authorized by law, unless the 
     Secretary of Defense determines that additional obligations 
     are necessary for such purposes and notifies the Committees 
     on Appropriations of both Houses of Congress of the 
     determination and the reasons therefor.

                   [Military Construction, Air Force

       [For acquisition, construction, installation, and equipment 
     of temporary or permanent public works, military 
     installations, facilities, and real property for the Air 
     Force as currently authorized by law, $1,171,338,000, to 
     remain available until September 30, 2010: Provided, That of 
     this amount, not to exceed $91,733,000 shall be available for 
     study, planning, design, and architect and engineer services, 
     as authorized by law, unless the Secretary of Defense 
     determines that additional obligations are necessary for such 
     purposes and notifies the Committees on Appropriations of 
     both Houses of Congress of the determination and the reasons 
     therefor.

                  [Military Construction, Defense-wide


                     [(including transfer of funds)

       [For acquisition, construction, installation, and equipment 
     of temporary or permanent public works, installations, 
     facilities, and real property for activities and agencies of 
     the Department of Defense (other than the military 
     departments), as currently authorized by law, $976,664,000, 
     to remain available until September 30, 2010: Provided, That 
     such amounts of this appropriation as may be determined by 
     the Secretary of Defense may be transferred to such 
     appropriations of the Department of Defense available for 
     military construction or family housing as the Secretary may 
     designate, to be merged with and to be available for the same 
     purposes, and for the same time period, as the appropriation 
     or fund to which transferred: Provided further, That of the 
     amount appropriated, not to exceed $107,285,000 shall be 
     available for study, planning, design, and architect and 
     engineer services, as authorized by law, unless the Secretary 
     of Defense determines that additional obligations are 
     necessary for such purposes and notifies the Committees on 
     Appropriations of both Houses of Congress of the 
     determination and the reasons therefor.

              [Military Construction, Army National Guard

       [For construction, acquisition, expansion, rehabilitation, 
     and conversion of facilities for the training and 
     administration of the Army National Guard, and contributions 
     therefor, as authorized by chapter 1803 of title 10, United 
     States Code, and Military Construction Authorization Acts, 
     $410,624,000, to remain available until September 30, 2010.

               [Military Construction, Air National Guard

       [For construction, acquisition, expansion, rehabilitation, 
     and conversion of facilities for the training and 
     administration of the Air National Guard, and contributions 
     therefor, as authorized by chapter 1803 of title 10, United 
     States Code, and Military Construction Authorization Acts, 
     $225,727,000, to remain available until September 30, 2010.

                  [Military Construction, Army Reserve

       [For construction, acquisition, expansion, rehabilitation, 
     and conversion of facilities for the training and 
     administration of the Army Reserve as authorized by chapter 
     1803 of title 10, United States Code, and Military 
     Construction Authorization Acts, $138,425,000, to remain 
     available until September 30, 2010.

                 [Military Construction, Naval Reserve

       [For construction, acquisition, expansion, rehabilitation, 
     and conversion of facilities for the training and 
     administration of the reserve components of the Navy and 
     Marine Corps as authorized by chapter 1803 of title 10, 
     United States Code, and Military Construction Authorization 
     Acts, $45,226,000, to remain available until September 30, 
     2010.

               [Military Construction, Air Force Reserve

       [For construction, acquisition, expansion, rehabilitation, 
     and conversion of facilities for the training and 
     administration of the Air Force Reserve as authorized by 
     chapter 1803 of title 10, United States Code, and Military 
     Construction Authorization Acts, $110,847,000, to remain 
     available until September 30, 2010.

    [North Atlantic Treaty Organization Security Investment Program

       [For the United States share of the cost of the North 
     Atlantic Treaty Organization Security Investment Program for 
     the acquisition and construction of military facilities and 
     installations (including international military headquarters) 
     and for related expenses for the collective defense of the 
     North Atlantic Treaty Area as authorized by section 2806 of 
     title 10, United States Code, and Military Construction 
     Authorization Acts, $206,858,000, to remain available until 
     expended.

[[Page 21001]]



                   [Family Housing Construction, Army

       [For expenses of family housing for the Army for 
     construction, including acquisition, replacement, addition, 
     expansion, extension, and alteration, as authorized by law, 
     $549,636,000, to remain available until September 30, 2010.

            [Family Housing Operation and Maintenance, Army

       [For expenses of family housing for the Army for operation 
     and maintenance, including debt payment, leasing, minor 
     construction, principal and interest charges, and insurance 
     premiums, as authorized by law, $803,993,000.

          [Family Housing Construction, Navy and Marine Corps

       [For expenses of family housing for the Navy and Marine 
     Corps for construction, including acquisition, replacement, 
     addition, expansion, extension, and alteration, as authorized 
     by law, $218,942,000, to remain available until September 30, 
     2010.

    [Family Housing Operation and Maintenance, Navy and Marine Corps

       [For expenses of family housing for the Navy and Marine 
     Corps for operation and maintenance, including debt payment, 
     leasing, minor construction, principal and interest charges, 
     and insurance premiums, as authorized by law, $588,660,000.

                [Family Housing Construction, Air Force

       [For expenses of family housing for the Air Force for 
     construction, including acquisition, replacement, addition, 
     expansion, extension, and alteration, as authorized by law, 
     $1,236,220,000, to remain available until September 30, 2010.

          [Family Housing Operation and Maintenance, Air Force

       [For expenses of family housing for the Air Force for 
     operation and maintenance, including debt payment, leasing, 
     minor construction, principal and interest charges, and 
     insurance premiums, as authorized by law, $755,319,000.

        [Family Housing Operation and Maintenance, Defense-wide

       [For expenses of family housing for the activities and 
     agencies of the Department of Defense (other than the 
     military departments) for operation and maintenance, leasing, 
     and minor construction, as authorized by law, $46,391,000.

         [Department of Defense Family Housing Improvement Fund

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

               [Base Realignment and Closure Account 1990

       [For deposit into the Department of Defense Base Closure 
     Account 1990, established by section 2906(a)(1) of the 
     Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 
     2687 note), $377,827,000, to remain available until expended.

               [Base Realignment and Closure Account 2005

       [For deposit into the Department of Defense Base 
     Realignment and Closure Account 2005, established by section 
     2906A(a)(1) of the Defense Base Closure and Realignment Act 
     of 1990 (10 U.S.C. 2687 note), $1,570,466,000, to remain 
     available until expended.

                   [Basic Allowance for Housing, Army

       [For basic allowance for housing, for members of the Army 
     on active duty, $3,945,392,000.

                   [Basic Allowance for Housing, Navy

       [For basic allowance for housing, for members of the Navy 
     on active duty, $3,592,905,000.

               [Basic Allowance for Housing, Marine Corps

       [For basic allowance for housing, for members of the Marine 
     Corps on active duty, $1,179,071,000.

                [Basic Allowance for Housing, Air Force

       [For basic allowance for housing, for members of the Air 
     Force on active duty, $3,240,113,000.

           [Basic Allowance for Housing, Army National Guard

       [For basic allowance for housing, for members of the Army 
     National Guard on active duty, $453,690,000.

            [Basic Allowance for Housing, Air National Guard

       [For basic allowance for housing, for members of the Air 
     National Guard on active duty, $248,317,000.

               [Basic Allowance for Housing, Army Reserve

       [For basic allowance for housing, for members of the Army 
     Reserve on active duty, $310,566,000.

              [Basic Allowance for Housing, Naval Reserve

       [For basic allowance for housing, for members of the Naval 
     Reserve on active duty, $191,338,000.

           [Basic Allowance for Housing, Marine Corps Reserve

       [For basic allowance for housing, for members of the Marine 
     Corps Reserve on active duty, $40,609,000.

            [Basic Allowance for Housing, Air Force Reserve

       [For basic allowance for housing, for members of the Air 
     Force Reserve on active duty, $71,286,000.

      [Facilities Sustainment, Restoration and Modernization, Army

       [For expenses for facilities sustainment, restoration and 
     modernization of the Army, $1,850,518,000.

      [Facilities Sustainment, Restoration and Modernization, Navy

       [For expenses for facilities sustainment, restoration and 
     modernization of the Navy, $1,344,971,000.

  [Facilities Sustainment, Restoration and Modernization, Marine Corps

       [For expenses for facilities sustainment, restoration and 
     modernization of the Marine Corps, $553,960,000.

   [Facilities Sustainment, Restoration and Modernization, Air Force

       [For expenses for facilities sustainment, restoration and 
     modernization of the Air Force, $1,845,701,000.

  [Facilities Sustainment, Restoration and Modernization, Defense-wide

       [For expenses for facilities sustainment, restoration and 
     modernization of the Department of Defense, $115,400,000.

 [Facilities Sustainment, Restoration and Modernization, Army National 
                                 Guard

       [For expenses for facilities sustainment, restoration and 
     modernization of the Army National Guard, $391,544,000.

 [Facilities Sustainment, Restoration and Modernization, Air National 
                                 Guard

       [For expenses for facilities sustainment, restoration and 
     modernization of the Air National Guard, $184,791,000.

  [Facilities Sustainment, Restoration and Modernization, Army Reserve

       [For expenses for facilities sustainment, restoration and 
     modernization of the Army Reserve, $204,370,000.

 [Facilities Sustainment, Restoration and Modernization, Naval Reserve

       [For expenses for facilities sustainment, restoration and 
     modernization of the Naval Reserve, $67,788,000.

 [Facilities Sustainment, Restoration and Modernization, Marine Corps 
                                Reserve

       [For expenses for facilities sustainment, restoration and 
     modernization of the Marine Corps Reserve, $10,105,000.

   [Facilities Sustainment, Restoration and Modernization, Air Force 
                                Reserve

       [For expenses for facilities sustainment, restoration and 
     modernization of the Air Force Reserve, $55,764,000.

                    [Environmental Restoration, Army


                     [(including transfer of funds)

       [For the Department of the Army, $407,865,000, to remain 
     available until transferred: Provided, That the Secretary of 
     the Army shall, upon determining that such funds are required 
     for environmental restoration, reduction and recycling of 
     hazardous waste, removal of unsafe buildings and debris of 
     the Department of the Army, or for similar purposes, transfer 
     the funds made available by this appropriation to other 
     appropriations made available to the Department of the Army, 
     to be merged with and to be available for the same purposes 
     and for the same time period as the appropriations to which 
     transferred: Provided further, That upon a determination that 
     all or part of the funds transferred from this appropriation 
     are not necessary for the purposes provided herein, such 
     amounts may be transferred back to this appropriation.

                    [Environmental Restoration, Navy


                     [(including transfer of funds)

       [For the Department of the Navy, $305,275,000, to remain 
     available until transferred: Provided, That the Secretary of 
     the Navy shall, upon determining that such funds are required 
     for environmental restoration, reduction and recycling of 
     hazardous waste, removal of unsafe buildings and debris of 
     the Department of the Navy, or for similar purposes, transfer 
     the funds made available by this appropriation to other 
     appropriations made available to the Department of the Navy, 
     to be merged with and to be available for the same purposes 
     and for the same time period as the appropriations to which 
     transferred: Provided further, That upon a determination that 
     all or part of the funds transferred from this appropriation 
     are not necessary for the purposes provided herein, such 
     amounts may be transferred back to this appropriation.

                 [Environmental Restoration, Air Force


                     [(including transfer of funds)

       [For the Department of the Air Force, $406,461,000, to 
     remain available until transferred: Provided, That the 
     Secretary of the Air Force shall, upon determining that such 
     funds are required for environmental restoration, reduction 
     and recycling of hazardous waste, removal of unsafe buildings 
     and debris of the Department of the Air Force, or for similar 
     purposes, transfer the

[[Page 21002]]

     funds made available by this appropriation to other 
     appropriations made available to the Department of the Air 
     Force, to be merged with and to be available for the same 
     purposes and for the same time period as the appropriations 
     to which transferred: Provided further, That upon a 
     determination that all or part of the funds transferred from 
     this appropriation are not necessary for the purposes 
     provided herein, such amounts may be transferred back to this 
     appropriation.

                [Environmental Restoration, Defense-wide


                     [(including transfer of funds)

       [For the Department of Defense, $28,167,000, to remain 
     available until transferred: Provided, That the Secretary of 
     Defense shall, upon determining that such funds are required 
     for environmental restoration, reduction and recycling of 
     hazardous waste, removal of unsafe buildings and debris of 
     the Department of Defense, or for similar purposes, transfer 
     the funds made available by this appropriation to other 
     appropriations made available to the Department of Defense, 
     to be merged with and to be available for the same purposes 
     and for the same time period as the appropriations to which 
     transferred: Provided further, That upon a determination that 
     all or part of the funds transferred from this appropriation 
     are not necessary for the purposes provided herein, such 
     amounts may be transferred back to this appropriation.

        [Environmental Restoration, Formerly Used Defense Sites


                     [(INCLUDING TRANSFER OF FUNDS)

       [For the Department of the Army, $221,921,000, to remain 
     available until transferred: Provided, That the Secretary of 
     the Army shall, upon determining that such funds are required 
     for environmental restoration, reduction and recycling of 
     hazardous waste, removal of unsafe buildings and debris at 
     sites formerly used by the Department of Defense, transfer 
     the funds made available by this appropriation to other 
     appropriations made available to the Department of the Army, 
     to be merged with and to be available for the same purposes 
     and for the same time period as the appropriations to which 
     transferred: Provided further, That upon a determination that 
     all or part of the funds transferred from this appropriation 
     are not necessary for the purposes provided herein, such 
     amounts may be transferred back to this appropriation.

                        [Defense Health Program

       [For expenses, not otherwise provided for, for medical and 
     health care programs of the Department of Defense, as 
     authorized by law, $19,983,912,000, of which $19,184,537,000 
     shall be for operation and maintenance, of which not to 
     exceed 2 percent shall remain available until September 30, 
     2007, and of which up to $10,212,427,000 may be available for 
     contracts entered into under the TRICARE program; of which 
     $355,119,000, to remain available for obligation until 
     September 30, 2008, shall be for procurement; and of which 
     $444,256,000, to remain available for obligation until 
     September 30, 2007, shall be for research, development, test 
     and evaluation: Provided, That notwithstanding any other 
     provision of law, of the amount made available under this 
     heading for research, development, test and evaluation, not 
     less than $7,500,000 shall be available for HIV prevention 
     educational activities undertaken in connection with U.S. 
     military training, exercises, and humanitarian assistance 
     activities conducted primarily in African nations.

                       [Administrative Provisions

       [Sec. 101. None of the funds made available in this title 
     shall be expended for payments under a cost-plus-a-fixed-fee 
     contract for construction, where cost estimates exceed 
     $25,000, to be performed within the United States, except 
     Alaska, without the specific approval in writing of the 
     Secretary of Defense setting forth the reasons therefor.
       [Sec. 102. Funds appropriated in this title for 
     construction shall be available for hire of passenger motor 
     vehicles.
       [Sec. 103. Funds appropriated in this title for 
     construction may be used for advances to the Federal Highway 
     Administration, Department of Transportation, for the 
     construction of access roads as authorized by section 210 of 
     title 23, United States Code, when projects authorized 
     therein are certified as important to the national defense by 
     the Secretary of Defense.
       [Sec. 104. None of the funds made available in this title 
     may be used to begin construction of new bases in the United 
     States for which specific appropriations have not been made.
       [Sec. 105. None of the funds made available in this title 
     shall be used for purchase of land or land easements in 
     excess of 100 percent of the value as determined by the Army 
     Corps of Engineers or the Naval Facilities Engineering 
     Command, except: (1) where there is a determination of value 
     by a Federal court; (2) purchases negotiated by the Attorney 
     General or the designee of the Attorney General; (3) where 
     the estimated value is less than $25,000; or (4) as otherwise 
     determined by the Secretary of Defense to be in the public 
     interest.
       [Sec. 106. None of the funds made available in this title 
     shall be used to: (1) acquire land; (2) provide for site 
     preparation; or (3) install utilities for any family housing, 
     except housing for which funds have been made available in 
     annual Acts making appropriations for military construction.
       [Sec. 107. None of the funds made available in this title 
     for minor construction may be used to transfer or relocate 
     any activity from one base or installation to another, 
     without prior notification to the Committees on 
     Appropriations of both Houses of Congress.
       [Sec. 108. None of the funds made available in this title 
     may be used for the procurement of steel for any construction 
     project or activity for which American steel producers, 
     fabricators, and manufacturers have been denied the 
     opportunity to compete for such steel procurement.
       [Sec. 109. None of the funds available to the Department of 
     Defense for military construction or family housing during 
     the current fiscal year may be used to pay real property 
     taxes in any foreign nation.
       [Sec. 110. None of the funds made available in this title 
     may be used to initiate a new installation overseas without 
     prior notification to the Committees on Appropriations of 
     both Houses of Congress.
       [Sec. 111. None of the funds made available in this title 
     may be obligated for architect and engineer contracts 
     estimated by the Government to exceed $500,000 for projects 
     to be accomplished in Japan, in any NATO member country, or 
     in countries bordering the Arabian Sea, unless such contracts 
     are awarded to United States firms or United States firms in 
     joint venture with host nation firms.
       [Sec. 112. None of the funds made available in this title 
     for military construction in the United States territories 
     and possessions in the Pacific and on Kwajalein Atoll, or in 
     countries bordering the Arabian Sea, may be used to award any 
     contract estimated by the Government to exceed $1,000,000 to 
     a foreign contractor: Provided, That this section shall not 
     be applicable to contract awards for which the lowest 
     responsive and responsible bid of a United States contractor 
     exceeds the lowest responsive and responsible bid of a 
     foreign contractor by greater than 20 percent: Provided 
     further, That this section shall not apply to contract awards 
     for military construction on Kwajalein Atoll for which the 
     lowest responsive and responsible bid is submitted by a 
     Marshallese contractor.
       [Sec. 113. The Secretary of Defense is to inform the 
     appropriate committees of both Houses of Congress, including 
     the Committees on Appropriations, of the plans and scope of 
     any proposed military exercise involving United States 
     personnel 30 days prior to its occurring, if amounts expended 
     for construction, either temporary or permanent, are 
     anticipated to exceed $100,000.
       [Sec. 114. Not more than 20 percent of the funds made 
     available in this title which are limited for obligation 
     during the current fiscal year shall be obligated during the 
     last 2 months of the fiscal year.


                          [(transfer of funds)

       [Sec. 115. Funds appropriated to the Department of Defense 
     for construction in prior years shall be available for 
     construction authorized for each such military department by 
     the authorizations enacted into law during the current 
     session of Congress.
       [Sec. 116. For military construction or family housing 
     projects that are being completed with funds otherwise 
     expired or lapsed for obligation, expired or lapsed funds may 
     be used to pay the cost of associated supervision, 
     inspection, overhead, engineering and design on those 
     projects and on subsequent claims, if any.
       [Sec. 117. Notwithstanding any other provision of law, any 
     funds appropriated to a military department or defense agency 
     for the construction of military projects may be obligated 
     for a military construction project or contract, or for any 
     portion of such a project or contract, at any time before the 
     end of the fourth fiscal year after the fiscal year for which 
     funds for such project were appropriated if the funds 
     obligated for such project: (1) are obligated from funds 
     available for military construction projects; and (2) do not 
     exceed the amount appropriated for such project, plus any 
     amount by which the cost of such project is increased 
     pursuant to law.
       [Sec. 118. The Secretary of Defense is to provide the 
     Committees on Appropriations of both Houses of Congress with 
     an annual report by February 15, containing details of the 
     specific actions proposed to be taken by the Department of 
     Defense during the current fiscal year to encourage other 
     member nations of the North Atlantic Treaty Organization, 
     Japan, Korea, and United States allies bordering the Arabian 
     Sea to assume a greater share of the common defense burden of 
     such nations and the United States.


                          [(transfer of funds)

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

[[Page 21003]]

     note), to be merged with, and to be available for the same 
     purposes and the same time period as that account.


                          [(transfer of funds)

       [Sec. 120. Subject to 30 days prior notification to the 
     Committees on Appropriations of both Houses of Congress, such 
     additional amounts as may be determined by the Secretary of 
     Defense may be transferred to: (1) the Department of Defense 
     Family Housing Improvement Fund from amounts appropriated for 
     construction in ``Family Housing'' accounts, to be merged 
     with and to be available for the same purposes and for the 
     same period of time as amounts appropriated directly to the 
     Fund; or (2) the Department of Defense Military Unaccompanied 
     Housing Improvement Fund from amounts appropriated for 
     construction of military unaccompanied housing in ``Military 
     Construction'' accounts, to be merged with and to be 
     available for the same purposes and for the same period of 
     time as amounts appropriated directly to the Fund: Provided, 
     That appropriations made available to the Funds shall be 
     available to cover the costs, as defined in section 502(5) of 
     the Congressional Budget Act of 1974, of direct loans or loan 
     guarantees issued by the Department of Defense pursuant to 
     the provisions of subchapter IV of chapter 169 of title 10, 
     United States Code, pertaining to alternative means of 
     acquiring and improving military family housing, military 
     unaccompanied housing, and supporting facilities.
       [Sec. 121. None of the funds made available in this title 
     may be obligated for Partnership for Peace Programs in the 
     New Independent States of the former Soviet Union.
       [Sec. 122. (a) Not later than 60 days before issuing any 
     solicitation for a contract with the private sector for 
     military family housing the Secretary of the military 
     department concerned shall submit to the Committees on 
     Appropriations of both Houses of Congress the notice 
     described in subsection (b).
       [(b)(1) A notice referred to in subsection (a) is a notice 
     of any guarantee (including the making of mortgage or rental 
     payments) proposed to be made by the Secretary to the private 
     party under the contract involved in the event of--
       [(A) the closure or realignment of the installation for 
     which housing is provided under the contract;
       [(B) a reduction in force of units stationed at such 
     installation; or
       [(C) the extended deployment overseas of units stationed at 
     such installation.
       [(2) Each notice under this subsection shall specify the 
     nature of the guarantee involved and assess the extent and 
     likelihood, if any, of the liability of the Federal 
     Government with respect to the guarantee.


                          [(transfer of funds)

       [Sec. 123. In addition to any other transfer authority 
     available to the Department of Defense, amounts may be 
     transferred from the account established by section 
     2906(a)(1) of the Defense Base Closure and Realignment Act of 
     1990 (10 U.S.C. 2687 note), to the fund established by 
     section 1013(d) of the Demonstration Cities and Metropolitan 
     Development Act of 1966 (42 U.S.C. 3374) to pay for expenses 
     associated with the Homeowners Assistance Program. Any 
     amounts transferred shall be merged with and be available for 
     the same purposes and for the same time period as the fund to 
     which transferred.
       [Sec. 124. Notwithstanding this or any other provision of 
     law, funds made available in this title for operation and 
     maintenance of family housing shall be the exclusive source 
     of funds for repair and maintenance of all family housing 
     units, including general or flag officer quarters: Provided, 
     That not more than $35,000 per unit may be spent annually for 
     the maintenance and repair of any general or flag officer 
     quarters without 30 days prior notification to the Committees 
     on Appropriations of both Houses of Congress, except that an 
     after-the-fact notification shall be submitted if the 
     limitation is exceeded solely due to costs associated with 
     environmental remediation that could not be reasonably 
     anticipated at the time of the budget submission: Provided 
     further, That the Under Secretary of Defense (Comptroller) is 
     to report annually to the Committees on Appropriations of 
     both Houses of Congress all operation and maintenance 
     expenditures for each individual general or flag officer 
     quarters for the prior fiscal year.
       [Sec. 125. None of the funds made available in this title 
     under the heading ``North Atlantic Treaty Organization 
     Security Investment Program'', and no funds appropriated for 
     any fiscal year before fiscal year 2006 for that program that 
     remain available for obligation, may be obligated or expended 
     for the conduct of studies of missile defense.
       [Sec. 126. Whenever the Secretary of Defense or any other 
     official of the Department of Defense is requested by the 
     subcommittee on Military Quality of Life and Veterans 
     Affairs, and Related Agencies of the Committee on 
     Appropriations of the House of Representatives or the 
     subcommittee on Military Construction and Veterans Affairs, 
     and Related Agencies of the Committee on Appropriations of 
     the Senate to respond to a question or inquiry submitted by 
     the chairman or another member of that subcommittee pursuant 
     to a subcommittee hearing or other activity, the Secretary 
     (or other official) shall respond to the request, in writing, 
     within 21 days of the date on which the request is 
     transmitted to the Secretary (or other official).
       [Sec. 127. Amounts contained in the Ford Island Improvement 
     Account established by subsection (h) of section 2814 of 
     title 10, United States Code, are appropriated and shall be 
     available until expended for the purposes specified in 
     subsection (i)(1) of such section or until transferred 
     pursuant to subsection (i)(3) of such section.


                          [(transfer of funds)

       [Sec. 128. During the 5-year period after appropriations 
     available to the Department of Defense for military 
     construction and family housing operation and maintenance and 
     construction have expired for obligation, upon a 
     determination that such appropriations will not be necessary 
     for the liquidation of obligations or for making authorized 
     adjustments to such appropriations for obligations incurred 
     during the period of availability of such appropriations, 
     unobligated balances of such appropriations may be 
     transferred into the appropriation, ``Foreign Currency 
     Fluctuations, Construction, Defense,'' to be merged with and 
     to be available for the same time period and for the same 
     purposes as the appropriation to which transferred.
       [Sec. 129. None of the funds appropriated in this title 
     available for the Civilian Health and Medical Program of the 
     Uniformed Services (CHAMPUS) or TRICARE shall be available 
     for the reimbursement of any health care provider for 
     inpatient mental health service for care received when a 
     patient is referred to a provider of inpatient mental health 
     care or residential treatment care by a medical or health 
     care professional having an economic interest in the facility 
     to which the patient is referred: Provided, That this 
     limitation does not apply in the case of inpatient mental 
     health services provided under the program for persons with 
     disabilities under subsection (d) of section 1079 of title 
     10, United States Code, provided as partial hospital care, or 
     provided pursuant to a waiver authorized by the Secretary of 
     Defense because of medical or psychological circumstances of 
     the patient that are confirmed by a health professional who 
     is not a Federal employee after a review, pursuant to rules 
     prescribed by the Secretary, which takes into account the 
     appropriate level of care for the patient, the intensity of 
     services required by the patient, and the availability of 
     that care.
       [Sec. 130. The Secretary of Defense, in coordination with 
     the Secretary of Health and Human Services, may carry out a 
     program to distribute surplus dental and medical equipment of 
     the Department of Defense, at no cost to the Department of 
     Defense, to Indian Health Service facilities and to 
     federally-qualified health centers (within the meaning of 
     section 1905(l)(2)(B) of the Social Security Act (42 U.S.C. 
     1396d(l)(2)(B))).
       [Sec. 131. None of the funds made available in this title 
     may be used to carry out a military construction project, 
     land acquisition, or family housing project for a military 
     installation approved for closure in 2005 under the Defense 
     Base Closure and Realignment Act of 1990 (part A of title 
     XXIX of Public Law 101-510; 10 U.S.C. 2687 note), and the 
     Secretary of Defense may not transfer funds appropriated for 
     such a military construction project, land acquisition, or 
     family housing project to another account or use such funds 
     for another purpose or project without the approval of the 
     Committees on Appropriations of both Houses of Congress.
       [Sec. 132. None of the funds in this title for operation, 
     maintenance, or repair of housing for general officers and 
     flag officers in the National Capital Region may be used 
     until the Department of Defense submits the report required 
     by section 2802(c) of the Military Construction Authorization 
     Act for Fiscal Year 2005.

                               [TITLE II

                    [DEPARTMENT OF VETERANS AFFAIRS

                   [Veterans Benefits Administration


                       [Compensation and Pensions

                     [(including transfer of funds)

       [For the payment of compensation benefits to or on behalf 
     of veterans and a pilot program for disability examinations 
     as authorized by law (38 U.S.C. 107, chapters 11, 13, 18, 51, 
     53, 55, and 61); pension benefits to or on behalf of veterans 
     as authorized by law (38 U.S.C. chapters 15, 51, 53, 55, and 
     61; 92 Stat. 2508); and burial benefits, emergency and other 
     officers' retirement pay, adjusted-service credits and 
     certificates, payment of premiums due on commercial life 
     insurance policies guaranteed under the provisions of title 
     IV of the Servicemembers Civil Relief Act (50 U.S.C. App. 540 
     et seq.) and for other benefits as authorized by law (38 
     U.S.C. 107, 1312, 1977, and 2106, chapters 23, 51, 53, 55, 
     and 61; 43 Stat. 122, 123; 45 Stat. 735; 76 Stat. 1198), 
     $33,412,879,000, to remain available until expended: 
     Provided, That not to exceed $23,491,000 of the amount 
     appropriated under this heading shall be reimbursed to 
     ``General operating expenses'' and ``Medical services'' for 
     necessary expenses in implementing the provisions of chapters 
     51, 53, and 55 of title 38, United States Code), the funding 
     source for which is specifically provided as the 
     ``Compensation and pensions'' appropriation: Provided 
     further, That such sums as may be

[[Page 21004]]

     earned on an actual qualifying patient basis, shall be 
     reimbursed to ``Medical facilities revolving fund'' to 
     augment the funding of individual medical facilities for 
     nursing home care provided to pensioners as authorized.

                         [Readjustment Benefits

       [For the payment of readjustment and rehabilitation 
     benefits to or on behalf of veterans as authorized by law (38 
     U.S.C. chapters 21, 30, 31, 34, 35, 36, 39, 51, 53, 55, and 
     61), $3,214,246,000, to remain available until expended: 
     Provided, That expenses for rehabilitation program services 
     and assistance which the Secretary is authorized to provide 
     under section 3104(a) of title 38, United States Code, other 
     than under subsection (a)(1), (2), (5), and (11) of that 
     section, shall be charged to this account.

                  [Veterans Insurance and Indemnities

       [For military and naval insurance, national service life 
     insurance, servicemen's indemnities, service-disabled 
     veterans insurance, and veterans mortgage life insurance as 
     authorized by 38 U.S.C. chapter 19; 70 Stat. 887; 72 Stat. 
     487, $45,907,000, to remain available until expended.

         [Veterans Housing Benefit Program Fund Program Account


                     [(including transfer of funds)

       [For the cost of direct and guaranteed loans, such sums as 
     may be necessary to carry out the program, as authorized by 
     38 U.S.C. chapter 37: Provided, That such costs, including 
     the cost of modifying such loans, shall be as defined in 
     section 502 of the Congressional Budget Act of 1974: Provided 
     further, That during fiscal year 2005, within the resources 
     available, not to exceed $500,000 in gross obligations for 
     direct loans are authorized for specially adapted housing 
     loans.
       [In addition, for administrative expenses to carry out the 
     direct and guaranteed loan programs, $153,575,000, which may 
     be transferred to and merged with the appropriation for 
     ``General operating expenses''.

            [Vocational Rehabilitation Loans Program Account


                     [(including transfer of funds)

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

         [Native American Veteran Housing Loan Program Account


                     [(including transfer of funds)

       [For administrative expenses to carry out the direct loan 
     program authorized by subchapter V of chapter 37 of title 38, 
     United States Code, $580,000, which may be transferred to and 
     merged with the appropriation for ``General operating 
     expenses'': Provided, That no new loans in excess of 
     $30,000,000 may be made in fiscal year 2006.

 [Guaranteed Transitional Housing Loans for Homeless Veterans Program 
                                Account

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

                    [Veterans Health Administration


                           [Medical Services

       [For necessary expenses for furnishing, as authorized by 
     law, inpatient and outpatient care and treatment to 
     beneficiaries of the Department of Veterans Affairs and 
     veterans described in section 1705(a) of title 38, United 
     States Code, including care and treatment in facilities not 
     under the jurisdiction of the Department, and including 
     medical supplies and equipment and salaries and expenses of 
     health-care employees hired under title 38, United States 
     Code, and aid to State homes as authorized by section 1741 of 
     title 38, United States Code; $20,995,141,000, plus 
     reimbursements, of which not less than $2,200,000,000 shall 
     be expended for specialty mental health care: Provided, That 
     of the funds made available under this heading, not to exceed 
     $1,100,000,000 shall be available until September 30, 2007: 
     Provided further, That, notwithstanding any other provision 
     of law, the Secretary of Veterans Affairs shall establish a 
     priority for treatment for veterans who are service-connected 
     disabled, lower income, or have special needs: Provided 
     further, That, notwithstanding any other provision of law, 
     the Secretary of Veterans Affairs shall give priority funding 
     for the provision of basic medical benefits to veterans in 
     enrollment priority groups 1 through 6: Provided further, 
     That, notwithstanding any other provision of law, the 
     Secretary of Veterans Affairs may authorize the dispensing of 
     prescription drugs from Veterans Health Administration 
     facilities to enrolled veterans with privately written 
     prescriptions based on requirements established by the 
     Secretary: Provided further, That the implementation of the 
     program described in the previous proviso shall incur no 
     additional cost to the Department of Veterans Affairs: 
     Provided further, That for the Department of Defense/
     Department of Veterans Affairs Health Care Sharing Incentive 
     Fund, as authorized by section 721 of Public Law 107-314, a 
     minimum of $15,000,000, to remain available until expended, 
     for the purposes authorized by section 8111 of title 38, 
     United States Code.


                        [Medical Administration

       [For necessary expenses in the administration of the 
     medical, hospital, nursing home, domiciliary, construction, 
     supply, and research activities, as authorized by law; 
     administrative expenses in support of capital policy 
     activities; information technology hardware and software; 
     uniforms or allowances therefor, as authorized by sections 
     5901-5902 of title 5, United States Code; administrative and 
     legal expenses of the Department for collecting and 
     recovering amounts owed the Department as authorized under 
     chapter 17 of title 38, United States Code, and the Federal 
     Medical Care Recovery Act (42 U.S.C. 2651 et seq.); 
     $4,134,874,000, plus reimbursements, of which $250,000,000 
     shall be available until September 30, 2007.


                          [Medical Facilities

       [For necessary expenses for the maintenance and operation 
     of hospitals, nursing homes, and domiciliary facilities and 
     other necessary facilities for the Veterans Health 
     Administration; for administrative expenses in support of 
     planning, design, project management, real property 
     acquisition and disposition, construction and renovation of 
     any facility under the jurisdiction or for the use of the 
     Department; for oversight, engineering and architectural 
     activities not charged to project costs; for repairing, 
     altering, improving or providing facilities in the several 
     hospitals and homes under the jurisdiction of the Department, 
     not otherwise provided for, either by contract or by the hire 
     of temporary employees and purchase of materials; for leases 
     of facilities; and for laundry and food services, 
     $3,297,669,000, plus reimbursements, of which $250,000,000 
     shall be available until September 30, 2007.


                    [Medical and Prosthetic Research

       [For necessary expenses in carrying out programs of medical 
     and prosthetic research and development as authorized by 
     chapter 73 of title 38, United States Code, to remain 
     available until September 30, 2007, $393,000,000, plus 
     reimbursements.

                      [Departmental Administration


                      [general operating expenses

       [For necessary operating expenses of the Department of 
     Veterans Affairs, not otherwise provided for, including 
     administrative expenses in support of Department-wide capital 
     planning, management and policy activities, uniforms or 
     allowances therefor; not to exceed $25,000 for official 
     reception and representation expenses; hire of passenger 
     motor vehicles; and reimbursement of the General Services 
     Administration for security guard services, and the 
     Department of Defense for the cost of overseas employee mail, 
     $1,411,827,000: Provided, That expenses for services and 
     assistance authorized under paragraphs (1), (2), (5), and 
     (11) of section 3104(a) of title 38, United States Code, that 
     the Secretary determines are necessary to enable entitled 
     veterans: (1) to the maximum extent feasible, to become 
     employable and to obtain and maintain suitable employment; or 
     (2) to achieve maximum independence in daily living, shall be 
     charged to this account: Provided further, That the Veterans 
     Benefits Administration shall be funded at not less than 
     $1,086,938,000: Provided further, That of the funds made 
     available under this heading, not to exceed $70,000,000 shall 
     be available for obligation until September 30, 2007: 
     Provided further, That from the funds made available under 
     this heading, the Veterans Benefits Administration may 
     purchase up to two passenger motor vehicles for use in 
     operations of that Administration in Manila, Philippines.


                   [national cemetery administration

       [For necessary expenses of the National Cemetery 
     Administration for operations and maintenance, not otherwise 
     provided for, including uniforms or allowances therefor; 
     cemeterial expenses as authorized by law; purchase of one 
     passenger motor vehicle for use in cemeterial operations; and 
     hire of passenger motor vehicles, $156,447,000: Provided, 
     That of the funds made available under this heading, not to 
     exceed $7,800,000 shall be available until September 30, 
     2007.


                      [Office of Inspector General

       [For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978, $70,174,000, to remain available until September 30, 
     2007.

                     [Construction, Major Projects

       [For constructing, altering, extending and improving any of 
     the facilities including parking projects under the 
     jurisdiction or for the use of the Department of Veterans 
     Affairs, or for any of the purposes set forth in sections 
     316, 2404, 2406, 8102, 8103, 8106, 8108, 8109, 8110, and 8122 
     of title 38, United States Code, including planning, 
     architectural and engineering services, maintenance or 
     guarantee period services costs associated with

[[Page 21005]]

     equipment guarantees provided under the project, services of 
     claims analysts, offsite utility and storm drainage system 
     construction costs, and site acquisition, where the estimated 
     cost of a project is more than the amount set forth in 
     section 8104(a)(3)(A) of title 38, United States Code, or 
     where funds for a project were made available in a previous 
     major project appropriation, $607,100,000, to remain 
     available until expended, of which $532,010,000 shall be for 
     Capital Asset Realignment for Enhanced Services (CARES) 
     activities; and of which $8,091,000 shall be to make 
     reimbursements as provided in section 13 of the Contract 
     Disputes Act of 1978 (41 U.S.C. 612) for claims paid for 
     contract disputes: Provided, That except for advance planning 
     activities, including needs assessments which may or may not 
     lead to capital investments, and other capital asset 
     management related activities, such as portfolio development 
     and management activities, and investment strategy studies 
     funded through the advance planning fund and the planning and 
     design activities funded through the design fund and CARES 
     funds, including needs assessments which may or may not lead 
     to capital investments, none of the funds appropriated under 
     this heading shall be used for any project which has not been 
     approved by the Congress in the budgetary process: Provided 
     further, That funds provided in this appropriation for fiscal 
     year 2006, for each approved project (except those for CARES 
     activities referenced above) shall be obligated: (1) by the 
     awarding of a construction documents contract by September 
     30, 2006; and (2) by the awarding of a construction contract 
     by September 30, 2007: Provided further, That the Secretary 
     of Veterans Affairs shall promptly report in writing to the 
     Committees on Appropriations of the House of Representatives 
     and Senate any approved major construction project in which 
     obligations are not incurred within the time limitations 
     established above.

                     [Construction, Minor Projects

       [For constructing, altering, extending, and improving any 
     of the facilities including parking projects under the 
     jurisdiction or for the use of the Department of Veterans 
     Affairs, including planning and assessments of needs which 
     may lead to capital investments, architectural and 
     engineering services, maintenance or guarantee period 
     services costs associated with equipment guarantees provided 
     under the project, services of claims analysts, offsite 
     utility and storm drainage system construction costs, and 
     site acquisition, or for any of the purposes set forth in 
     sections 316, 2404, 2406, 8102, 8103, 8106, 8108, 8109, 8110, 
     8122, and 8162 of title 38, United States Code, where the 
     estimated cost of a project is equal to or less than the 
     amount set forth in section 8104(a)(3)(A) of title 38, United 
     States Code, $208,937,000, to remain available until 
     expended, along with unobligated balances of previous 
     ``Construction, minor projects'' appropriations which are 
     hereby made available for any project where the estimated 
     cost is equal to or less than the amount set forth in such 
     section, of which $160,000,000 shall be for Capital Asset 
     Realignment for Enhanced Services (CARES) activities: 
     Provided, That funds in this account shall be available for: 
     (1) repairs to any of the nonmedical facilities under the 
     jurisdiction or for the use of the Department which are 
     necessary because of loss or damage caused by any natural 
     disaster or catastrophe; and (2) temporary measures necessary 
     to prevent or to minimize further loss by such causes.

       [GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE FACILITIES

       [For grants to assist States to acquire or construct State 
     nursing home and domiciliary facilities and to remodel, 
     modify or alter existing hospital, nursing home and 
     domiciliary facilities in State homes, for furnishing care to 
     veterans as authorized by sections 8131-8137 of title 38, 
     United States Code, $25,000,000, to remain available until 
     expended.

       [GRANTS FOR THE CONSTRUCTION OF STATE VETERANS CEMETERIES

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

                       [Administrative Provisions


                     [(including transfer of funds)

       [Sec. 201. Any appropriation for fiscal year 2006 for 
     ``Compensation and pensions'', ``Readjustment benefits'', and 
     ``Veterans insurance and indemnities'' may be transferred to 
     any other of the mentioned appropriations.
       [Sec. 202. Appropriations available in this title for 
     salaries and expenses shall be available for services 
     authorized by section 3109 of title 5, United States Code, 
     hire of passenger motor vehicles; lease of a facility or land 
     or both; and uniforms or allowances therefore, as authorized 
     by sections 5901-5902 of such title.
       [Sec. 203. No appropriations in this title (except the 
     appropriations for ``Construction, major projects'', and 
     ``Construction, minor projects'') shall be available for the 
     purchase of any site for or toward the construction of any 
     new hospital or home.
       [Sec. 204. No appropriations in this title shall be 
     available for hospitalization or examination of any persons 
     (except beneficiaries entitled under the laws bestowing such 
     benefits to veterans, and persons receiving such treatment 
     under sections 7901-7904 of title 5, United States Code or 
     the Robert T. Stafford Disaster Relief and Emergency 
     Assistance Act (42 U.S.C. 5121 et seq.)), unless 
     reimbursement of cost is made to the ``Medical services'' 
     account at such rates as may be fixed by the Secretary of 
     Veterans Affairs.
       [Sec. 205. Appropriations available in this title for 
     ``Compensation and pensions'', ``Readjustment benefits'', and 
     ``Veterans insurance and indemnities'' shall be available for 
     payment of prior year accrued obligations required to be 
     recorded by law against the corresponding prior year accounts 
     within the last quarter of fiscal year 2005.
       [Sec. 206. Appropriations available in this title shall be 
     available to pay prior year obligations of corresponding 
     prior year appropriations accounts resulting from sections 
     3328(a), 3334, and 3712(a) of title 31, United States Code, 
     except that if such obligations are from trust fund accounts 
     they shall be payable from ``Compensation and pensions''.
       [Sec. 207. Notwithstanding any other provision of law, 
     during fiscal year 2006, the Secretary of Veterans Affairs 
     shall, from the National Service Life Insurance Fund (38 
     U.S.C. 1920), the Veterans' Special Life Insurance Fund (38 
     U.S.C. 1923), and the United States Government Life Insurance 
     Fund (38 U.S.C. 1955), reimburse the ``General operating 
     expenses'' account for the cost of administration of the 
     insurance programs financed through those accounts: Provided, 
     That reimbursement shall be made only from the surplus 
     earnings accumulated in an insurance program in fiscal year 
     2006 that are available for dividends in that program after 
     claims have been paid and actuarially determined reserves 
     have been set aside: Provided further, That if the cost of 
     administration of an insurance program exceeds the amount of 
     surplus earnings accumulated in that program, reimbursement 
     shall be made only to the extent of such surplus earnings: 
     Provided further, That the Secretary shall determine the cost 
     of administration for fiscal year 2006 which is properly 
     allocable to the provision of each insurance program and to 
     the provision of any total disability income insurance 
     included in such insurance program.
       [Sec. 208. Notwithstanding any other provision of law, the 
     Department of Veterans Affairs shall continue the Franchise 
     Fund pilot program authorized to be established by section 
     403 of Public Law 103-356 until October 1, 2006: Provided, 
     That the Franchise Fund, established by title I of Public Law 
     104-204 to finance the operations of the Franchise Fund pilot 
     program, shall continue until October 1, 2006.
       [Sec. 209. Amounts deducted from enhanced-use lease 
     proceeds to reimburse an account for expenses incurred by 
     that account during a prior fiscal year for providing 
     enhanced-use lease services, may be obligated during the 
     fiscal year in which the proceeds are received.
       [Sec. 210. Funds available in this title or funds for 
     salaries and other administrative expenses shall also be 
     available to reimburse the Office of Resolution Management 
     and the Office of Employment Discrimination Complaint 
     Adjudication for all services provided at rates which will 
     recover actual costs but not exceed $29,758,000 for the 
     Office of Resolution Management and $3,059,000 for the Office 
     of Employment and Discrimination Complaint Adjudication: 
     Provided, That payments may be made in advance for services 
     to be furnished based on estimated costs: Provided further, 
     That amounts received shall be credited to ``General 
     operating expenses'' for use by the office that provided the 
     service.
       [Sec. 211. No appropriations in this title shall be 
     available to enter into any new lease of real property if the 
     estimated annual rental is more than $300,000 unless the 
     Secretary submits a report which the Committees on 
     Appropriations of the Congress approve within 30 days 
     following the date on which the report is received.
       [Sec. 212. No funds of the Department of Veterans Affairs 
     shall be available for hospital care, nursing home care, or 
     medical services provided to any person under chapter 17 of 
     title 38, United States Code, for a non-service-connected 
     disability described in section 1729(a)(2) of such title, 
     unless that person has disclosed to the Secretary of Veterans 
     Affairs, in such form as the Secretary may require, current, 
     accurate third-party reimbursement information for purposes 
     of section 1729 of such title: Provided, That the Secretary 
     may recover, in the same manner as any other debt due the 
     United States, the reasonable charges for such care or 
     services from any person who does not make such disclosure as 
     required: Provided further, That any amounts so recovered for 
     care or services provided in a prior fiscal year may be 
     obligated by the Secretary during the fiscal year in which 
     amounts are received.
       [Sec. 213. None of the funds made available to the 
     Department of Veterans Affairs in this Act, or any other Act, 
     may be used to implement sections 2 and 5 of Public Law 107-
     287 and section 303 of Public Law 108-422.
       [Sec. 214. Notwithstanding any other provision of law, at 
     the discretion of the Secretary of Veterans Affairs, proceeds 
     or revenues derived from enhanced-use leasing activities 
     (including disposal) may be deposited

[[Page 21006]]

     into the ``Construction, major projects'' and ``Construction, 
     minor projects'' accounts and be used for construction 
     (including site acquisition and disposition), alterations and 
     improvements of any medical facility under the jurisdiction 
     or for the use of the Department of Veterans Affairs. Such 
     sums as realized are in addition to the amount provided for 
     in ``Construction, major projects'' and ``Construction, minor 
     projects''.
       [Sec. 215. Amounts made available under ``Medical 
     services'' are available--
       [(1) for furnishing recreational facilities, supplies, and 
     equipment; and
       [(2) for funeral expenses, burial expenses, and other 
     expenses incidental to funerals and burials for beneficiaries 
     receiving care in the Department.
       [Sec. 216. That such sums as may be deposited to the 
     Medical Care Collections Fund pursuant to section 1729A of 
     title 38, United States Code, may be transferred to ``Medical 
     services'', to remain available until expended for the 
     purposes of this account.
       [Sec. 217. Amounts made available for fiscal year 2006 
     under the ``Medical services'', ``Medical administration'', 
     and ``Medical facilities'' accounts may be transferred 
     between the accounts to the extent necessary to implement the 
     restructuring of the Veterans Health Administration accounts 
     after notice of the amount and purpose of the transfer is 
     provided to the Committees on Appropriations of the Senate 
     and House of Representatives and a period of 30 days has 
     elapsed: Provided, That the limitation on transfers is 20 
     percent in fiscal year 2006.
       [Sec. 218. Any appropriation for fiscal year 2006 for the 
     Veterans Benefits Administration made available under the 
     heading ``General operating expenses'' may be transferred to 
     the ``Veterans Housing Benefit Program Fund Program Account'' 
     for the purpose of providing funds for the nationwide 
     property management contract if the administrative costs of 
     such contract exceed $8,800,000 in the budget year.
       [Sec. 219. Notwithstanding any other provision of law, the 
     Secretary of Veterans Affairs (Secretary) shall allow 
     veterans eligible under existing VA Medical Care requirements 
     and who reside in Alaska to obtain medical care services from 
     medical facilities supported by the Indian Health Services or 
     tribal organizations. The Secretary shall: (1) limit the 
     application of this provision to rural Alaskan veterans in 
     areas where an existing VA facility or VA-contracted service 
     is unavailable; (2) require participating veterans and 
     facilities to comply with all appropriate rules and 
     regulations, as established by the Secretary; (3) require 
     this provision to be consistent with CARES; and (4) result in 
     no additional cost to the Department of Veterans Affairs or 
     the Indian Health Service.
       [Sec. 220. That such sums as may be deposited to the 
     Department of Veterans Affairs Capital Asset Fund pursuant to 
     section 8118 of title 38, United States Code, may be 
     transferred to the ``Construction, major projects'' and 
     ``Construction, minor projects'' accounts, to remain 
     available until expended for the purposes of these accounts.
       [Sec. 221. None of the funds available to the Department of 
     Veterans Affairs in this Act, or any other Act, may be used 
     by the Department of Veterans Affairs to implement a national 
     standardized contract for diabetes monitoring systems.

                               [TITLE III

                           [RELATED AGENCIES

                 [American Battle Monuments Commission


                         [Salaries and Expenses

       [For necessary expenses, not otherwise provided for, of the 
     American Battle Monuments Commission, including the 
     acquisition of land or interest in land in foreign countries; 
     purchases and repair of uniforms for caretakers of national 
     cemeteries and monuments outside of the United States and its 
     territories and possessions; rent of office and garage space 
     in foreign countries; purchase (one for replacement only) and 
     hire of passenger motor vehicles; not to exceed $7,500 for 
     official reception and representation expenses; and insurance 
     of official motor vehicles in foreign countries, when 
     required by law of such countries, $35,750,000, to remain 
     available until expended.


                 [foreign currency fluctuations account

       [For necessary expenses, not otherwise provided for, of the 
     American Battle Monuments Commission, $15,250,000, to remain 
     available until expended, for purposes authorized by section 
     2109 of title 36, United States Code.

          [United States Court of Appeals for Veterans Claims


                         [Salaries and Expenses

       [For necessary expenses for the operation of the United 
     States Court of Appeals for Veterans Claims as authorized by 
     sections 7251-7298 of title 38, United States Code, 
     $18,295,000, of which $1,260,000 shall be available for the 
     purpose of providing financial assistance as described, and 
     in accordance with the process and reporting procedures set 
     forth, under this heading in Public Law 102-229.

                     [Department of Defense--Civil

                       [Cemeterial Expenses, Army


                         [Salaries and Expenses

       [For necessary expenses, as authorized by law, for 
     maintenance, operation, and improvement of Arlington National 
     Cemetery and Soldiers' and Airmen's Home National Cemetery, 
     including the purchase of two passenger motor vehicles for 
     replacement only, and not to exceed $1,000 for official 
     reception and representation expenses, $29,550,000, to remain 
     available until expended. In addition, such sums as may be 
     necessary for parking maintenance, repairs and replacement, 
     to be derived from the Lease of Department of Defense Real 
     Property for Defense Agencies account.

                     [Armed Forces Retirement Home

       [For expenses necessary for the Armed Forces Retirement 
     Home to operate and maintain the Armed Forces Retirement 
     Home--Washington and the Armed Forces Retirement Home--
     Gulfport, to be paid from funds available in the Armed Forces 
     Retirement Home Trust Fund, $58,281,000, of which $1,248,000 
     shall remain available until expended for construction and 
     renovation of the physical plants at the Armed Forces 
     Retirement Home--Washington and the Armed Forces Retirement 
     Home--Gulfport.

                               [TITLE IV

                          [GENERAL PROVISIONS

       [Sec. 401. No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       [Sec. 402. None of the funds provided in this Act may be 
     used, directly or through grants, to pay or to provide 
     reimbursement for payment of the salary of a consultant 
     (whether retained by the Federal Government or a grantee) at 
     more than the daily equivalent of the rate paid for level IV 
     of the Executive Schedule, unless specifically authorized by 
     law.
       [Sec. 403. Such sums as may be necessary for fiscal year 
     2006 pay raises for programs funded by this Act shall be 
     absorbed within the levels appropriated in this Act.
       [Sec. 404. None of the funds made available in this Act may 
     be used for any program, project, or activity, when it is 
     made known to the Federal entity or official to which the 
     funds are made available that the program, project, or 
     activity is not in compliance with any Federal law relating 
     to risk assessment, the protection of private property 
     rights, or unfunded mandates.
       [Sec. 405. No part of any funds appropriated in this Act 
     shall be used by an agency of the executive branch, other 
     than for normal and recognized executive-legislative 
     relationships, for publicity or propaganda purposes, and for 
     the preparation, distribution or use of any kit, pamphlet, 
     booklet, publication, radio, television or film presentation 
     designed to support or defeat legislation pending before 
     Congress, except in presentation to Congress itself.
       [Sec. 406. All departments and agencies funded under this 
     Act are encouraged, within the limits of the existing 
     statutory authorities and funding, to expand their use of 
     ``E-Commerce'' technologies and procedures in the conduct of 
     their business practices and public service activities.
       [Sec. 407. None of the funds made available in this Act may 
     be transferred to any department, agency, or instrumentality 
     of the United States Government except pursuant to a transfer 
     made by, or transfer authority provided in, this Act or any 
     other appropriations Act.
       [Sec. 408. Unless stated otherwise, all reports and 
     notifications required by this Act shall be submitted to the 
     Subcommittee on Military Quality of Life and Veterans 
     Affairs, and Related Agencies of the Committee on 
     Appropriations of the House of Representatives and the 
     Subcommittee on Military Construction and Veterans Affairs, 
     and Related Agencies of the Committee on Appropriations of 
     the Senate.
       [Sec. 409. None of the funds made available by this Act may 
     be used to close or realign any military installation 
     approved for closure or realignment in 2005 before the 
     Secretary of Defense makes the information available upon 
     which the Secretary's closure and realignment recommendations 
     were based, as required by section 2903(c)(4) of the Defense 
     Base Closure and Realignment Act of 1990 (title XXIX of 
     Public Law 101-510; 10 U.S.C. 2687 note).
       [This Act may be cited as the ``Military Quality of Life 
     and Veterans Affairs Appropriations Act, 2006''.]

     That the following sums are appropriated, out of any money in 
     the Treasury not otherwise appropriated for military quality 
     of life functions of the Department of Defense, military 
     construction, the Department of Veterans Affairs, and related 
     agencies for the fiscal year ending September 30, 2006, and 
     for other purposes, namely:

                     TITLE I--MILITARY CONSTRUCTION

                      Military Construction, Army

       For acquisition, construction, installation, and equipment 
     of temporary or permanent public works, military 
     installations, facilities, and real property for the Army as 
     currently authorized by law, including personnel in the Army 
     Corps of Engineers and other personal services necessary for 
     the purposes of this appropriation,

[[Page 21007]]

     and for construction and operation of facilities in support 
     of the functions of the Commander in Chief, $1,640,641,000, 
     to remain available until September 30, 2010: Provided, That 
     of this amount, not to exceed $191,393,000 shall be available 
     for study, planning, design, architect and engineer services, 
     and host nation support, as authorized by law, unless the 
     Secretary of Defense determines that additional obligations 
     are necessary for such purposes and notifies the Committees 
     on Appropriations of both Houses of Congress of the 
     determination and the reasons therefor.

              Military Construction, Navy and Marine Corps


                    (including rescission of funds)

       For acquisition, construction, installation, and equipment 
     of temporary or permanent public works, naval installations, 
     facilities, and real property for the Navy and Marine Corps 
     as currently authorized by law, including personnel in the 
     Naval Facilities Engineering Command and other personal 
     services necessary for the purposes of this appropriation, 
     $1,045,882,000, to remain available until September 30, 2010: 
     Provided, That of this amount, not to exceed $32,524,000 
     shall be available for study, planning, design, and architect 
     and engineer services, as authorized by law, unless the 
     Secretary of Defense determines that additional obligations 
     are necessary for such purposes and notifies the Committees 
     on Appropriations of both Houses of Congress of the 
     determination and the reasons therefor: Provided further, 
     That of the funds appropriated for ``Military Construction, 
     Navy'' under Public Law 108-324, $92,354,000 are hereby 
     rescinded.

                    Military Construction, Air Force

       For acquisition, construction, installation, and equipment 
     of temporary or permanent public works, military 
     installations, facilities, and real property for the Air 
     Force as currently authorized by law, $1,209,128,000, to 
     remain available until September 30, 2010: Provided, That of 
     this amount, not to exceed $103,347,000 shall be available 
     for study, planning, design, and architect and engineer 
     services, as authorized by law, unless the Secretary of 
     Defense determines that additional obligations are necessary 
     for such purposes and notifies the Committees on 
     Appropriations of both Houses of Congress of the 
     determination and the reasons therefor.

                  Military Construction, Defense-wide


                     (including transfer of funds)

       For acquisition, construction, installation, and equipment 
     of temporary or permanent public works, installations, 
     facilities, and real property for activities and agencies of 
     the Department of Defense (other than the military 
     departments), as currently authorized by law, $1,072,165,000, 
     to remain available until September 30, 2010: Provided, That 
     such amounts of this appropriation as may be determined by 
     the Secretary of Defense may be transferred to such 
     appropriations of the Department of Defense available for 
     military construction or family housing as the Secretary may 
     designate, to be merged with and to be available for the same 
     purposes, and for the same time period, as the appropriation 
     or fund to which transferred: Provided further, That of the 
     amount appropriated, not to exceed $133,120,000 shall be 
     available for study, planning, design, and architect and 
     engineer services, as authorized by law, unless the Secretary 
     of Defense determines that additional obligations are 
     necessary for such purposes and notifies the Committees on 
     Appropriations of both Houses of Congress of the 
     determination and the reasons therefor.

               Military Construction, Army National Guard

       For construction, acquisition, expansion, rehabilitation, 
     and conversion of facilities for the training and 
     administration of the Army National Guard, and contributions 
     therefor, as authorized by chapter 1803 of title 10, United 
     States Code, and Military Construction Authorization Acts, 
     $467,146,000, to remain available until September 30, 2010.

               Military Construction, Air National Guard

       For construction, acquisition, expansion, rehabilitation, 
     and conversion of facilities for the training and 
     administration of the Air National Guard, and contributions 
     therefor, as authorized by chapter 1803 of title 10, United 
     States Code, and Military Construction Authorization Acts, 
     $279,156,000, to remain available until September 30, 2010.

                  Military Construction, Army Reserve

       For construction, acquisition, expansion, rehabilitation, 
     and conversion of facilities for the training and 
     administration of the Army Reserve as authorized by chapter 
     1803 of title 10, United States Code, and Military 
     Construction Authorization Acts, $136,077,000, to remain 
     available until September 30, 2010.

                  Military Construction, Naval Reserve

       For construction, acquisition, expansion, rehabilitation, 
     and conversion of facilities for the training and 
     administration of the reserve components of the Navy and 
     Marine Corps as authorized by chapter 1803 of title 10, 
     United States Code, and Military Construction Authorization 
     Acts, $46,676,000, to remain available until September 30, 
     2010.

                Military Construction, Air Force Reserve

       For construction, acquisition, expansion, rehabilitation, 
     and conversion of facilities for the training and 
     administration of the Air Force Reserve as authorized by 
     chapter 1803 of title 10, United States Code, and Military 
     Construction Authorization Acts, $89,260,000, to remain 
     available until September 30, 2010.

                   North Atlantic Treaty Organization

                      Security Investment Program

       For the United States share of the cost of the North 
     Atlantic Treaty Organization Security Investment Program for 
     the acquisition and construction of military facilities and 
     installations (including international military headquarters) 
     and for related expenses for the collective defense of the 
     North Atlantic Treaty Area as authorized by section 2806 of 
     title 10, United States Code, and Military Construction 
     Authorization Acts, $206,858,000, to remain available until 
     expended.

                   Family Housing Construction, Army

       For expenses of family housing for the Army for 
     construction, including acquisition, replacement, addition, 
     expansion, extension, and alteration, as authorized by law, 
     $549,636,000, to remain available until September 30, 2010.

             Family Housing Operation and Maintenance, Army

       For expenses of family housing for the Army for operation 
     and maintenance, including debt payment, leasing, minor 
     construction, principal and interest charges, and insurance 
     premiums, as authorized by law, $812,993,000.

           Family Housing Construction, Navy and Marine Corps

       For expenses of family housing for the Navy and Marine 
     Corps for construction, including acquisition, replacement, 
     addition, expansion, extension, and alteration, as authorized 
     by law, $218,942,000, to remain available until September 30, 
     2010.

    Family Housing Operation and Maintenance, Navy and Marine Corps

       For expenses of family housing for the Navy and Marine 
     Corps for operation and maintenance, including debt payment, 
     leasing, minor construction, principal and interest charges, 
     and insurance premiums, as authorized by law, $593,660,000.

                 Family Housing Construction, Air Force

       For expenses of family housing for the Air Force for 
     construction, including acquisition, replacement, addition, 
     expansion, extension, and alteration, as authorized by law, 
     $1,142,622,000, to remain available until September 30, 2010.

          Family Housing Operation and Maintenance, Air Force

       For expenses of family housing for the Air Force for 
     operation and maintenance, including debt payment, leasing, 
     minor construction, principal and interest charges, and 
     insurance premiums, as authorized by law, $766,939,000.

         Family Housing Operation and Maintenance, Defense-wide

       For expenses of family housing for the activities and 
     agencies of the Department of Defense (other than the 
     military departments) for operation and maintenance, leasing, 
     and minor construction, as authorized by law, $46,391,000.

         Department of Defense Family Housing Improvement Fund

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

            Department of Defense Base Closure Account 1990

       For deposit into the Department of Defense Base Closure 
     Account 1990, established by section 2906(a)(1) of the 
     Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 
     section 2687 note), $377,827,000, to remain available until 
     expended.

            Department of Defense Base Closure Account 2005

       For deposit into the Department of Defense Base Closure 
     Account 2005, established by section 2906A(a)(1) of the 
     Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 
     section 2687 note), $1,504,466,000, to remain available until 
     expended: Provided, That these funds may not be obligated or 
     expended until the Secretary of Defense submits to the 
     congressional defense committees and receives approval of a 
     report describing the specific programs, projects, and 
     activities for which such funds are to be obligated.

                           GENERAL PROVISIONS

       Sec. 101. None of the funds made available in this title 
     shall be expended for payments under a cost-plus-a-fixed-fee 
     contract for construction, where cost estimates exceed 
     $25,000, to be performed within the United States, except 
     Alaska, without the specific approval in writing of the 
     Secretary of Defense setting forth the reasons therefor.
       Sec. 102. Funds made available in this title shall be 
     available for hire of passenger motor vehicles.
       Sec. 103. Funds made available in this title may be used 
     for advances to the Federal Highway Administration, 
     Department of Transportation, for the construction of access 
     roads as authorized by section 210 of title 23, United States 
     Code, when projects authorized therein are certified as 
     important to the national defense by the Secretary of 
     Defense.
       Sec. 104. None of the funds made available in this title 
     may be used to begin construction of new bases in the United 
     States for which specific appropriations have not been made.
       Sec. 105. None of the funds made available in this title 
     shall be used for purchase of land or land easements in 
     excess of 100 percent of the value as determined by the Army 
     Corps of Engineers or the Naval Facilities Engineering 
     Command, except: (1) where there is a determination

[[Page 21008]]

     of value by a Federal court; (2) purchases negotiated by the 
     Attorney General or the designee of the Attorney General; (3) 
     where the estimated value is less than $25,000; or (4) as 
     otherwise determined by the Secretary of Defense to be in the 
     public interest.
       Sec. 106. None of the funds made available in this title 
     shall be used to: (1) acquire land; (2) provide for site 
     preparation; or (3) install utilities for any family housing, 
     except housing for which funds have been made available in 
     annual military construction appropriations Acts.
       Sec. 107. None of the funds made available in this title 
     for minor construction may be used to transfer or relocate 
     any activity from one base or installation to another, 
     without prior notification to the Committees on 
     Appropriations of both Houses of Congress.
       Sec. 108. None of the funds made available in this title 
     may be used for the procurement of steel for any construction 
     project or activity for which American steel producers, 
     fabricators, and manufacturers have been denied the 
     opportunity to compete for such steel procurement.
       Sec. 109. None of the funds made available in this title 
     may be used to pay real property taxes in any foreign nation.
       Sec. 110. None of the funds made available in this title 
     may be used to initiate a new installation overseas without 
     prior notification to the Committees on Appropriations of 
     both Houses of Congress.
       Sec. 111. None of the funds made available in this title 
     may be obligated for architect and engineer contracts 
     estimated by the Government to exceed $500,000 for projects 
     to be accomplished in Japan, in any North Atlantic Treaty 
     Organization member country, or in countries bordering the 
     Arabian Sea, unless such contracts are awarded to United 
     States firms or United States firms in joint venture with 
     host nation firms.
       Sec. 112. None of the funds made available in this title 
     for military construction in the United States territories 
     and possessions in the Pacific and on Kwajalein Atoll, or in 
     countries bordering the Arabian Sea, may be used to award any 
     contract estimated by the Government to exceed $1,000,000 to 
     a foreign contractor: Provided, That this section shall not 
     be applicable to contract awards for which the lowest 
     responsive and responsible bid of a United States contractor 
     exceeds the lowest responsive and responsible bid of a 
     foreign contractor by greater than 20 percent: Provided 
     further, That this section shall not apply to contract awards 
     for military construction on Kwajalein Atoll for which the 
     lowest responsive and responsible bid is submitted by a 
     Marshallese contractor.
       Sec. 113. The Secretary of Defense shall inform the 
     appropriate committees of both Houses of Congress, including 
     the Committees on Appropriations, of the plans and scope of 
     any proposed military exercise involving United States 
     personnel 30 days prior to its occurring, if amounts expended 
     for construction, either temporary or permanent, are 
     anticipated to exceed $100,000.
       Sec. 114. Not more than 20 percent of the funds made 
     available in this title which are limited for obligation 
     during the current fiscal year shall be obligated during the 
     last two months of the fiscal year.


                          (transfer of funds)

       Sec. 115. Funds appropriated to the Department of Defense 
     for construction in prior years shall be available for 
     construction authorized for each such military department by 
     the authorizations enacted into law during the current 
     session of Congress.
       Sec. 116. For military construction or family housing 
     projects that are being completed with funds otherwise 
     expired or lapsed for obligation, expired or lapsed funds may 
     be used to pay the cost of associated supervision, 
     inspection, overhead, engineering and design on those 
     projects and on subsequent claims, if any.
       Sec. 117. Notwithstanding any other provision of law, any 
     funds made available to a military department or defense 
     agency for the construction of military projects may be 
     obligated for a military construction project or contract, or 
     for any portion of such a project or contract, at any time 
     before the end of the fourth fiscal year after the fiscal 
     year for which funds for such project were made available if 
     the funds obligated for such project: (1) are obligated from 
     funds available for military construction projects; and (2) 
     do not exceed the amount appropriated for such project, plus 
     any amount by which the cost of such project is increased 
     pursuant to law.
       Sec. 118. The Secretary of Defense shall provide the 
     Committees on Appropriations of both Houses of Congress with 
     an annual report by February 15, containing details of the 
     specific actions proposed to be taken by the Department of 
     Defense during the current fiscal year to encourage other 
     member nations of the North Atlantic Treaty Organization, 
     Japan, Korea, and United States allies bordering the Arabian 
     Sea to assume a greater share of the common defense burden of 
     such nations and the United States.


                          (transfer of funds)

       Sec. 119. In addition to any other transfer authority 
     available to the Department of Defense, proceeds deposited to 
     the Department of Defense Base Closure Account established by 
     section 207(a)(1) of the Defense Authorization Amendments and 
     Base Closure and Realignment Act (Public Law 100-526) 
     pursuant to section 207(a)(2)(C) of such Act, may be 
     transferred to the account established by section 2906(a)(1) 
     of the Defense Base Closure and Realignment Act of 1990 (10 
     U.S.C. section 2687 note), to be merged with, and to be 
     available for the same purposes and the same time period as 
     that account.


                          (transfer of funds)

       Sec. 120. Subject to 30 days prior notification to the 
     Committees on Appropriations of both Houses of Congress, such 
     additional amounts as may be determined by the Secretary of 
     Defense may be transferred to: (1) the Department of Defense 
     Family Housing Improvement Fund from amounts appropriated for 
     construction in ``Family Housing'' accounts, to be merged 
     with and to be available for the same purposes and for the 
     same period of time as amounts appropriated directly to the 
     Fund; or (2) the Department of Defense Military Unaccompanied 
     Housing Improvement Fund from amounts appropriated for 
     construction of military unaccompanied housing in ``Military 
     Construction'' accounts, to be merged with and to be 
     available for the same purposes and for the same period of 
     time as amounts appropriated directly to the Fund: Provided, 
     That appropriations made available to the Funds shall be 
     available to cover the costs, as defined in section 502(5) of 
     the Congressional Budget Act of 1974, of direct loans or loan 
     guarantees issued by the Department of Defense pursuant to 
     the provisions of subchapter IV of chapter 169, title 10, 
     United States Code, pertaining to alternative means of 
     acquiring and improving military family housing, military 
     unaccompanied housing, and supporting facilities.
       Sec. 121. None of the funds made available in this title 
     may be obligated for Partnership for Peace Programs in the 
     New Independent States of the former Soviet Union.
       Sec. 122. (a) Not later than 60 days before issuing any 
     solicitation for a contract with the private sector for 
     military family housing the Secretary of the military 
     department concerned shall submit to the Committees on 
     Appropriations of both Houses of Congress the notice 
     described in subsection (b).
       (b)(1) A notice referred to in subsection (a) is a notice 
     of any guarantee (including the making of mortgage or rental 
     payments) proposed to be made by the Secretary to the private 
     party under the contract involved in the event of--
       (A) the closure or realignment of the installation for 
     which housing is provided under the contract;
       (B) a reduction in force of units stationed at such 
     installation; or
       (C) the extended deployment overseas of units stationed at 
     such installation.
       (2) Each notice under this subsection shall specify the 
     nature of the guarantee involved and assess the extent and 
     likelihood, if any, of the liability of the Federal 
     Government with respect to the guarantee.


                          (transfer of funds)

       Sec. 123. In addition to any other transfer authority 
     available to the Department of Defense, amounts may be 
     transferred from the account established by section 
     2906(a)(1) of the Defense Base Closure and Realignment Act of 
     1990 (10 U.S.C. 2687 note), to the fund established by 
     section 1013(d) of the Demonstration Cities and Metropolitan 
     Development Act of 1966 (42 U.S.C. section 3374) to pay for 
     expenses associated with the Homeowners Assistance Program. 
     Any amounts transferred shall be merged with and be available 
     for the same purposes and for the same time period as the 
     fund to which transferred.
       Sec. 124. Notwithstanding this or any other provision of 
     law, funds made available in this title for operation and 
     maintenance of family housing shall be the exclusive source 
     of funds for repair and maintenance of all family housing 
     units, including general or flag officer quarters: Provided, 
     That not more than $35,000 per unit may be spent annually for 
     the maintenance and repair of any general or flag officer 
     quarters without 30 days prior notification to the Committees 
     on Appropriations of both Houses of Congress, except that an 
     after-the-fact notification shall be submitted if the 
     limitation is exceeded solely due to costs associated with 
     environmental remediation that could not be reasonably 
     anticipated at the time of the budget submission: Provided 
     further, That the Under Secretary of Defense (Comptroller) is 
     to report annually to the Committees on Appropriations of 
     both Houses of Congress all operation and maintenance 
     expenditures for each individual general or flag officer 
     quarters for the prior fiscal year.
       Sec. 125. None of the funds made available in this title 
     may be transferred to any department, agency, or 
     instrumentality of the United States Government, except 
     pursuant to a transfer made by, or transfer authority 
     provided in this Act, or any other appropriations Act.
       Sec. 126. None of the funds made available in this title 
     under the heading ``North Atlantic Treaty Organization 
     Security Investment Program'', and no funds appropriated for 
     any fiscal year before fiscal year 2006 for that program that 
     remain available for obligation, may be obligated or expended 
     for the conduct of studies of missile defense.
       Sec. 127. Amounts contained in the Ford Island Improvement 
     Account established by subsection (h) of section 2814 of 
     title 10, United States Code, are appropriated and shall be 
     available until expended for the purposes specified in 
     subsection (i)(1) of such section or until transferred 
     pursuant to subsection (i)(3) of such section.
       Sec. 128. None of the funds made available in this title, 
     or in any Act making appropriations for military construction 
     which remain available for obligation, may be obligated or 
     expended to carry out a military construction, land 
     acquisition, or family housing project at or for a military 
     installation approved for closure, or at a

[[Page 21009]]

     military installation for the purposes of supporting a 
     function that has been approved for realignment to another 
     installation, in 2005 under the Defense Base Closure and 
     Realignment Act of 1990 (part A of title XXIX of Public Law 
     101-510; 10 U.S.C. section 2687 note), unless the Secretary 
     of Defense certifies that the cost to the United States of 
     carrying out such project would be less than the cost to the 
     United States of cancelling such project, or in the case of 
     projects having multi-agency use, that another Government 
     agency has indicated it will assume ownership of the 
     completed project, and the Secretary of Defense may not 
     transfer funds made available for such a military 
     construction project, land acquisition, or family housing 
     project to another account or use such funds for another 
     purpose or project without the prior approval of the 
     Committees on Appropriations of both Houses of Congress.
       Sec. 129. Unless stated otherwise, all reports and 
     notifications required by this title shall be submitted to 
     the Subcommittee on Military Quality of Life and Veterans 
     Affairs, and Related Agencies of the Committee on 
     Appropriations of the House of Representatives and the 
     Subcommittee on Military Construction and Veterans Affairs, 
     and Related Agencies of the Committee on Appropriations of 
     the Senate.

                TITLE II--DEPARTMENT OF VETERANS AFFAIRS

                    Veterans Benefits Administration


                       COMPENSATION AND PENSIONS

                     (INCLUDING TRANSFER OF FUNDS)

       For the payment of compensation benefits to or on behalf of 
     veterans and a pilot program for disability examinations as 
     authorized by law (38 U.S.C. 107, chapters 11, 13, 18, 51, 
     53, 55, and 61); pension benefits to or on behalf of veterans 
     as authorized by law (38 U.S.C. chapters 15, 51, 53, 55, and 
     61; 92 Stat. 2508); and burial benefits, the Reinstated 
     Entitlement Program for Survivors, emergency and other 
     officers' retirement pay, adjusted-service credits and 
     certificates, payment of premiums due on commercial life 
     insurance policies guaranteed under the provisions of article 
     IV of the Soldiers' and Sailors' Civil Relief Act of 1940 (50 
     U.S.C. App. 540 et seq.) and for other benefits as authorized 
     by law (38 U.S.C. 107, 1312, 1977, and 2106, chapters 23, 51, 
     53, 55, and 61; 50 U.S.C. App. 540-548; 43 Stat. 122, 123; 45 
     Stat. 735; 76 Stat. 1198), $33,412,879,000, to remain 
     available until expended: Provided, That not to exceed 
     $23,491,000 of the amount appropriated under this heading 
     shall be reimbursed to ``General operating expenses'' and 
     ``Medical administration'' for necessary expenses in 
     implementing those provisions authorized in the Omnibus 
     Budget Reconciliation Act of 1990, and in the Veterans' 
     Benefits Act of 1992 (38 U.S.C. chapters 51, 53, and 55), the 
     funding source for which is specifically provided as the 
     ``Compensation and pensions'' appropriation: Provided 
     further, That such sums as may be earned on an actual 
     qualifying patient basis, shall be reimbursed to ``Medical 
     care collections fund'' to augment the funding of individual 
     medical facilities for nursing home care provided to 
     pensioners as authorized.


                         READJUSTMENT BENEFITS

       For the payment of readjustment and rehabilitation benefits 
     to or on behalf of veterans as authorized by law (38 U.S.C. 
     chapters 21, 30, 31, 34, 35, 36, 39, 51, 53, 55, and 61), 
     $3,214,246,000, to remain available until expended: Provided, 
     That expenses for rehabilitation program services and 
     assistance which the Secretary is authorized to provide under 
     section 3104(a) of title 38, United States Code, other than 
     under subsection (a)(1), (2), (5), and (11) of that section, 
     shall be charged to this account.


                   VETERANS INSURANCE AND INDEMNITIES

       For military and naval insurance, national service life 
     insurance, servicemen's indemnities, service-disabled 
     veterans insurance, and veterans mortgage life insurance as 
     authorized by title 38, United States Code, chapter 19; 70 
     Stat. 887; 72 Stat. 487, $45,907,000, to remain available 
     until expended.


         VETERANS HOUSING BENEFIT PROGRAM FUND PROGRAM ACCOUNT

                     (INCLUDING TRANSFER OF FUNDS)

       For the cost of direct and guaranteed loans, such sums as 
     may be necessary to carry out the program, as authorized by 
     title 38, United States Code, chapter 37: Provided, That such 
     costs, including the cost of modifying such loans, shall be 
     as defined in section 502 of the Congressional Budget Act of 
     1974: Provided further, That during fiscal year 2006, within 
     the resources available, not to exceed $500,000 in gross 
     obligations for direct loans are authorized for specially 
     adapted housing loans.
       For administrative expenses to carry out the direct and 
     guaranteed loan programs, $153,575,000, which may be 
     transferred to and merged with the appropriation for 
     ``General operating expenses''.


            VOCATIONAL REHABILITATION LOANS PROGRAM ACCOUNT

                     (INCLUDING TRANSFER OF FUNDS)

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


          NATIVE AMERICAN VETERAN HOUSING LOAN PROGRAM ACCOUNT

                     (INCLUDING TRANSFER OF FUNDS)

       For administrative expenses to carry out the direct loan 
     program authorized by title 38, United States Code, chapter 
     37, subchapter V, $580,000, which may be transferred to and 
     merged with the appropriation for ``General operating 
     expenses'': Provided, That no new loans in excess of 
     $30,000,000 may be made in fiscal year 2006.


  GUARANTEED TRANSITIONAL HOUSING LOANS FOR HOMELESS VETERANS PROGRAM 
                                ACCOUNT

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

                     Veterans Health Administration


                            MEDICAL SERVICES

                     (INCLUDING TRANSFER OF FUNDS)

       For necessary expenses for furnishing, as authorized by 
     law, inpatient and outpatient care and treatment to 
     beneficiaries of the Department of Veterans Affairs and 
     veterans described in paragraphs (1) through (8) of section 
     1705(a) of title 38, United States Code, including care and 
     treatment in facilities not under the jurisdiction of the 
     Department of Veterans Affairs and including medical supplies 
     and equipment and salaries and expenses of healthcare 
     employees hired under title 38, United States Code, and aid 
     to State homes as authorized by section 1741 of title 38, 
     United States Code; $23,308,011,000, plus reimbursements, of 
     which $1,977,000,000 are designated as an emergency 
     requirement pursuant to section 402 of House Concurrent 
     Resolution 95 (109th Congress), the fiscal year 2006 budget 
     resolution: Provided further, That of the emergency funds 
     provided under this heading, the Department of Veterans 
     Affairs shall submit for approval by the Committees on 
     Appropriations of both Houses of Congress, a financial plan 
     outlining how the emergency funds will be obligated: Provided 
     further, That the Department of Veterans Affairs shall 
     include these emergency funds in their base request for the 
     fiscal year 2007 budget submission: Provided further, That of 
     the funds made available under this heading, not to exceed 
     $1,500,000,000 shall be available until September 30, 2007: 
     Provided further, That notwithstanding any other provision of 
     law, the Secretary of Veterans Affairs shall establish a 
     priority for treatment for veterans who are service-connected 
     disabled, lower income, or have special needs: Provided 
     further, That notwithstanding any other provision of law, the 
     Secretary of Veterans Affairs shall give priority funding for 
     the provision of basic medical benefits to veterans in 
     enrollment priority groups 1 through 6: Provided further, 
     That notwithstanding any other provision of law, the 
     Secretary of Veterans Affairs may authorize the dispensing of 
     prescription drugs from Veterans Health Administration 
     facilities to enrolled veterans with privately written 
     prescriptions based on requirements established by the 
     Secretary: Provided further, That the implementation of the 
     program described in the previous proviso shall incur no 
     additional cost to the Department of Veterans Affairs: 
     Provided further, That for the Department of Defense/Veterans 
     Affairs Health Care Sharing Incentive Fund, as authorized by 
     section 721 of Public Law 107-314, a minimum of $15,000,000, 
     to remain available until expended, for any purpose 
     authorized by title 38, United States Code, section 8111.


                         MEDICAL ADMINISTRATION

       For necessary expenses in the administration of the 
     medical, hospital, nursing home, domiciliary, construction, 
     supply, and research activities, as authorized by law; 
     administrative expenses in support of capital policy 
     activities; uniforms or allowances therefore, as authorized 
     by sections 5901-5902 of title 5, United States Code; and 
     administrative and legal expenses of the Department of 
     Veterans Affairs for collecting and recovering amounts owed 
     the department as authorized under chapter 17 of title 38, 
     United States Code, and the Federal Medical Care Recovery Act 
     (42 U.S.C. 2651 et seq.); $2,858,442,000, plus 
     reimbursements, of which $250,000,000 shall be available 
     until September 30, 2007.


                         INFORMATION TECHNOLOGY

       For necessary expenses, $1,456,821,000 shall be available 
     for the Department of Veterans Affairs Information Technology 
     program: Provided, That within 90 days of enactment of this 
     Act, the Secretary of Veterans Affairs shall establish an 
     office for Information Technology (IT) with the authority and 
     responsibility for all IT projects: Provided further, That 
     this office shall report directly to the Deputy Secretary of 
     Veterans Affairs: Provided further, That this new 
     organizational structure shall be subject to approval of the 
     Committees on Appropriations in both Houses of Congress: 
     Provided further, That within this amount, no more than 
     $100,000,000 from all sources shall be available for the 
     HealtheVet project for fiscal year 2006: Provided further, 
     That none of the funds made available for the HealtheVet 
     project may be obligated until such time that the Department 
     of Veterans Affairs creates a single position with the 
     responsibility for and the authority to manage the entire 
     project, including budgetary authority: Provided further, 
     That none of the funds made available for the HealtheVet 
     project may be obligated until the Committees on 
     Appropriations in

[[Page 21010]]

     both Houses of Congress approve a financial expenditure plan 
     for the entire project.


                           MEDICAL FACILITIES

       For necessary expenses for the maintenance and operation of 
     hospitals, nursing homes, and domiciliary facilities and 
     other necessary facilities for the Veterans Health 
     Administration; for administrative expenses in support of 
     planning, design, project management, real property 
     acquisition and disposition, construction and renovation of 
     any facility under the jurisdiction or for the use of the 
     Department of Veterans Affairs; for oversight, engineering 
     and architectural activities not charged to project costs; 
     for repairing, altering, improving or providing facilities in 
     the several hospitals and homes under the jurisdiction of the 
     Department of Veterans Affairs, not otherwise provided for, 
     either by contract or by the hire of temporary employees and 
     purchase of materials; for leases of facilities; and for 
     laundry and food services, $3,297,669,000, plus 
     reimbursements, of which $250,000,000 shall be available 
     until September 30, 2007.


                    MEDICAL AND PROSTHETIC RESEARCH

       For necessary expenses in carrying out programs of medical 
     and prosthetic research and development as authorized by 
     chapter 73 of title 38, United States Code to remain 
     available until September 30, 2007, $412,000,000, plus 
     reimbursements, of which, not less than $15,000,000 shall be 
     used for Gulf War Illness research.

                      Departmental Administration


                       GENERAL OPERATING EXPENSES

       For necessary operating expenses of the Department of 
     Veterans Affairs, not otherwise provided for, including 
     administrative expenses in support of department-wide capital 
     planning, management and policy activities, uniforms or 
     allowances therefore; not to exceed $25,000 for official 
     reception and representation expenses; hire of passenger 
     motor vehicles; and reimbursement of the General Services 
     Administration for security guard services, and the 
     Department of Defense for the cost of overseas employee mail, 
     $1,418,827,000: Provided, That expenses for services and 
     assistance authorized under title 38, United States Code, 
     sections 3104(a)(1), (2), (5), and (11) that the Secretary of 
     Veterans Affairs determines are necessary to enable entitled 
     veterans: (1) to the maximum extent feasible, to become 
     employable and to obtain and maintain suitable employment; or 
     (2) to achieve maximum independence in daily living, shall be 
     charged to this account: Provided further, That the Veterans 
     Benefits Administration shall be funded at not less than 
     $1,093,937,500: Provided further, That of the funds made 
     available under this heading, not to exceed $71,000,000 shall 
     be available for obligation until September 30, 2007.


                    NATIONAL CEMETERY ADMINISTRATION

       For necessary expenses of the National Cemetery 
     Administration for operations and maintenance, not otherwise 
     provided for, including uniforms or allowances therefore; 
     cemeterial expenses as authorized by law; purchase of one 
     passenger motor vehicle for use in cemeterial operations; and 
     hire of passenger motor vehicles, $156,447,000: Provided, 
     That of the funds made available under this heading, not to 
     exceed $7,800,000 shall be available until September 30, 
     2007.


                      OFFICE OF INSPECTOR GENERAL

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978, $70,174,000, to remain available until September 30, 
     2007.


                      CONSTRUCTION, MAJOR PROJECTS

       For constructing, altering, extending and improving any of 
     the facilities including parking projects under the 
     jurisdiction or for the use of the Department of Veterans 
     Affairs, or for any of the purposes set forth in sections 
     316, 2404, 2406, 8102, 8103, 8106, 8108, 8109, 8110, and 8122 
     of title 38, United States Code, including planning, 
     architectural and engineering services, maintenance or 
     guarantee period services costs associated with equipment 
     guarantees provided under the project, services of claims 
     analysts, offsite utility and storm drainage system 
     construction costs, and site acquisition, where the estimated 
     cost of a project is more than the amount set forth in title 
     38, United States Code, section 8104(a)(3)(A) or where funds 
     for a project were made available in a previous major project 
     appropriation, $607,100,000, to remain available until 
     expended, of which $539,800,000 shall be for Capital Asset 
     Realignment for Enhanced Services (CARES) activities; and of 
     which $2,500,000 shall be to make reimbursements as provided 
     in title 41, United States Code, section 612 for claims paid 
     for contract disputes: Provided, That except for advance 
     planning activities, including needs assessments which may or 
     may not lead to capital investments, and other capital asset 
     management related activities, such as portfolio development 
     and management activities, and investment strategy studies 
     funded through the advance planning fund and the planning and 
     design activities funded through the design fund and CARES 
     funds, including needs assessments which may or may not lead 
     to capital investments, none of the funds appropriated under 
     this heading shall be used for any project which has not been 
     approved by the Congress in the budgetary process: Provided 
     further, That funds provided in this appropriation for fiscal 
     year 2006, for each approved project (except those for CARES 
     activities referenced above) shall be obligated: (1) by the 
     awarding of a construction documents contract by September 
     30, 2006; and (2) by the awarding of a construction contract 
     by September 30, 2007: Provided further, That the Secretary 
     of Veterans Affairs shall promptly report in writing to the 
     Committees on Appropriations of both Houses of Congress any 
     approved major construction project in which obligations are 
     not incurred within the time limitations established above: 
     Provided further, That none of the funds in this or any other 
     Act may be used to modify or alter the mission, services or 
     infrastructure of the 18 facilities on the Capital Asset 
     Realignment for Enhanced Services (CARES) list requiring 
     further study as specified by the Secretary of Veterans 
     Affairs.


                      CONSTRUCTION, MINOR PROJECTS

       For constructing, altering, extending, and improving any of 
     the facilities including parking projects under the 
     jurisdiction or for the use of the Department of Veterans 
     Affairs, including planning and assessments of needs which 
     may lead to capital investments, architectural and 
     engineering services, maintenance or guarantee period 
     services costs associated with equipment guarantees provided 
     under the project, services of claims analysts, offsite 
     utility and storm drainage system construction costs, and 
     site acquisition, or for any of the purposes set forth in 
     sections 316, 2404, 2406, 8102, 8103, 8106, 8108, 8109, 8110, 
     8122, and 8162 of title 38, United States Code, where the 
     estimated cost of a project is equal to or less than the 
     amount set forth in title 38, United States Code, section 
     8104(a)(3)(A), $208,937,000, to remain available until 
     expended, along with unobligated balances of previous 
     ``Construction, minor projects'' appropriations, of which 
     $160,000,000 shall be for Capital Asset Realignment for 
     Enhanced Services (CARES) activities: Provided, That from 
     amounts appropriated under this heading, additional amounts 
     may be used for CARES activities upon notification of and 
     approval by the Committees on Appropriations of both Houses 
     of Congress: Provided further, That funds in this account 
     shall be available for: (1) repairs to any of the nonmedical 
     facilities under the jurisdiction or for the use of the 
     Department of Veterans Affairs which are necessary because of 
     loss or damage caused by any natural disaster or catastrophe; 
     and (2) temporary measures necessary to prevent or to 
     minimize further loss by such causes.


       GRANTS FOR CONSTRUCTION OF STATE EXTENDED CARE FACILITIES

       For grants to assist States to acquire or construct State 
     nursing home and domiciliary facilities; and to remodel, 
     modify or alter existing hospital, nursing home and 
     domiciliary facilities in State homes; and for furnishing 
     care to veterans as authorized by title 38, United States 
     Code, sections 8131-8137, $104,322,000, to remain available 
     until expended.


        GRANTS FOR THE CONSTRUCTION OF STATE VETERANS CEMETERIES

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

                           General Provisions


                     (including transfer of funds)

       Sec. 201. Any appropriation for the Veterans Benefits 
     Administration for fiscal year 2006 for ``Compensation and 
     pensions'', ``Readjustment benefits'', and ``Veterans 
     insurance and indemnities'' may be transferred as necessary 
     to any other of the mentioned appropriations: Provided, That 
     before a transfer may take place, the Secretary of Veterans 
     Affairs shall request from the Committees on Appropriations 
     of both Houses of Congress the authority to make the transfer 
     and an approval is issued, or absent a response, a period of 
     30 days has elapsed.


                     (including transfer of funds)

       Sec. 202. Amounts made available for the Veterans Health 
     Administration for fiscal year 2006 under the ``Medical 
     services'', ``Medical administration'', ``Information 
     technology'', and ``Medical facilities'' accounts may be 
     transferred between the mentioned accounts: Provided, That 
     before a transfer may take place, the Secretary of Veterans 
     Affairs shall request from the Committees on Appropriations 
     of both Houses of Congress the authority to make the transfer 
     and an approval is issued, or absent a response, a period of 
     30 days has elapsed: Provided further, That no transfer may 
     be made out of the ``Medical and Prosthetic Research'' 
     account.
       Sec. 203. The Secretary of Veterans Affairs shall submit to 
     the Committees on Appropriations in both Houses of Congress a 
     quarterly report on the financial status of the Veterans 
     Health Administration. This report shall contain, at a 
     minimum, both planned and actual expenditure rates, 
     unobligated balances, and any potential financial shortfalls.
       Sec. 204. No project for which funds have been appropriated 
     in the ``Construction, major projects'' account may be 
     canceled or altered in scope by more than 10 percent in cost 
     without submitting a request to the Committees on 
     Appropriations of both Houses of Congress and an approval is 
     issued, or absent a response, a period of 30 days has 
     elapsed.
       Sec. 205. No appropriations in this Act for the Department 
     of Veterans Affairs shall be available for hospitalization or 
     examination of any persons (except beneficiaries entitled 
     under the laws bestowing such benefits to veterans, and 
     persons receiving such treatment under 5 U.S.C., sections 
     7901-7904 or 42 U.S.C., sections 5141-5204), unless 
     reimbursement of cost is made to the ``Medical services'' 
     account at such rates as may be fixed by the Secretary of 
     Veterans Affairs.
       Sec. 206. Appropriations available to the Department of 
     Veterans Affairs for fiscal year 2006 for ``Compensation and 
     pensions'', ``Readjustment benefits'', and ``Veterans 
     insurance and

[[Page 21011]]

     indemnities'' shall be available for payment of prior year 
     accrued obligations required to be recorded by law against 
     the corresponding prior year accounts within the last quarter 
     of fiscal year 2005.
       Sec. 207. Appropriations accounts available to the 
     Department of Veterans Affairs for fiscal year 2006 shall be 
     available to pay prior year obligations of corresponding 
     prior year appropriations accounts resulting from title X of 
     the Competitive Equality Banking Act, Public Law 100-86, 
     except that if such obligations are from trust fund accounts 
     they shall be payable from ``Compensation and pensions''.
       Sec. 208. Notwithstanding any other provision of law, 
     during fiscal year 2006, the Secretary of Veterans Affairs 
     shall, from the National Service Life Insurance Fund (38 
     U.S.C. 1920), the Veterans' Special Life Insurance Fund (38 
     U.S.C. 1923), and the United States Government Life Insurance 
     Fund (38 U.S.C. 1955), reimburse the ``General operating 
     expenses'' account for the cost of administration of the 
     insurance programs financed through those accounts: Provided, 
     That reimbursement shall be made only from the surplus 
     earnings accumulated in an insurance program in fiscal year 
     2006 that are available for dividends in that program after 
     claims have been paid and actuarially determined reserves 
     have been set aside: Provided further, That if the cost of 
     administration of an insurance program exceeds the amount of 
     surplus earnings accumulated in that program, reimbursement 
     shall be made only to the extent of such surplus earnings: 
     Provided further, That the Secretary of Veterans Affairs 
     shall determine the cost of administration for fiscal year 
     2006 which is properly allocable to the provision of each 
     insurance program and to the provision of any total 
     disability income insurance included in such insurance 
     program.
       Sec. 209. Notwithstanding any other provision of law and 
     hereafter, the Department of Veterans Affairs shall continue 
     the Franchise Fund established by title I of Public Law 104-
     204.
       Sec. 210. Amounts deducted from enhanced-use lease proceeds 
     to reimburse an account for expenses incurred by that account 
     during a prior fiscal year for providing enhanced-use lease 
     services, may be obligated during the fiscal year in which 
     the proceeds are received.
       Sec. 211. Funds available in any Department of Veterans 
     Affairs appropriation for fiscal year 2006 or funds for 
     salaries and other administrative expenses shall also be 
     available to reimburse the Office of Resolution Management 
     and the Office of Employment Discrimination Complaint 
     Adjudication for all services provided at rates which will 
     recover actual costs but not exceed $29,758,000 for the 
     Office of Resolution Management and $3,059,000 for the Office 
     of Employment and Discrimination Complaint Adjudication: 
     Provided, That payments may be made in advance for services 
     to be furnished based on estimated costs: Provided further, 
     That amounts received shall be credited to ``General 
     operating expenses'' for use by the office that provided the 
     service.
       Sec. 212. No appropriations in this Act for the Department 
     of Veterans Affairs shall be available to enter into any new 
     lease of real property if the estimated annual rental is more 
     than $300,000 unless the Secretary of Veterans Affairs 
     submits a report which the Committees on Appropriations in 
     both Houses of Congress approve within 30 days following the 
     date on which the report is received.
       Sec. 213. No funds of the Department of Veterans Affairs 
     shall be available for hospital care, nursing home care, or 
     medical services provided to any person under chapter 17 of 
     title 38, United States Code, for a non-service-connected 
     disability described in section 1729(a)(2) of such title, 
     unless that person has disclosed to the Secretary of Veterans 
     Affairs, in such form as the Secretary may require, current, 
     accurate third-party reimbursement information for purposes 
     of section 1729 of such title: Provided, That the Secretary 
     may recover, in the same manner as any other debt due the 
     United States, the reasonable charges for such care or 
     services from any person who does not make such disclosure as 
     required: Provided further, That any amounts so recovered for 
     care or services provided in a prior fiscal year may be 
     obligated by the Secretary during the fiscal year in which 
     amounts are received.
       Sec. 214. Amounts made available under the ``Medical 
     services'' account are available--
       (1) for furnishing recreational facilities, supplies, and 
     equipment; and
       (2) for funeral expenses, burial expenses, and other 
     expenses incidental to funerals and burials for beneficiaries 
     receiving care in the department.


                     (including transfer of funds)

       Sec. 215. Any appropriation for fiscal year 2006 for the 
     Veterans Benefits Administration made available under the 
     heading ``General operating expenses'' may be transferred to 
     the ``Veterans Housing Benefit Program Fund Program Account'' 
     for the purpose of providing funds for the nationwide 
     property management contract if the administrative costs of 
     such contract exceed $8,800,000 in the fiscal year.
       Sec. 216. Notwithstanding any other provision of law, the 
     Secretary of Veterans Affairs shall allow veterans eligible 
     under existing Department of Veterans Affairs Medical Care 
     requirements and who reside in Alaska to obtain medical care 
     services from medical facilities supported by the Indian 
     Health Services or tribal organizations. The Secretary shall: 
     (1) limit the application of this provision to rural Alaskan 
     veterans in areas where an existing Department of Veterans 
     Affairs facility or Veterans Affairs-contracted service is 
     unavailable; (2) require participating veterans and 
     facilities to comply with all appropriate rules and 
     regulations, as established by the Secretary; (3) require 
     this provision to be consistent with Capital Asset 
     Realignment for Enhanced Services Activities; and (4) result 
     in no additional cost to the Department of Veterans Affairs 
     or the Indian Health Service.


                     (including transfer of funds)

       Sec. 217. Such sums as may be deposited to the Department 
     of Veterans Affairs Capital Asset Fund pursuant to title 38, 
     United States Code, section 8118 may be transferred to the 
     ``Construction, major projects'' and ``Construction, minor 
     projects'' accounts, to remain available until expended for 
     the purposes of these accounts.
       Sec. 218. Notwithstanding any other provision of law, at 
     the discretion of the Secretary of Veterans Affairs, proceeds 
     or revenues derived from enhanced-use leasing activities 
     (including disposal) may be deposited into the 
     ``Construction, major projects'' and ``Construction, minor 
     projects'' accounts and be used for construction (including 
     site acquisition and disposition), alterations and 
     improvements of any medical facility under the jurisdiction 
     or for the use of the Department of Veterans Affairs. Such 
     sums as realized are in addition to the amount provided for 
     in ``Construction, major projects'' and ``Construction, minor 
     projects''.
       Sec. 219. None of the funds made available in this Act may 
     be used to implement any policy prohibiting the Directors of 
     the Veterans Integrated Service Networks from conducting 
     outreach or marketing to enroll new veterans within their 
     respective Networks.


                     (including transfer of funds)

       Sec. 220. That such sums as may be deposited to the Medical 
     Care Collections Fund pursuant to section 1729A of title 38, 
     United States Code, may be transferred to the ``Medical 
     services'' account, to remain available until expended for 
     the purposes of this account.
       Sec. 221. Appropriations available to the Department of 
     Veterans Affairs for fiscal year 2006 for salaries and 
     expenses shall be available for services authorized by title 
     5, United States Code, section 3109; hire of passenger motor 
     vehicles; lease of a facility or land or both; and uniforms 
     or allowances therefor, as authorized by title 5, United 
     States Code, sections 5901-5902.

                      TITLE III--RELATED AGENCIES

                  AMERICAN BATTLE MONUMENTS COMMISSION

                         Salaries and Expenses

       For necessary expenses, not otherwise provided for, of the 
     American Battle Monuments Commission, including the 
     acquisition of land or interest in land in foreign countries; 
     purchases and repair of uniforms for caretakers of national 
     cemeteries and monuments outside of the United States and its 
     territories and possessions; rent of office and garage space 
     in foreign countries; purchase (one for replacement only) and 
     hire of passenger motor vehicles; not to exceed $7,500 for 
     official reception and representation expenses; and insurance 
     of official motor vehicles in foreign countries, when 
     required by law of such countries, $36,250,000, to remain 
     available until expended.

                     Foreign Currency Fluctuations

       For necessary expenses, not otherwise provided for, of the 
     American Battle Monumnets Commission, $15,250,000, to remain 
     available until expended, for purposes authorized by title 
     36, United States Code, section 2109.

           UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

                         Salaries and Expenses

       For necessary expenses for the operation of the United 
     States Court of Appeals for Veterans Claims as authorized by 
     title 38, United States Code, sections 7251-7298, 
     $18,795,000, of which $1,260,000 shall be available for the 
     purpose of providing financial assistance as described, and 
     in accordance with the process and reporting procedures set 
     forth, under this heading in Public Law 102-229.

                      DEPARTMENT OF DEFENSE--CIVIL

                       Cemeterial Expenses, Army


                         Salaries and Expenses

       For necessary expenses, as authorized by law, for 
     maintenance, operation, and improvement of Arlington National 
     Cemetery and Soldiers' and Airmen's Home National Cemetery, 
     including the purchase of two passenger motor vehicles for 
     replacement only, and not to exceed $1,000 for official 
     reception and representation expenses, $28,550,000, to remain 
     available until expended. In addition, such sums as may be 
     necessary for parking maintenance, repairs and replacement, 
     to be derived from the lease of Department of Defense Real 
     Property for Defense Agencies account.

                      ARMED FORCES RETIREMENT HOME

                      Armed Forces Retirement Home

       For expenses necessary for the Armed Forces Retirement Home 
     to operate and maintain the Armed Forces Retirement Home--
     Washington, District of Columbia and the Armed Forces 
     Retirement Home--Gulfport, Mississippi, to be paid from funds 
     available in the Armed Forces Retirement Home Trust Fund, 
     $58,281,000, of which $1,248,000 shall remain available until 
     expended for construction and renovation of the physical 
     plants at the Armed Forces Retirement Home--Washington, 
     District of Columbia and the Armed Forces Retirement Home--
     Gulfport, Mississippi.
       This Act may be cited as the ``Military Construction and 
     Veterans Affairs, and Related Agencies Appropriations Act, 
     2006''.

[[Page 21012]]

       Amend the title so as to read: ``An Act making 
     appropriations for Military Construction and Veterans 
     Affairs, and Related Agencies for the fiscal year ending 
     September 30, 2006, and for other purposes.''.

  Mrs. HUTCHISON. Mr. President, it is my pleasure today to bring the 
fiscal year 2006 Military Construction, Veterans Affairs and related 
agencies bill to the Senate for consideration.
  First, I would like to say that as a result of Chairman Cochran and 
Senator Byrd's leadership, we received an increase in our allocation 
from the very beginning of this process of over $1.2 billion above the 
President's request to assist the Department of Veterans Affairs. It 
was only through this increase that Senator Feinstein and I were able 
to take care of our Nation's veterans.
  This bill stays within our 302(b) allocation. It provides 
$12,116,611,000 for military construction and $70,710,881,000 for the 
Department of Veterans Affairs and $157,126,000 for related agencies.
  This bill bridges two significant funding gaps in fiscal year 2006 
for the Department of Veterans Affairs. This is a total of $3.2 
billion.
  First, the President's budget request included two legislative 
proposals for the VA's health system that would have increased the 
copayments for prescription drugs and instituted new enrollment fees, 
both of which were to be paid for by veterans. Revenue estimates for 
these proposals were approximately $1.2 billion. The administration 
reduced the VA's budget request by this amount. This bill does not 
include either of those two legislative proposals, and instead the 
subcommittee used all of its increased allocation to cover the $1.2 
billion difference for VA health care.
  The second gap in the VA's 2006 budget was a shortfall in VA's health 
care budget identified by the Secretary of Veterans Affairs this 
summer. The bill contains $1.977 billion requested by the 
administration in a budget amendment. While Senator Feinstein and I 
have included the full amount requested, the bill designates this 
funding as an emergency appropriation.
  I would like to especially thank the subcommittee's ranking member, 
Senator Feinstein, for her efforts and cooperation over the summer 
regarding that particular critical issue. In addition, I thank Senator 
Larry Craig, and Senator Patty Murray, as well as Senator Akaka for 
their help in solving that problem that was looming as an emergency. 
And we all came to an agreement on a bipartisan basis that is certainly 
worthy of our colleagues' support. We had part of it as an emergency, 
and we will finish what we need in the 2006 budget.
  The bill recommends $23.3 billion for the VA's medical services 
account. This funding level is $1.3 billion above the President's 
request. Again, this was only possible with the extra allocation 
provided by the full committee chairman and ranking member.
  This bill recommends $412 million for medical and prosthetic 
research. The budget request for this account was $9 million below the 
fiscal year 2005 level. The funding level in the bill increases this 
account above the fiscal year 2005 level by $19 million.
  We have specifically included funds directed solely to research for 
gulf war illness syndrome. This is an area that I feel very strongly 
committed to because so many of our veterans came back from the first 
gulf war--one in seven veterans who returned from that war--with 
symptoms they had not ever had in their lives. I believe we were slow 
to recognize that, but we are now putting greater emphasis on that--not 
only to treat those veterans but also to see what the cause is and 
prevent future members of our armed services from being susceptible to 
that kind of chemical warfare. This bill provides full funding as 
requested for the VA's medical facilities account at $3.3 billion, as 
well as new construction and renovation of existing facilities at $607 
million and $209 million, respectively.
  The bill creates an account for the VA information technology. This 
is a very important effort that will help achieve efficiencies in 
delivering care to our veterans. We do not have the technology we need 
in our veterans system to do what needs to be done on an efficient 
basis. This will reorganize the entire technology portfolio and give 
Congress more oversight, as well.
  For our Nation's veterans compensation, pensions, and other benefit 
programs, we fully funded the administration's request of $36.8 
billion. The bill also provides sorely needed funds for military 
construction with the impending return of troops. As a result of the 
current overseas rebasing effort, BRAC, Army modularity, and the global 
war on terror, our service men and women are in a time of great 
transformation. It is important they have facilities in place to enable 
the transformation.
  The bill, including the first phase of funding for the BRAC 2005 
round, should it be approved by Congress, adds $1.5 billion. We have 
also included a provision that facilitates congressional oversight by 
requiring the Secretary of Defense to provide a spending plan before 
obligating any funds from this account.
  The bill also continues funding for many important quality-of-life 
initiatives, including 11 family housing privatization projects, and it 
increases Guard and Reserve funding more than $295 million over the 
President's request.
  For the related agencies under our jurisdiction, we include $51.5 
million for the American Battle Monument Commission, which is $1 
million above its request, and $28.5 million for Arlington National 
Cemetery, which is $500,000 above their request.
  Our subcommittee has worked hard to bring a fair and balanced bill. 
It warrants the support of our colleagues. We could not have done this 
without the total cooperation of Senator Feinstein and her staff. We 
have always worked together on a bipartisan basis. We always will on 
this subcommittee.
  I yield the floor to my ranking member, Senator Feinstein.
  The PRESIDING OFFICER. Under the previous order, the committee-
reported substitute is agreed to as original text for the purpose of 
amendment, with no points of order waived.
  (The committee amendment in the nature of a substitute was agreed 
to.)
  The PRESIDING OFFICER. The Senator from California.
  Mrs. FEINSTEIN. Mr. President, I am very pleased to join my chairman, 
Senator Hutchison, in recommending the 2006 Military Construction, 
Veterans Affairs, and related agencies appropriations bill to the 
Senate. I thank Senators Cochran and Byrd for their leadership and 
assistance in guiding this bill through the committee and to the floor.
  I very much appreciate the support of our leaders in allowing us to 
take up this bill at this time before we have completed action on the 
Defense authorization or appropriations bills. I recognize this is not 
the normal order of business. With the clock running and a large amount 
of unfinished business facing the Senate, it is imperative we press on 
with these bills as quickly as possible.
  With one disastrous hurricane behind us and another bearing down on 
Texas, we all recognize there is no time to dawdle. We face enormous 
challenges with these hurricanes. Both Senator Hutchison and I hope and 
pray it will not bring another measure of devastation on our coastal 
States. My heart goes out to my chairman, Senator Hutchison, to her 
people, our people, in the State of Texas. I hope we can move this bill 
quickly so she can return to Texas later today to help her constituents 
prepare for the onslaught of the storm.
  I want the Senator to know all on this side wish you and your people 
Godspeed. I hope it does not hit as hard as it looks like it might.
  Mrs. HUTCHISON. Mr. President, let me say thank you for those kind 
words. I appreciate them. I know the Senator from California has lived 
through some very tough earthquakes.
  We appreciate the response Congress is giving to the many needs of 
the victims of Hurricane Katrina and possibly those who will be in a 
similar situation from Rita.
  Thank you very much.
  Mrs. FEINSTEIN. We have watched with great pride the heroic actions 
of

[[Page 21013]]

our Nation's active and reserve military personnel as they have rushed 
to respond to devastation caused by Hurricane Katrina. We have watched 
these same troops courageously carry out their missions in Iraq and 
Afghanistan.
  We ask so much of our military and we all recognize we can never 
adequately repay our debt of gratitude to them. That said, we as 
Senators have both the opportunity and the responsibility to ensure 
programs important to our military forces and our veterans are 
adequately funded.
  As Senator Hutchison has said, the bill before the Senate today is a 
bipartisan effort to provide a portion of that funding for the 
infrastructure needs of our military and the health care and other 
needs of our veterans.
  I want to emphasize the bipartisan nature of this bill and to 
especially commend the chairman, Senator Hutchison, for her skill and 
her determination--and she can be very determined--in addressing the 
budgetary complications posed by merging the massive and troubled 
budget of the VA into the military construction appropriations bill.
  In that respect, when we had hearings, it was interesting to see that 
Senator Craig came, Senator Akaka came, Senator Murray came, the former 
authorizers, as well as appropriators when the VA was in another 
budget.
  I hope veterans all over the United States recognize how deeply this 
Senate does care that the VA budget is adequately funded. It was a 
struggle, but we got there and we got there together. That was thanks 
to the authorizers and the appropriators and the former appropriators, 
including my friend Senator Mikulski, for working closely with us.
  This bill is notable in several regards. First, under the leadership 
of Chairman Cochran and Senator Byrd, we were able to provide $1.977 
billion in emergency funding to address the projected shortfall in 
veterans health care. This was originally disputed, but the authorizers 
found that the percentage of increase in the planning model was wrong. 
Therefore, additional moneys were, in fact, needed. That was in 
addition to the $1.5 billion in the 2005 supplemental funding we were 
able to add to the 2006 Interior appropriations bill to make up the 
current shortfall in veterans health care funding. So it was a double 
effort because money was also added on the Interior bill as well as on 
our bill.
  At a time of tight budget constraints and many competing needs, the 
Senate Committee on Appropriations demonstrated it stands united in 
support of our veterans. I very much hope the full Senate and the House 
will stand by our committee's recommendation.
  The bill before the Senate today totals $82.98 billion, of which $44 
billion is discretionary. For military construction, the bill equals 
the budget request of $12.116 billion, although we have rearranged some 
of the funding within that request.
  For the VA, the total amount appropriated in this bill is $70.7 
billion, including $34.1 billion in discretionary spending and $36.6 
billion in mandatory spending. This is $3.2 billion above the 
President's original budget proposal.
  Even before we learned of the terrible shortfalls in the VA budget, 
Chairman Cochran and Senator Byrd provided an additional $1.26 billion 
to the subcommittee to cover shortcomings in the President's budget 
request for the Department of Veterans Affairs. Senator Hutchison and I 
used that additional funding to restore proposed cuts to programs and 
to make up all the savings assumed in the budget submission for 
proposed enrollment fees and increased pharmaceutical copayments, as 
the chairman mentioned.
  The Senate Committee on Appropriations unanimously rejected levying 
these fees on our veterans and provided funding to ensure that the VA 
could continue to provide service to all eligible veterans.
  The bill also provides essential funding for military construction, 
military family housing, and base realignment and closure costs. Once 
again, Hurricane Katrina has demonstrated the vital mission of the 
Guard and Reserve forces to respond to disasters at home and the 
important backup role played by components of our Active-Duty Forces.
  As any experienced military member will state, infrastructure is the 
key to readiness. Our troops can't train or deploy effectively without 
the infrastructure necessary to support their mission. This bill 
provides important funding for military infrastructure needs, including 
family housing. As the chairman mentioned in the privatization of a 
number of new projects, those needs will only increase as a result of 
the impact of Hurricane Katrina on a number of facilities and 
installations in Mississippi and Louisiana.
  We must be prepared to meet those emerging requirements and others we 
may yet face, without slowing down the progress we are making toward 
addressing the backlog of military construction requirements 
nationwide. I suggest that a necessary place for some of this will be 
the next emergency supplemental rather than, hopefully, amendments to 
this bill.
  Finally, this bill includes necessary funding to implement the 2005 
base realignment and closure process and to continue the environmental 
cleanup from the previous BRAC rounds. This is very important to me. I 
thank the chairman for going along with it because the environmental 
cleanup needs are far beyond those envisioned or those budgeted.
  Much of the remaining environmental cleanup requirements is in my 
home State of California. I am particularly mindful of the need to 
finish this job. Senator Hutchison has strongly supported me in this 
effort. I appreciate her concern that we fully fund environmental 
cleanup of military installations closed under the BRAC process.
  Again, I thank Chairman Hutchison for her steadfast leadership on 
this bill, and Chairman Cochran and Senator Byrd for their unstinting 
support of our Nation's military members and veterans. I also thank, 
because we have a great staff, Tammy Cameron, Sean Knowles, and Dennis 
Balkam on the majority, and Christina Evans, B.G. Wright, and Chad 
Schulken of my staff for their professionalism and their excellent 
work.
  This is a good bill. I encourage all of my colleagues on the 
Democratic side, in particular, to support it and to move expeditiously 
to pass it.
  I yield the floor.
  The PRESIDING OFFICER. The Senator from Texas.
  Mrs. HUTCHISON. Mr. President, I thank Senator Feinstein. It is clear 
we worked very well to address the needs of veterans in our country and 
the military construction needs of all the services in our country. I, 
too, thank her staff and my staff, Tammy Cameron, Dennis Balkam, and 
Sean Knowles, for working together to make sure we do the very best job 
possible and that we work together.
  I also add that I appreciate what Senator Feinstein said about 
amendments to the bill. We are going to shortly propose a unanimous 
consent that gives a deadline for Members who may want to do an 
amendment, but I hope no one will try for amendments related to Katrina 
or Rita because we will have another supplemental for those purposes 
and we would like to keep this bill in our 302(b) allocation.
  Speaking of Katrina and Rita, I commend the Department, especially, 
for the way they have handled the emergencies that have faced them. 
When Katrina was threatening the New Orleans and Mississippi areas, 
they moved the patients out of harm's way before they were threatened. 
Before anyone said they had to, they were calling the families of 
patients, explaining the options and telling the families where the 
patients were being moved. Records were moved to safe locations. 
Emergency stockpiles of prescription drugs were routed to the areas 
where the patients were going. It was truly a phenomenal success. Not 
one veteran who was in the care of the Veterans' Administration was in 
any way harmed because of this evacuation and this service. Every 
single veteran had medication dispensed on time. Special arrangements 
were made to deliver benefit payments to those who did not have an 
address or a bank where they were.
  Victims who were not veterans were also helped. No one was denied 
medical

[[Page 21014]]

treatment. VA doctors were there to help everyone, and they did. This 
is due to the professionalism of the Department and the detailed prior 
planning.
  I can tell you the Department of Veterans Affairs is now doing the 
exact same thing in the areas that are thought to be in the path of 
Hurricane Rita. They are beginning to evacuate the veterans who might 
be in harm's way. They will continue to be ready to assure that all of 
our veterans on medications will have those medications. I commend 
Secretary Nicholson and all of the professionals at the Department of 
Veterans Affairs for stepping up to the plate and taking care of our 
veterans who are in these emergency situations on the gulf coast today.
  There is no question that all of us--I happen to have been born in 
Galveston. I have lived through hurricanes, and I know how devastating 
it can be to an area to be struck by a hurricane. I was going to 
college when Hurricane Carla struck, which was the largest hurricane we 
had ever had since the 1900 storms in Galveston. It was a level 4.
  Now we are looking at possibly a level 5. So I have a lot of friends 
and family who are in the area who are just waiting to see what is 
going to happen. And it takes something out of you, there is no 
question.
  But our veterans are going to be taken care of. The people of America 
who are in trouble are going to be taken care of by our Federal, State, 
and local communities that are all working together to make sure that 
when Americans are in need, Americans will be there to do our part to 
ease this pain.
  So thank you, Mr. President. I thank my distinguished ranking member, 
Senator Feinstein, for her concern. I commend our Secretary of Veterans 
Affairs for working with us through many of the travails we have had to 
assure that our veterans get the care they need and that our Active-
Duty military also have the military construction for their quality of 
life.
  The PRESIDING OFFICER (Mr. Chambliss). The Senator from California.
  Mrs. FEINSTEIN. If I may, Mr. President, I very much concur with what 
my chairman has just said. In watching on television, one of the things 
that has come through to me is the enormous sensitivity of our military 
toward people's plights. What is coming back from people is: Oh, they 
are treating us so well. They really care.
  I believe that is a real commendation for the American military, 
thrown into a situation for which they are not necessarily trained. 
After all, they are trained for war fighting. They have done amazingly. 
I think from the top, when General Honore went down--no nonsense, 
``move that gun down''--there was no doubt who was in command. It was a 
true command presence and followed down through the ranks in an amazing 
way.
  So I just want to say thank you very much to each man and woman who 
is down there helping people go through some of the worst days of their 
lives.
  The PRESIDING OFFICER. The Senator from Texas.
  Mrs. HUTCHISON. Mr. President, I thank Senator Feinstein for bringing 
that up because there are so many stories.
  I talked to the FEMA Director yesterday, and he has already gone to 
the Department of Defense to get a mobile hospital pre-positioned in 
the area where Rita might come so we would have a MASH unit ready to 
help people who might be injured. He has asked for helicopters, which 
he is going to get, for evacuation and rescue missions.
  I do think the military has really stepped up to the plate in 
Alabama, Mississippi, and Louisiana. They are ready to go and will be 
going to help the people of Texas where we think the brunt of this 
storm will hit.
  The other unsung heroes and heroines of this plight are the men and 
women of the Coast Guard. The person in charge from the Federal 
Government for the effort in Texas is going to be the admiral from the 
Coast Guard because they have done an incredible job. Admiral Allen 
over in Louisiana is doing a wonderful job. And now we will have other 
Coast Guard personnel helping with the operation in Texas.
  So I have been working in the last 24 hours with our State and local 
officials and our Federal officials to assure that the resources are 
there. I am convinced everything that can be done is being done and 
that if you can be prepared, we are prepared. But we all know 
hurricanes are unpredictable in many ways, and we are in for probably a 
tough time. We are up to it. We will make sure whatever can be done to 
ease the pain of people who are in harm's way will be done.
  I thank the Senator so much for her statement and the concern of all 
of my colleagues. Just as we have stated our concern to our colleagues 
from Louisiana and Mississippi and Alabama, people now realize we have 
another State to add to the emergency needs of our country. I have no 
doubt everyone will be there doing everything possible for my 
constituents in Texas.
  Mr. President, we are going to shortly propose a unanimous consent 
request. I ask any of my colleagues who might have amendments to get 
down to the floor immediately because we know of no amendments other 
than a couple we have in the mix. Senator Coburn has one, and we have 
one from Senator Feinstein for Senator Carper and Senator Biden. Those 
are the only ones we have been informed would be here, and we are going 
to dispatch those.
  So I will ask for a quorum call so we can come back shortly for a 
unanimous consent request. But if anyone is thinking of an amendment, I 
would ask my colleagues to address it immediately.
  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. Mr. President, 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, we do have a couple of other 
amendments. Senator DeWine has put an amendment in. But I am going to 
say that if we do not hear from anyone by 12:30, we are going to 
prepare to go to third reading and set a timetable for the vote. So I 
am just giving our colleagues fair warning that at 12:30, we will lock 
in the third reading and the vote on the Military Construction and 
Veterans Affairs and related agencies appropriations bill.
  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.
  Mr. CRAIG. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. CRAIG. Mr. President, I appreciate the expeditious way our leader 
and the chairman of the Subcommittee on Military Construction and 
Veterans Affairs, and Related Agencies has brought this important 
appropriations bill to the floor. It is, in my opinion, without 
question, that we ought to try to deal with all of our appropriations 
bills this year, complete them individually, complete the total 
process. We have seen the difficult and confusing process of omnibus 
bills over the last couple of years. Clearly, this Congress ought to 
demonstrate to the American taxpayer that we can conduct our budgeting 
and our appropriating process in a reasonable and responsible fashion 
to move ahead. The chairman of the subcommittee is urging us to come to 
the floor if we have amendments and address them in a timely fashion, 
to see if we can complete work on this appropriations bill today. I 
appreciate that.
  As chairman of the Veterans' Affairs Committee, I have worked closely 
with the chairman and the ranking member of this subcommittee to assure 
that we have adequately funded the Veterans' Administration. As our 
colleagues know--and certainly observers have known--we have had 
difficulty in effective and responsible projections of costs. As we 
have seen a ramping up of services to America's veterans and as

[[Page 21015]]

the quality of veterans health care improves, there has been a 
substantially greater number of veterans who have chosen to use the 
veterans health care system to provide for their needs. As a result, 
H.R. 2528 provides $70.71 billion to the Department of Veterans 
Affairs, the highest amount of appropriated dollars in the history of 
the Department. Of this funding, $34.09 billion is discretionary 
funding, meaning spent across the spectrum of veterans services, which 
is $1.26 billion above the administration's request, and $23.32 billion 
is for medical services which is $1.3 billion above the 
administration's request. Not only did the administration come in at a 
higher number, but as the needs changed, Congress came in at an even 
higher number. That speaks clearly to our commitment to America's 
veterans, as we have always responded to their needs in what we believe 
to be a direct, straightforward way.
  The overall budget of Veterans Affairs has risen $22.5 billion or 
47.5 percent, with average increases for all veterans at nearly 7.8 
percent every year. I am talking about since the Bush administration 
took office. These increases more than double the growth of the entire 
Federal budget, which has increased by 4.14 percent. I am talking about 
the Department of Veterans Affairs.
  Anyone who says we are not meeting the obligation to America's 
veterans with unprecedented increases and increases that are 
substantially more than in other areas of our Federal budget simply 
hasn't looked at the numbers and the level of health care being 
provided. Health care funding alone has grown by $10 billion, or 52 
percent, during the Bush administration. With that attention and 
response from the Congress and this President, VA has become a modern 
health care system, described in recent national publications as the 
best health care anywhere. Of course, that is exactly why we now see 
more veterans seeking veterans health care; it is not the health care 
of last resort. It is the health care of first choice. It is a modern, 
quality delivery system all of us can be proud of, not only because we 
are providing it but because it serves America's heroes in a way that 
we feel an appropriate obligation to do so.
  I thank Chairman Hutchison for the work she has done, and the ranking 
member, Senator Feinstein, for their cooperative effort with us as we 
have worked our way through this difficult funding process for 
veterans. The job is well done. The services and the resources provided 
are responsible and adequate for the serving of America's veterans.
  I am privileged to serve on this subcommittee, to work with the 
chairman and ranking member to accomplish this task. I also have the 
unique responsibility of serving as chairman of the authorizing 
Committee on Veterans' Affairs. I am pleased and proud of the work we 
are doing, not only for America's veterans today but for those who are 
soon to become America's veterans. The brave men and women serving us 
in the defense of our freedom in the war on terrorism in Iraq and 
Afghanistan are coming back. Many of them will be requiring significant 
services as they have been injured and found themselves in harm's way. 
Of course, that is our responsibility. We will not back from it in any 
way. America's veterans or America's serving men and women soon to be 
veterans need to know that this Congress has and will continue to 
address their needs in a responsible fashion, to serve them as we 
appropriately must, sometimes having to draw priorities but recognizing 
that those needing the care are going to get the care, the kind that is 
appropriate and responsible for America's heroes, America's veterans, 
and men and women currently serving in the armed services.
  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. CHAMBLISS. Mr. President, I ask unanimous consent the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER (Mr. Martinez). Without objection, it is so 
ordered.
  Mr. CHAMBLISS. Mr. President, I ask I be allowed to proceed as in 
morning business.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                           Hurricane Katrina

  Mr. CHAMBLISS. Mr. President, I rise to express my heartfelt sympathy 
for the hundreds of thousands of Americans who have been impacted and 
displaced by Hurricane Katrina. Many people will feel the effects of a 
natural disaster of this magnitude for years. My thoughts and prayers 
are certainly with them all.
  There have been an awful lot of negative publicity and stories 
surrounding this natural disaster. But there also have been a number of 
positive activities that have taken place leading up to Katrina's 
arrival, during the storm itself, as well as in the aftermath. I would 
like to share some of those stories.
  Since Katrina made landfall on August 29, 2005, public and private 
agencies have worked closely together to survey the damage to 
Mississippi, Louisiana, and Alabama. The hurricane affected the Port of 
New Orleans and the ports along the gulf coast and grain facilities 
along the Mississippi River. Reports estimate that the total damage to 
the Port of New Orleans is approximately $1.6 billion, including damage 
to two bridges and a lock.
  The Port of New Orleans is an economic asset to the City of New 
Orleans, contributing approximately $88 million to the city's economy 
and $1.6 billion to the statewide economy of Louisiana in the year 2001 
alone. According to the New Orleans Customs District, for the period 
October 2004 through June 2005, an 8-month period, the dollar value of 
exports for bulk agricultural products is almost $1 billion going 
through New Orleans. This is almost half of the bulk product, by value, 
exported from the United States every year. In 2004, bulk amount was 
$25.6 billion.
  As many of my colleagues are aware, transportation on the Mississippi 
River is very important to our Nation's farmers and is critical to 
keeping U.S. agriculture positioned and able to serve U.S. markets for 
grain, oilseeds, and grain products shipped from New Orleans. The 
Mississippi gulf typically is responsible for about 71 percent of corn, 
65 percent of soybeans, and 22 percent of wheat exports. This system is 
one of the most important elements in keeping U.S. grains and oilseeds, 
particularly corn and soybeans, as well as several other U.S. 
agriculture products, competitive in the world markets. Of the 50.2 
million metric tons exported from U.S. ports thus far in 2005, 29.7 
million metric tons or 59 percent was exported from the Mississippi 
gulf.
  Export elevators in the Mississippi gulf region range in storage 
capacities from 2 million to more than 7 million bushels each. These 
facilities have a rated vessel loading capacity generally ranging from 
60,000 to 100,000 bushels per hour.
  As chairman of the Committee on Agriculture, my staff has been in 
touch with all of the major U.S. grain exporters following Katrina's 
aftermath moving north. The grain export industry and the industry's 
supporting transportation infrastructure affected by this disaster 
committed early on to resume operations as soon as possible. Through 
continued perseverance, the National Grain and Feed Association, NGFA, 
and the North American Export Grain Association, NAEGA, which 
represents those business that handle 70 percent of the U.S. grain and 
oilseed crop, have prioritized the recovery operations of the grain 
export infrastructure in this region.
  Due to the accomplishments of the private sector, as of today, the 
grain export elevators are operating at a storage capacity in excess of 
84 percent in New Orleans. Moreover, the Federal agencies, especially 
the U.S. Army Corps of Engineers and the U.S. Coast Guard, have made 
this possible because of the cooperation between the private sector and 
the lessees of the port facilities, such as Cargill and ADM and other 
grain brokerage companies.
  Grain exporters, allied industries, and multiple U.S., State and 
local government entities continue to work

[[Page 21016]]

around the clock under very challenging conditions to restore 
operations on the Mississippi River and the affected region. While 
normal operating conditions at these facilities are not fully restored, 
many of the obstacles are being addressed successfully to have them 
operate at full capacity.
  A common challenge for every company is making sure enough workers 
can reach their facilities and have a warm bed and a hot meal. Elevator 
workers, port workers, and USDA grain inspectors were displaced by the 
hurricane's extensive damage or complete destruction to their homes--
and they also obeyed evacuation instructions. All of these people need 
housing and the appropriate infrastructure in order to be able to 
return to work.
  As the companies secure adequate housing and living quarters for the 
employees and their families, the employees of the industry, the Port 
of New Orleans and other gulf coast ports can more quickly get back to 
work to ensure U.S. agriculture continues feeding the world.
  This is at a point in time during the harvest of grains in the 
Midwest where we are at our peak, and it is such a critical factor, not 
just for the city of New Orleans but for all of our grain producers in 
the Midwest that put their grain on barges, ship them down the 
Mississippi River to the Port of New Orleans and other gulf coast 
facilities.
  The private sector, the Department of Agriculture, the Army Corps of 
Engineers, and the Coast Guard are diligently working to restore the 
gulf coast ports to full capacity in a timely manner. Congress will 
continue to provide these agencies the resources and the private sector 
the ability they need to do so.
  I am confident that the United States will continue to be a reliable 
supplier to the international community of grain. I commend the 
tireless efforts of the U.S. Government agencies, NAEGA, NGFA, and the 
companies involved in resuming operations of the Port of New Orleans, 
the ports along the gulf coast and grain facilities along the 
Mississippi River.
  There continue to be many great stories of other individuals and 
companies contributing and sacrificing time, money, and even their 
safety to help the victims of Katrina. In my home State of Georgia, 
many folks are volunteering in evacuee shelters, contributing food, 
clothes, and money. Some are even housing evacuees. Companies and their 
employees are joining the effort as well.
  The marquee company of my home State is Coca-Cola. Coca-Cola, its 
bottlers, and their employees are doing their part to assist the 
victims of Katrina. Coca-Cola had its incident management team in place 
prior to the storm making land to coordinate its response to Hurricane 
Katrina. With a number of facilities damaged or without electricity in 
the affected area, Coca-Cola and its bottlers immediately began 
producing water and an assortment of beverages from other plants for 
donation to FEMA and other relief agencies, even as they attempted to 
reach employees in the affected areas.
  Running short of bottles and cans to deliver water and juice for 
children, Coca-Cola employees modified 2.5-gallon containers, which are 
normally used for syrup in restaurant fountain dispensers, and 
converted them to hold various beverages for shipment to emergency 
shelters at the Astrodome and other places in and around the affected 
area.
  To date, Coca-Cola and its bottling partners have shipped more than 
30 million containers of filtered water, juice, sport drinks, and other 
beverages to relief organizations, including the American Red Cross, 
Department of Defense, FEMA and Mississippi Emergency Management Agency 
and food service partners such as Aramark.
  The Coca-Cola company and the Coca-Cola Bottlers Association 
committed $5 million to Hurricane Katrina relief. A major portion of 
the donations went to the American Red Cross and the Salvation Army, 
with $2 million being set aside to aid displaced Coca-Cola employees.
  Because of Georgia's experience in disasters and because of the 
expertise in mobile medical centers, Ben Hinson, the owner of Mid 
Georgia Ambulance Company was asked by the State of Louisiana to 
coordinate all ambulance and paramedic services coming into the State.
  Within 2 days of Hurricane Katrina making landfall, Ben was on the 
ground delivering medical services and coordinating response teams from 
all over the country. His company along with other Georgia ambulance 
services would eventually send 20 ambulances and 50 paramedic crews to 
help in the relief efforts.
  Ben and his son, Shay, now manage over 600 paramedics and nearly 400 
ambulances, a number that is growing every day as more States and 
localities continue to mobilize. Mid Georgia Ambulance is also working 
side by side with Navy medical teams in St. Barnard Parish providing 
triage and primary medical care to survivors.
  Home Depot is another company which is passionate about helping its 
neighbors and communities during times of need. Home Depot responded 
with unwavering support to help Louisiana, Mississippi, Alabama and 
Florida residents recover from this catastrophe.
  One of Home Depot's policies during such emergencies is to freeze 
prices on all hurricane commodities to assure that no price gouging can 
take place. Home Depot also established a 24-7 hurricane command center 
to support efforts to restore operations in the field. Home Depot 
relocated 950 associates to work in affected stores while impacted 
associates focus on the needs of their families and homes. They raised 
credit limits on its consumer credit cards and extended special offers 
to customers in the affected areas. They dispatched Loss Prevention 
personnel and uniformed guards to ensure the safety of customers and 
associates in affected and surrounding stores and temporary support 
centers.
  The Home Depot understands that its employees are the most important 
company asset and many were disaster victims themselves. To create a 
support network for short-term financial assistance to help ensure the 
safety of each associate and their families, Home Depot provided more 
than $1.2 million through 1,350 grants to workers impacted by Hurricane 
Katrina.
  They also set up a toll-free disaster assistance line for affected 
associates. The hotline helps associates find temporary housing, 
provides transfers to other store locations and contacts mortgage and 
credit card companies to temporarily suspend payments, among other 
services.
  The Home Depot has donated $1.5 million to support immediate relief 
and recovery efforts by relief organizations including $400,000 to the 
American Red Cross and Salvation Army, and $600,000 to support long-
term rebuilding and volunteerism efforts.
  The Home Depot Foundation donated $500,000 to community development 
organizations that rebuild low- to moderate-income housing in affected 
areas. With the help of its vendor partners, the Home Depot has 
provided and shipped nearly $1.25 million in in-kind product donations 
including generators, gloves, flashlights and batteries, floodlights, 
food, cleaning supplies and linens. This effort by Home Depot will 
continue until the cleanup process is completed.
  Georgia's own Center for Disease Control has directed much of its 
resources toward providing both immediate help to the victims' day-to-
day health needs, as well as the long-term difficulties of containing 
the spread of disease and infection.
  CDC positioned personnel on the ground in Louisiana prior to the 
storm making land.
  Dr. Julie Gerberding, CDC Director, has asked the CDC Foundation to 
activate its Emergency Preparedness and Response Fund, created after 9/
11 to provide flexible and immediate resources for CDC to use in a 
public health emergency.
  Dr. Gerberding has also activated the CDC state-of-the-art Bernie 
Marcus Emergency Operations Center to support the Department of Health 
and Human Services as a coordinating hub for the hurricane response.

[[Page 21017]]

  Public health scientists, relief workers, and medical supplies as 
well as environmental and medical test samples have been on the flights 
to and from the affected areas.
  As of today, September 22, the CDC has sent hundreds of thousands of 
doses of antibiotics and maintenance medications for chronic diseases 
such as diabetes, heart disease, high blood pressure, pain and anxiety, 
just to name a few. Also included are IVs, insulin syringes, and basic 
pharmaceuticals.
  CDC has deployed 246 professionals to the field. Specialties include 
nursing, epidemiology, sanitation, occupational safety, disease 
surveillance, and risk communication.
  CDC is helping to vaccinate thousands of children at evacuation 
centers' and CDC experts are helping to organize, implement, and assess 
the evacuation centers' vaccination program.
  CDC has been focusing on food-borne, water-borne, and insect-borne 
infectious disease outbreaks as well as checking water quality, 
restoring critical laboratory functions and rebuilding public health 
and laboratory infrastructures.
  Many evacuees in Louisiana, Mississippi, and Alabama lost their 
personal health records. These needs are being addressed through 
existing immunization systems.
  In Louisiana alone, CDC estimated that 8,300 queries were made to the 
Louisiana Immunization Network for Kids statewide--LINKS--regarding 
vaccination histories for kids that were evacuated. CDC is using LINKS 
to determine health records of children and providing immunizations for 
those in need and for those with no proof of health records.
  A story of human interest: Liz O'Mara surveys a shelter in Jackson, 
MS. A CDC public health advisor, she spent her second week of marriage 
on a cot in a conference room with 10 men ``who snored!'' But she says:

       It is an honorable experience to play a small part of a 
     State and local response effort. We--Strategic National 
     Stockpile--are not here as individuals, but as a team. We 
     rely on each other's commitment to their specific 
     responsibilities and expertise as a synchronized unit, or we 
     simply would not be very successful assisting with State and 
     local needs.

  I am proud of the efforts that Georgians, as well as all Americans 
are doing to help those who are suffering from Hurricane Katrina. We 
owe them a great deal of gratitude.
  Thank you, Mr. President.
  I yield the floor and I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. AKAKA. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER (Mr. Isakson). Without objection, it is so 
ordered.


                           Amendment No. 1852

  Mr. AKAKA. Mr. President, I call up my amendment No. 1852.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Hawaii [Mr. Akaka] proposes an amendment 
     numbered 1852.

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

  (Purpose: To provide an additional $10,000,000 for the Readjustment 
  Counseling Service, with a corresponding offset from the HealtheVet 
                                account)

       On page 76, line 22, strike ``$23,308,011,000'' and insert 
     ``$23,318,011,000''.
       On page 77, line 1, insert ``$109,000,000 shall be 
     available for the Readjustment Counseling Service: Provided 
     further, That'' after ``this heading,''.
       On page 78, line 22, strike ``$1,456,821,000'' and insert 
     ``$1,446,821,000''.
       On page 79, line 7, strike ``$100,000,000'' and insert 
     ``$90,000,000''.

  Mr. AKAKA. Mr. President, this amendment would plus-up the 
Readjustment Counseling Service's funding by $10 million. RCS is the 
arm of VA that operates the Vet Centers that many of us know so well. 
Vet Centers have traditionally provided needed counseling services to 
veterans of the Vietnam War in community-based settings for over two 
decades.
  Now, in the midst of Operations Iraqi Freedom and Enduring Freedom, 
the mission of the Vet Centers has been expanded to include outreach 
and counseling for service members, including members of the Guard and 
Reserve, who are returning from these conflicts.
  By providing the Vet Centers with an additional $10 million in 
funding, VA would be able to hire additional professional family 
therapists at Vet Centers nationwide to provide services to family 
members of veterans deeply affected by their service in combat. The 
readjustment period can be difficult for the entire family.
  We have all heard the statistics emerging from the groups that have 
already come back from OIF and OEF. Families and marriages have 
suffered due to rough transitions, and many have resulted in divorce.
  These additional funds would also augment Vet Centers in underserved 
rural communities and would expand the capacity for these centers to 
provide readjustment services to those veterans who may struggle with 
obtaining access because they live in a remote area.
  Surviving family members of those servicemen who paid the ultimate 
price, will be able to find solace through the Vet Center's bereavement 
counseling program. Vet Centers would be able to hire more bereavement 
counselors to provide counseling for those who must endure the pain of 
losing a family member in combat.
  Finally, I point out that in his testimony to the Committee on 
Veterans' Affairs this past June, VA Secretary Nicholson stated that 
only $8 million would be required for additional services that were 
already being implemented by the Vet Center program, such as providing 
additional outreach workers. We need to make sure that these services 
are secure by providing the funds necessary to implement them. The 
requested amount would do that and go even a bit further to support 
this invaluable program.
  Mr. President, I ask for support of this amendment, knowing how 
important it is today for our veterans, and look forward to its 
adoption.
  I yield back the remainder of my time.
  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.
  Mr. STEVENS. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The Senator from Alaska.


                         Global Climate Change

  Mr. STEVENS. Mr. President, in August, the voice of the Anchorage 
Times printed an article authored by my good friend Dr. Syun-Ichi 
Akasofu. Dr. Akasofu is the director of the International Arctic 
Research Center in Fairbanks. He is one of the world's leading experts 
on Arctic science and global climate change.
  Given the interest some of our colleagues have recently shown on this 
subject, I ask unanimous consent that Dr. Akasofu's article be printed 
in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

              [From the Voice of the Times, Aug. 23, 2005]

                  Alaska Glaciers Receding Since 1800

                       (By Dr. Syun-Ichi Akasofu)

       Few can argue that the earth's temperature is not 
     changing--especially in Alaska. However, before we create 
     fundamental policy changes, let's keep everything in context.
       Our work at the International Arctic Research Center and 
     that of many other scientists has produced significant 
     findings. One thing we do know is that there is no definitive 
     scientific proof that all of the present global warming is 
     attributable to humans, or caused by the greenhouse effect. 
     Natural changes are also important factors to consider.
       First, the Ice Age was only an average of 6 deg. C cooler 
     than today. There is permafrost in Alaska and Siberia, which 
     is the product of the Ice Age. The fact that it still exists 
     and is still thawing is partly due to the fact that

[[Page 21018]]

     the Ice Age has not concluded yet. The present warming must 
     partly be due to the recovery from the Ice Age.
       Alaska glaciers have been receding since 1800, before 
     greenhouse gases increased significantly after the Little Ice 
     Age. Portage Glacier has been receding from about 1890 or 
     earlier (the earliest record).
       Additionally, we cannot scientifically explain the 
     complicated way the Arctic sea ice along the Alaska Arctic 
     coast and other areas such as Siberia are receding. We do 
     know that the resulting open sea allows for the development 
     of intense cyclones that cause serious coastal erosion in 
     Alaska and elsewhere. It cannot be concluded that this is a 
     result of the greenhouse effect.
       Two other factors to consider are the North Atlantic 
     Oscillation and solar output. We know that the warm North 
     Atlantic water that is flowing into the Arctic Ocean is an 
     important factor in warming the Arctic Ocean. The intensity 
     of this flow occurs in pulses, some of which are driven by 
     cyclical changes known as the North Atlantic Oscillation.
       In addition, the sun has been putting more energy out 
     during the last 100 years, which is estimated to be 
     equivalent to a 0.2 deg. C increase (not the greenhouse 
     effect!), one third of the 0.6 deg. C, which has been 
     determined to be the official estimate of global warming 
     during the last 100 years.
       Added to such long-term trends, there are multi-decadal and 
     interannual fluctuations. Three years ago, Europe suffered 
     from an intense heat wave. One can easily see that it was not 
     due to the greenhouse effect, since uncommonly hot summers in 
     Europe did not make the headlines either last year or this 
     year.
       Likewise, it has been said that the number of hurricanes is 
     increasing, however, there is no clear indication of it. 
     These are interannual fluctuations.
       In addition to actual temperature changes, there are other 
     issues to consider. One such case is that many recent 
     disasters have been attributed to the greenhouse effect 
     without scientific proof; this includes the great floods in 
     Bangladesh and India in recent years.
       These floods may partly be due to massive deforestation in 
     these countries, to which some people must be held 
     responsible. On the other hand, by saying it is due to the 
     greenhouse effect, I am afraid that they are hiding behind 
     the greenhouse catastrophic scenario. The danger from such 
     confusion and hysteria may be even greater than from global 
     warming itself.
       In this respect, the reduction of CO2 release 
     must be based on a carefully assessed scientific ground, not 
     the catastrophic scenario. The United States spends more than 
     any other country on climate change research--$5 billion next 
     year. We should address the impacts of climate change while 
     allowing scientists to continue their work on the true causes 
     of these changes. Let's base our policy decisions on sound 
     science--not hysteria.

  Mr. STEVENS. Mr. President, I trust Dr. Akasofu's research and 
opinions. He has published more than 550 articles and is the author or 
coauthor of 10 books. His work has shown that he is an expert in Arctic 
research. It has shown that while there is little doubt the Earth's 
temperature is changing, there is still much debate about what is 
causing this change.
  In his article, Dr. Akasofu says that the:

       [One] thing we do know is that there is no definitive 
     scientific proof that all of the present global warming is 
     attributable to humans, or caused by the greenhouse effect.

  Some of the changes we are seeing are the most recent stage in a 
historic evolution. In Alaska, our glaciers have been receding since 
1800, long before the advent of the so-called greenhouse gases.
  In the past 100 years, the Sun has been giving off additional energy, 
which is likely responsible for one-third of the .6-degree Celsius 
increase in global temperature. And there is now the so-called Atlantic 
and Pacific oscillation that may be dumping more heat, that is, warm 
ocean water, into the Arctic Ocean.
  Changes in climate and weather patterns are not isolated events. They 
are part of a long-range historic trend or trends. One cannot arrive at 
sound conclusions about the causes by observing the changes which occur 
in their own lifetime. Reliable conclusions can only be reached by 
sound science and the type of research being conducted by Dr. Akasofu 
and his staff.
  We must not substitute our own casual judgment for sound science. 
This will only lead to confusion. And Dr. Akasofu warned that:

       The danger from such confusion and hysteria may be even 
     greater than from global warming itself.

  The effects of global climate change are real. Regardless of the 
cause, changes are underway in the Arctic regions, including Alaska, 
and we must deal with these effects. But we must also allow the 
scientists to reach scientifically based conclusions on what is causing 
this phenomenon.
  The basic problem we face is distinguishing between natural causes 
and human impact. The Commerce Committee's Subcommittee on Global 
Climate Change, chaired by Senator Vitter and cochaired by Senator 
Lautenberg, held a hearing on global climate change policy in July. 
During that hearing, I asked Dr. James Mahoney, Assistant Secretary of 
Commerce for Oceans and Atmosphere, about the situation and he told me:

       Sometimes there are . . . political arguments that want to 
     go in one extreme or the other. The scientific argument is 
     much more complicated in the middle.

  Figuring out what is really happening in the Arctic will be very 
important to answering the overall question of global climate change, 
and I am dedicated to pursuing this. As far as the United States is 
concerned, the evidence of global climate change is more apparent in 
Alaska than anywhere else. We should prepare for its effects, but I 
want to seek sound science before we enact policies aimed at its 
causes.
  We have created two subcommittees in the Commerce Committee that deal 
in some way with global climate change, and we will continue in our 
committee to address this issue. But I think it is very dangerous to 
make, as Dr. Mahoney called them, the ``political arguments.'' We must 
follow science on this issue, and I commend Dr. Akasofu for leading 
those efforts.
  Mr. President, I thank the chair. I yield the floor.
  I suggest the absence of a quorum.
  The assistant 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, we have a series of amendments that 
have been cleared on both sides, and I ask unanimous consent that the 
pending amendments be temporarily set aside so that I could send these 
amendments individually to the desk for their consideration.
  The PRESIDING OFFICER. Is there objection? Without objection, it is 
so ordered.


                           Amendment No. 1858

  Mrs. HUTCHISON. On behalf of Senator Coburn, I send an amendment to 
the desk and ask for its consideration.
  The PRESIDING OFFICER. Without objection, the clerk will report the 
amendment.
  The assistant legislative clerk read as follows:

       The Senator from Texas [Mrs. Hutchison], for Mr. Coburn, 
     proposes an amendment numbered 1858.

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

  (Purpose: To require that any limitation, directive, or earmarking 
   contained in either the House of Representatives or Senate report 
 accompanying this bill be included in the conference report or joint 
  statement accompanying the bill in order to be considered as having 
               been approved by both Houses of Congress)

       At the appropriate place, insert the following:
       Sec.  . Any limitation, directive, or earmarking contained 
     in either the House of Representatives or Senate report 
     accompanying H.R. 2528 shall also be included in the 
     conference report or joint statement accompanying H.R. 2528 
     in order to be considered as having been approved by both 
     Houses of Congress.

  Mrs. HUTCHISON. I urge adoption of the amendment.
  The PRESIDING OFFICER. The question is on agreeing to the amendment.
  The amendment (No. 1858) was agreed to.
  Mrs. HUTCHISON. I move to reconsider the vote.
  Mrs. FEINSTEIN. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.

[[Page 21019]]




                           Amendment No. 1859

  Mrs. HUTCHISON. I send an amendment to the desk on behalf of Senator 
Carper and ask for its immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Texas [Mrs. Hutchison], for Mr. Carper, 
     proposes an amendment numbered 1859.

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

(Purpose: To provide that, of the amount made available by title I for 
  military construction for the Air National Guard and available for 
 planning and design, $1,440,000 shall be made available for planning 
 and design for a replacement C-130 maintenance hangar at Air National 
               Guard New Castle County Airport, Delaware)

       On page 72, between lines 13 and 14, insert the following:
       Sec. 130. Of the amount appropriated by this title under 
     the heading ``Military Construction, Air National Guard'' and 
     available for planning and design, $1,440,000 shall be 
     available for planning and design for a replacement C-130 
     maintenance hangar at Air National Guard New Castle County 
     Airport, Delaware.

  Mrs. HUTCHISON. I urge its adoption.
  The PRESIDING OFFICER. The question is on agreeing to the amendment.
  The amendment (No. 1859) was agreed to.
  Mrs. HUTCHISON. I move to reconsider the vote.
  Mrs. FEINSTEIN. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 1860

  Mrs. HUTCHISON. I send an amendment to the desk on behalf of Senator 
Boxer and ask for its immediate consideration.
  The PRESIDING OFFICER. The clerk will report the amendment.
  The assistant legislative clerk read as follows:

       The Senator from Texas [Mrs. Hutchison], for Mrs. Boxer, 
     proposes an amendment numbered 1860.

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

   (Purpose: To require a report on housing assistance to low-income 
                               veterans)

       On page 93, between lines 20 and 21, insert the following:

     SEC. 222. REPORT ON HOUSING ASSISTANCE TO LOW-INCOME 
                   VETERANS.

       (a) In General.--The Comptroller General shall conduct a 
     study on housing assistance to low-income veterans, 
     including--
       (1) an estimate of the number of low-income, very low-
     income, and extremely low-income veteran households;
       (2) a description of the demographic and socioeconomic 
     characteristics and health and disability status of such 
     households;
       (3) an estimate of the number of such households 
     experiencing a high cost burden in, overcrowding in, or poor 
     quality of housing, or experiencing homelessness;
       (4) an assessment of such households, including their 
     current barriers to safe, quality, and affordable housing and 
     levels of homelessness among such households;
       (5) the extent to which Federal housing assistance programs 
     provide benefits, including supportive services, to all 
     veteran households and in particular to low-income, very low-
     income, and extremely-low income veteran households;
       (6) the number of units designated for or occupied by 
     veterans and low-income, very low-income, and extremely low-
     income veterans in Federally subsidized or insured housing;
       (7) a summary description of the manner in which veteran 
     compensation, veteran dependency and indemnity compensation, 
     and veteran pension are considered as income or adjusted 
     income for purposes of determining--
       (A) eligibility for Federal housing assistance programs; 
     and
       (B) the amount of rent paid by a veteran household for 
     occupancy of a dwelling unit or housing assisted under 
     Federal housing assistance programs;
       (8) a summary description of the special considerations 
     made for veterans under--
       (A) public housing plans submitted under section 5A of the 
     United States Housing Act of 1937 (42 U.S.C. 1437c-1); and
       (B) comprehensive housing affordability strategies 
     submitted under section 105 of the Cranston-Gonzalez National 
     Affordable Housing Act (42 U.S.C. 12705);
       (9) the extent to which public housing authorities have 
     established preferences for veterans for public housing and 
     housing choice vouchers;
       (10) the number of homeless veterans provided assistance, 
     cumulatively and currently, under the program of housing 
     choice vouchers for homeless veterans under section 8(o)(19) 
     of the United States Housing Act of 1937 (42. U.S.C. 
     1437f(o)(19)), and the current status of the program, 
     including--
       (A) the number of vouchers the Department of Housing and 
     Urban Development currently allocates to the Department of 
     Veterans Affairs;
       (B) the monetary value of such vouchers; and
       (C) the names and locations of VA medical centers receiving 
     such vouchers; and
       (11) a description of activities relating to veterans of 
     the Department of Housing and Urban Development.
       (b) Acquisition of Supporting Information.--In carrying out 
     the study under this section, the Comptroller General shall 
     seek to obtain views from the following persons:
       (1) The Secretary of Housing and Urban Development.
       (2) The Secretary of Veterans Affairs.
       (3) Low-income, very low-income, and extremely low-income 
     veterans.
       (4) Representatives of State and local housing assistance 
     agencies.
       (5) Representatives of nonprofit low-income housing 
     providers and homeless service providers, including homeless 
     veteran service providers.
       (6) National advocacy organizations concerned with 
     veterans, homelessness, and low-income housing.
       (c) Timing of Report.--Not later than 6 months after the 
     date of enactment of this Act, the Comptroller General shall 
     submit to Congress a report on the study conducted under this 
     section.

  Mrs. HUTCHISON. I urge its adoption.
  The PRESIDING OFFICER. The question is on agreeing to the amendment.
  The amendment (No. 1860) was agreed to.
  Mrs. HUTCHISON. I move to reconsider the vote.
  Mrs. FEINSTEIN. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 1861

  Mrs. HUTCHISON. I send an amendment to the desk on behalf of Senator 
Isakson and Senator Chambliss and ask for its immediate consideration.
  The PRESIDING OFFICER. The clerk will report the amendment.
  The assistant legislative clerk read as follows:

       The Senator from Texas [Mrs. Hutchison], for Mr. Isakson 
     and Mr. Chambliss, proposes an amendment numbered 1861.

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

  (Purpose: To provide that, of the amount appropriated by this title 
under the heading ``Military Construction, Army'', $4,550,000 shall be 
  made available for the construction of a military police complex at 
            Fort Gordon, Georgia, and to provide an offset)

       On page 72, between lines 13 and 14, insert the following:
       Sec. 130. (a) Of the amount appropriated by this title 
     under the heading ``Military Construction, Army'', $4,550,000 
     shall be made available for the construction of a military 
     police complex at Fort Gordon, Georgia.
       (b) The amount appropriated by this title under the heading 
     ``Military Construction, Army'' and available for Fort 
     Gillem, Georgia, is hereby decreased by $4,550,000.

  Mrs. HUTCHISON. I urge its adoption.
  The PRESIDING OFFICER. The question is on agreeing to the amendment.
  The amendment (No. 1861) was agreed to.


                           Amendment No. 1862

  Mrs. HUTCHISON. I send an amendment to the desk on behalf of Senator 
Feinstein and ask for its immediate consideration.
  The PRESIDING OFFICER. The clerk will report the amendment.
  The assistant legislative clerk read as follows:

       The Senator from Texas [Mrs. Hutchison], for Mrs. 
     Feinstein, proposes an amendment numbered 1862.

  Mrs. HUTCHISON. I ask unanimous consent that the reading be dispensed 
with.

[[Page 21020]]

  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

(Purpose: To increase by $25,000,000 the amount made available by title 
   I for the Department of Defense Base Closure Account 1990, and to 
                           provide an offset)

       On page 72, between lines 13 and 14, insert the following:
       Sec. 130. (a) The amount appropriated by this title under 
     the heading ``Department of Defense Base Closure Account 
     1990'' is hereby increased by $25,000,000.
       (b) The amount appropriated by this title under the heading 
     ``Department of Defense Base Closure Account 2005'' is hereby 
     decreased by $25,000,000.

  Mrs. HUTCHISON. I urge its adoption.
  The PRESIDING OFFICER. The question is on agreeing to the amendment.
  The amendment (No. 1862) was agreed to.
  Mrs. HUTCHISON. I move to reconsider the vote.
  Mrs. FEINSTEIN. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 1863

  Mrs. HUTCHISON. I send an amendment to the desk on behalf of Senator 
Feingold and ask for its immediate consideration.
  The PRESIDING OFFICER. The clerk will report.
  The assistant legislative clerk read as follows:

       The Senator from Texas [Mrs. Hutchison], for Mr. Feingold, 
     proposes an amendment numbered 1863.

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

  (Purpose: To require the Secretary of Veterans Affairs to report to 
Congress on a plan to provide veterans benefits handbooks to all county 
                       veterans service officers)

       On page 93, between lines 20 and 21, insert the following:
       Sec. 222. (a) Not later than 60 days after the date of 
     enactment of this Act, the Secretary of Veterans Affairs, 
     after consultation with the National Association of County 
     Veterans Service Officers, other veterans service 
     organizations, and State Departments of Veterans Affairs 
     shall submit a report to the committee on Appropriation of 
     the Senate that describes a plan (including estimated costs) 
     to provide an adequate supply of the 2006 edition of handbook 
     entitled, Federal Benefits for Veterans and Dependents, and 
     all subsequent editions, to all county veterans service 
     officers in the United States.

  Mrs. HUTCHISON. I urge its adoption.
  The PRESIDING OFFICER. The question is on agreeing to the amendment.
  The amendment (No. 1863) was agreed to.
  Mrs. HUTCHISON. I move to reconsider the vote.
  Mrs. FEINSTEIN. I move to lay that motion on the table.


                           Amendment No. 1864

  Mrs. HUTCHISON. I send an amendment to the desk on behalf of Senator 
Durbin and ask for its consideration.
  The PRESIDING OFFICER. The clerk will report the amendment.
  The assistant legislative clerk read as follows:

       The Senator from Texas [Mr. Hutchison], for Mr. Durbin, 
     proposes an amendment numbered 1864.

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

  (Purpose: To place conditions on the use of appropriated funds for 
  reviewing or revoking approved disability claims for post-traumatic 
stress disorder and to prohibit the Secretary of Veterans Affairs from 
    using Federal funds for certain investigations until after the 
   submission of a detailed implementation plan to the Committee on 
                            Appropriations)

       On page 93, between lines 20 and 21, insert the following:
       Sec. 222. None of the funds made available in this Act or 
     any other Act may be used--
       (1) to revoke or reduce a veteran's disability compensation 
     for post-traumatic stress disorder based on a finding that 
     the Department of Veterans Affairs failed to collect 
     justifying documentation unless such failure was the direct 
     result of fraud by the applicant; or
       (2) for the implementation of Recommendation 3 of VA 
     Inspector General Report No. 05-00765-137 or any related 
     review and investigation of post-traumatic stress disorder 
     unemployability and 100 schedular percent ratings cases, 
     until the Department of Veterans Affairs reports to the 
     Committee on Appropriations on its plan for implementing this 
     recommendation, and outlines the staffing and funding 
     requirements.

  Mrs. HUTCHISON. I urge its adoption.
  The PRESIDING OFFICER. The question is on agreeing to the amendment.
  The amendment (No. 1864) was agreed to.
  Mrs. HUTCHISON. I move to reconsider the vote.
  Mrs. FEINSTEIN. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                           Amendment No. 1865

  Mrs. HUTCHISON. I send an amendment to the desk on behalf of Senator 
Durbin and Senator Murray and ask for its immediate consideration.
  The PRESIDING OFFICER. The clerk will report the amendment.
  The assistant legislative clerk read as follows:

       The Senator from Texas [Mrs. Hutchison], for Mr. Durbin and 
     Mrs. Murray, proposes an amendment numbered 1865.

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

 (Purpose: To instruct the Department of Veterans Affairs to conduct a 
         veterans disability compensation information campaign)

       On page 81, line 2, insert ``The VA shall conduct an 
     information campaign in States with an average annual 
     disability compensation payment of less than $7,300 
     (according to the report issued by the Department of Veterans 
     Affairs Office of Inspector General on May 19, 2005), to 
     inform all veterans receiving disability compensation, by 
     direct mail, of the history of below average disability 
     compensation payments to veterans in such States, and to 
     provide all veterans in each such State, through broadcast or 
     print advertising, with the aforementioned historical 
     information and instructions for submitting new claims and 
     requesting review of past disability claims and ratings: 
     Provided further,'' after ``Provided,''.

  Mrs. HUTCHISON. I urge its adoption.
  The PRESIDING OFFICER. The question is on agreeing to the amendment.
  The amendment (No. 1865) was agreed to.
  Mrs. HUTCHISON. I move to reconsider the vote.
  Mrs. FEINSTEIN. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mrs. HUTCHISON. 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.


                           Amendment No. 1866

  Mrs. HUTCHISON. I send an amendment to the desk on behalf of Senator 
Jeffords and ask for its consideration.
  The PRESIDING OFFICER. The clerk will report the amendment.
  The assistant legislative clerk read as follows:

       The Senator from Texas [Mrs. Hutchison], for Mr. Jeffords, 
     proposes an amendment numbered 1866.

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

(Purpose: To provide clinical training and protocols to meet the mental 
           health care needs of servicemembers and veterans)

       On page 93, between lines 20 and 21, insert the following:

     SEC. 222. CLINICAL TRAINING AND PROTOCOLS.

       (a) Findings.--Congress finds that--
       (1) the Iraq War Clinician Guide has tremendous value; and
       (2) the Secretary of Defense and the National Center on 
     Post Traumatic Stress Disorder should continue to work 
     together to

[[Page 21021]]

     ensure that the mental health care needs of servicemembers 
     and veterans are met.
       (b) Collaboration.--The National Center on Post Traumatic 
     Stress Disorder shall collaborate with the Secretary of 
     Defense--
       (1) to enhance the clinical skills of military clinicians 
     through training, treatment protocols, web-based 
     interventions, and the development of evidence-based 
     interventions; and
       (2) to promote pre-deployment resilience and post-
     deployment readjustment among servicemembers serving in 
     Operation Iraqi Freedom and Operation Enduring Freedom.
       (c) Training.--The National Center on Post Traumatic Stress 
     Disorder shall work with the Secretary of Defense to ensure 
     that clinicians in the Department of Defense are provided 
     with the training and protocols developed pursuant to 
     subsection (b)(1).

  Mrs. HUTCHISON. I urge its adoption.
  The PRESIDING OFFICER. The question is on agreeing to the amendment.
  The amendment (No. 1866) was agreed to.
  Mrs. HUTCHISON. I move to reconsider the vote.
  Mrs. FEINSTEIN. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mrs. HUTCHISON. I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mrs. HUTCHISON. Mr. President, I ask unanimous consent the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mrs. HUTCHISON. Mr. President, I ask unanimous consent that Senator 
Salazar be added as the original cosponsor of the Feingold amendment 
that was just passed by consent.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                           Amendment No. 1865

  Mr. DURBIN. Mr. President, I am pleased to offer with Senator Obama 
this amendment to the Veterans appropriation bill. Our amendment will 
inform America's most under-compensated disabled veterans about how 
they may have their claims reviewed.
  Americans have a fundamental dedication to fairness. No matter what a 
person's background, class, religion, race or other difference, 
everyone deserves to be treated equally under the law.
  When we hear about unequal treatment, our basic sense of justice as 
Americans is shocked. We are perhaps doubly shocked when we hear of 
unequal treatment of disabled veterans.
  We would expect that disabled veterans will receive differing levels 
of disability compensation based on the degree and type of their 
disability, but we do not expect to see the average amount paid to 
disabled veterans to vary greatly from State to State.
  Unfortunately, the truth is that the average amount paid to disabled 
veterans across this country varies widely.
  The May 19, 2005 Review of State Variances in VA Disability 
Compensation Payments released by the Department of Veterans Affairs 
Office of Inspector General confirms media reports that ``variances in 
annual disability compensation by State have existed for decades.'' The 
average annual disability compensation payment in the highest State is 
$12,004 per year. In the lowest State it is only $6,961.
  The State with the lowest average compensation is my own state of 
Illinois.
  The report from the Inspector General of the Department of Veterans 
Affairs acknowledges that, in addition to demographic factors, 
inconsistency in VA rating decisions is one of the major causes of this 
disparity. A major reason for inconsistent decisions is the shortage of 
rating specialists in the VA offices reviewing the claims. The review's 
survey of VA rating specialists revealed that most of them do not 
believe the regional offices have sufficient rating staff.
  On May 20, the day after the release of the report, Senator Obama and 
I hosted a Veterans Town Hall Meeting in Chicago. We invited the 
Secretary of Veterans Affairs to join us so that he could help explain 
to the veterans of our State how they had been so short-changed and so 
under-compensated for so long and--more importantly what he was going 
to do about it.
  To the Secretary's credit he stepped up to the plate. He promised a 
special operation to review new claims as well as old ones and he 
committed to providing the additional staff to get this done.
  These are steps in the right direction which might help correct a 
decades-long history of unequal treatment; a decades-long pattern of 
under-compensated veterans; a decades-long injustice.
  Unfortunately, veterans can't ask for what they don't know about.
  The purpose of our amendment is to set aside some funds which will 
allow the VA to conduct an information campaign to inform veterans of 
this past history of unequal treatment and under-compensation and to 
notify them of how they can have their case reviewed for possible 
correction.
  The Secretary of Veterans Affairs made a commitment to making the 
situation right.
  Here is what the Secretary said:

       We are committed to doing what is right for our veterans. 
     If that entails that we have to set up a special operation 
     here in Illinois to review your claims or to look at new 
     claims that you as an eligible veteran want to make, we will 
     do that. We want each of you to feel that you have been 
     treated fairly and equitably by your VA, because you deserve 
     that.
       The past is past, but as I have been charged by both of 
     these Senators, the future is now, and we are going to make a 
     special effort to see if we can have you feel sure that you 
     have been treated fairly and equitably by the VA so that you 
     will have a chance if you so choose to have a review of that, 
     or you can bring the new information to us, and we will make 
     every effort to see that that is reviewed, and reviewed 
     fairly and equitably for you.

  Later at that meeting, the Secretary promised to provide the staff to 
get this done. He said:

       . . . If we need more people here, we're going to get them. 
     And as I said when I spoke earlier, it looks like we could 
     make a special effort for you to come in and have a review or 
     come in with a new claim, and we're going to have people 
     there to process it and do it just as timely as we can.

  Recently, those additional disability rating specialists arrived to 
augment the existing staff at the Chicago regional office so that 
claims can be reviewed more thoroughly and more quickly.
  Now the final step is for the VA to inform veterans that, while they 
have indeed been under-compensated and short-changed for decades, help 
is now available to them.
  The amendment which we have offered requires the Department of 
Veterans Affairs to conduct an information campaign in those States 
where the average annual disability compensation payment made to 
veterans is less than $7,300. According to the Inspector General's 
report of May 19, 2005, there were six ``low cluster'' States below 
this level of average disability payment. Those States were Illinois, 
New Jersey, Ohio, Connecticut, Michigan and Indiana. The intent of this 
measure is to inform veterans of the past history of below-average 
disability compensation payments in these States. It is also intended 
to provide these veterans with information on how to request a review 
of past claims and ratings and how to submit new claims as the 
Secretary has promised. The campaign would include mailed notifications 
to all veterans in these States who are currently receiving disability 
compensation. The amendment also requires the Department to disseminate 
this information through broadcast and print advertisements in order to 
educate any veterans whose past claims may have been improperly denied.
  The deliberate sharing of this information with our most under-
compensated disabled veterans will help provide them with an 
opportunity to have their case reviewed and perhaps at long last to 
receive the compensation to which they are entitled.
  I yield the floor


                     Amendments Nos. 1867 and 1868

  Mr. SALAZAR. Mr. President, I rise to discuss two amendments to the 
Military Construction and Veterans Affairs appropriations bill.

[[Page 21022]]

  My first amendment No. 1867, is an attempt to avoid the budget fiasco 
we faced earlier this year.
  We are working on an appropriations bill for a Department of Veterans 
Affairs that is under a cloud. The VA is under a cloud because earlier 
this year, it announced a $1.27 billion budget deficit.
  This news came as a surprise to millions of veterans across the 
country and was completely unexpected by Members of Congress.
  In fact, the news of this gigantic shortfall came, not from an 
official announcement, but by accident, during a routine budget meeting 
with congressional staffers. This was a billion-dollar blindside that 
never should have happened, and that should never happen again.
  I commend Senators Kay Bailey Hutchison and Diane Feinstein as well 
as Senators Craig and Akaka for their leadership in speeding additional 
funding to fill the gap this year.
  I also commend them for their great work in this appropriations bill 
and in their subcommittee report to make sure that this kind of budget 
fiasco does not happen again.
  Specifically the requirement in this bill that VA make quarterly 
budget reports to Congress makes good sense.
  My amendment would build on that obligation and require the VA to 
notify Congress immediately, if at any point in the year, they discover 
that the Department may face a budget shortfall totaling 2 percent or 
more of the VA's discretionary budget. It also would require VA to come 
up with a plan to improve its actuarial and long-term budget planning.
  This amendment just makes common sense. Throughout the year, the VA 
is constantly receiving new data on enrollment, utilization, and 
medical costs.
  The VA knew for some time that it faced higher than expected 
enrollment of returning Iraq veterans. The VA was shifting money 
between administrative accounts to cover the gap well before they let 
Congressional appropriators and authorizers know. The earlier that 
Congress finds out about a problem, the more we can be partners in 
finding a solution.
  Senators Akaka, Durbin, and I have asked GAO to investigate the VA's 
budget and actuarial process. My first amendment also would require the 
VA to do its own internal review and come up with a plan to improve the 
budget process to compliment this investigation.
  My second amendment, No. 1868, would address a problem that was 
brought to my attention during a field hearing I held in Colorado on 
rural veterans issues in August.
  Veterans in rural areas are in poorer health than their urban 
counterparts. A 2004 study found that rural veterans scored worse than 
urban veterans both in overall health and mental health. Because of the 
distance and difficulties in obtaining care, many rural veterans put 
off preventive as well as necessary treatment, which results in poorer 
health and ultimately increased health costs.
  Almost every Senator in this body has heard similar stories, but I 
will tell one. Veterans in northwestern Colorado who have to drive as 
many as 360 miles round trip through winding mountain roads to reach 
the VA Medical Center in Grand Junction. This is a grueling trip that 
takes an economic and physical toll on our veterans and leads many to 
not seek care.
  Community-based outpatient clinics can be the most cost-effective way 
to reach veterans and ensure they get the ongoing primary healthcare 
they need to stay healthy, and ward off expensive complications that 
come from lack of early treatment.
  Despite this, the VA's prioritization methodology used to identify 
new clinic locations hurts rural veterans disproportionately.
  Because of its emphasis on reaching the largest number of veterans in 
a cost-effective way, the VA's clinic planning process is geared to 
urban and suburban areas, where there are the largest numbers of 
veterans.
  The Capital Asset Realignment for Enhanced Services, CARES, 
Commission asked VA to address this issue, and the VA has taken some 
important steps forward. However, at my hearing, VA officials told me 
that current policies still heavily favor urban areas, and were 
precluding the building of additional rural clinics.
  In too many rural corners of this country, there are isolated pockets 
of veterans who do not have enough access to VA care. I believe that we 
need additional outpatient clinics in rural America. For too long, 
tight budgets and bad priorities have slowed the building of new 
clinics across the country. My amendment would take a small step to 
giving the VA the authority to expand access to health care in rural 
areas.
  I yield the floor.


                           Amendment No. 1867

  Mrs. HUTCHISON. Mr. President, I send an amendment to the desk on 
behalf of Senator Salazar and ask for its immediate consideration.
  The PRESIDING OFFICER. The clerk will report the amendment.
  The legislative clerk read as follows:

       The Senator from Texas [Mrs. Hutchison], for Mr. Salazar, 
     proposes an amendment numbered 1867.

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

  (Purpose: To require a report on any Department of Veterans Affairs 
 budget shortfall totaling 2 percent or more of the Department's total 
            discretionary funding budget for a fiscal year)

       On page 93, between lines 20 and 21, insert the following:
       Sec. 222. (a) The Secretary of Veterans Affairs shall 
     immediately submit to the Committees on Veterans' Affairs and 
     Appropriations of the Senate and the House of Representatives 
     a report on any Department of Veterans Affairs budget 
     shortfall totaling 2 percent or more of the Department's 
     total discretionary funding budget for a fiscal year.
       (b) The Secretary of Veterans Affairs shall, not later than 
     180 days after the date of the enactment of this Act, submit 
     to the Committees on Veterans' Affairs and Appropriations of 
     the Senate and the House of Representatives a comprehensive 
     plan to improve long-term budget planning and actuarial 
     forecasting at the Department of Veterans Affairs.

  Mrs. HUTCHISON. I urge its adoption.
  The PRESIDING OFFICER. The question is on agreeing to the amendment.
  The amendment (No. 1867) was agreed to.
  Mrs. HUTCHISON. Mr. President, I move to reconsider the vote.
  Mrs. FEINSTEIN. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mrs. HUTCHISON. I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. CRAIG. Mr. President, I ask unanimous consent the order for the 
quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.


                           Amendment No. 1868

  Mr. CRAIG. Mr. President, I send to the desk an amendment numbered 
1868 on behalf of Senator Salazar. I ask for its immediate 
consideration.
  The PRESIDING OFFICER. Without objection, the pending amendment is 
set aside. The clerk will report the amendment.
  The legislative clerk read as follows:

       The Senator from Idaho [Mr. Craig], for Mr. Salazar, 
     proposes an amendment numbered 1868.

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

                  (Purpose: To assist rural veterans)

       On page 93, between lines 20 and 21, insert the following:
       Sec. 222. (a) In conducting advanced planning activities 
     under this Act, the Secretary of Veterans Affairs shall 
     reevaluate Veterans Health Administration Handbook 1006.1 and 
     other guidance and procedures related to planning, 
     activating, staffing, and maintaining community-based 
     outpatient clinics.

[[Page 21023]]

       (b) In conducting such planning, the Secretary shall--
       (1) revise as appropriate existing policies to make them 
     less disadvantageous to rural veterans; and
       (2) reexamine criteria used in planning, activating, 
     staffing, and maintaining such clinics, including geographic 
     access, number of Priority 1-6 veterans, market penetration, 
     cost effectiveness, and distance to parent facilities, to 
     determine whether such criteria are weighted in a manner that 
     negatively affects rural veterans.

  The PRESIDING OFFICER. Is there further debate? The question is on 
agreeing to the amendment.
  The amendment (No. 1868) was agreed to.
  Mrs. FEINSTEIN. Mr. President, I move to reconsider the vote.
  Mr. CRAIG. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  Mr. CRAIG. Mr. President, I ask unanimous consent that at 3:10 today, 
the Senate proceed to a vote on or in relation to Akaka amendment No. 
1852, with no amendments in order to the amendment prior to that vote; 
provided further that no other amendments be in order to the bill and 
that following disposition of the Akaka amendment, H.R. 2528 be read 
for a third time and the Senate proceed to a vote on passage with no 
intervening action or debate; provided further that following the vote 
the Senate insist on its amendments, request a conference with the 
House, and the Chair be authorized to appoint conferees on the part of 
the Senate.
  I finally ask unanimous consent that there be 2 minutes equally 
divided for debate prior to passage.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. CRAIG. Mr. President, Senator Akaka is en route to the floor to 
make some final comments on his amendment prior to the vote. With that 
in mind, and that vote occurring at 3:10, I will take 5 minutes or less 
to debate in opposition to the Akaka amendment. I do this with great 
difficulty because the Senator is proposing additional funding in an 
area that we have already concentrated on, both in the appropriating 
subcommittee and in the authorizing committee. He is asking for an 
additional $10 million in the budget for the Veterans Readjustment 
Counseling Service. This would represent a $14 million increase for the 
service just this year and that is an increase of almost 15 percent in 
its budget.
  I agree the Veterans Readjustment Counseling Service does great work. 
They have taken on some additional roles, including the Global War on 
Terrorism Outreach Program, but this bill already provides a generous 
$4 million increase for this function and more broadly provides over $3 
billion for veterans health care programs.
  I understand the Senator from Hawaii would like to focus some 
attention on this program with his amendment, but I would say to my 
colleagues that I believe the administration and the Senate Veterans 
Affairs' Committee, which I chair, has already focused the necessary 
needed additional attention on mental health and the counseling needed 
for our returning service members. We have also dialoged very directly 
with the Veterans' Administration and at this time they feel they are 
adequately funded.
  The bill I sponsored, S. 1182, which was just reported to the floor 
from the Veterans' Committee, contains numerous provisions to increase 
and provide access to mental health and counseling services. VA could 
hire marriage and family therapists as well as licensed medical health 
care counselors.
  Further, VA is directed to work on improving access to telehealth 
initiatives in our Vet Center Program, which VA has expressed a desire 
to do.
  Finally, I oppose the amendment because it would further reduce VA's 
information technology budget, which I think is critical. VA has made 
tremendous strides in improving its IT programs. It has made some 
errors, but clearly the benefits are outweighing the mistakes, in my 
opinion, in most instances.
  This bill places conditions on VA's access to its IT money to ensure 
it is well spent and properly managed. But at the end of the day, they 
must continue to move forward and make needed improvements to their IT 
program, and the money in this bill is critical to making sure they do 
that.
  It is for all of these reasons, regretfully, that I stand to oppose 
Senator Akaka's amendment. As I said, we are putting substantially more 
money into counseling and veterans readjustment counseling services.
  We understand from where the Senator speaks. We appreciate it. 
Clearly, he and I and all of us who look more closely at veterans 
programs recognize the need for counseling for many of our veterans 
when they return. It is a high priority of this chairman; it is a high 
priority of the ranking member. It is my opinion that with the 
additional $3.2 billion--new dollars--in the veterans budget which this 
represents, with the add-ons which we put in Interior and a variety of 
other appropriations, we have adequately funded necessarily and 
appropriately the services the Senator would wish to provide additional 
moneys for, taking them from critical areas but still remaining very 
important.
  I see the Senator is on the floor to speak to his amendment. I yield 
the floor.
  The PRESIDING OFFICER (Mr. Coleman). The Senator from Hawaii.
  Mr. AKAKA. Mr. President, I will speak on this amendment. I tell our 
colleagues Senator Craig and I work very well together, and we will 
still work well together with the Veterans' Administration.
  My amendment is to meet the needs that are there now. This amendment 
takes $10 million from VA information technology--specifically from a 
troubled Health-E-Vet Migration Program. So this is an offset to the 
$10 million.
  IT is critically important. We know that. As ranking member of the 
Committee on Veterans' Affairs, I am quite familiar with VA's 
electronic medical record. VA is making use of the best technology out 
there. We saw how good the electronic medical record was following 
Hurricane Katrina when VA providers were able to access medical records 
of evacuees. This amendment would not impinge upon that critical 
program. I am also quite familiar with a failed computer program called 
CORE-F.L.S., which was abandoned after its failure at Big Pines VA 
Medical Center in Florida. To be sure, this $300 million contract 
failed because of lax project management.
  I want to make perfectly sure that the Health-E-Vet is on the right 
track. As recently as February of this year, VA hired Carnegie Mellon 
to assess this Health-E-Vet Program. Carnegie Mellon found that VA did 
not ``have the needed staff or procedures for a large-scale system 
integration project.''
  In the meantime, PTSD and mental health needs of returning soldiers 
are absolutely critical. Vet centers are most likely the VA entity 
which will be first accessed by a returning soldier. History tells us 
that returning soldiers are more likely to seek treatment at a 
storefront vet center rather than a VA hospital or clinic.
  I also remind my colleagues that if we reach returning soldiers with 
less serious readjustment issues, we might be able to stave off the 
more debilitating PTSD. This is a simple choice that we make at this 
time.
  I thank my chairman for his comments.
  Mr. President, I ask unanimous consent to add Senator Jeffords and 
Senator Kerry as cosponsors of my amendment.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. AKAKA. Thank you very much. I yield the floor.
  Mr. FEINGOLD. Mr. President, the amendment that I am offering today 
will help to ensure that our veterans have easy access to information 
about the benefits that they have earned through their service to our 
country.
  Each year, the Department of Veterans Affairs publishes an updated 
version of a handbook entitled, ``Federal Benefits for Veterans and 
Dependents,'' which contains useful information about benefits that are 
available through the VA. I have heard from a

[[Page 21024]]

number of Wisconsinites who are concerned that this useful handbook is 
not readily available to our veterans and to County Veterans Service 
Officers, CVSOs, and others who assist our veterans.
  It is my understanding that the Department purchases a limited number 
of copies of this handbook each year that some are distributed to VA 
regional offices, to VA health care facilities, and to State 
Departments of Veterans Affairs. Some of my constituents are concerned 
that some facilities appear to have large stockpiles of this handbook, 
while others only receive a very limited number. I am also told that 
distribution of the handbook is largely left up to regional and local 
VA officials.
  A number of Wisconsin CVSOs have informed me that they are having 
trouble obtaining adequate supplies of this handbook, and that they 
often have to rely on VA health care facilities or other sources to 
obtain additional copies. While I recognize that the handbook is 
available for download on the Department's Web site and for purchase 
through the Government Printing Office, GPO, many CVSOs and veterans 
service organizations do not have the resources to copy or purchase 
this handbook in large quantities. In addition, many veterans, 
particularly older veterans, do not have access to--or are unable to 
use--the Internet and it seems unreasonable to charge them $7 to 
purchase the handbook from GPO.
  Veterans who want a copy of this handbook should get one--it's that 
simple. This handbook serves as a tangible reminder of the benefits 
they earned, and it also serves as a helpful guide for CVSOs, veterans 
service organizations, and others who work every day to ensure that our 
veterans receive these benefits. One Wisconsin CVSO tells me that this 
handbook is very valuable in his work with veterans, some of whom have 
told him that they have difficulty navigating the VA Web site or easily 
finding information in the online copy of the handbook. Being able to 
point a veteran to a specific page in the handbook is an important step 
in helping veterans to learn about their benefits or to find the 
answers to many common questions that veterans may have about these 
benefits.
  Last year, in response to the concerns raised by my constituents, I 
asked former Secretary Principi to review the Department's policy for 
distributing this important handbook, including ensuring that CVSOs 
have access to this document. I also asked that he look into how to 
reallocate the supply to avoid a situation in which certain parts of 
the VA have surpluses while others are scrambling to get these 
handbooks to veterans who are requesting them. I also asked that he 
provide an estimate of how much it would cost to ensure that all CVSOs 
in the country are provided at least one case of the handbook each year 
and whether the Department's current annual supply of handbooks could 
be reallocated to achieve this goal. Finally, I requested that the 
Secretary provide me with information on the distribution policies of 
the various VA administrations with respect to providing copies of this 
handbook to individual veterans, including a description of the VA's 
policy regarding making these handbooks visibly available to individual 
veterans at VA facilities.
  In the former Secretary's response, he assured me that ``. . . due to 
the increased outreach efforts initiated this past year, as well as the 
requests for additional handbooks from external veterans service 
providers, I am directing my senior leadership to reevaluate their 
requirements for publication and distribution of the 2005 handbook. 
Please be assured that county veterans service officers across the 
nation are included in next year's distribution.'' While I was 
encouraged by the former Secretary's response, CVSOs around Wisconsin 
tell me that they received only one or two copies of the 2006 edition 
of the handbook. This meager supply is not sufficient to use the 
handbook as a reference and to provide copies to veterans who request 
them.
  The amendment that I am offering today would require the Secretary of 
Veterans Affairs to submit to the Senate and House Appropriations 
Committees a plan to provide an adequate supply of the 2006 edition of 
the ``Federal Benefits for Veterans and Dependents'' handbook and all 
subsequent editions of this handbook to all county veterans service 
officers in the country.
  My amendment would also require the Secretary to work with the 
National Association of County Veterans Service Officers, other 
veterans service organizations, and state departments of veterans 
affairs to determine what supply is adequate and to include a cost 
estimate for providing these handbooks to all county veterans service 
officers in his report. The report would be due not later than 60 days 
after the enactment of this bill.
  Some at the VA have argued that this important handbook was developed 
as a desk reference for VA employees, CVSOs, veterans service 
organizations, and others who help veterans to learn about and obtain 
their benefits. Former Secretary Principi's letter to me states that in 
2003 ``. . . more than 1.4 million copies of the handbook were printed 
and distributed through the VA system. VA facilities, in turn, 
distributed handbooks to local veterans support agencies and 
organizations, responded to requests for the handbooks and used them as 
special events such as homeless veterans stand downs, veterans 
conferences, health fairs, and job fairs.'' While this handbook is 
indeed a helpful reference for those who work on behalf of our Nation's 
veterans, it is also a comprehensive and handy guide to veterans 
benefits that many veterans around my State have requested from their 
CVSOs. And it is evident from the former Secretary's response that the 
VA itself has made this publication available to individual veterans at 
a variety of events. No CVSO should have to refuse a veteran a copy of 
this booklet because he or she has been given an inadequate supply. No 
CVSO should have to tell a veteran that he or she does not have the 
budget to make the veteran a photocopy of the handbook or that he or 
she can gain access to it on the Internet or by purchasing it from GPO.
  I am pleased that this amendment has the support of the Wisconsin 
Association of County Veterans Service Officers and the Wisconsin 
Department of the American Legion.
  I understand that the managers have agreed to accept my amendment, 
and I want to thank them for their support on this issue. I look 
forward to reviewing the Secretary's report.
  Mr. OBAMA. Mr. President, I rise today to support this important 
piece of legislation. As many of you know, the young soldiers returning 
from Iraq and Afghanistan are already coming home with post traumatic 
stress disorder. A recent Army study found that one in six soldiers in 
Iraq reported symptoms of major depression. Some experts predict that 
more than 100,000 soldiers may need some kind of mental health 
treatment when they come home.
  It is not only our patriotic duty to provide these soldiers with the 
benefits they deserve; it is our moral duty at the most fundamental 
level. Unfortunately, PTSD is a disease that is still all too often 
misunderstood, and as I speak, there are efforts at the VA to require 
those folks who suffer PTSD to undergo additional scrutiny in the 
disability benefits process.
  According to VA, it will review 72,000 cases in which the maximum 
amount of PTSD disability benefits was awarded. The rationale for 
reviewing these cases is VA's belief that 2.5 percent of these cases 
are ``potentially fraudulent.'' But notably, this review will entirely 
ignore cases in which benefits may have been unjustly denied.
  This review sends a troubling message to the brave men and women who 
defended this country. Too many veterans see the VA as a bureaucracy 
with the singular goal of denying services and benefits to veterans. 
This decision to reopen only approved PTSD claims merely serves to 
promote that impression.
  It is unconscionable for our Government to put the onus on law-
abiding veterans to affirmatively demonstrate that they are not 
engaging in fraud. The process of gathering evidence to

[[Page 21025]]

prove PTSD disability is extremely time consuming. It requires the 
compilation of medical records, military service records, and testimony 
from other veterans who can attest to a person's combat exposure. I 
cannot fathom why the VA would require veterans to go through this 
emotionally painful process for a second time.
  The VA--and our Nation's veterans--would be better served by creating 
nationwide standards for evaluating PTSD claims. As underscored by the 
inspector general's report in May that evaluated the chronic disparity 
between benefits received by veterans in Illinois and veterans in the 
rest of the country, PTSD is a highly subjective evaluation subject to 
significant variation. That same report uncovered significant variation 
in PTSD ratings from State to State--with Illinois consistently in the 
bottom rung for those ratings. The variation in PTSD ratings across the 
country may very well be the result of a lack of training or 
standardized practices on the part of the VA, not fraud on the part of 
our Nation's veterans.
  I am pleased that Chairman Hutchison and Ranking Member Feinstein 
worked with me and Senators Durbin and Murray to include an amendment 
that prohibits the VA from proceeding with its review unless and until 
the VA reports to the Appropriations Committee on its plan for 
implementing this recommendation and outlines the staffing and funding 
requirements.
  While this is an important provision, I am disappointed that there 
was no requirement that the VA look at denials of benefits as well as 
grants. To get an accurate and fair depiction of PTSD claims in this 
country, we need to ensure that denials are reviewed as well as grants 
of benefits. I will continue to work with my colleagues to see that 
this fundamental issue of fairness is addressed.
  I also want to thank Chairman Hutchison and Ranking Member Feinstein 
for their assistance in accepting an amendment to provide notice to 
veterans in certain States about their right to seek a review of their 
cases.
  This provision addresses an important issue in Illinois. As some of 
you may know, Illinois has for more than two decades ranked 50th out of 
all 50 States in terms of disability benefit compensation. This 
staggering disparity in payments may well be the result of poor 
staffing and a lack of standards for disability payments across the 
Nation.
  I have been pleased that Secretary Nicholson has agreed to provide 
the veterans of Illinois with extra disability raters so that the 
veterans in Illinois who may have been unjustly denied benefits will 
have the opportunity to seek a special review of their cases.
  Unfortunately, up to now, there has been no special effort made to 
alert veterans to this special opportunity. This amendment will provide 
the funds for information campaigns in states with less than average 
disability compensation rates. These campaigns will alert veterans of 
the past history of below-average disability benefit rates and provide 
these veterans with information on how to request a review of any past 
claims. The hiring of additional disability raters is important, but it 
is meaningless unless veterans know of their right to get their cases 
reopened.
  I thank my colleagues for their assistance with these amendments.
  Mrs. FEINSTEIN. Mr. President, I propose that for the moment we set 
aside the Akaka amendment, that Senator Craig and I make our 2-minute 
ending comments, and we then have the vote on the Akaka amendment, and 
then final passage so there are consecutive votes.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mrs. FEINSTEIN. Thank you, Mr. President.
  Mr. President, this bill is notable in several regards:
  First, under the leadership of Senator Akaka and Senator Byrd, we 
were able to provide $1.977 billion in emergency funding in this bill 
to address the projected shortfall in veterans health care funding for 
2006.
  This is in addition to the $1.5 billion in the 2005 supplemental 
funding we were able to add to the 2006 Interior appropriations bill to 
make up the current shortfall in veterans health care. The bill before 
the Senate now totals $82.98 billion, of which $44 billion is 
discretionary spending.
  For military construction, the bill equals the budget request of 
$12.116 billion. Although we have rearranged some of the funding within 
that request for the VA, the total amount appropriated in this bill is 
$70.7 billion, including $34.1 billion in discretionary and $36.6 
billion in mandatory spending. This is $3.2 billion above the 
President's original budget request.
  I commend and thank the chairman of the committee, Senator Hutchison 
of Texas. We have worked very well together in producing a very good 
bill. I am delighted we were able to finish it with quick speed.
  I thank the staff on both sides. We have great professional staff. 
They have done a fine job.
  I would like to turn it over to the chairman of the committee, my 
friend, Senator Hutchison.
  The PRESIDING OFFICER. The Senator from Texas.
  Mrs. HUTCHISON. Thank you, Mr. President.
  I certainly appreciate the comments of my ranking member, Senator 
Feinstein, with whom I have worked very closely on this bill. We have 
tried to accommodate every Member to the best of our ability with the 
priorities that many Members are concerned about--certain areas of the 
Veterans' Administration particularly. I think we have addressed those 
concerns in a responsible way.
  I think it is very important to pass this bill because we have stayed 
within our budget allocation. We will be coming in later, I am sure, 
with some supplemental health for veterans facilities that have been in 
the hurricane-affected areas of our country, but I hope we will be able 
to defeat the Akaka amendment, which would skew the cap on the bill, 
and then go to final passage. I think it is a bill everyone can 
support. It certainly goes further in terms of meeting our veterans' 
needs than any veterans bill has ever done, including the supplemental 
$3.2 billion, because the Secretary of Veterans Affairs came to us and 
said our models are wrong, we need more money, and we have supplied 
that money on a bipartisan basis.
  I recommend this to my colleagues.
  Mr. CRAIG. Will my colleague yield?
  Mrs. HUTCHISON. I am happy to yield.
  Mr. CRAIG. I appreciate the chairman yielding.
  Let me say to the chairman and ranking member, as the chairman of the 
authorizing Committee of Veterans' Affairs, how much we appreciate the 
cooperative way in which we have worked together to get these numbers 
right. Both Senators have spoken very clearly to that effort and to the 
unprecedented amount of money that has flowed to veterans at this time, 
which we think is necessary and appropriate.
  I thank the Senator for that due diligence.
  Mrs. HUTCHISON. Mr. President, which amendment is pending?


                       Vote on Amendment No. 1852

  The PRESIDING OFFICER. Time has expired. The question is on agreeing 
to the Akaka amendment.
  Mrs. HUTCHISON. Mr. President, I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There is a sufficient second.
  The question is on agreeing to the amendment. The clerk will call the 
roll.
  The legislative clerk called the roll.
  Mr. McCONNELL. The following Senator was necessarily absent: the 
Senator from Florida (Mr. Martinez).
  Mr. DURBIN. I announce that the Senator from New Jersey (Mr. Corzine) 
is necessarily absent.
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 48, nays 50, as follows:

[[Page 21026]]



                      [Rollcall Vote No. 242 Leg.]

                                YEAS--48

     Akaka
     Baucus
     Bayh
     Biden
     Bingaman
     Boxer
     Byrd
     Cantwell
     Carper
     Chafee
     Clinton
     Collins
     Conrad
     Dayton
     Dodd
     Dorgan
     Durbin
     Feingold
     Feinstein
     Harkin
     Inouye
     Jeffords
     Johnson
     Kennedy
     Kerry
     Kohl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lincoln
     Mikulski
     Murray
     Nelson (FL)
     Nelson (NE)
     Obama
     Pryor
     Reed
     Reid
     Rockefeller
     Salazar
     Sarbanes
     Schumer
     Snowe
     Specter
     Stabenow
     Wyden

                                NAYS--50

     Alexander
     Allard
     Allen
     Bennett
     Bond
     Brownback
     Bunning
     Burns
     Burr
     Chambliss
     Coburn
     Cochran
     Coleman
     Cornyn
     Craig
     Crapo
     DeMint
     DeWine
     Dole
     Domenici
     Ensign
     Enzi
     Frist
     Graham
     Grassley
     Gregg
     Hagel
     Hatch
     Hutchison
     Inhofe
     Isakson
     Kyl
     Lott
     Lugar
     McCain
     McConnell
     Murkowski
     Roberts
     Santorum
     Sessions
     Shelby
     Smith
     Stevens
     Sununu
     Talent
     Thomas
     Thune
     Vitter
     Voinovich
     Warner

                             NOT VOTING--2

     Corzine
     Martinez
       
  The amendment (No. 1852) was rejected.
  Mrs. HUTCHISON. I move to reconsider the vote and to lay that motion 
on the table.
  The motion to lay on the table was agreed to.
  The PRESIDING OFFICER (Mr. Chafee). The majority leader is 
recognized.
  Mr. FRIST. Mr. President, the next vote will be final passage. I 
congratulate Senators Hutchison and Feinstein for expediting the bill 
this afternoon. It took the cooperation of all Members and proves that 
we can move quickly through the appropriations process under the 
leadership of two managers. As we continue that, we go forward. I also 
congratulate Senators Bennett and Kohl for their hard work on the 
Agriculture appropriations bill passed this morning by a vote of 97 to 
2.
  As Members know, the Roberts nomination--again, congratulations to 
the Judiciary Committee--was reported by the Judiciary Committee today. 
We will turn to consideration of that nomination on Monday.
  We will be in session tomorrow. Senators are invited to come to the 
floor tomorrow, if they would like to make any remarks on that 
nomination. We will be voting Monday at about 5:30. That will be the 
next vote.
  The PRESIDING OFFICER. The Democratic leader.
  Mr. REID. Mr. President, Members can come and talk about anything 
they want tomorrow. We will be in a period of morning business.
  Mr. FRIST. We will be in a period of morning business tomorrow. I 
want to accommodate Members on their statements on the Roberts 
nomination or anything else tomorrow. The vote at 5:30 on Monday will 
not be on Roberts.
  The PRESIDING OFFICER. The question is on the engrossment of the 
amendments and third reading of the bill.
  The amendments were ordered to be engrossed, and the bill to be read 
a third time.
  The bill was read the third time.
  The PRESIDING OFFICER. The bill having been read the third time, the 
question is, Shall the bill pass?
  Mr. CRAIG. Mr. President, I ask for the yeas and nays.
  The PRESIDING OFFICER. Is there a sufficient second?
  There is a sufficient second.
  The clerk will call the roll.
  The assistant legislative clerk called the roll.
  Mr. McCONNELL. The following Senator was necessarily absent: the 
Senator from Florida (Mr. Martinez).
  Further, if present and voting, the Senator from Florida (Mr. 
Martinez) would have voted ``yea.''
  Mr. DURBIN. I announce that the Senator from New Jersey (Mr. Corzine) 
is necessarily absent.
  The PRESIDING OFFICER. Are there any other Senators in the Chamber 
desiring to vote?
  The result was announced--yeas 98, nays 0, as follows:

                      [Rollcall Vote No. 243 Leg.]

                                YEAS--98

     Akaka
     Alexander
     Allard
     Allen
     Baucus
     Bayh
     Bennett
     Biden
     Bingaman
     Bond
     Boxer
     Brownback
     Bunning
     Burns
     Burr
     Byrd
     Cantwell
     Carper
     Chafee
     Chambliss
     Clinton
     Coburn
     Cochran
     Coleman
     Collins
     Conrad
     Cornyn
     Craig
     Crapo
     Dayton
     DeMint
     DeWine
     Dodd
     Dole
     Domenici
     Dorgan
     Durbin
     Ensign
     Enzi
     Feingold
     Feinstein
     Frist
     Graham
     Grassley
     Gregg
     Hagel
     Harkin
     Hatch
     Hutchison
     Inhofe
     Inouye
     Isakson
     Jeffords
     Johnson
     Kennedy
     Kerry
     Kohl
     Kyl
     Landrieu
     Lautenberg
     Leahy
     Levin
     Lieberman
     Lincoln
     Lott
     Lugar
     McCain
     McConnell
     Mikulski
     Murkowski
     Murray
     Nelson (FL)
     Nelson (NE)
     Obama
     Pryor
     Reed
     Reid
     Roberts
     Rockefeller
     Salazar
     Santorum
     Sarbanes
     Schumer
     Sessions
     Shelby
     Smith
     Snowe
     Specter
     Stabenow
     Stevens
     Sununu
     Talent
     Thomas
     Thune
     Vitter
     Voinovich
     Warner
     Wyden

                             NOT VOTING--2

     Corzine
     Martinez
       
  The bill (H.R. 2528), as amended, was passed.
  (The bill will be printed in a future edition of the Record.)
  Mrs. HUTCHISON. I move to reconsider the vote, and I move to lay that 
motion on the table.
  The motion to lay on the table was agreed to.
  The PRESIDING OFFICER. Without objection, the title is amended.
  The Senate insists on its amendments and requests a conference with 
the House and the Chair appoints Mrs. Hutchison, Mr. Burns, Mr. Craig, 
Mr. DeWine, Mr. Brownback, Mr. Allard, Mr. McConnell, Mr. Cochran, Mrs. 
Feinstein, Mr. Inouye, Mr. Johnson, Ms. Landrieu, Mr. Byrd, Mrs. 
Murray, and Mr. Leahy conferees on the part of the Senate.

                          ____________________