Mr. Blumenauer: Mr. Chairman, I yield 2 minutes to the gentleman from California (Mr. Farr).
Mr. Farr: Mr. Chairman, I thank the gentleman for yielding. I want to first of all compliment the chairman for adding an additional $50 million.
What every Member of Congress ought to worry about is that we have so many bases that have been closed in the United States that have not been able to finish their cleanup. That means that they can't do economic development. They just sit there with fences around them because they have unexploded ordnances. It is what they call "warm basing" a property. Mayor and city councils and local government folks are furious about this.
There is a $3.5 billion cleanup necessary. What Mr. Blumenauer is saying is, let's just put $50 million more towards that. That will go a long way toward getting those high-priority communities cleaned up.
Frankly, there is no movement that can be taken until this is done, because the only government that can clean up unexploded ordnances is the Federal Government. You can't delegate it out. It can't be a State or local issue.
If you want to do economic development in your States and home communities which have been affected by these numerous base closings over the years, for those of you that have base closures, just the recent base closure, there is a separate account. But the reason we have to put more money into this is, there are only two ways of getting money into there, either from sales of property or from direct appropriations. The sales of property haven't filled up this account. So the only way, if we are going to address the unexploded ordnance cleanup, to amend the bill is to add an additional $50 million. It is urgent for economic development at the local level. It is good government.
Mr. Chairman, I ask for an "aye" vote.
Mr. Blumenauer: May I inquire as to how much time remains.
The Chairman: The gentleman from Oregon has an additional 1½ minutes.
Mr. Edwards: Mr. Chairman, I move to strike the last word.
The Chairman: The gentleman from Texas is recognized for 5 minutes.
Mr. Edwards: Mr. Chairman, I yield to the gentleman from Florida (Mr. Crenshaw), a leader on our Appropriations Subcommittee on Military Construction and Veterans Affairs.
Mr. Crenshaw: Mr. Chairman, I thank the gentleman for yielding.
Mr. Chairman, I want to rise very briefly in opposition. I share the same concern that we all share about these unexploded ordnance sites. The safety of our citizens is important, and I think our subcommittee has recognized that by stating very clearly in very strong language that the Department of Defense should make this a priority, that we should get rid of this unacceptable backlog.
But I don't think we can take money out of the 2005 round of BRAC to solve the problem. That would be like robbing Peter to pay Paul. The 2005 round of BRAC has been put together. There is already some concern that it may not be fully funded, so if we take one penny out of that pot of money and spend it somewhere else, we could upset a very delicate balance.
We have to remember we have made a commitment to our men and women in uniform. For instance, I know in my community, they are building a $129 million hangar to house all the P-3s that will come down from Maine. If there is not enough money to do that, what happens to those planes? They are stranded. What happens to the sailors that are coming? They are stranded.
So while I share everyone's concern in dealing with this backlog, I think it is inappropriate and I think it is wrong to take money which would upset that kind of balance. We have to remember not only do we care about our communities, but we care about our commitment to our men and women in uniform.
Therefore, I would rise in opposition and urge my colleagues to vote "no" on this amendment.
Mr. Edwards: Mr. Chairman, I yield the balance of my time to the gentleman from Oregon (Mr. Blumenauer).
Mr. Blumenauer: Mr. Chairman, I appreciate what my friend from Florida said, and I have no interest in robbing Peter to pay Paul. But let's take it down to a very specific example that you are familiar with in Jacksonville. You had a base closed, Cecil Naval Air Station, in a prior round. Under the current schedule, this facility is not scheduled to be cleaned up until 2026, another 19 years.
Now, you are right, we have put a significant amount of money into the 2005 round of BRAC closures. We put $5 billion in the supplemental. And you have put in this bill which I appreciate, almost $8.2 billion. But where I take modest exception with the gentleman is that you can't spend it. The payout rate is about 10 percent. I am seeking to transfer 2 percent away from areas that you can't spend this year or next year or the year after that.
But I will distribute a list of people who have been waiting in some cases since 1988. They have plans ready to go. They are ready to clean up. If you talk to the companies that are the ordnance contractors, they are ready to go. They will clean this up. But we have got to stop the fits and the starts, where we don't follow through on our commitments.
With all due respect, if I had a facility in the 2005 BRAC cycle, I would like this Congress to start meeting its commitments from 1988 and 1990 and 1992 and 1995, because if we don't, subsequent Congresses are going to play the same game. Because you can't spend this $13 billion, it will be dragged on and dragged out, and it will ultimately be diverted. Then we will be here, or some of you will be here, 10 years from now, and people will be wondering why the 2005 round of BRAC is waiting, like Mather Air Force Base, for 60 years, or why people in El Toro are waiting for 30 years.
With all due respect, I would hope that the subcommittee would build on its good work, but look at the payout rate for the $13 billion you have for 2005, which we estimate maybe will be spent, 10 percent.
Join with me in shifting a modest 2 percent of that money, so that we can keep our commitments to people who have been waiting since 1988, since 1990, 1993 and 1995.
I deeply appreciate the work that the subcommittee has done, and I appreciate Mr. Edwards, you have been encouraging and helping the work that I have done in the past on this with Mr. Farr. And it is important that you put $50 million in above the administrations request but I hope we can work to keep the commitment to the people.
The Chairman: The gentleman's time has expired.
At this point, the gentleman from Texas has 2½ minutes. The gentleman from Oregon has 1½ minutes.
Mr. Edwards: Mr. Chairman, I yield 1 minute to the gentleman from California (Mr. Farr).
Mr. Farr: Mr. Chairman, I want to just reiterate on what Mr. Blumenauer indicated. This isn't a "rob Peter to pay Paul" case. But if you are from the Jefferson Proving Ground, you have been waiting a long time. If you are from Fort Ord, California, where I am from and why I am really interested in this, we closed in the 1992 round, and we are doing massive economic development, and it is foreclosed if you can't get into cleaning up the unexploded ordnance. Fort Meade, Fort McClellan, Savannah Army Depot, the list goes on and on. These are the kinds of projects that are out there, ready to go. Just take the projects off the shelf, fund them and get it done.
I am on this committee and I am very sympathetic. I am very appreciative of what the chairman has done, increasing the account by $50 million. We are going to have an amendment in a minute to cut it, which would be the worst thing we could ever do for all these reasons. Mr. Blumenauer is trying to increase it by $50 million so we could actually have enough money to get some of these projects started. I think it is good government. It is promises made, promises kept, and that is what we ought to do.
Mr. Edwards: Mr. Chairman, I yield back the balance of my time.
Mr. Blumenauer: I think I have 1½ minutes left?
The Chairman: The gentleman is recognized for 1½ minutes.
Mr. Blumenauer: Mr. Chairman, my Republican cosponsor is stuck in traffic, and I wanted Ginny to have a chance to speak on this. Evidently, she is not going to make it.
Mr. Chairman, I do think this is very important in terms of our keeping our commitments. I appreciate the work that the subcommittee is doing in this broad range of areas, but I would hope that you would work with us, because you cannot spend the $13.5 billion. The adoption of this amendment will have no effect on BRAC cleanup for the 2005 round for years to come, if at all.
But failure, failure for Congress to keep our commitments to these legacy BRAC programs, not only does it penalize these people who have been waiting in line for, in some cases, 19 years, but it makes it more likely, frankly, that people who are in the 2005 cycle are going to end up having Congress do to them what pass Congresses have done to the legacy BRAC.
I appreciate the work of the subcommittee, and I look forward to working with you, and echo my friend from California that it would be the worst of all possible worlds if somehow the next amendment, taking money away from these critical bases, was somehow diverted for another use. But I hope that we spare ourselves that problem by adopting the amendment before us.
Ms. Ginny Brown-Waite of Florida: Mr. Chairman, as a Co-Chair of the Unexploded Ordnances Caucus, I strongly support this amendment. Anyone who lives on or near a site containing disposed munitions can attest how unsettling this can be.
In Florida, thousands of my constituents have moved to an area on or adjacent to an old military gunnery. Unfortunately, inspections have found rockets, mortars, and grenades, putting people at substantial risk. In fact, one piece of live ordnance was found less than six inches beneath a child's backyard trampoline.
This is not a problem confined to a few areas--this is a nationwide issue. Across the country, from Representative Earl Blumenauer's district in Oregon, to Brooksville, Florida, many sites face a similar dilemma. Some people are literally sitting on ticking time bombs.
Congress has an opportunity to prevent the worst from happening. Jurisdiction over cleanup at these older sites falls under two major accounts--the Formerly Used Defense Sites account within the Defense Appropriations bill, and the BRAC 1990 account within this legislation. Our amendment would redirect funds from the BRAC 2005 account, which is set to see a large increase over its previous year funding, to cleanup efforts at these older sites, where people are increasingly taking up residence.
Listen up America! The Federal Government has an obligation to clean up its mess. I urge my colleagues on both sides of the aisle to support this commonsense amendment and put public safety first.
Mr. Blumenauer: Mr. Chairman, I yield back the balance of my time.
The Chairman: The question is on the amendment offered by the gentleman from Oregon (Mr. Blumenauer).
The question was taken; and the Chairman announced that the noes appeared to have it.
Mr. Blumenauer: Mr. Chairman, I demand a recorded vote.
The Chairman: Pursuant to clause 6 of rule XVIII, further proceedings on the amendment offered by the gentleman from Oregon will be postponed.
Mr. Price of Georgia: Mr. Chairman, I offer an amendment.
The Chairman: The Clerk will designate the amendment.
The text of the amendment is as follows:
Amendment offered by Mr. Price of Georgia:
Page 10, line 17, after the dollar amount, insert "(reduced by $50,000,000)".
Page 27, line 6, after the dollar amount insert "(increased by $22,000,000)".
The Chairman: Pursuant to the order of the House of today, the gentleman from Georgia (Mr. Price) and the gentleman from Texas (Mr. Edwards) each will control 5 minutes.
The Chair recognizes the gentleman from Georgia.
Mr. Price of Georgia: Mr. Chairman, I yield myself such time as I may consume.
I thank the Chair, and I thank the leadership for the opportunity to present this amendment.
This amendment is very simple. It transfers $50 million from the 1990 BRAC account and puts $22 million into the Veterans Health Administration and Medical Services account. The proposal for the 1990 BRAC account is $50 million above the Department of Defense request. As has been talked about with the previous amendment, it is nigh impossible to be spending more than the request.
The money that is in the request is used for environmental cleanup associated with previous BRAC-based closings, and my amendment would make the 1990 BRAC account reflect the Defense Department request and place $22 million of these funds in health care for our veterans. The amendment as scored by CBO is outlay neutral which is the reason for the difference in the figures.
While cleaning up after base closings is indeed important, the unrequested money, as has been mentioned, would be very difficult to spend and would be better spent, I believe, by providing better health care for our returning service men and women.
The conflict we are in has left many soldiers with lifelong injuries, and veterans are acquiring lasting health care. As a physician, I am well aware of the fact that traumatic brain injury and post-traumatic stress disorder are the signature conditions from our current conflict. As we are learning more about traumatic brain injury and PTSD, we find that more and more of our soldiers are suffering from these injuries.
I believe it is imperative that we ensure that as much funding as possible is available to go for important veterans health care. I believe this amendment to be a fiscally responsible amendment that ensures that our veterans are taken care of in the finest possible manner. I urge adoption of the amendment.
Mr. Chairman, I reserve the balance of my time.
Mr. Edwards: Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I am proud of the fact that under the new leadership in the Congress, in a period of 6 months, we will have increased veterans health care spending by over $10 billion compared to the funding level that existed in December of 2006.
Virtually every major veterans organization in America has applauded this bill for its $6 billion increase in veterans health care spending.
I salute any Member of this House who has worked or is working or will work to improve funding for veterans health care, but I must say to the gentleman, and perhaps in fairness to him he spoke to other Members of the House, but when I was working as chairman on the Subcommittee on Veterans Funding for a $3.4 billion increase in VA health care spending for the 2007 continuing resolution, I didn't hear from the gentleman.
When as chairman I worked to add $1.8 billion in the Iraq war supplemental for VA health care programs, I didn't hear from the gentleman.
When Mr. Wicker and I worked together on a bipartisan basis to put together the largest increase in VA health care spending in the 77-year history of the VA, I didn't hear from the gentleman any requests for an additional $22 million for VA medical services.
Here at the relatively last moment we get this amendment. While it is well intentioned and I salute and respect the gentleman for trying to increase funding for VA health care, we have been working for 6 months to provide more health care funding for the VA than any previous Congress in the history of the country. And with Mr. Wicker's bipartisan leadership, we have accomplished that so far.
The problem I have with this amendment is that it takes $50 million out of the BRAC 1990 account. Now, in this bill we provide $3.8 billion above the President's request for VA health care and benefits programs and only $207 million above the President's request for BRAC and military construction together.
I think it is very modest to ask for, given there is a $3.5 billion backlog to clean up former military sites all across America, in States such as California, Texas. And in a number of other States, Alabama, Alaska, Colorado, Connecticut, Florida, Illinois, Indiana, Maryland, Massachusetts, New Jersey, New Mexico, New York, Pennsylvania, Rhode Island, this BRAC 1990 money is needed to help these communities get back on their feet and take this former military land and use it for the benefit of their communities and for economic growth in their communities.
So given we have had a $3.8 billion increase in veterans health care spending above the President's request in this bill, I think it is more than fair that we add an additional $50 million to a BRAC 1990 program that needs $3.5 billion.
So I am going to oppose the gentleman's amendment and encourage him to work with our committee on a bipartisan basis in the months ahead, just as the Members of the committee worked on a bipartisan basis to provide historic increases in veterans health care funding.
Mr. Chairman, I yield the balance of my time to Mr. Blumenauer.
Mr. Blumenauer: Mr. Chairman, I appreciate the gentleman's courtesy, and I am really bitterly disappointed that we would have somebody come before us to break the commitment that we have to the previous BRAC- round cleanups, communities across the country who are going to wait up to 60 years to have their bases cleaned up, to take that funding and further reduce it. I think this is a very cruel cut.
If you wanted to do something, you've got $13 billion in the 2005 BRAC account that is only going to be spent a maximum of 10 percent. Why in heaven's name would we reach back and penalize people who have been waiting in some cases since 1988 to have the Federal Government keep its commitment to base closure and cleanup. I think this is cruel. I think it is unjustified. I think that it is unfair to make these communities that have dealt with unexploded ordnances and military toxins and have land that is not available for reuse and penalize them for a small amount of veterans health.
I respectfully request that we reject this amendment.
Mr. Price of Georgia: Mr. Chairman, I appreciate the chairman's comments, and I applaud the work he has done to increase funding for veterans health care, sincerely. I don't recall, specifically, requests to the committee; but I am certainly on record in multiple areas across this Congress in urging increased funding for health care. As a physician, I appreciate the need for increased funding for health care across all areas of our budget.
My understanding regarding this provision in the bill is that the $50 million increase over the DOD request is, as I understood it, money that would not be able to be spent in fiscal year 2008. Consequently, that was the reason we requested or proposed in this amendment that the money come from that. So removing $50 million from there, based on outlays by CBO, would stipulate that $22 million was available; and it is my respected request to my colleagues that we place that money for veterans health care for the obvious benefits to all.
Mr. Chairman, I yield back the balance of my time.
Mr. Edwards: Mr. Chairman, I move to strike the last word.
The Chairman: The gentleman is recognized for 5 minutes.
Mr. Edwards: Mr. Chairman, I yield to the gentleman from California (Mr. Farr).
Mr. Farr: Mr. Chairman, I would just like to respond to the gentleman from Georgia about his amendment.
First of all, I think it is an ill-conceived amendment, and here's why.
In order to build veterans facilities on former military property, you have to have that property cleaned and cleared and transferred. I happen to represent a base where we have that problem. We have to clear the area. So if you want to provide health care for your communities, you have to do this clearance.
Your statement that this money couldn't be spent is totally false. These are projects ready to go. It is the newest BRAC round that can't be spent until 2008 because they have to have all their plans in place.
You are cutting $50 million out of something that is very critical for a lot of communities and can do a lot of good, and you are adding it to a program where we just put in $3.4 billion. $3.4 billion. So $50 million more in that account is not going to help.
Frankly, we have already raised that account in committee with strong bipartisan support by $1.7 billion over what the President asked for. So you are going to steal from essentially accounts that are critical and put it into an account that has been plussed-up and is fat. The consequences are going to be that people who are wanting to provide health care services for veterans in their community won't be able to build that facility or get that facility refurbished because the environmental cleanup hasn't been done because we didn't have enough money in the old account. And the only way we can get that money in the account, as I said previously, is to appropriate it.
I think this is a very reckless amendment. I would prefer that we even add more, but that was opposed. But this one, I would hope that you might withdraw your amendment because you are going to do more harm than good.
Mr. Price of Georgia: Would the gentleman yield?
Mr. Edwards: I yield to the gentleman from Georgia.
Mr. Price of Georgia: I appreciate the chairman yielding.
I would hope that we wouldn't impugn an individual's motives for bringing amendments forward. My motive is sincere. I believe it is appropriate to increase funding for veterans health care as much as possible, and it was my understanding, and we can disagree about whether or not the funds would be available to be spent in fiscal year 2008, and we may have a legitimate disagreement about that, but I would hope that we wouldn't impugn an individual's motives.
Mr. Edwards: Reclaiming my time, I certainly don't question the gentleman's motives. Could I ask the gentleman where did the $22 million figure come from.
We increased VA health care spending in this bill by $3.8 billion above what President Bush asked for. That is a $6 billion increase in VA health care spending over last year. That level of funding has been saluted by every national veterans organization, including the American Legion, Military Officers Association of America, AMVETS, National Association for Uniformed Service, Disabled American Veterans, and dozens of others. Where did the gentleman at the last minute come up with the $22 million figure?
We haven't had this conversation at any time during the first 6 months of this year when we were working on adding $10 billion, and it was done on a bipartisan basis, to VA health care funding.
Where did the $22 million figure come from, if I can ask the gentleman?
Mr. Price of Georgia: Mr. Chairman, will the gentleman yield?
Mr. Edwards: I yield to the gentleman from Georgia.
Mr. Price of Georgia: I appreciate the gentleman yielding, and I commend you for the increase in health care spending.
The $22 million comes from removing the $50 million that the Defense Department didn't request in the account, and then it works out to be $22 million based on outlays.
Mr. Edwards: Right. You take $50 million in order to add $22 million, but did the gentleman meet with Veterans Administration leaders, perhaps the Secretary of Health for the VA, and did they request this additional $22 million?
Was there a specific project that wasn't being funded or a particular need that wasn't being met by the $6 billion increase in VA health care spending this year that caused the gentleman to ask specifically for a $22 million increase?
Mr. Price of Georgia: Mr. Chairman, will the gentleman yield?
Mr. Edwards: I yield to the gentleman from Georgia.
Mr. Price of Georgia: I think I mentioned in my comments that the increase in traumatic brain injury and post-traumatic stress syndrome that we are seeing with the conflict that we are currently in obviously warrants as much funding as we can make available to our veterans who are serving us so proudly.
Mr. Edwards: And I agree with the gentleman. That is why we provided over $600 million more than the administration request to improve mental health care, traumatic brain injury and PTSD services.
Reclaiming my time, Mr. Chairman, I respect the gentleman's intentions in this effort. I would simply say that we have provided a historic increase in VA health care spending in this bill. That level of funding has been supported by virtually every major veterans organization in America, and we ought not to have to gut another important program for the gentleman's last-minute amendment.
The Chairman: The question is on the amendment offered by the gentleman from Georgia (Mr. Price).
The question was taken; and the Chairman announced that the noes appeared to have it.
Mr. Price of Georgia: Mr. Chairman, I demand a recorded vote.
The Chairman: Pursuant to clause 6 of rule XVIII, further proceedings on the amendment offered by the gentleman from Georgia will be postponed.
The Clerk will read.
The Clerk read as follows:
Department of Defense Base Closure Account 2005
For deposit into the Department of Defense Base Closure Account 2005, established by section 2906A(a)(1) of the Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note), $8,174,315,000, to remain available until expended.
Administrative Provisions
Sec. 101. None of the funds made available in this title shall be expended for payments under a cost-plus-a-fixed-fee contract for construction, where cost estimates exceed $25,000, to be performed within the United States, except Alaska, without the specific approval in writing of the Secretary of Defense setting forth the reasons therefor.
Sec. 102. Funds made available in this title for construction shall be available for hire of passenger motor vehicles.
Sec. 103. Funds made available in this title for construction may be used for advances to the Federal Highway Administration, Department of Transportation, for the construction of access roads as authorized by section 210 of title 23, United States Code, when projects authorized therein are certified as important to the national defense by the Secretary of Defense.
Sec. 104. None of the funds made available in this title may be used to begin construction of new bases in the United States for which specific appropriations have not been made.
Mr. Edwards: Mr. Chairman, I move to strike the last word, and I yield to the gentleman from Georgia (Mr. Bishop).
Mr. Bishop of Georgia: Mr. Chairman, thank you very much for yielding.
Mr. Chairman, the prevalence of HIV/AIDS among veterans who access the VA health care system is markedly higher than that of the general population. Furthermore, barriers within this system contribute to already late diagnoses of HIV among veterans. Early diagnosis is crucial because the sooner an HIV-infected person begins treatment, the more manageable and the more cost effective their treatment will be.
I speak today as a member of the subcommittee with concern about the impact of HIV/AIDS on veterans, not only in Georgia, but throughout the Southeast and every major city around the Nation.
The need for action on this issue, Mr. Chairman, is exemplified by the Centers for Disease Control and Prevention's recent Heightened Response to HIV/AIDS in African American Communities initiative. These actions follow the September 2006 release of the CDC's revised HIV testing guidelines, which advise HIV testing become a routine part of medical care.
The VA is the largest integrated health care system in the United States and, therefore, the largest provider of HIV care in the country. However, VA's current HIV testing policy is based on an outdated testing model which is inconsistent with the CDC guidelines.
Compared to the general population, the prevalence of HIV infections is higher among those accessing the VA health care system. A recent study that was conducted by a VA researcher found that at the time of diagnosis 55 percent of HIV-positive veterans had already developed Acquired Immune Deficiency Syndrome, or AIDS, which takes roughly 10 years to develop after it's initially contracted.
Even more disturbing is the fact that most of these veterans had accessed the VA health care system on an average of six times before they were ever diagnosed with this disease. This outdated VA HIV testing policy denies veterans sensible and what is now recommended as standard access to HIV screening in other health care systems.
I applaud the chairman for his leadership in making health care for veterans a priority in the VA appropriations bill. Mr. Chairman, I'm hoping that we can work together to further explore this important issue and address it in an appropriate way as we move forward on the VA Appropriations measure for fiscal 2008.
At this point, I'd like to ask the chairman of the subcommittee if he would be so kind as to yield to Mr. Jackson from Illinois to speak to the issue of HIV prevalence among veterans.
Mr. Edwards: Let me say that I thank both the gentleman from Illinois and the gentleman from Georgia for their leadership on this important issue. I look forward to working with them and the Veterans' Affairs Committee and our subcommittee to address the needs and pursue the solutions that you have proposed.
Mr. Chairman, I yield to the gentleman from Illinois.
Mr. Jackson of Illinois: Thank you, Mr. Chairman.
Mr. Chairman, let me first thank my friend from Georgia (Mr. Bishop) for his remarks and for his leadership in bringing this topic to the attention of our colleagues. I would also like to recognize the timeliness of his comments, as National HIV Testing Day is on June 27.
The gravity of this issue cannot be understated, and I hope to work with Mr. Bishop and lend my support to address the veterans who suffer from this interminable disease.
Chicago is the epicenter of HIV/AIDS in Illinois. Roughly 70 percent of reported AIDS cases in the State are in Chicago. Minorities account for approximately 69 percent of the city's total population, but represent 81 percent recently diagnosed AIDS cases. Minorities constitute 20 percent of veterans in Illinois; yet the trend of HIV/ AIDS among the State population and the higher prevalence of HIV/AIDS among veterans in general demonstrates minority veterans are disproportionately affected by this disease.
HIV/AIDS has had a significant impact on veterans across the country. Combating the spread of this disease through testing and education is not only important to our communities, but vital for the health of all Americans.
I want to thank the chairman for yielding me the time and thank Mr. Bishop for his leadership.
Mr. Edwards: I want to thank Mr. Jackson and Mr. Bishop for your leadership on this. By exercising early intervention, we can save the lives of thousands of America's veterans and prevent them from having HIV or AIDS. It will be a tremendous service to those who have served our country in uniform, and I look forward to working with both gentlemen as we go to conference committee and as we work with the Veterans' Affairs Committee to address this serious national problem.
The Chairman: The Clerk will read.
The Clerk read as follows:
Sec. 105. None of the funds made available in this title shall be used for purchase of land or land easements in excess of 100 percent of the value as determined by the Army Corps of Engineers or the Naval Facilities Engineering Command, except: (1) where there is a determination of value by a Federal court; (2) purchases negotiated by the Attorney General or the designee of the Attorney General; (3) where the estimated value is less than $25,000; or (4) as otherwise determined by the Secretary of Defense to be in the public interest.
Sec. 106. None of the funds made available in this title shall be used to: (1) acquire land; (2) provide for site preparation; or (3) install utilities for any family housing, except housing for which funds have been made available in annual Acts making appropriations for military construction.
Sec. 107. None of the funds made available in this title for minor construction may be used to transfer or relocate any activity from one base or installation to another, without prior notification to the Committees on Appropriations of both Houses of Congress.
Sec. 108. None of the funds made available in this title may be used for the procurement of steel for any construction project or activity for which American steel producers, fabricators, and manufacturers have been denied the opportunity to compete for such steel procurement.
Sec. 109. None of the funds available to the Department of Defense for military construction or family housing during the current fiscal year may be used to pay real property taxes in any foreign nation.
Sec. 110. None of the funds made available in this title may be used to initiate a new installation overseas without prior notification to the Committees on Appropriations of both Houses of Congress.
Sec. 111. None of the funds made available in this title may be obligated for architect and engineer contracts estimated by the Government to exceed $500,000 for projects to be accomplished in Japan, in any North Atlantic Treaty Organization member country, or in countries bordering the Arabian Sea, 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 two months of the fiscal year.
(including transfer of funds)
Sec. 115. Funds appropriated to the Department of Defense for construction in prior years shall be available for construction authorized for each such military department by the authorizations enacted into law during the current session of Congress.
Sec. 116. For military construction or family housing projects that are being completed with funds otherwise expired or lapsed for obligation, expired or lapsed funds may be used to pay the cost of associated supervision, inspection, overhead, engineering and design on those projects and on subsequent claims, if any.
Sec. 117. Notwithstanding any other provision of law, any funds made available to a military department or defense agency for the construction of military projects may be obligated for a military construction project or contract, or for any portion of such a project or contract, at any time before the end of the fourth fiscal year after the fiscal year for which funds for such project were made available, if the funds obligated for such project: (1) are obligated from funds available for military construction projects; and (2) do not exceed the amount appropriated for such project, plus any amount by which the cost of such project is increased pursuant to law.
Sec. 118. 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.
(including transfer of funds)
Sec. 119. In addition to any other transfer authority available to the Department of Defense, proceeds deposited to the Department of Defense Base Closure Account established by section 207(a)(1) of the Defense Authorization Amendments and Base Closure and Realignment Act (10 U.S.C. 2687 note) pursuant to section 207(a)(2)(C) of such Act, may be transferred to the account established by section 2906(a)(1) of the Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note), to be merged with, and to be available for the same purposes and the same time period as that account.
(including transfer of funds)
Sec. 120. Subject to 30 days prior notification to the Committees on Appropriations of both Houses of Congress, such additional amounts as may be determined by the Secretary of Defense may be transferred to: (1) the Department of Defense Family Housing Improvement Fund from amounts appropriated for construction in "Family Housing" accounts, to be merged with and to be available for the same purposes and for the same period of time as amounts appropriated directly to the Fund; or (2) the Department of Defense Military Unaccompanied Housing Improvement Fund from amounts appropriated for construction of military unaccompanied housing in "Military Construction" accounts, to be merged with and to be available for the same purposes and for the same period of time as amounts appropriated directly to the Fund: Provided, That appropriations made available to the Funds shall be available to cover the costs, as defined in section 502(5) of the Congressional Budget Act of 1974, of direct loans or loan guarantees issued by the Department of Defense pursuant to the provisions of subchapter IV of chapter 169 of title 10, United States Code, pertaining to alternative means of acquiring and improving military family housing, military unaccompanied housing, and supporting facilities.
Sec. 121. 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.
(including transfer of funds)
Sec. 123. In addition to any other transfer authority available to the Department of Defense, amounts may be transferred from the accounts established by sections 2906(a)(1) and 2906A(a)(1) of the Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note), to the fund established by section 1013(d) of the Demonstration Cities and Metropolitan Development Act of 1966 (42 U.S.C. 3374) to pay for expenses associated with the Homeowners Assistance Program. Any amounts transferred shall be merged with and be available for the same purposes and for the same time period as the fund to which transferred.
Sec. 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 2008 for that program that remain available for obligation, may be obligated or expended for the conduct of studies of missile defense.
Mr. Franks of Arizona: Mr. Chairman, I offer an amendment.
The Chairman: The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 19, beginning on line 15, strike section 125.
The Chairman: Pursuant to the order of the House of today, the gentleman from Arizona (Mr. Franks) and a Member opposed each will control 5 minutes.
The Chair recognizes the gentleman from Arizona.
Mr. Franks of Arizona: Mr. Chairman, in an age of sophisticated missile development and rampant nuclear proliferation, the United States must continue to invest its attention and resources in developing and fielding defenses to stay ahead of the ominous threat of ballistic missiles.
It is critical that the United States continue to work with our friends and allies who wish to cooperate in our mission to develop a robust ballistic missile defense against our common enemies.
The United States is currently working with NATO and negotiating with European countries about the possibility of placing a ballistic missile interceptor site in Europe. This is an example of a missile defense opportunity that could offer protection for the U.S. homeland and our European friends from a perilous threat that we share, ballistic missiles potentially carrying nuclear warheads, being launched from rogue nations such as Iran.
Mr. Chairman, incidentally, Iran is projected to have missiles capable of reaching the United States homeland within 7 years.
As it currently stands, this bill prohibits funds made available under the NATO Security Investment Program from being obligated or expended to conduct studies on missile defense. My amendment would strike this section. Mr. Chairman, in the midst of the current debate regarding the need for greater international support of missile defense, we must not arbitrarily prevent our allies from joining with us to pursue these vital and common goals.
For the sake of defending our cities and our freedom, I encourage our colleagues to support our Nation's policy to build a robust, layered ballistic missile defense; to support our allies against common threats; and to support this amendment.
Mr. Chairman, I reserve the balance of my time.
Mr. Edwards: Mr. Chairman, I move to strike the last word.
Mr. Chairman, I just want to make a few points about this amendment, and I will be glad to accept the amendment when I'm completed. Let me just make a few points that are clear, though.
Section 125 prohibits the use of funds appropriated to the NATO Security Investment Program for studies of missile defense. The history of this is that in the fiscal year 2004 Military Construction bill, it was a Republican majority that put this language into the bill which has been repeated year after year without any controversy or serious discussion. It grew out of concerns that large sums of these NATO funds were being spent on expensive studies.
I do want to emphasize and clarify that this provision relates to the studies for a NATO missile defense system that is not related to the proposal by the administration to pursue and place a missile defense site in Poland and in the Czech Republic. That is a U.S. initiative, not a NATO initiative, and I want Members to understand that distinction.
I also want to make it clear that I believe NATO Security Investment Program funds should focus primarily on building current NATO infrastructure, including critical facilities in the NATO mission in Afghanistan. Because these funds are limited, I think they should be wisely and directed to where they have the greatest impact in support of our military troops around the world.
With that being said, I will accept the gentleman's amendment.
Mr. Franks of Arizona: Mr. Chairman, I thank the gentleman.
I would only add that it is vitally important from our perspective that NATO countries be encouraged to cooperate with the things that we're doing there and some of the countries that we're working with for the European missile site. We understand that everything you said is correct. We also believe that it doesn't make sense to single out missile defense as the only study that would be prohibited under this section.
And there may come a day when we will have to apologize to the American public for putting so much emphasis on building expensive missile defense capabilities, and if that happens, I will be willing to stand here and do that, but it would be far harder for me to apologize to the American people for failing to do everything that we could on every front to protect the homeland and our European allies and our soldiers and warfighters abroad from the most dangerous offensive weapons that have ever come upon humanity.
Mr. Chairman, I yield back my time.
The Chairman: The question is on the amendment offered by the gentleman from Arizona (Mr. Franks).
The amendment was agreed to.
Mr. Edwards: Mr. Chairman, I move to strike the last word.
The Chairman: The gentleman from Texas is recognized for 5 minutes.
Mr. Edwards: Mr. Chairman, I yield to the gentleman of South Carolina (Mr. Brown) for the purpose of a colloquy.
Mr. Brown of South Carolina: Mr. Chairman, I would like to discuss a very serious battle our veterans are waging here at home, a battle against ALS, better known as Lou Gehrig's disease.
Several independent and government studies have found that military veterans are at a greater risk of dying from Lou Gehrig's disease than those who have never served in the military. In fact, veterans are at a 60 percent greater risk to develop ALS. Lou Gehrig's disease is a horrific disease that robs a person of the ability to control their muscles.
Unfortunately, I have met firsthand and have knowledge of the true nature of ALS and its impact on veterans. I have watched the disease attack a good friend of mine, Tom Mikolajcik, a retired Air Force brigadier general. He was diagnosed with ALS in 2003. Since then I have seen the disease take a once-powerful man and rob him of nearly all of his physical abilities.
Mr. Chairman, only certain veterans with ALS who served in theatre during the 1991 Persian Gulf War are currently presumed to be eligible for service-connected benefits, and there are significant research needs related to the causes and treatment of ALS. As such, we must begin to take the steps necessary to not only discover why our veterans are at greater risk of ALS and to find treatments for the disease but also to help ensure that they have timely access to needed VA benefits.
I hope that you and the committee will work in conference and ensure the resources of the VA are directed towards meeting the research and benefit needs of all veterans who are diagnosed with ALS.
Mr. Edwards: Mr. Chairman, reclaiming my time, let me thank the gentleman for bringing this important problem and issue before the House. It is something we have a responsibility to deal with. I am proud to say that Mr. Wicker and I worked with the Members of our subcommittee to ensure that we had $69 million increase in this bill to increase VA health care research funding above the President's request.
I think we have had the VA research budget at a stable number for a number of years. I think, given our war in Iraq and Afghanistan and the challenges we face trying to support our veterans from past combat, as you have pointed out, this additional research money is much needed and very well deserved.
While it hasn't been the tradition of the Congress to try to earmark funds, we have made this a peer review process to let the VA in its peer review process determine what are the highest priority needs for research. I, for one, would certainly hope that it would take a serious look at the challenge of Lou Gehrig's disease and its impact on veterans who have been exposed to various chemical agents in their service.
I would point out, as the gentleman well knows, that right now the Bronx VA Medical Center has worked on research to improve the identification of this disease. With the gentleman's leadership, we will do even more.
The Chairman: The Clerk will read.
The Clerk read as follows:
Sec. 126. Whenever the Secretary of Defense or any other official of the Department of Defense is requested by the subcommittee on Military Construction, Veterans Affairs, and Related Agencies of the Committee on Appropriations of the House of Representatives or the subcommittee on Military Construction, 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).
Mr. Edwards: Mr. Chairman, I move to strike the last word.
The Chairman: The gentleman from Texas is recognized for 5 minutes.
Mr. Edwards: Mr. Chairman, at this time I would like to yield to the gentleman from Georgia (Mr. Bishop), a senior member of the Military Construction and Veterans' Affairs Appropriations Subcommittee, someone who has fought long and hard in this House on behalf of our servicemen and -women and their families and our veterans. I offer him an opportunity to talk about provisions of the bill.
Mr. Bishop of Georgia: I thank the gentleman, our subcommittee chairman, for his tremendous work and bringing our bill to the floor.
Mr. Chairman, I am very pleased to rise in full support of our FY 2008 Military Construction and Veterans Affairs and Related Agencies appropriations bill.
As a member of the subcommittee, I am extremely proud of the work that the subcommittee and members on both sides of the aisle have done in crafting a bill which truly supports America's servicemen and -women and their families by boosting military construction funding so that they can have more effective training facilities, better housing, health care and day-care facilities, providing an unprecedented $21.4 billion investment in military construction, family housing and BRAC, or nearly $207 million more than the President's request.
Just as important, I am extremely proud to join my subcommittee colleagues in recommending a historic expansion in support and resources for our Nation's veterans. This bill includes the largest single increase in the 77-year history of the Veterans Administration, increasing the VA budget by $6.7 billion above the 2007 level and $3.8 billion above the President's request.
For the first time in history, funding for VA medical care exceeds the budget of the veterans service organization's independent budget that has been going on now for decades. This will ensure quality health care for 5.8 million patients, including about 263,000 Iraq and Afghanistan veterans, who the VA will treat, expectantly, in FY 2008.
This bill will provide veterans with health care and benefits that we have promised them, resulting in the hiring of more qualified doctors and nurses to improve medical services to our veterans and to reduce the waiting times for doctor appointments and to provide more help to veterans suffering from traumatic brain injury, PTSD, mental health care issues and lost limbs to rebuild their lives. This is truly an accomplishment that all of us, as Members of this august body, should be very proud of.
Of note, our bill also provides funding that gives much-needed nonrecurring maintenance of the VA health care facilities, $500 million above the President's request to prevent a Walter Reed-type situation from occurring in the VA medical system. It will significantly reduce the 400,000 claims backlog of veterans that are waiting for disability and other benefit determinations.
It will provide for better barracks, housing, training facilities for our troops when they return from combat through an unprecedented $24.4 billion investment in military construction, family housing and BRAC, $207 million more than the President's request.
It provides funds to grow our military forces to begin the process of supporting an additional 65,000 Army, 27,000 Marine and 9,000 National Guard troops that will increase our ultimate end strength.
I have the privilege and the honor of representing Fort Benning and Marine Corps Logistics Base, Albany, and the men and women who work, live and train at this great military facility, who are defending and serving our great Nation with dignity, honor and distinction.
As such, I was very pleased that our subcommittee saw fit to include full funding for the 2005 Base Realignment and Closure Account, which is also known as BRAC, at the level of $8.2 billion. This level of funding will be critically important to military facilities, such as Fort Benning, which are expected to see and experience significant new personnel as a result of BRAC and the global repositioning of our forces around the world.
While we in the Columbus area continue to have some concerns with respect to what impact the BRAC process may have on our local school systems in terms of potential dramatic increases in school enrollment, we continue to be encouraged by the interest and support shown by our colleagues on the subcommittee, particularly Mr. Edwards, our chairman.
Finally, I would like to recognize and thank the staff of the subcommittee, Carol Murphy, Mary Arnold, Walter Hearne, Tim Bishop and Donna Shabaz, majority staff; Liz Dawson, Deana Baron and Jamie Swafford, minority staff; and, of course, Michael Reed on my staff for their hard work.
Mr. Edwards: Mr. Chairman, I ask unanimous consent that the remainder of title I and all of title II be considered as read, printed in the Record, and open to amendment at any point.
I believe this has been cleared with the minority leadership.
The Chairman: Is there objection to the request of the gentleman from Texas?
There was no objection.
The text of that portion of the bill is as follows:
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 military installation for the purposes of supporting a function that has been approved for realignment to another installation, in 2005 under the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note), unless such a project at a military installation approved for realignment will support a continuing mission or function at that installation or a new mission or function that is planned for that installation, or unless the Secretary of Defense certifies that the cost to the United States of carrying out such project would be less than the cost to the United States of cancelling such project, or if the project is at an active component base that shall be established as an enclave or in the case of projects having multi-agency use, that another Government agency has indicated it will assume ownership of the completed project. The Secretary of Defense may not transfer funds made available as a result of this limitation from any military construction project, land acquisition, or family housing project to another account or use such funds for another purpose or project without the prior approval of the Committees on Appropriations of both Houses of Congress. This section shall not apply to military construction projects, land acquisition, or family housing projects for which the project is vital to the national security or the protection of health, safety, or environmental quality: Provided, That the Secretary of Defense shall notify the congressional defense committees within seven days of a decision to carry out such a military construction project.
(including transfer of funds)
Sec. 129. During the 5-year period after appropriations available in this Act 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. 130. None of the funds in this title shall be used for any activity related to the construction of an Outlying Landing Field in Washington County, North Carolina.
For the payment of compensation benefits to or on behalf of veterans and a pilot program for disability examinations as authorized by section 107 and chapters 11, 13, 18, 51, 53, 55, and 61 of title 38, United States Code; pension benefits to or on behalf of veterans as authorized by chapters 15, 51, 53, 55, and 61 of title 38, United States Code; and burial benefits, the Reinstated Entitlement Program for Survivors, emergency and other officers' retirement pay, adjusted- service credits and certificates, payment of premiums due on commercial life insurance policies guaranteed under the provisions of title IV of the Servicemembers Civil Relief Act (50 U.S.C. App. 541 et seq.) and for other benefits as authorized by sections 107, 1312, 1977, and 2106, and chapters 23, 51, 53, 55, and 61 of title 38, United States Code, $41,236,322,000, to remain available until expended: Provided, That not to exceed $25,033,000 of the amount appropriated under this heading shall be reimbursed to "General operating expenses" and "Medical administration" for necessary expenses in implementing the provisions of chapters 51, 53, and 55 of title 38, United States Code, the funding source for which is specifically provided as the "Compensation and pensions" appropriation: Provided further, That such sums as may be earned on an actual qualifying patient basis, shall be reimbursed to "Medical care collections fund" to augment the funding of individual medical facilities for nursing home care provided to pensioners as authorized.
For the payment of readjustment and rehabilitation benefits to or on behalf of veterans as authorized by chapters 21, 30, 31, 34, 35, 36, 39, 51, 53, 55, and 61 of title 38, United States Code, $3,300,289,000, to remain available until expended: Provided, That expenses for rehabilitation program services and assistance which the Secretary is authorized to provide under subsection (a) of section 3104 of title 38, United States Code, other than under paragraphs (1), (2), (5), and (11) of that subsection, shall be charged to this account.
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, chapters 19 and 21, $41,250,000, to remain available until expended.
For the cost of direct and guaranteed loans, such sums as may be necessary to carry out the program, as authorized by subchapters I through III of chapter 37 of title 38, United States Code: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That during fiscal year 2008, 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, $154,562,000, which may be transferred to and merged with the appropriation for "General operating expenses".
For the cost of direct loans, $71,000, as authorized by chapter 31 of title 38, United States Code: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That funds made available under this heading are available to subsidize gross obligations for the principal amount of direct loans not to exceed $3,287,000.
In addition, for administrative expenses necessary to carry out the direct loan program, $311,000, which may be transferred to and merged with the appropriation for "General operating expenses".
For administrative expenses to carry out the direct loan program authorized by subchapter V of chapter 37 of title 38, United States Code, $628,000, 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 2008.
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.
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, food services, 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; $28,906,400,000, plus reimbursements, of which not less than $2,900,000,000 shall be expended for specialty mental health care; not less than $130,000,000 shall be expended for the homeless grants and per diem program; not less than $428,873,754 shall be expended for the substance abuse program; and not less than $100,275,000 shall be expended for blind rehabilitation services: Provided, That of the funds made available under this heading, not to exceed $1,100,000,000 shall be available until September 30, 2009: Provided further, That, notwithstanding any other provision of law, the Secretary of Veterans Affairs shall establish a priority for the provision of medical treatment for veterans who have service-connected disabilities, 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 DOD-VA Health Care Sharing Incentive Fund, as authorized by section 8111(d) of title 38, United States Code, a minimum of $15,000,000, to remain available until expended, for any purpose authorized by section 8111 of title 38, United States Code.
For necessary expenses in the administration of the medical, hospital, nursing home, domiciliary, construction, supply, and research activities, as authorized by law; administrative expenses in support of capital policy activities; and administrative and legal expenses of the Department for collecting and recovering amounts owed the Department as authorized under chapter 17 of title 38, United States Code, and the Federal Medical Care Recovery Act (42 U.S.C. 2651 et seq.); $3,635,600,000, plus reimbursements, of which $250,000,000 shall be available until September 30, 2009.
For necessary expenses for the maintenance and operation of hospitals, nursing homes, and domiciliary facilities, and other necessary facilities of 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 services, $4,100,000,000, plus reimbursements, of which $250,000,000 shall be available until September 30, 2009: Provided, That $300,000,000 for non-recurring maintenance provided under this heading shall be allocated in a manner not subject to the Veterans Equitable Resource Allocation.
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, $480,000,000, plus reimbursements, to remain available until September 30, 2009.
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, $1,598,500,000: Provided, That expenses for services and assistance authorized under paragraphs (1), (2), (5), and (11) of section 3104(a) of title 38, United States Code, that the Secretary of Veterans Affairs determines are necessary to enable entitled veterans: (1) to the maximum extent feasible, to become employable and to obtain and maintain suitable employment; or (2) to achieve maximum independence in daily living, shall be charged to this account: Provided further, That the Veterans Benefits Administration shall be funded at not less than $1,324,957,000: Provided further, That of the funds made available under this heading, not to exceed $75,000,000 shall be available for obligation until September 30, 2009: Provided further, That from the funds made available under this heading, the Veterans Benefits Administration may purchase (on a one-for-one replacement basis only) up to two passenger motor vehicles for use in operations of that Administration in Manila, Philippines.
For necessary expenses for information technology systems and telecommunications support, including developmental information systems and operational information systems and pay and associated cost for operations and maintenance associated staff; for the capital asset acquisition of information technology systems, including management and related contractual costs of said acquisitions, including contractual costs associated with operations authorized by chapter 3109 of title 5, United States Code, $1,859,217,000, to remain available until September 30, 2009: Provided, That none of these funds may be obligated until the Secretary of Veterans Affairs submits to the Committees on Appropriations of both Houses of Congress, and such Committees approve, a plan for expenditure that: (1) meets the capital planning and investment control review requirements established by the Office of Management and Budget; (2) complies with the Department of Veterans Affairs enterprise architecture; (3) conforms with an established enterprise life cycle methodology; and (4) complies with the acquisition rules, requirements, guidelines, and systems acquisition management practices of the Federal Government: Provided further, That within 30 days of the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committees on Appropriations of both Houses of Congress a reprogramming base letter which provides, by project, the costs included in this appropriation.
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, $170,000,000, of which not to exceed $7,800,000 shall be available until September 30, 2009.
For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978 (5 U.S.C. App.), $76,500,000, of which $3,630,000 shall remain available until September 30, 2009.
For constructing, altering, extending, and improving any of the facilities, including parking projects, under the jurisdiction or for the use of the Department of Veterans Affairs, or for any of the purposes set forth in sections 316, 2404, 2406, 8102, 8103, 8106, 8108, 8109, 8110, and 8122 of title 38, United States Code, including planning, architectural and engineering services, construction management services, maintenance or guarantee period services costs associated with equipment guarantees provided under the project, services of claims analysts, offsite utility and storm drainage system construction costs, and site acquisition, where the estimated cost of a project is more than the amount set forth in section 8104(a)(3)(A) of title 38, United States Code, or where funds for a project were made available in a previous major project appropriation, $1,410,800,000, to remain available until expended, of which $2,000,000 shall be to make reimbursements as provided in section 13 of the Contract Disputes Act of 1978 (41 U.S.C. 612) for claims paid for contract disputes: Provided, That except for advance planning activities, including needs assessments which may or may not lead to capital investments, and other capital asset management related activities, including 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, 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 2008, for each approved project shall be obligated: (1) by the awarding of a construction documents contract by September 30, 2008; and (2) by the awarding of a construction contract by September 30, 2009: Provided
further, That the Secretary of Veterans Affairs shall promptly submit to the Committees on Appropriations of both Houses of Congress a written report on any approved major construction project for which obligations are not incurred within the time limitations established above: Provided further, That none of the funds appropriated in this or any other Act may be used to reduce the mission, services, or infrastructure, including land, 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, without prior approval of the Committees on Appropriations of both Houses of Congress.
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, $615,000,000, to remain available until expended, along with unobligated balances of previous "Construction, minor projects" appropriations which are hereby made available for any project where the estimated cost is equal to or less than the amount set forth in such section: 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: Provided further, That within 30 days of enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committees on Appropriations of both Houses of Congress a reprogramming base letter which provides, by project, the costs included in this appropriation.
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 through 8137 of title 38, United States Code, $165,000,000, to remain available until expended.
Grants For The Construction Of State Veterans Cemeteries For grants to assist States in establishing, expanding, or improving State veterans cemeteries as authorized by section 2408 of title 38, United States Code, $37,000,000, to remain available until expended.
Sec. 201. Any appropriation for fiscal year 2008 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 such Committees issue an approval, or absent a response, a period of 30 days has elapsed.
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 through 5902 of title 5, United States Code.
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 to such hospitalization or examination under the laws providing such benefits to veterans, and persons receiving such treatment under sections 7901 through 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 the cost of such hospitalization or examination 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 2007.
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 only from "Compensation and pensions".
(including transfer of funds)
Sec. 207. Notwithstanding any other provision of law, during fiscal year 2008, 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 such an insurance program during fiscal year 2008 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 such 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 2008 which is properly allocable to the provision of each such insurance program and to the provision of any total disability income insurance included in that insurance program.
Sec. 208. 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.
(including transfer of funds)
Sec. 209. Funds available in this title or funds for salaries and other administrative expenses shall also be available to reimburse the Office of Resolution Management of the Department of Veterans Affairs and the Office of Employment Discrimination Complaint Adjudication under section 319 of title 38, United States Code, for all services provided at rates which will recover actual costs but not exceed $32,067,000 for the Office of Resolution Management and $3,148,000 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. 210. No appropriations in this title shall be available to enter into any new lease of real property if the estimated annual rental is more than $300,000 unless the Secretary submits a report which the Committees on Appropriations of both Houses of Congress approve within 30 days following the date on which the report is received.
Sec. 211. 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.
(including transfer of funds)
Sec. 212. 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. 213. Amounts made available under "Medical services" are available--
(1) for furnishing recreational facilities, supplies, and equipment; and
(2) for funeral expenses, burial expenses, and other expenses incidental to funerals and burials for beneficiaries receiving care in the Department.
(including transfer of funds)
Sec. 214. 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 that account.
Sec. 215. Notwithstanding any other provision of law, the Secretary of Veterans Affairs shall allow veterans who are eligible under existing Department of Veterans Affairs medical care requirements and who reside in Alaska to obtain medical care services from medical facilities supported by the Indian Health Service or tribal organizations. The Secretary shall: (1) limit the application of this provision to rural Alaskan veterans in areas where an existing Department of Veterans Affairs facility or Veterans Affairs- contracted service is unavailable; (2) require participating veterans and facilities to comply with all appropriate rules and regulations, as established by the Secretary; (3) require this provision to be consistent with Capital Asset Realignment for Enhanced Services activities; and (4) result in no additional cost to the Department of Veterans Affairs or the Indian Health Service.
(including transfer of funds)
Sec. 216. 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. 217. None of the funds available to the Department of Veterans Affairs, in this or any other Act, may be used to replace the current system by which the Veterans Integrated Service Networks select and contract for diabetes monitoring supplies and equipment.
Sec. 218. None of the funds made available in this Act may be used to implement any policy prohibiting the Directors of the Veterans Integrated Service Networks from conducting outreach or marketing to enroll new veterans within their respective Networks.
Sec. 219. The Secretary of Veterans Affairs shall submit to the Committees on Appropriations of both Houses of Congress a quarterly report on the financial status of the Veterans Health Administration.
Sec. 220. Amounts made available for the "Information technology systems" account may be reprogrammed between projects: Provided, That no project may be increased or decreased by more than $1,000,000 of cost before the Secretary submits to the Committees on Appropriations of both Houses of Congress a reprogramming request and the Committees issue an approval, or absent a response, a period of 30 days has elapsed.
(including transfer of funds)
Sec. 221. Any balances in prior year accounts established for the payment of benefits under the Reinstated Entitlement Program for Survivors shall be transferred to and merged with amounts available under the "Compensation and pensions" account, and receipts that would otherwise be credited to the accounts established for the payment of benefits under the Reinstated Entitlement Program for Survivors program shall be credited to amounts available under the "Compensation and pensions" acount.
Sec. 222. Amounts made available for the "Construction, minor projects" account may be reprogrammed between projects: Provided, That no project may be increased or decreased by more than $1,000,000 of cost before the Secretary submits to the Committees on Appropriations of both Houses of Congress a reprogramming request and the Committees issue an approval, or absent a response, a period of 30 days has elapsed.
Mr. Moran of Kansas: Mr. Chairman, I offer an amendment.
The Chairman: The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 27, line 6, after the dollar amount, insert "(increased by $125,000,000)". Page 28, line 22, after the dollar amount, insert "(reduced by $125,000,000)".
The Chairman: Pursuant to the order of the House of today, the gentleman from Kansas (Mr. Moran) and a Member opposed each will control 5 minutes.
Mr. Edwards: Mr. Chairman, I reserve a point of order on the gentleman's amendment.
The Chairman: The gentleman from Texas reserves a point of order.
The Chair recognizes the gentleman from Kansas.
Mr. Moran of Kansas: Mr. Chairman, I commend the committee's work in regard to the funding levels that are here before us in this Veterans Administration and Military Quality of Life appropriation bill.
I am pleased to be here in support of this legislation, but I do have an amendment. My amendment would transfer $125 million from veterans health administration accounts to the medical services account, and the purpose of doing so is to increase the amount of mileage reimbursement that disabled veterans receive for travel for medical services.
Currently, and, in fact, since 1978, our veterans have received 11 cents per mile. One would think that to be a misstatement on our part. I think it's very hard to believe that since 1978 we have not increased that reimbursement rate.
Because of funding constraints and priorities, I'm not asking that it be increased to what most of us would think is appropriate. Amendments have been offered in support on this House floor that have been demonstrated for the 48½ cents allowed by IRS regulations.
On the floor today is the gentleman from Georgia who offered an amendment that passed unanimously by voice vote earlier this session that would increase the rate, authorize the increased rate to 48½ cents. My amendment today appropriates the money, provides the money necessary to double the mileage reimbursement rate for disabled veterans from 11 cents per mile to 22 cents per mile.
A reasonable reimbursement rate is awfully important. This bill, in my opinion, goes a long way toward increasing the likelihood that veterans will have access to medical care and services that they so desperately need and so sincerely desire and deserve.
Those of us, however, who come from places in which it's a long distance to receive that service, to receive those benefits, are very concerned that there are people who are slipping through the cracks, as we have heard in other instances, within the VA system, because they cannot afford to make the trip to see the physician, to be seen at the hospital, to receive the services that they are entitled to.
I represent a district approximately the size of the State of Illinois. There is no VA hospital within the district. So my veterans must travel significant distances in order to receive care and treatment, and we know what has occurred in regard to the cost of travel with gas prices where they are today, as compared to where they were in 1978 when 11 cents per mile was established.
This concept is supported by our veterans service organization. I am a member of the House Veterans' Affairs Committee. I have chaired the health care subcommittee. This has been an issue we have dealt with for a long time, and I have seen amendments offered in previously years often stuck on a point of order or for me to withdraw them.
Today, I think it's important that we move forward, particularly at a time when we were increasing the amount of money available within the VA funding stream. If we don't do it now, when will we do it? I offered this amendment, a similar amendment, in 2003, and most years since. It's always going to be next year.
With the levels of funding that are provided for in the underlying appropriation bill, it seems important for us, to me, for us not to sidestep this issue for another year.
Mr. Chairman, I reserve the balance of my time.
Mr. Edwards: Mr. Chairman, I withdraw my reservation, and I rise in opposition to the amendment.
The Chairman: The reservation is withdrawn.
The gentleman from Texas is recognized for 5 minutes.
Mr. Edwards: Mr. Chairman, in all due respect, I had not seen this amendment until 2 minutes ago.
I wish we had an opportunity to sit down, as our subcommittee has been doing for the last 6 months on a bipartisan basis, to see if the legitimate needs that the gentleman from Kansas has raised could have been dealt with through our subcommittee process.
The problem with what the gentleman has proposed in this amendment, while it might sound like we are cutting medical administration overhead at the central office in Washington, D.C., the gentleman may or may not know that the VA Medical Administration account funds employees with their feet on the ground, in the hospitals all across America, including in the gentleman's home State.
So, perhaps, unintentionally, I assume unintentionally, this amendment would cut funding needed to fund security at our VA hospitals, it would cut funds needed to provide patient medical information, transcription of patient records, financial management services at our VA hospitals and third-party collection activities.
So, unintentionally, by cutting this funding, it could make it more difficult to even bring third-party funding into the VA system and into the Treasury. So for those reasons, I must rise in opposition to this amendment.
I would be happy to sit down and work on a bipartisan basis to try to find a way to increase the miles reimbursement rate for veterans. I completely agree with the gentleman that the miles reimbursement rates are inadequate.
And I would like to think, given that we increased the medical services account for 2008 by $3.4 billion over the 2007 level, and given that we increased it by $1.7 billion over the President's request for medical services, my hope would be that the VA could seriously look at using those significant increases in funding to address the shortfall that the gentleman has mentioned.
I'm not sure what the authorizing process is. Since this amendment was one I'd never seen prior to, now 4 or 5 minutes ago, I'm not sure if there's a need to authorize funding for this if that authorization has passed both the House and the Senate. I think it might have been in the Wounded Warrior legislation. But there might be an authorization question. Perhaps not.
But I would like to request the gentleman draw down the amendment. He doesn't have to, but I'd be happy to work in good faith, as we've been working all year long, to address legitimate needs. And the gentleman has pointed out a legitimate need.
But I want to be clear. I strongly oppose this amendment because it could hurt medical services provided to veterans by cutting out funding needed to staff our VA hospitals. The source of this money wouldn't be cutting out the Washington, D.C., office staff; it would be cutting out employees that are serving vital roles in our veterans hospitals in the gentleman's home State as well as mine.
