Daniel Akaka

Mr. AKAKA

Mr. AKAKA. Mr. President, today, I am introducing the Mutual Fund Transparency Act of 2009. Mutual funds are vital investment vehicles for middle-income Americans that provide diversification and professional money management. Many working families rely on their mutual fund investments to pay for their children's education, prepare for retirement, and attain other financial goals. I first introduced a version of this legislation in 2003. That fall, appalling abuses of investor trust were exposed. Ordinary investors were being harmed by the greed of brokers, mutual fund employees, and institutional and large investors. The transgressions made it clear that the boards of mutual fund companies were not providing sufficient oversight and failed to adequately protect the interests of their shareholders. After the introduction of my bill, Securities and Exchange Commission, SEC, Chairman William Donaldson proposed several rules that mirrored the provisions in my bill, including a requirement that funds relying on certain exemptive rules have an independent chairman and that 75 percent of board directors be independent. However, legal actions taken against the SEC by the Chamber of Commerce and subsequent inaction under his successor, Chairman Christopher Cox, have prevented the adoption of these rules. The SEC needs additional statutory authority to finish these reforms and ensure that investors can rely on independent mutual fund boards to protect their interests. My bill will ensure the independence of mutual fund boards, increase the transparency of fees and expenses of mutual funds, and impose a fiduciary duty on all investment advisors. I have included in this legislation a number of provisions intended to ensure the independence of mutual fund boards. Poor board governance was a contributing factor to the mutual fund scandals in 2003. Independent directors must have a dominant presence on the board to ensure that investors' interests are the top priority. Once again, my legislation requires mutual fund boards to have an independent chairman and that 75 percent of their members be independent. The legislation strengthens the definition of an independent director. These changes will ensure that the interest of investors will be the paramount priority of the board. My legislation will ensure that investors are provided with relevant and meaningful disclosures from which they can make better informed decisions. Mr. President, my bill will increase the transparency of the complex financial relationship between brokers and mutual fund companies in ways that are both meaningful and easy to understand for investors. Shelf-space payments and revenue-sharing agreements between mutual fund companies and brokers present conflicts of interest that must be disclosed to investors. Without such disclosures, investors cannot make informed financial decisions. Investors may believe that brokers are recommending funds based on the expectation of solid returns or low volatility, when the broker's recommendation may be influenced by hidden broker commissions. I have included a point-of- sale disclosure requirement in my legislation. In my bill, investors would have to be provided with the amount of differential payments and average fees for comparable transactions. My legislation also requires that confirmation notices be provided for mutual fund transactions, which will indicate how their broker was compensated. Investors are not provided with a complete and accurate idea of the expenses involved with owning a particular fund. Consumers often compare the expense ratios of funds when making investment decisions. However, expense ratios fail to take into account the cost of commissions in the purchase and sale of securities. To further increase the transparency of the actual costs of the fund, brokerage commissions must be counted as an expense in filings with the SEC and included in the calculation of the expense ratio. Currently, brokerage commissions are disclosed to the SEC, but not to individual investors. Brokerage commissions are only disclosed to investors upon request. My bill strengthens brokerage commission disclosure provisions and ensures that commissions will be included in a document that investors have access to and can utilize. The inclusion of brokerage commissions in the expense ratio creates an incentive to reduce the use of soft dollars. Soft dollars can be used to lower expenses since most purchases using soft dollars do not count as expenses and are not calculated into the expense ratio. This change will make it easier for investors to know the true cost of the fund and compare the expense ratios of funds meaningfully. When I reintroduced a version of this bill in 2005, I added a provision pertaining to the fiduciary duty of brokers. Although I have modified that provision for the current bill, my intent to apply a fiduciary duty to brokers remains the same. This is an essential provision because it ensures that all financial professionals have the same responsibility to act in the best interests of their clients whether they are an investment advisor or a broker. We must improve the financial literacy of mutual fund investors so that they can make more sound investment decisions. I have included a requirement that the SEC study financial literacy among mutual fund investors. The SEC would be required to develop a strategy to increase the financial literacy of investors that results in positive change in investor behavior. In addition, the bill requires the Comptroller General of the United States to conduct a study on mutual fund advertising and make recommendations to improve investor protections and ensure that investors can make informed financial decisions when purchasing shares. We must enact this vital legislation to help protect the investments that our working families make in mutual funds. These reforms are long overdue. I will build upon the administration's regulatory modernization proposal on fiduciary duty for brokers and pre-sale disclosure of mutual fund expenses. I look forward to working with my friend, SEC Chairman Mary Schapiro, to bring about structural reform in the mutual fund industry and increase disclosures in order to provide useful and relevant information to mutual fund investors. Mr. President, I ask unanimous consent that the text of the bill and letters of support be printed in the Record.

Mr. AKAKA

Mr. AKAKA. Mr. President, today, I am introducing the Mutual Fund Transparency Act of 2009. Mutual funds are vital investment vehicles for middle-income Americans that provide diversification and professional money management. Many working families rely on their mutual fund investments to pay for their children's education, prepare for retirement, and attain other financial goals. I first introduced a version of this legislation in 2003. That fall, appalling abuses of investor trust were exposed. Ordinary investors were being harmed by the greed of brokers, mutual fund employees, and institutional and large investors. The transgressions made it clear that the boards of mutual fund companies were not providing sufficient oversight and failed to adequately protect the interests of their shareholders. After the introduction of my bill, Securities and Exchange Commission, SEC, Chairman William Donaldson proposed several rules that mirrored the provisions in my bill, including a requirement that funds relying on certain exemptive rules have an independent chairman and that 75 percent of board directors be independent. However, legal actions taken against the SEC by the Chamber of Commerce and subsequent inaction under his successor, Chairman Christopher Cox, have prevented the adoption of these rules. The SEC needs additional statutory authority to finish these reforms and ensure that investors can rely on independent mutual fund boards to protect their interests. My bill will ensure the independence of mutual fund boards, increase the transparency of fees and expenses of mutual funds, and impose a fiduciary duty on all investment advisors. I have included in this legislation a number of provisions intended to ensure the independence of mutual fund boards. Poor board governance was a contributing factor to the mutual fund scandals in 2003. Independent directors must have a dominant presence on the board to ensure that investors' interests are the top priority. Once again, my legislation requires mutual fund boards to have an independent chairman and that 75 percent of their members be independent. The legislation strengthens the definition of an independent director. These changes will ensure that the interest of investors will be the paramount priority of the board. My legislation will ensure that investors are provided with relevant and meaningful disclosures from which they can make better informed decisions. Mr. President, my bill will increase the transparency of the complex financial relationship between brokers and mutual fund companies in ways that are both meaningful and easy to understand for investors. Shelf-space payments and revenue-sharing agreements between mutual fund companies and brokers present conflicts of interest that must be disclosed to investors. Without such disclosures, investors cannot make informed financial decisions. Investors may believe that brokers are recommending funds based on the expectation of solid returns or low volatility, when the broker's recommendation may be influenced by hidden broker commissions. I have included a point-of- sale disclosure requirement in my legislation. In my bill, investors would have to be provided with the amount of differential payments and average fees for comparable transactions. My legislation also requires that confirmation notices be provided for mutual fund transactions, which will indicate how their broker was compensated. Investors are not provided with a complete and accurate idea of the expenses involved with owning a particular fund. Consumers often compare the expense ratios of funds when making investment decisions. However, expense ratios fail to take into account the cost of commissions in the purchase and sale of securities. To further increase the transparency of the actual costs of the fund, brokerage commissions must be counted as an expense in filings with the SEC and included in the calculation of the expense ratio. Currently, brokerage commissions are disclosed to the SEC, but not to individual investors. Brokerage commissions are only disclosed to investors upon request. My bill strengthens brokerage commission disclosure provisions and ensures that commissions will be included in a document that investors have access to and can utilize. The inclusion of brokerage commissions in the expense ratio creates an incentive to reduce the use of soft dollars. Soft dollars can be used to lower expenses since most purchases using soft dollars do not count as expenses and are not calculated into the expense ratio. This change will make it easier for investors to know the true cost of the fund and compare the expense ratios of funds meaningfully. When I reintroduced a version of this bill in 2005, I added a provision pertaining to the fiduciary duty of brokers. Although I have modified that provision for the current bill, my intent to apply a fiduciary duty to brokers remains the same. This is an essential provision because it ensures that all financial professionals have the same responsibility to act in the best interests of their clients whether they are an investment advisor or a broker. We must improve the financial literacy of mutual fund investors so that they can make more sound investment decisions. I have included a requirement that the SEC study financial literacy among mutual fund investors. The SEC would be required to develop a strategy to increase the financial literacy of investors that results in positive change in investor behavior. In addition, the bill requires the Comptroller General of the United States to conduct a study on mutual fund advertising and make recommendations to improve investor protections and ensure that investors can make informed financial decisions when purchasing shares. We must enact this vital legislation to help protect the investments that our working families make in mutual funds. These reforms are long overdue. I will build upon the administration's regulatory modernization proposal on fiduciary duty for brokers and pre-sale disclosure of mutual fund expenses. I look forward to working with my friend, SEC Chairman Mary Schapiro, to bring about structural reform in the mutual fund industry and increase disclosures in order to provide useful and relevant information to mutual fund investors. Mr. President, I ask unanimous consent that the text of the bill and letters of support be printed in the Record.

Mr. AKAKA

Mr. AKAKA. Mr. President, I rise today to introduce the Strengthening the Oversight of Nuclear Nonproliferation Act of 2009. This legislation will enhance the ability of Congress to oversee nuclear nonproliferation shortcomings that were identified in the Commission on the Prevention of Weapons of Mass Destruction, WMD, Proliferation and Terrorism's Commission December 2008 report. Just last month, President Obama chaired a session of the United Nations Security Council, where the Security Council unanimously cosponsored and adopted Resolution 1887, which seeks to ``create the conditions for a world without nuclear weapons . . . in a way that promotes international stability.'' Among other actions, the Security Council called on Nations to minimize the use of highly enriched uranium, strengthen export controls on sensitive nuclear technologies, improve nuclear security practices and standards, strengthen efforts to counter the threat of nuclear terrorism, and support the International Atomic Energy Agency's, IAEA, ability to verify the uses of nuclear materials and facilities. The proliferation of WMD is among the greatest threats facing national and international security. We need to commit ourselves to strengthening our nuclear nonproliferation efforts and to take the actions supported by the United Nations Security Council and the Commission. The bill I am introducing today would require an annual report by the President's Coordinator for WMD Proliferation and Terrorism to address the Commission's findings regarding United States nuclear nonproliferation efforts. The report will provide an assessment of IAEA capabilities to detect possible military diversions of nuclear materials; will address actions taken to upgrade the physical security of civilian nuclear facilities in the United States; will identify the measures taken to minimize the use of weapons usable highly enriched uranium; will document the steps taken to implement the Energy Development Program under the Nuclear Non-Proliferation Act of 1978; will compare the security standards at civilian nuclear facilities to those at military facilities; and will detail what the U.S. is spending to promote civilian nuclear energy abroad. The challenges of nuclear proliferation are global in nature and require sustained international collaboration. This bill would further our international efforts by requiring an additional report on the progress of United States Government cooperative efforts with the Director General of IAEA to examine how IAEA could better meet its nuclear safeguard goals; promote the transparency of foreign visitors to safeguarded sites; acquire and implement near-real-time surveillance at sensitive sites; use fees to fund inspections; and require advance notice and analysis of transfers of dual-use nuclear technologies. I have long been a proponent of improving our nonproliferation efforts. Last month, I introduced the Energy Development Program Implementation Act, S. 1675, to support non-nuclear, alternative energy development in developing countries. In addition to this, I called for the Government Accountability Office to examine proliferation risks in IAEA's Technical Cooperation Program and chaired numerous hearings on improving our Nation's nonproliferation capabilities. We should remember that nuclear technology that can be used for peaceful uses may in some cases be used to support dangerous, clandestine programs. I believe that promoting greater international cooperation toward nonproliferation is crucial. This bill would make the U.S. an even stronger partner in these efforts and enhance the ability of Congress to help tackle the dangers of nuclear proliferation. Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. AKAKA

Mr. AKAKA. Mr. President, I rise today to introduce the Strengthening the Oversight of Nuclear Nonproliferation Act of 2009. This legislation will enhance the ability of Congress to oversee nuclear nonproliferation shortcomings that were identified in the Commission on the Prevention of Weapons of Mass Destruction, WMD, Proliferation and Terrorism's Commission December 2008 report. Just last month, President Obama chaired a session of the United Nations Security Council, where the Security Council unanimously cosponsored and adopted Resolution 1887, which seeks to ``create the conditions for a world without nuclear weapons . . . in a way that promotes international stability.'' Among other actions, the Security Council called on Nations to minimize the use of highly enriched uranium, strengthen export controls on sensitive nuclear technologies, improve nuclear security practices and standards, strengthen efforts to counter the threat of nuclear terrorism, and support the International Atomic Energy Agency's, IAEA, ability to verify the uses of nuclear materials and facilities. The proliferation of WMD is among the greatest threats facing national and international security. We need to commit ourselves to strengthening our nuclear nonproliferation efforts and to take the actions supported by the United Nations Security Council and the Commission. The bill I am introducing today would require an annual report by the President's Coordinator for WMD Proliferation and Terrorism to address the Commission's findings regarding United States nuclear nonproliferation efforts. The report will provide an assessment of IAEA capabilities to detect possible military diversions of nuclear materials; will address actions taken to upgrade the physical security of civilian nuclear facilities in the United States; will identify the measures taken to minimize the use of weapons usable highly enriched uranium; will document the steps taken to implement the Energy Development Program under the Nuclear Non-Proliferation Act of 1978; will compare the security standards at civilian nuclear facilities to those at military facilities; and will detail what the U.S. is spending to promote civilian nuclear energy abroad. The challenges of nuclear proliferation are global in nature and require sustained international collaboration. This bill would further our international efforts by requiring an additional report on the progress of United States Government cooperative efforts with the Director General of IAEA to examine how IAEA could better meet its nuclear safeguard goals; promote the transparency of foreign visitors to safeguarded sites; acquire and implement near-real-time surveillance at sensitive sites; use fees to fund inspections; and require advance notice and analysis of transfers of dual-use nuclear technologies. I have long been a proponent of improving our nonproliferation efforts. Last month, I introduced the Energy Development Program Implementation Act, S. 1675, to support non-nuclear, alternative energy development in developing countries. In addition to this, I called for the Government Accountability Office to examine proliferation risks in IAEA's Technical Cooperation Program and chaired numerous hearings on improving our Nation's nonproliferation capabilities. We should remember that nuclear technology that can be used for peaceful uses may in some cases be used to support dangerous, clandestine programs. I believe that promoting greater international cooperation toward nonproliferation is crucial. This bill would make the U.S. an even stronger partner in these efforts and enhance the ability of Congress to help tackle the dangers of nuclear proliferation. Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. AKAKA

Mr. AKAKA. Mr. President, I rise to congratulate and bring my aloha to my good friend, brother, and colleague, Senator Inouye, on reaching this impressive milestone today, becoming the third longest serving Senator in U.S. history. His dedication to public service and to this great country is an inspiration to me and to many others. Senator Inouye has been in Congress ever since Hawaii became a State in 1959. He has been here for 46 years, 9 months, and 20 days. He was in the House and then joined the Senate 3 years later. This historic milestone would be impressive on its own, but it is truly amazing when one considers Senator Inouye's background: a Medal of Honor recipient who lost his arm fighting for America in World War II. He fought for our country while fellow Japanese Americans were being interred in our country. He then became the first Japanese American in Congress. He has fought for our country in battle and in the Congress as well. Senator Inouye will continue working for Hawaii and the United States for many more years to come. It has been a pleasure serving with him in these years representing Hawaii. I, again, extend my aloha, my congratulations to Senator Dan Inouye, and ask for God's blessing upon him and God bless America.

Mr. AKAKA

Mr. AKAKA. Mr. President, today I introduce the Pet Safety and Protection Act of 2009. The legislation amends the Animal Welfare Act to ensure that all companion animals such as dogs and cats used by research facilities are obtained legally. I am pleased to be joined by a number of my colleagues, serving as cosponsors of the legislation including Senator Susan Collins, Senator Frank Lautenberg, Senator Carl Levin, and Senator Robert Menendez. More than 40 years ago, Congress passed the Animal Welfare Act, AWA, to stop the mistreatment of animals and to prevent the unintentional sale of family pets for laboratory experiments. While the AWA has helped to safeguard animals across the country, we still find that the Act does not adequately provide pets and pet owners with reliable protection against the action of some unethical Class B dealers. Of the eleven Class B dealers licensed by the Department of Agriculture, USDA, to sell live dogs and cats for experimentation, one has been issued to a 5-year license suspension. and seven others are under investigation for apparent violations of the AWA. Despite new enforcement guidelines and intensified inspection efforts by USDA, it is nearly impossible to assure that stolen or lost pets will not enter research laboratories via the Class B dealer system. Each year, hundreds of thousands of dollars are spent on regulating Class B dealers. Enactment of the Pet Safety and Protection Act helps reduce the Department of Agriculture's regulatory burden by allowing the Department to use its resources more efficiently and effectively. In order to combat any future violations of the AWA, this bill increases the penalties under the Act to a minimum of $1,000 per violation, in addition to any other existing penalties. My legislation promotes humane treatment of animals and preserves the integrity of research laboratories to obtain animals from legitimate sources, while complying with the AWA. Such legitimate sources include USDA-licensed Class A dealers or breeders; municipal pounds that choose to release dogs and cats for research purposes; legitimate pet owners who want to donate their animals to research; and private and Federal facilities that breed their own animals. These four sources are capable of supplying millions of animals for research, far more cats and dogs than are required by current laboratory demand. A May 2009 study conducted by the National Academies, ``Scientific and Humane Issues in the Use of Random Source Dogs and Cats in Research'' found that while some random-source dogs and cats may be necessary and desirable for research that is funded by the National Institute of Health, NIH, Class B dealers are not necessary to supply such animals for NIH funded research. Further this report makes clear that there are sufficient, alternative sources to acquire animals with characteristics similar to animals provided by Class B dealers. As there are legitimate sources of such animals, the report leave little doubt that Class B dealers are no longer necessary. In light of this recent report, this bill is an appropriate and feasible action, as alternatives to Class B dealers do exist to meet research needs. This bill does not address the larger issue of whether animals should or should not be used in research facilities. In fact, this bill does not impair or impede research. Medical research is one of our primary tools in the discovery of new drugs and surgical techniques that help develop cures for life-threatening diseases and animal research has been, and continues to be, a fundamental part of scientific advancements. Instead, this legislation targets the unethical practice of selling stolen pets and stray animals to research facilities by ending the fraudulent practices of Class B dealers, as well as the unnecessary suffering of animals in their care. I urge my colleagues to support this important legislation. Mr. President, I ask unanimous consent that a letter of support be printed in the Record.

Mr. AKAKA

Mr. AKAKA. Mr. President, today I introduce the Pet Safety and Protection Act of 2009. The legislation amends the Animal Welfare Act to ensure that all companion animals such as dogs and cats used by research facilities are obtained legally. I am pleased to be joined by a number of my colleagues, serving as cosponsors of the legislation including Senator Susan Collins, Senator Frank Lautenberg, Senator Carl Levin, and Senator Robert Menendez. More than 40 years ago, Congress passed the Animal Welfare Act, AWA, to stop the mistreatment of animals and to prevent the unintentional sale of family pets for laboratory experiments. While the AWA has helped to safeguard animals across the country, we still find that the Act does not adequately provide pets and pet owners with reliable protection against the action of some unethical Class B dealers. Of the eleven Class B dealers licensed by the Department of Agriculture, USDA, to sell live dogs and cats for experimentation, one has been issued to a 5-year license suspension. and seven others are under investigation for apparent violations of the AWA. Despite new enforcement guidelines and intensified inspection efforts by USDA, it is nearly impossible to assure that stolen or lost pets will not enter research laboratories via the Class B dealer system. Each year, hundreds of thousands of dollars are spent on regulating Class B dealers. Enactment of the Pet Safety and Protection Act helps reduce the Department of Agriculture's regulatory burden by allowing the Department to use its resources more efficiently and effectively. In order to combat any future violations of the AWA, this bill increases the penalties under the Act to a minimum of $1,000 per violation, in addition to any other existing penalties. My legislation promotes humane treatment of animals and preserves the integrity of research laboratories to obtain animals from legitimate sources, while complying with the AWA. Such legitimate sources include USDA-licensed Class A dealers or breeders; municipal pounds that choose to release dogs and cats for research purposes; legitimate pet owners who want to donate their animals to research; and private and Federal facilities that breed their own animals. These four sources are capable of supplying millions of animals for research, far more cats and dogs than are required by current laboratory demand. A May 2009 study conducted by the National Academies, ``Scientific and Humane Issues in the Use of Random Source Dogs and Cats in Research'' found that while some random-source dogs and cats may be necessary and desirable for research that is funded by the National Institute of Health, NIH, Class B dealers are not necessary to supply such animals for NIH funded research. Further this report makes clear that there are sufficient, alternative sources to acquire animals with characteristics similar to animals provided by Class B dealers. As there are legitimate sources of such animals, the report leave little doubt that Class B dealers are no longer necessary. In light of this recent report, this bill is an appropriate and feasible action, as alternatives to Class B dealers do exist to meet research needs. This bill does not address the larger issue of whether animals should or should not be used in research facilities. In fact, this bill does not impair or impede research. Medical research is one of our primary tools in the discovery of new drugs and surgical techniques that help develop cures for life-threatening diseases and animal research has been, and continues to be, a fundamental part of scientific advancements. Instead, this legislation targets the unethical practice of selling stolen pets and stray animals to research facilities by ending the fraudulent practices of Class B dealers, as well as the unnecessary suffering of animals in their care. I urge my colleagues to support this important legislation. Mr. President, I ask unanimous consent that a letter of support be printed in the Record.

Mr. AKAKA

Mr. AKAKA. Mr. President, I am very pleased that the Senate and House Veterans' Affairs Committees have worked out an agreement on S. 423 and H.R. 1016, the proposed Veterans Health Care Budget Reform and Transparency Act of 2009. With the President's signature, this vital piece of legislation, which I will refer to as the ``Compromise Agreement,'' will authorize, beginning in fiscal year 2011, advance appropriations for certain medical care accounts of the Department of Veterans Affairs by providing 2 fiscal year budget authority. This compromise agreement will provide sufficient, timely, and predictable health care funding to those who have sacrificed a great deal for this Nation. By ensuring advanced appropriations to the medical services, medical support and compliance, and medical facilities accounts, VA will be able to better align its funding cycles and function more effectively. The VA system has experienced recurrent problems with receiving proper and timely appropriations. Funds for VA have been appropriated late in 19 of the past 22 years, and in the past 7 years, such appropriations were only received, on average, 3 months after the commencement of the new fiscal year. In testimony provided to the Senate Committee on Veterans' Affairs in conjunction with a hearing in July of 2007, James Dudley, a former director of the Richmond VA Medical Center, wrote that as a VA hospital administrator he dealt with the ``uncertainty of sufficient resources to meet the needs of the veteran population.'' He went on to say that, ``Our primary concern was always quality of care so we delayed maintenance, construction or equipment purchases to ensure that the patients were cared for.'' Also, because of the uncertainty, requests for supplemental appropriations for VA health care have also increased in frequency during recent years. This compromise agreement will represent a step in the right direction, as VA administrators and directors will be able to more efficiently service veterans with adequate and stable funding to the VA health care system. I recognize mandating a 2-fiscal year budget authority is a serious undertaking, and as such, have worked to have the compromise agreement lead to enhanced oversight of the VA health care budget process. The Comptroller General of the United States will be required to conduct a study of adequacy and accuracy of the budget projections made by VA's enrollee health care projection model or any other model or methodology used to measure health care expenditures, for each fiscal year of the budget request. The Comptroller General's report would be submitted to both the Senate and House Veterans' Affairs Committees no later than 120 days after the date on which the President submits the budget request for the coming fiscal year. Advanced funding is a concept that has been endorsed by The Partnership for Veterans Health Care Budget Reform, an organization made up of nine major veterans service organizations--The American Legion, American Veterans, Blinded Veterans Association, Disabled American Veterans, Jewish War Veterans of the USA, Military Order of the Purple Heart of the USA, Inc., Paralyzed Veterans of America, Veterans of Foreign Wars of the United States, and Vietnam Veterans of America, Inc. It is also endorsed by The Independent Budget; The Military Coalition, an organization of 35 veterans and military service organizations; and the American Federation for Government Employees. I appreciate the support from our colleagues who have cosponsored this legislation, including Veterans' Affairs Committee members Senators Burr, Rockefeller, Murray, Sanders, Brown, Tester, Begich, Burris, Specter, and Isakson. I am also grateful to Senator Snowe for serving as an original cosponsor. This legislation will allow the government to honor its obligation to provide high quality, consistent, and adequate health care to the Nation's veterans and I am gratified will soon become public law. I ask unanimous consent that the Explanatory Statement for this legislation be printed in the Record.

Mr. AKAKA

Mr. AKAKA. Mr. President, I am pleased that the Senate will pass H.R. 2997, the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act for Fiscal Year 2010 conference report. This legislation will fund important programs, such as food safety inspection, agricultural research, and the Supplemental Nutrition Program for Women, Infants, and Children. Programs such as these will benefit the entire Nation. My constituents will additionally benefit from a number of projects located throughout the State of Hawaii. The bill will stimulate food and agricultural development in Hawaii through projects tailored to the State's needs. It will fund continued agricultural development and resource conservation programs through the local, community-based leadership of Hawaii's four Resource Conservation and Development Councils. It will foster food science and agricultural research that meets Hawaii's unique needs and that bolsters American competitiveness in such areas as floriculture, tropical fruit, and aquaculture. Watershed and flood prevention projects in Hawaii also receive appropriate attention in this bill. Recent droughts underscore the importance of watershed projects to increase water storage capacity, delivery system efficiency, and water conservation. Projects on Maui and the Big Island will help make progress on the planning and construction of projects dealing with the limited natural resource of water. Funding in the bill also includes programs to control invasive species in Hawaii such as termites, brown tree snakes, coqui frogs, and other alien pests and weeds that threaten agricultural lands and sensitive ecosystems. Hawaii is the only domestic supplier of varroa mite-free queen bees for honey producers and pollinators, and therefore the mite eradication efforts cultivated by this legislation are of national importance. Similarly, farmers in the continental United States will benefit from the establishment of a facility to provide a secure supply of sterile fruit flies used to control fruit flies that are destructive to fruit crops. Hawaii offers a premier location for rearing sterile fruit flies as four pestiferous fruit fly species are already established there. In sum, this bill will fund programs meeting Hawaii's unique needs in addition to supporting local leadership that will aid agriculture nationally. I am glad to have advocated for this funding and thank the senior Senator from Hawaii, the Chairman of the Appropriations Committee, as well as the Chairman and Ranking Member of the Senate Appropriations Agriculture, Rural Development, and FDA Subcommittee for their work in crafting and managing this bill.

Mr. AKAKA

Mr. AKAKA. Mr. President, I am pleased that the Senate is acting on S. 728, the proposed ``Veterans' Benefits Enhancement Act of 2009.'' This broad benefits package will help veterans young and old, as well as their survivors. The amended bill contains 6 titles and 28 provisions that are designed to enhance compensation, housing, labor and education, burial, and insurance benefits for veterans. A full explanation of the bill is available in the Committee's report accompanying this legislation, Senate Report 111-71. I will highlight a few of the provisions that I have sponsored in the legislation that is before us today. Before I begin, let me state that the version before us today includes a manager's amendment that makes a slight modification on the version passed by the Committee. The amendment's purpose is to pay for the bill's burial provisions by extending a mandatory offset currently in the underlying bill. The amendment would also eliminate two contingent entitlement provisions in the bill which are not paid for with mandatory funds. With this amendment incorporated, this bill would save, rather than cost, the American taxpayers. Many disabled veterans find it difficult to obtain commercial life insurance, often due to their service-connected injuries. This legislation would improve the Service-Disabled Veterans' Insurance program for totally disabled veterans, by providing the first increase in the maximum amount of supplemental insurance they can purchase through SDVI since 1992. If enacted, the maximum amount would increase from the current level of $20,000 to $30,000 for all eligible totally disabled veterans. This legislation would also increase the maximum amount of Veterans' Mortgage Life Insurance that a disabled veteran may purchase. The VMLI program was established in 1971 and is available to those service- connected disabled veterans who receive specially adapted housing grants from VA. In the event of the veteran's death, his or her family is protected because the Department of Veterans Affairs will pay the balance of the mortgage owed up to the maximum amount of insurance purchased. In today's housing market where, according to the Federal Housing Finance Board, the average mortgage loan in the United States in May 2009 was $221,200, the current maximum of $90,000 in VMLI insurance protection is not adequate. This bill will increase the maximum amount of insurance that may be purchased under the VMLI program from the current maximum of $90,000 to $150,000 and then, on January 1, 2012, from $150,000 to $200,000. This benefits package also includes a provision that will expand eligibility for retroactive benefits from traumatic injury protection coverage under the Servicemembers' Group Life Insurance program, commonly referred to as TSGLI. Section 1032 of Public Law 109-13, the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005, established traumatic injury protection under the SGLI program. TSGLI went into effect on December 1, 2005. Therefore, all insured servicemembers under SGLI from that point forward are also insured under TSGLI and their injuries are covered regardless of where they occur. In order to provide assistance to those servicemembers who suffered traumatic injuries on or between October 7, 2001, and November 30, 2005, retroactive TSGLI payments were authorized under section 1032(c) of the Supplemental Appropriations Act to individuals whose qualifying losses were sustained ``as a direct result of injuries incurred in Operation Enduring Freedom or Operation Iraqi Freedom.'' Under section 501(b) of Public Law 109-233, the Veterans' Housing Opportunity and Benefits Improvement Act of 2006, this definition was amended to allow retroactive payments to individuals whose qualifying losses were sustained ``as a direct result of a traumatic injury incurred in the theater of operations for Operation Enduring Freedom and Operation Iraqi Freedom.'' However, without corrective action, men and women who were traumatically injured on or between October 7, 2001, and November 30, 2005, but were not in the OIF or OEF theaters of operation, will continue to be denied the same retroactive payment given to their wounded comrades. This legislation would correct that inequity. Importantly, this legislation will also relieve the burden on certain combat veterans who seek to prove that their disabilities are service- connected. The committee bill would direct VA to promulgate regulations that direct how VA should generally consider lay evidence that is consistent with the place, conditions, dangers, or hardships associated with a particular veteran's military service. For example, in assessing lay testimony concerning a claimant's exposure to sub-freezing conditions, the regulation may acknowledge that lay evidence, such as weather reports or contemporaneous newspaper accounts of sub-freezing conditions, may provide corroboration of exposure to the cold when a servicemember was assigned to an area when sub-freezing conditions were present. Another example would be in a claim alleging hearing loss or tinnitus. Although an individual's service record might not include details of exposure to improvised explosive devices the individual may have been assigned to a particular unit at a particular location where lay evidence shows that the unit was repeatedly exposed to IEDs. Currently, VA provides a special dependency and indemnity compensation payment to a surviving spouse with one or more children under the age of 18. However, these payments are not adjusted. This legislation would provide automatic cost-of-living adjustments for these payments. For veterans whose injuries are so significant that employment is not an option, VA operates an independent living rehabilitation program to help them achieve a maximum level of independence in daily life. Unfortunately, under current law, the number of veterans who in any one year can enroll in these programs is capped at 2,600. While I have heard from VA that this enrollment cap does not present any problem for the effective conduct of the program, I remain concerned that the effect of the cap is to put downward pressure on VA's enrollment of eligible veterans in this very important program. This is of particular concern today, as veterans are returning from the current conflicts with disabilities that may require extensive periods of rehabilitation and assistance in order to achieve independence in their daily lives. This legislation would remove the 2,600 cap and allow all qualified veterans to enroll in VA's independent living program. This legislation would provide many other benefits that I have not mentioned, such as improving the lives of veterans and troops with severe burn injuries and clarifying veteran and reservists' employment rights. I thank the members of the Veterans' Affairs Committee and others in this Chamber who have worked hard to craft the many provisions in this bill. I urge our colleagues to support this important legislation that would benefit many of this Nation's nearly 24 million veterans and their families.

Mr. AKAKA

Mr. AKAKA. Mr. President, I am proud to join Senator Inouye in submitting a resolution commemorating the canonization of Father Joseph Damien de Veuster. Father Damien was born in Tremeloo, Belgium, on January 3, 1840. He is best known for his tireless efforts to provide material and spiritual comforts for leprosy patients at Kalaupapa, Molokai, during the latter half of the 19th century. Beloved by the people of Hawaii and the country of his birth, his selfless service to mankind serves as a model for all of us. Father Damien arrived in Hawaii in 1864 to join the Sacred Hearts Mission in Honolulu. After several years of serving isolated communities on the island of Hawaii, Father Damien became concerned that many of his parishioners that were afflicted by leprosy were forced to separate from their families and sent to Kalaupapa, Molokai and virtually imprisoned. In 1873, Father Damien's request to reside at Molokai and devote his life to serving the people of Kalaupapa was granted. Father Damien's selfless devotion to the patients was evident when in 1876, he told a U.S. medical inspector, ``This is my work in the world. Sooner or later I shall become a leper, but may it not be until I have exhausted my capabilities for good.'' For 16 years, he labored to bring material and spiritual comfort to Kalaupapa's leprosy patients, building chapels, water cisterns, and boys and girls homes. On April 15, 1889, Father Damien died of leprosy, at the age of 49. While his death was a devastating loss, the spiritual foundation that he established for the community of Kalaupapa would forever be remembered by the people of Hawaii. Father Damien is a beloved figure in Hawaii's history, and so noteworthy are his deeds that he is one of the two people from Hawaii who are memorialized here in the Capitol, the other being King Kamehameha, the man who united the Hawaiian Islands. The statue of Father Damien stands proudly, as a reminder of his stewardship and love for Kalaupapa. We must take every opportunity to educate our Nation on Father Damien's life and the history of Kalaupapa. Out of concern that Father Damien's legacy and Kalaupapa's rich history not be forgotten, the Kalaupapa National Historical Park was established in 1980, with a provision that former leprosy patients may remain as long as they wish. The Holy See ruled in April 2008 that Father Joseph Damien de Veuster was responsible for two miracles and The Congregation of the Causes of Saints at the Vatican voted to recommend raising Father Damien to sainthood. In February 2009, the Vatican announced that Father Damien would be canonized on October 11, 2009 in ceremonies at the Vatican. It will be my great honor to attend those ceremonies as part of President Barack Obama's official delegation. Through this recognition, Father Damien and the 8,000 leprosy patients will forever be remembered as a legacy of human spirit and dignity.

Mr. AKAKA

Mr. AKAKA. Madam President, I ask unanimous consent that the order for the quorum call be rescinded.

Mr. AKAKA

Mr. AKAKA. Madam President, I ask unanimous consent to speak as in morning business.

Mr. AKAKA

Mr. AKAKA. Madam President, I rise today to stand in unity with our friends in the Philippines, China, and Vietnam, who are recovering from a terrible natural disaster. Tropical Storm Ketsana struck the Philippines Saturday near Manila, causing massive flooding across the island nation. According to news reports, more than 80 percent of the capital city was submerged by the floods. Footage shows people being swept away by raging torrents, stranded on rooftops without supplies, or wading through waist-high flood water. According to the Associated Press, at least 284 people in the Philippines are confirmed dead, and nearly half a million people have lost their homes. As I speak, rescuers are searching for any remaining survivors. Family members are mourning lost loved ones. Millions of Filipinos across the country are struggling to find clean water, food, medicine, and shelter. I commend the U.S. Embassy in Manila for pledging financial aid to help the Philippine government get life-saving necessities to people living in emergency shelters. I am proud and honored by the work of members of the United States Armed Services. based in the Philippines. Their important mission is to provide counterterrorism training, but in the face of disaster, our troops have heroically conducted a number of life-saving rescues. Now they are helping to distribute supplies. I also thank UNICEF for its large pledge of financial support. In Hawaii, a number of organizations have stepped up to help. The Filipino Community Center, the United Filipino Council of Hawaii, and the Philippine Consulate General of Honolulu are among the organizations raising funds. I am encouraged by all those offering assistance in Hawaii and across the Nation. Unfortunately, Ketsana's path of destruction was not finished at the Philippines. The storm picked up strength over the South China Sea, brushed against the coast of China's Hainan Island, and at full typhoon strength today slammed directly into Vietnam, where at least 23 people have been confirmed dead. Laos, Cambodia, and Thailand are now bracing for heavy rains as the storm moves inland. In the United States, we are no strangers to the horrors of tropical cyclones. We all remember the tragedy of Hurricane Katrina. It hit the gulf coast more than 4 years ago, but many areas are still recovering. In Hawaii, we will never forget Hurricane Iniki, which struck the island of Kauai in 1992, killing six people, destroying homes, hotels, and businesses, and leaving residents in some areas without electricity for months. It took parts of Kauai more than a decade to recover, and some historic buildings have never been rebuilt. The United States stands with our friends in the Philippines, China, and Vietnam as they work to help the survivors. I want to thank everyone who has pitched in to help our friends recover from this terrible disaster. I yield the floor, and I suggest the absence of a quorum.

Mr. AKAKA

Mr. AKAKA. Mr. President, today, with Ranking Member Richard Burr, I have introduced legislation that would authorize the Department of Veterans Affairs to proceed with certain medical facility leases for fiscal year 2010. These leases include facilities in nine different States, including South Carolina, Georgia, California, Alabama, Pennsylvania, North Carolina, Kansas, Texas, and Florida. We are moving this bill at this time because I have been advised that VA can proceed with preliminary steps relating to these leases in advance of an appropriation, if authorization is in place. While I hope that the Senate will pass an appropriations bill for VA as soon as possible, this is something we can do today. I will soon introduce another bill to fully authorize VA's construction projects. In the meantime, I urge my colleagues to support this bill, which will enable VA to secure the space it needs to care for veterans from all conflicts.

Mr. AKAKA

Mr. AKAKA. Mr. President, I rise today to speak in support of the fiscal year 2010 Department of the Interior, Environment, and Related Agencies Appropriations Act. I wish to thank subcommittee Chairman Feinstein and Ranking Member Alexander, as well as committee Chairman Inouye and Vice Chairman Cochran, for their work on this bill. This bill will fund important programs at the Environmental Protection Agency, Department of the Interior, Indian Health Service, Forest Service, Smithsonian Institution, National Endowment for the Arts, and National Endowment for the Humanities. Consequently, it addresses critical needs related to public lands management, environmental protection, Indian Country, and cultural education. I am pleased with the inclusion of a number of initiatives for which I requested funding and that I believe will be of great benefit to Hawaii and our Nation. Therefore, I am very thankful that my colleagues on the Appropriations Committee recognized the need of these programs and backed them with unanimous committee approval. I would like to take this opportunity to discuss these important initiatives. The Omnibus Public Lands Management Act of 2009, which was signed into law earlier this year, includes a bill I introduced in the 110th Congress to authorize appropriations for the National Tropical Botanical Garden, NTBG. Chartered by Congress in 1964, the NTBG collects, cultivates, and preserves tropical flora and conducts research in tropical botany. The NTBG's work has advanced disease treatment, world hunger prevention, and medical education. Funding in this appropriations bill will allow the NTBG to continue to help protect, propagate, and study tropical species that could permit additional scientific advances but are threatened with extinction. The bill will also fund the establishment and construction of a research and education center for the Hawaii Experimental Tropical Forest, HETF. The Hawaii Tropical Forest Recovery Act, which I sponsored and became law in 1992, authorized the establishment of the HETF to be managed as a site for research and education on tropical forestry, conservation biology, and natural resource management. HETF has been home to dozens of research projects since its establishment, and it has been selected as one of the National Science Foundation's 20 core wildland sites of the National Ecological Observatory Network and a site of the Forest Service's Experimental Forest and Range Synthesis Network. Construction of the center will further HETF's mission to improve the conservation and scientific understanding of tropical forests, a natural resource of global significance. The James Campbell National Wildlife Refuge will receive funding in this bill to help provide for the acquisition of the remaining parcels on Oahu's northern shore to complete the expansion of the Refuge. The expansion would add approximately 1,100 acres and ensure protection of the largest natural coastal wetland and last remaining natural coastal dune ecosystem on Oahu. It is a premier endangered Hawaiian waterbird recovery area and supports four endangered Hawaiian waterbirds and a variety of migratory shorebirds and waterfowl. I was pleased to be an original cosponsor of the 2005 legislation that authorized such expansion and believe that securing the remaining parcels will aid in preserving the wetland's natural floodwater retention function. In addition, the invasive species management project in Hawaii included in this bill will help to reduce the impact of established invasive species in the State and support ongoing efforts to prevent the introduction of new ones. Hawaii's delicate insular ecosystems are home to over 300 endangered species, which is more than any other State, and the primary factor limiting their recovery and contributing to their decline in Hawaii is the continued presence of ecologically harmful invasive species. Thus, continued vigilance and action is needed to safeguard these species and their habitats, which are so important both nationally, in terms of biodiversity, and locally, in terms of agriculture, tourism, and culture. I am also pleased the funding in this appropriations bill that will support the Native Hawaiian Culture and Arts Program, NHCAP, which preserves, supports, revitalizes, and develops Native Hawaiian arts and culture. NHCAP's efforts are focused on assisting Native Hawaiians to be practitioners of their culture and to share knowledge of and celebrate Hawaiian art and culture. NHCAP projects include educational programs, exhibits, publications, and increased access to the Bishop Museum's vast cultural collections of artifacts, documents, and images. These projects foster Native Hawaiian cultural preservation, create important educational opportunities for youth, and promote the sort of understanding necessary in a multicultural nation and increasingly interconnected world. As population grows on islands with limited freshwater resources, information to evaluate the sustainability of water resources is needed to make informed decisions that balance environmental protection with economic opportunity. The resources that this bill supports for well monitoring and water assessment in my State will enable continued work with stakeholders to provide information on water resources so that they can be managed in a sustainable and legally compliant basis. It will also provide for the operation of stream gauges, which supply data important to signaling flood conditions, improving long-term planning, examining climate change, and measuring water availability and quality. In all, funding for our national priorities in such areas as environmental protection, Federal lands, and cultural education is complemented in this bill by these six Hawaii programs that drive progress on research, education, planning, and preservation related to natural and cultural resources across my home state for the benefit of my constituents and the country as a whole. Again, I thank my colleagues for their support of these initiatives and urge continued support in conference.

Mr. AKAKA

Mr. AKAKA. Mr. President, I wish to congratulate two outstanding educators from my State, elementary school teachers Liane Tanigawa of Pearl Ridge Elementary School and Seanyelle Yagi of Kanewai Elementary School, for receiving the Presidential Award for Excellence in Mathematics and Science Teaching, PAEMST. The PAEMST, administered by the National Science Foundation on behalf of the White House Office of Science and Technology Policy, is the highest recognition that a mathematics or science teacher may receive. Since the program's inception in 1983, more than 3,900 educators nationwide have been recognized for their contribution to mathematics and science education. As a former educator and principal, I know firsthand of the countless hours that go into creating curricula, and it makes me proud to see outstanding teachers receive recognition for their hard work. The dedication of Liane and Seanyelle to their field and to the children of Hawaii is undeniable. I congratulate them both for receiving this outstanding recognition, and I wish them the very best in their future endeavors.

Mr. AKAKA

Mr. AKAKA. Mr. President, I rise today to introduce The Energy Development Program Implementation Act of 2009. This legislation provides a mechanism to guide the implementation of title V of the Nuclear Non-Proliferation Act of 1978, which requires the United States to work with developing countries in assessing and finding ways to meet their energy needs through non- nuclear, alternative energy sources. Although title V of the Nuclear Non-Proliferation Act was passed into law more than 30 years ago, Congress did not put an implementation framework into place, and the Executive Branch never implemented the provisions. Back then, there may have been skepticism about the economic viability of alternative energy resources, but in the past 30 years there have been significant advances in the technology supporting alternative energy resources, and today there is broader agreement that the development of these resources is important for economic development, environmental sustainability, and national security. This bill provides economic and environmental benefits to developing countries and diplomatic benefits for the U.S. Through the implementation of the Energy Development Program supported by this bill, developing countries will be provided energy assessments, receive support in evaluating energy alternatives, and be able to work on cooperative projects with United States energy experts on resource exploration, production, training, and research and development. This bill will further international collaboration around alternative energy sources and allow the United States to take on a stronger leadership role in this effort. In addition to providing economic and environmental benefits, this bill supports international efforts to prevent nuclear proliferation. The bipartisan Commission on the Prevention of Weapons of Mass Destruction Proliferation and Terrorism recently recommended the implementation of title V because it will lower the risk of nuclear proliferation as developing countries are encouraged to focus more on non-nuclear, alternative energy sources. Providing concrete technical assistance to promote those energy sources in developing countries reduces the inherent risk that accompanies the wider proliferation of nuclear technology and materials. We should remain mindful that the same nuclear technology that can be used for peaceful, civilian uses may in some cases be used to support covert or potentially dangerous nuclear programs. At my request, the Government Accountability Office, GAO, reviewed the International Atomic Energy Agency's, IAEA, Technical Cooperation, TC, Program, which supports peaceful uses of nuclear energy, including nuclear power, by providing nuclear equipment, training, and fellowships to IAEA member states. The U.S. provides approximately 25 percent of its annual budget. GAO found that the U.S. faces difficulty in assessing the nature of the nuclear assistance provided under that program, and that state sponsors of terrorism, including Iran, Syria, Sudan, and Cuba had received funding under the program. For instance, GAO reported that Iran requested assistance to complete a research reactor that could have been used for both civilian and military applications. Fortunately, IAEA denied this assistance, but this example highlights the inherent proliferation risks of nuclear power and the benefit of focusing more on alternative energy sources. This bill puts into place an implementation mechanism to support this effort. It requires the Secretary of Energy, in cooperation with the Secretary of State and the administrator of the U.S. Agency for International Development, to develop strategic and implementation plans for the Energy Development Program. The Secretary of Energy will then be required to carry out the implementation of the program according to those plans. The Energy Development Program would be supported by the exchange of energy experts, scientists, and technicians with developing countries. Federal employees will have an opportunity to work with developing countries on energy assessments and projects focused on finding and developing non-nuclear, alternative sources of energy, while retaining their seniority and other rights and benefits within their home agencies. They will be able to share their expertise with professionals in developing countries and also bring back new ideas and perspectives from overseas that could help us in our own efforts to develop alternative energy sources. The time has come to implement title V of the Nuclear Non- Proliferation Act. This legislation will put that process in motion. The benefits of this program have global impact as we assist developing countries in meeting their energy needs with alternative energy sources, reduce the risk of nuclear proliferation, and take a more prominent leadership role in developing alternative energy sources. Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. AKAKA

Mr. AKAKA. Mr. President, I rise today to introduce The Energy Development Program Implementation Act of 2009. This legislation provides a mechanism to guide the implementation of title V of the Nuclear Non-Proliferation Act of 1978, which requires the United States to work with developing countries in assessing and finding ways to meet their energy needs through non- nuclear, alternative energy sources. Although title V of the Nuclear Non-Proliferation Act was passed into law more than 30 years ago, Congress did not put an implementation framework into place, and the Executive Branch never implemented the provisions. Back then, there may have been skepticism about the economic viability of alternative energy resources, but in the past 30 years there have been significant advances in the technology supporting alternative energy resources, and today there is broader agreement that the development of these resources is important for economic development, environmental sustainability, and national security. This bill provides economic and environmental benefits to developing countries and diplomatic benefits for the U.S. Through the implementation of the Energy Development Program supported by this bill, developing countries will be provided energy assessments, receive support in evaluating energy alternatives, and be able to work on cooperative projects with United States energy experts on resource exploration, production, training, and research and development. This bill will further international collaboration around alternative energy sources and allow the United States to take on a stronger leadership role in this effort. In addition to providing economic and environmental benefits, this bill supports international efforts to prevent nuclear proliferation. The bipartisan Commission on the Prevention of Weapons of Mass Destruction Proliferation and Terrorism recently recommended the implementation of title V because it will lower the risk of nuclear proliferation as developing countries are encouraged to focus more on non-nuclear, alternative energy sources. Providing concrete technical assistance to promote those energy sources in developing countries reduces the inherent risk that accompanies the wider proliferation of nuclear technology and materials. We should remain mindful that the same nuclear technology that can be used for peaceful, civilian uses may in some cases be used to support covert or potentially dangerous nuclear programs. At my request, the Government Accountability Office, GAO, reviewed the International Atomic Energy Agency's, IAEA, Technical Cooperation, TC, Program, which supports peaceful uses of nuclear energy, including nuclear power, by providing nuclear equipment, training, and fellowships to IAEA member states. The U.S. provides approximately 25 percent of its annual budget. GAO found that the U.S. faces difficulty in assessing the nature of the nuclear assistance provided under that program, and that state sponsors of terrorism, including Iran, Syria, Sudan, and Cuba had received funding under the program. For instance, GAO reported that Iran requested assistance to complete a research reactor that could have been used for both civilian and military applications. Fortunately, IAEA denied this assistance, but this example highlights the inherent proliferation risks of nuclear power and the benefit of focusing more on alternative energy sources. This bill puts into place an implementation mechanism to support this effort. It requires the Secretary of Energy, in cooperation with the Secretary of State and the administrator of the U.S. Agency for International Development, to develop strategic and implementation plans for the Energy Development Program. The Secretary of Energy will then be required to carry out the implementation of the program according to those plans. The Energy Development Program would be supported by the exchange of energy experts, scientists, and technicians with developing countries. Federal employees will have an opportunity to work with developing countries on energy assessments and projects focused on finding and developing non-nuclear, alternative sources of energy, while retaining their seniority and other rights and benefits within their home agencies. They will be able to share their expertise with professionals in developing countries and also bring back new ideas and perspectives from overseas that could help us in our own efforts to develop alternative energy sources. The time has come to implement title V of the Nuclear Non- Proliferation Act. This legislation will put that process in motion. The benefits of this program have global impact as we assist developing countries in meeting their energy needs with alternative energy sources, reduce the risk of nuclear proliferation, and take a more prominent leadership role in developing alternative energy sources. Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. AKAKA

Mr. AKAKA. Mr. President, I rise today to pay tribute to my friend from Massachusetts, Senator Edward Moore Kennedy, who improved the lives of so many people during his 46 years of service in the Senate. My warm aloha and prayers continue to be with Vicki Kennedy, staff members, the Kennedy family, and his many friends. Senator Kennedy's extraordinary life-long commitment to public service produced a proud legacy that has included expanding access to quality of health care and education, protecting and empowering our Nation's workforce, ensuring civil and voting rights, and protecting our Nation's natural and cultural resources. Before outlining several of Senator Kennedy's important achievements, I want to share a story that demonstrates our shared commitment to helping working families and his optimistic outlook about the future despite temporary disappointments. A beaming Senator Kennedy flagged me down on the morning of March 2, 2005. He asked me if I had seen the Washington Post. In an editorial criticizing the bankruptcy overhaul under consideration in the Senate, the Post indicated the bill could be made more fair by the inclusion of several amendments by Senator Kennedy intended to protect consumers and my amendment to better inform consumers about the true costs associated with credit card use. After my amendment was defeated, Senator Kennedy was the first member to approach me. He complimented me for my work and told me that we would win on the amendment one day. Senator Kennedy was right. It took me another four years, but my credit card minimum payment warning and credit counseling referral legislation was enacted this May as part of the credit card reform law. As an eternal optimist, Senator Kennedy never stopped advocating for the causes so important to working families such as increasing access to quality health care. Senator Kennedy helped establish community health centers, the Children's Health Insurance program, and programs that assist individuals suffering from HIV/AIDS. These are just a few of the many health accomplishments that Senator Kennedy helped bring about that improve the quality of life for millions of people in our country. Despite continuing to battle cancer, Senator Kennedy's passion to expand access to quality health care never ceased. Senator Kennedy had an enormous impact on education policy. He championed early childhood education through his support of Head Start and creation of Early Head Start. His work in reauthorizing the Elementary and Secondary Education Act included improvements such as the Star Schools Program Assistance Act, which improves instruction in critical areas such as mathematics, science, and foreign languages, as well as the No Child Left Behind Act, which requires standards-based assessments for elementary and middle school students among other reforms. With regard to higher education, Senator Kennedy supported the creation of the Pell Grant program, Direct Lending program, and Ensuring Continued Access to Student Loans Act to aid Americans in paying for college. Throughout his efforts in education policy, he recognized the needs of underserved populations, and endeavored to make education more affordable. I also appreciated his working with me on the Excellence in Economics Education authorization and subsequent funding requests so that more children could be better prepared for the financial decisions they will have to make as consumers, investors, and heads of households. I also greatly appreciate all of the work done by Senator Kennedy to improve the lives of members of our Nation's workforce. Senator Kennedy helped increase the Federal minimum wage 16 times. He fought for strong workplace health and safety standards, promoted equal pay for equal work, and secure retirement benefits. Senator Kennedy believed the right of workers to unionize and bargain collectively was fundamental and was always a tireless advocate for this cause. In addition, Senator Kennedy was a champion of our Federal workers and opposed efforts to outsource Federal jobs and erode workers' rights. I recall his staunch opposition to weaken the a rights of Department of Defense and Department of Homeland Security employees and his strong statements in support of granting Transportation Security Administration Security officers real rights and protections. Senator Kennedy's career-long dedication to ensuring civil and voting rights helped bring about numerous changes that have made our country stronger, more equitable, and just. He condemned the poll tax, led efforts to lower the voting age to 18, and removed voting barriers. His fierce and noble opposition to discrimination by race, ethnicity, gender, age, disability, sexual orientation, or religion guided much of his work. Senator Kennedy's advocacy for natural and cultural resources helped advance the protection of our environment for our benefit now and into the future. He was an important supporter of energy efficiency programs, including those that aid Americans most in need, and he helped improve fuel economy standards and energy research and development. His work led to the enhanced preservation of numerous treasured resources in Massachusetts including the Minute Man National Historic Park, the Taunton River, the New England Scenic Trail, the Freedom's Way National Heritage Corridor, the Boston Harbor Islands, the Quinebaug-Shetucket National Heritage Corridor, Essex National Heritage Area, and the Lowell National Historical Park. In addition to his accomplishments and advocacy on behalf of the people of our country, I will remember Ted Kennedy as a true friend, always generous with his assistance and time. For many years, my desk was next to Senator Kennedy's. He welcomed me to the Senate and always provided sound advice and guidance. In 1990, despite the long journey, Senator Kennedy came to Hawaii to help me during my first Senate campaign. I remember the rally that we held in Honolulu at McKinley High School as being one of the largest ever held in Hawaii. We also had a memorable visit to an early childhood development program. Footage of the event was recently replayed on the news in Hawaii, showing Senator Kennedy and me singing Itsy, Bitsy, Spider with the children. We toured Kapiolani Children's Hospital where we saw the devastating effect that crystal meth was having on families. Senator Kennedy visited the University of Hawaii's John F. Kennedy Theatre, where he received an award for his work on health care. He spoke eloquently about our Great Country, Congressional debates, civil rights, and economic empowerment programs. I, along with every Member of this body, will very much miss our friend from Massachusetts. Senator Kennedy's extraordinary work has improved the quality of life for so many people. We can honor his memory by continuing to work to address the issues Senator Kennedy was so passionate about such as meaningful health care and immigration reform. I say aloha to my good friend and colleague, Senator Kennedy. Mr. President, I yield the floor.

Mr. AKAKA

Mr. AKAKA. Mr. President, I ask unanimous consent that the previous order with respect to the vote on confirmation of the nomination of Cass Sunstein be modified to provide that the vote on confirmation occur at 3:40 p.m., with the other provisions remaining in order.

Mr. AKAKA

Mr. AKAKA. Mr. President, I rise today in support of the Travel Promotion Act of 2009. I would like to commend Senator Dorgan for introducing this important legislation as well as Majority Leader Reid, Senator Inouye and other colleagues who have helped craft this measure to promote foreign travel and tourism to the United States. Tourism is crucial to the economy of our Nation. Many jobs are created in the retail and wholesale sectors as a direct result of the industry. These jobs are in addition to employment opportunities offered by hotel, travel, restaurant, and leisure businesses. My home State of Hawaii is especially dependent on tourism. It is Hawaii's No. 1 economic-growth asset. Hawaii is severely vulnerable to international events and fluctuations in the global economy. After 9/11, in the last quarter of 2001 and the first quarter of 2002, Hawaii's international visitors decreased by 35.4 and 20.3 percent, respectively. Similarly, as the economy spiraled downward in September 2008, Hawaii's international visitors decreased by 4.6 and 5.1 percent in the last quarter of 2008 and the first quarter of 2009. Our State welcomes many visitors from Asia, in particular Japan, whose economy is projected to decline by 5.9 percent in 2009. Waikiki, a destination for visitors from all across the globe, accounted for about 8 percent of Hawaii's gross State product, 10 percent of civilian jobs, and 12 percent of tax revenues in 2002, according to the Hawaii Department of Business, Economic Development, and Tourism, DBEDT. The department reported that for the month of July 2009, tourist expenditures decreased by 12.4 percent, or $126.7 million, compared to the prior year. Hawaii public and private sector leaders have been proactive in marketing Hawaii as the destination of choice for visitors throughout the world. The Hawaii State government commits millions of dollars of public funds to market, advertise, and promote Hawaii. However, this is not enough. We need to apply economies of scale and work to market the United States as a destination as other countries already do. While many governments have increased its international visitor market share by promoting their tourism industry, our country primarily relies on States to promote themselves. We have not realized the fullest potential of our promotional dollars. We need to maximize the effectiveness of our resources in an effort to attract more international visitors to enjoy the beauty and richness of our country. The Travel Promotion Act of 2009 will help accomplish this goal. This bill would establish a Corporation for Travel Promotion as a nonprofit corporation, to create a nationally coordinated travel program. The program would be charged to encourage travel to the United States and will promote our Nation as a visitor destination. It will create jobs and stimulate the economy. I urge my colleagues to support the Travel Promotion Act of 2009.

Mr. AKAKA

Mr. AKAKA. Mr. President, I am very gratified that the Senate is acting on S. 423, the proposed Veterans Health Care Budget and Transparency Act of 2009. This bill would authorize, beginning in fiscal year 2011, advance appropriations for certain medical care accounts of the Department of Veterans Affairs by providing two fiscal year budget authority. The Committee on Veterans' Affairs held a hearing on pending health care legislation on April 22, 2009, during which the Committee received testimony on S. 423. Support for this bill was voiced by the Department of Veterans Affairs, Disabled American Veterans, American Federation of Government Employees, and Paralyzed Veterans of America. The Committee ordered the bill reported on May 21, 2009. The Committee report--S. Rpt, 111-041--was filed on July 8, 2009. In 19 of the past 22 fiscal years, final VA appropriations have been enacted late and requests for supplemental appropriations for VA health care have increased in frequency during recent years. Over the past 7 years, final VA appropriations were late approximately 3 months on average. While there has been some impact on the timeliness and overall quality of VA care from these financial and management difficulties in the past, there is a serious concern that continued funding problems could significantly weaken the quality of veterans' health care. Providing sufficient, timely and predictable funding to the VA health care system would mitigate these dangers and allow VA administrators and directors to more efficiently and effectively provide medical care to veterans. Advanced funding would allow the VA to function more effectively, to better align with funding cycles, and to avoid annual partisan political maneuvering. Through appropriating funds in advance to the medical services, medical support and compliance, and medical facilities accounts, we can avoid any disruption to the provision of adequate and timely health care to those who have sacrificed a great deal for this nation. I understand that authorizing advanced appropriations is a serious endeavor and as such have made sure this legislation also enhances oversight of the VA health care budget process. The Comptroller General of the United States will be required to conduct a study of adequacy and accuracy of the budget projections made by VA's Enrollee Health Care Projection Model and any other model or methodology used to measure health care expenditures. The study would cover the five fiscal years included in each budget submission; however, the focus is intended to be upon the fiscal year for which the advance appropriation would be made. These reports would be submitted to the appropriate committees of Congress no later than the date on which the President submits the budget request for the following fiscal year. This bill has received support from a myriad of organizations including The Partnership for Veterans Health Care Budget Reform, The Independent Budget Veterans Service Organizations, The Military Coalition, and the American Federation for Government Employees. I thank them for their efforts and ongoing commitment to this legislation. I thank the many Senators who have cosponsored this legislation, including Committee members Senators Burr, Rockefeller, Murray, Sanders, Brown, Tester, Begich, Burris, Specter and Isakson. I am also delighted that Senator Snowe was an original cosponsor of this bill and has worked hard in support of it. Mr. President, this legislation will bring much needed stability and predictability to the VA health care system and consistent, high- quality health care to the veterans and I am delighted with today's action by the Senate. The bill was ordered to be engrossed for a third reading and was read the third time.

Mr. AKAKA

Mr. AKAKA. Mr. President, I rise today in support of the confirmation of Judge Sonia Sotomayor to be an Associate Justice of the U.S. Supreme Court. She has received support from many parts of the community. The Judiciary Committee has received many letters of support for Judge Sotomayor's nomination, from current and former public officials, including the National Association of Latino Elected and Appointed Officials, the Congressional Asian Pacific American Caucus, former President Bill Clinton, as well as former Judge Advocates General. These letters of support continue to come. Judge Sotomayor is well qualified, with significant judicial experience. After graduating from Yale Law School, she worked in the New York County District Attorney's Office prosecuting criminal cases such as homicides and robberies, child pornography, police misconduct, and fraud cases. She then spent over 7 years in private practice working with large corporations on international business issues. In 1992, Judge Sotomayor was appointed by President George H.W. Bush to the Southern District Court of New York. Six years later she was appointed by President Clinton to the Second Circuit Court of Appeals where she has served for more than 10 years. Throughout her career, Judge Sotomayor has displayed a keen intellect and an understanding of the world around her. She knows the law and knows firsthand how it affects Americans' daily lives. If confirmed, Judge Sotomayor will be the first Hispanic Justice and the third female Justice to sit on the Supreme Court. Her confirmation would make the Supreme Court more reflective of our great and diverse Nation. She brings a rich background and a wealth of experience and understanding of American life that will have an impact on the cases before the Court. As other Justices have noted, the unique personal story of each Supreme Court Justice allows them to better understand the parties before them and to better apply the law to the facts at hand. She has a deep understanding of the real lives of Americans--how her decisions can affect not only the parties before her but society at large. In June, I had the pleasure to meet with Judge Sotomayor. During our meeting we talked about Hawaii, its history, and its culture. We talked about how being an island State forces us to work together to resolve challenges and how our diverse culture helps us find unique solutions. Judge Sotomayor understands that. She knows our diversity ultimately makes America stronger. Her commonsense approach to the law gives Americans reason to believe that she will be an unbiased and fair-minded Supreme Court Justice. In fact, Judge Sotomayor's record demonstrates her realistic approach to deciding cases and her fair treatment of the parties before her. She has a long record of judicial restraint and respect for our constitutional freedoms, established precedent, and the other branches of the government, including the lawmaking role of Congress. Last month we watched as she handled her confirmation hearing with poise and composure. She addressed the committee members' questions with thoughtfulness and respect. She demonstrated that she is up to the challenge and the great responsibility of serving on the Supreme Court. I am confident, based on her experience and background, that she will make an excellent addition to the U.S. Supreme Court. I urge my colleagues to focus on her qualifications, her life experience, and her judgment and join me in supporting Judge Sotomayor's confirmation. Mr. President, I ask unanimous consent that the letters I mentioned at the beginning of my remarks be printed in the Record.

Mr. AKAKA. Mr. President, I yield the floor, and I suggest the absence of a quorum.