Daniel Akaka

Mr. AKAKA

Mr. AKAKA. Mr. President, this is an important day for Congress, for veterans, and their families. Today we take another step towards securing timely, predictable funding for the Veterans Health Care system. Our plan will create a transparent funding process that will yield sufficient, on-time funding that will enable VA to care for veterans more effectively. Historically, VA's health care system has been plagued by underfunding. Only a few years ago, VA reported a shortfall of over $1 billion dollars. VA has had to come back to Congress repeatedly to get supplementary funding for health care costs. Fortunately, in the past two years, we have begun to change course, by providing record-funding to meet the increased needs of veterans and their families. Even with sufficient funding, however, the money for VA has been provided late in 19 of the past 22 fiscal years. Sometimes, the appropriations have come as late as February, when VA needed the funds to spend in the preceding October. Funding levels and the timing of funding depend on the federal appropriations process--a process vulnerable to partisan posturing and last minute changes. This means that the largest health care system in the country--to which millions of wounded and indigent veterans turn to for care--does not know what funds it will receive, when it will be funded, or, in reality, whether vital programs will receive funding at all. This is no way to finance a national health care system with such a sacred obligation. Today we suggest a better option. I am proud to introduce the Senate- version of the Veterans Health Care Budget Reform Act. This bill would require that veterans' health care be funded one-year in advance of the regular appropriations process. Unlike Medicare and Medicaid, veterans' health care would not be funded as an entitlement: Congress would still review and manage funding, as necessary, so as to maintain oversight. By knowing what funding they will receive one year in advance, VA would be able to plan more efficiently, and better use taxpayer dollars to care for veterans. In addition to improving timeliness, this bill will deliver a more transparent funding process. A GAO audit and public report to Congress on VA funding would be provided annually. I am proud to join a number of our nation's leading veterans' organizations, and a bipartisan team of supporters from the House and Senate in calling for this bill's passage. Joining me as cosponsors on this bill are Senators Snowe, Johnson, Rockefeller, Sanders, Tester, Begich, Bingaman, Boxer, Feingold, Landrieu, Lautenberg, Menendez, Murkowski, Stabenow, Thune, Vitter, and Mr. Schumer. Now is the time to secure timely, predictable veterans' health care funding. Mr. President, and I ask unanimous consent that the text of the bill be printed in the Record.

Mr. AKAKA

Mr. AKAKA. Mr. President, this is an important day for Congress, for veterans, and their families. Today we take another step towards securing timely, predictable funding for the Veterans Health Care system. Our plan will create a transparent funding process that will yield sufficient, on-time funding that will enable VA to care for veterans more effectively. Historically, VA's health care system has been plagued by underfunding. Only a few years ago, VA reported a shortfall of over $1 billion dollars. VA has had to come back to Congress repeatedly to get supplementary funding for health care costs. Fortunately, in the past two years, we have begun to change course, by providing record-funding to meet the increased needs of veterans and their families. Even with sufficient funding, however, the money for VA has been provided late in 19 of the past 22 fiscal years. Sometimes, the appropriations have come as late as February, when VA needed the funds to spend in the preceding October. Funding levels and the timing of funding depend on the federal appropriations process--a process vulnerable to partisan posturing and last minute changes. This means that the largest health care system in the country--to which millions of wounded and indigent veterans turn to for care--does not know what funds it will receive, when it will be funded, or, in reality, whether vital programs will receive funding at all. This is no way to finance a national health care system with such a sacred obligation. Today we suggest a better option. I am proud to introduce the Senate- version of the Veterans Health Care Budget Reform Act. This bill would require that veterans' health care be funded one-year in advance of the regular appropriations process. Unlike Medicare and Medicaid, veterans' health care would not be funded as an entitlement: Congress would still review and manage funding, as necessary, so as to maintain oversight. By knowing what funding they will receive one year in advance, VA would be able to plan more efficiently, and better use taxpayer dollars to care for veterans. In addition to improving timeliness, this bill will deliver a more transparent funding process. A GAO audit and public report to Congress on VA funding would be provided annually. I am proud to join a number of our nation's leading veterans' organizations, and a bipartisan team of supporters from the House and Senate in calling for this bill's passage. Joining me as cosponsors on this bill are Senators Snowe, Johnson, Rockefeller, Sanders, Tester, Begich, Bingaman, Boxer, Feingold, Landrieu, Lautenberg, Menendez, Murkowski, Stabenow, Thune, Vitter, and Mr. Schumer. Now is the time to secure timely, predictable veterans' health care funding. Mr. President, and I ask unanimous consent that the text of the bill be printed in the Record.

Mr. AKAKA

Mr. AKAKA. Mr. President, the Committee on Veterans' Affairs has adopted rules governing its procedures for the 111th Congress. Pursuant to rule XXVI, paragraph 2, of the Standing Rules of the Senate, on behalf of myself and Senator Burr, I ask unanimous consent to have a copy of the committee rules be printed in the Record.

Mr. AKAKA

Mr. AKAKA. Mr. President, today, as Chairman of the Senate Committee on Veterans' Affairs, I introduce the Veterans' Compensation Cost-of- Living Adjustment Act of 2009. This measure would direct the Secretary of Veterans Affairs to increase, effective December 1, 2009, the rates of veterans' compensation to keep pace with the rising cost-of-living in this country. The rate adjustment is equal to that provided on an annual basis to Social Security recipients and is based on the Consumer Price Index. All of my colleagues on the Committee on Veterans' Affairs, including Senators Burr, Rockefeller, Murray, Sanders, Brown, Webb, Tester, Begich, Burris, Specter, Isakson, Wicker, Johanns, and Graham join me in introducing this important legislation. I appreciate their continued support of our nation's veterans. Congress regularly enacts an annual cost-of-living adjustment for veterans' compensation in order to ensure that inflation does not erode the purchasing power of the veterans and their families who depend upon this income to meet their daily needs. This past year Congress passed, and the President signed into law, Public Law 110-324, which resulted in a COLA increase of 5.8 percent for 2009. The 2010 COLA has not yet been determined. The COLA affects, among other benefits, veterans' disability compensation and dependency and indemnity compensation for surviving spouses and children. Many of the more than 3 million recipients of those benefits depend upon these tax-free payments not only to provide for their own basic needs, but those of their spouses and children as well. Without an annual COLA increase, these veterans and their families would see the value of their hard-earned benefits slowly diminish, and we, as a Congress, would be neglecting our duty to ensure that those who sacrificed so much for this country receive the benefits and services to which they are entitled. It is important that we view veterans' compensation, including the annual COLA, and indeed all benefits earned by veterans, as a continuing cost of war. It is clear that the ongoing conflicts in Iraq and Afghanistan will continue to result in injuries and disabilities that will yield an increase in claims for compensation. Currently, there are nearly 3 million veterans in receipt of VA disability compensation. Disbursement of disability compensation to our nation's veterans constitutes one of the central missions of the Department of Veterans Affairs. It is a necessary measure of appreciation afforded to those veterans whose lives were forever altered by their service to this country. I urge our colleagues to support passage of this COLA increase. I also ask our colleagues for their continued support for our nation's veterans.

Mr. AKAKA

Mr. AKAKA. Mr. President, today, as Chairman of the Senate Committee on Veterans' Affairs, I introduce the Veterans' Compensation Cost-of- Living Adjustment Act of 2009. This measure would direct the Secretary of Veterans Affairs to increase, effective December 1, 2009, the rates of veterans' compensation to keep pace with the rising cost-of-living in this country. The rate adjustment is equal to that provided on an annual basis to Social Security recipients and is based on the Consumer Price Index. All of my colleagues on the Committee on Veterans' Affairs, including Senators Burr, Rockefeller, Murray, Sanders, Brown, Webb, Tester, Begich, Burris, Specter, Isakson, Wicker, Johanns, and Graham join me in introducing this important legislation. I appreciate their continued support of our nation's veterans. Congress regularly enacts an annual cost-of-living adjustment for veterans' compensation in order to ensure that inflation does not erode the purchasing power of the veterans and their families who depend upon this income to meet their daily needs. This past year Congress passed, and the President signed into law, Public Law 110-324, which resulted in a COLA increase of 5.8 percent for 2009. The 2010 COLA has not yet been determined. The COLA affects, among other benefits, veterans' disability compensation and dependency and indemnity compensation for surviving spouses and children. Many of the more than 3 million recipients of those benefits depend upon these tax-free payments not only to provide for their own basic needs, but those of their spouses and children as well. Without an annual COLA increase, these veterans and their families would see the value of their hard-earned benefits slowly diminish, and we, as a Congress, would be neglecting our duty to ensure that those who sacrificed so much for this country receive the benefits and services to which they are entitled. It is important that we view veterans' compensation, including the annual COLA, and indeed all benefits earned by veterans, as a continuing cost of war. It is clear that the ongoing conflicts in Iraq and Afghanistan will continue to result in injuries and disabilities that will yield an increase in claims for compensation. Currently, there are nearly 3 million veterans in receipt of VA disability compensation. Disbursement of disability compensation to our nation's veterans constitutes one of the central missions of the Department of Veterans Affairs. It is a necessary measure of appreciation afforded to those veterans whose lives were forever altered by their service to this country. I urge our colleagues to support passage of this COLA increase. I also ask our colleagues for their continued support for our nation's veterans.

Mr. AKAKA. Mr. President, today I introduce legislation to correct a deficiency in the law governing health care for veterans. Under current law, originally enacted on November 30, 1999, a veteran who is enrolled in VA's health care system can be reimbursed for emergency treatment received at a non-VA hospital. However, the statute only permits such VA reimbursement if the veteran has no other outside health insurance, no matter how limited that other coverage might be. This sole payor provision means that a veteran who has any insurance is not entitled to reimbursement from VA for emergency medical treatment received at a non-VA facility. This is true even if the veteran's insurance policy does not cover the full amount owed. The bill I am introducing would amend current law so that a veteran who has outside insurance would be eligible for reimbursement in the event that any outside insurance does not cover the full amount of the emergency care. VA would be authorized to cover the difference between the amount the veteran's insurance will pay and the total cost of care. In essence, VA would become the payor of last resort in such cases. This would keep the veteran from being burdened by exorbitant medical fees with no insurance with which to pay them. In addition to amending current law in a prospective manner, this legislation would also allow the Secretary of Veterans Affairs to retroactively apply this law to emergency treatment received between the effective date of the current law and the date of enactment of the legislation I am introducing today. One example of the sort of case to which this discretionary authority might apply is one that came to the Committee's attention involving a disabled Vietnam veteran who was in a serious motorcycle accident which led to a medical bill for emergency room care of over $100,000. This veteran, who lived in Illinois, had state mandated auto insurance which included a medical benefit of $10,000. Since he had this other insurance, VA was precluded from paying for his care and the veteran was personally responsible for the difference between the amount covered by his state-required policy and the total charge for his care. Had this veteran had no insurance at all, VA would have paid the entire amount. I urge our colleagues to cosponsor this legislation and to work with me and the other members of the Veterans' Affairs Committee to address this gap in VA benefits. Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. AKAKA

Mr. AKAKA. Madam President, I support the Economic Recovery and Reinvestment Act. This legislation will create jobs by encouraging innovation for the development of clean energy and strengthening our Nation's infrastructure. This vital bill will assist States so that they can continue to provide vital services. States need help in meeting the social service and health care needs of their communities. As economic activity has declined, State revenues have also decreased. Supporting States so that they can continue to provide health care coverage and essential social services will help our constituents in this great time of need. States must be good stewards of these resources and utilize them for their intended purposes. This recovery bill will also provide relief to workers and families hardest hit by the economic recession. I am proud to support provisions in the Economic Recovery and Reinvestment Act which will bring financial relief to our Nation's struggling public schools, colleges and universities. Our Nation's future depends upon our ability to provide our keiki with the educational opportunities they need today so they can compete in tomorrow's global economy. The Senate bill includes $39 billion in much needed funding to assist our local school districts as well as public colleges and universities. It also includes funding for teacher quality partnership grants to improve the quality of new teachers and encourage individuals to enter the teaching field. In addition, the Senate-passed version also provides $12.4 billion in title I grants to Local Education Agencies to help our Nation's most disadvantaged students. The Senate bill also helps students and their families achieve the dream of a higher education by increasing the Pell Grant maximum award by $281 for award year 2009-2010 and then by $400 for 2010-2011. I am pleased that the legislation includes significant funding that will benefit the Department of Veterans Affairs and the veterans it serves. I have been working, along with other members of the Veterans' Affairs Committee, to advocate for the needs of veterans in the context of this recovery and reinvestment bill. I am very grateful to the chairman of the Appropriations Committee, Hawaii's senior Senator, Mr. Inouye, for hearing our message and providing tangible results. The money in this package that is appropriated for VA will help advance a number of projects that have been languishing for too long. For example, VA has a $10 billion backlog in major health care facilities construction. This stimulus package includes $3.7 billion for health care and services, the vast majority of it for facility construction. Included in that sum is $1.1 billion for major facility construction that can be used to build new hospitals for veterans who have insufficient access to health care, or have lost use of their hospital due to damage or disrepair. Another $1.37 billion is targeted on crucial nonrecurring maintenance to facilities that need upgrades or repairs. There is also nearly $940 million appropriated for minor construction, which will be used to build new community based outpatient clinics, among other purposes. The legislation also includes $50 million to improve benefits for veterans. I am pleased with the almost $65 million intended for VA's National Cemetery Administration. Of this amount, $60 million will be used to provide much needed cemetery infrastructure support and repair and investment in VA's National Shrine initiative. I believe the funding will go a long way toward meeting our obligation to provide final resting places for veterans and honor their service on our behalf. As helpful as this infusion of funding will be, I remind all of my colleagues that this only addresses existing, unmet needs. When it is time to begin work on the new budget, we cannot subtract any money from the VA appropriation, as all of those funds will be needed to meet the new fiscal year's costs. I am pleased that Veterans' Affairs Committee staff was able to work with the Finance Committee to ensure that certain VA beneficiaries receive economic recovery payments. I appreciate the willingness of the Finance Committee to make certain that VA beneficiaries, who might not otherwise receive a payment, get one in this time of economic uncertainty. I also commend my colleague, Senator Inouye, for his ongoing advocacy on behalf of the Filipino veterans of World War II. This legislation contains an authorization for a lump sum payment for funds that were appropriated last session for these veterans. I look forward to swift enactment of this essential legislation intended to help working families, create jobs, improve infrastructure, and assist veterans.

Mr. AKAKA

Mr. AKAKA. Mr. President, today I introduce legislation to correct a deficiency in the law governing health care for veterans. Under current law, originally enacted on November 30, 1999, a veteran who is enrolled in VA's health care system can be reimbursed for emergency treatment received at a non-VA hospital. However, the statute only permits such VA reimbursement if the veteran has no other outside health insurance, no matter how limited that other coverage might be. This sole payor provision means that a veteran who has any insurance is not entitled to reimbursement from VA for emergency medical treatment received at a non-VA facility. This is true even if the veteran's insurance policy does not cover the full amount owed. The bill I am introducing would amend current law so that a veteran who has outside insurance would be eligible for reimbursement in the event that any outside insurance does not cover the full amount of the emergency care. VA would be authorized to cover the difference between the amount the veteran's insurance will pay and the total cost of care. In essence, VA would become the payor of last resort in such cases. This would keep the veteran from being burdened by exorbitant medical fees with no insurance with which to pay them. In addition to amending current law in a prospective manner, this legislation would also allow the Secretary of Veterans Affairs to retroactively apply this law to emergency treatment received between the effective date of the current law and the date of enactment of the legislation I am introducing today. One example of the sort of case to which this discretionary authority might apply is one that came to the Committee's attention involving a disabled Vietnam veteran who was in a serious motorcycle accident which led to a medical bill for emergency room care of over $100,000. This veteran, who lived in Illinois, had state mandated auto insurance which included a medical benefit of $10,000. Since he had this other insurance, VA was precluded from paying for his care and the veteran was personally responsible for the difference between the amount covered by his state-required policy and the total charge for his care. Had this veteran had no insurance at all, VA would have paid the entire amount. I urge our colleagues to cosponsor this legislation and to work with me and the other members of the Veterans' Affairs Committee to address this gap in VA benefits. 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 Intelligence Community Audit Act of 2009, with Senators Carper, Durbin, Lautenberg, McCaskill, Sanders, and Wyden. This legislation reaffirms and clarifies the authority of the Comptroller General of the United States, as head of the Government Accountability Office, GAO, to audit and evaluate the programs and activities of the Intelligence Community, IC. Our bill is not new. I have introduced similar bills twice before. But today, as I reintroduce this bill, I share with many of my colleagues a renewed commitment to accountability. This legislation would be an important step in that direction. GAO has well-established expertise that should be leveraged to improve the performance of the Intelligence Community. In particular, GAO could provide much needed guidance to the IC related to human capital, financial management, information sharing, strategic planning, information technology, and other areas of management and administration. By employing GAO's expertise to improve IC management and operations while carefully protecting sensitive information, this bill would reinforce the Intelligence Community's ability to meet its mission. The Intelligence Community has faced greater demands and increased responsibilities over the past few years. It is Congress's responsibility to ensure that the IC carries out its critical functions effectively and consistent with congressional authorization. For too long, GAO's expertise and ability to engage in constructive oversight of the IC have been underutilized. This legislation would enhance, in a complementary manner, rather than detract from the work of the congressional intelligence committees. Dr. Marvin Ott, a former professional staff member on the Senate Select Committee on Intelligence, testified before my Subcommittee on Oversight of Government Management in February 2008 that the growth in the complexity, diversity, and size of the IC requires additional oversight resources. GAO is in a position to help. According to then-Comptroller General David Walker, who testified at the same hearing, GAO has the expertise and cleared personnel to increase the management oversight of the IC. I also believe that safeguards need to be in effect to protect the IC's most sensitive information from unauthorized disclosure. Under this bill, only the Senate Select Committee on Intelligence, the House Permanent Select Committee on Intelligence, and the majority and the minority leaders of the Senate and the House of Representatives would be able to request reviews of intelligence sources and methods or covert actions. Results of an audit of this nature would be restricted to the original requester, the Director of National Intelligence, and the head of the relevant IC element. Employees of the GAO participating in these audits would be subject to the same penalties for unauthorized disclosure or use of sensitive information as their counterparts in the IC. There are additional mechanisms in place to keep this information secure. Congress and GAO have a crucial role in ensuring that the IC elements are fulfilling their responsibilities of protecting this country. By removing the barrier to more comprehensive oversight, this bill will help improve our national security. Mr. Presdient, 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 Intelligence Community Audit Act of 2009, with Senators Carper, Durbin, Lautenberg, McCaskill, Sanders, and Wyden. This legislation reaffirms and clarifies the authority of the Comptroller General of the United States, as head of the Government Accountability Office, GAO, to audit and evaluate the programs and activities of the Intelligence Community, IC. Our bill is not new. I have introduced similar bills twice before. But today, as I reintroduce this bill, I share with many of my colleagues a renewed commitment to accountability. This legislation would be an important step in that direction. GAO has well-established expertise that should be leveraged to improve the performance of the Intelligence Community. In particular, GAO could provide much needed guidance to the IC related to human capital, financial management, information sharing, strategic planning, information technology, and other areas of management and administration. By employing GAO's expertise to improve IC management and operations while carefully protecting sensitive information, this bill would reinforce the Intelligence Community's ability to meet its mission. The Intelligence Community has faced greater demands and increased responsibilities over the past few years. It is Congress's responsibility to ensure that the IC carries out its critical functions effectively and consistent with congressional authorization. For too long, GAO's expertise and ability to engage in constructive oversight of the IC have been underutilized. This legislation would enhance, in a complementary manner, rather than detract from the work of the congressional intelligence committees. Dr. Marvin Ott, a former professional staff member on the Senate Select Committee on Intelligence, testified before my Subcommittee on Oversight of Government Management in February 2008 that the growth in the complexity, diversity, and size of the IC requires additional oversight resources. GAO is in a position to help. According to then-Comptroller General David Walker, who testified at the same hearing, GAO has the expertise and cleared personnel to increase the management oversight of the IC. I also believe that safeguards need to be in effect to protect the IC's most sensitive information from unauthorized disclosure. Under this bill, only the Senate Select Committee on Intelligence, the House Permanent Select Committee on Intelligence, and the majority and the minority leaders of the Senate and the House of Representatives would be able to request reviews of intelligence sources and methods or covert actions. Results of an audit of this nature would be restricted to the original requester, the Director of National Intelligence, and the head of the relevant IC element. Employees of the GAO participating in these audits would be subject to the same penalties for unauthorized disclosure or use of sensitive information as their counterparts in the IC. There are additional mechanisms in place to keep this information secure. Congress and GAO have a crucial role in ensuring that the IC elements are fulfilling their responsibilities of protecting this country. By removing the barrier to more comprehensive oversight, this bill will help improve our national security. Mr. Presdient, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. AKAKA

Mr. AKAKA. Mr. President. Today I introduce the Native Hawaiian Government Reorganization Act of 2009. While this legislation is especially significant to Native Hawaiians, I introduce this measure for all the people of Hawaii. This bill authorizes a process to extend federal recognition to Hawaii's indigenous people for the purposes of a government-to-government relationship with the United States. This benefits all the people of Hawaii, as they will now have a structured, formal process to come together to address many unresolved issues confronting our state and our residents. Unlike our Nation's other indigenous people, the Federal policy of self-governance and self-determination has not been extended to Native Hawaiians. The bill addresses this need and establishes parity. It provides Native Hawaiians a formal opportunity to participate in making policy decisions and empowers them to interact at the State and Federal levels through a government-to-government relationship. The legislation is consistent with federal and state law and allows Native Hawaiians to be treated the same way as our country's other indigenous people. The United States has recognized and upheld a responsibility for the wellbeing of indigenous, native people, including Native Hawaiians. Congress has enacted more than 160 statutes to address the needs of Native Hawaiians. In 1993, I sponsored a measure commonly known as the Apology Resolution that was enacted into law. The Resolution outlined the history prior to- and-following the overthrow of the Kingdom of Hawaii, including involvement in the overthrow by agents of the United States. Further, in the Resolution the United States apologized for its involvement in the overthrow and committed itself to acknowledge the ramifications of the overthrow and support reconciliation efforts between the United States and the Native Hawaiian people. This was a historic declaration that has initiated a healing process. However, additional Congressional action is needed to continue this process. The legislation allows us to take the necessary next step in the reconciliation process. The bill does three things. First, it authorizes an office in the Department of the Interior to serve as a liaison between Native Hawaiians and the United States. Second, it forms an interagency task force chaired by the Departments of Justice and Interior, as well as composed of officials from federal agencies who currently administer programs and services impacting Native Hawaiians. Third, it authorizes a process for the reorganization of the Native Hawaiian government for the purposes of a federally recognized government-to-government relationship. Once the Native Hawaiian government is recognized, the bill establishes an inclusive democratic negotiations process representing both Native Hawaiians and non-Native Hawaiians. There are many checks and balances in this process and any agreements reached will require implementing legislation at the State and Federal levels. This legislation is needed to address issues present in my home state. It is a reality that there are longstanding and unresolved issues resulting from the overthrow. Despite good faith efforts to address these issues, the lack of a government-to-government relationship has limited progress. Building on the constitutionally sound and deliberate efforts of Congress and the State of Hawaii, it is necessary that Native Hawaiians be able to reorganize a government and enter into discussions with the Federal and State governments. My bill would ensure there is a structured process by which Native Hawaiians and the people of Hawaii can come together, resolve such complicated issues, and move forward together as a State. The legislation I introduce today is identical to language passed by the House of Representatives in the 106th Congress. This bill is the product of five working groups the Hawaii Congressional Delegation created to assist with the drafting of this legislation. The working groups were composed of individuals from the Native Hawaiian community, elected officials from the State of Hawaii, representatives from federal agencies, Members of Congress, as well as leaders from Indian Country and experts in constitutional law. This ensured that all parties that had expertise and would work to implement the legislation had an opportunity to collectively and collaboratively participate in the drafting process. The Hawaii Congressional delegation has carefully considered the significant public input and Congressional oversight on this bill over the last 9 years. To date, there have been a total of 9 Congressional hearings, including 6 joint hearings held by the Senate Indian Affairs Committee and House Natural Resources Committee, 5 of which were held in Hawaii. From the beginning, the National Congress of American Indians and Alaska Federation of Natives have joined Native Hawaiians in their pursuit for federal recognition. In the 110th Congress, the Senate Committee on Indian Affairs explored the legal aspects of the bill where Hawaii's State Attorney General expressed his support and spoke to the constitutionality of this measure. In addition to the bipartisan support at the Federal and State level for the bill, national organizations such as the American Bar Association, Japanese American Citizens League, and National Indian Education Association have also urged Congress to pass legislation establishing a process to provide federal recognition to Native Hawaiians. It is clear this legislation is constitutional and provides a framework respectful of the needs of Native Hawaiians and non-Native Hawaiians. Their combined efforts will be needed as each will play an active role in reaching agreements and enacting implementing legislation at the state and federal levels. I ask my colleagues to join Senator Inouye and I, in enacting this legislation. Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. AKAKA

Mr. AKAKA. Mr. President. Today I introduce the Native Hawaiian Government Reorganization Act of 2009. While this legislation is especially significant to Native Hawaiians, I introduce this measure for all the people of Hawaii. This bill authorizes a process to extend federal recognition to Hawaii's indigenous people for the purposes of a government-to-government relationship with the United States. This benefits all the people of Hawaii, as they will now have a structured, formal process to come together to address many unresolved issues confronting our state and our residents. Unlike our Nation's other indigenous people, the Federal policy of self-governance and self-determination has not been extended to Native Hawaiians. The bill addresses this need and establishes parity. It provides Native Hawaiians a formal opportunity to participate in making policy decisions and empowers them to interact at the State and Federal levels through a government-to-government relationship. The legislation is consistent with federal and state law and allows Native Hawaiians to be treated the same way as our country's other indigenous people. The United States has recognized and upheld a responsibility for the wellbeing of indigenous, native people, including Native Hawaiians. Congress has enacted more than 160 statutes to address the needs of Native Hawaiians. In 1993, I sponsored a measure commonly known as the Apology Resolution that was enacted into law. The Resolution outlined the history prior to- and-following the overthrow of the Kingdom of Hawaii, including involvement in the overthrow by agents of the United States. Further, in the Resolution the United States apologized for its involvement in the overthrow and committed itself to acknowledge the ramifications of the overthrow and support reconciliation efforts between the United States and the Native Hawaiian people. This was a historic declaration that has initiated a healing process. However, additional Congressional action is needed to continue this process. The legislation allows us to take the necessary next step in the reconciliation process. The bill does three things. First, it authorizes an office in the Department of the Interior to serve as a liaison between Native Hawaiians and the United States. Second, it forms an interagency task force chaired by the Departments of Justice and Interior, as well as composed of officials from federal agencies who currently administer programs and services impacting Native Hawaiians. Third, it authorizes a process for the reorganization of the Native Hawaiian government for the purposes of a federally recognized government-to-government relationship. Once the Native Hawaiian government is recognized, the bill establishes an inclusive democratic negotiations process representing both Native Hawaiians and non-Native Hawaiians. There are many checks and balances in this process and any agreements reached will require implementing legislation at the State and Federal levels. This legislation is needed to address issues present in my home state. It is a reality that there are longstanding and unresolved issues resulting from the overthrow. Despite good faith efforts to address these issues, the lack of a government-to-government relationship has limited progress. Building on the constitutionally sound and deliberate efforts of Congress and the State of Hawaii, it is necessary that Native Hawaiians be able to reorganize a government and enter into discussions with the Federal and State governments. My bill would ensure there is a structured process by which Native Hawaiians and the people of Hawaii can come together, resolve such complicated issues, and move forward together as a State. The legislation I introduce today is identical to language passed by the House of Representatives in the 106th Congress. This bill is the product of five working groups the Hawaii Congressional Delegation created to assist with the drafting of this legislation. The working groups were composed of individuals from the Native Hawaiian community, elected officials from the State of Hawaii, representatives from federal agencies, Members of Congress, as well as leaders from Indian Country and experts in constitutional law. This ensured that all parties that had expertise and would work to implement the legislation had an opportunity to collectively and collaboratively participate in the drafting process. The Hawaii Congressional delegation has carefully considered the significant public input and Congressional oversight on this bill over the last 9 years. To date, there have been a total of 9 Congressional hearings, including 6 joint hearings held by the Senate Indian Affairs Committee and House Natural Resources Committee, 5 of which were held in Hawaii. From the beginning, the National Congress of American Indians and Alaska Federation of Natives have joined Native Hawaiians in their pursuit for federal recognition. In the 110th Congress, the Senate Committee on Indian Affairs explored the legal aspects of the bill where Hawaii's State Attorney General expressed his support and spoke to the constitutionality of this measure. In addition to the bipartisan support at the Federal and State level for the bill, national organizations such as the American Bar Association, Japanese American Citizens League, and National Indian Education Association have also urged Congress to pass legislation establishing a process to provide federal recognition to Native Hawaiians. It is clear this legislation is constitutional and provides a framework respectful of the needs of Native Hawaiians and non-Native Hawaiians. Their combined efforts will be needed as each will play an active role in reaching agreements and enacting implementing legislation at the state and federal levels. I ask my colleagues to join Senator Inouye and I, in enacting this legislation. Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. AKAKA

Mr. AKAKA. Mr. President, today I rise to reintroduce the Whistleblower Protection Enhancement Act. I am pleased that Senators Collins, Grassley, Levin, Lieberman, Voinovich, Leahy, Kennedy, Carper, Pryor, and Mikulski have joined as cosponsors of this bill. I have been a long-time proponent of strengthening the rights and protections of federal whistleblowers. Last year, my bill, the Federal Employee Protection of Disclosures Act, S. 274, passed the Senate by unanimous consent in December 2007. A similar House bill, the Whistleblower Protection Enhancement Act, also passed in March 2008. Unfortunately, we were not able to reconcile the two bills and enact whistleblower protections before the 110th Congress adjourned. The need for strengthened whistleblower protections is clear. In this time of economic crisis, we cannot wait to act on measures to make sure the government uses tax dollars efficiently and effectively. Indeed, President Obama emphasized the need for improved accountability in his inaugural address, stating: Those of us who manage the public's dollars will be held to account--to spend wisely, reform bad habits, and do our business in the light of day--because only then can we restore the vital trust between a people and their government. This legislation will help us hold those who manage the public's dollars accountable by strengthening protections for Federal workers who shed light on Government waste, fraud, and abuse. Our bill also will contribute to public health and safety, civil rights and civil liberties, national security, and other valuable interests. Federal employees often are in the best position to observe and disclose Federal Government wrongdoing that can affect every aspect of our economy and our lives, and fewer employees will have the courage to disclose wrongdoing without meaningful whistleblower protections. The Whistleblower Protection Act, WPA, was intended to shield Federal whistleblowers from retaliation, but the Federal Circuit and the Merit Systems Protection Board repeatedly have issued decisions that misconstrue the WPA and scale back its protections. Federal whistleblowers have prevailed on the merits of their claims before the Federal Circuit Court of Appeals, which has sole jurisdiction over federal employee whistleblower appeals, only three times in hundreds of cases since 1994. That is why further action is necessary. I will highlight a few of the important provisions in this bill. Our bill would eliminate a number of restrictions that the Federal Circuit has read into the law regarding when disclosures are covered by the WPA. In light of the Federal Circuit's restrictive reading of the WPA, it would establish a pilot program to allow whistleblower appeals to be filed in the appropriate regional Federal Court of Appeals for five years, and would require a Government Accountability Office review of that change 40 months after enactment. This bill would bar agencies from enforcing a nondisclosure policy, revoking an employee's security clearance, or investigating an employee in retaliation for a protected disclosure. This bill also includes a few improvements in whistleblower protection that were not in S. 274. It would expand the coverage of the Whistleblower Protection Act to include employees of the Transportation Security Administration. Additionally, it would make clear that disclosures of censorship of scientific information that could lead to gross government waist or mismanagement, a substantial and specific danger to public health or safety, or a violation of law are protected. Congress has a duty to provide strong protections for Federal whistleblowers. Only when Federal employees are confident that they will not face retaliation will they feel comfortable coming forward to disclose information that can be used to improve government operations, our national security, and the health of our citizens. Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. AKAKA

Mr. AKAKA. Mr. President, today I rise to reintroduce the Whistleblower Protection Enhancement Act. I am pleased that Senators Collins, Grassley, Levin, Lieberman, Voinovich, Leahy, Kennedy, Carper, Pryor, and Mikulski have joined as cosponsors of this bill. I have been a long-time proponent of strengthening the rights and protections of federal whistleblowers. Last year, my bill, the Federal Employee Protection of Disclosures Act, S. 274, passed the Senate by unanimous consent in December 2007. A similar House bill, the Whistleblower Protection Enhancement Act, also passed in March 2008. Unfortunately, we were not able to reconcile the two bills and enact whistleblower protections before the 110th Congress adjourned. The need for strengthened whistleblower protections is clear. In this time of economic crisis, we cannot wait to act on measures to make sure the government uses tax dollars efficiently and effectively. Indeed, President Obama emphasized the need for improved accountability in his inaugural address, stating: Those of us who manage the public's dollars will be held to account--to spend wisely, reform bad habits, and do our business in the light of day--because only then can we restore the vital trust between a people and their government. This legislation will help us hold those who manage the public's dollars accountable by strengthening protections for Federal workers who shed light on Government waste, fraud, and abuse. Our bill also will contribute to public health and safety, civil rights and civil liberties, national security, and other valuable interests. Federal employees often are in the best position to observe and disclose Federal Government wrongdoing that can affect every aspect of our economy and our lives, and fewer employees will have the courage to disclose wrongdoing without meaningful whistleblower protections. The Whistleblower Protection Act, WPA, was intended to shield Federal whistleblowers from retaliation, but the Federal Circuit and the Merit Systems Protection Board repeatedly have issued decisions that misconstrue the WPA and scale back its protections. Federal whistleblowers have prevailed on the merits of their claims before the Federal Circuit Court of Appeals, which has sole jurisdiction over federal employee whistleblower appeals, only three times in hundreds of cases since 1994. That is why further action is necessary. I will highlight a few of the important provisions in this bill. Our bill would eliminate a number of restrictions that the Federal Circuit has read into the law regarding when disclosures are covered by the WPA. In light of the Federal Circuit's restrictive reading of the WPA, it would establish a pilot program to allow whistleblower appeals to be filed in the appropriate regional Federal Court of Appeals for five years, and would require a Government Accountability Office review of that change 40 months after enactment. This bill would bar agencies from enforcing a nondisclosure policy, revoking an employee's security clearance, or investigating an employee in retaliation for a protected disclosure. This bill also includes a few improvements in whistleblower protection that were not in S. 274. It would expand the coverage of the Whistleblower Protection Act to include employees of the Transportation Security Administration. Additionally, it would make clear that disclosures of censorship of scientific information that could lead to gross government waist or mismanagement, a substantial and specific danger to public health or safety, or a violation of law are protected. Congress has a duty to provide strong protections for Federal whistleblowers. Only when Federal employees are confident that they will not face retaliation will they feel comfortable coming forward to disclose information that can be used to improve government operations, our national security, and the health of our citizens. Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. AKAKA

Mr. AKAKA. Does the chairman agree with our interpretation?

Mr. AKAKA. Mr. President, my understanding is that section 214 of H.R. 2 applies to pregnant women and children who are citizens of the Republic of Palau, the Republic of the Marshall Islands, or the Federated States of Micronesia, and who are lawfully residing in the United States under the terms of the Compacts of Free Association between the United States and each of these three Pacific island nations.

Mr. AKAKA. I thank the Senator very much for that clarification. Mr. President, I support the Children's Health Insurance Program Reauthorization Act of 2009. This legislation increases access to health care for an estimated 4.1 million children who are currently uninsured. The legislation also includes $100 million in new grant opportunities to fund outreach and enrollment efforts to increase the participation of children in Medicaid and the Children's Health Insurance Program. By increasing access to health insurance, more children will be able to learn, be active, and grow into healthy adults. Mr. President, the legislation will also provide much needed assistance to Hawaii hospitals that care for Medicaid beneficiaries and the uninsured. Hawaii hospitals continue to struggle to meet the increasing demands placed on them by a growing number of uninsured patients and rising costs. The legislation extends Medicaid disproportionate share Hospital, DSH, allotments for Hawaii until December 31, 2011. This additional extension authorizes the submission by the State of Hawaii of a State plan amendment covering a DSH payment methodology to hospitals that is consistent with the requirements of existing law relating to DSH payments. The purpose of providing a DSH allotment for Hawaii is to provide additional funding to the State of Hawaii to permit a greater contribution toward the uncompensated costs of hospitals that are providing indigent care. It is not meant to alter existing arrangements between the State of Hawaii and the Centers for Medicare and Medicaid Services, CMS, or to reduce in any way the level of Federal funding for Hawaii's QUEST program. The extension included in this act provides an additional $7.5 million for fiscal year 2010, $10 million for fiscal year 2011, and $2.5 million for the first quarter of fiscal year 2012. These additional DSH resources are intended to strengthen the ability of hospitals to meet the increasing health care needs of our communities. I look forward to the swift enactment of this legislation so that children have increased access to health care and so that our hospitals in Hawaii are better able to care for the uninsured and Medicaid beneficiaries.

Mr. AKAKA

Mr. AKAKA. Mr. President, today I am introducing legislation which is drawn in large measure from S. 2969, the proposed Veterans' Health Care Authorization Act, as reported by the Committee on Veterans' Affairs last Congress. VA faces a looming shortage of health care personnel. Without concerted and timely action, this situation will only worsen in the years ahead. This is especially true as more Iraq and Afghanistan veterans return home injured and in need of new and specialized care. In order to avert this problem, VA must be able to offer competitive salaries, work schedules, and benefits. The provisions in the bill I am introducing will allow VA to recruit and retain nurses, home health aides, and specialty care providers. This bill also contains measures that would improve the efficiency of health care delivery to veterans, including a number of pilot programs designed to help VA find new and innovative ways to deliver better, faster, and more comprehensive treatment. Women make up an ever growing percentage of the Armed Forces. As such, they are also making up an ever growing percentage of the veteran population. While there have been efforts over the years to address the unique needs of women veterans, there is much more that VA might do. To that end, there are provisions in this bill to address current shortcomings and help VA better respond to the increased demand for care from women veterans. I particularly thank Senator Murray for her leadership on this issue. One of the most troubling and difficult challenges of warfare, which can be seen particularly in the current conflicts in Iraq and Afghanistan, is diagnosing and treating those who suffer from the invisible wounds of war. The lack of understanding of these injuries, the stigma associated with them, and many other factors make effective treatment difficult. Last Congress, legislation I authored, the Veterans Mental Health and Other Care Improvements Act, was enacted as Public Law 110-387. This Congress, I seek to improve upon those advances, and to continue to provide accessible, cutting-edge care for those afflicted with invisible wounds. This bill would expand eligibility and authority for the Vet Centers to provide needed services, and would commission a comprehensive study on suicides among veterans so that we can improve efforts to prevent such tragedies. This bill will also provide support for homeless veterans through a proposed series of innovative pilot programs. These programs are designed to significantly improve VA outreach to these veterans, in order to help them access the benefits and services provided by VA. I look forward to working with all of our colleagues to bring this legislation to the full Senate for consideration early in this Session. Mr. President, I ask unanimous consent that the text of this bill be printed in the Record.

Mr. AKAKA

Mr. AKAKA. Mr. President, today I am introducing legislation which is drawn in large measure from S. 2969, the proposed Veterans' Health Care Authorization Act, as reported by the Committee on Veterans' Affairs last Congress. VA faces a looming shortage of health care personnel. Without concerted and timely action, this situation will only worsen in the years ahead. This is especially true as more Iraq and Afghanistan veterans return home injured and in need of new and specialized care. In order to avert this problem, VA must be able to offer competitive salaries, work schedules, and benefits. The provisions in the bill I am introducing will allow VA to recruit and retain nurses, home health aides, and specialty care providers. This bill also contains measures that would improve the efficiency of health care delivery to veterans, including a number of pilot programs designed to help VA find new and innovative ways to deliver better, faster, and more comprehensive treatment. Women make up an ever growing percentage of the Armed Forces. As such, they are also making up an ever growing percentage of the veteran population. While there have been efforts over the years to address the unique needs of women veterans, there is much more that VA might do. To that end, there are provisions in this bill to address current shortcomings and help VA better respond to the increased demand for care from women veterans. I particularly thank Senator Murray for her leadership on this issue. One of the most troubling and difficult challenges of warfare, which can be seen particularly in the current conflicts in Iraq and Afghanistan, is diagnosing and treating those who suffer from the invisible wounds of war. The lack of understanding of these injuries, the stigma associated with them, and many other factors make effective treatment difficult. Last Congress, legislation I authored, the Veterans Mental Health and Other Care Improvements Act, was enacted as Public Law 110-387. This Congress, I seek to improve upon those advances, and to continue to provide accessible, cutting-edge care for those afflicted with invisible wounds. This bill would expand eligibility and authority for the Vet Centers to provide needed services, and would commission a comprehensive study on suicides among veterans so that we can improve efforts to prevent such tragedies. This bill will also provide support for homeless veterans through a proposed series of innovative pilot programs. These programs are designed to significantly improve VA outreach to these veterans, in order to help them access the benefits and services provided by VA. I look forward to working with all of our colleagues to bring this legislation to the full Senate for consideration early in this Session. Mr. President, I ask unanimous consent that the text of this bill be printed in the Record.

Mr. AKAKA

Mr. AKAKA. Madam President, today I rise to express my support for S. 22, the Omnibus Public Land Management Act of 2009. I commend Chairman Bingaman and former Ranking Member Domenici of the Senate Committee on Energy and Natural Resources for their leadership and their staff for their dedication during the previous Congress to move this important legislation forward. While we were unable to vote on this package last year, it is time that we pass these bills. During these times of economic downturn, our national parks and public lands are some of the few affordable recreational opportunities available to the American people. This legislation is a bipartisan package of more than 160 individual bills, and incorporates a wide range of public land measures that impact various regions of our Nation. All of the bills included in the package have been thoroughly reviewed and favorably reported by the Senate Committee on Energy and Natural Resources during the 110th Congress. By utilizing, to the full extent, the committee vetting process that includes acquiring testimonies from Federal agencies, stakeholders, and members of the public, concerns were addressed and bills were amended, as needed. In addition to the Senate committee's approval, many of these measures were passed by the House of Representatives last Congress. As chairman of the National Parks Subcommittee, I had the opportunity to hold hearings on a number of the bills included in this package. This legislation includes many important provisions for protecting and preserving America's national parks and enhancing the experiences to be gained by park visitors. Today, I wish to highlight four provisions that I sponsored during the 110th Congress: H.R. 3332, the Kalaupapa Memorial Act; S. 1728, Na Hoa Pili O Kaloko-Honokohau Advisory Commission Reauthorization Act; S. 2220, Outdoor Recreation Act of 1963 Amendments Act; and S. 320, the Paleontological Resource Preservation Act. In addition, I appreciate the inclusion of S. 1680, the Izembek and Alaska Peninsula Refuge Enhancement Act of 2008. This provision addresses the needs of a rural and indigenous Alaska Native community. The first three of these provisions are particularly meaningful as they acknowledge the historical contributions and preserve Hawaii's unique heritage for future generations. The remembrance and revitalization of our culture, heritage, and natural resources are an essential way to build upon the values and traditions of our past and move forward into the future. I am proud that the people of Hawaii, through partnerships at the State and Federal levels, have embraced this opportunity. These efforts perpetuate a legacy to be embraced by not only the people of Hawaii, but a legacy to be shared with people across this Nation. I am confident that these measures which I sponsored will enable continued good work and progress in promoting and protecting the natural and cultural resources of my home State. The Kalaupapa Memorial Act would authorize a memorial to be established at Kalaupapa National Historical Park in Hawaii. This long overdue memorial will honor and perpetuate the memory of those Hansen's disease patients who were forcibly relocated to the Kalaupapa community, which is located on a remote peninsula on the Island of Molokai. For over 100 years, from 1866 to 1969, Kalaupapa was a colony on the Hawaiian island of Molokai where patients with Hansen's disease, also known as leprosy, were forced to live. These individuals were directed to live there by the Hawaiian and, later, the American Governments in the belief that leprosy was rampantly contagious and that isolation was the only effective means of controlling the disease. In 1865, acting on the counsel of his American and European advisers, Lot Kamehameha, the Hawaiian King, signed into law ``An Act to Prevent the Spread of Leprosy,'' which criminalized the disease. In the ensuing 103 years, men, women, and children of all ages--including those who were mistakenly believed to have leprosy--were captured and forcibly exiled to the brutal northern coast of Molokai, chosen due to its isolated and inaccessible location. Ultimately, more than 8,000 people were sent to Kalaupapa, of which only about 1,300 graves have been identified. Most of those patients who were sent to Kalaupapa before 1900 have no marked graves. Others were buried in places marked with a cross or a bare tombstone, but those markers have seen great deterioration over time. As a result, there are many family members and descendants of these residents who cannot find the graves of their loved ones and are unable to properly honor and pay tribute to them. This measure would authorize a nonprofit organization consisting of Kalaupapa residents and their families and friends, and known as ``Ka `Ohana O Kalaupapa,'' to establish a memorial at a suitable location in the park to honor the memory of the 8,000 residents who lived at the Kalaupapa and Kalawao communities. This monument will provide closure and a sense of belonging to these many family members, who have no knowledge of their ancestors' whereabouts. Through this monument, the Hansen's disease patients will forever be memorialized as having been a part of the history of Kalaupapa. The Na Hoa Pili O Kaloko-Honokohau Advisory Commission Act would reauthorize the Advisory Commission for Kaloko-Honokohau National Historical Park through 2018. Kaloko-Honokohau National Historical Park, located on the western coast of the Island of Hawaii, was established in 1978 to provide for the preservation, interpretation, and perpetuation of traditional Native Hawaiian activities and culture; to demonstrate historic land use patterns; and to provide for the education, enjoyment, and appreciation of traditional Native Hawaiian activities and culture. This Advisory Commission advises the National Park Service on historical, archaeological, cultural, and interpretive programs for the park and serves as a living resource for the education, enjoyment, and understanding of traditional Hawaiian culture and activities. This legislation would extend the Advisory Commission through the end of 2018. The Outdoor Recreation Act of 1963 Amendments Act seeks to authorize $500,000 in funds for fiscal years 2008 through 2017 to the National Tropical Botanical Gardens. The measure will authorize appropriations to the corporation governing the Botanical Gardens for operation and maintenance expenses. These funds will contribute towards the private donations that the Botanical Gardens already raises to support its annual operating budget of over $10 million. The National Tropical Botanical Gardens is a private charitable corporation, chartered by legislation that was enacted in 1964 to foster horticultural research, education, and plant preservation. Its congressional charter mandates the Botanical Gardens to preserve, for the people of the United States, species of tropical plant life threatened with extinction. Conservation is one of the National Tropical Botanical Garden's key roles. This role has become even more critical as tropical plant species continue to become extinct at a disturbing rate. As many as one-third of the remaining global plant species are considered at risk of extinction. Since 1976, the National Tropical Botanical Gardens has recognized and worked with urgency to preserve and cultivate native Hawaiian plants, and has made its program of preserving Hawaii's endangered and threatened flora a matter of the highest priority. The unique flora of 1,300 species that has evolved over millions of years in Hawaii represents a significant resource to the people of the United States in terms of the biodiversity it represents. Further, many of these botanic species serve as the foundation of entire ecosystems, serving as food sources or habitats for other larger species that are either threatened or endangered. These are species that are not represented in any of the other 49 States in our Nation. Each of these species contains unique genes that express themselves in a myriad of ways. Each time we lose a species to extinction we lose an irreplaceable reservoir of unique genes and eliminate their usage as a possible benefit to humanity. The Paleontological Resources Preservation Act incorporates many of the recommendations on the subject issued by the Department of the Interior in 2000. This act would help protect and preserve the nation's important fossil resources that are found on Federal lands for the benefit of our citizens. This provision will still allow the practice of casual collecting that is being enjoyed on Federal lands. While I recognize the educational benefits and the major fossil discoveries made by amateur collectors and curio hunters, fossil theft has become an increasing problem. Vertebrate fossils are rare and important natural resources that have become increasingly endangered due to an increase in the illegal collection of fossil specimens for commercial sale. However, at this time there is no unified policy regarding the treatment of fossils by Federal lands management agencies which would help protect and conserve fossil specimens. We risk the deterioration or loss of these valuable scientific resources. This act will correct that omission by providing uniformity to the patchwork of statutes and regulations that currently exist. It will create a comprehensive national policy for preserving and managing fossils and other artifacts found on Federal lands, and will prevent future illegal trade. I would like to emphasize that this bill covers only paleontological remains on Federal lands and in no way affects archaeological or cultural resources under the Archaeological Resources Protection Act of 1979 or the Native American Graves Protection and Repatriation Act. Lastly, I express my support for a provision in the omnibus lands bill that I cosponsored in the 110th Congress, S. 1680, the Izembek and Alaska Peninsula Refuge and Wilderness Enhancement Act. This measure paves the way for a road that would provide dependable and safe year- round access for the residents of King Cove in Alaska to the nearby Cold Bay Airport. I believe that the 800 residents of King Cove, most of whom are Native Aleut, have an absolute right to a means of transport that is accessible under all weather conditions, including gale force winds and fog. This reliable means of getting to the airport will help address many of the community's safety, health, and medical concerns because the Cold Bay Airport is an all-weather airport. In addition to providing an essential passageway, this provision will authorize a land transfer in which nearly 56,000 acres of pristine land will be classified as wildlife refuge wilderness. In contrast, only about 2,000 acres of Federal land could potentially be exchanged for the purpose of constructing a one-lane gravel road. This measure has been in the making for 10 years. I commend the Energy and Natural Resources Committee for working across the aisle to modify and refine the original language to be acceptable to all parties and stakeholders. Neither the land exchange nor the construction of the road will occur without a stringent environmental impact statement required under the National Environmental Policy Act of 1969 and assurances by the Secretary of the Department of the Interior that the construction of the road and the land exchange are in the public interest and sufficient environmental safeguards are in place. I strongly support the Omnibus Public Land Management Act of 2009 and those provisions that protect and preserve the historical contributions made by Hawaii's environmental and cultural heritage. We must protect our legacies, and I encourage my colleagues to join in keeping our precious national resources and historic sites available for future generations.

Mr. AKAKA

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

Mr. AKAKA. Mr. President, I thank my colleague for giving me this opportunity to speak at this time. Tribute To Senator Robert Byrd Mr. President, this year marks my 19th year in the Senate, a mere fraction of the time served by my esteemed colleague and good friend, Senator Robert Byrd, the Senator from West Virginia. Senator Byrd has been a Senator as long as Hawaii has been a State-- 50 years. I rise here today to pay tribute to this great human being, this great man, this great Senator, who has served for those many years here for our country. His contributions are well documented, his influence legendary, and his grasp of history and knowledge about our democracy and our institutions is without equal. It is my great honor to serve alongside the distinguished Senator Byrd. I consider him my Senate mentor. He has been a mentor for many of my colleagues. He has taught me much, both trivial and profound. For example, one of the first things he told me was to always wear my pin while at work. In the early years, it helped distinguish me from all the other people wearing suits at the Capitol. So as Senator Byrd can see, I learned that lesson well, and I do wear my pin every day. He also taught me the intricacies of presiding over the Senate. He said: Speak in sentences, and don't take any of your work with you to do while you are presiding. I have done that when I did preside. His point was respect for the Senate as an institution. As I mentioned, I have learned a lot from Senator Byrd, but I chose to share with my colleagues those two lessons, as simple they may seem, so they can appreciate how much he cares about his colleagues and the Senate. For him, no detail is too small and no challenge is too big. Many know that Senator Byrd usually carries a copy of the U.S. Constitution in his pocket and frequently displays it to make a point. It is an appropriate place; it is close to his heart. Senator Byrd, God bless you abundantly, and congratulations on 50 years of distinguished service to the people of West Virginia and the United States. Thank you for all you have done for me. I cherish your friendship and look forward to our continued work together on behalf of our great country. Mr. President, I yield the floor.

Mr. AKAKA

Mr. AKAKA. Mr. President, yesterday, December 7, 2008, was the 67th anniversary of the attack on Pearl Harbor in which more than 2,400 courageous sailors, soldiers, and marines died. To those in Hawaii who, like me, witnessed the attack, the events of 67 years ago have a deep personal significance. I will never forget the courage and commitment of the soldiers, sailors, and ordinary men and women who did not hesitate to defend our Nation despite the enormous personal risk. For all Americans, young and old, it is important to remember that out of this dark hour arose the courage and strength of a unified Nation. I honor the memories of all the survivors of the attack as well as the fallen heroes who fought to defend our Nation's principles of democracy and freedom that day. This year, with so many of our troops serving overseas, I would also like recognize our armed services families by honoring the sacrifices of those who lost loved ones during the attack on Pearl Harbor. Our Nation owes these family members a debt of gratitude for their strength and perseverance during such a grievous time. I want to thank all the members of our armed forces--those that served in World War II, all those that have served since, and those who still serve today. Your daily sacrifices protect and strengthen our country and allow us to enjoy the freedoms symbolic of the United States. Your courageous and dedicated efforts humble me, and may God bless you and your families as together we remember Pearl Harbor.

Mr. AKAKA

Mr. AKAKA. Mr. President, I rise to pay honor to Senator Ted Stevens of Alaska. While our country may not realize this, Ted has been a great advocate on a number of important issues for our country. Reminding our country of its responsibility to its indigenous people has been one of the major causes that Ted Stevens has pursued and advanced. It has been a delight to work with him to expand opportunities and help our indigenous peoples of the noncontiguous States of Alaska and Hawaii, as well as those across the country. We have worked well together to improve the lives of Federal employees. We tried hard this Congress to enact meaningful reforms on telework opportunities in the Federal Government and, most importantly, to provide retirement equity to Federal employees in Alaska, Hawaii, and the territories by extending locality pay to those areas. Your leadership on those issues was invaluable to our efforts to move the bills forward. Thank you for your efforts to expand opportunities for Federal employees. Also, I want to mention something that is probably an unknown part of history, and that is a number of years ago I discovered that since 1965 the model of the Statue of Freedom was in storage at the Smithsonian. I worked to try to bring that statute here to the Capitol, and I was having a hard time with that until Ted Stevens joined me. With his help we were able to move that statue from storage in the Smithsonian to the Capitol. It was, as you may now know, the model which was erected in the Russell rotunda. I am pleased to say that on December 2, 2008, the new Capitol Visitor Center will be dedicated and that Statue of Freedom will be placed between the two escalators that will lead to the Capitol. For me and for Ted Stevens, this symbolizes that freedom is returning to the Capitol of the United States. And on December 2, 2008, the Center will be open and the Statue of Freedom will be an eminent part of the Visitor Center. I thank Ted Stevens for all the help that he has given us in Hawaii and other States. He has brought strength and passion to the Senate and has been a constant presence in this institution. And for Millie and me, Ted, I want to say aloha, and a warm aloha and mahalo nui loa to you for all the friendship that we have had and continue to have. I want to say God bless you and Catherine and your family in the years ahead. Mahalo.

Mr. AKAKA

Mr. AKAKA. Mr. President, I am pleased that the Senate is acting on S. 3023, as amended, the proposed Veterans' Benefits Improvement Act of 2008, as passed by the House of Representatives earlier this week. The bill, as it comes before the Senate, is a compromise agreement developed with our counterparts on the House Committee on Veterans' Affairs. I thank Chairman Filner and Ranking Member Buyer of the House committee for their cooperation on this legislation. I also thank my good friend, the committee's ranking member, Senator Burr, for his cooperation as we have developed this bill. This omnibus veterans' benefits bill will provide much needed support to our Nation's veterans. It contains provisions that are designed to enhance compensation, claims processing, housing, labor and education and insurance benefits for veterans. A full explanation of the Senate and House negotiated agreement can be found in the Joint Explanatory Statement, which I will ask appear in the Record at the conclusion of my remarks. I will highlight a few of the provisions that I have sponsored in the legislation that is before us today. This legislation would result in improved notices being sent to veterans concerning their claims for VA benefits. Following a number of decisions by the U.S. Court of Appeals for Veterans Claims and the U.S. Court of Appeals for the Federal Circuit, VA's notification letters to veterans about the status of their claims have become increasingly long, complex, and difficult to understand. These notification letters must be simplified, as veterans, VA, veterans' advocates, and outside review bodies have all recommended. The notices should focus on the specific type of claim presented. They should use plain and ordinary language rather than bureaucratic jargon. Veterans should not be subjected to confusing information as they seek benefits. To further improve the VA compensation system, this legislation would end the prohibition on judicial review in the U.S. Court of Appeals for the Federal Circuit of matters concerning the VA rating schedule. VA issues regulations which are used to assign ratings to veterans for particular disabilities. Under current law, actions concerning the rating schedule are not subject to judicial review unless a constitutional challenge is presented. This legislation would amend the law to treat actions concerning the rating schedule in the same manner as all other actions concerning VA regulations. I expect VA to comply with all laws passed by Congress in developing and revising the rating schedule. However, justice to our Nation's veterans requires that actions concerning the rating schedule be subject to the same judicial scrutiny as is available for the review of actions involving other regulations. VA's Home Loan Guaranty Program may exempt homeowners from having to make a downpayment or secure private mortgage insurance, depending on the size of the loan and the amount of the VA guaranty. Public Law 108-454 increased VA's maximum guaranty amount to 25 percent of the Freddie Mac conforming loan limit determined under section 305(a)(2) of the Federal Home Loan Mortgage Corporation Act for a single-family residence, as adjusted for the year involved. The Economic Stimulus Act of 2008, Public Law 110-185, temporarily reset the maximum limits on home loans that the Federal Housing Administration may insure and that Fannie Mae and Freddie Mac may purchase on the secondary market to 125 percent of metropolitan-area median home prices but did so without reference to the VA home loan program. This had the effect of raising the Fannie Mae, Freddie Mac, and FHA limits to nearly $730,000, in the highest cost areas, while leaving the then-VA limit of $417,000 in place. On July 30, 2008, the Housing and Economic Recovery Act of 2008 was signed into law as Public Law 110-289. That law provided a temporary increase in the maximum guaranty amount for VA loans originated from July 30, 2008 through December 31, 2008, to the same level as provided in the stimulus act. The compromise agreement would extend the temporary increase in the maximum guaranty amount until December 31, 2011. This would enable more veterans to utilize their VA benefit to purchase more costly homes. The compromise agreement would also increase the maximum guaranty limit for refinance loans and increase the percentage of an existing loan that VA will refinance under the VA home loan program. Under current law, the maximum VA home loan guaranty limit for most loans in excess of $144,000 is equal to 25 percent of the Freddie Mac conforming loan limit for a single-family home. Public Law 110-289 set this value at approximately $182,437 through the end of 2008. This means lenders offering loans of up to $729,750 will receive up to a 25- percent guaranty, which is typically required to place the loan on the secondary market. Under current law, this does not include regular refinance loans. Current law limits to $36,000 the guaranty that can be used for a regular refinance loan. This restriction means VA will not guarantee a regular refinance loan over $144,000, essentially precluding a veteran from using the VA program to refinance his or her existing FHA or conventional loan in excess of that amount. VA is also currently precluded from refinancing a loan if the homeowner does not have at least 10 percent equity in his or her home. The compromise agreement would remove the equity requirement for refinancing from an FHA loan or conventional loan to a VA-guaranteed loan. This would allow more veterans to use their VA benefit to refinance their mortgages. Many veterans do not have 10 percent equity and thus are precluded from refinancing with a VA-guaranteed home loan. Given the anticipated number of non-VA-guaranteed adjustable rate mortgages that are approaching the reset time when payments are likely to increase, the committee believes that it is prudent to facilitate veterans refinancing to VA-guaranteed loans. In light of today's housing and home loan crises, additional refinancing options will help some veterans bridge financial gaps and allow them to stay in their homes and escape possible foreclosures. These provisions would allow more qualified veterans to refinance their home loans under the VA program. This omnibus benefits bill would also make crucial updates to the Uniformed Services Employment and Reemployment Rights Act, which protects service members' rights to return to their prior jobs with the same wages and benefits. The provisions in the committee bill are derived from S. 2471, the proposed USERRA Enforcement Improvement Act of 2007, which Senator Kennedy and I introduced on December 13, 2007. This legislation would ensure that Federal agencies assist service members in a more effective manner by requiring the Department of Labor to investigate and refer cases in a more timely manner and by requiring reports from the Department of Labor on their compliance with the deadlines. The omnibus benefits bill includes a provision derived from S. 3000, the proposed Native American Veterans Access Act of 2008, which I introduced on May 8, 2008. This provision is intended improve VA's ability to understand and respond to the needs of Native American veterans. While Native Americans are more likely to serve in uniform than the general population, many of them find cultural and geographical barriers between themselves and the benefits they earned through service. In addition, those returning to traditional homelands, especially reservation communities, frequently come home to dismal job opportunities and starved economies. The proposed bill would require a study to help us understand the employment needs of Native American veterans and how best to address them. The compromise agreement also includes provisions derived from legislation I introduced on April 25, 2007, S. 1215, which would update the Special Unemployment Study required to be submitted by the Secretary of Labor to the Congress by mandating that it cover veterans of Post 9/11 global operations. It would also require the report to be submitted on an annual, rather than a biennial, basis. By updating this report, Congress will have more data available on more recent groups of veterans--those who served and are serving in the Post-9/11 global operations. This will help with assessments of the needs of current veterans entering the work force and develop appropriate responses. Before I close, I recognize and thank the individuals involved in putting together this comprehensive measure. Specifically, I thank Kimberly Ross, Brian Lawrence, Juan Lara, and Mike Brinck from the House committee and Amanda Meredith, Mindi Walker, and Kevin Tewes from the minority staff on the Senate Committee. I also thank the majority staff who assisted me in developing the compromise agreement and all the legislation that led up to it. Patrick McGreevy, Mary Ellen McCarthy, Ted Pusey, Babette Polzer, and Dahlia Melendrez have worked throughout the 110th Congress on many of the provisions included in this legislation, and I am pleased that our collective efforts have led to this compromise agreement becoming a reality. 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. President, I ask unanimous consent to have the Joint Explanatory Statement, which was developed with our colleagues in the House, printed in the Record.