Daniel Akaka

Mr. AKAKA

Mr. AKAKA. Mr. President, I ask unanimous consent that the Senate Committee on the Judiciary be authorized to meet to conduct a hearing entitled ``Examining Approaches to Corporate Fraud Prosecutions and the Attorney-Client Privilege Under the McNulty Memorandum'' on Tuesday, September 18, 2007 at 10:30 a.m., in the Dirksen Senate Office Building, room 226. Witness list Panel I: Karin Immergut, United States Attorney, District of Oregon, U.S. Department of Justice, Chair; and White Collar Subcommittee for the Attorney General's Advisory Committee, Portland, Oregon. Panel II: Dick Thornburgh, Of Counsel, K&L Gates, Washington, DC; Daniel Richman, Professor, Columbia Law School, New York, NY; Michael Seigel, Professor, University of Florida Levin College of Law, Gainesville, FL; and Andrew Weissmann, Partner, Jenner & Block, New York, NY.

Mr. AKAKA. Mr. President, I ask unanimous consent that the Select Committee on Intelligence be authorized to meet during the session of the Senate on September 18, 2007, at 2:30 p.m., to hold a closed business meeting.

Mr. AKAKA

Mr. AKAKA. Mr. President, I rise to speak in support of H.R. 1124 and the opportunity it provides for DC's college-bound students. The reauthorization of the District of Columbia College Access Act of 1999 would continue a successful and effective scholarship program. The DC tuition assistance grant program, or DCTAG, provides scholarships to cover the difference between in-State and out-of-State tuition for eligible DC residents attending any public college or university in the country. DCTAG awards those recipients up to $10,000 annually and $50,000 total in tuition assistance. The original purpose of the bill was to address concern that college- bound students in the District were at a disadvantage because DC lacks a State university system. DCTAG expanded higher education opportunities by allowing students to attend public universities and colleges nationwide at in-State tuition rates. The original bill also allows students to attend a limited number of nonprofit private schools to receive scholarships of up to $2500 annually and $12,500 total. Students who attend any historically black college or university or any private school in the District, Maryland, or Virginia qualify for private school grants. The 2002 reauthorization clarified that the grants were only for U.S. citizens residing in DC. The success of the program is clear. Since the launch of DCTAG in 2000, participation among DC residents more than doubled from 1,900 recipients to 4,700 recipients. DCTAG has awarded 26,000 grants totaling over $141 million to 9,769 District students. I am pleased to say that a few of those grants went to students attending the University of Hawaii at Manoa in my home State. Not only are more students receiving grants; more are going to college. The college enrollment rate for DC public school students has doubled to 60 percent and 38 percent of students in the program are the first ones in their family to attend college. DCTAG affords many District residents a chance to go to college when they otherwise would not be able to afford it. In July, my Subcommittee on the District of Columbia held a hearing with the Mayor and his education leadership team on their reform proposal for the public school system. They offered a realistic picture of DC public schools and a realistic vision for accountability and reform. The Chancellor of Education, Michelle Rhee, and the Mayor are working very hard to improve the unacceptably low performance of DC students by recruiting talented teachers, reforming the administrative offices, and repairing crumbling schools. They deserve all the support that the Congress can provide in their efforts. As the cost of college tuition continues to rise at both public and private institutions, this scholarship program offers the District's students hope that if they perform well in high school they can have the same opportunity to access affordable, public, higher education as students in Virginia, in Maryland, and across the country. Students who know they have the opportunity to go to college are more likely to perform well in high school. The DCTAG program supports the Mayor's efforts to improve DC public schools by offering students the chance to go to college at a minimal cost to the Federal Government. The DCTAG bill was reported out of committee in February, and now is the time to finally get it passed. I understand my colleague and fellow committee member, Senator Coburn, has asked that two amendments to the legislation be considered. The first amendment would modify the eligibility standard for the scholarship recipients to exclude any student whose family earns an income of $1 million or more. Despite the high income threshold, I am concerned about starting down the road of making this a needs-based scholarship program. The program is designed to provide all DC residents access to a range of higher education institutions. I have agreed to accept this amendment despite my misgivings for the sake of the entire program's reauthorization. The second amendment, however, I am not prepared to accept. It would threaten the integrity and success of the program by increasing the grant amounts for private schools. Nearly 10 times the number of students in the program attend public schools versus private schools, and an increase in the grant amounts for private schools would reduce the overall available funding. Fewer students would be able to participate in the program, and lower income students trying to attend more affordable public schools, in particular, would be significantly burdened, in some cases, potentially, being forced to forego college altogether. For many students, the importance of this program in defraying out- of-State tuition costs means the difference between attending college or not. I cannot support this amendment, and I urge my colleagues to vote against this amendment as well. DCTAG has helped thousands of DC students who receive postsecondary education. Its credibility and its effectiveness is evident. I urge my colleagues to support the bill and oppose Senator Coburn's second amendment. I yield the floor and reserve the remainder of my time.

Mr. AKAKA

Mr. AKAKA. Mr. President, I wish to speak about the meaning of ``by request'' legislation and more specifically about my continuation of a longstanding practice in the Veterans' Affairs Committee of the chairman introducing legislation at the request of the administration. While I expect that those who deal regularly with the Veterans' Affairs Committee, such as the established veterans service organizations, understand the meaning of a bill introduced ``by request,'' I have recently become aware that there are some veterans who are unfamiliar with this practice and who, therefore, have misinterpreted my recent introduction of certain ``by request'' legislation as support for the passage of the bills into law. This is not the case. As our colleagues know, periodically the administration sends forward to the Congress legislation for consideration. Those measures that fall within the jurisdiction of the Veterans' Affairs Committee are referred by the Parliamentarian to our committee. In a tradition that began in the earliest days of the committee, the chairman, as a courtesy to the administration, introduces such bills on a ``by request'' basis. This is a courtesy that has generally been extended to every administration and by every chairman, regardless of the party affiliation of the administration or chairman, and one that I am pleased to continue. When I introduce legislation ``by request,'' I am taking no position on the legislation. In fact, I introduce such legislation without including any statement or explanatory materials. I do so for the express purpose of both accommodating the administration and ensuring that others are aware of the proposed legislation so that they might analyze it and, if they wish, comment upon it. As chairman, I am committed to the development of the best possible policy in the area of veterans issues and I firmly believe that this goal is most successfully achieved with the free exchange of ideas, not by stifling different points of view. During this Congress, in accordance with this practice, I have introduced four ``by request'' bills, S. 1757, S. 2025, S. 2026, and S. 2027. It is one of these measures, S. 2026, relating to certain Agent Orange issues, that has generated the most confusion among some veterans. I hope that my explanation of ``by request'' legislation helps to clear up these misunderstandings. I have taken no position on any of these four bills and simply introduced them as a professional courtesy to the administration. Indeed, at this point, I do not know whether these bills will receive consideration by the committee. For those who have views on some or all of these measures, I welcome your input. I ask that in providing your views you recognize that my introduction of ``by request'' legislation should not be interpreted as a reflection of my views on the content of any such bill.

Mr. AKAKA

Mr. AKAKA. Mr. President, today the National Reconnaissance Office, NRO, is honoring two individuals, Dr. Paul G. Kaminski and Mr. Sun Yet Wong, who have made significant contributions to the discipline of national reconnaissance. They will be inducted as members of Pioneer Hall. This prestigious award bestowed to 71 people is the NRO's highest honor. Of these two individuals, I am honored to know Mr. Wong and I wish to congratulate him on being selected by the NRO for the 2007 Class of Pioneers. The work of technological revolutionaries, such as Mr. Sun Yet Wong, has made significant and lasting contributions to the discipline of national reconnaissance, and has set the stage for future advancements in the field. His efforts have helped advance technology by contributing to the effectiveness of NRO satellite systems. Today, the NRO continues to build on his revolutionizing successes. Mr. Wong's career in national reconnaissance began in 1955 and continues to the present day. Although he is being honored with this award because of his outstanding work and contributions to the effectiveness of NRO satellite systems, Mr. Wong has been a major contributor to a number of technological advancements. Among his achievements, Mr. Wong was the key designer of support equipment for ground-test deployment of satellite solar panels whose application overcame a structural on-orbit deployment anomaly. He also introduced the use of a synthetic lubricant to stabilize and extend the life of control movement gyroscopes used on NRO satellites. He currently works as a consultant for TriSept Corporation and Boeing Space Systems. Mr. Wong is a true pioneer who continues to revolutionize technology. Again, I commend him for all that he has done and wish him the very best in future endeavors.

Mr. AKAKA

Mr. AKAKA. Mr. President, I express my strong support for the level of funding provided for the Department of Veterans Affairs in the pending Military Construction and Veterans Affairs appropriations bill for fiscal year 2008. I also take this opportunity to congratulate Senators Reed, Byrd, and the other members of the committee for their hard work on this measure. This bill truly reflects our commitment to fully fund veterans' health care and benefits. Indeed, the bill before us closely tracks the level of funding recommended by the Veterans' Affairs Committee in our Views and Estimates to the Budget Committee. This legislation would provide a $6.5 billion increase for VA health care over last year, $3.6 billion more than the President requested. This represents the largest increase in funding ever for VA health care. I am very pleased that there are additional funds included in this amount for the treatment of traumatic brain injuries, TBI, and for VA mental health programs, to treat the ``invisible wounds'' that many veterans suffer from after serving in combat. These are two areas of vital importance to servicemembers returning from Operations Iraqi and Enduring Freedom. I also thank the Military Construction-VA Appropriations Subcommittee members for their support of the VA Office of Inspector General. The $16 million increase for the OIG will enable that office to continue conducting extremely valuable oversight of VA. The VA inspector general has consistently been vitally important to the Veterans' Affairs Committee in the execution of our oversight responsibilities. The OIG is the central gear in VA's internal controls and quality assurance mechanism. I would like to take this opportunity to raise the issue of Priority 8--so-called middle-income--veterans and their current exclusion from the VA health care system. The majority members of the Veterans' Affairs Committee, in our Views and Estimates, endorsed re-opening enrollment to these veterans. That recommendation was followed. The omnibus health care authorization bill recently reported out by the Veterans' Affairs Committee contains a provision that would allow these veterans back into VA. We would fully allow the VA Secretary to close enrollment off at any time. It is my view that adequate funding to re- open enrollment exists. I want to also express my strong support for the $21.5 billion in funding for military construction projects included in this bill. This bill fully funds the administration's request for BRAC and the President's Grow the Force Initiative. It also includes the much needed funding necessary to repair and maintain the military facilities that are so critically important to the readiness and well-being of the Armed Forces. I am particularly in support of the bill's inclusion of $929 million for National Guard and Reserve construction. We have asked our National Guard and Reserve troops to commit significant sacrifices for this Nation and we should be prepared to provide these brave men and women the support they need to fulfill their duties. I thank Senator Reed and the other subcommittee members for their work on this bill and for sending the right message to both our Nation's veterans and those currently serving. We have made a commitment to providing support both before and after active service, and this measure honors that commitment. I urge my colleagues to support swift passage of the legislation before us today.

Mr. AKAKA

Mr. AKAKA. Mr. President, today I wish to honor a great storyteller with a passion and deep empathy for the people of Hawaii. After a 20-year career in television journalism, Ron Mizutani announced this week that he will be leaving his post as news anchor and reporter for a top rated Honolulu newscast to pursue interests outside of journalism. Ron exemplifies Hawaii's melting pot, our diverse human landscape rich with the contributions of unique cultures from around the Pacific and across the globe. His desire to make the islands he grew up in a better place for the future, while cherishing the cultures of old, is well known throughout Hawaii. Drawing on his personal heritage from Asia, Europe, and Hawaii's indigenous peoples, Native Hawaiians, Ron crossed cultural lines and played a major role in bringing the diverse people of Hawaii together into a cohesive unit. In his writing, Ron was true to the language and style of the islands. A proud graduate of my alma mater, Kamehameha Schools, Ron's colleagues routinely turned to him whenever they needed help with the pronunciation of a Hawaiian word or a greater understanding of traditional practices. Ron started his career as a sportscaster, and with time and experience moved into news reporting. He is one of the only in-studio anchors that would actually go out, get dirty and cover news in the field on location. As Ron's longtime photographer partner Greg Lau proudly recalls a day when an unusual storm generated high surf along the North-East shores of the islands, topping the beaches and coming into people's homes. Ron put his story second, jumping into the dangerous surf and ruining his clothes to help stack sandbags and salvage what could be saved. That was the part of the story viewers never knew, but colleagues certainly did. Telling stories about the people, places, and issues facing the islands of Hawaii was Ron's kuleana, or duty. Ron took his kuleana seriously. His work captured the soul of the islands and he came to work every day with a mission to tell his story in a way that was compelling while remaining true to the issues at hand. More importantly, he refused to sensationalize the news. Ron's storytelling ran the gamut: from entering homeless camps to tell the stories of the real people who had hit hard times amidst the islands' soaring property prices, following a local boy turned New York Mets hitter Benny Agbayani in his big moment in the World Series, the bittersweet celebration of a Native Hawaiian man who got his piece of Hawaiian Homelands after 50 years on a waiting list, to flying to the face of hurricanes to keeping Hawaii residents safe and informed, Ron always went to great lengths to shed light on stories he knew needed to be told. Mr. President, Ron's contribution to Hawaii's understanding of itself and its people will be sorely missed. We wish him well in his future endeavors.

Mr. AKAKA

Mr. AKAKA. Mr. President, I support the Children's Health Insurance Program Reauthorization Act. According to the Center on Budget and Policy Priorities, the Children's Health Insurance Program has reduced the number of uninsured children by one-third since its enactment in 1997. The administration's opposition to this legislation is a vital mistake that threatens the health and well being of our Nation's children. This program is not partisan and debate on this issue should not be ideological. We simply want children to have access to health care. Making investments in the health care of children will help ensure that they grow up into healthy adults. In order to learn and lead active and healthy lives, children must have access to health care. As of June 2007, 17,512 children were enrolled in Hawaii's Children's Health Insurance Program. An estimated 5 percent of children in Hawaii do not have health insurance. This is approximately 16,000 children who do not have health insurance. I am proud that my home State, Hawaii, has continued to develop innovative solutions to help increase access to health care. This year, Hawaii enacted legislation establishing the Keiki Care Program. The Keiki Care Program is a public-private partnership intended to make sure that every child in Hawaii has access to health care. Now is not the time to cut Federal resources provided to States to provide health care for children. The legislation currently before the Senate will preserve the access of health care for the 6.6 million children currently enrolled in the Children's Health Insurance Program. It will also expand health care access to an estimated 3.2 million children. The Children's Health Insurance Program Reauthorization Act must be enacted. This administration's opposition to this program is shortsighted and threatens the well-being of our Nation's children.

Mr. AKAKA

Mr. AKAKA. Mr. President, I congratulate Ashley Sagisi Moser, Miss Teen World United States, for her achievements in the 2007 Miss Teen World pageant. She placed first runner-up in the pageant and won the Miss Congeniality Award. The pageant was hosted in Queensland, Australia, where representatives from 14 countries competed for the title of Miss Teen World 2007. In addition to winning the Miss Congeniality Award, Ashley placed in the top five in every category, which included Miss Talent, Miss Photogenic, Best Costume, and Best Swimsuit. I am proud of Ashley's accomplishments, especially because she was one of the youngest contestants in this international pageant. Her stage presence and wit have allowed her to excel in pageants. She embodies the spirit of Aloha, which was noted by the judges and her fellow competitors. She represented the State of Hawaii and the United States very well. I also want to acknowledge Ashley's impressive leadership qualities, which are evident through her involvement in one of the State's most prestigious preparatory schools, Punahou School, and in her involvement in community activities. I encourage her to aspire to make a difference in the world by continuing to cultivate her leadership skills. I look forward to hearing more about her successes as she continues to pursue her education and personal goals. Congratulations to her parents Kendall and Sandra Moser, who have raised their daughter to be an exemplary representative of the United States on the international stage. I wish Ashley and her family the very best in their future endeavors.

Mr. AKAKA

Mr. AKAKA. Mr. President, I congratulate the Honolulu Bulls Soccer Club's Under-14 Division Girls Team for winning the Dana Cup No. 1 in Hjorring, Denmark. The Dana Cup is an international soccer tournament that takes place every summer and includes 300 girls and boys teams from 30 nations. The Under-14 Division Girls Team was one of 2 teams representing the United States out of 47 teams in that division. This was the first time a team from Hawaii has won this prestigious international tournament. I wish to acknowledge the girls' skill, hard work, and dedication to soccer that led them to this unprecedented victory. They showed strength and agility as they went undefeated in eight matches without a single goal scored against them. A special congratulations goes to Malia Brennan, who received the Golden Boot Award as the top player in the girls Under-14 Division. I wish to also acknowledge her teammates on their success: Jayci Cabael, Kayla Cabael, Lauren Stollar, Brooke Lovelace, Kianna Akazawa, Caprice Dydasco, Kadi Lee, Staci Mihara, Teisha Nacis, Sierra Nicols, Steffani Tanaka, Gabby Yates, McKenna Davidson, and Tracee Fukunaga. Their parents and families are recognized as well for their commitment, sacrifice, and support that helped shape and instill in them important values that led to their success. These young women could not have gotten where they are today without the support and knowledge of the game passed down to them from their coaches, Rick Chong and Kerry Miike. I commend these two men on their dedication to teaching, nourishing, and raising our next generation of athletes. I also congratulate everyone at the Honolulu Bulls Soccer Club for their commitment to educating and developing youth soccer players that strive to be competitive regionally, nationally, and internationally. I wish nothing but the best for the girls, their family, and coaches and wish them success in future endeavors.

Mr. AKAKA

Mr. AKAKA. I also was detained. Were I here, I would have voted no.

Mr. AKAKA

Mr. AKAKA. Mr. President, we have completed action on the conference report on H.R. 1, the Implementing Recommendations of the 9/11 Commission Act of 2007, and I wish to commend Senators Joseph Lieberman and Susan Collins for leading this effort in the Senate. I appreciate their hard work and dedication in forging a compromise on this important piece of legislation. As a conferee I was pleased to take part in reconciling the differences between the Senate and House versions of this bill. The work that has gone into this legislation has been matched by the tremendous commitment of all of those involved to ensure that our country remains secure in the face of natural and man- made threats. Now that the Senate votes on passage of the conference report, I would like to take this opportunity to highlight a few issues that are particularly important to me. The provision to create a Chief Management Officer, CMO, is a necessary step in addressing the serious management and integration challenges at the Department of Homeland Security. I am disappointed that the conference report language does not encompass the entire provision passed by the Senate designating the CMO as the principal advisor to the Secretary on management issues. The CMO must have the authority of a Deputy Secretary to address department-wide management functions. My good friend Senator Voinovich, with whom I have worked closely on the Oversight of Government Management Subcommittee, as well as Comptroller General Walker, and I have long advocated for a CMO at the Deputy Secretary level. I am pleased to see that strong privacy provisions included in the House and Senate bills were retained in this report. The Privacy Officer With Enhanced Rights Act, or the POWER Act, a provision championed by Congressman Bennie Thompson and I, will strengthen the investigative authority of the chief privacy officer at the Department of Homeland Security. I am also pleased that the report increases the independence of the Privacy and Civil Liberties Oversight Board, so that there will be no undue influence exerted on them. Both of these provisions go a long way in ensuring that increased security efforts will not be at the cost of Americans' right to privacy. The conference report also includes an important provision to increase reporting requirements for agencies using data mining. I was pleased to work with my good friends Senators Russell Feingold and John Sununu, on this language. Federal agencies use data mining technology to review and analyze millions of public and private records for many reasons, including the detection of criminal and terrorist activities. This raises privacy concerns since an agency may analyze various databases containing personal information without any specific suspicion of wrongdoing. In 2003, I asked the Government Accountability Office, GAO, to look into this issue, and in 2004, GAO reported that 122 Government data mining activities involved the use of personal information, 46 of which involved sharing personal information between agencies. GAO also found 36 data mining programs which used personal information from the private sector. However, these numbers did not include programs that are used for intelligence purposes. In 2005, GAO issued a follow-up report which found that agencies are not following all privacy and security policies. Given the increasing use of data mining and the threats such activities pose to Americans' privacy rights, I believe Congress must have a full accounting of agencies' data mining programs. That is why I am pleased the conference report retains the Senate language. Finally, I want to express my disappointment that we were not able to address protections for airline screeners in this legislation. It is essential that transportation security officers are given adequate employee protections, especially the right to collectively bargain like their colleagues at the Department of Homeland Security. I hope we will be able to address this issue in the future. While more still needs to be done, the conference report before us now provides much needed reform.

Mr. AKAKA

Mr. AKAKA. Yes.

Mr. AKAKA. That is true. I was a principal in an elementary school.

Mr. AKAKA. I was a principal for 6 years, before I was moved into the Governor's office.

Mr. AKAKA. Mr. President, I ask unanimous consent that the reading of the amendment be dispensed with.

Mr. AKAKA. Mr. President, I send an amendment to the desk.

Mr. AKAKA. Mr. President, I yield myself 15 minutes. In our United States, Native Hawaiians and other Pacific Islanders are far less likely than the average American to earn a bachelor's or graduate degree. This makes Native Hawaiians and other Pacific Islanders drastically underrepresented in higher education. Unfortunately, Pacific Islanders are left with fewer opportunities to lift themselves out of underrepresentation because, unlike African Americans, unlike American Indians, unlike Alaska Natives, and unlike Hispanics, Native Hawaiians and Pacific Islanders have been largely excluded from programs such as the McNair Achievement Program based on a determination that they are not an underrepresented group. The McNair program is designed to prepare young men and women from disadvantaged backgrounds who have demonstrated strong academic potential for doctoral studies through involvement in research and other scholarly activities. However, until the underrepresentation of Native Hawaiians and Pacific Islanders is addressed, the promise of the McNair program to help the underrepresented achieve their dreams of higher education will remain only partially fulfilled. According to a study conducted by the Pacific Islander Access project, Native Hawaiian and other Pacific Islanders have difficulty gaining access to programs for underrepresented minorities in higher education, such as the McNair Program. In fact, the study reported that more than 80 percent of these scholarship programs did not recognize Native Hawaiians and other Pacific Islanders as underrepresented. This is due, in part, to a misconception that Native Hawaiians and other Pacific Islanders are not a distinct group but are, instead, an Asian subgroup. This misconception is, to a large extent, rooted in the Federal Government's policy from 1977 to 1997 to lump Asians and Pacific Islanders into one category. Fortunately, in 1997, this Federal policy was changed to recognize that Pacific Islanders and Asians are separate and distinct groups. However, many programs, including the McNair Program, have yet to catch up with this Federal policy. It is to our Nation's credit that we have developed programs such as the McNair Program in response to the needs of our country's minority students, and my amendment in no way excludes other underrepresented groups. Rather, this amendment simply ensures that Native-Hawaiian and other Pacific-Islander students are also allowed full access to the opportunities afforded the McNair Program, which has opened the door to an advanced degree for so many in our Nation. I urge my colleagues to support this amendment and help young Native Hawaiians and other Pacific Islanders achieve their potential. I wish to thank the chairman for his zealous attitude in which he has tried to help all those in the United States who need help in education, and I commend him for that. Mr. President, I yield the floor.

Mr. AKAKA

Mr. AKAKA. Mr. President, I ask unanimous consent that the next Democratic speaker be Senator Harkin.

Mr. AKAKA. Mr. President, I rise to express my very deep concern about the administration's ongoing policy in Iraq. As a member of the Senate Armed Services Committee and chairman of the Subcommittee on Readiness, I have had the privilege to hear the testimony of our troop commanders, to hear our soldiers, to hear their families, and now--now more than ever--I insist we bring an end to this conflict. Already too many lives have been lost, too many men and women have been wounded and permanently injured, and too many spouses, parents, and children have suffered the pain of separation and too often permanent loss of a loved one. Yet according to the new National Intelligence Estimate, al-Qaida is growing stronger, and we are no closer to achieving a sustainable security in Iraq. We must make it clear to the Iraqi political leaders that the future of Iraq is in their hands, and they must learn to reach the political compromises necessary for a functioning democracy. Once again, we are at a crossroads. We can either continue to pursue a policy that is no longer working or we can move forward and implement a strategy that will set us on a new course. The time is now to reevaluate the costs of this war. We must understand that the long-term responsibility for caring for those injured during their service and for the families of those who died is a true cost of war. Over 3,600 members of the Armed Forces have given their lives in the service of this Nation. Thousands more will come home with injuries, both physical and psychological, that will require treatment and rehabilitation, processes that can take, as we know now, many years. Invisible wounds that are difficult to detect, such as PTSD and mild to moderate traumatic brain injury, will affect a great many servicemembers. In addition, it will make it difficult for them to adjust to civilian life as they deal with long-lasting visions and experiences they encountered in combat. While we can help the brave troops by passing critical legislation that will provide much needed counseling, these invisible wounds will take a long time to heal. Clearly, the total cost of the current conflicts includes both the loss of lives and resources needed to help a new generation of young combat veterans heal. The American people also believe that now is the time to begin the process of bringing our troops home. According to a recent poll, 63 percent of Americans believe that we should no longer continue on the present course of action set by the administration. They believe, as I believe, that the present surge has not been a success, and waiting until September to reconsider our approach is simply prolonging a war that is no longer our fight. I urge my Senate colleagues to support the Levin-Reed amendment to the Defense authorization bill, which will send a clear message to the citizens of this country that we hear their concerns and we agree it is time to bring our loved ones home. I yield the floor.

Mr. AKAKA

Mr. AKAKA. Certainly.

Mr. AKAKA. Mr. President, I thank the chairman and the ranking member for their leadership in bringing about changes that will make a huge difference in the military and in our country as well. Later today, I intend to offer, along with my good friend and ranking member of the Committee on Veterans' Affairs, Senator Craig, an amendment to the National Defense Authorization Act for Fiscal Year 2008 that would complement the outstanding work already done by the Armed Services Committee with the dignified treatment of wounded warriors amendment. Our amendment seeks to enhance the care servicemembers receive once they transition to veteran status. It would improve the capability of the Department of Veterans Affairs to care for veterans with traumatic brain injuries. It would also improve access to VA mental health and dental care, address the issue of homelessness among newly discharged servicemembers, and recognize the importance of the National Guard and Reserve in the VA's outreach programs. This amendment is a direct outcome of the close collaboration between the Veterans' Affairs Committee and the Armed Services Committee following our April 12 joint hearing. I was delighted to work with Chairman Levin of the Armed Services Committee, Ranking Member Craig of the Veterans' Affairs Committee, and others on this important amendment. I also thank Senators Rockefeller, Murray, Obama, Brown, and Mikulski for their cosponsorship of the amendment. Our amendment includes provisions recently approved by the Committee on Veterans' Affairs at our markup on June 27 and represents the VA Committee's work to address the seamless-transition issues in collaboration with the Armed Services Committee's work on S. 1606, the Dignified Treatment of Wounded Warriors Act. Our actions here today, Mr. President, represent true collaboration between the two committees--a model for how the Department of Veterans Affairs and Defense should be working together. At the heart of our amendment are improvements to TBI care. Ranking Member Craig and I worked on these TBI provisions, and they have garnered the support of many organizations, including the American Academy of Neurology, the Brain Injury Association of America, the Commission on Accreditation of Rehabilitation Facilities, and the Disabled American Veterans. The VA was caught flatfooted by the large number of devastating TBIs resulting from the conflicts in Iraq and Afghanistan. Our amendment would require individual rehabilitation plans for veterans with TBI and authorize the use of non-VA facilities for the best TBI care available. It would require the VA to implement and research an education program for severe TBI through coordination with other Federal entities conducting similar research. There is also a pilot program for assisted-living services for veterans with TBI. This is comprehensive TBI legislation. The amendment also addresses the amount of time a newly discharged servicemember has to take advantage of the unfettered access to VA care for which they are eligible. Under current law, any Active-Duty servicemember who is discharged or separated from active duty following deployment to a theater of combat operations, including members of the Guard and Reserve, is eligible for VA health care for a 2-year period without reference to any other criteria. Our amendment would extend this period to 5 years. There are two primary reasons for allowing a greater period of eligibility: protection from budget cuts and ensuring access to care for health concerns--such as mental health or readjustment problems-- that may not be readily apparent when a servicemember leaves active duty. In recent years, funding for VA health care has too often been delayed by the legislative and appropriations process, leading to delayed or denied care for veterans with lower priorities for VA care. Veterans who have served in a combat theater deserve to have their health care guaranteed for at least the 5 years immediately following their discharge. With regard specifically to mental health and readjustment issues, 2 years is often insufficient time for symptoms related to PTSD and other mental illnesses to manifest themselves. In many cases, it takes years for these invisible wounds to present themselves, and many servicemembers do not immediately seek care. Experts predict that up to 30 percent of OIF and OEF servicemembers will need some type of readjustment service. Five years would provide a more appropriate window in which to address these risks. With over 1.4 million Americans having served in OIF and OEF and with over 600,000 of those members already eligible for VA health care because they have left active duty or, in the case of Reserve Forces, have been demobilized, extending this eligibility will help smooth their transition to civilian life. To further address the mental health needs of separating servicemembers, we have included a provision in our amendment that would require the VA to provide a preliminary mental health examination within 30 days of a veteran's request for it. I thank Senator Obama for his work on this provision. We have learned from past wars that the longer mental health needs go unmet, the more difficult and extended the recovery. Additionally, as servicemembers separate from active duty and become veterans, the threat of homelessness always exists as they reintegrate into society. We have all heard the sad and shocking statistic that one out of every three homeless persons on the street at any given time is a veteran. To further assist transitioning service members, our amendment requires the VA to conduct a demonstration project to identify those who are at risk of becoming homeless upon discharge or release from active duty. The demonstration project would provide referral, counseling, and support services for these individuals. It has been proven through previous VA efforts that this process can reduce the incidence of homelessness and other problems among veterans. This amendment also addresses the issue of the VA's outreach to members of the Guard and Reserves. In the ongoing global operations, the reserve components have been used on an unprecedented scale. When these citizen soldiers redeploy and demobilize it is essential that the VA include them in outreach efforts. To recognize the importance of the Guard and Reserve, and to acknowledge their contribution to the Nation's efforts, this amendment would redefine the VA's definition of outreach to include specific reference to the Guard and Reserve. Finally, the amendment also addresses VA dental care for separating servicemembers by extending the window to apply for VA dental benefits following discharge from active duty. This amendment extends from 90 days to 180 days the application period for such benefits. Recently returned servicemembers face significant readjustment, and dental concerns may not be a top priority. In addition, members of the National Guard and Reserve are often given 90 days of leave following discharge from active duty, and, upon return to their units, the opportunity to apply for dental benefits has passed. The extension to 180 days would improve access to care and facilitate smoother transition from military to civilian life. Our amendment touches on many of the issues that are affecting transitioning servicemembers and newest veterans. It truly complements the outstanding work that was done by the Armed Services Committee to take care of wounded warriors. I urge all of my colleagues to support this amendment when it comes before the Senate. Thank you, Mr. President.

Mr. AKAKA. Mr. President, I ask unanimous consent that Senator Isakson be added as a cosponsor of this amendment.

Mr. AKAKA. No objection.

Mr. AKAKA

Mr. AKAKA. Madam President, I thank Chairman Levin and Ranking Member McCain for their leadership and working in a bipartisan fashion to unanimously pass the National Defense Authorization Act for Fiscal Year 2008 out of committee. I also thank my ranking member of the Subcommittee on Readiness, Senator Ensign, and the members of that committee for their work in bringing this about. This bill exemplifies what can be achieved through the spirit of bipartisan cooperation to address a number of important defense priorities. As our distinguished chairman has already highlighted, this bill includes a 3.5 percent across-the-board pay raise for all uniformed personnel, adds $4 billion to the President's budget for mine resistant vehicles to protect our troops in Iraq and Afghanistan. It also authorizes fiscal year 2008 end strengths for the Army and Marine Corps, of 525,400 and 189,000 respectively, an increase of 13,000 for the Army and 9,000 for the Marine Corps, and it supports the transformation of our Armed Forces to meet the threats of the 21st century. As chairman of the Readiness Subcommittee, both Ranking Member Ensign and I worked with our colleagues to continue the subcommittee's strong commitment to increasing the readiness of the Armed Forces. In this legislation, we are providing support to projects and programs that are important to the readiness of the Army, Navy, Air Force, and Marines, both active and reserve components. In this regard, $188.4 billion is authorized to meet the services' operation and maintenance requirements to support the combat operations, improve the readiness of deploying and nondeployed forces, and to support the Army and Marine Corps plans to increase their fiscal year 2008 end strengths. I believe all of us in the Senate are concerned that our military forces have what they need to be trained and ready, but I am particularly concerned about the readiness of our ground forces. This legislation before us today fully funds the Army and Marine Corps request for depot level maintenance. I am encouraged that neither the Army nor Marine Corps identified a shortage of funds for depot maintenance. While the Chief of Naval Operations did bring to this committee's attention a funding shortfall for Navy aircraft depot maintenance, we approved an increase of $77 million. In addition, we included $4.8 billion for the procurement of ammunition of all types to support the services' war fighting, training, and war reserve requirements. With regard to the Department of Defense's management and acquisition policy, I am particularly pleased this bill includes a provision requiring, for the first time, that the Department of Defense have a chief management officer. The Comptroller General has told the members of this committee on numerous occasions that the Department needs to do this to ensure that the Department's many high-risk areas get the top- level management attention they deserve. Other important acquisition reform provisions included in this bill are as follows: a provision that would provide the resources that DOD needs to address the shortcomings in its acquisition workforce; a series of provisions that would tighten DOD management of contract services; a provision that would ensure that our commanders on the battlefield have the authority they need to establish rules for armed contractors in an area of combat operations; a provision establishing guidelines for DOD to use in determining whether savings are ``substantial'' for the purpose of justifying multiyear contracts; and a provision that would require that each of the Assistant Secretaries for Acquisition in the military departments be assisted by a three-star military deputy who has significant acquisition experience. I believe these provisions, taken together, will lead to substantial improvements in the DOD acquisition process. I am particularly pleased this year's authorization bill includes a provision to establish a Director of Corrosion Control Policy and Oversight, and funding for corrosion prevention and control programs. Corrosion is a costly problem. In fact, it is one of the largest costs in the life cycle of weapons systems. In addition, corrosion reduces military readiness, as the need to repair or replace corrosion damage increases the downtime of critical military assets. Consequently, I firmly believe that cohesive corrosion control programs are integral to maintaining military readiness. This critical maintenance activity increases the life of multimillion dollar weapons systems and ensures their availability during times of crisis. Effective corrosion control should be made a key component of the Department of Defense's resetting strategy and funds should be allocated accordingly. This legislation also includes my legislation to establish a National Language Council to develop a long-term and comprehensive language strategy and oversee the implementation of that strategy. This will ensure that the administration's current efforts to promote foreign language competency will develop into an organized and concerted effort to improve the Nation's foreign language capabilities. We also make a valuable and important investment in our infrastructure by providing an additional $461 million above the budget request to repair, replace, and modernize our aging defense facilities and improve the quality of life and the productivity of our military. Furthermore, we make a true commitment to provide quality health care for all beneficiaries, including authorizing $24.6 billion for the Defense Health Program, authorizing the use of Federal pricing for drugs dispensed through the TRICARE retail program. In addition, we reject the administration's proposal to give DOD broad authority to increase TRICARE program cost-sharing amounts for military retirees and their dependents. As chairman of the Veterans' Affairs Committee and a member of the Armed Services Committee, I am able to look at the issue of seamless transition from military to civilian life from two different perspectives and, at the appropriate time, I will be offering an amendment to the underlying bill to improve care specifically for veterans. My friend and colleague Chairman Levin and I have worked together on these issues. We held a joint hearing on April 12 and have developed a thoughtful set of provisions to deal with the VA's response to traumatic brain injuries, also known as TBI and also known as invisible wounds. The amendment I will be offering includes provisions recently approved by the Committee on Veterans' Affairs at our markup on June 27. In fact, this amendment is a direct product of the committee's work to address seamless transition issues and is the corresponding piece to S. 1606, the Dignified Treatment for Wounded Warriors Act. At the heart of my amendment are the improvements to TBI care. Ranking Member Craig and I worked on these traumatic brain injury provisions and they have garnered the support of many organizations, including the American Academy of Neurology, the Brain Injury Association of America, and the Disabled American Veterans. The VA was caught flat-footed by the large number of devastating TBI cases resulting from the conflicts in Iraq and Afghanistan. My amendment would go a long way toward resolving the difficulties faced by soldiers afflicted with TBI by providing comprehensive TBI legislation. It would require individual rehabilitation plans for veterans with traumatic brain injury and authorizes the use of non-VA facilities for the best TBI treatment available. The amendment also requires much more research and education for severe TBI. We have even developed a pilot program for assisted living services for veterans with TBI. My amendment would also extend the period of automatic eligibility for VA health care from 2 to 5 years for servicemembers returning from combat. It would ensure access to care for conditions that may not be apparent when a servicemember first leaves active duty and would contribute to a seamless transition from military to civilian life. In addition, this amendment requires a preliminary mental health evaluation be conducted within 30 days of a servicemember's request. VA must be prodded to ensure timely access to mental health care. I thank Senator Obama for working with me on this important provision. Finally, our ongoing global operations have utilized the reserve components on an unprecedented scale. When these citizen soldiers redeploy, it is essential that VA include them in their outreach efforts. To recognize the importance of the National Guard and Reserve and to acknowledge their contributions to the Nation's efforts, my amendment redefines the VA's definition by specifically including them in the outreach program. The Senate Armed Services Committee has taken bold and necessary steps in this legislation that will provide the necessary funds and management reforms required to support our service men and women while allowing the military to continue to meet our Nation's future defense needs. Madam President, I yield the floor.