Daniel Akaka

Mr. AKAKA

Mr. AKAKA. Mr. President, I rise today to introduce legislation aimed to address the disposal of chemical weapons by the military from World War II until 1970. A report titled, Off-Shore Disposal of Chemical Agents and Weapons Conducted by the United States, lists possible sites and types of munitions that may be found in Hawaii. The Department of Defense has made tremendous strides in protecting the health and welfare of our citizens. However, it still is working on being better stewards of our environment. I am pleased the Army has taken preliminary steps to investigate these munition disposal sites in and around Hawaii. Given the health and safety threats that these munitions may pose, I am introducing legislation to ensure the Army will obtain a full accounting of the munitions found and the state of their condition. Furthermore, it requires the Army to monitor these areas for any health, safety, and environmental risks that these weapons may pose. Lastly, and more important, the Army will provide a report on remediation plans for these areas. Sadly the issue of disposing hazardous ordnance and waste is not new to the State of Hawaii. Our citizens are keenly aware of the dangers that hazardous waste poses to the health and safety of the public and the environment. In fact, Departments of Defense installations are responsible for generating half of all hazardous waste in Hawaii. For these reasons, it is important for Congress to send the right message, specifically in this case, and ensure that the Army completes its survey, monitors the sites, and provides a plan for remediation. I urge my colleagues to join me in passing this important legislation to ensure that, if the Department of Defense is responsible for disposing of hazardous materials, wherever it may be, then it should be held accountable for monitoring and providing a plan for remediation.

Mr. AKAKA

Mr. AKAKA. Mr. President, I rise to introduce legislation to repeal a provision in the Deficit Reduction Act that will require people applying or reapplying for Medicaid to verify their citizenship with a U.S. passport or birth certificate. I thank my cosponsors of this legislation, Senators Obama, Bingaman, Inouye, Lautenberg, Jeffords, Kerry, and Lieberman for their support. This provision must be repealed before it goes into effect July 1, 2006. We have arrived at this conclusion because it will create barriers to health care, and from information we have gathered from agencies, it is unnecessary and will be an administrative burden to implement. These are reasons for this legislation. The Center on Budget and Policy Priorities estimates that more than 51 million individuals in this country would be burdened by having to produce additional documentation. In 16 States--Arizona, California, Florida, Georgia, Illinois, Louisiana, Massachusetts, Michigan, Missouri, New York, North Carolina, Ohio, Pennsylvania, Tennessee, Texas, and Washington--more than a million Medicaid beneficiaries will be required to submit the additional documents to receive or stay on Medicaid. In Hawaii, an estimated 392,000 people who are enrolled in Medicaid will be required to produce the additional documentation. The requirements will disproportionately impact low-income, racial and ethnic minorities, indigenous people, and individuals born in rural areas without access to hospitals. Due to discriminatory hospital admission policies, a significant number of African-Americans were prevented from being born in hospitals. One in five African Americans born during 1939-1940 do not have birth certificates. We need to ensure that Medicaid beneficiaries are not discriminated against and do not lose access to care, simply because they do not have a passport or birth certificate. Data from a survey commissioned by the Center on Budget and Policy Priorities is helpful in trying to determine the impact of the legislation. One in 12 U.S.-born adults, who earn incomes less than $25,000, report they do not have a U.S. passport or birth certificate in their possession. Also, more than 10 percent of U.S.-born parents, who have incomes below $25,000, do not have a birth certificate or passport for at least one of their children. An estimated 3.2 to 4.6 million U.S. born citizens may have their Medicaid coverage threatened simply because they do not have a passport or birth certificate readily available. Some groups are at a greater risk for losing their Medicaid coverage. Nine percent of African-American adults reported they did not have the needed documents. Seven percent of people over age 65 also report that they do not have birth certificates. Many others will also have difficulty in securing these documents, such as Native Americans born in home settings, Hurricane Katrina survivors, and homeless individuals. It is difficult enough to get access to health care, let alone acquire a birth certificate or a passport before seeking treatment. Some beneficiaries may not be able to afford the financial cost or time investment associated with obtaining a birth certificate or passport. The Hawaii Department of Health charges $10 for duplicate birth certificates. The costs vary by State and can be as much as $23 to get a birth certificate or $87 to $97 for a passport. Taking the time and obtaining the necessary transportation to acquire the birth certificate or a passport, particularly in rural areas where public transportation may not exist, creates a hardship for Medicaid beneficiaries. Failure to produce the documents quickly may result in a loss of Medicaid eligibility. Further compounding the hardship is the failure to provide an exemption for individuals suffering from mental or physical disabilities from the new requirements. I am really afraid that those suffering from diseases such as Alzheimer's may lose their Medicaid coverage because they may not have or be able to easily obtain a passport or birth certificate. It is likely these documentation requirements will prevent beneficiaries who are otherwise eligible for Medicaid to enroll in the program. This will result in more uninsured Americans, an increased burden on our healthcare providers, and the delay of treatment for needed health care. The hardships that will be imposed are unnecessary due to existing requirements that check immigration status. A 2005 study by the Health and Human Services Office of the Inspector General concluded there is no substantial evidence indicating that illegal immigrants claiming to be U.S. citizens are successfully enrolling in Medicaid. Twenty-eight of 47 Medicaid directors, surveyed by the Health and Human Services Inspector General, indicated that requiring documentary evidence of citizenship would delay eligibility determination. Twenty- five believe that providing additional evidence would result in increased eligibility personnel costs. State Medicaid Agencies would likely have to hire additional personnel to handle the increased workload with significant, additional administrative and financial costs. Twenty-one believe that it would be burdensome or expensive for applicants to obtain a birth certificate or other documentation. In my home State, the Hawaii Primary Care Association estimates the administrative costs for our Department of Human Services will result in an increased cost of $640,000. Mr. John McComas, the Chief Executive Officer, of AlohaCare, stated, ``We anticipate that there will be significant administrative costs added to our already overburdened Medicaid programs. These provisions are absolutely unnecessary and place an undue burden on the Medicaid beneficiary, to our entire Medicaid program, and ultimately to our entire state.'' I am frequently frustrated by the inability of the Congress to enact measures to improve health care for Americans. A misconceived provision to mandate these additional documentation requirements will cause real people real pain, and create public health and administrative difficulties. The provision in the Deficit Reduction Act will force every current and future Medicaid beneficiary to produce a passport or birth certificate. I look forward to my colleagues working with me to repeal this provision. I am hopeful that as my friends in the Senate go home during recess, they talk with their constituents at health centers, State Medicaid offices, and social service organizations, and hear how important it is to them for this legislation to be enacted to protect access to Medicaid. Mr. President, I ask unanimous consent that the full text of the bill be printed in the Record, as well as letters of support and concern from AlohaCare, the Association of Asian Pacific Community Health Organizations, Maternal and Child Health Access, the Hawaii Primary Care Association, and Siren.

Mr. AKAKA

Mr. AKAKA. Mr. President, I rise today to introduce legislation aimed to address the disposal of chemical weapons by the military from World War II until 1970. A report titled, Off-Shore Disposal of Chemical Agents and Weapons Conducted by the United States, lists possible sites and types of munitions that may be found in Hawaii. The Department of Defense has made tremendous strides in protecting the health and welfare of our citizens. However, it still is working on being better stewards of our environment. I am pleased the Army has taken preliminary steps to investigate these munition disposal sites in and around Hawaii. Given the health and safety threats that these munitions may pose, I am introducing legislation to ensure the Army will obtain a full accounting of the munitions found and the state of their condition. Furthermore, it requires the Army to monitor these areas for any health, safety, and environmental risks that these weapons may pose. Lastly, and more important, the Army will provide a report on remediation plans for these areas. Sadly the issue of disposing hazardous ordnance and waste is not new to the State of Hawaii. Our citizens are keenly aware of the dangers that hazardous waste poses to the health and safety of the public and the environment. In fact, Departments of Defense installations are responsible for generating half of all hazardous waste in Hawaii. For these reasons, it is important for Congress to send the right message, specifically in this case, and ensure that the Army completes its survey, monitors the sites, and provides a plan for remediation. I urge my colleagues to join me in passing this important legislation to ensure that, if the Department of Defense is responsible for disposing of hazardous materials, wherever it may be, then it should be held accountable for monitoring and providing a plan for remediation.

Mr. AKAKA

Mr. AKAKA. Mr. President, it was 80 years ago when we first recognized February as Black History Month. Today, I am pleased to rise to add my voice to those honoring African Americans. African Americans have both a tragic and vibrant history in the United States. This month is an opportunity to reflect upon their struggles, perseverance, and triumphs. African Americans have contributed to every segment of our community, ranging from politics and sports to medicine and business--and have greatly impacted the music industry. Our society continues to benefit from their service as national leaders, role models, athletes, scholars, and much more. As you know, we cannot reflect on the achievements of our friends without remembering the civil rights movement. I vividly remember the movement's powerful call for nonviolent change. In 1963, my brother, Rev. Abraham Akaka, joined Dr. King for the famous March on Washington to help show Hawaii's support for the movement. Since 1926, Americans have dedicated the month to honoring the African American legacy. As a staunch supporter of civil rights, I am proud of the many ways that our country has evolved into a more fair and just nation since the movement. Earlier this week, we bid a fond farewell to Coretta Scott King, who, along with her husband Dr. Martin Luther King, Jr., carried the torch against discrimination and bigotry everywhere. As a nation, we are indebted to the Kings and their life's work, and the work of countless other civil rights leaders. However, it is an unfortunate reality that, despite all of this progress, inequities remain. To properly pay tribute to their legacy, I believe that it is important that we use this month not just as a time for reflection, but also as a springboard for action. In looking back at the progress of African Americans throughout the years and how it has changed the face of our Nation, it is clear that Black history is American history. As a nation, we must work together to close the gap on these important issues. Where possible, we must work in our communities on a local level, to ensure that all members of our society have equal opportunities to thrive and succeed. This is also a national problem that requires a refocusing of national legislative priorities. Earlier this week, President Bush released his budget for fiscal year 2007, and I was disappointed that he did not devote the proper resources to these fundamental issues. President Bush's budget once again underfunds important health care and education priorities. It saddens me that so many people will be negatively affected by the President's proposals. Unfortunately, the administration has again demonstrated a disregard for domestic programs to improve the lives of working people at the expense of tax cuts for the wealthiest. The administration needs to refocus its priorities. There are a variety of legislative initiatives that have been introduced this Congress which will address the shortcomings in education and health care for minorities, including African Americans. Earlier this year, I introduced S. 1580--the Healthcare Equality and Accountability Act-- which establishes programs designed to improve the quality of and access to health care for minorities, while also improving health workforce accountability. My bill also includes a comprehensive diabetes education program. Diabetes is a disease that disproportionately impacts African Americans and other minorities such as native Hawaiians. As a former teacher, I have seen the ways that education can open doors for people from all walks of life. For that reason, I also introduced S. 1521, the Teacher Acculturation Act of 2005. This bill recognizes that cultural incongruence along racial, socioeconomic, and ethnic vectors impedes learning in our classrooms. Too often, this makes it difficult for knowledge that needs to be transmitted between students aiming to learn and teachers seeking to teach. My bill helps teachers implement strategies to create a healthy learning environment for all students. I am hopeful that my colleagues will join me in support of my bills, which address significant gaps in services for minorities and African Americans. I am proud to stand with my Democratic colleagues in working to support and empower African Americans in addressing important issues like education, health care, and the economy. As we move through the month of February, I am hopeful that we can work together to make America a better place for all Americans.

Mr. AKAKA

Mr. AKAKA. Mr. President, the time has come to put our money into action and expand educational opportunities in science, math, and foreign languages. I began my professional career as an educator. Fighting to ensure a prosperous future for our country and for Hawaii's children is why I am in Congress today. I hope this year we will see real progress by the enactment of legislation to make a real difference, for both the short- and long-term, in science, math, and foreign language education. I applaud President Bush's call in his State of the Union Address for increasing the number of teachers in math and science and making college-level courses more available to low income high school students. It is unfortunate that the budget reconciliation bill recently passed by the House cut $12 billion from the Federal student loan program, while the tax reconciliation bill we considered last week provides $70 billion in tax cuts for the wealthy. I know I am not alone when I say supporting college level courses in high school is no substitute for going to college. We need both and more of each. Robbing Peter to pay Paul robs our youth of their future. We need to make a sustained commitment to addressing critical educational issues in science, math, and foreign languages. The President is correct that America's ability to compete in global markets, and to defend ourselves against foreign threats, depend on our ability to educate future generations. Four years ago, Senator Durbin and I joined forces with a bipartisan group of Senators to introduce legislation to strengthen national security by encouraging the development and expansion of programs to meet critical needs in science, math, and foreign languages at the elementary, secondary, and higher education levels. I also introduced legislation to strengthen education opportunities for Federal employees in these critical areas, and improve the government's recruitment and retention of individuals possessing these skills. Last year, Senators Cochran, Dodd, and I introduced legislation to develop a national foreign language strategy. Some of our proposals have become law. Others were passed by the Senate, but the House refused to consider them. The Intelligence Reform Act of 2004 established two things promoted in our legislation. First, a rotation program to help mid-level Federal employees in the intelligence community improve their skills; and second, a scholarship program for individuals who possess critical skills, especially those in science, math, and foreign language, in exchange for service with the Federal Government. Still, America should rightly ask: why has it been so hard to make even these modest improvements? Especially when there have been numerous national studies and commissions that conclude we need to do better at educating Americans. In 2001, the Hart-Rudman Commission said that America needs a workforce skilled in science, math, computer science, and engineering. They said that the failure to foster these skills was jeopardizing America's position as a global leader. The commission also found that the maintenance of American power in the world depends upon the quality of U.S. Government personnel. It requires employees with more expertise in more countries, regions, and issues. This includes a commitment to language education. Legislation that I introduced along with my colleagues, some of which dates back to 2001, contains vital components that should be considered as we debate the President's proposed education initiatives. Some of these programs include: Funding the Federal Government's student loan repayment program for positions critical to national security and for staff with science and foreign language skills; providing financial incentives, including subsidized loans, for students earning degrees in science, mathematics, engineering, or a foreign language; establishing grant programs for local educational agencies that engage in public-private partnerships to improve science and math education; awarding fellowships to students who agree to work for the Federal Government and to Federal workers who wish to develop skills in critical national security fields; encouraging early foreign language study in our elementary and secondary schools by establishing foreign language partnerships for teacher training; promoting innovative foreign language programs through grants to higher education institutions; and establishing a National Foreign Language Coordination Council and language director to develop and oversee the implementation of a national language strategy that reflects input from all sectors of society. The intent of these programs is to support a revitalized, re- energized educational system in these critical areas from elementary through graduate school and improve the skills of our current labor force. Some of the programs would enhance certain skills of our Nation's teachers at all levels while providing them with the tools they need to sustain the development of our Nation's youth. For example, one program would develop foreign language partnerships between local schools and higher education foreign language departments to enhance teacher training and develop appropriate foreign language curricula. If we want to ensure America's future competitiveness in global markets, we need to engage America's industry in assisting our youth to develop the skills industry needs to compete. Another program proposed in our legislation establishes public- private partnerships to encourage the donation of scientific laboratory equipment, provide internship and mentoring opportunities, and to award scholarship funds for students in critical areas. To survive in a diverse world, Americans need to harness their natural diversity and expand linkages to their larger community. Education must be seen as a community effort. We must think more broadly when it comes to foreign languages. The program that Senator Durbin and I envisioned includes immersion programs where students take a science or technology related class in a non-English speaking country, or a cultural awareness program in which foreign language students study the science and technology issues of that country. It is important to understand what other countries are doing in science and technology before foreign innovations surpass our own. I am glad that President Bush has recognized that action must be taken to improve education in these critical areas by calling for increasing the ranks of advanced placement and international baccalaureate teachers and expanding access to AP and IB classes. I also thank him for finally taking steps to strengthen foreign language education in the U.S. with the National Security Language Initiative. However, real commitments need to be made. If we do not see education as a continual process for both the student and the teacher, a process designed to engage younger and older generations alike, then we will have created a product of only limited duration--a band-aid for our intellectual security. We need to think beyond high school and college level work. We need to engage all levels of schooling and, beyond that, we need to enhance our current workforce. We cannot afford to neglect today's workforce if we want to be successful building our future. I yield the remainder of my time. I suggest the absence of a quorum.

Mr. AKAKA

Mr. AKAKA. Mr. President, I ask unanimous consent I may have 15 minutes to speak as in morning business.

Mr. AKAKA

Mr. AKAKA. Mr. President, I rise today with my friends, Senators Kennedy and Dodd, to offer an amendment to address the costs of providing health care and improved benefits to troops serving in Iraq and Afghanistan. This amendment we offer today allows VA to provide care for returning troops--without displacing those veterans currently using the system. Let us never forget the budget disaster last year. Early in the year, we knew VA was not making ends meet. The administration, however, took months to come to that realization. And just last week, the President signed a declaration of emergency funding for $1.2 billion for fiscal year 2006. We cannot repeat last year's budget scenario. This amendment provides more cushion for this fiscal year and future years. Early warnings are that this will not be enough to cover expected shortfalls for this fiscal year. And VA will surely not have enough funding to open the system up to all veterans. In 2003, this administration closed the doors to all middle-income veterans who had not enrolled prior to that time. To date, more than 250,000 veterans who have tried to enroll for VA health care have been rejected. In Hawaii alone, 710 veterans were turned away at the door. We have no idea how many middle-income veterans never even try to enroll. This amendment also sends a message that the Senate wishes to ensure that our veterans are appropriately compensated. For many of our severely injured veterans, disability compensation is their only income--the only way for them to provide for their families. This amendment ensures that our wounded warriors receive the compensation they have earned. This amendment establishes a fund for infrastructure improvements. VA's infrastructure has suffered greatly over the past 5 years. Major construction projects were held up for some time while we waited for VA's own construction study. And while that process still awaits conclusion, VA has been trying to catch up with the projects that have been stuck in the queue for years. At the same time, the Department has faced consistent funding shortfalls that have paralyzed its ability to carry out these projects. Its no secret that when the health care account is strained, funds are then diverted from ``nonessential'' areas--such as maintenance and construction--to be spent on direct health care costs. Meanwhile, smaller scale projects are put in jeopardy. In my home State of Hawaii, we have a need for $6.9 million to build a new VA mental health facility in Honolulu. The costs of the war we are fighting today will continue to add up long after the final shot is fired, mainly in the form of veterans health care and benefits. I urge my colleagues to join us in this effort to see that they are provided the care they are currently earning.

Mr. AKAKA

Mr. AKAKA. Mr. President, I rise today in opposition to the confirmation of Judge Samuel Alito as an Associate Justice of the United States. In the months since President George W. Bush nominated Judge Samuel Alito as an Associate Justice on the U.S. Supreme Court, I have carefully considered his record. I evaluated his long history of government service and his work on the U.S. Court of Appeals for the Third Circuit, and I have closely followed his confirmation hearings. When I review all the evidence before me, I do not believe Judge Alito will be able to fairly apply the principles embodied in the U.S. Constitution. Our Constitution sets forth important civil rights and privacy protections that are fundamental to our way of life today. In recent years, these freedoms have been precariously protected by a delicate balance on the Supreme Court, with Justice O'Connor frequently tipping the scales in favor of the civil rights and privacy protections that so many Americans depend upon. I am disheartened by the reality that so many of these freedoms will likely be eroded when Judge Alito joins the Court. Judge Alito's approach to the law is not merely conservative, it is extreme. Judge Alito's opinions in race and gender employment discrimination cases have crafted a restrictive interpretation of civil rights laws that would make it much more difficult for women and minorities to prevail or even receive a jury trial. I am also troubled by Judge Alito's statement in his infamous 1985 job application that he was ``particularly proud'' of his work in the Reagan administration, where he counseled the administration to restrict affirmative action and limit remedies for racial discrimination. I cherish our system of checks and balances in Government, where each branch of the Government is coequal with the other. I believe that it is critical that this balance, which our forefathers so wisely and carefully created, is protected and maintained. However, Judge Alito supports the ``unitary executive'' theory, an expansive view of Presidential powers that he and his colleagues set forth while working in the Office of Legal Counsel of the Reagan Justice Department. Since joining the Third Circuit, Judge Alito made it clear that he still holds the premise of the ``unitary executive'' theory to be true, and this approach concerns me, especially in this political climate. This approach also undermines Congress's authority to protect the public. Judge Alito has ruled that Congress did not have the authority to pass the Family Medical Leave Act or to enact a Federal ban on the possession or transfer of machine guns. In both cases, the Supreme Court disagreed with Judge Alito's conclusions and upheld these protections, demonstrating that Judge Alito's opinions are not in the mainstream. I take my responsibility to provide advice and consent seriously. I cannot support Judge Alito's nomination. Unfortunately, Judge Alito is expected to be confirmed as Justice Sandra Day O'Connor's replacement. This means he will be in the position to affect a number of critical issues in the coming years. Important questions on privacy, the environment, Presidential power, and women's reproductive rights will all come before the Court to be resolved. With Judge Alito sitting on the Supreme Court, I am very concerned about the direction the Court will take our great Nation. Although during his hearings Judge Alito promised that he would not legislate from the bench, his record indicates otherwise. For the sake of our country, I am hopeful that Judge Alito will take seriously his commitments to uphold the principles of our Constitution.

Mr. AKAKA

Mr. AKAKA. Mr. President, we commend our majority leader for his diligent efforts to secure the agreement of other Senators so that the Senate could proceed to consideration of this measure that is so important to the citizens of Hawaii. I know that Senator Inouye joins me in expressing our deep appreciation for our leader's action in laying down a cloture petition prior to the August recess when unanimous consent could not be achieved. However, when the Senate reconvened in September, the tragic devastation of Hurricane Katrina clearly demanded the Congress's immediate action, and thus, Senator Inouye and I agreed to the proposal of the minority and the majority leader, that the cloture petition be vitiated. As we now approach the end of the first session of the 109th Congress--with pressing matters requiring the Nation's attention once again moving the Senate's consideration of S. 147 to the sidelines--we seek the guidance of the majority leader as to when our Leader anticipates that this measure may be brought before the Senate.

Mr. AKAKA. Mr. President, I thank the majority leader for his clarification and his commitment. We look forward to working with both leaders to bring S. 147 to the Senate floor at the earliest possible time in the second session of the 109th Congress.

Mr. AKAKA

Mr. AKAKA. Mr. President, as a member of the Congressional Asian Pacific American Caucus, the only Chinese American in the U.S. Senate, and sole native Hawaiian in the U.S. Congress, I thank my colleague from California, Senator Boxer, for introducing a bill to establish Asian American and Pacific Islander, AAPI, Serving Institutions which will improve the educational opportunities available to Asian Americans and Pacific Islanders throughout our Nation. I am proud to stand with her as a cosponsor of her bill. I also commend my colleagues, Congressmen David Wu and Mike Honda, in the other body for working to advance an AAPI Serving Institution bill. This legislation would authorize the Department of Education to establish an Asian American and Pacific Islander Serving Institution designation under the Higher Education Act. A higher education institution with an AAPI undergraduate enrollment of at least 10 percent would be eligible for grants to address and improve the institution's capacity to serve the AAPI community. In the Higher Education Act, titles III and V were established to provide aid for colleges and universities to expand educational opportunities for historically under represented and financially disadvantaged students. However, we need a program specifically for Asian American and Pacific Islander Americans. This legislation would assist in providing AAPI students with the equal opportunity to pursue a quality education. The AAPI community has made many significant contributions to our country, and is known as having the highest percentage of undergraduate and advanced degrees when compared to other racial or ethnic groups according to the College Board. However, as one of the most ethnically, culturally, and linguistically diverse groups in America, the success of the community as a whole masks the needs of its disparate groups who may not be doing so well. This is the ``model minority'' myth. In fact, serious challenges face Cambodian, Hmong, and Pacific Islander students, particularly in the acquisition of the English language. The AAPI population is one of the fastest growing populations in this country, including nearly 12 million Asian Americans and 1 million Pacific Islanders. Census projections show the AAPI population more than doubling by 2050 and comprising about 9 percent of the total U.S. population. As a significant part of our society, AAPIs and their higher education needs should be better understood and addressed, and the establishment of AAPI Serving Institutions would be a major step in the right direction for this multifaceted population. I urge my colleagues to join me in supporting Senator Boxer's legislation to enhance educational opportunities for Asian Americans and Pacific Islanders.

Mr. AKAKA

Mr. AKAKA. Mr. President, as a member of the Congressional Asian Pacific American Caucus, the only Chinese American in the U.S. Senate, and sole native Hawaiian in the U.S. Congress, I thank my colleague from California, Senator Boxer, for introducing a bill to establish Asian American and Pacific Islander, AAPI, Serving Institutions which will improve the educational opportunities available to Asian Americans and Pacific Islanders throughout our Nation. I am proud to stand with her as a cosponsor of her bill. I also commend my colleagues, Congressmen David Wu and Mike Honda, in the other body for working to advance an AAPI Serving Institution bill. This legislation would authorize the Department of Education to establish an Asian American and Pacific Islander Serving Institution designation under the Higher Education Act. A higher education institution with an AAPI undergraduate enrollment of at least 10 percent would be eligible for grants to address and improve the institution's capacity to serve the AAPI community. In the Higher Education Act, titles III and V were established to provide aid for colleges and universities to expand educational opportunities for historically under represented and financially disadvantaged students. However, we need a program specifically for Asian American and Pacific Islander Americans. This legislation would assist in providing AAPI students with the equal opportunity to pursue a quality education. The AAPI community has made many significant contributions to our country, and is known as having the highest percentage of undergraduate and advanced degrees when compared to other racial or ethnic groups according to the College Board. However, as one of the most ethnically, culturally, and linguistically diverse groups in America, the success of the community as a whole masks the needs of its disparate groups who may not be doing so well. This is the ``model minority'' myth. In fact, serious challenges face Cambodian, Hmong, and Pacific Islander students, particularly in the acquisition of the English language. The AAPI population is one of the fastest growing populations in this country, including nearly 12 million Asian Americans and 1 million Pacific Islanders. Census projections show the AAPI population more than doubling by 2050 and comprising about 9 percent of the total U.S. population. As a significant part of our society, AAPIs and their higher education needs should be better understood and addressed, and the establishment of AAPI Serving Institutions would be a major step in the right direction for this multifaceted population. I urge my colleagues to join me in supporting Senator Boxer's legislation to enhance educational opportunities for Asian Americans and Pacific Islanders.

Mr. AKAKA

Mr. AKAKA. Mr. President, I rise to congratulate our national championship football team from Hawaii, the Lihue Patriots Pee Wee team, which won the Pop Warner Division II National Championship in Orlando, FL, on December 9, 2005. The Patriots are the first from Hawaii to win a Pop Warner national title. The Patriots won the right to compete for the national championship by beating the undefeated East Tampa Bandits, 14 to 6, in a thrilling come from behind victory. In the championship game, the Patriots shut out the Hollister Vikings from San Jose, CA, 14 to 0, earning the Tomlin Championship trophy for the Pop Warner Division II Pee Wee bracket for 9- to 11-year-olds. The Lihue Patriots Pee Wee team members are: Darren Acoba, Taran Tani, Bron Dela Cruz, Kekoa Agustin, Kevin Reyes, Kalen Kimura, Henry Rodrigues, Jonathan Butac, Travis Koga, Austin Furumoto, Isaac Ramboyon, John Das, Rolland Fukushima-Peahu, Austin Oshiro, Erin Doi, Dustin Ferreira-Kashima, Shane Iwata, Shawn Taguas, Trey Smith, Wailea Kerr, Micah Hanano, and Isaiah Prunty. The team is coached by Mario Longboy, Bradley Hiranaka, Eugenio Nacnac, Craig Koga, Ralph Suniga, and Layton Tani. The Patriots are also supported by managers Tyler Manibog, Christie Kashima, and Johnny Pongasi and team moms Lori Koga and Jolly Iwata. I congratulate the Lihue Patriots on their history making victory, and I wish all of them the best in their future endeavors, in life and on the playing field. And I extend the same congratulations to all players and coaches who participated in this year's Pop Warner National Football Championships on a job well done.

Mr. AKAKA

Mr. AKAKA. Mr. President, I express deep concern about the conference report for S. 1932, the Deficit Reduction bill. Like many of my colleagues, I too have called for fiscal responsibility and restraint in government spending. However, my opposition to this conference report is not just based on fiscal restraint, but also against misplaced priorities. I voted against the bill when it first passed the Senate because of the draconian message that it sent to the American people, and now we face a package that is worse. We are all conscious that we are heading into the holidays--a time for celebration and reflection. Unfortunately, this is not true for some of us, especially for certain low-income families and individuals affected by this reconciliation package. While families who are well off sit at their lavishly decorated dining room tables, calculating the largess they enjoy as a result of tax cut extensions advocated by the majority party, other families will sit in stark contrast with spare fixings, worry, anxiety, and fear that comes with not knowing how they will survive. The package before us will hit families across the country right in the wallet. The cuts in the conference agreement decrease Medicaid benefits and increase Medicaid copayments and premiums. According to the Center on Budget and Policy Priorities, people living just above the poverty line may experience the most hardship, finding that they need to pay $20 to $100 for health care services that now cost no more than $3. These Medicaid changes, which total roughly $16 billion over the next 10 years, were not included in the original Senate bill. Welfare reform has been pending for several years now, but that is because the issues are complicated and there exists great contention in how far we want to go to ensure that welfare recipients are fully- participating members of the workforce. The approach in my State of Hawaii has been a kinder, realistic approach that works to ensure that recipients have the education, training, and other tools that they need to become and remain self-sufficient, for their own good and the good of their children. However, the provisions in the reconciliation conference report deny the Senate's balanced view on welfare reform and instead adopt some of the most controversial policy changes that will impose major unfunded mandates on States. It makes no sense to eliminate the flexibility States have to design work requirements for those families served wholly by State funds. According to preliminary estimates, Hawaii would have to increase its work participation rate by 16 percent or bring another 1,600 families into work from FY 2007 and beyond to meet the new standard, or face severe penalties. It also makes no sense to bring more welfare parents into the workforce without ensuring that their children will be adequately cared for through appropriate and adequate childcare assistance. According to CBPP, under this package, childcare would be available to an estimated 255,000 fewer children in low-income working families not receiving cash welfare assistance than in 2004. It is unconscionable to do this to our low-income families, particularly without giving Senators the opportunity for further and adequate deliberation. The conference agreement does not include cuts in food stamps, but that is one of the few bright lights in this package for vulnerable families. It also makes significant cuts in child support enforcement funding, Supplemental Security Income, and foster care assistance--none of which were included in the original Senate bill. These are clearly misplaced priorities. The better choice would have been to achieve savings by going after special interests catered to by the health care industry, but we are again seeking spending cuts on the backs of low- income families and individuals in our country. Finally, we may say that we are for increasing higher education opportunities, but this reconciliation conference report includes the largest cuts to student loan programs in history, a total of $12.7 billion. Some additional assistance is provided for certain students who are eligible for Pell grants, but the most needy students are not prioritized and additional hurdles make it difficult to apply for aid in the first place. The general Pell population--including about 14,000 students in my state of Hawaii--have been waiting for an increase in the base grant for several years now, but will have to wait longer because this conference report does not include that additional help for them to stay in school. For these and other reasons, I strongly oppose the conference report before us. I cannot vote in favor of a package with such harmful cuts-- particularly not this close to Christmas, and particularly not to impact those that need our help the most. Human kindness should abide throughout the year, but particularly at this time of year. This conference report simply embodies the opposite message.

Mr. AKAKA

Mr. AKAKA. Mr. President, today I raise my strong concerns about news reports regarding the administration's blatant disregard for American's privacy rights and civil liberties. I am shocked by the recent revelation that President Bush secretly authorized the National Security Agency to eavesdrop on Americans and others inside the United States to search for evidence of terrorist activity without court- approved warrants. I am equally appalled by the Pentagon's dismal enforcement of guidelines that reuire deleting information on American citizens from a counterterrorism database within 3 months if they pose no security threats. Government agencies are not following important rules and procedures designed to protect the American people. Just this summer, the nonpartisan Government Accountability Office issued a report at my request which found that agencies are not following privacy laws designed to protect personal information in Federal data mining systems. Considering that there are nearly 200 data mining systems in the Federal Government, these actions pose real threats to Americans' privacy. Merely having policies and safeguards in place does nothing if agencies are not following the law. As such, I cannot vote to renew some of the most troublesome PATRIOT Act provisions that threaten civil liberties, including the Government's far-reaching powers to obtain personal, medical, library, and business records or coduct ``sneak-and- peek'' searches, without ensuring that meaningful checks and balances are in place. I want to assure the people of Hawaii and all Americans that I am working on legislation to strengthen Federal privacy laws.

Mr. AKAKA. Mr. President, I rise to join my colleagues in thanking the gentleman from New Jersey, Senator Jon Corzine, for his service to the people of the Garden State and the rest of our country. My colleague and friend brought his extensive experience from corporate America to bear on the business that we conduct here, and our country greatly benefitted from his expertise. I enjoyed working with Senator Corzine during the time when I served on the Banking Committee. Under the leadership of Ranking Member Sarbanes, we shored up corporate governance through the enactment of Sarbanes-Oxley--the influence of which has been felt in corporate boardrooms, and even nonprofit boardrooms, across America. The Senate and the Congress will especially miss the dedication of our colleague in the effort to promote economic and financial literacy. Senator Corzine has been a stalwart in working with me, and Senators Sarbanes, Stabenow, Enzi, Allen, and others, to bring to light the need to reverse economic and financial illiteracy in our country. Senator Corzine has been an important ally in supporting several of my initiatives in this area, including annual efforts to secure and increase funding for the Excellence in Economic Education Act for grades K through 12; efforts to work on college campuses through the College Literacy in Finance and Economics or LIFE Act, S. 468; and annual resolutions designating April as the month for highlighting the need for financial literacy. I have been a proud cosponsor of his initiatives in this area, S. 923, S. 924, and S. 925. The TANF Financial Education Promotion Act, S. 923, requires a State to specify how it intends to establish goals and take action to promote financial education among parents and caretakers receiving Temporary Assistance for Needy Families assistance. The Education for Retirement Security Act, S. 924, authorizes grants for financial education programs targeted toward mid-life and older Americans, including striving to increase financial and retirement knowledge and reduce individuals' vulnerability to financial abuse and fraud. Finally, the Youth Financial Education Act, S. 925, authorizes grants to State educational agencies for the development and integration of youth financial education programs for students in elementary and secondary schools, as well as a grant to establish and operate a national clearinghouse for instructional materials and information regarding model financial education programs and best practices. It is clear that my colleague from New Jersey cares about giving people access to additional tools that can help them make decisions about credit and debt management, spending and saving, and essential choices in a world of limited resources, in addition to helping increase their financial acumen so as to avoid being taken in by predatory credit offers and unscrupulous marketing. I commend him for taking this broad view, and wish him and his family well as he goes on to lead the Garden State as its Governor.

Mr. AKAKA

Mr. AKAKA. Mr. President, I rise today, to discuss a matter of serious concern. On December 9, The Washington Post reported that the Department of Defense is investigating a video posted on an Aegis- employee affiliated Web site which contains scenes of violence and shooting against Iraqi civilians. An estimated 25,000 private security contractors are currently working in Iraq, earning anywhere from $550 to $1,500 a day. Many of them are doing their best to help maintain security for the reconstruction of Iraq. However, if the events displayed in the video are accurate, the actions of these few contractors put our troops at tremendous risk. The video depicts the back window of a PSD, personal security detail, vehicle. In the video you can hear a machine gun being fired at cars which are clearly more than 50 meters behind the vehicle. The cars drift off the road after many shots, leaving one to assume the driver has been shot dead. During the entire video, the Elvis Presley song ``Mystery Train'' plays in the background. This behavior is offensive. The actions of the individuals in the video put our troops at risk because such incendiary behavior only increases hatred towards Americans. Whether or not we agree with the troops' presence in Iraq, we all agree that the safety of our troops is paramount. Our troops in Iraq who wear uniforms are instant targets for retaliatory violence. The U.S. service men and women who deploy to Iraq serve because of a sense of selfless service and duty. As members of Congress, it is our duty to conduct oversight into the questionable behavior of the private security contractors. While our troops continue to be deployed to Iraq and the security situation remains fragile at best, it is in our best interest to make sure civilian-contractors do not exacerbate the situation any further. Therefore, I will be seeking a congressional inquiry into the operations and rules of engagement granted to private security contractors currently operating in Iraq. I will also recommend a review of the contract awarded to Aegis Specialist Risk Management. If these events are happening, we must stop them. We must take action so that our troops and the Iraqi people know that gratuitous violence on the part of the people we deploy or employ will not be tolerated.

Mr. AKAKA

Mr. AKAKA. Mr. President, I rise to speak about the resolution submitted today with the senior Senator from Hawaii; Dan Inouye. This resolution formally recognizes the 2006 centennial of Filipino immigration to Hawaii, acknowledges the contributions of the Filipino- American community to our country, and celebrates the long and productive relationship between the Philippines and the United States. On December 20, 1906, the first Filipino ``sakadas,'' or farm workers, arrived at Honolulu Harbor. Over the years Filipino workers provided an invaluable service for Hawaiian sugarcane and pineapple plantations. Other Filipino immigrants who arrived on the West Coast contributed to the workforce on farms in California and Washington, lumber operations in the North West, and salmon canneries in Alaska. Three years earlier, following the passage of the Pensionado Act, about 200 Filipino ``pensionados,'' or government scholars, were brought to the U.S. to receive an American education. Though many of the ``sakadas'' and ``pensionados'' intended to return to the Philippines, a number of them stayed to become American citizens, forming the foundation of today's Filipino-American community. Despite being the second-largest Asian-American group in the United States, the story of the Filipino-American community is largely unknown. This resolution pays tribute to the sacrifice of Filipino- Americans and their perseverance in the face of political, social, and ethnic adversity. Throughout our Nation, there are about 2.4 million Americans of Filipino ancestry. Hawaii has the second largest population of Filipino-Americans with 275,000 residing there today. Our country has benefitted greatly from the many accomplishments of the Filipino- American community, in all areas of society. As a Nation with a rich immigrant heritage, it is only right that our country recognizes the struggles and triumphs experienced by the Filipino community. I would also like to commend my other colleagues in Hawaii's Congressional delegation, Representatives Ed Case and Neil Abercrombie, for sponsoring this resolution in the other body. I would like to thank my intern, Sylvia Wan, for her assistance in preparing this statement. I urge my colleagues to support this resolution to honor the centennial of Filipino migration to Hawaii and their contributions to our country.

Mr. AKAKA

Mr. AKAKA. Mr. President, I rise today to talk about Representative John Murtha's statement on Iraq. John Murtha is right. We need an exit strategy from Iraq. The administration should have had one before the war. As I and other Members of Congress consistently requested before Operation Iraqi Freedom, OIF, began, it was imperative for the administration to have a plan for both entering and, now more importantly, for exiting Iraq. We are 2 years into OIF with no clear end in sight. There is no excuse for not having one now. We must provide the Iraqi people with the tools necessary to stand on their own. Only the Iraqi people can rebuild Iraq. Only the Iraqi people can defend Iraq. We cannot do it for them. We cannot want it more than they want it. What we must do is provide them with the means to accomplish this, but what we are unable to do is to give them the will. Whether we leave Iraq tomorrow, or in 6 months, or longer, the President needs to tell the American people when and how we will be able to withdraw our troops. We cannot afford to lose more Americans in Iraq. John Murtha is a great patriotic American. His service in the military and in the U.S. Congress cannot be measured. Those who disparage him tarnish only themselves. Everyone who knows John Murtha knows that he believes in his heart and soul in the American military and he will do everything he can to help them. He should be listened to for what he has done, for who he is, and because he is right.

Mr. AKAKA

Mr. AKAKA. Mr. President, I rise today to introduce legislation that will help ensure our homeland security is in the hands of the best and the brightest leaders. The Department of Homeland Security Qualified Leaders Act will establish minimum qualification standards for most Senate-confirmed positions in the Department of Homeland Security, DHS. I am joined by Senators Lautenberg and Carper in introducing this bill, and I thank them for their support. Hurricane Katrina and the resignation of Under Secretary Michael Brown have raised concerns regarding the experience and qualifications of political appointees in the Federal Government. Mr. Brown had minimal emergency management experience prior to joining the Federal Emergency Management Agency, FEMA. Despite Mr. Brown's 3 years as a senior official at FEMA, the agency faltered during Hurricane Katrina under his leadership. While not all of the Government's failures to prepare for and respond to Hurricane Katrina can be placed at Mr. Brown's doorstep, leadership matters. At a recent Homeland Security and Governmental Affairs Committee hearing on the Coast Guard's response to Hurricane Katrina, Cpt Bruce C. Jones, the commanding officer of Coast Guard Air Station New Orleans, testified, ``What counts most in a crisis, is not the plan, it's leadership. Not processes, but people. And not organizational charts, but organizational culture.'' According to Captain Jones, one of the reasons the Coast Guard was able to respond immediately and perform efficiently during Hurricane Katrina is because the leaders of the Eighth District and Sector New Orleans were able to make quick, sound decisions while following a predetermined plan. Quick thinking and good judgement cannot be written into a plan. In addition, DHS, with its multitude of management challenges, requires leaders with strong management experience. Over the past few years, the DHS Inspector General and the Government Accountability Office have cited DHS for poor contract management, ineffective financial systems, and major human capital challenges. Moreover, DHS is in the process of implementing its Second Stage Review, an attempt to better organize the Department to meet its many missions. As Secretary Michael Chertoff overhauls the Department to create what will hopefully be a structure that serve DHS well for years to come, he needs senior officials who have experience running large organizations--people who know which systems and chains of command work and which do not. Good managers are needed across the Federal Government, but nowhere are they more needed than in an infant agency. Comptroller General David Walker said in a September 21, 2005, interview with Federal Times that ``for certain positions, given the nature of the position, there should be statutory qualification requirements for any nominee.'' I agree. For these reasons, we must ensure that the right people are leading DHS. Our bill delineates requirements for Senate-confirmed positions based on their compensation under the Executive Schedule. The most senior officials, those in Executive Level II and III, will be required to possess at least 5 years of management experience, 5 years of experience in a field relevant to the position for which the individual is nominated, such as customs intelligence, or cybersecurity, and a demonstrated ability to manage a substantial staff and budget. These requirements will apply to the following positions: the Under Secretary of Science and Technology; the Under Secretary of Preparedness; the Director of FEMA; and the Under Secretary of Management. The Secretary and Deputy Secretary of Homeland Security are exempt from this bill. Executive Level IV positions will be required to possess significant management experience, at least 5 years of experience in a field relevant to the position for which the individual is nominated, and a demonstrated ability to manage a substantial staff and budget. These position include the Assistant Secretary for Immigration and Customs Enforcement; the Assistant Secretary for Customs and Border Patrol; the Assistant Secretary for Border and Transportation Security Policy; the Assistant Secretary for Plans, Programs, and Budgets; the Director of the Office State and Local Government Coordination and Preparedness; the Director of U.S. Citizenship and Immigration Services; the Inspector General; the Chief Financial Officer; the U.S. Fire Administrator; and the General Counsel. The bill exempts the commandant of the Coast Guard from this section since requirements for selection of the commandant already exist in law. I believe that any program or agency will succeed or fail based on leadership. This is especially true at Federal agencies, which need senior leaders with management skills and subject matter expertise. Our bill is a step in the right direction, and I urge my colleagues to join us in passing this important legislation. I ask unanimous consent that the text of the bill be printed in the Record following my statement.

Mr. AKAKA. Mr. President, I rise today to introduce legislation with my senior colleague from Hawaii, Senator Dan Inouye, to provide certain Federal public benefits for citizens of the Freely Associated State, FAS, who are residing in the United States. The bill would provide eligibility for nonemergency Medicaid, Food Stamps, Temporary Assistance to Needy Families, TANF, and Supplemental Security Income, SSI, to FAS citizens residing in the United States. Citizens from the FAS are from the Republic of the Marshall Islands, RMI, Federated States of Micronesia, FSM, and the Republic of Palau, which are jurisdictions that have a unique political relationship with the United States. The Compact of Free Association established these nations as sovereign states responsible for their own foreign policies. However, the FAS remain dependent upon the United States for military protection and economic assistance. Under the compact, the United States has the right to reject the strategic use of, or military access to, the FAS by other countries, which is often referred to as the ``right of strategic denial.'' In addition, the U.S. may block FAS government policies that it deems inconsistent with its duty to defend the FAS, which is referred to as the ``defense veto.'' The compact also states that the United States has exclusive military base rights in the FAS. In exchange for these prerogatives, the United States is required to support the FAS economically, with the goal of producing self- sufficiency, and FAS citizens are allowed free entry into the United States as nonimmigrants for the purposes of education, medical treatment, and employment. Many FAS citizens reside in the State of Hawaii. Since 1997, when Hawaii began reporting its impact costs, the State has identified more than $140 million in costs associated with FAS citizens. In 2002, the State of Hawaii expended more than $32 million in assistance to FAS citizens. P.L. 108-188, the Compact of Free Association Amendments Act of 2003, provides $30 million in annual funding for compact impact assistance to be shared between the State of Hawaii, Guam, the Commonwealth of the Northern Mariana Islands, CNMI, and American Samoa. While this funding is a positive step forward, it does not begin to reimburse the affected jurisdictions for the costs associated with FAS citizens. This legislation would provide assistance to states and territories that shoulder the majority of the costs associated with the compact. The Federal Government must provide appropriate resources to help States meet the needs of the FAS citizens--an obligation based on a Federal commitment. It is unconscionable for a State or territory to shoulder the entire financial burden of providing necessary educational, medical, and social services to individuals who are residing in that State or territory when the obligation is that of the Federal Government. For that reason, we are seeking to provide reimbursement of these costs. It is time for the Federal Government to take up some of the financial responsibility that until now has been carried by the State of Hawaii, CNMI, Guam, and American Samoa by restoring public benefits to FAS citizens. This bill would restore eligibility of FAS citizens for nonemergency Medicaid. FAS citizens lost many of their public benefits as a result of the Personal Responsibility and Work Opportunity, PRWORA, Act of 1996, including Medicaid coverage. FAS citizens were previously eligible for Medicaid as aliens permanently residing under color of law in the United States. After the enactment of welfare reform, the State of Hawaii could no longer claim Federal matching funds for services rendered to FAS citizens. Yet the State of Hawaii, Guam, American Samoa, and the CNMI have continued to meet the health care needs of FAS citizens. The State of Hawaii has used its resources to provide Medicaid services to FAS citizens. In 2003 alone, the State spent approximately $9.77 million to provide Medicaid services without receiving any federal matching funds. This represents a dramatic increase from $6.75 million in State fiscal year 2002. Furthermore, the trend in the need for health care services among FAS citizens continues to rise. During fiscal year 2004, the number of individuals served in the State of Hawaii's Medicaid program grew from 3,291 to 4,818 people based on the average monthly enrollment. This is an increase of 46 percent. This bill would also provide eligibility for FAS citizens residing in the United States to participate in the Temporary Assistance for Needy Families and Supplemental Security Income programs. According to Hawaii's attorney general, financial assistance in the form of the Temporary Assistance to Other Needy Families, TAONF, Program, a State program, provided $5.1 million to FAS citizens in State fiscal year 2003. This continues an upward trend from $4.5 million in State fiscal year 2002. This total includes funds that go to the General Assistance Program, which supports individuals and couples with little or no income and who have a temporary, incapacitating medical condition; the aged, blind, and disabled program for FAS citizens with little or no income who are not eligible for federally-funded Supplemental Security Income; and the State's TAONF Program that assists other needy families who are not eligible for federal-funding under the Temporary Assistance to Needy Families program. The financial assistance that the State of Hawaii provides to FAS citizens in the form of TAONF is a great support to those families attempting to achieve economic stability, but it has a significant financial impact on the State's budget. The bill would also provide eligibility for the Food Stamp Program. Mr. President, the Food Stamp Program serves as the first line of defense against hunger. It is the cornerstone of the Federal food assistance program and provides crucial support to needy households and those making the transition from welfare to work. We have partially addressed the complicated issue of alien eligibility for public benefits such as food stamps, but again, I must say it is just partial. Not only should all legal immigrants receive these benefits, but so should citizens of the FAS. Exclusion of FAS citizens from Federal, State, or local public benefits or programs is an unintended and misguided consequence of the welfare reform law. We allow certain legal immigrants eligibility in the program. Yet FAS citizens, who are not considered immigrants but who are required to up for the Selective Service if they are residing in the United States are ineligible to receiving food stamps. This bill corrects this inequity. Mr. President, I ask unanimous consent that the text of the bill be printed in the Record. I also ask unanimous consent that a letter of support I received last week from Director Lillian Koller of the State of Hawaii, Department of Human Services be printed in the Record. I look forward to working with my colleagues to enact this measure which is of critical importance to my State of Hawaii, which has borne the costs of these benefits for FAS citizens living in Hawaii for the past 19 years.

Mr. AKAKA

Mr. AKAKA. Mr. President, I rise today to introduce legislation that will help ensure our homeland security is in the hands of the best and the brightest leaders. The Department of Homeland Security Qualified Leaders Act will establish minimum qualification standards for most Senate-confirmed positions in the Department of Homeland Security, DHS. I am joined by Senators Lautenberg and Carper in introducing this bill, and I thank them for their support. Hurricane Katrina and the resignation of Under Secretary Michael Brown have raised concerns regarding the experience and qualifications of political appointees in the Federal Government. Mr. Brown had minimal emergency management experience prior to joining the Federal Emergency Management Agency, FEMA. Despite Mr. Brown's 3 years as a senior official at FEMA, the agency faltered during Hurricane Katrina under his leadership. While not all of the Government's failures to prepare for and respond to Hurricane Katrina can be placed at Mr. Brown's doorstep, leadership matters. At a recent Homeland Security and Governmental Affairs Committee hearing on the Coast Guard's response to Hurricane Katrina, Cpt Bruce C. Jones, the commanding officer of Coast Guard Air Station New Orleans, testified, ``What counts most in a crisis, is not the plan, it's leadership. Not processes, but people. And not organizational charts, but organizational culture.'' According to Captain Jones, one of the reasons the Coast Guard was able to respond immediately and perform efficiently during Hurricane Katrina is because the leaders of the Eighth District and Sector New Orleans were able to make quick, sound decisions while following a predetermined plan. Quick thinking and good judgement cannot be written into a plan. In addition, DHS, with its multitude of management challenges, requires leaders with strong management experience. Over the past few years, the DHS Inspector General and the Government Accountability Office have cited DHS for poor contract management, ineffective financial systems, and major human capital challenges. Moreover, DHS is in the process of implementing its Second Stage Review, an attempt to better organize the Department to meet its many missions. As Secretary Michael Chertoff overhauls the Department to create what will hopefully be a structure that serve DHS well for years to come, he needs senior officials who have experience running large organizations--people who know which systems and chains of command work and which do not. Good managers are needed across the Federal Government, but nowhere are they more needed than in an infant agency. Comptroller General David Walker said in a September 21, 2005, interview with Federal Times that ``for certain positions, given the nature of the position, there should be statutory qualification requirements for any nominee.'' I agree. For these reasons, we must ensure that the right people are leading DHS. Our bill delineates requirements for Senate-confirmed positions based on their compensation under the Executive Schedule. The most senior officials, those in Executive Level II and III, will be required to possess at least 5 years of management experience, 5 years of experience in a field relevant to the position for which the individual is nominated, such as customs intelligence, or cybersecurity, and a demonstrated ability to manage a substantial staff and budget. These requirements will apply to the following positions: the Under Secretary of Science and Technology; the Under Secretary of Preparedness; the Director of FEMA; and the Under Secretary of Management. The Secretary and Deputy Secretary of Homeland Security are exempt from this bill. Executive Level IV positions will be required to possess significant management experience, at least 5 years of experience in a field relevant to the position for which the individual is nominated, and a demonstrated ability to manage a substantial staff and budget. These position include the Assistant Secretary for Immigration and Customs Enforcement; the Assistant Secretary for Customs and Border Patrol; the Assistant Secretary for Border and Transportation Security Policy; the Assistant Secretary for Plans, Programs, and Budgets; the Director of the Office State and Local Government Coordination and Preparedness; the Director of U.S. Citizenship and Immigration Services; the Inspector General; the Chief Financial Officer; the U.S. Fire Administrator; and the General Counsel. The bill exempts the commandant of the Coast Guard from this section since requirements for selection of the commandant already exist in law. I believe that any program or agency will succeed or fail based on leadership. This is especially true at Federal agencies, which need senior leaders with management skills and subject matter expertise. Our bill is a step in the right direction, and I urge my colleagues to join us in passing this important legislation. I ask unanimous consent that the text of the bill be printed in the Record following my statement.

Mr. AKAKA

Mr. AKAKA. Mr. President, I rise today to introduce legislation with my senior colleague from Hawaii, Senator Dan Inouye, to provide certain Federal public benefits for citizens of the Freely Associated State, FAS, who are residing in the United States. The bill would provide eligibility for nonemergency Medicaid, Food Stamps, Temporary Assistance to Needy Families, TANF, and Supplemental Security Income, SSI, to FAS citizens residing in the United States. Citizens from the FAS are from the Republic of the Marshall Islands, RMI, Federated States of Micronesia, FSM, and the Republic of Palau, which are jurisdictions that have a unique political relationship with the United States. The Compact of Free Association established these nations as sovereign states responsible for their own foreign policies. However, the FAS remain dependent upon the United States for military protection and economic assistance. Under the compact, the United States has the right to reject the strategic use of, or military access to, the FAS by other countries, which is often referred to as the ``right of strategic denial.'' In addition, the U.S. may block FAS government policies that it deems inconsistent with its duty to defend the FAS, which is referred to as the ``defense veto.'' The compact also states that the United States has exclusive military base rights in the FAS. In exchange for these prerogatives, the United States is required to support the FAS economically, with the goal of producing self- sufficiency, and FAS citizens are allowed free entry into the United States as nonimmigrants for the purposes of education, medical treatment, and employment. Many FAS citizens reside in the State of Hawaii. Since 1997, when Hawaii began reporting its impact costs, the State has identified more than $140 million in costs associated with FAS citizens. In 2002, the State of Hawaii expended more than $32 million in assistance to FAS citizens. P.L. 108-188, the Compact of Free Association Amendments Act of 2003, provides $30 million in annual funding for compact impact assistance to be shared between the State of Hawaii, Guam, the Commonwealth of the Northern Mariana Islands, CNMI, and American Samoa. While this funding is a positive step forward, it does not begin to reimburse the affected jurisdictions for the costs associated with FAS citizens. This legislation would provide assistance to states and territories that shoulder the majority of the costs associated with the compact. The Federal Government must provide appropriate resources to help States meet the needs of the FAS citizens--an obligation based on a Federal commitment. It is unconscionable for a State or territory to shoulder the entire financial burden of providing necessary educational, medical, and social services to individuals who are residing in that State or territory when the obligation is that of the Federal Government. For that reason, we are seeking to provide reimbursement of these costs. It is time for the Federal Government to take up some of the financial responsibility that until now has been carried by the State of Hawaii, CNMI, Guam, and American Samoa by restoring public benefits to FAS citizens. This bill would restore eligibility of FAS citizens for nonemergency Medicaid. FAS citizens lost many of their public benefits as a result of the Personal Responsibility and Work Opportunity, PRWORA, Act of 1996, including Medicaid coverage. FAS citizens were previously eligible for Medicaid as aliens permanently residing under color of law in the United States. After the enactment of welfare reform, the State of Hawaii could no longer claim Federal matching funds for services rendered to FAS citizens. Yet the State of Hawaii, Guam, American Samoa, and the CNMI have continued to meet the health care needs of FAS citizens. The State of Hawaii has used its resources to provide Medicaid services to FAS citizens. In 2003 alone, the State spent approximately $9.77 million to provide Medicaid services without receiving any federal matching funds. This represents a dramatic increase from $6.75 million in State fiscal year 2002. Furthermore, the trend in the need for health care services among FAS citizens continues to rise. During fiscal year 2004, the number of individuals served in the State of Hawaii's Medicaid program grew from 3,291 to 4,818 people based on the average monthly enrollment. This is an increase of 46 percent. This bill would also provide eligibility for FAS citizens residing in the United States to participate in the Temporary Assistance for Needy Families and Supplemental Security Income programs. According to Hawaii's attorney general, financial assistance in the form of the Temporary Assistance to Other Needy Families, TAONF, Program, a State program, provided $5.1 million to FAS citizens in State fiscal year 2003. This continues an upward trend from $4.5 million in State fiscal year 2002. This total includes funds that go to the General Assistance Program, which supports individuals and couples with little or no income and who have a temporary, incapacitating medical condition; the aged, blind, and disabled program for FAS citizens with little or no income who are not eligible for federally-funded Supplemental Security Income; and the State's TAONF Program that assists other needy families who are not eligible for federal-funding under the Temporary Assistance to Needy Families program. The financial assistance that the State of Hawaii provides to FAS citizens in the form of TAONF is a great support to those families attempting to achieve economic stability, but it has a significant financial impact on the State's budget. The bill would also provide eligibility for the Food Stamp Program. Mr. President, the Food Stamp Program serves as the first line of defense against hunger. It is the cornerstone of the Federal food assistance program and provides crucial support to needy households and those making the transition from welfare to work. We have partially addressed the complicated issue of alien eligibility for public benefits such as food stamps, but again, I must say it is just partial. Not only should all legal immigrants receive these benefits, but so should citizens of the FAS. Exclusion of FAS citizens from Federal, State, or local public benefits or programs is an unintended and misguided consequence of the welfare reform law. We allow certain legal immigrants eligibility in the program. Yet FAS citizens, who are not considered immigrants but who are required to up for the Selective Service if they are residing in the United States are ineligible to receiving food stamps. This bill corrects this inequity. Mr. President, I ask unanimous consent that the text of the bill be printed in the Record. I also ask unanimous consent that a letter of support I received last week from Director Lillian Koller of the State of Hawaii, Department of Human Services be printed in the Record. I look forward to working with my colleagues to enact this measure which is of critical importance to my State of Hawaii, which has borne the costs of these benefits for FAS citizens living in Hawaii for the past 19 years.

Mr. AKAKA

Mr. AKAKA. Madam President, I thank the Senator from Montana and the Senator from Massachusetts for providing this time for me. Amendment No. 2583

Mr. AKAKA. Madam President, I rise today to offer my amendment to the pension bill to correct an injustice. I want to thank my cosponsors, Senators Specter, Feinstein, Salazar, and Inouye, for working with me on this amendment. I also want to thank the cosponsors of my stand- alone bill S. 685, which include Senators Isakson, Kennedy, Harkin, Obama, Durbin, Salazar, and Feinstein. The Federal Aviation Administration, FAA, requires commercial airline pilots to retire when they reach the age of 60. Pilots are therefore denied the maximum pension benefit administered by the Pension Benefit Guaranty Corporation, PBGC, because they are required to retire before the age of 65. This significant reduction in benefits puts pilots in a difficult position. With drastically reduced pensions and a prohibition on reentering the piloting profession because of age, many pilots are subjected to undue hardship. For plans terminated in 2005, the maximum benefit for someone that retires at 65 is $45,614 a year. For those who retire at 60, the maximum is $29,649. While I believe that Congress needs to address the issue of underfunded pension plans, I believe that it is also important for us to address this inequity. We must adopt this amendment to assist pilots whose companies have been or will be unable to continue their defined benefit pension plans. My amendment will slightly alter title IV of the Employee Retirement Income Security Act of 1974 to require the PBGC to take into account the fact that pilots are required to retire at the age of 60 when calculating their benefits. If pilots want to work beyond the age 60, they must request a waiver from the FAA. It is my understanding that the FAA does not grant many of these waivers, and I have even heard from some pilots that the FAA has never granted these waivers. Therefore, most of the pilots, if not all, do not receive the maximum pension guarantee because they are forced to retire at age 60. Pilots already lose substantial amounts of their promised pensions when the PBGC takes over their pension plans, but this needless penalty makes the pension cuts even harder to adjust to after a termination. This amendment would benefit US Airways and United Airlines pilots in addition to other legacy carriers whose pensions were absorbed by the PBGC. In my home State of Hawaii, I have 91 United and US Airways pilots in the Air Line Pilots Association data base. I also have 305 active or retired Aloha Airlines pilots in Hawaii. Aloha Airlines recently filed to terminate its pension plan. Other States, such as North Carolina and Virginia have 1,064 and 1,014 United and US Airways pilots respectively. As I look at the financial difficulties confronting Delta Airlines and Northwest Airlines, I am troubled by the prospect of even more pilots losing their plans and being subjected to this unfair penalty. I ask unanimous consent a letter of support from the Air Line Pilots Association be printed in the Record.