Daniel Akaka

Mr. AKAKA

Mr. AKAKA. Mr. President, I rise today to introduce the Furthering International Nuclear Safety Act of 2011 to enhance the implementation of the Convention on Nuclear Safety by taking a more systematic approach to improving civilian nuclear power safety. This legislation is cosponsored by Senator Carper, and Representative Fortenberry is introducing a House companion bill. The still unfolding nuclear emergency in Japan serves as a powerful reminder that the United States as a Nation, and as an influential member of the international community, must continually seek methods to enhance the safety posture of nuclear facilities worldwide. This year, April 26 will provide us with another sobering reminder: the 26th anniversary of the Chernobyl disaster in Ukraine. The Chernobyl disaster was the worst nuclear power accident in history and made clear the need for international nuclear safety norms. According to a report commissioned by United Nations agencies, millions of people were exposed to high doses of radiation, and approximately 350,000 people were displaced from their homes. The countries most directly affected by the disaster suffered estimated economic damages on the order of hundreds of billions of dollars, while thousands of square miles of agricultural and forest lands were removed from service. In the aftermath of this accident, over 50 countries, led by the United States, worked together to develop the Convention on Nuclear Safety. This convention was formally established in 1994, and the United States joined in 1999. Through the cooperative nature of the convention, which relies on peer-reviewed national reports and the sharing of best practices, countries that are party to the treaty work to improve their nuclear safety. Although civilian nuclear power programs have become safer since Chernobyl, the unfolding disaster in Japan makes clear that we must not become complacent. In future months, Japan and the international community will assess the damage and how to prevent its recurrence. This bill will provide a stronger framework for United States engagement in that process. Currently, there are nearly 450 civilian nuclear power reactors operating in 31 countries around the world, and at least 65 more are under construction. Countries such as Jordan, the United Arab Emirates, Thailand, and Vietnam have started or expressed interest in civilian nuclear power programs. The global expansion of nuclear power should be accompanied by greater attention to nuclear safety. Last year, the Government Accountability Office, GAO, completed a review of the Convention on Nuclear Safety in which GAO obtained the views of 40 parties to the Convention while carefully protecting individual respondent information. GAO found that the Convention has been very successful in improving nuclear safety but made recommendations to the United States Government that would enhance the Convention's effectiveness. The bill I am introducing today will implement GAO's recommendations and additional steps to improve nuclear safety worldwide. This bill urges the United States delegate to the Convention to take certain actions to enhance international nuclear safety. This includes the United States advocating that parties to the Convention more systematically assess their own progress through the broader use of performance metrics. Additionally, to increase access to information about nuclear safety, the delegate to the Convention will encourage parties to post their annual reports and answers to questions from other parties on the International Atomic Energy Agency's, IAEA, public website. IAEA will be encouraged to offer additional support, such as providing additional technical support; assistance as needed for parties' national reports; and support for Convention meetings, including language translation services. Further, the United States delegate will encourage all countries that have or are considering establishing a civilian nuclear power program to join the Convention. Finally, this bill calls for the Secretary of State to lead the development of a United States Government strategic plan for international nuclear safety cooperation for operating nuclear power reactors and to report on progress made in implementing this bill. International nuclear safety deserves our Nation's ongoing attention. As we continue to support Japan's efforts to prevent further deterioration at the damaged nuclear facilities, and as we approach the 25th anniversary of the Chernobyl disaster, we should be mindful that the use and expansion of nuclear power needs to be combined with supreme vigilance and concern for safety. I urge my colleagues to join me in supporting this legislation. Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. AKAKA

Mr. AKAKA. Mr. President, on behalf of myself and my Army Caucus cochair, the senior Senator from Oklahoma, Mr. Jim Inhofe, I rise today to recognize one of our country's finest soldiers. GEN George W. Casey, Jr., the 36th Chief of Staff of the U.S. Army, is retiring after over 40 years of distinguished service to our Nation. General Casey has led soldiers at every level from platoon to division and all the way to chief, continuing the tradition of service begun by his father, MG George W. Casey, Sr., Commander, 1st Cavalry Division, killed in a helicopter crash on July 7, 1970, while visiting his troops during his assignment in Vietnam. Later in 1970, General Casey earned his commission as a second lieutenant through Georgetown University's Reserve Officer Training Corps and began his service to our Nation as an infantry officer. While serving in Germany, he excelled as a platoon leader and was selected to attend Ranger School and Infantry Officer Advanced Course, Fort Benning, GA, in 1974. Over the next 12 years, General Casey was assigned to units within the 4th Infantry Division, Mechanized, Fort Carson, CO. These postings culminated in his promotion to lieutenant colonel, serving as Commander, 1st Battalion, 10th Infantry in 1985. In 1991, then-Colonel Casey continued his career with the 1st Calvary Division, Fort Hood, TX. His success led to an Army fellowship and congressional liaison assignments in the Washington, DC area. Colonel Casey then returned to Europe as the Chief of Staff, V Corps, United States Army Europe. When forces were ordered into Bosnia in support of Operation Joint Endeavor, Colonel Casey deployed to Taszar, Hungary, as part of USAREUR Forward. Later, leading the 1st Armored Division as Assistant Division Commander for Maneuver, he oversaw the peaceful resettlement of Bosnian villages throughout the Multi-National Division-North MND(N) area of operations. He also oversaw the security of the first free elections on September 14, 1996, as mandated by the Dayton Peace Accord. Over the next 10 years General Casey would make historic and lasting impacts as a leader at the highest levels of the Army. From 2001 until 2003, as the Director, Strategic Plans and Policy (J-5) to the Chairman of the Joint Chiefs of Staff, General Casey was a key figure in the crisis action planning to prosecute the global war on terror. In this position, General Casey was responsible for advising National, Defense, Joint and Army senior leadership about strategic issues and joint capabilities, requirements and resources. Later, his participation in Department of Defense and interagency affairs helped shape concepts that defined the future conduct of joint training and operations. The results of his efforts are visible today in the ongoing transformation of the American military into a more lethal, flexible, and responsive Joint force. In 2003, as Director of the Joint Staff, General Casey's uncompromising support of our nation's deployed forces contributed to successful operations in Afghanistan, Iraq, the Horn of Africa, the Philippines, and elsewhere around the world. During this period of changing global conditions and evolving challenges to the security of the United States, General Casey led the Joint Staff with unparalleled professional leadership and expertise. His participation in the national security decisionmaking process directly enhanced the security and welfare of the Nation. As the 30th Vice Chief of Staff of the Army from 2003 until 2004, General Casey employed his outstanding leadership and management skills to assist the Chief of Staff in supporting the Nation's war on terror and put the Army on course for one of the most profound transformations in their history. Recognizing the soldier as the centerpiece of the Army as well as the need to sustain the all-volunteer force that was stressed and strained by conflict, General Casey aggressively worked to care for soldiers and their families, ensuring the forces' success throughout the world. His legacy as the Vice Chief of Staff is an Army postured to meet the challenges of the 21st century as a result of his superior ability to lead in a period of war and profound transition. As the Commanding General of Multi-National Force-Iraq from 2004 until 2007 during Operation Iraqi Freedom, General Casey's leadership of a 32-nation coalition, in coordination with its Iraqi partners, developed and implemented the actions that eliminated numerous terrorist safe havens. This began the rollback of insurgent gains throughout the country, setting the conditions for Iraq's first free national elections after 30 years of tyranny. Later, through the implementation of a vigorous counterinsurgency and counterterrorism campaign, he established a level of stability and security which allowed infrastructure reconstruction activities in Iraq to quadruple. Following his service in Iraq, General Casey was selected to serve as the 36th Chief of Staff of the Army in 2007. He synchronized the continuous generation and deployment of combat power to meet requirements of two ongoing wars in Afghanistan and Iraq, and multiple operations around the world. A strategic leader for our Army, and our Nation, he has personally led the transformation of the Army to meet the security challenges of the 21st century and restore balance to the force to set the conditions for continued success in the second decade of this era of persistent conflict. These innovative changes enabled Army forces to execute wars in Iraq and Afghanistan, as well as successfully implement multiple humanitarian missions around the globe. When history looks back at the decades of service by the 36th Chief of Staff of the Army, it will be clear that he embodied the highest ideals of the American military professional. Our Nation owes General Casey, his wife Sheila, and their family its sincere appreciation for his truly extraordinary dedication to duty and service to the United States throughout his distinguished career in the U.S. Army. I wish him, his wife Sheila, their two sons Sean and Ryan and their families continued success and happiness in the future.

Mr. AKAKA

Mr. AKAKA. Mr. President, today, many dependent children of veterans who permanently and totally disabled from a service connected disability or who died in the line of duty are no longer being covered by their health insurance program. I am introducing important legislation that would make a critical adjustment to current eligibility requirements for children who receive health care under the Civilian Health and Medical Program of the Department of Veterans Affairs program. CHAMPVA was established in 1973 within the Veterans Administration to provide health care services to dependents and survivors of our Nation's veterans. CHAMPVA enrollment has grown steadily over the years and, as of fiscal year 2009, covers more than 336,000 beneficiaries. Under the current law, a dependent child loses eligibility for CHAMPVA upon turning 18-years-old, unless the child is enrolled in school on a full-time basis. After losing full-time status at school, or upon turning 23-years-old, an eligible child of a veteran would lose eligibility. The landmark health care reform act that was enacted into law last year includes a provision that requires private health insurance to cover dependent children until age 26. I believe it is only fair to afford children who are CHAMPVA beneficiaries the same eligibility as dependent children whose parents have private sector coverage. Beneficiaries are already being cut off from coverage. We need to take prompt action to extend coverage to the dependents of these veterans who have given so much to our country. I urge my colleagues to support this necessary modification. Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. AKAKA

Mr. AKAKA. Mr. President, today, many dependent children of veterans who permanently and totally disabled from a service connected disability or who died in the line of duty are no longer being covered by their health insurance program. I am introducing important legislation that would make a critical adjustment to current eligibility requirements for children who receive health care under the Civilian Health and Medical Program of the Department of Veterans Affairs program. CHAMPVA was established in 1973 within the Veterans Administration to provide health care services to dependents and survivors of our Nation's veterans. CHAMPVA enrollment has grown steadily over the years and, as of fiscal year 2009, covers more than 336,000 beneficiaries. Under the current law, a dependent child loses eligibility for CHAMPVA upon turning 18-years-old, unless the child is enrolled in school on a full-time basis. After losing full-time status at school, or upon turning 23-years-old, an eligible child of a veteran would lose eligibility. The landmark health care reform act that was enacted into law last year includes a provision that requires private health insurance to cover dependent children until age 26. I believe it is only fair to afford children who are CHAMPVA beneficiaries the same eligibility as dependent children whose parents have private sector coverage. Beneficiaries are already being cut off from coverage. We need to take prompt action to extend coverage to the dependents of these veterans who have given so much to our country. I urge my colleagues to support this necessary modification. Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. AKAKA

Mr. AKAKA. Mr. President, I ask unanimous consent to have printed in the Record the Committee on Indian Affairs Rules of Procedure.

Mr. AKAKA

Mr. AKAKA. Mr. President, I rise today to strongly oppose Senator Wicker's amendment to prevent Transportation Security Administration employees from being able to collectively bargain. There is no need for the Senate to use valuable time considering this issue right now. Congress gave the Administrator of TSA the authority to determine if and how collective bargaining should take place in the Air Transportation Security Act, which established TSA in the wake of the attacks of September 11. Administrator Pistole, who has a strong national security background, is evaluating this issue in detail and I believe we should let him complete his review. Although I believe Administrator Pistole should be given time to make the decision on granting collective bargaining rights to TSA employees, I want to address the arguments some are making in opposing TSA workers' rights. I believe giving TSA employees a greater voice in the workplace would be good for security. TSA suffers from low morale, high attrition, and high injury rates. National security is jeopardized when agencies charged with protecting our safety continually lose trained and talented employees due to workplace injuries and a lack of employee protections. Moreover, the vast majority of Federal employees have collective bargaining rights. This includes other employees of the Department of Homeland Security performing similar security functions, such as Border Patrol agents, Federal Protective Service officers, and Immigration and Customs Enforcement officers. In addition, there currently are some private airport screeners with full collective bargaining rights. Airport security is handled by contract screeners in a handful of airports, including some large ones. These contract employees have full collective bargaining rights. Ironically, some have recently been arguing for contracting security at more airports, saying the security is better there. To be clear, I strongly support federalized airport security, but if there are any benefits where security is contracted, perhaps it is because the screeners are unionized, not because they are privatized. Proponents of collective bargaining restrictions say they are necessary so that TSA has the flexibility to respond to emergencies. That is simply not true. Under Federal law, agencies are provided authority to take any actions they deem necessary to carry out their missions during an emergency. Granting collective bargaining rights would not in any way hinder TSA's flexibility to transfer employees in the event of a national emergency. Moreover, under civil service laws, TSA employees, as other Federal employees, would be prohibited from striking if they are granted collective bargaining rights. We all remember the heroic first responders who rushed into the World Trade Center and the Pentagon on September 11, 2001. I vividly recall the Capitol Police officers working frantically to protect our safety when it appeared the fourth plane could strike the Capitol. These were unionized workers. Like the heroes of 9/11, the brave men and women of TSA have dedicated themselves to protect our security. There is absolutely no basis for the Republicans to argue that TSA employees would invoke union contract restrictions rather than rise to the occasion in an emergency. I urge all Senators to protect TSA employees' opportunity to have a voice in their workforce by opposing the Wicker amendment. Mr. President, I yield back my time. I suggest the absence of a quorum.

Mr. AKAKA

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

Mr. AKAKA

Mr. AKAKA. Mr. President, this past Friday marked the annual Earned- Income Tax Credit Awareness Day. I rise to recognize the success and importance of this vital tax benefit for hard-working Americans. As our country continues its steady recovery from the worst economic conditions hard-working American men and women have faced since the Great Depression, families need financial relief and many people need jobs. As we renew our efforts to promote job creation, increase access to credit for small businesses, and restore confidence and stability to markets, we should not forget that we already have what one President once called ``the best anti-poverty, the best pro-family, the best job- creation measure to come out of Congress.'' President Ronald Reagan was talking about the earned-income tax credit. Since 1975, the EITC has helped to offset the impact of Social Security taxes for low- and moderate-income individuals. Nearly 26 million taxpayers across the country received the EITC when they filed their tax returns last year. In Hawaii alone, over 100,000 low- and middle-income workers received an average of nearly $2,000 for this tremendous tax benefit. These vital EITC resources help families pay for essentials such as food, housing, clothing, transportation, and education expenses. The earned-income tax credit is more important now than ever before. With many Americans still out of work, some families accustomed to budgeting based on the earnings of two people are struggling to survive on the income of one. Some people in Hawaii and across the country who are working new, lower paying jobs may be eligible for the earned- income tax credit for the first time. To be clear, every taxpayer who receives the EITC is hard working because the earned-income tax credit is only provided to Americans who work for a living. The EITC encourages individuals to find work, support themselves and their families, and improve their quality of life. A few years ago, only one in five taxpayers eligible for the EITC claimed their benefits. Since then, tremendous progress has been made. The number has risen to four in five, thanks in part to the tireless work of taxpayer consumer advisers and advocates in our communities. Our goal now should be to see to it that all eligible taxpayers claim their EITC benefits this year. That would mean in Hawaii alone about 34,000 more taxpayers would receive much needed financial relief, with similar results across the country. I plan to reintroduce the Taxpayer Abuse Prevention Act in this 112th Congress. My bill is intended to protect low- and middle-income taxpayers from falling victim to unscrupulous lenders. Historically, many EITC recipients have turned to predatory refund anticipation loans which are short-term loans typically carrying steep interest rates. Working families cannot afford to lose a significant portion of their EITC to these expensive short-term predatory loans. My bill will better protect consumers from predatory lenders that prey on the EITC benefits of low-income taxpayers, and I urge my colleagues to support it when the bill comes to the floor. In today's economy every penny counts, and the value of the earned income tax credit is magnified. I look forward to working with my colleagues to better educate, protect, and empower taxpayers. I urge my colleagues to join me to increase awareness of the earned-income tax credit. Thank you very much, Mr. President. I yield the floor, and I note the absence of a quorum.

Mr. AKAKA

Mr. AKAKA. The bill also has the support of the Obama Administration. When the measure passed the House in February of this year, the White House Press Secretary issued a statement noting that President Obama, ``looks forward to signing the bill into law and establishing a government-to-government relationship with Native Hawaiians.'' And earlier this month, Attorney General Eric Holder and Secretary of the Interior Ken Salazar wrote to the Senate Leaders to reiterate the administration's support for the Native--Hawaiian Government Reorganization Act, and to make note of the urgent need for this bill. The letter reads, ``Of the Nation's three major indigenous groups, Native Hawaiians--unlike American Indians and Alaska Natives--are the only one that currently lacks a government-to-government relationship with the United States.'' I ask unanimous consent to have a copy of this letter printed in the Record.

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

Mr. AKAKA. Mr. President, I rise today to reaffirm my strong commitment to have the Native Hawaiian Government Reorganization Act enacted into law. This bill is of great importance to all of the people of Hawaii. The bill would simply put the State of Hawaii on equal footing with the rest of the country in the treatment of its indigenous people. It provides a process for the reorganization of a Native Hawaiian governing entity. However, since I first introduced this commonsense bill 10 years ago, it has been the subject of misleading attacks and procedural hurdles, and has never had the opportunity for an up-or-down vote here on the Senate floor. Earlier this month, a handful of my colleagues who oppose this measure put out a press release, fueling speculation that I was seeking to attach this bill to must-pass, end-of-session legislation. One of these colleagues said that this measure--and I quote, ``should be brought up separately and debated openly on the Senate floor with the opportunity for amendment.'' I could not agree more. A structured debate followed by an up-or-down vote on this legislation is long overdue. The people of Hawaii have waited for far too long. This Congress, the bill was favorably reported by the Senate Committee on Indian Affairs, and it was passed by the House of Representatives. Despite this, it was not given an opportunity to be debated and voted on, here on the Senate floor. I am deeply disappointed that we did not have the opportunity to consider this bill during the 111th Congress. This historic Congress saw a great many accomplishments on behalf of the American people, but tragically, it also saw unprecedented obstruction. I remain committed to passing this bill. I am hopeful that, when we convene next year in the new Congress, I can count on every one of my colleagues to be supportive of my efforts to bring this bill to the Senate floor. The Native Hawaiian Government Reorganization Act is a Hawaii- specific measure. In the long traditions of the U.S. Senate, it was considered a courtesy to stand with your colleagues on matters specifically addressing the needs of their home State. This civility seems to have vanished from this Chamber. It is frustrating to me that some of my colleagues have worked aggressively to block this bill. For some reason, they have made it a priority to prevent the people of my State from moving forward to resolve issues caused by the illegal overthrow of the Native Hawaiian government in 1893. This bill has widespread support among elected leaders and the citizens of Hawaii. Both chambers of the Hawaii State Legislature have voiced their support of the measure, and our new Governor, Neil Abercrombie, was the chief sponsor of the bill in the U.S. House of Representatives. This legislation is also supported by community and civic organizations, including the Association of Hawaiian Civic Clubs and the Council for Native Hawaiian Advancement, and the Office of Hawaiian Affairs, a State agency. The bill also has broad support outside of Hawaii. Indigenous leaders and community organizations across the United States support the bill, such as the Alaska Federation of Natives and the National Congress of American Indians. The American Bar Association sent a letter this year to Members of the Senate reaffirming its support and outlining the sound Constitutional basis for the legislation. The ABA wrote, ``The right of Native Hawaiians to use the property held in trust for them and the right to govern those assets are not in conflict with the Equal Protection Clause since they rest on independent constitutional authority regarding the rights of native nations contained in Articles I and II of the Constitution.'' Mr. President, I ask unanimous consent that this letter be printed in the Record.

Mr. AKAKA. Opponents have spread misinformation about the bill. Let me set the record straight. This bill does not allow Hawaii to secede from the United States. It does not allow private lands to be taken. It does not authorize gaming in Hawaii. Opponents of the bill also distort the history of the Native Hawaiian people. I welcome the chance to speak with any of my colleagues about the history of my great State and of its indigenous people. I want to help you understand why this bill is necessary for Hawaii to move forward, and how it is consistent with the United States' existing policies of Federal recognition for Alaska Natives and American Indians. Opponents also point to a vocal minority in Hawaii who oppose this bill. The reality is that this legislation is strongly supported by the people of Hawaii. A poll conducted by the Honolulu Advertiser in May of this year found that 66 percent of people in Hawaii support Federal recognition for Native Hawaiians. Of the poll participants, 82 percent identifying themselves as Native Hawaiians said they support Federal recognition. Mr. President, I ask unanimous consent to have this article printed in the Record. (See exhibit 3.)

Mr. AKAKA. This year marked the commemoration of the 200th anniversary of the unification of the Hawaiian Islands into one kingdom, under King Kamehameha. This year also marked 51 years of statehood and more than 100 years since Hawaii became a United States territory. And yet the people of Hawaii have still not been given the chance to participate in a government-to-government relationship similar to those already extended to this Nation's other indigenous people. I have worked tirelessly to educate my colleagues on the importance of this bill. I hope that you will continue to welcome my efforts to speak with you. I extend my heartfelt aloha and mahalo, thank you, to the many, many supporters who have worked to advocate for this legislation. Your support makes a difference and is greatly appreciated. I thank my colleague, Chairman Dorgan, who has been a great friend of mine and to the people of Hawaii. His leadership on this issue will be missed. My work to enact this bill is not over. I look forward to having the opportunity to debate this bill on its merits. I will not give up until the Native Hawaiian people have the same rights to self-governance already afforded to the rest of the Nation's indigenous people. Mr. President, mahalo--thank you--to all of my colleagues for listening to this matter of great importance to me and my State. I yield back the remainder of my time. Exhibit 1 September 28, 2010. U.S. Senate, Washington, DC Dear Senator: On behalf of the American Bar Association, which has nearly 400,000 members nationwide, I urge your support for H.R, 2134, the Native Hawaiian Government Reorganization Act of 2010. The legislation, as amended, passed the House of Representatives with bipartisan support early in the session and was placed on the Senate calendar where it is still awaiting Senate floor action. As amended, H.R. 2314 is supported by the White House, the Department of Justice, Hawaii's Congressional Delegation and the Governor of Hawaii. The ABA has a long-standing interest in the legal issues concerning America's native and indigenous peoples. Over the past twenty years, our House of Delegates has adopted numerous policies supporting self-determination and self- governance for American Indians and Alaska Natives. In 2006, the ABA adopted policy specifically supporting the right of Native Hawaiians to seek federal recognition of a native governing entity within the United States similar to that which American Indians and Alaska Natives possess under the U.S. Constitution. H.R. 2314 would establish a process that would lead eventually to the formation of a native governing entity that would have a government-to-government relationship with the United States. Developed by Native Hawaiians, this federally recognized entity would serve, maintain and support their unique cultural and civic needs and advocate on their behalf at the federal and state levels. Prior to the overthrow of the Hawaiian monarchy in 1893 by U.S. agents acting without official sanction, Native Hawaiians lived under an organized political framework governed by the rule of law. This Kingdom had a written constitution and was recognized by the U.S. government as a sovereign nation. Congress ratified treaty agreements with it and recognized its representatives. In addition to establishing a lasting trust relationship with the Native Hawaiian people after the coup, Congress acknowledged the illegal overthrow of the Kingdom of Hawaii, issued a formal apology to the Native Hawaiian people in 1993, and has consistently supported reconciliation efforts. Congressional support for legislation that would lead to a process for federal recognition for Native Hawaiians is the next logical step. Opponents of this legislation claim that allowing Native Hawaiians the right to self governance would imperil the constitutional rights of non-Native Hawaiians to equal protection under the law. They point to the former Kingdom's wealth and claim that self-determination will create a system of benefits disadvantaging those who are not of Native Hawaiian heritage. However, Native Hawaiians, in seeking rights and privileges that other indigenous people of the United States enjoy under our system of law, are not compromising the rights of others but exercising their own rights to property, to self-determination, and to be recognized as an indigenous people by Congress. The right of Native Hawaiians to use of the property held in trust for them and the right to govern those assets are not in conflict with the Equal Protection Clause since they rest on independent constitutional authority regarding the rights of native nations contained in Articles I and II of the Constitution. The constitutional framers recognized the existence of native nations within the United States that predated our own democracy and created a system for federal recognition of indigenous nations within our then expanding borders. The framers empowered Congress through the Indian Commerce Clause and the Treaty Clause to maintain relations between the U.S. federal government and the governments of these native nations. Our courts have upheld Congress' power to recognize indigenous nations and have specifically recognized that this power includes the power to re-recognize nations whose recognition has been terminated in the past. Thus, the Native Hawaiians have the right to be recognized by the Congress, this right is not in conflict with the rights of others, and this recognition may be renewed despite historical lapses. The American Bar Association urges you to support the rights of Native Hawaiians to self-determination by voting for H.R. 2314. Sincerely, Thomas M. Susman.

Mr. AKAKA

Mr. AKAKA. Mr. President, I commend the Department of Veterans Affairs on a very impressive recent achievement. The Department's mail- order pharmacy program was recently rated as top in the Nation among mail-order pharmacies by J.D. Power and Associates in their 2010 U.S. National Pharmacy Study. VA received a score of 888 points out of a maximum possible score of 1,000. The Department did not receive an award for this achievement because their pharmacy service is only open to veterans and their families, but they did outscore the award recipient by a full 34 points, and the mail-order pharmacy average by 70 points. VA's program received the highest scores in the J.D. Power categories of overall experience, prescription ordering, prescription delivery, and cost competitiveness. This is an extraordinary achievement, not only to be rated first in the Nation, but to so highly exceed the private sector. I congratulate VA, and especially commend Secretary Shinseki and Mr. Michael Valentino, Chief Consultant, Pharmacy Benefits Management Services, for their exceptional leadership success in implementing the mail-order pharmacy program.

Mr. AKAKA

Mr. AKAKA. Mr. President, I rise today and proudly stand among the long, bipartisan list of Senators, statesmen, and military leaders in support of the New Strategic Arms Reduction Treaty. The New START treaty is critical to our Nation's security because it places limits on U.S. and Russian nuclear arsenals, supports an improving bilateral relationship with Russia, and advances international nuclear nonproliferation efforts. Over the last three decades, both the United States and Russia have benefited greatly from the bilateral reduction of nuclear weapons. Through the efforts of Presidents Ronald Reagan and George H.W. Bush, the two superpowers embarked on gradual nuclear disarmament, agreeing to reduce the number of their strategic warheads and deployed delivery vehicles through the negotiation and signing of the first START treaty. Under President Obama's leadership, we are now considering the New START treaty, which, when ratified, will reduce these numbers even more in both countries. The ratification of the New START treaty is vital to our national security. First, this treaty helps to decrease the threat of nuclear destruction and strategic miscalculation by requiring the reduction of strategic offensive arms such as warheads and launchers in Russia and the U.S. Supporting this effort is a strong verification regime that includes on-site inspections. Without this treaty, our inspectors do not have the ability to monitor Russian activities. We have not had access to the Russian nuclear stockpile for over a year. Our ability to ``trust, but verify'' must be restored. Second, this treaty reinforces our important relationship with Russia. It advances our Nation's capacity to build durable, multilateral cooperation to confront international security risks from countries like Iran and North Korea. In addition, a strong relationship with Russia helps to keep available the supply chains that deliver equipment to the brave Americans serving in Afghanistan. Finally, this treaty strengthens our nonproliferation efforts around the world. By ratifying the New START treaty and taking the focus off of strategic weapons, the United States and Russia can increase their efforts on tactical nuclear weapons and proliferation. The risks associated with nuclear proliferation are particularly serious and include acts of nuclear terrorism against the United States and its allies and the destabilizing effects of new nuclear arms races. For many years I have been concerned about these risks. During the 111th Congress, I have introduced bills that would decrease the spread of potentially dangerous nuclear technologies around the world and implement key nuclear nonproliferation recommendations offered by the Commission on the Prevention of the Proliferation of Weapons of Mass Destruction and Terrorism. I have also called for more oversight of the International Atomic Energy Agency's Technical Cooperation Program and its proliferation vulnerabilities. Ratifying the New START treaty will reinforce these and many other nuclear nonproliferation efforts. I urge my colleagues to strengthen national security by ratifying the New START treaty.

Mr. AKAKA

Mr. AKAKA. Mr. President, I rise today to bid farewell to a number of our friends and colleagues who are ending their service in the Senate. Their contributions are too numerous to mention, therefore I would like to take just a few minutes to highlight some of the memories of the Senators I came to know personally. Some of the departing Senators I have served with for decades. Others were here for only part of a term. All of them worked hard for their constituents and our country. Ted Kaufman Senator Ted Kaufman served for the past 2 years on my Senate Subcommittee on Oversight of Government Management, the Federal Workforce, and the District of Columbia. Throughout Senator Kaufman's time with the subcommittee, he made a remarkable effort to honor the critical work of Federal employees. His regular statements on the Senate floor highlighting their work were an inspiration and I know were greatly appreciated by the dedicated Federal employees in Delaware and across this great Nation. I also appreciated Senator Kaufman's strong leadership on addressing longstanding shortcomings in Presidential transition planning, culminating in the enactment of the Pre-Election Presidential Transition Act this year. Roland Burris Senator Roland Burris served on the Senate Committee on Veterans' Affairs, which I have the honor of chairing. Throughout his months with the Committee, he made time in his busy schedule to attend and participate in numerous committee hearings and meetings. His participation played an important part in the committee's ability to conduct oversight and, ultimately, to improve benefits and care for our Nation's veterans. Senator Burris's work on the committee was a great service to the men and women of Illinois who wore the Nation's uniforms, as well as to servicemembers, veterans, and their families nationwide. Carte Goodwin Senator Carte Goodwin handled a tough assignment and filled in like an experienced professional. He is a gentleman who knows about and cares for West Virginia deeply, so much so that he moved to Washington to serve and advocate for his State in an emergency situation. Senator Goodwin was friendly and cordial and made himself as helpful as possible during his short tenure. Blanche Lincoln My good friend Senator Blanche Lincoln was a passionate advocate for Arkansas throughout her Senate service. She is recognized as a fighter who speaks her mind. She cares deeply about American families. She worked hard on her committee assignments. She has been a champion for farmers, veterans, seniors, and Americans of all stripes. She can be proud of her service. I thank her for her contributions to this institution and her friendship. Evan Bayh Senator Evan Bayh served with me on the Committees on Armed Services and Banking, Housing, and Urban Affairs. He showed his commitment to our national security when he took over the Armed Services Readiness Subcommittee at the beginning of this Congress. He was a strong moderate voice for the people of Indiana. Arlen Specter I served with Senator Arlen Specter for many years on the Veterans' Affairs Committee. He twice served as the committee's chairman, and, in recent years as I chaired the committee, he remained a strong and vital force working on behalf of our Nation's veterans, on both sides of the dais. He has been an institution in the Senate for many years, and it has been a genuine pleasure working with him. I appreciate and applaud his long, dedicated service to those who have worn our Nation's uniforms. Sam Brownback I will miss my good friend Senator Sam Brownback. Despite sitting across the aisle from me, he was always approachable and friendly. I know him to be committed to helping people in Kansas and across the country. He felt so strongly about ending homelessness that I remember him spending the night on the street with a group of homeless people to experience first hand the obstacles they face. That is dedication. He cares about people. Senator Brownback should feel proud about all that he has accomplished to make life better for people in our country. Russ feingold I want to thank Senator Russ Feingold for his 18 years of service in the U.S. Senate and his time in public service before that. Senator Feingold has worked with me as an outspoken advocate for so many of the issues that I hold dear, such as protecting Americans' personal privacy and good government. In the wake of the terrorist attacks of September 11, 2001, there was a rush of strong executive branch moves for authority. Senator Feingold repeatedly joined me and other Members in ensuring civil liberties and privacy protections of all Americans were observed. He was a leader in protecting liberties during debate over reforming the Foreign Intelligence Surveillance Act. When the Department of Homeland Security was established, we worked to ensure that it had a strong official dedicated to protecting privacy. In 2007 I authored the POWER Act, which provided the Homeland Security Chief Privacy Officer with additional powers, and Senator Feingold was a strong supporter, cosponsoring that bill which then became law in 2008. I must also mention how proud I was to support Senator Feingold on perhaps his most lasting accomplishment--campaign finance reform. The election process can be opaque, and it is full of more money than ever. However, in the last decade, many of the new campaign finance rules championed by Senator Feingold have curbed many abuses which used to be common. While much work is left to be done in this area, especially with the recent Citizens United ruling, this country and voters owe a tremendous thank-you to Senator Feingold. Byron Dorgan It has been a pleasure to serve with Senator Byron Dorgan of North Dakota, and I will miss him greatly. I have had the honor to work alongside Senator Dorgan on two committees of great importance to both of our States, the Committee on Indian Affairs and the Committee on Energy and Natural Resources. Senator Dorgan and I served on the Senate Committee on Indian Affairs together beginning in the 104th Congress. During his tenure as chairman during the last 4 years, I saw firsthand the leadership skills and compassion he possesses. Chairman Dorgan has shown his dedication to all of our Nation's indigenous people: American Indians, Alaska Natives, and Native Hawaiians. Thank you Senator Dorgan for your efforts to improve the quality of life for America's native people. I am grateful that Chairman Dorgan has been a strong ally to Hawaii's indigenous people, the Native Hawaiian people. He has stood with Senator Daniel Inouye and me as we have worked to have the United States fulfill its obligations to all of its Native people, including Native Hawaiians. Mahalo, Chairman Dorgan, for your aloha to the people of Hawaii. Senator Dorgan is a great statesman and a gentleman who has served the people of North Dakota in the U.S. Congress for three decades. During our combined service on the Committee on Energy and Natural Resources, I repeatedly saw Senator Dorgan's passion for the people of North Dakota as he worked to make his State a pioneer in renewable energy efforts. For those of us who serve in the Senate, we work tirelessly to advance the needs of not only our home States, but the whole Nation. Senator Dorgan has proven himself both a great North Dakotan and a great American. The Senate will be a much different place without his leadership, and I know that I am joined by many of my colleagues in wishing him many successes in the future. Many of my constituents in Hawaii will miss his leadership just as his own constituents in North Dakota will. Mahalo for your friendship and for your service to our Nation. On behalf of Millie and our family, I send our aloha to you and Kim and your family. We wish you the best as you begin a new chapter in your lives. Chris Dodd I am proud to express my great appreciation and gratitude for Senator Chris Dodd's service to our country. He brought extraordinary leadership to the Senate that enabled us to make meaningful improvements to the education and economic security of Americans. I traveled with Senator Dodd to South America early in my tenure here in the Senate. Although I enjoy traveling, each time I go abroad I worry about my ability to communicate with my foreign hosts. But, on that trip, the language barrier was not an issue because, as I quickly found out, Senator Dodd is fluent in Spanish. Senator Dodd recognizes the importance of language skills and cultural knowledge, not only to survive in the world but to prosper in it. I have truly appreciated his great respect for other cultures and passion for learning. Senator Dodd has lent tremendous support to my national foreign language coordination bill, which aims to equip Americans with foreign language skills and knowledge of other cultures. It is just one example of Senator Dodd's outstanding work to provide our children with the knowledge and skills they need to achieve prosperity and economic security. I would also like to thank Senator Dodd for his leadership in the 111th Congress. We are making historic and substantial improvements to the health care delivery system and the regulation of our financial system, and neither would have been possible without Senator Dodd's guidance, persistence, good judgment, and support. Senator Dodd has been selfless and generous in his efforts to increase access to health care services everywhere in our country, including Hawaii. I am grateful that Senator Dodd has always recognized the unique health care needs and challenges of my home State. His contributions have been vital to the protection of Hawaii's system of employer-provided health insurance and ensuring that health care providers in Hawaii are more capable of meeting the uncompensated costs of providing care for the poor and uninsured. I am proud to have served alongside Chairman Dodd on the Senate Committee on Banking, Housing, and Urban Affairs, where he has been a tireless leader and an outstanding consumer advocate. The Dodd-Frank Wall Street Reform and Consumer Protection Act rightfully bears his name because no one has done more to educate, protect, and empower consumers and investors. Through his support, the act makes significant investments in financial literacy and education, and it provides meaningful disclosures and protections that will allow consumers to make better financial decisions. Americans are now better protected against abusive, predatory, and anticonsumer business practices than they were because of Senator Dodd's unmatched contributions. Senator Dodd is a great champion of consumers, investors, and financial literacy, and I am honored and humbled to have had the opportunity to work together with him on the Banking Committee. Since I joined the Senate 20 years ago, Senator Dodd has been a great colleague and ally. More importantly, he is kind, generous, trustworthy, and a loving family man, and I am proud to call him my brother and my friend. Although I am saddened to bid him farewell today, I wish Senator Dodd well in all of his future endeavors. Before I close, I would also like to thank and applaud Senator Dodd's family Jackie, Grace, and Christina. They have been a source of strength, happiness, and calm for their husband and father. Mahalo nui loa, Chris, for your service and friendship. Millie and I send our warmest aloha to you and your family, and we wish you well as you begin this new chapter of your lives together. George Voinovich Finally, I would like to pay tribute to my dear friend and brother, Senator George Voinovich, as he prepares to retire from public life after more than 40 years of dedicated public service. Senator Voinovich's retirement is a sad occasion for me, and it is difficult to put into words what Senator Voinovich's friendship has meant to me over the years. Senator Voinovich and I have worked so well together on the Senate Subcommittee on Oversight of Government Management, the Federal Workforce, and the District of Columbia for many years, where we have both had the honor of serving as chairman. It has truly been a pleasure to serve with him as we have addressed so many difficult government management issues. Senator Voinovich's background as the Governor of Ohio and the mayor of the city of Cleveland provided him with a unique perspective on the Federal Government's management and workforce challenges, and I believe his vast experience made our subcommittee more effective. On a light note, I know that one of Senator Voinovich's proudest moments as Governor was watching his beloved Cleveland baseball team reach the World Series for the first time in over 40 years. I am sure that Senator Voinovich will enjoy having more time to spend in his hometown of Cleveland during his retirement. Senator Voinovich can take his grandchildren to see parks, buildings, and other improvements he helped bring about in Ohio during his time as mayor and Governor, but there are few similar opportunities in Federal Government oversight and management. The tough management issues we have tackled seldom make front-page news. But that is what makes Senator Voinovich remarkable he chose to focus on the details of the government's toughest management challenges rather than more glamorous issues. Like me, Senator Voinovich has always recognized that the Federal Government's most valuable resource is its workforce of dedicated men and women. I often refer to him as the ``father of human capital.'' We have worked closely together on a large number of workforce initiatives, with the common goal of making the Federal Government the employer of choice in this country. I am especially proud of our work to reform the broken Federal hiring process. I will keep fighting in Congress for our bill--the Federal Hiring Process Improvement Act, S. 736. In the meantime, I am pleased that our joint oversight on this issue has spurred considerable progress in the executive branch. Senator Voinovich and I also worked together on an amendment to last year's National Defense Authorization Act, which included my Non- Foreign Area Retirement Equity Assurance Act, along with several other Federal workforce provisions. I cannot overstate how much Senator Voinovich's support for providing retirement equity has meant to the thousands of Federal employees in my home State of Hawaii. Senator Voinovich simply has too many Federal workforce accomplishments to discuss all of them today. However, I would like to point out that he authored the Federal Workforce Flexibility Act to modernize Federal human capital planning, pay, and benefits; the Federal Employee Student Loan Assistance Act; the Senior Executive Service Performance Improvement Act; and many other important bills that have improved the government's ability to provide services. In addition to his focus on important workforce issues, Senator Voinovich has worked tirelessly on complicated management challenges. Our subcommittee has held a total of seven hearings on reforming the security clearance process. This work has been a tremendous success, eliminating the clearance backlog, dramatically reducing processing times, and improving investigation quality. These improvements enhance our national security and help the Federal Government hire the right people for the right jobs. I am also proud of our work together in establishing Chief Management Officers at the Department of Defense and the Department of Homeland Security. It is vital that we maintain strong focus on management at these critical departments. I could easily point to so many other things that Senator Voinovich has accomplished during his Senate service. I want to express my deep appreciation to Senator Voinovich for his friendship and partnership over the years. He has been a model public servant, and our country is a better and safer place because of his work. I wish Senator Voinovich, his lovely wife Janet, and his entire family joy and happiness during his richly deserved retirement. In closing, the end of this Congress is bittersweet, with so many talented and dedicated public servants leaving this institution. All of them made a lasting impact on the Senate and on our country. Mahalo nui loa, thank you, for all your work. Jim Bunning

Mr. AKAKA

Mr. AKAKA. Madam President, with our vote today on the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010, we have passed legislation that will have profound short- and long-term consequences for our nation. I supported this measure once it became the only available option to provide much- needed help to American families. I, however, have deep concerns with other aspects of this bill, and I extend my support for it with strong reservations. Our economy has not yet recovered from the downturn that began over 2 years ago. Hawaii's foreclosure rate in October of this year was the 12th highest in the Nation. In November, Hawaii saw a 49-percent increase in consumer bankruptcy filings compared to the same month in 2009, the second largest increase in the country. These are strong indications that people in Hawaii cannot sustain an increase in their tax obligations. We cannot allow taxes to rise on the workingclass when so many homeowners are already unable to afford their mortgages and consumers are unable to meet their outstanding debt obligations. One major cause of these problems is unemployment, and I would not have been able to support this legislation had it not included a 13- month extension of unemployment benefits. Families and individuals across Hawaii and the Nation need these benefits to help pay their rents and mortgages while they search for a job, and parents need this assistance to put food on the table and provide for their children. I refuse to abandon these people. That is why I supported this bill. I regret that we were unable to provide permanent tax relief for working-class Americans, families, and small businesses because their financial well-being has been haplessly tied to tax cuts for millionaires and billionaires since the beginning of this tax debate. Earlier this month, we considered two fair and reasonable tax proposals--one to permanently extend the expiring tax cuts for families earning under $250,000, followed by a compromise that included Americans earning up to $1 million a year. These were good-faith efforts to provide help where it is most needed--to families and small businesses that, unlike the millionaires and billionaires out there, do not have the financial security to weather the recession. Unfortunately, both were defeated by a minority of my colleagues and instead we have been forced to maintain fiscally irresponsible Bush-era tax policies through the legislation that we have just passed. When these tax cuts were enacted at the beginning of this decade, I called it ``irresponsible fiscal policy.'' I correctly predicted that the upper income tax breaks would lead to an explosion of the deficit and leave a mountain of debt for future generations. At the time, I lobbied for targeted tax cuts that would stimulate economic growth and employment while preserving fiscal discipline. The national debt now stands above $13.8 trillion. Our budget surpluses have long since turned into deficits. Difficult budget choices are now before us. We will have the opportunity to reexamine these tax cuts for the richest Americans that we have just imprudently extended, as well as the temporary estate tax and payroll tax holiday provisions in the bill. Fiscal discipline must be maintained. I am prepared to make hard choices to restore and preserve our country's long-term economic security. Until then, I am pleased that we were able to help the unemployed and working-class through this extension of expiring tax provisions and unemployment benefits, and that is why I supported this bill.

Mr. AKAKA

Mr. AKAKA. Mr. President, I wish to congratulate two outstanding educators from my state, John Constantinou, from Kea`au High School, and Yannabah Lewis, from Kealakehe High School, for receiving the Presidential Award for Excellence in Mathematics and Science Teaching. This award, administered by the National Science Foundation on behalf of the White House Office of Science and Technology Policy, is the highest recognition that a mathematics or science teacher may receive. Since the program's inception in 1983, more than 3,900 educators nationwide have been recognized for their contributions to mathematics and science education. As a former educator and principal, I know firsthand about the countless hours that go into creating curricula, and it makes me proud to see outstanding teachers receive recognition for their hard work. The dedication of John and Yannabah to their field and to the children of Hawaii is undeniable. I applaud them both for receiving this outstanding recognition, and I wish them the very best in their future endeavors.

Mr. AKAKA

Mr. AKAKA. Madam President, as chairman of the Senate Committee on Veterans' Affairs, I am delighted to bring before the Senate S. 3447, the Post-9/11 Veterans' Educational Assistance Improvements Act of 2010. This measure, together with the managers' amendment, is based on the legislation I introduced on May 27, 2010. Hearings were held on the bill on July 21, 2010, and on August 5, 2010, the committee ordered the measure to be reported. The committee's report was filed on October 26, 2010. The purpose of this legislation is to make modifications in the program of educational assistance operated under chapter 33 of title 38, United States Code, for veterans who have served on active duty since September 11, 2001. It would provide for a streamlined, less complex, and more equitable program, and expand certain opportunities for training and education, including on-job and vocational training. It would also correct a number of inadvertent omissions and errors in the new chapter 33 program as enacted in 2008 as title V of Public Law 110-252, the Supplemental Appropriations Act, 2008. As one who knows, from firsthand experience, the value of G.I. bill benefits and how they can substantially enhance all aspects of an individual's life, I believe that it is critical that we move toward making this new G.I. bill for today's veterans the best that it can be. And that is what my bill is intended to do. In 2008, I was pleased to join with our distinguished colleague from Virginia, Mr. Webb, as a cosponsor of the original measure which established this new program. However, since the process leading to the enactment of this new program was outside the framework of the usual committee route for development and consideration of legislation, there are a number of issues with the new program that require legislative remedies. In addition, VA's yearlong experience with the program has made it clear that the new program is very complex, difficult to understand, and results in unintended inequities. I worked with my colleagues here in the Senate, with the Department of Veterans' Affairs, and with various veteran and other organizations to craft legislation that addresses many of the problems and will, in addition, make additional valuable educational opportunities for veterans available through on-job and apprenticeship training. Because the details of the legislation are described in detail in the committee's report on S. 3447--Senate Report 111-34--I will just highlight a few of the provisions. First, the bill would allow members of the National Guard and Reserve to benefit from the new program. These individuals--those activated under the authority of title 32 by orders of the President or the Secretary of Defense to support a national security mission--were inadvertently omitted from the program when it was enacted in 2008 and the pending measure would remedy this oversight. Second, the bill would simplify the payments. Instead of a complex and sometimes inequitable benefits calculation based on a State-by- State determination, this measure would provide that if an individual is enrolled in a program of education at a public institution of higher learning, VA would pay the cost of tuition and fees. If an individual is enrolled in other than a public institution, VA would pay up to a national cap that will be adjusted annually based on increases in the cost of education. My measure sets the initial cap at $17,500. Third, the bill would expand the options available to individuals and provide that benefits could be paid for the pursuit of apprenticeship and on-job training as well as for pursuit of a vocational goal. This will open up the doors for valuable benefits for those who choose these options. Fourth, the bill would expand the program to authorize the payment of the $1,000 annual book allowance to individuals who are attending school while on active duty. It would also permit veterans and servicemembers to use benefits for multiple licensing and certification courses. Finally, this measure would permit service-connected disabled veterans enrolled in a program of vocational rehabilitation under chapter 31 of title 38 who also have eligibility for the new Post-9/11 G.I. bill program to select under which program to receive a living or subsistence allowance. This will remove the economic incentive for an individual to forgo the valuable assistance available under the chapter 31 program in exchange for a higher living stipend under the chapter 33 program. While I am pleased that we have been able to produce this package of improvements that will go a long way toward making the new program the best that it can be, I note that we still have much to do in this area. There are questions and issues that have not been addressed in this measure--such as how to ensure that veterans using their benefits are afforded a quality education, a 48-month cap on the total amount of benefits available under all the programs of educational assistance offered by VA, and the overall need to curb instances of fraud, abuse, and misuse of benefits. I am certain this list can only grow longer. But this marks an important first step and I look forward to continuing to working with my colleagues here and in the House of Representatives as we continue to move through the legislative process to do what needs to be done. In closing, I extend a note of personal thanks to the committee's distinguished ranking member from North Carolina, Mr. Burr, and his staff member, Amanda Meredith, whose hard work and dedication are much appreciated. I urge the Senate to pass the pending measure.

Mr. AKAKA

Mr. AKAKA. The Senator from Iowa is correct. Remedies in S. 372 provide relief for the consequences of preliminary retaliatory investigations when an employee prevails in litigation against a prohibited personnel practice. This provision does not in any way reduce or eliminate jurisdiction to challenge a retaliatory investigation before a formal personnel action occurs. In legislative history for 1994 amendments to the Whistleblower Protection Act, Representative McCloskey stated that alleged harassment can be a threatened personnel action if it ``is discriminatory, or could have a chilling effect on merit system duties and responsibilities.'' Congress specifically included retaliatory investigations initiated because of protected activity among the illustrations for ``threatened personnel actions,'' because they can be ``preludes or preconditions to'' the entire list of formal personnel actions in section 2302(a)(2) of title 5. Jurisdiction to challenge retaliatory investigations as threatened personnel actions has been upheld repeatedly. The Office of Special Counsel also has used this authority to avoid the need for prolonged, costly litigation while employees are off the job from subsequent termination.

Mr. AKAKA

Mr. AKAKA. Mr. President, H.R. 2142, as amended, will modernize and refine key aspects of the Government Performance and Results Act, or GPRA, while keeping the statutory foundation established by the act in place. I was pleased to join Mr. Lieberman, Ms. Collins, and Mr. Voinovich in cosponsoring the substitute amendment Mr. Carper offered at the September 29, 2010, business meeting held by the Committee on Homeland Security and Governmental Affairs, and I strongly support the bill. I would, however, like to take this opportunity to clarify the intent of the legislation on a matter of great importance. Concerns have been raised that this legislation will prohibit Federal agencies from being assisted by non-Federal parties when preparing GPRA reports. It is my understanding that, in reporting favorably H.R. 2142, as amended, the committee chose not to change the language in GPRA that made the preparation of agency strategic plans, annual performance plans, or annual program performance reports an inherently governmental function. May I ask the Senator from Delaware, as the primary sponsor of the substitute amendment to H.R. 2142, to clarify the intent of the provisions contained in H.R. 2142, as amended, which address the issue of inherently governmental functions?

Mr. AKAKA. I thank the gentleman from Delaware for his clarification.

Mr. AKAKA

Mr. AKAKA. Mr. President, I honor and congratulate the Little League team from Waipio, HI, our 2010 Little League U.S. Champions. On Saturday, August 28, Waipio defeated the team from Pearland, TX, to win the U.S. Championship title game. It was a resounding victory for Hawaii, who won in five innings via mercy-rule with a final score of 10-0, advancing to the final game of the World Series Championship against Japan. Our U.S. Champions performed with the highest level of athleticism as they played the International Champions from the Edogawa Minami Little League of Tokyo. Waipio rose to the occasion and played their hearts out. Despite their hard-fought 4-1 loss to Japan, our young men proved that they are genuine winners, exiting the World Series with their heads held high and leaving an undeniable impression of inspiration and sportsmanship. With great pride, superior confidence, motivation and spirit, our team showed the Nation and the world what it takes to be a champion. They are: Kahoea Akau, Shiloh Baniaga, Kaimana Bartolome, Matthew Campos, Ty DeSa, Ezra Heleski, Dane Kaneshiro, Tyler Kushima, Cody Maltezo, Justice Nakagawa, Keolu Ramos, Noah Shackles, Brysen Yoshii, Manager Brian Yoshii, and Coaches Kina Akau and Jason Heleski. Although I am proud of their achievement, I am most proud of the sportsmanlike conduct and warm aloha that these players brought to both the national and international stage. I commend the coaches, parents and families of these players, as well as their friends for the sacrifices made in support of these individuals. I thank them for their dedication to the dreams of these young players, and applaud their hard work. I wish the players all the best in their future endeavors and thank them again for being exceptional representatives of the State of Hawaii and our Nation.

Mr. AKAKA

Mr. AKAKA. Mr. President, as chairman of the Senate Committee on Veterans' Affairs, today, I am introducing legislation that would expand an existing VA benefit program for certain children with spina bifida. These benefits are currently provided under chapter 18 of title 38, United States Code, to the natural children of veterans who were exposed to herbicides such as Agent Orange, in Vietnam or near the Demilitarized Zone, DMZ, in Korea during the Vietnam era. Current law provides benefits for the natural children of veterans exposed to herbicides only if the veteran served in a specific location, during a specific time frame. VA reports that 1,222 childen currently receive these benefits and that only 10 of these receive them based on the service of a parent who served in outside of Vietnam. However, VA has conceded that certain veterans who worked on the perimeter of Air Force bases in Thailand outside of the locations provided in current law during the Vietnam era were exposed to herbicides. As a result, children of those veterans suffering from spina bifida are excluded from the benefits provided based solely on where the exposure occurred. The legislation I am introducing today would correct this inequity. Because only a very small number of children whose veteran parent served outside of Vietnam currently receive benefits, I expect only a small number of children would qualify for benefits under this bill. However, it is an inequity that should be remedied. I urge our colleagues to support this bill and provide the exact same benefit to all children who have spina bifida related to the veteran parent's exposure to herbicides regardless of the location of their parent's exposure.

Mr. AKAKA

Mr. AKAKA. Mr. President, I rise today to introduce the Furthering International Nuclear Safety Act of 2010. This bipartisan legislation, which is cosponsored by Senators Carper and Voinovich, will enhance the implementation of the Convention on Nuclear Safety by taking a more systematic approach to improving civilian nuclear power safety. The Chernobyl disaster in Ukraine in 1986 was the worst nuclear power accident in history and made clear the need for international nuclear safety norms. According to a report commissioned by United Nations agencies, millions of people were exposed to high doses of radiation and approximately 350,000 people were displaced from their homes. On top of this, the countries most directly impacted by the disaster were estimated to have suffered economic damages on the order of hundreds of billions of dollars, while thousands of square miles of agricultural and forest lands were removed from service. In the aftermath of this accident, over 50 countries, led by the United States, worked together to develop the Convention on Nuclear Safety. This convention was formally established in 1994, and the United States joined in 1999. Through the cooperative nature of the convention, which relies on peer-reviewed national reports and the sharing of best practices, countries that are party to the treaty have been able to improve their nuclear safety. Although civilian nuclear power programs have become safer, we must not be complacent. As history has shown, a nuclear accident in one country can have devastating effects across several countries. Currently there are over 400 civilian nuclear power reactors operating in 29 countries around the world, and at least 56 more are under construction. Countries such as Jordan, the United Arab Emirates, Indonesia, Libya, Thailand, and Vietnam are interested in starting civilian nuclear power programs. The construction of new nuclear power facilities, along with an increasing number of countries readying to build nuclear power plants, should be accompanied by greater attention to nuclear safety. Earlier this year, the Government Accountability Office, GAO, completed a review of the Convention in which GAO obtained the views of 40 parties to the Convention, while carefully protecting individual respondent information. GAO found that the Convention has been very successful in improving nuclear safety, but made recommendations to the United States Government that would enhance the Convention's effectiveness. The bill I am introducing today will implement GAO's recommendations and additional steps to improve safety. This bill requires the United States delegate to the Convention to take certain actions to enhance international nuclear safety. This includes the United States advocating that parties to the Convention more systematically assess their own progress in improving nuclear safety through the broader use of performance metrics. Additionally, to increase access to information about nuclear safety and implementation of the Convention, the delegate to the Convention will encourage parties to post their annual reports and answers to questions from other parties on the International Atomic Energy Agency's, IAEA, public website. IAEA will be encouraged to offer additional support, such as providing assistance as needed for the production of parties' national reports; support for Convention meetings, including language translation services; and providing additional technical support to improve civilian nuclear power program safety. Further, the United States delegate will encourage all countries that have or are considering establishing a civilian nuclear power program to join the Convention. Finally, this bill calls for the Secretary of State to lead the development of a United States Government strategic plan for international nuclear safety cooperation for operating power reactors, and to report on the plan's implementation and the progress on implementing this bill. International nuclear safety deserves our Nation's ongoing attention. As we approach the 25th anniversary of the Chernobyl disaster, we should be mindful that the use and expansion of nuclear power needs to be combined with supreme vigilance and concern for safety. Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.