Daniel Akaka

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.

Mr. AKAKA

Mr. AKAKA. Mr. President, I rise to pay tribute to Senator Ted Stevens, a great American. Senator Stevens cared deeply for the people of Alaska, and all the people of the United States of America. He dedicated his career to the security and well being of this country, from his early days as an Army Air Corps pilot in World War II where he served multiple deployments across several continents, through his long career here in the U.S. Senate, as the longest serving Republican in the history of this institution. Ted Stevens was a brother and a dear friend. We were ohana, family. We worked together on so many issues to serve the needs of our noncontiguous States. Senator Stevens knew well the unique challenges both Alaska and Hawaii face, as the newest States, farthest from the U.S. mainland. Ted Stevens' love of Alaska is well known. But many people do not know Ted was actually a great surfer, and he was a frequent visitor to Hawaii. He loved to surf Kaimana Hila, Diamond Head, and Waikiki. When his surfing days were over, he brought his favorite surfboard here to Washington and displayed it in his Senate office, alongside the many treasures from Alaska. Ted loved Hawaiian music and song, and I enjoyed singing with him. Ted Stevens was a friend of America's first people. He constantly reminded the United States of its responsibility to its indigenous people in Alaska, Hawaii, and across the country. While the people of Alaska will always remember him, visitors to our Nation's Capitol will also be reminded of Ted Stevens' work. Together we were successful in moving the 1965 model of the Statue of Freedom out of storage and into its prominent place today in the Capitol Visitor Center Emancipation Hall. Ted Stevens brought strength and passion to the Senate for many decades. He was a constant presence in this institution. My wife Millie and I send our warm aloha and deepest condolences to Catherine and all of Ted's family. I also want to extend my condolences to Senator Stevens' staff who worked tirelessly for him and for all of Alaska for so many years. Aloha, farewell to Senator Ted Stevens.

Mr. AKAKA

Mr. AKAKA. Mr. President, today I congratulate three Hawaii schools for being recognized as Blue Ribbon Schools for 2010 by the U.S. Department of Education. These schools, Ewa Beach Elementary School, Momilani Elementary School, and Royal School, serve as models of success and accomplishment. The Blue Ribbon Schools Program honors public and private elementary, middle, and high schools whose students achieve at very high levels or have made significant progress and helped close gaps in achievement, especially among disadvantaged and minority students. The program is part of a larger Department of Education effort to identify and disseminate knowledge about best school leadership and teaching practices. I wish to extend my aloha to the principals: Sherry Lee Kobayashi of Ewa Beach, Doreen Higa of Momilani, and Ann Sugibayashi of Royal. As a former principal, I know firsthand the dedication that goes into leading schools and staffs, and I commend them for their hard work on behalf of their students and communities. I also commend the students, families, teachers, and staff of all three schools for their contributions towards this recognition. I am proud of all that our keiki, the children, can accomplish when they are given access to quality education. My sincere mahalo, thanks, again, to Ewa Beach Elementary School, Momilani Elementary School, and Royal School for their efforts to give our students the best education possible. I offer my congratulations to all 2010 Blue Ribbon Schools nationwide and my sincere wishes for success in their futures.

Mr. AKAKA

Mr. AKAKA. Mr. President, I am pleased to join Senators Carper, Warner, Collins, Lieberman, and Voinovich in introducing the GPRA Modernization Act of 2010. As an original cosponsor of the Government Performance and Results Act of 1993, often referred to as GPRA or the Results Act, I believe the time has come to refine and enhance this landmark bill. President Obama, in his inaugural address, observed: The question we ask today is not whether our government is too big or too small but whether it works. This question captures the essence of what the Results Act seeks to achieve. While the original Results Act made significant progress in encouraging agencies to develop a results-oriented culture, it is time to modernize GPRA. Several long-standing challenges hinder agency efforts to answer this critical question. Our legislation is a bipartisan effort to empower agencies to overcome these challenges and better evaluate how to use taxpayer dollars in the most efficient and effective way possible. Prior to 1993, Congress had never enacted a statutory framework for strategic planning, goal setting, or performance measurement. According to the U.S. Government Accountability Office, before GPRA, few agencies had results-oriented performance information to manage or make strategic policy decisions. The Results Act was a bipartisan effort that succeeded in establishing a comprehensive and consistent statutory foundation of required agency strategic plans, annual performance plans, and annual performance reports. GPRA is and must remain a cornerstone of the Federal Government's efforts to strengthen strategic planning across all agencies. Lessons learned from nearly two decades worth of experience implementing the Results Act, informed by numerous GAO reports and recommendations; confirm the need to strengthen the statutory framework established by GPRA. The legislation we offer today draws on this experience, applying lessons learned to amend GPRA to address the limitations identified by GAO and other observers. I will highlight a few of the important provisions in this bill. Our bill requires the Director of the Office of Management and Budget to develop a Federal Government performance plan and to coordinate with agencies to develop Federal Government priority goals for management and policy issues that cut across agencies. This provision addresses a long-standing GAO recommendation that the Federal Government develop a government-wide performance plan to provide OMB, agencies, and Congress, with a structured framework for addressing crosscutting policy initiatives and program efforts. This legislation also strengthens the congressional consultation provisions to require agencies consult with Congress when developing strategic plans and identifying priority goals. GAO has found that regular consultation with Congress about the content and format of strategic and performance plans is critical to ensure that both the executive and legislative branches are engaged in improving government performance. Full congressional buy-in is a key element to building a sustainable performance management framework. Our legislative proposal also addresses performance management skills and competencies, which GAO has identified as a critical factor in determining an agency's success in utilizing performance management systems. A 2007 GAO survey of Federal managers found nearly half reported not receiving training that would assist in utilizing performance information. Our bill addresses this training deficit by requiring the Director of the Office of Personnel Management to identify key performance management skills and competencies and incorporate them into relevant position classifications and training curricula. Congress has a responsibility to promote effective performance management to enable Federal agencies to spend taxpayer dollars wisely, while carrying out critical missions. The GPRA Modernization Act is an important step towards accomplishing this goal, and I urge my colleagues to support this legislation.

Mr. AKAKA

Mr. AKAKA. Mr. President, I am pleased to join Senators Carper, Warner, Collins, Lieberman, and Voinovich in introducing the GPRA Modernization Act of 2010. As an original cosponsor of the Government Performance and Results Act of 1993, often referred to as GPRA or the Results Act, I believe the time has come to refine and enhance this landmark bill. President Obama, in his inaugural address, observed: The question we ask today is not whether our government is too big or too small but whether it works. This question captures the essence of what the Results Act seeks to achieve. While the original Results Act made significant progress in encouraging agencies to develop a results-oriented culture, it is time to modernize GPRA. Several long-standing challenges hinder agency efforts to answer this critical question. Our legislation is a bipartisan effort to empower agencies to overcome these challenges and better evaluate how to use taxpayer dollars in the most efficient and effective way possible. Prior to 1993, Congress had never enacted a statutory framework for strategic planning, goal setting, or performance measurement. According to the U.S. Government Accountability Office, before GPRA, few agencies had results-oriented performance information to manage or make strategic policy decisions. The Results Act was a bipartisan effort that succeeded in establishing a comprehensive and consistent statutory foundation of required agency strategic plans, annual performance plans, and annual performance reports. GPRA is and must remain a cornerstone of the Federal Government's efforts to strengthen strategic planning across all agencies. Lessons learned from nearly two decades worth of experience implementing the Results Act, informed by numerous GAO reports and recommendations; confirm the need to strengthen the statutory framework established by GPRA. The legislation we offer today draws on this experience, applying lessons learned to amend GPRA to address the limitations identified by GAO and other observers. I will highlight a few of the important provisions in this bill. Our bill requires the Director of the Office of Management and Budget to develop a Federal Government performance plan and to coordinate with agencies to develop Federal Government priority goals for management and policy issues that cut across agencies. This provision addresses a long-standing GAO recommendation that the Federal Government develop a government-wide performance plan to provide OMB, agencies, and Congress, with a structured framework for addressing crosscutting policy initiatives and program efforts. This legislation also strengthens the congressional consultation provisions to require agencies consult with Congress when developing strategic plans and identifying priority goals. GAO has found that regular consultation with Congress about the content and format of strategic and performance plans is critical to ensure that both the executive and legislative branches are engaged in improving government performance. Full congressional buy-in is a key element to building a sustainable performance management framework. Our legislative proposal also addresses performance management skills and competencies, which GAO has identified as a critical factor in determining an agency's success in utilizing performance management systems. A 2007 GAO survey of Federal managers found nearly half reported not receiving training that would assist in utilizing performance information. Our bill addresses this training deficit by requiring the Director of the Office of Personnel Management to identify key performance management skills and competencies and incorporate them into relevant position classifications and training curricula. Congress has a responsibility to promote effective performance management to enable Federal agencies to spend taxpayer dollars wisely, while carrying out critical missions. The GPRA Modernization Act is an important step towards accomplishing this goal, and I urge my colleagues to support this legislation.

Mr. AKAKA

Mr. AKAKA. Mr. President, I am pleased that the Senate is acting on H.R. 3219, the proposed ``Veterans' Benefits Act of 2010.'' The bill, as it comes before the Senate, is a compromise agreement developed with our counterparts on the House Committee on Veterans' Affairs. I thank Chairman Filner and Ranking Member Buyer of the House Committee for their cooperation on this legislation. I also thank my good friend, the committee's ranking member, Senator Burr, for his cooperation as we have developed this bill. A full explanation of the Senate and House negotiated agreement can be found in the Joint Explanatory Statement, which I will ask be printed in the Record at the conclusion of my remarks. The amended bill, which I will refer to as the ``compromise agreement,'' contains ten titles that are designed to enhance compensation, housing, labor and education, burial, and insurance benefits for veterans. I will highlight a few of the provisions. The compromise agreement would make several important improvements in insurance programs for disabled veterans. It would increase the maximum amount of veterans' mortgage life insurance that a service-connected disabled veteran may purchase from the current maximum of $90,000 up to $200,000. In the event of the veteran's death, the veteran's family would be protected because VA will pay the balance of the mortgage owed up to the maximum amount of insurance purchased. The need for this increase is obvious in today's housing market. In addition, this legislation would increase the amount of supplemental life insurance available to totally disabled veterans from $20,000 to $30,000. Many totally disabled veterans find it difficult to obtain commercial life insurance. This legislation would provide these veterans with a reasonable amount of life insurance coverage. This benefits package also includes a provision that will expand eligibility for retroactive benefits from traumatic injury protection coverage under the Servicemembers' Group Life Insurance program, commonly referred to as TSGLI. Section 1032 of Public Law 109-13, the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005, established traumatic injury protection under the SGLI program. TSGLI went into effect on December 1, 2005. Therefore, all insured servicemembers under SGLI from that point forward are also insured under TSGLI and their injuries are covered regardless of where they occur. In order to provide assistance to those servicemembers who suffered traumatic injuries on or between October 7, 2001, and November 30, 2005, retroactive TSGLI payments were authorized under section 1032(c) of the Supplemental Appropriations Act to individuals whose qualifying losses were sustained ``as a direct result of injuries incurred in Operation Enduring Freedom or Operation Iraqi Freedom.'' Under section 501(b) of Public Law 109-233, the Veterans' Housing Opportunity and Benefits Improvement Act of 2006, this definition was amended to allow retroactive payments to individuals whose qualifying losses were sustained ``as a direct result of a traumatic injury incurred in the theater of operations for Operation Enduring Freedom and Operation Iraqi Freedom.'' However, without corrective action, men and women who were traumatically injured on or between October 7, 2001, and November 30, 2005, but were not in the OIF or OEF theaters of operation, will continue to be denied the same retroactive payment given to their wounded comrades. This legislation would correct that inequity. This bill also modifies programs that provide adaptive assistance to veterans. It would increase and provide an index for an existing VA grant program, which provides funds to assist severely disabled veterans in purchasing automobiles or other conveyances that can accommodate their disabilities. The increase to $18,900 would help prevent erosion of the value and effectiveness of this benefit. Another provision included in this bill would expand this grant program to provide automobile and adaptive equipment assistance to disabled veterans and servicemembers with severe burn injuries. Due to the severe damage done to their skin, individuals with these disabilities experience difficulty operating a standard automobile not equipped to accommodate their disabilities. This legislation would help them obtain vehicles with special adaptations for assistance in and out of the vehicle, seat comfort, and climate control. Another key part of this legislation is a provision to help homeless women veterans and homeless veterans with children. The majority of programs and service providers currently available to homeless veterans have historically been designed to assist male veterans. However, due to the increasing number of women serving in the Armed Forces, more than 5 percent of veterans requesting assistance from VA and community-based homeless veteran service providers are women. More than 10 percent of these women have dependent children. In addition, there are reports of a significant number of male homeless veterans who have dependent children as well. To meet these changing needs of our Nation's veterans and correct this inequity, this bill will establish a grant program for the reintegration of homeless women veterans and homeless veterans with children into the labor force. This bill would also increase to 2,700 the number of veterans who are authorized to enroll annually in a program of independent living services. This important program is designed to meet the needs of the most severely service-connected disabled veterans and more of those returning from combat have suffered the kind of devastating injuries that may make employment not reasonably feasible for extended periods of time. This is not a comprehensive recitation of all the provisions within this legislation. However, I hope that I have provided an appropriate overview of the major benefits this legislation would provide for America's veterans and servicemembers. I urge our colleagues to support this important legislation that would benefit many of this Nation's more than 23 million veterans and their families. I also urge the House of Representatives to work on this matter expeditiously so that this may be sent to the President for his signature. Mr. President, I ask unanimous consent that the Joint Explanatory Statement, which was developed with our colleagues in the House, be printed in the Record.

Mr. AKAKA

Mr. AKAKA. Mr. President, as chairman of the Senate subcommittee that oversees the Federal workforce, I strongly oppose the proposal by my colleagues on the other side of the aisle to impose a hiring freeze for all nonsecurity positions in the Federal Government. If adopted, this proposal would sacrifice our Nation's long-term investments in the employees needed to efficiently and effectively run government programs for a short-sighted approach that does nothing to address our current fiscal challenges. Far from being fiscally responsible, these policies would end up costing the government more over the long run, by increasing our reliance on contractors whose work would not be capped. Arbitrary restrictions on hiring Federal employees open up opportunities for waste, fraud, and abuse as contracting expands without investment in oversight. Over the past decade, Federal contracts have nearly doubled in size, to over $500 billion, but the size of the workforce overseeing contractors has stayed constant. We must reverse, not reinforce, that trend. Over the past two years, we have made efforts to rebalance the work performed by Federal employees and contractors. Many times, replacing contractors with Federal employees allows agencies to more efficiently meet their missions and provide vital services. The American people expect strong leadership from the Federal Government and we must make sure the Federal Government has the people it needs to perform critical functions and to properly oversee the important work done by contractors. Freezing the Federal workforce could once again lead to dramatic overreliance on contractors, putting agency missions and taxpayer dollars at risk. The American people deserve a government that hires the right people with the right skills to run their government in an effective and efficient manner. An arbitrary cap on Federal employees is a poor substitute for the careful, thoughtful approach to Federal workforce planning we need. Our Federal civil service is comprised of hard working, talented people who have dedicated their lives to the service of this country-- and our way of life would not exist without them. These are honorable men and women who provide critical services to the American people, including protecting our Nation, ensuring that our food and drugs are safe, caring for our wounded warriors, and responding to natural disasters. America's public servants deserve our gratitude and respect. I thank them for their dedication.

Mr. AKAKA

Mr. AKAKA. Mr. President, today, as chairman of the Senate Committee on Veterans' Affairs, I urge all of my colleagues to support S. 3107/ H.R. 4667, the Veterans' Compensation Cost-of-Living Adjustment Act of 2010. This measure would direct the Secretary of Veterans Affairs to increase, effective December 1, 2010, the rates of veterans' compensation to keep pace with the rising cost of living in this country. The rate adjustment is equal to that provided on an annual basis to Social Security recipients and is based on the Consumer Price Index. Congress regularly enacts legislation that would provide for a cost- of-living adjustment for veterans' compensation in order to ensure that inflation does not erode the purchasing power of the veterans and their families who depend upon this income to meet their daily needs. The 2011 COLA has not yet been determined. The COLA affects, among other benefits, veterans' disability compensation and dependency and indemnity compensation for surviving spouses and children. Many of the recipients of those benefits depend upon these tax-free payments not only to provide for their own basic needs, but those of their spouses and children as well. Without a COLA increase, these veterans and their families would see the value of their hard-earned benefits slowly diminish if there was an increase in inflation. If there is an increase in inflation, we in Congress would be neglecting our duty to ensure that those who sacrificed so much for this country receive the benefits and services to which they are entitled. It is important that we view veterans' compensation, including the COLA, and indeed all benefits earned by veterans, as a continuing cost of war. It is clear that the ongoing conflicts in Iraq and Afghanistan will continue to result in injuries and disabilities that will yield an increase in claims for compensation. Currently, there are more than 3.1 million veterans in receipt of VA disability compensation. Disbursement of disability compensation to our Nation's veterans constitutes one of the central missions of the Department of Veterans Affairs. It is a necessary measure of appreciation afforded to those veterans whose lives were forever altered by their service to this country. I urge our colleagues to support passage of this COLA bill. I also ask our colleagues for their continued support for our Nation's veterans.

Mr. AKAKA

Mr. AKAKA. Mr. President, as Chairman of the Senate Committee on Veterans' Affairs, I am proposing a needed adjustment to current eligibility requirements for children who receive health care under the Civilian Health and Medical Program of the Department of Veterans Affairs. CHAMPVA, established in 1973 within VA, provides health care services to dependents and survivors of certain veterans. CHAMPVA enrollment has grown steadily over the years and, as of fiscal year 2009, covers nearly 336,300 unique beneficiaries. Servicemembers continue to deploy and return home from Afghanistan and Iraq, and CHAMPVA plays a vital role in caring for veterans' loved ones. 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. Also, after losing full-time status at school, or upon turning 23 years old, an eligible child of a veteran would lose eligibility. With the passage earlier this year of the Patient Protection and Affordable Care Act, Public Law 111-148, many veterans' families have expressed concern regarding their own children's health care coverage. The PPACA contains a provision that extends health insurance coverage to 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. Though this Congress is in its final month, we need to open the discussion on this issue now so that, if we must wait until next year to act, we can do so quickly. My hope in introducing this legislation is to ensure that CHAMPVA recipients, without regard to their type of coverage, student status, or other limitation, are eligible for health care coverage under their parent's plan in the same way as their peers. 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, as Chairman of the Senate Committee on Veterans' Affairs, I am proposing a needed adjustment to current eligibility requirements for children who receive health care under the Civilian Health and Medical Program of the Department of Veterans Affairs. CHAMPVA, established in 1973 within VA, provides health care services to dependents and survivors of certain veterans. CHAMPVA enrollment has grown steadily over the years and, as of fiscal year 2009, covers nearly 336,300 unique beneficiaries. Servicemembers continue to deploy and return home from Afghanistan and Iraq, and CHAMPVA plays a vital role in caring for veterans' loved ones. 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. Also, after losing full-time status at school, or upon turning 23 years old, an eligible child of a veteran would lose eligibility. With the passage earlier this year of the Patient Protection and Affordable Care Act, Public Law 111-148, many veterans' families have expressed concern regarding their own children's health care coverage. The PPACA contains a provision that extends health insurance coverage to 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. Though this Congress is in its final month, we need to open the discussion on this issue now so that, if we must wait until next year to act, we can do so quickly. My hope in introducing this legislation is to ensure that CHAMPVA recipients, without regard to their type of coverage, student status, or other limitation, are eligible for health care coverage under their parent's plan in the same way as their peers. 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 rise to speak in support of Solicitor General Elena Kagan to be an Associate Justice on the U.S. Supreme Court. I am confident that Solicitor General Kagan is highly qualified for this prestigious position. She has worked hard and earned a place at the top of the legal profession. During her career, she has held various positions across the Federal Government that have prepared her well for this new position. As Solicitor General since 2009, she worked on many issues currently before the Court. She has argued a broad range of issues--from defending Congress's ability to protect kids from child predators--to the United States' ability to go after those supporting terrorist organizations. Through several different assignments in the Clinton White House, Elena Kagan worked for the President on the challenges facing our Nation. She also has experience in the judicial branch, including clerkships in the U.S. Supreme Court as well as the U.S. Court of Appeals for the DC Circuit. Solicitor General Kagan also spent many years as a professor of law at the University of Chicago Law School and Harvard Law School. As dean of Harvard Law School, she worked with the student body to improve the quality of student life and encourage a spirit of public service. She also worked as a lawyer in private practice. In all, she has spent years studying complex legal theories and debating issues. Some of the most difficult issues end up at the Supreme Court and each Justice needs a thorough understanding of the law. Elena Kagan has demonstrated her knowledge of the law and I believe she will be a successful jurist. Her nomination to our Nation's Highest Court is something our entire country can be proud of. In recent years, we have taken many positive steps to make our government a better reflection of the American people. Solicitor General Kagan's confirmation as associate justice will continue that progress and mark the first time the U.S. will have three women on the Supreme Court at the same time. This is a wonderful milestone for our country. I was very impressed with Elena Kagan when we met earlier this year. We talked about Hawaii and the importance of reconciliation with Native Hawaiians. I was impressed with her history of building consensus and bringing people together--as well as her knowledge of the law. I know that she will do a tremendous job upholding our Constitution as an Associate Justice on the U.S. Supreme Court. After receiving many letters of support for Solicitor General Kagan's nomination--and seeing for myself her character, her intelligence, and her legal expertise--I am pleased to support her nomination--and urge my colleagues to do the same. Mr. President, I suggest the absence of a quorum.

Mr. AKAKA

Mr. AKAKA. Mr. President, I am pleased to introduce legislation that would extend the Department of Veterans Affairs' authority to use contract physicians to perform medical disability examinations. The VA continues to struggle to compensate disabled veterans quickly and accurately. While the Administration and Congress work to produce long-term, systemic solutions to this challenge, the reality is that we also need short-term solutions to most effectively leverage available resources. One such tool, which has helped VA better serve veterans, is the use of contract physicians for medical disability examinations. In order to determine the type and severity of disabilities of veterans filing for VA compensation or pension benefits, VA often requires thorough medical disability examinations. Because these examinations form the basis of disability ratings, their accurate and timely completion is essential. In recent years, the demand for medical disability examinations has increased beyond the number of requests that VA's in-house system was designed to accommodate. This rise in demand is due to an increase in the complexity of disability claims, a rise in the number of disabilities claimed by veterans, and changes in eligibility requirements for disability benefits. In 1996, in Public Law 104-275, the Veterans' Benefits Improvements Act of 1996, VA was authorized to carry out a pilot program of contract disability examinations through ten VA regional offices using amounts available for payment of compensation and pensions. During the initial pilot program, one contractor performed all contract examinations at the ten selected regional offices. The pilot was deemed a success, with general satisfaction reported from all stakeholders. Subsequently, in 2003, in Public Law 108-183, the Veterans Benefits Act of 2003, VA was given additional, time-limited authority to contract for disability examinations using other appropriated funds. That initial authority was extended until December 31, 2010, by Public Law 110-389, the Veterans' Benefits Improvement Act of 2008. VA continues to report high demand for compensation and pension examinations, and satisfaction with the contracted exams. I urge my colleagues to support this legislation that will allow the extension of VA's authority to utilize qualified non-VA doctors for two additional years, until December 31, 2012. Should we not authorize a temporary extension of VA's authority to use contract physicians, it will further contribute to the Department's pending claims inventory, which is not a result any of us would want for ill and injured veterans. Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. AKAKA

Mr. AKAKA. Mr. President, I am pleased to introduce legislation that would extend the Department of Veterans Affairs' authority to use contract physicians to perform medical disability examinations. The VA continues to struggle to compensate disabled veterans quickly and accurately. While the Administration and Congress work to produce long-term, systemic solutions to this challenge, the reality is that we also need short-term solutions to most effectively leverage available resources. One such tool, which has helped VA better serve veterans, is the use of contract physicians for medical disability examinations. In order to determine the type and severity of disabilities of veterans filing for VA compensation or pension benefits, VA often requires thorough medical disability examinations. Because these examinations form the basis of disability ratings, their accurate and timely completion is essential. In recent years, the demand for medical disability examinations has increased beyond the number of requests that VA's in-house system was designed to accommodate. This rise in demand is due to an increase in the complexity of disability claims, a rise in the number of disabilities claimed by veterans, and changes in eligibility requirements for disability benefits. In 1996, in Public Law 104-275, the Veterans' Benefits Improvements Act of 1996, VA was authorized to carry out a pilot program of contract disability examinations through ten VA regional offices using amounts available for payment of compensation and pensions. During the initial pilot program, one contractor performed all contract examinations at the ten selected regional offices. The pilot was deemed a success, with general satisfaction reported from all stakeholders. Subsequently, in 2003, in Public Law 108-183, the Veterans Benefits Act of 2003, VA was given additional, time-limited authority to contract for disability examinations using other appropriated funds. That initial authority was extended until December 31, 2010, by Public Law 110-389, the Veterans' Benefits Improvement Act of 2008. VA continues to report high demand for compensation and pension examinations, and satisfaction with the contracted exams. I urge my colleagues to support this legislation that will allow the extension of VA's authority to utilize qualified non-VA doctors for two additional years, until December 31, 2012. Should we not authorize a temporary extension of VA's authority to use contract physicians, it will further contribute to the Department's pending claims inventory, which is not a result any of us would want for ill and injured veterans. Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. AKAKA

Mr. AKAKA. Madam President, I strongly support the Dodd-Frank conference report. I commend the chairman for all of his work to address so many issues vitally important to working families. I thank my friend from Connecticut for working closely with me to ensure this legislation will educate, protect, and empower consumers and investors. An Office of Financial Education within the Consumer Financial Protection Bureau is created by the legislation. The office is tasked with developing and implementing initiatives to educate and empower consumers. A strategy to improve financial literacy among consumers, that includes measurable goals and benchmarks, must be developed. The administrator of the bureau will serve as vice-chairman of the Financial Literacy and Education Commission to ensure meaningful participation in Federal efforts intended to help educate, protect, and empower working families. The conference report also addresses investor literacy. A financial literacy study must be conducted by the Securities and Exchange Commission, SEC. The SEC will be required to develop an investor financial literacy strategy intended to bring about positive behavioral change among investors. Essential consumer and investor protections for working families are included in the conference report. A regulatory structure that will have a greater emphasis on investor and consumer protections is established. Regulators failed to protect consumers and that contributed significantly to the financial crisis. Prospective homebuyers were steered into mortgage products that had risks and costs that they could not understand or afford. The Consumer Financial Protection Bureau will be empowered to restrict predatory financial products and unfair business practices in order to prevent unscrupulous financial services providers from taking advantage of consumers. I take great pride in my contributions to the investor protection portion of the legislation. Section 915 will strengthen the ability of the Securities and Exchange Commission to better represent the interests of retail investors by creating an investor advocate within the SEC. The investor advocate is tasked with assisting retail investors to resolve significant problems with the SEC or the self- regulatory organization, SROs. The investor advocate's mission includes identifying areas where investors would benefit from changes in Commission or SRO policies and problems that investors have with financial service providers and investment products. The investor advocate will recommend policy changes to the Commission and Congress on behalf of investors. The investor advocate is precisely the kind of external check, with independent reporting lines and independently determined compensation, that cannot be provided within the current structure of the SEC. It is not that the SEC does not advocate on behalf of investors, it is that it does not have a structure by which any meaningful self-evaluation can be conducted. This would be an entirely new function. The investor advocate would help to ensure that the interests of retail investors are built into rulemaking proposals from the outset and that agency priorities reflect the issues confronting investors. The investor advocate will act as the chief ombudsman for retail investors and increase transparency and accountability at the SEC. The investor advocate will be best equipped to act in response to feedback from investors and potentially avoid situations such as the mishandling of information that could have exposed ponzi schemes much earlier. We also worked with our colleagues in the other Chamber to include an ombudsman that will be appointed by and report to the investor advocate. I also worked to include in the legislation clarified authority for the SEC to effectively require disclosures prior to the sale of financial products and services. Working families rely on their mutual fund investments and other financial products to pay for their children's education, prepare for retirement, and be better able to attain other financial goals. This provision will ensure that working families have the relevant and useful information they need when they are making decisions that determine their financial future. Unfortunately, too many investors do not know the difference between a broker and an investment advisor. Even fewer are likely to know that their broker has no obligation to act in their best interest. Investment advisors currently have fiduciary obligations. However, brokers must only meet a suitability standard that fails to sufficiently protect investors. In a complicated financial marketplace, for investors in which revenue sharing agreements and commissions can vary significantly for similar products, we must ensure that all investment professionals that offer personalized investment advice have a fiduciary duty imposed on them. In 2005, I first introduced legislation that would have imposed a fiduciary duty on brokers. I knew then that action was necessary. I am proud that a vital investor protection was also included in the conference report that will ensure that a fiduciary duty is imposed on brokers when giving personalized investment advice. This change is necessary because it will ensure that all financial professionals, whether they are an investment advisor or a broker, have the same duty to act in the best interests of their clients. Investors must be able to trust that their broker is acting in their best interest and we must not allow brokers to push higher commission products that may be inappropriate for a particular client. I appreciate all of the efforts of Chairman Frank, Senator Menendez, and Senator Johnson for all of their efforts on this important new investor protection. This legislation also includes landmark consumer protections for remittance transactions. Working families often send substantial portions of their earnings to family members living abroad. In Hawaii, many of my constituents remit money to their family members living in the Philippines. Consumers can have serious problems with their remittance transactions, such as being overcharged or not having their money reach the intended recipient. Remittances are not currently regulated under Federal law, and State laws provide inadequate consumer protections. The conference report modifies the Electronic Fund Transfer Act to establish consumer protections for remittances. It will require simple disclosures about the cost of sending remittances to be provided to the consumer prior to and after the transaction. A complaint and error resolution process for remittance transactions would be established. I appreciate all of the efforts of the chairman, Representative Gutierrez, and the Department of the Treasury for working with me on this important piece of the bill for immigrant communities. This legislation also includes essential economic empowerment opportunities for working families. Title XII, Improving Access to Mainstream Financial Institutions, is the most important economic empowerment provision in the bill. I appreciate the assistance provided by my friend from Wisconsin, Senator Kohl in helping me put this title together. I appreciate the support and contributions made to this title provided Senators Schumer, Brown, Merkley, and Menendez. I grew up in a family that did not have a bank account. My parents kept their money in a box divided into different sections so that money could be separated for various purposes. Church donations were kept in one part. Money for clothes was kept in another and there was a portion of the box reserved for food expenses. When there was no longer any money in the food section, we did not eat. Obviously, money in the box was not earning interest. It was not secure. I know personally the challenges that are presented to families unable to save or borrow when they need small loans to pay for unexpected expenses. Unexpected medical expenses or a car repair bill may require small loans to help working families overcome these obstacles. Mainstream financial institutions are a vital component to economic empowerment. Unbanked or underbanked families need access to credit unions and banks and they need to be able to borrow on affordable terms. Banks and credit unions provide alternatives to high-cost and often predatory fringe financial service providers such as check cashers and payday lenders. Unfortunately, approximately one in four families are unbanked or underbanked. Many of the unbanked and underbanked are low and moderate-income families that cannot afford to have their earnings diminished by reliance on these high-cost and often predatory financial services. Unbanked families are unable to save securely for education expenses, a down payment on a first home, or other future financial needs. Underbanked consumers rely on nontraditional forms of credit that often have extraordinarily high interest rates. Regular checking accounts may be too expensive for some consumers unable to maintain minimum balances or afford monthly fees. Poor credit histories may also limit their ability to open accounts. Cultural differences or language barriers also present challenges that can hinder the ability of consumers to access financial services. I also want to clarify that in section 1204, small dollar-value loans and financial education and counseling relating to conducting transactions in and managing accounts are only examples of, and not limitations on, eligible activities. More must be done to promote product development, outreach, and financial education opportunities intended to empower consumers. Title XII authorizes programs intended to assist low and moderate-income individuals establish bank or credit union accounts and encourage greater use of mainstream financial services. It will also encourage the development of small, affordable loans as an alternative to more costly payday loans. There is a great need for working families to have access to affordable small loans. This legislation would encourage banks and credit unions to develop consumer friendly payday loan alternatives. Consumers who apply for these loans would be provided with financial literacy and educational opportunities. The National Credit Union Administration has provided assistance to develop these small consumer-friendly loans. Windward Community Credit Union in Hawaii implemented a very successful program for the U.S. Marines and other community members in need of affordable short term credit. More working families need access to affordable small loans. This program will encourage mainstream financial service providers to develop affordable small loan products. I thank the Banking Committee staff for all of their extraordinary work, including Levon Bagramian, Julie Chon, Brian Filipowich, Amy Friend, Catherine Galicia, Lynsey Graham Rea, Matthew Green, Marc Jarsulic, Mark Jickling, Deborah Katz, Jonathan Miller, Misha Mintz- Roth, Dean Shahinian, Ed Silverman, and Charles Yi. I also express my appreciation for all of the work done by the legislative assistants of members of the Committee, including Laura Swanson, Kara Stein, Jonah Crane, Ellen Chube, Michael Passante, Lee Drutman, Graham Steele, Alison O'Donnell, Hilary Swab, Harry Stein, Karolina Arias, Nathan Steinwald, Andy Green, Brian Appel, and Matt Pippin. In conclusion, this bill will improve the lives of working families in our country because it will educate, protect, and empower consumers and investors.

Mr. AKAKA

Mr. AKAKA. Indexed annuities combine aspects of insurance and securities and are sold primarily as investment products. Consumers across the country, including some in Hawaii, have been harmed by the deceptive manner in which these products are being sold. For example, a seller in Hawaii pushed equity indexed annuities to collect unreasonably high commissions at the expense of senior citizens. Those investors were harmed by these financial products. Exempting indexed annuities from securities regulation would establish a dangerous precedent that promotes the development of financial products not subject to regulation and investor protection standards. Opponents might argue that federal regulation is unnecessary or distracts from state regulation. However, Federal regulation is necessary to help protect investors by providing consistency and uniformity because securities laws can vary across states. Others are concerned that Federal regulation will limit access to indexed annuities. I counter that these products should only be sold when they are subject to the strong disclosure, suitability, and sales practice standards provided within the context of our Nation's securities laws. I welcome further debate on and examination of this matter, including hearings to learn more about the consequences of this provision.

Mr. AKAKA

Mr. AKAKA. Madam President, I rise to pay tribute to Senator Robert C. Byrd, my mentor, supporter, and good friend. Senator Byrd was the dean of the Senate, our foremost constitutional scholar. No one in the history of our country served longer in Congress. For more than a half century, Robert C. Byrd kept the Senate in line. He always kept a copy of the Constitution in his jacket pocket, close to his heart. He was meticulous, a master of the rules of this historic institution. Through hard work and dedication, Senator Byrd became an institution himself. When I joined the Senate 20 years ago, to my great fortune, Senator Byrd took me under his wing. He guided me through procedural rules and taught me how to preside over the floor. I still have the notes he gave me when I was a freshman Senator. He was adamant that the Presiding Officer should always be respectful of the speakers, while maintaining strict adherence to the rules of the Senate. Senator Robert C. Byrd was a patriot who cared for and loved this country, the United States of America. He worked hard for the people of West Virginia, who showed their support for him election after election. Senator Robert C. Byrd was a spiritual man. Each week a number of Senators got together for a morning prayer breakfast. Senator Byrd was a regular participant when he was well. His favorite hymn was ``Old Rugged Cross.'' I enjoyed singing it with him many times. We shared a love for music and the arts. His fiddle playing was legendary. He loved his family. He loved his children and grandchildren. He loved his dogs. Closest always was his wife Erma who was always by his side until her death in 2006. They spent many wonderful years together, and now they are together again. My thoughts and prayers are with the Byrd family. Senator Byrd, we love you and we miss you. Thank you very much, Madam President.

Mr. AKAKA

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

Mr. AKAKA

Mr. AKAKA. Mr. President, as Chairman of the Senate Committee on Veterans' Affairs, I introduce the proposed Claims Processing Improvement Act of 2010, to focus on enhancements that can be made to adjudicate veterans' disability compensation claims in a more timely and accurate manner. VA has seen a dramatic rise in the number of claims, driven by a number of factors, including the aging of the general veteran population and our prolonged involvement in two overseas conflicts. Further complicating matters, many claims are increasing in complexity, as veterans seek service-connection for multiple disabilities and for disabilities that are difficult to diagnose, such as traumatic brain injury and post traumatic stress disorder. Claims adjudication is an intricate process that has seen many piecemeal changes in recent years. Unfortunately, these changes have yet to produce the results that veterans deserve. My goal, a goal that I am sure is widely shared, is to ensure that veterans are provided accurate and timely resolution to their claims. This legislation I am introducing today would make several improvements in the claims adjudication process. Provisions in title I of the bill would establish a pilot program that would utilize ICD codes to identify disabilities of the musculoskeletal system. Over fifty percent of Operations Iraqi and Enduring Freedom veterans that the Department of Veterans Affairs has had some health care contact with have a possible musculoskeletal diagnosis. ICD codes are standard medical condition identification codes used in electronic records that have been adapted by the Secretary of Health and Human Services for electronic transmission of medical data. This proposed pilot program would take place in six to ten regional offices and require VA to develop a new method of rating claims, which would consider the frequency, severity, and duration of symptoms of the disability in rating the claim, rather than the current rating schedule published in the Code of Federal Regulations. The current rating schedule adds to the complexity of claims adjudication, because many disabilities claimed are not exactly as described in the regulation and several rating codes may need to be considered. The new rating schedule would focus on the impact of the disability, for example, an inability to walk normally, rather than a particular VA rating code classification. All limitations resulting from all disabilities of the musculoskeletal system would be combined to provide one rating, rather than separate ratings for each individual disability. This information would be placed into an organized and searchable electronic record. A veteran could elect to not participate in the pilot program. I believe that such an approach will result in fairer, comprehensive ratings for the entire musculoskeletal system. Title II of the bill includes a number of provisions that are intended to yield some near-term changes to the claims processing system and should help reduce the overall time a claim is under consideration by VA. During the last several years, the Committee has held oversight hearings on the claims processing system. Many of the provisions in this legislation were first suggested by veterans service organizations and other interested parties in connection with those hearings. Others have been recommended by the administration. The legislation I am introducing today serves as a starting point to move forward in our effort to improve VA's claims adjudication process. Provisions in title II would allow for VA to issue partial ratings of claims that include multiple issues for those issues that can adjudicated expeditiously; give equal deference to private medical opinions during the rating process; and clarify that the Secretary is required to provide notice to claimants of additional information and evidence required only when additional evidence is actually required. It would also modify filing periods for notices of disagreement from one year to 180 days and require a claimant to file a substantive appeal within 60 days of the Department issuing a post-Notice of Disagreement decision both of these modifications would contain good cause exceptions to the filing deadlines. Other provisions in title II would automatically waive the review of new evidence by the agency of original jurisdiction, usually a Regional Office, so that any evidence submitted after the initial decision would be subject to initial review at the Board of Veterans' Appeals unless the claimant or the claimant's representative requests in writing that the agency of original jurisdiction initially review such evidence. This legislation would also replace the Secretary's obligation to provide a Statement of the Case with an obligation to provide a post- Notice of Disagreement decision. The post-Notice of Disagreement decision would be in plain language and contain a description of the specific facts in the case that support the decision including, if applicable, an assessment as to the credibility of any lay evidence pertinent to the issue or issues with which disagreement has been expressed; a citation to pertinent laws and regulations that support the decision; the decision on each issue and a summary of the reasons why the evidence relied upon supports such decision under the specific laws and regulations applied; and the date by which a substantive appeal must be filed in order to obtain further review of the decision. The Secretary would also be required to send, with a rating decision, a form that if completed and returned, would suffice as a notice of disagreement. This is not a comprehensive recitation of all of the provisions within this important veterans' legislation but does, I hope, provide an overview of the changes encompassed in this bill. Everyone involved realizes that there is no quick fix to solving the myriad issues associated with disability claims processing, but the Committee intends to do everything within its power to improve this situation. To bring optimal change to a system this complicated and critical, we must be deliberative, focused, and open to input from all who are involved in this process. Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. AKAKA

Mr. AKAKA. Mr. President, in Hawaii all beaches are public. It is one of the things that makes our State a special place, and it is due to a landmark 1968 ruling by the Hawaii Supreme Court authored by Chief Justice William S. Richardson. As a military veteran, attorney, political party leader, elected official, State supreme court justice and trustee of Hawaii's largest private landowner, Chief Justice Richardson's many contributions helped shape our Nation's youngest State. This great man, a dear brother and friend, died yesterday at the age of 90. As Chief Justice of the Hawaii Supreme Court from 1966 to 1982, C.J., as many of us affectionately knew him, did so much to preserve Hawaii's rich culture and heritage. As he explained it: Hawaii has a unique legal system, a system of laws that was originally built on an ancient and traditional culture. While that ancient culture had largely been displaced, nevertheless many of the underlying guiding principles remained. During the years after the illegal overthrow of the Hawaiian Kingdom in 1893 and through Hawaii's territorial period, the decisions of our highest court reflected a primarily Western orientation and sensibility that wasn't a comfortable fit with Hawaii's indigenous people and the immigrant population. Thus, we made a conscious effort to look to Hawaiian custom and tradition in deciding our cases--and consistent with Hawaiian practice. A self-described ``local boy from Hawaii,'' C.J. graduated from Roosevelt High School and the University of Hawaii at Manoa, and received his law degree from the University of Cincinnati. In World War II, he joined the U.S. Army and served as a platoon leader with the 1st Filipino Infantry Regiment. He was later inducted into the Infantry Officer Candidate School Hall of Fame. C.J. served as the chairman of the Hawaii Democratic Party and as the State's first Lieutenant Governor of Hawaiian ancestry. Upon retirement from the Hawaii Supreme Court, Chief Justice Richardson served as a trustee of the Kamehameha Schools. C.J.'s modest beginnings influenced his future dedication to the underrepresented, minority, and indigenous communities of Hawaii. His mixed heritage of native Hawaiian, Chinese, and Caucasian ancestry reflected the diverse culture and history of the people. He understood the issues most important to the people and fought hard to ensure that the legal system provided remedies for the most vulnerable populations. He will also be remembered for his work to establish the State's only law school--The William S. Richardson School of Law. Chief Justice Richardson fought vigorously for its creation because he believed Hawaii students who could not travel to or afford mainland law schools should have an opportunity to study law nevertheless. Chief Justice Richardson was a true son of Hawaii. He lived his life in service to others and did so with a warm and kind disposition. We celebrate his life, achievements, and contributions to the State of Hawaii.

Mr. AKAKA

Mr. AKAKA. Mr. President, as Chairman of the Senate Committee on Veterans' Affairs, I introduce the proposed Claims Processing Improvement Act of 2010, to focus on enhancements that can be made to adjudicate veterans' disability compensation claims in a more timely and accurate manner. VA has seen a dramatic rise in the number of claims, driven by a number of factors, including the aging of the general veteran population and our prolonged involvement in two overseas conflicts. Further complicating matters, many claims are increasing in complexity, as veterans seek service-connection for multiple disabilities and for disabilities that are difficult to diagnose, such as traumatic brain injury and post traumatic stress disorder. Claims adjudication is an intricate process that has seen many piecemeal changes in recent years. Unfortunately, these changes have yet to produce the results that veterans deserve. My goal, a goal that I am sure is widely shared, is to ensure that veterans are provided accurate and timely resolution to their claims. This legislation I am introducing today would make several improvements in the claims adjudication process. Provisions in title I of the bill would establish a pilot program that would utilize ICD codes to identify disabilities of the musculoskeletal system. Over fifty percent of Operations Iraqi and Enduring Freedom veterans that the Department of Veterans Affairs has had some health care contact with have a possible musculoskeletal diagnosis. ICD codes are standard medical condition identification codes used in electronic records that have been adapted by the Secretary of Health and Human Services for electronic transmission of medical data. This proposed pilot program would take place in six to ten regional offices and require VA to develop a new method of rating claims, which would consider the frequency, severity, and duration of symptoms of the disability in rating the claim, rather than the current rating schedule published in the Code of Federal Regulations. The current rating schedule adds to the complexity of claims adjudication, because many disabilities claimed are not exactly as described in the regulation and several rating codes may need to be considered. The new rating schedule would focus on the impact of the disability, for example, an inability to walk normally, rather than a particular VA rating code classification. All limitations resulting from all disabilities of the musculoskeletal system would be combined to provide one rating, rather than separate ratings for each individual disability. This information would be placed into an organized and searchable electronic record. A veteran could elect to not participate in the pilot program. I believe that such an approach will result in fairer, comprehensive ratings for the entire musculoskeletal system. Title II of the bill includes a number of provisions that are intended to yield some near-term changes to the claims processing system and should help reduce the overall time a claim is under consideration by VA. During the last several years, the Committee has held oversight hearings on the claims processing system. Many of the provisions in this legislation were first suggested by veterans service organizations and other interested parties in connection with those hearings. Others have been recommended by the administration. The legislation I am introducing today serves as a starting point to move forward in our effort to improve VA's claims adjudication process. Provisions in title II would allow for VA to issue partial ratings of claims that include multiple issues for those issues that can adjudicated expeditiously; give equal deference to private medical opinions during the rating process; and clarify that the Secretary is required to provide notice to claimants of additional information and evidence required only when additional evidence is actually required. It would also modify filing periods for notices of disagreement from one year to 180 days and require a claimant to file a substantive appeal within 60 days of the Department issuing a post-Notice of Disagreement decision both of these modifications would contain good cause exceptions to the filing deadlines. Other provisions in title II would automatically waive the review of new evidence by the agency of original jurisdiction, usually a Regional Office, so that any evidence submitted after the initial decision would be subject to initial review at the Board of Veterans' Appeals unless the claimant or the claimant's representative requests in writing that the agency of original jurisdiction initially review such evidence. This legislation would also replace the Secretary's obligation to provide a Statement of the Case with an obligation to provide a post- Notice of Disagreement decision. The post-Notice of Disagreement decision would be in plain language and contain a description of the specific facts in the case that support the decision including, if applicable, an assessment as to the credibility of any lay evidence pertinent to the issue or issues with which disagreement has been expressed; a citation to pertinent laws and regulations that support the decision; the decision on each issue and a summary of the reasons why the evidence relied upon supports such decision under the specific laws and regulations applied; and the date by which a substantive appeal must be filed in order to obtain further review of the decision. The Secretary would also be required to send, with a rating decision, a form that if completed and returned, would suffice as a notice of disagreement. This is not a comprehensive recitation of all of the provisions within this important veterans' legislation but does, I hope, provide an overview of the changes encompassed in this bill. Everyone involved realizes that there is no quick fix to solving the myriad issues associated with disability claims processing, but the Committee intends to do everything within its power to improve this situation. To bring optimal change to a system this complicated and critical, we must be deliberative, focused, and open to input from all who are involved in this process. Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. AKAKA

Mr. AKAKA. Mr. President, it has been nearly five decades since Patricia J. Covington, Director of VA's Congressional Liaison Service, began her public service, and nearly all of it has been with VA, first when it was the Veterans Administration, and, since 1989, as the Department of Veterans Affairs. Although she served in various capacities, it is in connection with her long and distinguished tenure at the Congressional Liaison Service that my colleagues and I, along with our staffs, know her. I am sure that there is not a Member's office in the U.S. Senate that does not regularly call upon her services. Over the years, Pat has worked tirelessly to ensure that our requests for information about VA or for help for veteran constituents are handled in a timely, thorough, and nonpartisan manner. On the occasion of her upcoming retirement, I call on my colleagues to join me in thanking her for assistance to us and to countless veterans, most of whom will never know the critical role she has played in our efforts to improve their lives. Pat entered public service in 1963. After an initial period of employment with another Federal agency, she moved to VA where she gained experience at the Board of Veterans Appeals with the appeals process for denials of disability claims. She also helped administer the Presidential Memorial Certificate Program, established by President John F. Kennedy to honor the memories of deceased veterans. As my colleagues know, each certificate bears the President's signature and conveys to the families of deceased veterans the Nation's gratitude for their service. After gaining a hands-on understanding of many VA benefits and services, Pat joined the Congressional Liaison Service in 1971. The Committee on Veterans' Affairs, which I have the privilege of chairing, was established that year, marking the Senate's heightened commitment to addressing the then-emerging challenges facing veterans of the Vietnam war. I was not in the Senate at that time, but looking back at the large and impressive work of the early days of the committee in responding to a host of complex issues, along with the fact that there were thousands of new veterans seeking assistance from their Federal elected officials, it must have been a very challenging time in Pat's new assignment. From the start, she nevertheless kept pace with the unprecedented number of demands, deepening her knowledge about VA as she took on new responsibilities. In fact, Pat was so good at her job that over time she was repeatedly tapped to serve as Acting Director of the Congressional Liaison Service. In 2002, she was appointed as Director, and has continued to excel in that position. Not long after I became committee chairman in 2007, a veteran arrived at the committee to seek help after being turned down by VA for additional benefits in connection with post-traumatic stress disorder. He had driven thousands of miles and related to committee staff that he had struggled with suicidal feelings. At the time, although VA had not begun to reckon with the rising tide of veteran suicides, Pat knew who to contact to provide counseling and other suicide-prevention services to the veteran and promptly secured a thorough review of his claim. Her compassionate and deeply informed assistance to this veteran was in keeping with her longstanding excellent work. Committee staff and I have relied on Pat and the excellent staff she oversees for information about a wide range of matters relating to the large and complex dimensions of VA's mandate. From disability compensation to health care, construction and cemeteries, home long guaranties and the new G.I. bill, her office has consistently responded with the highest professional standards. With a war on two fronts and increasing numbers of returning servicemembers from Iraq and Afghanistan, along with serious issues facing veterans from earlier wars, her contributions have never been more valued nor her services more needed. Yet to everything there is a season, and a time to every purpose under the heaven. Pat is ending this chapter in her life and will soon open a new one. Again, I thank her for her long service to the committee and her unsurpassed commitment to the veterans of the Nation. I wish her every happiness in the days to come. We shall miss her.

Mr. AKAKA

Mr. AKAKA. Mr. President, as Chairman of the Senate Committee on Veterans' Affairs, I introduce legislation that would provide VA with the means to better protect those VA beneficiaries who have fidicuiaries appointed to look after their affairs. This bill would improve oversight of fiduciaries by authorizing VA to access records at financial institutions for up to 3 years. Under current law, VA has a 3-month time limit on the authorization to view financial records maintained by a fiduciary, a time period which has proven to be inadequate. In addition, VA lacks the authority to compel a fiduciary to provide a Social Security number or other identifying information needed to track financial records. The legislation I am introducing today is modeled on Social Security laws and procedures. It will help VA ensure that veterans' monies are not being misused. It would allow VA to require that any person appointed or recognized by VA as a fiduciary be required to sign an authorization for release of records which would be in effect for up to 3 years. If a fiduciary refuses to sign or revokes an authorization, VA would be authorized to remove the fiduciary. The Committee held a hearing on pending legislation on May 19, 2010, and witnesses from The American Legion and the Veterans of Foreign Wars spoke on the need to strengthen VA's oversight of fiduciaries. I urge our colleagues to support this bill to protect VA beneficiaries who need assistance with financial management. Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. AKAKA

Mr. AKAKA. Mr. President, as Chairman of the Senate Committee on Veterans' Affairs, I introduce legislation that would provide VA with the means to better protect those VA beneficiaries who have fidicuiaries appointed to look after their affairs. This bill would improve oversight of fiduciaries by authorizing VA to access records at financial institutions for up to 3 years. Under current law, VA has a 3-month time limit on the authorization to view financial records maintained by a fiduciary, a time period which has proven to be inadequate. In addition, VA lacks the authority to compel a fiduciary to provide a Social Security number or other identifying information needed to track financial records. The legislation I am introducing today is modeled on Social Security laws and procedures. It will help VA ensure that veterans' monies are not being misused. It would allow VA to require that any person appointed or recognized by VA as a fiduciary be required to sign an authorization for release of records which would be in effect for up to 3 years. If a fiduciary refuses to sign or revokes an authorization, VA would be authorized to remove the fiduciary. The Committee held a hearing on pending legislation on May 19, 2010, and witnesses from The American Legion and the Veterans of Foreign Wars spoke on the need to strengthen VA's oversight of fiduciaries. I urge our colleagues to support this bill to protect VA beneficiaries who need assistance with financial management. Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. AKAKA

Mr. AKAKA. Mr. President, I rise to congratulate our senior Senator, my good friend and longtime colleague, Senator Dan Inouye, on his impressive milestone. On Friday, Senator Inouye became the second-longest-serving Senator in the history of this storied institution. Dan was sworn into the Senate in 1963, just a few years after Hawaii became a State. At the time, he was the first and only Japanese American to step foot in this room as a Member of this prestigious body. Today, he is the chairman of the Appropriations Committee. Dan Inouye did not just break barriers, he shattered them. Of course, the Senate is only the most recent chapter in Dan Inouye's lifetime of service to our country, which includes his Medal of Honor service in the Army during World War II, and his service in the Hawaii Territorial Legislature and the U.S. House of Representatives. Hawaii may be the youngest State in this great country, but as Senator Inouye's milestone demonstrates, our contributions continue to shape the United States of America. From President Barack Obama, who grew up not far from Senator Inouye's childhood home on the island of Oahu, to each teacher, soldier, construction worker, and farmer, we are proud of the many accomplishments of Hawaii's people. We are proud to be the 50th State, and we are proud of Senator Inouye's long career serving our Nation. Aloha and congratulations, Dan. (Applause, Senators rising.)

Mr. AKAKA

Mr. AKAKA. Mr. President, I wish to congratulate the University of Hawaii Women's softball team for its record-breaking 2010 season. The Rainbow Wahine captured the Western Athletic Conference regular season and tournament titles and won all three games in the regional tournament. In one of the most memorable games in University of Hawaii softball history, the Rainbow Wahine defeated the top-seeded University of Alabama team at the Tuscaloosa Super Regionals and secured their first appearance in the NCAA Women's College World Series. The team set numerous school records this season including most runs scored, 488, hits, 578, and home runs, 158. Team members Melissa Gonzalez and Kelly Majam also earned the honor of being named 2010 Louisville Slugger/ National Fastpitch Coaches Association All-Americans. It is with great pleasure that I commend the Rainbow Wahine for a job well done. The team's superb season serves as a reminder that hard work and dedication can lead to success. Congratulations to team members: Kelly Majam, Jessica Iwata, Mikalemi Tagab-Cruz, Rachel Paragas, Brynne Buchanan, Tara Anguiano, Dara Pagaduan, Sarah Robinson, Stephanie Ricketts, Tasha Pagdilao, Jori Jasper, Jenna Rodriguez, Alexandra Aquirre, Kaia Parnaby, Traci Yoshikawa, Kanani Pu'u-Warren, Katie Grimes, Jocelyn Enrique, Amanda Tauali'i, Makani Duhaylonsod- Kaleimamahu, and Melissa Gonzalez. I also wish to acknowledge the coaches for their leadership and commitment to the players: head coach Bob Coolen, associate head coach Deirdre Wisneski, assistant coach Kaulana Williams, and volunteer coach Dickie Titcomb. I wish the Rainbow Wahine all the best in their future endeavors.