Reform America's Schools to Educate the Leaders of the Future Act

Mr. President, I rise on behalf of myself and Senator Boxer to introduce legislation to establish a National Heritage Area in the California Sacramento-San Joaquin Delta. This legislation will create the first Heritage Area in California.

I am pleased that I have had the opportunity to work with Senator Boxer, Representative John Garamendi, and the County Supervisors from the 5 Delta Counties to prepare this legislation and support their efforts to fully partner with the State, the Federal agencies, and other local governments to improve and care for the Delta.

This bill will establish the Sacramento-San Joaquin Delta as a National Heritage Area.

The Delta Protection Commission, created by California law and responsible to the citizens of the Delta and California, will manage the Heritage Area. It will ensure an open and public process, working with all levels of federal, state, and local government, tribes, local stakeholders, and private property owners as it develops and implements the management plan for the Heritage Area. The goal is to conserve and protect the Delta, its communities, its resources, and its history.

It is also important to understand what this legislation will not do. It will not affect water rights. It will not affect water contracts. It will not affect private property.

Nothing in this bill gives any governmental agency any more regulatory power than it already has, nor does it take away regulatory from agencies that have it.

In short, this bill does not affect water rights or water contracts, nor does is impose any additional responsibilities on local government or residents. Instead, it authorizes Federal assistance to a local process already required by State law that will elevate the Delta, providing a means to conserve and protect its valued communities, resources, and history.

The Sacramento-San Joaquin Delta is the largest estuary on the West Coast. It is the most extensive inland delta in the world, and a unique national treasure.

Today, it is a labyrinth of sloughs, wetlands, and deepwater channels that connect the waters of the high Sierra mountain streams to the Pacific Ocean through the San Francisco Bay. Its approximately 60 islands are protected by 1,100 miles of levees, and are home to 3,500,000 residents, including 2,500 family farmers. The Delta and its farmers produce some of the highest quality specialty crops in the United States.

The Delta offers recreational opportunities to the two million Californians who visit the Delta each year for boating, fishing, hunting, visiting historic sites, and viewing wildlife. It provides habitat for more than 750 species of plants and wildlife. These include sand hill cranes that migrate to the Delta wetland from places as far away as Siberia. The Delta also provides habitat for 55 species of fish, including Chinook salmon--some as large as 60 pounds--that return each year to travel through the Delta to spawn in the tributaries.

These same waterways also channel fresh water to the Federal and State-owned pumps in the South Delta that provide water to 23 million Californians and 3 million acres of irrigated agricultural land elsewhere in the state.

Before the Delta was reclaimed for farmland in the 19th Century, the Delta flooded regularly with snow melt each spring, and provided the rich environment that, by 1492, supported the largest settlement of Native Americans in North America.

The Delta was the gateway to the gold fields in 1849, after which Chinese workers built hundreds of miles of levees throughout the waterways of the Delta to make its rich peat soils available for farming and to control flooding.

Japanese, Italians, German, Portuguese, Dutch, Greeks, South Asians, and other immigrants began the farming legacy, and developed technologies specifically adapted to the unique environment, including the Caterpillar Tractor, which later contributed to agriculture and transportation internationally.

Delta communities created a river culture befitting their dependence on water transport, a culture which has attracted the attention of authors from Mark Twain and Jack London to Joan Didion.

The Delta is in crisis due to many factors, including invasive species, urban and agricultural run-off, wastewater discharges, channelization, dredging, water export operations, and other stressors.

Many of the islands of the Delta are between 10 and 20 feet below sea level, and the levee system is presently inadequate to provide reliable flood protection for historic communities, significant habitats, agricultural enterprises, water resources, transportation and other infrastructure.

Existing levees have not been engineered to withstand earthquakes. Should levees fail for any reason, a rush of seawater into the interior of the Delta could damage the already fragile ecosystem, contaminate drinking water for many Californians, flood agricultural land, inundate towns, and damage roads, power lines, and water project infrastructure.

The State of California has been working for decades on a resolution to the water supply and ecosystem crisis in the State, and has a long history of partnerships with Federal agencies, working together to resolve challenges to the Delta's historic communities, ecosystem and the water it supplies so many Californians.

The Delta Protection Commission, established under state law, has been tasked by the California State Legislature with providing a forum for Delta residents to engage in decisions regarding actions to recognize and enhance the unique cultural, recreational, agricultural resources, infrastructure and legacy communities of the Delta and to serve as the facilitating agency for the implementation of a National Heritage Area in the Delta.

This legislation will complement the broadly supported State Water Legislation of 2009, which called for a Heritage designation for the Delta.

This legislation authorizes the creation of the Delta Heritage Area and federal assistance to the Delta Protection Commission in implementing the Area. This legislation is just a small part of the commitment the Federal government must make to the Delta. I look forward to continuing to work with my colleagues at every level of

government to restore and sustain the ecosystem in the Delta, to provide for reliable water supply in the State of California, to recover the native species of the Delta, protect communities in the Delta from flood risk, ensure economic sustainability in the Delta, improve water quality in the Delta, and; sustain the unique cultural, historical, recreational, agricultural and economic values of the Delta.

The National Heritage Area designation for the Sacramento-San Joaquin Delta will help local governments develop and implement a plan for a sustainable future by providing Federal recognition, technical assistance and small amounts of funding to a community-based process already underway.

Through the Delta Heritage Area, local communities and citizens will partner with Federal, State and local governments to collaboratively work to promote conservation, community revitalization, and economic development projects.

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. President, today I am introducing the ``Ban Poisonous Additives Act of 2011,'' a bill that would ban the chemical Bisphenol A, known as BPA, from all children's feeding products. I thank my cosponsors Senators Schumer, Kerry, Sanders, and Franken for their support.

I vowed in the last Congress not to give up, and this is why I am introducing a bill that bans the use of BPA in baby bottles, sippy cups, infant formula, and baby food containers: the products used to provide food and beverages to the most vulnerable.

I have a deep, abiding concern regarding the presence of toxins and chemicals in the daily lives of Americans. BPA is an endocrine disruptor, which means that it interferes with the way hormones work in the body.

The evidence against BPA is mounting, especially its harmful effects on babies and children who are still developing.

I believe we have an obligation to safeguard babies and children from unnecessary exposure to this chemical that is linked to so many health problems.

Over 200 scientific studies show that even at low doses, BPA is linked to serious health problems including: Cancer, Diabetes, Heart Disease, Early puberty, Behavioral problems, Obesity.

This chemical is so widespread it has been found in 93 percent of Americans.

Babies and children are particularly at risk to the exposure of BPA because when they are developing, any small change can cause dramatic consequences.

It may not surprise you that the chemical industry continues to insist that BPA is not harmful. According to at least one study, there is reason to be skeptical about research coming from chemical companies.

In 2006, the journal Environmental Research published an article comparing the results of government funded studies on BPA to BPA studies funded by industry.

The difference is glaring.

Ninety-two percent of the government funded studies found that exposure to BPA caused health problems.

Overwhelmingly, government studies found harm. None of the industry funded studies identified health problems as a result of BPA exposure. Not one.

Clearly, serious questions are raised about the validity of the chemical industry's studies. The results also illustrate why our nation's regulatory agencies should not and cannot solely rely on chemical companies to conduct research on their own products.

The fact that so many adverse health effects are linked to this chemical, the fact that this chemical is so present in our bodies, and the fact that babies are more at risk from its harmful effects leads me to believe that there is no good reason to expose our children to BPA.

This is why we are introducing legislation that protects all babies across the country, no matter which state they happen to live.

This bill will ensure that parents no longer have to wonder whether products they buy for their babies and children will harm them now or later in life.

This bill: Bans the use of BPA in baby bottles and sippy cups within 6 months; Bans the use of BPA in baby food within 1 year; Bans the use of BPA in infant formula within 18 months; Requires that the FDA issue a revised safety assessment on BPA by December 1, 2012; and Includes a savings clause to allow states to enact their own legislation.

This bill makes sense. It's a reasonable step forward to protecting our children's health.

Major manufacturers are already phasing out BPA from their food and beverage products for children.

Food and beverage products for children all have safe, alternative, BPA-free packaging available right now.

Major baby food and formula manufacturers offer BPA-free alternatives including: Nestle's GOOD START, Similac powdered infant formula, Enfamil powdered infant formula, Nestle liquid formula, and Similac liquid formula.

At least 14 manufacturers of baby bottles either offer some BPA-free alternatives or have completely banned its use. They are: Avent, Born Free, Disney First Years, Dr. Brown's, Evenflo, Gerber, Green to Grow, Klean Kanteen, Medala, Munchkin, Nuby Sippy Cups, Playtex, Think Baby, and Weil Baby.

Many major retailers have taken action and sell BPA-free baby bottles and cups: CVS, Kmart, Kroger, Rite Aid, Safeway, Sears, Toys ``R'' Us and Babies ``R'' Us, Wal-Mart, Wegmans, and Whole Foods.

Eight states have already enacted laws banning BPA from children's products: Connecticut, Maryland, Massachusetts, Minnesota, New York, Vermont, Washington, and Wisconsin.

Other countries have already moved forward to restrict this chemical. Canada declared BPA a toxic substance, and banned it from all baby bottles and sippy cups. Denmark and France have national bans on BPA in certain children's products.

The European Commission banned BPA from baby bottles, protecting consumers in the European Union.

Clearly, the problem has been recognized and steps are being taken by countries, states, companies, and retailers to remove this harmful chemical.

Let me briefly explain what BPA is.

BPA is a synthetic estrogen. As I stated previously, it is a hormone disruptor and interferes with how hormones work in the body. This chemical is used in thousands of consumer products to harden plastics, line tin cans, and make CDs. It is even used to coat airline tickets, grocery store receipts, and to make dental sealants.

It is one of the most pervasive chemicals in modern life. And, as with so many other chemicals in consumer products, BPA has been added to our products without us knowing whether it was safe or not.

Alternatives exist because there is growing concern about the harmful effects of BPA. The chemical industry continues to try to quiet criticism by reassuring consumers that BPA is safe.

I don't buy it.

As I previously stated, over 200 scientific studies show that exposure to BPA, particularly during prenatal development and early infancy, are linked to a wide range of adverse health effects in later life.

Because of their smaller size and stage of development, babies and children are particularly at risk from the harmful health effects of

Mr. President, in passing the Patient Protection and Affordable Care Act, PPACA, on March 23, 2010, the 111th Congress made great strides towards protecting consumers from egregious health insurance company practices. However, despite the passage of this historic legislation, the urgent need to protect Americans from unfair health insurance rate increases remains.

Health insurance premiums have been spiraling upwards nationally at out-of-control rates--10, 20, 30 percent every year--all while big national insurance companies enjoy increasing profits.

Without further legislative action, health insurance companies will continue to do what they have done for far too long: put their profits ahead of people.

Over the past decade, family health insurance premiums have more than doubled, growing a shocking 130 percent, while workers' hourly earnings rose by only 38 percent, and inflation rose just 29 percent.

From 2000-2008, individuals in the employer-sponsored market saw premiums increase an average of 90 percent.

The cost of health insurance continues to outpace income and inflation for other goods and services, and these rapidly escalating costs strain businesses, families, and individuals.

In 2009, 57 percent of people attempting to purchase insurance in the individual market found it difficult or impossible to afford coverage.

All the while, in the third quarter of 2010, the six-largest investor-owned health insurance companies (Aetna, Coventry Health, United Health, Humana, WellPoint, and Cigna) saw a 22 percent increase in combined net income, putting them on pace to break their own profit record.

The problem is that the health reform law did not go far enough to control these unfair premium increases, it leaves a loophole.

Simply stated, there is no federal authority to do anything about these rate increases, even if they are unfair.

We need to close this loophole.

This is why today I am introducing, with Senators Boxer and Inouye, the Health Insurance Rate Review Act of 2011. Representative Schakowsky is introducing companion legislation in the House of Representatives.

This legislation creates a federal fallback rate review process, and grants regulatory authority to block or modify rate increases that are excessive, unjustified, or unfairly discriminatory.

This legislation is a simple, common-sense solution: for States where the insurance commissioner does not have or

use authority to block unfair rate increases, the Secretary of Health and Human Services can do so.

On March 4, 2010, I introduced similar legislation to what I am introducing today. I worked with the Administration and the Finance Committee in putting it together, and with Representative Schakowsky.

President Obama included it in his health reform proposal, but unfortunately, it did not meet the criteria for reconciliation.

The time has come now to take action.

This legislation is necessary in order to protect consumers from the egregious abuses of insurance companies, especially before the majority of the consumer protections included in health reform are fully in place in 2014.

It is disturbing that year after year, health insurance premiums spiral out control, all while insurance companies enjoy increasing profits.

Insurance premiums make up a higher percentage of household income than ever before, meaning that more and more families have to choose between health care and daily living expenses, saving for retirement, and education.

This is unacceptable, and more must be done to protect consumers.

Everyone by now is familiar with the increases that Anthem/Blue Cross, a subsidiary of WellPoint, was set to impose--as much as 39 percent--for 800,000 Californians.

It turns out that Anthem Blue Cross used flawed data to calculate health insurance premium increases to hundreds of thousands of policyholders in California, resulting in increases that were larger than necessary.

According to an independent analysis, the 25 percent average increase proposed by Anthem should have only been 15.2 percent.

What is most disturbing is that Anthem's case is not an aberration. Far from it.

This is not a problem unique to California. In the spring of 2010, health insurance companies pursued rate hikes in a number of States: as much as 60 percent in Illinois; 72 percent in Georgia; 50 percent in New Jersey; and 40 percent in Virginia, to name a few.

The White House reports that premium rates have been rising across the Nation, with substantial geographic variation.

For employer-sponsored family coverage, premiums increased 88 percent in Michigan over the past decade compared to a 145 percent increase in Alaska.

A report by the Center for American Progress Action Fund found that this summer, WellPoint pursued double digit increases in the individual market for 10 other States: Colorado, Connecticut, Georgia, Indiana, Maine, Nevada, New Hampshire, New York, Virginia, and Wisconsin.

The reporting requirements in the health reform law will improve the information available, but right now, comprehensive data on the premium increases insurers are imposing does not exist.

In 2009, despite the worst economic downturn since the Great Depression, the five largest for-profit health insurance companies, WellPoint Inc., United Health Group Inc., Aetna Inc., Humana Inc., and Cigna Corp., set a full-year profit record. These companies saw a 56 percent increase in profits from 2008 to 2009, from $7.7 billion to $12.1 billion.

Furthermore, when many Americans were experiencing double-digit premium increases in 2009, high unemployment, and an average wage growth of only 2 percent, insurance CEOs gave themselves a 167 percent raise.

CEO pay for the 10 largest for-profit health insurance companies was $228.1 million in 2009, up from $85.5 million in 2008.

This doesn't even include the tens of millions more dollars in exercised stock options, and means that these CEOs raked in nearly $1 billion in total compensation.

In the first three months of 2010, the five largest for-profit health insurance companies, WellPoint Inc., United Health Group Inc., Aetna Inc., Humana Inc., and Cigna Corp., recorded a combined net income of $3.2 billion--a 31 percent jump over the same period in 2009.

Meanwhile, large insurance companies now insure 2.8 million fewer Americans than they did on December 31, 2008. An estimated 59.1 million Americans were uninsured in the first quarter of 2010.

The California HealthCare Foundation reported that 6.8 million California residents lack health coverage.

That is 20 percent of the State's residents who are not able to afford health insurance.

All the while, insurance companies have been reducing the amount they spend on actual health care. As profits and CEO pay increased, the amount of money insurers spent on medical care went down.

The top six insurers drove down the portion of premiums spent on medical care. For example, the share of premium dollars that CIGNA spent on medical care decreased 6.4 percent in the second quarter of 2010 compared to the prior year, and Humana's decreased 7.4 percent.

Now, because of legislation in the health reform law, insurance companies have to spend 80-85 percent of premiums on medical care and quality improvement services, not on profits.

This will go a long way to keeping insurance company greed in check, but we need to go farther.

Clearly without additional legislative requirements, health insurance companies are not going to change.

The Department of Health and Human Services recently published proposed rules defining the rate review process. These regulations are a first step towards protecting consumers and keeping insurers in check.

But they fall short of creating a strong rate review system, and rely too heavily on the notion that public disclosure of rates will cause insurance companies to change their behavior.

The regulations do not grant explicit regulatory authority--either State or Federal--to deny, modify, or block rate increases that are excessive, unjustified, or unfairly discriminatory.

The health reform law requires insurance companies to provide justification for unreasonable premium increases to the Secretary of Health and Human Services and post them on their Web sites.

The regulations subject rate increases of 10 percent or greater to additional scrutiny and review, but the State-specific thresholds in 2012 could sanction increases higher than 10 percent.

Transparency and increased scrutiny are steps forward, but there is still this loophole where there is no authority to block or modify even excessive, unjustified, and unfairly discriminatory increases.

This is why I am again introducing my rate review legislation, which will grant this authority.

I believe there needs to be a Federal fallback in States that lack the legal authority, capacity, or resources to conduct strong rate review.

This legislation gives the Secretary of Health and Human Services the authority to block premium or other rate increases that are excessive, unjustified, or unfairly discriminatory.

In some States, insurance commissioners already have that authority, and that is fine. The bill doesn't touch them.

In Maine, for example, the State superintendent of insurance was able to block Anthem's proposed 18.5-percent increase last year. She approved only a 10.9-percent increase.

In at least 17 States, including my own--California--companies are not required to receive prior approval for rate increases before they take effect.

In these States, the Secretary would review potentially excessive, unjustified, or unfairly discriminatory rate increases and take corrective action. This could include blocking an increase, providing rebates to consumers, or adjusting an increase.

Under this proposal, the Secretary would work with the National Association of Insurance Commissioners to implement the rate review process. States already doing this work will continue to do so unabated and unfettered. The legislation would not affect them.

However, for the consumers in the other 17 States with no authority, such as California, protection from unfair rate hikes would be provided.

Given the variation in State rate review authority and process, I think this proposal strikes the right balance.

There is no need for involvement in States with insurance commissioners that are able to protect consumers. So the legislation I am introducing simply

provides Federal protection for consumers who are currently at the mercy of large health insurance companies whose top priority is their bottom line.

This legislation is particularly important given a recent report by the Kaiser Family Foundation showing that many States lack the capacity and resources to conduct adequate rate review, regardless of the State's statutory authority to review rates.

I strongly believe that we need to take action on this. The health reform law made great strides towards holding companies and shareholders accountable for providing health care at a reasonable rate.

However, there is this loophole.

So this bill becomes very necessary. Premiums are increasing every day, and people in many States have no recourse, and no way to know if a particular increase is unfair.

There needs to be a Federal fallback in States that lack the legal authority, capacity, or resources to conduct strong rate review. In States where the Insurance Commissioner is not equipped to review, modify, and block unreasonable rates, my legislation would grant the Secretary of Health and Human Services the authority to do so.

I urge my colleagues to join me in supporting this legislation, the Health Insurance Rate Review Act of 2011, which will close this loophole.

I look forward to working with my colleagues on this important issue.

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. President, I rise today to introduce the California Desert Protection Act of 2011.

This bill is an effort to plan for the competing uses--such as conservation, off-highway vehicle recreation, development, and military training--that are now being proposed for the desert. These uses of our public lands can coexist through comprehensive planning, but in the absence of such planning, it's quite possible that none will thrive.

During the previous Congress I introduced similar legislation to help preserve pristine desert lands that were donated to the Federal Government for permanent conservation a decade ago, but that more recently have come under threat of development because of a flawed bureaucratic process that failed to protect them.

Over the last year the bill was endorsed by more than 100 organizations and agencies, and it had a hearing in the Energy and Natural Resources Committee.

I am grateful to Senator Bingaman and his staff for working with me to prepare the bill for further action in the Energy and Natural Resources Committee. I believe we can revise the bill to address further the needs of renewable energy developers, the Department of Defense, off-road recreation enthusiasts, local government and others, and I look forward to continuing that effort in the new Congress.

I strongly believe that conservation, renewable energy development and recreation can and must co-exist in the California Desert--and this legislation strikes a carefully conceived balance between these sometimes competing concerns.

The key provisions of this bill would designate two new national monuments--the Mojave Trails and the Sand

to Snow National Monuments; add adjacent lands to the Joshua Tree and Death Valley National Parks and the Mojave National Preserve; designate 5 new BLM wilderness areas and protect 4 important waterways--including the Amargosa River and Deep Creek--as Wild and Scenic Rivers; and enhance recreational opportunities in the desert and ensure that the training needs of the military are met.

This bill is the product of painstaking discussions with key stakeholders including environmental groups, local and State government, off-highway recreation enthusiasts, hunters, cattle ranchers, mining interests, the Department of Defense, wind and solar energy companies, California's public utility companies, and many others. I am grateful for all of their efforts.

The previous version of my bill proposed specific improvements to the Department of the Interior's rules governing the development of renewable energy on public lands. I'm pleased that the Department has instituted a number of new policies over the last year which have greatly improved the process. Consequently, the current bill focuses primarily on conservation, recreation and other important uses of the California desert.

However, I intend to work with my colleagues from the West on separate legislation to further expedite the development of wind and solar energy in California and the West.

The California Desert Protection Act, which was enacted in 1994, was a sweeping piece of legislation aimed at conserving some of the most beautiful and ecologically significant lands in my home State.

The law created Death Valley National Park, Joshua Tree National Park and the Mojave National Preserve, as well as 69 desert wilderness areas managed by the Bureau of Land Management, BLM.

Collectively, it protected more than 7 million acres of desert lands, making it the largest land conservation bill in the lower 48 States in U.S. history.

To this day, it remains one of my proudest accomplishments since joining this body.

Much has changed since the passage of the California Desert Protection Act. Many of the impediments that prevented conservation of other pristine desert lands in the area no longer exist.

For example the Department of Defense concerns with designating some wilderness areas near Fort Irwin have been resolved; many mining areas inside national parks and potential wilderness have closed; grazing allotments on both BLM and National Park Service land have been retired by willing sellers; hundreds of thousands of acres of privately owned land have been donated to or acquired by the Federal Government.

Yet even as these issues were resolved, new challenges have emerged. There are now competing demands over how best to manage hundreds of thousands of acres of public lands in the desert.

Some believe the lands should be used for large-scale solar and wind facilities and transmission lines. Others would like to conserve critical habitat for threatened and endangered species.

Some would like more acreage available for grazing or for off-road recreation.

Finally, some would like to see additional lands made available for military training and base expansion.

Two years ago, I learned that BLM had accepted applications to build vast solar and wind energy projects on former railroad lands previously owned by the Catellus Corporation. These lands had been donated to the Federal Government or acquired with taxpayer funds with the explicit goal of conservation.

Approximately $45 million of private donations--including a $5 million land discount from Catellus Corporation--and $18 million in Federal Land and Water Conservation grants was spent to purchase these lands, with the intent of conserving them in perpetuity.

As the sponsor of the legislative provisions that helped secure the deal to acquire the roughly 600,000 acres of former private land, I found the BLM's actions unacceptable.

We have an obligation to honor our commitment to conserve these lands--and I believe we can still accomplish that goal while also fulfilling California's commitment to develop a clean energy portfolio.

I believe the development of these new cleaner energy sources is vital to addressing climate change, yet we must be careful about selecting where these facilities are located.

I plan to work with senators from Western States to improve the renewable energy permitting process to allow quicker development of renewable energy projects on private and disturbed public land. This effort likely requires separate legislation and improved regulation.

I applaud the Department of the Interior's efforts over the last year to address this problem, especially Interior's proposed designation of 24 solar energy zones encompassing 677,000 acres of public land in 6 Western States. By designating these zones in appropriate areas and streamlining the permitting process for projects proposed there, the Department has helped ensure that sensitive areas of the desert can be preserved.

As BLM finalizes the creation of these Zones and its new Solar Energy Program, I will push BLM to create a development zone in the West Mojave, conduct sufficient study of zones to ensure projects in these locations can be permitted quickly, and establish the program's rules as expeditiously as possible.

I will continue to suggest ways that the U.S. Fish and Wildlife Service can improve permitting on private lands, the Defense Department can welcome development on its bases, and the Forest Service can utilize its own lands. These matters may require legislation.

There is enough land in California's desert to protect the most precious areas of the Mojave and aggressively develop renewable resources where permitting will be rapid. California must develop 15,000 to 20,000 megawatts of renewable power to meet its climate goals by 2020, and the current permitting process will need to vastly improve for the state to meet this goal.

First, this bill will ensure that hundreds of thousands of acres of land donated to the federal government for conservation will be protected by creating the Mojave Trails National Monument. This new monument would cover approximately 941,000 acres of federal land, which includes approximately 266,000 acres of the former Catellus-owned railroad lands along historic Route 66. I visited the area and was amazed by the beauty of the massive valleys, pristine dry lakes, and rugged mountains.

In addition to its iconic sweeping desert vistas and majestic mountain ranges, this area of the Eastern Mojave also contains critical wildlife corridors linking Joshua Tree National Park and the Mojave National Preserve. It also encompasses hundreds of thousands of acres designated as areas of critical environmental concern, critical habitat for the threatened desert tortoise, and ancient lava bed flows and craters. It is surrounded by more than a dozen BLM wilderness areas.

The BLM would be given the authority to both conserve the monument lands, and also to maintain existing recreational uses, including hunting, vehicular travel on open roads and trails, camping, horseback riding and rockhounding.

The bill also creates an advisory committee to help develop and oversee the implementation of the monument management plan. It would be comprised of representatives from local, state and federal government, conservation and recreation groups, and local Native American tribes.

Before I go on to the other conservation provisions in the bill, I would like to address one important issue--and that is what should be done about some of the proposed renewable energy development projects proposed for lands included in this monument.

Although it is true that the monument will prevent further consideration of some applications to develop solar and wind energy projects on former Catellus lands or adjoining lands in the monument, it is important to note that of the proposals in question, not a single one has been granted a permit, nor is a single one under review at the California Energy Commission or under formal NEPA, National Environmental Policy Act, review at BLM.

To ensure that creation of the monument does not unnecessarily harm the

firms that worked in good faith and invested substantial time and resources to produce renewable energy in California, the legislation will offer these companies an opportunity to relocate their projects to federal renewable energy zones currently being developed by the Department of the Interior.

Additionally, the monument would not prevent the construction or expansion of necessary transmission lines critical to linking renewable energy generation facilities with the electricity grid.

Second, the bill would establish the ``Sand to Snow National Monument,'' encompassing 134,000 acres of land from the desert floor in the Coachella Valley up to the top of Mount San Gorgonio, the highest peak in Southern California.

The boundaries of this second, smaller new monument would include two Areas of Critical Environmental Concern: Big Morongo Canyon and Whitewater Canyon, the BLM and U.S. Forest Service San Gorgonio Wilderness, the Wildlands Conservancy's Pipe's Canyon and Mission Creek Preserves, and additional public and private conservation lands, including two wildlife movement corridor areas connecting the Peninsular Ranges with the Transverse Ranges.

This area is truly remarkable, and would arguably be the most environmentally diverse national monument in the country. It serves as the intersection of three converging ecological systems--the Mojave Desert, the Colorado Desert, and the San Bernardino mountains--and is one of the most important wildlife corridors in Southern California.

This monument designation would protect 23.6 miles of the Pacific Crest Trail and the habitat for approximately 240 species of migrating and breeding birds, the second highest density of nesting birds in the United States. It also serves as a home and a crucial migration corridor for animals traveling between Joshua Tree National Park, the oasis at Big Morongo, and the higher elevations of the San Bernardino Mountains.

I'd like to make one additional point, and that is that despite its ecological significance, this area is not particularly well-known-- largely because it is managed by a number of distinct entities, including the BLM, Forest Service, National Park Service and private preserves and conservation agencies. So, the monument designation would help to attract more attention to one of California's natural gems.

Third, the bill establishes new wilderness areas and allows more appropriate use of lands currently designated as Wilderness Study Areas.

The 1994 California Desert Protection Act extended wilderness protection to many areas in the desert, yet several areas near Fort Irwin were designated as wilderness study areas in order to allow the base to expand.

Now that Fort Irwin's expansion is complete, it is time to consider these areas for permanent wilderness designation.

The bill protects approximately 250,000 acres of BLM land as wilderness in five areas. These areas contain some of the most pristine and rugged landscapes in the California desert.

Beyond Fort Irwin, the bill also expands wilderness areas in Death Valley National Park, 90,000 acres, and the San Bernardino National Forest, 4,300 acres, inside the Sand to Snow National Monument created by this bill.

The bill also releases 126,000 acres of land from their existing wilderness study area designation in response to requests from local government and recreation users. This will allow the land to be made available for other purposes, including recreational off-highway vehicle use on designated routes.

Fourth, this bill would create the Vinagre Wash Special Management Area.

The agreed-upon designation for this area in Imperial County, near the Colorado River, was reached after careful discussion with key stakeholders.

Although the land possesses some wilderness characteristics, there are also competing interests. The Navy Seals currently use some of this area for occasional training. Additionally, many local residents enjoy touring the rolling hills in the area by jeep.

Through the combined efforts of conservation groups, local residents and county government, and the Department of Defense, a compromise conservation designation was developed.

For the land known as the Vinagre Wash, the bill will create a ``special management area'' covering 76,000 acres, including 12,000 acres of former railroad lands donated to the federal government.

Of these, 49,000 acres are designated as potential wilderness and only become permanent wilderness if and when the Department of Defense determines these lands are no longer needed for Navy Seal training.

This designation will permit the area to continue to be accessed by vehicles and be used for camping, hiking, mountain biking, sightseeing, and off-highway vehicle use on designated routes and protect tribal cultural assets in the area.

Fifth, the bill adds to or designates four new Wild and Scenic Rivers, totaling 76 miles in length. These designations will ensure the rivers remain clean and free-flowing and that their immediate environments are preserved. These beautiful waterways are Deep Creek and the Whitewater River in and near the San Bernardino National Forest, as well as the Amargosa River and Surprise Canyon Creek near Death Valley National Park.

Sixth, the bill adds approximately 74,000 acres of adjacent lands to the three National Parks established by the 1994 California Desert Protection Act: 41,000 acres in Death Valley National Park. This includes former mining areas where the claims have been retired and a narrow strip of BLM land between National Park and Defense Department boundaries that has made BLM management difficult; almost 30,000 acres in the Mojave National Preserve. This land was not included in the original Monument because of the former Viceroy gold mine. However, the mining operations ceased several years ago and the reclamation process is nearly complete. Additionally, a 2007 analysis by the Interior Department recommended that this area would be suitable to add to the Preserve; 2,900 acres in Joshua Tree National Park. This includes multiple small parcels of BLM land identified for disposal on its periphery. Transferring this land to the Park Service would help protect Joshua Tree by preserving these undeveloped areas that border residential communities.

Seventh, the bill designates new lands as Off-Highway Vehicle Recreation Areas.

One of the key goals I have strived for in this bill is to find balance to ensure that the many different needs and uses in the desert are accommodated with the least possible conflict. Some of the most frequent visitors to the desert are the off-highway recreation enthusiasts.

In California alone, there are over 1 million registered off-highway vehicles, many of which can be found exploring thousands of miles of desert trails or BLM designated open areas.

However, in order to meet military training needs, the Marine Corps is studying the potential expansion of Marine Corps Air Ground Combat Center at Twentynine Palms into Johnson Valley, the largest OHV area in the country. I strongly support providing our troops with the best possible training, but if the Marines need to expand the base into Johnson Valley, this could have potentially resulted in the loss of tens of thousands of acres of OHV recreation lands.

In 2009 I met with Major General Eugene Payne, Assistant Deputy Commandant for Installations and Logistics, and Brigadier General Melvin Spiese, Commanding General, Training and Education Command, to discuss this issue, and I am very grateful for their efforts to consider base expansion options that would preserve much of Johnson Valley for recreation.

As the result of those meetings, the Marine Corps has committed to studying an alternative that would allow for a portion of Johnson Valley to be used exclusively for military training, another portion to be used exclusively for continued OHV recreation and a third area for joint use. While the environmental review process must first be completed, I am hopeful that this option will prevail for the benefit of the Marines and recreational users of Johnson Valley.

The lesson learned from Johnson Valley is that, despite the vast size of the California desert, there are relatively

few areas dedicated to OHV recreation, and even those areas face increasing competition from other types of uses. These areas are important not only to the hundreds of thousands visitors who enjoy them, but also to the local economy that depends on their tourist dollars. Additionally, by protecting these areas, we also protect conservation areas by providing appropriate places for OHV recreation.

This bill will designate five existing OHV areas in the Mojave desert as permanent OHV areas, providing off-highway groups some certainty that these uses will be protected as much as conservation areas. Collectively, these areas could be as much as 314,000 acres, depending on what, if any, of Johnson Valley is ultimately needed by the Marines.

This section of the bill also requires the Secretary of the Inerior to conduct a study to determine which, if any, lands adjacent to these recreation areas would be suitable for addition. This will help make up for some of the lost acres in Johnson Valley should the Marines decide to expand there.

Finally, this bill includes other key provisions that address various challenges and opportunities in the California desert, including state land exchanges. There are currently about 370,000 acres of state lands spread across the California desert in isolated 640 acre parcels. Because many of these acres are inside national parks, wilderness, the proposed monuments or conservation areas, they are largely unusable. The bill seeks to remedy that problem by requiring the Department of the Interior to develop and implement a plan with the state to complete the exchange of these lands for other BLM or GSA owned property in the next ten years. These land exchanges will help consolidate the state lands into larger, more usable areas that could potentially provide the state with viable sites for renewable energy development, off-highway vehicle recreation or other commercial purposes.

Military activities. The bill ensures the right of the Department of Defense to conduct low-level overflights over wilderness, national parks and national monuments.

Climate change and wildlife corridors. The bill requires the Department of the Interior to study the impact of climate change on California desert species migration, incorporate the study's results and recommendations into land use management plans, and consider the study's findings when making decisions granting rights of way for projects on public lands.

Tribal uses and interests. The bill requires the Secretary to ensure access for tribal cultural activities within national parks, monuments, wilderness and other areas designated within the bill. It also requires the Secretary to develop a cultural resources management plan to protect a sacred tribal trail along the Colorado River between southern Nevada and the California-Baja border.

Prohibited uses of donated and acquired lands. In order to ensure that donated and acquired Catellus lands outside the Mojave Trails National Monument are maintained for conservation, the bill prohibits their use for development, mining, off-highway vehicle use, except designated routes, grazing, military training and other surface disturbing activities. The Secretary of the Interior is authorized to make limited exceptions in cases where it is deemed in the public interest, but comparable lands would have to be purchased and donated to the federal government as mitigation for lost acreage.

All of these provisions, when taken together, would serve to complement the lasting conservation established by the California Desert Protection Act--while ensuring that other important local uses are maintained in appropriate areas.

Though I have lived in or near San Francisco for most of my life, over the years I have come to truly appreciate California's sweeping desert landscapes.

I remember my first visits to the desert years ago. It was treated like a waste dump. It was full of abandoned cars. Old appliances littered the landscape.

But we have worked very hard to clean it up.

We have worked to make sure that the vast vistas and pristine desert habitat are respected by humanity, and that we give to our children a healthier, more beautiful desert than we inherited.

But if we are to remain successful in the long run, we must not only protect the desert land itself, we must also protect the broader environment from the ravages of climate change, and we must offer economic opportunity to those who live in these areas.

That is the purpose of this legislation. There are many places in the California desert where development and employment are essential and appropriate.

But there are also places that future generations will thank us for setting aside.

I have worked painstakingly with stakeholders to ensure that this legislation balances sometimes competing needs.

This bill, if enacted, will have a positive and enduring impact on the landscape of the Southern California desert by conserving pristine areas while meeting the needs of all desert stakeholders.

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. President, today I am introducing the FISA Sunsets Extension Act of 2011 to extend the three expiring provisions of the Foreign Intelligence Surveillance Act--the authority to conduct, subject to court order, so-called ``roving wiretaps,'' ``lone wolf'' surveillance, and collection of business records. This legislation will extend these three authorities, otherwise set to expire on February 28, to December 31, 2013.

The bill will also change the expiration date of the intelligence collection authorities provided in the FISA Amendments Act of 2008 so they, too, last until the end of 2013.

I firmly believe that the United States Government needs these authorities to help prevent against future terrorist attacks against our nation and to collect vital intelligence insights into the capabilities and intentions of our adversaries. We remain a nation under threat and need to remain vigilant in our defense.

Let me briefly describe the three expiring provisions.

First, court-ordered roving authority is directed against foreign intelligence targets who attempt to thwart FISA surveillance by such actions as rapidly changing cell phones. In a September 2009 letter, the Department of Justice reported to Congress that this authority ``has proven an important intelligence-gathering tool in a small but significant subset of FISA electronic surveillance orders.''

Second, lone wolf authority allows for court-ordered collection against non-U.S. persons who engage in international terrorism but for whom an association with a specific international terrorist group has not yet been identified. In the last Congress, when the Department of Justice advised that it had not yet been necessary for the Government to use this authority, the Department stated that it could foresee circumstances in which a terrorist target had not actually contacted a terrorist group or was known to have severed his association from a terrorist group.

From the events of the last several years, we have all become aware that we may be attacked by a lone, unaffiliated terrorist--or one whose links to

terrorist groups are only clear after an individual is apprehended.

Third, the collection of business records pursuant to court orders. This provision allows the Government to require the production of ``tangible things'' in order to obtain foreign intelligence information as part of an investigation. In the September 2009 letter, the Department of Justice urged reauthorization of that authority because ``[t]he absence of such authority could force the FBI to sacrifice key intelligence opportunities.''

I cannot elaborate into the use of these authorities in this unclassified context. I can say, however, that as the Chairman of the Senate Select Committee on Intelligence and as one who reviews the intelligence on the threats we face, we remain a nation under attack. Providing the authorities to collect intelligence to identify and prevent terrorist attacks on the homeland remains necessary.

It is also important to allow Congress, in the future, to conduct a complete review of FISA provisions. By synchronizing the dates when different pieces of the law expire, Congress can consider changes to FISA at once, prior to the end of 2013.

In closing, l would like to assure all Members of the Senate and the American public that extending these sunsets does not shield them from oversight. There is a system of review and oversight in place that consists of the FISA Court, Inspectors General in the Department of Justice and in the intelligence community, regular oversight reviews by the National Security Division at the Department of Justice, a new Director of Compliance at the National Security Agency, and reporting to the Senate and House Intelligence and Judiciary Committees. As Chairman of the Senate Select Committee and as a member of the Judiciary Committee, I can assure colleagues that the Senate has placed, and will continue to place, oversight of the Government's surveillance authorities as a major priority.

I urge my colleagues to support this legislation.

Mr. President, I am pleased to introduce the Coral Reef Conservation Amendments Act, which I also introduced in the 111th Congress. This critical bill reauthorizes and strengthens the Coral Reef Conservation Act of 2000, a program that I was pleased to originally sponsor in the 106th Congress establishing the Coral Reef Conservation Program at the National Oceanic and Atmospheric Administration, NOAA.

Coral reefs are among the oldest and most economically and biologically important ecosystems in the world. They provide habitat for more than one million diverse aquatic species, a natural barrier for protection from coastal storms and erosion, and are a potential source of treatment for many of the world's diseases. From a commerce perspective, reef-supported tourism is a $30 billion industry worldwide, and the commercial value of United States fisheries from coral reefs is more than $100 million.

However, our coral reef ecosystems face many threats including pollution, climate change and coral bleaching, and overfishing to name a few. Coral reefs cover only one-tenth of one percent of the ocean floor, yet provide habitat for more than twenty-five percent of all marine species.

The original Coral Reef Conservation Act of 2000 recognized the need to preserve, sustain and restore the condition of these valuable coral reef ecosystems. The Coral Reef Conservation Amendments Act of 2011 would strengthen NOAA's ability to comprehensively address threats to coral reefs and empower the agency with tools to ensure that damage to our coral reef ecosystems is prevented or effectively mitigated. It also establishes consistent practices for maintaining data, products, and information, and promotes the widespread availability and dissemination of that environmental information.

Finally, the bill allows the Secretary to further develop partnerships with foreign governments and international organizations-- partnerships that are critical not only to the understanding of our coral reef ecosystems, but also to their protection and restoration.

Thank you and I would urge you to support this important legislation to continue supporting NOAA's leadership role in coral reef conservation.

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. President, today I rise to recognize the need for inclusion of pharmacists in the National Health Services Corps, NHSC, student loan repayment program. It is imperative that our Nation focus its efforts on increased access to affordable, high quality healthcare for our Nation's underserved communities. Today's pharmacist graduates with a professional doctorate degree. My home State of Hawaii is home to our only school of pharmacy program located at the University of Hawaii at Hilo and this year will mark the school's very first graduating class. Pharmacists are vital to our intent of increasing access to patient-centered, team-based healthcare for all individuals. They collaborate with providers across the continuum of care to improve medication-use related outcomes, provides access to prevention and wellness screening that, among others, can reduce tobacco use and increase immunization rates all of which support provider effectiveness and organizational efficiencies. The integration of the pharmacist across the continuum of care helps increase access to primary and preventive care and allows for better management of chronic disease. Pharmacists support prescribers by focusing on the management of medications preventing adverse events that lead to avoidable emergency room visits and hospital admissions. This collaborative effort among healthcare providers helps improve clinical and economic outcomes and increases patient satisfaction with their care.

The current approach of recruiting and retaining primary care practitioners may limit access to robust patient-centered, team-based care by patients in underserved communities. Today over 88 percent of pharmacy students borrow over $107,000 to help them pay for their education. The incorporation of comprehensive pharmacy services in these particular communities is a primary objective of the Health Resources and Services Administration patient-safety and clinical pharmacy services collaborative. Making pharmacists eligible to participate in NHSC loan repayment program will ensure that the reorganization of our healthcare system envisioned in legislation, federal action, and community-based models all benefit from patient- centered, team-based models of care that integrate comprehensive pharmacy services.

I urge you to consider the benefits of including pharmacists in the NHSC student loan repayment program.

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

I am pleased to introduce my Commercial Seafood Consumer Protection Act, Seafood Safety Act. The Seafood Safety Act will strengthen the partnership between the Secretary of Commerce, the Secretary of Health and Human Services, HHS, the Secretary of the Department of Homeland Security, DHS, the Federal Trade Commission, FTC, and other appropriate Federal agencies, to coordinate Federal activities for ensuring that commercially distributed seafood in the United States meets the food quality and safety requirements of Federal law. The bill provides for no new jurisdiction and does not alter any existing jurisdiction given to FDA or any other agency. The bill does not include any authorization of appropriations, but seeks only to strengthen existing partnerships and share information.

The bill remains largely unchanged since I first introduced it in the 110th Congress, but this version, like the one I introduced in the 111th, incorporates the FTC as an additional partner since they have broad existing authority for consumer and interstate commerce fraud issues.

Specifically, the bill requires the Secretaries of Commerce, HHS, DHS, and the FTC to enter into agreements as necessary to strengthen cooperation on seafood safety, seafood labeling, and seafood fraud. Those agreements must address seafood testing and inspection; data standardization for seafood names; data coordination for the exportation, transportation, sale, harvest, or trade of seafood; seafood labeling compliance assurance; and information-sharing for observed non-compliance. The bill also increases the number of laboratories certified to inspection standards of the FDA and allows the Secretary of Commerce to increase the number and capacity of NOAA laboratories responsible for seafood safety testing. It allows for an increase in the percentage of seafood import shipments tested and inspected to improve detection of violations. Finally, the bill allows the Secretary of HHS to refuse entry of seafood imports from countries with known violations, and also allows the Secretary to permit individual seafood shipments from recognized and properly certified exporters.

For the safety of the American people, I remain committed to the Seafood Safety Act and look forward to continuing to work to ensure its passage.

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. President, I am pleased to introduce the International Fisheries Stewardship and Enforcement Act, which I also introduced in the 111th. This bill would harmonize the enforcement provisions of the U.S. statutes for implementing international fisheries agreements to strengthen international fisheries enforcement.

Specifically it would grant the National Oceanic and Atmospheric Administration, NOAA, and the U.S. Coast Guard authority to implement international fisheries laws, expand their authorities in carrying out investigations and enforcement activities, and establish interference with investigations as a prohibited act. It would also amend the enforcement provisions of statutes for implementing international fisheries agreements to conform to the Magnuson-Stevens Fishery Conservation and Management Act, while increasing both civil and criminal penalties for violating international fisheries laws.

The bill also authorizes the Secretary of Commerce to maintain and make public a list of vessels engaged in illegal, unregulated, and unreported, IUU, fishing and authorize appropriate action against listed vessels, which will hopefully allow for strong strides in our fight against illegal activity.

Finally, by creating an International Cooperation and Assistance Program that will provide assistance for international capacity building efforts, training, outreach, and education, it is my hope that we are able to more-successfully combat IUU fishing and promote international marine conservation.

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

There be no objection, the text of the bill was ordered to be printed

Mr. President, foreign registered ships now carry 97 percent of the imports and exports moving in United States international trade. These foreign vessels are held to lower standards than United States registered ships, and are virtually untaxed. Their costs of operation are, therefore, lower than United States ship operating costs, which explains their 97 percent market share.

Seven years ago, in order to help level the playing field for United States-flag ships that compete in international trade, Congress enacted, under the American Jobs Creation Act of 2004, Public Law 108- 357, Subchapter R, a ``tonnage tax'' that is based on the tonnage of a vessel, rather than taxing international income at a 35 percent corporate income tax rate. However, during the House and Senate conference, language was included, which states that a United States vessel cannot use the tonnage tax on international income if that vessel also operates in United States domestic commerce for more than 30 days per year.

This 30-day limitation dramatically limits the availability of the tonnage tax for those United States ships that operate in both domestic and international trade and, accordingly, severely hinders their competitiveness in foreign commerce. It is important to recognize that ships operating in United States domestic trade already have significant cost disadvantages. Specifically, they are built in higher priced United States shipyards; do not receive Maritime Security Payments, even when operated in international trade; and are owned by United States-based American corporations. The inability of these domestic operators to use the tonnage tax for their international service is a further, unnecessary burden on their competitive position in foreign commerce.

When windows of opportunity present themselves in international trade, American tax policy and maritime policy should facilitate the participation of these American-built ships. Instead, the 30-day limit makes them ineligible to use the tonnage tax, and further handicaps American vessels when competing for international cargo. Denying the tonnage tax to coastwise qualified ships further stymies the operation of American built ships in international commerce, and further exacerbates America's 97 percent reliance on foreign ships to carry its international cargo.

These concerns were of sufficient importance that in December 2006 Congress repealed the 30-day limit on domestic trading--but only for approximately 50 ships operating in the Great Lakes. These ships primarily operate in domestic trade on the Great Lakes, but also carry cargo between the United States and Canada in international trade, Section 415 of P.L. 109-432, the Tax Relief and Health Care Act of 2006.

The identifiable universe of remaining ships other than the Great Lakes

ships that operate in domestic trade, but that may also operate temporarily in international trade, totals 13 United States flag vessels. These 13 ships normally operate in domestic trades that involve Washington, Oregon, California, Hawaii, Alaska, Florida, Mississippi, and Louisiana. In the interest of providing tax equity to the United States corporations that own and operate these 13 vessels, my bill would repeal the tonnage tax 30-day limit on domestic operations and enable these vessels to utilize the tonnage tax on their international income so they receive the same treatment as other United States flag international operations. I stress that, under my bill, these ships will continue to pay the normal 35 percent United States corporate tax rate on their domestic income.

Repeal of the tonnage tax's 30-day limit on domestic operations is a necessary step toward providing tax equity between United States flag and foreign flag vessels. I strongly urge the tax writing committees of the U.S. Congress to give this legislation their expedited consideration and approval.

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. President, the legislation I am reintroducing today will extend to qualified teaching hospital support organizations the existing debt-financed safe harbor rule. Congress enacted that rule to support the public service activities of tax-exempt schools, universities, pension funds, and consortia of such institutions. Our teaching hospitals require similar support.

As a result, for-profit hospitals are moving from older areas to affluent locations where residents can afford to pay for treatment. These private hospitals typically have no mandate for community service. In contrast, non-profit hospitals must fulfill a community service requirement. They must stretch their resources to provide increased charitable care, update their facilities, and maintain skilled staffing resulting in closures of non-profit hospitals due to this financial strain.

The problem is particularly severe for teaching hospitals. Non-profit hospitals provide nearly all the postgraduate medical education in the United States. Post-graduate medical instruction is by nature not profitable. Instruction in the treatment of mental disorders and trauma is especially costly.

Despite their financial problem, the Nation's non-profit hospitals strive to deliver a very high level of service. A study in the December 2006 issue of Archives of International Medicine had surveyed hospital's quality of care in four areas of treatment. It found that non-profit hospitals consistently outperformed for-profit hospitals. The study also found that teaching hospitals had a higher level of performance in treatment and diagnosis, and that investments in technology and staffing leads to better care. In addition, it recommended that alternative payments and sources of payments be considered to finance these improvements.

The success and financial constraints of non-profit teaching hospitals is evident in work of the Queen's Health Systems in my State. This 151-year-old organization maintains the largest, private, nonprofit hospital in Hawaii. The Queen's Health Systems serve as the primary clinical teaching facility for the University of Hawaii's medical residency program in medicine, general surgery, orthopedic surgery, pathology, psychiatry, and is a clinical teaching facility for obstetrics-gynecology. It conducts educational and training programs for nurses and allied health personnel. The Queen's Health Systems operate the only trauma unit as well as the chief behavioral health program in the State. It maintains clinics throughout Hawaii, health programs, for Native Hawaiians, and a small hospital in the rural, economically depressed island of Molokai. Furthermore, the Queen's Health Systems annually provides millions of dollars in uncompensated health services. To help pay for these community benefits, the Queen's Health Systems, as other nonprofit teaching hospitals, relies significantly on income from its endowment.

In the past, the Congress has allowed tax-exempt schools, colleges, universities, and pension funds to invest their endowment in real estate so as to better meet their financial needs. Under the tax code, these organizations can incur debt for real estate investments without triggering the tax on unrelated business activities.

If the Queen's Health Systems were part of a university, it could borrow without incurring an unrelated business income tax. Not being part of a university, however, a teaching hospital and its support organization run into the tax code's debt financing prohibition. Non- profit teaching hospitals have the same if not more pressing needs as that of universities, schools, and pension trusts. The same safe harbor rule should be extended to teaching hospitals.

My bill would allow the support organizations for qualified teaching hospitals to engage in limited borrowing to enhance their endowment income. The proposal for teaching hospitals is actually more restricted than current law for schools, universities and pension trusts. Under safeguards developed by the Joint Committee on Taxation staff, a support organization for a teaching hospital cannot buy and develop land on a commercial basis. The proposal is tied directly to the organization endowment. The staff's revenue estimates show that the provision with its general application will help a number of teaching hospitals.

The U.S. Senate has several times before acted favorably on this proposal. The Senate adopted a similar provision in H.R. 1836, the Economic Growth and Tax Relief Act of 2001. The House conferees on that bill, however, objected that the provision was unrelated to the bill's focus on individual tax relief and the conference deleted the provision from the final legislation. Subsequently, the Finance Committee included the provision in H.R. 7, the CARE Act of 2002, and in S. 476, the CARE Act of 2003, which the Senate passed. In a previous Congress' S. 6, the

Marriage, Opportunity, Relief, and Empowerment Act of 2005, which the Senate leadership introduced, also included the proposal.

As the Senate Finance Committee's hearings show, substantial health needs would go unmet if not for our charitable hospitals. It is time for the Congress to assist the Nation's teaching hospitals in their charitable, educational service.

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. President, nearly 16 years ago I stood before you to introduce a bill ``to provide an opportunity for the Pottawatomi Nation in Canada to have the merits of their claims against the United States determined by the United States Court of Federal Claims.''

That bill was introduced as Senate Resolution 223, which referred the Pottawatomi's claim to the Chief Judge of the U.S. Court of Federal Claims and required the Chief Judge to report back to the Senate and provide sufficient findings of fact and conclusions of law to enable the Congress to determine whether the claim of the Pottawatomi Nation in Canada is legal or equitable in nature, and the amount of damages, if any, which may be legally or equitably due from the United States.

Over a decade ago, the Chief Judge of the Court of Federal Claims reported back that the Pottawatomi Nation in Canada has a legitimate and credible legal claim. Thereafter, by settlement stipulation, the United States has taken the position that it would be ``fair, just and equitable'' to settle the claims of the

ottawatomi Nation in Canada for the sum of $1,830,000. This settlement amount was reached by the parties after seven years of extensive, fact-intensive litigation. Independently, the court concluded that the settlement amount is ``not a gratuity'' and that the ``settlement was predicated on a credible legal claim.'' Pottawatomi Nation in Canada, et al. v. United States, Cong. Ref. 94-1037X at 28, Ct. Fed. Cl., September 15, 2000, Report of Hearing Officer.

The bill I introduce today is to authorize the appropriation of those funds that the United States has concluded would be ``fair, just and equitable'' to satisfy this legal claim. If enacted, this bill will finally achieve a measure of justice for a tribal nation that has for far too long been denied.

For the information of our colleagues, this is the historical background that informs the underlying legal claim of the Canadian Pottawatomi.

The members of the Pottawatomi Nation in Canada are one of the descendant groups--successors-in-interest--of the historical Pottawatomi Nation and their claim originates in the latter part of the 18th century. The historical Pottawatomi Nation was aboriginal to the United States. They occupied and possessed a vast expanse in what is now the States of Ohio, Michigan, Indiana, Illinois, and Wisconsin. From 1795 to 1833, the United States annexed most of the traditional land of the Pottawatomi Nation through a series of treaties of cession--many of these cessions were made under extreme duress and the threat of military action. In exchange, the Pottawatomi were repeatedly made promises that the remainder of their lands would be secure and, in addition, that the United States would pay certain annuities to the Pottawatomi.

In 1829, the United States formally adopted a Federal the policy of removal; an effort to remove all Indian tribes from their traditional lands east of the Mississippi River to the west. As part of that effort, the government increasingly pressured the Pottawatomi to cede the remainder of their traditional lands, some five million acres in and around the city of Chicago, and remove their nation west. For years, the Pottawatomi steadfastly refused to cede the remainder of their tribal territory. Then in 1833, the United States, pressed by settlers seeking more land, sent a Treaty Commission to the Pottawatomi with orders to extract a cession of the remaining lands. The Treaty Commissioners spent 2 weeks using extraordinarily coercive tactics-- including threats of war--in an attempt to get the Pottawatomi to agree to cede their territory. Finally, those Pottawatomi who were present relented and on September 26, 1933, they ceded their remaining tribal estate through what would be known as the Treaty of Chicago. Seventy- seven members of the Pottawatomi Nation signed the Treaty of Chicago. Members of the ``Wisconsin Band'' were not present and did not assent to the cession.

In exchange for their land, the Treaty of Chicago provided that the United States would give to the Pottawatomi 5 million acres of comparable land in what is now Missouri. The Pottawatomi were familiar with the Missouri land, aware that it was similar to their homeland. However, the Senate refused to ratify that negotiated agreement and unilaterally switched the land to five million acres in Iowa. The Treaty Commissioners were sent back to acquire Pottawatomi assent to the Iowa land. All but seven of the original 77 signatories refused to accept the change even with promises that if they were dissatisfied ``justice would be done.''

Nevertheless, the Treaty of Chicago was ratified as amended by the Senate in 1834. Subsequently, the Pottawatomi sent a delegation to evaluate the land in Iowa. The delegation reported back that the land was ``not fit for snakes to live on.''

While some Pottawatomi moved westward, many of the Pottawatomi, particularly the Wisconsin Band, whose leaders never agreed to the Treaty, refused to do so. By 1836, the United States began to forcefully remove Pottawatomi who remained in the east with devastating consequences. As is true with many other American Indian tribes, the forced removal westward came at great human cost. Many of the Pottawatomi were forcefully removed

by mercenaries who were paid on a per capita basis government contract. Over one-half of the Indians removed by these means died en route. Those who reached Iowa were almost immediately removed further to inhospitable parts of Kansas against their will and without their consent.

After learning of these conditions, many of the Pottawatomi, including most of the Wisconsin Band, vigorously resisted forced removal. To avoid Federal troops and mercenaries, much of the Wisconsin Band ultimately found it necessary to flee to Canada. They were often pursued to the border by government troops, government-paid mercenaries or both. Official files of the Canadian and United States governments disclose that many Pottawatomi were forced to leave their homes without their horses or any of their possessions other than the clothes on their backs.

By the late 1830s, the government refused payment of annuities to any Pottawatomi groups that had not removed west. In the 1860s, members of the Wisconsin Band--those still in their traditional territory and those forced to flee to Canada--petitioned Congress for the payment of their treaty annuities promised under the Treaty of Chicago and all other cession treaties. By the Act of June 25, 1864, 13 Stat. 172, Congress declared that the Wisconsin Band did not forfeit their annuities by not removing and directed that the share of the Pottawatomi Indians who had refused to relocate to the west should be retained for their use in the United States Treasury. H.R. Rep. No. 470, 64th Cong., p. 5, as quoted on page 3 of memo dated October 7, 1949. Nevertheless, much of the money was never paid to the Wisconsin Band.

In 1903, the Wisconsin Band--most of whom now resided in three areas, the States of Michigan and Wisconsin and the Province of Ontario-- petitioned the Senate once again to pay them their fair portion of annuities as required by the law and treaties, Sen. Doc. No. 185, 57th Cong., 2d Sess. By the act of June 21, 1906, 34 Stat. 380, Congress directed the Secretary of the Interior to investigate claims made by the Wisconsin Band and establish a roll of the Wisconsin Band Pottawatomi that still remained in the east. In addition, Congress ordered the Secretary to determine ``the [Wisconsin Bands] proportionate shares of the annuities, trust funds, and other moneys paid to or expended for the tribe to which they belong in which the claimant Indians have not shared, [and] the amount of such monies retained in the Treasury of the United States to the credit of the clamant Indians as directed the provision of the Act of June 25, 1864.''

In order to carry out the 1906 Act, the Secretary of Interior directed Dr. W.M. Wooster to conduct an enumeration of Wisconsin Band Pottawatomi in both the United States and Canada. Dr. Wooster documented 2,007 Wisconsin Pottawatomi: 457 in Wisconsin and Michigan and 1,550 in Canada. He also concluded that the proportionate share of annuities for the Pottawatomi in Wisconsin and Michigan was $477,339 and that the proportionate share of annuities due the Pottawatomi Nation in Canada was $1,517,226. Congress thereafter enacted a series of appropriation Acts from June 30, 1913 to May 29, 1928 to satisfy most of the money owed to those Wisconsin Band Pottawatomi residing in the United States. However, the Wisconsin Band Pottawatomi who resided in Canada were never paid their share of the tribal funds.

Since that time, the Pottawatomi Nation in Canada has diligently and continuously sought to enforce their treaty rights, although until this Congressional reference, they had never been provided their day in court. In 1910, the United States and Great Britain entered into an agreement for the purpose of dealing with claims between both countries, including claims of Indian tribes within their respective jurisdictions, by creating the Pecuniary Claims Tribunal. From 1910 to 1938, the Pottawatomi Nation in Canada diligently sought to have their claim heard in this international forum. Overlooked for more pressing international matters of the period, including the intervention of World War I, the Pottawatomi then came to the U.S. Congress for redress of their claim.

In 1946, the Congress waived its sovereign immunity and established the Indian Claims Commission for the purpose of granting tribes their long-delayed day in court. The Indian Claims Commission Act, ICCA, granted the Commission jurisdiction over claims such as the type involved here. In 1948, the Wisconsin Band Pottawatomi from both sides of the border brought suit together in the Indian Claims Commission for recovery of damages. Hannahville Indian Community v. U.S., No. 28 (Ind. Cl. Comm. Filed May 4, 1948). Unfortunately, the Indian Claims Commission dismissed Pottawatomi Nation in Canada's part of the claim ruling that the Commission had no jurisdiction to consider claims of Indians living outside territorial limits of the United States. Hannahville Indian Community v. U.S., 115 Ct. Cl. 823, 1950. The claim of the Wisconsin Band residing in the United States that was filed in the Indian Claims Commission was finally decided in favor of the Wisconsin Band by the U.S. Claims Court in 1983. Hannahville Indian Community v. United States, 4 Ct. Cl. 445, 1983. The Court of Claims concluded that the Wisconsin Band was owed a member's proportionate share of unpaid annuities from 1838 through 1907 due under various treaties, including the Treaty of Chicago and entered judgment for the American Wisconsin Band Pottawatomi for any monies not paid. Still the Pottawatomi Nation in Canada was excluded because of the jurisdictional limits of the ICCA.

Undaunted, the Pottawatomi Nation in Canada came to the Senate, and after careful consideration, we finally gave them their long-awaited day in court through the Congressional reference process. The court has now reported back to us that their claim is meritorious and that the payment that this bill would make constitutes a ``fair, just and equitable'' resolution to this claim.

The Pottawatomi Nation in Canada has sought justice for over 150 years. They have done all that we asked in order to establish their claim. Now it is time for us to finally live up to the promise our government made so many years ago. It will not correct all the wrongs of the past, but it is a demonstration that this government is willing to admit when it has left an unfulfilled obligation, and that the United States is willing to do what we can to see that justice, so long delayed, is not now denied.

Finally, I would just note that the claim of the Pottawatomi Nation in Canada is supported through specific resolutions by the National Congress of American Indians, the oldest, largest and most- representative tribal organization here in the United States, the Assembly of First Nations, which includes all recognized tribal entities in Canada, and each and every of the Pottawatomi tribal groups that remain in the United States today.

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. President, I rise to introduce a bill that would establish a Native American Economic Advisory Council. This Council's primary duties would be to consult, coordinate, and make recommendations to Federal agencies for the purpose of improving the substandard economic conditions that exist in our Native communities.

Currently, there is no Council, and despite the Federal Government's ``trust'' relationship with Native American tribes, Native Americans themselves continue to rank lowest in quality of life standings. As a nation we need to preserve our Native communities as they are rich with cultural significance and living history.

Native communities are considered ``emerging economies'' that have stalled because of the current economic situation. This bill is an attempt to keep these communities moving by educating, empowering, and encouraging our future Native American leaders to create sustainable economic growth programs in their own communities.

In Hawaii, the cost of living ranges from 30 percent to 60 percent higher than the national average. We have to start planning for economic stability in the future and this bill provides an opportunity to do so. I look forward to working with my colleagues on reinvesting in our Nation's future.

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. President, I rise to introduce a bill that would provide authority for the establishment of branch banking facilities on Indian reservations so that the Federally-chartered Native American Bank could enable access to financial services to Indian tribes and their citizens.

Many years ago, as part of my service as Chairman of the Senate Indian Affairs Committee, I met with tribal leaders to discuss the challenges of economic development in Indian country. At that time, I suggested that they might give consideration to a means by which tribal governments could pool their resources and thereby provide the capital that other tribal governments could employ on a short-term loan basis to undertake reservation-based projects that held the potential of stimulating economic growth in their tribal communities.

The tribal leaders with whom I met were very interested in this idea, and in the ensuing years, went forward and established the Native American Bank--which is headquartered in Denver--but continues to manage its first affiliated bank on the Blackfeet Indian Reservation in Montana.

As my colleagues know, there are few financial institutions located either on or near Indian reservations, and sadly, there is evidence that some financial institutions have found it apparently necessary to either charge very high rates that they associate with the risk of doing business in Indian country, or to deny financial assistance altogether.

The Native American Bank has stepped into that latter void and has been providing meaningful financial services to tribal governments and their citizens for a number of years.

This bill contains amendments to the McFadden Act that have been carefully sculpted to address only this narrow expansion of capacity on the part of financial institutions serving Indian country.

Mr. President I ask unanimous consent that the text of the bill be printed in the Record.

Mr. President, I am reintroducing legislation today that would direct the Secretary of the Army to determine whether certain nationals of the Philippine Islands performed military service on behalf of the United States during World War II.

Our Filipino veterans fought side by side with Americans and sacrificed their lives on behalf of the United States. This legislation would confirm the validity of their claims and further allow qualified individuals the opportunity to apply for military and veterans benefits that, I believe, they are entitled to. As this population becomes older, it is important for our Nation to extend its firm commitment to the Filipino veterans and their families who participated in making us the great Nation that we are today.

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. President, I rise today in support of the Commission on Wartime Relocation and Internment of Latin Americans of Japanese Descent Act.

The story of U.S. citizens taken from their homes on the west coast and confined in camps is a story that was made known after a fact- finding study by a Commission that Congress authorized in 1980. That study was followed by a formal apology by President Reagan and a bill for reparations. Far less known, and indeed, I myself did not initially know, is the story of Latin Americans of Japanese descent taken from their homes in Latin America, stripped of their passports, brought to the U.S., and interned in American camps.

This is a story about the U.S. government's act of reaching its arm across international borders, into a community that did not pose an immediate threat to our Nation, in order to use them, devoid of passports or any other proof of citizenship, for exchange with Americans with Japan. Between the years 1941 and 1945, our Government, with the help of Latin American officials, arbitrarily arrested persons of Japanese descent from streets, homes, and workplaces. Approximately 2,300 undocumented persons were brought to camp sites in the U.S., where they were held under armed watch, and then held in reserve for prisoner exchange. Those used in an exchange were sent to Japan, a foreign country that many had never set foot on since their ancestors' immigration to Latin America.

Despite their involuntary arrival, Latin American internees of Japanese descent were considered by the Immigration and Naturalization Service as illegal entrants. By the end of the war, some Japanese Latin Americans had been sent to Japan. Those who were not used in a prisoner exchange were cast out into a new and English-speaking country, and subject to deportation proceedings. Some returned to Latin America. Others remained in the U.S., because their country of origin in Latin America refused their re-entry, because they were unable to present a passport.

When I first learned of the wartime experiences of Japanese Latin Americans, it seemed unbelievable, but indeed, it happened. It is a part of our national history, and it is a part of the living histories of the many families whose lives are forever tied to internment camps in our country.

The outline of this story was sketched out in a book published by the Commission on Wartime Relocation and Internment of Civilians formed in 1980. This Commission had set out to learn about Japanese Americans. Towards the close of their investigations, the Commissioners stumbled upon this extraordinary effort by the U.S. Government to relocate, intern, and deport Japanese persons formerly living in Latin America. Because this finding surfaced late in its study, the Commission was unable to fully uncover the facts, but found them significant enough to include in its published study, urging a deeper investigation.

I rise today to introduce the Commission on Wartime Relocation and Internment of Latin Americans of Japanese Descent Act, which would establish a fact-finding Commission to extend the study of the 1980 Commission. This Commission's task would be to determine facts surrounding the U.S. government's actions in regards to Japanese Latin Americans subject to a program of relocation, internment, and deportation. I believe that examining this extraordinary program would give finality to, and complete the account of Federal actions to detain and intern civilians of Japanese ancestry.

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. President, I rise to introduce a bill to reauthorize Title VIII of the Native American Housing Assistance and Self- Determination Act. Title VIII provides authority for the appropriation of funds for the construction of low-income housing for Native Hawaiians and further provides authority for access to loan guarantees associated with the construction of housing to serve Native Hawaiians.

Three studies have documented the acute housing needs of Native Hawaiians--which include the highest rates of overcrowding and homelessness in the State of Hawaii. Those same studies indicate that inadequate housing rates for Native Hawaiians are amongst the highest in the Nation.

The reauthorization of Title VIII will support the continuation of efforts to assure that the native people of Hawaii may one day have access to housing opportunities that are comparable to those now enjoyed by other Americans.

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. President, today I am reintroducing a bill which is of great importance to a group of patriotic Americans. This legislation is designed to end space-available travel privileges on military aircraft to those who have been totally disabled in the service of our country.

Currently, retired members of the Armed Services are permitted to travel on a space-available basis on non-scheduled military flights within the continental United States, and on scheduled overseas flights operated by the Military Airlift Command. My bill would provide the same benefits for veterans with 100 percent service-connected disabilities.

We owe these heroic men and women who have given so much to our country a debt of gratitude. Of course, we can never repay them for the sacrifices they have made on behalf of our Nation, but we can surely try to make their lives more pleasant and fulfilling. One way in which we can help is to extend military travel privileges to these distinguished American veterans. I have received numerous letters from all over the country attesting to the importance attached to this issue by veterans. Therefore, I ask that my colleagues show their concern and join me in saying ``thank you'' by supporting this legislation.

Mr. President, I ask unanimous consent that the text of my bill be printed in the Record.

Mr. President, today I am reintroducing legislation to enable those former prisoners of war who have been separated honorably from their respective services and who have been rated as having a 30 percent service-connected disability to have the use of both the military commissary and post exchange privileges. While I realize it is impossible to adequately compensate one who has endured long periods of incarceration at the hands of our Nation's enemies, I do feel this gesture is both meaningful and important to those concerned because it serves as a reminder that our nation has not forgotten their sacrifices.

Mr. President, I ask unanimous consent that the text of my bill be printed in the Record.

Mr. President, in our effort to accommodate many Americans by making Memorial Day the last Monday in May, we have lost sight of the significance of this day to our nation. My bill would restore Memorial Day to May 30 and authorize our flag to fly at half mast on that day. In addition, this legislation would authorize the President to issue a proclamation designating Memorial Day and Veterans Day as days for prayer and ceremonies. This legislation would help restore the recognition our veterans deserve for the sacrifices they have made on behalf of our Nation.

Mr. President, I ask unanimous consent that the text of my bill be printed in the Record.

Mr. Speaker, today in the State of Ohio, the State of Wisconsin and the State of Indiana there are epic struggles underway where those who serve the public, who teach

our children, who police our streets, who fight the fires and who perform a myriad of services at a State, county and municipal level, are under attack. Their wages are under attack and their benefits, pensions and working conditions are under attack. And these public workers are being made the scapegoats in all of the budget challenges which States face. They are now blaming the workers.

Our whole economy has been turned into a somewhat efficient engine that takes the wealth of the American people and accelerates the wealth to the top. That, after all, is what our tax system is about. That's what Wall Street is about. That's what banking is about. That's what our energy policy is about, taking the wealth of millions and giving it to a few oil companies. If you examine every area of our economy, you'll see that we're at a time in the history of America where the rich truly are getting richer, the poor are getting poorer, and the middle class is getting destroyed.

Enter public workers, people who have dedicated their lives to public service, people who are truly public servants in the truest sense of the word, people who were told that if they agreed to public service that they would have certain guarantees. And so they dedicated their lives.

Ohio has a new Governor, a person who I served with in this House, and from the moment he has come into office, he and his supporters, have run an agenda that is aimed at vitiating the rights of public workers. This resulted yesterday in the passage by a single vote in the Ohio Senate of S.B. 5, a bill that will strip collective bargaining rights just about across the board from public workers, that would take away public employees' right to strike, that would make the penalty for a strike removal with replacement workers that will open the door to privatization of services.

Now, my read of what is going on in Ohio, which is my home State, is this: That by attempting to crush public workers, by telling them you will not have any ability to negotiate your benefits, you will not have any ability to negotiate your working conditions, your health benefits, your pension, these provisions are not subject to discussion; the number of people working with you at any time, not subject to discussion. What has happened is that we have seen accomplished an economic attack on workers which will lead to them working for less, but opening the door to privatization schemes which, Mr. Speaker, works like this: You make public workers the issue. You say that they are paid too much when I have here a matter for the record from the Economic Policy Institute which says that Ohio public sector workers are undercompensated compared to private sector counterparts. But facts, unfortunately, mean little in this debate.

But you tell the public that these public workers are overpaid. And this new law, Senate Bill 5, would enable the State of Ohio to do this, you then say we are going to privatize this section of the workforce. We are going to put the work out for bids. We are going to get a private company in here to do it. And oh, we promise it will be done more efficiently.

While the taxpayers then go to sleep, they wake up one day and they discover that what has happened is that they have permitted a privatization of their services and they end up inevitably paying more and getting less. The corporations walk away with the profits; the privatized workers get paid less in order to enable the corporations to make more money.

So ultimately what Senate Bill 5 in Ohio will do is end up costing the State government even more. There is not going to be any savings when you set the stage for a weakening of workers, when you set the stage for making it illegal for them to strike and then knocking them out with replacement workers and then setting things on a path to privatization. That is what this bill is about.

You look in Wisconsin, and I believe it was Paul Krugman and others who pointed out that in Wisconsin, there was a provision in the Wisconsin budget from the Governor of Wisconsin's bill, it says sale or contractual operation of State-owned heating, cooling, and power plants, saying that the department may sell any State-owned heating, cooling, and power plant, or may contract with a private entity in the operation of any such plant, with or without solicitation of bids.

So you can have a private contractor just give it away without any bids at all. They are power plants that serve facilities in the State of Wisconsin. These are the kinds of thing that we can expect in Ohio, except in this case we are talking about the privatization of public services. Now, the privatization of public services in a way is well established already, unfortunately.

The AFL-CIO Public Employee Department produced a paper which talks about when you get into privatization, the public ends up having really little accountability on the question of public funds. They point out that private business has no business allocating public funds or monitoring the use of public funds. It is a question of fiscal accountability.

Look, we know when there are massive amounts of money available that goes from the public sector to the private sector, let's take Iraq or Afghanistan with respect to contracts, billions of dollars disappear, get wasted. It ends up being a racket. Reduce it to a State level, and you have the potential for fraud. You have the weakening of the community's ability to assert collective interests. And as I said, the resulting savings that taxpayers are being told will occur are actually directed to the corporations so they get higher profits. Privatization is inevitably a racket.

As a Member of Congress in my home district in Cleveland, the Defense Finance Administration wanted to privatize a number of accounting jobs in Cleveland. Mr. Speaker, I had a 7-year battle with the Defense Finance Administration where we proved that the taxpayers were getting taken for a ride in this privatization plan that was being promoted by our government to the tune of tens of millions of dollars. We reversed the privatization. Privatization is at the core of this battle in Ohio because the assets of the State are worth countless billions of dollars.

You can take a workforce that is over 300,000, about 350,000 public workers in Ohio, that would be affected by S.B. 5. There is not a service that can't be privatized, but then the public doesn't have any control over it. They can't call up their elected official and complain about a service that is privatized. They have to call up the corporation. And they end up paying more in taxes. People need to understand that. States have budget difficulties they have to deal with. I've got that. I understand that. States need a revenue-sharing plan from the Federal Government, but the Federal Government doesn't have the money right now. Why doesn't the Federal Government have the money? Well, how about the fact that the Federal Government is spending trillions of dollars on wars, one of which is based on lies, the other one based on a misreading of history.

Joseph Stiglitz, a Nobel Prize winning economist, in his book with Linda Bilmes, it's called ``The Three Trillion Dollar War,'' has stated that the cost of the work in Iraq will run between 3 and $5 trillion, just to U.S. taxpayers; the cost of the war in Afghanistan is already over half a trillion dollars. The long-term cost of that, since we are still in a period of acceleration of that war, will certainly go into the trillions of dollars.

We saw a couple of years ago Wall Street come to this Capitol. Suddenly, the waves parted: $700 billion in loans when Wall Street was flagging. That could have been anticipated that Wall Street would create incredible speculation when Glass-Steagall was effectively repealed when they took down the wall that separated commercial from investment banking. Those who were the cops on the beat kind of walked away while this bubble was building on mortgage-backed securities, hedge funds, speculating, inflating the bubble, it burst, and all Americans got hurt. But all Americans didn't get made whole. Most Americans have experienced a 30 percent drop in the value of their mortgages while Wall Street is enjoying record profits once again, while Wall Street, once again, is experiencing high salaries and high bonuses.

Not on Main Street, though. On Main Street, they have 15 million unemployed, 12 million underemployed, 50

million people without health insurance, and 10-12 million people whose homes are or have been in jeopardy.

So then you go back to the State level where States are pressed, but States are pressed in part because of the mismanagement of the national economy and because we have a monetary policy that has worked for Wall Street but it certainly hasn't worked for Main Street. So by the time this debate gets down to a State level, those executives who are more inclined towards a corporate point of view are saying, look, easy, we'll just knock out the public unions.

But there are serious implications to this type of thinking, because what we are actually doing is setting aside an entire struggle that has been part of America's history that we should all be proud of. The civil rights movement is part of America's history we should be proud of: the civil rights movement which resulted in constitutional changes; which recognized the rights of all citizens as being equal, truly equal; the civil rights movement which accorded women an equal place in our society, of course with the exception of pay; but nevertheless, the potential for an equal role in our society is something we should be proud of.

With that civil rights movement, the labor movement moved the pace, and that labor movement was about lifting everyone up, not just those who were members of unions. Unions came about because workers were being crushed; they were working in awful working conditions; they were subjected to forms of slave labor; they were working long hours and were paid very little; they were working under conditions that put their lives in jeopardy. America had a tradition of child labor at one time. All that changed with the laws that were passed in this Chamber.

We should be proud of what America has been able to accomplish in lifting up the status of working people in our society so that you could have an 8-hour day, so that you could have a safe workplace--so much so that today we understand that intimately linked to the very nature of our democracy is the right to collective bargaining, which is the very right that is under attack in Ohio and Wisconsin and Indiana and other States across this Union.

The right to collective bargaining is being able to assert a First Amendment right of association. It is being able to assert that workers have a sense of agency and to know, in a society where capital can be amassed in tremendous sums, that one individual has the right to be able to assert his or her rights because they have representation, because there is a law that says they have the ability to be able to have an influence on how much they are paid and on what their benefits and their working conditions will be.

That's the essence of what it means to be a democracy: that workers have a say and that it's not top-down.

This isn't a dictatorship. Yet S.B. 5 sets the stage for a kind of dictatorship, top-down. These are your working conditions. Take it or leave it. These are your benefits. Take it or leave it. Don't ask any questions. Shut up and go to work.

When did America buy into that? The minute we buy into that kind of mentality, how does that separate us from what's happening in China? I want people to focus on this for a minute. We passed a trade agreement with China, China Trade, which I voted against, which had no provisions for workers' rights, human rights or environmental quality principles.

A month ago, I had some paper workers in my office from Washington State, and they showed me how many jobs in their industry have moved out of Washington and how many plants for their industry have opened up in China. It's amazing to look at a map and see, well, they were here once, and now these same jobs are in China.

In China, workers don't have any rights. There is no right to collective bargaining in China. That's not part of the discussion. The government of China is run under a different philosophy. Workers don't have a right to strike in China. There's no right to decent wages or benefits. Oh, yes. It's called Communist China. Excuse me.

As part of a democracy, we assert--and have a right to assert--that workers here do have a right to collective bargaining, that they do have a right to join a union, that they do have a right to strike, that they do have a right to decent wages and benefits, that they do have a right to a secure retirement, that they do have a right to a safe workplace, that they do have a right to be able to challenge legally an employer who maintains an unsafe workplace. They have the right to participate in the political process.

So many of these rights are under attack at the State level today, and this has an effect not just on public workers but on all workers, because if America begins to take down the hard-earned rights of workers, whether it's in the public sector or the private sector, and if we try to justify it, here is what we can look forward to:

We can look forward to lower wages; we can look forward to people having zero health benefits; we can look forward to people having zero pensions; we can look forward to workplaces becoming less safe; and we can look forward to becoming a little bit like our trading partner in China, which, by the way, has about a $200 billion trade advantage with the United States out of a trade deficit that is in excess of $450 billion.

So are we exporting our democracy? Are we importing values that are estranged from a democratic society? That's really the question that we have to ask ourselves if we think that what happens in Wisconsin doesn't relate to us or if we think that what happens in Ohio is none of our business.

Mr. Speaker, I went to Columbus, Ohio, and stood with thousands of workers. I stood with firemen and policemen and teachers. I stood with people who care for children and seniors. These people are people who have dedicated their whole lives to public service. They have a middle class standard of living because they have that dedication. They are people who are not our enemies. They are our friends. They are our neighbors--and they serve us.

Since when are we now faced with looking at those who serve us as being opposed to us? How did our country get that way? Why can't we come to an understanding? We have a collective interest here. Why can't our Governors tell the truth about what's really happening?--which is that States are getting strangled because of policies at a Federal level that are making it much more difficult for States to be able to get any assistance at all.

I have not run into any single labor leader who said that they did not want to negotiate the issues that are at hand. I've not run into any labor leader who didn't understand that State budgets are tight and that they want to make sure that States can meet the needs of all the people. But this top-down approach, this political approach to dictating what the conditions are and what the rights are for State workers, sets the stage for an estrangement of people from their own government.

So we have to look at the issue of collective bargaining. In the State of Ohio, we have to understand that the fact that they have collective bargaining makes strikes less likely. This law was passed in 1983 in Ohio, and collective bargaining actually provides for the public's health, safety and welfare. This bill, Senate Bill 5, is aimed at eliminating collective bargaining. It would not only prohibit the State from being involved at this point in collective bargaining for the purpose of benefits and working conditions, but it would also prohibit counties, cities, and other local government employers from continuing to negotiate employee benefit plan coverage and also to set community-based standards for public employment.

What of home rule? I mean, at a State level, cities that are home rule should be able to make these decisions. This flies in the face of a constitutional right which cities have for home rule.

Senate bill 5 is really an attack on quality public service. It represents a destructive undermining of the compact between government and their workers. It changes the whole relationship. And it cannot do anything--cannot do a thing to improve the quality of service.

Look at some of the biggest industrial corporations in America. They had their battles with labor, but they

also understood that by having a workforce they could work with--the steelworkers work with the steel industry to produce a quality steel product, the autoworkers work with the auto industry to produce a quality car. In aerospace, we have some of the best technology in the world, and the industry works with unions.

The whole idea about being able to negotiate for your wages, to be able to negotiate for your benefits is so that you can elevate the condition of your family and yourself. These aren't selfish people; they're people just trying to make a living. They just want to continue to do their work, to have an opportunity to negotiate their pay, to be able to negotiate their benefits--to have benefits--so that then they can go home and put food on the table and maybe be able to send their children to a decent college and maybe be able to put a few dollars aside, maybe be able to save a little bit for their retirement in addition to a pension plan that they have at work. When has that become asking for too much?

I think it was Rachel Maddow the other day had something that was a joke on her show where she talked about--I'll paraphrase it: people sit down at a table and you've got a CEO sitting at a table and you've got workers and a tea party member sitting at a table and there's 12 cookies on a plate. The CEO grabs 11 of those cookies and then the worker goes to get that remaining cookie and the CEO says to everybody at the table, Better watch that person, he's trying to take your cookie. This is what's going on in State after State.

And this is actually what's happening in our economy, where it's working people who are the target of this attack. And it's not only at a State level. Every worker in America understands the downward pressure on wages unless you're on Wall Street. Every worker in America knows that if they don't have job security they can't plan for anything.

There are so many people in America who are a single paycheck away from losing their home, from losing everything they ever worked a lifetime for. And in this economy, where corporations have extraordinary power, where because of our trade agreements they can move out of this country like that, we're going to further weaken the ability of workers to have a voice at a State level, or anyplace at all? Come on, America, wake up.

We have to understand the implications of what's happening in Ohio and Wisconsin. We have to understand that our very way of life is at risk here, that if corporations can use their influence to get State leaders to knock down workers' rights, it won't be long before every worker in America is reduced to a form of peonage.

People can laugh and say, well, that can't happen. Well, you know what? I want to quote to you from a book by Robert Scheer called ``The Great American Stickup.'' And the subtitle of it, so that you know that I'm not partisan here, Mr. Speaker, the subtitle of it is, ``How Reagan Republicans and Clinton Democrats enriched Wall Street while mugging Main Street.'' I won't get into that too much, but I do want to quote from Mr. Scheer's book.

He talks about how two University of California economists, Emmanuel Saez and his colleague, Thomas Piketty, they analyzed U.S. tax data and other supporting statistics, and they concluded that the boom of the Clinton years and afterwards primarily benefited the wealthiest Americans.

During Clinton's tenure, from 1993 to 2000, the income of the top 1 percent shot up at an astounding rate of 10.1 percent per year while the income of the other 99 percent of Americans increased only 2.4 percent annually. In 2002 to 2006, the next surge of the boom that Clinton's policies unleashed, the numbers were even more unbalanced. The average annual income for the bottom 99 percent increased by only 1 percent per annum while the top 1 percent saw a gain of 11 percent each year. Further, just as the good times of the Bush years saw almost $3 out of every $4 in increased income go to the wealthiest 1 percent, the GOP cut taxes for the richest brackets.

So as I said at the beginning, the whole economy is being converted to an engine that takes the wealth of America and puts it in the hands of a few. How can you maintain a democracy that way? An economic democracy is a precondition of a political democracy.

The minute we start attacking what people make, the minute we start putting pressure on people's wages--and keep in mind, it's okay with Wall Street to have 15 million Americans out of work. Why? Because that creates a big labor supply, which does what? Keeps wages down. So instead of having a full-employment economy--which really ought to be what we should expect in a democracy, that everyone who wants to work has a place--we have 15 million workers out of work, 12 million underemployed, but Wall Street keeps making more and more money.

We're being told there's a recovery, but it's a jobless recovery. And so in this morass we see an attack on public workers. You have to recognize exactly what's going on here. This is still another attempt to grab more assets from the people and put it into the hands of a few. Just think what can happen in Ohio if the State legislature goes ahead and passes S.B. 5. If the State house passes it, the Governor signs it into law, we will just set the stage for massive privatization which will reduce service, increase its cost, and put money into the hands of private corporations; more wealth going to the top, less ability for workers to defend their interests. And these are people working for us. State workers, city, county workers, they're the government. They are the ones who provide service.

I served at a local level, Mr. Speaker. I was a councilman. I served as a mayor. I served at that local government where government is really close to people. It provides an opportunity where people can get on the phone and say, hey, Mr. Councilman, we need somebody who's going to fix this street. Take care of it. Well, there's political accountability. You get enough calls, it's not taken care of, you won't be reelected.

But that control that comes from people in the neighborhoods to city hall, when you break unions and you set the stage for privatization of their jobs, you break that, you break the tie.

Then it's the government at the top that has to do with the corporations to make sure their workers are doing right by the people.

The essence of democracy is accountability. The essence of democracy is that people have the ability to be able to contact their government and be able to change conditions if they don't like it. And also the essence is service. People pay taxes, they should get something in return.

And yet the public workers who are being attacked in Ohio and Wisconsin and other places are the focal point of a great debate over whether or not we will continue to have something that we call government of the people.

All across this country, Mr. Speaker, there are Governors who are facing budget shortfalls, and they're watching events very carefully in Ohio and Wisconsin to be able to determine how far they're going to go. We're looking at cutbacks in pension benefits, cutbacks in health benefits--some of which the representatives of the workers are actually agreeing on in order to keep the jobs.

But we're also looking at this parallel attempt to knock out bargaining rights. What does one have to do with the other? If people don't have the right to collective bargaining, they don't have a right to a sense of agency in dealing with governments, they're just reduced to nothing.

Why do we do that to people who serve us? Why should we do that? And why shouldn't we be calling into accounting those public officials who, by and large, will be representing corporate interests or corporate thinking?

There are those who think that the interests of corporations and the government are one in the same. Oh no they're not. Government exists to provide service. Corporations exist to make a profit. Fine. But let's make sure we understand there's a difference.

Government does not exist to make a profit, but it does provide a service. And when government's resources are starting to be eroded, we have to ask why. I'll give you an idea, Mr. Speaker.

We're being told that there's just not enough money anymore. Let's look for

a moment at our monetary system itself.

When you go to a bank and you take out a loan, the bank will book that as an asset. Banks for years and years have been using a device known as a fractional reserve where they're able to create for every dollar they book as cash that they claim to have. They're able to create another $9 or even $10, maybe more. And that device, known as a fractional reserve, has given our banking system essentially the money to create--the ability to create money out of nothing.

Now, there's some people who are okay with that. They say, well, banks have to have this ability; but when banks have that ability, we also know that banks have been prone to being able to make transactions when they got involved, as a bank in Cleveland did on mortgage-backed securities and they began investing heavily, actually investing money they didn't have. When the market collapsed, the bank collapsed.

So this device of fractional reserve actually in this economy has ended up helping to fuel speculation.

And what about the Fed? The Fed, which this Congress has tried many times--and I've worked with Mr. Paul on this--the Fed has virtually no controls whatsoever, limited accountability. When the Federal Reserve Act was passed in 1913, it really took out of the hands of this Congress the ability to have control over the monetary system.

Now, this Constitution of the United States, which I carry with me, article I, section 8, Congress has the ability to coin money. Now, to coin money doesn't mean just to make coins. It actually means to create money, to publish money.

That was a foundational principle of the ability of Congress to have a role in the money system. We basically sent that over to the Fed with the 1913 Federal Reserve Act. So the Fed, through another device known as quantitative easing--I want everyone to remember this--quantitative easing. What does it mean? It means the Fed has the ability to create money out of nothing to the tune of trillions of dollars--$4 trillion in this most recent economic crisis.

Now, we're told that unless the Fed can do this, our economy would collapse. I think it's time we started to look at these institutions which we've created and ask if this isn't the time for us to take control on behalf of the American people to critically analyze the fractional-reserve system and see if it has any more viability, if it doesn't really expose us to more problems than it ends up creating.

I personally think that it's time to challenge the fractional-reserve system to the point of where you let banks loan the money that they actually have on deposit instead of creating money out of nothing, and then if the bank goes down, we have to bail them out.

I think it's time for us to take the Fed, which has been out of our reach, and put it under the control of Treasury again. And then if the government needs to invest money, and we do, then we invest the money, then we spend it into circulation. We're told right now we don't have any money. We don't have any money to fix our roads. There's over $2 trillion of infrastructure needs. States don't have any money. That's what we're told. That's why we're told they're having these conflicts with the workers; they're out of money. We don't have any money to fix up our roads.

Well, FDR figured out what to do in the New Deal. You just create a WPA. You put millions of people back to work; you rebuild America. We're apparently not going to go in that direction. But why not? We're told we don't have the money. What, we have to borrow it from banks? Who's holding our securities?

If we can borrow money from Japan and from China and from the UK, and from the Cayman Islands to manage our economy, well, if we can borrow money to keep wars going, hello, why can't we spend the money into circulation, take back the power--which inherently is in the Constitution--and invest in the creation of jobs again and put those 15 million Americans back to work? Create a revenue sharing program for the States so States aren't faltering any more. Have a national health care system so you don't have to worry about health care being on the bargaining table. Absolutely make Social Security solid so there's never a question about a partial privatization--which is another agenda some people would like to run here.

It's not like we don't have within our grasp an ability to change the conditions in which we're operating.

But, instead, we have this poverty mentality which rivets us to control by corporate interests who are making money hand over fist, who we're being told all of America's poor except Wall Street. Huh? How did that happen? With our money nonetheless? How did that happen?

Why isn't unemployment a problem on Wall Street? Think about this. Why is Wall Street doing better than ever? Why do we hear these dark tales about speculations happening again? Are we getting ready for another pump-and-dump scheme where we'll be back here in a few years having to bail out Wall Street again?

Meanwhile, Main Street's infrastructure crumbles; Main Street's workers are hungry for work; Main Street's wages are getting depressed; Main Street's struggling for health care; Main Street's worried about its pension; Main Street's worried about whether they're going to have a home or not.

What's happening in Ohio and Wisconsin is relevant because every single economic issue that is facing this Nation today is part of that debate.

Why should we accept an economy where people are told they have limited expectations? This is America. We have shown the world the ability to create untold wealth. But if we keep shipping it offshore . . .

Why shouldn't people who have an education, who have strived to achieve a middle class standard of living, why shouldn't they expect that their government will stand next to them? It's time for people to understand that we need to take a strong stand in favor of the rights of workers.

Now, how do we do that? Let's look at our trade agreements, Mr. Speaker. Every trade agreement needs to be renegotiated. We need to renegotiate NAFTA, and the General Agreement on Tariff and Trade, and China trade, and we need to say that every single trade agreement has the right to collective bargaining. We're going in the wrong direction in the States. Every agreement we have should have the right to collective bargaining, the right to join a union, the right to strike, the right to decent wages and benefits, the right to a safe workplace, the right to be able to sue an employer if they maintain an unsafe workplace, the right to a secure retirement, the right to participate in the political process.

If we had those in our trade agreements, if in our trade agreements we had prohibitions on child labor, slave labor, prison labor, if in our trade agreements we had the protection of the air and the water, then these corporations wouldn't be running to China or anywhere in the world in order to have the people of that country subsidize their profits through dirty air, dirty water, low wages, slave labor, child labor. Think about it. That's why we need to go back to the trade agreements.

We need to elevate the condition of workers in our society. We need to think in terms of raising people's standard of living. We need to think in terms of helping people save their homes. We need to think in terms of more competition in our economy. We need to think in terms of how do you create wealth in our society, not just how do you create debt. Because right now, Mr. Speaker, our whole economic system is money equals debt. And as long as we're locked into that mentality of money equals debt, then all we're going to have is debt no matter where we look. And our ballooning debt keeps getting larger and larger, and we're told, well, we have to pay off that debt before we can deal with our problems. Baloney. We don't have to do that.

What we have to do is to start looking at what can be done to prime the pump of our economy, to get America back to work. We have the resources. And if we have to change the way that we handle our money system, we should do that. The Fed has not been responsive. The private sector isn't creating jobs. They're getting rid of jobs.

If the private sector created jobs, then right after we gave hundreds of billions of dollars to Wall Street we should have seen millions of people go back to work. That did not happen. We are in at least a double-dip recession. We have Americans struggling to survive, and they could read the daily reports about how great Wall Street is doing.

Let's go back to Ohio and support those workers. Let's support those who teach our children, who police our streets, who put out the fires, who serve our elderly, who take care of our children, the people who perform the services at the myriad of State offices and at county and city offices. Let's respect and honor those who are in public service, as we ourselves would want to be honored for taking the path that we chose in our careers. The people who chose the civil service, the people who chose to do that day-to-day work of being involved in a community, they are no less important than we are as individuals. We're part of the same tissue that makes up a democracy.

And so I want to appeal to my colleagues to look at this moment in history, to understand the deep threat which the breaking of collective bargaining represents to our democracy, to understand how urgent it is that we support workers everywhere, that we express our appreciation to them, that we understand that in this House there are many different points of view.

We have different points of view about the amount of power we would like concentrated into fewer and fewer hands. But we should have no difference of opinion, there should be total solidarity on protecting those who serve the public and on protecting workers whose basic rights are cardinal principles of a democratic society.

Mr. Speaker, I yield back the balance of my time.

Mr. Chairman, I rise today to introduce the Preserve Access to Affordable Generics Act. This bipartisan legislation will dramatically reduce prescription drug costs by preventing one of the most egregious, anti-consumer tactics ever devised to keep generic drugs off the market.

This amendment would combat ``pay-for-delay'' agreements between brand name and generic drug companies which delay entry of low-cost generic competition. These pay-for-delay agreements are estimated by the FTC to cost consumers $3.5 billion each year, and are estimated by the CBO estimates to cost the federal government more than $2.8 billion over the next decade in higher drug reimbursement payments.

In 2008, $235 billion were spent on prescription drugs in the United States. Generic drugs play a crucial role in containing rising prescription drug costs, by offering consumers therapeutically identical alternatives to brand-name drugs, at a significantly reduced cost. Studies have shown that generic competition to brand name drugs can reduce drug prices by as much as 80 percent. However, in recent years generic entry has frequently been blocked by anti-competitive, anti-consumer agreements between brand-name and generic drug manufacturers that limit, delay, or otherwise prevent competition from generic drugs.

In pay-for-delay agreements, a brand-name drug manufacturer settles patent litigation by paying off a generic competitor with large amounts of cash, or other valuable consideration to stay off the market until expiration--or a time close to expiration--of the brand-name patent. For example, in 2006, the CEO of Cephalon, which makes the sleep disorder pill Provigil, praised the deals his company made with four generic drug-makers to keep generic versions of Provigil off the market until 2012. ``We were able to get six more years of patent protection,'' he said. ``That's $4 billion in sales that no one expected.'' Unfortunately, that $4 billion came from the pockets of American consumers.

At their core, pay-for-delay agreements permit brand-name drug companies to pay off competitors not to compete. The brand name drug company wins because it reaps the profits from eliminating competition. The generic drug company wins because they get paid millions of dollars to do nothing more than drop their patent challenge. But consumers and the American taxpayer loses, to the tune of billions of dollars in higher drug costs every year.

Agreements between competitors, like these, are the most nefarious type of antitrust violation. Unfortunately, when the FTC has challenged ``pay-for-delay'' agreements, courts have favored big industry interests over consumers. Courts have wrongly concluded that this type of basic antitrust violation is immune from antitrust law because it involves the settlement of a patent challenge. In other words, it is permissible for competitors to collude to when it involves a patented drug and in order to keep lower cost drugs out of consumers' medicine cabinets. These misguided court rulings are what make passage of our legislation so vital.

For years, we have seen the use of anticompetitive agreements increase. From 2000 to 2004, there were twenty settlements of drug patent litigation, but we saw no pay-for-delay agreements because drug companies assumed they violated antitrust law. But, these settlements became all too prevalent following three courts of appeals decisions in 2005 which effectively found them to be per se legal and prevented the FTC from taking action on behalf of consumers against these settlements.

In the 2 years following these 2005 court decisions, 28 out of 61 patent settlements had provisions in which the brand name drug company made payments to the generic manufacturer in exchange for the generic manufacturer agreeing to delay entry of generic competition. Clearly, pay-for-delay agreements are not necessary to settle a case because during that same time, 33 cases settled without delaying entry to consumers in exchange for a payment.

Last fall, the FTC released a report which found a record 19 pay-for- delay settlements in fiscal year 2009, the highest ever recorded in a single year. This report convincingly demonstrates the danger these deals pose to consumers. Each of these deals will lead to higher drug costs for millions of consumers. Each of these deals cost the Federal Government large sums in taxpayer money in higher drug reimbursement costs. Each of these deals deprive consumers of needed drug competition. The time for action to stop these anti-consumer, anticompetitive back room deals is now.

Our legislation passed the Judiciary Committee last Congress with a strong bipartisan majority. The Judiciary Committee made several changes to the legislation as it is was introduced in the 111th Congress, and the legislation I am introducing today includes all of these changes. I believe the current version of this legislation represents a well balanced approach to this problem. Under my bill, these settlement agreements will be presumed to be illegal. However, the FTC will need to pursue legal action prior to these agreements being found illegal, and the drug companies will have an opportunity to convince the Judge why these agreement are not in fact anticompetitive. If found illegal, the FTC will have the authority to assess civil penalties up to three times the profits gained by the drug companies.

I believe this measure strikes the right balance. By presuming these agreements to be illegal, and armed with strong civil penalties, this bill will deter drug companies from entering into anti-competitive and anti-consumer ``pay-for-delay'' settlements in the first place. By giving the drug companies a hearing before a neutral tribunal, the drug companies will have their day in court to go forward with those agreements which truly do not harm competition.

The evidence is clear. These ``pay-for-delay'' agreements between brand name and generic drug companies deny consumers the benefits of generic drug competition and costs consumers and the Federal Government billions of dollars. My legislation will give the FTC strong remedies to prevent these agreements when it concludes they harm competition. Millions and millions of Americans that struggle to pay their prescription drug costs and who need low priced generic alternatives are awaiting action on this amendment. I urge my colleagues support for the Preserve Access to Affordable Generics Act.

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. President, I rise today to introduce legislation essential to restoring competition to the nation's crucial freight railroad sector. Freight railroads are essential to shipping a myriad of vital goods, everything from coal used to generate electricity to grain used for basic foodstuffs. But for decades the freight railroads have been insulated from the normal rules of competition followed by almost all other parts of our economy by an outmoded and unwarranted antitrust exemption. So today I am introducing, along with my colleagues, the Railroad Antitrust Enforcement Act of 2011. This bipartisan legislation will eliminate the obsolete antitrust exemptions that protect freight railroads from competition. This legislation is identical to the legislation that was reported out of the Judiciary Committee in the last Congress by a unanimous 15-0 vote.

Our legislation will eliminate unwarranted and outmoded antitrust exemptions that protect freight railroads from competition and result in higher prices to millions of consumers every day. Consolidation in the railroad industry in recent years has resulted in only four Class I railroads providing nearly 90 percent of the Nation's freight rail transportation, as measured by revenue. The harmful result of this industry concentration for railroad shippers is well documented. A 2006 General Accounting Office Report found that shippers in many geographic areas ``may be paying excessive rates due to a lack of competition in these markets.'' These unjustified cost increases cause consumers to suffer higher electricity bills because a utility must pay for the high cost of transporting coal, result in higher prices for goods produced by manufacturers who rely on railroads to transport raw materials, and reduce earnings for American farmers who ship their products by rail and raise food prices paid by consumers.

A recent staff report, issued September 15, 2010, of the Committee on Commerce, Science, and Transportation also makes clear how railroads have benefited from the unique combination of deregulation and large- scale antitrust immunity, to the detriment of rail shippers and consumers. This Report--titled ``The Current State of the Class I Freight Rail Industry''--stated that ``[t]he four Class I railroads that today dominate the U.S. rail shipping market are achieving returns on revenue and operating ratios that rank them among the most profitable businesses in the U.S. economy.'' The four largest railroads nearly doubled their collective profit margins in the last decade to 13 percent ranking the railroad industry the fifth most profitable industry as ranking by Fortune magazine.

Increased concentration and lack of antitrust scrutiny have had clear price effects--according to the Commerce Committee Report, since 2004, ``Class I railroads have been raising prices by an average of 5 percent a year above inflation.'' The recent Commerce Committee Report concluded that ``Class I freight railroads have regained the pricing power they lacked in the 1980s, and are now some of the most highly profitable businesses in the U.S. economy.'' Given the industry's concentration and pricing power, the case for full fledged application of the antitrust laws is plain.

The ill-effects of railroad industry consolidation are exemplified in the case of ``captive shippers''--industries served by only one railroad. Over the past several years, these captive shippers have faced spiking rail rates. They are the victims of monopolistic practices and price gouging by the single railroad that serves them, price increases which they are forced to pass along into the price of their products, and ultimately, to consumers. And in many cases, the ordinary protections of antitrust law are unavailable to these captive shippers--instead, the railroads are protected by a series of outmoded exemptions from the normal rules of antitrust law to which all other industries must abide.

These unwarranted antitrust exemptions have put the American consumer at risk, and in Wisconsin, victims of a lack of railroad competition abound. From Dairyland Power Cooperative in La Crosse to Wolf River Lumber in New London, companies in my state are feeling the crunch of years of railroad consolidation. To help offset a 93 percent increase in shipping rates in 2006, Dairyland Power Cooperative had to raise electricity rates by 20 percent. The reliability, efficiency, and affordability of freight rail have all declined, and Wisconsin consumers feel the pinch.

And similar stories exist across the country. We held a hearing at the Antitrust Subcommittee in the 110th Congress which detailed numerous instances of anti-competitive conduct by the dominant freight railroads and at which railroad shippers testified as to the need to repeal the outmoded and unwarranted antitrust exemptions which left them without remedies. Dozens of organizations, unions and trade groups affected by monopolistic railroad conduct endorsed the Railroad Antitrust Enforcement Act in the last Congress. Supporters of the legislation include 20 state Attorneys General, the National Association of Regulatory Utility Commissioners, NARUC, the Consumers Federation of America, Consumers Union, the American Farm Bureau Federation, American Chemistry Council, the American Corn Growers Association, the American Forest and Paper Association, the American Public Power Association, and the American Bar Association Antitrust Section.

The current antitrust exemptions protect a wide range of railroad industry conduct from scrutiny by governmental antitrust enforcers. Railroad mergers and acquisitions are exempt from antitrust law and are reviewed solely by the Surface Transportation Board. Railroads that engage in collective ratemaking are also exempt from antitrust law. Railroads subject to the regulation of the Surface Transportation Board are also exempt from private antitrust lawsuits seeking the termination of anti-competitive practices via injunctive relief. Our bill will eliminate these exemptions.

No good reason exists for them. While railroad legislation in recent decades--including most notably the Staggers Rail Act of 1980-- deregulated much railroad rate setting from the oversight of the Surface Transportation Board, these obsolete antitrust exemptions remained in place, insulating a consolidating industry from obeying the rules of fair competition. And there is no reason to treat railroads any differently from dozens of other regulated industries in our economy that are fully subject to antitrust law--whether the telecommunications sector regulated by the FCC, or the aviation industry regulation by the Department of Transportation, just name just two examples.

Our bill will bring railroad mergers and acquisitions under the purview of

the Clayton Act, allowing the federal government, state attorneys general and private parties to file suit to enjoin anti-competitive mergers and acquisitions. It will restore the review of these mergers to the agencies where they belong--the Justice Department's Antitrust Division and the Federal Trade Commission. It will eliminate the exemption that prevents FTC's scrutiny of railroad common carriers. It will eliminate the antitrust exemption for railroad collective ratemaking. It will allow state attorneys general and other private parties to sue railroads for treble damages and injunctive relief for violations of the antitrust laws, including collusion that leads to excessive and unreasonable rates. This legislation will force railroads to play by the rules of free competition like all other businesses.

Significantly, our bill will not affect in way the jurisdiction of the Surface Transportation Board to regulate freight railroads. It will in no way limit or alter the authority of the STB; the STB will continue to exercise full jurisdiction over the railroad industry.

In sum, by clearing out this thicket of outmoded antitrust exemptions, railroads will be subject to the same laws as the rest of the economy. Government antitrust enforcers will finally have the tools to prevent anti-competitive transactions and practices by railroads. Likewise, private parties will be able to utilize the antitrust laws to deter anti-competitive conduct and to seek redress for their injuries.

It is time to put an end to the abusive practices of the Nation's freight railroads. On the Antitrust Subcommittee, we have seen that in industry after industry, vigorous application of our Nation's antitrust laws is the best way to eliminate barriers to competition, to end monopolistic behavior, to keep prices low and quality of service high. The railroad industry is no different. All those who rely on railroads to ship their products--whether it is an electric utility for its coal, a farmer to ship grain, or a factory to acquire its raw materials or ship out its finished product--deserve the full application of the antitrust laws to end the anti-competitive abuses all too prevalent in this industry today. I urge my colleagues support the Railroad Antitrust Enforcement Act of 2011.

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. President, I rise today to introduce legislation essential to consumers receiving the best prices on every product from electronics to clothing to groceries. My bill, the Discount Pricing Consumer Protection Act, will restore the nearly century old rule that it is illegal under antitrust law for a manufacturer to set a minimum price below which a retailer cannot sell the manufacturer's product, a practice known as ``resale price maintenance'' or ``vertical price fixing.'' This bill wil ensure that consumers can obtain discount prices at the very time they need them the most.

In June 2007, overturning a 96-year-old precedent, a narrow 5-4 Supreme Court majority in the Leegin case turned the Sherman Act on its head to overturn this basic rule of the marketplace which has served consumers well for nearly a century. My bill--identical to legislation I introduced in the last two Congresses--will correct this misinterpretation of antitrust law and restore the per se ban on vertical price fixing. My bill has been endorsed by the National Association of Attorneys General, 38 state attorneys general, as well as numerous antitrust experts, including former FTC Chairman Pitofsky and former FTC Commissioner Harbour, and the leading consumer groups, including Consumers Union, the Consumers Federation of America, and the American Antitrust Institute. This legislation passed the Judiciary Committee last year.

The reasons for this legislation are compelling. Allowing manufacturers to set minimum retail prices will threaten the very existence of discounting and discount stores, and lead to higher prices for consumers. For nearly a century the rule against vertical price fixing permitted discounters to sell goods at the most competitive price. Many credit this rule with the rise of today's low price, discount retail giants--stores like Target, Best Buy, Walmart, and the internet sites Amazon and EBay, which offer consumers a wide array of highly desired products at discount prices.

Ample evidence exists of the pernicious effect of allowing vertical price fixing. For nearly 40 years until 1975 when Congress passed the Consumer Goods Pricing Act, Federal law permitted States to enact so- called ``fair trade'' laws legalizing vertical price fixing. Studies the Department of Justice conducted in the late 1960s indicated that prices were between 18-27 percent higher in the States that allowed vertical price fixing than the States that had not passed such ``fair trade'' laws, costing consumers at least $2.1 billion per year at that time.

Given the tremendous economic growth in the intervening decades, the likely harm to consumers if vertical price fixing were permitted is even greater today. In his dissenting opinion in the Leegin case, Justice Breyer estimated that if only 10 percent of manufacturers engaged in vertical price fixing, the volume of commerce affected today would be $300 billion, translating into retail bills that would average $750 to $1,000 higher for the average family of four every year.

The experience of the last three years since the Leegin decision has begun to confirm our fears regarding the dangers from permitting vertical price fixing. The Wall Street Journal has reported that more than 5,000 companies have implemented minimum pricing policies. A new business--known as ``internet monitors''--has materialized for companies that scour the Internet in search of retailers selling products at a bargain. When such bargain sellers are detected, the manufacturer is alerted so that they can demand the seller

end its discounting. There have been many reports of everything from consumer electronics and video games to baby products and toys, rental cars and bicycles being subject to minimum retail pricing policies.

Defenders of the Leegin decision argue that today's giant retailers such as Wal-Mart, Best Buy or Target can ``take care of themselves'' and have sufficient market power to fight manufacturer efforts to impose retail prices. Whatever the merits of that argument, I am particularly worried about the effect of this new rule permitting minimum vertical price fixing on the next generation of discount retailers. If new discount retailers can be prevented from selling products at a discount at the behest of an established retailer worried about the competition, we will imperil an essential element of retail competition so beneficial to consumers.

In overturning the per se ban on vertical price fixing, the Supreme Court in Leegin announced this practice should instead be evaluated under what is known as the ``rule of reason.'' Under the rule of reason, a business practice is illegal only if it imposes an ``unreasonable'' restraint on competition. The burden is on the party challenging the practice to prove in court that the anti-competitive effects of the practice outweigh its justifications. In the words of the Supreme Court, the party challenging the practice must establish the restraint's ``history, nature and effect.'' Whether the businesses involved possess market power ``is a further, significant consideration'' under the rule of reason.

In short, establishing that any specific example of vertical price fixing violates the rule of reason is an onerous and difficult burden for a plaintiff in an antitrust case. Parties complaining about vertical price fixing are likely to be small discount stores or consumers with limited resources to engage in lengthy and complicated antitrust litigation. These plaintiffs are unlikely to possess the facts and complicated economic evidence necessary to make the extensive showing necessary to prove a case under the ``rule of reason.'' In the words of former FTC Commissioner Pamela Jones Harbour, applying the rule of reason to vertical price fixing ``is a virtual euphemism for per se legality.''

Our Antitrust Subcommittee conducted two extensive hearings into the Leegin decision and the likely effects of abolishing the ban on vertical price fixing in the last two Congresses. Both former FTC Chairman Robert Pitofsky and former FTC Commissioner Harbour strongly endorsed restoring the ban on vertical price fixing. Marcy Syms, CEO of the Syms discount clothing stores, and a senior executive of the Burlington Coat Factory discount chain testified as well, both citing the likely dangers to the ability of discounters such as Syms to survive after abolition of the rule against vertical price fixing. Ms. Syms also stated that ``it would be very unlikely for her to bring an antitrust suit'' challenging vertical price fixing under the rule of reason because her company ``would not have the resources, knowledge or a strong enough position in the market place to make such action prudent.'' Our examination of this issue has produced compelling evidence for the continued necessity of a ban on vertical price fixing to protect discounting and low prices for consumers.

The Discount Pricing Consumer Protection Act will accomplish this goal. My legislation is quite simple and direct. It would simply add one sentence to Section 1 of the Sherman Act--the basic provision addressing combinations in restraint of trade--a statement that any agreement with a retailer, wholesaler or distributor setting a price below which a product or service cannot be sold violates the law. No balancing or protracted legal proceedings will be necessary. Should a manufacturer enter into such an agreement it will unquestionably violate antitrust law. The uncertainty and legal impediments to antitrust enforcement of vertical price fixing will be replaced by simple and clear legal rule--a legal rule that will promote low prices and discount competition to the benefit of consumers every day.

In the last few decades, millions of consumers have benefited from an explosion of retail competition from new large discounters in virtually every product, from clothing to electronics to groceries, in both ``big box'' stores and on the Internet. Our legislation will correct the Supreme Court's abrupt change to antitrust law, and will ensure that today's vibrant competitive retail marketplace and the savings gained by American consumers from discounting will not be jeopardized by the abolition of the ban on vertical price fixing. I urge my colleagues to support this bill.

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. President, today I am reintroducing the Fast Track to College Act, a bill to support the expansion of dual enrollment programs and Early College High Schools. Such programs allow young people to earn up to two years of college credit while also earning their high school diploma.

I believe the key to our country's economic recovery is a strong investment in our young people. By investing in education, we ensure that today's students are well prepared to compete in a global economy.

Far too many of our students are falling behind in school, and as students struggle with their studies or drop out of school altogether, their futures and the health of our workforce are at risk. Young people who drop out of high school are at increased risk for negative outcomes such as unemployment and incarceration, as well as reliance on public assistance for healthcare, housing, and other basic needs--outcomes that have high costs for their communities and our economy. Conversely, adults who earn bachelor's degrees earn on average two-thirds more than high school graduates and $1 million more than high school dropouts over their working lives.

Studies show many youth drop out because they don't see a practical reason to complete high school or go on to get a college degree. Maybe they don't think they can get into college, don't think they can afford to go, or just don't see the point in going. Dual enrollment programs and Early College High Schools address these issues by showing students that they can succeed in college courses while saving time and money. They don't drop out because they can see that they are on track to a degree--and ultimately a job. By earning college credit, and possibly even an Associate's Degree, students are better prepared after high school to continue their education or pursue career training.

That is why I ask my colleagues to support this bill, which provides competitive grant funding for Early College High Schools and other dual enrollment programs that allow low-income students to earn college credit and a high school diploma at the same time. These programs put students on the fast track to college and increase the odds that they will not only graduate, but also go on to continue their education and secure higher-paying jobs.

This bill authorizes $140,000,000 for competitive 6-year grants to schools, with priority given to schools that serve low-income students. The funding will help defray the costs of implementing new programs, strengthening existing programs, and providing students and teachers with the resources they need to succeed in early college high schools and other dual enrollment programs. The bill also includes $10 million for states to provide support for these programs, as well as an evaluation component so we can measure the program's effectiveness.

I am proud to sponsor this legislation, with the support of Senator Brown of Ohio, because I believe this investment in our schools will help solve the dropout crisis and secure America's future by ensuring that all young people can compete in today's global economy. Further, I believe that all children, regardless of income or other factors, deserve equal opportunities to fulfill their potential, and it is both morally and fiscally responsible for this Congress to invest in high- quality educational programs that help our youth reach their potential.

I urge my colleagues to support this important legislation.

Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.

Mr. President, I rise today to introduce three bills that I believe will be important for our small businesses, especially our smaller manufacturers. In each of these bills, there is an emphasis on keeping our research and development and manufacturing here in the United States, rewarding our innovative American businesses with predictable credits and equitable treatment, and creating good paying jobs.

The first bill, S. 155, is designed to incentivize keeping jobs in the United States by increasing the existing Research & Development tax credit for companies that produce most of their goods domestically. The Domestic Jobs Innovation Bonus Act would create a bonus R&D Credit that increases incrementally to reward a higher percentage of domestic production. To earn the bonus credit, a company would need to make at least half of their products domestically--and for doing so would receive an additional 2 percentage points on top of the existing R&D credit. The credit would max out at a 10 percentage point increase for companies with 90 percent to 100 percent of their receipts from domestic production. For example, a company with 100 percent domestic production that would normally receive a 20 percent R&D tax credit would receive a 30 percent credit under this proposal.

To be clear, this isn't a tax credit that will benefit every company that has a presence in the United States. It

may not benefit many large, multi-national corporations, but those companies will still have access to the existing R&D Credit, which I support as well.

It is my hope that a credit like this could convince a company that is deciding whether to manufacture and research here or abroad, to choose America.

I am introducing a second bill, S. 156, with Senators Corker and Alexander that would establish a uniform energy efficiency descriptor for all water heaters and improve the testing methods by which that descriptor is determined. Currently, water heaters are lumped into two categories under two federal statutes, based on arbitrary gallon capacity and energy input ratings. ``Smaller'' water heaters are covered by the National Appliance Energy Conservation Act, NAECA, and must be rated using an energy factor or EF rating. ``Larger'' water heaters are within the scope of the Energy Policy Act, EPACT, and must be rated using a thermal efficiency or TE rating. Not only do the testing methods differ, but a manufacturer is forbidden to place an EF rating on a TE-sized unit, and vice-versa.

This legislation would direct the Department of Energy to work with industry stakeholders to develop a uniform energy efficiency descriptor that applies to all sizes of water heaters. It also would develop a test method to accurately determine that descriptor for all types of water heaters. It is my hope that the water heating manufacturing community can develop and implement the new test method and descriptor that will eliminate confusion and enable consumers and business owners to make informed purchasing decisions on water heaters. In today's tough economy, energy bills continue to stretch family budgets. Families can save money and conserve energy if they have accurate information about how much energy home appliances consume.

The difference between EF and TE ratings was based on the assumption that smaller units were exclusively for residential uses while larger units were exclusively for commercial purposes. Due to advances in manufacturing technology, the assumptions underlying the earlier dividing line are no longer accurate. In fact, both larger and smaller units made by leading U.S. manufacturers are used in residences without regard to which Federal law applies. Yet, Federal legislation continues to be written by taking this distinction into account.

In particular, these American companies are affected by the current disparate energy standards because it can disadvantage some of their products. Establishing one standard will help breakdown a patchwork of incentives and efficiency designations at both the state and federal level. For example, water heaters rated with a TE rating are not eligible for the ENERGY STAR label, and accordingly, not eligible for many state appliance rebate programs that link their incentives to an ENERGY STAR designation. This bill will make it so all products are competing on a level playing field for all incentives.

In addition to the energy savings that this bill will provide, it is also about the jobs potential for companies making these cutting-edge products. A globally-recognized cluster of water technology companies is emerging in the City of Milwaukee and surrounding counties. An important part of this effort is innovative water heater technologies. Incentivizing these products through predictable and equitable standards is vital to these companies.

The third bill, S. 157, would extend the Section 48 investment tax credit to solar light pipe technology. This is a promising new technology that could save our businesses money on their electricity bills, and reduce our overall energy usage--two goals on which we can all agree. Light pipes collect natural light, and then through the use of sensor technology, automatically dim the other lights in a building--thereby using less electricity for the same amount of light.

Despite the clear benefits of the technology, high cost has kept many businesses from using light pipes. Adding this technology to Section 48 will provide that boost that these businesses need to justify the expense.

I became aware of this technology because one of the companies that makes it is based in Manitowoc, Wisconsin. This company, Orion Energy Systems, employs about 250 people, and has been growing even during this tough economic time. In addition to light pipes, Orion makes energy efficient lighting systems, and partners with wind and solar power companies to significantly reduce the energy costs for many of our largest and most distinguished companies. Orion technology has been deployed at more than 6,000 facilities, and has worked with 126 of the Fortune 500 companies. Since 2001, Orion customers have saved more than $1 billion in electricity costs by displacing nearly 600 megawatts.

This credit will help Orion and companies like it create thousands of jobs through the production of the technology as well as installing it.

I urge my colleagues to support all of these bills, and I hope that they are enacted as part of an agenda that focuses on innovation, job creation, and shoring up our vital manufacturing sector.

Madam President, I wish to follow the remarks of my colleague in a colloquy, briefly, saying I agree with him which is why I voted to support restrictions on cross-State air pollution. Certainly coming from Maryland, I understand that one State can

pollute another, especially given the prevailing westerly winds. But even in the State of Illinois we estimate that the rule will reduce pollution in Chicagoland by 7 to 13 percent and in high-ozone time, the highest pollution, 24 percent.

We have also seen quite a number of our powerplants already reengineer their plants to control pollution, expecting this regulation which, by the way, comes from the Bush administration, the initial legislation, and pursuant to a Federal court order.

I commend my colleague and say there is bipartisan agreement that we control cross-State pollution. This rule, by the data that was provided by the Congressional Research Service, has a significant amount of benefit in reducing particulate matter that would be in the State of Illinois and especially Eastern States.

I actually rose to speak on several other topics which I will do in turn. First, I wish to say tomorrow we are going to honor generations of veterans who wore the uniform of the United States. As a Member of the House, I worked to help save my congressional district's veterans hospital in north Chicago, IL, after Washington bureaucrats recommended its closure by the Department of Defense, by the Department of Veterans Affairs.

We actually arranged to bring the Department of Defense and the VA together in a naval hospital and a VA hospital, to combine them in what became the Captain James A. Lovell Federal Health Care Center, building on synergy and seamless care for Active Duty and veterans alike. It became the first combined VA-Navy hospital in the Nation. It is a world-class facility that delivers medical care to about 4,000 Active Duty at Great Lakes and about 42,000 recruits and a equivalent number of veterans in the region.

I like to think about the waiting room of this hospital in which grizzled veterans from--one I remember meeting from the battle of Savo Island, 1942, World War II right next to the rawest new recruits to the Navy, in the same waiting room about to receive care from the same nurses and doctors at this now combined Navy-VA hospital.

In the Senate, I became the new ranking member of the Military Construction and VA Affairs Appropriations Subcommittee. Now we are going to see if we can expand this model of care, not just to one part of northern Illinois but to the country. We should go to the next level, not just integrating one set of hospitals but for the whole country.

Here, the greatest potential is in medical records. It should be the policy of this Congress, the Appropriations Committee and our subcommittee, that we create in the end one military VA health record so there is a seamless continuum of care for the men and women who have joined to protect our country from the first day they sign up as a recruit until their sunset years as a veteran.

I shared a draft of this speech with the chairman of our subcommittee, Chairman Johnson, and also Chairman Culberson of the House subcommittee, and the administration, to hopefully drive consensus in the House and Senate forward on this issue. I think we all now agree there should be more Defense Department and VA collaboration on health care but especially focused on health records.

With Chairman Johnson, we held a March hearing on the progress of moving forward to a military veteran--what is called--fully integrated electronic health record or IEHR. The system will provide servicemembers with a single medical record from their enlistment through their final days as a veteran. I wish to applaud Secretary Shinseki, Secretary Gates, and Secretary Panetta, his successor, for pushing the very separate Department of Defense and VA bureaucracies into a single common record system. The integrated health record developed jointly by VA and DOD is a very large and necessary IT project. It will encompass quite a lot of effort to be caring for around 15 million servicemembers, veterans, and eligible families each year.

For more than 20 years, these two executive departments built entirely separate health care systems, but the taxpayer did pay for both. A 20-year marine leaving Active-Duty health care would then, potentially, today, have three separate health care records--a military one, a veterans record, and a civilian care record through TRICARE. This meant that information on medical treatment or service-connected disabilities could easily be split between these records. VA doctors or VA benefits personnel would not have the complete information in assessing care for this American in uniform or just out of uniform.

The new system will hopefully eliminate paper records, missing files, and replace them all with a common record, complete with Active-Duty medical history that the VA medical care providers can access in all hospitals and clinics throughout the country.

A project of this magnitude, 6 years of work, several hundred million dollars in expense, is not without risk. It is our responsibility to make sure both departments, DOD and VA, make the right cost-effective decisions to defend the hard-working taxpayer. In past years, normal practice inside Washington would be to give a project such as this to a massive government contractor that would hijack it into an unwieldy and proprietary system which rapidly became outdated, with technology that was only licensed to that contractor. In the Congress we cannot let that happen with this project. In times of physical austerity it is critical that the government work carefully with Chairman Johnson in the Senate and Chairman Culberson in the House to look beyond their own walls to cooperate and innovate and deliver more efficient and effective services.

It is imperative that VA and DOD ensure that it gets this right and not replicate problems associated with past developments of so many large IT systems. One of the most positive developments is the joint VA-DOD approach that will embrace best commercial practices by leveraging technology already used in the private sector through commercial off-the-shelf systems, and especially open-source coding so that the electronic health record can be billed at the lowest cost. This will ensure that the new system will benefit from innovative and new solutions being used by major medical systems and health care providers across the country.

An open source--that is an open computer-code approach--will, most importantly, prevent us, the government, from being locked into one single vendor. Instead the approach will allow not only innovation but will require a private firm to integrate their technology into the joint VA-DOD system. It will also encourage real competition as every vendor bidding on a new contract will have full, public access to the product completed by the previous vendor. This approach should ensure that the taxpayer is defended, that their dollars are well spent, and that servicemembers and veterans are well served by the system that we then develop.

I commend the VA and DOD on their willingness to break down the walls between their respective departments and work together on this project, especially on the eve of Veterans Day. If successful, this approach could serve as a model for cooperation between other government agencies serving similar communities, making the government smarter and leveraging private sector innovation and developing cost-saving technologies--like open source coding, like commercial off-the-shelf requirements--which is exactly the mindset we need to embrace in the cost-conscious environment we are in today.

In closing, I want to, once again, thank Secretary of Veterans Affairs Shinseki, our previous Secretary of Defense Gates, and our current Secretary of Defense Panetta for their vision in bringing this tough problem together. I

will tell each one of these Cabinet Departments that Chairman Culberson and I are looking forward, in about 2\1/2\ months' time, to meeting with their teams to assess the project and progress on developing a fully integrated, complete joint DOD and then VA health record to care for that American from the time they enlist until their final days as a veteran.

Hiring Veterans

On November 11, 1919, exactly 1 year after the end of World War I, President Wilson designated Armistice Day to honor those who served during the great war. In 1954, Congress changed the name of the holiday to honor the service of all men and women in uniform that we now know as Veterans Day. For the last 22 years, it has been the honor of my life to serve in the U.S. Navy Reserve. I have seen firsthand the sacrifice of men and women who wore the uniform and, quite frankly, provided the freedoms that we enjoy as Americans.

This week we remember those who sacrificed everything in the defense of our Nation, and I am proud to support legislation that provides a new employment opportunity for those veterans. The VOW to Hire Heroes Act of 2011 is bipartisan legislation that the Senate has just passed to give our veterans the opportunity to learn new skills and reenter the workforce. Too often employers overlook the experience of our professional veterans. These men and women are typically highly effective, organized leaders who have been part of a team in a difficult environment. They have undertaken responsibilities few could imagine under extreme conditions--especially at young ages.

Across Afghanistan and Iraq, veterans are saving lives and using state-of-the-art medical equipment in austere conditions. When they return, these skills they have obtained do not necessarily quickly translate into civilian certifications that first responders need to qualify for a job. As a result, governments subsidize expensive training for veterans who are already, in many cases, substantially overqualified. The bill just passed in the Senate requires the Department of Defense, Veterans Affairs, and Labor to identify equivalencies between military service and private sector competencies. This change will translate military experience and certifications into civilian qualifications opening new career opportunities for veterans.

The legislation also reforms and improves the Department of Defense Transition Assistance Program to assist retiring servicemembers with resume development, educational options, and tools for separating from the military. The legislation will identify potential positions and industries in the private sector for our new veterans.

For unemployed veterans the legislation establishes a retraining educational benefit allowing veterans to go back to school for high- demand skill development and to obtain a technical certificate or degree that prepares them to reenter the workforce. This bill also engages the private sector and expands the tax credit for hiring our returning heroes.

The legislation is particularly important to my home State where we have over 700,000 veterans. Across Illinois they enthusiastically take on new challenges and become teachers and corporate executives or public servants.

In 1901, a Knox County native and Illinois veteran, Charles Walgreen, built the foundation of one of our Nation's largest pharmacy chains. Chicago native George Halas served twice in the Navy and then spent 63 years at the helm of the Chicago Bears and helped found the NFL. Countless other citizens of our State served in the military but then made invaluable contributions to our Nation and its economy.

Despite what most Americans see on TV, Chairman Murray in the Senate and Chairman Miller in the House demonstrated that Republicans and Democrats across the Senate and House can work together, and this legislation just passed as a result of that bipartisan cooperation.

Today our Nation's veterans are facing different adversities and are overcoming new challenges both in the field and when they come home. We owe these men and women everything, and this measure--a bipartisan measure--is one of the ways we can say thank you.

Europe's Debt Crisis

I also want to take a moment to speak briefly on the subject of the European debt situation. I am concerned that we are now eyewitnesses to history, but few in the Senate are even watching major events that could hurt the incomes of Americans at home.

Margaret Thatcher once said: Socialists eventually run out of other people's money. We witnessed the end of communism in 1991 when Russia ran out of money. In 2011 we may be witnessing the end of European socialism as many of their economies go bankrupt. Events in Europe offer an immediate warning to our own banking system and is a long-term lesson to our society.

I thank my friend David Malpass for his work in helping to develop my view on these issues. In our view, Europe's approach to the run on Greek debt and then Italian debt and possibly this afternoon French debt shows that Europe's leaders are not addressing the problems squarely that they face. The current approach they have is unsustainable.

Yesterday we witnessed the interest rate Italy must pay to borrow funds rising to over 7 percent from the 6.4 percent on Tuesday and the 5 percent they had to pay at the beginning of the month.

Germany's Finance Minister suggested that Italy consider drawing on EFSF funds, implying that Germany doesn't recognize the true magnitude of the systemic problem they face, still focused on Plan A when Plan A no longer is viable. As Malpass commented, this compares a popgun versus the charging financial rhinoceros that is needed.

German Chancellor Angela Merkel talked about a new European Union and new EU treaty structures. The United States should support increased financial restraints--tougher ones than the Maastricht Treaty provided. It is hard to see how Europe could undertake an entirely new treaty and then ratify it in the middle of this crisis. After all, the EFSF was hard enough.

Merkel's party also discussed ways to allow countries to exit the euro. This would be an immediate and severe threat to the current outlook, but her party is now no longer in the ascendency. It is losing strength to coalition parties that are more committed to the euro.

On Tuesday, French President Nicolas Sarkozy raised the possibility of what he called a two-speed Europe in a speech in Strasbourg, meaning that the eurozone countries would have different rules than non-euro EU members. These issues would all be fine to discuss if we were not immediately in a current financial crisis. There are many steps the United States should encourage to prevent this situation from jumping across the Atlantic. Unfortunately, none of them appear to be underway.

First, Italy should undertake major growth-oriented structural reforms in their labor market, but there appears to be little chance of that.

Next, Europe could temporarily back away from the Basel III mark-to- market and the bank capitalization levels they require, removing for now the threat their banks face: that they will be taken over or forced to excessively dilute their equity at the market bottom. Recall that the United States provided critical relief in this regard by reinstructing the FASB in March of 2009 to do this launching the equity market surge.

European Nations could also begin guaranteeing new liabilities at their banks. Remember, also, the United States took this step in October of 2008 through a fee-based FDIC guarantee of new bank issuance. The ECB could also purchase Italian bonds in the size needed in the secondary market with the goal of lowering the current yield. Remember, the Fed bought American mortgage-backed securities in December of 2008 instantly helping recover and resuscitate that market.

Unfortunately, right now none of these positive developments seem likely. The news tonight from Europe is fairly dismal, and I recall the collapse of German credit in July of 1931. It was that collapse that turned the recession of 1929 into the Great Depression.

Our Congress right now is rightly focused on the need to cut our own spending, but, unfortunately, the news that I have seen is the crisis abroad

could become the No. 1 economic story in the United States as early as next month.

Americans should watch this situation very closely. We should encourage Europe to take the actions I outlined above, and most importantly, we should make sure the supercommittee does its job and that we kick our own spending habit before we face the same future.

Iran's Nuclear Program

Lastly, I want to touch on a subject that I think most concerns me for the future of the country, especially next year.

When the history of the Iranian nuclear program is written, November 2011 is likely to be marked as the turning point toward conflict regarding Iran's nuclear weapons program. Recall that Iran has signed the Nuclear Nonproliferation Treaty, and her government claims they are taking no action in violation of that treaty. Recall also in 1979 Iran embraced supporting terror as government policy. Iran was then certified as a state sponsor of terror by Presidents Carter, Reagan, Bush, Clinton, Bush, and Obama. Recall also that Iran now has become the top financier for two major terror groups in the Middle East, Hamas and Hezbollah.

Iran has transferred nearly every type of weapon in its inventory-- including cruise missiles--to Hezbollah. Recall also that Iran has started the massive refining of uranium, far above the 3 percent necessary to fuel a reactor--upwards of 20 percent--moving to the 98 percent needed to run an atomic weapon.

This week, the IAEA released a landmark report. It said the Iranians were accelerating their uranium enrichment. It said they had received design information through military personnel on nuclear weapons. But, most importantly, it showed how step by step the Iranians were working on a nuclear warhead for their long-range SHAHAB-3 missile to include the density and weight of a nuclear weapon as well as the inclusion of an electric generator inside that weapon--unnecessary for a conventional munition but absolutely required for a nuclear munition-- that there were no submunitions, that the entire package was to go off at once, and that the critical design information behind that all pointed to a nuclear warhead. Our response should be, in my view, nonmilitary but the strongest nonmilitary means necessary.

For many years as a House Member I worked on what I thought was the critical sanction, which was to take advantage of the key vulnerability of Iran; that the mullahs had so mishandled their economy since 1979 that this oil-producing nation totally depended on foreign gasoline for their energy supplies. Our idea was to cut off Iran's supply of foreign gasoline and then to ensure that their signature under the nuclear nonproliferation treaty was genuine, real, and verifiable. After working many years on this legislation, eventually the House of Representatives voted, with over 400 positive votes, for this legislation to help cut off Iran's gasoline supply. In fact, the bill was unanimous in the Senate, and last year President Obama signed this bill into law.

But the record now shows, according to Reuters this morning, that gasoline deliveries, despite the Obama sanctions, now have gone up 21 percent to Iran. Despite the comprehensive sanctions the United States has leveled against Iran, the International Monetary Fund reports that the Iranian economy grew faster than the U.S. economy last year. So, many of us, looking at the sorry record of sanctions enforcement, have gathered together on the idea of one last sanction that we think could avoid a conflict, that we think would deliver the decisive diplomatic weight to solve this problem, and that is to sanction the Central Bank of Iran itself. We would say any entity which does business with the Central Bank of Iran cannot do business with the United States, and we would force every financial and business interest in the world to choose between the $300 billion Iranian economy and the $14 trillion American economy.

We know the Central Bank of Iran is the central paymaster of Hezbollah and Hamas, two organizations Secretary of State Clinton has highlighted as sponsors of terror. We know the Central Bank of Iran is the central paymaster for the Iranian Revolutionary Guards Corps and especially their subunit, the Quds force, which Attorney General Holder highlighted, which tried to launch a plot through a Mexican drug cartel to blow up a Washington, DC restaurant. They talked about killing dozens of Americans--they even talked about killing Senators--in an effort to kill the Saudi Arabian Ambassador to the United States. We know the Central Bank of Iran also is the likely paymaster of the nuclear program of Iran itself.

This summer, something unique happened in the life of the Senate. In these partisan times, with so many differences expressed between Republicans and Democrats, 92 Senators joined in the Kirk-Schumer letter saying that we should sanction the Central Bank of Iran, that we should cripple the Iranian currency. For God's sake, at least we can have Iranian economic growth as slower than U.S. economic growth for 2012. It was a unique moment of bipartisan consensus, and the Obama administration even leaked to the New York Times that this action was under consideration. All indications are now that the Obama administration will take no major action against Iran, despite a United Nations report and despite a plot revealed by the Attorney General himself.

Recall that the IAEA was the organization that downplayed Bush administration accusations against Iraq and its weapons of mass destruction program, and that following the fall of Saddam Hussein we consistently found that what the IAEA said about Iraq was exactly correct. So when the IAEA reports that the Iranians are working toward a nuclear weapon and a warhead aboard their SHAHAB-3 missile; when we learn that the Iranians are supporting terror through Hezbollah and Hamas with a plot to kill Americans at a Washington, DC restaurant; when we learn that Iranians have registered the names of every Baha'i family, all 330,000 in their country, that they have removed all Baha'is from universities, that they have kicked all Baha'i children and prohibited all Baha'i businesses from doing business with their government, we are worried that this is a government--probably the only member of the United Nations--where the head of state regularly talks about wiping another member of the United Nations off the planet, it seems as though we should take action.

I recall a famous quote from President Kennedy long before he was elected President when he wrote an essay called ``Why America Slept'' in which he talked about all the signs of a coming catastrophe in Europe and no action by the U.S. Government.

This week is the turning point for Iran. If the United States takes no action, then we set the Middle East on a course for conflict likely involving our allies in Israel, potentially also Saudi Arabia. The simple course of history right now I think would be improved if we leveled this sanction in a bipartisan fashion, giving our diplomats decisive weight to stop this program and, therefore, avoiding conflict. By taking the easy way out--by leveling no action against Iran--we actually are empowering those who would go to conflict more quickly.

I am dumfounded as to the reason we are doing this. Senators on this floor told me they suspected there was so much insecurity about the current price of oil that the administration will do everything possible not to have conflict or stress in the Middle East in order to ensure its reelection and keep prices low. But I would argue that nuclear weapons in the hands of the Iranians will automatically raise energy prices in the United States. I would argue that with the record of the Iranians transferring cruise missiles to Hezbollah, there is no doubt in my mind that the Iranians, once they build a sufficient stockpile of nuclear weapons, will transfer some of those to Hezbollah.

We also see hostile intent by the Iranians not just at the Israelis but at the Saudi Arabians, and that the path to further instability and danger is in not taking action rather than taking action.

This, on a Friday night in November, is the turning point on the Iran crisis. Many bureaucrats inside the administration would prefer we not know this

is the turning point. They would prefer we not realize the Iranian program is receiving decisive weight, and that according to experts the Iranians will have nuclear weapons either next year or, by their latest estimate, the year after. They would prefer we not realize that according to my scenario, they would build a sufficient stockpile so that we envision a possible future where by 2014 or 2015 the Iranians will have a sufficient number to begin transferring weapons to Hezbollah. And we certainly know that the moment the Iranians detonate a weapon, we will witness the launch of nuclear programs in Saudi Arabia and likely in Egypt.

The bottom line is this: Without decisive action on economic sanctions, we condemn the Middle East to a conflict that eventually may involve weapons of mass destruction. With action similar to action called for by those who saw history correctly in the 1930s, we could help protect the coming generation from such a conflict. A world in which the Iranians have nuclear weapons is one that we grant to our kids in a far more dangerous environment than the 21st century, rather than the one we should grant to them.

The Senate, hopefully, will vote on an amendment next week that I hope to offer to level this sanction on Iran. If opposed by the Obama administration, then I think we are condemning this region to an awful conflict, and I think we should protect the next generation from such a future by taking good, solid, decisive, nonmilitary sanctions action now.

With that, I yield the floor, and I suggest the absence of a quorum.