[Congressional Record Volume 155, Number 65 (Thursday, April 30, 2009)]
[Senate]
[Pages S4965-S4977]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. CONRAD (for himself, Mr. Hatch, Mr. Crapo, Mr. Roberts, 
        Mr. Wicker, Mr. Vitter, Mr. Voinovich, Mr. Chambliss, Mr. 
        Isakson, Mr. Cochran, Mr. Bunning, Mr. Kerry, Ms. Stabenow, Mr. 
        Harkin, Mr. Wyden, Mr. Specter, and Mr. Alexander):
  S. 935. A bill to extend subsections (c) and (d) of section 114 of 
the Medicare, Medicaid, and SCHIP Extension Act of 2007 (Public Law 
110-173) to provide for regulatory stability during the development of 
facility and patient criteria for long-term care hospitals under the 
Medicare program, and for other purposes; to the Committee on Finance.
  Mr. CONRAD. Mr. President, today I am introducing legislation that 
would extend reasonable measures to protect access to long-term care 
hospitals, while ensuring that these institutions are admitting the 
appropriate type of patients. I am pleased to be introducing the bill 
along with my colleague, Senator Hatch, and I urge my colleagues to 
consider cosponsoring this cost-saving proposal.
  Long Term Acute Care hospitals, or LTAC hospitals, serve a vital role 
in the Medicare program by providing care to beneficiaries with 
clinically complex conditions that need hospital care for extended 
periods of time. I am happy to have two of these hospitals in North 
Dakota, one in Fargo and one in Mandan. They are a vital part of the 
North Dakota continuum of care.
  While these hospitals provide important health services to very frail 
individuals, the Centers for Medicare and Medicaid Services, CMS, 
became concerned with the rapid growth in these facilities, and as a 
result began to arbitrarily cut LTAC hospital payments across-the-
board. The Medicare, Medicaid and SCHIP Extension Act of 2007, MMSEA, 
enacted important changes that included the development of much-needed 
patient and facility certification criteria to assure that the right 
patient is seen in the right post-acute care setting. This law issued a 
moratorium on new facilities and expansions of older facilities and 
provided regulatory relief to protect patient access to LTAC hospitals 
while patient criteria are being developed. The legislation I am 
introducing today would extend these provisions by two years to provide 
stability to these hospitals and the patients they serve as CMS 
considers payment bundles and other changes in post-acute care.
  As Chairman of the Budget Committee, I have a unique appreciation for 
the enormous fiscal challenges that face our country and respect CMS's 
efforts to reduce growth in Medicare. We should address the growth in 
LTAC hospitals, but we also want to ensure that there is a place for 
patients who truly need long-term hospital stays.
  It was not easy for the LTAC hospitals in North Dakota and across the 
country to support legislation that restricts their payments, but I 
compliment them for working with me to put forward a constructive 
public policy proposal. Long-term care hospitals serve a vital role in 
our health care system, and we must protect access to these facilities 
for those who truly need it. But we can also take responsible steps to 
ensure that our federal tax dollars are well spent and directed to the 
most appropriate level of care. I believe my legislation achieves this 
balance and urge my colleagues to support this measure.
  Mr. HATCH. Mr. President, I am pleased to join my friend, Senator 
Kent Conrad, and others in introducing the Medicare Long-Term Care 
Hospital Improvement Act of 2009. This legislation would help ensure 
that Medicare beneficiaries continue to have access to long-term, 
acute-care,

[[Page S4966]]

LTAC, hospitals. These hospitals provide inpatient care to Medicare 
beneficiaries who spend at least 25 days in the hospital. Typically, 
the average patient stay in an acute care hospital is only six days. We 
have several LTAC hospitals and facilities in Salt Lake, Provo, and 
Bountiful, UT.
  Our bill would extend for two more years the LTAC hospital moratorium 
included in the Medicare, Medicaid, and SCHIP Extension Act of 2007, 
MMSEA, P.L. 110-173. While MMSEA's LTAC hospital provisions helped the 
LTAC hospitals, they also addressed important issues raised by the 
Centers for Medicare and Medicaid Services, CMS, regarding these 
hospitals. Under MMSEA, new LTAC hospitals would not be allowed to open 
until the three year moratorium ends in 2010--the intent was to give 
CMS time to develop new federal standards on LTAC patient criteria. The 
bill that we are introducing today would extend the MMSEA moratorium 
for another 2 years.
  To my friends in the hospital community and to those responsible for 
issuing federal regulations impacting the hospital community, I urge 
you to work together to address some of the valid concerns that have 
been raised with regard to LTAC hospitals. But I want these concerns 
addressed fairly so that beneficiaries will continue to have access to 
quality care and choice of long-term care coverage.
  I also believe that while most LTAC hospitals provide good care in 
many parts of the country, the industry must do a better job convincing 
Congress and Federal agencies that the type of care you provide is 
valuable and necessary. Only truly sick patients should go to LTAC 
hospitals. Less medically-complex patients should be seen at less 
intensive facilities.
  It is my hope that Federal officials making important decisions 
regarding LTACs get the job done. Five years ago, LTAC hospitals were 
told that they needed new standards and yet, we have made limited 
progress in this area. You need to finish this important job once and 
for all! It needs to be done in partnership with the LTAC community. 
Hopefully, the introduction of this bill will get the ball rolling in 
this area.
  Finally, President Obama's budget guidelines for fiscal year 2010 has 
a bundling proposal that would include the payment of post-acute care 
with the hospital payment system. The Senate Finance Committee is 
considering a similar proposal. Therefore, I do not want to leave the 
impression with anyone that the introduction of this legislation is 
meant to delay such a proposal from moving forward. However, I do 
believe that should bundling be seriously considered by Congress, all 
stakeholders should be included in those discussions, including the 
LTACH hospitals.
  I look forward to working with my Senate colleagues on this important 
bill.
                                 ______
                                 
      By Mr. REID (for himself and Mr. Ensign):
  S. 940. A bill to direct the Secretary of the Interior to convey to 
the Nevada System of Higher Education certain Federal land located in 
Clark and Nye counties, Nevada, and for other purposes; to the 
Committee on Energy and Natural Resources.
  Mr. REID. Mr. President, I rise today with my good friend Senator 
Ensign to introduce the Southern Nevada Higher Education Land Act of 
2009. This bill will expand opportunities for higher education in one 
of the nation's fastest growing areas, southern Nevada.
  In July 1862, President Abraham Lincoln signed the Land Grant College 
Act into law, creating a higher education legacy that continues to 
benefit our country today. That bill, now referred to as the Morrill 
Act, provided 30,000 acres of Federal land per Member of Congress to 
establish institutions of higher education in each State. Today, thanks 
in large part to the foresight of Senator Justin Smith Morrill from 
Vermont and others from his time, this Nation has one of the finest 
public university systems in the world.
  Among the many universities established as a result of this forward-
looking legislation was the University of Nevada. The State's first 
university was originally founded in Elko in 1874. Two years later, 
Nevada's state legislature voted to move the university to its current 
home in Reno. The University of Nevada remained the State's only higher 
education institution for 75 years.
  From these humble beginnings, the State of Nevada has expanded its 
higher education system to now include two research universities, one 
State college, one research institution, and four community colleges. 
The Nevada System of Higher Education, which was formed in 1968 and 
encompasses all eight institutions, has grown to serve roughly 98,000 
degree-seeking students.
  As the State of Nevada continues to grow, so too must its university 
system. With over 2 million residents in 2007, greater Las Vegas is the 
fourth-largest metropolitan area in the Mountain West. In this decade 
alone, the area's population has grown by 31 percent, five times faster 
than the Nation as a whole. We must expand higher education 
opportunities to meet the demands of this growing region.
  Consider the following--bthe University of Nevada, Las Vegas, with 
28,000 students and 3,300 faculty and staff, is the fourth fastest-
growing research university in the Nation. The College of Southern 
Nevada, also in Las Vegas, serves 41,000 students and its three urban 
campuses are at near capacity. The town of Pahrump, 60 miles from Las 
Vegas in rural Nye County, has grown by 20 percent since 2000. Great 
Basin College's small branch campus in Pahrump uses high school 
classrooms at night to serve the city's 41,000 residents.
  Our legislation will make selected parcels of Federal lands available 
for the future growth of the university system. Land will be provided 
for new campuses for the University of Nevada, Las Vegas; the College 
of Southern Nevada; and a Pahrump campus of Great Basin College. The 
current campuses for these three institutions comprise 1,150 acres in 
southern Nevada. With the passage of this legislation, an additional 
2,400 acres will be available for new classroom, research, and 
residential facilities to help further the missions of these three fine 
institutions.
  To establish these new campuses, three parcels of land would be 
conveyed from the Bureau of Land Management, BLM, to the Nevada System 
of Higher Education. Two of the parcels are located in Clark County, 
within the Southern Nevada Public Land Management Act, SNPLMA, disposal 
boundary. The third parcel is located in Pahrump, west of Las Vegas, in 
Nye County. BLM has designated all of these parcels for disposal 
because they are surrounded by development and are difficult to manage.
  It is important to point out that the land our legislation conveys 
for the University of Nevada, Las Vegas borders Nellis Air Force Base. 
Nellis was once on the outskirts of town, but now development is on its 
doorstep. In order to protect the mission of the Nellis Air Force base, 
we have put a special provision in the legislation requiring that the 
university system and Air Force sign a binding agreement regarding 
development plans for the campus. The university system and the Air 
Force worked together on this issue for the last 3 years and have found 
a middle ground that will serve the interests of both parties. We 
greatly appreciate the efforts of the university system and the Air 
Force to make this work.
  This same land bordering Nellis was once used as a small arms range 
during World War II and will need to be cleaned up before it can be 
conveyed to the university system. Because it will take time to 
accomplish this, our legislation allows the land to be conveyed in 
phases, as the remediation is completed.
  This proposal to expand higher education opportunities in southern 
Nevada has been welcomed by area leaders. City and county officials 
have worked closely with the Nevada System of Higher Education to plan 
the development of world-class facilities in their communities. These 
facilities are critical to meeting the challenge of diversifying their 
economies and attracting and growing knowledge industries in the area.
  I also want to note that a long-time champion of this legislation, 
and especially the Pahrump campus, passed away recently. Bob Swadell 
lived a life of service. He saw action in Korea where he earned a 
Bronze Star and later worked for the Central Intelligence Agency. More 
recently, Mr. Swadell devoted a great deal of his time to looking out 
for the future of

[[Page S4967]]

Pahrump. I regret that he will not be with us to see this legislation 
move forward, but we will certainly keep his vision and spirit with us 
as we work on this important bill.
  Just as the Morrill Act opened up Federal land to expand higher 
education across the Nation, I am hopeful that this important, though 
much more modest effort can do the same for the residents of southern 
Nevada. We look forward to working with Chairman Bingaman, Ranking 
Member Murkowski and the other distinguished Members of the Energy and 
Natural Resources Committee to move this legislation in an expeditious 
manner.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
placed in the Record, as follows:

                                 S. 940

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Southern Nevada Higher 
     Education Land Act of 2009''.

     SEC. 2. FINDINGS; PURPOSE.

       (a) Findings.--Congress finds that--
       (1) southern Nevada is one of the fastest growing regions 
     in the United States, with 750,000 new residents added since 
     2000 and 250,000 residents expected to be added by 2010;
       (2) the Nevada System of Higher Education serves more than 
     71,000 undergraduate and graduate students in southern 
     Nevada, with enrollment in the System expected to grow by 21 
     percent during the next 10 years, which would bring 
     enrollment to a total of 85,000 students in the System;
       (3) the Nevada System of Higher Education campuses in 
     southern Nevada comprise 1,200 acres, one of the smallest 
     land bases of any major higher education system in the 
     western United States;
       (4) the University of Nevada, Las Vegas, with 27,903 
     students and 3,000 faculty and staff, is the fourth fastest-
     growing research university in the United States;
       (5) the College of Southern Nevada--
       (A) serves more than 41,000 students each semester; and
       (B) is near capacity at each of the 3 urban campuses of the 
     College;
       (6) Pahrump, located in rural Nye County, Nevada--
       (A) has grown by 20 percent since 2000; and
       (B) has a small satellite campus of Great Basin College to 
     serve the 40,500 residents of Pahrump, Nevada; and
       (7) the Nevada System of Higher Education needs additional 
     land to provide for the future growth of the System, 
     particularly for the University of Nevada, Las Vegas, the 
     College of Southern Nevada, and the Pahrump campus of Great 
     Basin College.
       (b) Purposes.--The purposes of this Act are--
       (1) to provide additional land for a thriving higher 
     education system that serves the residents of fast-growing 
     southern Nevada;
       (2) to provide residents of the State with greater 
     opportunities to pursue higher education and the resulting 
     benefits, which include increased earnings, more employment 
     opportunities, and better health; and
       (3) to provide communities in southern Nevada the economic 
     and societal values of higher education, including economic 
     growth, lower crime rates, greater civic participation, and 
     less reliance on social services.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Board of regents.--The term ``Board of Regents'' means 
     the Board of Regents of the Nevada System of Higher 
     Education.
       (2) Campuses.--The term ``Campuses'' means the Great Basin 
     College, College of Southern Nevada, and University of Las 
     Vegas, Nevada, campuses.
       (3) Federal land.--The term ``Federal land'' means each of 
     the 3 parcels of Bureau of Land Management land identified on 
     the maps as ``Parcel to be Conveyed'', of which--
       (A) approximately 40 acres is to be conveyed for the 
     College of Southern Nevada;
       (B) approximately 2,085 acres is to be conveyed for the 
     University of Nevada, Las Vegas; and
       (C) approximately 285 acres is to be conveyed for the Great 
     Basin College.
       (4) Map.--The term ``Map'' means each of the 3 maps 
     entitled ``Southern Nevada Higher Education Land Act'', dated 
     July 11, 2008, and on file and available for public 
     inspection in the appropriate offices of the Bureau of Land 
     Management.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (6) State.--The term ``State'' means the State of Nevada.
       (7) System.--The term ``System'' means the Nevada System of 
     Higher Education.

     SEC. 4. CONVEYANCES OF FEDERAL LAND TO THE SYSTEM.

       (a) Conveyances.--
       (1) In general.--Notwithstanding section 202 of the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1712) and 
     section 1(c) of the Act of June 14, 1926 (commonly known as 
     the ``Recreation and Public Purposes Act'') (43 U.S.C. 
     869(c)) and subject to all valid existing rights, the 
     Secretary shall--
       (A) not later than 180 days after the date of enactment of 
     this Act, convey to the System, without consideration, all 
     right, title, and interest of the United States in and to the 
     Federal land for the Great Basin College and the College of 
     Southern Nevada; and
       (B) not later than 180 days after the receipt of 
     certification of acceptable remediation of environmental 
     conditions existing on the parcel to be conveyed for the 
     University of Nevada, Las Vegas, convey to the System, 
     without consideration, all right, title, and interest of the 
     United States in and to the Federal land for the University 
     of Nevada, Las Vegas.
       (2) Phases.--The Secretary may phase the conveyance of the 
     Federal land under paragraph (1)(B) as remediation is 
     completed.
       (b) Conditions.--
       (1) In general.--As a condition of the conveyance under 
     subsection (a)(1), the Board of Regents shall agree in 
     writing--
       (A) to pay any administrative costs associated with the 
     conveyance, including the costs of any environmental, 
     wildlife, cultural, or historical resources studies;
       (B) to use the Federal land conveyed for educational and 
     recreational purposes;
       (C) to release and indemnify the United States from any 
     claims or liabilities that may arise from uses carried out on 
     the Federal land on or before the date of enactment of this 
     Act by the United States or any person;
       (D) as soon as practicable after the date of the conveyance 
     under subsection (a)(1), to erect at each of the Campuses an 
     appropriate and centrally located monument that acknowledges 
     the conveyance of the Federal land by the United States for 
     the purpose of furthering the higher education of the 
     citizens in the State; and
       (E) to assist the Bureau of Land Management in providing 
     information to the students of the System and the citizens of 
     the State on--
       (i) public land (including the management of public land) 
     in the Nation; and
       (ii) the role of the Bureau of Land Management in managing, 
     preserving, and protecting the public land in the State.
       (2) Agreement with nellis air force base.--
       (A) In general.--As a precondition of the conveyance of the 
     Federal land for the University of Nevada, Las Vegas under 
     subsection (a)(1)(B), the Board of Regents shall enter into a 
     binding interlocal agreement with Nellis Air Force Base to 
     preserve the long-term capability of Nellis Air Force Base.
       (B) Requirements.--The interlocal agreement entered into 
     under subparagraph (A) and any related master plan shall 
     require the mutual assent of the parties to the agreement.
       (C) Limitation.--In no case shall the use of the Federal 
     land conveyed under subsection (a)(1)(B) compromise the 
     national security mission or avigation rights of Nellis Air 
     Force Base.
       (c) Use of Federal Land.--
       (1) In general.--The System may use the Federal land 
     conveyed under subsection (a)(1) for--
       (A) any purpose relating to the establishment, operation, 
     growth, and maintenance of the System; and
       (B) any uses relating to the purposes, including 
     residential and commercial development that would generally 
     be associated with an institution of higher education.
       (2) Other entities.--The System may--
       (A) consistent with Federal and State law, lease, or 
     otherwise provide property or space at, the Campuses, with or 
     without consideration, to religious, public interest, 
     community, or other groups for services and events that are 
     of interest to the System or to any community located in 
     southern Nevada;
       (B) allow any other communities in southern Nevada to use 
     facilities of the Campuses for educational and recreational 
     programs of the community; and
       (C) in conjunction with the city of Las Vegas, North Las 
     Vegas, or Pahrump or Clark or Nye County plan, finance 
     (including through the provision of cost-share assistance), 
     construct, and operate facilities for the city of Las Vegas, 
     North Las Vegas, or Pahrump or Clark or Nye County on the 
     Federal land conveyed for educational or recreational 
     purposes consistent with this section.
       (d) Reversion.--
       (1) In general.--If the Federal land or any portion of the 
     Federal land conveyed under subsection (a)(1) ceases to be 
     used for the System, the Federal land, or any portion of the 
     Federal land shall, at the discretion of the Secretary, 
     revert to the United States.
       (2) University of nevada, las vegas.--If the System fails 
     to complete the first building or show progression toward 
     development of the University of Nevada, Las Vegas campus on 
     the applicable parcels of Federal land by the date that is 50 
     years after the date of receipt of certification of 
     acceptable remediation of environmental conditions, the 
     parcels of the Federal land described in section 3(3)(B) 
     shall, at the discretion of the Secretary, revert to the 
     United States.

     SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as are 
     necessary to carry out this Act.
                                 ______
                                 
      By Mr. GRASSLEY (for himself, Mr. Lieberman, and Ms. Collins):

[[Page S4968]]

  S. 942. A bill to prevent the abuse of Government charge cards; to 
the Committee on Homeland Security and Governmental Affairs.
  Mr. GRASSLEY. Mr. President, today, I am reintroducing the Government 
Charge Card Abuse Prevention Act to ensure that federal departments and 
agencies do not take the eye off the ball when it comes to spending the 
taxpayers' money. I have put in a lot of time and effort to call 
attention to instances of waste, fraud, and abuse using government 
charge cards while agencies were looking the other way. Now I want to 
make sure that they stay on top of this issue.
  In 1998, the General Service Administration's, GSA, entered into a 
contract with a set of commercial banks to utilize charge cards, not 
unlike those used by businesses large and small and millions of 
consumers worldwide. This is called the SmartPay' program. 
These Government charge cards include government purchase cards, which 
are used for acquisition of commercial goods and services by agencies 
and paid directly by the agency, and Government travel cards, which are 
used to pay for individual Government travel expenses and issued in the 
name of individual government employees.
  Government charge cards were intended as a low cost method to 
streamline government acquisition and travel processes. The whole idea 
was to adopt the best practices of the commercial sector. In the 
business sector, charge cards have been a success. They save time and 
money. The main reason they work so well is because the control 
environment in the private sector is rock solid and accountability is a 
fact of life. When a business is spending its own money, it is going to 
be sure that it accounts for every penny or it would not stay in 
business. As a result, in corporate America, if an employee is caught 
abusing a card, they'll lose it or get fired.
  This was not the case when the Federal Government began using charge 
cards. Federal agencies did not put in place the necessary controls to 
make sure that all spending on charge cards was legitimate. When I 
started looking into this with the Government Accountability Office, 
GAO, we uncovered blatant examples of wasteful spending like LA-Z-Boy 
reclining rocking chairs, kitchen appliances, and even a sapphire ring 
being paid for with Government purchase cards, with the American 
taxpayer paying the bill.
  Government travel cards have been used for gambling, sporting events, 
concerts, cruises, and even gentlemen's clubs and legalized brothels! 
While travel cards are not paid directly with taxpayers' money like 
purchase cards, failure by employees to repay these cards results in 
the loss of millions of dollars in rebates to the federal government. 
Also, when credit card companies are forced to charge off bad debt, 
they raise interest rates and fees on everyone else.
  A series of GAO reports over the last decade have identified an 
inadequate and inconsistent control environment across numerous federal 
agencies with respect to both government purchase cards and Government 
travel cards. This has led to millions of dollars in taxpayers' money 
wasted. In some cases purchases were outright fraudulent, and others 
were of questionable need or were unnecessarily expensive. In each 
report it has issued, the GAO has made recommendations about what kind 
of controls need to be implemented to prevent such abuses from 
occurring in the future. In many cases, the same controls were often 
missing or inadequate, and therefore the same recommendations are 
repeated in report after report. One agency would promise to clean up 
its act, but then we would find the exact same problems with another. 
That is why I worked to develop legislation that would incorporate 
GAO's recommendations regarding some of the most basic controls needed 
in every agency to prevent abuse of government charge cards.
  As a result of the pressure applied by the relentless oversight of 
Congress, the GAO, and agency Inspectors General, we have seen some 
progress toward establishing a better control environment. In fact, the 
Office of Management and Budget has issued a circular to agencies that 
seeks to bring about many of the controls we identified. However, this 
progress would not have been possible without the continual spotlight 
being shone on the problem and the threat of congressional action. It 
is also clear that we still have a way to go in stamping out abuse of 
government charge cards as evidenced by a GAO report on the internal 
controls for purchase cards governmentwide that came out just last 
year.
  That report found that a weak control environment led to government 
purchase cards being used for items like iPods at NASA, internet dating 
and pornographic sites at the Postal Service, women's lingerie from a 
place called ``Seduction Boutique'' at the State Department that was 
supposedly for use during jungle training'', and over $642,000 over six 
years in fraudulent payments at the USDA for the cardholder's live-in 
boyfriend. These funds went for personal expenditures like gambling, 
car loan and mortgage payments, and other retail purchases. Clearly we 
still have a problem and that's why I'm determined to make sure this 
situation is fixed once and for all.
  In addition to requiring federal agencies to establish a series of 
basic and vital internal controls that the GAO has found lacking in 
many cases, my bill would also provide that each agency Inspector 
General periodically conduct risk assessments of agency purchase card 
and travel card programs and perform periodic audits to identify 
potentially fraudulent, improper, and abusive use of cards. We have had 
great success working with Inspectors General using techniques like 
data mining to reveal instances of improper use of government charge 
cards. Having this information on an ongoing basis will help maintain 
and strengthen a rigorous system of internal controls to prevent future 
instances of waste, fraud, and abuse with government charge cards.
  My bill also requires agencies to establish penalties so that 
employees who abuse government charge cards will face real and 
consistent consequences. This is necessary not only so that taxpayers 
know that those who would squander their money are held accountable, 
but also to send a message to other government employees that such 
behavior will not be tolerated. In fact, these penalties must include 
dismissal in serious circumstances.
  This legislation has been revised a number of times with considerable 
input from the GAO as well as the Inspector General community and other 
stakeholders. I am also glad to have Chairman Lieberman and Ranking 
Member Collins as original cosponsors of this bill. Their help, 
assistance, and support has been very much appreciated as this 
legislation has developed. The result is a carefully considered and 
targeted piece of legislation that I look forward to seeing become law. 
I know that will give me and a great many American taxpayers more peace 
of mind about how their money is being spent.
                                 ______
                                 
      By Mr. FEINGOLD:
  S. 944. A bill to amend title 10, United States Code, to require the 
Secretaries of the military departments to give wounded members of the 
reserve components of the Armed Forces the option of remaining on 
active duty during the transition process in order to continue to 
receive military pay and allowances, to authorize members to reside at 
their permanent places of residence during the process, and for other 
purposes; to the Committee on Armed Services.
  Mr. FEINGOLD. Mr. President, the Armed Forces have come a long way in 
addressing the bureaucratic hurdles that have long plagued wounded 
service members transitioning out of the Services. However, much more 
remains to be done to ensure that wounded service members do not go 
without income, due to injuries sustained in the line of duty. 
Currently, many are going without compensation of any kind because they 
are never told about the patchwork of programs designed to care for 
them as they transition back to civilian life and into the VA. This has 
been an issue of particular concern for members of the Reserve 
Components. Therefore, Sen. Murkowski and I are introducing the Wounded 
Warrior Transition Assistance Act to help ensure that wounded 
reservists and members of the Guard are informed of the various 
programs to compensate them for their injuries before they separate

[[Page S4969]]

from the military and to guarantee that there is no gap in income as 
they transition into the VA.
  This bill was inspired by a young soldier from Wisconsin who came to 
me for assistance when he returned from Iraq with serious wounds. He 
had been separated from the Army without going through the medical 
discharge process even though he had sustained a serious injury that 
impaired his ability to work. No one had informed him that he may have 
been entitled to medical retirement, temporary disability retirement, 
combat-related special compensation or incapacitation pay due to the 
extent of his injuries. After his separation, it took several months 
for the VA to review all of his claims and begin compensating him for 
his injuries during which time his family struggled to get by. Now, 
nearly a year since he first contacted me, the Army has recognized its 
mistake and plans to evaluate him for medical retirement or placement 
on the temporary disability retirement list.
  Unfortunately, this is a systemic issue. The Wisconsin National Guard 
has estimated that, in Wisconsin alone, there have been a dozen cases 
of wounded service members who were eligible for military compensation 
for their injuries who never received it and were instead sent home 
with nothing only to have to wait for the VA to process their claims. 
This has compromised their ability to focus on their recovery.
  Members of my staff have been told by several officials within the 
Defense Department that they continue to see members of the Reserve 
Components given disparate and unequal treatment with regard to the 
medical discharge process. This legislation is urgently needed to 
ensure that wounded service members receive counseling about these 
issues before discharge so that they can make an educated decision 
about their treatment. Congress must act to convey the importance of 
this issue and to set a floor for how the Department will handle 
wounded members of the Reserve Components.
  This bill would prohibit the discharge of wounded members of the 
Reserve Components until they have been evaluated for their eligibility 
for the various programs to assist wounded service members. The service 
member may elect to separate from the Armed Services after consulting 
with a JAG attorney. For those undergoing evaluation, the bill would 
ensure that they are returned to their home, if medically feasible, 
during the process. The Services currently have community-based wounded 
transition units established for this purpose.
  If someone was prematurely discharged and cannot work due to his or 
her injury, the bill would require the relevant Service to return him 
or her to active duty, if the service member chooses to do so. It would 
also ensure that the Reserve Components have access to Defense Health 
Program funds. These measures will help ensure that future service 
members will not face the gap in income that created such a hardship 
for my constituent and his family. It is the least we can do.
  In addition, this bill would ensure that wounded service members have 
trained advocates to help them navigate the entire medical discharge 
process. The fiscal year 2008 National Defense Authorization Act 
required the Defense Department to, among other things, provide service 
members with legal counsel during the physical disability evaluation 
process. In September 2008, the Government Accountability Office, GAO, 
found that only 5 of 35 Army treatment facilities had legal personnel 
dedicated to providing assistance during the disability evaluations 
process.
  In addition, GAO has reported that there are still insufficient JAG 
attorneys to provide comprehensive legal support early in the 
evaluation process. According to Army staff, if attorneys counseled 
service members earlier in the discharge process, starting with the 
medical evaluation board process, service members could have a better 
understanding of what steps to take to ensure that they receive any 
compensation to which they may be entitled. Early outreach could also 
help to make the disability evaluation process proceed faster and more 
efficiently. This bill would require the Armed Services to hire 
sufficient personnel to provide comprehensive legal support early in 
the evaluation process.
  At the same time, we should do everything possible to take advantage 
of veteran service officers who offer this counseling free of charge 
and at no cost to the federal government. Federal law requires 
commanders to make space available on base for chartered veteran 
service organizations that provide counseling to wounded service 
members. Therefore, I was extremely troubled to learn last year that 
several veteran service organizations that provide assistance to 
wounded service members, free of charge, including the Disabled 
American Veterans, the Veterans of Foreign Wars, the Paralyzed Veterans 
of America and the National Veterans Legal Services Project, were all 
having trouble accessing U.S. bases for the purpose of providing 
counseling to wounded service members.
  This bill would reiterate that the Armed Services are required by law 
to provide the space needed for wounded service members to receive 
counseling from trained advocates, especially during this time of war 
when so many are returning with serious wounds. Furthermore, it 
requires the Services to broadly disseminate information on the 
existence of the Wounded Warrior Resource Center, which, among other 
things, provides legal referrals.
  This bill should not be costly. The Army has requested about 20 
additional attorneys. The vast majority of the wounded service members 
will be medically discharged with retirement pay or other compensation 
and will not be in need of the assistance provided by this bill. 
Furthermore, the requirement that the Services retain wounded service 
members until they have been evaluated will sunset after five years, at 
which time it is my hope that the rate of deployments and subsequent 
injuries will be vastly lower.
  Nonetheless, I have provided an ample offset to cover the costs of 
the bill. According to the Office of Management and Budget, the Defense 
Department recovered over $600 million in overpayments to contractors 
over the last 4 years. The Department identified but did not recover an 
additional $273 million. The funds needed to provide for these wounded 
service members during the evaluation process would come from the 
recoupment of these overpayments.
  The National Guard Bureau has informed me that this legislation would 
go a long way to closing one of the remaining gaps in care for those 
transitioning from the Armed Forces to the VA. I am pleased that the 
legislation has been endorsed by the Disabled American Veterans, the 
Iraq and Afghanistan Veterans of America, Military Officers Association 
of America, the National Guard Association of the U.S. and the enlisted 
National Guard Association of the U.S.
                                 ______
                                 
      By Mr. FEINGOLD (for himself, Mr. Kennedy, Mr. Kohl, and Mr. 
        Reid):
  S. 945. A bill to require the Secretary of the Treasury to mint coins 
in commemoration of Robert M. La Follette, Sr., in recognition of his 
important contributions to the Progressive movement, the State of 
Wisconsin, and the United States; to the Committee on Banking, Housing, 
and Urban Affairs.
  Mr. FEINGOLD. Mr. President, I wish today to honor the extraordinary 
life of Robert M. La Follette Sr. This weekend, people around my home 
State of Wisconsin, the U.S. and the world will celebrate the 100th 
anniversary of the Progressive Magazine, which was founded by Bob La 
Follette and his wife Belle Case La Follette. The Progressive has been 
a powerful force for change and a leading advocate for civil rights, 
civil liberties, women's rights, clean Government, and many other 
priorities since its inception 100 years ago.
  Throughout his life, La Follette was known for his diligent service 
to the people of Wisconsin and to the people of the U.S. His dogged, 
full-steam-ahead approach to his life's work earned him the nickname 
``Fighting Bob.''
  Robert Marion La Follette, Sr., was born on June 14, 1855, in 
Primrose, a small town southwest of Madison in Dane County. He 
graduated from the University of Wisconsin Law School in 1879 and, 
after being admitted to the State bar, began his long career in public 
service as Dane County district attorney.

[[Page S4970]]

  La Follette was elected to the U.S. House of Representatives in 1884, 
and he served three terms as a member of that body, where he was a 
member of the Ways and Means Committee.
  After losing his campaign for reelection in 1890, La Follette 
returned to Wisconsin and continued to serve the people of my State as 
a judge. Upon his exit from Washington DC, a reporter wrote, La 
Follette ``is popular at home, popular with his colleagues, and popular 
in the House. He is so good a fellow that even his enemies like him.''
  He was elected the 20th Governor of Wisconsin in 1900. He served in 
that office until 1906, when he stepped down in order to serve the 
people of Wisconsin in the U.S. Senate, where he remained until his 
death in 1925.
  A founder of the national progressive movement, La Follette 
championed progressive causes as governor of Wisconsin and in the U.S. 
Congress. As governor, he advanced an agenda that included the 
country's first workers compensation system, direct election of U.S. 
Senators, and railroad rate and tax reforms. Collectively, these 
reforms would become known as the ``Wisconsin Idea.'' As governor, La 
Follette also supported cooperation between the State and the 
University of Wisconsin.
  His terms in the House of Representatives and the Senate were spent 
fighting for women's rights, working to limit the power of monopolies, 
and opposing pork barrel legislation. La Follette also advocated 
electoral reforms, and he brought his support for the direct election 
of U.S. Senators to this body. His efforts were brought to fruition 
with the ratification of the Seventeenth Amendment in 1913. Fighting 
Bob also worked tirelessly to hold the Government accountable, and was 
a key figure in exposing the Teapot Dome Scandal.
  La Follette earned the respect of such notable Americans as Frederick 
Douglass, Booker T. Washington and Harriet Tubman Upton for making 
civil rights one of his trademark issues. At a speech before the 1886 
graduating class of Howard University, La Follette said, ``We are one 
people, one by truth, one almost by blood. Our lives run side by side, 
our ashes rest in the same soil. [Seize] the waiting world of 
opportunity. Separatism is snobbish stupidity, it is supreme folly, to 
talk of non-contact, or exclusion!''
  La Follette ran for President three times, twice as a Republican and 
once on the Progressive ticket. In 1924, as the Progressive candidate 
for president, La Follette garnered approximately 17 percent of the 
popular vote and carried the State of Wisconsin.
  La Follette's years of public service were not without controversy. 
In 1917, he filibustered a bill to allow the arming of U.S. merchant 
ships in response to a series of German submarine attacks. His 
filibuster was successful in blocking passage of this bill in the 
closing hours of the 64th Congress. Soon after, La Follette was one of 
only 6 Senators who voted against U.S. entry into World War I.
  Fighting Bob was outspoken in his belief that the right to free 
speech did not end when war began. In the fall of 1917, La Follette 
gave a speech about the war in Minnesota, and he was misquoted in press 
reports as saying that he supported the sinking of the Lusitania. The 
Wisconsin State Legislature condemned his supposed statement as 
treason, and some of La Follette's Senate colleagues introduced a 
resolution to expel him. In response to this action, he delivered his 
seminal floor address, ``Free Speech in Wartime,'' on October 6, 1917. 
If you listen closely, you can almost hear his strong voice echoing 
through this chamber as he said: ``Mr. President, our government, above 
all others, is founded on the right of the people freely to discuss all 
matters pertaining to their government, in war not less than in peace, 
for in this government, the people are the rulers in war no less than 
in peace.''
  Of the expulsion petition filed against him, La Follette said:

       I am aware, Mr. President, that in pursuance of this 
     general campaign of vilification and attempted intimidation, 
     requests from various individuals and certain organizations 
     have been submitted to the Senate for my expulsion from this 
     body, and that such requests have been referred to and 
     considered by one of the Committees of the Senate.
       If I alone had been made the victim of these attacks, I 
     should not take one moment of the Senate's time for their 
     consideration, and I believe that other Senators who have 
     been unjustly and unfairly assailed, as I have been, hold the 
     same attitude upon this that I do. Neither the clamor of the 
     mob nor the voice of power will ever turn me by the breadth 
     of a hair from the course I mark out for myself, guided by 
     such knowledge as I can obtain and controlled and directed by 
     a solemn conviction of right and duty.

  This powerful speech led to a Senate investigation of whether La 
Follette's conduct constituted treason. In 1919, following the end of 
World War I, the Senate dropped its investigation and reimbursed La 
Follette for the legal fees he incurred as a result of the expulsion 
petition and corresponding investigation. This incident is indicative 
of Fighting Bob's commitment to his ideals and of his tenacious spirit.
  La Follette died on June 18, 1925, in Washington, DC, while serving 
Wisconsin in this body. His daughter noted, ``His passing was 
mysteriously peaceful for one who had stood so long on the battle 
line.'' Mourners visited the Wisconsin Capitol to view his body, and 
paid respects in a crowd nearing 50,000 people. La Follette's son, 
Robert M. La Follette, Jr., was elected to serve in the U.S. Senate 
after his father's death and served in this body for more than 20 
years, following the progressive path blazed by his father.
  La Follette has been honored a number of times for his unwavering 
commitment to his ideals and for his service to the people of Wisconsin 
and of the United States.
  During the 109th Congress, I was proud to support Senate passage of a 
bill introduced in the House of Representatives by Congresswoman Tammy 
Baldwin that named the post office at 215 Martin Luther King, Jr., 
Boulevard in Madison in La Follette's honor. I commend Congresswomen 
Baldwin for her efforts to pass that bill and I am pleased she is 
introducing House companion measures of the legislation I am 
introducing today in the Senate.
  The Library of Congress recognized La Follette in 1985 by naming the 
Congressional Research Service reading room in the Madison Building in 
honor of both Fighting Bob and his son, Robert M. La Follette, Jr., for 
their shared commitment to the development of a legislative research 
service to support the U.S. Congress. In his autobiography, Fighting 
Bob noted that, as governor of Wisconsin, he ``made it a . . . policy 
to bring all the reserves of knowledge and inspiration of the 
university more fully to the service of the people. . . . Many of the 
university staff are now in state service, and a bureau of 
investigation and research established as a legislative reference 
library . . . has proved of the greatest assistance to the legislature 
in furnishing the latest and best thought of the advanced students of 
government in this and other countries.'' He went on to call this 
service ``a model which the federal government and ultimately every 
state in the union will follow.'' Thus, the legislative reference 
service that La Follette created in Madison served as the basis for his 
work to create the Congressional Research Service at the Library of 
Congress.

  The La Follette Reading Room was dedicated on March 5, 1985, the 
100th anniversary of Fighting Bob being sworn in for his first term as 
a Member of Congress.
  Across the magnificent Capitol in National Statuary Hall, Fighting 
Bob is forever immortalized in white marble, still proudly representing 
the state of Wisconsin. His statue resides in the Old House Chamber, 
now known as National Statuary Hall, among those of other notable 
figures who have made their marks in American history. One of the few 
seated statues is that of Fighting Bob. Though he is sitting, he is 
shown with one foot forward, and one hand on the arm of his chair, as 
if he is about to leap to his feet and begin a robust speech.
  When then-Senator John F. Kennedy's 5-member Special Committee on the 
Senate Reception Room chose La Follette as one of the ``Five 
Outstanding Senators'' whose portraits would hang outside of this 
chamber in the Senate reception room, he was described as being a 
``ceaseless battler for the underprivileged'' and a ``courageous 
independent.'' Today, his painting still hangs just outside this 
chamber, where it bears witness to the proceedings of this body--and, 
perhaps, challenges his successors here to continue fighting for the 
social and government reforms he championed.
  To honor Robert M. La Follette, Sr., during the week of the 
anniversary of

[[Page S4971]]

the Progressive Magazine, today I am introducing two pieces of 
legislation. I am pleased to be joined in this effort by the senior 
Senator from Wisconsin, Senator Kohl and the senior Senator from 
Massachusetts, Senator Kennedy.
  I am introducing a bill that would direct the Secretary of the 
Treasury to mint coins to commemorate Fighting Bob's life and legacy. 
The second bill that I am introducing today would authorize the 
President to posthumously award a gold medal on behalf of Congress to 
Robert M. La Follette, Sr. The minting of a commemorative coin and the 
awarding of the Congressional Gold Medal would be fitting tributes to 
the memory of Robert M. La Follette, Sr., and to his deeply held 
beliefs and long record of service to his State and to his country. I 
hope that my colleagues will support these proposals.
  Let us never forget Robert M. La Follette, Sr.'s character, his 
integrity, his deep commitment to Progressive causes, and his 
unwillingness to waver from doing what he thought was right. The Senate 
has known no greater champion of the common man and woman, no greater 
enemy of corruption and cronyism, than ``Fighting Bob'' La Follette, 
and it is an honor to speak in the same chamber, and serve the same 
great State, as he did.
                                 ______
                                 
      By Mr. BINGAMAN (for himself, Ms. Murkowski, Mr. Dorgan, Mr. 
        Voinovich, Ms. Stabenow, Mr. Lugar, and Mrs. Shaheen):
  S. 949. A bill to improve the loan guarantee program of the 
Department of Energy under title XVII of the Energy Policy Act of 2005, 
to provide additional options for deploying energy technologies, and 
for other purposes; to the Committee on Energy and Natural Resources.
  Mr. BINGAMAN. Mr. President, I am pleased today to introduce the 21st 
Century Energy Technology Deployment Act with my colleagues Senators 
Murkowski, Dorgan, Voinovich, Stabenow, Lugar, and Shaheen. I would 
particularly like to thank Senator Murkowski for her thoughtful input.
  As I have said previously on this floor, I am a strong proponent of 
pricing carbon dioxide emissions in order to properly align the 
incentives of the marketplace to avoid the very real costs of 
catastrophic climate change. I am happy to see that discussion has 
begun both here and in the other body. However, we should be careful 
not to think that when we do price in the effects of carbon emissions, 
which I believe will happen, then we have solved the entire problem.
  As the current economic downturn and credit climate make clear, even 
when we do get the incentives straight, that is no guarantee that the 
means will be available to developers and individuals to make the smart 
investments they want to make. That is where this bill comes in; to 
fill in critical financing gap and bring down the costs of the 
investments that will not only increase our climate and energy 
security, but help put the U.S. in a leadership position in these 
technologies that I believe will be in great demand in the coming 
years.
  I hope that the Energy Committee will agree to include this provision 
in the comprehensive energy legislation the Committee is currently 
working on. I will have more to say about the measure as we get further 
along in that process.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 949

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``21st Century Energy 
     Technology Deployment Act''.

     SEC. 2. PURPOSE.

       The purpose of this Act is to promote the domestic 
     development and deployment of clean energy technologies 
     required for the 21st century through the improvement of 
     existing programs and the establishment of a self-sustaining 
     Clean Energy Deployment Administration that will provide for 
     an attractive investment environment through partnership with 
     and support of the private capital market in order to promote 
     access to affordable financing for accelerated and widespread 
     deployment of--
       (1) clean energy technologies;
       (2) advanced or enabling energy infrastructure 
     technologies;
       (3) energy efficiency technologies in residential, 
     commercial, and industrial applications, including end-use 
     efficiency in buildings; and
       (4) manufacturing technologies for any of the technologies 
     or applications described in this section.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Administration.--The term ``Administration'' means the 
     Clean Energy Deployment Administration established by section 
     6.
       (2) Administrator.--The term ``Administrator'' means the 
     Administrator of the Administration.
       (3) Advisory council.--The term ``Advisory Council'' means 
     the Energy Technology Advisory Council of the Administration.
       (4) Breakthrough technology.--The term ``breakthrough 
     technology'' means a clean energy technology that--
       (A) presents a significant opportunity to advance the goals 
     developed under section 5, as assessed under the methodology 
     established by the Advisory Council; but
       (B) has generally not been considered a commercially ready 
     technology as a result of high perceived technology risk or 
     other similar factors.
       (5) Clean energy technology.--The term ``clean energy 
     technology'' means a technology related to the production, 
     use, transmission, storage, control, or conservation of 
     energy--
       (A) that will--
       (i) reduce the need for additional energy supplies by using 
     existing energy supplies with greater efficiency or by 
     transmitting, distributing, or transporting energy with 
     greater effectiveness through the infrastructure of the 
     United States;
       (ii) diversify the sources of energy supply of the United 
     States to strengthen energy security and to increase supplies 
     with a favorable balance of environmental effects if the 
     entire technology system is considered; or
       (iii) contribute to a stabilization of atmospheric 
     greenhouse gas concentrations thorough reduction, avoidance, 
     or sequestration of energy-related emissions; and
       (B) for which, as determined by the Administrator, 
     insufficient commercial lending is available to allow for 
     widespread deployment.
       (6) Cost.--The term ``cost'' has the meaning given the term 
     in section 502 of the Federal Credit Reform Act of 1990 (2 
     U.S.C. 661a).
       (7) Direct loan.--The term ``direct loan'' has the meaning 
     given the term in section 502 of the Federal Credit Reform 
     Act of 1990 (2 U.S.C. 661a).
       (8) Fund.--The term ``Fund'' means the Clean Energy 
     Investment Fund established by section 4(a).
       (9) Loan guarantee.--The term ``loan guarantee'' has the 
     meaning given the term in section 502 of the Federal Credit 
     Reform Act of 1990 (2 U.S.C. 661a).
       (10) National laboratory.--The term ``National Laboratory'' 
     has the meaning given the term in section 2 of the Energy 
     Policy Act of 2005 (42 U.S.C. 15801).
       (11) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.
       (12) Security.--The term ``security'' has the meaning given 
     the term in section 2 of the Securities Act of 1933 (15 
     U.S.C. 77b).
       (13) State.--The term ``State'' means--
       (A) a State;
       (B) the District of Columbia;
       (C) the Commonwealth of Puerto Rico; and
       (D) any other territory or possession of the United States.
       (14) Technology risk.--The term ``technology risk'' means 
     the risks during construction or operation associated with 
     the design, development, and deployment of clean energy 
     technologies (including the cost, schedule, performance, 
     reliability and maintenance, and accounting for the perceived 
     risk), from the perspective of commercial lenders, that may 
     be increased as a result of the absence of adequate 
     historical construction, operating, or performance data from 
     commercial applications of the technology.

     SEC. 4. IMPROVEMENTS TO EXISTING PROGRAMS.

       (a) Clean Energy Investment Fund.--.
       (1) Establishment.--There is established in the Treasury of 
     the United States a revolving fund, to be known as the 
     ``Clean Energy Investment Fund'', consisting of--
       (A) such amounts as have been appropriated for 
     administrative expenses to carry out title XVII of the Energy 
     Policy Act of 2005 (42 U.S.C. 16511 et seq.);
       (B) such amounts as are deposited in the Fund under this 
     Act and amendments made by this Act; and
       (C) such sums as may be appropriated to supplement the 
     Fund.
       (2) Expenditures from fund.--
       (A) In general.--Notwithstanding section 1705(e) of the 
     Energy Policy Act of 2005 (42 U.S.C. 16516(e)), amounts in 
     the Fund shall be available to the Secretary for obligation 
     without fiscal year limitation, to remain available until 
     expended.
       (B) Administrative expenses.--
       (i) Fees.--Fees collected for administrative expenses shall 
     be available without limitation to cover applicable expenses.
       (ii) Fund.--To the extent that administrative expenses are 
     not reimbursed through fees, an amount not to exceed 1.5 
     percent of the amounts in the Fund as of the beginning of 
     each fiscal year shall be available to pay the administrative 
     expenses for the fiscal

[[Page S4972]]

     year necessary to carry out title XVII of the Energy Policy 
     Act of 2005 (42 U.S.C. 16511 et seq.).
       (3) Transfers of amounts.--
       (A) In general.--The amounts required to be transferred to 
     the Fund under this subsection shall be transferred at least 
     monthly from the general fund of the Treasury to the Fund on 
     the basis of estimates made by the Secretary of the Treasury.
       (B) Adjustments.--Proper adjustment shall be made in 
     amounts subsequently transferred to the extent prior 
     estimates were in excess of or less than the amounts required 
     to be transferred.
       (b) Revisions to Loan Guarantee Program Authority.--
       (1) Definition of commercial technology.--Section 1701(1) 
     of the Energy Policy Act of 2005 (42 U.S.C. 16511(1)) is 
     amended by striking subparagraph (B) and inserting the 
     following:
       ``(B) Exclusion.--The term `commercial technology' does not 
     include a technology if the sole use of the technology is in 
     connection with--
       ``(i) a demonstration project; or
       ``(ii) a project for which the Secretary approved a loan 
     guarantee.''.
       (2) Specific appropriation or contribution.--Section 1702 
     of the Energy Policy Act of 2005 (42 U.S.C. 16512) is amended 
     by striking subsection (b) and inserting the following:
       ``(b) Specific Appropriation or Contribution.--
       ``(1) In general.--No guarantee shall be made unless 
     sufficient amounts to account for the cost are available--
       ``(A) in unobligated balances within the Clean Energy 
     Investment Fund established under section 4(a) of the 21st 
     Century Energy Technology Deployment Act;
       ``(B) as a payment from the borrower and the payment is 
     deposited in the Clean Energy Investment Fund; or
       ``(C) in any combination of balances and payments described 
     in subparagraphs (A) and (B), respectively.
       ``(2) Limitation.--The source of payments received from a 
     borrower under paragraph (1)(B) shall not be a loan or other 
     debt obligation that is made or guaranteed by the Federal 
     Government.
       ``(3) Relation to other laws.--Section 504(b) of the 
     Federal Credit Reform Act of 1990 (2 U.S.C. 661c(b)) shall 
     not apply to a loan or loan guarantee under this section.''.
       (3) Subrogation.--Section 1702(g)(2) of the Energy Policy 
     Act of 2005 (42 U.S.C. 16512(g)(2)) is amended--
       (A) by striking subparagraph (B); and
       (B) by redesignating subparagraph (C) as subparagraph (B).
       (4) Fees.--Section 1702(h) of the Energy Policy Act of 2005 
     (42 U.S.C. 16512(h)) is amended by striking paragraph (2) and 
     inserting the following:
       ``(2) Availability.--Fees collected under this subsection 
     shall--
       ``(A) be deposited by the Secretary in the Clean Energy 
     Investment Fund established under section 4(a) of the 21st 
     Century Energy Technology Deployment Act; and
       ``(B) remain available to the Secretary for expenditure, 
     without further appropriation or fiscal year limitation, for 
     administrative expenses incurred in carrying out this title.
       ``(3) Adjustment.--The Secretary may adjust the amount or 
     manner of collection of fees under this title as the 
     Secretary determines is necessary to promote, to the maximum 
     extent practicable, eligible projects under this title.''.
       (5) Processing.--Section 1702 of the Energy Policy Act of 
     2005 (42 U.S.C. 16512) is amended by adding at the end the 
     following:
       ``(k) Accelerated Reviews.--To the maximum extent 
     practicable and consistent with sound business practices, the 
     Secretary shall seek to consolidate reviews of applications 
     for loan guarantees under this title such that decisions as 
     to whether to enter into a commitment on an application can 
     be issued not later than 180 days after the date of 
     submission of a completed application.''.
       (6) Wage rates.--Section 1705(c) of the Energy Policy Act 
     of 2005 (42 U.S.C. 16516(c)) is amended by striking ``support 
     under this section'' and inserting ``support under this 
     title''.

     SEC. 5. ENERGY TECHNOLOGY DEPLOYMENT GOALS.

       (a) Goals.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary, after consultation with 
     the Advisory Council, shall develop and publish for review 
     and comment in the Federal Register near-, medium-, and long-
     term goals (including numerical performance targets at 
     appropriate intervals to measure progress toward those goals) 
     for the deployment of clean energy technologies through the 
     credit support programs established by this Act (including an 
     amendment made by this Act) to promote--
       (1) sufficient electric generating capacity using clean 
     energy technologies to meet the energy needs of the United 
     States;
       (2) clean energy technologies in vehicles and fuels that 
     will substantially reduce the reliance of the United States 
     on foreign sources of energy and insulate consumers from the 
     volatility of world energy markets;
       (3) a domestic commercialization and manufacturing capacity 
     that will establish the United States as a world leader in 
     clean energy technologies across multiple sectors;
       (4) installation of sufficient infrastructure to allow for 
     the cost-effective deployment of clean energy technologies 
     appropriate to each region of the United States;
       (5) the transformation of the building stock of the United 
     States to zero net energy consumption;
       (6) the recovery, use, and prevention of waste energy;
       (7) domestic manufacturing of clean energy technologies on 
     a scale that is sufficient to achieve price parity with 
     conventional energy sources;
       (8) domestic production of commodities and materials (such 
     as steel, chemicals, polymers, and cement) using clean energy 
     technologies so that the United States will become a world 
     leader in environmentally sustainable production of the 
     commodities and materials;
       (9) a robust, efficient, and interactive electricity 
     transmission grid that will allow for the incorporation of 
     clean energy technologies, distributed generation, and 
     demand-response in each regional electric grid;
       (10) sufficient availability of financial products to allow 
     owners and users of residential, retail, commercial, and 
     industrial buildings to make energy efficiency and 
     distributed generation technology investments with reasonable 
     payback periods; and
       (11) such other goals as the Secretary, in consultation 
     with the Advisory Council, determines to be consistent with 
     the purposes of this Act.
       (b) Revisions.--The Secretary shall revise the goals 
     established under subsection (a), from time to time as 
     appropriate, to account for advances in technology and 
     changes in energy policy.

     SEC. 6. CLEAN ENERGY DEPLOYMENT ADMINISTRATION.

       (a) Establishment.--
       (1) In general.--There is established in the Department of 
     Energy an administration to be known as the Clean Energy 
     Deployment Administration, under the direction of the 
     Administrator and the Board of Directors.
       (2) Status.--
       (A) In general.--The Administration (including officers, 
     employees, and agents of the Administration) shall not be 
     responsible to, or subject to the authority, direction, or 
     control of, any other officer, employee, or agent of the 
     Department of Energy other than the Secretary, acting through 
     the Administrator.
       (B) Exemption from reorganization.--The Administration 
     shall be exempt from the reorganization authority provided 
     under section 643 of the Department of Energy Reorganization 
     Act (42 U.S.C. 7253).
       (C) Inspector general.--Section 12 of the Inspector General 
     Act of 1978 (5 U.S.C. App.) is amended--
       (i) in paragraph (1), by inserting ``the Administrator of 
     the Clean Energy Deployment Administration;'' after ``Export-
     Import Bank;''; and
       (ii) in paragraph (2), by inserting ``the Clean Energy 
     Deployment Administration,'' after ``Export-Import Bank,''.
       (3) Offices.--
       (A) Principal office.--The Administration shall--
       (i) maintain the principal office of the Administration in 
     the District of Columbia; and
       (ii) for purposes of venue in civil actions, be considered 
     to be a resident of the District of Columbia.
       (B) Other offices.--The Administration may establish other 
     offices in such other places as the Administration considers 
     necessary or appropriate for the conduct of the business of 
     the Administration.
       (b) Administrator.--
       (1) In general.--The Administrator shall be--
       (A) appointed by the President, with the advice and consent 
     of the Senate, for a 5-year term; and
       (B) compensated at the annual rate of basic pay prescribed 
     for level II of the Executive Schedule under section 5313 of 
     title 5, United States Code.
       (2) Duties.--The Administrator shall--
       (A) serve as the Chief Executive Officer of the 
     Administration and Chairman of the Board;
       (B) ensure that--
       (i) the Administration operates in a safe and sound manner, 
     including maintenance of adequate capital and internal 
     controls (consistent with section 404 of the Sarbanes-Oxley 
     Act of 2002 (15 U.S.C. 7262));
       (ii) the operations and activities of the Administration 
     foster liquid, efficient, competitive, and resilient energy 
     and energy efficiency finance markets;
       (iii) the Administration carries out the purposes of this 
     Act only through activities that are authorized under and 
     consistent with this Act; and
       (iv) the activities of the Administration and the manner in 
     which the Administration is operated are consistent with the 
     public interest;
       (C) develop policies and procedures for the Administration 
     that will--
       (i) promote a self-sustaining portfolio of investments that 
     will maximize the value of investments to effectively promote 
     clean energy technologies;
       (ii) promote transparency and openness in Administration 
     operations;
       (iii) afford the Administration with sufficient flexibility 
     to meet the purposes of this Act; and
       (iv) provide for the efficient processing of applications; 
     and
       (D) with the concurrence of the Board, set expected loss 
     reserves for the support provided by the Administration 
     consistent with section 7(a)(1)(C).
       (c) Board of Directors.--

[[Page S4973]]

       (1) In general.--The Board of Directors of the 
     Administration shall consist of--
       (A) the Secretary or the designee of the Secretary, who 
     shall serve as an ex-officio voting member of the Board of 
     Directors;
       (B) the Administrator, who shall serve as the Chairman of 
     the Board of Directors; and
       (C) 7 additional members who shall--
       (i) be appointed by the President, with the advice and 
     consent of the Senate, for staggered 5-year terms; and
       (ii) have experience in banking or financial services 
     relevant to the operations of the Administration, including 
     individuals with substantial experience in the development of 
     energy projects, the electricity generation sector, the 
     transportation sector, the manufacturing sector, and the 
     energy efficiency sector.
       (2) Duties.--The Board of Directors shall--
       (A) oversee the operations of the Administration and ensure 
     industry best practices are followed in all financial 
     transactions involving the Administration;
       (B) consult with the Administrator on the general policies 
     and procedures of the Administration to ensure the interests 
     of the taxpayers are protected;
       (C) ensure the portfolio of investments are consistent with 
     purposes of this Act and with the long-term financial 
     stability of the Administration;
       (D) ensure that the operations and activities of the 
     Administration are consistent with the development of a 
     robust private sector that can provide commercial loans or 
     financing products; and
       (E) not serve on a full-time basis, except that the Board 
     of Directors shall meet at least quarterly to review, as 
     appropriate, applications for credit support and set policies 
     and procedures as necessary.
       (3) Removal.--An appointed member of the Board of Directors 
     may be removed from office by the President for good cause.
       (4) Vacancies.--An appointed seat on the Board of Directors 
     that becomes vacant shall be filled by appointment by the 
     President, but only for the unexpired portion of the term of 
     the vacating member.
       (5) Compensation of members.--An appointed member of the 
     Board of Directors shall be compensated at a rate equal to 
     the daily equivalent of the annual rate of basic pay 
     prescribed for level III of the Executive Schedule under 
     section 5314 of title 5, United States Code, for each day 
     (including travel time) during which the member is engaged in 
     the performance of the duties of the Board of Directors.
       (d) Energy Technology Advisory Council.--
       (1) In general.--The Administration shall have an Energy 
     Technology Advisory Council consisting of--
       (A) 5 members selected by the Secretary; and
       (B) 3 members selected by the Board of Directors of the 
     Administration.
       (2) Qualifications.--The members of the Advisory Council 
     shall--
       (A) have relevant scientific expertise; and
       (B) in the case of the members selected by the Secretary 
     under paragraph (1)(A), include representatives of--
       (i) the academic community;
       (ii) the private research community;
       (iii) National Laboratories;
       (iv) the technology or project development community; and
       (v) the commercial energy financing and operations sector.
       (3) Duties.--The Advisory Council shall--
       (A) develop and publish for comment in the Federal Register 
     a methodology for assessment of clean energy technologies 
     that will allow the Administration to evaluate projects based 
     on the progress likely to be achieved per-dollar invested in 
     maximizing the attributes of the definition of clean energy 
     technology, taking into account the extent to which support 
     for a clean energy technology is likely to accrue subsequent 
     benefits that are attributable to a commercial scale 
     deployment taking place earlier than that which otherwise 
     would have occurred without the support; and
       (B) advise on the technological approaches that should be 
     supported by the Administration to meet the technology 
     deployment goals established by the Secretary pursuant to 
     section 5.
       (4) Term.--
       (A) In general.--Members of the Advisory Council shall have 
     5-year staggered terms, as determined by the Secretary and 
     the Administrator.
       (B) Reappointment.--A member of the Advisory Council may be 
     reappointed.
       (5) Compensation.--A member of the Advisory Council, who is 
     not otherwise compensated as a Federal employee, shall be 
     compensated at a rate equal to the daily equivalent of the 
     annual rate of basic pay prescribed for level IV of the 
     Executive Schedule under section 5315 of title 5, United 
     States Code, for each day (including travel time) during 
     which the member is engaged in the performance of the duties 
     of the Advisory Council.
       (e) Staff.--
       (1) In general.--The Administrator, in consultation with 
     the Board of Directors, may--
       (A) appoint and terminate such officers, attorneys, 
     employees, and agents as are necessary to carry out this Act; 
     and
       (B) vest those personnel with such powers and duties as the 
     Administrator may determine.
       (2) Direct hire authority.--
       (A) In general.--Notwithstanding section 3304 and sections 
     3309 through 3318 of title 5, United States Code, the 
     Administrator may, on a determination that there is a severe 
     shortage of candidates or a critical hiring need for 
     particular positions, recruit and directly appoint highly 
     qualified critical personnel with specialized knowledge 
     important to the function of the Administration into the 
     competitive service.
       (B) Exception.--The authority granted under subparagraph 
     (A) shall not apply to positions in the excepted service or 
     the Senior Executive Service.
       (C) Requirements.--In exercising the authority granted 
     under subparagraph (A), the Administrator shall ensure that 
     any action taken by the Administrator--
       (i) is consistent with the merit principles of section 2301 
     of title 5, United States Code; and
       (ii) complies with the public notice requirements of 
     section 3327 of title 5, United States Code.
       (D) Termination of effectiveness.--The authority provided 
     by this paragraph terminates effective on the date that is 2 
     years after the date of enactment of this Act.
       (3) Critical pay authority.--
       (A) In general.--Notwithstanding section 5377 of title 5, 
     United States Code, and without regard to the provisions of 
     that title governing appointments in the competitive service 
     or the Senior Executive Service and chapters 51 and 53 of 
     that title (relating to classification and pay rates), the 
     Administrator may establish, fix the compensation of, and 
     appoint individuals to critical positions needed to carry out 
     the functions of the Administration, if the Administrator 
     certifies that--
       (i) the positions require expertise of an extremely high 
     level in a financial, technical, or scientific field;
       (ii) the Administration would not successfully accomplish 
     an important mission without such an individual; and
       (iii) exercise of the authority is necessary to recruit an 
     individual who is exceptionally well qualified for the 
     position.
       (B) Limitations.--The authority granted under subparagraph 
     (A) shall be subject to the following conditions:
       (i) The number of critical positions authorized by 
     subparagraph (A) may not exceed 20 at any 1 time in the 
     Administration.
       (ii) The term of an appointment under subparagraph (A) may 
     not exceed 4 years.
       (iii) An individual appointed under subparagraph (A) may 
     not have been an Administration employee at any time during 
     the 2-year period preceding the date of appointment.
       (iv) Total annual compensation for any individual appointed 
     under subparagraph (A) may not exceed the highest total 
     annual compensation payable at the rate determined under 
     section 104 of title 3, United States Code.
       (v) An individual appointed under subparagraph (A) may not 
     be considered to be an employee for purposes of subchapter II 
     of chapter 75 of title 5, United States Code.
       (C) Notification.--Each year, the Administrator shall 
     submit to Congress a notification that lists each individual 
     appointed under this paragraph.

     SEC. 7. ADMINISTRATION FUNCTIONS.

       (a) Operational Units.--
       (1) Direct support.--
       (A) In general.--The Administration may issue direct loans, 
     letters of credit, loan guarantees, insurance products, or 
     such other credit enhancements or debt instruments (including 
     participation as a co-lender or a member of a syndication) as 
     the Administrator considers appropriate to deploy clean 
     energy technologies if the Administrator has determined that 
     deployment of the technologies would benefit or be 
     accelerated by the support.
       (B) Eligibility criteria.--In carrying out this paragraph 
     and awarding credit support to projects, the Administrator 
     shall account for--
       (i) how the technology rates based on an evaluation 
     methodology established by the Advisory Council;
       (ii) how the project fits with the goals established under 
     section 5; and
       (iii) the potential for the applicant to successfully 
     complete the project.
       (C) Risk.--
       (i) Expected loan loss reserve.--The Administrator shall 
     establish an expected loan loss reserve to account for 
     estimated losses attributable to activities under this 
     section that is consistent with the purposes of--

       (I) developing breakthrough technologies to the point at 
     which technology risk is largely mitigated;
       (II) achieving widespread deployment and advancing the 
     commercial viability of clean energy technologies; and
       (III) advancing the goals established under section 5.

       (ii) Initial expected loan loss reserve.--Until such time 
     as the Administrator determines sufficient data exist to 
     establish an expected loan loss reserve that is appropriate, 
     the Administrator shall consider establishing an initial rate 
     of 10 percent for the portfolio of investments under this 
     Act.
       (iii) Portfolio investment approach.--The Administration 
     shall--

       (I) use a portfolio investment approach to mitigate risk 
     and diversify investments across technologies;
       (II) to the maximum extent practicable and consistent with 
     long-term self-sufficiency, weigh the portfolio of 
     investments in

[[Page S4974]]

     projects to advance the goals established under section 5; 
     and
       (III) consistent with the expected loan loss reserve 
     established under this subparagraph, the purposes of this 
     Act, and section 6(b)(2)(B), provide the maximum practicable 
     percentage of support to promote breakthrough technologies.

       (iv) Loss rate review.--

       (I) In general.--The Board of Directors shall review on an 
     annual basis the loss rates of the portfolio to determine the 
     adequacy of the reserves.
       (II) Report.--Not later than 90 days after the date of the 
     initiation of the review, the Administrator shall submit to 
     the Committee on Energy and Natural Resources of the Senate 
     and the Committee on Energy and Commerce of the House of 
     Representatives a report describing the results of the review 
     and any recommended policy changes.

       (D) Application review.--
       (i) In general.--To the maximum extent practicable and 
     consistent with sound business practices, the Administration 
     shall seek to consolidate reviews of applications for credit 
     support under this Act such that final decisions on 
     applications can generally be issued not later than 180 days 
     after the date of submission of a completed application.
       (ii) Environmental review.--In carrying out this Act, the 
     Administration shall, to the maximum extent practicable--

       (I) avoid duplicating efforts that have already been 
     undertaken by other agencies (including State agencies acting 
     under Federal programs); and
       (II) with the advice of the Council on Environmental 
     Quality and any other applicable agencies, use the 
     administrative records of similar reviews conducted 
     throughout the executive branch to develop the most 
     expeditious review process practicable.

       (E) Wage rate requirements.--
       (i) In general.--No credit support shall be issued under 
     this section unless the borrower has provided to the 
     Administrator reasonable assurances that all laborers and 
     mechanics employed by contractors and subcontractors in the 
     performance of construction work financed in whole or in part 
     by the Administration will be paid wages at rates not less 
     than those prevailing on projects of a character similar to 
     the contract work in the civil subdivision of the State in 
     which the contract work is to be performed as determined by 
     the Secretary of Labor in accordance with subchapter IV of 
     chapter 31 of part A of subtitle II of title 40, United 
     States Code.
       (ii) Labor standards.--With respect to the labor standards 
     specified in this section, the Secretary of Labor shall have 
     the authority and functions set forth in Reorganization Plan 
     Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and 
     section 3145 of title 40, United States Code.
       (2) Indirect support.--
       (A) In general.--The Administration shall work to develop 
     financial products and arrangements to both promote the 
     widespread deployment of, and mobilize private sector support 
     of credit and investment institutions for, clean energy 
     technologies through securitization, indirect credit support, 
     or other similar means of credit enhancement.
       (B) Financial products.--The Administration--
       (i) in cooperation with Federal, State, local, and private 
     sector entities, shall develop debt instruments that provide 
     for the aggregation of, or directly aggregate, projects for 
     clean energy technology deployments on a scale appropriate 
     for residential or commercial applications; and
       (ii) may purchase, and make commitments to purchase, any 
     debt instrument associated with the deployment of clean 
     energy technologies for the purposes of enhancing the 
     availability of private financing for clean energy technology 
     deployments.
       (C) Disposition of debt or interest.--The Administration 
     may acquire, hold, and sell or otherwise dispose of, pursuant 
     to commitments or otherwise, any debt associated with the 
     deployment of clean energy technologies or interest in the 
     debt.
       (D) Pricing.--
       (i) In general.--The Administrator may establish 
     requirements, and impose charges or fees, which may be 
     regarded as elements of pricing, for different classes of 
     sellers, servicers, or services.
       (ii) Classification of sellers and servicers.--For the 
     purpose of clause (i), the Administrator may classify sellers 
     and servicers as necessary to promote transparency and 
     liquidity and properly characterize the risk of default.
       (E) Eligibility.--The Administrator shall establish--
       (i) eligibility criteria for loan originators, sellers, and 
     servicers seeking support for portfolios of financial 
     obligations relating to clean energy technologies so as to 
     ensure the capability of the loan originators, sellers, and 
     servicers to perform the functions required to maintain the 
     expected performance of the portfolios; and
       (ii) such criteria, standards, guidelines, and mechanisms 
     such that, to the maximum extent practicable, loan 
     originators and sellers will be able to determine the 
     eligibility of loans for resale at the time of initial 
     lending.
       (F) Secondary market support.--
       (i) In general.--The Administration may lend on the 
     security of, and make commitments to lend on the security of, 
     any debt that the Administration has issued or is authorized 
     to purchase under this section.
       (ii) Authorized actions.--On such terms and conditions as 
     the Administrator may prescribe, the Administration may, with 
     the concurrence of the Board of Directors--

       (I) borrow;
       (II) give security;
       (III) pay interest or other return; and
       (IV) issue notes, debentures, bonds, or other obligations 
     or securities.

       (G) Lending activities.--
       (i) In general.--The Administrator shall determine--

       (I) the volume of the lending activities of the 
     Administration; and
       (II) the types of loan ratios, risk profiles, interest 
     rates, maturities, and charges or fees in the secondary 
     market operations of the Administration.

       (ii) Objectives.--Determinations under clause (i) shall be 
     consistent with the objectives of--

       (I) providing an attractive investment environment for 
     clean energy technologies;
       (II) making the operations of the Administration self-
     supporting over the long term; and
       (III) advancing the goals established under section 5.

       (H) Exempt securities.--All securities issued or guaranteed 
     by the Administration shall, to the same extent as securities 
     that are direct obligations of or obligations guaranteed as 
     to principal or interest by the United States, be considered 
     to be exempt securities within the meaning of the laws 
     administered by the Securities and Exchange Commission.
       (b) Other Authorized Programs.--
       (1) In general.--The Secretary may delegate to the 
     Administration the provision of financial services and 
     program management for grant, loan, and other credit 
     enhancement programs authorized under any other provision of 
     law.
       (2) Administration.--In administering any other program 
     delegated by the Secretary, the Administration shall, to the 
     maximum extent practicable (as determined by the 
     Administrator)--
       (A) administer the program in a manner that is consistent 
     with the terms and conditions of this Act; and
       (B) minimize the administrative costs to the Federal 
     Government.

     SEC. 8. FEDERAL CREDIT AUTHORITY.

       (a) Transfer of Functions and Authority.--
       (1) In general.--Subject to paragraph (2), on a finding by 
     the Secretary and the Administrator that the Administration 
     is sufficiently ready to assume the functions and that 
     applicants to those programs will not be unduly adversely 
     affected but in no case later than 18 months after the date 
     of enactment of this Act, all of the functions and authority 
     of the Secretary under title XVII of the Energy Policy Act of 
     2005 (42 U.S.C. 16511 et seq.) and authorities established by 
     this Act shall be transferred to the Administration.
       (2) Failure to transfer functions.--If the functions and 
     authorities are not transferred to the Administration in 
     accordance with paragraph (1), the Secretary and the 
     Administrator shall submit to Congress a report on the 
     reasons for delay and an expected timetable for transfer of 
     the functions and authorities to the Administration.
       (3) Effect on existing rights and obligations.--The 
     transfer of functions and authority under this subsection 
     shall not affect the rights and obligations of any party that 
     arise under a predecessor program or authority prior to the 
     transfer under this subsection.
       (4) Transfer of fund authority.--On transfer of functions 
     pursuant to paragraph (1), the Administration shall have all 
     authorities to make use of the Fund reserved for the 
     Secretary before the transfer.
       (5) Use.--Amounts in the Fund shall be available for 
     discharge of liabilities and all other expenses of the 
     Administration, including subsequent transfer to the 
     respective credit program accounts.
       (6) Initial investment.--
       (A) In general.--On transfer of functions pursuant to 
     paragraph (1), out of any funds in the Treasury not otherwise 
     appropriated, the Secretary of the Treasury shall transfer to 
     the Fund to carry out this Act $10,000,000,000, to remain 
     available until expended.
       (B) Receipt and acceptance.--The Fund shall be entitled to 
     receive and shall accept, and shall be used to carry out this 
     Act, the funds transferred to the Fund under subparagraph 
     (A), without further appropriation. 
       (7) Authorization of appropriations.--In addition to funds 
     made available by paragraphs (1) through (6), there are 
     authorized to be appropriated to the Fund such sums as are 
     necessary to carry out this Act.
       (b) Payments of Liabilities.--
       (1) In general.--Any payment made to discharge liabilities 
     arising from agreements under this Act shall be paid out of 
     the Fund or the associated credit program account, as 
     appropriate.
       (2) Security.--The full faith and credit of the United 
     States is pledged to the payment of all obligations entered 
     into by the Administration pursuant to this Act.
       (c) Fees.--
       (1) In general.--Consistent with achieving the purposes of 
     this Act, the Administrator shall charge fees or collect 
     compensation generally in accordance with commercial rates.
       (2) Availability of fees.--All fees collected by the 
     Administration may be retained by the Administration and 
     placed in

[[Page S4975]]

     the Fund and may remain available to the Administration, 
     without further appropriation or fiscal year limitation, for 
     use in carrying out the purposes of this Act.
       (3) Breakthrough technologies.--The Administration shall 
     charge the minimum amount in fees or compensation practicable 
     for breakthrough technologies, consistent with the long-term 
     viability of the Administration, unless the Administration 
     first determines that a higher charge will not impede the 
     development of the technology.
       (4) Alternative fee arrangements.--The Administration may 
     use such alternative arrangements (such as profit 
     participation, contingent fees, and other valuable contingent 
     interests) as the Administration considers appropriate to 
     compensate the Administration for the expenses of the 
     Administration and the risk inherent in the support of the 
     Administration.
       (d) Cost Transfer Authority.--Amounts collected by the 
     Administration for the cost of a loan or loan guarantee shall 
     be transferred by the Administration to the respective credit 
     program accounts.
       (e) Supplemental Borrowing Authority.--In order to maintain 
     sufficient liquidity for activities authorized under section 
     7(a)(2), the Administration may issue notes, debentures, 
     bonds, or other obligations for purchase by the Secretary of 
     the Treasury.
       (f) Public Debt Transactions.--For the purpose of 
     subsection (e)--
       (1) the Secretary of the Treasury may use as a public debt 
     transaction the proceeds of the sale of any securities issued 
     under chapter 31 of title 31, United States Code; and
       (2) the purposes for which securities may be issued under 
     that chapter are extended to include any purchase under this 
     subsection.
       (g) Maximum Outstanding Holding.--The Secretary of the 
     Treasury shall purchase instruments issued under subsection 
     (e) to the extent that the purchase would not increase the 
     aggregate principal amount of the outstanding holdings of 
     obligations under subsection (e) by the Secretary of the 
     Treasury to an amount that is greater than $2,000,000,000.
       (h) Rate of Return.--Each purchase of obligations by the 
     Secretary of the Treasury under this section shall be on 
     terms and conditions established to yield a rate of return 
     determined by the Secretary of the Treasury to be 
     appropriate, taking into account the current average rate on 
     outstanding marketable obligations of the United States as of 
     the last day of the month preceding the purchase.
       (i) Sale of Obligations.--The Secretary of the Treasury may 
     at any time sell, on terms and conditions and at prices 
     determined by the Secretary of the Treasury, any of the 
     obligations acquired by the Secretary of the Treasury under 
     this section.
       (j) Public Debt Transactions.--All redemptions, purchases, 
     and sales by the Secretary of the Treasury of obligations 
     under this section shall be treated as public debt 
     transactions of the United States.

     SEC. 9. GENERAL PROVISIONS.

       (a) Immunity From Impairment, Limitation, or Restriction.--
       (1) In general.--All rights and remedies of the 
     Administration (including any rights and remedies of the 
     Administration on, under, or with respect to any mortgage or 
     any obligation secured by a mortgage) shall be immune from 
     impairment, limitation, or restriction by or under--
       (A) any law (other than a law enacted by Congress expressly 
     in limitation of this paragraph) that becomes effective after 
     the acquisition by the Administration of the subject or 
     property on, under, or with respect to which the right or 
     remedy arises or exists or would so arise or exist in the 
     absence of the law; or
       (B) any administrative or other action that becomes 
     effective after the acquisition.
       (2) State law.--The Administrator may conduct the business 
     of the Administration without regard to any qualification or 
     law of any State relating to incorporation.
       (b) Use of Other Agencies.--With the consent of a 
     department, establishment, or instrumentality (including any 
     field office), the Administration may--
       (1) use and act through any department, establishment, or 
     instrumentality;
       (2) use, and pay compensation for, information, services, 
     facilities, and personnel of the department, establishment, 
     or instrumentality.
       (c) Procurement.--The Administrator shall be the senior 
     procurement officer for the Administration for purposes of 
     section 16(a) of the Office of Federal Procurement Policy Act 
     (41 U.S.C. 414(a)).
       (d) Financial Matters.--
       (1) Investments.--Funds of the Administration may be 
     invested in such investments as the Board of Directors may 
     prescribe.
       (2) Fiscal agents.--Any Federal Reserve bank or any bank as 
     to which at the time of the designation of the bank by the 
     Administrator there is outstanding a designation by the 
     Secretary of the Treasury as a general or other depository of 
     public money, may be designated by the Administrator as a 
     depositary or custodian or as a fiscal or other agent of the 
     Administration.
       (e) Jurisdiction.--Notwithstanding section 1349 of title 
     28, United States Code, or any other provision of law--
       (1) the Administration shall be considered a corporation 
     covered by sections 1345 and 1442 of title 28, United States 
     Code;
       (2) all civil actions to which the Administration is a 
     party shall be considered to arise under the laws of the 
     United States, and the district courts of the United States 
     shall have original jurisdiction of all such actions, without 
     regard to amount or value; and
       (3) any civil or other action, case or controversy in a 
     court of a State, or in any court other than a district court 
     of the United States, to which the Administration is a party 
     may at any time before trial be removed by the 
     Administration, without the giving of any bond or security 
     and by following any procedure for removal of causes in 
     effect at the time of the removal--
       (A) to the district court of the United States for the 
     district and division embracing the place in which the same 
     is pending; or
       (B) if there is no such district court, to the district 
     court of the United States for the district in which the 
     principal office of the Administration is located.
       (f) Periodic Reports.--Not later than 1 year after 
     commencement of operation of the Administration and at least 
     biannually thereafter, the Administrator shall submit to the 
     Committee on Energy and Natural Resources of the Senate and 
     the Committee on Energy and Commerce of the House of 
     Representatives a report that includes a description of--
       (1) the technologies supported by activities of the 
     Administration and how the activities advance the purposes of 
     this Act; and
       (2) the performance of the Administration on meeting the 
     goals established under section 5.
       (g) Audits by the Comptroller General.--
       (1) In general.--The programs, activities, receipts, 
     expenditures, and financial transactions of the 
     Administration shall be subject to audit by the Comptroller 
     General of the United States under such rules and regulations 
     as may be prescribed by the Comptroller General.
       (2) Access.--The representatives of the Government 
     Accountability Office shall--
       (A) have access to the personnel and to all books, 
     accounts, documents, records (including electronic records), 
     reports, files, and all other papers, automated data, things, 
     or property belonging to, under the control of, or in use by 
     the Administration, or any agent, representative, attorney, 
     advisor, or consultant retained by the Administration, and 
     necessary to facilitate the audit;
       (B) be afforded full facilities for verifying transactions 
     with the balances or securities held by depositories, fiscal 
     agents, and custodians;
       (C) be authorized to obtain and duplicate any such books, 
     accounts, documents, records, working papers, automated data 
     and files, or other information relevant to the audit without 
     cost to the Comptroller General; and
       (D) have the right of access of the Comptroller General to 
     such information pursuant to section 716(c) of title 31, 
     United States Code.
       (3) Assistance and cost.--
       (A) In general.--For the purpose of conducting an audit 
     under this subsection, the Comptroller General may, in the 
     discretion of the Comptroller General, employ by contract, 
     without regard to section 3709 of the Revised Statutes (41 
     U.S.C. 5), professional services of firms and organizations 
     of certified public accountants for temporary periods or for 
     special purposes.
       (B) Reimbursement.--
       (i) In general.--On the request of the Comptroller General, 
     the Administration shall reimburse the General Accountability 
     Office for the full cost of any audit conducted by the 
     Comptroller General under this subsection.
       (ii) Crediting.--Such reimbursements shall--

       (I) be credited to the appropriation account entitled 
     ``Salaries and Expenses, Government Accountability Office'' 
     at the time at which the payment is received; and
       (II) remain available until expended.

       (h) Annual Independent Audits.--
       (1) In general.--The Administrator shall--
       (A) have an annual independent audit made of the financial 
     statements of the Administration by an independent public 
     accountant in accordance with generally accepted auditing 
     standards; and
       (B) submit to the Secretary the results of the audit.
       (2) Content.--In conducting an audit under this subsection, 
     the independent public accountant shall determine and report 
     on whether the financial statements of the Administration--
       (A) are presented fairly in accordance with generally 
     accepted accounting principles; and
       (B) comply with any disclosure requirements imposed under 
     this Act.
       (i) Financial Reports.--
       (1) In general.--The Administrator shall submit to the 
     Secretary annual and quarterly reports of the financial 
     condition and operations of the Administration, which shall 
     be in such form, contain such information, and be submitted 
     on such dates as the Secretary shall require.
       (2) Contents of annual reports.--Each annual report shall 
     include--
       (A) financial statements prepared in accordance with 
     generally accepted accounting principles;
       (B) any supplemental information or alternative 
     presentation that the Secretary may require; and
       (C) an assessment (as of the end of the most recent fiscal 
     year of the Administration), signed by the chief executive 
     officer

[[Page S4976]]

     and chief accounting or financial officer of the 
     Administration, of--
       (i) the effectiveness of the internal control structure and 
     procedures of the Administration; and
       (ii) the compliance of the Administration with applicable 
     safety and soundness laws.
       (3) Special reports.--The Secretary may require the 
     Administrator to submit other reports on the condition 
     (including financial condition), management, activities, or 
     operations of the Administration, as the Secretary considers 
     appropriate.
       (4) Accuracy.--Each report of financial condition shall 
     contain a declaration by the Administrator or any other 
     officer designated by the Board of Directors of the 
     Administration to make the declaration, that the report is 
     true and correct to the best of the knowledge and belief of 
     the officer.
       (5) Availability of reports.--Reports required under this 
     section shall be published and made publicly available as 
     soon as is practicable after receipt by the Secretary.
       (j) Scope and Termination of Authority.--
       (1) New obligations.--The Administrator shall not initiate 
     any new obligations under this Act on or after January 1, 
     2029.
       (2) Reversion to secretary.--The authorities and 
     obligations of the Administration shall revert to the 
     Secretary on January 1, 2029.
                                 ______
                                 
      By Mr. BROWNBACK (for himself, Mr. Inouye, Mr. Baucus, Mrs. 
        Boxer, Mr. Crapo, Ms. Cantwell, Mr. Coburn, Mr. Harkin, Mr. 
        Lieberman, and Mr. Tester):
  S.J. Res. 14. A joint resolution to acknowledge a long history of 
official depredations and ill-conceived policies by the Federal 
Government regarding Indian tribes and offer an apology to all Native 
Peoples on behalf of the United States; to the Committee on Indian 
Affairs.
  Mr. BROWNBACK. Mr. President, I rise today to introduce a resolution 
that in many ways is long overdue, a resolution to officially apologize 
for the past ill-conceived policies by the US Government toward the 
Native Peoples of this land and re-affirm our commitment toward healing 
our nation's wounds and working toward establishing better 
relationships rooted in reconciliation.
  Apologies are often-times difficult, but like treaties, go beyond 
mere words and usher in a true spirit of reconciling past difficulties 
and help to pave the way toward a united future. Perhaps Dr. King said 
it best when he stated, ``The end is reconciliation, the end is 
redemption, the end is the creation of the beloved community.'' This is 
our goal, with this resolution today.
  Native Americans have a vast and proud legacy on this continent. Long 
before 1776 and the establishment of the United States of America, 
Native peoples inhabited this land and maintained a powerful physical 
and spiritual connection to it. In service to the Creator, Native 
peoples sowed the land, journeyed it, and protected it. The people from 
my State of Kansas have a similar strong attachment to the land.
  Like many in my State, I was raised on the land. I grew up farming 
and caring for the land. I and many in my State established a 
connection to this land as well. We care for our Nation and the land of 
our forefathers so greatly that we too are willing to serve and protect 
it, as faithful stewards of the creation with which God has blessed us. 
I believe without a doubt citizens across this great Nation share this 
sentiment and know its unifying power. Americans have stood side by 
side for centuries to defend this land we love.
  Both the Founding Fathers of the United States, it and the indigenous 
tribes that lived here were attached to this land. Both sought to 
steward and protect it. There were several instances of collegiality 
and cooperation between our forbears--for example, in Jamestown, VA, 
Plymouth, MA, and in aid to explorers Lewis and Clark. Yet, sadly, 
since the formation of the American Republic, numerous conflicts have 
ensued between our Government, the Federal Government, and many of 
these tribes, conflicts in which warriors on all sides fought 
courageously and which all sides suffered. Even from the earliest days 
of our Republic there existed a sentiment that honorable dealings and a 
peaceful coexistence were clearly preferable to bloodshed. Indeed, our 
predecessors in Congress in 1787 stated in the Northwest Ordinance:
  ``The utmost good faith shall always be observed toward the 
Indians.''
  Many treaties were made between the U.S. Government and Native 
peoples, but treaties are far more than just words on a page. Treaties 
represent our word, and they represent our bond. Treaties with other 
governments are not to be regarded lightly. Unfortunately, again, too 
often the United States did not uphold its responsibilities as stated 
in its covenants with Native tribes.
  I have read all of the treaties in my State between the tribes and 
the Federal Government that apply to Kansas. They generally came in 
tranches of three. First, there would be a big land grant to the tribe. 
Then there would be a much smaller one associated with some equipment 
and livestock, and then a much smaller one after that.
  Too often, our Government broke its solemn oath to Native Americans. 
For too long, relations between the U.S. and Native people of this land 
have been in disrepair. For too much of our history, Federal tribal 
relations have been marked by broken treaties, mistreatment, and 
dishonorable dealings.
  I believe it is time to work to restore these relationships to good 
health. While the record of the past cannot be and should not be 
erased, I am confident the United States can acknowledge its past 
failures, express sincere regrets, and work toward establishing a 
brighter future for all Americans. It is in this spirit of hope for our 
land that I and my Senate colleagues, Senators Inouye, Baucus, Boxer, 
Crapo, Cantwell, Coburn, Harkin, Lieberman, and Tester, are offering 
this Senate Joint Resolution, the Native American Apology Resolution. I 
am also pleased to be in partnership with Representative Dan Boren who 
is offering the companion Joint Resolution in the House of 
Representatives today as well.
  This resolution will extend a formal apology from the U.S. to tribal 
governments and Native peoples nationwide--something we have never 
done; something we should have done years and years ago.
  I am proud that this Joint Resolution, which I have introduced since 
the 107th Congress, has passed the Indian Affairs Committee unanimously 
in the 108th, 109th and 110th Congresses and passed the Senate in the 
110th Congress.
  Additionally, I want my fellow Senators to note this resolution does 
not--does not--dismiss the valiance of our American soldiers who fought 
bravely for their families in wars between the United States and a 
number of the Indian tribes, nor does this resolution cast all the 
blame for the various battles on one side or another.
  Further, this resolution will not resolve the many challenges still 
facing Native Americans, nor will it authorize, support or settle any 
claims against the United States. It doesn't have anything to do with 
any property claims against the United States. That is specifically set 
aside and not in this bill. What this resolution does do is recognize 
and honor the importance of Native Americans to this land and to the 
U.S. in the past and today and offers an official apology for the poor 
and painful path the U.S. Government sometimes made in relation to our 
Native brothers and sisters by disregarding our solemn word to Native 
peoples. It recognizes the negative impact of numerous destructive 
Federal acts and policies on Native Americans and their culture, and it 
begins--begins--the effort of reconciliation.
  President Ronald Reagan spoke of the importance of reconciliation 
many times throughout his Presidency. In a 1984 speech to mark the 40th 
anniversary of the day when the Allied armies joined in battle to free 
the European Continent from the grip of the Axis powers, Reagan 
implored the United States and Europe to ``prepare to reach out in the 
spirit of reconciliation.''
  This resolution is not a panacea of course, but perhaps it signals 
the beginning of the end of division and a faint first light and first 
fruits of reconciliation and the creation of beloved community Dr. King 
so eloquently described.
  This is a resolution of apology and a resolution of reconciliation. 
It is a step toward healing the wounds that have divided our country 
for so long--a potential foundation for a new era of positive relations 
between tribal governments and the Federal Government.
  It is time, as I have stated, for us to heal our land of division, 
all divisions, and bring us together. I hope a number

[[Page S4977]]

of my colleagues in the Senate will join me and support this resolution 
and begin a much needed healing process in this Nation.
  Mr. President, I ask that the text of the joint resolution be printed 
in the Record.
  There being no objection, the text of the joint resolution was 
ordered to be printed in the Record, as follows:

                              S.J. Res. 14

       Whereas the ancestors of today's Native Peoples inhabited 
     the land of the present-day United States since time 
     immemorial and for thousands of years before the arrival of 
     people of European descent;
       Whereas for millennia, Native Peoples have honored, 
     protected, and stewarded this land we cherish;
       Whereas Native Peoples are spiritual people with a deep and 
     abiding belief in the Creator, and for millennia Native 
     Peoples have maintained a powerful spiritual connection to 
     this land, as evidenced by their customs and legends;
       Whereas the arrival of Europeans in North America opened a 
     new chapter in the history of Native Peoples;
       Whereas while establishment of permanent European 
     settlements in North America did stir conflict with nearby 
     Indian tribes, peaceful and mutually beneficial interactions 
     also took place;
       Whereas the foundational English settlements in Jamestown, 
     Virginia, and Plymouth, Massachusetts, owed their survival in 
     large measure to the compassion and aid of Native Peoples in 
     the vicinities of the settlements;
       Whereas in the infancy of the United States, the founders 
     of the Republic expressed their desire for a just 
     relationship with the Indian tribes, as evidenced by the 
     Northwest Ordinance enacted by Congress in 1787, which begins 
     with the phrase, ``The utmost good faith shall always be 
     observed toward the Indians'';
       Whereas Indian tribes provided great assistance to the 
     fledgling Republic as it strengthened and grew, including 
     invaluable help to Meriwether Lewis and William Clark on 
     their epic journey from St. Louis, Missouri, to the Pacific 
     Coast;
       Whereas Native Peoples and non-Native settlers engaged in 
     numerous armed conflicts in which unfortunately, both took 
     innocent lives, including those of women and children;
       Whereas the Federal Government violated many of the 
     treaties ratified by Congress and other diplomatic agreements 
     with Indian tribes;
       Whereas the United States forced Indian tribes and their 
     citizens to move away from their traditional homelands and 
     onto federally established and controlled reservations, in 
     accordance with such Acts as the Act of May 28, 1830 (4 Stat. 
     411, chapter 148) (commonly known as the ``Indian Removal 
     Act'');
       Whereas many Native Peoples suffered and perished--
       (1) during the execution of the official Federal Government 
     policy of forced removal, including the infamous Trail of 
     Tears and Long Walk;
       (2) during bloody armed confrontations and massacres, such 
     as the Sand Creek Massacre in 1864 and the Wounded Knee 
     Massacre in 1890; and
       (3) on numerous Indian reservations;

       Whereas the Federal Government condemned the traditions, 
     beliefs, and customs of Native Peoples and endeavored to 
     assimilate them by such policies as the redistribution of 
     land under the Act of February 8, 1887 (25 U.S.C. 331; 24 
     Stat. 388, chapter 119) (commonly known as the ``General 
     Allotment Act''), and the forcible removal of Native children 
     from their families to faraway boarding schools where their 
     Native practices and languages were degraded and forbidden;
       Whereas officials of the Federal Government and private 
     United States citizens harmed Native Peoples by the unlawful 
     acquisition of recognized tribal land and the theft of tribal 
     resources and assets from recognized tribal land;
       Whereas the policies of the Federal Government toward 
     Indian tribes and the breaking of covenants with Indian 
     tribes have contributed to the severe social ills and 
     economic troubles in many Native communities today;
       Whereas despite the wrongs committed against Native Peoples 
     by the United States, Native Peoples have remained committed 
     to the protection of this great land, as evidenced by the 
     fact that, on a per capita basis, more Native Peoples have 
     served in the United States Armed Forces and placed 
     themselves in harm's way in defense of the United States in 
     every major military conflict than any other ethnic group;
       Whereas Indian tribes have actively influenced the public 
     life of the United States by continued cooperation with 
     Congress and the Department of the Interior, through the 
     involvement of Native individuals in official Federal 
     Government positions, and by leadership of their own 
     sovereign Indian tribes;
       Whereas Indian tribes are resilient and determined to 
     preserve, develop, and transmit to future generations their 
     unique cultural identities;
       Whereas the National Museum of the American Indian was 
     established within the Smithsonian Institution as a living 
     memorial to Native Peoples and their traditions; and
       Whereas Native Peoples are endowed by their Creator with 
     certain unalienable rights, and among those are life, 
     liberty, and the pursuit of happiness.
       Now, therefore, be it
       Resolved by the Senate and House of Representatives of the 
     United States of America in Congress assembled,

     SECTION 1. RESOLUTION OF APOLOGY TO NATIVE PEOPLES OF UNITED 
                   STATES.

       (a) Acknowledgment and Apology.--The United States, acting 
     through Congress--
       (1) recognizes the special legal and political relationship 
     Indian tribes have with the United States and the solemn 
     covenant with the land we share;
       (2) commends and honors Native Peoples for the thousands of 
     years that they have stewarded and protected this land;
       (3) recognizes that there have been years of official 
     depredations, ill-conceived policies, and the breaking of 
     covenants by the Federal Government regarding Indian tribes;
       (4) apologizes on behalf of the people of the United States 
     to all Native Peoples for the many instances of violence, 
     maltreatment, and neglect inflicted on Native Peoples by 
     citizens of the United States;
       (5) expresses its regret for the ramifications of former 
     wrongs and its commitment to build on the positive 
     relationships of the past and present to move toward a 
     brighter future where all the people of this land live 
     reconciled as brothers and sisters, and harmoniously steward 
     and protect this land together;
       (6) urges the President to acknowledge the wrongs of the 
     United States against Indian tribes in the history of the 
     United States in order to bring healing to this land; and
       (7) commends the State governments that have begun 
     reconciliation efforts with recognized Indian tribes located 
     in their boundaries and encourages all State governments 
     similarly to work toward reconciling relationships with 
     Indian tribes within their boundaries.
       (b) Disclaimer.--Nothing in this Joint Resolution--
       (1) authorizes or supports any claim against the United 
     States; or
       (2) serves as a settlement of any claim against the United 
     States.

                          ____________________