[Congressional Record Volume 155, Number 93 (Friday, June 19, 2009)]
[Senate]
[Pages S6846-S6848]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. BUNNING (for himself and Mr. Alexander):
  S. 1306. A bill to provide for payment to the survivor or surviving 
family members of compensation otherwise payable to a contractor 
employee of the Department of Energy who dies after application for 
compensation under the Energy Employees Occupational Illness 
Compensation Program Act of 2000, and for other purposes; to the 
Committee on Health, Education, Labor, and Pensions.
  Mr. BUNNING. 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. 1306

       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 ``Energy Employees 
     Occupational Illness Compensation Program Improvement Act of 
     2009''.

     SEC. 2. PAYMENT OF COMPENSATION TO SURVIVORS OF DEPARTMENT OF 
                   ENERGY CONTRACTOR EMPLOYEES.

       (a) In General.--Section 3672 of the Energy Employees 
     Occupational Illness Compensation Program Act of 2000 (42 
     U.S.C. 7385s-1) is amended to read as follows:

     ``SEC. 3672. COMPENSATION TO BE PROVIDED.

       ``Subject to the other provisions of this subtitle:
       ``(1) Contractor employees.--
       ``(A) In general.--A covered DOE contractor employee shall 
     receive contractor employee compensation under this subtitle 
     in accordance with section 3673.
       ``(B) Compensation after death of contractor employee.--

[[Page S6847]]

       ``(i) In general.--Except as provided paragraph (2)(B), if 
     the death of a contractor employee occurs after the employee 
     applies for compensation under this subtitle but before such 
     compensation is paid, the amount of compensation described in 
     clause (ii) shall be paid to a survivor (as that term is used 
     in section 3674) of the employee or, if the employee has no 
     such survivors, to the surviving family members of the 
     employee in accordance with the procedures set forth in 
     section 3628(e)(1).
       ``(ii) Amount of compensation.--The amount of compensation 
     described in this clause is the amount of compensation the 
     contractor employee would have received pursuant to section 
     3673(a), except that if the Secretary cannot determine the 
     minimum impairment rating of the employee under paragraph (1) 
     of such section as a result of the death of the employee, 
     such compensation shall not include compensation pursuant to 
     such paragraph.
       ``(2) Survivors.--
       ``(A) In general.--Except as provided in subparagraph (B) 
     or paragraph (1)(B), a survivor of a covered DOE contractor 
     employee shall receive contractor employee compensation under 
     this subtitle in accordance with section 3674.
       ``(B) Election of contractor employee compensation or 
     survivor compensation.--A survivor who is otherwise eligible 
     to receive compensation pursuant to both subparagraph (A) and 
     paragraph (1)(B) shall not receive compensation pursuant to 
     both subparagraph (A) and paragraph (1)(B), but shall receive 
     compensation pursuant to subparagraph (A) or paragraph 
     (1)(B), as elected by the survivor.
       ``(C) Compensation after death of survivor.--If the death 
     of a survivor occurs after the survivor applies for 
     compensation under this subtitle but before such compensation 
     is paid and, in the case of compensation pursuant to 
     paragraph (1)(B), there are no other survivors (as that term 
     is used in section 3674) of the employee, the amount of 
     compensation the survivor would have received under this 
     section shall be paid to the surviving family members of the 
     employee in accordance with the procedures set forth in 
     section 3628(e)(1).''.
       (b) Applicability.--The provisions of section 3672 of the 
     Energy Employees Occupational Illness Compensation Program 
     Act of 2000 (42 U.S.C. 7385s-1), as amended by subsection 
     (a), shall apply to applications for compensation under 
     subtitle E of such Act filed before, on, or after the date of 
     the enactment of this Act.
                                 ______
                                 
      By Mr. AKAKA:
  S. 1310. A bill to authorize major medical facility projects for the 
Department of Veterans Affairs for fiscal year 2010, and for other 
purposes; to the Committee on Veterans' Affairs.
  Mr. AKAKA. Mr. President, today I introduce legislation requested by 
the Secretary of Veterans Affairs, as a courtesy to the Secretary and 
the Department of Veterans Affairs. Except in unusual circumstances, it 
is my practice to introduce legislation requested by the administration 
so that such measures will be available for review and consideration.
  This ``by-request'' bill consists of several provisions addressing 
major facility construction projects and major facility leases for 
fiscal year 2010. It would authorize five major medical facility 
construction projects and fifteen major facility leases. The bill would 
authorize $1,196,230,000 for the major facility construction projects 
and $196,227,000 for the major facility leases.
  I am introducing this bill for the review and consideration of my 
colleagues at the request of the administration. As Chairman of the 
Committee on Veterans' Affairs, I have not taken a position on this 
legislation.
  Mr. President, I ask unanimous consent that the text of the bill and 
a letter of support be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 1310

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

     SEC. 1. AUTHORIZATION OF FISCAL YEAR 2010 MAJOR MEDICAL 
                   FACILITY PROJECTS.

       The Secretary of Veterans Affairs may carry out the 
     following major medical facility projects in fiscal year 
     2010, with each project to be carried out in the amount 
     specified for each project:
       (1) Construction (including acquisition of land) for the 
     realignment of services and closure projects at the 
     Department of Veterans Affairs Medical Center In Livermore, 
     California, in an amount not to exceed $55,430,000.
       (2) Construction of a Multi-Specialty Care Facility in 
     Walla Walla, Washington, in an amount not to exceed 
     $71,400,000.
       (3) Construction (including acquisition of land) for a new 
     medical facility at the Department of Veterans Affairs 
     Medical Center in Louisville, Kentucky, in an amount not to 
     exceed $75,000,000.

     SEC. 2. ADDITIONAL AUTHORIZATION FOR FISCAL YEAR 2010 MAJOR 
                   MEDICAL FACILITY CONSTRUCTION PROJECTS 
                   PREVIOUSLY AUTHORIZED.

       The Secretary of Veterans Affairs may carry out the 
     following major medical facility projects in fiscal year 
     2010:
       (1) Replacement of the existing Department of Veterans 
     Affairs Medical Center in Denver, Colorado, in an amount not 
     to exceed $800,000,000.
       (2) Construction of Outpatient and Inpatient Improvements 
     in Bay Pines, Florida, in an amount not to exceed 
     $194,400,000.

     SEC. 3. AUTHORIZATION OF FISCAL YEAR 2010 MAJOR MEDICAL 
                   FACILITY LEASES.

       The Secretary of Veterans Affairs may carry out the 
     following fiscal year 2010 major medical facility leases at 
     the locations specified, in an amount not to exceed the 
     amount shown for that location:
       (1) Anderson, South Carolina, Outpatient Clinic, in an 
     amount not to exceed $4,774,000.
       (2) Atlanta, Georgia, Specialty Care Clinic, in an amount 
     not to exceed $5,172,000.
       (3) Bakersfield, California, Community Based Outpatient 
     Clinic, in an amount not to exceed $3,464,000.
       (4) Birmingham, Alabama, Annex Clinic and Parking Garage, 
     in an amount not to exceed $6,279,000.
       (5) Butler, Pennsylvania, Health Care Center, in an amount 
     not to exceed $16,482,000.
       (6) Charlotte, North Carolina, Health Care Center, in an 
     amount not to exceed $30,457,000.
       (7) Fayetteville, North Carolina, Health Care Center, in an 
     amount not to exceed $23,487,000.
       (8) Huntsville, Alabama, Outpatient Clinic Expansion, in an 
     amount not to exceed $4,374,000.
       (9) Kansas City, Kansas, Community Based Outpatient Clinic, 
     in an amount not to exceed $4,418,000.
       (10) Loma Unda, California, Health Care Center, in an 
     amount not to exceed $31,154,000.
       (11) McAllen, Texas, Outpatient Clinic, in an amount not to 
     exceed $4,444,000.
       (12) Monterey, California, Health Care Center, in an amount 
     not to exceed $11,628,000.
       (13) Montgomery, Alabama, Health Care Center, in an amount 
     not to exceed $9,943,000.
       (14) Tallahassee, Florida, Outpatient Clinic, in an amount 
     not to exceed $13,165,000.
       (15) Winston-Salem, North Carolina, Health Care Center, in 
     an amount not to exceed $26,986,000.

     SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

       (a) Authorization of Appropriations for Construction.--
     There is authorized to be appropriated to the Secretary of 
     Veterans Affairs for fiscal year 2010 or the year in which 
     funds are appropriated for the Construction, Major Projects, 
     Account--
       (1) $201,830,000 for the projects authorized in section 1; 
     and
       (2) $994,400,000 for the projects authorized in section 2.
       (b) Authorization of Appropriations for Medical Facility 
     Leases.--There is authorized to be appropriated to the 
     Secretary of Veterans Affairs for fiscal year 2010 or the 
     year in which funds are appropriated for the Medical 
     Facilities account $196,227,000 for the leases authorized in 
     section 3.
       (c) Limitation.--The projects authorized in sections 1 and 
     2 may only be carried out using--
       (1) funds appropriated for fiscal year 2010 pursuant to the 
     authorization of appropriations in subsection (a) of this 
     section;
       (2) funds available for Construction, Major Projects, for a 
     fiscal year before fiscal year 2010 that remain available for 
     obligation;
       (3) funds available for Construction, Major Projects, for a 
     fiscal year after fiscal year 2010 that remain available for 
     obligation;
       (4) funds appropriated for Construction, Major Projects, 
     for fiscal year 2010 for a category of activity not specific 
     to a project;
       (5) funds appropriated for Construction, Major Projects, 
     for a fiscal year before 2010 for a category of activity not 
     specific to a project; and
       (6) funds appropriated for Construction, Major Projects, 
     for a fiscal year after 2010 for a category of activity not 
     specific to a project.
                                  ____



                            The Secretary of Veterans Affairs,

                                    Washington, DC, June 10, 2009.
     Hon. Joseph R. Biden, Jr.,
     President of the Senate,
     Washington, DC.
       Dear Mr. President: I am pleased to submit the enclosed 
     draft bill to authorize $1,196,230,000 for Department of 
     Veterans Affairs (VA) major facility construction projects 
     for Fiscal Year 2010 and $196,227,000 for major facility 
     leases for Fiscal Year 2010.
       Title 38 U.S.C. section 8104(a) (2) requires statutory 
     authorization for all VA major medical facility construction 
     projects and all major medical facility leases prior to the 
     appropriation of funds. In accordance with title 38, the 
     draft bill authorizes five major medical facility 
     construction projects and fifteen major facility leases. The 
     five major medical facility construction projects are located 
     in: Livermore, California; Walla Walla, Washington; 
     Louisville, Kentucky; Denver, Colorado; and Bay Pines, 
     Florida. Previously, Congress authorized funds for Denver and 
     Bay Pines. This proposed bill would authorize additional 
     funds necessary to continue with these projects.
       The proposed project in Livermore is for construction, 
     including the acquisition of

[[Page S6848]]

     land, necessary for the realignment of services and closure 
     projects. The proposed project in Walla Walla is for 
     construction of a Multi-Specialty Care Facility. The proposed 
     project in Louisville is for the construction, including the 
     acquisition of land, for a new medical facility.
       The proposed project in Denver will provide for the 
     replacement of the existing medical center. Additional 
     authorization is required to complete this project. The 
     proposed project in Bay Pines is for construction of both 
     outpatient and inpatient improvements. Additional 
     authorization is required to complete this project.
       The Office of Management and Budget advises that there is 
     no objection to the submission of this legislative proposal 
     to the Congress and that its enactment would be in accord 
     with the program of the President.
           Sincerely,
                                                 Eric K. Shinseki.
       Enclosures.

                      Section-by-Section Analysis

       Section 1 authorizes the Secretary of the Department of 
     Veterans Affairs (VA) to carry out three major medical 
     facility projects. Authorization is requested for the 
     construction, including acquisition of land, for realignment 
     of services and closure projects in Livermore, California, in 
     an amount not to exceed $55,430,000. Authorization is 
     requested for the construction of a Multi-Specialty Care 
     Facility in Walla Walla, Washington, in an amount not to 
     exceed $71,400,000. Authorization is requested for the 
     construction, including acquisition of land, for a new 
     medical facility in Louisville, Kentucky, in an amount not to 
     exceed $75,000,000.
       Section 2 authorizes the Secretary of VA to carry out two 
     major medical facility projects. Previously, these campuses 
     received authorization, but additional authorization is 
     required to complete the construction projects on these 
     campuses. In this regard, authorization is requested for 
     replacement of the VAMC in Denver, Colorado, in an amount not 
     to exceed $800,000,000. Authorization is also requested for 
     the construction of outpatient and inpatient improvements in 
     Bay Pines, Florida, in an amount not to exceed $194,400,000.
       Section 3 authorizes the Secretary of VA to carry out major 
     medical facility leases for an Outpatient Clinic in Anderson, 
     South Carolina, in an amount not to exceed $4,774,000; a 
     Specialty Care Clinic in Atlanta, Georgia, in an amount not 
     to exceed $5,172,000; a Community Based Outpatient Clinic in 
     Bakersfield, California, in an amount not to exceed 
     $3,464,000; an Annex Clinic and Parking Garage in Birmingham, 
     Alabama, in an amount not to exceed $6,279,000; a Health Care 
     Center in Butler, Pennsylvania, in an amount not to exceed 
     $16,482,000; a Health Care Center in Charlotte, North 
     Carolina, in an amount not to exceed $30,457,000; a Health 
     Care Center in Fayetteville, North Carolina, in an amount not 
     to exceed $23,487,000; an Outpatient Clinic Expansion in 
     Huntsville, Alabama, in an amount not to exceed $4,374,000; a 
     Community Based Outpatient Clinic in Kansas City, Kansas, in 
     an amount not to exceed $4,418,000; a Health Care Center in 
     Loma Linda, California, in an amount not to exceed 
     $31,154,000; an Outpatient Clinic in McAllen, Texas, in an 
     amount not to exceed $4,444,000; a Health Care Center in 
     Monterey, California, in an amount not to exceed $11,628,000; 
     a Health Care Center in Montgomery, Alabama, in an amount not 
     to exceed $9,943,000; an Outpatient Clinic in Tallahassee, 
     Florida, in an amount not to exceed $13,165,000; and, a 
     Health Care Center in Winston-Salem, North Carolina, in an 
     amount not to exceed $26,986,000.
       Section 4 authorizes for appropriation for Fiscal Year 
     2010, $201,830,000 from the Major Construction Projects 
     account for the projects authorized in Section 1 and 
     $994,400,000 for the projects authorized in Section 2. 
     Section 4 also authorizes for appropriation for Fiscal Year 
     2010, $196,227,000 from the Medical Facilities account for 
     the leases authorized in Section 3. Section 4 allows the 
     projects authorized in Sections 1 and 2 to be carried out by 
     using only 1) funds appropriated for fiscal year 2010 
     pursuant to the authorization of appropriations in subsection 
     a; 2) funds available for Construction, Major Projects, for a 
     fiscal year before fiscal year 2010 that remain available for 
     obligation; 3) funds available for Construction, Major 
     Projects, for a fiscal year after fiscal year 2010 that 
     remain available for obligation; and 4) funds appropriated 
     for Construction, Major Projects, for fiscal year 2010 for a 
     category of activity not specific to a project.
                                 ______
                                 
      By Mr. WICKER (for himself, Ms. Landrieu, and Mr. Cochran):
  S. 1311. A bill to amend the Federal Water Pollution Control Act to 
expand and strengthen cooperative efforts to monitor, restore, and 
protect the resource productivity, water quality, and marine ecosystems 
of the Gulf of Mexico; to the Committee on Environment and Public 
Works.
  Mr. WICKER. Mr. President, today I introduce an important piece of 
legislation that will help protect and preserve the health and 
productivity of one of our Nation's most important bodies of water--the 
Gulf of Mexico.
  The Gulf of Mexico Restoration and Protection Act will serve as a 
national and international model for the collaborative management of 
large marine ecosystems. Specific provisions of this Act will be 
administered by the Gulf of Mexico Program, formed in 1988 by the 
Environmental Protection Agency as a non-regulatory, inclusive 
partnership that collaborates with federal offices, state, and local 
governments and the private sector in each of 5 Gulf States--all 
committed to helping preserve and protect the Gulf.
  Collectively, the fertile waters and seabed of the Gulf of Mexico 
represent the 6th largest economy in the world with a total economic 
trade value of almost $6 trillion. These waters are now threatened by 
excessive nutrient loads and invasive species as well as the 
significant deterioration of many coastal wetlands as a result of 
hurricane and tropical storm damage.
  The future of the Gulf's environmental stability is vital to 
America's economy and security. This legislation authorizes much needed 
additional funds to the Gulf of Mexico Program and finally puts it on a 
path toward more equal footing with other national great water body 
programs. Members of the Gulf of Mexico program are working together to 
secure the Gulf's future. It is time for this critical region to be 
recognized for its strategic importance. This legislation is an 
important step toward ensuring the Gulf receives the kind of support it 
deserves.

                          ____________________