[Congressional Record Volume 156, Number 12 (Thursday, January 28, 2010)]
[Senate]
[Pages S342-S347]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. LEAHY (for himself and Mr. Lugar):
S. 2960. A bill to exempt aliens who are admitted as refugees or
granted asylum and are employed overseas by the Federal Government from
the 1-year physical presence requirement for adjustment of status to
that of aliens lawfully admitted for permanent residence, and for other
purposes; to the Committee on the Judiciary.
Mr. LEAHY. Mr. President, I introduce today the Refugee Opportunity
Act, legislation that corrects an unfortunate limitation under current
law. I thank Senator Lugar for joining me in support of this
legislation. The immigration statute requires a refugee who is
resettled in the United States to remain on U.S. soil for a full year
before adjusting to lawful permanent residence. For many, this
requirement offers no obstacles. The majority of resettled refugees
immediately begin to work, learn English, and contribute to their local
communities. Yet the 1-year physical presence requirement poses a
significant barrier to resettled refugees who are eager and willing to
serve the U.S. Government overseas. If they do, they lose that
settlement. We can correct that.
One of the tragic legacies of the war in Iraq is the humanitarian
crisis that grew out of the conflict, in which millions of people have
been displaced both internally and externally, and in which many others
have been killed in horrific acts of political and religious
persecution. Violent reprisals, kidnappings, and bombings were
committed during the insurgency that rose up after May 2003, when
President Bush declared the end of major combat operations. Diplomatic
and military efforts to quell the insurgency and bring order to Iraq
were aided by many brave Iraqi citizens, who, at great risk to
themselves and their families, assisted the United States as
interpreters or in other capacities. These individuals took such risks
knowing the dangers they faced, and many lost their lives.
In 2007, I worked with Senator Ted Kennedy to enact legislation to
provide special visas for Iraqi interpreters who had assisted the
United States in Iraq and who wished to resettle in the United States
to escape the grave dangers they faced as a result of their cooperation
with our government. I was proud to join Senator Kennedy in that
effort. The enactment of that legislation made clear our commitment to
aiding those who had assisted the United States with the critical
mission in Iraq. It was the right thing to do.
In 2008, I joined Senator Schumer in sponsoring the Military
Personnel Citizenship Processing Act. This legislation removed
bureaucratic barriers to becoming U.S. citizens for immigrants serving
in our military. Congress enacted this legislation to recognize the
contributions of immigrants who serve the United States and to fulfill
many soldiers' dreams of becoming U.S. citizens. Also in 2008, I worked
with Senator Mikulski to enact the complementary Kendell Frederick
Citizenship Assistance Act, a bill that made the pathway to citizenship
for immigrants serving in the military simpler and more efficient.
Congress has spoken consistently in favor of recognizing the value of
immigrants and refugees who embrace the United States through service
to their adopted Nation.
Today I introduce the Refugee Opportunity Act, legislation that
builds upon this strong commitment by correcting an unfortunate
limitation under current law. I thank Senator Lugar for joining me in
support of this legislation. The immigration statute requires a refugee
who is resettled in the United States to remain on U.S. soil for a full
year in order to adjust to lawful permanent residence. For many, this
requirement presents no obstacles. The majority of resettled refugees
immediately begin to work, learn English, and contribute to their local
communities. The 1-year physical presence requirement poses a
significant barrier to resettled refugees who are eager and willing to
serve the U.S. Government overseas, whether as an engineer, a
translator, or in some other meaningful capacity. Accepting such
employment will result in the delay of a refugee's ability to adjust
his or her status and fully integrate into our society. There is no
logical reason to deter these refugees from taking U.S.-affiliated
positions overseas, especially when they seek to serve the government
that has offered them protection.
One example of such a case can be found in the story of Mr. Ahmed
Alrais. Mr. Alrais came to the United States as a refugee with his
family after he worked as an interpreter for the U.S. Army in Iraq. His
work for the Army led to threats against his life, and the United
States appropriately granted him refugee status. But then, after
struggling to find work in the Chicago area and wanting to provide for
his family, Mr. Alrais decided to again face the risks of working in
Iraq. He joined the staff of a U.S. Army contractor and began to work
on a military base in Iraq. Ironically, taking this risk has delayed
his ability to earn lawful permanent residence in the United States
because the Department of Homeland Security will not give him credit
toward the 1 year physical presence requirement for the time he has
spent working with the Army contractor in Iraq. If he had remained in
the United States for a full year unemployed, he would not have been
penalized under the immigration law. By choosing to work, to support
his family, and serve our Nation's military effort in Iraq, he has
sacrificed months toward obtaining a green card.
To recognize the past and future contributions of refugees like Mr.
Alrais, this legislation proposes to create an exception in our
immigration law to waive the continuous presence requirement for any
refugee who, during their first year of residence in the United States,
accepts employment overseas to aid the U.S. Government. This
legislation will not only recognize the commendable actions of refugees
who wish to honor the United States by working for our government
overseas, it will also enrich our government's military and diplomatic
missions by drawing upon the professional and language skills of
refugees. Finally, this bill will encourage more refugees to assist the
U.S. efforts abroad. These are goals we should all support.
Our refugee policies have long been a beacon of hope and promise to
many around the world. This legislation is the beginning of a renewed
effort to improve and modernize our refugee policies to adapt to our
changing world. March 17 will mark the 30th anniversary of the
enactment of the Refugee Act of 1980, a law originally introduced by
Senator Kennedy, a champion of refugees and asylum seekers. I intend to
introduce legislation this year to mark that important anniversary. In
the coming weeks, I will introduce a bill to enhance protections by
bringing our refugee and asylum laws up to date. This comprehensive
refugee package will also build on legislation I introduced in the
106th and 107th Congresses, the Refugee Protection Act. I will speak in
greater detail on this comprehensive refugee protection package in the
coming weeks.
There is no reason to delay introduction of the bill I offer today,
however. In 2007, Congress recognized the value and the bravery of
those refugees who assisted us in Iraq, and once we pledge American
protection, we must follow through with that promise. The circumstances
of Mr. Alrais and his family demonstrate the grave inequity that
results from current law. They escaped from tyranny and won protection
here in the United States. They hope to build a safe and stable life in
our country. They will contribute to our communities, educate their
children, and become entwined in the fabric of the United States. And
the evidence of such dreams is already seen in the actions of this
family. Mr. Alrais' wife, Nada Alkhaddar, helps other refugees adjust
to life in Chicago under the auspices of a nonprofit community
organization. Mr. Alrais' 17-year-old son plays football at his Chicago
high school and recently told a reporter that he wants to become a
Chicago policeman the embodiment of the public servant ``for America,''
he said.
I urge all Senators to join me in supporting the Refugee Opportunity
Act, a sensible, appropriate, and overdue modification to our
immigration law.
[[Page S343]]
______
By Mr. DODD (for himself and Mr. McCain):
S. 2962. A bill to amend title II of the Social Security Act to apply
an earnings test in determining the amount of monthly insurance
benefits for individuals entitled to disability insurance benefits
based on blindness; to the Committee on Finance.
Mr. DODD. Mr. President, I rise today with my colleague from Arizona,
Senator John McCain, to reintroduce legislation on an issue we have
worked on together for over a decade. The Blind Persons Return to Work
Act of 2010 will renove disincentives to work for blind individuals in
the Social Security Disability Insurance, SSDI, program. Removal of
these barriers will facilitate the transition of blind Americans from
SSDI to income-earning, taxpaying, productive members of the American
workforce.
Today there are over 1.3 million Americans who are legally blind and
an estimated 10 million Americans with visual impairments. The
Americans with Disabilities Act and advances in technology have
eliminated many barriers for blind individuals. Today blind individuals
are employed in nearly every type of job and profession. They lead
businesses and governments. Time and again, they have proven they are
more than capable. Yet, societal misperceptions, attitudes, and
barriers persist. Unfortunately, more than 70 percent of working-age
blind individuals remain unemployed. This is an enormous untapped
resource of skills and talents for our country, and it is simply
unacceptable.
One thing is clear: blind individuals want to work. I don't know how
you put a price tag on the personal value of work. The dignity it
provides is priceless. There are many challenges to increasing the
employment rate of blind individuals. However, one common sense step we
should take is to correct unintended disincentives and barriers within
our SSDI program.
Within the SSDI program are earnings limits for beneficiaries.
Historically, there was a longstanding linkage between the treatment of
earnings for blind individuals and seniors. In 1996, Congress passed
the Senior Citizens Freedom to Work Act. This legislation was adopted
to encourage seniors to continue working later in life. While it
significantly reduced restrictions on earnings for seniors, it created
disparities for individuals who are blind. My friend from Arizona and I
have worked tirelessly since then to correct this issue of fairness.
The Blind Persons Return to Work Act will replace the monthly
earnings limit for individuals who are blind with a gradual phase-out,
allowing blind individuals to systematically replace benefits with
earned income. Under the current system, if a blind person earns just
one single dollar over the limit, they lose their entire SSDI benefit.
Clearly, this is a drastic reduction in income and disincentive to work
and earn to the fullest potential. Instead of this ``cash cliff,'' our
legislation will gradually reduce benefits by $1 for every $3 earned
over the limit. It also establishes annual versus monthly earnings
tests and a standard deduction for impairment-related work expenses,
changes that will reduce administrative burdens for both blind
individuals and the Social Security Administration.
As we work to turn our economy around, the Federal Government should
do everything within its power to support all Americans in returning to
work. I urge my colleagues to join us in sponsoring this common sense
approach of removing barriers to employment for blind Americans.
Mr. McCAIN. Mr. President, I am pleased today to join my colleague,
Senator Dodd, in introducing an important piece of legislation that
will have an enormously positive impact on and improve the lives of
blind Americans in the workforce. For too long, capable and talented
blind Americans who have the desire and ability to fully participate in
the workforce have been discouraged from doing so because of outdated
federal disability laws.
Current law stifles earnings opportunities for blind individuals by
cancelling all disability assistance for the first dollar of earnings
over the government-set threshold. As a result, blind individuals
covered by Social Security Disability Insurance, SSDI, which was
created to provide security and stability to blind workers during
periods of unemployment, are discouraged from expanding their
employment opportunities beyond the earnings limitation for fear of
suddenly losing their benefits.
Senator Dodd and I have been longtime supporters of legislation that
would increase the earnings limit for those covered by SSDI. A similar
policy was enacted for senior citizens with the adoption of the Senior
Citizens Freedom to Work Act. The act eliminated the earnings limit for
certain seniors covered by Social Security and thereby encouraged more
seniors to participate in the workforce.
The current proposal, the Blind Persons Return to Work Act, is an
improvement on past policy proposals focusing on modestly increasing
the earnings limit. Rather than simply increasing the earnings limit
for blind individuals, the act would allow for a gradual phase-out of
Federal benefits for every $3 earned over the current limit, providing
blind individuals the opportunity to increase their earnings as the
SSDI benefit decreases.
The unemployment rate for working-age blind people is currently 70
percent. Many of these individuals are extremely talented and capable
of fully contributing to the workforce, and we should provide them an
incentive to reach their full potential while reducing the number of
federal beneficiaries. The proposal will ease the transition from
relying solely upon SSDI benefits to becoming active and productive
members of the workforce.
I urge my colleagues to join me in supporting the Blind Americans
Return to Work Act, to treat blind individuals fairly and to allow them
to achieve increased financial independence.
______
By Mr. WYDEN (for himself and Mr. Merkley):
S. 2963. A bill to designate certain land in the State of Oregon as
wilderness, to provide for the exchange of certain Federal land and
non-Federal land, and for other purposes; to the Committee on Energy
and Natural Resources.
Mr. WYDEN. Mr. President, today I rise to introduce new Wilderness
legislation to protect two of Oregon's natural treasures. But, this
bill will do even more than that. It will also help Oregon's economy,
because visitors from all over the world come to our State to
experience first-hand the unique scenic beauty of place like the lands
preserved by this bill.
The legislation I introduce today with my colleague Senator Merkley--
the Cathedral Rock and Horse Heaven Wilderness Act of 2010--will
consolidate what is currently a splintered ownership of land in this
area and protect 16,477 acres of new Wilderness along the Lower John
Day River. The fractured land ownership in this area makes it difficult
for visitors to fully appreciate these areas when they hike, fish or
hunt there because of the scattered and misunderstood lines of private
and public ownership. This bill will solve that problem and make these
lands more inviting to visitors while giving the landowners more
contiguous property to call home.
The area in question is stunning. The Cathedral Rock and Horse Heaven
Wilderness proposals encompass dramatic basalt cliffs and rolling hills
of juniper, sagebrush and native grasses. These new areas build on the
desert Spring Basin Wilderness that was established last year as a
result of legislation I introduced, and are located directly across the
John Day River from Spring Basin.
With 500 miles of undammed waters, the John Day River is the second-
longest free-flowing river in the continental U.S. and is a place that
is cherished by Oregonians. The Lower John Day Wild and Scenic River
offers world-class opportunities for outdoor recreation as well as
crucial wildlife habitat for elk, mule deer, bighorn sheep and native
fish such as salmon and steelhead trout. Through land consolidation
between public and private landowners, this bill will allow for better
management and easier public access for this important natural
treasure. With the current fragmentation of public and private land
ownership in the area, river campsites are limited. Many federal lands
among them can't be reached by the hikers, campers and other outdoors
recreationists who could most appreciate them. With the
[[Page S344]]
equal-value land exchanges included in this bill, public lands would be
consolidated into two new Wilderness areas. This would enhance public
safety, improve land management, and increase public access and
recreational opportunities. This solution will create an incredible,
new heritage for public lands recreationists who are an important
factor in keeping Oregon's economy healthy and thriving.
Rafters of the John Day River can attest to the need for more
campsites and public access to the Cathedral Rock area. Backcountry
hunters will be able to scan the hillsides for elk, deer and game-birds
without having to worry about accidentally trespassing on someone's
private land. Anglers will be able to access nearly 5 miles of the John
Day River that today are only reachable from privately owned lands.
Likewise, such a solution ensures that local landowners can manage
their lands effectively without running across unwitting trespassers.
One good example of the value of these land swaps is Young Life's
Washington Family Ranch. This Ranch is home to a Christian youth camp
that welcomes over 20,000 kids to the lower John Day area each year.
This bill sets out private and public land boundaries that can clearly
be seen on the ground and create a safer area for campers on the Ranch;
this serves the children who visit the area well and ensures the
continued viability of the Ranch, which, in turn, provides big economic
dividends to the local community.
The Cathedral Rock and Horse Heaven Wilderness proposal is described
as ``win-win-win'' by many stakeholders--nearly five miles of new river
access for the public and 18,000 acres of protected wild land for
outdoor enthusiasts; better management for private landowners and
public agencies; and important habitat protections for sensitive and
endangered species. This proposal is an example of the positive
solutions that can result when varied, bipartisan interests in a
community come together to craft solutions that will work for everyone.
All three of the counties involved in this legislation, Wheeler, Wasco
and Jefferson, have endorsed this proposal as well as a number of user
and recreation groups. I especially want to thank the Oregon Natural
Desert Association, Young Life and Forrest Reinhardt, and Matt Smith
for their role in developing this collaborative solution that will
benefit all Oregonians.
Oregon's wildlands play an increasingly important role in the
economic development of our State, especially in traditionally rural
areas east of the Cascades. Visitors come from thousands of miles away
to hike, fish, raft and hunt in Oregon's desert Wilderness. Beyond
tourism, the rich quality of life and the diverse natural amenities
that we enjoy as Oregonians are key to attracting new businesses to
Oregon. The Cathedral Rock and Horse Heaven Wilderness areas will help
make sure that this rural area will enjoy the benefits that permanently
connecting these disparate pieces of natural landscape will bring for
generations to come.
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. 2963
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 ``Cathedral Rock and Horse
Heaven Wilderness Act of 2010''.
SEC. 2. DEFINITIONS.
(1) Federal land.--The term ``Federal land'' means the
Federal land authorized to be conveyed by the United States
under section 4(a).
(2) Landowner.--The term ``landowner'' means the owner of
the applicable non-Federal land.
(3) Non-federal land.--The term ``non-Federal land'' means
the land authorized to be conveyed to the United States under
section 4(a).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) State.--The term ``State'' means the State of Oregon.
(6) Wilderness area.--The term ``wilderness area'' means
any of the areas designated as components of the National
Wilderness Preservation System by section 3(a).
(7) Wilderness map.--The term ``wilderness map'' means the
map entitled ``Cathedral Rock-Horse Heaven Wilderness
Proposals'' and dated January 21, 2010.
SEC. 3. CATHEDRAL ROCK WILDERNESS AND HORSE HEAVEN
WILDERNESS.
(a) Designation.--In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), the following land in the State is
designated as wilderness and as components of the National
Wilderness Preservation System:
(1) Cathedral rock wilderness.--The approximately 8,686
acres of Bureau of Land Management land in the State, as
depicted on the wilderness map, to be known as the
``Cathedral Rock Wilderness''.
(2) Horse heaven wilderness.--The approximately 7,791 acres
of Bureau of Land Management land in the State, as depicted
on the wilderness map, to be known as the ``Horse Heaven
Wilderness''.
(b) Maps; Legal Descriptions.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file a map and
legal description of each wilderness area with--
(A) the Committee on Natural Resources of the House of
Representatives; and
(B) the Committee on Energy and Natural Resources of the
Senate.
(2) Force of law.--The maps and legals description filed
under paragraph (1) shall have the same force and effect as
if included in this Act, except that the Secretary may
correct errors in the map and legal description.
(3) Availability.--The maps and legal descriptions filed
under paragraph (1) shall be on file and available for public
inspection in--
(A) the Office of the Chief of the Forest Service; and
(B) the Office of the Director of the Bureau of Land
Management.
(4) Conflict between map and legal description.--In the
case of a conflict between the maps and legal descriptions
filed under paragraph (1), the maps shall control.
(c) Administration of Wilderness.--
(1) In general.--Subject to valid existing rights, the
wilderness areas shall be administered by the Secretary in
accordance with the Wilderness Act (16 U.S.C. 1131 et seq.),
except that any reference in that Act to the effective date
shall be considered to be a reference to the date of
enactment of this Act.
(2) Incorporation of acquired land and interests.--Any land
within or adjacent to the boundary of a wilderness area that
is acquired by the United States shall--
(A) become part of the wilderness area; and
(B) be managed in accordance with--
(i) this section; and
(ii) any other applicable laws.
(3) Withdrawal.--Subject to valid rights in existence on
the date of enactment of this Act, the Federal land within
the wilderness areas is withdrawn from all forms of--
(A) entry, appropriation, or disposal under the public land
laws;
(B) location, entry, and patent under the mining laws; and
(C) disposition under all laws relating to mineral and
geothermal leasing or mineral materials.
(4) Grazing.--The grazing of domestic livestock in a
wilderness area shall be administered in accordance with--
(A) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(B) the guidelines set forth in Appendix A of the report of
the Committee on Interior and Insular Affairs of the House of
Representatives accompanying H.R. 2570 of the 101st Congress
(H. Rept. 101-405) and H.R. 5487 of the 96th Congress (H.
Rept. 96-617).
(5) Access to non-federal land.--In accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.), the Secretary shall
provide reasonable access to non-Federal land within the
boundaries of the wilderness areas.
(6) State water laws.--Nothing in this section constitutes
an exemption from State water laws (including regulations).
(7) Tribal rights.--Nothing in this section--
(A) affects, alters, amends, repeals, interprets,
extinguishes, modifies, or is in conflict with--
(i) the treaty rights of an Indian tribe, including the
rights secured by the Treaty with the Tribes and Bands of
Middle Oregon of June 25, 1855 (12 Stat. 963);
(ii) any other rights of an Indian tribe;
(B) prevents, prohibits, terminates, or abridges the
exercise of treaty-reserved rights, including the rights
secured by the Treaty with the Tribes and Bands of Middle
Oregon of June 25, 1855 (12 Stat. 963), within the boundaries
of the wilderness areas; or
(C) affects any non-Federal land acquired by the United
States under section 4.
SEC. 4. LAND EXCHANGES.
(a) Authorization.--
(1) Smith exchange.--
(A) In general.--If Derby Smith Partners, LLC, of Bend,
Oregon (referred to in this section as ``Smith''), offers to
convey to the United States all right, title, and interest of
Smith in and to the non-Federal land described in
subparagraph (B)(i), the Secretary shall--
(i) accept the offer; and
(ii) on receipt of acceptable title to the non-Federal land
and subject to valid existing rights, convey to Smith all
right, title, and interest of the United States in and to the
Federal land described in subparagraph (B)(ii).
(B) Description of land.--
(i) Non-federal land.--The non-Federal land referred to in
subparagraph (A) is the approximately 1,057 acres of non-
Federal land identified on the wilderness map as ``Lands
proposed for transfer from Smith to the Federal Government''.
[[Page S345]]
(ii) Federal land.--The Federal land referred to in
subparagraph (A)(ii) is the approximately 1,195 acres of
Federal land identified on the wilderness map as ``Lands
proposed for transfer from the Federal Government to Smith''.
(2) Shrum exchange.--
(A) In general.--If Milton Shrum (referred to in this
section as ``Shrum'') offers to convey to the United States
all right, title, and interest of Shrum in and to the non-
Federal land described in subparagraph (B)(i), the Secretary
shall--
(i) accept the offer; and
(ii) on receipt of acceptable title to the non-Federal land
and subject to valid existing rights, convey to Shrum all
right, title, and interest of the United States in and to the
Federal land described in subparagraph (B)(ii).
(B) Description of land.--
(i) Non-federal land.--The non-Federal land referred to in
subparagraph (A) is the approximately 416 acres of non-
Federal land identified on the wilderness map as ``Lands
proposed for transfer from Shrum to the Federal Government''.
(ii) Federal land.--The Federal land referred to in
subparagraph (A)(ii) is the approximately 594 acres of
Federal land identified on the wilderness map as ``Lands
proposed for transfer from the Federal Government to Shrum''.
(3) Young life exchange.--
(A) In general.--If Young Life of Colorado Springs,
Colorado (referred to in this section as ``Young Life''),
offers to convey to the United States all right, title, and
interest of Young Life in and to the non-Federal land
described in subparagraph (B)(i), the Secretary shall--
(i) accept the offer; and
(ii) on receipt of acceptable title to the non-Federal land
and subject to valid existing rights, convey to Young Life
all right, title, and interest of the United States in and to
the Federal land described in subparagraph (B)(ii).
(B) Description of land.--
(i) Non-federal land.--The non-Federal land referred to in
subparagraph (A) is the approximately 8,715 acres of non-
Federal land identified on the wilderness map as ``Lands
proposed for transfer from Young Life to the Federal
Government''.
(ii) Federal land.--The Federal land referred to in
subparagraph (A)(ii) is the approximately 12,335 acres of
Federal land identified on the wilderness map as ``Lands
proposed for transfer from the Federal Government to Young
Life''.
(b) Applicable Law.--Except as otherwise provided in this
section, the Secretary shall carry out the land exchanges
under subsection (a) in accordance with section 206 of the
Federal Land Policy and Management Act of 1976 (43 U.S.C.
1716).
(c) Conditions.--The conveyances of the Federal land and
non-Federal land under subsection (a) shall be subject to
such terms and conditions as the Secretary may require.
(d) Equal Value Exchange.--
(1) In general.--The value of the Federal land and non-
Federal land to be exchanged under this section--
(A) shall be equal; or
(B) shall be made equal in accordance with paragraph (2).
(2) Equalization.--
(A) Surplus of federal land.--If the value of the Federal
land exceeds the value of the non-Federal land, the value of
the Federal land and non-Federal land shall be equalized, as
determined to be appropriate and acceptable by the Secretary
and the landowner--
(i) by reducing the acreage of the Federal land to be
conveyed; or
(ii) by adding additional State land to the non-Federal
land to be conveyed.
(B) Surplus of non-federal land.--If the value of the non-
Federal land exceeds the value of the Federal land, the value
of the Federal land and non-Federal land shall be equalized
by reducing the acreage of the non-Federal land to be
conveyed, as determined to be appropriate and acceptable by
the Secretary and the landowner.
(e) Appraisals.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary and the landowner shall
select an appraiser to conduct an appraisal of the Federal
land and non-Federal land to be exchanged.
(2) Requirements.--An appraisal under paragraph (1) shall
be conducted in accordance with nationally recognized
appraisal standards, including--
(A) the Uniform Appraisal Standards for Federal Land
Acquisitions; and
(B) the Uniform Standards of Professional Appraisal
Practice.
(f) Surveys.--
(1) In general.--The exact acreage and legal description of
the Federal land and non-Federal land to be exchanged under
subsection (a) shall be determined by surveys approved by the
Secretary.
(2) Costs.--The Secretary and the landowner shall divide
equally between the Secretary and the landowner--
(A) the costs of any surveys conducted under paragraph (1);
and
(B) any other administrative costs of carrying out the land
exchange under this section.
(g) Deadline for Completion of Land Exchange.--It is the
intent of Congress that the land exchanges under this section
be completed not later than 2 years after the date of
enactment of this Act.
(h) Addition to Wilderness Areas.--On completion of the
land exchanges under this section, the non-Federal land
shall--
(1) become part of the wilderness areas; and
(2) be managed in accordance with--
(A) this Act;
(B) the Wilderness Act (16 U.S.C. 1131 et seq.); and
(C) any other applicable law.
______
By Mr. GRASSLEY:
S. 2964. A bill to amend title XVIII, XIX, and XXI of the Social
Security Act to prevent fraud, waste, and abuse under Medicare,
Medicaid, and CHIP, and for other purposes; to the Committee on
Finance.
Mr. GRASSLEY. Mr. President, in 2009 the Medicare, Medicaid and CHIP
programs accounted for over $800 billion of the $2.3 trillion spent on
health care in the U.S. Together, these programs constitute around 35
percent of national health spending. With so much taxpayer money at
stake, it is no surprise that all this spending brings crooks, scam
artists and even organized crime out of the woodwork.
Low estimates are that fraudsters steal $60 billion from the Medicare
and Medicaid programs every year. As Federal health care spending
continues to skyrocket, so will the dollars lost to fraud, waste and
abuse.
This is a crime against not only the taxpayer, but against each and
every beneficiary who depends on these programs for their health care.
The examples of fraud are all around us. In a 60 Minutes segment late
last year, we saw a medical supply company that billed Medicare $2
million last July--despite being empty and having apparently no staff.
One man interviewed said he was waking up every day making $20,000-
$40,000. Every single day. He said it was like winning the lottery, and
you and me and every taxpayer were footing the bill. He was running a
fake medical supply company that didn't actually sell any medical
equipment to anyone. He says he stole at least $20 million from
Medicare. He said it was, ``real easy.''
This must change.
I don't think Members on either side of the aisle dispute this. Back
when health care reform was a bipartisan endeavor, I developed a set of
legislative proposals with Senator Baucus to combat fraud, waste and
abuse. These proposals are in the bill that the Finance Committee
reported as well as the health care reform bill that the Senate passed
late last year. And these provisions did not draw opposition from
either side of the aisle. Tackling fraud, waste and abuse in health
care is one of the areas where there is widespread agreement.
That is why I am here today to introduce the Strengthening Program
Integrity and Accountability in Health Care Act. This legislation
includes the critical measures that I developed on a bipartisan basis.
This bill also includes legislation and amendments I have subsequently
introduced to strengthen these proposals to address fraud, waste and
abuse.
They are designed to deter, detect and prevent those that would steal
from Federal health care programs, to assist those tasked with catching
these criminals, and to protect taxpayer dollars. These commonsense
changes will go a long way in helping to make sure Medicare, Medicaid
and CHIP dollars are going to bona fide providers, instead of
fraudsters set on scamming the system.
This legislation would make it harder for fraudsters to enroll in
Federal health programs as providers and bilk the system. This includes
requiring meaningful screening of health care providers and suppliers.
Additional tools would also be provided to prevent fraud, waste and
abuse including enhanced oversight measures, disclosure requirements,
authority to impose enrollment moratoriums and requirements for
developing compliance programs.
This bill would impose additional requirements on providers and
suppliers to ensure that bona fide providers are billing Federal health
programs for bona fide items and services. This includes providing
documentation or performing a face-to-face evaluation before certifying
a beneficiary's eligibility for an item or service.
It would also improve Federal monitoring for fraud, waste and abuse
by requiring better data sharing and data
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access across the Federal government. Government agencies would be able
to share information with each other in an effort to identify crooks in
the system promptly. It would also create a national clearinghouse of
information so we can better detect and prevent and thereby deter
medical identity theft. Again, this is about the Federal Government
sharing information it already has in ways that protect the Taxpayer
and work against those defrauding the system and hopefully deter those
who are thinking about stealing from you.
The legislation takes several steps to end the current ``pay and
chase'' model of Federal health care spending. It takes the commonsense
approach of allowing the government to withhold taxpayer dollars from
those under investigation for health care fraud.
It would change Federal laws that require Medicare to pay providers
quickly, regardless of the risk of fraud, waste, or abuse. Under
current law, the government is required to make payment for a ``clean''
claim within 14 to 30 days before interest accrues on the claim. That
is not enough time for the limited number of Medicare auditors to
determine if the claim is legitimate before the payment has to be made.
The result is that this ``prompt payment rule'' requires that Medicare
pay fraudsters first, and ask questions later.
This requirement doesn't make any sense. This bill would give the
Secretary of Health and Human Services the authority to ask questions
first and then and only then to make the payment if the health care
provider and the payment for services check out. The Secretary would
also be required to suspend payments pending the investigation of
credible allegations of fraud against the provider or supplier.
This legislation would also increase funding for those fighting
health care fraud. Study after study has shown that every dollar spent
fighting health care fraud is repaid multiple times over in funds
recovered and fraud prevented. This is a good investment for the
taxpayer and bad news for health care fraudsters.
This bill would provide powerful disincentives for those that would
rob the taxpayer through health care fraud. It would better arm those
fighting fraud with tools to catch and prosecute fraudsters. It also
would make the consequences for committing health care fraud more
meaningful by increasing civil monetary penalties and expanding the
types of acts and omissions that would be subject to civil monetary
penalties and exclusion from Federal health programs.
This legislation would also strengthen the government's most powerful
tool for preventing and recovering taxpayer dollars lost to fraud, the
False Claims Act. It also ensures that courageous whistleblowers that
come forward to speak up against fraud and file False Claims Act cases
are protected from retaliation by their employers.
These changes would go a long way to deter those who would defraud
our health care programs. It also would provide greater protections to
the taxpayer. In these difficult economic times, we have got to do
everything we can to protect taxpayer dollars and the resources of
health care programs on which so many Americans depend.
______
By Mr. CARDIN:
S. 2967. A bill to amend the Internal Revenue Code of 1986 to provide
a refundable credit for small business job growth, and for other
purposes; to the Committee on Finance.
Mr. CARDIN. Mr. President, I am introducing today the Boosting
Entrepreneurship and New Jobs Act that I believe is desperately needed.
I think it is very clear that our economy, which is coming out of the
worst recession since the Great Depression, has turned a corner. But we
need to create more jobs in America. We know that. We know that 1 out
of 10 Americans who wish to work cannot find jobs. Our first
responsibility must be to help create more jobs so our economy can
rebound and grow. To do that, we need to invest in small businesses.
I was pleased to hear the President of the United States last night
talk about the importance of small business in our recovery. As we
develop our policies, we need to focus on helping small businesses
grow. In the American Recovery and Reinvestment Act, we took action and
increased the loan limits under the Small Business Administration. We
were able to make it less expensive for businesses to borrow from the
Small Business Administration. These were good steps we took. I was
proud of an amendment I offered to increase the surety bond limits so
small construction companies could, in fact, get work in this economy.
I was proud of the amendment that passed to increase the SBA's budget
by about $180 million so they could have the capacity to help small
companies with technical assistance in order to get government jobs.
All of that has happened.
We all know 99.7 percent of all firms in America are small
businesses. That is the economic engine of America. Just over half of
the private sector employees work for small companies. We have to pay
attention to small companies if we are going to grow out of this
economic problem. Forty-four percent of the total U.S. private payroll
comes from small employers. Sixty-four percent of the net new jobs over
the past 15 years came from small businesses. And 97.3 percent of all
identified exporters came from small companies. On a per-employee
basis, for those companies that applied for patents, small companies
have 13 times more patents per employee than larger companies. That is
where innovation comes from in New Hampshire, and I can tell my
colleagues that in Maryland, I look at companies every day, small
companies coming up with the innovations that will lead America into
the future. They come up with the new ways to deal with our problems.
It is the small companies that are the most prolific in providing that
type of innovation to our society, whether it is Maryland, New
Hampshire, or any of our States. So it is for that reason that I have
introduced this legislation.
This legislation would provide some additional tools to help small
businesses create new jobs. We need new jobs. It establishes a
temporary 3-year refundable tax credit for new hires by small
businesses. Businesses with up to 25 employees would be eligible for a
refundable tax credit equal to 15 percent of the first $20,000 of wages
for new hires. That is a strong incentive for a company to put on new
employees. It establishes a credit to help small companies deal with
providing health benefits for their employees.
The two issues I hear about most from small businesses is the
affordability of health insurance and the availability of credit. Both
are dealt with through this legislation by providing a way in which
small companies can have more affordable health insurance and by
providing a way in which small companies can directly access SBA loans.
Following up on what the President said last night, this legislation
will set aside $30 billion from the TARP funds so that small companies
could directly get SBA loans. I think that is the way to do it because
there is a reluctance among banks to lend money to small businesses
even though today 90 percent of that loan is guaranteed by the SBA. My
legislation would use the same standard for SBA to make direct loans--
so basically 100 percent guaranteed by the Federal Government rather
than 90 percent. Then we know the loans will be made.
I can't tell my colleagues how many companies I have talked to in
Maryland who are creditworthy. They are prepared to hire more workers.
They are prepared to believe in our economy and believe in our future.
The problem is they don't have a bank to partner with. If they have an
existing relationship with a community bank, they may be OK. But if
they don't, to try to establish a relationship today is very difficult.
The President recognized that last night when he talked about the
credit crunch affecting small businesses. We haven't eased that. This
legislation would provide for the SBA, using the same standards it uses
today for their SBA loans, to make direct loans to small companies in
order to get our economy back on track by helping small businesses. It
will create more jobs. It increases the SBA 7(a) program from $2
million to $5 million. It increases the microloan program from $35,000
to $50,000. It increases the SBA 504 loan program from $1.5 million to
$5.5 million. These increases in loan limits are desperately needed if
we are going to be realistic in today's marketplace as the type of
loans businesses need in order to expand jobs.
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There are two more things this bill does that I wish to mention that
are a direct help to small business. One is the sense of the Congress
that the SBA Administrator should be a Cabinet-level position. I think
we need to make sure an advocate for small business has the ear of our
President. We know what happened in 2009. We know we had to bail out
Wall Street and we had to deal with the large banks in order to save
our system from going off a cliff. We all understand that. But we also
know there were certain commitments made to help small businesses. Yet
it never got into your community banks, into your States or to your
small businesses. We need the advocate for small businesses to have a
direct line to the President. For that reason, I urge that the SBA
Administrator be a part of the Cabinet.
Another part of the bill expresses a sense of Congress that the
financial institutions that have benefited from our bailout carry out
what they said they would do; that is, loan money to small companies.
They say they are doing it, but the evidence shows the reverse, that
they are not making these types of loans. I think it would be
interesting to see exactly what types of loans these banks that relied
upon the Federal Government are making to help our communities. I think
we all would be disappointed to see their lack of participation in
small company financing which could create jobs in our communities.
The last provision of the bill provides for offsets to make sure it
is fully paid. I don't believe we should add to the deficit. I think
this bill will help create jobs, help us deal with the economic growth
of America, and deal with narrowing the budget deficit through economic
growth. I think we all have a responsibility to make sure we have
adequate offsets in the bill so we don't add further to the Federal
deficit. That is called budget discipline. We talked about that a
little bit on the floor of the Senate today. This bill is fully paid
for through offsets.
I urge my colleagues, as we look in the weeks ahead at what we will
call a jobs bill, which will help put more Americans to work--and I
fully support that--that we follow the leadership of our President. The
first thing he mentioned in the State of the Union Address last night
was that we ought to pay attention to small businesses. I agree with
the President. I hope that is a major part of our jobs bill; that it
will be provisions that will provide tax credits for new job hires,
help for small businesses dealing with health insurance and that it
will increase the SBA's capacity to make loans to small businesses and
will, indeed, provide a new avenue for opening credit to small
businesses, putting the spotlight on the banking community so they do
more, as they should, to help small businesses grow so we can create
new jobs and grow our economy. That should be our first priority. I
pledge to work with my colleagues in the Senate and work with the
administration so we can get the job done in the Senate.
____________________