[Congressional Record (Bound Edition), Volume 155 (2009), Part 2]
[Senate]
[Pages 2110-2113]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mrs. FEINSTEIN (for herself, Mr. Specter, and Mr. Feingold):
  S. 357. A bill to allow for certiorari review of certain cases denied 
relief or review by the United States Court of Appeals for the Armed 
Forces; to the Committee on the Judiciary.
  Mrs. FEINSTEIN. Mr. President, today I am pleased to join with 
Senators Specter and Feingold in introducing the Equal Justice for U.S. 
Service Members Act. The Act would eliminate an inequity in current law 
by allowing all court-martialed U.S. servicemembers who face dismissal, 
discharge or confinement for a year or more to petition the United 
States Supreme Court for discretionary review through a writ of 
certiorari.
  The bill is a simple one, and would do the following: allow a writ of 
certiorari to be filed in any case in which the U.S. Court of Appeals 
for the Armed Forces has denied review; and allow a writ of certiorari 
to be filed in any case in which the U.S. Court of Appeals for the 
Armed Forces denied a petition for extraordinary relief.
  In our civilian courts today, all person convicted of a crime, if 
they lose on appeal, have a right to petition the U.S. Supreme Court 
for discretionary review. Even enemy combatants have the right to 
direct appellate review in the Supreme Court.
  In contrast, however, our men and women in uniform do not share this 
same right. Our military personnel can apply to the U.S. Supreme Court 
only if the U.S. Court of Appeals for the Armed Forces actually 
conducts a review of their case or grants a petition for extraordinary 
relief. That only happens about 10 percent of the time.
  In other words, in 90 percent of their case, our U.S. servicemembers 
are prevented from ever seeking or obtaining direct review from the 
Supreme Court.
  This disparity is not limited to our civilian and military court 
systems. A similar disparity exists within our military court system 
relief. The Government routinely has the chance to petition the Supreme 
Court for review of adverse court-martial rulings in any case where the 
charges are severe enough to make a punitive discharge possible. But 
our military personnel do not share the same rights to petition the 
Supreme Court as the military prosecutors on the other side of the 
aisle.
  This is wrong, and this inequity was recently noted by the American 
Bar Association, which passed a resolution calling on Congress on fix 
this long-standing ``disparity in our laws governing procedural due 
process.''
  Every day, our U.S. service personnel place their lives on the line 
in defense of American rights. It is unacceptable for us to continue to 
routinely deprive our men and women in uniform one of those rights--the 
ability to petition their Nation's highest court for direct relief. It 
is a right given to common criminals in our civilian courts, to the 
Government, and even to some of the terrorists who we hope to prosecute 
as war criminals.
  The bill is supported by the American Bar Association, the Military 
Officers Association of America, and the National Institute of Military 
Justice. Robinson Everett, the former Chief Judge of the U.S. Court of 
Military Appeals, the predecessor to the Court of Appeals for the Armed 
Forces, also supports the bill.
  It's long past time we give them the same rights as the American 
citizens they fight, and sometimes die, to protect.
  I urge my colleagues to support this important legislation to give 
equal justice to our U.S. servicemembers.
  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. 357

       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 ``Equal Justice for United 
     States Military Personnel Act of 2009''.

     SEC. 2. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR 
                   THE ARMED FORCES.

       (a) In General.--Section 1259 of title 28, United States 
     Code, is amended--
       (1) in paragraph (3), by inserting ``or denied'' after 
     ``granted''; and
       (2) in paragraph (4), by inserting ``or denied'' after 
     ``granted''.
       (b) Technical and Conforming Amendment.--Section 867a(a) of 
     title 10, United States Code, is amended by striking ``The 
     Supreme Court may not review by a writ of

[[Page 2111]]

     certiorari under this section any action of the Court of 
     Appeals for the Armed Forces in refusing to grant a petition 
     for review.''.
                                 ______
                                 
      By Mr. INOUYE:
  S. 359. A bill to establish the Hawai'i Capital National Heritage 
Area, and for other purposes; to the Committee on Energy and Natural 
Resources.
  Mr. INOUYE. Mr. President, I rise to introduce a bill that will 
establish the Hawaii Capital National Heritage Area.
  National Heritage Areas allow residents, government agencies, 
nonprofit groups and private partners to collaboratively plan and 
implement programs that recognize and preserve America's defining 
landscapes. Of the 40 National Heritage Areas established, only a few 
are west of the Mississippi River. This will be Hawaii's first official 
Heritage Area.
  I believe that Hawaii's unique cultural make up coupled with its 
historical significance will surely attract both residents and visitors 
to this special place. The proposed area is rich with cultural sites, 
museums, historic buildings, art galleries, performing arts venues, 
ethnic markets, and restaurants that will surely provide the average 
person with an experience of a lifetime.
  This makes Hawaii Capital Cultural district an ideal candidate for a 
Heritage Area designation.
  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. 359

       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 ``Hawai`i Capital National 
     Heritage Area Establishment Act''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Heritage area.--The term ``Heritage Area'' means the 
     Hawai`i Capital National Heritage Area established by section 
     3(a).
       (2) Local coordinating entity.--The term ``local 
     coordinating entity'' means the local coordinating entity for 
     the Heritage Area designated by section 3(d).
       (3) Management plan.--The term ``management plan'' means 
     the management plan for the Heritage Area required under 
     section 5.
       (4) Map.--The term ``map'' means the map entitled ``Hawai`i 
     Capital National Heritage Area Proposed Boundary'', numbered 
     T17/90,000B, and dated January 2009.
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (6) State.--The term ``State'' means the State of Hawai`i.

     SEC. 3. HAWAI`I CAPITAL NATIONAL HERITAGE AREA.

       (a) Establishment.--There is established in the State the 
     Hawai`i Capital National Heritage Area.
       (b) Boundaries.--The Heritage Area shall consist of 
     portions of Honolulu and the Honolulu Ahupua`a, as depicted 
     on the map.
       (c) Availability of Map.--The map shall be on file and 
     available for public inspection in the appropriate offices of 
     the National Park Service and the Hawai`i Capital Cultural 
     Coalition.
       (d) Local Coordinating Entity.--The Hawai`i Capital 
     Cultural Coalition shall be the local coordinating entity for 
     the Heritage Area.

     SEC. 4. DUTIES AND AUTHORITIES OF THE LOCAL COORDINATING 
                   ENTITY.

       (a) Duties of the Local Coordinating Entity.--To further 
     the purposes of the Heritage Area, the local coordinating 
     entity shall--
       (1) prepare and submit a management plan for the Heritage 
     Area to the Secretary in accordance with section 5;
       (2) assist units of local government, regional planning 
     organizations, and nonprofit organizations in implementing 
     the approved management plan by--
       (A) carrying out programs and projects that recognize, 
     protect, and enhance important resource values in the 
     Heritage Area;
       (B) establishing and maintaining interpretive exhibits and 
     programs within the Heritage Area;
       (C) developing recreational and educational opportunities 
     in the Heritage Area;
       (D) increasing public awareness of, and appreciation for, 
     natural, historic, scenic, and cultural resources of the 
     Heritage Area;
       (E) protecting and restoring historic sites and buildings 
     in the Heritage Area that are consistent with the themes of 
     the Heritage Area;
       (F) ensuring that signs identifying points of public access 
     and sites of interest are posted throughout the Heritage 
     Area; and
       (G) promoting a wide range of partnerships among 
     governments, organizations, and individuals to further the 
     purposes of the Heritage Area;
       (3) consider the interests of diverse units of government, 
     businesses, organizations, and individuals in the Heritage 
     Area in the preparation and implementation of the management 
     plan;
       (4) conduct meetings open to the public at least 
     semiannually regarding the development and implementation of 
     the management plan;
       (5) for any fiscal year for which the local coordinating 
     entity receives Federal funds under this Act--
       (A) submit to the Secretary an annual report that 
     describes, for the fiscal year--
       (i) the accomplishments, expenses, income, amounts, and 
     sources of matching funds;
       (ii) the amounts leveraged with Federal funds and sources 
     of the leveraged funds; and
       (iii) grants made to any other entities;
       (B) make available to the Secretary for audit all 
     information relating to the expenditure of Federal funds and 
     any matching funds for the fiscal year; and
       (C) require, in all agreements authorizing the expenditure 
     of Federal funds by other organizations, that the 
     organizations receiving the Federal funds make available to 
     the Secretary for audit all records and other information 
     relating to the expenditure of the funds; and
       (6) encourage, by appropriate means, economic development 
     that is consistent with the purposes of the Heritage Area.
       (b) Authorities.--The local coordinating entity may, 
     subject to the prior approval of the Secretary, for the 
     purposes of preparing and implementing the management plan 
     for the Heritage Area, use Federal funds made available under 
     this Act to--
       (1) make grants to the State or a political subdivision of 
     the State, nonprofit organizations, and other persons;
       (2) enter into cooperative agreements with, or provide 
     technical assistance to, the State or a political subdivision 
     of the State, nonprofit organizations, Federal agencies, and 
     other interested parties;
       (3) hire and compensate staff;
       (4) obtain money or services from any source, including 
     under any other Federal law or program;
       (5) contract for goods or services; and
       (6) support activities of partners and any other activities 
     that--
       (A) further the purposes of the Heritage Area; and
       (B) are consistent with the approved management plan.
       (c) Prohibition on the Acquisition of Real Property.--The 
     local coordinating entity shall not use Federal funds made 
     available under this Act to acquire real property or any 
     interest in real property.

     SEC. 5. MANAGEMENT PLAN.

       (a) In General.--Not later than 3 years after the date on 
     which funds are made available to carry out this Act, the 
     local coordinating entity shall submit to the Secretary for 
     approval a management plan for the Heritage Area.
       (b) Requirements.--The management plan shall--
       (1) describe comprehensive policies, goals, strategies, and 
     recommendations for--
       (A) conveying the heritage of the region; and
       (B) encouraging long-term resource protection, enhancement, 
     interpretation, funding, management, and development of the 
     Heritage Area;
       (2) take into consideration existing State, county, and 
     local plans in the development and implementation of the 
     management plan;
       (3) include a description of actions and commitments that 
     governments, private organizations, and individuals have 
     agreed to take to protect, enhance, and interpret the 
     natural, historic, scenic, and cultural resources of the 
     Heritage Area;
       (4) specify existing and potential sources of funding or 
     economic development strategies to protect, enhance, 
     interpret, fund, manage, and develop the Heritage Area;
       (5) include an inventory of the natural, historic, 
     cultural, educational, scenic, and recreational resources of 
     the Heritage Area related to the stories and themes of the 
     region that should be protected, enhanced, managed, or 
     developed;
       (6) recommend policies and strategies for resource 
     management, including the development of intergovernmental 
     and interagency agreements to protect the natural, historic, 
     cultural, educational, scenic, and recreational resources of 
     the Heritage Area;
       (7) describe a program of implementation for the management 
     plan, including--
       (A) performance goals;
       (B) plans for resource protection, enhancement, and 
     interpretation; and
       (C) specific commitments for implementation of the 
     management plan that have been made by the local coordinating 
     entity or any government, organization, business, or 
     individual;
       (8) include an analysis of, and recommendations for, ways 
     in which Federal, tribal, State, and local programs may best 
     be coordinated to carry out the purposes of this Act, 
     including recommendations for the role of the National Park 
     Service and other Federal agencies associated with the 
     Heritage Area;

[[Page 2112]]

       (9) include an interpretive plan for the Heritage Area; and
       (10) include a business plan that--
       (A) describes the role, operation, financing, and functions 
     of--
       (i) the local coordinating entity; and
       (ii) each of the major activities contained in the 
     management plan; and
       (B) provides adequate assurances that the local 
     coordinating entity has the partnerships and financial and 
     other resources necessary to implement the management plan 
     for the Heritage Area.
       (c) Termination of Funding.--If the management plan is not 
     submitted to the Secretary in accordance with this Act, the 
     local coordinating entity shall be ineligible to receive 
     additional funding under this Act until the date on which the 
     Secretary approves the management plan.
       (d) Approval of Management Plan.--
       (1) In general.--Not later than 180 days after the date of 
     receipt of the management plan under subsection (a), the 
     Secretary, in consultation with the Governor of the State and 
     any applicable tribal government, shall approve or disapprove 
     the management plan.
       (2) Criteria for approval.--In determining whether to 
     approve the management plan, the Secretary shall consider 
     whether--
       (A) the local coordinating entity represents the diverse 
     interests of the Heritage Area, including governments, 
     natural and historical resource protection organizations, 
     educational institutions, businesses, community residents, 
     and recreational organizations;
       (B) the local coordinating entity has afforded adequate 
     opportunity for public and governmental involvement, 
     including workshops and public meetings, in the preparation 
     of the management plan;
       (C) the resource protection and interpretation strategies 
     contained in the management plan, if implemented, would 
     adequately protect the natural, historic, and cultural 
     resources of the Heritage Area;
       (D) the management plan would not adversely affect any 
     activities authorized on Federal or tribal land under 
     applicable laws or land use plans;
       (E) the Secretary has received adequate assurances from the 
     appropriate State, tribal, and local officials, the support 
     of which is necessary to ensure the effective implementation 
     of the State, tribal, and local aspects of the management 
     plan; and
       (F) the local coordinating entity has demonstrated the 
     financial capability, in partnership with others, to carry 
     out the plan.
       (3) Action following disapproval.--If the Secretary 
     disapproves the management plan under paragraph (1), the 
     Secretary--
       (A) shall advise the local coordinating entity in writing 
     of the reasons for the disapproval;
       (B) may make recommendations to the local coordinating 
     entity for revisions to the management plan; and
       (C) not later than 180 days after the receipt of any 
     proposed revision of the management plan from the local 
     coordinating entity, shall approve or disapprove the proposed 
     revised management plan.
       (4) Amendments.--The Secretary shall approve or disapprove 
     each amendment to the management plan that the Secretary 
     determines would make a substantial change to the management 
     plan in accordance with this subsection.
       (5) Use of funds.--The local coordinating entity shall not 
     use Federal funds authorized by this Act to carry out any 
     amendments to the management plan until the Secretary has 
     approved the amendments.

     SEC. 6. DUTIES AND AUTHORITIES OF THE SECRETARY.

       (a) Technical and Financial Assistance.--
       (1) In general.--On the request of the local coordinating 
     entity, the Secretary may provide to the local coordinating 
     entity technical and financial assistance on a reimbursable 
     or nonreimbursable basis, as determined by the Secretary, to 
     develop and implement the management plan.
       (2) Priority actions.--In providing assistance under this 
     subsection, the Secretary shall give priority to actions that 
     assist in--
       (A) conserving the significant natural, historic, cultural, 
     and scenic resources of the Heritage Area; and
       (B) providing educational, interpretive, and recreational 
     opportunities consistent with the purposes of the Heritage 
     Area.
       (3) Cooperative agreements.--The Secretary may enter into 
     cooperative agreements with the local coordinating entity and 
     other public or private entities for the purposes of carrying 
     out this subsection.
       (b) Evaluation.--
       (1) In general.--Not later than 3 years before the date on 
     which authority for Federal funding terminates for the 
     Heritage Area under section 10, the Secretary shall--
       (A) conduct an evaluation of the accomplishments of the 
     Heritage Area; and
       (B) prepare a report with recommendations for the future 
     role of the National Park Service, if any, with respect to 
     the Heritage Area.
       (2) Evaluation components.--An evaluation conducted under 
     paragraph (1)(A) shall--
       (A) assess the progress of the local coordinating entity 
     with respect to--
       (i) accomplishing the purposes of this Act for the Heritage 
     Area; and
       (ii) achieving the goals and objectives of the approved 
     management plan for the Heritage Area;
       (B) analyze the Federal, State, local, and private 
     investments in the Heritage Area to determine the leverage 
     and impact of the investments; and
       (C) review the management structure, partnership 
     relationships, and funding of the Heritage Area for purposes 
     of identifying the critical components for sustainability of 
     the Heritage Area.
       (3) Report.--
       (A) In general.--Based on the evaluation conducted under 
     paragraph (1)(A), the Secretary shall prepare a report with 
     recommendations for the future role of the National Park 
     Service, if any, with respect to the Heritage Area.
       (B) Required analysis.--If the report prepared under 
     subparagraph (A) recommends that Federal funding for the 
     Heritage Area be reauthorized, the report shall include an 
     analysis of--
       (i) ways in which Federal funding for the Heritage Area may 
     be reduced or eliminated; and
       (ii) the appropriate time period necessary to achieve the 
     recommended reduction or elimination.
       (C) Submission to congress.--On completion of the report, 
     the Secretary shall submit the report to--
       (i) the Committee on Energy and Natural Resources of the 
     Senate; and
       (ii) the Committee on Natural Resources of the House of 
     Representatives.

     SEC. 7. RELATIONSHIP TO OTHER FEDERAL AGENCIES.

       (a) In General.--Nothing in this Act affects the authority 
     of a Federal agency to provide technical or financial 
     assistance under any other law.
       (b) Consultation and Coordination.--To the maximum extent 
     practicable, the head of any Federal agency planning to 
     conduct activities that may have an impact on the Heritage 
     Area is encouraged to consult and coordinate the activities 
     with the Secretary and the local coordinating entity.
       (c) Other Federal Agencies.--Nothing in this Act--
       (1) modifies, alters, or amends any laws (including 
     regulations) authorizing a Federal agency to manage Federal 
     land under the jurisdiction of the Federal agency;
       (2) limits the discretion of a Federal land manager to 
     implement an approved land use plan within the boundaries of 
     the Heritage Area; or
       (3) modifies, alters, or amends any authorized use of 
     Federal land under the jurisdiction of a Federal agency.

     SEC. 8. PRIVATE PROPERTY OWNERS AND REGULATORY PROTECTIONS.

       Nothing in this Act--
       (1) abridges the rights of any owner of public or private 
     property, including the right to refrain from participating 
     in any plan, project, program, or activity conducted within 
     the Heritage Area;
       (2) requires any property owner to permit public access 
     (including access by any Federal, tribal, State, or local 
     agency) to the property;
       (3) modifies any provisions of Federal, tribal, State, or 
     local law with regard to public access to, or use of, private 
     land;
       (4) alters any land use regulation, approved land use plan, 
     or other regulatory authority of any Federal, tribal, State, 
     or local agency;
       (5) conveys any land use or other regulatory authority to 
     the local coordinating entity;
       (6) authorizes or implies the reservation or appropriation 
     of water or water rights;
       (7) diminishes the authority of the State to manage fish 
     and wildlife, including the regulation of fishing and hunting 
     within the Heritage Area; or
       (8) creates any liability, or affects any liability under 
     any other law, of any private property owner with respect to 
     any person injured on the private property.

     SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There is authorized to be appropriated to 
     carry out this Act $10,000,000, of which not more than 
     $1,000,000 may be made available for any fiscal year.
       (b) Cost-Sharing Requirement.--
       (1) In general.--The Federal share of the cost of any 
     activity provided assistance or a grant under this Act shall 
     not exceed 50 percent of the total cost of the activity.
       (2) Form of non-federal share.--The non-Federal share--
       (A) shall be from non-Federal sources; and
       (B) may be in the form of in-kind contributions of goods 
     and services fairly valued.

     SEC. 10. TERMINATION OF AUTHORITY.

       The authority of the Secretary to provide financial 
     assistance under this Act terminates on the date that is 15 
     years after the date of enactment of this Act.
                                 ______
                                 
      By Mrs. McCASKILL:
  S. 360. A bill to limit compensation to officers and directors of 
entities receiving emergency economic assistance from the Government; 
to the Committee on Banking, Housing, and Urban Affairs.
  Mrs. McCASKILL. Mr. President, I could not agree more with my 
colleague from Rhode Island. There are a

[[Page 2113]]

lot of things we need in this country right now. We need jobs. We need 
something to stimulate our economy. We need certainty in the credit 
market. But probably more than anything what we need in this country 
right now is confidence, confidence that we can face down these 
problems and move forward like America has always done.
  What do we have instead of confidence? Raw anger. I am mad. Everyone 
I work for is mad. Anger can be constructive. It can be channeling. I 
am here today to say it is time we channel this anger and change the 
law. We do not need anger. We have a bunch of idiots on Wall Street who 
are kicking sand in the face of the American taxpayer. My colleague 
talked about some of them. Let me review. These financial institutions, 
on the brink of extinction, come to the American taxpayer for hundreds 
of billions of dollars at the very same time they think they are going 
to buy a $50 million corporate jet. They are going to pay out $18 
billion in bonuses. They paid an average of $2.6 million to every 
executive at the first 116 banks that got taxpayer money under TARP. 
Let me say that again: An average of $2.6 million in executive pay to 
the folks at the first 116 banks that got money from the taxpayers.
  They don't get it. These people are idiots. You can't use taxpayer 
money to pay out $18 billion in bonuses. Merrill Lynch is unbelievable. 
They saved $3 billion to $4 billion from the pot of money that was 
going to Bank of America, the sale that was going to close the first 
week in January. They always gave bonuses in January. Do you know what 
these sneaky guys did? They decided to give their bonuses in December 
before the Bank of America took over. They paid out $3 billion to $4 
billion in bonuses in December, and that quarter, Merrill Lynch lost 
$21 billion. What planet are these people on? What could they be 
thinking about?
  So here is what this bill is going to do. This is called the Cap 
Executive Officer Pay Act of 2009, and it is very simple. Going 
forward, you want taxpayers to help you survive? You want the people at 
your financial institution to have a job tomorrow? Then you are going 
to have to limit everyone's pay at your company to the same salary the 
President of the United States makes. Is that so unreasonable? It is 
eight times the median household income in the United States of 
America--$400,000 a year. I don't think that sounds like a bad deal. 
Should these people be making more than the President of the United 
States? Now, really, should they? They should not be making more than 
the President of the United States. So every executive going forward 
could not make more than $400,000 a year, and they have to limit that 
executive compensation for everyone in their company until they pay 
back every dime to the taxpayers.
  Now, once they are off the public dole, once the taxpayers aren't 
footing the bill, then it is not as much our business what they get 
paid. But right now, they are on the hook to us, and they owe us 
something other than a fancy wastebasket and a $50 million jet. They 
owe us some common sense. If any of them think it is a hardship to take 
the salary of the President of the United States, I dare them to say so 
out loud right now because that is not going to instill confidence.
  What is going to instill confidence is for the men and women in these 
companies to realize it is time for everyone in this country to tighten 
their belt. It is time for everyone to realize we must have our 
financial institutions survive but not with a culture that thinks it is 
OK to kick the taxpayer in the shins while they drink champagne and fly 
in fancy jets. It doesn't work; not in the United States of America.
  I ask my colleagues to sign on to this bill. I think it makes sense. 
We should have done it in the first place, but I don't think any of us 
thought these guys were this stupid. I don't think any of us believed 
they would take billions of dollars of bonuses while their institutions 
were literally days from being wiped out, but they did, and we have 
learned our lesson.
  So I hope all my colleagues will sign on this bill. I hope we can get 
it passed quickly so that from this day forward, the President of the 
United States will make the same amount of money as the executives of 
these companies who owe the taxpayers hundreds and hundreds of billions 
of dollars.
                                 ______
                                 
      By Mr. ROCKEFELLER (for himself, Mr. Webb, Mr. Brown, Ms. 
        Mikulski, and Mr. Sanders
  S. 362. A bill to amend title 38, United States Code, to improve the 
collective bargaining rights and procedures for review of adverse 
actions of certain employees of the Department of Veterans Affairs, and 
for other purposes; to the Committee on Veterans' Affairs.
  Mr. ROCKEFELLER. Mr. President, I rise today to reintroduce 
legislation designed to fix the personnel laws that cover the 
Department of Veterans Affairs health care professionals, including 
registered nurses, physicians, physician assistants, dentists, 
podiatrists, optometrists, and dental assistants. I am proud to have 
the support of my colleagues, Senators Webb, Brown, Mikulski, and 
Sanders.
  Whenever I visit VA Medical Centers and meet with veterans, I hear 
wonderful stories about nurses and other VA health care professionals 
who work long and hard to provide care to our veterans. Too often, our 
health care professionals are working under real stress due to lack of 
funds or staff shortages. Almost 22,000 of the registered nurses caring 
for our veterans will be eligible to retire by 2010. Even more stunning 
is that 77 percent of all resignations of nurses occur within the first 
5 years. This is a clear signal that more must be done to retain VA 
nurses and quality health care staff. Anyone involved in health care 
understands the important role that nurses play in the quality of care 
and patient satisfaction.
  The goal of this bill is to support the VA health care professionals 
who work hard to provide quality care to our veterans. The bill seeks 
to return to the partnership agreement of the 1990s between VA 
management and workforce. Flexible scheduling and basic fairness from 
management are key issues that must be addressed to recruit and retain 
a strong workforce. Morale is important in every workplace, and 
particularly in a VA Medical Center.
  West Virginia has four VA Medical Centers, each with a dedicated team 
of health care professionals. I have met with the nurses and other 
professionals to hear their requests for flexible scheduling. I believe 
that we should restore the management partnership and work hard to 
retain our dedicated team of health professionals for our aging 
veterans, and those newly returning from Iraq and Afghanistan, with 
both physical and mental wounds of war, that deserve experienced VA 
care.

                          ____________________