[Congressional Record (Bound Edition), Volume 156 (2010), Part 1]
[Senate]
[Pages 884-889]
[From the U.S. 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

[[Page 885]]

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.
                                 ______
                                 
      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 remove 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.

[[Page 886]]

  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 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

[[Page 887]]

     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''.
       (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.

[[Page 888]]

       (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 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.

[[Page 889]]

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.
  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.

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