November 20, 2008 CONGRESSIONAL RECORD — SENATE S10745 

not later than 3 days after the date on which 

the nomination of the Special Inspector General is first confirmed by the Senate’’. 

SEC. 3. OBLIGATION TO RESPOND TO AUDITS. 

Section 121 of the Emergency Economic 

Stabilization Act of 2008 (division A of Public 

Law 110-343) is amended— 

(1) by redesignating subsections (f), (g), and 

(h) as subsections (g), (h), and (i), respectively; and 

(2) by inserting after subsection (e) the following: 

‘‘(f) CORRECTIVE RESPONSES TO AUDIT PROBLEMS.—The Secretary shall— 

‘‘(1) take action to address deficiencies 

identified by the Special Inspector General 

or other auditor engaged by the TARP; or 

‘‘(2) certify to appropriate committees of 

Congress that no action is necessary or appropriate.’’. 

SEC. 4. ADDITIONAL OVERSIGHT MECHANISMS. 

Section 121(c)(1) of the Emergency Economic Stabilization Act of 2008 (division A of 

Public Law 110-343) is amended by striking 

‘‘purchase, management’’ and all that follows through ‘‘including’’ and inserting ‘‘activities of the Secretary in the expenditure 

or obligation of funds under this title, including’’. 

SEC. 5. REPORTING REQUIREMENT. 

Section 121(g) of the Emergency Economic 

Stabilization Act of 2008 (division A of Public 

Law 110-343), as so designated by this Act, is 

amended— 

(1) by redesignating paragraphs (2) and (3) 

as paragraphs (3) and (4), respectively; and 

(2) by inserting after paragraph (1) the following: 

‘‘(2) Not later than July 1, 2009, the Special 

Inspector General shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report analyzing the use of any funds 

received by a financial institution under the 

TARP.’’. 

SEC. 6. PERSONNEL AUTHORITIES. 

Section 121(e)(1) of the Emergency Economic Stabilization Act of 2008 (division A of 

Public Law 110–343) is amended— 

(1) by inserting ‘‘(A)’’ after ‘‘(1)’’; and 

(2) by adding at the end the following: 

‘‘(B)(i) Subject to clause (ii), the Special 

Inspector General may exercise the employment authorities of subsections (b) through 

(i) of section 3161 of title 5, United States 

Code (without regard to subsection (a) of 

that section). 

‘‘(ii) In exercising the employment authorities under subsection (b) of section 3161 

of title 5, United States Code, (as provided 

under clause (i)) the Special Inspector General may not make any appointment on or 

after the date occurring 1 year after the date 

of the first confirmation of a nomination for 

the Special Inspector General.’’. 

By Mrs. CLINTON (for herself 

and Mrs. MURRAY): 

S. 20. A bill to prohibit the implementation ’or enforcement of certain 

regulations; to the Committee on 

Health, Education, Labor, and Pensions. 

Mrs. CLINTON. Mr. President, as this 

session comes rapidly to a close, my 

colleague Senator MURRAY and I are introducing critical legislation to suspend the Bush administration’s latest 

attempt to put ideology before women’s health. The rule being proposed by 

the administration would limit patients’ access to basic reproductive 

health care services and information. 

The Protecting Patients and Health 

Care Act would prevent HHS from implementing this ill-conceived, midnight 

regulation. 

As you know, Senator MURRAY and I 

have been speaking out against this 

rule since July. The rule, as it was 

then proposed in August by the Department of Health and Human Services, is 

a serious threat to patients’ access to 

information and care. 

Then in September, Senator MURRAY

and I had a very frank conversation 

with Secretary Leavitt about how this 

rule could create a slippery slope leading to patients being denied access to 

contraception and other important information or care. However, despite the 

important concerns we raised to the 

Secretary, the New York Times reported this past Monday that in the 

coming days, HHS plans to release a 

final regulation that would undermine 

women’s health. 

I am hopeful that my Senate colleagues from both sides of the aisle will 

join me today in supporting this important piece of legislation to protect patients’ rights and health care. 

By Mr. REID (for himself and Mr. 

HARKIN): 

S. 3709. A bill to amend the Farm Security and Rural Investment Act of 

2002 to expand the Rural Energy for 

America Program to include schools in 

rural areas; to the Committee on Agriculture, Nutrition, and Forestry. 

Mr. REID. Mr. President, today I am 

introducing legislation, along with my 

colleague Senator HARKIN, to create 

opportunities for schools, located in 

rural communities across this country, 

to compete for grants and loans to purchase energy systems or make energy 

efficiency improvements. 

The recently passed Farm Bill authorized roughly $1 billion in mandatory spending for renewable energy 

programs. One of those programs is 

The Rural Energy for America Program, REAP. This program provides 

loans, loan guarantees, and grants to 

agricultural producers and rural small 

businesses to invest in energy saving 

improvements to their current energy 

systems or to purchase renewable energy systems. Examples include purchasing or replacing equipment with 

more efficiency units, such as lighting 

or insulation, or the wholesale installment of energy projects that produce 

energy from wind, solar, biomass, geothermal, and hydrogen-based sources 

to produce any form of energy including, heat, electricity, or fuel. 

My legislation would authorize an 

additional $100 million over 5 years for 

these grants and in effect expand the 

scope of the program, allowing it to 

better meet the needs of rural communities and creating important incentives for institutions to invest in renewable technology. It is my hope that 

Congress will support this legislation 

and its goal of helping rural communities play a key role in our Nation’s 

energy future. 

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. 3709 

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

Congress assembled, 

SECTION 1. RURAL ENERGY FOR AMERICA PROGRAM. 

(a) IN GENERAL.—Section 9007 of the Farm 

Security and Rural Investment Act of 2002 (7 

U.S.C. 8107) is amended— 

(1) by striking ‘‘and rural small businesses’’ each place it appears and inserting 

‘‘, rural small businesses, and rural schools’’; 

and 

(2) in subsection (b)(6) and (c)(3)(A), by 

striking ‘‘or rural small business’’ each place 

it appears and insert ‘‘, rural small business, 

or rural school’’. 

(b) DEFINITION OF RURAL SCHOOL.—Section 

9007(a) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8107(a) is 

amended— 

(1) by redesignating paragraphs (1) and (2) 

as subparagraphs (A) and (B), respectively, 

and indenting appropriately; and 

(2) by striking ‘‘The Secretary’’ and inserting the following: 

‘‘(1) DEFINITION OF RURAL SCHOOL.—In this 

section, the term ‘rural school’ means a 

school in a rural area (as defined in section 

343(a) of the Consolidated Farm and Rural 

Development Act (7 U.S.C. 1991(a))). 

‘‘(2) ESTABLISHMENT.—The Secretary’’. 

(c) MANDATORY FUNDING.—Section 

9007(g)(1) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8107(g)(1) is 

amended— 

(1) by redesignating subparagraphs (A) 

through (D) as clauses (i) through (iv), respectively, and indenting appropriately; 

(2) by striking ‘‘Of the funds’’ and inserting 

the following: 

‘‘(A) IN GENERAL.—Of the funds’’; and 

(3) by adding at the end the following: 

‘‘(B) FUNDING FOR RURAL SCHOOLS.—In addition to amounts made available under subparagraph (A), of the funds of the Commodity Credit Corporation, the Secretary 

shall use to provide assistance to rural 

schools under this section, $20,000,000 for 

each of fiscal years 2009 through 2013, to remain available until expended.’’. 

Mr. HARKIN. Mr. President, today I 

am proud to cosponsor this legislation 

to expand the Rural Energy for America Program, REAP, to include schools 

in rural areas. This amendment to the 

program will encourage our rural 

schools to carry out energy efficiency 

projects and install renewable energy 

systems, thus reducing their dependence on fossil energy and reducing future energy costs. I am proud to join 

my colleague, Senator REID of Nevada, 

as a cosponsor of this bill. 

The Rural Energy for America Program, enacted in the 2008 farm bill—the 

Food, Conservation, and Energy Act of 

2008—is an expansion of the very successful section 9006 program which was 

established by the 2002 farm bill. The 

program has supported over 2,000 renewable energy and energy efficiency 

projects for farmers, ranchers, and 

rural small businesses since its enactment. Most impressive is the fact that 

the Federal investments in these 

projects were matched by almost 10 

times as much in funding from the developers of the projects and other 

sources. This truly is a hallmark of a 


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S10746 CONGRESSIONAL RECORD — SENATE November 20, 2008 

successful Federal program, exactly 

the kind of program that deserves expansion, especially because it supports 

rural economic development while 

helping to provide us with cleaner and 

more sustainable energy systems. Expanding this program to rural schools 

just makes sense—they foster rural 

economic development and should be 

able to take part in this transition to 

better energy systems and to realize 

the associated environmental and economic benefits. 

I urge my Senate colleagues to join 

me in passing this important legislation. 

By Mr. REID (for himself, Mr. 

MCCONNELL, Mr. LEAHY, Mr. 

HATCH, Mr. GRASSLEY, Mrs. 

FEINSTEIN, and Mr. BINGAMAN): 

S. 3711. A bill to authorize a cost of 

living adjustment for the Federal judiciary; considered and passed. 

Mr. REID. Mr. President, I ask unanimous consent that the text of the bill 

be printed in the RECORD. 

There being no objection, the text of 

the bill was ordered to be placed in the 

RECORD, as follows: 

S. 3711 

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

Congress assembled, 

SECTION 1. COST OF LIVING ADJUSTMENT FOR 

THE FEDERAL JUDICIARY. 

Pursuant to section 140 of Public Law 97– 

92, justices and judges of the United States 

are authorized during fiscal year 2009 to receive a salary adjustment in accordance with 

section 461 of title 28, United States Code. 

By Mr. DURBIN (for himself and 

Mr. AKAKA): 

S. 3713: A bill to provide for the integration of the Captain James A. Lovell 

Federal Health Care Center and the 

Great Lakes Naval Health Clinic, and 

for other purposes; to the Committee 

on Armed Services. 

Mr. DURBIN. Mr. President, I ask 

unanimous consent that the text of the 

bill be printed in the RECORD. 

There being no objection, the text of 

the bill was ordered to be placed in the 

RECORD, as follows: 

S. 3713 

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 ‘‘Captain 

James A. Lovell Federal Health Care Center 

Act of 2008’’. 

SEC. 2. TRANSFER OF PROPERTY. 

(a) TRANSFER.— 

(1) TRANSFER AUTHORIZED.—Upon the conclusion of a resource-sharing agreement between the Secretary of Defense and the Secretary of Veterans Affairs providing for the 

joint use by the Department of Defense and 

the Department of Veterans Affairs of a facility and supporting facilities in North Chicago, Illinois, and Great Lakes, Illinois, and 

for joint use of related medical personal 

property and equipment, the Secretary of 

Defense may transfer, without reimbursement, to the Department of Veterans Affairs 

the Navy ambulatory care center (on which 

construction commenced in July 2008), parking structure, and supporting facilities, and 

related medical personal property and equipment, located in Great Lakes, Illinois. 

(2) DESIGNATION OF JOINT USE FACILITY.— 

The facility and supporting facilities subject 

to joint use under the agreement and transfer under this subsection shall be designated 

as known as the ‘‘Captain James A. Lovell 

Federal Health Care Center’’. 

(b) REVERSION.— 

(1) IN GENERAL.—If any of the real and related personal property transferred pursuant 

to subsection (a) is subsequently used for 

purposes other than the purposes specified in 

the joint use specified in the resource-sharing agreement described in that subsection 

or otherwise determined by the Secretary of 

Veterans Affairs to be excess to the needs of 

the Department of Veterans Affairs, the Secretary of Veterans Affairs shall offer to 

transfer such property, without reimbursement, to the Secretary of Defense. Any such 

transfer shall be completed not later than 

one year after the acceptance of the offer of 

transfer. 

(2) REVERSION IN EVENT OF LACK OF FACILITIES INTEGRATION.— 

(A) WITHIN INITIAL PERIOD.—During the 5- 

year period beginning on the date of the 

transfer of the real and related personal 

property described in subsection (a), if the 

Secretary of Veterans Affairs and the Secretary of Defense jointly determine that the 

integration of the facilities described in that 

subsection should not continue, the real and 

related personal property of the Navy ambulatory care center, parking structure, and 

support facilities described in that subsection shall be transferred, without reimbursement, to the Secretary of Defense. Such 

transfer shall occur not later than 180 days 

after the date of such determination by the 

Secretaries. 

(B) AFTER INITIAL PERIOD.—After the end of 

the 5-year period described in subparagraph 

(A), if either the Secretary of Veterans Affairs or the Secretary of Defense determines 

that the integration of the facilities described in subsection (a) should not continue, 

the Secretary of Veterans Affairs shall 

transfer, without reimbursement, to the Secretary of Defense the real and related personal property described in paragraph (1). 

Such transfer shall occur not later than one 

year after the date of the determination by 

the Secretary concerned. 

SEC. 3. TRANSFER OF CIVILIAN PERSONNEL OF 

THE DEPARTMENT OF DEFENSE. 

(a) AUTHORIZATION FOR TRANSFER OF FUNCTIONS.— 

(1) IN GENERAL.—The Secretary of Defense 

may transfer to the Department of Veterans 

Affairs, and the Secretary of Veterans Affairs may accept from the Department of Defense, functions necessary for the effective 

operation of the Captain James A. Lovell 

Federal Health Care Center. 

(2) TREATMENT OF TRANSFERS.—Any transfer of functions under this subsection is a 

transfer of functions within the meaning of 

section 3503 of title 5, United States Code. 

(b) TERMS OF AGREEMENT.— 

(1) RESOURCE-SHARING AGREEMENT.—Any 

transfer of functions under subsection (a) 

shall be effectuated in a resource-sharing 

agreement between the Secretary of Defense 

and the Secretary of Veterans Affairs. 

(2) ELEMENTS.—Notwithstanding any other 

provision of law, including but not limited to 

any provisions of title 5, United States Code, 

relating to transfers of function or reductions-in-force, the agreement described in 

paragraph (1) shall be controlling and may 

make provision for— 

(A) the transfer of civilian employee positions of the Department of Defense identified 

in the agreement to the Department of Veterans Affairs and of the incumbent civilian 

employees in such positions; 

(B) the transition of transferred employees 

to pay, benefits, and personnel systems of 

the Department of Veterans Affairs in a 

manner which will not result in any reduction of pay, grade, or employment progression of any employee or any change in employment status for employees who have already successfully completed or are in the 

process of completing a one-year probationary period under title 5, United States 

Code; 

(C) the establishment of integrated seniority lists and other personnel management 

provisions that recognize an employee’s experience and training so as to provide comparable recognition of employees previously 

with the Department of Veterans Affairs and 

employees newly transferred to such Department; and 

(D) such other matters relating to civilian 

personnel management as the Secretary of 

Defense and the Secretary of Veterans Affairs consider appropriate. 

(c) PRESERVATION OF AUTHORITY.—Notwithstanding subsections (a) and (b), nothing in 

this section shall be construed as limiting 

the authority of the Secretary of Defense to 

establish civilian employee positions in the 

Department of Defense and utilize all civilian personnel authorities otherwise available 

to the Secretary if the Secretary determines 

that such actions are necessary and appropriate to meet mission requirements of the 

Department of Defense. 

SEC. 4. EXTENSION AND EXPANSION OF JOINT INCENTIVE FUND. 

(a) TEN-YEAR EXTENSION OF AUTHORITY FOR

JOINT INCENTIVES PROGRAM.—Paragraph (3) 

of section 8111(d) of title 38, United States 

Code, is amended by striking ‘‘2010’’ and inserting ‘‘2020’’. 

(b) FUNDING OF MAINTENANCE AND MINOR

CONSTRUCTION FROM THE JOINT INCENTIVE

FUND.—Paragraph (2) of such section is 

amended by adding at the end the following 

new sentence: ‘‘Such purposes shall include 

real property maintenance and minor construction projects that are not required to be 

specifically authorized by law under section 

8104 of this title and section 2805 of title 10.’’. 

SEC. 5. HEALTH CARE ELIGIBILITY FOR SERVICES AT THE CAPTAIN JAMES A. 

LOVELL FEDERAL HEALTH CARE 

CENTER. 

(a) IN GENERAL.—For purposes of eligibility for health care under chapter 55 of 

title 10, United States Code, the Captain 

James A. Lovell Federal Health Care Center 

authorized by this Act may be deemed to be 

a facility of the uniformed services to the extent provided in an agreement between the 

Secretary of Defense and the Secretary of 

Veterans Affairs under subsection (b). 

(b) ELEMENTS OF AGREEMENT.—Subsection 

(a) may be implemented through an agreement between the Secretary of Veterans Affairs and the Secretary of Defense. The 

agreement may— 

(1) establish an integrated priority list for 

access to available care at the facility described in subsection (a), integrating the respective priority lists of the Secretaries, 

taking into account categories of beneficiaries, enrollment program status, and 

such other factors as the Secretaries determine appropriate; 

(2) incorporate any resource-related limitations for access to care at that facility established by the Secretary of Defense for 

purposes of administering space-available 

eligibility for care in facilities of the uniformed services under chapter 55 of title 10, 

United States Code; 

(3) allocate financial responsibility for care 

provided at that facility for individuals who 

are eligible for care under both title 38, 

United States Code, and chapter 55 of title 

10, United States Code; and 


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