[Congressional Record Volume 156, Number 110 (Monday, July 26, 2010)]
[Senate]
[Pages S6246-S6247]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. ROCKEFELLER (for himself and Mr. Goodwin):
S. 3649. A bill to amend the Surface Mining Control and Reclamation
Act of 1977 to provide for use of excess funds available under that Act
to provide for certain benefits, and for other purposes; to the
Committee on Energy and Natural Resources.
Mr. ROCKEFELLER. Mr. President, I rise today to introduce the
Coalfield Accountability and Retired Employee Act of 2010, CARE Act.
Senator Goodwin joins me in introducing this important legislation. It
is the first bill we have worked together on, and I look forward to
many more as partners in the Senate fighting for West Virginians.
The CARE Act protects the pensions for over 100,000 mineworkers. It
takes excess funds from the Abandoned Mine Land Reclamation Program and
transfers that money to the United Mine Workers of America, UMWA,
pension plan. These are AML funds that go unused and are not needed,
according to the Office of Surface Mining Reclamation and Enforcement
and the UMWA. So what our legislation does is put that money to good
use, and protects the pensions of our hardworking mineworkers.
Congress needs to act because the UMWA pension fund is on the road to
insolvency. It has been hit by the perfect storm--the recent financial
crisis, the small number of active mineworkers who provide the funding
base for the pension plan, and the large number of ``orphans'' who
receive their pensions under the plan. These ``orphans'' are retired
mineworkers for whom a company no longer makes contributions to the
pension fund, typically because the company is out of business.
So Congress and the Federal Government have to act in order to make
sure that the pensions of our mineworkers
[[Page S6247]]
are protected. Dating back to President Harry Truman, the Federal
Government has assumed a responsibility to our mineworkers. In 1992, I
was extremely proud to work on the passage of the COAL Act, where we
recommitted to our miners. That bill allowed the transfer of interest
accruing to the unappropriated balance of the Abandoned Mine
Reclamation Fund to be used to provide health care for a large number
of orphaned miners and their widows. This Federal commitment was once
again affirmed in the 2006 amendments to the Abandoned Mine Reclamation
Program which sought to again protect the health care plans of miners
from insolvency.
Now, 18 years after passing the COAL Act, Senator Goodwin and I are
again renewing our commitment to the nation's miners with the CARE Act.
This bill will protect the solvency of our miners' pension plans.
In West Virginia, we revere our miners--the men and women who put
their lives on the line every single day to provide for their families
and bring light and heat to millions. Their tenacity, their courage and
their determination is an inspiration to us all. The work they do
everyday provides nearly half of our nation with power to light and
heat our homes. We should all thank them for the service they provide
this country, and continue protecting our miners' retirement benefits
going forward.
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By Mr. WYDEN (for himself, Mr. Akaka, Mr. Voinovich, Ms. Collins,
Ms. Landrieu, and Mr. Lieberman):
S. 3650. A bill to amend chapter 21 of title 5, United States Code,
to provide that fathers of certain permanently disabled or deceased
veterans shall be included with mothers of such veterans as preference
eligibles for treatment in the civil service; to the Committee on
Homeland Security and Governmental Affairs.
Mr. WYDEN. Mr. President, the wars in Iraq and Afghanistan are taking
a huge toll on our servicemembers and their families. To date, 123
Oregonians have died in those wars, leaving behind grieving friends and
families. I'll never forget the pain I've heard in the voices of the
Oregon parents I've spoken to after they've lost a son or daughter to
war.
These parents are often called ``Gold Star parents'' because, by
tradition, they display a Gold Star flag to let the world know of their
sacrifice.
Our nation can't lift the burden of their grief. No one can.
However, our nation does commit to recognize the immense sacrifice of
Gold Star parents by giving them certain benefits. One of those
benefits is a 10-point hiring preference for unmarried Gold Star
mothers when they apply for jobs with the federal government.
But I was surprised to learn that this preference cannot be given to
Gold Star fathers. This inequity is a relic from the past; an example
of the law has not kept up with the times. We can now see that all
unmarried Gold Star mothers and fathers deserve to have the federal
government recognize their sacrifice equally. That is why I am
introducing a bill to update the law.
I learned of this disparity from my friend Steve Ellis of Baker City,
Oregon. Steve lost his beloved daughter, Army Corporal Jessica Ann
Ellis, when she was killed by a roadside bomb in Baghdad in 2008.
Although Steve is a Gold Star father, he would still not be eligible
for the benefit under my proposed change because he is married. But he
didn't point out this inequity in the law for his own benefit. He did
it for future Gold Star fathers. He saw an inequity in the law, and
felt it was his duty to try and get it fixed for other Gold Star
fathers.
So today I introduce the Jessica Ann Ellis Gold Star Fathers Act as a
small legislative fix that will make a big change to federal veterans'
preference laws through true equality.
This bill will give any unmarried Gold Star parent, regardless of
gender, a 10-point hiring preference when they apply for federal jobs.
It will also give the benefit to any unmarried parent of a totally and
permanently disabled servicemember.
Gold Star mothers and fathers deserve equal recognition for the loss
of a child who bravely made the ultimate sacrifice for his or her
country. The Jessica Ann Ellis Gold Star Fathers Act will give them
that.
This bill is supported by the American Gold Star Mothers
organization, and is cosponsored by Senator Akaka, Senator Voinovich,
Senator Collins, Senator Landrieu and Senator Lieberman. I hope it can
be passed quickly.
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. 3650
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 ``Jessica Ann Ellis Gold Star
Fathers Act of 2010''.
SEC. 2. PREFERENCE ELIGIBLE TREATMENT FOR FATHERS OF CERTAIN
PERMANENTLY DISABLED OR DECEASED VETERANS.
Section 2108(3) of title 5, United States Code, is amended
by striking subparagraphs (F) and (G) and inserting the
following:
``(F) the parent of an individual who lost his or her life
under honorable conditions while serving in the armed forces
during a period named by paragraph (1)(A) of this section,
if--
``(i) the spouse of that parent is totally and permanently
disabled; or
``(ii) that parent, when preference is claimed, is
unmarried or, if married, legally separated from his or her
spouse;
``(G) the parent of a service-connected permanently and
totally disabled veteran, if--
``(i) the spouse of that parent is totally and permanently
disabled; or
``(ii) that parent, when preference is claimed, is
unmarried or, if married, legally separated from his or her
spouse; and''.
SEC. 3. EFFECTIVE DATE.
The amendment made by this Act shall take effect 90 days
after the date of enactment of this Act.
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