[Congressional Record (Bound Edition), Volume 156 (2010), Part 10]
[Senate]
[Pages 13921-13922]
[From the U.S. 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 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.
                                 ______
                                 
      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:

[[Page 13922]]



                                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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