Cesar Estrada Chavez Study Act
Legislative Activity
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Indefinitely postponed by Senate by Unanimous Consent. (consideration: CR S5530)
June 11, 2008
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Introduced in House
January 9, 2007
Referred to the House Committee on Natural Resources.
January 9, 2007
Referred to the Subcommittee on National Parks, Forests and Public Lands.
February 7, 2007
Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote .
April 19, 2007
Subcommittee Consideration and Mark-up Session Held.
April 19, 2007
Committee Consideration and Mark-up Session Held.
May 2, 2007
Approved Further Amendments To Measure Previously Reported.
May 2, 2007
Reported (Amended) by the Committee on Natural Resources. H. Rept. 110-223.
July 10, 2007
Placed on the Union Calendar, Calendar No. 139.
July 10, 2007
Mr. Sarbanes moved to suspend the rules and pass the bill, as amended.
July 10, 2007 • 2:10 PM
Considered under suspension of the rules. (consideration: CR H7438-7440)
July 10, 2007 • 2:10 PM
DEBATE - The House proceeded with forty minutes of debate on H.R. 359.
July 10, 2007 • 2:10 PM
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H7438)
July 10, 2007 • 2:21 PM
On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H7438)
July 10, 2007 • 2:21 PM
Motion to reconsider laid on the table Agreed to without objection.
July 10, 2007 • 2:21 PM
Received in the Senate and Read twice and referred to the Committee on Energy and Natural Resources.
July 11, 2007
Committee on Energy and Natural Resources Senate Subcommittee on National Parks. Hearings held. With printed Hearing: S.Hrg. 110-213.
September 11, 2007
Committee on Energy and Natural Resources. Reported by Senator Bingaman without amendment. With written report No. 110-312.
April 10, 2008
Placed on Senate Legislative Calendar under General Orders. Calendar No. 664.
April 10, 2008
Indefinitely postponed by Senate by Unanimous Consent. (consideration: CR S5530)
June 11, 2008
Floor Debate
17 membersWhat members said about H.R. 359 on the floor
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Floor Debate
17 membersWhat members said about H.R. 359 on the floor
Mr. President, today I will introduce the End Racial Profiling Act of 2007. Ending racial profiling in America has been a priority for me for many years. I worked with the senior Senator from New…
Mr. President, today I will introduce the End Racial Profiling Act of 2007.
Ending racial profiling in America has been a priority for me for many years. I worked with the senior Senator from New Jersey, Senator Lautenberg, back in 1999 on a bill to collect statistics on traffic stops, which is where the problem of racial profiling was first revealed. Many studies from around the country now confirm that racial profiling is indeed a real problem that wastes police resources and diminishes trust between police departments and the communities they protect.
In 2001, in his first State of the Union address, President Bush told the American people that ``racial profiling is wrong and we will end it in America.'' He asked the Attorney General to implement a policy to end racial profiling. The Department of Justice released a Fact Sheet and Policy Guidance addressing racial profiling in 2003, stating that racial profiling is wrong and ineffective and perpetuates negative racial stereotypes in our country. Though these guidelines are helpful, they do not end racial profiling and they do not have the force of law. Unfortunately, more than 6 years after the President's promise to the country, we have not yet ended racial profiling in this country.
The End Racial Profiling Act of 2007 will do what the President promised; it will help America achieve the goal of bringing an end to racial profiling. This bill bans racial profiling and requires Federal, State, and local law enforcement officers to take steps to end this practice.
Racial profiling is the practice by which some law enforcement agents treat differently African Americans, Latinos, Asian Americans, Arab Americans and others simply because of their race, ethnicity, national origin, or perceived religion. I have the utmost respect for law enforcement agents, and I believe that most of them do not engage in this practice. Nonetheless, reports in States from New Jersey to Florida, and Maryland to Texas all show that African Americans, Hispanics, and members of other minority groups were stopped by some police far more often than their share of the population and the crime rates for those racial categories.
Passing this bill is even more urgent after 9/11, as we have seen racial profiling used against Arab and Muslim Americans or Americans perceived to be Arab or Muslim. The 9/11 attacks were horrific, and I share the determination of many Americans that finding those responsible and preventing future attacks should be this Nation's top priority. This is a challenge that our country can and must meet. But to do that we need improved intelligence and law enforcement. Making assumptions based on racial, ethnic, or religious stereotypes will not protect our nation from crime or from future terrorist attacks.
A report released in May by the Department of Justice's Bureau of Justice Statistics, covering 2005 data, found that while an African American person is now almost equally likely to be stopped as a white person, he or she is more than two and a half times more likely to be searched, more than twice as likely to be arrested, and more than three and a half times more likely to experience the use of force. Yet, according to studies from multiple police jurisdictions, these encounters with law enforcement are less likely to reveal criminal activity on the part of African Americans than whites. The flagrancy of this flawed and irrational practice has led Harvard Law School professor Charles Ogletree to observe, ``If I'm dressed in a knit cap and hooded jacket, I'm probable cause.''
The disparities outlined above, which also apply to other ethnic groups, have led the International Association of Chiefs of Police to call for an end to racial profiling. In addition, police departments around the country have independently developed programs and policies to prevent racial profiling and comply with the Department of Justice's policy guidance. In my own State of Wisconsin, law enforcement officials have taken steps to train police officers, improve academy training, establish model policies prohibiting racial profiling, and improve relations with our State's diverse communities. I applaud the efforts of Wisconsin law enforcement. This is excellent progress and shows widespread recognition that racial profiling harms our society. But like the DOJ policy guidance, local programs don't have the force of law behind them. The Federal government must step up, as President Bush promised. It must play a vital role in protecting civil rights and acting as a model for State and local law enforcement.
Now, perhaps more than ever before, our Nation cannot afford to waste precious law enforcement resources or alienate Americans by tolerating discriminatory practices. The mass detention of hundreds of Middle Eastern and Arab men on minor violations after 9/11, for example, resulted in not a single terrorism charge. These detentions did, however, shatter the lives of many people with no connection to terrorism whatsoever through lengthy disappearances, detentions, and deportations.
Similarly, when the Federal Government required the registration of individuals from Arab or Muslim countries in 2002, between 500 and 1,000 registrants who voluntarily complied were detained in the Los Angeles/Orange County area alone. Such heavy-handed tactics do not help us in fighting terrorism--they shut off dialogue and make good people unwilling to risk interaction with their Government. Treating sympathetic communities as suspicious ones is counterproductive, and it is wrong.
It is past time for Congress and the President to enact comprehensive Federal legislation that will end racial profiling once and for all. In clear language, the End Racial Profiling Act of 2007 bans racial profiling. It defines racial profiling in terms that are consistent with the Department of Justice's Policy Guidance. But this bill does more than prohibit and define racial profiling--it gives law enforcement agencies and officers the tools necessary to end the harmful practice. For that reason, the End Racial Profiling Act of 2007 is a pro-law enforcement bill.
This bill would allow the Justice Department or individuals to enforce the prohibition by filing a suit for injunctive relief. The bill would also require Federal, State, and local law enforcement agencies to adopt policies prohibiting racial profiling, implement effective complaint procedures or create independent auditor programs, implement disciplinary procedures for officers who engage in the practice, and collect data on routine and spontaneous investigatory activities. In addition, it requires the Attorney General to report to Congress so Congress and the American people can monitor whether the steps outlined in the bill to prevent and end racial profiling have been effective.
This bill also authorizes the Attorney General to provide incentive grants to help law enforcement comply with the ban on racial profiling, including funds to conduct training of police officers or purchase in- car video cameras.
Like the bill I introduced in 2005, this year's bill contains a significant improvement over previous versions. In some early proposals, DOJ grants for State and local law enforcement agencies were tied to the agency having some kind of procedure for handling complaints of racial profiling. At the suggestion of experts in the field, the bill now requires law enforcement agencies to adopt either an administrative complaint procedure or an independent auditor program to be eligible for DOJ grants. The Attorney General must promulgate regulations that set out the types of procedures and audit programs that will be sufficient. We believe that the independent auditor option will be preferable for many local law enforcement agencies, and such programs have proven to be an effective way to discourage racial profiling. Also, the Attorney General is required to conduct a 2-year demonstration project to help law enforcement agencies with data collection.
Let me emphasize that local, State, and Federal law enforcement agents play a vital role in protecting the public from crime and protecting the Nation from terrorism. The vast majority of law enforcement agents nationwide discharge their duties professionally and without bias and we are all indebted to them for their courage and dedication. This bill should not be misinterpreted as a criticism of those who
put their lives on the line for the rest of us each and every day. Rather, it is a statement that the use of race, ethnicity, religion, or national origin in deciding which persons should be subject to traffic stops, stops and frisks, questioning, searches, and seizures is wrong and ineffective, except where there is specific information linking persons of a particular race, ethnicity, religion, or national origin to a crime.
The provisions in this bill will help restore the trust and confidence of the communities that our law enforcement have pledged to serve and protect. That confidence is crucial to our success in stopping crime and in stopping terrorism. The End Racial Profiling Act of 2007 is good for law enforcement and good for America.
I urge the President to make good on his pledge to end racial profiling, and I urge my colleagues to join me in supporting the End Racial Profiling Act of 2007.
Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.
Mr. President, I am pleased to rise today with my colleague Senator Gordon Smith to introduce the Global Pediatric HIV/AIDS Prevention and Treatment Act. Millions across the world recently observed…
Mr. President, I am pleased to rise today with my colleague Senator Gordon Smith to introduce the Global Pediatric HIV/AIDS Prevention and Treatment Act. Millions across the world recently observed the 20th World AIDS Day on December 1, a day of mourning, solidarity, and hope: mourning for the more than 25 million killed already in the AIDS pandemic; solidarity with the 33.2 million living with HIV today; and hope that this plague will be conquered in our time--with an achievable goal of realizing the birth of an HIV-free generation.
In the U.S., we have reached a point where a child living with HIV/ AIDS no longer faces certain death. Thanks to anti-retroviral, ARV, therapy, many children born infected with HIV/AIDS now have the opportunity to grow up healthy. However, long-term survival is a dream that eludes most of the 2.5 million HIV-infected children around the world.
Of the more than 2.5 million new HIV infections in 2007, more than 420,000 were in children. But while children account for almost 16 percent of all new HIV infections, they make up only 9 percent of those on treatment under the President's Emergency Plan for AIDS Relief, PEPFAR. Without proper care and treatment, half of these newly-infected children will die before their second birthday and 75 percent will die before their fifth.
Every day, approximately 1,100 children across the globe are infected with HIV, the vast majority through mother-to-child transmission during pregnancy, labor or delivery or soon after through breastfeeding. Approximately 90 percent of these infections occur in Africa. With no medical intervention, HIV-positive mothers have a 25 to 30 percent chance of passing the virus to their babies during pregnancy and childbirth. Yet, a single dose of an ARV drug given once to the mother at the onset of labor and once to the baby during the first three days of life reduces transmission of HIV by approximately 50 percent. Providing the full range of interventions, as is the standard of care in the U.S., can further reduce the rate of mother-to-child transmission of HIV to as little as 2 percent. However, according to UNAIDS, the Joint United Nations Programme on HIV/AIDS, less than 10 percent of pregnant women with HIV in resource-poor countries have access to prevention of mother-to-child transmission, PMTCT, services.
Significant barriers to PMTCT and the equal care and treatment of HIV-infected children continue to exist. Among the barriers to PMTCT services is their poor integration into the healthcare system, the lack of infrastructure and poor quality health facilities, low utilization of pre-natal services, and a high percentage of unattended at-home births. Because children are not just small adults, providing care and treatment presents special challenges such as limited access to reliable HIV testing for the youngest children, a shortage of providers trained in delivering pediatric care, weak linkages between services to prevent mother-to-child transmission and care and treatment programs, and the need for additional, low-cost formulations of HIV/AIDS medications.
The unfortunate reality of current HIV/AIDS treatment programs is that they will become unsustainable in the long-term unless the number of new HIV infections is reduced globally. The importance of PMTCT for the prevention of the spread of HIV cannot be overstated. According to UNAIDS, prevention of mother-to-child HIV transmission requires a comprehensive package of services that includes preventing primary HIV infection in
women, preventing unintended pregnancies in women with HIV infection, preventing transmission from HIV-infected pregnant women to their infants, and providing care, treatment and support for HIV-infected women and their families. A 2003 study found that by adding family planning through PMTCT services in 14 high prevalence countries, more than 150,000 unintended pregnancies were averted, child infections averted nearly doubled, and child deaths averted nearly quadrupled. Studies also show that current levels of contraceptive use in sub- Saharan Africa are already preventing an estimated 22 percent of HIV- positive births.
For many pregnant mothers, PMTCT services may be the only entry point for health care services for themselves and their families. That is why it is essential that PMTCT services be integrated with prevention, care and treatment services. With adequate integration of those services and strategies to ensure successful follow-up and continuity of care, we can significantly improve the outcomes for HIV-affected women and families.
The legislation I am introducing today, the Global Pediatric HIV/AIDS Prevention and Treatment Act, will help prevent thousands of new pediatric HIV infections in the years to come and improve the treatment of children living with HIV/AIDS throughout the world. The legislation will bring our international HIV/AIDS efforts in line with the infection rate of children, by establishing a target that, within 5 years, 15 percent of those receiving care and treatment under PEPFAR should be children.
The legislation establishes another 5-year target to help prevent mother-to-child transmission of HIV. In those countries most affected, 80 percent of pregnant women should receive HIV counseling and testing, with all those testing positive receiving anti-retroviral medication for the prevention of mother-to-child transmission of HIV.
Under the legislation, the U.S. comprehensive, 5-year global strategy to combat global HIV/AIDS must also integrate prevention, care and treatment with prevention of mother-to-child transmission programs, as soon as feasible and consistent with the national government policies of the foreign countries of PEPFAR countries in order to improve outcomes for HIV-affected women and families and to promote follow-up and continuity of care.
Lastly, the legislation authorizes the creation of a Prevention of Mother-to-Child Transmission Expert Panel to provide an objective review of PMTCT activities funded under PEPFAR and to provide recommendations to the Office of the Global AIDS Coordinator for scale- up of mother-to-child transmission prevention services under PEPFAR in order to reach the newly-established target for PTMCT. The Panel consists of no more than 15 members, to be appointed by the coordinator, and will terminate once it submits its report containing recommendations, findings and conclusions to the coordinator, Congress, and is made public.
To be clear, this legislation does not establish any earmarks within PEPFAR. It does not dictate how much money should be spent on specific activities. I, for one, oppose the current policy under PEPFAR which dictates that one-third of all prevention funds be reserved for abstinence-until-marriage programs, to the detriment of other more effective programs that are producing better results. Certainly abstinence programs have a role to play in PEPFAR, but they should not draw funding away from other, more effective programs. Therefore, it is my hope that Congress does away with that earmark when it reauthorizes PEPFAR, and instead allows for flexibility within PEPFAR.
Instead, the legislation sets 5-year targets that are focused on those receiving services without specifying how much money any given country should spend on specific services to reach the target. I believe this approach is consistent with the April 2007 Institute of Medicine report on PEPFAR which called on Congress to replace arbitrary budget directives with specific targets accounting for the unique epidemics in specific countries, as well as existing available resources. Removal of budget restrictions and the implementation of program targets, such as those authorized under this legislation, would allow local providers to invest in the services and activities most needed to achieve national goals for prevention, care, and treatment.
The struggle against this disease continues on all fronts. Just recently, a report showed that right here in Washington, D.C., the city is in the grip of a ``modern epidemic,'' with one in 20 residents HIV- infected, a rate ten times the national average. In my own State of Connecticut, the need for care and treatment services is at an all time high, while the funding to meet this increased need has declined.
As we take stock of the HIV/AIDS pandemic and our progress against it, we must bear in mind the special vulnerability of the world's children. With this legislation we can increase the number of children receiving care and treatment under PEPFAR and expand access to PMTCT services in order to prevent thousands of new pediatric HIV infections.
I urge my colleagues to support this important legislation.
Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.
Mr. President, I am here today to introduce, along with Senator Kohl, the Defined Contribution Fee Disclosure Act. This legislation is designed to address what may seem at first glance like a small…
Mr. President, I am here today to introduce, along with Senator Kohl, the Defined Contribution Fee Disclosure Act. This legislation is designed to address what may seem at first glance like a small issue, but in fact has a dramatic impact on the retirement security of millions of Americans who have 401(k) plans. Not many people realize this, but the Employee Retirement Income Security act, ERISA, does not require plan sponsors to provide participants with information on the level of fees that participants are charged by the various plans they have to choose between.
The number of people participating in defined contribution plans grows every year, and unfortunately, these plans are a bigger part of their nest egg as employers freeze their defined benefit plans. One of the key challenges as we move away from guaranteed benefits is making sure people have all the relevant information to help them decide which plan will best serve their needs. Recently, AARP conducted a survey in which it asked individuals with 401(k) plans if they even knew what they paid each year in fees. Only 17 percent of people asked said that they know what their fee levels were.
This is far from an academic matter. In fact, this could be disastrous for folks when they reach retirement. One person--who wishes to remain anonymous--recently shared with me a story that highlights what's at stake. She noticed one day that her 401(k) wasn't actually earning anything at all. After some examination, she found that the agent who set up the plan for the company received a fee of 2 percent annually for the first five years, reduced to .25 percent after that, paid by the employees and not the company. The investment firm charged a fee of 1.25 percent which they said was standard for companies with under $1 million in their 401ks. So, last year, she was paying 3.25 percent in fees and earning less than 4 percent from her money market fund. She didn't have a clue about the fees until she inquired after she realized she wasn't making any money on the fund.
So looking back at this AARP survey, of those 17 percent who said they knew what their fees were, 33 percent thought they weren't being charged any fees at all. Some companies will even tell people they are not being charged fees. While it is true that in some cases, employers pay fees, that is hardly the norm. And investment managers don't do their jobs for charity. These fees that people don't know about can have a big effect on what they end up with at retirement.
The U.S. Government Accountability Office recently estimated that a 45 year old with $20,000 in his 401(k) would have $70,555 at age 65 for his retirement, assuming he was getting a 6.5 percent return and only paying 0.5 percent in fees. But that figure decreases dramatically if the fees are increased by just a single percentage point, to 1.5 percent. At that figure the same individual, investing the same amount of money, would have only $58,400 for his retirement, or more than $12,000 less.
AARP took the GAO assumptions and created some additional examples. Consider this case: if a 35 year old invested $20,000 in a 401(k) plan over 30 years, paying 0.5 percent in fees, that individual would have $132,287 for retirement. But increase the fees to 1.5 percent, and the amount available for retirement is only $99,679--that is a 25 percent reduction in the account balance. Even if the fee only increased from 0.5 percent to 1 percent, the value of the retirement account would be reduced by $17,417, or a little over 13 percent over the 30-year period.
If you awoke one day to find that your bank account, or your retirement account, had declined in value by 25 percent, you would understandably be alarmed, and you would act quickly to fix the problem. But with high 401(k) fees, the reduction in benefits isn't immediately obvious. It happens slowly, over time, and often flies under people's radar screens because they are not told the level of fees they are paying, or they don't understand that some 401(k) plans charge far lower fees for providing the same amount of services. It is that problem--that information gap--that the Defined Contribution Fee Disclosure Act is designed to fix.
My bill would provide participants with easily understandable information about the fees that they are paying. This information will be provided to them before they pick which plans they want to invest in, and again, regularly, on their quarterly statements.
In addition, this bill does something even more important: it would require companies to disclose more information to plan sponsors. Right now, if you provide your workers with a 401(k) plan, you are required to act prudently and in their sole interest in your fiduciary duties. However, there are hidden fees that are sometimes not disclosed even to plan sponsors, and sometimes those sponsors also are not told about business arrangements between service providers to steer participants into investment options in which they have a stake, a classic conflict of interest.
To fix this, the bill would require 401(k) plan providers to disclose all fees and relationships between service providers to the people selecting the plan a company will ultimately offer. The bottom line is that we want to create a situation where companies are picking several good options for their employees that all have decent reliable returns and fair fees.
One thing my bill does not do is set a limit on fees that can be charged. As I have noted, high fees can make a real difference in account balances at retirement, but so can high returns, in a more positive direction, obviously. Sometimes, it is well worth paying higher fees if a small increase in fees will have a big effect on returns. In addition, some people want to purchase insurance products so that every month, they are buying a more secure piece of retirement. That is just fine, and my bill doesn't touch that. People who fully understand the real cost of a guaranteed return at retirement are the kind of people who appreciate, and will push for, more defined benefit plans. But they can't do that if they don't know what it costs.
The bottom line is that people need to be investing more, and more confidently, in the 401(k) plans they are being offered. This is especially critical in a world where defined benefit plans are increasingly being slashed and frozen. For a growing number of workers, their only source of retirement income is their 401(k).
Congress needs to focus more squarely on how we get workers to participate in the plans they have available, and what we can do to make sure the savings they grow in them are adequate. When people know they are being given all the facts in an easy-to-understand manner, they are more likely to contribute. And when the fiduciaries who are supposed to be looking out for them make sure all of their
options are good, they end up saving more money at the end of the day.
This bill is a win for companies who want to provide their workers with a secure retirement, it is a win for 401(k) providers who have been providing reasonable fees all along, and it is a win for every American who has one of these plans. My colleagues and I introducing this measure have worked with interested parties on every side of this issue to make sure we're taking into account everyone's views. We also intend to work closely with the Department of Labor on their proposed regulations on this issue. While we believe that Congress has an obligation to address this issue, if we can all work together to develop regulations that address this issue in a way that will truly help participants and beneficiaries get a good deal, I am certainly not opposed to getting this done administratively. I strongly encourage my colleagues to cosponsor this measure.
Mr. President, since the terrorist attacks of 9/11, more than 1.5 million of our servicemen and women have been sent to Iraq, Afghanistan, and other nations. We have mobilized more than 630,000…
Mr. President, since the terrorist attacks of 9/11, more than 1.5 million of our servicemen and women have been sent to Iraq, Afghanistan, and other nations. We have mobilized more than 630,000 members of the National Guard and Reserves, including 92,000 who are on active duty right now.
These service men and women have courageously defended our country overseas, but tens of thousands of them have come home to find that they have lost their employment benefits or even their jobs, and the Government has failed to defend their rights.
Today, Senator Daniel Akaka and I are introducing legislation to guarantee that veterans won't have to wait years for the Government to act to restore their benefits or return to work.
Thirteen years ago, Congress enacted the Uniformed Services Employment and Reemployment Rights Act, specifically to protect our servicemembers when they return home. We understood that, to maintain strong focus and a strong National Guard and Reserves, servicemembers needed confidence that they could return to their civilian jobs when they came home from their tours of duty. That legislation was a clear promise that the Federal Government would step in and defend servicemembers who were wrongly denied their jobs or benefits. We pledged that the Department of Labor would investigate violations of the act, and that if employers refused to follow the law, the Attorney General would take employers to court to protect our servicemembers' rights.
Today, however, the administration has clearly broken that promise to enforce the law and get our veterans back to work.
Last month, during a Senate Committee hearing, I released a Department of Defense survey showing that for tens of thousands of veterans, their service to our country has cost them the salary they deserve, their health care, their pensions, or even their jobs. Among members of the Reserves and National Guard, nearly 11,000 were denied prompt reemployment. More than 22,000 lost seniority and rightful pay. Nearly 20,000 had their pensions reduced. More than 15,000 did not receive the training they needed to resume their former jobs. Nearly 11,000 did not get their health insurance back.
The problem is that employers aren't following the law, and Federal agencies aren't effectively enforcing it. Mr. President, 38 percent of servicemembers who asked the Department of Labor to defend their rights did not receive a prompt response. Servicemembers are forced to wait months or years even to find out whether the Government will agree to represent them and defend their rights. One veteran waited 7 years before the Department of Labor told him whether it would take his case to court. No veteran can afford to wait seven months to return to work or have his health insurance reinstated, let alone wait 7 years.
With these unbelievable delays, it is not surprising that 44 percent of servicemembers who asked the Department of Labor for help said that they were dissatisfied with the assistance they received. When servicemen and women hear about these delays, they ask themselves, ``Why should I even bother to ask for help.''
In fact, the Pentagon tells us that 77 percent of servicemembers whose rights are violated don't contact anyone to defend their rights. They simply give up. Nearly half of them say that they have no confidence that the Government will resolve their problems, or that it is just not worth the effort.
Even worse, a quarter of them don't even know where they can go for help. It is beyond dispute that the administration has broken its promise to help them.
Our veterans deserve better than this. They deserve to know that their Government is working as quickly as possible to get them back to work and restore their benefits.
The current law needs reform as well. It makes no sense to have four different agencies tracking the problems of our servicemembers in four different ways. We also need to know whether disabled veterans are being properly assisted in making their own difficult transition back to work.
It is time for the administration to keep its promise, and end the long delays for veterans who need help in defending their rights. The bill that Senator Akaka and I are introducing imposes timely and reasonable deadlines on Federal agencies to investigate complaints, to attempt to resolve them, and, if necessary, to refer them for litigation.
The legislation also makes the Federal enforcement of the law more transparent and responsive to the needs of veterans. It assures veterans that they won't have to wait years for an answer about whether they will receive the help they deserve.
By imposing timely deadlines on the Federal agencies, we are also stepping up the pressure on employers that violate the rights of our brave soldiers. With these new deadlines, employers won't be able to drag their heels as the Department of Labor spends months or years investigating violations. They will know that they have to settle each veteran's case quickly and fairly, or else face the U.S. Government in court.
The legislation also implements a number of reforms recommended by the Government Accountability Office--reforms that have received bipartisan support in the House of Representatives. In particular, our bill requires agencies to gather and report information on these cases in a uniform manner, so that we can understand trends and better address the needs of each servicemember. Agencies will also be required to report on cases involving veterans with disabilities, so that we have accurate information on the reemployment problems of our wounded soldiers.
Enacting this legislation alone obviously won't end the job discrimination that too many servicemembers face when they come home. But it will certainly improve the assistance they receive in obtaining the help they have earned and deserve.
Our legislation has the support of the Nation's largest veterans' organization, the American Legion, which emphasizes that the ``enforcement of veterans' employment and reemployment rights . . . can only be achieved through aggressive oversight and timely investigation.'' This legislation, the American Legion says, will ``strengthen veterans' employment and reemployment rights'' by imposing ``timely, realistic deadlines on Federal agencies to process'' their claims. We are proud to have the American Legion's support for this legislation.
We know we can never truly repay our veterans for their immense sacrifices. They have fought hard for our country, and it is up to us to fight just as hard for them when they return home to the heroes' welcome they so justly deserve. An important part of that welcome is keeping the promise that we made to them to protect their employment rights when they return.
That is what this legislation seeks to do, and I urge my colleagues to enact it as soon as possible.
Mr. President, on behalf of Hampstead, NH, middle school students, school board officials, board of selectmen, and residents, I rise to honor a fallen hero, U.S. Army Ranger CAPT Jonathan David…
Mr. President, on behalf of Hampstead, NH, middle school students, school board officials, board of selectmen, and residents, I rise to honor a fallen hero, U.S. Army Ranger CAPT Jonathan David Grassbaugh, by introducing a bill to designate the United States Postal Service facility at 59 Colby Corner in East Hampstead, NH, as the Captain Jonathan D. Grassbaugh Post Office.
Jon, as he was called by his family and friends, moved to East Hampstead, NH, from St. Marys, OH, in 1989. He attended Hampstead Central Elementary School and Hampstead Middle School, where his mother, Patricia, is principal.
Jon graduated high school from Phillips Exeter Academy, in Exeter, NH, where he was a 4-year honor student in the Class of 1999. Jon left a remarkable impression on the Phillips Exeter community; remembered for his manifestation of the motto ``Non Sibi'' or ``Not for Oneself,'' a Latin phrase inscribed on the Academy's seal. Jon exemplified his passion for life through his persistent dedication to his studies, tireless volunteer efforts in school and the local community, commitment to the academy's radio station, Grainger Observatory, and the school's Washington internship program.
Jon's illustrious high school years were prologue to a promising future, full of infinite potential. Jon enrolled at Johns Hopkins University, where he graduated in 2003, earning a bachelors degree in computer science from the renowned Whiting School of Engineering.
At a young age, Jon's family instilled in him the importance of volunteerism and service to the U.S. Jon's father, Mark, proudly served 3\1/2\ years as an Army Ranger during Vietnam, and his older brother, West Point alum and Dartmouth Medical School graduate, Army Captain Dr. Jason Grassbaugh, is currently serving as an orthopedic surgeon in Fort Lewis, WA. Jon continued this family tradition of service, joining the Johns Hopkins Army ROTC program, and eventually becoming battalion commander his senior year. He also became a proud member of the Pershing Rifles fraternal organization, captained the Ranger Challenge Team, and won the national two-man duet drill team competition.
In a storybook setting, Jon met Jenna Parkinson, a freshman ROTC cadet from Boxborough MA, during his senior year. Jon and Jenna slowly grew closer, watching movies together during spring break, sharing flights to and from school, and attending the military ball. A few short years later, Jon proposed to Jenna on April 30, 2005, and the young couple subsequently married on June 9, 2006, in a Cape Cod ceremony. Prior to their wedding day, Jon and Jenna filled out a questionnaire for their officiate, which asked, ``Where is a sacred spot, a place where you feel most connected, most at peace and most inspired?'' Jon's answer came in three loving words: ``With my wife.''
Following graduation, Jon completed U.S. Army Ranger School in April 2004 and served his country both at home and abroad. He was assigned to the 7th Cavalry in the Republic of South Korea and served as a member of the Army Hurricane Katrina Relief Team. Later, Jon was assigned to the 5th Squadron, 73rd Cavalry Regiment, 3rd Brigade Combat Team, 82nd Airborne Division in Fort Bragg, NC, where he and the now U.S. Army 2nd Lieutenant Jenna Grassbaugh would reside.
Shortly after Jon and Jenna were married, he was deployed for a second tour of duty, in Iraq. Tragically, on April 7, 2007, Jon was one of four soldiers who died while conducting a combat logistics patrol in Zaganiyah, Iraq. Throughout Jon's distinguished military service, he received a number of accolades and commendations, including: the Bronze Star Medal, Purple Heart Medal, Meritorious Service Medal, Army Commendation Medal, Joint Service Achievement Medal, Army Achievement Medal, National Defense Service Medal, Iraqi Campaign Medal, Global War on Terrorism Service Medal, Korean Defense Service Medal, Humanitarian Service Medal, Army Service Ribbon, Ranger Tab, Combat Action Badge, and Parachutist Badge.
Jon is remembered as a confident and mentally strong leader, whose poise under pressure, intelligence, compassion, and love for God, country and family transcends his passing. His valor on the field of battle was equally as impressive as his undying loyalty to and love for his squadron. One well-known anecdote recalls a combat operation in which Jon had pizza flown by helicopter from 100 kilometers away to where his troops were conducting combat operations in an effort to lift morale. Jon left a legacy that continues to inspire our Nation's future leaders from Hampstead and Exeter, NH, Johns Hopkins, and those he proudly served beside in Iraq.
On a deep and personal note, for those who had the sincere privilege and honor to meet Jon, it was evident his exuberance for life and new experiences, ingenuity, and academic acumen destined him for greatness. By the time of his death, Jon had achieved more than most individuals do in a lifetime, a testimonial to his family's love and guidance through his young life, and Jenna's warmth and support as he fought for our Nation.
Today, Jonathan Grassbaugh rests in peace at one of our Nation's most hallowed and sacred grounds, Arlington National Cemetery--his rightful place among generations of brave Americans who sacrificed their lives in defense of this country. His loved ones will forever remember him as a loving husband, son, brother, and friend. Let it be known, the citizens of New Hampshire and our Nation are eternally in debt to Jonathan David Grassbaugh, an honorable son of New Hampshire, an American Patriot, and a guardian of liberty.
Mr. President, I ask unanimous consent that a letter of support be printed in the Record.
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Mr. President, I am pleased to join with my good friend and distinguished colleague from Massachusetts, Senator Kennedy, in introducing S. 2471, the proposed USERRA Enforcement Improvement Act of…
Mr. President, I am pleased to join with my good friend and distinguished colleague from Massachusetts, Senator Kennedy, in introducing S. 2471, the proposed USERRA Enforcement Improvement Act of 2007. This measure is intended to make substantial improvements in the manner in which claims made under the Uniformed Services Employment and Reemployment Rights Act of 1994--USERRA--are processed and to help ensure that individuals' complaints are addressed in a prompt and efficient manner.
Our troops are returning home from battle, and many of them seek to return to the jobs that they held prior to their military service, particularly those serving in Guard and Reserve units. USERRA, which is set forth in chapter 43 of title 38, U.S. Code, provides these servicemembers with certain protections. USERRA also sets out certain responsibilities for employers, including to reemploy returning veterans in their previous jobs.
As Chairman of the Senate Veterans' Affairs Committee, I held two hearings earlier this year on issues relating to veterans' employment, including one focusing exclusively on the pilot project for processing USERRA claims in the Federal sector and the jurisdictional questions involving the Department of Labor and the Office of Special Counsel. I must admit to being particularly upset with the volume of USERRA claims related to Federal service. It is simply wrong that individuals who were sent to war by their Government should, upon their return, be put in the position of having to do battle with that same Government in order to regain their jobs and benefits.
Out of those hearings, and an oversight hearing held by the Senate Health, Education, Labor, and Pension Committee, chaired by Senator Kennedy, we have learned a great deal about the manner in which USERRA claims are investigated, resolved, or referred to other appropriate entities for enforcement actions. By and large, the process is seamless and frequently involves employer education in terms of helping them understand their obligations under the law. Still too often, many claims are quite complicated and involve what are sometimes called ``escalator claims,'' where an individual is seeking to be re-instated in a position with quite complicated benefits, seniority, health care and fiduciary issues. I believe that anytime an individual is denied their USERRA rights is one time too many. However, I understand that the confusion and misunderstanding that can exist for the employer-- particularly a small employer or one who may only have one employee who is a member of the Guard or reserve--can be frustrating.
The legislation we are introducing today seeks to establish reasonable time frames for the USERRA process. When veterans turn to the government to protect their employment rights, they deserve solutions, not delays. It is my hope that this legislation will assist the federal government in protecting the employment rights of veterans.
Our legislation would, in brief, require those filing complaints to be notified within 5 days of the establishment of a claim, require that complaints be investigated and a decision made with respect to the need for further referral within 90 days, and require prompt referral to other agencies. The Government Accountability Office would be required to submit quarterly reports on the processing of claims. Finally, data collected by the Employers' Support of the Guard and Reserve, a voluntary organization within the Department of Defense, would be required to be included in the Secretary of Labor's annual report on USERRA. With respect to this ESRG reporting requirement, it should be noted that this provision has already passed both bodies in the context of the pending conference agreement on the National Defense Authorization Act for fiscal year 2008, and it is included here in the event that legislation is not enacted.
I stress that our goal is to improve the current process. We want in no way to place strictures on the program that might result in less than satisfactory consideration and pursuit of claims. I intend to pursue the concerns of all of those involved in these claims--the Departments of Labor, Defense, and Justice, the Office of Personnel Management and the Office of the Special Counsel--through the legislative process in the next session. Should the need for refinements in the measure as it is introduced today become apparent, they will be carefully considered. I know that the Senator from Massachusetts will join me in that endeavor.
Mr. Speaker, I rise in strong support of H.R. 359, the Cesar Chavez Study Act, and urge my colleagues to support this legislation. Mr. Speaker, you know that the National Park System units are…
Mr. Speaker, I rise in strong support of H.R. 359, the Cesar Chavez Study Act, and urge my colleagues to support this legislation.
Mr. Speaker, you know that the National Park System units are important components of our Nation's historic, cultural and economic and recreation and social identity.
H.R. 359 authorizes a study to determine whether sufficient historic resources still exist, so that the story of Cesar Chavez could be added to the National Park System.
I first introduced this legislation more than 6 years ago to honor the important contributions he made to the environment and to help the National Park Service finally recognize a significant Hispanic leader. Since then, I have worked hard with my colleagues to bring this bill to the floor.
I would like to personally thank Chairman Rahall and Chairman Grijalva for their support, and the staff of the committee.
Cesar Estrada Chavez was a second-generation American. He was born in the United States March 31, 1927 in Yuma, Arizona, and raised during the Great Depression.
The lessons he learned during his time inspired him to dedicate his life to improving the lives of others less fortunate even than himself.
Chavez led by action. He was a student of Mahatma Gandhi's nonviolent philosophy, and believed that non-violence was one of the most powerful tools to achieve change, including social and economic justice and equality.
In 1968 he fasted for 25 days, Mr. Speaker, one of many fasts he held to demonstrate a commitment to non-violence through sacrifice and penance. He was a deeply religious man.
Through his work, Cesar Chavez changed the course of history for thousands of Latinos and Hispanics and farm workers in this country. Farm workers have been empowered now to fight for fair wages, health care coverage, pension benefits, housing improvements, pesticide and health regulations and countless other protections for their health and well-being.
These changes have meant considerably improvements for the life of farm workers and their families, in fact, three fourths of which are Hispanic or Latino.
During his 66 years with us, Chavez made a significant difference in the lives of those he touched, well beyond improvements for farm workers. And at an early age, I too was inspired by Cesar Chavez's work on behalf of farm workers and the environmental justice movement. This includes protecting green space in both urban and rural areas so that all communities can enjoy the benefits of recreation.
Chavez strongly understood the importance of land and the value of the environment in connection to one's health and economic stability. For many Hispanics, this appreciation of the environment is cultural; 96 percent of Hispanics believe that the environment should be an important priority for this country, yet there is not one single unit of the National Park System dedicated to Hispanics.
And as a result of Chavez's belief exhibited through his actions, I was moved to introduce this legislation and believe it important that we preserve the history through our National Park System. It is my hope that one day Hispanic families all have a place in the National Park Service where they can appreciate, honor and learn about Cesar Chavez's work, his beliefs, just as we do now in celebration with African American families who can now visit the Martin Luther King, Jr. historical site and Selma-Montgomery trail.
The significance of Chavez's life and work is widely recognized. The Department of Labor has honored Chavez in the Labor Hall of Fame, and the Bush administration, as you heard, supports this legislation. I won't list all the supporters, but there are more than 20 organizations nationally recognized who support this legislation.
In fact, at his funeral, Cardinal Roger Mahoney of Los Angeles called Chavez, and I quote, ``a special prophet for the world's farm workers.''
In 1994, Chavez's widow, Helen, accepted the Medal of Freedom from President Clinton, who lauded Chavez for facing a ``formidable, often violent opposition with dignity and non-violence.''
It is my hope that through this legislation, future generations can understand who Cesar Chavez was, and why the work that he did was so important, know that they too can be courageous and work toward the betterment of all mankind.
I strongly urge my colleagues to support this legislation.
Mr. President, today, I am introducing, along with Senator Cornyn, an important bill--the Catalyst for Better Diabetes Care Act-- that will enhance and better coordinate our Nation's fight against…
Mr. President, today, I am introducing, along with Senator Cornyn, an important bill--the Catalyst for Better Diabetes Care Act-- that will enhance and better coordinate our Nation's fight against diabetes.
It is estimated that one out of every three Americans born after the year 2000 will develop diabetes in their lifetime. This startling statistic should be reason enough for this body to act swiftly and decisively on this issue. We must increase our investment into this deadly and costly disease before the epidemic reaches overwhelming proportions. The Catalyst for Better Diabetes Care Act marks an important step in this effort by focusing the government's attention on specific areas in diabetes care that can and must be improved.
First, we must ensure that all Americans are aware of the importance and availability of diabetes screening. Like any preventable and manageable disease, early diagnosis of diabetes is key. Yet millions of Americans--nearly a third of the 20-plus million Americans with diabetes--have diabetes but don't know it. Recognizing the enormity of this problem, many of us in Congress fought hard in recent years to include a diabetes screening benefit in Medicare, a program that already spends a third of its total budget on diabetes patients. Now the challenge is to ensure that Americans are fully utilizing this and other screening opportunities, which is exactly what this bill aims to do. By establishing a collaboration and outreach program within the Department of Health and Human Services, HHS, this act would help reduce the number of Americans with diabetes who remain undiagnosed.
The private sector also has a role to play in this fight. Thankfully, many companies have already started investing in employee wellness programs that reward pro-active, preventative care. With chronic diseases like diabetes driving up health insurance costs for individuals and employers, it is critical that new, pre-emptive approaches to health care are encouraged. This bill would create an advisory group in HHS to determine which wellness programs work and which do not, information that will encourage employers to provide effective diabetes prevention programs.
It is also critical to carefully monitor our effectiveness in combating diabetes and the impact of this disabling and deadly condition on our nation. With that information in hand, we will be far better equipped to determine the nature and scope of diabetes prevention and treatment strategies. The bill includes two key provisions to address this need. It would create a National Diabetes Report Card that provides crucial information on diabetes' impact on the nation. The report card would be published every 2 years. It would also take steps to ensure accurate data on diabetes morbidity and mortality. Diabetes is often not listed anywhere on death certificates as a cause of death. This bill would ensure the training of physicians on properly completing birth and death certificates and improving the collection of diabetes data.
Finally, this act would commission an Institute of Medicine study on diabetes medical education to ensure that physician training--which currently requires less than four hours of diabetes education--is keeping pace with the growing threat diabetes poses to the public's health. The study would make a recommendation as to the appropriate level of diabetes medical education that should be required prior to licensure, board certification, and board recertification.
Our country faces a tremendously challenging fight against diabetes, but it is one we can and will win. The Catalyst for Better Diabetes Care Act is a targeted and cost-effective bill that will push us toward victory. Let us act quickly and pass this bill.
Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 359) to authorize the Secretary of the Interior to conduct a special resource study of sites associated with the life of Cesar Estrada…
Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 359) to authorize the Secretary of the Interior to conduct a special resource study of sites associated with the life of Cesar Estrada Chavez and the farm labor movement, as amended.
Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days to revise and extend their remarks and include extraneous material on the bill under consideration.
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, H.R. 359 authorizes the Secretary of the Interior to conduct a special resource study of the sites associated with the life of Cesar Estrada Chavez and the farm labor movement.
Representative Hilda Solis, my colleague on the Natural Resources Committee, has worked tirelessly for the last 6 years to move this important legislation forward. I am proud to join Representative Solis and 68 other Representatives as a cosponsor of this bill, and I want to thank Ms. Solis for her efforts and leadership in getting this important study authorized.
In 1962, Cesar Chavez founded the National Farm Workers Association, which later became the United Farm Workers of America, working to protect farm workers' rights. Chavez led the United Farm Workers for 31 years and gained increases in wages and better working conditions for farm laborers. Through his work, Chavez became a national leader on civil rights and social justice and an inspiration to millions of Americans and people around the world.
H.R. 359 directs the Secretary of the Interior to consider sites in Arizona, California, and other States that are significant to the life of Cesar Chavez and the farm labor movement in the western United States. The bill requires the Secretary to determine the appropriate methods for preserving and
interpreting the sites and to determine whether any of them meet the criteria for being listed on the National Register of Historic Places or possible designation as national historic landmarks. The Secretary has 3 years from the date on which funds are made available to submit a report describing the findings of the study as well as the Secretary's recommendations.
The Subcommittee on National Parks, Forests, and Public Lands held a hearing on this bill in March of this year where we heard testimony from the administration in support of this bill. Later, at both a subcommittee markup and a full committee markup, this legislation advanced with bipartisan support.
Mr. Speaker, H.R. 359 is a bill whose time has come. Similar legislation has passed the Senate once before in 2003, and I am pleased this bill is finally making it to the House floor. We need to move forward with this congressionally authorized study so that we can learn about and evaluate options to protect the resources associated with Cesar Chavez and the farm labor movement. The longer we wait, the more likely it is that these resources may be lost to development or the ravages of time. I urge my colleagues to support this bill.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, at this time I yield such time as she may consume to the sponsor of this legislation, my colleague from the National Resources Committee, Representative Hilda Solis.
Mr. Speaker, I congratulate Ms. Solis again on her persistence, and congratulate her on having this brought to the floor today.
I do want to say that while Cesar Chavez certainly cast a long shadow in the western United States, I worked with an organization in Maryland that did work on the Eastern Shore of Maryland on behalf of farm workers, and he was a national hero to them. So congratulations again.
Mr. Speaker, I have no further requests for time, and yield back.
Mr. President, I ask unanimous consent that the Committee on Armed Services be authorized to meet during the session of the Senate on Tuesday, September 11, at 2 p.m. in open session to receive…
Mr. President, I ask unanimous consent that the Committee on Armed Services be authorized to meet during the session of the Senate on Tuesday, September 11, at 2 p.m. in open session to receive testimony on the situation in Iraq and progress made by the Government of Iraq in meeting benchmarks.
Mr. President, I ask unanimous consent that the Committee on Finance be authorized to meet during the session of the Senate on Tuesday, September 11, 2007, at 10 a.m., in room 215 of the Dirksen Senate Office Building, to hear testimony on the ``U.S.-Peru Trade Promotion Agreement.''
Mr. President, I ask unanimous consent that the Committee on Foreign Relations be authorized to meet during the session of the Senate on Tuesday, September 11, 2007, at 9:30 a.m. to hold a hearing on Iraq.
Mr. President, I ask unanimous consent that the Committee on Foreign Relations be authorized to meet during the session of the Senate on Tuesday, September 11, 2007, at 2:15 p.m. to hold a business meeting.
Mr. President, I ask unanimous consent that the Select Committee on Intelligence be authorized to meet during the session of the Senate on September 11, 2007, at 2:30 p.m. to hold a closed business meeting.
Mr. President, I ask unanimous consent that the Subcommittee on National Parks of the Committee on Energy and Natural Resources be authorized to hold a hearing during the session of the Senate on Tuesday, September 11, 2007, at 2:30 p.m. in room SD-366 of the Dirksen Senate Office Building.
The purpose of the hearing is to receive testimony on the following bills: S. 127, to amend the Great Sand Dunes National Park and Preserve Act of 2000 to explain the purpose and provide for the administration of the Baca National Wildlife Refuge; S. 327 and H.R. 359, to authorize the Secretary of the Interior to conduct a special resource study of sites associated with the life of Cesar Estrada Chavez and the farm labor movement; S. 868, to amend the Wild and Scenic Rivers Act to designate segments of the Taunton River in the Commonwealth of Massachusetts as a component of the National Wild and Scenic Rivers System S. 1051, to authorize National Mall Liberty Fund D.C. to establish a memorial on Federal land in the District of Columbia at Constitution Gardens previously approved to honor free persons and slaves who fought for independence, liberty, and justice for all during the American Revolution; S. 1184 and H.R. 1021; to direct the Secretary of the Interior to conduct a special resources study regarding the suitability and feasibility of designating certain historic buildings and areas in Taunton, Massachusetts, as a unit of the National Park System, and for other purposes; S. 1247, to amend the Weir Farm National Historic Site Establishment Act of 1990 to limit the development of any property acquired by the Secretary of the interior for the development of visitor and administrative facilities for the Weir Farm National Historic Site, and for other purposes; S. 1304, to amend the National Trails System Act to designate the Arizona National Scenic Trail; S. 1329, to extend the Acadia National Park Advisory Commission, to provide improved visitor services at the park, and for other purposes; H.R. 759, to redesignate the Ellis Island Library on the third floor of the Ellis Island Immigration Museum, located on Ellis Island in New York Harbor, as the ``Bob Hope Memorial Library''; and H.R. 807, to direct the Secretary of the Interior to conduct a special resource study to determine the feasibility and suitability of establishing a memorial to the Space Shuttle Columbia in the State of Texas and for its inclusion as a unit of the National Park System.
Mr. President, I would like to announce for the information of the Senate and the public that a hearing has been scheduled before Committee on Energy and Natural Resources Subcommittee on National…
Mr. President, I would like to announce for the information of the Senate and the public that a hearing has been scheduled before Committee on Energy and Natural Resources Subcommittee on National Parks.
The hearing will be held on September 11, 2007, at 2:30 p.m. in room SD-366 of the Dirksen Senate Office Building.
The purpose of the hearing is to receive testimony on the following bills: S. 127, to amend the Great Sand Dunes National Park and Preserve Act of 2000 to explain the purpose and provide for the administration of the Baca National Wildlife Refuge; S. 327 and H.R. 359, to authorize the Secretary of the Interior to conduct a special resource study of sites associated with the life of Cesar Estrada Chavez and the farm labor movement; S. 868, to amend the Wild and Scenic Rivers Act to designate segments of the Taunton River in the Commonwealth of Massachusetts as a component of the National Wild and Scenic Rivers System; S. 1051, to authorize National Mall Liberty Fund D.C. to establish a memorial on Federal land in the District of Columbia at Constitution Gardens previously approved to honor free persons and slaves who fought for independence, liberty, and justice for all during the American Revolution; S. 1184 and H.R. 1021, to direct the Secretary of the Interior to conduct a special resources study regarding the suitability and feasibility of designating certain historic buildings and areas in Taunton, Massachusetts, as a unit of the National Park System, and for other purposes; S. 1247, to amend the Weir Farm National Historic Site Establishment Act of 1990 to limit the development of any property acquired by the Secretary of the Interior for the development of visitor and administrative facilities for the Weir Farm National Historic Site, and for other purposes; S. 1304, to amend the National Trails System Act to designate the Arizona National Scenic Trail; S. 1329, to extend the Acadia National Park Advisory Commission, to provide improved visitor services at the park, and for other purposes; H.R. 759, to redesignate the Ellis Island Library on the third floor of the Ellis Island Immigration Museum, located on Ellis Island in New York Harbor, as the ``Bob Hope Memorial Library''; and
H.R. 807, to direct the Secretary of the Interior to conduct a special resource study to determine the feasibility and suitability of establishing a memorial to the Space Shuttle Columbia in the State of Texas and for its inclusion as a unit of the National Park System.
Because of the limited time available for the hearing, witnesses may testify by invitation only. However, those wishing to submit written testimony for the hearing record should send it to the Committee on Energy and Natural Resources, United States Senate, Washington DC 20510-6150, or by email to rachel_pasternack@energy.senate.gov.
For further information, please contact David Brooks at (202) 224- 9863 or Rachel Pasternack at (202) Q24-0883.
committee on rules and administration
I am proud to introduce the Wyoming Forest and Watershed Restoration Act of 2007. This legislation authorizes cooperative action between the U.S. Forest Service and the State of Wyoming to complete…
I am proud to introduce the Wyoming Forest and Watershed Restoration Act of 2007. This legislation authorizes cooperative action between the U.S. Forest Service and the State of Wyoming to complete forest health projects on private, State and Federal lands.
Almost half of Wyoming's lands are controlled by Federal agencies. We have over 9 million acres of National Forest lands in Wyoming, including seven National Forests. Our State has a long history of forestry, grazing and multiple use of public lands. Recreation and tourism on our public lands is a pillar of our economy. The people of Wyoming are stewards of our public lands and our State depends on the public lands for our future.
It is my goal to enact common-sense policies that address the needs of Wyoming and sustainable management of our Federal lands. Our forests, like those of all States across the West, are facing management challenges. We have an opportunity to set policies that will encourage forest health.
We face an urgent problem with bark beetle infestation. Forests between Interstate 70 in Colorado and Interstate 80 in Wyoming are being killed by these beetles. We have thousands upon thousands of acres that are dying. On the Medicine-Bow Forest, for instance, over 75,000 acres of trees are infected by bark beetles. Forest Service analysis shows the epidemic could grow to 350,000 acres and cover approximately \1/3\ of the forest in the next few years.
We can stem the spread of this infestation and save our forests, with quick action on thousands of acres. That kind of response will take coordinated management among all partners private, State, and Federal. Preventing forest fires, addressing watershed health and conserving wildlife habitat require the same ``big picture'' thinking. We have to address threats like bark beetles by taking on forest health projects on a landscape level.
Resource issues don't stop at fencelines, and neither should our policy.
The Wyoming Forest and Watershed Restoration Act of 2007 would set in place a comprehensive management policy. This act would allow the State of Wyoming to go forward with forest health projects as agreed to by the Forest Service. The agencies can cooperatively pursue projects that address our landscape needs. Private, State, and Federal lands can get the on-the-ground management they desperately need.
I am pleased to introduce this legislation today. It is of great importance to the people of Wyoming. I hope my colleagues will proceed quickly with its passage to enhance our State's response to the growing forest health problems. The people of Wyoming demand on-the-ground results. This legislation can deliver those results. I hope we can pass it expediently.
Mr. President, I ask unanimous consent that the text of the bill be printed in the Record.
Mr. President, I rise today to bring attention to the hidden fees associated with 401(k) plans, an important issue affecting the retirement security of millions of Americans. These fees, currently…
Mr. President, I rise today to bring attention to the hidden fees associated with 401(k) plans, an important issue affecting the retirement security of millions of Americans. These fees, currently not disclosed to plan participants, can have a drastic effect on one's retirement savings.
More and more Americans are relying on defined contribution plans, such as 401(k) plans, to provide their retirement income. Although these plans have only been in existence since the 1980s, they now cover over 50 million people and exceed $2.5 trillion in total assets. Of those private sector workers with any type of retirement benefit; two thirds have only their 401(k) savings to secure their financial wellbeing in retirement.
Although 401(k)s have become the primary pension fund for most Americans, there are few requirements for fee disclosure to fund managers, and there are absolutely no regulations requiring that plan participants be notified about how much they are paying in fees. Most fees are either absent or obscured in participant statements and investment reports. Not surprisingly, studies have shown that fewer than one in five participants know the fees they are paying. Unfortunately, this lack of disclosure and lack of understanding can have serious consequences on an individual's retirement savings.
The slightest difference in fees can translate into a staggering depletion in savings, greatly affecting one's ability to build a secure retirement. According to the Congressional Research Service, families who save their retirement funds in high-fee accounts could have one- quarter less in retirement than those who work for employers who offer low-fee accounts. For couples who save over their entire lifetime, the CRS study found that an annual fee of 2 percent could reduce savings by nearly $130,000, compared to a more reasonable fee of 0.4 percent.
Today, Senators Harkin and I are introducing the Defined Contribution Fee Disclosure Act of 2007. We believe consumers have the right to clearly know how much products and services are costing them. Our bill will help shed some light on these fees by requiring complete transparency to both employers and participants. This will allow employers to negotiate with pension fund managers, in order to get the lowest possible fees for their employees. Participants will be able to make informed choices between investment options and potentially increase their retirement savings by thousands of dollars. Ultimately, this legislation will help lower costs for everyone by fostering competition among pension managers.
I strongly encourage my colleagues to cosponsor this measure.
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I thank the Speaker and I am very privileged this morning to pay special tribute and honor to the legacy of Cesar Estrada Chavez. Chavez dedicated his life to championing the rights of farm laborers…
I thank the Speaker and I am very privileged this morning to pay special tribute and honor to the legacy of Cesar Estrada Chavez. Chavez dedicated his life to championing the rights of farm laborers and all working people and he did it through nonviolence. Recently I returned from a trip with the Speaker to India where I visited a memorial to Mahatma Gandhi and I recall that moment thinking about the nonviolence that was also expressed by Cesar Chavez in his movement to fight for dignity and respect for poor people, for people that were being oppressed.
Like Gandhi, Chavez believed that nonviolence is one of the most powerful tools to achieve change, including social and economic justice. Chavez was a follower also of Martin Luther King, Jr. believing in the power of prayer and spirituality. I have been inspired by the works of Cesar Chavez and also by the cofounder of the United Farm Workers, Dolores Huerta, and with that had introduced a resolution in this House to pay tribute to Dolores Huerta, one of the highest ranking members of the UFW. Yet until this day, we have not been able to bring that resolution up and I wonder why. And I ask the question-- why can't this House also pay tribute to a strong leader, a female, who represents the workers? Also with that in mind, I introduced legislation, the Cesar Estrada Chavez Study Act, H.R. 359, that did pass out of this House, that would for the first time authorize the Department of Interior to study public lands important to the life and history of Cesar Chavez through the National Park Service. Right now that bill has made its way out of the House and is over at the Senate. I would ask that the Senate Members there take action on the bill as soon as possible.
We should be grateful and never forget the accomplishments and achievements of Cesar Chavez to improve civil rights for every single American and those individuals who work and toil in the fields. Let us not forget the fruits and vegetables that we receive on our table come from those very farm workers here who may not even today have the same protections that Cesar Chavez worked so hard for.
Mr. Speaker, I rise today to voice my strong support for H.R. 359. This important legislation would require the Secretary of the Interior to study the potential creation of a historic landmark in…
Mr. Speaker, I rise today to voice my strong support for H.R. 359. This important legislation would require the Secretary of the Interior to study the potential creation of a historic landmark in honor of Cesar Estrada Chavez.
I want to thank my friend, Congresswoman Hilda Solis, for sponsoring this bill and championing this cause which is of great significance to so many Americans, myself included.
Cesar Chavez provided hope for thousands of people. Perhaps best known for founding and leading the United Farm Workers of America, Chavez used non-violent tactics that included boycotts, fasts, and strikes to bring attention to the dangerous working conditions in the field. His efforts helped to produce the first industry-wide labor contracts in the history of American agriculture.
Cesar Chavez' legacy has empowered, encouraged and motivated countless individuals. He is a continuing example that with hard work, dedication and love, change can happen and oppression can be conquered. His famous words, ``Si se puede'' (Yes you can), still inspire us today.
I cannot think of anything more American than standing up for one's right to justice, fairness, and equality.
I urge my colleagues to cast a vote in recognition of Cesar Estrada Chavez, and to support H.R. 359.
Mr. President, I rise today to offer legislation to allow seven States to more aggressively address the health and safety issues that threaten the citizens in their State, and do so immediately. I…
Mr. President, I rise today to offer legislation to allow seven States to more aggressively address the health and safety issues that threaten the citizens in their State, and do so immediately. I commend my fellow Kansas colleague, Congresswoman Nancy Boyda, for introducing similar legislation in the House.
Last December, Congress passed amendments to the Surface Mining Control and Reclamation Act in the Tax Relief and Health Care Act of 2006 to extend the Abandoned Mines Land Trust Fund for 15 additional years. These amendments established a new distribution formula that works through a 4 year,program that phases in funding. Unfortunately, there are currently seven States that do not meet the active mining threshold to meet the minimum funding threshold. Today, I offer legislation that would allow ``minimum program states'' like Kansas to receive their full funding levels of $3 million starting in the fiscal year 2008, instead of requiring the minimum States to follow the percentage distribution formula. This legislation will assist several other States including Missouri, Iowa, Arkansas, Oklahoma, Alaska, and Maryland. With this funding, States can begin to protect their residents from the dangers of abandoned mines sooner rather than later.
Mr. President, today I am introducing the National Forests, Parks, Public Land, and Reclamation Project Authorization Act of 2007, a collection of approximately 50 individual bills under the…
Mr. President, today I am introducing the National Forests, Parks, Public Land, and Reclamation Project Authorization Act of 2007, a collection of approximately 50 individual bills under the jurisdiction of the Committee on Energy and Natural Resources. All of the individual provisions included in this bill have been passed by the House of Representatives, and most have also been favorably reported from the Energy and Natural Resources Committee. I believe everything included within this bill is non-controversial and it is my hope that the Senate will pass this bill expeditiously.
Mr. President, I ask unanimous consent that a table listing the various measures included in this bill be printed in the Record.
Mr. Speaker, I yield myself such time as I may consume. The majority has adequately explained the bill, Mr. Speaker, and I note that during the full committee consideration of this bill the minority…
Mr. Speaker, I yield myself such time as I may consume.
The majority has adequately explained the bill, Mr. Speaker, and I note that during the full committee consideration of this bill the minority was assured that this act was in no way to be construed as advancing any effort to establish a national holiday honoring Cesar Chavez. Further, the majority gave assurances that this bill was not going to be used to promote House Resolution 76, which urges the establishment of such a holiday. With this understanding, we will not object to the consideration of this measure.
Mr. Speaker, I have no additional speakers, and I yield back the balance of my time.
Mr. President, I wish to announce that the Committee on Rules and Administration will meet on Wednesday, September 12, 2007, at 10 a.m., to conduct a hearing on the Nomination of Robert C. Tapella of…
Mr. President, I wish to announce that the Committee on Rules and Administration will meet on Wednesday, September 12, 2007, at 10 a.m., to conduct a hearing on the Nomination of Robert C. Tapella of Virginia, to be Public Printer, Government Printing Office.
For further information regarding this hearing, please contact Howard Gantman at the Rules and Administration Committee, 224-6352.
Bill Text
5 versions available
[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 359 Reported in Senate (RS)]
Calendar No. 664
110th CONGRESS
2d Session
H. R. 359
[Report No. 110-312]
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 11, 2007
Received; read twice and referred to the Committee on Energy and
Natural Resources
April 10, 2008
Reported by Mr. Bingaman, without amendment
_______________________________________________________________________
AN ACT
To authorize the Secretary of the Interior to conduct a special
resource study of sites associated with the life of Cesar Estrada
Chavez and the farm labor movement.
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 ``Cesar Estrada Chavez Study Act''.
SEC. 2. SPECIAL RESOURCE STUDY.
(a) In General.--Not later than 3 years after the date on which
funds are made available to carry out this Act, the Secretary of the
Interior (referred to in this Act as the ``Secretary'') shall complete
a special resource study of sites in the State of Arizona, the State of
California, and other States that are significant to the life of Cesar
E. Chavez and the farm labor movement in the western United States to
determine--
(1) appropriate methods for preserving and interpreting the
sites; and
(2) whether any of the sites meets the criteria for listing
on the National Register of Historic Places or designation as a
national historic landmark under--
(A) the Act of August 21, 1935 (16 U.S.C. 461 et
seq.); or
(B) the National Historic Preservation Act (16
U.S.C. 470 et seq.).
(b) Requirements.--In conducting the study under subsection (a),
the Secretary shall--
(1) consider the criteria for the study of areas for
potential inclusion in the National Park System under section
8(b)(2) of Public Law 91-383 (16 U.S.C. 1a-5(b)(2)); and
(2) consult with--
(A) the Cesar E. Chavez Foundation;
(B) the United Farm Workers Union; and
(C) State and local historical associations and
societies, including any State historic preservation
offices in the State in which the site is located.
(c) Report.--On completion of the study, the Secretary shall submit
to the Committee on Natural Resources of the House of Representatives
and the Committee on Energy and Natural Resources of the Senate a
report that describes--
(1) the findings of the study; and
(2) any recommendations of the Secretary.
SEC. 3. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
to carry out this Act.
Calendar No. 664
110th CONGRESS
2d Session
H. R. 359
[Report No. 110-312]
_______________________________________________________________________
AN ACT
To authorize the Secretary of the Interior to conduct a special
resource study of sites associated with the life of Cesar Estrada
Chavez and the farm labor movement.
_______________________________________________________________________
April 10, 2008
Reported without amendment