Jessica Ann Ellis Gold Star Fathers Act of 2010

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.

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.

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.

Mr. President, I ask unanimous consent that the Senate proceed to the consideration of Calendar No. 650, S. 3650.

Mr. President, I ask unanimous consent that the Wyden amendment, which is at the desk, be considered and agreed to, the bill, as amended, be read a third time and passed, the motions to reconsider be laid upon the table with no intervening action or debate, and that any statements relating to this measure be printed in the Record.