S776 CONGRESSIONAL RECORD — SENATE January 22, 2009 seq.) (and in subsection (e)(3) of section 706 of No. 7 on amendment No. 25, had I been and who defended the United such Act (42 U.S.C. 2000e–5), applied to claims present I would have voted ‘‘nay.’’ States from the Japanese during World of discrimination in compensation)’’. The PRESIDING . The Sen- War II. It is a tragedy because these (2) CIVIL RIGHTS ACT OF 1964.—Section 717 of ator from Iowa is recognized. people were led to believe they would the Civil Rights Act of 1964 (42 U.S.C. 2000e– 16) is amended by adding at the end the fol- Mr. GRASSLEY. I thank the Chair. be compensated for their service to our lowing: (The remarks of Mr. GRASSLEY per- Nation. It is a tragedy because most of ‘‘(f) Section 706(e)(3) shall apply to com- taining to the introduction of S. 301 are the people I am talking about, most of plaints of discrimination in compensation printed in today’s RECORD under these gentlemen, are Eskimos—among under this section.’’. ‘‘Statements on Introduced Bills and the first people of the , (3) AGE DISCRIMINATION IN EMPLOYMENT ACT Joint Resolutions.’’) members of a class of people to whom OF 1967.—Section 15(f) of the Age Discrimina- Mr. GRASSLEY. I thank the Chair the United States Government has bro- tion in Employment Act of 1967 (29 U.S.C. for the time, and I yield the floor. ken its promises time and time again. 633a(f)) is amended by striking ‘‘of section’’ The PRESIDING OFFICER. The Sen- and inserting ‘‘of sections 7(d)(3) and’’. It is a tragedy because they were mis- ator from Alaska is recognized. SEC. 6. EFFECTIVE DATE. led into believing their retirement pay This Act, and the amendments made by f was increasing. It is a further tragedy this Act, take effect as if enacted on May 28, ALASKA TERRITORIAL GUARD because this bad news is going to be 2007 and apply to all claims of discrimination communicated in a letter signed by a in compensation under title VII of the Civil Ms. MURKOWSKI. Mr. President, branch chief in the Army Human Re- Rights Act of 1964 (42 U.S.C. 2000e et seq.), sometime this week letters will be sources Command. These people de- the Age Discrimination in Employment Act mailed from the U.S. Army Human Re- serve an apology from the Secretary of of 1967 (29 U.S.C. 621 et seq.), title I and sec- sources Command in St. Louis, MO, to Defense. They do not need to be receiv- tion 503 of the Americans with Disabilities 25 elderly Alaskans. Those letters will ing this news about this error from a Act of 1990, and sections 501 and 504 of the tell these 25 elderly Alaskans that the branch chief in the Army Human Re- Rehabilitation Act of 1973, that are pending Army has changed its mind—it has on or after that date. sources Command. changed its mind—about whether their It is also a tragedy because some of Mrs. MURRAY. I move to reconsider service in the Alaska Territorial Guard these people in the Department of De- the vote. during World War II counts toward fense chose to implement this decision Ms. MIKULSKI. I move to lay that military retirement. The effect of this in the dead of an Alaska winter, when motion on the table. abrupt reversal in position is to reduce we know that our Native elders in The motion to lay on the table was the monthly retirement payments to rural Alaska are most vulnerable. agreed to. each of these 25 elderly Alaskans. Right now, in the village of Kwig and Ms. MIKULSKI. Mr. President, today These retirement payments will be re- in Noatak and in the other commu- is a great day in the Senate. We have duced by an average of $386 a month. nities, it is dark, it is cold, and re- now overwhelmingly passed a bipar- Six will lose more than $500 a month in sources are scarce. The increase in re- tisan bill to correct an injustice that retirement pay. These reductions will tirement pay, which was implemented has been prevailing among people— take effect on February 1. just this last June, was very welcome women, minorities, and people with So in less than 10 days, these individ- news to those who were receiving it. It disabilities—in the area of wage dis- uals who have been receiving these came at a time when the cost of fuel crimination. payments—these elderly Alaskans who What is so great about today is not was rising to levels in our rural com- served us during World War II—will be munities that people simply could not only our overwhelming legislative vic- receiving a letter, maybe before their tory, but we showed, No. 1, that we can pay. benefits are cut off, but they will be re- If you will recall, back home in June change the tone. I thank Leader REID ceiving a letter saying: Sorry, your and July, in the cities, we were paying for the leadership he provided in cre- service doesn’t count toward military $4.50, $5 a gallon for our fuel. But out in ating the legislative framework where retirement. the villages they were paying $7, $8 a we can move ahead with open debate. Mr. President, I state again: None of gallon, and in some areas even higher Notice that we did this bill in a well- these 25 elderly Alaskans knows this is than that. Throughout the State, but measured, well-modulated, well-paced coming. It will come as a complete sur- particularly in rural Alaska last sum- way. There was no need for cloture mo- prise to them, possibly, when they re- mer, folks were anxious about whether tions. There was no need for parliamen- ceive that letter. Whether they are they were going to be able to afford to tary quagmires. What it showed, tuning in to C–SPAN and hear my com- heat their homes this winter. though, is there is a need for civility ments tonight, we don’t know. Last week, in the Indian Affairs Com- and cooperation. We, as Americans, It is going to take a while for these mittee, the Presiding Officer had an have to know, given this economic sit- letters coming out of St. Louis, MO, to opportunity to join us, and I was able uation, that we are all in it together. reach their destinations because these to put on the record the plight of some When we work together, we now know letters are being sent to some of the of the Native people in the community each and every one of us makes a dif- remotest parts of our State, of rural of Emmonak who have literally had to ference. But when we truly work to- Alaska. Four of these letters are des- choose between buying stove oil to gether, we can make change. tined for the village of Noatak. This is heat their homes or whether they Today we changed the law, we an Inupiat Eskimo village of 489 people should buy food for their families. changed direction, we change history, in northwest Alaska. I would suggest, I guess some of the good news we and I thank all my colleagues and all Mr. President, that outside of you and have learned is that none of these let- the staff who have made this possible. I, there is probably nobody in Wash- ters informing these elders that they I also wish to say a special thanks to ington, DC, who could identify Noatak will see a reduction in benefits is going Senator TED KENNEDY. I hope he is on a map. Four of these letters are des- to the village of Emmonak, but I would watching tonight because, TED, we tined for the village of Kwigillingok. suspect many of the villages to which miss you. We know you are not on the We call it Kwig because it is so dif- these letters are going are no better floor; you are with us in spirit. There is ficult to pronounce. This is a Yupik Es- off. You just have to ask the question: more to be done. We cannot wait for kimo community of 361 people. How can our government be so insensi- you to be back. Let’s go and get the job All told, these letters are being sent tive—taking money, taking retirement done. to elders in 15 Alaska Native commu- benefits out of the pockets of our el- America is counting on us to do the nities in interior and western Alaska. ders, of our seniors, at a time of the kinds of things we have done today and The poster board that I have behind me year when they are absolutely the act the way we did, the way we got the indicates some of the elderly gentle- most vulnerable? business done. men who may be receiving these letters I hope I have gained the attention of VOTE EXPLANATION in the next several weeks. some, and with the indulgence of my Mr. HARKIN. Mr. President, while I This decision is tragic. It is tragic be- colleagues, I would like to fill in a lit- was necessarily absent for rollcall vote cause it affects who defended tle bit of the background. I will not be

VerDate Nov 24 2008 02:13 Jan 23, 2009 Jkt 079060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A22JA6.028 S22JAPT1 wwoods2 on PRODPC68 with SENATE January 22, 2009 CONGRESSIONAL RECORD — SENATE S777 talking too long—I know one of our I do understand and we are told that there was a problem until you and I Senators is waiting—but it is an inter- the Department of Defense was slow to contacted the Secretary of the Army esting story, and I think he will appre- implement the mandate of this legisla- and asked: Is there a problem? We hear ciate it. tion. I can tell you from my own expe- there is stuff floating around. What is The Alaska Territorial Guard was rience in dealing with many of the vet- going on? created in June of 1942 in response to erans and their families, the efforts to As far as I was concerned, the reason increasing Japanese activity and at- get these discharge certificates in a we suspected there was a problem was tacks on and around Alaska. At the timely fashion has been very frus- because the adjutant general of Alaska, time, the U.S. Army was reassigning trating—frustrating for the families, after trying to work through this prob- our Alaska National Guard soldiers frustrating for those who have served, lem at his level and through the chain away from the State, and so there were most certainly, and frustrating for of command, told us something was no ground troops left to protect Alas- those of us who have been trying to coming and it was going to be coming ka. So Earnest Gruening, who was the make it happen. Some former members imminently. territorial governor at the time, called of the Territorial Guard are still wait- Then just last week, Army Secretary for volunteers to defend our great land ing to get their discharge certificates. Geren confirmed those fears, the fear up there in the north. Some 6,389 Alas- We have been assisted by a wonderful that it will be real, that the retirement kans answered the call. These volun- volunteer, Bob Goodman, who lives in pay will be cut effective February 1. He teers came to be known as the Eskimo Anchorage. He helps the former mem- says there is nothing he can do about Scouts, but they were representative of bers of the Territorial Guard document it. all of Alaska. They were Inupiat Eski- their service, and he tells me that un- This afternoon, the members of the mos, Yupik Eskimos, people, less we can get this turned around, un- Alaska Congressional Delegation are Athabascan and Indians, and less we can kind of move through this writing to the administration, asking there were Caucasians. that he intervene to ensure that those With no pay and very little equip- roadblock, we are going to see more of Native elders who are affected by this ment, these volunteers—these Eskimo these fine Americans who will pass on Scouts—patrolled 5,400 miles of coast- before they get their long-awaited rec- tragic series of events do not lose this line to fend off a possible Japanese in- ognition. safety net. EGICH and I are also pre- vasion. They shot down Japanese air I just don’t understand. I can’t under- Senator B balloons carrying bombs and eaves- stand why it took nearly 8 years—8 paring legislation that clarifies that dropping radios. They rescued downed years—for the Defense Department to service in the Alaska Territorial Guard airmen, they transported equipment recognize the Alaska Territorial is to be regarded as Active-Duty serv- and supplies, they constructed airstrips Guard’s service for military retirement ice for purposes of calculating retire- and support facilities, they manned the benefits. But, as I mentioned, back in ment pay. We need to clear up that field hospital outpost, and they en- June of 2008, they did it. Apparently, vagueness in the statutes. gaged the enemy in combat. that decision did not please some at I would just say, as I am able to You see the picture behind me of the the Defense Department. Between speak here on the floor of the Senate, Eskimo Scout in his snowshoes stand- Thanksgiving and Christmas, we to Secretary Gates, if you are within ing guard, standing ready. These men learned they made a case that the the sound of my voice, I believe you answered the call of our country and members of the Territorial Guard are owe an apology to these people. It was they defended our homeland. The Ter- not eligible for retirement benefits. just a month ago that the Army Chief ritorial Guard stood as the first line of This was all happening over there at of Staff sent a letter of apology to 7,000 defense for the terrain around the the Department under the radar of Sec- surviving families of the global war on Lend-Lease area, the route from Amer- retary Geren here in . The terror who received letters addressed ica to , and it was this vital life- Secretary says there is nothing we can to John Doe. The blunder I speak of line that allowed the United States to do at this point in time; the retirement today affects far fewer people, but it is supply our Russian ally with essential benefits have been reduced on the com- certainly no less of a blunder. I think military aircraft and proved essen- puters of the Defense Finance and Ac- we recognize we have just gone through tially crucial to Russia’s defense counting Service and the payments are a transition, moving from one adminis- against Hitler’s Germany. going to go down effective February 1. tration to the other. Things happen In March of 1947, the Eskimo Scouts I am not going to stand here and during a transition period—things just were disbanded, but many of them blame the lawyers for telling their cli- happen. Sometimes policy blunders can went on to continue to serve our Na- ents that the policy of crediting Alaska occur. These things do happen, and tion in the Army and the Alaska Na- Territorial Guard service toward re- then it falls upon Congress and the ad- tional Guard. For more than half a cen- tirement pay doesn’t comport with the ministration to come back and fix tury after the Territorial Guard was law. But at the same time, the Defense things. disbanded, these brave and truly dedi- Department hasn’t released that legal I pledge to the Alaskans, and I know cated volunteers received not one opinion, so I can’t judge—the presiding the Presiding Officer and our colleague ounce of recognition from our Federal officer can’t judge—whether this con- in the House, Representative YOUNG—I Government for the service they had clusion is really compelled by the law. think we all make the commitment to performed. It wasn’t until the year 2000 If the conclusion was compelled by the do everything we can to clean up what that Senator Stevens succeeded in add- law, I suppose we can’t call out the we are dealing with here. But I am left ing language to the Defense appropria- lawyers for saying so. But I do fault to wonder, what kind of a government, tions bill to recognize the Territorial their clients, the leaders who knew this what kind of a Cruella, could cut re- Guard, and that legislation required was coming. They knew it was coming, tirement benefits to a group of Eski- the Secretary of Defense to treat the but they didn’t bother to tell any of mos in their eighties, in the dead of an Alaska Territorial Guard just like any the members of the Alaska Congres- Alaskan winter, and say: Sorry, there other soldiers and to require them to sional Delegation. is nothing we can do. issue discharge certificates to those I was not notified; you were not noti- It is time for some soul searching at who remain alive. fied, Mr. President; our Member in the . I am looking for an- I was privileged to be at a couple of House of Representatives—nobody swers. I know you are looking for an- ceremonies where some of these elders came to us late last year and said: Hey, swers. We are looking for solutions, received their official discharge certifi- we have a problem. We have a problem, and there is really very little time left. cates, and it was incredibly moving to and it requires a legislative fix. Can we I thank the Presiding Officer. Know be with them when, after decades, their work together, can we do something ei- that we will find positive solutions for Government finally recognized their ther at the end of the 110th Congress or those who have served us honorably. service. The Secretary of Veterans Af- immediately at the outset of this new The PRESIDING OFFICER. The Sen- fairs was also directed to treat these Congress? ator from Tennessee is recognized. people as any other of the The senior leaders in the Army and Mr. CORKER. Mr. President, after Armed Forces of the United States. DOD didn’t even acknowledge that listening to the Senator from Alaska, I

VerDate Nov 24 2008 02:13 Jan 23, 2009 Jkt 079060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\G22JA6.086 S22JAPT1 wwoods2 on PRODPC68 with SENATE S778 CONGRESSIONAL RECORD — SENATE January 22, 2009 certainly would love to have her advo- not cover the prevention services that assistance can make it easier for a cou- cating on my behalf, and I know you would help avoid the unintended preg- ple to welcome a child into the family. two will make a great team in advo- nancy? These, again, are areas where we cating on behalf of the people in Alas- And for women with private health should be able to come together and ka, certainly seeing that they have insurance, we must ensure that FDA- make progress. been sent an injustice. I thank you for approved prescription contraceptives f the opportunity to listen to that. are covered to the same extent as other TRIBUTE TO SENATORS Again, it is great to be here with the prescription drugs and devices. If we two Senators from Alaska. want women and men to take the re- HILLARY RODHAM CLINTON f sponsible steps to avoid unintended Mr. HATCH. Mr. President, I rise to pregnancies, we must give them access speak today regarding the departure of FAMILY PLANNING to the family planning options that my esteemed colleague from New York, Mr. DURBIN. Mr. President, today will empower them to do so. Ensuring Senator Hillary Rodham Clinton. I many of our constituents are in town that contraceptive coverage is a cov- have known Senator Clinton for many for the annual March for Life. They are ered service in our health plans is a years now, and I have worked closely expressing their strong concerns about commonsense way to address that with her since the time she served as an issue that has divided our Nation issue. First Lady of the United States and for decades: abortion. It is also time to restore common then as she so aptly served the people This issue divides legislatures. It di- sense in other areas. of New York in the Senate. Today, I vides churches and communities. It Women must have timely and medi- am sure that I am joined by many of even divides families. Parents often cally accurate information about an- my colleagues in saying that her com- disagree with their children. Two sis- other alternative: emergency contra- passion, her skill, and her example in ters or two brothers may see the issue ception. this institution will be missed. differently. Even husbands and wives This product is FDA approved, and As a former First Lady of the United may not see eye to eye. can prevent pregnancy and thus the States, I was very impressed with the And yet, the American people look to need for abortion. Greater awareness of work Senator Clinton did to increase their elected leaders to come together it could substantially reduce the stag- the level of care for women and chil- and address the issue. gering number of unintended preg- dren from around the world. You may My position on the fundamental issue nancies. recall that her service in this capacity is clear: abortion should be safe and The facts are also on the side of lift- knew no boundaries or borders as mil- legal, consistent with Roe v. Wade. A ing the so-called ‘‘Mexico City’’ policy lions of lives were touched both here in decision this personal is best left to a that controls how family planning or- the United States and abroad by her woman, her family, her doctor, and her ganizations in other countries may use care, by her understanding, and by her conscience. their own funds. The global gag rule re- tenacity in helping people receive the But I don’t think the issue ends quires that, as a condition for receipt level of care and attention they so just- there. We may never reach a consensus of U.S. funding, private and inter- ly deserved. Indeed, Senator Clinton re- on abortion itself, but we can go be- national organizations must agree not minded us all that women’s rights are yond the divisions, acknowledge that to use their own non-American funds not to be separated from human rights women have a right to an abortion in to perform abortions, provide abortion and that through this empowerment we America, and still work together to re- counseling, or even lobby to make or have the potential to improve rela- duce the number of abortions. keep abortion legal in their countries. tions, eradicate violence, and increase So I would like to take a step back By law, Federal funds cannot be used prosperity. This is the vision and com- and talk about some of the things we for abortions. Audits have dem- passion that served her so well as a can do to prevent unwanted preg- onstrated that, in the years when the former First Lady of the United States, nancies, which is a goal I think all of Mexico City policy has been lifted, and this is the same compassion that us in this chamber share. Federal funds have not been used for continued to highlight her time here in Nearly half of all pregnancies in the abortions. So this is not about abor- the Senate. United States are unplanned that is al- tion. Although her time in this legislative most 3 million times a year that a This is about whether international body has been relatively brief, the ac- woman and a man are confronted with family planning programs will be al- complishments of Senator Clinton have the news that, contrary to their inten- lowed the same rights of freedom of been many. If I may, let me highlight tions, the woman is pregnant. speech and action that domestic pro- just two contrasting examples. The We can make a greater effort to en- grams have. We should not be dictating first example comes from 2007 when I sure that couples have access to the in- what groups do with their own inde- worked closely with Senator Clinton formation and services they need to pendent funds as a condition of receiv- on the Biologics Price and Protection prevent unwanted pregnancies. ing U.S. family planning funding. Innovation Act. It was through these First, we need to invest in com- So often, the battle over abortion has tough negotiations, numerous com- prehensive evidence-based teen preg- been extended into unnecessary battles mittee meetings, and candid discus- nancy prevention programs. Nearly 1 over contraception. But there are other sions that I again was privileged to million teen girls become pregnant policy areas where people who disagree witness Senator Clinton’s skill in each year, and it’s time we focus on over abortion should be able to come bringing large groups of affected par- helping them prevent those preg- together. ties together in the spirit of com- nancies. First, we need to support pregnant promise. With so many competing in- Next, we need to ensure that women women when they find themselves in a terests and so much attention being can afford contraception by expanding difficult situation. drawn to this legislation, I was appre- funding for the Title X family planning We must work to ensure that they ciative of Senator Clinton’s skills in program, which provides a critical have access to health care both before negotiation, in understanding com- safety net that both improves women’s and after the child is born; parenting peting interests, and in listening to all health and saves taxpayers money. programs; income support; nutrition of the parties involved in passing this Low-income women are four times assistance; and caring adoption alter- important legislation out of the Sen- more likely to have unintended preg- natives. ate. nancies than their higher-income Finally, we must look beyond the im- The second example I would like to peers. Democrats have proposed that mediate crises and work to address the mention comes from 2008 with little women who are entitled to Medicaid- underlying conditions that can affect a fanfare. It is a simple resolution and funded labor and delivery also be given couple’s response to an unplanned preg- one that probably did not receive much access to family planning services nancy. Affordable health care, secure attention, but it was a resolution that through the Medicaid program. If we jobs with good wages, expanded child meant something to me and it meant will cover the childbirth, why would we care options, and improved educational something to Senator Clinton. I speak

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